Skip to main content

New top story from Time: Derek Chauvin Was Just Sentenced to 22 and a Half Years. But America’s Law-Enforcement System Still Isn’t Set Up for Accountability

https://ift.tt/3qzaLLK

A Minneapolis judge on Friday sentenced former police officer Derek Chauvin, for the murder of George Floyd last May, to 22.5 years in prison—a rare event in the nation’s criminal justice system, and one that many will regard as the end of a gruesome chapter in the American story.

Yet this moment also highlights a disturbing truth about policing and accountability, one that remains unresolved: prior to killing George Floyd, Derek Chauvin was one of a substantial number of officers who have been the subject of repeated civilian complaints but never faced serious discipline from their departments. The early warning signs of dangerous police conduct often go unheeded, police-reform advocates argue, and the officers involved are rarely punished and even more rarely face prison time. Even Minneapolis, the city perhaps most closely associated with public demands for policing reform, has, in the 13 months since Floyd’s killing, taken steps to curtail public knowledge of repeat officer misconduct. So, while Friday’s sentencing may represent a rare example of criminal penalties, the most severe form of officer discipline possible, it does little to address the existence of policing systems across the country that are not set up to head off problems before they get to that point.
[time-brightcove not-tgx=”true”]

“I think there will be a sense of closure, which is worth something; a sense of accountability this one time, which is worth something,” says Abigail Cerra, a former public defender and one-time lawyer in the city’s Civil Rights Office who now works in the private sector and volunteers on the city’s Police Conduct Oversight Commission. (The views she shared in an interview days before Chauvin’s sentencing, she stressed, are her own and do not represent the commission.) “[But] given that I sit in the space of oversight … at this moment I feel really concerned. I don’t feel that hopeful.”

Read more: George Floyd’s Family Reacted to the Verdict With an Uncontrollable Cry. That Sound Echoes Through Black America

Over the course of his 19-year police career, Chauvin was involved in multiple shootings and was the subject of at least 17 civilian complaints. State prosecutors, who can seek court orders forcing the department to produce a wider array of records, have referred to as many as five additional civilian complaints filed against Chauvin, some involving allegations of neck restraints and excessive force. However, in response to the 17 complaints city officials acknowledged in a summary provided to TIME and other media outlets, Chauvin had received only two letters of reprimand, which in Minneapolis are considered a form of discipline.

Weeks after Chauvin’s conviction in state court for the Floyd murder, federal officials charged him with criminally violating the civil rights of both Floyd and a 14-year-old boy Chauvin is alleged to have restrained and beat in 2017. The complaint the boy’s family filed at the time resulted in no discipline. Had the 2017 complaint been escalated beyond that, Chauvin might have been formally warned that a repeat would put his job in jeopardy or that he might be prosecuted. With the benefit of hindsight, it is easy—and still so difficult—to imagine a world in which Derek Chauvin would have been deemed ineligible to police, much less to train other officers, years before his contact with Floyd.

“What it really says is … there was just a lack of discipline in the Minneapolis police department,” says Samuel Walker, an emeritus Professor of Criminal Justice at the University of Nebraska at Omaha, who was commissioned several times to conduct national research on policing for the U.S. Department of Justice. “He kept getting off the hook. It’s pretty shocking to look at that record.”

In this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Â Friday, June 25, 2021 in Minneapolis. Â Chauvin faces decades in prison in the death of George Floyd.
Pool photo by Court TV/APIn this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Friday, June 25, 2021 in Minneapolis.

Lax discipline, a problem in departments across the country, contributes to a culture in which officers believe that misconduct will be tolerated, says Walker. It’s so common it’s almost a cliche but, evidence of culture problems often shows up in the shorthand of department nicknames and insider lingo, he says. In the 1990s, Walker spent time in the Minneapolis area conducting research; he remembers Minneapolis police being referred to as “thumpers.” Even the then police chief used the term in conversation with Walker, he says. Cerra says she has also heard the term used today to refer to specific Minneapolis police officers who often use brute force.

Since Floyd’s death, Minneapolis officials, including the city’s first Black police chief Medaria Arradondo and Mayor Jacob Frey, have publicly welcomed an ongoing Justice Department investigation, supported restricting use of no-knock warrants and non-lethal rounds during protests, added detail to the department’s duty-to-intervene policy, created a duty to report excessive uses of force to the department, and banned chokeholds and neck restraints, among other actions. They established a special medical training unit for officers providing focused training on the deadly risks of restraining people in the prone position, long after first agreeing to do so in a 2013 settlement with the family of another Black man killed by Minneapolis police, David Smith.

But, during that same period, city officials have also more quietly changed language in the police department’s policy manual. City officials denied to TIME removing the requirement that “discipline shall be imposed” when evidence of misconduct is found, but an archived online copy of the manual includes the phrase; the latest version instead says conduct violations “will subject the employee to discipline and/or legal action.” And, public records show they debated in August and September 2020, after Floyd’s death, whether “coaching”—usually requiring a single meeting in which the problem behavior is discussed and alternatives made clear—is discipline, and the risks and benefits of putting coaching on the non-discipline side of the ledger. The most recent version of the police department manual now spells out explicitly that coaching is a “non disciplinary management tool,” “not discipline.”

What may sound like bureaucratic minutiae matters.

Most years, the overwhelming majority of civilian complaints determined to be true are resolved with coaching then marked as resolved with no discipline. The details of incidents that end in coaching or other forms of non-discipline are not a matter of public record. No Minneapolis officers, for example, have yet been officially disciplined for force used against peaceful protesters after Floyd’s death, says Cerra. And, she says, ever since the fact that coaching is not discipline was spelled out, some city officials refused to provide the kind of detailed complaint data that commission members had previously been able to review. As a result, the public and the volunteer police oversight board will now have a harder time identifying problem policing patterns.

The police conduct commission—which, while it cannot discipline officers, can conduct investigations, make recommendations, create or change policies or lobby lawmakers—did not meet for five months last year. First the pandemic caused delays. Then, when a resignation on the oversight commission left the body without its legally required number of members, no appointment was made for months.

Read more: Inside Ben Crump’s Quest to Raise the Value of Black Life in America

In the 13 months since Floyd’s death, it has also become clear that some city lawyers did not, over the course of Chauvin’s career, turn information or allegations about Chauvin’s conduct over to defense lawyers in various cases, Cerra says. This allowed Chauvin and other officers with similar histories to testify in court without being questioned about their history.

To Cerra, if that’s what’s happened in Minneapolis, a city at the epicenter of the nation’s civil rights crisis, the same or worse is possible elsewhere. Last year, a New York Times analysis found that the New York Police Department “reduced or rejected recommendations for stiff discipline of officers in about 71 percent of 6,900 significant misconduct matters.” And a Los Angeles Times evaluation of complaint data found that of the 3,763 complaints filed against Los Angeles police officers in 2019, only about 10% were deemed valid. When the paper looked only at complaints filed by civilians, just 4% were deemed valid.

Cerra has been left, even as Chauvin is sentenced, with a haunting question.

“How many Derek Chauvins are still working?” Cerra says she wonders. “There’s no way he’s the only one. And if we don’t open up the books and try to figure it out … we’re all in a lot of trouble. It’s just a matter of time until it happens again.”

with reporting by Mariah Espada and Simmone Shah

Comments

Popular posts from this blog

New top story from Time: First U.S. Cardinal Criminally Charged With Sex Assault Against Minor

https://ift.tt/3la25uv (BOSTON) — Former Cardinal Theodore McCarrick, who was defrocked after a Vatican investigation confirmed he had sexually molested adults as well as children, has been charged with sexually assaulting a teenage boy during a wedding reception in 1974, court records show. McCarrick is charged with three counts of indecent assault and battery on a person over 14, according to documents filed in the Dedham District Court on Wednesday. He’s the first cardinal in the U.S. to ever be criminally charged with a sexual crime against a minor, according to Mitchell Garabedian, a well-known lawyer for church sexual abuse victims who is representing the man alleging the abuse by McCarrick. [time-brightcove not-tgx=”true”] “It takes an enormous amount of courage for a sexual abuse victim to report having been sexually abused to investigators and proceed through the criminal process,” Garabedian said in an email. “Let the facts be presented, the law applied, and a fai...

New top story from Time: March Madness Exploits Black Athletes. The Supreme Court Should End This Injustice Now

https://ift.tt/3rC4ttJ The NCAA basketball tournament—commonly referred to as March Madness —is a beloved ritual in college athletics and the capstone of the athletic year. “Bracketology” fuels water cooler conversations and on-line chat rooms, and when Barack Obama was President, White House predictions about who would win it all. After the final buzzer sounds, we impatiently wait for college football season to start. As fans consume action on the field or hardwood, a different reality exists for the so-called “student-athletes” who generate billions for the NCAA and are paid in “scholarships.” The NCAA’s Athletic Industrial Complex that exists for Division 1 football and basketball is built on commercial exploitation that we, as Americans, would find unacceptable elsewhere. That edifice is before the Supreme Court in an academic antitrust case which will be argued on March 31. But the Court should not overlook that real players’ lives are impacted; and real harms occur ea...

Replacing Parking Meters with (Actual) Bike Parking

Replacing Parking Meters with (Actual) Bike Parking By Eillie Anzilotti Did you know you can submit a request for new bike parking? Anyone who rides a bike in San Francisco knows: A parking meter is not just a parking meter. Like street sign poles, meters are also a place to lock your bike when you’re out running errands and exploring the city.  As an agency, we’re working towards the goal of making bike racks and corrals available across the city, wherever people need them. In the meantime, we recognize that informal bike and scooter parking options, like parking meters, meet people’s needs.   So, when we announced a campaign last year to remove existing parking meters and replace them with pay stations, this brought up a question: what does this mean for bike parking?  We strive to install bike racks to replace parking options wherever meters are removed. Right now, our bike parking team is focused on identifying locations for new racks in high-demand areas ...

New top story from Time: How the Delta Variant Overtook Missouri: A Lesson for the Rest of the U.S.

https://ift.tt/3laOIdC In mid-June, U.S. maps tracking the spread of COVID-19 began showing a cluster of cases growing in the middle of the country. The epicenter lay in Missouri, particularly its more rural and remote areas. At the time, Missouri had something that other states didn’t: the Delta variant. To be fair, the highly transmissible Delta variant had at that point already crept into other states. But it had truly established itself in Missouri. Among the 25 states the U.S. Centers for Disease Control and Prevention (CDC)’s website reported on at the time, Delta was showing up in less than 5% of swab samples in 15 of them. Colorado had the second-highest rate, at 12%. But Missouri was something else: nearly 30% of COVID-positive swabs were linked to the Delta variant. As of July 28, Missouri is reporting a seven-day average of new daily cases of 27.3 per 100,000 people, up from 5.4 during the first week of May, before Delta took hold there. [time-brightcove not-tgx...

New top story from Time: These Moms Work as Doctors and Scientists. But They’ve Also Taken On Another Job: Fighting COVID-19 Misinformation Online

https://ift.tt/3tT3UwO Last March, friends and neighbors began stopping Emily Smith in her town outside of Waco, Texas, with questions about the coronavirus. An epidemiologist at Baylor University, Smith knows all too well how viruses are transmitted. But as the wife of a pastor and as a woman of faith, she also holds a trusted position in her community, and she would speak to those who asked about why she personally thought social distancing was a moral choice. As the weeks wore on, the questions kept coming: “What does flatten the curve mean?” “Is it safe for my child to kick a soccer ball outside with a friend?” So she started a Facebook page and called herself the Friendly Neighbor Epidemiologist. She adopted “Love thy neighbor” as the page’s credo. Smith wrote from the perspective of a scientist but also a wife and mother. She recently explained, for example, why churches should still continue to refrain from holding in-person services even though Texas has lifted i...

New top story from Time: ‘I Choose to Do More.’ Olympian Ashleigh Johnson Embraces Her Role As Water Polo Pioneer

https://ift.tt/3i8slne When Ashleigh Johnson —the 6’1″ star goalkeeper for America’s “best-team-you’ve-likely-never-heard-of-but-totally-should”—was growing up swimming and playing water polo in Miami, she heard racist stereotypes about Black people and pools. Other kids, parents, even people she didn’t know would tell her they were surprised she could swim. Or ask her if Black people could float. She was sometimes the only Black person around the pool. “When you’re young, you don’t really have the protective mechanisms to not internalize that story,” says Johnson, 26. “I brought those questions to my mother, and she’s like, ‘O.K., that’s not real.’ But I still held on to it a little bit. Because those are my teammates, or maybe a coach I came into contact with, who would limit my belief in myself. And I had to learn you write your own story. And the things that make you different are your strengths.” [time-brightcove not-tgx=”true”] Johnson, who in Rio became the first Blac...

New top story from Time: Caeleb Dressel Wins 100-m Butterfly and Sets New World Record

https://ift.tt/3fd3IDK The 100-m butterfly had been largely dominated by Michael Phelps at the Olympics since 2004. Now it’s Caeleb Dresse l’s turn. Dressel won the race at 49.45 on Saturday in Tokyo, nabbing his third gold medal of the Summer Games and breaking his own world record by .05 seconds. Keeping to himself in a corner of the ready room before the race, Dressel didn’t sit in the chair reserved for him, choosing to stand off to the side. A self-described “loner” and “weirdo,” Dressel prefers not to talk to many people at meets, but talked to himself as he walked onto the deck to cheers from his fellow Team USA swimmers. It’s a strategy that’s worked well for him. The only swimmer who went under 50 seconds in qualifying, Dressel led from the start, holding off rising star Kristof Milak of Hungary, who won the gold in the 200-m butterfly earlier. Dressel, however, owns the 100-m distance , and popped off the blocks with one of the fastest reactions times of .60 secon...

Parking at Muni Stops is Being Phased Out

Parking at Muni Stops is Being Phased Out By Andrea Buffa Implementing red curb "clear zones" occurs in two phases. Read more below. If you would like for us to prioritize a particular bus stop for conversion, please make a request through 311. In late November 2021, the San Francisco Board of Supervisors unanimously passed a resolution calling for us to “promote unobstructed pedestrian access for boarding public transit by eliminating parking in bus stops.” There are more than 3,500 Muni stops in San Francisco, and about 1,200 are stops at which there isn’t enough dedicated curb space for the bus to pull to the curb for riders to board. Instead, Muni vehicles stop in the travel lane, and riders often must walk in between parked cars to get on and off.    These stops are mostly in residential neighborhoods and on lower-frequency transit lines, but they potentially can be unsafe for riders and are particularly problematic for seniors and people with disabilities. The ...

New top story from Time: Hurricane Ida Winds Hit 150 MPH Ahead of Louisiana Strike

https://ift.tt/3jmdoyl NEW ORLEANS — Hurricane Ida rapidly grew in strength early Sunday, becoming a dangerous Category 4 hurricane just hours before hitting the Louisiana coast while emergency officials in the region grappled with opening shelters for displaced evacuees despite the risks of spreading the coronavirus. As Ida moved through some of the warmest ocean water in the world in the northern Gulf of Mexico, its top winds grew by 45 mph (72 kph) to 150 mph (230 kph) in five hours. The system was expected to make landfall Sunday afternoon, set to arrive on the exact date Hurricane Katrina ravaged Louisiana and Mississippi 16 years earlier. [time-brightcove not-tgx=”true”] The hurricane center said Ida is forecast to hit at 155 mph (250 kph), just 1 mph shy of a Category 5 hurricane. Only four Category 5 hurricanes have made landfall in the United States: Michael in 2018, Andrew in 1992, Camille in 1969 and the Labor Day Hurricane of 1935. Both Michael and Andrew were u...

Celebrating 150 Years of Cable Cars

Celebrating 150 Years of Cable Cars By Jeanne Brophy Powell Street Cable Cars Looking Down Powell Street Towards Sutter Street San Francisco’s iconic cable cars are turning 150 this year, and we’re throwing a party to celebrate! Today the SFMTA is kicking off a series of events that mark this sesquicentennial by offering residents and visitors a chance to learn more about the rich heritage and cultural significance of the cable car. The six-month celebration will take a journey through time and help people rediscover the allure of these cherished, moving city landmarks. Since their invention, cable cars have woven their way into the fabric of San Francisco, becoming a beloved symbol of the city. As part of the 150th anniversary celebration, unique "ghost" cable cars from vanished lines will make a remarkable return. Discover the craftsmanship behind these engineering marvels with the first-ever public tours of the Muni shop (video) where cable cars are built and maintai...