Kardasz: The following media reports of misconduct include recommendations for improving the ethical environment in one law enforcement agency.

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Topeka, Kansas Task Force Releases Report for Police Improvement

By Stephanie Wurtz / WIBW-TV / Topeka Kansas .

The Topeka Police Department's internal affairs unit and the Kansas Bureau of Investigation launched an investigation that led to the February, 2005 arrest of a narcotics officer on more than 100 counts related to stealing drug buy money. He pleaded guilty in July. In September, a second officer was charged with more than 130 counts, including falsifying evidence and misconduct. In October, city officials appointed the Drug Unit Task Force.

The task force completed its investigation and released a 33 page report. The report lays out a blueprint for the police department, and the city, to put the troubled past behind and take positive steps forward. City officials acknowledged the problem. "Those individuals need to be punished," commented Topeka City Manager Neil Dobler. And a task force headed by former KBI Deputy Director Terry Knowles outlined what led to them. "Drug related police corruption will involve a breakdown of personal integrity, along with a lack of frontline supervision and a lack of internal controls," says Knowles.

After studying the issue, the task force issued a list of recommendations. Among them, creating an Office of Professional Responsibility to better focus on integrity issues, offering ethics training, establishing a review board and opening communication between police administration and officers in the field. The task force also recommends developing a more positive working relationship with the District Attorney Robert Hecht's office, combining police and sheriff narcotics divisions and following a standard procedure for handling and documenting evidence in narcotics cases.

It's work Topeka's interim police chief says he is committed to. "We could've done better in past years in some of the things that have happened, it's my responsibility to work past that," says interim chief Steve Harsha. You can access the full report at: www.topeka.org Officials say the key now is implementation. Dobler says he and interim chief Harsha hope to have a plan for action ready in the next few weeks.

Retrieved December 31, 2005 from http://www.wibw.com/news/headlines/2133132.html

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Posted by Dr. Kardasz at 08:39 PM | Permalink

Police employee fired for providing confidential information

An Omaha, Nebraska Police Department employee was fired after providing confidential background information to a local towing operator who has had numerous run-ins with law enforcement over the years. The Omaha Personnel Board upheld the firing of the civilian employee, who worked with the department for five years.Retrieved December 31, 2005 from http://www.omaha.com/index.php?u_pg=1636&u_sid=2090625

Posted by Dr. Kardasz at 08:18 PM | Permalink

Internet Crimes Against Children - Luring/Enticement

By Dr. Frank Kardasz

The luring or enticement of minors by Internet sexual predators is a growing problem. One reason that the scope of the problem is difficult to measure is because current crime data collection methods do not satisfactorily differentiate between Internet sex crimes and other types of sex crimes. Many law enforcement agencies do not have separate categories in their crime analysis databases for Internet crimes against children.

Law enforcement officers are sometimes notified of Internet sexual predators by parents who report their children missing. Such a case occured in Milwaukee in 2005 when a boy there went off with a wanted Internet sexual predator from Phoenix. The man and boy were found in Phoenix several days after the boys mother made the report.

The luring or enticement of minors via the Internet is probably under-reported because some minor victims slip away surreptitiously for discreet sexual encounters and later return but never report the criminal acts. Minors who go away with Internet sexual predators and later return may also be reluctant to report criminal sexual activity because they feel guilty for engaging in conduct that in retrospect, they realize was wrongful and against the advice of their parents.

Children have been killed by Internet sexual predators. Cristina Long of Danbury Connecticut and Kasie Woody of Arkansas were both murdered in separate incidents by Internet sexual predators. We may never know how many of the thousands of children who are currently listed as missing are the victims of Internet sexual predators.

In some instances, law enforcement officers are notified by a wary parent who intercepts the childs activities before a sex act can occur. More parents should take an active role in monitoring the Internet behavior of their children.

visit: http://www.azicac.org

visit: http://www.ncmec.org

Posted by Dr. Kardasz at 04:17 PM | Permalink

Report Cites Failures To Implement Riders Case Changes At Oakland PD

From KTVU.com

OAKLAND -- The Oakland Police Department has failed to implement several critical reforms mandated by a settlement in the so-called "Riders" police corruption scandal, according to a report from a court-appointed committee. The department has not yet reformed three key areas -- discipline, use of force and how complaints against officers are monitored -- and will not be in substantial compliance with the terms of the settlement by the promised Dec. 31 deadline, according to the committee charged with keeping tracking of the department's progress.

In a 99-page report released Wednesday, the committee said that two audits conducted since mid-May found that officers frequently do not report misconduct by other officers, and those who do are often retaliated against. "Ensuring that officers report improper uses of force, wrongful arrests and searches and other misconduct is an essential requirement if OPD is to protect individual rights and achieve the reputation for integrity that its good officers deserve," the report said.

So far, the department has completed policies for 43 of the 55 tasks laid out by the negotiated settlement, the report found. Police Chief Wayne Tucker said he was disappointed with the audit's findings and still hopes to meet the Dec. 31 deadline. "We're not going as fast as I'd like, but we're going," Tucker said. "Our accomplishments overshadow our problems." In February 2003, the city reached a $10.5 million settlement with 119 plaintiffs who said they were beaten and framed by a group of Oakland police officers who worked the night shift and called themselves the "Riders." Officers Clarence "Chuck" Mabanag, 39, Matthew Hornung, 33, and Jude Siapno, 36, were accused of committing more than a dozen felonies during a two-week period in the summer of 2000. The officers were tried twice, and in both cases a mistrial was declared after jurors deadlocked. A fourth officer, Frank Vazquez, who was also implicated in the case, fled to Mexico and is considered a fugitive.

http://www.ktvu.com/news/5627729/detail.html

Posted by Dr. Kardasz at 02:10 AM | Permalink

Psych expert's suit vs. top cops headed for trial

By Becky Pallack ARIZONA DAILY STAR Tucson, Arizona | Published: 12.19.2005

Tucson police Chief Richard Miranda is one of three defendants in an upcoming trial stemming from a lawsuit that claims they retaliated against a psychologist by fixing a bid that cost him his contract with the department. Former police Chief Doug Smith and former Assistant Chief Jesse Ochoa are also named in the federal lawsuit filed by Kevin Gilmartin, a nationally recognized police psychology and ethics expert who helped establish the department's mental health unit in the 1970s. The trial is scheduled to begin in April in Tucson. Gilmartin's lawsuit, which was filed in 2000, does not specify damages he is seeking.

Gilmartin claims his mental health group in 1998 lost a five-year, $550,000 city contract with Tucson police after he testified about unethical police conduct in 1997 in a separate federal case. That case was the result of a lawsuit brought against then police-Chief Smith by officers. Smith told several police officials afterward that he was angry about Gilmartin's testimony, according to depositions taken for the current lawsuit.

The three police officials have said the new contract for mental health services was awarded in a legal and proper way, and they chose a different vendor for justified reasons. An attorney for the defendants did not return Arizona Daily Star phone calls. The city of Tucson was dismissed as a defendant in the case, and the Tucson Police Department was not named. In a deposition, Miranda, who was an assistant chief at the time, said Smith ordered him not to renew the contract for Gilmartin's group. Miranda said he followed the order, even though he thought Gilmartin and his staff were needed at the Police Department, court records show.

U.S. Magistrate Judge Charles Pyle wrote in a report that Gilmartin's testimony in the other trial was protected by the First Amendment as a matter of public concern because it is "relevant to the public's evaluation of governmental officials and agencies" and because it contributed to the resolution of a court case involving "significant government misconduct." "While the city must be allowed to make hiring decisions that reflect good use of the funds provided to the city by the public, the city must not be allowed to make those decisions for an illegal reason," the judge wrote in his review of Gilmartin's claims against the three police officials. Gilmartin and his company had served Tucson police for five years until 1998, providing mental health services such as psychological testing for applicants, psychological fitness exams for duty, responding to incidents and therapy for officers and their families. Under state and city law, when the services contract expired, a bid procedure was required. Miranda and Ochoa, who were part of the selection committee, reviewed two bids using score cards and judging the two companies on experience, work methods and fees, although they didn't use a scale.

Other member of the selection committee aren't named in the lawsuit. Miranda and Ochoa "essentially ignored the criteria," said Richard Martinez, Gilmartin's attorney. Miranda and Ochoa had agreed to serve as impartial bid evaluators with no conflicts of interest, despite Smith's order to them, records show. And they tried to keep the bid evaluation proceedings secret, according to witness statements. Instead of Gilmartin, the city hired Sonora Behavioral Health Associates. The group didn't have as much experience working with police as Gilmartin's group, Martinez said. Ochoa didn't believe Sonora was a viable contractor based on financial records provided by a city auditor, he said in a deposition. But he denied knowing about Smith's dislike of Gilmartin.

Another assistant chief at the time, Daniel Sharp, who now is police chief in Oro Valley, said in a deposition that the bid process was "improperly influenced" and that Gilmartin's group provided superior services to Tucson police. Sharp said in his deposition that Smith consistently eliminated anyone he "perceived as being disloyal." Gilmartin filed the federal lawsuit in 2000 after unsuccessful protests to the city. Two police unions also asked for an inquiry about possible flaws in the bid procedure and advised its members not to use Sonora Associates, the company that won the new bid.

Through his chief of staff, Brett Klein, Miranda said the Police Department enjoys a professional working relationship with Gilmartin's group. Ochoa did not return Arizona Daily Star phone calls. Smith could not be reached for comment. Gilmartin must prove Smith's order led to the loss of his contract. It's up to a jury to decide whether the police officials broke the law and harmed people "over a perception of disloyalty," Martinez said. Tucson police now use an in-house psychologist for its mental health services.

Contact reporter Becky Pallack at 629-9412 or bpallack@azstarnet.com.

Retrieved from: http://www.azstarnet.com/dailystar/dailystar/107587

Posted by Dr. Kardasz at 12:21 PM | Permalink