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Police unions advise silence in inquest process
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LAS VEGAS REVIEW-JOURNAL
Updated: Jan. 3, 2011 | 11:58 p.m.
In a first for Clark County, the heads of the two largest police unions are telling members not to cooperate with investigators after officer-involved shootings or in-custody deaths.
The move is continuing fallout from recent changes to the county coroner's inquest process, they say. Police unions representing officers in Las Vegas, Henderson and North Las Vegas already had recommended that members stop participating in inquests, which they consider too adversarial under the new procedures. Now, in addition to not testifying at inquests, officers are advised not to make statements to investigators who gather evidence for the fact-finding process.
Without statements to criminal investigators, the Clark County district attorney's office will lose a key piece of evidence: What prompted the officer to fire?
Chris Collins, president of the Las Vegas Police Protective Association, which represents roughly 2,800 officers, said statements to investigators will be rehashed at inquests and could expose the officer to civil or criminal liability.
"We begrudgingly participated in the process and watched as it eroded away the police officer's rights," Collins said. "Now with the rules being changed, we've decided it's just not worth it."
The situation pits the heads of the police unions against county commissioners who approved the changes, public advocates and even Clark County Sheriff Doug Gillespie. The sheriff said he supports the new inquest process and is working on a solution to concerns about criminal investigations.
The criminal investigation is typically done by homicide detectives. Officers have long had an unwritten agreement to talk about the incident with the detectives within hours of a shooting, though they've always been able to invoke their Fifth Amendment rights against self-incrimination.
Such statements factor into the investigators' recommendation to the district attorney, who determines whether any charges are filed. If no charges are filed, the case is set for a public inquest.
The district attorney effectively runs that fact-finding process, although a hearing master can ask questions, and interested parties can submit written questions. The officer's statement to investigators has been important, at the least, for ensuring the officer's testimony is consistent.
Clark County District Attorney David Roger, who was not in favor of the inquest changes, said he doesn't expect the absence of an officer's statement to affect his decisions. He said detectives can build a complete case file on physical evidence and witness statements alone.
"We talk to homicide detectives all the time where they don't have statements from suspects," Roger said.
But the move was criticized by those who favored the inquest overhaul, which has yet to be implemented.
"Just to say, 'We're going to take all our marbles and go home,' doesn't seem like a reasonable response," Clark County Commissioner Rory Reid said.
Allen Lichtenstein, general counsel for the American Civil Liberties Union of Nevada, said the move could damage public opinion of the police.
"What they're really saying (is) they're happy enough to show up when they'll only be asked questions by friendly DAs, but when they're asked tough questions by people not in their corner, they don't want to participate," he said.
Collins said his union recommends all officers, whether they pulled a trigger or just witnessed an incident, not talk to homicide detectives.
Henderson Police Officers' Association president-elect Norm Halliday said his union now makes the same recommendation to its 428 members.
North Las Vegas Police Officers Association President Michael Yarter said he leaves the decision up to his roughly 400 members, but he does advise skipping the inquests.
"They said this is what they were going to do," said Commissioner Steve Sisolak, who voted against the inquest changes. "I don't know if everyone thought they were bluffing."
At issue is a change commissioners made in November to allow a presumably neutral ombudsman to question officers during inquests, along with the district attorney's representative. Supporters felt the move would add integrity to a process long criticized as favoring police. Details of the ombudsman's role will be worked out Monday by the county Commission.
So far only one incident has occurred since the changes were approved. On Dec. 11, Anthony Jones, 44, was fleeing from two Las Vegas officers who shot him several times with Tasers. He later died. The officers, Mark Hatten and Timothy English, have not given statements to homicide detectives.
Las Vegas police officers still are required to give a statement about an incident at least twice: At the scene, they must talk to their immediate supervisor to determine where any shots might have gone and whether a suspect is still at large; and they must talk to internal investigators.
The latter statement cannot be used against them in a criminal case.
Union members have in the past discussed not participating with homicide investigators, Collins said, but the inquest changes brought the issue to a head.
Law enforcement experts said such refusals aren't unusual.
Michael McGill, an attorney in Upland, Calif., who frequently works for police unions in representing officers, said he advises officers not to give a voluntary statement at the scene.
"Generally, there's no reason for an officer to give a voluntary statement,'' he said. "It's going to be used for one reason: To be used against the officer criminally."
Contact reporter Lawrence Mower at lmower@review journal.com or 702-383-0440.
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Now that the county has adopted the process where an Ombudsman will be allowed to represent the decedent's family, when will the "guidelines" be made public. It will be interesting to see what constraints, (if any) the ombudsman will have to abide by. Has the county "code" been updated to include the duties of the ombudsman ?
But who is protecting us from the cops?
Joe citizen aka " The Ostrich With His Head In A fantasy World." This is the real world and these killer cops are defended by the likes of you people that live with your head in the sand!!
Rachel & Shatzie - It sounds like it's time for both of you to move to Dreamland. We have police protecting us from the scumbags of society. When the scumbags prey on innocent people, I'm glad that the police respond. When the scumbags challenge and resist the efforts to restore order, they get what they deserve. I hope neither of you ever have the need for protection, but in the event that you become a victim, who are you going to call?
The past inquest was a sham. The current inquest is a sham. All citizens, cops included, should understand their Constitutional rights and exercise them if they choose. Idiots like Rory Reid are the reason it has come to this. Pandering to the media and special interests serves no one but those who profit from it. A grand jury remains the only viable answer if all parties are actually concerned about truth.
The cops are playing hardball, because they know they always get their way in this town. So now, all of these cases will procede straight to multi-million dollar lawsuits that they'll have to raise our taxes to pay for. How about a new law? One that states that a cop who kills is civilly liable, just the same as any citizen would be. Let the guilty shooters pay instead of the innocent taxpayers. Watch how quickly the number of officer involved shootings goes down.
bghs------- please answer Devil Dog... what do you do to make this city a better place like devil dog does everyday????.... what do you do for a living to HELP people???? or at least tell us what you do for a living..... I have told you many times before what I do .... retired cop from Maryland and have been a Realtor here for 10 years... and I have a Bachelor's degree.... while I was a cop... so your " all cops are dumb high school drop outs " does not fly
@ Joe Citizen
So the cops shouldn't fallow the program and participate in the process. What do they have to hide? If the cops Start obeying the law and they'll be fine.
If you see a CCPW employee sleeping in his county truck, is it your business? If a 5th grade teacher is telling students to have unprotected sex, is it you business. If a Las Vegas Meter Maid is writing bogus tickets for her neighbors vehicle because they play their music too loud, is it your business. Just as they all answer to the public so does the police. JG says they're self-employed. Well, then let's see them build their nice new station without a bond issue. Let's remember that when they ask for more money for more cops.
I don't have the time, nor is it my job ,to school you on the subtleties of the English Language, but I will insist that despite what DevilDog or PrezPalin think, I never said I know or do more than anyone else either on this post or anywhere in Las Vegas.
Have I got uppity, yes I have. Because instead of confronting me on the issues you have insulted me, called me names and just plain misstated my position. So, for all those here who haven't heard me yet. Here it is. One last time. I wasn't for the changes to the inquest. I fully support any officer's decision to plead the Fifth. I advocate an honest forthcoming police department. I want to good, honest cops to stand up to the bad cops, and to be rewarded for doing so. When a cop makes an honest mistake I want that cop to be able to admit it and help others learn from that mistake without fear. I want dishonest, criminal cops to find they have no place in Metro because their fellow officers simply will not tolerate their behavior. I want criminals to fear the cops and I want to know that never again will good, honest citizens fear any action by police. And I would love to see the cops kill less people. Please, by all means, tell me how horrible I am to want these things. Give me a solid reason why those wishes are bad for the Valley.
I have to shake my head at your post Devil dog... If you are so proud of your uniform, why do you sit by and let others sully it by their actions? I wore one at one time until injuries forced me out. And I would be the first to give another uniform the benefit of the doubt, but also the first one to call for their head when they screwed up. Lying to the Sheriff about the circumstances involved in another officer's death is not acceptable. Falsifying information to get search warrants is not acceptable. Shooting someone in the back while they are on their knees with their hands on their head is not acceptable. Putting another four bullets in the back of a suspect when he's on the ground is not acceptable. Screaming down Nellis at 70 MPH for no reason is not acceptable. Refusing to arrest someone that reeks of alcohol from ten feet away and has a four year old child in the car is not acceptable. Sorry, but if you wear the same uniform, and you do nothing, say nothing, or make no stand when the misdeeds are staring you in the face, that makes you just as guilty. I pray that the honest, hard working officers of Metro band together and say with one voice: ENOUGH! We are tired of certain people soiling the same uniform we wear, eroding the public trust, and committing crimes they so gladly put others in jail for. They need to be fired and/ or criminally charged! Will the Devil Dog be one of those who does?