PAX Centurion - November / December 2014

www.bppa.org PAX CENTURION • November/December 2014 • Page 25 Legal Thoughts: Kenneth H. Anderson, Esq. Byrne & Anderson, L.L.P., Counsel to Members of the Boston Police Patrolmen’s Association Things I’m (mostly) thankful for A s I sat down this year faced with the task of writing the annual Christmas Pax article that incorporates newsworthy Boston Po- lice events to the rhythm of “Twas the Night Before Christmas,” I realized I just did not have it in me this year. Maybe next year I’ll take an- other stab at butchering that ageless poem, but for 2014 it just isn’t happen- ing. Since this is time to be thankful and be glad for what we have, I have compiled a short list of things I am (mostly) thankful for. Unfortunately, with everything there is to give thanks for, there is always that stocking full of coal sitting alongside of it. Here is the good along with the bad. First, I am thankful that the Boston Police Internal Affairs/Disciplin- ary process is unorganized, mismanaged, and moves at the same speed as sludge slowly getting pulled downward by gravity. As one who is never in a hurry to get an officer disciplined or suspended, the Internal Affairs process is a blessing in that regard. As you all know, the Internal Affairs Division is now trying to “mop up” cases from 2010 and 2011 that were never investigated, while at the same time trying to move for- ward on new complaints. With the constant turnover of investigators in the Internal Affairs Division, cases repeatedly get left behind, sitting on someone’s desk for months and often times years. Once cases do make it through Internal Affairs, they then stand in a long, slowly moving line at the Legal Advisor’s office while discipline is debated for months and months. The positive for the officer is that many times the department seeks to discipline someone years after the fact, something that is difficult to do with a straight face. In this context, discipline serves minimal purpose, and often times punishments get significantly discounted. On the negative side, the coal in this stocking here is that officers who need guidance, supervi- sion, or retraining often do not get the help that they need. If things worked efficiently, correc- tive measures would be taken immediately to prevent the recurrence of the mistakes over and over again. When no one takes a serious look at the end result of these cases for such a significant amount of time, it is often the officers themselves who end up getting hurt. Next, I am thankful that being “truthful” is a deeply valued goal of the Boston Police Department. It is imperative that officers tell the truth, and one dishonest officer can blemish the reputations of hundreds of honest, hard-working officers. Many of you can recall the black-eye the department suffered in the early 1990s when there was a scandal regard- ing a fictitious informant on search warrants, and most of you recall the harm done to the department’s image when officers were arrested truck- ing drugs into the city. A few bad officers can make it difficult for all of you hard working and honest officers, and the importance the depart- ment places on truthfulness is well desired. The negative of this “truthfulness thrust” by the department is that the department can use “truthfulness” as a vehicle to get rid of officers who they do not like by either trumping up truthfulness charges or by digging deeply into areas where they have no business going in an effort to try to find something that can be “marketed” as being untruthful. Several years ago I had a client who was a detective in a small, North Shore police de- partment where an investigator hired by the town dug through his appli- cation for the FBI Academy, later claiming he was untruthful for the way he characterized an incident that happened almost twenty years prior. Witch hunts for untruthfulness are dangerous. Recently, the Boston Police Internal Affairs Division delved into an of- ficer’s six year old military records hoping to find something untruthful in a case where the complaint had nothing to do with his military service. Holding officers to a high standard for truthfulness is commendable; go- ing on witch hunts trying to find untruthfulness is despicable. I am generally thankful that cameras are everywhere, although I re- serve the right to change my mind on this. Over the past year or so I have seen footage from store front surveillance cameras of suspects shooting at police, fleeing in cars, and doing other acts which five or ten years ago would never have been discovered. These cameras as a great tool for law enforcement. Think of how all of the cameras in the Boylston Street area helped identify the marathon bombers. There are dozens and dozens of similar, high profile cases that have been solved based upon these ubiq- uitous cameras. On the negative side, however, I have seen other cases were officers have failed to recognize that these cameras catch all of their actions. Officers have either lost their composure, or lost their ability to accurately (or truthfully) recount an incident when comparing their memory with the unbiased footage. Now there is a push to have officers wear body cameras. I do not believe this is the answer, although in some situations it could be a good thing. For now, let me leave it that I’m glad that we have this technology that could help the police, but I may think differently by next Christmas. I am also thankful that I do not live in Ferguson, Missouri, and am even more thankful that I do not represent Fergu- son police officers. We all know that Boston is far from the perfect city, although it is a much different and safer city than it was in 1990 when I graduated from law school and the city tallied 152 homicides. In the intervening years, community policing, neighborhood coalitions, outreach by elected officials and the Boston Police command staff to community groups, and various other efforts have made Boston a much, much better and safe place to live. I can make a much longer list of all of those involved in this process, but I think you get my point. There may not be complete racial harmony, but there is certainly not the tension that we have seen in other parts of the country, primarily due to the hard work of all of those involved in this process trying to get people together so they can see more eye-to-eye than they did in the past. I am glad I live in a city where the primary medical responders are Boston EMS. I have never needed their services, but from what I have seen and heard, the city is a much safer place due to the professionalism they bring to the city. And, of course, the homicide rate would be much higher without the exceptional medical care they provide. Finally, I am glad that the new members of the command staff will accept my phone calls when I call for them. Regrettably, with so many levels of bureaucracy, I often do not get an answer when I discuss issues with them. I do wish someone could make a decision, although at least they will talk to me so I do not feel completely ignored. Maybe by next Christmas they will give me the answers I am looking for now? I hope you and yours have a wonderful holiday season. Best wishes from myself, Jim Byrne, Eric Goldman, AndrewMiller and Jon Tobin here at Byrne &Anderson. Stay safe out there.