Tuesday, March 12, 2013

SPD answers to the DOJ & the federal court now lol



USA v. City of Seattle, Case No. C12-1282JLR, Status Conference, 3/12/2013, Seattle Courthouse, Seattle, WA, Judge James L. Robart presiding.



Judge Robart is overseeing the Dept of Justice reform of the SPD, and there was a hearing today after weeks of “distractions,” he called them, public fighting between the mayor and city attorney -- deliciously, in the press.  The mayor seems to think he doesn’t have to listen to anybody because he’s a lawyer and he knows best and his lawyer is telling him he doesn’t have to listen to the city attorney.  The city attorney disagrees, naturally, and believes that IT is the precise agency to ensure that the city (police, mayor, et al) are following the law.  Mostly, the distractions are Mayor McGinn and Chief Diaz dragging their feet, kicking and whining instead of signing on to the agreement, as if they can wish it away, as if they aren’t part of the problem in the first place and why a consent decree is now needed. 

That settlement agreement is an agreement to submit to reform or have to give up control of your police department entirely to the federal court, which has been done in several other cities, presumably for the improvement of their police force.  Not so sure about LA…

I love legal stuff, so this is probably more interesting to me than to most, but this video is a rare glimpse into the workings of a federal court right here in Seattle, which, happily, has some proceedings televised. 

The proceedings in this video speak for themselves, but to save time:  There was a presentation by the police monitor, and then advisors to the process (not sure of their roles), a junior DOJ attorney, and the assistant city attorney, and then the judge spoke.  It was the judge’s comments that are, of course, the most interesting, since they control and since he’s a wry wit, but more than that, he seems like a good guy and will oversee the serious reform of the SPD for the first time in its history.  Reform means the police are going to have to fucking change the way they do things and it had better start pretty soon.

It was -- DELIGHTFULLY -- mentioned today that the LAPD found success in its reform around the same time that their police chief was replaced.  I was sitting behind Chief Diaz when I heard that and stole a peek at him as he sat impassively. 

I also found it interesting that City Attorney Pete Holmes did not address the court, leaving that to the assistant city attorney, and so did not grab the spotlight in a setting when it would have been really easy to do so, and that says something about him, what, I’ll leave to you to decide.

Beyond today’s hearing, I got there early and sat in on a public but somewhat personal parole violation hearing of a 54 year old man, on probation or parole (I don’t know which is which) for some kind of bank fraud, cashing checks not his, setting up fraudulent bank accounts to do so, which was all adjudicated, and he’s back in court because he failed to keep up with restitution payments.  He’s doing all the other right things, getting a degree, counseling on his own, is employed supervising others, joining a church community, has a girlfriend, lives near his kids and grandkids – all the right things and more for a black man with a felony.

I sat there listening as unobtrusively as possible, troubled that this man is in trouble for bank fraud when the real criminals in banking who committed unfathomable fraudulent acts on millions of us ruining millions of lives who haven’t set one foot inside a courtroom, and that is the grossest injustice of all.  I thought please don’t let this judge be harsh with this man.…  Please.  I also knew that it would be a case like this where it would be really difficult for me not to show emotion if I were reporting the testimony.  It was difficult just sitting there.

For the government’s side, the probation office lady in the beginning was kind to the defendant, remarking how laudably he’s been living his life.  Later in the hearing, when asked his opinion, the 35 year old male probation officer shared his view, that in spite of all that, we must set an example and there must be consequences for being deceptive, that punishment is needed.

I wish I had recorded this part.  The judge didn’t take too long to tell the defendant that he didn’t see much good in sending him back to jail (his words), so he is going to go easy on him this time, but if he comes back to court, it will go a year back in the detention center, and he wished the defendant a good day.  Very very very happy to hear that and to be reminded that some of our judges believe in redemption and compassion.  Then I had to rush out to the parking meter certain I had a ticket and I didn’t.

This is the same judge who later reminded the Seattle Police Department and everyone that HE alone is in charge of this process and HE is in charge until he says he’s not, so (me paraphrasing) the Seattle Police Union Guild can file all the lawsuits it wants in state court, as it did just yesterday, and that he “awaits with interest” what that court decides to do with it  HA HA  Their timing in filing the lawsuit yesterday, just in time for the judge’s comments today, is HILARIOUS.

The bald-headed guy on the left is Barry and he’s the court reporter and super nice.