Sunday, September 16, 2012

Investigating BC's new police investigator

With the Independent Investigations Office (IIO) now at work on the RCMP shooting of Greg Matters, it is worth reconsidering a Northern Insights article written nine months ago. Following appointment of Richard Rosenthal as IIO chief, sources advised me that his record as Portland's police watchdog was tarnished by a too-cozy relationship with law enforcement personnel.

The Prince George homicide of Greg Matters is the first test of BC's new IIO. It seems not to be an auspicious opener. Thursday, 250 News reported IIO Independence Questioned:
"...The IIO team members have been making full use of resources of the RCMP, including conducting interviews at the North District headquarters, home of the ERT unit which was involved in the incident.

"...The use of local resources also includes the use of the RCMP’s forensics experts.

"...With IIO investigators working so closely with the RCMP, using their experts and in some cases their vehicles, the question of independence in this investigation comes to the forefront..."
The following is my piece from December 2011:

A decade ago, Richard Rosenthal left the Los Angeles prosecutors' office to lead Portland's new Office of Independent Police Review. L.A. Deputy District Attorney Jim Cosper said it was a good choice. However, attorney Stephen Yagman, remarking also on Portland's selection of police chief Mark Kroeker, had the opposite view,
"Portland's loss is L.A's gain. Portland has become a toxic waste dump for Los Angeles law enforcement."
Rosenthal had been a key prosecutor in the Los Angeles Ramparts police scandal where many officers were accused of unjustified shootings, beatings, lying under oath, stealing, dealing drugs and planting evidence.

According to Willamette Week,
"...the Rampart probe today is widely viewed as a fiasco. None of the convictions has held up on appeal. Attorneys, including prosecutors, have attacked its handling, saying only a fraction of the likely police misconduct has been punished."
The Portland weekly also wrote,
"Charles Lindner, a past president of the L.A. criminal defense bar, says Rosenthal has tremendous legal skills and high integrity, but may be too quick to believe authority figures like judges--or police.

"Richard tends to believe the good guys, or the guys who are supposed to be the good guys," Lindner says. "There's a sense among my colleagues that he doesn't ask the hard follow-up questions. I think if he sees [misconduct] he will be tenacious in going after it. The question is, will he see it?"
Rosenthal's 2001 salary in Portland was $67,000 (equivalent to $82,500 in 2011). When he departed for Denver in 2005, he earned $89,000 ($99,600 in 2011 dollars). His new Colorado position paid $110,000 at the start ($123,000 in 2011 dollars). His salary in British Columbia is said to be $210,000, an amount that will be far higher after pension costs, relocation and other expenses.

Predictably, Rosenthal's near four year term in Portland was controversial. He was critical of the official responses to police shootings and exposed other officer wrong-doing but five members of his citizens' Independent Police Review committee resigned, saying Rosenthal was too cop-friendly. Asked to name his major achievements in Oregon, Rosenthal included one that seems incredibly modest. It was,
"the creation of a "management information system where complaints don't get lost anymore."
I contacted Dan Handelman of portlandcopwatch.org who had these views on British Columbia's first independent police monitor:
"Mr Rosenthal's tenure here was mostly characterized by his efforts to minimize the power and authority of our system's Citizen Review Committee, a 9-member panel whose role includes hearing appealed complaints of police misconduct. Rosenthal helped create the original rules for the CRC, then started rewriting those roles to minimize the citizen body's impact within two months.

"Within a year, when a high-profile case came before the body (involving an indigenous Mexican day laborer who was beaten by police after being 20 cents short of fare, then shot and killed two days later inside a mental hostpital), Rosenthal and other city officials told the CRC that if they wanted to hold a hearing, it would happen with no staff or other support from Portland. Shortly after that, he worked with the Auditor (who oversees our system the Independent Police Review Division, or IPR) to change the ordinance so that the CRC members would no longer be able to choose new volunteers for their Committee. Then, after the first (and only) case that was appealed past CRC to City Council, Rosenthal took the side of Internal Affairs and the Police Bureau rather than supporting the CRC. This led to 5 of the 9 members resigning.

'His shut out of the general public was not limited to the CRC; when we at Portland Copwatch asked for copies of the case files being reviewed at the CRC's public meetings, Rosenthal agreed to give just one copy to the entire community (which Portland Copwatch accepted, but demanded that such paperwork be shared with all).

"To his credit, he did also ask Council to add review of lawsuits (tort claims) into the IPR's authority. (And, it's my understanding that he welcomed his power in Colorado to participate in officer involved shooting investigations, even though he and the Auditor fought to keep shootings cases out of both the IPR and CRC's purviews when he was in Portland.)

"While things have improved in many ways since his departure, some of the issues are clearly institutional. We are currently about 5 weeks into a process of trying to expand the CRC's powers and duties based on recommendations made in December 2010. There were at least 18 proposals about improving IPR and CRC, but the current Auditor and IPR Director only put 4 of them into their proposed new ordinance.

"Overall, I hope that the community members in Vancouver who are interested in police accountability and oversight are able to fully participate in whatever system you have in place there now, and if not, that they work with Mr. Rosenthal and whoever oversees his program to ensure that the public can be part of holding police accountable. Our system, while termed "Independent," still relies on police Internal Affairs investigating other police accused of misconduct. IPR provides some over-the-shoulder review, and occasionally releases information to the public in an effort for transparency, but the more citizens can do that makes a system truly independent and that reflects community concerns the better."
Readers will note a considerable difference between the information reported here and that provided by Postmedia, doing its usual Liberal cheer-leading. For example,
"Rosenthal gained a reputation as a no-holds-barred critic of police abuse of force in Portland, Oregon and Denver, Colorado after he set up police oversight units in those cities.

"...He exposed the Rampart scandal, a corruption case that led to charges against 70 Los Angeles police officers in the Rampart division's anti-gang section."
In my opinion, other than preventing the watchdog's investigation of past tragedies, the first warning signs that Rosenthal is hired to be a paper tiger were happy statements of senior police officers at the press conference introducing our new 'independent' police monitor. A person such as Robert Holmes, Q.C., President of the BCCLA, would have been appropriate if independence and public trust were true goals. Reported by Ian Bailey at the Globe and Mail:
“It’s a great day for policing,” [RCMP Acting Commander for BC Fraser] MacRae said.

The head of the B.C. Association of Chiefs of Police noted the organization unanimously asked the government to create this kind of operation three years ago. “I’m happy we have arrived,” said Peter Lepine, also chief of the West Vancouver Police Department.

“[Mr. Rosenthal] brings the right skill sets, the right talents, the right desire and the right attitude to his office,” he said. “What’s important here is public confidence.”
------------------------------------------------
Read about Portland policing in 2004, while Rosenthal was monitor, from Northern Insights' State sanctioned violence.

An excerpt:
William T. Grigsby, 24, was shot by bullets 13 times, hit 22 times with beanbags and Tasered four or five times, after running from Portland police. Although he was unresponsive after numerous shots were fired, police made no effort to provide medical aid, even when one officer noticed that it appeared Grigsby was "bleeding out" Thirty-seven more minutes passed as officers fired rounds at him from a Sage 37 mm projectile-launcher, a police dog bit and dragged him, and officers fired two additional Taser rounds at Grigsby, who hadn't moved for nearly an hour. Medics pronounced him dead at the scene. The medical examiner found that immediate medical care probably would have prevented Grigsby from bleeding to death because none of his wounds was immediately fatal.
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17 comments:

  1. Why am I not surprised at this turn of events ? This position has been filled with someone that will tow the line and support the police no matter what the evidence against them is. I have said in other blogs that the Lieberals would make a mockery of this position. I am greatly saddened to see that prediction come true.

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  2. http://www.denvergov.org/Portals/374/documents/7-14-11_OIM_Second_Quarter_Report_2011_Final.pdf

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  3. A few days ago an Oregon court denied a blogger protection under that state’s “shield laws” because she isn’t employed by a media organization. Crystal Cox, who stupidly represented herself, now owes $2.5 million. [1]

    Today I find the best coverage of Richard Rosenthal, head of BC's new independent police investigation office, is being done right here - by a blogger, with a source from Oregon.

    While you would criticize Times Colonist's Katie DeRosa for "cheer-leading", I would point to the Province's Michael Smyth for basically cut-N-pasting selected highlights [2] from Joel Warner's in depth Rosenthal profile* in Westword. [3]

    Dan Handelman, of Portland Copwatch, brings up the issue of Rosenthal's relationship with the watchdog's watcher: the Portland police Citizen Review Committee. Handelman clearly feels that Rosenthal actively subverted civilian oversight.

    Civilian oversight were also an issue in Denver. [4] The Denver City Auditor found Rosenthal and the Citizen Oversight Board did not always play nice together and the audit found this was due to Rosenthal's actions.

    [1] - http://www.theregister.co.uk/2011/12/06/blogger_loses_defamation_case/

    [2] - http://www.theprovince.com/opinion/Being+outsider+advantage+police+watchdog/5829270/story.html

    [3] - http://www.westword.com/content/printVersion/1809158/

    [4] - http://www.denvergov.org/Portals/3/documents/Office%20of%20the%20Independent%20Monitor%2010-20-11.pdf

    * - Warner's Westword profile states: "...Rosenthal's six-employee office, with an annual budget of $636,000 in 2010 ($132,000 of that for Rosenthal)..." Perhaps the $110,000 you wrote as Rosenthal's Denver salary was for when he started in 2005?

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  4. Does this remind anyone of David Hahn's appointment? Sadly, without any knowledge of the man or his background, I found myself reciting the Ghristy Clark Incantation, a loud exclamation about bovine excrement, the second the announcement was made. It's only sad because it appears to be so true. Thank you for digging up the necessary information.

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  5. the outsider from out of town is always the expert, but when you ask around their home town you sometimes find different.

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  6. Click on link below to read report noted by Anonymous at 7:51 AM.

    Denver Quarterly Report on Critical Incident Response

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  7. i'm pouting, my post from this morning is gone ??? :(

    http://www.westword.com/content/printVersion/1809158/

    http://www.denvergov.org/Portals/3/documents/Office%20of%20the%20Independent%20Monitor%2010-20-11.pdf

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  8. Sorry to Anonymous 6:15pm. The system identified your morning post as spam and derailed it into a category I don't often check. It's published now.

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  9. A very interesting find Mr. Farrell. My congratulations.

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  10. Thank you Sean. There's more to come.

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  11. I heard a CBC Radio interview on Friday afternoon with a police beat reporter from a Los Angeles newspaper lauding Rosenthal, and the Rampart probe.

    The CBC can't get any sources newer than over a decade? It was so long ago, the police beat reporter couldn't remember some basic details of the Rampart probe.

    Another shameful example of how low the CBC has sunk in journalistic abilities.

    Thanks for enlightening me on this latest well-paid American taking a top BC job.

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  12. When Rosenthal began in Portland, he took a massive salary hit. His L.A. income was 85% higher than was paid by the Oregon job. That may be a better indication of his 'success' in the Ramparts prosecution than the cloudy memories of individuals. It took Rosenthal 9 years to regain that ground, money wise.

    However, coming to BC will be a good move since it provides an immediate 60% wage increase with likelihood of more to come because senior officials in BC often earn $400K or more.

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  13. "because senior officials in BC often earn $400K or more."

    And don't forget that 400 and/or+ K is in real Canadian dollars, not the suspect Yankee greenbacks!

    BTW, hopefully I sent some traffic your way yesterday as I posted about this charade, using your research as a primary source, though I do have family in Oregon, perhaps I should check out their ideas about Mr. Rosenthal.

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  14. A very late comment as I read your blog about once a month, but thoroughly :^) You may not be aware that the "attorney Steven Yagman" quoted in your post has since been disbarred by the California Supreme Court following his convictions on federal charges of tax evasion, fraud, and money laundering. I carry no brief for Mr. Rosenthal, but Mr. Yagman's opinions may not be that valuable.

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    Replies
    1. In 2005, Stephen Yagman was selected as one of California’s top 41 lawyers for
      “extraordinary achievements, making a significant impact on the law, work [that] has had a profound, far-reaching impact, and whose achievements are expected to have such an impact in coming years, and have changed the law, broken new ground, and substantially influenced public policy.”

      In his 2011 book, Lawyers on Trial, UCLA School of Law Professor of Law Emeritus Richard L. Abel listed Yagman in the chapter "Championing the 'Defenseless' and 'Oppressed,'" rated him a "highly competent, dedicated lawyer who is a champion of unpopular causes."

      Delete
  15. I love how the picture in this article features two of the biggest frauds in BC political history. The third is still under review.

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  16. Chief Paul Battershill in 2002 told the Committee reviewing the OPCC that "10 years from now if BC police oversight follows the Ontario model , then police will lawyer up and it will become very legalistic, I'll be long gone but it will be fascinating to read about". Well it's 10 years later, Battershill himself was ousted, and we have that very model he talked about. now we wait and see.

    I did not hear if the cop involved was interviewed immediately, or if he had time to consult with lawyers and craft an explaination as to what took place.

    ReplyDelete

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