April 13, 2004
Status Of PARC Recommendations In Perez Shooting Investigation
A Sampling Of Reform In Police Bureau Procedures
Back in early October, the Portland Police Bureau released a status report on the adoption of recommendations from the independent PARC report on the Bureau's policies regarding the use of force and in-custody deaths.
As the investigation into the officer-involved shooting of James Jahar Perez by Office Jason Sery moves towards its grand jury phase, we picked a sampling of the PARC recommendations and asked the Bureau if they were being followed in the aftermath of this current incident.
What appears below are the recommendations we selected, along with what the October status report said about their status at that point in time. Immediately following each is what we've heard from the Bureau about their implementation in the Perez/Sery investigation.
Recommendation 4.3: The Bureau should revise its policies to make clear that investigators should always strive to obtain a contemporaneous, tape-recorded interview of involved officers. Such a policy would not only ease doubts about officer collusion, but place officers and civilians on the same footing. In addition, in those cases where an officer declines to provide a contemporaneous interview, investigators should be required to thoroughly document their efforts to obtain the interview, including (1) when the request was made, (2) to whom it was directed, and (3) the reason(s) for the declination. -- Status: Done (9/2/2003).
Status in the current in the current incident, according to Bureau spokesperson Cheryl Robinson: "All officers' interviews were taped."
Recommendation 4.4: The PPB should meet with the leadership of the police unions to work out procedures for taking voluntary statements from involved officers in the hours immediately following a shooting or in-custody death incident. Interviews would not be conducted until after the officers have been given an opportunity to consult with a lawyer and/or union representative. The unions should encourage involved officers to provide investigators with contemporaneous statements, and likewise should encourage the lawyers they furnish to their members to facilitate such prompt statements. -- Status: In progress.
Status in the current in the current incident, according to Bureau spokesperson Cheryl Robinson: "All officers, to include Officer Sery, were interviewed within 24 hours."
Recommendation 4.6: The PPB should issue a policy expressly forbidding all officers who participated in or witnessed an officer-involved shooting or in-custody death from discussing the incident with any person (including other involved or witness officers) other than their immediate supervisor, unit commanding officer, union representative, attorney, a medical or psychological professional, and PPB investigators until they have completed comprehensive, taped interviews in the criminal and, if needed, administrative investigations. In discussing the incident with their immediate supervisor or unit commanding officer during this period, officers should provide only that information necessary to secure the scene and identify the location of physical evidence and witnesses. -- Status: Done (9/2/2003).
Status in the current in the current incident, according to Bureau spokesperson Cheryl Robinson: "Involved officers were issued written communications restrictions orders the night of the incident. The only people they were allowed to discuss this with were those allowed by law, ie: spouse, lawyer, clergy, etc."
Recommendation 4.7: The PPB should issue a policy forbidding all officers from volunteering or communicating any information to involved or witness officers before the deadly force investigation has been completed. In addition, just as a judge may order jurors to avoid media and other discussions of a pending case, so too should the PPB issue a policy directing involved or witness officers to avoid exposure to other accounts of the incident (even if unsolicited) until they have provided investigators with a comprehensive, tape-recorded statement. In addition, the PPB should require its investigators to thoroughly cover in each officer interview what information the officer had received from other officers or outside sources. -- Status: In review.
Status in the current in the current incident, according to Bureau spokesperson Cheryl Robinson: "Again, officers were issued written orders restricting communication. In terms of avoiding media coverage, that has not been made a policy at this time. This is one of the PARC suggestions that is still in the review process."
Recommendation 4.9: The PPB should require that involved and witness officers be physically separated immediately after the scene has been secured, and that the officers remain sequestered (i.e., unable to communicate with each other) until they have submitted to a comprehensive, taped interview by investigators. -- Status: Done (9/2/2003).
Status in the current in the current incident, according to Bureau spokesperson Cheryl Robinson: "As soon as the scene was secure and stable, the involved officers were separated and issued orders to not communicate regarding the incident."
Recommendation 4.15: The PPB's policy and practice of conducting untaped "pre-interviews" of officers or civilians should be eliminated. -- Status: Done (9/2/2003).
Status in the current in the current incident, according to Bureau spokesperson Cheryl Robinson: "Detectives no longer conduct un-taped pre-interviews."
Finally, we group a final three recommendations together here, because the responses as to their status in the current investigation was the same (which we will give after the recommendations themselves).
Recommendation 4.13: If a civilian refuses to submit to a taped interview, investigators should (1) not begin the interview until the witness has signed a form acknowledging that he or she has refused to be interviewed on tape; and (2) present the civilian with a written copy of the investigator’s summary of the interview and allow the citizen to review and sign the investigator’s summary for accuracy. The civilian should be permitted to make any corrections or amendments to the statement he or she feels is necessary. A copy of both the original and corrected/amended witness summary should be included in the investigative file. -- Status: In review.
Recommendation 4.14: PPB investigators should video- or tape-record all scene walk-throughs with involved or witness officers. Transcripts of all walk-throughs should be included in the case file. -- Status: In review.
Recommendation 4.16: The PPB should improve the already useful existing Deadly Force Interview Checklist by adding policy and tactical questions, including: (1) whether the officers can think of (a) alternative approaches that might have minimized risk to themselves and others, and (b) potential improvements in PPB training; (2) a description of when and why the officers decided to (a) draw their guns; (b) point their guns; or (c) lower or re-holster their guns; (3) describing the grip and shooting stance used by the officers, including gun/flashlight technique; (4) indicating whether the shots were sighted; (5) describing the availability and use of cover and concealment; and (6) identifying distances from suspects with weapons other than guns, and opportunities for tactical retreat. -- Status: In progress.
According to Cheryl Robinson: "I will check on these remaining recommendations as they are all still in 'review' status."
Comments (2)
Jack Bog on 13 Apr 2004
Great job, b!X. 4.16 is crucial; stay on it.
toonprivate on 14 Apr 2004
Ditto. Thanks for tracking this down.