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Nov 10, 2013

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‘Public Safety' Exception to Miranda Warnings Arises in LAX-Shooting Case

by Joe Palazzolo and Tammy Audi

The airport shooting in Los Angeles has rekindled a now-familiar debate over the circumstances under which the government may question a criminal suspect without first advising him of his right to a lawyer.

The local U.S. attorney's office has taken what legal experts describe as an aggressive interpretation of an exception to the Miranda rule in investigation of Paul Anthony Ciancia, the suspect in a shooting rampage at Los Angeles International Airport last Friday.

Mr. Ciancia was charged with two federal crimes in a complaint filed over the weekend, including the killing of a federal employee at work, Transportation Security Administration officer Gerardo I. Hernandez. The charge carries the death penalty, if Mr. Ciancia is convicted. The U.S. Attorney General will make the ultimate decision about whether to pursue the death penalty after a lengthy review protocol for potential federal death penalty cases.

In a court filing earlier this week, prosecutors objected to a request to appoint a public defender to represent Mr. Ciancia. Part of the government's argument: that it should be able to question him about the ”possible existence of co-conspirators, organizational support for his actions, and other violent plots about which Ciancia could have knowledge,” before it advised him of his right to an attorney.

A Supreme Court decision in 1984 said police can skip the Miranda warning — which begins, “You have the right to remain silent…” — if there is an imminent threat to public safety. In that case, the court ruled police acted properly when they asked a man arrested on suspicion of rape where he had hidden the gun he was carrying before they had read him his rights.

“The public safety exception was originally conceived to permit on-the-scene interrogation of suspects in urgent and potentially dangerous situations,” said Justine Harris, a defense lawyer in private practice and former assistant federal defender.

But increasingly, Ms. Harris said, the exception is becoming the rule. “Using the doctrine to justify questioning suspects in non-emergency situations amounts to a deliberate end-run around the Miranda rule,” she said.

Juliet Sorensen, a law professor at Northwestern University and former federal prosecutor, said there were too few examples of the use of the public-safety exception to draw firm conclusions, but she said the application of the exception in the Ciancia case went beyond the parameters of an Federal Bureau of Investigation memo on the subject.

“It appears to be DOJ policy to consider invoking the public-safety exception whenever possible to gather information or intelligence,” said Ms. Sorensen.

The application of the public-safety exception in the investigation of Mr. Ciancia, who has been in the hospital for nearly a week and has told police he acted alone, raises several questions. What is an immediate threat? Does he qualify as an operational terrorist?

The Federal Bureau of Investigation said in a 2010 internal memo that, in investigations of operational terrorists, agents should ask “any and all questions that are reasonably prompted by an immediate concern for the safety of the public or the arresting agents without advising the arrestee of his Miranda rights.”

The FBI said in an application for a warrant to search Mr. Ciancia's phone that it was interested in his views on the legitimacy and activities of the U.S. government. The warrant application mentions the New World Order, an old conspiracy theory that holds that an international group of elites is plotting to rule the world.

Similar issues arose in the investigation of the suspect in the Boston Marathon bombing earlier this year. A federal magistrate judge advised Dzhokhar A. Tsarnaev, the surviving suspect in the attack, of his rights about 16 hours after he was charged in a criminal complaint. The judge, Marianne Bowler, created a makeshift courtroom in Mr. Tsarnaev's hospital room, where he was recovering from gunshot wounds.

In Mr. Ciancia's case, a federal magistrate judge appointed a federal public defender to represent him, against the government's wishes. Prosecutors had warned in court papers that the move would “foreclose the opportunity — should Ciancia so choose — to waive his constitutional rights and speak to the government about the offense prior to arraignment.”

“This is simply untrue,” lawyers in the federal public defender's office wrote in a brief in response. “Mr. Ciancia is free to exercise his right to speak to the government, if he wishes, whether or not counsel is appointed.”

At this point, it's unclear whether the government still intends to invoke the public safety exception to question Mr. Ciancia, and if it does, how it would go about that given that Mr. Ciancia now has counsel. Mr. Ciancia's physical condition is also unknown. He is expected to meet with a judge next week, if his condition improves, according to people familiar with the situation.

Once Mr. Ciancia has had his initial appearance, the government would be prohibited from questioning him in the absence of his lawyer, unless he initiated the discussion or waived his right to counsel, said Jack Call, a criminal justice professor at Radford University in Virginia.

Mr. Call said, however, that the public-safety exception could still be applied, but Mr. Ciancia would almost certainly invoke his right to counsel, since he already has a lawyer.

A spokesman for U.S.Attorney André Birotte Jr. declined to comment. Sean K. Kennedy, the federal public defender in Los Angeles, didn't respond to requests for comment.

A lawyer for Mr. Ciancia's family in New Jersey said he had not been hired to represent Mr. Ciancia. “Paul is our son and brother,” the lawyer, John Jordan said, reading from a statement issued by the Ciancia family. “We will continue to love and care for him. We will support him during the difficult time ahead.”

The family said they were cooperating with federal investigators.

On Wednesday, the coworkers of the slain TSA agent, Mr. Hernandez, honored him with a ceremony and motorcade at Los Angeles International Airport. TSA officers formed a procession through Terminal 3, wher Mr. Hernandez was killed, as lines of police, fire fighters and other law enforcement agencies saluted. Airports across the country plan to hold a moment of silence for Mr. Hernandez on Friday at 9:20 a.m., when the shooting started.

http://blogs.wsj.com/law/2013/11/07/public-safety-exception-to-miranda-warnings-arises-in-lax-shooting-case/

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California

How the Police Endanger Public Safety

Law enforcement policies increasingly put the public at risk.

by Steven Greenhut

A news photograph from Friday taken in the normally placid suburban community of Roseville, east of Sacramento, was shocking. A California Highway Patrol officer was pointing a rifle at a motorist stopped at a checkpoint, as police searched for an armed parolee who had injured some of their colleagues. It seemed reminiscent of an occupying army.

News stories focused on the suspect and the details of the manhunt, but the police approach – evacuating houses, using military-style vehicles and helicopters – raises a question rarely asked about policing policies today: Do they unnecessarily endanger the public's safety?

When agencies combed Southern California for former Los Angeles Police Department officer Christopher Dorner in February, some officers fired upon innocent bystanders who didn't come close to the right profile. Dorner, a large black man, was driving a gray Nissan truck, but an officer shot two Latina women driving a blue Toyota truck. An officer also fired on another bystander 20 minutes later.

Police behaved similarly as they sought a Boston Marathon bomber. As Conor Friedersdorf asked recently in the Atlantic, “Does anyone else find it disturbing that Boston area police, confronted with an unarmed suspect in a backyard boat, fired so many bullets so wildly that multiple adjacent houses were strafed ... ?”

This approach is not uncommon even in day-to-day policing. On October 22, in the middle of the afternoon, 13-year-old Andy Lopez Cruz was walking down the street in Santa Rosa with a plastic pellet rifle. Officers hid behind the door of their patrol car and called to him. As the boy turned, they shot him to death.

According to the police statement, “One of the deputies described that as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his direction. The deputy feared for his safety, the safety of his partner, and the safety of the community members in the area.”

There are ongoing investigations, but this was standard behavior. Police routinely use deadly force in questionable circumstances even as violent crime rates hit record lows. Officer safety seems to trump concerns about public safety.

And there's remarkably little public discussion about the proper use of deadly force. Because of the California Supreme Court's 2006 “Copley” decision involving the former owner of this newspaper, the disciplinary records of law-enforcement officers are secret. So are internal investigations of specific shootings. The public has no right to know which officers may have a history of using deadly force.

The Peace Officers' Bill of Rights makes it tough to remove an officer. Former University of California-Davis cop John Pike, who nonchalantly pepper-sprayed peaceful Occupy protesters in November 2011, was just awarded a $38,000 workers-compensation settlement because of the stress he endured – more than the amount received by any of his victims. Pike spent eight months on paid leave and then was fired.

Yet change only goes in the opposite direction. Gov. Jerry Brown signed SB 313, which forbids police agencies from disciplining officers that district attorneys have listed as having lied or otherwise misbehaved. That will further protect officers who unnecessarily use force and then mislead investigators.

“We need law enforcement professionals who are not operating from a vantage point of fear and paranoia where their own self-preservation trumps all other concerns,” argues Jonathan Taylor, a Cal State Fullerton professor. He was active in protests after Fullerton police in 2011 beat a homeless man named Kelly Thomas. The trial for two officers charged in Thomas' death is slated for December – a rare instance of police being prosecuted for a killing.

“Deadly force should not be the standard whenever police perceive a threat,” Taylor adds. He and other activists call for policy changes as well as changes within a police culture they view as overly militaristic. Police officials say such responses are needed given the very real dangers officers face and the potential threats to the public of having, say, an armed-and-dangerous parolee roaming the streets.

But most politicians of both parties, fearful of the political clout of police unions, don't want to go near this topic. So change may hinge on whether enough people are upset enough by these incidents to demand it.

http://reason.com/archives/2013/11/01/how-the-police-endanger-public-safety

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Nov 9, 2013

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Connecticut

Stephen Sedensky, State's Attorney, To Ask Court Not To Release Newtown 911 Tapes

NEW BRITAIN, Conn. (AP) — A Connecticut prosecutor is asking a court to block the release of 911 recordings from the Sandy Hook Elementary School shooting as he seeks the reversal of an order from the state's Freedom of Information Commission.

A New Britain Superior Court judge is holding a hearing Friday on the request for a stay from Stephen Sedensky III, the state's attorney who has fought to keep the recordings sealed in his role as the lead investigator of the Dec. 14 massacre.

In September, the FOI commission ruled the recordings of calls from inside the school must be provided to The Associated Press, which sought them in part in examine the police response to the massacre. Sedensky has appealed that ruling.

"A stay will ensure that the appeal will not be moot and will remain viable pending its resolution," Sedensky wrote in a court filing. "Additionally, a stay will protect crime victims and witnesses as well as allow information relative to child abuse to remain protected."

The AP and the FOI commission have opposed the request for a stay, writing in a joint filing that there is no reason for Sedensky to continue withholding the records. If the 911 recordings are released, the AP would review the content and determine what, if any, of it would meet the news cooperative's standards for publication.

http://www.huffingtonpost.com/2013/11/08/stephen-sedensky-newtown-_n_4239443.html

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Instagram pulls account exposing witnesses in Philadelphia as 'rats'

Police are investigating the RATS215 account on the popular photo-sharing site that posted photos and other identifying information on witnesses to violent crime. More than 30 people have been identified since February.

Police and prosecutors in Philadelphia are trying to find the source of an anonymous Instagram account that put up photographs and other identifying information about witnesses in violent crime cases.

The "RATS215" account, taken down Thursday by Instagram, outed more than 30 witnesses with police reports, photos and information about secret grand jury proceedings, the Philadelphia Inquirer reported.

Police are investigating the account as an act of witness intimidation in a city with a long history of reluctant witnesses. Nearly 7,900 people were following RATS215, the paper reported.

One photo appeared to have been taken inside a courtroom while a witness was testifying. Another showed evidence and photos from a shooting victim whose case was in secret grand jury proceedings.

There were more than 150 photos and dozens of "likes" and comments on the account before it was shut down.

http://www.nydailynews.com/news/national/instagram-account-posts-witness-photos-rats-article-1.1510972

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Indidna

Matthew Tully: IMPD's push for diversity promotes good policing

It's probably inevitable these days that just about every public policy concept or proposal, no matter how helpful or sensible, will at some point get bogged down in silly conservative-versus-liberal chatter.

And, so, when I wrote recently about Indianapolis Public Safety Director Troy Riggs' belief in the value of a more diverse police department, one more representative of the city it serves, the talk in some quarters immediately turned to the phantom issues of quotas and reverse discrimination. And even though Riggs is the appointee of a Republican mayor, many people wrote or called me to blast the column and his thinking as empty headed liberalism. That knee-jerk response is based on ideological grudges that, sadly, end up making it hard for people like Riggs to do the right thing.

I'm coming back at this issue today because I fear the shouters may damage what shouldn't be a risky or controversial endeavor but probably is. After all, while the critics of a more diverse department are out in force, the Democratic machine in this town, which claims to stand for equality and fairness, sure hasn't come rushing to defend Riggs.

So I will.

First things first. Yes, it is worth asking questions about demographic information when a county is 28 percent black but has a police department that is only 13 percent black, and when the numbers regarding Hispanic officers are even worse. It is worth looking to see if there is an inherent discrimination at play, intentional or not, that results in such numbers. It's important to make sure all applicants are starting on level ground.

http://www.indystar.com/article/20131108/NEWS08/311080010?odyssey=mod%7Cmostcom

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Judge throws out LA man's murder conviction

LOS ANGELES (AP) — A Los Angeles man who spent 34 years behind bars for a decades-old killing was freed from jail Friday after his conviction was overturned.

Kash Delano Register, 53, walked out of the Twin Towers downtown jail at about 4:30 p.m. and was greeted by family members and attorneys.

"I'm just in a numb feeling right now," Register told reporters. "You know, it just hasn't really set in yet. I know it's real, but it just hasn't truly set in yet. It's a beautiful feeling, though."

Register was convicted of killing Jack Sasson, 78, in April 1979 and sentenced to 27 years to life in prison. He always maintained his innocence.

Superior Court Judge Katherine Mader threw out the conviction on Thursday, ruling that prosecutors used false testimony at trial and failed to disclose exculpatory evidence. Prosecutors said they would decide by next month whether to appeal the decision or retry him.

Register was convicted mainly on alleged eyewitness testimony. None of the seven fingerprints found on Sasson's car matched Register's, and police never recovered the murder weapon.

Register's girlfriend said he was with her at the time of the shooting but prosecutors relied on the testimony of Brenda Anderson, who identified Register as the gunman.

http://www.sfgate.com/news/crime/article/Judge-throws-out-murder-conviction-of-LA-man-4967710.php

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From the FBI

Fugitives Sought -- New Subjects Added to Cyber's Most Wanted List

(Pictures and Podcast on site)

Five individuals have been added to the FBI's Cyber Most Wanted list for their roles in domestic and international hacking and fraud crimes collectively involving hundreds of thousands of victims and tens of millions of dollars in losses.

In announcing the addition of the new subjects—along with rewards of up to $100,000 for information leading to their arrests—Executive Assistant Director of our Criminal, Cyber, Response, and Services Branch Richard McFeely said, “Throughout its history, the FBI has depended on the public's help and support to bring criminals to justice. That was true in the gangster era, and it's just as true in the cyber era. We need the public's help to catch these individuals who have made it their mission to spy on and steal from our nation and our citizens.”

Rewards are being offered for each of the five fugitives, all of whom are believed to be living outside the U.S. See the accompanying “Wanted By the FBI” posters for more information.

The FBI's Most Wanted program is best known for its Ten Most Wanted Fugitives list. The Top Ten list was established more than six decades ago and has become a symbol of the Bureau's crime-fighting ability around the world. But the Bureau highlights other wanted fugitives as well—terrorists, white-collar criminals, and increasingly, those who commit cyber crimes.

http://www.fbi.gov/news/stories/2013/november/new-subjects-added-to-cybers-most-wanted-list/new-subjects-added-to-cybers-most-wanted-list

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From the Department of Homeland Security

Serving Veterans Across DHS

As we take time on Monday to thank our nation's veterans for their service and sacrifices, we also recognize the veterans who continue to serve here at home, including across the Department of Homeland Security (DHS).

As a veteran myself, I am proud that DHS employs more than 54,000 veterans who make up almost 28 percent of our total workforce, in addition to the more than 43,000 active duty U.S. Coast Guardsmen and women we are honored to call our colleagues.

I'd like to highlight just some of the work we are doing across DHS to recognize our men and women in uniform.

This year, from November 7 to 13, U.S. Citizenship and Immigration Services will welcome almost 8,000 new U.S. citizens at over 120 naturalization ceremonies—many of whom are military members and veterans who have sworn to defend our nation and will be proudly welcomed as our fellow Americans.

At the Transportation Security Administration (TSA), over a quarter of the workforce is military veterans. This year, TSA revised screening requirements to allow expedited screening for this group through its Wounded Warrior program.

http://www.dhs.gov/blog/2013/11/08/serving-veterans-across-dhs?utm_source=DHShomepage&utm_medium=rotator&utm_campaign=Veterans%20Day

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Critical Infrastructure Security and Resilience Month

November is Critical Infrastructure Security and Resilience Month, which recognizes the important role critical infrastructure plays in our nation's way of life and why it is important to expand and reinforce critical infrastructure security and resilience.

What Critical Infrastructure Means To You

The nation's critical infrastructure provides essential services that underpin American society and sustain the American way of life. Critical infrastructure supports the power we use in our homes, the water we drink, the transportation systems that get us from place to place, the bridges that connect us and the communication systems we rely on to stay in touch with friends and family.

Securing critical infrastructure and ensuring its resilience is a shared responsibility of federal, state, local, tribal, territorial and private sector partners, as well as individual citizens. Just as we all rely on critical infrastructure, we must all play an active role in keeping it strong, secure, and resilient.

Critical Infrastructure Security and Resilience Month will focus on building awareness and understanding of the importance of critical infrastructure to America's national security and economic prosperity as well as reaffirming the commitment to keep our critical infrastructure and our communities safe and secure. This requires a nationwide effort, with partners working together toward a common goal.

http://www.dhs.gov/

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Nov 8, 2013

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Illinois

EXCHANGE: Hanover Park officer serves community

HANOVER PARK, Ill. (AP) — The Hanover Park Police Department does not officially have an "officer friendly" program, but it does have officer George Sullivan .

Officer Sullivan serves as the strategic enforcement and prevention officer for the department. With his personable and friendly demeanor, he goes above and beyond the call of duty to serve the community. Sullivan is what community policing is all about.

"My main thing is outreach," Sullivan said. "To get the connection from the police department to the citizens so that we have a flow of communication, because, one of the main things with policing is information flow, and if we don't have the backing of the citizens, that information flow stops."

He adds that while officers engage in their investigations to solve crimes, it's often a tip from a citizen who calls 911 that helps to solve many situations in Hanover Park.

Sullivan, 46, is a graduate of Illinois State University and is entering his 25th year with the department. He lives in the Northwest suburbs with his wife and three children, ages 9, 7 and 2.

One of Sullivan's main responsibilities organizing the annual COPS Day picnic, an event held in July which alternates between the north and the south sides of town. Police officers grill hot dogs and mingle with residents among an array of emergency vehicle and helicopter displays, sports team mascots, a "Dunk the Cop" tank, a police dog demonstration, raffles and information booths.

http://www.timesunion.com/news/crime/article/EXCHANGE-Hanover-Park-officer-serves-community-4963020.php

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Illinois

14 graduate from Rockford's Citizens Police Academy

ROCKFORD — This group of CPAs probably can't help you much with your taxes. That's because they are not Certified Public Accountants. They are the latest graduates of the Rockford Police Department's Citizens Police Academy.

The diverse group of 14 young adults to senior citizens made up the department's 10th graduating class. They were presented certificates by Mayor Larry Morrissey and Chief Chet Epperson Wednesday in a biannual ceremony held at the Public Safety Building. Today's class increased the number of graduates to 209 since the volunteer program's 2009 inception.

One day a week, for the past seven weeks, the participants learned what happens from the time a 911 call is made to the time an arrest is made and a case is presented to the Winnebago County's State's Attorney's Office for prosecution.

The men and women learned about the various components of local law enforcement that contribute to public safety such as 911 Center operations, community policing, crime prevention, drug and gang awareness, crime analysis, criminal laws and city ordinances, identity theft, and organizing and maintaining a neighborhood watch group.

Community Services Supervisor Sgt. Carla Redd told the graduates to, “Take the information you've received back to your neighborhoods and strengthen the community around you.”

http://www.rrstar.com/article/20131106/NEWS/131109553

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Labor Department Wants Safety Reports Made Public, Source Says

WASHINGTON (AP) — The Labor Department wants companies to begin filing all workplace injury and illness reports electronically so they are available for anyone in the public to see.

The department's Occupational Safety and Health Administration will announce the plan on Thursday as part of a proposed rule that would dramatically change the way companies file safety records, according to a person familiar with the proposal.

The person requested anonymity so as not to get ahead of the formal announcement.

In a description of the rule, OSHA said a new electronic reporting system would help the government, workers, researchers and the public more effectively prevent workplace accidents and illnesses. The agency said the change also supports President Barack Obama's initiative to increase public access to government data.

The plan would apply only to companies with more than 250 employees.

While the proposal is expected to please labor and workplace safety groups, business groups are likely to oppose it. They say raw injury data can be misleading or contain sensitive information that can be misused.
http://www.huffingtonpost.com/2013/11/07/labor-department-public-safety-reports_n_4230361.html?utm_hp_ref=politics

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