LAPD report on Officers' Misconduct and Civil Rights Violations during May Day 2007 Immigration Demonstration

Posted on: October 27, 2007 at 1:02 p.m.

A recent report into the May MacArthur Park demonstration, organized to protest immigration policies in May 2007, faults the police. The October 9, 2007 report determined that police officers from the LAPD used excessive force on protesters and journalists that were at the rally.

As a May Day immigration march was concluding at the park, lines of police clad in riot gear moved in to clear the area. Officers from the LAPD's Metro Division -- considered an elite unit -- used batons and fired foam bullets into the crowd of largely peaceful demonstrators. The clash left 246 journalists and marchers, as well as 18 officers, injured.

Though the report stated that leadership problems aren't an excuse for poor judgment and lack of common sense, it also cautioned that Police Chief William J. Bratton may weigh those factors in delivering individual discipline.

"Even if planning was inadequate, tactics were flawed, command had broken down, situational awareness was poor and proper training was lacking, in the end some behavior by officers on May Day 2007 appeared to be unjustified," according to the report. "How much weight is given to each factor will be a decision that Chief Bratton will make." Just because the report mentions 26 officers doesn't mean that the force they used was improper -- that is still to be determined, Bratton said in an interview this week. He said the number of officers under investigation could rise.

Hank Hernandez, police union legal counsel, said much of the May Day force he's seen on television and video tapes can be explained. "Bratton doesn't know the history of training, and he is going to have to eat crow," he said. "The bottom line is there are inconsistent rules with regards to LAPD use-of-force policy."

For decades, attorneys for officers accused of misconduct have successfully used the wording of various department bulletins to suggest that their clients' missteps were the result of poor training or inconsistent policies.

Hernandez said that in crowd-control situations, officers act together and "don't have time to sit down and discuss the approach with each other. . . . We expect them to use common sense and judgment, but you cannot in a skirmish line act alone. They have to act as a team."

While prosecutors will probably review whether some of the May Day officers should face criminal charges, Los Angeles County Dist. Atty. Steve Cooley has convicted only one officer of such a crime in the last five years. That case involved an officer who was captured on video assaulting a teenager in a police station.

It is more likely that Bratton will take the most serious offenders before an internal disciplinary body known as a Board of Rights, which holds trial-like hearings that the LAPD used to conduct in public but now keeps secret. Two command officers and one civilian would consider the evidence, hear testimony and decide if the officers were guilty or innocent of misconduct. Then they would recommend punishment.

Tagged as: federal law and defense

Comments:

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M. Carmen Lopez on December 10, 2007 at 2:33 a.m. wrote:

In the days after the May incident took place, LAPD Chief Bratton accepted that some police officers had acted inappropriately and that these officers were going to be investigated. I highly disagree with the statement, ?Bratton doesn?t know the history of training, and he is going to have to eat crow? (Hernandez). If Bratton did not have knowledge and experience in the field, then why was the crime rate reduced in NY when he collaborated with preceding NYPD Chief Kelly? Why was Bratton asked to take the position of Chief in LAPD after working as NYPD Chief? If Bratton has worked in the police departments of Boston, New York, and currently Los Angeles, it clearly has not been a matter of ?not knowing the history of training.? Going back to the May incident, I believe that the officers who were present during the May incident showed a really bad conduct. As the videos show, some civilians did not even know what was going on when they got beaten up by the officers. But as J. Jacobs comments for this blog, I also believe that the media most of the time only publicizes stories of police misconduct. Most of the time the public does not know the entire story and it turns easy to judge our officers. J. Jacobs addresses important details about how a ?news editor at UCLA?s Daily Bruin was hit in the stomach while covering an event? (Strickland, 1st blog comment). It is stated that the Daily Bruin staff was not cooperating with the police?s efforts to settle down a group of students. Similarly, the May incident at MacArthur Park was also initiated by a sub group of young people who were disturbing the peaceful protest. So I think that it is important to know the entire story before judging our police officers. Most importantly, we should not take one event of police misconduct and generalize that all cops have a poor performance when in fact there are officers who are trying to do their best to PROTECT our communities.

Steven (Matt) Gibson on December 6, 2007 at 3:46 a.m. wrote:

There is a serious problem when the police, after dealing constantly with dangerous and violent criminals, are unable to appropriately adjust to other non-threatening situations. Instead of throwing riot police and then criticize them for getting caught up in the action and over-reacting, we should be more careful about where riot police are deployed and be sure to accurately brief them of the situation and the nature of the crowd (ie violent or non-violent). The inherent problem in mob control is that all it takes is a couple violent a or non-cooperative protesters to cause the entire police unit to swing in a more violent direction. We must remember that these officers have to be on the defensive against violent action at all times, especially in facing an angry mob. However, in a completely peaceful protest there is no need for them to initiate force. Swat teams are forced in a difficult situation since these crowds are looking for attention and therefore are trying to push these officers to their limits with an air of invincibility around them. In a sense, they are trying to be martyrs for their cause, pushing the swat into a corner until they start to react. Therefore, the police need to be careful and thoughtful of the situations in which they choose to have swat confront a large crowd due to the inherent difficulties for them to judge the intentions of the crowd and the 'I dare you to touch me' nature of a mob.'

Bahar Sodaify on November 30, 2007 at 5:47 p.m. wrote:

The job of a Police officer is to protect and serve. But who are they protecting when they beat protestors? All protestors are trying to do is inform the public. The first amendment guarantees all citizens the right to free speech. Thus, hindering someone's right to protest is hindering their constitutional right. The Police should be required to take a class about the constitutional rights of the public. Additionally, instead of spending their valuable time beating harmless protestors, the police should try to stop real crimes, like murder and rape.

Erin Zajac on November 30, 2007 at 1:37 p.m. wrote:

This case is one of many on the news that focuses on the misconduct of police officers. I can only say that in a demonstration environment police should be even more careful with their actions becuase of the large number of people in the area. If one police officer steps out of line, the whole demonstration could turn into chaos. If there are

Kate Monson on November 7, 2007 at 1:55 p.m. wrote:

The article mentions that attorneys for officers have successfully used the fact that their clients? actions were the result of poor training or inconsistent policies. I don?t think this is any excuse for their behavior. These officers must lack total common sense if they think using batons and foam bullets on peaceful demonstrators is justified. Cops are already feared and hated by many, and to continue making these poor decisions is only going to increase their negative reputation and, as a result, make their job even more difficult. I think the structure and policies of the LAPD need to be closely examined and changed and for new, improved training to be mandatory every couple of years. Otherwise, this cycle will just continue.

Kate Monson on November 7, 2007 at 1:44 p.m. wrote:

I don?t think anyone could disagree with the trial judge giving the indigent a lawyer because it is written in the Constitution that everyone has the right to an effective counsel. However, I don?t see why approving over $1.2 million in legal fees is necessary for an ?effective? job to be done. As some opponents said, taxpayers are spending more on this man?s defense than on what they could spend on their own. This, I don?t believe is fair. The job of the judge is to approve reasonable fees that would provide an effective council for the defense. But what constitutes ?reasonable? and ?effective? is not so clear and could be interpreted in many different ways. Having more lawyers and spending more money on them doesn?t necessarily equal a more effective council and certainly isn?t always reasonable.

Kyle Reilly on November 4, 2007 at 7:32 p.m. wrote:

The use of violence should only be considered when all other avenues and alternatives have been exhausted. While officers should follow their code of conduct and guidelines as set fourth by their unit, I do think that common sense should prevail. However, the trials should be public. While notably they would want two of their peers involved in the process, the community should at large select citizens to help take part in this judicial process. I do think that common sense will prevail, and the people that evaluate the officers' actions will be able to make a fair decision as to the legality of the situation.

Leah Streiter on November 2, 2007 at 12:24 p.m. wrote:

We must strongly consider what the ramifications are of chastising police officers in specific cases like this. I don't personally think we should have a grandiose production if an officer is being reviewed. Putting an officer under public scrutiny may cause hesitation from police officers in the future to use as much force as needed to keep protestors under control. I thought Jacobs made a good point 'They are asked to perform the job of judge and jury at the salary of a secretary; in fast paced and dangerous situations, that we at home have hours to review and formulate opinions about.' An Officer at times only has seconds to make a judgement call on something and its easy for the public to say that an officer made a wrong decision when we have all the time in the world to scrutinize.

J. Jacobs on October 28, 2007 at 9:33 p.m. wrote:

The media coverage and overall perception of law enforcement agencies in this country is disrespectful and one-sided. Hardly anyone seeks an alternative viewpoint other than the spoon-fed media attention and overly opinionated journalists. When will front page stories of the Los Angeles Times display a story of heroism and courage in the face of danger on behalf of a police officer? I agree that the conduct displayed by several members of the Los Angeles Police Department during the May Day March was unacceptable and a violation of the public?s trust and confidence. However, formulating and publishing opinions on issues that we ourselves were not present for is completely ignorant. Not every officer?s character is reflected by the conduct of the officers in the aforementioned incident. Police officers in the United States operate under a microscope in comparison to agencies in other countries. They are asked to perform the job of judge and jury at the salary of a secretary; in fast paced and dangerous situations, that we at home have hours to review and formulate opinions about. With regards to the UCLA Daily Bruin editor and his subsequent treatment by the LAPD: The police department was trying to restore order to a town set ablaze by a bunch of college students who can?t handle their alcohol. The Daily Bruin staff member was not contributing to this restoration, nor was he acting as a passive journalist trying to obtain a news story. Was I there? Yes. The situation was comprised of minor offenses such as: burning couches, trash cans and vehicles. However, fights, stabbings and anti-police sentiment were palpable in the air. Frankly, the only thing that disgusts me more than the misconduct of police officers, is the over representation of police brutality and misconduct in the media. Police Officers are human beings with families and emotions. They are constantly placed in potentially life changing situations and asked to diffuse them by almost impossible means. Next time you ask to jot down some officer?s badge number so you can argue about a speeding ticket you undoubtedly deserve?Think about the sacrifices that he has made to attempt to serve and protect you. Maybe, just maybe he was writing that speeding ticket to save your life, rather than to ruin your day.

Mary Strickland on October 27, 2007 at 9:39 p.m. wrote:

Although poor training may be to blame for some of the officers' inappropriate actions, I do not see how any reasonable adult would ever think it's a good idea to baton a non-violent protester. LAPD has a history of poor performance when dealing with journalists in particular-the news editor at UCLA's Daily Bruin was hit in the stomach while covering an event last year-after showing his press pass. Perhaps the officers would think twice before overstepping their boundaries if they were tried before a jury that did not include twice as many fellow officers as civilians. Furthermore, the trials should be made public again-officers would be less likely to knowingly abuse their power if they knew that any incriminating evidence against them would be made public.

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LAPD report on Officers' Misconduct and Civil Rights Violations during May Day 2007 Immigration Demonstration

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