By Flint Taylor of People’s Law Office, originally appeared in In These Times
The pre-ordained failure of a biased local prosecutor to obtain an indictment against Darren Wilson should not surprise us. But the movement for justice for Michael Brown has brought widespread attention to the nationwide problem of systemic and racist police violence and highlighted the movement that has come together to battle against it.
The Ferguson grand jury’s decision not to indict Ferguson police officer Darren Wilson for the killing of African-American teenager Michael Brown is heartless but unsurprising. But it is important to place the case in context with the history of police violence investigations and prosecutions in high profile cases—and the systemic and racist police brutality that continues to plague the nation. In doing so, there are lessons for the movement for justice in the Michael Brown case, as well as for those who are engaged in the broader struggle against law enforcement violence.
What follows, then, is a brief history of similar high profile cases where public outrage compelled the justice system to confront acts of racially motivated police violence—with, to say the least, less than satisfactory results.
Over the past 45 years, Chicago has been a prime example of official indifference and cover-up when it comes to prosecuting the police for wanton brutality and torture.
On December 4, 1969, Black Panther leaders Fred Hampton and Mark Clark were slain in a police raid that implicated the Cook County State’s Attorney and the FBI’s Cointelpro program. A public outcry led to a Federal Civil Rights investigation. Despite finding that the raiding police fired more than 90 shots to one by the Panthers, the Grand Jury in 1970 did not indict, but rather issued a report that equally blamed the police perpetrators and the Panther victims.
Outrage at this decision led to the appointment of a Special Prosecutor who, in the face of extreme official resistance, obtained an indictment against the police and the State’s Attorneys who planned and executed the raid—not for murder and attempted murder, but rather for obstruction of justice.
The case came to trial in front of a politically connected judge who dismissed the case without even requiring that the charged officials put on a defense. Again, the outrage, particularly in the African-American community was so extreme that the chief prosecutor, Edward V. Hanrahan, was voted out of office a week after the verdict was rendered in 1972.
The Jon Burge police torture scandal provides another stark example. Evidence that had been unearthed over the years demonstrated that a crew of predominately white Chicago police detectives, led by Jon Burge, tortured at least 120 African-American men from 1972 to 1991.
Cook County State’s Attorney Richard M. Daley was tendered powerful evidence of this torture as early as 1982, but did not investigate or prosecute Burge and his men. Daley’s office continued to use confessions tortured from the victims to send scores of them to prison—10 of whom went to death row, though they were later saved by a death penalty moratorium in 2000 and by a grant of clemency in 2003 by then-Governor George Ryan—during the next seven years.
In 1989, the local U.S. Attorneys’ office declined to prosecute, as did the Department of Justice in 1996 and Cook County State’s Attorney Richard Devine for the five years directly thereafter. In 2001, due to continuing public pressure, a politically connected Special Prosecutor was appointed to investigate the torture. But after a four year, $7 million investigation, he too refused to indict, instead issuing what is widely considered to be a whitewash report that absolved Daley, Devine, and numerous high Chicago police officials.
Finally, in 2008 the U.S. Attorney indicted Burge for perjury and obstruction of justice, and he was convicted in 2010, and sentenced to 4 ½ years in prison. However, the U.S. Attorney has subsequently declined to prosecute Burge’s confederates for similar offenses.
Chicago is by no means an isolated example of how difficult it is to obtain justice for wanton police violence through the judicial system. In New Orleans, a crew of white detectives responded to the killing of a white police officer in 1980 by terrorizing the black community of Algiers, killing four innocent people and torturing numerous others by “booking and bagging” them: beating suspects with telephone books and suffocating them with bags over their heads.
Seven officers were indicted by the Department of Justice for civil rights violations arising from the torture of one of the victims and three were convicted. No officers were charged for the four killings or for the other acts of torture.
In 2005, in the wake of Hurricane Katrina, an NOPD officer fatally shot an unarmed black man named Henry Glover, then several of his fellow officers burned his body to cover-up their crime. NOPD officers also shot and killed two unarmed black men on the Danziger Bridge.
After state authorities botched their investigation, the Civil Rights Division of the Justice Department indicted the officers involved in the two cases and obtained convictions of some of the main police actors. However, the Court of Appeals for the Fifth Circuit overturned the verdict in the Glover case, and the trial judge, citing government misconduct, took the extraordinary step of granting the convicted officers a new trial in the Danziger case.
In 1997, an NYPD officer sexually assaulted a Haitian-American man named Abner Louima in a precinct station bathroom by shoving a broken broomstick up his rectum. Louima’s attacker was subsequently charged with federal civil rights violations, while three of his police accomplices were charged with covering up the crimes.
After Louima’s attacker pleaded guilty, his accomplices were convicted, but the Second Circuit Court of Appeals overturned their convictions on the grounds that the lawyers who represented the officers had a conflict of interest. After they were convicted a second time, the Appeals Court again overturned their convictions—this time on the basis that there was insufficient evidence of intent.
In 1999, four officers from the NYPD’s Street Crimes Unit fired 41 shots at Amadou Diallo, a Guinean immigrant who was reaching for his wallet, hitting him 19 times. The officers were indicted for second degree murder and the case was moved to upstate New York, where a jury acquitted the officers.
In July of this year, NYPD officers arrested an African-American man named Eric Garner, allegedly for selling untaxed cigarettes. They put a prohibited chokehold on him, forced him to the ground face first with his hands behind his back, and shoved his face into the pavement, where he died a few minutes later of a heart attack. The deadly assault, which was captured on videotape, is now under investigation by a Special Grand Jury empaneled by the District Attorney’s Office.
Among the most notorious cases was the brutal 1991 beating of Rodney King by five LAPD officers. A videotape captured most of the brutality and also showed several other officers standing by and doing nothing to stop the pummeling of a defenseless black man.
Four officers were charged at the state level with assault with a deadly weapon and use of excessive force. The trial was moved to a predominantly white suburban county, and three of the officers were acquitted of all charges, while the fourth was acquitted of assault with a deadly weapon and other lesser charges. But the jury failed to reach a verdict on his use of excessive force.
After an angry uprising in the African-American community of Los Angeles that left 53 dead and around 2,000 injured, the U.S. Justice Department indicted the four officers, and a federal jury convicted two of them, while acquitting the other two.
This past August, LAPD officers fatally shot an unarmed mentally ill African-American man named Ezell Ford, who witnesses said was shot in the back while lying on the ground. Despite massive protests, there has been no grand jury investigation to date, the autopsy report is yet to be released, and the LAPD has not completed its investigation.
In Oakland, California in the late 1990s, a unit of police officers dubbed the “Rough Riders” systematically beat, framed and planted narcotics on African Americans whom they claimed were dealing drugs. Four of the “Riders” were indicted by the District Attorney’s Office, and the trial was moved to a suburban county. The ringleader fled the country, and was tried in absentia.
After a year-long trial before a bitterly divided jury on which there were no blacks, the officers were acquitted of eight charges, and the jury was hung on the remaining 27 counts. At the urging of then-Mayor Jerry Brown, the officers were not re-tried.
Also in Oakland, in the early morning hours of New Years Day, 2009, a BART officer shot and killed a young black man named Oscar Grant, who was lying face down, unarmed, in a busy transit station. The shooting was videotaped, and led to militant protests in Oakland.
Another jury with no black members rejected the charge of murder and instead found the officer guilty of involuntary manslaughter. As a result, Oscar Grant’s killer spent less than a year behind bars. The Department of Justice subsequently opened a civil rights investigation, but no charges were brought.
From 2007-2012 in Milwaukee, a unit of white police officers, spurred on by the Department’s CompStat program of aggressive policing, stopped and illegally body cavity searched more than 70 African-American men whom they claimed to be investigating for drug dealing. In conducting these searches, most commonly performed on the street, the searching officer reached inside the men’s underwear, and probed their anuses and genitals.
After this highly illegal practice came to light, the unit’s ringleader, Michael Vagnini, was indicted by the Milwaukee County District Attorney on numerous counts of sexual assault, illegal searches, and official misconduct, while three of the other unit officers were also charged for participating in two of the searches. The unit’s sergeant and several other members of the unit, all of whom were present for many of the searches, were not charged.
The charged officers were permitted to plead guilty to the lesser included offenses of official misconduct and illegal strip searches, with Vagnini receiving a 36-month sentence while the other three received sentences that totaled, collectively, less than a month in jail. By pleading guilty, they also received promises that they would not be charged with federal civil rights violations.
Pattern and Practice Investigations
These high profile cases represent only the tip of the iceberg when it comes to cases where racist police violence has not been subjected to equal justice under the law.
Recently, the Justice Department declined to prosecute Little Rock, Arkansas, officers who shot and killed Eugene Ellison, an elderly African American man who was walking out of his home with a cane in his hand, while there have been documented reports of unarmed black men recently being shot down by the police in Chicago; Houston; San Antonio; Beaver Creek, Ohio; and Sarasota, Florida.
In 1994, the United States Congress, recognizing that police misconduct and violence was systemic in many parts of the country, passed 42 U.S. Code Section 14141, which empowered the Justice Department to file suit against police departments alleging patterns and practices of unconstitutional conduct, and to obtain wide ranging court orders, consent decrees, and independent monitors in order to implement reforms to those practices.
Although understaffed, the Pattern and Practice Unit of the Justice Department has attacked systemic and discriminatory deficiencies in police hiring, supervision, and monitoring in numerous police departments over the past 20 years. A particularly egregious act or series of acts of police violence often prompts the Unit to initiate an investigation, and its lawyers have obtained consent decrees or court orders in Cincinnati, Pittsburgh, Steubenville, Ohio, New Orleans, Puerto Rico, Oakland, and Miami.
Last month, lawyers handling the Little Rock cases requested that the DOJ do a pattern and investigation of the LRPD, and the Unit is reportedly now investigating the practices of the Ferguson Police Department. While these investigations are not a panacea, they offer a mechanism for exposing and reforming blatantly unconstitutional police practices, and have also demonstrated how pervasive the problem systemic police violence continues to be.
In light of this history, the pre-ordained failure of a biased local prosecutor to obtain an indictment against Darren Wilson should not surprise us. But the movement for justice for Michael Brown has brought widespread attention to the nationwide problem of systemic and racist police violence and highlighted the movement that has come together to battle against it.
Just two weeks ago, the Brown case, along with the Burge torture cases, was presented to the United Nations Committee Against Torture in Geneva. The movement should now turn its attention to the Department of Justice, demanding a federal civil rights indictment against Wilson, a full scale pattern and practice investigation of the Ferguson Police Department, and, more broadly, an end to systemic and racist police violence.
As the history of the battle against racist police violence so pointedly teaches, the public outcry and agitation must continue not only in Ferguson but across the nation. Because as Frederick Douglas rightly stated many years ago, power concedes nothing without a demand.