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March 15, 2004
Mayor Anthony A. Williams
The John Wilson Building
1350 Pennsylvania Avenue NW
Washington D.C. 20004
Dear Mayor Williams:
I write to ask what actions you are taking in the wake of the findings
by the Council Committee on the Judiciary at the conclusion of its 9-month
investigation of the Metropolitan Police Department and the agency’s
handling of demonstrations in the District of Columbia over the last four
years. Your counsel, Corporation Counsel, and City Administrator have
received copies of the report. I enclose a copy.
Specifically, I would appreciate hearing at the earliest possible
opportunity what action you are taking in response to these conclusive
findings:
- The department’s insupportable exoneration of Investigator Patrick
Cumba for use of force during the January 20, 2001, inaugural parade,
and failures of the Department more generally in holding officers
accountable for misconduct. The MPD’s internal investigation of the
incident -- in which the officer aggressively and indiscriminately
used pepper spray on individuals, as captured in videotape in
possession of the Committee as well as MPD -- found the use of a
chemical agent to have been appropriate. I note that the Public
Broadcasting Service program, NOW with Bill Moyers, aired this
videotape nationally on March 5, 2004. The Committee recommends that
the incident be reinvestigated by an agency external to the MPD, and
suggests the Justice Department’s Inspector General.
- Deployment of undercover officers to infiltrate political
organizations in the absence of policy guidance. Chief Ramsey conceded
in testimony Decemer 18, 2003, that the Department needs policy
guidelines in this area but it is the understanding of the Committee
that such assignments continue to be made in the absence of policy
guidelines.
- Misrepresentations on the public record, contained in Council
Committee video and/or audiotape, by Chief Charles Ramsey and
Assistant Chief Alfred Broadbent. Specifically, Chief Ramsey testified
in public session on February 23, 2003, responding "no" to
the question of whether he was part of the decision to effect mass
arrests at Pershing Park on Sept. 27, 2002, and responding
"yes" to the same question in sworn testimony December 18,
2003. At your direction, Assistant Chief Peter Newsham was reprimanded
for the arrests made by MPD on September 27, 2002 on the assumption
that he was the command official responsible for the arrests. The
letter of reprimand states the reprimand is for "the failure to
give verbal warnings" as outlined in the Metropolitan Police
Department manual on mass demonstrations. In addition, both Chief
Ramsey and Chief Broadbent denied in sworn testimony that protesters
were "directed" into Pershing Park, also contradicted by
other sworn testimony and by after-action reports by officials. Chief
Broadbent repeatedly testified on December 17, 2003, that the
department "does not infiltrate" political organizations, a
statement contradicted by sworn depositions by former undercover
officers, cited in the report.
- Violations by the Department of current policies concerning
demonstrations contained in the Standard Operating Procedures for
Mass Demonstrations, Response to Civil Disturbances, and Prisoner
Processing. Your administration determined that Chief Newsham
violated these guidelines, prompting the reprimand cited above. The
report outlines additional violations including failure to issue
warnings prior to arrests at Vermont Avenue and K Streets NW as well
as at Pershing Park on September 27, 2002.
Thank you for your consideration and I would appreciate a timely
response.
Sincerely yours,
Kathy Patterson
cc: Robert Bobb, City Administrator
Robert Spagnoletti, Corporation Counsel
Leonard Becker, Counsel to the Mayor |