G20 - Police oversight

Oversight - noun
1) the action of overseeing something
2) an omission, the failure to do something

Dorian Barton was taking a picture of police horses in the park at the G20 summit in downtown Toronto last summer when he was suddenly knocked to ground from behind with a riot shield, beaten with a baton breaking his shoulder, and stomped in the face. He was then dragged off by his broken right arm and detained without medical treatment for the first five of a total of 30 hours in detention, after which he was charged with "obstructing a police officer". The Crown dropped the charges against him at the same time it dropped all the bullshit charges against everyone else.

Ontario's Special Investigations Unit, the civilian agency charged with investigating "police actions resulting in serious injury, sexual assault or death", is reopening for the third time an investigation into allegations the Toronto police officer pictured here was one of seven who took part in the vicious assault on Barton. The photographer who took this pic is willing to testify he saw the officer blindside Barton with his shield and strike him as he lay on the ground before other officers joined in. He has provided seven photos of the assault.

SIU dropped its two previous investigations into the case in January because eleven police witnesses, one of whom was the officer's G20 roommate and two of whom were his supervisors, declined to identify him. SIU director Ian Scott reopened it today after Toronto Police Chief Blair promised to provide the name of the employee who was able to identify the subject officer.

WTF?
I'm pretty sure if me and six of my friends were caught on film beating the crap out of you, the cops would not drop the case because my boss and my roommate declined to cough up my name to go along with my photo.

According to the Ontario Attorney General to whom the SIU reports, the SIU exonerates the officer in 97% of the cases it does pursue :

"The fact that the SIU overwhelmingly clears officers should be seen by the [public] as an endorsement of good policing."

However, in Oversight Unseen, a 2008 report on the SIU, Ontario Ombudsmen André Marin saw it differently :

"[T]he Ministry of the Attorney General has relied on the SIU to soothe police and community sensibilities and to ward off controversy. But in doing so, it has also overstepped the bounds of independent governance. The Director’s performance is subjectively evaluated and rewarded, compromising the SIU’s structural integrity and independence.

Its credibility as an independent investigative agency is further undermined by the predominant presence and continuing police links of former police officials within the SIU. It is so steeped in police culture that it has, at times, even tolerated the blatant display of police insignia and police affiliation."

[T]he SIU often ... adopts an impotent stance in the face of police challenge. Delays in police providing notice of incidents, in disclosing notes, and in submitting to interviews are endemic. Rather than vigorously inquiring into and documenting delays and other evidence of police resistance, the SIU deals with issues of police non-co-operation as isolated incidents.

Police interviews are rarely held within the regulatory time frames, and are all too often postponed – for weeks, sometimes even months. The SIU will not inconvenience officers or police forces by interviewing officers off duty. When it encounters overt resistance from police officials, the SIU pursues a low-key diplomatic approach that flies under the public radar. If disagreement cannot be resolved, the SIU more often than not simply accepts defeat."

"The SIU more often than not simply admits defeat." Good lord.

The current SIU director Ian Scott was appointed just before that report came out.
In February the Toronto Star ran a series based on 300 letters Scott sent to police forces over a 14-month period beginning in January 2009. They detail "his mounting frustration at not being able to hold officers accountable", including the burning of evidence before he got to see it, and being generally ignored by the Ontario police forces.
Presumably this is why he is giving interviews about this case to the press, despite the fact SIU Regulation 13 forbids it.

Rally in Toronto on Saturday for a public inquiry into G20 police riots

Meanwhile, out here in BC, the local media was pleased to bits last week to report that in response to Justice Braidwood  recommendations following from the police killing of Robert Dziekanski in 2007, we will be getting our own civilian police-oversight agency modelled on the SIU. And just like the SIU, the Independent Investigations Office will also report to BC's Attorney General, not the Ombudsman as Braidwood had wisely suggested.

Greg Klein at TheStraight :

[I]t was the AG’s Crown attorneys who exonerated the four Mounties involved in Dziekanski’s death. That was what led to Braidwood’s inquiry in the first place.

It gets worse. The government added that incidents or complaints involving IIO staff will be investigated by B.C.’s Office of the Police Complaint Commissioner. Almost all senior positions at the OPCC are staffed by former police officers.

An exception is police complaint commissioner Stan Lowe. But Lowe is a former Crown attorney and member of the criminal justice branch executive management that unanimously decided to exonerate the four RCMP officers involved in Robert Dziekanski’s Taser-related death. It was Lowe who made the infamous December 2008 announcement that the five Taser shocks inflicted on Dziekanski were “reasonable and necessary".

And so it goes ...
.

Dziekanski's death his own fault apparently

Robert Dziekanski's death was not only pretty much his own fault, but he probably would have dropped dead right there in the Vancouver airport even if the mounties and their TASERs™ had never shown up.

No really. It's all there in Stan Lowe's "Criminal Justice Branch Clear Statement" : the cause of death was

"a hysterical fear of flying, lack of sleep over a 30-hour period, and dehydration, which would have placed him at increased risk for Sudden Death Following Restraint."

What?
"Three forensic pathologists concluded that Dziekanski did not die as direct result of a cardiac arrest brought on by the electric shock from the stun guns," no, instead the pathologists concluded "Dziekanski likely died as a result of cardiac arrest linked to Sudden Death Following Restraint." Capitalized.

Tell me more about this new capitalized medical condition, Mr. Lowe of the criminal Justice Branch.

"Sudden Death Following Restraint usually involves individuals who are restrained after exhibiting combative and bizarre behavior. As a result, said the report, cases often involve law enforcement personnel."

Gosh that's kind of like that other now completely disgraced medical condition - excited delirium - isn't it? In what way are law enforcement personnel "involved"?

Well, after stun gunning Dziekanski five times, and handcuffing his hands behind his back as he lay on the floor, "The force included Corporal Robinson pushing his knee/shin down in the shoulder/neck area of Mr Dziekanski." At which point "Mr. Dziekanski appeared to go limp and become unconscious", in which state he remained, while no one attempted to resuscitate him for 11 minutes, until the paramedics showed up and couldn't find a pulse.

Stan Lowe at Friday night's press conference (because bad or improbable government news is always released on a Friday night) : None of the four RCMP officers involved will face criminal charges because :

"the available evidence falls remarkably short of that standard."

Remarkably. And their actions, according to another RCMP expert :

"represented a reasonable escalation and de-escalation of force"

One thing the "Clear Statement" is very very very clear about though : none of this can be blamed on the TASERs™, even if there have been subsequent reports of them discharging at 30 times the stated rate.
Fine, let's take TASERs™ out of the equation then - I don't give a shit about the TASERs™ - which only serve to operate as a smokescreen for everything else that's wrong here.
An RCMP officer kneeling on some handcuffed guy's neck/shoulder until he passes out, standing around while he dies, and then the justice system helping him get away with it - that's what's at fault.

Bonus bullshit : In addition to the three un-named pathologists, "Two medical experts in the area of Addiction Psychiatry and Alcohol Related Disease also reviewed the case."
And they came up with .. wait for it ... possible alcohol withdrawal as an explanation.
Poor guy can't catch a break with this inquiry - when the autopsy shows no alcohol in his blood, even that is used against him.

And although the apparently hysterically afraid-of-flying Dziekanski spent 20 hours on planes that day, a year later RCMP investigators were unable to come up with any report regarding his behavior on the flights.
They did however go all the way to Poland to dig up dirt on him :

"RCMP officers who went to Poland to talk to people close to Robert Dziekanski seemed focused on finding negative things about him, says one of those interviewed.
"What kind of person was he, was he a drinker, drug user? Was he aggressive?" she said through a translator. "Most questions were to expose him as not a nice human being -- not to find out what kind of person he really was."
Kosowska said she was left with a poor opinion of the RCMP after two officers questioned her for more than three hours. "I'm appalled by everything .
. . including the fact the policeman was not able to look me straight in the eye."

So you won't be surprised to hear that a good portion of Stan Lowe's 19 minute press conference and CBC's subsequently crappy TV coverage carried considerable conjecture as to whether Dziekanski was crazy or a drunk.

It is also noted in the statement that Mr. Dziekanski picked up a stapler in an "open hand" manner, causing the officers to hit him the first three times with a TASER™ within 25 seconds of entering the room. As someone wrote in the 665 comments under the CBC story : if a stapler is such a lethal weapon, maybe we should be arming the RCMP with them instead.

Yesterday's post : No charges for RCMP who killed Dziekanski