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FD-350 1 (Rev. 5·8·81)<br />

•<br />

••<br />

(Indicate page, name of<br />

newspaper, city and state.)<br />

PERSPECTIVE ON POLICE<br />

(Mount Clipping in Space Below)<br />

LAPD Furor Calls for<br />

Broad, Special Probe<br />

Date: LOS ANGELES TIMES<br />

Edition: ~"lED • lfJ.A:R 2 0 , 1991<br />

METRO SECTION, PAGE 7<br />

Title: LAPD FUROR CALLS FOR<br />

BROAD, SPECIAL PROBE<br />

Character: CIVIL RIGHTS<br />

or<br />

Classification:<br />

8 O _ 3 3 B<br />

Submitting Office:<br />

LOS ANGELES<br />

An independent panel could<br />

restore public confidence and<br />

recommend ways to make the<br />

chief accountable.<br />

By WILLIAM R. ROBERTSON<br />

and RONALD A. DiNICOLA<br />

I<br />

n 1970, a police officer named Frank<br />

· Serpico .came forward With reports<br />

of widespread graft and corruption<br />

in the New York Police Department.<br />

Frustrated by the failure of his superiors<br />

to act on his reports over a period of<br />

years, he finally took his story to the<br />

New York Times. <strong>The</strong> story stunned the<br />

nation as the charges of police corruption<br />

and subsequent deparnmental<br />

shake-ups became front-page news<br />

·across the country.<br />

New York Mayor John Lindsay soon<br />

announced the formation of an independent<br />

commission, a "citizens' group,"<br />

to be chaired. by federal Judge Whitman<br />

Knapp, at the time a Wall Street lawyer,<br />

and including Cyrus Varice and other<br />

prominent New Yorkers. Its task was to<br />

review the city's procedures for investigating<br />

corruption.<br />

<strong>The</strong> Knapp Commission had a great<br />

and positive psychological impact on the<br />

public. Various attempts to deny it<br />

funding, to limit its subpoena power or<br />

to otherwise frustrate its mandate failed.<br />

When city funds eventually ran out,<br />

'federal funds allowed it to complete its<br />

work. It conducted its own investigation ·<br />

.that extended to the systemic causes.and<br />

nature of police corruption and therefore<br />

went beyond the scope of grand<br />

jury proceedings. Its public hearings<br />

were an important and tangible symbol<br />

to the community. Over time, the commission<br />

came to be viewed on a local and<br />

national level as a forum with integrity.<br />

,. In determining the . appropriate re-:<br />

sponse to the crisis facing the Los<br />

Angeles Police Department, it is necessary<br />

to see beyond the day Chief Daryl<br />

Gates holds office. With or without<br />

Gates, important questions need to be.<br />

answered if we are to make meaningful<br />

progress in finding a long-term solution<br />

to the problem of police brutality. <strong>The</strong><br />

deep emotional fissures in the community<br />

dictate that these questions be presented<br />

and resolved in· a 'formal .and<br />

·public manner. <strong>The</strong> formation of something<br />

similar to the Knapp Commission<br />

would be one way of dealing with this in<br />

a comprehensive· fashion.<br />

We s_tronr!l:V recmpmend that ~ayor<br />

Tom Bradley form such an investigative·<br />

body, granting it a mandate that in-<br />

• eludes investigating specific instances of<br />

police harassment and brutality, the<br />

· institutional causes of any pattern of<br />

harassment and brutality that may be<br />

found to eXist, and the jssues.-of public<br />

accountability and tenure of the chief of<br />

• police. An inves~igative commission<br />

· would represent to the nation an~ the<br />

community a bold response by local<br />

·government to the need for accountabil.­<br />

~ty within our police department. Amer.:.<br />

ica is watching as Los Angeles decides<br />

whether and to what exteqt a democrat-·<br />

ic society can place so important a state'<br />

function as chief of police beyond the;<br />

reach of elected civilian government.<br />

Neither the grand jury process nor the.<br />

Plice Commission is the appropriate'<br />

forum in which to address these issues.;<br />

<strong>The</strong> · grand jury's scope is generally;<br />

restricted to investigations of specific.·<br />

criminal actions and it conducts its.<br />

business in secret. An investigative··<br />

commission would not be so restricted:<br />

lnd . CHED·--~ INDEXEQ,__ __ 1<br />

SERIALIZED._...,.,,..,._ fiLEQ~----1<br />

MAR 2 :7 1991<br />

t e resources nor the tiiri<br />

Hie ype o :w required.<br />

In addition, it might present a<br />

confliCt .of interest to have such an<br />

investigation carried out by the very<br />

body responsible for helping to manage<br />

. the department. .<br />

<strong>The</strong> mere formation of an investiga-<br />

'<strong>The</strong> Police Commission .<br />

has neither the resources nor<br />

, ..: ·· the time ~o engage in the<br />

. type of detailed investigation<br />

required.'<br />

tive · commission would have several<br />

positive effects. It would focus attention<br />

on identifyJng and implementing long-.<br />

term structural change within the de­<br />

'J)artment. It would permit the develop-<br />

- rrient of a comprehensive factual record<br />

regarding allegations of police misconduct<br />

and mismanagement. And it would<br />

provide insight into the .manner in<br />

which the City Charter should be<br />

changed .to ,ensure that the chief of<br />

police is made more accountable to the<br />

·public.<br />

<strong>The</strong> highest law-enforcement priority<br />

in a democratic society is protecting the<br />

public from civil-rights violations carried<br />

our under color of law. Forming an<br />

investigative commission is a necessary<br />

first step in satisfying this priority. It<br />

would be important for LOs Angeles, for<br />

the country and for civil rights.<br />

William R. Robertson is the executive<br />

" and, more important, it would provide a• secretary-treasurer of the Los Angeles<br />

public forum and a measure of commu-: County Federation of Labor, AFL-CIO;<br />

nity participation. With all respect to . Ronald A. DiNicola is a lawyer and<br />

the Police co~ission, it has neithi/

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