officers - The Black Vault

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conviction. For example. federal jury pools are drawn from
federal judicial disnict.4l, which iU'e often more ethnically und
demographically diverse than state pools. If in a state trial
Jurors were excluded !iolely because of their race. retrial by 11
fedcmll court may be appropriate •. Other considerations have
included the different rul~ of evidence in t~deral trials. addi~
donal ~vidence available ro iedefal pros.ecutots, and flawed
trial Utcdcs or wetlk prosecutions by local authorities. Any of
these tnctors mny enter the Depunment of Justice's analysis of
th~e Simi Valley ver~llcr.
It ill also important to recognize that not aU state prosecutions
of police officers are conducted competently, legitimmely,
. and in good faith. In 1990. for irtstance; an elected county
prosecutor in Arkansa.o; charged the county sheriff w hh assault
only ufter it becrune apparent that. despite local et'fons to thwart
the investigation, the Department of Justice intended to
pros~cute him for beating a suspect in his custody. Upon
reviewing the trial. federal prosecutors beatl.me suspicious
of the 1oc~d prosecution: The prosecutor had not subpoenaed
es~ential witnesses. had ignored entire lines of evidence, and
had presented unconvincing arguments for conviction. To-no
one's surprise, th~ jury votl}d to acquit.
In iiuch a case. to argue that ·•double jeopardy" should
prevent the federal government from conducting an independent
prosecution is to tlrgue for a system that allows local
corruption to ·!oiuccessfully thwart justice. It is to argue for a
system where tm Americ;Qn's constitutional right to be free from
the abuse of state authority Is secured only by that same
authority. The federal jury convicted the Arkansas sheriff and
he wa,.:; sentenced to prison.
Even when tht local jury convicts. unvinoicated federal
interests can remain. State judges often give convicted police
officers light sentences. So~fthese putlishment.liare legitimnte:
others arerft. By contra.'«. federal convictions for civil-rights
offenses can lead to prison !ientences of many years and fines
totaHng thousands of dollars .. Whcm law officc:rs violate civil
rights. probazion, suspertded sc::ntences, or evcm minimal jail time
may not constitute a sufficient punishment or detenent.
Not too long ago, a San Juan police officer was convicted
of aggravated assault by the Commonwealth of Puerto Rico.
He had intentionally beaten an innocent pedestrian who was
out far an evening stroH. The pedestrian died from the ~uting.
The presiding judge fined the officer $500. and he was subsequently
reinstated. Such a sentence sends a message to other
officers that civil·righls violations are not serious orfcn.~s.
even when those violations lend to the death of un Innocent
person, The officer was prosecuted in fedeml court, convicted
of a felony, and senteneed to prison.
This example underscores the n~~d for inck:pendent federal
enforcement of civil-rights laws. The fedeml governrnent must
be able to secure constitution~! rights to life und Uberty.
especially when loc:ul authoritie:~ fuil to do so. Constilutionnl
protections apply equally. wh~ther you're in Louisiana, Los
Angeles, or Alaska: these protections certainly include the
right to be fairly tried before being subjected to severe
!punishment by ~gents of the stnte. Civil libertarians need to
lrec:ogrtize that federal prosecution of Jaw.enforcemen~ ofwho
use excessive force often provides the only check
such unrc:~stmined state power. r:l -
G. R()ggewum is .~MilJrlitigatloJI atwrne,\'ftJr thf! Jnstitllte
Justice in Wt~shingum. D. C.
JUL 20 '92 18:18
PAGE.004
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