Chasing Justice - Addressing Police Violence and Corruption in Maryland
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Chasing Justice Addressing Police Violence and Corruption in Maryland Contents 5 Summary of Findings 6 Introduction 7 History 9 Race and Policing 13 Crimes by Police Chasing Justice Addressing Police Violence and Corruption in Maryland January, 2021 Joe Spielberger Public Policy Counsel American Civil Liberties Union of Maryland ACIU Maryland 3600 Clipper Mill Road Suite 350 Baltimore, MD 21211 Learn more and get involved: www.aclu-md.org 15 Baltimore City Data 27 Conclusion 28 Methodology 28 Legal Disclaimer “ A government which can protect and defend its citizens from wrong and outrage and does not is vicious. A government which would do it and cannot is weak; and where human life is insecure through either weakness or viciousness in the administration of law, there must be a lack of justice and where this is wanting, nothing can make up the deficiency. Frances Harper To those who have said “Be patient and wait,” we have long said that we cannot be patient. We do not want our freedom gradually, but we want to be free now! We are tired. We are tired of being beaten by policemen. We are tired of seeing our people locked up in jail over and over again. And then you holler, “Be patient.” How long can we be patient? We want our freedom, and we want it now. John Lewis “Speech at the March on Washington,” 1963 3 Chasing Justice: Addressing Police Violence and Corruption in Maryland Michael Brown › Tamir Rice › Elijah McClain › Eric Garner › George Floyd › Philando Castile › and Tony McDade Jason Harrison › Charles Kinsey › James Earl Green › Ben Brown › Phillip Gibbs › Amadou Diallo › Botham Jean › Breonna Taylor › Rayshard Brooks › Sandra Bland › Walter Scott › Hannah Fizer › Ace Perry › [He] wasn’t jaywalking. He wasn’t outside playing with a toy gun. He didn’t look like a “suspicious person.” He wasn’t suspected of “selling loose, untaxed cigarettes.” He wasn’t suspected of passing a counterfeit $20 bill. He didn’t look like anyone suspected of a crime. He wasn’t mentally ill and in need of help. He wasn’t assisting an autistic patient who had wandered away from a group home. He wasn’t walking home from an after-school job. He wasn’t walking back from a restaurant. He wasn’t hanging out on a college campus. He wasn’t standing outside of his apartment. He wasn’t inside his apartment eating ice cream. She wasn’t sleeping in her bed. He wasn’t sleeping in his car. She didn’t make an “improper lane change.” He didn’t have a broken tail light. She wasn’t driving over the speed limit. He wasn’t driving under the speed limit. – U.S. District Judge Carlton W. Reeves, Jamison v. McClendon, 2020 4 ACLU MD Summary of Findings From 2015 through 2019 in Baltimore, Maryland, » There were misconduct complaints filed against 1,826 individual Baltimore Police officers. » Ten percent of complaints were for false arrest or imprisonment. » 86 officers had complaints related to domestic violence. » There were 40 complaints of criminal association. » Six percent of BPD officers received approximately 33 percent of all complaints. » Only eight percent of external complaints, including resident complaints, were sustained. » Complaints by white residents were sustained at higher rates. » Complaints against Black officers were sustained at higher rates. » Officers remained on the force after sustained complaints of domestic violence, criminal sexual offenses, DUI, DWI, hit-and-run, and theft. » 91% of officers’ use of force was targeted toward Black residents. » Police officers used force twice as often in the majority Black Southwestern District, as in the majority white Northern District. » Less than 10% of force was used in self-defense or to make an arrest. » Most arrest charges after a use of force incident were low-level, non-violent charges. » More than 400 individual officers would have triggered a Phase 1 intervention under current BPD policy. » With a stronger warning system, BPD may have prevented up to 20.4% of complaints. » Recent legislative proposals by Annapolis lawmakers to reform the Public Information Act would allow public disclosure of between two and seven percent of all complaints in Baltimore City, which is not nearly enough. 5 Chasing Justice: Addressing Police Violence and Corruption in Maryland Introduction As of early 2021, the Baltimore Police Department (“BPD”) remains under a U.S. Department of Justice consent decree to reform its systemically racist, corrupt, and abusive practices. The city still reels from the fallout of the Gun Trace Task Force (“GTTF”) scandal, criminal cases are being vacated upon further investigation into old arrests, and the Baltimore City State’s Attorney’s Office maintains an internal list of police officers it has found to be discredited. Families across Maryland continue to mourn the senseless police killings of Freddie Gray and Tyrone West in Baltimore City; Christopher Brown, Korryn Gaines, and Emanuel Oates in Baltimore County; Anton Black in Caroline County; Robert White in Montgomery County; William Green, Gary Hopkins Jr., and Leonard Shand in Prince George’s County; and many others across the state. Meanwhile, police departments, police unions, state’s attorneys, and too many legislators are content to keep in place the culture of secrecy around officer misconduct that shields officers from accountability for wrongdoing. Although a few officers will undoubtedly continue to be arrested and charged with criminal behavior, countless others will escape responsibility, and be known as a danger only to those in the neighborhoods they patrol. Police officers are often asked to make split-second decisions, but they must do so in deference to Constitutional rights and the preservation of human life, and uphold the dignity and humanity of Black people. It is precisely because of the extraordinary power officers have – to lawfully kill and deprive us of our liberty – that they must be held accountable when they abuse their authority in the line of duty. At this moment, we are tasked with ending police violence that robs communities of Black lives – fathers and mothers, sons and daughters, brothers and sisters, parents and children, grandparents, neighbors, and cherished friends. To that end, we must do no less than fundamentally transform the abusive practices that fester throughout the legal 6 ACLU MD justice system, because anything less will fail to bring about real, lasting change. The problem is not a lack of solutions. The problem is a lack of political will and courage. As we reimagine policing, now is the time to act boldly. The purpose of this report is to examine 1 2 race disparities in different aspects of policing; 3 consequences of failing to hold officers and departments accountable. how police departments contribute to violence in the community and further distrust of both the legal justice system and internal disciplinary process; and Although police violence and misconduct are pervasive statewide, much of this report focuses on data analysis of individual officers in the Baltimore Police Department, from 2015–2019. This report seeks to better understand the scope of officer misconduct and use of force, and identify intervention points to not just reform police departments, but to change how policing is done. History On police violence and anti-Black vigilantism, author Tim Wise wrote, “Those who deny the racial angle…can only do so by a willful ignorance, a carefully cultivated denial of every logical, obvious piece of evidence before them, and by erasing from their minds…the entire history of American criminal justice.”i They must also necessarily disregard everything that Black people have said and the behavior that they continue to experience and witness firsthand. The roots of organized American policing lie not in preventing crime, but maintaining race- and classbased inequity by preserving wealth, controlling Black, Indigenous and People of Color and lowincome and working-class people, and enforcing segregation and white supremacy.ii Policing in this country began loosely – in the north with elected sheriffs and constables, and in the south with patrols of whites terrorizing Black people who were enslaved. The first organized police forces were established in the mid- to late-19th century to quash labor protests and actions by low-wage workers.iii But race, segregation, class, and police violence have been inextricably linked. Where Black communities successfully accumulated wealth on their own terms, police deputized lynch mobs to kill people and destroy businesses that threatened the white community’s control over the region’s capital.1 And it is only when popular uprisings threaten property damage, not just human lives, do militarized police move into American cities and lay siege like an occupying force.2 In 1963, Cambridge, Maryland police chief Brice Kinnamon infamously declared the city had no racial problems during the race riots between civil rights activists and police-backed segregationists that had engulfed the town.iv Four years later, the town erupted again during the unrest of 1967, as Black residents protested racist local laws and historic inequity. Almost fifty years after, Black Baltimoreans rose up in response to the police killing of Freddie Gray, after 1 See Tulsa Race Massacre of 1921. 2 See Watts Rebellion of 1965. officers took him for a “rough ride.” Shortly after, the U.S. Department of Justice released a scathing report exposing a long history of violence, racism, and corruption within BPDv – a history that city residents had claimed for generations – and brought the department under a federal consent decree. Governor Larry Hogan, however, has not prioritized addressing inequity imposed on the city – the root cause of the uprising – instead chastising Black residents about crime, declaring recently, “I want to know where is the outrage from the city—from the residents of the city—to say ‘enough is enough.’”vi The Governor’s failure or refusal to understand was predicted by the 1968 Kerner Commission Report: “What white Americans have never fully understood but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.”vii Not only did the report lay out the root causes of social unrest – lack of jobs and economic mobility, a broken education system, racism, white media, and police brutality and misconduct – but it also identifies the triggering event: Almost invariably the incident that ignites disorder arises from police action…precipitated by arrests of Negroes by white police for minor offenses.viii 7 Chasing Justice: Addressing Police Violence and Corruption in Maryland History The report got it right. The problem is that nobody in power listened, and too many have forgotten it, or choose to ignore it today. legislators went further, declaring, “A vote against the bill is a vote for the criminal element [and] a criminal act on your part.”x The bill passed easily. The violence and corruption within BPD were known long before the DOJ report, and well before the Kerner Commission, too. In 1965, before Donald Pomerleau became Baltimore Police Commissioner, he issued a report that “declared the Baltimore force to be among the nation’s most antiquated and corrupt, and characterized its use of force as excessive and its relations with the city’s black community as nonexistent.”ix The dangerous fallout was soon clear. In Howard County, the police chief abandoned a call for public disciplinary hearings. In Prince George’s (“PG”) County, after a pattern of police violence, state legislators amended LEOBR to prohibit the county’s human relations commission from accessing internal police misconduct files and investigating misconduct.xi This period of time also coincided with the PG County Police Department’s “death squad” – a group of detectives who planned, incited, and entrapped people in violent crimes resulting in multiple deaths.xii Unfortunately, the response of police departments and police unions across Maryland has been to protect themselves first, to the detriment of the communities they are supposed to serve. Despite the outrage of rising incidents of police brutality during the Civil Rights Movement, Maryland legislators passed the Law Enforcement Officers’ Bill of Rights (“LEOBR”) in 1973, the first of its kind in the country, and one of the most extreme, even today. At the hearing, the executive director of Baltimore’s police union pushed the narrative of cops as long-suffering victims, testifying that police have “no rights for themselves, no defense. A policeman is never advised of his rights because he has no rights.” Some 8 ACLU MD Despite this history, police reform has been illusory because of a fundamental misconception about policing: only a fraction of police work is responding to calls about criminal offenses, and even then, only 5 percent of arrests are for so-called violent crimes.xiii In practice, too much of police work consists of surveilling and targeting disproportionately Black and low-income people for low-level, non-violent offenses. Police budgets are spent on practices that criminalize poverty, and are often marked by fraud and abuse of the overtime system. And police have been entrusted to police themselves. Race and Policing Racial disparities have been widely documented nationwide in all aspects of policing and the legal justice system, including stops,xiv searches,xv use of force,xvi arrests,xvii charging,xviii pretrial detainment,xix plea bargaining,xx disposition,xxi and sentencing.xxii Black communities face the paradox of being both over- and under-policed, criminalized at higher rates than whites for petty offenses, without the protection they need against serious threats that police are supposed to provide. Like a schoolyard bully, our criminal justice system harasses people on small pretexts but is exposed as a coward before murder. It hauls masses of black men through its machinery but fails to protect them from bodily injury and death. It is at once oppressive and inadequate. – Jill Leovy, Ghettosidexxiii Traffic Stops and Searches Despite a prevalence of community-based policing, reducing police violence requires limits to rather than expansion of police presence in communities. Traffic stops are the most common police-resident encounter, one that most adults of all races have experienced, although the outcomes often differ by race. Maryland police officers in all jurisdictions stop and search Black motorists at disproportionate rates even though data show that white motorists are often more likely to possess contraband.xxiv While the total number of searches of all drivers increased between 2013 and 2017, searches of white drivers increased by 84 percent, while searches of Black drivers increased by 170 percent.xxv If we limit the number of armed officers responding to routine traffic stops, we can reduce the likelihood of death for Black residents who are grossly targeted, like in the police killings of Philando Castille and Sandra Bland. Arrests and Incarceration While Black people make up about 31 percent of Maryland’s population, they make up 52 percent of Marylanders in jailxxvi and 70 percent of Marylanders in prison.xxvii Mass incarceration is far from only an urban issue; rural counties, particularly Wicomico, Worcester, and Dorchester on the Lower Eastern Shore, incarcerate the highest number of their residents per capita.xxviii Pretrial detention, while 9 Chasing Justice: Addressing Police Violence and Corruption in Maryland Race and Policing decreasing in larger, urban jurisdictions like Baltimore City, continues to increase in smaller, more rural counties like Garrett County in Western Maryland.3 However, although the total incarceration rate in Maryland has recently begun to decline, the percentage of Maryland’s prison population that is Black remains the highest in the country, twice as much as the average state, and more than 25 percent higher than the second highest state, Mississippi.xxix Recent studies have found significant racial disparities in marijuana arrests in Baltimore City,xxx despite a decriminalization law enacted in 2014, as well as racial disparities in total police interactions in Montgomery Countyxxxi and in misdemeanor arrests in Prince George’s County.xxxii Officer Shootings From 2010 to 2016, police officers shot at people during 30 incidents in Baltimore County, 56 in PG County, and 81 in Baltimore City. Fatality rates of these shootings were 42 percent in Baltimore County, 29 percent in PG County, and 36 percent in Baltimore City. Black people were 87 percent of those shot at in Baltimore City, 47 percent in Baltimore County, and 87 percent in PG County.xxxiii Race of Victim in Police Shootings (fatal and non-fatal), 2010–2016 90 80 70 60 50 40 30 20 10 0 Baltimore City Baltimore County Prince George’s County ■ Black ■ white ■ other Vice News, “Shot by Cops and Forgotten” 3 10 ACLU MD From 2005 to 2015, pretrial detention decreased by 45 percent in Baltimore City, while increasing 30 percent in Garrett County. Race and Policing Killings Over the past 20 years, police in Maryland have killed more than 500 people.xxxiv From 2013 to 2019, police killed 128 people in 16 jurisdictions in Maryland.xxxv ■ Allegany (1) ■ Anne Arundel (9) ■ Baltimore City (31) ■ Baltimore County (27) ■ Caroline (1) Police Killings by County ■ Carroll (1) ■ Cecil (6) ■ Charles (2) ■ Frederick (5) ■ Harford (7) ■ Howard (4) ■ Montgomery (10) ■ Queen Anne (1) ■ Prince George’s (17) Washington (1) ■ Wicomico (4) Analysis from Mapping Police Violence Black residents make up 63 percent of those killed by police in Maryland, even though only 31 percent of Marylanders are Black. This percentage is the second highest percentage in the country,4 and fifth highest disparity of any state between percentage of the population and percentage of people killed.xxxvi Percentage of police killings that are Black residents ip pi si ss in ia M is el D Vi rg e aw ar k Yo r ew N Rh od e Is Je la rs nd ey s oi N ew ui Lo Ill in a an si an yl ar M D is t ric to fC ol um bi a d 100 90 80 70 60 50 40 30 20 10 0 Analysis from Mapping Police Violence 4 Only the District of Columbia has a higher rate, 88 percent. 11 Chasing Justice: Addressing Police Violence and Corruption in Maryland Race and Policing At least 18 percent of Maryland residents killed by police exhibited signs of mental illness. At least 22 percent were unarmed, 60 percent of whom were Black. Four percent were allegedly “armed” with a toy. The fact that someone may have been armed does not by itself justify killing them. The relevant question is not whether a person was armed but whether they posed a threat, and whether the officer had reasonable alternatives to ending their life. Government actors who shoot and kill at will directly subvert fundamental rights and the promise of American values. Violent Crime Clearance Rates Despite aggressive policing, police have an abysmal response record in solving serious violent crimes. The homicide clearance rate in Maryland has decreased from 94 percent in 1965 to just 42 percent in 2019.xxxvii A 2018 ProPublica study found low clearance rates for sexual assaults across four Maryland counties, and also shows how police departments pad clearance rates without making an arrest by liberally using an “exceptional clearance” categorization if they have enough evidence for an arrest but cannot do so for reasons outside their control.xxxviii This helps departments enhance the narrative that they are preventing violent crime, without actually making communities safer. RAPE CLEARANCE RATE BY COUNTY, 2016 County Total Clearance Rate Arrest Made Exceptional Clearance Rate Baltimore City 38% 25% 13% Baltimore County 68% 28% 39% Howard County 41% 15% 26% Montgomery County 83% 22% 61% ProPublica, “Could Your Police Department Be Inflating Rape Clearance Rates?” Furthermore, police departments in the two jurisdictions with the highest Black population, Prince George’s County (64 percent) and Baltimore City (63 percent), had the lowest homicide clearance rates in 2019, 56 percent and 31 percent, respectively.xxxix This presents the dangerous reality where the same institutions and individuals who terrorize Black communities are also deployed to protect them. The same often holds true for others who are vulnerable to police abuse, including immigrants,xl the LGBTQ+ community,xli and sex workers.xlii More aggressive policing is also associated with undermining the effectiveness of informal social control systems, that help keep communities safe.xliii Higher arrest rates and ordinary police violence hinder vulnerable communities’ ability to prevent harm, and routine police harassment deters people from reporting crimes or seeking help from police, because they view law enforcement as the greater threat. 12 ACLU MD Crimes by Police Addressing crime and improving public safety requires accounting for crimes committed by police officers themselves. From 2005 to 2011, police officers in Maryland were charged with 271 crimes in 18 counties and Baltimore City, including 138 crimes of violence.xliv However, officers are rarely convicted, and even a criminal conviction does not always result in employment discipline in the department. Discipline for Officer Criminal Convictions, 2011–2015 - ■ Terminated (67) Resigned (53) ■ Suspended Only (50) ■ No Discipline (5) ■ Analysis from The Henry A. Wallace Police Crime Database, Bowling Green State University Officers who were convicted of criminal offenses but received no internal discipline include Prince George’s County officers convicted of larceny and driving under the influence, and a Baltimore City deputy sheriff convicted of aggravated assault. The data omits, of course, the countless illegal police assaults, sexual assaults, and other violent crimes on the job for which they are never charged and are shielded from accountability by the Law Enforcement Officers’ Bill of Rights. 13 Chasing Justice: Addressing Police Violence and Corruption in Maryland Crimes by Police Transferring Agencies Even when a criminal conviction prompts an officer’s termination or resignation, they can often simply transfer to a different department. In 2012, Baltimore Police officer John King was forced to resign after he was investigated for sexual assault. He then moved to Utah and soon became chief of the Provo Police Department before being forced out after another sexual assault investigation. Utah officials were unaware of the Baltimore case, and said had they known, they would not have hired King.xlv A Yale research study found that three percent of officers in Florida had previously been fired by another law enforcement agency.xlvi A recent study in California identified 630 current officers who had criminal convictions over the past decade.xlvii In Maryland, open source research has identified several officers with criminal convictions who transferred to different agencies, and currently work as law enforcement officers, including in Frederick and Wicomico Counties. There is also no reliable way for the public to track officers who transfer to agencies in other states, like former BPD officer Eric Snell, who worked as an officer in Philadelphia when he was indicted for his involvement in the GTTF scandal. Decertification Of the 45 states that allow decertification, Maryland has ranked last since 1963, decertifying only four officers until 2019 when one of the officers involved in the killing of Anton Black was de-certified.5 During this time period, 26 states decertified more than 100 officers each, and five states decertified more than 1,000.xlviii 5 14 ACLU MD The police chief pled guilty to misconduct while in office after investigators discovered the officer’s application failed to disclose more than two dozen use of force complaints from his previous job in Delaware. Baltimore City Data In the wake of the consent decree, BPD agreed to provide Code for America’s Project Comport with five years of data about misconduct complaints, use of force incidents, and officer-involved shootings, from 2015 through 2019.xlix Use of Force From 2015–2019, there were 22,884 use of force incidents in Baltimore, showing both race- and district-based disparities. Black residents are approximately 63 percent of Baltimore City’s population, but are 90.7 percent of those against whom officers used force, while white residents experienced only 7.3 percent of all force used by officers. Use of Force Incidents by District 3000 2500 2000 1500 1000 500 rn W es te n es hw ut So So ut he te r rn rn as he ut So N or th N w or es te te er th st ea th or N rn n n er n st er Ea Ce nt ra l 0 Analysis of Project Comport data 15 Chasing Justice: Addressing Police Violence and Corruption in Maryland Baltimore City Data TYPE OF FORCE USED Officers’ Body (Hands, Fists, Feet, Knees) 58.8% Firearms 22.3% Taser/CEW 6 8.8% Forcible Takedowns 7.5% OC Spray/Pepper Spray 1.1% Tackling Without Injury 1.0% Analysis of Project Comport data The data show that people in Baltimore interact with police officers in very different, racialized ways. Residents in the “White L”7 of North and South Baltimore do not witness and experience firsthand close to the level of police violence as Black residents do in the “Black Butterfly”8 of East and West Baltimore. While some may assume racial disparities in force relate to increased levels of crime in neighborhoods, and that police must use force to protect themselves and others, officers actually cited self-defense and defense of others at low rates for why they used force. REASONS FOR OFFICERS’ USE OF FORCE Suspect Resistance/Combative Suspect 60.5% Gain Tactical Advantage 20.7% Defense of Others 6.3% Self Defense 5.1% Make an Arrest 4.3% Analysis of Project Comport data Only 40.9 percent of force incidents were from a 911 call for service. The types of arrests involved with force incidents also contradict the narrative that police are responding to serious crimes. The majority of arrests after a use of force incident are for low-level charges, which would include baseless charges to justify the force, or where the supposed offense occurred as a result of the force officers used. ARREST CHARGES AFTER USING FORCE CDS (Controlled Dangerous Substance) Violation 22.9% Second Degree Assault 11.8% Handgun Violation 9.2% Resisting Arrest 8.5% Assault on Police 7.6% Disorderly Conduct 4.6% First Degree Assault 4.2% Traffic Violation 3.4% Analysis of Project Comport data 16 ACLU MD 6 Conducted Electrical Weapon 7 Brown, Lawrence. (2016, June 28). Two Baltimores: the white l vs. the black butterfly. Baltimoresun. com. https://www.baltimoresun.com/citypaper/bcpnews-two-baltimores-the-white-l-vs-the-blackbutterfly-20160628-htmlstory.html 8 Ibid. Baltimore City Data Addressing community violence also requires examining the role that police play in sparking violence. While killings and high-profile incidents garner the most attention, the more routine, low-level incidents maintain the cycle of violence as well. Misconduct Complaints From 2015 to 2019, 13,392 complaints of misconduct were filed against 1,826 Baltimore City officers, even though as of December 2017, only 809 officers in total were patrolling the streets in BPD’s nine districts.l This includes complaints that are mis-categorized, under-reported, or plea bargained down by the officer in order to accept punishment for a lesser charge. Top Complaints Percentage of Complaints Conduct Unbecoming 12.9% False Arrest and/or Imprisonment 10.5% General Misconduct 8.7% Unnecessary and/or Excessive Force 7.7% Lawsuit Filed 6.7% Harassment 6.3% Analysis of Project Comport data Similarly, there was a significant range in the number of complaints by residents in neighborhoods with different racial demographics. Complaints by District, 2015–2019 1800 1600 1400 1200 1000 800 600 400 200 te es W es hw ut So ut So rn rn te rn he rn ea s So ut h th w N or N te te es th or st ea th N or rn n er n er er st Ea Ce nt ra l n 0 ■ Complaints by District, 2015–2019 Analysis of Project Comport data 17 Chasing Justice: Addressing Police Violence and Corruption in Maryland Baltimore City Data Trends in Number of Complaints, 2015–2019 1200 1000 800 600 400 200 0 2015 Q2 Q1 Q3 Q4 2016 Q2 Q1 Q3 Q4 2017 Q2 Q1 Q3 Q4 2018 Q2 Q1 Q3 Q4 2019 Q2 Q1 Q3 Q4 Trends in Complaints, 2015–2019 Analysis of Project Comport data Only a small percentage of total complaints is sustained, and complaints are sustained disproportionately depending on the source, race of complainant, and target of the complaint. Source of Complaint Percentage of Total Complaints Percentage of Sustained Complaints Rate Complaints are Sustained Ethics Board 7.5% 12.1% 21% Internal 17.4% 40.9% 30% 75.1% 46.9% 8% External 9 Analysis of Project Comport data Race of Complainant Total Complaints Rate of Complaints Sustained Black 73.2% 7.7% White 13.7% 12.4% Analysis of Project Comport data Race of Officer Total Complaints Rate of Complaints Sustained Black 44.5% 32.9% White 46.5% 22.9% Analysis of Project Comport data 469 individual BPD officers were the subject of at least one complaint of physical violence against a member of the public.10 Additionally, there were domestic violence-related complaints for 86 individual officers. There were 40 complaints of criminal association. Officers remained on the force after sustained complaints of domestic violence, criminal sexual offenses, DUI, DWI, hit-and-run, and theft. For example, Richard Pinheiro, convicted of fabricating evidence during a 2017 incident, was still a BPD officer as of 2020.li Overall, six percent of BPD officers received approximately 33 percent of all complaints. 18 ACLU MD 9 Includes complaints from city residents. 10 Assault, excessive force, unnecessary force, or domestic violence-related complaints. COMPLAINTS AGAINST BALTIMORE POLICE OFFICERS, 2015–2019 Officer Complaints Officer Wayne Jenkins 227 11 Luke Shelley Evodio Hendrix 164 Marcus Taylor 161 Daniel Hersl 130 Maurice Ward 119 Jemell Rayam Complaints Officer Complaints 28 Mark Gurbelski 18 David Crites 27 Stephen Halstead 18 Alexander Ames 26 Thomas Hodas, Jr. 18 Anthony Weems 25 Jason Leventhal 18 Clemmie Anderson 24 Rafiu Makanjuola 18 107 Betavia Elliott 24 David MacNeill 18 Steven Mahan 86 Frank Friend, Jr. 24 Phillip McMorris 18 Joseph Donato 66 Charles Thompson 24 Michael Nolan-Anderson 18 Calvin Moss 63 Adam Tondeur 24 Lonnie White, Jr. 18 Edward Creed 56 Arthur Williams 24 Devin Yancy 18 Momodu Gondo 56 Derick Allen 23 Nicholas Betz 17 Fabien Laronde 52 Scott Armstrong 23 Kevin Brown 17 Rashard King 50 Phoenix Frey 23 Bryan Chenowith 17 Benjamin Critzer 49 Sufian Hassan 23 David Ciotti 17 Charles Baugher 48 Denishia Jordan 23 Morgan Clasing 17 Courtney Wright 48 Sherrod Biggers 22 Orice Custis 17 James Klein 47 Aaron Dail 22 Gary Fanning, Jr. 17 Steven Foster 45 Ben Frieman 22 Johnta Gray 17 David Burch 44 Demario Harris 22 Darrell London 17 Erwin Scofield 42 Charles Manners 22 Jamil Shakir 17 Richard Guy 40 Keith Perry 22 Kurt Yourkovik 17 Sharod Watson 40 Leon Riley 22 Jason Zimmerman 17 Michael Mercado 38 Timothy Romeo 22 Bijay Ranabhat 16 Aisha White-Bey 37 Carl Ross 22 Aaron Cain 16 Christopher Lehman 35 Kenneth Sanchez 22 Jordan Distance 16 Ethan Newberg 33 Chris Sullivan 22 Deonte Duck 16 Joseph Wiczulis 33 Norman Jones 21 Kyle Gaskin 16 Scott Lawrence 32 Ian Meertens 21 Michael Jones 16 Brandon Smith-Saxon 32 Robert Messner 21 Supreme Jones 16 Richard Watts 32 Valentine Nagovich 21 Akeem Nelson 16 Ryan Hill 31 Ricardo Ojeda 21 Paulo Pereira 16 Robert Moorhead 31 Antonio Saunders 21 Brandon Sanchez 16 Rico Perry 31 Gabriel Barnett 20 Gregory Shuttleworth 16 James Craig 30 Anthony Casabona 20 Charles Smith 16 Bruce Dhaiti 30 Brandon Chambers 20 Christopher Amsel 15 John Gossett 30 Steven Angelini 19 Jacob Antignano 15 Dylan LaPorta 30 Alan Chanoine 19 Darius Carter 15 Hovhannes Simonyan 30 Taulant Halilaj 19 Nicholas De Jesus 15 Duane Williams, Jr. 30 Cody Holliday 19 Gregory Edleman 15 Shawn Fuksa 29 John Jaimes 19 Colin Harner 15 Ronald Rinehart 29 Tyler Scott 19 Thomas Kirby 15 Andres Severino 29 Laron Wilson 19 Brian Loiero 15 Joshua Hall 28 Jorge Bernardez-Ruiz 18 Thomas Mistysyn, Jr. 15 Clayton Leak 28 Jamal Brunson 18 Darryl Parker 15 Yolanda Nelson 28 Eric Dodson 18 Giusseppe Polanco Andres Rodriguez 28 James Edge 18 11 15 Analysis of Project Comport data Numbers of complaints for GTTF officers Jenkins, Hendrix, Taylor, Hersl, Ward, Rayam, and Gondo include complaints after they were indicted. However, in only the short period of time from January 2015 up until the 2017 indictments, Hersl, Rayam, and Jenkins received accumulated 40, 46, and 4711 complaints, respectively. 19 Chasing Justice: Addressing Police Violence and Corruption in Maryland Baltimore City Data COMPLAINTS SUSTAINED AGAINST BALTIMORE POLICE OFFICERS, 2015–2019 Officer Sustained Types of Sustained Complaints Complaints Rashard King 40 Discourtesy (7), False Arrest/Imprisonment (6), Assault (3), Firearms Regulations (3), Medical Leave Violation (2), DUI (1) Jemell Rayam12 38 False Arrest/Imprisonment (5), Theft (5), False Report (4), Harassment (3), Assault (1), Excessive Force (1), Reckless Driving (1) Wayne Jenkins 36 False Arrest/Imprisonment (6), Improper Stop/Search/Seizure (4), Theft (4), False Report (3), Harassment (3), Hit and Run (1), Racial Bias (1) Fabien Laronde 35 Assault (3), Theft (3) Daniel Hersl 34 Theft (4), False Statement (4), False Arrest/Imprisonment (3), Excessive Force (1) Erwin Scofield 26 Unnecessary Force (5) Carl Ross 22 Child Pornography (11) Duane Williams 18 Assault (4), Child Abuse (4), Excessive Force (1) Bijay Ranabhat 13 False Statement (4), Nonfeasance (4) Robert Mesner 12 Assault (3), False Arrest/Imprisonment (3), Malfeasance in Officer (3) Paulo Pereira 12 Improper Stop/Search/Seizure (3) Lonnie White, Jr. 12 False Statement (4), Nonfeasance (4) Calvin Moss 11 Abusive or Discriminatory Language (2) Steven Angelini 10 Inappropriate Comments (4) David Burch, Jr. 10 Vehicle Pursuit (1) Sherrod Biggers 10 Improper Stop/Search/Seizure (3) Damon Cephus 10 False Arrest/Imprisonment (2) Momodu Gondo 10 False Arrest/Imprisonment (2) Ezekiel Abdi 9 Failure to Supervise (3), Neglect of Duty (3) Jacob Antignano 9 Excessive Force (1), Unnecessary Force (1) Brandon Chambers 9 Neglect/Body-Worn Camera (4) Frank Schneider 9 Inappropriate Comment (3), Neglect of Duty (3) Adam Tondeur 9 Failure to Supervise (2), Neglect/Firearms Related (2), Neglect/Prisoner Related (2) Kyle Gaskin 8 Failure to Supervise (4), Neglect of Duty (4) Valentine Nagovich 8 DUI, DWI, Armed While Intoxicated, Negligent Driving, Failure to Stop for Police Vehicle Yolanda Nelson 8 Neglect/Body-Worn Camera (5) Alan Chanoine 7 Inappropriate comments, Profanity, or Gestures to a Departmental Member (3) Stephen Halstead 7 Neglect of Duty (5) Dylan LaPorta 7 Vehicle Pursuit (1), Unsafe Operation of Departmental Vehicle (1) Spencer Moore 7 Violation of Criminal Statute (2) Analysis of Project Comport data 12 20 Sustained complaints for Rayam, Jenkins, Hersl, and Gondo include complaints sustained after they were indicted. ACLU MD Baltimore City Data Not only are complaints sustained at low rates, but they are sometimes not sustained even when officers admit to the misconduct. On December 1, 2017, Sharod Watson lied on the witness stand by falsely claiming to have seen a defendant “on a daily basis” and witnessing him selling drugs, even though the defendant was already in jail at the time. On cross-examination, Watson admitted that his testimony was “factually impossible,” and the defendant was acquitted.lii The Baltimore Sun reported this incident to BPD on January 11, 2018, and a perjury complaint was lodged against Watson. On August 1, 2018, BPD closed its internal investigation into Watson’s perjury. The complaint was not sustained. BALTIMORE POLICE OFFICERS IN 90TH PERCENTILE FOR BOTH COMPLAINTS AND USE OF FORCE, 2015–2019 Officer Complaints Use of Force Incidents Benjamin Critzer 49 82 James Klein 47 Steven Foster David Burch, Jr. Erwin Scofield Officer Complaints Use of Force Incidents Charles Smith 16 113 46 Deonte Duck 16 75 45 44 Brandon Sanchez 16 72 44 55 Paulo Pereira 16 40 42 53 Gregory Edleman 15 92 Ryan Hill 31 41 Brian Loiero 15 90 Hovhannes Simonyan 30 120 Giusseppe Polanco 15 68 James Craig 30 76 Christopher Amsel 15 65 John Gossett 30 51 Thomas Kirby 15 47 Andres Rodriguez 28 99 Colin Harner 15 46 Luke Shelley 28 67 Jacob Antignano 15 43 Scott Armstrong 23 59 James Deasel 14 80 Leon Riley 22 63 Nicholas Yinger 14 76 Aaron Dail 22 40 David Colburn 14 65 Gabriel Barnett 20 50 Donald Waldron 14 61 Taulant Halilaj 19 51 Daniel Waskiewicz 14 47 Cody Holliday 19 45 Kevin Fassl 14 44 Jason Leventhal 18 93 Jeffrey Santos 13 55 Mark Gurbelski 18 52 Victor Villafane 13 55 Michael Nolan-Anderson 18 50 Tyler Sentz 12 62 Jamil Shakir 17 60 James Kostoplis 12 51 Kurt Yourkovik 17 51 Richard Whittaker 12 51 Analysis of Project Comport data 21 Chasing Justice: Addressing Police Violence and Corruption in Maryland Baltimore City Data COMPLAINTS OF VIOLENCE13 AGAINST BALTIMORE POLICE OFFICERS, 2015–2019 . Officer Number of Violent Complaints Officer Number of Violent Complaints David Crites 12 John Gossett 7 Joseph Donato 11 Michael Nolan-Anderson 7 Betavia Elliott 9 Andres Rodriguez 7 James Klein 9 Robert Moorhead 7 Derick Allen 8 Brian Loiero 7 Alexander Ames 8 Hovhannes Simonyan 7 Alan Chanoine 8 Anthony Casabona 6 Gary Fanning, Jr. 8 Brandon Chambers 6 Taulant Halilaj 8 Ben Frieman 6 Ronald Rinehart 8 Richard Guy 6 Aisha White-Bey 8 Rafiu Makanjuola 6 Charles Baugher 7 Robert Messner 6 Edward Creed 7 Andres Severino 6 Eric Dodson 7 Analysis of Project Comport data A 2019 study in Chicago found that officers who are partnered or in units with officers who have high numbers of excessive force complaints are more likely to receive such complaints themselves in the future.liii Contact-tracing research would help identify newer officers who are more at risk of causing harm because of working alongside seasoned officers with high complaint totals. BALTIMORE RISING “STARS”: NEW OFFICERS FASTEST TO THE MOST COMPLAINTS, 2015–2019 Officer Joined BPD Total Complaints Time Until 10 Complaints Arthur Williams May 2017 24 1 year, 3 months Christopher Valis April 2015 11 2 years, 0 months Brandon Smith-Saxon June 2016 32 2 years, 2 months Devin Yancy March 2017 18 2 years, 2 months Alex Young July 2017 10 2 years, 2 months Clayton Leak February 2017 28 2 years, 5 months Jacob Antignano April 2015 15 2 years, 6 months Gabriel Barnett November 2016 20 2 years, 8 months Nicholas Yinger March 2016 14 3 years, 2 months Anthony Taurisano April 2015 10 3 years, 2 months Wayne Adams, III April 2016 10 3 years, 3 months Luke Shelley February 2016 28 3 years, 8 months Joshua Cornelius March 2015 11 4 years, 3 months Derek Bristow March 2015 10 4 years, 7 months Terrell Howard January 2015 11 4 years, 8 months Analysis of Project Comport data 13 22 Assault, excessive force, unnecessary force ACLU MD Baltimore City Data Discredited Officers Baltimore City State’s Attorney Marilyn Mosby’s office recently compiled an internal list of more than 300 officers with “integrity” issues.liv While the list is not publicly available, and it is unclear how the list was compiled, from 2015–2019 there were at least 252 officers with complaints about credibility,14 not including 1,659 additional complaints for a false stop, search, strip search, vehicle search, arrest, or imprisonment. This also does not include officers with sustained complaints of false arrest whose arrests are still being prosecuted. The clear inclination of police departments to cover up the truth about misconduct shows why police chiefs and sheriffs are eager to support recent legislative proposals to supposedly reform Maryland’s Public Information Act: the proposals would only allow the disclosure of between two and seven percent of all complaints. Lower-level complaints – those hidden from view behind language of “general misconduct” and “conduct unbecoming,” brushed aside by officers, ignored by departments, and acknowledged only by the complainant and people they choose to tell – are just as corrosive to police-community relations as high-profile incidents. Incidentally, former Prince George’s County Police Chief Hank Stawinski, one of the main law enforcement negotiators for these proposals, was forced to resign earlier this year after a lawsuit brought by Black and Brown PGPD officers and an expert report that showed systematic racism, retaliation, and corruption in the PG County Police Department.lv Where BPD Officers Come From Only approximately 25 percent of BPD officers live in Baltimore City,lvi with the vast majority of officers with extensive records of misconduct coming from other counties. HOME COUNTIES OF BPD OFFICERS WITH THE MOST COMPLAINTS Residence Percentage of Officers with Most Complaints Residence Percentage of Officers with Most Complaints Baltimore County 31.3% Cecil County 2.7% Baltimore City 27.2% Howard County 2.7% Harford County 12.9% Queen Anne’s County 2.7% Anne Arundel County 7.5% Dorchester County 0.7% Pennsylvania (all counties) 6.8% Montgomery County 0.7% Carroll County 3.4% Wicomico County 0.7% Open source research and analysis of publicly available information Early Intervention System The Baltimore Police Department’s early intervention system [“EIS”] ostensibly flags for intervention officers who accumulate high numbers of adverse incidents and pose a greater risk to the community. Under its internal policy, the Department tracks excessive force complaints, misconduct allegations, preventable 14 Discriminatory policing, false information on search warrant, false probable cause statement, false report, false statement, lack of probable cause for warrant, misrepresentation of facts, perjury, planting evidence, race-based policing, racial bias, racial discrimination 23 Chasing Justice: Addressing Police Violence and Corruption in Maryland Baltimore City Data departmental accidents, substance abuse, domestic-related incidents, and any violations of departmental policy. Three or more EIS alerts within a 12-month period may trigger referral for a Phase 1 intervention.lvii In practice, this has proven to be inadequate at intervening with problematic officers. Akeem Nelson had a sustained DWI complaint in 2015, and remained on the force after subsequent complaints for excessive force, sexual misconduct, and theft, before he was arrested for a hit-and-run in March, 2020.lviii Leon Riley has had numerous complaints of false imprisonment, excessive force, abusive or discriminatory language, improper stop/search/seizure, as well multiple lawsuits before being charged again in August, 2020 for first degree assault, reckless endangerment, and misconduct in office.lix And Ethan Newberg, the highest-paid officer in Baltimore City, was indicted in late 2019 on 32 counts of harassing, intimidating, and wrongfully detaining residents over the course of several months.lx CURRENT BALTIMORE POLICE OFFICERS THAT EIS SHOULD HAVE FLAGGED, 2015–2019 Officer Triggering Incidents Subsequent Complaints After Triggering 15 Officer C.L. Theft, False Arrest, Improper Search, Harassment Excessive Force, Neglect/Firearms Related, Vehicle Pursuit, Unsafe Operation of a Departmental Vehicle, False Statement Officer B.D. Excessive Force, False Arrest, Criminal Misdemeanor Discriminatory Policing, False Imprisonment, Improper Stop Officer A.W. Criminal sexual misconduct, Harassment, Improper Stop/Search/Seizure Improper stop, Harassment, Unsafe operation of a Departmental vehicle Officer D.J. Abuse of Authority, Harassment, Retaliation Retaliation Officer L.R. Excessive Force, Abusive or Discriminatory Language, Improper Stop Excessive Force, Abusive or Discriminatory Language, False Arrest, Harassment, Retaliation Officer D.H. Excessive Force, False Arrest/Imprisonment, Harassment Excessive Force, Theft Officer J.D. Excessive Force, Improper Search, Failure to Write Report False Imprisonment, Improper Stop, Sexual Misconduct, Unsafe Operation of a Department Vehicle Officer C.H. Excessive Force, False Imprisonment, Improper Stop/Search/Seizure Excessive Force, False Arrest, False Imprisonment, Improper Search, Improper Stop, Planting Evidence Officer N.Y. Excessive Force, Improper Stop/Search/ Seizure, Failure to Report Use of Force False Arrest/Imprisonment, Improper Stop/Search/ Seizure, False Statement/Report, Theft Officer R.O. False Arrest/Imprisonment, False Statement/ Criminal Misdemeanor, False Statement/ Report, Harassment, Improper Stop/Search/ Untruthfulness, Neglect of Duty Seizure Officer J.J. Abusive or Discriminatory Language, Harassment, Improper Stop/Search/Seizure False Arrest/Imprisonment, Harassment, Planting Evidence Officer E.N. Abusive or Discriminatory Language, Excessive Force, False Statement Abusive or Discriminatory Language, Excessive Force, False Arrest, Harassment, Vehicle Pursuit Officer C.B. Excessive Force, False Arrest/Imprisonment, Harassment Excessive Force, False Arrest/Imprisonment, Harassment, Theft Officer G.B. False Arrest/Imprisonment, Harassment, Improper Stop/Search/Seizure False Imprisonment, Harassment, Improper Search, Theft Officer J.C. Harassment, Improper Stop/Search/Seizure, Theft Excessive Force, False Imprisonment, False Statement, Harassment, Improper Search, Theft Analysis of Project Comport data 15 24 The dispositions of these complaints are unknown, and the data was published before the deadline for the Department to complete its investigation. ACLU MD Baltimore City Data Overall, more than 400 individual officers should have triggered at least a Phase 1 intervention under BPD’s policy. At the time of this writing, it is unclear how many interventions that BPD has conducted, which undermines accountability. With a stronger warning system, as well as more accountability by allowing release under the Public Information Act of records concerning police misconduct under the BPD, approximately 20.4% of complaints may have been prevented from mid2018 to end of 2019. Financial Impact Not only do officers use force and commit misconduct at exorbitant rates, they also earn an excessive amount of money doing so. BALTIMORE POLICE OFFICER SALARY AND OVERTIME, 2015–2019lxi Officer Complaints Average Annual Salary Average Annual Overtime Total Pay 2015–2019 18 $83,215 $119,216 $1,012,152 Thomas Mistysyn, Jr. 15 $110,531 $101,194 $992,309 Ethan Newberg 33 $97,639 $94,279 $959,588 Rafiu Makanjuola Steven Mahan 86 $82,818 $85,993 $844,053 Courtney Wright 48 $65,936 $73,905 $841,051 David C. Jones 14 $85,168 $81,881 $835,244 Frank Friend, Jr. 24 $88,999 $70,953 $799,760 Chris Sullivan 22 $78,442 $77,151 $777,963 Ronald Rinehart 29 $79,977 $72,614 $762,954 Billy Shiflett 12 $92,654 $50,757 $717,056 Courtney Wright 48 $65,935 $73,905 $699,202 Aaron Cain 16 $77,324 $59,424 $683,739 Daniel Martin 9 $90,269 $46,152 $682,103 Phillip McMorris 18 $88,597 $44,189 $663,924 Edward Creed 56 $84,082 $44,951 $645,063 Richard Guy 40 $71,866 $56,042 $639,539 Joel Hawk 14 $82,186 $39,487 $639,066 Keith Perry 22 $85,168 $41,264 $631,359 David Crites 27 $88,502 $35,526 $631,063 Scott Lawrence 32 $72,557 $52,032 $622,947 Analysis of BPD Watch, Open Justice Baltimore In addition to salaries and overtime, Baltimore continues to spend millions of dollars settling lawsuits against BPD officers. As of October 2020, Baltimore had paid out $18.4 million to settle lawsuits just from 2015–2020, one of the highest amounts of any American city.lxii In November 2020, the city agreed to pay out more than $10 million in additional funds to settle GTTF lawsuits.lxiii Recent settlements for non-GTTF officers range from $2,500 to $135,000.16 In addition to settlement costs, Baltimore taxpayers are also funding countless hours that attorneys in the Baltimore City Law Department and outside firms work and bill while representing these officers. 16 Analysis of the Baltimore City Law Department website and open-source research 25 Chasing Justice: Addressing Police Violence and Corruption in Maryland From the time of the GTTF indictments in 2017 through the end of 2019, Baltimore police officers continued accumulating the same complaints as the GTTF officers: 918 complaints of false arrest or imprisonment 464 complaints of excessive or unnecessary force 14 complaints of planting evidence 173 complaints of theft IT IS ONLY THE NAMES THAT CHANGE. THE CYCLE CONTINUES, UNINTERRUPTED. 26 ACLU MD Conclusion While the movement to reimagine policing grows stronger, many police officers and departments continue to demonstrate their indifference to the suffering of Black and Brown residents who they claim to serve. And there is no real incentive for them to change. A 2020 survey of BPD police officers conducted by the Commission to Restore Trust in Policing garnered few responses, even with assurances of anonymity. But of the officers who did respond, 9 percent reported observing fellow officers committing theft or overtime fraud, selling or using drugs, planting evidence, or engaging in other criminal misconduct, and 35 percent agreed that it would be “easy for an officer who engages in criminal misconduct to go undetected,” suggesting a lack of faith of rank-andfile officers in BPD leadership.lxiv While chiefs and departments may try to shift the blame to avoid acknowledging their own complicity, they either know or should have known that so many of their officers have routinely engaged in criminal misconduct and brutality. Greensboro Police Chief Michael Petyo, who hired the officer who killed Anton Black, should have known he was taking a risk and listened to Black residents who protested the hiring. PGPD Chief Stawinsky should have known he was managing a corrupt department that mistreated Black and Brown officers and community members. And every Baltimore Police Commissioner in recent history knew or should have known about the GTTF officers and their equally culpable predecessors in plainclothes units. Whether it is due to a lack of reliable data, taking too many risks on dangerous officers, the white supremacist culture of policing, or simply indifference, law enforcement leaders have proven themselves unable or unwilling to make necessary changes. Whether moved to act by the unacceptable loss of Black lives, or the denigration of Constitutional principles of freedom and personal liberty that should be for all people, we should distrust those authorized with so much power over our lives, do everything we can to limit the scope of that power, and reallocate it to communities so that they can focus on real solutions that might finally end the cycle of violence. The moral cowardice Tim Wise wrote about can be directed at police chiefs, sheriffs, officers, and their unions; and states’ attorneys, prosecutors and the entire criminal legal apparatus: “They must choose to leave the dots unconnected between black men whose names – were I to list them – would take up page after page, and whose names wouldn’t mean shit to most white people even if I did list them, and that is the problem.”lxv 27 Chasing Justice: Addressing Police Violence and Corruption in Maryland Methodology In 2020, Project Comport published online five years of data from the Baltimore Police Department that had been de-identified. Over the course of many months, I cross-referenced the data of misconduct complaints, use of force incidents, and officer-involved shootings with Maryland Judiciary Case Search, Baltimore City Law Department records, Baltimore City employee data, Baltimore Sun and other newspaper articles, social media posts, and other publicly available sources. Using probabilistic matching, I identified the names of individual officers involved in these incidents, linked their names to their misconduct records over this period, and confirmed an officer’s identity in the databases through multiple incidents in different years. These lists are not inclusive, and for the officers listed, represent only their histories over the five-year period from 2015–2019. For officers with longer careers, these numbers likely represent only a fraction of their records. There are also additional complaints and use of force incidents during this time period that were unidentifiable because they were not assigned an officer’s identifying number. Legal Disclaimer By including an officer’s name, this report does not imply that the officer has committed a crime, or that the officer committed the offense for which the complaint was filed if it is not listed as sustained. The identification of an officer as involved in a use-of-force incident does not imply that the use of force was unlawful or unjustified. This analysis comes primarily from data provided by the Baltimore Police Department. This report does not guarantee the accuracy of that data. The author commits to being honest about any errors, transparent in the analytical process, and welcoming of any critiques or evidence to the contrary. 28 ACLU MD Endnotes i Wise, Tim. (2013, July 14). No Innocence Left to Kill: Racism, Injustice, and Explaining America to My Daughter. Timwise. org http://www.timwise.org/2013/07/no-innocence-left-to-killracism-injustice-and-explaining-america-to-my-daughter/ ii Vitale, Alex. (2017). The End of Policing. Verso Books. iii Mitrant, Sam. (2015, January 6). The Police Were Created to Control Working Class and Poor People, Not ‘Serve and Protect.’ Inthesetimes.com. https://inthesetimes.com/article/ police-and-poor-people iv Levy, Peter. (2018). The Great Uprising: Riots in urban America during the 1960s. Cambridge University Press. v U.S. Department of Justice. (2016, August 10). Investigation of the Baltimore City Police Department. https://www.justice. gov/crt/file/883296/download vi Hellgren, Mike. (2020, September 16). Gov. Larry Hogan meets with Baltimore leaders as shootings https://baltimore. cbslocal.com/2020/09/16/gov-larry-hogan-meets-with-baltimoreofficials-on-city-violence/ vii Report of the National Advisory Commission on Civil Disorders. (1968). p.1. accessed at: http://www. eisenhowerfoundation.org/docs/kerner.pdf viii Ibid. at 93. ix Simon, David. (1991). Homicide: A year on the killing streets. Page 15. Houghton Mifflin Harcourt x Fenton, Justin. (2016, February 23). A brief look at how the Law Enforcement Officer’s Bill of Rights was passed. BaltimoreSun.com https://www.baltimoresun.com/maryland/ bal-a-brief-look-at-how-the-maryland-law-enforcement-officersbill-of-rights-was-passed-20160223-story.html xi xii xiii Tan, Rebecca. (2020, August 29). There’s a reason it’s hard to discipline police. It starts with a bill of rights 47 years ago. Washingtonpost.com. https://www.washingtonpost.com/ history/2020/08/29/police-bill-of-rights-officers-disciplinemaryland/ Feinstein, John & Meyer, Eugene L. (1979, February 11). 1976 slayings by P.G. police squad probed. Washingtonpost. com. https://www.washingtonpost.com/archive/ politics/1979/02/11/1976-slayings-by-pg-police-squadprobed/90037a7e-0080-4bd6-bd37-67529757331e/ Speri, Alice. (2019, January 31). Police make more than 10 million arrests a year, but that doesn’t mean they’re solving crimes. Theintercept.com https://theintercept.com/2019/01/31/ arrests-policing-vera-institute-of-justice/ xiv The Stanford Open Policing Project. Findings. https:// openpolicing.stanford.edu/findings/ xv Ridgeway, Greg. (2007). Analysis of racial disparities in the New York Police Department’s stop, question, and frisk practices. Rand.org. https://www.rand.org/pubs/technical_ reports/TR534.html xvi Edwards, Frank, Lee, Hedwig, & Esposito, Michael. (2019, August 19). Risk of being killed by police use of force in the United States by age, race-ethnicity, and sex. Pnas.org. https://www.pnas.org/content/116/34/16793; Fryer, Jr., Roland G. (2016, July). Analysis of racial differences in police use of force. Law.yale.edu. https://law.yale.edu/sites/default/files/area/ workshop/leo/leo16_fryer.pdf xvii Hinton, Elizabeth, Henderson, LeShae, & Reed, Cindy. (2018, May). An unjust burden: the disparate treatment of black americans in the criminal justice system. Vera.org. https:// www.vera.org/downloads/publications/for-the-record-unjustburden-racial-disparities.pdf xviii Sommers, Samuel R. & Marotta, Satia A. (2014). Racial disparities in legal outcomes: on policing, charging decisions, and criminal trial proceedings. Policy Insights from the Behavioral and Brain Sciences, Vol. 1. https://journals. sagepub.com/doi/pdf/10.1177/2372732214548431 xix Sawyer, Wendy. (2019, October 9). How race impacts who is detained pretrial. Prisonpolicy.org. https://www.prisonpolicy. org/blog/2019/10/09/pretrial_race/ xx Equal Justice Initiative. (2017, October 26). Research finds evidence of racial bias in plea deals. Eji.org. https://eji.org/ news/research-finds-racial-disparities-in-plea-deals/ xxi Owens, Emily, Kerrison, Erin M., Da Silveira, Bernardo Santos. (2017). Examining racial disparities in criminal case outcomes among indigent defendants in San Francisco. Law.upenn.edu. https://www.law.upenn.edu/live/files/6793examining-racial-disparities-may-2017-full xxii The Sentencing Project. (2018, April 19). Report to the United Nations on racial disparities in the U.S. criminal justice system. Sentencingproject.org. https://www.sentencingproject. org/publications/un-report-on-racial-disparities/ xxiii Leovy, Jill. (2015, January 27). Ghettoside: A true story of murder in America. One World. xxiv Southern Coalition for Social Justice. OpenDataPolicing.com xxv OpenDataPolicing.com. xxvi Vera Institute of Justice. (2019, December). Incarceration trends in Maryland. Vera.org. https://www.vera.org/ downloads/pdfdownloads/state-incarceration-trends-maryland. pdf xxvii Justice Policy Institute. (2019, November). Rethinking approaches to over incarceration of black young adults in Maryland. Justicepolicy.org. http://www.justicepolicy.org/ uploads/justicepolicy/documents/Rethinking_Approaches_to_ Over_Incarceration_MD.pdf xxviii Incarceration trends in Maryland. xxix Rethinking approaches to over incarceration. xxx Baltimore Sun Editorial Board. (2019, January 3). More blacks still arrested for marijuana charges. Baltimoresun.com. https://www.baltimoresun.com/opinion/editorial/bs-ed-0103african-americans-marijuana-arrests-20190102-story.html 29 Chasing Justice: Addressing Police Violence and Corruption in Maryland Endnotes xxxi Iannelli, Nick. (2020, July 29). ‘Wide’ racial disparities discovered in Montgomery Co. police stops. Wtop.com. https:// wtop.com/montgomery-county/2020/07/racial-disparitiesfound-in-montgomery-county-police-interactions/ xxxii Mettler, Katie. (2020, October 23). Black people are arrested for misdemeanors at disproportionately higher rates, study shows. Washingtonpost.com. https://www.washingtonpost. com/local/public-safety/disproportionate-misdemeanorarrests-prince-georges/2020/10/23/f3baf4d4-130f-11eb-bc1040b25382f1be_story.html xxxiii xxxiv Fatal Encounters. Fatalencounters.org. xxxv Sinyangwe, Samuel. Mapping Police Violence. Mappingpoliceviolence.org. xxxvi Mapping Police Violence. xxxvii Murder Accountability Project. Clearance rates: uniform crime report for homicides: 1965-2019. murderdata.org xxxviii Groeger, Lena V., Fahey Mark, & Greenblatt, Mark. (2018, November 15). Could your police department be inflating rape clearance rates? Projects.propublica.org. https://projects. propublica.org/graphics/rape_clearance xxxix Clearance rates: uniform crime report for homicides. xl Theodore, Nik. (2013, May). Insecure communities: Latino perceptions of police involvement in immigration enforcement. Policylink.org. https://www.policylink.org/sites/ default/files/INSECURE_COMMUNITIES_REPORT_FINAL. PDF xli xlii xliii xliv 30 VICE News. (2017, December 10). Get data on nonfatal and fatal police shootings in the 50 largest U.S. police departments. Vice.com. https://news.vice.com/en_us/article/ a3jjpa/nonfatal-police-shootings-data Agostini, M. Saida. (2018, December). Pushing back: a blue print for change: lessons learned from the 2016 needs assessment of LGBTQ Marylanders. Freestate-justice.org. https://freestate-justice.org/wp-content/uploads/2019/03/ Pushing-Back-A-Blueprint-for-Change.pdf Footer, K. H. A., Park, J. N., Allen, S. T., Decker, M. R., Silberzahn, B. E., Huettner, S., Galai, N. & Sherman, S. G. Police-related correlates of client-perpetrated violence among female sex workers in Baltimore City, Maryland. Ncbi.nlm.nih.gov. https://www.ncbi.nlm.nih.gov/pmc/articles/ PMC6336048/ Schuck, Amie M. (2019, September 2). Examining the community consequences of arrests for low-level criminal activity. Journal of Community Psychology, Vol. 48. https:// onlinelibrary.wiley.com/doi/full/10.1002/jcop.22238 xlv Ramseth, Luke & Miller, Jessica. (2017, August 2). A month before he led Provo police, Baltimore paid $24K to settle a sex assault against John King. Sltrib.com. https://www.sltrib. com/news/2017/08/01/sex-assault-allegations-against-provosformer-police-chief-not-the-first/ xlvi Lalwani, Nikita, & Johnston, Mitchell. (2020, June 16). What happens when a police officer gets fired? Very often another police agency hires them. Washingtonpost.com. https://www. washingtonpost.com/politics/2020/06/16/what-happens-whenpolice-officer-gets-fired-very-often-another-police-agency-hiresthem/ xlvii Lewis, R., Debolt, D., Paladino, J., Rusch, K., Du Sault, L., & Defazio, Al. California’s criminal cops: who they are, what they did, why some are still working. Ocregister.com. https:// www.ocregister.com/2019/11/10/californias-criminal-cops-whothey-are-what-they-did-why-some-are-still-working/ xlviii Kelly, John, & Nichols, Mark. Search the list of more than 30,000 police officers banned by 44 states. Usatoday.com. https://www.usatoday.com/in-depth/ news/investigations/2019/04/24/biggest-collection-policeaccountability-records-ever-assembled/2299127002/ xlix Project Comport. Code for America. Projectcomport.org l Baltimore Police Department. (2018, August). Baltimore Police Department Staffing Study. Baltimorepolice.org. https://www. baltimorepolice.org/resources-and-reports/staffing-study li Rector, Kevin. (2020, March 9). Caught fabricating evidence, convicted Baltimore police officer remains on force 2½ years later. Baltimoresun.com. https://www.baltimoresun. com/news/crime/bs-md-ci-cr-pinheiro-appeal-20200309ze3hkbq7vrfcfdnaeixx3rjqvu-story.html lii Rector, Kevin. (2018, January 18). A Baltimore police officer was caught giving false testimony in court. He’s still on the job. Baltimoresun.com. https://www.baltimoresun.com/news/ crime/bs-md-ci-watson-white-case-20180117-story.html liii Woodward, Aylin, & Mark, Michelle. (2020, June 3). Research shows there are at least 6 proven ways to reduce police brutality – and 2 strategies that don’t work. Businessinsider. com. https://www.businessinsider.com/research-basedmethods-of-reducing-police-violence-2020-6 liv CBS Baltimore. (2019, December 3). Marilyn Mosby flags 305 officers for ‘integriy’ issues: GTTF investigation has no time, money limits. Baltimore.cbslocal.com. https://baltimore. cbslocal.com/2019/12/03/mosby-flags-305-officers-for-integrityissues-gttf-investigation-has-no-time-money-limits/ lv Davies, Emily & Chason, Rachel. (2020, June 18). Prince George’s County police chief Hank Stawinski resigns. Washingtonpost.com. https://www.washingtonpost.com/local/ public-safety/prince-georges-police-chief-hank-stawinskiresigns/2020/06/18/c402fb94-b11a-11ea-8758-bfd1d045525a_ story.html lvi Investigation of the Baltimore City Police Department. Henry A. Wallace Police Crime Database. Bowling Green State University. https://policecrime.bgsu.edu/Home/Map ACLU MD Endnotes lvii Baltimore Police Department. (2018, May 30). Policy 1707: Early intervention system. Baltimorepolice.org. https://www. baltimorepolice.org/1707-early-intervention-system lviii Anderson, Jessica. (2020, March 2). Two Baltimore police officers charged after hit-and-run in Baltimore County. Baltimoresun.com. https://www.baltimoresun. com/news/crime/bs-md-ci-cr-officer-hit-and-run-20200302srnjsaniibfg7dovvvfzlnyqra-story.html lix Prudente, Tim. (2020, August 27). ‘You choking me, sir’: Baltimore police officer charged with assault, misconduct over forceful arrest captured on video. Baltimoresun.com. https://www.baltimoresun.com/news/crime/bs-md-ci-cr-leonriley-arrested-20200827-eorxtlj2x5b3fikekqntfr6gyy-story.html lx Rector, Kevin. (2019, December 12). Baltimore police sergeant charged with assault now indicted on 32 more counts; ‘pattern of harassment alleged.’ Baltimoresun.com. https:// www.baltimoresun.com/news/crime/bs-md-ci-cr-newbergindicted-20191212-nm5kvghikrbofgir7pd4fzzkzy-story.html lxi Open Justice Baltimore. BPD Watch. Bpdwatch.com. lxii Calvert, Scott, & Frosch, Dan. (2020, October 22). Police rethink policies as cities pay millions to settle misconduct claims. Wsj.com. http://www.wsj.com/articles/policerethink-policies-as-cities-pay-millions-to-settle-misconductclaims-11603368002 lxiii Fenton, Justin. (2020, November 18). Baltimore approves more than $10 million in new police settlements. Washingtonpost.com. https://www.washingtonpost.com/local/ public-safety/baltimore-approves-more-than-10-million-innew-police-settlements/2020/11/18/cf0b1362-29e4-11eb-9b14ad872157ebc9_story.html lxiv Fenton, Justin. (2020, September 28). Baltimore police officers largely refused to respond to survey on their views of misconduct, discipline, GTTF commission says. Baltimoresun.com. https://www.baltimoresun.com/news/crime/ bs-md-ci-cr-gttf-commission-misconduct-survey-20200928n5z6linro5eqrpwsrxtbotvj64-story.html lxv Wise. No Innocence Left to Kill. 31 Chasing Justice: Addressing Police Violence and Corruption in Maryland 3600 Clipper Mill Road Suite 350 Baltimore, MD 21211 www.aclu-md.org