MD Activists Seek to Amend “Law Enforcement Officer’s Bill of Rights”

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 For a mother carrying the burden of injustice since 1999, Marion Hopkins is surprisingly cheerful. She had just testified at the State Senate Judicial Hearing. Her testimony and of others was heard by a full house and was organized by the Maryland Coalition for Justice and Police Reform (MCJPR).

After the death of Freddie Gray last year Maryland leaders, Senate President Thomas V. Mike Miller Jr. and House of Delegates Speaker Michael E. Busch promised changes in policing policy.

The American Civil Liberties Union (ACLU) of Maryland found in a recent report that of those killed in police encounters last year in Maryland, 81 percent were black and nearly half of them were unarmed.

“I’m really hoping this is a start for changing the culture of law enforcement in Maryland and ending police brutality and police misconduct,” said Larry Stafford Jr., executive director of the advocacy group Progressive Maryland. “We have an opportunity to lead the nation in taking on police misconduct and abuse.” 

In January, the Public Safety and Policing Work Group approved 22 recommendations aimed at restoring trust in law enforcement. 

Maryland has the most extreme “Law Enforcement Officer’s Bill of Rights” known by its acronym, LEOBR, in the country, according to activists.

As stated by the MCJPR, training, mental health evaluation, adoption of community policing, and whistleblower protections are all important and addressed by the leadership reform package (HB1016 and its SB1026). But amendments are needed, including to allow anonymous complaints and to allow civilians on trial boards that review brutality complaints. The coalition says that Maryland must take this historic opportunity to enact a system that achieves just outcomes.

The Aafia Foundation, a Muslim led human rights organization, joined in support of the coalition in Annapolis on February 23, 2016.

The powerful testimony of the Mothers for Justice was heard—all three of whom had their sons stolen from them by police brutality, part of a sorority to which they did not pledge.

Marion Gray Hopkins lost her son Gary Hopkins in 1999. He was 19, unarmed and shot in the chest in the parking lot of a fire station. She demanded whistle blower protection so systemic issues can be addressed. "If you know the truth and say nothing then you are a bad officer." She has being asking for justice for 17 years. "Don't let the blood of our children be on you."

"We don't trust the police," stated Greta Willis, who lost her son Kevin Al Cooper in 2006, a 14-year-old football player. "Mothers are tired of losing their sons to police who are their to protect and serve." She asked for the 5-day window that police officers get to be eliminated. "Our children may be gone but the mothers are here, we are the voices of our children."

Darlene Cain was wearing her son's face right above her heart on a T-shirt; she is the founder of Mothers on the Move, a support group for mothers who have lost children to police brutality. She travels across the country attending funerals of lost children. "That is all we have left photos on T-shirts of our kids."

Sen. Catherine E. Pugh said that, “there’s always room for improvement" and suggested eliminating a section in the legislation that would have given police unions broad sway over certain disciplinary hearings.

"The more we read this bill, the more we realized just how bad it is," Sen. James S. McAuliffe Jr., of Montgomery County, said. "This bill is a disaster."

Frank Boston III, a lobbyist for the Maryland Fraternal Order of Police, said that no changes are necessary to the “10-day rule” or any other aspect of the Law Enforcement Officers Bill of Rights. Looking at the beginnings of this controversial bill introduced in 1974, we find that it was the first of its kind in the country and came in response to a city police commissioner known for firing or suspending officers.

Baltimore delegates on behalf of officers in Baltimore, who feared the reach of then-Commissioner Donald Pomerlau, specifically pushed the bill. In fact, the state police and departments in Montgomery, Howard, Carroll and Frederick counties all asked to be exempted, the Baltimore Sun reported at the time.

Rev. Jamila Woods Jones (pastor the of Jabez Christian Community Church) testifying at the State Senate, demanded change. “This is not a new issue, we’ve been coming here for years, with the same issues, the same concerns. And while we’re happy that we’re moving forward, we want to acknowledge that there are some fatal flaws that must be addressed if we’re going to make this a truly transparent effort that is beneficial to everyone. … Now we’re calling on our legislators, we’re demanding that our legislators hear the cry of the people.  That’s all I have to say,” said Jones.

Reforms asked for by activists include providing local civilian review boards with subpoena power to question officers accused of misconduct and allowing civilians on trial boards investigating complaints and elimination of the 5-day window ‘that officers under investigation can use to manufacture their story’. They want to make sure officers can be immediately questioned about an incident, as long as they are not forced to answer and eliminate all the restrictions on who, how, and when a complaint of brutality can be filed. Anonymous complaints should always be allowed. 

“The agency would choose one member of the trial board, the police officer would choose one member of the trial board and then the police officer, this is the accused, would have to agree with the agency on the third,” said Garland Nixon, an ACLU of Maryland board member. To reduce the unfair advantage given to officers accused of brutality, activists also ask that officers being investigated should not choose who reviews their own brutality cases.

 The Maryland Coalition for Justice and Police Accountability includes: 32BJ SEIU, 1199 SEIU, African American Democratic Club of Montgomery County, American Civil Liberties Union of Maryland, NAACP, Amnesty International USA, Hollaback! Baltimore, Beats, Rhymes, and Relief, Black Church Center for Justice and Equality, CASA, City Bloc, Color of Change, Communities United, Council on American Islamic Relations, Empowerment Temple, Freddie Gray Project, Jews United for Justice, Justice League, Leaders of a Beautiful Struggle, Making Change, Maryland State Conference of NAACP Branches, Montgomery County Civil Rights Coalition, Montgomery County Young Democrats, Power Inside, Prince George’s People’s Coalition, Progressive Maryland, Showing Up for Racial Justice, Universal Zulu Nation, UUs for Liberation from Racism, and more.

 

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