ACLU wants broader investigation in Cranston Police Dept.


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RI ACLU Union LogoCalling the findings of the Rhode Island State Police (RISP) investigation into the Cranston Police Department likely the “tip of an iceberg,” the ACLU of Rhode Island urged the Cranston City Council to call for further investigations into police practices and possible abuses of power against individuals outside the department.

In a letter sent to city councilors Tuesday, ACLU of Rhode Island executive director Steven Brown noted that while the RISP report was thorough, it focused on a handful of discrete, and largely internal, matters. Further investigation is warranted, the letter argued, because “the public deserves to know whether the improper actions so thoroughly documented in this report were, somewhat incredibly, the only such abuses to take place, or whether there were other unknown victims of these violations of the public trust.”

Steve Brown
Steve Brown

According to the RISP report, former police chief Marco Palombo not only hired private investigators to conduct surveillance of two police officers, but also briefly spied on a contract civilian computer technician. That spying also entailed police improperly accessing a DMV database to obtain information about the technician. The ACLU letter notes that “if police misused their access to state databases for one political purpose, the reasonable question naturally arises whether this was the only time such databases were misused.” As for surveillance of civilians in addition to the technician, another city employee alleged she too had been the subject of police surveillance. Though the RISP report was unable to substantiate her suspicions, Brown noted that under the circumstances, her concerns “cannot be dismissed out of hand either.”

The ACLU’s letter also pointed to RISP findings that police officials “improperly sought” search warrants for phone records of two targeted employees, and that the affidavits “appeared to be misleading to the Court.” At about the same time, Brown noted, a Rhode Island judge, ruling in a completely unrelated criminal case, sharply criticized Cranston police for, among other things, submitting warrant affidavits that contained “false statements that were deliberate or made in reckless disregard for the truth.”  Many of the “dubious practices” cited by the Court, states the letter, “seem eerily similar to some contained in the State Police report.”

These examples lend credence to the possibility that the documented “questionable activities used against fellow officers may have seeped into police activities against non-officers.” As a result, the ACLU letter called it “essential that further investigations be conducted to see if any of these troubling, and potentially unlawful, practices were utilized against others in instances unrelated to Ticketgate and the internal power struggles examined by the report.

The ACLU noted, as the State Police did, that the vast majority of police officers in the Cranston Police Department should not be judged by the bad actions of a few. At the same time, the RISP findings “may represent part of a broader pattern of police misconduct that cannot and should not be ignored lest it unintentionally promote a culture of indifference to basic civil rights that may continue to sprout in other contexts.”

As a result, Brown urged the City Council to “demand answers as to whether the police department, with or without the knowledge of the Mayor, may have engaged in other questionable activities against city residents since 2009, whether it was through improper surveillance, misuse of state databases, or other questionable undertakings such as those that have now been documented.”

This piece is based on a RI ACLU press release.

People’s Pledge: Let’s give it a try

KerryWeldIn 1996 incumbent John Kerry and Governor William Weld were headed toward an epic showdown for the U.S. Senate in Massachusetts. Closely matched as candidates, they knew spending in their upcoming race could break records. In a novel twist the candidates themselves sat down and negotiated an agreement to limit the total amount that could be spent by the campaigns (including from their personal fortunes), their respective parties, and outside groups. They also agreed to a series of televised debates throughout the state. Although the spending caps broke down in the final days, the race was a watershed moment for campaign finance.

Fast-forward to 2012 and incumbent Senator Scott Brown reached out to challenger Elizabeth Warren (read the actual correspondence) and challenged her to enter a People’s Pledge. Modeled after the Weld-Kerry agreement it included limits on outside spending (it’s notable that no one is talking about limiting total expenditures any more—Citizens United changed the political landscape and dialogue). After significant back and forth, both candidates signed on and even sent notice to third party groups and TV stations that might run their ads, warning them to stay out of the race.

Common Cause Massachusetts reported that the 2012 People’s Pledge did a great job at minimizing outside money in the Brown-Warren race when compared to similar races that year. We know that outside spending is overwhelmingly negative, can come from undisclosed sources, and can be raised in unlimited amounts. In 2013 when the Gomez-Markey race did not have a pledge outside spending from right and left came flooding back in.

So here we are in neighboring Rhode Island looking at the prospect of a very expensive Democratic primary, followed by a very short, but quite-possibly expensive, general election for governor in 2014. Typically races for governor aren’t fought on the national issues that draws outside groups into Senate races but that may be different this time.

Common Cause Rhode Island would like to see all candidates for governor negotiate a People’s Pledge.  We mentioned the idea over a month ago when the first self-described Super PAC emerged.  Sam Howard wrote about the idea at length on RI Future soon after.  Quite frankly, we were waiting for the candidates to actually declare before we began to push for an agreement.

So now the cat is out of the bag.  As a non-partisan group that does not engage in electioneering it would be easy to just let the topic die.  We do not want to be seen as favoring any candidate over another.  But this is too important a topic.  Rhode Island deserves a campaign in 2014 that will focus on issues, not attacks. We deserve to know where the money that is backing the candidates is coming from. For those reasons we are asking the would-be candidates to meet and discuss this idea.

This won’t be easy.  Massachusetts has demonstrated that these agreements might take some time to work out, but that they can work.  Each candidate has strengths and weaknesses when it comes to campaign finance and the negotiations should address those.  As the Supreme Court dismantles limits on money in politics (and next it might be limits on contributions directly to candidates) we need to look to alternatives.  The People’s Pledge may be our best hope.  Let’s give it a try.