Out of control

Baltimore PD ‘routinely’ discriminates


BALTIMORE – Baltimore police routinely violated the constitutional rights of residents by conducting unlawful stops and using excessive force, according to the findings of a long-anticipated Justice Department probe released Wednesday.

On Wednesday, Police Commissioner Kevin Davis listens as Baltimore Mayor Stephanie Rawlings-Blake speaks during a news conference about the findings of the Justice Department. (KIM HAIRSTON/BALTIMORE SUN/TNS)
On Wednesday, Police Commissioner Kevin Davis listens as Baltimore Mayor Stephanie Rawlings-Blake speaks during a news conference about the findings of the Justice Department.

The practices overwhelmingly affected the city’s Black residents in low-income neighborhoods, according to the 163-page report. In often scathing language, the report identified systemic problems and cited detailed examples.

The investigators found that “supervisors have issued explicitly discriminatory orders, such as directing a shift to arrest ‘all the black hoodies’ in a neighborhood.”

Blacks profiled
They also found that Black residents were more likely to be stopped and searched as pedestrians and drivers even though police were more likely to find illegal guns, illicit drugs and other contraband on White residents.

Police practices in Baltimore “perpetuate and fuel a multitude of issues rooted in poverty and race, focusing law enforcement actions on low-income, minority communities” and encourage officers to have “unnecessary, adversarial interactions with community members,” the report said.

Catalyst for investigation
Launched after the death in April 2015 of Freddie Gray, a 25-year-old Black man, from spinal injuries suffered in police custody, the wide-ranging probe uncovered extensive problems with the way Baltimore officers do their job and police themselves, the report said.

Gray’s death, which triggered rioting captured on live television, was one of several recent killings of unarmed Black men by police across the country. The deaths have provoked a nationwide conversation about race, discrimination and police practices, and have exposed deep rifts between police and the communities they serve.

“We have to heal our city,” Mayor Stephanie Rawlings-Blake said at Wednesday’s news conference.

Among the Justice Department findings: Baltimore police too often stopped, frisked and arrested residents without legal justification, and such activities fell disproportionately on Black residents.

‘Zero-tolerance’ holdover
Federal investigators concluded that 1990s-era policies that encouraged more aggressive policing contributed to the discriminatory practices and that such measures are partly responsible for fraying the faith of city residents in their police force.

Although city and police leaders have disavowed “zero-tolerance” policing, it has continued on Baltimore’s streets as supervisors who came up through the ranks under the former policy have perpetuated it, according to the report, which focused on policing since 2010.

The report noted that officers recorded more than 300,000 pedestrian stops from January 2010 to May 2015. Roughly 44 percent were made in two small, predominantly African-American districts that contain 11 percent of the city’s population, and seven Black men were stopped more than 30 times each.

Black pedestrians were 37 percent more likely to be searched by Baltimore police citywide and 23 percent more likely to be searched during vehicle stops. But officers found contraband twice as often when searching White residents during vehicle stops and 50 percent more often during pedestrian stops, the report notes.

Gender bias
The report, which looked for practices that violate the Constitution or federal law, also found that gender bias might be affecting the Police Department’s handling of sexual assault cases.

“We found indications that officers fail to meaningfully investigate reports of sexual assault, particularly for assaults involving women with additional vulnerabilities, such as those who are engaged in sex work,” the report said.

Officers frequently used excessive force in situations that did not call for aggressive measures, the report said, and routinely retaliated against residents who were criticizing or being disrespectful of police for exercising their right to free speech and free assembly.

Needlessly aggressive
The report found that officers used excessive force against individuals with mental health disabilities or in crisis. Because of “a lack of training and improper tactics,” police ended up in “unnecessarily violent confrontations with these vulnerable individuals,” the report said.

It noted that officers used unreasonable force against juveniles as well, often relying on the “same aggressive tactics they use with adults.”

The investigation concluded that deeply entrenched problems were allowed to fester because the department did not properly oversee, train or hold officers accountable. For example, the report said, the department lacks systems to deter and detect improper conduct, and it fails to collect and analyze data that might root out abuses or abusers.

The report said the police department also lacks effective strategies for recruitment and retention.

A lack of adequate staffing meant “forcing officers to work overtime after long shifts, lowering morale, and leading to officers working with deteriorated decision-making skills.”

Court supervision coming
The Justice Department’s so-called pattern or practice review is expected to be the first step before reaching a court-enforced agreement that would hold the city accountable for making reforms and subject it to federal monitoring for years to come.

Preemptive actions
Anticipating what the Justice Department would discover, city officials have pushed forward on several fronts, revising the police department’s policy on use of force and instituting new training.

The police department also redesigned and placed cameras in its transport vans and introduced a new software platform to better disseminate new training materials and policies for officers. Both issues arose in the Gray case.

In the criminal prosecutions of the six police officers involved in Gray’s arrest and transport, three were acquitted at bench trials, and Baltimore State’s Attorney Marilyn J. Mosby recently dropped the charges against the three remaining officers.

The Justice Department is separately reviewing whether federal civil rights violations occurred. But the legal hurdles for bringing a federal case are higher than those faced by state prosecutors.

“We will continue our independent review of this matter, assess all available materials and determine what actions are appropriate,” Justice Department spokesman David Jacobs said in a statement.


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