"At a time when the District government is $500 million in the hole, allow me to suggest a quick way to slash $.2.6 million: 86 the OPC.

Born in the day when police were often accused of roughing up citizens, OPC is now redundant in an age of excessive scrutiny of cops."

Jaffe's column, written on May 12, essentially parrots the complaints forwarded from Kristopher Baumann, the D.C. Police union chief. It's Baumann's job to advocate for the rank and file; he does great work on behalf of his fellow officers. But Jaffe's job is to actually report accurately the facts, and formulate an independent opinion based on those facts. In this case,  Jaffe didn't even bother to interview anyone at the OPC.  Instead, he actually writes that the police do a good job of investigating their own.

Fortunately, the OPC's budget had zero chance of being eliminated. While Mayor Adrian Fenty had proposed cuts to the OPC, Councilmember Phil Mendelson restored the funds.

The OPC's standing was such that it didn't matter that the Examiner's columnist got his facts wrong.

In a letter-to-the-editor, OPC Executive Director Phil Eure writes in the May 26 Examiner:

"The next time that Harry Jaffe wants to propose that the D.C. Office of Police Complaints be eliminated, he should get his facts straight. Mr. Jaffe claims that the office issued only 'zero decisions' so far this year. The correct number is 172. He claims that last year, the office issued six decisions. The correct number is 338.

He further claims that the office is 'redundant' because it only gets a case after the Metropolitan Police Department has investigated and federal prosecutors have declined to prosecute. Actually, the police department does not investigate citizen complaints filed with our agency, and federal prosecutors only review complaints involving excessive force allegations — a very small fraction of the total number we receive.

Mr. Jaffe credits the Fraternal Order of Police's 'well-argued' letter to judiciary committee Chairman Phil Mendelson for making the case to 'ax' the office. Assuming that he is relying on the union's letter for the wrong statistics he cites, neither he nor the FOP has made a very good case to do away with independent police review in Washington, D.C."

“We are pleased with the settlement," says plaintiffs lawyer Carl Messineo. "It’s a historic settlement and it’s actually a fair deal for the District."

Legal Times reported this may be the largest payout in the U.S. for wrongfully arrested protesters. The two Pershing Park cases are still pending; AG Peter Nickles has promised to settle those lawsuits by Thanksgiving.

The case, Becker vs. D.C., revolved around wrongful arrests during the the anti-globalization demonstrations as well as the controversial police raid on the convergence center where groups were making gazpacho—not bombs or pepper spray as the police officials complained.

The Becker case also included individuals who had sat in a street already closed by D.C. Police. They had linked arms in such a way rendering them useless. D.C. cops had charged at them and beat them with batons. The activists suffered broken noses and head wounds as a result.

Messineo recalls the scene he uncovered through the lawsuit: "A [police official] shouted 'let’s do it!' and the officers charged off the bus, their badges and nameplates removed. They took the batons and smashed them into the faces of people who’s arms were immobilized. They suffered broken noses, broken teeth."

Like the Pershing Park cases, Messineo says, the Becker case had serious discovery problems.

He adds that as part of the monetary settlement, the District agreed to train all of its officers on the proper way to police demonstrations within 120 days of the settlement's approval. The city also agreed to attach a D.C. police officer to any outside agencies that are policing protests in the District. The liaison would ensure that the outside force complies with city law, specifically the bill developed as a result of the Pershing Park controversy—the First Amendment Rights and Police Standards Act of 2004.

The Office of Police Complaints had recently filed a report concerning police actions during demonstrations and found that outside agencies could still be a problem. The complaints board stated in a press release:

"PCB is concerned, however, about action taken by federal law enforcement officers who assisted MPD.  Because the Act does not apply to federal officers, they handle demonstrations differently from MPD, even when assisting with protests on District-controlled public space.  PCB believes this double standard has the potential to undermine accomplishment of the goals of the First Amendment Assemblies Act.

Based on its review of the April 2009 demonstration, PCB recommends that the District, through the combined efforts of the Mayor, the DC Council and the MPD Chief, seek to obtain federal law enforcement agencies’ voluntary compliance with the First Amendment Assemblies Act when assisting MPD officers with protests on District-controlled public space."

IN CASE YOU MISSED IT—"Councilmember Barry: What Did Sharon Bowen Actually Do?"

Morning all. First, local legendary singer Eddie Daye passed away late last week. Our own music blog has posted a sweet tribute to the man and his talents. He was 78. Key graph: "While those online and crate-digging fans may cherish copies of his obscure singles (some of which have been reissued on cd), I will just keep my memories of those fun late nights out seeing him sing bluesy soul and my conversations with him about his musical career and his take on 50 plus years of r’n’b history."

SUMMER FINALLY COMES TO D.C.: The heat is upon us; today, temps are expected to climb into the triple digits. WTOP reports that the District is opening up several cooling centers and extending hours at area pools. WJLA and NBC4 also has a story on the heat wave. AP has another story, this one one the opening up of a new aquatic center in Tenleytown.

A MUST READ FROM COLBY KING: On Saturday, Colbert King published an eye-opening column on disorderly conduct arrests by D.C. Police officers. Citing records from the Office of Police Complaints, King produces a few stunning accounts of police abusing "disorderly conduct" charges against District residents. One of the many key graphs: "Residents are arrested in D.C. for disorderly conduct in large numbers: nearly 5,000 in 2007, more than 4,200 in 2008 and 4,469 this year as of Aug. 5. Many are probably arrested for good reasons: noise violations, blocking public spaces, etc. But, as in the Gates arrest, some busts never make it to court."

FENTY'S DRIVING RECORD: WaPo cites several sources critical of Mayor Fenty's insistence on driving himself to various ribbon cuttings, press conferences, etc. Nikita Stewart notes in her lengthy piece that no other big city mayor drives themselves around. Key quote: "I think it's curious that he's driving himself," said D.C. Council member Phil Mendelson (D-At Large), chairman of the Committee on Public Safety and the Judiciary. "Why not have the security detail . . . when you have an accident like this past week?" Outside experts from other cities say security should be a top priority, and we're not paying Fenty to drive around, we're paying him to make decisions and think critically about the city's needs—we don't want him spending his time worrying about getting across town.

AFTER THE JUMP: More revelations on the Metro front, Jonetta sticks up for AG Peter Nickles, and much, much more.

HAWK ONE: The ubiquitous private security firm is trying to save its District contracts, the Examiner's Michael Neibauer reports. Expect some kind of media blitz by Hawk One managers to save their contracts. A bit of news in this story: "Ward 6 D.C. Councilman Tommy Wells, a former school board member, said he wanted to consider hiring security officers as employees of the city government, rather than as private contractors."

METRO PROBLEMS: Here's some quick links. WaPo continues to be all over this story. The crash system failed in June during a near crash: "The crash-avoidance system suspected of failing in the recent deadly accident on Metro's Red Line malfunctioned three months earlier, when a rush-hour train on Capitol Hill came 'dangerously close' to another train and halted only after the operator hit the emergency brake, newly obtained records show." AP follows up. Metro's oversight panel has little sway, WaPo reports. Key graph: "The committee has no direct regulatory authority over safety and cannot order Metro to make changes. It has no employees of its own and no dedicated office, phone or Web site. It borrows space for its monthly meetings, which officials said no member of the public has ever attended." WaPo also reports that a Metro worker died Sunday after being struck by a piece of track equipment.

Jonetta Rose Barras stands up for AG Peter Nickles. This is one of the more phoned-in columns I've seen in a while. Key graph: "He has aggressively defended the city against lawsuits, saving taxpayers tons of money. He has protected citizens against corporations and individuals who have attempted to rip them off or deny them their rights. His office battled CareFirst over its alleged failure to invest profits in the health care of low-income people. He jacked up slum landlords and private companies scamming black churches. He pushed for improvements in Child and Family Services and, with the council, defended the city’s gun control laws." Nickles may or may not have pushed for improvements with CFSA—but he has most certainly pushed to get CFSA out of its court oversight as the agency continues to fail to meet its benchmarks.

MAYOR'S SCHEDULE:

10:30 a.m. Remarks
Alice Deal Middle School Ribbon Cutting
Location: 3185 Fort Drive, NW

2:00 p.m. Remarks
Bruce Monroe Elementary School Demolition
Location: 3012 Georgia Avenue, NW

6:30 p.m. Remarks
2014 Gay Games Kickoff Rally
Location: Stead Field
1625 P Street, NW

D.C. police have decided to overhaul how it responds to mentally ill residents in crisis and police brass have requested training assistance from the Department of Mental Health, says DMH director Stephen T. Baron.

The decision follows two police-shooting deaths in recent months involving mentally ill victims. In November, police shot and killed David Kerstetter in his Logan Circle residence. In late January, an officer killed Osman Abdullahi inside an unlicensed group home near H Street NE.

The department plans to adopt what's called the "Crisis Intervention Team," or "CIT," model, which would train a core group of officers who would be assigned to respond to emergency situations involving the mentally ill, Baron says. Mental-health advocates and police watchdog groups have long pressed the department to adopt such a model.

The program was developed in the late '80s by the Memphis Police Department after one of their officers shot and killed a knife-wielding mentally ill man. The model has since been replicated by police departments across the country from Georgia to Houston to Seattle.

"We've begun planning training" for the officers, says Baron, who was approached by police brass three weeks ago. He says that it will take a couple years to get the program fully staffed. "We hope to start in the next few months with the first training class."

"They came to me," Baron says of the police department.

For years, the department resisted making the switch to a specialized unit. Former Chief Charles Ramsey and current Chief Cathy Lanier had rebuffed earlier lobbying efforts. When asked to explain the sudden change, Lanier said: "It's my decision. I think it was time."

Lanier says the move had nothing to do with the Kerstetter incident. The change came about, she insists, because the department has seen an increase in officers and resources. [This is news to FOP head Kristopher Baumann, who says the last time he checked, the department appeared to be behind in their staff goals. The police press office says they have approximately 4,000 officers.]

But Assistant Chief Peter Newsham, who runs the department's Internal Affairs Unit, says the shootings did prompt officials to think about the CIT model. "Obviously, it's a good idea," Newsham says. "There's been some concern recently about how we deal with people [who have] mental illness....The recent shootings have definitely drawn attention to the issue."

This "good idea" wasn't deemed so by the police department for more than a decade. Since the early '90s, the department had been lobbied by a group defense attorneys and mental-health advocates to adopt the CIT model. "There was a strong recommendation," recalls Dr. Robert Keisling of Pathways to Housing. "I remember going to the meetings in the early 1990s. It's been over 15 years of efforts."

Mary Ann Luby, a longtime outreach worker with the Washington Legal Clinic for the Homeless, also urged the police to change. "We have an ongoing struggle with the police and the way that they sometimes approach people that are mentally ill," Luby says. "We've talked about it for a very long time.... When Ramsey was here, we tried to introduce it to him. This is going back six or seven years ago."

The Office of Police Complaints had been lobbying for the CIT model since issuing a report in 2006. The agency's efforts had been ignored despite the mounting anecdotal evidence that the department had a problem.

"I am pleased that the MPD for whatever reason is moving forward with the Crisis Intervention Team," says Philip Eure, OPC's executive direstor. "The CIT concept has been tried and tested around the country. There is every reason to believe that D.C. will benefit from it just like Memphis and other cities around the country."

The CIT model may have come in handy on the morning of Nov. 6. Two officers responded to a call for an open door at Kerstetter's Logan Circle apartment. Once they arrived, they were briefed on Kerstetter's deteriorating mental-health condition by a neighbor. One of the officers, Frederick Friday, told Washington City Paper that he made several calls seeking assistance. He says that he tried calling Kerstetter's therapist.

Kerstetter told the officers to not enter his home. After waiting around outside, Friday and his partner Christian Glynn, decided to enter Kerstetter's condo. They found Kerstetter holding a knife and a struggle ensued, according to a police press release.

Friday shot Kerstetter multiple times. Kerstetter ended up in his bathroom. [A review of the pictures from the scene show nothing out of place, nothing that would indicate a struggle.]

Kerstetter died from his wounds. Friday says he acted in self-defense. The shooting is still under investigation.

When questioned about the case yesterday, Lanier defended the officers' actions. "They followed policy," she said.

Lanier added that they had to make a "split-second decision." But when asked about the 30 minutes the officers waited outside Kerstetter's apartment, she had added a new wrinkle to the boilerplate: "So sometimes they have to make a 30-minute decision."

The New Teacher On The Block was really pissed off that Fenty kept the schools open yesterday. Apparently, the mayor didn't factor in the slippery streets and that kids will use any excuse to play hooky (see the drop-out rate):

"I mean, I was slipping and sliding on 395 this morning, for goodness sakes. Once I got to the neighborhood street next to my school, I slid all the way up the road. NONE of my students showed up today. 1 of Ms. P's kids came, and we dually hosted 5 kids in her classrom, because almost all the teachers were out as well (read: both pre-k teachers, the kindergarten teacher, both 1st grade teachers, both 2nd grade teachers, both 3rd grade teachers, 1 4th grade teacher, and 1 fifth grade teacher)."

Dee Does the District, another teacher/blogger, agrees that opening the schools yesterday was a stupid move.

Southwest...The Little Quadrant That Could wants everyone to know that the Cherry Blossom Festival is one month away. And, well, Southwest is a big part of it: "Southwest was designated the 'Cherry Blossom Capital of Washington, DC.' About 90% of the cherry blossoms in DC are located in Southwest, including the Tidal Basin and East Potomac Park, according to Lida Churchville, who has been working on the SW Call Box project for the past two years." The festival has a website with plenty of details.

Just.in.DC posts a snow pic from Shaw. It almost makes you forget about the Convention Center. Borderstan has a sweet picture as well.

Bloomingdale (for now) writes up a pesky problem with 911 dispatchers.

In case you missed it: The D.C. Council introduced a bill to expand the powers of the Office of Police Complaints.

*photo by Prince of Petworth.

Earlier this month, three D.C. Councilmembers—Mendelson, Cheh, and Bowser— introduced legislation that would significantly beef up the oversight powers of the Office of Police Complaints. The bill would expand the authority of the Police Complaints Board to monitor complaints filed with D.C. Police and Housing Authority cops. The bill would remedy the on-going problem of the D.C. cops investigating their own without much if any kind of outside oversight. The OPC was so elated with this bill, the agency wrote a press release.

This is big news. The D.C. Police have always shielded its investigations into misconduct from FOIA laws, claiming these investigations as work product. I addressed the issue years ago in a piece about four Sixth District cops with a stack of citizen complaints. This bill may finally shine some daylight on police-led investigations of excessive force.

The bill states that the board "shall have unfettered access to all information and supporting documentation of the covered law enforcement agencies..."

Seems like the bill has teeth. Expect a huge fight over the unfettered access line.

OPC Executive Director Philip Eure sees the bill as necessary.  "The upshot is we are trying to update the authority of our agency to be able to provide even more effective oversight of police complaints," he says. "We want to promote greater police accountability....We need to know how MPD deals with citizen complaints."

Eure's sentiments are shared by Wire-creator and former Sun Journalist David Simon. In the piece I wrote in 2000 on those Sixth District cops, then-Executive Assistant Chief Terrance Gainer agreed that these citizen complaints should be made public. Here's what I wrote back then:

"Gainer says he believes police misconduct investigations should be open to public scrutiny, but claims that the department is bound by union contracts to keep the information private. MPD officers claim that the PD-99s, as the complaints are called, are exempt from disclosure even though they represent the citizens' only avenue for redress for police misconduct.

'While I respect the contractual and legal right of the officers to have those shielded [from] the press, I believe there ought to be a little more daylight shed on how we all behave,' Gainer says. 'Given that we are public servants, the public has a fundamental right to know what I'm doing and how I'm doing....If we're talking about administrative matters for which I'm being disciplined, it strikes me as being in the public domain. If I had it within my power, I would share that information.'"

Police union chief Kristopher Baumann agrees in principal to more openness but would like this openness to include high-ranking officials and not just the rank and file. But he says  the OPC is a failed model. "What I think we should have here is a body, a board that reviews any complaint about the police," he says.

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In early November, D.C. police entered David Kerstetter's Logan Circle home and shot and killed him. Police say Mr. Kerstetter had a knife, that there was a struggle. The crime scene shows no evidence of a struggle. On January 26, Osman Abdullahi was shot and killed by D.C. police after they entered his unlicensed group home at 830 7th Street NE. He had a knife. He used a metal pole as a weapon. He allegedly tried to attack the police. Witnesses say he urged the police to kill him. Abdullahi is the subject of this week's cover story.

What did Kerstetter and Abdullahi have in common? They were both residents in crisis. Both suffered from mental illness. Both had stopped taking their meds.

The police knew Kerstetter. The police did not know Abdullahi.

The New York Police Department recently adopted a new policy. Any time a known mentally-ill person is the subject of a 911 dispatch, the officers rushing to the scene are notified. In a limited way, DMH did know about Abdullahi. In early December, he had called its helpline and requested services. The other men he was living with in that group house–most of them had been in the system at some point in their lives. Not to mention that the house was operated by Mark Spence; DMH knew him very, very well.

How to respond to the mentally ill has been an issue that the D.C. Police Department has refused to address. For years, they have fielded complaints from residents, from the Office of Police Compliants, and done very close to nothing. I wonder how many more times is the department going to put the lives of its officers at risk? How many more residents in crisis are going to have to die before the department starts to seriously look at its policies? And when is the D.C. Council going to hold hearings on the issue?

I had called Chief Lanier about these issues repeatedly in the wake of Kerstetter's death. I e-mailed her directly twice. I called her office. I called her people. She never called me back. Not once. She never felt it necessary to address the circumstances of Kerstetter's death–she had immediately declared the cops involved as probably justified–nor how her department handles residents in crisis. I have seen Lanier tend to grieving families with a grace and skill few officials can match. I find it difficult to imagine that Lanier hasn't thought about this issue in a serious way.

I did call Assistant Chief Peter Newsham, who runs the Internal Affairs Bureau. I asked him about policy changes and the NYPD's new warning system.

"It would be very helpful to know what the officers are walking into," Newsham said. "We are definitely going to take a look at that...That's something we'll definitely look at."

But what will the D.C. Police do about it?

*Undated photo of Abdullahi was provided by his family.