Month: June 2023

Source: United States Department of Justice News

Following a comprehensive investigation, the Justice Department announced today that the Minneapolis Police Department (MPD) and the City of Minneapolis (City) engage in a pattern or practice of conduct in violation of the U.S. Constitution and federal law. The Department also announced that the city and MPD have agreed in principle to resolve the Department’s findings through a court enforceable consent decree with an independent monitor, rather than through contested litigation.

 Specifically, the Justice Department finds that the MPD:

• Uses excessive force, including unjustified deadly force and unreasonable use of tasers;
• Unlawfully discriminates against Black people and Native American people in its enforcement activities, including the use of force following stops;
• Violates the rights of people engaged in protected speech; and
• Along with the city, discriminates against people with behavioral health disabilities when responding to calls for assistance.

The Department identified and concluded that persistent deficiencies in policy, training, supervision, and accountability contribute to the unlawful conduct.

“George Floyd’s death had an irrevocable impact on his family, on the Minneapolis community, on our country, and on the world,” said Attorney General Merrick B. Garland. “The patterns and practices of conduct the Justice Department observed during our investigation are deeply disturbing. They erode the community’s trust in law enforcement. And they made what happened to George Floyd possible. Today, we have completed our investigation, but this is only the first step. We will continue to work with the city and the MPD toward ensuring that MPD officers have the support and resources they need to do their jobs effectively and lawfully as we work together toward meaningful and durable reform.”

“I know this community is still hurting and that today’s announcement may also open up old wounds,” said Associate Attorney General Vanita Gupta. “The Justice Department is committed to working with Minneapolis on a path forward, to constitutional policing, and stronger police-community trust. Together we can build a Minneapolis that protects the rights, safety, and dignity of all.”

“Every American deserves policing that is fair, equitable, and non-discriminatory,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The protests that unfolded across Minneapolis, and the country, underscore the urgency behind our efforts to ensure that police departments respect constitutional rights, while garnering public trust. We will stand by the people of Minneapolis as we work to institute reforms that are lasting and enduring.”

“These findings present a sobering picture of a flawed system – but today we turn towards change through justice,” said First Assistant U.S. Attorney Ann Bildtsen for the District of Minnesota. “This thorough investigation is the foundation to make fair and lawful policing a reality for our entire community.”

The city and MPD cooperated fully with the Justice Department’s investigation. The Department provided a comprehensive written report of its investigative findings to the city and MPD. The report acknowledges the changes already made by the city and MPD, and it identifies additional remedial measures that the Department believes are necessary to fully address its findings.

The Department opened this investigation on April 21, 2021. The investigation was conducted by career attorneys and staff in the Civil Rights Division’s Special Litigation Section and the Civil Division of the U.S. Attorney’s Office for the District of Minnesota. The team conducted numerous onsite tours of MPD facilities; interviewed MPD officers, supervisors, and command staff; spoke with city officials and employees; accompanied behavioral crisis responders and officers on ride-alongs; reviewed thousands of documents; and watched thousands of hours of body-worn camera footage. Department attorneys and staff also met with community members, advocates, service providers, and other stakeholders in the Minneapolis area.

The Department conducted this investigation pursuant to 34 U.S.C. § 12601 (Section 12601), which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law, the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964, and Title II of the Americans with Disabilities Act.

The findings announced today are the result of the Department’s civil pattern or practice investigation and are separate from the Department’s criminal cases against former MPD officers for federal crimes related to the death of George Floyd.

The Department will reach out to members of the Minneapolis community for input on remedies to address the Department’s findings. Individuals may also submit recommendations by email at Community.Minneapolis@usdoj.gov or by phone at 1-866-432-0268.

This is one of eight investigations into law enforcement agencies opened during this Administration by the Civil Rights Division of the Justice Department under Section 12601. The Department has ongoing investigations into the Phoenix Police Department; the Mount Vernon Police Department; the Louisiana State Police; the New York City Police Department’s Special Victims Division; the Worcester Police Department; and the Oklahoma City Police Department. The Department has issued Section 12601 findings reports in the past year regarding the Louisville Metro Police Department, as well as the Orange County District Attorney’s Office and Sheriff’s Department.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available at www.justice.gov/usao-mn.

Information specific to the Civil Rights Division’s Police Reform Work can be found here: www.justice.gov/crt/file/922421/download.

The Justice Department will hold a virtual presentation on the findings at 5:00 p.m. CT. Members of the public are encouraged to attend to learn more about the findings. Please join the meeting here.

Source: United States Department of Justice News

            WASHINGTON – A New Jersey man pleaded guilty today to a felony charge for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Ezekiel Kurt Stecher, 48, of Sewell, New Jersey, pleaded guilty in the District of Columbia to one count of civil disorder, a felony offense. U.S. District Court Judge Randolph D. Moss scheduled a sentencing hearing for Sept. 7, 2023.

            According to court documents, on Jan. 6, 2021, Stecher entered the exterior of the lower terrace tunnel door of the U.S. Capitol building and began to forcefully push the crowd forward towards the Metropolitan Police Department (MPD) riot line and into the doors of the building. Court documents state that Stecher repeatedly pushed at the law enforcement officers attempting to stop the crowd from entering the building.

            Court records say that Stecher and members of the crowd outside the doors chanted, “our house!” “stop the steal!” as they attempted to push their way inside the building. According to court documents, other individuals began to fight with police in the doorway, attempting to push and pull the officers out of the way to clear a path for the rioters to enter the building. A short time later, law enforcement officers sprayed chemical eye irritant to disperse the rioters, including Stecher, from the area.

            Stecher was arrested on Dec. 8, 2021, in Mantua Township, New Jersey. He faces a statutory maximum of five years in prison, as well as potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of New Jersey.

            The case is being investigated by the FBI’s Washington and Philadelphia Field Offices, which listed Stecher as #118 on its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice News

Remarks as Delivered

Good morning. My name is Kristen Clarke. I’m the Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice. At the heart of many of the protests that unfolded in this city, and across the nation, was a call for constitutional, fair and non-discriminatory policing and respect for people’s civil rights.

Today we are here to take an important step toward answering that call and committing to the task of building out a core feature of American democracy – an effective, accountable police department that ensures respect for constitutional rights, garners public trust and keeps people safe.

I want to provide further details about the findings of our civil rights investigation that the Attorney General just announced.

First, we found that the Minneapolis Police Department uses excessive force – both deadly and less lethal.

We reviewed MPD’s 19 police shootings and one in-custody death from January 1, 2016, to August 16, 2022. Many of these incidents were unconstitutional uses of deadly force. We found that officers used deadly force without probable cause to believe that there was an immediate threat of serious physical harm to the officer or another person. In one example, an off-duty officer fired his gun at a car containing six people within three seconds of getting out of his squad car.

Neck restraints are lethal force. And we found that MPD officers often use neck restraints without warning, on people suspected of only minor offenses and on people who posed no threat.

We also reviewed less lethal uses of force – tasers, bodily force and pepper spray.

MPD officers’ use of tasers often is inconsistent with MPD’s own policy and occurs without warning. For example, officers sometimes use multiple, successive taser applications without re-assessing the need for further activations, which can be dangerous. They also use tasers for minor offenses, on kids and on people known to have behavioral health issues.

We found that MPD unconstitutionally uses bodily force and pepper spray against people who have committed minor offenses or no offense at all. In addition, we saw repeated instances of excessive force against kids without appropriate attempts to de-escalate the situation. In one instance, an MPD officer wearing street clothes drew his gun and pinned a teenager to the hood of a car for allegedly taking a $5 burrito without paying.

In addition, we found instances where MPD officers did not adequately ensure the safety of people in their custody. For example, after pepper spraying a group of people who were fighting, MPD officers ignored pleas to call an ambulance for one woman who needed help because she had asthma. Disregarding the medical distress of a person who is in custody or after a use of force is unlawful.

And, often, officers who could have intervened to stop the use of excessive force by their colleagues did not do so. This violates the Constitution.

Our second finding is that the Minneapolis Police Department unlawfully discriminates against Black people in its enforcement activities. This is a first-time finding for us – that the police department also discriminates against Native American people in its enforcement activities.

With our statistical experts, we reviewed over five years of MPD data, from November 1, 2016, to August 9, 2022, on roughly 187,000 traffic and pedestrian stops. We also conducted interviews and ride-alongs, and we reviewed other documents and information that the city provided.

As part of this systemic discrimination, we found that MPD disproportionately stops Black people and Native American people.

During stops involving Black and Native American people, MPD performs searches more frequently than during stops involving white people, even when they behave in similar ways.

MPD also uses force during stops involving Black and Native American people more frequently than they do during stops involving white people, even when they behave in similar ways. This too is another “first” – this is the first time we have made a finding that the police department unlawfully discriminates by using force after stops against Black and Native American people.

Starting in late May 2020 – when George Floyd was killed – MPD officers suddenly ceased reporting race and gender in many stops despite MPD policy requiring them to collect this data. We estimate that the percentage of daily stops with known race data recorded dropped over 35 percentage points during this period. Still, our analyses of the reported racial data from May 25, 2020, to August 9, 2022, showed significant racial disparities in searches and use of force.

Working with our statistical experts, we did not find that there was a legitimate, non-discriminatory reason for such different treatment for Black and Native American people during stops or the other enforcement activities that we examined.

We also found that the MPD violates people’s First Amendment rights by retaliating with force against people engaged in protests and engaged in demonstrations. We saw officers push and pepper spray protesters who posed no threat. Where protesters resisted police commands, officers used force to punish them well after any threat had ended. For example, during a protest in March of 2021, officers beat, kicked and shoved protestors even after they were restrained. One officer, used his full body weight, kneed a passive, restrained protester in the neck as he lay face down – an act that amounted to deadly force.

MPD retaliates against journalists and unlawfully restricts their access during protests. Under the First Amendment, the press must be allowed to safely gather and report the news.

In addition, we found that the police department retaliates against people who challenge or question them during stops and calls for service. The Constitution protects the right to criticize officers, even with profanity. We also found that MPD officers retaliate against people who observe and record them, even though they have a right to do so. All of this violates the law.

Our fourth and final finding is that MPD and the City of Minneapolis discriminate against people with behavioral health disabilities when responding to calls for assistance.

Many calls for service related to behavioral health do not require a law enforcement response. These calls often involve no violence, weapon or immediate threat. And in these circumstances, a law enforcement-led response can lead to trauma, injury and even death to people experiencing behavioral health issues. But these harms may be avoided by dispatching behavioral health responders where appropriate, and they can be mitigated by sending behavioral health responders with police where a law enforcement response may be needed.

To assess MPD’s and the city’s response to behavioral health calls, we analyzed a random sample of behavioral health-related 911 calls to which MPD responded. And we learned that MPD and the city often send the police unnecessarily and that people are harmed as a result. For the vast majority of the calls we reviewed, the person needing behavioral health attention was not reported to have a weapon or to pose an immediate threat. Only 0.45% of over 100,000 mental health calls resulted in an arrest at the scene – this underscores that the current reliance on police-only responses is unwarranted.

In December of 2021, the city launched a mobile crisis response pilot that provides a behavioral health response in addition to, or instead of, a police response. And that program is a step in the right direction, but that pilot effort lacks the capacity to promptly respond to calls throughout the city, and, as a result, MPD continues to be the primary response to behavioral health calls.

These findings are serious, and we enter the path to reform with a plan to put in place lasting and enduring changes that will ensure the constitutional, fair and non-discriminatory policing to which the people in this great city are entitled.

As I close, I want to extend my gratitude to the Mayor and the Police Chief for joining us today and for their collaboration. And I also want to extend deep appreciation to the people across Minneapolis who worked with us at every step of this process. Thanks to residents, community leaders, civil rights advocates, police officers and many others who used their voice in this process. An enormous and important task lies ahead, and we want this community to hear us clearly – we stand with you at every stage of this process that lays ahead.

I’ll turn the floor over to Ann Bildtsen, First Assistant U.S. Attorney for the District of Minnesota.

Source: United States Department of Justice

Remarks as Delivered

Good morning, everyone.

Here with me today are Associate Attorney General Vanita Gupta, Assistant Attorney General for Civil Rights Kristen Clarke, and First Assistant United States Attorney Ann Bildtsen.

I also want to acknowledge Mayor Jacob Frey, Council President Andrea Jenkins, Community Safety Commissioner Cedric Alexander, and Police Chief Brian O’Hara. Thank you all for joining us today.

On May 25, 2020, George Floyd was killed at the hands of a law enforcement officer who was sworn to protect him. As Mr. Floyd died, other officers failed to intervene.

The Justice Department has since convicted four former Minneapolis police officers for their roles in the death of George Floyd.

As I told George Floyd’s family this morning, his death has had an irrevocable impact on the Minneapolis community, on our country, and on the world. His loss is still felt deeply by those who loved and knew him, and by many who did not. George Floyd should be alive today.

Shortly after I was sworn in as Attorney General, I announced that the Justice Department had opened a separate civil investigation into whether the Minneapolis Police Department – the MPD – and the City of Minneapolis engage in a pattern or practice of unconstitutional or unlawful policing.

I am here today to announce the findings of that investigation. I am also announcing that the Justice Department, the City of Minneapolis, and the MPD have agreed in principle to negotiate towards a consent decree.

Since opening the investigation, the Justice Department has engaged in a comprehensive review of MPD’s policies, training, supervision, and use-of-force investigations.

Our review focused on MPD as a whole, not on the actions of any individual officer. We observed many MPD officers who did their difficult work with professionalism, courage, and respect. But the patterns and practices we observed made what happened to George Floyd possible.

As one city leader told us, “these systemic issues didn’t just occur on May 25, 2020…there were instances like that, that were being reported by this community long before that.”

The Department of Justice has concluded that there is reasonable cause to believe that the Minneapolis Police Department and the City of Minneapolis engaged in a pattern or practice of conduct that violates the First and Fourth Amendments of the United States Constitution. There is also reasonable cause to believe that they engage in conduct that violates Title VI of the Civil Rights Act of 1964, the Safe Streets Act, and the Americans with Disabilities Act.

Specifically, we found that MPD and the City of Minneapolis engages in a pattern or practice of:

• Using excessive force;
• Unlawfully discriminating against Black and Native American people in enforcement activities;
• Violating the rights of people engaged in protected speech; and
• Discriminating against people with behavioral disabilities when responding to them in crisis.

I will discuss each finding in somewhat greater detail.

First, we found that the Minneapolis Police Department routinely uses excessive force, often when no force is necessary, including unjust deathly force and unreasonable use of tasers. MPD officers discharge firearms at people without assessing whether the person presents any threat, let alone a threat that would justify deadly force.

For example, in 2017, an MPD officer shot and killed an unarmed woman who he said had “spooked” him when she approached his squad car. The woman had called 911 – 9-1-1, sorry – to report a possible sexual assault in a nearby alley.

We also found that MPD officers routinely disregard the safety of people in their custody. Our review found numerous incidents in which MPD officers responded to a person’s statement that they could not breathe with a version of: “You can breathe, you’re talking right now.”

We also found that MPD officers fail to intervene to prevent unreasonable use of force by other officers. Indeed, as outlined in our report, years before he killed George Floyd, Derek Chauvin used excessive force on other occasions in which multiple MPD officers stood by and did not stop him.

Second, we found that MPD unlawfully discriminates against Black and Native American people in its enforcement activities, including the use of force following stops. Based on our review of the data, MPD officers stop, search, and then use force against people who are Black and Native American at disproportionate rates.

The data showed, for example, that MPD stopped Black and Native American people nearly six times more often than white people in situations that did not result in arrest or citation, given their shares of the population.

We found several incidents in which MPD officers were not held accountable for racist conduct until there was a public outcry. For example, after MPD officers stopped a car carrying four Somali-American teens, one officer told the teens: “Do you remember what happened in Black Hawk Down when we killed a bunch of your folk? I’m proud of that… We didn’t finish the job over there… if we had… you guys wouldn’t be over here right now.” As everyone no doubt knows, this is a reference to the 1990s raid by American special forces in Mogadishu.

Such conduct is deeply disturbing, and it erodes the community’s trust in law enforcement.

Third, we found that MPD violates the rights of people engaged in protected speech, including by retaliating against protesters as well as members of the press.

For example, on May 30, 2020, MPD officers encountered journalists who were sheltering at a gas station. One officer approached a journalist who was filming, while holding up his press credential and shouting, “I’m press!” The officer forcefully pushed the journalist’s head to the pavement. And when the journalist held up his press credential again, an MPD sergeant pepper-sprayed him in the face and walked away.

Fourth, we found that MPD, along with the city, discriminates against people with behavioral health disabilities when responding to calls for assistance. Assistant Attorney General Clarke will discuss these findings in further detail.

To the credit of MPD and city leaders, some important changes have already been instituted. Those include prohibiting all types of neck restraints and banning no-knock search warrants.

But as the report outlines, there is more work to be done. The Justice Department is recommending 28 remedial measures that provide a starting framework to improve public safety, build community trust, and comply with the Constitution and federal law.

As I noted at the outset, in an important step toward reform, the City of Minneapolis and MPD have signed an Agreement in Principle with the Department of Justice. This agreement commits the city and MPD to work with the Justice Department, the community, police officers, and other stakeholders to address the problems that we have identified. And this agreement commits all parties to the negotiation – to negotiate a legally binding consent decree with an independent monitor.

We are grateful to city and MPD leaders for their shared commitment to addressing these deep-seated challenges.

I also want to take this opportunity to address the officers of the Minneapolis Police Department.

Your profession is essential.

The work you do on a daily basis is extremely difficult and often very dangerous.

Your responsibilities are enormous and could not be more important. You are asked to keep your community safe, to uphold the rule of law, and to ensure equal justice under law.

For you to succeed, your police department must provide you with clear policies and consistent training that explain and re-enforce constitutional boundaries and responsibilities. It must give you the support you need to do your jobs safely and effectively. And its supervisors and chain-of-command must enable you to achieve the highest professional standards.

This agreement is an important step toward providing you with the support and resources you need to do your job effectively and lawfully.

And finally, to the people of Minneapolis: thank you for your partnership throughout our review process.

During the investigation, the Justice Department met with many community members, including people who had encounters with police, religious leaders, advocates, and many others who want a police department that serves them better.

We also met with the families of people who died or suffered grave injuries during encounters with MPD officers. Thank you for sharing your experiences with us. We could not have completed this investigation without your contributions.

Please continue to engage these issues in the months ahead. Your involvement is critical to our success.

And finally, to the career staff of the Civil Rights Division of the United States Department of Justice and the U.S. Attorney’s Office for the District of [Minnesota] who conducted this investigation: Thank you for your work, which will make Minneapolis a better place for all of its residents.

Today, we have completed our investigation, but this is only the first step.

We look forward to working with the city and MPD to achieve meaningful and durable reform. I am now pleased to turn this over to Associate Attorney General Vanita Gupta.

Source: United States Department of Justice News

An Illinois woman pleaded guilty today for her role in a conspiracy to murder her mother while they vacationed in Bali, Indonesia, in August 2014. 

According to court documents, Heather Mack, 27, originally from Chicago, and her boyfriend, Tommy Schaefer, conspired to kill Mack’s mother while Mack and her mother vacationed in Bali. Mack arranged for Schaefer to travel to Bali using her mother’s credit card. After Schaefer arrived, Mack and Schaefer exchanged a series of text messages about how and when to kill Mack’s mother, which included a discussion about suffocating or beating the victim. Shortly after these text messages were exchanged, on Aug. 12, 2014, Schaefer entered her mother’s hotel room and, while Mack was present, brutally beat and killed Mack’s mother. Mack and Schaefer then placed the victim’s body into a suitcase and tried to leave the hotel in a taxi. When the driver of the taxi refused to accept their fare, Mack told hotel employees that she was going to go call her mother. Mack and Schaefer then fled the hotel and abandoned the suitcase containing the victim’s body in the taxicab. Mack and Schaefer were arrested by Indonesian police at another hotel in Bali the day after the murder.

In 2015, Mack and Schaefer were convicted in Indonesia of local criminal charges related to the murder. Mack was sentenced to 10 years in prison and released after serving seven years. Schaefer was sentenced to 18 years in prison and currently remains imprisoned in Indonesia. In November 2021, upon arrival in the United States, Mack was arrested on U.S. federal charges relating to the murder. Schaefer was also charged in the U.S. indictment, and those charges remain pending against him.

Mack pleaded guilty to one count of conspiracy to kill a U.S. national. She is scheduled to be sentenced on Dec. 18 and faces a maximum penalty of 28 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois, and Special Agent in Charge Robert W. “Wes” Wheeler Jr. of the FBI Chicago Field Office made the announcement.

Senior Trial Attorney Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Ann Marie Ursini for the Northern District of Illinois are prosecuting the case. 

Valuable assistance was provided by the Justice Department’s Office of International Affairs, as well as the FBI Legal Attaché Office in Jakarta, Indonesia. 

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.