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The Case for an Independent Police Accountability System 2.1.17 FINAL

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<strong>The</strong> <strong>Case</strong> <strong>for</strong> <strong>an</strong> <strong>Independent</strong> <strong>Police</strong> <strong>Accountability</strong> <strong>System</strong>: Tr<strong>an</strong>s<strong>for</strong>ming the Civili<strong>an</strong> Review Process in Rochester<br />

As a reaction to this kind of violence <strong>an</strong>d police misconduct in general, m<strong>an</strong>y cities have<br />

instituted new civili<strong>an</strong> review processes or enh<strong>an</strong>ced existing ones. <strong>The</strong>re are currently<br />

more th<strong>an</strong> 200 civili<strong>an</strong> entities that oversee police departments around the country, up<br />

from 100 in 2007. 11 In 2013, the Center <strong>for</strong> Public Policy at Cali<strong>for</strong>nia State University,<br />

Fullerton published a report that reviewed national trends in civili<strong>an</strong> oversight committees.<br />

<strong>The</strong> study cites the “troublesome” nature of police autonomy “when officers commit acts<br />

that cause the public to question the integrity of a police officer or agency. Inst<strong>an</strong>ces of<br />

officer-involved shootings, use of excessive <strong>for</strong>ce, or perceived racial profiling c<strong>an</strong> often<br />

challenge public trust in law en<strong>for</strong>cement<br />

<strong>The</strong> <strong>Case</strong> of Robinn Turner<br />

On September 12, 2010, Robbin<br />

Turner, a Black wom<strong>an</strong>, was<br />

assaulted by a youth who threw a<br />

softball- sized rock at her right<br />

knee, causing excruciating pain.<br />

Turner called 911, <strong>an</strong>d Officer<br />

Joseph Ferrigno responded but did<br />

nothing <strong>an</strong>d left. Turner called 911<br />

again <strong>an</strong>d was told a serge<strong>an</strong>t<br />

would report to the scene, but<br />

instead Ferrigno returned,<br />

whereupon she was again<br />

assaulted by the youths in the<br />

officer’s presence, <strong>for</strong>cing her to<br />

the ground. Ferrigno then picked<br />

Turner up off the ground, slammed<br />

her onto the concrete <strong>an</strong>d dragged<br />

her by her arm approximately 10<br />

feet, saying, “Bitch, you are on my<br />

last nerve. You’re going to fucking<br />

jail.” When Turner told Ferrigno<br />

that she had a ruptured disk in her<br />

back, Ferrigno said, “Oh yeah?”<br />

then pulled her arm behind her<br />

back <strong>an</strong>d slammed his knee into<br />

Turner’s back. He then h<strong>an</strong>dcuffed<br />

her <strong>an</strong>d put her into a police car. A<br />

crowd had gathered, <strong>an</strong>d some<br />

people asked Ferrigno why he was<br />

treating Turner that way. He<br />

replied, “Don’t you know I’m<br />

internationally known to be a<br />

ruthless mother fucker?” Turner<br />

was charged with second degree<br />

harassment, which was later<br />

dismissed. She filed a civil claim,<br />

which was settled by the City <strong>for</strong><br />

monetary damages in her favor.<br />

Ferrigno is still employed with RPD.<br />

agencies.” 12 <strong>The</strong>se incidents often lead to<br />

increased costs <strong>for</strong> taxpayers, who pay <strong>for</strong> the<br />

prosecution <strong>an</strong>d defense of meritless cases in the<br />

court system.<br />

In 2011, the City of Syracuse, New York, which<br />

had <strong>an</strong> established citizen review board since<br />

1993, amended its laws to “insure public<br />

accountability over the power exercised by<br />

members of the Syracuse <strong>Police</strong> Department.” In<br />

2012, the Syracuse Common Council appointed <strong>an</strong><br />

eleven-member Citizen Review Board (SCRB) <strong>an</strong>d<br />

hired <strong>an</strong> administrator <strong>an</strong>d <strong>an</strong> independent<br />

investigator. <strong>The</strong> SCRB is a separate department<br />

of the City with its own budget. <strong>The</strong> SCRB has “the<br />

power to investigate complaints of police<br />

misconduct independent of <strong>an</strong>d concurrently with<br />

<strong>an</strong>y investigations conducted by Office of<br />

Professional St<strong>an</strong>dards (OPS).” 13 Additionally, the<br />

OPS (Syracuse’s internal affairs department) must<br />

provide the SCRB with a copy of the full OPS<br />

report, investigatory case file, <strong>an</strong>d<br />

recommendation to the Chief of <strong>Police</strong> <strong>for</strong> each<br />

complaint it investigates. 14 <strong>The</strong> Board also has the<br />

power to authorize issu<strong>an</strong>ces of subpoenas to<br />

compel witnesses, including police officers, to<br />

attend the hearing <strong>an</strong>d records to be produced.<br />

<strong>The</strong> Chief of <strong>Police</strong> is required to ensure<br />

compli<strong>an</strong>ce by police officers with SCRB<br />

procedures. 15 For more in<strong>for</strong>mation on the SCRB,<br />

see Appendix A, Appendix C, <strong>an</strong>d Appendix D.<br />

In 2013, the SCRB sustained civili<strong>an</strong> complaints of<br />

excessive <strong>for</strong>ce at a rate of 24%; 16 in 2014, the<br />

sustain rate was 41%, <strong>an</strong>d in 2015 it was 23%, <strong>for</strong><br />

<strong>an</strong> average sustain rate of 31% since the new<br />

12<br />

B. Lacker-Ware & T. Forsyth

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