OpenCDA

September 16, 2014

Idaho Statesman Op-Ed Missed the Mark

Filed under: Probable Cause — Tags: , , — Bill @ 12:04 pm

Missed the MarkThis morning’s Idaho Statesman opinion piece was entitled Our View:  Police, dog owners must share responsibility.  The unnamed writer was commenting, collectively, on three recent shootings of pet dogs by Idaho law enforcement officers.

The op-ed writer mentioned Coeur d’Alene, so we presume he was including the Arfee killing by a Coeur d’Alene police officer.  If so, the writer might want to reread the officer’s account of the shooting.  According to the officer, Arfee appeared suddenly in the partially open van window just inches from the officer’s face.  In what sounds to us to be a “startle” reaction, the officer fired his already-unholstered weapon once and killed Arfee.

The op-ed writer’s first premise was that in most and maybe every instance, there should be enough time for an officer to carefully assess a dog’s various behaviors and then set a non-lethal course of action. His second premise is that an unattended but lawfully and safely contained dog will always obey commands from a police officer or an animal control officer.

We address the op-ed writer’s second premise first.  It’s absurd.

The first premise is very desirable, but it will require the police to do more than just learn dog behaviors.  They will need to adjust their approach to various situations so that “startle” reactions are less likely to result in gunfire.  In the Arfee killing, we wonder:  Why had the officer unholstered his weapon?  If his overall assessment of the situation required (in his mind)  unholstering his weapon, might there have been actions he and his trainee partner and additional officers could have taken first to preclude the perceived necessity of unholstering his weapon and thereby being at risk of a “startle” shooting?

We admit it:  We are second-guessing.  Then again, we have little choice.  The first guesses — the ones that result in training, policy, and procedures — needed to have been taken by the Idaho Peace Officer Standards and Training Council, the Coeur d’Alene Chief of Police, and the Coeur d’Alene Police Department training officer.  Apparently, they weren’t.

OpenCdA wishes that when there are serious incidents like the ones mentioned in today’s op-ed, the Idaho Statesman and the rest of Idaho’s news media would focus as much on the failures of command and leadership in Idaho’s chief executive law enforcement officers and the Idaho Peace Officers Standards and Training Council as they focus on the behavior of the individual officer who pulled the trigger.

 

September 15, 2014

J-1 Magistrate Candidates

Filed under: Probable Cause — Bill @ 1:59 pm

Judge copyThe list of applicants who wish to replace retiring First District Magistrate Judge Barry Watson has been released.  Here are the applicants:

BRECK, KEVIN HAMILTON is an Attorney, Winston & Chasatt Law Firm, Spokane, WA
BROOKS, JERRI LYNN is a Private Practice Attorney, Hayden, ID
BROOKS, KENNETH DAVID is a Kootenai County Deputy Prosecutor, Coeur d’Alene, ID
COMBO, JAMES FRANCIS is an Attorney, Law Offices of Charles F. Bean, Coeur d’Alene, ID
CRAIG, JAMES EDWARD MONROE is Assistant Chief Counsel, Immigrations and Customs Enforcement, Orlando, FL
DUGGAN, BARBARA ANN is an Ada County Deputy Prosecuting Attorney, Boise, ID
FELTON, MICHAEL HARLAND is a Private Practice Attorney/Special Deputy Attorney General for the 5th District, Buhl, ID
GARDNER, DONNA CAROL is a Kootenai County Deputy Prosecutor, Coeur d’Alene, ID
GLEN, SHAWN MARIE is Hagadone Directories, Inc. Account Executive, Coeur d’Alene, ID
HAMMOND, JOHN RICHARD is a Partner-Attorney with Fisher Pusch & Krueck Law Firm, Boise, ID
HOLMES, EDWIN BOWMAN is a Private Practice Attorney, Coeur d’Alene, ID
PATTERSON, GEORGE C. is a Private Practice Attorney, Boise, ID
ROSEN, DENISE LINN is a First District Deputy Attorney General, Coeur d’Alene, ID
STURGELL, JAY QUEALY is 1st District of Idaho Court Assistance Officer, Coeur d’Alene, ID
SZOTT, PAUL JAMES is a Kootenai County Deputy Public Defender, Coeur d’Alene, ID
THIE, BRIAN DEAN is an Attorney with Magyar Rauch & Thie Law Firm, Moscow, ID
TRUSCOTT, DANIEL M. is a Private Practice Attorney, Boise, ID
VAN VALIN, TIMOTHY LOWELL is a Rathdrum City Prosecutor, Rathdrum, ID
WALL, KACEY L. is a Private Practice Attorney, Coeur d’Alene, ID

OpenCdA linked to the selection process in our May 29, 2014, post entitled Selecting a New Magistrate Judge.

We Shouldn’t Be Surprised…

Filed under: Probable Cause — Tags: , , — Bill @ 12:33 pm

WrongWayThe conduct by Coeur d’Alene police officers that led to the Barnhouse federal lawsuit against the police and the Arfee killing by the police shouldn’t really surprise us.

When police departments seek to waive relevant entrance, retention,  training, and integrity standards, it is inevitable that some unsuitable applicants will be hired and retained.  And when those requests for waivers are rather routinely granted by the state’s law enforcement certification agency, it should not surprise readers to know that cities and counties are more than happy to pump out the waiver requests if it will enable them to reduce hiring and retention costs.

It happens in Idaho.  (more…)

September 12, 2014

“Underperforming”

Filed under: Probable Cause — Tags: , — Bill @ 9:00 am

ANTHONY-DRAKE

In its September 12 article headlined Artist defends rainbow, the Coeur d’Alene Press reports that artist Howard Meehan has agreed to work with the City to “enhance” his art piece titled Under the Rainbow.

Our OpenCdA post on June 25, 2014 titled Remember This? outlined several of the issues prompting today’s Press skewspaper article.  One of the most tasteless and offensive comments we reported came from now-Arts Commission Chairman Jennifer Riggs Drake. As the minutes of the June 17, 2014 meeting of the Arts Commission recount, “Commissioner Drake said that she thinks that a lot of people agree that the arch is under-performing and that putting the [McEuen] logo on it doesn’t take care of that issue.” (more…)

September 10, 2014

Federal Lawsuit Names CdA Police Officers

Filed under: Probable Cause — Bill @ 8:58 am

Investigations-FactsThis morning’s Coeur d’Alene Press reports (see article headlined Suit alleges excessive force, violation of rights) that Athol resident Mark Barnhouse has filed a federal civil rights lawsuit against Coeur d’Alene Police Department officers Johann Schmitz, Mark Knapp, Jonathan Hernas, and then Acting Chief Ron Clark.  The suit also seeks the Federal District Court’s permission to amend the complaint to add specifically named defendants as their identities become known to the plaintiff.

The lawsuit was filed on April 1, 2014, and was based on an incident which occurred on February 17, 2013, in the City of Coeur d’Alene.  The PACER case number is 2:14-cv-00129-EJL-REB, captioned Mark R. Barnhouse, Plaintiff, v. Johann Schmitz, individually and in his official capacity as a police officer, Mark Knapp, individually and in his official capacity as a police officer, Jonathan. Hernas, individually and in his official capacity as a police officer, Ron H. Clark, City of Coeur d’Alene, a municipality incorporated in the State of Idaho, and John Doe(s) I-V, Defendants.  The case number link is to the initial complaint.

There are a couple of tantalizing tidbits in the complaint:

Defendant Mark Knapp was also responsible for the training, supervision, and control of defendant Johann Schmitz in the proper use of force.”  So, we wonder, was Mark Knapp a field training officer (FTO) and was Johann Schmitz a trainee at the time of this incident in 2013?

In furtherance of their attempts to justify their unlawful arrest, both Officers Schmitz and Knapp made false statements of fact in their police report…” which were itemized in the complaint.  The complaint then alleges “The Officers then decided to modify and correct their false statements only after reviewing Officer Schmitz’s body camera.”  So Schmitz was wearing a body camera and had evidently activated it.  What about Knapp?  Especially if he was an FTO, his body camera should also have been activated.  Was it?

OpenCdA is happy to see that Mr. Barnhouse engaged legal counsel and brought this action in federal court.

This incident preceded the Arfee killing by a Coeur d’Alene police officer, but there appear to be some common threads between that and the present lawsuit.  It will be interesting to see how the City of Coeur d’Alene and its new police chief handle both cases.

OpenCdA is curious to know if any of the officers involved in Barnhouse and Arfee received their pre-service training in the North Idaho College’s POST certification program rather than at the POST academy in Meridian?

The public will be watching.

 

 

September 9, 2014

Arfee Observations

Filed under: Probable Cause — Tags: , , , — Bill @ 8:24 am

Investigations-FactsOn the morning of Friday, September 5, 2014, the City of Coeur d’Alene posted some of the documents from the police department’s report on the shooting of Arfee, a black Labrador mix, by a Coeur d’Alene police officer on July 9.  The online compilation was captioned Craig Jones Case Documents.  For simplicity, we’ll simply refer to that compilation as “the Arfee report.”

Starting on July 11, OpenCdA has put up several posts about the shooting death of Arfee by the Coeur d’Alene Police Department officer.   In general, the Arfee report had nothing to significantly change the opinions we expressed in those posts.

We do have a few observations now that we’ve been able to read the Arfee report.  (more…)

August 31, 2014

Judicial Confirmation Petition Denied

Filed under: Probable Cause — Tags: — Bill @ 8:14 am

WrongWaySaturday morning’s Coeur d’Alene Press skewspaper reported that District Court Judge John Stegner has denied Kootenai County’s petition for judicial confirmation to fund the lease of a privately-owned jail.  The article is headlined  Judge:  Jail Plan Unconstitutional.

OpenCdA’s post dated June 15, 2014 entitled Judicial Confirmation – Bypassing Voters discussed Idaho’s judicial confirmation statute and some of its application in this particular issue, the expansion of the Kootenai County Jail.

We can not comment specifically on Judge Stegner’s decision, because we have not yet obtained and studied his written decision and order.  His written and filed decision and order will necessarily be a detailed explanation of the legal basis for his decision.    It would help guide both the petitioner and the respondents on any future legal actions.

However, we will offer our opinion on some of the information included in this morning’s Press article.  (more…)

August 28, 2014

Verdun d’Alene?

Filed under: Probable Cause — Tags: , — Bill @ 2:56 pm

slippery slopeOpenCdA has been following the Canadian news media’s reporting of the Quebec corruption scandal and its investigation by the Charbonneau Commission.

The focus of the Charbonneau Commission’s investigation is Quebec’s “…deeply-rooted system of kickbacks, bribes and illegal fundraising that link the province’s construction industry to politicians and civil servants.”  We touched on that in our June 22, 2013, post entitled “Corruption becomes a kind of cancer”.

In its online story on August 26, 2014, headlined Bending of rules cost Verdun taxpayers $1.5 million in lost revenue, mayor says, the Gazette [montrealgazette.com] provides an ultra-simple explanation of how officials in Montreal’s borough of Verdun managed to make sure their cronies enriched themselves at the expense of Verdun’s citizens.  Verdun has a population of about 66,000.

Fortunately, that kind of cronyism and favoritism never happens here in Coeur d’Alene, Idaho.

August 27, 2014

“Your” Invited…

Filed under: Probable Cause — Bill @ 7:05 pm

invitation

After reading this invitation, OpenCdA is speculating that incoming Chief Lee White may be having second thoughts about Coeur d’Alene.

From Arfee to Brady

Filed under: Probable Cause — Tags: , — Bill @ 11:31 am

Investigations-FactsOn July 9, 2014, a Coeur d’Alene police officer shot Arfee, a pet dog, inside its owner’s parked van .  Arfee’s owner had reportedly parked in the adjoining parking lot while he was patronizing Java on Sherman coffee shop.

In the late 1950’s the state of Maryland convicted John Brady of first degree murder .  His conviction was overturned by the US Supreme Court in 1963 because the prosecutor had withheld the existence of potentially exculpatory evidence from Brady. (see Brady v. Maryland, 373 U.S. 83 (1963))

Because of the Coeur d’Alene Police Department’s misleading press release announcing the officer-involved shooting of Arfee on July 9, it will be interesting to see if the 1963 Brady decision and later decisions expanding it may play a role in the Arfee shooting outcome in Coeur d’Alene, Idaho in 2014. (more…)

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