Such procedures should include, as is now the practice in most departments, a hearing before a trial board unless the department is so small that the chief of police can himself conduct the hearing. If a board is convened, its members should be carefully screened for impartiality and lack of prejudice. The hearing should be open to the public; the complainant should have subpoena powers, be represented by counsel, and be able to see the investigative report if they [sic] so desire; there should be opportunity for cross-examination by both the officer and the complainant; if desired by either party. a transcript should be made; and the decision should be prompt -- probably no more than a month, except in unusual cases, after a complaint is filed. The trial board should render an opinion containing findings of all important facts and explaining its reasoning. [3]
Once the decision on a complaint has been made, the complainant should be notified of the decision and the basis for it. And the public should have access to the facts of the case and the nature of the decision. Unless the public has access to reliable information, it is likely to assume the worst. On the other hand, if complainants are told of the disposition, "they would know that their complaint was not thrown in the wastebasket." [4]
Your complaint of misconduct by a member of this department in connection with the death of Henry Pacheco has been reviewed by the Board of Police Commissioners.
A strained relationship such as we have observed as existing between the police and the Negro community can be relieved only if the citizen knows that he will be fairly and properly treated, that his complaints of police misconduct will be heard and investigated. and that, if justified. disciplinary action will be taken against the offending officer. [12]
A. About two weeks after you filed the complaint I received a letter stating that my complaint would be investigated, then later an officer came to my home and questioned me.
Q. Have you heard from the police commission since that time?
A. No.
Q. So, you don't know what happened to your complaint?
A. That's correct.
Q. Did you know of any other place besides this office where you could file a complaint against the police?
A. No, I never knew that there was a place like this -- where you could complain.
Q. Have you ever heard of the police commission before this?
A. No.
Q. Did you know that you could file a complaint with Internal Affairs of the LAPD?
A. I never heard of Internal Affairs before you told me.
Q. Didn't you know that you could file a complaint at the local stations?
A. I figured that they would probably take complaints but it seems silly filing a complaint with the police when it is against them.
Q. Would you feel free or safe in going to the local police station to complain?
A. Not now.
Q. Are you still waiting for an answer from the police commission?
A. Well, it's been a long time, I think they've forgot about it by now.
Q. How did you feel about the police before this incident happened to you?
A. Well, I just thought they were just doing their job. I didn't know they treat people like that and get away with it.
Q. How do you feel about the police now that this happened to you?
A. Well, I feel that they're human like everybody else but there are some that let the authority go to their head.
Q. If you went to court and it was your word against the police officers who do you think the judge or jury would believe?
A. They would go along with the police.
Q. During the latter part of June [1968] you were arrested by the LAPD and charged with battery on a police officer. Has your opinion of the police changed since this incident with them?
A. Definitely.
Q. Why?
A. Well, before I used to have respect for them and now that they have arrested me for nothing when I wasn't even involved-- They're a bunch of liars.
Q. Why do you say that?
A. Because when we went to court the police lied.
Q. Why did you come to the Police Practices Complaint Center?
A. I needed help.
Q. If we would not have been able to provide you with an attorney, would you have been able to hire one?
A. No.
Q. Did you tell any of your friends about what happened to you?
A. Yes. I told everybody.
Q. What did the people say about it?
A. They thought that it was unbelievable.
Q. They didn't believe you?
A. Yes, most of the people, believed me, but I don't think they'll be real believers until it happens to them.
Q. Did any of the people tell you about incidents they had with the police?
A. Yes.
Q. Could you give me an example?
A. My brother was mistreated by the police and some of the kids in the neighborhood have also been beaten.
Q. What happened to your brother?
A. He was sprayed with Mace.
Q. What was he charged with?
A. Nothing. He wasn't even taken to court.
Q. Why did they spray him with Mace?
A. Because the police have the power to do anything they want and get away with it.
Q. Did your brother file a complaint at the station?
A. No.
Q. Why not?
A. Because they probably just file their complaints away.
Q. What percentage of the officers here in East LA, in your opinion, abuse people?
A. Ninety-nine percent.
Q. You believe it's that high?
A. Yes.
Q. What do you think the problem is? What can the police do to improve relations between themselves and the community?
A. Respect is a two-way street; in order to get respect you must also give it too. If they are not going to respect the kids and continue to call them punks then they can never expect the kids to respect them as police officers ...
Q. Did you know that there are community relations officers both at Hollenbeck Station and at the sheriffs station?
A. Yes.
Q. Do you know what these officers do?
A. They come to meetings in the community and just listen but they seldom take an active role.
Q. What do you think their role should be?
A. They should come out to the community and be willing to deal with all segments -- the liberal and militant groups -- and not only go visit with senior citizens or coordinating councils and harp on "crime in the streets" ... Something has to be done now because the kids are not going to wait any longer.
Q. Have you had any problem with the police since this last incident?
A. Yes. I was picked up for curfew.
Q. How old are you?
A. Twenty.
Q. Then why did the police arrest you for curfew?
A. Well, they weren't going to arrest me at first, but when they looked in my purse and found a brown beret they decided to arrest me. I also didn't have an I.D. When they saw the brown beret they started making fun of me.
Q. But, they didn't physically mistreat you, did they?
A. They put the handcuffs on me, real tight. The sheriffs also told me that I could run down here and say they raped me.
Q. You were booked on curfew?
A. No, they called my mother and when she told them I was of age the sheriffs changed the charge to loitering.
Q. Were you loitering?
A. No, I was walking home.
Q. Who were you with?
A. No one. I was by myself.
Q. Did the sheriffs take you to court?
A. No, the charge was dropped.
Q. Has this incident changed your attitude toward the police?
A. Yes ... Before this I was going to junior college to become a policewoman and when people told me about police brutality I didn't believe it. When we went to court I was shocked that the police could get on the witness stand and lie. I have lost all respect for the police.
Q. Now that this has happened to you, would you be willing to help the police investigate a crime?
A. Yes, but only to see that they do an honest job. I wouldn't want other people to go through what I went through.
Q. Did you tell any of your friends about this incident?
A. Yes ... They believed me, but my friends found it pretty shocking.
Q. Have you had any problem with the police since this incident?
A. Yes. The police got smart with us. Once I was wearing my brown beret and an officer gave me the finger.
Q. Are you satisfied with the way the center has handled your case?
A. Oh yes.
Q. Are you satisfied with the attorney that has been provided? Do you think he is doing a good job?
A. Yes, I do.
Q. What would you have done if the center could not have helped you?
A. I don't know.
Q. Would you have gone to the public defender?
A. No, that would be the last thing I would have done.
Q. Why?
A. I've seen the way they operate and it doesn't matter either way to them if you win or lose.
Q. Have you ever heard of the police commission?
A. Yes, I have.
Q. What do you know about it?
A. I've just heard about it. I don't know what it is.
Q. Have you ever heard about the community relations officer?
A. Yes, I have visited with them.
Q. What do you know about them?
A. They're phonies.
Q. How would you compare the sheriff's department and the LAPD?
A. They're all the same.
Q. How do your friends feel about the sheriff's deputies in East LA?
A. They hate them because deputies are always mistreating them. Many of the people are afraid of the sheriff and I don't think they should be, since the sheriffs are supposed to protect you.
Q. Are they there to protect you?
A. No.
Q. Do you understand what is presently happening to your case here?
A. The lawyer is filing a law suit. I don't know too much about these things, but it's in the lawyer's hands and I trust him.
Q. Were you satisfied with the way the center handled your complaint?
A. Yes.
Q. If the center wasn't here, where would you have gone to get someone to help you?
A. I would have gone to some other place. The reason I came here is because a friend told me about it.
Q. Did you tell any of your friends about your problem?
A. Yes.
A. They said they were sorry it had to happen, and that it has happened to too many people.
Q. Did any of your friends tell you about any problem they had with the police?
A. Yes, one friend said that when she had called the police they came and began beating and pushing people before they started asking questions. This was the same thing that happened to me. My husband and I were arguing, so I called the police. When they came, they started beating my husband.
Q. Has this incident changed your attitude toward the police?
A. Sometimes I think they're doing their duty, but sometimes they use brutality and they're not supposed to do that.
Q. What would you do if you had another complaint?
A. I would be afraid to complain to the police again. I don't want to call the police for nothing.
Q. You and your husband were taken to the local station and you claim that you saw an officer kicking your husband after he was handcuffed and lying on the floor. Later you found out he was dead. Now did you ever hear from the police again? Did they write you a letter explaining what happened? Did someone go to your home?
A. No, I never heard from the police after that day.
Q. Do you feel the police owe you an explanation?
A. Well, no, what can they do about it now after he's dead? I just want them to leave me alone.
The concerned officer and his partner stated that only necessary force was used in order to acquire and maintain custody of you. When you were alighting from the police vehicle you kicked at the officer, lost your balance and fell, at which time you sustained injuries to your face and shoulder.
Q. What would you do if the police were to assault you again?
A. First of all, I would come back to the ACLU to see if they could help because they came through for me this last time. But I'll tell you one thing, if it did happen again I wouldn't be in LA for too much longer. It's not a healthy city to live in.
Q. In your case you asked us not to file a complaint with the Board of Police Commissioners. Why not?
A. Well, my wife told me that if we would file a complaint that it would take too long and that it was no use fighting city hall because you just don't win.
Q. You don't believe they would find in your favor?
A. No.
Q. Why not?
A. Because you just can't beat them when they investigate themselves.
Q. Who told you about the Police Practices Complaint Center?
A. Well, when I told my friend that I needed help he told me about the center. 1 never knew there was something like this.
Q. What is your opinion of the police now?
A. Well, like 1 said before I don't think all the police are like that but some of these young police officers, you give them a gun, a badge and a nightstick and they think they're God on the street. No one is right except them.
Q. Have you ever had any other problem with the police?
A. No.
Q. Is there anything else you would like to add to this statement?
A. Not really, except that some of these officers should act like humans instead of animals.
Q. Have you ever heard about the police commission?
A. Yes, I have.
Q. Why didn't you go to the police commission instead of coming to the complaint center?
A. I heard that all the commission does is give you a big whitewash. A person filing a complaint with them never reaches the commissioners; you have to deal with the secretary of the secretary, and besides, nothing ever comes of it anyway.
Q. Why didn't you file your complaint at the local station?
A. I was called several times to go down there, but I didn't feel safe or free to talk, especially in a police station. I figured that they would be getting my story to see how they could use it on me.
Q. Why didn't you feel safe?
A. Because the officers that beat my sister and I were from that station.
Q. What do you think about the help you received here at the complaint center?
A. Well, the attorney that was provided for me by ACLU is very good. He has spent a lot of time on my case and I think he is doing everything he can. I can see that ACLU is really trying to help the chicanos.
Q. If the ACLU wouldn't have been able to provide you with an attorney, would you have been able to hire one?
A. I'm afraid not. My sister and I would have had to go with the public defender. They're overloaded with cases and I don't think I would be receiving the same help as I would from a private attorney.
Q. How did you feel about the police before this incident took place?
A. It didn't come to me as a surprise because the general attitude of my friends and people that I've talked to in the past is that the LAPD's policy is beat and shoot and then ask questions later. The only thing that surprised me is it happened to me.
Q. Did you tell your friends about this incident you had with the police.
A. Yes I did and I also told my relatives.
Q. What did they think about it?
A. They believed me and said that it was unfortunate that it had to happen to me. They told me that some officers are perros [dogs].
Q. If you had another problem with the police would you handle your case in a different manner?
A. No, I would still come here.
Q. What do you think of the public defender?
A. Well, like I said before, I think they have too many people to take care of, but I would imagine that defenders like to win cases too. Too often though clients are asked to cop out and get a break. I guess it would scare anybody to go to court, talk with the public defender for five minutes and he tells you to cop out.
Q. When you saw the sheriffs mistreating the arrestee you questioned the officers and were also arrested. You were charged with interfering. Did you interfere?
A. No, I only asked why they were arresting him because he wasn't doing anything.
Q. Can you explain what happened?
A: The officers grabbed me, threw me against the car, placed the handcuffs on me and threw me into the car. An onlooker asked the officers why I was being treated like that and why I was being arrested. The police answered by 'cuffing him, then spraying him with Mace.
Q. You came to this office along with the man who was sprayed with Mace. What happened when you went to court?
A. Both charges were dismissed against me and the charge of interfering was dismissed against him. He went to trial on his other charge of inciting a riot and was acquitted.
Q. Have you ever been mistreated by the police before?
A. No, this was the first time.
Q. What made you come to the complaint center?
A. Well, I heard about it from the Committee for Justice in El Monte. I couldn't afford an attorney so I came to see if you could help me.
Q. What would you have done if we wouldn't have been able to get an attorney to take your case?
A. I guess I would have had to try to beat it with the public defender.
Q. Did you tell any of your friends about this incident?
A. Oh yes, I told many people. I also told them not to go to El Monte any more.
Q. Did your friends believe you when you told them about this incident?
A. Yes, they believed me; it came out in the newspaper.
Q. Did any of your friends tell you about any experience they had with the police?
A. Oh yes, I've heard bad stories about the officers from Whittier, El Monte, Pico Rivera and San Gabriel. On this incident you had much community support from the people in El Monte. A complaint was filed with El Monte's police department and also with the district attorney. Did you ever get a response?
A. I heard it was still pending.
Q. Did an investigator ever question you on your complaint?
A. No, but the police chief sent us a letter explaining that he was conducting an investigation.
Q. If there is an investigation going on and they do find the officers in the wrong, do you think they will be punished?
A. No, the department has to defend their men now because the officers have already said too many lies in court.
Q. What do you mean?
A. Well, in court, the officers were saying everything that was the opposite. Not even the jury was believing them.
Q. You say the jury didn't believe the officers. How do you know that?
A. Well, because the way the juror would look at us and at the officers and later after the charges were dismissed some of the jurors shook my hand and told me that if it hadn't been dismissed they would have found me not guilty.
Q. If you ever again had any problem with the police department what would you do?
A. I'd come here to the ACLU ... You guys really fought for me, getting a lawyer and helping me out when I had no place to go.
Q. Did this incident change your opinion of the police in any way?
A. Yes, before I used to believe in them but not any more.
Q. Would you be willing to help the police investigate a crime?
A. No, I wouldn't help them.
Q. Why is that?
A. They might think the opposite and get me for interfering.
Q. Were you satisfied with the way the ACLU Police Practices Complaint Center processed your complaint?
A. Yes, I think they did as much as they could, but I would have liked to file a lawsuit against the sheriffs.
Q. Do you really feel everything was done for you here?
A. Yes I do. My complaint not being found in my favor I think was because of the sheriffs not wanting to admit guilt.
Q. Before coming to the complaint center did you go to any other agency?
A. No, a friend told us about the center so we came here.
Q. Were you satisfied with the way the sheriff's department investigated and found in your case?
A. No, I wasn't, because the investigator came to my house one day and that was it. The next thing I hear is that the complaint was not sustained.
Q. How long was it?
A. About two weeks after filing the complaint is when I first heard from the sheriff's department. An investigator questioned me, then returned later to get a medical information release authorization.
Q. When were you given the final findings of the sheriff's investigation.
A. It wasn't until a total of about seven months later. The letter I received from the sheriffs was very simple and it didn't give much of an explanation of their findings.
Q. How did you feel about the East LA sheriffs or police in general before this incident happened?
A. I just felt that they had a job to do and they were doing it ... This incident really opened my eyes. The way the sheriffs went about this I didn't expect.
Q. How do you feel about the police now?
A. Not as certain about them as I was. Before I respected them quite a bit but now I don't have too much respect for them. I think that in order to get respect you must also give it.
Q. If you could help the police investigate a crime, would you?
A. I don't think so -- well, if there were other witnesses or people that would assist in a particular situation maybe I would also help. I don't know for sure. I don't want to get involved with the police especially after what happened to me.
Q. Did you tell any of your friends about what happened to you?
A. Yes, and, besides, one of my friends saw what happened. Other people that I told sympathized and explained that they also had bad experiences with the police where they felt it was unnecessary police action. One of my friends was pushed through a window by the police.
Q. What was the reaction of your friends?
A. They would always ask me what happened to my complaint. They told me I was wasting my time trying to fight city hall.
Q. Do you think that the sheriff's department could have done more in this matter?
A. Yes, I would figure that the least thing they could have done is have some type of a hearing where I could meet the officer face to face. I haven't seen the officer since the incident. After the investigator came to my house that was it. For what little the investigator did he took too long.
Q. If something like this happened to you again what would you do?
A. I would think twice about just filing a complaint because I really don't think the police want or try to find any dirt. I would take more extreme measures next time.
Q. Do you think everything was done to secure a complete investigation?
A. The sheriff's department, I believe, did not conduct a thorough investigation or we weren't given enough information on the final answer.... There was no mention of the medical information presented.
Q. The investigator being a member of the sheriff's department, do you think that his relationship would influence the outcome of the investigation?
A. Sure it would ....
Q. Do you think seven months is enough time to investigate a complaint?
A. For the little they done and for the few lines they wrote, they took way too long.
Q. Do you feel that the center could have done more for your son?
A. This office has done enough in helping my son, and I am grateful for that help. What I do ask is that police begin to respect all people and that we do the same.
Q. How much money did you have to put out of your own pocket as a result of your son's encounter with the sheriff's officers?
A. I had to pay $90.00 for medical expenses, $17.00 for towing away my son's car and more than $25.00 for the day I lost at work. All these expenses and I get a four-line explanation from the sheriffs.
Users browsing this forum: No registered users and 4 guests