[420 Girl]

Members of Columbia’s Citizens Police Review Board struggled to find a common direction last night as disagreements on future policies and current procedure hindered the board’s ability to review its first appeal.

The new board that became eligible Jan. 1 to hear appeals of Columbia police internal investigations debated for more than an hour last night during its monthly meeting in the council chambers at the City Hall Addition. Members discussed how to proceed with the first appeal, considering its unusual nature and information some members think they are lacking from police.

California marijuana activist Ed Rosenthal’s appeal of an internal investigation by police Chief Ken Burton into a February SWAT drug raid in southwest Columbia stumped several board members. Susan Smith cited several bylaws that she said indicate the board should not accept future appeals from people without “ownership” in the community until qualifications are defined. That discussion resulted in the creation of a subcommittee to examine the issue.

Review board Chairwoman Ellen LoCurto-Martinez was to assign members to the subcommittee today and set a time for its members to meet. The subcommittee could present a proposed amendment to the ordinance that created the board, clarifying qualifications for those who wish to appeal an internal investigation. Any change to the ordinance would require Columbia City Council approval. The current ordinance does not limit who can file an appeal.

“I wish our first case was not so complicated,” LoCurto-Martinez said. “We have some procedures that maybe need to be fine-tuned. It was our first case. Not a typical case.”

In his complaint, Rosenthal, of Piedmont, Calif., said the shooting of a mixed-breed corgi during the SWAT raid on Kinloch Court was unwarranted because there is no evidence the small dog was a threat. Burton said his investigation found the dog was accidentally shot when officers were attempting to shoot a pit bull, which was killed in the raid.

Rosenthal also claimed the suspect complied with officers and should not have been “manhandled.”

In his final point, Rosenthal wrote he believes Burton “knew his officers were violating standard procedure,” and he also requested that SWAT team members be evaluated by an independent psychiatrist to determine whether they should be allowed to carry weapons. “They are a danger to society,” he wrote.

Of the four points in Rosenthal’s complaint, only his concern over the dog’s shooting is reviewable. Burton’s investigation only concerned whether actions were appropriate in the discharge of weapons related to officers’ belief that the pit pull was aggressive. Burton’s investigation did not include the “manhandling” of the suspect or the issue of forced entry.

The board tabled the issue after last night’s discussion and will have a special Aug. 4 meeting to specifically address the appeal. From there, board member Steve Weinberg said, the board will have a better indication of what materials it might need from Columbia police to properly complete the appeal.

“Once we get past the first round of an appeal and standing issue, I think it will smooth out,” LoCurto-Martinez said.

Burton told the board he thinks the board should review Rosenthal’s appeal, but he noted that his investigation concerned only where police policy was in question, not Rosenthal’s other concerns.

Current bylaws mandate that the board review appeals within 60 days of receiving all necessary information. The board has yet to decide whether it has all necessary information. Rosenthal’s appeal letter was received June 15.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Brennan David
Contact: The Columbia Daily Tribune
Copyright: 2010 The Columbia Daily Tribune
Website: SWAT raid complaint a challenge


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