Maria Hamiltons son, Dontre, was killed in 2014 by Milwaukee police Officer 1
Prosecutors must prove officers
acted willfully to deprive civil rights CIVIL RIGHTS FROM A1 accountable short of sending them to prison. Declining to charge The U.S. Attorneys office for Going hands-on with a pat- Federal prosecutors have declined to charge law enforcement officers with violating someone's civil Western Pennsylvania opens down that was not justified by rights in more than nine out of 10 cases. files for even minor accusa- reasonable suspicion resulted tions that the FBI investigates in the confrontation, Flynn Cases prosecuted Cases declined Percent declined against a police officer, said said six months after the shoot- Steve Kaufman, chief of the 8 416 ing. The confrontation clearly offices criminal division. escalated to a very dramatic, 1995 98.1% We dont hesitate to open violent and dangerous end. 12 829 a file on a civil rights case, Justice and the U.S. Attor- 1996 98.6% yet its one of the most diffi- neys office for Eastern Wiscon- cult cases to gather sufficient 15 811 sin reviewed the incident after evidence to prove it beyond Milwaukees district attorney 1997 98.2% a reasonable doubt at trial, declined to press charges. 28 1,023 Kaufman said. Nearly a year later, in Novem- Obviously, then you do have 1998 97.3% ber 2015, the federal prosecu- a relatively high percentage tors declined to charge Manney. 22 859 that dont end up being pros- Even if there was reliable 1999 97.5% ecuted. evidence that indicated that 27 976 Convicting a police officer of Manneys actions were unrea- a civil rights violation is one 2000 97.3% sonable, there is insufficient of the toughest challenges a evidence to prove beyond a 34 858 prosecutor can face, numerous reasonable doubt that he acted 2001 96.2% legal and civil rights experts willfully that is, with a bad told the Trib. 25 886 purpose to violate the law as 2002 97.3% Police Accountabilitys established in a 1945 U.S. Su- Futterman agreed but said preme Court ruling, acting U.S. 27 914 that doesnt excuse the lack of Attorney Greg Haanstad and a 2003 97.1% prosecutions. top Justice Department official Just because theyre chal- 21 805 said in a letter to the family. A lenging cases should not mean 2004 97.5% copy of the letter was obtained they should not be brought, by the Trib. 28 584 Futterman said. Manney has appealed to 2005 Another explanation is that 95.4% Milwaukee County Circuit 31 485 prosecutors are doing their Court to have his firing re- jobs by rejecting bad evidence, versed. His lawyer, Jonathan 2006 94.0% said Jim Pasco, executive direc- Cermele, declined to comment 30 499 tor of the national Fraternal but provided a legal brief that Order of Police. 2007 94.3% quotes Manney saying he con- Maybe theyre not taking ducted the pat-down because he 38 465 the cases because theyre not noticed bulges in Hamiltons 2008 92.4% good cases, Pasco said. It clothing and suspected he 38 400 could be 96 percent of the time. might have had a weapon. Do you know how many false 2009 91.3% Based on the totality of complaints are made against the circumstances, (Manney) 38 385 police officers? believed Hamilton posed a 2010 91.0% Milwaukee mess significant danger to [his] 29 442 safety, the brief states. 2011 No one disputes that Milwau- 93.8% Manney did not mention kee police Officer Christopher seeing the bulges until three 28 274 Manney killed Dontre Ham- months after the incident, 2012 90.7% ilton with 14 gunshots on an according to a separate city overcast April afternoon in a 28 318 investigation. park across from City Hall. Jonathan Safran, a Milwau- 2013 91.9% But after kee attorney who represents 19 306 the incident, Hamiltons family, said he had 2014 94.2% Milwaukee hoped Justice would take the police Chief 4 168 case based on Manneys initial Edward Flynn contact. 2015 97.7% fired Manney In 2004, Safran represented a for conducting man who was beaten, slashed NOTE: FOR RECENT YEARS, MORE CASES DO NOT YET HAVE A CLEAR DISPOSITION, MEANING PROSECUTORS HAVE NOT YET DECIDED WHETHER TO CHARGE OR DECLINE. THIS DATA EXCLUDES THOSE OPEN-ENDED CASES. an incorrect and tortured by off-duty police Manney and out-of- officers. After a local jury policy frisk on Hamilton without reasonable acquitted the officers, federal Lack of evidence prosecutors won four guilty suspicion. pleas and three convictions. Federal prosecutors most often say they lack enough evidence Manney told investigators We always believed the feds to charge law enforcement officers with civil rights violations. he started frisking Hamilton were a last resort but that they The top reasons they cited are: from behind, leading the man would come through, Safran Percentage of to drop his arms to pin the offi- said. Im not feeling that way Reason total citations cers hands. As they struggled, anymore. Hamilton struck the officer Weak or insufficicent admissible evidence 5,959 29.2% with his hand, then grabbed Police on a pedestal? Manneys baton and swung at Lack of evidence of criminal intent Motive is the main legal him, witnesses said. Manney 5,085 25.0% stumbling block for prosecu- drew his weapon and kept fir- tors in charging law enforce- Declined per instructions from Justice Department ing until he ran out of bullets. ment officers with a civil rights 3,310 16.2% Hamilton, a diagnosed violation, legal experts said. schizophrenic, had not received No federal offense evident A 1945 U.S. Supreme Court his medication because of an 9.2% ruling, upholding the ability of 1,865 issue with his insurance, his federal prosecutors to charge family said. Insufficient evidence local police for depriving some- 5.0% The shooting was in self-de- 1,022 one of their civil rights, said fense and justified, Flynn said. that prosecutors must prove NOTE: PROSECUTORS CAN CITE MORE THAN ONE REASON FOR DECLINING A CASE The frisk was not, the chief that the police acted willfully. Source: Tribune-Review analysis of Department of Justice National Caseload Data, 1995-2015 said, adding that there has to be a way of holding officers CIVIL RIGHTS A7 TRIBUNE-REVIEW