When Unethical Conduct Is The Only Option: The Stebbins, Alaska Conundrum

Stebbins, Alaska.

Pro Publica reports that Stebbins, Alaska, a Bering Strait village of 646 people, employed Nimeron Mike as a police officer. When he applied for the job, Mike was a registered sex offender.  He had served a total of six years in various  Alaska jails and prisons, and been convicted of assault, domestic violence, vehicle theft, groping a woman, hindering prosecution, reckless driving, drunken driving and choking a woman unconscious in an attempted sexual assault—and that’s not a complete list.

But he isn’t an exception or an anomaly in Stebbins, Pro Publica’s investigation found.  Before he was hired, the  Stebbins police chief pleaded guilty in 2017 to throwing a teenage relative to the ground and threatening to kill her after getting drunk on bootleg booze (liquor is illegal in the town.) All seven of the police officers working under him as of July 1, 2019 have pleaded guilty to domestic violence charges.  Only one has received formal law enforcement training of any kind. The seven-man police force has served a combined six years in jails, prisons and halfway houses on dozens of criminal charges, and that doesn’t include Nimeron Mike, who was fired in March.

It’s  a violation of Alaska  public safety regulations for a police force to hire a convicted felon to work as a city police officer, but those laws idealistic aspirations and dead letters in small towns and cities where the job is considered unattractive and the pay is low. At least 14 cities in Alaska have employed police officers whose criminal records should have prevented them from being hired under Department of Public Safety regulations, with  more than 34 officers currently in uniform who are supposed to be legally ineligible for these jobs. The vast majority of the  illegal police hires were never reported by municipalities  to the state regulatory board as required by law. Continue reading

Prosecutorial Ethics: Not Charging The Police In The Eric Garner Case Is The Right Ethical Decision…

…and trying any of the officers involved would be unethical.

Naturally, Eric Garner’s family immediately is attacking  the decision of the Justice Department today not to bring federal charges against  the New York police officers whose ugly and violent arrest of Eric Garner in 2014 led to his death. This incident came in the midst of several high-profile police shootings following the triggering Trayvon Martin killing, and led directly to the emergence of Black Lives Matters as well as launching one of several catch phrases connected with the movement, “I can’t breath.”

The Department of Justice took a long time reviewing the incident and the evidence, and could not determine that Officer Daniel Pantaleo willfully committed misconduct, an “essential element necessary to bring federal charges,” a senior department official told reporters at a briefing today. Considering all the elements of the  crime required to be proven under the law, the DOJ official said, the conclusion was that  the police conduct did not “fit within the statute.”

In deciding not to bring charges, U.S. Attorney General Bill Barr sided with federal prosecutors in Brooklyn. The  Justice’s Civil Rights Division had favored bringing charges.

The main problem facing the Justice Department and the New York prosecutors was that a conviction would be unlikely, making a prosecution more of a show trial than a real one, much like the George Zimmerman trial for allegedly murdering Martin. That trial was brought unethically to slake activist thirst for vengeance against Martin’s shooter, despite the glaring  evidence indicating self-defense. Prosecutors may not use the process itself to punish citizens. If a trial can’t be won, or if the justification for charges are dubious, then it is professional misconduct to bring them.

Were police negligent and reckless in using such aggressive measures to bring down a suspect who was resisting arrest? Absolutely, and this was addressed, as it should have been, in a civil trial. (Garner’s family was awarded 4 million dollars from the city.) Did the cops intend to kill Garner? It takes real anti-police bias to conclude that. The video shows a huge, morbidly obese man resisting arrest by a group of much smaller officers, who pretty evidently over-reacted. Although the ME attributed Garner’s death to “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police,” the defense in a criminal trial will have no trouble finding persuasive expert testimony to the effect that what ultimately killed Eric Garner was his weight and poor health. Continue reading

Monday Morning Ethics Warm-Up, 7/8/2019: “Well, No More Oreos For Me!” Edition

An ethical new week dawns!

1. Snopes again. Incredibly, there are still people—like Facebook!—who insist that Snopes is a trustworthy, objective factchecking source. Ethics Alarms had its fill of the site’s partisan spinning many moons ago, but just for giggles, here is another example of the site’s shameless bias.

Last week Snopes pretended to do a “fact check” on whether the Betsy Ross American flag—the thirteen star version that Nike recently rules was too racist to be on a sneaker— was used under President Barack Obama at his inauguration. The strange thing is that no fact check was necessary, since the photographic record is undeniable. As is often the case, however, Snopes’ purpose wasn’t to clarify facts, but to bolster a progressive narrative. Bethania Palma, the most unsubtle of the site’s propagandists, argues that while Obama’s version of the flag wasn’t racist, any use of the flag in 2019 would be racist, because the existence of Donald Trump makes it so.

During the Trump era, what were once relics of the United States’ fraught history with violent racism have been taken up as causes for some far-right extremists. As white supremacists began rallying around Confederate monuments slated for removal, some tried to attach the Betsy Ross flag to their cause as a symbol…The Anti-Defamation League, a non-profit organization that tracks hate groups, doesn’t include the flag in its database of confirmed hate symbols. But many have viewed the flag as symbolizing a time in U.S. history when slavery was legal. “Historically, these symbols have been used by white supremacists, both to hearken back to a time when black people were enslaved, while also painting themselves as the inheritors of the ‘true’ American tradition,” Keegan Hankes, a researcher for the Southern Poverty Law Center, told Rolling Stone.

In other words, now that Trump is President, any symbol or artifact that was used by the United States before the abolishment of slavery is to be regarded as carrying  racist symbolism. That’s a fact! Snopes says so.

2. I won’t link to this because it doesn’t deserve traffic, but the Times just inflicted on its readers a sloppy and incompetent “Guide” to the 80’s cultural references in the third season of the Netflix show “Stranger Things. The popular horror series by “The Duffer Brothers” has always been filled with visual and verbal homages, as well as plot turns, attributable by the culturally aware to  famous 80’s works by better artists–Stephen King, Spielberg, John Carpenter, and more. Sometimes the references are amusing, often they are gratuitous and annoying. The Times piece, including a bold face “Spoilers!” warning, purported to catalogue all such references in the new season.

It doesn’t. It doesn’t come close. It doesn’t come close because the writer is obviously unfamiliar with the works the show references, and didn’t bother to do his research despite representing that he had. What he mainly misses are the lines in the dialogue that are lifted directly out of 80’s movies. For example, at one point, a major character in “Stranger Things 3” says, “I can do anything; I’m the chief of police.”  That’s a direct quote from “Jaws,” as anyone who has seen the film 76 times knows.

If a major newspaper is going to say it has a “Complete Guide” to 80’s pop culture references in a show, then it is obligated to make the effort to ensure that it is, in fact, complete. Continue reading

Ethics Observation On The Tempe, Arizona Starbucks Incident

Ethics Alarms does not endorse any organized boycott efforts against any product, business or organization. However, if any corporation is begging to be boycotted, it’s Starbucks…

In case you missed it:

On July 4th, six Tempe, Arizona police officers visited a local Starbucks to get some coffee. The officers paid for their beverages and stood together, sipping coffee and chatting. A barista approached one of the officers, whom she apparently knew by name because he is was a frequent customer, and informed him that a customer  currently in the store “did not feel safe” because of the police presence. She asked the officers to move out of the customer’s line of sight (!) or to leave entirely.

The officers  left, but apparently reported the incident to the Tempe Officers Association, which described the incident on Facebook and added,

This treatment of public safety workers could not be more disheartening. While the barista was polite, making such a request at all was offensive. Unfortunately, such treatment has become all too common in 2019. We know this is not a national policy at Starbucks Corporate and we look forward to working collaboratively with them on this important dialogue.

The Tempe Police put out their own statement:

Starbucks, proving at least that it has not completely lost its mind, quickly apologized to the  Department, with a representative meeting with the police chief.  The statement:

“When those officers entered the store and a customer raised a concern over their presence, they should have been welcomed and treated with dignity and the utmost respect by our partners (employees). Instead, they were made to feel unwelcome and disrespected, which is completely unacceptable,”

Observations: Continue reading

From The Ethics Alarms “Awwww!” Files: The Happy Shoplifter

At a Whole Foods in New York City,  a woman attempted to steal some food and was detained by supermarket security officers. Three police officers on the scene, however, chipped in and paid for the food she had been seen slipping into her shopping bag.

Naturally the heartwarming scene was  captured in a photo, showing the woman’s tears of gratitude. Their deed, as well as the woman breaking into tears, was captured in a photo that was shot by a customer who described himself as heartened by the unexpected gesture. “It was a nice moment for, you know, people, it was compassionate and the woman obviously was really grateful,” the amateur photographer said.

The police department approves, I guess.  NYPD Chief Terence Monahan tweeted, “Cops like Lt. Sojo and Officers Cuevas and Rivera of the Strategic Response Group are the kind-hearted cops who quietly do good deeds for New Yorkers in need.”

Is this the new department policy then? When officers decide that a thief is in genuine need, they will now pay for the merchandise stolen? I may have rolled out of bed bitter and jaded, but this seems like the “Awww!” Factor, where sentimentally appealing conduct is mistaken for ethical conduct. From the Ethics Alarms glossary: Continue reading

And This Is Why We Have No Trustworthy News Media: The Phantom Somali Hammer Attack.

A week ago, conservative writer Matt Vespa wrote,

There’s media silence in Minneapolis over an attack executed by a group of Somali teens that reportedly attacked bystanders East Bank Light Rail station last Friday. It looks like it was racially motivated. According to reports, anyone who was white or looked like they had money was targeted. The teens used hammers and bars as weapons. … [T]here’s been literally no media coverage of this attack. The only outlet to even mention or ask about it was the crime watch site “2ndPrecinct  Minneapolis Crime Watch and Information. They posted on their Facebook page to note that this attack did happen and that “We were told that we were the ONLY media to inquire to MPD about it. Further proof of our “incurious” local lamestream media”

Several conservative sites, including the frequently dubious Red State and the Granddaddy of Them All, Instapundit, passed on the story in the same vein, hinting darkly that the news media was burying this story because it evoked Muslim-on-white “hate crime”, and because the Left is circling the wagons around besieged Somali immigrant, Rep. Ilhan Omar (D-MN).

The episode began with a police call, in  a police dispatcher states:

“[University of Minnesota Police Department] is asking for assistance from Metro Transit [Police] and Minneapolis [Police] for a group of eight to 10 males at the East Bank light rail station chasing people around with hammers. They do have some people injured. They’re sending us more information, but they’re requesting assistance.”

The rest of the story seems to have been based on an alleged eye-witness report posted on Facebook  by“Jay Hall,” who  wrote “… It was a group of Somali young males with hammers and bars. They were attacking anyone who looked like they had money or were white.”

However, by the time the episode had played out, police were describing it like this in the  report on the incident,:

Around 9.45 p.m. on Saturday 17 May, UMN police officers were dispatched to the East Bank train station on Washington Avenue Southeast, next to the University of Minnesota, after receiving reports of a group of Somali youths with weapons.

Officer Amanda Carlson:

“Upon arrival to the East Bank LRT I saw a group of Somali juveniles running away from officers traveling westbound on Washington Ave SE and turn southbound between Moos Tower and [the] Molecular and Cellular Biology building. I ran after them and heard officers yelling at the juveniles to stop. I turned onto Delaware St SE where officers had several Somali juveniles lying prone with their arms spread out. I placed a male….in handcuffs and performed a search incident to arrest. All other parties were placed in handcuffs and detained by other officers that had arrived on scene…Through further investigation, it was found that …[they were] the two individuals brandishing metal pipes towards others on the light rail platform. Dispatch sent recorded images of the incident on the East Bank LTR which showed [them] holding a metal pipe and handing it to [each other] [They] were placed in the rear of a squad car and transported to UMPD by Officer Brackett….All other parties that had fled on foot and were detained were ultimately released from police custody at the scene. I issued a citation … for disorderly conduct as he engaged in offensive, abusive, boisterous and noisy conduct tending to arouse alarm, flee police as he attempted to evade or elude peace officers, who were acting in the lawful discharge of official duty, by means of running, and false information to police as he provided a fictitious name and false date of birth.”

Carlson further wrote that two metal pipes were taken from the two young men who received the citations. Continue reading

Afternoon Ethics Respite, 5/22/2019: The Stupid Edition, With A Poll

Good afternoon, Music Lovers!

[Unrelated to the Stupid theme, but of interest: my mostly Democratic audience for today’s sexual harassment training  had no sympathy whatsoever with Joe Biden’s shameless groping, nor with his party’s hypocrisy in supporting him (so far.) Another interesting exchange—I was ready for the question—was when an attendee asked about “the current occupant in the White House” and his sexual harassing ways. “Has he harassed anyone while President?” I asked. She said, “Not that we know of.” Then I put up one of Uncle Joe’s groping photos. “How can a party that nominated someone who openly harasses women on camera challenge same but speculative conduct by the President?” I asked.

It’s also interesting that the un-American and unfair concept of presumed misconduct has so infected progressive thought where Donald Trump is involved. This was the answer I got repeatedly from one of our Self-Exiled Warriors of the Left before his exit: he knew that the President had colluded with the Russians and stolen the election because that’s just the kind of person he is.

What kind of governments oppress, accuse and punish people based on the kind of person they are?]

Stupid #1. In my back yard of  Richmond, Virginia, a woman left instructions in her will that Emma, a healthy Shih Tzu mix, be put down. The Chesterfield County Animal Services , where Emma was residing, appealed to the executor of the dead woman’s estate. “We did suggest they could sign the dog over on numerous occasions — because it’s a dog we could easily find a home for and re-home,” said Carrie Jones, manager of Chesterfield County Animal Services. Nope. Representatives took Emma in custody to be euthanized. The dog’s remains were cremated, and her ashes were placed in an urn to be returned to the “authorized representative of the estate.

There’s no excuse for this screaming example of human arrogance, narcissism, cruelty and idiocy. As a matter of public policy, testamentary wishes involving the killing of anything  should be declared unenforceable by law.

Trust the humans, Emma: they have decided that you’ll be happier dead.

Stupid #2: Boy, I don’t know if Kamala Harris is beatable in the Ethics Alarms contest to be the worst candidate for the Democratic nomination.

To begin the week,, Harris announced  her plan to close “the gender wage gap in the United States,” which is largely a fake talking point the Democrats have been flogging for decades. Her proposal would require that businesses submit  their payroll to the federal government, and if employees in the same position are not paid the same (absent legitimate reasons like seniority or merit, the company would face fines, including a fine of 1% of the company’s profits for every 1% of a “wage gap” that exists.—after expensive appeals, of course. Good plan!!!

But I digress. After Harris’s announcement,the Washington Free Beacon  investigated her own staff’s salaries and found the the median male salary disbursement was $34,999 and the median female salary was $32,999, a 6% gap.

How smart, responsible and competent would a candidate have to be to make certain that her own staff salaries showed nothing that could even be claimed to be a “gender gap”by grandstanding a proposal like hers?

Not very, but apparently Harris can’t even clear that low bar. Continue reading

Ethics Alarms Flashback Post Of The Week: “Ethics Quiz: The Sensitive Cop’s Facebook Confession”

[A  while ago I wrote that I might periodically re-post one of the more than 2000 Ethics Alarms essays that have appeared here since 2009. The criteria? Let’s see:

  • A post that I have completely forgotten about, and don’t remember even after I’ve read it again.
  • A post that may be interesting to consider in light of subsequent developments since it was written (in this case,  social media posts triggering workplace discipline, and police-community relations)
  • A lively discussion in the comments.

I think this post, based on a find by now-retired Ethics Alarms super-scout Fred, qualifies on all counts. It’s from May of 2014.]

“If there was any time I despised wearing a police uniform, it was yesterday at the Capitol during the water rally. A girl I know who frequents the Capitol for environmental concerns looked at me and wanted me to participate with her in the event. I told her I have to remain unbiased while on duty at these events. She responded by saying, ‘You’re a person, aren’t you?’ That comment went straight through my heart!”

Thus did Douglas Day, a police officer at the West Virginia Capitol in Charleston, confess to Facebook friends his mixed emotions while doing his duty.

For this he was fired.

The day Day wrote his Facebook post, Capitol Police Lt. T.M. Johnson told him  that the post “shows no respect to the department, the uniform or the law enforcement community which he represents.”  About a week later, Sgt. A.E. Lanham Jr. wrote to Day that he “found the entire [Facebook] posting to be extremely offensive and shocking … This is just another episode of many incidents which show his bad attitude and lack of enthusiasm toward police work in general and toward our department in particular.”

Day was thunderstruck. “If they believed there was some sort of a violation I made, then why wasn’t it addressed? They never brought me in and never said anything to me,” Day said. “In 2½ years working there, I had no disciplinary action taken against me at any time. Nothing was ever written up and I received no reprimands.” So much for the “many incidents.” Continue reading

Ethics Warm-Up, 2/8/2019: Coming Out Of My Green New Deal-Induced Coma Edition

Good afternoon!

Sorry; this was all set to go up by 10 am until I read the Green New Deal, and it sent me back to bed.

1. Green New Deal-related, he typed warily: Let’s see if the news media and pundits are as scrupulous about transparent flip-flops when they come from a cute socialist. During an interview with NPR, host Steve Inskeep pointed out to Rep. Ocasio-Cortez how much government involvement it would take to implement the so-called Green New Deal,” She responded,

“It does, it does, yeah, I have no problem saying that. Why? Because we have tried their approach for 40 years. For 40 years we have tried to let the private sector take care of this. They said, ‘We got this, we can do this, the forces of the market are going to force us to innovate.’ Except for the fact that there’s a little thing in economics called externalities. And what that means is that a corporation can dump pollution in the river and they don’t have to pay, but taxpayers have to pay.”

Then, a few hours later, Chuck Todd that same day asked Ocasio-Cortez about the same issue: wouldn’t this require a massive government take-over of private enterprise? This time, she resorted to Authentic Frontier Gibberish and said:

“I think one way that the right does try to mischaracterize, uh, what we’re doing as though it’s, like, some kind of massive government takeover. Obviously, it’s not that, because what we’re trying to do is release the investments from the federal government to mobilize those resources across the country.”

When the truth proves unpalatable, resort to double talk. There is no reason to trust anyone who does this. They are trying to deceive you.

2. But—But–I thought putting Kavanaugh on the Court meant that abortion was doomed, since all the justices appointed by Republicans vote in lockstep! The issue was whether a Louisiana law that required doctors to have admitting privileges in hospitals before they could provide abortions should be stayed pending a Supreme Court challenge. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh wanted to deny the stay, with Kavanaugh writing in part,

[E]ven without a stay, the status quo will be effectively preserved for all parties during the State’s 45-day regulatory transition period. I would deny the stay without prejudice to the plaintiffs’ ability to bring a later as-applied complaint and motion for preliminary injunction at the conclusion of the 45-day regulatory transition period if the Fifth Circuit’s factual prediction about the doctors’ ability to obtain admitting privileges proves to be inaccurate….

The law has not yet taken effect, so the case comes to us in the context of a pre-enforcement facial challenge. That means that the parties have offered, in essence, competing predictions about whether those three doctors can obtain admitting privileges….

Before us, the case largely turns on the intensely factual question whether the three doctors—Doe 2, Doe 5, and Doe 6—can obtain admitting privileges. If we denied the stay, that question could be readily and quickly answered without disturbing the status quo or causing harm to the parties or the affected women, and without this Court’s further involvement at this time…. [D]uring the 45-day transition period, both the doctors and the relevant hospitals could act expeditiously and in good faith to reach a definitive conclusion about whether those three doctors can obtain admitting privileges….

Roberts joined the four Democratic appointees—the liberal wing, natch—to allow the stay. Conservatives are horrified, but all this means is that he’s evaluating the case on its merits as he sees it, not following a pre-determined ideological script in lock-step fashion, like, say, the four liberal justices he voted with.

It’s called integrity and independence. Good for Roberts. Maybe he can persuade other justices to view their roles similarly. Continue reading

My Favorite Christmas Story Of 2018: The Magic Of “White Christmas”

It looked like it was going to be a bloody Christmas tragedy. Nathaniel R. Lewis, 34, of East Vincent Township in Pennsylvania, had snapped on Christmas night.

He barricaded himself inside his home, about 42 miles west of Philadelphia, and fired shots at eleven police officers with his rifle during a 10-hour standoff. Lewis was distraught after separating from his wife before Christmas.  Nobody had been hurt in the exchange of gunfire, but the tense confrontation lasted from approximately 7:30 p.m. on Christmas until 7:00 am the next morning, and a peaceful ending was hardly a certainty. Then Lewis told the SWAT  team that he might calm down and surrender if the negotiator would sing “Nat King Cole’s version” of “White Christmas” for him.

So the  officer sang “White Christmas,” not quite like Nat, presumably—nobody sang like Nat—but close enough. Lewis  came out of the house and surrendered to police. He now faces 11 charges of attempted homicide of a police officer. Continue reading