[Scan-DC] D.C. FOP: More retaliation under Chief Lanier
Dewey3
dewey3 at gmail.com
Fri Nov 8 06:59:00 EST 2013
Most interesting indeed Alan. This can probably said to every Chief who
claims that complete encryption is because of the "bad" monitors. So now,
what about the "good" monitors who have our best interest at heart?
Dewey
On Fri, Nov 8, 2013 at 1:38 AM, Alan Henney <alan at henney.com> wrote:
>
> Interesting to note the implications of the radio recording mentioned and
> the use now of encryption -- for practically all MPD talkgroups.
>
> We must rely on whistleblowers who put their careers at risk if everything
> is encrypted.
>
> What news outlet obtained the recording? Anybody have the link to the
> story?
>
>
> D.C. POLICE UNION UPDATE
>
> FRATERNAL ORDER OF POLICE,
>
> METROPOLITAN POLICE DEPARTMENT LABOR COMMITTEE
>
> MORE RETALIATION UNDER CHIEF LANIER
>
> D.C. JURY FINDS THE METROPOLITAN POLICE DEPARTMENT RETALIATED AGAINST A
> POLICE OFFICER
>
> November 11, 2013
>
> Officer Wendell Cunningham, a sniper on the Metropolitan Police
> Department's Emergency Response Team (ERT) received a verdict in his favor
> from a jury in D.C. Superior Court late Wednesday. The unanimous jury of 8
> determined that Officer Cunningham blew the whistle and made protected
> disclosures when he reported improper interference by high ranking members
> of the Department's management at the scene of a barricade in May 2009.
>
> The jury determined that the Department launched a retaliatory internal
> affairs investigation and illegally attempted to suspend Officer Cunningham
> from the force for his disclosures. The incident involved a callout of the
> ERT to a home where an armed and wounded suspect had barricaded himself
> alone inside the home. The ERT arrived at the scene and highly trained ERT
> negotiators began communicating with the suspect in an effort to secure a
> peaceful surrender. The suspect was involved in active negotiations with
> ERT and appeared poised to surrender when high ranking officials of the MPD
> arrived at the scene.
>
> The high ranking officials at the scene included Chief of Police Cathy
> Lanier and Assistant Chiefs Patrick Burke and Michael Anzallo. During the
> period of active negotiations, the high ranking officials began to pressure
> the ERT to deploy gas munitions to force the armed suspect out of the home
> where he was barricaded. The gas order would have most certainly resulted
> in a shootout between the armed suspect and the ERT members on the scene.
> In addition, one member of management issued a "greenlight" order
> authorizing snipers to shoot the suspect on sight. When the gas
> deployment order was given to the ERT team, the tactical members
> immediately expressed their objection to the order and eventually disobeyed
> the order believing it to be an illegal order. After disobeying the order,
> the ERT team was able to peacefully resolve the matter without incident or
> injury. At the conclusion of the barricade, the members of upper
> management were advised that the order to deploy gas m
> unitions and to shoot the suspect on sight were illegal and they were
> asked to attend a debriefing at the ERT's offices in order to discuss the
> jeopardy that they had placed the members of ERT in as a result of their
> improper order. The members of management involved refused to attend the
> debriefing or acknowledge their improper interference.
>
> At the debriefing, the lieutenant who was ordered by command officials to
> issue the gas deployment order advised the members of ERT that the order
> came from above, and implicated Chief Lanier and former Mayor Adrian Fenty.
> Officer Cunningham, who oversaw the safety committee charged with
> investigating Department safety-related matters, received several
> complaints from members at the barricade scene regarding the
> life-threatening safety issues caused by these improper orders. Officer
> Cunningham opened a safety committee investigation in the matter and the
> committee began asking for meetings with command officials in an effort to
> resolve the ERT members' safety concerns. When Department management
> learned of the safety committee investigation, it initiated an
> investigation into Officer Cunningham, which ultimately lead to a
> disciplinary action to suspend him from the force.
>
> Unbeknown to these high ranking officials, the gas deployment order and
> the improper interference was captured on a recording of the radio channel
> used during the incident by ERT. During his investigation, Officer
> Cunningham obtained a recording of the ERT channel on the night of the
> barricade. The recording confirmed the improper gas order and the
> interference by members of upper management. The recording was also
> significant because Department leaders previously misrepresented to the
> media what occurred at the barricade and they were facing questions
> regarding their own misconduct at the scene. The ERT recording was
> eventually obtained by the media and embarrassed the command officials
> involved in pressing the gas order.
>
> After a weeklong trial featuring testimony from various police officers
> and high ranking officials including Assistant Chiefs Burke, Anzallo, and
> Alfred Durham, as well as Captain Jeffrey Herold, a unanimous jury took
> less than a day in deliberations to conclude that the Department improperly
> retaliated against Officer Cunningham for his whistle blowing.
>
> Under the D.C. Whistleblower Protection Act, after a finding in favor of
> the plaintiff, the plaintiff is entitled to seek the imposition of fines
> and discipline against the retaliating government employees. The jury's
> verdict in this case vindicates Officer Cunningham and provides an example
> of why the District needs strong protective legislation in this area.
> Officer Cunningham exposed wrongdoing that could have resulted in the loss
> of life. Officer Cunningham intends to seek the full relief provided for
> under the D.C. Whistleblower Protection Act, including fines and discipline
> against all of the command officials who participated in the retaliation
> against him. The matter remains pending before Judge Judith Bartnoff for
> resolution of these outstanding remedies provided for under the
> Whistleblower Protection Act.
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