Will Justice Department investigation of Cleveland Police Dept. yield results?

By Starla Muhammad -Staff Writer- | Last updated: May 6, 2013 - 12:59:24 PM

Demonstrations protest police shooting in Cleveland, Ohio. Photo: Raj Roberson

(FinalCall.com) -0 In the weeks since the U.S. Justice Department announced its investigation of the Cleveland Police Department for allegations relating to excessive and deadly force, community activists say they are cautiously optimistic about the outcome. Community leaders and others were scheduled to meet with Justice Department officials April 29 says Amir El Hajj, a long-time Cleveland activist and co-founder of a Coalition for a Better Life.

“They’re going to be interviewing individuals, leaders of organizations, civil rights groups, activists, organizations starting on Monday, they’re coming in,” says Mr. El Hajj.

The investigation does not stem from one individual case, but for many in Cleveland’s Black community, the police shooting and killing of Malissa Williams, 30 and Timothy Russell, 43 after a high speed chase November 29, 2012 is the high profile case symbolizing what they say is wrong with the Cleveland PD.

Dubbed “The Cleveland Atrocity,” at least 59 law enforcement vehicles chased the unarmed couple culminating in cops firing 137 shots into their vehicle, 47 of the rounds hitting Ms. Williams and Mr. Russell, killing them both.

In response, activists began mobilizing meetings, rallies, protests and among other demands, called for an independent investigation by the Justice Department of the Clevend PD. The Justice Department announced its investigation, March 14.

Cleveland Police Chief Michael McGrath

The investigation will focus on “allegations that CPD officers used excessive force, including unreasonable deadly force, and on the adequacy of CPD’s training, supervision, and accountability mechanisms that are essential to effective, constitutional policing,” said the Justice Department.

It will be a civil not a criminal investigation according to Assistant Attorney General Thomas E. Perez, head of the Justice Department’s Civil Rights Division.

Frances Caldwell, also a Cleveland community activist said she had “mixed” feelings when she first heard Atty. Perez announce the pending investigation partly because of reports he was being considered by President Obama to head the U.S. Department of Labor.

Mr. Perez’s confirmation hearing has been delayed until May 8 according to reports. How this would potentially impact the Cleveland investigation is not clear.

According to www.clevelandchallenger.com, convictions of Cleveland cops for law violations is rare.

“No U.S. Attorney in the northern Ohio district has prosecuted local cops for violating the Violent Crime Control and Law Enforcement Act since its inception under President Bill Clinton in 1994,” says the Black-owned and run news site.

Ms. Caldwell was also concerned the current investigation was not a criminal probe.

“He (Atty. Perez) made it clear that he was not there to investigate individual police. ‘Like I’m not here for the 13 cops that murdered the people, I’m here to investigate the Cleveland Police Department or look to wha’s their policies and practices’. So I was kind of like, “Wow”. I thought he was going to come and specifically deal with this case but he claimed that they were on their way to Cleveland anyway. That’s what he said. Whether that’s true, I don’t know,” she says.

John A. Boyd, a former Cleveland City Council candidate was pleased when he first heard of the investigation but also wants to see what happens.

“My heartfelt sentiments are cautiously optimistic and that’s pretty much I think the sentiments of the community. Folks that I have talked to and spoken with, they’re delighted of course, but still cautiously optimistic and hopefully we, the people in the community will get a fair and impartial review of the facts and let the chips fall where they may,” said Mr. Boyd.

Mr. El Hajj, is pleased that a diverse coalition of community organizations will be part of the April 29 meeting with Justice Department officials.

“There was no way to get around it. We made it clear that it has to be representation from all of the diversity within the African American community. When we said ‘authentic diversity’, that’s what we meant,” he explains.

“That’s not to take away from any leaders or any organizations but we all know that our community is made up of organizations of which the Muslim community has been and continues to be at the vanguard of issues dealing with human rights violations, civil rights violations, civil liberties and other issues in our community,” says Mr. El Hajj.

Officials have already met with Cleveland Mayor Frank Jackson, Director of Public Safety, Martin Flask and Police Chief Michael McGrath. The Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio are jointly conducting the investigation.

The Final Call reached out to the Justice Department for comments, including how long the investigation is liable to take to complete. Department spokesperson Dena Iverson via email stated their department “cannot comment on ongoing investigations.”

DOJ officials have set up avenues for people in the community with relevant information to report it to [email protected] or 202-307-6479.

Mr. El Hajj says it is important for the community not to be silent despite the ongoing investigation. He says during recent meetings with representation from dozens of community groups, they agreed to continue holding public rallies as well, including one also slated for April 29 at City Hall.

Ms. Caldwell said it is also important the make-up of Justice Department officials conducting the investigation are Black as they may be more sensitive to “what has been going on.” She added she still cannot help being a little skeptical due to allegations of what she called “corruption” on the political level.

The Justice Department was also called into the city in 2002 to investigate the police department and the Central Prison Unit and Holding Cell Facilities.

Eleven years later, what changes if any will occur with this investigation remains to be seen.

“We’ve been down this road before with this Cleveland Police Department and their abusive tactics and behavior in the community, particularly in the Black community. There was a mandate set down, I believe in 1993, and nothing ever came out of it. There was no changes. Here we are again going down the same road,” says Mr. Boyd.

After meeting with Justice Department officials, leadership will in turn meet with the community and tell them what is discussed during the meetings to make sure residents are aware of what is happening says Mr. Hajj.

“There was a consensus, we’re all supposed to come there and the other thing is also to encourage people to find their voices and to come out, be visible and present,” he says.

Mr. El Hajj added, “We know there’s a culture that has to be changed. It’s systemic and so consequentially it’s like the old proverbial story about turning an aircraft carrier around in the middle of the ocean, you know it’s going to take a minute. But we’re in motion, the turn is taking place.”

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