Mayor Bell concerned about DPD protecting civil rights?

Mayor Bill Bell says he understands the Civil Rights Commission is concerned that the Durham Police Department is protecting people's civil rights, and that he is too. According to this WRAL story. The Mayor wants the DPD to make a report to city council by next week. He wants to know what the DPD investigation shows even if the police department does not know what the State Bureau of Investigation investigation has turned up. Here are some questions that the DPD should be able to answer: (1) Did Officer Duncan check his patrol car before going on shift and each time he left the car during his shift? I am not a police officer, but I have found out that it is a "best practice" for police officers to thoroughly check their patrol cars before they go out and again every time they transport someone in the patrol car. The DPD's professional responsibility and training officer assigned to this case should have an answer to that question. (2) How did thorough was officer Duncan's search of Jesus Huerta when he was arrested? PR&T may not have an answer for that. They may have tossed that issue to the SBI. Still, the DPD has said in their pressers that Duncan did search Huerta upon arrest. If we accept, and I do, that Duncan didn't just shoot Huerta, the gun had to be concealed on Huerta's person or it had to be left in Duncan's patrol car. Neither situation is good for Duncan. But, the longer the DPD tries to cover up what went on, the worse it looks for the force.

Chief Jose Lopes on Facebook

Chief Lopez went to Facebook Sunday to post this: "From Durham Police Chief Jose L. Lopez Sr. - We are aware of the many questions and concerns that are being raised by the community regarding the police action after the vigil/protest march on Thursday, December 19, 2013. We understand that the limited information that has been provided thus far has created questions, concerns and stirred emotions. Please understand that our decision was not entered into lightly and distressing the communities of Durham was not our intent. As information becomes available we will work to provide it. After any major police action in the city a thorough review of the incident is conducted. A review of this incident will include, but is not limited to, assessing the tactics used, intelligence gathered, videos, literature collected, feedback and deployment decisions before, during and after this event. We will be hearing from others outside of the organization and will be transparent in communicating the findings. With the logistical challenges of the holiday season, we will work to be as prompt as possible with this review. Although we hope that such an incident does not repeat itself, we will learn from this incident and work to improve our practices wherever possible." I applaud Joe Lo trying to reach out through new media. If you read the comments to his post, there are some positives. Troubling is the comment about the "provocation" being writing with chalk on the street. That seems not very provocative. Another concern is how the DPD seems to be limiting the flow of information. We saw in the lacrosse fiasco how the DPD tried to limit information and when it all came out, it was, well, a fiasco. The main point here is this very unfortunate death has spawned a large measure of suspicion of the police. The police response to the protests has done nothing to help the situation. I close in calling for an independent monitor of the Durham Police Department. A monitor with the power to review, either on his own initiative or upon citizen complaint, the actions, and policies of the Durham Police Department.

Huerta update

Gunshot residue was found on Jesusu Huerta's gloved hands, but none on the officer's. So says Chief Jose Lopez in a presser this morning. Why is it that Joe Lo only has pressers after a demonstration? The guy needs to be proactive, not reactive. At some point the City Manager, Tom Bonnfield will have enough and find a new chief or get this one to start giving out information to avoid any more of these near riots. Walt-in-Durham

Becoats resigns!

Eric Becoats, Durham Public Schools Superintendent has resigned. His last day will be December 31, 2013. Too many problems for him to stay. Let's recap. First there was using the activity bus to haul his family to the mall. Really? Sadly, really. Second there was using the school system credit card for personal expenses. Latest and worst, was the miscalculation of the funds budget. Becoats told the board and the board told the county commissioners we only had $4.0 million in the reserve fund after all expenditures for the fiscal year. An audit revealed we had $15.0 million! OOPS!!!!

A guy who is supposed to be a financial genius can't miss by 275% and keep his job. Well done Heidi Carter and the rest of the board. Now, lets organize a good search and bring in a Superintendent who is worthy.

Walt-in-Durham

Another protest, and now tear gas!

Another protest tonight about the Jesus Huerta case. WRAL is reporting things went badly. Protesters gathered at the CCB plaza and marched to Police HQ. Police formed a line and turned the protesters around and went back to the CCB plaza. Back at the CCB plaza, some protesters got rowdy and police used tear gas.

Friends, this is not good. Young Huerta was no choir boy, but there need to be answers about how and why he died of a gun shot wound while handcuffed in the back of a police car. Seven years ago, Durham Police participated in the largest criminal hoax in NC and it badly stained their reputation. This year, it's just as bad. Don't they learn? Get an investigation going, release details and if necessary, call in the DA. But, delaying information only makes the situation worse, not better.

Walt-in-Durham

Huerta family seeks FBI investigation

The family of Jesus Huerta is seeking an investigation of the DPD by the FBI, so says WTVD.  The SBI investigation has been ongoing since November 19 when Jesus Huerta was shot in the head in the back seat of a DPD cruiser while in the custody of Officer Samuel A.M. Duncan. What little information that has come out seems to indicate that Officer Duncan's gun was not discharged. That leads to the question, how did Huerta get a gunshot to the head?

Two reasonable explanations: (a) Huerta was not frisked properly and Duncan did not discover a gun in Huerta's possession and (b) Duncan did not check the patrol car assigned to him and there was a gun left behind by someone else. Neither explanation is particularly good for Officer Duncan.

The next question, why is Jose Lopes being so secretive? The SBI has a policy of not discussing ongoing investigations. But, the DPD and the City of Durham can comment about what they know, if they want. So far, Lopes has had little to say. The 911 tapes have been released under the state open records law. They are chilling, but don't answer the big questions in this case.

Judge Schroeder has also weighed in.

As you may recall, Sid filed suit against Judge Schroeder. After making some ridiculous charges against Schroeder, it turns out Sid just named him to keep Judge Schroeder from hearing his latest case. Well, now, Judge Schroeder has weighed in.

Walt-in-Durham

Duke seeks sanctions against Sidney Harr

Well, as predicted Duke has filed a motion for sanctions under Rule 11(b) of the Federal Rules of Civil Procedure. Here is Duke's warning letter to Sidney. And, here is Sid's reply to Duke's warning. Under Rule 11 practice, the party seeking sanctions must notify the opposing party and try to resolve the issue before seeking sanctions. Sid seems to go out of his way to make Duke look good. his reply is non-responsive to the point of being rude. He is judgment proof, but I suspect Duke is looking to get an order prohibiting Sid from filing any more litigation without first obtaining permission of the court.

Walt-in-Durham

Julius Nyang'oro indicted in UNC academic scandal.

Turns out, the grand jury in Orange County is looking at academics. WRAL is reporting that Julius Nyang'oro has been indicted for obtaining property by false pretenses.

N.C.G.S. 19 § 14-100 the statute under which Nyang'oro is charged provides in relevant part: "(a) If any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value, such person shall be guilty of a felony...."

The facts alleged in the indictment speak only to one no-show class. According to the article and the Martin investigation, Nyang'oro's last pay check was garnished by the University for the amount paid him to teach the class. Of course, $12,000 is meaningless to the UNC system. The point they are trying to make is though. Professors do need to be held to a minimal standard. And that standard includes actually teaching the classes they are paid to teach. What Nyang'oro allegedly did, was teach nothing and hand out grades to all who signed up. A complete fraud. Nyang'oro's crime was not just against the University, or even the people of North Carolina. He also stole the opportunity to learn from the students who enrolled in his no-show course.