PAX Centurion - March / April 2015

www.bppa.org PAX CENTURION • March/April 2015 • Page 23 Legal Thoughts: Kenneth H. Anderson, Esq. Byrne & Anderson, L.L.P., Counsel to Members of the Boston Police Patrolmen’s Association April thoughts See Anderson on page 27 M y junior high school friend Joe Crimmins wrote the following words in my ninth grade year book: “Illegitimi Non Carborundum.” Loosely translated from Latin, this phrase means “don’t let the bastards wear you down.” These were my thoughts while watching some extremely disciplined and tolerant Boston police officers, including Superintendent-in-Chief William Gross, as they dealt with the angry and ignorant crowd that gath- ered after the recent police-involved shooting on Humboldt Avenue and Ruthven Street. In this world, there are people who still claim that the Holocaust never happened. There are those who believe that the United States govern- ment orchestrated the September 11, 2001 attacks on theWorld Trade Center. There are some people who always want to fight, and there are some people who are only happy when they are unhappy. Somewhere amongst these groups are people who feel that the police officers should have simply tackled the armed individual who had just shot Officer John Moynihan in the face on March 27, 2015, even though this person continued shooting at the police. These are people who think police should be trained to shoot a gun out of a suspect’s hands, and there are those who thing that police should carry two guns, one with real bullets and one with rubber bullets so police do not have to ever harm anybody. They don’t care if the police officers are injured or killed, just don’t hurt the criminals. No matter what you do or how you respond, you will never win with these people. In nearly every Pax article I write, I comment that your job is not easy. This was again driven home to me by the events of March 27, 2015 ending at the intersection of Humboldt and Ruthven. The polic- ing itself that brought about the traffic stop was first rate. The reaction and bravery of the officers at the scene as the shooting unfolded was remarkable, and the restraint and poise shown by those at the scene in the aftermath made me proud to be associated with you all.You will never win an argument with someone who calls you “savages” and “unf*@%ing civilized” as I saw on oneYouTube video. Minor- ity officers were insulted and told that they “should be ashamed of themselves.”White officers were called “murderers.” One nitwit asked Superintendent-in-Chief Gross “Y’all don’t have no protocol, any other way?You gotta shoot somebody?” On the now-deleted YouTube video, Chief Gross replied “Did you hear the part where he shot the officer in the face?” This person then told Chief Gross “It’s war right now.” Although officers tried to reason with people in this crowd, there was no point in even trying. The restraint shown by all of the officers at that scene by not overreacting to this hostility was indeed impres- sive. People were allowed to vent, yet they were not provoked. In this age of cell phone cameras, one officer’s reaction out of frustration would surely cause problems for all of the police. Here, the officers bit their tongues, despite the obvious human urge to shout back or to smack someone. Boston is not only a thou- sand miles away from Ferguson, Missouri, but also light years ahead of them. Following Bill Belichick’s mantra of “do your job,” you all did your job tremendously well. Follow the advice I got in my junior high year book, “Illegitimi Non Carborundum.” It is what it is. Don’t let these nitwits get you down. While the officers on the street are to be commended for their vigilance and professionalism, the same cannot always be said for the third floor west wing of Schroeder Plaza. Webster’s Dictionary defines the word “neglect” as meaning “to give little attention or respect to: DISREGARD ” and “to leave undone or unattended to especially through careless- ness.” This definition is consistent with Rule 102, §4 of the BPD Rules and Procedures which describes “Neglect of Duty” as “any conduct or admis- sion which is not in accordance with established and ordinary duties or procedures as to such employees….” In my time represent- ing patrol officers in disciplinary proceedings, many officers have been accused of neglecting their duty. It seems that this standard for neglect of duty applied to the rank and file does not apply to the Internal Affairs Division. I recently heard of a Sergeant Detective at Internal Affairs being tasked with determining whether a search and seizure incident from nine years ago constituted a lawful stop. I am still waiting to get findings from Internal Affairs for an officer who was interviewed by Internal Affairs inApril of 2010 for an incident alleging that this officer was untruthful in testimony given during a Civil Service hearing in February of 2009. The Complaint was taken out against this officer by a Department attorney and now -- five years after the IAD interview and six years after the Civil Service hearing -- there is still no answer. Internal Affairs cases from 2011 and 2012 are now being investigated for the first time, and we all know that this is not the fault of the Sergeant Detectives. It is not the Sergeant Detectives who assign the cases and it is not the Sergeant Detectives who ensure that an investigation is completed. It is the bosses. Going back to my Webster’s Dictionary, does it sound like this work was left undone or unattended to, especially through carelessness?You do not need to answer. We all know it does. Over the years, the Superintendents and Deputies in charge of Internal Affairs have changed. The Lieutenants have come and gone, and Sergeant Detectives have regularly been rotated in and out of the Internal Affairs Division, many leaving uncompleted investigations on their desks as they walked out the door. Unlike you, who must be accountable for your work, this amorphous crew we know as Internal Affairs is not held accountable for any of the disorganization associ- ated with it because every new person simply points to the mess left behind by those before them. Through all of this, isn’t it someone’s job to hold people accountable and make sure that investigations were completed? For some strange reason, no one has been charged with