Special Prosecutor Legislation NABE Governmental Affairs Workshop - PowerPoint PPT Presentation

Special Prosecutor Legislation NABE Governmental Affairs Workshop November 10, 2017

Existing Legislation • Connecticut – Requires that in the event of a use of deadly force, the agency employing the officer not conduct the investigation or assist in determining the circumstances of the incident. – Requires that when an officer uses deadly force the Chief State’s Attorney must appoint a special prosecutor from a different judicial district or a special assistant state’s attorney to determine whether the use of deadly force was appropriate. • Colorado – Requires a multi-agency team to conduct an investigation, evaluation and review of an incident involving a firearm that results in injury or death.

Existing Legislation (con’t) • Wisconsin – Requires an investigation by two investigators, neither of whom is employed by a law enforcement agency that is involved in the deadly force. – Requires the public release of the investigators’ report in the event the District Attorney decides not to prosecute the use of deadly force. – Requires that investigators provide information to affected families on how to file complaints and pursue charges through a judge if they disagree with the District Attorney’s decision. • South Carolina – South Carolina has a practice of local police departments handing over investigations of officer-involved shootings to the State. – The Supreme Court of South Carolina has also appointed an outside judge to preside over all matters relating to the murder case that resulted from officer use of deadly force in the shooting death of Walter Scott.

Special Prosecutor Committee Members • Ed Dowd - served seven years as U.S. Attorney for the Eastern District of Missouri, led the Waco investigation and countless internal investigations. • Gabe Gore - Ferguson Commission member; served five years as an Assistant U.S. Attorney for the Eastern District of Missouri and has led numerous investigations. • Jim Martin - served as U.S. Attorney for the Eastern District of Missouri and has led numerous investigations. • Kelvin Westbrook - served as a partner at Paul Hastings and is the current Chair of BJC HealthCare Board of Directors.

Citizen-Law Enforcement Relations Working Group Members: • Daniel Isom – Ferguson Commission (Co-Chair); Former Police Chief, St. Louis Metropolitan Police Department • Brittany Packnett – Ferguson Commission (Co-Chair); Member, President Obama’s 21 st Century Policing Task Force • Kevin Ahlbrand – Ferguson Commission; President, Missouri Fraternal Order of Police • Karen Aroesty – Regional Director, MO/IL at Anti- Defamation League

Citizen-Law Enforcement Relations Working Group Members: • Jamel Santa Cruze Bell – Special Assistant to the President for Strategic and Diversity Initiatives, Eureka College • T.R. Carr – Ferguson Commission; Former Mayor of Hazelwood, MO; Former Professor of Public Administration and Policy Analysis, Southern Illinois University Edwardsville • Marius Johnson Malone – Community Activist, Better Together • Richard Rosenfeld – Professor of Criminology and Criminal Justice, University of Missouri-St. Louis

Primary Recommendation: Prosecution • We recommend that the Attorney General serve as the special prosecutor in all cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths.

Primary Recommendation: Investigation • We recommend that the Missouri Highway Patrol create a task force with the requisite training and expertise that would be responsible for leading the investigation in all cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths. • In cases where the Missouri Highway Patrol is the agency involved in a case of police use of force resulting in death, an officer-involved shooting resulting in injury or death, or an in-custody death, the Attorney General shall be permitted to exercise his or her discretion to select members of non-involved law enforcement agencies to lead the investigation.

Interim Recommendation: Prosecution • We recommend that Missouri courts having criminal jurisdiction over prosecutions interpret the Missouri statute that governs the appointment of special prosecutors as requiring the appointment of a special prosecutor where the court believes that there is even an appearance that the prosecuting attorney is “interested.”

Interim Recommendation: Investigation • We recommend that each major police force create a task force of diverse and experienced investigators to investigate all cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths. • These law enforcement agencies should then enter into agreements to have their task force lead investigations of other law enforcement agencies in all cases of police use of force resulting in death, officer- involved shootings resulting in injury or death, or in- custody deaths.

Pending Missouri Legislation • There are more 30 states, including Missouri, that have pending legislation regarding special prosecutors in police officer use-of- force cases. • House Bill 1802 – This bill allows a member of the public to file an affidavit requesting that the court appoint a special prosecutor to determine if a prosecuting attorney should recuse himself or herself if the prosecutor’s impartiality might reasonably be questioned.

Pending Missouri Legislation (con’t) • House Bill 1560 – Requires a judge to appoint a special prosecutor when a prosecutor files charges or receives a complaint against a law enforcement officer arising out of an officer- involved shooting. – The bill would then require the special prosecutor to take over prosecutorial duties until the final disposition of the case.

Pending Missouri Legislation (con’t) • Senate Bill 763 – Requires the Attorney General to appoint a special prosecutor in the event of a law enforcement officer using deadly force or seriously injuring an individual via firearm. – The special prosecutor would be granted the power and authority to file a criminal complaint, information, or affidavit against the officer. – Changes the deadly force standard to require that an individual poses a clear danger to the officer or other person.