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News (Media Awareness Project) - US TX: Column: Don't Be Too Quick To Convict Police Of
Title:US TX: Column: Don't Be Too Quick To Convict Police Of
Published On:2001-03-27
Source:San Antonio Express-News (TX)
Fetched On:2008-09-01 15:19:16
DON'T BE TOO QUICK TO CONVICT POLICE OF SPECTACULAR CHARGES

When we learned early Thursday that federal agents were rounding up local
police officers, details were sketchy. But the arrest of any law officer
is, by the very nature of his work, a major story.

And when eight city officers face charges stemming from an undercover drug
trafficking sting, it became apparent that this will be a big story that
isn't likely to be simple to cover.

Initial announcements said that a patrol sergeant and seven San Antonio
Police Department patrol officers were arrested, with a Bexar County
sheriff's deputy, a former county reserve deputy constable and two civilians.

We were told they were snared after confidential drug informants four-year
alerted the feds to San Antonio police officers who would participate in
crimes for cash.

Federal officers said the charges stemmed from the officers' use of their
badges — and in some cases, their weapons — to protect the movement of drugs.

Police Chief Al Philippus said he had known about the investigation and the
evidence, and said that the charges were a "kick in the gut" to the department.

Monday, the federal government's "proffer in support of detention" provided
34 pages of details and transcripts.

In "mid-1997," the feds charge, confidential informants "warned the FBI
that San Antonio Police Department officers would assist in the commission
of criminal violations in exchange for money."

An FBI agent using the alias "Ricardo" posed as a "midlevel" cocaine dealer
seeking help in "protecting substantial loads of cocaine" that he would
move through this area.

The seven defendants, six of them police officers, "readily agreed" to
protect pickups and deliveries of "sham cocaine" for "Ricardo," the
document charges. They accepted money "for their services and participation
in the escort, protection and transportation of multiple kilogram
quantities of (what they believed to be) cocaine ... without (making) any
effort to stop the illegal activity."

All seven defendants, it adds, were recorded on audiotape or videotape
making damaging or incriminating statements, and federal officials also
claim that five of the seven have made admissions.

Though this is not the first time SAPD officers have been charged with
violating laws they are sworn to uphold, or the first time one or more SAPD
officer has been charged with drug-related crimes, it is understandable
that the citizenry is alarmed by these revelations.

It is also understandable that several of the indicted officers' family
members are angry at Philippus for not backing up his officers and for
making statements that they believe branded their kin as guilty.

But let's not get carried away with the spectacular nature of the
allegations, which say, among other things, that the defendants sold the
cover of their badges and guns — and risked careers of five to 15 years —
for a total of less than $50,000, before we hear whatever defense the
officers may want to present.

Let's keep open minds as this matter winds through the legal system and
remember that however damning the evidence might seem, our legal system
guarantees that those accused of crimes be afforded due process and a fair
trial.

Let's also remember that they must be presumed innocent until they have
been proven guilty beyond reasonable doubt.

And don't ever forget that allegations and evidence often appear to be far
more damning when it is initially revealed than after it has been challenged.

Finally, let me note that I have seen enough federal and state criminal
trials involving undercover sting operations to know that close observance
of a very complex set of evidentiary requirements is critical to making
such cases.

And I've also seen enough trials to know that what are initially billed as
"admissions" often turn out to be much less than admissions of guilt.
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