Police/Suspect Altercations

"The reporting back is on a case-by-case basis," said Deputy First Assistant Prosecutor Dante Mongiardo. "Nobody is compiling any six-month or yearly reports saying of the 100 (warrants) that we approved, drugs were found in 98 percent of them."

Capt. Robert Prause, commander of the Prosecutor's Office narcotics task force, stresses that officers are "not just randomly picking the house."

"A very large percentage of the time, we do find the contraband we're looking for," he said.

In December 2005, officers with the Paterson police narcotics bureau had a warrant to look for drugs in the brown house. But before dawn, they burst into the DeCree/Clancy house instead. DeCree, 37, said he heard officers outside his closed bedroom door tell him they'd shoot him and his barking dog.

"They was nasty, making comments like they're police, they can do whatever they want, go call your mayor, your councilman," said DeCree. "I felt violated because I wanted to protect my family. All I wanted to do was physically put them out of my house."

"Those allegations are ridiculous," Maer said. "I think the report speaks for itself. There has been no official complaint regarding any incident that occurred to the Sheriff's Department, or to the best of my knowledge, any other agency. So we don't consider any complaints or even accounts of that story as credible."

Unlike in many states, in New Jersey, nearly every document generated by a raid -- from the testimony that officers present to a judge to obtain a search warrant, to search warrants themselves, to the police reports detailing whether police found illegal drugs or weapons – is not public, even after the raid is executed. Most of the two dozen people interviewed spoke only on the condition that they would not be named, saying they feared officers would retaliate against family members or simply return to harass them.

Lawyer Frank Pappas said his client was trying to defend himself and his family when he grabbed a loaded gun and shot Laval Constable Daniel Tessier - whom Parasiris mistook for a crazed thief.

"If he would've believed it was the police, do you think he would have taken them on?" Pappas said in an interview. "They have more firepower than him."
…
According to Pappas, police didn't find anything in the Parasiris home.

"There was no body, no drugs, no large quantities of firearms," he said. "They may have found one or two pills of Viagra that he didn't have a prescription for.
…
According to Pappas, the son called 911 after the police barged into the family home and bullets started flying.

"Do you think that if they knew they were police officers, they'd call 911?" Pappas said.

"You don't expect somebody to come pointing a gun at you, and once they do that, the officers will tell them to drop the gun," JSO Chief Dwain Senterfitt said. "We're still investigating what statements were made, but obviously, at that point, the officers' lives were in danger."

Isaac Singletary

Flash-bang burns drug raid suspect January 24, 2007 By LORI CALDWELL Post-Tribune With a little help from the Gary police S.W.A.T. team, Darrell Newburn had a most appropriate name Monday. Newburn, 31, is hospitalized with a new, serious burn on his back caused by a flash-bang that hit his back before officers stormed his Glen Park home Monday afternoon. "How it happened, I'm not certain," Sgt. John Jelks, drug unit commander said a day later. "It's normal practice for them to throw the distraction device in first." Detectives from the Narcotics-Vice Unit obtained a search warrant for Newburn's home at 4433 Delaware St. after making a series of undercover buys from him there. Police surrounded the house and a member of the S.W.A.T. team, led by Cmdr. Anthony Stanley, tossed in the grenade-like device that explodes with a loud bang and bright light. Newburn was hit in the back and suffered a burn about 12 inches in diameter. He is being held under police guard at Methodist Hospitals Northlake Campus.

Dear Ms. Caldwell: I write to protest the flippancy of your lead sentence in the January 24 story, “Flash-Bang Burns Drug Suspect.” Let me get this straight: A man, who is presumed innocent, is severely burned in an unprovoked assault during a drug raid, and you lead with an unfunny pun on his name? Instead of looking for cheap yuks, a good reporter might be asking the police some questions, such as: Why is it standard procedure to use paramilitary SWAT-style teams on small-time drug raids? Why is it standard procedure to throw military-style explosives into the homes of suspects? SWAT teams were originally designed to be used in hostage and other extremely dangerous situations, but there aren’t really that many of those. Give the police a SWAT team, and they will find a way to use it. But is it really appropriate for police to treat a small-time criminal infraction as if they were raiding an insurgent stronghold in Baghdad? I refer you to a recent report about the massive increase in the use of SWAT-style teams, especially in policing the drug war, by Cato Institute analyst Radley Balko. It’s called “Overkill: The Rise of Paramilitary Policing in America.” Here’s the link: http://www.cato.org/pub_display.php?pub_id=6476 In it, you will find incident after incident of raids gone bad, innocent people killed, and police endangering themselves and others. It’s worth a look. A good reporter might also want to ask the police just what they have accomplished with 40 years of drug raids, and whether there might be another, more reasonable way to deal with drug use. I don’t mean to attack you, only to suggest that there are stories left undiscovered if you rely merely on police and their press releases and don’t ask them the hard questions. I do hope you’ll keep this letter in mind next time you write one of those drug raid stories. Sincerely, Phillip Smith Editor, Drug War Chronicle www.stopthedrugwar.org P.S. If you have any interest in pursuing this, I can put you in touch with a number of current and former police officers (including former Seattle police chief Norm Stamper) who are harshly critical of this gung-ho, paramilitary-style drug war policing and who challenge the whole notion of drug prohibition altogether.

Bolton, who was hired last month, said his department has nothing to hide, and that the new initiative is meant to encourage transparency and make citizens feel more comfortable.

GBI and DEA agents will respond to police-involved shootings as they happen, working as monitors and reporting inappropriate behavior to DeKalb superior officers.

Paramilitary tactics don't defuse violent situations, as police groups and their supporters sometimes claim. They create them. They make things more volatile for everyone -- cops, suspects, and bystanders. Does anyone honestly believe that Ms. Johnson would have opened fire had a couple of uniformed officers politely knocked on her door, showed her a warrant, and asked if they could come inside?

Violating the sanctity of the home with a violent, forced entry -- all to enforce laws against consensual acts -- simply isn't compatible with any honest notion of a free society.

Huge news from Radley Balko. Cory Maye’s attorney Rhonda Cooper was found incompetent during the sentencing phase, which means Maye’s death sentence is vacated, at least for now.

For anyone unfamiliar with the case, Cory Maye was sentenced to death in Mississippi after fatally shooting a police officer who he mistook for a burglar. Maye lived alone with his infant daughter and had no criminal record. The raid appears to have been a mistake, but Maye’s apparent attempt to defend his home and daughter led to a murder conviction and a now-vacated death sentence.

Balko’s article in Reason Magazine provides an in-depth look at the case, which I’d argue is one of the most compelling stories of injustice yet to emerge from our disastrous war on drugs.

Read the article, then check out Balko’s blog The Agitator for on-going coverage of Maye’s appeal. There's a lot happening with the case over the next couple weeks , so this is a great time to get caught up.