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Federal investigation criticizes Harvey (Ill.) police


A three-year federal investigation into alleged police brutality in Harvey found no pattern of illegal behavior but did conclude the department's "grossly deficient" oversight "tacitly endorses heavy-handed uses of force."

Although some local activists and civil rights attorneys had for years described the south suburban police force as out of control, it wasn't until December 2008 that the Department of Justice's Civil Rights Division launched an investigation.

The investigation was prompted by a 2007 raid of the department by Cook County authorities and state police who seized records and evidence from unsolved murder and rape cases, according to a January letter from the Department of Justice.

The department began reviewing documents related to use-of-force incidents — in which people suffered a fractured spine, broken jaw and other head injuries — in 2009 and 2010, according to its report.

That review found that Harvey police weren't properly documenting why and how force was being used, encouraging "an environment in which constitutional violations are more likely, as officers will know they will not be held accountable," the report said. The report noted that in one case a suspect was pepper-sprayed while being fingerprinted at the Harvey police station.

About half of the incidents involved "contempt of cop" situations in which people were charged with minor ordinance violations such as disorderly conduct, said the report signed by Justice Department special litigation section chief Jonathan M. Smith.

"These arrests may be designed to justify use of force or other excessive authority where there may have been no legitimate justification for that exercise of authority," the report found.

The report also found Harvey kept no records of officer firearms training and had three "commanders" who supervised nobody. The city also lacked in its policy manual a ban on police officers using excessive force.

In a statement attributed to acting-police Chief Denard Eaves, the city said it has taken the report's recommendations to heart. It has increased use-of-force training for its officers and is updating its policy manual.

"The Harvey Police Department will continue to work, over the next year, to implement policies and initiatives to address identified recommendations and reduce any perceived risk," Eaves said in the statement.

A Justice Department spokesman did not respond to an email seeking comment.

The federal review didn't look back to the late 1990s and early 2000s, a time civil attorneys described the Harvey police force operating like "the Wild West" with a tactical crew of "jump-out boys" who allegedly harassed and sometimes roughed up Harvey residents.

"There was an underlying and consistent pattern of police misconduct through the years," said Chicago civil rights attorney Arthur Loevy.

One case his firm handled involved Harvey Officer Manuel Escalante, who a jury found shot an unarmed man in the back and then tried to frame him for holding a gun.

In 1997, Escalante was an armed part-time deputy marshal out on patrol even though he hadn't passed the state's part-time certification test nor completed Harvey's police training program when he shot Archie Robinson, then 19, narrowly missing his spine, according to court records.

Escalante said he spotted Robinson running near 147th and Vail streets, chased him, then opened fire when Robinson pointed a gun at him and ignored orders to drop it. But Escalante's version displayed "major cracks," an appeals court found.

The gun at the scene strongly resembled one taken during a Harvey raid that Escalante had participated in the night before, an officer testified. Records showed that two of the five guns taken during the raid were never logged into evidence.

Another Harvey police officer said he saw no gun, didn't hear Escalante give warning before opening fire and told another officer the shooting was "bogus," records show. The police chief at the time testified the firearm was the perfect one for use as a "drop gun."

A jury found in Robinson's favor, and he and his attorneys won more than $750,000 in damages and attorney's fees.

But neither the verdict — nor a still pending 2004 lawsuit filed by the state accusing him of running an illegal landfill — seemed to hurt Escalante's career.

He was later promoted to detective.

Had enough?  Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal hearings into the police problem in America.  Demand mandatory body cameras for cops, one strike rule on abuse, and a permanent  DOJ office on Police Misconduct.