'Our American way of policing is on trial': Law enforcement officers respond to Chauvin trial
As he prepares for work each morning, Tighe O’Meara, the police chief in Ashland, Oregon, tunes in to coverage ofthe trial of Derek Chauvin, the former Minneapolis officer charged in the killing of George Floyd last year.
O’Meara doesn’t watch to decide whether he thinks Chauvin is guilty; he sees Chauvin’s culpability as “an open-and-shut case.”
He watches for signs of hope for his profession.
He found some in Chauvin’s former colleagues and bosses whobroke the so-called blue wall of silenceto testify against him. “We need as much of that as possible,” O’Meara said in an interview this week. “We need transparency and integrity above all else.”
But O’Meara, who is white, also sees the trial as a test of whether police can regain the trust of many Americans, most of all the Black and the Latino residents who disproportionately live in high-crime, highly policed neighborhoods.
“If he’s convicted, it will be a strong declaration that we as a society hold police officers to account for their actions,” he said. “If he’s acquitted, it will be an event that takes us in the exact opposite direction.”
When Michael Persley, the police chief in Albany, Georgia, watches the trial, he sees the profession he loves at a crossroads. As a 28-year law enforcement veteran, he says, the trial is a reminder how damaging Floyd’s killing was for policing — and a lesson for his officers to follow use-of-force policies. At the same time, he is a Black man who understands why Floyd’s killing damaged public trust in police.
“It’s hurtful to the law enforcement profession and then it’s a disappointment in my viewpoint from the Black community,” Persley said. “It’s a disappointment to us that that was not a trust-building day.”
Across the country, police officers and commanders, active and retired, are watching Chauvin’s trial with a mix of interest and angst. Their responses, in interviews conducted this week, share some common themes, notably that the trial illustrates how one incident can shift the public conversation about policing.
But the responses also vary. While some officers see the trial as an encouraging example of the criminal justice system holding a rogue officer accountable, others see it as a sign that a growing portion of the country, led by the media, politicians, prosecutors and top commanders, has turned against them.
No one interviewed justified Chauvin’s act of pressing his knee into Floyd’s neck for more than nine minutes. (Chauvin’s defense team has said thatFloyd’s underlying health conditions and drug use— not Chauvin’s restraint methods — caused Floyd’s death.) But some officers complained that the trial has not sufficiently examined Chauvin’s frame of mind, or the fear that officers feel while trying to arrest someone who does not want to be taken into custody. Some see Chauvin as doomed for conviction, and said their profession felt doomed as well.
“It’s disheartening to hear the prosecution throw cops under the bus and leave the defense to build them up, which is the opposite of what normally happens,” said a white detective with the Hillsborough County Sheriff’s Office in Florida, who spoke on the condition of anonymity out of fear of losing his job. “It sucks.”
A sergeant in the New York City Police Department, who spoke on the condition of anonymity for the same reason, said he and other officers saw Chauvin’s trial as a reason to think twice before using force against someone who is resisting arrest.
“It has an effect on police officers, no doubt about it, and for some officers it can even affect the way they approach certain situations,” the sergeant, who is white, said. “They may be more hesitant to use force. I’d hate for officers to get killed or injured because they hesitated to use force.”
The trial is unfolding at a time of deep soul-searching among American police officers after a year in which they were tested by the coronavirus, targeted in nationwide protests against police brutality and subjected to calls to limit their power, either by cutting budgets or restricting the tactics they can use. Since the trial began, protests erupted in Brooklyn Center, Minnesota, after a white officershot and killed a Black motorist, and Virginia authorities announced an investigation of a December roadside stop in whichofficers threatened and pepper sprayed a Black Army officer.
Officers say they feel exhausted and disillusioned by what they see as a lack of support from the public.
Many departments report a wave ofresignations and retirements, and a difficulty in recruiting new officers. ANational Police Foundation reporton the Los Angeles Police Department’s response to last year’s protests, released this week and titled “A Crisis of Trust,” includes a section on officer morale, which it says is “at an all-time low.”
Cedric Alexander, the former public safety director in DeKalb County, Georgia, and the former police chief of Rochester, New York, said it has been relatively easy for law enforcement officials to condemn Chauvin’s actions because it is “a pretty straightforward case of abuse.” That is a good thing, he said.
But Alexander, who is Black, questioned whether police leaders can be just as “objective” in cases of officers killing Black people that aren’t as clear-cut.
“We’ve got to be just as objective when these shootings of unarmed citizens occur, when incidents occur that are not as straightforward as the Chauvin case,” Alexander said. “We’ve got to have the same courage to call that wrong too.”
Jake VerHalen, a sergeant who oversees patrol officers with the Folsom Police Department in California and is president of the local officers union, has been following the trial daily, and said it seemed to have been conducted fairly. He called Chauvin’s actions “indefensible,” although he said it remained unclear to him whether they caused Floyd’s death.
But VerHalen, who is white, said he is frustrated that the trial has become entwined with a larger narrative that policing is systemically racist, and that any negative encounter between a white officer and Black person is driven by racial animus.
The vast majority of police are not racist, he said.
“A lot of people have their minds made up that this was a racial injustice. Not a bad cop doing a bad thing but a racial injustice, harkening back to the ’50s and ’60s and police unleashing dogs on people,” VerHalen said. “We are so much better than that, and have come so much further than that.”
While many police departments have enacted reforms aimed at making enforcement more equitable and transparent, disparities persist. For example, Black Americans arearrestedat higher rates than white people and aremore than twice as likelyto be shot and killed by police. Black adults are five times as likely as whites to say they have been unfairly stopped by police because of their race,according to a Pew Research Center poll.
Lynda Williams, a former deputy director of the Secret Service and president of the National Organization of Black Law Enforcement Executives, said the Chauvin trial must be viewed as part of a long history of police using their power against Black and brown people disproportionately. The trial can play a part in helping the country, and policing, finally come to terms with that and spur reform, she said.
“This is almost like our American way of policing is on trial,” she said.
Lou Dekmar, the police chief in LaGrange, Georgia, said the Chauvin trial has illustrated the importance of police and elected leaders improving the training and supervision of officers and holding accountable those who violate department policies or use excessive force.
“I hope it’s a wakeup call for police leaders who don’t follow this stuff,” Dekmar, who is white, said. “I hope it’s a wakeup call that agencies that hold officers accountable in the long run are saving officers’ careers. That’s what I hope the message of this trial is.”
Despite GOP Gov. Larry Hogan’s attempts to block the measures, Maryland has become the first U.S. state to repeal its Law Enforcement Officers Bill of Rights.
Maryland on Saturday became the first state in the nation to repeal its powerful Law Enforcement Officers Bill of Rights after the state’s Democratic-majority legislatureoverrodeRepublican Gov. Larry Hogan’s vetoes of three historic police accountability bills.
Hogan announced Friday that he was vetoing the three bills — part of a package offive police reform measures passed by state lawmakers earlier in the week. The governor said he would allow two of the bills to become law without his signature but said the others would “further erode police morale, community relationships and public confidence.”
ButDemocrats, who hold veto-proof majorities in both the state House and Senate,vowed to override Hogan’s vetoes— a promise they promptly fulfilled, with lawmakers gathering Friday night and Saturday to make it happen.
One of Hogan’s vetoes had been for a bill repealing and replacing the Law Enforcement Officers Bill of Rights (LEOBR), which governs the disciplinary process for police officers. Critics have labeled LEOBR an“impediment” to police accountability. A new procedure to discipline officers found guilty of wrongdoing — one that will involve the input of the police departments and civilians — will now replace the bill of rights. Currently, at least 20 states have versions of a police officers’ bill of rights.
The bills enacted Saturday include several other police accountability measures, such as a statewide use-of-force policy, an expansion of public access to some police disciplinary records, harsher penalties for cases involving excessive use of force, new limits on no-knock warrants and a statewide body-camera mandate.
Additionally, the two pieces of legislation Hogan chose not to veto include one that gives Baltimore voters the opportunity to decide whether the city should take full control of the Baltimore Police Department, which has been a state agency since 1860.
The other bill allowed by Hogan prohibits police departments from acquiring surplus military equipment and creates an independent unit in the state attorney general’s office to investigate deaths involving police.
Democratic lawmakers in Maryland ― a state that’s faced scrutiny in recent years for itspolice accountability issues ― hailed the set of police reforms as “transformative” and a step toward “equality.”
Bill Ferguson, president of the state Senate, called it “one of the most significant and transformative packages of reform of law enforcement in the country, and certainly, what matters more, in the history of Maryland,”The Washington Post reported.
On Friday, Del. Vanessa Atterbeary (D-Howard) pushed back against the assertion made by some Republican lawmakers that the bills are “anti-cop.”
“This is not anti-police legislation. This is equality and fairness legislation,” Atterbeary said, adding: “This was painstakingly put together for Black and brown folks in our state. It’s time for police officers who don’t follow the proper law to pay the consequences.”
“The voting restrictions of SB 202 will disproportionately impact Atlanta residents ― particularly in communities of color and other minority groups,” Bottoms said in a statement. “This Administrative Order is designed to do what those in the majority of the state legislature did not ― expand access to our right to vote.”
Gov. Brian Kemp and Georgia’s GOP-controlled state legislature passed the law just weeks ago, implementing a wave of election rules that appear to target the very voters who contributed to record turnout on Election Day and in January’s special elections for the state’s two U.S. Senate seats, which turned the state blue.
The law attempts to block such a result from happening again by basing the changes on the false guise of voter fraud that didn’t actually occur. The legislation reduces the time when voters can request absentee ballots, implements new photo ID requirements and criminalizes giving food and water to voters waiting in line at precincts.
The city’s proposals include training staff on how to educate residents on voter registration and early, absentee and in-person voting. The city will also work to make sure Atlantans know how to obtain the ID forms now required for absentee voting.
City departments will also include QR codes or website links in mailings such as water bills to provide links to voter registration and absentee ballot information. The hope, according to Bottoms, is that any city staff member will be able to give important voting information to Atlanta residents.
“We’re also going to have to really continue to educate and encourage people to stand in the gap for voters across this state who may not have the ability to cast a vote, meaning we can’t go and vote for the president and then wait an additional four years,” Bottoms told Axios Re:cap on Tuesday, adding that Georgia’s situation is a “cautionary tale to other cities and states.”
“We’ve got to show up each and every time in record numbers because there will be some people who won’t have access to their absentee ballots, who won’t be able to turn their ballots in on time,” the mayor added. “We’ve got to stand in the gap for those folks and make a difference in this state.”
“Just as elections have consequences, so do the actions of those who are elected,” Bottoms tweeted Friday. “Unfortunately, the removal of the @MLB All Star game from GA is likely the 1st of many dominoes to fall, until the unnecessary barriers put in place to restrict access to the ballot box are removed.”
In her executive order, Bottoms stressed that she wants to work with corporate and community partners to create and implement public service announcements, as well as other forms of communication, to provide clarity to Atlanta residents on new voting deadlines and timelines.