There used to be three kinds of lies: lies, damned lies and statistics (and now a fourth, the half-truth; the damnedest lie of all.)
August 17, 2015
Richard Hylton
13166 Jane Court
San Diego, CA 92129
James Comey Jr.
FBI Headquarters
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001
Certified No. 7003 1010 0001 7320 5675
Loretta E. Lynch
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Kamala Harris
Attorney General, State Of California
Office of the Attorney General
455 Golden Gate, Ave., Suite 11000
San Francisco, CA 94102-7004
Certified No. 7011 0470 0000 0250 6456
Dear Director and Attorneys General
On or about June 29, 2015 I found myself compelled to write to Director Comey. I was, at least in part, responding to the Director’s springtime address at Georgetown University. While I found some common ground with the Director, I took exception to his omissions, and, as time advances, and abominations abound –some video graphed- and continue, the omissions become more glaring and unacceptable.
Within days, President Obama addressed the issues that were at the heart of my communication of complaint; namely the failure of the Director to see, address or mention the impact of laws, law-enforcement and judicial institutions on the issues at hand. Some use the term institutionalized racism. They are correct.
Now, inundated by instances of institutionalized racism, including one, just now, coming from the FBI, I am compelled to write again. I am offended when I am fluffed off with lies.
I write because while Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies, it is beyond dispute that, in practice, the USDOJ has been reactive in enforcement of the statute and that results in police violence and costs lives. I, too, have grown weary of the deaths and police violence, and of hearing that “thorough, complete, independent etc. reports” shall be conducted with DOJ/FBI involvement. I find no comfort in those words. Few do; still. Hackneyed, reassuring words lose their meaning; some see them as deceitful.
Like others, I am tired of this fine city boasting of its leading role in the implementation of body-cams, while being totally opaque on matters related to their use. It is indisputable fact that no SDPD police officer has managed to turn on or activate a body camera in any publicized case. And, only yesterday we learned that, in one of the un-activated body-cam incidents, another member of a minority, shot dead in July, was “armed” with a pen. I implore you, Attorneys General, to intervene in the case 3:15-cv-01386 so as to effect public disclosure, and to bring a criminal case against the forgetful and inept officer; Neal M. Browder.
For years the abuse disproportionately inflicted upon minorities was denied. Now, because of videos, often taken by passersby, we have this flurry of pseudo-action, sloganeering, blame-passing (blaming the victims as was done by Director Comey) and national hand-wringing. We have seen and heard enough of that. I seek positive action; action before more Brown and Black bodies litter the sidewalks, streets, parks, parking lots or cars; because, as you know or should,, in San Diego County, Blacks are around 4 times as likely to be shot by police as Whites; Hispanics a third more likely. See Appendix Fig 9[2].
Federal law, 42 U.S.C. § 14141 gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior; San Diego’s data, beginning in 2000, proves such a pattern and practice and I expect you to take action, now.
Again, San Diego’s data, which the US Department of Justice/FBI certainly does not have, firmly establishes that San Diego Police Department has met all necessary prerequisites for the U.S. Attorney General’s intervention and action under 42 U.S.C. § 14141. The department need not rely on this writer’s documents or analyses[3]. San Diego’s own reports, beginning with its 2001 report are sufficient for the initiation of an action.
Accordingly, and in spite of my preceding comments, I offer you the following in explanation and elaboration:
Lies
The file on the enclosed DVD (Appendix 2, UselessFBI*.wma) has almost all that needs to be said. Based on knowledge, I have concluded that your intake person, who calls herself Kim, is either incompetent or untrained. Kim may be following the dictates of your institution; the FBI. In any case, it is not open to discussion that her representation that the FBI has Vehicle Stop Data from “everyone” (or was it everywhere?) is false or a lie. See Jericho Salvador’s responses to CCPRA 2015-1081 (duplicated in CCPRA 2015-1145) on the DVD that is Appendix 2.
Dear Mr. Hylton,This email is in response to your public records request.The San Diego Police Department does not have any documents/videos responsive to your request.As for your question: “has the SDPD provided all of its vehicle stop data to the FBI or has the SDPD provided any vehicle stop data to the FBI?” The answer is no (to both questions).Sincerely,Jericho Salvador, OfficerChief's Office/CPRA Liaison
Furthermore, my experience with Detective Jacob Mosteller,; SDPD ID #: 5414; Crime Case: 14-024404, 32(a) P.C., had been convincing enough that the SDPD, in addition to telling one falsehood after another, would go to extreme lengths to ensure that its damning data did not get into the hands of the DOJ. Please review (listen to) the file Some Detective Mosteller.WMA.
And, if it were true that the FBI possesses data from everywhere, doubtless it would have used that data to prophylactic or preventative effect[4] in the cases of Ferguson, New York City, Baltimore, Cincinatti[5] and Cleveland (add places as necessary) rather than appearing on the scene after the Black or Brown bodies have lain in the streets (or sidewalks.) And, speaking of Ferguson, Ferguson’s results are amongst the better ones that show from data collected under Missouri law. Yet, as far as is publicly known, no other Missouri Police Department is under investigation (or the FBI data-analysts are overworked.)
For the foregoing reasons, San Diego’s Vehicle Stop Data for the years 2013 through the first half of 2015 is contained in the enclosed DVD. Methinks the data will expose other lies; those that have been the cornerstone of American policing and were recognized by NWA more than 20 years ago; the unnecessary, manufactured, illegal contacts with Blacks and Hispanics where the use of deadly force is the first option in interactions with the discounted Black and Brown humans.
So while Kim did lie, the numbers, in San Diego’s data, never lie. Please verify or compute them yourselves.
Damned Lies
More than a year ago, in the midst of Racial Profiling claims and complaints, there was much local fanfare that attended the announcement of a Department of Justice Investigation of misconduct by the San Diego Police Department. And, I am made to understand that Chuck Wexler, Director of PERF, attended one or more community meetings where the matter or Racial Profiling or biased-policing was the focus or only agenda item discussed.
Many, perhaps most, with an interest, may have expected that the PERF report would have addressed the matter of Racial Profiling[6]. Many, perhaps most, would hold that Racial Profiling[7] is a form of Police misconduct, particularly because Chief Zimmerman has repeatedly pronounced that she would not tolerate Racial Profiling by any SDPD Officer. Many are perplexed or confused by the use of language.
Not only does the SDPD tolerate Racial Profiling, it promotes it. They train their officers in it. They are proud of that training. They do not believe that the specificity or particularity of suspect description needs to be observed before effecting stops. To them, race is enough for engineered stops, and those who disagree have a “perception” problem. In short; the racial profiling of persons is completely consistent with San Diego’s training, and, unfortunately, is inconsistent with constitutional protections and U.S. Supreme Court dictates.
Please refer to the file Screen Capture 6 26 2015 9 16 45 PM. Its contents are also published on Youtube at: https://youtu.be/aOWN2JKMtBc
The effect of San Diego’s “training” is observable in all Figures in the Appendix of Exhibits. And, it should come as no surprise that San Diego’s constitutionally infirm conduct is driven by economic considerations[8]. It would be wicked not to point out that the harvest would be greater if Asians and Whites were targeted with equal vigour.See Fig 4 & 5.
Statistics
Appendix 1 contains tables and charts that show a Disparity Index Comparison to Ferguson and more than a few post-stop outcomes. Mental arithmetic should be sufficient for their assimilation.
I have not attached any tables that show the result of regression analyses. They are not required. Moreover, they are viewed by some as arcane chicanery. However; I can assure you that in every instance, race was a statistically significant variable in each outcome.
If they are required, I will be happy to provide links to the workbooks and spreadsheets that contain them.
· Blacks are more than twice as likely to be stopped. Appendix 1, Fig 1
· When stopped, Blacks are more than three times, and Hispanics twice as likely to be searched, but are found in possession of contraband 40% less often than White drivers. Appendix Fig 6-7
(http://www.justice.gov/sites/
· Blacks are more than 5 (Fig 3) times as likely to be subjected to a 4th waiver search, despite the fact that a meager 1.38 percent of all 4th waiver searches are the result of officers’ personal knowledge or developed from informants. These statistics come to life after viewing the persons and hearing the complaints[9] that gave rise to Fig 8 TB 14-02[10].
And, if you happen to obtain “crime” statistics that are offered in explanation or justification of the horrendous statistics, please be forewarned that they have been adjusted upwards with respect to certain precincts/service areas. The SDPD has attempted to explain this. I have failed to understand the explanation.
In Figure 8 of Appendix 1, Chief Zimmerman explains or gives the background for California’s AB109. However, on par with many law-enforcement leaders, she does not tell us that the prison over-crowding that the bill seeks to address or alleviate is the result of a; the decriminalization of conduct that is, in many instances no longer criminal, and b; a recognition that Blacks and Browns have disproportionately been incarcerated for those non-serious offences. I quote again Ta-Nehisi Coates[11]:
"The truth is that the police reflect America in all of its will and fear, and whatever we might make of this country's criminal justice policy it cannot be said that it was imposed by a repressive minority. The abuses that have followed from these policies-The Sprawling Carceral State, the random detention of black people, the torture of suspects- are the product of democratic will. And so to challenge the police is to challenge the American people"
Finally; I cannot remember when it was, but I do recall that, some years ago, the USDOJ made a significant show, accompanied by published statements, all attesting to the repugnance of Racial Profiling. I took that to mean that the government of the United States of America eschews the practice. I was wrong and we, the public, have at least one classified cable to prove me wrong.
Perhaps you can see your way clear, to use your high offices, to ease the way of the dark-skinned gentiles in this world, defined by the borders of the United States of America. It is hoped that this data will assist you in so doing.
Sincerely;
Richard Hylton
13166 Jane Court
San Diego, CA 92129
Cc by email to:
<meburks@kpbs.org>, martiemera
Cc: Shelly Zimmerman <sdpdpolicechief@pd.sandiego.
Cc: Shelly Zimmerman <sdpdpolicechief@pd.sandiego.
[1] There are three kinds of lies: lies, damned lies, and statistics.. Benjamin Disraeli.
Born a Jew but baptized as an Anglican, by his father, at age 12, “to ease his way in the world.”
Born a Jew but baptized as an Anglican, by his father, at age 12, “to ease his way in the world.”
[2]According to the San Diego County District Attorney, almost half of the Officer Involved Shootings were traffic related. Appendix 1, Fig 10
[3] This writer’s are more accurate and comprehensive. The SDSU, December 2014, reports are quite accurate too, but those remain hidden and unacknowledged, in violation of Federal and State law.
[4] A “Minority Report” type of crime prevention, where the public is protected from the crime of police abuse.
[5] The Cincinnati prosecutor describes it as a "chicken-shit" stop; a CNN pundit called it a stop required by the mayor, for the collection of revenue.
[6] I would not be included because Wexler responded to my communication, sent at the outset, indicating that Racial Profiling would not be addressed or be the focus of the PERF inquiry.
[7] The SDPD and its trainers and instructors hold that Racial Profiling is not a form of Racism.
[8]A matter about which Attorney General Harris is acutely aware. And on this subject the USDOJ does have data that shows that for the period 2008-2012, the SDPD reaped over $18 million in civil forfeitures.
http://inewsource.org/2015/01/
http://inewsource.org/2015/01/
[9] Available at San Diego’s website This link will take you to the page with links to all the other meetings: http://granicus.sandiego.gov/
[10] Countermanded by Zimmerman’s subordinate, Lieutenant Rose, in FIG 5. Ironically, AB109 that is mentioned, in the Rose Memorandum, is an essential decimalization of offences that used to result in state prison sentences.
[11] This quote is from his book, Between The World And Me. It appears on President Obama’s summer reading list.
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