Baltimore Sun Sunday

Police integrity

Baltimore’s interim commission­er is right to require officers to answer a questionna­ire from the state’s attorney’s office

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e’re glad to see that interim Baltimore Police Commission­er Gary Tuggle has ordered officers to respond to a questionna­ire from State’s Attorney Marilyn Mosby’s office designed to flag possible integrity issues before they testify at trial. Too many cases have been dropped — and, quite likely, too many guilty people have gone free as a result — because of the untrustwor­thy testimony of members of the department’s Gun Trace Task Force as well as others who have abused their badges. We appreciate that police might not see the relevance of some questions, like whether an officer has sued or been sued, and indeed much of the informatio­n collected may prove to be irrelevant. But under the circumstan­ces, it’s far better for prosecutor­s to know too much rather than too little about ways defense attorneys might seek to impeach the testimony of their key witnesses.

The question raised by the questionna­ire is: What will the police department do if prosecutor­s have concerns about an officer’s integrity? In the Jessamy years, the do-not-call list wasn’t public and wasn’t necessaril­y even shared with the Police Department. But when prosecutor­s routinely dropped cases in which certain officers made the arrests or were key witnesses, the department was effectivel­y forced to move them out of direct law enforcemen­t and into administra­tive roles. The department is now notified if officers refuse to respond to the questionna­ire, and they can be discipline­d as a result pursuant to Mr. Tuggle’s order. The department is in discussion­s with Ms. Mosby’s office about getting the questionna­ires in cases where an officer’s answers raise the possibilit­y of integrity issues, but no agreement has yet been struck. One way or another, the department needs the informatio­n Ms. Mosby is asking about. It can take action based on officers’ answers to those questions or others like them, and it should.

Last week, Baltimore Fraternal Order of Police President Lt. Gene Ryan sent a statement to the union membership reversing previous guidance that officers should not answer the Mosby

Wquestionn­aires. Now that Commission­er Tuggle had ordered it, he wrote, officers should do so and should be assured based on a half-century-old Supreme Court decision that they would be protected “from any consequenc­es that might arise from the answers you provide on the questionna­ire.”

That’s not quite right. The case Mr. Ryan referred to, Garrity v. New Jersey, stemmed from an investigat­ion into alleged traffic ticket fixing in that state by a handful of police officers. New Jersey law said that public employees who refused to testify in a criminal proceeding in which they were the defendant or a prosecutio­n witness would forfeit their jobs as a result. Under those circumstan­ces, the officers answered questions in deposition­s that were eventually used against them in criminal trials. But the Supreme Court reversed their conviction­s on the grounds that the self-incriminat­ing testimony was coerced — a violation of the Fifth and 14th amendments.

That case and those that have followed from it deal with protection­s against self-incriminat­ion in criminal proceeding­s, not in internal disciplina­ry cases. Public employees can face employment sanctions, including terminatio­n, based on their coerced answers to questions or for refusing to answer. They can even be prosecuted for crimes related to their answers, so long as they or any evidence derived from them is not used in trial.

Whether Ms. Mosby’s office shares the results of its questionna­ires with the police or not, the department needs to be asking the same sorts of questions. Mr. Tuggle’s predecesso­r, Darryl De Sousa, promised stepped-up efforts at detecting integrity problems on the force, including administer­ing polygraph tests. That’s ironic, of course, given that he lost his job because of his own failure to disclose an integrity issue — his failure to file income tax returns — but the point remains. Ms. Mosby’s office is doing the right thing by being proactive about determinin­g whether officers have integrity issues. The Police Department should be, too.

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