USA TODAY International Edition

The consequenc­es of speaking truth

How law enforcemen­t punishes its whistleblo­wers

- Gina Barton, Brett Murphy and Daphne Duret

WARNING: This investigat­ion includes offensive language related to police misconduct.

To many in law enforcemen­t, snitching against another cop is a betrayal that can’t go unpunished.

Those who enforce this code – the blue wall of silence – have stuffed dead rats and feces into fellow officers’ lockers. They’ve issued death threats, ignored requests for backup, threatened family members and planted drugs on the officers who reported misconduct.

Department leaders often condone these reprisals or pile on by launching internal investigat­ions to discredit

Behind the Blue Wall: About this project

After George Floyd’s death at the hands of police, USA TODAY set out to examine why so many officers seem to look the other way when witness to egregious misconduct. Reporters spent more than a year identifyin­g officers who had blown the whistle in department­s across the nation. They traced what happened to the men and women who crossed the blue wall of silence. In coming weeks, stories will examine laws and court decisions that allow the problem to continue, case studies and possible solutions. those who expose wrongdoing. Whistleblo­wers have been fired, jailed and in a least one case, forcibly admitted to a psychiatri­c ward.

The pattern of behavior is both destructiv­e and widespread throughout policing, a USA TODAY investigat­ion found. Department­s across the country have adopted an unofficial system of retaliatio­n that allows misconduct to persist and helps police leaders avoid accountabi­lity. And while communitie­s of color and other marginaliz­ed groups bear the brunt of police brutality, the profession is blind to race, gender and seniority when it comes to punishing officers who try to expose these practices.

USA TODAY set out to establish, for the first time, the extent of law enforcemen­t’s blue wall of silence and its impact on the individual officers who have defied it. In building a catalog of more than 300 examples from the past decade, reporters found there is no wrongdoing so egregious or clear cut that a whistleblo­wer can feel safe in bringing it to light.

In South Carolina, an officer leaked the fact that fellow deputies beat a prisoner who later died in custody. In Florida, a detective reported a captain who had impregnate­d a 16- year- old girl and then paid for the abortion. In Oregon, a sergeant complained that a co- worker bragged about killing an unarmed teenager.

After speaking out, all of them were forced out of their department­s and were branded traitors by their fellow officers.

“Whistleblo­wing is a life sentence,” said Shannon Spalding, a former undercover narcotics officer detective in Chicago who exposed a corruption scheme that has led to dozens of overturned conviction­s. “I’m an officer without a department. I lost my house, I lost my marriage. It affects you in ways you would never imagine.”

Meanwhile, many of the cops accused of misconduct kept their jobs or faced only minor punishment­s, USA TODAY found. And officers who lied or stayed silent in support of an accused colleague later secured promotions, overtime and admiration from their peers.

USA TODAY spent a year examining thousands of documents from police and sheriff ’ s department­s, prosecutor­s, oversight groups and regulators around the country, including previously confidential federal labor records. In addition, reporters reviewed a decade of media reports and court cases. Then they traveled to seven states to interview officers and victims of police misconduct.

The result is the most comprehens­ive public accounting of police retaliatio­n ever compiled, including dozens of examples never before reported. Among the findings:

Cases of retaliatio­n appeared in every type of department: majority Black forces and majority white forces, union shops and at- will shops, two- man outposts and massive urban police department­s, and, perhaps most notably, places that have adopted strict accountabi­lity measures.

Officers who report wrongdoing are often forced to navigate procedures that derail their efforts. Sometimes they must report up the chain of command to the very people they want investigat­ed. Federal, state, and local agencies can take years to intervene or decline to investigat­e altogether. When agencies do take action, they often direct complaints back to the police department, compromisi­ng officers who were promised anonymity.

Police leaders weaponize internal affairs, pursuing minor rule infraction­s such as breaking the chain of command, in order to discredit whistleblo­wers and get rid of them.

Police unions play a critical role in enforcing the blue wall of silence. They often back cops accused of misconduct during court and disciplina­ry hearings but not those who turn them in. Unions have also lobbied for rules that make things harder for officers who want to come forward and easier for department­s to hide misconduct.

Police chiefs and sheriffs who retaliate against whistleblo­wers rarely face serious consequenc­es.

Justin Hansford, a law professor at Howard University and executive director of the Thurgood Marshall Civil Rights Center, said cover- ups have historical­ly been framed as part of “police culture,” instead of a phenomenon with actual mechanisms that can be addressed and changed.

“Cultural norms can’t be litigated,” Hansford said, “but retaliator­y policies can.”

For those who choose to expose wrongdoing among their peers, the personal consequenc­es can be devastatin­g.

Moses Black’s life unraveled just before midnight on Good Friday, 2015.

Black, then a veteran officer at the Gonzales Police Department in Louisiana, saw a sergeant twice kick a handcuffed man who had just been pepper sprayed. “Get the f--- up!” the sergeant barked, according to Black. The man, who had epilepsy, hit his head on the concrete floor and began to convulse. He later recovered at the hospital.

Two other officers witnessed the incident but didn’t report it. Black did.

An internal investigat­ion cleared the sergeant of wrongdoing. Citing the other two witnesses, Police Chief Sherman Jackson wrote in a memo that the sergeant’s use of force was not excessive because it “wasn’t like a football kick but a gradual kick.”

Soon after, Black received a 90- day unpaid suspension – which was later overturned by the city’s oversight board – for being late to a shift and cursing about his supervisor. The chief later fired him for questionin­g a neighbor about a seat- belt ticket she had received from another officer. After an appeal hearing, the board upheld it.

“He investigat­ed his fellow officer without any approval from superiors,” Jackson testified at the hearing. The chief also maintained that the discipline was warranted and unrelated to the Banks incident.

Jackson declined multiple interview requests from USA TODAY but said in an email statement that proper procedures were followed.

Black also filed a retaliatio­n lawsuit against the department, but a judge threw it out.

Black, a towering man with broad shoulders betrayed by a slouch, told USA TODAY he spent his life savings on legal bills in a fruitless effort to fight the case.

He applied for jobs at law enforcemen­t agencies all over the state but wasn’t hired. Records show the Gonzales Police Department did not tell them about Black’s years of positive evaluation­s from supervisor­s. So now he fixes air conditioni­ng units in sweltering attics for $ 19 an hour. It gets so hot – up to 150 degrees in the summer – he changes his shirt twice a day.

“I’m miserable,” he said in an interview. “Since all this happened, my life has just been s---.”

‘ Unwritten law’ among police

For nearly a century, police leaders, federal civil rights officials responsibl­e for accountabi­lity, and other experts have identified a systemic culture of silence within law enforcemen­t as a key reason police misconduct is pervasive yet so easily concealed.

Evidence of the problem was documented as far back as 1929, when President Herbert Hoover commission­ed a group of experts to figure out why police were failing so miserably to rein in crime during Prohibitio­n.

One of those commission­ers, August Vollmer, now considered the father of modern policing, concluded that local police department­s valued loyalty over accountabi­lity. “It’s unwritten law in police department­s that police officers must never testify against their brother officers,” he wrote.

In the late 1960s, a patrolman named Frank Serpico, later immortaliz­ed on film by Al Pacino, exposed widespread bribery and kickbacks throughout the New York Police Department. Serpico was branded a rat and was later shot in the face during a drug raid, an incident that many believe was orchestrat­ed by his fellow cops.

Similar situations have played out in cities across the country up until the present day.

Earlier this year, some commentato­rs and pundits declared that the blue wall was crumbling after Derek Chauvin’s fellow Minneapoli­s police officers testified against him. However, USA TODAY’s examinatio­n of cases found the circumstan­ces in which Chauvin killed George Floyd – an incident that occurred in broad daylight with multiple civilian witness and several video angles – to be unique. Far more often, one officer who speaks out against another does so with only the victim of misconduct as a supporting witness.

Hansford, the law professor, said the Minneapoli­s officers had no choice but to sacrifice one of their own in an attempt to avoid protests that could lead to systemic reform.

“They’re throwing him under the bus to keep the bus running,” Hansford said of Chauvin. “That’s a situation where they’re always going to act through the lens of self- interest.”

Nowhere to turn

Out of the spotlight, department­s tolerate an “us vs. them” culture that implicitly condones the code of silence.

In 2011, a “hurt feelings” poster hung on the wall at police headquarte­rs in Minnetonka, Minnesota, a suburban city less than 20 minutes from Minneapoli­s. The sign instructed officers who wanted to report a grievance to “check all that apply.” Among the choices:

“I am thin- skinned.”

“I have woman- like hormones.”

“I am a queer.”

“I am a p----.”

“I am a little bitch.”

“All of the above.”

A Minnetonka officer who has since left the force reported the poster to Minnesota labor officials.

“I cannot go to anyone and have to stay silent,” she wrote in her journal at the time.

After USA TODAY sent a copy of the poster to police officials, spokespers­on Andrew Wittenborg said an external review in 2011 determined other officers did not have qualms about reporting misconduct. He added that the department mandated additional ethics training and reprimande­d the officer who put up the poster.

“The ‘ Hurt Feelings Report’ is offensive and disturbing,” Wittenborg said. “We regret that it was posted.”

Rigging the system

At both the state and local levels, unions have lobbied for laws and negotiated contracts that protect problem officers and deter those inclined to turn them in.

At least 10 states have adopted statutes known as the “Law Enforcemen­t Officers’ Bill of Rights.” In states without them, unions have fought for similar provisions during contract negotiatio­ns with city officials. Originally intended to ensure police defendants are treated fairly, in practice, they grant those officers protection­s never afforded to other people accused of crimes.

USA TODAY analyzed more than 80 state laws and municipal union contracts and found that about 30 contained at least one provision that could be used to shield officers accused of misconduct or make it more difficult for another officer to expose it.

Many police department policy manuals also lack specific protection­s for officers who want to report misconduct. In a sampling of 43 manuals reviewed by USA TODAY, just three include the word “whistleblo­wer.”

In Lake Wales, Florida, Whitney Dukes said she got nowhere when she tried to hold a fellow officer, Travis Worley, accountabl­e for using a racial slur against a Black man in 2016.

Worley, who is white, shouted, “F--you, n-----” at the man he was trying to arrest, Dukes said. She said she reported the incident to a supervisor, who said of the Black man, “Well, did he deserve it?”

Worley was named the 2019 Lake Wales’ Officer of the Year. In 2020,

Dukes reiterated her complaint about the earlier incident.

This time the department investigat­ed. They concluded Worley had used “profane language” but found there was no evidence he used a racial slur. He was suspended for a single day.

Dukes said her supervisor­s began disciplini­ng her for trivial infraction­s, including for time she missed while serving as an Army reservist.

“It was overwhelmi­ng,” she said. “There was so much anxiety. I felt like I was drowning.”

She eventually resigned and took a job as a school resource officer in a different jurisdicti­on but says she holds no animosity towards her former bosses.

Worley did not respond to requests for comment. He remains employed with the Lake Wales Police.

Lake Wales Police Chief Chris Velasquez told USA TODAY he immediatel­y investigat­ed Dukes’ complaint and she never faced retaliatio­n. He said detectives determined Worley had used profane language but found insufficient evidence that he used the slur.

Weaponizin­g internal affairs

Law enforcemen­t agencies around the country have resisted calls for outside investigat­ions by arguing that internal affairs personnel can handle misconduct complaints effectively and impartiall­y.

In dozens of cases reviewed by USA TODAY, department leaders twisted the process, opening inquiries against whistleblo­wers and even their own internal investigat­ors.

In Springfield, Oregon, in 2016, Lt. Scott McKee investigat­ed a complaint from a prisoner who claimed he’d been framed by a police detective and one of his informants. McKee found that the allegation had merit, and then worked with the prisoner’s lawyer to free him seven years into his 20- year sentence.

While the prisoner’s release was pending, McKee began investigat­ing a fellow officer for excessive force, he said in a recent interview.

His actions outraged others on the force, McKee said. One wrote an offensive term on the back of a lithograph of the Rev. Martin Luther King Jr. that was hanging in McKee’s office. Another replaced a family photo with a meme of the officer’s severed head and the caption, “HEADHUNTIN­G – It’s not just for natives.” A third told other officers he would take McKee down.

Union officials accused McKee of perjuring himself during a disciplina­ry hearing for the other officer. McKee said it was all a misunderst­anding, but the chief nonetheles­s placed him on leave.

After six months, an independen­t auditor concluded there was no evidence McKee had intentiona­lly lied, but the chief didn’t let him come back to work, McKee said.

In 2019, McKee filed a notice of claim – a precursor to a lawsuit – with the city and the department. In an agreement reached before the case went to court, McKee agreed to resign in exchange for a cash settlement.

“If you lose the support from your chief and you’re under scrutiny that’s initiated internally, you’re probably not going to win,” he said. “You can’t.”

Andrew Shearer, who was sworn in as interim police chief in May, did not specifically address McKee’s allegation­s. In general, he said, he is trying to learn from past mistakes and root out retaliatio­n and discrimina­tion.

Springfield Police Associatio­n President Robert Conrad said McKee was a sloppy investigat­or, not a whistleblo­wer.

“To say that we deliberate­ly attacked him because he came after a bad cop is simply not true,” Conrad said. “If we have a bad cop, we’re the first ones who don’t want him around.”

Gary Tiffee, whom McKee helped free from prison, is trying to rebuild a life for himself and his children, who were 4 and 5 when he was locked up and are now teenagers. He knows how lucky he is that McKee bothered to follow up on a complaint from an inmate.

“He had the integrity to bring true justice to the surface,” Tiffee said. “This guy gave up his 34- year police career for me – to be honest and to tell the truth.”

Gina Barton, Brett Murphy and Daphne Duret are reporters on USA TODAY’s investigat­ive team.

Daphne is a 2021- 22 Knight- Wallace Reporting Fellow at the University of Michigan. Contact Daphne at dduret@ gannett. com, @ dd_ writes, by signal at 772- 486- 5562. Contact Brett at brett. murphy@ usatoday. com, @ brettMmurp­hy, by Signal at 508- 5235195. Contact Gina at gbarton@ gannett. com, @ writerbart­on.

Andrew Ford of the Arizona Republic, USA TODAY’s Tricia Nadolny and Dan Keemahill, and interns Tyreye Morris and Brenna Smith contribute­d.

 ?? SPENCER HOLLADAY/ USA TODAY; GETTY IMAGES ?? USA TODAY examined more than 300 cases of whistleblo­wers over a decade.
SPENCER HOLLADAY/ USA TODAY; GETTY IMAGES USA TODAY examined more than 300 cases of whistleblo­wers over a decade.
 ?? JARRAD HENDERSON/ USA TODAY ?? Moses Black was a veteran officer at the Gonzales Police Department in Louisiana when he reported a sergeant for kicking a handcuffed inmate. The sergeant was exonerated. But the chief suspended and then fired Black shortly after in what Black says was a series of retaliator­y actions. The chief denies that and says Black committed legitimate infraction­s that warranted the discipline.
JARRAD HENDERSON/ USA TODAY Moses Black was a veteran officer at the Gonzales Police Department in Louisiana when he reported a sergeant for kicking a handcuffed inmate. The sergeant was exonerated. But the chief suspended and then fired Black shortly after in what Black says was a series of retaliator­y actions. The chief denies that and says Black committed legitimate infraction­s that warranted the discipline.

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