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Tuesday, November 27, 2001

Fingers pointed on police lawsuit


Rights groups no longer seek swift action

By Gregory Korte
The Cincinnati Enquirer

        Several local civil-rights leaders and their lawyers came to Cincinnati City Hall on Monday and asked City Council not to move forward on implementing police use-of-force recommendations by the U.S. Justice Department.

        They were some of the same civil-rights leaders who just two weeks ago stood on the steps of the Hamilton County Courthouse and demanded that the city implement the recommendations immediately.

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        “We don't feel an ordi nance, no matter when you pass it, is the right way to go. It would be piecemeal and it would not give us what we need in regard to police conduct,” said Juleana Frierson of Black United Front.

        Monday's hearing before council's Law and Public Safety Committee showed just how politically delicate the issues of police profiling and use of force are.

        Councilman John Cranley, who chairs the committee, called for the hearing to give council members a chance to quiz top police officials about the month-old U.S. Justice Department report that found fault with police policies on the use of force.

        But the city's lawyers didn't let Chief Tom Streicher anywhere near a microphone, and Mr. Cranley didn't get answers to his questions.

        Instead, Mr. Cranley and the other council members got something else they wanted: an acknowledgement from the plaintiffs in a racial profiling lawsuit against the city that they — and not City Council — have asked to slow down the process.

        Lawyers on both sides of that lawsuit now want the Justice Department findings to be wrapped into the lawsuit settlement — a process that could take two or three more months.

        Council members wasted no time chastising the players in that lawsuit — who are supposed to be part of a collaborative process to mediate the dispute out of court — for making public comments destructive of that goal.

        “I hear all the time that nothing is being done,” said Councilwoman Alicia Reece. “If we're going to do this, the collaborative has to be just as responsible.”

        Alphonse Gerhardstein, the civil-rights lawyer who represents plaintiffs in the racial profiling lawsuit, admitted to using political pressure to gain leverage in the lawsuit.

        “Sometimes, it requires pressure from all sides. You do it. Lawyers do it. We all do it. It's no big deal,” he said.

        Mayor Charlie Luken didn't like that answer.

        “When you say it's "no big deal,' you play a little fast and loose with words. It is a big deal,” Mr. Luken said.

        He said both sides were supposed to be involved in the same collaborative — an unprecedented process which is trying to resolve the lawsuit and improve police-community relations by seeking input from thousands of Cincinnatians about their expectations of police.

        “When you use the word "collaborative,' you imply that we are all supposed to be working together toward a common end,” he said.

        The finger-pointing on who's holding up the process replaced the billed event — a detailed response from the police chief to each of the Justice Department's recommendations on the use of force, incident reporting and training.

        Pat Woodward Jr., a lawyer representing the city on civil-rights issues, said making a public statement now could upset the delicate relationship the city has built with the Justice Department.

        But the hearing did provide some fireworks, as when Councilman Pat DeWine suggested that the plaintiffs' lawyers didn't want City Council to fix problems in the Police Division because they'll get more attorney's fees through mediation.

        “We could respond to the Justice Department, work something out and just do it,” Mr. DeWine said.

        “But now we have attorneys in the collaborative process telling us not to do anything on our own. Then when they go to the judge and ask for a fee award, they have some tangible things to point to. That's what this is all about.”

        Later, Mr. Gerhardstein responded: “I resent Mr. DeWine's comments. I didn't get into this to make huge fees. This is not about manipulating the whole city for fees. We have other cases we could be pursuing. I would hope we could enter into this not cynically, but positively.”

        Then came this from Mr. DeWine: “I think it's outrageous for you to sit there and say I'm cynical for asking about taxpayer money.”

       



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