I called for a supervisor ’cause I thought this is not going well and we need to make sure we are all covered here.–BIPD police officer, recalling Kim Koenig’s traffic stop
You know how it is when you’ve been pulled over by the police and you get a little dry-mouthed and guilty-looking as you fumble for your license and registration?
Well, the Bainbridge Island Police Department has gone dry-mouthed too since islander Kim Koenig started complaining about police misconduct. No matter how the facts come out, the island’s finest have made her lawyer’s job a little easier, with some guilty-looking moves of their own.
I’ve spent a few hours at the Bainbridge Island police station reading the Puyallup Police Department’s report on its criminal investigation following Koenig’s allegations. The records reveal a remarkable lack of observational and memory skills by the police during the traffic stop that led to Koenig’s arrest. Worse, after Koenig formally complained that she was assaulted by Officer Steve Cain, the BIPD destroyed written documents detailing at least one prior, relevant complaint against him. And Acting Chief Mark Duncan has refused to confirm or deny the accuracy of another officer’s statement to the Puyallup investigator that Cain was disciplined for a substantiated incident of sexual misconduct in the early 1990’s.
Background: According to the records I reviewed, Kim Koenig was a passenger in a car driven by her husband, John Muenster, when it was pulled over by a Bainbridge police officer just after midnight on September 30, 2007. (I’m leaving out all officers’ names except that of Steve Cain, who has been named in newspaper accounts of the incident.)
The officer smelled alcohol in the car, and quizzed Muenster about how much he’d had to drink. Muenster said his wife was an attorney and he wanted to ask her a question. Koenig advised him not to answer any questions or take any tests.
She argued with the officer about his request that she stay in the car and didn’t comply with that request. The officer radioed for another police unit and Officer Steve Cain arrived shortly thereafter. While the first officer spoke to Muenster, Cain handcuffed Koenig and took her to his police vehicle.
She claims he repeatedly yanked her arms while she was handcuffed, then “dry-humped” her on the hood of his car, and strangled her until she involuntarily defecated. He claims she was highly intoxicated and because she wouldn’t cooperate by getting into the police vehicle, he pinned her to the vehicle with his hip while he radioed for more backup.
Ultimately, according to the Puyallup report, there were five officers on the scene, including one supervisor. There was no suggestion in the report that Koenig was menacing or aggressive at any time. She was arrested for resisting arrest and impeding an investigation and briefly detained at the Bainbridge Island jail, until her attorney arrived and gave her a ride home. Koenig claims that Cain lied about her actions at the traffic stop in order to cover his own misconduct. The Kitsap County Prosecutor declined to bring charges against her.
Muenster was never administered any tests for alcohol consumption and was given only a speeding ticket.
A BIPD officer went to Koenig’s home on September 30, 2007 (the morning after her arrest), to take a report on Koenig’s allegations that she’d been assaulted by Cain during the traffic stop. The Puyallup records show that Chief Matt Haney (who has since become acting City administrator, leaving Deputy Chief Mark Duncan as Acting Police Chief) removed himself from the investigation “in order to remain impartial when determining disciplinary action, if any.” Duncan was named as the investigation’s point man.
After receiving the Puyallup report, the Kitsap County Prosecutor determined that there was insufficient evidence to prosecute Officer Cain. On February 4, Koenig filed a notice of claim against the City for damages in the amount of $400,000.
There are a lot of disputed facts here.
But here are some of the relevant details contained in the public records:
Destruction of records: By letter dated February 25, 2008 in response to my public records request, Bainbridge City Attorney Paul McMurray informed me that in 2002, a complaint was filed against Officer Cain for “inaccurate reporting” for which he was exonerated. The letter said that records relating to that complaint were destroyed “on or about January 4, 2008 (along with all other internal investigation files predating 2004.)”
Koenig has alleged that Cain falsifed his report in her case to cover up his own misconduct.
The documents on the previous complaint, which the BIPD had retained for five years, were destroyed in January even though the department knew of Koenig’s potential claims involving Cain.
Duncan told me that that the records were destroyed in the ordinary course of business. He explained that the BIPD’s former records clerk didn’t follow any particular records retention schedule. When the boxes of records were removed from basement storage last year due to problems with mold, current employees began to destroy the records in accordance with the state’s specified schedule. Duncan said records on an unsubstantiated complaint need be retained for only three years and as a result, the 2002 complaint records were destroyed in January along with other outdated records.
Poor observation and recall by officer witnesses: The officers at the scene displayed a troubling lack of observation and memory about the incident.
Here’s what a part-time reserve officer had to say to the Puyallup investigator about his recollection after he arrived on the scene:
“Um, I am trying to think of it all in context of the order…Um she I never really heard anything or can’t remember what was said but it from what I remember from [name deleted] reaction was that she didn’t say much of anything…I can’t specifically say I remember seeing her being put into the back of the car. I remember thinking about that after and being like ‘Oh yeah that’s when he put her in the back of the car.’ But it’s hard to tell. I mean that, that night was such a jumble and I didn’t realize I’d have to remember any of it…I wouldn’t want to testify to that on the stand saying that I saw her, because I honestly I am 75% I saw him put her in the back of the car but now it’s all kind of a jumble.”
He did remember that Koenig struggled to get away from Cain as she was being escorted to Cain’s car and that Cain “hip checked” her to “help her gain control.” He couldn’t remember if the term “hip-check” was used that night or if that’s his own interpretation of what happened.
Most of the officers told the investigator they believed Koenig was intoxicated, because of her “slurry” speech, and emotional behavior. But when pressed by the investigator, some also second guessed their impressions. For instance one officer said Koenig’s watery eyes were evidence of intoxication, but then conceded that the look of her eyes could have been caused by her crying.
I was unable to find any statement by an officer (other than Cain) who admitted to witnessing what happened during the crucial period of time while Cain was at his car with Koenig.
One officer said they “disappear around the back of the car and I can’t see them anymore.”
The supervising officer recalled that Cain had said in a sharp voice, “Just walk with me,” when taking Koenig to the car, but added that he “didn’t really see it.”
Another officer, who couldn’t recall seeing Cain and Koenig at the car, told investigators, “Um, she at one point and I don’t remember when it was but she mentioned something about he was dry humping me and at that point I didn’t, didn’t respond um, just because she to me she appeared very intoxicated, she was defiant, she wasn’t doing what she was asked to do.”
When asked whether police receive training in observational techniques, Duncan answered, “Police officers are trained not to make things up.” Admitting to a lack of knowledge, he said, “often adds to a witness’s veracity.”
Previous misconduct: Another officer (for clarity I’ll refer to him as Officer Smith) told investigators the following about Cain–
“Right around 1990-91 time frame, I was a younger officer here and he was a acting supervisor and uh, he uh, had a sustained accusation of having sex with a suspect. And it caused some issues and complaints for while and some heartache. And, uh, I was involved because I had gone there to interview her on some issues. She had basically made herself naked in front of me and suggested that we could have sex to fix it. And I exited like a bunny rabbit (laughs) and came back and told acting Sergeant Cain about the incident to be called into the chief’s office about five weeks later and asked about it. Because that’s when she started making the accusations against him.”
Officer Smith said after Koenig accused Cain of assaulting her that night, he went to Cain’s vehicle to try to talk to her, but Koenig would not speak to him. He said the previous incident of misconduct “played into my mind when the issue came up and that’s why I tried to go back and talk to her both about any physical contact and the accusation to find out, to try and find out exactly what it was that he had done.”
In the library’s Bainbridge Review archives, I found several stories in the spring of 1991 about an unnamed Bainbridge police officer who was criminally investigated after a woman made allegations that he raped her “during a non-duty contact between the officer and herself, who are acquaintances.” The woman later decided she didn’t want to pursue the complaint and no criminal charges were filed. But “an internal investigation of the officer’s actions…disclosed that there had been some impropriety on the part of the officer,” according to one Review article. The officer was demoted and suspended without pay for 10 days.
Duncan said he doesn’t know anything about the Review reports or the incident recalled by Officer Smith, or whether they involved the same officer. He said he’s not aware of records in City personnel files about the incident described to the investigators by Officer Smith. Emphasizing the lack of existing written records about the 1991 complaint he added, “Memories are not always absolutely correct after 17 years.”
Because Officer Cain and his union filed suit to prevent disclosure, the City hasn’t released the records from the Mercer Island Police Department, which conducted an investigation as to whether Cain violated any BIPD rules or policies. Like the Puyallup investigation, Mercer Island found that Koenig’s claims were unsubstantiated.
But transparency and good government demand that the community know the details surrounding the Koenig claim because it raises broader concerns than just the behavior of a single officer during one traffic stop. It calls into question the credibility and procedures of the BIPD, the training of its officers and the behavior of its officials. Those are serious issues that the department hasn’t yet seriously addressed.
Since the City administrator–who might normally be able to provide leadership in this situation– is also the police chief, he cannot be effective here. It may be time for the City Council to review the case, perhaps with an eye to appointing some kind of oversight group. This incident and the department’s subsequent actions shouldn’t be allowed to taint all of the hardworking, ethical officers on the force.
We will have to refile our complaints against Officer Cain and other BI officers for misconduct and endangering our lives since they were possibly shredded.
It is unfortunate that individual police, their union, and their department heads place a higher value on defending the behavior of “rogue cops” than on the professional and equitable delivery of protection to the community.
It seems to me that it has become necessary to install video cameras in police cars to accurately record such incidents, and to institute a police review board to review questionable behavior.
This would not only protect us from the faulty memories of the police and citizens involved, but from expensive law suits from abused citizens.
What Phil said! Good cops protecting bad cops makes for a force full of bad cops. Doing that sort of thing on an island of lawyers should net you what you deserve – a career change.
Why don’t we let the facts unfold before we start throwing around the terms “rogue cops” or “bad cops.” Let’s see a little patience before we indict Haney, Duncan and the police force in general as part of a vast conspiracy to threaten the lawyers of BI.
Also, P. Griffey’s statement “This would not only protect us from the faulty memories of the police and citizens involved, but from expensive law suits from abused citizens” perhaps should have said from citizens falsely claiming abuse.” Video cameras can be used very effecively to show drunken lawyers and others when there is a question about sobriety at the scene of a police stop.
And speaking of video cameras, when is BISD #303 going to hook up their uncrated video surveillance gear to protect the public and public property from vandalism?
Hoot. Thinking video surveillance on the BHS campus could be effective is delusional.
BTW there was NO evidence to support the claim of drunken lawyers which shows your cop is incompetent if not abusive. Which is another definition of BAD cop.
James, many of us besides Koenig have first hand disturbing experiences with the Bainbridge “rogue cops” and “bad cops.” This story is not an isolated instance of misuse and abuse of authority, or someone’s life put in extreme danger. Cameras won’t solve this, if files can be shredded, tape can be erased. Our rights have been seriously compromised in this community time and time again.
It’s not just lawyers, individuals in other professions have been abused. It takes us a little longer to navigate the legal system, but we will prevail.
Ms. C ~~ Hoot or toot — the fact is BISD #303 purchased with big tax-dollar payments surveillance equipment. Due to hand wringing by BISD Superintendent and Board and lack of leadership, the equipment sits gathering expensive dust. Cameras would help foil after-hour expensive vandalism. This isn’t complicated.
And as to a drunken attorney, I was using one trade as an example of drunks that get pulled over. And police-car automatic videos would make lawerly games of denying lawerly (and others) intoxication more difficult.
The other officers need to know that defending Cain is going to hurt everyone’s image. With complicity like this, how can we be sure that we or our children will be safe when the police stop them?
Capt Jim – there aren’t enough cameras in the world to cover the entire BHS campus and tape can’t see beneath a ski mask. (the kids aren’t stupid). The video would only serve to thumb a nose at people who can’t think outside the box – you obviously – and the fools who wasted money buying them. Someone should sell them off and move on.
We all owe Althea an incredible amount of gratitude for not only doing the research on this issue, but for courageously putting herself out there for the good of the community.
Althea, you are one strong woman. Thank you for yet again helping to fill the gaping void that is our local media.
Hopefully the truth about that night will be sorted out through the legal process. Unfortunately the police department has not helped itself or its officers by “coincidentally” destroying files that are clearly relevant to this case.
And one has to ask how, given the power and trust granted to a police officer, records of prior complaints against an officer (substantiated or not) could ever be declared outdated and destroyed.
I don’t quite get your destroying files pitch.
The aged files were two years over required retention and were destroyed. likely with a lot of others, on 4 January ’08. I was under the impression this lawsuit was filed in 5 February ’08?
Is your claim that the BIPD knew she was going to file a lawsuit a month later and the records were destroyed because of the of yet non-existent lawsuit?
I also know that from talking to Chief Haney in 2007, the Police Department building has water leakage problems. I recall a reasonably heavy rain storm in December 2007, and if it’s like my basement, water and mold was a problem.
Your records destruction pitch is a pretty strong accusation. I don’t see any facts supporting purposeful destruction on records. Is that the claim you are making?
I’m not opposed to a vigorous public debate about anything, but if this was journalism, I’d be all over your reporting slant.
Robert,
That’s one way to see it, and that’s the argument Duncan made.
But Koenig lodged a criminal complaint against Cain in September. The BIPD were sufficiently alerted to a problem that they asked two other police departments to do independent investigations (an unusual step for the BIPD) which were completed in November. She’s a lawyer. You don’t think they had a clue she might sue?
They had the records for 5 years which they could have destroyed (according to Duncan) at any time after 3 years. And yet shortly after Koenig made the accusations they are destroyed. If you go to the police station now, you’ll see boxes of files all over the place, so while I understand mold caused them to move documents out of the basement, they are still retaining numerous files.
The timing is curious at the very least. If the records destruction wasn’t intentional–and I didn’t say that it was–it was still incredibly stupid. Which is almost as bad in this context. And that brings me back to my ending paragraphs about the questions this case raises about department procedures and training.
You make a respectable point, but this was likely one of many files (and it was an exoneration finding) that was likely routinely destroyed. If the record retention period was three years, then these records could have been destroyed in 2005, 2006 or 2007. As a layer, you could just as well argue why did the Department keep the records past their required retention period? They should have procedures in place to purge and destroy records more timely.
With the hundreds of traffic stops on Bainbridge each year, the fact that backup was called in tells me this was far from a routine traffic stop. And then the fact that five officers eventually were at the scene makes me believe there was a situation that was starting to get out of hand.
A $400,000 lawsuit from a lawyer that specializes in going after police departments and claiming sex acts and and injuries is pretty heady stuff. She wasn’t airlifted to a trauma center as I understand your investigation … and since she apparently didn’t spend a night in a hospital, I’m thinking $400,000 for handcuff bruising might be pretty easy money.
I hope this isn’t settled out of court … I want to hear the real story from both sides in a court of law. Koenig may have a valid case, but I sense the opposite.
Ms. C –You call our BISD #303 “FOOLS” for buying suveillance cameras. Perhaps we agree about for different reasons. How is it Ms. C supports video cameras on all the patrol car and motorcyles and vessels but not at the schools? We have an inconsistency here. Why do banks have cameras if the miscreants who rob banks can wear ski masks? Technology is slick and should be used. The costs of repeated break-ins at our local public-funded schools are a drain on money for education. Break-ins and vandalism at BI schools are a right-of-passage for some. I sense here a certain off-center paranoia about cameras by Ms and that is the reason certain individuals at BISD #303 never plugged in what they bought. Fools or cowards, you take your pick.
Cameras are a deterent — what a revolutionary thought.
Robert go to the BI police station and make a public records request for the independent Mercer Island investigation report for Althea, ok? If you get the files, let us know, then we can talk more about your “just a coincidence theory”. Or are you afraid that the police guild would also sue you?
What makes you think court proceedings will honor the truth? Why do you think the misuse and abuse of authority is so frequent on this island? The local judges, prosecutors, and our county prosecutor Russ Hauge are worth taking a closer look at. Please don’t forget about our Mayor Darlene Kordonowy and her responsibility for allowing the ongoing police abuse of many Bainbridge Island citizens.
If you pay attention, more often than not the local police usually have more than one car and several officers for routine calls. Things are definitely out of hand.
Maybe we should use those cameras in city hall.
Having been employed by the Winslow and Bainbridge Island Police Department for about 30 years and recently retiring from there, I have seen first hand what our officers and staff go through on a day to day basis. Do I love them all? Nope. Do I respect them all? Nope. Are they all dedicated to their job? Yep. Are they held to a higher standard than your average citizen? Absolutely. By throwing around phrases like “rogue cops”, “abuse of power”, “police brutality”, etc., you not only invalidate the superior performance of most of the officers, but without citing specific examples of such behavior (other than Officer Cain’s alleged misconduct) readers are lead to believe that these allegations are uncontested. I can assure you that not all officers make the same decisions in the same circumstances. That doesn’t make one of them right and the other one wrong. It makes them human. There has been a lot of talk about the “victim” being a lawyer and somehow is entitled to better treatment than other citizens because of it. Do some lawyers drink? Yep. Do some lawyers then drive? Yep. Are lawyers less likely to kill someone when they are driving drunk? Nope.
As far as things getting out of hand because more than one officer arrives at routine calls, please explain “routine calls”. Bank alarms are routing because they happen all the time. Should only one officer respond? Traffic stops are routine because they happen all the time. Is each traffic stop safe for the officer? Domestic calls are routine because they happen all the time. Should one officer respond?
People seem to think that Bainbridge is somehow immune to crime – or it should be. Wake up, people. It’s catching up to us every day. And our officers are expected to respond to these everyday, day after day. And they do it with courage, pride, integrity, and compassion. Every situation does not call for a pat on the head, a “promise not to do that again”, or “play nice”. Sometimes, these officers have to do what is required by the situation. Even if it involves a lawyer.
pritchie:
I agree wholeheartedly. I know several BIPD officers for whom I have the highest respect. As I’ve written before, I admire anyone who willingly puts themselves in harm’s way on behalf of the community. More than once I’ve witnessed a BIPD officer who went the extra mile to help a teen or someone in need, even if it meant significant extra work for the officer.
That’s why I made the point in this article and previous posts that this incident should not be swept under the rug. When that happens, people are left to whisper and speculate, which can only taint the rest of the department. Open, transparent government is the best way to gain the respect and trust of the community, and that goes for police as well as any other deparment.
The one thing I disagree with is that there’s been a suggestion that as a lawyer, Koenig is entitled to better treatment than an average citizen. In fact, if you go to the first Kitsap Sun article about it, you’ll read dozens of comments that criticize her and assume she is lying because she is a lawyer.
Althea — your statement to Pritchie reveals more than you might have intended. While Pritchie calls for some understanding of the difficulty of being a cop — and being a cop on BI — you make this curious statement about the officers here: “I know several BIPD officers for whom I have the highest respect.” Must you “know” the BIPD officer to “respect” them. Doesn’t a certain professional respect accrue to them in their professional capacity and in the case of where it is not warranted, then you can challenge or not hold in regard. In the lawyer game, must you “personally know” a judge to respect that judge or isn’t part of the respect a faith in the judiciary?
There is more than a passing amount of hysteria going on in the under current of your premise. Parania at times is warranted but is all of this one gigantic cesspool of corruption as some of the commenters seem to portray. I, for one, think that is not the case. The power of the pen is impressive but it also carries some responsibilities for balance and context.
Oh, and the blog comments in the Sun you cite as reason to only respect a few of the officers, was a great example of a feeding frenzy ala Buzz days of yore.
Very often it is the 10% of population that is anti-social or deviant in its thinking and behavior that gives the other 90% a bad reputation. I think this is true whether we are speaking of the law-abiding community or the law-enforcement community. I do not doubt that most B.I. police are dedicated professionals who do not abuse their position and authority.
If there is nothing to hide in the Puyallup and Mercer Island Police reports that “exonerated” the office concerned, why are he and the Guild taking legal action to keep them from the public? Just because the other police departments deemed the civilian’s claims as “meritless” does not make them so. They were not disinterested parties. “Professional courtesy” is not a concept pertinent only to lawyers. If the Puyallup or Mercer Island Police had a similar situation in the future, I think they would feel comfortable calling on the B.I. Police to adjudicate.
There was an interesting post to the origianl story that ran in the Sun:
Posted by getaclue on March 7, 2008 at 4:22 p.m.
… I grew up in a law enforcement family as well as being on the wrong side of a rogue cop, so I know both sides. I saw my relatives do a lot of good in law enforcement, but I also saw them turn a blind eye to “bad” cops, claiming there wasn’t anything they could do to break the thin, blue line. There are bad cops in every department… but there are far more “good” cops that accept their behavior. That is more disturbing to me than the bad cops. And how do I, and the general public, distinguish between the two when your freedom is on the line? I will never trust a law enforcement officer, knowing what I know about them.
Anyone who knows law enforcement officers socially, knows that they do not worry about getting speeding tickets, no matter how fast they drive. I would suggest that it is not implausible to believe that “self-regulation” among police is no more effective than it is in any other field. If we want to protect the community both from frivolous law suits and from police mis-conduct, we should have video cameras in police vehicles to record traffic stops; and a Police Review Board to serve as a disinterested adjudicator to disputes.
Pritchie: Since you were employed by the BIPD, would they honor your public records request? Many of us average citizens (we are not all lawyers on Bainbridge) can not get records through the public disclosure act to adequately defend ourselves from ongoing acts of misuse and abuse of authority.
We speak in generalities to protect ourselves. We do not want to be airlifted and hospitalized (the litmus test for Robert to be able to claim abuse) next time around because we dared to outline facts in a public manner.
Can you get the Mercer Island independent investigation records for Althea who has gone out of her way to help bring out the facts about our local police department in a fair and balanced manner? What’s to hide? Why is the police guild suing Althea?
JMO you read way too much into what I said. I happen to have had dealings and communications with some officers who were very impressive. (I also have had dealings with a couple who were unprofessional and rude. We’re all human). I have nothing against anyone in the BIPD. But as you often say, sunshine is the best disinfectant.
Respect aka value is earned not granted. Respect aka esteem for an office or profession is simply good manners. Crying paranoia aka insanity is typical of ad hominem attacks.
Althea seems to have an abundance of good manners.
Ms. C — In our complex universe something else we agree on: respect for police/judge as an office is in order. I agree. So why the suggestion one has to earn “respect”? Must BIPD officer do something personally for you to gain your respect like say return your checkbook or dog?
And yes, Ms. C, Althea does have a good supply of cheery nature and tolerance of opinions that may be in opposition to her story line. Do you think she could share some with you? :(
To Anonymous: Reports and public records are not released from BIPD based upon who you are or why you are asking. There are strict legislated rules and regulations about public disclosure that all departments must follow. In most cases, disclosure is easy to determine. In some cases, not so much, which is why the City Attorney is involved. That’s why he gets paid the big bucks. I can’t speculate about why the investigative files are not being released, but I could not get them any more than Joe Citizen could. I know how frustrating it is and how “suspicious” it looks when records requests are denied. But, it works both ways. There were plenty of times I would have relished releasing a report because I knew it would clear the air, but I was legally restrained from doing so. There were also plenty of times I had to release reports and records and I knew they would destroy another person’s privacy. It’s a difficult call to make – no matter what side you’re on.
Unfortunately BIPD does not follow the “strict legislated rules.” So the reference to not being an attorney comes from the fact that those of us who are not, usually have to engage outside assistance on a regular basis to uphold our basic rights in this community.
For some reason our city attorney McMurry does not provide for our local authority to properly interpret or apply code and laws, or citizen rights. Speaking from first hand experiences.
As far as respect goes, every human deserves respect. Even those who are not police or judges, or a mayor, such as citizens. If an individual no matter what their occupation, acts in an unethical manner and causes harm to others, respect is not in order. Thus the old adage respect is earned, not given.
So we are back to square one. I hope Koenig nails the city to the wall, and that our corrupt police department gets overhauled, including those individuals who decide what documents can be released as a matter of public record. That an oversight committee or independent review board is put in place to help protect the residents from further harm.
Three cheers for necessary change in our police department and city government on Bainbridge Island.
Anonymous,
I repeat, slinging around phrases such as “corrupt police department” unfair and uncalled for. The alleged misconduct of one does not negate the service of the rest. However, you are certainly entitled to your opinion. Obviously, no amount of logic or explanation will change it.
Regarding public records requests:
People need to have made one before they understand how long it takes to get them fulfilled. I get some records requests filled in a matter of days, or hours. The politically sensitive ones-though- forget it! Weeks and months! And that “pen of redaction” flows broad and long.
I was assulted as result of abuse of authority, Cain was involved, so were many others, go figure. Your opinion of my experiences does not minimize the accuracy of my statements, or our suffering and how the police department and city failed to properly address the ongoing problems. Maybe you should review your logic before you sling your opinions.
This is becoming quite an on-line conversation! Hope the previous writer didn’t take my comments to be about her, but rather about others who said that it is easy to get information simply by asking for it, when it is not.
There are two issues here: police conduct, and access to information. Althea’s subject is “The Thin Blue Line”, and how everyone in the department will be tainted by wall of silence, regardless of cause. People in a small community like ours need this information, either to restore trust, if this is warranted, or to take the necessary actions to deal with core problems.
I’ve read the comments here and I believe most miss the point. What were the five officers called to the scene doing as the events involving Officer Cain unfolded? According to BIPD procedure, their sole responsibility was to observe and document exactly what was occurring. Instead we now hear that “I never really heard anything or can’t remember what was said” and that “it was hard to tell.” Unfortunately, these vague comments stretch credulity and call into question the performance of the entire BIPD. The whole affair smacks of cover-up and obfuscation.
To make matters worse, Acting Police Chief Mark Duncan weighs in with a comment that “Admitting to a lack of knowledge…often adds to a witness’s veracity.” I’ve scratched my head over and over trying to digest that statement and have to admit that his statement borders on the ridiculous. How in the world can lack of knowledge (especially when that is the officer’s sole responsibility) add to the officer’s veracity?
Now, acting through his union, the Bainbridge Police Officer’s Guild, Officer Cain has gone to court to prevent BIPD from disclosing to Althea the internal investigation of the incident with Kim Koenig. Identified in the lawsuit he has filed as “Officer John Doe”, Officer Cain and his all-powerful union are fighting to prevent the citizens of Bainbridge Island from learning the truth. Althea, to her credit, has refused to back down and has hired counsel to fight for disclosure of the investigative report. Officer Cain and his Union are arguing that disclosure of the report is “not in the public’s interest” and that disclosure of the Report would ‘invade his right to privacy”. Are you kidding me? What could be more “in the public’s interest” than our police officers acting in a way that potentially violates our civil rights?
I believe that, as citizens of this community, we must never give up in our efforts to make the actions of BIPD transparent and we must support any and all efforts to hold our police department to the highest standards of honest and ethical behavior.
Rod- our last comments were for Pritchie.
The main take-away from all of these posts is that our community, like many others, needs pro-active citizen oversight of its police. There are too many rumors of police misconduct to be ignored. Like many things, you have to truly experience something before you know how bad it is, and many of us have this experience. The stories and truth are all out there……you just have to listen……police reports that are lies, false arrests, and abuse of authority/power. How the BIPD treat our teenage children is particularly disturbing. Unfortunately, this is not unusual for many small towns…..Gig Harbor, Poulsbo, Sammamish, Issaquah, Medina, and on and on. We have a choice……ignore it, or change it. Althea…..keep up the good work…..you are really onto something, and it’s the dirty little secret of Bainbridge Island. With your efforts, maybe it won’t be such a secret anymore. Out of this needs to come a decision from the community, City Council, and Mayor to establish a citizen oversight plan for the BIPD……it will give comfort to the BIPD officers who perform their job well, and maybe we can drive out those who don’t.
A blog will never settle anything, so if there is a perception (or reality) of BIPD either abusing civil rights or not measuring up to expected community standards, then an unbiased, independent oversight review board might be in order.
The Community Relations Committee, presently headed by Hilary Franz with Barry Peters and Kim Brackett as members, has the Police Department under their Committee responsibility. Any citizen can appear before that committee and speak to forming such a review board. If they concur, they would then make some form of recommendation to the City Council to get the process started.
One idea might be to use the already established Ethics Committee. They presently have only responsibility for elected officials, but they have not been overworked, and might (or might not) be interested in taking on an additional tasking.
As a footnote, I also support video cameras in police cars. A tape with audio of this incident would likely have added much clarity to this case.
We have already made a request for an oversight committee at a CRC meeting. We were thanked by Bill Knobloch who was on the committee at that time and he apologized that we had to relate our experiences in public manner, the reason for our request. Nothing else was done. Chief Haney was also in attendance.
I am sure I am not the first non-insider to be completely dismissed despite the significance of our concerns. How many others have made a similar request over the years? How many have gone to the Mayor and the council to relate an incident concerning abuse of authority without so much as an appropriate response? Probably 100 or so.
Maybe you have some influence Robert.
I have been a customer of Chief Haney’s politically influenced selective vision on law enforcement. BIPD will enforce what is is forced on them to enforce on political issues with filed complaints– signs — but will make sure nothing comes of any information they receive or actively try to enforce laws against vandalism and theft. I have also seen cases where BIPD Haney has used to BIPD as a blunt instrument to politically intimidate. On both these instances COBI Council sat by fat, dumb and happy to see nothing was done to stem a politicized BIPD front office.
Talk is cheap from Council members about the value of accountability and transparency. Action on their part to demonstrate accountability and transparency and to demand that from COBI departments — including BIPD — is not in their action plan.
Yes, it will take more than blogs to get effective police oversight established in the BI community. You only have to follow the articles about the incredible effort it has required to do this in Seattle. It’s particularly sad to read comments from “Already Been There” about the 100? people who have unsuccessfully approached the Mayor/City Council with concerns about BIPD and have it brushed aside, or worse it’s referred back to BIPD to “resolve.” Not surprised though; I personally went through the same thing. Maybe this 100 plus another 100 need to show up together? The stories of abuse are true, and many more than 100 have experienced them first-hand. A person just needs to listen and the stories come forward. As mentioned earlier, the BIPD approach to our children is particularly distressing. One example of police attitude towards both parents and children is in Joel Sackett’s “An Island In Time” book. Turn to page 91, and read about how “things are different here” with our Type-A personalities and arrogance. Some of this is true in any community, but I didn’t realize that it was the job of the police to put us in our place.
Althea,
Thank you for shining a light on the activities of the Bainbridge Island Police Department. You are brave to take this on. I believe there are a number of people that suffered very negative consequences when they have dared to challenge the heavy handed tactics of the Bainbridge Island Police Department. Unfortunately, Deputy Chief Duncan seems to support and encourage this aggressive behavior.
When it comes to the accusations against Officer Cain, members of the public have appropriately and properly requested information regarding his past conduct. If the records were “shredded” it does not mean that knowledge of the incident is gone. There are individuals who know the content of this investigation and who should share this information with the public. After all, doesn’t the employer (the public in this case) have a right to know what an employee has done? Deputy Chief Duncan appears to be obstructing the community’s right to know what their public employees have done. The Bainbridge Island Police Department is supposed to protect and serve the citizens. It appears on the face of Mark Duncan’s actions, the management of the BIPD is only interested in protecting and serving themselves.
Additionally, the staffing hierarchy of the Bainbridge Island Police Department is worth questioning. It is my understanding that there are a total of seventeen officers, made up of fifteen who are in patrol and two detectives. These seventeen officers are in turn supervised by five first line managers who call themselves Lieutenants. This is a span of control of 3.4 employees to one manager. In the normal business model, the span of control for managers (supervisor to employee ratio) is somewhere between 4 and 8 employees to one manager. One could argue that individual police officers need a great deal of supervision so the 3.4 to one ratio is probably about right. These supervisors report to the Deputy Chief, a five to one ratio, once again, probably an acceptable ratio. Now, this is where it gets curious. The Deputy Chief reports to the Chief, a one to one employee to manager ratio. . The Deputy Chief position, which was created during the last few years as an added layer of management, seems unnecessary in a department as small as ours. This is illustrated clearly by the fact that the Chief was available to assume the role of acting City Manager. Rather than allow Chief Haney to audition for his next job at taxpayer expense, the community might be better served by eliminating Deputy Chief Duncan’s position. Let’s then ask Chief Haney to do the job he was hired to do.
In conclusion, if the management of the police department had less free time, they would likely see the expediency of simply being forthright about their actions rather than indulging in costly, time consuming and self serving maneuvers. In light of this lack of openness on the part of the BIPD, maybe it’s time for all citizens who have complaints or grievances, both past and present, to come forward publicly rather than through the secretive and self serving system that the police department has established.
Perhaps time now for a citizen’s meeting to be announced and held enabling those who have experienced abuse by the BIPD to share their experiences in full light of the community and press?
“In the Projects” we’ve had our share of interactions with BIPD. Sometimes they really help us – one officer bought a kid a bike helmet – and sometimes, like the time I called the Chief Friday night on his cell to complain about a high school drinking party in our parking lot, he said, “call the office on Monday”.
When I replied I might get more action from the State Police, we suddenly had lots of help.
I don’t recognize faces well, but after explaining to BIPD that I have difficulty communicating, once when I called DSHS for medical help, some paper pusher thought they’d push the paper BIPD’s way. The officer who arrived on my doorstep was just as confused about why he was there as I was. And his name was Steve… but I don’t remember if his last name was Cain, or not.
Mr. Griffey, not only are 90% of us more or less decent, and 10% (sorry, Ms. C., you chose the moniker), curmudgeons; but 90% of the decent folk are indecent 10% of the time and the 10% of the indecent ones are decent 10% of the time.
Steve was patient, and kind; but when I raised my hands, because I use my hands to speak, he flinched. Oh… that enemy of us all: fear.
Not that leadership has anything to do with anything, but from where did our esteemed leader of the police force come, and what is his background? We are fortunate to live in one of the safest municipalities on earth; yet what leaders are we choosing, please?
Just to get my full penny’s worth, I understand there is a Japanese proverb: “the other side of every coin has another side”.
I did not tell Ezra Pound Foolish that I was pushed around by the police.
There is something that sounds so very low-life about being roughed up by the local constabulary.
Of course, we’re older now, but Ezzie still thinks I’m a civil gal. The police? Oh… They probably only did it because they thought they could get away with it. I’m just guessing.
The police probably thought I would be too ashamed to say anything, too. Or maybe it’s because I eat bagels with Peggy Guggenheim’s nephews.
Or maybe I should ask Ezzie. Ciao from Navels, Penny and Ezzie