Viets' Group Has SWAT Appeals Turned Down

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The Citizens Police Review Board began the process of hearing two appeals last night as well as looking into improving Columbia police's internal investigation process.

After voting against an appeal made by California marijuana activist Ed Rosenthal last week, the review board reaffirmed its stance in a separate complaint by a conglomeration of 41 Columbia residents. Headed by Dan Viets of the American Civil Liberties Union Mid-Missouri chapter, the "Viets' Group," as it was termed during the meeting, requested in its complaint for appeal that action should be taken to address the officers involved in the incident and, more importantly, policies and practices of the Columbia Police Department.

The review board again voted 4-3 in favor of Chief Ken Burton's assessment that officers acted within the law and department policies during a Feb. 11 SWAT raid of Kinloch Court. Burton's conclusion states the eight-member SWAT team acted appropriately when it opened fire on a pit bull, resulting in the death of that dog and injuries to another.

Police had expected to find evidence of a drug operation but found only a misdemeanor amount of marijuana in Jonathan Whitworth's home. Viets and others feel a Columbia ordinance that makes marijuana law enforcement among the lowest priorities was not being followed and that police used a violent tactic for a non-violent crime.

"I don't think it is ever justified to bring violence where none exists," Viets told the review board.

The board eventually decided it would look into the city ordinance calling for marijuana to be a low priority for law enforcement. Burton has said previously he does not know how to enforce the city ordinance that contradicts state law.

Other members of the "Viets' Group" voiced their concerns that police informants should be used in a more appropriate fashion and said they were concerned that marijuana raids are conducted because of cash discovered at the scene that becomes forfeiture.

Review board member Steve Weinberg requested the board hear from Whitworth and another person that was in the home during the raid, but the request was denied on the basis that the board already reaffirmed Burton's investigation. The review board did not hear from Whitworth or the complainants before ruling last week.

An unrelated appeal also was introduced but postponed until proper documentation on the police department's behalf has been completed and submitted to the review board. The review board cannot begin the appeal process until Burton completes the documentation, which indicates the internal investigation is complete.

Other problems concerning internal affairs were brought up, including two investigations where complainants have not received letters from Burton confirming internal affairs findings after months of investigation. Viets noted a case that has been ongoing for six months, and local attorney David Smith has a client who has waited for four months.

Columbia police policy requires internal investigations to be completed generally within 30 days from the day the complaint is made. Extensions are granted for "good cause." The review board plans to make recommendations to streamline the investigation process, but no action was taken last night.



NewsHawk: MedicalNeed: 420 MAGAZINE
Source:The Columbia Daily Tribune - Columbia, Missouri
Author:Brennan David
Contact:Newsroom Staff Directory | The Columbia Daily Tribune - Columbia, Missouri
Copyright:2010 The Columbia Daily Tribune
Website:Viets
 
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