Final yr, the Maryland Common Meeting gave the state’s lawyer normal the ability (and the monetary sources) to investigate police-involved deaths of civilians. It wasn’t a brand new duty given flippantly however as a part of a bundle of police reforms. Starting on Oct. 1, 2021, the Impartial Investigations Division throughout the Maryland Legal professional Common’s Workplace has been scrutinizing each incident statewide the place a civilian has been killed and a number of law enforcement officials have been concerned. In every case, state investigators took a have a look at the matter — from shootings to high-speed chases and different potential encounters — after which submitted their findings to native state’s attorneys for potential prosecution, most inside a matter of two weeks.
The primary full yr of incidents have been compiled right into a 48-page report launched on Nov. 29 that opinions a complete of 23 deaths and raises an vital query: If Maryland has gone to the difficulty of making an unbiased workplace to research police-involved deaths, shouldn’t the outcomes go to an unbiased prosecutor as properly?
Right here’s the simple reply: Sure. Simply as Legal professional Common Brian E. Frosh beneficial when the IID was first proposed, it simply is sensible that if the state is to imagine the investigatory duty as an unbiased third social gathering, the choice over whether or not to prosecute should be dealt with equally. Public belief in legislation enforcement is just higher served if incidents of fatalities involving legislation enforcement officers are topic to not simply outdoors scrutiny but additionally are left to outdoors prosecutors to resolve whether or not felony expenses ought to comply with. It’s to the advantage of the neighborhood, the police company, the deceased’s household and, sure, of the officer as properly.
Take one instance. Eight months in the past, a Harford County sheriff’s deputy shot and killed a civilian. The sheriff’s workplace selected to not cooperate. As outlined by the AG’s report, investigators weren’t allowed to course of the scene, because the investigation was managed by the sheriff who refused to acknowledge the IID’s authority and even stored management of all footage from police body-worn cameras. Quickly after the April 23 episode, the AG’s workplace filed go well with in Harford County Circuit Courtroom to pressure compliance with state legislation. The choose granted a restraining order, however “an extra drawback arose.” The county state’s lawyer announced he would not be prosecuting the case — earlier than the IID investigation was full. Did that change into incorrect name? We don’t know. It might properly have been “suicide by police” as was claimed. Nevertheless it definitely doesn’t look good when selections are introduced earlier than all of the proof is in. How can the general public have religion that it was the right judgment?
The temptation in such instances is clear. Native state’s attorneys depend on their relationships with native police businesses to deal with the routine matter of investigating and prosecuting crimes of all types. The creates a form of coziness and interdependence that doesn’t lend itself to dealing with potential misconduct by one or the opposite. Add to that the potential for racial bias in using lethal pressure — a matter of appreciable public curiosity lately — and it will appear completely essential to have this degree of state involvement. The lack of belief in legislation enforcement and native prosecutors is not any small matter.
Sen. William C. Smith Jr., the Montgomery County Democrat who chairs the Senate Judicial Proceedings Committee, has already pledged to introduce legislation within the coming Common Meeting session to offer Legal professional Common-elect Anthony Brown and the IID prosecutorial energy in these instances. We belief lawmakers will assist such a transfer. It’s not supportive of legislation enforcement to fail to offer such people with correct oversight. Fairly the opposite. How can law enforcement officials, whether or not patrolling the streets of Baltimore or the agricultural byways of Carroll County, do their jobs successfully if the general public belief has been so ruinously broken? How significantly better it will be if common residents can have full religion that everybody is held accountable underneath the legislation.
Baltimore Solar editorial writers provide opinions and evaluation on information and points related to readers. They function individually from the newsroom.
