Officer Arrests Officer At Crime Scene

[Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers crime scene contamination filing a formal complaint and officer retaliation and comes to us from the batosis channel be sure to check out the description below and give them the credit that they deserve before we dive into the interaction i want to give a big thanks to the sponsor of this episode news voice social media has such a profound impact on the way we consume information and it is becoming increasingly more difficult to find news that isn't saturated with opinions and misinformation news voice is a revolutionary new take on digital media and offers its users a news platform unlike anything else on the market the news voice app is completely open and democratized and is driven by its users it works by compiling news stories from all over the world and linking multiple sources to each summary with tags that shows their origin and political bias with news voice you can explore all the angles of any story and decide for yourself which source has the correct information and perspective and upvote the stories you find interesting the news voice app is available on both ios and android and is completely free you can support ata by downloading news voice using the link in the description and experience a new take on the news thanks again to news voice for sponsoring this episode on february 4th 2020 street musician michael malinowski was playing guitar at the jackson redline station in chicago illinois when a 38 year old mentally ill woman attacked him 35 year old chicago transit authority supervisor martisa lee received a call over her radio about the incident and responded immediately officers from the chicago police department quickly arrived on the scene arrested the suspect and called for medical assistance from mr malinowski authorities determined that the platform was a crime scene but were unable to cordon off the area because they did not have enough of their standard yellow tape to do so the chicago tribune reported that more than a dozen people walked through the unmarked crime scene before officer raymond herron spotted mrs lee and confronted her oh they got to go on the outside this is all the crime scene yeah he's grabbing after the victim watch out oh yeah you need to get out of the crime scene man please get out of the crime scene that's what i'm telling you and you're touching me because you're in the crime scene and i mean you're not going to crime and i'm doing my job do not touch me you're not doing your job you can do your job from right there you can do your job right there don't go through the crime scene and don't go through the crime scene again don't touch me again don't go through the crime again it's very simple we could go back and forth all day [Applause] preserving the condition of a crime scene is a vital element of the investigatory process and as noted by assistant director of the criminal justice institute dr cheryl may crime scene contamination usually results through the actions of the personnel at the scene in general the greater number of personnel at the scene the more likely it is that the scene or evidence will be contaminated the national institute of justice's crime scene investigation manual states that controlling identifying and removing persons at the crime scene and limiting the number of persons who enter the crime scene and the movement of such persons is an important function of the initial responding officers in protecting the crime scene and institutes a policy that the initial responding officers shall identify persons at the crime scene and control their movement the manual's procedure instructs officers to control all individuals at the scene and prevent them from altering or destroying physical evidence by restricting movement location and activity while ensuring and maintaining safety at the scene and to exclude unauthorized and non-essential personnel from the scene including law enforcement officials not working the case although some people had walked through the crime the officers were making a legitimate effort to secure the area and officer herron was well within his authority to control the movement of anyone walking through the scene who was not directly investigating the crime that had taken place approximately seven minutes after officer herron removed mrs lee from the crime scene sergeant william speicher arrives and mrs lee confronts him about officer herron's conduct but we can deal with this person oh maybe you were in the crime scene i'm not sure i'm not bad and i'm [Music] you want me to ask him why i want something to be done but if he tells me that you are obstructing the crime scene we're gonna arrest you you're not gonna yes we are my job this is my job we're not gonna oh that's the way it's gonna go if you it's not gonna go because that'll be his job mrs lee makes the assertion that because she was not in the exact area where the crime took place then she should not have been moved however the scope of a crime scene is not limited to the immediate area of which the crime took place the nij's crime scene investigation manual states that boundaries are established beyond the initial scope of the crime scene with the understanding that the boundaries can be reduced in size if necessary but cannot be as easily expanded the manual's policy states that the initial responding officers at the scene shall conduct an initial assessment of the extent of the crime scene and then establish and control its boundaries whether or not mrs lee was near any of the vital elements of the crime scene is irrelevant the officers are within their authority to establish and control any areas they deem relevant to the investigation now you're playing apples and oranges this is our order to be pushed okay i'm going to ask him are you the supervisor yes i am is it worth it to you that serious for this yes because he pushed me did i play did he push you out of the crime scene yes i almost took the blue tack tail they pushed me too because i didn't know i was in the middle you're a guy i don't know let no man allow me i don't care he didn't push you down it doesn't matter but he pushed him he touched you exactly can i touch you and grab you the way he grabbed him we can touch you to move you out but i sent you and grabbed you the way he grabbed me ma'am we can touch you to move you out of a crime scene so i can tell you a movie no you can't touch me this is not your job this is our job officers of the chicago transit authority have no investigatory powers in regards to violations of state laws as a cta supervisor mrs lee's primary function at the crime scene was to oversee stops in the loop and determine which train should be stopped or rerouted nothing in her official capacity would grant her access to a restricted crime scene once the chicago police department took over the scene it is important to review the moment that officer herron ushered mrs lee out of the crime scene as she continues to assert the notion that officer herron pushed her out of the way the body cam footage shows that the officer physically guided mrs lee out of the crime scene and did not forcefully push or shove her as she claims your job is to conduct the training exactly and i was talking to my manager your job is to con to work with the trains this is now our crime scene if you're in the middle but we can move you out of me yes i'm not i'm not trying to move you out of the crane because i'm not your crime scene there's no complaint if that's your complaint there's no complaint transformer if i have your legs okay yeah we're gonna have to i'm gonna talk to him man no that's fine but i that that's fine whatever you saying that's fine which one of you guys grabbed her [Applause] because she was walking through the crime scene and i took her from behind and i guided her outside [Music] anyway you said you needed one for me sorry [Applause] was she obstructing the crime scene yes i told her it's all my body camera i told her she had to get out of the crime scene she kept walking i told you to get out of contract did she continue in our crimes walking away i mean are we done with this i mean he's explaining why no i'm not done with it you're not done with it oh i'm not because do you want to have her arrested for obstructing her crime scene she could laugh all she wants but she cannot obstruct our crimes although sergeant spiker may be within his authority to arrest mrs lee for obstructing the crime scene it is clear that the motivation to effectuate an arrest was derived from mrs lee's intention to file a complaint against officer herron a former supervisor of chicago's police oversight agency lorenzo davis told the chicago tribune that it is unlikely officer herron would face disciplinary action for removing lee from the crime scene but also stated quote everyone has a right to file a complaint an arrest should never be conditioned on whether that person drops the complaint or not chicago is one of the few cities that has both a bureau of internal affairs and a civilian office of police accountability which essentially work congruently with one another whenever a complaint is filed sergeant spiker does not retain the authority to dictate whether a complaint against an officer is valid and according to the chicago tribune city policy requires officers to report a complaint to the civilian office of police accountability within one hour of receiving it sergeant speicher chose to arrest mrs lee only after she insisted on filing a complaint which is an obvious act of retaliation was she obstructing her crime scene she did not exit when i told her i said maybe i got out of the crime scene she didn't listen several [Applause] [Music] officer herron places mrs lee into handcuffs and mrs lee's manager arrives on the scene shortly thereafter after some negotiations with the cpd officers mrs lee is released and allowed to go free without any charges according to the chicago tribune mrs lee's name appeared on the cpd's official incident report accusing her of obstruction of justice and potentially contaminating the crime scene but failed to mention mrs lee's request to lodge a complaint or that she was detained for another seven minutes after officer herron removed her from the unmarked crime scene following the encounter mrs lee filed a formal complaint with the civilian office of police accountability who recommended that sergeant spiker be stripped of his police powers while it investigates the complaint chicago superintendent david brown has not yet responded to the notification and the sergeant continues to serve in his official capacity mrs lee has since filed a federal lawsuit alleging that the officers falsely arrested her and violated her first amendment rights and is still employed with the chicago transit authority overall officer herron and sergeant spiker get a c-minus because although they were within their authority to order mrs lee to evacuate the crime scene they principally arrested her for attempting to file a complaint did not appropriately document the encounter and made no effort to de-escalate the interaction as mentioned earlier officer herron did nothing wrong by removing mrs lee from the crime scene however every complaint against an officer should be taken seriously and sergeant spiker's dismissal of mrs lee's claims and reluctance to include her complaint in any official reports indicate that her arrest was an act of retaliation instead of assuming mrs lee was wrong and ignoring her complaint he could have simply taken her complaint directed her to the proper resources for filing a complaint and allowed the bureau of internal affairs and the civilian office of police accountability to assess the validity of mrs lee's claims it is difficult to justify any of the cpd officer's actions beyond removing mrs lee from the scene and it will be interesting to see how the department handles the complaints and the ensuing lawsuit mrs lee also gets a c-minus because although she may have been detained in retaliation she initially refused to leave the crime scene made false claims about officer herron pushing her and escalated the encounter by being hostile and confrontational much of mrs lee's conduct was driven by her damaged ego from being forced to leave the crime scene and she would have been better off filing her complaint with the proper authorities rather than seeking immediate reprimand of officer heron i have no doubt that mrs lee's detainment was unjust however her actions alone caused the initial dispute and she was extremely antagonistic about being lawfully removed from the crime scene all that said mrs lee should never have been faced with the choice of filing a complaint or being arrested and there is merit to her lawsuit against the officers in this interaction both parties were right in some ways and wrong in some ways and just as for one party does not necessarily equate to justice for the other let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to like and subscribe for more police interaction content [Music] you

Channel: Audit the Audit

Views: 1,682,437

Rating: 4.4999857 out of 5

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: Ao0SzpsL0eQ

Length: 14min 7sec (847 seconds)

Published: Mon Aug 10 2020