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Monday, March 21, 2011

Bothell King County DUI Attorney: Seattle DUI Squad Investigation bring DUI cases into doubt

Bothell King County DUI Attorney: Seattle DUI Squad Investigation bring DUI cases into doubt

 

SEATTLE -- The DUI squad sergeant being investigated for allegedly violating department policy was dealing with "serious family medical issues" during the months when he allegedly didn't follow procedure regarding DUI arrests, according to his union president.

All but one member of the Seattle police DUI squad were administratively reassigned last Wednesday and are being investigated for what the department called supervisory inconsistencies.

"The scope of the investigation at this point focuses on the administrative policy violation of screening all arrests with a supervisor in person, which department policy requires," according to a Seattle police statement. "This investigation is in its infancy. The scope may change as new information is developed."

The investigation is another setback for the department, which is being investigated by the U.S. Department of Justice following several high-profile incidents and an investigation request made by nearly three dozen Seattle-area organizations.

Seattle Police Officer's Guild President Rich O'Neill said there was a policy violation, but said it's not a big scandal.

"Realistically it's just an internal paperwork issue and you could have turned the paperwork in with no signature on it and it would have been just as valid."

O'Neill, himself a former member of the DUI Squad, said the screening requirement is not done by the State Patrol or the King County Sheriff's Office and can create significant travel time for the supervisor who isn't bound to a precinct.

Still, the investigation has raised questions about how cases might be affected.

Kimberly Mills, spokeswoman for City Attorney Pete Holmes, said the sergeant was not screening the arrests in person. The practice went on for many months, and dozens of cases are affected, she said.

The Criminal Division of the City Attorney's Office is expected to conduct an individual analysis to determine whether any of the DUI cases -- past and present -- may be impacted by the investigation findings.

Monday afternoon, Craig Sims, head of the City Attorney's Criminal Division, directed his attorneys to ask that all cases involving the officers under review be continued.

The attorneys were instructed not to agree to any pleas in cases that involve the three police officers implicated in the SPD review. Sims on Monday also provided notice of the issue to public defense attorneys.

"Once we determine the full scope of the issue we may look at past cases," Sims said in a statement.

The city attorney's office is waiting for the result of the internal police department investigation.

O'Neill said the matter is only an administrative paperwork issue.

"All of these arrest are supported by video, most of them are supported by blood evidence, and the legality of the arrests are not an issue," he said. "This was kind of like an audit of reports."

The sergeant, who was hired in Dec. 1978, received praise from O'Neill, who said the sergeant hadn't taken a sick day in three decades before the medical issues.

The squad had four members and one sergeant. Only one member of the squad, Officer Eric Michl, has not been reassigned.

The primary function of the DUI squad is to detect, arrest, process and help in the prosecution of alcohol and other drug-impaired drivers, according to the department.

Two members of the DUI squad, including Michl, are certified drug recognition experts, meaning they can evaluate and arrest drivers impaired by drugs.

Annually, the DUI officers arrest and process more than 1,000 drivers, according to department statistics.

 

For more click here:  http://www.komonews.com/news/118401244.html

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