Elicker: Remove Griffin From Shooting Probe

(Opinion)—It’s been four days since a Yale Police Officer and a Hamden Police Officer fired 16 shots at Stephanie Washington and Paul Witherspoon, both unarmed, in Newhallville.

Since then, community members have protested in large numbers demanding accountability and action. While the mayors of both Hamden and New Haven and Yale University’s president are working to address the issue, more must be done. It is critical that leadership does everything possible to ensure justice and accountability, and that law enforcement plays its intended role to keep our communities safe.

First, the Hamden Police Department should release the body camera footage and New Haven should release police radio audio recordings to the public immediately.

The Hamden Police Department said they ​“cannot release any video and/or audio recording related to the shooting, at the request of State’s Attorney Patrick Griffin.”

General investigative practices that are designed to maintain the integrity of an investigation, while important, can and must yield to other important concerns. Here, the small potential that releasing the video might negatively impact the investigation is overwhelmingly outweighed by the importance of transparency that is critical to the public’s trust in the police and government leadership. The fact remains: video recordings from bystanders depict a different story than what the Hamden Police said. They must release the body-camera footage.

Many cities have initially hidden behind a claim about the ​“integrity of the investigation” only to later release body-camera footage under intense public pressure. We often talk about New Haven as the home of community policing, but what message are we sending to the community when we withhold this critical information?

Cities like Tempe, Arizona, have shown leadership by publicly releasing body camera footage shortly after police shootings have occurred, even when that footage exposes the officer’s wrongdoing. Tempe’s decision did not bring back Antonio Arce, a fourteen-year-old whom police shot and killed, but it proves that cities can break with past practices of trying to bury bad evidence — and can incrementally begin to gain back the public’s trust in the process. 

What municipal leadership often fails to value is that video footage is inherently different than other investigatory evidence. The widespread use of cellphone video footage and the immediate access to these videos is the very reason that racially-based police shootings are now elevated in the broader public’s consciousness. Sharing video footage quickly and publicly is critical to rebuilding the public’s trust in the system. I urge our local law enforcement: Release the tapes immediately.

Second, the Connecticut Chief State’s Attorney should assign a different State’s Attorney that does not have a conflict of interest to investigate the case.

Patrick Griffin, the New Haven State’s Attorney, should not be the prosecutor investigating this shooting — or directing New Haven and Hamden whether and when to release evidence to the public. Connecticut Chief State’s Attorney Kevin Kane should immediately refer this use-of-force investigation to a different State’s Attorney.

Although advocates for Jayson Negron were heartbroken by the decision that the use of force against him by Bridgeport Police was justified, even there the Chief State’s Attorney did not allow the Fairfield State’s Attorney (which relies on Bridgeport Police for its investigations) to lead the investigation into Bridgeport Police. Instead, Chief State’s Attorney Kane referred the case the very next day to the Waterbury State’s Attorney.

Here, the New Haven State’s Attorney works on a daily basis with Hamden, New Haven, and Yale Police, but four days after the shooting, it is still the New Haven State’s Attorney that is directing the investigation into these very police officers’ conduct. This is a conflict of interest that will further erode the public’s trust in law enforcement and government. 

Third, Hamden should create a civilian review board with subpoena power.

Real police accountability through a strong Civilian Review Board balances the power dynamic between police and residents – in particular residents of color who are disproportionately implicated in policing issues. A strong Civilian Review Board strengthens the trust between the community and police. It will ensure that those few officers who abuse their power are held accountable, and that community members have an avenue to have their complaints heard by an unbiased party. Unfortunately, New Haven only created a strong Civilian Review Board after years of protests by police accountability groups to force the issue. Hamden has an opportunity now to implement this proactively. I urge the members of Hamden’s Legislative Council: pass an ordinance for a Civilian Review Board with subpoena power, and bring the power back to the people.

Fourth, we must create, review and rewrite policing protocols for Yale and Hamden Police actions in New Haven.

Mayor Harp said on Wednesday that there are no existing agreements setting rules for Hamden Police crossing into New Haven. While under federal law neighboring police forces can follow suspects into New Haven, given the value we say we place on community policing, it is concerning that we don’t already have an agreement with Hamden Police outlining policing protocols. What’s even more concerning is why a Yale Police Officer responded to an incident that was well beyond the boundaries of the University. While the Yale Police Department, a private policing force, plays an important role supporting New Haven’s ability to create a safe environment, the City must have clearer guidelines with Yale, dictating its policing activities. My understanding from conversations with New Haven Police leadership is there is no written agreement between New Haven and Yale outlining policing protocols for University police. We must have clearer protocols for police conduct in New Haven by other police forces.

Finally, and most importantly, hold these officers accountable.

The frustration and anger from advocates demanding the officers be fired is palpable and clear. It’s important to follow due process, particularly in today’s world where our President has complete disregard for due process. But within the realm of due process there are choices that each entity involved – New Haven, Hamden, Yale and the State Prosecutor – can make. New Haven should share more information about what New Haven Police were doing when the incident occurred – why were they not the first to respond? How were they involved? While Hamden is legally restricted by the Constitution from immediately firing the officer involved without a due process hearing, it should share with the public a clear timeline for this process and its intentions to expedite it. Yale University, which is not a public employer, has more leeway in its ability to hold the officer accountable, and should make clear an aggressive timeline for action.

Ultimately, the issues we see today are much deeper than Monday’s incident and are based in systemic racism, implicit bias, and perpetual structural inequalities that disproportionality impact black and brown communities. At the national and local level the public’s patience for leadership to address these challenges is wearing thin. Unless we take more meaningful steps to undo these historical inequities, our community will continue to experience these challenges and tragedies.

Justin Elicker is running for the Democratic nomination for mayor against incumbent Toni Harp.