Rise of the Warrior Cop (45 page)

B
Y THE MID
-1990s,
THE
B
YRNE GRANT PROGRAM
C
ONGRESS
had started in 1988 had pushed police departments across the country to prioritize drug crimes over other investigations. When applying for grants, departments are rewarded with funding for statistics such as the number of overall arrests, the number of warrants served, or the number of drug seizures. Those priorities, then, are passed down to police officers themselves and are reflected in how they’re evaluated, reviewed, and promoted. Perversely, actual success in reducing crime is generally not rewarded with federal money, on the presumption that the money ought to go where it’s most needed—high-crime areas. So the grants reward police departments for making lots of easy arrests (i.e., low-level drug offenders) and lots of seizures (regardless of size), and for serving lots of warrants. When it comes to tapping into federal funds, whether any of that actually reduces crime or makes the community safer is irrelevant—and in fact, successfully fighting crime could hurt a department’s ability to rake in federal money.

But the most harmful product of the Byrne grant program may be its creation of hundreds of regional and multijurisdictional narcotics task forces. That term—“narcotics task force”—pops up frequently in the case studies and horror stories throughout this book. There’s a reason for that. While the Reagan and Bush administrations had set up a number of drug task forces in border zones, the Byrne grant program established similar task forces all across the country. They seemed particularly likely to pop up in rural areas that didn’t yet have a paramilitary police team (what few were left).

The task forces are staffed with local cops drawn from the police agencies in the jurisdictions where the task force operates. Some squads loosely report to a state law enforcement agency, but oversight tends to be minimal to nonexistent. Because their funding comes from the federal government—and whatever asset forfeiture proceeds they reap from their investigations—local officials can’t even control them by cutting their budget. This organizational structure makes some task forces virtually unaccountable, and certainly not accountable to any public official in the region they cover.

As a result, we have roving squads of drug cops, loaded with SWAT gear, who get more money if they conduct more raids, make more arrests, and seize more property, and they are virtually immune to accountability if they get out of line. In 2009 the Justice Department attempted a cost-benefit analysis of these task forces but couldn’t even get to the point of crunching the numbers. The task forces weren’t producing any numbers to crunch. “Not only were data insufficient to estimate what task forces accomplished,” the report read, “data were inadequate to even tell what the task forces did for routine work.”
²

Not surprisingly, the proliferation of heavily armed task forces that have little accountability and are rewarded for making lots of busts has resulted in some abuse.

The most notorious scandal involving these task forces came in the form of a massive drug sting in the town of Tulia, Texas. On July 23, 1999, the task force donned black ski-mask caps and full SWAT gear to conduct a series of coordinated predawn raids across
Tulia. By 4:00 AM, forty black people—10 percent of Tulia’s black population—and six whites were in handcuffs. The
Tulia Sentinel
declared, “We do not like these scumbags doing business in our town. [They are] a cancer in our community, it’s time to give them a major dose of chemotherapy behind bars.” The paper followed up with the headline “Tulia’s Streets Cleared of Garbage.”

The raids were based on the investigative work of Tom Coleman, a sort of freelance cop who, it would later be revealed, had simply invented drug transactions that had never occurred.

The first trials resulted in convictions—based entirely on the credibility of Tom Coleman. The defendants received long sentences. For those who were arrested but still awaiting trial, plea bargains that let them avoid prison time began to look attractive, even if they were innocent. Coleman was even named Texas lawman or the year.

But there were some curious details about the raids. For such a large drug bust, the task force hadn’t recovered any actual drugs. Or any weapons, for that matter. And it wasn’t for a lack of looking. The task force cops had all but destroyed the interiors of the homes they raided. Then some cases started falling apart. One woman Coleman claimed sold him drugs could prove she was in Oklahoma City at the time. Coleman had described another woman as six months pregnant—she wasn’t. Another suspect could prove he was at work during the alleged drug sale. By 2004, nearly all of the forty-six suspects were either cleared or pardoned by Texas governor Rick Perry. The jurisdictions the task force served eventually settled a lawsuit with the defendants for $6 million. In 2005, Coleman was convicted of perjury. He received ten years’ probation and was fined $7,500.
³

The following year, it all happened again. In November 2000, SWAT teams from the Byrne-funded South Central Texas Narcotics Task Force rolled into Hearne, a town of about five thousand people in Robertson County, to wage another series of coordinated raids. The raids netted twenty-eight arrests—twenty-seven of the suspects were black. One of them was Regina Kelly, a single mother. Kelly wasn’t home when her house was raided, she was waiting tables at a local
diner. The police marched her off the job in handcuffs and tossed her in a jail cell. She first thought she had been arrested for unpaid parking tickets. Kelly’s court-appointed attorney encouraged her to take a plea bargain. Plead guilty, and she’d get eighteen years’ probation. She’d get no prison time and wouldn’t lose her kids. She refused. “I wasn’t going to plead guilty to something I didn’t do,” she told me in a 2007 interview. The attorney went back to DA John Paschall, who then offered five years’ probation. Kelly again refused, and told her attorney to ask for the evidence they had used to indict her. Her attorney brought back a tape recording the DA’s office claimed was evidence of her drug sales. The tape recording was a conversation between two men. There were no female voices, and Kelly’s name was never mentioned. Kelly’s bail was then reduced from $70,000 to $10,000. Her parents were able to post bond, and she never had to go to court again. She was eventually cleared of any criminal wrongdoing.

In part because of Kelly’s courageous refusal to accept a plea bargain for a crime she didn’t commit, we now know that all twenty-eight indictments were based on the word of a single confidential informant. Paschall’s office was forced to admit that the informant had both tampered with evidence and failed a polygraph test. At the civil trial for the lawsuit brought by Kelly and other defendants, the informant testified that Paschall had given him a list of twenty black men. He promised leniency for the informant’s own burglary charge if he helped Paschall convict the men on the list. The informant also testified he was promised $100 for every suspect he helped convict beyond that list of twenty. The lawsuit was settled in 2005. Of the twenty-eight people charged, seventeen were later exonerated. The 2008 movie
American Violet
was based on Kelly’s experience after she was arrested.

But similar mass round-up raids had been going on in Hearne for fifteen years. “They come on helicopters, military-style, SWAT style,” Kelly told me. “In the apartments I was living in, in the projects, there were a lot of children outside playing. They don’t care. They throw kids on the ground, put guns to their heads. They’re kicking in doors. They just don’t care.”
⁴

In the following years, there were numerous other corruption scandals, botched raids, sloppy police work, and other allegations of misconduct against the federally funded task forces in Texas. Things got so that by the middle of the 2000s Gov. Rick Perry began diverting state matching funds away from the task forces to other programs. The cut in funding forced many task forces to shut down. The stream of lawsuits shut down or limited the operations of others. In 2001 the state had fifty-one federally funded task forces. By the spring of 2006, it was down to twenty-two.
⁵

Funding for the Byrne grant program had held steady at about $500 million through most of the Clinton administration. Just as it had done with the cops program, the Bush administration began to pare the program down—to about $170 million by 2008. This was more out of an interest in limiting federal influence on law enforcement than concern for police abuse or drug war excesses.

But the reaction from law enforcement was interesting. In March 2008, Byrne-funded task forces across the country staged a series of coordinated drug raids dubbed Operation Byrne Blitz. The intent was to make a series of large drug seizures to demonstrate how important the Byrne grants were to fighting the drug war. In Kentucky alone, for example, task forces uncovered 23 methamphetamine labs, seized more than 2,400 pounds of marijuana, and arrested 565 people for illegal drug use.
⁶
Of course, if police in a single state could simply go out and find 23 meth labs and 2,400 pounds of marijuana in twenty-four hours just to make a political point about drug war funding, that was probably a good indication that twenty years of Byrne grants and four decades of drug warring hadn’t really accomplished much.

During the 2008 presidential campaign, Barack Obama criticized Bush and the Republicans for cutting Byrne, a federal police program beloved by his running mate Joe Biden. Despite Tulia, Hearne, a growing pile of bodies from botched drug raids, and the objections of groups as diverse as the ACLU, the Heritage Foundation, La Raza, and the Cato Institute, Obama promised to restore full funding to the program, which, he said, “has been critical to creating the anti-gang
and anti-drug task forces our communities need.” He kept his promise. The 2009 American Recovery and Reinvestment Act resuscitated the Byrne grants with a whopping $2 billion infusion, by far the largest budget in the program’s twenty-year history.
⁷

E
ARLY IN THE MORNING OF
S
EPTEMBER
13, 2000,
AGENTS
from the DEA, the FBI, and a Stanislaus County, California, narcotics task force conducted raids on fourteen homes in and around Modesto—the culmination of a nineteen-month investigation. One of the homes was that of Moises Sepulveda and his family. According to the
Los Angeles Times,
the DEA and FBI asked that the local SWAT teams enter each home unannounced in order to secure the area ahead of the federal agents, who would then come to serve the warrants and search for evidence. Federal agents warned the SWAT teams that the targets of the warrants should be considered armed and dangerous. When local police asked if there were any children in the Sepulveda home, the feds answered, “Not aware of any.”

There were. Moises Sepulveda had three children—a daughter and two sons. After the police forcibly entered the Sepulveda home, Moises, his wife, and his children were ordered to lie face-down on the floor with their arms outstretched. They were then told to remain still as officers pointed guns at their heads. Eleven-year-old Alberto was doing just that—lying still under the gun of Officer David Hawn. But shortly after the raid began, Hawn’s gun went off. The boy died instantly.

There were no drugs or guns in the Sepulveda home. A subsequent internal investigation by the Modesto Police Department found that the DEA’s evidence against Moises Sepulveda—who had no previous criminal record—was “minimal.” The city of Modesto and the federal government settled a lawsuit brought by the Sepulvedas for the death of their son for $3 million.

In response to the incident, California attorney general Bill Lockyer assembled a blue ribbon commission to review the procedures, guidelines, and performance of the state’s hundreds of SWAT teams.
The
Modesto Bee
reported in 2001 that the commission would look at the way SWAT teams were deployed, the use of intimidating clothing and equipment, and, in the words of one commissioner, the “overbearing-type attitudes” of SWAT teams.