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Betrayal The Eugene Police Department is under scrutiny for hiring police officers who are now accused of sexually abusing women. Roger Eugene Magaña is currently being held at Lane County Jail on $4.2 million bail, and has pled not guilty to a 51-count indictment on alleged sexual abuse and rape charges. Juan Francisco Lara has been convicted on 10 charges and is accused of forcing seven women to perform sex acts, using the police database to uncover victim information and promising to make criminal charges against another woman "go away" in return for sexual favors. Not only is a criminal investigation of the ex-police officers under way, but community workers, researchers and politicians are looking closely at the internal dynamics of the EPD that allowed such activity to occur. No one at the EPD will discuss either case because of gag orders issued by Lane County Circuit Court Judge Jack Billings for the Lara case, and by Lane County Circuit Court Judge Karsten Rasmussen in the Magaña case. Meanwhile, new Police Chief Robert Lehner is "not available" for even brief comment until Feb. 9. That leaves questions unanswered and the public curious about just what the EPD plans to do to win back the public trust. EPD Public Information Director Pamela Olshanski says many in the police department "would love to speak on this, because they've all been painted with the same broad brush." Yet no one at the EPD has requested the gag order be lifted. Others, she says, "want to be thoughtful about what they say because they don't want it interfering with prosecution of the cases." Meanwhile, community leaders hope the EPD will look hard at what led to the alleged abuses. Sexual Assault Support Services (SASS) Director Jean Blanchard says she believes the EPD "has fostered a climate that allows this to happen." Because SASS does advocacy for survivors who sometimes choose to report to police, she says, "We have been aware of some of the stereotypes of women survivors that are held by police officers. One I have personally observed is a basic distrust of victims' stories." Questions often asked of survivors "really suggest that they may be lying and in my personal experience with other types of crimes that's rarely an assumption an officer has," says Blanchard.
For instance, she says, rarely does a police officer say "Prove to me you've been burglarized or on what basis do I believe your story." But in her work with survivors, she says that's often the case when they are questioned by certain EPD officers. Now, with allegations of criminal activity against two officers in the public eye, there is a "basic betrayal of trust on the part of the public and on women in particular," Blanchard says. "We're all taught to respect police officers, that they are going to protect us. When they abuse that power and trust it's a tremendous sense of betrayal." City councilor and mayoral candidate Nancy Nathanson says, "At any point in time someone may need to rely on the police for help right away, and you have to know that who shows up to help you is coming not only with a professional demeanor, but also with a good heart." Deborah Olson, UO assistant professor of special education and a member of the UO Center for Women in Society interest group on violence against women, says such actions by police officers "break any sense of trust women might have." With many Eugene women now fearing the police, some are wondering how a woman should deal with a police officer who approaches her. "I think women need to be very cautious. Because that's the approach we need to take when our trust has been betrayed," says Blanchard, adding, "I would be very reluctant to stop my car at night when a police officer has their lights on at this point in time. My sense of trust in the police system is at a very low level, so I'd drive to a public place like a 7-11 or something and then stop where there are others around." An even more intimidating situation occurs when a police officer knocks at the door. "Only let them in if they have a warrant," says Blanchard. "Just because someone is a police officer doesn't give them entitlement to do things like come into your house," without one, she says. Ultimately, however, Blanchard says putting the onus on women to know how to protect themselves is the wrong way to look at the situation, because "it shifts the burden onto the woman or onto the one being assaulted to being responsible for actions that someone else is going to take." She says to look at the matter in a different way, to ask what the police department and law enforcement can do to reduce the likelihood of such attacks occurring. Naturally, things are feeling pretty raw over at the police station. Olshanski says the new chief is "committed to looking internally at what can be made better." While Olshanski says no one can speak for the chief, "He recognizes that any action at this level has a significant breach of community trust and the goals are to look at what in the system allowed this to happen and how to improve it." An overhaul of the system shouldn't include "making changes for the sake of making changes," says Olshanski, but there should "certainly be forums, as well as a Police Commission and public hearing." Nathanson says she will advocate for the Police Commission to have the opportunity to review the hiring process and systems that are in place "to ensure when we're recruiting and choosing officers we're selecting based on skills and abilities but also on backgrounds and other factors to make sure they're going to fit into the high standards for Eugene and the entire community." Another component Nathanson says she would like to see addressed is "What kinds of values are being imparted during the training process?" To uncover that answer, Nathanson says, "The Police Commission will be involved." Mayoral candidate Kitty Piercy says "Certainly, the Eugene police force and the entire community found the exploitive illegal behavior of these two officers appalling. I assume that an internal examination will produce recommendations to strengthen the department's oversight, training and sensitivity. And, I hope the department will look for public ways to convey their commitment to the safety of all women in our community, especially the most vulnerable — and will also make clear a safe way that such exploitation can be reported without fear of reprisal." One such way to look at issues involving police and the community is to have academics and community leaders meet to share research findings and how they might be applied to working with individuals. Such a forum, says Olson, occurred last fall, and one forum is planned for the future, though no date has yet been set. Ultimately, according to Olson, the solution is "putting the burden on the Police Department to make amends to the community for this breach of trust. That's an important aspect."
Will
New Chief Clean House?
In the wake of accusations that two Eugene police officers coerced women into sex while on duty, citizens are looking to Eugene's new Police Chief Robert Lehner to tighten discipline and make sure nothing like this ever happens again. But that's something Lehner and other police managers weren't able to do in Tucson, Ariz., where Lehner served for 26 years, rising through management ranks to the position of assistant chief. "TPD [Tucson Police Department] has a historical reputation as a police force short on discipline and strong leadership and far too aggressive in dealing with the public," Tucson attorney Louie Carrasco complained in a letter to the Arizona Daily Star. Before entering management, Lehner served as head of the Tucson police union. The powerful Eugene police union has historically opposed tightened discipline for its officers. Last year, the Eugene union opposed the hiring of George Aylward of Minneapolis. Aylward had angered the police union in Middletown, Conn., for firing an officer accused of racism in arresting four black college students in 1995. Aylward also angered the Middletown union for suspending an officer who wrote a memo threatening college students. Aylward, the top finalist for the Eugene job, withdrew in the face of opposition from the Eugene union. The Tucson union praised Lehner's discipline of officers and the Eugene union supported Lehner for the chief position before he was hired last month. It's unclear what direct role Lehner had in handling or preventing police misconduct cases in Tucson. No allegations of misconduct against Lehner were found. Lehner and City Manager Dennis Taylor did not return calls for this story. They did call city public relations staffers who said Lehner and Taylor said it would not be "appropriate" to comment.
'Disgusted and Embarrassed' In a press release when he hired Lehner, Taylor said Lehner had undergone a "thorough" background check. "He has the demonstrated ability to inspire employees and to earn community respect and trust," Taylor said. But in 1996, when Lehner served as a police captain, Tucson was not the scene of inspired policing the community respected and trusted. "I'm shocked and appalled," Tucson Mayor George Miller, told the Daily Star after a masked police officer committing a suspected robbery was shot and killed. "It's an awful feeling to think that the people you have to trust may not be worthy of that trust. It's pretty hard to have a police department be effective when no one believes in them." "Morale (within the department) is at a very low point, including my own," Chief Douglas Smith told the Star. "I'm disgusted and embarrassed." The shooting wasn't the only problem the department had. Tucson's problems with officer misconduct came to a head in the 1990s under Lehner when he served as chief of staff and a police captain and lieutenant. In 1996-97 the local Tucson Citizen and Daily Star reported that 18 TPD officers were being investigated for misconduct, including 11 arrested or convicted of criminal charges in the past year. Here's a look at some of the TPD cases, according to reports in the Star and Citizen. An officer was sentenced to three years of probation, fines and restitution for molesting a 15-year-old girl he met while on patrol duty. A 19-year veteran officer of the TPD was sentenced to five years for attempted child molestation. An eight-year veteran officer was sentenced to 20 months for groping the breasts of three women while on duty. One victim said in court, "I cannot escape the feeling of intense fear and shame." Another women sued TPD for negligent hiring and failing to investigate the officer's misconduct. Another officer was fired after he was indicted in two charges of sexual abuse of a woman while on duty. A suicidal officer fired at other officers who then shot him in the stomach. A police sergeant and 22-year veteran resigned after he was charged with aggravated assault for kicking a handcuffed woman prisoner. Another police sergeant and 17-year veteran was suspended after his second arrest for violating a stalking order a court ordered to protect his estranged wife. Another officer was indicted for assaulting a prisoner. An officer was cited for assault for hitting a neighbor during an argument. Under pressure from the community, TPD released a list of seven ongoing internal police investigations in progress including incidents involving an alleged racist false arrest and illegal search, an officer banned in several courtrooms because of allegations he lacks credibility and an excessive force complaint involving a broken knee.
Lehner Opposed Reform As the number of Tucson police misconduct cases mounted in 1996, public concern increased. But Lehner downplayed the problem, the Star reported. "Lehner said the cases are unrelated and completely coincidental. They have left the department 'dazed,' but he said 99 percent of the department's 837 officers are law abiding citizens." But Mayor Miller didn't buy the small percentage argument by Lehner and other police officials, the Star reported. "Miller said that claim is invalid because 'police have a special position in the community.'" Police Chief of Staff Lehner joined the police union and police chief in opposing the creation of a citizen review committee of police misconduct. Human rights advocates criticized an existing Citizen Police Advisory Committee (CPAC) with many officer members as "cheerleaders" for police. But Lehner said the CPAC "runs pretty good" and said police can police themselves, the Citizen reported. "How would a civilian review board change that picture?" Lehner asked. But after the large number of police misconduct cases emerged, Miller and city councilors didn't buy that argument, either. They voted unanimously to create a citizens police review committee, the Star reported. "Obviously something has gone wrong," Miller said. The Tucson police chief blamed lax hiring before his tenure for many of the department's problems. But a University of Arizona criminology professor told the Star that the problem was more of supervision. "Once we hire them, we don't care anymore." Problems within the TPD appeared to have brewed for years before they emerged in 1996. Local attorney Carrasco wrote to the Star that he received 200 calls complaining of police abuse after he ran a radio advertisement in 1993. The calls showed "the tip of a very large and ugly iceberg," he said. In 1993, when Lehner served as a lieutenant, the Citizen reported that the city had paid out more than $1 million in 103 alleged police brutality and false arrest lawsuits and incurred another $1 million in legal fees over the past six years. In one $400,000 settlement, the police were accused of arresting the wrong man for rape and holding him for a day without letting him remain silent or see his lawyer. "There is some severe abuse going on," Carrasco told the Citizen. "Police are running wild."
Recent Police Abuse TPD's misconduct problems continue up until today. In 2001, the Tucson Weekly reported on the TPD's alleged failure to investigate a hit and run accident allegedly by the children of a TPD sergeant. "A lack of real and effective checks and balances on TPD's personnel, procedures and powers has created a bullying municipal bureaucracy that is borderline ungovernable," the Weekly reported. The Weekly quoted Lehner as calling the injured victim of the accident "someone who goes to extreme extent to force additional action." A citizen review board questioned how "the victim in the [accident] case, becomes the bad guy" or is "thought to be a nuisance" by police officials, the Weekly reported. In a story last month, the Tucson Weekly reported the police cracked down on student drinking, citing 1,244 kids and taking 130 students to jail last year. The raids and mass arrests have sparked student complaints. "I was scared," one student told the paper. "I know we were in the wrong, but they didn't have to treat us like animals." Here's some other recent police misconduct cases as reported in the Tucson Citizen. Last month the FBI arrested a retired Tucson detective accused of stealing at least $527,000 in drug money while he worked in drug seizures for TPD. The corruption "undermines the public's trust in its government and the law enforcement community," an FBI agent told the paper. This month, a police officer resigned after he was accused of stealing items during police calls, sexually harassing a 15-year-old girl and showing an interest in transporting drugs. Last month, a Tucson police officer was jailed on charges of soliciting a minor for sex over a TPD computer. Last August, a TPD SWAT officer was accused of excessive force in the mistaken arrest of an undercover narcotics officer. The undercover officer suffered a broken nose, significant eye injury and a possible broken collar bone. An officer was indicted but acquitted last year of lying to get his wife committed to thwart a protection order in his pending divorce. A police detective was indicted for perjury in two murder trials but acquitted last year. Last year, a police lieutenant was suspended after he was accused of buying a handgun for law enforcement purposes that was later found in a home with six large bales of marijuana. Last month police arrested an off-duty police sergeant for driving a city car while intoxicated. In 2002, a TPD detective shot and killed a man he found with his wife and then committed suicide. The victim's widow is suing the department, alleging managers knew the detective was dangerous but failed to take his police weapon. Last November, an officer responding to a call ran a red light striking a family's car and killing an 8-year-old boy. The family is considering a lawsuit. Last September, a police sergeant was shot by a Taser stun gun when she allegedly struggled with officers at a concert.
Only time will tell whether Lehner has the will or ability to tighten discipline at the EPD to prevent more misconduct cases in the future. Other outsiders have failed in the past after opposition from Eugene's powerful police union. The Eugene police union played a major role in ousting City Manager Vicki Elmer after she angered police by asking for a state police investigation into alleged use of excessive force and pepper spray against tree sitters. The police union also heavily criticized former chief Leonard Cooke before his ouster. Cooke had tried to tighten discipline after he arrived in 1992, he testified in a union dispute. Cooke said he was amazed at the "loose" discipline in the EPD. "I was sorta stunned."
Community
Policing When community concern rises over the conduct of local law enforcement, as it has in Eugene the last few years, it's time to scrutinize more closely the resources available for citizens to express that concern and to search for accountability and resolution.
One option is through the Eugene Police Commission, a 12-member citizen body created by City Ordinance 20136 in December 1998, spurred on by (albeit a year and a half after) EPD's assault on demonstrators in the June 1997 downtown tree-sitting protest. According to its literature, the commission's mission is "to recommend to the City Council, the city manager, the Police Department, and the people, the resources, preferred policing alternatives, policies and citizens' responsibilities needed to achieve a safe community." However, in keeping with the city ordinance, the commission doesn't undertake the review of allegations and inquiries related to the actions of individual police officers. Thus, the commission provides no real, direct recourse in instances such as alleged sexual coercion cases against former officers Juan Lara and Roger Magaña. Commission member Floyd Prozanski says, "Those allegations have not entered into any substantive discussions concerning current policies. The commission did receive a general report concerning the two situations, but it was only informational. I acknowledged the department's thorough investigation and its decisive handling of both cases." Prozanski also says the cases have not affected the commission's recommended policies. "The commission is spending time looking at the department's policies regarding conduct to make sure that community standards are covered in the policies." Commission member Bonny Bettman adds, "The EPD has a Code of Conduct Policy [that] is being reviewed this year. There are performance standards that are a subset of [this policy] — the PC is reviewing them, too … These policies cover standards of conduct and behavior. One of [these] cases … was a conviction for an abuse of power for the purpose of sexual harassment, exploitation and victimization. These crimes are even more devastating because the victims are people the officer was sworn and entrusted to protect. That is severe criminal behavior and goes beyond anything the policies address." This speaks to the limitations on the Police Commission to effect direct change within the system. Other limitations result from commission members being nominated by the mayor and appointed by the City Council — chances of anyone too far outside the fray gaining a nod from Mayor Torrey are slim. The obvious glitch is the commission advising EPD and other related city officials consists of members nominated and approved by those city officials. These limitations have real repercussions in the community. Majeska Seese-Green, president of the Whiteaker Community Council (WCC) and acting chair of the WCC's Police Issues Committee, has become increasingly involved with policing issues in Eugene — Whiteaker has been caught in some of the higher profile policing situations, such as the October 2002 early morning SWAT raid on a residential dwelling. Regarding the commission's work following the SWAT raid, she says, "I've learned the Police Commission has a very constricted purpose. I'm disappointed when it narrows the scope of its work even further, as it did on the SWAT issue. (Granted, their committee has done major hard work on that one — but with a very narrow focus.)" Outside the mainstream, there are more independent ways to take action: CopWatch is a community organization that encourages people to watch the cops rather than fear one another. CopWatch utilizes video and Internet technology to document and distribute incidents of police misconduct. Tim Lewis of Eugene CopWatch gets straight to the point on forums for public concern: "It's all bullshit — the Police Commission, the Human Rights Commission — it's all put up for the public to be stuck in process. … The ideal situation is for people to get to know their neighbors and to rely on each other instead of dialing 911 any time they see a freak on the street." Lewis emphasizes that the CopWatch website (www.eugenecopwatch.org)has all the tools — fliers, contact information, news stories — people need to begin monitoring and documenting police conduct themselves. "It's finding your own courage, about standing on the street and watching when a cop pulls someone over and making sure that everything goes OK." Is there a chance Eugene can create an independent police review committee to evaluate police conduct and to operate separately from the city infrastructure? Bettman says, "There are only a few ways this can happen, and they are all highly politicized. At any time citizens can initiate a ballot measure. … the City Council could either put it on the ballot or move to study various models adopted by other communities and consider implementing them here. Currently, the political composition of the City Council almost certainly precludes the second two options. That leaves a citizen ballot initiative. If the community feels strongly that an external review board or process is needed, they have the power to create it, through the initiative process." WCC's Seese-Green adds, "There's no chance — with the current City Council and mayor — that the city will create an independent review commission, unless the new chief takes the lead in requesting one. That's unlikely unless the public demands one. Long term, another route is a ballot measure." It should be noted that a few sources for this story were reluctant to give specific input on how to express concerns over police conduct. But as Prozanski says, "Citizens must be willing to bring policy issues … to the attention of the Police Commission. … if they believe that a specific officer has violated department policy, broken a law or acted unprofessionally, they need to bring these matters to the attention of the department. … Citizen involvement is necessary to ensure that the system works." Incidentally, the "Commendations & Complaints" page on the EPD website (www.ci.eugene.or.us/police/Int_Affairs/aic.htm) is another way to document police conduct, though some who have used this system have received only tepid EPD responses at best.
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