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Excessive Force Investigated in El Paso

by TChris

There’s often a cozy relationship between prosecutors and the police -- so cozy that some prosecutors may be disinclined to investigate allegations that the police use excessive force when making arrests. That may be the case in El Paso, Texas, where more than 1,800 complaints of excessive force over the last five years led to the dismissal of only five officers, and the resignation of two more.

Lawyers for the American Civil Liberties Union say the investigations are overdue. "If you are a police officer in this town, you can violate criminal rights left and right and not get prosecuted," said Ed Hernandez, who with his wife, Maria, represents several plaintiffs.

Two “rarely used State Courts of Inquiry” are asking whether the district attorney and the police department “conspired to shield officers accused of brutalizing people in at least six cases.” One accusation (apparently substantiated by medical records) involves a teenager who says she was sexually assaulted by two El Paso officers. They remained free while she went to jail. Others who complained of brutality say that the police stalked them in retaliation for their complaints.

The investigation may extend to concerns raised by a former assistant police chief about the possible infiltration of the police department by Mexican drug cartels.

A collateral point demonstrates that the justice system isn’t working well in El Paso:

[The district attorney] defended an unusual arrangement, which critics call unconstitutional, that has his office rather than a magistrate setting bail for many defendants.

No need for separation of powers in El Paso. The DA is already acting as a judge by setting bail. Why not just let the DA act as jury and impose a sentence after finding guilt?

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