Wed. Feb 21, 2007
Rumors Versus Facts and Locals Versus Feds
It was three months ago that we woke up to the news that three narcotics officers from the Atlanta Police Department had served a no-knock warrant which ended in the death of 88 year old Kathryn Johnston. For days, we were lied to about the facts of the case. Then the feds took over the whole thing, and for months, we’ve heard nothing.
And I wonder when Ms. Johnston and her family will get justice. Or simply answers. All we’ve got is rumors and a potentially derailed investigation.
A few days after the shooting in Atlanta, there was a shooting a Queens. Within 24 hours, here hundreds of miles away, I read in detail about the number of bullets fired, and by which officer. Three months after the shooting of Kathryn Johnston, we have no such information here in Atlanta. I’m not talking about speculation on why and what the officers did, I’m talking about the inarguable physical evidence.
Here in Atlanta, we have to rely on rumors and anonymous sources. And the rumor is that though the three cops who came through the door suffered a total of five gunshot wounds, Ms. Johnston only fired once. Yet I also hear over 90 shots were fired at the scene.
Those are the unconfirmed rumors. And I pass them on to you in lieu of the hard cold facts citizens get in other cities long before three months have passed.
Want more rumors and anonymous sources? Apparently a couple of the officers in question busted a repeat drug offender that afternoon in November. It was going to be his third felony, and yep, he was sure willing to give up something for a break. Anything. Completely made up, in fact. Like, “I saw a kilo of coke being broken up an hour ago in the house at 933 Neal Street.”
Since department policy requires a narcotics cop to either make an undercover buy himself or witness a “confidential informant” make a buy in order to get a warrant for a drug search, these cops falsified such a transaction on the application for the warrant. They claimed they witnessed a CI buy some crack at the house from a man named Sam, who had surveillance cameras all over the place.
Those cameras became the trigger for the “no knock” aspect of the warrant, as they claimed the officers’ approach to the house would be witnessed on the cameras. None of this was true. There were no cameras. There was no dealer named Sam. And there was no CI. Just one Three Time Loser making up stuff the cops bought and acted on as real.
And still, all of that might have flown without you or I ever hearing about it. Except there’d been a rape of an elderly woman in the neighborhood a few weeks before. And not only was Ms. Johnston aware of it, not only was she scared about it, she had a gun and was prepared to use it to defend herself.
So when the cops were yanking the metal burglar door off its hinges to get to her actual door, she got that gun. Or already had it nearby her. And when the door bust down, she fired. Once. And then a bunch of cops opened fire. Some of them shot their own men in or near that doorway with some of the 89 or so shots that Ms. Johnston did not fire. Because if she fired once, and the three officers had a total of five wounds, that’s one hell of a magic bullet.
But these officers weren’t in deep enough yet. No, they likely planted a dime bag of marijuana (2 grams in a baggie stuffed inside a basement door is what the court documented) that allowed them to say publicly “drugs were found in this woman’s house.” Then they contacted a real confidential informant, and told him he had to lie for them to cover their falsified warrant.
He balked. He had more scruples than the cops. He also claimed he feared for his life (there’s an amazing 911 call from this guy … he called the cops because he was being chased by the cops). And when he turned state’s evidence, the whole thing was turned over to the feds, as it had become questionable whether the Atlanta Police and Fulton prosecutors could clean their own very dirty house.
It has since come out that there were apparently some quotas for “busts per week” in place for the narcotics department. Which might explain the corner-cutting nature of these cops’ actions. But it also indicates a systemic and longer term issue, not just three bad apples. It also puts dozens if not hundreds of old drug cases in question, as the warrants used initially will now be questioned.
And those cases were prosecuted by the Fulton County DA’s office. Now, how do we hear there were quotas and that this was systemic? One of the officers, Gregg Junnier, has apparently struck some kind of deal with the feds who are in charge of the investigation. And he’s singing.
So what happens next?
Fulton County District Attorney Paul Howard will seek criminal charges, including felony murder, against three Atlanta narcotics officers involved in a botched drug raid that resulted in the shooting death of an elderly woman, according to a proposed indictment.
The proposed indictment drawn up by the prosecutor’s office names officers Gregg Junnier, Jason R. Smith and Arthur Tesler. Howard accuses them of felony murder, aggravated assault, false imprisonment, burglary, making false statements and violation of oath.
Patrick Crosby, spokesman for the U.S. attorney’s office, said Howard had not informed his office about plans to seek indictments.
FBI spokesman Stephen Emmett said, “We did not know this was taking place prior. The FBI has been charged with leading this investigation. And to date, this investigation has not been completed.”
AJC: Atlanta police officers to face murder indictment
After that big press conference where they admitted they were worried about public confidence and turned the whole thing over to the feds, the local DA jumps back in three months later — shortly after rumors of Junnier’s deal flew — to file charges that would clearly squash any deal the feds might have made.
John Sugg at Creative Loafing, who has been more on top of this story than anyone else locally, in my opinion, has much more:
If you’re wondering why Fulton County District Attorney Paul Howard threw a bomb into the federal investigation of the police shooting of an elderly woman, the answer is: It’s a diversionary tactic.
Of course, that’s not how Howard sees it. A spokeswoman for his office says federal and local authorities disagree on strategy. Howard, says his spokeswoman, doesn’t want police officers involved in the case to get off with light punishment.
But others say it’s a bit of “cover your ass” before a looming scandal swamps Howard and police Chief Richard Pennington.
As the feds dug deeper, the tale got worse. Sources have told me the police officers told the FBI of many other cases where the cops used illegal short cuts, and that the cases number in the “dozens” and “hundreds.” People convicted in those cases will, of course, clamor for new trials — and they’ll almost certainly win because the evidence was tainted by police misconduct.
Howard’s office tried those cases. So when the merde hits the air conditioning, a lot could land right on the head of the district attorney. His gambit this week — saying he will bring murder, burglary and other charges against the officers (despite the fact that murder and burglary don’t fit the actual events) — could be intended to divert attention from the widening investigation of numerous similar cases of police and prosecutorial misconduct.
One lawyer involved with the case, who spoke on condition of anonymity, says the FBI doesn’t buy Howard’s reasoning. “It doesn’t make sense. It’s all about protecting the city and the district attorney from liability. It’s pretty clear there are many other cases that are now being looked at.”
Another person whose work in this area I admire is Radley Balko, who has been tireless in his coverage of these no-knock tragedies across the country. But, in my opinion he’s missing the boat here: “Nearly three months later, Atlanta is showing some encouraging signs. Last week, Fulton County District Attorney Paul Howard announced a series of tough charges against the officers who conducted the raid on Johnston’s home, including felony murder. And in today’s Atlanta Journal-Constitution, city Police Chief Richard Pennington and Christopher Stone, a criminal justice professor at Harvard, have called for the city to set up a civil rights commission with subpoena power to look into police excesses.“
Well, first off all, after a meeting yesterday that review board was described as stalled. Secondly, the problem is not just the three officers, we’re beginning to learn it could be much more. But before we can fully learn how much from the federal investigation, along come some rather excessive charges from the local DA. Murder? That implies an intent I don’t think anyone has claimed existed. I think manslaughter would be a more precise charge for the circumstances. And burglary? Well, they did bust down her door, but again … intent?
What exactly is Howard’s intent? If he was so concerned about the officers getting off too lightly, why has it taken him three months to develop this concern? He could have done this in December. I don’t think his concern is justice, it’s the trickle down on his department from any revelations the feds may get from this “turned” officer.
Radley does seem to realize this, as later in his article he writes: “A proper look into Johnston’s death, then, wouldn’t end with the lying narcotics officers. It would include criticism of the entire culture of the city’s drug policing. It would include criticism not just of the police, but also of prosecutors and judges. It would reevaluate long-standing policies on the proper way to conduct a drug investigation. And it would ask tough questions about the goals, priorities, and very nature of drug policing.“
Well, why scotch that effort now with excessive charges from outside the lead investigation? We’ve survived on rumors for three months. As much as I’d like to know all the details, now, I want them to have scoured this ugly barrel before they tell us what is in it.
I’m certainly no expert on federal investigations. Three months seems like plenty of time to have put evidence before a grand jury. But if it isn’t, that’s no cause for the local DA to suddenly scuttle whatever progress has been made behind the scenes.
Paul Howard wasn’t the only one standing on the stage at that press conference where it was announced the feds were taking over, nor was it solely his decision to do so. The fact he doesn’t like the direction the wind appears to be blowing now doesn’t mean he should be able to arbitrarily derail that now federal process.
It was the right thing to do then. It’s the right thing to so now, even though there are impatient souls like me who want answers. Impatience aside, those answers have to come from the federal investigation. Even if Paul Howard doesn’t like the answers.
Perhaps especially so.
Published 09:53PM, Wed, Feb 21 2007
Category: Atlanta News Events
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Peanut Gallery
I bow to your superior legal skillz. My layman’s logic was that manslaughter applied when you were doing something you shouldn’t have, like driving drunk, and someone dies as a result. Murder is when there was either premeditation or a moment of passion. But I can see the “felony” + “death” = “murder” equation.
But Howard hit them with the whole book: “felony murder, aggravated assault, false imprisonment, burglary, making false statements and violation of oath.“
Correct me if I’m wrong, but when deals are made with suspects, they usually involve “we’ll drop charges B, C, and D if you plead to charge A.” It would seem to me Paul Howard has removed that option for the feds.
I’m really curious to see what happens between now and Feb. 26th. Next Monday is when Howard claims he’s going to bring evidence before the grand jury. How will the feds attempt to stop that from happening? And if they don’t, isn’t the federal investigation suddenly a waste of effort?
Well, it certainly doesn’t answer my last question but here’s an update about Monday:
————————————Quote————————————
A grand jury scheduled for Monday to consider possible murder charges against three Atlanta narcotics officers has been postponed for at least two of the cops, their attorneys say.
Bill McKenney, attorney for Arthur Tesler, said he had filed a leave of absence from the court for next week before Fulton County District Attorney Paul Howard’s announcement this month that he would seek charges against Tesler, Jason R. Smith and Gregg Junnier. McKenney said Howard indicated to him that he wanted to present the cases against the three officers all at once.
Junnier and Tesler were cooperating with federal authorities who were investigating whether police had lied to get other warrants. Both men stopped talking to federal authorities after the specter of state charges loomed, their attorneys said.
Earlier this month, the U.S. Attorney’s office and the FBI said they were surprised Howard was pressing the charges. Some legal experts said the state charges would remove the officers as possible witnesses in the federal probe and possibly hurt it. But it appears any rift between federal and state authorities had been patched up.
Howard’s spokeswoman, Lyn Vaughn said Wednesday that Howard, “the U.S. Attorney and all parties in the Johnston investigation have been meeting and everything is going well.”
————————————End Quote————————————-
Has anyone considered the “people” involved with this shooting? IE the “people” who go to work everyday as police officers to fight a battle that can NEVER be won? The “people” who have families, who have impecable work ethics, who have been considered to be “the very best” and have been awarded for their efforts over the years of service?
To refer to them as “bad apples” is making personal referances to “who” they and all based on the one thing you are making your point of in this article….....all rumers. Do you personally know them, their families, their character? I would venture to say not. I believe someone needs to make an effort to not only look at Ms. Johnston’s family, but ALL of the families involved: There are wifes, son’s daughters, mothers, fathers and the like. Why hasn’t anyone made an effort to know them? It doesn’t seem right that 20 seconds in history (oh and lets not forget they were doing their job) can change the lives of so many other people…..I guess it is easier to label them….how sad.
Yes…something went wrong, obviously….my question is simply this: Why are the subordinates of the system be forced to take the fall for a system that has fault?
“Has anyone considered the ‘people’ involved with this shooting? IE the ‘people’ who go to work everyday as police officers to fight a battle that can NEVER be won?”
Yes, at least, I have. That’s exactly why I’ve said I don’t want these three specific officers made scapegoats for a systemic issue, I want that issue investigated and resolved so that other officers don’t have to face such pressure. If there were quotas imposed from above, that appears to me to be the “root cause” of this issue. But that does not mean those who acted illegally as a result get a free pass.
And as far as considering “the ‘people’ involved with this shooting,“ which of them came out the worst here? The ones who are alive and at home with their families right now? Or the one who is buried and will never be seen by her family again?
“To refer to them as ‘bad apples’ is making personal referances”
Yes, it is. It is making a specific reference to three people to avoid impugning the entire Atlanta Police Department. As in, “a few bad aples don’t spoil the whole bunch.” That is the root of that phrase and reference.
Alternately, I could have said something like “the entire police department is rotten to the core.” Or I can point at the potential of a few bad apples. As I did.
Which is closer to the truth?
“I believe someone needs to make an effort to not only look at Ms. Johnston’s family, but ALL of the families involved: There are wifes, son’s daughters, mothers, fathers and the like. Why hasn’t anyone made an effort to know them?”
Listen, this is simple cause and effect. The fact is, indeed, that a lot of mothers, fathers, sons, and daughters have been impacted, on all sides. What was the cause? Why, nearly four months later, do we not know more than we do?
I’m certain all of those families want the answers made public. But all we’ve been given by The Powers That Be … is rumor.
Which was the point (and title) of this article.
“It doesn’t seem right that 20 seconds in history (oh and lets not forget they were doing their job) can change the lives of so many other people … I guess it is easier to label them … how sad”
Gosh, where to begin. Less than 20 seconds changed the history of millions on August, 1945, at a place called Hiroshima. Less than 20 seconds changed the history of a President and our nation in November, 1963, in Dallas. The acts of a few people can change the history of a lot of people, in no time at all. The fact “It doesn’t seem right” has nothing to do with it.
You say oh and lets not forget they were doing their job ... but they were not. They were doing more than their job (illegally), and at the same time, doing less than their job demanded. Chief Pennington has publicly stated these three did not follow department policy for this warrant and raid. That means they weren’t doing their job. It has also been reported they falsified the primary information used to obtain the warrant. That is not doing their job.
The result of them not doing their job? One dead elderly innocent woman. And, yes, several families distraught at the aftermath.
“my question is simply this: Why are the subordinates of the system be forced to take the fall for a system that has fault?”
I truly think you’ve missed the biggest point of my article. Fulton DA Paul Howard wants to charge these three officers with a litany of charges, and thus pre-empt the federal investigation which will take a larger look at the system. I do not want these three officers to be scapegoats, I want the system fixed. If there were quotas, and I believe there were, I want them exposed and expunged … and taken into account in the trials of these officers.
But I have to meet your apparent outrage with my own, as a citizen of Atlanta. I greatly respect and support law enforcement officers, allover, because I know they do a dangerous job for nowhere near appropriate pay. And I believe the vast majority of them do their difficult jobs properly, in both action and intent. In the Atlanta area, I have never personally had an interaction with a police officer that was anything less than professional.
And that is precisely why when the actions of a few like these appear to be so reckless they endanger lives they are sworn to protect, I want them spotlighted. I want them investigated and exposed. As well as the underlying causes.
But they don’t excuse the act. Not when an innocent woman ends up dead in a SWAT-style raid. That’s the one known fact here that takes precedent over all.
I respect your opinion, you are however, basing it off what you think to be true
I know these “people”..all of them, they are friends and they are the kind of people one should aspire to be one day. They are honest, caring, giving, wonderful parents, son’s and husbands. It is difficult to see their character displayed in such a negitive light.
And no…they are not home enjoying their families and are facing the possibility of life in prison…no one wins here…no one.
All of these men have impecable service records, have been doing their jobs without suspect or complaints for in excess of 15 years….something clearly isn’t right about that night.
There is an old management theroy and it is called the “beach ball theroy” and it fits here. The theroy is simply this: If I was on a beach and holding a beach ball and you walked up, you would clearly and honestly be able to tell me that the ball was blue, green, white, and yellow. If, however, that same ball were blown up in size dramatcally lager…you may walk up to the ball and only see blue, all the while I only see white….neither if us are lying, it’s just a different perspective.
It’s unfortunate that the media is only permitted to see the blue side of the ball…hopefully one day there will be the oppertunity to bring this beach ball back down to size for all to see.
“I respect your opinion, you are however, basing it off what you think to be true”
Such is the human condition. All of us have opinions that are based on what we personally think to be true. Until we are given factual evidence to contradict those feelings. I would welcome any release of actual evidence in this case, in fact, that is a key frustration for me … the fact we’ve been given a scarcity of conflicting offerings.
“I know these ‘people’ [...] It is difficult to see their character displayed in such a negitive light.”
I can certainly understand that. All I have to base an opinion on is the (very conflicting) reports of what happened that one day and night. And there’s been official silence for several months since then. These officers are obviously operating under legal advice to avoid the press and interviews. But, early on, I did see one of them briefly say that he had no comment other than he wished he could tell exactly what did happen, and he looked forward to that eventually coming out.
Well, frankly, we all do. As you say, “something clearly isn’t right about that night.” If these men have some information that hasn’t been revealed, and the “rumor” that one of them was co-operating with the feds seems to indicate that’s the case, I look forward to hearing it. I really do. Someday soon, I hope. And that’s why I lambasted Paul Howard for his actions, which seem designed to thwart that deeper federal investigation. And to cover his own butt with three scapegoats.
“no one wins here … no one”
On that we can certainly agree. And for what it’s worth, these three men should know that while there are Atlanta citizens outraged over the death of an elderly woman, both the public facts and the “rumors” since then sure make this seem much bigger than just three officers. I don’t think anyone is going to stand for scapegoating now. Though I have no facts on which to base it, and can only “base it off what I think to be true,” I believe there is a systemic issue (or three) that ultimately caused everything to go horribly wrong that night.
Where the ultimate culpability comes to rest remains to be seen. It sounds totally cliched, but I want the truth, whatever it is. And I want justice for an innocent woman’s death, applied where it is most deserved. And finally, I want it the “root cause” fixed, whatever it may be.
It’s been just shy of four months. As you’ve noted, there are several families (as well as the public) held in limbo. It’s time for some answers.
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First, – Reid, this is really good stuff. Keep it up.
Now, A couple of legal notes re: felony murder and burglary. Technically, they do fit the facts. But they aren’t quite what they sound like.
Felony murder is, generally, when you kill somebody in the course of a felony – Intent to kill and premeditation aren’t necessary. The classic case is shooting the clerk at the liquor store during a robbery gone bad – but running over a pedestrian during the getaway also counts. I’d say that what happened to Ms. Johnston qualifies.
Burglary is, generally, breaking into someone’s home with the intent to commit a felony inside. Doesn’t have to be stealing, most any felony will do. Again, the officers seem to have done that.
Now, If you’ll excuse me, I’m going to curl up under my bed until I stop having bar-exam flashbacks. (And I apologize for flashbacks that I may have just triggered for other J.D.‘s in the readership.)
.
BTW- I’m not defending Paul Howard. I suspect you’re right about his motives.