Baltimore Should Have Never Hired Batts in the First Place

If you come forward you are “the snitch,” and you face being ostracized by your peers. If you don’t come forward, you may be drawn into the scandal and be seen as an accomplice.

Randy Sutton Author Sz2 Headshot

I have fought my entire life for the cause of justice both as a 33-year police veteran and as a writer and journalist. I believe deeply that integrity and honor are the cornerstones of leadership and without a personal commitment to those ideals, true leadership is impossible and those who inhabit the top rank of a law enforcement agency but do not possess integrity and honor are simply imposters in a pretty, gold-braided uniform. Case in point, Anthony Batts, who was fired yesterday from his post as police commissioner for the city of Baltimore, after the local Fraternal Order of Police released a scathing report on his performance during the Freddie Gray riots.

Let me walk you through the evidence that backs up my accusations against Batts.

Lobstergate

In February 2008 a unanimous jury decision awarded $4.1 million to a Long Beach, Calif., police sergeant and two officers who claimed they were systematically retaliated against by Long Beach Police Department brass and some fellow officers after reporting that some of their colleagues were illegally diving for lobster (in 2003) while on duty in the Port of Long Beach. During the trial it was claimed by the plaintiffs that Anthony Batts, who was then the Long Beach Police Chief, referred to the plaintiffs—Officer Craig Patterson, Officer Warren Harris, and Sgt. David Gage—as “malcontents.”

Covering the trial, Long Beach Press-Telegram reporter Wendy Thomas Russell wrote: “Patterson and Harris have long contended that they were marked as ‘snitches,’ denied job opportunities and had personal items stolen and vandalized in the aftermath of the mini-scandal later dubbed ‘Lobstergate.’ Gage, who supervised the pair, said he was forced into early retirement.” 

Lawsuits against police departments are not uncommon. But multimillion dollar awards for wrongdoing by top echelon leaders of police agencies because they retaliated against honest officers who reported misconduct are exceedingly rare. Such was the case in Long Beach under the command of Batts.

And interestingly enough, the officers who made the claim and sued the chief and the city say their primary desire was not monetary compensation. The Long Beach Comber reported Officer Warren Harris told supporters he and the other plaintiffs simply wanted an apology from Chief Batts and to be left alone. Batts and the police department apparently refused these clearly rational demands and the taxpayers forked over more than $4 million because of his ego and what I believe to be abuse of power.

Administrative Corruption

The definition of corruption is “the misuse of public power for private benefit.” Think of officers taking money for not performing their duties, à la Serpico. Corruption scandals have rocked police agencies for years in New York, Los Angeles, and other major cities but in reality organized, systemic corruption has basically been eradicated from law enforcement.

Thankfully, gone are the days when money and/or political favors for non-enforcement as well as organizationally accepted brutality plagued law enforcement agencies. But one aspect of corruption has long been unrecognized or confronted, administrative corruption, defined as “privileges granted through the power of authority misused for private benefit.” This is a term that chiefs and sheriffs shudder to hear and almost refuse to accept.

The heads of law enforcement agencies across the country are in positions of immense power. Many have no checks and balances such as police unions or bargaining units that can bring personnel situations forward for mediation. And even when those unions or bargaining units exist, officers know that when you “fight city hall” you are bound to lose in the long run. So when a law enforcement officer actually takes on “the system” it truly is an act of not just courage but usually desperation. Case in point: “Lobstergate,” where honest, hard-working cops discovered misconduct within their own ranks.

The Lobstergate scenario is the nightmare situation that haunts all police officers because it is truly a “no-win” situation. If you come forward you are “the snitch,” and you face being ostracized by your peers. If you don’t come forward, you may be drawn into the scandal and be seen as an accomplice.

The whistleblowing officers in Long Beach did the right thing and brought the misconduct of their peers to the chief’s attention. Instead of supporting the honest officers, the Long Beach Police Department that Batts commanded attempted to destroy their careers and discredit them professionally. The officers though were courageous enough to fight their department and Batts’ power as chief. They defeated him in court and were awarded $  4.1 million of taxpayer money.

Sadly the taxpayers of Long Beach might not have had to pay that award had Batts simply apologized to the wronged officers and made them whole by establishing a whistle blower policy. Ego and power are great corrupters, and Batts demonstrated his true lack of decency and integrity throughout the investigation of the lobster incident, the persecution of the whistle blower, and even in court.

Troubling Relationships

Batts left Long Beach in 2009, using favorable crime statistics during his tenure in the city to propel him into the position of chief of the Oakland Police Department. In 2011 Batts resigned that post in the second year of a three-year contract. He said the reason for his resignation was "an overwhelming load of bureaucracy." Sources, however, told the San Jose Mercury News that his tenuous relationship with Mayor Jean Quan and heat from a federal judge and police monitors who have threatened a federal takeover of the department over its incomplete efforts for reform led to his decision.

Of course any background investigation would have also revealed Batts history and the fact that because of his failures in leadership the taxpayers of Long Beach paid out more than $4 million. But in 2012 Batts' history did not stop Baltimore Mayor Stephanie Rawlings-Blake from hiring him as police commissioner.

Before the Riots

Apparently the lessons of Long Beach were not learned by former Baltimore Commissioner Batts. Case in point: Det. Joe Crystal.

Crystal witnessed the beating of a prisoner by his co-workers. Knowing the possibilities of retaliation from some members of his own department, Crystal did what his conscience and integrity told him to do, he reported the misconduct. What he did not expect was that when he went to Commissioner Batts personally to report the acts of harassment he was experiencing and was assured by Batts that he would investigate, that the investigation would target HIM.

According to Crystal and the subsequent lawsuit filed by his attorney, instead of investigating those who were threatening him and who left a dead rat on his car, the BPD's internal affairs unit investigated Crystal for such potential policy violations as giving his wife a ride in his unmarked take-home car. Crystal, upon realizing that he was being targeted after his plea to Batts for protection, fled the department, taking a job as a deputy sheriff in Florida. The Baltimore Police even went as far in their retaliation to “red flag” Crystal's police certification with the “Department of Public Safety and Correctional Services. Upon request of Crystal’s attorney though, the “red flag” was removed when he attempted to discover who it was in the Baltimore Police Department who requested it. He is now suing the department and Batts.

Déjà vu back to Long Beach and one has to wonder how much the taxpayers of Baltimore will have to pay as a result of Batts’ conduct toward Crystal.

After the Riots

The leadership failures of the Baltimore Police Department might never have hit the national stage had it not been for the riots that occurred in the aftermath of the arrest and death of Freddie Gray in police custody. However, the ineptitude of Mayor Rawlings-Blake and Police Commissioner Batts was thrust into the national spotlight as mobs burned and looted with impunity as the police stood by impotently or were attacked themselves. The world stood and watched as the officers, most of whom—as documented by the Baltimore FOP's after-action report—had no protective gear, were viciously attacked by the mob and did almost nothing. At least 160 officers were injured, and instead of taking action, incredibly, gave up their positions. Rumors of “orders from the top” to “stand down” and leave protective gear in their cars and stations were also confirmed by the FOP after-action report. The mayor and the police commissioner vehemently denied those claims yet numerous officers and even those in the upper ranks have acknowledged those commands.

Without integrity true leadership cannot exist. The ethical environment of every law enforcement agency is determined by those in command and the Baltimore Police Department has been the victim of broken leadership. The men and women who serve behind the badge in Baltimore deserve to be led by a person who has demonstrated the courage of integrity, empathy with the community, and the compassionate application of leadership. Maybe now that Batts is gone they will have that leader.

Randy Sutton is a 33-year law enforcement veteran and the national spokesman for The American Council on Public Safety (www.defendingtheshield.org). He served 10 years with the Princeton (N.J.) Police Department and 23 years with the Las Vegas Metropolitan Police Department, retiring at the rank of lieutenant. He is recognized as one of the most highly decorated officers in the LVMPD history, receiving awards for valor, community service, exemplary service, and lifesaving. He has trained thousands of American law enforcement officers in the subject of “Policing with Honor," and has received the Points of Light award from the President of the United States. Sutton is the author of “True Blue: Police Stories by Those Who Have Lived Them," "A Cop's Life,” “True Blue: To Serve and Protect,” and “The Power of Legacy: Personal Heroes of America’s Most Inspiring People.” His Website is www.thepoweroflegacy.com.

 

 

About the Author
Randy Sutton Author Sz2 Headshot
Blogger
View Bio
Page 1 of 56
Next Page