Thursday, April 25, 2019

News Media Can't Get it Right


Trigger Warning!

I am defensive of law enforcement.  Start messing with the police and I get upset.  Make wild accusations about law enforcement and I really get upset.  Distortion of the facts falls into the “wild accusations” column.

However, when criticism is justified, I’m all in.  When one of our own tarnishes his or her badge, my badge is also tarnished.

The left-leaning USA Today story began with the following headline.  “We found 85,000 cops who’ve been investigated for misconduct.  Now you can read their records.”  (Story by John Kelly and Mark Nichols)

First of all, let’s just get this out there.  Personnel records are supposed to be internal records and not available for public review.  It appears that this is no longer the case.  So, if police confidential internal affairs records are subject to public review, you can count on your private “confidential” personnel records being open to public scrutiny some day.  But this is not the main issue here.

The article explains that 85,000 police officers have been investigated or disciplined for misconduct over the past decade.  We are talking about a ten-year period.  While the authors mention such things as drug dealing, theft, DWI, and spousal abuse, they fail to mention that misconduct can also include violation of department policies, rules, and procedures, all of which can lead to discipline up to and including termination.

Their report goes on to explain that they had uncovered another 200,000 acts of police misconduct that included 110,000 internal affairs investigations resulting in 30,000 officers who were decertified in 44 states.  That translates into 170,000 of reports of misconduct that came up empty-handed and 80,000 internal affairs investigations that didn’t result in officer termination.

On the surface, these numbers paint a terrible picture of police in the United States.  But let’s put these numbers into perspective.  Those 200,000 acts of misconduct include not only crimes but also violations of department policies and procedures and over a 10-year period.  Essentially, they are saying that there are 20,000 yearly acts of police misconduct.  In 2013 there were a total of 15,388 state, local, and county law enforcement agencies across the country.  (There are an additional 2,597 special jurisdiction police agencies such as campus, railroad, housing authority, port police.)  This means that on average, every police agency in the country had 1.3 officers engaged in police misconduct each year (U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, May 2015).

Another way of looking at these statistics that the USA Today authors are putting out is to look at the number of law enforcement officers in the United States and stacking that number up against officer misconduct reports.  There were 701,169 state, local, and county law enforcement officers, not including the special jurisdiction police, in 2016 (BJS, 2015).  Going on the average of 20,000 reports of misconduct per year, this would amount to 2.85% of officers being disciplined for misconduct each year.  Throw in those additional special jurisdiction numbers if you want and the numbers go down.

There are at least two more factors that need to be considered as we look at the numbers of police misconduct.  One has to do with the distribution of police officers across varying sized departments.

There are 83 police departments across the country employing over 1,000 sworn officers.  At the same time, there are 13,096 police agencies employing 24 or fewer officers.  There are 2,125 agencies that employ only one (1) officer!  (BJS, 2015).  It is a sad day indeed when 1.3 officers are disciplined for misconduct in a police agency of one (1).  In other words, more police misconduct is going to take place in increasingly larger agencies.

The second factor to be considered is the attrition rate in law enforcement.  Various studies have been conducted over the years into this issue.  The Vermont Criminal Justice Center reports a 51% turnover rate in the first two years of employment.  North Carolina reports a 14% turnover rate with new officers averaging a 33-month tenure.  Perhaps the most comprehensive study on police attrition, Koper, Maguire and Moore (2001) report that two-thirds of all officers in small agencies and one-third of officers in large police agencies resign within the first five years of employment. 

These last two factors alone confuse the narrative of a crooked law enforcement community.

Now, without a doubt, there are hidden numbers related to misconduct.  Some acts of misconduct go unreported.  Other acts of misconduct are handled by police agencies in a way that do not get included in the reports.  And without a doubt, police should be held accountable for misconduct.  But when we talk about police conduct, let’s at least be fair about it and put misconduct into proper perspective.  Especially in a time when police departments across the country are begging for people to join their ranks, we need to honesty in reporting.  And before the journalistic finger is pointed at law enforcement, perhaps it would be good for the media to clean up its own act.  Just exactly how many more media monsters (see, I can use inflammatory language, too) are there out there like Roger Ailes, Harvey Weinstein, Roy Price, James Toback, Mark Halperin, Kevin Spacey, Michael Oreskes, Brett Ratner, Russell Simmons, C.K. Lewis, Jeffrey Tambor, Glenn Thrush, Charlie Rose, John Lasseter, Matt Lauer, and the venerable Garrison Keillor are out there?

Want to know why there is friction between police and the media?

Thursday, April 11, 2019

Thomas Black Jack Ketchum

From most accounts, Thomas “Black Jack” Ketchum and his brother, Sam, had been
welcomed by the ladies at dances and social gatherings.  But that was before he and
his brother decided that their need for cash outweighed their ability to acquire it
through legitimate means.  Tom had worked on his brother’s ranch, but decided that
cow punching was not for him. He turned to banks and the railroads for revenue.


His first train robbery was outside of Deming, New Mexico, where he netted about
$20,000.  Robbing trains was so appealing to him that he extended his range through
the rest of New Mexico, Texas, Colorado, and Wyoming.  But it was New Mexico
where he built up his best, or perhaps his worst, reputation.


The brothers rode with Butch Cassidy’s Wild Bunch, but Black Jack had shown
himself to be so ruthless that it appears that he was invited to leave Cassidy’s gang.  
Back Jack and Sam had their own gang that met with various level of success.
Eventually, Thomas “Black Jack” and his brother had a falling out and they went their
separate ways.  Sam ended up getting himself apprehended and sentenced to the
Santa Fe State Prison where he later died. Black Jack on the other hand had
managed to escape capture.


Acting now as a lone train robber, Tom decided to rob the same train he and his gang
had previously robbed near Folsom, New Mexico.  As he made his approach to the
train, Frank Harrington, the train’s conductor, saw and recognized Ketchum and
greeted him with a blast from a shotgun.  The wound nearly severed Ketchum’s arm.
He fell back, and unable to get onto his horse and escape, he found a nearby
tree where he propped himself up and waited for rescue.  When a couple of men
saw him and went to render aid, Black Jack drew down on the men. One of them
said, “If that’s the way you feel about it, we’ll just leave you here.” Ketchum threw his
gun aside and allowed himself to be taken into custody.


He rode the train to Trinidad, Colorado, where his arm was amputated and was
then sent to Santa Fe.  From Santa Fe he was sent to Clayton, New Mexico, to face
trial for train robbery, where he was convicted and sentenced to hang.


At the hanging, Black Jack allegedly made two statements.  He is credited with both
telling Sheriff Garcia to hurry up and get it over with.  He is also credited with telling
the sheriff that lunch was served promptly at noon in hell and to hurry up as he didn’t
want to miss lunch.  Garcia struck the hanging rope twice with an ax and the deed
was done. However, Clayton’s only hanging did not go quite as smoothly as hoped.






The inexperienced hangman had left a 200-pound bag of sand attached to the rope
overnight, causing the rope to become as stiff as a wire cable.  When the rope was
cut and Ketchum fell through the trap door, the stiff rope decapitated him.


Ketchum is buried in the Clayton Cemetery.  As you enter the cemetery and go down
the main road you will find his plot all by itself, separated from all other graves by two
roads, one running into and the other out of the cemetery.  It seems that no one
wanted to be buried next to Black Jack. His grave is located just a few hundred feet
into the cemetery. You can’t miss it.

If you visit his grave, you might find coins tossed onto his grave.  When I visited
his grave there was a couple of dollars worth of quarters, nickels, and dimes.