Fall 2003
OPOA Newsletter
Vol 29 No. 3 ~ Fall 2003
PRESIDENT’S MESSAGE
President’s Message
by Brenda George, Myrtle Creek Police Department
Welcome to the “Subchapter Training Issue” of the OPOA Newsletter. Recently, renewal slips were sent out to OPOA members with an attached survey requesting information on training that the membership would like sponsored by OPOA. This included types of training, locations for the training, and the cost of the training that members would be interested in paying for. I am pleased to announce that the response was much larger than we had anticipated, and that we are working on these training issues.
OPOA continues to support the best training for law enforcement, and at the lowest rate possible. This includes training at the local level as well as statewide training. One of the fastest growing means of training is the in-house training program.
All of the OPOA subchapters are also involved in offering different types of training for their subchapters, and in the support of their membership. There are several training opportunities listed in this newsletter. They will assist in problem solving, and information on training programs or assistance with contacts throughout the state. They are truly involved in the representation of their chosen field, and share willingly the information they have available. Please contact OPOA or any of the subchapters for any information or assistance you may need.
FEATURE ARTICLE
Evidence Room News
by Wendy Svaren, Lake Oswego Police Department
Historically, the evidence room has been an area where items were taken for storage and not a lot of attention was paid to how it was stored or who was in charge of storing that evidence. The property officer holds one of the most unglamorous jobs within the law enforcement profession. Yet they can bring down a police department before the PIO has been notified that, “the media is in the lobby.”
Managing a property room is not a job that most patrol officers or investigators have had their sights on. They did not attend the academy to learn how to manage an evidence room. In fact, most police academies do not offer courses on property and evidence management. Unfortunately officers assigned to this task were those who just could not seem to make it in other areas of the department.
Managing a property room can be difficult because it has so many different functions. Property must be logged in, packaged properly, marked and stored. Every time that piece of evidence moves the chain-of-custody must be maintained. Evidence officers record who took it and why, where it went, when it was returned and by whom. Finally, each piece of evidence must be properly disposed of when a case is finished. This could mean hundreds of items from just one seizure. Property rooms should also be inventoried periodically to insure that items are not missing and procedures are being followed.
In recent years attitudes have taken a drastic change in regards to property room management. Some of the most notorious criminal trials in American history have been played out on every television set across the country. With this, it has become very apparent that if we don’t clean house and pay attention to how evidence is being processed and maintained, we should expect to be the focus of internal investigations, queries from investigative reporters and certain embarrassment to the department. Today’s media climate does not favor ignoring mistakes-no matter who is at fault. Problems exposed by the media could cost the police chief and all others involved his or her job.
We can no longer package evidence in the first paper bag we find at the scene. We must log, track, store and inventory evidence in a manner that will hold up under sometimes difficult cross examinations by a defense attorney looking for that one area where we failed to follow procedure.
Why has chain of custody become so important? Because guilty suspects are being set free on procedural errors, police chiefs and officers are loosing their jobs and police departments are being embarrassed in high profile cases where evidence was handled improperly.
If you look at criminal defense in stages you may see what Burbank Police Captain Gordon Bowers describes as the three eras of legal defense:
Defense Era One: The Crime: The initial Defense Era was based upon the need to counter the claims of the prosecution. The primary prosecution question was, “Can we prove the defendant guilty?” The ideal defense outcome was to prove the innocence of the defendant. The strategy in that era was to either prove another person committed the crime, or to throw suspicion on another person so heavily that it created reasonable doubt in the minds of the jury.
Defense Era Two: The Search: With the establishment and expansion of the Exclusionary Rule came Defense Era Two. The primary prosecution question became, “Can we prove the evidence was lawfully obtained?” The direction of the defense seemed to change towards that of proving the evidence inadmissible, whether the defendant was guilty or not. The ideal defense outcome was a ruling of evidentiary inadmissibility. This was especially true in narcotics cases, because in those cases such a decision almost always resulted in the dismissal of charges.
Defense Era Three: The Chain: A new era is emerging. Having passed the stage of experimentation, it is moving to the forefront in courtrooms across the country. With the chain-of-custody at stake, the primary prosecution question becomes, “Can the validity and sanctity of the evidence be proven?” The ideal defense outcome is to produce a question in the minds of the jury as to whether the evidence has been, OR COULD HAVE BEEN tampered with or contaminated. Like Defense Era Two, it begs the questions of guilt, but instead of attacking admissibility through search and seizure issues, it attacks the evidence’s chain-of-custody.
I would suggest that the only response, which will ensure the admissibility of evidence when its chain-of-custody has been attacked, is to provide proof that the evidence has not been altered or contaminated. A successful and efficient property management system must develop and maintain strict procedures on the handling, security and disposition of property. Your property and evidence personnel should be trained professionals that understand the position and have not been placed there because they could not function in other areas.
Bottom line is PAY ATTENTION to what is going on in your evidence room. Have policy and procedures in place to protect you and your department should a question arise as to how your department handles property and evidence.
The Oregon Association for Property & Evidence Officers, a subchapter of OPOA was organized in an effort to educate the Oregon Law Enforcement community on how to manage an evidence room and avoid mistakes that could cause your department and community embarrassment. Please contact us with any questions or comments.
For more information about the Oregon Association for Property & Evidence Officers, contact OAPEO President Wendy Svaren, Lake Oswego Police Department, P.O. Box 369, Lake Oswego, Oregon 97034, or at svaren@ci.oswego.or.us.
ATF Gun Identification and Latent Print ID Training
Sponsored by Oregon Association of Property and Evidence Officers and Eugene Police Department, November 6, 2003 9am-3:30pm, at the Eugene Police Department Training Facility 1705 W. 2nd Avenue, Eugene, Oregon. The cost is $10 for OAPEO members and $30 for non-members ($20 will pay membership).
The ATF portion will be presented by Special Agent Cheryl Glenn. It will include the tracing of firearms, legal issues with releasing firearms and locating serial numbers. Latent print ID will be presented by an examiner from Marion County SO, and will include identifying a valuable print and procedures for developing prints in the field.
To register or for additional information, contact Laurie Blomme (541) 682-2876 or email laurie.l.blomme@ci.eugene.or.us Make checks payable to OAPEO and mail to Eugene PD, Attn: Laurie Blomme 777 Pearl Street, Room 107 Eugene, OR 97401.
SPECIAL SUBCHAPTERS
Child Abuse - Sex Crimes Subchapter
The mission of the Oregon Child Abuse - Sex Crimes Association is to provide professional training, information sharing and consultations in the area of child abuse and sex crimes investigations, and to recognize significant contributions in the areas of child abuse and sex crimes investigations.
The Child Abuse - Sex Crimes Association meets annually in conjunction with the OPOA conference, and in conjunction with the SCAR Symposium in Eugene: Western Regional Symposium on Child Abuse and Sexual Assault, “Creating a Violence Free World For Our Children” November 5 - 7, 2003 at the Valley River Inn in Eugene, OR.
The Child Abuse - Sex Crimes Subchapter sponsors the MDT Awards Luncheon on Tuesday, November 4 from 12-1:30 PM.
For additional information on the conference, please contact susiej@scar-jaspermtn.org, or visit www.scar-jaspermtn.org.
Oregon Background Investigators Association
OBIA is a Subchapter of the OPOA and has an email group that is available to all background investigators. It can be used to share or obtain information about the subjects of your investigations and to learn more about the resources available to use in conducting a background investigation. If you are not on the email list, contact Bob Keyser at 503-649-4948 or b.keyser@verizon.net and he’ll make sure you are added to the group.
By the time you read this an excellent seminar will have been completed. True Lies: Detecting Deception held on September 20 in Salem emphasized learning to analyze statements, body language and what is not said in a conversation. This course provided insight into the world of deception. The instructor was Capt. Joe Peckett.
Background investigators from around the state will benefit from an upcoming workshop on “Basic Background Investigations” hosted by: Redmond Police Department, Redmond OR, on October 20-22, 2003. The cost is $100. The instructors are retired Sgt. Jerry Johnson, Douglas Co. SO and retired Sgt. Tom Mason, Eugene Police Department. Class size is limited to 30.
This course will cover the need for background investigators, applicant phases, information sources, background interviews, federal guidelines, discrepancy interviews, and legal aspects. All class reference material is included. Lodging and meals are the responsibility of the student.
Contact: Anita at Redmond Police Department for registration and lodging information (541) 504-3403.
For more information about the Oregon Background Investigators Association contact Bob Keyser, President at 503-649-4948 or e-mail at b.keyser@verizon.net.
Robbery /Homicide Investigators Subchapter
The Robbery/Homicide Investigators Subchapter has members from all over the state. It sponsors its annual training each year in conjunction with the OPOA training conference in May.
For more information contact Subchapter President Detective Sally Jo Donahue, Linn County SO,1115 Jackson St. SE Albany, OR 97321 , (541) 967-3950.
Reserve Officers Subchapter
Oregon Association of Reserve Peace Officers (OARPO) was conceived by then Reserve Commander Frank Grace with the Gladstone Police Department. Frank saw the need for reserve organizations to share ideas and resources. The group started as an informal gathering of representatives from various agencies, primarily in the Portland area. From his small initial group, grew the idea of a larger organization that could eventually involve agencies from across the state. After a series of meetings OARPO was created as a subchapter of the Oregon Peace Officers Association.
Frank Grace has gone on to become the chief of the Gladstone Police Department. OARPO has continued to develop. While a majority of the membership is from the North Willamette Valley, there is representation from as far east as Baker City, and as far south as Medford.
OARPO has tried to focus on the needs of the Reserve Officer. Interdepartmental training has been the main thrust. OARPO has held classes on terrorism, patrol procedures, high risk stops, and EVOC. OARPO is not a union, and does not try to serve as a bargaining unit.
We have helped sponsor legislature that would clarify the definition of a Reserve Officer. It did not make it out of legislative committee. We have discussed the possibility of developing a legal assistance program for Reserve Officers that may encounter situations where representation may be necessary. We are looking for ways to fund such a program, but to date this has been cost prohibitive.
The Board of OARPO is made up a mixture of reserve and regular officers, giving a balance of perspective. Tom Freedland, Reserve Lieutenant with Tigard Police, is the current president.
For more information, e-mail OARPO@hotmail.com.
AWARD WINNING PEOPLE
The following accounts are just some of the awards presented at the annual awards banquet in Bend, on May 9, 2003. The Oregon Peace Officer prints these accounts to remind us that everyday men and women in the law enforcement community commit acts of bravery, valor and honor. They serve their communities and their fellow officers oftentimes without regard for their own well-being. We honor and salute them.
See the Summer 2003 Newsletter for more accounts.
See a complete list of the 2002 Awards Recipients and
2003 Awards Recipients
Public Service Award
Deputy Pete Penzenik, Deschutes County Sheriffs Office
Deputy Penzenik is a 20 year veteran, and has approached each day with honesty, integrity, and fairness in mind. He also is a deputy that can be routinely counted on to do his fair share of work, and more.
He is not only popular in the patrol district of LaPine, Oregon, but has also created an image in his rural area as an honest officer, and the residents know they will be treated fairly.
Deputy Penzenik can routinely be found donating his off duty time by volunteering - from distributing Christmas baskets to seniors in his area, to gaining grants to pick up old tires and trash, and volunteering at other numerous local functions. Deputy Penzenik provides (or something similar) an excellent example of doing the right thing when no one is watching, and he treats his fellow man with equal respect regardless of who they are or how they are perceived.
The Oregon Peace Officers Association presented Deputy Pete Penzenik the Public Service Award.
Life Saving Award
Lieutenant Bob Wittwer, Bend Police Department
Officer Clint Burleigh, Bend Police Department
Officer Stephen Craig, Bend Police Department
On November 7, 2002, at 5:31 p.m., Officers Clint Burleigh and Stephen Craig responded to a call of a man who was complaining of chest pain, then passing out.
When they arrived, they found the man passed out on the kitchen floor not breathing, no pulse, and turning blue. Officers Burleigh and Craig immediately started CPR. A few minutes later Lieutenant Bob Wittwer arrived with the Automated External Defibrillator (AED). Lt. Wittwer defibrillated the patient and Officers Burleigh and Craig continued the CPR as needed until the medical help arrived.
The patient was transported to the hospital, where he was reported in satisfactory condition.
The Oregon Peace Officers Association presented Lieutenant Bob Wittwer, Officer Clint Burleigh, and Officer Stephen Craig the Life Saving Award.
Life Saving Award
Deputy Dave Wagner, Marion County Sheriffs Office
On July 10, 2002, Deputy Wagner responded to an Attempted Suicide call. Deputy Wagner located the distraught male who had ingested several industrial nails, as well as cut his own throat and wrist. Deputy Wagner immediately covered the wounds and applied direct pressure on the throat wound until paramedics arrived. The subject was taken to the hospital where these life-threatening wounds were treated.
The attending physician stated that the incident would have proven fatal to the individual had it not have been for the quick and decisive action of Deputy Wagner.
The Oregon Peace Officers Association presented Officer Dave Wagner the Life Saving Award.
Life Saving Award
Sergeant Don Sweet, Marion County Sheriffs Office
Deputy Tyler Chapman, Marion County Sheriffs Office
Former Deputy Tina Boak, Marion County Sheriffs Office
On July 7, 2002, Sergeant Sweet, Deputy Chapman, and former Deputy Boak responded to an Attempted Suicide call. Upon arrival, the three deputies approached the house and saw through the garage window a vehicle running, and the victim lying unconscious on the floor.
A small window was broken out to gain access, and Deputy Boak entered the garage to open the door and check the vital signs of the victim. Sergeant Sweet and Deputy Chapman pulled the victim out of the garage and once the victim was in the fresh air, he began to breathe again.
The Oregon Peace Officers Association presented Sergeant Don Sweet, Deputy Tyler Chapman, and Former Deputy Tina Boak the Life Saving Award.
Life Saving Award
Corporal Gary Paige, Pendleton Police Department
On July 25, 2002, at approximately 3:06 a.m. Corporal Gary Paige, on routine patrol in the city of Pendleton, noticed a garage engulfed in flames. Corporal Paige quickly notified dispatch, requesting fire and ambulance.
Corporal Paige then approached the adjoining residence to the burning garage, where he awoke a juvenile female, and was advised that there were more people inside the residence sleeping. As Corporal Paige entered the residence in an attempt to locate the sleeping occupants, the east side of the residence began to burn, causing the interior to fill with smoke. Disregarding his own safety, Corporal Paige went on to locate one additional juvenile and two adults sleeping inside the residence.
Corporal Paige ushered the subjects out of the residence, then awoke the neighbors on each side of the burning residence. All of the subjects were escorted to safety as the garage exploded, causing the fire to spread to surrounding vehicles.
Corporal Paige’s professionalism and bravery saved the lives of several citizens that night.
The Oregon Peace Officers Association presented Corporal Gary Paige the Life Saving Award.
Life Saving Award
Parole & Probation Officers Keith Cordell and John Skourup, Douglas County Adult Parole & Probation
On January 13, 2003, Officers Skourup and Keith Cordell went to a residence to do a supervised home visit. When they knocked at the door they heard a moaning sound from inside. Fearing a health problem, Officer Skourup obtained a pass key to enter the room.
Entering, they observed the subject lying on the floor, unclothed, and unable to move. The subject was incoherent, and had no idea where he was. Establishing that the subject was in grave medical distress, medical personnel were summoned to the scene.
It was determined that the subject’s blood sugar was nearly 7 times that of a normal person and he was experiencing a severe diabetic reaction. The subject was transported to the hospital, where he lapsed into a diabetic coma. The subject is out of the coma, but is still in the hospital and will be going to Massachusetts near his family to continue in his recovery.
Had it not have been for the alert reactions of Officers Keith Cordell and John Skourup, the subject most possibly would have died at the scene. The officers applied their skills with compassion and professionalism.
The Oregon Peace Officers Association presented Officers Keith Cordell and John Skourup the Life Saving Award.
