Tue, Dec 02 2008
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Published July 20, 2008 12:26 am - Police cope with credibility issues By Donna Hales and D.E. Smoot Phoenix Staff Writers What does a police chief do with an employee whose credibility is such that he or she can’t be a witness in a criminal prosecution?
Recent federal court decisions allow defendants to discover and bring up past credibility problems of officers testifying against them. “Anytime you give misleading statements, you create problems about integrity and credibility,” said Muskogee Police Chief Rex Eskridge. More and more police agencies and prosecutors are facing the problem of how to use an officer who has prior credibility problems, said U.S. Attorney Sheldon Sperling. It’s becoming a nationwide problem, he said. Tulsa Police Chief Ron Palmer said it’s a tougher problem for departments such as Muskogee than it is for larger departments such as Tulsa or Oklahoma City. Bigger departments have more flexibility in using officers, he said. “There are no guidelines for every situation,” Eskridge said. “We do what we can, based on conditions imposed upon us.” Police call backup to any crime scene where such an officer is working and could be needed as a trial witness. “We’re doing a lot of shadowing,” Eskridge said. Oklahoma City police officials said police unions with contracts requiring arbitrators to decide if an officer is terminated can leave police officials with little control over the officer going back on the job. Arbitrators often order an officer be restored to his former position. But in departments where officials have the right to determine where an officer with a discoverable credibility problem is assigned, that officer likely won’t be used at crime scenes, area officials said. Departments seek to keep such officers out of positions where they could be an important witness in a criminal case. “We’re more exposed when we have an officer brought back into a situation when credibility is a problem,” Eskridge said. “It puts us in broad exposure civilly and criminally when an officer clearly violated policy.” Some departments keep a list of officers who have credibility issues. U.S. Attorney offices won’t allow testimony from such an officer. Connecticut and Washington state both have laws involving law officers who commit perjury, tamper or fabricate physical evidence or make false statements in violation of specific state statutes. Such officers may have their state certification canceled. Muskogee Police are talking with other law enforcement agencies and researching policies that might be more clear cut as to officer ethics, Eskridge said. 
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