NJ LUENOW Volume 5 ~ Issue 9
December 2014
New Jersey’s Independent Voice of Law Enforcement
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Year in review
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contents NJ LUENOW Team ™
PUBLISHER Envisage Productions Editor-In-Chief Daniel Del Valle Senior Managing Editor John Welsh
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MANAGING EDITOR Capt. Donna Roman-Hernandez (Ret.) EXECUTIVE EDITOR George Beck DESIGN EDITOR Dari Izhaky writers George Beck Sergeant Anthony Gangi Capt. Donna Roman Hernandez (Ret.) Rafael Rosa Matthew A. Peluso, Esq. Officer Eddie Molina Lt. Joseph Pangaro (Ret.) Officer. Jay Martinez photographers Vincent D’Amico Willis Hulings Officer Marc Loveland Monther Harb, Echo News WEBSITE/SUBSCRIPTIONS www.njbluenow.com EMAIL njbluenow@gmail.com ADVERTISING John Welsh 201.881.5100 201.943.3800
36 editor’s point of view
Leadership
captain’s corner
Up close
Daniel Del Valle 6
8
aptain Donna RomanC Hernandez (Ret.)
feature story
Tragedy and False Outrage 10
corrections
Rethinking Privatization 12
Women in BluE
30 Mentoring Complex Adaptive Systems 32 A Tactical Solution
blue Events
NJ Blue Honors SWAT and 36
Special Operations Officers
40 NJ Honor Legion 42 Blue Mass for Law Enforcement
Recruiting & Hiring Women 14
44 NJ Dept. of Corrections
OFFICEs 279 Belmont Avenue Haledon, NJ 07508
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Horses & Policing
The opinions and information provided in this magazine are the sole opinions of the editor and contributors and not their employers. NJBlueNow is published 9 times a year. ©Copyright 2011 NJ BLUE NOW, LLC. All rights reserved. While every reasonable effort has been made to ensure that the information is accurate as of publication date, NJ BLUE NOW, LLC and its employees, agents, clients and distributors shall not be liable for any damages arising from the use of or reliance on the information contained in this publication or from omissions to this publication. The www.NJBlueNow.com website is powered by ENVISAGE PRODUCTIONS, LLC. Layout & design by Dari Izhaky email: dzeek@optonline.net God Bless Our Troops! Please share and recycle this magazine.
in Law Enforcement
2014 Year in Review 18
22
The Utility of Mounted Patrol in a Globalized World
the law
Salt On The Wound: 24
Employment Discrimination Against Veterans
Service Awards Ceremony Passaic County
remembrance
48 Officer Walwyn W. Stuart, Jr. blue paws
Law Enforcement Officers 50 and Their Canines
technology
Technology of the Future 28
EP Envisage Productions
editor’s POINt of VIEW
A
s 2015 is quickly approaching, I’d like to thank all of our loyal readers and supporters who throughout 2014 made my efforts at NJ Blue Now an honor. I appreciate all of you. Have a happy holiday season and a prosperous and healthy new year.
Throughout 2014, NJ Blue Now once again remained the only independent voice for law enforcement. We’ve spoken out against attacks on law enforcement. Unlike the sellouts in the mass media who report what is trendy and often bend and twist the truth for ratings, we at NJ Blue Now give you the facts, regardless how unpopular they may be. As many of you have noticed during the second half of 2014, we’ve made some adjustments. We have transitioned from publishing a cover story that features an interview with a prominent law enforcement professional to one that we think brings attention to pressing law enforcement issues in NJ and across the nation. We still include vital interviews, but no longer as a cover story. This change has stretched the reach of our publication. Take for example, our “We Are The New Enemy” cover story featured in October. It brought national attention to the irresponsibleness of the mass media, and consumers of it, who don’t vet any of the disseminated information and take the half-truths and outright lies at face value. We are proud to promote awareness and contribute to the national discussion. Typically at the end of the year my mood is usually upbeat. But the incident in Ferguson, Missouri has me shaking my head. From reporters who consistently bash law enforcement and blatantly lie, to negative views of law enforcement on television—the whole ordeal is surreal. How can they be so irresponsible? Yes we are as imperfect as any other profession, and there are officers out there who don’t deserve to wear the badge. But they are merely a fraction of a percentage when compared to the vast majority of good officers who go out there every day and risk their lives to make this difficult world a better place. Yet, the media continues to harp on the negative. From the start the media jumped on the lies that were based on pure emotion and a complete disregard of facts in the Ferguson, Mo. police involved-shooting of a man who assaulted and attempted to disarm a police officer. In the end, the credible evidence determined Police Officer Darren Wilson should not be indicted. However, the pressure was so great, Officer Wilson resigned. How sad an innocent man was compelled to resign. Where’s the justice? Officer Wilson, we want you to know that we support you. We pray you will be able to resume a normal life free from fear and aggression. We understand the massive amounts of stress involved when an officer is faced with a life or death decision that is made within fractions of a second. We know all of the destruction and hurt was not because of your ultimate decision to fight and live and go home at the end of the day. On a final note, this issue is packed with informative articles. Our cover story is an end of the year review that recalls the high and low points in law enforcement, major events, popular culture and sports. We also further discuss the Ferguson issue, address disparities involving the hiring of women in law enforcement, new technology, mentoring, and call for a reconsideration of the privatization of our correctional facilities, as well as many other important topics. So grab hold of this issue and enjoy.
NJ LUENOW
Till next time! Stay Healthy, Stay Strong, Stay Blue!
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Daniel Del Valle Editor Daniel@njbluenow.com
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captain’s corner This time of year gives us the opportunity to pause and reflect on the year that has passed and to prepare for the year ahead. In 2014, the dominant law enforcement headlines and narratives often depicted a negative portrayal of our profession. Sadly, violence against law enforcement officers was a regular occurrence in our nation. We lost one of our own, Det. Melvin Santiago of the Jersey City Police Department, to a craven act of senseless violence. A worthless criminal hell-bent on murdering cops because they represent law and order, took Melvin from us. We also lost Police Officer Christopher Goodell of the Waldwick Police Department in a tragic accident. To say the least, it’s been a difficult year in law enforcement. An officer involved shooting in the city of Ferguson, Missouri clogged the news cycles non-stop since August, and caused a spike in hatred and resentment against our brother and sister officers. Protesters taunted and attacked officers demanding civil rights, yet hypocritically they disregarded the civil rights of law enforcement officers. The word justice took on a new meaning in Ferguson by those who condoned acts of violence against police officers and demanded that law enforcement and the National Guard use restraint in arresting criminals who burned police vehicles, fired firearms recklessly, assaulted citizens, and looted local businesses. The issue of class and color reared its ugly head as the reason why Ferguson Officer Darren Wilson used deadly force. At this time, there is no documentary evidence to support this claim. However, it was evident that the media magnified and often distorted its coverage of Ferguson. With the presence of reporters and cameras, some of the protesters were lawless with fiery police clashes. Social activists demanded that our judicial system take legal actions favorable to their cause. However, our judicial system must be guided by the evidence it has and not the court of public opinion. In the wake of the incident in Ferguson, President Obama announced that he would tighten standards on the provision and use of military-style equipment by local police departments. Our government announced a $263 million dollar program that will provide up to 50,000 body cameras for the police, most likely both strategic announcements to deal with the lingering tensions between the police and protesters in Ferguson and across the country. This year acts of violence by ISIS terrorists permeated our vision with horrific videos depicting the cruel and senseless beheading of innocent men. Something needs to be done to eliminate the treat from ISIS attacking us on our own soil. I believe these zealots are planning to attack us and we must be prepared for the worse case scenario. I believe law enforcement officers cannot surrender to the vindictiveness and suspicion of those individuals who wish them harm them. Terror will only triumph when Americans yield to their fear. Therefore, don’t let anyone determine your success or failure. As the New Year approaches, law enforcement must be ready to face a new challenging world. Best wishes for a safe Christmas and Hanukkah. Happy New Year!
Captain Donna Roman-Hernandez (Ret.) Managing Editor
If you would like to submit stories, pictures, or suggestions, send us an email at:
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njbluenow@gmail.com To Advertise Call: 201.943.3800
feature story
Tragedy and False Outrage By George Beck
Ferguson businesses burn, protesters celebrate.
A
lthough civil disobedience has a long and noble history in our nation, sometimes it serves as a cloak for criminality and is based on false outrage. In modern culture, social media has provided an easy pipeline to spread misinformation and wild speculation to hype up outrage and unrest.
Robert Cohen/St. Louis Post Dispatch/Polaris
endure the hardships they are now facing. With businesses burned to the ground, parents who were already struggling to feed their children in a dire economy now have no place of employment. Their jobs were literally turned to ash.
From the beginning, the police-involved shooting of Michael Brown in Ferguson, Mo. has been a missed opportunity. Throughout history, Americans have stood up against many injustices, which include civil rights abuses, police brutality, racism, gender and sexual orientation inequality, and the list goes on and on. But the shooting of Michael Brown is not a metaphor for any of these issues. It’s a tragedy that all could have been avoided had Brown not attacked a police officer and tried to disarm him. Had he actually had his hands up, like so many falsely have claimed, he would likely be alive today. Brown’s family would not have suffered the unbearable loss of a child. The Ferguson business owners and their employees would not have to 10
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For the criminals among the protesters, this wasn’t about the death of Michael Brown or social justice or activism--it was about criminality. All those who gleefully smiled and laughed as they looted and broke windows with bats, discharged firearms,
assaulted people, and torched the land proved one thing: that they are very good at breaking and destroying a community. From the moment Brown was killed, the entire mini-movement was based on false outrage. It was based on pure emotion, anti-police hostility, and disregard of documentary evidence that supported the officer’s version of the event. The reality that Brown was caught on video stealing from a local store and assaulting the business owner was minimized. Some claimed it was only a shove and not a big deal. Why did so many ignore evidence that clearly depicted Brown’s aggressive behavior? Because these facts were wrenches jamming the gears of the developing social media narrative and the personal agendas of the activists. By the time the grand jury returned a decision, the entire situation had been drastically overinflated. President Obama immediately took to the airwaves and expressed his empathy for Michael Brown’s family, offered his hope that the police would exercise restraint, and made a blanket statement for peace. To Advertise Call: 201.943.3800
But the violence and flames that would envelope Ferguson were unavoidable from the start. The outside agitators who flocked to Ferguson by the hundreds with weapons and Guy Fawkes masks didn’t show up because they planned peaceful demonstrations. When St. Louis County Prosecutor Robert McCulloch reported the grand jury’s decision after a lengthy and thorough weighing of the evidence, it didn’t matter to the protesters and the consumers of mass and social media that the evidence indicated Brown had assaulted a police officer and attempted to disarm him. It didn’t matter that the so-called “hands up, don’t shoot” story that sparked a mini movement was disproven; and the forensic evidence and autopsy results corroborated the officer’s testimony. None of the facts mattered. Why? Because this was never about facts.
reckless discharging of firearms, and other crimes could have been lessened or avoided had it been announced at a different time. To some extent this is true. Had the announcement been made in the morning, the criminals would not have been able to count on the cover of darkness. But to suggest a riot would have been prevented is to suggest that had the grand jury indicted Officer Darren Wilson, those who gathered on the streets with a premeditated agenda of violence would have thrown down their accelerants, matches, bats, guns and simply walked home satisfied with the indictment. It wasn’t going to happen.
“I don’t care what the evidence proves. He’s guilty!”
In the aftermath, some argued Prosecutor McCulloch was to blame because he announced the decision on primetime television and this either caused or contributed to the violence and destruction that subsequently followed late into the night, and left Ferguson like a barren wasteland of apocalyptic proportions. Many claimed the thefts, assaults, arsons, criminal mischief, illegal possession and
Even more concerning is that our president, in his remarks after the grand jury’s announcement, conveniently forgot to show any compassion or empathy for Officer Darren Wilson. Why? Because this also was never about him. The truth is activists with personal agendas and the mass and social media have created a powder keg of aggression that was going to explode somewhere in America. Ferguson just happened to be the place. Had it not been Officer Wilson, it would have been any other officer who didn’t want to die. Credits
http://chan4chan.com/archive/107071/I_DON%27T_ BELIEVE_IN_ANYTHING_-_I%27M_JUST_ HERE_FOR_THE_VIOLENCE
George Beck is a police detective, writer and a Ph.D. candidate. He’s earned several degrees including an associates, bachelors and two masters degrees. He is the author of The Killer Among Us (Noir Nation Books), and several other books. His nonfiction and short stories have been featured in magazines and anthologies both nationally and internationally.
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corrections
Rethinking Privatization By Sergeant Anthony Gangi
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s an offender stands before a judge and hears the sentencing terms, the victims and others are also listening. A two-year stint versus a ten-year stretch in a privately operated correctional facility can make a huge difference in profit. Will we one day arrive at the point where rehabilitation and a reduction in recidivism becomes less desirable because they ultimately compromises profit? By championing private prisons, we are condoning the profiteering of the incarcerated. In other words, we are saying that when times get bad, don’t worry, money will be made. If we look at the prison system as a business, we are disregarding the human element that makes the system work. When dollars dominate, one becomes blind to the real threat that lies within. In order to keep profits at a high, sometimes actions become motivated by the power of money. An increase in profit often leads to shortcuts and, thus, safety and security will be compromised and lives will be lost. In a lengthy complaint filed on behalf of mentally ill prisoners, who were confined at the privately operated East Mississippi Correctional Facility (EMCF), the ACLU compiled a list of grievances that included malnutrition, underfeeding, filth and other unsanitary conditions, higher rates of suicides and attempts, understaffing of 12
NJBlue now | december 2014
security personnel, which they claimed lead to higher rates of sex assaults, stabbings and beatings. The complaint also declared poor training of security personnel resulted in more use of excessive force and unsafe practices, such as comingling youth offenders with adults in general population Why does this happen? Many believe cost effectiveness is worth crossing over to privatization. But they are misguided by the belief that monetary savings will not compromise quality. Privately owned corporations routinely entice public officials by making promises to save millions. This mistakenly leads public officials to believe privatization is the only viable solution. In reality, a private business, like all other profit enterprises, initially find ways to save money by determining how they can cut operational costs. One way to lower operational costs is by lowering salaries (with the average officer making between $10.00 to $20.00 an hour), or reducing employee hours, or understaffing the shifts. This can be a very dangerous venture. Take for example at the privately operated Crowley County Correctional Facility (CCA) in Colorado when on July 20, 2004, a bloody riot took place. This incident ultimately led to a $600,000 settlement paid by CCA to 193 inmates, who got injured. At
that time, CCA lost control of the prison. Eventually, the riot was quelled by state law enforcement officials. The Colorado Department of Corrections issued their report stating the riot had occurred due to the private prison’s high turnover employee rate and, most importantly, inadequate staffing. Were the cost savings benefits worth the risks and injury that resulted? Another way to maintain profit and be cost effective can be seen in some of the contractual agreements between the private corporations and the state. Embedded within the contract are demands to keep prison beds filled. If they are not kept occupied, or fall below a certain percentage, a financial penalty must be paid by the state. How may they keep prison beds occupied? One probable way is for elected state officials to adopt legislation that can include stricter sentences (like three strike rule) for non-violent offenses, as well as enforce operations that involve mass arrest (like war on drugs). These policies may help ensure that, in some cases, 90 percent of the prison beds are filled. Recent findings from Public Interests, a non-profit organization that employs grassroots organizing, direct advocacy, investigative journalism, and litigation to affect public policy, have reminded taxpayers To Advertise Call: 201.943.3800
that private prisons are not what they seem to be on the surface. Information from multiple sources has shown that 65 percent of the private prison’s contracts, that have been analyzed, have within their foundation an occupancy quota. Arizona, Louisiana, Oklahoma and Virginia have the highest occupancy quota, which requires 95-100 percent capacity. For Colorado, with a third of its crime dropping in the last decade, they still must fulfill their contractual agreement of occupancy quota, which forces the taxpayers to pay an additional 2 million to profit prisons. Another possible problem with privately operated prisons is “cherry picking” inmates. In 2011, the state of Arizona found that private prisons pick the inmates who are medically fit and least violent. This just doesn’t seem right. By this standard, a facade is created in which the inmates that cost more to house are still being paid for by taxpayers, leaving those who cost less in the care of private facilities. In 2013, one privately operated prison company found on the New York Stock Exchange made $1.7 billion dollars
in revenue. Some of these profits are part of business conducted in a manner that charges the state or federal government a daily rate per each person incarcerated. This rate covers the investors, operating cost, and, most importantly, must return a profit. The rate is constructed by location of the facility, bargaining leverage with the state or federal government, guarantees of occupancy (in some cases, 100 percent), caps on medical care, population and security level. Another possible problem with privately operated profit-driven facilities is concerns about recidivism and rehabilitation. Rehabilitation results in potentially lower levels of recidivism and thus less profit. If the offenders are not constantly entering the revolving prison door, then profits are less. If prisoners are rehabilitated wouldn’t that directly compromise profits? Also, we have to be mindful of the real possibilities that lobbyist who favor privately operated correctional facilities, may champion stricter laws and sentences as ways to increase profits. As a society, are we willing to make
minor offenses punishable by longer prison terms? I don’t believe so. But think about it. If low-grade offenses were punishable by longer prison terms, who wins? As a correctional officer, I am reminded that safety and security of inmates and those tasked to guard them are our greatest concerns. This must be within every deal that is made. Profit should never compromise safety and security. It will ultimately lead to the failure of the American correctional system. Of course, there are problems with government operated facilities, but taking steps to improve them would offer a greater benefit than placing the operation of a prison system in the hands of privately operated profit-driven companies. For over twelve years, Anthony Gangi has worked in the correctional setting dealing with both male and female offenders. He served on the custody level and has moved through the ranks from line officer to supervisor. He has a degree in psychology and a true passion for the written word.
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Women in blue
RECRUITING & HIRING WOMEN IN LAW ENFORCEMENT By Captain Donna Roman Hernandez (Ret.)
“The secret of my success is that we have gone to exceptional lengths to hire the best people in the world.” ~Steve Jobs
N
ationwide, law enforcement agencies want to recruit and retain honest, informed, intelligent and motivated applicants. However, traditional police recruiting strategies frequently overlook recruiting women into the law enforcement profession.
NUMBERS LOW
The number of women officers in the law enforcement profession has not kept pace with the modern approach to community policing that emphasizes communication and cooperation with citizens. Jon Felperin, the Director of The Center for Law Enforcement Training in Northridge, California feels there are many possible reasons for the decline in the number of women pursuing careers in law enforcement. “Although research shows that women can be just as effective as men, uneven hiring practices, selection processes and recruitment policies keep the number of women artificially low.” Research studies conducted in the United States and internationally show no meaningful difference between male and female officers in their activities or productivity on patrol, their commitment to law enforcement organizations, their response to violent confrontations, and their performance evaluations received both at the academy and on the job. Victor E. Kappeler, Ph.D., the Associate Dean and Foundation Professor of the School of Justice Studies at Eastern Kentucky University wrote in The Inferiority Myth, “Despite some differences in how males and females approach police work, there is no scientific evidence that indicates females are inferior to, or less effective than their male counterparts.” 14
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Yet, the numbers are still low and the disparity among the amount of women entering law enforcement has not kept up with the pace with many other professions. Since women began entering the workforce in many professions during the 19th century, there has been a steady rise towards equality, while law enforcement has fallen far behind. For whatever reasons, the police profession appears, at least statistically through the low numbers of women officers hired, to hold onto a myth that men are somehow superior, while every bit of research and statistics debunks this misconception. This paradigm has far outlived its practicality and usage.
A SELF-ASSESSMENT GUIDE
In 2000 under a grant from the U.S. Department of Justice, Bureau of Justice Assistance, the National Center for Women & Policing (NCWP) developed a selfassessment guide for law enforcement to assist agencies seeking to recruit and retain more women in sworn law enforcement positions. The publication, Recruiting & Retaining Women: A Self-Assessment Guide for Law Enforcement, was designed to help federal, state, and local law enforcement agencies examine their policies and procedures to identify and remove obstacles to hiring and retaining women officers. It promotes increasing the number of women at all ranks of law enforcement as a strategy to strengthen community policing, reduce the use of force, enhance police response to domestic violence, and provide balance to the workforce.
SIX ADVANTAGES
This self assessment guide lists six advantages for law enforcement agencies to hire and retain more women officers:
1 2
Female officers are proven to be as competent as their male counterparts.
Female officers are less likely to become involved in incidents of excessive force because they use a style of policing that relies less on physical force.
3
Female officers bring skills and abilities to the job that help implement communityoriented policing and problem solving which facilitates cooperation and trust between police officers and community members.
4
Female officers often have the ability to de-escalate potentially violent or aggressive situations through their presence and use of interpersonal skills, reducing the need to resort to physical confrontation.
5
Increasing the presence of female officers reduces the prevalence of sex discrimination, under utilization, and sexual harassment within an agency by reducing the numeric underrepresentation of female officers.
6
The presence of women in a law enforcement agency can bring about beneficial To Advertise Call: 201.943.3800
changes in policy for all officers. This may result in the development of improved selection criteria, performance standards, and supervision for all officers.
RECRUITMENT STRATEGIES
According to the self-assessment guide, the following are suggestions to help law enforcement agencies improve their recruiting of women to the law enforcement profession:
Develop an Effective Recruitment Program
Law enforcement agencies should develop a specific plan of action to broaden outreach activities to attract women applicants. They should implement women-specific recruitment strategies that target women in the recruiting process and emphasize the agency’s desire to significantly increase the number of women in its ranks. Also important is the formation of a recruitment committee that includes women.
Monitor the Recruitment Program
Once a recruitment program is implemented, staff should continually monitor and evaluate it to determine what works and what changes or adjustments may need to be made to increase its success.
Media Coverage
Law enforcement agencies should implement marketing techniques, using positive print, television, and social media sites to recruit and increase the number of women in their applicant pool, including advertising in publications with a high
female readership and hosting career workshops that allow women to learn more about the job.
Remove Obstacles in the Selection Process
Law enforcement agencies must examine their selection processes to identify and remove obstacles that have had an adverse impact on the hiring of women, improve their testing process, identify where women are being disqualified and promote a gender-diverse workplace that benefits all sworn personnel.
Assessment of the Law Enforcement Agency
To conduct a comprehensive assessment, sufficient resources must be allocated and as many women as possible from all ranks within the agency should be involved in the assessment process to compare what it is doing right and wrong to recruit women to the law enforcement profession. Increasing the representation of women in law enforcement means positively changing the climate of modern day law enforcement agencies. As I have presented above, there are many situations where police departments can benefit tenfold by increasing the number of female police officers. Slowly... very slowly, much slower than other professions, women are entering the profession. Through awareness, I am hopeful the hiring of women in law enforcement will catch up with other professions and increase the potential and professionalism of law enforcement.
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Credits: Recruiting & Retaining Women: A SelfAssessment Guide for Law Enforcement Bulletin, The National Center for Women in Policing, Bureau of Justice Assistance, 2000. The Inferiority Myth, Women in Law Enforcement Series, Part 2. Victor E. Kappeler, Ph.D., Associate Dean and Foundation Professor of the School of Justice Studies at Eastern Kentucky University. Women in Law Enforcement: Two Steps Forward, Three Steps Back. Jon Felperin. Police One.com, May 18, 2004. Captain Donna Roman Hernandez (Ret.) is a domestic violence police specialist, domestic violence subject matter expert and consultant. She is the host of Tough Justice Internet Talk Radio Show (www. toughjusticeddv.com) and The Jersey Beat Blog Talk Radio Show (www.thejerseybeat.blogspot. com). Her award-winning feature documentary-memoir The Ultimate Betrayal: A Survivor’s Journey is available for download or purchase at Amazon.com – Prime Instant Video. Contact Donna at salsacop446@hotmail.com or www.blueforcefilms.com.
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cover story
2014
Year in review
by Daniel Del Valle & George Beck
2014
was a monumental year in law enforcement, popular culture, and life. Through many ups and downs, the year unfolded and the events that are featured here all have one thing in common: They are part of the past, committed now to historical record and memory. There is nothing we could do to change or rewrite them. 2014 was packed with noteworthy events, and because we couldn’t possibly feature all of them in one article, we’ve selected a few that will highlight the year. We acknowledge this is not an all-inclusive list, but as we prepare to look forward to 2015, our purpose is to cover enough ground to review this year with a sense of completeness. Our timeline, so to speak, is in narrative form and the events are recorded as they occurred.
Let’s begin.
2014 opened with the coldest start nationally since 1993. The months from January to April in the Eastern U.S. resulted in 13 states setting records. While the cold temperatures blistered across our great country, events in Iraq and Syria were boiling over. During this period we learned of Islamic militants belonging to a group called Islamic State in Iraq and Syria (ISIS) and how they were seizing control of the land the United States had set free. It wouldn’t be 18
NJBlue now | december 2014
Research by Anthony Gangi long before their terrorism agenda thrust onto the world’s stage with the beheading videos and other savagely brutal acts that spread in the latter part of 2014 like wildfire on the Internet. 2014 was a year of many new laws and “firsts.” Take for example, the residents of Colorado and Washington saw the decriminalization of marijuana and the birth of new laws that permitted its purchase for recreational use. Same-sex marriages were also legally permitted in several states. Changes in immigration policies sparked national debates. Janet Yellen became the first woman to lead the Federal Reserve. And the list goes on and on. Here in New Jersey, the year began with massive amounts of security preparations to host Super Bowl XLVIII. As we worked to keep our residents and country safe, in the weeks leading up to the kickoff at the Meadowlands Stadium in East Rutherford, a newly enacted law that addresses the reality of human trafficking occurred. Human trafficking is often associated with large sporting events. The law was a preempted strategy to combat the pervasive nature of crimes against humanity and raise awareness of the issue. And while law enforcement made security preparations to safely host the Super
Bowl, a deadly outbreak of the Ebola virus was causing a pandemic in Western Africa. The Seattle Seahawks delivered a crushing defeat against the Denver Broncos. Linebacker Malcolm Smith’s superior athleticism earned him the Super Bowl MVP trophy. After the last down was played and the athletes returned home for the offseason, the Ebola crisis in Western Africa had grown at an alarming rate. It wasn’t long before the CDC issued its initial announcement of an Ebola outbreak in Guinea that the world began to learn about the deadly virus and the threats we potentially would face should it spread to our country. But, at least for now, the spread of Ebola appears to be contained. There have been a total of ten people in the United States with the Ebola disease. Of these ten people, eight of them contracted Ebola while outside the United States, and two of these eight died from it. The other two were nurses who treated an Ebola patient on American soil. As of December, there has not been a single case of a person who both contracted Ebola while in the United States and subsequently died from it. Online gambling in New Jersey came about in late 2013 and began to generate forward momentum during the early part of 2014. In contrast, the gambling mega hub Atlantic City started the year with 12 casinos and by September a third of them went belly-up. To Advertise Call: 201.943.3800
This in turn left the city with one of the nation’s highest unemployment rates. Some argued the failure of the casinos was the result of an economic downturn, and the legalization of gambling in adjacent states. During the month of March the disappearance of Malaysia Airlines Flight 370 occupied most of the national news cycles. On March 8th, the 777 aircraft carrying 239 passengers vanished from the radars, leaving the world with feelings of confusion and concern. All types of theories developed in the subsequent months, and as of this date, investigators believe that Flight 370 airline crashed somewhere in the southern Indian Ocean. The investigation is still ongoing. Due to a spike in heroin-related deaths, in April a pilot program began in Ocean County, New Jersey, for responding officers to administer a drug called Narcan which reverses the effects of heroin in suspected cases of an overdose. All over the state, officers began training on how to properly administer Narcan utilizing a nasal spray device. So far, throughout New Jersey many lives have been saved from the deadly effects of a heroin overdose. The NBA season was in full swing when the nation was engaged in a discussion about race that was sparked from the comments made by Los Angeles Clippers owner Donald Sterling. On April 29th, Sterling was banned for life from the NBA. In the first half of June, the San Antonio Spurs went on to dominate the Miami Heat in the NBA Finals. It was sharpshooter Kawai Leonard’s immense talent and passion for the game that helped propel the Spurs to victory and earn him a well-deserved MVP Award. Around the same time the Los Angeles Kings trounced the New York Rangers
in a five game series that won them the Stanley Cup. Justin Williams led the Kings to victory, and earned the Conn Smythe Trophy as the Finals most valuable player. The Supreme Court ruled in June that warrants are now needed to search the cellphones of people under arrest. Writing for the court, Chief Justice John G. Roberts Jr. noted the new role cellphones play in our daily lives. Cellular phones are, “such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy,” the Chief Justice said. Since we’re discussing technology, Apple iPhone and Samsung Galaxy smartphones dominated as best sellers. The social media giant Facebook purchased “Whatsapp” for $16 billion. The biggest trend of the year was seen during the summer months when millions of people dumped buckets of ice water on their heads in the “ice-bucket challenge” for charity. Tons of videos of people drenching themselves with buckets of ice water flooded social media. The summer months of 2014 was a very trying time for law enforcement in New Jersey and nationwide. On June 8th, Ofc. Alyn Beck Las Vegas Police Officers Alyn Beck, 41, and Igor Soldo, 31, were eating lunch when they were ambushed and killed. The male and female maniacs Ofc. Igor Soldo who killed the officers then went to a nearby Walmart where they shot and killed a civilian, before exchanging gunfire with the responding officers. The shootout concluded with the male being killed by the responding officers and the female committing suicide. On July 13th, Jersey City Detective Melvin Santiago, 23, was shot and killed in an ambush by a miscreant who entered a store with the intent to ambush the responding officers. The lunatic assaulted the private security
guard and disarmed his service weapon. Responding Detective Santiago and his partner drove into the parking lot when the criminal fired upon them without warning. They had no chance to defend themselves. Other responding officers arrived and returned fire, killing the crazed man. Four days later, on July 17th, Waldwick Police Officer Christopher Goodell, 32, a Marine Corps veteran, was performing traffic enforcement duties on the shoulder of Route 17 when a tractor-trailer swerved and crashed into his patrol car, killing him. We salute these officers and honor their service. They are not forgotten. May they continue to rest peacefully. We at NJ Blue Now offer our condolences to their families and loved ones. Also in July, NYPD officers in Staten Island were arresting Eric Garner, who resisted and tragically was killed during the encounter. This sparked massive debates over whether or not the officer used an illegal chokehold. Protesters and anti-NYPD sentiment spread across the Internet and dominated the news cycles. In December the grand jury chose not to indict the officer, igniting another wave of protests and hostility against police. As the August sun baked the land, setting records in areas of the West and Southwest, a riot broke out in the aftermath of a police-involved shooting in Ferguson, Missouri. On August 18th, Missouri Gov. Jay Nixon called the National Guard to Ferguson, while ISIS prepared to shock the world the following day by posting a YouTube video of U.S. journalist James Foley, who had been missing in Syria since 2012, being decapitated by ISIS James Foley militants. While the events in Ferguson continued and nationwide law enforcement underwent attacks and resentment, civilians in Ferguson were seen walking the streets N JBlue now | december 2014
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cover story wearing T-shirts claiming, “I rather get stopped by ISIS terrorist than Ferguson PD.” On top of the shirt was a handsup icon. Seeing residents wearing shirts claiming they’d rather be stopped by ISIS terrorists than the Ferguson police left us at a loss for words. This wounding statement ranked the police below ISIS—a group known for their mass killings and hatred of westerners. We prayed ISIS never stopped any of these folks, but if they do, at least they can rest assure that law enforcement will always be there to defend and protect them. On September 2nd, in another video showing the savage brutality of ISIS militants, U.S. journalist Steven Scotlof was de-capitated. On September 13th, another beheading video surfaced, this time showing the execution of British aid worker David Haynes. It was the third beheading video of a Western hostage in nearly a month. While all of the hostilities continued, on September 12th Pennsylvania Trooper Corporal Bryon Dickson II, 38, and Trooper Alex T. Tpr. Bryon Dickson Douglass, 31, were leaving the State Police Barracks in Blooming Grove, Pike County, when they were ambushed by a unknown gunman hidden somewhere in the darkness. The coward hadn’t given the officers a chance to defend themselves. Corporal Dickson, a married father of two and Marine Corps veteran, was killed; Trooper Douglass was critically wounded. This craven act was the straw that broke the camel’s back. Law enforcement had had enough. In an exhausting manhunt that spanned 48 days, the coward who killed Corporal Dickson and wounded Trooper Douglass was apprehended. The events in Ferguson and other policeinvolved events spawned national hate rants and attacks on law enforcement. NJ Blue Now Magazine spoke out against the hate and aggressiveness. Our October issue “We Are The New Enemy” set a national dialogue across the country. We offered law enforcement’s 20
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perspective at a time when rabble rousers were attempting to silence our voices. Also in the fall of 2014, NJ Blue Now published some of the most progressive and informative law enforcement articles that contributed to the national law enforcement discussion. Whether it was our arguments against hate and attacks on law enforcement and those who are inciting the aggressiveness or the promotion of active school shooter awareness and preparedness, terrorism, and many other important issues, NJ Blue Now remained committed to being the independent voice for law enforcement. At the end of the major league baseball season NY Yankee Derek Jeter’s retirement was covered on practically every television, radio, and Internet station. In some areas of the country, Jeter’s retirement was discussed more than who would win the World Series. In late October, the Series was won by the San Francisco Giants in a seven-game battle against the Kansas City Royals. San Francisco pitcher Madison Bumgarner earned the MVP award. Despite rainy weather, the streets of San Francisco were packed with thousands of fans who attended the Giants victory parade on Oct. 31st. At the end of November all the credible evidence in the police-involved shooting of Michael Brown in Ferguson, Mo., was weight by the grand jury, and the facts indicated Officer Darren Wilson should not be indicted. This led to a riot that left the city of Ferguson like a barren wasteland of apocalyptic proportions. Ultimately, from the moment Brown was killed the entire mini-movement was based on false outrage. It was founded on pure emotion, anti-police hostility, and disregard for the documentary evidence that supported Officer Wilson’s version of the events. The pressure against Officer Wilson was so great that shortly after his vindication, he resigned from the police department.
and women who bravely serve as SWAT members and to further promote safety and security awareness. In our NY Blue Now publication, we were among the first independent law enforcement publication to promote awareness about the terrorist organization ISIS and offer tips about what we can do to help prevent tragedies in our communities, specifically by featuring internationally acclaimed terrorism expert Bernard Kerik, former NYPD Police Commissioner and interim Minister of the Interior of Iraq. This is the type of information we proudly offer exclusively to law enforcement. In 2014 we bid a final goodbye to numerous popular culture icons. Among them were Phillip Seymour Hoffman, Shirley Temple, Casey Kasem, Mickey Rooney, Robin Williams, Ann B. Davis, Tommy Ramone, Lauren Bacall, Joan Rivers, and Oscar de la Renta. When Robin Williams died by suicide in August, a national discussion about suicide prevention began. We at Envisage Productions brought suicide awareness and prevention tips to our law enforcement brothers and sisters. Our Connecticut publication, CT Blue Now, delved deeper into the subject of suicide awareness for law enforcement. As 2014 draws to a close, we as a law enforcement publication are looking forward to strengthening the profession by remaining the independent voice for law enforcement. The events of 2014 are now behind us. Let’s learn what we can from them and push ahead, making our communities safer and more secure. We are hopeful that during 2015 the voices of those who support law enforcement will be heard among those who seek desperately to silence us. Although 2014 was a trying year for law enforcement nationwide, we learned our brotherhood is strong. Together as a united Blue family, we look forward to a prosperous, healthy and safe new year.
In December Envisage Productions held a successful event to honor the men To Advertise Call: 201.943.3800
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Horses & Policing
The Utility of Mounted Patrol in a Globalized World By Rafael Rosa
The strongest oak of the forest is not the one that is protected from the storm and hidden from the sun. It’s the one that stands in the open where it is compelled to struggle for its existence against the winds and rains and the scorching sun. ~ Napoleon Hill
T
o a large degree, the above quotation can be used to describe the unrelenting spirit of horses. True to their nature, horses have traversed through numerous obstacles over the course of their prolific existence. The utility of horses in America, and across the world, has run the gamut from fighting wars and winning battles to providing transport and tilling the land. Their generous contribution to society is inestimable for horses are the sure-footed foundation that we proudly stand on today. Perhaps with the exception of providing emotional comfort to cancer patients and sick children, there is no greater sacrifice than a horse used for law enforcement purposes. Mounted patrol in the city of Newark began in 1891, with the first mounted officers providing basic traffic enforcement and crime deterrence. In those days, the police department’s objective was simple; having an officer on horseback provided the needed visibility, and geographical coverage, for citizens and visitors to feel safe as they walked the city streets. Over the course of time, however, the function of the police horse became ever more essential as the unit paralleled the gradual evolution of the police department. Today, officers on horseback are used for various purposes from traffic enforcement and riot control to parades and community-outreach policing. The latter component of a mounted officer’s responsibilities is, to many citizens and politicians, the most crucial and valuable. In a city with little access to farm animals, the mounted unit is the shining star for many urban families. The joy on a child’s 22
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face as he pets a police horse is second to none, the image a testimonial symbol to the continuous partnership between the police and community. In this sense, the police horse is the bridge that connects the officer to the public. It is no surprise, then, that a normal day for an officer on horseback involves continuous interactions with children and community members. This trustful symbiotic relationship is more pivotal today than at any other time in police history. Recently, the police officer’s image has been marred by the media, and the trust level between police and citizens has depleted. One effective way to cure the ills of a beleaguered community is to build trust and commitment to service. This trust and commitment is embodied in the police horse. Unlike the secure, yet impersonal presence of police cars, people are enthralled by the majestic qualities of the horse that, in the eyes of many, provides security and comfort throughout the city. Within the city of Newark, horses not only improve the aesthetic quality of the area they occupy, but also attract the people around them, thus providing a source of dialogue and intimacy. In this sense, the horse becomes the gathering place for the community. In recent years, cities all over the United States have been disbanding this vital component of law enforcement, opting instead, for technology. To some, mounted patrol has become obsolete as we move away from the age of the Flintstones to embark in the age of the Jetsons. Yet some major cities such as Newark, New York,
The mounted unit
Los Angeles and others have decided to keep mounted patrol intact. These cities realize that technology cannot overcome the unique quality of policing that these animals manifest. In his book, The Lexus and the Olive Tree, author Thomas L. Friedman believed that we cannot completely surrender the olive tree and live with the Lexus alone. To put it plainly, the Lexus is the imminent future that is forged out of the labor of the olive tree our traditions and roots that have shaped our society. By severing the olive tree, individuals would be undermining the forces that elevated humanity to a higher order. The same can be applied to police horses. By discounting the laborious efforts of mounted patrol, one is refusing to look at the chain that connects advanced technology such as motorcycles, and even cars, to horses. Ironically, this blueprint is seen most conspicuously in Newark, NJ, which presently houses both horses and motorcycles under one roof—a historical and complimentary partnership that connects the best of the past with the present. Rafael Rosa has been a police officer since 1999. He presently holds an associates and bachelor degree in Criminal Justice, two master’s degrees and is a doctoral candidate.
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N JBlue now | december 2014
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the law
SALT ON THE WOUND: EMPLOYMENT DISCRIMINATION AGAINST VETERANS By Matthew A. Peluso, Esq.
A
fter the national embarrassment involving the U.S. Department of Veteran’s Affairs, reforms are now being instituted at that troubled government agency which will hopefully provide the level of medical care and attention that injured members of our Armed Services clearly deserve. However, veterans face other challenges when they return home from active duty. Many employers, including, unfortunately, law enforcement agencies, take advantage of a veteran’s absence from work to replace them, punish them and refuse to re-hire them when they return from active duty. Yet, law enforcement officers who also serve in the military are protected from discrimination and retaliation under both state and federal law. The “Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C.A. § 4301, et seq. (“USERRA”) was enacted by Congress: “(1) to encourage non-career service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against persons because of their service in the uniformed services.” Under Section 4311(a) of USERRA: “A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, 24
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promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.” Under Section 4331(c): “An employer shall be considered to have engaged in discriminatory conduct “if the person’s membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service.” Pursuant to Section 4312 of USERRA, “any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits.”
In the case of Staub v. Proctor Hospital, 562 U.S. 647 (2011), the United States Supreme Court found that USERRA is similar to Title VII, the federal civil rights statute, which prohibits employment discrimination “because of… race, color, religion, sex, or national origin” and states that such discrimination is established when one of those factors “was a motivating factor for any employment practice, even though other factors also motivated the practice.”
Staub, citing 42 U.S.C. §§ 2000e-2(a), (m). In addition, the Court found that an employer violates USERRA if antimilitary animus is a “motivating factor” in an adverse employment decision. According to the Court in Staub, a plaintiff can satisfy the “motivating factor” requirement by showing that the supervisor who took the adverse employment action against him or her acted personally out of hostility to the employee’s membership in or obligation to a uniformed service, as long as there is “some direct relation between the injury asserted and the injurious conduct alleged. The Court found that “if a supervisor performs an act motivated by antimilitary animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate employment action, then the employer is liable under USERRA.” Law enforcement officers who are veterans or active armed service members are also protected by the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C.A. 501, et seq., formerly known as the “Soldiers’ and Sailors’ Civil Relief Act.” The purposes of the SCRA are: “(1) to provide for, strengthen, and expedite the national defense through protection extended by this Act to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and (2) to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.” 50 U.S.C.A. 502. Thus, the “SCRA provides servicemembers relief from certain civil obligations and temporarily suspends judicial and (Continued on page 26) To Advertise Call: 201.943.3800
Once Public Employees, Now Practicing Attorneys. Get to know who’s on your side. John D. Feeley, Esq. Sr. Partner
Tony F. LaRocca, Esq. Sr. Partner
J.D., Seton Hall University School of Law B.S. cum laude, Fire Science/ Criminal Justice
J.D., Quinnipiac University School of Law, (Formerly Birdgeport School of Law) B.A. Criminal Justice, Kean University
John Feeley, Esq., is a practicing attorney who devotes the majority of his practice to the areas of disability pensions for public employees and worker’s compensation claims. Prior to starting his legal career in 1997, Mr. Feeley served as a police officer and firefighter in the City of Orange from 1983 to 2008, where he was also a Union President of the FMBA Local 10 and FMBA Local 210 for 17 years. He has a unique understanding of the legal options available to public employees and has successfully argued many cases, including Russo v. the Board of Trustees for Police and Firemen’s Retirement System, 206 NJ 14:17A.3d 801 (2011).
Tony LaRocca, Esq., is a practicing attorney with 27 years of legal experience. His primary expertise lies in workplace injuries, with a strong emphasis on worker’s compensation benefits and pension benefits for police officers, correction officers, firefighters and public employees. He currently holds a position as an adjunct professor of criminal justice at Kean University. Prior to his legal career, Mr. LaRocca served as a corrections officer for 9 years in the Union County Department of Public Safety where he received the Award of Conduct Above and Beyond the Call of Duty.
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Tony F. LaRocca, Esq. Tlarocca17@gmail.com
Essex County Office: 973-821-5360 Union County Office: 908-486-3003 N JBlue now | december 2014
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the law (Continued from page 24) administrative proceedings and transactions involving civil liabilities when military service materially affects the ability of a servicemember to meet or attend to civil matters.” Charlton, Paul K, Office of the U.S. Attorney, District of Arizona, Report on the Servicemembers Civil Relief Act, p. 1. The SCRA provides members of the armed services protection from “default judgments, suspension of judicial and administrative hearings of civil (not criminal) suits against servicemembers, limitations for individuals seeking to enforce civil liabilities of members concerning leases, installment contracts, mortgages, and liens, and preservation of members’ rights with regard to suspension of taxes and business obligations.” Id. The SCRA imposes a stay on all such litigation until the servicemember’s return from active duty, plus an additional ninety (90) days. 50 U.S.C.A. 522. In New Jersey, under the Law Against Discrimination, N.J.S.A. 10:5-1, et seq., members of the United States Armed Forces are protected from discrimination and retaliation just like members of racial, ethnic and religious groups. Pursuant to N.J.S.A. 10:5-12(a): “It shall be an unlawful employment practice, or, as the case may be… unlawful discrimination… [f]or an employer… because of the liability for service in the Armed Forces of the United States… to refuse to hire or employ or to bar or to discharge or require to retire… from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment…” In addition, members of the armed services in this state are protected by the “Veteran’s Preference Act,” N.J.S.A. 11A:5-1, which provides absolute veterans preference in employment selection. As law enforcement officers know, this preference is effectuated under the “Rule of Three.” Under this rule, after an open competitive or promotional exam is held, a civil service employer may select any candidate from the top three ranks unless a veteran is in the top three ranks. The veteran’s preference “rewards those whose military commitments… were of such a nature and duration as to interfere substantially with an individual’s civilian status.” McHale v. Civil Serv. Comm’n, 178 26
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N.J.Super. 371, 380 (App.Div. 1981). According to the State of New Jersey, Civil Service Commission website: “The Veteran’s Preference Act gives all eligible veterans priority on the certified lists for open position and means that qualified veterans are placed at the top of an open competitive employment list ahead of non-veterans regardless of their scores. Disabled veterans and veterans are placed on promotional lists according to their scores, but they have preference over nonveterans when a disabled veteran or veteran is at the top of a certification of the list to an appointing authority.” However, in the case of In the Matter of James Cullen, the Appellate Division of this State ruled that the veteran’s preference only applies prospectively, as opposed to retroactively. Members of the armed services are also afforded additional employment protection pursuant to N.J.A.C. 4A:4–2.9(d), which provides that “employees returning from military leave shall have an opportunity to take promotional examinations that have not yet been administered, or makeup examinations for active promotional lists for which they were eligible while on military leave. If the eligible [employee] passes the examination, his or her name will be placed on the eligible list, for prospective appointment only, based upon the score obtained, as if the examination had been taken when originally held, except that in the case of certain persons returning from military service, applicable provisions of N.J.A.C. 4A:4-4.6A shall govern placement on an eligible list.” However, an employer can try to “bypass” a veteran’s preference for any legitimate reason based on alleged merit. Cullen, supra. “Valid reasons for a bypass include a preference for a college degree, performance in an interview, character, prior experience, training, and employment references.” Id. Also, the burden of proof lies with the bypassed candidate to show by a preponderance of the evidence that the appointing authority’s bypass decision was motivated by discrimination, retaliation, or other improper motive. See N.J.A.C. 4A21.4(c). Since the recession that hit our country in 2008, the market-place has become
increasingly competitive, which, in turn, has caused many Americans to become desperate, and often ruthless, in their attempts to obtain and keep employment, as well as to gain promotion in that employment. Unfortunately, service in the military does not always protect a law enforcement officer from being targeted for termination, re-assignment to lesser duties, or denial of promotion. Therefore, it is important for law enforcement officers who are also members of the U.S Armed Forces to know all of their employment rights, and the legal protections afforded to them under both state and federal law. Matthew A. Peluso, Esq. is an attorney based in Princeton. He has over 20 years of experience in numerous types of complex litigation, including employment, insurance and business law. Mr. Peluso has successfully represented police officers in employment and contract disputes involving wrongful termination, failure to promote, race, gender and age discrimination, hostile work environment and whistle-blower actions. Mr. Peluso is a graduate of the University of Miami School of Law and George Washington University. He can be reached at: 609-306-2595. His e-mail address is: mpelusoesq@live.com. His experience can be reviewed on Linkedin.com and on his firm website: http://mpelusoesq. webs.com. The opinions expressed by Mr. Peluso in his article are not intended to provide legal advice. Anyone interested should consult a qualified attorney prior to making any significant employment or legal decision.
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technology Part 2 of a 2 part series
Technology of the Future:
Will These Be The Next Department Issued Weapons and Equipment?
By Officer Eddie Molina
L
ast issue we looked at interesting current and future weapons and equipment technology. We saw how the cloaking cloth made wearers virtually invisible, a la Harry Potter Style, and how the million rounds per minute machine gun would change everything when it moves beyond the development phase. Yeah, I know, there’s not a likely law enforcement need for that kind of power. But as law enforcement professionals, we can imagine how we could use that kind of firepower, even just for recreational usage. Last issue, we featured both active items and those that are still in the development phase. This issue we will exclusively feature the weaponry of the future. A large majority of the law enforcement community has a great appreciation for weapons, equipment and law enforcement technology that we work with daily. However, it’s the cutting edge law enforcement technology that always seems to mostly interest officers. At least, for me, it’s always been that way. While conducting this research, I noticed there are several other devices that may or may not ever make it into the law enforcement community, such as the Flybot. Yet, looking back one hundred years ago, who would have thought that the SWAT Bomb Squad would use robots? As a law enforcement professional, I can at least attest to the cool factor of the potential usages of the non-lethal microwave gun. There’s no telling where the future will take us in terms of law enforcement practices. So here are more weapons and equipment of the future. Whether or not law enforcement 28
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Research and images provided by www.Kiplinger.com
will ever have a need for these types of weaponry is irrespective of the reality that they are being developed and at some point in the future they may be utilized.
The Meshworm
This fingertip sized worm-like machine is pretty much what it sounds like: a wormlike machine. It can inch its way around slowly, by pushing itself forward just like a worm. Its main function is intelligence gathering that reports data back to its controllers, such as temperature and audio. Developers at DARPA (Defense Advanced Research Projects Agency) are currently working on recording video as well.
The Microwave Ray Gun aka The Active Denial System
This machine is designed to force sound directly into a person’s head through his skull, not his ears. The eardrum recognizes the microwaves and identifies them as sound and the subject immediately feels pain. No earplugs and walls can deny entry. Small rifle style “ray guns’ are under development and could be quite handy for police departments nationwide. These rifles would replace non-lethal rubber pellets with “sound bullets.”
Space Based Laser
International agreements ban developed nations from militarizing space, but that certainly doesn’t mean they are going to
prevent the technology from being developed. There are space weapons, in the developmental phase, which will, one day, be able to beam a laser from outerspace and destroy any given target. Researchers are working alongside developers at MIT and defense contractors such as Lockheed Martin. You’d have to be quite creative to find a law enforcement need for a weapon such as this but, hey, you never know.
Flybot
Flybot is another intelligence gathering device robot. It is only the size of a lightning bug and mimics its movement. This item would come in handy in situations that are either too dangerous for officers to enter or situations that involve acts of terror where toxic elements may exist. Future versions of the Flybot are being developed to include solar power cells to increase its flight time.
Advanced Hyper Sonic Weapon
The United States government, along with other developed countries, is still seeking ways to develop weapons that can travel great distances in a short amount of time. According to Tariq Malik of Space.com, “Hypersonic flight is typically defined as traveling at speeds of at Mach 5, five times the speed of sound, or above. At sea level, the speed of sound is about 762 mph (1,226 km/h).” The U.S. has been successful in (Continued on page 48) To Advertise Call: 201.943.3800
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Mentoring By Lt. Joseph Pangaro (Ret.)
I
n recent columns, I have referred to the great cops who mentored me – the ones who took me under their wing so to speak. These cops showed me the ropes of police work as well as the rules and navigation of the job. I am forever grateful to these men and women for giving that gift to me.
Every leadership article I have written often receives numerous e-mails from readers at every level of an organization. I am amazed at how hard this topic hits people. Their feedback demonstrates many leaders are lacking in some areas of leadership and can benefit from adjustments and improvements.
As I moved through my career and attained various advanced leadership positions, I always kept in mind the people who helped me. As homage to them, I actively sought to mentor and teach new cops.
But unfortunately many people in leadership positions are not always openminded. Some do not acknowledge their leadership weaknesses and often are concerned with other things besides making their people succeed. Many of these leaders are concerned with the power of their position, or their power over subordinates.
There is a great sense of satisfaction when seeing people do well, especially if you were part of their success. Even to this day, when I learn about one of the officers I worked with succeeding, I find myself smiling and happy for his achievements. A mentoring process should be developed in all areas of the workforce and in life as well. Passing on knowledge and experiences, both good and bad, is a valuable tool that we should all strive to provide to those who come after us. When we engage in genuine mentoring by caring about other people’s development, we become part of the solution. If you recognize a theme in my leadership philosophy (as evidenced by the articles I write on the topic), you will see that caring about the people we lead is a dominant part of the process. I have always believed in the “Servant Leadership” style and its concepts, which basically means that the higher you go in any organization, the more you owe to those lower on the chain. Being a leader is not about self-aggrandizement. It’s about empowering those you lead. 30
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Some common traits this type of leader demonstrates are clear and run across every sector of endeavor: small mindedness, no vision, self-righteousness, vindictive, petty, jealous, they act like a bully to overcome their own sense of incompetence, and they feel threatened by those who have skill-sets they do not possess. There are many more examples of negative personal leadership traits. So why are those chosen to lead not infused with good leadership concepts and theories before acquiring the positions? Wouldn’t it make sense to send these people to a leadership course before they begin and then hold them accountable for their actions, positive or negative as they move forward? It would seem that any organization, business, or group would see the value in this process. Promoting a leader that is miserable to work for or incompetent just because they are the “next” in line or are
part of the favored ones, simply damages the organization. There is a way to prevent some of these negative leadership missteps. A solid mentoring program would go a long way. Of course, to begin the organizational leadership would need to be insightful, courageous and visionary. They need to understand the value of mentoring subordinates. To start, all law enforcement organizations must have core values: honor, integrity, valor, honesty, fairness and justice. These are also core components of the mission of police officers. When you compare these values to your leadership position candidates, their track record should be used as a barometer to assess how they would deal with other people. The same is true for any other organization. Determining your core values as a group goes a long way to helping shape your agency and selecting who will lead it. Mentoring involves creating an atmosphere of care and concern for all the members of the organization, their growth, and wellbeing. Next you have to value these things above all else because this will shape the culture of your organization. Some of the most successful organizations (no matter what they do or produce) understand that mentoring is a major part of their success. They also set behavioral guidelines for everyone in the agency, including the leadership, and are all held to that standard. The rules for leaders and subordinates are the same. This promotes fairness and justice.
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When leaders are selected, they should be those who are worthy of the position. This is often the hardest part for any organization, but it is changing. Lawsuits and other factors are changing the culture of many places (think of sexual harassment in the workplace). It still exists, but to a lesser degree than in the past because of court actions and cultural understandings in many organizations which have promoted awareness. No matter what the impetus of change is, it is changing. We should be ahead of the curve. Bub Kovacs, a great leader, once offered these words of wisdom: “Stick your head up and look around, figure out what’s going on and lead the change.” Enacting a mentoring program, clearly defining your core beliefs and living by them is a positive way to improve any organization. It will
lead to a more productive, happy and fulfilled work environment. It’s worth a shot. Lt. Joseph Pangaro retired after serving 27 years in law enforcement in a police department in Monmouth County, New Jersey. Pangaro is a graduate of the Certified Public Managers Pro-gram (CPM) through Fairleigh-Dickenson University and served his department as the Lead Training Officer. He also writes a weekly newspaper column dedicated to helping his readers understand the rigors and joys of a career in law enforcement. Joseph Pangaro is the CEO and President of Pangaro Management and Training and Management and Pangaro Global Training, an online training company. Email Lt. Pangaro @JPangaro194@yahoo.com or Twitter: @Pangarotraining
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Complex Adaptive Systems a Tactical Solution By P.O. Jay Martinez, Deputy SWAT Commander, Certified Tactical and Academy Instructor
L
ately, there has been a nationwide media storm unleashed on police. This flood of attention is enough for us as a law enforcement community to pay attention. We are now more than ever being placed under the proverbial microscope. By now we all are aware of what has occurred in the small town of Ferguson, Missouri. After the grand jury’s decision not to indict the police officer, opportunists had demolished the business district and left the infrastructure in ruins. It will take decades for Ferguson to recover. Collectively speaking, as millions of law enforcement officers watched the destruction and criminal acts, our coretemperature rose enough to spark a sense of irritability. Why? In the wake of the riots, there are many questions on my mind. Why didn’t the Missouri governor take precautionary measures to protect the property and businesses of hard-working honest citizens? Especially when he had the relief team and National Guard in his bullpen, all he had to do was to signal for them. Why were people so dissatisfied with the grand jury’s no indictment decision? Doesn’t fact and credible evidence mean anything? Why were people so hell-bent on gouging the Ferguson community by fire bombing government vehicles, looting businesses and burning them to the ground? From the left coast to the big apple people seemed to be frustrated. It doesn’t take an anthropologist to figure out that this entire social disharmony is creating a wedge between the police and some of the citizens we serve.
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Ferguson Officer Darren Wilson, through his attorney, submitted a resignation letter. Wilson wrote, “It was my hope to continue in police work, but the safety of other police officers and the community are of paramount importance to me. It is my hope that my resignation will allow the community to heal.” The battle cry that many of the peaceful protesters adopted seemed to be at the core of their frustrations and the topic of my focus in this article: “hands up-don’t shoot.” As an experienced law enforcement trainer my objective is to bring a refreshing light and a strong sense of purpose to all officers who participate in Use of Force Policy training, I want officers to completely understand why the Use of Force training is so important. Ambiguity and misconstruing the facts cannot be accepted once an officer has left the classroom. Questions need to be asked and answered with clarity and precision. Furthermore, experienced trainers need to rely on establishing scenarios for the inexperienced sect of officers who have not had the privilege of experiencing it for themselves. My experience as a trainer has led me to understand that it is vital for trainers to construct environments to avoid confusion. Also it is imperative for trainers to implement certain factors such as control freak factor to their training. Police officers like to slow things down in order to counter attacks (known as the control freak factor). But, what if we cannot alter or control the ferocity of the impending attack? Then the sequential training step is referred to as training tempo. Through my military experience I was exposed to full scale, live training
operations such as: CAX (combined arm exercise, mostly in desert terrain) and Blue Green Operations (Naval, Marine and Army exercises). These operations involved thousands of troops for the extent of an entire month. The take away was a month long training experience that through its sheer design had virtually re-constructed a real combat experience. Combat readiness is developed and primed in this manner. Several years ago I attended a phenomenal two-day training course on developing combat shooters instead of target shooters, vast difference between the both. As the instructors spoke, they uttered a vitally important message to the class full of firearms instructors. “The shooting experience is the single most traumatic experience in the life of any officer.” The question is, how do we prepare them for this horrific occurrence? I have dedicated a whole chapter on this subject in my soon to be released training book. We realize that we must account for so many variables when dealing with a viable threat to our safety, such as: 4 Armed or unarmed 4 An officer’s conditioning, size, proficiency, ability to work through stress 4 Daylight or lowlight conditions 4 Distance between the threat and the officer 4 Factors that led to the confrontation between the subject and the officer 4 Nature of the incident 4 Whether the subject was under influence and their specific mindset 4 Officer’s ability to strategize, movement or maximizing cover 4 Experience To Advertise Call: 201.943.3800
The FBI national shooting statistics: 4 5-7 yards and closing 4 3 rounds 4 3 seconds (since action beats reaction, the responsible training measure would be to expose mental chronometry to this equation) which leaves us 2.4 seconds to engage a threat that is most likely closing the distance. Sophisticated and educated decisionmaking needs to be part of any officer’s response in the field. In the book Blink, psychologist Malcolm Gladwell places it all in simple, elementary terms for us to comprehend. But, it’s not as easy as some
make it out to be. Through my continued training efforts I have confronted solutions to enhance a student’s total comprehension. Complex adaptive systems are a ‘complex macroscopic collection’ of relatively similar and partially connected micro-structures’ – formed in order to adapt to the changing environment, and increase its survivability as a macro-structure. Science aiding officers understand this very complex issue of their specific and personal conditioned response to a viable threat is what complex adaptive systems have taught me. We become the best formula for the success of that tactical response; the key is the training that the officer is exposed to.
blue HumoR
Seasons Greetings!
By Michael Vivino
If the last couple of paragraphs sound a bit confusing, then I have made my point. Winning in a tactical engagement is never easy, never routine; it’s a highly conditioned response that takes hours of precise training. The mighty combination is highly experienced and committed instructors who see the whole picture and remain focused with their finger on the pulse, coupled with bull-headed officers who are willing to put in the sweat and the work. I would like to personally commend all of those law enforcement officers who diligently kept the peace on the streets of our great nation as thousands of citizens protested peacefully and otherwise. Stay safe and never stop training, Ooo-rah! Written by Jay Martinez, Husband-Dad, Cop and former Recon Marine. Look out for Warning Order LLC; we will be conducting dual training courses in Essex County, NJ, “Tactical Operational Planning & Body language,” preindicators of violence. www. warningorder.net
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The 21st Annual Liturgy Blue Mass for Law Enforcement was held at the Cathedral Basilica of the Sacred Heart in Newark in memory of Police Officers Melvin Santiago of the Jersey City Police Department, Christopher Goodell of the Waldwick Police
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Department and Reinaldo Arocha, Jr. of the Newark Police Department. Also remembered were Sheriff Ralph Froehlich and Thomas Edward Durkin, Jr., Esquire, one of the original founders of the Blue Mass. Photo credits: Vincent D’Amico
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blue events The Bronze Shields of Passaic County Networking Forum November 20, 2014 The Bronze Shields of Passaic County held a Networking Forum in Garfield that included a diverse panel discussion, law enforcement officers, fraternal organizations and community members. President Sgt. Dalton Price and his executive board organized this forum. The Bronze Shields of Passaic County members
Technology of the Future (Continued from page 28)
launching test flights but the technology is far from perfect, as was the case in August of 2014 after a failed launch out of Alaska. Finding a law enforcement objective that would require this type of weaponry is certainly not in our immediate future, but it’s still worth mentioning. So these are some of the more interesting future weaponry that I found during my research. Microwave guns and space
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lasers all sound interesting but finding a law enforcement need for them is quite challenging. But as law enforcement professionals, we generally find weapons and equipment fascinating, especially futuristic science fiction style weapons. As I have said, we never know what the future holds in terms of weaponry. As law enforcement professionals, who have an appreciation for weapons, equipment, and
Sgt. Dalton Price with guest panelists
technology, it’s always fascinating to see what’s in the pipeline. Writer Eddie Molina is an Officer with the NJ Department of Corrections and an Officer with the NJ Army National Guard. He specializes in Organizational Leadership and blogs about it at www.Leadlikeahero.com.
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Officer Walwyn W. Stuart, Jr. on January 19, 2001 from the police academy’s 100th class. Shortly thereafter he began working at the PATH.
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alwyn W. Stuart Jr. was born and raised in Brooklyn, New York. He was one of seven children born to Doris and Walwyn Stuart Sr. After graduating from George Westinghouse High School, Walwyn attended Stonybrook University for approximately two years, majoring in engineering. He played college baseball and was the co-founder of the chess club and treasurer of the gospel choir. Although thriving in college, he yearned for public service in law enforcement. In 1993, Walwyn Stuart joined the New York City Police Department and was assigned to the 88th Precinct. Upon his promotion to detective, he was assigned as an undercover narcotics investigator and was honored with three NYPD Excellent Police Duty medals for felony robbery arrests and vehicle traffic law violations. On August 7, 2000, he was appointed to the Port Authority Police and graduated
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Walwyn was honest, dependable, trustworthy, vivacious and humble and had tremendous team spirit and impeccable moral character. He sacrificed his time for others and had a relentless desire to excel. This drive for excellence enabled him to work effectively and efficiently with others while providing the highest level of service. He was a staunch family man and resided in Valley Stream with his wife Thelma and daughter, Amanda. Walwyn was an outstanding member of his community and served in several ministries at his local church, the Brooklyn Tabernacle
If you would like to honor a brother or sister in BLUE who lost their life on the job or retired, please submit your story to: njbluenow@gmail.com 48
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