MPD Authorization of Agency Regulations

Authorization of Agency (AoA) is a pair of processes at Memphis Police Department and the DA’s office, which are designed to circumvent provisions in the Tennessee criminal trespass law, TCA § 39-14-405.  AoA is designed to enhance public safety by controlling unwanted citizens who access private business property.

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An Authorization of Agency form MPD AA 0306, part of the City Blacklist as received by the Media via FOIA.

We have written extensively about one AoA process, the MPD’s form AA 0306, which is summarized in the most recent blog.   We provide links to our blogs and other documents at the end of this piece.  We have not previously written about the second process, which is based on signage located mostly in apartment complexes, but we describe the second process here.

We recently discovered, via Open Records Request, the regulatory device used by MPD for AoA.   It is section 52 of the Uniform Patrol Station Standard Operating Procedure, page 35.  

Uniform Patrol Station SOP AoA Regulations

We provide the text of the FOIA we received from MPD below, with section headers inserted by us.  It is the Uniform Patrol Station Standard Operating Procedure.

AoA UPSSOP Section 1: Definition of AoA

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AoA UPSSOP Section 2: Advising the Target of AoA

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Graphic: Pixabay.com

AoA UPSSOP Section 3: LEO Witness and Complainant signature

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AoA UPSSOP Section 4:  Filing of AoA

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AoA UPSSOP Section 5: AoA Verification for Arrest

 

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AoA UPSSOP Section 6: Arrests and File maintenance

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AoA UPSSOP Section 7: Appendices, omitted from FOIA.

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About the AoA SOP.

We see numerous problems with the current implementation of AoA.  As examples, section 1 confines AoA complainants to businesses only, and there were 112 AoAs (6.6%) for residence owners who were private individuals in our 2018 FOIA.

In section 2, the business owner must advise the AoA target, in the presence of an MPD witness, of the imposition of AoA.   There is one alternative procedure provided involving the posting of a notarized affidavit.   We received notification, in response to a FOIA request, that there are no such affidavits on file at MPD.

In Section 3, the business owner and the witnessing officer must sign and complete the AoA form at the local police station.  The combination of sections 2 and 3 require one three-way meeting which must include the AoA target, which can be anywhere but is assumed to be at the alleged trespass location, and a second meeting and filing which must include the complainant and the original witnessing police officer, and must take place at the local MPD precinct.

We have an email from MPD Colonel Worthy, commander of Ridgeway precinct, emphasizing this inflexible procedure.

“Sir, you will have to give the a verbal order to the individual to not be on the property in the presence of an officer. Then we can fill out the form. You have to have the name of the officer and his IBM number. Then the form is to be completed at the station. If the form is completed before that step it is not valid…”

Of the 45 cases we have sampled, this procedure was not followed in a single instance.   We are following up on interviewing additional AoA targeted individuals.

Section 3 also lists a number of data points which must be on the AoA.   The majority of the 2,200 AoAs we have seen do not have all these data points, or the officers IBM# as required in the Colonel’s email.

The SOP contains numerous other requirements which are not followed, among them the requirement for annual purging of year-old AoAs.   When we obtained 1677 AoAs via FOIA in mid-2018 with readable dates, 358 of them (6.6%) were dated 2016 or earlier and must have been more than a year old, and the 584 FOIAs for 2017 looked like the entire year’s worth of FOIAs.

We also have an email interchange between an attorney for an AoA targetted individual, from February 2017, who had to escalate to Bruce McMullen, City Attorney and City PR Ursula Madden in order to get an erroneous AoA removed.   The procedure in the UPSSOP for correcting erroneous AoAs was apparently not applied or did not work, possibly because no-one was aware the procedure existed.  This AoA target had to pay an attorney for redress, something not available to everyone.

In summary, it looks like the majority of AoAs on file are invalid because of defective procedures, and we would not be surprised if every AoA on file is defective in some way.

The other type of Authorization of Agency

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Authorization of Agency No-Trespass Notice.  Photo Shelby Co. DA.

The MPD AoA form AA0306 is clearly labeled Authorization of Agency and this matches the verbiage in the UPSSOP.   The DA’s office frequently refers to another AoA mechanism.   This is manifested in the form of signs frequently posted in apartment complexes, which state that the property is posted against trespass by anyone who is not a tenant or their guest. Here’s a Youtube video of Amy Weirich (2:46 minutes) describing these signs as AoA and conflating with the AA0306 forms.

These signs purport to allow the police to arrest an alleged offender without the notice required in the Tennessee criminal trespass law, TCA § 39-14-405.

In order for a premises to be posted under TCA § 39-14-405, the property must be entered in the No Trespass Public Notice List at the Tennessee Secretary of State.  We have viewed this page repeatedly between 2017 and the date of writing, 12/1/2019, and have never seen a Memphis address posted in this database.  Therefore we assume that all these AoA no trespass signs contravene the State trespass law and are invalid.

We have not yet received data on the use of both flavors of AoA in actual trespass arrests, but we are told, anecdotally, that hundreds of such arrests have been seen, and will post that information when we receive it.

Why was AoA under the radar for ten years?

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Secret police processes, The Watchmen.  Photo: Tvseriesfinale.com

We could find no public mention of AoA between 2007, when a blogger mentioned it, to 2017 when our FOIA produced the City blacklist, including 43 people on AoAs.   We believe, anecdotally, that hundreds of trespass arrests were made, using both forms of AoA.

Only a small population knew about AoA, the AoA complainants, people to whom AoA had been marketed as possible complainants, some of the AoA targets, some MPD police, of which less than 10% actually created AoA forms, prosecutors and public defenders.

When you have secret police processes, you get secret police.

Public Defenders and AoA.

There are about 45 politically targeted individuals, who generally had private attorneys when they interacted with the criminal justice system.

All other instances of arrest for trespass with either flavor of AoA that we know of went through the Public Defender’s office.    Sadly, the combined actions of the DA’s office and MPD have severely hampered the PD’s ability to defend AoA arrests.

PD’s workflow for AoA arrests.

Bear with us as we outline the PD’s workflow.   When a person is arrested for criminal trespass, they are brought to 201 Poplar or Jail East and booked.   Some time afterwards, during bankers’ hours, the defendant will be arraigned.  At that time, if the defendant does not have funds for a lawyer, a public defender is appointed.   The PD receives the jacket, containing various documents, including an affidavit of complaint and an arrest ticket from MPD, a bond recommendation, criminal history and others.

At this point, the PD may see a small photograph of the AoA document on the affidavit of complaint, which is reproduced at quarter size and can’t be read.   So the PD knows there’s an AoA or a posted location but can’t see details.  In order to get the AoA form, the PD would have to walk the couple of blocks to MPD HQ at 170 N. Main, go through security and wait at the public records counter on the 7th floor.   PDs, who often have up to thirty cases per day, are limited to three police records per day.  Restrictions on the data practically available to PDs has been progressively tightened over the years, not least when the MPD records counter moved from 201 Poplar to North Main.

If the PD is to take 45 minutes from their busy schedule, they’ll probably wait until the end of the day and do all the day’s AoAs together.   There is not enough time in the day to get MPD records for every case.   In most cases, as the defendant probably needs to be released to get to work, cases are settled for time served awaiting trial before the end of the day.   First time defendants often accept a misdemeanor record to get back to their daily schedule.   This is a problem if they get arrested again, as the trespass offense is taken into account when bail, diversion and sentence recommendations are decided.   This is a slippery slope into a possible criminal career.  AoA is a gateway into mass incarceration for many.

Hopefully PDs can use some of the information here to question the imposition of AoA in more cases.   In the meantime, considering the workload on PDs, it is not surprising that they did not investigate and publicize the nature of AoA while it was under the radar.

Our current interest in AoA stemmed from its use in the City blacklist and the information we developed required hundreds of hours of research.   Without the publicity generated by the Blacklist and the ensuing ACLU court case, the public might still be in the dark about AoA.

Summary

AoA has been an almost secret police process at MPD and the DA’s office since at least 2007.   It has the appearance of having been heavily marketed by various public safety interests in the interim, resulting in heavy usage.

The availability of this secret tool was apparently attractive to the City, MPD and the Zoo when they desired to punish and harass political activists, after which law enforcement lost the advantage of this secret police process.

We believe that the 2,200 AoA targets include about 45 political actors and over 2,100 regular folks, who generally have been unable to mount a criminal defense against the numerous irregularities we outline here.

We are appending a links section as a resource.   Anybody who is on an AoA, who has been notified they are not allowed at a certain location, or who has been arrested for criminal trespass where “authorization of agency”, AoA, no trespass signage, or “being on a list” should contact us.    We will share your information with some attorneys we are working with, but with otherwise keep your information completely confidential and protected.   You can also use our confidential contact option if you have AoA information but wish to be anonymous.

AoA Resource Links

All the information here is publicly available.

On our FTP server.

http://www.fnolan.com/A/A-List.pdf:  A-list containing FOIA with, 43 political AoAs.

http://www.fnolan.com/AOA/files/AoA_analysis_spreadsheet_links_20180911_v02.xlsx:  Indexed spreadsheet with about 1700 AoAs.

http://www.fnolan.com/AOA/ Directory listing for the raw files in the above spreadsheet.

http://www.fnolan.com/AO2/Publ_AoAs_20191010.xlsx:  Indexed spreadsheet with 473 additional AoAs received in 2019

http://www.fnolan.com/AO2/ Directory listing for the raw files in the above spreadsheet.

Lagniappe

Finally, Shelby Co. Sheriff’s Office has announced it will shortly be starting its own AoA process.

Blogs.

Some of the information in the earlier blogs is inaccurate and was corrected in later blogs.  E.g. I wrote that there was no MPD P&P for AoA in 2018, now we know from the current article that it is covered in UPSSOP.

https://memphistruth.org/2019/10/11/authorization-of-agency-update/ Blog about the recent 473 AoAs obtained in 2019.

https://memphistruth.org/2018/09/06/authorization-of-agency-mpd-invention/ Blog with the 1690+ AoAs obtained in the 2018 FOIA.

https://memphistruth.org/2018/09/11/authorization-of-agency-initial-analysis/ Additional analysis of the 2018 FOIA.

https://memphistruth.org/2018/02/26/blacklists-from-a-to-z-new-zoo-z-list/  Hunter Demster and Fergus Nolan receive an AoA at the Zoo.

https://memphistruth.org/2019/07/30/dan-rosson-placed-on-aoa-by-city/  Dan Rosson, animal rights activist, placed on AoA at Memphis Animal Shelter.

https://memphistruth.org/2019/07/26/rodney-fisher-fired-by-mpd-via-aoa/ Rodney Fisher takes video of ab MPD cop informing him he is on an AoA at his job at NIKE.

https://www.facebook.com/100005058287008/videos/1256158231229441/  Rodney’s video.

https://memphistruth.org/2017/02/08/mpd-has-activist-list/  A-list breaking news with 43 political AoAs.

http://www.paulryburn.com/blog/2007/07/18/authorization-of-agency/  2007 first public AoA mention by blogger Paul Ryburn in 2007.

Other

Various public sites and reference material

TCA 39-14-405:  Tennessee Criminal Trespass Law

No Trespass Public Notice List at Tennessee Secretary of State

MPD Policy and Procedures Manual

DA’s Anti-Trespassing Program

Safeways Apartment AoA scheme.

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— concluded —

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MPD ignores Monitor, abuses woman

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Maureen Spain

Maureen Spain is a busy soccer mom and a nurse who finds time to engage in local issues.   We encountered Ms Spain several times before.   She was arrested at the Greensward on Memorial Day 2016, by Richard Rouse who was looking for brownie points for promotion to sergeant.   The day following her arrest, she was placed on an Authorization of Agency by the vengeful Zoo, even though she had not set foot on Zoo property that day. She took the case of her arrest to CLERB.

Ms Spain was recently detained, cuffed, physically abused and transported by cops who told her, during the abuse session, that they “love the Zoo”.    We have full details of this incident, but first some background.

Maureen_AoAWe previously documented the City’s use of AoA as a tool for political harassment.  Among the over 2100 MPD victims of this irregular procedure, we highlighted five AoAs which were clearly part of ongoing political harassment at MPD, continued brazenly even while the Court Monitor is examining such issues.   The most recent political AoA was Rodney Fisher’s from July 25th 2019, well after Monitor’s appointment.

* Author’s note:  I was arrested with Ms. Spain and am also named on the same AoAs as she.

Authorization of Agency as political harassment

Ms. Spain has the distinction of being on the first political AoA that we know about.  She was also on the AoA for the December 19th 2016 die-in protest at the Mayor’s house, which resulted in the City Blacklist.   More than forty people were on this AoA, even though it was well known that no more than a dozen people participated in the Die-In.   The majority of those blacklisted were there as political opponents of Mayor Strickland’s regime.    The abuse of AoAs continued with another Zoo AoA, Dan Rosson’s at Memphis Animal Shelter and the aforementioned Rodney Fisher AoA with video.

We have documented AoA as a means of harassing those suffering lack of housing and other disenfranchised citizens.   AoA remained unreported for at least ten years before its 2017 exposure with the City Blacklist.   AoA as a secret police weapon seemed ideal when the City was mulling retaliation against the Greensward prisoners, so it is not surprising that MPD would add it to its arsenal of unconstitutional attack tools.

AoA is not the only harassment method used by MPD.  Hunter Demster, Antonio Blair,  Keedran Franklin and many others have been surveilled or arrested in recent years.   Ms Spain herself, with numerous other activists, was featured in Joint Intelligence Bulletins as documented in the Kendrick trial documents.

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Joint Intelligence Bulletin from Kendrick trial documents.  The “reliable source” was Bob Smith

Ms Spain, whose most recent political involvement was “just a day in the park”, was dialed in to Detective Tim Reynold’s paranoid conspiracy theory centered on Saul Alinsky’s book.   This is part of a pattern of harassment which continued from May 2016 to August 2019,  even while the Court Monitor was watching.

 

August 30th 2019 at Paradiso Cinema

On August 30th, Maureen Spain organized a birthday outing for her son and some of his early teen friends.   She had a slight buzz on from a two glasses of wine earlier that day, and used a rideshare instead of driving to the Paradiso.   At the theater, after a discussion with staff over their policy of not allowing children access to the movie, security guard Ray Daughtry dialed 911 and at least seven MPD officers responded:  David Osborne, Martin Nolan, Lenette Otis, James Dolan, Chase Bates, Breana Johnson and Ryan Walker.   Osborne and Nolan identified themselves to Ms Spain and the others are listed in the 911 Call Log (PDF) of the event.   Audio of the 911 call is here. (WAV file).

According to the 911 log Ms Spain was detained at 8:28 PM, placed in custody at 8:51 PM, and she was transported at 9:25.   As Ms Spain was never arrested, she was detained, cuffed and locked in the back of a cruiser at the Paradiso for a total of 57 minutes, and a further thirteen minutes while being transported.  Normal police procedures require that detention at a location should be resolved within “about” 20 minutes, by release, transportation for further detention or arrest.

Ms Spain wrote a first-person account (PDF) of the incident.

Cuffed in the Cruiser.

Ms Spain was jumped by Malco Paradiso security guard Ray Daughtry, who detained her and handcuffed one wrist.  Officers Nolan and Osborne made the scene, placed handcuffs on Ms. Spain very tightly behind her back and sat her in the back of their cruiser.   MPD’s Peerless-brand police handcuffs have a pawl and ratchet mechanism which allows the cuffs to get tighter with movement, but never looser.   Being forced to sit on a pair of cuffs in an enclosed space in the back of a car is very uncomfortable, and every movement makes the cuffs tighter.   If the police are being nice, they can insert a key and lock the ratchet so that the cuffs stay in place and don’t get tighter.    These cops were not being nice that evening.

The two detaining officers videoed Ms Spain’s writhing in agony and made video of her through the opening in the partition.    At one point, one of the officers said that he “loved the zoo”, tying the incident to the MPD harassment of Ms Spain, which had been ongoing  for more than three years.   At another point, one of the officers offered to loosen her cuffs, but took them off and replaced them even tighter, savagely twisting them and her wrists.

During the 57 minutes of Ms. Spain’s torture, her son and his friends waited on the curb until one of the other parents came to pick them up, so the kids were forced to see their mother’s mistreatment.

Ms Spain Transported.

Maureen Spain was transported at 9:29 and arrived at the MMHI Crisis Center at 9.42.  The transporting officers were given as Lenette Otis, Chase Bates and James Dolan.  She was finally uncuffed at 9:52 and released from the Crisis Center after a couple of hours.    Although the 911 log ends with an indicated arrest, she was never charged in relation to the incident and no court records were filed.

As Ms Spain had previously been targeted as a political figure, the investigation was one likely to result in political intelligence being revealed, but we do not believe that the detaining officers had permission from the Police Director to conduct this investigation.

Maureen Spain’s injuries.

The above photos show bruising on Maureen Spain’s shoulder area and fingerprint bruises on her upper right arm, and her wrist swollen, welted, bruised and abraded by the handcuffs.  Photos taken Sept 1st 2019.

20190904_105054She also had a very large bruise on her upper arm, which came up later, this photo taken on Sept 4th.

Ms. Spain also suffered nerve damage to her hands and wrists.

 

 

 

 

 

 

 

 

 

–concluded–

 

 

 

 

 

Jason White framed in Bartlett Meth Case

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Jason White

Jason White was sentenced to 21 years in 1999 for a burglary when he was 18 years old, and, in 2017, was serving the last year of his sentence.

Jason Lamar White was indicted in April, 2016, by the Shelby County grand jury for conspiracy to distribute methamphetamine along with his girlfriend, Kristina Cole.   Another Riverbend inmate, Montez Mullins, was added to the indictment a year later.

The case was discussed by The Post and Email, on 10/11/2017, 10/17/2017 and 11/16/2017. These posts include case documentation, an interview with Jason’s mother, Kimberly White and extensive phone follow-up by the Post and Email’s Sharon Rondeau.

Montez Mullins.

In Februry 2016, Montez Mullins admitted to Cole’s first attorney, Mark McDaniel, that he had arranged for the shipment of the contraband package.

Fox 13 News reported: “According to the DA’s Office, Mullins said Cole and White knew nothing about the drug delivery. He claimed a Hispanic man he met in prison gave him an address as a good place to deliver drugs in the Memphis area.

Mullins also said he told Cole that the FedEx package contained jewelry intended for his mother, according to investigators”.

Kristina Cole

Kristina Cole is a mother of three who was 43 at the time of her arrest in February 2016.   Her previous record was pristine.    She is Jason White’s girlfriend.

The Package.

fedex_label004.jpgThe package in this case contained about a pound of crystal methamphetamine and some baby clothes.  It was presented to FedEx as shipment number 808857073374 at a FedEx retail outlet in Visalia, California.  FedEx opened the package and called Detective Collins, who took custody of the package.

The original FedEx label was given in evidence, and  the address, on the  label is  2552 Linwood Road, Bartlett, TN 38134.  It is marked for “Standard Overnight” service, which is FedEx’s next afternoon service.    The label is in the customary format produced by FedEx’s shipping software.

Package was Intercepted.

Detective Collins picked up the package, contacted the Bartlett police, overpacked it in a UPS box and sent it to Bartlett Police Department.    There, Detective Mark Gaia obtained a search warrant for a different address than was on the original FedEx label.   He used 2552 Jenwood Street, Kristina Cole’s address.

Bartlett detectives then relabeled the package with Cole’s address.

This is confirmed in White’s appeal.

Defects in the Package Chain of Custody

Detective Collins did not testify and so could not be questioned on the origination of the package.

Delivery of the Package.

The package was left on Cole’s porch and the search warrant served after Cole took it in.   The package was found unopened inside the front door and a number of electronic items confiscated in the search, including Kristina Cole’s phones and laptop.

The planted text messages.

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Kristina Cole

The prosecution later asserted that Kristina Cole sent Jason White a text message confirming the arrival of the shipment.   The text messages on her phone were created during the time she was in custody at the Bartlett police station.

From the Post and Email documents, the record of arrest on page 8 shows an arrest time of 3:30 PM.   On page 11, the phone text log shows the “incriminating” text messages going out between 3:38 PM and 4:26 PM.   By that time Kristin Cole and her phones were in custody.

Detective Gaia admitted on the stand, under cross examination by Cole’s attorney, Kortney Simmons, at trial, that he had sent at least some of those text messages.

In addition, the destination of the text messages, (615) 917-3749 was never proven to be a contraband cell phone in the possession of Jason White.   Currently (on 4/15/2019) the number gives an “unavailable” signal.  “A TDOC officer claimed that he saw (Jason) flush a phone in prison, but he showed no evidence during the trial to connect Jason White to the number”.  This is confirmed in White’s appeal.

The TDOC officer in question was later fired for bringing contraband phones into the prison.

Chris Scruggs

Chris Scruggs, the prosecutor, lied during the trial, alleging that he had not heard of Montez Mullins’ involvement in the case until “this year” (2017), even though Cole’s then attorney, Mark McDaniels,  who had talked to Chris Scruggs and told him about Montez Mullins at the discovery point after she was arrested in February 2016.

Scruggs is one of the problem ADAs we have encountered.    He is one of the defendants in April Malone and Celitria Watson’s federal suit alleging that Scruggs participated in the alteration of wiretap evidence and in hiding exculpatory evidence from the defense.   He also recused himself from Thorne Peters’ case after fictional evidence of weed found in the cruiser which transported was added to the case documents more than four months after the arrest.

Scruggs is second only to Amy Weirich herself on MemphisTruth.org’s list of problem prosecutors.

Judge Robert Carter presided over the trial.

Defense Counsel issues.

The defendants had issues with their counsel.
Attorney Claiborne Ferguson, White’s attorney complained that Jason White assaulted him at 201 Poplar on 7/10/2017.   The incident report is in the Post and Email documents, on pages 2 through 14.   The reporting officer said that no-one saw White choking Ferguson, as he had alleged, his clothing was undisturbed and there were not marks of violence.   Deputies concluded that no assault had taken place.    White had just informed Ferguson that he was firing him as attorney.   This is confirmed in White’s appeal.

White attempted to have Ferguson removed as counsel, and act pro-se but the judge would not allow it.   The constitutional right of a defendant to defend himself was violated.  White eventually fired Ferguson at sentencing time.    White’s previous attorneys were Blake Ballon, and Jeff Mueller.

Kristina Cole hired first Mark McDaniel and then Michael Scholls, fired them both and reported them to the Board of Professional Responsibility.    She went to court with Kortney Simmons, hired from Jackson because she could not find a local attorney to take the case.

Other Prosecutorial Midconduct

Prosecutors are not allowed to make derogatory remarks or epithets about defendants at trial.   During Cole’s trial, Chris Scruggs said that Kristina looked like “a pig for the Junk Yard Dog”.    This was a reference to the prison gang, the Junk Yard Dogs, of which Jason White was a leading member in Riverbend prison.

The prison gang was led by Charles Thompson who appeared in our Jobs for Cash story.

Scruggs also referred to Kristina and White as “Bonnie and Clyde” during the trial.

The Verdicts

Kristina Cole was found guilty and given 13 ½ years.

Jason White was found guilty and given a 60 year additional sentence.    He will be over 90 if he is released.

Montez Mullins was found guilty and given 40 years.

Post Conviction

Jason White’s appeal was turned down in February 2019.
Kristina Cole and Montez Mullins’ appeal was turned down in November 2018.

— concluded —

 

 

Authorization of Agency: Initial analysis

In our most recent post, we revealed the extent of MPD’s Authorization of Agency (AoA) program, inspired by Memphis Shelby County Crime Commission (MSCCC).

We did some preliminary analysis of the data and there are updated spreadsheets (CSV, ODS, XLSX).  The update includes some address corrections and the addition of a business category field.

AOA_bar_chart
Analysis of AoAs by race

We saw the racial disparity in the initial AoA post.  The profiling nature of the scheme, with seven times (84.9% vs 12.3%) the number of Black versus white victims of AoA is confirmed.

 

 

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Analysis of AoAs by year

We broke down AoAs by the year the initial AoA was signed.   2018 is low because only half a year of data was collected.   Years 211 through 2016 are incomplete because we asked in our FOIA for all AoAs between December 1st 216 and July 9th 2018.  All precincts but one simply sent all their AoA data rather than selecting the data range we asked for.   In addition, we noted many AoAs which were signed on a given date and had additional lines added over the same signature and date later.  We have not quantified this factor as of yet but we think it will skew a couple of percent of the dates earlier.

Adj_AoA_year
AoAs by year adjusted for undercount in 2016 and earlier, and for the 2018 half year

We adjusted the yearly graph by doubling up the 2018 number to estimate a full year, and we added 15% to 2016 and earlier to account for the number of AoAs missing in our sample.

The graphs look similar.  From small beginnings in 2011, the scheme grew to about 240 in 2014, then took a big jump to 665 in 2016 and plateaued out to around 600 each in 2017-2018.

We need to look for the impetus behind the 2014 and 2016 bumps.   Most likely, some form of marketing or promotional assets were assigned to the program to cause these bumps.  We’ll also submit another ORR to obtain the missing data.

AoA_by_cat

We created a new field in the spreadsheet for business category and ran this report.  The biggest category is apartment, which also includes mobile home parks, condos, retirement communities and townhouses.

The dominance of this sector may be the result of “Operation Safeway” which had a focus on apartment managers.   The majority of these had a just a few AoAs, but complexes like Greenbrier with 48 AoAs and a dozen or so with double digits stand out.    Clearly a number of apartment managements embraced the scheme enthusiastically.

The retail sector is largely a handful of AoAs in each store.   All branches of chain stores are included.   Three chains of dollar stores (Family Dollar, Dollar General, and Dollar Tree) had a total of 38 AoAs, which probably reflects the dollar stores’ well known skimping on security staff.   Other chains with large numbers includes Walgreens with 24 and Kroger with 17.   Otherwise, few retailers had more than three or four per location.

We think that, like with the apartment sector, that the heavy retail users had an internal policy to use AoA while the light users were probably recruited by police.

The food sector includes all vendors of prepared food and alcohol by the drink.   The chains with most branches are the biggest offenders, and CiCi’s Pizza in Poplar Plaza’s 17 AoAs were associated with a well-publicized disturbance at the venue.    We know that Operation Safeway targeted food establishments in certain areas, but we think that most of the rest may have been instigated by MPD, including the CiCi’s incident.

The hotel/motel sector includes hotels, motels and boarding houses, has a few stand-outs, probably related to prostitution.  The manufacturing sector, though small, is dominated by Smith and Nephew who initiated 85 of the 100 AoAs.  This is an anomaly which probably reflects a decision in management to use MPD as part of its security apparatus.

The gas sector looks very much like retail, and when you eliminate the effect of supplier chains like Shell or Exxon, not much stands out.

Public facilities include the downtown MATA terminus, with 24 AoAs and three at the Zoo.   We talked about the Zoo political blacklist in the original AoA post.  We dispute the legality of public entities barring members of the public.

Churches banned 37 people.  It sounds unchristian to us to put people in the system.   Even worse, schools had 35 AoAs, and we cannot envision a world where young people can be legally barred from education, or even where a school would involve the police in its disciplinary process.

Summary

We see some high-frequency users of AoA.  These AoAs are probably due to business policy and may have been influenced by Operation Safeway in some way.   The vast majority of AoAs have the potential of being instigated by police, including a handful where we know the case history.

We will follow up with additional analysis, including enriching the data and sampling some case histories to determine the marketing initiatives that shape the AoA usage curves.

–concluded–

 

 

 

 

 

 

 

Authorization of Agency: MPD invention.

We’ve been hearing about MPD’s Authorization of Agency (AoA) process.   It surfaced in the media during the A-list controversy, where the actual blacklist was on form AA 0306, the Authorization of Agency form.    We also wrote about a couple of Park Protectors who featured on AoAs at the Zoo.

What is Authorization of Agency (AoA)

Authorization of Agency is generally accepted term in real estate law, where it allows an agent to sign property documents in lieu of a principal.

Some police agencies have the concept of authorization of agency, the San Diego PD being an example.  In the case of all police agencies we could find, the authorization of agency is a blanket measure against all trespassers, so it’s similar to posting your property.

a-listMPD’s AoA is different.   It specified the property, but also has one or more individuals who are barred from the property.   This is unique to MPD’s version of AoA.

Normally, trespass does not occur, in the case of property that is not posted, until an accused person has been informed that she is trespassing, and is given time to leave the property.

The legal theory behind the AoA is that the persons listed has been informed that they will be trespassing without further notice if she enters the property again.  It supposedly authorizes the police to act as an agent of the landlord in giving notice.

AoA is also promoted by Shelby Co. DA Amy Weirich as part of Operation Safeway.   Anecdotally, we hear that it is used against the homeless, by apartment complexes and by businesses who seek to prevent “undesirables” on their premises.   The data tends to confirm this.

Our Open Records Request.

AOA_bar_chartWe submitted an open records request for all AoAs filed since December 1st 2016, and received about 200 files containing over 1800 PDF forms, many of them older than  December 2016.  Most precincts sent all their AoAs.   We think we have over 90% of AoAs.

As can be seen from the chart, there were 1697 unique AoAs in the data, and race was identified in all but 75.   84.9% of listed persons were Black and 12.3% white, with a couple of percent Latinx and a few Asians.     African Americans are over-represented by a factor of 350% compared with the demographics.  There are seven times the number of Black people over whites.

map
Purple: African American/Black, Red: Whie/Cauc, Yellow: Asian, Blue: LatinX, Green: unknown

The original map can be seen on Google Docs.
Click the “Map” tab to view the interactive map, and the “Rows” tab shows the data, with the source field clickable to go to the source PDF.

The collated data table is available on Google Docs, as a comma-separated CSV file, Excel XLSX and OpenOffice ODS files.   These files also contain the name of the barred person, a clickable link to the source .PDF and the page number to search within this PDF.  (Updated 9/11/2017: updated spreadsheet with corrections and added business category field; CSV XLSX ODS.)

The map shows a large concentration stretching through downtown, Midtown, Orange Mound, Parkway Village and Hickory hill, with some outliers in Raleigh and Frayser.    Most of these places are where the races mingle as in downtown and midtown, or in transitional areas where demographics are changing.    But the vast majority of AoA listees are African American.

How AoA is supposed to work.

orifice_dan_adams
MPD officer Dan Adams at the Zoo

The forms are filled in by hand by the property manager and are to be witnessed by a police officer.   They are maintained in the original form via scanning to .pdf.  They are apparently kept in hard copy folders by ward which are carried in police cars.   Many of the forms have a three digit ward number written near the top of the form.    The data are accessed by manually searching through the forms in the book.

As manual, hand-written forms, there are no controls on handwriting, spelling or general accuracy.  Many entries are hard to read, either because the original script is undecipherable or because the documents have been scanned, faxed or copied many times.

Many of the forms have additional data, such as sex, weight, height, and marginal notes with drivers license numbers or scanned licenses, phone numbers, addresses, behavioral notes, details of alleged offenses, car tags or descriptions.   DL numbers, Social Security numbers and photos are redacted.   Access the original documents to see additional data.

Although some property managers keep the forms on hand and initiate the application, the suggestion to file often comes from a police officer.

Problems with AoA administration.

The forms state that the complainant has notified the subject that they are not permitted on the property, but we have many instances where the subjects were not duly notified, and there is no checking or control on

  • Fergus Nolan and Maureen Spain are on an AoA at the Zoo from 31/5/2016 but were not notified, see example.
  • Hunter Demster was placed on an AoA on 9/28/2017 and not notified.
  • Up to 12 protesters at the Mayor’s house die-in from 12/19/2016 were placed on an AoA, and an additional 40+ people who were not at the die-in were also placed on the “A-list” AoA, but only Keedran Franklin was notified, and not by Mayor Strickland, the complainant, but by MPD plainclothes police.

Lack of notification of being on an AoA can expose the subject to arbitrary arrest for trespassing while unknowingly being listed on the property.

The “protection” afforded a property owner by AoA is similar to an order of protection, in that it prevents an subject from approaching a complainant while on her property, but AoA does not embody the same opportunity to legally challenge the listing.   AoA may be viewed as an attempt to bypass the safeguards embodied in the Order of Protection process.

The AoA process is not documented in MPD’s P&P manual, and has no maintenance or purge process.  Conditions attached to the AoA listing, such as limited duration of the listing, cannot be enforced.   We have examples of AoAs which were supposed to have limited one-year duration still being on file after many years.    The AoA my still be in effect after the property is transferred to another owner.

The forms are supposed to be signed by the complainant and witnessed by an MPD member.  We found numerous instances of missing signatures of both types, and signatures that were “witnessed” on a different date to the original signature.

We also found numerous instances where a duly signed and witnessed AOA form had additional names added over the original signature, which is a falsification of official records, as the purported signature and witness do not apply to the subsequent changes.   We have instances where both the original form and the updated version are on file, and also instances where later names were added in a different hand to the original list.   Forms should have unused subject lines crossed out to prevent subsequent additions.

Our example.

From personal experience, this example illustrates several of the problems with AoAs. On 5/31/2016, the day after their arrest at a Greensward protest, this AoA (PDF, see page 7) was created for Maureen Spain and Fergus Nolan, without notification.  Their drivers license numbers were provided to the Zoo by MPD for this purpose, in violation of open records laws, which requires DL numbers to be redacted before sharing with members of the public.

Fergus Nolan unknowingly visited the Zoo on at least three different occasions in 2017.  On one of these visits, he was with Hunter Demster, when both were asked to leave.   Subsequently, on the 28th, an AoA was created for Hunter Demster, who was not notified.

During the incident described in our February blog, the police were seen working on some papers.   Once again, for at least the fourth time, they failed to find the existing AoA for Fergus.   The police added him into the existing AoA for Hunter.   The two versions are shown above, where the second line was added in a different hand.

This illustrates what we think are common problems with AoAs.   They are frequently altered to add more names, making the witness signature fraudulent.   Subjects are often not informed of their inclusion on an AoA, making them subject to arrest if they re-enter the listed property unawares.  The system is ineffective.   Fergus Nolan’s 5/31/2016 AoA was not found on four separate occasions.   In addition, the police often add confidential information to the AoA including driver’s license, social security number and photos, which are required to be redacted before sharing with members of the public, and the complainant gets to see this information.

Legal Basis

I’m not a lawyer.   AoA form AA 0705 is another version of the form, and some are present in our document cache.   It cites TCA 39-3-1201, which was repealed, as the authorizing statute.   These AoA forms are still active.

TCA 39-14-405 is the successor statute to the repealed trespass measure and it does not mention AoA or describe its mechanism.   We have consulted attorneys who believe that the process is not legal, but there has not been a legal challenge to date.

Due Process Issues.

As there is no formal record keeping system for AoAs, and as there are no regulations in the P&P manual, the records are chaotic.

There is no judicial oversight, means of correcting, changing data, purging outdated records, or appeal process.

We saw AoAs as old as 2011, and children as young as eleven listed, with no mechanism for parental involvement.

We saw one situation where the same policeman hawked the same AoA against and individual to four different businesses in an area, suggesting that individual police have a lot of latitude in applying this sanction.

The quality of the system, in terms of data accuracy, legibility, efficient access and data maintenance procedures is rock bottom.

We are aware of several AoAs which have been removed fro the database.  These include the original AoA signed in January 2017 for the December 19th die-in, which formed the basis of the A-list.   Also missing is a December 31st for Malco theater which had the names of Keedran Franklin and other CCC members who gave out free theater tickets.   The deletions we know about occurred after political pressure was applied.

Summary

AoA is racist in implementation, has no legal basis, has no checks and balances, is unwieldy, capricious and ineffective, violates due process and has been used as a weapon by MPD officers against the weakest members of our community.

It is questionable if a police force can act as the agent of property owners, in violation of the State trespass law, without compromising their oath to uphold the law.

It needs judicial intervention.

–concluded–

 

 

 

As the dust settles: the ACLU court case.

This week has been a game changer.  Memphis history will forever be divided into the pre-ACLU era and the post-ACLU era.  MPD in particular is in crisis, and, because of role of public safety in our local elections, the crisis extends into the political sphere.

aclu case
Pau Garner, Spencer Kaaz, Al Lewis, Elaine Blanchard, Earle Fisher, Keedran “TNT” Franklin at the Federal courthouse, 8/20/2018.

The trial itself.

We saw a steady stream of MPD brass take the stand and be defensive.   The City strategy has been to try to make the police look reasonable, and to paint the activists as crazy fools.   This strategy plain failed, as Paul Garner, Elaine Blanchard, Earle Fisher and Keedran Franklin presented well on the stand.   It is notable that the City did not send Jim Strickland or any of the”public safety” advocates to defend their police buddies.

The defense cut their losses on Thursday and pulled the plug on trying to discredit more activists or putting more police on the stand.   Essentially, they accepted defeat after a very poor display of legal skills.

MPD’s Reaction

MPD is not a monolith.  It has leaders jockeying for position as the next director, a large number of disaffected members who are still disgruntled over pensions and benefits, a degenerate and poorly led MPA and a sizeable contingent of out and out racists who are chafing at being led by an African American director.

We can expect instability at MPD.   At this point I see little benefit in stirring the pot at MPD.    We’ve stirred.   Stirring done.

At this point we need to be concerned that the police will revert to form and lash out at civilians and activists.  We suggest extreme care in interactions with police as we await the verdict from the trial.  We have no need to provoke further reactions from MPD.   We’ve already unleashed the nuclear option.

Political Reaction

Strickland’s administration has not been watching the backs of their police.  He has been declining to comment on the sub-judice proceedings.   We expect this to continue.

In the meantime, the hitherto solid eight or nine vote pro-police Council block is already showing signs of fragmenting.  Joe Brown and Edmund Ford are term limited and won’t need to expend political capital on defending the police.

Berlin Boyd is up for re-election.   He has been at odds with the Kemp Conrad knee-jerk brand of police support, voting against Conrad in the August 2016 marijuana ordinance.  Boyd knows that he needs to put some distance between himself and the law and order lobby.   He’s been reaching out to certain activists with some truly strange proposals.

Jamita Swearengen, as the new chairman of the Public Safety Committee, has been conventionally pro-police, generally following the MPD’s COP community policing line.   She made a speech at CLERB extolling Blue Crush and the deployment of 490 new spycams, which City Council approved a budget of $1.5M for on July 10th.

Patrice Robinson has not been saying a lot about policing.

Of the white Council members, all part of the Caissa group, the more extreme police fans like Kemp Conrad and Reid Hedgepeth, with Bill Morrison, are term limited.   We might see some posturing from them.  Ford Canale remains a cypher, although he rang the Public Safety bell in his August election campaign, apparently with less effect than his predecessor.

We don’t see much incentive for Council members to expend political capital on defending police prerogatives.   In fact, we think some of the previous pro-police coalition, especially Berlin Boyd, are already maneuvering to create some advantage for themselves.

Policy Changes

Activists have ling sought a strengthening of CLERB powers.   CLERB needs subpoena power, and the ability to make binding recommendations for disciplinary actions and policy and procedure changes.    Look to Memphis United, fresh from Paul Garner’s performance on the witness stand, to be making proposals.   In addition, it appears that the administration has successfully sabotaged the ability of CLERB to post documents on its own website and on the City archive site.

It’s hard not to see the canny Garner taking advantage of MPD’s predicament.

Police Director

Mike Rallings, as the officer who presided over the decline in MPD political interference, and because of his unconvincing defense of his policies on the stand, is damaged goods.   He has been left dangling by his political masters.   There is no question that he can survive past the election of the next mayor in 2019.   He either takes control of his fate and resigns, or the political upheaval that now starts will result in his firing.

Rallings has been fully vested in his MPD pension plan for about a year.

It seems very clear that a new director can’t come from the culturally compromised MPD.    The next Police Director must be chosen on the basis of a proven record of community policing.   The internal candidates who have been preened as Ralling’s successor  are infected with the racial disease that infects the force and will be rejected.

Our suggestions for police director include Anne Kirkpatrick, Oakland CA police chief.   She applied for the job in 2016.  Another is John S Thompson, Camden NJ police chief.

The 2019 City elections

The current mayor and most of City Council were elected in 2015 with dog-whistle campaigns, evoking public safety with racial coding to get elected.   The dog whistle was already losing its effectiveness.   J Ford Canale blew the dog whistle in the Super 9-2 election and his vote was down 25% on Philip Spinosa’s 2015 performance.   David Lenoir used the dog whistle in the County Mayor election and was convincingly defeated by Lee Harris.

Incumbents will be forced to run on other issues.   Insurgent candidates will focus on poverty, economics and policing, where incumbents have a dreadful record.   Strickland has not been brilliant at the basics.   The Caissa Seven have been exposed as the next best thing to a political conspiracy.

Expect a lot of surprises as incumbents and challengers jockey for position and make economic arguments.   Expect opponents to rally around retaining IRV in the December referenda, and issues like EDGE, economic development, energy policy, CLERB, policing and poverty to be well aired in the election runup.

Summary

Policing has been the lynch-pin of Memphis politics, especially in the last election cycle.  The pin has been pulled from this grenade.

People need to be very careful out in the streets.

In the halls of power, expect surprises.  2019 will be fought and won on real policies, not the stalking horses of yore.