-Caveat Lector-

 http://www.herald.com/content/today/docs/069481.htm

Published Sunday, January 9, 2000, in the Miami Herald

 I-95 crash points to
 unwritten police rule

 Cases show cops don't ticket cops

 BY BRAD BENNETT
 [EMAIL PROTECTED]

 When the Florida Highway Patrol
 incorrectly blamed two dead
 brothers instead of a drunken FBI
 agent for the wrong-way crash on
 Interstate 95 six weeks ago, it may
 have at least partly stemmed from a
 widespread and largely unspoken
 creed: Cops don't ticket cops.

 Law enforcement officers routinely
 give other officers the benefit of the
 doubt where traffic laws are
 concerned.

 A corollary, borne out by a Herald
 study three years ago, is that the
 other driver in a two-car crash
 involving a law enforcement officer
 will very often be ticketed.

 ``Traffic violations are the best
 example where officers rarely will ticket another police
 officer who displays a badge or says, `I'm a police officer,' ''
 said Geoff Alpert, a criminology professor at the University
 of South Carolina and formerly at the University of Miami.
 Alpert has studied police driving, police ethics and police
 accountability for more than 20 years. ``That's probably the
 most frequent type of courtesy that the police give each
 other.''

 Alpert pointed out that, in his own home state, a South
 Carolina highway patrol chief was forced to resign after
 helping an FBI agent get a drunk driving charge reduced to
 speeding, and then trying to cover up his own involvement.

 In Florida, the FHP -- which now admits it botched the
 investigation into the Nov. 23 crash that killed Lauderhill
 brothers Maurice Williams, 23, and Craig Chambers, 19 --
 has a long-standing policy preventing troopers from
 ticketing each other, said Maj. Ken Howes, chief
 spokesman for the FHP.

 But he insists it's a stretch to suggest that this modest
 courtesy between cops could have tainted the highway
 patrol's efforts to determine the true circumstances of the
 horrific crash between a Kia containing the two brothers
 and a Honda driven by the FBI agent, David Farrall, 36, of
 Coconut Creek.

 Law enforcement officers who are involved in serious
 violations do not get a free pass, he said.

 At a news conference Dec. 23, the highway patrol
 announced it was the FBI agent, not the brothers, who
 were heading the wrong way on I-95, but attributed the
 error to an ``honest mistake'' by a 23-year-old rookie
 trooper.

 However, that rookie, Rene Guillen, told The Herald last
 week that he did not actually prepare the inaccurate
 incident reports that bear his name, but merely signed off
 on documents dictated by several other, more senior
 officers.

 What's more, rather than commit a single ``mistake,'' the
 troopers who guided Guillen in his paperwork actually
 made a series of unsupported assumptions, misstatements
 and glaring omissions, each favoring the FBI agent. How
 and why this took place is now the subject of an internal
 FHP inquiry.

 The unwritten understanding that cops don't ticket cops is
 not just a Florida phenomenon. Around the country,
 newspapers have detailed how the professional courtesy
 comes into play.

 The Omaha World-Herald reported last March that two
 police officers took a drunken fellow officer home and put
 him to bed rather than cite him for drunken driving after he
 nearly struck a civilian's car.

 The Washington Post reported two years ago that a police
 chief in Maryland came under scrutiny for running a red
 light and hitting another car without getting a ticket.

 The Denver Rocky Mountain News reported that the
 average Colorado driver is statistically 22 times more likely
 to get a traffic ticket than a Denver police officer.

 In Kansas City, Mo., police are 50 times less likely than
 ordinary folk to be ticketed, according to The Kansas City
 Star.

 Three years ago, The Herald reviewed more than 130,000
 Florida crash reports from the two-year period ending in
 1995. Among the findings: in 66 accidents involving police
 cruisers in the city of Hollywood, 43 civilian drivers were
 ticketed. And not one police officer.

 In one South Florida episode, a state trooper on patrol in
 North Miami Beach crashed her FHP Mustang into the rear
 of a Datsun stopped at a traffic light. The trooper didn't get
 a ticket, but the Datsun driver did -- for worn tires.

 A Dade County School Resource Officer was driving his
 cruiser to work when he pulled out from a stop sign in
 Homestead and hit the front of a school bus carrying 16
 teenagers, injuring one. No ticket.

 In yet another case a Pembroke Pines man was rear-ended
 by a Pines officer in 1994. ``The guy takes out my rear end
 and then tickets me,'' James Norman Sisley of Pembroke
 Pines told The Herald after the incident. ``It took five cops
 standing around 20 minutes to find something they could
 pin on me.''

 Howes said FHP troopers make it a practice not to ticket a
 colleague because troopers who break traffic laws can face
 administrative sanctions.

 ``There's a problem with double jeopardy when you do
 that,'' Howes said. ``If you issue a trooper a traffic citation,
 then how can you discipline him for the same offense?''

 Despite assurance from FHP that a rookie gaffe caused the
 misreporting of the crash, relatives of the two brothers
 killed in the wrong-way crash on I-95 north of Atlantic
 Boulevard in Pompano Beach see a sinister pattern at
 work.

 Through their attorneys, the family has suggested the FHP
 not only made unwarranted judgments on the scene, but
 deliberately tailored the details in its accident report and
 news release to support those judgments.

 That assertion was bolstered somewhat last week when
 the investigating FHP trooper told The Herald that senior
 colleagues who assisted in writing the reports simply
 presumed that because Farrall was an FBI agent, he must
 have been going in the proper direction. Guillen said he
 was only following orders from senior officers when he
 signed off on the police report and news release based on
 facts he did not know to be true.

 Although he cautioned it's dangerous to make any
 judgments from afar, Alpert, the South Carolina expert on
 police-related traffic accidents, said the circumstances
 surrounding Broward's wrong-way crash investigation
 should sound alarm bells.

 ``Who's going the wrong way on a roadway and who's
 drunk, those are things that should be pretty easy to
 determine,'' he said. ``This isn't not giving a guy a ticket for
 speeding. This is far more serious.''

 Although the FHP, whose bread-and-butter is investigating
 traffic accidents, claims the mishandled investigation was
 inadvertent, here is how the mistakes and omissions all
 favored Farrall:

 The initial news release said he was going the right way on
 I-95. He wasn't. Or so the FHP now says.

 The accident report states he was not drunk. A test at the
 hospital determined he was -- that, in fact, his blood alcohol
 level was more than twice the .08 limit.

 The news release issued by FHP says the federal agent
 ``observed'' a vehicle hurtling right at him on northbound
 I-95. In fact, investigators do not know what Farrall
 ``observed'' -- and never did. After identifying himself as a
 law officer, Farrall asked troopers to phone his supervisor
 and then was whisked away to the hospital, where FBI
 colleagues checked him in under an assumed name and
 guarded the door to keep investigators away.

 In a yet-unexplained violation of standard operating
 procedures, the sketch of the accident shows where the
 two cars came to a rest after the crash, but doesn't label
 which is which. Once those labels are affixed it is clear
 from the drawing that the car that came to a halt on its side
 on the inside shoulder -- that is, the brothers' car -- was the
 one going in the proper direction.

 When a tape containing copies of 911 calls made in the
 moments before the accident was released to reporters, a
 phone call was edited out. That call, from a driver with a
 cell phone, reported that a ``dark'' car was speeding the
 wrong way on northbound I-95. The agent's Honda was
 green; the brothers' Kia, beige. The call, which is known to
 have taken place, is not on the tape and is not referred to
 in the accident report or news release. Questioned on the
 omission, FHP said it was removed because it is germane
 to the investigation.

 ``There seems to be no question that the FBI agent is
 getting the benefit of the doubt,'' said Donald Bowen,
 president of the Urban League of Broward County, who
 also suspects that race -- the brothers were black; the FBI
 agent is white -- was a factor. ``It seems to me they're
 treating him in a manner that might be more
 accommodating than someone that's not in law
 enforcement.''


            Copyright 2000 Miami Herald

--
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