BY: McClatchy News            | Nation                            | June 18, 2013

http://www.governing.com/news/federal/mct-supreme-court-outlines-limits-on-right-to-remain-silent.html

By David G. Savage

Crime suspects need to speak up if they want to invoke their legal right to remain silent, the Supreme Court said Monday in a ruling that highlights the limited reach of the famous Miranda decision.

The 5-4 ruling upheld the murder conviction of a Texas man who bit his lip and sat silently when a police officer asked him about the shotgun shells that were found at the scene of a double slaying. They had been traced to the suspect’s shotgun.

At his trial, prosecutors pointed to the defendant’s silence as evidence of his guilt. In affirming the conviction of Genovevo Salinas, the court’s majority admitted that some suspects might think they had a right to say nothing.

“Popular misconceptions notwithstanding,” the Constitution “does not establish an unqualified ‘right to remain silent,’” said Justice Samuel A. Alito Jr.

Rather, he said, the 5th Amendment says no one may be “compelled in any criminal case to be witness against himself.” Since the Miranda decision in 1966, the court has said police must warn suspects of their rights when they are taken into custody.

But the Miranda decision covers only suspects who are held in custody and are not free to leave.

In the Texas case, Salinas was asked to come to the police station, and he agreed to do so. “All agree that the interview was noncustodial,” Alito said, so the police were not required to read him his rights under the Miranda decision.

And although Salinas had a qualified right to remain silent under the 5th Amendment, a suspect must invoke his rights and say he wants to remain silent, the court ruled Monday. Salinas “alone knew why he did not answer the officer’s question, and it was therefore his burden to make a timely assertion of the privilege,” Alito said.

The decision is consistent with the high court’s grudging approach to the Miranda decision and related 5th Amendment questions over recent decades. The court’s conservative-leaning justices have not been willing to overturn the Miranda precedent, but they have repeatedly narrowed its scope.

Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas voted with Alito to uphold the conviction in Salinas vs. Texas.

Alito noted that during a trial, defendants may refuse to testify, and prosecutors may not use their silence in court as evidence against them, citing the court’s 1965 ruling in Griffin vs. California. In a concurring opinion, Thomas and Scalia said the Griffin case was mistaken and should be overruled.

Meanwhile, in another case, Thomas spoke for himself and four liberal justices to require a jury to find a defendant guilty of every facet of a crime that could lead to a mandatory prison term.

In Alleyne vs. United States, the court ruled that before a judge imposes an extra mandatory prison term on a defendant for conduct such as brandishing a firearm, a jury must find the defendant guilty of that offense. To do otherwise violates the defendant’s basic right to a jury trial with his guilt proven beyond a reasonable doubt, Thomas said.

Thomas has long maintained that juries, not judges, must decide whether a defendant is guilty of all the elements of a crime that warrant extra punishment. And in a rare show of unity with the court’s more liberal members, he overruled earlier decisions that left this power in the hands of a judge.

In the case before the court, Allen Alleyne was given four years in prison for helping his girlfriend rob the manager of a convenience store. Following the prosecution’s recommendation, the judge gave him an extra seven years for having brandished a firearm. But Alleyne said he had not brandished a gun, and the jury had not convicted him of that extra offense.

The 5-4 ruling overturns the extra seven-year term. The dissenters faulted the majority for overruling a precedent from 2002 that allowed judges to make such decisions.

(c)2013 Los Angeles Times

Here is information on the arrangements for Texarkana Police Officer William Sprague:

Visitation will be held from 5pm-8pm Tuesday, June 18, 2013. The funeral home website says that visitation will be at First Baptist Church.

Texarkana Funeral Home (Texas) is handling the arrangements.
3515 Texas Blvd.
Texarkana, Texas 75503
Phone: 903-794-1200

The funeral will be on Wednesday morning, June 19, 2013, 10am, at the First Baptist Church in Texarkana:
3015 Moores Lane, Texarkana, TX 75503
(903) 831-6000

Graveside services will be at 2 P.M. Wednesday at Oak Ridge Cemetery in Malvern, Arkansas.

CLEAT attended Calibre Press and Lifeline’s Female Enforcer Training in Georgetown, which was a successful event with over 100 officers in attendance. CLEAT gave away several door prizes and visited with officers on the many benefits of being a CLEAT member.

To find upcoming training classes in your area, visit http://www.cleat.org/training/training-schedule/

The Texas Commission on Law Enforcement (TCOLE*) held an awards ceremony at the Texas Capitol on June 13, 2013, to present the Law Enforcement Achievement Awards for 2012. State Representative Jason Villalba was the keynote speaker for this event.

CLEAT was present to see several members receive awards.

TCOLE Commissioner James Oakley Presents Award for Public Service – Deputy Victor G. Leos (Cameron County SO)
http://cleatpomf.shutterfly.com/9780#9765

TCOLE Commissioner James Oakley Presents Award for Public Service – Chief Henry S. Porretto (Galveston Police Dept)
Porretto is a long time CLEAT member and former Regional Director
http://cleatpomf.shutterfly.com/9780#9759

TCOLE Commissioner James Oakley Presents Award for Public Service – Sergeant Destin L. Sims (Galveston Police Dept)
http://cleatpomf.shutterfly.com/9780#9755

TCOLE Commissioner James Oakley Presents Award for Public Service – Officer Angela Porter Burch (Kilgore Police Dept) — at Texas State Capitol.
http://cleatpomf.shutterfly.com/9780#9750

TCOLE Commissioner James Oakley Presents Award for Valor – Officer John A. Allen (Nacogdoches Police Dept) — at Texas State Capitol.
http://cleatpomf.shutterfly.com/9814#9822

We want to congratulate all of the Texas Peace Officers who received awards for their service, dedication, and heroism. hand for this ceremony.

*NOTE: The governor recently signed legislation changing the name of TCLEOSE to the Texas Commission on Law Enforcement. The new acronym for the agency will be “TCOLE”.

With membership numbers continuing to rise from the large urban areas of the state as well as the small rural law enforcement agencies, The Combined Law Enforcement Associations of Texas continues its growth pattern as the state’s largest law enforcement group.

With local union affiliations in San Antonio, Austin, Fort Worth, El Paso, Arlington, Corpus Christi and Laredo, CLEAT holds the record of large police department membership in Texas. San Antonio is the second largest city in the state followed by Laredo at number ten. Houston and Dallas remain independent in affiliation and only Plano is associated with rival TMPA.

CLEAT is also home to the most sheriff departments in Texas representing larger county unions in Tarrant, Bexar, Travis, El Paso, Hidalgo, Cameron, Nueces, Webb, Jefferson as well as smaller counties from across the state.
“We negotiate the most collective bargaining contracts in Texas, period. We provide service to members from the largest unions to the smallest with equal emphasis and enthusiasm,” said Dwight Tiller, Director of Field Services.
The Field Services Division is made up of ten full and part-time employees including law enforcement officers–current and retired, as well as negotiators and negotiators. Field Services staff also serve members with the CLEAT Benefit Trust. No CLEAT employee is funded by state or federal grants.

“We are the boots on the ground serving CLEAT members all across the state,” said Tiller “we interact with the other divisions of CLEAT on a daily basis making sure they hear of issues in the field as soon as they arise. Whether its training, legal issues, or a political hotspot we are proud to serve our members and we don’t mind calling in for air strikes from Public Affairs and Legal when it’s needed.

At 19,000 + plus members, CLEAT continues as the largest law enforcement group in Texas.

Officers from the Travis County Sheriffs Office and Instructor Sgt Betsy Smith at the Winning Mind for Women training seminar in San Marcos

In May, 60 female officers attended the Winning Mind for Women class in San Marcos taught by Sgt. Betsy Smith (Ret). During the intense 8-hour seminar, Smith introduced gender-specific science and leadership principles that the attendees can use to improve and enhance both their professional and personal lives.

On Thursday, June 27th, CLEAT will offer a 8-hour Calibre Press Street Survival Seminar in Longview and this class will be free to CLEAT members. Dave Smith, of “JD Buck Savage” fame, will teach “The Winning Mind” in Dallas on Monday, August 19th. This class will be taught in conjunction with the Texas Narcotics Officers Association conference and there is a nominal charge of $19 for members. Tuition for both of these classes are normally $99, so here are two chances for some top-notch training at little or no cost to our members.

And remember, CLEAT training qualifies for TCLEOSE credit.

Also, plan now to come to Austin for the CLEAT convention in October where we will offer two days of tactical survival training. On day 1, Dave Smith will teach the “Winning Mind” and on day 2, Lt. Col. Dave Grossman will teach the “Bulletproof Mind”. CLEAT members may attend these training sessions for free as long as they are registered for the convention.

Information on CLEAT training is available by following the links under the Training Tab on the CLEAT website.

Left to right: Jimmy Rodriguez, Washington Moscoso, Frank Garibay, CLEAT’s Charley Wilkison, Jim Smith and Daniel Earnest

Officials from CLEAT and San Antonio didn’t waste any time by celebrating the many legislative victories. Instead, three days after Sine Die, it was back to work talking about the upcoming campaign cycle and planning for the 2015 legislative session.

By Bill Miller and Deanna Boyd

wmiller@star-telegram.com, dboyd@star-telegram.com

FORT WORTH —       Two children of Jerry Waller, the 72-year-old Woodhaven resident fatally shot early Tuesday by Fort Worth police officers, accused police on Wednesday of “misrepresenting details of the incident.”

“My father never stepped outside of his garage,” son Chris Waller said in an email to the  Star-Telegram.

“He was shot multiple times in the chest only a few steps away from the doorway to his kitchen.”

Fort Worth police officials said Tuesday that two patrol officers encountered Waller, carrying a handgun, at the back of his house “near the garage-driveway area” and that at least one of the officers fired after the officers “felt threatened.”

They were not specific about where Waller was when he was shot.

At an afternoon news conference Wednesday outside her parents’ home, daughter Angie Waller read a statement.

“We were deeply troubled by the police department misrepresenting details of the incident in their interviews with the media,” she said. “We would ask that the police refrain from providing details to the media until a thorough investigation has been completed, preferably by an independent body.

“We were disturbed by suggestions that police may have felt threatened by a man in his own garage faced with unknown trespassers wielding flashlights.”

Angie Waller declined to answer questions.

Police declined to respond to the family’s statements.

“It would be inappropriate to comment any further until the investigation is complete,” said Sgt. Kelly Peel, a police spokesman.

Waller was pronounced dead at 1:26 a.m. Tuesday inside the attached garage of his residence at 404 Havenwood Lane North,  the Tarrant County medical examiner’s office reported.

The medical examiner said the cause of death was “multiple gunshot wounds” and ruled the death a homicide. That means another person caused the death but does not imply that a crime occurred.

On Wednesday, the two officers were identified as R.A. Hoeppner and B.B. Hanlon. Both were commissioned in October, Peel said.

The officers will be represented by Vincent Wisely, staff attorney for the Combined Law Enforcement Associations of Texas.

Wisely said he would not comment on details of the case.

“However, I will say that the officers involved did everything they were trained to do in responding to a very clear and direct threat upon their lives,” Wisely said in an email.

“Any time a police officer is forced to take a human life, it is painful not only for the family and friends of the precious life lost, but also for the police officer who has been placed in the unenviable position of having to defend his own life by the use of deadly force.”

Peel declined to answer whether one or both officers fired their weapons or whether Waller fired or threatened to fire his, stating “that’s part of the investigation.”

The investigation, conducted by the Major Case unit into the “critical police incident,” could take several weeks, Peel said, and then it will be forwarded through the chain of command before being reviewed by Police Chief Jeff Halstead.

Police have said the patrol officers were in uniform and driving marked cars when they responded to a report of a burglar alarm at 409 Havenwood Lane North, a house across the street from Waller’s, which is 404 Havenwood Lane North. Police have said they do not know why the officers ended up at Waller’s house, saying that was part of the investigation.

NBC 5 and CBS 11 obtained recordings of radio communications between one officer and dispatchers. In it, the officer reported “shots fired” and requested an ambulance.

A dispatcher asked the officer his location, and he responded, “409 Havenwood.”

The officer described what happened. “I don’t know who the guy is,” he said. “The guy came out with a gun. He wouldn’t put the gun down. He pointed it at Hoeppner. Hoeppner fired.”

Becky Haskin, a former Fort Worth City Council member who lives two doors from the Wallers, said when the alarm went off inside the house at 409 Havenwood, the security company called another neighbor when no one answered at the house with the alarm.

That neighbor told the security company to call police because she was concerned about the well-being of the resident, who is in poor health.

A caretaker at the home where the alarm went off told Haskin that police did not come to the door and that no burglary occurred there.

Bill Miller, 817-390-7684

Twitter: @Bill_MillerST

Deanna Boyd, 817-390-7655

Twitter: @deannaboyd

CLEAT Attorney Celeste Robertson and Scott Leeton, President of the Corpus Christi Police Officers Association

The Corpus Christi Police Officers’ Association, represented by CLEAT attorneys Michael Rickman and Celeste Robertson Cory objected to a Consent Decree presented to federal court by both the United States government and the City of Corpus Christi . The Consent Decree clearly violated the Collective Bargaining Agreement between the City and CCPOA, so CCPOA and more than eighty individual officers filed objections. The Consent Decree settled a lawsuit by the U.S. against the City alleging the Physical Ability Test utilized by the City had discriminated against female applicants between the years 2005 and 2011. Part of the settlement included monetary payments to females who failed the PAT as well as retroactive pay to those females who apply and get hired by CCPD (“priority hires”). In addition, the U.S. and the City were allowing the priority hires seniority benefits that would negatively impact current officers. Of particular concern to officers was shift selection. According to the decree as initially presented, if a priority hire originally failed the PAT in 2006 (for example), she would be entitled to be eligible to pick shifts as if she had been an officer for 7 years. This creates a huge problem, not just for training purposes, but for the morale of the whole department.

The problems with the PAT were created or caused by the City and not the CCPOA or even CCPD. Therefore, CCPOA did not object to the City making monetary payments, including backpay and retroactive retirement benefits. CCPOA, through CLEAT, argued that seniority benefits that negatively impacted current officers are unfair and unreasonable. We were able to reach a settlement that does protect the vested rights of current officers. Time in grade requirements were added and shift selection is no longer a retroactive right for the priority hires. CCPOA and CLEAT fought for the rights of current officers and also welcomes the priority hires and wishes each them long and productive careers with CCPD!