Crisis In Garrity

A standing room only crowd of law enforcement officers was in attendance at the Michigan Association of Police Organization seminar on the crisis in Garrity.

In attendance were police officers from all over Michigan. Due to the enormity of the problem, the FOP state lodge joined MAPO in sponsoring this important meeting.

The session was held at the Lansing Radison Hotel. MAPO legislative consultant, Jim Curran from Karoub and Associates, and FOP legislative advisor Sandi Lewis, from Muchmore Harrington, chaired the meeting.

The lead off speakers were the retired Chief of Police from Garden City, Dave Harvey and the current Chief of Police from Grosse Point Park Public Safety, Dave Hiller. Everyone hung on every word spoken by Chief Harvey who set the record straight as to what really happened in the Garden City case. The entire room was amazed to hear that he stepped-in, in an effort to protect his officers Garrity rights when no one from their Union was willing to take on the Wayne County Prosecutor's office. Chief Harvey and Chief Hiller both told those in attendance, that they believed in the sanctity of the Garrity statements and that they should be kept away from the prosecutor's office as well as the press.

Larry Schneider, and former state representative Larry Julian spoke next on the historical overview on Garrity. Larry Julian sponsored the previous legislation that would have restored the protections afforded law enforcement officers. Mr. Julian brings a unique perspective on Garrity. Mr. Julian is a retired state trooper who has had to give statements under Garrity. He understands from not only a law enforcement officers view, but also a lawmakers understanding of the process, of what is needed to correct the current imbalance.

Chief Erv Portis, from the City of Jackson, represented the Michigan Chiefs of Police Association. This association of Police administrators worked with MAPO to attempt to pass the previous legislation sponsored by Larry Julian. Chief Portis addressed the issue that to fix the problem, it has to be done through legislation. Many in the audience nodded in agreement.

MAP attorney Mike Vincent and Detroit Police Officers Association attorney John Goldpaugh addressed the legal issues. Mike Vincent spoke from the heart when he told the very personal story about his involvement in a fatal shooting while working as an Ypsilanti Police Officer. "The only thing that stood between me and the city council who wanted to lynch me was my attorney. I will always remember that," said Mr. Vincent. Mr. Vincent has since retired from the police department and has gone on to obtain his law degree. He now represents police officers that may find themselves in the same situation that he once was in.

John Goldpaugh, represents the DPOA as well as MAP on Garrity statements. If one were to pick one attorney in the entire state of Michigan who had the most experience, the name of John Goldpaugh would be at the top of the list. Mr. Goldpaugh has been representing police officers for over thirty years when it comes to Garrity statements and interviews.

Both attorneys agreed that the strategy of allowing officers Garrity statement to be released to the prosecutor and then challenging it later at an evidentiary hearing is bad advice. Who wants to run the risk that a court will allow it? Those in attendance were reminded by the attorney's that the prosecutor's have the right to "eventual discovery". This means that they can argue that, yes they obtained it from the officers protected statement but they would have eventually discovered these facts anyway.

What followed next was a question and answer session where the entire panel of speakers took questions from the floor.

In closing, Sandi Lewis and Jim Curran announced a new legislative initiative. MAP is proud to announce that Senator Alan Sanborn, Richmond, has agreed to sponsor the new legislation. This is a broad based coalition that includes all police unions in this state as well as the Michigan Chief of Police Association.

The conference was brought to a close by a rousing round of applause from the audience. Everyone was bringing the information that they had learned back to their groups. One officer had the foresight to bring a tape recorder and sat at the back of the room taping the entire session for those back at his group.

The story does not end here. It cannot and will not end until the Governor signs into law the new legislation that will restore the rights of law enforcement officers through out this state. After all, if the criminals we arrest have the right to talk to an attorney before being questioned, why can't we?