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http://abcnews.go.com/US/wireStory/officer-prosecutors-silenced-sandra-bland-case-40984809

A police officer in the small Texas town where Sandra Bland, a black woman who later died in a jail cell, was pulled over says the county's top prosecutors threatened to end his career if he came forward with what he says is evidence of wrongdoing, an accusation the prosecutors deny.

Among the things Prairie View officer Michael Kelley said this week that he wanted to tell a grand jury: Bland appeared to have marks on her forehead after a confrontation with state trooper Brian Encinia, who pulled her over last July for allegedly failing to signal while changing a lane; Encinia was on the phone with a supervisor after arresting her because he didn't know what charge she should face; and the police report Encinia ultimately submitted left out key details.

Kelley said he was never contacted by special prosecutors handling the case, and the Waller County district attorney's top assistant said there would be repercussions if he spoke to a Bland family attorney. Prosecutors have strongly denied Kelley's allegations.

Bland was found dead three days after the traffic stop in a county jail cell; authorities ruled it a suicide. But her death galvanized the national Black Lives Matter movement and others protesting recent police misconduct, all of whom said she was mistreated and shouldn't have been arrested. Bland's mother, Geneva Reed-Veal, appeared on stage at the Democratic National Convention on Wednesday with other black women whose children had died in encounters with law enforcement.

Many of Bland's supporters have long questioned whether local authorities would fairly investigate the case. No one from the jail or the sheriff's office has been indicted, even though the county acknowledged jailers did not properly monitor Bland or screen her properly after she mentioned she had a history of mental illness. One jailer has given a deposition admitting he falsified a jail log.

Encinia was indicted on a misdemeanor charge of perjury, which is pending, and was fired by the Texas Department of Public Safety.

Kelley, meanwhile, is suspended from the police department after being captured on video using a Taser on a black city councilman in Prairie View and being indicted for official oppression related to an unlawful arrest. He claims prosecutors sought that indictment as retaliation.

"I didn't become a cop to become shady like a lot of officers," Kelley told The Associated Press in a phone interview. "I became a cop to do justice and to try to change the community which I work in."

Waller County District Attorney Elton Mathis issued a statement implying Kelley is trying to profit from Bland's death.

"I unequivocally state that he never approached me, my first assistant, or any member of my staff with any such information," Mathis said, adding: "I can only imagine this is an attempt to divert attention" from Kelley's case.

Darrell Jordan, a Houston attorney who was one of five special prosecutors handling the Bland case when it went to a grand jury, also said Kelley never approached him or any other prosecutor.

"We walked the campus; we walked the main roads trying to talk to people," Jordan said.

On the day of Bland's traffic stop, video from Encinia's squad car and a microphone on his uniform show the two beginning to argue. Encinia then reaches into the car and tries to drag Bland out of her seat before arresting her.

"Get out of the car!" Encinia is heard saying. "I will light you up! Get out!"

The two struggle outside of the car as Encinia handcuffs her and calls for backup. Kelley said he was one of the first to respond.

Encinia is later captured on audio going through possible charges for Bland, from resisting arrest to assault.

"I kind of lean toward assault versus resist because I mean, technically, she's under arrest when a traffic stop is initiated, as a lawful stop," Encinia is heard saying. He eventually wrote a report accusing Bland of assault on a public servant.

But Kelley said he saw bruises on Bland's forehead and heard Encinia tell his supervisor, "'I don't know what I'm going to charge her with yet.'"

Kelley's allegations are the latest to raise the idea that authorities haven't thoroughly investigated Bland's death.

Earlier this week, the Houston Chronicle reported a jailer admitted under oath to falsifying a notation in a jail log that he had checked on Bland during the hour before her death. Bland family attorney Cannon Lambert said the jailer made the admission during a deposition in the family's federal lawsuit against the county over Bland's death.

Are the facts going to come out?

 

[GrizzleBoy]

Don't know if I believe this.

After all, this would seem to suggest some type of corruption within the justice system?

Big reach imo.

 

[Captin Quacker]

just a few bad apples?

 

[Blader]

I mean, technically, she's under arrest when a traffic stop is initiated, as a lawful stop,

No, you're under arrest when placed under arrest

 

[PsychoSoldier]

I hate to say this but if the jury was white it probably wouldn't have mattered either way.

 

[wesleyshark]

No, you're under arrest when placed under arrest

Exactly. His statement makes it sound like this is a normal and okay thing.

 

[Con_Smith]

We just got to wait for all the facts. You know she was mentally ill right? Dem facts doe...

 

[boiled goose]

You are under arrest for.... Resisting arrest!

 

[More_Badass]

No, you're under arrest when placed under arrest

Exactly. His statement makes it sound like this is a normal and okay thing.

Was actually listening to an episode of Life of the Law about traffic stops, and traffic stops have very vague guidelines. For example, cops don't have to read your rights during a stop, and can temporarily detain you without arresting you

 

[Jackpot]

Kelley, meanwhile, is suspended from the police department after being captured on video using a Taser on a black city councilman in Prairie View and being indicted for official oppression related to an unlawful arrest. He claims prosecutors sought that indictment as retaliation.

Maybe he's trying to take the department with him?

 

[wesleyshark]

Was actually listening to an episode of Life of the Law about traffic stops, and traffic stops have very vague guidelines. For example, cops don't have to read your rights during a stop, and can temporarily detain you without arresting you

Hmmmm.... interesting. Do they say if this varies from state to state, or is this pretty much vague across the board?

 

[HeySeuss]

Was actually listening to an episode of Life of the Law about traffic stops, and traffic stops have very vague guidelines. For example, cops don't have to read your rights during a stop, and can temporarily detain you without arresting you

This reads like a parody post. Are you being serious? Why would you have your rights read to you during a traffic stop?

And of course you can be detained for the duration of the stop. That's what is called an investigative detention, which allows an officer to hold someone for a reasonable amount of time to investigate criminal activity. Or in the case of a traffic stop, to enforce the violation that was witnessed by the officer.

There isn't anything vague about it. The Supreme Court has very specific court cases that spell everything out.

 

[Aselith]

Really glad this officer came out, hopefully more follow suit

 

[Guevara]

Maybe he's trying to take the department with him?

I mean, Kelley sounds like he's nuts.

Still I think everyone agrees it was a bad detention on bullshit charges.

 

[dave is ok]

This is a weird situation since he is being charged with something himself. It seems like his statements could be retaliatory

 

[HeySeuss]

This is a weird situation since he is being charged with something himself. It seems like his statements could be retaliatory

As much as I am critical of police, I think this is very likely.

It's not uncommon for an officer to make an arrest and figure out the exact charges at the station. It's not like can memorize every law.

 

[Aselith]

As much as I am critical of police, I think this is very likely.

It's not uncommon for an officer to make an arrest and figure out the exact charges at the station. It's not like can memorize every law.

Then they shouldn't be arrested. The department should have a help desk to check the laws and a charge instead of just arrest em all and let jail sort em out. This how people get harassed by trumped up bullshit. It's not uncommon practise to pull over black people for "broken tail lights" too.

 

[Balphon]

Was actually listening to an episode of Life of the Law about traffic stops, and traffic stops have very vague guidelines. For example, cops don't have to read your rights during a stop, and can temporarily detain you without arresting you

I wouldn't say it's vague. The Constitutional principles underlying traffic stops are fairly basic and well articulated, as is the notion that a "seizure" of a person can occur that is short of an arrest. Terry v. Ohio is the seminal case on the issue if you feel like reading some Earl Warren today.

However, traffic stops are probably the most common instances where a person interacts with a police officer in a circumstance where some degree of 4th Amendment protection is attached, and consequently are the most common instances where the bounds of that protection is tested. So, in that sense, there is a certain degree of uncertainty there.

And as long as we're talking about it, the Miranda warning ("reading you your rights") has little to do with your right against unreasonable seizure (Fourth Amendment). It's a Fifth Amendment principle that restricts the ability of police to subject you to questioning. Point being, do not assume you are not under arrest simply because you have not been read your rights.

 

[HeySeuss]

Then they shouldn't be arrested. The department should have a help desk to check the laws and a charge instead of just arrest em all and let jail sort em out. This how people get harassed by trumped up bullshit. It's not uncommon practise to pull over black people for "broken tail lights" too.

That's how it works in the real world. An officer knows they have a valid arrest so they figure out the exact law that was broken while filling out the paperwork when you have time to figure those things out. It's not reasonable to memorize thousands of laws to know which one applies in a given situation. That happens every day. It's not about trumping up charges, it's about getting it right. Not saying that isn't abused because I'm sure it is, because that wasn't what I was saying to begin with.

And a "broken tail light" is a valid reason yo pull someone over. But I'm not going to say that minorities aren't pulled over more frequently than whites for petty things. That's a different discussion entirely.

 

[Aselith]

That's how it works in the real world. An officer knows they have a valid arrest so they figure out the exact law that was broken while filling out the paperwork when you have time to figure those things out. It's not reasonable to memorize thousands of laws to know which one applies in a given situation. That happens every day. It's not about trumping up charges, it's about getting it right. Not saying that isn't abused because I'm sure it is, because that wasn't what I was saying to begin with.

And a "broken tail light" is a valid reason yo pull someone over. But I'm not going to say that minorities aren't pulled over more frequently than whites for petty things. That's a different discussion entirely.

No, it's the same one. Common practises are the problem with the police. The way they operate normally is bad and leads to bad situations that don't need to happen.

Arresting people with getting the charges nailed down is very much a part of that. The "real world" is what needs to change because it's fucked up right now. Nailing down charges is part of accountability.

 

[HeySeuss]

No, it's the same one. Common practises are the problem with the police. The way they operate normally is bad and leads to bad situations that don't need to happen.

Arresting people with getting the charges nailed down is very much a part of that. The "real world" is what needs to change because it's fucked up right now. Nailing down charges is part of accountability.

So you expect an officer to memorize 20,000 laws and have perfect recall of which one applies in any given situation? That's neither practical or reasonable. And neither is a help desk for them to call and figure it out.

 

[Sulik2]

This entire story right here is why people can rightfully say there are no good cops. The thin blue line turns all cops bad. Threats and fear of losing your job keeps even the ones who might be good cops in line with the gang mentality of the modern police force.

 

[ShockingAlberto]

So you expect an officer to memorize 20,000 laws and have perfect recall of which one applies in any given situation? That's neither practical or reasonable. And neither is a help desk for them to call and figure it out.

I want them to know what they're arresting me on because otherwise I have zero power to engage in my own defense or avoid exploitation of my rights.

"You can defend yourself later" is not super reassuring that justice isn't being miscarried against me.

 

[Aselith]

So you expect an officer to memorize 20,000 laws and have perfect recall of which one applies in any given situation? That's neither practical or reasonable. And neither is a help desk for them to call and figure it out.

How then do they figure it out at the station? A help desk is literally as practical as it gets. Tell me why it's not?

 

[HeySeuss]

I want them to know what they're arresting me on because otherwise I have zero power to engage in my own defense or avoid exploitation of my rights.

"You can defend yourself later" is not super reassuring that justice isn't being miscarried against me.

You don't need to know what you're being arrested for to protect your rights by remaining silent. Police are under no obligation to tell you what your under arrest for immediately before you are placed under arrest, nor is there a set timeframe that you must be told what the charges are. Is that fucked up? Sure. Can it be abused? Absolutely. But until a solution to figuring out how to immediately determine the exact charge can be figured out in a reasonable way happens it won't change.

How then do they figure it out at the station?

Look it up in the book and figure it out at the station. Me personally I have an app on my phone that is a quick reference that I use. But not everyone does this and it isn't a requirement.

Look, I'm not disagreeing with you in principle. It needs changed. Many things about policing need changed. But we can't just say "that's bullshit" without trying to come up with a solution to fix the problem.

Edit to your edit... A help desk is extra employees that would need to be hired for that specific purpose. Many police departments can barely afford to pay their officers they alrehave, let alone add additional employees. Sure it would work well at larger departments, but you can't require a change like that without considering that the vast majority of police departments can't afford to do it.

The solution has to be reasonable for all departments, not just the ones that can afford it.

 

[Aselith]

Edit to your edit... A help desk is extra employees that would need to be hired for that specific purpose. Many police departments can barely afford to pay their officers they alrehave, let alone add additional employees. Sure it would work well at larger departments, but you can't require a change like that without considering that the vast majority of police departments can't afford to do it.

The solution has to be reasonable for all departments, not just the ones that can afford it.

Smaller departments can use a supervisor or an office worker that aleady is doing other work. Smaller departments shouldn't be arresting enough people to represent a huge burden to manpower.

Being accountable isn't as easy as just half assing it, I know, but we shouldn't half ass taking away another person's freedom.

And the officers should have common stuff down cold so that wouldn't require intervention.

 

[HeySeuss]

Smaller departments can use a supervisor or an office worker that aleady is doing other work. Smaller departments shouldn't be arresting enough people to represent a huge burden to manpower.

Being accountable isn't as easy as just half assing it, I know, but we shouldn't half ass taking away another person's freedom.

I don't think you understand just how little money some departments have. There are many rural agencies that operate solely on the backs of volunteer officers. Many pay their chief of police and everyone else in the department is working for free as a way to get experience to get a paid job somewhere else.

My first police job was a volunteer position that lasted 3 years of not getting paid. I had my regular 9-5 job and at night I worked another 8 hours to try to get my foot in the door.

My situation isn't unique at all. There's over 900k officers in the United States and I would say it wouldn't be a reasonable guess to say something in the neighborhood of 20% are doing the job without getting paid.

That's why I said it has to be both reasonable and practical. Is someone back at a desk dedicated to that takes reasonable? Absolutely. But it's not practical because not every department can do it.

 

[Aselith]

I don't think you understand just how little money some departments have. There are many rural agencies that operate solely on the backs of volunteer officers. Many pay their chief of police and everyone else in the department is working for free as a way to get experience to get a paid job somewhere else.

My first police job was a volunteer position that lasted 3 years of not getting paid. I had my regular 9-5 job and at night I worked another 8 hours to try to get my foot in the door.

My situation isn't unique at all. There's over 900k officers in the United States and I would say it wouldn't be a reasonable guess to say something in the neighborhood of 20% are doing the job without getting paid.

That's why I said it has to be both reasonable and practical. Is someone back at a desk dedicated to that takes reasonable? Absolutely. But it's not practical because not every department can do it.

What's your point though? If they're taking people as volunteers to get experience, wouldn't the help desk be a great opportunity?

 

[HeySeuss]

What's your point though? If they're taking people as volunteers to get experience, wouldn't the help desk be a great opportunity?

They typically can't get enough officers to cover shifts with free workers. There's no way you would be able to make a mandatory position that is voluntary too and ensure that it's filled at every department across the country. That's what I mean that it's not practical.

 

[TAJ]

I don't think you understand just how little money some departments have. There are many rural agencies that operate solely on the backs of volunteer officers. Many pay their chief of police and everyone else in the department is working for free as a way to get experience to get a paid job somewhere else.

My first police job was a volunteer position that lasted 3 years of not getting paid. I had my regular 9-5 job and at night I worked another 8 hours to try to get my foot in the door.

Unless you were doing accounting for the city I don't know how you could be sure about all that. Just because they don't pay people doesn't mean they couldn't.

 

[MMaRsu]

Don't know if I believe this.

After all, this would seem to suggest some type of corruption within the justice system?

Big reach imo.

This is sarcasm right

 

[HeySeuss]

Unless you were doing accounting for the city I don't know how you could be sure about all that. Just because they don't pay people doesn't mean they couldn't.

The department I worked for didn't have the money to equip their officers. I had to buy my uniform, gun, and everything. We had one cruiser that was given to us by another agency that was constantly in need of repair.

That department wasn't unique at all, and in southern Ohio its pretty much the norm.

 

[Lactose_Intolerant]

I have no sympathy for this guy. He is only talking now because his career is probably over.

I would care if he talked even after he was threatened.

He's not corrupt like a lot of officers, he just kept quiet like the rest.

 

[Aselith]

The department I worked for didn't have the money to equip their officers. I had to buy my uniform, gun, and everything. We had one cruiser that was given to us by another agency that was constantly in need of repair.

That department wasn't unique at all, and in southern Ohio its pretty much the norm.

Who worked in the office?

 

[Gordon Shumway]

This is sarcasm right

This is when you put the joint down. Yes..it's sarcasm lol.

 

[HeySeuss]

Who worked in the office?

Nobody. There were plenty of nights where I was the only one working. We used the county dispatchers to run plates and send me to calls. They're definitely not going to do that kind of extra work because they are busy enough as it is.

And don't forget, you'd have to have that volunteer work 24/7/365 which means you need about 6 people to fulfill that requirement. And that's bare minimum without accounting for coverage for vacations, training, turnover, etc.

 

[Jackpot]

So you expect an officer to memorize 20,000 laws and have perfect recall of which one applies in any given situation? That's neither practical or reasonable. And neither is a help desk for them to call and figure it out.

I expect them to know why they're arresting somebody.

 

[Aselith]

Nobody. There were plenty of nights where I was the only one working. We used the county dispatchers to run plates and send me to calls. They're definitely not going to do that kind of extra work because they are busy enough as it is.

And don't forget, you'd have to have that volunteer work 24/7/365 which means you need about 6 people to fulfill that requirement. And that's bare minimum without accounting for coverage for vacations, training, turnover, etc.

The county could be mandated to hire someone for the task or the state. Certainly that would be more of a task keeping up to date local laws but accountability us important.

I expect them to know why they're arresting somebody.

Right? Waving your arms and screaming "I cannnnnnn't" when asked to explain why a person is losing their freedom is lol