April 7, 2017
A federal judge approved Friday the proposed consent decree between Baltimore and the U.S. Department of Justice, turning the police reform agreement into an order of the court.
In issuing the order, U.S. District Judge James K. Bredar denied a Justice Department request Thursday that he not sign the agreement for at least 30 days while new agency leaders under the Trump administration assess the deal which was reached in the waning days of the Obama administration.
"The case is no longer in a phase where any party is unilaterally entitled to reconsider the terms of the settlement; the parties are bound to each other by their prior agreement," Bredar wrote in his order. "The time for negotiating the agreement is over. The only question now is whether the Court needs more time to consider the proposed decree. It does not."
The order is effective immediately, Bredar wrote.
Attorney General Jeff Sessions, in response, said in a statement that he supports reform but has "grave concerns that some provisions of this decree will reduce the lawful powers of the police department and result in a less safe city."
Sessions said the consent decree was "negotiated during a rushed process by the previous administration," and at a time when Baltimore "is facing a violent crime crisis. He then cited statistics outlining a drop in arrests and a rise in homicides in the city.
"The mayor and police chief in Baltimore say they are committed to better policing and that there should be no delay to review this decree, but there are clear departures from many proven principles of good policing that we fear will result in more crime," Sessions said. "The citizens of Baltimore deserve to see a real and lasting reduction in the fast-rising violent crime threatening their city."
He wrote that the Justice Department "stands ready to work with Baltimore to fight violent crime and improve policing in the city."
Bredar's ruling comes one day after a public hearing in which nearly 50 members of the public spoke, most to register their support for the deal and their opposition to any delay.
John Gore, deputy assistant attorney general in the federal agency's Civil Rights Division, in contrast, asked Bredar to "hold off" on signing the deal for at least 30 days so officials of the new Trump administration could "analyze it and re-engage with the city if necessary."
Bredar, in response, only said he understood Gore's "viewpoint." Bredar had already denied a formal motion by the Justice Department to delay the hearing by 90 days, also so Trump administration officials could review the agreement.
In his order approving the consent decree on Friday, Bredar wrote that the Justice Department's motion "could best be interpreted as a request for an additional opportunity to consider whether it wants the Court to enter the decree at all, or at least the current version of it."
That was "problematic," Bredar wrote.
"The parties have already agreed to the draft before the Court," he wrote. "It would be extraordinary for the Court to permit one side to unilaterally amend an agreement already jointly reached and signed."
Bredar noted that at a previous hearing in the case in February, with the Trump administration in place, the Justice Department had "affirmed its commitment to this draft and urged the Court to sign it."
He also noted that Baltimore and the police department, the defendants in the case, wanted the deal to go through.
At the hearing on Thursday, acting city solicitor David Ralph said the agreement was crafted with deep input from the community, careful consideration of public safety and measures to better train and equip police officers.
"We don't believe delay is necessary," Ralph said. "We would like to move forward."
The consent decree was reached in January after the Obama Justice Department conducted a sweeping investigation of the Baltimore Police Department and found what it said was widespread unconstitutional and discriminatory policing in the city particularly in poor, predominantly black neighborhoods.
The city had invited the Justice Department in to conduct the investigation in 2015 after rioting occurred following the death of 25-year-old Freddie Gray from injuries suffered in police custody.
A federal monitor will now be selected to oversee implementation of the requirements in the consent decree.
The agreement calls for significant new restrictions on officers, including limits on when and how they can engage individuals suspected of criminal activity. It orders more training on de-escalation tactics and interactions with youths, those with mental illness and protesters, as well as more supervision for officers.
The deal will require the city to invest in better technology and equipment, and for the police department to enhance civilian oversight and transparency.
