NJ State Police Crime Lab Fraud & Racist Memo from Wyckoff Police Chief

Two wretched revelations have bubbled to the surface of the cess pool of so called criminal justice in New Jersey.  These situations need to be viewed as par for the course – in a situation that is so thoroughly pervasive.  Those responsible for overseeing the misapplication of criminal justice, locally, in NJ statewide and nationally – they subvert truth and use disinformation to hide the true motivations behind this wretched arrangement.  But when tid bits of truth surface – it is important for those of us that consider ourselves decarcerators, abolitionists or reformers to be prepared to utilize the opportunity – to seize the moment to demand appropriate relief *for the victims* of such corruption in the application of criminal justice.

Often the reaction of the public to these issues as they arise is to demand justice in the form of punishment for the culpable criminal justice officials.  However, as decarcerators, we need to take a different tact.  We need to be better organized to the point so that as these issues bubble over – we can take full advantage by demanding relief for the victims – those accused, arrested, convicted based upon the shoddy or fake evidence and racist policing.

One issue that has been in the news lately is that a key staff member of a NJ State Police crime lab was caught making up test results – not even bothering to test marijuana evidence – yet drawing conclusions without actually doing any testing.  Apparently this corrupt official, Kamalkant Shah, was connected to nearly 8000 cases.

http://www.nj.com/passaic-county/index.ssf/2016/03/state_police_lab_tech_allegedly_faked_results_in_p.html

Another interesting development is the e-mail that surfaced from the Chief of Police of Wyckoff New Jersey directing the officers under his command to racially profile Black men in that town.

https://www.aclu-nj.org/files/6914/5865/1174/2014_12_05_wyck_memo.pdf

“I think that most police officers are finding the national rhetoric about police abuse and racial profiling quite upsetting. Profiling, racial or otherwise, has it's place in law enforcement when used correctly and applied fairly. Unfortunately we have never heard that from our President, top political leaders or our US Attorney General. Don't ask the police to ignore what we know. Black gang members from Teaneck commit burglaries in Wyckoff. That's why we check out suspicious black people in white neighborhoods. White kids buy heroin in black NYC neighborhoods. That's why the NYPD stops those white kids. The police know tl1ey are there to buy drugs. It's insane to think that the police should just "dumb down" just to be politically correct. The public wants us to keep them safe and I'm confident that they want us to use our skills and knowledge to attain that goal. My major concern is that all of this misguided complaining about police officers will cause an officer to react slower to something you might perceive as a threat. That delay could be deadly. Continue to do your job relying on your training, instincts and knowledge: A common thread in the recent national incidents are persons who resist the police. That resistance then creates your counter reaction. We don't run from fights. This department has a history of being respected by the public. Each of you contribute to that daily. Continue to be fair with people and treat them with respect. If someone resists your authorized demands, use your counter reaction as the law allows and you have my 100% support should others complain. If you have done your job correctly, they don't want to get me on the other end of the phone. Above all, do what you have to do and that which the law allows you to do to remain safe.”

Each of these situations call for – demand – a decarceration response.

In the case of the corrupt NJ State Police lab – we did launch a petition.  We have demanded that every one of the cases tainted by the corrupt official – every conviction – be vacated.  (Please sign: https://www.change.org/p/john-jay-hoffman-acting-attorney-general-vacate-charges-and-convictions-from-corrupt-official-at-njsp-crime-lab?recruiter=8123081&utm_source=share_for_starters&utm_medium=copyLink )

There also is a legal office that is filing paper work to sue on behalf of clients harmed by this apparently perjuring NJ State Police lab employee. 

http://www.nj.com/sussex-county/index.ssf/2016/03/lawyer_plans_to_sue_state_police_over_lab_tech_who.html

However the outcry should be louder.  This is blatant – right before everybody’s eyes – they admit that they have been framing people up on drug charges in NJ.  As a retired NJ based defense attorney that signed the petition referenced above stated in a comment on the petition:

“I am signing because I am a retired New Jersey lawyer. I take the same oath as the NJ State Police. You must do this in accordance with that oath. I saw some shaky lab reports in my time as an attorney. When I asked for sample back for independent testing, this is when I won my case. I was left with an uneasy feeling about the particular lab reports where that happened. Not all clients can afford an independent lab test so the samples were not often requested by the defense. I knew that.” Kathleen Feeney, Esq.

In the case of the Wyckoff Chief letter – it is up to decarcerators and other lovers of justice to make the demand that history of policing under this chief in Wyckoff be reviewed and that every case involving Black arrestees be reviewed to determine if there was bias or other illegalities in the handling of the cases.  If so, relief needs to be provided in the form of vacated sentences and convictions for those victims of injustice.

We need to draw our ranks tighter so that we can make more effective responses as these issues continue to surface and we need to analyze across the board to help explain why in NJ we end up with a situation that 65% of those incarcerated in NJ’s prisons are Black.  The system should know that under no circumstance would it ever dream of carrying itself in this way – instead it acts with impunity.

These two revelations scratch the surface.  Criminal justice in NJ and throughout the US is wrought with these pervasive criminal behaviors by the enforcers, the legal experts, the prosecutors, the sentencers, the punishers.

How can we – the Decarcerators – the Abolitionists – the Reformers – make it clear to the “powers that be” that the business as usual of racial profiling, locking up innocents on false pretenses, the test-alying by police and lab officials will continue only at the peril to the system?  What must we do to get this message across clearly?

If you want to help make this happen - call 908-881-5275 or write Decarc@DecarcerateNJ.org 

Release Bernard Davis! Drop Phony Charges!

DEMAND IMMEDIATE RELEASE AND DROP OF PHONY CHARGES AGAINST BERNARD DAVIS!

Action plan being formulated but immediately contact: isameen1@hotmail.com to let the family know that you are ready to support whatever actions are formulated.

The following text was posted by the family of Bernard Davis on Facebook and is posted here with permission.

This could happen to your son or daughter:

HORRIBLE INJUSTICE AGAINST A WELL KNOWN OUT OF STATE COLLEGE STUDENT BY THE TOWSON POLICE DEPARTMENT IN MARYLAND…

Our Son Bernard Davis is a College Student at Morgan State University, he is also a well-known DJ, in New Jersey, and in Baltimore as well. Bernard is a well-grounded young man and has no criminal background and has never been in trouble with the law. Bernard has been attending Morgan for the last four years, he has been rob by gun point twice, and there was no full blown investigation. Bernard has made many friends in Baltimore and decided that he wanted to finish school there, he lives off campus, while he attends school and he returns home during summer and spring break. On November 13, 2015, Bernard and a few of his college friends decided that they wanted to go to a college party, as most college students do. Bernard and his friends decided to stop at a McDonalds to get something to eat because they were too early for the party, they got their food and was given a receipt for what was purchased.

As they headed for the party, Bernard and his friend notice that they were being followed by the police, four blocks later the police pulled them over, (racial profiling) had them get out of the vehicle they had them sit on the curve, approximately 10 or 20 min another police car pulled up, and shined a light on Bernard and his friends, impound the car and took them down to the precinct 6 in Towson Maryland. Bernard is known for wearing his hoodies, he is a young college black man and a DJ, why can’t he wear what he wants, meanwhile the person in the car stated that Bernard rob him, because he said that the person who rob him had a hoodie and earrings on,

HOW MANY COLLEGE KIDS WEAR HOODIES. BERNARD AND HIS FRIEND WERE IN ANOTHER PART OF TOWN WHEN THIS ROBBERY TOOK PLACE, THEY NEVER LEFT EACH OTHER SIDE?

Bernard and his college friends who all are black vouch for each other and had a receipt from McDonald as well. The cops took Bernard’s phone and all the boys where released. On March 01, 2016 there was a loud banging on our door and it was the Marshall stating they had a warrant for Bernard arrest, Bernard just got off of work, and was working to prepare to go back to school, the Marshall took my son out of the house like a criminal, even the Marshall felt that something was wrong with this case, and all those who have met my son.

Before all of this my son has been in communication with officer Sean Bissett of Towson Maryland, who stated that he was going to send Bernard his phone back and the case was closed, this officer stated the same thing to my husband, my son had no reason not to believe this officer, he trusted that what he was saying was true, Bernard had no reason to believe that he was in any kind of trouble for something he did not do, and if there was a problem why didn’t this officer who is supposed to protect and serve all people tell him that.

This officer Bissett and the prosecutor’s office set my son up because of the rash of robberies going on in Towson, because my child is a black man who wears a hoodie like every student male in college wears. My son Bernard is now sitting in jail for a crime he did not commit, there has been and injustice against my son, because of the color of his skin, my child has no reason to rob anyone, thats just not who he is, Bernard is very quiet and laid back, he’s very into his music, and writes beats. He has done nothing for anyone just to take his freedom, because of a ride to a college party. He has done nothing to be indicted for a crime he did not commit and is now being held for it.

Bernard is our youngest son, he is my baby and always will be, Bernard is 23 years old, and never been in trouble, he has been raised in the church, and has good value, everyone who meets our son, know he has been raised well, Bernard is an artist in his own right, from the day he was born he had music in his head, and in him, and is able to write, and make his own beats, Bernard’s spends his quiet time writing music and has learned to play the key board on his own, he has an older brother who is in the Army, and twin sister’s in college, he has been raised to believe in the justice system, and lives with both of his parents, who are Elder Elect, and License minister.

We need your help so that this will never happen to another child, helping with Bernard’s legal freedom, and writing letters to stop police from being able to pull our kids over just because there black and wear hoodies, we need your help in getting petition and sending them to Towson in Maryland, for there officer to stop racial profiling our kids, when we are spending out hard earned money to send our sons to school to get an education, which is their right to learn in America. Calling on Al Sharpton, and the NAACP if we have to. We need your help to help us get a full investigation of officer Sean Bissett, to see if he has done this injustice to another black college student just because he wears a badge, that badge should mean something like honor, to protect and to serve all. We need your help to write letters to the senate and to the congress, because this must end today, we need your help and we will sue if we have to, because it our son today it may be your son tomorrow.

We need your help to let people know that our son matter. We are calling for all clergy, and Black lives matter, and mothers against police profiling to stand up for our son and others like him, we need the media to report the truth, and we need all officer who continue to behave in this manner to be fired, we need the good cops to stand against those who don’t deserve to wear the badge of honor. Even though this has happened to my son we still believe in good cops, but we need the good to out way the bad. We need your help to find a good lawyer to represent my son, we need all the donation we can get on Bernard behalf, my heart as a mother is broken because I raised my children different, to believe in what’s right and to do what’s right, and in a matter of seconds an officer of the law, has put something in my child that never existed, I pray that what he has done to mines, doesn’t happen to his, the one thing Bernard has is praying parents who trust in the lord with everything…We pray that what you have done to our son, will never happen to your son or daughter somewhere in life, life is funny, and there’s an old saying watch what you do to others it will come back on you maybe not today or in this manner but it will..

We continue to pray for RACIAL HARMONY amongst Men and women:
Matthews: 10:13 John 13:35, Acts 17:26; Ephesians 2;14

You have made us of one blood, and you have broken down the wall of partition between us if the house be worthy, let your peace come upon it, so we speak peace among people of all races, peace among all nations, peace among all ethnicities, and clam the storm of racial turmoil among your people. Let the church be the example of unity that is possible though CHRIST.

Release: BERNARD DAVIS
KATRINA & Howard Davis