The Toronto Star has conducted an extensive investigation and discovered a outrage. Cops lie. I know, shocking, right?
The first time Toronto police Det. Scott Aikman deceived the court, a judge denounced his “misleading” testimony and threw out a cocaine charge against a man.
The second time, Det. Aikman’s story explaining why he and his partner searched a minivan led to the acquittal of four suspects accused of masterminding an international credit-card data-theft ring.
Aikman “either fabricated or concealed evidence” to justify the van search, the judge said. The four suspects, charged with a total of 321 offences, walked free.
The lede is good for a laugh. The first time? Or the first time he got caught? On the other hand, at least the judge didn’t sigh, shut his eyes as tightly as possible and let it happen. In a companion article, the Star describes the problem of how lying police “thwart justice”:
Visibly nervous, papers shaking in their hands, Toronto police officers Jay Shin and Joseph Tremblay testified under oath that they stopped Delroy Mattison’s Chrysler Intrepid on the afternoon of July 18, 2011, because they saw him using a cellphone.
The officers were lying, just not very well.
In Mattison’s trunk that summer day were a stainless steel .357 Smith & Wesson revolver and 31 bullets. Mattison, who had a previous conviction for armed robbery, was on his way to a drug deal. Under the law, these officers needed a reason to stop and detain Mattison. Without one, they would never have found the gun.
The problem is they never seized a cellphone or noted the existence of one in paperwork filled out at the scene.
The message sent is significantly different than the message received. Rarely do we find officers “visibly nervous, papers shaking in their hands.” If only this was the case. The cops who is nervous is either a rookie or suffering from bad sushi. The norm is clear, concise testimony presented with assurance and aplomb. It just happens to be a complete lie, but they feel no qualms about the fabrication as they are certain they are on the side of truth and justice. After all, the defendant is guilty and it’s their job to make sure he gets convicted. What’s another lie to make justice happen?
The irony is that we rely on oaths, as if we are still living in the Victorian era. Police officers take an oath of office, swearing to uphold the Constitution and the laws of their jurisdiction. On the witness stand, they swear to “tell the truth, the whole truth, and nothing but the truth.” And we, in our manifest naïveté, pretend that means they’re going to tell the truth.
Because why? They will feel just horrible for lying on the stand? They won’t sleep that night? They will have betrayed the higher being who guides their moral compass? Grow up.
A nationwide Toronto Star investigation shows judges are frequently finding that police officers lie under oath. The dishonesty comes with little consequence to the officer, particularly in provinces such as Ontario where there is no law or policy requiring a prosecutor or police force to investigate the courtroom conduct.
This is what passes for shocking news in the 51st State.
“The credibility of a police officer is sacrosanct. Our entire profession is based on the principle that police officers will act and be held to a higher level of accountability,” [Edmonton Police Chief Rod] Knecht told the Star. “Every instance of deceitful behaviour damages the collective reputation of police everywhere. Once damaged, that reputation is hard to restore.”
See how easy it is to say the right words, like sacrosanct? By reassuring everyone that he would never, never, tolerate deceitful behavior, we can all breath a deep sigh of relief, confidant that the problem is solved.
Of course, it’s not always easy to know that a cop lied, even when some point-headed liberal judge says so.
At the Toronto force, Chief Bill Blair would not be interviewed. His spokesman, Mark Pugash, accused Star reporters of bias and said “your story cannot be taken seriously.”
“A judge can comment on anything he or she wishes. Such comment, however, does not amount to a finding of guilt,” Pugash said. “The criminal justice system works on evidence, on examination, cross-examination and decision. It does not work on throwaway comments unsupported by evidence.
“You either don’t understand, or you don’t want your readers to understand, the fundamental distinction between a judge’s comments and a judge’s rulings.”
No reason to note the curious juxtaposition of the ease with which the guilt of defendants is assumed, while a cop lying is unprovable in the absence of video from twelve separate angles plus the Pope as a witness. But then, that’s because the credibility of cops is sacrosanct.
To its great credit, the Star’s series raises the public consciousness of two perpetual and foundational problems with the criminal justice system, that cops lie and that nothing is done about it. At best, the occasional defendant walks, which hardly provides much of an incentive to the police witness to tell the truth since he doesn’t suffer personally from the outcome and doesn’t change the outcome for the 100 times he got away with it.
On the bright side, this comes from Canada. It’s not like it could ever happen in the United States, where we have the best legal system ever conceived. I know this because it says so over the door. Aren’t we exceptional?
H/T Canadian Olympic curling hopeful, Ed at Blawg Review.
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When I first read the article yesterday I couldn’t help but recall this scene from Casablanca:
Captain Renault: “I’m shocked, shocked to find that gambling is going on in here.”
Emile: “Your winnings, sir.”
Captain Renault: “Thank you very much.”
I can’t wait to open my Toronto Star over the coming days to read more multi-part series on the stupendously obvious.
Something like:
It snows in Canada: When did this happen and what’s being done to stop it?
Canadians love Hockey: Who knew?
And here I’m trying to be more positive about it so as not to offend (yet again) my sensitive Canadian friends.
I’m good. I inhabit that sliver of Canada that wants to be offended and to offend. We’re trying to change Canada’s motto from “A Mari usque ad Mare” to “Offendere a Mari ad Mare”
“The norm is clear, concise testimony presented with assurance and aplomb.”
Yes, unfortunately all too many are (or become) sociopaths. Very hard to tell they’re lying. Kinda like politicians.
I would like to chalk it up to sociopathy, but I think it’s fare more fundamental. The ends justify the means. And really, does anybody think that people tell the truth just because they swore they would?
“The ends justify the means”
Before I became a defence lawyer I was a prosecutor. Most every conversation I had with a police officer was peppered with “bad guy” this and “bad guy” that. Presumption of innocence and duty to tell the truth were to quote Col. Jessep from A Few Good Men, “used as a punchline”.
The ability an officer has to walk into court and lie his or her ass off with a straight face while standing ramrod straight in their nicely pressed uniform is the end product of a culture that promotes doing whatever is necessary to “get the bad guys”. In that officer’s mind any set-back in that pursuit is only because of technicalities and weak hug-a-thug judges. Breaking through that mindset is pretty much impossible. That is why The Toronto Star series although filled with good intentions is ultimately on a fool’s errand. The idea that a couple of articles are going to shame the police into telling the truth is naive.
As far as shaming the cops, of course it’s a fools errand. But as far as making the public more aware, and perhaps shaming a judge or two for being tools, it’s worth it.
No, it’s because they’ll get charged with perjury if they’re caught lying.
What? They won’t get charged with perjury? Oh, never mind, then.
I know! It’s because the prosecution can’t ethically use a witness known to be unreliable. Right?
No?
I’m out of ideas. Maybe guilt should be determined by a coin toss instead. Heads the prosecution wins, tails the defense loses. It would be cheaper and more efficient.
A coin toss would be 50% and that would not be accepted. If you used a spinner with a card with 95% guilty sector and 5% innocent sector they might go for that.
Does anyone, anywhere actually believe that the police DON’T lie? Seriously, everyone I know thinks they are pathological liars. Lots of TV shows represent cops as bald-faced liars. Defense attorneys I have known dismiss them as lying stooges. Even prosecutors are careful about which police they put on the stand (because of past lies on the stand). Who, other than the police themselves, says the police are nothing but a pack of liars?
Sorry – “anything but a pack of liars”
We all tend to live in something of an echo chamber, where our ideas come back at us from our friends, those we read, hear and listen to. But there’s a big old world out there, made up of people who think differently, if they think at all. Nice folks, but unconcerned. And even if they believe that cops sometimes lie, they either don’t quite believe or don’t really care too much. After all, knowing there are cops out there lets them sleep at night. Criminals, not so much.
And there are a lot more of them than us.
I hope that by 51st state, you are referring to Ontario or, possibly, just Toronto, which basically wants to be American anyways. You are welcome to them, though you will have to accept responsibility for the hapless Maple Leafs hockey team.
That said, the amount of deference to police officers by prosecutors and the Courts is mind-numbing. One would think that police officers would be held to a higher standard, given the oppressive power of the State, if anything, than lay citizens, but the opposite appears to be true in most cases. He said versus Officer said = conviction.
Yes, unfortunately the “sheeple” rule this cunt-ry.