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July 23, 2011 in City
Shawn Vestal: Dismissal of detective sheds light on ‘Brady officer’
They call them “Brady officers.” If you ever find yourself arrested, they’re the ones you want to catch you.
A Brady officer is a cop with a record of untruthfulness. On a witness stand, they could be a defense attorney’s dream. If a prosecutor gets a criminal case filed by a Brady officer, that officer’s record is “discoverable” – meaning it should be turned over to the defense as exculpatory evidence.
Among the many reasons police Chief Anne Kirkpatrick cited for firing Detective Jeff Harvey – a list that is breathtaking in its comprehensive inclusion of all the ways we’d prefer that police not behave – was this one: He qualifies amply as a Brady officer.
In other words, the city of Spokane was paying him almost $100,000 a year to be a source of reasonable doubt for defendants.
The Brady factor was mentioned only in passing in the letter from Kirkpatrick and City Administrator Ted Danek discharging Harvey. The letter details his history of excessive force, reprimands and suspensions, and truculent, pain-in-the-butt behavior. The last straw was the filing of obstruction-of-justice charges against Harvey over a confrontation with a fish and game officer.
I can’t find any indication that his Brady-ness ever actually became an issue in court. But the potential was there, and it was among the best reasons Kirkpatrick had for sending the 25-year veteran packing.
Harvey has filed a $10 million claim against the city, alleging that his constitutional rights to due process were violated. But given his long record of bad behavior and the seemingly bottomless well of second chances he received, the only question is why he wasn’t gone sooner.
The Brady v. Maryland decision in 1963 was a landmark for due-process rights; the Supreme Court found that prosecutors cannot suppress information that might be favorable to an accused criminal’s case. This can include evidence about the credibility of an officer testifying in court.
Here’s what Police Chief magazine had to say about that: “Indeed, evidence that the officer has had in his personnel file a sustained finding of untruthfulness is clearly exculpatory to the defense.”
Harvey has two such findings. In 1991, he was suspended for a week after he called in, claimed to be sick and went hunting, according to the chief’s letter. At that time, the chief of police, Terry Mangan, warned Harvey if he didn’t straighten up he could lose his job.
Less than 18 months later, Harvey was again suspended, for making false allegations about a supervisor. Mangan again warned him: Any “serious lapses” would lead to his “probable termination.”
“These two events alone would qualify you as a ‘Brady officer,’ ” Kirkpatrick wrote.
Through a spokeswoman, Kirkpatrick said this week that she was just pointing to a possible problem – not indicating that it had become a concrete issue during the two decades since Harvey donned the Brady jacket.
I couldn’t raise prosecutors to talk about how Brady works here; a defense attorney said it was a potential problem, but he couldn’t think of cases here in which an officer’s credibility had been challenged in that way.
A Seattle Post-Intelligencer investigation in 2008 found that few prosecutor’s offices maintain lists of Brady cops, and that officers found to have lied in an official capacity – supposedly the profession’s cardinal sin – often keep their jobs.
Former Spokane County Prosecutor Don Brockett said the former detective’s personnel record could absolutely have become a problem at trial.
“I think it’s amazing we’ve gotten to the point where an officer … has been allowed to get away with so many things over the years without being fired,” he said. “What if he (investigates) the Big Case and the Big Case gets thrown out?”
Harvey’s attorney, Bob Dunn, said incidents from 20 years ago have been superseded by Harvey’s long career since, including the awarding of a Medal of Valor for bravery in the line of duty. Harvey shot and killed an armed suspect in 1993, ending a standoff at a surplus store.
Dunn says Kirkpatrick cavalierly ignored Harvey’s due-process rights by presiding over the hearing at which he was to give his defense, instead of having an independent hearing officer; by releasing details of his personnel file without notifying him and allowing him an opportunity to object; and by rushing to judgment before his criminal case on the obstruction charge is complete.
Dunn is a good advocate, and he argued that people shouldn’t rush to judge Harvey until he’s had a chance to tell his side of the story. He’s innocent until proven guilty, after all.
But he might be innocent of the criminal charge, while being guilty of unprofessional behavior. That’s the judgment Kirkpatrick has made, and she’s supported it well. In his complaint to the city, Harvey says the accusations that he refused to cooperate with the fish and game officer were contrived and spurious; the investigation was negligent and biased; he was denied due process; and Kirkpatrick was retaliating against him for being a union officer.
In other words, Harvey asks us to disregard the word of a lot of people – the fish and game officer, a prosecutor, internal affairs investigators, the administrative review panel, top department officers and city officials who reviewed the audiotape of the incident – and to accept his.
He may be right. But I hope we get more than his word to go on.
Shawn Vestal can be reached at (509) 459-5431 or shawnv@spokesman.com. Follow him on Twitter at @vestal13.
The draw of the unknowable 
Orphan on July 23 at 7:47 a.m.
Cops are taught to lie to suspects to get info out of them. They will say things like if you just tell me what happened, be honest now and I will let you off. I am wondering if the F&G officer did something like that to Harvey and he fell for it.
The fact that there is a term for officers that are untruthful is very telling.
This guy is a drt bag and should never be employeed in law enforcment again.
lewis8457 on July 23 at 8:46 a.m.
Harvey is what is wrong with the SPD and SVPD, too many bad officers i just given a slap on the hand and let back out on the streets to beat folks that do Obey the law.
D Statler on July 23 at 9:20 a.m.
Spokane and Spokane Valley’s police forces are full of this calibur of detectives and officers. They are given promotions to get them out of patrol cars. Look at the practices of the drug task force in general. Passing out drugs for info is still passing out drugs. It is illegal, period! Hiding and misappropriating funds is illegal ! We are no safer with these cops on the street. Leadership starts from the top. There can be no change if Spokane and Spokane County’s elected officials keep their heads burried in the sand. Politically,how much power does the guild really posses?
brianrbreen on July 23 at 10:06 a.m.
Thank you for the article explaining “Brady Officers” (“Henthorn Cops”). I am positive that had Harvey been the investigator in a case handled by one particular Spokane Law Firm a “Henthorn Request” would have been made. I am aware that the defense bar in Spokane unlike other areas seldom does Henthorn requests. Now that Chief Kirkpatrick has publically acknowledged that a “Brady officer” was allowed to work in a position requiring testimony under oath, the onus is on her to provide the Spokane County Prosecutors Officer with a list of other “Brady officers,” as I suspect defense attorneys will be utilizing Henthorn requests on a more frequent basis. Mr. Brockett is absolutely correct in his assessment and the need for the Spokane Police Department and the Sheriffs Office to deal with the Henthorn issue is important.
Unfortunately, for the all of the great officers on the SPD, this case, because of the way it was handled may end up being another black eye that will take some time to overcome.
DickAdams on July 23 at 11:17 a.m.
The story shows without a doubt, the lack of supervision in the SPD for many years. Even today, Verner, et al, waited years before doing anything about this trouble maker. It may be posturing by Verner re her run to be reelected. If the voters let Verner`s lack of leadership run the Lilac City another term, you can bet on one thing. Verner will try her best to spend $36 million for trolleys and may look more like Chrystal Gayle.
Ed Byrnes on July 23 at 11:42 a.m.
The unfortunate thing is that this thug, who has no regard for honesty or the basic rights of others and is trying to use the constitution now that it’s convenient for him, besmirches the public image of all LLE. Although I know that most LEOs are upstanding and honest people, frankly I do not blame the civilian public for a disbelief in LLEs ability to police their own ranks. The recent actions of the guild unfortunately reinforce this perception.
I for one am teaming up with PJALS and bringing all of my USDOJ and experience with courts, corrections and LLE agencies from other jurisdictions to bear on creating unrelenting pressure for our local political leaders to force accountability and transparency measures that include citizens on our own LLE. I strongly encourage all of my fellow civilians to join these efforts.
Our community has endured enough of this shameful status quo.
Ed
brianrbreen on July 23 at 11:09 p.m.
@ebyrnes
When you take a good look at the history in this case, and what could very well happen in the present case. I hope you understand why the good cops are so reluctant to step up.
ChefGus/ John Olsen on July 24 at 6:51 a.m.
Unusual aggressive male behaviour ( and for some females taking “Estratest”) is readily explained by use of testosterone supplements and anabolic steroids used in body building and physical training. Testosterone generally gives one a sense of invincibility and power that is not so present at normal blood levels. A simple inexpensive blood test for this is available and could resolve questions around aggression we are seeing so frequently. John
Ed Byrnes on July 24 at 1:25 p.m.
Brian,
I fully understand why the solidly good officers, who are in the overwhelming majority, are reluctant to step up. It appears to be current and historical inept leadership that contributes to problems of failure of discipline, eroded public trust, and most sadly, reduced officer morale. My push for greater transparency and accountability is aimed at correcting what current and past leaders have failed to address.
Ed
Ed Byrnes on July 24 at 1:26 p.m.
To clarify, I cannot fully understand since I am not an LEO, though what I do understand is that it’s clear that line officers who come forward have no reason at all to believe that administrators will be supportive or protective of them for doing the right thing.
Ed
brianrbreen on July 24 at 4:34 p.m.
@ebyrnes
How do you think the good cops feel about this statement?
“Through a spokeswoman, Kirkpatrick said this week that she was just pointing to a possible problem – not indicating that it had become a concrete issue during the two decades since Harvey donned the Brady jacket.”
I guess in the Chief’s world a record of dishonestly is just a “possible problem” and doesn’t become a “concrete issue” until someone finds out about it. What ever happened to “Lie you die”? Apparently that only applies to some and not all. In well lead departments cops with a histroy of dishonesty are relegated to counting paper clips not only to protect the integrity of the department but also to protect it from civil litigation.
I would bet that the Chief, the City Administrator, City Legal, and the Mayor now realize how poorly crafted the termination letter was, how many legitimate questions about the department will arise from it, and what a mistake it was to terminate Harvey and make the termination letter public prior to having his day in court. Did they think about how it might taint his jury pool and force the prosecutor to argue a change of venue motion. Some of the good cops are wondering if that wasn’t exactly the intent.
Even the vast majority of good cops who have nothing but distain for Harvey are asking themselves. “If I screw up, am I going to get a fair shake?
Some of those good cops are wondering what the City’s Plan-B is should Harvey be aquitted (a real possibility), what kind of a precedent that will establish, and how much of the public outrage will reflect upon them.
The good cops aren’t happy with Harvey, but at the same time they aren’t happy with their leadership and you can’t blame them.
Ed Byrnes on July 24 at 8:41 p.m.
Brian,
I cannot add anything to what you have written except that I agree with your assessment and appreciate your candor.
Ed