Pubdate: Thu, 12 Oct 2000 Source: New York Times (NY) Copyright: 2000 The New York Times Company Contact: 229 West 43rd Street, New York, NY 10036 Fax: (212) 556-3622 Website: http://www.nytimes.com/ Forum: http://forums.nytimes.com/comment/ Authors: David Barstow and David Kocieniewski RECORDS SHOW NEW JERSEY POLICE KNEW OF RACIAL PROFILING IN '96 Until 1999, the New Jersey State Police flatly denied that troopers engaged in racial profiling. But as early as 1996, the agency's own internal audits had turned up evidence of widespread profiling along the New Jersey Turnpike, newly released police records show. Despite that evidence, senior commanders rejected aggressive steps to end the problem, the documents show, and instead pursued a strategy of withholding information from federal civil rights prosecutors. The apparent abuses revealed by the audits were so glaring that the chief of internal affairs for the State Police recommended creating a formal "racial monitoring program" that would have subjected troopers who stopped high numbers of minority drivers to counseling and discipline. But the superintendent of the State Police rejected the idea. "No!" the superintendent, Col. Carl A. Williams, wrote on an October 1996 memorandum proposing the monitoring program. Two months later, confronted by a United States Department of Justice inquiry, he and his staff began a campaign of damage control, the documents show. "We have consistently attempted to limit what we will be giving the Department of Justice," Sgt. Thomas Gilbert, a central adviser to Colonel Williams on racial profiling issues, wrote in a memorandum that portrayed the federal inquiry as a witch hunt "obviously intended to make us look bad." According to one document, the strategy to limit the release of information was discussed by Gov. Christine Todd Whitman's attorney general at the time, Peter G. Verniero, who has since been appointed to the New Jersey Supreme Court. Later this month, the state of New Jersey is expected to make public 50,000 pages of State Police records related to racial profiling. But many of those records have already been turned over to lawyers suing the State Police, including about 11,000 pages recently obtained by The New York Times and ABC News as part of a joint reporting project. This collection of audits, radio and patrol logs, training materials and internal correspondence offers the first detailed look at how the New Jersey State Police responded to persistent allegations that its troopers were stopping people based on skin color and ethnicity. Taken as a whole, the records show a State Police force that confronted a serious problem, measured its deepening severity and then repeatedly failed to take firm action to stop it. Instead, senior officers expressed concern for the image of the State Police and apprehension about how police unions would react to potential corrective measures. They were quick to brush aside complaints of racial profiling from minority troopers, and they frequently worried that heightened scrutiny would dampen enthusiasm for their highest enforcement priority: intercepting drugs on highway smuggling routes. Colonel Williams, fired by Governor Whitman in 1999, did not respond to repeated telephone messages left at his home and with his lawyer seeking comment. An aide said that Mr. Verniero would not comment. A complete assessment of the actions of Colonel Williams and Mr. Verniero may not be possible until more State Police records are released. The 11,000 pages released so far do not include, for example, memorandums to or from either Governor Whitman or Mr. Verniero, who, as attorney general, supervised the State Police. Those documents may be among the thousands of profiling records that state lawyers have claimed are exempt from disclosure. But the absence is notable because racial profiling was an explosive political issue, and New Jersey's governors have traditionally exercised tight control over the state bureaucracy, including the State Police. Peter McDonough, a spokesman for Mrs. Whitman, said yesterday that the governor had cooperated fully with the Justice Department inquiry into the State Police. Furthermore, he said, the governor was not aware of any evidence of racial profiling until early 1999, when she learned the results of a review that she herself had ordered. "What the State Police knew and when they knew it I can't speak to," he said. "I don't have any knowledge of it. I do know what the governor knew." William H. Buckman, one of the lawyers suing the State Police, contended yesterday that Colonel Williams's emphatic "No!" in 1996 was a missed opportunity that ended up haunting the State Police on April 23, 1998. That was the day two white troopers fired 11 shots at a van they had stopped on the New Jersey Turnpike, wounding three of the four unarmed black and Hispanic occupants and setting off a national furor over racial profiling. Lawyers for the troopers, who are charged with attempted murder, say they fired in self-defense when the van began backing toward them. Had Colonel Williams embraced comprehensive racial monitoring in 1996, Mr. Buckman said, a red flag probably would have gone up with both troopers. Of the 70 people they arrested in 1998, the records show, 56 were black. "A different choice might have spared not just those kids in the van, but thousands of innocent drivers who suffered the indignity and humiliation of being stopped because of the color of their skin," Mr. Buckman said. A year after the shooting, Mr. Verniero reversed years of denials by state leaders and announced that a review team from his office had concluded that racial profiling "is real, not imagined." In tough questioning before the State Senate, Mr. Verniero said that the potential existence of profiling "crystallized" in his mind only after the 1998 van shooting prompted his office to examine turnpike stops, searches and arrests. Yet according to the records, senior members of the attorney general's office were involved in the first efforts by the State Police to uncover evidence of racial profiling. Those efforts began in the spring of 1996, weeks after a Superior Court judge had found State Police commanders responsible for tolerating a de facto policy of racial profiling. Publicly, the commanders proclaimed innocence. They asserted that the judge, Robert E. Francis, a former prosecutor, had been led astray by flawed statistics. But privately, according to the State Police documents, they expressed serious doubts. In their correspondence that summer, questions poured forth. How bad was the problem? Was profiling a perception or a reality? To get answers, they ordered internal audits, and they also began to assemble a racial database of all the drivers arrested by each of the eight troopers whose conduct was at issue in Judge Francis' ruling. By fall, the first numbers were in. They were even worse than critics had alleged. During three years on the New Jersey Turnpike, for example, 84 percent of 764 people arrested by the eight troopers were members of minority groups. According to meeting minutes, officials from the attorney general's office were present at meetings in 1996 when audits were discussed. During a State Police meeting in April 1996, for example, Deputy Attorney General John Fahy raised the need to gather racial data on the arrests of the eight troopers in Judge Francis' case. "If this review uncovers substantial problems," a memorandum stated, "it would be recommended that additional thought be given to proceeding with the appeal." Sworn in as attorney general in July 1996, Mr. Verniero has testified that he was briefed on the case soon after he took office, and that he authorized that the appeal be continued. By the end of 1996, with the Justice Department starting its inquiry, the internal audits had begun to produce some disturbing results, and not just about the eight troopers. Internal affairs investigators, for example, examined 160 searches by troopers at the Moorestown station in Burlington County during parts of 1994 and 1996. Eighty-nine percent involved minority drivers. They pulled records on 35 searches performed by five troopers at the Cranbury station in Middlesex County. Thirty-three were on minority drivers. They looked at a year's worth of arrests at the Perryville station in Hunterdon County. Of 171 people, 91 were members of minority groups. "The numbers are not good," Sergeant Gilbert wrote in early 1997 in a memorandum to Colonel Williams. But according to several memorandums, State Police officials were worried that this information would give Justice Department investigators ammunition to expand their inquiry and, as Sergeant Gilbert described it, "jam a monitoring system of their choosing down our throats." To avert a sweeping investigation that might reveal "unpleasant surprises" throughout the State Police, Sergeant Gilbert wrote, commanders decided to turn over traffic stop data for just two stations on the New Jersey Turnpike. This was thought to be the safest response because both stations, in Moorestown and Cranbury, had already been criticized by Judge Francis for racial profiling. The strategy was raised with Mr. Verniero, according to Sergeant Gilbert's summary of a discussion on Jan. 10, 1997, between Mr. Verniero and Colonel Williams. "Decision reached to restrict production of data to Moorestown and Cranbury stations," Sergeant Gilbert wrote. A State Police spokesman said yesterday that Sergeant Gilbert would not comment. Chuck Davis, a spokesman for the attorney general's office, said there was no attempt by that office to restrict information sent to the Department of Justice. "There was a cooperative negotiation with the Department of Justice after which we sent all the information that the attorney general's office had," he said." State Police commanders were quick to produce records that showed how they had warned troopers for years not to engage in racial profiling. If anything, the warnings intensified after Judge Francis' ruling. "The Division of State Police does not, and will not, condone or tolerate any type of racial profiling," Colonel Williams said in a message sent to all trooper stations days after the judge ruled. Troopers were sent to training classes on cultural diversity and traffic stops, and State Police bulletins left little room for misinterpretation: "The race or ethnicity of a suspect, in other words, may play no part in an officer's decision to act," explained the New Jersey State Police Search and Seizure Review in the fall of 1996. But despite the warnings and internal audits, evidence of racially biased treatment continued to mount, in some instances worsening. In 1996, blacks made up 51.6 percent of those searched by troopers at the Cranbury and Moorestown stations, the records show. By 1998, the number of searches carried out by the same two stations had nearly doubled, and blacks made up 54.9 percent of those searched. In 1998, the documents show, there were still dozens of troopers on the turnpike who were arresting three, four and five times as many minority drivers as white drivers. For all the stern condemnations of racial profiling in 1996, there were few actions to back the words. In fact, some senior officers clearly viewed the internal audits mainly as public relations gestures. "Continued use of the audit process will enable the division to deflect further outside criticism concerning its perceived lack of prior effort addressing patterns of enforcement," Sergeant Gilbert wrote in a memorandum to Colonel Williams. There is no evidence in the available documents that audit results were used to punish troopers. From the start of 1996 to the end of 1998, the Internal Affairs Bureau investigated 49 complaints that troopers had treated someone unfairly because of race, age or sex. One complaint was substantiated. In 1996, the records show, at least a dozen black or Hispanic troopers reported widespread profiling abuses at the Moorestown station. They described troopers using their spotlights to determine the race of drivers at nighttime. They told of troopers describing the race of the driver as unknown to avoid creating a damning paper trail, and of white troopers waving off black troopers who arrived to provide backup. "No information or evidence was developed against any specific division member to support this perception," the Moorestown station commander wrote in dismissing their allegations. Troopers had long been under standing orders to radio in the race of each driver they stopped for safety and monitoring purposes. But the order was widely ignored, a fact that Judge Francis found unusual for a military-style organization that routinely reprimanded troopers for minor infractions. Because of the judge's ruling, the State Police sent out several edicts reminding troopers that calling in the race of drivers was mandatory. Compliance improved, but troopers still failed to obey the order in thousands of stops, the audits show. More broadly, there is ample evidence in the documents that troopers had long been exposed to mixed messages about racial profiling. For many years, the State Police encouraged troopers to consider race and ethnicity when deciding whether to stop motorists, the documents show. This happened as the State Police, at the direction of several governors and attorneys general, increasingly focused on highway drug arrests. >From 1987 to 1992, for example, the State Police operated a Drug Interdiction Training Unit, 10 elite troopers who trained hundreds of other troopers in spotting drug couriers. One training plan written by a unit supervisor offered this tip-off for recognizing drug courier drivers: "Hispanics mainly involved." An undated training document listed "occupant identifiers" for possible drug couriers: "Colombian males," "Hispanic males," "Hispanic male and a black male together." Those who carried cellular phones, displayed antidrug bumper stickers or engaged in "friendly dialogue" were also suspect. After a 1989 television news report alleged racial profiling on the turnpike, a confidential memo was prepared to help the State Police superintendent at the time, Clinton L. Pagano, respond. The memo summarized drug intelligence reports, many from federal agencies, that described major drug networks dominated by Colombians, Jamaicans, Cubans and Dominicans. "Therefore," the memo concluded, "New Jersey's road troopers should necessarily be encountering and arresting a significant number of black and Hispanic criminals." By the late 1990's, the documents show, references to race and ethnicity had been removed from training materials. But the State Police continued to receive intelligence reports that put drug dealers in broad racial and ethnic categories. A 1998 report, prepared by the Newark office of the United States Drug Enforcement Administration, described local heroin traffickers as mainly from Colombia, the Dominican Republic and Nigeria. Colonel Williams was fired by Governor Whitman a year later for saying much the same thing in an interview with The Star-Ledger of Newark. - --- MAP posted-by: Don Beck