Pubdate: Sun, 13 May 2001 Source: Tulsa World (OK) Copyright: 2001 World Publishing Co. Contact: http://www.tulsaworld.com/ Details: http://www.mapinc.org/media/463 Author: Ziva Branstetter OHP Settles Suit With Army Sergeant Highway Patrol Accused Of Singling Out Black Motorists For Traffic Stops, Drug Searches The Oklahoma Highway Patrol has settled a federal lawsuit by a black Army sergeant and the ACLU that alleged the agency engaged in racial profiling, but a court order permits the patrol to keep terms of the settlement secret. A spokesman for Gov. Frank Keat ing said the terms should be made public if the settlement involves public funds. The agency also sought and received a court order to seal numerous records dealing with the case. The order allows records to be destroyed after the lawsuit concludes. Also, court records show several troopers sued in the case failed to record the race of out-of-state drivers they ticketed in nearly every case. The troopers were assigned to the special operations troop, which is trained to intercept drug traffickers. The American Civil Liberties Union filed the suit May 18, 1999, on behalf of Sgt. 1st Class Rossano Gerald and his then-12-year-old son, who are black. The suit claims that the OHP singles out black drivers for traffic stops and drug searches based on a drug courier profile." Public Safety Commissioner Bob Ricks has vehemently denied the charge, saying there is no pattern of racial profiling within the OHP. Ricks could not be reached for comment and an attorney for the OHP declined to comment. Gerald, a decorated veteran of Operation Desert Storm, was stopped and detained for more than two hours by the OHP while driving through Oklahoma on Aug. 13, 1998. The suit claims troopers repeatedly searched his red Nissan 300 ZX after stopping him on Interstate 40 near the Arkansas border. It states that Gerald and his son were placed in a sweltering patrol car and that troopers caused more than $1,000 in damage to the Geralds' car before letting them go with a warning ticket. The lawsuit claims the OHP and the four troopers named violated the equal protection clause of the Constitution, conducted an unreasonable search and seizure and engaged in race discrimination. While U.S. District Judge David L. Russell dismissed most of the claims in the case, a trial was set to begin Monday on the remaining claims. Those claims apparently dealt with whether the Geralds were subject to an illegal search and seizure, a violation of the Fourth Amendment. The suit names the patrol and troopers Branson Perry, Russell Knoke, Bob Colbert and Jim McBride. Court records show the case was settled April 19 and that Russell issued an order Thursday to "disburse settlement proceeds." The order was filed under seal, records show. Reginald Shuford, an ACLU attorney based in New York, said he could not comment on the specifics of the settlement. Shuford was one of several attorneys who brought the lawsuit, which was later joined by the state NAACP chapter. "This case is resolved to the mutual satisfaction of all parties concerned," Shuford said. The lawsuit sought unspecified damages. It also sought to force the OHP to begin collecting data on all stops conducted, including the person's race and whether or not a search was conducted. Increasingly, police departments and highway patrol units across the nation have begun collecting data to examine the issue of racial profiling. Several states have passed laws requiring such data collection. Last month, the Texas Legislature became one of the latest to approve a data collection bill. While a law passed in Oklahoma last year outlaws the use of race as a determining factor in traffic stops, it does not require authorities to collect data on the races of people they stop and search. A study submitted in the Gerald lawsuit showed that the special operations troop issued just under 12 percent of its warning tickets to black motorists. In 1999, about 7 percent of Oklahoma's population was black and over the driving age, court records state. Evidence submitted by the plaintiffs also showed that the special operations troop issued 85 percent of its warning tickets to motorists with out-of-state license plates. During a five-year period studied, "Trooper Perry failed to designate the race of the driver of the out-of-state licensed vehicles 99.5 percent of the time," court records show. "During the same period, 52 percent of the citations Defendant Colbert issued were to motorists driving out-of-state licensed vehicles, less than 1 percent of which were white. Defendant Colbert failed to designate the race of the remaining out-of-state motorists to whom he issued citations, nearly 100 percent of the time." There was little or no disparity in citations given to black motorists from Oklahoma by the four troopers named in the lawsuit, records state. An expert report submitted by Dr. John Lamberth concludes that: "I am not able, based on statistical evidence, to determine ultimately whether the Oklahoma Highway Patrol in general or Troop SO in particular are targeting minority motorists to stop and search, even though the data on citations and contact reports issued by Troop SO as well as data on citations issued by the rest of the Oklahoma Highway Patrol, are consistent with the proposition that Troop SO of the Oklahoma Highway Patrol is targeting minority motorists." An order by Russell states that the Geralds failed to prove racially disparate treatment by the OHP, in part because there are no statistics that address how often the OHP stops and searches blacks versus whites. Some exhibits and documents in the case are sealed due to a protective order requested by the Department of Public Safety. Russell granted the order Sept. 12. The Department of Public Safety "seeks a protective order on the grounds that certain policies and training documents are confidential and should remain so as public dissemination could threaten the safety of law enforcement officers and the public," the order states. The ACLU and Gerald objected to the request as "overly broad, because it allows defendants to designate most categories of documents as confidential." Robert McCampbell, an Oklahoma City attorney hired by the Department of Public Safety to defend the lawsuit, declined to discuss the case in detail. He said it is not unusual that the terms of the settlement have been sealed. "It happens all the time that agencies enter into confidential settlement agreements," said McCampbell, who has been nominated as the new U.S. attorney for the Western District in Oklahoma. Gerald Adams, a spokesman for Attorney General Drew Edmondson, said any payment to settle the suit would be a public record if it involved public funds. "If it's from a private source, such as an insurance policy, then it would not be," Adams said. Dan Mahoney, a spokesman for Keating, said the governor is not aware of the settlement terms. Keating was originally named in the suit, but Russell later dismissed him from it. "The governor fully supports that if public money is involved, the terms of the settlement should be made public." When asked about the OHP's request to seal documents in the case, Mahoney said: "The governor has faith in Commissioner Ricks. . . . We would defer to Commissioner Ricks' judgment on that." - --- MAP posted-by: GD