commentary
Police pay, judicial elections and gay rights
Published Thursday, 01-Jun-2006 in issue 962
BEYOND THE BRIEFS
by Robert DeKoven
Last week, District Attorney Bonnie Dumanis and Deputy District Attorney David Rubin discussed efforts by the District Attorney’s Office to prosecute local hate crimes. At a gathering at the Jewish Community Center, they explained how they work with the San Diego Police Department to track hate incidents and reports. The office usually handles at least two hate crimes cases per month; currently it is handling a gay-hate murder case.
Almost as important as the work that they do, Dumanis and Rubin are visible reminders as to how fortunate we are to have the first openly lesbian D.A. in the nation.
And it’s important. Last month, we reported on the death of Vanessa Facen, who was a 35-year-old, HIV-positive, pre-operative transsexual woman. She died following a melee with sheriff’s deputies at the downtown jail.
Our editorial department concluded that “it was obvious that Facen didn’t just happen to die while in sheriff’s custody…. The detailed summary of the night leading up to her death was filled with gruesome reports of the force used against her, which included four shots from a tazer gun, beatings and several doses of pepper spray. Prior to becoming unresponsive, with her arms and legs chained, Facen was sprayed with one last shot of pepper spray, her head was wrapped in sheets, and she was hit in the arm and leg with a baton before being forced face-down on a gurney. Sheriff’s deputies held her down using body weight and force; it was at this moment Facen became unresponsive.”
Twenty-five years ago, when Deputy David Rubin arrived in San Diego, a suspicious death of any GLBT person in custody could have gone unnoticed. Today, because there is a lesbian district attorney, if there is evidence of excessive force or criminal wrongdoing, it won’t be ignored.
Today’s reality is that relations between the GLBT community and law enforcement are very good. Either SDPD Chief William Lansdowne or his liaison will meet with the community to discuss ongoing issues.
The process began with the first openly gay person in law enforcement: David Rubin. Rubin is a candidate for judge on next Tuesday’s ballot. The San Diego Union-Tribune endorsed him two weeks ago.
Prior to Rubin’s arrival on the scene in the early ’80s, relations between this community and local police were strained, to say the least.
As chronicled in his book Breaking Rank, former top cop Norm Stamper describes how beating up gays and lesbians was a sport for cops (in the ’70s). Local prosecutors thrilled at charging gays with any crime.
By being out, Rubin opened the door for others in law enforcement to be openly gay and lesbian. Some who came out became national heroes.
El Cajon Police Sgt. Chuck Merino outed himself and then the Boy Scouts of America (Explorer Program) ousted him from a leadership post, despite his years of service to the group. Merino had united law enforcement support throughout his challenge to the BSA policy.
Former F.B.I. agent Frank Buttino (author of the book Special Agent) battled with the F.B.I. when he was dismissed for being gay.
Bonnie Dumanis came out too, and became a judge and then a D.A.
Today, SDPD only accepts 3 percent of applicants. The screening process is designed to delete homophobic officers.
Once on the force, police engage in community policing. We know many of the officers who have worked in Hillcrest. They know what a hate crime is, they know how to respond to domestic violence in a GLBT household and they usually know the homeless.
Each day they put their lives on the line enforcing laws. Most officers rarely make it to retirement, considering the injuries and the stress. And that’s why local police pay is a gay issue.
SDPD has 1,766 officers, which is 342 fewer officers than budgeted – 153 officers have left the department this year (almost double the norm). The officers are leaving for better pay and benefits offered by neighboring departments.
The union representing the officers sought $9.1 million in pay and benefits, including a request for a 2.5-percent raise. That didn’t happen.
Obviously, with a pension deficit of $1.5 billion, this city has no money to spare. But looking at the funds it expends for frivolous litigation (e.g., defending the cross atop Mount Soledad and the Boy Scouts lease in Balboa Park), one wonders where the city’s priorities are.
Robert DeKoven is a professor at California Western School of Law.
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