Neither Reasonable nor Necessary

(NOTE: This article is the full text of a rebuttal of an Op-Ed which appeared on Sunday defending the Chesapeake Police Department raid on the home of Ryan Frederick submitted to the Virginian Pilot which had to be greatly edited for printing.)

Former Norfolk Police Lieutenant Rue L. Bagwell asserts that the expedited forced entry search of Ryan Frederick’s home by the Chesapeake Police was reasonable and necessary , but those terms have specific meanings against which those actions should be measured.

The Fourth Amendment to our Constitution demands searches be reasonable.

Formal Sentencing for Ryan Frederick

Over the fifteen months since the tragic death of Det. Jarrod Shivers, while serving a search warrant at the home of Ryan Frederick, many questions regarding the means used in obtaining the warrant, the method chosen for serving the warrant and the time allowed for Frederick to respond before forcing entry, have gone unanswered. We were assured those answers would come out at trial, but they did not. On the contrary, all requests for explanations for the serving of warrant is such a confrontational and hazardous manner have been ignored.

So, on February 24th of this year, the Tidewater Libertarian Party asked the Chesapeake City Council for a citizen review of the procedures and policy involved.

The Tidewater Libertarian Party Asks For a Citizens Review Board After the Frederick Case

In the February 25th edition of the Virginian-Pilot, an article featured the Tidewater Libertarian Party request for a Citizens Review Board to assist the Chesapeake Police Department in finding solutions.

The Tidewater Libertarian Party called the shooting death of a Chesapeake detective last January “tragic and avoidable” and on Tuesday night asked the City Council to create a citizen review board to investigate police policies.

“Police take the position that they need not explain their actions,” said Don Tabor, who represents the Libertarian organization. A citizen review board would restore “lost trust” in the Chesapeake Police Department, he said.

Request to Chesapeake Council for Citizen Review

Tonight, I brought the Tidewater Libertarian Party’s request for a citizen review board on the police procedures revealed by the Ryan Frederick case to the Chesapeake City Council. I must have run a bit long, as when I was wrapping up, Mayor Krasnoff asked me to wrap it up. It was hard to read their reaction, I guess we will have to wait and see.

As expected, the Chesapeake Police had someone present to give a rebuttal.

Call to Action, and Change in Timing

The Tidewater Libertarian Party has authorized me to address the Chesapeake City Council to request a Citizen Review of police procedures in the incident leading to the death of Detective Jarod Shivers and the subsequent trial of Ryan Frederick.

It was originally planned that our request would be delivered at the February 17, 2009 meeting, but I have learned that citizen comments are allowed only on agenda items at third Tuesday meetings. So, our request will have to wait until the February 24, 2009 meeting. If we hope to have the City Council act on our request, it will be important that we have a large turnout of support at the meeting.

OK, the Trial is Over, What are we going to do about it?

Not about Ryan Frederick’s fate, that is his attorney’s job, but this trial has left us all at far greater risk than before.

Instead of learning form the experience, the police, if their FOP leadership is typical, feel vindicated in their dangerous tactics. The precedent established by this jury’s verdict will not likely be limited to those who are involved with drugs, so everyone will be inhibited in their willingness to aggressively defend their homes. Criminals engaged in home invasions will be emboldened by the knowledge that those upon whom they prey will have to consider the risk of prosecution if they do not allow criminals to enter their homes before resisting.  So, what do we do to set things right?

Sentence handed down

I just heard on WAVY channel 10 that Frederick was given the maximum sentence of ten years.

John Wilburn’s Account

None of us are safe in our homes if this stands.

Verdict in the Ryan Frederick Trial

As before, I will post John Wilburn’s account when it becomes available. Note that his post will be updated as more information becomes available this evening.

I heard from my son that a verdict had been reached as I was driving from work to the courthouse. I arrived too late to hear it, but John was there and we will hear from him later. The pre-sentencing arguments were in progress when I got there and the courtroom was locked. Sentencing is in the hands of the jury at this hour.

Frederick was found guilty of Voluntary Manslaughter, not guilty of use of a firearm in the commission of a felony, and guilty of possession of marijuana.  The sentencing range

Consequences

While we wait for the verdict, and since the list of comments on Day 10 is getting too long to scroll through, I’ll ask a few questions.

Of course, the consequences of the verdict will be life changing for Ryan Frederick, but what would be the consequences

Ryan Frederick Trial, Day 10

John Wilburn will report in stages this evening, I will post his accounts as they become available.

John’s Report post begins with Jury instructions at 9:35 PM – Part 2 Conway’s closing added 11:10 PM Part 3 Mr. Broccoletti’s closing added 1:45 AM. Ebert’s rebuttal added 2:05 AM

The Judge gave the jury their instructions on the law applicable to this case, and the Prosecution and Defense gave their closing arguments this afternoon. I got there just in time for Prosecutor Paul Ebert’s rebuttal before the jury was sent home for the night. With the prosecution having the last word, it is critical what the jurors will take to bed with them.