Bad Cops Rule

Bad Cops Run The Police Department

Once again we are exposed to a blatant example of why the police can not police themselves. The incident in question was reported in the Star Ledger Newspaper [New Jersey Section] on December 22, 2005. The newspaper article reported the New Jersey State Police had discovered a Newark Deputy Chief had submitted false information on a gun permit application. Such an act is in violation of the Criminal Code of New Jersey. To say it more bluntly, it’s an obvious crime. Unfortunately the obvious is not always so obvious to the public; especially when you consider the police department ‘spin’ on criminal acts committed by certain protected (or ‘made’) police officers. It is appropriate and necessary to make a closer examination in order to determine how the Newark Police Department failed to detect the false information on the gun permit application, and if this failure is an aberration or just the usual normality.

This writer suggests evidence exists to clearly indicate the Newark Police Department has a history of issuing gun permits to officers who have been convicted of criminal offenses. A clear case in point is former Newark Police Officer Darren Nance. His application for a gun permit was rejected by the Chief of Police in 1996. However, the Newark Chief of Police did issue a gun permit to a Deputy Chief who was convicted of assault. The same police chief issued a gun permit to a lieutenant who was indicted for being a member of a Newark Police stolen car ring. This same police chief, although he did not have legal authority, issued a gun permit to a New York City resident. But Newark’s Chief of Police denied a gun permit to Darren Nance (a Newark resident) who had not been indicted or convicted of any crime.

[Refer to transcripts: Essex County Superior Court of New Jersey Honorable

Kenneth S. Levy, Nance vs. City of Newark, November 1, 1996, evidence documents D-14, and D-15]

The court ruled in favor of former Newark Police Officer Darren Nance. The police department wanted to deny Darren Nance a gun permit because while a police officer he had consistently complained about corruption, racism, and differential treatment in the Newark Police Department. Because of his heroic and ethical stand against corruption, the police department terminated Darren Nance in September 1996. He was terminated for non-criminal ‘administrative charges.’ {Case pending in United States District Court of New Jersey: Darren Nance vs. City of Newark}

The Newark Police Deputy Chief who is the target of this criminal probe was only reassigned. Why wasn’t he immediately fired, or at least suspended without pay? Darren Nance was not involved in any criminal activity and he was fired. That’s a clear case of differential treatment.

The Newspaper article revealed evidence showing this same Deputy Chief was arrested for shoplifting and had a felony conviction. You can make a valid argument that he should not have been hired as a police officer. Was this failure to detect the felony conviction an aberration or once again standard operating procedures?

But now the Internal Affairs Division of the Newark Police Department will initiate an investigation. Should the citizens of Newark believe justice will prevail and they will not be forced to pay the salaries of rouge cops? If the past is any indication of future events, Newark citizens should be gravely concerned. This is the same Internal Affairs Division that could not detect the theft of thousands of dollars from a police fund; committed by a former police director. This is the same Internal Affairs Division that could not detect the existence of a police auto theft ring. Ladies and gentlemen, despite court documents proving differential treatment in the disciplinary system, this Internal Affairs Division has been unable to detect one single incident of differential treatment or the filing of false retaliatory charges. And if you somehow conclude that differential treatment is some minor offense, it is in fact a violation of New Jersey Administrative Law and the violation of United States Constitutional protected rights. In addition, differential treatment and false charges satisfy the elements of Official Misconduct. Official Misconduct is a violation of the New Jersey Criminal Code.

Newark citizens continue to pay the salaries of police officials who consistently fail to detect and arrest Newark Police Officers who break the law. Still, these same officials can terminate the employment of Darren Nance and other honest officers who uphold their legal and ethical responsibilities and report police corruption.

As for this Deputy Chief mired in criminal controversy, expect the normal. He will not be arrested, he will not be suspended without pay, and he will not be terminated. He will retire with a nice pension. Yes it is true, the bad cops rule.

Update: Despite documentary evidence of wrongful acts, Newark Internal Affairs took no action against the Deputy Chief in question. He was not suspended without pay, he was not demoted, and he was not fired. This Deputy Chief is now retired. Yes police crime does truly pay. In Newark, similar to many cities, the bad cops run the police department.

Samuel Clark

Former Newark Police Lieutenant

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