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NAPO URGES PRESIDENT CLINTON TO RESCIND CLEMENCY OFFER NAPO urged President Clinton to rescind his recent offer of clemency to imprisoned members of a violent terrorist group, the Armed Forces of National Liberation, known by its Spanish initials, FALN.  FALN members are known to have staged 130 bomb attacks against U.S. military and civilian targets from 1974 to 1983.  During the FALN’s New Year’s Eve bombing in 1982, three New York City detectives – Anthony Senft, Richie Pastorella, and Rocco Pascarella – were severely maimed in two separate incidents.  Among other serious injuries incurred, Det. Senft lost an eye, Det. Pastorella was rendered completely blind, and Det. Pascarella lost his leg. “With all of the tragedies the world has recently endured – from the destruction of the World Trade Center in New York City … to the bombing of the Alfred P. Murrah Building in Oklahoma City … to the horrific carnage resulting from the leveling of the American Embassy in Nairobi, Kenya – it is absolutely unbelievable that the White House would be granting pardons to any FALN terrorists,” wrote Thomas J. Scotto, president of both NAPO and the Detectives’ Endowment Association of New York City, in a letter to President Clinton dated August 20, 1999. “President Clinton has always responded favorably to the needs of the law enforcement community and we firmly believe he’s been ill advised on this matter,” said President Scotto speaking to the media.  “We implore him to reconsider his current position, and we recommend that he allow the sentences for these terrorists to stand.” However, at press time, all but two of the nationalists accepted President Clinton’s offer of clemency.  The offer created a political firestorm for President Clinton and First Lady Hillary Rodham Clinton, a potential candidate for a Senate seat from New York, when the first lady urged her husband to rescind the offer.  On September 9, 1999, the House of Representatives passed a concurrent resolution introduced by Congressman Vito Fossella (R-NY) expressing outrage with the President’s offer.  Both the House and Senate plan to have committee hearings.  The Chairman of the House Government Reform Committee, Dan Burton (R-IN), has promised to hold hearings and has already issued subpoenas regarding the clemency offer.  Senator Orrin Hatch (R-UT), Chairman of the Senate Judiciary Committee, said he will begin hearings this week.    ANNUAL PETE LAWER AWARD During NAPO's 21st Annual Convention in Denver, CO, President Thomas J. Scotto presented the Annual Pete Lawer Award to two individuals.  Marty McKean, Ohio PBA, was NAPO's former Sergeant-at-Arms and was an active and dedicated member of NAPO for more than 20 years.  The award was also presented posthumously to Owen J. K. “O.J.” Holt, who passed away on Saturday, December 5, 1998 from a massive heart attack.  O.J., a long time member of PORAC, RPORAC, IPA, and NAPO, served as our Recording Secretary from 1983-1997.  His wife, Nannette, traveled to Denver to accept the award in honor of her husband.   NAPO’S NUMBERS CLIMB As NAPO’s 21st Annual Convention drew to a close, the organization’s membership climbed from 220,000 law enforcement officers to 254,260!  In addition to our current member organizations growing to new heights, President Scotto successfully recruited three new member organizations: the Detectives Endowment Association Retirees of New York City, President Thomas J. Scotto - 8000 members; the New York State Court Officers Association, President Dennis W. Quirk - 1,197 members; and the New York State Supreme Court Officers Association, President Charles Compton - 1,100 members.   DATE ANNOUNCED FOR THE SEVENTH ANNUAL TOP COPS AWARDS® Mark your calendars!  The Seventh Annual TOP COPS Awards® will take place in Washington, D.C. on Saturday, August 5, 2000 at the Warner Theatre in conjunction with NAPO’s 22nd Annual Convention, August 3-8, 2000, at the Hyatt Regency on Capitol Hill.  The deadline for nominations for the Seventh Annual TOP COPS Awards® is April 15, 2000.  Nominees will be considered for work done or cases concluded between January 1, 1999 through December 31, 1999.  For a nomination form, call the NAPO office or print one directly from our web site, www.napo.org.  RECENT ACTIVITIES OF NAPO’S NATIONAL LAW ENFORCEMENT OFFICERS’ RIGHTS CENTER  Moreno v. Crookston Daily Times and McDaniel: The Minnesota Police and Peace Officers Association (MPPOA) and the Rights Center are jointly preparing an amicus brief in a defamation lawsuit to be heard by the Minnesota Supreme Court.  Police Officer Gerry Moreno, of Crookston, MN, filed the lawsuit against both defendant Dennis McDaniel, the individual who made the defamatory statement, and the defendant newspaper for reporting on it 10 days late in a dramatic fashion.  As a result, Officer Moreno incurred serious damage to his reputation and character as a police officer. McDaniel stated at a city council meeting that the drug problem in the community could be “decreased if someone would do something to stop ... Officer Gerry Moreno from selling drugs out of the trunk of his squad car.”  It was also reported that McDaniel “said he had witnesses.”  The newspaper invoked the “fair reporting” privilege and asserted a full immunity from defamation suit.  The judge ruled in summary judgment in the favor of the newspaper.  The officer appealed, and the MPPOA filed the amicus brief.  On June 15, 1999, the Minnesota Court of Appeals reversed and held that the common law qualified privilege associated with fair and accurate reporting of public proceedings can be defeated by a showing of common law malice; and that the case should thus go to trial.  The newspaper, together with support of the Minnesota newspapers association, petitioned the Minnesota Supreme Court for review, which was granted.  Rights Center staff is currently conducting research and drafting the brief, which is due in October. United States v. Dickerson:  Soon, the U.S. Supreme Court will decide whether it will review a Fourth Circuit Court of Appeals case, regarding whether Miranda warnings are constitutionally compelled.  Earlier this year, in United States v. Dickerson, the Court of Appeals upheld the constitutionality of a federal statutory provision, 18 U.S. Code § 3501.  This provision, enacted in 1968 but never before implemented in federal courts, allows voluntary confessions to be admitted into evidence in federal criminal cases even if the Miranda warnings had not been given by Federal agents.  Under Section 3501, the giving of the warnings is indicative of the voluntariness of incriminating statements and a lack of coercion, but it is not determinative on those issues.  Instead, the failure to give the warnings increases the burden on the prosecution to show that a confession or statement was voluntary and not coerced. In Dickerson, the defendant made an incriminating statement after he had voluntarily agreed to accompany FBI agents to their office (a major issue in this case concerns whether or not he was actually in custody).  Subsequently, he was charged with bank robbery and related felonies.  The Court of Appeals rejected the Justice Department’s position that the law was unconstitutional, criticized the Department for failing to defend a law passed by Congress, and appointed an expert on the issue, a law professor from Utah, to argue the law’s constitutionality.  The court rendered a very well reasoned opinion, upholding this provision and allowing the incriminating statement to come in to evidence.  The defendant has appealed. There has been much public misconception about the Dickerson case, Section 3501, and its impact on Miranda.  Those opposed to this statutory provision and this decision characterize this case as a rollback, where warnings will no longer be given to suspects, and coerced confessions will be freely allowed into evidence.  We at NAPO and the Rights Center disagree; we do not believe that will happen.  First, it is unlikely that the Miranda warnings would suddenly stop in Federal investigations; this is because not giving the warnings places a greater burden on the prosecution.  Second, it is clear from the cases cited in Dickerson that the U.S. Supreme Court has never held that the Miranda warnings are constitutionally compelled.  Third, if the Court takes the Dickerson case, it will especially address the “grey” areas, where there is a genuine dispute as to whether the warnings were required.  What this could mean is that if Federal agents do not provide the warnings, because they have not placed a suspect in custody or have not begun to interrogate a suspect who is in custody, federal prosecutors may still be able to use any incriminating statements, even if a court rules that Miranda was technically violated. While Section 3501 affects only Federal prosecutions, and the Dickerson decision itself applies only to federal cases in South Carolina, North Carolina, Virginia, Maryland, and West Virginia, there is little doubt that a favorable decision by the Supreme Court in the Dickerson case could impact local law enforcement.  If Dickerson is upheld, many state courts can be expected to follow the principles adopted by the Supreme Court.  In addition, some state legislatures can be expected to enact a statutory provision similar to Section 3501. As we did at NAPO’s 21st Annual Convention in Denver, we once again request your help.  If the Supreme Court reviews this case, it is likely that we will file an amicus brief.  It would be very helpful for us to know about any anecdotal information on how clearly voluntary confessions have been thrown out by the courts in certain cases, especially with unreported cases, where information has been difficult to obtain.  So, if you have any ideas or leads, please contact our attorney, Steve McSpadden.   PUBLIC PENSIONS As reported in the July issue of the Washington Report, many provisions of the "Comprehensive Retirement Security and Pension Reform Act of 1999", H.R. 1102, introduced by Congressmen Rob Portman (R-OH) and Ben Cardin (D-MD), are contained in the broader tax-cut legislation H.R. 2488, the "Taxpayer Refund and Relief Act of 1999."  Both the House and Senate passed H.R. 2488, before the Congressional recess on August 5, 1999.  The provisions contained in H.R. 2488, if passed into law, would enhance the portability and preservation of retirement benefits and allow for stronger funding of pension plans.  The bill is scheduled to reach the President's desk sometime this week. However, the President has promised to veto H.R. 2488, the $792 billion tax package.  Senate Republicans indicated that if the President vetoes H.R. 2488, then tax-cut legislation for this year would not happen.  Senate Majority Leader Trent Lott (R-MS) indicated that a compromise on this legislation before the end of the year is unlikely.  Please call Mike Troubh at the NAPO office to learn more about public pension provisions included in H.R. 2488 that are beneficial to law enforcement officers.   SURVIVOR BENEFITS Also included in H.R. 2488 is a provision that would amend current law to exempt taxation of survivor benefits for public safety officers killed in the line of duty, effective for officers who died after December 31, 1996.  With the help of Congressman Jim Ramstad (R-MN) and Senator Daniel Moynihan (D-NY), NAPO included language in H.R. 2488 which would prospectively exempt survivors of officers killed in the line of duty from paying taxes on death benefits, regardless of when an officer was killed.    NATIONAL LAW ENFORCEMENT MUSEUM ACT OF 1999 As reported to you earlier, on July 27, 1999 Senator Ben Nighthorse Campbell (R-CO), introduced S. 1438, the "National Law Enforcement Museum Act of 1999."  On August 4, 1999, Congressman Joel Hefley introduced H.R. 2710, the House companion bill.  If passed into law, this legislation would allow the construction of the National Law Enforcement Museum on federal land.    JUVENILE JUSTICE Both the House and Senate have passed juvenile justice legislation.  Congressman Bill McCollum (R-FL) introduced H.R. 1501 and Senator Orrin Hatch (R-UT) introduced S. 254.  Congress will meet in conference committee to reach an agreement on discrepancies between the two bills.  The Senate bill contains several gun control provisions that are not part of the House bill.  Some of these provisions in the Senate version include background checks at gun shows and require gunlocks to accompany all handgun sales.  These gun provisions are very contentious and finding common ground between the Senate and House versions of the juvenile justice legislation will be difficult.  NAPO will continue to keep you updated with any developments on this issue.   FINANCIAL ASSISTANCE FOR HIGHER EDUCATION FOR WORKING FAMILIES OF STATE & LOCAL PUBLIC SAFETY OFFICERS Last year, NAPO fought tirelessly for the passage of legislation that would provide financial support for higher education for the families of federal, state and local public safety officers who were killed or permanently disabled while in the line of duty.  The Public Safety Officers Educational Assistance Program (Public Law 105-390), which passed on November 11, 1998, has been officially implemented.  This program is administered by the Justice Department's Bureau of Justice Assistance (BJA).  Dependents of officers killed in the line of duty will be eligible to receive $404 per month.  NAPO would like to thank Congressmen Bart Stupak (D-MI) and Jim Ramstad (R-MN) and Senators Arlen Specter (R-PA) and Joe Biden (D-DE), for their efforts in ensuring the passage of this important legislation.  For more information contact Shelia Jerusalem at (202) 616-3227 or the BJA web site www.ojp.usdoj.gov/bja.

Archive of Past Issues: July 26, 1999 May 17, 1999 March 23 , 1999 May 1, 1998 October 23, 1998 August 13, 1998 July 6, 1998 May 15, 1998 April 14, 1998 March 6, 1998 December 11, 1997 November 1, 1997 August 28, 1997 July 9, 1997 May 1997 March 14, 1997

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