FOR IMMEDIATE RELEASE - March 30, 1998
CONTACT:  JODY HEDEMAN - (202) 842-3560

NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS (NAPO) FILES BRIEF IN COLORADO COURT OF APPEALS - DEFENDING LAW ENFORCEMENT OFFICERS’ FIFTH AMENDMENT RIGHTS
 
WASHINGTON, DC  -  Today, the National Association of Police Organizations (NAPO) through its National Law Enforcement Officers’ Rights Center, filed a brief amicus curaie in the Colorado Court of Appeals in support of two law enforcement officers in the case of City and County of Denver and the Public Safety Review Commission vs. Scott Blatnik and Jerome Powell.
 
In its brief, NAPO urged the Court to recognize that the Denver Public Safety Review Commission (an oversight body which reviews internal police misconduct investigations and makes policy - but not disciplinary - recommendations to the Chief of Police) cannot compel appellant police officers to testify during an inquiry into allegations of improper force, once the officers have invoked their Fifth Amendment privilege against self-incrimination.

Both officers were involved in critical incidents, one involving an alleged assault and the other the death of a knife-wielding assailant.  Both officers were the subjects of police department internal affairs investigations and were eventually exonerated of any criminal liability by the district attorney.  The Denver Public Safety Review Commission then subpoenaed both officers to testify about these incidents, and both asserted their Fifth Amendment right against self-incrimination.  The City and the Commission sued, and a lower court erroneously ordered the officers to testify on the grounds that anytime a governmental body seeks to extract information from police officers, they must comply under the Garrity doctrine.

NAPO argued that the limited exceptions to the appellants’ right to invoke their Fifth Amendment privilege, which are the only ways that the Commission could conceivably compel the appellants’ testimony, were not available in this case.

First, the Commission has no authority under Colorado law to grant appellants immunity on the use of their testimony commensurate with that required by the Fifth Amendment.  Nor does the Commission have the authority to terminate the appellants’ employment as police officers for invoking their privilege against self-incrimination.  Therefore, without the governmental coercion arising from a reasonable objective threat of a “job loss” of public employment, the Garrity exception to the Fifth Amendment is not available for the Commission to compel appellants’ testimony.

NAPO stressed that there is no precedent whatsoever for the district court’s order compelling law enforcement officers to testify before any governmental body seeking to extract information from police officers, once they have asserted their Fifth Amendment privilege.  A decision by the Court is expected by the end of summer or early autumn.

The National Association of Police Organizations (NAPO) is a coalition of police unions and associations from across the United States that serves in Washington, DC to advance the interests of America’s law enforcement officers through legislative and legal advocacy, political action and education.  Founded in 1978, NAPO now represents more than 4,000 police unions and associations, 250,000 sworn law enforcement officers, 3,000 retired officers and more than 100,000 citizens who share a common dedication to fair and effective crime control and law enforcement.  In Colorado, NAPO represents the Colorado Police Protective Association and the Denver Police Association.

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