December

13, 2011 District Attorney Mark G. Mastroianni Commonwealth of Massachusetts Hampden District 50 State Street Springfield, MA 01102-0559 Re: Tahiem Goffe Shooting Death Dear Attorney Mastroianni, I am in receipt of your letter dated November 17, 2011 in response to our request for an independent special prosecutor to investigate the incident related to the death of Mr. Tahiem Goffe. Thank you for taking the time to detail the process by which matters that involve injury related to police discharging a firearm are reviewed by your office. Based on your letter it is our understanding that the Internal Investigations Unit (IIU) of the Springfield Police Department will investigate the matter with assistance from the State Police Ballistics Section for firearm evidence review and analysis. Further, we understand that the Springfield Detective Bureau will conduct a parallel but separate investigation regarding the death and that your office will conduct a complete review of all materials generated by the IIU, State Police Ballistics and Springfield Detective Bureau. You also indicated that your office may undertake investigatory efforts directing law enforcement divisions to follow up or examine certain evidence. While we believe it is important for your office to review investigative materials generated by law enforcement agencies, we strongly believe that in the case of police-involved shootings that result in serious injury or death, independent investigations should be conducted to better satisfy the demands of public accountability and procedural justice. Therefore, we renew our request that an independent investigation be conducted by an entity outside of the Springfield Police Department and that all information uncovered is reported impartially and without prejudice. We further request that this be standard protocol in matters involving the discharge of a firearm, which result in serious injury or death. We are attaching a position paper that further details our stance on the matter. We are open to further discussions on this matter and look forward to receiving your response to our request. Sincerely,

Talbert W. Swan
Rev. Talbert W. Swan, II, President Springfield Branch NAACP

The Need for Independent Investigations in Officer-Involved Shootings

Springfield Branch NAACP
Rev. Talbert W. Swan, II, President December 12, 2011

Disclaimer This Position Paper details the rationale for requesting independent investigations in police-involved shooting cases that result in serious injury or death become standard protocol for the Springfield Police Department. The facts detailed in this paper neither presume nor insinuate that Springfield Police Officer Matthew Benoits actions in the shooting death of Tahiem Goffe were improper or racially motivated. Background The Springfield Branch NAACP recognizes the statutory authority of the Springfield Police Department and that of the District Attorney's Office in the area of law enforcement. The NAACP was founded on the premise of equality under the law, a premise that presumes that the City of Springfield and the District Attorney's Office also have statutory obligations, which include the requirement for equity in the enforcement of the law and the administration of justice. In the 1978, the United States Supreme Court case of Monell v. the New York Department of Social Services found that: every person who, under color of any statute, ordinance, regulation, custom, or usage of any State subjects, or "causes to be subjected," any person to the deprivation of any federally protected rights, privileges, or immunities shall be civilly liable to the injured party. For the purpose of this finding, municipalities are considered persons On this basis, we do not portend the District Attorney's Office has the priority mandate to protect the city from civil rights liability, we hold that it has the obligation to protect the civil rights of citizens, which includes the oversight of the attendant policies, procedures, and practices. Our concern is not the actions or activities of any particular officer or incident but the whole of the manner in which law enforcement and the administration is carried out, therefore we urge the appointment outside agencies at the discretion of the District Attorney to investigate all incidents of officer-involved

shootings where serious injury or death occur. This will insure that that fresh eyes may review the incident from a perspective to learn where appropriate recommended modifications in the way local police come to decision points in the use of deadly force. Executive Summary There is simply no better way to begin than with an affirmation of the excellent job that most Springfield Police Department officers do. It has been stated again and again by Springfield residents how much it is appreciated that police officers literally put their lives on the line with each shift worked. That being said, we cannot ignore the fact that there are numerous Springfield citizens who have experienced unjust targeting, humiliation, loss of physical freedom, and even physical harm at the hands of a relatively few Springfield Police officers. Collected data will show that this is not a new phenomenon, nor simply the perspectives of a few Springfield activists. Many Springfield residents have lost faith in both the complaint and investigatory processes as they stand now. Furthermore, current public and political debate about the desirability and effectiveness of police investigating complaints against the police, allegations of misconduct, or police related shootings have reached a critical juncture. Central to this debate are basic questions regarding the role and fairness of the conventional practice of police investigating complaints and incidents regarding their own behavior or actions. It is therefore the position of the Springfield Branch NAACP that, in order to better satisfy the demands of public accountability and procedural justice, that independent investigations into police involved shootings resulting in serious injury or death become standard protocol. Police Involved Shootings Police officers in the city of Springfield perform a vital and often dangerous job in our communities. Situations will occur where officers must use deadly force; we expect that such force will be used only when legally necessary and as prescribed by law. When officers use deadly force, the public has a right to expect that a thorough and neutral examination will be conducted of these incidents and that all parties shall be held legally accountable for their actions. When a police officer shoots and wounds or kills a person, a very specific protocol should be followed to investigate and review the case. Police-involved shootings are not just any other case. Confrontations between the police and citizens where physical force or deadly force is used are among the most important events with which we deal concerning police-community relations. They deserve special attention and handling at all levels. Such incidents have potential criminal, administrative, and civil consequences. They can also have a significant impact on the relationship between law enforcement and the community they serve. It is important that the very specific and formal protocol include mandatory independent investigations. 2

The seriousness of police-involved shootings cannot be over-stated. The reputation and often the career of involved police officers often depends upon whether a full and accurate determination is made of the circumstances that precipitated the event and the manner in which it unfolded. The critical nature of these investigations is also underscored by the frequency with which such incidents result in civil litigation. The city of Springfield has spent hundreds of thousands of dollars to the families of victims of police-involved shootings. Police Community Relations From a broader perspective, the Springfield police departments reputation within the community and the credibility of its personnel are largely dependent upon the degree of professionalism and impartiality that the department can bring to such investigations. Internal investigations of police-involved shootings in general and where citizens are wounded or killed in particular, cannot afford to be viewed dubiously by the community. This will only continue the devastating impact on the professional integrity and credibility of the entire department. One need only mention the names of Benjamin Schoolfield and Louis Giles to detail hundreds of thousands of taxpayer dollars spent to settle with victims and their families in cases of police-involved shootings. Many other names come to mind when calculating taxpayer dollars spent to settle cases of police misconduct where police officers were cleared by the police department, district attorneys office or both as a result of internal investigations. District Attorneys Review While the Springfield Branch NAACP is hopeful that the district attorneys office, under the leadership of District Attorney Mark G. Mastroianni, will be more diligent in its effort to insure the integrity of investigations into police conduct than previous administrations, we cannot overlook the historical fact that the office has not been, and, in the nature of things, could not be, an effective instrument for insuring such transparency. The district attorneys office faces an almost hopeless conflict-of-interest in objectively handling cases involving potential police misconduct because, in most cases, the office must investigate potential allegations of misconduct against the police while simultaneously investigating police charges against defendants it must prosecute. For example, in the Tahiem Goffe case, the office must consider potential testimony from the only two eyewitnesses to the police shooting of Mr. Goffe while at the same time, prosecuting the very same witnesses, who have pending charges against them. The symbiotic relationship that the district attorneys office shares with the police department has demonstrated over the years, both the reluctance of the office to vigorously pursue investigations into the police or to prosecute misconduct. It has also historically demonstrated a perceived willingness to almost rubberstamp the findings of internal investigations conducted by the Springfield Police Department. 3

Independent Investigation The appointment of a neutral entity outside of the Springfield Police Department to pursue investigations in police-involved shooting cases will help to eliminate the conflict of interest that is inherent in a district attorneys review of a police departments investigation into its own conduct. The district attorneys reliance on police cooperation for prosecuting crimes conflicts with its duty to potentially prosecute police misconduct in the very same cases. This was evidenced in the decision of District Attorney Mastroianni to drop charges against Melvin Jones III in a case where an involved officer was facing prosecution by his office. There was an obvious conflict in prosecuting a defendant on the basis of testimony from an arresting officer that was also being prosecuted for his misconduct. This underscores the need for independent investigation by an objective, unbiased entity. It is the position of the Springfield Branch NAACP that the district attorney utilize his discretion to appoint an independent investigatory agency not only in cases involving police-involved shootings, but each time someone dies in police custody. Strong consideration should also be given to utilizing this protocol to investigate police brutality allegations due to conflicts of interest that may exist in those cases as well. Removing the investigation of police-involved shooting cases solely from the confines of internal police investigations will increase public confidence in the investigatory process. Conclusion It is reasonable to request that the shooting death of Tahiem Goffe by Springfield police officer Matthew Benoit should be examined by an outside agency. There should be no question in this matter. But then, so should all police-involved shootings that result in serious injury or death. When the police department takes a life -- no matter how justifiable no matter what the perception of the person whose life is taken -- that action absolutely requires a thorough, independent investigation. The public deserves no less, not to mention the officer who pulled the trigger. A shooting, particularly one that results in a death, creates a public perception cloud that can only be cleared if eyes from outside the department are involved in the investigation. Unfortunately, having the district attorney do a review on an internal police investigation won't blunt cries for transparency. Independent investigations will give the community greater confidence and it will also provide an additional shield for the officer(s) involved. We are hopeful that both the Springfield Police Department and the Hampden County District Attorney will welcome the opportunity to show that police standards and conduct in the most unfortunate of circumstances are up to scrutiny. Respectfully Submitted Rev. Talbert W. Swan, II President, Springfield Branch NAACP