David “I-Can-Say-Nigger” Simon

In all the ways that count most to Black people David Simon unequivocally embodies the absolute worst of what is known as the “white moderate” male in the United States. Although his infractions are numerous, what draws the most ire is Simon’s casual and frequent use of “nigger” and “nigga”.

The most noteworthy incident in question occurred (not surprisingly) in the Trump era with Simon tweeting “Hannity my nigga!” on Monday 19 September 2016. It was a tongue-in-cheek greeting between two white men in response of then-presidential candidate Donald Trump’s announcement of a planned outreach effort to engage Black voters.

Although a firestorm ensued, it was not the first time that David Simon poked the bear by saying that word.

The disparaging racist language earned him a short-term suspension from the app, but not after days of defending himself. During that time Simon dug in his heels, claimed artistic freedom, and addressed his detractors as “hall monitors.” Sonja Sohn, the Asian/Black actor who portrayed Kima on HBO’s The Wire, was one of the few who came to his defense.

Screengrab taken on June 20, 2022 Twitter

White moderates have been the bane of activists toiling about in the struggle demanding the end of white supremacy even before Rev. Dr. Martin Luther King wrote about his in exasperation in a letter from the Birmingham jail in 1963. The audacity of white men who as King noted have not seen “hate filled policemen curse, kick, brutalize and even kill your black brothers and sisters with impunity” to suggest a more palatable way to be treated as a full citizen that should come as a birth right.

FILE — In a Jan. 14, 2010 file photo David Simon looks on during a panel discussion in Pasadena, Calif. It was announced Sept. 28, 2010 that Simon is among 23 recipients of the year’s MacArthur Foundation “genius grants.” (AP Photo/Chris Pizzello/file)

When dripping from white lips, the dark stain that comes word “nigger” triggers the blood memory of violence, angst, subjugation. While Simon relishes its artistry, he simultaneously riles the sensibilities of our ancestors even 60 years after King’s admonishment. No federal holiday commemorating the end of enslavement championed by a white moderate cis gendered male president can provide a respite from the likes of David Simon and his devoted legion of outspoken white male fans.

What is insufferable though about the creator of the 20-year old cop drama is his “whitesplaining” to Black people how his artful use of the word is not of the offensive variety. It is this audacity that shifts the responsibility for peoples’ recoil squarely back on their Black shoulders. It’s satire, he proclaimed frequently, evoking the “fuck ’em if they can’t take a joke” axiom.

Screengrab Twitter on June 20, 2022.

Weeks after initially posting and defending his choice, Simon displayed a small measure of introspection with two tweets on September 20, 2016: “Don’t see it as an imprecise choice, but do I wish I tried another tack to insult Fox’s racial hegemony? Sure.” Long after Trump lost his re-election bid, and with the benefit of hindsight, David Simon responded, but not with an apology. “Stand by it as an answer to a white racist…” Simon Tweeted on June 20, 2019. The tweet remains live today on Elon Musk’s Twitter even after the murderous death of George Floyd and the immergence of the Black Lives Matter movement.

Truth is, Simon knows his white male privilege. The wrists slaps were factored into his calculation for all chances he took once he left the DMV for Baltimore. He spoke on his world view to graduates of his alma mater, Chevy Chase-Bethesda High school, knew it too when he spoke at the 2012 graduation:

“Certain things were assumed for my life. The guardrails were all there. The airbags all worked. I might come through with a few dents and scratches, I might screw up here and there, but by and large, the risks I was asked to take were for the most part moderate and plausible. I was going to have to work some, and get a little lucky, sure. But for real, I grew up in Montgomery County, Maryland. I mean, damn. Nice work if you can get it.”

Simon’s Revoked Hall Pass

Simon was given an inch of rope and thought he was a cowboy. “Nigga” stopped being something a Black character said and something the white David Simon tossed around carelessly. For introducing the Stringer Bell and Omar to the world, David Simon was given a temporary pass similar to the one Samuel L Jackson extended to Quentin Tarantino.

Actor Michael K. Williams as “Omar” publicity photo for The Wire.
Undated. Uncredited.

Simon’s temporary pass for saying that one word was identical to the laminated one former president Bill Clinton stores along with an emergency condom in his pocket. The pass was granted to Simon to use poetically in telling our stories; Clinton was offered one for playing the Saxaphone on Arsenio Hall’s late night talk show. Both white men have shown that all passes extended should be hereby immediately revoked. No white male moderate American should be issued another pass in the future.

Before the Fox News dust up that got tongues wagging, Simon took “nigger” out for a test run on Twitter two months earlier. No one barely noticed. Using the same tactics, Simon donned the persona of former president Richard Nixon and attacked the policies of then-presidential candidate Donald Trump:

“…let’s clamp down on the hippies and the niggers and the eggheads who are fucking us up”

David Simon, Twitter July 12, 2016

Since his coat was not severely pulled for that transgression in September, Simon put on the equivalence of Black face and started the shuck and jive routine against Hannity – this time for a larger audience.

The Washington Post made Simon’s transgression palatable to its white moderate readership when it rhetorically presented Simon’s defenders’ point of view that Simon has carte blanche to use the word because he wrote artful television shows in the realism prism depicting multi-dimensional Black characters.

If you’re not black you shouldn’t be saying “Nigga”. Plain and simple… If you can omit ‘faggot’ and ‘bitch’ from your vocabulary then why is it so hard and strenuous for you to omit ‘nigga’? 

Malcolm-Aimé Musoni, HuffPost.com September 26, 2015

Racism and misogyny rest comfortably within Simon’s wheelhouse. It’s been pointed out that the reasons white males bristle over the n-word is explicitly because it’s off-limits to them. Hollywood writer/producer/actor Quentin Tarantino famously penned the word “nigger” as dialogue for himself to utter on screen.

Screengrab on June 20, 2022. Twitter.

On his personal blog, on the day commemorating Juneteenth in 2013, Simon wrote about data mining, specifically cell phone’s metadata and peoples’ right to privacy in an essay that he titled The “Nigger Wake-Up Call.” It is painfully clear that the joke went over Simon’s head. Paul Mooney’s running gag is about Blacks who are suddenly jarred into reality after believing they had achieved post-racial equality.

Simon usurped Mooney’s comedic genius for the shock value of merely using the word. What is the point of having the pass, if you don’t use it, eh David?

Simon’s ability to write authentic dialogue reflective of his immersion into Baltimore’s street culture as an observer allows him extreme latitude in his personal interactions to call people “nigger” or “nigga”. In this case, he used the latter, a distinction he made without commenting on the difference between the two.

“Simon’s works have made him a sort of elder statesman regarding the intersection of race, politics and socioeconomics in America

Cleve R. Wootson Jr, Washington Post. September 20, 2016.

Simon himself rejected the idea that he has a pass to use the n-word indiscriminately. He wrote on Twitter (which oddly enough is akin to him saying the words from his own mouth) on October 7, 2016: “And if I used the term on AA, hand me my head. Satirically, on a white con man claiming rep of AA interests? Hey.”

It should be noted also, that Simon uses African American, AA, and black (not capitalized) without any clear distinction of why. Journalists abide by AP stylebook which requires capitalization of Black as a race and the distinguishes African American as applying to both race and ethnicity, but are not interchangeable.

“Simon is no longer just a journalist or a writer: he’s become a de facto translator for middle class audiences looking to understand elements of black America.”

Lanre Bakare, “Go home, David Simon. Without Justice in Baltimore, there can be no peace. The Guardian.com 28 April 2015

The Enemy of my Enemy is a Friend Fallacy

Pinpointing the extent of Simon’s supposed allyship requires the dexterity of Simone Biles. For instance, in July 2019 when Donald Trump blasted west Baltimore as “rat invested” and placed blame squarely on then Congressman Elijah Cummings, Simon lashed out at Trump and called him a “racist moron.” Simon’s defense of his adopted city has ingratiated Simon into many locals’ good graces.

However, in 2015 when Freddie Gray was killed in custody of the Baltimore Police Department, Simon seemed more aligned with law and order than the community marching in the streets. In fact, once Baltimoreans took to the street as an uprising against racial oppression was brewing, Simon penned a plea for an end to direct action.

President Barack Obama “interviews” David Simon on police culture in 2015. The president, seeking Simon as a potential ally, probed Simon for ways to change the culture of policing by seeking out ways to encourage historically racist institutions to see the humanity in the people and communities affected by their presence. Simon suggested maximum prison sentencing as a solution.

“White people — even those who speak up about black causes, like Simon — don’t have the social capital to throw around the n-word in everyday speech,” said author Jody Armour as quoted by the same 2016 Washington Post article.

Enter the Wu-Tang

If David Simon stopped saying “nigger” his family would starve. He is royally compensated many times over for putting “nigger” on a page. Unscientifically, David Simon has written the word hundreds (if not thousands) of times.

His seminal work, The Wire ran for six seasons and has a loyal fan base. During its 10-year heyday, his internal voice must have tried out every iteration of that word’s pronunciation. But Simon says he’s never “said” the word. (If he read any of his scripts out loud, merely playing the percentages, he has surely said “nigger”).

  • “Nigga, is you taking notes on a criminal fucking conspiracy?! The fuck is you thinking, man?”
  • “The crown ain’t worth much if the nigger wearing it always getting his shit took.”
  • “Fuck them West Coast niggers, cause in B’more, we aim to hit a nigger, you heard?”
  • “This motherfucker be killing niggas just to do it. You see? Nigga kills motherfuckers just cause he can. Not cause they snitching, not cause it’s business, but just because this shit comes natural to him. Man, Little Kevin is gone! This nigga don’t feel nothing!”

Not to split hairs, but an argument could be made that there’s a world of difference between writing dialogue for a “gritty” “urban” television drama and when someone uses their personal Twitter account to flaunt their pass to their 334,000 followers gained as a result of their Hollywood celebrity status. The former is economic, the latter is all ego.

As the rapper Method Man (who portrays Melvin Wagstaff in season two of The Wire) of the Wu Tang Clan drops a verse in the 2014 hit CREAM:

Cash rules everything around me
C.R.E.A.M., get the money
Dollar dollar bill, y’all

Before there was beaucoup money to be made in a cinematic depiction of Black Baltimore, there was the use of “nigger” in Simon’s journalism career at the Baltimore Sun.

Simon’s literary success was sparked by shadowing Black people’s daily struggle of existence in West Baltimore as a journalist. He culminated the experience not by lobbying for resources, but by writing a 1997 book The Corner: A Year in the Life of an Inner-City Neighborhood that he co-wrote with Baltimore Police Department (BPD) detective Ed Burns.

Simon’s first book mentions “nigger” 47 times and “nigga” four.

The book was made into a critically acclaimed HBO six-part mini-series The Corner, directed by Baltimorean Charles “Roc” Dutton, who is Black. Residual checks keep coming. In contrast, odds are that the Black youth he shadowed in order to craft a realistic creative expression are in jail, prison, on parole or probation.

On DavidSimon.com, he lists two charities as “worthy causes“: The Ella Thompson Fund and The Baltimore Station as well as one scholarship fund. Simon wrote it is “probable that [donations to the organizations listed] will directly address an issue locale or dynamic that we dramatized.”

Screengrab on June 20, 2022. Twitter

The Sun Rises on The N-Word: David’s Early Years

It is difficult to pinpoint with any degree of accuracy exactly when David Simon began taking a liking to the word tied to generational oppression of a people from African descent.

As is the moderate’s want to ask “where are his parents?, Simon admits the complexities of race was not a matter discussed at all in his house. In the next (and final) part of this series, the genealogy of Simon is explored putting into historical context some of the influences that undoubtedly shaped his world view.

Once the college grad from the Washington DC suburbs was dropped into Baltimore in the early 1980s, it was no doubt a culture shock. It would be totally understandable if the word “nigga” being tossed around like crime scene tape sent the cub reporter on the cops beat into full blush.

What was Baltimore to a kid from Montgomery County? It was another world, another America. Maybe not all of the city, but those quadrants that had been left behind… 

David Simon, Graduation remakes, Bethesda-Chevy Chase High School June 4, 2012

Simon’s first few years as a working journalist at the Baltimore Sun was an extension of his self-proclaimed college years – lazy and uninspired. From 1982 through 1984 the assignments were routine, and the reporting was generic; the combination offered little by way of opportunity to hone a writing style.

There were glimpses, though. Simon shone a sympathetic light on libertarian Warren Eilerston who beat federal criminal charges for refusing to pay federal taxes in August 1983. Also, in 1985, Simon deftly covered a shift in BPD policy after the public balked at the lack of transparency after a string of police shootings where the officers were either not identified to members as part of a “news blackout” and/or the officer refused to give a statement to investigators.

It would not be long before Simon’s byline would be inked above the word “nigger” published in the city’s paper of record. The subject of the 1988 story was a 51-year old resident of Baltimore’s Cherry Hill neighborhood who worked as a barmaid in 1963.

It was the occasion of the 25th anniversary of a murderous hate-crime where Hattie Carroll was caned to death by 24-year old William Santzinger for not bringing a white man’s drink fast enough in a downtown Baltimore bar.

Racially motivated murder of Hattie Carroll by caning. The Afro. 10 February 1963

In the 1988 story about the death of Hattie Carroll, Simon showed both his burgeoning talent for a narrative style of journalism. The man who killed Carroll for not bringing him his drink quick enough had spent the evening terrorizing the wait staff at the hotel. He called one woman a Black bitch. He also hit several people with his cane during the “Spinster’s Ball” a charity event attended by Baltimore’s society elite.

It was also perhaps Simon’s earliest recorded use of the word “nigger”. It was printed for no good reason. For that, the Baltimore Sun should apologize.

The word set in a line and paragraph all to itself.

It had no voice or quotation marks. It was David Simon’s voice caressing the word “nigger”:

David Simon, “The Case of Hattie Carroll, Baltimore Sun, 7 February 1988

The Sun really had no journalistic rationale for printing the racial epitaph gratuitously added by David Simon. The only context provided was that while visiting Charles County, the home of the man who killed Carroll, Simon supposedly witnessed the word’s wide use among whites in southern Maryland’s rural communities. Simon included in his story an unidentified white man (supposedly granted anonymity) from Charles County who wished “black people the best of everything, really.”

From that point in 1988, Simon took leave from The Baltimore Sun again and spent a year embedded with the Baltimore Police Department as its intern. His experience shadowing Baltimore Police Department (BPD) was memorialized in a 1991 book, that was later made into a television show for NBC, Homicide, Life on the Street. “Nigger” appears five times in the book; there’s no mention of “Nigga.”

Nor was [BPD] the most tolerant environment in which to come of age; there were cops twenty years younger who reacted to what they saw on the streets by crawling into a psychological cave, damning every nigger and liberal faggot to hell for screwing up the country

David Simon. Homicide A Year on the Killing Streets 1991

Simon’s “Nigger” Code

David Simon, much like the police he covered while a cops reporter in Baltimore, has somewhat of a code that dictates how he uses the word.

“Nigger” or “nigga” it seems is not something Simon feels that he say verbally out loud, in public. If he writes it out (in a tweet or essay), he is not restricted. However, he will take pause before he uses “my nigga” in writing if its directed to someone Black.

If it’s written as satire or in the voice of a persona he is co-opting, then he can pretend to be Black and use the word, but only direct it towards someone who is white.

The code allows Simon to write the word for characters to say as dialogue. He is also able to have a narrator describe someone as a nigger. Simon is the sole arbiter as to how many times he can write the word and if it is offensive. He believes his pass is unlimited.

Simon has not made any distinction between ending the word with an “r” or an “a”. But as stated earlier, his book The Corner uses “nigger” 10 times more frequently than “nigga”.

“David Simon is the blackest white man I have ever known. What he wrote was clearly ironic, and entirely at the expense of the whitest white man on the planet. I see no foul.”

Gene Weingarten, Washington Post columnist and Simon’s writing partner.

Sorry, Not Sorry

What seems most clear about Simon’s code is that he should never apologize when he uses it.

David Simon said that if he did delete the Hannity tweet he feared that in the void someone would claim that “I used the phrase to do anything other than to ironically mock someone’s actual co-opting of racial status [emphasis added] in order to advance their racist candidate.”

Let’s unpack the statement. First, he is arguing that if deleted, saved screenshots would also disappear from this known dimension thusly preventing him from pointing out the original context. Next, he insists that he was being ironic in mocking a white man who Simon believes to be racist by engaging him with a racially explosive word. In turn, no one focused on Hannity’s “co-opted racial status” but much of the world took Simon to the woodshed for his wanton use of a racist term. Now, that’s ironic.

Screengrab. Taken on June 20, 2022. Twitter

Protect and Serve? When Protectors Become Predators

Baltimore police officers have shown themselves to be pretty darn petty.

And vindictive.

Two cases that recently came before the Civilian Review Board (CRB) exemplify the real risk citizens face when after they “see something” they actually “say something”.

The scenarios couldn’t have been more different.  One happened in the summer of 2017, when a woman was arrested in front of her home on her way from work.  CRB reported on the results of its two-month investigation and sustained her claims of harassment, false arrest and false imprisonment.

“This is the sort of policing you don’t want to see… I thought it was awful,”

—     Dr. Mel Currie CRB’s southwestern district representative.

The other is from summer 2019, when a 28-year old man while walking by officers who were engaged in a stop, was chased, knocked to the ground and arrested himself. At its regular monthly meeting on September 19, the CRB agreed to initiate an investigation into his harassment complaint, separate from the department’s internal investigation, which may take a year.

Screenshot (1651).png

 

It’s no anomaly when Baltimore City Police Department (BPD) officials retaliate against citizens who challenge their authority, speak negatively about the department or in this one case illuminate someone’s shortcomings.

In Baltimore, the “snitches get stitches” mentality also applies to those who dare complain about excessive force or police intimidation tactics.

What happened to the claimant could have easily happened to anyone in Baltimore at a four way stop sign – blindsided when a car blows through. She avoided certain catastrophe by mere seconds at no fault of her own.

The woman did what most prudent people do, she glared at the reckless driver and kept it moving.

Things should have ended there, but it didn’t.  The other car, just so happens, was a BPD squad car.  It was driven by a veteran patrol officer of over 27 years.  The CRB without access to personnel records is unable to determine if this was his first or fiftieth complaint, a constant irritant as the members struggle with recommending a suitable discipline.

“[The police officer] escalated the confrontation by … following her, going to her house and then towing her husband’s car,” said Betty Robinson, CRB northeastern district representative.

CRB Members Experiences Bring Unique Perspectives

Insight into the mindset of the officer was offered by CRB member Fred Jackson, retired from the Baltimore Sheriff’s department.  He enumerated the series of the department’s problematic decisions in the traffic stop.

First, the officer was likely upset about the “near miss” at the intersection and likely put off by the woman’s perturbed response.

Second, the “stop” required he put both his lights and sirens and he had to have a reason to stop her.  She was not given a ticket for any traffic violation. (He didn’t show up for court, thusly dismissing the case).

Finally, BPD towed the car that legally parked at her home:

“That was spiteful,” said Jackson, northwestern district representative.

In a perfect example of justice delayed is justice denied, the CRB sustained the woman’s allegations against the officer, using relying upon evidence just recently provided by BPD in violation of state statute.

BPD is required to turn over IAD files on complaints within 90 days.  The internal affairs department held this case for over a year. CRB has done little to push back against the departments habitual nose thumbing of their obligation in the citizen review process.

Once investigators got the file, BWC footage shows the subject officer being “very agitated, very confrontational” said Bridal Pearson, northern district.  The former CRB chair cited IAD’s reprimand of the veteran officer for “conduct unbecoming an officer” in his rationale for sustaining the woman’s complaint.

Although the woman and her husband have moved fearing BPD retaliation, this is the kind of case that keeps city solicitor Andre Davis working overtime. Davis, a mayoral appointee, has succeeded in both thwarting investigations into BPD misconduct, as well as silencing its critics.

However, now that the CRB has validated the woman’s claims, it opens the door for civil litigation.

Already victims have difficulty recovering seized property and reimbursement of costs wrongfully incurred (in this case towing), said board member Amy Cruice representing the ACLU.  The victim could have used the board’s finding to assist in being made whole financially, but the year deadline for tort claim remedy also expired, she said.

Ultimately both BPD’s internal investigation and the one conducted independently by the CRB arrived at the very same conclusion: the cop was all kinds of wrong.

The officer said he had his lights and sirens on when he went through the stop signs (He didn’t).  The charge against her was eluding an officer (She wasn’t).

Once she arrived and parked at her house, the victim herself had to request the officer to activate his Body Worn Camera (BWC), CRB found in its investigation.   The internal investigators dinged him for that as well.

City Solicitor Abandons Citizens To Favor Shielding Bad Cops

Even though CRB was unanimous in its decision to sustain the allegation, they could not move to the next phase of recommending discipline because the case had expired by the time BPD handed over its file that permitted CRB to review evidence.

CRB has been criticized for being a paper tiger, with no real authority to implement its recommended discipline (which is reserved for the police commissioner).  Seeking independence, the board rankled the law department sufficiently enough that solicitor Andre Davis backed down from ordering BPD to withhold all case files for four months as a lawsuit pended.

Allowing life-altering citizen complaints to expire is a known practice by the internal affairs division (IAD) renamed this summer Public Integrity Bureau (PIB). Major Stephanie Lansey-Delgado sent an email in April 2018 to supervisors that the department had “not been aggressive” getting cases investigated before the one year expiration date, as continuing story from Kevin Rector, reporter for Baltimore Sun.

In its public meetings, officers’ names are confidential per departmental policy regarding personnel matters and CRB does not disclose complainants’ identification.

As for the complaint CRB accepted regarding an independent investigation into the retaliatory arrest, the 28-year old man who was arrested after he commented to an officer,  was arrested again- mere hours after his release. His CRB complaint claims the retaliatory arrest was harassment for bringing to light abusive behavior.

Although the parties’ identities were not disclosed at the meeting, it is pretty safe to presume the case involved 24-year veteran Sgt Ethan Newberg who told Lee Dotson to “take his charges like a man” when Newberg arrested Dotson for commenting on police activity as he passed by.

Screenshot (1632)

Police Commissioner Michael Harrison in a late night June 2019 presser along with State’s Attorney Marilyn Mosby announced the officer’s arrest on second degree assault charges. He also released BWC footage showing officers chasing and tackling Dotson.

Newberg was released from custoday and is awaiting trial.

Top 10 (Known) Crimes by ex Baltimore City Police Det. Danny Hersl

Warning: Do Not Proceed Unless You Believe (Some) Baltimore Police Straight Up Rob People on the Regular

Veteran cop, Daniel T. Hersl, 49, infamous for his abusive rants and provocations of Baltimore’s citizens, awaits sentencing Friday June 22 in U.S. District Court. He faces up to 60 years  after a jury found him guilty of racketeering, fraud and robbery charges as a member of the violence-prone street gang with badges, – otherwise known as the Gun Trace Task Force (GTTF).

Using RICO statutes, originally crafted as a way to bust open impenetrable crime syndicates like the Mafia, the feds pursued eight cops who as employees of Baltimore City Police department created a criminal enterprise while working as BPD officers that included robbery and drug dealing.

officer arrested 4
ex BPD Det. Jemell Rayam. During trial accused Danny Hersl of stealing $3k cash from the $20k cash they stole during a robbery — proving there is no honor among BPD thieves. The robbery victims currently have a civil lawsuit against the city.

During closing arguments in a February 2018 trial, federal prosecutors reminded jurors that Hersl, who joined BPD in 1999, and other veterans in the Baltimore City Police department were acting as both cops and robbers for years, some even before they joined the GTTF.  The victims were believable; the crimes were brazen; the sentences are historical.

A timeline to assist with understanding the “Top 10” Crimes by Daniel T. “Danny” Hersl

  • April 2015      Freddie Gray in-custody homicide
  • April 2015  Civil unrest in West Baltimore’s to protest F.G’s violent death
  • Summer 2015 Jenkins sells looted pharma drugs, sparking opioid crisis
  • July 2016 Feds tap BPD vehicle in the Shropshire drug organization investigation
  • August 2016   Department of Justice scathing report on BPD systematic abuses
  • March 2017    Federal indictments announced against BPD’s GTTF squad
  • April 2017   City enters into a Consent Decree to reform BPD’s racists practices
  • Oct 2017 Rayam and Gondo testify as gov’t witness against A. Shropshire
  • Nov 2017   Det. Sean Suiter murdered the day before scheduled witness testimony
  • Jan 2018 Four ex GTTF cops testify to a 4+ year crime spree while police officers
  • Feb 2018 Jury find Danny Hersl and Marcus Taylor guilty using RICO

To recap, the Gun Trace Task Force was one of many special units within the BPD that operated with little oversight and under various acronyms through different administrations over decades.

As plainclothes detectives, they have untold (and undocumented) interactions with a plethora of drugs, guns, and cash.  Such units are ripe for corruption, according to the the federal government, even in the best of departments.  One member of GTTF, Det. Thomas Clewell who worked along side of each of the members has not been charged.

 

GUN TRACE TASK FORCE

In closing arguments, federal prosecutors implored the mostly white jury to see the parade of unlikely victims, some drug dealers, others with a criminal background as not worthy of protection of the United States Constitution.

Hersl’s co-defendant Marcus Taylor, who joined BPD in 2009,  was sentenced to 18 years earlier this month and is planning an appeal.  Judge Catherine Blake will hear motions related to Hersl’s conviction, but is expected to proceed with his sentencing.  Others who plead guilty thus sparing taxpayers the expense of trial or the complete farce of proclaiming innocence are:

Sgt. Wayne Jenkins, now serving  25 years, joined BPD in 2003. Was the ranking officer in charge of the Special Enforcement Section (SES) with Taylor along with officers Evodio Hendrix and Maruice Ward before taking over GTTF.  Robberies by Jenkins, Hendrix, Ward and Taylor began as early as 2013 as members of the SES squad.

Sgt. Thomas Allers, now serving 15 years, joined BPD in 1996. Headed up GTTF from its origin to 2016 before handing the reigns over to Jenkins and leaving to join a joint DEA task force.

Two other Baltimore Police detectives who plead guilty, did not go to trial and also served as cooperating witnesses (presumably are still doing so in ongoing investigations) include ex detectives Jemell Rayam and Momodu Gondo.

ex Det. Danny Hersl’s Top 10 Crimes and Lawsuits

10 Gave a slip of paper with the date written on it as a warning to H.T. after searching his mouth and down his pants not to let him see him again – only to arrest him a few days later in Nov 2015. Hersl stole $314 from a check he had just cashed. Guilty of robbery and extortion.

9  Stole narcotics and $1700 cash from A.F. and let him go. Guilty of robbery and extortion in Aug. 2016.

8 Stole $2000 from a sock in a homeless man’s storage unit. Threatened the business’ clerk when he would not hand over the surveillance video that captured the theft.

7 Took about $8000 from glove compartment of D.A. who was caught after fleeing scene tossing cocaine out of the window.

6 Nearly doubling his $75k annual salary with false claims of overtime and wire fraud.

5 Breaking the jaw of fleeing suspect until he passed out in 2010. City paid $49k.

4 Breaking the arm of a 19-year old girl in a carry out restaurant in 2007. City paid  $50k

3 Dropped charges by prosecutors in a 2006 case when jurors were notified that complaints against him to Internal Affairs were in the double digits.  This was 10 years before he was promoted to the GTTF.

“Misconduct, sometimes when it’s frequent enough, it indicates a lack of desire to tell the truth” (the late) Circuit Court Judge John Prevas is quoted as saying after reviewing Hersl’s IAD file, in a 2014 Baltimore Sun story

 

2 The double cross. Robbery of the Hamiltons in July 2016. Hersl reportedly stole $3k while the GTTF crew wasn’t looking and before BPD stole $20K from the family.

1 The depraved indifference.  Instead of rending aid, Hersl sits with other GTTF cops  in a nearby police car after an illegal high speed chase that resulted in an Aug 2016 car crash.  Hersl is heard on the wire tap suggesting ways to cover up the fact that they were working at all by altering documents to avoid discipline or prosecution.

Hersl bike
Danny Hersl, convict and former “elite” Baltimore Police officer

Within the Constitutionally-adverse BPD, these units became known as “elite” by the media as well as up and down previous and existing names in command. Both would hype the arrests as a measure of crime fighting.

But for the citizens they were sworn to protect and serve, these units became the living, breathing, gun-toting, badge wearing symbol of why no one would ever willingly call or cooperate with the police even in the most dire of  circumstances.

Hersl’s (Dis) Hornable mentions:

  • Harassing dirt bike enthusiasts.
  • Harassing local rapper Young Moose chronicled by CityPaper.
  • Pepper spraying demonstrators in the wake of of Freddie Gray’s death.

“Detective Hersl, he a bitch, I swear to God he ain’t right/ Heard about my rap career, he trying to fuck up my life/ That nigga fuck me over once, he ain’t getting another,” Moose raps on the song ‘Tired,’ off 2014’s “OTM 3” mixtape. “That racist bitch had the nerve to put the cuffs on my mother/ Put the cuffs on my father, then put the cuffs on my brother/ He think about me every day, that nigga mind in the gutter/ Looking for some information bitch that ain’t how I rock/ Throwing dirt on my name because I’m going to the top/ The warrant wasn’t even right when they ran in my spot.” – Young Moose interview by Brandon Soderberg

 

 

Murder By Numbers: Policing in Baltimore Just Doesn’t Add Up

Prologue:  Baltimore Police are cornered. After the uprising sparked by the 2015 death of Freddie Gray, the Department retaliated by purposely neglecting neighborhoods they deem to be not worthy of police protection by what they ironically called taking a knee. In one of those areas, Harlem Park, Det. Sean Suiter was shot in the head and left for dead in 2017. Police face scrutiny from Baltimore’s Office of Civil Rights and the ACLU when it suspended the Constitution by preventing free movement in this residential area for nearly a week. Top brass rationalized the move as necessary to catch a vaguely described black man wearing a black jacket. The case is still unsolved despite a record setting $215,000 reward.

Nudged in between 2015 (Gray) and 2017 (Suiter) one murder victim went largely noticed.  However, the case emerged from the shadows, in March 2018 when parents took their concerns to the regular monthly meeting of the Civilian Review Board. Just so happens, representatives from the U.S. Department of Justice were in attendance and took a keen interest in the case of Greg Riddick. After tearful testimony and an enraged Board at a May 2018 CRB meeting, the Board issued its blistering findings – willfully exceeding its authority due to the atrocities its investigation uncovered. 

PART I: What follows shows what happens when civilians have a say in policing and why clearly Baltimore police are utterly incapable of policing themselves.

 

crime scene tape

Gregory Riddick’s parents learned of their son’s death like countless many others in Baltimore.

They logged onto to Murder Ink.

No one from BPD called the family about recovering Greg’s body.  There was no late night knock on the door. Nor did the family themselves call around to hospitals or their local precinct.  That stuff only happens in the movies.

In this instance, Baltimore’s latest murder victim was not identified by name, but by number. The report stated  a 26-year old male died of gunshot wounds in the area where Gregg was last known to have been. It was with the announcement on Murder Ink,  the family’s tug of war with the all mighty and powerful Baltimore City Police Department began.

“They didn’t ask me to come down and ID my son or nothing,” said Riddick.  “The next time I saw my son was in the funeral home.”

Greg Trill
Gregory E. Riddick, Jr

Justice at this point seems to be too big of an ask. Each day local television, social media and The Baltimore Sun tallies up people’s sons, brothers, uncles, husbands, fathers and friends as if they were counting Chicklets out of a gumball machine.

Save the rare novelty of a victim who was also an honor roll student, a grandmother or young child, mainstream media fails to show the humanity of the lives lost, the suffering of the community, and more likely than not these days, the role that BPD played.

Murder Ink, the lifeline for much of Baltimore, didn’t tell the whole story, of course. Maintained by the alt-weekly City Paper, crime victims relied upon its community-centered reporting.  Reporters filled in details where outlets like The Sun fell short.

Predictably, mainstream media only told the police’s version.  Greg Riddick Jr. was shot, yes.  But he was also ran over and dragged over 1,000 feet, in full view of police officers, a innocent bystander who became a witnesses, and even to those of us listening/reading the 9 1-1 call.

There’s one  significant detail BPD didn’t release to the media that became the catalyst for one Baltimore’s family to become mourner-activists. Police were on the scene at the shooting. Neither officer made a move to secure the crime scene, call in the shooting, or do what the civilian did when he saw a man suffering – come to his aid.

 

Riddick Sr.’s strong Christian faith and the determination of everyone who loved Greg is what that propels them all to push for answers and accountability of the Baltimore City Police Department.

For an emergency, dial 9 1-1

This murder story begins with 9 1-1 call regarding shots fired and ends with a horror one cannot imagine.  The tape is likely to haunt all not lulled to sleep by the silent counting of those who lost their lives to the proliferation of guns and the ineffectiveness of the Baltimore Police Department. It all happened in front of witnesses, and it was captured on video surveillance.

“I am on Harford Road and Homestead. Uh, somebody just got shot in front of me,” said the caller on the 9 1-1 tape.

These are the words of the Good Samaritan traveling home about 1 am after visiting an ailing family member. His identity is being shielded as the investigation is ongoing and because, well, it’s Baltimore.

It was his first words spoken to the 9 1-1 operator.   It details the eyewitness’ account, establishes the presence of BPD at the scene, and gives a real time accounting of the hit and run that would follow after Riddick was shot.

Riddick Sr. first heard the 9 1-1 tape alone.  He heard a male caller describe how he saw a car speed away after a shooting.  And that the victim was laying in the middle of the street.  The witness recollects first trying to get the police’s attention before resorting to calling 9 1-1.

He finds the man’s efforts and experiences to be both horrific and at the same time comforting.  A complete stranger stood near his son to provide comfort and security.

“The man. He didn’t have to stop,” Riddick said.

For Annette Gibson, Greg’s mother, the discussion of the tape and the officers’ lack of action stirs up a full range of emotions.

“I couldn’t, [listen]” Gibson said through tearful sobs. “I don’t want to hear it.”

At first despondent, then determined, suddenly angry and back to sobbing she relives the events of earier that day.  Greg had arrived in Baltimore earlier that day to pack. He was moving out of the city and the dangers that he was no stranger to.

Before hanging up with the 9 1-1 dispatch, the witness final words were prophetic.

“Yes, the police are here,” said the eyewitness. “They’re taking care of it.”

9 11 Tape Transcript

One answer Greg’s family wants to know is whether the officers at the car stop had Body Worn Cameras (BWC).  A new BWC policy was implemented shortly after Gray’s widely publicized death because of explainable circumstances clouded his in custody death, eroding what little trust existed between the majority of the city’s residents and the 3000+ member force of sworn police officers.

The voice on 9 1-1 tape captures the fear many black men feel in the city. Along with the literal and figurative distance victims and witness alike experience as detached police officers pursue a traffic stop while ignoring a desperate man’s attempt to flag down assistance.

Believing half of what you see and none of what you hear.

There appears to be two sources of video that could have captured both the shooting and the hit and run. One is the owned by the liquor store on the corner and the other is the surveillance system, Citi Watch, operated by Baltimore City Police.

“[BPD] didn’t show me the one on the pole, that’s on the street, said Riddick. The family believes a video exists that would capture the exact location of the police during the traffic stop and why they both didn’t see or hear the shots that the witness did from inside his car.  It would also verify the witness’s account that police ignored his request to help the gunshot victim, prompting him to call 9 1-1 instead.

Pressing for an arrest, the homicide detective initially assigned to the case, Det. Joshua Fuller, met with the family for an update on the investigation. Fuller showed Riddick the footage from the store. Two men are seen creeping along side of the liquor store lying in wait for Greg to get to the corner. Based on conversation Greg was having on the phone, Riddick believed family members would be able to identify the shooters.

No one has responded to the family’s request for Citi Watch footage. It appears that the camera is positioned perfectly to capture the assailants who crept up on Greg from Homestead as he was walking along Harford Road.

Harford Road and Homestead

“[The family] came to I.D. [the shooters], but Fuller wouldn’t do it,” Riddick said.

According to police, while waiting to view the video, BPD overheard a conversation that concerned them about potential retaliation.  As a result, the only family member who was then allowed to see the video was Riddick, Sr.  He was not able to make a positive identification.

“Fuller’s supervisor told him not to (make the arrest ) because of retaliation.” Greg’s family believes something more sinister is at work.  They are seeking the medical examiner’s report to determine the exact cause of death.  If Greg could have survived the bullets but died because of the injuries sustained when the car ran him over, they believe Baltimore City Police have reason enough to stave off the investigation.

“I went down to Internal Affairs and filed paperwork.”  A common public misconception is that IAD is an independent body charged with investigating complaints against the police.

“I told them the whole story. So I figured that OK, Internal affairs. They gonna investigate. They’re not on the police side,” said Riddick.

It then became a waiting game.

“I guess they was hoping that the eight months that the paperwork was just sitting there on his desk that I would just let it go, but I wasn’t going to let it go,” Riddick said.  “Then I got a letter from [Ian] Dombrowski … that they didn’t find anything.”

The head of IAD at the time -then Deputy Commissioner Ian Dombrowki was fingered by convicted BPD officers from the now defunct Gun Trace Task Force (GTTF) squad during a 2018 federal corruption and robbery trial of tipping off officers that the feds were watching. He has since been demoted to major.

dombroski
Major Ian Dombrowski

His boss, the head of the department overseeing IAD, Deputy Commissioner Rodney Hill, retired shortly after the GTTF trial ended.

After IAD notified the family that it found no wrongdoing on the part of Baltimore Police in Greg’s murder, the homicide detective leading the investigation, Det. Fuller resigned from BPD, said Riddick.  It would take months before the family would meet the new lead investigator Jill Beauregard-Navarro.

She would make headlines in The Baltimore Sun in May 2018 for what prominent defense attorney J. Wyndal Gordon would call “putting bodies on bodies.” BPD, facing mounting unsolved murders, has cleared record numbers by fingering a dead person as the likely the suspect – case solved.  If more could be done to drag Greg’s memory for his family, it would be if such an atrocity happened.

When one door closes…

Had Riddick known to have asked, he would been told that IAD rarely sustains complaints of police misconduct. With Gregg Riddick’s death, the membership into a club no one wants to belong to grew by dozens. The friends and families of victims of gun violence quickly become students of not just the intricacies and bureaucracy that accompany police investigations but receive an up close and personal view of the purported Wall of Silence.

The family stands alone.  No one in BPD or the State’s Attorney’s Office has told them that the two officers who were citing a traffic violation while Greg was being shot and later ran by over by a car did anything wrong.

When BPD didn’t find any wrongdoing with the two officers who seemingly were preoccupied with a traffic stop and not with a gunshot victim, the Riddick family filed a CRB Complaint form_2 with the Baltimore Office of Civil Rights’ Civilian Review Board.

A well respected community leader, Delegate Jill Carter left Annapolis in early 2017 to rejuvenate the Civilian Review Board as she took the helm of the Office of Civil Rights. Community members appointed by the commission and approved by the Mayor represent each of the BPD nine districts.  By statute they can subpoena witnesses, view police files, and investigate complaints. What they cannot do is mete out punishment to offending officers.

The Law Enforcement Bill of Rights (LEOBR) from the 1970s establishes protocols for police accused of misconduct and criminal activity. Over the years, as cries of police abuses have increased, the protections afforded by the LEOBR has largely stayed the same.  The CRB is handcuffed. The board of citizens can only investigate on claims against officers in five categories: Excessive Force, False Arrest, False Imprisonment, Harassment and Abusive Language.

Although the circumstances of Greg’s death didn’t not fit the definitions that by statue limit CRB’s purview, they took the complaint as a “harassment” claim and investigated the case.

“It breaks my heart, really really to read that whole situation,” said board member George Buntin, Wester District representative.  “The harassment is not there.”

Appalled at even the failure to control the crime scene, the board’s frustration with their limitations was evident. The board met in March CRB Minutes and initially struggled with making a determination of the complaint designated as harassment.

“It’s hard to stretch any of our jurisdiction to what happened here. Can we call it harassment? I don’t think so,” said member Mel Currie, Southwestern district.  “The Civilian Review Board, what I think we should be is.. .we would be the counterpart to Internal Affairs. We should be External Affairs.” Currie said.

As the board began to debate not sustaining the harassment claim, silent tears began to fall from Greg’s grandmother’s eyes.  She was given a box of tissues.  Greg Riddick, Sr was given the opportunity to talk.

For five minutes, a father implored the Board to not let homicide number 299 from 2016 become a historical statistic. His moving account of the circumstances of the 26-year old’s murder had seasoned Board members holding their heads in their hand and lawyers wiping at their eyes.

His sometimes wavering voice full of emotion carried much further that day because unbeknownst to him, representatives from the Department of Justice were in the audience. Video from the meeting can be viewed here around the 32 minute mark.

Justice for Greg is not likely to come from BPD, the SAO, the media or even the DOJ.  It’ll happen when citizens like those on the CRB have the power to decide what behaviors they will and will not accept by the officers that roam the street.

CRB envisions itself having a different process in handling complaints where the public is negatively impacted by police action.  The current process requires complainants to check a box accusing officers of a specific violation.  The Board then deliberates and decides whether or not the stated accusation is upheld.

CRB chairman Bridall Pearson suggested a better process where the event is described by the complainant and the board then arrives at the label of the associated violation.

“If we have a process like that, there’s something we could do about [Riddick’s complaint],” said Pearson.  “In this situation it’s difficult, because our hands are tied.”

 

 

Next Up: Part II The Medical Examiner, Healing and Advocacy

 

 

 

Broken Trust: Make GTTF Victims Whole with Restorative Justice Fund

Something spectacular happened in Baltimore Monday, February 12.

A jury of their peers found two police officers guilty of conspiring to rob and extort money from over a dozen Baltimore City residents.

Something miraculous could happen, in light of these unique circumstances that has laid bare the level of brutality leaving a city bewildered and traumatized.  It would take a leader to arise in favor of making the victims of the corruption whole. grandchildren of slaves

Maryland has leaders, though. This time, it’s eight white women, one Asian woman and three black men. They stood for justice when in returning a verdict in a U.S. Federal Courthouse on Monday Feb. 12.   These anonymous leaders by their actions stated that the one white officer and one black officer who took a roll of the dice to have their day in court, would leave the same in handcuffs.

hersl and taylor

What’s spectacular about the day, was that juror who appeared to be the youngest juror, also looked very much like the victims the Gun Trace Task Force (GTTF) routinely victimized. This juror, elected to be the leader in the deliberations, also delivered the news that will likely ring in the ears of Daniel T. “Danny” Hersl and  Marcus Taylor for the length of their sentences: Guilty.

While media often showed photos of the defendants Hersl, 17 year BPD veteran and Taylor, an 8 year veteran, residents believe that the true perpetrators was the institution of the Baltimore City Police Department. In their minds’ eye, the photo of who was on trial was neither of these, but the whole entire system.  Hersl, more so than Taylor, will likely end up being the disgraced face of BPD primarily because his family professed that he did nothing wrong.

Everyone around Hersl was corrupt, dirty, sleazy (a pretty easy argument to make), according to his brothers.  Danny wanted to escape, his brother said, because he was a good cop  (not supported by the mountain of public complaints for harassment, excessive force, etc), but let’s not let facts get in the way of a cry of injustice.  Taylor’s family, also present during the entire trial, chose not to speak to the press following the verdict.

Poor Baltimore

Those who love Baltimore, I mean who Bleed Baltimore, do so because of its tenacity.  No one wants a pity party for poor ole Baltimore.  Residents are prideful in its ability to maintain a core strength even while all around them crumbles.  We’re not just talking about vacant buildings.

A beloved NFL football team sneaks away in the dark of night.  Dwindling population. Deplorable school conditions. Divestment by state.  Check, check, check and check. Add to it the irreparable harm of the fictional account by HBO’s The Wire to the city’s image and cable news’ exploitation of the uprising for ratings gold, what emerged was an army of activists.

Rumblings of Discontent

Predictably, those entrusted with the public’s trust and who also wield great power, commented on the behavior of the officers, dedication to reform, and a real rush to close the chapter.  Doing so would answer the question Langston Hughes asked about what happens to a dream deferred.

Dream Deferred

To say legacy residents of Baltimore have few ways to better their life standing and children’s prospects would be an understatement of ginormous proportions.  Side hustle in the vernacular is a necessity to sustain one’s life.  We heard victim testimony in the GTTF trial of people being paid “under the table” without much understanding that their labor is being exploited. Getting paid cash, off the books prevents many things, not the least of which is Unemployment Insurance, OSHA protections, health care, Social Security payments and legitimacy.

Each time money was siphoned from the city by way of a planned infrastructure program (Red Line) or campaign promise (Increased Minimum Wage), people got up with the sun, got the kids ready for school,  found a way to get to work, and squeezed in some enjoyment along the way.

A huge obstacle prosecutors faced in convincing the jury that the officers committed the crimes, but that the victims themselves were actually victims.  The defense would argue how can people whose very existence on the edges of society be further victimized?  BPD operates in a new world order where rules don’t apply. Families who use financial windfalls via a lead payment settlement who don’t use the money for college tuition, but instead invest in drugs cannot be understood, or trusted. This jury did.

A man who returned to a crime ridden neighborhood day after day after moving to the county, must be selling drugs, the defense argued.  Who would believe their testimony that they had connections to the community. It’s far fetched to believe that his frequent encounters with Hersl was because he was there simply to coach a youth basketball team. This jury did.

After the burial of the city’s native son, Freddie Gray, in April 2015, the city nearly exploded. Quelled by the national guard and “over-zealous” Baltimore Police Officers impeding people’s 1st Amendment Rights, the uprising what but a whimper. Upheaval is rumbling beneath the surface.

 

The Case for Restorative Justice

Although the eight gang of officers made off with millions in combined cash and drug sales over the years, the federal government recovered very little. Victims who sought the return of their stolen money walked away from the courthouse empty handed.  If any criminal knows how to hide the proceeds of their crimes, it would be police officers. But there is money. Taxpayer dollars. The city is pretty lax in how it uses it.

 

Screenshot (306)

The chart above for 2016 was included in the federal indictment and aspects were shown at trial.  Just take a look at Hersl in 2015. He more than doubled his salary in OT earnings.  In order to make the math work to claim what he reported as $86,880 in OT in 2015, he had to work his regular 8 hour shift AND an average of 6 hours of OT (a 14 hour shift) every single day.

In other words, Hersl had not to have had a day off from January 1 though Dec 31.  For an 10 am -6 pm shift, he had to work until 12 midnight every day — for all of 2015. And squeeze in sleep along with his affinity to stripper bars, and casino bars, plus regular bar bars testified to during trial.

Each week, the police rake in about a million dollars in overtime. Annually, about $30 million is set aside for OT. That’s in addition to the nearly half a billion budgeted dollars. Not to mention, BPD historically shatters the $30 million budgeted OT by handing taxpayers an actual bill, more times than not,  doubling what was approved.

A Restorative Justice Fund would take but a strike of a pen from Governor Larry Hogan. The same guy who did not hem, haw, or hesitate to pay the National Guard to come through. Expediency would be key.  Naming an administrator, the likes of someone with integrity such as Jill P. Carter to oversee this historical act would be next.

Authorizing Del. Carter to establish the guidelines for application procedures and payout structure would be key.  A single person to oversee the program would ensure expediency.  Requiring regular reports and updates to the Baltimore delegation to the General Assembly would ensure accountability.  Having all meetings and phone calls related to the program be recorded as public record would provide transparency.

Some naysayers will be quick out of the box.  Such a move is unprecedented, they will claim. The parameters and guidelines outside of a court process is not feasible, they will shout.  Asking people to forego future claims against the department is taking advantage of an already vulnerable class, they will assert.

A Restorative Justice Fund will not be a panacea for all that ails this city. It will not calm the shaky lives of all those impacted by Baltimore Police Department.  But it is a start.  We give money quite freely when we see it as an investment such as TIFFs from development, concessions for HQ locations.  Baltimore and the State of Maryland must see its residents as a worthy investment.

A restorative justice fund along with affordable housing, tuition vouchers, small business grants, and financial literacy courses will stabilize neighborhoods.  Unlike a Target store in Mondawmin that will pull up stakes and move, our residents are committed to the city. We can invest in the cultural heritage of the city.  Instead of denying its past, we can shape the future.

Next Up:

Using the model for victims of the 9/11 World Trade Center and Pentagon disasters to administer the Restorative Justice Fund to address the damages inflicted upon BPD victims.

Screenshot (305)