When you can’t trust the police…

Prologue: In a city where the tally of unsolved murders reach the triple digits each year, it is still surprising when a homicide detective’s murder becomes a cold case in Baltimore City.

The November 2017 broad daylight shooting death of detective Sean Suiter in a residential neighborhood has reached its third anniversary. The one sketchy suspect description was quickly recanted by the one eyewitness (also a detective).

With each passing year, it looks more probable (and not just possible) that Suiter was lured to Bennett Place, trapped in the alley, put down like a dog in the street, and the crime scene (held by police for an abnormally extended time period) was staged to look like a suicide.

A bombshell press conference by Suiter’s grieving family broke through the typical blue wall of silence in May 2019 when they claimed that the 39-year old’s murder was an inside job. This occurred on the heels of the department pledging to investigate itself when it brought in a panel called the “Independent Review Board” (IRB) to review their casefiles and in their 2018 report arrived at a manner of death different that the coroner (suicide versus homicide).

To be clear, the Suiter family believes Baltimore police was involved in the murder of one of their own, and they are not alone.

Cops controlled the narrative and the neighborhood

Controlling the narrative about the possibility of Suiter being shot with his own service weapon that allegedly was found under his body was equally as important as controlling movement in and around the crime scene around the clock for days on end.

A sober look at the case reveals much of what local media outlets have “reported” is merely a regurgitation of Baltimore Police spin. Consider the source: maybe, just maybe, the department could be frantically covering up a murder, making it prudent for professional journalists to take what law enforcement said (and probably more important what they haven’t said) with a healthy dose of skepticism.

Coverage of the Sean Suiter homicide began with widely reported misinformation that he was shot as he knocked on doors following up on a year old triple murder in the west Baltimore community of Harlem Park. The public later learned that he was likely confronted in the alley (and not the lot) and that he was assisting another junior homicide detective (David Bomenka) with his murder case that happened just weeks prior.

Unfounded Accusation #1: Suiter was shot with his own gun.

Truth: That is pure speculation on four crucial fronts:

  1. BPD (poorly) reenacted the “discovery” of the bullet that they said killed him. This happened in front of cameras by members of the homicide unit after the crime scene unit had released the area coming up empty after digging in the exact same spot looking for other missing bullets. NOTE: The “evidence” was too damaged to run ballistics tests to try and determine if Suiter’s gun fired that bullet. All that can be proven is that the bullet dramatically “discovered” at the scene is the same type that is used by BPD. It is not hyperbole to state that Baltimore Police have made an artform out of planting evidence.
Screengrab of a local television station’s cameras that captured BPD “discovery” of the bullet that killed Det. Sean Suiter just after ending the weeklong lockdown “securing the crime scene” ie media blackout – only to have reporters camera’s booted out again.

2. Suiter’s gun has a serial number. The public has have not been shown if the weapon tested has the same serial number as the Glock service weapon that was assigned to him.

3. The public should be comfortable assuming only that the bullet that killed Suiter likely came from one of the thousands of similar weapons issued by the Baltimore Police department.

4. Suiter may not have ever fired a gun that day. His hand were wiped clean by an overzealous (unidentified) hospital employee, police said. While the report spends an inordinate amount of time discussing the blood on his sleeve, no mention was made of whether gunshot residue (GSR) tests were performed on his shirt or his jacket. Also curious is that BPD originally reported that blood was recovered on his suit jacket and was later changed to his sleeve for no apparent reason once the suicide theory took hold. No explanation is provided for the absence of any photographs on either Suiter’s jacket or his shirt before the IRB became involved a whole year after the shooting.

Unfounded Accusation #2 : Suiter fell on his gun.

Truth: No one has come forward saying they saw Suiter fall or can definitively say where his gun was before he was moved into the patrol car:

At best, the detective with Suiter is an unreliable witness (also a tradition at BPD) and at worse he saw who killed the detective, manipulated the crime scene and/or took part in the cover up. Only photos grabbed from body worn cameras (BWC) of responding officers were provided to the press and there have been no statements attributed to any specific individual saying he or she saw the gun under his body.

It’s not out of the realm of possibility that BPD planted a gun at the scene, removed it and submitted one into evidence and claimed it to be Suiter’s. Ironically, Suiter was scheduled to testify about how multiple Baltimore police officers conspired to hide an illegal fatal car chase by planting evidence that sent two innocent Black men to prison rather than admit they were merely speeding.

NOTE: BPD was reprimanded by the IRB for the contaminated crime scene and “recovery” of a service weapon from the trunk of a patrol car belonging to an unidentified officer at some unspecified time that was logged into evidence as Suiter’s gun.

Baltimore Police’s “Independent Review Board Report. Page 37
  1. In his official interviews, according to the IRB report, homicide detective David Bomenka changed his version of what he saw: included seeing a. Suiter in the act of falling, b. having just collapsed to the ground and c. having had already fallen. But he was was steadfast that he didn’t see a gun in his hand; he only said that he saw gun smoke near Suiter.
  2. Most surprisingly, we don’t know if Bomenka saw or heard Suiter on his departmental radio. There was a transmission of Suiter sounding like he was in distress just as he was shot, according to officials. That would be a question worth knowing the answer to.
  3. When back up officers arrived once Bomenka (or someone) called 911 (the public has not heard the recording either), the photo from the BWC and presented in the IRB report is out of focus and unclear. The peculiar wording indicates the officers “could see” the gun, not that they did see or even that said that they saw the gun. It’s a crucial distinction.

The newspaper of record in March 2018 reported as fact that Suiter’s gun, “freshly fired” was underneath his body when responding officers arrived. It’s important for responsible journalists to distinguish what police said and attribute their claims to the source as opposed to offering up speculation as factual information to a trusting public that journalists have not independently verified or obtained similar statements from multiple sources on the record.

Out of many, the most absurd claim is IRB’s determination that Suiter’s weapon undisputedly fired the fatal shot as it defies logic. First, they tested the blood on the gun BPD found in the patrol car of an unnamed officer who presented it as the same gun that was “freshly fired” that no one saw under his body. Voila, the blood tested on the gun gift wrapped to them matched Suiter’s DNA. Mind you Suiter was transported in a patrol car to the hospital bleeding from a head wound. Whoever removed the gun from the crime scene had ample opportunity to place blood on a service weapon – either a random service weapon or actually the one that belonged to Suiter.

IRB’s suicide theory would have been a more convincing claim had the IRB report included:

  • the serial numbers of Suiter’s assigned weapon showing they matched the gun tested
  • the gun tested was the exact same one was recovered at the crime scene (instead of a car trunk), but there are no crime scene photographs of where the gun was found making this impossible
  • BWC that clearly captured arriving officer’s discovery of the gun under his body as he was rolled over that may or may not be available
  • crime scene photos of the location of the gun and the bullet that no one thought to take
  • whether or not Suiter’s DNA was found on the “recovered” bullet
  • if bullets and casings didn’t just magically disappear from the scene after Suiter died

Confusingly, IRB depicts in a photo the bullet that was not tested for ballistics, have no DNA on them (presumably), and have zero evidentiary value. What should be pictured is Suiter’s firearm circling where the blood splatter was located that actually tested positive for his DNA. Page 42 of IRB report.

Missing from the report is exact amount of blood splatter reportedly on the gun that IRB tested for DNA recovered and tested from the barrel and gun surface. An assessment should be made about whether Suiter’s blood found on the weapon is consistent with someone adding blood to it, or if it is likely that the blood was from a single shot being fired at close range near someone’s head. The IRB made a similar splatter determination with blood photographed on the sleeve, but did not do so with the “smoking gun.”

The problems with a complicit media

So many questions remain unanswered about the investigation, despite the IRB. Last year, a second review of the case by Maryland State Police (MSP) was conducted, but to date no report was released to the public. Unlike the IRB, MSP did not conduct a press conference leaving media outlets to get the finding from Commissioner Michael Harrison. Without any scrutiny from the public, MSP concluded that Suiter shot himself in the head after firing three or more shots into the air before shooting himself.

Neither panel brought in by Baltimore Police department to “investigate” their investigation reported on the lockdown of Harlem Park and BPD certainly didn’t request that either group look into whether it was possible that anyone manipulated the crime scene as part of a wider cover up.

As long as the case remains open, public access to documents remain shielded. Harrison, the fourth commissioner since the shooting, had called the investigation closed after MSP’s findings, only walk it back once the State’s Attorney’s office countered him by calling it an open and pending matter last year as the second anniversary of Suiter’s death approached.

Even with what little is known, it should be at least clear that beyond statements attributed to David Bomenka, nothing reliable has been presented that 1. Suiter was shot with his own service weapon or 2. that his body fell on a smoking gun. Such reporting is far from fact and closer to fable. What is discernable from the reporting is that members of the media were not able to view BWC, did not hear the 911 call for help, have not spoken with any investigators on the record, or even been given witness statements to read.

In advance of the August 2018 IRB report the Baltimore Sun used unnamed and anonymous sources to float out the idea that Suiter shot himself in the head and then fell on his “freshly fired” gun as “new details”.

More from Baltimore Sun’s story by Justin Fenton from March 2018 just before the announcement that an IRB panel would be reviewing the methods BPD used to investigate the homicide.

Residents in the community heard between four and five gunshots according to news reports. Miraculously, after occupying the neighborhood for a week, the crime scene unit was unable to recover a single bullet, although they did retrieve three casings near where he lay dying in the lot. There’s no definitive proof offered that the recovered casings in any way matched Suiter’s weapon, yet the IRB said without hesitancy that they came from his gun, presumably because they were recovered near his body. The leaps in this reasoning might not be judged as too far fetched- had they found the other missing bullets that went into the air but didn’t come down where they could be easily found even after a week of looking for them.

Regrettably, mainstream media in real time shrugged at the occupation of West Baltimore during this entire process, arguably because of the nature of the crime makes them sympathetic to the dangers of law enforcement and more subtlety because the color of the skin of the people complaining about overreach made their claims less newsworthy. Although in November 2019 the ACLU heard the complaints and filed a lawsuit against BPD which did gain media attention.

To any casual observer, the unprecedented 24/7 lockdown of the neighborhood had nothing to do with looking for a shooter, or finding bullets (since they came up empty on both fronts) but served to manipulate the scene and make sure any concocted story would match witness accounts prompting a social media hashtag #FreeWestBaltimore.

Don’t Blame The Messenger: A Case for Defending TMZ

Law enforcement in Los Angeles County has drawn first blood against online celebrity news organization TMZ. The Los Angeles Sheriff’s department admonished the online news organization for reporting that Kobe Bryant died in a helicopter crash on Sunday, January 26th before its members could officially notify the victims’ next of kin.

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Screengrab capture Twitter @TMZ

Bearer of Bad News

Being on the receiving end of hearing that a loved one has died is never easy, no matter who the messenger is. If the death is unexpected, let alone violent, only makes the news more unbearable.

No “good way” exists for the family of the victims of a helicopter crash to hear that no survivors were recovered from a fiery ball high above the hills surrounding Malibu, California. The healing will never be complete for those who loved: Kobe Bryant, Gianna “Gigi” Bryant, Alyssa Atobelli, John Atobelli, Keri Altobelli, Christina Mauser, Payton Chester, Sarah Chester, and the pilot, Ara Zobayan.

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Screengrab Twitter @LASDMurakami

The space shuttle Challenger exploded on live television in 1986 killing everyone on board. Surely family and friends were taken aback at the horror that unfolded before their eyes. Among others, family members of Cantor Fitzgerald’s employees who were working when an airplane flew into the World Trade Center, would have benefit from preparing, but instead all were shocked as the towers imploded in New York City on September 11, 2001.

Accidents happen.  Notification of the sudden death of Kobe Bryant was big news. Peoples’ horrified reaction upon learning that family members (who were aware that people they loved were also in the helicopter) were notified of the accident via TMZ is understandable.  This happened simply because the news worthiness of the celebrity on board of the downed helicopter and it is indeed regrettable. It’s a sad, sad story.

Let’s make this clear:  TMZ reporting on the facts as they knew them, as soon as they felt certain of it, did nothing wrong.

Hero Worshiping

Hearing that a celebrity died evokes similar feelings as it was a family member. No one wants to learn from a Tweet that someone close to them died in an accident. Our country’s most revered heroes aren’t (as they are in some cultures) teachers, scientists, revolutionaries, writers, or statesmen; we make gods out of professional athletes.

We cannot escape celebrity culture. Helicopters fly over “private” weddings and disrupt solemn funerals. The tabloids, gossip columns fueled by paparazzi of yesteryear have been replaced by anyone with a working cell phone and camera. Law enforcement released photos of superstar musician Prince’s last known healthy moments before falling fatally ill, as reported by TMZ.

So, it’s not a lost point that people want to blame the media for being the bearer of bad news.

What Journalism Is and Isn’t

It bears watching how long law enforcement and public sentiment stay married as unlikely bedfellows in this instance.  Emotions are raw, making TMZ, owned by Warner Brothers, an easy target.

As one of the largest and most successful purveyors of “checkbook journalism”, TMZ, isn’t free of criticism.

No reputable news agency will admit to paying for stories. Those that do are admonished and labeled tabloids or gossip rags.  It is unknown how much TMZ pays and if it goes so far as to pay corrupt public servants receiving taxpayer dollars to act as snitches for sale.

Getting to the story first is one of the last badges of honor those working in the industry has remaining.

TMZ, which debuted in 2005, has quickly and rightfully earned its place high upon the pantheon for getting celebrity scoops. It gained notoriety with the actor Mel Gibson’s DUI arrest and earned Newsweek’s “Breakout Blog of 2007.” By 2009, it earned its place in pop history and media bonafides by being the first to report the death of global superstar Michael Jackson.

Getting the news fast and accurate is what most outlets strive to do. Most of what gets to the masses from law enforce through a public information officer (PIO) has been scrubbed to remove any chances to taint the criminal justice process.

Media does not have the same obligation as law enforcement officers.

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Screengrab Twitter @TMZ

Money most assuredly corrupts most things that it touches. If paying for a story casts doubt in the mind of the public of people’s motives for selling it, or evokes suspicion about the accuracy or authenticity of the information, that’s sound enough reasons to not do it.

In the case of TMZ, that doesn’t seem not to be the issue with its highly publicized and one the money scoops. It has avoided being duped with a forged document or a fooled by a tampered video.

Timing in the news business has always been of the essence.

From the other side of the lens, celebrities themselves have been part of greasing the wheel of exploitation and aiding the race of media giants to get the story first. Reportedly the photos of the twin babies of Angelina Jolie and Brad Pitt was sold in 2008 to People Magazine for $14 million. The famous couple has not confirmed that amount, but did disclose that their photos from their daughter Shiloh two year prior was sold for a $2 million donation to charity.

In a New Yorker interview, TMZ’s managing editor Harvey Levin said nominal amounts are paid to sources for tips. Money is handed out for a list of clients for a limo service, photographs, and reportedly $250,000 for the elevator video of Solange Knowles altercation with JayZ in an elevator with Beyonce (TMZ has said it paid $5,000).

Policing the Free Press

The LA Sheriff’s department is riled up in wake of this tragedy because a news agency did not bow down and wait for them as the last and authoritative word in reporting the facts. TMZ had other reliable sources.

A nation’s hero died.

TMZ did what any responsible corporate outlet would do. It  kept to it’s business plan.  It answered to Warner Brothers’ stockholders. It scooped the mainstream outlets. TMZ bypassed the authorities who sanitize and eek out information on the justice system’s timetable. We all should expect blowback.

I’ve been thinking about my RT last night (see below), mere hours after the story broke that family members learned of a loved ones’ death via a news outlet instead of law enforcement authorities.Screenshot (3361)

 

We should applaud TMZ for not simply becoming an amplifier for government agencies repeating sanitized versions for the masses.  Too many times in my hometown of Baltimore, reporters rely only on law enforcement. Entire stories are single sourced, ie “police say” and through only one “authorized” channel.

More corporate media types should work to cultivate independent and reliable sources outside of the public relations offices of law enforcement.

A free and unencumbered press is essential to a working democracy.

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