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To: Collette Flanagan, Meeting Participants, Supporters of Justice for Clinton Allen

From: Stephen Benavides

Date: April 18, 2013

RE: Seeking a Criminal Indictment, Civil Rights Violation, Request for Consent

Decree/Resignation of Chief of Police, Filing the Office of the Police Monitor

I am unable to be at the meeting tonight, but I wanted to propose a four point plan which

has been developed over years of hard work by community organizers, but which has never been

put on paper. This is by no means exhaustive, and is a first attempt at clarifying the process to

achieve relief for the family of Clinton Allen, and for other families subject to the same senseless

violence meted out by police across the U.S. In my opinion there are four different efforts that

must occur, either simultaneously or sequentially, in order to pressure the state effectively. Each

of these four efforts does that in a different way:

I. Seeking a Criminal Indictmenta. Dallas Police Officers are rarely, if ever indicted resulting from incidents of

officer involved shootings. The most apparent reason for that is that the police

protect their own through a biased Internal Affairs/Grand Jury interaction. In

order to increase the legal probability of an indictment we must support the effort

to identify potential witnesses, contact those witnesses, and have those witnesses

sign sworn statements.

b. In cases where the toxicology report shows drug use by the victim, anindependent toxicology report or statement provided by a professional must refute

the findings of that report, or more importantly, contest the effects of the

substance on the individual at the time of the incident.

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c. A report that summarizes the circumstances of the case must be generated andrelease to the media and general public as quickly as possible. The report should

include important information from the autopsy report, toxicology report,

gathered witness statements, any and all police reports, and other correspondence

with the state. The report must identify discrepancies that exist.

d. All important information should be packaged into a complete file and submittedas an independent investigative report to the Crimes Against Persons Division,

Internal Affairs Division, Public Integrity Division, the District Attorneys Office,

and the Intake/Grand Jury Division. The reports should be emailed, faxed and/or

sent through return requested certified mail. All reports should also be submitted

to the local FBI Office, as well as the Texas Rangers, with a request for an

independent investigation

II.

Civil Rights Violationa. 42 U.S.C 1983 allows for a government entitys immunity to be bypassed, and

have suit brought against them for civil rights violations. In order to file a case

originating from Dallas, TX, the attorney must be certified in the Northern

District of Texas; U.S. District Court. This is a federal court, which has

jurisdiction over suits involving government entities such as the City of Dallas

and Dallas Police Department.

b. There is typically a series of meetings with any number of attorneys before anyaction is taken. This will be frustrating for the family and may take several

months or a year before anything is filed. The statute of limitations for filing afederal suit against a government entity is two years from the date of the incident.

c. The end result of a successful 42 U.S.C. 1983 suit will come in the form offinancial compensation for the family. While a successfully criminal indictment

strongly supports any resulting civil suit, the civil suit does not undo a No-Bill.

d. Send all information and the generated report to the local FBI Civil Rights Office,the U.S. Department of Justice Civil Rights Division, the Texas ACLU, National

ACLU, NAACP, and the National Lawyers Guild for review.

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III. Request for Consent Decreea. A consent decree is an agreement between the DOJ and a Police Department or

other party subject to the suit, and is submitted in writing to a federal court. Once

approved by the judge, it becomes legally binding.

b. The DOJ initiates the consent decree process by filing a civil suit alleging theDepartment was engaging in a pattern or practice of excessive force, false arrests

and unreasonable searches and seizures. The consent decrees main purpose is to

eliminate the pattern or practice within the Department.

c. On May 8, 1987 the Subcommittee on Criminal Justice of the Committee on theJudiciary, House of Representatives, One Hundredth Congress convened a

hearing on Police use of Deadly Force. In this report, and in another

independent report generated on behalf of the City of Dallas, but severely critical

of the Dallas Police, a list of policy changes was proposed. To date none of thosepolicies have been implemented.

d. Use the inability or unwillingness of the Chief of Police to follow through withproposed policies that protect our community as reasoning to call for his

resignation. File any ethics complaints at the local, county, state, and federal

level.

e. A report detailing how the policy changes would have protected innocent lives, aswell as a recent history of police shootings, excessive force, and illegal search and

seizures should be generated and submitted to supporting local elected officialswith the aim of convening a new congressional subcommittee, as well as

requesting from the DOJ that a consent decree suit be filed against the Police

Department.

IV. Filing of the Office of the Police Monitora. The Office of the Police Monitor is a proposed ordinance that would create an

independent investigative board with the responsibility of generating and

submitting reports of officer involved shootings, or other alleged civil rights

violations.

b. When the Grand Jury responsible for determining if there is enough evidence toindict a police officer and set trial, are fed evidence from a single source, there is

a guarantee that bias in the decision making process will exist. The Office of the

Police Monitor is a powerful local deterrent to the bias created by the interaction

of the Grand Jury and Internal Affairs, and will act as an oversight committee.

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c. The Office of the Police Monitor may act as a deterrent to police violence,excessive force, and harassment, and has overwhelming support from target

communities.

d. In order for the Office of the Police Monitor to become law, it must be initiated asa petition referendum item and gain a majority of votes at a special election.

Details and Process for how that would work is attached.

Referendum-Initiative Process with Supporting State and Local Statutes

There have been many questions on the subject of how to initiate a referendum-initiative

in the City of Dallas in reference to the Office of the Police Monitor. This letter provides a

single source for state and local statutes which dictate how a referendum-initiative would work.

I. Chapter XVIII Sec. 11 Dallas City Code (Initiatives and Referendums):http://www.dallascityhall.com/pdf/cao/01Chartr.pdf

5 signatures of qualified voters needed to file Intent to Circulate Petition Signatures to be turned in 60 days following filing of Intent City Sec. has 30 to validate signatures City Council has 20 days to pass ordinance, or set special election Majority needed to pass ordinance; Effective immediately if passed Cannot be challenged for 6 months

II. Initial Time Frame (Sec. 4.02 and Sec. 277.02 of Tex. Election Code) All signatures must be obtained and filed within 180 days of first person who

signs.

All signatures earlier than the 180th day before the petition is filed will beinvalidated. http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.277.htm

III. Petition Form (Sec. 277.02 of Tex. Election Code) Signatures are to be in ink or indelible pencil.

http://www.dallascityhall.com/pdf/cao/01Chartr.pdfhttp://www.dallascityhall.com/pdf/cao/01Chartr.pdfhttp://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.277.htmhttp://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.277.htmhttp://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.277.htmhttp://www.dallascityhall.com/pdf/cao/01Chartr.pdf

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Must have printed name, signature, and residence address by street and/or numberotherwise sufficient to identify place, signers date of birth, and date of signing.

Each petition needs names and addresses of same 5 electors (the committee ofpetitioners) who are responsible for circulation and filing of petition.

Each separate petition paper or page must have an affidavit (signature) of thecirculator attached; showing that he/she personally circulated that paper

That it bears a stated number of signatures, All signatures were signed in his presence, and Circulator believes signatures are

genuine signatures

Affidavit must be signed before a notary public or other officer authorized toadminister oaths.

More than 5 persons can circulate the petition, but all circulators must make theaffidavit

IV. Submission to Voters: (Tex. Local Gov. Code 26.042; Tex. Election Code 41.001) Set for special election if: Council does not pass initiative ordinance, Council passes ordinance in a different form from petition. Submitted to voters not less than 30 or more than 60 days after final Council vote. Must have special election if not within period of regular election. Must wait until next uniform election date if none falls within period.