Some Common Council members plan to ask for an independent review of the arrest of Genele Laird, similar to what would be required by state law had police shot someone. However, it’s unclear whether the council has the authority to demand such a review.
Laird was arrested on the evening of July 21 outside of East Towne Mall’s food court by two officers who punched her, struck her with their knees and used a Taser on her. She had allegedly been threatening an employee and security guards at the mall with a knife. But a video of her arrest sparked outrage when many viewers concluded that police used excessive force.
On Friday afternoon, Dane County District Attorney Ismael Ozanne and Madison Police Chief Mike Koval announced that the charges against Laird were being conditionally dropped.
Ald. David Ahrens says the dismissal of the charges is probably a good thing -- that for both Laird and the police department it’s better “for this to just go away. But that’s not going to happen in the community as a whole, both for people who are supporters of the police and not.”
So Ahrens is seeking support from council colleagues to ask that the incident be reviewed by an outside agency, such as the state Department of Justice, which now conducts investigations whenever police shoot someone.
Koval has already announced that there will be an internal review of the incident, with input from the Dane County Sheriff’s Office.
Ahrens wants a more independent review, noting that Koval said in a press conference following the incident that his officers acted appropriately.
“The chief decided within hours after this incident that it was by the book, that there was no problem,” Ahrens says. “Then he says we’re going to do an investigation. Well, who is the lieutenant that’s going to handle that investigation and find the chief is wrong? That would be hard. The chief has already come to his conclusion.”
Ald. Mark Clear supports an independent review.
“I don’t pretend to be an expert on this, but I hear the chief saying we followed state-mandated protocols. And I see with my own eyes what happened,” he says. “I can only tell you I’m not qualified to evaluate what happened. I don’t know the totality of the situation. I do know the video is very disturbing and it’s not how I’d like to see anyone treated.”
Clear says he doesn’t know whether the Common Council actually has the power to demand a review. While the mayor and council set the police department’s budget, they are generally removed from its management. By state law, the police and fire chiefs are selected by the local Police and Fire Commission. The commission also determines any disciplinary actions of the chiefs, if complaints are brought. City Attorney Mike May could not be reached for comment on Friday.
“It’s never been clear to me what authority the council or the government of the city has over the police department,” Clear says. “That’s been a source of difficulty for these past few weeks.”
Ahrens says the council probably can’t force an independent review. “There’s so much of state law that binds municipalities,” he says. “But I think we can perhaps raise that with the chief and the PFC to say this is something that should be done.”
Clear says that it’s important that the investigation take into account police training. If they are trained to respond this way, it doesn’t mean the training is proper, he says. “You can’t train officers one way and expect them to behave another way,” he says.
The issue of whether the training is at fault, Clear says, should be examined in an upcoming evaluating of the police department policies and protocols. The council recently authorized up to $400,000 for the study, which Koval aggressively pushed back against.