ACLU issues requests in memo probe – The Inter-Mountain

ELKINS The American Civil Liberties Union of West Virginia has filed an additional five Freedom of Information Act requests as part of its investigation into a memorandum issued by former Elkins Police Chief Craig Cross that called drug dealers cockroaches and encouraged profiling and violence.

FOIA requests were sent Wednesday to the Randolph County Prosecuting Attorneys Office, the Randolph County Sheriffs Office, the West Virginia State Police, West Virginia Attorney General Patrick Morrisey and to Gary L. Johnson, of the Administrative Office of the Courts in Charleston.

The ACLU is seeking documents from Prosecuting Attorney Michael Parker including, a list of all arrests made during Cross tenure as police chief, a list of all criminal charges during Cross tenure, a list of all assets seized during Cross tenure, a list of complaints against the Elkins Police Department, any and all communications or documents containing the word cockroach, and several other documents.

From the sheriffs office, West Virginia State Police and Morriseys office, the ACLU is seeking complaints filed against EPD, closed investigations on the Elkins Police Department, documents relating to the Watson house on Kerens Avenue, procedural documents, internal and external documents using the word cockroach, and several other documents.

From the Administrative Office of the Courts, the ACLU is seeking complaints against the Elkins Police Department during or after Cross tenure, actions taken by the office, and documents and communications relating to the cockroach memo.

This is the second round of FOIA requests sent by the ACLU of West Virginia. The first FOIA request about Cross memorandum was sent to the Elkins Police Department at the end of February.

In the memo, Cross wrote, in part, If you see any suspected cockroach walking around OUR town with a big a- knife or backpack or hoodie on with the hood up I want them stopped and identified, you know what I want them harassed if you know they are a cockroach. I want people stopped and checked out! PUT THE FEAR BACK INTO THESE COCKROACHES! Stomp cockroach a- if needed! YOUR (sic) COPS AND AS LONG AS YOU WEAR THAT PATCH ON YOUR SHOULDER THIS IS YOUR TOWN! WE WILL EITHER MAKE PEOPLE RESPECT US OR FEAR US, PREFERRABLY BOTH!!!!

Joseph Cohen, the executive director of the American Civil Liberties Union of West Virginia, said the memo was a clear violation of the Fourth and Fifth amendments of the U.S. Constitution.

The Fourth Amendment guards against unreasonable searches and seizures of property and protects against arbitrary arrest. The Fifth amendment guarantees the right to a grand jury, forbids double jeopardy and protects against self-incrimination, as well as requiring due process of law.

The memo is absolutely shocking, Cohen said. It shows a police chief that totally disregards any concern for due process. It shows a department that is completely unconcerned with the constitutional limitations on searches and seizures. It shows a culture of dehumanizing people based on where they live or how they dress.

To the Elkins Police Department, suspects are not human. They are cockroaches, Cohen added. The chief encouraged the use of violence to intimidate and harass people. Why would anyone in Elkins have faith in the criminal justice system? The police department clearly was not an impartial arbiter of the law.

By issuing the memo, Cohen said Cross has put the city and county legal system in peril.

The chief not only would seem to have encouraged the violations of (the) rights of citizens, repeatedly, he also jeopardized any prosecutions that were handled under his leadership by flaunting the requirements of the Constitution, the state ACLU chief said.

Cross resigned as chief in January, but stayed on as first sergeant until he resigned from that position on Feb. 6. Cross took over the department in April 2015.

J.C. Raffety is serving as interim chief until a permanent selection can be made.

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ACLU issues requests in memo probe - The Inter-Mountain