CD-CAAR Committee on Police and Racial Violence, 1987-1989

Online content

CD-CAAR

Capital District Coalition

Against Apartheid

and Racism
Box 3002 — Pine Hills Station

Albany, NY 12203 May 22, 1987

Dear Brothers and Sisters,

We are writing to you because you have expressed an interest in the
work of the Capital District Coalition Against Apartheid and Racism on the
issue of police and racial violence in Albany. (Our immediate concern at
this time is the McKever case - see enclosed flier.) In this letter we
will summarize our work to date, layout our analysis and goals for this
period and present our plans for the future.

On Tuesday, March 24, 1987, the Coalition held a fourm on racism and
violence which over 150 people attended. The goals of the forum were:

1. to provide information to the community about police and
racial violence in Albany and the United States.

2. to draw the linkage between racism in South Africa and the
United States

3. to create an atmosphere where concerns and issues about police and.
racial violence: can be raised, and

4. to work toward police accountability to the community.

New York State Assemblyman Roger Green and NAACP Representative Alice
Green presented historical and current information about police and racial
violence and drew the linkages. Community representatives, Don McKever,
Kim Russell and El Wise challenged the atmosphere of repression and fear
under which citizens of Albany's minority communities live. They told of
the police and racial violence inflicted on their families. They named
the names of police officers involved. They asked the community to never
_ again let an individual, a family, suffer from and then stand alone against
illegal police activities. Overall, the forum moved us forward in creat-
ing an atmosphere where concerns and issues about police and racial vio-
lence can be raised, but there is still much to do.

In order to be able to hold the Albany police accountable to the com-
munity, we must develop a strong community united and ~—o against
police and racial violence. In order to develop a united and organized
community, we must continue to creat an atmosphere where people are safe
and supported in speaking out against this violence. We see the creating
of this atmosphere as the key step at this phase of phate our commun-
ity movement ry pina police and racial violence and are therefore directing
our present efforts toward that goal.

On Tuesday, May 26, 1987, Don And Barbara McKever will take their law
suit against the Albany Police Department back to court. We are organizing
around the case to offer support to the McKever family, to take a stand
against police and racial violence, and to let members of the community
know that they can take action and they will be supported. We plan to in-
volve organizations and individuals in these efforts.

(over)

call

ato

eet

‘

-«* es
During the summer, we also plan to do educational work with the Legal

Redress Committee of the NAACP on what to do if arrested or stopped by the
police. We will continue to press for a viable Community Police Relations
Board. As well, there may be additional support work around other police

abuse cases.

At present, there are many areas of work in which you can participate.

The committee needs your help planning and co-ordinating support work for
the McKever case. If your time is limited, there are always 4 boing short
term tasks which you can do such as phoning people to inform them of the
trial, postering or handing out flyers or attending the trial for an after-

noon.

_ Your help is crucial, not only in the immediate work around the McKever
case, but, overall, to bring an end to olice and racial violence. The

next Coaltion meeting is Thursday, May 28, 1987 at 7:30 p.m. at the Urban
League, Livingston and Ten Broeck in Albany. If you are not able to attend
but can work with the committee or would like more information, please feel

free to contact us at 463-4654 or 438-0309.

neerely, , ;

Odell n ae

Eileen Kawola
Co-chairs, Committee on
Police and Racial Violence

Mewes
Ya

Capital District Coalition

Against Apartheid

and Racism

Box 3002 ~ Pine Hills Station
Albany, NY 12203

June 7, 1987

Dear Brothers and Sisters,

We are writing to remind you that the lawsuit of Don and Barbara
McKever against the Albany Police Department is now in court. We are
organizing around the case to offer support to the McKever family.
(See attached flier for details of the case)

One of the outcomes of the Forum on Racism and Violence, which was
sponsored by the Coalition in March of this year, was the decision to
take a stand against police and racial Violence. One of the most immed-
iate and clearest ways we can do this is to rally community support for
those who take a stand when their rights have been violated. A strong,
united community is needed if we are to create an atmosphere in Albany
where people are safe and supported in speaking out against injustice.

A strong, united community is needed if we are to hold the Albany Police
Department accountable to the people.

The MeKever lawsuit is being heard in Federal Court. This court is
located in the downtown Albany Post Office building (Broadway, Albany) on
the fourth floor in Courtroom #1. Normally the proceedings run from
9:30 a.m. to 4:30 p.m. Monday through Thursday. To check to make sure of
days and times, call the McKever's lawyer at 462-6753.

We are asking you to come to court and to encourage the members of
your organization to come to court. Since the trial began on May 26, 1987,
there have been five to fifteen people in court as observors and in support
of the McKevers. Your attendance is strongly urged - now,and when summa-
tions are given (probably in another week). We should never again let an
individual or a family suffer from, and then stand alone, against illegal

police aativities.
a ut
Zbitipt |

Odell Winfield

Eileen Kawola

Co-chairs, Committee on
Police and Racial Violence

Capital District Coalition
Against Apartheid

and Racism
Box 3002 - Pine Hills Station

Albany, NY 12203 ,
A Project of the Social Justice Center August 14, 1987

Committee on Police and Racial Violence

Basic goals:
1. provide information to the community about police and racial violence

in Albany and the United States

. ereate an atmosphere where concerns and issues about police and
racial violence can be raised

. work toward police accountability to the community

. draw linkage between racism in South Africa and the U.S.

2
3
4
Dear Brothers and Sisters,

At our last meeting on July 23rd we discussed the following issues:

1. Proposal by Naomi Jaffe for a statewide campaign making demands that
New York State be made a sanctuary state for refugees from Central
America and a call for a standing special prosecutor for cases of
racist violence. We discussed the links between racism in the U.S.
and Central America and the ways in which the racism leads to
policies of violence.
Further discussion on our potential involvement in this campaign is
planned

2. Demand for discipline of Officer Von Dollen Burke as a result of
the McKever case outcome. Mark Mishler will officially present
this demand at the next meeting of the Albany Community Police
Relations Board in September. Follow up discussion needed to
address other ways our committee will deal with this issue.

3. Brainstorming ideas about ways the community could develop a
mechanism for helping people who have trouble with the police.
Odell to send out letter to several community groups and individuals
who might be willing to work on this project. Report due at next
meeting.

All of the above issues need to be discussed at the next meeting

scheduled for TUESDAY, AUGUST 25th, 1987 at 7:00 pm at the
ALBANY URBAN LEACUE. LIVINGSTON AND TEN BROECK

pilisratncn let dnshtttthbseflshe tne esthetician MatenessitnscstncoetenvShcbiotaeclnwtSoe ee ae er

This will be an important Fall planning meeting, please try to be there.
In struggle,

Odell Winfield
Eileen Kawola

Capital District Coalition
Against Apartheid

and Racism
Box 3002 - Pine Hills Station

Albany, NY 12203
A Project of the Social Justice Center

COMMITTEE ON POLICE AND RACIAL VIOLENCE

Odell Winfield, Apt. C-4, Livingston Village, Albany, New York 12207

463-4654
Phyllis Blackwell, 385 Morrist St., Apt. 34, Albany, New York 12208
465-3449
Yvette Scarlett, 80 Clinton Avenue, Albany, New York 12210
462-0988
Pat Malone, 205 Lancaster Street, Albany, New York 12210
436-8219
Mark Mishler, 58 S. Manning Boulevard,Albany, New York 12203
438-2845
Elita Darg 315 Clinton Avenue, Albany, New York 12210
463-7649
Carlotta Brantley, 521 Washington Avenue, Albany, New York 12206
436-7507
Cindy Moorcroft, 51 Alexander Street, Albany, New York 12202
436-7492
JaBARI Penda, 334 Livingston Avenue, Albany, New York 12206
463-6003
Robert L. Temple, 35 Slingerland Street, Albany, New York 12202
449-3026

Merton Simpson, 439 Livingston Avenue, Albany, New York 12206
457-4145 (w)

Ishmael Muhammed, 56 West Street, Albany, New York 12206

462-4685

Barbara Winters, Urban League,Cor. Livingston and Ten BRoeck, soa N.Y.
463-312

DeWayne Briggs, 259 Clinton Avenue, Albany, New York 12210
436-8536

Alex Hanson, 89 Russell Road, Albany, New York 12203

489-6528

Mary Boncher, 89 Clinton Avenue, Albany, New York 12210
436-5425

Frank Lownes, 1 Providence Place, Albany, New York
436-0974

Eileen Kawola, 39 Academy Road, Albany, New York 12208
438-0309

Ann Frazier, Columbia Estates, Columbia Turnpike, East Deecaae N.Y. 12061
479-3

Capital District Coalition
Against Apartheid

and Racism
Box 3002 - Pine Hills Station

Albany, NY 12203
A Project of the Social Justice Center

COMMITTEE ON POLICE AND RACIAL VIOLENCE

Odell Winfield, Apt. C-4, Livingston Village, Albany, New York 12207

Merton Simpson, 439 Livingston Avenue, Albany, New York 12206
457-4145 (w)

Ishmael Muhammed, 56 West Street, Albany, New York 12206

462-4685

Barbara Winters, Urban League,Cor. Livingston and Ten rece aml N.¥s
463-3121

DeWayne Briggs, 259 Clinton Avenue, Albany, New York 12210
436-8536

Alex Hanson, 89 Russell Road, Albany, New York 12203

489-6528

Mary Boncher, 89 Clinton Avenue, Albany, New York 12210
436-5425

Frank Lownes, 1 Providence Place, Albany, New York
436-0974

Eileen Kawola, 39 Academy Road, Albany, New York 12208
438-0309

Ann Frazier, Columbia Estates, Columbia Turnpike, East Greenbush, N.Y. 12061
479-3202

— Nain

Capital District Coalition
Against Apartheid

and Racism

Box 3002 — Pine Hills Station
Albany, N'Y 12203

March 4, 1987

The Honorable Roger Green
New York State Assembly
New York State Legislature
Albany, New York 12223

Dear Assemblyman Green:

Thank you for agreeing to participate in our community forum, "Racism
and Violence," as a panelist. We are requesting that you present an over~
view of the escalation of police and racial violence nationally, and parti-
cularly in New York State; the struggle to obtain a special prosecutor for
the Howard Beach case; the organizing efforts in response to police and
racial violence; proposed legislation relevant to these issues; and the
linkage between racism here and in South Africa.

The overall goal of this forum is to create an atmosphere where infor-
mation about racism and violence can be presented to the community.

The format of the program includes your presentation and short pre-
sentations by members of the local community who are also serving on the
panel, followed by a question and answer period. The forum will begin at
7:00 p.m. at the Arbor Hill Community Center, 50 N. Lark St., Albany on
March 24, 1987.

In order to help us build for and promote the event, we would appre-
ciate a biographical sketch and additional information about your involve-
ment in Howard Beach and related incidents. The contact person to arrange
for pick up of this information is Odell Winfield at (518) 474-3703.

Your assistnace in this endeavor is vital to the success of the

program.

Sincerely

Cid Bin feld.

io cer fo

dell Wintield |
Frank Lownes
Co-Chairs of the Community Forum
Committee of the Capital District
Coalition Against Apartheid and
Racism -
Oe Se ae

Capital District Coalition

Against Apartheid

and Racism

Box 3002 — Pine Hills Station
Albany, N'Y 12203

March 4, 1987

El Wise Noisette
72 Herkimer Street
Albany, New York

Dear El Wise:

Thank you for agreeing to participate in ‘Racism and Violence,"
a community forum. As a panelist, you will be provided an opportunity
to share information about the relationship between the police and the

young oe of Albany.

The ovérall goals of this forum are:

Le
Ze
Ss
4,

to abr coe ation to the community about police and
ce I

racial viol Aibany and the United States,
to draw the linkage betingen racism in South Africa and in

the United States,
to create an atmosphere where concerns and issues can be

raised, and
to work toward police accountability to the coummunity.

The format of the program includes short presentations by the
panelists followed by a question and answer period. The forum will
begin at 7:00 p.m. at the Arbor Hill Community Center on March 24, 1987.

We appreciate your participation.

Sincerel
Cita Dri fld.
ae hae Winfield eh

Frank Lownes

Co-chairs of the Community Forum
Committee of the Capital District
Coalition Against Apartheid and
Raciam .

Capital District Coalition

Against Apartheid

and Racism

Bex 3002 — Pine Hills Station
Albany. NY 12203

March 4, 1987
To Ms. Kim Russell:

Thank you for agreeing to participate in "Racism and Violence,"
a community forum. As a panelist, you will be provided an opportunity
to share your experiences regarding racial violence and the police.

The overall goals of this forum are:

1. to provide information to the community about the police and
racial violence in Albany and the United States,

2. to draw the linkage between racism in South Africa and the
United States,

3. to create an atmosphere where concerns and issues can be
raised, and

4. to work toward police accountability to the community.

The format of the program includes short presentations by the
panelists followed by a question and answer period. The forum will

begin at 7:00 p.m. at the Arbor Hill Community Center on March 24, 1987.

We appreciate your participation.

ll Winfield
Frank Lownes
Co-chairs of the Community Forum
Committee of the Capital District
Coalition Against Apartheid and
Racism

: ad)

Capital District Coalition

Against Apartheid

and Racism
Box 3002 —~ Pine Hills Station

Albany, NY 12203 March 4, 1987
,

Ms. Alice Green
53 Ramsey Place
Albany, New York 12208

Dear Ms. Green:

Thank you for agreeing to participate in "Racism and Violence,"
a community forum,as a panelist. We would like you to address the
issues of racial violence, police misconduct in Albany and the role

of the Community Police Relations Board.

The overall goals of this forum are:
1. to provide information to the community about police and

racial violence in Albany and the United States,
2. to draw the linkage between racism in South Africa and

in the United States,
3. to create an atmosphere where concerns and issues can

be raised, and
4, to work toward police accountability in the community.

The. format of the program includes short presentations by the
panelists followed by a question and answer period. The forum will
begin at 7:00 p.m. at the Arbor Hill Community Center on March 24, 1987.

Your assistance in this endeavor is vital to the success of the
program.

Sincerel :
sr a Winfield

Frank Lownes he

Co-chairs of the Community Forum
Committee of the Capital District
Coalition Against Apartheid and
Racism

Capital District Coalition

Against Apartheid

and Racism

Rox 3002 — Pine Hills Station
Albany, NY 12203

March 4,1987

Mr. Don McKever
123 Livingston Avenue
Albany, New York 12207

Dear Mr. McKever:

Thank you for agreeing to participate in "Racism and Violence, a
community forum. As a panelist, you will be provided an opportunity
to share your experiences regarding racial violence and the police.

The overall goals of this forum are:

1. to provide information to the community about police and
racial violence in Albany and the United States,

2. to draw the linkage between racism in South Africa and in
the United States,

3. to creat an atmosphere where concerns and issues can be
raised, and

4. to work toward police accountability to the community.

We appreciate your participation.

po H.
dell Winfield
LA

Frank Lownes

Co-chairs of the Community
Forum Committee of the Capital
District Coalition Against
Apartheid and Racism

ANION AT Ri

TO: THOMAS M. WHALEN, [IT, MAYOR

COMMON COUNCIL, CITY OF ALBANY

WE THE PEOPLE, living and working in the City of Albany, demand that Albany Police Officer
Valerie Von Dollen Burke be disciplined.

Officer Von Dollen Burke tas twice been found liable in federal court for violating the civil
rights of Black citizens of Albany and has twice subjected the City to financial liability for
her improper conduct.

In 1984, Federal Judge Roger Miner found Von Dollen Burke liable for assaulting, with a
five-cell flashlight, a 51 year old, 4' 11" tall Black woman. Judge Miner awarded $5,000
against Von Dollen Burke and stated that the physical force used was “unprovoked, unnecessary
and clearly excessive. In fact, there was no need for the application of any force

wha tacever...."

In 1987, Von Dollen Burke was found liable by a federal court jury for violating the civil
rights of the McKever family by conducting an illegal search of their home in Arbor Hill.

Once again, a cash award against her was made.

Twice, Officer Von Dollen Burke has been found to have hurt Black citizens. Twice, the City
of Albany has spent taxpayers' money to compensate citizens for the wrongful acts of this
officer. And twice, the Police Department has failed to impose discipline on her. In the
McKever case, the Internal Affairs Unit of the Police Department conducted an investigation
within a year after the incident, yet did not find any improper conduct on the part of Von
Dollen Burke. In fact, the Police Department promoted her.

The Albany Police Department has failed to take disciplinary action against Von Dollen Burke,
ao it is to you, the elected officials of Albany, to take action. We, people living and
working in Albany, are concerned for our safety well-being. We are concerned that the
failure to discipline Von Dollen Burke will be seen as encouraging similar conduct by other

officers.

WE DEMAND THAT ACTION BE TAKEN
{O DISCIPLINE VON DOLLEN BURKE AND TO PROTECT OUR SAFETY

~ ne eae con snare mee ne nccee ae rd a oan ret ener

owen ene J con ne eo i —— me ~ ~ see oo

eee ns ee va one state ne re — ed eee mene om cence one corner en eee AO CTE A OOTY

<ccsctnstentansiputansaitansiiaiccsnmnenennnnnicnentiieaiiitees

PLEASE RETURN PETITIONS BY JANUARY 1, 1988 TO:

Capital District Coalition Against Apartheid and Racism
Box 3002 - Pine Hills Station, Albany, NY 12203

Summary - meeting 8/25/87

Police Violence Committee y

Capital District Coaltion Against Apartheid

1. We reviewed letter to the Police Community Relations Board requesting
action against Valarie Von Dollen Burke, police Officer. We recommend
sending a copy to the Mayor with a cover letter requesting his action.

2, We discussed the status of the Polic Community Relations Board. It seems
that the Mayor has made certain concessions which have renewed the individual
committment to the task. The committee noted that more public relations
is needed so that citizens know where and how complaints can be
registered. We discussed neighborhood (Arbor Hill) police beats, recent
drug busts, and the police department's own public relations which have
been most positive in the past several months. One committee member
expressed concern over the slow or lack of response to calls for help and
the fact that sometimes, reports on complaints are not filed. She talked
about the police statistics and the true incidence of crime. Another
committee member noted that the community needs both programs and role
models, adult males, for its children. Educational thrusts should include
not only what to do if arrested, but also civil rights. He said that we
should have a pool of lawyers to provide assistance.

3. The need for consistent strategy meetings was cited. —

4, We discussed 24 hour, 7 day coverage of a phone line which could be used
by citizens. One person noted the time involved for those non profit
organizations which already involve themselves in police matters and
the fact that most non profits can not keep their doors open 24 hours.

3 Much time was spent on the idea of conducting another forum, to be more
public, to get more people involved. Some of the points of the discussion
included the fact that we have not fully responded to the tasks outlined
out of the forum presented earlier, that we have not fully utilized the
volunteers from the last effort, and that perhaps we need to get people
to the regular meetings of the police community relations board (third
Monday of each month at the Public Library).

6. There will be a unity rally in front of the Street Academy on September
16 at 6:30 on the issue of the school to be sponsored by the Friends
of the Street Academy, the Black Power Network, the 5%ers, and the Martin
Luther King Study Network, There will also be a fundraiser at Van's on
October 3.

We summarized the items to be undertaken now as:
1. beginning work by Barbara and Eileen on the educational piece;
2. letter to Mayor on Von Dollen Burke with copy;
3. investigate the possibility of another forum or rally around the
results of the McKeever trial; and
4, publicize our cause at Black Family Day and the McKeever/Bouldin debate.
We confirmed the next meeting for October 13, at the Urban League at 7 p.m.

'
Fils j
t

REP. ROGER GREEN

NEW YORK STATE ASSEMBLYMAN

DON McKEEVER

COMMUNITY REPRESENTATIVE

KIM RUSSELL

COMMUNTTY REPRESENTATIVE

El. WISE

FIVE PERCENT NATION OF ISLAM

ALICE GREEN

NAACP REPRESENTATIVE
ALBANY COMMUNITY POLICE RELATIONS BOARD

TUESDAY
MARCH 24th

i. 7:00 P.M.

ARBOR HILL COMMUNITY CENTER 50 NORTH LARK ST, ALBANY

Sponsored By: Capital District Coalition Against Aparthied+ Racism

LABOR DONATED

Capital District Coalition

Against Apartheid

and Racism

Bex 3002 — Pine Hilla Station
Albany, NY 12203

eK ORESS RELEASE*™*
FOR RELEASE TWICE DAILY CONTACT: Eileen Kawola
WEEK OF MARCH 15 TO 24 462-7197/Pam - 2pm

Odell Winfield
4463-4654/7pm - ?pm

COMMUNITY FORUM

TOPIC: RACISM AND VIOLENCE: ALBANY-HOWARD BEACH-SOUTH AFRICA

A forum sponsored by the Capital District Coalition Against Apartheid and Racism.
Panelist: NYS Assemb!] yman Roger Green, Don McKever, Kim

Russell, El-Wise, 5 Percent Nation, and Dr. Alice

Green, Albany Community~-Police Relations Board.

Tuesday, March 24, 1987, 7pm at the Arbor Hill Community

Center, Lark and Third Street, Albany.

Free and open to the public.

Capital District Coalition

Against Apartheid

and Racism

Box 3002 — Pine Hills Station
Albany, NY 12203

Se PRESS RELEASE™* *

SS PRESS RELEASE * ©
FOR RELEASE WEEK OF CONTACT: Eileen Kawola

MARCH 15 WITH REMINDER 462~-7197/9am—-2pm
NOTICE MARCH 24

Odell Winfield
463~-4654/7pm-?pm

Albany(March 1, 1987) On Tuesday, March 24, 7p.m., at the
Arbor Hill Community Center, Lark and Third Street, Albany, a
community forum will be held to discuss RACISM AND VIOLENCE:
ALBANY~HOWARD BEACH-SOUTH AFRICA.

Its three-fold purpose revolves around (1) the need to
educate people about racism here in America and the climate
that supports apartheid violence in South Africa, ¢€2) the
need to create an atmosphere where concerns and complaints
can be brought forth and (3) the need to present an
opportunity for further orgainizing around the issue of

racially~biased violence.

Panelists include NYS Assemb! yman Roger Green, Don McKever,
Kim Russell, El-Wise(5 Percent Nation), and Dr. Alice

Green, Albany Community Police Relations Board.

The meeting is free and open to the public.

The forum is sponsored by the Capital District Coalition Against Apartheid and Racism.

AWE NEW TRIAL BEGINS TUESDAY, MAY 26 MET AT 9:30 AM.
FEDERAL COURT, POST OFFICE BUILDING, BROADWAY, ALBANY, N.Y.

(over)

~
WHAT HAPPENED?

On September 21, 1982, Law Enforcement Officer and Arbor Hill resident,
Don McKever, was disciplining his thirteen year old son for stealing candy
earlier in the day. Several police officers soon arrived at the McKever home
to investigate a complaint of a man beating a woman. McKever answered the door
with his wife, Barbara, who was obvicusly not being harmed and they both ex-

plained to the police what was going on.
The police then, not finding a problem, began to provoke one. Chaos fol-

lowed as the police became abusive, calling out racial slurs and searching the
house without a warrant. McKever and his wife were eventually charged with
assault on a police officer, resisting arrest and child abuse. The charges

were groundless and subsequently dropped.

DON AND BARBARA TAKE IT FORWARD

As a result, the McKevers have filed a five million dollar lawsuit aga:
the Albany Police Department, the city of Albany, and the individua) office:
who were involved. The six officers who were involved in the fracas were:
Valerie Van Dollen-Burker, LeRoy Layman, Kenneth Kennedy, William luryhy, Pete

Manns and Sargeant Arsenault.
The initial suit proceeding in federal court resulted in a hung jury.

The McKevers are back in federal court as of Tuesday, May 26, 1987 with
another lawsuit fuled against the same parties. They need your support.

WHY IS THIS CASE SO IMPORTANT?

In 1984, Jesse Davis, a Black man, was murdered by the Albany police.
The community was outraged. Jesse did not live to tell his story.

In this lawsuit the McKevers are making a statement to the Albany Police
Department and City Hall that instances of police abuse will not be tolerated
in this community. Whatever the outcome, the victory has already been won...

the statement is being made.

WHY COME TO COURT?

One of the outcomes of the Community Forum on Racial Violence, which was
sponsored by the Capital District Coalition Against Apartheid and Racism in
March, 1987, was a call to support the McKevers in their courageous step
forward. The McKevers are respectable members of the community. They are act~
ive in community and church affairs. If it happened to them, it can happen to

anyone.
The Coalition urges you to set aside time, take time off from work to sit

in the courtroom during the proceedings as evidence of your support for Don
and his family.

TRIAL DETAILS

This new trial is scheduled to begin at 9:30 p.m. on Tuesday, May 76,
1987 at Federal Court. The Federal Court is located in the Post Office build-
ing on Broadway in downtown Albany. The trial will most likely last several
days (the last trial lasted 5 weeks). For trial dates and times, call Don's
attorney at 462-6753. Also watch the local media for updates.

SUPPORT THE MCKEVER FAMILY
COME To COURT

The Committee on Police and Racial Violence
CAPITAL DISTRICT COALITION AGAINST APARTHEID AND RACISM, ALBANY, NEW YORK

Capital District Coalition

Against Apartheid

and Racism

Bon 3002 ~ Pine Hills Statnon
Albany, NY 12203

July 20,1987

Albany Community / Police Relations Board
Room 254-M City Hall
Albany, NY 12207

Dear Board Members:

Along with other individuals and organizations, the Capital District
Coalition Against Apartheid and Racism paid close attention to the recently
completed Mckever trial in federal court. Our understanding is that the
Albany Police Department has not imposed discipline upon Officer Valerie
Yon Dollen Burke, despite the fact that the federal court jury found her
liable for violating the constitutional rights of the McKever family.

We are writing to ask the Community / Police Relations Board to take action
in regard to the failure of the Police Department to respond adequately

and appropriately to the outcome of this trial. Some background is provided
below for your information.

Proper functioning of a police department can only occur if officers
are disciplined when they have committed a wrongful or illegal act. The
Albany Police Department conducts its own internal reviews of complaints
of misconduct and comes to its own conclusions based on these investigations.
However, the existence of internal investigations does not provide a basis
for ignoring the existence of other procedures. One such alternative procedure
is the commencement of civil suits by aggrieved citizens. The Police Department
should regard court decisions against police officers as conclusive proof
of the officer's wrongdoing even if the prior internal investigation had
come out with a different result.

Officer Valerie Von Dollen Burke has, to our knowledge, twice been
found liable in federal court for violating the civil rights of Albany
residents. Yet, to our knowledge, she has never been disciplined by the
Albany Police Department for her conduct. In September, 1984, then federal
district court judge Roger Miner found Officer Von Dollen Burke liable
for assaulting a 51 year old, 4'1l1" tall, Black woman with a five cell
flashlight. (Keyes v. City of Albany, 594 F. Supp. 1147 [1984] ). Judge
Miner awarded $5,000. against Von Dollen Burke and stated that, “the force
applied to Mary Keyes by Officer Von Dollen was unprovoked, unnecessary
and clearly excessive. In fact, there was no need for the application
of any force whatsoever . . ." (594 F. Supp., at 1154.) In the Mckever
case, Von Dollen Burke was found liable for violating the Fourth Amendment
rights of the Mckever family. :

* i h o

Pred
: ‘
‘
Bee bi de
Shee Lark erhonite elbiee DRM case) hd pau m r : 1 rn

Community / Police Relations Board
July 20, 1987
=

There are several disturbing similarities between the Keyes and Mckever
cases. Both cases involved violations of the civil rights of Black residents
of Albany by a white officer. Both cases resulted in verdicts against
Von Dollen Burke but not against other officers sued, indicating that these
verdicts are not the result of “anti-police" judges and juries. Both cases
resulted in the City of Albany spending money to compensate citizens for
the wrongful acts of Von Dollen Burke. And, in what can only be described
as a bizarre commonality, neither case resulted in disciplinary action
being taken against Von Dollen Burke.

We are troubled by the similarities mentioned above, as we are also
troubled by the fact that an Albany Police officer has twice been found
liable for violating the rights of Albany citizens. We do not understand
why Von Dollen Burke is still permitted to patrol the streets of this City
when it is possible that she will injure other citizens and cost the City
more money. We also do not understand how the Police Department could
announce immediately after the Mckever verdict that there would be no further
investigation and no disciplinary action taken. Doesn't the Police Department
take federal court verdicts seriously? Isn't the Department concerned
about potential future violations of the rights of citizens by this officer?
Isn't the Department worried about the potential cost involved in allowing

Von Dollen Burke to continue to patrol our streets?

be taken by the Police Department to protect the safety Of Our Citizens
and the integrity of the City's budget by disciplining Von Dollen Burke
and taking steps to keep her off of the streets. How can the community
have confidence or trust in the Police Department if the Department refuses
to deal with proven ‘bad apples’?

We thank the Community / Police Relations Board for your attention
to this important matter. We have asked our representative on the Board
to pursue this issue through introduction of an appropriate resolution.

j ty Very truly yours,
cmon a

Vera Michelson, Co-Chairperson

Merton Simpson, Co-Chairperson
Qek OL * sit

Capital District Coalition
Against Apartheid

and Racism
Box 3002 - Pine Hills Station

Albany, NY 12203 ¢

A Project of the Social Justice Center August 14, 1987

Committee on Police and Racial Violence

Basic goals:
1. provide information to the community about police and racial violence

in Albany and the United States
create an atmosphere where concerns and issues about police and

os
racial violence can be raised
3. work toward police accountability to the community
4. draw linkage between racism in South Africa and the U.S.

Dear Brothers and Sisters,

At our last meeting on July 23rd we discussed the following issues:

policies of violence.
Further discussion on our potential involvement in this campaign is

planned

>. Demand for discipline of Officer Von Dollen Burke as a result of
the McKever case outcome. Mark Mishler will officially present
this demand at the next meeting of the Albany Community Police
Relations Board in September. Follow up discussion needed to
address other ways our committee will deal with this issue.

meeting.

All of the above issues need to be discussed at the next meeting

scheduled for uerae-s AUGUST 25th, 1987 at 7:00 pm at the
K

FS kl Do dha Donn inc onto cna

This will be an important Fall planning meeting, please try to be there.

In struggle,

Odell Winfield
Fileen Kawola

i : ae
: j

Mal,
Aine rreterge i
sakon S Cou T get tra fouck
wilh. yp Sf hope a of, hark

dike baad: dee Yee needed.
ein at Fhe ope racking -
He belt, weet X on

bducation Ait Birbere Bit

ppc aha
“At will, Succeed A OLE

The “Albany” Plan: Effective Law Enforcement or
Public Relations Boondoggle?

One year after Mayor Whalen announced, with much fanfare, the
"Albany" Plan we must ask what has been accomplished.

Has drug traffic been stopped (or even slowed) in Albany?

No.

Have any major drug dealers been convicted for transporting large

quantities of drugs into Albany?
No.

Has there been any significant expansion of treatment facilities
and opportunities tn Albany?

iat No.

Has the Albany Police used a "profile" of young African-American
males as the basis of stopping and searching citizens?

Yes.

Have the Albany Police swept up innocent citizens in drug raids

merely because aeegene was in the wrong place at the wrong time?
Yes.

Have citizens been strip-searched without any legal basia by the

Albany Police?
Yes.?

Have the Albany Police adopted a policy of making "minor
intrusions into what would otherwise be considered constitutionally
protected rights" as proposed by an Albany County Assistant District
Attorney?4

The information and evidence available suqgests, that the

answer is "yes".

What can we do about this situation?

The Capital District Coalition Against Apartheid & Racism

proposes:

1. Medical treatment and substance-abuse treatment
should be available to anyone who requests it.

(Perhaps some of Albany's approx. $30 million surplus
can be used to accomplish thia goal.)

2. An independent civilian review board should be
established immediately to hear complaints of police
misconduct.

3. The Mayor, the Police Department and the District
Attorney's Office should immediately condemn the use of
racial or ethnic “profiles” in police actions and
investigations.

4. The community should be permitted significant involvement
in the development and implementation of a real plan to
combat drugs.

A SAR EN se mse <A ANG ROR eR Ne mB i atte a rN

leased on reports prepared by a private investigator whose firm
spent more than one week observing Albany Police at the Greyhound

station.
2pased on statements made by witnesses to arrests.

3metroland, 5/25/89. p.1ll.

T eiioeil Se asalinaaiinnedb= nial

4iss't. D.A. James Banagan, a quoted in the 5/15/89 Schenectady

AR SR ie sentient aati ee

CAPITAL DISTRICT COALITION AGAINST APARTHEID & RACISM
P.O. Box 3002-Pine Hills Station Albany, NY 12203

Pe 30
tive

i |
d ;

r oho aren 1) Mae ean A NO erent
ETD Leen ivi vr falta

LSA WINatey —
ACO 23, SIGN THE PETITION
oh ERNE 35347, SIGN THE PETITION
| NOY « FOR
Nf r* POLICE ACCOUNTABILITY

The Albany Police Department exists to serve the public, yet in the case of Detective
Valerie Von Dollen-Burke, it has acted only to provide excuses and a bureaucratic hiding
place for this officer who has violated the public trust.

Tre Police Department and the City must be made to understand that they are accountable
to the people. We do not want a proven “bad apple” patrolling our streets. We do not
want other police officers to think that they, too, can violate citizens rights without

fear of being disciplined or penalized!

WHY SHOULD DETECTIVE VALERIE VON DOLLEN—BURKE BE DISCIPLINED?

Officer Von Dollen-Burke has twice been found liable in federal court for violating the
civil rights of Black citizens of Albany and has twice subjected the City to financial
liability for her improper condct. She has never been disciplined for her improper
conduct. In fact, she was recently promoted.

In 1984, Von Dollen-Burke was found liable for assaulting, with a five-cell flashlight, a
51 year old, 4' 11" tall Black woman. The Judge stated that the physical force used by
Von Dollen~Burke was “unprovoked, unnecesaary and clearly excessive."

In 1987, Von Dollen-Burke was found liable by a federal court jury for violating the
civil rights of the McKever family by conducting an illegal search of their home in Arbor °
Hill. Once again, a cash award against her was mace.

We think it is shocking that an officer twice found responsible in court for misconduct
of a serious nature could escape discipline.

Yes. We are not in favor of any person being subjected to arbitrary discipline by an
employer.

However, Detective Von Dollen-Burke has already had her day in court. She has lost two
federal court cases. In each case, she had an experienced lawyer. In each case, she was
the only one found respmsible out of a group of officers who were aed. This shows that
the outcomes in these two cases did not result from anti-police sentiment on the part of

the judge and jury.

spect vw mapeanornnnconen 5

hoe

What does the police department say?

The Police Department explains their refusal to discipline Von Dollen-Burke by hiding behind
the labor contract betwen the City and the police officers union which requires that
discipline be imposed within one year of the underlying incident. The federal court verdicts
occurred many years later, so the argument goes, 90 discipline can't be imposed.

This explanation does not make sense. The City was informed of the nature of the victims'
claims in each of these cases within ninety days of the underlying incidents. In the McKever
case, the Internal Affairs Unit of the Police Department even started an investigation within
two weeks of the incident. The Police Department can't avoid imposing discipline by refusing
to conduct timely and thorough investigations.

In addition, the one year time limit does not even apply to these cases. An officer can be
disciplined at any time for an act which constitutes a crime. In the 1984 case, she was held
liable for am assault, and in the 1987 case, she was held liable for an act which is probably
equivalent to a criminal trespass. The question remains unanswered. Why ian't the Albany
Police Department imposing discipline on the officer who has twice violated citizens’ rights
and twice cost the City money due to her wrongful acts?

WHY IS THE COALITION AGAINST APARTHEID AND RACISM
SPONSORING THIS PETITION CAMPAIGN?

The Capital District Coalition Against Apartheid and Racism was formed in 1981 to organize
oppusition to the appearance in Albany of the South African Springbok rugby team. Since 1981,
the Coalition has continued to work in the Capital District against apartheid and to end US
camplicity in the apartheid system. We have also been active conceming issues of racism in
this country. For example, we have worked since the police shooting of Jesse Davis in 1984 to
create a civilian police review board in Albany. We still believe a review board 15
necessary. We have participated in the Community/Police Relations Board since 1986 even
though this Board has extremely limited power.

We believe that it is necessary to fight against racism at home and against apartheid in
South Africa. We believe that the struggle here is closely linked to the struggle in
South Africa and that it is necessary to speak out against racism everywhere ~ Albany,
Wappingers Falls, Peekskill, and South Africa!

eA A A AP OE RG A EE
I want to help in this petition campaign to have Police Officer Von Dollen-Burke disciplined.

Name :
Address:
Te lephone:
Please return to:
Capital District Coalition
Against Apartheid
and Racism
Box 3002 - Pine Hills Station
Albany, NY 12203
A Project of the Social Justice Center
om a A

WHAT DOES THE POLICE DEPARTMENT SAY?

The Police Department explains their refusal to discipline Von Dollen-Burke by hiding behind
the labor contract between the City and the police officers unio which requires that
discipline be impoged within one year of the underlying incident. The federal court verdicts
occurred many years later, so the argument goes, s discipline can't be imposed.

This explanation does not make sense. The City was informed of the nature of the victims’
claims in each of these cases within ninety days of the underlying incidents. In the McKever
case, the Internal Affairs Unit of the Police Department even started an investigation within
two weeks of the incident. The Police Department can't avoid imposing discipline by refusing
to conduct timely and thorough investigations.

In addition, the oe year time limit does not even apply to these cases. An officer can be
disciplined at any time for an act which constitutes a crime. In the 1984 case, she was held
liable for an assault, and in the 1987 case, she, was held liable for an act which is probably
equivalent to a criminal treapass. The question remains unanswered. Why isn't the Albany
Police Department imposing discipline on the offiper who has twice violated citizens’ rights
and twice cost the City money dim to her wrongful acts? ,

WHY IS THE COALITION AGAINST APARTHEID AND RACISM
SPONSORING THIS PETTTION CAMPAIGN?

Tre Capital District Coalition Against Apartheid and Racism was formed in 1981 to organize
opposition to the appearance in Albany of the South African Springbok rugby team. Since 1981,
the Coalition has continued to work in the Capital District against apartheid and to end US
complicity in the apartheid system. We have also been active concerning issues of racism in
this country. For example, we have worked since the police shooting of Jesse Davis in 1984 to
create a civilian police review board in Albany. We still believe a review board 15
necessary. We have participated in the Community/Police Relations Board since 1986 even
though this Board has extremely limited power. ‘

We believe that it is necessary to fight against racism at home, as well as in South Africa.
We believe that the struggle here is closely linked to the struggle in South Africa and that
it is necessary to speak out against racism everywhere ~ Albany, Wappingers Falls, Peekskill
and South Africa!

SO NONE EAE AOI ARN eB I

dee Sere aa em annctite ete se acini Nette TN CNL ET NOLO LA AN AN LCT TTT LE ENC HE AE LOA EE NE AY EEN LE OL LLL LONE LE CL OO LE OLE OR

I want to help in this petition campaign to have Police Officer Von Dollen-Burke disciplined.

Name :
Address:
Telephone:
Please return to:
Capital District Coalition Against Apartheid and Racian
Box 3002 - Pine Hills Station, Albany, NY 12203

SIGN THE PETITION
FOR POLICE ACOOUNTABILITY!

‘

The Albany Police Department exista to serve the public, yet in the case of Detective
Valerie Von Dollen-Birke, it hs acted mly to provide excuses and a bureaucratic hiding
place for this officer who fms violated the public trust.

The Police Department and the City must be made to understand that they are accountable
to the people. We do not want a proven “bad apple” patrolling our streets. We do not
want other police officers to think that they, too, can violate citizens' rights without
fear of being disciplined or penalized! ~

WHY SHOULD DETECTIVE VALERIE VON-DOLLEN-BURKE BE DISCIPLINED?

Officer Von Dollen-Burke has twice been found liable in federal court for violating the

civil rights of Black citizens of Albany and tas twice abjected the City to financial
liability for her improper condxt. She has never been disciplined for her improper
conduct. In fact, she was recently promoted.

In 1984, Von Dollen-Burke was found liable for assaulting, with a five-cell flashlight, a

51 year old, 4' 11" tall Black woman. The Judge stated tmt the physical force used by
Von Dollen-Burke was “unprovoked, unnecessary and clearly excessive."

In 1987, Von Dollen-Burke was found liable by a federal court jury for violating the

civil rights of the McKever family by conducting an illegal search of their home in Arbor
Hill. Once again, a cash award against her was made.

We think it is shocking that an officer twice found‘respmsible in court for misconduct
of a serious nature could escape discipline. ‘

TSN'T DETECTIVE VON DOLLEN-BORKE ENTITLED TO DUE PROCESS?

Yes. We are not in favor of any person being aibjected to arbitrary discipline by a
employer.

However, Detective Von Dollen-Burke has already had her day in court. She has lost two
federal court cases. In each case, she had an experienced lawyer. In each case, she was
the aly one found respmsible out of a group of officers who wre aed. This shows that
the outcomes in thea» two cases did not result fran anti-police sentiment @ the part of

the judge and jury.

Capital District Coalition
Against Apartheid

and Racism

Box 3002 — Pine Hills Station
Albany, NY 12203

March 7, 1989

fo the Board of Directors, Albany NAACP:

This letter is written out of a deep sense of solidarity with the
NAACP, a solidarity arising from the origin of our organization in
1981 during the struggle against the South African rugby team. The

NAACP played a formative and leading role in that struggle. The memberships

worked together on numerous projects since 1981 and the Coalition
is proud to count the NAACP as among its member organizations.

The long and close relationship between the Coalition and the NAACP
makes this a difficult, but necessary, letter. It is offered in the
spirit of friendly, yet serious, criticism.

We were dismayed to learn that the NAACP sent names of three nominees
to Mayor Whalen from which he will select the NAACP representative

to the Community / Police Relations Board. Our dismay is most probably
matched only by the glee with which the NAACP'S letter was likely
received by the Mayor. Based on the leadership role Alice Green has
played in the fight against police misconduct in Albany, including

her diligent work on the Community / Police Relations Board since

its creation, we believe the NAACP gave the Mayor an opportunity to
cripple the already weak Relations Board.

Many organizations, including the NAACP in previous years, simply

refused to play into the Mayor's game of purposefully creating an
ineffective Relations Board. The Mayor's strategy is to attempt to

usurp the independence of the organizations participating on the Relations
Board. The primary tactic in this regard is his bizarre concept that

he has the right to choose who represents 4 community organization.
Unfortunately, the NAACP'Ss action assists the Mayor by permitting

him to diminish the independence of the NAACP and to exploit potential
divisions within its ranks.

We believe the primary obstacle to increased accouritability for the
Albany Police Department is Mayor Whalen. His administration was

forced by community pressure ~ including from the NAACP - into creating
some sort of forum for discussion of concerns about the Police Department.
But, the Relations Board, the result of that pressure, was designed

to be ineffective. It is not a review board. It has few powers and
virtually no access to information. Fortunately, due to the relentless

wena rere

and articulate advocacy of Alice Green, the Relations Board has succeeded
in at least being a public forum for presentation and discussion of

issues relating to police misconduct. Alice, along with several other
Relations Board members, has snatched a certain measure of victory
out of the jaws of planned defeat. Certainly the Board can not be
considered a success. But, at least there has been attention focused
on key issues.

We believe that progress results from the broadest possible unity

and a refusal to accept the status quo as unchangeable. We plan to
continue to be part of building unified action in Albany to effect

a decrease in racism, brutality and arrogance in the Police Department.
We have been proud to work together with the NAACP in the past in

this regard and hope that the NAACP will continue to articulate the
strong positions that have been articulated by Dr.Green up to this
time.

Yours, for unity in the struggle to end police violence,

Steering Committee,
Capital District Coalition Against Apartheid and Racism

Merton Simpson
Vickie Smith

Mark S. Mishler
Vera Michelson

Eileen C. Kawola
Shobhna Gopal
Anita Thayer

William S. Ritchie

Capital District Coalition

Against Apartheid

and Racism

Box 3002 —~ Pine Hills Station
Albany, NY 12203

March 7, 1989

Editor, Times-Union

To the Editor:

The people of Albany will suffer a great loss due to the fact
that Alice Green will no longer serve on the Community / Police
Relations Board. Dr. Green has been the most articulate and
consistent advocate of increased accountability for the Albany
Police Department. She has worked diligently, and against great
odds, to give substance to the intentionally vague mission of
the Community / Police Relations Board. In contrast with the
prevailing attitude of "see no evil, hear no evil, speak no evil",
Dr. Green has sought to open up the complaint process and give
greater voice to the victims of police misconduct. The Capital
District Coalition Against Apartheid and Racism is proud to have
worked with Dr. Green - on the Relations Board and elsewhere

~ in the ongoing effort to decrease racism and brutality in the
Police Department. We will continue to look to Dr. Green to
provide leadership and clarity in the struggle to end police
abuse. Her presence on the Community / Police Relations Board
‘will be sorely missed.

7d eiter

Merton Simpson, irperson
Capital District Coalition Against Apartheid and Racism

Niu
one

Sponsored by The Capital District Coalition Against Apartheid and Racism

Do you know that:

10 % of the Black male population
in Albany County is in the state
prison system; and yet Blacks
represent only 4% of the entire
county.

The rate of incarceration is 12 times
higher for Blacks than Whites in
Albany County.

South Africa has the highest rate of
incarceration of Blacks among all
nations - and Albany County’ s rate
is 4 times higher than that of South
Africa.

Speakers:

Alice Green
Executive Director, NY

Civil Liberties Union

Terence L. Kindlon
Attorney, investigated the police

drug sweeps at the Greyhound
bus station

William Payne
Private Investigator and former

Albany police officer

William Benton |
Clinical Supervisor/Alcoholism

Services, Whitney M. Young
Health Clinic

Saturday, December 2, 1989
Arbor Hill Community Center
50 Lark Street, Albany

from 1:30 pm to 3:30 pm

(doors open at 1:00 pm)
light refreshments and beverages will be provided

Call 434-4037 for more information

a project of the Social Justice Center

labor donated

bs cas tormants - ALY Diagn 6S

Wednesday, January 21, 1987

rrr
L ye jon

orane

“

gury gets

| Albany

tights case

By doka Caher
‘Te Knickerbocker News

Hill couple accuses six white Albany

{
, A civil trial in which a black Arbor

ig representing the city and
Valerie Von Doilen rke,

les Arsenault, Kenneth C. Kenne-

. Peter E Manns, Wilham F.
Shivaiey ant Lacey A. Layman in a &

—mjljon suit.

Donald and Barbara McKever of

Ten Broeck Manor apartments allege
«.wagtal discrimination, false arrest,
assault and abuse of process in a
“> lawsuit stemming from a September
1982 incident.
a, Bee MeKever's claim they were
abused by police officers investigating
- “family trouble” call. The city

Testifying Tuesday in the trial

a. <

ather in the apartment and, if
‘so, whether they also had been
v

' Harbara McKever confronted Burke
in the bedroom, ordered her to leave
md then pushed the officer, Burke
-‘testafied. Burke eaid she pushed Mc-
Maewer back and was struck in the face.

Donald McKever then came into the

MO be injured his hand while strug-
giing with Donald McKever in the
_» dMecKever, a jail i
gale Commission of Correction, was

, Guisdemeanors for resisting arrest.
Ah Une request of Albany Count
Amatant District Attorney

Maya, the case was adjourned in

By STEVE NELSON

Gazette
ALBANY — The jury in a $5 million civil
rights lawsuit filed by a black couple
against six white Albany police officers will

resume deliberations today after failing to
reach a verdict yesterday afternoon.

* e =
US. District Court Judge Con G. Cholakis
' dismissed the jury for the ev at 5:32
p.m. after more than four hours of delibera-
tion. The three-man, three-woman a? Bh
considering a lawsuit filed in 1983 by
-% McKever, 42, and his wife, Barbara,
i.

The black couple, residents in Ten Broeck
Manor Apartments in Arbor Hill, claimed
they were subjected to racial discrimina-
tion, assault and battery and abuse of due
process of law by police officers responding
to a og? | gual call at their home on

. 21, 1982.
. Charles Arsenault, Det. Kenneth Ken-
nedy, and officers Valerie VonDollen (now
e), Peter Manns, Leroy Layman and
William Murphy all were accused of men-
tally and physically abusing the couple be-
fore and after arresting the McKevers for
assault on police officers and resisting ar-
rest.

Donald McKever furtne: was cha
with assaulting his son, Perry, with a jea

belt that the man said he had used to disci-
pee the child for stealing candy and other
tems from a local supermarket. It was the
child's screams and cries that originally
brought the police to the McKever home.
The jury received the case just before
lunch after summations by Lanny Waiter,
attorney for McKever, and John Shea, the
assistant corporation counsel charged with
defending the police officers.

a i &

In his summation, Shea focused in part on
the altercation between officer VonDollen
and Mrs. McKever in the McKever master
bedroom that led to the handcuffing and
arrest of the black wornan. She testified that
Mrs. McKever punched her in the face,
Later, Mr. McKever punched her in the
shoulder, she told the jury Tuesday,

“Valerie VonDollen stated that she was
struck twice by the McKevers. She didn't
break her nose, she didn't have a dislocated
shoulder, she didn't have surgery, but she
Was assaulted,” the attorney said. “We don't
have these le out in the streets to be
punching bags. have a job to do,”

He said there was sufficient testimony
Mr. McKever was “very violent” after
lice entered the apartment to examine
son who was and check the welfare
of McKever's other two children, Shea said.
He defended the three officers who subdued

and arrested McKever, saying it was more
difficult to handeuff a person resisting such

efforts.

“It is not easy to handeuff someone who
doesn't want to be handcuffed,” the attorney
said. He further defended the resisting ar-
rest ga against the McKevers, claim-
ing “you don't have to be flailing at someone
to be charged with arrest.”

He scoffed at McKever's claims of injury
as a result of beating suffered at the hands
of police. “I would sabenit 06 00, ladies and
gentlemen. if he was subjected to such a
severe beating, he wouldn't have looked the
way he did the next day and he couldn't have
possibly waited two days to seek medical
treatment.” Shea said

Shea said he did not recall any testimony
from anyone except McKever himself con-
cerning racial slurs directed at the man,
who is emp as a state jail inspector. He
called the arrest of the McKevers a “legiti-
mate probable cause arrest.“*To justify the
arrests it is not necessary to justify each
charge for each defendant,” he said, adding
that civil rights violations were possible
only if the arrests “were not justified.”

+ * *

“The question I'm going to ask you is a

very tough question,” he concluded. “I'm

goins to ask you to say ‘no’ to the
cKevers.”

Walter attacked the police officers’ as-
sertions that McKevers were the type of
20 to fight with police officers they had
nvited into their home to discuss the pun-
ishment of their child

“This is the Cosby family. This is middle-
class America. They just happen to be black
people,” he said. He disrnissed VonDolien’s
claim that Mrs. McKever initiated the con-
tact between the two. Instead, he told the

ury, VonDollen acted aggressively toward

rs. McKever only after the woman found
the officer doing something she shouldn't be
doing in the master bedroom.

“Mrs. McKever had caught Officer Von-
Dollen doing something that she shouldn't
have been doing,” Walter said.

The attorney compared the testimony of
the six officers during the trial with the
testimony they gave in deposition given in
Walter's office in 1984. There were signifi-
cant enough discrepancies for the jury to
conclude the officers collaborated on a story
that would protect VonDollen from the mis-
take she made in entering the McKever bed-
room in the first place

“Their story falls apart under analysis,”
Walter said. He scoffed at the assertion by
police that the McKevers were a ve
and violent. initiating the physical contact
with police officers. After all, the McKevers
invited the police into their home and why

nders Civil-Rights Suit Against Albany Officers

— they want to fight with them’ he
asked.

“It doesn’t make sense. It's not logical,”
Walter said. Again, the officers to
aha the McKevers as bleakly and black.
oy as possible in an effort to protect VonDol-

He accused VonDollen of up” the
of a physical attack “to Mrs.
McKever look hostile.” He, too, scoffed at
the injuries claimed by VonDolien, and Lay-
man, who had with Mr. ever.
The medica) from Memoria} Hospi-
tal for both officers showed no damage; no
medication or further treatment was pre-
scribed.

“Again, this is a tale told to cover a mis-
take, the illegal conduct of Officer VonDol-
len,” Walter told the jury. “What was
malicious was they (the officers) just didn’t
care. Just another couple of black folk —
‘they'll go to jail like everyone else, who
cares’ — They (the officers) had to see it
through ~~ criminal charges, child abuse
charges, See tl was thrown out (of
court) -- but they had to see it out,” Walter
concluded.

The summations followed five days of
testimony from the McKevers, two of their
children and all six police officers. Ten
Broeck Manor security guards, a McKever
friend, Lows DeBour, and neighbors testi-
fied as well

+ anorancynes *

S2 TIMES UNION * A , AY. . Fed. 5, 1967

es ae # F a ‘ ¢ : ' ‘
trey Armstrong . unable to reach a verdict, likely will be retried after the Walter declined to disclose the McK * proposal There was conflicting trial evidence on whether
4 19 ve ; jury panel has completed its service at the end of April. said “we don't know what the city's number is. He said Mekorans ewes o¢ Gre trash to eaten home nian
os aguas the oliy of Albeny and five potiee pretty slit,” but Walter sald hal car eae ed antes ed (a ihe two attorneys separately, and Shea led to the couple’ arrest on assault ead resisting arrest
ve ven u & counterproposal Those charges eventually diarnisend
Called Walosday whe 4s! cold wt - waits for a counterotfer trom the city later this week. _ this week. i — pot — 2
a rights action. Shea aaid the city had increased its earlier offer of $5,000, cKever, a jail inspector for the mission
M Seteg Opt © Condens ha met for about #.. ‘understood tim McKevers, who previously proposed a ¥¢ D&¥e, but I don't think we'll go with it.” schol croming gard, lai fale aret tod imprisoe
4 Donald 956,000 settlement, have now that sum by $20,000, to The MeKever, whe are “ales ai eine ment, assault and battery, violation of civil rights reciad
black, discrimination, .

‘MecKever of Arbor and Amistast cover attorney fees.
pect Sake a a 4wie expected them to go a bit lower and we'd go a bit Aveose heme on dea fi" 1h ie nena een The five officers testified “
problem call after McKever had used &
! : : _— ever —_ oe tepemmafy amount of force asd properly pertermed

SM pep

ern sai a

Victims of
police told

to speak up

By Ji Murman

Stat writer

i of brutality should |
Fspebk out us hee rights and demand |

accountability from the city police
’ department, Donald McKever said

por gro police force with false
arrest with violating his civil
rights when they arrested him at his
is ney Avenue apartment in 1982.
He {talked about his recent case in US.
- District Court and of his feelings on
polite-minority relations in Albany.

McKever was asked if he thought his
; treatment by the police amounted to
harassment.

“ft would call it
“But to prove it is hard.”

+
;
i
5
eS | HE He

|
|

members of
: the Capital District Coalition Against
' Racism.

Rights case
is topic

of coalition
meeting

A black man who says white. city

lice unjustly arrested him and-vio-
ated his civil rights will take his case
to the public tonight in Albany.

Donald McKever, whose police bru-
tality case ended in a mistrial recently,
will take the unusual step of telling his
side of the story during a meeting of
the bh nue District Coalition Against
Apartheid and Racism The meeting,
which will start about 7 p.m., will be
held at the Urban League offices at 95
Lexington Ave., Albany. :

The meeting will kick off plans for a
forum on racial violence the coalition
is planning for late in March. The idea,
according to group co-chairworman
Vera Michelson, is to talk about racial
tension in an effort to prevent it. -

“The McKever case, we feel, 4s a
very major case in the city of Albany,”
Michelson said. “We feel that his rights
were violated and we want the people
to hear directly from him What
happened.” a

McKever charged six members of

| the Albany police force with latse

arrest and violating his civil rights

| when they arrested him at his Livings-

ton Avenue apartment on Sept. 21.
1982. .

On Jan. 26, however, a US. District
Court jury in Albany could not reach a
verdict on MeKever’s ctrarges; .
ing U.S. District Judge Con J. Chot
to declare a mistrial, The city- and
McKever's attorneys are attemptipg to
settle the matter out of court. ‘

The coalition also plans a forum on
racial violence in late March. It nay

include a speaker who was involved in
tos ener Gaaek au & Miak aoe te

ty of this happening again,”

cael “We Seat Gea te
i yggea where we're reacting lecal-
y." ‘

” ~a/-t7 |
/ -_ ae om

Woman Officer Testi

fies She Was

Punched

By STEVE NELSON
Gazette Reporter

ALBANY — Four more police officers
took the witness stand yesterday in the
McKever civil-rights trial to give their ac-
counts of the events on the evening of Sept
21. 1982 — events that led to the arrests of
the Mc Kevers. a black couple for assault

& * *

Donald McKever. a 42-year-old state jai!
inspector and his wife. Barbara. 37. of Ten
Broeck Manor apartments. sued six whie
police officers in June 1983 charging racial!
discrimination and other civil rights viola-
tions. They filed the suit in US District
Court, see nay Be million in compensatory
and punitive damages

The officers who tesufied vesterday were
Leroy Layman, Valerie VonDollen (now
Burke). Wiliam Murphy and Detective Ken-
neth Kennedy Others who testified included
Joseph Muia, the assistant district attornes
who disposed of the McKever case when it
came to city Police Court. and Louis Du-
Bour, a 46-year-old director of special

ojyects for the state Department of Social
Saarinen and @ long-time friend of Donald
McKever who was in the McKever apari
ment the night the police arrived to invest.
gate a “family trouble-woman screaming”
call

The “woman” turned out to be the
MecKevers' son. Perry. 13 at the ime. who
had been spanked with a beli after his father
learned he had stolen candy and other iterns
from a local supermarket.

All the officers but VonDollen, along with

t Charles Arsenault and Officer Peter

anns, who both testified previously. were
members of the now defunct Arbor Hill
Neighborhood Police Unit VonDollen was

;

assigned to Division Two in the South End
when the incident occurred

The morning § testimony featured Lav-
mar whe Mchever previous’, had tesi hed
physically abused him and subjected tim te
racial slurs after arresting fim. ard Von
Dolien whe Mrs MeRKever had said at
tacked her anc called her a buch” after she
confronted the ofiieer in the couple s bed-
room Uhat nigh:

VonDollen admitted she called Mrs
McKever a “buch bul only after the woman
had punched her in the fac«

“Did you ever refer te the MeKevers in an
insulting or derogatory manner?” asked
John Shea the assistant corpora ior counsel
representing the officers in behal! of the
city

"I called Mrs McKever a bitch after she
punched me in the face” VonDollen re-
sponded The punch came after Mrs

cKever confronted VonDoiien in the mas-
ter bedroom. shoved her with both hands
and told her “get out of ms house white
bitch or something hhhe that.” the officer
testified VonDollen said she went inte the
bedroom under orders from the command.
ing officer at the scene Set Charies Arsen:
ault who wanted to know if there were other
children in the apartment besides Perry

The punch was thrown VonDoten sand,
during a brief shoving match berween the
two women VonDolien said she intended to
arrest Mrs McKever when she was struck a
second time in the shoulder by Mr.
McKever, who had thrown a punch at her
over the back of another police officer. Wil-
liam Murphy

“After she struck me.I was going to take
her and put her under arrest.” said \ onDoi.

ean ia ele eee ET ~—- *! ® : 4
LOLA OO LLL LAL ALOT: ae

as McKever had testified. punching. kicking

VonDoilen testified Murphy and Ar-
or otherwise physically abusing the man
* & ot

senault struggled with Mrs McKever before
handcuffing her and taking her to a waiting
ri car for transportation to the Arbor
ili unit station The only conversation Von-
Deller saod she had with Mrs McKever on
the was to the station was when Mrs
MeKever. seeing the officer rubbing her
nose Saic “dunt worry about it your nose
isnt broken | work with that ctuff every
das” Mrs McKever was emploved as ad-
mitiance officer im the emergency room at
St Peters Hospita! at that time Shea
duced a certufied record of VonDollen bei
treated with X-rays at Memorial Hospita

On cross-exarnination, McKevers attor-
ney, Lanny Walter again focused on ap-
parent inconsistencies between testirnony
@iven by officers at the trial and depositions
they each gave in the case in Walier s office
in 1984

Muia testified regarding the circum.
stances under which it was decided to ad-
pourn the charges both McKevers in
contemplation of dismissal Police had
charged Donald McKever with assaulting a

hours after the arrest of the McKevers police officer, Leroy n. a class D felo-
* * & ny. assaulting his son, y. and resisting
Mrs McKever previously had testified | arrest. Mrs. McKever was charged with as-

saulting VonDolien and resisting arrest
“Afver reviewing the facts and circum-
stances and the defendant s history and var-
sous other things I review, I made a
recommendation to the judge (John J
Clyne), that it be ad) in contempla-
tion of dismissal,” the assistant district at-

that she asked the officers not to handcuff
her in front of her children Officer Murphy,
who said he was the first officer to grab the
wornan after she “belted” VonDollen. said
he did recall Mrs McKever asking the
officers not to handcuff her

Layman’s testimony mirrored that given
by his fellow officers McKever, he said.
yelled at the officers throughout the inc:-
dent Layman said he came in physica! con-
tact with MeKever after he lunged at
VonDolien holding him from behind while
thes struggled Detective Kennedy and Off;-
cer Manns soon became involved in the
struggle Together the trio of police officers
handcuffed McKever and carned him out of
the apartment. Layman said

McKever, be said. was “very, very agitat-
ed” throughout the incident, “screaming”
about his _ and threatenmg to sue and
have the officers badges His rights were
reciied to him more than once. Layman
said He denied uttering any racial slurs or,

pervised probation” in which criminal!
charges are dismissed after six months if
the defendant has avoided further contact
with the courts.

“it is not considered a di tion in favor
of the defendant,” be said. However, under
cross-examinauion by Waller, Mua admit-

ted the decision was “a favorable disposi.
tion” for a defendant charged with

ees bs aaa, was unusual in

cases involving assaults of police officers.
have to say. yes, it 6 unusual ~

‘

torney said. He described adjournment in f
contemplation of dismussal as “sori of unsu- f

Muia hedged ai first. but then said “I would |
ma

investigate a

Lack of civilian review board, |

blamed for Albany police suit

By Jeoha Caher
The Knickerbocker News

hi oanpiagheondl- udeomgam.A saad separ ported
assaulting an Arbor Hill man have been avoided if the
city had a civilian complaint review board, an attorney
says.

Albany ai Lanny E. Walter said his clients, Donald
and ieckore lneecer &¢ tun Brome Manor Apartments,
had no option but to take their $5 million suit against the

police and the city to court. Walter said the city did not have
a@ civilian review board with court-like powers.

The McKevera, suing on their own behalf as well as that
of their three children, charge police investigating a
complaint of child abuse “barged away into their house,
falsely accused the McKevers of assault, arrested the
McKevers without cause and physically abused Mr,
McKever,” Walter said.

in 1982, police were called to the McKever household to
nt someone was being beaten.
McKever, now 41, was charged with assaulting his son. In
addition, Donaid and Barbara McKever were charged with
assaulting police.

All the criminal charges subsequently were dropped and
an Albany County Social Services Department hearing
cleared the McKevers of child-abuse accusations.

McKever, a jail inspector with the state Commission of
Correction, admitted had spanked his son for stealing
candy and other items from a store. The child yelled and
someone in the apartment complex apparently called
police, Walter said.

McKever claimed police mistreated him because he was

black and lived in the largely biack, largely poor Arbor Hill
section.

-“

“It is our belief that they never would have treated a
white family this way,” Walter said. “The McKevera did
nothing to bring this about.”

They are suing in a trial scheduled to open today bajpra.
U.S. District Judge Con G. Cholakis im Albany. ;

Named in the suit are officere Keaneth C. Kennedy,
Valerie VonDolien, Charles Arsenault, Peter K. Maama,
William F. Murphy and Leroy Layman.

A federal court in October awarded an Arbor Hill weman —

and orage oonsliha snared en Rerages. Spee diaeg
two other officers guilty of violating their civil rights.

Kim Russell and her daughter, Laneka Moore, had sought
$1 million after police burst Wite their Clinton Avense
apartment and briefly held them at gunpoint until fealiging
they had raided the wrong apartment. Kennedy and the
other officers, for an armed fugitive,
raided 394 Clinton Ave. of 396 Clinton Ave.

In late 1944, the city paid $9,700 after Von Dollen struck
Mary Keyes of Third Street in the head with a large
flashlight in 1980 while police were scuffling with the Kayes’
son.

Walter said many civil suits against the city and the
Police Department could be avoided if the city had a
powerful civilian review board. He said there was a citizens
advisory committee, bat “it has no power to
anybody to come before it and testify under oath.”

Assistant Corporation Counsel John Shea, who is
representing the city and police, was not available
immediately for comment.

The Knickerbocker News, Tuesday, Janvary 13, 1987
AERA A AE ARR EDN DIES EEL PENA SABES SEA AR NES ELL DEALLL LAIR ALE ASTM NEADS

arr rsemenwaninan mare
old stepson with a belt for stealing. According to
seperes, Frere Moana, Se Seige Hareanees Oot
a neighbor called the police.

Trial testimony revealed that six Albany police
officers — Valerie VonDolien Burke, Kenneth C.
coe, ome — — E. Manns,

illiam F. Murph: LeRoy Layman — went to
the Wnsilovec anaeuneal.

Barbara McKever, Donald's wife, confronted
VonDollen Burke in the master bedroom and ordered
her to leave. The police officer then either assaulted
or was assaulted by McKever, according to

OE oor

®y Shirley Armstrong
Statt wrier

A $5 million civil action against six Albany police officers
was declared a mistrial in U.S. District Court late Monday
after the jury reported itself deadiocked three times, court
officials reported.

Shortly after 10 p.m., Judge Con G. Cholakis called the
jury back and asked if they'd made any progress in
considering the case of an Arbor Hill couple who accused
police of false arrest, use of unreasonable force and
violation of their civil rights.

The Jury reported it had not, prompting Lanny Walter.
attorney for for the plaintiffs, to move for a mistrial, a

request joined by Assistant Corporation Counsel John Shea.
No date has been set for the retrial, court officials said.

Earlier in the day, responses by foreman Lionel Collins to
queries by Cholakis indicated the jury may have found in
favor of Barbara McKever on one and possibly two claims,
while failing to reach agreement on similar claims by ber
husband, Donald.

The McKevers ask $5 million in their civil action against
the city of Albany and the six officers as the result of a Sept.
21, 1982, incident at their 123 Livingston Ave. apartment in
the predominantly black residential area. The episode led to
the arrest of the McKevers on assault and resisting arrest
charges, which were subsequently dropped.

According to trial testimony, police responded to a report
of a woman screaming, and were advised that Donald
McKever had disciplined his 13-year-old son with a belt.
Police said McKever became loud and abusive and it was
necessary to remove him forcibly. They said Barbara
McKever was taken into custody and ha fied after she
struck Officer Valerie VonDollen Burke.

The McKevers contend an unwarranted oumber of
officers entered the apartment, that they voiced racial slurs,
iNegally searched the premises and used unreasonable

ical force. They contend it was Burke who struck

a McKever.
In the second da of deliberations Thursday, the jury
reported itself dead ed and, due to the heavy snowfall.

Cholakis adjourned the deliberations until Monday, when he

é it fi

~ “$5M action against 6 OFTICETS, CNY
Albany police cas

e ends in mistrial

reread instructions dealing with civil rights.
In mid-afternoon Monday, a note from Collins advised the
stil! was deadlocked, but Cholakis ordered continued
deliberations, reminding the jurors “this is an important
case” that has been “expensive in time, effort and money to
both plaintiff and defense ~

Pointing out that a mistrial would require a retrial, the
judge said there was “no reason to believe that six more
impartial, competent jurors” could be selected or that
“more or clearer evidence could be produced.”

Referring to a questionnaire, provided to the jurors a3 an
aid in reaching various required determinations, Cholakis
asked if the jurors had agreed upon various answers.

Collins said the jurors had discussed the situation for “the
last half-hour or 45 minutes” and “no key testimony and
nothing in your charge could cause us to change our minds.”

He added that “we are not hung up on the testimony.”

The questionnaire contains 12 questions. Collins said the
er had not agreed on Question | which asks whether
ald McKever proved, by a fair preponderance of
credible evidence, that he was falsely arrested and
imprisoned by Officers LeRoy Layman and Peter Manns
and Detective Investigator Kenneth Kennedy. He said they
had also failed to agree on Question 2, asking if there had
been proof of substantial force against McKever by either of
those three officers.
However, Collins said, there had been agreement on
Questions 3 and 4, relating to whether Barbara McKever

partially answered.
Shea said he was not convinced the partial answer
reflected an earlier finding in favor of Barbara McKever.

Defendants and plaintiffs clearly were disappointed with
the jury's failure to reach a verdict. Faces of the officers ~

with court appearances followed by full or overlapping duty
shifts — were lined with tension and fatigue.

Metadata

Containers:: Reel 6
Resource Type:: Document
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: January 16, 2024

Using these materials

Access:: The archives are open to the public and anyone is welcome to visit and view the collections.

Collection restrictions:: Access to this record group is unrestricted.
Collection terms of access:: Per the microfilming agreement, the M.E. Grenander Department of Special Collections and Archives may allow research use of the filmed records and grant permission for the scholarly non-commerical publication of quotes from them. Rights to the microfilmed materials still reside with the Capital District Coalition Against Apartheid and Racism.