Rush To Judgment: New Documents Reveal Who Was Really To Blame For John Geer Fiasco

It seems like every day now, the Washington Post is publishing yet another article on the slow motion disaster surrounding the police shooting death of John Geer by a Fairfax County Police Officer in 2013. Despite the fact that the shooting occurred almost two years ago, absolutely nothing has happened at all.  The officer has not been cleared, but neither has he been charged either.  Now I’ve heard of the wheels of justice turning slowly, but this is ridiculous!

Earlier in the current year, the Post published a series of articles that were often quick to blame the Fairfax County Police Department for allegedly mishandling the investigation of the Officer.  Based on those articles, I offered by own insight into who was to blame, suggesting that, at least on the surface, the head prosecutor of Fairfax and the Department of Justice were more to blame than the police department.  Now however, it looks like the Post has found the true culprit behind the madness, a member of the county attorney’s office.

According to a Washington Post article dated March 5^th,documents released by the Fairfax County Police Department show that Cynthia Tianti, a twenty five year senior member of  the county attorney’s office,  told the Fairfax police to withhold internal affairs files from the head prosecutor Ray Morrogh, thereby preventing him from concluding his investigation.  At the time Morrogh thought it was the police who were obstructing him, and in a sense it was, but the real culprit, at least according to the Post, appears to be the attorney that suggested the course of action to the police. 

To make matters worse, County Board of Supervisors Chairman Sharon Bulova (D) said that the county attorney’s office failed to inform them that Morrogh had requested a meeting with Bulova and the rest of the board to discuss the case.

According to the Post article, Tianti is now on leave, and her boss, the head county attorney David Bobzien, has announced that he plans to retire in June.  It looks like a major shake up of the county attorney’s office is underway. 

My Insight:  I can only guess that the county attorney’s office was trying to mitigate the county’s civil liability in a potential wrongful death case, a course of action that Geer’s family inevitably pursued.  However, how civil liability concerns can trump a criminal investigation by the head prosecutor seems astounding to me.  

Furthermore, why is the county attorney’s office a separate entity from the prosecutor’s office?

I had a conversation with my attorney spouse about this recently.  In the jurisdiction where my wife is from, a county attorney’s office operates under the head prosecutor.  This ensures that a situation like what happened in the Geer case could never happen.  While I’m not sure that this is necessarily the right way to re-organize the county attorney’s office, it is definitely a course of action that the Board of Supervisors should consider. 

The John Geer Shooting and the Consequences Of Delaying Justice

Just a quick update: I did a little more research and found an interesting allegation from a letter to the editor in the Fairfax Times. According to this letter, the Fairfax Police refused to cooperate with our Commonwealth Attorney by refusing to turn over information. In another report by WUSA 9, the internal affairs investigation of Torres didn't even begin until after the civil suit was filed last September. If either of these allegations are true, then that changes everything. The blame would fall squarely on the police, and we need to seriously reform this department.

As any denizen of Fairfax County Virginia could tell you, the normal rule of the street is that the police are right 100% of the time; at least until they are proven wrong months or even years later and at great personal expense to you or your family.

That maxim certainly holds true for the family of John Geer and others who have been trying to find out the truth behind the mysterious police shooting that led to John’s death in 2013. Yes that’s right. John Geer was shot and killed by the police over a year ago, and the officer who shot him was … not indicted by a grand jury, (no wait, that was another story) but wasn’t prosecuted either. Instead, the case has languished in some kind of bureaucratic purgatory. Normally, the Commonwealth Attorney (the head prosecutor) of a given Virginia jurisdiction is supposed to investigate police shootings, and then determine whether they are justified or not. That didn’t happen in this situation though. Our Commonwealth Attorney, Ray Morrogh opted to not investigate the shooting because of an apparent conflict of interest.

What exactly is the conflict of interest you ask? No one knows for certain, but what is known is that the officer involved in the shooting, Officer Torres, apparently had some kind of a shouting match with an assistant prosecutor in a Virginia court room a few months prior to the accident. That sounds pretty weak if you ask me.

So Ray Morrough booted the case up to the Justice Department, and the justice department has sat on the case for the past year in a half or so. Meanwhile, Officer Torres has been on administrative leave the entire time.

Ok, that’s all fine and good for the officer, but what about Geer’s family? Don’t they deserve some answers?

Well it turns out they were in luck. Thanks to an unlawful death suit and a few discovery requests filed by their attorney, a judge recently ordered the Fairfax County Police Department to release literally thousands of documents related to the shooting. The Police didn’t make this an easy thing however. For the past few years, they have released pretty much nothing until the courts intervened.

This has led the Washington Post to allege that the actions’ of the Fairfax County Police have amounted to a cover up that has eroded the public’s trust in the department.

So with all of these jumbled issues out on the table, I’ll attempt to shine some light on this mess.

Was the shooting justified?

Even though the Fairfax County Police Department has released 1000s of documents related to the shooting, I still think it is appropriate to with hold judgment on that one. There appear to be a few conflicting stories involved, but nothing so complex that the normal criminal justice system, or a grand jury couldn’t figure out. Which I think goes to the real problem here.

Why is the investigation taking so long?

Everyone knows the Federal Government takes forever to do anything. That’s just the nature of the beast. So why didn’t Ray Morrogh get a special prosecutor appointed, or get a commonwealth from a neighboring jurisdiction to take the case? That just doesn’t make any sense to me at all. If anyone is to blame here, I’d say DOJ first, and the Fairfax Commonwealth second. There is no conceivable reason an investigation should take over two years to be completed. It is inexcusable. We the people deserve better from our government.

Did the Fairfax Police Engage In A Coverup?

Again, my instinct here is not to rush to judgment on this issue either. The Fairfax Police had a justifiable reason not to release the information. Namely, that a criminal investigation into the shooting had not concluded. However, at some point that argument started to get thin once the investigation started to drag. Now the police have managed to get themselves boxed into a corner as it now appears that the Geer family’s civil suit is the only thing keeping this case from descending into a perpetual quagmire where nothing ever happens, and Torres stays on leave until he retires.

Now whether that premise is true or not is unknown. What is known however is that the wheels of justice appear to either be completely stuck, or are moving at the speed of a glacier.

Let’s hope that all of this recent press gets those wheels turning a little faster.

Summer Updates

Fairfax County Blog:

Summer has arrived in Fairfax County, ushering in a time when kids can run wild and cause problems, but also a time when commuters do not have to put up with school buses during the morning commute.  The summer of 2013 also marks the first summer of the federal sequester, which should also bring some much needed relief to commuters.  I’ll discuss some of the highlights of the summer so far.

Cicadas:

These massive insects which appear only once every 17 years, were supposed to swarm over Northern Virginia as part of their mating cycle. However, despite all of the hype many residents didn’t see any cicadas this year.  Some media outlets blamed overdevelopment in the County, noting that new construction may have killed off the insects, which lie dormant underground for most of their lives. 

Transportation:

As noted above, the end of the school year, the start of furlough days for federal employees are all contributing toward a moderately better commute for many travelers, but don’t expect it to last.  On the plus side though, the 495 Express Lanes are up and running, and the new Silver Line of the Metro is nearing closer to completion.  Also, the State of Virginia has finally decided to cough up much needed money for regional transportation projects, and the County is bracing itself for an influx of state funding.  Whether any of these developments will do anything to ease traffic congestion in the long term however remains to be seen.

New Laws:

The start of July means that all of the new laws passed by this session of the General Assembly will go into effect today.  This means that the Police can now pull you over for texting while driving and give you a traffic ticket for this offense.  As if motorists don’t have a difficult time enough on the roads out there as it is. 

Crime:

And speaking of Police, it wouldn’t be summer without a crime wave.  A number of violent armed robberies have occurred throughout the County as the criminal element takes advantage of more people venturing out of their homes to enjoy the warm weather.  Fortunately, Northern Virginia has a well armed populace that can defend themselves if need be, provided they don’t accidently discharge their legally owned guns first.   

Schools:

Even though the school year is officially over, that doesn’t mean the County school system is lying completely dormant.  Recently, the school board voted to give County teachers a raise … even though the Board of Supervisors didn’t want to give a raise to any employees this year.  Also, the school board is looking into whether the school system should start their day earlier, going so far as to hire an independent research to study the issue.  It remains doubtful however that any real changes will be made, as any delay in the school schedule could disrupt after school activities and the 5:00pm evening commute. 

County Housing Program Hit With Budget Cuts

There are always winners and losers in every fiscal year, and this year was certainly no exception for Fairfax County.  According to the Fairfax Times, the County’s housing programs are being hit the hardest, with 6% budget cuts going into effect for the new fiscal year.    The Housing Choice Voucher program, administered by the Fairfax County Department of Housing and Community Development was specifically mentioned in the article as one of the programs that will be rolled back in the year ahead.  Under the program, participants put 30% of their income toward rent and receive a voucher from the County to pay for the rest of the rent money due.  As a result of these budget cuts, as many as 200 households who currently have subsidies from the program could see their vouchers disappear. 

It looks like it could be tough times ahead for Fairfax County residents. Is this the beginning of the end of our prosperous existence?

Board Of Supervisors Adopts 2014 Budget

By a vote of 9-1, the Fairfax County Board of Supervisors approved the budget for fiscal year 2014.  The approved budget will raise real estate taxes by 1% this year, a minor change from the 2% tax hike proposed by County Supervisor Ed Long. 

 

While the Board decided against any employee raises for the next year, it did provide seed money to several new service programs, including a plan to place mental health professionals in the county’s school system.  In addition, a special rainy day fund has been set aside by the County to serve as a buffer against future economic impacts from the sequestration defense spending cuts occurring at the federal level. 

Planned cuts in public safety were also averted under the amended budget.  The Board opted to restore funding for logistics personnel at four police stations, as well as the restoration of funding for security at certain Juvenile and Domestic Relations cases. 

 

For more information, go to:

 

http://www.fairfaxcounty.gov/dmb/fy2014/fy2014-budget-markup-package.pdf

Catching Up With Fairfax

It's been a while since I updated: Obviously, a lot going on in Fairfax right now. The FY 2014 budget is right around the corner, and Governor McDonnell is about to sign or veto the 2013 legislation from the General Assembly.  Sequestration impacts are also looming. But until all that big stuff happens here are a few morsels to hold everyone down.

Governor McDonnell Submits Amendments To Drone Moratorium:  Virginia Governor Bob McDonnell (R) submitted amendments to a proposed law that would impose a moratorium on the use of unmanned aerial vehicles (drones) in Virginia.  The Governor’s amendments would allow colleges and universities to conduct research on drone aircraft, and would also allow law enforcement to use drones for certain tasks such as search and rescue operations, or to search for a missing person.  The General Assembly will re-convene for a special one day session on Wednesday to vote on the measure.

Governor Amends Transportation Bill: McDonnell also proposed an amendment to the proposed overhaul of the state’s transportation system.  McDonnell’s proposed amendments would reduce new transportation funding by about $80 million over the next five years.  In addition, the Northern Virginia portion would also be reduced by about $70 million over five year.  McDonnell’s amendments did not alter the plan to substitute the gas tax for a heightened sales tax to cover the items.  Overall, Northern Virginia residents will see sales taxes increase by around 6% after the changes are enacted.

Serial Groper Caught On Camera: GOTCHA! It looks like the infamous serial groper, renowned for inappropriately grabbing some 24 women in Fairfax has made a potentially fatal mistake.  Newly released video footage from a local Home Goods store shows the groper entering and leaving the store after committing another attack. 

http://www.youtube.com/watch?v=nJK_E7cS_Bs&feature=player_embedded

Armed Robber Caught On Video: In another brazen display of criminality, a masked individual armed with a shotgun robbed a woman at an ATM in the Tyson’s Corner area last week.  Surveillance video of the incident has also been released.

http://www.youtube.com/watch?v=XgG4O7aQVmw&feature=player_embedded

The Long Road Ahead: Budget Avoids Deep Cuts

With the sequester upon us, Fairfax County is gearing up for tough times ahead.  According to the Washington Post, Fairfax County executive Ed Long has proposed a budget that would keep spending levels at current levels while increasing property taxes by around $260 for the average household.

All and all that is good news for the residents of the County, particularly its employees.  It also was a lot worse than what was anticipated after Long asked the heads of all agencies to prepare for budget cuts of up to 5% in anticipation of the sequester.

That said, Long has proposed eliminating employee pay raises for the times being, a big blow to County employees.  Long also plans to accomplish modest cuts this year by eliminating some 91 county jobs, 79 of which are already vacant.

Of course, this is only a proposed budget at this point.  The Board of Supervisors will vote to approve the final County budget for the next fiscal year on April 30th.