Board Of Review Denied
FOR THE FIRST TIME in the long history of the Detroit Police Department, the officers involved in the Malice Green incident were DENIED a police Board of Review by then Chief Stanley Knox. Below is the text of a memorandum written by Commander Charles Henry, Chairman, Board of Review, over a year after the fact, documenting this denial and the concerns it raised within the police department at the time.
Document Photo
INTER-OFFICE MEMORANDUM
March 7, 1994
To: Chief of Police
Subject: STATUS REPORT REGARDING BOARD OF REVIEW #92-07-449
Upon notification of the convening of Board of Review #92-07-449, writer as Chairperson, contacted the Homicide Section Special Assignment Squad to apprise the Officer in Charge regarding the composition of the Board and to establish the Board’s superintending control and coordination of the investigation as mandated by the General Procedures, Volume III, Chapter 19, Section ??.1 The Officer in Charge advised writer that the investigation regarding the death of Malice Green was progressing, and that a number of witnesses had been interviewed and there would be some investigation reports available in the near future. Writer then inquired as to when the involved officers and witnesses would be available for interview by the Board. The writer was advised per direction of the then Chief of Police, that no entity including the Board of Review would be allowed to interview witnesses or become involved in the investigation being conducted by the Special Assignment Squad. The writer at that time believed this to be a temporary order because of the notoriety, sensitivity and wide spread media attention surrounding the investigation.
Writer advised the other members of the Board about the then Chief’s order. The Board did receive some reports and documents regarding the investigation. However without the authority as outlined in department procedures regarding Boards of Review, it was impossible to determine the adequacy or objectiveness of the investigation.
Members of the Board became very concerned about the apparent conflicting orders of the then Chief of Police and moreover the ability of the Board to comply with mandates outlined in the General Procedures after learning through the media about department actions regarding the investigation.
The writer as Chairperson, contacted the then Chief’s office for clarification. I was advised that a meeting of all entities involved in the investigation was scheduled for the near future.
On November 24, 1992 a meeting was convened in Commander Clinton Donaldson’s office on the third floor of Police Headquarters. Attending that meeting were al members of the Board of Review Commander Donaldson and Inspector Harold Scott of Internal Controls Division and Inspectors Michael Falvo and Iris Worthington of the Labor Relations Division. Discussion was held regarding the direction of the investigation in light of all the notoriety it was receiving. Board members expressed concerns about the conflicting orders it had received. The Board expressed an inability to complete it’s work unless department procedures were followed. Allowing the Board to interview witnesses, officers and investigators involved in the investigation.
The writer recommended that in the alternative, the Chief of Police had the authority to reassign the Board of Review to the entity or entities now conducting the investigation or whomever he deemed appropriate. Commander Donaldson indicated he would meet with the Chief and convey the Board’s concerns and recommendations.
The Department took a number of subsequent actions in regards to the investigation. The Board had no prior knowledge or input in any of the actions. Those actions include the following:
The Board was notified by Commander Donaldson of a second meeting regarding the investigation to be held on January 20, 1993. Present at that meeting were members of the Board, Commander Donaldson, Inspectors Michael Falvo, Iris Worthington, Harold Scott, Gerald Stewart and Lieutenant Tommy Alston.
Inspector Falvo stated he had been meeting with the Chief of Police regarding the investigation and had made certain recommendations and received specific directions some of which are as follows:
Inspector Stewart and Lieutenant Alston voiced concern and caution that the internal Affairs investigation not taint the Homicide Section Investigation by re-interviewing witnesses.
Members of the Board again raised concerns and questions about the role of the Board of Review in the investigation. Members reiterated that every aspect of the investigation and every decision thereof was being carried out independently of the Board of Review.
Inspector Falvo had no direction from the Chief for the Board. Commander Donaldson stated he had talked with the Chief on more than one occasion regarding the role of the Board of Review and had made recommendations to the Chief thereof. However, the Chief would not recant his previous direction relative to the Board’s involvement, nor would he give directions in the alternative.
The writer as Chairperson of the Board concluded that the then Chief of police must have had sufficient reason he did not care to divulge for excluding the Board of Review. Further that he had the authority to do so.
The Board had no further involvement in the investigation nor did it receive further direction or instructions.
The writer has discussed this matter with Commander David Simmons, Chief’s Staff Division and the other Board members and it is anticipated the Board can complete a review of this matter and submit a final report by May 6 1994.
Charles Henry
Commander
Chairman, Board of Review
cc: D.C. D. McKane, Western Operations
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