ACLU-Nebraska: Because Freedom Can't Protect Itself

Scandal rocked Omaha last summer when two officers were accused of evidence planting – but still there is no resolution. “Clearly, investigating internal allegations of corruption can be a complex matter,” said ACLU Nebraska Executive Director Laurel Marsh.  “But there is no transparency explaining whether OPD is taking this issue seriously.” 

ACLU Nebraska has been the only reason this issue hasn’t died quietly in the back rooms of the Omaha Police Department.  Follow the time line of events below:

• On May 18th, 2010, the Omaha World Herald reported that Omaha police officers were placed on administrative leave pending an investigation into allegations that they were involved in evidence tampering.
• On August 9th, 2010, ACLU Nebraska called upon Attorney General Jon Bruning to launch an independent investigation into evidence-planting allegations in the Omaha Police Department and Douglas County.
• On January 14th, 2011, ACLU Nebraska again urged Omaha Police Chief Alex Hayes to restore public confidence by calling in an independent, outside investigator.

Subsequently, Omaha Police Chief Alex Hayes finally admitted in January 2011 that the investigations were still ongoing, that the FBI had been contacted, and that criminal charges might be a possibility.  No information has been provided to explain what is taking so long, and one of the suspended officers, Frank Platt, has retired from the force with a full pension. Still, the ACLU won’t give up until we get clear answers.

ACLU CHARGES RACIAL PROFILING IN SUIT AGAINST DOUGLAS COUNTY SHERIFF’S OFFICE

For immediate release 8-17-10

For more information, call Amy Miller (402) 476-8091

ACLU Nebraska filed suit in the District Court of Douglas County yesterday on behalf of a Middle Eastern man who was pulled over and searched by members of the Douglas County Sheriff’s office.

Michael Omair is an American citizen and a Christian, but he was born in Jordan and his family was Muslim at one time.  He became an American citizen over thirty years ago.  In August 2008, Michael was driving from New York to Colorado to move to a new house and take up a new job in the limousine business when he was stopped by Douglas County Sheriff Deputy Edward Van Buren.

“The cruiser caught up to my vehicle and the deputy made eye contact with me twice before getting behind me and activating his lights to pull me over,” said Michael Omair.  The complaint filed in court goes on to describe how Michael was asked numerous questions about his national origin, race and ethnicity, subjected to a patdown search, and then detained for two or three hours while the deputies searched his car.

“They found nothing, because there was nothing to find,” said Michael Omair.  “They threw my clothes and luggage onto the side of the road so everything got dirty.  They dismantled portions of the car, including disconnecting the airbags.  And while they paged through my Quran they ripped some of the pages.  I’m a Christian now but that Quran has great value to me since I’ve had it since my childhood.”

The lawsuit charges the Douglas County Sheriff’s office with racial profiling and negligence.  “There was no probable cause to stop Michael Omair in the first place and there was no reason to search the car once it was pulled over.  We believe this is intentional discrimination in violation of the Constitution,” said ACLU Nebraska Legal Director Amy Miller.  The lawsuit seeks compensation by the Defendants for the damages incurred by Mr. Omair and  a court order requiring training for the Douglas County Sheriff’s Office to eliminate profiling. Attorneys Ronald Reagan and Richard Whitworth brought the suit on behalf of Michael Omair and ACLU Nebraska.

The case is filed in Douglas County District Court, Case No. Doc. 1110  No. 291.  The defendants will have 30 days to file a response.

Attachments:

Omair complaint.pdf

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ACLU CALLS FOR ATTORNEY GENERAL INVESTIGATION INTO
OMAHA EVIDENCE PLANTING SCANDALS

For immediate release 8-9-10

Contact: Amy Miller (402) 476-8091

ACLU Nebraska today sent a formal request to Nebraska Attorney General Jon Bruning, calling for an investigation into the evidence planting scandals in Omaha.

“It has been several months now since the news broke of law enforcement officers engaging in the planting of evidence,” said ACLU Nebraska Legal Director Amy Miller. “Residents in Omaha and Douglas County have a right to know what steps have been taken to investigate how far the wrongdoing reaches. More importantly, how does any Omaha resident know whether other files handled by the alleged evidence planters are clean or not?”

The incidents of evidence planting that concerned the ACLU:

• On May 18th, 2010, the Omaha World Herald reported that two Omaha police officers were placed on administrative leave pending an investigation into allegations that they were involved in evidence tampering.
• On June 2nd, 2010, the Omaha World Herald reported that David Kofoed, former Omaha police officer and former Douglas County CIS Chief was convicted and sentenced to prison for evidence tampering.

ACLU Nebraska Community Organizer Tristan Bonn commented, “ACLU Nebraska has already been working with Omaha residents with concerns about police conduct, including excessive force and racial profiling. We now have an even more serious problem if law enforcement is planting evidence to convict innocent people. It is time for the state Attorney General to step in and conduct an independent investigation.”

“The request is made to Jon Bruning at the highest ranking law enforcement official in the state,” added Bonn. “We believe the public’s confidence in the justice system won’t be restored with a purely internal investigation by OPD or the Douglas County Sheriff.  We need the outside, neutral help of the Attorney General in this matter.”

Attachments:

Letter to Jon Bruning.pdf

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