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Cohen Presses Attorney General about Police Training and Independent Review Act and Darrius Stewart Investigation

July 12, 2016

[WASHINGTON, D.C.] – Congressman Steve Cohen (TN-09), Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, asked Attorney General Loretta Lynch today about the recent surge in support in Congress for the Police Training and Independent Review Act (H.R. 2302), as well as the Department of Justice’s investigation into the shooting of Memphian Darrius Stewart. The questions occurred at a House Judiciary Committee hearing. Video of Congressman Cohen’s question time with the Attorney General can be found here.

“We have a real problem in this country when it comes to the relationship between police and the communities they are sworn to protect and serve. Black lives matter,” said Congressman Cohen. “Congressman Lacy Clay and I put forward a bill last year, the Police Training and Independent Review Act (H.R. 2302), to address two of the major issues to help improve this relationship.”

The bill, which is supported by the NAACP and has been endorsed by the Chicago Tribune, would withhold some federal funding unless independent prosecutors are used to investigate and, if need be, prosecute instances of police use of deadly force. “Asking a local prosecutor to investigate the same local police with whom he or she works so closely on a daily basis is an obvious conflict of interest. Even if the prosecutor does everything right, the action can still appears biased,” continued Congressman Cohen. “If we are serious about restoring a sense of trust, we need to eliminate this conflict of interest.”

The bill would also withhold some federal funding unless police are trained on issues of cultural diversity and racial bias.

H.R. 2302 has 77 cosponsors in the House of Representatives.

Congressman Cohen also asked the Attorney General when the Department of Justice would conclude its investigation into the death of Darrius Stewart, a 19 year old African American from Memphis who was shot to death by Memphis police following a traffic stop involving a broken headlight. Stewart was a passenger in the vehicle. Congressman Cohen requested the investigation.

Additional information on the Police Training and Independent Review Act (H.R. 2302):

Press coverage includes:

Chicago Tribune:
Police deadly force cases call for independent prosecutors

USA Today:
Lawmakers seek congressional hearing on police shootings

The Hill:
Calls mount for outside probes of police shootings

The New Republic:
Lawmakers are trying to fix what went wrong in the Tamir Rice case

UPI:
Democratic bill calling for independent reviews of fatal police shootings gaining support

The Hill:
House Dems: Use independent prosecutors for police shootings

ABC 7 Chicago (WLS-TV):
Deadly force dilemma: When should prosecutors step aside?

Last year, New York Governor Andrew Cuomo began requiring the use of an independent prosecutor for police killings. See NY Times: Cuomo to Appoint Special Prosecutor for Killings by Police

H.R. 2302 addresses a key recommendation included in President Obama’s Taskforce on 21st Century Policing’s final report: (See Action Item 2.2.3 in https://www.cops.usdoj.gov/pdf/taskforce/TaskForce_FinalReport.pdf -- on p. 21 of the final report):

“2.2.3 Action Item:

The task force encour­ages policies that mandate the use of external and independent prosecutors in cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths.

Strong systems and policies that encourage use of an independent prosecutor for reviewing police uses of force and for prosecution in cases of inappropriate deadly force and in-custody death will demonstrate the transparency to the public that can lead to mutual trust between community and law enforcement.”

In her prepared remarks, Attorney General Lynch stated, “We will continue to promote the recommendations of the President’s Task Force on 21st Century Policing through training and technical assistance.”