Friday, November 9, 2018

got a letter from the cops.

I am currently in receipt of your OIPRD complaint, received by the Windsor Police Professional Standards office on November 5, 2018. If at all possible, I would like to discuss with you your wishes regarding this complaint, and how to resolve it and or investigate further. I am under the impression that you were informed by the OIPRD of the Informal Resolution program, which I would be happy to discuss with you further.  It has been my experience that the Informal Resolution program is an excellent measure to resolve public complaints about the police and most often leaves both the complainant and the involved police officer with a better understanding of each other. If you wish, you may speak with the officer directly or I can shuttle your concerns to the officer involved as well. If this is not something that interests you, I would be happy to explain the investigative process, and arrange a time to conduct an interview with you in regards to your complaint.

Please feel free to contact me by email or at the phone number below.

Kind regards,

this is my response:

i do not have confidence in the windsor police to conduct a review of
this matter, as you have already declared yourself in a conflict of
interest on this file. this is in your own omission, and i expect you
to excuse yourself, as you already have.

i am not interested in an informal resolution process; i want a
thorough review by an outside body.

i will follow up with ======== by phone in the morning.

===

i meant to say admission rather than omission. i apologize; my
"morning" coffee is just kicking in.

i want to be more explicit as to why i'm rejecting an informal
resolution, and why i'm pushing for an outside review.

i made a complaint about what was essentially police harassment on
sept 14th. on sept 24th, i was arrested without a warrant on a hybrid
charge and held without cause for nearly 24 hours. on the day after my
first appearance, i was told that the case would be being moved to
chatham due to a conflict of interest in the windsor office. the
chatham office is not seeking jail time but a year of probation on a
summary conviction; i claim that there is no evidence against me in
the case, and i expect the charges to either be dropped or for the
case to be dismissed.

i do not know details regarding the conflict of interest at this time,
however i believe that the reasons i was both arrested and charged on
behaviour that i claim is not criminal are due to the nature of this
conflict of interest. at the least, it does not make sense for the
department to excuse itself from a prosecution based on a conflict of
interest, and then carry out an investigation of the circumstances
leading to charges around that prosecution. if it feels that the
conflict is serious enough that it cannot prosecute - as it has
already stated - then it must also feel that the conflict is serious
enough that it cannot investigate. nor could the results of such an
investigation be taken seriously, if presented in a court of law - and
you should expect that the results of this investigation will be
presented in a court of law, in time.

i feel that i was harassed by the officer, but it will not be clear if
the harassment is substantive enough to press charges until the
investigation is completed, including a full understanding of the
nature of the conflict on the file. i do, however, believe that there
is a very good reason to think that charges against the officer will
eventually be laid.

i am a model citizen with a clean record, advanced university degrees
and a nexus card, and am not going to just go away. i don't want this
dealt with as quickly as possible, i want the officer held fully
accountable in as lengthy and as thorough a process as is necessary.
this cannot happen again.

so, i will repeat the following:

1) the windsor police have already declared a conflict of interest on
this file and are consequently obligated to excuse themselves from
investigating the matter further.
2) no reasonable person would be able to express confidence in the
ability of the windsor police to carry out this review, nor would the
findings hold up in a court of law, as they must, eventually.
3) i claim that there is a reasonable possibility that charges may be
led against the officer, and that an independent investigation is
required to get to the facts of the matter, before doing so.

please excuse yourself from the file, ======.

and, i will follow-up with ===== by phone in the morning.