The City and County Keep Lists of Cops With Credibility Issues. Many of Them Remain on Patrol.

by Paul Faruq Kiefer

(This article was originally published on The C Is for Crank and is reprinted under an agreement.)

In early April, a pair of Seattle Police lieutenants from the West Precinct spotted a man rolling a bike and a garbage can down Main Street in the International District. Large coils of copper wire hung off the bike's handlebars, and the garbage can was packed with more of the same wire. In their report, the officers noted that the wire appeared to have been torn or quickly cut; the officers concluded that the man had probably stolen it from a nearby construction site. When they stopped the man to question him, he quickly admitted that he had taken the wire from a site near Yesler Terrace. The officers then booked the man into the King County Jail.

By most standards, the arrest was unremarkable. But if one of the officers who arrested the man had been called to testify, her name — Lora Alcantara — it would have triggered an alert that could have prompted prosecutors to drop the case.

Alcantara is one of 24 SPD officers on the so-called "Brady Lists" kept by the King County Prosecutor's Office (KCPO) and the City Attorney's Office (CAO). The lists, named after a 1963 U.S. Supreme Court ruling called Brady v. Maryland that required prosecutors to present any evidence that might benefit the defendant, are formally known as Potential Impeachable Disclosure (PID) lists. They include the names of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions.

Alcantara was added to the KCPO's PID list in 2016 after a Seattle Office of Police Accountability (OPA) Investigation found her guilty of misconduct for calling a Black driver a "fucking Negro" during a car chase in 2013. Former police chief Kathleen O'Toole suspended Alcantara for five days without pay after the investigation.

In practice, those lists limit the ability of officers with a record of misconduct to testify. If a listed officer is the sole witness in a case, both prosecutors' offices say they are far less likely to file charges, limiting the officers' abilities to work alone. However, though listed officers are often unable to give testimony — a key responsibility of law enforcement officers, especially those working in patrol operations — salary and assignment data show that the department has continued to give the 24 officers annual raises and has left the vast majority in patrol positions.

When a prosecutor from either office finds that an officer they subpoenaed to testify in a case is on their Brady List, their offices have to disclose that information (and additional details about the officer's misconduct record) to either the defense attorney (if the officers are on the list because of a record of dishonesty) or the trial judge. Defense attorneys can use this information to impeach an officer's testimony, and being on a Brady list "can be a factor in whether a prosecutor chooses to file charges," Dan Nolte, the communications director for the City Attorney's office, said. "If a Brady List officer is on a case and no other officers can corroborate their account, we're likely to seek additional evidence confirming the situation before choosing to file."

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow. Most of the 75 SPD officers on the lists are no longer employed by the department: some, like 31-year SPD officer Ernest Hall (for whom the OPA found a lengthy record of dishonesty), the department fired outright; others, like former officer Alex Chapackdee (arrested in 2017 on federal drug trafficking and money laundering charges) resigned in lieu of termination; and others, like former Detective Ron Smith (charged for shooting a rival biker gang member at a South Dakota bar in 2008), retired from the department.

OPA Director Andrew Myerberg says it's rare for officers who land on the lists to keep their jobs. Still, it is common enough that of the 75 SPD officers who prosecutors have added to their lists over the past 15 years, nearly a third remain employed by the department.

Four active SPD officers are on both lists because of dishonesty. One — Officer Christopher Garrett — landed on the KCPO list 15 years ago after lying about his availability to testify in a drug trial; he was among the first officers to be added to the list. Another, Detective Franklin Poblocki, somewhat famously spent 40 minutes waiting outside a Black man's workplace in the Central District in a rolling chair after the two exchanged barbs over a towed car in 2018. Poblocki told a passerby that he was waiting for an apology but claimed to his coworkers that he had merely been engaged in "community-oriented policing stuff." In the wake of the incident, the OPA concluded that Poblocki had lied to investigators and now-outgoing SPD Chief Carmen Best demoted him from sergeant to detective for inappropriate behavior that "degraded" the department's community policing efforts.

At least two current SPD officers on the CAO's list have criminal charges on their records: Officer Caleb Howard was charged with misdemeanor assault in 2018 after punching a coworker and strangling his 17-year-old son at a backyard barbecue in 2018; 33-year SPD veteran (and one-time officer of the year) Officer Felton Miles was charged with felony harassment after bursting through the door of his ex-wife's home and threatening to kill her and her boyfriend in 2007. SPD fired Miles, but a Seattle judicial board overturned Miles' firing in 2008 and ordered the department to reinstate him.

Several on the list are fairly high-ranking. Captain Randal Woolery, for instance, was placed on the CAO's list in 2019 after an undercover SPD prostitution sting caught him soliciting a sex worker in North Seattle (he has been charged for the incident but not convicted). Seven others on either list hold ranks of sergeant or higher, including Lieutenant Alcantara.

This year, the salaries of all the officers on the KCPO and CAO's lists add up to roughly $3.3 million, not including overtime. Based on the city's 2020 wage data, two of those officers — Captains James Dermody and Randal Woolery — will make over $200,000 this year before overtime***. Others, like Lieutenant Alcantara, were promoted after the events that landed them on the Brady Lists.

Just as notably, though their presence on the lists renders them vulnerable to impeachment as trial witnesses, SPD have left most of the officers on the lists to roles in patrol positions. As patrol officers, they are more likely to interact with the public and make arrests; therefore, the prosecutors are more likely to need their testimony when filing charges against those they arrest. Nolte says the City Attorney's Office would rather turn to security camera footage or not file charges than have a case fail because the police witness appeared on their Brady List. KCPO Communications Director Casey McNerthey, however, noted that his office has not yet seen a case dismissed because an arresting officer was on their Brady List — after they disclose that information to the defense council, the court can adjust as necessary.

But that hasn't stopped the listed officers from making stops and arrests. Detective Poblocki, for instance, has continued to make so-called "Terry Stops" — stopping someone based on an officer's "reasonable suspicion" that the person is involved in criminal activity — for the past two years as part of the West Precinct's burglary and theft squad, despite his dubious presence on the KCPO and CAO's lists. In effect, the prosecutors (and police) have deemed Poblocki not credible enough to give testimony, but credible enough to conduct arrests, carry a gun, and earn a full salary.

Paul Kiefer is a journalist, historian, and born-and-bred Seattleite. He has published work with KUOW, North Carolina Public Radio, and The Progressive Magazine, and he is currently working on a podcast for KUAF in Fayetteville, Arkansas. He was recently hired on as the police accountability reporter for The C Is for Crank.

Featured image by Alex Garland.