Norton Releases Letter to Holder Seeking Clarification on Trinidad Shooting Investigation (7/27/09)

Dear Mr. Holder:

I am writing concerning new information passed to me that casts doubt on whether there is an independent investigation underway by the Civil Rights Division of the Justice Department on the June 8^th shooting of Trey Joyner, a District of Columba resident, by Park Police officers. I ask for assurance that the Civil Rights Division will, in fact, investigate this matter. After a call from the acting U.S. Attorney, who spoke with a legislative assistant in my office, and after I spoke with an aide in your office, I am concerned about assurances that were given to me by U.S. Park Police Chief Sal Lauro, who came to my office the day after the shooting. At the time, there was considerable confusion and anger in the District, especially in the Trinidad neighborhood where the shooting took place, concerning the investigation. Residents were especially concerned about who was conducting the investigation, particularly considering that Trinidad had been besieged by criminal activity and unusual law enforcement measures.

It was clear to me that the involvement of federal police officers in a local shooting required a federal investigation. At the meeting, Chief Lauro told me that the Civil Rights Division had called him and that he had been told they would be taking over the investigation, according to notes taken by my staff at the meeting. There appear to be no federal procedures in place for an incident involving a shooting of a local resident by a federal police officer. Therefore, the use of a third party federal authority with no involvement with the city or local police seemed to me to be appropriate, especially since the Civil Rights Division has a long and credible history of investigating police departments and incidents around the country.

On June 9^th I attended a very tense community meeting, also attended by the family of Trey Joyner, elected Advisory Neighborhood Commissioners, the leadership of the local NAACP, and many other members and leaders of the community. Speaking were Chief Lauro, a representative of the U.S. Attorney’s office, members of the D.C. City Council, representatives from the Metropolitan Police Department, and I. I enclose an agenda prepared by the Fifth District Citizens’ Advisory Council for the community meeting. I do not know whether Chief Lauro mentioned the Civil Rights Division involvement before I arrived from a prior event, but I indicated to the community that he had informed me that the Civil Rights Division would lead the investigation, and that I did not question the objectivity of other law enforcement officials, but I believed the Civil Rights Division was a particularly credible authority, appropriate for this incident. In fact, a June 22, 2009 press release, attached, from my office said that I “was pleased that the Civil Rights Division had already contacted the U.S. Park Police Chief offering an independent evaluation and that the Park Police had readily agreed, so that [I] did not have to pursue a federal investigation on [my] own. An investigation also is underway by the U.S. Attorney’s Office here, which routinely conducts an independent investigation into fatal police shootings.” I also explained that the Park Police have citywide jurisdiction in the District because of the federal parks found in every Ward and in communities throughout the city, and that I appreciated the assistance that Park Police officers often lend to the city. Residents were relieved to learn that an independent investigation by the Civil Rights Division was in progress.

Last week, my staff was informed that the Civil Rights Division is not leading the investigation of the shooting, but that the U.S. Attorney’s Office will be the agency leading this investigation. If the Civil Rights Division was not the lead agency, it was incumbent upon the representatives of the U.S. Attorney’s office present at the community meeting to step forward there, or at least to send word immediately thereafter. Instead, my staff was informed last week, nearly a month after the incident and community meeting, that the Civil Rights Division would not lead the investigation. This incident has raised considerable consternation here, but one thing I thought had been settled was that an independent body would be investigating the Trinidad shooting. I seek immediate clarification and I believe that such clarification is due as well to the family and to the citizens I represent.

Sincerely,