Posted on 08/23/2002 9:20:14 PM PDT by niki
Berry watched raid, but didn't question police
Freshman City Councilman and mayoral candidate Michael Berry said Friday that Houston police officers "were overzealous" in two controversial raids last week and should not have made as many arrests.
Berry should know.
He watched one of the raids.
Berry accompanied officers when they arrested 25 people in the parking lot of a westside James Coney Island early Aug. 17.
And he knew that a raid the next night at a nearby Kmart lot -- where police ended up arresting 278 -- would be "the real big one."
Berry said he didn't suggest to the police that they change their tactics after the first raid, even though he was uncomfortable with the arrests outside the hot-dog restaurant.
The two raids sparked outrage among many of the people arrested, mostly on trespassing charges. Police officials have launched an internal investigation of Houston police Capt. Mark Aguirre, who spearheaded the operations, and other officers.
Until Friday, Berry was silent about the issue, even as his colleagues voiced their concern at a council session earlier in the week.
Mayor Lee Brown agreed Friday to a request from some council members to have Police Chief C.O. Bradford appear at next week's council meeting to discuss the raids.
A central issue is whether police should have issued citations instead of making mass arrests in the raids, which were planned to curb drag racing and other problems associated with late-night crowds along Westheimer.
Asked if he should have encouraged Aguirre or other police officials to be less aggressive in the second raid, Berry said, "Sure, it's easy to say 'Yes,' and that's the proper thing to do.
"But looking at what I knew and when I knew it, I was trying to understand police techniques," Berry said Friday. "I didn't know that's not what is done every time. I just didn't know that.
"Most of what the police do is outside the view of the public, and I was trying to get an idea on that because if I'm ever put in a position as mayor to make the decision on whether to fire the guy who called the command, I would like to have some level of experience to draw on."
Berry, an at-large council member, has announced as a candidate for mayor in 2003, when Brown is prohibited by term limits from seeking re-election.
Asked whether he would discipline Aguirre or others in the Houston Police Department if he were mayor now, Berry responded, "It's an HPD question. They know the rules."
"The media and talk shows and politicians need to stop grandstanding, and we should let HPD do their investigations," he said.
Some of Berry's colleagues on council said they were disappointed to learn he didn't ask police to change their tactics after the first raid.
"I'm shocked to learn he was at the (Aug. 17) raid and that he didn't realize how inappropriate some of the actions of the police were and not say something about it," Councilwoman Annise Parker said.
"It's not uncommon for council members to take part in such city operations. But when something bad happens, we have to show leadership."
Councilman Gabriel Vasquez agreed, saying that if Berry was there, "he should have come forward and tried to stop it."
Councilman Mark Ellis said he wouldn't criticize because Berry is a new councilman learning the ropes at City Hall.
"My position would have been, if I thought officers were overzealous and were doing something we could correct, I would have picked up the phone, called Chief Bradford and discussed it," Ellis said.
Berry chalked it up to a learning experience.
He said he has gone with public works officials to learn how potholes are filled and he wanted a better understanding of law enforcement.
Officers referred to the Coney Island raid as "a zero-tolerance operation," Berry said, meaning they would make arrests rather than write tickets.
Berry said he didn't realize police had other options because they "seemed so comfortable with it."
"A lot of people can sit in their office on Monday morning and quarterback and say it shouldn't be done," Berry said. "But they don't know how we catch criminals, and I was out there getting my hands dirty trying to learn."
Berry said he met Aguirre earlier this summer as he was seeking ways to solve problems caused by parolees arriving from state prison and others who congregate at the Greyhound Bus station south of downtown.
Because the police have faced similar problems with crowds along Westheimer, Berry said, Aguirre invited him to observe the raid outside James Coney Island, 5745 Westheimer.
At Aguirre's request, Berry said, he called James Coney Island Vice President Darrin Straughan a day before the raid to make sure he had sent the police an affidavit authorizing them to ask non-customers to leave the parking lot.
Straughan and police hoped that a crackdown in the area would end drag racing, excessive noise and "trick riding" on motorcycles along Westheimer.
Straughan said that although he supported the idea of clearing out lawbreakers and public nuisances from the parking lots of his restaurant, the arrest of restaurant patrons "wasn't what we agreed to."
"The trespass affidavit said the police could ask patrons not in the normal course of business to leave," Straughan said Friday. "They didn't do that. Why they made that mistake is beyond me."
Berry said that despite the large number of arrests, police were not abusive or overbearing at the James Coney Island bust.
"They treated people fairly," he said. "There was a woman with a baby; they let her go."
Thanks again.
"...I was trying to get an idea on that because if I'm ever put in a position as mayor to make the decision on whether to fire the guy who called the command, I would like to have some level of experience to draw on."What is this guy on? He would fire someone after judging not whether their actions were unlawful, but if they broke the status quo?
Look at the next mayoral hopeful. :)
Zero tolerance of what? Eating hot dogs after 9 pm?
I can't help giggling at his generosity.
California's bad are not this bad. This guy is clueless.
How big of them.
What's worse, I think this is the woman where they arrested everyone that was with her, towed the car and left her and the baby stranded.
Heck, I have read them all and I feel like I entered the twilight zone or East Germany.
LOL Probably. This story is so pathetic I can't stop laughing. Texas Freepers need to make sure this guy does not become mayor.
Normally I'm a fan of congressional sex scandals, but you've given me a new hobby - Houston law enforcement.
When does the COPS camera crew arrive?
ROTFL!
I knew when 'zero-tolerance' got implemented in the schools it was only a matter of time for the rest of us. They now are using this term at airports, also.
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