document: This was a real case involving a Santa Clara County police agency . I represented the suspect. ; The offending officer 's police report indicated that the suspect 's injuries were due to a fall from his bike and that he appeared unconscious , although he had also struggled against being handcuffed. ; There is no mention of police brutality . None of the back-up officers reported any brutality . One sergeant reported that the suspect kept trying to move around and had to be told to remain lying down . Another officer reported that the only verbal abuse was by the suspect toward officers. ; The suspect subsequently complained of brutality . The internal affairs department determined that the complaint was unsubstantiated and the matter was dropped. ; But four citizens called to complain that they had witnessed the arrest and that the suspect not only was not struggling but also had been brutally beaten. ; According to the witnesses , the officer taunted the suspect , knelt on the suspect 's stomach , beat him numerous times with his club and kicked him in his face. ; The witnesses also said : ; The suspect at no time resisted . The only words from the suspect were pleas for help . In response to another officer 's inquiry , the original officer picked up the suspect , let his head fall to the pavement and said , `` It looks like he 's dead . '' Both officers smirked and laughed. ; The offending officer was later arrested and prosecuted by the district attorney. ; What if there had not been four citizens who observed the brutal beating of my client ? ; One of the problems in monitoring police brutality is that almost all victims of police abuse have themselves committed some kind of law violation . This makes their complaints difficult to sustain. ; But there is another problem : a police discipline system that is cloaked in secrecy. ; San Jose Police Chief Joseph MacNamara recently referred to the Los Angeles incident as `` disgusting brutality '' and pointed out that the disturbing aspect was the failure of leadership and the code of silence . MacNamara diagnosed the problem as an organizational attitude for which the leadership must take responsibility . He correctly notes that it is important for police credibility that police chiefs break the code of silence and repudiate such acts and attitudes. ; Unfortunately , MacNamara also believes that San Jose does not need a citizens ' review board . I respectfully disagree . That is precisely what we need . Communities often do n't know the extent and the nature of police misconduct . State privacy laws combined with investigation and reporting procedures keep brutality complaints sealed. ; This is bad public policy . Government must remain accountable to its citizens . Those government employees who are given the right and the power to use force against citizens should be the most accountable . As MacNamara points out , police are public servants . A minimal invasion of their privacy is a small price to pay for the power to maim and kill. ; Monitoring police brutality is further complicated by the fact that local communities leave it to the police departments to investigate citizen complaints . Although the penal code makes the findings of investigations confidential , investigations themselves can be conducted by the public and can be open to the public. ; Complaints of police brutality should be handled in an open process that is neutral and thorough . Having the fox guard the chicken house fails to provide that assurance. ; The attitude of the public will determine the effectiveness of the police discipline system . A system can be theoretically sound , but it must be respected by the public. ; I agree with Councilwoman Blanca Alvarado 's suggestion and the San Jose City Council 's decision to create a system where a city official will receive and track citizen complaints about the police . I would further recommend that local communities establish citizen review boards. ; Police accountability includes the right of the public to review records of investigations of complaints . Any loss of police confidentiality is a fair and necessary trade-off for the right to carry and use a club . Or a .45 .
extractive_keyphrases: police brutality police misconduct police abuse injuries brutality complaints santa clara