So Yesserman faxes a list of EVERYBODY arraigned and it's the responsibility of ICE to go through that ENTIRE list and run every single name through their database?

So he's basically SPAMMING ICE's fax machine and making them pick out the useful information out of piles of garbage?

Passing the buck much, deano?

I'm no fan of Esserman, but if PPD faxes its arrest list to ICE on a daily basis, then ICE should be running the names for detainer checks and taking action when they get a "hit."

Did ICE do that in this case?

If not, why not?

It is their responsibility to enforce their deportation orders and detainers.

I wouldn't give the Feds a "pass" on this one.

Esserman has clearly stated his desire NOT to follow the Gov.'s EO. He is clearly refusing to care or check on the immigration status of criminals. He IS the problem!! My thoughts are, if he is not going to do his job, then he should be removed from that job.

Brass, PPD has the ability to do that check very quickly on their own computers. Faxing a list of every human being arraigned for every crime in the city is just intentionally drowning ICE in more paper than it can handle so that, in situations like this, he can say "Well, I sent them the information. It's THEIR fault for not using it."

Lawyers call this 'papering to death'. Pretend cops like Yesserman call this 'doing the absolute minimum necessary'.

I know for a fact he's not making any friends INSIDE the rank and file of the department. {Some hot-button hyperbole detracting from the otherwise good points made in this coment deleted.}

governor should call a special session for:
1. E verify
2. cutting of all local aid to any city that doesn't immediately send fingerprints of arrestees to federal government's liking.

Greg,

You beat me to it. As soon as I read that the PPD had sent faxes, the 'bury the facts in a mountain of paper' came to mind. The name of a movie escapes me where this was done.

Also, I heard on either Matt Allen's show or Dan Yorke that when Esserman came in to power, he removed the resident ICE agents that were there to serve the purpose of interagency compliance.

Why would Yesserman get rid of ICE's agents if he EVER planned on interagency compliance?

Greg --

I assume that PPD could do a check on their computers . . . . but why would it be any easier for PPD than for ICE?

Look at it this way; PPD has lots of things to do . . . ICE has only one.

And, what does ICE do with the faxes?

Have they been receiving them for all these years and just throwing them away?

Did they run a check in this case or not?

Sorry, I'm not ready to absolve ICE on this.

Federal law enforcement folks generally act in a self-righteous and condescending manner toward the locals . . . and then when there's something awry within the Feds' jurisdiction they always find some way to blame the locals . . .

Nothing wrong with holding Col. Esserman's feet to the fire, but let's do the same to our Federal friends . . .

Didn't Cicilline claim the PPD sent an email to ICE this time? Last time it was a fax. Before that they flew a paper airplane over the ICE office with names on it. In the past they've used carrier pigeons post-it notes and Kenyan long distance runners to notify ICE of their list of arrestees.
The 'leadership' (lol) in the city of Providence has Z-E-R-O desire to enforce any laws against illegals. While brass raises some legit points re: ICE it's clear the arrogance and belligerent intentional inaction of Cicilline and Shiney Badge regarding illegals lead to the carjacking and rape of a citizen of this state of Rhode Island.
Marco Riz is David Cicilline's Willie Horton and he will rue the day that poor woman was raped by this illegal animal.

--Marco Riz is David Cicilline's Willie Horton and he will rue the day that poor woman was raped by this illegal animal."

Perfect analogy.

Cicilline's aspirations for a run at Governor just went down the toilet.

It would almost be fun if he does run, just to be able to watch the inevitable Willie Horton type ads that opponents would air against him.

"What Exactly is Dean Esserman's Position on Enforcing Immigration Law?"

The answer is: "Let me ask the Mayor"

Maybe they should just mail over the Providence phone book instead, to make it a little easier on ICE. Does anyone really think that ICE has the resources to do work that the Providence PD can do much more easily? The way they initially stated it, it made it sound like they sent over a list of arrested illegals to ICE and that ICE just ignored it. Instead, as stated, they fax over a list of everyone in Providence arrested, and kind of hope someone somewhere finds a familiar name. I imagine, considering Providence's fudged crime stats, that it's probably a very large list. Sounds like they're trying to wash their hands a la Pontius Pilate. I don't blame the police department or the individual police officers. The mayor was wrong to try to shift blame from himself to the good people in the Providence PD. He's a creep. Besides the rapist, I blame the Mayor and his underling Esserman.

Trust me, nothing would make Republicans happier than the chance to take on Cicilline at the state level. He'd probably do worse than Buddy Cianci did when he ran for Governor ... in other words, quite badly! Ah, just think Laffey vs. Cicilline. The ad possibilities!

PS When will the illegals be having the "Undocumented Rapist's Rights Rally" at the State House? I must have missed the announcement...

Faxing for the last 20 years if I heard right. Fax machines were relatively new in the US in 1988. Did the Prov cops have one? (Mine, circa the same time period, used thermal paper rolls, was slow as all get out and cost $2000.) Oh, and did La Migra's Prov office have a fax machine to receive their communications at the time?

{Some hot-button hyperbole detracting from the otherwise good points made in this coment deleted.}

Justin Does this apply to all? mmm

"Does anyone really think that ICE has the resources to do work that the Providence PD can do much more easily?"

Why would it be easier for PPD to check the ICE warrant database than for ICE?

What else, exactly, does ICE have to occupy its time other than check on things like this?

Guys, this is ICE's job . . . don't let them off the hook on this one.

"Why would it be easier for PPD to check the ICE warrant database than for ICE?"

The answer is: Because the Providence PD presumably keeps their arrest information in it's own computer database, which means it's probably little more than a cut and paste process to check another online database. Providence PD is only directly responsible for the safety of one city, not thousands like ICE. Doing things at the local level often makes very complex tasks much easier to successfully accomplish. I'm sure the rank and file of the Providence PD would be on board with this, since they are the one's actually combating crime on a daily basis.

Instead of Providence taking the arrest information which they already have, printing it all out, then faxing it to ICE, then expecting someone at ICE to manually enter each arrest into a database, when they have hundreds, if not thousands of other similar faxes to deal with, it would be much quicker to simply have Providence directly enter the information into the NLETS database during the arrest process in Providence -- that is, if Providence is really concerned about solving the problem. What's an extra 30 seconds for a local typist when there is a real public safety concern? Instead of taking responsibility, it just seems like the mayor is just trying to pass the buck (again).

Brass,

Why are you having such a hard time with this? The PPD at the direction from Esserman no longer coordinates anything with ICE. ICE used to have a field officer stationed inside the PPD. They were disinvited by Esserman. The PPD has a computer system in place to instantaniously check on the status of those in their custody. Instead they generate hadwritten lists of E-V-E-R-Y-O-N-E arrested and fax it over to ICE. The lack of PPD professionalism here is astounding. Astounding! Think these lists are faxed over to ICE in a timely manner? Or are many on these lists already released from custody by the time ICE receives their PPD love notes? Cicilline and Esserman do this because they want a sanctuary city. They pander to the latinos for future political gain and keeping ICE off in a corner somehwere and very marginalized is part of that agenda. Providence does everything it can to keep ICE from doing its' job but when something goes terribly wrong Cicilline has the temerity to turn around and trash ICE? That's what set the governor off. Never heard the governor so animated and angry over anything since he's been in office. Carcieri has politically hurt Cicilline a great deal over the past couple of days. Only heard about 20 quotes that would be very powerful and quite hurtful to Cicilline if placed in a statewide political ad.
Brass you're an intelligent person. What is it you're not seeing here? Cicilline and Esserman are directly culpable in the carjacking/rape committed by Willie Horton ..er Marco Riz through their intentional don't ask/don't tell illegal alien policy.

Can Marco Riz get a fair trail in RI?

With all due respect, I think y'all are over simplifying the task of checking arrestees for PPD and letting ICE off the hook.

Frankly, if a PD sends ICE info on an arrestee, ICE is morally obligated to check its own system to see if it has a hold on the arrestee.

If the local dept. does the same thing that's even better, because it provides a redundancy to the system.

But the agency principally responsible for arresting, holding, processing, etc., illegal aliens is ICE.

And ICE should not be able to get away with saying:

"Well, yes, we do get a faxed list of all arrestees in Providence each day. But, no, we don't bother to look over the list and run the names . . . we just rely on the locals to do that."

I don't have any problem with pushing PPD to do its part . . . but the Feds have the primary responsibility here . . . and they blew it!

Brass,

Basically, you're saying it's ICE's job to run the name of every person arrested in the United States, every day through their computer system. Do you think the same logic should apply to the other Federal criminal justice information systems out there? Would you think the PPD was still doing its job well if they stopped using the National Crime Information Center (NCIC) computers they have access to and just started faxing the names of every person they came into contact with over to the Feds, saying "it's the Fed's computer system, so it's their responsibility to use it". If they can use NCIC, what (non-ideological) reason do they have for not using NLETS?

And Esserman now claims (at least since the Macro Riz case) that his officers investigate the immigration status of some of the individuals the department comes into contact with. So why shouldn't they be using NLETS to help them, in some cases pre-arrest, to further those investigations?

Don't fall for Cicilline and Esserman suddenly claiming they're doing everything they can to help with the enforcement of immigration law, when up to a week ago they claimed it was department policy not to help with the enforcement of immigration law.

(However, if you want to find a place where the Federal government is acting a bit squirrelly in the larger picture, it's in not having already tied the NCIC and NLETS databases into a single system).

"Can Marco Riz get a fair trail in RI?"

Should any illegal get a fair trial?? Should they get a trail at all??

brassband-you have previously made disparaging remarks abot Federal law enforcement on this forum.I called you on the absolutely ignorant remarks you made,but you never answered.See my response to Monique's post above about why the faxes were bullshit.They were sent AFTER court appearances.Can you see why that is a problem?

Brassband-about Federal agents acting in a condescending manner?Another ignorant accusation.I can't speak for other agencies,but the INS was NEVER known for being arrogant towards local departments.Did you get jacked up on taxes by the IRS or something?You seem to have a real problem with feds.
When I retired, probably 70% of the people at my retirement party were local cops.Why?Because that was probably the conservative percentage of the time in my assignment to Rhode Island that I spent day in and day out working alongside them on the street.I really don't know where you come up with your ideas-tv?Not the real world,that's for sure.I've read stuff on a liberal blog like Kmareka that makes way more sense than you do sometimes.

I'll leave the personal attacks aside for now.

The NCIC check is completely different from the responsibility of ICE.

NCIC is a clearinghouse of information from federal, state, and local law enforcement. Submitting an arrestee to NCIC, I believe, serves the function of both feeding that arrestee into the system and also obtaining information held by other agencies in other jurisdictions about the same arrestee.

ICE is just immigration info.

Now we could have a dialogue about whether immigration holds should be in NCIC -- my understanding is that they are not currently included in that database.

Again, I'm not absolving PPD. My question is, what does ICE do with the faxes that they get from PPD? Do they check them against their database, or not? Do they simply throw the list out? Is everyone OK with that?

And if the arraignment list gets faxed overnight or in the early morning, there's plenty of time for ICE to check it and catch up to the arrestee in 6th Division before presentment there, if they're interested in anyone.

Joe Bernstein -- I don't know which of my "absolutely ignorant remarks" you called me on without response. Sorry, I'll try to do better.

Brass,
The so-called 20yr procedure used by the PPD (Faxing arraignment sheets) was not developed for the purpose of determining if a suspect was wanted by Immigration Officials. The sheet was faxed over as a courtesy notification only. Immigration uses these sheets to keep track of any and all immigrants, both legal and illegal, to determine if they have been arrested for any crimes. If a legal immigrant commits too many crimes they too can be deported. In addition, these sheets are faxed over several hours after the indiduals have been already released from the courts. You may have noticed that the actual sheet displayed on Ch 10 with Marco Riz's name on it also included his disposition from the court. He was walking home long before ICE received that Fax. That would be true for both arrest. Thus, ICE could not have called over to the PPD and said hold him for us...he was already released. The only way Riz would have not been released was if the PPD ran him on their computers and seen the HOLD for deportation order.

Brassband-I am specifically referring to the emtry you made on a thread regarding the Cranston homicide wherein you ridiculed the idea that Federal law enforcement was comparable to local law enforcement and seemed to be of the opinion that Federal LE personnel don't run daily risks on the job-I answered your comment and you never replied-there were others here,I believe Greg was one-who echoed my thoughts about your comment.
It wasn't a personal attack,but I was definitely pissed off.I'm sure it's still on this site.

Brassband-One more thing-wanted aliens placed in NCIC are there for one of two reasons-they are either wanted for a criminal offense by ICE(yes- INS and ICE enforce(d) both administrative and criminal laws)or the wanted person is an alien with a criminal conviction(s)who is wanted as an administrative fugitive.An alien with no convctions but who is nevertheless a fugitive would be on an internal ICE databank and additionally that individual would show up in a III check which shows criminal history.All ICE arrestees are printed on an FD249 or its digital equivalent-we used to call them "red cards"and they become part of the person's criminal history.This includes administrative violators.

Brassband-the date of your remark was 5/21/08 on the thread "A Killer's Liveliehood"-Greg and myself answered you-my answer was hardly what you would call nasty-I just made you aware of the way things were.

Joe Bernstein --

Sorry, I don't recall my comments on the Cranston matter to which you refer.

In general, of course, federal law enforcement -- at least in this part of the U.S. -- is not at all comparable to local law enforcement.

If you look at the statistics, you will most likely find that the number of criminal files opened in, say Sixth Division, in about one week exceeds the number opened in our U.S. District Court in an entire year.

Spend a morning on the Fourth Floor at Garrahy and then an entire week in the U.S. District Court. You know what I'm talking about.

Since you have law enforcement experience, you are no doubt aware that prosecution in the federal system -- at least in this district -- for a (non-drug) violent offense is rather rare.

True, there were the Latin Kings cases in the 1990s, but you might recall that locals were deeply involved in those federal prosecutions, including state prosecutors who were "loaned" to the US Attorney's office to try the cases.

And there have also may have been a handful of other murder cases tried in our district in the past decade (generally with assistance from the RIAG), but nothing like the number of violent felonies investigated, charged, and successfully prosecuted by locals here in RI. Our local police face down these suspects and defendants every day, in a variety of situations. What the feds do -- at least 'round these parts -- simply doesn't compare.

[Since you've been around federal and state law enforcement for a while, you've probably heard this one:

Q: What do you call a case with a signed, video-taped confession?

A: A federal case.]

So if you ask me, if I had a complex homicide or sexual assault investigation with high priority on it, would I welcome the assistance of the FBI in the case?

Sure.

But I would want to be certain that some hard-working, experienced Providence, Cranston or Warwick (or RISP) detectives were on the case to make sure that it was done right.

Joe --

Thanks for the reference, I will try to track it down and respond.

Joe --

I see why you were upset by my comment in the other thread.

I do maintain that local law enforcement personnel face much more danger of serious injury on a consistent basis than their federal counterparts, at least in this part of the country.

My point could have been expressed better, perhaps.

I have not researched this, so it is possible (likely?) that I am completely wrong.

I don't think it would be fair to the locals, however, to take the federal disability program and project it onto local departments without measuring the different risks to which locals are subjected.

Obviously, you disagree. So be it.

Brassband, ICE had an agent stationed with the Providence police who carried out the duties you correctly call on that agency to do. Apparently, the current Mayor discontinued the arrangement.

Further, as JoeB pointed out, under the current system, Providence faxes the list to ICE post arraignment. Then what? "Oh, you're looking for him/her? When they left court yesterday, they were walking west on ..."

The office of the Mayor needs to either bring the ICE agent back and let him do his job or request that the Providence Police Dept do the job. But as things stand now, effectively, no one is doing the job.

Brassband-no hard feelings-I just imagine you didn't have the exposure to intensive Federal LE operations that I have-the Area Control Unit in Chicago to which I was assigned for over 4 years averaged 1000-1500 arrests a month with 23 agents assigned.Midnights was staffed by 2 agents with no radio contact with INS-we had to rely on Illinois State Police because our radios didn't interface with Chicago PD-the Staties worked on the edges of the city,so we were on our own-when I worked midnights,which I did for a considerable period of time the expected output was 10 Mexicans or 4 non-Mexicans per shift for the 2 agents(due to the fact that non-Mexicans required much more paperwork)-one night my partner and I brought in 35 Pakistanis-we had to call Chicago PD on a pay phone for backup to transport our prisoners,who we had trapped in a vacant store used by Pakistani taxi drivers to watch movies-does this sound weird?Not for INS back in the day.So I need to remind you of one thing-virtually all of the Area Control arrests were without warrant-random stops based on articulable observations-we had no idea who we were stopping,so we had a pretty good share of "incidents"-we encountered wanted felons,psychotics,disease carriers and plain assholes.We used a different method in RI,mostly going after criminally aliens,frequently with arrest warrants,but not always.I spent 9 years in narcotics enforcement,including 4 years on Providence PD's Special Investigation Bureau.My relationship with local officers had always been closer than with other Federal agencies while I was in RI.
We all speak from our own experiences hopefully.

Monique --

A couple of questions in response to your post.

1. "Apparently, the current Mayor discontinued the arrangement."

What are the facts here? It's a pretty serious allegation; it deserves to be followed through on. Did PPD actually kick the ICE investigator out of the station? How did ICE respond? Why would ICE go along with such a change without a fight? Doesn't PPD get a chunk of DHS funds every year? Why wouldn't DHS require PPD to be helpful to ICE in order to keep the $ flowing?

2. "Post-arraignment" faxing of the list.

Well, that's certainly not the most efficient way to handle things, but its also not entirely useless to ICE. At arraignment, the arrestee would have been required to give an address and would get a new court date. If ICE wanted the person their agents could follow up in District Court, get the address (which might be fictitious, but you gotta check that out), show up at the next court date to place a hold, etc. Riz was arrested a few times over the years, and not just by PPD . . . What did ICE do on the previous occasions when lists were faxed to them? What does ICE do with these lists in general? Do they routinely follow up at District Court? Shouldn't we get an answer?

3. As I've said before, I have no love for Col. Esserman or the Mayor, but I see this situation as one where ICE is primarily responsible for apprehending illegals. If they find out that one has been arrested by the locals, they should "swing into action." Is there any evidence that they do that? I'm thinking that they don't, but maybe there's evidence that will prove me wrong.

It's obvious that Esserman was trying to play the Projo.

When it looked like he could score points by appearing "sensitive" on the immigration issue, he talked about the need to develop trust with the illegal immigrant community.

When his policies may have let a kidnapper and rapist loose on the streets Providence, he changes his tune and talks a tough to the Projo and blames ICE.

I praised Esserman throughout the snowstorm incident, but it's obvious in this case that he is letting his political ambition interfere with his job as police chief.

The easy way to resolve the apparent contradiction is to ask for a copy of the PPD's written operating procedure for the handling of illegal immigrants. If they have one, is it being followed?

If Cicilline and Esserman had followed Carcieri's executive order, there never would have been a rape.

The strangest part to this whole saga is Cicilline's silly attempt to tie this incident to Bush (“It is outrageous to blame police officers for the failures of our federal immigration agencies in a desperate attempt to defend the Bush administration.”)

Is Cicilline SERIOUS?!?!

No Mr. Mayor, nobody is blaming patrolmen for the problem. Street cops don't set policy and establish procedures.

We're blaming the leaders who get paid six-figures to ensure citizens are kept safe from your brother's drug dealing buddiess and the rapists the PPD policies free.

Look we all know that if PPD leadership were taking the issue seriously, they would follow the RI State Police lead and enforce the law.

Also, a message to Deputy Police Chief Paul J. Kennedy who said “It’s not our job to go out and check on people’s immigration status.”

Yes, it is your job. When somebody enters the U.S. illegally, they violate the law, and if a person gets arrested, it just might be a good idea to check for prior violations of the law.

Let's face it: the Cicilline/Esserman PPD adopted certain policies to curry political favor with the Latino community. When these policies directly resulted in the failure of the PPD to perfom its most basic function--protecting citizens--they're now trying to place blame on everyone from Caricier to (most laughably) the White House.

Anthony-I agree with you for the most part,but Paul Kennedy is the spokesman here,not the policymaker.He is a police officer of impeccable credentials and has always performed his duties with the highest degree of professionalism.
In a law enforcement organization you take orders or you leave.It's not a college faculty.
The responsibility here is with Cicilline,a former defender of drug dealers and other antisocial elements,and his underling Dean Esserman who wouldn't make a pimple on a good policeman's ass.Nobody else.Esserman,to my understanding is an arrogant one-man show.Being arrogant and being dumb enough to release the faxes,thinking no one would notice the dispositions and therefore the deception says very little for Esserman.
I have worked previously with Paul Kennedy and I respect him and I have faced David Cicilline in an adversarial role and I despise him.Thankfully,I have never had to have anything to do with Dean Esserman,who is frankly creepy.

Anthony,
FYI to assist you in future interpretations of Doctor Spin (Dean Esserman) comments:
A few months ago, Esserman testified before the review panel and stated his men and women were all over that storm and he would do nothing different. FACTS:
At 11am on the day of the snow storm,when the snow started to come down heavy,all officers assigned to inside duty were allowed to go home. At 3pm, when traffic was at a stand still, the entire dayshift was allowed to go home. At 3:10pm the Dept issued an emergency radio transmission asking for the day officers to return to their post. Only 5 officers responded back. Thus when the people complained that they did not see any police officers, it was because there were none.
A lesson learned in the 1978 Blizzard; no officer is allowed to go home until the situation is under control. Esserman let the daymen go home while the incoming 3-11 shift was stuck in the gridlock created by the storm. The dispatchers had only 5 available cars to dispatch to the thousands of emergency calls (kids on buses)from 3-6pm.
The inside officers should have been sent on foot to the ten strategic intersection leading from downtown to the highway to keep the intersections clear for emegency vehicles and to keep the peace. The day shift should have been order to stay out on their post and not come in to the station. As the incoming 3-11 officers made their way into the stations they could either relieve their day partners or be assigned to more pressing matters.
Praising Esserman's handeling of the snowstorm would be weak, but praising Esserman's spin on handeling the snowstorm would be appropriate.