State Attorney’s Office Perspective and Role

Phase 2
– Agency Perspective and Role
Describe the perspective and role the STATE ATTORNEY’S OFFICE has in dealing with
the Group Project problem (Background Information)
1) What
are the traditional and practical approaches for the STATE ATTORNEY’S OFFICE dealing with the
problem?
2) Why
is/has there been a reluctance to change approaches/strategies?
3) What
motivations would be required to affect a different approach or strategy (other
that direction from a higher jurisdictional authority)?
BACKGROUND
INFORMATION:
For the
past 11 months, the Virtual Police Department has applied a variety of
investigative resources and strategies and is prepared to bring a number of
criminal charges against the members of the Very Bad Bike Club. These started
out as investigations of individual calls-for-service, complaints and criminal
investigations. They merged into a collective effort as the pattern of
activities and participants began to form. Based on the investigations, the
department believes it has probable cause to arrest and charge nearly every one
of the 63 VBBC members for conspiracy to manufacture illegal drugs, conspiracy
to sell illegal drugs, and participation in a criminal enterprise.
Additionally, numerous individual VBBC members can be charged with combinations
of individual criminal violations, including possession of illegal drugs,
illegal possession of firearms, robbery, attempted robbery, aggravated assault,
and attempted murder. Despite the confidence the Chief of the VPD has in these
cases, no information has been conveyed to the Office of the District Attorney
nor has there been any involvement with the Grand Jury. As far as the Chief of
the Police is concerned, this is the chance to destroy the VBBC once and for
all.
The
VBBC has plagued Virtual for over a decade. Efforts to stop criminal activity
by members of the VBBC have been made almost exclusively by the police
department, with little or no support from the rest of the Virtual criminal
justice system. In the past, most criminal charges brought to the Virtual
prosecutor’s office by police detectives have resulted in outright dismissal
for lack of probable cause or plea-bargained agreements that reduce potential
felony charges to misdemeanors with payable fines. There have been however, two
prior instances of massive arrests of VBBC members. Approximately 7 years ago,
raids resulted in the confiscation of drugs and weapons and the ultimate
conviction of 12 VBBC members. Six of these members are on parole and still
reside in Virtual; two others are currently in the county detention center
awaiting trial for new criminal charges and four others are confined to the
State prison near Virtual. A similar sweep three years ago produced nearly
identical results. These sweeps appear to have been ineffective. In short, the
VBBC has a network of members in jail, in prison, on parole in the community
and free on the street. The current police investigation has affirmed that all
of these VBBC members are in near constant communications with each other.
Robert
“Buddy” Pole is the “president” of the VBBC. While currently on parole for
manufacturing methamphetamine, Buddy Pole continues to orchestrate the criminal
enterprise that is VBBC. Provisions of his parole agreement that prohibit
association with known criminals have gone unenforced. Robert Pole, Jr, (a.k.a.
“Little Buddy” or “Bud Lite”) is currently in the Virtual Detention Center
awaiting trial for carrying a concealed weapon. He seems to be in no hurry to
make the affordable bail. Jail officials believe he is trying to organize a
drug network within the jail. Two Detention Center correctional officers were
recently disciplined for attempting to smuggle cell phones into the lock-up. It
is believed they were destined for Little Buddy’s use. The youngest member of
the Pole family is Patricia (a.k.a. “Tripper”). A chronic truant and
troublemaker in school, Tripper was suspected of providing marijuana to her
junior high school classmates and has continued the practice in high school. At
age 19 and legally an adult, she is just about to complete her senior year of
high school. Tripper’s collections of miscreant friends, most of whom are VBBC
members or “wannabes”, congregate regularly around the Virtual Mall and
commercial centers. Her boyfriend, John Henry Maxwell applied for a job as a
Dunbar Security Force officer but was rejected because of his record.
The
Virtual Security Force, a private security company hired by the Virtual
Commercial Merchants Association to provide security personnel, equipment, etc.
to supplement the resources of the Virtual Police Department in designated
business and commercial areas of the city. VSF personnel hold special police
commissions, have arrest authority on the property of their clients and may or
may not be armed depending on their assignment and qualifications.
At
their initial meeting, Chief Moore made it clear to these partners that they
had a single goal, to end the reign of terror emanating from the VBBC and
victimizing Virtual’s citizens. Clearly if there was any hope of success, each
criminal justice partner has to do their part for the collective good of all.
The Chief’s remarks were met with wholesale agreement. It was decided the
Virtual Criminal Justice Alliance would attack the VBBC on two levels (1) the
pursuit of the current police investigations and prosecutions, and (2) a
strategic plan to work collaboratively to reduce crime in Virtual. When the
initial meeting adjourned, Chief Moore had designated Captain Siverheels as his
delegate. He was not sure, however, that every agency representative in the
room felt his level of commitment or truly understood the consequences of
failure. He was also curious as to what resources each “partner” was willing to
bring to this operation and what would be held back.
Major
Irongate has her own issues with VBBC. Their presence in the state prison has
settled down what had previously been a powder keg of gang-related unrest. VBBC
has become the dominate force in the prison. John “Jacky” Pole has been able to
get the warring national/international gang members in the prison to suspend
their violence and focus on drug-related profits. With tensions simmering just
below the surface, Irongate knows the self-serving truce may be short lived.
Major Irongate was also asked to represent the Virtual Detention Center. This
facility holds arrestees awaiting a bail hearing, denied bail prior to trial or
in transitional housing from the state prison to attend court. The jail also
holds offenders serving short sentences for convictions on misdemeanor charges.
Nearly all of the prison’s inmate population came through the Detention Center
and may return there to be available for court appearances. Major Irongate is
convinced that these “traveling” inmates are being used as “mules” for drugs
and contraband cell phones.
Of the
persons assembled by Chief Moore, only Dunbar represents a commercial,
profit-driven agency. Simply put, these profits are the difference between the
costs for the security provided and the fees Dunbar charges. Dunbar is eager to
demonstrate a successful partnership with VPD and the Virtual Commercial
Merchants’ Association as a stepping-stone to contracts with larger
jurisdictions. In any case, Dunbar’s primary motivation is to make money.

Raymond
Burr would applaud Chief Moore’s plan if he could, but as a pragmatist, he
feels that this is a waste of time. He understands, if no one else at the table
does, that plea bargaining is to only way the criminal justice system can do
business. He has also warned the chief before that his detectives need
additional training on establishing probable cause, proper interrogation
procedures, appropriate charging, etc. If the VPD could get its act together he
would love to prosecute a good solid case against the VBBC, but prosecuting a
“looser” case will not solve the problem or help his own political ambitions.

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