Original Article Evidence or a trophy shot? By Mark Flatten, Tribune December 23, 2005 The photograph of Maricopa County sheriffs deputies looks like a team picture, with grinning officers showing off their guns and gear in front of the agencys armored personnel carrier. Except for the lanky Hispanic man in the middle with his arms handcuffed behind his back. Sheriffs officers call the picture evidence. But others outside the agency describe it as a "trophy" shot that has no place in law enforcement. Other Valley agencies contacted by the Tribune said they do not take similar photographs with SWAT officers and suspects posing together. "It appeared to me to be nothing more than a trophy photo by an unprofessional group of amateurs," said Keith Frakes, former commander of the sheriffs SWAT team who retired in April 2004. "The nonuniformity of their equipment, cool guy sunglasses and posing their prize all point to a lack of discipline, bearing, maturity and, of course, proper supervision. Silly stunts such as those invite scrutiny and expose the agency to potential liability." The photo was obtained by the Tribune from sources who said it depicts an arrest by members of the new SWAT team put in place earlier this year. Capt. George Hawthorne, who heads the sheriffs narcotics bureau, confirmed the pictures authenticity, but said it shows both SWAT and narcotics officers after a drug arrest in September in Avondale. Hawthorne said such pictures are routine for both the sheriffs office and other police agencies around the country. They are taken for two reasons, Hawthorne said. After an arrest, a suspect might claim he did not know it was police officers breaking into his house, Hawthorne said. Suspects also might claim to have been abused by police, he said. The photographs document how the officers were dressed, and whether the suspect was injured in the arrest. The armored vehicle is in the photo because it was used in the raid, Hawthorne said. "Its not a trophy photo," Hawthorne said. "If somebody wants to make it out to be a trophy photo, so be it." "My guys take them to protect themselves against false claims of abuse," Hawthorne said. "Also, against the guy claiming we werent cladded up. This clearly shows that we were clad in sheriffs gear and it should have been clear to any person looking on that we were police officers." STANDARD PRACTICE At the Tribunes request, Hawthorne produced about a half-dozen similar photos taken by the agency. Those pictures showed different suspects, and officers dressed in outfits ranging from tactical gear to street clothes. Hawthorne said the suspect in the photograph obtained by the Tribune, Guillermo Romero, was arrested on drug charges involving methamphetamines and cocaine. Frakes said that when he ran the sheriffs SWAT team, there were times when separate photographs were taken to show injuries to the suspect, damage to a building, or the clothing and gear used by officers. Staged group photos of the officers with the suspect were never taken, he said. Other Valley police agencies described a different approach as well. Lt. Bob Gervasi, a Mesa SWAT commander, said videotapes are sometimes made of the house where an arrest was made to document property damage. Often photographs of officers are taken after an arrest, Gervasi said. But they are photographed individually and not with the suspect, he said. "As far as posing with the suspect . . . its not a matter of routine and I dont ever recall posing where we set it up afterwards," Gervasi said. Cmdr. Angel Carbajal, a member of the Tempe police SWAT team, said that agency does not take pictures of its officers with suspects. If the issue of whether officers were clearly identified as police is likely to arise, a description of their clothing will be made in written reports, and photographs may be taken of individual officers. Sgt. Lauri Williams of the Phoenix Police Department said there is no reason to photograph tactical officers with a suspect after a raid. The department has written regulations describing what officers should wear that are so detailed that they specify the size of the lettering in the word "police." If the issue of whether officers were clearly identified arises in court, those regulations can be submitted and officers can show up to describe their clothing. If a photograph showing officers clothing is taken, "you wouldnt need to do it with the suspect," Williams said. "If theres not a reason to take a photograph of the suspect, we dont take one, especially with our SWAT team." A spokeswoman for the Arizona Department of Public Safety refused to discuss whether that agency takes staged photographs of its officers with suspects after an arrest. John Gnagey, executive director of the National Tactical Officers Association, which sets training guidelines for police tactical units, said he knows of no other agency that poses for pictures with a suspect after an arrest. "When I was running a team, that would not be an accepted practice," said Gnagey, who spent 30 years as a police officer in Illinois. PROBLEM EVIDENCE Barnett Lotstein, spokesman for the Maricopa County Attorneys Office, said taking posed photos of officers with a suspect is "not illegitimate." Lotstein cited the same reasons as Hawthorne, but said he does not know of any specific case in which a such a picture was used in court. However, defense lawyers with law enforcement backgrounds said posed photos of a suspect surrounded by SWAT officers have no value as evidence. "Its just a trophy for these guys to put in their scrapbooks," defense lawyer Robert Kavanaugh, a former Phoenix police officer, said of the photograph. "I cant imagine it having any relevance in a criminal trial." Larry Debus, also a defense attorney and former Phoenix police officer, said forcing a suspect to be photographed while surrounded by police in full tactical gear is unprofessional and could jeopardize the criminal case. Any statements made by the defendant after the picture was taken would probably not be admissible in court, Debus said. "Sitting him in front of a tank with 12 guys that were masked and armed, would be such intimidation that no statement that followed that photograph could ever be admissible," Debus said. "What that photograph is is unconscionable. It denigrates law enforcement. Its embarrassing for a real law-enforcement officer and a real law-enforcement tactical group." The sheriffs SWAT team was thrown into turmoil in November 2004 after its top two commanders were abruptly replaced. Less than a month later, two SWAT deputies were shot while serving a search warrant in a murder investigation in east Mesa. The old full-time SWAT team was replaced by new officers a short time later. New officers were appointed to the squad on a part-time basis. The old SWAT team has been under internal investigation for nearly a year. The investigation was launched a day after the two wounded officers spoke critically of their new commanders in separate interviews with the Tribune. Contact Mark Flatten by email, or phone (602) 542-5813