Academy Notes - The Northern Virginia Criminal Justice Training

N o r t h e r n Vi r g i n i a C r i m i n a l J u s t i c e T r a i n i n g A c a d e m y
Academy Notes
Online at http://www.nvcja.org/
Volume 9, Issue 1
EXECUTIVE
COMMITTEE
Chief Joseph R. Price, Chair
Chief Richard J. Rappoport, Vice Chair
Sheriff Beth Arthur
Sheriff S. Stephen Bittle
Sheriff Michael L. Chapman
Chief Earl Cook
Chief Daniel A. Dusseau
Chief John C. Evans
Chief Mary Gavin
Chief Stephen Holl
Chief Douglas Keen
Sheriff Dana Lawhorne
Chief Anthony J. Panebianco
Chief M. Douglas Scott
Chief Darryl C. Smith
Chief Michael A. Taborn
Chief Drew J. Tracy
ADMINISTRATION
Bill O’Toole, Executive Director
Tom Fitzpatrick, Dep. Director
Cpt. Brian Gough, Dep. Director
Paul Thornton, Basic Training Mgr.
Bob Brendel, In-Service Mgr.
Brian Schmidt, Operations Mgr.
Albert Oglesby, Accreditation Mgr.
Inside this Issue
Session 127 Graduation ............... 1
New Basic Training Manager ...... 2
New Chief in Falls Church .......... 2
CALEA Onsite ............................ 3
Instructor Certification ............... 4
Excelsior College ........................ 4
Use of Force ............................... 5
Physical Fitness Corner ............... 6
Academy Operations News ......... 7
EVOC ......................................... 8
Staff News ................................... 9
Legally Speaking ....................... 10
Northern Virginia Criminal Justice
Training Academy
45299 Research Place
Ashburn, VA 20147-2600
Phone: 703-729-4299
Fax: 703-729-4634
Web: www.nvcja.org
Contact: Steve Smylie
Published Quarterly
Winter 2013
Session 127 Graduates
Graduation for Session 127 was held
Friday December 21, 2012 at George
Mason University. Ninety-six graduates, including 19 new sheriff’s deputies and 77 new police officers, received their certificate of graduation
from the Northern Virginia Criminal
Justice Training Academy. The keynote speaker for the graduation was
Steve Hall, retiring Basic Training
Manager. Steve reflected on the
changes he had seen in law enforcement during a career that spanned over
four decades, and he used that image to
encourage the recruits to embrace the
changes they will see during their careers.
Director Emeritus Thomas Shaw presented the award named in his honor to
Officer Kevin S. Mapp, Arlington
County Police Department. The recipient for the Thomas L. Shaw Award is
selected by the class and recognizes
the recruit who best exemplifies the
dedication, professionalism, and leadership that Director Shaw was known
for during his long tenure as Academy
Executive Director.
Retiring Basic Training Manager Steve Hall
provided the keynote address at this, his
final graduation ceremony.
senting Section B, and Officer Christopher Wagner, Arlington PD, representing Section C. They then led the graduating class in the Law Enforcement
Oath of Honor.
The following additional awards
were presented: Director’s Award for
Academic Excellence: For the Combined School - Deputy Janelle Clark,
Officer Mapp also served as Class
President. In his remarks he reflected Arlington County Sheriff’s Office. In
on the experiences the class had shared the Basic Law Enforcement School and the importance of holding true to Officer Michael Hall, Fairfax City Pothe lessons of ethics and integrity they lice Department took top honors.
Award for Firearms Proficiency: Ofhad learned.
After the presentation of the gradua- ficer Juwan McCloud, Metro Transit
Police Department.
tion certificates, Officer Mapp was
joined on stage by the class Vice Presi- Award for Emergency Vehicle Opdents, Deputy Deon Eaddy, Alexandria erations Proficiency: Officer Michael
SO representing Section A, Officer
Munsterman, George Mason Univer(Continued on page 3)
Edward Shapiro, Arlington PD, repre-
Volume 9, Issue 1
A CADEMY NO TES
Pag e 2
breadth of skills and expertise to the position.
Captain Thornton began his nearly 32-year law enforcement career in 1980 at the NVCJTA as a member
of Session 44. He started as a Vienna police officer
Mr. Paul Thornton has been seand, in 1984, he joined the Fairfax County Police Delected to replace Steve Hall as the partment. During his FCPD career he served in a variBasic Training Manager. Mr.
ety of assignments while working his way up through
Thornton retired from the Fairfax the ranks. Some of Paul’s supervisory and manageCounty Police Department and as- ment experiences include Assistant Basic Training Susumed his position at the academy pervisor and Basic Training Supervisor at the academy,
on December 18, 2012.
Criminal Investigations Section Supervisor, Firearms
This process generated 20 appliTraining Unit Supervisor, Internal Affairs Supervisor,
cants for the position and eventu- Patrol Supervisor, Inspections Division Supervisor,
ally interviews of 12 finalists were Fair Oaks District Station Commander, and his current
conducted, including two highly qualified academy
assignment as the Assistant Director of the Criminal
employees. That made the selection of our new Basic Justice Academy. Paul has a very solid background in
Training Manager both extremely competitive and very law enforcement training, supervision, and leadership
difficult for those on the selection panel. In the end,
and he will be a tremendous addition to the training
the panel was unanimous in its assessment of Mr.
team. 
Thornton as the candidate who would bring the widest
Paul Thornton Appointed as
Basic Training Manager
Mary Gavin Appointed as Chief of
Falls Church Police Department
Major Mary Gavin was promoted
to Chief of Police effective November 12 when Harry Reitze retired after 37 years with the Department. Gavin has served as the
City’s Deputy Chief of Police
since December 2007.
“Mary has earned the trust and
respect of the members of the Department and the community,”
said City Manager Wyatt Shields. “She lives and
breathes the highest standards of law enforcement and
is the ideal person to lead our Police Department forward.”
“It has been a privilege to serve as Deputy Chief for
five years under the guidance of Colonel Harry W.
Reitze,” said Gavin. “I look forward to continuing the
strong traditions and culture of the Department and
working with The Little City's community as the Chief
of Police."
As the City’s Deputy Chief, Gavin oversaw the Operations Division, Internal Affairs, and supervised the
Commander of Services. She served with the Arlington
County Police Department for 21 years in several leadership roles, including Vice and Narcotics Commander,
Operations District Commander for the Rosslyn-
Ballston Corridor, Lieutenant of the Criminal Investigations Auto Squad, and School Resources Supervisor.
She also created Arlington's first Youth Police Academy along with many other initiatives to foster strong
ties between public safety personnel and the community.
Gavin played an active role in Arlington's 9/11 response, including establishing staffing command for
police operations, coordinating initial response from
nearby county agencies, and managing the prolonged
mutual aid requests for 28 agencies throughout the
Washington, DC Metro region.
Gavin’s professional memberships include the City
of Falls Church Alliance for Youth, Virginia Association of Chiefs of Police, International Association of
Chiefs of Police, Association of National Ethic Trainers, and Police Executive Leadership Alumni Association.
Gavin’s extensive education and training includes a
bachelor's degree in Law Enforcement from Eastern
Kentucky University, Northern Virginia Criminal Justice Academy (63rd Session), Police Executive Leadership Seminar (PELS, 1999), FBI National Academy
(Session 222), and the International Association of
Chief of Police’s Leadership Institute on Violence
Against Women.
The Northern Virginia Criminal Justice Training
Academy congratulates Chief Gavin and welcomes her
as a member of the Board of Directors! 
Volume 9, Issue 1
A CADEMY NO TES
(Continued from page 1)
Leesburg Police Dept: 3
sity Police Department.
Loudoun County Sheriff’s Office: 6
Physical Fitness Award: Officer Jessica Johnson and
Officer Robert Faulkner, both with the Alexandria City
Police Department.
Manassas City Police: 2
The Session 127 graduate numbers from our member
agencies are as follows:
Alexandria City Police Dept: 18
Alexandria City Sheriff’s Office: 7
Pag e 3
Metro Transit Police Department: 21
Metro Washington Airports Authority Police: 5
Session 128 Combined School began on January 2
with 21 sheriff’s deputy recruits. The Law Enforcement
school began on January 31 with a total of 88 recruits.

Arlington County Police Dept: 21
Arlington County Sheriff’s Office: 6
Fairfax City Police Department: 4
George Mason Univ Police Dept: 3
CALEA ASSESSORS VISIT
NVCJTA
On Tuesday, 12/11/2012, assessors from the Commission on Accreditation for Law Enforcement Agencies (CALEA) arrived to review our Academy’s policies and protocols. Verification by the CALEA team
that the Academy meets the Commission’s standards is
part of a voluntary process to gain national accreditation - a highly-prized recognition of professional excel-
lence. The two assessors were 1) David Hornyak, Ohio
Attorney General’s Office, Risk Manager for the State
of Ohio, who oversees internal security, threat assessment and mitigation activities; and 2) Rae Ferguson,
who retired in April 2012 as a Lieutenant after 28 years
of service with the Asheville, N.C. Police Department.
The evaluation team was on site from December 1114, 2012, and while here assessed the academy in these
basic areas: credentialing, organization, direction and
authority, human resources (recruitment/selection/
employment and promotion), instructional systems,
training administration, instructors, and students.
While at the academy the assessors were provided
tours of the Ashburn facility as well as the EVOC facility in Nokesville. The assessors were extremely complimentary of both facilities and were impressed with
the excellent condition in which they are both maintained. Comments were also made as to the professionalism of the staff and the high quality in which CALEA
compliance was documented. During the exit interview with the executive staff, the team leader, David
Hornyak, stated, “It was an amazing on-site and only
the second on-site assessment where I had no applied
discretions”. The reference to “applied discretions”
means that the Academy met or exceeded every one of
the 158 CALEA Public Safety Training standards.
L-R Academy Executive Director Bill O’Toole, CALEA Assessor David Hornyak, CALEA Assessor Rae Ferguson, Deputy Director Tom Fitzpatrick and Academy Accreditation Manager Al Oglesby
Attaining re-accreditation was a group Academy staff
effort, but special recognition goes to Al Oglesby for
his conscientious and dogged efforts to reach this lofty
goal. 
Volume 9, Issue 1
A CADEMY NO TES
DCJS Update
General Instructor Certification and
Recertification Regulations
As you know the General Instructor Development
program is a certificate program, and officers and deputies who have taken the full course hold certification
through the Virginia Department of Criminal Justice
Services (DCJS). Those personnel who want to become
instructors must attend a 40-hour General Instructor
Development Course and serve an apprenticeship
within 12 months of successfully completing the
course. Apprenticeship consists of four hours of observed classroom instruction by a Virginia State certified instructor with at least three years or more instructional experience.
Apprenticeship also applies to personnel whose
certification has lapsed, and they must attend an instructor re-certification class. The 2012 updated version
of the Virginia Criminal Justice Reference Manual has
mandated some additional forms to be completed. The
DCJS now requires that officers and deputies submit a
completed reinstatement form (IC-2).
In addition, the DCJS has mandated that if any instructor certification is revoked for falsifying “any department report, application, form or roster; based upon
observation and assessment; or otherwise misused the
authority granted …” by the agency head or the academy director, he/she will not be eligible to reapply for
certification for three years from the date of revocation.
If a certified instructor is no longer an employee of
a Virginia criminal justice agency or no longer an academy director, the certification becomes void. Upon reemployment with a Virginia criminal justice agency,
the instructor certification may be reinstated upon submission and approval by DCJS via Form IC-2.
Once General Instructor status is attained, it does
not authorize the person to instruct any specialty
courses such as firearms, defensive tactics, driver training or radar/laser operator courses. For specialized certifications, the applicant must complete a 40-hour instructor course in the specialized topic after completing
the General Instructor Development Course and serve
an apprenticeship no less than four hours in duration
for any specialty area (except for speed measurement
which consists of two hours). The observing instructor
must hold the same certification as the student instructor being observed.
Pag e 4
Excelsior College Offers New
Educational Opportunities
The Academy has entered into an agreement with
Excelsior College that will provide discounted tuition
in all of the degree programs, and significant discounts
in the administrative fees for Associate and Baccalaureate programs to sworn members of any of our member agencies.
Academy graduates beginning with Session 100
(1999) can also receive significant credit for their
academy training as well.
Excelsior College is regionally accredited and is a
recognized leader in removing obstacles to the educational goals of the adult learner. It provides efficient
and affordable access to higher education through multiple avenues to degree completion. As a pioneer in
distance learning it provides numerous online degree
programs.
Founded as Regents College in 1971 and chartered
as a private, nonprofit institution in 1998, the College
was renamed Excelsior College in 2001.
For more information Contact David Roberts at
DRoberts2@excelsior.edu
or go to http://partnership.excelsior.edu/nvcja to
start the enrollment process. 
Volume 9, Issue 1
Use of Force Issues
Bryan Patterson
A CADEMY NO TES
Pag e 5
Law Enforcement Officers Safety Act
(LEOSA) - Improvements Act of 2010
In 2004 President George W.
Bush signed into law the Law
Enforcement Officers Safety Act
(LEOSA), which for the first
time in history allowed for
“qualified law enforcement officers” and “qualified retired law
enforcement officers” to carry a
concealed firearm in any jurisdiction in the United States. In
effect, this federal law overrides state and local laws
that in the past, prevented law enforcement officers
from carrying a concealed firearm in jurisdictions
other than their own. There are, of course conditions
and restrictions that must be adhered to in order to
qualify under this law, and I will cover them in this
article. Many in law enforcement today do not remember a time when, if you traveled from your jurisdiction or state to another, you were required to comply with the laws of that jurisdiction or state in regards to carrying a concealed firearm. For example, if
a police officer in Virginia or Maryland wanted to
visit someone off-duty in the District of Columbia,
you couldn’t legally bring a firearm into D.C. at all
and if you drove through D.C. with a gun in your car,
you were also in violation of the laws of the District
of Columbia!
Under LEOSA, a “qualified law enforcement
officer”, must meet each of the following criteria:
1. Be employed by a governmental agency.
2. Be authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or
the incarceration of any person for any violation of
law.
3. Have statutory powers of arrest.
4. Be authorized by the agency to carry a firearm.
5. Not be the subject of any disciplinary action by the
agency which could result in the suspension or loss
of police powers.
6. Meets the standards established by the agency
which require you to qualify in the use of a firearm.
Under LEOSA a “qualified retired law enforcement officer”, a person must:
1. Have separated from service in good standing
from a public agency as a law enforcement officer.
2. Before such separation, have been authorized by
law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the
incarceration of any person for any violation of
law and had statutory powers of arrest, and:
A. Before such separation, have been employed as
a law enforcement officer for an aggregate of
ten years or more of service or,
B. Retired from service with such agency, after
completing any probationary period of such
service, due to a service-connected disability.
4. During the past twelve month period, met the
standards for qualification in firearms training for
active law enforcement officers as determined by:
A. Their previous agency or the state in which
they live or,
B. If the state has not established such firearms
standards, either a law enforcement agency
within the state in which the individual resides
or a qualified firearms instructor.
5. And:
A. Have not been officially found by a qualified
medical professional employed by the agency
to be unqualified for reasons relating to mental health or,
B. Have not entered into an agreement with their
previous agency in which that individual acknowledges he or she is not qualified under
this section for reasons relating to mental
health.
Such a person must possess either:
1. Photo identification issued by their previous
agency that indicates that they have in the previous 12 months been tested and qualified with a
similar weapon as the concealed firearm.
2. Or have both of:
A. Photo identification issued by their previous
agency and
B. A certification issued by the state in which they
live or by a certified firearms instructor that
(Use of Force continued on page 7)
Volume 9, Issue 1
A CADEMY NO TES
Physical Fitness Corner
Robert Hammes, M.S., CSCS
Pag e 6
A Rivalry of the Heart
Ali vs. Frazier, Bird vs. Magic,
resistance training is beneficial for people suffering
Yankees vs. Red Sox, Cowboys
from heart disease. Besides strengthening the heart,
vs. Redskins... cardio vs.
scientists found that strength training helps those with
strength training. Huh? Well,
heart disease develop functional strength, improve
maybe that last entry is not one
endurance, maintain independence and enjoy a higher
of the all time great rivalries in
quality of life. On to 2011. Researchers reported in
the annals of sport, but when it
the Journal of Strength and Conditioning that propcomes to overall health benefits, erly designed strength training enhanced heart funcwhich of the two provides the
tion by strengthening the heart muscle, improving cirmost bang for the buck is more
culation, reducing resting blood pressure and lowering
debatable now than ever. A generation ago the preLDL cholesterol. The heart, it seems, adapts to physivailing thought was cardio training was more applicacal stress just like skeletal muscles. Take that, you
ble to health benefits, whereas strength training was
cardio elitists! I should also add that researchers coneither sport specific or narcissistic. Today, however,
tinue to stress the benefits of strength training in the
a growing body of research indicates
prevention and management of
that resistance training, if done prop“cardio vs. strength train- other chronic conditions, such as
erly, provides health benefits beyond
low-back pain, osteoporosis, obeing... which of the two
simply bulking up muscles and
sity, insulin resistance, type 2 diabeprovides
the
most
bang
strengthening bones. We now know
tes and even some cancers.
that adding lean muscle mass through
for the buck is more de- So, if you want to improve heart
strength training is important to health batable now than ever.”
function in the weight room, conin many other ways such as improving
sider the following:
body composition, increasing resting
Circuit train: Circuit training not only provides a
metabolism, enhancing mood and energy, improving
strength
training stimulus but the continuous nature of
sleep, maintaining good posture, and increasing indethe
activity
has been shown to increase aerobic fitness
pendence for older adults. In each of those categories,
as
well
as
strength.
Circuit training can also be a timestrength training is capable of going toe to toe with
saving and cost-effective means of achieving a quality
cardio training.
hybrid workout for non-elite athletes.
All well and good, you say, but what about carDo not train to failure: Training to failure during
diovascular benefits? Is it even conceivable to place
every
workout session is unnecessary to achieve imstrength training in the same ballpark as cardio trainprovements
in strength. Although training to failure
ing when it comes to the enhancement of heart health?
is beneficial intermittently to improve performance,
Equally beneficial... probably not. Same ballpark… a
there are some risks. The highest blood pressure readcase can be made. Although cardio activity has long
ings occur at or near the failure point. One recent
been touted as the “go-to” means for improving heart
large-scale Canadian study noted that exercising to
health, recent developments have altered that underexhaustion using large muscle groups could increase
standing just a bit. In 2000, the American Heart Association published research in the journal Circulation blood pressure to as high as 400/300 mm Hg. While
this momentary spike is likely not dangerous to young
concluding that when appropriately prescribed and
healthy athletes, the study suggested that it may be a
supervised, resistance training has favorable effects
cause for concern in those individuals 45 years of age
on muscular endurance, cardiovascular function, metabolism, coronary risk factors and psychosocial well- or older or those with a history of cardiovascular issues.
being—all of which are factors that affect heart
health.
Maintain the Intensity: Strength training intensity
is expressed as a percentage of the maximum
Fast forward to 2007. The same researchers expanded their recommendation, concluding that proper
(Physical Fitness Corner Continued on page 7)
Volume 9, Issue 1
A CADEMY NO TES
Pag e 7
2. Laws of any state prohibiting the carrying of concealed weapons on state or local government property such as courthouses, schools or parks, etc.
Currently, there are 900,000 sworn law enforcement officers in the United States, and there are
210,000 retired officers who qualify under LEOSA to
carry a concealed firearm. I believe strongly in the
privilege that we are afforded under LEOSA to carry a
concealed firearm. In this day and age where murderers shoot and kill innocent people every week, we
should give serious consideration to carrying a firearm
to protect ourselves, our families and others who just
happen to be present at the wrong time. These shooters
are attacking people at locations some people previously thought to be safe - shopping centers, movie
theaters, restaurants and even places of worship. I understand that this decision to carry a firearm is a personal one, but imagine what a difference we could potentially make.
I would also like to inform readers that the National
Rifle Association (NRA) opens their range in Fairfax
two times a month for qualification under LEOSA to
retired officers who live in Virginia. Anyone interested
There are two types of state laws that are not
simply has to call (703-267-1646) and make a reservaoverridden by the LEOSA law:
tion and, best of all, there’s no charge. All you have to
1. Laws of any state that permit private property own- do is bring your firearm and ammunition, and they will
ers to limit or prohibit the carrying of concealed
take care of the rest. The NRA Headquarters Range is
weapons on their property such as public bars, pri- located at 11250 Waples Mill Road Fairfax, Va. 22030.
vate clubs, amusement parks or hospitals etc.

(Use of Force Continued from page 5)
they have in the previous 12 months qualified
or otherwise been found to have met either:
1. The active duty standards for qualification in firearms training as established
by the state to carry a firearm or,
2. If the state has not established such standards, standards set by any law enforcement agency within that state to carry a
firearm.
The Improvements Act of 2010 (significant
changes)
 Added Amtrak Police, Federal Reserve Police
and Police Officers of the Executive Branch of
the Federal Government.
 Lowered the minimum number of years served
from 15 yrs. to 10 yrs. for retired law enforcement officers to qualify under LEOSA.
 Qualified officers must not be under the influence of alcohol or other intoxicating drug or
substance.
Academy Operations News
Brian Schmidt, Operations Manager
Expanding the Academy’s parking capabilities is
coming closer to actualization. Planning for a new
56-space parking lot on the grassy area on the east
section of the Academy property (often referred to as
the “pan”) has been in the works for months. The
engineering and design company that was chosen for
this project has submitted its final plans to Loudoun
County for approval. The next step in the process is
the solicitation and selection of a construction vendor. The goal is to have ground broken for this project by spring of 2013.
Also, the Academy’s IT infrastructure is being examined for opportunities to increase bandwidth, introduce emerging technologies, and replace aging
equipment in order to meet the challenges of the
Strategic Plan. 
(Physical Fitness Corner Continued from page 6)
amount of weight that you can lift (%1RM) for a given
exercise. Be aware that intensities below 60%1RM do
not generally increase strength. Circuit trainers, in
particular, should understand that the most effective
intensities for strength gain lie in the 60-75% 1RM
range.
Bottom Line: Don't get me wrong... cardiovascular
training, if programmed correctly, carries with it tremendous health benefits, especially those involving
heart health. In fact, when it comes to overall heart
health, cardiovascular training would likely defeat
strength training in a seven game series... but it certainly wouldn't be a sweep. And those who shun
weight training entirely in favor of strict cardio need to
get a grip (pun intended). 
Volume 9, Issue 1
A CADEMY NO TES
EVOC
Sgt. Sherry Sprague, EVOC Supervisor
Pag e 8
Let's watch our driving speed
The old adage that “speed
kills” not only applies to
citizens but law enforcement as well.
All drivers need to examine and should be continuously correcting their own driving habits to increase
their personal safety while out on the highway.
Officers and deputies - if you get a call tonight and
it is a fatality collision involving just one vehicle,
what do you initially assume the cause is before you
even arrive on the scene? You will routinely hear “speed” from instructors, supervisors and fellow officers from one agency
to another. Excessive speed is always criticized in our profession whether by our
peers, supervisors or the general public. At
the EVOC we address the dynamics of a
vehicle at high speeds but also emphasize
the risk of that speed versus the reward at
the end.
Some of their initial findings include:
Nearly 3 of every 4 drivers rated speeding as a serious problem, however…
2 out of every 5 of those same drivers admitted having driven 15 mph over the speed limit on the highway in the past 30 days, and
14% even admitted having driven 15 mph over the
speed limit on a neighborhood street in the past 30
days.
7 of every 10 drivers rated drivers who run red
lights as a serious problem,
yet over 5% of those same
drivers admitted having run a
red light on purpose in the
past 30 days.”
No matter what the vehicle code says, you are not exempt from the laws of physics. Captain Travis Yates, Tulsa, Oklahoma
Police Department and current president of
Alert Internationals (the Association of Law Enforcement Emergency Response Trainers) states: “Does it
make a difference? When was the last time you drove
really fast and you prevented a crime because of your
speed? When was the last time you drove fast and
caught a suspect because of your driving? “ Let us all
reflect on what is important in life and weigh the risks
vs. the reward.
Let’s all focus on cutting the
line-of-duty deaths in half.
Let’s all change how we
think, how we drive, refocus
on what’s important in life
and make those behavioral
changes. And let’s not forget
to wear our seat belts ALL the time. Keep in mind
that in the past 30 years, 42% of officers killed in vehicle crashes were not wearing their seat belts.
Let’s not combine high-speed driving with not
wearing your seatbelt, which would be by far the
deadliest of combinations.
MAKE A DIFFERENCE TODAY! 
Many agencies should reflect on and review their
policies. If their state authorizes over- the-speed-limit
speed but it’s very general, then it’s up to the agencies
to define precisely to what standard the officers will
be held. Law enforcement agencies need to balance
the need to apprehend suspects with the more paramount issue of safety for its officers and citizens.
Citizens in the community also share the blame for
excessive speed habits and pose a tremendous hazard
to those of us protecting our communities. The AAA
Foundation for Traffic Safety (AAAFTS) recently
completed their “2008 Traffic Safety Culture Index”,
which examines attitudes, distractions, perceptions
and other cultural trends affecting highway safety.
Wear your belt Wear your vest Watch your speed WIN—What’s important now? Remember Complacency Kills Volume 9, Issue 1
A CADEMY NO TES
Staff News
We have recently welcomed three new agency assigned instructors to the basic training team.
Officer Rickey Clodfelter joined us
on November 6, 2012. He has been
with the Manassas Police Department for the past eight years. During his career he has been assigned
to patrol units, the Bike Team,
Scuba Team, ESU and, most recently, to the Special Problems Unit
which is dedicated to solving quality
of life concerns throughout the city. Rickey is a certified General Instructor and is also certified as a
NHTSA SFST instructor, a Breath Alcohol Operator,
and a LawFit trainer.
Rickey has earned a Bachelor of Science degree in
Criminal Justice and Psychology from East Carolina
University. He will be assigned to the Defensive Tactics training staff and will teach patrol topics to the recruits.
Officer Andrew M. Zucco joined
us on January 23, 2013. He has
been with the Leesburg Police Department for over seven years. During his career he has been assigned
to patrol duties, as a School Resource Officer and, most recently, as
a General Assignment detective specializing in sex crimes and crimes
against children. Andrew also has prior law enforcement experience with the Dighton (MA) Police Department and with the Wheaton College Public Safety Department. In addition, he holds a Bachelor’s Degree in
Criminal Justice from Bridgewater State College.
Andrew will be assigned to the Defensive Tactics
training staff and will teach patrol topics to the recruits.
Pag e 9
Officer Andrea O’Leary joined us
on January 8, 2013. She has been
with the Alexandria Police Department for the past 10 years. During
her career she has been assigned to
various patrol units and has served
as a Field Training Officer and as a
member of the Honor Guard and the
Civil Disturbance Unit. Andrea is a
certified General Instructor and Firearms Instructor and
has also been certified or trained as a bicycle operator,
Glock Armorer, Taser operator, and Radar/Lidar operator.
Andrea will be assigned to the Defensive Tactics
training staff and will teach patrol topics to the recruits. We are pleased to welcome her to our Academy team!
With the graduation of Session 127, we are saying
goodbye to two of our agency-assigned instructors,
Officer Danny Webb, Alexandria PD and Kevin
Zodrow, Leesburg PD.
Danny Webb began his assignment here in September 2009 and served over three years providing instruction to Sessions 121-127. That totals 476 academy
graduates who benefited from his instruction. Danny
was the lead Crash Investigation instructor which comprises multiple classroom and practical sessions
throughout the academy session. He was also part of
the Physical Training team. Danny will be returning to
the backbone of police work, patrol duties, with the
Alexandria PD.
Kevin Zodrow began his assignment here in July
2010 and served 2 1/2 years providing instruction to
Sessions 123 through 127 for a total of 399 academy
graduates who benefited from his instruction. Kevin
taught a wide variety of subjects including Motor Vehicle Code, Building Search, Policing in the 20th Century
(Community Policing) and Disasters and Explosive
Incidents. Kevin was also assigned to the Physical
Training team. His agency, Leesburg PD, asked for his
early return after he successfully competed for an investigator position. 
Volume 9, Issue 1
A CADEMY NO TES
Legally Speaking
Pag e 1 0
The Continuing Debate over
Eyewitness Testimony
Lyla Zeidan, J.D.
Nearly ¾ of the nation’s wrongful
convictions proven through DNA
testing involved a misidentification.
This not only affects the suspect,
but rather the entire criminal justice
system, society and the victim.
Sometimes, the real perpetrator is
not identified and stays in the community, free to commit other
crimes and endanger the public.
The victim is further traumatized since he or she now
has guilt from identifying the wrong person. In addition, misidentification erodes public confidence in the
criminal justice system and the agencies involved, including the investigators.
showing suspects singly to persons for the purpose of
identification, and not as part of a lineup, has been
widely condemned. However, a claimed violation of
due process of law in the conduct of a confrontation
depends on the totality of the circumstances surrounding it.” The Court concluded that due to the serious
nature of Mrs. Behrendt's injuries, it was imperative
that a witness-suspect confrontation take place as soon
as possible. Thus, under the totality of the circumstances, the identification procedure was not unduly
suggestive.
In later years, the Supreme Court elaborated on the
totality of the circumstances analysis, establishing factors to be considered to determine if the identification
procedure was impermissibly suggestive. In Simmons
v. United States, 390 U.S. 377
(1968), the Court stated:
¾ of the na-
There are several explanations for
a faulty identification - stress; pres“Nearly
ence of a weapon and the victim was
tion’s wrongful convic- [W]e hold that each case must be
focused on looking down the barrel
considered on its own facts, and that
tions proven through
of a gun; circumstances – lighting,
convictions based on eyewitness
opportunity to view, duration, etc.;
DNA testing involved a identification at trial following a
memory/ability to recall; statistically
pretrial identification by photograph
misidentification.”
significant "cross-race impairment,"
will be set aside on that ground only
where members of any one race have a clear defiif the photographic identification procedure was so
ciency for accurately identifying members of another impermissibly suggestive as to give rise to a very subrace; and police identification procedures – suggestive- stantial likelihood of irrefutable misidentification.
ness to witness by manner, method, behavior, words,
In Neil v. Biggers, 409 U.S. 188 (1972), the Court
or body language. All of the above factors can lead to
concluded
that a police station showup was unnecesan unreliable identification.
sarily suggestive but yet so reliable that evidence of
As a result, states are passing model policies and leg- the showup identification was admissible. The Court
islation on best practices and revising training on how listed several “factors to be considered in evaluating
to conduct proper lineups. Virginia has a model policy the likelihood of misidentification.” These include:
which can be found on the Department of Criminal
[T]he opportunity of the witness to view the criminal
Justice Services’ website, http://
at
the time of the crime, the witness' degree of attenwww.dcjs.virignia.gov/cple/sampleDirectives/.
tion, the accuracy of the witness' prior description of
Case Law
the criminal, the level of certainty demonstrated by the
The United States Supreme Court has established
witness at the confrontation, and the length of time beguidelines to determine if photo spreads and lineup
tween the crime and the confrontation.
procedures are suggestive or unreliable. In Stovall v.
These factors were echoed by the Court in Manson v.
Denno, 388 U.S. 293 (1967), an assailant entered the
Brathwaite, 432 U.S. 98 (1977). In addition, the
home of Dr. and Mrs. Paul Behrendt, fatally stabbing Brathwaite Court stated that the factors must be balDr. Behrendt, and seriously injuring his wife. The po- anced against “the corrupting effect of the suggestive
lice apprehended Stovall, and took him to Mrs.
identification itself.”
Behrendt's hospital room where she identified him as
the assailant. The Court stated: “[T]he practice of
(Continued on page 11)
Volume 9, Issue 1
A CADEMY NO TES
(Continued from page 10)
From these cases two rules of law can be discerned.
The first involves the admissibility of evidence of outof-court identifications. Such evidence will be admitted
if either (a) the identification was not unduly suggestive, or (b) the procedure was unduly suggestive, but
the identification is nevertheless so reliable, in accordance with the factors noted in Biggers and Brathwaite,
that there is no substantial likelihood of misidentification. Second, even if evidence of the out-of-court identification cannot be admitted, an in-court identification
may still be made if the origin of that identification is
independent of the inadmissible out-of-court identification procedure.
Pag e 1 1
judge can still bar its use if the defendant establishes
that it might be the result of “suggestive police procedures.” That process requires that a court first determine whether investigators used “suggestive” tactics to
get an identification and then whether other information, independent of the suggestive tactics, supports the
identification. Karen Newirth of the Innocence Project
furthered added that “the court’s ruling offers a good
blueprint for other states grappling with identification
evidence.”
Texas
Texas leads the country in post-conviction DNA exonerations, according to the Innocence Project. A 2011
national study and state legislative mandate have been
Application to Specific States:
done to address concerns with the identification of suspects. The 2011 American Judicature study analyzed
Oregon
The Oregon Supreme Court in a unanimous decision information from the Austin Police Department primaron November 29, 2012 upended how eyewitness identi- ily. The study found that having a witness view one
fication is to be used in criminal trials. The opinion was photograph at a time (sequentially) resulted in fewer
marked as “a landmark decision that makes the Oregon mistaken identifications than having a witness view all
of the photographs together at the same time. The 2011
Supreme Court a national leader on a critical issue of
study also found that double-blind lineups have a
criminal justice,” said Karen Newirth, an expert with
higher rate of success. The key reason is because durthe Innocence Project, a group that works to overturn
ing a double-blind lineup neither the person administerwrongful convictions. The Innocence Project filed a
brief on behalf of Samuel Lawson who was convicted ing the photos nor the witness knows which person is
the suspect.
of murder and was serving a life sentence. Samuel
Texas is now administering double-blind, sequential
Lawson was found guilty of murdering a man and
lineups to help reduce mistaken identifications. Detecshooting his wife, Sherl Hilde, at an Oregon camptives are now giving witnesses in the majority of their
ground. Hilde had only a slight chance to see the person who shot her husband after she was critically shot. cases photos of potential suspects sequentially (one by
The Oregon Supreme Court said Hilde was “under tre- one), rather than simultaneously. The pressure has been
mendous stress and in poor physical and mental condi- on Texas since a 2010 law required the Bill Blackwood
Law Enforcement Management Institute of Texas at
tion”, which impaired her “ability to encode information into memory.” Two years had passed before Hilde Sam Houston to create a model policy for eyewitness
made the identification, which happened only after the identification procedures. The Austin Police Departpolice took her to a pretrial hearing to observe the man ment is among the first of those across the country to
they said had been arrested in the shootings and
adopt the sequential lineup procedure.
showed her his picture in a notebook.
In summary, officers need to follow the Department
The testimony of Hilde was critical because prosecutors did not have DNA evidence, fingerprints or the
murder weapon. The Supreme Court found “serious
questions” about the reliability of Hilde’s identification
of Lawson. The Court issued a new trial for Lawson
and established a new procedure for evaluating whether
eyewitness identifications can be used as evidence.
Now, the landmark ruling shifts the burden of proof to
prosecutors to show that such identification is sufficiently reliable to be admissible as evidence at trial.
The justices further ruled that, even if the state proves
that an identification is likely to be well-founded, a
of Criminal Justice Services’ guidelines for administering photographic and physical lineups. Witnesses, for a
variety of reasons, make mistakes. Therefore, knowing
that eyewitness identification can be unreliable, it is
incumbent upon law enforcement to exercise caution
and follow best practices in the methods employed in
the identification procedure. Do not stop at the identification, but continue the investigation and support it
with other evidence that corroborates the identification
such as physical evidence, statements, and other witnesses. 