Commentary : Independence is the Key for Supervision of LAPD : Rigorous oversight by the inspector general and Police Commission plus an outside prosecutor are needed. : BY ERWIN CHEMERINSKY

The Los Angeles Police Department is seriously diseased and a cure requires recognizing the extent of the illness and implementing systemic reforms. Since the beating of Rodney King, the LAPD has been under intense scrutiny and many changes have been made. Yet, despite these improvements, it appears that an unthinkable horror occurred in the Rampart Division. Nothing is more inimical to the rule of law than police officers shooting and permanently paralyzing an innocent man, framing him and causing his conviction for a crime he did not commit. Mounting evidence indicates that this tragedy is not an isolated incident, but part of a larger pattern of police lawlessness.

After every allegation of serious wrongdoing by Los Angeles police officers, apologists for the LAPD label the perpetrators aberrant “rogue cops,” rather than recognizing the flaws in the department that allow and even encourage such behavior. Although their actions were different and separated by years, there is a link among Stacey C. Koon and Laurence M. Powell, who violated Rodney King’s civil rights; Mark Fuhrman who committed blatant perjury in the O.J. Simpson case; and Rampart officers, according to current charges. All were LAPD officers who broke the law and lied about it. All were protected, at least for a time, by fellow officers and supervisors who knew, or should have known, about the misconduct, but did nothing. The Christopher Commission, created in the aftermath of the King case, described the “code of silence” that permits serious wrongdoing by officers to go undiscovered and unpunished.

Solving the problem requires aggressive investigation of wrongdoing and strong discipline of all involved, including those who continue the code of silence. First, an independent and aggressive inspector general with broad investigative powers is imperative. Perhaps the single-most important reform proposed by the Christopher Commission was the creation of the post of inspector general. Unfortunately, the Police Commission and its executive director gutted this position, limiting the the post’s investigative powers and keeping the inspector general from reporting directly to the Police Commission.

The new City Charter, which takes effect July 1, empowers the inspector general to investigate any matter with full access to all information and with direct reporting to the Police Commission. This week, the Police Commission announced that it will grant the inspector general this authority immediately.

Second, aggressive management by the civilian Police Commission is essential. The Christopher Commission emphasized the need for civilian control of the police. In the wake of the recent allegations, the Police Commission has asserted this authority. Yet, the Police Commission has had the responsibility for managing the department since the Christopher Commission reforms were adopted. Why did it take the most recent atrocities for the commissioners to assert their powers? Indeed, it was the Police Commission that prevented the first inspector general, Katherine Mader, from functioning as the Christopher Commission intended.

There is a great danger that the Police Commission too often identifies with the department that it manages, rather than serving as a force for oversight and control. Therefore, external oversight needs to be considered to ensure solutions. For example, a permanent prosecutor--one not affiliated with the district attorney’s office--with the task of investigating and prosecuting misconduct, as proposed by the American Civil Liberties Union, is a way to restore public confidence in the department. The district attorney’s office constantly works with the police so there is a problem with it also having the primary responsibility for investigating and prosecuting criminal wrongdoing by officers. Additionally, it is time to reconsider the idea of a civilian review board.

The consequences of the latest allegations will haunt the department and prosecutors for years. Most fundamentally, every Los Angeles resident now has reason to distrust and fear the police.

Steps must be taken immediately to assure the public that there will be aggressive investigations, from within and outside the department. A society that lives under the rule of law cannot tolerate police officers who flout it.