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Controller's Report Buys Big Lie About Outlaw & Use Of Tear Gas

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By Ralph Cipriano
for BigTrial.net

The city controller's independent review of Philadelphia's complete mismanagement of the George Floyd protests properly faults the Kenney administration for a "failure of leadership at the highest levels."

But that same controller's report issued yesterday gives Police Commissioner Danielle Outlaw a complete pass on a big lie: that Outlaw supposedly never gave the final order for the cops to fire tear gas at June 1st at protesters who were illegally blocking traffic during rush hour on the Vine Street Expressway.

At the June 25th press conference, then-Deputy Police Commissioner Dennis Wilson stepped up to the microphone as Kenney and Outlaw watched, and took sole responsibility for authorizing the use of tear gas. 

"I didn't call the commissioner, I gave the  approval," Wilson said. "And it was me and me alone."

As Big Trial has previously reported, however, what Wilson had to say was complete B.S.; a phony story concocted to get both Kenney and Outlaw off the hook. Because that morning, both of them were under fire from the left-wing New York Times, for teargassing those allegedly peaceful protesters who were illegally blocking traffic during rush hour on the Vine Street Expressway.

Kenney, as the controller's report notes, had reluctantly signed off on allowing Outlaw to use tear gas before the George Floyd protests ever got started. 

Outlaw's cover story, swallowed by the entire gullible press corps, was that Wilson acted alone when he gave the final order to use tear gas. And that poor Danielle, who had just come to Philadelphia four months earlier from Portland, where, as police commissioner, she had previously authorized the teargassing of protesters, didn't know have a thing to do with what happened on the Vine Street Expressway. 

Even though according to the controller's report, she was standing right there at the scene, watching the crowd from an overpass, when the teargassing started.

Cops say it goes further than that. 

According to several police sources, is "She [Outlaw] knew ALL about it [the teargassing], and in typical fashion, she abdicated all responsibility, and blamed it on poor Dennis Wilson," one veteran commander told Big Trial. "The entire department knows this."

The real story is that Dennis Wilson, described by his fellow cops as the ultimate company man, both sought and received final approval from Outlaw before the tear gas canisters started flying. Even though as deputy commissioner, technically, Wilson didn't need Outlaw's permission to unleash the tear gas. 

As Big Trial has previously reported, there were witnesses with both Wilson and Outlaw at the time the teargassing went down, as well as numerous texts and emails exchanged between top cops that would tell the real story.

But the controller's office subcontracted out its independent investigation, and so that report never looked at whether the police commissioner's official alibi was B.S.

On June 4, 2020, City Controller Rebecca Rhynhart announced that her office would conduct “an independent review of the City of Philadelphia’s operational and resource deployment and tactics during the civil unrest that followed George Floyd’s murder.” 

To conduct that independent review, the Controller hired Ballard Spahr LLP, a politically connected law firm in Philadelphia, and AT-RISK International, LLC of Fairlawn, Ohio, a risk management consulting firm.

"The report itself details the accounts and facts discovered during the investigation by Ballard Spahr LLP. And of course, the information was provided to the investigation team by the city," said Genevieve Greene, a spokesperson for the controller's office.

"For us, the major takeaway is that the city needs better policies and clearer accountability when making decisions around the use of CS [tear] gas."

The controller's report, however, does call out the mayor, saying that as the city's highest ranking official, it should have been him who gave the final decision on whether to deploy tear gas.

Kenney, according to the controller's report, didn't even have the guts to talk to any of the controller's hired investigators.

"The Investigation Team requested to interview the Mayor, but he, through a representative, declined, offering instead to provide written responses to a pre-approved set of written questions," the controller's report says. 

"The Mayor did offer to sit for an interview if the questions were provided in advance and follow-up questions were submitted in writing. Under the constraints dictated, the Investigation Team did not proceed with an interview."

At the June 25th press conference, after he gave his mea culpa, former deputy police commissioner Wilson announced that for "violating the rules of engagement and the commissioner's trust, I'm going to take a voluntary demotion" to chief inspector. "Falling on the sword," was how Outlaw characterized the human sacrifice of Wilson.

But, as Big Trial has previously reported, before he decided to become the police department's official fall guy, Wilson had been threatened with arrest by cop-hating District Attorney Larry Krasner. 

The price for taking a voluntary demotion was an annual pay cut of about $30,000. But Wilson was worried about his pension; he was also enrolled in the DROP. Under the Deferred Retirement Option Plan, an employee's pension benefits are frozen the day he enrolls, and that employee is guaranteed to collect a six-figure cash bonus the day he walks out the door. 

In Wilson's case, regardless of the demotion and cut in pay, he would still get to retire in a couple of years with his full pension plus his DROP cash bonus of about $800,000. But if the D.A. indicted and convicted Wilson of a crime, Wilson risked losing his pension benefits.

The June 25th press conference was a grovel fest, featuring top city officials bowing before The New York Times, and pandering to the local Progressive press corps. 

At the press conference, Outlaw "humbly" apologized to the peaceful demonstrators and announced that she was "disgusted" and "sickened beyond description" by the horrors that she saw on a video posted by the Times.

"I'm as disturbed as the commissioner," Kenney agreed, before he silently watched the official scapegoating of Wilson for the teargassing. 

About the use of tear gas, the city controller's report says:

The Police Commissioner explained that although she did not believe that she needed authorization from the Mayor prior to approving use of CS gas, she nevertheless had consulted with the Mayor earlier that afternoon about its potential use. 

She chose to do so because when the Mayor interviewed her for the position, the Mayor indicated that he was aware that CS gas and other less-than-lethal munitions were used in Portland in response to protests.

He [Kenney] explained the Department historically did not utilize CS gas against large gatherings, and he personally opposed its use. Yet, when confronted with the potential use of CS gas in the unfolding unrest, the Mayor, while hesitant, ultimately supported its use if absolutely necessary. 

With this background, and observing the conditions on 52nd Street in real time, the Police Commissioner authorized the deployment of CS gas without further consulting the Mayor.

On the day of the Vine Street Expressway protests, according to the controller's report, Outlaw was right there at the scene:

Police Commissioner reported that as the crowd made its way onto the highway, she was parked on one of the overpasses above I-676. She stated that a Deputy Commissioner – the same Deputy Commissioner who sought and received from the Police Commissioner authorization to deploy CS gas the day earlier [on 52nd Street] – called her to discuss the situation on the highway. 

According to her, the two discussed the potential use of CS gas, however, she said that she directed him to call her before deploying it. Shortly thereafter, and although she had not given explicit approval, she recalled hearing that it had been deployed on the highway . . . 

The Police Commissioner reported directing a Deputy Commissioner to call her for authorization before deploying CS gas that afternoon. However, she too learned that the CS gas had been deployed in real time over police radio. According to the Police Commissioner, she did not authorize its use. 

The controller's report does call Outlaw out on one discrepancy over the use of tear gas, when Outlaw met with members of the police department's SWAT team:

Despite SWAT’s historical lack of involvement in the Department’s response to civil unrest and protests, it was staged in a location near the Convention Center in Center City on May 30th. 

Two City officials noted that the Police Commissioner made a request to the UCG [the city's Unified Command Group] that afternoon to use CS gas in response to the unrest that began in front of the MSB and devolved into mass looting in Center City. Both of these officials reported that the UCG quickly dismissed this request. 

The Commissioner does not recall making such a request, but does not deny that it occurred, noting that approval was not given, as CS gas was not used on the 30th. 

The city's Unified Command Group included top Kenney administration officials such as Outlaw, former city managing director Brian Abernathy, the fire commissioner, the mayor's chief of staff, and city solicitor, among others. 

The controller's report also details that top city officials waited until the day before the George Floyd protesters invaded Philadelphia to start planning on how to control the protests and riots that ensued.

Then Managing Director Brian Abernathy "did not believe that there was a way to plan for the type of unrest that the city experienced, despite a blueprint existing from past practices of the city," the controller's report states.

Abernathy, according to the controller, claimed that there was no way the "city could have prepared for the type of unrest" that the George Floyd protests/riots brought to town. "He [Abernathy] insisted that there was no way" to prepare and that the city "did its best while things were unfolding."

According to the controller's report, Outlaw was similarly clueless. 

"The Police Commissioner initially shared this view, testifying on October 20, 2020 before City Council that there was 'no playbook' or 'reference'" for the George Floyd riots. But during her interview with the controller, Outlaw "acknowledged that the City could have better planned for the events that occurred on May 30th."

The police commissioner also told the City Council that “was no specific intelligence, specific to Philadelphia,” the report says, that predicted "the unrest would be as violent and destructive as it was." But, the city controller's report says, the media had carried multiple reports about violence in Minneapolis, Los Angeles, Chicago and Memphis.

And Philadelphia did have intelligence that the George Floyd protests would have a "significant impact upon Philadelphia," the city controller's report states.

The city controller's report quotes one supervisor as saying, "There was enough intelligence throughout open source media on what was happening throughout the country regarding riots. The approach taken to planning for this detail completely underestimated what was going to happen and left us woefully underprepared. Had we been better prepared, we would not have lost the city the way we did."

"Another officer agreed with this assessment, noting under the 'planning' section of his after action report: 'Was there any? Department appeared completely unprepared, despite violent protests and rioting in Minneapolis, St. Paul, Portland, Seattle and Atlanta, prior to scheduled protest,'” the controller's report states.

And contrary to what Outlaw told the City Council, the city controller's report noted, the city did have a playbook for how to handle large gatherings. And that playbook was successfully deployed during Pope Francis's visit to the city in 2015, the Eagles Super Bowl victory parade in 2018. 

In addition, the police department had handled previous demonstrations that spread to Philadelphia over the 2014 death of Michael Brown in police custody in Ferguson, and the 2015 death of Freddie Gray in police custody in Baltimore.

The problem was Mayor Kenney had previously purged the police department of its former leadership that implemented the playbook, including former Police Commissioner Richard Ross, and Deputy Police Commissioner Joseph Sullivan. 

And Kenney replaced that leadership with Outlaw.

The city controller's report prompted the editorial board of The Philadelphia Inquirer today to demand that Mayor Kenney call on Outlaw to resign.

To which the First Street Journal humorously replied, "The Editors of The Philadelphia Inquirer blame the puppet, not the puppet master!"

Outlaw should resign. In a city that had 499 murders last year, and 47 murders over the first 28 days of this year, she is as clueless about how to stop the killing as she was about how to stop the riots, looting and arson fires that accompanied those peaceful protests.

As a low-profile and introverted West Coast native who is usually out of sight behind her desk, Outlaw has the completely wrong personality to deal with an in-your-face town like Philly. She also has completely mismanaged the police department from day one.

But her hire was a cynical political ploy that was all about the optics, and a woke mayor playing to the  holy trinity of Progressive Democratic cult values -- race, sex and diversity.

The failure of leadership involving the George Floyd riots can be directly blamed on Kenney's gutting of the Police Department's previous competent leadership, and the hiring of Outlaw.

It's all Kenney's fault. He's the one who should resign. But in a city that's been under one-party Democratic rule for the past 69 years, neither Kenney nor Outlaw is going any where.

At a press conference today, Outlaw told reporters that she had just got through conferring with the mayor and other top city officials, and that they had expressed their support for her to stay on as police commissioner.

"I have not been asked to resign nor will I resign due to the report's findings," she said.

She stated that although she appreciated the "thoroughness" of the controller's report, she insisted there was no "blue print" in the Philadelphia Police Department for how to handle protests on the magnitude of the George Floyd protests.

She also complained that it was "repugnant" for the controller to draw parallels to the 1985 MOVE bombing, which was the last time city police deployed tear gas on its own citizens.

We're all learning from our mistakes, Outlaw said. "We will weather this storm together and we will continue to work through this."

Then, she opened up the press conference to take questions from reporters, saying that she had plenty of time for it. 

But when Jeff Cole of Fox 29 asked whether Outlaw considered herself competent to continue to preside over the police department, she abruptly left the podium.


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