Atlanta Citizen Review Board voices alarm as detainee access blocked

ATLANTA - The Atlanta Citizen Review Board, meant to hold police officers accountable, is running into a major issue.

The board’s executive director told council members they no longer have access to detainees at the jail, despite 15 years without any problems. They see this as the beginning of a dangerous path.

During the citizens review board’s quarterly briefing Monday afternoon, Executive Director Samuel Reid spoke up after he claims the Fulton County Sheriff’s Office denied investigators access to interview Atlanta City Jail inmates without a court order or attorney. He says the sudden change from the sheriff’s office has sparked concerns over transparency.

"We don’t want to see Atlanta like other places…that was our motivation to bring this up today," Reid said at the meeting.

Members of the Atlanta Citizen Review Board, tasked with investigating complaints against Atlanta police and corrections officers, sounded the alarm on accountability at the sheriff’s office.

"We’re all concerned for transparency and the ability for citizens to have their complaints addressed," Reid said.

This, after Reid said his investigators were told they couldn’t interview four complainants at the Atlanta City Jail and informed for the first time in more than a decade they’d need to take the extra step of getting a court order or "OK" from a complainant’s attorney to do so.

"We’re still trying to figure out what made that change occur," Reid said.

In a letter sent to Fulton County Sheriff Pat Labat last week, the board called the change "troubling".

Sheriff Labat rebutted saying the policy change was the county attorney’s call and a matter of protecting the rights of inmates whose attorneys complained about not being notified.

A statement from the sheriff’s office reads:

"Contrary to the Atlanta Citizen’s Review Board’s (ACRB) allegations, the FCSO has not interfered with their ability to interview Fulton County inmates. Rather, upon receiving one unannounced visit from an ACRB investigator, and because jail staff was not familiar with the individual, jail staff informed the investigator that access would be granted when the ACRB coordinated their interviews with the subject inmate’s criminal defense attorney. Like everyone, Fulton County inmates have constitutional rights against self-incrimination, which Sheriff Labat seeks to uphold.

"To remove any possibility of violation of these fundamental rights, Sheriff Labat’s staff requested that the investigators facilitate their interviews in a manner that guaranteed the preservation of those rights. Thereafter, ACRB made no attempt to contact the Sheriff’s Office. At no time was the ACRB denied access to Fulton County inmates. Any and all representations to the contrary, are disingenuous at best."

Sheriff Labat told council members the decision is out of his hands but that the sheriff’s office remains committed to transparency.

He did tell council members he’d look into those four cases and report back on where the issue might have been.

In a letter dated on Tuesday and addressed to the chair of the ACRB, the sheriff writes:

"The Fulton County Sheriff’s Office (FCSO) remains committed to transparency and can assure the Atlanta Citizen’s Review Board (ACRB) that FCSO has not interfered with its ability to interview Fulton County inmates. 

"The facts regarding this inquiry involve an ACRB investigator making one unannounced visit. Because jail staff was not familiar with the individual, jail staff informed the investigator that access would be granted once the ACRB coordinated it interviews with the subject inmate’s criminal defense attorney. Like everyone, Fulton County inmates have constitutional rights against self-incrimination, which Sheriff Labat seeks to uphold. To remove any possible violation of these fundamental rights, Sheriff Labat’s staff requested that investigators facilitate interviews in a manner that guarantees the preservation of those rights. 

"Thereafter, ACRB made no attempt to contact the Sheriff’s Office. At no time was the ACRB denied access to Fulton County inmates. Any and all representations to the contrary are disingenuous at best."

In a follow-up statement that same day, the ACRB says they had not yet received the original letter, but had read a copy released to the media. They responded writing in part:

"The narrative that Sheriff Labat is now providing to the public and the media is FALSE and is an attempt to undermine the agency’s integrity. The ACRB does not conduct unannounced visits to jail facilities and did not attempt an unannounced visit as referenced in Sheriff Labat’s letter. The work of the ACRB is too serious to be embroiled in playing games that impact our ability to serve the citizens of Atlanta with the best civilian oversight. Officer accountability and transparency is a serious issue that requires serious leaders to address citizens’ concerns. Any impediments, interference, or obstruction is counter to the spirit of justice, fairness, and transparency."