Text of letter mailed to LAPD Cammander Paniccia
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HAL NETKIN, COMMUNITY ACTIVIST
POB 3465, Van Nuys, CA 91407
November 7, 2001
Commander Valentino Paniccia
LAPD Valley Bureau
6240 Sylmar Avenue
Van Nuys, CA 9140
Dear Commander Paniccia:
Thank you for addressing my question regarding Special Order 40 at the Town Hall Meeting which discussed Los Angeles' preparedness for terrorism, at San Fernando High school on Tuesday night, November 6, 2001, sponsored by Zev Yaroslavski and Sheriff Lee Baca.
SUMMARIZING: I commented that I was glad that the LAPD was prepared for a terrorist attack, but wanted to know why Special Order 40, which I said mandated non-cooperation with the INS, was not repealed as a preventative and deterrent measure to potential terrorists.
You answered by saying that the LAPD does cooperate with the INS. This was shocking news to me, as I have never in my 11 years as a Van Nuys block captain and crime fighting activist, ever seen, read about, heard about, or witnessed any case of the LAPD cooperating with the INS to apprehend illegal aliens. Moreover, you were wrong to say that there was nothing in the mandate that said anything about not cooperating with the INS. Here is the EXACT wording of Special Order 40:
"...no officer of the Los Angeles Police Department shall cooperate with the Immigration and Naturalization Service to: inquire into the immigration status of an individual, EXCEPT AND Unless (underlined in the text) required by city, county, state or federal law to inquire into the immigration status of an individual seeking LAPD employment."
Backing up my findings on Special Order 40, was an article in today's Daily News ("Hahn: Let Mexicans stay here," November 7, 200l) in which retired border patrol official Bill King criticized an alleged lack of support from the Los Angeles Police Department and other local law enforcement agencies stating that since 1979, the LAPD has banned cooperation with federal immigration officials under the city's Special Order 40.
When we spoke informally at the end of the meeting, you said that once an LAPD officer arrests someone for probable cause of any misdemeanor or felony, that the culprit's immigration status will then be asked. When I said that I went on two ride-alongs to bust illegal vendors, the vendors, who do not carry IDs, were not arrested even though there was probable cause (illegal vending) -- nor were they cited because LAPD does not cite illegal vendors when they do not have IDs. You then said that illegal vending is an infraction and that you don't arrest those who are charged with infractions. Again you were wrong. Illegal vending is a misdemeanor! Check it out.
Keep this in mind: If the hundreds of illegal alien day laborers and vendors who we see daily on our San Fernando Valley boulevards can so easily and illegally cross our border to illegally solicit their products and services with total impunity (thanks to the LAPD), so can Islamic terrorists! You had better believe that terrorists have studied the vulnerability of the LAPD. Unless Special Order 40 is repealed and the LAPD actively cooperates with the INS, you can expect future acts of terrorism.
It is very dismaying to me that as a high ranking LAPD officer, you would so reassuringly misinform two thousand town hall participants. Because of the misinformation you have disseminated, I am compelled to counter with the truth by making this letter open to the public.
Respectfully,
Hal Netkin
P.S. If you have any information that Special Order 40 has been changed or modified since first mandated in 1979, please let me know.
CC (some by email): Supervisor Yaroslavski, Sheriff Baca, Chief Parks, Mayor Hahn, City Atty Delgadillo, Captain McNamara, Councilwoman Miscikowski, city council members, Police Protective League, other unnamed recipients, Daily News, and posted to www.MayorNo.com.
Special hand written stick-on note accompanied copy to Zev Yaroslavski:
"Zev: your P.C. showed when you ingratiated with a Spanish Speaker allowing her to ask 2 lengthy questions & interacted with her, while you rudely cut me off."
Hal Netkin
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On the morning of Tuesday, Novermber 13, 2001, Commander Paniccia's telephoned me steaming mad. The letter to him below explains it.
HAL NETKIN, COMMUNITY ACTIVIST
POB 3465, Van Nuys, CA 91407
November 13, 2001
Commander Valentino Paniccia
LAPD Valley Bureau
6240 Sylmar Avenue
Van Nuys, CA 9140
RE: Phone call of November 13, 2001, 9:50 AM, Paniccia to Netkin
SUB: Special Order 40
REF: Open Letter of November 7, 2001, Netkin to Paniccia
Dear Commander Paniccia:
You called me and started our phone conversation by saying in an angry manner, that the information in the above referenced letter was untrue. Rather than a good faith discussion to discuss what I see as a legitimate concern about the danger of terrorist infiltration in Los Angeles, you focused on what might be my personal motives.
Since your phone call to me was official, I have below paraphrased the gist of the phone conversation for public record.
PANICCIA: The information in your letter is untrue.
NETKIN: The excerpt from the Special Order 40 mandate is verbatim. What part of it is untrue?
PANICCIA: [buck pass -- won't answer question] Talk to the city council about it, we do what they tell us to do.
NETKIN: What is untrue about my statement that the LAPD does not cooperate with the INS?
PANICCIA: [buck pass -- won't answer question] Talk to the federal government about closing the border, then you wouldn't have the problem of illegal vendors.
NETKIN: What does closing the border have to do with enforcing the law [and guarding Los Angeles' citizenry]?
PANICCIA: [answers with usual conjectural veiled innuendo that I am a racist] You just don't like Mexicans.
NETKIN: For your information, I am married to a woman from Mexico and we are petitioning for two of my brothers-in-law. But whether or not I like Mexicans is irrelevant to the LAPD's enforcement of the law. You should be concerned about my legitimate concern about terrorist infiltration -- like terrorists masquerading as illegal vendors and distributing poisoned or diseased food to the public.
PANICCIA: We investigate situations where there is probable cause to believe someone might be a terrorist.
NETKIN: You mean that if a vendor had a Middle East appearance and didn't speak Spanish then you would be suspicious? Wouldn't that be profiling?
PANICCIA: We don't profile.
NETKIN: So then why don't you treat all illegal vendors who cannot produce an identification, as possible terrorists?
PANICCIA: [buck pass -- won't answer question] Talk to the city council about it, we do what they tell us to do.
NETKIN: Why don't you enforce the law against using false documents?
PANICCIA: We do. Just last month, we busted a false document distributor.
NETKIN: I'm talking about individuals who are caught with one or more false documents.
PANICCIA: We arrest them too.
NETKIN: I challenge you to produce one case of an arrest in the last year of a person who was caught with a false ID.
PANICCIA: [buck pass -- won't answer question] Talk to the city council about it, we do what they tell us to do.
NETKIN: Don't you and your leadership influence what the council does regarding police policy?
PANICCIA: No, we don't get politically involved.
The above conversation was recycled over and over -- we didn't get anywhere.
For your information Commander Paniccia, Special Order 40 was actually initiated by former Chief Darryl Gates, not the city council -- albeit, the city council had gleefully approved the mandate. If Chief Gates was instrumental to the implementation of Special Order 40, then Chief Parks ought to be able to be instrumental in repealing it. And if I held your rank in the LAPD, I would make my voice heard on this issue for the sake of those you are supposed to protect.
Whether or not I am exploiting the 911 WTC disaster for another agenda may be an interesting question, but it is irrelevant to you doing your job of enforcing the law -- and that starts with being honest about what you tell the public about Special Order 40 which not only protects Islamic terrorists, but also protects other kinds of terrorists -- illegal alien criminal gang members. I stand on my statement that you disseminated misinformation to 2000 town hall participants.
The enclosed photo was taken today. The individual vendor stationed himself at the Southeast corner of Vesper and Kittridge in Van Nuys -- 1/2 block from my house. Illegal street and sidewalk vending is a misdemeanor and is clearly probable cause to question a violator. And just as you do complete "makes" on people for the most minor infraction, you are justified in questioning someone who is suspected of committing a misdemeaner as to their immigration status -- that would be cooperating with the INS. Numerous LAPD patrol cars passed the location and did not pro-actively investigate or cite the vendor. I cannot say for certain if the vendor is an illegal alien, but you cannot say for certain that he is not a terrorist. The only way to find out, is to investigate -- that is your job. So do your job!
Respectfully,
Hal Netkin
CC (some by email): Supervisor Yaroslavski, Sheriff Baca, Chief Parks, Mayor Hahn, City Atty Delgadillo, Captain McNamara, Councilwoman Miscikowski, city council members, Police Protective League, other unnamed recipients, Daily News, and posted to www.MayorNo.com.
