By Kevin Osborne

The Cincinnati Post

CINCINNATI | Less than halfway through a five-year review, Mayor Charlie Luken believes Cincinnati police have made enough progress on reforms to be released early from a deal with the U.S. Justice Department.

Luken has written to U.S. Attorney General John Ashcroft asking that the city be released from an agreement signed in spring 2002. The city is in the 28th month of the 60-month review period.

A local civil rights activist and an attorney for the American Civil Liberties Union criticized Luken's action as premature, adding that his claims are delusional.

Luken's request, made Tuesday, only concerns the deal with the Justice Department, known as the memorandum of agreement or MOA, which reviewed dozens of police procedures and suggested changes.

It doesn't involve the separate settlement of a racial profiling lawsuit against police, known as the collaborative agreement, which focuses on improving police-community relations and changing how officers interact with residents.

Luken asked for the Justice Department review after a white officer shot and killed Timothy Thomas, who was unarmed, during a foot pursuit in April 2001. The shooting of Thomas, a black man wanted for various misdemeanors, sparked three nights of rioting.

In his letter, Luken wrote, "The police department has aggressively pursued the stated goals of the agreement, which are to minimize the risk of excessive use of force by Cincinnati police officers and to promote police integrity." He praised police for making improvements to use-of-force procedures, including using Tasers instead of more dangerous chemical irritant spray.

Scott Greenwood, an ACLU attorney involved with negotiations that led to the collaborative and MOA deals, said the police department still has work to do.

"This request is really misguided and delusional," he said. "It's kind of like dropping out of high school at the ninth grade. There are clear objectives and clear goals we haven't achieved yet."

Greenwood said that use-of-force issues remain a concern.

"Tasers are not a panacea," he said.

The Rev. Damon Lynch III, a local civil rights activist who helped negotiate the collaborative agreement, said Luken's action jeopardizes both deals.

"The mayor's request is premature bordering on ridiculous," Lynch said.

"The reason the agreement is for five years is it allows police to show over a course of time that they can act responsibly to African-American citizens in this community and are committed to good behavior."