Court to Unseal Documents in Racist Omaha DNA Dragnet Sweep of Black Men

From May to June Omaha Police went to the homes of at least 36 to 40  Black men, between the ages of 20 and 40, and asked for DNA samples via mouth swabs. Police said the DNA tests were needed to aid in the investigation of four rapes over the last two years. The perpetrator was described in over broad terms as "black, 25 to 40 years old, 5-foot-3 to 5-foot-9 inches tall, stocky with a large stomach and weighing 175 to 250 pounds. This "dragnet sweep" of Black men enraged the African American community. Some of the men, such as defense attorney Bill Gallup's client, who asked to remain anonymous, involuntarily provided DNA. Gallup's client said he gave a DNA sample even after he'd been exonerated of the rapes because police handcuffed him and forced him to. Apparently most of the men targeted for the DNA worked at the Omaha Public Power Company.

Yesterday  the company said it was threatened by police to provide the men's names.  The Omaha Police subpoenaed OPPD asking for the: "Names, addresses, and pictures of all African American OPPD employees between the age of 18 and 40". OPPD attorney Steve Bruckner claimed OPPD challenged the subpoena for two months, saying law enforcement had no right to employee records. He said the Omaha police threatened to get a search warrant. The Omaha Police served a search warrant on the Company identifying 84 male employees. This search warrant was under seal, unavailable to the public until yesterday. A judge said Thursday that the order and affidavits that led to the order Omaha police used to collect DNA samples should be unsealed.

State Sen. Ernie Chamber accuses OPPD of selling out its employees to police investigators. He contends that OPPD eagerly complied with police and "ratted out" African American employees. "They didn't procure that information pursuant to a search warrant.  OPPD gave it to them," Chambers said on the tape. To bolster his argument, Chambers has produced an audiotape of an interview he made with two lawyers for the power district. On the tape, company attorney Steve Bruckner agrees to disclose how Omaha police got a list of OPPD employees that might fit the description of a serial rapist wanted in Omaha. Bruckner said it started with the subpoena on April 20. "Everything had kind of broken loose," Bruckner said on the tape.  "And they're just climbing all over OPPD over, 'Why haven't you produced those records?'" Bruckner said police threatened to get a search warrant:
"We're gonna come into your HR department and we're gonna start grabbing files and hard drives," Bruckner said, recounting the conversation with police.

Bruckner admits that OPPD handed over the list of employees without seeing an affidavit that backed up the search warrant.

"Did OPPD ever think about resisting the search warrant?" Chambers asked on the tape.

"OPPD's view really was, we had no choice but to comply.  So the decision was made we had no choice," Bruckner responded. "Did OPPD ever think about resisting the search warrant?" Chambers asked on the tape.

Bruckner took issue with Chambers' view. "We don't want you rooting around these records because that, in our judgment, was -- we're exposing a whole lot more than what they're asking.  This was not in any way voluntarily," Bruckner said. "Would it have been better in your opinion to allow the police to seize all the employee records?"

Chambers responded, "Yes.  It would've showed them how wrong they were and you'd of had cops fired and judges' heads rolling.  And then this would've been brought out into the public for what it was." Again Bruckner said that in the heat of the moment, the company chose the lesser of two evils and prevented disruption. [more ] and [more ] and [more ]

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