By Elizabeth Zuckerman, The Associated Press
PROVIDENCE, R.I. (AP) - A federal jury on Friday found that a driver’s race was not a factor in a Scituate police officer’s decision to stop the man on Plainfield Pike in May 2001.
Jean Phillipe Barros, who’s of Cape Verdean descent, claimed his constitutional rights were violated when Officer Kevin Pendergast pulled him over in Scituate.
The U.S. District Court jury disagreed, saying Pendergast did not violate the man’s rights to equal protection and to freedom from unreasonable seizure.
The trial came as police departments statewide digest the results of a two-year study that showed nonwhite drivers were stopped in disproportionate numbers compared to whites. The report also concluded that police searched nonwhite drivers two to two and a half times more often than whites. The General Assembly ordered the study by passing the Rhode Island Traffic Stop Statistics Act in July 2000. The final report was released in June 2003, but lawmakers have called for another year of results.
Barros’ lawyer, Thomas Briody, said Pendergast should have let his client go after the officer realized Barros had out-of-state license plates, and did not need a Rhode Island inspection sticker. Pendergast said he stopped Barros because he saw the sticker was missing.
“He may have noticed there was not an inspection sticker, but that’s not the reason he decided to stop that car, at least that’s not the only reason. That’s the excuse,” Briody said.
Mark DeSisto, representing Pendergast, said the officer did not realize until after the stop that Barros had Missouri license plates and therefore didn’t need the sticker.
He told jurors if they ruled against Pendergast, they would “be labeling this officer as someone who’s motivated by racial bias.”
Pendergast testified he did not realize Barros, who has dark skin, was black. On a data form officers must fill out as part of the state’s study of racial profiling, the officer indicated Barros appeared to be a white Hispanic.
Briody said it was difficult to believe that Pendergast noticed the lack of an inspection sticker, but not the plate or the race and gender of the driver. He also said once Pendergast realized he was wrong to have stopped Barros, he should not have apologized and released Barros, not asked for his license, registration and insurance information, and then ticketed him for not producing some of the paperwork.
During the trial, U.S. District Judge Mary Lisi ruled that the jury could not be asked to decide on whether Pendergast violated Barros’ rights with his actions after the stop, only whether the stop itself was a violation. The judge said that was because the law is unclear as to what an officer should do after his reason for a traffic stop disappears, as Pendergast’s did when he realized the car was from out of state.
The eight-member jury deliberated for just over an hour before returning its verdict.
Barros left the courthouse quickly after the verdict. Briody said he was uncertain if his client would appeal and said he would have to discuss the possibility with Barros.
“I’m quite certain he is terribly disappointed,” Briody said.
Pendergast said only, “I’m happy,” before departing with his attorney.