Tuesday, June 26, 2018

Washington State Patrol Trooper Flying a Confederate Flag by His Official Vehicle


A Washington State Patrol trooper who flew a Confederate flag at his Silverdale home with his official vehicle parked underneath in view of neighbors took the flag down after his supervisors were tipped off by a public records request from the Kitsap Sun.

Trooper James Manning claimed he inherited the flag from his grandfather and further claimed he was not aware of the "implications" of such a symbol, State Patrol spokesman Kyle Moore said.
Manning, who has been with the State Patrol since at least 2002, did not return a message left Wednesday with State Patrol dispatchers seeking comment.

The Confederate flag is so inflammatory that simply flying it on private property or being photographed wearing Confederate flag boxers has resulted in the firing of law enforcement officers from their jobs in other states. Moore said the State Patrol was not investigating the matter as misconduct because Manning took down the flag and no official complaint was lodged.

The flag could still affect Manning's ability to do his job, however. A local defense attorney said if Manning investigated a person of color, the attorney would try to use the photo at trial to impugn Manning’s credibility in front of jurors. The attorney cited two court cases — one from federal court in 2001 that found that it is reasonable to view the flag as a racist symbol.

“If I ever have a trial with this trooper that involves a minority defendant, I will move to admit the photograph as a racist act under rules that allow defendants to explore bias of those that testify against them,” attorney Adrian Pimentel wrote in an email to the Kitsap Sun. “There is considerable persuasive authority for admission of this photograph. Courts have consistently held that the Confederate flag is legitimately viewed as a symbol of white supremacy.”  (KENS5 News, June 25, 2018)
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There is no indication that the WSP Trooper advocated any type of racist ideology or white supremacy. Some believe the flag can be viewed as a symbol of pride for living in the American South or as a symbol of nonconformity or rebellion. The WSP Trooper had an ancestor who fought in the Civil War. To the Trooper, he was honoring his family and history, he had no ill intent.

The idea that a defense attorney would use this photo / incident to create false allegations against the WSP Trooper to defend a minority defendant, or would draw out an investigation based on clearly false allegations, is far more concerning than any possibly poor judgment displayed by the Trooper who flew this flag outside his home.

 
 
 

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