‘I have a plan to combat crime’

By : MARTHA DREYER DUPERRAY

martha@caribbeanbusinesspr.com; cbprdigital@gmail.com

Edition: June 6, 2013 | Volume: 41 | No: 21

However, there are obstacles that stand in the way

Not permitting police cars to flash their lights when cruising, yanking the Police Department out of the political sphere and into an independent situation, more use of unmarked cars and undercover agents, making informants truly nameless and invisible, and taking clues from jurisdictions, such as New York City, that have successfully fought and won the war on crime are just some of the plans being espoused by Police Superintendent Héctor M. Pesquera.

With some already in place, such as a written directive to officers to turn off their flashing blue lights other than when going to or actually at the scene of a crime, Pesquera knows how to solve Puerto Rico's burgeoning crime problems, but a heavy bureaucracy and lack of funding may derail his many good ideas.

"What could be a strong first step in saving us," he said in an extended interview, "is the U.S. Justice Department intervention set to begin later this month."

He noted that this intervention, which basically came about due to Puerto Rico's lack of action over the past years to correct various misdoings, could well be the best thing that has ever happened to the police on the island. "No federal judge nor anyone locally will be making the calls but a Justice Department judge, who will decide what is right or wrong. We never should have gotten to this point, but it may well be a blessing in disguise as we will have to finally do what a normal U.S. police department does."

Pesquera, who constantly refers to the need for him to think outside the box to solve the department's problems, said the first phase of the Justice Department intervention will cost $20 million and it could go on for a decade and run to some $600 million. He said similar U.S. mainland cases have all taken at least 10 years to resolve.

In terms of flashing lights on police cars, Pesquera said he has done everything he can, including a written directive to all police. "I fought the mayors and citizens in general who wanted them to remain. I even pull police cars over when I see them cruising with the lights flashing and ask them why they are doing it."

He said the written directive states that police flashing lights are only to be used at an activity where there is a police event occurring, so that both citizens and other police will know something is going on. Not only have the men and women on the force been advised of this policy, but Pesquera said he has also communicated with all colonels and commanders to stop it immediately.

"Imagine a tourist in [the Condado sector of San Juan] who sees all these flashing lights all the time, something they never see at home," he said. "They immediately assume something is wrong and that there are cops all over the place, which remains their first and last impression of us. This is spread when they get home by word of mouth and becomes an even bigger negative for Puerto Rico."

So how does he stop it? "Now that I have it on paper, firing someone who cruises with the flashing lights on seems to be the only way they will take note and listen. After all," he added, "I am fighting 60 years of cultural behavior on this one."

Queried about his thoughts on getting the Police Department out of the hands of the government and politics, Pesquera's reply was a terse, "Absolutely. One hundred percent." He added that for him, the main reason why Puerto Rico is at the point it is reflects that the Police Department is being handled as just another arm of the government. "And that doesn't work as we can clearly see."

He suggested that as part of removing the department from the central government, the superintendent be given a longer tenure. That would be a first step, and the next would be that the government and politicians be prohibited from meddling in police affairs, he said. The main problem, though, as Pesquera sees it, is that people in Puerto Rico don't have a strong desire to see such a plan succeed. "My biggest problem here has been learning to see things from that perspective," he added.

Another problem is money…not only the lack of it, but also how it is handled in terms of the Police Department.

"This year, I have a budget for the department of $840 million, but no money is available or on hand. If I want some of our money, I first have to ask the OMB [Office of Management & Budget] and if they say yes, the request then has to go to the Treasury Department. If they approve it, I then go to the ASG [Spanish initials for the General Services Administration] for it. The system in place is ass backward," he added.

Pesquera noted that if a business or corporation the size of the 16,000- plus Police Department had to operate in this manner, it would go bankrupt very quickly. "To give you an example," he added, "last week I had 868 parked patrol cars each needing something such as tires or other small items, yet nothing could be done until the money was requested, and it went through the channels I just listed.

"In a system such as the one that is in place," he added, "you are always, always behind. The funds aren't dispersed based on need, but on what they decide to give and when."

In terms of modern technology, Pesquera is the first to admit he is no techie but grasps the need for the Police Department to come of age within the new world order of communications. "Forget thinking outside the box in this area," he commented, "we haven't even thought inside the box so far."

He said the Police Department has no database to speak of. "There is not one single file on any person, and internally it is a mess. A patient in this condition is put in an ICU [intensive- care unit] to stabilize him, but he is so bad you can't treat him. And that is where we are.

"Everything breaks down to money, money, money," Pesquera noted, "but all you can do is keep trying. And, as I said earlier, hopefully this Justice Department situation will result in change."

And what would he do if he could get his hands on some money?

"I would get it moving out immediately. The more than 16,000 members of the force are the most neglected of everyone in government. No Social Security, no sick leave, no overtime," he said. "The question is how do I move this monster forward? The only people I can bring in to try to set up systems have to be low-paid due to lack of funds and, in this sort of thing, cheap is very expensive in the long run. You get what you pay for," he added. "I currently have 16 of what are called [people of trust] who are paid for by other agencies. In other words, there is no civil service within the Police Department."

Pesquera explained that on the U.S. mainland, police can be sent to other jurisdictions to learn what they need to know at no cost. "But I have nowhere to send anyone on the island," he said. "I'm still not quite sure how to do everything that needs doing, but I won't give up."

He said that when he arrived at the Police Department early last year, there were 7,000 cases pending at the department's legal division, which he has been able to lower to 3,000 waiting to be adjudicated. "I meet every Monday to adjudicate more cases and get them off the books. There were no consequences of not acting before, so institutionally this was allowed to happen," he explained.

He added that when he started out, there were another 4,000 cases pending internal investigation, which he has been able to cut to some 670.

As part of his thinking outside the box, Pesquera has taken advantage of the fact that in Puerto Rico, you can donate to the Police Department in exchange for tax credits. One major car dealer, Alberic Colón, agreed to his request for five, fully equipped police cars valued at a total of some $150,000, for a 150% tax credit. But the tax credit still hasn't come through.

Another idea he had as part of his thinking outside the box was to contact Dell—the second-largest company of its type—and offer them a tax credit and the opportunity to advertise worldwide that they were the sole technology supplier to the Puerto Rico police force. "We are still waiting for approval of the tax credit," he bemoaned. Pesquera also approached Nike with a similar deal for clothing, but nothing has happened yet, he said.

"You feel like you are in handcuffs. I know I am because they are so tight, I can feel them all the way down to my bones," the superintendent commented.

Asked about his feelings on a measure being discussed to lower the percentage of alcohol drivers can have in their blood, Pesquera said he is in favor of whatever can be done to save lives. "If we can save 10 or five or even one life, let's do it, although speeding is the cause of most highway deaths rather than just drinking."

On the subject of drugs and the fact that 70% to 80% of those that enter the U.S. eastern seaboard do so via Puerto Rico, he noted that he is dealing with very big business in the three major South American countries exporting the drugs, as none of it originates here and all comes in by air or sea. "They have no competition, certainly don't drive it over and have no handcuffs on them, making it extremely difficult for us to deal with," Pesquera noted.

He said he met with Homeland Security Director Janet Napolitano, who he described as a no-nonsense lady who does what she says. Understanding that Puerto Rico alone can't protect its 300 miles of coast, she promised her help, he said, adding though, that she has been stymied by the federal sequestration, but that help will ultimately be coming from the federal government.

In terms of the local drug problem, Pesquera said he could eliminate all drug sales points on the island in one week. But that won't stop the problem, he said. "This is a big money- making business and, be it legal or illegal, businesses operate by supply and demand. And the demand is there.

"The question is," he asked, "what are we doing with the users? Where are the parents, the parks, the after-school programs and the like? It's like murder. By the time it gets to the police, it's a done deal." And, he admitted, there is no question that drugs do contribute a large percentage to the murder rate on the island.

"Look at New York City," he said, noting that before putting successful plans in place, "it had 2,800 murders a year. Today, that figure is 300. It can be done and has to be done here."

He said there has to be a concerted effort to break the problem down into small pieces as was done in New York. If there are 300 pieces, work on five to start, he counseled.

On the matter of people being able to alert police about situations and yet maintain their identity secret, Pesquera said he plans to announce at the end of this month a new program involving 9-1-1 and Basta Ya Puerto Rico, which will allow people with cellphones to transmit information with no trace of who they are or the number from which they are calling. "There is a tremendous lack of trust in stepping forward, which will take years to change," he said, "but we are doing something similar to Crime Busters, where the [people] calling will receive a pin number and if their tip leads to solving a crime, they will be able to go to Banco Popular with a pin number and, with no ID required, get their reward."

As part of his hopes to improve the local police and crime situation, Pesquera proudly points to the fact that Puerto Rico has just been accepted into the International Association of Chiefs of Police (IACP), whose president is coming here later this month. He said this is the most important venue within the ranks of the 50 chiefs of police on the U.S. mainland and one that he sees as providing needed training for those on the force.

"We stand alone here and have to be self-sufficient. On the mainland, the IACP provides leadership and other training free of cost, and we will be included. I just have to pay the airfare and they will teach, feed, house and train our people at no cost," he explained.

Despite his enthusiasm, Pesquera does admit that the system is broken. And broken badly.

One way to start cleaning up the force, he said, will be to put the bad apples in prison, which he plans to begin doing shortly. "We won't tolerate any corruption in this department," he said, adding that should there be any incidences of domestic violence or lying under oath, the offending department member will be immediately fired.

Pesquera said he believes it is crucial to recognize and articulate the negative and be truthful at all times, or it has no chance of becoming a positive.

"I think we can change and move forward, but the will of the people has to be there as well. We are all in this boat together, but I question whether, as a society, we have this will or not. The problem is us, us, us, and everyone can be—and must be—part of the solution."

And an example he pointed to is how businesspeople can help. "As I mentioned, our men and women have no Social Security, and I am trying to build up a foundation that is tax-exempt to assure there is at least money for sickness, funerals, etc. New York does it and we can do it, too," he said.

"The crime in Puerto Rico is society's problem and we all have to help. But I don't know if people are getting the message," he said. "Until people are willing to take a stand, we will be doomed to continuing to live in our cocoons. After all, there are more of us than there are of them, but we are silent.

"Can it be done? Yes," said Pesquera, adding it will take a long time, though. And will he be here to see it done? "No. I see this as an important and necessary challenge on the island where I was born, but I have a life that eventually I will return to, with a wife, children, grandchildren and my dog. You must work based on your heart and guts, but I also have to come to grips with the fact I am 66 years old and these so very important changes and improvements are going to take quite a long time," he said.

Who is Héctor M. Pesquera?

Héctor M. Pesquera, Puerto Rico Police superintendent and commissioner of Safety & Public Protection, served for 27 years in the Federal Bureau of Investigation (FBI) until his retirement in 2003. He then served as Homeland Security coordinator for the Broward County (Fla.) Sheriff's Office from 2003 to 2008, and as assistant director of Safety Affairs at the Port of Miami from 2008 to 2012.

April 9, 2012 - Present
Superintendent of Puerto Rico Police Department and Commissioner of Safety & Public Protection

May 2008 - April 2012
Assistant Director of Safety Affairs, Port of Miami

Dec. 2003 - May 2008
Coordinator for Homeland Security, Broward County Sheriff's Office

Feb. 1998 - Dec. 2003Special Agent in Charge, FBI Miami Division

Dec. 1995 - Feb. 1998
Special Agent in Charge, FBI Puerto Rico Office

1976 - 1995
Special Agent, FBI