Updated: 5:26 p.m., Wednesday, June 16, 2021
Cleveland鈥檚 police monitor, Hassan Aden, has forced the departure of Case Western Reserve University law professor Ayesha Bell Hardaway from her position as one of two deputy monitors.
Hardaway was involved in reviewing new policies created by Cleveland police to comply with the U.S. Department of Justice consent decree. She had a role in recommending changes before those policies and trainings went in front of U.S. District Judge Solomon Oliver for final approval.
Hardaway joined the monitoring team in 2015 and was made deputy monitor when Aden took over from the original monitor, Matthew Barge, in 2019.
Without Hardaway in that position, with the federal consent decree. Charles See and Timothy Tramble remain on the monitoring team, but their focus is on engaging with the public, not compliance.
鈥淚t鈥檚 a huge loss,鈥 Black Lives Matter Cleveland co-founder Kareem Henton said. 鈥淧rof. Hardaway has been the one that has really been fighting hard to keep them on task.鈥
Henton said Hardaway鈥檚 departure reinforces the impression among community activists that opponents of the consent decree are seeking to derail the process. Placing someone new in Hardaway鈥檚 role will be seen as a victory for those opponents, he said.
鈥淚t just gives the city and law enforcement a very unfair advantage. And it鈥檚 obvious it鈥檚 a part of the overall campaign to avoid accountability,鈥 Henton said.
The U.S. Department of Justice鈥檚 highest ranking official in Northeast Ohio echoed Henton.
On Wednesday, the Acting U.S. Attorney Bridget Breenan released a statement describing Hardaway as an integral part of the police reform process in Cleveland.
鈥淗er presence on the Monitoring Team facilitated the progress and successes we have seen to date, and we were disappointed to learn of her resignation,鈥 Brennan said.
Pressure on the 2015 consent decree is coming from multiple fronts in the final year before the city may seek to end it. Cleveland Community Police Commission Co-chairman Lewis Katz said Tuesday that Hardaway鈥檚 departure will slow down a process that already has problems.
鈥淎nd losing her will make it worse,鈥 Katz said. 鈥淪he was their expert on Fourth Amendment issues such as racial profiling, use of force and other areas affected by constitutional criminal law.鈥
Neither the monitoring team nor the city of Cleveland responded to 海角破解版鈥檚 requests for comment.
In a letter Hardaway sent to Aden Monday, which was obtained by Ideastream, she lays out the events that led to her departure.
Following her April appearance on Ideastream鈥檚 鈥淪ound of Ideas鈥 radio program, where the topic was the Derek Chauvin trial in Minneapolis and police reform nationwide, Cleveland officials raised questions about Hardaway鈥檚 objectivity.
Hardaway told Ideastream Tuesday that her comments on 鈥淪ound of Ideas鈥 were focused on the need for reform in American policing, not Cleveland police or her work with the monitoring team in Cleveland.
鈥淎nd the fact that that somehow makes me unqualified, despite all my other qualifications, to be involved in this work really concerns me about the level of fidelity and rigor that this process is going to go under moving forward,鈥 Hardaway said.
After the concerns were brought to her in May, Hardaway sought a meeting with city officials. Her request was denied by the monitor.
In the letter, Hardaway said Aden instead gave her two options: leave the monitoring team or move into a role focused on community engagement, with no involvement in assessing the city鈥檚 compliance with the consent decree.
Hardaway chose to leave.
鈥淎ny acquiescence on my part to limit my engagement on the Monitoring Team to community issues that do not involve assessing compliance would give these baseless attacks on my professional objectivity unmerited credence,鈥 Hardaway wrote to Aden. 鈥淵ou and I both understand that removing me from the substantive compliance work of this project is, in fact, removing me from the team.鈥
Hardaway said she was first made aware of the concerns about her objectivity in May, but there鈥檚 been 鈥渉ostility鈥 from the city since she was appointed deputy monitor in 2019.
鈥淔rom Greg White [consent decree coordinator] with the city of Cleveland, to be specific,鈥 Hardaway told Ideastream Tuesday. White called her shortly after she was made deputy monitor, 鈥渁nd said, 鈥業 want to tell you to your face what I鈥檝e been saying behind your back. You鈥檙e too much of an advocate for the community and the [ Cleveland Community Police Commission]. I don鈥檛 think you should be in this role.鈥欌
White did not respond to a request for comment for this story about his views on Hardaway.
In addition to Hardaway鈥檚 forced departure, the Cleveland Police Patrolmen鈥檚 Association earlier this month publicly called for an end to the consent decree. The union also called for the dismissal of Public Safety Director Karrie Howard after he handed down a series of disciplinary actions.
Howard was named safety director following the monitor鈥檚 criticism of lax disciplinary actions taken by his predecessor, Michael McGrath, in a court filing.
But Hardaway said the time is not right to end the consent decree.
鈥淭here鈥檚 still a lot of work to be done,鈥 she said.
鈥淭here鈥檚 no inspector general in place. There鈥檚 questions around the integrity or the ability of the internal affairs division to do what it needs to do, as required by the consent decree,鈥 Hardaway said, adding the monitor also still has to assess the city鈥檚 community engagement and evaluate the department鈥檚 use of force review process.