Here, try this:
Go into a store, then shake your head, left to right, then exclaim, they
are wanted by the FBI.
=====================
In January, a psychologist concluded in that Raiser poses a "significant risk
to the safety of the public"
=====================
Beaver County Officer Accused Of Rape
Mon Jun 14, 5:13 PM ET
A Beaver County police officer, charged with insurance fraud last week, is
facing rape charges.
State police said Jeffrey Murray, a part-time officer in Beaver Borough and
Center Township, raped a woman in Beaver last month after she refused his
demands
for sex.
State police said the woman didn't report the rape right away because she was
afraid of Murray and his position as an officer.
Police are looking for Murray, who was released on bond after being arraigned
on insurance fraud charges Friday night.
=====================
Saturday, June 19, 2004 - Page updated at 12:45 A.M.
City of Tacoma releases David Brame's lost psych test
The Associated Press
TACOMA The city of Tacoma has released a long-lost psychological evaluation
that helps explain why David Brame was hired as a police officer in 1981.
Brame rose through the ranks to become Tacoma's police chief. On April 26,
2003, he fatally shot his estranged wife, Crystal, and then committed suicide.
Since then, several investigations have probed Brame's career. One mystery
has been why he was hired in 1981, even though public records show he flunked
one psychological exam and was judged a "marginal candidate" by a second
psychologist.
The answer to the question of Brame's hiring apparently lay in a forgotten
file cabinet. A city worker found two envelopes while cleaning old file cabinets
last week, according to Acting City Attorney Elizabeth Pauli.
The envelopes contained four psychological exams. They included a previously
unreleased evaluation in 1981 that recommended Brame as a "very fine" candidate
for the police department, and a 1989 exam that judged him "fit for duty" after
he had been accused of rape.
Tacoma Mayor Bill Baarsma said the newly discovered 1981 evaluation proves
Brame's hiring followed normal procedures.
"That explains why he was hired. That was the great unanswered question,"
Baarsma
said yesterday.
Crystal Brame's family has filed a wrongful death lawsuit against the city,
Pierce County and several city officials including Baarsma. The lawsuit alleges
officials condoned Brame's violent behavior and ignored signs he was going
to kill his wife.
Tacoma City Councilman Kevin Phelps said the uncovered records should help
the city defend against the lawsuit.
"The city did all the right steps and did their homework," Phelps said. "I
don't think there's any psychological test in the country that would have
suggested
David Brame would have done what he did."
Paul Luvera, attorney for Crystal Brame's family, said the new documents don't
let Tacoma off the hook.
"Having read the three tests, it only confirms the fact this man should never
have been hired as a police officer and certainly should not have been promoted
to chief of police," Luvera said. "These are not the kind of results you would
want."
Brame was first evaluated in September 1981, after he applied to the Tacoma
Police Department. Psychologist Steven Sutherland recommended against hiring
Brame, concluding the 23-year-old was depressed, immature and insecure.
"I feel that these personality variables will have a detrimental effect on
his work as a police officer and will contribute to potential danger for him,
his fellow officers and the community at large," the psychologist wrote.
Six days after Sutherland delivered his negative report to the police
department,
Brame got a second psychological exam. The results were totally different.
Psychologist John Larsgaard found Brame "mature and stable and realistic about
life," and said the personality test made him seem "almost ideal."
Larsgaard did note Brame seemed to be tailoring his answers and may have tried
to "psych out" the personality test. Still, he highly recommended Brame.
"I am confident that he would make a very fine young policeman, who, with years
of training and experience, could be a valuable asset to the Tacoma Police
Department," Larsgaard wrote. This positive evaluation has not been made public
before now.
Brame then got a third, tiebreaker evaluation. The third psychologist, James
Shaw, saw Brame in November 1981. Shaw said Brame seemed to be a "marginal"
candidate. However, he recommended Brame with the caveat that he be closely
supervised.
Brame did well at police academy and during his probation at the Tacoma Police
Department. He was promoted through the ranks, even after being accused of
rape in 1988.
The Tacoma Police Department investigated the allegation internally instead
of referring it to an outside law enforcement agency. The police chief at the
time, Ray Fjetland, closed the investigation with the conclusion "not
sustained."
Brame was never charged.
The documents released Thursday show that Brame was evaluated by psychologist
James Shaw again after the rape allegation.
Shaw said Brame was "fully cooperative" with the evaluation and was "fully
fit for duty" as a police officer.
Shaw's letter doesn't refer to the rape allegation, merely "an investigation
which was quite stressful to Officer Brame." There's no indication that Shaw
knew the nature of the stressful investigation.
Luvera said the discovery of Brame's psychological records raises more questions
than it answers.
"They found them cleaning out a filing cabinet - why weren't those tests in
his personnel file?" Luvera asked. "What else lurks in the back of a filing
cabinet somewhere that's really important?"
=====================
Gary police officer charged with rape resigns
06/09/2004
Associated Press
A city police officer accused of rape after a woman said he forced her to have
sex with him to avoid arrest has resigned.
Cpl. Ed Dame resigned Tuesday, minutes before a departmental hearing on whether
he should be fired was scheduled to begin.
Dame, 36, of South Haven, was charged in April with rape, criminal deviate
conduct, sexual battery and confinement. If convicted, Dame could face up to
20 years in prison.
The woman said Dame arrested her for possession of drug paraphernalia July
7 at a hotel. She told investigators she told Dame she "would do anything to
not go to jail," and he then drove her to a remote area and ordered her to
perform sex acts. The woman said she complied because she was afraid.
Dame denied having sex with the woman, saying that he arrested her for
possession
of drug paraphernalia, but then drove her around the city so she could point
out drug houses instead of taking her to jail.
Dame was charged after his DNA was found to match evidence taken from the
victim.
Dame said he resigned because of his "acknowledged stress-related medical
condition
and the excessive additional stress placed on me by the city of Gary chief
of police."
=====================
Police officer is charged in assault on boys at city school
By A Sun Staff Writer
Originally published June 17, 2004
A Baltimore police officer was indicted yesterday on charges of assaulting
two pupils in February in a middle school class taught by his sister.
Jonathan Brickus Jr., 33, was charged with two counts of second-degree
assault, each of which carries a maximum sentence of 10 years.
advertisement
According to the city state's attorney's office, Brickus visited his
sister Feb. 11 in her classroom at Thurgood Marshall Middle School in
Northeast Baltimore.
The boys he is accused of assaulting are 14 years old.
Prosecutors declined yesterday to provide details about the incident, and
Brickus could not be reached for comment.
Brickus, who works in the Police Department's organized crime division,
was on duty but not in uniform at the time of the incident.
He was not arrested at the time of the incident, state's attorney's
officials said. He was indicted after an internal affairs investigation.
Brickus has been suspended with pay, police officials said yesterday.
A warrant for Brickus' arrest was issued yesterday. He is scheduled to be
arraigned Sept. 9.
=====================
Bluffton deputy police chief is facing charges
Bluffton Police Department Chief Tammy Schaffer has placed her
department's chief deputy on administrative leave with pay after charges
of conversion were lodged against the officer.
Schaffer said Roger A. Miller, 43, a 14 year-veteran with the Bluffton
Police Department, was arrested at Fort Wayne's Glenbrook Mall on Sunday
after he was observed by security officers at Sears allegedly stealing
over $400 worth of tools.
Miller has been the deputy chief in Bluffton for nearly one year.
The conversion charge is considered a class A misdemeanor and could result
in one year in prison and a fine of up to $5,000 if he is convicted of the
crime.
Miller was allegedly seen by security officials watching a closed-circuit
television monitor to have put items from a display in a shopping cart.
Security personnel then went to the floor where they watched Miller
allegedly pick out several other items, including a mat.
He paid for the mat but allegedly put a bag over unpaid items in his cart
and walked from the register area "passing all points of sale" according
to a security report. He allegedly took some automotive sensors, including
meters and a volt tester, which were valued at approximately $473.
When interviewed by Sears security officials, Miller allegedly gave a
wrong phone and Social Security number, said he was unemployed, and also
provided a wrong home address.
Schafer told the Fort Wayne Journal-Gazette that she did not specifically
address the issue of false information that Miller had supposedly given to
Sears officials, but noted that she thought he did so "to avoid bringing
further shame to the police department."
Miller was arraigned in Allen County Superior Court's misdemeanor and
traffic division on Monday. A plea of not guilty was entered on Miller's
behalf and he was ordered released on his own recognizance.
=====================
Police Officers Charged In Brutal Beating
Fri Jun 18,12:19 PM ET
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Two Sweetwater police officers have been indicted following an
investigation by the state attorney's office.
Officer Allen St. Germain and Sgt. George Alvarez are accused of severely
beating a teenager after they arrested him a year ago.
Peter Daniel, 19, said Sweetwater police arrested him June 18 on charges
of evading a traffic stop.
His attorney said that officers beat Daniel after the arrest because they
suspected him of stealing a Jet Ski that belonged to one of the officer's
relatives.
Daniel was reportedly transported to the police station in Sweetwater
Mayor Manuel Marono's SUV. Daniel said that an officer struck him again
while he was being transported, and he said Marono saw it happen.
St. Germain and Alvarez reportedly gave very differing accounts of what
happened to Daniel to cause his injuries.
One police report said Daniel threw himself against the floor of the
police station and the wall of his cell several times.
The other report said that when Daniel attacked the officer, he struck him
several times in the mid-section, and then Daniel "became compliant."
According to an affadavit, officers at the station ignored Daniel's
requests for medical help for hours, until an officer intervened when he
found Daniel looking gray and "near death."
Daniel had surgery to repair his liver and kidney and was hospitalized for
some time.
Both the FBI (news - web sites) and the Miami-Dade State Attorney's Office
investigated the case.
St. Germain and Alverez are charged with battery and official misconduct,
third-degree felony offenses. Both men turned themselves in to the state
attorney's office Thursday afternoon.
State Attorney Kathy Fernandez-Rundle said Thursday that St. Germain and
Alvarez violated the trust of their fellow officers and the public by
committing a crime when they severely beat Daniel.
In a press release, Fernandez-Rundle said, "The saddest comment from this
investigation is how a room full of trained investigators can admit to
seeing nothing even as they reluctantly disclose that they heard something
going wrong. No police department can ever be the personal tool of any
individual officer or officers."
St. Germain and Alverez are being held in the Miami-Dade County jail on
$10,000 bond each. Both officers had been on leave with pay, but the were
fired Thursday when arrested. Two other Sweetwater patrol officers, who
were allegedly involved in Daniel's beating, remain on desk-duty as a
result of the investigation
=====================
2nd officer implicated in police ammo theft
Tuesday, June 22, 2004
Associated Press
A second police officer was implicated in the theft of ammunition that was
to be used by the Allegheny County SWAT team.
The officer, who was not identified, will not be charged criminally but
Superintendent Charles Moffatt said he has been fired.
One SWAT team member remains in jail without bond on charges that stole
thousands of rounds of ammunition.
Investigators say Mark Short, 52, was trading the ammunition for weapons.
When Moffatt announced the arrest earlier this month, he warned that more
officers might be implicated.
A two-pronged investigation is now under way to determine if more
ammunition purchased by the county is missing and also to account for
ammunition that was supposed to be turned over for demolition.
=====================
Posted on Thu, Jun. 17, 2004
Moss Point Jail to hire three jailers in wake of hanging
Associated Press
MOSS POINT, Miss. - After one inmate was found hanging and another said
she was raped by a police officer in a cell, Moss Point officials will
hire jailers for the city's jail.
Mayor Frank Lynn on Wednesday said three jailers, to his knowledge, will
be the most the city has ever had to stand watch over inmates. There are
no jailers working now.
"This will ensure that we have more security in numbers and by having
numbers, it virtually guarantees safety," Lynn said.
Aldermen on Tuesday voted to hire three jailers and two police officers.
The hiring comes on the heels of an inmate found hanging by a bedsheet
last Thursday and the alleged sexual assault of an inmate by a police officer.
The officer accused of the crime has been fired, though no criminal
charges have been filed.
Lynn said he hopes to have the jailers working in three weeks. He said the
two police officers would start immediately after they pass a
psychological exam.
Police Chief Michael Ricks said last week that he has three to four
officers on a shift, but no jailer to provide around the clock
supervision. He said inmates are checked by officers periodically, usually
every hour.
Ricks had also said the city was at a point financially where it could not
afford to hire a jailer.
Lynn, however, said that several police officers have left the department
this month, which paved the way for the new hires.
"We had to pay the salaries of those who left anyway," Lynn said. "Now
that they're gone, we can use that money to pay three jailers and some
officers."
=====================
Unworthy of the uniform
Palm Beach Post Editorial
Tuesday, June 22, 2004
It has been nearly four years since Reginald Mickins, a sheriff's
corrections officer, attended a dogfight. It has been more than three
years since Mr. Mickins, allegedly a law enforcement officer, pleaded
guilty to a misdemeanor for attending the illegal -- not to mention
barbaric -- event. Mr. Mickins has been fired twice from the sheriff's office.
Yet he still isn't out of chances to regain his job. The latest comes
today, when Mr. Mickins goes before a department review board. The case is
one more example of why it is far too hard in Florida to fire bad law
enforcement officers.
After a raid on the house in suburban West Palm Beach that was the scene
of the dogfight in 2000, an investigator said that the eight pit bulls on
the property "were bred and raised and trained solely for the purpose of
fighting." Anyone who even would watch abuse of such animals and consider
it entertainment has a problem. When someone who wears a uniform and draws
a salary from taxpayers does so, the public has a problem.
Then-Sheriff Bob Neumann fired Mr. Mickins. In Palm Beach County, however,
even causing the deaths of unarmed men hasn't been enough to cost police
officers their jobs. So it was little surprise that a hearing officer
recommended that Mr. Mickins get his job back. Mistakenly, Sheriff Ed
Bieluch obliged. Mr. Mickins quickly showed why that was an error in
judgment. In September 2003, he was charged with animal cruelty for
abandoning a mortally wounded pit bull near Belle Glade. The animal was in
a canal, and wounds indicated that it had been fighting. This time,
Sheriff Bieluch fired Mr. Mickins.
It should have been enough that Mr. Mickins was at the first dogfight.
Instead, the system not only allows him more chances, he can file a civil
lawsuit if the review board denies his request -- as the board should. A
system supposedly designed to prevent purely political firings remains
badly off course.
=====================
Police asked to probe city bids
Troy-- Memo shows how audit led to questions about quotes and the
suspension, with pay, of 3 employees
By TIM O'BRIEN, Staff writer
First published: Tuesday, June 22, 2004
The city of Troy on Monday turned over to police questions about the
city's handling of building projects that led to the suspension of three
employees.
City engineer Walt VanDeLoo and engineering employees Fred Ring and Terri
Brown all are suspended with pay while the investigation continues. None
of the three could be reached for comment Monday.
An internal memo by the city auditor, Charles Drozd, raises questions
about the handling of hiring firms for parts of a pollution cleanup
project in South Troy and for construction of a new parking garage on
Fifth Avenue.
Under the city's rules, the city is supposed to get two quotes for
projects that cost $5,000 or less.
Drozd wrote that he had done routine audits of quotes by the Engineering
Department and found they got only one quote.
"I found discrepancies that I believe should be brought to the
administration's attention," he said in a memo to Deputy Mayor Daniel
Crawley. "Because of the unusual nature of the sums given by the
department, I called the four vendors that provided quotes. The Laberge
firm informed me that they never submitted a quote regarding the
Brownfield project and Ryan Biggs Associates also informed me that no
quote was ever given for the Broadway Parking Structure." Both are local
engineering firms.
For both projects, the city's procurement rules required two verbal quotes
-- and Drozd wrote that he found only one.
Mayor Harry Tutunjian released a statement in which he said the concerns
had been turned over Monday to police.
"An investigation is ongoing and moving along as quickly as possible in an
effort to fact-find and take appropriate action based on that
investigation," he said. "This is a personnel matter and employees will
receive the applicable due process."
Tutunjian said full details would be released "in the future at the proper
time."
City Councilman Bill Dunne questioned why council members were not
informed, especially since Drozd is a council employee and does not work
for the administration.
"They could have said: 'Here is the investigation. It's confidential.
Don't say anything,' " he said. "It seems to me they are trying to build a
case in-house to point the finger at somebody."
Jeff Buell, a spokesman for Tutunjian, said he told Dunne to call the
mayor with his questions and Dunne never did so.
=====================
City Council upholds Taunton cop's demotion
By Terence J. Downing, Enterprise staff writer
TAUNTON - The City Council voted unanimously Tuesday to deny an appeal by
police officer Kevin F. Medas, who sought to reverse his demotion from
sergeant to patrolman.
The council's Police and License Committee voted 3-0 to deny the appeal
following a closed-door grievance hearing attended by Medas, his attorney
and union representatives.
The committee's ruling was upheld by the full council.
Medas appealed an April 27 council decision to demote him and remove him
from the community police unit, a move he says will cost him $20,000 per year.
The disciplinary action against Medas was for his role in an off-duty,
public fight with Patrolman David DeOliveira last March in the parking lot
of CVS on County Street.
Attorney Leigh A. Panettiere, who represents Medas and the police
supervisory union, said they will appeal the decision to an arbitrator.
"The council is sticking by their original decision, and we will go to
arbitration. We are confident we will win," said Panettiere.
"There was no just cause for the disciplinary action. Officer Medas was a
victim. He got beat up and dragged from his car. He was the victim of an
assault and battery and he was injured," said Panettiere.
"He was punched, kicked and had injured ribs," she said.
She said a loss in arbitration will be costly to the city because the
union is seeking back pay, interest and attorney's fees.
"It's completely irresponsible for an elected City Council to squander the
taxpayer's money like this. There's no question their decision was wrong,
and we will win in arbitration," said Panettiere.
Panettiere said Medas received the harsher punishment, despite being the
victim.
Sgt. Paul Roderick, union president, said Medas is losing more money from
his discipline than DeOliveira is losing from his.
Medas' demotion will cost him an estimated $300,000 in lost wages, or
$20,000 a year for 15 years, for the remainder of his career, Roderick said.
Medas loses not only sergeant's pay but a 5 percent bonus for being a
community police supervisor. The loss of pay will affect his pension, she
said.
Medas' base pay was $73,481 last year.
DeOliveira, who was suspended without pay for 18 months, will lose about
$80,000, Roderick said.
"Kevin Medas is a victim twice, once by David DeOliveira and once by the
City Council," said Roderick.
Panettiere also argued that Medas has a clean record without any previous
disciplinary action.
Roderick said the council's actions do not make sense because the council
determined DeOliveira was the aggressor in the fight.
During the grievance hearing, alternative punishments were proposed in an
effort to reach a compromise, but both sides could not agree.
"I'm disappointed both sides couldn't reach an amicable agreement," said
council President Thomas C. Hoye Jr.
"I don't think good judgment was used by either party in the matter.
Hopefully, we can put this matter behind us soon," said Hoye.
Hoye said he thought Medas' punishment was excessive, considering the
circumstances.
"I think the original punishment was hard in this case, but the majority
of the council rules," he said.
Medas, 46, a police officer for 21 years, has been out on paid sick leave
since the incident.
Panettiere said he will return to work "as soon as he is cleared by a doctor."
The police patrolman's union, meanwhile, has appealed DeOliveira's discipline.
The officers were punished for a March 15 fight. DeOliveira was accused of
kicking, punching and spitting at Medas, who was injured and taken to the
hospital with injuries that included broken ribs.
DeOliveira was accused of dragging Medas from his SUV, which then rolled
into a parked vehicle. The officers were arguing over a woman.
The district attorney's office is still looking into the possibility of
criminal charges.
For conduct unbecoming a superior officer, Medas was demoted to patrolman
and removed from the community police unit.
=====================
Firefighter fired after drunk-driving arrest
Posted at 8:38a.m. on 06/16/2004
By ASSOCIATED PRESS
A Davenport firefighter has been fired following her second
drunken-driving arrest in 18 months, officials said Tuesday.
Michele B. Schroeder, 38, of Davenport, was charged with drunken driving
following a single-car accident on Interstate 80 on Thursday, according to
Scott County District Court records.
Schroeder, a firefighter since April 2000, crashed her car at 4:17 p.m.
and registered a blood-alcohol content of 0.249 during a breath test -
more than three times the legal limit, Davenport police said in the arrest
affidavit. The legal limit for blood-alcohol content in Iowa is 0.08.
She is free on pre-trial release, according to court records.
Fire Chief Mark Frese said he fired Schroeder Friday, the day after the
accident, because it was her second off-duty drunken driving arrest.
"If they were on duty, they would be gone on the first one," he said of
the department's policy on drunken-driving arrests.
=====================
Candidate for Crittenden County judge-executive suspended from Kentucky
State Police
06/19/2004
Associated Press
A Kentucky State Police detective claims he was placed on leave because he
is the Democratic candidate for Crittenden County judge-executive.
Sgt. Phil Crumpton, a state police spokesman, confirmed that Robbie Kirk
was suspended with pay this week pending an internal investigation.
Crumpton would not elaborate.
Kirk, who works in the West Drug Enforcement Branch in Bowling Green,
filed his candidacy papers May 24.
Although Kentucky law says that state police can be fired for taking part
in political campaigns, Kirk said he thought he could file the paperwork
without campaigning and keep his job. He planned to retire on July 31.
After being confronted about the problem, Kirk said he agreed to retire a
month early.
The judge-executive position opened after Gov. Ernie Fletcher appointed
Victor "Pippi" Hardin to a job within the Kentucky Department of Parks.
Kirk will face the Republican candidate, interim Judge-Executive Fred
Brown, in the November election.
=====================
Student Killed by Off-Duty Officer
By John Klekamp
Web produced by Christine Lasek
June 22, 2004
Police say an off-duty Detroit cop had a blood alcohol level nearly three
times the legal limit when he hit and killed another driver.
There was evidence at the crash scene that the police lieutenant had been
drinking while driving, and now test results back that suspicion.
Investigators say the off-duty Detroit police officer, Lieutenant James
Agee, crashed into Nehemiah Thompsons car early Saturday morning, killing
the 20-year-old college student.
It has been reported that Lt. Agee had a blood alcohol content of .23 at
the time of the crash, which is nearly three times the legal limit.
Thompson had just dropped off his girlfriend and was only two blocks from
home, when an SUV going the wrong way on Burns crashed into his car.
A witness told 7 Action News that the driver appeared drunk. "You could
smell alcohol pretty strong in his area where he was at. And on top of
that, he was pretty sluggish. He tried to get up, and he would try to talk
but his words didnt come out too straight."
The victims father, Jeremiah, happened on the scene a short time later,
only to discover that his son was the victim.
"The lieutenant is supposed to be showing a good example for the young
people out here," Jeremiah Thompson told 7 Action News. "He showed a bad
example by taking my son away from me."
Lt. Agee was suspended with pay by his commander. When he is formally
charged, it is expected that he will be suspended without pay.
=====================
Schenectady cop arrested
Updated: 6/17/2004 8:01 AM
By: Jessica Schneider
Chief Michael Geraci of the Schenectady Police Department said, "We don't
anticipate seeing Ken Hill back in the Schenectady police uniform."
Schenectady law enforcement cracked down on one of their own late Tuesday
night. Officer Ken Hill, a 7-year veteran of the police department, was
put behind bars after a 2-month investigation into his alleged sale of a
handgun to a drug dealer.
Schenectady County District Attorney Robert Carney said, "It is important
to note that this conduct, it is alleged, occurred while Officer Hill was
no longer a police officer, having been suspended. So it was certainly
nothing to do with how he was working at the time. He wasn't working and
no other police officers are alleged to have participated."
Police said Hill stole the handgun back in July of 2003. Just one month
later, he was at a party in the Goose Hill neighborhood of Schenectady,
and exchanged the 3.57 caliber Smith and Wesson handgun for cocaine. A day
after the trade, Hill was fired from the police force for a racial slur,
which was completely unrelated to the case.
Schenectady Mayor Brian Stratton said, "After his suspension, he placed a
call to Mayor Jurczynski and he told him privately, 'The difference
between you and me is that you're going to be gone soon, but I'll be
back.' But I think today, based upon the evidence, Mr. Hill is gone and
he's not coming back."
http://www.capitalnews9.com/content/your_news/capital_region/default.asp?ArID=79...
WATCH THE VIDEO
Schenectady cop arrested
A Schenectady police officer found himself on the other side of the law.
In fact, Chief Geraci said Hill is off the force for good. He'll be
suspended without pay for the next 30 days, but Geraci said plans are in
the works for him not to return in any capacity.
"The police can in fact, and do, police themselves. And that the integrity
of the agency is whole. I think it sends a really strong message to the
public, clear, that this type of behavior is not tolerated obviously,
illegal behavior," he said.
Hill is charged with two separate felonies -- one for stealing the handgun
from a Rotterdam home and the other for the criminal sale of a firearm. He
was released on $15,000 bail and his case is pending before a grand jury.
More Information
=====================
June 18, 2004, 1:17AM
Baytown suspends officer as allegations investigated
By CINDY HORSWELL
Copyright 2004 Houston Chronicle
A Baytown police officer has been suspended with pay while investigators
look into allegations of sexual assault and official oppression.
Mark Smith, who has been a patrolman with the department for less than two
years, was placed on administrative leave June 7.
The incident is alleged to have taken place May 24 in the 2100 block of
West Baker Road while the officer was off-duty, said Baytown Sgt. Lisa
Rynearson. The incident was first reported to police on June 4 by a woman
whose identity has not been released.
"The oppression allegation deals with using one's badge or color of office
to obtain sexual favors. The assault allegation contends it was done
without the woman's consent," Rynearson said.
Rynearson said no more information could be released. Neither Smith nor
his wife, Allison, the city's human resource director, could be reached
for comment.
Allison Smith oversees the civil service program through which police
officers can appeal disciplinary actions taken against them. The appeals
are heard by the civil service commission or a specially appointed hearing
examiner, said Gary Smith, Baytown's city secretary. Gary Smith is not
related to the couple.
Gary Smith stressed that the human resource director would never decide
the outcome of any proceeding against her husband.
"If it came to it, she would only arrange a hearing for an appeal and
would probably recuse herself from that," he said.
Police Chief Byron Jones is conducting the investigation into the
allegations. He will forward his department's findings to the Harris
County District Attorney Public Integrity Division for review and action
if necessary.
=====================
Providence police chief suspends 2 more officers
Yesterday's action raises the total to six current and retired officers
accused in the promotions scandal.
08:59 AM EDT on Friday, May 28, 2004
BY AMANDA MILKOVITS
Journal Staff Writer
PROVIDENCE -- Two more police officers were suspended with pay yesterday
for their alleged involvement in the Police Department's long-running
promotions scandal.
Police Chief Dean Esserman confirmed the suspensions but refused to
discuss the allegations or reveal any details about the officers, citing
restrictions in the Rhode Island Law Enforcement Officers Bill of Rights.
The state law governs how officers are disciplined, and it bans public
comment in noncriminal matters until a hearing committee's decision, and
then, only if an officer is found guilty.
Yesterday's suspensions raises the total to six current and retired
officers accused in one of the darkest incidents in the department's
recent history.
Whether they can be prosecuted is now a matter for Superior Court. At the
moment, Presiding Justice Joseph F. Rodgers Jr. is considering whether the
city can push ahead with punishing the officers still working for the
department.
The officers say the statute of limitations has run out on their
administrative charges. The city argues that the statute should begin when
the violations were discovered -- because high-ranking officers in past
administrations didn't want to root out corruption because they themselves
were involved.
There have been stories over the last decade of officers cheating on their
promotion exams and being "preselected" to score well on their oral board
exams. There were rumors of test-source material being given out to
certain officers, so they knew what to study ahead of time, and of special
study groups formed to review the cheat-sheets.
The rumors became reality in May 2002, when retired Chief Urbano Prignano
Jr. testified under immunity in the federal corruption trial of former
Mayor Vincent A. Cianci Jr. Prignano said he helped several officers cheat
on tests, and was asked by others for promotions.
The stories were reviewed by federal investigators involved in Operation
Plunder Dome and by a statewide grand jury, as well as two previous
internal investigations. None amounted to any disciplinary action.
Last year, shortly after he was sworn in, Esserman launched another
internal investigation. That concluded in January with the city's plan to
fight to revoke or reduce the pensions of Prignano and his former
administration director, retired Capt. John Ryan, and fire a captain and
sergeant.
The chief said at the time that more officers would be disciplined.
These two officers are the latest, but Esserman wouldn't say yesterday if
they were the last.
However, police union president Sgt. Robert Paniccia said yesterday that
the chief told him there wouldn't be any more.
The rank and file has been waiting for an end to the scandal. Since
Prignano's testimony, the union has urged a ban on promotions tests until
the scam is resolved. Esserman has acquiesced to the union's wishes --
even as vacancies grow at every rank.
The union voted several months ago against resuming promotions tests.
Paniccia said he'd bring the matter before the union members again for
another vote.
The members had indicated before that they wanted some sort of conclusion.
The suspensions are really just the beginning of a long disciplinary
process, if the Superior Court allows them to go forward.
"We don't know if Judge Rodgers' decision will affect everybody," Paniccia
said.
=====================
Former Center cop placed on leave at Lamar
CENTER - A former Center police officer has been placed on administrative
leave with pay in Lamar as a flap over videotaping arrests is investigated.
Capt. Rick Copess of the Lamar Police Department confirmed Thursday that
Antonio Lobato joined the department on March 13, 2000 and was placed on
leave after the 15th Judicial District Attorney began an investigation.
He reportedly worked at Center from 1999-2000, quitting to take a job with
the Lamar Department.
The Colorado Bureau of Investigation (CBI) is also involved, probing
videotaping of arrests and traffic stops.
It was alleged that Lobato and possibly another Lamar officer had taped
arrests and failed to turn the evidence involved over to either
prosecutors or defendants, as required by Colorado law.
In addition to not providing the tapes to the DA and defense attorneys,
allegations have been made that at least one taping incident could involve
perjury during a Prowers County Court jury trial.
Copess declined to comment, since the investigation involves other
agencies, referring calls to CBI Agent Dave Sadar.
According to the Lamar Daily News, the video tapes are believed to have
been made with a personal video camera, and not police department
equipment. Another officer may be involved, but has not been named,
reports said.
The tapes reportedly include scenes of officers on patrol, mostly
effecting traffic stops and involving some alcohol related incidents.
Actions by the officers in taping incidents could affect numerous cases,
it was reported.
=====================
Officer charged in sale of stolen gun
Schenectady -- Kenneth Hill accused of giving weapon to drug dealer
By MIKE GOODWIN, Staff writer
First published: Thursday, June 17, 2004
A Schenectady city police officer with a troubled past gave a stolen
handgun to a drug dealer last summer while snorting cocaine at the
dealer's house on Alexander Street, authorities said Wednesday.
Officer Kenneth Hill was charged with third-degree criminal sale of a
firearm and fourth-degree criminal possession of stolen property, counts
stemming from a two-month police investigation into the events of Aug. 28,
2003.
A month earlier, the .357 Smith & Wesson revolver was stolen during a
party in Rotterdam that Hill attended with the weapon's owner, a part-time
Schenectady County auxiliary police officer, according to law enforcement
officials who spoke on condition of anonymity.
The officials said Hill gave the large-caliber gun to Timothy P. Lane, a
drug dealer with a lengthy arrest record, as Hill got high on cocaine at
the 420 Alexander St. bungalow that Lane used as his base of operations.
The weapon was never reported stolen, and how Lane got it remained secret
until Lane was apprehended in Florida and returned to Schenectady in April
to face felony charges connected to cocaine deals he allegedly made on
Aug. 26 and Sept. 8, 2003. Lane began cooperating with local police and
the Schenectady County district attorney's office, who launched an
investigation of Hill. The gun was turned over to police.
His arrest is the latest black eye for a department still reeling from a
federal corruption probe that sent four officers to federal prison. The
U.S. Department of Justice is also investigating the department to
determine if its officers engaged in a pattern or practice of depriving
people of their civil rights.
Police Chief Michael Geraci, who was hired nearly two years ago to rebuild
the city force, said Hill's arrest "sends a clear message that the
department and the police can and do police themselves."
"The integrity of the police department is whole," Geraci said at a news
conference attended by the police department's command staff, Mayor Brian
U. Stratton and District Attorney Robert M. Carney, and John Morgan,
special agent in charge of the Albany office of the federal Bureau of
Alcohol, Tobacco, Fireams and Explosives.
Hill was taken into custody after he arrived at the downtown police
station to start his shift late Tuesday night. Hill was returning to his
assignment as a patrol officer after several weeks off to deal with the
illness and death of his father, Marvin Hill.
Assistant Police Chief Jack Falvo booked the 38-year-old Niskayuna
resident, who was sent to the county jail after a predawn arraignment
before City Court Judge Vince Versaci. Hill, who has been on the force for
seven years, faces up to seven years in state prison if convicted of the
two crimes.
"I'm extremely enthusiastic to face these charges," a defiant Hill told
City Court Judge Karen Drago during a brief court appearance Wednesday
morning to set bail. Hill stood before Drago in an orange jail jumpsuit,
with his hands folded in front of him and his jaw set, trying to convince
the judge to set him free without bail, saying he has a young son he was
expected to see that afternoon.
Drago set bail at $15,000 and sent him back to the county jail. He was
released at 1:30 p.m. after his mother posted the bail.
Hill was suspended without pay. "We don't anticipate seeing Kenneth Hill
back in a Schenectady police uniform," Geraci said.
He has not been charged with stealing the revolver or with drug
possession, but a grand jury is already investigating the case and further
charges could be filed against Hill involving the gun, Carney said. No one
else is expected to be arrested in connection with the case.
Hill was fired by former Mayor Albert P. Jurczynski on Aug. 29, 2003 -- a
day after he allegedly gave Lane the gun -- and following a hearing
officer's ruling that the officer's characterization of a black man as a
"monkey" during an October 2002 off-duty confrontation was grounds for
termination. Hill was reinstated, however, after an arbitrator reversed
the decision in January of this year and he returned to duty in March.
Geraci said Hill spent most of his time since then undergoing sensitivity
training or on family and bereavement leave.
Stratton recalled that Hill telephoned Jurczynski when he was fired,
telling the outgoing mayor, "You're going to be gone, but I'll be back."
On Wednesday, Stratton said: "Mr. Hill is gone and he's not coming back."
Hill was a staunch defender of the four police officers convicted of
corruption and for a time lived next door to one of those officers, former
Lt. Michael F. Hamilton Jr., in a Guilderland townhouse complex.
In June 2001, then 29-year-old Demetrius Howard accused Hill of breaking
his jaw and claimed police planted a Tec-9 pistol during an arrest in the
city's Hamilton Hill neighborhood on weapons charges. A jury acquitted
Howard, doubting testimony police gave at the trial. The FBI investigated
Howard's allegations but did not file charges.
Hill was also a defendant and later dropped from a lawsuit that resulted
in a $1.68 million jury award to a woman who was beaten at the police
station by another officer, Ronald Pedersen. Pedersen resigned and a
federal appeals court reduced the award to $325,000.
=====================
City ignored warning signs in hiring Raiser
By Brian D. Crecente And Julie Poppen, Rocky Mountain News
June 19, 2004
Denver city officials ignored several warning signs when they hired an
officer now accused of threatening to kill Police Chief Gerry Whitman, his
family and other officers.
Andrew Raiser's application to both the state board that issues law
enforcement certificates and Denver's civil service commission should have
raised concerns, the heads of both agencies said Friday.
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Raiser, 34, resigned from the police department in Winston-Salem, N.C., in
1996 because he was in danger of being dismissed for using excessive force
by throwing a woman to the ground, city officials said.
Denver should have talked to Winston-Salem officials about why Raiser was
leaving that department, said Earl Peterson, executive director of the
Denver Civil Service Commission, which screens applicants for both police
and fire departments.
While in the Marines, Raiser was disciplined for kicking a fellow Marine
in the head, officials said.
"It is concerning," Peterson said. "Anytime someone resigns from a
department it's a red flag for us, even if they don't have disciplinary
problems."
Raiser, who denies he ever threatened the chief, his family or other
officers, was unavailable for comment Friday. He remains on paid
administrative leave.
The background investigation procedures were not as strict in 1999 when
Raiser applied to Denver, Peterson said.
It was an officer in Raiser's November 1999 class that led to sweeping
changes in that process.
Ellis Johnson was hired as a police recruit despite having a history of
heavy drug use in the 1980s.
"After Ellis Johnson they established all of these new hiring standards
for review of files," Peterson said.
The new process involves 15 steps that include a detailed background
investigation, he said.
The commission's nine background investigators thoroughly check all of an
applicant's previous employers.
"If we don't get information from a person's previous employer, we don't
process it, we drop them," Peterson said.
John Kammerzell, the director of the Colorado Peace Officers Standards and
Training, or POST, said it's odd that Raiser didn't apply for reciprocity
when he moved from North Carolina to Colorado.
Under state law, someone who wants to be a police officer has to receive a
certificate from POST. That certificate is much easier to obtain if you
transfer your certification from another state, Kammerzell said.
But Raiser opted instead to retest, taking a 637-hour law enforcement
training academy course at the Community College of Aurora.
"Since he didn't claim his North Carolina law enforcement experience or
pursue reciprocity, he attended the academy on his own," Kammerzell said.
"It's odd someone would do that."
Raiser joined the department in 1999. During the past two years, he has
been investigated 21 times in use-of-force incidents, including four
citizen complaints, and has been on administrative leave twice.
Raiser had been a Denver police officer for two years when he drove to an
Adams County topless bar while on duty.
It was about 1 a.m. Jan. 2, 2001, when Raiser went to a club called
Cheerleaders in Uniform to "frolic and detour," according to the findings
of a hearing officer with the Civil Service Commission.
The hearing officer found that Raiser's explanation that he had to repay a
debt to a friend while on duty was "not credible."
While at the club, Raiser told at least two patrons that a former bouncer
at the club had an outstanding warrant for a restraining order violation.
In truth, the ex-bouncer had been found not guilty of the violation.
Raiser also threatened to fight the ex-bouncer if he saw him, according to
witnesses.
Raiser was suspended for 27 days without pay, which was later reduced to
17 days.
On Thursday, Whitman received a permanent restraining order forbidding
Raiser from coming within 100 yards of the chief, his wife, their children
or their school and any of the police stations.
"He has repeatedly threatened to kill me and my family," Whitman
testified. "He also threatened to come to the Denver Police Department and
kill as many police officers as he can. He has made these threats
repeatedly to his girlfriend for the last year."
The order was based on a report filed by a former girlfriend of Raiser's
on May 22 in which she said Raiser threatened to kill the chief, his
family and fellow officers.
In January, a psychologist concluded that Raiser poses a "significant risk
to the safety of the public" and he faces evaluation for fitness for duty,
said Assistant City Attorney Linda Davison.
Raiser blames Whitman for his problems in the department, she said.
Red flags
Previous employment: Raiser resigned from the Winston-Salem, N.C.,
Police Department because he was in danger of being dismissed for using
excessive force.
Military service: Raiser was disciplined for kicking a fellow Marine in
the head.
Certification: Rather than transfer his POST certification from North
Carolina to Colorado, Raiser opted to retest.
=====================
OFFICER OF THE TEAR!!!!!
(Providence-AP) -- A former Providence Police Officer of the Year has been
sentenced for embezzling from the department.
Thirty-two-year-old John J- Lough was found guilty of stealing a Yamaha
minibike. He was indicted by a grand jury last August and was suspended
without pay. He was found guilty last month of embezzlement.
Today, Lough was sentenced to one year probation and fined one thousand
dollars.
He was charged with stealing the 300-dollar bike after he stopped a teen
on the street last July.
The officer questioned the teen because the bikes serial number was
obliterated. The teen was released but the officer did not release the
bike, the states attorney generals office says.
=====================
3:08 PM MDT Thursday
Denver Health paramedics fired
Amy Fletcher
There has been a shakeup in the paramedic division at Denver Health, with
the hospital firing five paramedics Thursday, putting two others on
investigatory leave with pay and disciplining nine others less severely.
What's more, depending on the honesty of the paramedic and the diligence
of a prospective employer, the fired paramedics could gain employment in
Colorado without their employer knowing they were fired or for what.
Unlike groups such as police doctors and hospitals, there is no central
agency or group to which an employer or patients can file a complaint
about paramedics, Dr. Patricia Gabow, CEO of Denver Health said.
Names of the paramedics who were fired and those on leave are protected by
employment privacy laws and cannot be released, Denver Health said.
Denver Health's action follows an investigation initiated after a
paramedic who resigned in May sent a letter to Denver Health, alleging
unprofessional and inappropriate behavior on the part of some paramedics.
He alleged hostile and discriminatory treatment and bullying of himself
and several other paramedics. He also said patients were treated
inappropriately.
Denver Health's investigation substantiated incidents of employee bullying
and harassment, including threatening, anonymous letters; vulgar and
demeaning comments to patients; making an elderly and infirm woman walk
rather than be carried to the ambulance; and unnecessarily rough treatment
and taunting of combative patients.
"People see paramedics as health professionals, and they expect caring and
competence as well as medical competence," Gabow said. "These kinds of
actions are clearly unacceptable."
There are 187 people in Denver Health's paramedic division. Among those on
paid leave is the chief paramedic, who has been with Denver Health for
more than 10 years.
=====================
Changes for police
Mayor unveils revised use-of-force policy for city's 1,400 officers
By Brian D. Crecente And Charlie Brennan, Rocky Mountain News
June 25, 2004
Six months after promising sweeping changes in the Denver police
department, Mayor John Hickenlooper delivered.
Standing in his office Thursday, Hickenlooper announced fundamental
changes in the police department's use-of-force policy and said he will
present a new form of civilian oversight of police activity to the City
Council in a few weeks.
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The changes in the policy call for officers to recognize the value of all
human life and respect human rights, to de-escalate confrontations when
possible and to consider new tactics when dealing with people armed with a
knife or threatening them with a vehicle.
"We are committed to modernizing the police department to better protect
the safety of both the general public and the officers themselves,"
Hickenlooper said.
The changes were recommended by the Police Reform Task Force, which was
formed by Hickenlooper after the fatal shooting of Paul Childs, a
developmentally disabled black teenager who was shot to death after
refusing to drop a knife during an encounter with officer James Turney.
In April, Turney was suspended for 10 months without pay. In late May,
Denver officials announced the city will pay more than $1.3 million to
Childs' family, who had announced plans to sue.
'Value of all human life'
Hickenlooper directed Police Chief Gerry Whitman on Thursday to implement
five changes to the department's use-of-force policy.
"We made tremendous progress," Hickenlooper said. "We pushed the boulder
about four-fifths of the way up the hill."
The changes include a new preamble to the policy stating that, "The Denver
Police Department recognizes the value of all human life and is committed
to respecting human rights and the dignity of every individual."
The three-paragraph preamble also recognizes that an officer is making
split-second decisions, that a situation can be de-escalated and that a
suspect may not be capable of understanding the gravity of a confrontation
with police officers.
A single line also will be added to the policy restricting officers from
using deadly force to protect property.
Three other additions to the use-of-force policy will address the use of
crisis intervention teams and the tactics of dealing with a suspect
threatening an officer with a knife or a vehicle.
Now when officers learn they are dealing with a suspect who may be
mentally ill, developmentally disabled or emotionally disturbed, they will
have to call an officer trained in crisis intervention, if time and
circumstances permit.
Another new section labeled "edged weapons" discusses tactics when dealing
with knife-wielding suspect. Specifically, it notes that consideration
should be given to how far the suspect is from the officer, that it may be
possible to retreat, seek cover or hide and the value of human life should
be weighed in the decision.
A third section discusses the hazards of firing at or from moving vehicles
even in situations where it may be permitted by law. The section points
out that its hard to hit a moving vehicle, that disabling a driver could
make the situation more dangerous and that officers should try to move out
of the way before deciding to shoot.
Officers shooting at cars spurred nearly all of the discipline handed out
by the Denver Police Department for police shootings from 1990 to 2000.
Four of the five officers disciplined for shootings during that decade
shot at people whose only weapon was a car, even though such cases
accounted for only 15 percent of the shootings that left people killed or
injured
Re-training required
The changes will be added to the department's five-page use-of-force
policy, last updated in 2002.
"Officers have a lot of things to remember, but this will put these issues
at the top of things they have to think about," Whitman said.
The changes to the use-of-force policy will require the department's
roughly 1,400 officers to undergo about four hours of new training each,
he said.
The chief acknowledged that the policies could save lives.
"An effective policy and the right training can save a cop's life," he
said "and under the right circumstances could save a civilian's life."
Police union officials say the changes just put into writing are tactics
officers already use.
The changes also appear to bring Denver's policies in line with
use-of-force policies in other cities across the country.
The Chicago police department policy already forbids firing at moving
vehicles - in most cases - or the use of deadly force to protect property.
"The rule of thumb is to use deadly force when your life, or the life of
another, is in imminent danger," said Chicago police spokesman Matthew
Jackson, who knew of no recent revisions to that city's deadly force policy.
Phoenix police Detective Tony Morales said, "Our deadly force policy is
pretty short and clean-cut. It says we only use deadly force to protect
our lives or the lives of another person."
It's actually part of a 22-page policy document on the use of force.
Portland, Ore., has been witness to several incidents in recent years that
have led to extensive review and revisions of its own policies.
The May 5, 2003, shooting of motorist Kendra James, by an officer who
struggled with her inside her car during a traffic stop, triggered a $10
million federal lawsuit against the city, although a grand jury cleared
the officer of any wrongdoing. A more recent incident putting the issue
under the spotlight in Portland was the March 28 fatal shooting of
motorist James Perez, who was killed after being pulled over for failing
to use a turn signal.
The Perez shooting came more than six months after a 223-page study was
produced for the city on 32 officer-involved shootings and two deaths of
suspects in custody between Jan. 1, 1997 and June 30, 2000.
The Los Angeles-based Police Assessment Resource Center presented the
Portland Police Bureau with no fewer than 89 recommendations for change.
Sgt. Cheryl Robinson said 40 of those changes have been adopted, and
another 39 are in the process of being added. Almost all of the changes,
however, apply to post-shooting investigation issues.
But one of the 89 recommendations, in fact, is among those Denver has
embraced - adding a preamble to the Portland policy "underscoring the
Bureau's reverence for the value of human life and its view that deadly
force is to be used only where no other alternatives are readily available."
But Robinson said there has been little change in the department's rules
concerning the circumstances of when deadly force is applied.
"Not really," she said, "because you have to look at each incident as an
individual event, and what led up to it."
The bottom line, Robinson said, is "we are authorized to use deadly force
when the officer's life, or the life of another, is jeopardized by the
actions of others."
=====================
Wednesday, June 16, 2004 12:27 PM
Schenectady cop charged with giving gun to drug dealer
(Schenectady - AP) - A Schenectady police officer who lost his job for a
time after using a racial slur has now been arrested and charged with
giving a firearm to a criminal.
Schenectady County prosecutors announced today that Kenneth Hill was
arrested last night at the police station when he showed up for work.
Authorities say the seven-year veteran is of accused of criminal conduct
for allegedly giving a .357-caliber handgun to a drug dealer in nearby
Rotterdam in August 2003.
The day after the alleged incident, Hill was fired from the police force
for a racial slur directed at a black man. He got his job back several
months later when an arbitrator ruled that the termination for the slur
was excessive.
Hill is suspended with pay while the case proceeds.
He's one of several Schenectady police officers who have been brought up
on charges in recent years.
=====================
Police captain demoted, suspended over sleeping
By Mindy Clark
Star correspondent
June 23, 2004
A Shelbyville police captain has been demoted and suspended without pay
for five days for sleeping on duty.
Michael Shaw, a 25-year veteran, was demoted to patrolman Monday by the
Board of Public Works and Safety.
The board agreed with the Police Department's recommendation that Shaw be
demoted immediately and suspended. Shaw also must see a city-approved
physician to determine if he is fit for duty.
Police Chief John West initiated an internal investigation in March into
several reports of Shaw sleeping at his desk while on duty and failing to
supervise officers on the street properly.
On Jan. 6, the department's janitor reported the first incident of Shaw
sleeping at his desk.
Deputy Chief Bill Elliott said during a May 28 disciplinary hearing that
he began documenting each report of Shaw sleeping while on duty because it
had been an ongoing problem for more than a decade. Prior administrations
had not talked with Shaw about his sleeping on duty, Elliott said.
Shaw contended he has been diagnosed with sleep apnea, which causes
disruption of his sleep at night and leaves him tired the next day.
At West's request, Lt. Daniel Goforth investigated six incidents of Shaw
sleeping on duty in January and February. Goforth turned over his findings
to the department's six-member advisory board. That panel is made up of
police personnel.
The advisory board recommended suspending Shaw for five days, demoting him
and sending him to a city-approved doctor to determine fitness for duty.
West approved the recommendation, but it was not enforced until the Board
of Works and Safety reviewed it.
Board members, including Mayor Scott Furgeson, Tim Barrick and Mary Jo
Phares, also found that Shaw agreed with one count of false reporting on a
date Shaw was seen sleeping and had turned in an hour of overtime.
Elliott said he had approved the overtime routinely. Later, Elliott
discovered the overtime request matched one of the dates Shaw had been
reported sleeping while on duty.
Shaw's attorney, Bryan E. Barrett, made several references during the May
hearing that the investigation against Shaw stems from ongoing turmoil
within the department, which includes a federal lawsuit filed by 20
officers against the city and the former police administration.
Allegations of inappropriate activities and unfair disciplinary actions
are among the complaints.
=====================
City can pursue police testing scandal
Capt. Martin F. Hames and a patrol sergeant are fighting efforts to have
them fired.
01:00 AM EDT on Thursday, June 17, 2004
BY AMANDA MILKOVITS
Journal Staff Writer
PROVIDENCE -- The city can go forward with its attempt to fire two police
officers accused in the Police Department's nearly decade-old testing
scandal, a Superior Court judge ruled yesterday.
That legal step opens the door for disciplinary hearings against the
officers -- the first time anyone has faced punishment in the scandal of
Providence police officers cheating on their promotions.
Capt. Martin F. Hames, who was the former commander of the investigative
bureau, and a patrol sergeant have been fighting the police chief's
efforts to bring them before a hearing board and have them fired.
Soon after they were suspended in January, the two officers sued Chief
Dean Esserman, arguing that time had run out in which they could be
disciplined.
But in his four-page decision yesterday, Presiding Judge Joseph F. Rodgers
Jr. wrote that the department can proceed with 8 of the 13 administrative
charges against Hames because the administrative charges involve criminal
offenses that carry a 10-year statute of limitations.
The charges, stemming from 1996 and 1998, involve crimes of conspiracy,
obtaining money by false pretenses and filing a false document.
Those felony offenses, even though Hames is not criminally charged, exceed
a three-year statute of limitations under the Law Enforcement Officers
Bill of Rights, a document that governs how officers are disciplined in
the state.
"Once it is alleged a particular incident involved a specific criminal
offense, all departmental charges arising out of that incident are exempt
from the three-year limitation," Rodgers wrote.
Hames, who'd once been considered for police chief under former Mayor
Vincent A. Cianci Jr., is accused of influencing the members on two
promotions boards to choose pre-selected candidates. He is also accused of
knowing that officers cheated on their promotions tests, but not taking
any action against them.
The judge used the same reasoning in yesterday's decision that he applied
in his June 3 ruling regarding a Providence police sergeant who was
accused of cheating on his promotions exam. Rodgers had dismissed 8 of the
10 administrative charges against the sergeant because the three-year
statute of limitations had expired.
However, the judge let stand two charges: that the sergeant lied to an
investigator in 2002, and that he obtained money by false pretenses and
submitted a false document (the test he'd allegedly cheated on). The
latter are criminal offenses that carry a 10-year statute of limitations.
In court yesterday morning, the judge rejected a motion to reconsider and
for clarification by the officers' lawyer, Joseph Penza Jr. of Warwick.
Penza said later he hadn't made a decision whether to appeal the judge's
ruling.
Rodgers dismissed some of the administrative charges against Hames:
conduct unbecoming an officer, malfeasance, duty to report, and causing
disrepute upon the department.
However, the accusations against the officers are intact and will be
presented before a bill of rights hearing committee.
"The entire story of wrongdoing will be told," said Providence lawyer
Vincent Ragosta, who represented police Chief Dean Esserman.
So far, six current and former officers have been accused in the
department's cheating scandal since Mayor David N. Cicilline and Esserman
announced the end of an 11-month investigation on Jan. 23.
Hames and the sergeant were immediately suspended with pay, and two more
officers followed last month; they haven't been publicly named due to a
confidentiality clause in the bill of rights. Hames was identified by a
friend who is uninvolved in the case.
Meanwhile, the city is seeking to revoke or reduce the pensions of retired
Chief Urbano Prignano Jr. and his former right-hand man, retired Capt.
John Ryan, the previous director of administration.
Prignano testified during former Mayor Vincent A. Cianci Jr.'s corruption
trial that he'd helped several officers cheat on their promotions exams.
The allegations date back to 1996, well after the three-year statute of
limitations had expired.
Penza had argued for the officers that the time limit was up. He pointed
out that neither officer had been criminally charged, and investigations
by a statewide grand jury and federal investigators in Operation Plunder
Dome hadn't resulted in charges.
But Ragosta argued that the administrative charges were criminal offenses,
which would extend the time limit under the bill of rights. An officer
wouldn't need to be indicted or convicted, but accused of a specific crime.
The judge agreed, dismissing Penza's argument that the officers should be
convicted before they can be disciplined for what is specified as a
criminal offense.
The bill of rights proceedings are civil, Rodgers wrote, "with the
corresponding burden of proof being the fair preponderance of the evidence
rather than the criminal standard of beyond a reasonable doubt."
=====================
Riverside hires firm to study police force
By TODD MCHALE
Burlington County Times
RIVERSIDE - In the wake of several public allegations last year of
misconduct by police, a recent multicount indictment of a 14-year
department veteran and a related federal lawsuit, the Township Committee
has decided to hire a consultant to review the entire police department.
By a vote of 4 to 1, the committee approved hiring Jersey Professional
Management of Cranford, Union County.
Committeeman Charles Hilton cast the lone vote against the resolution.
Hilton could not be reached yesterday for comment on his vote.
Mayor Jeffrey May said the firm is being brought in to evaluate the
overall operation of the police department and recommend solutions for any
deficiencies that may exist.
The cost of the review is estimated at $15,000 and will take two to three
months, said Township Administrator Eric Berry. He said the township hopes
to recover that expense from a state grant.
Deputy Mayor George Conrad said if the firm finds a need, the review could
also help the township secure a grant to pay for additional officers.
Committeeman Robert Van Meter, as mayor last year, appointed a police
review board after fielding numerous complaints of abuse by township
officers from residents.
Nearly 70 people showed up and 15 addressed the board in March 2003 to
voice concerns of police misconduct and excessive force.
Van Meter said the time is right for the review, especially after the
recent indictment of a police sergeant and the related lawsuit.
In June, Sgt. Patrick J. Vacanti, 37, of Medford, was in-dicted on charges
of assaulting a man and falsifying reports and court documents in an
attempt to cover it up, authorities said. The charges stem from an
incident on Leach Street near Derby's Tavern in March 2002, where Vacanti
allegedly assaulted Jack D. Wagner of Delanco with a metal baton as he
knelt to speak with two friends who had pulled their vehicle to the curb.
Wagner filed a lawsuit in federal court in February against Vacanti, three
other officers, the police department and the township.
Berry said some in the police department may be a bit apprehensive of the
review.
"I think there will be mixed emotions, but I think those officers really
dedicated will welcome it with open arms," Berry said.
=====================
Posted on Fri, Jun. 04, 2004
Thomaston officer arrested, fired after alleged scam
GBI investigating other law enforcement officers
By Tim Sturrock
Telegraph Staff Writer
THOMASTON - A Thomaston police officer has been arrested and fired in an
alleged shoplifting scam, and the GBI is investigating several other
police and sheriff's office employees, Upson County Sheriff Don Peacock
said Thursday.
Tawana Stewart, 24, a police informant, accused the employees of having
her shoplift expensive clothing for them, Peacock said.
Police Lt. Ricky Acey was fired Tuesday after he was charged with criminal
attempt to shoplift and felony violation of oath of office, said Thomaston
police Capt. Richard McDaniel.
The GBI recorded Stewart discussing a theft with Acey last week, Peacock said.
Acey has been with the police department for about 10 years. McDaniel said
Acey has confessed but is appealing his termination.
The other officers and employees accused of wrongdoing remain on duty.
McDaniel would not comment on the investigation, but he said the police
department employees volunteered to take polygraph tests.
Peacock said the sheriff's office employees - which include a deputy and
jailer - have denied the allegations and that the GBI will give the
employees polygraph tests after next week's G-8 summit on Sea Island.
Peacock said he has doubts about Stewart's accusations. But, he said, if
she's right, the sheriff's office employees will be fired.
"I don't know how this is going to turn out, but if they did anything and
they are dirty, they won't be in my department," he said.
The GBI was asked to investigate to avoid the perception of a conflict of
interest, Peacock said. Any allegation of misconduct makes police officers
look bad, he said.
"When they see one of us accused, they think all of us are guilty,"
Peacock said.
=====================
Police officer fired, arrested
GBI charges suspect bought stolen goods
By Billy Vaughn
Staff Writer
A Thomaston woman who was a confidential police informant turned the
tables on law enforcement officers and is now accusing one or more of the
officers of crimes.
One officer, Lt. Ricky Acey, has been dismissed and arrested and the
investigation is continuing.
The informant, Tawana Stewart - herself facing aggravated assault charges
- claimed to agents with the Georgia Bureau of Investigation that several
local law enforcement officers had committed crimes.
Acey was fired from his job Tuesday after being arrested on charges of
criminal attempt at shoplifting and violating his oath of office after
Stewart turned against him in a GBI sting operation. Acey was jailed just
before 5 p.m. for allegedly encouraging Stewart to steal clothing.
The woman alleges she shoplifted clothing and then provided the clothing
to Acey in exchange for money.
Stewart has also provided GBI agents with the names of another "three or
four" city police officers and "three or four" sheriff's deputies, said
Upson Sheriff Don Peacock.
Peacock said two of his jailers were to be questioned - and possibly
polygraphed - this morning. The sheriff said in coming days, most of his
sworn officers will be questioned and asked to take polygraph tests.
"There's no telling how long this thing is going to drag out because there
are several people involved," the sheriff said. "Most of my people will be
polygraphed because if there is a problem, we need to get to the bottom of
it."
Peacock said he hopes no others are arrested, but said Acey might just be
the first casualty.
"I don't care who they are, if they do something wrong, we will arrest
them and put them in jail," the sheriff said. "This is the kind of thing
that makes us all look bad."
"Lt. Acey has been fired," said Capt. Richard McDaniel, who serves as
acting police chief. "We've coordinated our investigation with the Georgia
Bureau of Investigation and (Acey) has three days to appeal should he
choose to do so."
Acey was released from jail at 6:10 p.m. on $26,000 bail, reports show.
Deputies from the Upson Sheriff's Department showed up at the Thomaston
Police Department just after 3 p.m. to take Acey into custody as Special
Agent Ben Hansen of the Georgia Bureau of Investigations worked to get
arrest warrants signed by Superior Court Judge Johnnie Caldwell Jr.
Agents from the Georgia Bureau of Investigation reportedly arrested Acey
in a sting operation which began several days ago. According to reports,
the woman telephoned Acey as agents listened in on and taped the
conversation. Peacock said the woman asked the police officer if she
wanted him to steal her anything and he asked for a pair of pants.
Bond for Acey, 36, 602 N. Bethel St., was set at $1,000 on the criminal
attempt at shoplifting charge and $25,000 on the felony charge of
violating his oath of office as a sworn police officer.
According to an arrest warrant signed at 4:45 p.m. by Judge Caldwell,
"Acey, on May 26, 2004, committed the offense of criminal attempt at
shoplifting by ordering clothing to be stolen by Tawana Stewart, a
substantial step toward committing the crime of shoplifting."
A second warrant accuses the police lieutenant of committing "the offense
of violating his oath of office as a City of Thomaston Police officer when
he committed the offense of criminal attempt to shoplift."
=====================
Peeping Tom charges filed
Police officer arrested Monday at tanning salon
BY MURIEL TAN
Staff Writer
A 31-year-old Columbus police officer who allegedly climbed over a wall to
sneak a peep at a woman undressing inside a tanning salon remained jailed
Tuesday night on misdemeanor and felony charges.
James Iturralde, of Olde Towne Drive, was arrested Monday afternoon after
a customer at a Milgen Road tanning salon noticed a man peering over a
wall as the nude woman was preparing to enter a tanning bed. Iturralde was
charged at the scene with one count each of being a Peeping Tom and of
threatening or bribing a witness, a police report said. The officer
remains on administrative leave without pay pending a departmental
investigation, Columbus Police Chief Willie Dozier said.
"It's unfortunate and we hate that it happened," Dozier said Tuesday.
"It's not the kind of act we expect out of our officers but when there's a
complaint that's been lodged, we're going to actively investigate."
Iturralde was arrested shortly after 4 p.m. when the customer, a
23-year-old Columbus woman, reported the incident to Beverly Mead,
identified by police as the owner of Aloha Tan at 6381 Milgen Road.
The woman told police that she was nude at the time she saw a man looking
over the wall into her tanning room, police said.
Upon spotting the man, the woman asked, "What are you doing?"
The man then climbed back down, police said. The woman said she got
dressed immediately and notified Mead.
Mead later identified the man seen leaving the room as Iturralde. Mead
told police Iturralde had recently signed up for a membership and had been
an occasional guest.
After the alleged incident, police said the man approached Mead to ask her
what was going on.
"Ms. Mead stated, 'She's already called the police, James,' " the report said.
The victim also claimed Iturralde approached her before police arrived,
offering to give her $190 because he didn't "want any trouble," the woman
told police.
Iturralde is scheduled for a Columbus Recorder's Court hearing at 2 p.m.
today.
=====================
Fountain Hill officer charged, suspended
By Manuel Gamiz Jr.
Of The Morning Call
A Fountain Hill police officer has been suspended without pay because he
was arrested last weekend on charges he hit his girlfriend, Mayor Stephen
Repasch said.
Jeffrey Hudak, 40, of 1003 Crane St., North Catasauqua, was charged June
18 with simple assault and harassment. North Catasauqua officer Benjamin
Tucker said in court documents that Hudak hit Nicole Eckrote above an eye
about 8 p.m. while they were arguing in Hudak's home.
Hudak was sent to Northampton County Prison under $15,000 bail by District
Justice Ralph Litzenberger and posted bail the next day. On Monday,
Fountain Hill police investigated the incident, according to Repasch.
Repasch said Hudak, a six-year-veteran of the force, has been suspended
twice before for problems within the department, but would not elaborate.
Repasch said Hudak was told to hand in his badge Wednesday and was
suspended at least until the next Borough Council meeting, July 6, when
''council has the ability to review and decide what his status will be.''
''In the community, he has a very good reputation,'' Repasch said. ''But
we have had some incidents with him that I would rather not go into.''
Fountain Hill Police Chief Albert Rohrbach, who is out of the office on
injury leave, could not be reached.
A preliminary hearing for Hudak is set for July 8 before District Justice
Joan Marinkovits.
=====================
TIVERTON, R.I. (AP) -- A Tiverton police sergeant and Rhode Island
National guardsman is suing town and department officials, charging them
with retaliatory behavior against him.
Sgt. Charles Mulcahy is suing several former officers, superiors and local
officials, two of whom are still Town Council members, for allegedly
retaliating against him with extreme and outrageous conduct for blowing
the whistle a decade ago on a detective who was convicted on drug
trafficking and bribery charges, The Providence Journal reported.
That former detective, William Sedoma, was convicted of aiding drug
traffickers, bribery, extortion, fraud, corruption and several other
offenses. He is serving a 24-year federal prison sentence.
Mulcahy, whos been with the department for 17 years, filed the lawsuit in
1996. The suit had been delayed for many reasons including Mulcahys
yearlong deployment to Iraq.
Last week, a jury was chosen and opening statements were given in Newport
Superior Court. Mulcahy testified and was to continue testifying on Monday.
ÛMulcahyÝ has been threatened and discriminated against by Ûthose he is
suingÝ regarding his compensation, terms, conditions location and
privileges of employment, the filed documents stated. Such threatening
and discriminatory actions have seriously affected his prospective career
as a police officer.
Mulcahys lawsuit stated that his suspicions regarding the detective were
ignored by the police chief and resulted in retaliatory behavior,
including threats by fellow officers.
He was placed on emergency administrative leave, pending receipt of a
satisfactory psychological evaluation, stated the lawsuit. The leave and
other suspensions lasted on and off for almost two years.
His suit stated that complaints to the Town Council, including a request
that the council investigate Mulcahys suspicions of misconduct and
corruption within the department, were ignored
The police didnt begin investigating Sedoma until 1997--three years after
Mulcahy first reported his suspicions-when a drug sting that an undercover
officer had been working on for days failed. The officer suspected someone
within had tipped off the drug ring. Sedoma was arrested in 1999 and
convicted in 2001.
Mulcahy is asking for compensation for intentional affliction of emotional
distress, negligent hiring and retention, defamation, invasion of privacy
and a couple of other charges, according to The Providence Journal. The
complaint was filed under the Rhode Island Whistleblowers Protection Act.
The trial is expected to last four to six weeks with about two dozen
witnesses testifying.
=====================
Husband joins cop wife in cuffs
BLUFFTON: Spouse of reserve officer charged in multimillion-dollar scam.
By Stephanie Ingersoll
Carolina Morning News
The husband of a Bluffton police officer accused of scamming an elderly
couple out of millions of dollars was arrested Wednesday and charged with
criminal conspiracy.
Nathan Cramer, 32, of Bluffton was taken to the Beaufort County Detention
Center. His arrest came three weeks after his wife, Lisa Cramer, 34, was
charged with financially exploiting a vulnerable adult.
Lisa Cramer was a part-time officer for the Bluffton Police Department.
Another Bluffton officer, Lt. Benito Reyes, 48, was also charged with
criminal conspiracy in the case.
Both officers remained suspended with pay Wednesday following the outcome
of a criminal investigation, said Bluffton Police Chief John Brown.
Because the case remains under investigation, many details were not
available Wednesday, said Beaufort County Sheriff's Office Spokeswoman
Debbie Szpanka.
But according to arrest warrants, Lisa Cramer bilked an elderly Hilton
Head Island married couple out of more than $4.5 million over five years
while acting as their "housekeeper." Both of the alleged victims are in
their 90s.
She used the couple's money to buy land, homes and other items of value
for the Cramers' own use.
The elderly couple's money may have even been used to buy two police cars
for the Bluffton Police Department. The cruisers were assigned to Lisa
Cramer and Reyes.
After the officers were arrested June 2, the cars and computer equipment
allegedly "donated" by the couple were taken out of service, Brown said.
The Cramers' and Reyes' arrests came after a two-month investigation by
the Beaufort County Sheriff's Office and the South Carolina Law
Enforcement Division.
The probe was launched after bank employees reported concerns that the
elderly woman didn't seem to know what she was signing when Lisa Cramer
took her to the bank for financial transactions.
The Bluffton Police Department is cooperating with the Sheriff's Office
investigation, Brown said.
=====================
June 21, 2004
Fired police officer seeking reinstatement
# Discharge followed probe of alleged sexual misconduct
The Associated Press
A Moss Point police officer who was fired earlier this month wants his job
back.
Officer Tommy Nabb, 35, plans to approach Mayor Frank Linn and the board
of aldermen about being reinstated.
He was fired June 7 for department policy violations, after an
investigation into an alleged incident of sexual misconduct involving a
female inmate. No criminal charges have been filed against Nabb.
"I believe the city of Moss Point had no basis to discharge him," said
attorney Calvin Taylor, who is representing Nabb. "No. 1, he's innocent,
and, two, he didn't do anything in violation of duty as a uniformed officer."
City officials say Nabb searched a female prisoner without a witness and
outside of the view of video surveillance in the cell.
"If you're going to put criminal charges on a man, they need to do it and
stop playing around and messing with a guy's life," said Chico McGill, the
attorney for the International Brotherhood of Electrical Workers Local
733, under which the police officers' union falls.
=====================
Former probation officer is convicted of misconduct
By Patrick Winderl/Havre Daily News/pwinderl@
havredailynews.com
A former Havre probation officer was found guilty this morning of official
misconduct for engaging in sexual acts with a woman he was assigned to
supervise.
State District Judge David Rice convicted Edward L. Schmidt after a
one-day nonjury trial.
According to the charging document, Schmidt required the woman to call him
excessively, talked to her about sexual matters, and on three occasions
masturbated in her presence while touching her.
Rice returned the guilty verdict at 11 a.m. following closing arguments.
Earlier in the morning he denied a last-minute request by the defense to
dismiss the charge against Schmidt.
Defense attorney Dan Boucher argued on Tuesday afternoon that the charge
should be dismissed because the state's case did not meet the statutory
definition of official misconduct. In order for a public servant to be
charged with the offense, the official must have committed a crime, he said.
Boucher cited several prior cases, including one in which a prison guard
was charged with official misconduct for falsifying his time cards.
"In that case, the underlying offense was theft," Boucher said. "In this
instance, there is no regulation or statute that the state alleges Mr.
Schmidt violated."
If Schmidt engaged in the alleged behavior, it would be "boorish and
inappropriate," but not illegal, Boucher said.
Assistant attorney general Barbara Harris told Rice she was confident that
the state had met the requirements to prosecute Schmidt for official
misconduct.
"He performed an act in excess of his lawful authority with the purpose to
obtain advantage for himself through sexual gratification," she said.
Rice ruled against Boucher's request this morning.
The alleged victim was the first witness to testify on Tuesday.
Struggling sometimes to hold back tears, the woman said Schmidt often gave
her rides in state-owned and personal vehicles, made sexually suggestive
comments, and ejaculated on her sofa and carpet.
Harris asked the woman to describe her relationship with Schmidt.
"He was my god. I was dependent on him," she responded.
"What was the benefit to you to keep him happy?"
"I wouldn't go to jail."
The woman was on the stand for about two hours. Her testimony was followed
by that of criminal investigator Ken Thompson.
Thompson described interviews he had with Schmidt and the alleged victim,
and discussed evidence he collected in the case. Using an ultraviolet
light, he identified several areas on the woman's carpet and sofa that
might be seminal fluid, he said.
He removed the sections and sent them to the State Crime Lab in Missoula,
he said.
During cross-examination, Schmidt's attorney Francis McCarvel tried to use
Thompson to introduce evidence of the alleged victim's two convictions for
filing false police reports. The effort was quashed by Rice, who sustained
multiple objections by Harris to McCarvel's questions.
McCarvel told Rice he was confused at the rulings.
"This witness has a proclivity, a propensity, to lie to law enforcement,"
he said.
Rice responded by saying that law does not allow McCarvel to use the
woman's criminal convictions to discredit her.
Griffin testified that she found seminal fluid on the couch sample, and
that DNA found on the sample was consistent with that of Schmidt.
Under cross-examination by Schmidt's attorney Dan Boucher, Griffin
conceded that the sample included DNA from at least two people, and that
she "can't say specifically who the donor was."
Griffin also said she found no evidence of seminal fluid on the carpet
sample and that DNA is not unique to seminal fluid. It can also be
transferred from hair, blood, saliva and sweat, she said.
After the prosecution had rested and the witnesses were dismissed, Boucher
argued that the case be dismissed. The Schmidt worked in Havre for 11
years as a probation and parole office with the state Deparmtent of
Corrections. He resigned in September, five days after a meeting with
Thompson in which he was told that his DNA was found on the woman's couch.
Official misconduct is a misdemeanor punishable by up to six months in
jail and a $500 fine.
=====================
Court to hear appeal in police chief case
(Published Tuesday, June 22, 2004 10:48:26 AM CDT)
By Danielle Letenyei/Gazette Staff
Former Orfordville Police Chief Terry Morris' appeal of a decision to fire
him will be heard by Rock County Judge John Roethe at 10:30 a.m. Tuesday,
July 13.
Morris' disciplinary hearing was held over five days in January. He was
accused of 22 violations of village procedures and criminal laws including
charges of conduct unbecoming of an officer, use of profane language,
immorality, violation of gambling laws, misconduct in public office and
conflict of interest.
Calling Morris an embarrassment to law enforcement, hearing examiner Tom
Alisankus fired him on April 26.
Morris is appealing Alisankus' decision on the grounds that there was no
just cause to terminate him and that the proper procedures were not
followed in his prosecution, Morris' attorney, Richard Rice of Madison, said.
Last month, Rock County Judge Daniel Dillon denied a lawsuit filed by
Morris to block the disciplinary proceedings. Morris and Rice argued that
the village board violated its own ordinance requiring a two-thirds vote
to take disciplinary action against Morris.
The board voted 4-3 to hire Alisankus to act as hearing examiner.
In his decision, Dillon agreed with a village attorney that state statutes
requiring a majority vote, not two-thirds, to discipline a police chief
take precedence over the village ordinance.
=====================
Article Published: Friday, June 18, 2004 - 10:55:40 AM EST
P.D.: Employee admits stealing lottery tickets
By Karen Gardner
North Adams Transcript
NORTH ADAMS -- The theft last week of about $400 worth of lottery tickets
from a State Road gas station allegedly turned out to be an inside job,
according to local police.
Although the company apparently has decided not to press charges, the
person responsible for the theft has been fired, said Sgt. William
Norcross of the North Adams Police Department.
On Friday, June 11, city police received a call at 9 p.m. from an
attendant of the Gibbs Oil Co. at 303 State Road.
Norcross said the caller, Christopher Barbeau, 23, of 1003 N. Hoosac Road,
Williamstown, reported the gas station had been robbed of about $400 in
scratch tickets at around 8 p.m.
Barbeau told police he had left the store to assist an elderly man in
filling a gasoline can and while he was doing so, a red car with two white
men with brown hair pulled up, and the passenger went into the store, said
Norcross.
According to the police report, "The attendant went in one door and as he
was going in, the other guy went out the other door, got back into the red
car and they left toward Williamstown," Norcross said.
The attendant said he didn't notice anything missing until he counted the
lottery tickets, said Norcross. He added the store manager stated she
would notify the Lottery Commission of the theft, the number of tickets
missing and the particular game.
Officer James Foley returned to Gibbs on Wednesday to follow up because he
had not heard back from the manager, said Norcross.
At that time, the assistant manager of the store told Foley an attendant
had made "a complete confession by admitting that he had stolen the
tickets," Norcross said.
He said the local Gibbs manager is going to reimburse the Lottery Commission.
"Because it was an inside thing, they did not want to pursue this
criminally," Norcross said. "He was subsequently fired from Gibbs as a
result of this incident."
Norcross said he did not expect charges to be filed.
"The guy lost his job. The store doesn't want any criminal charges," he
said. "If the store wanted charges, we would certainly oblige them. They
wanted to handle it internally."
When contacted Thursday afternoon, an assistant manager at Gibbs declined
to comment.
=====================
FBI probing Sheriff's Department
By DAVE UMHOEFER
dumhoefer@
journalsentinel.com
Posted: June 9, 2004
The FBI is investigating possible civil rights violations by the Milwaukee
County Sheriff's Department after new sexual-assault charges against a
deputy who kept his job and continued to escort lone female inmates
despite similar allegations dating back nine years.
40480Quotable
This shows what happens when you don't hold your own accountable. Somebody
else will.
- David A. Clarke Jr.,
Milwaukee County sheriff
Related Coverage
Editorial: Board thwarting Clarke
Recent Coverage
6/8/04: Discipline efforts stir up dispute
Advertisement
The FBI opened its review at the behest of family members of the woman
whom Delano L. Terrell is accused of assaulting earlier this year.
Terrell tricked the Milwaukee County House of Correction into busing the
inmate downtown for a phantom court date in February, led her in handcuffs
into a jury restroom, released the restraints, then assaulted her before
warning her to remain silent and leading her back to a holding cell,
according to a criminal complaint and disciplinary charges.
The deputy said he timed the ruse for late February because the
21-year-old inmate's real court date in March coincided with Terrell's
scheduled vacation, the woman told sheriff's investigators. She was a
familiar figure in the jail, where she had been held for months awaiting
trial and retrial on charges related to gang-related, drive-by shootings
in Milwaukee last summer.
Terrell pleaded not guilty to the charges last week and has declined to
comment. He denied the allegations to Sheriff's Department internal
affairs investigators.
The 42-year-old bailiff, who was acquitted in an eerily similar case four
years ago, is at the center of a deepening dispute over the Sheriff's
Department's ability to police itself, particularly its male officers in
the company of female jail inmates.
The inmate's civil lawyer, Lawrence Zieger, says he is preparing to sue
Milwaukee County over the assault and is demanding an independent
investigation of Terrell's conduct and that of other deputies who work
around inmates.
Zieger contacted the FBI after his client came forward with the allegation
against Terrell.
"We are most concerned that this may be a pattern and practice not unique
to Deputy D. Terrell or that this has been one of multiple events Deputy
D. Terrell has practiced in the past . . .," Zieger wrote to the FBI.
Milwaukee County Sheriff David A. Clarke Jr., who is seeking to fire
Terrell, said his department was cooperating with the FBI. The federal
agency launched a "preliminary review" and sought agency records on
Terrell in March, according to a letter that Milwaukee FBI special agent
in charge David Mitchell sent to Clarke.
Clarke, who took office in 2002, and his predecessor, Lev Baldwin, are
pointing fingers at each other - and collectively at the county's
Personnel Review Board - over Terrell, a former musician who started as a
deputy in the jail in 1992.
"This shows what happens when you don't hold your own accountable," Clarke
said of the FBI's interest. "Somebody else will."
FBI spokeswoman Monica Shipley said the investigation was ongoing. The
department opens a civil rights case in response to a complaint when it
determines that allegations appear to support a potential violation,
Shipley said.
The new criminal charge against the deputy was filed in April.
In the earlier case, his accuser was a niece of a top-ranking Sheriff's
Department commander at the time. She was a jail inmate being escorted
alone in a courthouse elevator by Terrell, and she made known to him,
before the alleged assault, her connection to the official, trial
transcripts show.
The jury in that case was left to decide between the uneven testimony of
the inmate and denials by Terrell, whose character witnesses included
county Court Commissioner Frank Liska.
Earlier incidents
Twice in the mid-1990s, Terrell was investigated by the Sheriff's
Department after complaints that he had sex with jail inmates, Clarke said.
One allegation was deemed "not sustained" - neither proved or disproved in
sheriff's parlance - and the other totally unfounded, said Sheriff's
Department Inspector Kevin Carr, who quoted from internal records that
were not released.
In one of the cases, the allegation was referred to the district
attorney's office, which said no charges were appropriate. The allegations
were made in 1995 and 1996; Baldwin took office in 1997.
Clarke faults Baldwin for dropping a discharge action against Terrell in
2000, after the jury acquittal in the first criminal case. Baldwin still
could have pressed the case with the Personnel Review Board, which a
requires lower standard of proof than a criminal court, Clarke said.
"We can't just go by whether a crime is charged," Clarke said. "This
should have been taken care of."
But Baldwin said, "How do you go after him again when he was found not
guilty?"
Baldwin questioned why Clarke had allowed Terrell to escort lone female
prisoners, saying that it violated departmental policy.
Indeed, in response to the first criminal case against Terrell, Deputy
Inspector Pete Misko in April 2000 ordered that lone inmates could be
escorted only by a deputy of the same sex. If that was not possible, at
least two deputies would have to do the escort, the order says.
"He's had more than two years in office, so when does any of this become
his responsibility?" Baldwin said of Clarke.
The Misko order remains in place and is generally followed, said Clarke
and deputies.
But Clarke disputes whether Misko's order applies to escorts between
courtrooms and adjacent holding cells or "bullpens" where inmates wait to
be called into court. In the current case against Terrell, the alleged
attack occurred between the bullpen and a courtroom.
Clarke said that it was bad management to cover an isolated problem with a
sweeping policy.
Both Clarke and Baldwin have been critical of the Personnel Review Board,
which has softened or overturned some attempts to discipline deputies in
recent years. It hears appeals of major disciplinary penalties.
Currently, Terrell is suspended while his termination case is decided
-with pay, as state law requires.
On Tuesday, the Personnel Review Board agreed to delay scheduling a
hearing on Clarke's move to terminate Terrell. The vote came over the
objections of a lawyer for the county, Mary Ann Grimes, who said
"taxpayers can't afford that."
Terrell will simply invoke his constitutional right not to incriminate
himself if called to a disciplinary hearing now, said his attorney,
Jonathan Cermele.
On his way out of the hearing room, Terrell told a reporter he could not
comment until his criminal case was decided.
"It'll all come out," said Terrell. "God bless you."
=====================
Bravest's new drink headache
BY GREG GITTRICH
DAILY NEWS STAFF WRITER
An off-duty firefighter allegedly caught with a dozen open cans of beer in
his car was charged with driving drunk in Queens yesterday - the latest
booze-related embarrassment for the city's Bravest.
Concerned by the rash of alcohol-related incidents, Fire Commissioner
Nicholas Scoppetta announced yesterday the creation of a committee to
review department regulations and penalties related to the use of drugs
and alcohol.
The group, led by FDNY Chief of Operations Salvatore Cassano, will review
policies governing the use of alcohol by firefighters, both on and off duty.
Scoppetta said he ordered the review to make certain the rules and
regulations are "consistent and unambiguous."
"I also want to take a hard look at the current penalties for violating
these policies, to make certain we're doing everything we should to
discourage alcohol abuse, both on and off duty," Scoppetta said.
In 2002, Scoppetta instituted a "zero-tolerance" policy for drug use and
earlier this year he announced plans for random drug testing of on-duty
firefighters. The testing is expected to begin next month.
Firefighter Gerard Ferrin, 47, who was busted early yesterday, became the
26th firefighter arrested this year on charges of driving while
intoxicated or impaired - compared to 27 comparable arrests for all of
last year.
Ferrin, of Shirley, L.I., was arrested at Beach 108th St. and Rockaway
Blvd., about 10 blocks from his firehouse, Engine 266, police said.
He appeared to be sleeping inside his Toyota Celica about 4 a.m., but
attempted to start the engine when cops approached, police said.
Cops found a dozen open cans of beer in the back seat, along with nine
more beer cans inside a cooler, a police source said. Ferrin, a 19-year
veteran, refused to take a Breathalyzer test but cops said he smelled of
alcohol. He was suspended without pay by the Fire Department.
In April, Mayor Bloomberg committed $500,000 for drug and alcohol testing
of FDNY personnel after one of the most unsettling scandals - a New Year's
Eve brawl in a Staten Island firehouse that left one firefighter in a coma.
=====================
Jun 14, 10:15 PM
Bad behavior allegations may cost Cocoa police captain his job
BY J.D. GALLOP
FLORIDA TODAY
A Cocoa police captain under scrutiny for allegations of bad behavior will
know by next week whether he can keep his job with the agency.
Meanwhile, at least a dozen local civil rights activists turned up at City
Hall to offer support for Capt. MacKinley Smith, the highest ranking
minority officer with the Cocoa Police Department.
Police Chief Phillip Ludos recommended Smith be fired after ordering a
review of his past comments to at least two dozen employees.
A report found Smith made off-color remarks that ranged from the sexuality
of some employees to making perceived threats.
"The NAACP is going to be truly watching this situation," said Alberta
Wilson, president of the Central Brevard branch of the National
Association for the Advancement of Colored People.
Ludos, along with the city's administrative services director and Smith's
attorney, also attended the meeting.
"This is an issue of whether employees' complaints are substantial enough
for us to warrant termination," said Wendy Widmann, administrative
services director for Cocoa.
Widmann also said she was unaware of any protests or gatherings in front
of City Hall.
"There were some people outside, but I didn't know if they were there to
pay utility bills," Widmann said.
Smith, a longtime veteran of law enforcement on administrative leave with
pay, could learn the city manager's decision by Friday or Monday.
Contact Gallop at 242-3668 or jdgallop@
flatoday.net
=====================
Police say cop was drinking
After crash, his blood-alcohol level was 0.23, officials say
June 22, 2004
BY NANCY A. YOUSSEF
FREE PRESS STAFF WRITER
A Detroit police lieutenant suspected of killing a motorist while driving
the wrong way on a one-way street had a blood-alcohol level nearly three
times the legal limit, police officials close to the investigation said
Monday.
Lt. James Agee, 55, of the 13th (Woodward) Precinct, had a blood-alcohol
level of about 0.23, the police officials said. The legal limit in
Michigan and many other states is 0.08. The police officials spoke on
condition of anonymity because they said they feared retribution.
Nehemiah Thompson, 20, had just dropped off his girlfriend, and was less
than two blocks from his home when Agee's SUV reportedly slammed into his
car as he turned left from Warren onto Burns, on Saturday around 3:15
a.m., his family said.
Police said they found a pint of Courvoisier cognac that was
three-quarters empty on the hood of Agee's Chevrolet Blazer, which they
said contained a grocery bag that smelled of alcohol and had fresh-cut
lemons and partially melted ice in it.
Thompson worked full-time for the city's Department of Human Services and
attended Henry Ford Community College. His family said it still is
finalizing funeral plans and likely will have more information today.
Agee was not on duty at the time of the accident. The police department
has suspended him with pay.
Assistant Chief Walter Shoulders said the chief likely would ask the Board
of Police Commissioners to suspend Agee without pay once he is formally
charged. The board meets Thursdays.
The department plans to make a warrant request to the Wayne County
Prosecutor's Office Thursday, Shoulders said.
After the crash, Agee was taken to St. John Hospital in Detroit, where
doctors drew his blood and used it to measure his alcohol level, police
said. He was then processed and released.
Police defended their decision not to arrest Agee, saying he was not a
flight risk.
According to the Secretary of State's Office, Agee has not had a driving
infraction in the last seven years, the furthest back their records go.
But he did have disciplinary problems, police officers said.
In March, Police Chief Ella Bully-Cummings ordered that Agee be
reprimanded for leaving his police-issued weapon in his personal car,
which was later stolen with his weapon inside. He was off-duty at the time.
There have been 57 fatal crashes in the city this year, Marshall said.
Agee was one of two officers suspected of purposely driving down a street
the wrong way last weekend.
An officer from the 11th (Davison) Precinct collided with another driver
at Goddard and Grixdale on Sunday around 8 p.m. The on-duty officer told
officials he was traveling the wrong way while helping officers search for
a suspected car thief.
An officer who was a passenger in the police car suffered broken bones and
a bruised pelvis, said 11th Precinct Cmdr. Robert Dunlap. The other car's
passenger had minor injuries.
Dunlap said while it was unfortunate that two people were injured, he
commended the officer for coming forward and taking responsibility for the
crash.
=====================
Discipline efforts stir up dispute
Clarke again trying to fire deputy
By DAVE UMHOEFER
dumhoefer@
journalsentinel.com
Posted: June 8, 2004
As a dispute escalates over discipline of wayward deputies, Milwaukee
County Sheriff David A. Clarke Jr. is trying again to fire a deputy who
kept his job after smashing into another car and fleeing while intoxicated
off duty.
40417Archived Coverage
7/31/03: Deputy charged in hit-and-run
Advertisement
Clarke is attempting to build a perjury case against Deputy Victor Erato
III, whose dismissal was overturned by the county's Personnel Review Board.
The Erato decision was among setbacks dealt to Clarke as he tried to levy
stiff punishment in several episodes, including some well-publicized and
embarrassing incidents involving deputies.
Clarke insists he is attempting to raise standards in a department he says
was shockingly low on integrity at the time of his appointment in March
2002. But some members of the review board say Clarke has overreached and
failed to prove rules violations, and Deputy Sheriffs Association leaders
say Clarke is grandstanding and off base.
The stakes in such cases can be high for all sides. In another case
pending before the review board, Clarke is seeking to fire Delano Terrell,
a deputy charged recently with sexually assaulting a female inmate at the
courthouse. It's the second on-duty criminal assault charge against
Terrell in four years; he kept his job after the first case when a jury
acquitted him in 2000.
In the Erato case, the deputy was convicted in the hit-and-run accident
that left two people with minor injuries. He will soon be splitting his
days between the desk job to which Clarke assigned him and a cell in the
House of Correction for nine months.
The review board in March reduced Clarke's punishment of Erato to, in
essence, eight months without pay - the time he'd been off work while
awaiting resolution of his appeal to the personnel board.
Clarke then referred the perjury allegation to Milwaukee County
prosecutors, but they declined to press charges, Inspector Kevin Carr
said. The referral was based on Erato's testimony to the review board,
although Carr declined to provide details.
Erato's attorney and leaders of the deputies union call Clarke's actions
harassment.
"Any deputy who has prevailed at the PRB has to be concerned about what
his future in the department is," lawyer Dennis Coffey said. "The sheriff
is out of sorts by virtue of the fact he's not getting his way."
In the most recent reversal, the review board dismissed 30- and 60-day
suspensions, respectively, against Deputies Steven Gunn and Andrew
Halstead. The two handled security two years ago in a courtroom where
murder defendant Laron Ball escaped, stole two weapons and terrorized
jurors before being shot to death. The department had received clear
warnings of Ball's intent. Clarke failed to prove rules violations, the
review board found.
In another 2002 case, the review board more than halved the combined
60-day suspension given to Deputies Steven Karabon and Lisa Biro-Bauer
after two convicts escaped their watch at a drop-off in front of the
Waupun Correctional Institution.
In a case stemming from the 2001 jail escape of convicted killer DeCarlos
Young, Sgt. Richard Gellendin's demotion was dismissed by the review board
in 2003.
Making a case
The five-member Personnel Review Board, appointed by the county executive,
handles appeals only in serious disciplinary cases. The county panel
includes lawyers, a former Milwaukee police detective and others. The
county's own attorneys represent department heads, while deputies
typically have union-provided counsel or pay their own private attorneys.
Clarke believes the board should show more deference to an elected
official's decisions and treat law-enforcement cases differently.
But Helen Dixon, president of the review board, said board members agree
with Clarke that law enforcement officers should be held to a higher standard.
A frequent problem is that county managers, and particularly Clarke in
some cases, haven't documented violations well and are inconsistent in
meting out punishment, Dixon said.
If Clarke wants to ramp up punishment, "it would be my recommendation that
he craft a written policy," Dixon said.
In the Erato case, board members appeared swayed by testimony that no
other deputy had been fired for an alcohol-related crash.
Clarke argues that hit-and-run is a more serious offense for deputies, who
must earn the trust of the public, and notes that Erato had a
drunken-driving conviction before joining the department.
Clarke said, "What does he have to do to get fired, kill someone?" In a
letter to the review board, he called the decision "typical of a
bureaucratic mind-set where the interest of the employee trumps the needs
of the public."
Retired lawyer Paul Prentiss, a review board member, called the Erato case
difficult, with conflicting evidence. The board took into account Erato's
sobriety since the crash, said Prentiss, who represented management in
labor relations cases for years.
"That's not chopped liver," Prentiss said of Erato's eight months without pay.
Sheriff's Department internal affairs records show that Clarke has issued
52 suspensions in a little over two years and has tried to fire nine
deputies. The suspensions ranged from one to 60 days.
Motivations questioned
James Fuerst, Deputy Sheriffs Association president and a deputy working
in the jail, said Clarke was "piling on" to score political points and
often ignored punishment recommendations by his top command staff.
Several times, Clarke has held news conferences immediately after escapes
and other episodes and prejudged the facts, Fuerst said. "He shoots from
the hip," he said.
The sheriff, the union notes, does not lose every time on appeal. One
example: Clarke's 30-day suspension of Deputy Robert L. Ott, for urinating
outdoors during Harley Fest, was upheld. In a separate incident that
earned him a 30-day suspension he recently decided not to appeal, Ott was
accused of yelling at an unruly female in the jail booking area: "You're
nothing but tax siphons and whores; someone needs to get a Glock and put
her out of her misery."
For his part, Clarke says, "I'm not here to punish; I'm here to modify
behavior." He said he is working to improve hiring practices and to
overturn a "culture of complacency" and lack of accountability he inherited.
But union leaders say that what they consider Clarke's heavy-handed
discipline has hurt morale. "Threats of punishment don't motivate better
behavior," Fuerst said. "We're professionals."
Clarke says he fears that if his punishment decisions continue to be
overturned, a "dangerous" mind-set could take hold among his officers.
"It's the idea that 'We don't have to worry about anything we do because
the PRB will overturn it,' " he said.
Referring to serious allegations such as sexual assault made against
deputies, Clarke said, "Would you allow yourself, if you were a woman, to
be pulled over at 3 in the morning on the freeway . . . if you think this
is an organization that has rapists and people like that?"
=====================
Rosen's family blasted by judge
They're attempting to influence his rape trial, she asserts.
By Mareva Brown -- Bee Staff Writer
Published 2:15 am PDT Thursday, June 24, 2004
Get weekday updates of Sacramento Bee headlines and breaking news. Sign up
here.
Saying Darryl Rosen's family was deliberately trying to cause a mistrial
or sway jurors with their actions on several occasions, the judge in his
rape trial on Wednesday verbally chastised family members, warning they
could face contempt charges if there are further incidents.
Judge Gail D. Ohanesian spoke directly to several family members of the
former Sacramento police officer before jurors entered her courtroom on
what was to be the last day of testimony in the case.
"I find this conduct to be intended to delay the trial and cause a
mistrial," she said before giving Rosen's attorney 10 minutes to produce
the identities of various family members involved in a public conversation
about a police officer's gun belt last week.
She also told the attorney, Christopher Miller, to name two family members
who allegedly told one juror to "shut her ears" when she mentioned that
she was a juror as they discussed the case in the courthouse hallway.
Miller said no family members were aware of that incident.
Ohanesian said both of those incidents were calculated to cause a mistrial.
Rosen's attorney had asked the judge for a mistrial on Tuesday after a
daylong inquiry into potential juror misconduct. The judge denied his
motion, saying she was "impressed" with the jurors and that she believed
they were taking their duties "very seriously."
On Wednesday, she singled out Rosen's wife, Sacramento Police Detective
Christel Rosen, for criticism, saying that she observed her crying in the
courtroom gallery on Tuesday.
"I find this to be conduct deliberately intended to garner sympathy with
the jury," Ohanesian said.
"I do understand this is difficult for you, but if you can't maintain your
composure, I'll have to ask the deputy to escort you out of here."
Last week, the judge cautioned family members to avoid personal outbursts
after one of the primary investigators on the case reported Christel Rosen
had threatened her as they left the courtroom during a lunch break.
Through Miller, Christel Rosen denied making the threat.
On Wednesday, Ohanesian appeared particularly displeased with the Rosen
family's gun belt discussion, which took place on picnic tables outside an
entrance to the courthouse last week.
According to Miller's report to Ohanesian, six family members and friends
of Rosen's were seated at one picnic table when they were joined by
Rosen's two sisters and the boyfriend of one of them, sheriff's Deputy
Mark Maubach, who was in uniform.
The group began talking about the Sam Browne gun belt that Maubach was
wearing, and he took it off and handed it to a civilian friend of the
family who was present.
The components, weight and awkwardness of the gun belt have been the
subject of testimony from various witnesses because Rosen contends that he
could not have had time to remove his gun belt, rape a 16-year-old
handcuffed prisoner in his back seat, replace the gun belt and make it to
juvenile hall in the time recorded on dispatch records.
"Any number of jurors could have seen it," the stern-faced judge said on
Wednesday.
She specifically addressed Rosen's father, Dan, a veteran CHP officer,
asking if he realized that type of conduct was inappropriate. She also
mentioned that other members of the family are law enforcement officers
who should have known not to discuss elements of the case in public.
"Anything remotely similar to this, that jeopardizes the remainder of this
trial, could be deemed a violation of a court order," she warned. Anyone
who violates a judge's order could face civil contempt of court charges.
The gun belt discussion probably would not have come to light had it not
been overheard by two courthouse deputies who erroneously suspected the
group discussion involved jurors in Rosen's case.
On Tuesday, the judge spent 90 minutes hearing testimony from those two
deputies and individually polling jurors about whether they had ever
discussed a Sam Browne police belt or eaten lunch with other jurors on
picnic tables outside the courthouse.
After all the jurors were polled - and one of them was erroneously
identified as one of the men asking questions about the gun belt - Miller
told the judge that the incident involved family members. The admission
appeared not to sit well with Ohanesian.
"After spending an hour and a half on what turned out to be an unnecessary
incident, they were present in the courtroom at the time," the judge said.
Miller apologized for the incident and tried to shoulder the blame, saying
that Rosen's father had tried to get his attention when jurors were being
polled but that Miller didn't realize what was going on until a break in
the case. By then, the polling was complete.
Testimony in the case continues today at 9 a.m.
=====================
Intelligence officers tied to death coverup
By Mike Leary
Sun National Staff
Originally published June 25, 2004
Col. Thomas M. Pappas, the commander of military intelligence at Abu
Ghraib prison, exclaimed, "I'm not going down alone for this," then
participated in a cover-up after a prisoner died from a blow to the head
during interrogation last December, according to vivid and dramatic
testimony yesterday before an Army court in Baghdad.
After a discussion between Pappas and several other officers and "OGA
guys," a cover-up was hatched to spirit the corpse out of the sprawling
prison complex and dump it "in Baghdad somewhere," said Capt. Donald
Reese, the commander of the 372nd Military Police Company from Cresaptown,
Md. OGA is a euphemism the military commonly applies to CIA agents.
A lieutenant colonel named Jordan told another officer "to get some ice
out of the chow hall," Reese testified at a preliminary hearing in Baghdad
yesterday for Spc. Sabrina Harman, 26, one of seven low-ranking soldiers
under his command who have been charged with abuses at the prison.
While Reese did not supply Jordan's first name, Lt. Col. Steven L. Jordan
was the commander of interrogation at the prison.
A grinning Harman later famously posed with the corpse, one of a series of
gruesome pictures taken by fellow soldiers that have elicited worldwide
condemnation. She has been charged by the military with assault, an
indecent act and desecration of a corpse.
"What's more serious - taking your picture in front of a dead body or
killing someone?" shouted her civilian lawyer, Frank Spinner, at one point
during the hearing. "Has anyone been charged with murder?"
No high-ranking officers have been accused of any crimes in the Abu Ghraib
scandal, but Maj. Gen. Anthony Taguba, who subsequently conducted an
investigation of misconduct at the prison, said in a report that he
suspected Pappas, Jordan and two civilian contractors, Steve Stefanowicz
and John Israel, of being "either directly or indirectly responsible for
the abuses at Abu Ghraib."
Soldiers in the 372nd have said they were following orders from military
intelligence officers as part of a plan to elicit information from
prisoners by sexually humiliating and physically abusing them.
"I controlled the MPs inside, but it was run by the MI [military
intelligence] folks," said Reese of prison wing 1A, where prisoners
thought to have information of military value were housed. "They had the
ultimate say as to what went on there."
Reese said that the man who died during questioning was one of three
suspects in an attack on the Red Cross in Baghdad and was brought to the
prison alive by Navy SEALs. The other two suspects had been killed,
according to testimony.
By the time Reese saw him, the prisoner was dead, lying in a shower,
"bleeding from the head, nose, mouth."
"I was told that when he was brought in he was combative, that they took
him up to the room and during the interrogation he passed," Reese testified.
He said "the OGA guys were visibly upset this had happened" and Pappas and
Jordan were "talking about the situation."
The corpse was packed in ice, locked in a shower overnight, then fitted
with an intravenous drip to make it appear that the victim was still alive
when he was transported out of the hospital for disposal, according to
testimony.
Later during the hearing, Spc. Israel Rivera, a military intelligence
analyst, described a visit to wing 1A, where he witnessed Harman "happily
participating" in the abuse of inmates that was being directed by Spc.
Charles A. Graner Jr., one of the seven 372nd soldiers facing criminal
charges.
Graner was shouting "homosexual slurs" at the detainees, said Rivera, who
was reading Kafka's Metamorphosis while waiting to testify. "He was the
loudest and the one actually giving orders."
Rivera watched as the men were chained together and forced to mimic
homosexual activity. "Specialist Harman was one of the people instigating
it," he said, gesturing at them "with her hand, her finger."
He described the detainees as "very, very frightened." They were
"screaming, shouting, crying, begging," he said.
Meanwhile, he said, another military intelligence analyst named Cruz was
pelting the prisoners with a foam football from a higher tier in the
cellblock. Military investigators have identified a Spc. Armin J. Cruz as
one of the more aggressive interrogators at the prison.
Another witness, Sgt. Robert Jones, who described himself as a Baltimore
police officer in civilian life, said one of the soldiers under his
command, Spc. Timothy Wisdom, complained to him after witnessing prisoners
being abused and asked to be transferred out of the wing.
Jones said he took the matter up with Staff Sgt. Ivan "Chip" Frederick,
who oversaw the wing. Jones said he was so infuriated by Frederick's
behavior that the two came close to blows. "I want this young man away
from you," Jones said of Wisdom, whom he described as "very religious,
very moral."
He said Frederick, one of the seven charged in the case, ultimately agreed
to Wisdom's transfer.
Major Ron Schwartz has served as acting chief since Godby was found guilty
in May.
=====================
Testimony phase winding up in police brutality case
PUBLISHED: June 22, 2004
By Chad Halcom
Macomb Daily Staff Writer
Proper force in restraining an aggressive motorist, not brutality or
unprovoked assault, is the overall thrust as some former Mount Clemens
police officers complete their defense to criminal charges this week in
federal court.
Officials believe only one witness remains today for the defense, and
closing arguments could come as early as Wednesday in the alleged group
beating of a University of Detroit Mercy student following a traffic stop
in July 2002.
Facing charges in the case are former Mount Clemens police officers
Patrick Carson, Robert Hey, twin brothers Robert and Peter Jacquemain, and
Daniel Gerkey, on charges of conspiracy to defraud or deceive the federal
government, securing a person by unreasonable force and use of
intimidating tactics against witnesses.
Paxton, 24, a college student at the time, allegedly received a black eye,
bruising and a facial cut that required stitches after the July 2002
traffic stop by Mount Clemens officers. Federal officials allege that
officer Hey, an off-duty cop who had a roadway encounter with Paxton while
driving his own vehicle, signaled to the other officers who then chased,
him, grabbed him from his vehicle and beat him.
Seth Rosenthal, co-counsel for the prosecution and an attorney for the
U.S. Justice Department civil rights division in Washington D.C., said he
believes testimony could conclude today, and some defense attorneys in the
case echoed that view of events.
On the stand Monday was Robert Jacquemain, who like the others, denies any
use of excessive force and says the officers were containing Paxton as an
aggressor. Other witnesses, including one of the officers who has taken a
plea deal, have said the officers were the aggressive ones.
All of the officers involved in the assault incident were fired by
then-Police Chief L.J. McKeown as a result of the misconduct allegations.
The officers have appealed the action to the Mount Clemens' city civil
service commission.
Witnesses have told investigators that the officers handcuffed Paxton,
punched and kicked him and smashed his face into the police car on July
27, 2002. Paxton, who had not been drinking or using drugs, allegedly kept
asking what he had done wrong and pleaded with the officers to stop
striking him.
Officer Duane Poucher, 32, has taken a plea and awaits sentencing after
his testimony. Poucher claims that Robert Jacquemain approached him after
the alleged group beating and implied that the officers would now need to
fabricate a cover story.
The defense told The Macomb Daily on Monday that Jacquemain and several of
the others feel "harassed" by baseless allegations and would rather have
the officers' side of the story be known rather than hide behind courtroom
protections against self-incrimination.
Paxton has a $5 million federal civil lawsuit pending against the
officers, but that case is on hold while the criminal case proceeds.
=====================
Sacramento -- California's politically powerful prison guards union shuns
whistleblowers, rewards rogue officers and is a forceful impediment to
efforts to reform the state's corrections department, according to a
federal report released Thursday that also condemns former prison
administrators.
In a 127-page report that could lead to criminal charges against two
former high-ranking corrections officials, a federally appointed special
master concludes the state has been unable to police its prisons, allowing
guards accused of wrongdoing to dodge justice. The special master, John
Hagar, also calls for changes to a controversial labor pact between the
union and the state that he says makes internal affairs probes "almost
impossible.''
The report offers new insights into a prison system that has been reeling
from scandal. It also adds to the library of dramatic tales about lives
destroyed that has spilled into public view.
Edward Alameida, the former director of corrections, was diagnosed with
clinical depression after refusing to leave his house in January when a
preliminary version of the report recommended that he face criminal
contempt charges.
A whistle-blower at Pelican Bay State Prison who reported a guard's
assault on an inmate was labeled a "rat" by a union executive and
eventually left the department because of medical problems incurred by his
ordeal, according to the report.
The report is part of a federal judge's oversight of conditions at Pelican
Bay, the notorious lockup on the Oregon border. U.S. District Court Judge
Thelton Henderson ruled in 1995 that conditions at the prison violated
inmates' civil rights, and the court has been monitoring reforms there since.
John Hagar, a special master appointed by Henderson to work with prison
officials, wrote the report released Thursday. He has spent the last year
focusing on internal affairs investigations at the prison.
Hagar praised plans for investigating wrongdoing that have been devised by
new prison administrators appointed by Gov. Arnold Schwarzenegger. The
plans involve more oversight by an independent prison watchdog agency that
reports directly to the governor.
But Hagar noted that federal oversight will be needed for at least two
more years to ensure that new reform efforts work better than past
attempts. And he concluded that Henderson should determine whether
Alameida and Thomas Moore, who headed internal affairs for corrections,
should face criminal contempt charges for mishandling a perjury
investigation against three Pelican Bay guards -- and then trying to cover
it up.
The most heated criticism, however, is reserved for the California
Correctional Peace Officers Association. The union has enjoyed two decades
of ascending political power as its membership has grown and as it forged
alliances with governors and dozens of lawmakers.
Hagar portrays the union as a corrupting influence on the prison system.
He juxtaposes the union's treatment of two Pelican Bay officers as an example.
William Schembri told the truth about a fellow guard who assaulted an
inmate, and for that he was labeled a "rat," was shunned by members of the
state's politically powerful prison guards union and developed
stress-related stomach problems, according to Hagar.
Officer David Lewis, who also worked at Pelican Bay, shot and killed an
inmate and later was fired for using racial slurs directed at prisoners,
and he was honored at a union convention where he gave a speech.
Hagar says the union's lucrative contract with the state provides several
barriers to fixing internal affairs in corrections. He notes that
provisions of the contract require the department to provide quick notice
to a guard anytime an inmate files a complaint about the guard, for
example, which allows a guard to retaliate against his or her accuser.
Another provision allows the union too much leeway to sit in on interviews
and protect guards accused of crimes, he charges.
A union official, however, said Hagar showed "an amazing lack of balance''
and adamantly defended the union's right to protect members accused of crimes.
"If defending due process and the constitutional rights of our officers is
wrong, then we stand unapologetically guilty,'' said Lance Corcoran,
executive vice president.
Corcoran said the union, which is in talks now with Schwarzenegger over
raises due to members in July, was not interested in renegotiating the
aspects of the contract that Hagar objected to.
But Hagar said the contract "places inmate victims in immediate jeopardy
whenever they report the abuse of force. It also serves to prevent timely
and cost effective investigations, and provides the CCPOA with the ideal
instrument to enforce the code of silence,'' Hagar writes.
Reaction to the report, which state Sen. Jackie Speier, D-Hillsborough,
said was "a more riveting read than 'The Da Vinci Code,' " was varied.
Speier, who along with Sen. Gloria Romero, D-Los Angeles, has held
numerous hearings on prison problems, said the report "is a scathing
indictment of both the CDC (California Department of Corrections) and the
CCPOA.''
"There's a thug mentality that must be ended within the CCPOA,'' she said.
Hagar's report is expected to go to Judge Henderson this summer, and
Henderson will decide whether to pursue criminal charges and whether to
allow Hagar to further investigate the prison guards' contract to
determine if its provisions should be overturned.
Corcoran and other union officials have repeatedly scoffed at the notion
that they have too much control over state prison operations.
But a sworn statement submitted to Hagar by Alameida offers new evidence
of just how cozy the union was with the administration of former Gov. Gray
Davis, who received more than $3 million in contributions from the prison
guards.
Alameida describes two meetings he was called to with high-ranking Davis
administration officials and union executives when he was told to consider
union proposals for budget cuts that spared union members and slashed
manager positions.
A Davis spokesman said the former governor was preparing for a trip to
Taiwan and was unavailable for comment.
=====================
2 sentenced for prank death calls
Men get brief jail terms, must write to victims By GREGORY A. HALL
ghall@
courier-journal.com
The Courier-Journal
BY MICHAEL HAYMAN, THE C-J
Joseph Allgeier, left, and Michael Higginbotham, shown in March, must
serve one and two weeks in jail, respectively.
About Top Jobs
Two young men who impersonated police when they made prank telephone calls
last year - telling people that a loved one had been killed or hurt -
received less jail time than a prosecutor had requested.
Joseph Allgeier will spend a week in jail and Michael Higginbotham two
weeks in jail.
They also were ordered to write to their victims and recount their actions.
"I don't want any kind of mass-produced letters," Jefferson Circuit Judge
Denise Clayton told them yesterday.
The two made the calls and recorded them in March 2003. To place some,
they used a telephone directory from Trinity High School, which both had
previously attended, police said.
Both men pleaded guilty in March to 16 counts of impersonating a police
officer. They entered Alford pleas, in which a defendant maintains
innocence while admitting that the evidence is sufficient for a conviction.
Under a plea agreement, Clayton could have sentenced Allgeier to jail for
45 days and Higginbotham for 90 days.
The difference in recommended sentences was based on the involvement each
had in the calls, prosecutor Kristen Poindexter said last month.
Higginbotham made the calls, and Allgeier recorded them.
In addition to his week in jail, Allgeier will have to do labor for the
Waterfront Development Corp. for 38 days.
During his two weeks in jail, Higginbotham will be allowed out to work at
his full-time job, Clayton said. He also will have to work 46 days for
Waterfront Development.
Both men also will have to work without pay at charities selected by the
victims' families.
Poindexter said that she was disappointed that the men won't have to spend
more time in jail, saying she thought the sentences recommended in the
plea agreement were fair.
Victim Tom Volk said more jail time might have helped both men appreciate
what they had done. He said he was more disappointed in the case of
Allgeier, who has a burglary case pending in Jefferson District Court and
had an assault case dismissed.
"Obviously, Joey's not getting the message with all his other arrests,"
Volk said.
In court, Volk described the pain he and his wife experienced when they
were called and told their son at Northwestern University had died in a
wreck. Volk answered the phone the first time, and then the prank callers
called back to make sure Volk's wife knew that the son had died.
"I found that to be particularly heinous," Volk told Clayton.
Volk and Poindexter said they liked the fact that Clayton ordered the men
to write letters.
"I think that it's going to make them sit down and seriously think about
their impact on each individual family," Poindexter said.
Higginbotham and Allgeier looked down or straight ahead for most of the
hearing.
Both men hugged family members as they were taken into custody and
apologized to their victims yesterday before being sentenced.
"If I could do anything I would change it," Allgeier said. "I feel
horrible. If I could talk to the victims and tell them how sorry I was,
face to face, I would do that."
Higginbotham said that while he was in jail after being arrested, he would
imagine how he would feel in similar circumstances if he had received a
prank call saying his younger sister had been killed. He said he cried.
"I can't apologize enough, and I'm sorry for what I did," Higginbotham said.
After being released from jail, both men will be on probation for five
years. If Allgeier violates the conditions of his probation, he could be
sent to prison for three years. If Higginbotham violates his conditions,
he could be sent to prison for five years.
If they successfully complete the probation, the convictions can be set
aside, Clayton ruled. The condition was part of the plea agreement.
=====================
Defense attacks state case in murder trial
By Georgann Yara Staff Writer
Dan Lovelace, the former police officer accused of killing an Ahwatukee
Foothills woman, is expected to take the stand in his own defense next
week in what is sure to be the pivotal moment in the second-degree murder
trial.
Lovelace's appearance on the witness stand will add to the vastly
different picture the defense began painting this week for jurors as the
former Chandler officer's trial continued.
Lovelace's attorney Craig Mehrens called witnesses whose testimonies
directly conflicted those offered by the state, questioned the accuracy of
eyewitnesses and spoke of a "We don't retreat" attitude in the Chandler
Police Department.
Mehrens began his defense after the state rested Monday morning by
maintaining that Lovelace, 39, was in front of Dawn Rae Nelson's car when
he fired that single fatal shot on the afternoon of Oct. 11, 2002.
Nelson, 35, was in the driver's seat of her car at a Walgreens
drive-through window on the southeast corner of Warner and Dobson roads
when Lovelace was sent to the scene to investigate a call that the woman
was trying to fill a fake prescription.
The former motorcycle officer claims Nelson was trying to run him over
with her Chevrolet Camaro, and he fired because he feared for his life.
After reviewing Nelson's autopsy report and other evidence, San Antonio
pathologist Dr. Vincent DiMaio testified that Lovelace was in front of the
Camaro when he fired. Citing the absence of gunpowder on the seat, DiMaio
said the shot "can be from the front, side, unlikely the back."
DiMaio's testimony contradicted that of firearms specialist and
prosecution witness Lucien Haag, who said the shot came from the rear. The
Maricopa County Attorney's Office hired Haag last year to reconstruct the
shooting scene.
DiMaio explained that if Nelson was turning or twisting her body in the
seat at the time she was shot, it might appear that the path of the bullet
was going from back to front, although the shooter was in front of her.
This testimony also contradicts that of Brandi Gonzales and Jennifer
Gonzales-Maytorena, two witnesses who told the jury they saw Lovelace
stand next to Nelson's car then run after it when she tried to drive away.
Mehrens raised doubts about the accuracy of the girls' testimony,
particularly that of Gonzales-Maytorena. Using results of an eye exam she
had five months before the shooting, forensic optometrist Dr. Paul Michel
concluded that Gonzales-Maytorena's vision was 20/200, worse than
initially believed, and that detail and peripheral vision would be
affected in observing a series of sudden events.
The defense also attacked the Chandler Police Department's investigation
of the crime scene.
Former homicide investigator Michael Bumcrot of the Los Angeles County
Sheriff's Department expressed concerns over the situation, especially how
investigators asked leading questions of Lovelace.
Mehrens called Chandler police Sgt. Ken Phillips and Detective Mark
Wiseman, who both testified that training has taught them to take action
instead of surrendering.
"We don't get paid to lose. ... We run into the field of danger when
everyone is running away from it," Wiseman said Tuesday when Mehrens asked
him to quote training mottos.
A 14-year veteran of the Chandler Police Department, Phillips explained
they are taught to "react to their (suspect's) action," and that sometimes
fast-paced events leave no time to think and that "we have to depend on
our training."
When asked about how retreating is perceived, he said, "We don't retreat.
Retreating is for armies."
Last week, deputy county attorney Vince Imbordino used testimony from
other Chandler officers to show that backing off a suspect is not unusual.
Lt. Shawn Hawkins said that it was "not uncommon at all" to allow suspects
to go free. On June 9, Officer Marty Thompson said, "We have the option to
retreat."
Tim Pebler, an accident reconstructionist for the defense, testified that
Nelson's car was going up to 16 miles per hour at one point, backing
Mehrens' claim that her vehicle accelerated and not coasted, as the state
contends.
Pebler said he came to his conclusion because he "saw no definite tire
print ... only smearing" when examining photos of tire marks that defined
the trail Nelson's Camaro took in the parking lot during and after the
encounter.
Last week, the state estimated 22 seconds elapsed from the time the Camaro
left the drive-through bay until stopping, coming in contact with a
Chandler police patrol car. Pebler pegged the time at just below seven
seconds.
However, in response to a question from a juror, Pebler said his
calculations regarding the speed and distance of Nelson's car are
estimates with a "margin of error of 10, 15, 20 percent."
In addition to the second-degree murder charge, Lovelace faces a charge of
endangerment because Nelson's 14-month-old son was in the back seat of her
car. If convicted, he faces a maximum of 24 years in prison.
The trial concluded for the week Tuesday and will resume June 28 in
Maricopa County Superior Court's Southeast Complex in Mesa. Lovelace is
expected to take the stand in his defense as early as Monday
=====================
http://www.365gay.com/newscon04/06/062504pumpJudge.htm
by
365Gay.com Newscenter Staff
Posted: June 24, 2004 12:01 am ET
(Oklahoma City, Oklahoma) An investigation is underway into an Oklahoma
judge caught using a penis pump as he was presiding over a trial.
Attorney General Drew Edmondson has filed a petition to have Sapulpa
District Judge Donald D. Thompson removed from office.
The petition alleges that Thompson was caught in the act on numerous
occasions by the court clerk and trial witnesses. The Attorney General's
complaint says that Thompson shaved his pubic area, applied lube, and
slipped on the pump, using it until he climaxed.
Penis pumps are reputed to enhance the size of the organ and are often
used in masturbation.
The complaint also says that Thompson, 57, masturbated on a number of
occasions in full view of the court reporter.
Lisa K. Foster, Thompson's court reporter for 15 years, first started
hearing a noise that sounded like a blood pressure cuff being pumped up,
the petition by Edmondson says. Foster told investigators she witnessed
the judges sexual behavior fifteen to twenty times.
Thompson fired her after hearing she had cooperated with the investigation
into his misconduct, the Attorney General said.
The actions of Judge Thompsons in using a penis pump during trial where
court personnel, witnesses and juries could either see or hear his actions
at the least, constitutes conduct against good morals, Edmondson said in
his petition to have Thompson removed from the bench.
The petition notes that Thompson admitted the penis pump was under the
bench but denied using it.
He testified the pump was a gag gift from a friend, the petition stated.
Thompson has a reputation for being a tough law and order judge, strong on
family morals. He once tried to send a man to prison for life for spitting
on a police officer. Prior to becoming a judge Thompson served six years
in the state House of Representatives starting in 1975.
=====================
Police officers to carry audio tape recorders
Citizen dignity, treatment at issue
By Marshall Allen Staff Writer
PASADENA -- After weeks of heated accusations about their treatment of
citizens, officers in the police gang unit will carry audio tape recorders
as a measure to assure residents are treated with dignity and to protect
officers from "frivolous complaints," authorities said.
But advocates for the young men who are often stopped by the officers
question whether tape recorders will make a difference.
The police have considered using tape recorders for a long time, but
recent events have expedited the process, said Janet Pope, spokeswoman for
the Pasadena Police Department.
The fatal officer-involved shooting of Maurice Clark, 30, caused the most
recent uproar. Police said Clark fired a gun at a pursuing member of the
gang unit, and was then shot twice by the officer.
But some members of the community saw the shooting as another example of
excessive abuse by the police gang unit. Previous incidents that raised
community ire have included a brawl between officers and young men Sept.
26, and the frequent pat-down searches officers looking for weapons and
drugs conduct on young men.
Now, officers will be encouraged to turn on their recorders when they have
a detention, arrest or are involved in any situation that could be
volatile, Pope said. The pilot project will last six months, and then the
department will consider issuing tape recorders to all its patrol
officers, Pope said.
"This is a customer-service check to be sure the citizens are treated
fairly and with respect," Pope said. She said the recorders will help the
department to monitor complaints "and make sure they're valid."
Joe Brown and Velton Paggett, president and vice president of the Pasadena
chapter of the NAACP, said they don't want to disparage the police
department's intentions, but believe the tape recorders have their
limitations.
An officer may not turn on a tape recorder until after provoking a young
man, Paggett said. Then the tape would only capture the young man's
outburst. Or, officers may not engage the tape recorders at all, the NAACP
official said.
Pope said if a complaint is filed and no recording exists of the incident,
it will be investigated.
Brown and Paggett said allegedly frivolous complaints filed against police
officers were not the best motivation for the pilot project, because they
don't believe that many of the complaints are invalid.
The NAACP sees about 15 complaints per month, many of which are also filed
with the police, Brown said. Almost none are frivolous, he said.
Paggett said the complaints are always significant to the people making them.
"They have been saturated with police misconduct, in their perception, in
their community," Paggett said. "They don't see it as a frivolous complaint."
Pope said she could not say how many of the complaints filed against the
Pasadena police are found to be warranted, because the people in the
department who had the information were out of the office until the end of
the week. Anecdotally, she said, many complaints are unfounded in the
department's view.
Marshall Allen can be reached at (626) 578-6300, Ext. 4461, or by e-mail
at marshall.allen@
sgvn.com .
=====================
Police Cars Get Dash-Cams
June 26, 2004
Reported by KPLC Staff
Mayor Roach and Police Chief Don Dixon announced that the City is
currently working on a program to outfit every marked patrol unit in the
Lake Charles Police Department's fleet with state of the art digital and
audio video equipment. "The use of video equipment has been used by other
Cities and has proved to be a very effective tool in making sure that our
officers act appropriately in arrest situations and in other encounters
with individual citizens during the course of their shift. The video
system will allow us to see and hear exactly what occurred during any
given situation involving an officer and a citizen," said Mayor Roach.
This state-of-the-art video recording equipment benefits both the police
department and the citizens of Lake Charles by allowing immediate and
accurate documentation of traffic stops and arrest situations. The cameras
protect the police officer by identifying the individual stopped and his
or her actions during a police stop as well.
According to Police Chief Don Dixon, "This measure will raise the bar of
professionalism within the Department and accurately depict interaction
with citizens. It also captures evidence which may be presented in court
to verify the testimony of police officers."
The estimated cost to outfit each unit is $5,500.00. The City has ordered
two units to field test. If the units work as expected additional units
will be purchased using a $125,000 federal grant. Plans are to initially
install 25 units to be equipped with video camera equipment. Additional
units will be equipped with this video equipment as funds become available.
The Mayor indicated that this initiative should address concerns expressed
by Louisiana ACORN over complaints of racial profiling and/or use of
excessive force by the police department in making arrests. "Both Mayor
Roach and Chief Dixon have taken our concerns very seriously and are
committed to making sure that all of our citizens are treated equally and
fairly by all members of the LCPD.
The Mayor and I have signed a letter confirming our understanding of the
procedure to follow in situations involving complaints in these type of
situations, " said Lanny Roy, President of the local ACORN Chapter.
Mayor Roach and Chief Dixon reminded citizens that for the past several
years the Police Department has had procedures in place to review
complaints in situations involving alleged misconduct on behalf of police
officers. Mr. Roy indicated that Acorn will follow those procedures with
respect to any complaint it receives from a citizen involving misconduct
of a police officer.
Complaints of any type of police misconduct are initially reviewed by the
Professional Standards Division. In those situations where a citizen is
not satisfied with the manner in which a complaint has been handled by the
Professional Standards Division, the Lake Charles Human Relations Board
can conduct an independent inquiry into the matter. This Board was
established in consultation with the United States Department of Justice
under the Mount administration. Once the Board completes its investigation
it presents its findings and makes a recommendation to the Chief of
Police, the City Attorney and to the Mayor.
In addition to the programs outlined above, last year the Lake Charles
Police Department also implemented a cultural diversity training program.
Mr. Roy and Louisiana Acorn worked with the City to identify resources and
materials to assist the LCPD in making this part of the annual training
program. All officers are required to complete this training each year.
=====================
Task force report online
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_2987816,00.ht...
Note: This is the task force report on use of force policy:
How to read this document:
# Items in bold type represent the consensus of the entire Task Force.
=====================
Posted on Tue, Jun. 08, 2004
Officer fired over training video complaints to be reinstated
Associated Press
HARRISBURG, Pa. - A Capitol Police officer who was fired after other
officers complained about videos shown at a training session will be
reinstated under an independent arbitrator's ruling.
Sgt. Mark Hauck's punishment was reduced to a 60-day suspension without
pay, and he will be entitled to five months' back pay under the ruling,
which was issued June 2.
"I'm happy I'm going back," Hauck, a 15-year veteran, told The
Patriot-News of Harrisburg in a story published Tuesday.
As part of a Sept. 1 training session Hauck led on officer safety, he
showed portions of a DVD called "World's Wildest Street Fights 1" and a
videotape called "Ultimate Street Brawls." Officers had complained that
the films depicted graphic scenes of violence and nudity.
Arbitrator Lynne Mountz noted that the Department of General Services,
which oversees the 174-member force, initially suspended Hauck for one
week, but then dismissed him 10 days later.
Mountz said the firing was "too harsh a penalty for Hauck's exercise of
poor judgment" because he had no history of disciplinary problems. But she
also warned that Hauck, whose annual salary is $54,872, would be dismissed
if he violates the department's sexual harassment policy or retaliates
against any officers who attended the training session.
"We always contended that discipline was appropriate," said Sean Welby,
Hauck's attorney. "But in this particular case, termination was not the
appropriate discipline."
Department spokesman Frank Kane said the department would abide by the
arbitrator's ruling, although he did not know exactly when Hauck would
return to the force.
"We stand by our original decision and will continue to expect the highest
degree of professionalism from our officers," Kane said. "We don't agree
with the ruling, but we accept it."
=====================
Jun 24, 11:21 PM
Officer quits after misconduct claims
BY LOURDES BRIZ
FLORIDA TODAY
PALM BAY -- Officer Steven White of Palm Bay police resigned this week
after allegations were made that he had sex in his patrol car while on duty.
The resignation will become official July 2, but White is using accrued
vacation until then.
The criminal aspect of the complaint was investigated by the Florida
Department of Law Enforcement.
Investigators discussed the case with assistant state attorney Wayne
Holmes, who determined that based on the information provided and
witnesses' reluctance to come forward, White would not be charged with a
crime.
"Holmes indicated that it appeared that departmental administrative
actions would be more appropriate," according to an FDLE report.
Palm Bay spokesman Lt. Doug Dechenne declined to comment on the case.
"I am currently restricted by Florida state statute and department policy
to acknowledge or discuss active administrative investigations. Once an
administrative investigation is complete, the information within the
report can be publicly disclosed. It is inappropriate to make a comment at
this time," Dechenne said.
White, 33, has been with the department for nine years.
On his last evaluation, his supervisor, Lt. Dave Crispin wrote "Steve has
gone the extra mile to make his zone a safe community."
In 2000, his evaluation stated that his continued careless driving could
result in termination, but otherwise, White's performance met expectations.
White has received many commendation letters throughout his nine-year
career at the Palm Bay Police Department, including his assistance with
calls from Riverdale Country School, which is for severely emotionally
disturbed students and apprehending burglars.
Contact Briz at 242-3669 or lbriz@
flatoday.net
=====================
Friday, June 25, 2004 9:07 AM
Court orders new rape trial, cites prosecutor 'misconduct'
(Albany - AP) - An appeals court has ordered a new trial for an ex-police
chief, citing "misconduct" by Rensselaer County District Attorney Patricia
DeAngelis in the rape conviction two years ago of Thomas Levandowski.
The 50-year-old former Cambridge chief remains in prison on a guilty plea
to possessing child pornography.
He had been convicted of forcing an underage girl to have sex with him
over five years and sentenced to 50 years in prison.
The Appellate Division of State Supreme Court said DeAngelis, then an
assistant prosecutor, pursued lines of witness questioning to get hearsay
evidence even after defense objections were sustained.
The justices also found the prosecutor impugned with a comment the
testimony of a key defense witness, the girl's mother who said the
accusations were fabricated.
DeAngelis says she disagrees with the ruling and her office is ready to
prosecute Levandowski again.
=====================
Cop Accused Of Paying For Sex With Underage Girls
Tue Jun 15, 4:31 PM ET
A Hollywood police officer is off the force after being accused paying for
sex with underage girls imported into the United States.
Officer Derek Roberts (pictured, right) appeared in federal court Monday
after being arrested by FBI (news - web sites) agents, reportedly for
having two teenaged girls brought into South Florida for sex.
According to Hollywood police, Roberts spent four years as a civilian
employee and was with the department for three years. He was considered an
officer in good standing until FBI agents came to talk to the police chief
last week. Agents reportedly told the chief that Roberts was the subject
of an ongoing investigation, and they said Roberts had made arrangements
for sex with the girls.
Hollywood Police Capt. Tony Rode said, "Many people who know Derek truly
can't understand why or how he would become involved in some type of act
like this."
Agents said on June 4, Roberts used a credit card to pay for the services
of two minors after negotiating the deal with an undercover FBI agent.
Roberts then reportedly went to a hotel by the Miami International Airport
to make the final payment in anticipation of having sex with the girls.
Roberts was reportedly released on bond Monday afternoon. He has been
relieved of duty Monday. Hollywood police initially said Roberts was
suspended with pay, but now, after further review of the case, they have
suspended him without pay.
Local 10 reporter Rad Berky said there were some unusual circumstances
surrounding the high-profile arrest: so far neither the FBI or the U.S.
Attorney's office has made a public statement regarding the arrest, as
they typically do in cases like this. And though Roberts' bond was set at
$100,000, a judge set him free Monday with the agreement that he post
$10,000 by Wednesday.
=====================
City worker charged in theft of $1,500
Published in the Asbury Park Press 6/08/04
By KAREN SUDOL
FREEHOLD BUREAU
LONG BRANCH -- A city police records bureau employee was indicted on
charges of stealing funds collected from license applicants.
Tammy A. Brown, 24, of Long Branch is accused of stealing approximately
$1,500 in city funds over a one-year period, Long Branch Police Detective
Lt. Bruce Johantgen said.
Applicants seeking licenses to operate taxis or serve alcohol at
establishments usually paid by money order, Johantgen said. Brown would
tell applicants that she had a city stamp for the money orders and
encouraged them not to fill out a section of it. She would then make the
orders out to herself and cash them, he said.
The licenses ranged in price from $18 to $49, Johantgen said.
In December 2003, Eatontown police notified Long Branch of a warrant for
Brown's arrest for stealing cash from Schubel Eye Care on Route 35 in
Eatontown, where she worked as an optic technician. She was accused of
taking between $200 and $300 in cash.
That prompted Long Branch police to conduct an audit of the records bureau
and resulted in the charges, he said.
In the two-count indictment handed up June 1, Brown was charged with
official misconduct and theft of movable property. She's accused of taking
the funds on multiple dates between January 2003 and January of this year.
She was arrested on Jan. 6, Johantgen said, adding that Brown worked in
the bureau for about two years.
Brown was suspended without pay pending the outcome of the charges.
She remains out of jail.
=====================
Firefighter arrested on arson charge
May 28,2004
ROSELEE PAPANDREA
DAILY NEWS STAFF
A Jacksonville firefighter was suspended without pay pending the outcome
of an investigation of an alleged arson in Holly Ridge.
Matthew Allan Hertler, 22, of High Hill Road in Jacksonville, was charged
with second-degree arson and burning an unoccupied building in connection
to two fires at 233 Holly St. in Holly Ridge, according to warrants at the
Onslow County magistrate's office.
Hertler, who was a probationary firefighter trainee, has worked at the
Jacksonville Fire Department since March, said Jacksonville Fire
Department Chief Rick McIntyre.
Hertler, who lived in Holly Ridge until a few days prior to his arrest,
served as a firefighter at that fire department for the past 1 ??ars. He
was suspended from his duties in Holly Ridge pending the outcome of the
investigation, said William Arnold, chief of the Holly Ridge Volunteer
Fire Department.
Hertler was arrested May 13 by the Holly Ridge Police Department and
placed in Onslow County Jail under $7,000 bond. He paid his bond and was
released May 17, according to warrants.
Hertler's arrest came after an investigation into two separate fires at
233 Holly St., which is owned by Lynn Vehoeff, according to warrants.
Holly Ridge firefighters responded to a fire at the residence at 8:30 p.m.
Dec. 5. No one was home at the time, and there were no injuries. The blaze
left the home unlivable, Arnold said.
Turkey Creek, Sneads Ferry and Surf City volunteer fire departments
assisted in the call, Arnold said.
As officials started their investigation into the cause of the fire, it
was deemed suspicious. Officials with the Holly Ridge Police Department
and the Onslow County Fire Marshal's Office assisted in the investigation,
Arnold said.
"We had several suspects at the time that we were looking at it and
couldn't get anything definite on them," Arnold said. "Hertler was a
suspect, but nothing substantial could be found to pinpoint it to him."
Holly Ridge firefighters were called again to the same address at 1:30
a.m. May 12. Turkey Creek, Surf City and Sneads Ferry volunteer fire
departments assisted, Arnold said.
When fire officials responded to the second fire, they automatically
considered it suspicious and their approach was different, Arnold said.
Hertler, who went through a routine background check when he joined the
Holly Ridge department, was charged the next day, Arnold said.
Arnold said that a "true firefighter" doesn't set fires.
"As far as I'm concerned, a real, true blue firefighter who gives of his
time, energy and a lot of his own money wouldn't do this," Arnold said.
The hope is that Hertler's arrest won't make the public lose faith in its
fire department, Arnold said.
"Just because volunteers don't get paid doesn't mean they are not
professionals," Arnold said. "They do a good job and deserve all the
credit of trying to put the fire out. Â
They should be commended, and one
person's actions shouldn't discredit all other firefighters just because
of this action by one individual."
=====================
Officer admits altering report
The Peterson Trial
By SUSAN HERENDEEN
and JOHN COTÉ
Last Updated: June 25, 2004, 04:16:00 AM PDT
REDWOOD CITY -- Prosecutors in Scott Peterson's murder trial were dealt a
stunning blow Thursday when a Modesto police detective testified that he
removed key information from a police report.
Detective Al Brocchini said he knew that a witness said she saw Laci
Peterson on Dec. 23, 2002, at a warehouse complex where her husband kept
his new boat. Her family reported her missing the next day.
But Brocchini deleted the sighting from a police report, he acknowledged
during cross-examination by lead defense attorney Mark Geragos.
Laci Peterson's presence at the warehouse could undercut the prosecution's
theory that her husband secretly purchased the boat to dump his wife's
body in San Francisco Bay. It also could be used to explain how a hair
prosecutors contend is Laci Peterson's wound up in pliers in the boat.
Catching Brocchini deliberately withholding information that did not fit
the police theory casts a pall over the investigation, legal observers said.
"It's unconscionable," former San Francisco prosecutor James Hammer said.
"If you get a cop intentionally omitting exculpatory information, it seems
to me he has zero credibility."
Peterson leaned forward in his chair -- and there was a murmur in the
audience -- as Geragos pointed out discrepancies between an audiotape in
which Brocchini mentions an interview with Peggy O'Donnell and a report he
wrote that does not include her.
O'Donnell, who owns a neighboring warehouse, said she allowed Laci
Peterson to use the warehouse restroom that Dec. 23.
Scott Peterson's warehouse was too crowded with supplies to allow access
to the bathroom.
"I excised it," Brocchini said on his third day on the witness stand in
San Mateo County Superior Court. "I guess I did. It's not in there. It's
on that page."
Janey Peterson, Scott Peterson's sister-in-law, said the
cross-examination, which began Wednesday, shows that her brother-in-law
told the truth the night his wife was reported missing.
"Everything that came out of Scott's mouth the evening of the 24th was
nothing but truth," she said as she entered the courthouse Thursday morning.
No mention of affair
She did not address the fact that Peterson told investigators that night
that he had no marital problems, though he later acknowledged having an
affair with Fresno massage therapist Amber Frey.
Prosecutors contend that Peterson dumped his wife's body in the bay during
a Dec. 24, 2002, fishing trip launched from the Berkeley Marina.
The bodies of 27-year-old Laci Peterson and the couple's unborn son,
Conner, washed ashore separately in April 2003 less than two miles from
the spot where Peterson said he went fishing.
He faces the death penalty if convicted.
Geragos contends that Laci Peterson was abducted while walking her dog
Christmas Eve morning in Dry Creek Regional Park near their home in
Modesto's La Loma neighborhood.
The trial is in recess today, and Brocchini's testimony is expected to
continue Monday. He touched on a wide range of topics Thursday:
LIFE INSURANCE -- Brocchini said he used a Bee article, about a life
insurance policy on Laci Peterson, to plant "seeds of suspicion" in the
minds of Scott Peterson's friends.
The detective called one of Peterson's friends at 6:40 a.m. the day The
Bee came out with its article stating that Peterson had recently taken out
a $250,000 life insurance policy on his wife.
He told the friend, Mike Richardson, to go to the newspaper's online site
to read the article.
The Jan. 17, 2003, story quoted a Laci Peterson family member saying
police had told the family two days earlier about the life insurance
policy and Scott Peterson's affair with Amber Frey.
Geragos said police knew the policy was taken out a year and a half before
Peterson's disappearance, because officers seized paperwork related to the
Principal Life Insurance policy from the Petersons' Covena Avenue home on
Dec. 26, 2002.
Brocchini acknowledged that he was trying to plant seeds of suspicion in
an attempt to gain information from Peterson's friends.
He also said he was following a tip about a second life insurance policy.
"The information in The Modesto Bee was false, like a lot of things,"
Brocchini said.
"But that didn't stop you from telling Mike Richardson to go look at it,"
Geragos countered.
"No," Brocchini replied.
Brocchini also testified that detectives spoke to Laci Peterson's family
about her husband's affairs, but he did not remember if they talked about
the insurance policy.
GUN IN PICKUP -- Brocchini said he took a gun from Scott Peterson's pickup
truck shortly after the report of Laci Peterson's disappearance, without
asking permission or getting a search warrant.
The detective said he did nothing wrong when he took the gun, registered
to the defendant's father, Lee Peterson, from the glove compartment of
Scott Peterson's Ford truck.
Brocchini said he never told Peterson he was taking the gun, but said it
was OK to do so because Peterson gave him permission to search his truck.
"I took it legally," Brocchini said.
Geragos frowned and asked that his answer be stricken from the record.
Judge Alfred Delucchi appeared to question the legality of the detective's
actions as well and said the jury must disregard the answer.
Stanislaus County Deputy District Attorney Rick Distaso objected, to no avail.
POSSIBLE LACI SIGHTING -- Brocchini said he never showed a picture of Laci
Peterson and her dog, McKenzie, to a witness who said he saw a pregnant
woman walking a golden retriever in Dry Creek Regional Park about 9:20
a.m. on Dec. 24, 2002.
He said the witness, who lives in Monterey, was riding a bicycle and never
saw the woman's face. He said the witness did not have to pinpoint the
spot because he described it clearly for investigators.
"We did a search of that area, a thorough search," Brocchini said. "We
searched the bushes. We went to the area he said. He said he couldn't ID her."
EMBEZZLEMENT INVESTIGATION -- In a Feb. 28, 2003, memo, Brocchini
suggested that Peterson's employer, Tradecorp, start an embezzlement
investigation of Peterson, who worked as a salesman for the fertilizer
company.
The detective's suspicions about Peterson grew after a federal grand jury
issued a subpoena so police could gain access to Scott Peterson's
financial records from July 2002 to January 2003.
Scott Peterson had written numerous checks to himself on a company account.
Company attorney Ross Lee replied in a March 19, 2003, memo, saying an
audit found no evidence of misconduct.
Scott Peterson was expected to issue checks to pay his salary and
expenses, he said.
SPLITTING HAIRS -- Brocchini said he and Detective Dodge Hendee were the
only people who handled a hair found in the teeth of a pair of pliers in
Peterson's boat before sending the hair to a state Department of Justice's
crime lab.
The detective said Hendee placed the hair in an evidence envelope on Dec.
27, 2002. He said he was surprised to find two hairs when he and Hendee
opened the envelope on Feb. 12, 2003.
Prosecutors contend that the hair split, but Brocchini said he never wrote
a report that said the hair had broken in half.
=====================
June 24. 2004 6:32PM Forums Print this Email this
O'Toole eyes tougher standards to protect innocent
The Associated Press
BOSTON
olice Commissioner Kathleen O'Toole said Thursday that she would consider
limiting police powers if assured that would bring an end to wrongful
convictions.
Stephen Cowans, who spent more than six years behind bars after he was
found guilty of the 1997 shooting and wounding of a Boston police
sergeant, was released in January after DNA tests proved his innocence.
A grand jury determined that there is not enough evidence to charge two
Boston Police Department fingerprint technicians whose testimony helped
convict Cowans, Attorney General Thomas Reilly said Thursday in a news
conference with O'Toole and Suffolk District Attorney Dan Conley.
O'Toole said a team of outside consultants, including the FBI, is
examining police procedures regarding identification and interrogation of
suspects.
"I would be willing to further limit the ability of the police beyond what
the Constitutional requirements are in order to ensure we're not
improperly identifying people," said O'Toole, who has assigned new
leadership to the identification unit.
O'Toole earlier suspended fingerprint technicians Dennis E. LeBlanc and
Rosemary McLaughlin. She said Thursday that McLaughlin has since filed for
retirement, and LeBlanc remains on paid suspension.
Methods of identification and interrogation are being debated nationwide,
O'Toole said. She hopes Boston's new policies will be the best.
"We can set the bar here in Boston for the national debate," she said.
O'Toole apologized to Cowans and his family and said she is still "deeply
troubled" by the case. Reilly, who convened a grand jury at O'Toole's
request in January, called the case a "total miscarriage of justice."
Prosecutors considered perjury charges, Reilly said, but there was not
enough evidence.
"We could not prove intent," Reilly said.
Exactly what happened is still a mystery, but what's clear is that police
checks and balances failed. Two "independent" confirmations of
fingerprints that tied Cowans to the scene should have exonerated him,
Reilly said.
O'Toole said 1,200 other sets of fingerprints were examined as part of
their review, but no other wrongful identifications were found, she said.
"I'm not concerned that any other cases have been jeopardized," she said.
LeBlanc, who has been with the department since 1977, and McLaughlin, who
has been with the department since 1979, both were suspended with pay in
April.
Cowans was charged with shooting Sgt. Gregory Gallagher during a scuffle
in May 1997.
Gallagher and another eyewitness identified Cowans as the assailant at
trial. LeBlanc and McLaughlin both testified that a fingerprint lifted
from a drinking glass used by the assailant matched Cowans' prints. He was
sentenced to 35 to 50 years in prison.
Last year the New England Innocence Project arranged for independent DNA
testing of the glass, a sweat shirt and a baseball cap found at the scene
of Gallagher's shooting. Tests determined that saliva on the glass and
sweat on the clothing came from the same person, but that person was not
Cowans.
Cowans, who had more than a dozen convictions for petty crimes from
burglary and shoplifting before being charged with Gallagher's shooting,
requested a new trial. Prosecutors said that a reexamination of the
fingerprint revealed that it did not belong to Cowans, and a judge freed him.
=====================
Riverside cop indicted on assault and cover-up
By MIKE MATHIS
Burlington County Times
MOUNT HOLLY - A Riverside police sergeant has been indicted on charges
that he assaulted a man and falsified reports and court documents in an
attempt to cover up the incident, prosecutors said.
Patrick J. Vacanti, 37, of Medford was indicted by a county grand jury
Tuesday on charges of official misconduct, obstructing administration of
law, hindering apprehension, falsifying or tampering with records and
tampering with public records or information, said Jack Smith, a spokesman
for the Burlington County Prosecutor's Office.
A judge sealed the indictment until Vacanti surrendered at the
Prosecutor's Office yesterday, James J. Gerrow, Burlington County
executive assistant prosecutor, said.
Vacanti, a 14-year veteran of the Riverside Police Department, was
released on his own recognizance.
Riverside solicitor George Saponaro said the township would suspend
Vacanti without pay today, pending resolution of the charges. He said the
township would also likely file administrative charges against Vacanti
seeking his removal from the force or other disciplinary actions.
Those charges will depend on the outcome of the criminal case, he said.
"We're going to let the criminal process take its due course," Saponaro said.
The charges against Vacanti stem from an incident that took place on Leach
Street near Derby's Tavern in Riverside on March 3, 2002.
Smith said the victim of the assault, identified by prosecutors only as a
Delanco man, was standing and speaking with two friends who had pulled
their vehicle to the curb when Vacanti assaulted him with a metal police
baton.
Smith said Vacanti filed police reports and court documents that contained
false information or omitted information about the incident.
In addition, Gerrow said, Vacanti lied to investigators from the
Prosecutor's Office when he was interviewed about the incident.
The victim was charged with aggravated assault and resisting arrest, but
the charges were later dismissed, Gerrow said.
The victim, who was under a doctor's care for a bad back, has had
additional health problems as a result of the assault, Gerrow said.
Vacanti could not be reached for comment yesterday. Riverside Police Chief
Donald Horner did not return telephone calls seeking comment.
The Riverside Police Association issued a statement yesterday supporting
Vacanti and his use of force during the arrest.
"We are confident that when the case is presented to a jury, the jury will
consider all the facts and make the proper decision," the statement said.
"Will the officer ever be able to enforce the laws of the state based on
the way that the criminal justice system has treated him?"
Gerrow declined to comment on whether his office is investigating
additional allegations of misconduct involving Vacanti.
Riverside
=====================
Three Seymour police officers fired
05/30/2004
Associated Press
Three of five Seymour police officers that had been suspended for six
months because of misconduct against two other officers have been fired,
city officials said.
The local board of public works on Friday dismissed Sgt. Anthony Prewitt
and Cpls. J.B. Hamblin and Bruce M. Peak.
The board allowed Officer Jason Kaiser to return to work on Friday without
back pay and suspended Cpl. Kevin Hall without pay through July 1 until
the investigation into new allegations against him are complete.
Officials have not released many specifics about the officers' reported
misconduct, but it involves misdemeanor vandalism and trespassing on Nov.
4 and 5 at the homes of Officer Ryan Huddleston and Detective Lt. Carl
Lamb, The Tribune reported Saturday.
Police have said the five officers were celebrating the election of their
candidate and now Mayor James Bullard.
A separate allegation says Hall told a wrecker company owner he had to
support a political candidate if he wanted to keep his business in the
city about 40 miles southeast of Bloomington. That investigation was
expected to take at least a month, police said.
The five officers, who had been off the force since Nov. 26, left without
comment after the hearing.
"We want the best officers we can possibly get for Seymour," Mary Voss
said after she and board member Mike Jordan announced the firings.
Bullard, also a board member, recused himself.
"Having a gun and a uniform does not mean that our police officers don't
have to obey the same rules the rest of us have to obey," Jordan said
before the hearing.
City attorney Jeffrey Lorenzo said the officers can appeal the decision
with the Jackson County Clerk.
=====================
Prosecutor Fired After Alleged Tryst
A prosecutor has been fired after being caught on video having sex with a
defendant who agreed to testify in a Hardin County drug case.
Assistant Commonwealth's Attorney Robert Stevens had been on paid leave
since May 25th and was fired Friday.
A letter from Commonwealth's Attorney Chris Shaw says the reason for the
termination was inappropriate contact with Erica French.
French pleaded guilty in March to several drug charges and was sentenced
to five years probation last week. Her attorney has said the tape was made
after she complained Stevens made advances toward her during talks
involving her cooperation with the prosecution of other defendants.
She claimed Stevens told her that if she would have sex with him, he would
use his influence to withdraw her guilty plea and drop charges prior to
her sentencing.
A probe by the Special Investigation Unit of the Kentucky State Police in
Frankfort is continuing and no charges have been filed. Stevens declined
comment on his termination.
=====================
Judge upholds police officer's conviction
Patrolman Daniel E. Grant will be sentenced Friday for tipping off a drug
dealer to police surveillance.
01:00 AM EDT on Tuesday, June 15, 2004
By JOHN CASTELLUCCI
Journal Staff Writer
PROVIDENCE -- A Superior Court judge ruled yesterday that a police officer
who ordered illicit drugs over the telephone at Pawtucket police
headquarters should not have been convicted of criminal solicitation.
Judge Judith Colenback Savage threw out both criminal-solicitation counts
against Patrolman Daniel E. Grant, ruling that the criminal-solicitation
statute was never meant to apply to people who illegally purchase drugs.
But Savage refused to order a new trial for Grant, who was also convicted
of aiding and abetting the drug dealer, 34-year-old Dennis M. Medeiros, of
East Providence, by using police computers to conduct gun checks and run
automobile license plate numbers for him.
Savage said there was substantial evidence to show that Grant, a childhood
friend of Medeiros, not only bought Vicodin and marijuana from the drug
dealer. He also tipped Medeiros off to surveillance by the police.
The ruling, which Savage made from the bench, followed oral arguments by
lawyers for Grant and the state attorney general's office.
It set the stage for Grant's sentencing Friday, and also for his removal
from the Pawtucket Police Department, where he has been a police officer
since 1995.
Grant, the 35-year-old son of East Providence Mayor Rolland R. Grant, has
been suspended without pay since Oct. 16, 2002, when he was indicted on
two counts of criminal solicitation and two counts of aiding and abetting
in a crime.
He was found guilty of one count of aiding and abetting, which carries a
sentence of up to 30 years in prison, and two counts of criminal
solicitation, which carries a sentence of up to 10 years, following a
trial in April in Superior Court.
Grant's lawyer, John D. Lynch Jr., moved for a new trial following the
jury's guilty verdict. He also sought to have Judge Savage throw out the
criminal-solicitation charges, arguing that the statute was never meant to
apply to defendants who bought illicit drugs.
Judge Savage agreed, saying that the criminal-solicitation statute
couldn't be used to prosecute behavior -- the purchase of drugs or sex --
that is "inevitably incidental" to offenses such as drug-dealing and
prostitution.
She disagreed with Assistant Attorney General Laura A. Pisaturo, who
argued that, if the General Assembly had intended to bar such
prosecutions, it would act as other states have done and passed a law to
that effect.
Savage refused to order a new trial because,"in the court's opinion, there
is substantial evidence that Daniel Grant aided and abetted Dennis
Medeiros in the possession of narcotics with intent to deliver."
She said Medeiros, who testified against Grant, was corroborated not only
by his ex-girlfriend, Vivian Fanning, but by statements Grant himself made
to Lt. Thomas Campbell of the Pawtucket Police Department Special Squad.
In an affidavit, Campbell said that, when Grant was interviewed during the
investigation, he acknowledged telling Medeiros to "lie low" because his
drug operation was being investigated by the police in East Providence.
"He continually stated his only intention was to get Medeiros to trust him
and make a big drug bust," Campbell said in the affidavit. "He felt the
arrest would make him look good in the eyes of the chief and he would get
transferred to the drug unit."
Medeiros pleaded guilty to one count of possession of marijuana with
intent to deliver, one count of possession of more than a kilogram of
marijuana and nine counts of possession of a firearm during the commission
of a felony.
He was sentenced to two years in prison on April 22, a week after he
finished testifying as a prosecution witness at Grant's trial.
Lynch tried to discredit Medeiros as a witness by arguing that the
possibility of a reduced sentence provided him with a powerful motive to
testify untruthfully.
Specifically, Lynch argued Medeiros lied when he testified that he asked
Grant to run automobile license plate checks to determine whether his home
was being staked out by undercover police officers.
The real purpose of the license plate checks, Lynch said, was to identify
a motorist who had clashed with Medeiros in a road-rage incident, and to
get the names and addresses of attractive young women who had caught
Medeiros's eye.
=====================
Former sheriff investigated
Wednesday, June 09, 2004 09:31 pm
Nielander now a Larned officer
By TIM UNRUH
Salina Journal
LARNED - Former Lincoln County Sheriff Wray Nielander is being
investigated by the Kansas Bureau of Investigation after a man said
Nielander threatened him.
Pawnee County Undersheriff Mark Schloemer said Nielander, a Larned Police
officer, is accused of threatening the man May 31 while booking him into
the Pawnee County Jail in Larned.
Schloemer said a jail employee overheard the conversation between
Nielander and Randy Taylor, Larned, and the employee informed the
sheriffs office.
Taylor told me personally the same story, and thats when we decided to
bail out of it and contact the KBI for an investigation, Schloemer said.
Taylor, 29, said he made a statement to the KBI Tuesday afternoon. KBI
spokesman Kyle Smith confirmed Wednesday that the agency was conducting an
investigation in Larned at the request of the Pawnee County Sheriffs
Office, but he would not say who was targeted.
=====================
Rios has quit post, chief says
Valencias mother contends he was terrified of officer.
By MIKE WELLS of the Tribunes staff
Published Thursday, June 17, 2004
Steven Rios resigned at about 3 p.m. yesterday as an officer of the
Columbia Police Department, Police Chief Randy Boehm said.
Rios
Rios, 27, grabbed public attention last week after twice threatening
suicide when it was revealed he had a personal relationship with murder
victim Jesse Valencia, 23, a junior history major at the University of
Missouri-Columbia.
The student was found dead at about 2 p.m. June 5 in a neighbors yard at
1517 Wilson Ave. in his East Campus neighborhood. He last was seen walking
home from a party at about 3:30 a.m.
No arrest warrants have been requested in the case, Capt. Mike Martin said.
Columbia lawyer Marsha Fischer delivered Rios written resignation, which
didnt list any reasons for his quitting, Boehm said. Fischer declined to
comment on behalf of Rios this morning.
"My area of practice is primarily employment law," she said. "So I may be
less" involved "at this point now that he has resigned."
Her legal partner, criminal defense attorney Rusty Antel, also declined
comment.
Officials at Fulton State Hospital would not confirm or deny that Rios was
at the mental-health facility this morning. Rios was sent there on a
96-hour hold after threatening suicide last Thursday with a shotgun and
again on Friday after escaping Mid-Missouri Mental Health Center and
standing for nearly two hours on a nearby parking garage ledge.
In the days before they searched Rios home Friday for possible evidence
in the murder, investigators sought patient information from four local
hospital emergency rooms and a clinic and obtained Valencias university
e-mail account records for clues to his killers identity.
Investigators had hoped the medical records of June 5-7 might show whether
Valencias attacker sought treatment for any injuries suffered in the
incident, Martin said.
"We didnt develop any new information" from those records "that we
believe to be pertinent to this case," Martin said.
Rios arrested Valencia April 18 for allegedly interfering when police
responded to a disturbance complaint at a party at 1605 Wilson Ave.
Court documents filed by Detective Jeff Nichols say Rios told
investigators he began a homosexual relationship with Valencia. In
addition, a witness told police that Valencia had told Rios he intended to
tell the chief of police about their relationship.
Linda Valencia said last night that although she doesnt want to hinder
the investigation of her sons murder with accusations, she has reasons to
suspect Rios. The MU student told his mother that hed been involved with
Rios but that he tried to end the relationship, she said.
"He called us over and over to say he was terrified of this man," Linda
Valencia said.
She asked her son to file a complaint with the police department, and he
promised to do so, she said. However, Boehm said no complaint was submitted.
Martin confirmed that the victims family spoke to detectives during a
recent visit from Kentucky. But he said the mother didnt tell them what
Jesse Valencia reportedly told her about Rios, neither this week nor
during a previous interview.
"We spoke to the mom initially right after the homicide," he said. "During
that interview, she did not express any of the information that shes now
stating to the media. That was not something she discussed with our
detective."
Martin said such statements "could be considered as hearsay under the
rules of evidence" and perhaps unusable in a criminal case.
Her son had always been upfront with her about his sexual orientation and
what was going on in his life, Linda Valencia said. "I know everything
about my son," she said.
The family has received encouragement from people across the country since
her sons death, she said. However, someone this week called the mothers
cell phone to play what she says could only be a bad joke.
Instead of speaking, the caller played a song by Loretta Lynn, one of
Jesse Valencias favorite singers, and then hung up. "I dont know who
could be so cruel, she said.
When she last spoke to her son at about 10 p.m. June 4, Linda Valencia
could tell something was wrong from the tone of his voice, but she said he
wouldnt talk about it.
"He said, I love you, " she said. "And I said, I love you, too. And
that was the last thing I got to say to him. Then they called us the next
day to tell us he was dead."
=====================
Any black will do?
http://news.bostonherald.com/images/localRegional/20040624_cowans_lg.jpg
No charges vs. Hub cops in frame case
By Maggie Mulvihill
Thursday, June 24, 2004
Boston police officers who helped put an innocent man in prison for 6 1/2
years using someone else's fingerprint escaped criminal charges yesterday
when a grand jury found insufficient evidence to bring criminal charges
against them, a source close to the investigation said.
Stephan Cowans was freed from prison in January after information
surfaced that another person's fingerprint was used to convict Cowans in
the shooting of a Boston cop in 1997.
Two BPD fingerprint technicians - Officer Dennis Leblanc, who
testified at Cowans' trial, and Rosemary McLaughlin - were suspended with
pay in April while Attorney General Tom Reilly presented evidence to a
grand jury. Reilly's probe centered on whether Boston police framed Cowans
for the shooting using another person's fingerprint, sources have said.
The Boston Herald reported in May that the fingerprint unit has been
a ``dumping ground'' for cops considered unfit for street duty under the
last two police commissioners - Paul F. Evans and Francis M. ``Mickey''
Roache.
Officers with histories of theft, incompetence, substance abuse and
other problems were routinely sent to the unit, which handles some of the
most critical evidence used in criminal prosecutions.
Those transfers were uncovered during a Boston Herald/Fox 25
investigation into the wrongful convictions of 22 Massachusetts men in the
last two decades.
Though no criminal charges will be brought against the officers in
the Cowans' case, Reilly's investigation has uncovered ``systemic failures
of the fingerprinting lab that were uncovered as a result'' of the grand
jury investigation, a source close to the probe told the Herald.
Those failures will be addressed at a press conference Reilly and BPD
Commissioner Kathleen M. O'Toole plan to hold today.
A spokesman for Reilly's office declined comment yesterday.
But O'Toole, who referred the Cowans case to Reilly when she was
appointed in February, said she has made numerous changes to the unit
since she came on board. Forensic consultants were hired to examine the
unit's practices and procedures, three officers and two supervisors were
added and increased funding for the unit is being sought in the fiscal
2005 state budget.
``Since we first determined that there were problems, we have been
working very aggressively to deal with any of the weaknesses that we know
exist,'' O'Toole said yesterday, declining to comment on the grand jury
investigation.
O'Toole said she has made no decisions yet about the job status of
Cowans and McLaughlin.
Cowans was convicted of shooting Sgt. Detective Gregory Gallagher in
the buttocks with his own gun during a scuffle in Egleston Square on May
30, 1997. Gallagher identified Cowans as his assailant at trial.
The real shooter has not been found.
=====================
Alleged Drug-Selling Officer To Appear In Court
Thu Jun 10, 9:11 AM ET
A Houston police officer accused of dealing drugs is scheduled to be
arraigned Thursday.
Officer Gilberto Zertuche was charged with manufacturing and delivering
marijuana in February.
Zertuche was arrested in uniform after investigators in an undercover
sting operation said he delivered more than 500 pounds of pot. He was also
caught with cocaine.
Zertuche's bond was set at $450,000.
=====================
Monday, June 21, 2004 3:01 AM
Police dispatcher implicated in drug ring
(Ray Brook - AP) - A civilian dispatcher for state police in the
Adirondacks is accused of helping drug smugglers avoid roadblocks.
Troopers say 28-year-old Jennifer Niles of Moira was arrested along with
eight others Thursday in a raid that police say broke up a four million
dollar drug trade route. She's a dispatcher for State Police headquarters
in Ray Brook.
Her husband, Scottie Niles, was charged with federal conspiracy counts in
connection with the drug ring. Police say the ringleader was Lawrence
Mitchell of Cornwall Island, Ontario, on the Saint Regis Mohawk Indian
reservation which spans the border.
Niles was charged with conspiracy and official misconduct. Investigators
say she told her husband where roadblocks and checkpoints were set up, so
drug traffickers could use alternate routes to transport marijuana downstate.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
=====================
Chief seeks protection
Restraining order OK'd for Whitman against officer who allegedly made threats
By Sue Lindsay, Rocky Mountain News
June 18, 2004
Denver Police Chief Gerry Whitman obtained a restraining order Thursday
against an officer who allegedly threatened to kill him, his family and
other police officers.
Officer Andrew Raiser, who is on paid administrative leave, threatened to
kill or harm Whitman and his family repeatedly during the past year,
according to Julie Kirkbride, a Denver deputy sheriff who lived with Raiser.
Advertisement
She reported the threats to the Denver Police Department, prompting the
chief to seek a restraining order that Denver County Judge Kathleen Bowers
made permanent Thursday.
Raiser, 34, denies making the threats and claims Kirkbride made up the
story out of jealousy because he has resumed a relationship with a former
girlfriend.
"I absolutely did not make any threats against the chief of police or his
family," Raiser said. "I did not, would not, and it is beyond me to
threaten my commander in chief in any way, shape or form."
Raiser said Kirkbride concocted the threats because "she feels like she
needed to enact revenge."
Raiser's girlfriend, Amber Voelker, testified she had never heard him make
any threats.
Whitman testified that he feels the restraining order is necessary to
protect his family, other officers and himself.
"He has repeatedly threatened to kill me and my family," Whitman said. "He
also threatened to come to the Denver Police Department and kill as many
police officers as he can. He has made these threats repeatedly to his
girlfriend for the last year."
Raiser joined the department in 1999. During the past two years, he has
been investigated 21 times in use-of-force incidents, including four
citizens' complaints. He has been on administrative leave twice.
In 2001, Raiser was suspended for 27 days without pay for driving outside
the city in his police car while on duty to go to Cheerleaders, a topless
bar on North Federal Boulevard, according to Civil Service Commission records.
At the time, dispatchers thought he was on an assault call.
While at the bar, Raiser allegedly got into an argument with a man and
told him that he was wanted by the law - which he wasn't - according to
the records. Raiser then threatened to fight the man if he ever saw him again.
After Raiser appealed, the suspension was reduced to 17 days without pay.
In January, a psychologist concluded in that Raiser poses a "significant
risk to the safety of the public" and he faces evaluation for fitness for
duty, said Assistant City Attorney Linda Davison.
Raiser blames Whitman for his problems in the department, she said. After
being transferred out of District 2 for conduct problems, he was assigned
to the information desk.
Raiser resigned from the Police Department in Salem, N.C., because he was
in danger of being dismissed for using excessive force by throwing a woman
to the ground, Davison said.
While in the Marines, he was disciplined for kicking a fellow Marine in
the head, she said.
In the past, Raiser has threatened to kill or harm girlfriends during
arguments, Davison said.
In April 2001, Raiser fatally shot 27-year-old Joseph Daniel Martinez
after Martinez lunged at Raiser with a knife. Raiser was cleared of
criminal wrongdoing.
Under the restraining order, Raiser must have no contact with Whitman or
his family. He must stay 100 yards away from police headquarters and also
must stay away from any other police or sheriff's office, the Denver City
and County Building and the Webb city office building.
"I doubt anything good can come from here, as far as employment is
concerned," Raiser said after the hearing. "I guess I'll get on the
Internet and start looking for a job."
Officer Raiser's record
Andrew Raiser joined the Denver Police Department in 1999. According to
police documents and court testimony, Raiser:
Was suspended 27 days without pay in January 2001 for going to a topless
bar while on duty, in uniform and driving a marked car.
Fatally shot 27-year-old Joseph Daniel Martinez on April 8, 2001, after
Martinez lunged at Raiser with a knife. Raiser was cleared of criminal
wrongdoing.
Was deemed a "significant risk to the safety of the public" by a
psychologist in January 2004.
=====================
Panel rips police conduct at trade talks
By Jane Musgrave, Palm Beach Post Staff Writer
Friday, June 4, 2004
Law enforcement officers who turned Miami into a police state during
November's Free Trade Area of the Americas talks violated people's basic
rights and tarnished the city's reputation, a citizens panel said in a
bluntly worded report now under review.
"Civil rights were trampled and the socio-political values we hold most
dear were undermined," members of Miami-Dade County's Independent Review
Panel wrote in a draft report released without fanfare last week.
The nine panel members said they "strenuously condemn and deplore the
unrestrained and disproportionate use of force observed in Miami during
the FTAA."
While acknowledging that some police behaved admirably, they said the
city's reputation was tarnished by images broadcast nationwide of police
clad in riot gear unleashing tear gas, rubber bullets and pepper spray on
peaceful demonstrators, including busloads of Palm Beach County retirees.
"We extend our heartfelt apologies to the visitors who came to our city to
peaceably voice their concerns, but who were met with closed fists instead
of open arms," panel members wrote.
Thousands of law enforcement officers from more than 35 agencies descended
on Miami for the three-day summit on the mistaken belief that the talks
would attract 100,000 rock-throwing protesters, including scores of
anarchists.
An estimated $24 million was spent on security to quell anticipated
violence in the wake of the chaotic trade talks in Seattle in 1999.
As Miami beefed up security, Boca Raton officials worried that protesters
would scurry north to disrupt an annual GOP governors convention at the
Boca Raton Resort and Club the weekend after the summit. They spent
$234,000 to secure the city against protesters who never came.
And while protesters did come to Miami, official estimates put the crowd
at around 10,000 -- about a tenth of original estimates.
Those who attended the summit said the police presence was staggering.
Larry Winawer of West Palm Beach was among the estimated 290 arrested. A
judge in mid-May threw out a charge of disobeying a lawful order, but
Winawer said he has yet to recover from the experience.
"I'm still pretty ticked off by the whole thing," said Winawer, who was
helping a group of retirees make their way back to a bus when he was
corralled by police.
"I feel vindicated," he said.
But, he said, his faith in law enforcement was rocked and he still has
numbness in his hands from nerve damage he suffered when he was handcuffed
for 12 hours.
Robert Ross, a Lake Worth attorney who is representing Winawer and 20
others in a class-action suit against various city, county, state and
federal officials, said videotape was the key to proving police went too far.
"There was a ton of video evidence -- excruciating evidence of police
activity -- so a lot of the findings are inescapable," he said.
For instance, video of Winawer's arrest by the Broward County Sheriff's
Office clearly showed officers had no reason to order a crowd of people to
the ground, much less arrest them, Ross said.
The video shows that Winawer and others were following orders of Miami
police when they turned down an alley and began walking along railroad
tracks. When they turned, however, they were confronted by Broward
deputies who ordered them to the ground.
"What are you doing? Why are you arresting us? We're trying to get back to
our bus," one woman calls out on the video, Ross said.
Such video, he said, will be important to the class-action suit he has
filed and others he and the American Civil Liberties Union plan to file.
Video footage also undoubtedly influenced members of the county's
Independent Review Panel and will be key to the findings of another panel
investigating police actions during the talks, he said.
The county panel oversees only the Miami-Dade Police Department. The Miami
Civilian Investigative Panel is reviewing the actions of the Miami Police
Department, which served as the lead law enforcement agency and was the
subject of much criticism during the talks. The Miami panel has not
completed its investigation.
While the county's report is only a draft, the head of the group that
Miami-Dade County commissioners created in the wake of the 1979 Miami race
riots said dramatic changes are unlikely.
"Do I think the majority of the findings and recommendations and the
narrative will stay the same?" Executive Director Eduardo Diaz said.
"Based on my discussions with the chairman, yes."
Thomas Guilfoyle, legal adviser to Miami-Dade police, said the county
panel should take care to distinguish between actions of his department
and those taken by the other agencies.
For instance, he said, Miami-Dade officers didn't fire rubber bullets.
"Didn't issue them, didn't use them," Guilfoyle said.
He also said the panel should clearly delineate between allegations and
fact. "People said some pretty outrageous things," he said.
But, as Winawer and others said, officers also did some outrageous things
-- many of which were unjustifiable.
Out of those who were arrested and took their cases to trial, only one has
been convicted -- a homeless man who declined legal aid, Ross said.
Another 16 who were charged with felonies agreed to do community service
in exchange for their records being cleared. He said about 30 cases are
pending.
Winawer, who is running as a Democrat for the Palm Beach County clerk of
courts, said he is pursuing the class-action suit in hopes of preventing
police misconduct.
Diaz said the panel also wants to ensure that Miami is never again turned
into a police state.
"We're not in the business of castigating or punishment," he said. "What
we are interested in is helping the police be as excellent as they can
possibly be."
jane_musgrave@
pbpost.com
=====================
Former Police Chief Sentenced
Monday, a judge sentenced former Somerset police chief Larry Godby. Godby
was convicted on intimidation of a witness and official misconduct charges.
A Pulaski County jury recommended a sentence of one year in prison and a
$500 fine, but the final sentencing decision was up to judge Paul Braden.
Attorney Gary Crabtree argued that Godby's sentence on the intimidation
charge should be probated.
Crabtree said Godby was no threat to the community and reminded Judge
Braden of several letters written on his clients behalf.
However, Braden rejected those and stuck with the jury recommended sentence.
Godby will have to pay a $500 fine, plus court costs, but he won't spend
time behind bars because Judge Braden granted him an appeals bond.
Defense attorney Gary Crabtree, "This permits Mr. Godby to remain out on
bond until the case is finally decided upon appeal."
Commonwealth's attorney Brian Wright, "I'm not sure what opinion to have
about that. He's been granted an appeals bond. We'll wait."
Godby's attorneys say there were numerous errors made in the case. They
vow the fight to have their client cleared is not over yet.
=====================
Published: Jun 20, 2004
Modified: Jun 20, 2004 3:50 AM
100 to retake police exam
The Associated Press
CHARLOTTE -- Sixteen more Charlotte-Mecklenburg police officers have been
suspended in connection with a probe of whether recruits cheated on exams
and about 100 officers will have to retake academy tests, according to a memo.
Police Chief Darrel Stephens told the City Council in a memo late Friday
that the officers will have to retake 20 academy tests. Twenty-two
officers already have retaken the tests.
Just two of 160 officers accused of misconduct haven't learned their fate,
but it appears no one will be fired. The most serious punishments were
15-day suspensions.
Recruits in 2001 copied those tests, researched the answers and then
compiled a study guide that was passed from class to class. The department
discovered the guide and began its investigation in February when a
recruit accused of plagiarism revealed it.
"We think the discipline is appropriate," Stephens said. "It held people
accountable for their behavior and acknowledged the department staff made
some mistakes."
The memo did not address the role of the three academy staff members
accused of misconduct or say whether they were disciplined. Stephens said
doing so would identify them, and he isn't allowed to do so by law.
In his memo, Stephens said passing the tests will help the credibility of
the officers accused of wrongdoing. "This option was determined to be the
most appropriate because it will require a significant commitment of study
time from these officers to ensure they pass the tests," he wrote.
Of the 160 officers accused, 22 received no discipline. Two have an
internal hearing this week and two have resigned for unspecified reasons.
The others received a written reprimand or a suspension.
The suspensions run from three to 15 days, in each case with a portion of
the time suspended for a year. The suspensions are unpaid, but in many
cases officers are allowed to use paid vacation time.
=====================
ALBANY
Probe finds no evidence of misconduct by bishop
6/25/2004
ALBANY (AP) - An investigation found nothing to support accusations of
sexual misconduct against Albany Bishop Howard Hubbard, a former federal
prosecutor hired by the diocese said Thursday.
Mary Jo White, U.S. attorney in Manhattan until 2002, said her
investigation included a lie-detector test that found the 65-year-old
bishop has kept his vow of celibacy.
In February, a man claimed that Hubbard abused his brother 30 years ago.
The alleged victim, Thomas Zalay, committed suicide in 1978. A second man
claimed Hubbard paid him for sex in the 1970s.
Hubbard has vigorously denied the allegations and requested the
investigation after the county prosecutor declined to look into them.
John Aretakis, a lawyer representing several people who claim sexual abuse
at the hands of Albany Diocese clergy, has said it would be impossible for
White to be impartial because the diocese was paying her bill.
White denied being influenced by the diocese.
=====================
Discipline meted out to 2 cops in fatal chase
Fri Jun 25, 4:40 AM ET
By Eric Swedlund , arizona daily star
A Marana police officer will be suspended without pay for one day and a
detective will lose his take-home car for 60 days after a department
review found they violated policy during a fatal traffic pursuit in April.
The internal review determined four Marana Police Department officers
violated department policy during the high-speed pursuit, initiated by the
Pima County Sheriff's Department on April 21.
The pursuit lasted 30 miles, hit speeds greater than 100 mph, and ended
when the driver, 17-year-old Gabriella Bernice Grijalva, lost control of
her car and rolled on Sandario Road at Picture Rocks Road. Both Grijalva
and her passenger, Codi Lee Colvin, 16, were ejected, and Grijalva was
pronounced dead a short time afterward.
The Marana summary report was obtained by the Arizona Daily Star on
Thursday in response to a public-records request. While officers did
violate policy, the review found that none of their actions contributed to
the outcome of the pursuit, said Jane Howell, Marana's human-resources
director.
Officer Michelle Ochoa, who responded when deputies requested assistance,
was found to have violated policy in not requesting authorization to
engage in the pursuit, only advising once she was involved, according to
the summary report.
She also continued to the collision scene after being told to return to
Marana High School, did not complete her report for several days and did
not accurately document using her vehicle as a roadblock during the
pursuit - all violations of department policy. Ochoa, 36, has been with
the department since June 2002.
For her actions, Ochoa will be suspended for a day, lose her special
assignment as a school resource officer, receive a letter of reprimand and
attend a training session on ethics, Howell said.
Detective Rich Palma told the review board he knew he violated department
policy against taking part in a chase "in any capacity" in an unmarked
vehicle but said he was not in active pursuit of the girls' vehicle. In
addition to that violation, Palma was found to have taken action that was
not accurately reflected in his report.
For those violations, he will lose his take-home vehicle for 60 days,
receive a letter of reprimand and attend ethics training, Howell said.
Palma, 39, has been with the department since May 1996.
Officer Chris Lee was determined to have violated department policy by
failing to advise dispatchers or request authorization to go to the
accident scene, which was out of Marana's jurisdiction.
Officer Art Ross violated policy by failing to request authorization to go
to the accident site.
Neither Lee nor Ross has been served with discipline.
Also included in the summary report is an interview with Officer Ray
Garcia, who acted as a supervisor during the pursuit. He told the review
board that he suggested two on-duty sergeants step into the command role,
but neither did.
Garcia also told the review board he was an officer in charge for the
first time and that for him to "assume this responsibility when a sergeant
was standing in front of him was wrong," the report said.
None of the Pima County Sheriff's Department deputies or supervisors
involved in the fatal pursuit violated any department guidelines,
ac-cording to aninternal report, obtained by the Star earlier this month.
No policy will be changed or reviewed and no discipline meted out, said
Bureau Chief George Heaney, who heads operations for the department.
The chase began in the early afternoon, when Deputy Jordan Seeley saw the
Honda traveling faster than 100 mph on the eastbound Interstate 10
frontage road near Tangerine Road. Seeley first tried to stop the Honda
using lights and siren, but Grijalva kept going.
Seeley then began chasing the car, which at times failed to yield, ran
stop signs, made sharp turns, and traveled at high speed past vehicles and
school buses on narrow, rural roads.
Marana's Ochoa joined the pursuit, but backed off as Deputy Clifford
McGrath arrived. The pursuit ended about 17 minutes after it began, when
the Honda failed to negotiate a small curve and rolled.
It is still unknown why the girls failed to stop, though Grijalva did not
have a driver's license and the teens were skipping school, officials have
said.
=====================
Sunday, June 13, 2004
Report advises police to record interrogations
By Janice Morse
The Cincinnati Enquirer
Calling the issue "a matter of national concern," a Northwestern
University law school report says police officers could better serve
justice by taking a simple step: tape-recording interrogations in serious
criminal cases.
Audio or video recordings of suspects' interviews would prevent
misrepresentations of what happened during questioning, says
Northwestern's Center on Wrongful Convictions in a report released today.
Yet many U.S. police agencies - including some in Greater Cincinnati and
Northern Kentucky - do not routinely electronically record suspects'
statements about homicides, armed robberies, sex crimes and assaults with
weapons.
"Recording interrogations, not merely confessions, will substantially
reduce the dual problems of false confessions that lead to convictions of
the innocent and false accusations of police misconduct that lead to
acquittals of the guilty," said Rob Warden, the center's executive
director. "Despite the benefits, some police agencies have been extremely
reluctant to even experiment with the process."
While police in Erlanger use video cameras to capture every enforcement
and investigative action, some police departments in the region use little
or no recording equipment. They cite concerns about cost, convenience and
equipment malfunctions. Others said they think the presence of recording
devices might intimidate some talkative suspects into silence.
But 238 police agencies in 38 states have found the practice valuable -
and most fears unfounded.
"Virtually every officer with whom we spoke, having given custodial
recordings a try, was enthusiastically in favor of the practice," the
Northwestern center report said.
Based on those findings - and on the pervasiveness of recording devices in
everyday life - the center is urging courts and law agencies to consider
requiring recording of in-custody interviews in all major felony cases -
from the time an officer informs a suspect of his rights until the
interrogation is over.
Terry Weber, a Hamilton County assistant public defender, is concerned
about the untaped statement his 14-year-old client gave to police about a
Cincinnati homicide.
"How do you prove my client's side of what he said if there is not an
audio or video recording of the actual event?" Weber asked.
When police do tape interviews, they sometimes delay turning on the
recorder until a point when they believe the suspect is telling the truth,
Weber said. "If you're not going to cover the entire interrogation, the
entire discussion, that's simply not fair," he said.
John E. Murphy, executive director of the Ohio Prosecuting Attorneys
Association, said defense attorneys do and will always attack a suspect
interview.
"In my opinion, (tape-recording) is not the panacea it's held out to be,"
he said.
Butler County Prosecutor Robin Piper says tape-recorded interviews present
practical difficulties, as well.
Officers may spend a long time building rapport before getting to the meat
of an interview, he said, loading a tape with extraneous information. "You
stand the risk of boring a jury, because a jury wants to get to the bottom
of things," Piper said.
Also, written statements are more efficient to use in confronting
witnesses. "It's easy to hand them a page or two or three and say, 'Now,
weren't these your words?' " Piper said.
That's hard to do with tapes, he said.
Last week, a Butler County jury convicted Jason Sam Campbell, 22, in a
double homicide, largely based on a confession that Hamilton police Lt.
Scott Scrimizzi typed into a laptop computer. Scrimizzi said he allowed
Campbell to read his statement and edit it before signing it. That
procedure guarantees fairness and accuracy, Piper said.
Campbell's lawyers didn't dispute the statement's contents. But they
questioned why Scrimizzi didn't use an audio or video recorder. Scrimizzi
said he was following past practice.
"Our policy doesn't really make any provision for videotape," said
Hamilton Police Chief Neil Ferdelman.
But neither is it forbidden, so Ferdelman said he would be willing to
consider the Northwestern report's findings in consultation with Piper's
office.
Some police departments have routinely recorded statements for decades.
For at least four years, Cincinnati police who handle major felony
investigations have operated under a policy calling for electronic
recordings of every person interviewed "except in exigent circumstances or
when doing so is likely to compromise the interview or the information
gained (from it)."
Lt. Kurt Byrd, Cincinnati police spokesman, said officers are allowed to
stop recording if a suspect appears uncomfortable or stops talking because
of the recording.
"Some people just don't like being recorded. ... And you'd be remiss if
you failed to get the information," Byrd said. Otherwise, "Why wouldn't
you want it on tape? If the guy's willing to do it, why wouldn't you want
to put it there?"
Erlanger police began comprehensive recordings in 2002.
"We record everything, pretty much," said Marc Fields, Erlanger police
chief. "There's no one incident that caused us to do this. It's just a
national trend."
=====================
Rapper DMX arrested for car theft
Saturday, June 26, 2004 at 07:48 JST
NEW YORK - Rapper and actor DMX has been arrested on charges that he and
another man tried to steal a car in a parking lot at Kennedy Airport,
authorities said Friday.
DMX, whose real name is Earl Simmons, and Jackie Hudgins were arrested
Thursday night after Port Authority police interrupted a dispute between
the two and another man whose car they allegedly tried to steal,
authorities said.
A preliminary investigation indicated that Simmons may have identified
himself as a federal agent, according to Tony Ciavolella, a Port Authority
spokesman.
No one was hurt and no weapons were recovered, Ciavolella said.
Simmons and Hudgins were arrested on charges of attempted robbery,
criminal impersonation and criminal mischief, he said. They were in
custody and were expected to be taken to central booking in Queens late
Thursday. (Wire reports)
=====================
June 4, 2004
Jury picked in trial of ex-cop accused of abuse while on duty
By Rebecca Nolan
The Register-Guard
Attorneys in the trial of Roger Eugene Magaña are expected to make their
opening statements today before a jury of six men and six women in Lane
County Circuit Court.
Jury selection ended Thursday afternoon after two full days of
questioning, during which Lane County Deputy District Attorney Bob Lane
and defense attorney Russell Barnett tried to root out any biases or
conflicts of interest among a pool of 48 potential jurors.
In the end, Circuit Court Judge Karsten Rasmussen seated the 12-person
jury and four alternates - three women and a man - to weigh evidence in
the trial of the 41-year-old former Eugene police officer accused of
sexually abusing women while in uniform.
The panel includes a retired high school counselor, a drywall contractor,
an orthopedic nurse, a toy store manager, a health insurance company
marketing employee, a manager at a food distribution center, and a manager
for a local utility.
The trial is expected to last about six weeks.
"This is likely to be the longest trial that we have tried in Lane County
in a long time," Rasmussen told the panel after swearing them in.
He said the court would try to accommodate the jurors as well as possible
but, ultimately, the time commitment will be a "tremendous inconven- ience."
A number of potential jurors were excused from serving due to conflicts
with work, child care or travel arrange- ments.
Others were sent home after questioning revealed past histories of abuse
or personal beliefs that might color their interpretation of the evidence.
For the second day, attorneys asked about attitudes toward law
enforcement, previous experiences with police, history of sexual crimes
among family or friends, and familiarity with cellular phones, computers
and DNA evidence.
They also asked about opinions formed from media coverage of the case and
any drug or alcohol abuse among family or friends.
Magaña is charged with 52 counts ranging from first-degree rape to
harassment. Police and his accusers have said he used his job as an
officer to force women to perform sex acts on him while on duty. In some
cases, he is accused of threatening the women with physical injury or arrest.
The prosecution may call as many as 80 witnesses to testify against
Magaña, Lane said. He told potential jurors to expect testimony about DNA
evidence, computer activity and approximately 1,500 pages of cellular
phone records.
The defense will contest the facts of the case and try to create
reasonable doubt in the minds of the jurors, Barnett has said.
=====================
By Lisa Goldberg
Sun Staff
Originally published June 22, 2004
Howard County paid $115,000 to settle a lawsuit filed by a former police
officer who alleged that a male-oriented "locker-room" atmosphere in the
county Police Department fostered sexual harassment she suffered at the
hands of a supervisor and that she endured retaliation when she complained.
County officials denied liability in the case filed by Cpl. Linda Freeman
but allowed her to retire with benefits after she reached her 20-year mark
of service in April.
The move came more than four months after negotiating the settlement,
according to an edited copy of the agreement that a Howard circuit judge
ordered released late last week.
Freeman sued the county in U.S. District Court last year, alleging a
series of incidents she said began in 1999 and involved her supervisor, a
sergeant, who retired in 2002 with 20 years of service at the rank of
corporal.
Among Freeman's allegations in the lawsuit: The sergeant promoted and
organized "bull roasts" - outside-work events that featured strippers;
made sexually derogatory comments about women; told sexually explicit
stories in the police station; and showed pornographic pictures to officers.
In court papers, Freeman said her complaints led to retaliation, first by
the sergeant and later by the department, an agency where such behavior
"is not only tolerated ... but also encouraged through the systematic
ostracizing of and retaliation against officers who complain about
misconduct of other officers."
After complaining to Chief Wayne Livesay in early 2001, Freeman was
assigned to "the least desirable patrol area," and later she was denied a
promotion and a transfer to a detective position, according to the lawsuit.
'Improper' conduct
Police officials said some - but not all - of Freeman's allegations
against the sergeant were supported by an internal affairs investigation
and said his conduct was "improper" and "prohibited," according to court
papers.
But the officials denied that there was any retaliation against Freeman or
that the department's response was improper.
Freeman was transferred after she requested a reassignment and was not
promoted because other candidates were more qualified, the county said in
court papers.
County officials also noted the county's workplace anti-harassment policy
and related seminars in court papers, saying it shows they have tried to
prevent and "promptly correct" such behavior.
The county said in court documents that police officials began an internal
affairs investigation the day after the complaint was made and that
Freeman acknowledged that she did not experience any sexual harassment
after that.
County officials and lawyers for Freeman, who joined the department as a
cadet in April 1984, initially refused to discuss the terms of the
settlement, pointing to a confidentiality provision in the agreement.
After receiving a Public Information Act request from The Sun, the county
asked the court to determine whether the document should be released.
No comment
Freeman's lawyer, Jonathan Ruckdeschel, said yesterday that he could not
comment on the portions of the agreement that are sealed and that appear
to include details about how Freeman would officially leave the department.
But he did say his client did not return to work after the two sides
reached an agreement in the fall.
And a reference to worker's compensation in the agreement appears to
indicate that she may have remained on the department's payroll until her
official retirement.
"Linda was very pleased with the settlement and that the county finally
addressed her concerns in a way that provided meaningful relief to her,"
Ruckdeschel said.
Carol Saffran-Brinks, a senior assistant county solicitor, said it would
"not be appropriate to comment" on the case because it is still governed
by the confidentiality clause.
=====================
Wednesday, June 16, 2004 - Page updated at 12:00 A.M.
3 police officers won't be retried
By Christine Clarridge
Seattle Times staff reporter
King County prosecutors won't retry three police officers whose trial for
allegedly illegally detaining and roughing up a reluctant informant ended
in a hung jury last week.
Prosecuting Attorney Norm Maleng issued a brief statement yesterday saying
that despite the lack of a definitive verdict, it was right for
prosecutors to take the case to trial once.
"There are categories of cases that are deserving of examination by a jury
and allegations of police brutality are among them," Maleng's statement said.
"The fact that the jury could not reach a conclusion is an indication of
how challenging these cases are."
One prosecutor said yesterday's decision was based largely on the fact
that the jury deadlocked 8-4 in favor of acquitting the police officers on
five of the six charges.
Defense attorneys for the three men said the decision to drop the cases
should be seen as exoneration.
"It recognizes that a majority of the jurors believed our clients were
innocent and that they were doing their jobs at the time this nonincident
happened, " said defense attorney David Allen, who represented King County
sheriff's deputy James Keller.
Keller, fellow sheriff's deputy George Alvarez and Des Moines police
officer Barron Baldwin were arrested last year and charged with unlawful
imprisonment and fourth-degree assault.
They were accused of pepper-spraying and hitting Michael Winchester, a
drug user they wanted to turn into an informant, in October to punish him
for not returning their phone calls.
Prosecutors also alleged the three officers drove Winchester to the Green
River and threatened to throw him in. The incident was initially reported
to police supervisors by another officer who was there at the time. But
the defendants argued that officer wasn't close enough to see and fully
comprehend what was going on.
All three men remain on paid administrative leave pending the results of
internal investigations. Meantime, they are in court in Kent facing a King
County inquest into a separate fatal shooting of a reputed drug dealer
that occurred in September.
Their jobs as police officers are still in question.
Baldwin's status at the Des Moines Police Department depends on the
results of a continuing internal investigation, a department spokesman
said yesterday.
Keller and Alvarez face a special hearing with King County Sheriff Dave
Reichert to determine whether they will be fired or face any other
punishment from the department, according to spokesman Sgt. John Urquhart.
At one point, the Sheriff's Office formally notified Keller and Alvarez
that a supervisor who had reviewed the investigation was recommending
termination.
But defense attorneys said that in light of the jury's split, the men
ought to get their jobs back. "It should send a very strong message to the
Sheriff's Office that these officers are needed back on the street, and
should be reinstated as soon as possible," Allen said.
The jury deliberated more than four days before deadlocking on five of the
six charges against the officers. On the sixth charge, the jury acquitted
Keller of fourth-degree assault.
The shooting inquest in Kent is looking into the death of 34-year-old
David Taiese Fesili. It is expected to end today with a jury answering
questions of fact to help prosecutors determine whether any laws were broken.
Fesili died when Baldwin, Keller and Alvarez returned fire after Fesili
fired at them numerous times while fleeing in a stolen car near Des Moines.
King County inquest juries have never ruled against a police officer in a
fatal shooting.
Christine Clarridge: 206-464-8983 or cclarridge@
seattletimes.com
=====================
EX-POLICEMAN RECEIVES PROBATION TERM FOR FRAUD
By Ray King/OF THE COMMERCIAL STAFF
A former Pine Bluff police officer was sentenced to five years
probation after pleading guilty to federal fraud charges.
Judge George Howard Jr. also ordered Reuben Bledsoe Jr. to repay
$23,221 to the federal Department of Housing and Urban Development and
placed him on electronic monitoring for six months.
Bledsoe was sentenced May 27 after a probation report ordered by
the court was completed. He could have received up to five years in prison
and a fine of up to $250,000.
He resigned from the Police Department after entering the plea in
U.S. District Court at Little Rock in March.
Bledsoe was indicted by a federal grand jury at Little Rock on
Oct. 30, 2003, and charged with two counts of making false, fictitious and
fraudulent statements to HUD to receive a federal rent subsidy in 1999 and
2000.
The second count of the indictment was dismissed.
According to the U.S. Attorney's Office, the charges involved
money Bledsoe received for rent and utilities while living at the
Southeast Apartments at 1100 E. 36th Ave.
The indictments charged that Bledsoe claimed to have no income on
forms submitted to HUD "when in truth and fact, as the defendant well
knew, he was employed and received income from such employment."
Police Department records indicated that Bledsoe was employed as a
police officer during both years mentioned in the indictment and was paid
approximately $29,000 annually.
Former police chief Nathaniel Clark fired Bledsoe on July 25,
2001, after an internal affairs investigation into the allegations. He had
been placed on administrative leave two months earlier.
That investigation revealed that Bledsoe forged the name of a
police captain on paperwork that certified him as an auxiliary officer and
on another form that claimed Bledsoe had been "let go" after a federal
grant ran out.
Bledsoe appealed the firing and after a hearing on Nov. 13, 2001,
was reinstated by a unanimous vote of the Pine Bluff Civil Service Commission.
=====================
Lawyer disputes allegations in officer's drunken driving case
June 16, 2004
QUINCY, Mass. -- The lawyer for a veteran Quincy police officer accused of
causing a three-car crash while driving drunk says his client was not
behind the wheel at the time of the accident.
ADVERTISEMENT
Richard Bardi told The Patriot Ledger of Quincy that the allegations
against Officer Michael Cronin are "fabricated" and "grossly unfair."
A more thorough investigation will show that another person was driving
the car, Bardi said.
"This was simply a rush to judgment based on incomplete information," he said.
Investigators say Cronin was drunk when he crossed the center line and hit
two other cars. Cronin, 33, and the drivers of the other vehicles, David
O'Donnell, 20, and Marjorie Flemming, 36, both of Quincy, were treated at
local hospitals and released.
Cronin, awaiting trial in connection with a hit-and-run accident last
July, was accused of drunken driving, driving to endanger and crossing
marked lanes. He is scheduled to appear before a clerk magistrate for a
hearing to determine if the criminal charges will be filed.
State police are investigating.
=====================
BX woman demands answers after police barge into her home during the night
PLAY THE VIDEO Play the video
(06/25/04) BAYCHESTER - Family members living at 3327 Seymour Avenue say
they awoke to find themselves in the middle of a police search.
Maudrie Nelson says she heard a crash at her door and when she went to see
what was happening she was greeted by a police officer pointing a gun. She
says the officers then identified themselves and said they were looking
for a suspect.
Nelson says the police thought the suspect ran into her home and adds that
she received no further explanation. She says there is now shattered glass
and broken doors in her home yet the police officers never apologized.
Aside from the damage, Nelson said one of her biggest concerns is that she
has two young sons and fears that police could have easily pointed a gun
at them.
Nelson called 911 after the incident and an officer took her statement.
She says she was told there would be an investigation. The officers who
entered Nelson's house said they would pay for the damage, but Nelson says
that's not enough. She wants an explanation and an apology.
=====================
Mount Vernon police looking into allegations of police brutality
PLAY THE VIDEO Play the video
(06/14/04) MOUNT VERNON - Mount Vernon police are looking into allegations
of police brutality. The incident, which occurred on Friday, was described
in court Monday.
Sione Douglas says the plain clothes police officers patrolling North High
Street beat her 12-year-old brother, Ronald Douglas. According to Douglas,
when her father, Benny Owens, and cousin, Beth Smalls, stepped in to stop
the cops from beating her brother, they were arrested. Douglas
18-year-old son, MacArthur Lee, as well as her brother were also arrested.
Douglas says her brother had to be hospitalized after police beat him. Her
father wants a thorough investigation to determine why his son was
hospitalized as a result of police conduct. Mayor Ernie Davis says they
are looking into the allegations of excessive force in the arrest of
the12-year-old. Mount Vernon police are not commenting until the
investigation is complete.
Officials say Douglas son and her father were released on their own
recognizance. Her cousin, who was charged with resisting arrest, remains
in jail. The next court date is Thursday.
=====================
COP KID-SEX BUST
Sat Jun 12, 3:23 AM ET
By JOE McGURK and MURRAY WEISS
A Bronx cop was charged with sodomizing a 13-year-old boy yesterday after
a group of stunned passers-by caught him having sex with the youth near a
baseball field, police said.
Kelly Softens On Anti-Gop Protest
3 Degrees Of Family Pride
'stalker' Nabbed,,,
Officer Luis Delgado, a 12-year NYPD veteran, was so unconcerned after
being caught with the half-naked youngster that he allegedly told people
who were walking by to "get the f--- away from me!"
When passers-by said they would call police, Delgado shouted back, "I am
the police!" and continued to assault the teen, witnesses said.
"He didn't even take off," said shocked passer-by Cindy Arrindel. "It
really upsets me.
"Children trust police officers. These boys were just playing in the park."
After getting a 911 call, cops responded to French Charley's Park at about
5 p.m., police said.
Residents said Delgado, 39, tried to run away after witnesses called the
police and his fellow officers confronted him.
Cops caught Delgado a few minutes later.
Law-enforcement sources said the arresting officers knew they had found a
fellow cop when they saw Delgado's NYPD identification on the car's dashboard.
Delgado, assigned to the 41st Precinct in The Bronx, has been suspended
from the force and is expected to be charged with sodomy.
He was awaiting arraignment last night.
Delgado has no police record of child abuse, or any police misconduct
charges against him.
Residents said the boy, whose name was not released, is from the
neighborhood and known to be one of the many youths who regularly play
baseball in the park.
The area near the ballfield where the alleged attack took place was filled
with people strolling and playing games yesterday afternoon at about the
same time as the attack.
Residents said the park is always packed on a sunny day, but has a
reputation for becoming a dangerous place after dark where men look for
other men to have sex with in the wooded areas near adjoining Metro-North
tracks.
"People are afraid to come into the park at night," Arrindel said.
=====================
Tarpon police inquiry grows
An evidence-planting allegation causes friction between the police
chief and public defender.
By CANDACE RONDEAUX, Times Staff Writer
Published June 24, 2004
TARPON SPRINGS - The Florida Department of Law Enforcement is reviewing an
allegation that three Tarpon Springs police officers planted evidence on a
suspect in March.
The Pinellas-Pasco Public Defender's office notified FDLE of the
allegation about two months after officers arrested Tarpon Springs
resident Terry Campsen on charges of unlawful use of a driver's license
and possession of cocaine.
The claim is the latest in a series of complaints being scrutinized by the
FDLE, which launched an inquiry into Tarpon Springs police practices early
last year. It also marks one of the first times that the public defender's
office has lodged a formal complaint against the Police Department.
Pinellas-Pasco Public Defender Bob Dillinger's accusation has provoked a
heated dispute over how the police department handles internal affairs
investigations. Dillinger has called for the Pinellas County Sheriff's
Office to investigate, but Tarpon Springs police Chief Mark LeCouris
balked. He denies his officers did anything wrong and sent an angry letter
this week to Dillinger.
Sheriff Everett Rice said his agency is ready to step in but won't unless
Tarpon Springs police ask him to do so.
Campsen, 42, said police planted a pocket knife tainted with cocaine on
him when they arrested him near the corner of Harrison Street and North
Avenue on March 20, said Troy Hitchcock, chief investigator for the public
defender's office.
His arrest at an intersection near the heart of Tarpon Springs' Union
Academy neighborhood is one of several arrests in the primarily
African-American community being reviewed by the FDLE. Other cases under
state scrutiny involve questionable police searches and use of force.
Officer Tommy Nguyen stopped Campsen during a routine patrol early that
morning. Nguyen, police Sgt. Robert Gellatly and Officer Robert White
questioned Campsen after chasing him when he ran, according to a police
report.
When a check revealed that Campsen had given the officers a false name and
Social Security number, police arrested Campsen. Officers found the knife
in Campsen's pants pocket, records show. Nguyen later inspected the knife,
finding a small baggy between the handle and the blade that contained
cocaine residue, records show.
Records show Campsen disputed that the knife was his, and, according to
Hitchcock, passed a polygraph exam involving his claim.
Campsen has a history of drug arrests that date to 1997, when he was
charged with attempting to buy crack cocaine in Clearwater, according to
FDLE records. He was released on his own recognizance about two months
after the latest arrest. The case is scheduled for a hearing in July.
Tarpon Springs police Capt. Ronnie Holt said the FDLE requested
information about Campsen's arrest earlier this month. But he said his
department closed its internal affairs investigation into the complaint of
evidence-planting after the public defender's office refused to allow
Campsen to be interviewed by his officers.
"You can't have your cake and eat it, too," Holt said. "You can't make an
allegation like this and expect us to take a third-party complaint, and,
based on the fact that he passed a polygraph that they gave him, say now
go out and do your investigation."
But Dillinger questioned the police department's handling of the case in a
June 17 letter to Holt. He said the police department's request that
Campsen submit to a second polygraph test administered by Tarpon Springs
officers "appears to reflect a lack of basic understanding of the criminal
court system."
"When there's a pending criminal case, you rarely make the defendant
available to the agency that is accused of setting him up," Dillinger
said. "You can investigate without talking to the defendant. They can look
at the polygraph results."
Dillinger questions whether a police department as small as Tarpon
Springs' is equipped to handle its own internal affairs investigations. In
his letter, he suggests police ask the Sheriff's Office to conduct an
independent inquiry into the allegations.
In response, LeCouris on Tuesday sent a sharply worded letter accusing
Dillinger of attempting to "smear the reputations" of his officers.
"Regardless of the opinion of your office, the Tarpon Springs Police
Department is qualified and very capable of conducting internal
investigations of employee misconduct," LeCouris wrote.
Rice said that he has received no request from Tarpon Springs to
intercede. But he said he thinks the Tarpon Springs Police Department
might benefit from an independent internal affairs investigation.
The sheriff said the police department has come a long way since a grand
jury recommended that the city disband the agency in 1987. Still, Rice
said he thinks his office could do a better job of policing Tarpon Springs.
"I believe the people of Tarpon would be better served if they merged the
police department with the Sheriff's Office," Rice said. "But I know that
it's up to the people of Tarpon Springs to decide to do that."
FDLE spokesman Rick Morera said Wednesday that his agency is "aware" of
Campsen's allegations about evidence-planting.
"We are monitoring Campsen's complaint," Morera said, declining further
comment.
Holt, who led the internal affairs investigation into the
evidence-planting claims, acknowledged he did not question the accused
officers. He said the officers had no history of disciplinary problems and
that he had no reason to believe they were involved in any wrongdoing.
Nguyen, 28, was officially hired by the police department a year ago.
Nguyen has received several letters of commendation for his performance on
the job. In April, he was issued a written reprimand after he crashed a
police cruiser, according to police personnel files.
Gellatly, 36, and White, 33, are both considerably more experienced.
Gellatly is a 14-year veteran. He has been disciplined twice by his
superiors - once in March 2003 for failing to answer his pager and once
for his involvement in an August 2000 traffic crash.
White joined the department nearly three years ago and previously worked
for the New Port Richey Police Department for about seven years. He also
worked for the Polk County Sheriff's Office and the St. Pete Beach Police
Department.
- Times researcher Cathy Wos contributed to this report. Candace Rondeaux
can be reached at 727 771-4307 or rondeaux@
sptimes.com
INQUIRIES SO FAR
The Tarpon Springs Police Department has been investigated in recent years
for:
Allegations that two officers "hung out" with drug dealers and gave them
information about forthcoming arrest warrants. The Florida Department of
Law Enforcement closed the case in 1998, saying "prosecutable cases could
not be made."
The death of a drug suspect who suffered a fatal head injury during an
arrest by a plainclothes Tarpon Springs officer in June 2000. The officer
left the department in April 2003. The U.S. Department of Justice closed
its inquiry in January, saying it did not find enough evidence to pursue
the case.
Police practices in 16 cases involving questionable searches and use of
force. Officials familiar with the investigation have said the state is
reviewing other evidence-planting allegations. The FDLE investigation is
ongoing.
=====================
Article Published: Saturday, June 26, 2004
No accord on civilian review
Police panel hit impasse
By Mike McPhee
Denver Post Staff Writer
Mayor John Hickenlooper says the work of reforming the Denver Police
Department is four-fifths done.
But the one remaining issue - what role, if any, civilians will have in
disciplining officers - proved to be too difficult and contentious for the
mayor's 38-member task force. After three police officers on the task
force walked out of negotiations five weeks ago, members told the mayor
they couldn't recommend any changes.
"Everybody knew from the start that this would be the Achilles' heel for
the task force," said member Michael Hancock, a city councilman from
Montbello. "The police aren't opposed to civilian review. The issue is how
it will operate."
The task force reached agreement on many other issues related to the
department's use-of-force policies, discharging weapons, training and the
use of specially trained officers for crisis intervention.
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When Hickenlooper announced those changes Thursday, he said he would craft
a compromise on the civilian oversight issue and present it to the City
Council "in a few weeks."
If a change is to be made, it will most likely be a change to the city's
charter, which requires a vote of the people.
To get the change on the ballot for November's election, the City Council
would have to receive the mayor's recommendation by next month, then vote
by August on the language that would appear on the ballot.
Some observers say that's too quick.
"No way it can happen that quickly," Councilman Rick Garcia said. "There
are too many other ballot issues distracting us. I don't see it happening
until next spring."
But Councilwoman Marcia Johnson believes a November vote is possible.
"It's a short amount of time to come up with the language for the ballot,"
she said, "but I think we can do it."
The mayor has at least three options, two of which were drawn up by
factions of his police reform task force:
# Leave the current practice unchanged, with no civilian oversight.
Complaints against officers are now investigated by the police Internal
Affairs Bureau with oversight from the district attorney's office.
Discipline is decided by the department and the city manager of safety.
# Establish an Office of Civilian Review and a Public Safety Commission,
both consisting entirely of civilians. Authority to discipline would be
given to the Public Safety Commission, under the proposal favored by
community activists on the task force.
# Establish an independent monitor or auditor, with input from the police
and civilians, a plan proposed by the police union.
The union also proposed the option of keeping the current system but
adding a Denver Police Shoot Board to allow civilians a chance to review
police shootings. The board would be composed of area police officers and
civilians but would have no disciplinary power.
The mayor favors change, so the first proposal doesn't seem likely.
The civilian review office, proposed by seven civilian members of the task
force, would take away nearly all police involvement in review and
discipline. The five-member office and the seven-member commission would
be appointed by the mayor and approved by the City Council.
The commission would be the final authority for all police and fire
department policy and would handle all disciplinary matters and
promotions. Under this proposal, the Police Department's Internal Affairs
Bureau would be eliminated.
The Police Protective Association favors an independent auditor's office
with six paid staff members and a 17-member volunteer advisory committee
to review police operations. Disciplinary authority would remain within
the department and the manager of public safety.
=====================
Article Published: Friday, June 25, 2004
Girl, 6, dies after punch in stomach; stepmom held
By Erin Emery
Denver Post Staff Writer
Colorado Springs - A 6-year-old girl died of a severed bowel after her
stepmother allegedly slugged her in the abdomen because she would not
leave the kitchen when asked.
Maria Eugenia Lopez, 24, is being held without bond in the El Paso County
Criminal Justice Center in connection with the death of Rosa Isela Arana
Garcia. Rosa would have been in the first grade this fall at Oak Creek
Elementary School.
In an interview with police Wednesday, Lopez said that she and her
husband, Omar Arana, 24, were having marital problems and that she asked
the girl to leave the kitchen, but she didn't, according to a
probable-cause affidavit.
"Maria Eugenia Lopez stated that she swung her closed fist at Rosa Arana
in an attempt to hit her arm, but Rosa turned, and she struck Rosa hard in
the stomach," according to the affidavit. "Maria Eugenia Lopez said that a
short time later, Rosa Arana started vomiting and having stomach pain."
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Barbara Drake, director of the El Paso County Department of Human
Services, called it a "terrible tragedy."
"I'm not a medical professional, but I think it's fairly safe to say that
it takes a pretty significant blunt-force trauma to cause this kind of
injury," Drake said, adding that she couldn't talk about her department's
involvement.
Police were called to the apartment on the city's southeast side at 6:17
p.m. Tuesday. Officers started cardiopulmonary resuscitation. At Memorial
Hospital, doctors learned the child had probably had no heartbeat or
circulation for 45 minutes.
She was pronounced dead at 9:36 p.m. Tuesday. Her body is to be taken to
Huetamo, Michoacan, Mexico, for funeral services.
An autopsy Wednesday showed the girl's small bowel had been severed. Lopez
has not yet been charged.
=====================
Grand jury stiffens assault charge against former officer
By William C. Lhotka
Of the Post-Dispatch
06/24/2004
A St. Louis County grand jury has upped the ante in the case of a former
county police officer accused of shooting a colleague in the face last year.
In an indictment made public Thursday, the grand jury charged Thomas
Zeigler, 31, with first-degree assault. He previously was charged with
second-degree assault.
The new charge claims Zeigler acted knowingly in causing harm to Officer
Patricia March, rather than acting just recklessly.
If convicted of the new charge, he could face life in prison with a long
delay before eligibility for parole. The maximum penalty under the
previous charge is seven years, with parole anytime at the discretion of
the Board of Probation and Parole.
On March 3, 2003, Zeigler and March were off-duty when Zeigler's
.40-caliber Glock semiautomatic pistol fired inside his car, parked
outside his apartment in the 5500 block of Southfield Drive in south St.
Louis County.
March, 31, was shot in the face and survived. She has undergone several
operations.
Grand jury proceedings are secret. Prosecutor John Quarenghi said he could
not discuss the evidence in the case. He said the grand jury returned its
new indictment against Zeigler on Wednesday.
Quarenghi and defense lawyer Chet Pleban were in the court of Judge Melvyn
W. Wiesman on Tuesday to discuss the new grand jury proceedings.
Pleban got a court order from Wiesman requiring that a court reporter
attend the grand jury hearings and take down the testimony of witnesses
for defense use at trial. Usually, grand jury proceedings in the county
are electronically recorded and transcripts are neither made nor provided
to the defense.
The defendant remains free on $80,000 bail. Wiesman has tentatively set
trial for Aug. 16.
Investigators have said they were told by Zeigler during several hours of
questioning that his gun was used as a sex prop and went off accidentally.
At a hearing in December, psychologist Dan Cuneo said Zeigler suffered
from post-traumatic stress disorder. Zeigler cannot remember what
happened, the defense alleges.
Companion charges of armed criminal action and cocaine possession, both
felonies, and marijuana possession, a misdemeanor, remain unchanged.
Officials said the drugs were found in Zeigler's possession after the
shooting.
He has left the police force. March remains with the department.
Reporter William C. Lhotka
E-mail: blhotka@
post-dispatch.com
Phone: 314-615-3283
=====================
June 17, 2004
Elderly Couple Alleges Police Brutality
KANSAS CITY, Mo. -- Kansas City police are investigating the use of a
Taser on an unarmed grandmother two nights ago.
Meanwhile, the family plans on fighting the charges of assault on an officer.
KCTV5's Laura Thornquist has been following this story.
She says Kansas City police are trying to determine the rationale for
using a Taser on a 66-year-old Kansas City woman.
The Jones family wants an apology and to wipe these charges from her
previously clean record.
A Taser shoots 50,000 volts into a suspect for about five seconds, making
it tough to move.
Police say Tasers don't cause physical injury, but should it have been
used on a 68-year-old grandmother who was in trouble for honking her car horn?
"She could have had a heart attack or anything ...," said Wilma Hays, of
Kansas City.
"They should be able to learn something at the police academy that would
tell them that that wasn't the right way to handle that situation," said
Joey Falzone, of Kansas City.
Police policy says Tasers may be used if someone is offering passive
resistance.
The stories of how the events unfolded differ a bit from both sides. The
officer says Louise Jones resisted arrest and inflicted bodily injury.
Louise Jones says she jumped back after being grabbed by the officer.
" ... I think he got mad when I made a statement that he wouldn't arrest
two white women in a neighborhood because I accidentally bumped the horn,"
she said.
But the question remains, whether Louise Jones fought the officer or not,
did it really constitute such a dangerous situation?
"I think those officers should be suspended, and you know, dealt with
appropriately," said Rodney Overman, of Kansas City.
Late Thursday afternoon, Kansas City Police Chief Richard Easley issued a
statement that said the department reassigned the officers involved to
administrative duty during the investigation.
The police investigation is expected to take two to three weeks.
~~~~~~~~~~
View pictures of frail old people.
http://kctv.static.worldnow.com/images/1949478_BG1.jpg
http://kctv.static.worldnow.com/images/1949478_BG2.jpg
=====================
Discipline meted out to 2 cops in fatal chase
Fri Jun 25, 4:40 AM ET
By Eric Swedlund , arizona daily star
A Marana police officer will be suspended without pay for one day and a
detective will lose his take-home car for 60 days after a department
review found they violated policy during a fatal traffic pursuit in April.
The internal review determined four Marana Police Department officers
violated department policy during the high-speed pursuit, initiated by the
Pima County Sheriff's Department on April 21.
The pursuit lasted 30 miles, hit speeds greater than 100 mph, and ended
when the driver, 17-year-old Gabriella Bernice Grijalva, lost control of
her car and rolled on Sandario Road at Picture Rocks Road. Both Grijalva
and her passenger, Codi Lee Colvin, 16, were ejected, and Grijalva was
pronounced dead a short time afterward.
The Marana summary report was obtained by the Arizona Daily Star on
Thursday in response to a public-records request. While officers did
violate policy, the review found that none of their actions contributed to
the outcome of the pursuit, said Jane Howell, Marana's human-resources
director.
Officer Michelle Ochoa, who responded when deputies requested assistance,
was found to have violated policy in not requesting authorization to
engage in the pursuit, only advising once she was involved, according to
the summary report.
She also continued to the collision scene after being told to return to
Marana High School, did not complete her report for several days and did
not accurately document using her vehicle as a roadblock during the
pursuit - all violations of department policy. Ochoa, 36, has been with
the department since June 2002.
For her actions, Ochoa will be suspended for a day, lose her special
assignment as a school resource officer, receive a letter of reprimand and
attend a training session on ethics, Howell said.
Detective Rich Palma told the review board he knew he violated department
policy against taking part in a chase "in any capacity" in an unmarked
vehicle but said he was not in active pursuit of the girls' vehicle. In
addition to that violation, Palma was found to have taken action that was
not accurately reflected in his report.
For those violations, he will lose his take-home vehicle for 60 days,
receive a letter of reprimand and attend ethics training, Howell said.
Palma, 39, has been with the department since May 1996.
Officer Chris Lee was determined to have violated department policy by
failing to advise dispatchers or request authorization to go to the
accident scene, which was out of Marana's jurisdiction.
Officer Art Ross violated policy by failing to request authorization to go
to the accident site.
Neither Lee nor Ross has been served with discipline.
Also included in the summary report is an interview with Officer Ray
Garcia, who acted as a supervisor during the pursuit. He told the review
board that he suggested two on-duty sergeants step into the command role,
but neither did.
Garcia also told the review board he was an officer in charge for the
first time and that for him to "assume this responsibility when a sergeant
was standing in front of him was wrong," the report said.
None of the Pima County Sheriff's Department deputies or supervisors
involved in the fatal pursuit violated any department guidelines,
ac-cording to aninternal report, obtained by the Star earlier this month.
No policy will be changed or reviewed and no discipline meted out, said
Bureau Chief George Heaney, who heads operations for the department.
The chase began in the early afternoon, when Deputy Jordan Seeley saw the
Honda traveling faster than 100 mph on the eastbound Interstate 10
frontage road near Tangerine Road. Seeley first tried to stop the Honda
using lights and siren, but Grijalva kept going.
Seeley then began chasing the car, which at times failed to yield, ran
stop signs, made sharp turns, and traveled at high speed past vehicles and
school buses on narrow, rural roads.
Marana's Ochoa joined the pursuit, but backed off as Deputy Clifford
McGrath arrived. The pursuit ended about 17 minutes after it began, when
the Honda failed to negotiate a small curve and rolled.
It is still unknown why the girls failed to stop, though Grijalva did not
have a driver's license and the teens were skipping school, officials have
said.
=====================
Muskegon County, June 14, 2004, 12:20 p.m.) A former Muskegon Heights
police officer accused of ramming his girlfriend's car is sentenced to 18
months probation and fines.
George Hubbard was charged with two felonies - assault with a deadly
weapon and malicious destruction of property.
In February, he pled guilty to a lesser charge of a misdemeanor count of
domestic violence.
Hubbard has been on unpaid suspension since he was charged in December 2002.
=====================
Chief ordered to address disciplinary breaches in Naples police department
By I.M. STACKEL, imstackel@
naplesnews.com
June 6, 2004
A missed shift 18 months ago ignited a round of internal squabbling in the
Naples police department, prompting the city manager and Naples' labor
attorney to investigate.
City Manager Bob Lee and labor attorney Jonathan Fishbane spent weeks
sorting through accusations of harassment, and what they characterized as
a pattern of either spiteful or discourteous behavior, throughout the
department.
The review involved 15 to 20 officers, from rank-and-file cops all the way
up to Naples police Chief Steve Moore, Fishbane reported.
Fishbane said it took him about two months to investigate and Lee relied
heavily on Fishbane's investigation and resulting 26-page report.
After receiving the report, Lee wrote a memo in May to Moore, telling the
chief he has several months to address disciplinary breaches and improve
communications within the department. Lee asked for progress reports along
the way.
Lee wrote that he wants the police chief to correct problems that have
resulted in "an unfortunate cycle of anger, suspicion and a getting even
mentality."
In his report, "Fishbane found no evidence of criminal wrongdoing ... he
clearly documents incidents involving unevenness in discipline and lapses
in investigative follow-up," Lee wrote. "His report further documents that
you (chief Moore) were apparently aware of these incidents and did not
follow through properly."
Fishbane conducted taped interviews with seven officers, one cop's wife,
met with Human Resources Director Denise Perez, reviewed department
interviews with 11 officers, and analyzed interoffice memos, criminal case
records and reports, as well as Internet chat room logs.
According to city records, it all started when Naples police Officer
Russell Ayers was reprimanded for not showing up for duty at the Swamp
Buggy parade on Oct. 23, 2002.
Following is an account of what's in the report and documented in city
records:
Naples police Sgt. George Patneau on Oct. 30, 2002, told Moore he thought
Ayers should be issued a notice of disciplinary action for missing duty.
Moore agreed on Nov. 1, 2002, and Ayers and Patneau both signed the
recommendation on Nov. 27.
However, Ayers then contested it on Dec. 3, contending he had told
officials he wasn't available to work the parade.
Police Deputy Chief Jim Slapp reviewed the records Dec. 9, 2002, and
agreed a reprimand was appropriate.
While Moore decided to forgo a written reprimand in favor of verbal
counseling, Ayers took his grievances to Perez on Jan. 3, 2003. Ayers'
wife, Linda Roebeck Ayers, then entered the picture three days later on
Jan. 6, 2003, with a list of complaints against the department.
She showed up that day at Moore's office, Fishbane wrote.
Moore told Fishbane that the woman appeared agitated, somewhat emotional
and was "forceful in her opinions."
Some of her complaints were valid and documented. Some were not.
But her complaints got Ayers and his wife labeled as "rats" and led to
harassment by fellow officers, Fishbane wrote.
For instance, she complained that cops routinely slept on duty. In at
least one case that was confirmed. In March 2003, husband and wife cops
Amy and Robert Young were suspended without pay for one day for sleeping
on duty.
During that investigation, Linda Roebeck Ayers contended she'd been
harassed, specifically by police Officer Ryan Schickfus. She said he had
followed her car up U.S. 41 on Feb. 4, 2003, driving uncomfortably close
to her.
Deputy Chief Slapp investigated and Fishbane reviewed Slapp's reports.
Slapp investigated instead of police Lt. Jon Maines of Internal Affairs
because the woman "was concerned that Maines was friendly with the
sergeants about whom she was complaining and was concerned he wouldn't be
objective," Fishbane wrote.
In addition to listening to interview tapes, Fishbane also looked at
computer e-mails and instant messaging logs. The report and city records
give this account:
Linda Roebeck Ayers, a nurse, completed her shift at Naples Community
Hospital at around 11:15 p.m. on Feb. 4, 2003. She met her husband, and
they headed north on U.S. 41. She was in her QX4 SUV and he in his red Camry.
She said she saw a Naples police car that was heading south make a fast
U-turn and start to follow her.
Believing she was about to be pulled over, she moved into the right lane.
She said the patrol car picked up speed and drew close to the back of her
vehicle "to the point that she felt fearful the car would hit her,"
Fishbane wrote.
Officer Russell Ayers said he saw the whole thing, according to the report.
"The experience obviously had traumatized her," Fishbane wrote.
When recounting the incident, she "became anxious, worried and tearful,"
he wrote.
"Her recollection of the evening seemed clear and her responses credible.
It was clear to me she felt harassed and intimidated and that her ...
concerns expressed ... were real and appropriate under the circumstances,"
Fishbane wrote.
After talking to several different officers, Fishbane concluded that
Schickfus "intended to intimidate her" and that Schickfus was in contact
at the time of the incident with Officers Mannie Troia, Bryan Corns and
Robert Young.
They "knew fully well whom he was following and did nothing to discourage
the conduct," Fishbane wrote.
Fishbane wrote that both he and Slapp discounted Schickfus' account that
he wanted to ask the woman about her car because he wanted to buy one like
it, mainly because Schickfus had already talked to her about her car three
weeks before.
"His claim that he did not know it was her vehicle is nonsense," Fishbane
wrote.
Schickfus contended that he drove up close "to see if it was for sale ...
(that) also begs credibility," Fishbane wrote.
"Unless there was a 'for sale' sign visible, why would he chase a vehicle
to see if it was?" Fishbane asked.
A chat room instant message exchange involving Corns and Schickfus
confirmed all of this, Fishbane wrote.
"The truth is ... Corns, Schickfus and Troia had spotted (Linda Roebeck
Ayers) and Ayers, and decided to follow them since they considered them
rats because of the complaints previously lodged by Roebeck," Fishbane
wrote. There was "obvious anger, stress and suspicion the men felt toward
them for having been targets of an internal affairs investigation,"
Fishbane wrote.
After a department internal investigation, no action was taken against the
officers.
"It is incomprehensible that they were not all written up for harassment
and behavior unbecoming police officers," Fishbane wrote. "Moreover, they
used the internal messaging system to target a fellow officer and used
their cell phones to track" Ayers and his wife.
Fishbane said he was uncomfortable with Slapp's handling of the situation
and Moore's acceptance of it.
"Unfortunately, their conclusions are at odds with the record," Fishbane
wrote. "The chief also acknowledged that he thought there had been
harassment."
In his report, Fishbane wrote that some of the interactions about which
the cops complained were downright juvenile, but some weren't.
In August 2003, officer Ayers told Patneau that other cops were harassing
him. Among his complaints: Someone had damaged his police car. Someone had
pointed a gun at him in the police department parking lot.
And on Sept. 4, 2003, Ayers filed a complaint that Troia had knocked into
him while carrying coffee and doughnuts.
This resulted in an internal affairs investigation by Maines, Fishbane wrote.
The last of these complaints was dismissed as overreaction.
In his report, Fishbane recommended Moore take the following actions:
- Review the Feb. 4, 2003, event involving Linda Roebeck Ayers and take
"immediate written disciplinary action" against Schickfus, Corns, Troia
and Young.
- A written reprimand for officer Ayers for not reporting incidents in
which he was involved, and for filing "frivolous" complaints.
"Given the multiple areas of discipline that is deserved, Officer Ayers
needs to be warned that further discipline could lead to termination of
his employment with the department," Fishbane wrote.
- The department should create team-building and morale-improvement
programs, and hold quarterly group meetings on professionalism.
Lee has asked Moore to develop a plan addressing Fishbane's comments.
"Explain your commitment to work with all your employees to promptly
follow up on all (future) complaints ... and your commitment to treat all
police officers in a fair and even manner," Lee wrote. "Further, explain
that retaliation of any employee reporting wrongdoing will result in swift
and severe disciplinary actions."
The police chief is to turn in periodic progress reports to the city manager.
=====================
Article Published: Saturday, June 26, 2004
Eatery sued over alleged strip search
By Andy Vuong
Denver Post Staff Writer
A former Burger King employee who was allegedly strip-searched by her
shift manager as part of a telephone prank has sued the fast-food chain
and the owner of the local franchise.
In her lawsuit, Stephanie DeGraff says a man claiming to be a police
officer called the Burger King at 16850 E. Iliff Ave. in Aurora in June
2003 and asked for her description. After she described herself, the
caller said DeGraff had been accused of theft. The caller then asked to
speak to a manager and ordered the manager to strip-search DeGraff.
While she was naked, DeGraff was ordered to jog in place and lick the
telephone, according to the suit, which was filed in U.S. District Court
in Denver. The incident was recorded on camera, the suit alleges.
Bill Eldred, owner of Bilikin Inc., which operates the Burger King where
DeGraff worked, declined to comment. Russ Klein, chief global marketing
officer for Burger King, also declined to comment.
Advertisement
According to the Springfield News-Leader newspaper in Missouri, the same
prank hit an eatery in the Ozarks in May.
DeGraff is suing Bilikin and Burger King for failure to provide "adequate
training" to its employees.
DeGraff claims Burger King officials were aware of the prank because one
of its stores in Texas had been hit by it on July 15, 2001.
DeGraff worked at Burger King from Feb. 5, 2002, to June 29, 2003,
according to her suit.
=====================
Article Published: Saturday, June 26, 2004
Eatery sued over alleged strip search
By Andy Vuong
Denver Post Staff Writer
A former Burger King employee who was allegedly strip-searched by her
shift manager as part of a telephone prank has sued the fast-food chain
and the owner of the local franchise.
In her lawsuit, Stephanie DeGraff says a man claiming to be a police
officer called the Burger King at 16850 E. Iliff Ave. in Aurora in June
2003 and asked for her description. After she described herself, the
caller said DeGraff had been accused of theft. The caller then asked to
speak to a manager and ordered the manager to strip-search DeGraff.
While she was naked, DeGraff was ordered to jog in place and lick the
telephone, according to the suit, which was filed in U.S. District Court
in Denver. The incident was recorded on camera, the suit alleges.
Bill Eldred, owner of Bilikin Inc., which operates the Burger King where
DeGraff worked, declined to comment. Russ Klein, chief global marketing
officer for Burger King, also declined to comment.
Advertisement
According to the Springfield News-Leader newspaper in Missouri, the same
prank hit an eatery in the Ozarks in May.
DeGraff is suing Bilikin and Burger King for failure to provide "adequate
training" to its employees.
DeGraff claims Burger King officials were aware of the prank because one
of its stores in Texas had been hit by it on July 15, 2001.
DeGraff worked at Burger King from Feb. 5, 2002, to June 29, 2003,
according to her suit.
Staff writer Andy Vuong can be reached at 303-820-1260 or
avuong@
denverpost.com
=====================
woman demands answers after police barge into her home during the night
PLAY THE VIDEO Play the video
(06/25/04) BAYCHESTER - Family members living at 3327 Seymour Avenue say
they awoke to find themselves in the middle of a police search.
Maudrie Nelson says she heard a crash at her door and when she went to see
what was happening she was greeted by a police officer pointing a gun. She
says the officers then identified themselves and said they were looking
for a suspect.
Nelson says the police thought the suspect ran into her home and adds that
she received no further explanation. She says there is now shattered glass
and broken doors in her home yet the police officers never apologized.
Aside from the damage, Nelson said one of her biggest concerns is that she
has two young sons and fears that police could have easily pointed a gun
at them.
Nelson called 911 after the incident and an officer took her statement.
She says she was told there would be an investigation. The officers who
entered Nelson's house said they would pay for the damage, but Nelson says
that's not enough. She wants an explanation and an apology.
=====================
Grand jury stiffens assault charge against former officer
By William C. Lhotka
Of the Post-Dispatch
06/24/2004
A St. Louis County grand jury has upped the ante in the case of a former
county police officer accused of shooting a colleague in the face last year.
In an indictment made public Thursday, the grand jury charged Thomas
Zeigler, 31, with first-degree assault. He previously was charged with
second-degree assault.
The new charge claims Zeigler acted knowingly in causing harm to Officer
Patricia March, rather than acting just recklessly.
If convicted of the new charge, he could face life in prison with a long
delay before eligibility for parole. The maximum penalty under the
previous charge is seven years, with parole anytime at the discretion of
the Board of Probation and Parole.
On March 3, 2003, Zeigler and March were off-duty when Zeigler's
.40-caliber Glock semiautomatic pistol fired inside his car, parked
outside his apartment in the 5500 block of Southfield Drive in south St.
Louis County.
March, 31, was shot in the face and survived. She has undergone several
operations.
Grand jury proceedings are secret. Prosecutor John Quarenghi said he could
not discuss the evidence in the case. He said the grand jury returned its
new indictment against Zeigler on Wednesday.
Quarenghi and defense lawyer Chet Pleban were in the court of Judge Melvyn
W. Wiesman on Tuesday to discuss the new grand jury proceedings.
Pleban got a court order from Wiesman requiring that a court reporter
attend the grand jury hearings and take down the testimony of witnesses
for defense use at trial. Usually, grand jury proceedings in the county
are electronically recorded and transcripts are neither made nor provided
to the defense.
The defendant remains free on $80,000 bail. Wiesman has tentatively set
trial for Aug. 16.
Investigators have said they were told by Zeigler during several hours of
questioning that his gun was used as a sex prop and went off accidentally.
At a hearing in December, psychologist Dan Cuneo said Zeigler suffered
from post-traumatic stress disorder. Zeigler cannot remember what
happened, the defense alleges.
Companion charges of armed criminal action and cocaine possession, both
felonies, and marijuana possession, a misdemeanor, remain unchanged.
Officials said the drugs were found in Zeigler's possession after the
shooting.
He has left the police force. March remains with the department.
Reporter William C. Lhotka
E-mail: blhotka@
post-dispatch.com
Phone: 314-615-3283
=====================
Article Published: Friday, July 09, 2004
Murder charge in baby's death
Newborn found in club restroom
By Howard Pankratz
Denver Post Staff Writer
A first-degree murder charge was filed Thursday against a woman who gave
birth in the bathroom of a Denver bar and then allegedly killed the
newborn by placing him in a plastic bag in a trash can.
Erin Alison Pendleton, 29, is the second Denver-area woman charged with
first-degree murder of a baby within a week.
On July 1, District Attorney Bill Ritter filed the same charge against
Griselle Suarez, 20, alleging that on June 25 she placed a newborn boy in
a trash bin in an alley in the 4800 block of Beach Court.
Both women also have been charged with child abuse resulting in death.
Pendleton will be advised of the charges in Denver County Court this
morning. She is being held without bail.
Two of Pendleton's co-workers said they accompanied Pendleton and her
5-year-old son to Legends Bar and Grill on June 25.
Advertisement
Before going to the Cherry Creek North bar, her colleagues said, Pendleton
told them she had consumed large quantities of cocaine.
At the bar, Pendleton borrowed the cellphone of one of her co-workers and
disappeared for about an hour.
Pendleton reportedly called her son's father to pick up the boy. The
father arrived after Pendleton went into the bathroom, records say.
At one point, one of the other women entered the restroom and noticed
blood on the front of the toilet in the stall Pendleton was leaving.
When Pendleton rejoined her two acquaintances with blood on her clothes,
she said she had just passed a kidney stone. The two said they had
suspected that Pendleton was pregnant but that she never acknowledged that
she was.
The three then left the bar and went to one of the co-worker's homes,
where Pendleton changed into clean clothes. They then left and went to a
second bar, where they resumed drinking, according to police.
An autopsy on the newborn indicated he was born alive but probably was
suffocated by the plastic bag.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Article Published: Wednesday, July 07, 2004
Drug use alleged in baby death
By Howard Pankratz
Denver Post Staff Writer
Erin Pendleton is being held for investigation of first-degree murder.
Co-workers say a woman who allegedly abandoned her newborn in a restroom
trash can at a Denver bar told them she consumed large quantities of
cocaine in the hours before she went to the bar with them, according to an
arrest warrant affidavit.
After she left her two acquaintances for about an hour, Erin Alison
Pendleton, 29, returned with blood on her clothes, saying she had just
passed a kidney stone, according to the affidavit.
An autopsy on the baby indicated he was born alive but probably suffocated
after he was placed in a plastic bag.
Pendleton is being held for investigation of first-degree murder. She
appeared Saturday in Denver County Court to be advised of the
investigation following her arrest Friday.
Advertisement
The baby was found dead about 2:30 a.m. June 26 in the women's restroom of
Legends Bar and Grill by the bar's maintenance man. The newborn was at the
bottom of a trash can, wrapped in the plastic bag, which was covered by a
layer of trash, according to records.
The discovery of the baby at the Cherry Creek North bar came just hours
after Griselle Suarez, 20, abandoned her newborn in a northwest Denver
trash bin, police said. Suarez's newborn died June 28 after being taken
off life support. Suarez has been charged with first-degree murder.
When he announced the charge against Suarez on Thursday, Denver District
Attorney Bill Ritter commented on the tragic circumstances of both deaths.
He noted they came almost four years after Colorado enacted a safe haven
law to allow the anonymous abandonment of newborns at fire stations and
hospitals.
The coroner's office said the newborn found at Legends had a condition
sometimes seen when the mother of the infant consumes cocaine or
methamphetamines during pregnancy.
Police said that after returning from the bathroom in bloody clothes,
Pendleton demanded the check and the three paid their bill and went to the
home of one of Pendleton's colleagues. There, Pendleton changed into clean
clothes loaned by a co-worker and asked for pads to help stem and absorb
the bleeding.
Then they went to another bar, Choppers, where they resumed drinking,
police said.
The Monday after the incident, Pendleton appeared briefly at work, left
and later told fellow employees she had been hospitalized because she
passed several more kidney stones, according to records.
One of the co-workers said she believed for several months that Pendleton
was pregnant but that Pendleton never acknowledged the pregnancy. The
co-worker said that when she told Pendleton a dead child had been found in
the Legends trash can the same night they were there, she replied,
"Really?" and then said the newborn was probably left by another woman who
was in the bathroom when she was there.
The co-worker said it appeared Pendleton had lost 15 pounds since the
Legends visit.
The co-workers who went with Pendleton to the bar told police that just
before they left for Legends, she told them she had been consuming large
quantities of cocaine and had just snorted a line of coke.
Pendleton also took her 5-year-old son to Legends that night but called
his father to pick up the boy, according to records, which add that the
father arrived after Pendleton went into the bathroom.
=====================
Article Published: Friday, June 25, 2004
Girl, 6, dies after punch in stomach; stepmom held
By Erin Emery
Denver Post Staff Writer
Colorado Springs - A 6-year-old girl died of a severed bowel after her
stepmother allegedly slugged her in the abdomen because she would not
leave the kitchen when asked.
Maria Eugenia Lopez, 24, is being held without bond in the El Paso County
Criminal Justice Center in connection with the death of Rosa Isela Arana
Garcia. Rosa would have been in the first grade this fall at Oak Creek
Elementary School.
In an interview with police Wednesday, Lopez said that she and her
husband, Omar Arana, 24, were having marital problems and that she asked
the girl to leave the kitchen, but she didn't, according to a
probable-cause affidavit.
"Maria Eugenia Lopez stated that she swung her closed fist at Rosa Arana
in an attempt to hit her arm, but Rosa turned, and she struck Rosa hard in
the stomach," according to the affidavit. "Maria Eugenia Lopez said that a
short time later, Rosa Arana started vomiting and having stomach pain."
Advertisement
Barbara Drake, director of the El Paso County Department of Human
Services, called it a "terrible tragedy."
"I'm not a medical professional, but I think it's fairly safe to say that
it takes a pretty significant blunt-force trauma to cause this kind of
injury," Drake said, adding that she couldn't talk about her department's
involvement.
Police were called to the apartment on the city's southeast side at 6:17
p.m. Tuesday. Officers started cardiopulmonary resuscitation. At Memorial
Hospital, doctors learned the child had probably had no heartbeat or
circulation for 45 minutes.
She was pronounced dead at 9:36 p.m. Tuesday. Her body is to be taken to
Huetamo, Michoacan, Mexico, for funeral services.
An autopsy Wednesday showed the girl's small bowel had been severed. Lopez
has not yet been charged.
=====================
The case, defense attorneys suggested, became personal for Brocchini -- Laci
Peterson and her fetus were dead and someone had to pay.
Defense attorneys claimed the detective even told friends of the couple he
was going to "take Scott Peterson down."
Brocchini denied making the statement, but acknowledged he tried "planting
the seeds of suspicion" with friends and suspected early on that Peterson did
the deed.
http://news4colorado.com/nationworld/topstories_story_198200212.html
=====================
Article Published: Sunday, July 18, 2004
Kerry picks Aurora to start seven-state trek to convention
By John Aloysius Farrell
Denver Post Washington Bureau Chief
AP file
John Kerry speaks at the National Association of Latino Elected and Appointed
Officials' annual conference in Washington in this June 26 photo.
Sen. John Kerry plans to start a cross-country journey to the Democratic
National
Convention from his birthplace in Aurora on Friday, according to campaign
officials.
Kerry will join his running mate, Sen. John Edwards of North Carolina, and
their families, said Rep. Diana DeGette, D-Denver, a co-chair of the Kerry
campaign in Colorado.
The trip is expected to take him through Iowa, Ohio, Florida, Virginia and
Pennsylvania before arriving in Boston at the convention.
"The fact that (they) will be here ... is further evidence of his determination
to take the state in November," DeGette said. "We are very excited he will
be here for the second time in a month."
Advertisement
Kerry trailed President Bush in a recent poll conducted for The Denver Post
but was close in a state that has tilted Republican in recent years. In the
poll, conducted in mid-June by Mason-Dixon Polling & Research Inc., 48 percent
of registered voters contacted said they preferred Bush and 43 percent were
for Kerry.
The poll had a margin of error of 3.5 percentage points.
=====================
Something is wrong with these peoples minds, I mean how can people be
so sadistic to other living things that feel pain, and especially to
just keep doing it until they die.
~~~~~~~~
BY STEPHANIE SAUL
STAFF WRITER
July 14, 2004
The father of the homeless twin babies who suffocated last year threatened
to kill their older sister and brother and burn down their grandparents' house,
according to sources familiar with the case.
The threats, allegedly made the year before the 3-month-old girls died, were
examples of Ernest Goings' explosive temper, which flared repeatedly during
his relationship with the twins' mother, Shaunte Samuels, according to both
documents and sources close to the case.
advertisement
A state report said Samuels, 21, filed five domestic abuse complaints against
Goings in precincts throughout the city as the pair shuffled through the
homeless
shelter system.
Samuels was offered "safe havens" in confidential shelter placements to help
her escape from Goings. Each time, she opted to reunite with him regardless
of the danger it posed, according to the state report.
The twins, Tamia and Tamymia Samuels, were found dead on Oct. 8 in a friend's
apartment in the Bronx, where the family had slept overnight. The medical
examiner
ruled the deaths accidental.
But police reopened the investigation this week, days after Newsday reported
allegations that Samuels often gagged her babies with socks to stifle their
crying. Child abuse experts said gagging babies was a dangerous practice that
could cause suffocation and also questioned the likelihood of their simultaneous
accidental deaths.
Police learned of the allegation only last week, more than seven months after
Samuels' sister, LaToya Samuels, made the claim as part of a Family Court
proceeding.
LaToya Samuels also said the children had been victims of a pattern of abuse
that included diapering them with garbage bags and feeding them whole milk
rather than infant formula, sources said. Investigators were hoping to question
her this week, sources said.
When the girls died, Samuels was living at the Saratoga Family Inn, a shelter
near Kennedy Airport. Officials there have said they spotted no sign of abuse
or neglect.
Samuels moved there in January 2003, a month after filing a domestic abuse
complaint against Goings that resulted in his arrest on Dec. 26, 2002.
It was one of several violent episodes between Samuels and Goings, 25, according
to sources and documents.
Sources said Goings threatened to kill Samuels' daughter Destiny by dropping
her out of a window in one outburst in August 2002. In another, in September
2002, he allegedly threatened to shoot her son Dante, 3, and start a fire at
the Queens Village home of her parents, who had custody of the boy.
Since the twins' died, the grandparents also have gained temporary custody
of Destiny.
Samuels grew up in Queens Village, surrounded by books and toys. When she became
a teenager, she rebelled, quit school, left home and lived in a variety of
shelters, first becoming pregnant when she was 18.
Copyright © 2004, Newsday, Inc.
http://www.newsday.com/news/local/newyork/nyc-twinspic0715,0,5422466.photo?coll=ny...
=====================
CGrisly details in girl's death
Autopsy results: Waubonsie Valley student was beaten, stabbed, drugged and
drowned
By Ed Fanselow
STAFF WRITER
To contact police
Anyone with information about the death of Erin Justice is urged to call Aurora
police detectives at (630) 801-6686 or Aurora Area Crime Stoppers at (630)
892-1000. Callers to Crime Stoppers remain anonymous and are eligible for cash
rewards for information that leads to an arrest.
WHEATON - The 16-year-old Waubonsie Valley High School student found murdered
in her Aurora townhouse in March was beaten, stabbed, drugged and drowned in
a bathtub, according to autopsy results released Tuesday.
The gruesome details, revealed during a DuPage County coroner's inquest, provide
the most detailed picture to date of the final hours in the life of Erin
Justice,
whose killer remains free nearly five months after her death.
Aurora police continue to investigate the case and say they are looking at
a "person of interest" who may be responsible.
He is the same man who was questioned by Naperville police weeks earlier after
Erin alleged that he sexually abused her, although investigators will not say
whether they believe the murder and the claims of abuse are related.
At Tuesday's inquest, the lead detective on the case said it is likely that
Erin knew her killer, since there were no signs of forced entry at the home
she shared with her mother in the 300 block of Park Ridge Lane on Aurora's
far East Side.
Aurora Police Detective Guillermo Trujillo testified that Erin's mother, Valerie
Justice, returned home from her job around 10:45 a.m. on Saturday, March 27,
after she couldn't contact Erin by phone.
She found the front door ajar and her daughter naked and submerged in an
upstairs
bathtub with a laceration to her wrist.
Trujillo said investigators surmise that Erin and her killer had struggled
in the kitchen before she was forced upstairs and into the bathroom, where
another "serious struggle" ensued. She was then either forced into or fell
into the tub, which was about half-full with water.
Results of toxicology tests, meanwhile, showed that Erin had potentially-lethal
doses of several over-the-counter drugs in her body before her death, including
Benadryl, Tylenol, Sudafed and dextromethorphan (DXM), a common ingredient
in many cough syrups that can act similarly to LSD if ingested in high doses.
Doctors who performed the autopsy concluded that she had been poisoned and
drowned.
About a dozen of Erin's relatives, including both of her parents, listened
to the testimony, and several sobbed audibly as Trujillo and Deputy Coroner
John Eichler described the details of the crime. At one point, one of Erin's
aunts, overcome with grief, fainted and had to be taken by ambulance to a nearby
hospital.
"This was a very difficult day for us," Erin's grandmother, Patricia Jenkins,
said afterward. "She was beat up, poisoned and drowned - whoever did this wanted
to make sure she was dead."
In what was all but a formality, the coroner's jury ruled Erin's death a
homicide.
Police say they are now processing the "literally hundreds of pieces of
evidence"
collected at the scene and are hoping to talk with anyone who may know more
about what happened that morning.
"Anyone who might have some information, we're hoping that they'll do the right
thing and come forward with it," police spokesman Dan Ferrelli said.
Anyone with information is asked to call Aurora police detectives at (630)
801-6686 or Aurora Area Crime Stoppers at (630) 892-1000.
Well-liked by classmates and teachers alike, Erin enjoyed writing poetry and
was a member of the Waubonsie Valley girl's cross-country team and Black Student
Alliance. Nearly 500 people gathered to remember her life during a memorial
service at the high school in early April.
"Erin was one of the good ones," her father, Edreick, said after the ceremony.
"Evil just found her."
=====================
Cops reopen probe into twins' deaths
As new allegations of abuse surface, police hope to locate girls' aunt, who
made the initial accusations
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Infant boy dies at Queens shelter
Jul 13, 2004
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BY STEPHANIE SAUL
STAFF WRITER
July 13, 2004
Police yesterday reopened their investigation into the deaths of twin homeless
babies as new allegations emerged that Tamia and Tamymia Samuels were victims
of a pattern of abuse before they suffocated together in October.
The girls' maternal aunt has said her sister Shaunte Samuels often gagged the
3-month-old babies with socks to stop their crying, a practice experts say
could cause suffocation. Newsday also learned that the aunt had levelled other
allegations against Samuels and the twins' father, Ernest Goings.
advertisement
Among them: The couple used garbage bags to diaper the children, took federal
WIC money intended for the twins and spent it on themselves and fed the children
regular milk instead of baby formula, sources close to the case said.
A Police Department source knowledgeable about the twins' death said the
department
plans to re-interview Samuels this week and also hoped to locate the sister
who made the accusations, LaToya Samuels. Both lived at the Saratoga Family
Inn, a shelter in Springfield Gardens, when the babies died at a friend's home.
The police source, meanwhile, blamed the Administration for Children's Services
for not warning police about the alleged abuse before the deaths were deemed
accidental.
"ACS should have contacted us," the police source said.
An Administration for Children's Services spokeswoman, however, defended the
agency as having disclosed all information to appropriate investigating
authorities,
and it remained unclear exactly where the communication breakdown among city
agencies had occurred.
Sunday, after Newsday's initial stories raised questions about how the girls
died, Mayor Michael Bloomberg said he wanted to know why police never knew
about the abuse allegations.
Bronx District Attorney Robert Johnson had asked Friday that the case be
reopened,
prompting the new round of police questioning this week.
Tamia and Tamymia were found dead Oct. 8 in a bed they were sharing with their
18-month-old sister, Destiny. When the girls died, Samuels, 21, was living
at the Saratoga, and Goings, 25, was living in another city shelter. They were
spending the night together at a friend's apartment on Webster Avenue in the
Bronx.
As a police investigation of the girls' death continued last fall in the Bronx,
a parallel Family Court proceeding was taking place in Queens, focusing on
whether Samuels and Goings would regain custody of Destiny.
Shaunte Samuels' sister arrived in Family Court on Dec. 2 to testify about
the couple's alleged pattern of abuse, but Samuels and Goings agreed to enter
pleas of "no contest" to neglect charges, rendering her testimony unnecessary,
according to a source knowledgeable about the proceeding.
Following that court hearing, a child welfare worker from the Administration
for Children's Services involved in the court proceedings notified the medical
examiner's office that Samuels allegedly had gagged her babies with socks to
stop them from crying, the state report said.
Yesterday, ACS's spokeswoman Elisabeth de Bourbon said the agency also disclosed
the information to the Queens district attorney's office, characterizing that
agency as one of the appropriate authorities in the case.
In March, the medical examiner's office ruled that the girls' death was
accidental,
caused when the sleeping babies smothered on soft comforters.
Child abuse experts have said that autopsy findings would be the same for
suffocation
on comforters and suffocation as a result of gagging on socks.
=====================
OC assistant sheriff's son in rape case under new investigation
ASSOCIATED PRESS
5:09 p.m. July 14, 2004
SAN CLEMENTE - Authorities are investigating an allegation that an assistant
sheriff's son who is free on bail in a high-profile gang rape case had sex
with a minor, the Orange County Sheriff's Department said Wednesday.
The investigation of the allegation against Gregory Haidl, 19, began early
Wednesday, when deputies went to a home in San Clemente after receiving a call
about a barking dog and loud music.
Deputies determined there was evidence that Haidl may have had sex with a minor
at the home, said Jon Fleischman, a spokesman for the department. Authorities
did not disclose the girl's age but said she was under 17.
Deputies also found a small amount of marijuana at the home.
One of the five teens at the home was dog-sitting for the owners, who were
out of the country at the time of the incident.
No criminal charges have been filed and the results of the investigation will
be turned over to the district attorney's office for review, officials said.
Haidl, the son of Orange County Assistant Sheriff Don Haidl, is one of three
teenagers accused of sexually assaulting a 16-year-old girl in a 2002 videotaped
encounter. A mistrial was declared June 28 after jurors said they were
deadlocked
on charges that could have brought up to 55 years in prison for all three teens.
Prosecutors alleged the girl was drugged and raped, but the defense said the
sex was consensual. The district attorney has said he plans to retry the case.
The case has garnered attention in part because of the position of Haidl's
father, a wealthy and politically connected businessman, and because of the
teen's repeated brushes with the law.
In May, he and two friends were approached by deputies after allegedly
vandalizing
a private stairway while skateboarding. They were not arrested but were ordered
to leave.
Haidl was cited in March for trespassing, and in October 2003, he was briefly
detained after a small amount of marijuana was found in a car in which he was
a passenger.
=====================
CGrisly details in girl's death
Autopsy results: Waubonsie Valley student was beaten, stabbed, drugged and
drowned
By Ed Fanselow
STAFF WRITER
To contact police
Anyone with information about the death of Erin Justice is urged to call Aurora
police detectives at (630) 801-6686 or Aurora Area Crime Stoppers at (630)
892-1000. Callers to Crime Stoppers remain anonymous and are eligible for cash
rewards for information that leads to an arrest.
WHEATON - The 16-year-old Waubonsie Valley High School student found murdered
in her Aurora townhouse in March was beaten, stabbed, drugged and drowned in
a bathtub, according to autopsy results released Tuesday.
The gruesome details, revealed during a DuPage County coroner's inquest, provide
the most detailed picture to date of the final hours in the life of Erin
Justice,
whose killer remains free nearly five months after her death.
Aurora police continue to investigate the case and say they are looking at
a "person of interest" who may be responsible.
He is the same man who was questioned by Naperville police weeks earlier after
Erin alleged that he sexually abused her, although investigators will not say
whether they believe the murder and the claims of abuse are related.
At Tuesday's inquest, the lead detective on the case said it is likely that
Erin knew her killer, since there were no signs of forced entry at the home
she shared with her mother in the 300 block of Park Ridge Lane on Aurora's
far East Side.
Aurora Police Detective Guillermo Trujillo testified that Erin's mother, Valerie
Justice, returned home from her job around 10:45 a.m. on Saturday, March 27,
after she couldn't contact Erin by phone.
She found the front door ajar and her daughter naked and submerged in an
upstairs
bathtub with a laceration to her wrist.
Trujillo said investigators surmise that Erin and her killer had struggled
in the kitchen before she was forced upstairs and into the bathroom, where
another "serious struggle" ensued. She was then either forced into or fell
into the tub, which was about half-full with water.
Results of toxicology tests, meanwhile, showed that Erin had potentially-lethal
doses of several over-the-counter drugs in her body before her death, including
Benadryl, Tylenol, Sudafed and dextromethorphan (DXM), a common ingredient
in many cough syrups that can act similarly to LSD if ingested in high doses.
Doctors who performed the autopsy concluded that she had been poisoned and
drowned.
About a dozen of Erin's relatives, including both of her parents, listened
to the testimony, and several sobbed audibly as Trujillo and Deputy Coroner
John Eichler described the details of the crime. At one point, one of Erin's
aunts, overcome with grief, fainted and had to be taken by ambulance to a nearby
hospital.
"This was a very difficult day for us," Erin's grandmother, Patricia Jenkins,
said afterward. "She was beat up, poisoned and drowned - whoever did this wanted
to make sure she was dead."
In what was all but a formality, the coroner's jury ruled Erin's death a
homicide.
Police say they are now processing the "literally hundreds of pieces of
evidence"
collected at the scene and are hoping to talk with anyone who may know more
about what happened that morning.
"Anyone who might have some information, we're hoping that they'll do the right
thing and come forward with it," police spokesman Dan Ferrelli said.
Anyone with information is asked to call Aurora police detectives at (630)
801-6686 or Aurora Area Crime Stoppers at (630) 892-1000.
Well-liked by classmates and teachers alike, Erin enjoyed writing poetry and
was a member of the Waubonsie Valley girl's cross-country team and Black Student
Alliance. Nearly 500 people gathered to remember her life during a memorial
service at the high school in early April.
"Erin was one of the good ones," her father, Edreick, said after the ceremony.
"Evil just found her."
=====================
Anyone with information about the death of Erin Justice is urged to call Aurora
police detectives at (630) 801-6686 or Aurora Area Crime Stoppers at (630)
892-1000. Callers to Crime Stoppers remain anonymous and are eligible for cash
rewards for information that leads to an arrest.
"Erin was one of the good ones," her father, Edreick, said after the ceremony.
"Evil just found her."
=====================
Couple Pepper Sprayed After Cell Phone Call In Movie Theater
POSTED: 3:20 pm EDT July 27, 2004
ST. PETERSBURG, Fla. -- A college student who took a cell phone call from her
mother in a movie theater was pepper sprayed by an officer and charged with
disorderly conduct, along with her boyfriend.
Warronnica Harris, 23, was at a movie theater Saturday night, watching the
opening credits to "Catwoman" when her cell phone rang.
"It was my mom calling me," Harris said. "It was a family emergency."
Harris said she spoke so quietly that her mother couldn't hear her. Then Officer
John Douglas shone a flashlight in her eyes.
He asked Harris and her boyfriend, Terrell "KC" Tolson, 25, to leave. He pushed
Harris in the hallway, then pepper sprayed both of them in the lobby, the couple
said. Neither Harris nor Tolson has a criminal record.
Police denied their account, saying Harris refused to end her cell phone
conversation,
yelled at the Douglas and refused to leave the theater. Her boyfriend also
refused to leave and threatened the officer, police said.
Witnesses said the pair did nothing wrong.
Marcia Gray, a 49-year-old Tampa accountant, was in the lobby when the couple
were pepper sprayed.
"The man turned and asked the officer why he was making them leave and the
cop just maced him in the face," Gray said. "They weren't yelling or touching
him. The man bent over and the girl asked why he maced her boyfriend. Then
the cop maced her, and she dropped her soda."
========================
> Beats being a chickenhead.
Sams a chickenbutt.
chickenbutt:
a male who spends his time primarily looking for men to engage in sex
with, which may or may not include oral sex; a male who lacks common
sense and is primarily dependent on the male gender; also known as
a gay groupie.
http://tinyurl.com/4qzmm
========================
Hundreds Of Reservists Balk At Involuntary Call-Up
POSTED: 5:51 pm EDT October 1, 2004
WASHINGTON -- The Army is getting a grudging response -- or none at all --
from hundreds of former soldiers it ordered back into uniform for duty in Iraq
and Afghanistan, although none has been declared AWOL.
Army officials said Friday that 622 people, about one-third of the 1,765
Individual
Ready Reserve members who were supposed to report for duty by Sept. 28, failed
to show up. Some requested more time. Others wanted to be excused entirely.
Some have not responded at all.
The no-show rate is approximately what the Army anticipated when it announced
the call-up last June, and officials said Friday they believe some no-shows
eventually will turn up.
"No one is considered AWOL at this point."
- Brig. Gen. Sean J. Byrne
That the Army has had to reach this deeply into its store of reserve soldiers
is a measure of the strain the Iraq and Afghanistan campaigns have put on the
active-duty Army. When the U.S. invading force toppled Baghdad in April 2003,
the Army thought it would be sending most of its soldiers home within months.
Instead, it has kept 100,000 or more there ever since.
Brig. Gen. Sean J. Byrne of the Army's personnel office in the Pentagon told
reporters the Army was "pretty much on track" to getting the 4,402 IRR soldiers
it expects to need to fill positions in active-duty and National Guard and
Reserve units between now and next spring.
However, another official, Robert H. Smiley, told the same news conference
it was too early to rule out the possibility of expanding the IRR call-up to
reach the 4,402 target.
"We're going to have to track this on an almost daily basis," Smiley said.
Smiley also said a separate call-up of several thousand more is likely next
summer or fall because there will be more slots to fill in the force that
rotates
into Iraq and Afghanistan in 2006.
Members of the Individual Ready Reserve are rarely called to active duty. The
last time was 1990, when nearly 20,000 were mobilized. IRR members are people
who were honorably discharged after finishing their active-duty tours, usually
four to six years, but remained in the IRR for the rest of the eight-year
commitment
they made when they joined the Army. They are separate from the reserve troops
who are more routinely mobilized -- the National Guard and Reserve.
The Army anticipated, based on past experience, that about one-third of the
IRR people it called up would be disqualified for medical or other reasons.
The trend so far bears that out. Thus the Army is calculating it will take
5,765 call-ups to get the 4,402 it needs.
A separate problem is those who simply refuse to report. Byrne said he did
not know how many have refused, but he disavowed recent statements of other
Army officials that at least six no-shows have been listed as Absent Without
Leave, or AWOL. He would not say how much leeway the Army will give no-shows
before they are declared AWOL and subject to prosecution.
"We're trying to deal with every individual case to make sure that we're giving
everyone appropriate time to rectify whatever situation they may have," Byrne
said. "No one is considered AWOL at this point."
A total of 3,899 IRR soldiers have been contacted since July and given a report
date as late as March 2005. Of that total, 1,498 have asked for a delay or
an exemption based on a wide range of issues including medical, financial and
personal problems, officials said.
The Army has approved about 350 of those requests and rejected 26, said Raymond
Robinson, chief of staff for the Army's top uniformed personnel officer. He
said the 26 have been told to report for duty, and it was not clear what would
happen if they did not.
Of the approximately 350 approvals, 239 were for outright exemptions, meaning
they will not have to come on active duty, Robinson said. As an example, Smiley
cited a person who is already in Iraq as a Defense Department civilian employee.
Others have been exempted for personal financial hardships and for medical
reasons.
========================
Kerry!
http://tinyurl.com/65sf6
VS.
bush:
http://tinyurl.com/2o4zy
========================
Sheriff's Deputy Fired For Having Sex With Prostitute
POSTED: 5:52 pm EDT October 7, 2004
OSCEOLA COUNTY, Fla. -- Eyewitness News has learned an Osceola County sheriff's
deputy has been fired for having sex with a prostitute. A motel employee tipped
off deputies that one of their own was spending an awful lot of time at The
Chalet motel.
Who he was with, and when, cost him his job.
Deputy John Ward only worked for the Osceola County Sheriff's Office for a
year. They say he met Mary Ann Castillo while she was walking down Highway
192 late one night.
"The only thing I really saw was him driving up here and he would go in Mary
Ann's room and he would be dressed in his uniform and everything," says Billy
Fillingim.
Fillingim also lives at The Chalet and says he saw Deputy Ward at least five
times, going in and out of room 209. Castillo told everyone he was, kind of,
her boyfriend.
"That's what she was trying to claim with everybody, but, with Mary Ann,
everybody
knows what she was, so we kind of think there was something going on," says
Fillingim.
The sheriff's investigation found there was something going on, saying Castillo
performed a sex act on Ward while he was in uniform. She told investigators
Ward took her on four dates to topless bars and bowling and admitted they had
sex.
"He did not deny it. He admitted he was wrong. He admitted it was bad judgment
on his part and had ruined the integrity of what we all believe in," says Al
Dearmas, Osceola County Sheriff's Office.
Thursday, he was fired for bad moral character and unbecoming conduct. He was
not arrested because both Ward and Castillo denied he ever paid for sex, but
he admitted knowing her record included felony convictions for cocaine
possession.
The fired deputy did not return our phone calls. He told the investigator he
loved his job and made a stupid mistake. He has a wife and two children.
Meanwhile, Castillo has since been picked up by police as a fugitive out of
Texas
========================
Last update: September 26, 2004 at 10:54 AM
Deputy placed on leave for reported presence at alleged sex assault
Associated Press
September 26, 2004 BELTRAMI0927
BEMIDJI, Minn. - A Beltrami County deputy has been put on administrative leave
while authorities investigate his reported presence during the alleged sexual
assault of a Bemidji State University (BSU) student.
Jeffrey Andersen was put on leave Wednesday.
``Deputy Andersen has been placed on administrative leave pending review of
reports alleging he was present during a portion of the sexual assault of an
18-year-old woman on Sept. 19,'' Beltrami County Attorney Tim Faver said Friday.
Andersen's role, if any, was not immediately clear.
The criminal complaint said the victim told officers that three male BSU
students
forced her to have sex with them.
Scott Erick Savre, 24, Tyrone Gordon Orde, 23, and Riley Scott Riddell, 23,
were each charged Wednesday with third-degree criminal sexual conduct. The
school said Riddell has been suspended from the men's hockey team indefinitely.
The woman alleged that Savre gave her a mixed drink at an off-campus party.
After a few sips, she began to feel strange and asked what was in it, the
complaint
said. Savre reportedly said there was nothing in it and told her to finish
it. The woman told officers the room began to spin and she felt nauseated.
She told officers she remembered waking up in a bed with Riddell near her.
She said she remembered Savre, Orde and Riddell raping her and not stopping
when she asked, the complaint alleged. She said other males were in the room,
as well, and that she remembered seeing camera and cell phone camera flashes
go off.
Police searched Savre and Orde's residence and said they found evidence that
would support the woman's allegations including a picture video cell phone,
a disposable camera and a film camera.
The three defendants were free on bail. Their next court appearances were
scheduled
for Monday.
========================
Police officer charged with stealing cash from store while on duty
9/29/2004, 6:36 p.m. ET
The Associated Press
CAMDEN, N.J. (AP) - A patrolman has been charged with stealing cash from a
Camden County furniture store while he was in uniform and on duty for the
Barrington
Police Department.
Craig DiPatri, 33, of Barrington, is accused of taking $1,800 from the office
of Berg Furniture on Sept. 3.
DiPatri moonlighted as a security officer for the store and thus had access
to the office and the alarm system, the Camden County Prosecutor's Office said
in a statement.
DiPatri was charged with theft and official misconduct. If convicted, he could
be sentenced to up to five years on the theft charge and up to 10 years on
the misconduct charge.
The officer was served a summons Tuesday and has been suspended from the police
department
========================
Officers told to pack up
Police major in overtime debate moves out, fears worst
Claire Taylor
ctaylor@
theadvertiser.com
October 1, 2004
LAFAYETTE - Veteran police officers under investigation for alleged overtime
irregularities were ordered this week to remove personal belongings from the
police station.
City officials said the action was to protect the officers' personal property
and was not intended as disciplinary action.
"There have been no transfers. Nobody has been fired. There's been no
disciplinary
decision made because the investigation is not finished," Chief Administrative
Officer Dee Stanley said.
As he loaded framed posters and boxes of personal papers into his car Thursday,
Maj. Randall Simon, a 28-year veteran of the department, said it felt like
disciplinary action.
"I have never, in 28 years, heard of this process and procedure," Simon said.
"In my opinion, when they tell you to get your personal belongings off the
property," you're not coming back.
Simon, Capt. Dwight Faul and Lt. Mike Dibenedetto were placed on administrative
leave with pay in August pending an internal affairs investigation that
allegedly
centers on overtime paid to Dibenedetto. Simon and Faul are his supervisors
in the criminal investigation division.
The three surrendered their badges and guns in August when placed on leave.
Simon testified for two hours Wednesday before internal affairs investigators,
then was told to remove his personal belongings from the police department
on the orders of interim Chief Randy Hundley, according to Simon's attorney,
Kaliste Saloom III. The internal affairs officers told Saloom the action was
not a means of disciplining Simon, he said.
Faul, with 27 years on the force, also was interviewed by internal affairs
Wednesday, said his attorney Charlie Brandt. When he was finished, officers
had packed his personal belongings and told him to remove them without offering
an explanation, Brandt said.
Dibenedetto, who is eligible to retire in about five months, was interviewed
Thursday by internal affairs, Simon said. His attorney, Glenn Armentor, could
not be reached for comment.
Faul and Dibenedetto have appealed to the Fire and Police Civil Service board
to reinstate them. The board meets Oct. 12.
An Oct. 18 court hearing has been set for Simon, who this week filed papers
asking a judge to reinstate him as commander of the criminal investigation
division and to clear his personnel record.
========================
Oct. 5, 2004. 01:00 AM
Dismissal `devastates' gambling OPP officer
Stole $16,000 while working undercover
Job did not cause his addiction, ruling says
ROBERTA AVERY
SPECIAL TO THE STAR
ORILLIA-An undercover police officer who became addicted to games of chance
while infiltrating illegal gambling houses is devastated that he has been fired,
his lawyer said.
"This sentence is a complete disgrace," Leo Kinahan said yesterday after a
Police Service Act hearing officer gave his client John Gregory, a 29-year
veteran of the Ontario Provincial Police, seven days to resign or be summarily
dismissed.
"Frankly, I'm disgusted," Kinahan said.
Gregory, 50, who pleaded guilty under the Police Service Act to discreditable
conduct, stole $16,000 over two years ending in July 2000 - after gambling
away more than $100,000 of his own money.
"The sentence handed out sends a message to other officers who find themselves
in over their heads to head for the hills, because there will be no support
whatsoever from the force," Kinahan said.
Gregory, a detective constable with the OPP Illegal Gaming Unit, based in
Orillia,
successfully infiltrated numerous illegal gaming houses across the province
starting in 1996.
He confessed to stealing money from the OPP vault, which contained seized
proceeds
of crime, the day before an audit of the vault was to take place.
In November 2002, Gregory pleaded guilty to theft over $5,000 in a criminal
court. In January 2003, Justice Gary Palmer gave him a conditional discharge
and two years probation.
During sentencing, Palmer noted Gregory had "to live the life" of a gambler
while working for gaming unit. "That resulted in him developing an addiction
to gambling, it was a true addiction beyond his control," Palmer said.
But Police Act hearing officer Terence Kelly, retired deputy chief of York
Regional Police, noted that Gregory had identified himself as an "experienced
gambler" when he joined the illegal gaming unit in 1996.
"I have the greatest difficulty in relating his gambling addiction solely as
a direct result of his employment," stated Kelly in his written decision, handed
down at OPP headquarters yesterday.
During the criminal trial, court heard that Gregory, a father of six including
a four-year-old girl, became more and more obsessed with gambling. He went
through more than $100,000 of his own savings, mostly at Casino Niagara, before
his wife took away his bank and credit cards. His wife Lori said in a letter
to the court she never imagined he would try to get the money elsewhere.
Kinahan told the hearing that a demotion in rank would be appropriate
punishment,
but prosecutor Ted Carlton said the thefts were a "series of deliberate acts
over a period of two years."
"The mission of policing can safely be entrusted only to those who grasp what
is morally important and who respect and practice integrity," Kelly wrote.
OPP Superintendent Bill Crate said in a telephone interview that Gregory, who
is due to retire in May, has been suspended with pay since his arrest. He will
lose a small percentage of his pension but will receive severance equivalent
to 26 weeks pay, Crate said.
Kinahan said his client has suffered because of the publicity and is "obviously
devastated by the judgement.'
"The sentence is harsh and excessive in the circumstance so I'm going to
strongly
advise him to appeal," he said.
========================
Police Detective Charged With Kidnapping
Sep 27, 2004 4:25 pm US/Eastern
Montgomery County, MD (AP) State police have charged a Montgomery County police
detective with kidnapping his sister's boyfriend because he didn't like the
way she was being treated.
Detective Gutherie Quill is being held at the Frederick County jail on
80-thousand
dollars bond after being arrested this morning at his home in Hyattsville.
The alleged victim, Frederick County resident Kevin Patrick Smith, told police
it all started when he and has girlfriend got into an argument while driving
along Liberty Road northeast of Frederick in her car yesterday afternoon.
Police say she left him at a restaurant and then called her brother. They say
Quill showed up quickly, handcuffed Smith at gunpoint and then drove him to
a wooded area.
Police say Quill also threatened Smith with a knife before freeing him and
taking his driver's license.
The Montgomery County Police Department says Quill has been placed on
administrative
leave with pay while awaiting the outcome of an internal investigation.
========================
Lips sealed about officer's termination
By Velda Hunter
The Facts
Published September 30, 2004
DANBURY - City officials are not saying why a man whose duty was to enforce
the law in the city has been fired.
Officer Philip Polihrom had worked with the police department for about four
or five years, said Danbury Police Chief Rick Raper, including time served
as a reserve officer. But his two-year tenure as an officer with the department
came to an end Friday. Raper wouldn't say why Polihrom was fired; neither would
Polihrom.
========================
Police Officer Charged With Rape
(Caledonia, NY) 09/24/04 -- A Caledonia police officer has been charged with
raping an 18-year-old woman.
Investigators said David Witherspoon drugged the victim with a prescription
sleeping aid. He has been suspended from the Caledonia department since his
arrest last month.
He had been charged with providing alcohol to a minor, a misdemeanor. Now,
he faces two felony charges: rape in the first degree, and using a prescription
drug to commit a sexual offense.
Witherspoon is being held in the Livingston County jail on $50,000 bail. He
has hired attorney John Parrinello to represent him.
Parrinello says the victim could have taken the sleeping aid on her own and
that prosecutors will have a difficult time proving that he is guilty.
========================
Officer placed on leave
By Mark Gilger , Staff Writer 09/15/2004
mark_g@
newsitem.com
SHAMOKIN - A veteran Shamokin police officer has been placed on administrative
leave without pay, but authorities are not releasing any details regarding
the disciplinary action.
Mayor James Yurick Jr. and Police Chief Richard Nichols confirmed Tuesday that
Patrolman Joseph Clauser has been placed on indefinite administrative leave
without pay. The action was taken against the officer at a disciplinary hearing
at 5 p.m. Monday at City Hall.
The mayor and police chief said they couldn't comment further on the situation.
Clauser, who reportedly was suspended from the force last week, has been an
officer for the City of Shamokin since June 5, 1995, and previously served
as a patrolman in Kulpmont.
========================
Evanston Cops Indicted For Beating
# PHOTOS: Caught On Tape
# VIDEO: Cops Charged After Incident Caught On Tape
Sep 21, 2004 3:26 pm US/Central
CHICAGO (CBS 2) Brutality allegations are leveled against two Evanston cops
after an incident is caught on tape. The police officers pleaded innocent
Tuesday
to an indictment charging them with various crimes following the alleged beating
and false prosecution of a West Rogers Park man after a traffic stop in March.
The officers are accused of shoving a handcuffed man into a bathroom and then
slamming his head into the wall. Prosecutors then say they lied about the whole
thing.
Both officers plead not guilty Tuesday morning and were released on $100,000
bond. The six-month long investigation into the conduct of the two officers,
has definitely cast a shadow over the Evanston Police Department.
"I deeply regret that two officers have disgraced their oath of office and
their badge," said Evanston Police Chief Frank Kaminski after the charges were
announced against the two officers.
"When a police officer crosses the line, we must take action. Police officers
are given an enormous responsibility and going with that is a great deal of
authority and we rely on them to conduct themselves within the law," said Cook
County State's Attorney Richard Devine.
Twelve-year Evanston Police Department veteran Officer Gus Horemis was seen
in a videotape with has hand on 21-year-old Sayyid Gadri. A bathroom police
surveillance video captures Horemis pushing Gadri against a wall and then
picking
him up by the throat and choking him. Gadri was taken into custody following
a routine traffic stop.
"I'm just glad that there's something actually being done about this than rather
to wait for another incident like this same thing to happen again," Qadri said.
Horemis been charged with battery. He and fellow officer, Mike Yorty, have
also been charged with official misconduct and obstructing justice. Yorty also
has a perjury charge against him.
"Both Horemis and Yorty later made false statements regarding their actions,
Gadri's actions and how Gadri received his injuries," Devine said.
Devine says an investigation revealed the injury an officer was seen in the
video covering up with a bandage, was caused from Gadri's head being slammed
into a wall repeatedly. Gadri's attorney says police then concocted a story
to say his client had attacked an officer.
Charges filed against him were later dropped, after the tape was released as
evidence.
Officer Horemis is now on paid leave. Officer Yorty, who had been with the
department for a little more than a year, has been fired. If convicted, Horemis
faces a maximum of one year in jail, while Yorty could be looking at five years
behind bars.
http://cbs2chicago.com/topstories/local_story_265163349.html
========================
Evanston Police Chief: Officers 'Disgraced' Their Positions
Two Officers Accused In Beating Plead Not Guilty
POSTED: 11:21 am CDT September 21, 2004
UPDATED: 8:11 pm CDT September 21, 2004
CHICAGO -- Two Evanston police officers pleaded not guilty Tuesday to an
indictment
charging them with various crimes following the alleged beating and false
prosecution
of a 22-year-old man after a traffic stop in March.
Updated Images: Evanston Police Accused Of Brutality
Video: 2 Officers Charged In Beating
Article: Sept. 2: Evanston Police Accused Of Excessive Force, Conspiracy
Rookie officer Michael Yorty and 12-year veteran Gus Horemis could face up
to five years in prison if found guilty of using excessive force on Sayyid
Qadri in a bathroom at the north suburban police station, then pressing charges
of aggravated battery to a police officer against Qadri, Cook County State's
Attorney Richard A. Devine said.
Both were stripped of police powers and reassigned to administrative duties
in March, when Evanston police began their internal investigation, Evanston
Police Chief Frank Kaminski said.
"I deeply regret that two officers have disgraced their oath of office and
their badge," Kaminski said, reading from a prepared statement. "They have
betrayed the public trust and have dishonored their fellow officers. A law
enforcement officer who breaks the law shakes the public confidence in other
police professionals the community turns to in moments of vulnerability and
need."
Much of the beating was captured by station surveillance cameras, Devine said.
Horemis was indicted on felony charges of obstruction of justice and official
misconduct, and misdemeanor battery, Devine said. Yorty was charged in the
indictment with three felonies -- official misconduct, obstruction of justice
and perjury, he said.
Both men pleaded not guilty when arraigned Tuesday by Criminal Court Judge
John Moran, who released them on $100,000 personal recognizance bonds.
At a Tuesday news conference in Devine's office at 2650 S. California Ave.,
Kaminski said Yorty was a rookie on the force, still within his 18-month
probation
period, and has been fired.
Horemis was a 12-year veteran, and as of Tuesday was on paid leave while the
department undertook the "necessary actions" needed to permanently dismiss
him, Kaminski said.
"I feel like the right thing is happening because they did wrong and now they're
paying for it," Qadri said of the charges.
But Jon Loevy, Quadri's attorney, said more officers should be punished.
"And in addition to the guys that beat up Mr. Quadri in the bathroom stall,
a lot of police officers in Evanston turned their back, turned a blind eye
to what were obviously abuses," Loevy said.
Yorty and Horemis, whose ages were not immediately available, were due back
in Moran's courtroom at the 9:30 a.m. call Oct. 29 for a status hearing.
At Tuesday's news conference, Devine said Horemis pulled over Qadri's car for
a traffic violation late on March 10 near 200 Ridge Road in Evanston, and after
learning he had no valid driver's license, handcuffed him and drove to the
police station.
Inside the station at 1454 Elmwood Ave. in Evanston, Horemis shoved the
handcuffed
man into a bathroom, with Yorty following behind, Devine said. Horemis slammed
Qadri's head into the bathroom wall, injuring his head and opening a cut above
his eye, Devine said.
Horemis then pushed the bleeding Qadri out of the bathroom and onto a bench,
and also choked the handcuffed man, Devine said.
Afterward, Yorty and Horemis made false statements regarding what happened
at the station, pinning the incident on Qadri and signing a complaint for
aggravated
battery to a police officer, Devine said. On March 18, Yorty gave false
testimony
under oath at a preliminary hearing before Skokie Judge Timothy Chambers.
The judge initially found probable cause to try Qadri on the battery charge
and traffic offenses, but in July, prosecutors dropped all charges against
Qadri, according to Devine and court records.
Devine said it took six months to bring charges against Yorty and Horemis in
part because his office was also initially prosecuting Qadri.
"We originally had charges that were brought against Qadri," Devine said.
"Obviously,
in a situation like this you want to get it right."
The state's attorney said he had viewed the videotape showing parts of the
beating and was certain it would be used when the officers go to trial.
"The video is actually going to be evidence in court," Devine said. "We'll
let each of the pieces of evidence speak for themselves."
Kaminski said that as soon as the day after Qadri's arrest, the Evanston police
brass was suspicious of the officers' stories.
"This was triggered immediately by our own internal review," Kaminski said.
Neither officer had any past allegations of improper conduct, he said, calling
their treatment of Qadri "totally unacceptable."
Official misconduct and perjury are Class 3 felonies, punishable by up to five
years in prison, while obstruction of justice is a Class 4 felony, carrying
a possible prison term of three years, prosecutors said. Both felony
classifications
are also eligible for probation.
Prosecutors said any sentences in the case would in all likelihood be served
concurrently.
Earlier this month, Qadri filed a federal lawsuit against the City of Evanston
and five Evanston police officers, including Horemis and Yorty, seeking
unspecified
damages for excessive force, unlawful seizure, conspiracy to deprive the
plaintiff
of his constitutional rights, assault and battery, false imprisonment, malicious
prosecution, civil conspiracy, and intentional infliction of emotional distress.
In the suit, attorneys claim an ambulance took Qadri to Evanston Hospital,
where the plaintiff received six stitches to close the gash by his eye,
according
to the suit.
No court date has been set for the suit yet.
http://www.nbc5.com/news/3748287/detail.html?z=dp&dpswid=2265994&dppid=65193
========================
Policeman arrested at game on restricted duty
By MICHELLE E. SHAW
Staff Writer
A Knoxville police officer has been placed on restricted duty after being
arrested
on charges of public intoxication, sexual battery and assault involving an
incident with two teenage girls at a Rutherford County high school football
game.
David Gaston Sr., an 18-year veteran of the police department, was arrested
Sept. 23 on the campus of Middle Tennessee State University during a high school
football game in Murfreesboro.
Darrell DeBusk, a spokesman for the Knoxville Police Department, said Gaston
will remain on desk duty until the investigation is complete.
According to reports from the Rutherford County Sheriff's Department, Gaston,
known as ''Officer Dave'' to children in his Drug Abuse Resistance Education
classes, is accused of kissing one of the girls on the cheek and putting his
arm around another girl and trying to pull her closer to him at a concession
stand.
The Tennessean does not identify the alleged victims of sexual abuse.
Gaston was in Murfreesboro because Knoxville Central High School was playing
Siegel High that night. He said he had two drinks of Crown Royal whiskey in
Knoxville before riding to the game with a friend, according to the police
the reports.
The arresting deputy, Sgt. Dan Frantz, said he smelled the ''scent of alcohol
from his person and noticed his eyes were bloodshot.''
Frantz's report said the two girls, 17 and 18 years old, identified him and
''clearly stated that was him.''
Gaston's attorney, James A.H. Bell, said the charges resulted from what his
client believed was innocent fun with the girls.
''If you know this officer and his very professional relationship with the
youth of this community, you would realize how someone can honestly mistake
his actions as being unacceptable, but that was not his intent,'' Bell said
Thursday.
Gaston was released from the Rutherford County Jail on $6,750 bond. He is
scheduled
to appear in Rutherford County General Sessions Court on Nov. 8.
========================
Alleged Police Brutality Surfaces
An El Paso man claims he was beaten by a police officer and on Thursday night
he asked the Civil Service Commission Board to put the officer on administrative
leave.
Thursday, February 26, 2004 -- Jesus Luna walked away empty handed after the
Civil Service Commission Board listened, in executive session, to Chief Wiles
but not to him. "Why, if I am the complainant, did they not take my opinion,
why only the Chief's?," said a frustrated Jesus Luna Thursday night. Luna says
officer Gabriel Peralta broke his jaw back in December of 2002 after he was
arrested for unpaid warrants. Luna claims he asked the officer to be linient
with him, but instead got a beating that put him in the hospital for four days.
Luna was asking the board to put Peralta on administrative leave with pay,
pending the results of the investigation. "The investigations by internal
affairs,
the Police Department, and the integrity unit--they are always in favor of
the police officers. So it doesn't make sense for me to hold on for the outcome
of the investigation. It makes me frustrated but in reality it gives me more
strength to keep forward," said Luna. Officer Peralta has 22 complaints by
citizens and other officers in the 6 years he has been on the police force.
One of the complaints accuses him of beating another man--similar to the way
Rodney King was beaten in California. "We are currently investigation those
allegations. Mr. luna filed a criminal investigation in January of this year
that our public integrity unit is investigating and they will forward that
case to the D.A.'s office for disposition," said Chief of Police Richard Wiles.
Chief Wiles also said an original investigation was completed in March of 2003.
This current one was re-opened at the request of Jesus Luna. Luna claims the
original investigation was done in favor of Officer Peralta, and never got
to the bottom of the allegations.
========================
Veteran Police Officer Charged With Forgery, Theft
Officer Allegedly Claimed She Had Been Called To Iraq
POSTED: 5:40 pm CDT October 8, 2004
UPDATED: 5:48 pm CDT October 8, 2004
CHICAGO -- A four-year veteran Chicago Police officer and Illinois National
Guard reservist accused of falsely claiming she had been called to Iraq while
drawing a police salary was caught when documents with misspelled words and
incorrect dates were found to be fake, police said Friday.
Jacqueline Williams was arrested Thursday and charged with forgery and felony
theft, according to police Deputy Superintendent Thomas Byrne.
Bond for Williams was set at $40,000 by Judge Matthew Coghlan Friday afternoon
in Central Bond Court.
Williams has been a police officer for four years, most recently in the Grand
Crossing District, according to Byrne and Assistant State's Attorney David
Navarro.
She has also served 11 years with the National Guard, and has been called to
active duty four times, according to her attorney, Robert Nemzin.
Most recently, she had been deployed for two weeks in July and was stationed
in Kentucky.
Williams was accused of forging U.S. Army documents to the Chicago Police
Department
claiming she had been called to active duty on July 25.
She said she was to report to Ft. Campbell in Kentucky that day to be shipped
to Iraq, Navarro said.
Williams was not, in fact, called to active duty, and her service this year
was limited to a yearly training regimen earlier in July, Navarro said.
Between July 25 and Oct. 7, the Chicago Police Department continued to pay
Williams, to the tune of at least $15,000, Navarro said. Police said the amount
lost was more than $16,000. NBC5's Natalie Martinez reported that the Chicago
Police department will try to recover that money.
Officers always continue to receive a police paycheck when called to active
duty, Byrne said.
"During the time she claimed to be serving her country, she was actually
stealing
$16,000 from the citizens of this city," Byrne said.
No one at Williams' home would comment, Martinez further reported. Neighbors,
however, said the accusations were sad.
"It's a combination of outrage that it does happen," said Sandy Dismond.
Williams had been on convalescent duty, or "light duty," on and off since 2002
because of injuries she had suffered at one point, according to police Inspector
Lt. Hootan Bahmandeji.
Detectives from the Financial Crimes Unit discovered the papers Williams
submitted
claiming that she was going to active military duty during a review in September
to determine whether she should stay on light duty, Bahmandeji said.
The papers contained misspelled words and incorrect dates and addresses, and
following an investigation with Army officials, they were determined to be
fake, he added.
The Army confirmed with police that Williams was not called to active duty
when she said she was, Byrne said.
In addition to the fraudulent military documents, investigators also found
that Williams submitted false medical reports to the police department to retain
light-duty status, according to a news release distributed Friday.
After investigators determined that Williams' Army documents were fake, she
was called to Police Headquarters, at 3510 S. Michigan Ave., Byrne said.
When she arrived there Thursday, she was dressed in battle fatigues "in her
final attempt to convince us that she was truly serving in the military," Byrne
said.
She claimed that she had driven all night from Kentucky, Bahmandeji said.
When she appeared via closed-circuit television in court Friday, Williams also
wore camouflage fatigues head-to-toe.
Police from the Internal Affairs Division and the Medical Section were also
investigating some past disciplinary incidents involving Williams, Byrne said.
He would not elaborate.
In court Friday, Nemzin asked Coghlan to release Williams on her own
recognizance,
noting that none of her alleged offenses was committed in her capacity as a
police officer. In addition, Williams lives with her mother, grandmother and
her two children, he said.
But the judge said a recognizance bond would diminish the seriousness of the
offence, and set a $40,000 deposit bond, of which she must post $4,000 cash
to earn her release.
Williams' next court date was set for the 11 a.m. call Oct. 29 in Felony
Indictment
========================
10/06/2004
MPD's Second Highest Ranking Officer Let Go
Milwaukee - The assistant chief of police in Milwaukee has been fired. After
30 years with the department, Leslie Barber was let go in the midst of an
investigation
into where he lives. Even though the investigation into Barber's Washington
County home is not complete, he was told that was not the reason for his
dismissal.
In fact no reason was given to him. The assistant chief of police serves at
the pleasure of the chief. And can be removed without reason at any time without
reason. Barber was told by the chief yesterday morning he was off the
department.
He was appointed to the post by Chief Nan Hegerty in December, and put off
retirement to serve. Barber's attorney says he's not sure there are any grounds
for legal steps to be taken in the case. Barber is eligible for full benefits.
Police Chief Nan Hegerty was not available to comment on this story.
========================
MIDDLETOWN -- A 48-year-old Cromwell man accused of repeatedly harassing a
woman over the past 10 months was in court again on Friday, this time for a
probation violation stemming from an arrest earlier this week.
Lawrence Johnson, of 62 Timber Hill Road, was released on a $75,000 bond and
ordered to stay away from the woman after violating his probation. He was
arrested
and charged on Monday with violating a restraining order and criminal trespass
after an incident outside the woman's home.
The probation was the result of a previous violation of a restraining order
issued against him for harassing the same woman in June.
"I'm going to look you straight in the eye and tell you that there is a woman
that is very upset," Judge Robert Holzberg told Johnson. "We will not tolerate
any actions that violate the conditions of this bond."
Johnson's attorney tried to have the judge release him on a promise to appear
after paying a $100,000 bond on Monday, but that move was countered by state
prosecutor John Cashmon and an attorney for the victim, who said the woman
was living in fear that he would show up at her home again.
Monday's arrest was the sixth time Johnson, an employee of the town of Cromwell,
has been arrested for harassing the woman since No. 27, according to police.
Johnson was allegedly outside the woman's home early Monday morning pouring
water into her fuel-oil tank. He was chased off by a neighbor who had heard
a noise.
The victim also had a surveillance system installed, because of previous
incidents
with Johnson, and caught him on video.
Johnson has been placed on paid administrative leave from the town of Cromwell
for the latest arrest. This is the second time the town has put him on leave
for harassing the woman. He was previously placed on administrative leave in
June for one week.
Johnson's next court date is scheduled for Sept. 24.
========================
Lawman suspended
(Saturday, September 25, 2004)
A POLICE officer who allegedly caused grievous bodily harm to a four-year-old
girl and ill-treated her has been suspended from duties.
The police constable, his mother, brother and two female family members are
charged with act with intent to cause grievous bodily harm.
Police have charged them for failing to supply the child with the basic
necessities
of life.
They will appear in the Ba court on October 12.
Some police officers at the Ba Police Station, where the constable was based,
had expressed concern that the accused was still at work after being charged.
However, Ba Police Station officer-in-charge Kava Sefeti yesterday confirmed
the constable had been suspended from work.
========================
2 police cadets accused of cheating
Saturday, September 18, 2004
BY PETE SHELLEM
Of The Patriot-News
Two police cadets have been removed from the Police Academy at Harrisburg Area
Community College for cheating on a test, a college official said.
One of the cadets was from the Harrisburg Police Department and has been fired.
The other was not associated with a police department.
The investigation began last week, and independent investigations by the city
police department and the Municipal Police Officers Training Commission are
continuing.
According to Patrick M. Early, a spokesman for the school, the students obtained
test questions from an officer who had taken the test.
He said the notes were written from memory shortly after the other person had
taken the test. None of the cadets has been identified.
Many of the test questions are used from year to year, and they are supposed
to remain confidential even after cadets leave the academy.
Early said there is no indication copies of the exams left the testing room.
He said HACC is working with the Municipal Police Officers Training Commission
to enhance the security of the testing procedure.
"We're continuing to look to see how the outside materials got to them," Early
said.
City spokesman Randy King could not be reached for comment yesterday.
In previous interviews, Mayor Stephen R. Reed said he would not tolerate
cheating
by his police officers.
All police officers in the state are required to pass the training program.
The class of about 50 at the training academy includes nine Harrisburg cadets.
========================
Off-duty Bay View cop pulled gun on man, report says
By RICHARD PAYERCHIN , Sandusky Bureau Chief 09/21/2004
KELLEYS ISLAND -- A part-time police officer for Bay View was charged with
felonious assault for allegedly pulling a gun on another man while at a party
on Kelleys Island, according to a report from the Kelleys Island Police
Department.
The Erie County Prosecutor's Office authorized the charge against Stephen M.
Wiedenheft, 29, after island police began investigating late Saturday, according
to the report.
Wiedenheft has been placed on unpaid administrative leave from the Bay View
Police Department while the case is pending, said Bay View village Solicitor
Michael Kaufman.
Wiedenheft was released from jail yesterday on $50,000 bond and was ordered
to surrender any firearms he had to the Erie County Sheriff's Office, Kaufman
said.
A woman who answered the telephone last night at Wiedenheft's residence said
he did not want to comment on the case.
Police began investigating at 11:33 p.m. Saturday when Kelleys Island Mayor
Rob Quinn flagged down an officer to report a woman had stopped him in the
downtown area and said an off-duty police officer had pulled a gun on someone
at a party on the island, the report said. The woman said the officer was
driving
a large white truck, Quinn said.
Officers found a white Ford Excursion parked near Seaway Marina with Wiedenheft
sleeping in the back seat of the vehicle, the report said. Wiedenheft denied
pulling his gun and said he was not involved in any confrontation, the report
said.
Because no more ferries were leaving the island, police allowed Wiedenheft
to stay in the vehicle while officers returned to the police station to
interview
witnesses, the report said.
At the station, a woman said she had a confrontation with Wiedenheft while
they were at a pig roast on West Lakeshore Drive, the report said.
The woman told police ''she had a confrontation with Wiedenheft, and at one
point (he) pulled his fist back in a manner to threaten assaulting her,'' the
report said.
''He then threatened her with his (police) dog, making it appear that he was
going to release the K-9 onto her,'' the report said. ''She stated that
Wiedenheft
got the dog out of the vehicle and began giving the dog German commands.''
At the West Lakeshore Drive residence, Kelleys Island police Chief Ron
Schnittker
spoke to several witnesses, the report said.
''All the subjects gave the same basic story that Wiedenheft got very
intoxicated
and began to start fights,'' the report said. ''At some point during the night
he lost track of where his girlfriend was and (became) very agitated.''
At that time, Wiedenheft began to argue with the alleged victim, a 34-year-old
Sandusky man, near Wiedenheft's truck, which was parked on the north end of
the victim's island residence, the report said.
''During the argument, witnesses say that Wiedenheft displayed the body
characteristics
of pulling out a firearm,'' the report said.
Witnesses ''then overheard (the victim) say, ÔDo you want my children to grow
up without a father -- if you do then just pull the trigger,''' the report
said.
Wiedenheft then allegedly reholstered the gun, got into the passenger seat
of the truck and had his girlfriend drive away, the report said.
About 10 minutes after the confrontation, one witness told police he spoke
to the victim and the victim ''broke down'' about the incident, the report
said.
Another man told police Wiedenheft was invited to sing at the party, the report
said. Witnesses ''were quite intoxicated'' at the time of the incident, and
police were to return later for written statements, the report said.
Police reviewed the incident at the Kelleys Island police station, then returned
to the marina, where they took Wiedenheft into custody without incident, the
report said. Police also confiscated a Glock Model 19 9mm pistol that was loaded
with nine rounds, the report said.
When questioned about the incident, Wiedenheft told police ''he Ôblacked out'
during the party,'' the report said. An officer explained the allegations,
the report said.
Wiedenheft told police ''that he didn't remember any of that, but that it was
possible because he was so drunk,'' the report said. He told police he had
the gun with him because he came directly to the party about 2 p.m. that day
from work at the Bay View Police Department, the report said.
A breath test showed Wiedenheft had a blood alcohol level of 0.119, according
to the report.
The charge was authorized by Erie County Chief Assistant Criminal Prosecutor
Mary Ann Barylski, the report said.
Wiedenheft was held without bond until his appearance at Erie County Court
yesterday, the report said.
Schnittker said the incident remains under investigation
========================
Briefs: Police officer could face DWI charge
Web Posted: 09/17/2004 12:00 AM CDT
San Antonio Express-News
SAN ANTONIO
Police officer could face DWI charge
San Antonio police filed a driving-while-intoxicated case with the Bexar County
district attorney's office Wednesday against Police Officer Paul Rodriguez,
29, who was pulled over Sept. 3 after leaving a neighborhood bar.
Police stopped Rodriguez, who they said was driving his 2004 silver Infiniti
at 108 mph., at about 3 a.m. at Loop 410 and Babcock Road. His speech was
slurred,
clothing disheveled and he was unsteady on his feet, according to a police
report.
Rodriguez consented to a field sobriety test and was read his Miranda rights.
He declined to take a Breathalyzer test. He later complained of chest pains
and was taken to University Hospital.
Police spokesman Gabe Treviño said Rodriguez spent several hours at the
hospital.
Under San Antonio police procedure, charges may be delayed against people
suspected
of a nonviolent Class B misdemeanor or lower who wait longer than two hours
for treatment.
Rodriguez has been placed on administrative duty. Treviño said the district
attorney's office will decide whether to file formal charges.
========================
Barrington cop charged with theft
Thursday, September 30, 2004
He took $1,800 from store, prosecutor says
By TOM LOUNSBERRY
Courier-Post Staff
BARRINGTON
A nine-year veteran of the borough's police department was arrested and charged
with stealing $1,800 from a borough furniture store while on duty, authorities
said.
Craig DiPatri, 33, of the 100 block of Moore Avenue, was charged with theft
and official misconduct, Camden County Prosecutor Vincent P. Sarubbi said.
DiPatri, released on his own recognizance, has been suspended from the
department
pending the outcome of the charges.
DiPatri was on duty and in uniform when he took the money from Berg Furniture
on East Gloucester Pike during the early morning hours of Sept. 3, Sarubbi
said.
At the time of the burglary, DiPatri had been employed part time by the
furniture
company as a security guard, Sarubbi said. He had access to the store and its
alarm system.
DiPatri, accused of stealing the money from the store's office, no longer works
for the furniture company.
If convicted of both charges, he faces up to 15 years in prison.
No court date has yet been scheduled.
========================
Officer placed on leave following arrest
By Reed Williams / Daily Progress staff writer
October 8, 2004
An Albemarle County police officer faces charges of trespassing and domestic
assault and has been placed on paid administrative leave while the department
conducts an internal investigation.
The officer, Matthew Binder, 23, was arrested Tuesday, the day after the
incident,
and released on a $1,000 bond, authorities said Thursday. He has been a county
officer for just more than two years.
The two misdemeanor charges stem from a dispute with Amy Wachtel, 21, at her
house in the county's Key West subdivision.
According to Wachtel, Binder had been staying at her house for a few months
and on Monday she asked him to pack up and leave. Wachtel said she helped carry
his things outside, where they argued about who would keep their dog.
When the argument grew heated, Wachtel locked Binder outside, ran upstairs
to her bedroom, placed a chair in front of the door and called 911, she said.
At some point, she walked back downstairs to see if he was gone. She said he
walked onto her porch through a tear in the screen. Wachtel was holding a door
closed from inside the house, but it was pushed open and knocked her down,
she said.
Wachtel ran upstairs again and called police. Binder left the house, she said,
and officers arrived.
Capt. John Parrent of the county police declined to confirm Wachtel's version
of events. Binder could not be reached for comment.
Binder was served with an emergency protective order forbidding him to contact
Wachtel.
He is scheduled to appear Nov. 8 in Albemarle County Juvenile and Domestic
Relations Court.
Binder's arrest comes a year after another county police officer, Carl D.
Graves,
was charged with assaulting his live-in girlfriend.
John Miller, the county's police chief, later fired Graves. A judge, however,
acquitted Graves, citing a lack of evidence, after his girlfriend did not appear
to testify.
Contact Reed Williams at (434) 978-7263 or fwilliams@
dailyprogress.com.
========================
Narc Fired In NYPD Drug Corruption Scandal
Sep 24, 2004 6:38 am US/Eastern
(1010 WINS) NEW YORK A narcotics detective has been fired for allegedly helping
another detective steal 250-thousand dollars from drug dealers in New York's
worst police corruption scandal in a decade.
Officials say 48-year-old Luis Nieves-Diaz took 65-thousand to 70-thousand
dollars of the money, with the balance being split between several drug dealers
and the other detective, Julio Vasquez.
Nieves-Diaz was fired last month after a departmental trial and was on the
verge of retiring with a pension fund worth one (M) million dollars over the
next 20 years.
He was not charged with any crime because the alleged theft took place in 1995,
and the federal statute of limitations had run out.
Nieves-Diaz denies stealing the money.
The scandal began unraveling in November, when a federal surveillance team
saw police taking money from a drug dealer.
========================
IPD Suspends Officer Accused Of Drunken Driving
POSTED: 5:50 pm EST October 7, 2004
INDIANAPOLIS -- An Indianapolis police officer accused of being drunk when
he crashed his marked squad car into a parked minivan has been suspended without
pay for 45 days, RTV6 reported Thursday.
The officer, Shannon W. McComas, also will not be allowed to use his squad
car outside of work purposes for a year.
Police said McComas crashed into the minivan on the city's southeast side Sept.
19.
After the crash, McComas was found to have a blood-alcohol content of 0.16
percent -- twice the legal limit for drivers in Indiana -- police said.
========================
Lawyer: Cop covered his butt but never planned cover-up
By J.M. Lawrence
Thursday, October 7, 2004
An East Boston police sergeant accused of beating a Revere teen feared internal
affairs ``had it in for him,'' so he recruited three phony witnesses to back
his story but never told them to lie under oath, the cop's attorney told a
federal jury yesterday.
``My client mistrusted the motives of the investigator assigned to his
case,'' attorney Thomas Drechsler said during an opening statement in Sgt.
Joseph A. LeMoure's trial.
Drechsler rejected federal prosecutor's portrayal of the scheme as a
``cover-up,''
claiming the sergeant never harmed Peter G. Fratus during the June 24, 2000,
traffic stop, and never pressured the witnesses to lie when the case mushroomed
into a grand jury investigation.
Fratus, who has a juvenile record and was arrested last year on a
marijuana
charge, was 18 when he allegedly gave LeMoure the finger while riding home
with friends about 2 a.m. after a night at Boston Bowl.
LeMoure, 43, a 14-year police veteran, is accused of violating Fratus'
civil rights, witness tampering, obstruction of justice and perjury. Fellow
officer Joseph F. Polito, 30, of East Boston is also on trial on charges of
obstruction and conspiracy.
Assistant U.S. Attorney Theodore Merritt told jurors the sergeant acted
like ``a bully with a badge,'' chasing down Fratus to teach him a lesson.
Merritt claimed LeMoure offered one phony witness $10,000 if he would
``stick to the lie'' and paid $5,000 to hire an attorney for another. All three
admitted the scheme when confronted by federal investigators.
Polito's attorney, Robert A. George, said the younger cop got involved
because he did not believe LeMoure harmed Fratus and ``he wanted to help his
friend save himself.''
========================
Police officer faces assault allegations
By Carl Burnett Jr.
The Eagle-Gazette Staff
LANCASTER -- A Chillicothe police officer was arrested Friday for trespassing,
menacing and assault after being accused of going to a Lancaster woman's home,
trying to undress her and then committing a lewd act.
William L. Anderson, 32, of Lancaster, was arrested on a total of four charges
stemming from the complaint. He has been suspended from his regular police
duties pending an internal investigation.
He was charged with aggravated trespassing, aggravated menacing, assault and
menacing.
He pleaded innocent to the misdemeanor charges in Fairfield Municipal Court
on Friday.
In court action Monday, Fairfield County Municipal Court Judge David Trimmer
ordered Anderson to have no contact with the alleged victim.
According to Lancaster police reports, the 30-year-old victim was at her home
in the 200 block of Dewey Avenue on Friday when Anderson allegedly showed up
at her home at approximately 9:30 a.m.
The victim told Lancaster police that Anderson said he wanted to talk with
her, and then "grabbed her shirt and tried to lift it up and asked to see her
breasts."
She reported she pushed his hand and him away, and she went backwards while
"Anderson came after her and kept trying to pull up her shirt and he tried
to pull her pants down."
She stated to police she pushed him away again, and he allegedly grabbed her
around the throat and "told her he should just rape her."
The woman then alleged Anderson pulled his pants down and started committing
a lewd act, the report states.
She warned Anderson that her boyfriend lived down the street and that he had
better leave, according to police.
"(The victim) states that he told her that he should punch her in the face
and just rape her, and then he left," according to the report.
Anderson's report to Lancaster police states he went to visit his friend, the
alleged victim, and asked if she wanted to have sex.
"She did not," according to the report. "So he left. A couple of hours later,
(the woman) and her boyfriend showed up at Mr. Anderson's residence."
The alleged victim's boyfriend yelled at Anderson, threatening him. Then the
alleged victim's mother and friends showed up at Anderson's residence and yelled
at him.
That's when everyone left Anderson's home and went to the Lancaster police
department, reports show.
Lancaster police Sgt. Matt Chambers said Anderson was the first to arrive,
followed closely by the victim and her family.
"Both parties came into the lobby," said Chambers. "Four misdemeanor charges
against Anderson were filed, and our investigation is essentially over."
Chillicothe Police Chief Jeffrey Keener said Anderson has been placed on paid
administrative leave.
"We have opened an internal investigation into the incident and he was placed
on leave on Sunday," Keener said. "He will be assigned desk duties until our
investigation is over."
Keener said Anderson had been employed by the Chillicothe Police Department
for the last two months.
"He has never been a problem before and there has been no disciplinary action
taken against him prior to this incident," Keener said.
Keener said Anderson was making approximately $14.30 per hour as an officer.
Anderson is out of jail after posting a $10,000 bond.
========================
Lovelace 'acted recklessly,' police witness says
Kevin Blocker
The Arizona Republic
Oct. 2, 2004 12:00 AM
A Chandler police detective said Friday that former Officer Dan Lovelace "acted
recklessly" and shouldn't be given his job back.
Detective Ray Kieffer made the statement during the first of three scheduled
hearings in Lovelace's attempt to be reinstated to the Chandler Police
Department.
Two more hearings are scheduled for Oct. 24 and 25, and a decision on whether
to reinstate Lovelace probably won't be made until November, Chandler officials
say.
advertisement
The city fired Lovelace almost two years ago after he shot and killed Dawn
Rae Nelson of Ahwatukee Foothills while responding to a call of drug fraud
in progress at a Walgreens drive-through. A jury acquitted him three months
ago of murder and other charges in the shooting.
Kieffer was the first witness called by Kate Baker, an attorney representing
Chandler Police.
"I believe Officer Lovelace at the time acted recklessly," Kieffer told the
five-member review board.
During opening statements, Baker produced previously unreleased internal affairs
reports in which Lovelace expresses sorrow and admits he may have erred.
"I'm sorry. I'm so sorry. I screwed up the department, everyone," Lovelace
is quoted as saying in the report. "I messed up, I messed up. . . . I don't
know."
Napier suggested Lovelace's response was coerced by the internal affairs
investigator.
"He (Lovelace) hadn't eaten, he hadn't slept, he was distraught," Napier said
of the interview, which occurred a week after the shooting.
Napier said the investigator asked Lovelace 15 times whether two accusing
witnesses
were accurate.
Fatigued, Lovelace finally capitulated, Napier said.
========================
(no sublect)
http://www.southbendtribune.com/stories/2004/09/15/local.20040915-sbt-FULL-A1-Officer...
Two indicted in beating, cover-up
Pioneer Press Online, IL - Sep 22, 2004
... said he took immediate action to suspend the officers' police powers when
... Yorty now has been fired and Horemis has been placed on administrative
leave pending ...
========================
Officer on unpaid suspension in DUII
Published: October 7, 2004
By KATIE WILLSON
Of the News-Register
Facing her second alcohol-related off-duty traffic incident in recent months,
48-year-old McMinnville police officer Kelsey Stirling has been suspended
without
pay pending completion of an internal affairs investigation by the Salem Police
Department.
Police reports on her July 30 arrest in the case, released in response to a
public records request from the News-Register, allege she hit speeds of more
than 100 mph during a drunken run down Highway 99W from Sherwood to Dundee.
Upon being pulled over in Dundee and subjected to a breath test, the 23-year
police veteran displayed a blood alcohol reading of .21, records show. That's
more than 2 1/2 times the .08 presumptive level of intoxication in Oregon,
leading officers to cite her for driving under the influence of intoxicants.
The earlier incident, also triggering an internal affairs investigation,
occurred
May 8 in McMinnville. Stirling was cited for hit and run, but was eventually
able to negotiate a civil settlement with the other driver and get the criminal
charge dropped.
She was accused of knowingly leaving the scene of a parking lot mishap without
exchanging driver information. She eventually admitted having consumed alcohol
earlier in the evening, but a state police trooper, called to the scene by
McMinnville police to avoid the appearance of conflict of interest, judged
it was not sufficient to impair her driving.
The May 8 incident triggered an internal affairs investigation handled by the
Hillsboro Police Department.
That led to undisclosed internal discipline that Stirling is contesting through
her attorney. She was assigned to clerical duties during the investigation,
but returned to patrol duties afterward.
Stirling already has settled the criminal charge brought against her in the
second incident. She was allowed to enter a diversion program for first-time
offenders in exchange for pleading guilty to DUII.
However, she has been suspended without pay pending an internal investigation,
Police Chief Wayne McFarlin disclosed Wednesday. Being conducted by the Salem
Police Department, the investigation is expected to take at least three more
weeks to play out, he said.
The newly released police reports, which became public records after the case
was adjudicated, describe the July 30 incident this way:
Newberg resident Jeff Twenge was stopped in the left turn lane at the
intersection
of Tualatin/Sherwood Highway and Highway 99W about 9:30 p.m. From behind, a
white Envoy crossed the double yellow line into oncoming traffic and passed
Twenge on the left.
As both motorists turned south toward Newberg, Twenge called Newberg police
to report a suspected drunken driver.
Up ahead, off-duty Portland police Detective Deena Clark was headed south in
a Hundai Elantra when a white Envoy came up behind at a high rate of speed
and immediately began tailgating her vehicle. Looking back from the front
passenger
seat, with her husband at the wheel, she felt Envoy might have come within
one inch of her back bumper.
Clark called Newberg's 911 dispatch center, also reporting a suspected drunken
driver.
As she did so, the Envoy swerved around, nearly hitting other southbound
vehicles,
then swerved back in, just inches in front of her car's front bumper. The big
sport utility rig then took off at a speed the veteran Portland police officer
estimated at more than 100 mph.
Clark got a license plate number and description, both of which matched up
when the stop was eventually made.
The Elantra made contact again in Newberg, Clark observing the Envoy speed
through town, swerving into the bike lane, veering across the two southbound
lanes and nearly striking a pair of concrete bridge railings along the way.
Sgt. Tim Weaver of the Newberg police was on the road in pursuit by this time,
but was hampered by heavy traffic.
He caught up with the Envoy north of Dundee, where two traffic lanes merge
into one. As he followed, he saw the SUV drift across the painted fogline on
the left three times before turning on his overheads and pulling it over.
"As the driver window was lowering, and she looked my direction, I recognized
Ms. Stirling," he said. "With her in the front seat was her golden retriever,
Gunnar."
Stirling turned her head toward him, but was unable to focus for several
moments,
gazing past him before eventually making eye contact. Her eyes were bloodshot,
her lids heavy, her face flushed, her posture slumped and her speech slurred,
he reported.
He smelled alcohol on her breath as she repeatedly fumbled with papers and
other objects, seeking unsuccessfully to retrieve her license, registration
and insurance documents.
Initially, she offered various excuses for triggering reports from other
motorists.
She said her dog had jumped into her lap, causing her to swerve. She said a
pickup pulling a trailer had nearly run her off the road, and she had been
forced to take evasive action.
Weaver quoted her as saying, "I didn't do anything wrong up there. All I did
was avoid the guy when he drove in front of me. I did flip him off. Maybe that
got him going enough to call."
When she eventually located some insurance papers still in a sealed envelope,
he said, "She showed difficulty grasping the sealed envelope to separate the
flap and tear open. After about 30 seconds of handling two envelopes, she tore
the end off the sealed envelope, ripping what appeared to be an insurance form
in half."
Asked her if she had been drinking, she initially said she had not. Weaver
quoted her as saying, "I haven't been drinking tonight. I don't drink and drive.
I know better than to do that."
In fact, she said she hadn't had a drink since the Fourth of July - almost
three weeks earlier. But then she added the qualifier, "until tonight."
She explained, "I did have a glass of wine at my brother's home in Portland.
I'm driving home from there."
When stopped May 8 in McMinnville, she also issued an initial denial, then
admitted having had a couple of drinks - at her brother's house in Portland.
She was not cited for drunken driving in that case because state police, called
in to handle the stop by McMinnville officers, judged she had not consumed
enough to impair her driving.
As she continued her July 30 discussion with Weaver, she said, "I had a glass
of wine." She later amended that to say, "I had two glasses of wine, (but)
I haven't had anything to drink since 5 p.m."
As the conversation continued, Weaver said, she upped that to three glasses,
but insisted, "They wouldn't let me drive if I wasn't sober. I know they
wouldn't."
Oregon State Trooper Mark McDougal was called in to assist in the stop and
backed up Weaver's account.
He said Stirling was unsteady on her feet as she exited the vehicle to perform
field sobriety tests. He said he stood behind her so her could catch her if
she fell.
He said she seemed to have trouble comprehending and carrying out simple
commands.
He also observed that she was teetering from side to side.
Stirling declined to perform some texts, citing an array of foot and ankle
problems. She was quoted as saying, "I dislocated my second and third foot
on my right foot," subsequently clarified to mean second and third toe on her
right foot.
But she failed on all six points of another test, and the officers decided
to cite her for driving under the influence of intoxicants. She blew a .21
in an Intoxilyzer test back at the station, buttressing their conclusion.
Police reports from the criminal portion of the May 8 were also released after
it was settled. The district attorney has ordered release of the internal
affairs
report and ensuing disciplinary sanction as well, but not until Stirling's
appeal is heard by an outside arbitrator, officially closing the personnel
portion of the case.
========================
Police veteran accused of sexual assault
October 1, 2004 - An 18-year Chicago Police veteran was charged today with
aggravated criminal sexual assault after allegedly attacking a woman on the
city's South Side, though the officer's lawyer said his client was innocent.
Police say Sergeant John Herman was also charged with official misconduct in
connection with the alleged assault last spring of the 38-year-old woman near
the Gresham District police station.
Herman's attorney, Peter Hickey, says his client will fight the charges tooth
and nail.
Police Superintendent Phil Cline says moves will now be taken to fire the
39-year-old
Herman.
Cline called Herman "an officer who has disgraced his star and his uniform."
Herman's arrest followed a nearly six-month investigation by the Chicago Police
Department's internal affairs unit and the Cook County state's attorney's
office.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
========================
Fort Lauderdale officer accidentally shot by partner, police say
By Jaime Hernandez
Staff Writer
Posted October 6 2004
A Fort Lauderdale police officer accidentally shot and critically wounded his
partner last month during a disturbance at an apartment complex, the department
said Tuesday.
A Broward Sheriff's Office ballistics test showed the bullet removed from
Officer
William McGarry was fired from the weapon used by Officer Stevens Gelu,
McGarry's
partner, Fort Lauderdale Police Sgt. Andy Pallen said. Gelu told internal
affairs
investigators he fired up to five rounds outside John Yanosik's apartment after
Yanosik pointed a gun at him.
The officers were responding to a report of a disturbance Sept. 26 at Yanosik's
home on the second floor of the Tropic Breeze Apartments, 401 SE 18th Court
in Fort Lauderdale. Police said Yanosik was on his balcony yelling racial slurs
at people nearby, and that numerous gunshots had been heard.
Pallen said Yanosik answered the door with his gun pointed at Gelu. However,
Yanosik did not fire any shots after McGarry and Gelu arrived. It was not known
whether McGarry fired at all.
SWAT team members eventually arrested Yanosik after a brief standoff.
He was charged with aggravated battery and is free on bail.
Police said they recovered eight bullet casings from the scene, all from
Yanosik's
9mm handgun.
McGarry remained in critical but stable condition Tuesday at Broward General
Medical Center.
Gelu was placed on administrative leave after the shooting, pending the result
of the internal investigation.
A review of Gelu's personnel file Tuesday showed no complaints or reprimands
since he joined Fort Lauderdale police in 2002.
McGarry's file showed several minor disciplinary infractions over the years,
but no prior shooting incidents.
Both officers had several appreciation letters from residents, and commendations
for the way they handled different cases and for working well with community
groups.
Jaime Hernandez can be reached at jahernandez@
sun-sentinel.com or 954-356-463
========================
2/2004
LINCOLN (AP) - The head of the Nebraska chapter of the American Civil Liberties
Union has filed a complaint against the State Patrol, claiming he was harassed
by two troopers.
Tim Butz says in the complaint filed Wednesday that the troopers harassed him
after the screening in North Platte of the documentary film "Unconstitutional:
The War on Our Civil Liberties." The film is critical of the Patriot Act.
Butz claims the troopers told him he shouldn't come to small towns to scare
people and stir them up. Butz and the officers were among about 75 people who
attended the film's screening at Mid-Plains Community College on Sept. 22.
The complaint names patrol lieutenants Greg Vandenberg and Norb Liebig, who
are based out of North Platte.
The incident took place after a question and answer session Butz led after
the screening.
Patrol spokeswoman Deb Collins said the complaint had been referred to its
internal affairs division for investigation. She declined further comment.
Vandenberg and Liebig were unable to comment on the complaint since it had
been filed with internal affairs.
Butz said in the complaint that he thought the troopers were making thinly
veiled threats intended to coerce or intimidate him from exercising his rights
to freedom of speech.
Butz said that Liebig "said that I had lied and that I 'shouldn't come out
to these small towns and scare people and stir things up."'
North Platte resident Janet Fear attended the screening and saw the alleged
argument.
Fear said, "There were four men standing with arms down discussing the film,
when voices were raised. Then Mr. Butz walked away from the group. He turned
and raised his voice back at them."
Fear said, "It wasn't an altercation, it was just an exchange."
Butz said, "Police officers take oaths to uphold the constitution. Stifling
free speech is contrary to that oath and is disgraceful. They are supposed
to be the State Patrol, not the thought police."
Fear said, "His complaint is unfounded. They (Liebig and Vandenberg) have a
right to freedom of speech as well."
Robert Greenwald, who directed recent documentaries "Uncovered: The War on
Iraq" and "Outfoxed: Rupert Murdoch's "War on Journalism," is the executive
producer of "Unconstitutional" It is being shown across the country in events
organized by the ACLU and others.
-Kathleen Mulcahy of the North Platte Telegraph contributed to this story.
========================
Officer Pleads Not Guilty To Rape
Watch video of this story.
Evan Dawson (Caledonia, NY) 09/30/04 - A police officer from Caldeonia maintains
that he did not drug and rape an 18-year old girl and his attorney says any
sex was consensual.
Sgt. David Witherspoon pleaded not guilty to first-degree rape charges Thursday
in Livingston County Court.
Investigators say Sgt. Witherspoon provided alcohol to an 18-year old girl
and slipped a prescription sleeping drug into the drink.
The drug, called Ambien, is designed to work very quickly.
Investigators believe Witherspoon then raped the girl who was not conscious
enough to stop the attack.
Witherspoon has hired well-known defense attorney John Parrinello to defend
him.
Thursday, Parrinello revealed a potential line of defense in the case. He said
prosecutors will have a hard time proving Witherspoon used Ambien to sedate
the girl.
"None was found in her system," said Parinello, "and
if there were any sexual
activity between the two, it was purely consensual."
Livingston County District Attorney Tom Moran said, "Mr. Parrinello and I have
totally different ethical responsibilities. Mine are to seek justice; his are
to do everything humanly possible to get his client off."
Even if lab results don't show any Ambien in the girl's system, Ambien leaves
a person's body almost completely within about eight hours, so lab tests might
not detect the drug unless they were performed shortly after the drug was taken.
Parrinello said that will make it hard to prove that Sgt.
Witherspoon used Ambien as a date-rape drug. However, prosecutors said they
have a solid case.
Sgt. Witherspoon is free on $20,000 bail.
Parrinello said a deal is very unlikely at this point.
Witherspoon has been suspended from the Caledonia Police Department and faces
between 5 and 25 years in prison if convicted.
Parrinello said any deal would have to wipe out those charges and allow him
back in the police department
========================
Tear-gas incident investigated:
An internal-affairs investigation related to the Tallahassee Police Department's
accidental tear-gassing of 11 people Thursday is ongoing, said police spokesman
Stewart Clendinen. The department's Tactical Apprehension and Control team
accidentally tear-gassed a neighborhood off Blountstown Street in northwest
Tallahassee. The TAC team had been training in an abandoned home on Country
Lane and an officer discharged a tear-gas canister. "The internal-affairs
investigation
is still open and confidential and will be open for the next 45 days," Clendinen
said.
========================
Jail guard suspended after prostitution charge
By David Hunt
TRIBUNE-REVIEW
Thursday, September 30, 2004
A Fayette County corrections officer accused of having sex with a prostitute
in a church parking lot has been suspended without pay.
Thomas J. Fike Jr., 27, of 191 Lenox St., Uniontown, was charged after he and
the alleged prostitute, Kristi Bogol, were spotted by three Uniontown police
officers at 3:30 a.m. Sept. 20 in the parking lot of St. George Maronite
Catholic
Church.
Bogol, 18, who court documents say is homeless, also is charged.
According to the affidavit of probable cause filed in support of the charges,
both Fike and Bogol jumped up, trying to get dressed and hide, as the police
turned on their lights. Police say Fike initially said Bogol was his cousin.
Bogol told police that Fike picked her up on North Gallatin Avenue. The two
stopped at a gas station, where Fike bought Bogol a pack of cigarettes, a hot
dog, a bag of chips and a Mountain Dew, police said.
The two then went to the church parking lot, where Fike allegedly offered Bogol
$20, but she refused it. She told police that the sex was a way of thanking
him for the food.
County records indicate Fike was hired to work in the county jail on July 31,
2000, and was earning $13.23 per hour. Warden Larry Medlock said Fike has been
suspended without pay.
Both he and Bogol have been charged with open lewdness and prostitution. Both
offenses are classified as third-degree misdemeanors.
While Bogol was arraigned and jailed for a time on the charges, Fike is being
charged by summons.
Bogol was released this week after her bail was modified to $10,000 unsecured.
========================
Jail's PBA chief is SUV torch suspect
Tuesday, October 05, 2004
By PETE McCARTHY
Staff Writer
BRIDGETON -- A Cumberland County Jail corrections officer was charged with
setting his ex-girlfriend's SUV on fire over the weekend.
PBA Local 231 President Harold A. Taylor Jr., 40, of Fordville Road, was
arrested
early Saturday morning and charged with arson and criminal mischief.
Police called it a domestic dispute, but did not have a motive for Taylor
setting
the fire.
"I've learned to not say anything when it comes to a domestic situation,"
Bridgeton
police Lt. Michael Gaimari said Monday. "Obviously it's unfortunate, but as
far as domestics are concerned, there is not much that surprises me."
Taylor is listed as a part-owner of the vehicle, according to Gaimari.
The 17-year CCJ veteran allegedly used a brick to break open the driver's side
window of the 2002 Ford Expedition early Saturday morning and used a gasoline
can to start the fire, which was recovered at the scene, according to police.
A N.J. Transit bus driver came upon the fire in the area of Washington and
Pearl streets.
He called police before attempting to extinguish the fire.
Bridgeton Fire Department responded to the scene and put out the blaze, but
the vehicle was totaled, according to police.
The bus driver was able to give a partial description of a man seen leaving
the area just before the fire broke out and said that person left in what
appeared
to be a Ford Focus.
When the vehicle's owner came outside, she stated, "Oh my God. I can't believe
he would do this," according to Ptl. Christopher Blackburn's report.
She said she had been with Taylor for 13 years, but they had been separated
for about five months.
The woman indicated there had been no problems with Taylor recently, but he
might have been jealous because she was staying at a friend's house, according
to the report.
She did not have a restraining order against Taylor.
She said she purchased the SUV in 2002 for $25,000.
Police arrested Taylor a short time after the incident and searched his vehicle
for evidence.
There was also a $500 failure to appear warrant out for him, according to
police.
Taylor was released after posting $10,500 bail.
He has been suspended from his job without pay pending outcome of the charges,
Freeholder Jim Rocco, chairman of the department of Public Safety, said.
"I don't know of any other situations that he has been involved in," Rocco
said. "These are serious charges. It's kind of surprising coming from a 17-year
veteran."
CCJ warden Glenn Saunders did not return calls for comment Monday afternoon.
Taylor was the second PBA president to get into trouble at CCJ.
Back in June, former corrections officer Brian Harris was sentenced to
three-years
in state prison after admitting to changing an inmate's bail in 2002 to help
get that person out of jail early.
Harris had pleaded guilty to second-degree official misconduct after admitting
to lowering an inmate's bail from $500 to $100. He was recently released from
prison after serving about three months of his sentence, according to state
prison records.
========================
Taped phone calls played for jury
Published in the Asbury Park Press 9/24/04
By A. SCOTT FERGUSON
STAFF WRITER
FREEHOLD -- The trial of a suspended Holmdel police officer continued yesterday
with the jury hearing two hours of graphic, taped telephone conversation between
the defendant and an undercover detective who posed as a teen-age girl.
Several of the recordings included defendant James R. Davis, 44, encouraging
"Krissy" -- the name used by the undercover officer -- to perform sexual acts
on herself.
Jurors also heard testimony about a planned rendezvous between Davis and the
undercover officer that was supposed to take place in Belmar in April 2001.
He asked her to wear a black skirt so he would know who she was.
At the last minute, Davis failed to show up when his car was involved in an
accident.
"I was really looking forward to seeing you," Davis was heard saying in the
recording. "You probably look fantastic. I'm so sorry . . . I looked forward
to it all day."
Davis, of Toms River, is named in a 10-count indictment charging him with
official
misconduct, attempting to commit sexual assault and endangering by possessing
child pornography.
A decorated Holmdel officer for 14 years, Davis has been suspended from the
force since investigators from the Monmouth County Prosecutor's Office charged
him in March 2002.
In the first two days of the trial, Assistant Prosecutor Kevin Clark has sought
to portray Davis as a man who used the Internet and access to chat rooms to
seek out young girls.
Defense attorney Edward Bertucio has tried to show that his client believed
the girls were adults and that Davis was fantasy role-playing, which is legal.
During the first part of yesterday's trial, jurors heard from a now 20-year-old
woman who had several consensual sexual encounters with Davis when she was
a 16-year-old high school student in East Hanover, Morris County.
Under state law, an adult cannot be charged with a crime for having consensual
sex with someone 16 or older.
The Morris County resident testified that she first met Davis in a chat room
and he then asked for her telephone number. She told jurors that he frequently
talked about sex and the two later met for trysts at a motel near her home.
The encounters took place in September and October of 2000.
After one meeting, she told Davis that she wanted to stop meeting him. "I didn't
want to see him anymore," the woman said. "I told him it was getting me
depressed."
During his questioning, Bertucio showed that the woman has made a number of
conflicting statements to a Parsippany detective about Davis, including the
days that they met, what they did together and which chat rooms they used.
After testimony from Sgt. Thomas Wenzel of the prosecutor's office and Holmdel
Police Chief Raymond Wilson, jurors heard and saw Ocean County Sheriff's Officer
Michelle Pollina, who posed as Krissy and recorded six different conversations
with Davis in 2001.
With her youthful voice and looks, Pollina played the part of a 14-year-old
Brick high school student. At one point, detectives sent a picture of Pollina
sitting in a tree and dressed in a New Jersey Devils jersey and backward
baseball
cap to Davis.
After his arrest, Davis told authorities that he believed Krissy was older
than 18.
In addition to their telephone conversations, the two also exchanged instant
messages through Internet chat rooms. In her testimony yesterday, Pollina told
jurors that the conversations became more and more graphic about sex.
In the first three recordings played in court, Davis seemed more interested
in talking about the Devils and the team's chances in the playoffs that year,
his son and his ex-wife.
The later three conversations, including the one about the failed Belmar
meeting,
involved graphic sexual conversations. The last recording, almost an hour long,
involved Davis asking the officer to perform a sexual act.
Pollina's testimony is expected to continue before state Superior Court Judge
Paul F. Chaiet on Tuesday.
========================
(Jamestown, NY, October 5, 2004) - - He's a person of interest in the
disappearance
of a missing mother of four. And now, a Jamestown police officer is facing
several charges, including stalking. News 4's Barbara Pinson has the latest.
Jamestown Police Officer Michael Watson is accused of harassing and stalking
a number of women. Crystal Butera says she's one of them.
Former Jamestown Police Dept. employee Crystal Butera: "He would follow me,
he would call me on my cell phone - asked me where I was and he would be right
outside the residence that I was at."
Butera worked with Watson at the police department, but says she never reported
any problems because she thought things would only get worse.
She was later fired for an undisclosed reason. And now Officer Watson has been
suspended from the department without pay after an internal investigation.
Jamestown Police Chief William MacLaughlin: "The officers of the Jamestown
Police Department are entrusted with the duty to perform to the highest
standards
of professionalism, professional conduct and tenants of their oath of office
at all times. Michael Watson violated those standards through his conduct."
Monday, Watson was arrested and arraigned on one count of official misconduct,
two counts of stalking, two counts of harassment and four counts of aggravated
harassment.
He also became a person of interest in the disappearance of Yolanda Bindics
after it came to light that he had a relationship with her he tried to hide.
But officials say one topic has nothing to do with the other.
"The investigation in the relationship between Watson and Bindics is continuing
by the FBI and is unrelated to these criminal and civil service charges that
resulted from our independent and internal investigation."
But Yolanda's family thinks these stalking and harassment charges strengthen
their suspicions.
Yolanda's mother Patricia Bindics: "We wonder if he has abducted her in some
way we don't know how far it's gone. We don't know if it's really harmful or
where he has taken her."
Yolanda Bindics has been missing for seven weeks.
As for Officer Watson and the unrelated misdemeanor charges, he's free on 10,000
dollars bail pending a hearing.
========================
Undercover Police Officer Charged With Sex Assault
Arvada Officer Assigned To West Metro Drug Task Force
POSTED: 4:52 pm MDT September 23, 2004
DENVER -- An undercover Arvada police officer was charged Thursday with sexual
assault and official misconduct.
The Jefferson County District Attorney's Office did not say what prompted the
charges against Derek Charles Smotherman, 33, of Thornton, Colo.
Smotherman has been assigned to the West Metro Drug Task Force since 2000,
but has been on administrative leave with pay since Aug. 30.
The Wheat Ridge Police Department conducted the investigation that resulted
in one count of sexual assault and two counts of official misconduct. He was
booked and released on the charges Thursday.
Authorities didn't release a photograph of Smotherman because it could
potentially
put other undercover officers with whom he worked in physical danger.
========================
Williams' officer friend gets Nov. 1 court date
Saturday, September 18, 2004
By PETER HALL
The Express-Times
FLEMINGTON -- Jayson Williams' police officer friend Eric Allena will stand
trial in November on charges he encouraged witnesses to lie about the shooting
at the former NBA star's home.
Judge Roger Mahon ruled Friday that Allena can be tried before Williams is
retried on a manslaughter charge. He scheduled Allena's trial to begin Nov.
1. The trial is expected to last two to three weeks.
Allena, 30, of Morristown has been suspended with pay from his job as a
Bridgewater
Township patrolman since his indictment on charges of official misconduct and
witness tampering in June 2002.
Prosecutors say Allena called in sick the day limousine driver Costas "Gus"
Christofi was shot and killed at Williams' Alexandria Township home. He
allegedly
got into the home and spoke with Williams' friends who had witnessed the
shooting.
He later spoke with witnesses at Hunterdon Medical Center in Raritan Township,
where some had been taken to give blood and urine samples. Prosecutors say
Allena was aware of discrepancies in the eyewitnesses' stories but failed to
report it, as was his duty as a police officer.
Prosecutors had argued that charges against Williams needed to be resolved
before Allena's trial because Williams is a key witness in the state's case
against Allena.
Hunterdon County First Assistant Prosecutor Steven Lember said only Williams
can describe his relationship with Allena.
Lember said he plans to subpoena Williams to testify during the trial but added
that Williams is likely to invoke his Fifth Amendment right against
self-incrimination
if Allena's trial comes before his own outstanding charge is resolved.
Lember also argued that Allena's trial could cause pre-trial publicity problems
for Williams' retrial, which prosecutors want to hold in Hunterdon County.
Williams' first trial was moved to Somerset County after defense attorneys
argued media coverage made it impossible for Williams to receive a fair trial
in Hunterdon County.
Mahon agreed with Allena's defense attorney Brian Neary, who argued Williams
is not the only person who can testify about Williams' and Allena's friendship.
While Mahon agreed that the prosecution should not lose its best witness on
the issue, other issues compelled him to move Allena's trial ahead of Williams'
retrial.
Mahon said delaying Allena's trial would risk throwing it into limbo because
there is a degree of uncertainty about the scheduling of Williams' retrial.
He said that if Allena's trial were delayed until Williams' right to appeal
is exhausted, it could be years before Allena gets his day in court.
Last month Mahon ruled against Allena's motion to have his charges dismissed.
Allena claimed he had been denied his right to a speedy trial.
Neary said the judge found that the delay was not intentional and did not
violate
Allena's constitutional rights.
Williams, 36, was convicted of trying to hide his role in Christofi's death
after a 12-week trial that ended in April. He was acquitted of aggravated
manslaughter,
aggravated assault and a weapons charge.
The jury was deadlocked on a charge of reckless manslaughter, and the state
has decided to retry him on that charge in January.
Christofi, 55, of Washington was hired to drive members of the Harlem
Globetrotters
from Bethlehem to a Hunterdon County restaurant where Williams was dining with
friends.
When the group went to Williams' estate for an early-morning tour, Christofi
was invited inside. During Williams' trial, witnesses testified that Williams
swore at Christofi before slamming a shotgun closed toward Christofi.
The gun fired, striking Christofi in the chest, killing him instantly.
After the shooting, Williams tried to put Christofi's fingerprints on the gun,
stripped and jumped into his indoor swimming pool before ordering a friend
to hide his blood-stained clothes.
========================
Lying in police probe 'not a big deal,' witness says he was told
Federal trial opens in brutality case
By Shelley Murphy, Globe Staff | October 7, 2004
When his best friend, a Boston police officer, asked him to lie to protect
another officer accused of beating a teenager, Dante Tordiglione said he was
worried about what would happen if he got caught giving a false eyewitness
account to investigators.
ADVERTISEMENT
But Tordiglione testified yesterday in a federal civil-rights trial that his
friend, Officer Joseph Polito, assured him that it was "not a big deal" to
lie to the Boston police's internal affairs department because they didn't
take statements under oath.
According to Tordiglione, Polito told him, "A lot of people go in and give
false statements to IAD all the time."
However, the web of lies by Tordiglione and two other friends, who were
allegedly
recruited to pose as witnesses in a bid to exonerate Sergeant Joseph LeMoure
of brutality claims, erupted into a federal case.
And yesterday, Tordiglione was the first witness called to testify as the trial
of LeMoure, 42, of Saugus, and Polito, 30, of Boston's North End, began in
US District Court in Boston.
LeMoure is charged with violating constitutional rights by using excessive
force against Peter Fratus, then 18, during a traffic stop in East Boston on
June 24, 2000. LeMoure and Polito are charged with obstruction of justice,
witness tampering, and perjury for allegedly thwarting efforts to uncover the
truth during a civil suit filed by Fratus and a federal grand jury probe.
During opening statements to the jury, Assistant US Attorney S. Theodore Merritt
described LeMoure as "a bully with a badge," who became infuriated at about
2 a.m. that night when Fratus leaned out the passenger side of a car driving
by the East Boston police station and flashed his middle finger.
After chasing the car and pulling it over, LeMoure yanked Fratus out of the
car, knocked him to the ground, and punched him, leaving the teenager with
a concussion, according to Merritt.
In December 2000, after learning that Boston police internal affairs had
substantiated
a brutality complaint Fratus had filed against him, LeMoure enlisted Polito
to get three of his friends to claim they witnessed the confrontation and that
LeMoure didn't assault Fratus, according to Merritt.
Boston attorney Thomas Drechsler, who represents LeMoure, told jurors that
LeMoure never beat Fratus, who has a lengthy criminal record. He described
Fratus as the aggressor and said that if the teenager suffered any injuries,
they were caused when he "fell to the ground and was acting like a general
fool."
Drechsler said LeMoure paid $15,000 to settle a suit filed by Fratus, but never
admitted any wrongdoing.
Internal affairs substantiated Fratus's complaint against LeMoure, and in March
2002 suspended him for a year without pay and demoted him to patrolman. But
a year later, an arbitrator reduced the suspension to nine months and reversed
the demotion, saying the punishment was "overly severe" compared with similar
disciplinary cases. After their federal indictment, LeMoure and Polito were
suspended. Continued...
Lying in police probe 'not a big deal,' witness says he was told
October 7, 2004
Page 2 of 2 -- Drechsler yesterday acknowledged that LeMoure asked witnesses
to lie during the internal affairs investigation, but said he did it because
he believed the investigator "harbored a bias against him" and wouldn't give
him a fair hearing.
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Drechsler said LeMoure's actions didn't violate any federal laws because he
never told anyone to lie during the federal civil and criminal proceedings.
According to Drechsler, when witnesses were subpoenaed to give civil depositions
or testify before a federal grand jury, he told them, "Don't lie for me. Do
what's best for you."
Boston attorney Robert George, who represents Polito, said his client "honored
and cherished his relationship with LeMoure," a friend he'd known all his life,
and believed that LeMoure didn't assault Fratus.
"He believed he [LeMoure] was being set up," said George, adding that he got
three friends to try to help LeMoure save his job and didn't do anything in
a threatening or intimidating manner.
Tordiglione, testifying under a grant of immunity, told jurors that Polito
had been as close as a brother to him and asked him to help LeMoure because
the brutality allegations were "a bunch of BS, and we had to make some
statements
to bolster Joe LeMoure's defense."
Tordiglione said he was told that he should tell internal affairs investigators
he was driving home from a club when he saw LeMoure pull over a car and the
teenage occupant yelling, "I'll sue you."
He said he was told that LeMoure and Polito had recruited another friend to
be a fake witness and offer more details.
But after receiving a subpoena to testify at a civil deposition, Tordiglione
said he told Polito and LeMoure that he didn't want to lie under oath because
he feared being indicted for perjury. He said LeMoure offered to pay him
$10,000,
but he declined the offer.
During a meeting at a Mexican restaurant, Tordiglione said LeMoure and Polito
told him, "People lie under oath all the time . . . just stick to the story."
Tordiglione testified in his civil deposition that he couldn't remember what
happened. Later, he cooperated with the FBI and was granted immunity from
prosecution
if he told the truth. Testimony is scheduled to resume today.
© Copyright 2004 Globe Newspaper Company.
========================
Teen charged with poisoning teacher
The substitute teacher gets ill after drinking window cleaner-tainted water
but later returns to work.
By STEPHEN HEGARTY and CHASE SQUIRES
Published October 6, 2004
ZEPHYRHILLS - What might have started as a prank sent a Zephyrhills High School
student to a juvenile detention center Monday, accused of putting window cleaner
in a teacher's water bottle.
The teacher drank some of the liquid during school Friday and became ill for
several hours.
After an investigation Monday, Blake Ryan Agar, 17, was charged with "poisoning
food or water," a first-degree felony. He has been suspended from school.
Zephyrhills
High School principal Jim Davis said Tuesday he has not yet spoken with the
student and hadn't decided whether to seek expulsion.
During a court hearing Tuesday, Agar's mother said she was not convinced her
son was involved. If he was, she said, it may have been a joke.
"He's always been a practical joker," Beverly Agar said.
"He's a pretty good kid," Mrs. Agar said after the court hearing, in which
her son stood with his wrists handcuffed. "He's a typical teenager."
The incident happened Friday in a 3-dimension art class. The substitute teacher,
who regularly works at the school, became ill after drinking from her water
bottle. Zephyrhills police Chief Russell Barnes said the bottle had a blue
tint, so it would have been difficult to detect discolored water.
School resource officer Joe Rinaldo got word that the teen told other students
that he had put some window cleaner in the teacher's water. The investigation
on Monday led to an interview with Agar.
"Apparently he said he didn't have anything against the teacher, that he wasn't
trying to hurt her," Barnes said. "He said it was just meant as a joke."
Mrs. Agar said her son, a junior at Zephyrhills High School, has had some
difficulties
with the teacher involved. But she said he hadn't made any threats.
At the advisory hearing Tuesday, Circuit Judge Linda Babb ordered Agar held
in a Pasco County detention facility for juveniles. She appointed a public
defender to represent him.
The judge said that because of the elimination of state funding for a program
to allow juveniles to return home with supervision, Agar would have to be locked
up.
Agar shuffled into the small conference room shortly before 2 p.m. He was clad
in a detention center blue uniform, and his handcuffed wrists were shackled
to a chain around his waist. As he moved down a hallway, his mother slid over
and kissed him on the cheek before being warned by a bailiff to stay back.
Before Judge Babb ordered Agar held in custody, public defender Dillon Vizcarra
spoke on the teen's behalf. He asked Babb to consider that Agar has a clean
record and that there may be some legal issues to resolve.
"I'm not sure this window cleaner actually constitutes a poison," Vizcarra
said.
The law Agar was charged under, however, includes a broad description of poison.
"Whoever introduces, adds, or mingles any poison, bacterium, radioactive
material,
virus, or chemical compound with food, drink, medicine, or any product designed
to be ingested, consumed . . . commits a felony of the first degree," the law
states.
Davis said the teacher, who experienced nausea for about six hours after
drinking
the liquid, has recovered. She has already returned to the school to teach,
he said.
[Last modified October 6, 2004, 01:21:21]
========================
Complaints target chief, 2 others
Friday, October 08, 2004
By ANGELA CARBONE
acarbone@
repub.com
WEST SPRINGFIELD - The Public Safety Commission has accepted complaints against
the police chief and two other members of the Police Department.
The complaints were filed by Sheila A. Pecor, a West Springfield mother whose
son was killed after being struck by two cars. The complaints stem from that
incident and include charges regarding the officers' treatment of her after
her son's death, their conduct on the night of the accident and other aspects
of their professional behavior.
Named in the complaint are Police Chief Thomas E. Burke, Capt. Ronald E.
Campurciani
and Sgt. Robert E. Duffy.
The commission Wednesday forwarded the complaints to the Police Department
for investigation and review.
"This is the first time this has happened," said Public Safety Commission
Chairman
William Fennell. Fennell was referring to the fact that the commission was
sending the complaint to one of the individuals named in it, Chief Burke.
However, the ordinance governing the commission states filed complaints are
to be sent to the chief, Fennell said.
Commissioner Dennis Lefebvre said Campurciani is the department's internal
affairs officer, which could pose another conflict.
"Then he would have to step aside (from an investigation), and the chief would
have to step aside," said Commissioner Louise Mehegan.
Fennell said what the commission is looking for now is the police response
to the allegations, not necessarily an investigation. He also said he will
consult with the city's lawyer, James T. Donahue, regarding a possible conflict
of interest.
Commissioners voted 5-0 to forward the complaint to the police today and to
give the department 10 days to respond. Commissioners also set a meeting Oct.
27 to take up the issue again and set hearings on the complaints if needed.
Individuals named in complaints have the right to be present, to be represented
by legal counsel and to request the hearing be held in closed session or permit
an open session.
Pecor, who attended Wednesday's meeting, thanked the commission for taking
her complaint seriously. "I appreciate your putting a time limit on it," she
said.
Chief Burke had not received notice of the complaints as of noon yesterday.
He said he had received a letter from Pecor that listed allegations against
individuals in the department but had no official word on a complaint from
the commission.
Burke refused comment.
"We'll deal with it when the Public Safety Commission says," he said. "It's
just another thing we've got to deal with."
The Police Department has not had a public complaint filed against it for about
a year and a half, Burke said.
========================
Search after gear found on beach
September 23, 2004
POLICE are waiting to see if anyone is reported missing before resuming a search
they started last night after a towel and shoes were found on a beach at
Stradbroke
Island off Brisbane.
Water police, an Emergency Services helicopter and Volunteer Marine Rescue
began searching the sea off Cylinder Beach after the towel and casual shoes
were found at 8pm (AEST).
Police said no-one had been reported missing and they were making inquiries
to try to find the owner of the property.
"The search has been suspended but if anyone is reported missing today we will
ramp it up again," a police spokesman said.
========================
Officer arrested in family violence
An off-duty Houston police officer was arrested early Sunday for family
violence,
authorities said.
Sugar Land police took the police sergeant into custody about 1:30 a.m. while
they were investigating a disturbance at his home in the 1200 block of Ravens
Court, police said.
He was taken to the Fort Bend County Jail after the arrest, police said.
The Houston Police Department's internal affairs division has launched an
investigation,
an HPD spokeswoman said.
========================
Officer Gets 6 Months In PCP Case
Friday October 08, 2004 5:03am
Washington (AP) - A D.C. police officer has been sentenced to six months in
jail for helping to buy PCP for a woman later died.
Officer Joseph Jennifer wasn't charged in the death of Dawn Rothwell, who
apparently
fell off the balcony of her 12th-floor apartment early on January seventh 2003.
But D.C. Superior Court Judge Craig Iscoe told Jennifer he believes the
officer's
conduct was a contributing factor.
Prosecutors say he drove Rothwell and two other people to a drug dealer to
by a cigarette that had been dipped in the drug.
Jennifer was convicted of a misdemeanor, aiding and abetting possession of
PCP, and faces up to six months in jail. D.C. police say the 13-year veteran
of the force has been suspended without pay and could be fired.
========================
Garron plea ends jail time
Tuesday, October 05, 2004
By PETE McCARTHY
Staff Writer
BRIDGETON -- A former city police officer pleaded guilty to third-degree
official
misconduct Monday, ending a four-year saga which began with a conviction for
sexual assault that was eventually overturned by the state Supreme Court.
By pleading guilty, 39-year-old Anderson Garron faces 364 days in county jail,
but will receive credit for time served when he is sentenced next month --
amounting to no additional jail time for the 13-year police veteran.
As part of the plea agreement, Garron also forfeits his career in law
enforcement.
Following Monday's plea, Garron left the courtroom declining to speak until
after his sentencing.
"In one respect, my client is upset because he ended up serving almost three
years in state prison for a crime he did not commit," defense attorney Joseph
Levin stated. "In another respect, he looks forward to putting this tragic
part of his life behind him and moving forward with his family and friends."
Initially, Garron was convicted of aggravated sexual assault, aggravated
criminal
sexual contact and official misconduct and given an 11-year state prison
sentence.
He served nearly three years of that sentence before it was overturned in July
2003 and he was granted a new trial.
Standing before Superior Court Judge Richard Geiger, Garron admitted that he
entered a South Avenue home in the early morning hours of Sept. 28, 1998 while
on duty and "participated in inappropriate sexual conduct," thus violating
departmental regulations.
His accuser, who worked with Garron's wife at the Cumberland County Prosecutor's
Office, alleged during the first trial that Garron came over to her home while
on duty and forced her to perform a sexual act.
Garron maintained it was consensual.
Following his 2000 conviction, Garron argued he was not given a chance to offer
testimony about his past relationship with his accuser because then Superior
Court Judge Rushton Ridgway ruled it fell under the Rape Shield Law -- designed
to protect a sexual assault victim from having information about previous sexual
behavior to be used during trial.
"The judge failed to comply with the Rape Shield Law and excluded most of the
defense's evidence, including witnesses who worked for the prosecutor's office,
who would have testified that the complainant repeatedly attempted to engage
in a consensual sexual relationship with Anderson Garron," Levin said. "As
a result of the court excluding this testimony, Anderson Garron was unjustly
convicted."
The state Attorney General's office unsuccessfully appealed the overturned
conviction to the U.S. Supreme Court.
Once it went back to trial, a plea offer was made which was "acceptable to
the victim," said John Hagerty, spokesman for the Division of Criminal Justice.
"The plea deal would not have been offered without the victim in this case
agreeing to the offer and understanding what it is and how it impacts the
defendant,"
Hagerty said.
Although Garron did not plead guilty to the sexual assault charge, the public
record from the first trial speaks for itself, Hagerty said.
"The world knows there was an individual who was assaulted and by every
definition
of the word is a victim," Hagerty said. "There's still a woman who was sexually
targeted by the defendant at one point."
Sentencing was scheduled for Nov. 12.
========================
No problem, hows that go?
(In an artificial voice the obsolete speak n spell says)
B-u-s-h i-s i-n-c-o-r-r-e-c-t
========================
Albany cop put on suspension
Staff reports
First published: Friday, October 8, 2004
An off-duty Albany cop who crashed his car into his garage early Thursday,
igniting a fire that engulfed his apartment building, has been suspended without
pay while the incident is being investigated, authorities said.
Officer Greg Krikorian, 25, nearly crashed on Interstate 787 in Watervliet
just minutes before he repeatedly backed his Corvette into his River's Edge
apartment garage about 1 a.m. on Center Island in Green Island. He had attended
his father's retirement party several hours earlier.
Krikorian had been at the private party for several officers Wednesday night
at Martel's Restaurant at The New Course, said Albany Department of Public
Safety spokesman Detective James Miller. Miller would not say if Krikorian
was drinking at his father's party, which ended at 10 p.m., or where he was
later.
A breath test determined Krikorian's blood alcohol content was 0.16 percent,
and he was charged with driving with a blood alcohol content of more than 0.08
percent as well as with driving while intoxicated, State Police spokeswoman
Trooper Maureen Tuffey said. Troopers also charged him with leaving the scene
of an accident. He was issued a ticket to appear in Watervliet City Court.
Shortly before 1 a.m., a witness reported a northbound 1988 red Chevrolet
Corvette
appeared to strike a tractor-trailer truck on I-787, Tuffey said. The witness
told police the truck continued north while the sports car swerved into the
guide rail near the 23rd Street exit -- about a mile from Krikorian's home.
Later Thursday, parts of a car and tire marks were visible. Several guide rail
posts were bent and red paint marked them.
Green Island Fire Chief Michael F. Carlow said witnesses reported Krikorian
repeatedly tried to back his car into the ground-level garage of his rental
apartment. Carlow said it appears the Corvette's gas tank ruptured, spraying
gas. Something ignited the fuel about 1 a.m. The blaze destroyed much of the
60-foot-long building. No one was hurt.
Albany Police Chief James E. Turley called the events an "unfortunate incident"
but said there would be no rush to judgment while an investigation is conducted.
Krikorian was placed on 30-days suspension without pay.
Both Krikorian and his father, Charles Krikorian, are well-known. The elder
Krikorian served on the Albany department for 33 years, most as a detective.
His son, who grew up in Watervliet, scored the winning touchdown when Watervliet
High School won the state football championship in 1996. Greg Krikorian has
been on the Albany force since 2001.
========================
Former Merrill police chief says he'll plead guilty to gun charges
Friday, October 8, 2004 2:42 PM PDT
Published October 8, 2004
By DOUG HIGGS
A police officer who formerly served as chief of police in Merrill says he
is prepared to plead guilty to federal weapons charges and give up his career
in law enforcement.
Lee Cornelius Whalen, 37, who left the Merrill police force in 1998, says he
will resign Jan. 1 as chief of police for the city of Carlton, a small city
near McMinnville.
Whalen and another former Merrill police officer, Richard Earl Noble, 48, were
indicted by a federal grand jury on charges of possession of an unregistered
silencer, an unregistered sawed-off shotgun, and unregistered semiautomatic
rifles.
The McMinnville News-Register reported recently that Whalen has accepted a
plea agreement with authorities.
A prosecutor in the case, Robert Thompson of the U.S. Attorney's Office in
Medford, said there currently are matters before the court he could not discuss.
But he expected to be able to make an announcement in another week or so.
Whalen is not expected to be available for comment until early next week.
Whalen's resignation was accepted by the Carlton City Council on Sept. 13.
The council expressed its regret for the resignation.
Noble continues to be employed by the city of Carlton as a sergeant in the
city's police department, which consists of Whalen, Noble and one other officer.
The weapons in the case were transferred from the city of Merrill for Whalen's
new department in Carlton in 1998, but he allegedly failed to comply with the
federal paperwork that was required.
Dave Rott, who succeeded Whalen as chief of police in Merrill, pleaded guilty
to charges of official misconduct in connection with the weapons transfer.
Rott served 20 days in jail and surrendered his credentials as a law enforcement
officer.
A report by Starla Pointer of the McMinnville News-Register said that, because
of the agreement he has made with prosecutors in the case, Whalen will no longer
be able to work as a sworn police officer, but will be able to pursue other
work in the law enforcement field, such as teaching.
Her article said further that Noble will retain his police certification after
reaching a diversion agreement with the prosecutors on lesser charges.
Thompson would not confirm earlier this week that any agreements have been
reached.
Whalen has been the police chief for the city of Carlton since 1998.
He began his police career as an unpaid reserve officer in McMinnville in 1991
and later was employed by the city of Merrill in its police department before
moving to Carlton.
========================
Two Police Officers Arrested In Drug Sting
Authorities Say More Arrests Likely
POSTED: 12:38 pm CDT October 1, 2004
UPDATED: 12:41 pm CDT October 1, 2004
OKLAHOMA CITY -- Federal drug agents arrested dozens of people Thursday on
conspiracy to traffic a controlled and dangerous substance, including two law
enforcement officers and a chiropractor.
Oklahoma Highway Patrol trooper Pete Norwood said more arrests are likely.
"It's one of those things where a lot of people were arrested and others are
giving up other people," Norwood said. "It's not just officers but ... this
is a pretty big deal."
Patrol trooper Timothy Timmons, 36, Norman police officer Kyle Sherman, 34,
and chiropractor Timothy Young, 37, were arrested Thursday, records show.
Officials have not said what substance they suspect the men where attempting
to distribute. The investigation involved two metro-area gyms, said Chuck
McNeil,
metro fugitive task force coordinator for the U.S. Marshals Service.
"We split up into teams," McNeil said. "And there were just so many people."
McNeil didn't have details on the two gym's involvement.
Bob Surovec, assistant special agent in charge of the Oklahoma City DEA office,
would not comment on the ongoing investigation.
Timmons has been suspended with pay pending an investigation, Norwood said.
Other officers may be arrested, Norwood said.
Norman police Lt. Tom Easley said Sherman's arrest was part of an ongoing and
widespread investigation. He declined further comment.
Suspects were still being booked late Thursday, and a complete list of those
arrested was not available.
Timmons and Sherman were released from the Oklahoma County jail after bail
was posted Thursday afternoon, records show. Young was being held in the jail
in lieu of $5,000 bail, records show.
========================
Pekin officer charged with slashing tires
Patrolman faces felony accusations in damage of estranged wife's truck
Friday, October 8, 2004
By JOHN SHARP
of the Journal Star
PEKIN - A Pekin police officer was charged with allegedly slashing the tires
of his estranged wife's truck while on duty last month.
Patrol Officer Reno Bigliazzi walked up to his estranged wife's truck on Sept.
17 and slashed two tires, a neighbor told investigators.
Bigliazzi, 38, of 1415 Henry St., then walked "gingerly" toward his squad car,
got into it and drove past two or three houses before turning on the headlights,
Tazewell County Circuit Court records show.
The neighbor's testimony and Bigliazzi's admission of using a knife to slash
the tires led State's Attorney Stewart Umholtz on Thursday to file a charge
of felony official misconduct against the 14-year Pekin police officer.
When contacted Thursday afternoon, Bigliazzi said, "I haven't been notified
today" about the felony charge. He declined further comment.
If convicted, Bigliazzi, who is on paid administrative leave, could face two
to five years in prison or probation.
His next court date is at 9 a.m. Nov. 16.
"We heard complaints there might have been some things going on," Police Chief
Tim Gillespie said. "Our department initiated the investigation to see if there
was substance to this. When we did, we had reason to believe something had
happened, so we went to the State's Attorney's Office to ask them to have (the
Illinois) State Police investigate."
According to court records, Kristine Bigliazzi said vandalism to her truck
began in April when two screws were used to puncture its passenger side tires.
Also, the truck had been egged.
When she was washing off the eggs, Kristine Bigliazzi found a screw positioned
behind the driver's side front tire in a such a way that it would puncture
that tire had she backed up, records indicate.
In July, another screw was used to flatten one of the truck's tires, prompting
her to buy a new set, court documents show.
After the Sept. 17 incident, the woman contacted the Police Department but
was hesitant to file a report because her estranged husband is an officer,
records show.
Gillespie said Kristine Bigliazzi filed only one report with his office, and
that report was turned over to Illinois State Police. He said he wasn't sure
whether the three incidents were connected.
Umholtz was unavailable for comment late Thursday.
Gillespie said that within the next couple of weeks, Reno Bigliazzi could face
disciplinary charges, including being placed on unpaid leave.
In addition, Gillespie said he could suggest to the city's Fire and Police
Commission that the officer be fired.
Gillespie said the officer had an "unblemished record" prior to Thursday's
charge.
"All I know at this point is that felony charges have been filed and I will
move to have him suspended without pay," he said.
This is the second time in two years a Pekin police officer has been charged
with felony official misconduct. Both incidents were investigated by state
police.
Last year, former Deputy Chief Charles Bassett was convicted of official
misconduct
and placed on 30 months probation for stealing $2,500 from a fund he once
monitored.
In addition, Bassett, who served 29 years with the department, lost all his
post-employment pension benefits.
========================
By Sarah Schulte
September 21, 2004 - Two north suburban police officers are charged for an
alleged beating at a police station that was partially captured on videotape.
Both officers pleaded not guilty today to charges of obstruction of justice,
misconduct and battery.
Video ABC7 Video Clip
Sayyid Qadri, 22, claims Evanston police officers beat him in a police station
bathroom after he was picked up for a traffic stop.
Sayyid Qadri
Rookie Officer Michael Yorty and 12 year veteran Gus Horemis could face up
to five years in prison for using excessive force. Horemis, 42, and Yorty,
28, are also accused of making false statements to police. Prosecutors say
Yorty lied under oath before a judge back in March. Both men were released
on a $100,000 bond.
"I feel right thing has happened because they're wrong and now they're paying
for it," said Qadri.
It may have taken six months, but 21-year-old Sayyid Qadri is relieved that
charges have finally been filed against two Evanston police officers, who
alledgedly
beat him up after a routine traffic stop.
"I deeply regret that two officers have disgraced their oath of office and
their badge," said Chief Frank Kaminski, Evanston Police Dept. "They have
betrayed
the public trust and dishonored fellow police officers."
In March, Qadri was pulled over on Ridge Road for making an illegal right turn
on red. His license had expired. The next thing Qadri knew, Officer Gus Horemis
handcuffed him and brought him to the Evanston Police Station. Investigators
say Horemis, along with Officer Michael Yorty, took Qadri into a bathroom.
"Inside the bathroom, Horemis slammed the handcuffed Qadri's head into a wall,
causing injuries," said Dick Devine, Cook County State's Atty.
The before and after were caught on police surveillance tape..
"I'm disappointed from the response. Did they know a camera was there? The
video speaks for itself," said Chief Kaminski.
Even though charges were not filed until Tuesday, the Evanston police chief
says an investigation into the incident began the day it happened. While
prosecutors
say the videotape is only a piece of evidence, Qadri's attorney's are convinced
charges would never have been filed without it.
"We have a lot of clients beat up badly by police in Illinois and there has
never been any interest in prosecuting them," said John Loevy Qadri's attorney
Qadri will continue to pursue a civil suit against the officers and the Evanston
Police Department. His attorneys are counting on the videotape to be the focus
of their lawsuit.
As for the officers charged, Yorty was fired and Gus Horemis has been placed
on paid leave.
You can see the ABC7 report by clicking on the video icon above. You will
need Windows Media Player to view this video. You can get it FREE by clicking
here. NOTE: Video clips will only be available for 5-days from the date they
were created. ALSO: Video clips will play in a separate window on Mac OS X
machines, you may also see a video help screen.
http://abclocal.go.com/wls/news/092104_ns_police_brutality.html
========================
Officer suspended
by KENNETH FRY
Press Argus-Courier Editor
A local police officer involved in a federal investigation of steroids has
been suspended with pay.
Van Buren Police Chief Kenneth Bell said Monday he suspended the officer on
Sept. 14 after he was notified by a representative of Immigration and Customs
Enforcement that the officer was under investigation.
Bell would not release the name of the patrol officer since the investigation
is ongoing.
"I relieved the officer of duty pending a federal investigation into the
importation
of steroids," Bell said.
Bell said the officer has not been charged with any criminal activity.
When the investigation is complete, Bell said he will hold an informal hearing
and decide whether to take disciplinary action. The police department is not
currently conducting an internal investigation into the matter, he said.
No other officers with the department have been identified as subjects of the
investigation, Bell said. He did not know whether federal authorities were
investigating anyone else in the community.
Bell said Immigration and Customs Enforcement officials did not realize the
officer was a member of the police department until ICE representatives went
to talk to the officer.
"When the agent found out, he notified me," Bell said. The chief said he hopes
the investigation is completed by the end of the week.
Bell said it is a federal violation to import steroids, a schedule 3 narcotic
which requires a prescription.
========================
Officer Accused Of Going To Home, Trying To Undress Woman
Anderson Pleads Not Guilty To Charges
UPDATED: 10:59 AM EDT October 5, 2004
LANCASTER, Ohio -- A Chillicothe police officer pleaded not guilty Monday after
being charged with trespassing, menacing and assault.
Investigators said Officer William Anderson went into a Lancaster woman's home
on Friday and tried to undress her. He then reportedly committed a lewd act.
Anderson, 32, of Lancaster, was arrested on four charges stemming from the
complaint. He has been suspended from his regular police duties pending an
internal investigation, according to the Chillicothe Gazette.
According to Lancaster police reports, the 30-year-old alleged victim was at
home when Anderson showed up at her home at about 9:30 a.m.
The alleged victim reported Anderson said he wanted to talk with her and then
"grabbed her shirt and tried to lift it up and ask to see her breasts."
She said she pushed him away and went backwards while "Anderson came after
her and kept trying to pull up her shirt and he tried to pull her pants down,"
the report said.
She said she pushed him away again and he grabbed her around the throat and
"told her he should just rape her."
The alleged victim then said he pulled his pants down and started committing
a lewd act.
She warned Anderson her boyfriend lived down the street and he had better leave,
the newspaper reported.
Anderson is out of jail on bond.
========================
Last Updated: 12:22 am, Wednesday, October 6th, 2004
LeClaire officer charged with OWI
By Todd Ruger
.
LeCLAIRE, Iowa - A LeClaire police officer and firefighter faces a charge of
operating while intoxicated after Scott County sheriff's deputies found him
passed out behind the wheel of his truck, court records show.
.
Deputies found Shane M. Themas, 28, of 324 S. 8th St., LeClaire, at about 1:30
a.m. Thursday in his truck, which was parked in the intersection of 249th Avenue
and Valley Drive in Pleasant Valley, according to an affidavit filed by the
sheriff's department.
.
Themas, an officer with the LeClaire Police Department for more than three
years and step-son of LeClaire Police Chief James Pfeiffer, did not respond
when the deputy knocked on the window several times, the affidavit said.
.
The deputies arrested Themas after he refused to take a preliminary breath
test and a standard field sobriety test, the sheriff's department said. He
also refused to give a breath specimen once at the jail, according to the
affidavit.
.
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The arresting deputy said he opened the car door and detected a strong odor
of alcohol coming from inside the truck, and that Themas used the truck to
help maintain his balance, had bloodshot and watery eyes, slurred speech and
smelled like alcohol, according to the affidavit.
.
Pfeiffer suspended Themas without pay for 30 days on the day he was charged.
.
Media inquiries prompted Pfeiffer to issue a press release Tuesday, stating
the reason for the immediate suspension during the ongoing investigation is
"that a swift, clear and concise form of discipline has to be taken in these
types of cases by a law enforcement administrator."
.
The information was going to be released at the conclusion of the investigation
and after all the facts were analyzed, Pfeiffer said.
.
But Pfeiffer said he needs time to set forth the facts accurately and does
not have the resources of other departments for internal affairs, and will
issue a "full and final" press release when the investigation is concluded.
.
Themas also will get one year unpaid leave of absence from the police
department,
Pfeiffer said.
.
Themas received a Life Saving Award in January 2003 after he administered CPR
to a man who had a heart attack at the Tugfest in LeClaire.
========================
Clark County schools police chief fired
LAS VEGAS The Clark County School District's top cop has been fired for not
having state certification to make arrests.
Elliot Phelps was a police administrator in Elizabeth City, North Carolina,
before he was hired four years ago.
He says he was in the process of getting certification from the Nevada
Commission
on Peace Officers' Standards and Training -- but was dismissed before getting
it.
School Superintendent Carlos Garcia says certification was a requirement that
should not have been overlooked when Phelps was hired.
He blames the school personnel office for not bringing the issue to his
attention
earlier.
Acting School Police Lieutenant Jim Ketssa will be acting chief until a
replacement
is found.
========================
Baton Rouge officer arrested on sex charges
BATON ROUGE, La. A Baton Rouge police officer was placed on administrative
leave today after he was arrested on two counts of carnal knowledge of a
juvenile.
Authorities say the parents of a 15-year-old girl contacted the Baton Rouge
Police Department this morning, alleging their daughter had a sexual encounter
with officer Anthanor Bradford the Third. The Internal Affairs Division
investigated,
and contacted the East Baton Rouge Parish Sheriff's Office because the alleged
incident occurred yesterday outside the city limits.
Bradford is a five-year veteran assigned to Uniformed Patrol, First District.
Interim Baton Rouge Chief of Police David Whatley said he will remain on paid
leave until the outcome of the department's investigation.
========================
September 29, 2004
Police sex case victim found dead at residence
By Rebecca Nolan
The Register-Guard
A woman sexually assaulted by a former police officer now serving 94 years
in prison was found dead in a Eugene apartment Tuesday, the victim of an
apparent
heroin overdose.
A second woman victimized by Roger Eugene Magaña filed a police report Monday
after a fuse was found hanging out of her car's gas tank.
Eugene police spokeswoman Pam Olshanski said the two cases were not related,
and there were no indications of foul play at the scene of the death.
"In no way are we connecting them," she said.
Olshanski would not release the name of the dead woman until her next of kin
were notified.
The Register-Guard learned that the woman was Tomme Lea Allen, 49, an aspiring
photographer, recovering addict and mother of two grown children living in
another state.
A neighbor at the French Quarter Apartments, 1101 W. Sixth Ave., called police
at 7:39 a.m. worried that he and his wife had not seen Allen in a couple of
days. Officers found her dead inside.
Police asked the Oregon State Police to take over the death investigation and
to perform an autopsy.
"It's not unusual for us to bring them in to assist with something," Olshanski
said. "We want to make sure no questions arise."
Allen was the plaintiff in a $2.25 million lawsuit against the city alleging
that the police department was negligent in hiring and supervising Roger Magaña.
A jury convicted Magaña of raping, kidnapping, sexually assaulting and harassing
more than a dozen women during his eight years as a Eugene police officer.
He is appealing his conviction.
Allen had accused Magaña of forcing her to perform oral sex during a call for
service at her house. She testified that he threatened to have her children,
who lived with her at the time, taken away if she failed to meet him at
locations
around the city.
The jury found Magaña guilty of using his position as an officer to coerce
Allen to do things she wouldn't otherwise do.
The second woman called police at 12:54 p.m. Monday after a person repairing
her windshield found a piece of string hanging out of her gas tank. A police
report describes the string as some sort of fuse, Olshanski said.
An officer went to the woman's home and collected the string for evidence.
Investigators have no suspect information, Olshanski said.
The second woman also is suing the city for $2.25 million. She testified during
Magaña's criminal trial that the officer tried to force her to perform oral
sex in his patrol car under threat of arrest. She refused and escaped. In her
case, a jury found Magaña guilty of first-degree official misconduct,
second-degree
kidnapping and first-degree attempted sodomy.
========================
Police say they tried to rescue boy, but he pushed away cop
Thursday, October 07, 2004
By Michaelangelo Conte
Journal staff writer
HOBOKEN - The 16-year-old boy who drowned in the Hudson River after escaping
from a police station restroom Tuesday used the same trick to elude cops last
week, his distraught mother said yesterday.
Michele Lessane also expressed outrage that police did not jump into the river
to save her son - who his friends say could not swim - after they chased him
through Hoboken Terminal, a pursuit that police say ended when he leaped into
the water.
"Not one officer jumped into the water to save my son," said Lessane, the mother
of Vincent "Woody" McConnell. "All those cops in the station and no one tried
to jump in and save him. How can you not jump in to save a child? They are
heartless bastards. I feel they are wholly responsible."
McConnell, who was wanted for probation violations, turned himself in to a
police officer assigned to Brandt Middle School, at Ninth and Garden streets,
Tuesday afternoon, Hoboken Police Chief Carmen LaBruno said. Later that day,
McConnell escaped through the police station window after telling cops he had
to use the restroom, police said.
Lessane said police also arrested her son at school on Sept. 27 but he escaped
that day, too.
"They went to the school to pick him up last Monday but on the way down the
stairs they said they wanted him for burglary," Lessane said. "They told him
they were going to charge him with burglary. He asked them to go to the bathroom
in the school and he ran on them."
She said he came home and told her he ran because he'd done nothing wrong.
"I told him 'Let's go in and talk to them because if you didn't do anything,
then nothing will happen,' but he ran from me and was hiding for a week. He
came back Sunday night or Monday morning. I told him 'Turn yourself in because
it's not going to go away.'"
LaBruno could not be reached late last night to confirm her account of last
week's incident.
Earlier in the day, LaBruno also said his officers acted properly at all times
after McConnell surrendered Tuesday. LaBruno said it appeared that McConnell
did not think he would be locked up after turning himself in, but when he
learned
he would be, he fled, leading to the tragic consequence.
"We in the Police Department are saddened by the course of events and the
decision
the individual made," LaBruno said. "Our officers are extremely upset that
they could not effect a rescue despite their best efforts."
McConnell was sentenced on an aggravated assault charge on July 27 and placed
on probation and ordered to wear an electronic monitoring bracelet, Hudson
County Prosecutor Edward DeFazio said yesterday. But a week later, he removed
the bracelet, violating his probation and causing a warrant to be issued for
his arrest, DeFazio said.
While he was in police custody Tuesday, McConnell asked to relieve himself
and was taken to a private restroom with an officer posted at the door, rather
than the secure restroom in the station's holding area, LaBruno said.
McConnell, who was not handcuffed, opened the small bathroom window, unscrewed
the security grate and climbed out onto Court Street before heading toward
Hoboken Terminal on the waterfront, DeFazio said. Police began chasing him
on foot and in vehicles, DeFazio said.
"He was yelling, 'I'm not going back to jail, I'm not going back to jail,'
as he ran to the train station," LaBruno said, adding that police were
negotiating
with him as he fled. Eventually, he made his way over a safety railing along
the river and was standing on the small ledge beyond it.
"He held up for a minute and we negotiated with him not to jump and he kept
saying 'I'm not going back to jail,'" LaBruno said. "Several eyewitnesses
confirmed
he then pushed away an officer that was holding his arm and jumped into the
water."
Officers immediately began disrobing in preparation to jump in after him,
LaBruno
said. One officer removed his belt and while lying on the platform, dangled
it to McConnell, urging him to grab hold, LaBruno said, adding that McConnell
then sank below the surface.
Friends of McConnell's at Hoboken High School said yesterday that he couldn't
swim. Two years ago, he almost drowned in the pool at Pershing Field in Jersey
City, his friends said yesterday.
"Since then, his biggest fear was drowning," said Tiffany Crespo, a junior.
LaBruno said the conditions in the river were dangerous.
"Harbor patrol told us it was a good thing we didn't jump in because the
undertow
there, the officers would have gone down the way the individual did, regardless
of their swimming ability," LaBruno said. "It was not a long period of time
before the rescue boat arrived there. They used a diver and got him out within
a minute of arriving."
Lessane said she'd encouraged her son to turn himself in because she trusted
the police but said she will never trust them again.
"Before 1 p.m. he called and he said 'I turned myself in' and he put the officer
on the phone at the school and she told me she would make sure he's all right,"
Lessane said yesterday during an interview in her Harrison Street home.
"At 1:51 p.m. he called (from the Police Department) and said he needed someone
to come get his CD player because he can't take it with him where he was going,"
Lessane said as she began crying and was comforted by friends.
"Then I didn't hear any more until 2:51 when the police officer called and
said he asked to use the bathroom and he ran. Then I got a call at 3:20 that
he jumped in the water and they were trying to save him. I had been relaxing
because he turned himself in and everything was going to be all right."
Lessane said she began walking to the police station and along the way heard
helicopters and did not know they were searching the river for her son. At
the police station she was left to wait and not given any information for some
time, she said.
"They told me he would be all right," she said. "Ask the police how they would
feel if it was one of their kids. What could they tell me to take away my
sadness.
They didn't care. I went there and they had no remorse."
In an address to the Hoboken City Council last night, Mayor David Roberts said
preliminary reports show city police conducted themselves properly "and tried
very hard to rescue this young man."
"All day there has not been anything more pressing on my mind," Roberts said
in an interview. "I have a 16-year-old and I can imagine the grief this mother
is feeling. There are no words I can give her. I gave her my promise to give
a truthful account of what occurred . I gave her the benefit of the information
I had so far . and I just want to express my deepest sympathy from my family."
DeFazio said that based on a preliminary investigation, there "does not seem
to have been any criminal activity on the part of the police officers. It is
likely the investigation will be continued administratively by the Police
Department's
internal affairs."
Journal staff writers Sara Lynch and Molly Bloom contributed to this report.
Michaelangelo Conte covers law enforcement. He can be contacted at
mconte@
jjournal.com
========================
Police officer charged with harassment
Teen: Douglas H. Baylor tried to force way into car
By MURALI BALAJI
The News Journal
09/15/2004
A 17-year veteran of the Wilmington Police Department was arrested Tuesday
evening in connection with an incident in which he tried to force himself into
a girl's car.
Master Cpl. Douglas H. Baylor, 42, of the 3000 block of W. Second St., was
charged with unlawful imprisonment and harassment following nearly a monthlong
investigation into an Aug. 18 incident outside of Grotto Pizza in the 1800
block of Pennsylvania Ave., police spokesman Master Sgt. William Wells said.
Baylor is the younger brother of former Delaware State Police Maj. David Baylor.
According to court documents, the 16-year-old girl left a gathering at Grotto
Pizza at 9:35 p.m. and got into her car. The girl told police that as she tried
to back out of the parking lot, a vehicle blocked the way.
A man, later identified as Douglas Baylor, walked up to the passenger side
of the girl's car and knocked on the window, asking her to roll it down. Baylor,
who was off duty, allegedly told the girl he had been watching her and said
she was beautiful, court records said.
When the girl said she would call the cops, Baylor allegedly said, "I am the
cops," and tried to force open the passenger door. The girl honked her horn
continuously until Baylor left.
An investigating officer said in court records that the girl was so shaken
she went back into the restaurant and told a parent.
Witnesses subsequently provided a description of Baylor and the car to police.
Wells said police developed Baylor as a suspect after officers in a following
shift read a "special attention" incident report from emergency dispatchers.
The investigation culminated with Baylor's arrest at 7 p.m. Tuesday.
This is the second arrest of an area police officer in a week. Thursday, New
Castle County Police Detective Brad Milton was arrested by Dover police after
pulling out a handgun during an argument.
Baylor was released on $3,000 unsecured bail. Wells said an internal
investigation
will be conducted. Baylor has been placed on administrative duty.
========================
Ranger Accused Of Pulling Gun In Neighborhood Dispute
Man Arrested, Placed On Leave
POSTED: 4:08 p.m. EST September 20, 2004
UPDATED: 7:31 p.m. EST September 20, 2004
INDIANAPOLIS -- An Indianapolis park ranger was arrested last week on
accusations
that he pointed a gun at the heads of two people during a dispute at a child's
birthday party in his neighborhood, police said.
Video
Man Charged With Criminal Recklessness, Pointing Firearm
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Mance Tutt, 30, pulled the gun outside the home of one of his neighbors Aug.
28 in the 4400 block of Westbourne Drive, witnesses told police.
Police said a birthday party for a child was taking place at the neighbor's
home. Witnesses told police that a dispute that began among children escalated
into an encounter between adults, including Tutt.
Several people, including 10 children, were on the property at the time,
witnesses
told police. No injuries were reported.
According to a court document, authorities believe Tutt "created a substantial
risk of bodily injury to adults and children in the yard."
Tutt, who has been a park ranger since 2000, was arrested Friday and charged
with pointing a firearm and criminal recklessness with a deadly weapon, both
felonies. He has been placed on administrative leave without pay pending an
investigation, the city's parks department said Monday.
A statement issued by Tutt's attorney said the allegations are lies. The
attorney
expressed confidence that Tutt will be exonerated, RTV6's Jack Rinehart
reported.
An initial court hearing is scheduled for Tuesday.
========================
Former officer's bond revoked in theft case
September 17, 2004
Elkhart -- A judge revoked the bond of the former head of Elkhart County's
drug task force Thursday after the man failed to show up for a hearing in his
case.
Larry Towns, former coordinator of the Elkhart County Drug Task Force, was
indicted in May on 13 counts, including felony theft and misdemeanor charges
of official misconduct and criminal conversion. He surrendered to police after
the indictments and had posted the $3,000 bond.
Towns, a former police officer, is accused of stealing a gun, drugs and $9,000
while he was head of the task force. He also is accused of failing to turn
over records to his successor in a timely manner.
Towns took the job in 1999, when he retired as detective captain from the
Elkhart
Police Department. The task force position paid $50,000 a year.
========================
Article Published: Thursday, September 30, 2004
Deputy recalls aftermath at Columbine in recordings
By Kieran Nicholson and Ann Schrader
Denver Post Staff Writers
Jefferson County Deputy Michael Guerra began to weep in March as he recalled
under questioning how he entered Columbine High School the day of the shootings.
Guerra told investigators for the attorney general's office that he was one
of the first to enter the school on April 20, 1999.
After disarming some homemade bombs left by killers Eric Harris and Dylan
Klebold,
Guerra came out of the school and was met by Kate Battan, who would become
the Jefferson County sheriff's lead investigator on the case.
"Weren't you preparing a warrant for this guy?" Battan asked Guerra about
Harris.
"I said, 'Yeah,"' an emotional Guerra told the investigators.
Guerra's interview was released Wednesday with 16 CD-ROMs containing interviews
of 13 people associated with reports made to police about Harris before the
shootings.
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Jefferson County Sheriff Ted Mink requested in October 2003 that Attorney
General
Ken Salazar lead an investigation into a newly discovered 1997 report that
Harris had a violent website. Salazar's work uncovered that a file and notes
(the "Guerra file") related to preparation of a 1998 draft affidavit to search
the Harris home were missing. After his preliminary report in February found
that the search warrant should have been executed, Salazar requested a grand
jury to compel testimony about the missing file.
The Guerra file is still missing, and no one was indicted.
Guerra told investigators he worked almost around the clock as he continued
to disarm explosives.
On the third day, Guerra said he was summoned from the school to the
internal-affairs
department at the Sheriff's Office.
He was told to grab his 1998 Harris file and attend a private meeting of county
officials at an open-space building where they discussed a draft search- warrant
affidavit Guerra had written for the Harris home.
"It was more of a liability thing," Guerra told the investigators about the
meeting. "We discussed the, um, indemnifying the department, that kind of stuff.
Kind of one of those cover-your-ass deals, I guess."
It was decided not to make the draft public, and it wasn't revealed until 2001.
Sgt. John Hicks received the 1997 report and was briefly involved in a 1998
meeting with Randy and Judy Brown, who initiated a 1998 complaint to sheriff's
officials that Harris had threatened their son.
"I saw the (draft) affidavit for the first time after Columbine, and I was
shocked, good and bad," he told Salazar's investigators. "I was shocked good
because I'm glad (Guerra) did take that step. But when I saw the first paragraph
and read the date (March 31, 1998), I said I got a problem with that. I didn't
ask any more questions. I didn't want to know."
He said he didn't remember getting the 1997 report before the tragedy.
Hicks said he was in a meeting with Jefferson County investigators months after
Columbine. "We were getting up to leave, and (Deputy Chief) John Kiekbusch
said, 'Did you sit on it (the report)?' That floored me," Hicks told
investigators.
Here are some of the others interviewed on the CDs:
Deputy Mike Burgess took a report on Aug. 7, 1997, about a violent website
maintained by Harris.
The Browns filed a report with Deputy Mark Miller in early 1998 that Harris
was threatening their son Brooks on Harris' website.
Deputies Glenn Grove and Guerra met the Browns on March 31, 1998, to discuss
their complaint.
Jefferson County officer Jim Pritchett met with Grove, Guerra and Kiekbusch
to talk about a possible search-warrant affidavit.
Sgt. Randy West was asked by Kiekbusch to review all sheriff's files relating
to the shooters.
Ann Schrader can be reached at 303-278-3217 or aschrader@
denverpost.com . Kieran
Nicholson can be reached at 303-820-1822 or knicholson@
denverpost.com .
========================
Domestic Dispute Involving Clark Sparks Inquiry
POSTED: 9:10 am EDT October 1, 2004
BALTIMORE -- As many as five members of the Baltimore police commissioner's
command staff have been told they're under internal investigation for their
handling of a domestic dispute involving Clark.
Kevin Clark hasn't been charged, but sources tell The (Baltimore) Sun that
some of his highest-ranking commanders could face internal rebuke.
Department spokesman Matt Jablow declined to comment.
It's unclear precisely what charges are being investigated or the potential
punishment.
The investigations by the department's internal affairs unit stem from the
May 15 dispute between Clark and his fiancee, Blanca Gerena.
According to police reports, Gerena emerged from the couple's north Baltimore
condominium and told officers "He assault me" in broken English.
========================
(no subject)
Chicago Tribune (subscription), IL - Sep 15, 2004
... formerly of the special operations section of the Police Department. ...
unlawful restraint and multiple counts of armed violence, bribery and official
misconduct. ...
------
========================
Accused Newark police officer surrenders in Camden
Sunday, October 03, 2004
BY KATIE WANG
Star-Ledger Staff
A Newark police officer accused of stealing from drug dealers and planting
evidence turned himself into Camden police yesterday morning, said John Hagerty,
spokesman for the state Attorney General's Office.
Darius "Red" Smith, 33, walked into the Camden police headquarters at 8 a.m.
by himself, said Hagerty. He was taken into custody at the Camden County Jail
in lieu of bail.
He will remain there at least until tomorrow said Hagerty, and then he will
return to Essex County to face arraignment and bail early in the week. Hagerty
said it is uncertain yet whether he will be charged with being a fugitive.
Hagerty said he did not know why Smith, a Newark resident, was in Camden. Smith
has been on the police force for 11 years and has been suspended without pay.
Smith was indicted Friday on charges that he and another officer, Lawrence
"Hightower" Furlow, robbed dealers and prostitutes of drugs, guns and money
and resold the spoils.
The two are part of a probe that the state Division of Criminal Justice is
leading into allegations of widespread corruption in the department.
Last week, Newark police officer Tyrone Dudley admitted in Superior Court in
Mercer County that he shook down drug dealers and took their drug money. In
addition, he identified seven other West District officers, including Furlow
and Smith, as being involved.
Authorities said Dudley, Furlow and Smith confronted drug dealers in the
streets,
their homes and sometimes stopped them in their cars to shake them down.
On Friday, Furlow pleaded not guilty in Superior Court in Newark to charges
of theft, official misconduct, tampering with and falsifying records. He is
being held in Essex County Jail in lieu of $20,000 bail.
========================
Two officers suspended after prank 911 call
The police chief says the two unidentified male officers were suspended with
pay pending an investigation.
01:00 AM EDT on Thursday, October 7, 2004
By NEIL SHEA
Journal Staff Writer
JOHNSTON -- Two police officers have been suspended indefinitely during an
investigation into whether they made a prank 911 call over the weekend.
Police Chief Richard Tamburini said the male officers, whom he would not
identify,
were suspended Tuesday with pay pending the outcome of the inquiry.
"The Police Officers Bill of Rights precludes me from identifying the officers,"
he said. "At this point, the evidence is totally inconclusive."
Deputy Chief Gary Maddocks Jr. said the 911 call was made late Friday night
from a pay phone at Brooks Pharmacy on Atwood Avenue.
The caller reported a disturbance in the pharmacy parking lot, prompting the
police to respond in force, Maddocks said.
"Approximately four or five units did respond, and it was unfounded," he said.
"They began to search the area and some information was received from a witness,
but I can't say much more than that."
Maddocks also cited the Officers Bill of Rights in explaining why he was unable
to be more specific about the investigation.
The Officers Bill of Rights is a state law, enacted in 1956, that governs how
police departments conduct internal investigations, Maddocks said.
Tamburini said the department's Internal Affairs officer, Capt. David DeCesare,
is handling the investigation.
He said he expected the two officers to provide statements to investigators
today about where they were and what they were doing that night.
"Hopefully ... I'll have some information about whether or not there will be
charges," he said. "We will proceed accordingly based on the evidence. There
is a presumption of innocence here. It's the same standard that we use with
the general public."
Maddocks said he did not know why the officers -- or anyone -- might think
to make a prank call to 911.
Because the police must respond to all 911 calls, even 911 calls that are
terminated,
prank calls tie up emergency resources.
Maddocks said false 911 calls are illegal and are considered a misdemeanor.
Misdemeanors are generally punishable by a $1,000 fine or up to a year in jail,
he said.
"If it is determined that these officers are involved, pending the results
of the investigation, the department will certainly not tolerate that kind
of behavior and some type of disciplinary action will follow," Maddocks said.
========================
'Reckless' ex-Chandler cop shouldn't get job back, police witness says
Kevin Blocker
The Arizona Republic
Oct. 1, 2004 04:15 PM
A Chandler police detective said Friday that former officer Dan Lovelace "acted
recklessly" in the shooting of a prescription-drug fraud suspect and shouldn't
be given his job back.
Detective Ray Kieffer made the statement during the first of three scheduled
hearings in Lovelace's attempt to be reinstated to the Chandler Police
Department.
Two more hearings are scheduled for Oct. 24 and 25, and a decision on whether
to reinstate Lovelace probably won't be made until November, Chandler officials
say.
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The city fired Lovelace almost two years ago after he shot and killed Dawn
Rae Nelson of Ahwatukee Foothills while responding to a call of drug fraud
in progress at a Walgreens drive-through. A jury acquitted him three months
ago of murder and other charges in the shooting.
Kieffer was the first witness called by city attorney Kate Baker.
"I believe Officer Lovelace at the time acted recklessly," Kieffer told the
five-member review board.
Michael Napier, Lovelace's attorney, said Kieffer may have at some point felt
otherwise.
During cross-examination of Kieffer, Napier brought up a brief conversation
that Kieffer had with a female juror he recognized from Lovelace's trial days
after the verdict. Napier asked Kieffer if he remembered telling the woman
that jurors "made the right decision" in acquitting Lovelace.
Kieffer denied ever saying that.
"What I told her is that Dan Lovelace is a good man and I thanked her for her
time," Kieffer said.
During opening statements, Baker produced previously unreleased internal affairs
reports in which Lovelace expresses sorrow and admits he may have erred in
shooting Nelson.
The details of the Oct. 18, 2002, internal affairs interview were not presented
to the jury.
"I'm sorry. I'm so sorry. I screwed up the department, everyone," Lovelace
is quoted as saying in the report. "I messed up, I messed up. . . . I don't
know."
Baker urged the panel to uphold Lovelace's firing.
"He needs to move on," Baker said.
Napier suggested that Lovelace's response was coerced by the internal affairs
investigator.
"He (Lovelace) hadn't eaten, he hadn't slept, he was distraught," Napier said
of the interview, which occurred a week after the shooting.
Napier said the investigator badgered Lovelace about the account of two
witnesses
who told police they saw Lovelace fire his gun as he chased a fleeing Nelson
from behind.
Napier said the investigator asked Lovelace 15 times whether the witnesses
were accurate.
Fatigued, Lovelace finally capitulated, according to Napier.
"I just ran the wrong direction, I guess," Lovelace says in the report. "If
that's what they saw, then that's probably what happened."
Napier said the incident, which took about 14 seconds, occurred so fast that
no witness could give an accurate account of what happened.
"He had to save himself," Napier said. "A 2,000-pound automobile accelerated
in his direction."
Napier said Nelson's car hit Lovelace in the thigh, and his leg and uniform
showed that evidence.
========================
Bondsman, trooper are indicted in drug case
By MARK HICKS
The (Clarksville) Leaf-Chronicle
Other allegations involve alcohol, sexual battery
CLARKSVILLE, Tenn. - A state trooper from Clarksville who works at the state
Capitol and a local bondsman and nightclub owner both face drug-conspiracy
charges along with two other men, officials said yesterday.
Law enforcement officials said the arrests yesterday and Tuesday followed a
yearlong investigation by the Tennessee Bureau of Investigation and Clarksville
police.
Tennessee Highway Patrol Sgt. Reginald Bond Flagg, 40, who said his address
is 314 Atlantic Blvd., and S&S Bonding owner Thomas Reginald Sallee, 54, who
said his address is 1950 Dover Road, were each charged with conspiracy to
possess
more than 300 grams of crack between July 7, 2003, and last February, said
District Attorney General Tommy Thompson.
Flagg, who is assigned to security at the state Capitol, was charged Tuesday
night with two counts of conspiracy to possess cocaine and two counts of
official
misconduct. He was released from Montgomery County Jail on $50,000 bail.
Sallee, who also owns Sallee's nightclub on College Street, was charged
yesterday
with aggravated sexual battery; conspiracy to possess cocaine for resale; two
counts of conspiracy to deliver cocaine; receiving, possession and
transportation
of alcoholic beverages; transportation of untaxed alcohol; conspiracy to possess
untaxed alcohol; and possession of untaxed alcohol. Bail was set at $80,000.
Eric Renell Majors, 49, who said his address is 1125 Main St., was charged
Tuesday with two counts of cocaine possession. He was released from jail
yesterday
on $60,000 bail.
Michael Wayne Lunsford, 31, who gave a Pleasant View address, was charged
yesterday
with conspiracy to possess cocaine. Bail was set at $100,000.
Charges against all four were included in sealed indictments from a Montgomery
County grand jury.
TBI spokeswoman Jennifer Johnson said bureau agents conducted the investigation
in conjunction with Clarksville police.
No Clarksville police officials would comment on the investigation and
subsequent
arrests. Nor would any law enforcement officials disclose how the investigation
began. Thompson called it ''an ongoing investigation.''
Montgomery County District Attorney General John Carney said his office was
involved in the probe but could not prosecute the case because of its past
relationship with Flagg and Sallee.
Thompson, whose 15th Judicial District includes Wilson, Trousdale, Macon, Smith
and Jackson counties, was brought in as a special prosecutor.
''Certainly, it's major arrests. They're all alleged at this point to be
involved
in serious crimes,'' Thompson said.
''But what's more concerning to me is the status of the defendants. They are
part of the judicial system.''
Thompson would not elaborate on the connection among the suspects. He said
officials think they are friends and contend they were ''part of a similar
conspiracy.''
He said Sallee's aggravated sexual battery charge stemmed from a complaint
involving a girl under age 13.
The alcohol-related charges against Sallee evolved during the investigation
and center on a Feb. 2 discovery that large quantities of ''miniature'' bottles
of liquor from Kentucky were being sold at his nightclub, Thompson said.
The charges are not Sallee's only brush with the law. In 1988 he was charged
in the shooting death of a 23-year-old man at the nightclub. A jury acquitted
him on a second-degree murder charge.
Tennessee Department of Safety spokeswoman Beth Denton said Flagg has been
a trooper since August 1988.
''Sgt. Flagg has been recommended for termination'' by THP Col. Lynn Pitts,
''but I believe he has indicated he will resign,'' Denton said.
''If he does not quit, we will follow due-process proceedings to terminate
him,'' she added
Denton said the Department of Safety's internal affairs unit was aware of the
investigation and cooperated.
She said Flagg, who became a THP sergeant in September 2000, has been on
administrative
leave since Sept. 24.
========================
Cop Accused of Demanding Mom Turn Over Daughter
By Charles Perez
(Port Washington-WABC, September 24, 2004) - A Long Island traffic cop has
been arrested and accused of trying to lure a 13-year-old girl into a public
bathroom.
video Video: See the Story
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Police say the officer from North Hempstead threatened a mother with a parking
ticket unless she handed over her daughter.
Eyewitness News reporter Charles Perez is in the Port Washington with more.
According to police, on September 16th, 60-year-old Ronald Lucia, a parking
enforcement officer for the town of North Hempstead, told the victim she would
get a parking ticket unless she followed him. The victim, a Spanish-speaking
mom with two kids, did what the uniformed man told her to do.
Kevin Smith, Nassau County Police: "He was in an official-looking uniform in
a marked vehicle. She believed she was doing the right thing."
He led her to a park where, police say, he offered her a deal ...
Kevin Smith: "If she wanted to take care of the ticket, her 13-year-old daughter
would have to accompany him to a nearby restroom."
That is when police say the mom became hysterical. A passerby with a cell phone
came to her aid and called for help.
Following an investigation, Ronald Lucia was arrested and charged with coercion,
official misconduct and bribery.
Lucia's attorney says he didn't do it. He went on to say ",he is just a regular
hard-working blue-collar kind of a guy."
Now this blue-collar kind of a guy is now facing a $15,000 bail, which his
attorney says he will pay.
========================
Wednesday, September 29, 2004
Former Coralville cop loses appeal against city
By Mike McWilliams
Iowa City Press-Citizen
A former Coralville Police Department detective, who was fired in 1999 over
alleged misconduct stemming from a 1994 robbery investigation, lost his claim
against his former employer the Iowa Court of Appeals ruled Wednesday.
Britton Johnson sued the city of Coralville along with city officials including
police chief Barry Bedford and city administrator Kelly Hayworth. Johnson
claimed
he was wrongfully terminated and was unable to recover damages allegedly caused
by the city's decision to settle with Michael Constantino.
Constantino sued Johnson and the city of Coralville for tort damages allegedly
caused by Johnson's misconduct during a robbery investigation of the Bonanza
restaurant. It was one in a series of steakhouse robberies committed in eastern
Iowa and western Illinois between August 1994 and February 1995. Johnson worked
with other police departments to solve the case.
Allegations against Johnson included: denial of Constantino of access to an
attorney, threats and intimidation during interrogation and lying to internal
affairs investigators.
The city settled with Constantino in 1998 after his robbery acquittal in 1996.
The District Court dismissed Johnson's lawsuit against the city based on "public
policy" grounds. However, since Johnson did not raise that issue and in his
appeal and based it on another legal doctrine, the Appeals Court upheld the
lower court's decision.
"Because the doctrine was not raised
or considered by the trial court, we
will not consider it for the first time on appeal," the four-page ruling read.
"Because we have affirmed the trial court's judgment for reasons not challenged
on appeal, we need not consider any of the remaining issues."
========================
Grab traffic cop
BY LAURA WILLIAMS
DAILY NEWS STAFF WRITER
A Long Island traffic agent allegedly told a woman that he could make a summons
go away if she let her 13-year-old daughter go into a park bathroom with him,
police said.
The woman rejected the offer and called the cops, leading to the arrest of
Ronald Lucia.
Lucia, 60, pleaded not guilty yesterday to charges of bribery, unlawful
imprisonment,
coercion and official misconduct in Nassau Supreme Court. His bail was set
at $15,000.
Authorities say that Lucia approached a woman and her two daughters, aged 1
and 13, in a Roslyn train-station parking lot as they returned to their car,
Nassau County Police said.
"He convinces her he's going to give her a ticket, which he led her to believe
would be expensive," said Lt. Kevin Smith, a police spokesman. "But he said
he'll take care of it if she follows him."
Believing they were headed to a police station, she followed Lucia's official
North Hempstead code enforcement Jeep for about five miles to Roslyn Pond Park,
Smith said.
Lucia told her that she could get out of the ticket if she convinced her
13-year-old
to go into a park bathroom with him, Smith said.
"She refuses immediately and becomes very upset," Smith said. "Her 13-year-old
daughter overhears and becomes hysterical."
Before Lucia sped off, the 40-year-old woman wrote down his Jeep number, and
stopped a passerby with a cell phone to call 911. Sixth Precinct detectives
arrested Lucia Thursday.
Lucia, a Franklin Square resident and volunteer firefighter, has worked for
the Town of North Hempstead for 17 years.
"The allegations are false," said Lucia's lawyer, Bruce Barket. "He didn't
do this."
But it isn't the first time Lucia has gotten in trouble for allegedly preying
on children.
He's being sued for molesting a 6-year-old girl at a Franklin Square Fire
Department
pool party at his house four years ago. He and the girl were alone in the pool
when he molested her, said the girl's family's lawyer, Leo Barnes.
"This guy is a sexual predator," said Barnes, adding that the girl still has
nightmares about the attack.
That lawsuit, which also names the fire department, is pending in Nassau Supreme
Court, Barnes said.
Originally published on September 25, 2004
========================
Twice-arrested police chief quits
By: RICHARD EDWARDS Managing Editor
Source: The Daily Post-Athenian
10-06-2004
CALHOUN - Chris Nicholson, arrested twice within the past three weeks by the
Tennessee Bureau of Investigation, has resigned as Calhoun's police chief.
City Manager Joe Bryan announced Nicholson's resignation, effective Monday,
when the City Commission met Monday evening at the Calhoun Municipal Building.
In his resignation letter, Nicholson said his decision came "after much thought
and with a heavy heart."
Nicholson had been arrested by the TBI on Sept. 15, charged on a fugitive from
justice warrant stemming from a 1989 warrant for burglary from Pickens County,
Ga.
One week later, Nicholson was arrested again by the TBI and charged with perjury
in a Grand Jury indictment. According to TBI Special Agent in Charge Richard
Brogan, the indictment stemmed from "an alleged false affidavit" filed in
General
Sessions Court last December in an arrest of a Georgetown man on drug charges.
The case against the Georgetown man was later dismissed in General Sessions
Court, Brogan said.
Since Nicholson's arrests, Bryan had placed Nicholson on temporary suspension
and Calhoun officer Rob Berger had become the city's acting police chief.
In his letter of resignation, Nicholson apologized "for all the problems and
negative publicity" caused for the city, its citizens and the city government.
"I hope you all believe that I have never had any idea about the situation
in Georgia, and I would never knowingly try to conceal anything like that,"
he wrote. "It was as much a surprise to me as anyone, and as far as the recent
indictment by the TBI, I have never knowingly lied about anything, or attempted
to conceal the truth. I have greatly enjoyed my four years in Calhoun, and
serving the citizens of this fine town."
Nicholson added the city has "many outstanding, qualified officers serving
you," and said many of them do so for free, simply because they enjoy working
in Calhoun and serving the citizens.
"When I took over the Police Department, the only thing I said I wanted to
do was to leave it better than I found it," he stated in his letter. "I have
tried very hard to listen to the citizens and the city government, and to do
what was asked of us to the best of our ability. I will never apologize for
doing my job, and I have always tried to do it honestly, fairly and enforce
the law the same for everyone."
Nicholson's letter stated he was disappointed with what he termed the "lack
of support" the city government had given him during the ordeal.
He criticized the news media, especially The Daily Post-Athenian, which he
said has "printed false information about me, my background and things
pertaining
to this ordeal, and never shown any interest in finding out the actual truth."
Nicholson's letter concluded by saying he hoped "we can all move forward from
this, and I thank you for the opportunity to serve the community that I came
to love so much."
After Nicholson's letter was read, Bryan said he would meet with Berger and
Calhoun's other officers to work out a schedule to replace the 40-hour work
week that Nicholson worked.
Also discussed was the status of the town's drug dog and whether any of the
current officers would be able to continue to work with it.
Bryan said that would be another matter he would talk to the officers about
before a decision is made.
Mayor J.B. Arnwine said after the meeting he regretted the circumstances that
led to Nicholson's resignation but said he'd done an excellent job while he
was with the city in drug enforcement and in aligning the police department.
========================
Veteran Ogden officer resigns during probe
By Ashley Broughton
The Salt Lake Tribune
Weber County prosecutors and Ogden police are reportedly investigating
allegations
of an improper relationship between a former police sergeant and a female
parolee.
Sgt. Doug Lucero, an officer in Ogden for at least 12 years, retired last
week, Police Chief Jon Greiner said Tuesday.
"I don't know all of the whys," Greiner said. "I'm kind of up in the air
right now, too. There's a million rumors."
Weber County Attorney Mark DeCaria confirmed Lucero was under investigation
but would not comment further.
Lucero, who was a police spokesman, did not return a message left on his
cell phone.
Greiner said there was an "incident" involving Lucero earlier this month,
but said he was out of town at the time and Assistant Chief Randy Watt took
the call. Watt was out of town Tuesday.
An internal affairs investigation is under way, Greiner said, but the lead
investigator was out of the office Tuesday.
Adult Probation and Parole agents making a routine visit on Sept. 24 to
the parolee, who had served time on a drug conviction, apparently found Lucero
at her home, standing
Advertisement
in a darkened room.
Lucero came into the office last week and announced his retirement, saying
it would be best, Greiner said.
Under legislation passed in 2001, it is a crime for corrections or police
officers to engage in sexual relations, even if consensual, with convicted
criminals. It created the crime of "custodial sexual relations" and was aimed
at protecting female prison inmates from predatory guards. It also protects
parolees and probationers.
========================
Officer on leave over missing woman charged with stalking
October 4, 2004, 5:51 PM EDT
JAMESTOWN, N.Y. -- A city police officer who has been on leave since shortly
after the disappearance of a mother of four was arrested Monday on unrelated
stalking charges, police said.
Officer Michael Watson was released on $10,000 bail after being charged with
stalking, harassment and official misconduct.
The nine misdemeanor counts are not related to the investigation into the
whereabouts
of Yolanda Bindics, 25, who disappeared after leaving work Aug. 10, police
said.
Watson was placed on administrative leave less than a week after Bindics went
missing after it was revealed he was an acquaintance of the woman.
Police released no details on the stalking charges.
========================
Dolan fires police sergeant
By Dan Mac Alpine/ Melrose@
Cnc.Com
Thursday, September 23, 2004
Mayor Rob Dolan has fired a 16-year veteran of the Melrose Police Department,
Sgt. Richard Kendall, primarily for participating in a stakeout and arrest
without permission of his superior officer.
A review of city records shows Kendall has been suspended twice before
in his career.
Police Chief Rick Morrissey recommended the termination to Dolan.
The Superior Officer's Association is grieving Dolan's decision and the
issue could end up with an arbitrator from American Arbitration Association.
If the case were to go to arbitration, the arbitrator could uphold the
termination,
offer an alternative punishment or eliminate the punishment entirely and
reinstate
Kendall at his rank, with back pay.
"We believe Sgt. Kendall was wrongly terminated," said Detective Sgt.
Barry Campbell, president of the Superior Officer's Association.
Campbell declined any further comment and also declined comment for
Kendall,
who joined the force in 1988 and earned the rank of sergeant in March of 1996.
Dolan said his decision to terminate Kendall was the result of a long-term
pattern of misconduct Kendall has exhibited during his career, and was necessary
to protect Melrose citizens and other police officers.
This is the first such termination in Melrose any official associated
with the case can remember.
In rendering his decision to terminate Kendall following a six-hour hearing
on Aug. 11, Dolan noted two specific violations in his written statement:
# "Sgt. Kendall's police report is inconsistent with the facts as
documented
by dispatch recordings and police department reports";
# Dolan also found, "Kendall was involved in an investigation, stakeout and
arrest without prior knowledge or consent of the officer in charge."
Neither the city nor the union would release details of the specific
operation
in which Kendall participated.
City records show Kendall was suspended in April of 1994 and again in
June of 2002.
The 1994 suspension was for conduct unbecoming an officer and for violating
general order number 42, which required any police officer leaving the city
to "first advise the officer in charge who will then evaluate the situation."
Frank A. Fiandaca was chief at the time.
The 2002 suspension was for conduct unbecoming a police officer and for
filing a false report to the chief, then Rick Smith.
The 2002 suspension was for six months without pay, reduced to 56 days,
in exchange for a pledge that for two years after the suspension "there would
be no further misconduct similar or related to the reasons for the current
suspension" and for one-year period upon returning to duty, Kendall would be
taken off patrol duty and assigned duty as "deemed appropriate by the chief."
"First and foremost, I have to make these moves in defense of those men
and women who are exceptional police and fire fighters," said Dolan. "We have
to hold these people accountable. This is an extreme punishment for a series
of incidents of abuse."
========================
Watson Accused of Harassing and Stalking Women
(Jamestown, NY, October 5, 2004) - - He's a person of interest in the
disappearance
of a missing mother of four. And now, a Jamestown police officer is facing
several charges, including stalking. News 4's Barbara Pinson has the latest.
Jamestown Police Officer Michael Watson is accused of harassing and stalking
a number of women. Crystal Butera says she's one of them.
Former Jamestown Police Dept. employee Crystal Butera: "He would follow me,
he would call me on my cell phone - asked me where I was and he would be right
outside the residence that I was at."
Butera worked with Watson at the police department, but says she never reported
any problems because she thought things would only get worse.
She was later fired for an undisclosed reason. And now Officer Watson has been
suspended from the department without pay after an internal investigation.
Jamestown Police Chief William MacLaughlin: "The officers of the Jamestown
Police Department are entrusted with the duty to perform to the highest
standards
of professionalism, professional conduct and tenants of their oath of office
at all times. Michael Watson violated those standards through his conduct."
Monday, Watson was arrested and arraigned on one count of official misconduct,
two counts of stalking, two counts of harassment and four counts of aggravated
harassment.
He also became a person of interest in the disappearance of Yolanda Bindics
after it came to light that he had a relationship with her he tried to hide.
But officials say one topic has nothing to do with the other.
"The investigation in the relationship between Watson and Bindics is continuing
by the FBI and is unrelated to these criminal and civil service charges that
resulted from our independent and internal investigation."
But Yolanda's family thinks these stalking and harassment charges strengthen
their suspicions.
Yolanda's mother Patricia Bindics: "We wonder if he has abducted her in some
way we don't know how far it's gone. We don't know if it's really harmful or
where he has taken her."
Yolanda Bindics has been missing for seven weeks.
As for Officer Watson and the unrelated misdemeanor charges, he's free on 10,000
dollars bail pending a hearing.
========================
Alsip cop cries corruption
Wednesday, September 29, 2004
By Chris Hack
Staff writerA veteran Alsip police officer testified in federal court Tuesday
his investigations into vice and possible corruption in town were squelched
by Mayor Arnold Andrews and police department bosses who later tried to have
him unfairly fired.
Officer James McGreal first sued Andrews, Police Chief David Snooks and several
others more than six years ago. The suit was initially tossed out, but a federal
appeals court earlier this year ordered it reinstated after concluding "a full
review of the facts casts a pall of suspicion on the village of Alsip."
"To hear officer James McGreal tell the story," the 7th Circuit U.S. Court
of Appeals panel wrote in May, "something is rotten in the village of Alsip."
McGreal claimed that after twice trying to initiate a probe into illegal
gambling
and also after alleging a cover-up of a drug trafficker's investment in a
notorious
village nightclub, he was targeted by department brass and dragged through
a grueling administrative process meant to oust him from the job he's held
since 1983. The "icing on the cake," McGreal testified during the trial's first
day, was that village officials ensured the results of a sensitive psychological
examination of him was leaked to his colleagues.
Village lawyers insist McGreal - who narrowly lost a bid to oust Andrews in
the 1997 mayoral election - has a long history of making reckless claims against
officials to further his own political career.
McGreal testified that in 1995 he uncovered evidence of after-hours, illegal
gambling on video poker machines in the village's Elks Lodge while on routine
patrol. After filing a report on his suspicions, he was told by then-Chief
David Woods the allegations would be investigated.
"There are rules saying we have to act when we come across criminal activity,"
McGreal said. "I merely wanted a gambling investigation - I had to bring it
to their attention."
But during a visit to the lodge nearly two years later, McGreal again noticed
a horde of people forming lines for seats at the video poker machines, which
are supposed to be used only for amusement.
"At that point," McGreal said, "I kind of questioned why it was still going
on."
He filed yet another report on the discovery - and this time in an internal
department memo passed on a rumor he'd heard that Andrews was taking money
under the table in exchange for ensuring the gambling continued unfettered.
McGreal said he was chastised for putting the allegations in writing and that
as far as he knew Alsip police never followed up on the second gambling tip.
Court records show that Andrews signed a village ordinance shortly after
McGreal's
first discovery that allowed the lodge to operate more video poker machines,
and then later accepted a campaign contribution from the company that
manufactures
the machines. Cook County sheriff's police eventually shut down an illegal
video poker operation at the Elks Lodge; Andrews was never charged with
wrongdoing
in the incident.
McGreal also has claimed in the mid-1990s police brass tried to cover up
evidence
that a bar, the Copacabana, frequented at that point by Andrews, was partially
owned by a convicted felon, a violation of local and state liquor-control laws.
McGreal said his own police reports on the matter - as well as a report from
the Illinois attorney general's office showing a pilot convicted of trafficking
marijuana had bought a $100,000 stake in the nightclub - were doctored and
hidden by his superiors.
"The police administration was looking the other way," he said.
In November 1997, village attorneys and police officials ordered McGreal to
submit to a series of internal interrogations on allegations of official
misconduct
related largely to the probes he started. Eventually, he was told to submit
to a lengthy psychological examination - and ordered to sign a waiver of
confidentiality
or risk charges of insubordination.
McGreal said a report on the examination - which touched on "very personal
subjects," including information about his relationship with his wife and
children
- was given to several police officials, a police union leader and possibly
other officers.
"It made me feel terrible - violated," McGreal said of the report's release.
"It was unnecessary."
Although the report found that McGreal perhaps suffered from narcissism, it
did not conclude he was unfit for police duty. But he was placed on indefinite
sick leave after refusing to submit to another round of psychological testing.
Four months later he was returned to work after a favorable ruling from the
village's police and fire commission. McGreal filed the federal lawsuit to
recover his lost sick days and to collect an estimated $500,000 in pay and
retirement benefits he won't receive for never being promoted to sergeant after
two decades on the force. He's also demanded damages for "emotional distress"
inflicted by the near-firing episode.
"I did my best to laugh it off - but it was still very painful," McGreal said.
"My only redress was to sue these guys."
========================
Boynton chief wants officer fired in hitting case
By Dani Davies
Palm Beach Post Staff Writer
Tuesday, October 05, 2004
BOYNTON BEACH Ñ - The police chief recommended Monday that a veteran officer
be fired for striking a compliant, handcuffed man in the abdomen, allegedly
to stop him from swallowing rocks of crack cocaine.
Sgt. David Leal told internal affairs investigators he believed a suspect in
a Feb. 20 traffic stop was trying to swallow the rocks to destroy evidence.
But he also said he never saw the drug in the suspect's mouth.
The incident started at 2:47 a.m., when Leal noticed Dale Scott Whisman sitting
in his idling car in front of Robinson's restaurant, which was closed, according
to an internal affairs report released Monday.
Whisman later told investigators he was "just looking for drugs" that night,
so he waved down a drug dealer he called "Tony" who got into the car. As they
drove east on Martin Luther King Jr. Boulevard, Leal pulled them over. Whisman
hid three or four pieces of crack he had just bought under his upper lip, he
said.
Once Whisman was handcuffed, Leal, who has worked for the department since
1990, noticed Whisman chewing something and ordered him to spit it out. Officer
John Dunlop put his hands on Whisman's chin and forehead to force open his
mouth.
Leal delivered three blows with his hand and one kick to Whisman's abdomen,
according to the report.
The officers looked into his mouth with a flashlight, but "Mr. Whisman said
that he had been able to successfully swallow the cocaine before the officers
looked into his mouth," according to the report.
Whisman was charged with possession of drug paraphernalia and cocaine after
an officer found a crack rock on the floorboard of his car. "Tony" was not
charged.
The Florida Department of Law Enforcement investigated the incident, which
was captured by a camcorder mounted in a patrol car. The video shows Leal
striking
Whisman three times in about three seconds with a "bladed hand strike," his
elbow and fist, according to the FDLE report. The kick is not seen on the video.
FDLE investigators decided in May not to file criminal charges against Leal
because Whisman did not wish to prosecute. He told investigators both he and
Leal "made mistakes" that night.
Leal testified that he thought Whisman put crack rocks into his mouth because
he saw his hand at his mouth. The sergeant added that he never actually saw
the cocaine.
Because it was unclear whether Whisman was destroying evidence and because
the handcuffed man posed no threat to officers, the internal affairs
investigators
determined that Leal should not have hit him.
They concluded in their report that Leal made a series of mistakes: He didn't
take Whisman to the hospital even after suspecting he had eaten cocaine, he
didn't use his microphone pack to record audio during the traffic stop, he
failed to give his use-of-force report to his immediate supervisor and he lied
about the details of the arrest.
"This is a classic case of what can happen if you don't follow guidelines,"
said Chief Marshall Gage, who recommended Leal's termination to the city
manager.
Leal may schedule a hearing at which he can present his defense.
Gage had referred the case to the FBI because of possible civil rights
violations,
but the agency declined to investigate.
Leal has been disciplined for policy violations at least 11 times since 1990,
according to department records.
The violations include a February 1991 off-duty car crash, after which Leal
was charged with DUI and suspended for 10 days. A judge suspended Leal's driver
license for six months, sentenced him to a year of probation and ordered him
to attend 90 Alcoholics Anonymous meetings. Leal also had to pay a fine and
restitution to his victims.
========================
Two more officers charged in Newark police corruption case
By STEVE STRUNSKY
Associated Press Writer
October 1, 2004, 2:50 PM EDT
NEWARK, N.J. -- In a broadening police corruption investigation, two Newark
officers have been indicted on charges they shook down drug dealers for
thousands
of dollars between late 2002 and April 2004, Attorney General Peter C. Harvey
announced Friday.
Officers Darius "Red" Smith, 33, and Lawrence Furlow, 43, both of Newark, were
charged with conspiracy, official misconduct, theft, tampering with official
documents and related offenses.
Furlow was arrested and taken into custody Friday and was scheduled for an
initial appearance Friday afternoon in Superior Court in Newark. Smith was
being sought, Harvey said.
Both officers, who were part of the city's patrol division, have been suspended,
said Lt. Derrick Glenn, a Newark police spokesman.
Friday's announcement followed an indictment Wednesday of Newark Officer Brandy
Johnson, 28, also on charges of conspiracy and official misconduct, as well
as charges that she sold cocaine. She is free on $25,000 bail after pleading
not guilty
Officials said they were investigating whether the cocaine Johnson was accused
of selling had come from dealers who were shaken down.
The investigation has already resulted in one guilty plea. A former officer,
Tyrone Dudley, 37, of Newark, admitted on Sept. 23 that he conspired to commit
official misconduct. Harvey said Dudley is cooperating in the ongoing
investigation.
Typically, the victims were suspected drug dealers, but some were simply
residents
of public housing, Harvey said.
Officers planted drugs on their victims and would then arrest them and take
their cash, he said. The officers also stole drugs and weapons, he said.
Some cases involving arrests by the officers charged in the scandal might have
to be dropped, Harvey said.
"We are evaluating those cases," Harvey said. "Just because they've been caught
planting evidence in some cases doesn't mean they did it across the board."
Police Director Anthony Ambrose said the scandal has spurred reforms at Newark's
1,900-member department, New Jersey's largest municipal police force. For
example,
Ambrose said, a supervisor must now ask a defendant how much money he or she
had when arrested and compare that figure to what was reported by the arresting
officer.
The overwhelming majority of Newark police were honest, Ambrose said.
"I will not allow the officers of this department to go out and break the law,"
he said.
========================
ACLU head says Patrol officers harassed him
The Associated Press
The head of the Nebraska chapter of the American Civil Liberties Union has
filed a complaint against the State Patrol, saying he was harassed by two patrol
lieutenants.
Tim Butz says in the complaint filed Wednesday that the officers harassed him
after the screening in North Platte of the documentary film "Unconstitutional:
The War on Our Civil Liberties." The film is critical of the Patriot Act, a
package of prosecution and surveillance tools passed shortly after the Sept.
11, 2001, terrorist attacks. The act has been criticized by some as infringing
on individuals' constitutional rights.
Butz says the lieutenants told him he shouldn't come to small towns to scare
people and stir them up. Butz and the officers were among about 75 people who
attended the film's screening at Mid-Plains Community College on Sept. 22.
State Patrol Lt. Norb Liebig, who was named in the complaint, declined to
comment
while the internal investigation is pending. A second state trooper was named
in the complaint, but Butz said late Friday that he may have been mistaken
about the officer's identity.
Butz said in the complaint that the other trooper identified himself as an
FBI agent after a question-and-answer session Butz led after the screening.
Patrol spokeswoman Deb Collins said the complaint had been referred to its
internal affairs division for investigation. She declined to comment further.
Liebig said he would not comment while the investigation was pending.
Butz said in the complaint that he thought the troopers were making thinly
veiled threats intended to coerce or intimidate him from exercising his rights
to freedom of speech.
Butz said that Liebig "said that I had lied and that I 'shouldn't come out
to these small towns and scare people and stir things up.'"
Butz asked the patrol commander, Col. Tom Nesbitt, to investigate and explain
why the other trooper identified himself as an FBI agent when he actually was
a State Patrol officer.
"Police officers takes oaths to uphold the Constitution. Stifling free speech
is contrary to that oath and is disgraceful," Butz said Friday. "They are
supposed
to be the State Patrol, not the thought police."
Robert Greenwald, the executive producer of "Unconstitutional," said he was
shocked by the allegations in Nebraska.
Greenwald said the officers should "probably sit and watch the movie four or
five times so they understand better what civil liberties mean and what they
should and should not be doing."
Greenwald also directed recent documentaries "Uncovered: The War on Iraq" and
"Outfoxed: Rupert Murdoch's War on Journalism."
"Unconstitutional" is being shown in select theaters across the country and
at screenings organized by the ACLU and others.
========================
Friday, October 1, 2004
Court rules against ex-Coralville detective
By Iowa City Press-Citizen
A former Coralville Police Department detective, who was fired in 1999 over
alleged misconduct stemming from a 1994 robbery investigation, lost his claim
against his former employer, the Iowa Court of Appeals ruled Wednesday.
Britton Johnson sued the city of Coralville along with city officials including
police chief Barry Bedford and city administrator Kelly Hayworth. Johnson
claimed
he was wrongfully terminated and was unable to recover damages allegedly caused
by the city's decision to settle with Michael Constantino.
Constantino sued Johnson and the city of Coralville for tort damages allegedly
caused by Johnson's misconduct during an investigation of a robbery at the
Bonanza restaurant.
Allegations against Johnson included: denial to Constantino of access to an
attorney, threats and intimidation during interrogation and lying to internal
affairs investigators.
The city settled with Constantino in 1998 after his robbery acquittal in 1996.
The District Court dismissed Johnson's lawsuit against the city based on "public
policy" grounds. However, since Johnson did not raise that issue in his appeal
and based it on another legal doctrine, the Appeals Court upheld the lower
court's decision.
"Because the doctrine was not raised ... or considered by the trial court,
we will not consider it for the first time on appeal," the four-page ruling
read.
"Because we have affirmed the trial court's judgment for reasons not challenged
on appeal, we need not consider any of the remaining issues."
========================
Former Officer Faces Drug Charges In Evidence Theft
POSTED: 5:38 pm EDT October 8, 2004
UPDATED: 5:41 pm EDT October 8, 2004
SANFORD, N.C. -- A former police officer has been arrested on charges that
he stole marijuana from the Sanford Police Department's evidence room.
James Ed Gregory, 37, is charged with felony larceny, possession of marijuana
and possession with intent to sell and deliver marijuana after Harnett County
drug agents discovered that about two pounds of marijuana had been taken from
the Sanford police evidence room.
Sanford Police Chief Ronnie Yarborough said the marijuana, which was "no longer
evidence in any court case and was waiting to be destroyed," was estimated
to be worth about $2,000.
The offense is alleged to have taken place on March 1, when Gregory was assigned
to the Sanford-Lee County Drug Unit.
Gregory was hired by the Sanford Police Department in March 1990 as a full-time
officer. He left in March 2000 to join the Lee County Probation Department,
although he stayed with the Sanford police on reserve status and worked with
the city-county drug unit. In August, he returned to full-time status with
the department as a uniform patrol officer.
Capt. Kevin Gray, of Sanford's internal affairs division, said Gregory is no
longer employed with the city. He wouldn't say when Gregory was released.
========================
Scandals mounting for police in Newark
Monday, September 27, 2004
BY GUY STERLING
Star-Ledger Staff
A Newark police officer's courtroom admission last week that he and five
colleagues
shook down drug dealers for hundreds, if not thousands, of dollars for almost
two years has left community activists and police brass concerned about the
department's image and ability to do its job.
But as troubling as the allegations Tyrone Dudley made in Superior Court in
Trenton on Thursday may be, the case is only one of several legal headaches
the Newark Police Department is experiencing.
In addition to the case involving Dudley:
# The state Division of Criminal Justice is investigating whether one or more
Newark police officers is connected to the fatal shooting of a Nutley man near
a club on Bloomfield Avenue two years ago.
# The division also is checking whether a female officer may have protected
a drug dealer who was her boyfriend.
# On Friday, a federal judge in Newark castigated the department's handling
of a reputed drug dealer in jail on narcotics charges and set the man free,
saying his constitutional rights were severely abused when he was arrested
in 2002.
The cases have left Newark Police Director Anthony Ambrose, who took over the
department's top job in April, disappointed but vowing to clean up the mess.
"It's a shame for the citizens and for the police officers who come to work
every day to do an honest job, but we're not going to sit back and tolerate
it," he said.
The department will analyze everything from the way it recruits officers to
how complaints against police are handled, Ambrose promised. Just within the
past couple of weeks, he said, he and Police Chief Irving Bradley have beefed
up the internal affairs and professional standards units.
Ambrose said Newark police "need to pull together the rank- and-file and move
forward. We need to look at how this occurred and come up with reforms."
On Friday, Ambrose asked Essex County Prosecutor Paula Dow to investigate claims
that accused drug dealer David Santos was mistreated by the department's
anti-theft
task force when he was taken into custody two years ago.
Michael Wagers, director of the Police Institute at Rutgers University in
Newark,
said officials are wise to seek outside help in such instances because "it
instills confidence that their investigations are aboveboard."
Wagers said the current probes do not indicate any systemic problem with the
department, and that all organizations have bad apples that need to be rooted
out. In fact, he gave the department high marks for getting officers into
visible
crime- fighting positions, saying it has built up a reservoir of goodwill with
the community.
When law enforcement agencies have troubles similar to the ones in Newark,
they often come in bunches and are offset by long stretches with no major
problems,
Wagers added.
Jack McEntee, president of Lodge 12 of the Fraternal Order of Police, the union
local that represents most Newark police officers, said it has been a quarter-
century since the last major scandal involving a group of officers.
John Hagerty, a Criminal Justice spokesman, said the Newark police
investigations
have focused on fewer than a dozen cops operating individually. The division
has welcomed the cooperation of Newark internal affairs officers, he said,
though state investigators also developed information on their own.
McEntee also cautioned against allowing the actions of a few to tarnish the
reputation of the 1,900-member department.
In pleading guilty to official misconduct, theft and other charges, Dudley,
37, implicated five other officers who have been reassigned and also are
subjects
of internal investigations.
Lawrence Hamm, chairman of the People's Organization for Progress, an Essex
County-based activist organization, called Dudley's behavior unfortunate because
it will "diminish the stature of the police in the eyes of the community."
He said police departments can minimize misconduct by upgrading education and
sensitivity training programs, and he had no doubt that the creation of civilian
police review boards also would help keep abusive cops in check.
Illegal activity by police also can haunt law enforcement when criminal cases
are tried, because potential jurors may develop a bias when they read about
officers breaking the law, said Sebastian Bio, a defense attorney who regularly
handles cases in Superior Court in Newark.
"As a result of these latest allegations, jurors may decide not to give an
officer on the stand the benefit of the doubt if a discrepancy arises in the
testimony," he said. "You try to weed that out in jury selection, but it's
not always possible."
========================
k-mart update et
Sept. 28, 2004, 11:19PM
Fired policeman says he was betrayed in raid
Former captain asks arbitrator for his job back 2 years after Kmart arrests
By PEGGY O'HARE
Copyright 2004 Houston Chronicle
During emotional and sometimes angry testimony Tuesday, former Houston Police
Department Capt. Mark Aguirre claimed he was wrongfully fired and was betrayed
by his co-workers.
ADVERTISEMENT
During a hearing before an independent arbitrator, Aguirre said he wants his
job back and the pay he has lost since he was fired almost two years ago for
his handling of Operation ERACER, a controversial raid at a west Houston Kmart
parking lot that became a legal fiasco for the city.
"Sir, you can't put me back together - I know that," he told the hearing
examiner.
"You have no idea what's happened to me, how I was betrayed by my co-workers
and my Police Department. ... They destroyed me financially. They destroyed
me reputationwise. You can't give me my reputation back. But I want that back
pay, at the very least. ... I want my job back, and I want to be given some
measure of dignity."
An attorney for the city, calling Aguirre the "mastermind" of the raid, claimed
the fired police captain has no recourse.
Aguirre, 47, said he did nothing wrong and violated no rules or department
policies when he embarked on the sweep, designed to crack down on racing
enthusiasts
and spectators clogging west Houston parking lots. Aguirre also said HPD's
administration had approved plans for the operation, but scapegoated officers
when the controversy became a political firestorm.
The August 2002 sweep in the 8400 block of Westheimer yielded 278 arrests,
mostly for trespassing and curfew violations, none related to racing. A smaller
raid the night before led to 25 arrests outside a nearby restaurant. All charges
were dropped after HPD was deluged with complaints and lawsuits.
Aguirre speculated Tuesday that former Mayor Lee Brown directed all charges
be dropped to protect former Police Chief C.O. Bradford, who publicly disavowed
knowledge of the raid. When pressed, Aguirre could not provide proof, saying
only, "That's my gut feeling."
A call to Bradford's home Tuesday night was not immediately returned, and Brown
could not be reached for comment.
The controversy prompted the largest internal affairs investigation in HPD's
history and later resulted in disciplinary action against 32 officers and staff
members. A jury acquitted Aguirre of five counts of official oppression.
Aguirre said officers secured affidavits from business owners and posted "no
trespassing" signs before sweeping the parking lot. "I don't say we had a
perfect
operation by any stretch of the imagination, but considering what we
encountered,
we did remarkable," he said.
Testimony will resume at 9:30 a.m. today, and city officials have indicated
Executive Assistant Chief Chuck McClelland may be called to testify.
Arbitrators usually have about 30 days to make a ruling, but the examiner
presiding
over Aguirre's case indicated he will probably take longer because of the number
of records involved.
========================
Fla. Sergeant Videotaped Punching Man In Cuffs May Be Fired
POSTED: 7:18 am EDT October 5, 2004
UPDATED: 11:23 pm EDT October 5, 2004
BOYNTON BEACH, Fla. -- A police sergeant videotaped punching and kicking a
handcuffed man in February should be fired, his chief says.
Sgt. David F. Leal, 41, has been on paid administrative leave during the
investigation.
The man who was beaten, Dale S. Whisman, refused to press charges for what
officials are calling excessive force, documents show.
The FBI investigated possible civil rights violations and the State Attorney's
office investigated it as a battery case, but both declined to file charges.
The videotape was made public Monday.
Leal, a 14-year veteran, is seen on police videotape Feb. 20 hitting Whisman
three times in his stomach. He also kicked the 41-year-old Whisman once in
the stomach, according to Leal's report. He told internal affairs investigators
he hit Whisman because he was trying to get him to spit out suspected crack
cocaine.
In declining to prosecute, Whisman told investigators both he and Leal "made
mistakes," according to records checked by the South Florida Sun-Sentinel.
In a memo to City Manager Kurt Bressner, Chief Marshall Gage recommended that
Leal be fired. Bressner has the final decision.
"We will not support a fellow officer for such wrongdoing," Gage said.
Calls to Leal's attorney, Lawrence K. Fagan, were not returned.
Although Leal told investigators he believed his actions were justified and
legal, he expressed regret, documents show.
========================
Cop Charged With Rape
Woman Filed Civil Rights Violation Lawsuit After Alleged Rape
POSTED: 8:52 am PDT October 1, 2004
UPDATED: 11:03 am PDT October 1, 2004
CHICAGO --
A Cook County judge on Thursday set bond at $275,000 for a police officer
charged
with sexual assault and official misconduct.
Chicago Police Gresham District Sgt. John Herman was charged Thursday morning
of aggravated criminal sexual assault and official misconduct filed in
connection
with an alleged March 10, 2004, sexual assault, according to Cook County state's
attorney's office spokesman Tom Stanton. As a condition of the bond, Herman
was ordered to surrender his service weapons to the Chicago Police Department.
http://www.nbc4.tv/slideshow/news/3775270/detail.html
========================
Former co-worker sues police
Trial is scheduled Oct. 18 in woman's lawsuit.
By Doug Hoagland
The Fresno Bee
(Updated Sunday, October 3, 2004, 6:15 AM)
A female ex-employee of the Fresno Police Department is suing the city and
two male supervisors over charges of discrimination, harassment and retaliation.
A trial in Fresno County Superior Court is scheduled for Oct. 18.
Dianna Liles-Driver says in her lawsuit she was treated unfairly because she
is a woman and because she filed a successful internal affairs complaint against
the two men -- Mack McLaughlin and Scott West. None of the three is an officer.
The lawsuit says Liles-Driver twice filed internal affairs complaints. In
November
1999 she charged that McLaughlin and West created a hostile work environment
and harassed her. In June 2000 she said unsafe working conditions existed.
The city sustained both complaints, according to the lawsuit. A sustained
complaint
means "all or part of the allegation is true," said Sgt. Gregg Sanders, a police
spokesman. He said he could not comment about the complaints.
Liles-Driver says the harassment and retaliation included denying merit pay
increases, extending her evaluation periods and ordering her not to talk to
co-workers. Private attorney James Betts is representing the city and the two
men. "We believe the charges are unsupported," he said Friday. Said West: "I
can't talk about it. I can't discuss it until after the trial." McLaughlin
could not be reached to comment.
Court documents describe McLaughlin as the Police Department's technical bureau
manager, West as a supervisor and Liles-Driver as an identification technician.
At one point, according to the lawsuit, Liles-Driver was temporarily transferred
from her job to other positions.
She says she was told if she did not accept a permanent transfer and agree
not to sue the city and the two men, she would be fired.
She refused, according to the lawsuit, was reassigned to her job in the
technical
services bureau, but was ordered not to talk to co-workers and "co-workers
were ordered not to talk to her, to shun her and to avoid her."
Robert J. Rosati, a Fresno attorney representing Liles-Driver, declined to
comment because he said it is unethical and could influence a jury. Liles-Driver
could not be reached for comment. She filed the lawsuit in February 2003.
Liles-Driver also alleges in her lawsuit that the city, McLaughlin and Scott
knew she had a herniated disc in her neck and failed to accommodate her physical
disability. Attorney Rosati said Liles-Driver no longer works for the department
and was "medically terminated." She was hired by the city in October 1994.
Attorneys for the two sides are scheduled to be in court Tuesday for a
settlement
conference. Such conferences are viewed as a chance to settle a case before
going to trial.
The reporter can be reached at dhoagland@
fresnobee.com or (559) 441-6354
========================
(no subject)
Springfield cop who shot self resigns, is fined
Newsday, NY - Sep 21, 2004
ELIZABETH, NJ -- A Springfield police officer has admitted he faked his own
... LaFragola, 39, pleaded guilty in state Superior Court to official
misconduct.
...
========================
Police officer fired for allegedly fleeing accident
Thursday, October 07, 2004
MONROE - A veteran Monroe police officer has been fired on violation of police
policy after allegedly crashing a friend's truck last month in Trenton and
leaving the scene.
Janice Carder was terminated from the force on Oct. 1 by Monroe City Manager
Bill Brock. He upheld the termination recommendation from Monroe Police Chief
Greg Homer. The Trenton resident, who was hired as a part-time officer by Monroe
in 1996 and became a full-time officer in May 1997, was fired for conduct
unbecoming
a police officer, insubordination and violation of ethics of public employment.
The violations stem from incidents on Sept. 3, according to Homer. Carder was
driving her fiance's truck at about 1:35 a.m. when it went off the left side
of East State Street and hit a street sign, then struck a utility pole in front
of 415 E. State, according to a Trenton police report.
A witness who heard the crash and looked out a window told Trenton police the
driver of the 1999 Chevy grabbed her purse and at first walked to the back
of the truck, according to a report. By the time the witness got downstairs
and out the door, the driver had fled the scene, the report said.
The heavily damaged truck was registered to Carder's fiance, Mike Williams.
Williams is a state trooper at the Hamilton post of the Ohio Highway Patrol.
Trenton police and Butler County Sheriff's deputies checked two residences
in Trenton looking for Carder shortly after the crash but could not locate
her, according to police reports. Williams said Carder was not at their house
on Page Avenue, police said. Carder called the Trenton police station the next
day and turned herself in to police.
According to a supplemental report from Trenton Lt. Tim Traud, Carder "was
driving (Williams') truck and was reaching over to the passenger side to get
her cell phone. She stated that her left foot (the foot with a broken toe
wearing
a medical shoe) got caught in the accelerator pedal and she swerved off the
side of the road, striking a sign and a pole. She then advised she got scared
and ran to a friend's house on Third Street."
She was on medical leave from the Monroe Police Department, according to Homer.
Carder, was cited for fleeing the scene of a accident and failure to maintain
reasonable control. She was scheduled to appear in Trenton Mayor's Court, but
requested the case be transferred to Middletown Municipal Court. The case is
scheduled for disposition in the Middletown court on Oct. 22.
Homer said he met with Carder about the events surrounding the crash and she
also told him that she left the scene of the crash because she "got scared."
He said she also noted that the Trenton officer working that night "had it
in for her."
The chief said he had talked with Carder in the August about a situation in
Trenton involving the police department and her family members. Homer advised
her at that time not to become involved in Trenton police situations involving
her family members, but also on Sept. 3, a few hours before the crash, Carder
had a verbal altercation with a Trenton officer that stemmed from a family
dispute, according to Homer and Trenton police reports.
Homer said leaving the scene of the crash constitutes conduct unbecoming an
officer and the altercation with the Trenton officer after being warned against
such activity is insubordination.
He said he recommended Carder's termination "because the law she broke and
the way she broke it."
"Leaving the scene of an accident is a sign of dishonesty and a violation of
ethics for a police officer. Honesty and ethics are very important to carry
out the duties of a police officer," Homer said.
The chief said Carder's explanation for leaving the crash site was that she
got scared.
"Whether she was on duty or not she uses the same instincts. And she said she
got scared and ran away. I wouldn't want someone who panicked backing up other
officers," Homer said.
In a letter sent to Carder advising her of her termination, Brock said "I had
an opportunity to hear your explanation of the incidents that led the chief
to recommend your termination. Even if the facts are as you purport them to
be, I must terminate you for the reasons set forth by the chief because your
conduct is unacceptable. "This conduct includes, but is not limited to, your
admission that you crashed the truck and left the scene with a portion of the
truck remaining in the roadway, and your admission that you directed at least
one derogatory statement to a Trenton police officer. In fact, your conduct
warrants termination even if you had not been insubordinate. Nevertheless,
I do not find you to be a credible witness and do not believe the facts to
be as you purported," Brock said in the letter.
Carder was suspended for three days in 2001 by former Chief Ernest Howard for
misuse of sick time and also brought a sexual harassment complaint against
the city in 1999, according to the personnel record.
Carder said Thursday that she could not comment under the advice of her attorney
until "these matters are resolved."
========================
By: BEN BENTON Staff Writer
Source: The Daily Post-Athenian
09-24-2004
Calhoun Police Chief Christopher Nicholson was arrested again Wednesday by
agents with the Tennessee Bureau of Investigation on a Grand Jury indictment
charging him with perjury.
Nicholson just made bond last Thursday on Georgia warrants charging him with
burglary after TBI agents took him into custody on a 15-year-old allegation
arising from an alleged 1989 break-in in Pickens County, Ga.
TBI Special Agent In-Charge Richard Brogan said in an interview Wednesday
afternoon
the Grand Jury indictment stems from "an alleged false affidavit he filed with
General Sessions Court Dec. 23, 2003, involving the arrest of Jason D. James."
James, 30, of Georgetown, was charged in December 2003 with possession of
Schedule
II methamphetamine for resale, possession of drug paraphernalia and possession
of Schedule IV drugs, during an operation conducted by the Calhoun Police
Department.
"That case was later dismissed in General Sessions Court," Brogan said.
TBI Special Agent David Guy met Nicholson at the McMinn County Justice Center
at 2 p.m. Wednesday to serve the indictment and book him on the charge.
Nicholson, 36, of P.O. Box 386, Englewood, posted a $1,000 bond and is scheduled
to appear in Criminal Court Oct. 11 for arraignment, according to jail and
police records.
According to the indictment filed in Criminal Court, Nicholson allegedly "did,
with intent to deceive, make a false statement, under oath and this was
committed
on an affidavit of complaint."
Brogan said he couldn't comment further because details of the investigation
contain evidence the TBI cannot reveal.
In a telephone interview late Wednesday night, Calhoun City Manager Joe Bryan
said Nicholson still remains on "temporary suspension."
Bryan said Calhoun's acting chief of police is officer Rob Berger.
"We're waiting on some information and data from Georgia, but it hasn't come
in yet," Bryan said of the charges in Pickens County.
Nicholson now faces two charges in Tennessee, one in Grundy County in connection
with allegations of official misconduct while he was a police officer in the
city of Palmer, and now in McMinn County as the chief of police in Calhoun.
Nicholson had been arrested last week on a Pickens County, Ga., fugitive from
justice warrant stemming from the reactivation of a 15-year-old burglary warrant
issued in 1989.
Nicholson waived extradition last week on the 1989 warrant and was booked by
authorities in Pickens County on the burglary charge. He posted a $10,000 bond
there, according to jail officials in Pickens County.
Brogan said last Wednesday that U.S. Immigrations and Customs Enforcement
officials
became involved in that investigation because Nicholson reportedly requested
access to the Homeland Security Database.
According to Brogan's comments last week, Immigrations and Customs officials
ran a background check on Nicholson and got a "hit" on the 1989 Georgia warrant.
Brogan said the warrant had been reinstated in February 2002 in Georgia.
"This was the first time anyone had ran his history since the warrant had been
reinstated," Brogan said last week.
Calhoun officials conducted a background check when Nicholson was hired onto
the Calhoun Police Department under former Chief Joe Petty, but there were
no indications of the outstanding burglary charge at that time, according to
officials.
Nicholson hadn't been arrested before on that charge, Brogan said last week.
Nicholson's next court date on the Grundy County charge is set for January
2005, according to Grundy County court officials.
========================
Baltimore Officer Pleads Guilty To Misconduct
Prosecutors Say Officers Failed To Submit $500 In Evidence
POSTED: 2:16 pm EDT October 1, 2004
BALTIMORE -- A Baltimore City police officer pleaded guilty Friday to misconduct
in office.
At a hearing Friday, the judge accepted the guilty plea and sentenced Officer
Myron Anthony Thornes, 32, of Baltimore, to a six-month suspended prison term
and three years supervised probation.
A special condition of this guilty plea also requires Thornes to resign
immediately
from the police department.
On Feb. 12, the Baltimore City Police Department's Internal Affairs Division
conducted an integrity test. Thornes failed to submit $500 in U.S. currency
to the Evidence Control Unit after recovering the money during the course of
his official duties.
========================
Officer Allegedly Threatens To Arrest Man Removing Damaged Tree
POSTED: 6:50 pm EDT September 30, 2004
JACKSONVILLE, Fla. -- A Jacksonville police officer is under investigation
after he allegedly threatened to arrest his neighbor for cutting down someone's
storm-damaged tree.
Video
Storm-damaged tree
Neighbor's Tree Was Damaged By Jeanne
Download RealPlayer
Len Bennett was reportedly helping a neighbor cut down a tree that was leaning
dangerously close to the man's roof, when an off-duty officer stopped him.
"All of a sudden, this policeman came over to him and stopped him from doing
it," said neighbor Carlos Depano, who was across the street cleaning his yard
at the time.
Depano said that Officer Stoney, who also lives in the Westside neighborhood,
became upset.
"This policeman told him that he was doing it illegally and that he would put
him in jail," Depano said.
Neighbors said Stoney told Bennett that he couldn't take down the tree without
a permit. But a local tree surgeon disagreed.
"If you are a single-family dwelling, permits are not required to take down
trees," said Howard Jacques, of Eager Beaver Expert Tree Service. "Not if it's
on their property."
Internal Affairs officials said they're looking into the threat, whether anyone
files a complaint against the officer or not. The only exception to not needing
a permit is if someone lives in a historic neighborhood.
Copyright 2004 by
News4Jax.com. All rights reserved. This material may not
be published, broadcast, rewritten or redistributed.
========================
Officer's Alleged Sex Assault Described
Sep 17, 2004 9:50 am US/Mountain
DENVER (News 4) A woman described to News 4 on Thursday an incident in which
a Denver police officer allegedly raped her in the bathroom at a police
retirement
party.
The woman said she repeatedly cried rape during the alleged sexual assault.
She said it was awful, and that the whole time, she was screaming for him to
stop.
The woman told News 4 investigator Brian Maass that she thought the retirement
party should have been the safest place in the world. The party was three weeks
ago at a LoDo nightclub at 1941 Market.
The woman was part of a bachelorette party that merged with the police party.
The alleged victim said she had been drinking -- beers, shots and mixed drinks
-- 5 or six drinks over the course of the evening.
She said she began flirting with one of the many officers at the party. Then,
according to her, and to search warrants obtained by News 4, she "voluntarily
performed consensual oral sex" on the officer in the men's bathroom.
But, she says what happened next was violent and non-consensual. She said the
officer pulled her pants down and sexually assaulted her for 20 to 30 minutes.
"Trust me, it was pretty awful," she said.
"I just wanted it to end; I just wanted to get out of there," she said. "I
was screaming for him to stop."
The woman said he then forced her to her hands and knees and again sexually
assaulted her, causing her great pain. She told police investigators the force
of the assault caused her to bleed.
The victim said she yelled "No," approximately 20 times, and, according to
the search warrants, she then told the suspect he was raping her.
She said the activity stopped when three men entered the bathroom. She said
she tried to call a taxi and leave, but the officer insisted on giving her
a ride home.
She said she felt she had no choice, and that once in his car, he again forced
her to perform oral sex on him.
The alleged victims said that when they pulled up to her house, she ran for
her front door and never looked back.
She told Maass on Thursday she was just happy to be alive.
She reported the rape the next day.
The Denver Police Department has said it is investigating the case, but little
more.
The police officer suspected in the case has been suspended with pay, but since
he has not been criminally charged, News 4 is not identifying him.
News 4 Video:
Watch Brian Maass' Investigates Report
http://news4colorado.com/crimeaccidentreport/local_story_261115244.html
========================
Suburban Officer Accused Of Impersonating CPD Officer
Smith Charged With Felonious Assault
POSTED: 5:10 pm EDT September 29, 2004
UPDATED: 5:35 pm EDT September 29, 2004
COLUMBUS, Ohio -- A Pickaway County police officer has been accused of
pretending
to be a Columbus police officer, NBC 4's Natalie Walston reported.
Kris Smith
Columbus police said Kris Smith, 28, pulled people over and modified his white
Crown Victoria car to look like a police cruiser. At one point, the car was
enough to convince an off-duty Columbus police officer to stop his car, Walston
reported.
"We are aware of two to three cases where he has been in the Columbus area
and either pulled somebody (over) or allegedly knocked them off a motorcycle,"
said Columbus police spokeswoman Sherry Mercurio.
Smith, a part-time officer in New Holland, was not caught until he allegedly
rammed into the back of a motorcycle Tuesday, knocking off the rider.
Columbus police began investigating Smith at the scene of the accident. He
is being held on $10,000 bond for felonious assault, but he faces more charges,
Walston reported.
"That's pretty aggressive behavior, and we want to make sure there aren't any
more cases like that out there," Mercurio said.
Columbus police want to know if Smith pulled over more drivers, so they are
asking people to contact them if they think Smith pulled them over, Walston
reported.
"It will always be a cruiser that's actually marked if it has lights on it,
so they maybe got pulled over and didn't realize it was inappropriate for the
person to pull them over," Mercurio said. "They didn't have the authority."
The New Holland police chief said Smith has been suspended from the force,
Walston reported. The police chief said Smith used the car as a security guard,
but he was shocked to find out how it looked like a police car, Walston
reported.
========================
Ex-cop pleads guilty to official misconduct
Published in the Asbury Park Press 10/06/04
BRIDGETON: A former police officer whose sexual assault conviction was thrown
out has pleaded guilty to official misconduct, admitting he had sex with a
woman he knew while on duty the night of Sept. 28, 1998.
Anderson Garron, 39, who was freed from prison three years into an 11-year
term, entered the plea Monday. He is expected to draw a 364-day prison term
but will get credit for time served.
Garron maintained the sex was consensual.
The state Supreme Court overruled the conviction, saying his lawyers were barred
from introducing evidence about the participants' prior relationship.
========================
October 7, 2004
Audit to study police department practices
By Edward Russo
The Register-Guard
How the Eugene Police Department hires, trains and supervises police officers
will be part of a wide-ranging independent audit announced Wednesday by City
Manager Dennis Taylor.
The audit by two professional groups - the International City/County Management
Association and the Police Executive Research Forum - is in response to the
sex abuse scandals that put two former Eugene police officers in prison.
The audit announced by Taylor is in addition to the review being done by the
Eugene Police Commission. The 12-member citizens' commission is examining how
EPD handles complaints against officers.
The police department has been under scrutiny for its hiring and supervisory
practices since last year, when officers Roger Eugene Magaña and Juan Francisco
Lara were accused of sexually preying on women while on duty.
Earlier this year, Lara was convicted on charges of official misconduct, public
indecency, coercion and harassment and sentenced to five years in prison.
Magaña, meanwhile, was sentenced to 94 years in prison for raping, kidnapping,
sexually abusing and harassing 13 women.
The two Washington, D.C.-based professional groups to be hired by the city
have extensive experience in conducting similar audits, Taylor said.
He will ask the City Council on Monday for $108,000 in contingency funds to
pay for the audit, which is expected to take three months. It will include
recommendations to the city, Taylor said.
The audit will include a comprehensive review of EPD's recruitment, screening
and hiring policies, he said. It also will cover training, internal procedures,
supervision, management and community relations, Taylor said.
========================
Ex-trooper won't be prosecuted in girlfriend's death
The Associated Press
October 07, 2004
A former state trooper acted in self-defense and will not be prosecuted for
the shooting death of his girlfriend during a domestic dispute, authorities
said.
Heath Schumacher, 30, told investigators he shot Tamatha Jo Osborne, 33, twice
in the face in a Metairie apartment after she fired a gun at him Jan. 11.
Schumacher was never arrested or charged, but the shooting was investigated
by the Jefferson Parish sheriff.
"We believe that the evidence shows that Schumacher acted in self-defense.
And pursuant to Louisiana law, such would be considered a justifiable homicide,"
Assistant District Attorney Steve Wimberly said Wednesday.
Osborne's sister, Adelle Osborne, who met with prosecutors Wednesday,
reluctantly
accepted the decision but was upset by the findings.
"Nobody was there but Tamatha and Heath, so nobody knows but the two of them.
But did he have to kill her?" she said.
Schumacher said Wednesday he had been confident about the outcome.
Several pieces of forensic evidence backed Schumacher's version of events,
Wimberly said.
Schumacher resigned Feb. 20 from the state police after internal affairs
investigators
determined he had violated agency policy.
Although state police spokesmen would not specify which policy Schumacher broke,
officials have said officers are not allowed to have regular contact with
suspected
felons or people involved in criminal behavior.
Osborne was on parole in January 2003 after her conviction on multiple charges
of obtaining prescription drugs through forgery. Relatives said the two met
while she was serving time in prison and that they shared a Slidell home with
her two children from a previous marriage.
The FBI is still investigating complaints by Osbourne's family members that
Schumacher used his position as a state trooper to intimidate Osborne and force
her to perform criminal acts.
The decision by the district attorney and the FBI's findings will be submitted
for review by the Justice Department, FBI spokeswoman Sheila Thorne said.
========================
Berkeley police dispatcher indicted
Published in the Asbury Park Press 10/07/04
By KATHLEEN HOPKINS
TOMS RIVER BUREAU
TOMS RIVER -- A suspended Berkeley police dispatcher has been charged in two
separate indictments with insurance fraud and official misconduct.
An Ocean County grand jury lodged the charges against Denise Capezzi, 39, of
Serpentine Drive in Berkeley's Bayville section, in indictments handed up
Tuesday.
The insurance fraud charge stems from allegations that Capezzi reported that
she had a miscarriage in a slip-and-fall accident at work, for which she sought
workers compensation and insurance payments.
An investigation, prompted by a tip from a co-worker, revealed that Capezzi
had had an abortion several weeks before the date on which she said she fell
down a flight of stairs at work, said Assistant Ocean County Prosecutor Martin
Anton.
Capezzi reported that she fell at work March 31, although no one witnessed
the fall, Anton said. She sought emergency room treatment the following day
at Community Medical Center in Toms River, Anton said.
As a result of Capezzi's claims, she received payment for medical expenses
and more than $1,000 in temporary disability payments, Anton said.
The official misconduct charge stems from an incident Feb. 22 in which Capezzi,
while at work, deleted references to herself in a report on the department's
computer system about a police matter that occurred on Feb. 20, Anton said,
declining to elaborate on the police matter.
Both charges that Capezzi faces are second-degree crimes, each carrying maximum
prison terms of 10 years.
Capezzi has been suspended from her dispatcher's job and is free on bail, Anton
said.
========================
Sept. 28, 2004, 4:37PM
Ex-HPD officer gets 20 years in drug deal
18-year veteran caught in sting pleaded guilty
By ANDREW TILGHMAN
Copyright 2004 Houston Chronicle
A former Houston police officer was sentenced Monday to 20 years in prison
after pleading guilty to taking part in a $50,000 drug deal while on duty and
wearing his uniform.
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Gilberto Zertuche, 43, was armed and providing protection for a deal in which
a kilogram of cocaine - 2.2 pounds - and 100 pounds of marijuana changed hands
at an apartment in Humble on Feb. 24, Harris County prosecutors said.
The arrest resulted from a sting operation set up by the Houston Police
Department's
Internal Affairs Division. Undercover police targeted the 18-year HPD veteran
after receiving a tip.
Zertuche was not a buyer or a seller, but he oversaw the transaction, helping
to weigh the drugs and count the money exchanged, said Assistant District
Attorney
Julian Ramirez.
"He was in uniform and he was putting at ease any fears that the drug dealers
- which in this case were undercover cops - might have had that they were going
to be robbed or that something was going to go down," Ramirez said.
In return, Zertuche was paid about $5,000, Ramirez said.
Zertuche was taken into custody Monday morning after pleading guilty to
aggravated
delivery of cocaine and delivery of marijuana. He will not be eligible for
parole for at least 10 years.
He could have faced up to life in prison if convicted in a trial, which was
scheduled to start Monday before state District Judge Carol Davies.
His attorney, Rogelio Garcia, did not return calls seeking comment.
Zertuche was arrested immediately after the drug deal, shortly after 7 p.m.
outside an apartment in the 400 block of South Bender in Humble, police said.
He was on duty but away from his assigned post with HPD's Marshals Division,
which oversees municipal courts.
Zertuche initially was relieved of duty with pay but was terminated in April,
police said.
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