A Vilonia man helping to deliver newspapers on the night of Nov. 25 claims that the off-duty acting Mayflower Police Chief acted inappropriately in approaching him with a drawn handgun.
Micky Paul Grissom, 30, said on Monday that he was helping his wife deliver the Log Cabin Democrat to homes on Green Meadows Road a few miles south of Vilonia when he used a residential driveway to turn around and, at about 10:30 p.m., stopped in a section of road about 200 yards away to move newspapers from the bed of the pickup truck into the cab.
“I stopped to get out of the truck (and) threw my papers from the back of the truck to the front,” Grissom said. “Next thing I know there’s a car flying up on me and I see that there’s little blue lights in the grill and a guy gets out and yells, ‘What are you doing?’ I tell him I’m delivering papers ... and I turn back and look and he’s got his gun drawn on me, and he’s telling me to get back around the back of the truck. He got up to me and he saw the papers and he said, ‘Man, you can’t be stopping in front of people’s houses without telling them what’s going on.”
Grissom filed a police report to this effect Tuesday with the Vilonia Police Department. In his written statement to Vilonia police, Grissom stated, “That was the first time I feared for my life, and it was because of an off-duty officer.”
Acting Mayflower Chief of Police Sgt. Robert Alcon released a written statement on Tuesday in response, claiming that he observed the vehicle in his driveway for about 25 to 30 seconds before the truck pulled out and proceeded east on Hwy. 107, stopping in the road near an adjacent residence.
“I went and put on some jeans and boots and got my pistol from its holster,” Alcon stated in this release. “The truck was still there when I went outside to get in my patrol car. As I pulled out from my driveway the truck pulled out and started to go east. This made me have even more reasonable suspicion that there may be some criminal activity going on. My probable cause to make the traffic stop was (that the) vehicle was stopped in the roadway, blocking it for more than 10 minutes. I turned on my blue lights and made the stop approximately 50 yards from where the truck was parked.
“The driver ... stepped from the truck and I had advised him to show me his hands. I had my flashlight in my left hand and my pistol in my right hand. I did raise my pistol at about a 45-degree angle. Once he showed me his hands I dropped the pistol back to my side and put it in the small of my back. I recognized the driver as someone I know from Vilonia, and apparently he knew me, because he called me by name Alcon. I asked him what he was doing, and he told me he was the paper carrier, and I advised OK that it was the Christmas season and there are a lot of break ins at this time of year. We shook hands, and I advised him to have a good night, he said for me to do the same.”
Grissom said on Tuesday that he was “looking at the barrel, and I could see a light right beside it and I saw barrel pointed at me.
“That’s the whole deal of a gun being pointed at me, I don’t like that,” he said. “Whether it was pointed at me or not, it’s like I told them at Vilonia, when we fear our protectors, what are we supposed to do?” He said again that he feared for his life during the incident, and thought that any loud noise might have caused Alcon to shoot him. He said that he “would go check if somebody was messing around my neighborhood, but I wouldn’t come out with my gun.”
Alcon maintained that he held his handgun at a 45-degree muzzle-down angle when he made contact with Grissom and put the weapon away once he saw the man’s hands.
“I had the gun at about a 45 (degree angle) just to see if he was armed, and even if I had the gun pointed at him it would have been normal procedure,” Alcon said. “It’s a dangerous job we do. I like going home at night. I don’t know what he expects us to do. I’m a police officer. I’m not just Joe public trying to see what’s going on. ... Was I supposed to walk up there with my hands empty?”
“I am a police officer that has a right to protect myself ... I was trying to protect my neighbors,” he said.
Alcon is deputized by Faulkner County Sheriff Karl Byrd, and Byrd said that his jurisdiction is countywide.
Byrd said that he didn’t want to comment on the issue because he didn’t know the exact circumstances, but said that, in general, “Any officer, off-duty or not, I would be extremely disappointed if something suspicious was going on in his neighborhood and he didn’t investigate it — take some initiative to look into some suspicious circumstances going on in his neighborhood.”
Vilonia Chief of Police Brad McNew said that he would turn the incident over to the 20th Judicial Prosecuting Attorney’s office for review.
Wednesday, December 02, 2009
Officer Donald Prine Arrested for Aggravated Domestic Battery
A veteran Rockford police officer is arrested and charged with aggravated domestic battery.
According to our media partners at WNTA, Winnebago County Sheriff's Police were called to the 8100 block of South Main early last Thursday morning. Deputies say they found evidence of domestic violence involving Rockford Police Officer Donald Prine and his wife, who is a Boone County sheriff's deputy.
Prine turned himself in and bonded out of jail. He's on administrative leave
According to our media partners at WNTA, Winnebago County Sheriff's Police were called to the 8100 block of South Main early last Thursday morning. Deputies say they found evidence of domestic violence involving Rockford Police Officer Donald Prine and his wife, who is a Boone County sheriff's deputy.
Prine turned himself in and bonded out of jail. He's on administrative leave
Former Officer Greg Cannedy Convicted of False Imprisonment
A former San Leandro police officer has been convicted of false imprisonment for groping two women while he was on duty, his attorney said Wednesday.
Former Officer Greg Cannedy, 45, who retired from the department in 2007, entered no-contest pleas to two counts of false imprisonment - one a felony, the other a misdemeanor - said his attorney, Michael Rains.
Judge Kevin Murphy of Alameda County Superior Court sentenced Cannedy two months ago to 18 months of formal probation and six months of home detention while under electronic monitoring, Rains said.
"To this day, I believe the allegations against Greg were completely without merit," Rains said.
The misdemeanor conviction stemmed from an incident in September 2006, when Cannedy leaned over Jennifer Acuna in her kitchen and began kissing her before grabbing her hand and putting it on his crotch.
Acuna received $92,500 earlier this year under a civil settlement with the city.
Cannedy was convicted of felony false imprisonment for groping Starlah Burke during a traffic stop in 2005 after she repeatedly rebuffed his romantic overtures over a period of months.
Cannedy asked personal questions of Burke, told her that "he and his wife were not in love," continually showed up at her home and called her between May and December 2005 to discuss having sex, Burke said in her suit against the city. She received a $95,000 settlement.
Former Officer Greg Cannedy, 45, who retired from the department in 2007, entered no-contest pleas to two counts of false imprisonment - one a felony, the other a misdemeanor - said his attorney, Michael Rains.
Judge Kevin Murphy of Alameda County Superior Court sentenced Cannedy two months ago to 18 months of formal probation and six months of home detention while under electronic monitoring, Rains said.
"To this day, I believe the allegations against Greg were completely without merit," Rains said.
The misdemeanor conviction stemmed from an incident in September 2006, when Cannedy leaned over Jennifer Acuna in her kitchen and began kissing her before grabbing her hand and putting it on his crotch.
Acuna received $92,500 earlier this year under a civil settlement with the city.
Cannedy was convicted of felony false imprisonment for groping Starlah Burke during a traffic stop in 2005 after she repeatedly rebuffed his romantic overtures over a period of months.
Cannedy asked personal questions of Burke, told her that "he and his wife were not in love," continually showed up at her home and called her between May and December 2005 to discuss having sex, Burke said in her suit against the city. She received a $95,000 settlement.
Former Officer Raymond Conley Pleads Guilty
Former Dunbar Police Officer Raymond Conley pleaded guilty to a federal charge of depriving a woman's rights in court Wednesday. Court documents show he inappropriately searched the woman and then offered to let her go, in exchange for sex.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Former Officer David Seaton Indicted for Manslaughter & Assault
A former San Antonio police officer has been indicted for manslaughter and aggravated assault in the traffic death of a colleague last year.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
Trooper Alexis Hayes Alleges She was Sexually Assaulted by Commanding Officer
A New Jersey state trooper alleges she was sexually assaulted by a commanding officer, sexually harassed in the academy by a female commander and repeatedly abused at the hands of colleagues.
In a federal lawsuit filed late Tuesday, Trooper Alexis Hayes makes sweeping allegations against six individuals and the state police administration, saying it conducted an internal investigation to humiliate her while never taking appropriate action in the case.
"The State Police have turned Hayes - the victim - into an object of disdain and have subjected her to repeated hostile interrogations while implying that Hayes somehow bore ill will against her tormentors," the lawsuit said. "In consequence, Hayes suffered deep emotional trauma."
Hayes, 29, of Berlin, is seeking monetary damages, dismissal of the accused abusers and reform within the agency. Her lawsuit alleges the agency, with 3,035 members, hazed those in training, ignored sexual misconduct and closed ranks when she sought help.
Dave Jones, president of the State Troopers Fraternal Association, called the allegations "troubling" and said he intends to make sure they are "fully vetted."
"The allegations are of grave concern to me, from the onset of her career until now, and the victimization's that took place demand a complete and thorough investigation," Jones said.
State officials said Wednesday they were aware of the allegations, but could not comment on pending litigation.
"The New Jersey State Police treats any allegation of misconduct very seriously. As with all allegations of misconduct, these allegations will be vigorously and thoroughly investigated," State Police Capt. Gerald Lewis Jr. said in a written statement released late Wednesday.
Lee Moore, spokesman for the Attorney General's Office, said as a matter of practice, officials do not comment on pending litigation.
The lawsuit alleges the Attorney General's Office has been aware of the initial allegations since 2006, when an anonymous complaint was filed with the state's Equal Opportunity Office.
According to the lawsuit, filed by Moorestown attorney William Buckman, Hayes had been subjected to abusive and demeaning practices since she joined the academy in 2005.
That year, one of the academy instructors, Sgt. Christine Shallcross, who called Hayes "Peanut," repeatedly demeaned her, the suit said. One time, Shallcross aggressively grabbed Hayes' necktie with such force that the clasp broke. Another time Hayes was ordered to stand at attention while Shallcross drew on her face with a black permanent marker, the suit said.
"(Hayes) was required to remain standing at attention while Shallcross then chased another female trooper around and stabbed that other trooper in the neck with the marker, leaving a bruise," the lawsuit said.
After a graduation celebration, Hayes alleges Shallcross attempted to give Hayes her phone number, whispered in her ear, "Hayes, I love you," and kissed her on the cheek as Hayes was attempting to leave with her sister.
Shallcross, now working internal affairs investigations for the state police, said Wednesday she was familiar with the allegations, but could not comment.
During an internal affairs investigation, the lawsuit alleges Hayes was subjected to "lengthy questioning" numerous times and officials tried to convince Hayes that Shallcross' treatment was nothing more than mere "camaraderie."
When she was assigned to the same tactical unit in South Jersey as Lt. Thomas King, the lawsuit says, King began sending her text messages at all hours and once showed up unannounced at her house earlier this year.
Hayes alleges she was sexually assaulted by King, an acting captain, in April, when she was assigned to a detail of 49 officers sent to participate in funeral services for three officers slain in Pittsburgh.
During a night of drinking, she alleges, King "continually" made sure that Hayes had a full drink and Hayes returned to her hotel room "woozy from so much alcohol," the lawsuit said.
The lawsuit says King "somehow obtained" a copy of Hayes' room key and while Hayes was in bed, "inebriated," King sexually assaulted her. The lawsuit says she became pregnant as a result of the assault, and later terminated the pregnancy.
King could not be reached for comment.
On numerous other occasions, she alleges, he made sexual advances. In June, the lawsuit alleges, King assaulted Hayes with pepper spray in front of others, who did nothing to stop it, the lawsuit said.
Buckman, Hayes' attorney, said Hayes reported the alleged assault to local authorities in the Pittsburgh area and attempted to get a job transfer. It was unclear when the alleged assault was reported and how it was handled.
Buckman said rather than help Hayes, State Police authorities used their internal affairs investigation as "a mechanism" to stop the complaints about superiors and other troopers.
"Their real job is to whitewash things," Buckman said.
Buckman is recognized nationally for his role in exposing racial profiling on the New Jersey Turnpike, where minorities were disproportionately targeted for traffic stops and searches. He also went after the Lords of Discipline, a reputed secret society of state troopers who allegedly hazed others in their ranks. Though the state denied the group existed, it disciplined seven officers and settled harassment lawsuits that exceeded $1 million.
In her lawsuit, Hayes says she went to see the director of the State Police Employee Assistance Program, a confidential counseling service. Instead, the lawsuit said, she received a call from a lieutenant colonel, who told Hayes she "had to bear up with the imperfect conditions of the New Jersey State Police and go about her duties."
Eventually, Hayes went out on sick leave after suffering a "nervous breakdown," the lawsuit said.
But when she was involved in a car accident in October, the lawsuit said state police officials met her at a hospital and "refused to let (Hayes) obtain treatment until they forcibly extracted blood from her in an apparent effort to charge (Hayes) with intoxicated driving."
The lawsuit asks for an independent monitor of the State Police "in light of the outrageous and corrupt method by which the New Jersey State Police abuses its powers against its members, and then uses its internal affairs mechanisms to cover up those abuses."
In a federal lawsuit filed late Tuesday, Trooper Alexis Hayes makes sweeping allegations against six individuals and the state police administration, saying it conducted an internal investigation to humiliate her while never taking appropriate action in the case.
"The State Police have turned Hayes - the victim - into an object of disdain and have subjected her to repeated hostile interrogations while implying that Hayes somehow bore ill will against her tormentors," the lawsuit said. "In consequence, Hayes suffered deep emotional trauma."
Hayes, 29, of Berlin, is seeking monetary damages, dismissal of the accused abusers and reform within the agency. Her lawsuit alleges the agency, with 3,035 members, hazed those in training, ignored sexual misconduct and closed ranks when she sought help.
Dave Jones, president of the State Troopers Fraternal Association, called the allegations "troubling" and said he intends to make sure they are "fully vetted."
"The allegations are of grave concern to me, from the onset of her career until now, and the victimization's that took place demand a complete and thorough investigation," Jones said.
State officials said Wednesday they were aware of the allegations, but could not comment on pending litigation.
"The New Jersey State Police treats any allegation of misconduct very seriously. As with all allegations of misconduct, these allegations will be vigorously and thoroughly investigated," State Police Capt. Gerald Lewis Jr. said in a written statement released late Wednesday.
Lee Moore, spokesman for the Attorney General's Office, said as a matter of practice, officials do not comment on pending litigation.
The lawsuit alleges the Attorney General's Office has been aware of the initial allegations since 2006, when an anonymous complaint was filed with the state's Equal Opportunity Office.
According to the lawsuit, filed by Moorestown attorney William Buckman, Hayes had been subjected to abusive and demeaning practices since she joined the academy in 2005.
That year, one of the academy instructors, Sgt. Christine Shallcross, who called Hayes "Peanut," repeatedly demeaned her, the suit said. One time, Shallcross aggressively grabbed Hayes' necktie with such force that the clasp broke. Another time Hayes was ordered to stand at attention while Shallcross drew on her face with a black permanent marker, the suit said.
"(Hayes) was required to remain standing at attention while Shallcross then chased another female trooper around and stabbed that other trooper in the neck with the marker, leaving a bruise," the lawsuit said.
After a graduation celebration, Hayes alleges Shallcross attempted to give Hayes her phone number, whispered in her ear, "Hayes, I love you," and kissed her on the cheek as Hayes was attempting to leave with her sister.
Shallcross, now working internal affairs investigations for the state police, said Wednesday she was familiar with the allegations, but could not comment.
During an internal affairs investigation, the lawsuit alleges Hayes was subjected to "lengthy questioning" numerous times and officials tried to convince Hayes that Shallcross' treatment was nothing more than mere "camaraderie."
When she was assigned to the same tactical unit in South Jersey as Lt. Thomas King, the lawsuit says, King began sending her text messages at all hours and once showed up unannounced at her house earlier this year.
Hayes alleges she was sexually assaulted by King, an acting captain, in April, when she was assigned to a detail of 49 officers sent to participate in funeral services for three officers slain in Pittsburgh.
During a night of drinking, she alleges, King "continually" made sure that Hayes had a full drink and Hayes returned to her hotel room "woozy from so much alcohol," the lawsuit said.
The lawsuit says King "somehow obtained" a copy of Hayes' room key and while Hayes was in bed, "inebriated," King sexually assaulted her. The lawsuit says she became pregnant as a result of the assault, and later terminated the pregnancy.
King could not be reached for comment.
On numerous other occasions, she alleges, he made sexual advances. In June, the lawsuit alleges, King assaulted Hayes with pepper spray in front of others, who did nothing to stop it, the lawsuit said.
Buckman, Hayes' attorney, said Hayes reported the alleged assault to local authorities in the Pittsburgh area and attempted to get a job transfer. It was unclear when the alleged assault was reported and how it was handled.
Buckman said rather than help Hayes, State Police authorities used their internal affairs investigation as "a mechanism" to stop the complaints about superiors and other troopers.
"Their real job is to whitewash things," Buckman said.
Buckman is recognized nationally for his role in exposing racial profiling on the New Jersey Turnpike, where minorities were disproportionately targeted for traffic stops and searches. He also went after the Lords of Discipline, a reputed secret society of state troopers who allegedly hazed others in their ranks. Though the state denied the group existed, it disciplined seven officers and settled harassment lawsuits that exceeded $1 million.
In her lawsuit, Hayes says she went to see the director of the State Police Employee Assistance Program, a confidential counseling service. Instead, the lawsuit said, she received a call from a lieutenant colonel, who told Hayes she "had to bear up with the imperfect conditions of the New Jersey State Police and go about her duties."
Eventually, Hayes went out on sick leave after suffering a "nervous breakdown," the lawsuit said.
But when she was involved in a car accident in October, the lawsuit said state police officials met her at a hospital and "refused to let (Hayes) obtain treatment until they forcibly extracted blood from her in an apparent effort to charge (Hayes) with intoxicated driving."
The lawsuit asks for an independent monitor of the State Police "in light of the outrageous and corrupt method by which the New Jersey State Police abuses its powers against its members, and then uses its internal affairs mechanisms to cover up those abuses."
Former Officer Antonio Loza Convicted of Drunk Driving
A former San Mateo police officer has been convicted of drunken driving for crashing into a woman's car after drinking with other off-duty officers at a party, a prosecutor said today.
Antonio Loza, 34, of Belmont entered a no-contest plea Monday before Judge Robert Foiles of San Mateo County Superior Court. Loza was convicted of a misdemeanor count of drunken driving causing injury, said Karen Guidotti, an assistant district attorney.
Loza could face up to 20 days in jail when he is sentenced Jan. 22.
Loza and other off-duty San Mateo officers were drinking at a party March 5 at the Crowne Plaza Hotel in Foster City, Guidotti said. Loza "drank heavily" and drove off in his car for home, despite his friends' efforts to talk him out of it, authorities said.
Loza plowed into a woman's car while heading west on Highway 92 near Highway 101, Guidotti said. The woman suffered minor cuts and bruises, but her car was a total loss, authorities said.
An investigation by the California Highway Patrol determined that Loza's blood-alcohol level was 0.23 percent, nearly three times the .08 percent level that constitutes drunken driving, authorities said.
An attorney for Loza did not immediately respond to a request for comment today.
Loza was a San Mateo police officer from 2005 until March 12. Deputy Police Chief Mike Callagy declined to specify the manner in which Loza left the department.
Antonio Loza, 34, of Belmont entered a no-contest plea Monday before Judge Robert Foiles of San Mateo County Superior Court. Loza was convicted of a misdemeanor count of drunken driving causing injury, said Karen Guidotti, an assistant district attorney.
Loza could face up to 20 days in jail when he is sentenced Jan. 22.
Loza and other off-duty San Mateo officers were drinking at a party March 5 at the Crowne Plaza Hotel in Foster City, Guidotti said. Loza "drank heavily" and drove off in his car for home, despite his friends' efforts to talk him out of it, authorities said.
Loza plowed into a woman's car while heading west on Highway 92 near Highway 101, Guidotti said. The woman suffered minor cuts and bruises, but her car was a total loss, authorities said.
An investigation by the California Highway Patrol determined that Loza's blood-alcohol level was 0.23 percent, nearly three times the .08 percent level that constitutes drunken driving, authorities said.
An attorney for Loza did not immediately respond to a request for comment today.
Loza was a San Mateo police officer from 2005 until March 12. Deputy Police Chief Mike Callagy declined to specify the manner in which Loza left the department.
Former Officer Joshua Mantello Found Guilty of Assaulting Intoxicated Man
A former North Adams police officer has been found guilty of assaulting an intoxicated man who was placed in police custody after defecating on a welcome mat last year.
Joshua N. Mantello, 30, will receive probation and a six-month jail term when he is sentenced Friday in Berkshire Superior Court. He is free on personal recognizance until then.
Mantello punched and choked Matthew D. Trombley, 29, then filed a false police report about the Nov. 28, 2008, incident in North Adams, according to prosecutors.
Mantello, an eight-year veteran of the North Adams Police Department, was fired by Mayor John Barrett III in March after a criminal investigation led to the officer's criminal indictment.
Trombley, a known heroin user, was highly intoxicated and covered in his own feces when Mantello and other North Adams officers tried to subdue him after a disturbance outside of a North Church Street apartment last year.
Trombley banged on people's doors and defecated on a welcome mat, and somehow wound up covered in his own waste, according to testimony in Mantello's weeklong Superior Court bench trial, which concluded Monday.
That's when Judge John A. Agostini found Mantello guilty of two counts of assault and battery and single counts of misleading a police officer and filing a false police report.
Agostini ordered Mantello to serve six months of a two-year sentence in the Berkshire
County Jail & House of Correction. The balance of that sentence will be suspended if Mantello stays out of trouble.
Mantello was found not guilty of one count of assault and battery with a dangerous weapon -- a stun gun.
Agostini agreed to a request by defense counsel Thomas Drechsler to delay sentencing until Friday, giving Mantello time to wrap up loose ends before he goes to jail.
Berkshire First Assistant District Attorney Paul J. Caccaviello recommended that Agostini consider sending Mantello to prison for up to four years, but the judge rejected that recommendation.
"I do not believe state prison would at all be appropriate in this case," Agostini said.
Mantello opted for a jury-waived trial, leaving his fate with Agostini, who acknowledged the trial was a "very, very difficult case."
Agostini said he did not believe Mantello went to work on Nov. 28, 2008, with the intent of injuring someone or committing a crime. But evidence presented during the trial showed that Trombley was heavily intoxicated and that Mantello used excessive force in subduing him.
Agostini said Trombley was confused, incoherent and uncooperative during the booking process at the North Adams Police Department. Nonetheless, Trombley's unruly behavior did not justify Mantello's harsh treatment, Agostini said.
Trombley's booking was videotaped, per departmental policy on all bookings, and highlights of that process were shown again during Monday's closing arguments.
"Each time I see it, I find it very disturbing," Agostini said of the videotape. "There seems to be no legitimate reason for these punches to be thrown."
The tape shows Mantello using foul language toward Trombley -- who is visibly intoxicated -- and pushing the man's head against the booking-room wall. The tape also shows Mantello striking Trombley three times, though Drechsler claimed the blows were delivered with the officer's palm -- not a closed fist.
The defense attorney said Trombley's screams were the tacticsof "a consummate faker," someone intent on causing a scene, while Caccaviello claimed they were the result of Trombley being "severely assaulted."
During the trial, Drechsler referred to Trombley as a "feces-encrusted" biohazard who was so dirty and disobedient that Mantello was the only officer courageous enough to subdue him.
Mantello was prompted to use force against Trombley after Trombley assaulted the officer, according to Drechsler. When the booking tape is played in slow motion, he said, it shows Trombley kick at Mantello.
As a result, Mantello can be heard telling Trombley that he would be charged with assaulting a police officer. Various charges lodged against Trombley were dropped after Mantello was criminally charged.
The prosecutor said Mantello engaged in "shading the facts" when he stated things in his police report that were not evident during the 15-minute booking video.
Caccaviello used a book-vs.-movie analogy, claiming the movie version of events (the videotape) bore no resemblance to the book version of events (Mantello's written report). The incidents described in Mantello's report simply did not match the video evidence, Caccaviello said.
Drechsler claimed that Trombley -- who has virtually no recollection of the events due to his level of intoxication -- was not seriously injured in the incident.
Rather, he said, it was Mantello who risked injury when he attempted to control an unruly subject covered in bodily fluids that posed a health threat, including the possible transmission of Hepatitis C or HIV.
The government's attempt to turn Trombley into "some sort of a hero" is antithetical to who he really was -- a drug user with a criminal past, Drechsler said.
Drechsler insisted that Trombley upped the ante by continually refusing to comply with police orders, while Mantello attempted to defuse the tense situation.
"Somebody had to do something, and Josh Mantello was the only one who did something," Drechsler said, noting that another officer was overcome by Trombley's stench and had to desert his post to vomit.
Caccaviello did not attempt to sugar-coat Trombley's character, but said Mantello exacerbated matters by screaming obscenities at Trombley, who appeared relatively docile in the booking tape.
"I'm not saying [Trombley's] an angel," Caccaviello said. "But it's the defendant who's the professional."
The tape contains no evidence of Trombley hitting, punching, kicking or spitting at Mantello, who deliberately falsified his written report to cover up his wrongdoing, Caccaviello said.
"He had to mislead his superiors," Caccaviello said.
Joshua N. Mantello, 30, will receive probation and a six-month jail term when he is sentenced Friday in Berkshire Superior Court. He is free on personal recognizance until then.
Mantello punched and choked Matthew D. Trombley, 29, then filed a false police report about the Nov. 28, 2008, incident in North Adams, according to prosecutors.
Mantello, an eight-year veteran of the North Adams Police Department, was fired by Mayor John Barrett III in March after a criminal investigation led to the officer's criminal indictment.
Trombley, a known heroin user, was highly intoxicated and covered in his own feces when Mantello and other North Adams officers tried to subdue him after a disturbance outside of a North Church Street apartment last year.
Trombley banged on people's doors and defecated on a welcome mat, and somehow wound up covered in his own waste, according to testimony in Mantello's weeklong Superior Court bench trial, which concluded Monday.
That's when Judge John A. Agostini found Mantello guilty of two counts of assault and battery and single counts of misleading a police officer and filing a false police report.
Agostini ordered Mantello to serve six months of a two-year sentence in the Berkshire
County Jail & House of Correction. The balance of that sentence will be suspended if Mantello stays out of trouble.
Mantello was found not guilty of one count of assault and battery with a dangerous weapon -- a stun gun.
Agostini agreed to a request by defense counsel Thomas Drechsler to delay sentencing until Friday, giving Mantello time to wrap up loose ends before he goes to jail.
Berkshire First Assistant District Attorney Paul J. Caccaviello recommended that Agostini consider sending Mantello to prison for up to four years, but the judge rejected that recommendation.
"I do not believe state prison would at all be appropriate in this case," Agostini said.
Mantello opted for a jury-waived trial, leaving his fate with Agostini, who acknowledged the trial was a "very, very difficult case."
Agostini said he did not believe Mantello went to work on Nov. 28, 2008, with the intent of injuring someone or committing a crime. But evidence presented during the trial showed that Trombley was heavily intoxicated and that Mantello used excessive force in subduing him.
Agostini said Trombley was confused, incoherent and uncooperative during the booking process at the North Adams Police Department. Nonetheless, Trombley's unruly behavior did not justify Mantello's harsh treatment, Agostini said.
Trombley's booking was videotaped, per departmental policy on all bookings, and highlights of that process were shown again during Monday's closing arguments.
"Each time I see it, I find it very disturbing," Agostini said of the videotape. "There seems to be no legitimate reason for these punches to be thrown."
The tape shows Mantello using foul language toward Trombley -- who is visibly intoxicated -- and pushing the man's head against the booking-room wall. The tape also shows Mantello striking Trombley three times, though Drechsler claimed the blows were delivered with the officer's palm -- not a closed fist.
The defense attorney said Trombley's screams were the tacticsof "a consummate faker," someone intent on causing a scene, while Caccaviello claimed they were the result of Trombley being "severely assaulted."
During the trial, Drechsler referred to Trombley as a "feces-encrusted" biohazard who was so dirty and disobedient that Mantello was the only officer courageous enough to subdue him.
Mantello was prompted to use force against Trombley after Trombley assaulted the officer, according to Drechsler. When the booking tape is played in slow motion, he said, it shows Trombley kick at Mantello.
As a result, Mantello can be heard telling Trombley that he would be charged with assaulting a police officer. Various charges lodged against Trombley were dropped after Mantello was criminally charged.
The prosecutor said Mantello engaged in "shading the facts" when he stated things in his police report that were not evident during the 15-minute booking video.
Caccaviello used a book-vs.-movie analogy, claiming the movie version of events (the videotape) bore no resemblance to the book version of events (Mantello's written report). The incidents described in Mantello's report simply did not match the video evidence, Caccaviello said.
Drechsler claimed that Trombley -- who has virtually no recollection of the events due to his level of intoxication -- was not seriously injured in the incident.
Rather, he said, it was Mantello who risked injury when he attempted to control an unruly subject covered in bodily fluids that posed a health threat, including the possible transmission of Hepatitis C or HIV.
The government's attempt to turn Trombley into "some sort of a hero" is antithetical to who he really was -- a drug user with a criminal past, Drechsler said.
Drechsler insisted that Trombley upped the ante by continually refusing to comply with police orders, while Mantello attempted to defuse the tense situation.
"Somebody had to do something, and Josh Mantello was the only one who did something," Drechsler said, noting that another officer was overcome by Trombley's stench and had to desert his post to vomit.
Caccaviello did not attempt to sugar-coat Trombley's character, but said Mantello exacerbated matters by screaming obscenities at Trombley, who appeared relatively docile in the booking tape.
"I'm not saying [Trombley's] an angel," Caccaviello said. "But it's the defendant who's the professional."
The tape contains no evidence of Trombley hitting, punching, kicking or spitting at Mantello, who deliberately falsified his written report to cover up his wrongdoing, Caccaviello said.
"He had to mislead his superiors," Caccaviello said.
Deputy John Harvey Pleads No Contest to Reckless Driving
A Volusia County Deputy has pleaded no contest to reckless driving in an August crash.
Arrest reports say 51-year-old John Harvey struck a South Daytona patrol car and told an officer he had "a lot" to drink. He was charged with driving under the influence, refusing to take an alcohol breath test, careless driving and leaving the scene of an accident.
Court records show he pleaded no contest in November to a reduced charge of reckless driving. Other charges were dismissed.
Harvey's attorney told the Daytona Beach News-Journal the arrest report shows confusion between his client and the arresting officers about Harvey's status as a law enforcement officer and Harvey's attempt to disclose he had a firearm.
The sheriff's office is conducting an internal investigation.
Arrest reports say 51-year-old John Harvey struck a South Daytona patrol car and told an officer he had "a lot" to drink. He was charged with driving under the influence, refusing to take an alcohol breath test, careless driving and leaving the scene of an accident.
Court records show he pleaded no contest in November to a reduced charge of reckless driving. Other charges were dismissed.
Harvey's attorney told the Daytona Beach News-Journal the arrest report shows confusion between his client and the arresting officers about Harvey's status as a law enforcement officer and Harvey's attempt to disclose he had a firearm.
The sheriff's office is conducting an internal investigation.
Trial Date Reset for Officer John Deegan Charged with Possessing Child Porn
Trial was postponed Tuesday for a veteran LAPD officer and Long Beach resident charged with possessing child pornography.
John Deegan, 54, who was indicted by a federal grand jury on two counts of possession of child pornography, will return to federal court March 16 when his new trial date is scheduled, said Thom Mrozek, spokesman for the United States Attorney's Office.
Charged with Deegan was his 27-year-old son, Jonathon Deegan, who pleaded guilty to the same counts last month and who was immediately taken into custody.
Federal investigators first came to suspect the younger Deegan - who had no previous criminal history - of trading pornographic pictures and videos on the Internet, according to court documents.
When FBI agents served a search warrant at the Long Beach home he shared with his father, they found 600 images on his computer of children, some as young as 4 years old, involved in sex acts with adults. They also found alleged child pornography on his father's computer, court documents show.
Father and son turned themselves in to authorities Oct. 5 and were released on $10,000 bond each.
The elder Deegan - a 22-year veteran of the Los Angeles Police Department - was placed on administrative leave in March when the department was notified of the FBI's investigation. He had been assigned to the Central Division's Patrol Unit, LAPD officials said.
If the elder Deegan is convicted, he faces the possibility of up to 10 years in federal prison and a $250,000 fine, plus lifetime supervised release and having to register as sex offenders. His son faces a similar sentence.
FBI investigators were able to identify some of the children, none of whom are local, and although the Deegans are not suspected of contacting the children, federal prosecutors are also seeking $1 million in restitution for the victims.
The younger Deegan is scheduled to return to federal court for sentencing April 26.
The elder Deegan remains free on bail as he awaits his trial.
John Deegan, 54, who was indicted by a federal grand jury on two counts of possession of child pornography, will return to federal court March 16 when his new trial date is scheduled, said Thom Mrozek, spokesman for the United States Attorney's Office.
Charged with Deegan was his 27-year-old son, Jonathon Deegan, who pleaded guilty to the same counts last month and who was immediately taken into custody.
Federal investigators first came to suspect the younger Deegan - who had no previous criminal history - of trading pornographic pictures and videos on the Internet, according to court documents.
When FBI agents served a search warrant at the Long Beach home he shared with his father, they found 600 images on his computer of children, some as young as 4 years old, involved in sex acts with adults. They also found alleged child pornography on his father's computer, court documents show.
Father and son turned themselves in to authorities Oct. 5 and were released on $10,000 bond each.
The elder Deegan - a 22-year veteran of the Los Angeles Police Department - was placed on administrative leave in March when the department was notified of the FBI's investigation. He had been assigned to the Central Division's Patrol Unit, LAPD officials said.
If the elder Deegan is convicted, he faces the possibility of up to 10 years in federal prison and a $250,000 fine, plus lifetime supervised release and having to register as sex offenders. His son faces a similar sentence.
FBI investigators were able to identify some of the children, none of whom are local, and although the Deegans are not suspected of contacting the children, federal prosecutors are also seeking $1 million in restitution for the victims.
The younger Deegan is scheduled to return to federal court for sentencing April 26.
The elder Deegan remains free on bail as he awaits his trial.
Former Officer Randy Anderson Sentenced for Pointing Weapon at Singer Steve Holy
A former Dallas police officer who pointed a gun at country music singer Steve Holy during an off-duty night of drinking is going to jail for 45 days.
Randy Anderson, 27, was sentenced Wednesday as part of a deferred adjudication probation. He won't have a conviction if he successfully completes his probation for aggravated assault. Anderson and his attorney declined to comment.
Another former officer was charged aggravated assault but his trial date has not been set.
The confrontation occurred in 2007, after Holy invited the officers to his home after a nearby bar closed. An argument ensued and Anderson pulled the gun. Anderson testified at trial that he only pulled his gun after Holy acted aggressively.
___
Information from: The Dallas Morning News, http://www.dallasnews.com
Randy Anderson, 27, was sentenced Wednesday as part of a deferred adjudication probation. He won't have a conviction if he successfully completes his probation for aggravated assault. Anderson and his attorney declined to comment.
Another former officer was charged aggravated assault but his trial date has not been set.
The confrontation occurred in 2007, after Holy invited the officers to his home after a nearby bar closed. An argument ensued and Anderson pulled the gun. Anderson testified at trial that he only pulled his gun after Holy acted aggressively.
___
Information from: The Dallas Morning News, http://www.dallasnews.com
Former Officer Robert Forman Accused of Using Badge to Get Sex
Robert Forman said the incident was mutual and denied being sexually involved with two other accusers.
Forman is charged with three felonies, including sexual battery and oral copulation under the color of authority. If convicted, he could face up to 19 years in prison.
Forman described himself as a good cop while testifying in his own defense, but said he had violated certain Riverside Police Department policies, becoming complacent and lazy. At times, he failed to record interviews and to inform the station of his whereabouts. He paid one of his accusers $10 for information about drug activity in Riverside, pulling the money from his personal bank account.
He said he had oral sex with a woman shortly after investigating her for a crime, and he gave his personal cell phone number to people while on duty, including one of his accusers.
Forman cried on the witness stand, saying the situation had been a learning experience and had cost him his career, damaged the reputation of the department and hurt his family.
"I know how it looks," Forman said. "This is my time to tell what happened, so I'm here today telling you exactly what happened."
The officer of 11 years said he was not proud of his conduct but that he did not use his badge for sexual favors.
He explained that one prostitute was in his patrol car because he was giving her a ride. He denied helping the same woman steal $100 from one of her clients when she got into Forman's patrol car after failing to perform a sex act on the client.
Forman testified that when investigating a possible check fraud case in April 2008, he returned to the home where the operation was allegedly taking place without telling a fellow officer he was training.
"She asked if I'd come back and help her get these people out of here," Forman said. He cleared the home and looked in the bedroom closet to see if anyone was inside.
"She told me that it was a fantasy of hers, that she always wanted to be with a police officer in a sexual nature," Forman said.
Forman said the woman then led him to the bed and sat him down and began to have oral sex with him.
"She walked me outside and said that next time I came back, she wants to have sex with me," Forman testified.
The woman told investigators that Forman demanded sex from her or she would be arrested.
Forman is expected to continue testifying today.
Officer Jason Bandy Arrested for Urinating on Bar Floor
Jason Bandy was charged with second-degree breach of peace, interfering with an officer and disorderly conduct.
New Haven Police's Internal Affairs division is also investigating this incident. Bandy is currently on administrative duty pending the outcome of an internal investigation.
"The New Haven Police Department takes any incident involving possible misconduct by an officer very seriously as we expect officers to serve as role models to the community," Chief James Lewis said.
Bandy allegedly refused to leave the Center Street Lounge on Oct. 30. Police say he urinated in the floor in front of a female bouncer and later showed his badge and said, "Do you know who I am?"
Youtube video:
http://www.youtube.com/watch?v=OT03mSlHfyA
Officer Adam Stoddard Ordered to Jail
A Maricopa County Sheriff's detention officer ordered to report to jail on Tuesday is now in custody, according to officials.
MCSO spokesperson Douglas Matteson said Detention Officer Adam Stoddard self-surrendered at approximately 6 p.m. Tuesday and is now in a MCSO jail.
A judge had ordered Stoddard to apologize to a Phoenix attorney Monday night to avoid jail time, but he refused.
Stoddard was found in contempt of court for walking up to an attorney's desk in a Phoenix courtroom and removing a document from files sitting on the desk.
"My officer will go to jail; we'll appeal it," Arpaio said on Tuesday afternoon. "I'm very angry about this."
Stoddard had until midnight to report to the jail; otherwise, a warrant was expected to be issued for his arrest.
"For political reasons, he was thrown to the wolves," Arpaio added.
On Monday night, Stoddard spoke with the media, clarifying his motivation in the October 19 incident.
I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
It was a split second decision and I do not regret my actions.
Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.
Courtroom video recorded Stoddard's actions during the sentencing of an inmate in October.
In the video, you can see Stoddard walk up behind the public defender and touch her paperwork.
About 30 seconds later, Stoddard calls another officer over and takes a piece of paper.
You can hear the public defender, Joanne Cuccia, say in confusion, "Would you excuse me for a moment?"
That's when Cuccia starts defending herself saying all of the paperwork she got from her client was through jail mail.
"I want to know what they took and what's going on," Cuccia says.
Several times, you can hear the judge asking what happened.
"But you don't get to do that," Cuccia says.
Stoddard had until Monday to comply with a judge's orders.
Cuccia was at the courthouse Monday night as Stoddard read his statement to the media.
With her attorney, Craig Mehrens at her side, Cuccia expressed her shock that Stoddard didn't apologize for his actions.
"I was surprised," said Cuccia. "We came down here for an apology and we didn't get that, what are going to do?" Cuccia said before she was escorted from the media by Mehrens.
Stoddard was required to report to jail on December 1 unless the conditions set by the judge were met.
Those conditions were:
1) On or before November 30th, 2009, at a time convenient for Ms. Cuccia, a news conference to take place in the plaza on the north side of the central court building where he is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation.
2) If at the news conference, Ms. Cuccia does not state that the apology is sufficient, Stoddard will report to the jail on December 1, 2009 and be detained until further order upon a finding that he has complied with the purge clause.
"She's going to decide if Officer Stoddard is going to go to jail on December 1st? You know what? That's nuts. That's absolutely nuts," said deputy county attorney Tom Liddy.
Maricopa County Sheriff Joe Arpaio responded to the ruling on November 18, saying Superior Court judges do not order his staff to hold press conferences.
"I decide who holds press conferences and when they are held regarding this Sheriff’s Office," Arpaio said. "My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation."
Earlier this month, Stoddard explained to a judge why he took the document.
The deputy said four key words on the paperwork made him decide to take it and make copies.
He said the words were 'going to,' 'steal' and 'money.'
The deputy also said he decided to take the paperwork because he hadn't had a chance to search it before the trial.
In a written statement, MCSO officials earlier said their officers have the right to search for contraband.
But the video reveals that the only thing taken was paperwork.
MCSO spokesperson Douglas Matteson said Detention Officer Adam Stoddard self-surrendered at approximately 6 p.m. Tuesday and is now in a MCSO jail.
A judge had ordered Stoddard to apologize to a Phoenix attorney Monday night to avoid jail time, but he refused.
Stoddard was found in contempt of court for walking up to an attorney's desk in a Phoenix courtroom and removing a document from files sitting on the desk.
"My officer will go to jail; we'll appeal it," Arpaio said on Tuesday afternoon. "I'm very angry about this."
Stoddard had until midnight to report to the jail; otherwise, a warrant was expected to be issued for his arrest.
"For political reasons, he was thrown to the wolves," Arpaio added.
On Monday night, Stoddard spoke with the media, clarifying his motivation in the October 19 incident.
I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
It was a split second decision and I do not regret my actions.
Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.
Courtroom video recorded Stoddard's actions during the sentencing of an inmate in October.
In the video, you can see Stoddard walk up behind the public defender and touch her paperwork.
About 30 seconds later, Stoddard calls another officer over and takes a piece of paper.
You can hear the public defender, Joanne Cuccia, say in confusion, "Would you excuse me for a moment?"
That's when Cuccia starts defending herself saying all of the paperwork she got from her client was through jail mail.
"I want to know what they took and what's going on," Cuccia says.
Several times, you can hear the judge asking what happened.
"But you don't get to do that," Cuccia says.
Stoddard had until Monday to comply with a judge's orders.
Cuccia was at the courthouse Monday night as Stoddard read his statement to the media.
With her attorney, Craig Mehrens at her side, Cuccia expressed her shock that Stoddard didn't apologize for his actions.
"I was surprised," said Cuccia. "We came down here for an apology and we didn't get that, what are going to do?" Cuccia said before she was escorted from the media by Mehrens.
Stoddard was required to report to jail on December 1 unless the conditions set by the judge were met.
Those conditions were:
1) On or before November 30th, 2009, at a time convenient for Ms. Cuccia, a news conference to take place in the plaza on the north side of the central court building where he is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation.
2) If at the news conference, Ms. Cuccia does not state that the apology is sufficient, Stoddard will report to the jail on December 1, 2009 and be detained until further order upon a finding that he has complied with the purge clause.
"She's going to decide if Officer Stoddard is going to go to jail on December 1st? You know what? That's nuts. That's absolutely nuts," said deputy county attorney Tom Liddy.
Maricopa County Sheriff Joe Arpaio responded to the ruling on November 18, saying Superior Court judges do not order his staff to hold press conferences.
"I decide who holds press conferences and when they are held regarding this Sheriff’s Office," Arpaio said. "My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation."
Earlier this month, Stoddard explained to a judge why he took the document.
The deputy said four key words on the paperwork made him decide to take it and make copies.
He said the words were 'going to,' 'steal' and 'money.'
The deputy also said he decided to take the paperwork because he hadn't had a chance to search it before the trial.
In a written statement, MCSO officials earlier said their officers have the right to search for contraband.
But the video reveals that the only thing taken was paperwork.
Rookie Deputy Arturo Ramirez Arrested for Domestic Violence
A rookie Palm Beach County Sheriff's deputy is on paid administrative leave after he was arrested Sunday on a misdemeanor battery charge, authorities confirmed today.
Arturo Ramirez, 21, was booked after deputies responded around 5:30 a.m. Sunday to Ramirez's Lake Park home for a report of domestic violence between him, his wife, and his wife's friend, sheriff's spokeswoman Teri Barbera said today.
Ramirez left jail 1-1/2 hours later on supervised release, records show.
The deputy was hired in January, Barbera said.
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