Monday, August 01, 2022

Ex-Oklahoma judge won't be charged with Sexual Misconduct

 A special prosecutor said he won't bring charges against a former Oklahoma judge accused of sexual misconduct with several women, including two prosecutors who practiced in his court.

District Attorney Jason Hicks confirmed last week there wasn't enough evidence to support criminal charges against former Oklahoma County Judge Tim Henderson, 63, The Oklahoman newspaper reported. Henderson abruptly resigned last year after being accused of sexual misconduct.

"In this investigation, it is crystal clear that Henderson preyed on young women whom he believed would respond in his favor," Hicks said in a statement to the newspaper. "His actions generally started with emails, text messages, and an acknowledgment that he was willing and could help them with their careers.

"It is obvious that he violated the trust of the public, and our profession, and as such should never be allowed to practice law again."

The married judge later acknowledged having a sexual relationship with two prosecutors, but insisted both were consensual. At least five women came forward during the investigation, including a sheriff's deputy.

Hicks was named a special prosecutor in May 2021 after Oklahoma County District Attorney David Prater disqualified his office.

Henderson was in good spirits after learning of the decision, his attorney, Tracy Schumacher, told the newspaper.

"This was a very expensive investigation for taxpayers that should have been conducted by the Oklahoma Bar Association," she added.

It's not clear how many criminal cases presided over by Henderson could be affected by the scandal. The Oklahoma Court of Criminal Appeals last month granted a new trial in a drug trafficking case, and a decision is expected soon in a murder case.

Henderson has presided over a number of high-profile criminal trials in recent years, including that of ex-Oklahoma City police officer Daniel Holtzclaw, who Henderson sentenced to life in prison in 2016 after he was convicted of raping and sexually victimizing women while on his beat in Oklahoma City.

Thursday, July 28, 2022

California police sergeant resigned after engaging in oral sex on duty

 A Pismo Beach Police Department sergeant resigned last month after engaging in oral sex while on duty, among other violations, according to documents obtained by The Tribune.

Adrian Souza had worked for the agency for about 14 years, and served as a sergeant for about three years.

According to a report by the police department’s Internal Affairs Division, which the Tribune obtained via a public records request , Souza engaged in consensual oral sex at least three times while on duty.

He also sent sexually explicit messages, photos and videos via text and Facebook while on the job, including a photo of his penis sticking outside his police uniform pants and a suggestive video of himself unzipping his pants while in full uniform, the documents show.

According to the Internal Affairs report, Souza began a consensual on-and-off dating relationship with a woman a few weeks after Souza pulled her over for not wearing a seat belt in July 2020.

A few weeks after the traffic stop, the two reportedly ran into each other while the woman, who is identified as a local journalist in the report, was reporting on a water rescue in Shell Beach.

The woman told investigators she sent Souza wine and her personal cell phone number, which was on her business card, to thank him for letting her go with a warning during the traffic stop.

Souza told investigators that he did not receive wine, only a thank you card.

Souza and the woman began texting, then dated on and off until April 2021, according to the report. The two continued to text until June 2021.

While they were dating, the two mostly met while Souza was off-duty, but had some on-duty encounters at Jenkins Middle School in Pismo Beach and the Shell Beach tennis courts, both parties told investigators.

Souza told investigators that he and the woman kissed and chatted briefly during their on-duty meetings. But the woman said they would “make out,” engage in heavy petting and on some occasions Souza would stimulate her with his fingers, according to the report.

The two kept in touch after their break up, despite Souza having a new girlfriend in June 2021, the report said.

The complaint the woman sent to the Pismo Beach Police Department alleges she and Souza met four times between November and January. During those encounters, she said, Souza would receive oral sex while on duty, in full uniform and driving a marked police vehicle.

“While I expect better behavior of myself for doing such a shameful act with a taken man, I know you expect your officers to hold themselves to the highest standard of honor and service,” the woman said in the complaint.

The Internal Affairs investigation found a total of 20 potential violations of the city of Pismo Beach’s personnel rules and regulations and the Pismo Beach Police Department’s policy manual, 13 of which were sustained.

Souza was sent a notice of termination on May 25 after the three-month investigation concluded. He resigned from the department on June 10 before his termination could take effect.

“The city of Pismo Beach has made available redacted records pertaining to former Sergeant Souza, consistent with California law,” Jorge Garcia, Pismo Beach assistant city manager, wrote in an email to The Tribune. “These records and related investigation materials indicate that the former officer engaged in inappropriate conduct while on duty with a consenting adult partner.”

“When first alerted to this conduct, the city took action within hours and proceeded to conduct a lengthy and thorough investigation,” Garcia wrote. “The sergeant is no longer a member of the Pismo Beach Police Department as he chose to resign prior to the conclusion of the disciplinary process.”

As of midday Thursday, Souza had not been charged with a crime related to his on-duty conduct.