An ambulance driver who was at the heart of a traffic stop that led to a scuffle between a state trooper and a paramedic believes the officer should be reassigned elsewhere.
Paul Franks said Trooper Daniel Martin should be reassigned to the Panhandle or to southeastern Oklahoma's Little Dixie.
Though Martin lives north of Okemah and patrols the Okfuskee County area, he works for the Oklahoma Highway Patrol's Troop D, which is based in McAlester, the reputed capital of "Little Dixie."
Troop D covers Okfuskee, Seminole, Hughes, Pittsburg, Latimer and LeFlore counties.
On Wednesday, the OHP announced it had suspended Martin for five days without pay for "conduct unbecoming an officer" in connection with a May 24 traffic stop of a Creek Nation ambulance, driven by Franks.
The suspension is in effect through next Tuesday.
Martin had stopped the ambulance at Paden after he thought Franks had made an obscene finger gesture, which the trooper felt was an "act of defiance."
Franks denied ever making such a gesture.
A few minutes earlier, on U.S. 62 east of Paden, Martin had encountered the ambulance, which was taking a woman from Boley to the hospital in Prague. The ambulance was not running with its emergency lights or siren.
Martin's cruiser, however, had its lights and siren on, and he was heading to an officer-needing-assistance call on a stolen-car report at Paden.
The ambulance didn't immediately yield to Martin's car, prompting a radio-to-radio warning from Martin that the ambulance crew should be more observant.
Once he was at Paden, Martin saw the ambulance pass by and decided to give chase after he thought the driver made the gesture.
As Martin approached Franks at the stop to discuss the earlier failure to yield and the supposed gesture, paramedic Maurice White Jr. came out of the ambulance.
White repeatedly told Martin that they were taking a woman to the hospital, and asked if they could continue the dispute there.
But Martin told White to back off, and then tried twice to arrest White for obstructing an officer. Those two arrest attempts led to two scuffles between the pair.
Much of the incident — which led to a national furor — was captured on cell-phone video by one of the patient's family members, who was following the ambulance.
The OHP also released the video from Martin's dashboard camera.
In its ruling on Martin, the OHP said Martin had probable cause to stop the ambulance for failure to yield, and he was justified in trying to arrest White.
However, the OHP said Martin should have allowed the ambulance to go to the hospital once he learned a patient was on board.
The patrol took aim, though, at Martin's demeanor and language in dealing with Franks, which it called "unprofessional and contrary to what is expected of an Oklahoma Highway Patrol trooper."
Reflecting on his encounter with Martin, Franks said Thursday, "I was basically shocked and surprised by the entire incident.
"I never saw anything like it in my life. I'm still amazed by what happened," said Franks, 48, who has been an emergency medical technician for a year.
Before becoming an EMT, Franks said, he operated a small convenience store in Okemah, and "I never had a bad dealing with an officer until then. Ever."
After the scuffles between Martin and White, the ambulance was allowed to continue to the hospital. White was never arrested; Franks was given a warning for failure to yield.
Franks said he should never have received the warning because the entire stop was built on the supposed gesture.
"A person can give the finger with both hands — not that I ever would. That's not illegal. It's free speech."
Franks was noncommittal on whether the OHP went far enough in disciplining Martin.
He said he just felt that in addition to the suspension, Martin should patrol some other area.
One thing he knows for certain, the entire controversy won't go away anytime soon.
Pointing out that White has already filed a lawsuit against Martin in federal court, Franks said the saga will drag on for some time.
"I'll probably be subpoenaed, past records will be called up, and things will get ugly," Franks said.
___________________
YouTube Video: http://www.youtube.com/watch?v=KluItc365hU
Showing posts with label Above the Law. Show all posts
Showing posts with label Above the Law. Show all posts
Friday, July 24, 2009
Saturday, July 11, 2009
Deputy Ian Quick Arrested for Burglary
The following is a press release from the Pinal County Sheriff's Office:
On July 10, 2009 Pinal County Sheriff’s Office investigators arrested Pinal County Sheriff’s Office Deputy Ian Quick for charges relating to residential burglary and theft of property in the Florence area reported to the Sheriff’s Office on July 08, 2009.
On June 10, 2009 at approximately 10:00 p.m. deputies were called to the 27000 block of North Aladdin Road in Florence regarding a possible burglary in progress.
When deputies arrived on scene they were approached by a male subject who they immediately recognized as Deputy Ian Quick. Deputy Quick told responding deputies he had permission to be on the property and was picking up some corral panels. Responding deputies inquired as to why Deputy Quick was on the property so late in the evening and he informed them it was his day off and that he had a sick family member at home and was not able to leave the residence any earlier. Deputies reported they had no reason to believe Deputy Quick’s story was not legitimate and cleared the scene.
On July 08, 2009 the victim contacted the Sheriff’s Office to report that several corral panels had been stolen from the residence. The victim reported the panels were valued at more than $2,000. The victim told investigators that Deputy Quick did not have permission to be on her property nor did he have permission to retrieve the panels. She advised she and her husband spoke with Dep. Quick, who denied taking the panels.
After receiving the report from the former resident of the property, Sheriff’s Office Property Crimes investigators opened a criminal investigation into the burglary and theft of the corral panels and Deputy Quick was placed on paid administrative leave.
“Nobody is above the law. I want the public to understand I will not tolerate nor give special treatment to anyone, including my own deputies,” said Sheriff Paul Babeu. “I am confident we have handled this investigation well and justice will be served.”
After conducting their investigation including several interviews, Sheriff’s Office investigators arrested Deputy Ian Quick. Deputy Quick was booked into the Pinal County Adult Detention Facility on charges of burglary and theft. Deputy Quick was released on his own recognizance and ordered to appear in front of Judge Lusk in Apache Junction at the end of July.
Sheriff Paul Babeu commented, “Though it troubles me that a deputy would commit these crimes, we cannot allow his actions to bring discredit to the dedication and commitment of the many men and women of the Pinal County Sheriff’s Office who are honorable servants and protectors.”
__________________________
Other Information: http://www.zwire.com/site/news.cfm?newsid=20345136&BRD=1817&PAG=461&dept_id=222089&rfi=6
Thursday, May 14, 2009
Former Officer Carl Beckman Receives 3-Year Sentence
He went from putting people behind bars to being behind bars himself.
Former Sylvania officer Carl Beckman received a 3-year sentence Thursday.
Beckman was one of the oldest officers in the Sylvania Police Department. The detective assigned to the case knew him for years, and was stunned. Why?
Because Beckman was the one who trained him.
"It's probably been one of my worst cases I've had to investigate when you have to investigate your own fellow officers," said Mike Yunker of the Sylvania Police Department.
Beckman worked court security at Sylvania Municipal Court by himself. For the last 13 years he embezzled money from the property room.
"In the past, he may have taken money out of the newer cases to pay for some of the older cases," said Yunker.
No one noticed that he stole the money seized in drug cases over time. The tally was nearly $30,000.
"We understand he is behind on some payments with some things. But he didn't live a lavish lifestyle," Yunker said. "Those in public trust have to uphold the law and do what they're sworn to do by their oath."
Now Beckman is left explaining himself to the judge after pleading guilty to theft in office.
"I want to apologize to the court and the citizens of Sylvania, the city I served for 36 years."
Beckman's attorney asked for probation, saying police officers in prison are a target to other inmates.
But the judge issued a three year sentence, showing that no one is above the law.
Former Sylvania officer Carl Beckman received a 3-year sentence Thursday.
Beckman was one of the oldest officers in the Sylvania Police Department. The detective assigned to the case knew him for years, and was stunned. Why?
Because Beckman was the one who trained him.
"It's probably been one of my worst cases I've had to investigate when you have to investigate your own fellow officers," said Mike Yunker of the Sylvania Police Department.
Beckman worked court security at Sylvania Municipal Court by himself. For the last 13 years he embezzled money from the property room.
"In the past, he may have taken money out of the newer cases to pay for some of the older cases," said Yunker.
No one noticed that he stole the money seized in drug cases over time. The tally was nearly $30,000.
"We understand he is behind on some payments with some things. But he didn't live a lavish lifestyle," Yunker said. "Those in public trust have to uphold the law and do what they're sworn to do by their oath."
Now Beckman is left explaining himself to the judge after pleading guilty to theft in office.
"I want to apologize to the court and the citizens of Sylvania, the city I served for 36 years."
Beckman's attorney asked for probation, saying police officers in prison are a target to other inmates.
But the judge issued a three year sentence, showing that no one is above the law.
Friday, April 10, 2009
Phoenix Police Raid Bloggers Home
In what should send a frightening chill down the spine of every blogger, writer, journalist and First Amendment advocate in the United States, Phoenix police raided the home of a blogger who has been highly critical of the department.
Jeff Pataky, who runs Bad Phoenix Cops, said the officers confiscated three computers, routers, modems, hard drives, memory cards and everything necessary to continue blogging.
The 41-year-old software engineer said they also confiscated numerous personal files and documents relating to a pending lawsuit he has against the department alleging harassment - which he says makes it obvious the raid was an act of retaliation.
Maricopa County Judge Gary Donahoe signed the search warrant that allowed at least ten cops to raid his home in North Phoenix on March 12 while handcuffing his female roommate for three hours as they tore the place apart.
Pataky, who was out of town on a business trip during the raid, also believes police were retaliating against him for the content of his blog, much of it which comes from inside sources within the department.
“They broke into my safe and took the backups of my backups,” he said in a phone interview with Photography is Not a Crime on Wednesday.
“I can’t even file my taxes because all my business plans are gone. They took everything.”
The search warrant lists “petty theft” and “computer tampering with the intent to harass” as probable causes. He has yet to see an actual affidavit that lists in detail the probable cause and is skeptical that one even exists.
“They say everything has been sealed,” he said.
The conflict between Pataky and the Phoenix Police Department began two years ago during “a nasty divorce” after moving out of the house he had shared with his wife. His said she was not taking the divorce too well and began filing false allegations against him accusing him of stalking and harassing her.
Many of the reports she filed accused him of doing things when he was out of town, he said.
So he began filing complaints with everybody from Phoenix Mayor Phil Gordon down to Phoenix Police Chief Jack Harris to no avail. He was eventually indicted for harassing his ex-wife.
A month before the trial, he and a few friends launched the website as a rant against the police department. When he went to trial in May 2008, his charges were immediately dismissed because of lack of evidence, he said.
“We were going to shut down the website after that but then all of a sudden all these good cops started hitting the site and sending us tips,” he said.
He said they would also deliver all kinds of internal documents from within the department exposing everything from a cop with multiple DUIs to another cop whose son was a child molester and was trying to get on the force (and was eventually arrested).
“We have about 50 to 100 retired and active cops who provide us information,” he said.
Police apparently believe one of the tipsters is an officer named David Barnes, who fell out of favor with the department in 2007 when he was a detective and went public with claims of mismanaged evidence at the city crime lab.
Police also raided Barnes’ home and according to Pataky’s inside sources, plan to raid the homes of more cops.
Police have been extremely vague about the nature of the raids, according to the arizona republic.
Police officials said Wednesday that a Phoenix detective prompted the investigation after complaining about harassment, though they declined further comment…
Phoenix Assistant Chief Andy Anderson said the harassment case is unique because of the connection to an unaccredited grassroots Web site. He said the blog is one part of the case, though he did not provide specifics of the ongoing investigation.
“This isn’t about the blog,” Anderson said. “That’s just where the investigation led.”
The allegation of “petty theft” against Pataky stem from photos he posted on his blog of police name plates that appear to have been taken from within the department. He said he actually made the plates himself.
The allegation of “computer tampering with the intent to harass” obviously has to do with his no holds barred criticism of the department.
Pataky, who has since purchased a new laptop, is taking the raid in stride and has added it to the allegations in his pending lawsuit.
And he has not let it stop him from blogging.
“They thought they were going to scare us into a corner but they just made us stronger.”
_____________________
http://www.informationliberation.com/?id=26697
Jeff Pataky, who runs Bad Phoenix Cops, said the officers confiscated three computers, routers, modems, hard drives, memory cards and everything necessary to continue blogging.
The 41-year-old software engineer said they also confiscated numerous personal files and documents relating to a pending lawsuit he has against the department alleging harassment - which he says makes it obvious the raid was an act of retaliation.
Maricopa County Judge Gary Donahoe signed the search warrant that allowed at least ten cops to raid his home in North Phoenix on March 12 while handcuffing his female roommate for three hours as they tore the place apart.
Pataky, who was out of town on a business trip during the raid, also believes police were retaliating against him for the content of his blog, much of it which comes from inside sources within the department.
“They broke into my safe and took the backups of my backups,” he said in a phone interview with Photography is Not a Crime on Wednesday.
“I can’t even file my taxes because all my business plans are gone. They took everything.”
The search warrant lists “petty theft” and “computer tampering with the intent to harass” as probable causes. He has yet to see an actual affidavit that lists in detail the probable cause and is skeptical that one even exists.
“They say everything has been sealed,” he said.
The conflict between Pataky and the Phoenix Police Department began two years ago during “a nasty divorce” after moving out of the house he had shared with his wife. His said she was not taking the divorce too well and began filing false allegations against him accusing him of stalking and harassing her.
Many of the reports she filed accused him of doing things when he was out of town, he said.
So he began filing complaints with everybody from Phoenix Mayor Phil Gordon down to Phoenix Police Chief Jack Harris to no avail. He was eventually indicted for harassing his ex-wife.
A month before the trial, he and a few friends launched the website as a rant against the police department. When he went to trial in May 2008, his charges were immediately dismissed because of lack of evidence, he said.
“We were going to shut down the website after that but then all of a sudden all these good cops started hitting the site and sending us tips,” he said.
He said they would also deliver all kinds of internal documents from within the department exposing everything from a cop with multiple DUIs to another cop whose son was a child molester and was trying to get on the force (and was eventually arrested).
“We have about 50 to 100 retired and active cops who provide us information,” he said.
Police apparently believe one of the tipsters is an officer named David Barnes, who fell out of favor with the department in 2007 when he was a detective and went public with claims of mismanaged evidence at the city crime lab.
Police also raided Barnes’ home and according to Pataky’s inside sources, plan to raid the homes of more cops.
Police have been extremely vague about the nature of the raids, according to the arizona republic.
Police officials said Wednesday that a Phoenix detective prompted the investigation after complaining about harassment, though they declined further comment…
Phoenix Assistant Chief Andy Anderson said the harassment case is unique because of the connection to an unaccredited grassroots Web site. He said the blog is one part of the case, though he did not provide specifics of the ongoing investigation.
“This isn’t about the blog,” Anderson said. “That’s just where the investigation led.”
The allegation of “petty theft” against Pataky stem from photos he posted on his blog of police name plates that appear to have been taken from within the department. He said he actually made the plates himself.
The allegation of “computer tampering with the intent to harass” obviously has to do with his no holds barred criticism of the department.
Pataky, who has since purchased a new laptop, is taking the raid in stride and has added it to the allegations in his pending lawsuit.
And he has not let it stop him from blogging.
“They thought they were going to scare us into a corner but they just made us stronger.”
_____________________
http://www.informationliberation.com/?id=26697
Wednesday, April 01, 2009
Police Brutality Continues Unabated
On TV and in the movies, we often see the internal affairs division as no nonsense, hard noses willing to take down even good cops when they cross the line. But unlike TV and movies, in Fort Lauderdale the internal affairs division can look at something like the Joshua Ortiz tape, where after being pushed into a corner, a second cop comes from outside the action with a punch to the face and say this was not excessive force.
In this day and age where many police carry Tasers and or mace, I really don't see a haymaker to a smaller guy that's already pinned to the corner as acceptable. It's completely reprehensible that this type of behavior is not only not punished, it's condoned.
When people see that an innocent person can be savagely beaten by multiple police and then arrested for being beaten, you lead to an environment where people lose respect for the badge or the police officer wearing it.
Too often the rally cry is sent out, "Oh it's a dangerous job" or "They have to deal with crazy people all the time."
Many police departments like to tout themselves as "professionals." I don't see assault as professional behavior, nor do I accept that those that allow it to go unpunished can be called professional, either. I think the easiest way to let the public know what they're really in store for is to change the popular logo "To serve and protect" to something a little more honest like "To harass and batter."
In this day and age where many police carry Tasers and or mace, I really don't see a haymaker to a smaller guy that's already pinned to the corner as acceptable. It's completely reprehensible that this type of behavior is not only not punished, it's condoned.
When people see that an innocent person can be savagely beaten by multiple police and then arrested for being beaten, you lead to an environment where people lose respect for the badge or the police officer wearing it.
Too often the rally cry is sent out, "Oh it's a dangerous job" or "They have to deal with crazy people all the time."
Many police departments like to tout themselves as "professionals." I don't see assault as professional behavior, nor do I accept that those that allow it to go unpunished can be called professional, either. I think the easiest way to let the public know what they're really in store for is to change the popular logo "To serve and protect" to something a little more honest like "To harass and batter."
Tuesday, March 24, 2009
Deputy Accused of Writing Ticket While Woman Dies
A Tennessee man who was rushing his 83 year-old mother to a hospital says a sheriff's deputy stopped him for an expired tag and wrote up the ticket while the man's mother died in the back seat.
Wayne Ables said he was stopped on March 12, 2009. Ables said his mother Vernice Ables suffered from chronic obstructive pulmonary disease and stopped breathing during the traffic stop.
He asked the unidentified deputy to follow him to Saint Francis Hospital-Bartlett, less than a mile away, and write the ticket there. The deputy refused, instead calling an ambulance while at the same time checking Ables' license and insurance.
The incident is under investigation, according to reports.
Wayne Ables said he was stopped on March 12, 2009. Ables said his mother Vernice Ables suffered from chronic obstructive pulmonary disease and stopped breathing during the traffic stop.
He asked the unidentified deputy to follow him to Saint Francis Hospital-Bartlett, less than a mile away, and write the ticket there. The deputy refused, instead calling an ambulance while at the same time checking Ables' license and insurance.
The incident is under investigation, according to reports.
Saturday, March 21, 2009
Complaints Against Officers for Excessive Force Rarely Upheld
FORT LAUDERDALE
Suspects have complained over the years that Fort Lauderdale police are too rough, city records show. But in the last eight years, not one of those citizen complaints was upheld by investigators, or led to discipline of an officer.
All complaints lodged against Fort Lauderdale police since 2001 for excessive or unnecessary use of force were thrown out by internal affairs investigators, or were closed because the person making the complaint didn't follow up, the city's records show and officials confirmed. The agency couldn't easily retrieve records prior to 2001 because they're not electronic.
Fort Lauderdale's records show many complaints aren't fully investigated. Internal Affairs officials read the arrest reports and close many cases without getting sworn statements or launching a full probe.
Experts said it's not unusual for the vast majority of excessive force complaints to be closed in favor of law enforcement officers. The trend holds true at Broward Sheriff's Office and Palm Beach County Sheriff's Office, where few complaints led to officer punishment.
In Fort Lauderdale, the brutality track record for officers was perfect, according to the Internal Affairs files. That agency is in the spotlight after a videotape was made public this month showing police officers manhandling a 22-year-old Sunrise man in an elevator. One officer punched Joshua Daniel Ortiz in the face, breaking his nose in the Dec. 5 altercation in a downtown Fort Lauderdale bank lobby.
Ortiz was facing a charge of felony battery on a law enforcement officer, but Broward prosecutors dropped the charge after reviewing the tapes.
Many viewers were outraged, saying the officers should be punished, particularly after reading the police report that described Ortiz as the aggressor. The case was another in which Fort Lauderdale officers were cleared after a review of the tape and reports, without a full investigation.
Experts say the case is typical because often what's perceived by the public as excessive is ruled to be well within with the rules by police officials. Even videotape doesn't always change the outcome.
Police spokesman Sgt. Frank Sousa said the department's clearing of all brutality complaints shows that "the officers are doing their jobs the way they're supposed to."
"We're not in the business of inviting people over for coffee and tea," Sousa said. "Sometimes you have to pull out a gun and shoot someone."
He said each complaint is taken seriously and those that are fully investigated are also reviewed by an independent citizen's board and the State Attorney's Office.
Sousa himself was caught up in a controversy when a German tourist videotaped him kicking a suspect during an arrest outside a bar in September 2006. He was cleared by Fort Lauderdale police and the State Attorney's Office, but his video continues to draw attention on YouTube. "Perception isn't always reality," Sousa said.
Fort Lauderdale's track record isn't far afield from other agencies.
Tod Burke, a former police officer who teaches criminal justice at Radford University in Virginia, said that nationally, the same is true.
"Very few police brutality complaints are actually sustained," he said. " ... What some people will perceive as police brutality really is not."
The person lodging the complaint is often someone charged with crimes, including battery on a law enforcement officer, or resisting arrest, and might not be seen as credible, experts noted.
Lewis Katz, a law professor at Case Western University, said he thinks "we have a national problem with the use of excessive force." The system of investigating complaints is often heavily weighted in favor of police, he said, so most complaints go away.
The public tends to believe a police officer over a suspect, said Katz.
From 2005 through 2008, the years for which all three agencies provided data, Fort Lauderdale had no sustained cases of the 23 investigated, Broward Sheriff's Office had one sustained case out of 50 complaints against deputies that were investigated, or 2 percent; and Palm Beach County Sheriff's Office sustained 11 complaints out of 199 investigated, or 5.5 percent, a number that also includes complaints against jail deputies.
Ortiz said without the video, he'd be facing up to 20 years in prison. His college plans were delayed by his legal troubles, he said, but he'll be enrolling in college classes this fall.
That night, he said, he was sticking up for his girlfriend. Some strangers picked a fight in the bank lobby, and their acquaintances were involved. Police arrived, and grabbed a friend of his girlfriend's, Ortiz said.
He said the officers were "telling her to shut the 'F' up and 'I'll take your a-- to jail' because she was crying and begging for the cops to give her her friend back."
Ortiz intervened, shouting at officers on her behalf, when they came into the elevator after him.
Ortiz "walked right up to me, hitting his nose to my nose," Officer Derek Lade wrote in his report.
Ortiz didn't think he deserved to be punched, or charged with battery.
"It's a big problem. They have to do something about it. This is crazy," he said Wednesday. "If it wasn't for that tape, I'd be pretty ruined right now ... I still had my hands in my pockets when he came and rushed in to the elevator and started hitting me. There was really just no need for that."
Sousa said a person screaming on the sidelines of a fight is inciting more violence, and adding to the mayhem. He noted that the videotape didn't include audio. Sousa also defended Lade's report about the incident, which said that Ortiz came after him.
That was true, Sousa said, because Ortiz leaned toward Lade in the elevator.
Frank Scafidi, a former sheriff's deputy in Los Angeles County who is director of public affairs at the National Insurance Crime Bureau in Sacramento, said you can't expect police to enforce laws when some people won't do what they're told unless they're forced to. Public opinion is often on the officer's side, he said.
"Most people understand that there are a lot of knot heads in the world," Scafidi said, "and that they will need to get their head cracked now and then if they get crossways with the cops."
Use of force complaints
Database: Complaints against police
Suspects have complained over the years that Fort Lauderdale police are too rough, city records show. But in the last eight years, not one of those citizen complaints was upheld by investigators, or led to discipline of an officer.
All complaints lodged against Fort Lauderdale police since 2001 for excessive or unnecessary use of force were thrown out by internal affairs investigators, or were closed because the person making the complaint didn't follow up, the city's records show and officials confirmed. The agency couldn't easily retrieve records prior to 2001 because they're not electronic.
Fort Lauderdale's records show many complaints aren't fully investigated. Internal Affairs officials read the arrest reports and close many cases without getting sworn statements or launching a full probe.
Experts said it's not unusual for the vast majority of excessive force complaints to be closed in favor of law enforcement officers. The trend holds true at Broward Sheriff's Office and Palm Beach County Sheriff's Office, where few complaints led to officer punishment.
In Fort Lauderdale, the brutality track record for officers was perfect, according to the Internal Affairs files. That agency is in the spotlight after a videotape was made public this month showing police officers manhandling a 22-year-old Sunrise man in an elevator. One officer punched Joshua Daniel Ortiz in the face, breaking his nose in the Dec. 5 altercation in a downtown Fort Lauderdale bank lobby.
Ortiz was facing a charge of felony battery on a law enforcement officer, but Broward prosecutors dropped the charge after reviewing the tapes.
Many viewers were outraged, saying the officers should be punished, particularly after reading the police report that described Ortiz as the aggressor. The case was another in which Fort Lauderdale officers were cleared after a review of the tape and reports, without a full investigation.
Experts say the case is typical because often what's perceived by the public as excessive is ruled to be well within with the rules by police officials. Even videotape doesn't always change the outcome.
Police spokesman Sgt. Frank Sousa said the department's clearing of all brutality complaints shows that "the officers are doing their jobs the way they're supposed to."
"We're not in the business of inviting people over for coffee and tea," Sousa said. "Sometimes you have to pull out a gun and shoot someone."
He said each complaint is taken seriously and those that are fully investigated are also reviewed by an independent citizen's board and the State Attorney's Office.
Sousa himself was caught up in a controversy when a German tourist videotaped him kicking a suspect during an arrest outside a bar in September 2006. He was cleared by Fort Lauderdale police and the State Attorney's Office, but his video continues to draw attention on YouTube. "Perception isn't always reality," Sousa said.
Fort Lauderdale's track record isn't far afield from other agencies.
Tod Burke, a former police officer who teaches criminal justice at Radford University in Virginia, said that nationally, the same is true.
"Very few police brutality complaints are actually sustained," he said. " ... What some people will perceive as police brutality really is not."
The person lodging the complaint is often someone charged with crimes, including battery on a law enforcement officer, or resisting arrest, and might not be seen as credible, experts noted.
Lewis Katz, a law professor at Case Western University, said he thinks "we have a national problem with the use of excessive force." The system of investigating complaints is often heavily weighted in favor of police, he said, so most complaints go away.
The public tends to believe a police officer over a suspect, said Katz.
From 2005 through 2008, the years for which all three agencies provided data, Fort Lauderdale had no sustained cases of the 23 investigated, Broward Sheriff's Office had one sustained case out of 50 complaints against deputies that were investigated, or 2 percent; and Palm Beach County Sheriff's Office sustained 11 complaints out of 199 investigated, or 5.5 percent, a number that also includes complaints against jail deputies.
Ortiz said without the video, he'd be facing up to 20 years in prison. His college plans were delayed by his legal troubles, he said, but he'll be enrolling in college classes this fall.
That night, he said, he was sticking up for his girlfriend. Some strangers picked a fight in the bank lobby, and their acquaintances were involved. Police arrived, and grabbed a friend of his girlfriend's, Ortiz said.
He said the officers were "telling her to shut the 'F' up and 'I'll take your a-- to jail' because she was crying and begging for the cops to give her her friend back."
Ortiz intervened, shouting at officers on her behalf, when they came into the elevator after him.
Ortiz "walked right up to me, hitting his nose to my nose," Officer Derek Lade wrote in his report.
Ortiz didn't think he deserved to be punched, or charged with battery.
"It's a big problem. They have to do something about it. This is crazy," he said Wednesday. "If it wasn't for that tape, I'd be pretty ruined right now ... I still had my hands in my pockets when he came and rushed in to the elevator and started hitting me. There was really just no need for that."
Sousa said a person screaming on the sidelines of a fight is inciting more violence, and adding to the mayhem. He noted that the videotape didn't include audio. Sousa also defended Lade's report about the incident, which said that Ortiz came after him.
That was true, Sousa said, because Ortiz leaned toward Lade in the elevator.
Frank Scafidi, a former sheriff's deputy in Los Angeles County who is director of public affairs at the National Insurance Crime Bureau in Sacramento, said you can't expect police to enforce laws when some people won't do what they're told unless they're forced to. Public opinion is often on the officer's side, he said.
"Most people understand that there are a lot of knot heads in the world," Scafidi said, "and that they will need to get their head cracked now and then if they get crossways with the cops."
Use of force complaints
Database: Complaints against police
Friday, February 20, 2009
Officer Thomas Sanders Alleged Shot Unarmed Man in Back Wants Officers Names Withheld
A Baltimore police officer charged with manslaughter in the fatal shooting of a civilian last year said in court filings that the Police Department's new policy of not releasing names of officers involved in shootings has "reignited" residents' distrust of police and hurts his ability to receive a fair trial.
Officer Thomas Sanders, who is alleged to have shot an unarmed man in the back on Jan. 30, 2008, said in court filings that there "currently exists an extremely volatile climate in Baltimore City in which citizens of Baltimore do not trust the Baltimore Police Department."
He said in the Feb. 4 court filing that the department's policy of not naming officers involved in shootings unless internal investigations determine that they erred has worsened that climate and -- because the department named him -- implies that he is guilty.
He said that makes it difficult for him to obtain a fair jury trial in the city and asked for a change of venue, which prosecutors plan to oppose.
Police declined to comment on the motion, citing a policy against discussing pending litigation. Though the motion is filed by an attorney for the Fraternal Order of Police, the union's president said Friday that the group maintains support for restricting access to the names.
Baltimore police had routinely named officers involved in shootings for decades, but in January, the department adopted a new policy to restrict release of their identities. Police say their new policy is similar to those in New York and other major cities and is designed to prevent retaliation against officers.
Police Commissioner Frederick H. Bealefeld III and other department officials have said they will continue to name officers involved in shootings they find to be unjustified after an internal investigation. When questioned about the policy at a recent City Council hearing, Bealefeld referred to the Sanders case as proof that the department will name names in such instances.
He has cited Sanders' indictment as showing that the department will rigorously investigate police-involved shootings and sanction officers when necessary.
The policy has come under fire from the Maryland branch of the American Civil Liberties Union, the NAACP and some local elected officials, who say it cloaks police activity behind a layer of secrecy and diminishes trust between the department and the community.
"The citizens of Baltimore are entitled to be able to make their own judgments about what the police are doing and how they're doing it, and shouldn't have to rely on the good graces of the city Police Department to keep them informed," said David Rocah, a staff attorney with the ACLU.
"Let's remember: The police work for us. They are not some independent entity to which we are beholden."
The motion by Sanders came to light as details continued to emerge in Tuesday night's fatal shooting of 61-year-old Joseph Forrest in East Baltimore by two police officers.
The Baltimore Sun has learned that one of the officers who shot Forrest had also allegedly been attacked by a second man, the victim's nephew, Joseph Forrest Jr.
Police said the 45-year-old stepped on Officer Traci L. McKissick's hand at the direction of his uncle in an attempt to disarm her. The younger Forrest was arrested at the scene and charged with assault and disarming a law enforcement officer. He remains jailed without bond.
After initial inquiries about the shooting, the younger Forrest's involvement was not disclosed by police, who had limited the release of information in an attempt to prevent McKissick's name from becoming public.
Candles, balloons and teddy bears were placed outside of Forrest's home on North Lakewood Avenue Friday, and a sign in his window reads, "We all miss you."
Forrest's family is questioning why he was shot, reportedly as many as a dozen times, after being struck in the upper body and after McKissick had recovered her weapon.
But relatives were unable to clarify how Forrest, affectionately known as "Uncle Snicker," got into the scuffle in the first place, only offering that he might have reached for her weapon during the scrum because he felt his life was in danger.
Police said they responded to a domestic call in the area, and at some point an officer who came to provide backup saw McKissick being held in a headlock by Forrest.
Relatives say Forrest was not involved in the initial domestic call and had been trying to make peace between others.
McKissick, they say, had been dispatched to the scene, and they accuse her of being rude and cursing at them.
They believed she had left the residence as paramedics treated an injured man and said the incident appeared to have blown over.
Forrest's daughter, 34-year-old Alisa Forrest, said he walked outside to get air, and she claims her father was pushed by McKissick. She ran downstairs and saw McKissick and Forrest on the ground fighting, with both reaching for the gun.
"I see that she has Daddy and Daddy has her," Alisa Forrest said. "They're both reaching for the gun -- he don't want her to shoot him."
She said that McKissick broke free after the backup officer fired at Forrest's upper body and that McKissick proceeded to empty her weapon into Forrest's leg.
"She got up and just started shooting," Alisa Forrest said.
McKissick and the other officer have been placed on administrative leave while the incident is being investigated, a standard practice.
A police source with knowledge of the investigation said detectives believe the backup officer's shot was made at close range and was ultimately the fatal shot. They also believe McKissick fired all of her shots into one of Forrest's legs, in rapid succession, while she was still engaged with the man.
The Sun reported Friday that McKissick, a five-year veteran, was involved four years ago in an incident in which a man who was being placed under arrest broke free and was able to take her gun, which has never been recovered.
Even though the victim and key witness was a city officer, prosecutors dropped the case after questions were raised about whether documents had been altered by police.
Family members said Forrest was a volunteer at nearby William Paca Elementary School and the patriarch and leader of a family that included 15 children and numerous other relatives.
"Everybody in the neighborhood can you tell you this isn't his demeanor," said niece Odessia Bradstreet. "This is not him. It's not something he would do."
____________
http://weblogs.baltimoresun.com/news/crime/blog/2009/02/withholding_names_of_police_wh.html
Officer Thomas Sanders, who is alleged to have shot an unarmed man in the back on Jan. 30, 2008, said in court filings that there "currently exists an extremely volatile climate in Baltimore City in which citizens of Baltimore do not trust the Baltimore Police Department."
He said in the Feb. 4 court filing that the department's policy of not naming officers involved in shootings unless internal investigations determine that they erred has worsened that climate and -- because the department named him -- implies that he is guilty.
He said that makes it difficult for him to obtain a fair jury trial in the city and asked for a change of venue, which prosecutors plan to oppose.
Police declined to comment on the motion, citing a policy against discussing pending litigation. Though the motion is filed by an attorney for the Fraternal Order of Police, the union's president said Friday that the group maintains support for restricting access to the names.
Baltimore police had routinely named officers involved in shootings for decades, but in January, the department adopted a new policy to restrict release of their identities. Police say their new policy is similar to those in New York and other major cities and is designed to prevent retaliation against officers.
Police Commissioner Frederick H. Bealefeld III and other department officials have said they will continue to name officers involved in shootings they find to be unjustified after an internal investigation. When questioned about the policy at a recent City Council hearing, Bealefeld referred to the Sanders case as proof that the department will name names in such instances.
He has cited Sanders' indictment as showing that the department will rigorously investigate police-involved shootings and sanction officers when necessary.
The policy has come under fire from the Maryland branch of the American Civil Liberties Union, the NAACP and some local elected officials, who say it cloaks police activity behind a layer of secrecy and diminishes trust between the department and the community.
"The citizens of Baltimore are entitled to be able to make their own judgments about what the police are doing and how they're doing it, and shouldn't have to rely on the good graces of the city Police Department to keep them informed," said David Rocah, a staff attorney with the ACLU.
"Let's remember: The police work for us. They are not some independent entity to which we are beholden."
The motion by Sanders came to light as details continued to emerge in Tuesday night's fatal shooting of 61-year-old Joseph Forrest in East Baltimore by two police officers.
The Baltimore Sun has learned that one of the officers who shot Forrest had also allegedly been attacked by a second man, the victim's nephew, Joseph Forrest Jr.
Police said the 45-year-old stepped on Officer Traci L. McKissick's hand at the direction of his uncle in an attempt to disarm her. The younger Forrest was arrested at the scene and charged with assault and disarming a law enforcement officer. He remains jailed without bond.
After initial inquiries about the shooting, the younger Forrest's involvement was not disclosed by police, who had limited the release of information in an attempt to prevent McKissick's name from becoming public.
Candles, balloons and teddy bears were placed outside of Forrest's home on North Lakewood Avenue Friday, and a sign in his window reads, "We all miss you."
Forrest's family is questioning why he was shot, reportedly as many as a dozen times, after being struck in the upper body and after McKissick had recovered her weapon.
But relatives were unable to clarify how Forrest, affectionately known as "Uncle Snicker," got into the scuffle in the first place, only offering that he might have reached for her weapon during the scrum because he felt his life was in danger.
Police said they responded to a domestic call in the area, and at some point an officer who came to provide backup saw McKissick being held in a headlock by Forrest.
Relatives say Forrest was not involved in the initial domestic call and had been trying to make peace between others.
McKissick, they say, had been dispatched to the scene, and they accuse her of being rude and cursing at them.
They believed she had left the residence as paramedics treated an injured man and said the incident appeared to have blown over.
Forrest's daughter, 34-year-old Alisa Forrest, said he walked outside to get air, and she claims her father was pushed by McKissick. She ran downstairs and saw McKissick and Forrest on the ground fighting, with both reaching for the gun.
"I see that she has Daddy and Daddy has her," Alisa Forrest said. "They're both reaching for the gun -- he don't want her to shoot him."
She said that McKissick broke free after the backup officer fired at Forrest's upper body and that McKissick proceeded to empty her weapon into Forrest's leg.
"She got up and just started shooting," Alisa Forrest said.
McKissick and the other officer have been placed on administrative leave while the incident is being investigated, a standard practice.
A police source with knowledge of the investigation said detectives believe the backup officer's shot was made at close range and was ultimately the fatal shot. They also believe McKissick fired all of her shots into one of Forrest's legs, in rapid succession, while she was still engaged with the man.
The Sun reported Friday that McKissick, a five-year veteran, was involved four years ago in an incident in which a man who was being placed under arrest broke free and was able to take her gun, which has never been recovered.
Even though the victim and key witness was a city officer, prosecutors dropped the case after questions were raised about whether documents had been altered by police.
Family members said Forrest was a volunteer at nearby William Paca Elementary School and the patriarch and leader of a family that included 15 children and numerous other relatives.
"Everybody in the neighborhood can you tell you this isn't his demeanor," said niece Odessia Bradstreet. "This is not him. It's not something he would do."
____________
http://weblogs.baltimoresun.com/news/crime/blog/2009/02/withholding_names_of_police_wh.html
Sunday, January 25, 2009
Police Brutality
Allegations of police brutality are not new. Every country has its own serious issues on this subject. Police officers are known for having created their own society with its own rules whereby, as if by law, they all cover for, and support each other in times of crisis.
On one level this is good because it gives them additional courage to take on criminals but, on the other, this turns them into a group who think that they live by their own rules and, sometimes, above the law.
Unfortunately, this police belief in their own invincibility, often written into law, leaves citizens feeling unprotected and exposed to all kinds of police brutality.
These Officer should be exposed and held responsible for any form of brutality. Until reform of the justice systems occurs such officers will continue feeling they can operate as if they were invincible.
The Following is a repost from Kendra Anderson. She is a second year magazine production student from Stafford Va http://media.www.thefamuanonline.com/media/storage/paper319/news/2009/01/23/Opinions/Brutality.Reaches.Its.Peak-3595058.shtml
The judicial system is being held under a magnifying glass, as civilians are being abused and killed for unjust reasons. Many police and correction officers are abusing their privileges and taking advantage of their occupation. Officers are supposed to be the people enforcing the law, not abusing it.
Johannes Mehserle, a former Bay Area Rapid Transit Officer, is one of those who decided to take matters into his own hands. According to cnn.com, Mehserle shot and killed 22- year-old Oscar Grant at a BART subway station in Oakland, Calif. on New Year's Day.
Trust is something that many Americans, including myself have always had in the judicial system. Everyone believed that police officers have a duty to promote justice and be advocates for peace.
However, I am not oblivious to the unfair practices that certain officers chose to use on certain groups of people specifically, African-American men.
The wrong doings of many law enforcers are pushed under the rug and most often covered up. As a result, it never reaches the public.
The Director of Amnesty International, Dalia Hashad, said, "The delay in this critical part of the investigation hints at the callousness to the worth of human life to a public that is all too familiar with racial profiling, police brutality and cover-ups."
Mehserle and his attorney expect to, "raise self defense arguments because he was responding to a brawl and no one had been searched for weapons before he arrived at the train station."
The Grant shooting was caught on video and many viewed it on youtube.com including myself. I was baffled while viewing an unarmed black male treated with excessive aggression and later shot in the back. What did Grant do wrong? He was cooperative as he lay facedown on the ground, not knowing that he would never get up.
It's sad to say that race starts to play a factor in wondering why Grant was treated in this manner. Although race is not always the issue when it comes to police brutality, it still does exist whether society wants to recognize it or not.
All police officials do not act in this matter, but a more strict protocol should be enforced so incidents like this will stop occurring. Certain situations cause for police officers to defend themselves and retaliate, but if the person is unarmed and cooperating, how is that justified?
It is police officers job to mediate situations not escalate them. What qualifications allow a police officer to shoot a person? The line between self-defense and manslaughter has become blurred.
Police brutality is an issue, from the Rodney King civil case in Los Angeles to the Martin Lee Anderson case in Florida, and this most recently with Oscar Grant.
Lately, it has been hard to pinpoint who the real criminals are.
On one level this is good because it gives them additional courage to take on criminals but, on the other, this turns them into a group who think that they live by their own rules and, sometimes, above the law.
Unfortunately, this police belief in their own invincibility, often written into law, leaves citizens feeling unprotected and exposed to all kinds of police brutality.
These Officer should be exposed and held responsible for any form of brutality. Until reform of the justice systems occurs such officers will continue feeling they can operate as if they were invincible.
The Following is a repost from Kendra Anderson. She is a second year magazine production student from Stafford Va http://media.www.thefamuanonline.com/media/storage/paper319/news/2009/01/23/Opinions/Brutality.Reaches.Its.Peak-3595058.shtml
The judicial system is being held under a magnifying glass, as civilians are being abused and killed for unjust reasons. Many police and correction officers are abusing their privileges and taking advantage of their occupation. Officers are supposed to be the people enforcing the law, not abusing it.
Johannes Mehserle, a former Bay Area Rapid Transit Officer, is one of those who decided to take matters into his own hands. According to cnn.com, Mehserle shot and killed 22- year-old Oscar Grant at a BART subway station in Oakland, Calif. on New Year's Day.
Trust is something that many Americans, including myself have always had in the judicial system. Everyone believed that police officers have a duty to promote justice and be advocates for peace.
However, I am not oblivious to the unfair practices that certain officers chose to use on certain groups of people specifically, African-American men.
The wrong doings of many law enforcers are pushed under the rug and most often covered up. As a result, it never reaches the public.
The Director of Amnesty International, Dalia Hashad, said, "The delay in this critical part of the investigation hints at the callousness to the worth of human life to a public that is all too familiar with racial profiling, police brutality and cover-ups."
Mehserle and his attorney expect to, "raise self defense arguments because he was responding to a brawl and no one had been searched for weapons before he arrived at the train station."
The Grant shooting was caught on video and many viewed it on youtube.com including myself. I was baffled while viewing an unarmed black male treated with excessive aggression and later shot in the back. What did Grant do wrong? He was cooperative as he lay facedown on the ground, not knowing that he would never get up.
It's sad to say that race starts to play a factor in wondering why Grant was treated in this manner. Although race is not always the issue when it comes to police brutality, it still does exist whether society wants to recognize it or not.
All police officials do not act in this matter, but a more strict protocol should be enforced so incidents like this will stop occurring. Certain situations cause for police officers to defend themselves and retaliate, but if the person is unarmed and cooperating, how is that justified?
It is police officers job to mediate situations not escalate them. What qualifications allow a police officer to shoot a person? The line between self-defense and manslaughter has become blurred.
Police brutality is an issue, from the Rodney King civil case in Los Angeles to the Martin Lee Anderson case in Florida, and this most recently with Oscar Grant.
Lately, it has been hard to pinpoint who the real criminals are.
Wednesday, January 14, 2009
Rage in Law Enforcement Officers Out of Control
Is it just me, or does the police force in the US seem to be getting increasingly violent everywhere you look?
Last week, 17-year old Virginian was tasered in his own home by police after neighbors phoned in a domestic dispute.
I find it hard to believe that police cadets aren’t taught multiple ways to subdue a possible suspect. Aren’t weapons that can kill you meant to be a last response?
On New Year’s Eve, a twenty-three year old African-American was pulled from his vehicle in his family’s drive way in Texas. After his mother, who came outside to see what was going on, got shoved by an officer, the young man questioned the treatment of his mother. He was promptly shot by the officer.
Family members had difficulty believing a shooting at the home of the only black family on their Bellaire block was completely random. . .
Speculation aside, investigators and the family are trying to figure out why the officer stopped the men in the first place.
‘The vehicle turned out not to be stolen. Why they thought it was stolen and how they got a stolen report is something that is not clear yet. All that will be determined in the investigation,’ said Holloway.
The most heinous though took place on New Year’s Day. The recent shooting of a compliant Oscar Grant in Oakland has caused an uproar and a very public demand for justice.
A BART police officer shot the man at point blank range who was laying on the station platform, restrained by officers. Despite the confiscation of a number of cell phones of witnesses, several managed to make their way into the hands of local reporters covering the story. The officer in question refused to testify before Internal Affairs, resigning so that he could not be compelled to do so. The city’s citizenry await word of what charges, if any, will be filed.
Has police work become more treacherous in recent years that the police are running scared and shooting unarmed civilians? Does law enforcement seem more enticing to certain personalities? Have 8 years of shivving the Constitution left officers thinking they to can act with impunity?
I’m certainly not alone in being concerned.
A new study published this month in the Emergency Medicine Journal reports that roughly 98% of ER docs believe some of the patients delivered by police are victims of police brutality. But since there aren’t any laws requiring this sort of abuse to be reported, unlike parents assaulting their children, doctors look the other way.
That data was collected in 2002, so the nearly 2/3 of physicians that felt they saw at least 2 instance of police brutality a year. . . how many do you think they’re not reporting now?
Last week, 17-year old Virginian was tasered in his own home by police after neighbors phoned in a domestic dispute.
I find it hard to believe that police cadets aren’t taught multiple ways to subdue a possible suspect. Aren’t weapons that can kill you meant to be a last response?
On New Year’s Eve, a twenty-three year old African-American was pulled from his vehicle in his family’s drive way in Texas. After his mother, who came outside to see what was going on, got shoved by an officer, the young man questioned the treatment of his mother. He was promptly shot by the officer.
Family members had difficulty believing a shooting at the home of the only black family on their Bellaire block was completely random. . .
Speculation aside, investigators and the family are trying to figure out why the officer stopped the men in the first place.
‘The vehicle turned out not to be stolen. Why they thought it was stolen and how they got a stolen report is something that is not clear yet. All that will be determined in the investigation,’ said Holloway.
The most heinous though took place on New Year’s Day. The recent shooting of a compliant Oscar Grant in Oakland has caused an uproar and a very public demand for justice.
A BART police officer shot the man at point blank range who was laying on the station platform, restrained by officers. Despite the confiscation of a number of cell phones of witnesses, several managed to make their way into the hands of local reporters covering the story. The officer in question refused to testify before Internal Affairs, resigning so that he could not be compelled to do so. The city’s citizenry await word of what charges, if any, will be filed.
Has police work become more treacherous in recent years that the police are running scared and shooting unarmed civilians? Does law enforcement seem more enticing to certain personalities? Have 8 years of shivving the Constitution left officers thinking they to can act with impunity?
I’m certainly not alone in being concerned.
A new study published this month in the Emergency Medicine Journal reports that roughly 98% of ER docs believe some of the patients delivered by police are victims of police brutality. But since there aren’t any laws requiring this sort of abuse to be reported, unlike parents assaulting their children, doctors look the other way.
That data was collected in 2002, so the nearly 2/3 of physicians that felt they saw at least 2 instance of police brutality a year. . . how many do you think they’re not reporting now?
Wednesday, December 31, 2008
Rules Don't Apply to Them
In some states, the sordid downfall of George "Chris" Ortloff might be the year's biggest scandal.
Not in New York.
When Ortloff, a former state Parole Board member and longtime Plattsburgh-area assemblyman, admitted on Christmas Eve that he tried to entice two preteenage "sisters" into sex at a Colonie hotel, his guilty plea in U.S. District Court was not even the latest scandal at the Division of Parole.
In a year in which Americans faced an economic crisis and elected a new president, an assortment of politicians in the Empire State added new pages to an ever-increasing story leaders and lawmakers who break the law.
It is a story that spans the state from Buffalo to Queens and that is without former Gov. Eliot Spitzer, who avoided criminal charges after being toppled in a prostitution scandal. His departure followed the exit of former Comptroller Alan Hevesi, who was forced to resign in 2007 after defrauding the government.
The continuing legal troubles in state politics raise a simple question: Why does this keep happening?
"Far too many elected officials think that the rules don't apply to them," said Blair Horner, of the New York Public Interest Research Group. "Because of their 'exalted status,' they are outside of the normal restrictions that apply to everyone else. This rogues' gallery should spur action on legislation to create truly independent ethics oversight entities."
The Times Union reported last December that nearly one-fifth of elected legislators in New York had, by some measure, broken a law in recent years, ranging from traffic violations to bribery and theft.
A year later, the Ortloff case arguably makes them all appear tame.
When the 61-year-old tough-on-crime Republican quietly pleaded guilty to online enticement of minors Dec. 24, it was while facing charges he tried to arrange sex trysts with girls, ages 11 and 12, through their "mother," an undercover police officer. Ortloff had acknowledged to the undercover officer that he not only had a fondness for "toddlers," but had previously molested at least one child.
Five days before the Ortloff plea, on Dec, 19, state Sen.-elect. Hiram Monserrate, a Queens Democrat, was charged with slashing and beating his girlfriend. A day earlier, Assemblyman Anthony Seminerio, a longtime Queens Democrat, pleaded not guilty to fraud charges. He is accused of illegally accepting payments from groups with business pending before the state.
As it turns out, Monserrate took the seat of former Sen. John Sabini, whose own political career survived an alcohol-related driving arrest.
Meanwhile, Seminerio's arrest is said to have stemmed from cooperation from disgraced former Assemblyman Brian McLaughlin, another Queens Democrat, possible mayoral candidate and former president of the New York City Central Labor Council convicted of stealing money and perks in March.
The cases go beyond Queens. Among the year's other highlights (or lowlights):
On Dec. 19, an investigation by state Inspector General Joseph Fisch revealed that Division of Parole Chairman George B. Alexander of Buffalo took home a $1,700 government computer in 2007 and did not return it until anti-theft software traced it to his home. He tendered his resignation.
When Rep. Vito Fossella, a Staten Island Republican, was charged with drunken driving in Arlington, Va. ,on May 1, he told police he was headed to pick up his sick daughter. But the arrest revealed the married lawmaker had an out-of-wedlock daughter with a retired Air Force lieutenant. He chose not to seek re-election, then was convicted of driving under the influence.
Assemblywoman Diane Gordon, a Brooklyn Democrat, was convicted last year of trying to have a private developer build her a $500,000 home for a dollar in exchange for arranging a $2 million land deal.
Sen. Efrain Gonzalez, D-Bronx, had been under indictment on allegations he funneled nearly half a million taxpayer dollars through a charity to finance his cigar company, purchase Yankees tickets and pay tuition for his daughter.
As the year drew to a close, it was unclear what new cases might arise, though at least one top name made headlines without facing any charges. A federal probe into former Senate Majority Leader Joseph L. Bruno's business dealings was said to be nearing an end, with criminal charges being contemplated. The Brunswick lawmaker, the Legislature's most powerful Republican before he stepped down in July, has repeatedly denied any wrongdoing.
Not in New York.
When Ortloff, a former state Parole Board member and longtime Plattsburgh-area assemblyman, admitted on Christmas Eve that he tried to entice two preteenage "sisters" into sex at a Colonie hotel, his guilty plea in U.S. District Court was not even the latest scandal at the Division of Parole.
In a year in which Americans faced an economic crisis and elected a new president, an assortment of politicians in the Empire State added new pages to an ever-increasing story leaders and lawmakers who break the law.
It is a story that spans the state from Buffalo to Queens and that is without former Gov. Eliot Spitzer, who avoided criminal charges after being toppled in a prostitution scandal. His departure followed the exit of former Comptroller Alan Hevesi, who was forced to resign in 2007 after defrauding the government.
The continuing legal troubles in state politics raise a simple question: Why does this keep happening?
"Far too many elected officials think that the rules don't apply to them," said Blair Horner, of the New York Public Interest Research Group. "Because of their 'exalted status,' they are outside of the normal restrictions that apply to everyone else. This rogues' gallery should spur action on legislation to create truly independent ethics oversight entities."
The Times Union reported last December that nearly one-fifth of elected legislators in New York had, by some measure, broken a law in recent years, ranging from traffic violations to bribery and theft.
A year later, the Ortloff case arguably makes them all appear tame.
When the 61-year-old tough-on-crime Republican quietly pleaded guilty to online enticement of minors Dec. 24, it was while facing charges he tried to arrange sex trysts with girls, ages 11 and 12, through their "mother," an undercover police officer. Ortloff had acknowledged to the undercover officer that he not only had a fondness for "toddlers," but had previously molested at least one child.
Five days before the Ortloff plea, on Dec, 19, state Sen.-elect. Hiram Monserrate, a Queens Democrat, was charged with slashing and beating his girlfriend. A day earlier, Assemblyman Anthony Seminerio, a longtime Queens Democrat, pleaded not guilty to fraud charges. He is accused of illegally accepting payments from groups with business pending before the state.
As it turns out, Monserrate took the seat of former Sen. John Sabini, whose own political career survived an alcohol-related driving arrest.
Meanwhile, Seminerio's arrest is said to have stemmed from cooperation from disgraced former Assemblyman Brian McLaughlin, another Queens Democrat, possible mayoral candidate and former president of the New York City Central Labor Council convicted of stealing money and perks in March.
The cases go beyond Queens. Among the year's other highlights (or lowlights):
On Dec. 19, an investigation by state Inspector General Joseph Fisch revealed that Division of Parole Chairman George B. Alexander of Buffalo took home a $1,700 government computer in 2007 and did not return it until anti-theft software traced it to his home. He tendered his resignation.
When Rep. Vito Fossella, a Staten Island Republican, was charged with drunken driving in Arlington, Va. ,on May 1, he told police he was headed to pick up his sick daughter. But the arrest revealed the married lawmaker had an out-of-wedlock daughter with a retired Air Force lieutenant. He chose not to seek re-election, then was convicted of driving under the influence.
Assemblywoman Diane Gordon, a Brooklyn Democrat, was convicted last year of trying to have a private developer build her a $500,000 home for a dollar in exchange for arranging a $2 million land deal.
Sen. Efrain Gonzalez, D-Bronx, had been under indictment on allegations he funneled nearly half a million taxpayer dollars through a charity to finance his cigar company, purchase Yankees tickets and pay tuition for his daughter.
As the year drew to a close, it was unclear what new cases might arise, though at least one top name made headlines without facing any charges. A federal probe into former Senate Majority Leader Joseph L. Bruno's business dealings was said to be nearing an end, with criminal charges being contemplated. The Brunswick lawmaker, the Legislature's most powerful Republican before he stepped down in July, has repeatedly denied any wrongdoing.
Wednesday, October 01, 2008
Marivn Grant tells his Side of the Story
Marvin Grant admits he’s had a history of running from the police and driving with a suspended license.
So when he saw blue lights behind him as he was speeding down U.S. 221 in Greenwood County the night of June 24, 2007, he said his “instincts” took over, and he hit the gas on his red Honda Prelude.
What happened less than a mile away would land him — and the state trooper who chased him — together in a federal courtroom.
Lance Cpl. Steve Garren, 39, of Greenwood, is charged with one count of violating the civil rights of Grant, who testified Tuesday in the first day of the trooper’s trial.
A 15-year Highway Patrol veteran, Garren is accused of deliberately hitting Grant with his patrol car while Grant was fleeing on foot after bailing out of the Honda.
“Once I was hit, I flipped,” Grant told jurors. “When I fell, I completely hit the ground, bounced right back up and kept running.”
The incident was captured on Garren’s dashboard camera video, which was played for jurors.
Garren showed no emotion during the showing, though his wife cried as several minutes of the tape passed with only the sound of wailing police sirens.
Garren, a father of two and a church member, is heard on the tape telling another officer, “I nailed the (expletive) out of him. ... I was trying to hit him.”
About two dozen of Garren’s relatives and other supporters showed up in court. The trial before Chief U.S. District Judge David Norton is expected to last several days.
If convicted, Garren, who is suspended without pay from the Patrol, faces up to 10 years in federal prison and a $250,000 fine, though he likely would receive a much lighter sentence under federal sentencing guidelines.
The charge against Garren, who was indicted in June, is the first federal civil rights case against a state trooper since authorities launched an investigation in March into alleged misconduct into the department.
Gov. Mark Sanford in February ousted Department of Public Safety director James Schweitzer and Highway Patrol commander Col. Russell Roark, contending they should have fired another white trooper who used a racial slur and threatened to kill a fleeing black suspect during a 2004 Greenwood County traffic stop.
Schweitzer and Roark are on Garren’s witness list, though it’s unclear whether they will testify.
In his opening statement , Brent Gray, deputy chief at the U.S. Department of Justice’s Civil Rights Division in Washington, D.C., told jurors prosecutors were “not here to defend (the action of) Marvin Grant.”
“Steve Garren was doing his job in trying to stop him,” Gray said, but he added, “All of us — every American — has the right to be free from excessive force.”
Columbia attorney John O’Leary, one of Garren’s lawyers, told jurors the government’s priorities were misplaced.
“We’re in this courtroom today because he is pursuing a criminal, and now he’s the criminal.”
O’Leary told jurors Garren never intended to hit Grant, pointing out that Grant suddenly cut in front of the patrol vehicle while running away on Holman Street, a narrow residential street on Greenwood’s eastern edge.
Garren’s other attorney, Wally Fayssoux, who is O’Leary’s son-in-law, Tuesday renewed his request to have jurors visit the incident scene, though Norton didn’t make a decision.
O’Leary, a former police officer and ex-director of the state Criminal Justice Academy, verbally sparred with Grant at times during Tuesday’s testimony.
“You ran that night because you were drunk,” O’Leary said, noting Grant had been drinking earlier in the day at a family home in Cross Hill in neighboring Laurens County.
“No, I didn’t want to get another DUS,” Grant replied, though he acknowledged he had been drinking.
Grant confirmed he has at least four previous convictions for driving under suspension, plus convictions for failure to stop for a blue light and possession of contraband. A father of three, Grant was in cuffs for his testimony, explaining he has been in jail since May on a child support charge.
Grant testified he was driving “pretty fast” after Garren started to chase him, though he couldn’t agree with O’Leary that his speed was about 100 mph. The chase lasted about seven-tenths of a mile, O’Leary told jurors.
Grant said he ditched his Honda on Holman Street — described by officers as a high-crime area — because he knew the neighborhood.
After he was hit by Garren’s vehicle, he ran through a nearby wooded area and eventually made it to a female acquaintance’s apartment about two miles away, he testified, though he admitted he gave authorities conflicting accounts.
“I wasn’t thinking about no pain right then,” he testified, though he said the pain later became so intense on his right side that he had to borrow a friend’s crutches to walk.
Officers never located Grant that night. He testified he turned himself in the next morning at the Greenwood County Sheriff’s Department but was not arrested then — a story confirmed Tuesday in testimony from Deputy Dale Boyer, who took Grant’s statement.
Grant has never been charged with any crime in connection with the incident involving Garren. Federal authorities didn’t interview him until April this year.
In other testimony Tuesday, Greenwood County Sheriff’s Sgt. Derrick Smith said Garren made comments to him — while being recorded on Garren’s dashboard video — about hitting Grant minutes earlier with the patrol car. Smith told jurors he had to “apologize” to them about repeating an expletive Garren used.
Deputy Brad Ware testified Garren told him later that night, while they were searching on foot for Grant, that he had deliberately struck Grant. Ware said he notified his supervisor about Garren’s comments, noting he “had some concern about it.”
video: http://www.youtube.com/watch?v=0hOHNUX2cqk
So when he saw blue lights behind him as he was speeding down U.S. 221 in Greenwood County the night of June 24, 2007, he said his “instincts” took over, and he hit the gas on his red Honda Prelude.
What happened less than a mile away would land him — and the state trooper who chased him — together in a federal courtroom.
Lance Cpl. Steve Garren, 39, of Greenwood, is charged with one count of violating the civil rights of Grant, who testified Tuesday in the first day of the trooper’s trial.
A 15-year Highway Patrol veteran, Garren is accused of deliberately hitting Grant with his patrol car while Grant was fleeing on foot after bailing out of the Honda.
“Once I was hit, I flipped,” Grant told jurors. “When I fell, I completely hit the ground, bounced right back up and kept running.”
The incident was captured on Garren’s dashboard camera video, which was played for jurors.
Garren showed no emotion during the showing, though his wife cried as several minutes of the tape passed with only the sound of wailing police sirens.
Garren, a father of two and a church member, is heard on the tape telling another officer, “I nailed the (expletive) out of him. ... I was trying to hit him.”
About two dozen of Garren’s relatives and other supporters showed up in court. The trial before Chief U.S. District Judge David Norton is expected to last several days.
If convicted, Garren, who is suspended without pay from the Patrol, faces up to 10 years in federal prison and a $250,000 fine, though he likely would receive a much lighter sentence under federal sentencing guidelines.
The charge against Garren, who was indicted in June, is the first federal civil rights case against a state trooper since authorities launched an investigation in March into alleged misconduct into the department.
Gov. Mark Sanford in February ousted Department of Public Safety director James Schweitzer and Highway Patrol commander Col. Russell Roark, contending they should have fired another white trooper who used a racial slur and threatened to kill a fleeing black suspect during a 2004 Greenwood County traffic stop.
Schweitzer and Roark are on Garren’s witness list, though it’s unclear whether they will testify.
In his opening statement , Brent Gray, deputy chief at the U.S. Department of Justice’s Civil Rights Division in Washington, D.C., told jurors prosecutors were “not here to defend (the action of) Marvin Grant.”
“Steve Garren was doing his job in trying to stop him,” Gray said, but he added, “All of us — every American — has the right to be free from excessive force.”
Columbia attorney John O’Leary, one of Garren’s lawyers, told jurors the government’s priorities were misplaced.
“We’re in this courtroom today because he is pursuing a criminal, and now he’s the criminal.”
O’Leary told jurors Garren never intended to hit Grant, pointing out that Grant suddenly cut in front of the patrol vehicle while running away on Holman Street, a narrow residential street on Greenwood’s eastern edge.
Garren’s other attorney, Wally Fayssoux, who is O’Leary’s son-in-law, Tuesday renewed his request to have jurors visit the incident scene, though Norton didn’t make a decision.
O’Leary, a former police officer and ex-director of the state Criminal Justice Academy, verbally sparred with Grant at times during Tuesday’s testimony.
“You ran that night because you were drunk,” O’Leary said, noting Grant had been drinking earlier in the day at a family home in Cross Hill in neighboring Laurens County.
“No, I didn’t want to get another DUS,” Grant replied, though he acknowledged he had been drinking.
Grant confirmed he has at least four previous convictions for driving under suspension, plus convictions for failure to stop for a blue light and possession of contraband. A father of three, Grant was in cuffs for his testimony, explaining he has been in jail since May on a child support charge.
Grant testified he was driving “pretty fast” after Garren started to chase him, though he couldn’t agree with O’Leary that his speed was about 100 mph. The chase lasted about seven-tenths of a mile, O’Leary told jurors.
Grant said he ditched his Honda on Holman Street — described by officers as a high-crime area — because he knew the neighborhood.
After he was hit by Garren’s vehicle, he ran through a nearby wooded area and eventually made it to a female acquaintance’s apartment about two miles away, he testified, though he admitted he gave authorities conflicting accounts.
“I wasn’t thinking about no pain right then,” he testified, though he said the pain later became so intense on his right side that he had to borrow a friend’s crutches to walk.
Officers never located Grant that night. He testified he turned himself in the next morning at the Greenwood County Sheriff’s Department but was not arrested then — a story confirmed Tuesday in testimony from Deputy Dale Boyer, who took Grant’s statement.
Grant has never been charged with any crime in connection with the incident involving Garren. Federal authorities didn’t interview him until April this year.
In other testimony Tuesday, Greenwood County Sheriff’s Sgt. Derrick Smith said Garren made comments to him — while being recorded on Garren’s dashboard video — about hitting Grant minutes earlier with the patrol car. Smith told jurors he had to “apologize” to them about repeating an expletive Garren used.
Deputy Brad Ware testified Garren told him later that night, while they were searching on foot for Grant, that he had deliberately struck Grant. Ware said he notified his supervisor about Garren’s comments, noting he “had some concern about it.”
video: http://www.youtube.com/watch?v=0hOHNUX2cqk
Wednesday, July 09, 2008
Are Police Giving Other Officers Special Treatment?
UPDATE on Officer Donyell Sanchell
For the second time in recent weeks, a traffic stop raises the question, are police giving some people special treatment?
First, it was the Causeway incident involving Mandeville Mayor Eddie Price. Now Crescent City Connection Police say they will ask the Orleans Parish District Attorney if their handling of an incident involving a New Orleans Police officer was appropriate.
A spokesman says the Crescent City Connection Police will ask the Orleans District Attorney's Office to look at a squad car video and other evidence in the incident involving NOPD Officer Donyell Sanchell.
Spokesman Mark Lambert says the bridge police will ask the District Attorney’s Office if the charges against Sanchell are appropriate.
Criminologist Peter Scharf of Tulane University says the question's clear: Did officer Sanchell get special treatment? ****(Why of course he did!! All officers get this special treatment from their buddies!!!)****
“We have a culture where people think that they’re above the law and they’re entitled to some kind of deferential, special treatment,” Scharf said.
The incident took place Saturday evening.
According to the bridge police report, they gave chase with lights flashing when they see a black pickup doing up to 90 mph, weaving around traffic on the Crescent City Connection.
The truck driver speeds over the bridge, gets on I-10 east and doesn't pull over until he gets off at Basin Street.
The police report says the driver in the pickup, Officer Sanchell of the NOPD, was "irate" because he was late for work, then Sanchell drives off again -- his truck allegedly grazing the forearm of bridge police Officer Jeremy Wright.
When Sanchell finally stopped at First District police headquarters, an altercation takes place off camera, and Officer Wright says Sanchell slapped him.
“It seems incredible that a police officer would for whatever reason not respect the authority of another officer,” said John Penny of SUNO’s Criminal Justice Department.
What happened next raised even more questions. The bridge police gave Sanchell a summons for two counts of battery and traffic tickets for hit and run and careless operation.
“If that had happened to anyone else, what would have happened? Jail, assault with a deadly weapon, aggravated assault,” said Scharf.
“This officer should have been arrested and been placed in jail until he made bond,” Penny said. People across the community are saying the same thing.
In one viewer's words, “If I would have sped away, refused to stop, left after stopping and slapped an officer, I should have been arrested and brought to lockup.”
Dr. Scharf says Officer Sanchell's behavior may be troubling, but the message the response by bridge police sends is even more disturbing. “It's devastating. It's that if you’re in the entitled group that you’re above the law.”
The NOPD has launched an administrative review and suspended Sanchell without pay.
Dr. John Penny says the NOPD should send a message that makes it clear to other officers behavior like Sanchell's won't tolerated.
“Given what we see and if any of this is proven true, I think the officer should no doubt be fired,” Penny said. “He's unfit to be a police officer.”
For the second time in recent weeks, a traffic stop raises the question, are police giving some people special treatment?
First, it was the Causeway incident involving Mandeville Mayor Eddie Price. Now Crescent City Connection Police say they will ask the Orleans Parish District Attorney if their handling of an incident involving a New Orleans Police officer was appropriate.
A spokesman says the Crescent City Connection Police will ask the Orleans District Attorney's Office to look at a squad car video and other evidence in the incident involving NOPD Officer Donyell Sanchell.
Spokesman Mark Lambert says the bridge police will ask the District Attorney’s Office if the charges against Sanchell are appropriate.
Criminologist Peter Scharf of Tulane University says the question's clear: Did officer Sanchell get special treatment? ****(Why of course he did!! All officers get this special treatment from their buddies!!!)****
“We have a culture where people think that they’re above the law and they’re entitled to some kind of deferential, special treatment,” Scharf said.
The incident took place Saturday evening.
According to the bridge police report, they gave chase with lights flashing when they see a black pickup doing up to 90 mph, weaving around traffic on the Crescent City Connection.
The truck driver speeds over the bridge, gets on I-10 east and doesn't pull over until he gets off at Basin Street.
The police report says the driver in the pickup, Officer Sanchell of the NOPD, was "irate" because he was late for work, then Sanchell drives off again -- his truck allegedly grazing the forearm of bridge police Officer Jeremy Wright.
When Sanchell finally stopped at First District police headquarters, an altercation takes place off camera, and Officer Wright says Sanchell slapped him.
“It seems incredible that a police officer would for whatever reason not respect the authority of another officer,” said John Penny of SUNO’s Criminal Justice Department.
What happened next raised even more questions. The bridge police gave Sanchell a summons for two counts of battery and traffic tickets for hit and run and careless operation.
“If that had happened to anyone else, what would have happened? Jail, assault with a deadly weapon, aggravated assault,” said Scharf.
“This officer should have been arrested and been placed in jail until he made bond,” Penny said. People across the community are saying the same thing.
In one viewer's words, “If I would have sped away, refused to stop, left after stopping and slapped an officer, I should have been arrested and brought to lockup.”
Dr. Scharf says Officer Sanchell's behavior may be troubling, but the message the response by bridge police sends is even more disturbing. “It's devastating. It's that if you’re in the entitled group that you’re above the law.”
The NOPD has launched an administrative review and suspended Sanchell without pay.
Dr. John Penny says the NOPD should send a message that makes it clear to other officers behavior like Sanchell's won't tolerated.
“Given what we see and if any of this is proven true, I think the officer should no doubt be fired,” Penny said. “He's unfit to be a police officer.”
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