Attorneys for the city of New Orleans recently settled a pair of high-profile federal lawsuits alleging police misconduct.
One alleged brawl, involving city transit workers and off-duty officers, took place on Mardi Gras night at the Beach Corner bar in Mid-City. The other case centered on an incident in July 2006 inside a Central City bar.
On Friday, the city attorney's office reached a settlement in federal court with the American Civil Liberties Union, which represents Steven Elloie, a bar manager who alleged he was beaten, twice shocked with a Taser stun gun and falsely arrested inside the Sportsman's Corner bar.
According to the suit, Elloie was taking inventory in the stockroom that night when the officers "entered the bar in an aggressive and belligerent manner" and announced they were looking for two young black men wearing blue jeans and white T-shirts. The 16 customers inside the bar told the police that no one fitting that description had come in.
Though they had no search warrant or permission to search the bar, the officers began "forcefully opening and attempting to open doors," and one officer grabbed Elloie and told him he was going to jail, the suit alleged. Elloie said four or five cops then began hitting and kicking him.
Police booked him with resisting arrest and battery on one of the police officers, but the charges were later dropped. The Elloie family filed Public Integrity Bureau complaints with more than a dozen supporting witnesses. The internal affairs division of the NOPD found that Elloie's claims were "unsubstantiated."
Elloie's attorney, Katie Schwartzmann of the ACLU, declined to release the settlement amount, which is in addition to attorney's fees.
"The settlement in this case is a great outcome for Steven Elloie, but until we have meaningful internal accountability for officers who break the law, we will continue to have problems with police misconduct in this City," Schwartzmann said in a released statement. "People must be able to trust the police."
Police spokesman Bob Young did not immediately return a request for comment Friday. The city attorney, Penya Moses-Fields, did not return a request for comment late Friday afternoon regarding the Elloie case.
Some of the same officers involved in the Elloie incident were later involved in another well-publicized case. That case, closed Friday in federal district court, was brought by a Regional Transit Authority employee who alleged he, and some co-workers, were beaten and falsely arrested in a racially charged bar brawl with off-duty officers in 2008. The dismissal came two weeks after the two sides reached an agreement.
Lamont Williams, the RTA worker, alleged that he and three co-workers, who are all black, were subjected to racial epithets, followed outside and beaten by off-duty, plainclothes officers. He also alleged that a police officer pulled a gun from a co-worker's car, planted it on Williams, then falsely arrested him for possession of a gun - a charge that was later dropped.
The city settled the case for $25,000, according to Moses-Fields.
"The City of New Orleans decided it was a good business decision to settle the cases because litigating them to completion would have cost more than $25,000," Moses-Fields wrote in an e-mail message. "The City of New Orleans entered into the settlement with absolutely no admission of liability."
One of the officers, David Lapene, was dropped from the lawsuit "after it became apparent that the officer had absolutely nothing to do with" the incident, Moses-Field noted.
Police attorney Frank DeSalvo said Friday that the "whole case was a sham" and that the small settlement amount shows the allegations had little merit.
Attorney Stephen Rue, who brought the case, said Williams had difficulty identifying the specific officer who punched him. Ultimately, Williams wanted to settle the case and move on, Rue said.
The NOPD's own initial investigation concluded that five officers broke police conduct rules and then lied to investigators, with at least one officer coercing a civilian witness to lie.
Police Superintendent Warren Riley fired two officers: Sgt. Warren Keller Jr, who allegedly exchanged harsh words with Williams inside the restroom stall, kicking off the imbroglio; and Lapene, who was dropped from the federal suit, and who allegedly threw a punch that landed on William's face. Both officers have appealed their terminations to the city's Civil Service Commission.
The NOPD initial investigation also concluded that another off-duty officer, Jennifer Samuel, committed wrongdoing. She was suspended for 80 days.
A criminal inquiry into the officers' actions was opened, but charges were never filed. Then-District Attorney Keva Landrum-Johnson's office responded to the NOPD in writing, saying the matter had been refused for prosecution because an essential witness, RTA worker Kennis Hagan, had drowned in an unrelated incident.
Showing posts with label NOPD. Show all posts
Showing posts with label NOPD. Show all posts
Friday, January 22, 2010
Thursday, January 21, 2010
Officer Nikia Adams Arrested for Being Cruel to Animals
Nikia Adams was arrested Thursday for allegedly being cruel to animals. St John Parish deputies say Adams was arrested after two of her dogs were found earlier this week severely malnourished.
The St. John animal shelter called deputies after going to Adam’s home Tuesday to help with the removal of a deceased pet.
Adams is now out on bond.
Thursday, January 14, 2010
Two New Orleans Officers Arrested
Two New Orleans police officers were booked into jail Thursday in separate criminal incidents.
In one case, a 6th District officer was indicted on charges that he participated in kidnapping a woman last summer. His partner, who was indicted last fall, is accused of undressing and raping the woman while she remained shackled, according to court documents.
In Thursday's other arrest, an officer was booked into jail for allegedly firing his weapon into his car at a downtown hotel parking garage while off-duty.
The arrests are the latest in a steady stream of misconduct cases to hit the New Orleans Police Department, which finds itself under federal investigation for possible deadly misconduct in the wake of Hurricane Katrina in 2005.
NOPD spokesman Bob Young acknowledged the indictment of officer Thomas Clark, 36, on a count of second-degree kidnapping, adding that the allegations stem from the same incident as an alleged rape by Clark's partner, Henry Hollins.
Henry Hollins is being held in lieu of $1.5 million bail.
In November, Hollins was indicted both with aggravated rape and kidnapping. He is being held in jail in lieu of $1.5 million bail, according to court records.
Young said Clark is suspended without pay pending the outcome of the criminal case. Clark, who joined the NOPD in 2001, remained in jail on Thursday evening.
The Clark and Hollins indictments were unusual in that they stemmed from investigations conducted by the Orleans Parish district attorney's office, not the NOPD's Public Integrity Bureau.
Chris Bowman, a spokesman for the DA, acknowledged Clark's indictment, but declined to elaborate on the circumstances of the case.
Court documents allege that Hollins, 46, drove a woman to the intersection of Tchoupitoulas and Felicity streets "where he completely disrobed and raped the victim while she remained in handcuffs."
Hollins then drove the woman to an unknown location and released her from custody, the arrest warrant states.
Months prior to his indictment in the alleged rape, Hollins, a 12-year police veteran, was arrested and booked with domestic abuse for allegedly punching his wife in the mouth with a closed fist.
He was placed on desk duty following the domestic violence arrest in late August. After his indictment in November, NOPD Superintendent Warren Riley said Hollins was suspended without pay.
Clark's attorney, Frank DeSalvo, criticized the district attorney's office for its handling of the case.
"It's extortion," he said.
DeSalvo said that Howard Robertson, the head of the investigative unit for the district attorney, only made the case on Clark because the officer refused to implicate his partner by admitting to certain details of the crime.
"He wanted (Clark) to come in and tell him what he wanted to hear," DeSalvo claimed.
Bowman declined to respond to DeSalvo's accusation, saying "the district attorney's office is not going to try this or any other case in the media."
In Thursday's other arrest, police booked Officer Patrick O'Hern for illegally discharging a weapon on Dec. 12. The incident occurred about 2 p.m. on the rooftop parking lot of the Hilton New Orleans Riverside hotel at 2 Poydras St., said Officer Shereese Harper, a police spokeswoman.
Young said O'Hern fired his weapon several times into his personal vehicle. O'Hern was put on desk duty following the incident and now, after his arrest, is suspended without pay, Young said.
O'Hern was released from the Orleans Parish jail not long after he was booked. It is unclear who is representing him.
In one case, a 6th District officer was indicted on charges that he participated in kidnapping a woman last summer. His partner, who was indicted last fall, is accused of undressing and raping the woman while she remained shackled, according to court documents.
In Thursday's other arrest, an officer was booked into jail for allegedly firing his weapon into his car at a downtown hotel parking garage while off-duty.
The arrests are the latest in a steady stream of misconduct cases to hit the New Orleans Police Department, which finds itself under federal investigation for possible deadly misconduct in the wake of Hurricane Katrina in 2005.
NOPD spokesman Bob Young acknowledged the indictment of officer Thomas Clark, 36, on a count of second-degree kidnapping, adding that the allegations stem from the same incident as an alleged rape by Clark's partner, Henry Hollins.
Henry Hollins is being held in lieu of $1.5 million bail.
In November, Hollins was indicted both with aggravated rape and kidnapping. He is being held in jail in lieu of $1.5 million bail, according to court records.
Young said Clark is suspended without pay pending the outcome of the criminal case. Clark, who joined the NOPD in 2001, remained in jail on Thursday evening.
The Clark and Hollins indictments were unusual in that they stemmed from investigations conducted by the Orleans Parish district attorney's office, not the NOPD's Public Integrity Bureau.
Chris Bowman, a spokesman for the DA, acknowledged Clark's indictment, but declined to elaborate on the circumstances of the case.
Court documents allege that Hollins, 46, drove a woman to the intersection of Tchoupitoulas and Felicity streets "where he completely disrobed and raped the victim while she remained in handcuffs."
Hollins then drove the woman to an unknown location and released her from custody, the arrest warrant states.
Months prior to his indictment in the alleged rape, Hollins, a 12-year police veteran, was arrested and booked with domestic abuse for allegedly punching his wife in the mouth with a closed fist.
He was placed on desk duty following the domestic violence arrest in late August. After his indictment in November, NOPD Superintendent Warren Riley said Hollins was suspended without pay.
Clark's attorney, Frank DeSalvo, criticized the district attorney's office for its handling of the case.
"It's extortion," he said.
DeSalvo said that Howard Robertson, the head of the investigative unit for the district attorney, only made the case on Clark because the officer refused to implicate his partner by admitting to certain details of the crime.
"He wanted (Clark) to come in and tell him what he wanted to hear," DeSalvo claimed.
Bowman declined to respond to DeSalvo's accusation, saying "the district attorney's office is not going to try this or any other case in the media."
In Thursday's other arrest, police booked Officer Patrick O'Hern for illegally discharging a weapon on Dec. 12. The incident occurred about 2 p.m. on the rooftop parking lot of the Hilton New Orleans Riverside hotel at 2 Poydras St., said Officer Shereese Harper, a police spokeswoman.
Young said O'Hern fired his weapon several times into his personal vehicle. O'Hern was put on desk duty following the incident and now, after his arrest, is suspended without pay, Young said.
O'Hern was released from the Orleans Parish jail not long after he was booked. It is unclear who is representing him.
Sunday, May 31, 2009
New Orleans Police Sgt Charged with Raping Step Children
A New Orleans police sergeant was charged this week with three counts of rape and three counts of incest.
A St. Tammany Parish grand jury on Wednesday indicted the 51-year-old Slidell-area man. All three counts stemmed from alleged incidents with his two stepdaughters and his stepson, authorities said.
The Times-Picayune is withholding the man's name to protect the identity of his victims. Authorities would not disclose the age of the victims, but cases in which a victim is under the age of 13 fall under the state's definition of aggravated rape.
Investigators began looking into the allegations in December after one of the sergeant's stepchildren told a teacher about the alleged incident, according to St. Tammany Parish Sheriff Jack Strain, who spoke to the press soon after the sergeant turned himself in on Jan. 15.
The sergeant, a 17-year veteran of the police force, was suspended on Jan 15 - the day of his arrest - but then was reinstated on Jan. 26 to administrative desk duty, where he is currently assigned, according to New Orleans Police Department spokesman Bob Young.
The NOPD's Public Integrity Bureau, which investigates police misconduct, has an ongoing investigation into the accusations, Young said.
The sergeant is expected to enter a plea of not guilty, according to Raymond Burkhart III, one of two private defense attorneys.
"The case is in its very early stages and we categorically deny the accusations being made," Burkhart said.
There is no indication the sergeant abused his position at NOPD to prey on others, Strain said.
The grand jury panel on Wednesday also indicted two other men on sex crimes.
Ryan Mitzell, 19, of Sun was charged with sexual battery for abusing a 7-year-old boy sometime between May 26 and June 1, 2008. The alleged abuse came to light after the victim, now 8, told a relative, who then told authorities, according to the district attorney's office.
In another case, a 20-year-old Covington man, was indicted with aggravated rape for allegedly abusing the five-year-old daughter of his girlfriend between July 20, 2006 and March 2, 2007.
Mississippi law enforcement officials uncovered the alleged abuse after investigating a separate alleged abuse of the victim's brother.
___________________________
http://blog.nola.com/tpnorthshore/2009/05/new_orleans_police_sergeant_ch.html
A St. Tammany Parish grand jury on Wednesday indicted the 51-year-old Slidell-area man. All three counts stemmed from alleged incidents with his two stepdaughters and his stepson, authorities said.
The Times-Picayune is withholding the man's name to protect the identity of his victims. Authorities would not disclose the age of the victims, but cases in which a victim is under the age of 13 fall under the state's definition of aggravated rape.
Investigators began looking into the allegations in December after one of the sergeant's stepchildren told a teacher about the alleged incident, according to St. Tammany Parish Sheriff Jack Strain, who spoke to the press soon after the sergeant turned himself in on Jan. 15.
The sergeant, a 17-year veteran of the police force, was suspended on Jan 15 - the day of his arrest - but then was reinstated on Jan. 26 to administrative desk duty, where he is currently assigned, according to New Orleans Police Department spokesman Bob Young.
The NOPD's Public Integrity Bureau, which investigates police misconduct, has an ongoing investigation into the accusations, Young said.
The sergeant is expected to enter a plea of not guilty, according to Raymond Burkhart III, one of two private defense attorneys.
"The case is in its very early stages and we categorically deny the accusations being made," Burkhart said.
There is no indication the sergeant abused his position at NOPD to prey on others, Strain said.
The grand jury panel on Wednesday also indicted two other men on sex crimes.
Ryan Mitzell, 19, of Sun was charged with sexual battery for abusing a 7-year-old boy sometime between May 26 and June 1, 2008. The alleged abuse came to light after the victim, now 8, told a relative, who then told authorities, according to the district attorney's office.
In another case, a 20-year-old Covington man, was indicted with aggravated rape for allegedly abusing the five-year-old daughter of his girlfriend between July 20, 2006 and March 2, 2007.
Mississippi law enforcement officials uncovered the alleged abuse after investigating a separate alleged abuse of the victim's brother.
___________________________
http://blog.nola.com/tpnorthshore/2009/05/new_orleans_police_sergeant_ch.html
Saturday, January 17, 2009
NOPO Arrested for Raping Stepson & Stepdaughters
St. Tammany Parish Sheriff's Office deputies arrested a New Orleans police officer Thursday, accused of raping his stepson and two stepdaughters, Sheriff Jack Strain confirmed Saturday morning.
With his lawyer in tow, the 50-year-old Slidell man, a 17-year- veteran and sergeant of the NOPD patrol section, turned himself into authorities Thursday about 4:30 p.m., Strain said.
He was booked into St. Tammany Parish Jail in Covington on three counts of aggravated rape and aggravated incest, Strain said. Strain did not reveal the alleged victims' ages, but under Louisiana law aggravated rape can be charged when a victim is 13 or younger.
Aggravated rape carries a mandatory life in prison sentence if convicted.
The alleged abuse came to light when one of the children told an 'educator' about the abuse, Strain said.
An investigation was launched, and 'obviously it didn't take long to realize who (the suspect was),' Strain said.
'I personally spoke with (NOPD Police) Chief Warren Riley to tell him about our investigation,' Strain said. 'He offered any support the department can give and complete cooperation.'
The man, whose name is being withheld to protect the victims, has been suspended from the NOPD pending the investigation, Bob Young, an NOPD spokesman said.
The investigation took six weeks after the 'kids were removed from custody' because St. Tammany Parish Sheriff's Office investigators wanted to build a strong case, Strain said.
'We believe this case is just as good as any we solved,' Strain said. 'It's an incredibly unfortunate incident, but it shows how serious we are.'
Detectives investigated where other abuses occurred in the suspect's role as a police officer, but to date 'we have seen no evidence that there could be any other victims related to his job,' Strain said.
With his lawyer in tow, the 50-year-old Slidell man, a 17-year- veteran and sergeant of the NOPD patrol section, turned himself into authorities Thursday about 4:30 p.m., Strain said.
He was booked into St. Tammany Parish Jail in Covington on three counts of aggravated rape and aggravated incest, Strain said. Strain did not reveal the alleged victims' ages, but under Louisiana law aggravated rape can be charged when a victim is 13 or younger.
Aggravated rape carries a mandatory life in prison sentence if convicted.
The alleged abuse came to light when one of the children told an 'educator' about the abuse, Strain said.
An investigation was launched, and 'obviously it didn't take long to realize who (the suspect was),' Strain said.
'I personally spoke with (NOPD Police) Chief Warren Riley to tell him about our investigation,' Strain said. 'He offered any support the department can give and complete cooperation.'
The man, whose name is being withheld to protect the victims, has been suspended from the NOPD pending the investigation, Bob Young, an NOPD spokesman said.
The investigation took six weeks after the 'kids were removed from custody' because St. Tammany Parish Sheriff's Office investigators wanted to build a strong case, Strain said.
'We believe this case is just as good as any we solved,' Strain said. 'It's an incredibly unfortunate incident, but it shows how serious we are.'
Detectives investigated where other abuses occurred in the suspect's role as a police officer, but to date 'we have seen no evidence that there could be any other victims related to his job,' Strain said.
Tuesday, October 21, 2008
Officer Christopher Buckley Arrested for Raping 13-year-old girl
A ten-year veteran of the New Orleans Police Department was arrested for the rape of a 13-year-old girl, Superintendent Warren Riley announced in a statement.
Christopher Buckley, 36, was with the Fifth District before resigning Tuesday, said NOPD spokesman Bob Young.
Buckley was arrested following an investigation by the NOPD’s Public Integrity Bureau, police said.
The officer was taken to Central Lock-Up Tuesday around 4 p.m., booking him for rape, police said.
Police said that the investigation into the crime is still ongoing.
Christopher Buckley, 36, was with the Fifth District before resigning Tuesday, said NOPD spokesman Bob Young.
Buckley was arrested following an investigation by the NOPD’s Public Integrity Bureau, police said.
The officer was taken to Central Lock-Up Tuesday around 4 p.m., booking him for rape, police said.
Police said that the investigation into the crime is still ongoing.
Monday, September 29, 2008
City of New Orleans Settles Lawsuit Against Officers Accused of Planting Drugs
The raid on Russell's Tire Shop had the look of a successful garden-variety drug bust.
Acting on an informant's tip, police stormed the building on North Galvez Street and hauled out three suspects, a bag of heroin, a quarter-ounce of crack cocaine and more than $4,000 in cash. Police say they found the evidence in plain sight.
But 11 months after the August 2002 bust, prosecutors dropped the charges. And this June, attorneys for the city offered the men accused of dealing the drugs $85,000 to settle a lawsuit that alleged the four New Orleans police detectives involved in the raid planted the drugs -- and uprooted the lives of innocent people.
Prosecutors had a problem: In the years since the bust, the police officers involved ran into legal troubles of their own.
One detective tested positive for cocaine and another was caught using a stolen Social Security number to lease a Corvette. A third officer was pulled over in Illinois driving an unauthorized New Orleans Police Department squad car; authorities found him with some marijuana and a woman wanted for prostitution. The fourth detective resigned as police were investigating a stolen gun found in his squad car. All four officers were ultimately fired or quit.
Sharply diverging claims surrounding the 2002 drug bust may never be put to rest; no judge or jury rendered a final judgment. But a look at the raid and its aftermath offers a window into the tactics of one team of narcotics officers -- the kinds of alleged abuses that critics say foster suspicion toward police.
The three drug suspects -- Leo Hammond, his son Gregory Hammond and Tyrone Taylor -- say they were the victims of rogue cops who were willing to frame innocent men after a bust turned up empty. None of the accused had outstanding warrants or prior arrests at the time of the raid. All passed court-ordered drug tests, court documents show.
The city attorney who defended the officers, Jim Mullaly, still stands behind them, asking: Why would anyone plant so much heroin, more than 30 grams? Why frame men they didn't know?
None of the officers involved in the case could be reached to comment for this article, and NOPD superiors declined to discuss the matter until completing a records search. The officers' accounts come from sworn depositions in the civil case, as does the account of the unnamed police informant. Information about the officers' alleged subsequent misconduct was documented in internal police memoranda that turned up during the civil case.
Russell's Tire Shop is a tiny, one-story building tucked into the 100 block of North Galvez. Russell Taylor, Tyrone Taylor's father, bought the property in the late 1970s and the stoop out front became a hangout for acquaintances.
Leo Hammond, 48, an air-conditioning repairman, said the shop has long served as a place to rest between jobs since he has no office of his own. Tyrone Taylor, 41, was the shop's manager at the time and a lifelong friend of Hammond's. Gregory Hammond, a 23-year-old administrative assistant for the Recovery School District, spent time at the tire shop as a small child.
Detectives involved in the case -- Steven Payne, Eric Smith and Earl Razor -- testified during civil proceedings that they had heard rumors of drug dealing at the tire shop but didn't act on them until they were transferred to that part of town. It was around July 2002 that the officers were moved from the 5th District to the 1st, which includes the Galvez Street business. In the 1st District, they worked under the narcotics unit's supervisor, William Marks.
In his application for a search warrant, Payne said a longtime informant told him a man known as Cadillac was dealing crack cocaine and marijuana just outside the shop.
Payne said he conducted surveillance on the shop twice, watching with a pair of binoculars from an unmarked car.
Payne said he witnessed a man matching Cadillac's description selling narcotics. He said that he followed up with a controlled purchase, giving the informant cash to buy crack at the shop. During a stakeout, hours before the raid, he said two men later identified as Gregory Hammond and Tyrone Taylor made a similar sale.
Brett Prendergast, an attorney for the Hammonds and Taylor, says there were significant discrepancies in the police and informant accounts. He argues that Payne's surveillance probably never happened.
Payne wrote in his warrant application that Cadillac "will not let anyone else inside the tire shop with him." Instead, Payne said, Cadillac would make contact with customers outside and retrieve the drugs from inside the shop.
But the informant told lawyers otherwise during a discovery hearing: "I've never given Cadillac money on the outside. He would not accept money on the outside. . . . Every time I went there, I went in."
In the hours before the raid, Payne said, the informant contacted him again to say that Cadillac was in the tire shop. The informant testified that such a tip-off never happened.
Weeks later, the informant said, Payne turned up and warned against talking to investigators about the tire shop case: "He said in the event someone should come, I know nothing, I didn't see anything."
--- 'All I saw was their guns' ---
Police said that when they stormed the tire shop on Aug. 1, 2002, Cadillac was not there.
As police arrived, they saw Gregory Hammond dash inside. Razor, the fastest man in the unit, chased him inside, followed by Payne and Smith.
Gregory Hammond said he had reason to bolt: A spate of shootings in the neighborhood had left him anxious. He said when police pulled up in unmarked cars, "All I saw was their guns." Police said he ran to flush the drugs.
Razor grabbed Gregory Hammond when he fell, while Smith and Payne handcuffed his father and Taylor.
When Payne came inside the shop, he was angry and asked to see the man who ran, Hammond testified. When he saw the younger Hammond, the detective punched him in the eye, Taylor and Gregory Hammond said. The detectives maintained that Hammond had hit something on the ground or the edge of the desk as he fell. Hammond was taken to Charity Hospital before booking because of swelling under his eye.
Also in dispute is the exact placement of the drugs detectives said they found.
In his arrest report and in a hearing in criminal court weeks after the raid, Payne said he found the drugs in plain view on the desk, giving police cause to arrest all three men. But Razor and Marks both said Payne had the heroin and crack in his hand the first time they saw it. Another officer, Smith, testified that the drugs were found on Gregory Hammond.
"I don't know where, it may have been in the waist -- in his waistband," Smith said.
Gregory Hammond and Taylor filed a formal complaint with the NOPD Public Integrity Bureau, denying they sold drugs and alleging Payne had struck Gregory and stole money found on the shop desk. The investigation concluded there was not enough evidence to prove the claims.
--- Legal trouble ---
All three men were booked with possession and intent to distribute heroin and crack. Each pleaded innocent. But as they awaited trial, the detectives who arrested them ran into legal problems.
Smith resigned from the NOPD in March 2003, 11 days before he was indicted on identity theft charges. Investigators accused him of using a fraudulent Social Security number to lease a Corvette. He pleaded guilty to one count of identity fraud.
Two months later, in May 2003, the NOPD began investigating Razor for allegedly stealing heroin from a suspected drug dealer in police custody. During that investigation, Razor tested positive for cocaine. Investigators also found two plastic bags with drug residue in the glove compartment of his squad car. Razor was fired but maintained his innocence.
In July 2003, the Orleans Parish district attorney's office dropped the tire shop case. In a written statement outlining its rationale, the office noted that the case relied too heavily on Payne's word. And that testimony, the office wrote, "will lack credibility due to his close working relationship with Det. Razor and Det. Smith."
With the criminal case scuttled, the subjects of the raid filed a wrongful arrest suit in federal court on Aug. 1, 2003.
Within months, the detective in charge of the police unit, Marks, had his own run-in with law enforcement.
An Illinois state trooper pulled Marks over in November 2003 for speeding. Marks had borrowed an NOPD squad car from Payne to make a trip to Milwaukee. The state trooper reported finding two women in the car. One was a convicted felon with an outstanding warrant for prostitution in Chicago. Under her seat, the trooper found a small bag of marijuana, "a partially burned marijuana stuffed cigar and a smoking pipe," according to police documents. A stolen 9 mm handgun was found in the trunk, documents show.
Marks begged the trooper not to contact the NOPD, fearing he would be fired for taking the car out of state, police documents show. He was fired less than a year later.
Payne denied any knowledge of a gun in the trunk and testified that he took a dim view of Marks, calling him "a lazy pig." An internal police investigation sustained charges of possession of a stolen gun against Payne, who resigned for "personal reasons, and medical reasons" while awaiting a disciplinary hearing, documents show.
As for the accused, Leo Hammond said that when police accused him of dealing drugs, "that's when I knew they were dirty cops. Anyone who knows me, knows better."
"Drugs is something I never affiliated with, never," he said. "I said, 'You know what, I'm going to fight this all the way.' I couldn't live with just letting it go like that."
. . . . . . .
timespicayune.com
Acting on an informant's tip, police stormed the building on North Galvez Street and hauled out three suspects, a bag of heroin, a quarter-ounce of crack cocaine and more than $4,000 in cash. Police say they found the evidence in plain sight.
But 11 months after the August 2002 bust, prosecutors dropped the charges. And this June, attorneys for the city offered the men accused of dealing the drugs $85,000 to settle a lawsuit that alleged the four New Orleans police detectives involved in the raid planted the drugs -- and uprooted the lives of innocent people.
Prosecutors had a problem: In the years since the bust, the police officers involved ran into legal troubles of their own.
One detective tested positive for cocaine and another was caught using a stolen Social Security number to lease a Corvette. A third officer was pulled over in Illinois driving an unauthorized New Orleans Police Department squad car; authorities found him with some marijuana and a woman wanted for prostitution. The fourth detective resigned as police were investigating a stolen gun found in his squad car. All four officers were ultimately fired or quit.
Sharply diverging claims surrounding the 2002 drug bust may never be put to rest; no judge or jury rendered a final judgment. But a look at the raid and its aftermath offers a window into the tactics of one team of narcotics officers -- the kinds of alleged abuses that critics say foster suspicion toward police.
The three drug suspects -- Leo Hammond, his son Gregory Hammond and Tyrone Taylor -- say they were the victims of rogue cops who were willing to frame innocent men after a bust turned up empty. None of the accused had outstanding warrants or prior arrests at the time of the raid. All passed court-ordered drug tests, court documents show.
The city attorney who defended the officers, Jim Mullaly, still stands behind them, asking: Why would anyone plant so much heroin, more than 30 grams? Why frame men they didn't know?
None of the officers involved in the case could be reached to comment for this article, and NOPD superiors declined to discuss the matter until completing a records search. The officers' accounts come from sworn depositions in the civil case, as does the account of the unnamed police informant. Information about the officers' alleged subsequent misconduct was documented in internal police memoranda that turned up during the civil case.
Russell's Tire Shop is a tiny, one-story building tucked into the 100 block of North Galvez. Russell Taylor, Tyrone Taylor's father, bought the property in the late 1970s and the stoop out front became a hangout for acquaintances.
Leo Hammond, 48, an air-conditioning repairman, said the shop has long served as a place to rest between jobs since he has no office of his own. Tyrone Taylor, 41, was the shop's manager at the time and a lifelong friend of Hammond's. Gregory Hammond, a 23-year-old administrative assistant for the Recovery School District, spent time at the tire shop as a small child.
Detectives involved in the case -- Steven Payne, Eric Smith and Earl Razor -- testified during civil proceedings that they had heard rumors of drug dealing at the tire shop but didn't act on them until they were transferred to that part of town. It was around July 2002 that the officers were moved from the 5th District to the 1st, which includes the Galvez Street business. In the 1st District, they worked under the narcotics unit's supervisor, William Marks.
In his application for a search warrant, Payne said a longtime informant told him a man known as Cadillac was dealing crack cocaine and marijuana just outside the shop.
Payne said he conducted surveillance on the shop twice, watching with a pair of binoculars from an unmarked car.
Payne said he witnessed a man matching Cadillac's description selling narcotics. He said that he followed up with a controlled purchase, giving the informant cash to buy crack at the shop. During a stakeout, hours before the raid, he said two men later identified as Gregory Hammond and Tyrone Taylor made a similar sale.
Brett Prendergast, an attorney for the Hammonds and Taylor, says there were significant discrepancies in the police and informant accounts. He argues that Payne's surveillance probably never happened.
Payne wrote in his warrant application that Cadillac "will not let anyone else inside the tire shop with him." Instead, Payne said, Cadillac would make contact with customers outside and retrieve the drugs from inside the shop.
But the informant told lawyers otherwise during a discovery hearing: "I've never given Cadillac money on the outside. He would not accept money on the outside. . . . Every time I went there, I went in."
In the hours before the raid, Payne said, the informant contacted him again to say that Cadillac was in the tire shop. The informant testified that such a tip-off never happened.
Weeks later, the informant said, Payne turned up and warned against talking to investigators about the tire shop case: "He said in the event someone should come, I know nothing, I didn't see anything."
--- 'All I saw was their guns' ---
Police said that when they stormed the tire shop on Aug. 1, 2002, Cadillac was not there.
As police arrived, they saw Gregory Hammond dash inside. Razor, the fastest man in the unit, chased him inside, followed by Payne and Smith.
Gregory Hammond said he had reason to bolt: A spate of shootings in the neighborhood had left him anxious. He said when police pulled up in unmarked cars, "All I saw was their guns." Police said he ran to flush the drugs.
Razor grabbed Gregory Hammond when he fell, while Smith and Payne handcuffed his father and Taylor.
When Payne came inside the shop, he was angry and asked to see the man who ran, Hammond testified. When he saw the younger Hammond, the detective punched him in the eye, Taylor and Gregory Hammond said. The detectives maintained that Hammond had hit something on the ground or the edge of the desk as he fell. Hammond was taken to Charity Hospital before booking because of swelling under his eye.
Also in dispute is the exact placement of the drugs detectives said they found.
In his arrest report and in a hearing in criminal court weeks after the raid, Payne said he found the drugs in plain view on the desk, giving police cause to arrest all three men. But Razor and Marks both said Payne had the heroin and crack in his hand the first time they saw it. Another officer, Smith, testified that the drugs were found on Gregory Hammond.
"I don't know where, it may have been in the waist -- in his waistband," Smith said.
Gregory Hammond and Taylor filed a formal complaint with the NOPD Public Integrity Bureau, denying they sold drugs and alleging Payne had struck Gregory and stole money found on the shop desk. The investigation concluded there was not enough evidence to prove the claims.
--- Legal trouble ---
All three men were booked with possession and intent to distribute heroin and crack. Each pleaded innocent. But as they awaited trial, the detectives who arrested them ran into legal problems.
Smith resigned from the NOPD in March 2003, 11 days before he was indicted on identity theft charges. Investigators accused him of using a fraudulent Social Security number to lease a Corvette. He pleaded guilty to one count of identity fraud.
Two months later, in May 2003, the NOPD began investigating Razor for allegedly stealing heroin from a suspected drug dealer in police custody. During that investigation, Razor tested positive for cocaine. Investigators also found two plastic bags with drug residue in the glove compartment of his squad car. Razor was fired but maintained his innocence.
In July 2003, the Orleans Parish district attorney's office dropped the tire shop case. In a written statement outlining its rationale, the office noted that the case relied too heavily on Payne's word. And that testimony, the office wrote, "will lack credibility due to his close working relationship with Det. Razor and Det. Smith."
With the criminal case scuttled, the subjects of the raid filed a wrongful arrest suit in federal court on Aug. 1, 2003.
Within months, the detective in charge of the police unit, Marks, had his own run-in with law enforcement.
An Illinois state trooper pulled Marks over in November 2003 for speeding. Marks had borrowed an NOPD squad car from Payne to make a trip to Milwaukee. The state trooper reported finding two women in the car. One was a convicted felon with an outstanding warrant for prostitution in Chicago. Under her seat, the trooper found a small bag of marijuana, "a partially burned marijuana stuffed cigar and a smoking pipe," according to police documents. A stolen 9 mm handgun was found in the trunk, documents show.
Marks begged the trooper not to contact the NOPD, fearing he would be fired for taking the car out of state, police documents show. He was fired less than a year later.
Payne denied any knowledge of a gun in the trunk and testified that he took a dim view of Marks, calling him "a lazy pig." An internal police investigation sustained charges of possession of a stolen gun against Payne, who resigned for "personal reasons, and medical reasons" while awaiting a disciplinary hearing, documents show.
As for the accused, Leo Hammond said that when police accused him of dealing drugs, "that's when I knew they were dirty cops. Anyone who knows me, knows better."
"Drugs is something I never affiliated with, never," he said. "I said, 'You know what, I'm going to fight this all the way.' I couldn't live with just letting it go like that."
. . . . . . .
timespicayune.com
Friday, August 08, 2008
Officer Carlos Peralta Charged with Rape
A New Orleans police officer was charged with rape Thursday by the Orleans Parish district attorney's office.
Carlos Peralta, 38, was charged with forcible rape in connection with an assault in March 2007. Peralta has worked for the New Orleans Police Department since 1996 and was assigned to the 4th District as a patrol officer at the time of the incident, according to Civil Service records.
This is the second time Peralta has been charged in connection with the incident. In December, the district attorney's office filed a bill of information charging Peralta with second-degree battery in the same assault, which Assistant District Attorney Robert White said was part of a plea deal that the woman had consented to. But last month, Peralta declined to plead guilty to the battery charge, prompting White to file the forcible rape charge, a far more serious charge that carries a sentence of up to 40 years.
White said the second-degree battery charge made sense only as part of a plea deal. "The elements of the crime would most closely match up with forcible rape," he said.
Also on Thursday, the DA's office charged a former New Orleans police officer, Joseph Lusk, with malfeasance; he is accused of tipping off a woman to drug surveillance activity.
In the rape case, Peralta was investigated by an internal police unit as well as the district attorney's office, White said.
Peralta's attorney, Robert Jenkins, has denied that Peralta ever intended to take a plea deal. He called the new charge an attempt by the district attorney's office to pressure his client to plead guilty and he reiterated his commitment to fight the case.
"We're ready to go," Jenkins said. "Mr. Peralta is innocent and we're going to prove it."
During a recent City Council hearing, New Orleans Police Superintendent Warren Riley was asked about the case, and said Peralta has been assigned to desk duty pending the outcome of the criminal case.
Peralta allegedly raped a woman at a party attended by several off-duty police officers, Riley said. The Police Department did not terminate Peralta because of "conflicting stories" in the initial police report, he said, adding that officers could not locate the alleged victim for some time.
"We are not going to terminate somebody when we have conflicting statements from witnesses," Riley said. "Until the case goes to trial, that person is not guilty."
The Metropolitan Crime Commission, a watchdog group, has been monitoring the case at the request of the woman, who has since moved out of state. Rafael Goyeneche, the commission's president, said the woman will cooperate with prosecutors.
Also on Thursday, Lusk, 46, was charged with malfeasance in office. He resigned from the Police Department in April, the day after a woman told officers that Lusk had warned her via a cell phone text message about drug surveillance in Algiers to help her avoid arrest when she bought drugs. Lusk was booked with malfeasance by the NOPD's Public Integrity Bureau the following week.
Lusk, who was a 4th District task force officer, denies the allegations, said Frank DeSalvo, his attorney. "I think Joe has a valid defense and we are going to pursue it," he said.
Carlos Peralta, 38, was charged with forcible rape in connection with an assault in March 2007. Peralta has worked for the New Orleans Police Department since 1996 and was assigned to the 4th District as a patrol officer at the time of the incident, according to Civil Service records.
This is the second time Peralta has been charged in connection with the incident. In December, the district attorney's office filed a bill of information charging Peralta with second-degree battery in the same assault, which Assistant District Attorney Robert White said was part of a plea deal that the woman had consented to. But last month, Peralta declined to plead guilty to the battery charge, prompting White to file the forcible rape charge, a far more serious charge that carries a sentence of up to 40 years.
White said the second-degree battery charge made sense only as part of a plea deal. "The elements of the crime would most closely match up with forcible rape," he said.
Also on Thursday, the DA's office charged a former New Orleans police officer, Joseph Lusk, with malfeasance; he is accused of tipping off a woman to drug surveillance activity.
In the rape case, Peralta was investigated by an internal police unit as well as the district attorney's office, White said.
Peralta's attorney, Robert Jenkins, has denied that Peralta ever intended to take a plea deal. He called the new charge an attempt by the district attorney's office to pressure his client to plead guilty and he reiterated his commitment to fight the case.
"We're ready to go," Jenkins said. "Mr. Peralta is innocent and we're going to prove it."
During a recent City Council hearing, New Orleans Police Superintendent Warren Riley was asked about the case, and said Peralta has been assigned to desk duty pending the outcome of the criminal case.
Peralta allegedly raped a woman at a party attended by several off-duty police officers, Riley said. The Police Department did not terminate Peralta because of "conflicting stories" in the initial police report, he said, adding that officers could not locate the alleged victim for some time.
"We are not going to terminate somebody when we have conflicting statements from witnesses," Riley said. "Until the case goes to trial, that person is not guilty."
The Metropolitan Crime Commission, a watchdog group, has been monitoring the case at the request of the woman, who has since moved out of state. Rafael Goyeneche, the commission's president, said the woman will cooperate with prosecutors.
Also on Thursday, Lusk, 46, was charged with malfeasance in office. He resigned from the Police Department in April, the day after a woman told officers that Lusk had warned her via a cell phone text message about drug surveillance in Algiers to help her avoid arrest when she bought drugs. Lusk was booked with malfeasance by the NOPD's Public Integrity Bureau the following week.
Lusk, who was a 4th District task force officer, denies the allegations, said Frank DeSalvo, his attorney. "I think Joe has a valid defense and we are going to pursue it," he said.
Friday, May 16, 2008
NOPD Officer Arrested for Beating and Stealing from Citizens
A New Orleans police officer was arrested Thursday morning on charges he beat two people and stole a wallet while on duty.
Officer Rydell Diggs, 31, a seven-year veteran of the NOPD assigned to the 2nd District, was booked into the Orleans Parish jail on two counts of aggravated battery, one count of theft and one count of malfeasance in office, according to jail records.
The charges against Diggs allege that he committed aggravated battery with a police baton on a man and aggravated battery with pepper spray on a woman.
The charges resulted from a complaint brought to the Police Department's Public Integrity Bureau, the department's internal investigative unit, police said. The complainant accused the officer of taking $300 and beating the man during a traffic stop on Aug. 7, 2007, at Monroe and Hickory streets in West Carrollton.
Diggs was a patrolman assigned to the 2nd District, which covers a wide swath of Uptown. NOPD spokesman Bob Young said the time between the complaint and the charges are because of the extensive work required in developing the case.
"It took time to develop witnesses in the case," Young said.
As of Thursday, Diggs was suspended without pay pending the outcome of the case and final review by the police superintendent, according to police.
The charges against Diggs have been accepted by the Orleans Parish district attorney, according to jail records. The case, however, has not been allotted to a criminal court judge and a court date has not been set.
A spokeswoman for the district attorney's office declined to comment.
Diggs' criminal case file was not available Thursday, according to the magistrate clerk's office.
He was released on his own recognizance Thursday via an order by Judge Laurie White, according to court records. That means he did not have to pay bail or show up for a first appearance in magistrate court.
Officer Rydell Diggs, 31, a seven-year veteran of the NOPD assigned to the 2nd District, was booked into the Orleans Parish jail on two counts of aggravated battery, one count of theft and one count of malfeasance in office, according to jail records.
The charges against Diggs allege that he committed aggravated battery with a police baton on a man and aggravated battery with pepper spray on a woman.
The charges resulted from a complaint brought to the Police Department's Public Integrity Bureau, the department's internal investigative unit, police said. The complainant accused the officer of taking $300 and beating the man during a traffic stop on Aug. 7, 2007, at Monroe and Hickory streets in West Carrollton.
Diggs was a patrolman assigned to the 2nd District, which covers a wide swath of Uptown. NOPD spokesman Bob Young said the time between the complaint and the charges are because of the extensive work required in developing the case.
"It took time to develop witnesses in the case," Young said.
As of Thursday, Diggs was suspended without pay pending the outcome of the case and final review by the police superintendent, according to police.
The charges against Diggs have been accepted by the Orleans Parish district attorney, according to jail records. The case, however, has not been allotted to a criminal court judge and a court date has not been set.
A spokeswoman for the district attorney's office declined to comment.
Diggs' criminal case file was not available Thursday, according to the magistrate clerk's office.
He was released on his own recognizance Thursday via an order by Judge Laurie White, according to court records. That means he did not have to pay bail or show up for a first appearance in magistrate court.
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