Officer Michael Valdez Arrest Man for Filming Another Arrest

A Florida man is facing criminal charges after an officer arrested him – all for taping the officer as he attempted to detain another individual.

The incident began on St. Patrick’s Day, when Miami-Dade Officer Michael Valdez arrived at a store in Cutler Bay in order to arrest the owner on misdemeanor traffic charges. Freelance disc jockey Lazaro Estrada was performing a promotional event at the time Valdez arrived, and started recording the arrest on his smartphone.

According to CBS Miami, Estrada said he started taping the incident when the officer threw the handcuffed owner down onto the sidewalk. Valdez can be seen signaling to Estrada to move away, and the disc jockey can be seen stepping back into the store, though he continues recording.

“I backed off into the building and I stayed behind the glass doors,” Estrada said to CBS 4. “Obviously, all I had was my phone in my hands in clear sight…and he only told me once. I did what he told me.”

When more officers arrived at the scene, they told Estrada they needed his information. Estrada asked what he did wrong, and later Valdez criticized Estrada for not listening to his orders.

“The guy’s armed, three times my size, I’m telling you to back off,” Valdez told Estrada. When the officer says Estrada will be arrested, the disc jockey asks what for and the officer’s reply can’t really be heard.

Ultiamtely, Valdez charged Estrada with misdemeanors: obstruction of justice and resisting arrest without violence.

According to CBS Miami, the police report on the incident states Valdez gave “verbal commands to back away and he refused to do so.” Valdez also wrote that he “felt threatened” by Estrada’s presence.

Lawyers for Estrada -- Frank Gaviria and Jonathan Perazzo – claim their client did nothing wrong.

“At no point did he interfere, impede or obstruct the officer in the performance of his duties,” Gaviria told CBS 4. “The video clearly shows Mr. Estrada was a very safe distance away from the officer.”

“Just like police officers have their dash cams, private citizens have their cell phones. There’s no difference,” Perazzo added.

This isn’t the first time police have reacted to being filmed with arrests. Earlier this year, a Massachusetts man was detained and charged with violating the state’s wiretapping rules when he took out his cell phone and recorded an officer cursing while he worked a street detail. The officer stated the resident was “secretly audio taping,” but the man claimed his phone was out in full view.

In a particularly dramatic case last year, California police arrested a man for allegedly disturbing a crime scene with loud music and video recording them. As they attempted to arrest the man, his dog jumped out from the car and was shot dead at the scene.

Meanwhile, police in Dallas, Texas, came out earlier this month and asked citizens to stop filming police, since the behavior was creating “major safety issues.” As RT reported, police argue that it’s not clear who is following them many times and why they are filming their actions.

A 2012 ruling by the Supreme Court, however, upheld the citizen’s right to record on-duty police officers.

Officers David Ayotte & John Melanson Accused of Excessive Force

Investigators have uncovered allegations that two Bellingham, Mass., police officers using excessive force falsely arrested a woman.

The troubling events leading up to the arrest were all caught on camera. Team 5 Investigates' Kathy Curran obtained the exclusive video showing exactly what happened.

Holly Graham, 29, struggled with the two police officers moments before she was placed under arrest in October 2012.

Watch video of encounter with police

The events leading up to her arrest were recorded by Graham on her iPhone which show her questioning the officers as they were leaving her apartment.  Graham told Team 5 she wanted to know why they showed up at her apartment, knocked down her door and searched her home without a warrant.

According to the police report, Officer David Ayotte and Officer John Melanson were looking for Graham's friend who was wanted by police on an outstanding warrant.  Graham claims police told her they were responding to a complaint for loud music.

"Where's the warrant at? You came for loud music, right? That's what you came for? What's that? Loud music?" the video records Graham shouting as she followed both officers down stairs.

A short struggle then ensued in the stairway when the phone was dropped and the video shows Graham on the ground with Ayotte on top of her.

"Can you tell me what was happening at that point?" asked Team 5 Investigates' Curran.

"He had pushed my head into my stairs which split my lip and he was pushing my head against the stairs," said Graham.

Ayotte then accused her of threatening him with a fork as Melanson stood nearby.

"You got a fork in your hand, you come after me?" asked Ayotte.

"I'm not coming after you. I did not come after you," said Graham.

"Who the (expletive) do you think you are?" asked Ayotte.

"I did not come after you," reiterated Graham.

"You're going to jail now, (expletive)," said Ayotte.

According to the police report, Ayotte wrote he felt threatened and at a disadvantage. He said during the skirmish the fork struck the side of his head leaving abrasions.

"You never threatened with a fork?" asked Curran.

"Never," answered Graham.

"Why did you have a fork in your hand," asked Curran.

"I was cooking dinner, I didn't realize I had the fork in my hand," said Graham.

The officers threatened to use chemical spray on her twice. Graham was arrested and charged with assault and battery with a dangerous weapon, resisting arrest, disorderly conduct and assault and battery on a police officer. Prosecutors later dismissed all of the charges.

"Had she not had the videotape, she might have ended up being convicted because it would have been her word against the word of two police officers," said attorney Howard Friedman, who is representing Graham.

Friedman has filed a lawsuit in federal court against officers Ayotte and Melanson alleging they violated Graham's civil rights by illegally entering her apartment, falsely arresting her and using excessive force.

Ayotte declined Team 5's requests for an interview.

"We'd like to ask you some questions about the incident with Holly Graham," said Curran.

"I have no comment, I'm sorry," said Ayotte.

"You think this was a case of excessive force?" asked Curran.

"I have no comment," said Ayotte.

His attorney, Kareem Morgan, told Team 5 Investigates Ayotte believes his actions were justified and he did what was necessary to defend himself.

Melanson never got back to Team 5 Investigates despite repeated requests for comment.

"I look at police a whole other way now. You know, I don't look at them as protectors or public servants. I fear them and you shouldn't fear the people who are supposed to help you," said Graham.

Bellingham Police Chief Gerry Daigle told Team 5 Investigates his department did not conduct an internal investigation because he believes his officers' actions were justified.

This wasn't the first time the police officers involved had contact with Graham. At the time of this incident, Graham had faced charges in several different cases but was never convicted.

Former Officer Rey Muniz Named in Lawsuit

A former Austin police officer is named in a federal lawsuit for failing to stop state troopers from making a false arrest. The KVUE Defenders uncovered why this isn’t the first time the officer has been accused of mishandling a case.

Rey Muniz has a difficult time trusting law enforcement. In a recently filed federal lawsuit, the Austin man claims May 2012 dashboard camera video shows a state trooper assaulting and falsely arresting him in a parking for not providing his ID.

“When an officer asks for your ID, you give it to him,” says DPS Trooper Chancy Davis in the video.

“Am I under arrest?" Muniz later asks in the video. 
"You’re being detained,” says Davis.

You can't see it in the video, but you can hear Muniz asking Davis to stop touching him.

Claiming that he felt he threatened, Muniz calls 911 and reports the incident.

A few minutes later, Austin Police Officer Timothy Little responds. When Muniz gets off the phone, he walks towards him, but Little signals him to stop and speaks with DPS troopers first.

"He should have came to me and talk to me. I’m the one who called 911," said Muniz.

"He arguably conspired with the other officers that were on site to get that story straight," said Jeff Kelly, Muniz’s attorney. "If he had gone directly to speak with Mr. Muniz, he would realize that he was being assaulted by the officers."

Troopers eventually arrested Muniz for failing to provide his ID and resisting arrest. Up to that point, Muniz had a clean record. The district attorney's office later dropped all charges.

So, what about Muniz’s claims DPS troopers assaulted him? While Little responded, the KVUE Defenders found he did not file a report on Muniz’s claims as a department policy clearly states should happen when reporting on citizen complaints.

Austin police say Little resigned more than a year after the Muniz's 911 call. APD says it's against the law to comment on the circumstances of his resignation.

This isn’t the first time Little has been accused of mishandling a 911 call. In March 2004, he responded to a 911 call from an Austin apartment.

According to an internal affairs investigation, when the door opened he recognized the man as “a police academy classmate.” The fellow officer told him he got into a fight with his girlfriend.

Instead of reporting it, Little told dispatch, “All quiet inside. No answer.”
The department suspended him for covering up for another officer’s conduct.

While Little is no longer with APD, the department remains liable for his action.

The KVUE Defenders wanted to know whether Austin Police Chief Art Acevado believes Little acted appropriately and if this is a broader problem that needs to be addressed in the department.

APD says the chief cannot discuss pending litigation or former employees.

In addition to the federal lawsuit, Muniz filed a complaint with the Travis County District Attorney's Office. It confirms it's investigating Muniz's complaint.

Go here for part one of the investigation.

Officer Ray Roberts Suspended for Making Illegal Arrest

A Murfreesboro Police officer faces 10 days suspension and one year of disciplinary probation after a lengthy investigation by MPD internal affairs into an arrest made by him in November 2008.

Officer Ray Roberts made an illegal arrest of a local Murfreesboro man, Anthony Defeo, on Nov. 30, 2008, for driving without a license, according to investigative reports filed by MPD Sgt. Harry Haigh and Capt. Anita Flagg.

The arrest was for a misdemeanor that happened out of Robert’s presence and was therefor determined to be illegal by several police department investigators over the course of the 6-month-long investigation into the incident.

Capt. Michael Bowen initially proposed Ray be suspended for one month for the infraction, but a document signed by Murfreesboro Police Chief Glenn Chrisman and Maj. David Hudgens in May 2009 contained a recommendation that Roberts be terminated from the department for lying during the internal investigation into the matter.

But after an appeals process concluded this week, the proposed firing was reduced to suspension and probation by City Manager Rob Lyons. It was found that Roberts did not lie during the investigation into the matter.

“I find that you exceeded your authority when you made a custodial arrest of Mr. Defeo for a misdemeanor not committed in your presence,” Lyons said, adding that Tennessee law is clear on when arrests are appropriate.

Lyons wrote in a report filed Thursday that Roberts was also investigated for suspicion of violating a general order stating that officers should deal truthfully and honorably with others. It was found he did not violate that order.

“The proposed increase in discipline recommended by Captain Bowen and Major Hudgens centered upon their belief that you were not truthful,” Lyons wrote in Robert’s letter of disciplinary action. “It is apparent that due to your strong headed nature, your failure to accept criticism and advice and the manner in which you sequenced your investigation, you created doubt ... about your truthfulness.”

Lyons goes on to tell Roberts that, even though he did not lie, he will have to regain the confidence of his superiors at the Murfreesboro Police Department.

Reversal of Decision for Former Officer Mark Delapaz

The Texas Court of Criminal Appeals on Wednesday reversed a decision that had overturned two of the three convictions of a former Dallas police officer at the center of the city's fake-drug scandal.

The 5th District Court of Appeals in Dallas ruled in December 2007 that evidence Mark Delapaz lied in other investigations should not have been introduced at the trial.

The Court of Criminal Appeals disagreed. In its ruling, the court said the value of the testimony of other wrongdoing outweighed the negative light it cast on the former officer.

Delapaz is already serving a five-year sentence from another trial. He lied to a judge to obtain a search warrant in connection with the scandal, in which more than two dozen people were falsely arrested when paid Dallas police informants planted fake drugs on them.

Many of those arrested were Hispanic immigrants. The wrongdoing came to light in 2001 and forced the city to pay millions in settlements and led to negative publicity along with personnel changes at the Police Department.

But this week's ruling does not end the Delapaz case. The Criminal Court of Appeals ordered the lower court, whose decision it just overturned, to examine the other issues Delapaz has appealed.

Those remaining issues are whether Delapaz should have been granted a change of venue and whether two concurrent five-year sentences he received for tampering with evidence and aggravated perjury should be served consecutive to his current sentence, as the judge ordered, said April Smith, who represents Delapaz.

If the convictions ultimately stand, Delapaz would begin serving another five years when he is either paroled or serves the time for the first five-year sentence.

Smith said that she was "disappointed" by the decision and that she has not yet spoken to her client about it. She may ask for a rehearing on the issue but she said it is unlikely to change the decision.

But Toby Shook, who prosecuted the case but is now a defense attorney, concurred with the Court of Criminal Appeals. "Obviously, I think it's the correct ruling," he said.

Delapaz was charged after the wrongful arrest of Jose Vega in August 2001. Prosecutors said that the day before Vega's arrest, a paid Dallas police informant, Daniel Alonso, and his friend Roberto Gonzalez planted fake cocaine in a car at a service station where Vega worked.

The following day, video surveillance was set up. Delapaz met with Alonso, but in violation of a police procedure intended to ensure that an informant is not already carrying drugs, he did not search Alonso or his car.

After the supposed buy from Vega, Alonso met Mr. Delapaz at a convenience store and gave him two kilos of what appeared to be cocaine. Police found about 20 more kilos of the substance at the service station.

After Vega's arrest, Delapaz said in a police report and at a trial that he saw Mr. Alonso meet Mr. Vega outside the garage. But video surveillance did not show any such contact.

Another officer, Eddie Herrera, who is also charged with wrongdoing, testified that he did not see Vega and Alonso meet and that Delapaz asked him to lie.

In addition to Delapaz and Herrera, other officers were charged criminally for their role in wrongly sending people to jail.

Jeffrey Haywood was sentenced to two years probation by a judge in May 2007. This month, David Larsen pleaded guilty to misdemeanor attempted tampering with evidence in exchange for two years probation.

Herrera, who testified against Delapaz and Haywood at their trials, will likely plead guilty in exchange for probation, prosecutors say. None of the four are still police officers.

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http://crimeblog.dallasnews.com/archives/2009/03/texas-court-of-crimal-appeals.html

Guthrie Woman Files Lawsuit Claiming she was Wrongfully Arrested

EDMOND

A Guthrie woman claims she was wrongfully arrested on a traffic stop and taken to the Logan County jail where she was subjected to an improper strip search, court papers show.

Anna Lynn Self, of Guthrie, filed the lawsuit in U.S. District Court for the Western District of Oklahoma that names the Logan County sheriff and the City of Guthrie as defendants. The suit was filed in January.

On March 23, 2008, Guthrie Police Officer Wes Henry was patrolling when he noticed a green 1999 four-door hardtop Volkswagen with the rear driver’s side brake light out, according to a Guthrie Police Department report.

Henry stopped the car at Noble and Seventh Street. Police ran a warrant check, which showed that Self was wanted on a Logan County warrant.

At about 11:47 p.m., Henry arrested Self for the outstanding warrant and a sergeant transported Self to the jail, where she was booked.

That was the end of the police report narrative.

Allegations

Self claims she was forced to remove all of her clothing and expose her private parts for viewing by “agents” of Logan County, a practice and procedure she states was utilized by the county jail, according to court papers.

The sheriff had authority as the final decision-maker for the jail to institute and condone such practices, that have occurred in a “systematic pattern,” making him liable, the lawsuit states.

Furthermore, the sheriff failed to adequately train, supervise and discipline including those who “acting under color of law and based upon past policy and custom, deprived Plaintiff of her Fourth and Fifth Amendment rights, inflicting severe mental and physical anguish, humiliation and degradation, all to her detriment,” the lawsuit claims.

The conduct of personnel involved in the plaintiff’s detention and strip search was “intentional, malicious, willful, wanton and in reckless disregard of Plaintiff’s constitutional rights, and grossly negligent, in that this conduct shocks the conscience and is fundamentally offensive to a civilized society,” the lawsuit states.

Self seeks $250,000 for past and future physical and mental pain and suffering, past and future loss of enjoyment of life, and past and future loss of earnings, according to court papers. She also seeks compensation for costs, interest and attorney’s fees, and such other relief as deemed proper.

David Kirk, Guthrie’s attorney in the lawsuit, said he cannot comment on specifics because the case involves pending litigation. Kirk said he has represented the city in several similar cases in the past and the city usually wins. He said he expects Guthrie to prevail in this matter.

Chris Collins, an attorney for former Logan County Sheriff Randy Richardson, listed as a defendant in the original complaint, declined comment because the case involves pending litigation.

In February, an uncontested motion to substitute party was filed on behalf of Richardson, who left office before the lawsuit was filed.

Court Responses

In court proceedings, Guthrie admits the plaintiff was arrested on a traffic complaint and taken to the county jail, but stated that it lacks sufficient information to either admit or deny any allegation regarding what happened to the plaintiff after she was taken to the jail.

Guthrie denies there was a “false arrest, and that the plaintiff was “subjected to a strip search.” The city denies the allegations stemming from the alleged strip search, and denies that the plaintiff is entitled to the relief she is seeking.

Also in court proceedings, the sheriff denies the allegations listed in the lawsuit.

The plaintiff failed to state a claim against the sheriff in his official capacity for any applicable constitutional violation or remedies, and failed to state a claim under the Fourth, Fifth or 14th amendments, the sheriff’s response states.

The sheriff denied allegations of a “pattern of persistent practices known to and approved by the sheriff, in his official capacity, that would be unconstitutional,” according to court papers.

The sheriff “cannot be held liable for any constitutional violations resulting from the acts of its agents, servants or employees under the doctrine of respondeat superior or vicarious liability.”

The sheriff also states there was probable cause for the plaintiff’s arrest, and that any search was based on a legitimate penal and/or safety and security purpose. Furthermore, the sheriff is exempt from liability under state tort claims law, the sheriff states.

Officer Joe Parker Suspected of Framing Drivers

Another Chicago cop is suspected of framing drivers with false arrests for drunken driving, the Chicago Sun-Times has learned.

Joe D. Parker, 59, an officer in the Chicago Police Department's Traffic Enforcement Unit, has been placed on desk duty pending an internal police investigation.

The Cook County state's attorney's office, which is also investigating Parker, has moved to dismiss dozens of DUI arrests he made, according to sources who said investigators began scrutinizing the 23-year police veteran's DUI arrests after video from his squad car did not appear to match an account he gave in an arrest report.

In another case, the city paid Vanessa Davis $100,000 to settle a lawsuit against Parker in which she claimed he wrongly arrested her for DUI in 2005. Davis, a well-known blues singer who suffers from multiple sclerosis, said her anxiety from the arrest caused severe medical complications.

"She was hospitalized for a few days because of a flare-up of her MS," said her attorney, Dan Hefter.

The city also paid $5,000 to settle another false-arrest claim against Parker, who could not be reached for comment.

And he faces a federal lawsuit by Wayne Jackson, who said that, while driving home from work on Lake Shore Drive in 2006, he was stopped by Parker and given a field-sobriety test, which he said he passed. Parker's arrest report said Jackson was swaying and that his speech was slurred.

Jackson said he passed a Breathalyzer test. Parker tried to explain that away, writing in his arrest report that Jackson "attempted to circumvent" the machine.

The scrutiny over Parker's DUI arrests comes almost a year after another Chicago cop, Officer John Haleas, was charged by Cook County prosecutors with perjury, official misconduct and obstructing justice, accused of failing to take important steps in making a DUI arrest in 2005. Prosecutors said Haleas failed to perform a field-sobriety test and lied in his reports. As a result, they dropped more than 50 cases stemming from DUI arrests made by Haleas.

The criminal case is still pending against Haleas, who was honored three times by the Schaumburg-based Alliance Against Intoxicated Motorists as the cop with the most DUI busts in Illinois.

Parker also made the private organization's top DUI cop list when he made 153 drunken-driving arrests in 2006 -- fourth-highest among Chicago officers that year, according to the group.

In 2007, Parker was spotlighted in a Chicago Sun-Times investigation, headlined "Handi-cop parking," that revealed the Police Department was looking into a handful of police employees for suspected misuse of disabled-parking signs.

Parker was using a disabled spot in the 2700 block of West 86th Place even though he had been cleared for regular duty by the department, a police spokeswoman said at the time. He had been injured in a car crash three years earlier but was deemed "fit for duty" since then, the spokeswoman said.

Parker is still using the space, parking his Toyota Camry Solara in the spot -- which still has disabled-parking signs on both sides.

In 2007, Chicago Revenue Director Bea Reyna-Hickey said she was going to ferret out disabled-parking cheaters. She did not respond to a request for comment on Parker's continued use of a disabled-parking spot.

Bill Bogdan, disability liaison to Illinois Secretary of State Jesse White, said Parker was given Illinois disability license plates in 2006, after a physician certified he was eligible. The plates must be renewed every four years, Bogdan said.

While it appears Parker received the plates legitimately, Bogdan questioned why the officer would be parking in a disabled spot if he had been deemed fit for police duty.

"If he is at work with no restrictions, you would want to question his use of a disability placard or sign in front of his house," Bogdan said.

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http://www.wbbm780.com/Another-DUI-Cop-Accused-Of-False-Arrests/3900435

District Attorney's Office Reviewing Cases Filed by Officers

The Dallas County district attorney's office is reviewing dozens of cases filed by six Dallas police officers after the officers assisted in an arrest that put a man behind bars for 10 months on what prosecutors say were false charges.

Documents obtained by The Dallas Morning News show prosecutors concluded that Senior Cpl. David Nevitt lied when he said Thomas Hannon had a gun and drugs in his possession when the six officers participated in Hannon's arrest outside a North Dallas hotel in August 2007. Attorney Phil Burleson said Nevitt denies any wrongdoing in this case, as well as any other cases.

"He did not lie to the district attorney's office," Burleson said. "He has no reason to. He believed at the time [of the Hannon arrest] that it was the correct individual."

Hannon, a convicted felon, was jailed until last March, when prosecutors dropped the charges because Hannon's attorney obtained a videotape that showed another man carrying a bag containing the gun and drugs.

The case calls into question the integrity of a police department still recovering from a 2001 scandal in which dozens of false arrests were made after fake drugs were planted on innocent people by police informants.

"I would hope that everybody has learned the lessons of the fake-drug scandal," said Bill Wirskye, who is representing two clients with cases involving officers who participated in the Hannon arrest. "I have serious concerns about their credibility and the possibility of a pattern of illegal searches."

All six officers involved in Hannon's arrest – Nevitt, Lawrence Coddington, Jerry Dodd, David Durica, Frank Poblenz and Randy Sundquist – were named in a federal lawsuit filed last month alleging a violation of his civil rights.

Durica said he had not been notified of any investigation and denied any wrongdoing. "No one has approached or asked me about anything," he said. The other officers did not return calls seeking comment.

None of the officers has been accused of any criminal misconduct, and a timetable for completion of the district attorney's review was not available.

The prosecutors and the district attorney's office declined to publicly discuss the case.

Two prosecutors say in the documents obtained by The News that Nevitt told them he saw Hannon carrying the bag with his own two eyes, but he later changed his account, telling the prosecutors that he actually saw Hannon carrying the bag only on video surveillance footage.

"This is a case that really makes you question the integrity of all of their arrests in any situation," said Scott Palmer, Hannon's attorney. "The probable cause affidavit is absolutely diametrically opposed to reality. So therefore it must be a lie. It can't be a mistake."

Hannon's criminal history includes a three-year sentence for methamphetamine possession and unlawfully carrying a gun while on probation. He was released from prison on parole in 2005.

He said he first met Nevitt in the summer of 2007 when Nevitt and other officers showed up at his apartment asking to search it. Hannon said he refused, and Nevitt became angry but left. Hannon said he was evicted by apartment managers the same day.

More Information and Police Report: http://www.dallasnews.com/sharedcontent/dws/dn/yahoolatestnews/stories/021709dnmetdpd.4035ff0.html

Officer Jeff Vernatti Has Faced 3 Prior Civil Rights Lawsuits

The Belleville police officer being sued after arresting a man wearing a T-shirt printed with the word "Police" has faced three prior federal civil rights lawsuits since 1999 -- two since he's worked for the Belleville Police Department.

Both of those suits resulted in settlements for the plaintiffs.

Last week, Adam Weinstein, of Missouri sued Belleville police Officer Jeff Vernatti, who is president of the police officer's union, after Weinstein's arrest at a Christmas party on Dec. 23, 2006, at Crehan's Bar in Belleville.

Weinstein's lawsuit accuses Vernatti of abusing and falsely arresting Weinstein.

Weinstein, 36, was wearing an undershirt with the word "Police" on it.

The officers asked Weinstein, an emergency medical technician and licensed security officer, for his police credentials and when Weinstein told them he didn't have any, he claims Vernatti, 39, placed handcuffs tightly around his wrists, twisted his wrists, then shoved him against a police car and into the back seat.

Weinstein was ticketed for impersonating a police officer, but that charge was later dropped.

Belleville Police Capt. Don Sax declined to comment on the suit on the advice of the department's lawyer. He also said he couldn't comment on whether Vernatti ever faced discipline at the department because it was a personnel issue.

Weinstein's suit was filed in circuit court in Belleville, but the three other suits were filed in U.S. District Court in East St. Louis.

In 2005, a Belleville man sued Vernatti after he alleged Vernatti used a Taser on him after a rollover accident. Bryan Joseph Schmittling's suit alleged Vernatti failed to provide medical attention for Schmittling's broken shoulder after the one-car crash on Dec. 20, 2004.

The suit further alleged that Vernatti, then the department's Taser trainer, called Schmittling obscene names, then used the Taser on him three or four times until Schmittling, who stated he was not resisting arrest, lost control of his bowels.

Four years earlier, Arben Milleson, of Mascoutah, filed suit, alleging he was beaten by Vernatti and six other officers after an arrest on Feb. 15, 2000.

Milleson and Schmittling settled their cases and signed a confidentiality agreement not to disclose the terms of the settlement.

Vernatti also was sued in 1999 when he worked for the Shiloh Police Department, but that suit was dismissed after the plaintiff, Tommy Lee Maxwell Jr., failed to file an amended complaint.

Vernatti has worked for the Belleville Police Department since 1999.

More information: http://www.upi.com/Top_News/2008/12/31/Police_T-shirt_leads_to_arrest_lawsuit/UPI-35511230745415/

NYPD Officers Accused of False Arrest

NEW YORK


A team of New York Police Department narcotics officers is under investigation for falsely arresting two brothers and two other men in January, claiming they were selling drugs in an Elmhurst club called Delicioso.

New surveillance video obtained last week by defense attorneys does not show any evidence the men sold cocaine or any other drugs to undercover police in the club, authorities said.

The brothers and other two men arrested were charged in January with selling two bags of cocaine worth $100, according to The Washington Post.

On Thursday, those charges were dropped when surveillance video showed that the undercover police officers had never been in contact with the men they arrested, the paper reported.

"How lucky these tapes existed," Rochelle Berliner, who represented brothers Maximo and Jose Colon, told the Post. "Three cops' words against theirs? Who is the jury going to believe?"

But the false charges came at a cost. Jose Colon lost his grocery store business after the arrests, and he was furious with police because of it.

"I just don't know why they would do this to us," he told the Post. "They know who deals drugs on the street, and they just made up everything."

Authorities at the district attorney's office and with the NYPD confirmed to the Post that an investigation into the officers involved in the false drug bust was under way, and according to the paper, at least six police officers have been questioned in connection with the incident in the last few days.

Two of the undercover officers involved in the bust were placed on modified assignment on Tuesday, according to the Post. The third officer left the NYPD and is now working for Nassau County police, the paper reported.

Woman awarded $7.7 million for false arrest

A woman who helped a Chicago police officer from a wrecked squad car and was later accused of stealing a weapon has been awarded $7.7 million by a federal jury for false arrest.

In November 2002, a car ran a stop sign in Rachelle Jackson's neighborhood, slamming into a squad car. According to her attorney, Jackson, who was walking nearby, found the officer behind the wheel unconscious and the passenger, Officer Kelly Brogan, dazed.

She pulled Brogan from the wreckage. Soon after, police approached Jackson and told her that the driver's weapon had been stolen.

Jackson was accused of the theft. She was charged and spent more than 10 months in the Cook County Jail awaiting trial. Her case was later thrown out by a judge and Jackson sued the city of Chicago.

Defense attorney Andrew Hale said the amount the jury awarded Jackson was "excessive."