After a daylong bench trial Marion County Magistrate Hank Middlemas found FBI Police Officer Charles Homemma, of Buckhannon guilty of invasion of privacy and not guilty of conspiracy.
Middlemas sentenced Hommema to six months in prison, then suspended that sentence and placed Hommema on a year of probation.
Hommema will also have to pay a $250 fine plus arrest fees and court costs.
Hommema and another officer, Gary Sutton Jr., of New Milton, were arrested in April for using a security camera to watch girls in a dressing room, during the Cinderella Project event held at the Middletown Mall on April 4.
Between 9:34 a.m. and 11 a.m. they pointed the FBI security cameras used in the mall at one of five makeshift dressing rooms set up for the event, court documents say, and caught one of the young women topless.
Sutton pleaded guilty to conspiracy on Nov. 3, and was sentenced to six months on probation.
The Marion County Sheriff's Department arrested the men.
The FBI declined to comment on either man's employment status.
"I spoke to our attorneys and was advised that, until we get the official documentation from the court, we are precluded, by Department of Justice guidelines, from making any comment," said Stephen Fischer
However, an FBI Agent testified during the trial that Sutton resigned his position and Hommema has had his clearance pulled.
Showing posts with label invasion of privacy. Show all posts
Showing posts with label invasion of privacy. Show all posts
Thursday, December 10, 2009
Saturday, June 27, 2009
Officer Joe Holman Arrested for Sexual Explotion of Stepdaughter
Aspen police officer Joe Holman, 38, resigned his position and turned himself in to authorities Wednesday to face allegations that he attempted to sexually exploit his teenage stepdaughter.
Holman, a six-year veteran of the police department and a city of Aspen employee since 1994, is charged with two counts of attempted sexual exploitation of a child, a class 4 felony; tampering with evidence, a class 6 felony; child abuse, a class 2 misdemeanor; and attempted criminal invasion of privacy, a class 3 misdemeanor.
He allegedly placed a camera the size of a Ping-Pong ball in his stepdaughter’s shower. The incident was investigated by the Colorado Bureau of Investigation (CBI), which elected to pursue charges. The bureau also investigated Holman after a similar accusation involving his stepdaughter surfaced last year, according to court records.
Holman was put on paid administrative leave May 29 while the CBI conducted a criminal investigation. The Aspen Police Department probed the matter internally but officials said they are not releasing their findings.
“The internal investigation has been concluded but due to the fact it’s a personnel matter, we’re not able to comment further,” Aspen police spokeswoman Stephanie Desarro said Thursday.
Holman could not be reached for comment. He turned himself in to a Pitkin County sheriff’s deputy Wednesday and was taken to jail. He was released from the Pitkin County Jail the same day on $11,000 bond.
An affidavit signed by CBI agent Brooks Bennett reports that Holman’s stepdaughter went to take a shower in her bathroom the night of April 29 when she noticed “something out of place” in the front of a mesh bag used for Holman’s younger son’s toys. Inside the mesh bag, hanging just above the top of the bathtub, she found a tiny camera contained in a waterproof case pointed toward her, the affidavit states.
Holman initially denied having knowledge of the camera. When confronted by his family, “Joe asked, ‘Do you think I did it as a pervert move?’ ... [His family members] replied, ‘I don’t know.’ Joe stated ‘if this is such a big issue, give it to me’ and he placed the camera on the floor and stomped on the camera destroying it,” the affidavit says.
The next morning, Holman admitted to putting the camera in the shower, explaining he did it because he was upset with his stepdaughter.
“Holman maintains he placed the camera only to make [her] mad. [She] had recently been disciplined, but was not following the rules set in place during the discipline,” the CBI affidavit says. “Holman figured since [his stepdaughter] was ‘pissing him off’ he would do something that would do the same to her. In 2008, [she] had accused Holman of watching her inappropriately. Holman told me those allegations gave him the idea of placing the camera in the shower. Since [she] thought he was watching her last year, he decided to place the camera to make her think he was watching her now, therefore making her mad.”
Holman claimed he placed the camera in the shower the same day it was found. The affidavit said Holman now realizes he made a mistake.
The stepdaughter told police she doesn’t believe Holman used the photos for anything sexual; she believes he wanted to make her angry.
The affidavit says that Holman “was apparently using his work laptop computer to view the digital images recorded by the camera.”
In 2008, Holman’s stepdaughter claimed she “saw things” that made her feel like her stepfather was creeping around, watching her. He walked in on her, apparently mistaking her bedroom for the laundry room, and she once saw a mirror slide underneath her bedroom door, the affidavit said.
Holman has been married to the alleged victim’s biological mother for about eight years. He and the woman have a young child together.
His first court appearance is scheduled for July 20 at 10:30 a.m. An attorney has not entered an appearance on his behalf but the affidavit identified Richard Daly, who could not be reached, as his lawyer.
Wednesday, April 29, 2009
Former Deputy Kenneth Cannon Arrested for Stalking
A former Dawson County Sheriff's Office deputy found himself on the opposite end of the law last Friday afternoon when he was arrested in Murrayville on charges of aggravated stalking, computer invasion of privacy and impersonation of an officer.
Kenneth Cannon, 40, reportedly acted as though he was a Georgia State Patrol trooper last month, and violated a temporary protection order in the process, when he allegedly attempted to run a computer check on his ex-wife's tag number.
“Mr. Cannon had supposedly called a dispatch center in Banks County and ran the tag number,” said Major Mike Ramsey of the Lumpkin County Sheriff's Office. “When he called the dispatch center he identified himself as a Georgia State Patrol trooper. Of course he's not identified with the Georgia State Patrol.”
After further investigations, Lumpkin County officers were able to trace this call to the 911 center back to the Murrayville resident's phone.
“We confirmed that the call had been made from his cellular phone from a location in Lumpkin County,” said Ramsey.
Cannon is a United States Marine and a veteran law enforcement official who worked at the Dawson County Sheriff's Office until reportedly resigning in February of this year.
Prior to his arrest, local deputies had received several unconfirmed reports throughout the month of March that Cannon had attempted to contact his ex-wife, a Lumpkin County resident, on several occasions despite a court-issued protective order.
Last Friday, Cannon's arrest caused a minor stir in Murrayville as Lanier Elementary School was placed on lock-down while the apprehension occurred in the nearby parking lot of the local library.
Officers from the Hall County Sheriff's Office reportedly requested the lock-down as a precautionary measure in the event that Cannon had been armed.
However, the arrest was made peacefully and without incident. Cannon was then turned over to the LCSO and transported to the Lumpkin County Detention Center.
Kenneth Cannon, 40, reportedly acted as though he was a Georgia State Patrol trooper last month, and violated a temporary protection order in the process, when he allegedly attempted to run a computer check on his ex-wife's tag number.
“Mr. Cannon had supposedly called a dispatch center in Banks County and ran the tag number,” said Major Mike Ramsey of the Lumpkin County Sheriff's Office. “When he called the dispatch center he identified himself as a Georgia State Patrol trooper. Of course he's not identified with the Georgia State Patrol.”
After further investigations, Lumpkin County officers were able to trace this call to the 911 center back to the Murrayville resident's phone.
“We confirmed that the call had been made from his cellular phone from a location in Lumpkin County,” said Ramsey.
Cannon is a United States Marine and a veteran law enforcement official who worked at the Dawson County Sheriff's Office until reportedly resigning in February of this year.
Prior to his arrest, local deputies had received several unconfirmed reports throughout the month of March that Cannon had attempted to contact his ex-wife, a Lumpkin County resident, on several occasions despite a court-issued protective order.
Last Friday, Cannon's arrest caused a minor stir in Murrayville as Lanier Elementary School was placed on lock-down while the apprehension occurred in the nearby parking lot of the local library.
Officers from the Hall County Sheriff's Office reportedly requested the lock-down as a precautionary measure in the event that Cannon had been armed.
However, the arrest was made peacefully and without incident. Cannon was then turned over to the LCSO and transported to the Lumpkin County Detention Center.
Friday, April 17, 2009
Officer Gary Sutton Jr Arrested for Watching Girls in Dressing Room
FAIRMONT
An FBI police officer is under arrest and a warrant has been issued for the arrest of another officer, after the pair allegedly used a security camera to watch girls in a dressing room, during a charity prom dress event, court documents say.
Gary Sutton Jr., 40 of New Milton, is charged with criminal invasion of privacy and being a party to a crime.
Both charges are misdemeanors.
An arrest warrant has been issued for a second officer on the same charges.
Sutton turned himself into authorities and was arraigned Friday morning in Marion County Magistrate Court.
He was released on $6,000 bond.
There is no word on when the second officer will be arrested.
If convicted, the men would face a year in jail and a $5,000 fine, according to the statute.
On Saturday, April 4, Hospice Care Corporation held "The Cinderella Project" at the Middletown Mall in White Hall.
The event offered prom dresses, shoes and jewelry at affordable prices and raised money for Hospice Care.
Hundreds of people attended the event.
Temporary dressing rooms were set up for the event.
The dressing rooms did not have ceilings.
Sutton and the other officer were on duty at the FBI's satellite control room at the mall during the event, investigators say.
The camera in question was in scanning mode when it began recording on Saturday morning, court documents say.
At 8:26 a.m., the camera stopped above the dressing area, according to the criminal complaint for Sutton.
At 9:34 a.m., after a young woman entered the dressing area, the camera zoomed in and remained zoomed in until 11:00 a.m.
During that time period, several young woman entered the room and undressed.
One young woman was seen topless, investigators say.
Investigators with the Marion County Sheriff's Department say the two officers were the only ones in the FBI control room at the time of the incident and the only ones who could control the camera.
It is important to note that the men in question are FBI police officers, not FBI agents.
All of the agencies involved have had an overwhelming response to this case and have set up a hot line.
Anyone with more information or questions is asked to call 1-800-CALL-FBI.
Officials at the FBI's CJIS Center in Clarksburg have declined to comment on the situation or the status of the officers.
The FBI has deferred all comment to the Office of the Inspector General in Washington, D.C.
A spokesperson with the Inspector General's office has confirmed that the agency is investigating the incident.
Neither the Marion County Sheriff's Department or the Marion County Prosecutor's Office have issued a statement on the case.
A spokeswoman with Hospice Care says the organization is aware of the matter, but has deferred any questions to the Marion County Prosecutor's Office.
---------------------------
http://www.wdtv.com/news/local/43196907.html
An FBI police officer is under arrest and a warrant has been issued for the arrest of another officer, after the pair allegedly used a security camera to watch girls in a dressing room, during a charity prom dress event, court documents say.
Gary Sutton Jr., 40 of New Milton, is charged with criminal invasion of privacy and being a party to a crime.
Both charges are misdemeanors.
An arrest warrant has been issued for a second officer on the same charges.
Sutton turned himself into authorities and was arraigned Friday morning in Marion County Magistrate Court.
He was released on $6,000 bond.
There is no word on when the second officer will be arrested.
If convicted, the men would face a year in jail and a $5,000 fine, according to the statute.
On Saturday, April 4, Hospice Care Corporation held "The Cinderella Project" at the Middletown Mall in White Hall.
The event offered prom dresses, shoes and jewelry at affordable prices and raised money for Hospice Care.
Hundreds of people attended the event.
Temporary dressing rooms were set up for the event.
The dressing rooms did not have ceilings.
Sutton and the other officer were on duty at the FBI's satellite control room at the mall during the event, investigators say.
The camera in question was in scanning mode when it began recording on Saturday morning, court documents say.
At 8:26 a.m., the camera stopped above the dressing area, according to the criminal complaint for Sutton.
At 9:34 a.m., after a young woman entered the dressing area, the camera zoomed in and remained zoomed in until 11:00 a.m.
During that time period, several young woman entered the room and undressed.
One young woman was seen topless, investigators say.
Investigators with the Marion County Sheriff's Department say the two officers were the only ones in the FBI control room at the time of the incident and the only ones who could control the camera.
It is important to note that the men in question are FBI police officers, not FBI agents.
All of the agencies involved have had an overwhelming response to this case and have set up a hot line.
Anyone with more information or questions is asked to call 1-800-CALL-FBI.
Officials at the FBI's CJIS Center in Clarksburg have declined to comment on the situation or the status of the officers.
The FBI has deferred all comment to the Office of the Inspector General in Washington, D.C.
A spokesperson with the Inspector General's office has confirmed that the agency is investigating the incident.
Neither the Marion County Sheriff's Department or the Marion County Prosecutor's Office have issued a statement on the case.
A spokeswoman with Hospice Care says the organization is aware of the matter, but has deferred any questions to the Marion County Prosecutor's Office.
---------------------------
http://www.wdtv.com/news/local/43196907.html
Wednesday, September 10, 2008
Officer Anthony Scatena Pleads Guilty to Invasion of Privacy
A Fort Wayne police officer who pleaded guilty to a misdemeanor this spring was fired Monday after the city's board of public safety determined the officer had an unacceptable pattern of misconduct and a disregard for a court order.
Anthony Scatena, a 13-year veteran of the department, pleaded guilty to an invasion-of-privacy charge, a Class A misdemeanor, in April. The board had little discussion of board chairwoman Sharon Peters' motion before voting to dismiss him. The two newest board members, Bob Elder and Steve Boerger, did not hear evidence related to the case and abstained from voting.
Scatena declined to comment Monday evening. Police Chief Rusty York said he would be formally notified of the board's decision today.
Scatena was initially arrested on two misdemeanor charges of battery and domestic battery after police were called to his home in November. The Allen County prosecutor dropped those two charges a few days after the invasion-of-privacy charge was filed.
According to court records, Scatena called or was called by the same woman he allegedly battered 261 times between January and February - a violation of a no-contact order issued as part of the domestic battery case. The phone calls ranged in length of one minute to 27 minutes.
York asked the board to fire Scatena in May, and a closed-door evidentiary hearing was held in July to consider whether the officer violated any departmental rules and regulations.
During the hearing, the three-member board learned that Scatena initiated 64 phone calls to the woman. Scatena told the board that the woman, who was living in his house, called him to ensure the bills were paid. An outside employer told the board that the woman tried to contact Scatena at the business several times and had seen text messages and phone calls the woman made to his cell phone, the written findings said.
The board found that Scatena violated the no-contact order repeatedly and showed a "complete disregard for an order of the court." The police department's domestic relations policy states a protective order is a court order and that violators may be arrested, the board wrote in its findings.
The board also cited Scatena's disciplinary history in determining that "Scatena's conduct demonstrates an unacceptable pattern of conduct and a clear disregard for the rules of the department."
The board detailed six reprimands and suspensions. All but one disciplinary action involved complaints that Scatena was rude, made inappropriate comments or used profanity. He also was suspended for leaving his district and a filing a false report.
York told the board that "Scatena's sustained allegations show a disregard for rules and a pattern of rudeness and confrontation," according to the written findings.
York told the board that a Class A misdemeanor conviction under the department's rules and regulations is cause for dismissal or a suspension to be determined by the board. He also said that Scatena's credibility was "impaired," the findings said.
York said after the meeting that he was concerned that by pleading guilty to disregarding a judge's order, that would hamper Scatena's ability to work with the prosecutor's office and even other divisions within the police department. For example, victims' assistance was involved in Scatena's case, York said.
The board last voted to terminate a city employee in 2002, when it fired firefighter Kenneth Burson. His dismissal was later overturned in court, and he resigned from the department. The board also fired police officers Nathan Alexander in 1999 and James Chin in 2001 - both resulted in lawsuits.
Anthony Scatena, a 13-year veteran of the department, pleaded guilty to an invasion-of-privacy charge, a Class A misdemeanor, in April. The board had little discussion of board chairwoman Sharon Peters' motion before voting to dismiss him. The two newest board members, Bob Elder and Steve Boerger, did not hear evidence related to the case and abstained from voting.
Scatena declined to comment Monday evening. Police Chief Rusty York said he would be formally notified of the board's decision today.
Scatena was initially arrested on two misdemeanor charges of battery and domestic battery after police were called to his home in November. The Allen County prosecutor dropped those two charges a few days after the invasion-of-privacy charge was filed.
According to court records, Scatena called or was called by the same woman he allegedly battered 261 times between January and February - a violation of a no-contact order issued as part of the domestic battery case. The phone calls ranged in length of one minute to 27 minutes.
York asked the board to fire Scatena in May, and a closed-door evidentiary hearing was held in July to consider whether the officer violated any departmental rules and regulations.
During the hearing, the three-member board learned that Scatena initiated 64 phone calls to the woman. Scatena told the board that the woman, who was living in his house, called him to ensure the bills were paid. An outside employer told the board that the woman tried to contact Scatena at the business several times and had seen text messages and phone calls the woman made to his cell phone, the written findings said.
The board found that Scatena violated the no-contact order repeatedly and showed a "complete disregard for an order of the court." The police department's domestic relations policy states a protective order is a court order and that violators may be arrested, the board wrote in its findings.
The board also cited Scatena's disciplinary history in determining that "Scatena's conduct demonstrates an unacceptable pattern of conduct and a clear disregard for the rules of the department."
The board detailed six reprimands and suspensions. All but one disciplinary action involved complaints that Scatena was rude, made inappropriate comments or used profanity. He also was suspended for leaving his district and a filing a false report.
York told the board that "Scatena's sustained allegations show a disregard for rules and a pattern of rudeness and confrontation," according to the written findings.
York told the board that a Class A misdemeanor conviction under the department's rules and regulations is cause for dismissal or a suspension to be determined by the board. He also said that Scatena's credibility was "impaired," the findings said.
York said after the meeting that he was concerned that by pleading guilty to disregarding a judge's order, that would hamper Scatena's ability to work with the prosecutor's office and even other divisions within the police department. For example, victims' assistance was involved in Scatena's case, York said.
The board last voted to terminate a city employee in 2002, when it fired firefighter Kenneth Burson. His dismissal was later overturned in court, and he resigned from the department. The board also fired police officers Nathan Alexander in 1999 and James Chin in 2001 - both resulted in lawsuits.
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