Wednesday, July 29, 2009

Philadelphia Man Receives $200,000 in Police Brutality Lawsuit

A Philadelphia man, whose claims of brutality led to three Deptford police officers being charged in 2006, received $200,000 to settle a lawsuit he filed against the township.

The confidential agreement reached between Joseph Rao and the township earlier this year called for Deptford's insurance carrier to write the check. The township admitted no wrongdoing.

"It's a regrettable amount of money," Deptford Mayor Paul Medany said when reached for comment on Tuesday. "We don't want to pay any amount of money. ... We took the insurance company's suggestion of a settlement and we thought that was the best route to take."

Records show the agreement was approved in March and the case was dismissed in court in May. The agreement, which has been obtained by the Times, called for neither side to disclose any "facts, amounts and terms" of the deal.

Rao sought $4 million when he filed his federal lawsuit last year.

The decision was made to do "what's best for the taxpayers" and settle, according to Medany.

"The incident happened," said Medany. "There's nothing we can do about it. We're just trying to make things right."

The three officers, who faced prison terms, were cleared of all charges. Ptl. John Gillespie went to trial and was found not guilty. The Gloucester County prosecutor's office then dismissed its cases against Ptl. Timothy Parks and Ptl. Brian Green. All three officers have since returned to the force.

Medany called the whole situation an opportunity to improve how things are handled within the police department.

"In the meantime, we've changed our operating procedures and gone into better training," the mayor said. "We took the incident and learned from it, there's no doubt about that. It hasn't happened since and, hopefully, it will never happen again."
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More of the story: http://www.nj.com/gloucester/index.ssf?/base/news-0/124884511083120.xml&coll=8&thispage=2

Hollywood Officers Accused of Abuse of Power

After a Hollywood police officer rear-ended a car in February and then arrested its driver on drunken-driving charges, he and other officers talked about doctoring the report -- it said a jumpy cat created a distraction -- to cover up the cause of the crash.

Unknown to the officers, the exchange was recorded by a dashboard camera in one of the patrol cars.

``I don't want to make things up ever, because it's wrong, but if I need to bend it a little bit to protect a cop, I'm gonna,'' one of the officers can be heard saying. ``We'll do a little Walt Disney to protect the cop because it wouldn't have mattered because she is drunk anyway.''

Alexandra Gabriela Torrensvilas, 23, of Hollywood, ended up charged with four counts of drunken driving and cited for an improper lane change.

On Tuesday, Hollywood police officials placed Officer Dewey Pressley, 42; Officer Joel Francisco, 36; Sgt. Andrew Diaz, 39; and civilian Community Service Officer Karim Thomas, age unavailable, on administrative duty pending an internal affairs investigation and a review by the Broward state attorney's office, said department spokesman Lt. Scott Pardon.

Francisco was driving the car in the crash; Pressley wrote the report and made the arrest.

Pressley's report detailing the Feb. 17 midnight crash in the 2800 block of Sheridan Street said ``a large gray stray cat'' that had been sitting on Torrensvila's lap jumped out of her car window and distracted her, causing her to veer into Francisco's lane, where she abruptly braked, and he hit her.

``I will do the narrative for you,'' one of the officers says on the tape. ``I know how I am going to word this, the cat gets him off the hook.''

Torrensvilas' attorney, Larry Meltzer, said this was a disturbing ``abuse of power.''

``Actually seeing it transpire on video in front of you, it really kind of sickens you,'' he said. ``It's really nauseating to sit there and watch your client's rights go out the window.''

Torrensvilas' four DUI charges carry a maximum penalty of almost three years in jail, Meltzer said.

He declined to say what would become of her case: ``In my opinion, as of this time, it's being handled appropriately.''

A spokesman for the Broward State Attorney's Office declined to comment on the case or how it would proceed.

Pressley, a 21-year veteran with the department, wrote that when Francisco approached Torrensvilas' car after the crash, she blurted: ``It just jumped out.''

The ``it'' was ``a large, gray stray cat'' that had been sitting on her lap while she drove, the report said.

Francisco, who has been with the department for almost 11 years, smelled ``a strong odor of an alcoholic beverage.''

Broward Public Defender Howard Finkelstein on Tuesday sent a letter to Hollywood Police Chief Chadwick Wagner calling for answers and accountability.

``Not only did these officers make a conscious decision to shift the blame to this young woman, but they made a concerted effort to write a narrative to fit `their facts,' '' Finkelstein wrote. He said his office has at least 27 pending cases in which these four officers are listed as material state witnesses.

Pardon, the police department's spokesman, declined to respond to the allegations. ``We'll see where the investigation goes,'' he said.

Officer Martin Montgomery Arrested for Forcing Woman to Perform Oral Sex


An Evansville Police Department officer recently under scrutiny from the agency's chief has turned himself in at the Vanderburgh County Jail and will face a charge of criminal deviate conduct.

Martin Montgomery, 28, was booked into jail shortly before 12:30 p.m. Bond was initially set at $2,500 cash but later lowered to $1,500 cash after Montgomery made an initial appearance in Vanderburgh County Circuit Court.

According to a police affidavit obtained by the Courier & Press, the charge stems from a sexual encounter Montgomery had with a woman while on duty. The victim told investigators it was non-consensual.

Montgomery was recommended for termination by Chief Brad Hill following an undisclosed violation of police rules and procedures that occurred June 16. A grand jury also considered criminal charges against Montgomery for that incident, though they ultimately voted not to file them.

While being questioned about the June 16 incident, police say Montgomery admitted a separate incident in which he had sex with a woman after being dispatched to a run in the 3900 block of Fulton Avenue. It allegedly occurred on March 1.

According to the affidavit, Montgomery in that case broke up a fight between two women and then agreed to take one of them home to a residence in the 2500 block of North Kentucky Avenue.

The investigator located the police run in question and learned Montgomery had responded and called off other officers, the affidavit said.

Detectives then located the woman, who identified Montgomery from a photo lineup and said he followed her into her apartment, shut the door and asked if she wanted to have sex, according to the affidavit.

Police say Montgomery asked multiple times and that the woman said no repeatedly.

"(The victim) said Montgomery approached her and put his hands on her shoulders and began applying pressure to her shoulders in an attempt to force her down," Detective Jim Harpenau wrote in the affidavit. "(The victim) said after Montgomery began pushing her down, she quit resisting, went to her knees and performed oral sex on Montgomery against her will."

According to Indiana Code, a criminal deviate conduct charge is filed when a person "knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when the other person is compelled by force or imminent threat of force."

Asked why he filed a charge in this case and convened a grand jury for the other allegations, Vanderburgh County Prosecuting Attorney Stan Levco said "they are two separate sets of facts."

"I thought and I said at the time that the grand jury had a difficult case that I thought could go either way," he said.

Levco said he could not talk about the facts in the criminal deviate conduct case or why specifically he decided to file the charge.

The specifics of the June 16 incident have not been divulged. The affidavit refers to that case as a "sensitive incident ... in regards to the conduct of Evansville Police Officer Martin Montgomery."

Montgomery had been scheduled to appear Monday before the Merit Commission to appeal the chief's recommendation for termination. That hearing has since been canceled.

Montgomery made a brief court appearance Wednesday, during which his bond was lowered and his next appearance was set for Thursday at 9 a.m.

Levco said Montgomery's bond reflects his lack of a criminal record and the fact that he is not considered a flight risk.

An official at the Vanderburgh County Jail said Montgomery must appear in front of a judge before he can consider media requests for interviews.
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Updated information: http://tristatehomepage.com/content/fulltext/?cid=85651

Investigator James Talford Arrested for Harassment



A 21-year veteran of the State Police found himself on the other side of the law today after he was arrested for the alleged aggravated harassment against two Ontario residents, troopers said.

Investigator James W. Talford, 45, who is assigned to the Counter Terrorism Intelligence Unit in Buffalo, was issued appearance tickets for misdemeanor charges including two counts of aggravated harassment, attempted falsifying of business records and official misconduct.

State Police officials would not disclose additional information about the specifics of Talford's alleged actions except to say an investigation is continuing.

"The criminal and internal investigation is ongoing at this point," said Trooper Rebecca Gibbons, State Police spokeswoman.

Talford -- who, according to public records, lists a home address in East Amherst -- is currently suspended without pay pending the internal affairs probe, Gibbons said.

State Police were involved in the joint investigation of Talford that also included investigators from the Erie County District Attorney's office and the Niagara Regional Police in St. Catharines, Ont.

Niagara Regional Police were not able to provide details late Wednesday as to the complaints alleged against Talford by the apparent victims, who live in the Niagara Region.

Talford is expected to be back in Buffalo City Court at 9 a.m. Aug. 12 to answer the alleged criminal charges against him.


Ex-Officer Michael Curtin Jr Arrested Again

A fired Munhall police officer who is serving a five-year probation sentence for unlawful sexual contact with minors was arrested last night on charges he violated conditions of his release.

Michael Curtin Jr., 37, had faced 11 counts in connection with soliciting girls for sex acts. He pleaded guilty in February to two counts of unlawful sexual contact with minors and one count of corruption of minors.

Common Pleas President Judge Donna Jo McDaniel sentenced Mr. Curtin to five years probation. Condition of his probation included his prohibition from using computers or texting on his cell phone.

A warrant was issued yesterday for his arrest in connection with an undisclosed probation violation that occurred at the Waterfront in Homestead.

Mr. Curtin is being held on a detainer in the Allegheny County Jail, pending arraignment on his arrest.

Judge McDaniel, before the arrest, had granted Mr. Curtin permission to leave the state tomorrow to vacation with his parents in Delaware until Aug. 10.

That permission now is expected to be be revoked.

Mr. Curtin also is scheduled for a Sept. 10 hearing before Judge McDaniel to consider whether he should be classified as a sexually violent predator.

Mr. Curtin was fired in February 2008 from the Munhall Police Department following his arrest. He had been investigated for soliciting teenage girls online for sex and offering them money to allow him to suck their toes.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2008/05/ex-cop-arrested-for-offering-money-to.html
Other Information: http://www.wpxi.com/news/20216386/detail.html

Former Officer Joseph Mignano Charged with Robbing Man

A former Providence police officer is charged with robbing a man.

Police say Joseph Mignano, of Fall River, Mass., was impersonating a police officer when he robbed a man in the Silver Lake section of the city on July 18.

The 32-year-old Mignano was arraigned Tuesday on charges of second-degree robbery and impersonating an officer. He was held on bail as a probation violator.

Police Captain James Desmarais tells The Providence Journal that the police are investigating similar incidents in which people claimed that they were robbed by a man who identified himself as a police officer and proceeded to search them and steal their money.

It was not immediately clear if he had an attorney.

Sheriff's Clerk Sammetta Tennial Arrested for Stealing Money


A clerk from an administrative bureau at the Shelby County Sheriff’s Office was arrested today for allegedly stealing thousands of dollars from an office account and official misconduct. Sammetta Tennial, 37, was taken into custody by Sheriff’s Deputies about 1 p.m. today at her 10th floor office at the Criminal Justice Center.

Tennial works in the Sheriff’s Office Bureau of Commissions and Compliance. The bureau handles a variety of duties including the issuing of Special Deputy Commissions, the registration of convicted sex offenders, bail bond employees, private process servers who deliver court papers and tracks Sheriff’s Deputies who work additional jobs outside the Sheriff’s Office.

Fees are required by some of those who register at the office. A supervisor discovered money missing while reconciling the daily receipts and deposits. Detectives from the Sheriff’s General Investigation Bureau and White Collar Crimes Bureau from the Shelby County District Attorney General’s Office led the investigation.

“Once aware of the discrepancy, an investigation began immediately. Let this be a message to all employees the net is always out. Those who choose to break the law will be held accountable,” said Shelby County Sheriff Mark H. Luttrell, Jr.

Detectives believe Tennial took small amounts of money over the past two years totaling as much as $6,000. Investigators believe she acted alone in the scheme. Tennial has been a clerk with the Sheriff’s Office since 2000. She’s was assigned to the Commissions and Compliance Bureau in 2005.

Sammetta Tennial was indicted today by the Shelby County Grand Jury for Theft of Property over $1,000 and two counts of Official Misconduct. She is being held at the Shelby County Jail facility for women on a $10,000 bond. Her employee picture is being sent with this news release in a separate file.

Officer Justin Barrett Suspended for Racially Charged Language

A Boston police officer was suspended and faces dismissal after he allegedly sent a letter including “racially charged language” about Harvard University professor Henry Louis Gates, a department spokeswoman said.

Police learned of the letter yesterday, said Elaine Driscoll, the spokeswoman. She didn’t elaborate on how police got the information. The Boston Herald reported a racial slur was in a mass e-mail to Officer Justin Barrett’s colleagues in the National Guard.

“Police Commissioner Ed Davis moved immediately to strip the officer of his badge and gun and proceeded toward a termination hearing,” Driscoll said.

A local telephone number for a Justin Barrett wasn’t answered when called by Bloomberg News.

Gates, 58, director of the W.E.B. Du Bois Institute for African & African American Research at Harvard, in neighboring Cambridge, has been at the center of a controversy about race since he was arrested and charged with disorderly conduct on July 16. Police responding to the report of a break-in arrested Gates at his home. Prosecutors dropped the charge.

Driscoll said Barrett, 36, would remain on administrative leave pending the outcome of the hearing. She said a date hasn’t been set.

Boston Police Patrolmen’s Association President Thomas Nee wasn’t prepared to comment immediately on the Barrett case, although a statement is planned, said Ann Parolin, the union’s office manager.

The Gates arrest got even more attention last week when President Barack Obama said Cambridge police “acted stupidly in arresting someone where there was already proof that they were in their own home.”

On July 24, Obama phoned Cambridge Police Sergeant James Crowley, the white officer who arrested the black professor, and said he didn’t mean to malign Crowley or his department. Obama invited Gates and Crowley to the White House tomorrow night for a beer.

Another Waco Officer Accused of 'Double Dipping'

There was new information Tuesday about the Waco Police "double-dipping" scandal.

News Channel 25 acquired copies of two more letters firing police officers, two letters of retirement and one letter of resignation.

Among the two firing letters, was one belonging to Sgt. Peter Mottley. He was fired Monday, making him the fifth officer to be terminated for claiming to be on the clock at the Police Department, while logging hours for the federally-funded Waco Housing Authority. He was unable to be reached by phone Tuesday and has eight remaining days to appeal the decision.

News Channel 25 also got a copy of the letter firing Allen Thompson. He is the only police officer to challenge the Police Department's decision so far.

"Each of these officers, at least the ones I'm dealing with, worked their time," said Thompson's attorney John Cullar. "It may not be the exactly what was written down, but the exact number of hours is accurate."

We also obtained Cris Doles's resignation letter, as well as letters of retirement from Reggie Johnson and Tyrone Robinson. However, Robinson will not retired until August 4th, a move personally signed off on by Waco Police Chief Brent Stroman.

News Channel 25 will sit down with the police chief Wednesday for his first public comments since the investigation began months ago.
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http://www.kxxv.com/Global/story.asp?S=10808054

Officer Boby Howard Jr Arrested for Theft

A 14-year veteran of the Lafayette Police Department has been placed in the Acadia Parish Jail charged with Principal to Felony Theft and conspiracy to Commit felony theft following a nine-month investigation.

According to Acadia Parish Wayne Melancon his office began receiving report of farm equipment thefts including tractors, bulldozers, and bobcats throughout the parish in November of 2008.

Melancon said that a break in the investigation came when his office received a report that a John Deere tractor with front loader was stolen from a shop on South Riceland road near Rayne. A local bank contacted law enforcement officials when someone attempted to make a loan to purchase the tractor that was stolen on South Riceland Road. Investigators learned that when the serial numbers were ran through John Deere in came back as stolen.

Investigators from Acadia Parish Sheriff's Office, Vermilion Parish Sheriff's Office, Lafayette Parish Sheriff's Office, St. Martin Parish Sheriff's Office, St. Landry Parish Sheriff's Office, Louisiana State Police, Louisiana Livestock & Brand Commission and Federal Bureau of Investigations joined forces to investigate the 28 thefts that occurred in five neighboring parishes.

Following an extensive investigation Bobby Howard, Jr., age 39, of Scott was arrested by Investigators with the Acadia Parish Sheriff's Office Tuesday afternoon in Lafayette and charged with principal to felony theft and conspiracy to commit felony theft.

Howard was transported to the Acadia Parish Jail where his bond was set at $250-thousand-dollars.

Also, arrested was Brad Sonnier, age 29, of Scott. He is also being charged with felony theft and conspiracy to commit felony theft. He is presently being held in the Lafayette Parish Jail.

Enid Police Taser Nursing Home Patient

Police in Enid use a taser to subdue a 69-year-old nursing home patient. Investigators say the elderly man, Lester Harris, had become disruptive over the weekend. That's when staff at Enid Senior Care called 911.

When officers arrived, Harris supposedly hit one of the officers in the stomach. To get control of Harris, police twice used their tasers.

Harris' daughter says her dad suffered a stroke 2 weeks ago, and thinks police used excessive force.

"There's just so much that's wrong. Why taze a 70-year old man in a nursing home?" said Linda Ward.

Enid police defend their actions.

"We have to make sure the staff and officers are protected, and of course the person were arresting," said Lt. Eric Holtzclaw.

Harris was arrested for assault and battery on a police officer.

He's since been released on bond and is being kept at a hospital in Enid where he's doing fine.

Tuesday, July 28, 2009

Sgt Timothy Richissin Faces More Charges of Voyeurism

A police officer already accused of recording women with a hidden bathroom camera, now faces more charges.

Suspended Cleveland Sergeant Timothy Richissin was charged with two more counts of voyeurism in Medina County Common Pleas Court.

Prosecutors say last year, Richissin hid a small camera inside the bathroom of the Hinckley warehouse where he ran a business.

Earlier this year, he was charged with tampering with evidence, voyeurism, obstructing official business and possessing criminal tools, after a female employee found the camera and called police.

"The sheriff's department went and did their investigation, located victim one, then they obtained computers pursuant to a search warrant, the computers were sent to Ohio BCI for analysis, and that analysis turned up the second victim," said Medina County prosecutor Dean Holman.

Richissin plead not guilty to the new charges. He also hired a new attorney to represent him.

Trial For Officer DeWayne Curtis Hart Postponed

A Pittsburgh police officer charged with fondling a woman instead of taking her to jail on an outstanding warrant was set to go to trial this week, but the case has been postponed until the fall.

DeWayne Curtis Hart, 45, a 14-year veteran who was transferred to the records department after the incident, was charged last year with indecent assault, obstruction of justice and official oppression.

Officer Hart, who originally represented himself, recently hired attorney William Difenderfer, who last week asked Allegheny County Common Pleas Judge Joseph K. Williams III for a continuance.

The judge granted it and scheduled the trial for October.

Mr. Difenderfer couldn't be reached for comment.

According to an affidavit filed by Lyle Graber, a detective with the district attorney's office, Officer Hart assaulted the woman in December 2007 at her house on Bergman Street in Sheraden.

The Post-Gazette does not identify sex crime victims or accusers.

Officer Hart responded to a burglary report at the woman's home shortly before 2 p.m. on Dec. 7 after she called 911. The woman said she believed her sister had broken into the house.

Officer Hart took down the items she believed were stolen, completed his report and left.

A few minutes later, while the woman was on a cell phone with another sister, she said Officer Hart walked back into the house without knocking and asked her if she knew there was a warrant for her arrest.

The woman was wanted in connection with a robbery and assault.

According to the affidavit, she said Officer Hart asked her, "What are you gonna do?" and told her he could take her to jail. She said he would have to do that. He then told her, "The only thing keeping me back is your cookies" and said the jail would be full and that she'd have to stay there all day.

He then said he would come to arrest her the next day at 9 a.m., but she told him to take her to jail immediately. Officer Hart then repeated his comment about her "cookies."

After she asked what he meant, he reached inside her shirt and fondled her. She was still holding her cell phone and told her sister that she had to go. When her sister said she didn't have to go anywhere, according to the affidavit, the woman said Officer Hart was "nodding in the affirmative."

After she hung up, she said, he grabbed her hand and made her fondle him before he backed away and said, "9 o'clock -- be there."

Officer Hart drove away. The woman said she ran down Hillsboro Street and got a ride to her sister's house, where her family discussed what to do. She finally called 911 to report the assault and the outstanding warrant.

City officers investigated and took her statement the day after the alleged incident on Dec. 8. She picked Officer Hart out of a photo lineup.

The case was later referred to the district attorney's office. Detective Graber interviewed the woman on April 29, 2008, and said her statement to him was the same as the one she gave city officers.
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http://www.wpxi.com/news/20199761/detail.html

Judge Charles Nebel Arrested for Drunk Driving

Authorities say an Upper Peninsula judge has been arrested for suspected drunken driving after police clocked him speeding more than 100 miles an hour.

The Mining Journal of Marquette reports Charles Nebel was arrested Friday evening in Schoolcraft County.

The county prosecutor's office says Nebel's blood-alcohol level was above the legal limit of 0.08 percent. He was arrested and lodged overnight in the county jail.

Schoolcraft County Prosecuting Attorney Peter Hollenbeck says the case has been turned over to Attorney General Mike Cox for a decision on any charges.

Nebel said in a statement he "made a series of bad and inappropriate decisions" and is prepared to face the consequences.

Nebel is a probate judge for Schoolcraft and Alger counties.
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http://www.chicagotribune.com/news/chi-ap-mi-upjudgearrested,0,4792390.story

Monday, July 27, 2009

Man Tasered in the Butt by Boise Police Plans to Sue

A man who was tased, and threatened with tasering between his genital and anal regions plans to sue the Boise Police Department for excessive use of force.

It all started on Feb. 14 of this year. Two Boise, ID police officers were called to a possible domestic disturbance between a man — the complainant — who had in fact just been released from jail, and a woman. A 3-year-old boy was also present.

The man was tasered, and subdued, but the complaint he filed involved being tasered between his buttocks and genitals. An ombudsman's report (.PDF) of the incident was completed by Boise Community Ombudsman Pierce Murphy. The report did not mention either the names of the suspect or the officers involved, but it did highlight this exchange:

Officer #3: Do you feel this?
Complainant: Yes, sir.
Officer #3: Do you feel that? That’s my -
Complainant: Okay
Officer #3: -Taser up your ass.
Complainant: Okay
Officer #3: So don’t move.
Complainant: I’m trying not to. I can’t breathe.

You can listen to an MP3 of the incident here.

While the report addresses the entire incident, it also clearly states that the suspect certainly was tased between the buttocks.

The evidence clearly proves that the Complainant was tased on the inside of his right, lower buttock. The Complainant had visible injuries there ten days after the incident. The same marks were photographed during a forensic medical examination conducted thirteen days after the incident.

Based on the preponderance of evidence, Officer #3’s second use of the Taser on the Complainant while he was handcuffed was neither reasonable nor necessary. For this reason, I have issued a finding of Sustained to this allegation of excessive force.

While the ombudsman did find that excessive force was used, he did not find that a criminal act took place on the part of the officer.

While the report indicates the officer has been disciplined, the complainant's attorney, Ron Coulter, noted that the officer is still on the job.

“I don’t think he should be back on the street, but then I’m not the chief of police. When you do things like he did I’m not sure that person’s even fit to wear a uniform.”

Coulter added that he plans to file a lawsuit, and that his client's name will be revealed then.
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Other Information: http://www.ktvb.com/news/crime/stories/ktvbn-jul2709-tort_claim.81153004.html

Univeristy Officer Matthew Brill Arrested for Illegally Obtaining Prescription Drugs


An East Stroudsburg University police officer has been arrested on charges of illegally obtaining and possessing prescription narcotics for his own consumption.

Attorney General Tom Corbett identified the defendant as 36-year-old Matthew Brill of East Stroudsburg.

“Prescription strength pain relievers are powerful and highly addictive substances,” Corbett said. “Just like illegal narcotics, these drugs can cause a normally responsible adult to do things seemingly out of character. However, addiction does not excuse someone of his or her crimes.”

Court documents state that from March 2009 through June 2009 Brill filled 40 prescriptions for large quantities of Tussionex, Azithromycin, Carisoprodol, Ultram, Vicodin, Avelox, Soma, Alprazolam, Vicroprofen, and Lorazepam.

Prosecutors say that during this time period Brill was able to unlawfully obtain 1,135 tablets and 1,240 milliliters of various controlled substances and 459 tablets of non controlled substances.

According to the criminal complaint, Brill filled the prescriptions at eight different pharmacies in the Stroudsburg and East Stroudsburg area and saw nine different doctors in order to obtain scripts for the drugs.

Brill is charged with one count of acquiring possession of a controlled substance by misrepresentation, one count of possession of a controlled substance and one count of unlawful acts under the Pharmacy Act.

He was arraigned before Stroudsburg Magisterial District Judge Thomas Shiffer and released on $5,000 unsecured bail. A preliminary hearing is scheduled for Aug. 26, 2009.

Brill will be prosecuted in Monroe County by Monroe District Attorney E. David Christine Jr.’s office.

Chief David Baker Arrested for Drunk Driving

The police chief of Alexandria was arrested Saturday night for driving under the influence of alcohol, Arlington County Police say.

Alexandria Police Chief David P. Baker was arrested around 11 p.m. after the unmarked city vehicle he was driving was involved in a car crash near the intersection of I-66 and North Fairfax Drive in Arlington County, police say. Officials say his blood alcohol level was 0.19, more than twice the legal limit. "According to Arlington County Police, Chief Baker's blood alcohol level was .19 percent," said Dana Lawhorne, Alexandria sheriff.

The driver of the other vehicle suffered non-life threatening injuries and was taken to a hospital and released, police say. When officers arrived at the crash scene they say Baker appeared to be under the influence of alcohol. It is unclear where the police chief had been and where he was headed.

The 58-year-old Baker has been with the Alexandria department for 19 years and was a D.C. police officer for 21 years before that.

The police chief says he is disappointed in himself. "I think we all feel heart sick about it, and the person who feels the worst about it is him," said Jim Hartmann, Alexandria City manager.

The chief was booked and released. He is now on paid administrative leave. Alexandria Executive Deputy Chief of Police Earl Cook has been named acting chief of police. Cook is a 30-year veteran of the police department.

Hartmann has the authority to fire Baker right away but says he will wait for the findings of an internal review before making a decision.

"For all the citizens of Alexandria...this is a sad, sad day for us," said Alexandria Mayor William Euille.

Meanwhile, as city administrators are launching an internal investigation, fellow officers and the public say they are shocked and concerned.

"He should be treated just like every other citizen of Alexandria would be treated, with, you know, no exceptions," said Kristin Buczek, Alexandria resident.

Chief Baker released this statement to his officers: "While I can only imagine the disappointment you feel, I want you to know how proud I am of each of you, how privileged I am to work side by side with you and how disappointed and angry I am with myself."

Sunday, July 26, 2009

Judge Bradley Sales Arrested for Trespassing

A Huron County magistrate found himself on the wrong side of law earlier this month after he was charged with trespassing for being in the wooded area of a highway rest stop after hours.

Bradley E. Sales, 48, Elyria, was ordered out of a wooded area at the rest stop on the eastbound side of Ohio 2 at 10:11 p.m. July 11 while troopers were investigating another man who was spotted coming out of the woods. The woods are closed to the public from dusk until dawn.

Vermilion Municipal Court, where the case is being heard, released a written statement of the incident written by the trooper who made the arrest.

Here is how the trooper from the Elyria post of the Ohio State Highway Patrol said the arrest unfolded:

Troopers John Toth and Shawn Kline were checking out the rest area when they spotted Albert Pezzenti, 55, Youngstown, walking out of the woods after dark.

When questioned Pezzenti told the troopers he'd been out for a walk and did not see the sign that said the park was closed to the public after dark.

While detaining Pezzenti in the back of a cruiser, the troopers heard branches breaking in the woods. When the troopers went toward the woods and heard branches breaking again, Toth yelled out into the dark, "If anybody is out there, come out with your hands up."

Sales stepped out of the woods while buttoning up his shirt. The troopers ordered him to the ground.

Sales told the troopers he lived in Elyria and was a magistrate. He works for the Huron County Common Pleas Court. He declined to answer further questions and requested a lawyer.

When reached by phone Friday, Sales declined to comment.

Troy Wisehart, Sales' attorney, said his client was doing nothing criminal. Sales was out for a walk and did not know the park was closed.

"It was a beautiful night, he has a convertible and he was out for a drive," Wisehart said.

Wisehart said there is a scenic overlook or trail at the rest stop that Sales was walking along.

Sales entered a not guilty plea to the trespassing charge on July 14 in Vermilion Municipal Court. The case is set for an 11 a.m. pretrial Aug. 25.

Pezzenti pleaded not guilty to the trespassing charge on July 21. He is scheduled to appear for a pretrial hearing at 9:15 a.m. Sept. 1.

Trespassing is a fourth-degree misdemeanor. If found guilty, Sales and Pezzenti face up to 30 days in jail and a fine of $250.

Saturday, July 25, 2009

Officer Benjamin Miles Cordova Accused of Misusing City Fuel Card

A police report says a North Las Vegas police officer accused of misusing a city fuel card had an expired driver's license and was using a pilfered license plate.

A police report says Benjamin Miles Cordova's 2005 Chevrolet pickup had a license plate that a woman said she turned over to a North Las Vegas police officer when she was stopped for driving with suspended plates.

Police say Cordova's truck hadn't been registered since 2005, and his license expired in 2007.

Cordova is 39 and a six-year veteran of the department. He's on paid administrative leave following his arrest Tuesday on six felony counts of credit card fraud.

He is accused of using the department credit card to refuel his pickup.

Update: Officer Gregory Zach Put on Administrative Leave

The city police officer accused of punching a woman last month applied to the Greenwich Police Department in 2005 but was disqualified over his background check, according to town records.

Gregory Zach, 26, who has been with the Stamford Police Department since 2005, was placed on administrative leave Thursday. Police Chief Brent Larrabee said it was not in the best interest of Zach or the public for the officer to continue to work extra-duty jobs.

Larrabee said Friday he had not reviewed Zach's file and did not know why he was not hired in Greenwich. He said candidates are asked during the application process whether they have applied for other departments and what the result was.

A disqualification from another department would have been investigated during Zach's background check and would not necessarily prevent him from serving in Stamford, because different communities have different standards, Larrabee said.

"It's difficult for me to comment on what another community did," he said. "I will say that we have taken candidates, even in my time here, who have been rejected, who did not pass another exam, who were not hired by another community, and they've turned out to be good employees."

It is also possible that Zach had not been rejected from Greenwich at the time his application was under review at Stamford, Larrabee said.

Zach was working an extra-duty job before the Alive@Five concert June 25 when he stopped Brenda Mazariegos, 40, a passenger in her friend Sandra Solis' car, when the two tried to park in a lot behind The Palms nightclub. Mazariegos is an owner of the club. The lot was restricted during the concert, and Zach would not let the car through.

According to police spokesman Lt. Sean Cooney, Mazariegos declined to provide her driver's license when asked and punched Zach when he tried to arrest her. Zach punched Mazariegos in response, Cooney has said.

Solis' husband, Nelson Solis, has said his wife left the car and that Zach later told Mazariegos to move it. When Mazariegos again tried to enter the lot, Zach demanded her license, Solis has said. When Solis and his wife tried to intervene, Zach pushed them both and punched Mazariegos, Solis has said. Solis and other witnesses who work for The Palms deny anyone punched Zach.

Mazariegos was charged with operating a motor vehicle without a license, second-degree breach of peace, interfering with an officer or resisting arrest, and assault on a public safety officer. She pleaded not guilty at her arraignment July 10 and is to appear in court Aug. 5.

The incident spawned an internal investigation into Zach's actions after the case received media attention and photographs of Mazariegos with a large bump on her forehead were published. Zach was transferred from patrol to a desk-duty job with the youth bureau.

Zach's administrative leave is not punitive, and the investigation into the Mazariegos incident is ongoing, Larrabee said. Zach had a right to continue to work extra-duty jobs as an active police officer under the union contract, and the department could not order him to stop, he said.

Sgt. Joseph Kennedy, the Stamford Police Association president, said the department had a right to place Zach on nondisciplinary administrative leave, but it would not yet have a reason to remove Zach from extra-duty jobs if he were still working.

"Everybody wants to jump on and discipline this kid, but the investigation's not even done," Kennedy said.

The records from Greenwich, police department civil service test results, show Zach applied two years in a row to be a police officer for the town in which he was raised. Zach served in Iraq in 2003 and received extra points for his veteran status.

Zach may have qualified to work in the department the first time he applied, in the 2003 to 2004 application year, said Mary Jo Iannuccilli, assistant director of human resources for Greenwich. That year, Zach had a 93.4 percent score on the series of tests. His score was the second highest in the application cycle.

Iannuccilli said it appeared the department did not move to hire Zach at that time. Iannuccilli said she did not know whether the department had yet conducted a background check.

In the following year, his score dropped to 87.567 percent, and he was disqualified because of his background check.

She said applicants for Greenwich at that time underwent a background check conducted by the independent company Countermeasures Investigations & Surveillance LLC, as well as a more thorough background check by the Greenwich Police internal affairs department.

Iannuccilli said she could not say anything specific about Zach's rejection.

Court records show Zach was arrested by Greenwich police April 1, 2000, and charged with possession of liquor by a minor. Zach was 18 at the time. He was found guilty the following month and assessed a $200 fine, though it is not clear whether the charge, a violation, had anything to do with his disqualification.

Attempts to reach Zach on Friday were not successful.

Larrabee said it was not unusual for applicants to apply for jobs in more than one department at the same time, or for applicants to be hired by some departments despite rejections from others.
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