Friday, October 31, 2008
Gang that Robbed Drug Dealers Included Real Police Officers
In an indictment unsealed in federal court in Brooklyn, the police officer, Jorge H. Arbaje-Diaz, 30, and two other men, Felix Rodriguez and Alfredo Antonio Acosta, were added as defendants to an indictment that charged that a “violent robbery crew” carried out more than 100 armed robberies of drug traffickers over a five-year period and took more than 750 kilograms of cocaine and $4 million.
The indictment adds the names of Officer Arbaje-Diaz and the two others to an indictment originally unsealed on May 6. With the indictment unsealed on Friday, 13 people have now been charged in the case. Eleven of those, including Officer Arbaje-Diaz, have been arraigned and have pleaded not guilty. Two will be arraigned next week.
The group operated between May 2003 and August 2008 in at least six states, including New York, North Carolina and Pennsylvania, prosecutors charged. They said the group used torture and death threats to get information from the drug dealers.
Officer Arbaje-Diaz used his position to gain access to the victims’ homes, where he and other defendants handcuffed them at gunpoint and threatened to arrest them if they did not say where their drugs and money were stored, according to a statement from the United States attorney’s office.
Officer Arbaje-Diaz, 30, took part in robberies that netted thousands of dollars and multiple kilograms of cocaine, heroin and marijuana valued at $200,000, the statement said.
On at least one occasion, the officer, a three-year veteran assigned to transit duties in the Bronx, wore his uniform and carried his badge, weapon and handcuffs, the statement said.
The new indictment charges Officer Arbaje-Diaz, Mr. Rodriguez and Mr. Acosta with conspiracy to violate the Hobbs Act, which outlaws the obstruction of commerce “by robbery or extortion”; possession of and conspiracy to distribute cocaine; and firearms charges. If convicted on all counts, they would face a maximum sentence of life imprisonment.
At his arraignment on Friday, Officer Arbaje-Diaz was ordered held without bail, and his next court appearance was set for Dec. 15, said Robert Nardoza, a spokesman for the United States attorney’s office. The officer’s lawyer, Gregory Cooper, was not immediately available for comment.
The police commissioner, Raymond W. Kelly, called Officer Arbaje-Diaz’s alleged actions “despicable” and “the highest form of betrayal.”
“It is a huge disappointment, to say the least, to the department,” Mr. Kelly said in a news conference. He said the department would examine the background checks that were done before Officer Arbaje-Diaz joined the force. He has been suspended without pay.
NYtimes.com
Video Shows Different Account of What Happened
The attorney for the family of a mentally ill man who died in police custody has released a jailhouse video that captures officers' earliest statements about what occurred and appears to contradict at least one Portland officer's account of what happened.
James Chasse died Sept. 17, 2006, after he was arrested following a foot chase in the Pearl District. Officers said they thought the 42-year-old man had urinated on the street and was on drugs.
Chasse, who suffered from schizophrenia, died after suffering 16 broken ribs, including some that punctured a lung and caused massive internal bleeding, according to autopsy results.
In an interview with investigators a few days after the incident, Officer Christopher Humphreys said he shoved Chasse down and then fell onto the sidewalk, past Chasse.
But the video of officers talking at the jail after they brought Chasse in captures Humphreys telling a sheriff's deputy that "we tackled him" and Chasse landed "hard." As Humphreys is heard telling jail staff that the officers tackled Chasse, his partner is seen showing a "bear-hug" stance.
The video, recently enhanced by professionals to make the dialogue intelligible, was released Thursday by Tom Steenson, the Chasse family attorney, and first made public by the Portland Tribune.
Hours after the video's public release, police Chief Rosie Sizer asked the internal affairs investigators who reviewed Chasse's death to re-examine it.
"Because the video contains enhanced audio that has not been previously available to investigators, I have asked the Internal Affairs Division to review all statements made by every member of the Police Bureau to determine if it would be appropriate to open a new investigation," Sizer said in a statement. "If appropriate, I will do so."
The 13-minute video ends with police and jail sheriff's deputies hauling Chasse out of jail. Chasse, who can be heard moaning, died while police were driving him to a hospital.
The Chasse family has filed a federal lawsuit against the city, police and county. A Multnomah County grand jury found no criminal wrongdoing in the case.
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Information from: The Oregonian, http://www.oregonlive.com
Veteran Sgt. Michelle Wagner Charged with Theft

MANCHESTER
A veteran Manchester police officer accused of stealing money from what sources say was the department's Police Explorer fund was charged with theft Thursday.
Sgt. Michelle Wagner, 33, turned herself in Thursday in response to a warrant charging her with second-degree larceny, Deputy Chief Marc Montminy said in a press release. The charge stems from allegations of "inappropriate financial transactions from accounts that Sgt. Wagner managed," the release states.
Several sources said Wagner took the money from a fund used for Police Explorers. Wagner used to supervise the program for youths who want to learn about police work.
The investigation continues, the press release says; more charges may be filed against her.
Michelle Wagner, Manchester police sergeant Wagner remains on administrative leave with pay, Montminy said in a phone interview. She was placed on leave when the allegations surfaced Sept. 12, he said.
The chief state's attorney's office in Rocky Hill is overseeing the investigation, which Manchester detectives are conducting.
Wagner, a 10-year veteran of the department, was a community relations officer before her recent promotion to sergeant. She has received awards over the years, including a distinguished service medal in 2003 for her undercover work during an investigation of an escort service in Hartford.
Second-degree larceny is a felony punishable by up to 10 years in prison and a fine of as much as $10,000.
http://www.courant.com/news/local/statewire/hc-31061334.apds.m0340.bc-ct--offioct31,0,6574120.story
Officer Wesley Birden Arrested for Child Cruelty

GRIFFIN, Ga.
The Griffin Police Department has fired a police officer arrested on child cruelty charges.
Investigators were called to Anne Street Elementary School Wednesday. The school reported that a student had excessive bruising. Investigators learned that a plastic coat hanger and a rolled up magazine caused the injuries, police said.
The student told officials Officer Wesley Birden caused the injuries.
Birden and the student reside at the same residence. Their relationship to each other has not been released.
“It was decided that the case would be conducted just as it would for anyone else,” said Cpl. Bryan Clanton with the Griffin Police Department. “Birden has been a police officer for just over a year and there have not been any past reports to my office of this kind of conduct. Our investigation was conducted with the Juvenile Division and the suspect was arrested. Birden was off-duty when the alleged incident occurred and was not acting in the capacity of a law enforcement officer.”
“When an adult disciplines a child, the action should not leave injuries,” said Lt. Mike Natale, Griffin Police Department Juvenile Division supervisor. “Birden exceeded the boundaries of child correction and crossed into suspected criminal behavior.”
Birden was transported to the Spalding County Jail and charged with Cruelty to Children in the First Degree. His employment with the City of Griffin ended with his arrest.
Corrections Officer Todd Robinson Accused of Giving Inmates Marijuana
Todd Allen Robinson, 31, of Uniontown was charged Tuesday before Magisterial District Judge Dwight K. Shaner with possession with intent to deliver marijuana, possession of marijuana and criminal use of a communication facility.
Trooper Mark Yakicic of the state police Organized Crime Western Task Force said the charges were filed against Robinson after an informant inside the prison notified police that Robinson was supplying drugs to inmates for a fee.
In the criminal complaint filed in the case, Yakicic said that on Oct. 23 an undercover state police trooper called Robinson and arranged for him to bring marijuana to an inmate inside the prison.
Yakicic said that on Tuesday, the undercover trooper again called Robinson who said he was willing to deliver the ounce of marijuana to the inmate in exchange for the remainder of a pound of marijuana.
At 7:11 p.m., Robinson met with the undercover trooper at a parking lot in South Union Township and took a pound of marijuana from the trooper and agreed to deliver two ounces to an inmate at the prison, Yakicic said.
The conversation was recorded, Yakicic said.
After leaving the parking lot, Robinson was stopped by state police and taken into custody.
Yakicic said that Robinson allegedly admitted to taking the marijuana and planning to give it to an inmate.
"SCI-Fayette and the state Department of Corrections do not tolerate this type of activity," spokeswoman Rhonda House said Wednesday. "Whenever we are provided with information of this sort, we work with local law enforcement to prosecute these cases."
House said Robinson was placed under suspension Wednesday.
A preliminary hearing is set for 9:30 a.m. Wednesday before Magisterial District Judge Joseph M. George Jr. Robinson is free on unsecured bond.
Officer Bruce Blanco Arrested for Fixing Ticket

Bruce Blanco, 48, of Commack, who has 22 years on the force was to be arraigned Saturday in First District Court, Central Islip, on one count of second-degree grand larceny and one count of second-degree bribe receiving.
"The officer is accused of two very serious crimes, both felonies," Police Commissioner Richard Dormer said in a statement. "We have substantial evidence that he fixed a traffic summons in exchange for thousands of dollars worth of work on his house."
Blanco, who is assigned to the Fourth Precinct in Hauppauge, was suspended without pay, Dormer said.
Bruce Blanco, 48, was to be arraigned Saturday in First District Court in Central Islip on one count of second-degree grand larceny and one count of second-degree bribe receiving.
Blanco was arrested at Suffolk police headquarters in Yaphank at 2:45 p.m. and was to be held in custody overnight at the Seventh Precinct in Shirley, police said.
Former Police Sergeant Frank Holder Arrested for Bank Robberies

A former Pomona police sergeant has been arrested in connection with a series of bank robberies in Escondido, Glendora and Rancho Cucamonga.
Frank Holder, 61, was arrested Wednesday afternoon in Rancho Cucamonga after he allegedly robbed a bank, FBI spokeswoman Laura Eimiller said.
Witnesses inside the bank were able to describe the suspect to deputies at the scene, Eimiller said.
San Bernardino County sheriff's deputies then stopped a vehicle nearby with Holder in it. The suspect description matched Holder.
Holder, a Phelan resident, was identified and booked into Central Detention Center in San Bernardino on suspicion of bank robbery, Eimiller said.
FBI investigators dubbed Holder the "Grandpa Bandit."
Holder got his nickname because witnesses would say, "He appeared to be a grandfatherly figure," Eimiller said.
Holder is set to appear at 2p.m. today in U.S. District Court in Santa Ana.
Pomona Police Chief Joe Romero confirmed Thursday that Holder is a former employee.
Holder transferred in 1974 from the Montclair Police Department to the Pomona Police Department.
He was promoted to senior police officer in 1987 and became a sergeant in 1991, Romero said.
Holder retired from duty in 2004 under honorable circumstances.
"He worked a variety of assignments," Romero said.
News of Holder's arrest came as a shock to people who worked with him, Romero said.
"It is totally out of his character," he said.
http://www.mercurynews.com/breakingnews/ci_10864333
http://cbs2.com/local/Grandpa.Bandit.Holder.2.853486.html
Officer Jorge Arbaje-Diaz Charged with Robbery
A New York City police officer was charged Friday with being a member of a robbery crew that specialized in impersonating police and torturing rival East Coast drug dealers until they gave up stashes of cocaine and cash.
Federal prosecutors in Brooklyn accused Jorge Arbaje-Diaz of committing of a least one robbery while on duty and in his New York Police Department uniform. They also claimed in court papers that the officer made "post-arrest admissions," but didn't elaborate.
Arbaje-Diaz pleaded not guilty Friday at his arraignment.
The arrest "brings dishonor to the proud reputation of the thousands of law enforcement officers in New York who put their lives on the line every day to protect their residents and communities," U.S. Attorney Benton Campbell said in a statement.
Arbaje-Diaz, 30, was arrested and suspended from the force shortly after midnight Friday following a tour as a transit officer in the Bronx. In court, the officer's lawyer asked prosecutors for details of his client's statements and results of a search of his home. But he didn't comment on the case.
The officer was among three men arrested Friday in an ongoing investigation by the NYPD, the Drug Enforcement Administration and New York State Police. Ten other suspects were charged earlier this year in what officials described as one of the more brazen and lucrative robbery operations in recent memory. All 13 are from the Dominican Republic.
The spree netted more than 1,650 pounds of cocaine worth $20 million and $4 million in cash since 2003. At least 100 people were injured.
Investigators say the gang paid informants to provide the names and whereabouts of traffickers around New York City, Massachusetts, Pennsylvania, North Carolina and Florida. After that, it conducted surveillance for days or even weeks, sometimes using satellite tracking devices.
Once the crew had a fix on its targets' daily routines, it would use fake squad cars equipped with lights and sirens to trick their victims into stopping. They would invade homes the same way, then handcuff the inhabitants and haul them away at gunpoint.
Arbaje-Diaz — "a vital and active member" of the gang — once "left patrol still wearing his NYPD uniform and carrying his official firearm, badge and handcuffs to meet members of the crew and carry out a robbery," court papers said. "He used his status as a police officer ... to illegally demand access to the homes of his victims."
During interrogations at dingy hideouts, the bandits allegedly bound their victims with duct tape, beat them and held guns to their heads to get them to reveal information. Using bathtubs, they simulated drownings by repeatedly submerging victims' heads, court papers said.
One victim told investigators that during a 2005 abduction, two gang members "applied a pair of pliers to the victim's testicles and threatened to squeeze the pliers if the victim did not talk," the papers said.
Arbaje-Diaz was ordered held without bail. If convicted of robbery, drug dealing, firearms possession and other charges, he faces a minimum of 45 years in prison.
Officer Roosevelt Noble Jr. Arrested for Molesting 14-year old

A former Milpitas police officer who is suspected of repeatedly molesting a 14-year-old girl during a span of two years was arrested Thursday by San Jose police.
Roosevelt Noble Jr., 41, was booked into Santa Clara County Main Jail, where he is being held in lieu of $1 million bail, according to law enforcement officials. The Santa Clara County District Attorney's Office will review the case and determine what specific charges will be filed. Noble will likely be arraigned early next week.
Noble was a Milpitas police officer from mid 1992 through 2007, according to Milpitas Police Chief Dennis Graham, who did not discuss any other details about Noble's employment.
San Jose police were informed Monday of the suspected molestation by the county department of family and children's services, which had received an anonymous tip, according to Lt. Mark McIninch of the sexual assault investigation unit. Detectives interviewed the girl and her mother and determined that the inappropriate touching began when the girl was 12 and lasted about two years, McIninch said. Police say the molestation ended in June.
A follow-up investigation substantiated the girl's allegations, McIninch said. Noble was located and arrested in San Mateo County by members of the San Jose police MERGE unit.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/31/BA8C13S7SI.DTL
Sgt. Steve Brody Charged with Stealing Tastykakes

Morrisville, New York
Men and women in uniform are supposed to enforce the law -- not break it. But Thursday night, SUNY Morrisville Police Sgt. Steve Brody is charged with petit larceny for taking Tastykakes from a Nice N Easy gas station.
The convenience store’s manager thinks it started last spring, though Sgt. Brody has been a regular at the Nice N Easy for years. The store gives any police officer a free coffee. So he'd grab his cup of joe, and buy a newspaper. But then last spring, a staff member noticed Brody was also pocketing a Tastykake many times when he'd come in.
“I had my girl that worked behind the counter bring it to my attention, and at first I was like, ‘No this can't be. I don't believe this,’ “ says store manger Randy Hobson.
It was unbelievable. But when a number of Hobson's employees told him the same thing, he felt he had to confront the officer.
“At that point he firmly denied it, and stopped doing it for a period of weeks -- maybe three or four -- and then it started up again,” says Hobson.
That's when Hobson had security cameras installed. Within about a month, he had 18 separate incidents on tape. He turned those in -- and Brody was charged.
“Regular people have to follow the law. Everybody should have to follow the law and it was more of a principle thing than the $29 my company is going to get back in restitution. That's for sure,” Hobson says.
It's unlikely Brody will ever set foot into that Nice N Easy again, but you may be wondering whether there are any professional repercussions for what he did.
SUNY Morrisville says they can't comment on the incident, but a representative tells us he is still employed by the university.
http://www.inquisitr.com/6814/policeman-charged-with-stealing-donuts/
Thursday, October 30, 2008
Former Officer Rico Yarbrough Won't Serve More Prison Time

A former Tulsa police officer won't serve any more prison time for engaging in a criminal conspiracy, obstructing justice and giving unlawful notice of a search warrant while he worked for the Police Department.
As first reported Wednesday on tulsaworld.com, Rico Yarbrough was sentenced to time served after pleading guilty July 18 to the same charges on which he was convicted two years ago.
Yarbrough, 44, originally was sentenced in November 2006 to three years and eight months in prison. The 10th U.S. Circuit Court of Appeals overturned that opinion on June 3, saying the trial judge should have let jurors hear more evidence about Yarbrough's character.
Yarbrough, who resigned from the police force in April 2006, began serving his sentence in mid-March 2007 and was released June 30.
U.S. District Judge James Payne, who was not the trial judge, said during Wednesday's hearing that Yarbrough already has served a punishment that was "sufficient but not greater" than called for under the law.
Payne ordered, however, that Yarbrough be under court supervision for three years.
Yarbrough apologized to the court Wednesday for his "poor decision-making."
Later, he said only that "I'm glad it's over."
His attorney, Rob Nigh, said the nearly 16 months that his client already has served were "more than enough."
Nigh said Yarbrough made "a very serious mistake and paid for it with a substantial part of his life."
He said Yarbrough took college courses while in custody and plans to pursue a career in heating and air conditioning.
U.S. Attorney David O'Meilia said Wednesday that his office is satisfied with the sentence. Both O'Meilia and Nigh said that under sentencing guidelines, Yarbrough would have faced only four more days in custody if Payne had imposed punishment at the bottom of the applicable range.
Even though Yarbrough pleaded guilty to the same charges that prompted a 44-month sentence in 2006, the sentencing span called for in his July plea agreement was 18 to 24 months.
That's because Yarbrough received credit for acceptance of responsibility this time and also received less punishment for obstruction of justice. O'Meilia and Nigh agreed that "good time" credit earned by Yarbrough while in custody reduced the 18-month level even further.
Last Thursday, Payne sentenced former Tulsa Police Department employee Deshon Stanley to five months in prison after she pleaded guilty in February 2007 to conspiring to leak confidential information about a witness to a prison inmate.
Stanley, 33, also pleaded guilty to six counts dealing with a tax-fraud scheme that her plea agreement says cost the Internal Revenue Service more than $137,000.
Stanley, who was fired in April 2006 from her civilian job as an office administrator in the Police Department Records Room, will begin her prison sentence by Jan. 15. She will be under court supervision for three years after her release and must pay more than $134,000 in penalties.
Officially, the cases of Stanley and Yarbrough were unrelated. However, it was revealed during Yarbrough's trial that the two had a mutual acquaintance — a Broken Arrow man named Kejuan Lavell Daniels, 35.
Daniels pleaded guilty in July to participating in a conspiracy from December 2002 until 2006 that involved 100 to 150 kilograms of cocaine. His sentencing is slated Jan. 14.
Daniels had been under investigation since 2004 for suspected cocaine-trafficking, according to the FBI. Prosecutors alleged that Yarbrough was in regular contact with Daniels and kept him informed about the progress of the investigation into Daniels' activities.
In July, Yarbrough admitted conspiring with Daniels to obstruct a federal grand jury investigation.
He also admitted that on Feb. 10, 2006, he called a third man to warn Daniels that a search warrant was about to be executed at Daniels' Broken Arrow home.
Sheriff Charles Williams Arrested for Assault
Mitchell says Williams got into a verbal argument with EMA Director Walter Hill and allegedly charged at him. That's when deputies who were there say they had to restrain Williams to prevent him from hurting Hill.
Williams is now out on bond. His court date is set for November 13th.
Chief Mitchell says the ABI is investigating this as well as other incidents involving the two men over a period of several months, and that he hopes to resolve the issues and move on.
Officer Jim Torbet Commits Suicide After Being Charged with Shoplifting

Jim Torbet, 54, was suspended from duty by Sussex police along with Chief Inspector Sharon Rowe after the pair were stopped leaving the store in Shoreham, West Sussex, in September.
The two high-ranking officers were released on bail pending further investigation into the alleged theft of wine.
His body was discovered in the early hours of the morning at his detached home in Peacehaven, East Sussex.
A police spokeswoman said that there were no suspicious circumstances surrounding the death. Mr Torbet’s apparent suicide comes five years after his teenage daughter was murdered by her former boyfriend.
The headteacher of a school where Mr Torbet was the vice-chairman of governors condemned “procrastination” by those investigating his alleged shoplifting, which he claimed created an “intolerable situation for a very decent man”,
Mike Conn, principal of Bexhill High School, said that he would write to Martin Richards, chief constable of Sussex Police: “I would like to know why the allegation, which was relatively minor, took so long to investigate and secondly how it came into the public domain before he was even charged.
“Jim was a man of the utmost integrity and I don’t understand how in a country which prides itself on people being innocent until proven guilty, a man’s details were allowed to be released without him being charged.
“I am so incensed by this. The thought of him stealing a bottle of wine just doesn’t seem possible. If the police were going to charge him, why has it taken so long?
“This was a simple, straightforward shoplifting matter that is normally dealt with by way of a fixed penalty fine or in court relatively quickly.”
Mr Torbet joined Sussex police in 1980 and received five commendations before he and CI Rowe, district commander of Worthing, West Sussex, were stopped at the seaside M&S store late last month.
Security guards reportedly stopped the pair after they were caught on CCTV allegedly attempting to shoplift bottles of wine from the shop, in Shoreham’s Holmbush Centre.
Mr Torbet’s death was announced to colleagues by Chief Constable Richards, who described him as a “popular and valued member of our team”.
“Jim had given many years of loyal and dedicated service to Sussex Police, and in recent years has served as Detective Chief Inspector in the Professional Standards Department,” he added.
A tribute to the DCI posted on the website of a local newspaper read: “You were never too stuck up to have a laugh with us at the bottom of the ladder. Gone but never forgotten — a top bloke.”
In 2003 Mr Torbet’s 19-year-old daughter Rae was stabbed to death by her ex-boyfriend Dellwyn James, after the forklift truck driver lay in wait for her at her flat in Bexhill, East Sussex.
Mr Torbet broke down in tears as he saw James jailed for life at Lewes Crown Court later that year and outside court expressed his wish that James would be “third time lucky” with any further suicide bid.
Ms Rowe, 44, is a trained English teacher who joined the police in 1986 and twelve years later became the first woman to reach the rank of inspector in Brighton and Hove.
Tribal Officer Daniel Kettell Charged with Sexually Abusing Girl
A Mission man has been arrested on a charge he sexually abused a girl this summer when he was a tribal police officer on the Rosebud Indian Reservation.
Thirty-three-year-old Daniel Kettell was indicted on one count of abusive sexual contact, which carries a maximum punishment of three years in prison.
According to the indictment, the abuse happened July 5 in Todd County and involved a juvenile female who was not capable of giving her consent.
Kettell is scheduled to enter a plea Tuesday in federal court in Pierre.
Trial Begins for Suspended Corning Officer Accused of Lying

Opening statements were given on Wednesday. Thirty three year-old Jason Dininny is accused of lying while testifying during a marijuana possession trial last year in Corning City Court.
Dininny’s attorney Raymond Schlather says his client picked up the drugs during the bust. But another officer claims he picked up the marijuana and handed it to Dininny. Schlather says Dininny is a model citizen and officer.
“No person of his reputation and his background and his experience, no such person would risk all of that for a marijuana violation,” says Schlather.
“He's not accused of making a mistake, he's accused of lying,” says Steuben County District Attorney John Tunney.
No marijuana is missing. Dininny is charged with perjury and offering a false written statement. If found guilty, he faces up to seven years in state prison.
The defense says more than twenty witnesses will be called. He says the trial will wrap up by the end of next week.
Former Deputy Sheriff Arrested in Drug Bust
A former Hidalgo County Sheriff's Deputy and 10 others are behind bars this morning, accused of running a major drug operation.
A warehouse on Griffin Parkway in Mission is one of 10 Valley properties seized by the government. They also seized properties in Palmview, McAllen, Hidalgo, Donna, Progreso, and Brownsville. Authorities also found $22 million in drug money and more than 200 kilos of cocaine and eight tons of pot.
They traced it all right back to the Valley. Jerry Robinette, an ICE representative, says, "The drugs were being smuggled through the southern border, our Texas-Mexico border, and then transported through South Texas into Atlanta."
Forty-one people have been indicted in connection with this case.
Ex-Chief Jose Luis Vela Accused of Sexual Assault

EDINBURG
A former Alton police officer who has accused ex-chief Jose Luis Vela of sexual assault said it took nearly a year for him to come forward because he was embarrassed.
The officer told jurors that on Aug. 26, 2006 he woke up in Vela's bed to find the chief performing oral sex on him.
"I grabbed my clothes and started leaving," said the officer, who is identified by the pseudonym "Frank" in court filings. "I went outside and I threw up."
Frank's testimony came this morning on the first day of Vela's trial on sexual assault charges. It is The Monitor's policy not to identify victims of sexual assault.
Prosecutors allege the former Alton officer accepted several drinks from the ex-chief on the night of the alleged assault and had not agreed to any sexual activity.
"He's a police officer - a man who fell victim to another man," Hidalgo County Assistant District Attorney Hope Palacios said. "He was ashamed. He was fearful. He was disgusted."
Vela's defense, however, argued that the sexual encounter between the two men occurred in the midst of a consensual relationship.
During this morning's proceedings, attorney Luis Singleterry suggested that Vela and Frank had had at least four prior sexual encounters before the August 2006 incident.
Frank denied those allegations and said that he has had a hard time talking about Vela's advances ever since.
Soon after the purported encounter, Vela fired him, Frank said. But the chief offered the patrol officer his job back days later.
At the time, Vela ordered him to keep quiet, threatened his future career and suggested he could receive a promotion if he kept quiet, Frank told jurors.
But he said he was subject to several other advances from his boss during the nearly year and a half afterward that he continued to work at the department.
In one instance, Vela called him over to his house while he was on duty, the officer said.
"As soon as I opened the door Mr. Vela was naked and tried to give me a hug," he said. "That's when I pushed him back, told him my stomach hurt and told him I had to ho home."
Vela, 44, of Alton, also faces two other indictments stemming from allegations that he sexually assaulted at least one other officer with a beer bottle and stole a gun from his department's evidence locker. Those cases have not yet gone before a jury.
Frank and three other current and former Alton Police Department employees filed a civil lawsuit against Vela and the City of Alton earlier this year, claiming that the city had not adequately responded to their complaints about the chief's alleged sexual assaults.
Vela has since been dropped from that suit.
Testimony in his criminal trial is expected to resume this afternoon.
http://www.chron.com/disp/story.mpl/ap/tx/6087055.html
Wednesday, October 29, 2008
Detectives Testifies Against Gary DeFilippo

A retired detective told jurors a former Staten Island prosecutor and court officer accused of knocking out a man's eye in a vicious bar fight corrected officers filling out a police report on the object he allegedly slammed his victim with.
"It wasn't a bottle, it was a glass," Gary DeFilippo shouted from his holding cell after his arrest on July 1, 2004, Det. Kevin Hanley testified today.
DeFilippo, 50, of Lamoka Avenue in Great Kills, is on trial for the second time for allegedly slamming a drinking glass in Mitchell Miller's face at the South Shore Country Club.
Miller lost his left eye after undergoing surgery following the early-morning attack.
DeFilippo was arrested and charged with first-degree assault and weapon possession.
A conviction on the top count of assault could land him in prison for up to 25 years.
Volunteer Officer Accused of Overly Aggressive Tactics
A volunteer police officer from Medford is accused of using overly aggressive tactics to stop a driver in Northboro, when the part-time officer was riding his motorcycle on Interstate 290.
As a part-time officer in Medford, Joseph N. Teta, 65, of Haverhill, does not have police powers in Northboro or in any community other than Medford. He was charged yesterday in Westboro District Court with impersonating a police officer, reckless driving and improper operation of a vehicle. He was not arrested, but was summoned to court after the incident, which allegedly occurred around 3 p.m. on Aug. 11.
According to state police, Mr. Teta, wearing police patches and a police helmet, activated the red and blue emergency lights on his motorcycle and pointed to the 22-year-old woman driving in front of him to pull over. A witness told police that Mr. Teta swerved in and out of lanes several times to make the woman stop, and later yelled at her. The witness guessed that Mr. Teta “was not a real cop,” according to a state police report.
The woman was visibly shaken and crying after Mr. Teta pulled her over, the report states. She told police Mr. Teta had been pursuing her from Worcester and that he finally swerved his motorcycle at her, forcing her to stop in Northboro.
Mr. Teta was found to be carrying two knives, and he had a licensed handgun concealed in his motorcycle, according to state police.
Frederick Mangone, chief of Medford’s Special Police, confirmed that Mr. Teta is still a member of the 22-member division.
“I was aware that there was an incident,” Mr. Mangone said about charges against Mr. Teta, but said he didn’t know enough to comment on it.
Medford Police Lt. Paul F. Covino said the Special Police is an all-volunteer force that usually is called on to assist during parades and festivals. They carry weapons and have the same police powers as full-time officers, but they are not paid and do not use police department vehicles, the lieutenant said.
Timothy J. Connolly, spokesman for the Worcester district attorney’s office, said Mr. Teta was driving his own motorcycle at the time of the Northboro incident.
Cpl Benjamin Robinson Facing Charges of Impaired Driving

An RCMP officer facing charges of impaired driving causing death in Delta is refusing to comment on the charges against him.
Reached by The Vancouver Sun on his cellphone Wednesday, Cpl. Benjamin Monty Robinson hung up as soon as a reporter identified himself.
Follow-up calls to Robinson went to voice mail and messages left for Robinson were not returned.
Robinson is due to appear in Surrey Provincial Court on Jan. 15 after he was allegedly involved in a collision Saturday night that left 21-year-old Orion Hutchinson dead.
According to Delta police, Hutchinson was riding westbound on his motorcycle along Sixth Avenue when his bike collided with an eastbound Jeep at Gilchrist Drive.
Hutchinson, who was thrown from his bike, suffered serious injuries and was pronounced dead at the scene.
The driver of the Jeep, an off-duty RCMP member, was transported to Delta police headquarters where, Delta police said, he failed a breathalyser test.
The officer was released on a promise to appear in court in January.
Because he has not yet been formally charged, Delta police have refused to publicly identify him.
However, media reports identified the officer as Robinson, whose family owns a house just a few blocks from the crash scene.
The RCMP has also confirmed the officer charged is one of the four who was involved in the Tasering of Polish immigrant Robert Dziekanski at Vancouver airport on Oct. 14, 2007.
Dziekanski died shortly after being Tasered.
Robinson, who was working for the RCMP's Vancouver 2010 integrated security unit, has been suspended with pay.
Before moving to the Lower Mainland, Robinson worked for several years in Merritt and Chase.
In 2002, Robinson won a provincial bravery award along with two other officers after confronting and arresting a man armed with an axe and a bat at the Adams Lake Indian band office.
The suspect in the case, 28-year-old David Arthur John, was shot by police in the chest after he refused to drop his weapons. John survived.
It was not clear from media reports at the time which officer shot John.
Officer Allen Pettit Charged with Stealing Drugs
Allen E. Pettit, 46, of 824 Maple St., Harwick, was charged with theft by unlawful taking or disposition, perjury, hindering apprehension or prosecution, tampering with or fabricating evidence and obstructing the law.
The case against Pettit stems from 2006, when he arrested Charles Paith, 26, of Van Voorhis. During the raid of Paith's house, Pettit seized 5 ounces of cocaine and nearly a pound of marijuana.
Washington County District Attorney Steve Toprani said Pettit is the last person to have custody of the drugs when he picked them up from a state police laboratory in March 2006.
The drugs were discovered missing when Pettit allegedly falsely testified in court during an April 2007 hearing that the evidence had been destroyed.
Toprani declined comment on the status of Paith's prosecution.
Washington County Chief County Detective Mike Aaron served an arrest warrant on Pettit in Springdale Township.
He was arraigned before Cheswick District Magisterial Judge David J. Sosovicka and remanded to the Washington County Correctional Facility in lieu of $50,000 straight cash bond.
Pettit faces a preliminary hearing before Magisterial District Judge Larry Hopkins in Charleroi at 2:45 p.m. Nov. 7.
Pettit resigned from the Fallowfield police department, where he was captain, in 2006.
In July 2007, he pleaded guilty to a charge of theft for using his municipal gas card to fill his private vehicle.
He was placed on probation for 12 months in the wake of that incident.
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_595689.html
Police Officer Johnny Zamora Arrested for Domestic Violence
A Clovis police officer is on paid administrative leave after being charged with one count of domestic battery.
Johnny Zamora, 26, was arrested Sunday after a police department supervisor learned that Zamora had been involved in a domestic dispute with his wife while he was off duty. Jail officials say Zamora was released Monday on his own recognizance.
Zamora will remain on leave for the duration of the criminal case, said Clovis police Capt. Patrick Whitney.
The department said in a news release that all cases of alleged domestic violence are taken very seriously and thoroughly investigated and that the appropriate action is taken regardless of the people involved.
Zamora has been with the department since April 2006 and is a patrol officer.
Tuesday, October 28, 2008
Officer Christopher Sutherlin Arrested for Hit and Run, DUI
A New Port Richey Police officer is out of jail on bond, facing numerous charges in an early morning hit and run crash.
The Florida Highway Patrol says 30-year-old Christopher Sutherlin slammed his 2006 Nissan pickup into the back of another truck around 3:00 a.m. on Sunset Road in Pasco County.
Troopers say Sutherlin took off, but was forced to stop because of heavy damage to his vehicle.
A passenger in Sutherlin's truck, as well as the driver in the other truck, were slightly injured.
Troopers say Sutherlin's breath test registered a .148 and a .151 blood-alcohol level.
Florida law presumes drivers impaired at .08.
Officer Johnny Zamora Arrested for Domestic Battery
Johnny Zamora was placed on paid administrative leave for the duration of the criminal case, Capt. Patrick Whitney said.
Jail officials said Zamora was released Monday on his own recognizance.
Whitney said because of personnel issues, he was unable to comment further on the arrest.
Zamora told officers he choked his wife during an argument in the early morning hours Sunday after a coworker reported knowledge of the incident to a supervisor, according to a police report released Tuesday.
Officers documented marks on the woman’s neck and wrists, the report said, and witnesses gave statements that the couple had argued while in their vehicle.
“All cases of alleged domestic violence are taken very seriously and thoroughly investigated by the Clovis Police Department. The appropriate action is taken regardless of the people involved,” the release said.
Whitney said Zamora, 26, has been with the department since April 2006 and is a patrol officer.
Efforts to reach Zamora Tuesday were unsuccessful.
Persons convicted of domestic violence are precluded from owning a firearm and often serving in law enforcement, District Attorney Matt Chandler said. Chandler said Zamora faces a maximum penalty of 364 days imprisonment and or a $1000 fine if convicted.
http://www.cnjonline.com
Officer Who Shot and Killed 18 year old Arrested
According to the Anatolia news agency, a police officer, whose name was withheld, ordered two motorists riding in the Ye?ildere neighborhood to stop. One of the young men -- whose name was also withheld -- stopped and got off his motorcycle. The other biker, identified as Çağdaş Gemik (18), allegedly was trying to get away on his bike when the officer fired at him. The man, who was shot in the left side of his neck, died at a hospital a few hours later.
The suspect was first questioned by a regional public prosecutor, who referred him to a court on charges of "homicide with probable deliberation." The man was placed under arrest by the court and jailed until trial. In a statement released shortly after the incident, Antalya Police Chief Feyzullah Arslan said the police officer had not deliberately killed the man. The officer was suspended, and a legal and administrative probe had been launched, Arslan said.
Allegations of police brutality have not been uncommon in the past two years. One such incident occurred in November when Baran Tursun (20) was shot in the head and killed, allegedly by an officer as he tried to escape from the police. The trial is still ongoing. Another incident, also in November, occurred in İstanbul's Avcılar district at a community park where two men were reportedly drinking beer when a police patrol approached them in response to calls accusing the two of disturbing the peace. According to witnesses, the men were attacked by the officers. Feyzullah Ete, whom a police officer allegedly kicked in the chest, died at the scene.
http://www.clutchandchrome.com/News/0810/News0810076.htm
Officer Terry Cozad Arrested for Drunk Driving
Officer Terry Cozad, 38, a member of the Council Bluffs Police Department since 1999, was pulled over by a Mills County Sheriff's Deputy around 8 p.m. along U.S. Highway 275 north of Glenwood.
A Glenwood address is listed for Cozad on an arrest report.
After he was pulled over, the deputy determined Cozad was under the influence of alcohol. Cozad refused a breath alcohol test at the scene to determine his blood alcohol level, according to Mills County Sheriff Mack Taylor. Cozad was arrested and charged with suspicion of operating a vehicle while intoxicated. Cozad posted bail and was later released.
A Nov. 3 preliminary hearing has been set.
Neither Cozad nor his attorney, Joseph Hrvol of Council Bluffs, could be reached for comment.
A first offense conviction for operating a vehicle while intoxicated is a serious misdemeanor, punishable by up to one year in jail and a fine of up to $1,500. A conviction may also result in suspension of driving privileges.
Council Bluffs Police Chief Keith Mehlen said his department was aware of the incident and that Cozad has been placed on paid administrative leave pending the outcome of the investigation.
Cozad was the recipient of the department's Officer of the Year award in May for his work with the Police Area Representative Unit (PARU), a special unit dedicated to community policing, gang identification and cooperation with Immigration and Customs Enforcement.
Cozad was awarded the department's Medal of Valor in 2006 after preventing a carjacking. In that incident Cozad shot and killed John Raymond Bothwell after Bothwell backed a stolen vehicle into another officer. The Pottawattamie County Attorney concluded Cozad acted appropriately in the case.
The Oct. 19 incident isn't Cozad's first with Mills County officers. In a July 2001 incident Cozad was charged with first-degree harassment and interference with official acts while armed with a firearm in connection with a 40-minute standoff with Glenwood Police and Mills County Sheriff's Deputies.
In the 2001 incident, officers were called to a domestic dispute at 1102 Sixth St. in Glenwood. When officers arrived, they found Cozad in the driveway of the residence locked in his sport utility vehicle with a firearm. After 40 minutes of communication between officers and Cozad he surrendered to police. Cozad was transported to Council Bluffs hospital for an evaluation.
The harassment charge was later dropped and Cozad received a deferred judgement on an amended interference charge. He was ordered to serve 40 hours of community service and undergo an alcohol evaluation.
Monday, October 27, 2008
Officer Ramon Martinez Pleads Guilty to Selling Illegal Guns
A former South Texas police officer has pleaded guilty in federal court to illegally selling guns that wound up in Mexico.
Ramon Martinez, who at the time was a Palm Valley police officer, would buys guys from dealers and private citizens, often over the Internet, then sell them for a profit.
According to the U.S. Attorney's office, guns found in Mexico and traced back to Martinez triggered the investigation.
Martinez, 37, faces five years in prison and as much $250,000 in fines for dealing in firearms without a license. U.S. District Judge Hilda Tagle set sentencing for Jan. 28.
Former Deputy Nicholas Gonzales Charged with Child Abuse
A former Newton County Sheriff’s Department deputy has been charged with child abuse.
Nicholas J. Gonzales, 26, of Neosho, was charged Thursday with one count of class C felony child abuse after an investigation by the Neosho Police Department. Gonzales is accused of striking a 22-month-old infant on Oct. 17.
Neosho Police Chief David McCracken said Saturday that the investigation began after officers were called to Freeman Neosho Hospital’s emergency room, where the infant had been initially brought before being transported to St. John’s Regional Health Center in Springfield. Physicians found the infant had sustained injuries that triggered suspicions of abuse.
McCracken said the infant had suffered injuries, although they were not life-threatening. The infant was still in the care of St. John’s on Saturday as far as he knew, he said.
Newton County Sheriff Ken Copeland said Saturday night that Gonzales had been employed by the department for a total of about two years — first as a corrections officer at the jail for one year, then as a deputy for another year. Copeland said Gonzales’ last day was Wednesday. He said he could not disclose the reasons for Gonzales’ departure, citing personnel laws.
Efforts to reach Gonzales for comment Saturday night were unsuccessful.
McCracken said Neosho police forwarded the results of their investigation to the Newton County prosecutor last week. Charges were filed and a warrant issued for Gonzales’ arrest Thursday, according to online court records.
Copeland said that Gonzales turned himself in to county authorities and was arrested. He was free after posting a $10,000 bond.
A hearing date for Gonzales had not yet been set, according to court records. If convicted, he faces a sentence of up to seven years in prison and/or a $5,000 fine.
Officer Michael Hennessy Files Lawsuit Against City
Michael Hennessy, 52, is seeking back pay and the reinstatement of benefits he lost as a result of not reaching his ''performance standards,'' including no take-home car, overtime or off-duty details.
The lawsuit filed in Broward Circuit Court claims that two shift captains created a scheme to inflate arrest statistics -- often by arresting the homeless on misdemeanors -- and rewarded high-producing officers with off-the-books, paid days off.
The accusations were reported Monday by The Miami Herald.
William Amlong, an attorney representing Hennessy, said the quota system is dangerous.
''It's really making the community less safe because it is taking police officers away from their jobs on patrol,'' he said. ``This is both invading the rights of the homeless, who should not be victimized, and wasting taxpayer money.''
Fort Lauderdale police launched an investigation in July to look into Hennessy's claims after he filed a complaint to administrators.
The city is conducting a separate investigation.
Neither a department nor city spokesman would comment on the lawsuit Monday.
Hennessy, a patrol officer for nearly 23 years, claims that he was reprimanded in August for failing to meet his quotas -- one ticket per day and one arrest per month. He said a supervisor banned him from taking home his squad car and working overtime and off-duty details -- and threatened to fire him ''for having low statistics,'' the suit said.
Hennessy contends that over the past year, supervisors in the north district -- which includes parts of the beach, businesses along Federal Highway and the executive airport -- have implemented schemes to boost arrest and ticket numbers.
Among them: A ''scavenger hunt'' to see which officer could make the most arrests in and around Holiday Park, an area frequented by the homeless. The winning officer was rewarded with a $50 gift certificate to the movies, the lawsuit claims.
The lawsuit also claims that a point system was created to entice officers to increase productivity.
An officer earned 10 points for an arrest, five for issuing a notice to appear, three for filling out a field interrogation card and one for writing a ticket. Earn 70 points in one week and get a day off, unapproved by the city.
Hennessy said officers who took the time off were marked on schedules as being on-duty, but unavailable for service. Other officers were called in to replace them, potentially costing the city more than $460 in overtime pay per person, the lawsuit states.
Hennessy hopes the legal action brings about change.
''It's fraud. It's theft,'' Hennessy said. ``It needs to stop.''
NYPD Officers Sodomize Detainee with a Walkie-Talkie
Prosecutors in New York on Monday ordered a grand jury investigation into allegations that police sodomized a detainee with a walkie-talkie.
District Attorney Charles Hynes announced that "on the basis of preliminary conclusions of the early stages of my investigation ... I have ordered a special investigative grand jury to be empaneled."
Although police deny the claim, the allegation has whipped up controversy, with comparisons being drawn to a particularly brutal police rape incident 11 years ago.
The alleged victim, a body piercing salon employee named Michael Mineo, says he was held down in a city subway station and sodomized with an object he believes was a radio antenna, or possibly a truncheon.
Lawyers for Mineo, 24, say the incident took place October 15.
Mineo spent four days in hospital afterwards and last week returned to seek more treatment, the Daily News reported. However, his medical records have not been published.
Grand juries are used to decide whether there is sufficient evidence to proceed to indictment of a suspect. In many cases, prosecutors only go to a grand jury when they are reasonably sure of being able to proceed to a trial.
Police deny Mineo's accusations and say he was arrested in full view of the public after being caught smoking marijuana.
Investigators have seized the equipment of one officer for tests, but none of the officers allegedly involved has been suspended.
Despite those denials and the fact that there is no published physical evidence to support Mineo's claims, the issue is already explosive.
Activists against police brutality say the alleged incident recalls an officer's sodomizing of a 30-year-old Haitian immigrant with a broom handle in 1997.
The victim, Abner Louima, on Monday told the Daily News that "it does surprise me that this is happening 11 years after. We knew this was not something that's going to go away in one day."
Veteran black community leader Reverend Al Sharpton visited Mineo in hospital over the weekend and was quoted afterwards as saying that he found the story "compelling."
However, The New York Times reported important differences between the 1997 case and the recent incident.
Louima's rape took place in a police station, in contrast to the far more public setting of a subway station. Also, the earlier case had strong racial overtones, since the officers were white and the victim black.
In this incident, the officers under suspicion were of various races and Louima is white.
The prosecutor's decision to convene a grand jury also follows a bloody weekend on New York's streets.
Undercover police on Sunday shot dead two brothers following a shooting outside a nightlcub in the Brooklyn neighborhood.
Meanwhile, a New York mother reportedly confessed Sunday to beating to death her 11-year-old daughter, the New York Post reported.