Tuesday, February 03, 2009

Man Dies After Being Tasered by Deputies

A 45-year-old man died in west Stockton on Monday after he was Tasered by San Joaquin County Sheriff’s deputies.

Deputies were called to 2600 block of De Ovan Avenue on a report that a man was acting “crazy” and creating a ruckus, that he damaged property and stole a bicycle, said sheriff’s spokesman Les Garcia.

The victim was uncooperative and started to fight with deputies, the spokesman said, so they shot him with a Taser, which sends a jolt of electricity into a victims body.

When the Taser was “ineffective,” they physically subdued the man, and when it appeared he was having trouble breathing, they called an ambulance, Garcia reported.

The victim had stopped breathing by the time paramedics arrived, and though he was given CPR, he died at a local hospital.

Garcia said the death is under investigation, and an autopsy will be done to determine the cause of death. The spokesman said he does not yet know how many times the man was shot with the Taser, or if he was even hit with it.

“He had a leather coat on,” Garcia said. “I don’t know if the Taser was ineffective because of that. We don’t know if it came in contact with him.”

The use of Tasers is controversial because of their widespread use and the number of people who have died after having been Tasered.

Its manufacturer, Taser International, says more than 375,000 Taser devices have been sold to law enforcement since 1998, and says the guns are perfectly safe.

But Amnesty International has calculated that 290 people have died in North America since 2001 after being zapped by a Taser.

And a recent University of California, San Francisco study of 50 U.S. cities showed that in-custody sudden deaths increased six times in the first year after law enforcement started using stun guns compared to before their use, though the number of in-custody deaths fell in years following.

Garcia said a Taser is one of the tools deputies use “to help minimize injuries to deputies” and to the people they arrest.

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http://www.fox40.com/pages/landing_local_headlines/?Stockton-Man-Dies-After-Being-Tasered=1&blockID=203839&feedID=190

Officer Robert Creamer Arrested for Assault


ELIOT, Maine

A longtime patrolman with the Kittery Police Department and former school resource officer at Traip Academy was arrested over the weekend after allegedly assaulting a staff member at the Regatta Banquet and Conference Center.

Robert Creamer, 57, of Kittery, was arrested at 7 p.m. Saturday on allegations that he shoved one of the employees and then refused to leave the premises during a comedy show featuring Bob Marley.

Creamer was arrested by Eliot police after they responded to the banquet hall, located at the Eliot Commons, following a 911 call from staff regarding an "unwanted person."

He faces two misdemeanors, one charge of simple assault and one count of criminal trespass, which could result in fines and a possible year in jail.

According to Eliot Police Chief Ted Short, Creamer had been drinking alcohol during the show and after becoming disruptive was asked to leave by employees.

Short said Creamer was escorted out of the banquet center by staff after the alleged shoving and when he was later asked to leave several times by staff and police he became "argumentative."

It was for that alleged refusal to leave the premises that Creamer was charged with criminal trespass.

No one was injured in the physical altercation, Short said.

Following his arrest, Creamer was taken to the Eliot police station and released on $300 cash bail, with an arraignment date of April 9 at the York District Court.

Kittery Police Chief Ed Strong said Creamer has since been placed on administrative leave with pay pending an internal investigation.

Creamer has been with the Police Department since 1983, said Short, and was once the school resource officer at Traip Academy before his position was eliminated due to budget cuts.

Strong said he could not comment further on Creamer's alleged conduct because of the internal investigation.

Information: http://www.seacoastonline.com/articles/20090203-NEWS-902030395

Officer James Gaddis Accused of Robbing Bank Free on Bond

MURPHYSBORO, Ill.

A Carbondale police officer accused of robbing a bank is free on $1 million bond.

A Jackson County jailer says 26-year-old James Gaddis posted bond Monday afternoon.

He'd been jailed since his arrest last month with neighbor Anthony Fike. Authorities accuse them of robbing the First Southern Bank in Carbondale last October.

Authorities say two suspects wearing motorcycle helmets robbed the bank of more than $22,000 at gunpoint, then fled by motorcycle.

Police contend Gaddis made a bogus 911 call to divert police to a trailer park on the other side of town during the robbery. A prosecutor says investigators later recognized Gaddis' voice in the taped 911 call.

Gaddis is suspended without pay. Fike already has been free on bond.

School Resource Officer Jonathan Kelly Arrested for Theft


GREENACRES, Fla.

A Palm Beach County school resource officer is accused of helping himself to other people's property.

Jonathan Kelly was arrested Monday, accused of breaking into homes and cars, stealing credit cards and thousands of dollars worth of electronics.

"The officer has been with the district since 2002," school district spokesman Nat Harrington said of the former Delray Beach police officer. "He has a clean record. He was stationed and assigned to John I. Leonard High School, where he did a good job, so obviously these allegations are very shocking and very disappointing."

Kelly is accused of sending the stolen goods to a high school friend, who sold the loot on the Internet and then wired the money to Kelly. It was that friend who turned Kelly in.

The officer posted bond, but he won't be returning to school anytime soon. Kelly has been placed on administrative leave pending the outcome of the investigation, Harrington said.

"We have two officers at that school, so they will not lose their police protection," Harrington said. "We will likely reassign an officer to that school if and when needed to cover his duties."

More Information:
http://www.sun-sentinel.com/news/local/palmbeach/sfl-flpcoparrest0204pnfeb04,0,1790507.story

Judge James Peck Charged with Slapping His Wife

A federal judge charged with slapping his wife hired a big shot defense attorney as he faces a misdemeanor charge that could land him in the clink.

James Peck, 63, the bankruptcy judge overseeing the breakup of Lehman Brothers, hired Barry Bohrer, a prominent criminal defense lawyer whose clients have included Sam Israel, the hedge fund swindler who went on the lam last summer after faking his own suicide to avoid a 20-year jail term.

Peck, who was briefly assigned to handle the Bernard Madoff bankruptcy until he recused himself in December, told cops when they came to his Park Ave. apartment Saturday afternoon that "I was defending myself."

He said his wife, Judith Peck, 64, was late in returning to the city from their home in the Hamptons and then they argued over a ladder that she had put in his closet.

"I was moving the ladder out. She slapped me in the face," he told cops. "I put the ladder down and slapped her back. We slapped each other back and forth."

Then Judith Peck locked herself in a room and called 911. Police said she had "substantial pain" in the area of her jaw and was treated at New York-Presbyterian Hospital.

The judge was charged with attempted assault in the third degree, a B misdemeanor that carries a jail term of up to 90 days, and harassment, which is a violation.

"We've been married 42 years. We love each other very much. I've never hit her before. This was not about tonight. It was about complications beginning in October," Peck told a cop, without elaborating, according to court papers.

Criminal Court Judge Lenora Gerald released Peck without bail and told him that he could return to his home as long as he did not assault, stalk, harass, menace, intimidate or threaten his wife.

Monday, February 02, 2009

Feds Launch Investigation of Several LAPD Officers Accused of Lying

Federal authorities have launched a civil rights investigation into several Los Angeles police officers accused of lying under oath in a drug possession case that was dismissed last year when a videotape sharply contradicted their testimony.

An FBI agent and a federal prosecutor last week surveyed a Hollywood apartment complex where a security camera documented the 2007 arrest of Guillermo Alarcon Jr. by LAPD officers, according to an attorney who represents Alarcon in a civil claim against the Police Department.

An FBI spokeswoman confirmed the existence of the probe and said that Department of Justice officials in Washington, D.C., would ultimately weigh in on whether federal charges would be filed against the officers.

"We're investigating allegations that the defendant's civil rights may have been violated," said spokeswoman Laura Eimiller. She declined to provide further details.

Deputy Public Defender Victor Acevedo, Alarcon's defense attorney during last year's trial, said the FBI interviewed him about the case in December. He said that his client had been framed and that the officers deserved to face criminal charges.


"They have no business being police officers," Acevedo said. "Because they were willing to send an innocent man to prison, for what they did they should go to prison."

The officers have denied wrongdoing.

The federal investigation is but one of several probes into accusations that the officers committed perjury. The Los Angeles County district attorney's office has launched its own criminal investigation and the LAPD is conducting an internal affairs review of the case.

Luis Carrillo, Alarcon's civil attorney, said the FBI had yet to interview his client but that two district attorney's investigators and a prosecutor interviewed Alarcon about the case in August.

At Alarcon's trial in June, Officers Richard Amio and Evan Samuel testified that they were on patrol in Los Angeles when they chased Alarcon, 29, into his Hollywood apartment building. The officers told jurors that they saw him throw away a black object. They testified that Samuel quickly picked up the object and found about $260 worth of powder and crack cocaine inside.

But footage from a security camera at the apartment building, which is managed by Alarcon's mother, showed that officers searched for more than 20 minutes before an object allegedly containing cocaine was found.

They were aided by other officers, including Manuel Ortiz, who testified about the case at a preliminary hearing in January.

The quality of the tape, a copy of which was obtained by The Times, is poor and it is difficult to clearly hear what is being said.

But at one point, soon after the drugs were found, an officer seems to make a reference to the arrest report that needed to be filled out.

"Be creative in your writing," the officer appears to tell another after the discovery.

Acevedo argued at trial that his client was innocent and that the officers had planted evidence and then lied about it.

After viewing the videotape, Los Angeles County Superior Court Judge Monica Bachner dismissed the charges at the request of prosecutors. The judge also declared Alarcon factually innocent.

Ira Salzman, an attorney representing Samuel and Ortiz, said his clients testified truthfully in the case.

He said prosecutors had concluded that the tape was edited in two places to remove about 13 seconds of sound.

Salzman cautioned that he had yet to view a complete version of the video but said that he believed that the officers did pick up an object containing drugs but continued to search for more.

"They testified truthfully to the best of their ability," he said. "I believe that they're good officers and good men."

The video begins after Alarcon already had been taken into custody. But in the police report and during their testimony, the officers mentioned finding only one object containing drugs.

LAPD Cmdr. Rick Webb, who oversees the department's internal affairs group, said the agency's probe is continuing.

He declined to comment further, citing state laws that protect the privacy of police officers accused of misconduct.

Samuel, who left the LAPD and joined the Chino Police Department in February, was fired while on probation in Chino two weeks after The Times reported on Alarcon's case, a Chino spokeswoman said.

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http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/02/02/state/n021949S62.DTL&type=politics

Deputy Gregoire Morency Fired for Slapping Inmate

FORT LAUDERDALE, Fla.

A Palm Beach County Sheriff's Office deputy has been fired for allegedly slapping a teenage inmate in handcuffs and then lying about it to investigators.

Deputy Gregoire Morency had worked at the sheriff's office since November 2007.

According to investigators, Morency slapped the inmate in the face while transporting him in the county jail.

Sheriff's investigators said Morency lied about telling his sergeant about his use of force. Officials said he was also neglectful of his duties and used excessive force and profanity.

Another deputy was suspended for five days because he witnessed the incident but did not report the battery to supervisors or medical staff.

The 17-year-old is now serving five years in another facility on burglary and robbery charges.

Highway Patrol Sgt. Richard Davenport Indicted for Fondling Child Faces 2nd Trial

A Mississippi Highway Patrol master sergeant from Warren County under indictment for fondling a child in Oktibbeha County will face trial here Monday on the charge for a second time. Richard Dane Davenport, 45, of 407 Warren St., Vicksburg, was indicted by the Oktibbeha County Grand Jury on the fondling charge in January.

Judge Jim Kitchens will preside over Davenport’s trial in Oktibbeha County Circuit Court, which opens with jury selection at 9 a.m. today.

The charge stems from an incident on Sept. 23, 2007, in Oktibbeha County, involving a young boy under the age of 16, according to the indictments.

The local incident reportedly took place while Davenport was in town attending Mississippi State’s football game against Gardner-Webb University on the day in question. Information on the specific circumstances of the incident — including the time of day and location where it occurred — have not been made public.

Brandon Ogburn and Jean Vaughn with the Mississippi Attorney General’s Office are prosecuting the case since Davenport is a state employee and since he is charged with offenses in two counties. Attorney John Zeibst of Lawton, Okla., is defending Davenport.

In Davenport’s first trial in October 2008, Kitchens was forced to declare a mistrial based upon the improper admission of a character evidence, though he found that the error was invited by Davenport’s attorneys.

Zelbst’s opening statements in the case were interrupted twice by potential witnesses, including the reported victim. These interruptions, however, were not what led to the mistrial.

Prior to the start of the trial, Kitchens had ruled that testimony related to Davenport’s alleged rape of the victim was inadmissible.

During the prosecution’s case, the victim, 15, was called to the stand, and, while answering questions under cross-examination from Zelbst, the victim referred to being raped by Davenport three separate times.

Zelbst then moved for a mistrial, which Kitchens granted, though he stated the defense attorney’s “not well-crafted” questions “invited the error.” Family members said Zelbst purposely elicited the testimony to get Davenport’s case thrown out.

Davenport also faces nine similar charges in Warren County stemming from incidents alleged to have occurred between October 1999 and August 2007. A mistrial was also declared in Davenport’s Warren County trial in September 2008. Jurors deliberated for about four hours in that case before reporting back to the judge they were deadlocked and could not reach a verdict. He faces a second trial in Vicksburg on May 11.

Davenport remains on administrative leave with the MHP until the charges against him are resolved.
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http://www.wxvt.com/Global/story.asp?S=9772451

Video of Excessive Force Shows Different Verison of What Happened

From the video captured by two Millville Police car dashboard cameras, emerge two very different versions of what happened in the pre-dawn hours of February 3, 2008.

The just-released video is at the center of a lawsuit in which Sheila Stevenson, 42, claims she became the victim of excessive force, after then-Millville Police Officer Carlo Drogo pulled her over for illegally riding her bicycle on a sidewalk.

In the course of trying to handcuff Stevenson, the video shows Drogo as he sprays himself in the face with pepper spray and she appears to push him. Drogo then appears to knock Stevenson to the ground to subdue her. Drogo is seen, seemingly doubled over in pain, as other officers arrive.

“I am not doing nothing,” Stevenson screamed on the video.

“Put your hands behind your back,” one of the other officers ordered.

“Can you not do this? I’m not doing nothing! I’m not doing nothing,” she wailed.

Seconds later, Drogo approaches Stevenson again and appears to punch her four times.

“Why are you hitting me? You’re hitting me! Why are you hitting me?” Stevenson cried out. “Why did you hit me and I’m handcuffed?”

Stevenson was eventually led away by officers and put into a police cruiser. She was later convicted of resisting arrest.

Stevenson’s civil suit, filed in Cumberland County Superior Court in December, names Drogo, other Millville Police officers and the city of Millville as defendants.

READ: Stevenson’s Civil Suit Complaint

Stevenson’s lawyer would not comment on the case, nor would Millville’s Police chief, citing pending litigation.

Drogo resigned from the police department in October for undisclosed reasons. He would not talk with NBC 10 News on-camera, but issued a statement in which he stood by his actions and called Stevenson’s allegations a distortion of the facts.


Drogo also insisted the arrest was lawful and described Stevenson’s lawsuit as frivolous.

Meanwhile, there’s now a warrant out for Stevenson’s arrest on drug possession charges, stemming from her encounter with police that was caught on camera.

Sunday, February 01, 2009

Google Error Sends out Warning

If you recieved this warning while trying to visit my site, please ignore message....This site WILL NOT harm your computer in any way. If you do have a problem with my site, please feel free to contact me at fukitsacoldworld@yahoo.com.

Thank you all, and enjoy the site.
Have a nice day!! & Stay Safe!!!

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Google’s Internet search service malfunctioned for nearly 55 minutes on Saturday morning, upending users around the world with search results that carried false safety warnings and Web links that did not work.

The company acknowledged Saturday that all searches produced links with the same warning message: “This site may harm your computer.” Clicking on any of the links led to an error message stating that the desired site could not be reached.

“What happened?” Google explained in its blog. “Very simply, human error.”

Google said it periodically updates its list of sites suspected of carrying dangerous software that could harm computers, and that Saturday morning a Google employee mistyped a Web address for one such site, causing all sites to be flagged harmful.

There was some momentary tension when Google seemed to imply that the glitch was caused by StopBadware.org, the company that helps Google determine which sites are unsafe. Google later posted a statement that took the blame for the error.

“We have a good ongoing relationship with StopBadware.org,” a Google spokesman, Gabriel Stricker, said in a telephone interview. “In our post, we tried to clarify our role in this error.”

Google is not known for glitches, but there have been other recent ones. Google Maps had a software glitch last month that sent drivers trying to get to different points within Staten Island, specifically zip codes 10302 and 10308, on a 176-mile detour to Schenectady instead.

The glitches in Google Maps and Google search were unrelated, Stricker said. As for Saturday’s search engine failure, he added: “Our Web search is extremely reliable, and that’s why when an interruption occurs, even if it’s for a matter of minutes, for a Saturday morning, people notice it.”
http://www.ajc.com/news/content/news/stories/2009/02/01/google_error_warning.html?cxntlid=homepage_tab_newstab&imw=Y

Former Officer James Gaddis Also had Plans to Burglarize Police Chief's Home

MURPHYSBORO

A Carbondale Police officer planned to burglarize the home of former Police Chief Bob Ledbetter and other Carbondale residences on the department’s
House Watch list before he was arrested, a detective testified Friday.

Detective Mike Ryan of the Jackson County Sheriff’s Department said Officer James D. Gaddis revealed the plan to him nearly two hours after Gaddis was arrested in connection with the Oct. 9 armed robbery of First Southern Bank on Murphysboro Road in Carbondale.

The testimony came at a preliminary hearing for Gaddis at the Jackson County Courthouse Friday.

Gaddis has not yet entered a plea in response to the charges.

Interim Chief Jeff Grubbs said active officers have access to the list, which includes homes whose occupants will be absent for reasons such as vacations.

Grubbs said additional precautions have been taken to maintain security at homes on the list. None of the homeowners on the list have reported burglaries, he said.

Patrol officers check homes on the list three times a day until residents return, said Officer Randy Mathis, the department’s community resource officer.

Grubbs said he has complete confidence in the officers who still have access to the list, and that Gaddis’ actions should not reflect the entire department.

“Police put a positive spin (on the case) and put one of its own to justice,” he said.

Ledbetter did not return phone messages left Friday and Sunday.

Ryan said Gaddis confessed to planning the robberies because he was concerned for his family’s safety.

Ryan said Gaddis saw his neighbor, Anthony M. Fike, 35, of Murphysboro, sell drugs to an individual with a gun.

Before Gaddis’ preliminary hearing, Fike pleaded not guilty to the charge that he was the second suspect in the bank robbery. Fike turned himself into police Jan. 15 and has been released on bond.

Gaddis remains in Jackson County Jail on $1 million bond.

Ryan said Fike and Gaddis also planned to rob banks in Ziegler and Royalton, Gaddis’ hometown where he graduated high school as valedictorian.

The two men began discussing the robberies after seeing each other struggling to pay their water bills at Murphysboro City Hall, Ryan said.

Lt. Paul Echols, who heads the Carbondale Police Department’s investigations, said dispatchers received a 911 call 10 minutes before the First Southern Bank robbery. The caller identified himself as someone who had been stabbed and was being chased by a gunman. Echols said most of the police officers on duty responded to the call, but “no one was ever found.”

Carbondale detectives noted that the voice on the 911 call sounded similar to Gaddis, Echols said. The call, which was made by cell phone and lured most officers on duty to the opposite side of town from the bank, was traced to where Fike said he and Gaddis met before the robbery, Echols said.

Following the robbery, Echols said he viewed the bank’s security footage and could see part of one suspect’s face.

“The eyes and eyebrows were consistent to those of Jim Gaddis,” Echols testified.
Echols said he became more suspicious when he noticed the weapon used by the suspect, a Glock 22, was the same handgun model police officers carry.

Ryan said Gaddis confessed to using his service weapon in the robbery.

Of the $22,800 stolen from the bank, nearly $4,000 was recovered from Fike’s home, Ryan said. Gaddis had taken the money to a casino, where he exchanged it for unmarked bills, Ryan said.

A hearing to set a trial date is scheduled for 1:30 p.m. March 11.

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Other Information: http://www.southernillinoisan.com/articles/2009/02/01/front_page/27968896.txt
Previous Information: http://whathappenedtoprotectandserve.blogspot.com/2009/01/officer-james-gaddis-neighbor-rob-bank.html

One Million Dollars Paid to Handcuffed Man Kicked in the Face by the Police

The Hawthorne Police Department paid One Million Dollars to a Settle Lawsuit in which it was alleged a man was kicked in the face while handcuffed and then falsely prosecuted along with his wife to cover up the brutality. Evidence the plaintiffs were prepared to present at trial included a photograph of an officer appearing to kick the handcuffed plaintiff in the face and a surveillance video allegedly depicting officers high-fiving each other as the injured plaintiff suffered from a broken jaw.

After approval by the City Council, Hawthorne paid $1,000,000, (one million dollars) to settle Goodrow v. Hawthorne Police Department, Case No. CV- 07-5253 (VBV), on the eve of trial in United States District Court, Central District of California, the Honorable Judge Valerie Baker Fairbank presiding.

Officers Ian Elliot, Thomas Heffner, Melanie Newenham, Renee Descant, Jeffrey Salmon, David Gregor and Jailer Darnell Wallace were among defendants named in the lawsuit. The plaintiffs Anthony Goodrow and Karla Henriquez Goodrow sued the Hawthorne Police Officers for alleged deprivation of their civil rights resulting from excessive force, denial of medical treatment and malicious prosecution, stemming from an incident that occurred at a party on July 21, 2006.

On July 21, 2006, the Hawthorne Police Department received a loud noise complaint. Plaintiffs contend that in shutting down the party, officers beat plaintiff Anthony Goodrow, handcuffed him and then continued to beat him. It was further alleged that while Mr. Goodrow was handcuffed and face down on the cement, an Officer kicked Mr. Goodrow in the face breaking his jaw. Mr. Goodrow alleged he was arrested and taken to the jail instead of the hospital causing a delay in medical treatment. The wife of Mr. Goodrow, Karla Henriquez Goodrow, alleged she witnessed part of the beating and screamed for officers to stop. She alleged they arrested her and falsely charged her with public intoxication.

The Goodrows were then prosecuted in criminal court. Ultimately the criminal charges against Mr. Goodrow were dismissed. The case against Mrs. Goodrow proceeded to trial and she was acquitted. After the acquittal the Goodrows filed a federal lawsuit against the officers for deprivation of civil rights, excessive force, malicious prosecution and denial of medical treatment.

Attorney's Glen Jonas and Christopher Driscoll (from the law firm of Jonas & Driscoll L.L.P.) litigated the civil action to its successful conclusion. Todd Melnik was the attorney who successfully defended the plaintiffs in the original criminal matters, enabling the firm of Jonas & Driscoll to litigate the civil rights action against the defendant police officers.

In April 2008, the law firm of Jonas & Driscoll L.L.P. attained a $4.5 million dollar jury verdict against Bell Gardens Police Officers. In July 2009, Jonas & Driscoll L.L.P. will bring to trial L.A. County Sheriff's Deputies accused of viciously beating Deon Dirks.

Saturday, January 31, 2009

Officer Steven H Lepre Arrested for Possession of Steroids


NEW YORK

A Long Island police officer has been arrested after his colleagues said he had steroids illegally.

Suffolk County Police Officer Steven H. Lepre (luh-PRAY') was arrested Saturday on a charge of fifth-degree criminal possession of a controlled substance.

His telephone number is unpublished, and police aren't certain whether he has legal representation.

Police say the 13-year veteran had been on extended sick leave and was assigned to the department's medical evaluation section. The 43-year-old has been suspended without pay.

He is due to be arraigned Sunday on the felony charge. Police could not immediately say what potential punishment it carries.

The New York Police Department plans to begin random steroids testing of its 36,000 officers in July.


Former Officer George Adymy Faces More Charges

A former Hamburg police officer who received a break from a federal judge after a 2005 child pornography conviction is back in legal trouble.

George A. Adymy, 50, of Hamburg, faces the possibility of more prison time because of a recent driving while intoxicated arrest, the U. S. Attorney’s office said on Friday.

Adymy — who is under supervised release, monitored by federal probation officers — was arrested by state police after a Jan. 9 traffic accident on the Thruway in West Seneca, according to court papers.

Police said Adymy’s car struck another vehicle and then crashed into a guard rail. A Breathalyzer test showed Adymy’s blood alcohol level at 0.19 percent, well above the legal limit for drivers, prosecutor Gregory L. Brown said.

In May 2005, District Judge Richard J. Arcara sentenced Adymy to one year in prison for felony possession of Internet child pornography. The judge noted at the time that he gave Adymy a major break, because advisory sentencing guidelines called for a prison term of more than three years.

Brown said Adymy completed his federal prison term in July 2006. The former police officer has been under the supervision of federal probation officers since then, and the alleged DWI crime is a violation of his supervised release.

If convicted of the supervised release violation, Adymy could be sent back to federal prison for three months or more, authorities said.

Adymy was apologetic when he appeared before Arcara on Friday, and the judge ordered him to be confined to his home with an electronic ankle monitor until further proceedings in the case.

Arcara also ordered Adymy into an alcohol abuse treatment program.

Out of County Judge to Rule Monday if Judge Jesse Harris will Face Trial


TULSA

An out-of-county judge indicated Friday that he will rule Monday on whether Tulsa County District Judge Jesse Harris must face trial on a charge of exposing himself to two women in a Tulsa parking lot.

That timetable could be affected by the arrest of a defense witness after Harris’ preliminary hearing recessed Friday. The woman was arrested on a warrant issued when she failed to testify.

Harris, 54, was charged in April with two felony counts of indecent exposure.

He has denied allegations that he exposed his penis on March 9 to two women outside a hotel in the 8200 block of E Skelly Drive.

Osage County District Judge M. John Kane IV, who has presided over a prolonged preliminary hearing that began Oct. 2, said he would issue his ruling Monday.


Witness a no-show

The arrested woman, Rosa Luevano, was a cleaning worker who saw the people in the parking lot and is a "critical witness,” defense lawyer Allen Smallwood said.
After her arrest Friday, she was released on a personal recognizance bond and an electronic monitor, with instructions to report Monday afternoon to the offices of a law firm involved in the case.

The defense indicated near the close of Friday’s session that it had no more witnesses to call at the hearing, but that was before the woman’s arrest.

Harris has not testified.

Defense lawyers maintained that Washington County prosecutors overcharged Harris in April when they filed two counts — one count involving each woman — for a single alleged act.

Kane said that if the case moves beyond the preliminary hearing, it will proceed as only one count.

One of the accusers is Kalisha Nolen, identified as a former girlfriend of Harris’. She testified in October and was called to the witness stand again Friday.

The other accuser was sentenced to prison in July on two felony DUI charges.

During an argument Friday, Smallwood urged Kane to make a determination regarding the credibility of the two accusers and to find that the evidence is lacking to send Harris to trial.

Smallwood described the women as "two desperate individuals” — one who was desperate to stay out of prison and the other desperate for attention.


Credibility cited


Washington County District Attorney Rick Esser, who was assigned to handle the Tulsa County case, asserted that the issue of credibility is a trial issue. Esser contends that the prosecution’s evidence is enough to take the case to trial.

During questioning by defense lawyer Joel Wohlgemuth, Nolen acknowledged that she appeared in a "PeePee Pals” video produced in Nashville in 2007.

That video, which can be accessed on the Internet along with other PeePee Pals productions, features characters discussing urination.

Nolen portrays a character named Samantha, who tests a male character’s resolve "in the further exploration into the world of PeePee Pal bonding,” according to a video synopsis.

Wohlgemuth said the PeePee Pal video is "sick and perverted.”

Nolen said the video was funny and not "dirty.”

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http://www.kjrh.com/news/local/story/Judge-to-make-ruling-in-case/5LcS23YUjUqLnoJx5aEZ_w.cspx

Former Officer Brian Hinkel Charged with Aggravated Assault


FRANKLIN

Attorneys for a former police officer charged with aggravated assault on a state trooper said Friday their client did not reach for a loaded weapon as alleged.

Rosemont Avenue resident Brian Hinkel is free on $10,000 cash bail on charges of aggravated assault and aggravated assault on a law enforcement officer. Police seized a massive cache of guns and ammunition from Hinkel's property -- an arsenal state police said is the largest they've ever seen.

The cache included 259 weapons, a live grenade, about 500,000 rounds of ammunition, gunpowder and military items.

Vineland attorneys Joseph O'Neill and Charles Coant are representing the former Vineland police officer.

O'Neill said the idea of a former police officer deciding to pick up a gun in the presence of armed troopers makes no sense.

"He emphatically denies all that," Coant said. "He said he just got the coat and never pointed the weapon at anyone. It would be asinine as a former police officer. The trooper would have been armed and he wouldn't have done it."

Hinkel's legal problems started Monday when troopers went to his house to bring him in for questioning about burglaries in Salem County.

State police say Hinkel asked for a moment to get a jacket and in the process picked up a loaded weapon from a kitchen table. Troopers say they wrestled the gun away from him.

"I believe what our client has told us," O'Neill said. "Normally, we don't accept what our client tells us until we have testimony from the other side and then we confront our client with it."

Troopers have spent most of this week searching the house and property after discovering the large store of weapons and munitions.

State police are in the process of investigating whether the weapons found are legally in Hinkel's possession.

"That's going to be an extensive search," state police spokesman Sgt. Julian Castellanos said Friday.

Castellanos said there have been no developments in the case.

O'Neill said authorities still were at the Rosemont Avenue property on Friday.

He said he has not discussed with Hinkel the reason for the collection or whether the weapons were properly obtained. His firm wants to see the state's list of evidence first, he said.

"The search warrants apparently were obtained on the basis of this allegation that he attempted to pull a gun," O'Neill said, calling it another reason to doubt the charge against Hinkel.

"If there is something wrong with having weapons, why would he be drawing attention to the weapons by pulling a gun?" he said.

What led state police to Hinkel was the arrest last week of a Williamstown man in connection with a Jan. 15 burglary at an Upper Pittsgrove farm.

Anthony D'Alessandro, 42, was arrested in Malaga in a motor vehicle stop and charged with burglary and theft.

Another man, identified as Peter Monteleone Jr., was traveling with D'Alessandro but escaped on foot. Monteleone, 42, of Folsom, is still missing.

O'Neill said he has not asked Hinkel about the two men.

"We will not talk to Brian until after we get discovery," O'Neill said. "Otherwise, we'll be asking him stuff that may or may not be true."

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http://www.pressofatlanticcity.com/182/story/389379.html

Officer Paul Cervantes & Detective Hector Becerra Arrested for Auto Theft

Fresno, CA

Two Fresno police officers arrested for auto theft have posted bail. Officer Paul Cervantes and Detective Hector Becerra were arrested Friday by the California Highway Patrol. Fresno Police Chief Jerry Dyer says the arrests stem from an investigation that occurred over the last several months by the HEAT (Help Eliminate Auto Theft) Task Force. HEAT is compromised of several agencies including CHP and the Fresno Police Department. Chief Dyer says Cervantes and Becerra turned in their badges before the CHP took them into custody Friday.

"I'm deeply concerned over the fact that I've had two of my officers arrested and charged with auto theft," said Dyer, who is also aware additional officers may be arrested for a crime. According to the Police Chief, a total of four Fresno Police Detectives are under investigation, including 32-year old Cervantes and 33-year old Becerra. Dyer and the CHP offered no other information. "We don't have the details on what led up to the issuance of the arrest warrant" said Dyer. "But, what we do know is that back in October of 2008 our HEAT Unit began an investigation and that investigation was involving one of our undercover officers who had a business on the side, it was an auto-body business. There was information regarding stolen parts going through that business." Dyer says that investigation was conducted and completed, but four additional names were mentioned during an Internal FPD investigation. As a result, Dyer says Cervantes and Becerra were arrested, the other two are still on the police force.

Dyer says it's important for his department "not to rush to judgment". On Friday he sent out a recorded voicemail to all of his officers. "I just want them to know that regardless of the negative publicity this will bring our department, that it's important that our employees hold their head up high and recognize we have a very professional, first class organization."

The Fresno County District Attorney is reviewing the case and will decide on Monday whether to charge Cervantes and Becerra with auto theft; both Detectives were assigned to the Major Narcotics Unit. They remain on paid administrative leave.
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http://www.ksee24.com/news/local/38740317.html

Former Reserve Officer Brian Livingston Arrested for Sex Abuse


TURNER, Ore.

A former reserve police officer in Turner has been jailed on sex abuse and official misconduct charges.

Until he resigned this week amidst the allegations, Brian Livingston worked as a reserve officer in Turner since 1999. On Friday, he was booked into Marion County Jail on charges of second-degree sexual penetration, three counts of first-degree sex abuse and official misconduct.

The Turner Police Department has not commented on the charges. Police only said the alleged crimes didn't happen while Livingston was on duty.

However, police said the misconduct charge stems from Livingston downloading pornographic material onto his work computer.

Jason Mink, who lives in Turner and said he knows Livingston, responded to the allegations.

"Where there's smoke, there's fire. Somebody had to come forward and say something," Mink said. "I don't know exactly how he was caught, but where there's smoke, there's fire."

Investigators have released no other details in the case.

Livingston is expected to appear in court on Feb. 10.

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http://www.statesmanjournal.com/article/20090131/NEWS/901310316/1001

Officer Thomas Jones Arrested for Domestic Violence

BOYNTON BEACH, Fla

Boynton Beach police Officer Thomas Jones was arrested by his own department Saturday morning on charges of domestic violence. This is the second time Jones, 30, has been in trouble with law enforcement, according to Boynton Beach police spokeswomen Stephanie Slater.

Jones is charged with felony battery or domestic violence with strangulation and battery and was booked into the Palm Beach County Jail. He has been suspended with pay, Slater confirmed.

In October 2001 Jones was suspended for three weeks by then Police Chief Marshall Gage after Jones injured a fellow officer in a car crash at 3a.m. while the two were off-duty. An internal investigation concluded Jones should have been arrested after the incident. In this case Jones' blood alcohol level was not taken until 1 1/2 hours after the crash and registered 0.9. Florida law states a person is considered drunk if they have a with blood alcohol level of 0.08 percent or more. Prosecutors did not file charges citing insufficient evidence, it was reported.

Other Information: http://www.sun-sentinel.com/community/news/boyntonbeach/sfl-flpcop0201pnfeb01,0,5101807.story

Officer Jimmy Lee McBee Arrested for DUI


BROKEN ARROW

A Broken Arrow police officer was arrested early Friday on a misdemeanor complaint of driving under the influence of alcohol.

Jimmy Lee McBee is on paid administrative leave pending an investigation, Maj. Mark Irwin said Saturday. McBee has been with the department for two years, Irwin said.

McBee was arrested at about 1:15 a.m. in the 1000 block of North Aspen Avenue, accoring to an arrest and booking report. He was booked into the Broken Arrow Jail at 2:17 a.m. with bond set at $594.

Broken Arrow police provided few details about the arrest, releasing only the arrest and booking report with information redacted, including McBee’s age.


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Trial Date Set for Former Officer Scott Nugent Accused of Killing Man with Taser

A July trial date was set Friday in the case of a former Winnfield Police officer accused of killing a man with a taser stun-gun while the man was still in police custody.

Attorneys for both Scott Nugent, the former Winnfield officer, and the state met with Judge John R. Joyce on Friday and set a trial date of July 13.

A deadline of March 26 for all motions has been set.

Joyce was appointed by the Louisiana Supreme Court to hear the case as Judge Jacque D. Derr recused himself as he's been "associated" with defendant Officer Scott Nugent on "several occasions."

Nugent has been charged with manslaughter and malfeasance in office in connection with the death of Barron "Scooter" Pikes.

Nugent, whose firing from the Winnfield Police Department was upheld by the Civil Service Board, is accused of shocking Pikes nine times with a 50,000-volt Taser within 14 minutes. Those shocks were made while Pikes was handcuffed and in police custody in connection with a drug possession warrant in January 2008, officials said.

Winn Parish Coroner Dr. Randy Williams has said Pikes did not have PCP or cocaine in his system as officers alleged, and Pikes, whose cause of death was listed as cardiac arrest on the death certificate, may have already been dead before the last two Taser shocks.

Nugent's attorney Phillip Terrell has said he is confident Nugent will be found innocent once all the evidence is presented. If convicted of both charges, Nugent faces up to 45 years in prison.

The family of Pikes filed a wrongful death lawsuit last year against not only Nugent but also the city of Winnfield, the mayor, City Council, police chief and other officers on the force, in addition to Taser International Inc. -- the manufacturer of the stun gun device Nugent used.

Lt. Billy Smallwood Charged with Using Fake Identity to Access Database

A Memphis police officer who was arrested on theft and misconduct charges turned in his badge Friday.

Ravell Slayton, 36, had been placed on paid leave Thursday, along with another officer who was arrested in a separate investigation.

That officer, Lt. Billy Smallwood, 45, remains with the police department pending an administrative hearing.

Slayton quit before his administrative hearing, which had been scheduled for 3 p.m. Friday.

He is believed to have participated with his brother and another man in a stolen-property scheme.

Acting on a tip, undercover officers sold Slayton three 52-inch TVs he believed were stolen, police said.

He also told investigators he sat in uniform in a marked squad car outside a house where his brother sold drugs more than 50 times.

A Shelby County grand jury indicted Slayton on two counts of official misconduct, one count of theft and another count of attempted theft. If convicted of all charges, he could face up to two years in prison.

A federal grand jury charged Smallwood with using a fake identity to access Tennessee Bureau of Investigation and FBI databases, then selling personal information to a third party.

He's charged with three counts of wire fraud, one count of creating a false document in a matter within FBI jurisdiction and another count of computer fraud.

Related Post: http://whathappenedtoprotectandserve.blogspot.com/2009/01/officer-ravell-slayton-arrested-for.html

Officer Sean Regele Arrested for Hitting Woman in Head with Beer Bottle

HOLDEN

A part-time police officer has been suspended for allegedly assaulting a woman at a Worcester, Mass. bar.

Holden officer Sean Regele was arrested Friday morning at Leitrim’s Pub after police said he struck a woman in the head with a beer bottle. Police said the woman was not seriously injured.

Regele pleaded not guilty Friday and was released on personal recognizance.

Holden Police Chief George Sherrill said Regele has been suspended without pay while police review the case.

The 24-year-old Worcester resident has been a part-time officer for the Holden Police Department for four months.

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Information from: http://www.myfoxboston.com/dpp/news/013009_Off_duty_officer_allegedly_hits_woman

Deputy Scott Nelson Fired After Being Arrested for Battery

A Bossier sheriff's office deputy was fired Friday following his arrest by the Shreveport Police Department.

Scott Paul Nelson, a three-year veteran of the Bossier sheriff's office, assigned to the Corrections Division, was arrested by the Shreveport Police Department after being involved in a fight in Fat Cats night club in the 3000 block of Youree Drive earlier that day.

Nelson, 37, of the 200 block of Young Road in Benton, was charged with simple battery and illegal possession of a firearm, a .45-caliber handgun.

"The law enforcement profession requires its men and women to be subject to a higher standard of behavior," Deen said. "In this case, the behavior did not meet the standards of the Bossier sheriff's office."


More Information: http://www.ksla.com/Global/story.asp?S=9761341&nav=0RY5

Officer Paul T Vera Charged with Pointing Weapon

New London

A 22-year veteran of the Connecticut State Police was arraigned Friday in New London Superior Court on charges that he allegedly barged into his ex-girlfriend's apartment and pointed a gun at her boyfriend.

Paul T. Vera, 44, of 31 Shore Road, Waterford, was charged with second-degree threatening, third-degree criminal mischief and second-degree criminal trespass.

State police spokesman Lt. J. Paul Vance said Vera has been placed on administrative duty, where he will have no contact with the public, since the incident was reported in November.

The state police is conducting its own internal investigation. Vera could not be reached for comment.

According to the arrest warrant, Groton Town police received a complaint Nov. 9 that Vera, the ex-boyfriend of the complainant's girlfriend, barged into her apartment and into the bedroom in “full battle rattle,” dressed in dark-colored police fatigues with police patches on the chest and arm.

Vera then allegedly pointed a handgun at the complainant's waist and yelled to his ex-girlfriend, calling her “an (expletive) whore,” before leaving the apartment.

Vera's ex-girlfriend also told police Vera entered the apartment with something black in his hand that he was pointing at her and a man, the warrant said.

Vera, who was interviewed Nov. 9, said he had been in an on-and-off relationship with the woman for about two years. They lived together, and she moved out of his house.

Vera told police that on Nov. 8 he asked his ex-girlfriend if she was in a relationship with another man, and she denied it. The next day he tried calling her at 3:30 a.m. and got no response, so he got dressed in a grey T-shirt, blue running pants and sneakers and went to her apartment.

When he got there, he walked to the sliding glass door and noticed that the slider was slightly open and some of the blinds were outside of the porch. He knocked on the door and got not answer.

Vera told police he entered the apartment because he was concerned, and could hear her having sex with someone, so he “barreled” through her bedroom door. According to the warrant, Vera admitted calling the woman “an (expletive) whore” before leaving the apartment.

On his way out of the apartment, he said he took her phone so he could check her calls and text messages. He denied having any firearms with him.

In the warrant, Vera said on his way home he heard over a radio broadcast that Groton Town police were looking for him, and he said he immediately called the on-duty supervisor.

After being reinterviewed the next day, Vera's ex-girlfriend came to police headquarters a few days after the incident to recant her statement, the warrant said. She told police that in the past Vera would come to her apartment late at night through her sliding glass door.

She said she couldn't really see what Vera was wearing and felt her boyfriend was influencing her recollection of the incident because she was drunk, the warrant said. She became suspicious of her boyfriend's behavior when he told her he had retained an attorney and was going to sue the state.

”He told her that they would each win $12 million after paying the attorney $3 million,” the warrant said.

At Vera's arraignment Friday, Judge Michael Frechette issued a protective order prohibiting Vera from having contact with the two alleged victims and from possessing guns.

Defense attorney William T. Koch Jr. asked the judge to consider imposing a “no contact order” rather than a protective order, given Vera's 22 years as a state trooper and lack of a criminal record.

The judge denied the request and continued the case to Feb. 5. Kevin Dunn, a domestic violence attorney for the Chief State's Attorney's office, will be prosecuting the case.

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http://archive.theday.com/re.aspx?re=29391aa0-41bf-45a0-8933-d4310a8c577f

Officer Linda Coulimore Accused of Stealing Medication from War Veteran


MEAD


Authorities say a woman accused of stealing dangerously strong pain medication from the hospital room of an Iraq war veteran was a police officer, injured twice in the line of duty.

The Weld County Sheriff's Office says it arrested 59-year-old Linda Coulimore at her Mead home without around 10:40 p.m. Friday.

The Denver police says Coulimore saw her picture in a paper and called police.

Our partners at The Denver Post report she has wrestled with pain and painkillers for years.

She was being held for investigation of aggravated assault on an at risk adult. She posted bail Saturday.

Denver Police released surveillance photos of Coulimore on Thursday as she stole narcotics in a pump which police say "must not be used without a doctor's care" and could be fatal if used improperly.

Police say she took the pump from Presbyterian Saint Luke's Hospital, located at 19th and Franklin Street, around 10:30 a.m. Wednesday.

"This was a bold theft of pain medication we acted on immediately," said Presbyterian/St. Luke's President and CEO Mimi Roberson. "P/SL staff quickly notified security and the Denver Police Department. Our extensive security system showed the female struck rapidly and was in the patient area for less than three minutes."

The veteran, a Marine, was in the hospital recovering from surgery. Roberson says he was not injured and was "doing well."

Detectives continue to assemble their case, which they plan to present to the Denver district attorney, who will consider filing formal charges.

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Friday, January 30, 2009

Former Officer Norman Wesley Berry Charged with Stabbing Man & Stealing Marijuana

Prosecutors charge that a former St. Paul police officer stabbed a man he accused of stealing thousands of dollars' worth of marijuana from him.

Norman Wesley Berry, 52, is charged with second-degree assault and fifth-degree possession of marijuana. He resigned from the St. Paul Police Department in 1993 after he was suspended for assaulting a teen during the Hmong New Year celebration.

In the current case, the Ramsey County attorney's office alleges that Berry told someone he was currently an officer and that the victim told police he was afraid of Berry because he knew he used to be an officer.

Berry is under arrest in Stockton, Calif.

The criminal complaint, filed Wednesday in Ramsey County District Court, gives this account:

On Nov. 19, a St. Paul police officer received information from a confidential informant about a marijuana-growing operation at Berry's home in the 900 block of Fuller Avenue. Police searched the home Dec. 11 and found 6.5 ounces of marijuana and "what was left of a marijuana grow operation," the complaint said. "It appeared that Berry had dismantled the grow operation and was no longer living in his residence."

On Dec. 3, police were called to the 1000 block of Carroll Avenue about a man who had been stabbed. Courtney Allen Bivens, then 26, was "bleeding profusely" from his forearm, the complaint said.

Bivens told police he had gone to the Jimmy Lee Recreation Center, 1063 Iglehart Ave., to play basketball and was confronted by a man he identified as Berry. Berry accused Bivens of breaking into his home and stealing $3,200 worth of marijuana from him. Berry told Bivens to get into his vehicle or he would kill him.

Bivens said he walked with Berry toward his vehicle "and was afraid to run away because he knew Berry, an ex-St. Paul police officer, sometimes carries a 9mm handgun and was afraid Berry would shoot him," the complaint said.

Berry told Bivens to get in the trunk, but Bivens refused. Bivens punched Berry to get away. Berry pulled out a kitchen knife and slashed at Bivens, cutting his arm several times. Bivens ran to a friend's home and called police.

Bivens was taken to Regions Hospital and treated for at least five cuts to his arm. One had cut the ligaments in his hand. He has had several surgeries to restore use of his hand and fingers.

Police later showed Bivens a photo lineup, and he identified Berry, saying he was "110 percent sure" he was the man who had stabbed him, the complaint said.

Bivens denied breaking into Berry's home. He told police he knew Berry grew and sold marijuana because his cousin helps Berry with the grow operation. Bivens also said he helped a female friend move out of Bivens' home three to four months ago and she commented about Berry having "a lot of weed" in the basement, the complaint said.

Bivens told police he heard Berry was "robbed" Nov. 28.

On Nov. 29, Berry went to Bivens' workplace looking for him, Bivens told police. Berry identified himself to Bivens' manager as a St. Paul police officer and said he was looking for Bivens because he had been involved in a robbery.

Sgt. Paul Schnell, St. Paul police spokesman, said Berry has "zero affiliation" with the police department. "Any representations he made about being a police officer are clearly wrong," he said.

Police verified Bivens' account by viewing surveillance video from Bivens' employer. They also spoke with Bivens' manager, who said Berry identified himself as a St. Paul officer. The manager told Berry she didn't know where Bivens was.

Officers went to Berry's home and couldn't find him. They also went to the Greenway Liquor Store in Minneapolis, where Berry worked. The owner told them Berry called Dec. 4 to say he couldn't work that weekend and that he hadn't heard from Berry since.

Police spoke with people Berry had contacted after Bivens was assaulted and learned Berry had "asked them to pack up his things, sell his furniture and send the money to Berry at an address in Iowa," the complaint said.

Officers tried to locate Berry there but believed he had gone to Stockton, Calif.

A warrant was issued when Berry was charged, and police arrested him Wednesday in Stockton. He was booked into the San Joaquin County Jail.

In November 1992, Berry was accused of striking a 16-year-old boy with his baton during the Hmong New Year's Celebration in St. Paul. He was suspended after a homemade videotape showed the officer striking the teen on the back of the head with no apparent provocation. Berry, a St. Paul officer for five years, resigned in March 1993.

Tasered Woman Files Claim Against Officers for Excessive Force

University of Wisconsin football fans Roman and Margaret Hiebing, who have strong ties to the university, have filed claims against the state of Wisconsin claiming police officers used excessive force, including a Taser, when arresting Margaret for sitting in the wrong place at the crowded Penn State football game in October.

The Hiebings were among the 81,524 fans who packed into Camp Randall Stadium on Oct. 11 to watch the Nittany Lions pound the Badgers, 48-7.

Like many others in section U on the east side of the stadium, Margaret Hiebing could not sit in her regular seat in row 69 because it had already been taken. So she sat at the end of the row, partially in the aisle, and that led to confrontation with police, which led to Margaret being handcuffed, stung by a Taser, and being ticketed for disorderly conduct on university property.

In a notice of claim filed with the State Justice Department earlier this week, the Hiebings say the conduct of the seven police officers who were eventually involved in arresting Margaret Hiebing, 54, "committed assault on (Margaret); committed, aided and/or abetted battery; used excessive force in an arrest; and falsely imprisoned," her.

Margaret suffered physical and emotional injuries from the conduct of the officers, the filing says, while Roman, who tried to come to his wife's aide, was battered by two officers, falsely imprisoned, and also suffered from emotional and physical injuries. He was also ticketed for disorderly conduct on university lands.

The Hiebings live in Maple Bluff and Roman is retired after a lengthy career in advertising, including 25 years as head of the Hiebing Group, a premier advertising firm in Madison, and he taught in both the business and journalism schools at UW. Margaret worked for many years as a nurse at University Hospital. The couple has had Badger football tickets for the past 25 years, the notice of claim says, and are members of the Bascom Hill Society.

The notice of claim makes UW-Madison Police Officer Tamara Kowalski out to the prime culprit of what the couple calls "excessive force." As Margaret Hiebing was trying to watch the game from her makeshift seat at the end of the aisle, Kowalski approached and told her to get in her seat. Roman Hiebing then asked the officer to check tickets of those in row 69, because some people were obviously in the wrong seats.

Kowalski, the notice of claim says, "did not check the tickets; in fact, (did) nothing to rectify the situation in response to (Roman's) request."

"Without provocation, Kowalski then grabbed (Margaret's) hair, pulling it backwards," and threatened to spray Margaret with pepper spray, the filing says. Kowalski then called six other officers to the area, and they in turned grabbed Margaret and started hauling up the stairs, the notice of claim says.

Margaret Hiebing tried to warn officers that she had previous knee surgery which made her prone to injuries, but said in an affidavit her pleas were ignored. When she got to the top of the stairs, Officer Peter Grimsyer "Tasered her repeatedly," the notice of claim says.

Roman, the claim says, was battered and falsely imprisoned by Officers Benjamin Newman and Nicolas Banuelos when he tried to help his wife.

State Justice Department spokesman William Cosh declined to discuss the claim. "We are reviewing the allegations and have no comment," he said.

Police said at the time that Margaret Hiebing was "kicking and screaming" when officers tried to handcuff her. "That's when one of the officers discharged a Taser weapon on her," said UW Police Sgt. Jason Whitney.

Whitney said UW officers asked Margaret Hiebing to go to her seat and attempted to contact guest services to help her to her seat. "But that didn't happen, so our policy is if you are not in your seat, you get ejected," he said at the time.

Filings of notices of claims with the state are usually precusors to the parties filing of a lawsuit, and must be done according to state statutes, so the Justice Department can analyze the validity of the claim. The Hiebings' claim was filed by Madison attorneys Robert Gingras and Paul Kinne.

Former Deputy Kyle Yates Accused of Raping & Molesting Child

A former Palm Beach County sheriff's deputy accused of raping and molesting a child gave up his right to a speedy trial Thursday, allowing more time for his attorney to work on his defense.

Kyle Yates, 38, faces three charges of sexual battery on a minor under 12 years old and a charge each of lewd and lascivious molestation and distributing obscene materials to a minor. After being confronted with the accusations in July, investigators say he fled to Texas. He was arrested in November, authorities said.

Yates has pleaded not guilty to the charges.

Former Officer Nelson Tuatagaloa Kisses Suicidal Woman Ordered to Stand Trial


As West Jordan police officer Nelson Tuatagaloa was kissing a reportedly suicidal woman while on duty last year, he allegedly told investigators he thought to himself: "What are you doing?"

But, according to Tuatagaloa's statement, he continued kissing the woman, and went on to touch her breasts and genital area before dropping her at a hospital for a mental evaluation.

Based on testimony Friday from Salt Lake County district attorney investigator Travis Peterson and the alleged victim, 3rd District Judge Sheila McCleve ordered Tuatagaloa to stand trial on two counts of second-degree felony forcible sexual abuse.

If convicted, Tuatagaloa, 34, -- who no longer is working for the police department -- could face

Nelson Tuatagaloa up to 15 years in prison on each count. A scheduling hearing was set for Feb. 27.

The alleged victim testified that while she never said no or pushed Tuatagaloa away the night of Sept. 30, she did not want or welcome his advances. The woman said she felt she had to do everything Tuatagaloa wanted because he was a police officer and, based on what she had seen on television shows, he could say or do anything, even kill her.

She testified she had called her estranged husband that night and threatened to kill herself even though she had no intention of committing suicide. She left her house with a handgun but called police after she learned they were looking for her.

Tuatagaloa and another officer arrested her. On the way to a hospital in Tuatagaloa's cruiser, the woman said he held her hand and told her, "You've made a new friend tonight."

As they approached the hospital, the woman saw two friends by the entrance and told Tuatagaloa she didn't want to see them. He responded by pulling over on a darkened side of the building.

Tuatagaloa -- who had accused the woman of being intoxicated by alcohol -- asked to smell her breath, then started kissing her, she testified. The alleged victim said when she put on her seat belt, indicating she was ready to go, he took it off and started kissing her again. He put his hand inside her clothing and touched her breasts, she said.

According to police dispatch times, Tuatagaloa and the woman were parked for about 40 minutes.

The woman said that when she told her friends what had happened, they insisted she tell hospital personnel who notified police.