CLINTON, Ill.
A former police officer accused of taking guns from the Clinton Police Department evidence room has waived his right to a preliminary hearing and will go on trial later this year.
Jerry Bristow, who will tried on eight felony charges and one misdemeanor, is accused of taking a target pistol and shotgun on May 12, 2008; a pistol on July 3, 2008 and a revolver on August 1, 2008.
Because the revolver was valued at less than $300, it carries the misdemeanor charge. He is also charged with six counts of official misconduct.
Bristow entered a not guilty plea during his appearance Wednesday.
Bristow, who supervised the evidence room, left the force Jan. 1. An investigation by the DeWitt County Sheriff's Department led to the discovery of the missing weapons.
Bristow is free after posting $1,000 bond.
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More Information:
http://www.pantagraph.com/articles/2009/02/04/news/doc4989fa6c526d4042047083.txt
Thursday, February 05, 2009
Former Officer Bill Billings Arrested for 3 Felonies
A former Gainesville police officer turned himself in early Wednesday on three felony charges, adding to the three misdemeanors he was charged with last month. All the charges are tied to his work as a police officer.
Bill Billings, 51, turned himself in at the Alachua County jail on 4:30 a.m. on charges of grand theft, scheme to defraud and official misconduct. Bond in his case was set at $15,000. He had previously been charged with three misdemeanor prostitution counts.
The felony charges allege that Billings falsely reported he was working overtime, accepted $5,409 in unearned overtime and falsified records to show he was working overtime while he was not.
Billings' problems became public in November when the police department announced the results of an internal investigation involving Billings. The report was turned over to the State Attorney's Office.
The internal report determined that 14 women reported they had had sex with Billings for money while he was on duty, in uniform and driving marked police vehicles.
The investigation also turned up evidence used to charge Billings with the felonies for which he turned himself in on Wednesday morning.
Billings, who had been a corporal with the agency and handled recruitment for GPD's Personnel Unit, resigned from the Police Department three months before the results of the internal investigation were released.
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More Information:
http://www.alligator.org/articles/2009/02/05/news/local/090205_prostitution.txt
Trooper Sgt. Carrie Rindal Does Questionable PIT Maneuver
Minneapolis, MN
A state trooper stopped a Hudson man and arrested him for evading an officer. But the man says he was simply looking for a safe place to pull stop with his kids in the car.
Sam Salter was packed in his mini-van heading home to Hudson after at family New Year's Eve party in St. Paul.
Salter was headed eastbound at about 10:30 p.m. when a trooper put on her lights and sirens behind him. He was in the far left lane and immediately signaled to move to the right.
He says he got to the far right lane and there was nowhere to pull off because the shoulder was ice and snow and he wanted a safe place to pull over with his kids in the car, and it was dark.
He immediately got on the 61 exit and at the end of the exit takes an immediate right to a road. The trooper, Sgt. Carrie Rindal, thinks he is evading an officer and does a PIT maneuver on him (rams his van) to force him to stop.
He then and jumped out screaming, "What are you doing? I have kids in the car."
With her gun drawn and pointed at Salter, the trooper then pats him down with screaming kids in car and takes him to squad car to inform him he is under arrest and going to jail for the felony of evading an officer.
The kids stayed in van until mom arrives to pick them up.
Salter was taken to jail where he stays for almost two days. His kids ages two, three, six, all saw the altercation with the trooper and are traumatized.
Salter was not charged with the felony by Ramsey County because the county attorney said there was insufficient evidence that he was fleeing.
He was left with $1,500 damage to his van, a ticket for illegal lane change and a $140 towing fee.
Rindal is not on paid administrative leave and has been a trooper for 11 years.
YOUR TAKE: Was the trooper in the wrong?
A state trooper stopped a Hudson man and arrested him for evading an officer. But the man says he was simply looking for a safe place to pull stop with his kids in the car.
Sam Salter was packed in his mini-van heading home to Hudson after at family New Year's Eve party in St. Paul.
Salter was headed eastbound at about 10:30 p.m. when a trooper put on her lights and sirens behind him. He was in the far left lane and immediately signaled to move to the right.
He says he got to the far right lane and there was nowhere to pull off because the shoulder was ice and snow and he wanted a safe place to pull over with his kids in the car, and it was dark.
He immediately got on the 61 exit and at the end of the exit takes an immediate right to a road. The trooper, Sgt. Carrie Rindal, thinks he is evading an officer and does a PIT maneuver on him (rams his van) to force him to stop.
He then and jumped out screaming, "What are you doing? I have kids in the car."
With her gun drawn and pointed at Salter, the trooper then pats him down with screaming kids in car and takes him to squad car to inform him he is under arrest and going to jail for the felony of evading an officer.
The kids stayed in van until mom arrives to pick them up.
Salter was taken to jail where he stays for almost two days. His kids ages two, three, six, all saw the altercation with the trooper and are traumatized.
Salter was not charged with the felony by Ramsey County because the county attorney said there was insufficient evidence that he was fleeing.
He was left with $1,500 damage to his van, a ticket for illegal lane change and a $140 towing fee.
Rindal is not on paid administrative leave and has been a trooper for 11 years.
YOUR TAKE: Was the trooper in the wrong?
Trooper Charles Odom Arrested for Sexual Battery
A Florida Highway Patrol trooper has been arrested on a charge of sexual battery after a woman he pulled over Jan. 28 in Wakulla County reported the alleged assault.
Trooper Charles Odom, 52, is being held at the Leon County Jail on $250,000 bail. He was arrested about 10:30 p.m. Wednesday. He has since been fired, said Capt. Mark Welch, a spokesman for the Highway Patrol.
“Incidents like this are a black eye for all of law enforcement,” Welch said.
The woman reported the incident the day after it allegedly occurred to the Wakulla County Sheriff’s Office. Odom pulled her over on Shadeville Highway for going 4 miles over the speed limit while crossing the Wakulla River Bridge, according his arrest report. He ran her driver’s license and discovered it was suspended. He asked if she’d been drinking, and she admitted it. The woman said Odom asked her to get out of the car and then fondled her while she was leaning on the hood.
He told her to follow him to the rear parking lot of Savannah’s Restaurant, 968 Woodville Highway, where he took a picture of her breasts with his cell-phone camera and then had her perform oral sex on him, she told deputies. He then told her: “Do not say anything to anybody,” and let her go without a citation or warning, she said.
FHP is conducting an internal investigation. Odom has worked for the Highway Patrol since 2006, said Lt. Ken Ellis, an FHP spokesman for the Tallahassee area. Before that, he worked for the Wakulla County Sheriff’s Office as a patrol deputy and in corrections. He’s being housed at the Leon County Jail for his own protection.
“He’s innocent until proven guilty,” said Odom’s lawyer, Don Pumphrey. “We cannot make any comment at this time. It would not be appropriate.”
Another trooper in Jefferson County was arrested in September 2007. Kamau Bell, who was also fired at the time of his arrest, was convicted of unnatural and lascivious acts, a second-degree misdemeanor, and sentenced to 60 days in jail, a $500 fine and six months of probation, Welch said.
Bell had stopped two women who worked at an adult nightclub as dancers, and they accused him of asking them to take their tops off, Ellis said.
State Attorney Willie Meggs said: “That’s one of the reasons this is not a good thing -- You need to have respect for law-enforcement officers, and then when something like this happens, it does cause some anxiety among people, and that can and does create a problem.”
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http://www.fortmilltimes.com/124/story/448483.html
Trooper Charles Odom, 52, is being held at the Leon County Jail on $250,000 bail. He was arrested about 10:30 p.m. Wednesday. He has since been fired, said Capt. Mark Welch, a spokesman for the Highway Patrol.
“Incidents like this are a black eye for all of law enforcement,” Welch said.
The woman reported the incident the day after it allegedly occurred to the Wakulla County Sheriff’s Office. Odom pulled her over on Shadeville Highway for going 4 miles over the speed limit while crossing the Wakulla River Bridge, according his arrest report. He ran her driver’s license and discovered it was suspended. He asked if she’d been drinking, and she admitted it. The woman said Odom asked her to get out of the car and then fondled her while she was leaning on the hood.
He told her to follow him to the rear parking lot of Savannah’s Restaurant, 968 Woodville Highway, where he took a picture of her breasts with his cell-phone camera and then had her perform oral sex on him, she told deputies. He then told her: “Do not say anything to anybody,” and let her go without a citation or warning, she said.
FHP is conducting an internal investigation. Odom has worked for the Highway Patrol since 2006, said Lt. Ken Ellis, an FHP spokesman for the Tallahassee area. Before that, he worked for the Wakulla County Sheriff’s Office as a patrol deputy and in corrections. He’s being housed at the Leon County Jail for his own protection.
“He’s innocent until proven guilty,” said Odom’s lawyer, Don Pumphrey. “We cannot make any comment at this time. It would not be appropriate.”
Another trooper in Jefferson County was arrested in September 2007. Kamau Bell, who was also fired at the time of his arrest, was convicted of unnatural and lascivious acts, a second-degree misdemeanor, and sentenced to 60 days in jail, a $500 fine and six months of probation, Welch said.
Bell had stopped two women who worked at an adult nightclub as dancers, and they accused him of asking them to take their tops off, Ellis said.
State Attorney Willie Meggs said: “That’s one of the reasons this is not a good thing -- You need to have respect for law-enforcement officers, and then when something like this happens, it does cause some anxiety among people, and that can and does create a problem.”
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http://www.fortmilltimes.com/124/story/448483.html
Wednesday, February 04, 2009
Officer Lawrence Etsitty Jr Faces Sexual Assault Charges
GALLUP
Crownpoint-based Navajo Police Officer Lawrence Etsitty Jr. may face federal charges after he allegedly sexually assaulted a 26-year-old Gallup woman while transporting her to jail.
The FBI has launched a preliminary civil rights ‘color of law’ inquiry into Etsitty, according to New Mexico FBI spokesman Todd Hulsey.
“Color of law is when any government official is acting with some authority,” Hulsey said.
Additionally, Navajo Police Department has launched its own internal affairs investigation.
Etsitty is accused of stopping en route to Crownpoint jail, pulling the handcuffed woman from the cruiser and fondling her. After about 20 minutes, he turned around and brought her to Gallup, according to the victim, whose name was withheld to protect her identity.
The victim said she and her fiancé went out for dinner and drinks with more than 10 out-of-town relatives, including a designated driver, the evening of Jan. 24. When the bar closed at 1:15 a.m., the caravan continued toward Fire Rock Casino. They arrived around 2 a.m., and everyone went inside. The victim walked in about 30 seconds behind the rest, having lingered at the car to organize her purse.
As she approached the entrance she saw her fiancé and other family members seated near the buffet, but security stopped her at the door and told her she was too drunk to enter. Two security guards escorted the victim to her fiancé and family and everyone agreed to leave, so they walked back toward the exit.
“As we were walking out I noticed a cop at the door,” she said. “The cop stopped us and said ‘I need to arrest her.’”
“For what?”
“Assault.”
She said the officer accused the 5-feet-3-inch, 120 pound victim of assaulting her 6-feet-3-inch, 220 pound fiancé during their walk from the buffet to the exit.
The rest of the family thought she was being charged with public intoxication and pleaded with the officer to let them take her home because they had a designated driver, according to a relative present at the time, whose name is withheld to protect the identity of the victim.
“Usually they just let you take them home if you have a driver,” the relative said. “My first thought was: ‘At least she is safe with a cop.’ You’re supposed to be able to trust them.”
After she was cuffed and placed in the cruiser and headed toward Crownpoint, the victim said Etsitty began mumbling to himself.
“... she could hear the officer talking to himself, saying ‘should I do it, should I do it, or shouldn’t I,” according to a Gallup Police report filed a few hours later.
The victim said that 20 to 30 minutes into the drive, Etsitty stopped near “the dunes.” He pulled to the side of the road and turned off all of the vehicle’s lights. He forcibly pulled the still-handcuffed victim from the back seat of the cruiser and told her to stand against the door. She said Etsitty repeatedly asked about her boyfriend and said he liked her as he kissed her on the mouth and inappropriately touched her. Throughout the ordeal the victim wept and pleaded with Etsitty to stop.
“The whole time I was like don’t do this ... this is wrong. Don’t do this,” she said. “To me it felt like forever ... standing out there, it could have been 15 minutes.”
Afterward Etsitty agreed to bring the victim home. But when they got back into Gallup, she didn’t want him to know where she lived. So she asked him to stop and let her use the bathroom. Etsitty parked beside a Dumpster at an apartment complex and let her out.
The victim said Etsitty wanted to help her get her pants down. She asked him not to help with her pants, but to remove the handcuffs, and Etsitty did. The victim went behind the Dumpster and out of sight, quietly removed her boots and started running. When she got home she called Gallup Police.
She said that same day she was visited by an FBI agent and an Internal Affairs Investigator from Navajo Police Department.
“Internal Affairs said he may get off with a short suspension because he didn’t actually rape me,” she said.
Crownpoint-based Navajo Police Officer Lawrence Etsitty Jr. may face federal charges after he allegedly sexually assaulted a 26-year-old Gallup woman while transporting her to jail.
The FBI has launched a preliminary civil rights ‘color of law’ inquiry into Etsitty, according to New Mexico FBI spokesman Todd Hulsey.
“Color of law is when any government official is acting with some authority,” Hulsey said.
Additionally, Navajo Police Department has launched its own internal affairs investigation.
Etsitty is accused of stopping en route to Crownpoint jail, pulling the handcuffed woman from the cruiser and fondling her. After about 20 minutes, he turned around and brought her to Gallup, according to the victim, whose name was withheld to protect her identity.
The victim said she and her fiancé went out for dinner and drinks with more than 10 out-of-town relatives, including a designated driver, the evening of Jan. 24. When the bar closed at 1:15 a.m., the caravan continued toward Fire Rock Casino. They arrived around 2 a.m., and everyone went inside. The victim walked in about 30 seconds behind the rest, having lingered at the car to organize her purse.
As she approached the entrance she saw her fiancé and other family members seated near the buffet, but security stopped her at the door and told her she was too drunk to enter. Two security guards escorted the victim to her fiancé and family and everyone agreed to leave, so they walked back toward the exit.
“As we were walking out I noticed a cop at the door,” she said. “The cop stopped us and said ‘I need to arrest her.’”
“For what?”
“Assault.”
She said the officer accused the 5-feet-3-inch, 120 pound victim of assaulting her 6-feet-3-inch, 220 pound fiancé during their walk from the buffet to the exit.
The rest of the family thought she was being charged with public intoxication and pleaded with the officer to let them take her home because they had a designated driver, according to a relative present at the time, whose name is withheld to protect the identity of the victim.
“Usually they just let you take them home if you have a driver,” the relative said. “My first thought was: ‘At least she is safe with a cop.’ You’re supposed to be able to trust them.”
After she was cuffed and placed in the cruiser and headed toward Crownpoint, the victim said Etsitty began mumbling to himself.
“... she could hear the officer talking to himself, saying ‘should I do it, should I do it, or shouldn’t I,” according to a Gallup Police report filed a few hours later.
The victim said that 20 to 30 minutes into the drive, Etsitty stopped near “the dunes.” He pulled to the side of the road and turned off all of the vehicle’s lights. He forcibly pulled the still-handcuffed victim from the back seat of the cruiser and told her to stand against the door. She said Etsitty repeatedly asked about her boyfriend and said he liked her as he kissed her on the mouth and inappropriately touched her. Throughout the ordeal the victim wept and pleaded with Etsitty to stop.
“The whole time I was like don’t do this ... this is wrong. Don’t do this,” she said. “To me it felt like forever ... standing out there, it could have been 15 minutes.”
Afterward Etsitty agreed to bring the victim home. But when they got back into Gallup, she didn’t want him to know where she lived. So she asked him to stop and let her use the bathroom. Etsitty parked beside a Dumpster at an apartment complex and let her out.
The victim said Etsitty wanted to help her get her pants down. She asked him not to help with her pants, but to remove the handcuffs, and Etsitty did. The victim went behind the Dumpster and out of sight, quietly removed her boots and started running. When she got home she called Gallup Police.
She said that same day she was visited by an FBI agent and an Internal Affairs Investigator from Navajo Police Department.
“Internal Affairs said he may get off with a short suspension because he didn’t actually rape me,” she said.
Trial for Former Officer Samuel White Continues
Prosecutors this morning are trying to show Samuel Kase White had a pattern of behavior they hope will help prove he sexually assaulted five women in fall 2007.
Fort Collins police Officer Jake Schneider testified he arrested White on Sept. 8, 2007, after a couple reported a prowler at a residence on East Plum Street. Schneider said he initially stopped White, who was on foot, because he was a black man in his 30s, which matched the description of the prowler provided to a police dispatcher.
The arrest was made at about 4:40 a.m. and Schneider said there was no one else walking in the area at the time.
White is not facing charges for the Sept. 8 case, but prosecutors are trying to show White had a pattern of behavior related to the assaults. The jury has been instructed by Larimer District Court Judge Terence Gilmore to consider the testimony and presentation of evidence solely for that purpose.
A Fort Collins police computer forensics analyst is also testifying this morning that he found Internet searches on White’s CSU work computer using Yahoo maps for directions from White’s home to addresses near the campus.
White is accused of sexually assaulting four women at their homes near the CSU campus and another woman in Loveland. Three of the women were CSU students at the time and said they did not know White. Two of the women said they knew White through a friend or relative.
All five women have testified against White. Prosecutors Emily Humphrey and Michelle Brinegar say they expect to wrap up their case by Thursday, while public defenders Erin Richmond and Norm Townsend say they expect to rest their case by Monday.
White is charged with five counts of felony sexual assault, five counts of burglary, one count of trespassing, one count of harassment and one count of unlawful contact.
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http://www.coloradoan.com/article/20090203/NEWS01/902030331
See www.coloradoan.com for more.
Fort Collins police Officer Jake Schneider testified he arrested White on Sept. 8, 2007, after a couple reported a prowler at a residence on East Plum Street. Schneider said he initially stopped White, who was on foot, because he was a black man in his 30s, which matched the description of the prowler provided to a police dispatcher.
The arrest was made at about 4:40 a.m. and Schneider said there was no one else walking in the area at the time.
White is not facing charges for the Sept. 8 case, but prosecutors are trying to show White had a pattern of behavior related to the assaults. The jury has been instructed by Larimer District Court Judge Terence Gilmore to consider the testimony and presentation of evidence solely for that purpose.
A Fort Collins police computer forensics analyst is also testifying this morning that he found Internet searches on White’s CSU work computer using Yahoo maps for directions from White’s home to addresses near the campus.
White is accused of sexually assaulting four women at their homes near the CSU campus and another woman in Loveland. Three of the women were CSU students at the time and said they did not know White. Two of the women said they knew White through a friend or relative.
All five women have testified against White. Prosecutors Emily Humphrey and Michelle Brinegar say they expect to wrap up their case by Thursday, while public defenders Erin Richmond and Norm Townsend say they expect to rest their case by Monday.
White is charged with five counts of felony sexual assault, five counts of burglary, one count of trespassing, one count of harassment and one count of unlawful contact.
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http://www.coloradoan.com/article/20090203/NEWS01/902030331
See www.coloradoan.com for more.
Officer Mark Gore Suspended for Taking Home Patrol Car
A Philadelphia police officer who was the subject of an intense, hour-long search last Wednesday after he failed to return to the station at the end of his shift was suspended for five days without pay.
The officer, Mark Gore, 45, apparently took his patrol car home to the Stallo community because his personal vehicle was broken down, said Police Chief Dickie Sistrunk.
When Gore, a drug enforcement officer, did not return to the station at the end of his shift, police began an all-out search that eventually involved the Sheriff's Office.
Sistrunk said he initially feared for Gore's safety.
Gore went off duty in his patrol car without following proper procedures, Sistrunk said.
Gore was supposed to conclude his shift about 6 p.m. but he never radioed he was going off duty nor did he return his patrol to the station, Sistrunk said.
Others became concerned when Gore could not be reached by radio or his cellular telephone.
"I started calling him myself on his cell phone and then on my radio," Sistrunk said.
As concern for Gore's safety mounted, the police chief called for assistance from the Sheriff and one of his deputies to help search for the officer.
Gore was found along with his patrol car at his home in the Stallo community shortly after 7 p.m.
"His personal car had broken down," Sistrunk said, "so he took the patrol unit home."
The officer, Mark Gore, 45, apparently took his patrol car home to the Stallo community because his personal vehicle was broken down, said Police Chief Dickie Sistrunk.
When Gore, a drug enforcement officer, did not return to the station at the end of his shift, police began an all-out search that eventually involved the Sheriff's Office.
Sistrunk said he initially feared for Gore's safety.
Gore went off duty in his patrol car without following proper procedures, Sistrunk said.
Gore was supposed to conclude his shift about 6 p.m. but he never radioed he was going off duty nor did he return his patrol to the station, Sistrunk said.
Others became concerned when Gore could not be reached by radio or his cellular telephone.
"I started calling him myself on his cell phone and then on my radio," Sistrunk said.
As concern for Gore's safety mounted, the police chief called for assistance from the Sheriff and one of his deputies to help search for the officer.
Gore was found along with his patrol car at his home in the Stallo community shortly after 7 p.m.
"His personal car had broken down," Sistrunk said, "so he took the patrol unit home."
Officer Johnnie T Keyes Charged with Stealing Radar Detector
A Philadelphia police officer was placed on administrative leave last week and resigned Tuesday after he admitted taking a radar detector from a vehicle he pulled over.
Patrolmen Johnnie T. Keyes was charged in an affidavit with taking a Cobra radar detector from the vehicle following a traffic stop on Valley View Drive on Monday, Jan. 26.
Keyes has not been arrested pending a hearing before a circuit judge to establish probable cause, said Police Chief Dickie Sistrunk.
The hearing is set for Friday at 9 a.m.
The driver of the vehicle was arrested on an outstanding warrant for simple assault and taken to jail by another officer while Keyes remained behind waiting for a wrecker, Sistrunk said.
The man realized that the radar detector was missing after he got out of jail and reported the theft to police, Sistrunk said.
The man talked with the wrecker driver and was told there was no radar detector inside when the vehicle was towed.
Sistrunk said police filed a report on the missing radar detector and in the mean time the man, Derrick Henley, signed an affidavit accusing another officer.
After an internal investigation, Keyes admitted to having the radar detector which police later retrieved at his residence, Sistrunk said.
"The law says you cannot arrest a police officer until he has had a hearing before a circuit court judge to establish probably cause," Sistrunk said.
Sistrunk was to bring the incident before the Mayor and Board of Aldermen at its regularly scheduled meeting Tuesday night.
David Brackett, the other officer involved in the traffic stop, was cleared of any wrongdoing.
Keyes was hired as a patrolman with the police department on April 16, 2008.
Sistrunk expressed concern about the officer's actions.
"People entrust my officers to serve and protect them," he said. "This shows that my officers are no better than anybody else. Our department will investigate and take corrective action which something like this occurs."
Another officer resigned last year after he admitted to shoplifting while on duty.
Sgt. Toby Wilson, 59, of 527 John C. Stennis Dr., Louisville, resigned last August after he was caught on surveillance tape taking a can of Pepsi from a convenience store without paying for it.
No charges were filed.
Another officer was suspended for five days without pay for unauthorized use of a patrol car. (SEE Other Post)
Patrolmen Johnnie T. Keyes was charged in an affidavit with taking a Cobra radar detector from the vehicle following a traffic stop on Valley View Drive on Monday, Jan. 26.
Keyes has not been arrested pending a hearing before a circuit judge to establish probable cause, said Police Chief Dickie Sistrunk.
The hearing is set for Friday at 9 a.m.
The driver of the vehicle was arrested on an outstanding warrant for simple assault and taken to jail by another officer while Keyes remained behind waiting for a wrecker, Sistrunk said.
The man realized that the radar detector was missing after he got out of jail and reported the theft to police, Sistrunk said.
The man talked with the wrecker driver and was told there was no radar detector inside when the vehicle was towed.
Sistrunk said police filed a report on the missing radar detector and in the mean time the man, Derrick Henley, signed an affidavit accusing another officer.
After an internal investigation, Keyes admitted to having the radar detector which police later retrieved at his residence, Sistrunk said.
"The law says you cannot arrest a police officer until he has had a hearing before a circuit court judge to establish probably cause," Sistrunk said.
Sistrunk was to bring the incident before the Mayor and Board of Aldermen at its regularly scheduled meeting Tuesday night.
David Brackett, the other officer involved in the traffic stop, was cleared of any wrongdoing.
Keyes was hired as a patrolman with the police department on April 16, 2008.
Sistrunk expressed concern about the officer's actions.
"People entrust my officers to serve and protect them," he said. "This shows that my officers are no better than anybody else. Our department will investigate and take corrective action which something like this occurs."
Another officer resigned last year after he admitted to shoplifting while on duty.
Sgt. Toby Wilson, 59, of 527 John C. Stennis Dr., Louisville, resigned last August after he was caught on surveillance tape taking a can of Pepsi from a convenience store without paying for it.
No charges were filed.
Another officer was suspended for five days without pay for unauthorized use of a patrol car. (SEE Other Post)
Roney Wilson Dies Aftrer Being Tasered Three Times
TAMPA
A man who was Tasered by deputies three times died due to "delirium with agitation due to schizoaffective disorder," Hillsborough Associate Medical Examiner Leszek Chrostowski said this morning.
Roney Wilson, 46, died Sept. 11 after his family called on deputies to help them. Wilson had become upset, climbed inside his mother's Nissan Frontier, smashed out the windshield with his fist and refused to budge.
Chrostowski said he can't say whether the use of the Taser itself contributed to Wilson's death. But he did determine that one contributing cause was "physical stress" and he called the manner of death "homicide," citing Wilson's "physical resistence to attempted restraint by police."
Wilson, Chrostowski said, was already in state of delirium when deputies arrived. He had a small amount of alcohol in his blood, as well as prescription antidepressants cyclobenzaprine, doxapine and mirtazapine. Chrostowski said one of those three medications was found in a slightly higher amount than would be expected in a clinical dose.
"All of these medications can cause agitation themselves," he said. "If you put stress of apprehension on top of this, this . . . causes physiological collapse and people die. There's nothing completely unusual about that."
Chrostowski explained that the word homicide when used by the medical examiner does nothing to suggest intent to kill, but does indicate that a contributing factor in his death was "the hands of others."
"It doesn't matter how much it is contributory - 1 percent, 50 percent or 90 percent," Chrostowski said. He said there was a lot of discussion at his office about his decision to call the manner of death a homicide. For example, even in the case in which a person dies by lethal injection under order of law, a medical examiner refers to the manner of death as homicide.
"I cannot change how the definition works only because it's a police officer," he said. "I think that for the sake of consistency, we have to call it a homicide. It doesn't mean they intended to kill."
Dick Bailey, public information officer for the medical examiner, said it would be a while before the actual report is made public. For now, Chrostowski's findings will be sent to the Hillsborough County State Attorney's Office for review. Bailey said that's a matter of course any time the manner of death is homicide.
Hillsborough Sheriff's spokeswoman Debbie Carter said a preliminary investigation into the use of force found no fault with the deputies' actions. Deputies Mary Angelo, Jessica Guthrie and Dustin Hartline returned to work shortly after the incident, she said. (Angelo, who used the Taser, is married to St. Petersburg Times researcher John Martin.)
The Sheriff's Office has not seen the report, but will review it with the State Attorney's Office when it becomes available, Carter said.
Click on these links to read more about Wilson's death and Taser International's interest in medical examiner findings.
A man who was Tasered by deputies three times died due to "delirium with agitation due to schizoaffective disorder," Hillsborough Associate Medical Examiner Leszek Chrostowski said this morning.
Roney Wilson, 46, died Sept. 11 after his family called on deputies to help them. Wilson had become upset, climbed inside his mother's Nissan Frontier, smashed out the windshield with his fist and refused to budge.
Chrostowski said he can't say whether the use of the Taser itself contributed to Wilson's death. But he did determine that one contributing cause was "physical stress" and he called the manner of death "homicide," citing Wilson's "physical resistence to attempted restraint by police."
Wilson, Chrostowski said, was already in state of delirium when deputies arrived. He had a small amount of alcohol in his blood, as well as prescription antidepressants cyclobenzaprine, doxapine and mirtazapine. Chrostowski said one of those three medications was found in a slightly higher amount than would be expected in a clinical dose.
"All of these medications can cause agitation themselves," he said. "If you put stress of apprehension on top of this, this . . . causes physiological collapse and people die. There's nothing completely unusual about that."
Chrostowski explained that the word homicide when used by the medical examiner does nothing to suggest intent to kill, but does indicate that a contributing factor in his death was "the hands of others."
"It doesn't matter how much it is contributory - 1 percent, 50 percent or 90 percent," Chrostowski said. He said there was a lot of discussion at his office about his decision to call the manner of death a homicide. For example, even in the case in which a person dies by lethal injection under order of law, a medical examiner refers to the manner of death as homicide.
"I cannot change how the definition works only because it's a police officer," he said. "I think that for the sake of consistency, we have to call it a homicide. It doesn't mean they intended to kill."
Dick Bailey, public information officer for the medical examiner, said it would be a while before the actual report is made public. For now, Chrostowski's findings will be sent to the Hillsborough County State Attorney's Office for review. Bailey said that's a matter of course any time the manner of death is homicide.
Hillsborough Sheriff's spokeswoman Debbie Carter said a preliminary investigation into the use of force found no fault with the deputies' actions. Deputies Mary Angelo, Jessica Guthrie and Dustin Hartline returned to work shortly after the incident, she said. (Angelo, who used the Taser, is married to St. Petersburg Times researcher John Martin.)
The Sheriff's Office has not seen the report, but will review it with the State Attorney's Office when it becomes available, Carter said.
Click on these links to read more about Wilson's death and Taser International's interest in medical examiner findings.
Judge Bill Atchinson Arrested on Drug Charges
GULFPORT, MS
Gulfport Municipal Judge Bill Atchison has been arrested on drug charges.
Atchison is charged with nine counts of prescription drug fraud. He was released on a $90,000 bond.
John Kelly, the city of Gulfport's chief administrative officer and former municipal court administrator, issued the following statement:
"We have been notified by state authorities regarding the accusations involving Municipal Judge Bill Atchison and they are upsetting to all of us. We are keeping Bill and his family in our prayers.
Judge Atchison is on administrative leave and the city has several other judges assigned to municipal court who will continue to hear cases on a daily basis.
In recent years we have made tremendous strides to assure that our court runs smoothly and honorably. The court recently installed a new filing system and doubled the budget for public defenders. The court has also adopted a new set of court rules that are currently being reviewed by the Mississippi Supreme Court as rules that could be used by all municipal courts throughout the state.
The city is building a 65,000-square-foot facility at the corner of 23rd Avenue and 15th Street in downtown. The plan is to relocate the city's police department headquarters, municipal court and other services to the new Rob Curry Municipal Complex sometime next year.
Our court is making significant progress every day and we must continue to move forward.
Again, we wish Judge Atchison and his family all the best in the coming weeks and months.
Sincerely,
John Kelly
Chief Administrative Officer
_________________
http://www.sunherald.com/newsupdates/story/1117395.html
Video Shows Officer Forcefully Punching Woman in Face
A video released as part of a lawsuit against police in Millville, Philadelphia, shows an officer forcefully punching a woman in the face four times after he bungled an attempt to arrest her for riding a bike on the sidewalk.
As reported by NBC news, Sheila Stevenson, 42, has filed a civil suit alleging police used excessive force, after then-Millville Police Officer Carlo Drogo stopped her one year ago on February 3 2008.
The newly released video shows Drogo attempting to use pepper spray on Stevenson while she is still on the bike, but instead spraying himself in the face.
As Stevenson struggles, a reeling Drogo knocks her off the bike and onto the ground.
Two more cops then arrive and haul Stevenson to the curb, one of them seemingly applying the full force of his upper arm onto her neck and head.
The same cop then thrusts his knee into her back twice, with full force, whilst attempting to handcuff her.
“I am not doing nothing,” Stevenson screams.
“Put your hands behind your back,” one of the other officers orders.
“Can you not do this? I’m not doing nothing! I’m not doing nothing,” she wails.
Drogo, clearly in great discomfort from using his own pepper spray on himself, then approaches Stevenson after the other officers have restrained her and aggressively punches her in the face and head four times.
“Why are you hitting me? You’re hitting me! Why are you hitting me?” Stevenson cries out. “Why did you hit me and I’m handcuffed?”
Stevenson was later convicted of resisting arrest.
Watch the raw video: http://www.offensivestuff.com/wordpress/?p=1082
As reported by NBC news, Sheila Stevenson, 42, has filed a civil suit alleging police used excessive force, after then-Millville Police Officer Carlo Drogo stopped her one year ago on February 3 2008.
The newly released video shows Drogo attempting to use pepper spray on Stevenson while she is still on the bike, but instead spraying himself in the face.
As Stevenson struggles, a reeling Drogo knocks her off the bike and onto the ground.
Two more cops then arrive and haul Stevenson to the curb, one of them seemingly applying the full force of his upper arm onto her neck and head.
The same cop then thrusts his knee into her back twice, with full force, whilst attempting to handcuff her.
“I am not doing nothing,” Stevenson screams.
“Put your hands behind your back,” one of the other officers orders.
“Can you not do this? I’m not doing nothing! I’m not doing nothing,” she wails.
Drogo, clearly in great discomfort from using his own pepper spray on himself, then approaches Stevenson after the other officers have restrained her and aggressively punches her in the face and head four times.
“Why are you hitting me? You’re hitting me! Why are you hitting me?” Stevenson cries out. “Why did you hit me and I’m handcuffed?”
Stevenson was later convicted of resisting arrest.
Watch the raw video: http://www.offensivestuff.com/wordpress/?p=1082
Agueda Dominguez Alleges Police Brutality
MANASSAS, Va.
Agueda Dominguez says her battered face and bruised arms are the result of police brutality. The 38-year-old El Salvadoran immigrant is alleging a Manassas Park Police officer beat her during a routine traffic stop Monday night.
"As he was pulling me against his car he pulled my hair...at the same time I banged my head a couple of times against his car. He threw me on the ground and banged me against the ground," Dominguez said.
Dominquez was stopped in the parking lot of the Apex Mart for having a broken headlight. She did not have her driver's license, but said she did provide Lt. Rupert Prinz with other documentation, including her social security card and work permit.
Dominquez said she refused to sign the ticket because she doesn't understand English. That is when she says she was sprayed with pepper spray and thrown on the ground.
Her brother describes what he saw as he pulled up to the scene:
"The floor...she hit the floor like an animal...she's not an animal, she's human. It's hard for me when I see he hit my sister on the floor," said Jose Dominguez, victim's brother.
Store manager, Warner Portillo, walked up just after the alleged brutality took place. "As I'm leaving, I see this lady bleeding really really bad and she was actually a little bit unconscious...I saw two police officers carrying her to an ambulance," Portillo added.
Cuts and bruises are visible on Dominguez's arms, leg and face. A cell phone picture shows her as she arrived to the hospital. Dominguez says she wasn't resisting police arrest. She says she just didn't want to sign a document she didn't understand.
"It hurts a lot...you come to the United States to pursue a dream and this type of stuff happens...especially in the Hispanic community. Most people are scared and so I just decided to step up and show everybody that we can stand up and defend ourselves," Dominguez added.
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http://www.insidenova.com/isn/news/local/article/woman_alleges_m._park_police_assault/29264/
Agueda Dominguez says her battered face and bruised arms are the result of police brutality. The 38-year-old El Salvadoran immigrant is alleging a Manassas Park Police officer beat her during a routine traffic stop Monday night.
"As he was pulling me against his car he pulled my hair...at the same time I banged my head a couple of times against his car. He threw me on the ground and banged me against the ground," Dominguez said.
Dominquez was stopped in the parking lot of the Apex Mart for having a broken headlight. She did not have her driver's license, but said she did provide Lt. Rupert Prinz with other documentation, including her social security card and work permit.
Dominquez said she refused to sign the ticket because she doesn't understand English. That is when she says she was sprayed with pepper spray and thrown on the ground.
Her brother describes what he saw as he pulled up to the scene:
"The floor...she hit the floor like an animal...she's not an animal, she's human. It's hard for me when I see he hit my sister on the floor," said Jose Dominguez, victim's brother.
Store manager, Warner Portillo, walked up just after the alleged brutality took place. "As I'm leaving, I see this lady bleeding really really bad and she was actually a little bit unconscious...I saw two police officers carrying her to an ambulance," Portillo added.
Cuts and bruises are visible on Dominguez's arms, leg and face. A cell phone picture shows her as she arrived to the hospital. Dominguez says she wasn't resisting police arrest. She says she just didn't want to sign a document she didn't understand.
"It hurts a lot...you come to the United States to pursue a dream and this type of stuff happens...especially in the Hispanic community. Most people are scared and so I just decided to step up and show everybody that we can stand up and defend ourselves," Dominguez added.
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http://www.insidenova.com/isn/news/local/article/woman_alleges_m._park_police_assault/29264/
Los Angeles Pays $12.85 million for Police Brutality Lawsuit
LOS ANGELES
The Los Angeles City Council approved a $12.85 million payout Wednesday for demonstrators and bystanders who were beaten by police at a pro-immigration rally in one of the largest settlements ever for Police Department misconduct.
The payout will settle nine lawsuits filed on behalf of nearly 300 people after the May 1, 2007, rally at MacArthur Park, where police dispersed crowds by beating people with batons and firing at them with beanbag rounds and rubber bullets. Forty-two people were injured, including nine journalists.
Carol Sobel, an attorney who represented some of the injured parties, said the payout is the largest single settlement in a demonstration case in the country.
"It means that for everybody who was in MacArthur Park that day, they can now feel that their injuries were recognized by the city," Sobel said.
The council faces other legal troubles stemming from the rally: There were 27 pending cases related to the demonstration before the settlement. City officials, however, said the payout covers most of the people who have filed lawsuits, including a class-action lawsuit that involved the approximately 5,000 people at the rally.
Nick Velasquez, a spokesman for the city attorney's office, said the settlement also calls for more police training on handling rallies and protests.
The May Day rally turned violent when about 30 protesters threw rocks at officers, who responded with force. A massive investigation was launched after widespread criticisms that police used excessive force and violated civil rights.
Police later concluded that a lack of planning, training and orderly supervision hindered officers at the rally. Police Chief William Bratton took responsibility for the department's response and called the officers' decision to use force a "command and control breakdown." Four officers were fired and 11 were disciplined.
The Los Angeles City Council approved a $12.85 million payout Wednesday for demonstrators and bystanders who were beaten by police at a pro-immigration rally in one of the largest settlements ever for Police Department misconduct.
The payout will settle nine lawsuits filed on behalf of nearly 300 people after the May 1, 2007, rally at MacArthur Park, where police dispersed crowds by beating people with batons and firing at them with beanbag rounds and rubber bullets. Forty-two people were injured, including nine journalists.
Carol Sobel, an attorney who represented some of the injured parties, said the payout is the largest single settlement in a demonstration case in the country.
"It means that for everybody who was in MacArthur Park that day, they can now feel that their injuries were recognized by the city," Sobel said.
The council faces other legal troubles stemming from the rally: There were 27 pending cases related to the demonstration before the settlement. City officials, however, said the payout covers most of the people who have filed lawsuits, including a class-action lawsuit that involved the approximately 5,000 people at the rally.
Nick Velasquez, a spokesman for the city attorney's office, said the settlement also calls for more police training on handling rallies and protests.
The May Day rally turned violent when about 30 protesters threw rocks at officers, who responded with force. A massive investigation was launched after widespread criticisms that police used excessive force and violated civil rights.
Police later concluded that a lack of planning, training and orderly supervision hindered officers at the rally. Police Chief William Bratton took responsibility for the department's response and called the officers' decision to use force a "command and control breakdown." Four officers were fired and 11 were disciplined.
Former Deputy Marc Javier Diaz Arrested for Rape
LA QUINTA
A former Riverside County sheriff's deputy was arrested today on suspicion of raping a woman in La Quinta, authorities said.
Marc Javier Diaz, 35, of Indio, was taken into custody around 10:30 a.m. during a traffic stop near Avenue 50 and Jackson Street in La Quinta, said sheriff's Deputy Herlinda Valenzuela.
Diaz resigned in July 2004 from the Riverside County Sheriff's Department, where he was a deputy in the Indio courthouse, after nine years on the force, Valenzuela said.
La Quinta police received a call at 8:15 p.m. Saturday about a woman being abducted from a business in the 78000 block of Highway 111 and sexually assaulted, Valenzuela said.
A man had entered the unidentified business displaying a law enforcement badge and demanded identification from employees inside, Valenzuela said.
The victim, whose name was withheld, was unable to provide identification. The suspect escorted her out of the business to his pick-up truck, which was parked in a nearby lot, according to Valenzuela.
He drove her to a secluded location near Washington Street and Country Club Drive, where he raped her, Valenzuela said.
Diaz was being held in lieu of $1 million in the sheriff's jail in Banning.
Video: http://www.policevideonews.com/index.php/2009/02/05/sheriffs-deputy-arrested-for-sexual-assult/
A former Riverside County sheriff's deputy was arrested today on suspicion of raping a woman in La Quinta, authorities said.
Marc Javier Diaz, 35, of Indio, was taken into custody around 10:30 a.m. during a traffic stop near Avenue 50 and Jackson Street in La Quinta, said sheriff's Deputy Herlinda Valenzuela.
Diaz resigned in July 2004 from the Riverside County Sheriff's Department, where he was a deputy in the Indio courthouse, after nine years on the force, Valenzuela said.
La Quinta police received a call at 8:15 p.m. Saturday about a woman being abducted from a business in the 78000 block of Highway 111 and sexually assaulted, Valenzuela said.
A man had entered the unidentified business displaying a law enforcement badge and demanded identification from employees inside, Valenzuela said.
The victim, whose name was withheld, was unable to provide identification. The suspect escorted her out of the business to his pick-up truck, which was parked in a nearby lot, according to Valenzuela.
He drove her to a secluded location near Washington Street and Country Club Drive, where he raped her, Valenzuela said.
Diaz was being held in lieu of $1 million in the sheriff's jail in Banning.
Video: http://www.policevideonews.com/index.php/2009/02/05/sheriffs-deputy-arrested-for-sexual-assult/
Corporal Mario Chavez In Trouble Again
A Prince George's County police officer who was off duty and traveling at twice the speed limit in a county cruiser in 2007 when he collided with a car, killing a University of Maryland student, has been suspended after allegations that he was intoxicated in public and might have inappropriately displayed a handgun, sources said yesterday.
County police officers received an internal e-mail at 11:32 p.m. Monday saying that "effective immediately, the police powers of Corporal Mario Chavez . . . have been suspended." The e-mail resembles standard notices distributed when officers are involved in departmental shootings or other events that require them to be placed on administrative leave. The e-mails direct that those who are suspended be prohibited from entering police facilities.
Chavez "was suspended, but it was unrelated to the prior event," said Officer Henry Tippett, a police spokesman, adding that the department could not disclose details of the suspension.
Sources familiar with Chavez's situation, however, said he is under investigation for an episode last month in which it's alleged he was intoxicated and perhaps displayed a handgun. The two spoke on condition of anonymity because the incident remains under investigation.
Attempts to identify a phone number for Chavez, 31, were unsuccessful, and a county attorney representing him in a civil case stemming from the accident did not return a phone call seeking comment.
In December 2007, Chavez struck a car driven by Brian Gray, 20, who had pulled out in front of him at a Bowie intersection. In a sworn deposition, Chavez later acknowledged drinking "three, four" beers the night before the early-morning accident and sleeping on a friend's couch.
Last month, he was issued a speeding ticket after State's Attorney Glenn F. Ivey said there was not enough evidence to charge Chavez with vehicular manslaughter, which in Maryland requires proving that a driver acted with "gross negligence," one of the highest such standards in the country. An internal police investigation that could result in administrative action against Chavez began after Ivey completed his criminal review.
County police officers received an internal e-mail at 11:32 p.m. Monday saying that "effective immediately, the police powers of Corporal Mario Chavez . . . have been suspended." The e-mail resembles standard notices distributed when officers are involved in departmental shootings or other events that require them to be placed on administrative leave. The e-mails direct that those who are suspended be prohibited from entering police facilities.
Chavez "was suspended, but it was unrelated to the prior event," said Officer Henry Tippett, a police spokesman, adding that the department could not disclose details of the suspension.
Sources familiar with Chavez's situation, however, said he is under investigation for an episode last month in which it's alleged he was intoxicated and perhaps displayed a handgun. The two spoke on condition of anonymity because the incident remains under investigation.
Attempts to identify a phone number for Chavez, 31, were unsuccessful, and a county attorney representing him in a civil case stemming from the accident did not return a phone call seeking comment.
In December 2007, Chavez struck a car driven by Brian Gray, 20, who had pulled out in front of him at a Bowie intersection. In a sworn deposition, Chavez later acknowledged drinking "three, four" beers the night before the early-morning accident and sleeping on a friend's couch.
Last month, he was issued a speeding ticket after State's Attorney Glenn F. Ivey said there was not enough evidence to charge Chavez with vehicular manslaughter, which in Maryland requires proving that a driver acted with "gross negligence," one of the highest such standards in the country. An internal police investigation that could result in administrative action against Chavez began after Ivey completed his criminal review.
Officer Kenneth Freeman Accused of Assaulting 71-year old Seeks Appeal
The Chattanooga City Council will hear an appeal from the city police officer accused of assaulting a 71-year-old Wal-Mart greeter on Christmas Eve.
Officer Kenneth Freeman was demoted from detective to a patrol position and suspended for 28 days without pay late last month after an internal affairs investigation found he used excessive force, engaged in conduct unbecoming an officer and followed improper procedures.
The greeter, Bill Walker, touched Officer Freeman on the arm after asking to see his receipt and not getting a response, according to reports. Officer Freeman, who was shopping while on duty Christmas Eve, is accused of pushing Mr. Walker to the ground, then standing over him and shouting at him.
The City Council hearing will be held March 9, and the officer is expected to seek relief from the demotion and loss of pay.
On Monday, Mr. Walker filed a $21 million federal lawsuit against Mr. Freeman and the city of Chattanooga.
The Tennessee Bureau of Investigation is conducting a criminal probe into the matter.
________________
http://www.chattanoogapulse.com/pulseblog/43-notes-from-the-editor/534-det-freeman-to-appeal-suspension
Officer Kenneth Freeman was demoted from detective to a patrol position and suspended for 28 days without pay late last month after an internal affairs investigation found he used excessive force, engaged in conduct unbecoming an officer and followed improper procedures.
The greeter, Bill Walker, touched Officer Freeman on the arm after asking to see his receipt and not getting a response, according to reports. Officer Freeman, who was shopping while on duty Christmas Eve, is accused of pushing Mr. Walker to the ground, then standing over him and shouting at him.
The City Council hearing will be held March 9, and the officer is expected to seek relief from the demotion and loss of pay.
On Monday, Mr. Walker filed a $21 million federal lawsuit against Mr. Freeman and the city of Chattanooga.
The Tennessee Bureau of Investigation is conducting a criminal probe into the matter.
________________
http://www.chattanoogapulse.com/pulseblog/43-notes-from-the-editor/534-det-freeman-to-appeal-suspension
Feds Investigate old Allegations that Chicago Police Tortured Murder Suspects
Federal prosecutors continue to investigate decades-old allegations that Chicago police routinely tortured murder suspects, focusing on a half-dozen detectives following the recent indictment of former Cmdr. Jon Burge, the alleged ringleader, sources said.
Subpoenas served on the city show that prosecutors are looking at detectives long linked to Burge and the South Side precincts where he worked mostly during the 1980s. Among them: former Sgt. John Byrne, considered Burge's right-hand man, and former detective Peter Dignan.
It is not surprising that the investigation has widened beyond Burge. Last October, when prosecutors announced Burge's indictment on perjury and obstruction of justice charges, U.S. Atty. Patrick Fitzgerald said the charges "should serve as a warning" to those officers who worked for him and took part in alleged brutality.
"If their lifeline is to hang on a perceived code of silence, they may be hanging on air," said Fitzgerald, cautioning other officers could be hit with similar charges.
Now a clearer picture is emerging of where the investigation is heading. Prosecutors are looking for medical records or testimony by a doctor to corroborate claims of brutality, the sources said, and want to avoid pitting the testimony of a former inmate against that of an officer.
A case in point is Andrew Wilson, who was convicted of killing two police officers after giving a confession that Burge and his men allegedly coerced. Wilson contended he was beaten and shocked and forced to press his chest and abdomen to a hot radiator. He died in prison in 2007.
Last month prosecutors asked a judge to allow them to use Wilson's testimony from previous hearings and civil proceedings at Burge's upcoming trial.
The Chicago Police Board found Burge guilty in 1983 of violating department rules, a determination that ultimately led to his firing a decade later. Wilson's facial injuries and burn marks had been photographed by jail personnel and doctors following his 1982 arrest. The supervising physician at the Cook County Jail, John Raba, even wrote the police superintendent asking for an investigation.
"Dr. Raba and other witnesses who participated in the examination and/or treatment of Wilson have been located and are available to testify at trial," said last month's filing.
Federal authorities have also interviewed Gregory Banks, who says Byrne and Dignan and other detectives placed a plastic bag over his head to force him to confess in 1983 to a murder.
The Illinois Appellate Court ruled that his confession had been obtained through brutality and awarded him a new trial after Banks had spent 7 years in prison.
Banks later won $92,000 from the city after filing a federal civil rights lawsuit.
Lawyer Flint Taylor, who represents Banks as well as other alleged torture victims, said prosecutors have interviewed a number of his clients.
"We've had contact with the U.S. attorney and presented several of our clients for interviews," he said. "It's my sense that they're doing a very aggressive and a thorough investigation with regard to some of Burge's midnight crew."
"We're hopeful there will be indictments brought against them and others," he added.
Dignan could not be reached Tuesday for comment. Byrne, who is a private detective in the south suburbs, said he was not surprised that federal prosecutors would focus on Burge's midnight shift officers.
"They're going to do what they feel is necessary," said Byrne, who indicated he has not been contacted by authorities. "They're going to be looking at everyone who was working then."
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http://www.chicagotribune.com
Subpoenas served on the city show that prosecutors are looking at detectives long linked to Burge and the South Side precincts where he worked mostly during the 1980s. Among them: former Sgt. John Byrne, considered Burge's right-hand man, and former detective Peter Dignan.
It is not surprising that the investigation has widened beyond Burge. Last October, when prosecutors announced Burge's indictment on perjury and obstruction of justice charges, U.S. Atty. Patrick Fitzgerald said the charges "should serve as a warning" to those officers who worked for him and took part in alleged brutality.
"If their lifeline is to hang on a perceived code of silence, they may be hanging on air," said Fitzgerald, cautioning other officers could be hit with similar charges.
Now a clearer picture is emerging of where the investigation is heading. Prosecutors are looking for medical records or testimony by a doctor to corroborate claims of brutality, the sources said, and want to avoid pitting the testimony of a former inmate against that of an officer.
A case in point is Andrew Wilson, who was convicted of killing two police officers after giving a confession that Burge and his men allegedly coerced. Wilson contended he was beaten and shocked and forced to press his chest and abdomen to a hot radiator. He died in prison in 2007.
Last month prosecutors asked a judge to allow them to use Wilson's testimony from previous hearings and civil proceedings at Burge's upcoming trial.
The Chicago Police Board found Burge guilty in 1983 of violating department rules, a determination that ultimately led to his firing a decade later. Wilson's facial injuries and burn marks had been photographed by jail personnel and doctors following his 1982 arrest. The supervising physician at the Cook County Jail, John Raba, even wrote the police superintendent asking for an investigation.
"Dr. Raba and other witnesses who participated in the examination and/or treatment of Wilson have been located and are available to testify at trial," said last month's filing.
Federal authorities have also interviewed Gregory Banks, who says Byrne and Dignan and other detectives placed a plastic bag over his head to force him to confess in 1983 to a murder.
The Illinois Appellate Court ruled that his confession had been obtained through brutality and awarded him a new trial after Banks had spent 7 years in prison.
Banks later won $92,000 from the city after filing a federal civil rights lawsuit.
Lawyer Flint Taylor, who represents Banks as well as other alleged torture victims, said prosecutors have interviewed a number of his clients.
"We've had contact with the U.S. attorney and presented several of our clients for interviews," he said. "It's my sense that they're doing a very aggressive and a thorough investigation with regard to some of Burge's midnight crew."
"We're hopeful there will be indictments brought against them and others," he added.
Dignan could not be reached Tuesday for comment. Byrne, who is a private detective in the south suburbs, said he was not surprised that federal prosecutors would focus on Burge's midnight shift officers.
"They're going to do what they feel is necessary," said Byrne, who indicated he has not been contacted by authorities. "They're going to be looking at everyone who was working then."
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http://www.chicagotribune.com
Officer Linda Coulimore Arrest Doesn't Shock Neighbors
MEAD, Colo.
Neighbors of a former Longmont police officer accused of stealing a pain medication pump from the hospital room of an Iraq war vet said they're not surprised.
They said officers have been called to the woman's house several times.
None of those neighbors wanted to talk on camera because of fear of retribution from the suspect's sons.
But several people have said that Linda Coulimore is a single mom with two teenage boys who have been accused of causing problems in the neighborhood.
When asked what kinds of problems, one neighbor responded, "Car vandalism and just torment. I know they've tormented other children."
Another neighbor said Coulimore was setting a bad example for her children.
Coulimore is accused of walking into a patient's room at Presbyterian/St. Luke's Medical Center in Denver and taking a pain medication pump that was being used by an Iraq war vet who had just undergone surgery.
Denver police distributed photographs of the alleged thief which were captured by the hospital's security camera system.
Police department spokesman Sonny Jackson said that after Coulimore was identified as a possible suspect, authorities issued an arrest warrant. Weld County deputies executed the warrant and arrested Coulimore at her home in Mead on Friday.
"We've seen police cars at that house numerous times," said one neighbor. "The only surprise is that it was for her this time and not her sons."
Coulimore has since bonded out of jail.
A spokeswoman for the Denver district attorney said formal charges will likely be filed against the suspect later this week.
An individual inside Coulimore's house declined to answer the door when I rang the doorbell seeking comment.
One of the woman's sons told 7NEWS, Saturday, that the image of a woman captured by the hospital's security camera was not his mom's.
Long time Mead resident Gerald Boos told 7NEWS, "I think it's terrible," that someone stole much needed pain medication from a veteran.
Boos said it's hard to understand that a former police officer is accused.
"That makes it even worse in my estimation," Boos said.
Coulimore was an officer at the Longmont police department from 1981 to 1995.
Information: http://www.thedenverchannel.com/news/18626570/detail.html#-
Tuesday, February 03, 2009
Officer D.J Guitierrez Relieved of Duty for Inappropriate Behavior
HOUSTON
It has happened again. Houston Police Department officials confirm for the third time this year another Houston police officer has been relieved of duty for inappropriate behavior.
HPD Spokesman John Cannon says officer D.J. Guitierrez has been relieved of duty from the department as of Jan. 21. Cannon would only say Guitierez is being investigated for his conduct.
The officer works in HPD's vehicular crimes division. It was earlier this year when two HPD officers also found themselves under investigation for sexual assault.
It has happened again. Houston Police Department officials confirm for the third time this year another Houston police officer has been relieved of duty for inappropriate behavior.
HPD Spokesman John Cannon says officer D.J. Guitierrez has been relieved of duty from the department as of Jan. 21. Cannon would only say Guitierez is being investigated for his conduct.
The officer works in HPD's vehicular crimes division. It was earlier this year when two HPD officers also found themselves under investigation for sexual assault.
Family Sues After 14-year-old Tasered in Jail
KENORA, Ontario
The father of a 14-year-old girl from a remote Ontario First Nation is suing the OPP, claiming his daughter was shocked with a Taser while in jail.
The father alleges she was stunned because she wouldn't stop scratching at the paint inside her jail cell in Sioux Lookout.
The girl -- identified only as Jane Doe -- was being held inside the cell last July for undisclosed reasons.
Court documents say she was not intoxicated, hysterical, excited or presenting a danger in any way.
The lawsuit alleges two officers went in the cell, "violently" pulled her to the floor and applied the Taser to her thigh for three to five seconds.
None of the allegations have been proven in court.
Her family wants $500,000 in damages, claiming the incident left her with numbness in her leg and "ongoing mental distress."
The lawsuit also calls for an order that would prohibit the use of stun guns on minors except in cases where a life is clearly at risk.
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http://www.canada.com/news/police+sued+after+teen+girl+Tasered/1245695/story.html
The father of a 14-year-old girl from a remote Ontario First Nation is suing the OPP, claiming his daughter was shocked with a Taser while in jail.
The father alleges she was stunned because she wouldn't stop scratching at the paint inside her jail cell in Sioux Lookout.
The girl -- identified only as Jane Doe -- was being held inside the cell last July for undisclosed reasons.
Court documents say she was not intoxicated, hysterical, excited or presenting a danger in any way.
The lawsuit alleges two officers went in the cell, "violently" pulled her to the floor and applied the Taser to her thigh for three to five seconds.
None of the allegations have been proven in court.
Her family wants $500,000 in damages, claiming the incident left her with numbness in her leg and "ongoing mental distress."
The lawsuit also calls for an order that would prohibit the use of stun guns on minors except in cases where a life is clearly at risk.
____________
http://www.canada.com/news/police+sued+after+teen+girl+Tasered/1245695/story.html
Judge Jess Harris Must Face Trial for Indecent Exposure
TULSA
Tulsa County District Judge Jesse Harris must face trial on a felony count of indecent exposure, an Osage County judge ruled Monday.
District Judge M. John Kane IV indicated that after "having carefully considered the law and the evidence,” he found sufficient evidence to order Harris to trial.
Kane set a March 3 arraignment for Harris, at a time and place to be determined by a new judge who is likely to be assigned by state Supreme Court Chief Justice James Edmondson.
According to state statute, a judge who conducts a preliminary hearing shall not also handle the trial "except with the consent of all parties.”
Allen Smallwood, one of Harris’ defense lawyers, said a different judge will handle a trial in the case.
What’s alleged?
Harris, 54, was charged April 24 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.
Kane got the case in May after Tulsa County presiding District Judge Michael Gassett asked then-Supreme Court Chief Justice James Winchester to assign a judge from outside the judicial district.
Harris did not testify at the preliminary hearing, which ended Friday.
One contention of defense lawyers is that Washington County prosecutors, assigned to handle the case, overcharged Harris when they filed two counts — one involving each accuser — for a single alleged act.
Kane said Harris will be tried on one count, which will cover allegations involving both women.
One accuser was Harris’ former girlfriend. The other was sentenced to prison in July on two felony DUI charges.
Lawyers for Harris have focused considerable attention in court on challenging the credibility of the two women.
‘Critical’ witness
Also Monday, lawyers in the case agreed to take a deposition this week from a woman who was arrested Friday on a warrant issued when she failed to attend court to testify.
Rosa Luevano was a cleaning worker who saw people in the parking lot and who was subpoenaed as a "critical” witness for the defense, Smallwood said previously.
After her arrest, Luevano was released on a personal recognizance bond and an electronic monitor.
Previous Post:
http://whathappenedtoprotectandserve.blogspot.com/2008/04/tulsa-judge-under-investigation-for.html
Tulsa County District Judge Jesse Harris must face trial on a felony count of indecent exposure, an Osage County judge ruled Monday.
District Judge M. John Kane IV indicated that after "having carefully considered the law and the evidence,” he found sufficient evidence to order Harris to trial.
Kane set a March 3 arraignment for Harris, at a time and place to be determined by a new judge who is likely to be assigned by state Supreme Court Chief Justice James Edmondson.
According to state statute, a judge who conducts a preliminary hearing shall not also handle the trial "except with the consent of all parties.”
Allen Smallwood, one of Harris’ defense lawyers, said a different judge will handle a trial in the case.
What’s alleged?
Harris, 54, was charged April 24 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.
Kane got the case in May after Tulsa County presiding District Judge Michael Gassett asked then-Supreme Court Chief Justice James Winchester to assign a judge from outside the judicial district.
Harris did not testify at the preliminary hearing, which ended Friday.
One contention of defense lawyers is that Washington County prosecutors, assigned to handle the case, overcharged Harris when they filed two counts — one involving each accuser — for a single alleged act.
Kane said Harris will be tried on one count, which will cover allegations involving both women.
One accuser was Harris’ former girlfriend. The other was sentenced to prison in July on two felony DUI charges.
Lawyers for Harris have focused considerable attention in court on challenging the credibility of the two women.
‘Critical’ witness
Also Monday, lawyers in the case agreed to take a deposition this week from a woman who was arrested Friday on a warrant issued when she failed to attend court to testify.
Rosa Luevano was a cleaning worker who saw people in the parking lot and who was subpoenaed as a "critical” witness for the defense, Smallwood said previously.
After her arrest, Luevano was released on a personal recognizance bond and an electronic monitor.
Previous Post:
http://whathappenedtoprotectandserve.blogspot.com/2008/04/tulsa-judge-under-investigation-for.html
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
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.
___________________
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.
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.
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
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.
___________
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.
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
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 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.
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 ComplaintStevenson’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.
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