FRESNO, Calif.
Police are investigating the arrest of a homeless man after a video showed one officer striking the man as another officer restrained him.
The two officers have been put on desk duty. Police Chief Jerry Dyer said the officers' report said 52-year-old Glen Beaty was combative and intoxicated and he struck one officer in the arm.
The video made Monday by a bystander was shown on KSEE 24 in Fresno. It shows Beaty lying on his side on the ground being punched in the face at least five times.
Dyer says the recording is troubling but it's too early to determine whether the officers' actions were appropriate for the situation.
In another videotape case, a New York City police officer pleaded not guilty Wednesday to using excessive force on a man he was arresting last July.
The video obtained by his supervisors showed 43-year-old David London beating Army veteran Walter Harvin with a baton after he entered a city building without identification. The charge against Harvin was dropped.
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http://www.mercurynews.com/news/ci_11688754
Wednesday, February 11, 2009
Former Officer Rolando Balanos Jr Charged with Bank Robbery
The son of Hialeah's former police chief was arrested Wednesday morning, two days after he is accused of robbing a bank, according to detectives.
Rolando A. Bolaños Jr., a former police officer himself, was charged with the strong arm bank robbery of a Bank Atlantic in Hialeah -- a city where he's well known by police, politicians and attorneys.
Police said the former cop walked into the bank with a black baseball cap hanging low over his face, and then he handed the bank teller a note demanding money. He walked out with a stack of cash and rolled away in his black Mercedes Benz.
The married 36-year-old is the son of former Hialeah Police Chief Rolando Bolaños Sr., a man who was famous for single-handedly stopping bank robbers in 1996.
His voluntary arrest comes five years after his last run-in with the law, when the Hialeah police discovered Bolaños failed to disclose a grand theft auto charge when he applied for the department. The officer narrowly escaped misdemeanor charges by surrendering his police certification on Jan. 5, 2004.
A year earlier, the police chief's other son, Daniel Bolaños, resigned from the police department as well. He and his brother were arrested for a 1998 police brutality incident, and Daniel Bolaños later resigned under pressure from Miami-Dade prosecutors, who agreed to drop the two felony official misconduct counts.
After another joint police beating in April 2003, a jury found both brothers violated a man's civil rights when they beat him during an arrest.
Daniel Bolaños' defense attorney at the time, Michael Band, said his client's decision to leave law enforcement took a toll on other family members.
Family members did not say what toll Rolando Bolaños' recent arrest warrant would take on the family.
Daniel Bolaños, who was contacted Wednesday morning, sighed heavily into his phone's receiver as he said he already knew the purpose of the call.
''Right now, I have no comment,'' he said slowly, without changing a single tone in his voice.
He asked to be called later in the day.
According to Hialeah police spokesman Detective Carl Zogby, Bolaños used his own car to drive to and from the bank at 7775 W. 33rd Ave., and police tracked him down by identifying his license plate.
Wednesday morning, detectives got in contact with Bolaños Jr. or someone close to him and arranged an arrest by 10:50 a.m.
However, Hialeah Councilman José Caragol said anyone who would have seen Bolaños would have recognized him.
''He's easy to find. Everyone knows who and where his wife and kids are,'' he said.
Caragol, who served as the city's spokesman for more than two decades while Bolaños' father was police chief, said the chief took great care in raising his kids -- and that the bank robbery charge was a shame.
The former police chief once had an impeccable record with the Florida Department of Law Enforcement, and during the violent and chaotic 1980s, he ran Hialeah's police department with an iron fist.
Years later, Bolaños Sr. admitted to lying under oath when he told prosecutors he did not know about his son's 1989 arrest for auto theft, which later caused his son trouble when he was accused of lying on his application to the police department.
At the time, the chief told a prosecutor, ``If it came down to saving my son or telling the truth, I would have been happy to lie.''
Bolaños Sr. was Hialeah's first Hispanic police chief, and he briefly gained fame for arresting three bank robbers who happened to rob a Hialeah bank just as he drove by it.
Rolando A. Bolaños Jr., a former police officer himself, was charged with the strong arm bank robbery of a Bank Atlantic in Hialeah -- a city where he's well known by police, politicians and attorneys.
Police said the former cop walked into the bank with a black baseball cap hanging low over his face, and then he handed the bank teller a note demanding money. He walked out with a stack of cash and rolled away in his black Mercedes Benz.
The married 36-year-old is the son of former Hialeah Police Chief Rolando Bolaños Sr., a man who was famous for single-handedly stopping bank robbers in 1996.
His voluntary arrest comes five years after his last run-in with the law, when the Hialeah police discovered Bolaños failed to disclose a grand theft auto charge when he applied for the department. The officer narrowly escaped misdemeanor charges by surrendering his police certification on Jan. 5, 2004.
A year earlier, the police chief's other son, Daniel Bolaños, resigned from the police department as well. He and his brother were arrested for a 1998 police brutality incident, and Daniel Bolaños later resigned under pressure from Miami-Dade prosecutors, who agreed to drop the two felony official misconduct counts.
After another joint police beating in April 2003, a jury found both brothers violated a man's civil rights when they beat him during an arrest.
Daniel Bolaños' defense attorney at the time, Michael Band, said his client's decision to leave law enforcement took a toll on other family members.
Family members did not say what toll Rolando Bolaños' recent arrest warrant would take on the family.
Daniel Bolaños, who was contacted Wednesday morning, sighed heavily into his phone's receiver as he said he already knew the purpose of the call.
''Right now, I have no comment,'' he said slowly, without changing a single tone in his voice.
He asked to be called later in the day.
According to Hialeah police spokesman Detective Carl Zogby, Bolaños used his own car to drive to and from the bank at 7775 W. 33rd Ave., and police tracked him down by identifying his license plate.
Wednesday morning, detectives got in contact with Bolaños Jr. or someone close to him and arranged an arrest by 10:50 a.m.
However, Hialeah Councilman José Caragol said anyone who would have seen Bolaños would have recognized him.
''He's easy to find. Everyone knows who and where his wife and kids are,'' he said.
Caragol, who served as the city's spokesman for more than two decades while Bolaños' father was police chief, said the chief took great care in raising his kids -- and that the bank robbery charge was a shame.
The former police chief once had an impeccable record with the Florida Department of Law Enforcement, and during the violent and chaotic 1980s, he ran Hialeah's police department with an iron fist.
Years later, Bolaños Sr. admitted to lying under oath when he told prosecutors he did not know about his son's 1989 arrest for auto theft, which later caused his son trouble when he was accused of lying on his application to the police department.
At the time, the chief told a prosecutor, ``If it came down to saving my son or telling the truth, I would have been happy to lie.''
Bolaños Sr. was Hialeah's first Hispanic police chief, and he briefly gained fame for arresting three bank robbers who happened to rob a Hialeah bank just as he drove by it.
Officer David London Accused of Beating Suspect
Last July, Police Officer David London arrested a man in the Upper West Side building where he lived with his mother, accusing him of resisting arrest and disorderly conduct.
But the building’s surveillance video told a different story, District Attorney Robert M. Morgenthau said Wednesday.
It showed Officer London pulling the man out of an elevator, Mr. Morgenthau said, and beating him 18 to 20 times with a baton. The beating continued even after the man, Walter Harvin, fell to the ground, Mr. Morgenthau said. And even after Mr. Harvin was in handcuffs, Officer London delivered another eight to 10 blows, some with his feet, Mr. Morgenthau said.
Officer London, 43, has been indicted on charges of assault and filing false records and pleaded not guilty on Wednesday in State Supreme Court in Manhattan. He was released without bail. If convicted he faces up to seven years in prison.
Stephen C. Worth, his lawyer, said Officer London “maintains his innocence strenuously.”
Mr. Worth said his client was a 16-year veteran of the force assigned to a housing unit and is married with three children. He also has an exemplary record as a police officer, Mr. Worth added.
Daniel J. Castleman, the chief assistant district attorney, said, “We will dispute that,” but he declined to give details.
Mr. Worth said it was important to put the video of the beating in the context of what happened before and after it was captured.
“Oftentimes the videotape is the beginning of the story, not the end,” Mr. Worth said.
Several officers have been indicted in recent months after videos contradicted their accounts of how they made arrests. In December an officer was indicted on assault and other charges after a video showed him shoving a bicyclist in Times Square. Last month two undercover narcotics officers were charged with lying about a drug sting after a nightclub video showed they had had no contact with four men they arrested. Prosecutors dropped charges against the bicyclist and the four men after the videos came to light.
In Officer London’s case, prosecutors said they could not release the video, which came from surveillance cameras, to the public because it was part of the evidence. But they said it captured the episode in detail.
The confrontation took place on July 28, 2008, when Mr. Harvin, 29, an Iraq war veteran, was trying to get into his apartment building, a public housing project, at 93rd Street and Amsterdam Avenue, Mr. Morgenthau said. Officer London stopped him and asked for his identification. Mr. Harvin did not have any, nor did he have his key to the building, Mr. Morgenthau said, and he got into a shoving match with Officer London.
Mr. Harvin made it to the elevator, where the assault began, Mr. Morgenthau said. Mr. Harvin was arrested on charges of resisting arrest and disorderly conduct, but prosecutors dropped the charges last September after the surveillance video contradicted Officer London’s account.
Mr. Harvin suffered bruises and welts on his arms, back and head, Mr. Morgenthau said. Afterward, Mr. Harvin became homeless and drifted about the country, and prosecutors could not find him, Mr. Morgenthau said. But a lawyer representing Mr. Harvin informed the district attorney’s office Wednesday that he was back in New York.
“He’s a fragile person," said the lawyer, Adam Orlow, who added that Mr. Harvin suffered post-traumatic stress disorder from his time in Iraq. “He became only worse after this incident.”
He said he would file a civil rights lawsuit in federal court in Manhattan within the next two weeks.
Officer London was placed on modified duty shortly after the episode and was suspended without pay because of the indictment.
But the building’s surveillance video told a different story, District Attorney Robert M. Morgenthau said Wednesday.
It showed Officer London pulling the man out of an elevator, Mr. Morgenthau said, and beating him 18 to 20 times with a baton. The beating continued even after the man, Walter Harvin, fell to the ground, Mr. Morgenthau said. And even after Mr. Harvin was in handcuffs, Officer London delivered another eight to 10 blows, some with his feet, Mr. Morgenthau said.
Officer London, 43, has been indicted on charges of assault and filing false records and pleaded not guilty on Wednesday in State Supreme Court in Manhattan. He was released without bail. If convicted he faces up to seven years in prison.
Stephen C. Worth, his lawyer, said Officer London “maintains his innocence strenuously.”
Mr. Worth said his client was a 16-year veteran of the force assigned to a housing unit and is married with three children. He also has an exemplary record as a police officer, Mr. Worth added.
Daniel J. Castleman, the chief assistant district attorney, said, “We will dispute that,” but he declined to give details.
Mr. Worth said it was important to put the video of the beating in the context of what happened before and after it was captured.
“Oftentimes the videotape is the beginning of the story, not the end,” Mr. Worth said.
Several officers have been indicted in recent months after videos contradicted their accounts of how they made arrests. In December an officer was indicted on assault and other charges after a video showed him shoving a bicyclist in Times Square. Last month two undercover narcotics officers were charged with lying about a drug sting after a nightclub video showed they had had no contact with four men they arrested. Prosecutors dropped charges against the bicyclist and the four men after the videos came to light.
In Officer London’s case, prosecutors said they could not release the video, which came from surveillance cameras, to the public because it was part of the evidence. But they said it captured the episode in detail.
The confrontation took place on July 28, 2008, when Mr. Harvin, 29, an Iraq war veteran, was trying to get into his apartment building, a public housing project, at 93rd Street and Amsterdam Avenue, Mr. Morgenthau said. Officer London stopped him and asked for his identification. Mr. Harvin did not have any, nor did he have his key to the building, Mr. Morgenthau said, and he got into a shoving match with Officer London.
Mr. Harvin made it to the elevator, where the assault began, Mr. Morgenthau said. Mr. Harvin was arrested on charges of resisting arrest and disorderly conduct, but prosecutors dropped the charges last September after the surveillance video contradicted Officer London’s account.
Mr. Harvin suffered bruises and welts on his arms, back and head, Mr. Morgenthau said. Afterward, Mr. Harvin became homeless and drifted about the country, and prosecutors could not find him, Mr. Morgenthau said. But a lawyer representing Mr. Harvin informed the district attorney’s office Wednesday that he was back in New York.
“He’s a fragile person," said the lawyer, Adam Orlow, who added that Mr. Harvin suffered post-traumatic stress disorder from his time in Iraq. “He became only worse after this incident.”
He said he would file a civil rights lawsuit in federal court in Manhattan within the next two weeks.
Officer London was placed on modified duty shortly after the episode and was suspended without pay because of the indictment.
Officer Melissa Daniels Reprimanded Before Taser Death
The Soddy-Daisy police officer who used a Taser to stun a man who later died was reprimanded by the former police chief for her “inability to perform (her) duties as an officer” before that incident.
The undated letter, contained in Officer Melissa Daniels’ personnel file, states that her attention to detail and job performance had deteriorated to the point that she was inefficient in her job. The letter is signed by Officer Daniels and then-police chief David Loftis.
Officer Daniels’ personnel file contains no further explanation of what prompted Chief Loftis to write the letter.
The officer could not be reached for comment Tuesday. Chief Phillip Hamrick said she took a day off and would not be available.
On Jan. 4, Officer Daniels responded to a disturbance call at 9921 Dayton Pike. The police report stated that 52-year-old Roger Redden would not cooperate with officers and continued to struggle, so he was shot with a stun gun. He went into a coma and died 18 days later.
According to the police department’s policy on Tasers, “trained officers must go through annual retraining courses taught by a certified instructor in order to carry and deploy the Taser Device.” The policy was created June 9, 2008, and expires June 9 this year.
Officer Daniels received Taser training Aug. 13, 2004, through the Cleveland State Police Academy. She was trained again on Jan. 24 and passed the requirement of the Soddy-Daisy Police Department, according to a certificate in her personnel file. Her file does not contain any other Taser training certifications.
Officer Daniels was sworn into the Soddy-Daisy police department March 2, 2007. The reprimand’s letterhead shows that Bob Privett was mayor at the time. Current Mayor Gene Shipley took over in November 2007.
Mr. Privett, now the vice mayor, said he did not know about the reprimand letter in Officer Daniels’ file. He said commission members should have been informed once the reprimand was written.
“I think that all the commission should be made aware once we’ve had and have had complaints on the officer,” he said. “But we shouldn’t be in the decision-making process of the chief’s decision to reprimand.”
Mr. Loftis could not be reached for comment. His resignation as chief took effect Jan. 15.
Officer Daniels previously worked in Red Bank as an officer but quit because she disagreed “with officers being treated bad by ranked officers,” she wrote on her Soddy-Daisy application.
The Hamilton County Sheriff’s Office is continuing its investigation into the stun incident.
Chief Hamrick has said Officer Daniels will not be available for comment because of the pending investigation.
The undated letter, contained in Officer Melissa Daniels’ personnel file, states that her attention to detail and job performance had deteriorated to the point that she was inefficient in her job. The letter is signed by Officer Daniels and then-police chief David Loftis.
Officer Daniels’ personnel file contains no further explanation of what prompted Chief Loftis to write the letter.
The officer could not be reached for comment Tuesday. Chief Phillip Hamrick said she took a day off and would not be available.
On Jan. 4, Officer Daniels responded to a disturbance call at 9921 Dayton Pike. The police report stated that 52-year-old Roger Redden would not cooperate with officers and continued to struggle, so he was shot with a stun gun. He went into a coma and died 18 days later.
According to the police department’s policy on Tasers, “trained officers must go through annual retraining courses taught by a certified instructor in order to carry and deploy the Taser Device.” The policy was created June 9, 2008, and expires June 9 this year.
Officer Daniels received Taser training Aug. 13, 2004, through the Cleveland State Police Academy. She was trained again on Jan. 24 and passed the requirement of the Soddy-Daisy Police Department, according to a certificate in her personnel file. Her file does not contain any other Taser training certifications.
Officer Daniels was sworn into the Soddy-Daisy police department March 2, 2007. The reprimand’s letterhead shows that Bob Privett was mayor at the time. Current Mayor Gene Shipley took over in November 2007.
Mr. Privett, now the vice mayor, said he did not know about the reprimand letter in Officer Daniels’ file. He said commission members should have been informed once the reprimand was written.
“I think that all the commission should be made aware once we’ve had and have had complaints on the officer,” he said. “But we shouldn’t be in the decision-making process of the chief’s decision to reprimand.”
Mr. Loftis could not be reached for comment. His resignation as chief took effect Jan. 15.
Officer Daniels previously worked in Red Bank as an officer but quit because she disagreed “with officers being treated bad by ranked officers,” she wrote on her Soddy-Daisy application.
The Hamilton County Sheriff’s Office is continuing its investigation into the stun incident.
Chief Hamrick has said Officer Daniels will not be available for comment because of the pending investigation.
Detective Heidi Fischer Accused of Street Racing While on Duty
Ontario Provincial Police officer had her licence pulled and her cruiser impounded after being accused of violating the province's street-racing law while on duty.
Ontario law allows police to speed in the execution of their duties, Inspector Dave Ross said. An officer was pulled over on Jan. 31 along Highway 403, clocked at 165 km/h in a 100 km/h zone, the OPP said yesterday. An investigation determined there was no call or assignment requiring the officer to drive that fast, Insp. Ross said.
Detective Constable Heidi Fischer was charged under the Highway Traffic Act on Friday with driving more than 50 km/h above the posted limit. Her unmarked police cruiser has been impounded for the week.
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More Information: http://www.thestar.com/News/Ontario/article/585595
Ontario law allows police to speed in the execution of their duties, Inspector Dave Ross said. An officer was pulled over on Jan. 31 along Highway 403, clocked at 165 km/h in a 100 km/h zone, the OPP said yesterday. An investigation determined there was no call or assignment requiring the officer to drive that fast, Insp. Ross said.
Detective Constable Heidi Fischer was charged under the Highway Traffic Act on Friday with driving more than 50 km/h above the posted limit. Her unmarked police cruiser has been impounded for the week.
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More Information: http://www.thestar.com/News/Ontario/article/585595
Strip Searching Inmates for Minor Offenses Ruled Unconstitutional
The policy of strip-searching inmates held for minor offenses at the Burlington and Essex County jails is unconstitutional, a federal judge ruled this month.
More than 10,000 people arrested for minor crimes have been strip-searched at the facilities since 2003, a practice that could end up costing the counties millions of dollars, said Susan Chana Lask, a New York lawyer suing the jails.
"They just think the law stops at their doors, and they can do whatever they want," Lask said. "I'm fighting it and winning it to make sure constitutional rights are not stripped away in prison."
Similar lawsuits are pending against other county jails in New Jersey. The Camden County jail agreed in 2007 to pay $7.5 million to as many as 20,000 people strip-searched while held on minor charges.
Lask's case grew out of a lawsuit she filed on behalf of Albert Florence, a New Jersey man arrested while driving on I-295 in Burlington County in 2005.
A police check revealed that he had an outstanding warrant in Essex County for failing to pay a court fine, even though Florence produced documentation to show the fine had been paid.
He was held in the Burlington County jail for six days before being transferred to the Essex County jail. Florence said he was strip-searched at both facilities.
Lask successfully argued to make the case a class action, encompassing anyone strip-searched at either jail since 2003 while held on minor, "non-indictable" charges.
Burlington County jail officials argued that their procedures for inmates held on such offenses amounted to a "visual observation" of their bodies, not the more intrusive strip-search required for serious offenders.
They said the inspection of the nude inmates was necessary to ensure they were not smuggling contraband, to identify gang members through tattoos, and to detect health issues, such as evidence of the MRSA virus.
But District Judge Joseph Rodriguez said subjecting those arrested for minor violations to a strip search was unconstitutional unless there was "reasonable suspicion" they were carrying contraband.
"Thus, a hypothetical priest or minister arrested for allegedly skimming the Sunday collection would be subjected to the same degrading procedure as a gang member arrested on an allegation of drug charges," Rodriguez wrote in his Feb. 4 opinion.
He called that an "unreasonable result" of the jail's policy.
Rodriguez said federal circuit courts had "split" in recent years over whether strip-searches without reasonable suspicions are unconstitutional.
J. Brooks DiDonato, an attorney for Burlington County, said he could not comment at length on the case.
"The county fully intends on appealing and defending the case vigorously," he said.
A spokesman for the county could not be reached yesterday evening.
Lask said typical settlements for plaintiffs in these cases range from $1,500 to $3,000 each. She said she hoped to have a jury trial soon to determine damages.
More than 10,000 people arrested for minor crimes have been strip-searched at the facilities since 2003, a practice that could end up costing the counties millions of dollars, said Susan Chana Lask, a New York lawyer suing the jails.
"They just think the law stops at their doors, and they can do whatever they want," Lask said. "I'm fighting it and winning it to make sure constitutional rights are not stripped away in prison."
Similar lawsuits are pending against other county jails in New Jersey. The Camden County jail agreed in 2007 to pay $7.5 million to as many as 20,000 people strip-searched while held on minor charges.
Lask's case grew out of a lawsuit she filed on behalf of Albert Florence, a New Jersey man arrested while driving on I-295 in Burlington County in 2005.
A police check revealed that he had an outstanding warrant in Essex County for failing to pay a court fine, even though Florence produced documentation to show the fine had been paid.
He was held in the Burlington County jail for six days before being transferred to the Essex County jail. Florence said he was strip-searched at both facilities.
Lask successfully argued to make the case a class action, encompassing anyone strip-searched at either jail since 2003 while held on minor, "non-indictable" charges.
Burlington County jail officials argued that their procedures for inmates held on such offenses amounted to a "visual observation" of their bodies, not the more intrusive strip-search required for serious offenders.
They said the inspection of the nude inmates was necessary to ensure they were not smuggling contraband, to identify gang members through tattoos, and to detect health issues, such as evidence of the MRSA virus.
But District Judge Joseph Rodriguez said subjecting those arrested for minor violations to a strip search was unconstitutional unless there was "reasonable suspicion" they were carrying contraband.
"Thus, a hypothetical priest or minister arrested for allegedly skimming the Sunday collection would be subjected to the same degrading procedure as a gang member arrested on an allegation of drug charges," Rodriguez wrote in his Feb. 4 opinion.
He called that an "unreasonable result" of the jail's policy.
Rodriguez said federal circuit courts had "split" in recent years over whether strip-searches without reasonable suspicions are unconstitutional.
J. Brooks DiDonato, an attorney for Burlington County, said he could not comment at length on the case.
"The county fully intends on appealing and defending the case vigorously," he said.
A spokesman for the county could not be reached yesterday evening.
Lask said typical settlements for plaintiffs in these cases range from $1,500 to $3,000 each. She said she hoped to have a jury trial soon to determine damages.
Sgt Pete Bunch Charged with Resisting Arrest
SPOKANE
Officials with the Spokane Police Department confirm they arrested a sergeant with the Spokane County Sheriff's Office after an incident Friday morning.
Sergeant Pete Bunch has been identified as the person involved in the incident.
It started when a police officer was called to a home in the 3200 block of East Marie Court on Friday by a woman who dialed 911 to report that a suspicious person was in her backyard.
Court documents say the first officer on scene stopped Sgt. Bunch in the street, but Bunch would not look at him and he appeared to be in a daze.
Police say Bunch was uncooperative and wouldn't answer questions, saying only that he was looking for his lost dog.
The report says the officer grabbed Bunch's wrist to arrest him but Bunch tried to wiggle free.
"There was a point the officer felt he couldn't control the situation and needed to bring his tazer out to effect the arrest. It was at that point that other officers arrived and they were able to take him into custody," Officer Jen DeRuwe of the Spokane Police Department said.
Sgt. Bunch was taken to the Spokane County Jail and booked on a count of Resisting Arrest and Obstructing an Officer. It was only after he was taken into custody that he was formally identified as a sergeant with the sheriff's office.
"They didn't know until they checked his pocket after he was arrested," Officer DeRuwe said.
Police said that Bunch probably would not have been arrested had he just cooperated with his fellow law enforcement officers.
Spokane County Sheriff Ozzie Knezovich says Bunch has been on the force 32 years.
"These charges of all things, I would expect better from a seasoned veteran," Sheriff Knezovich said.
Sheriff Knezovich says that Bunch has been placed on paid administrative leave and that there will be an internal investigation into his conduct once the criminal case is complete.
"The county doesn't have a system where we put people on unpaid status. It's all paid leave. I don't like that system, so I'm going to find a way to plug the sergeant into a position where he can work and the taxpayers can get some benefit for that pay," Sheriff Knezovich said.
The Sheriff also wanted to assure people that no one gets preferential treatment when it comes to the law.
"This agency will hold people accountable. You've seen me hold people accountable and nothing has changed," Sheriff Knezovich said.
Bunch has been in trouble before and was once demoted from lieutenant to sergeant. The sheriff would not comment on past disciplinary actions taken against Bunch.
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http://www.ktvb.com/news/regional/stories/ktvbn-feb1009-sheriff_arrest.27d3288.html
Tuesday, February 10, 2009
Ralph Alexander Files Lawsuit Against Officers
A scar on Ralph Alexander's leg is a constant reminder to the 80 year old Liberty Township man of what he says happened to him on November 18, 2006 when two Liberty police officers responded to a burglary call at his home.
According to a federal lawsuit filed by Alexander in 2007, he says the officers violated his constitutional rights by making a false arrest, using excessive force and malicious prosecution. Alexander says he was tasered by police officers, Chad McGarry and George Bednar, when he ran out of his house with a loaded shotgun and refused to put it down. His attorney says Alexander had a live shell in the chamber for the robber, and he was trying to get it out before he put the gun down.
"The upshot was hands were laid on him. He was tasered, and his leg was open up, and he had a kinda nasty injury," said his attorney, Michael Rossi.
Liberty's police chief says he believes his officers handled the matter properly. "There is no question they acted very prudently, more prudently than they really had to. We will have experts testify so we can resolve it once we get there," said Liberty Police Chief Rick Tisone.
Alexander was arrested shortly after the incident and charged with two charges of assault on a police officer. Those felony charges were filed against Ralph Alexander in Girard Municipal Court, but were later reduced to misdemeanors and then dismissed due to speedy trial issues.
The civil case filed by Alexander is expected to go to trial March 3.
According to a federal lawsuit filed by Alexander in 2007, he says the officers violated his constitutional rights by making a false arrest, using excessive force and malicious prosecution. Alexander says he was tasered by police officers, Chad McGarry and George Bednar, when he ran out of his house with a loaded shotgun and refused to put it down. His attorney says Alexander had a live shell in the chamber for the robber, and he was trying to get it out before he put the gun down.
"The upshot was hands were laid on him. He was tasered, and his leg was open up, and he had a kinda nasty injury," said his attorney, Michael Rossi.
Liberty's police chief says he believes his officers handled the matter properly. "There is no question they acted very prudently, more prudently than they really had to. We will have experts testify so we can resolve it once we get there," said Liberty Police Chief Rick Tisone.
Alexander was arrested shortly after the incident and charged with two charges of assault on a police officer. Those felony charges were filed against Ralph Alexander in Girard Municipal Court, but were later reduced to misdemeanors and then dismissed due to speedy trial issues.
The civil case filed by Alexander is expected to go to trial March 3.
Daniel Hackett III Suing Pittsburgh for Officers Using Excessive Force
A Mt. Lebanon man is suing the city of Pittsburgh and one of its police officers, claiming that he was shot with a Taser several times for no reason.
Daniel A. Hackett III, 42, claims that the incident began on March 15 after he received a citation for failing to use a left-turn signal while on the South Side.
After he parked his car, the lawsuit says that Mr. Hackett, an accountant, saw a person urinating on a building and was nearly hit by a vehicle that ran a red light.
"In the immediate vicinity of these events, was a City of Pittsburgh patrol car in which defendant [Edward] Cunningham was a passenger," the lawsuit said. "As Mr. Hackett passed the vehicle he stated words to the effect that 'look ... there's a red light runner and there's a guy [urinating] on a building and I get a ticket for not using my turn signal?' "
Mr. Hackett claims he then walked into a convenience store but that Officer Cunningham grabbed him from behind and demanded his identification. When he complied, the lawsuit said, he was forcibly moved to the front of the store, and Officer Cunningham had his Taser drawn, pointed at Mr. Hackett.
"When he questioned Officer Cunningham why he was writing a citation and requested that his badge number be placed on the citation, [Hackett] was suddenly, without warning, and without any reasonable basis for doing so, Tasered several times causing him to collapse to the sidewalk," the lawsuit said.
Mr. Hackett claims he was shot by the Taser several more times while down on the sidewalk.
During the arrest, the lawsuit alleges, Mr. Hackett heard Officer Cunningham say, "this guy is from Upper St. Clair and he thinks that he is better than us."
Following the incident, Mr. Hackett was transported to UPMC South Side, where he was treated for his injuries. He then was taken to the Allegheny County Jail until about 3 p.m. the next day.
He was charged with resisting arrest and disorderly conduct but was acquitted on Dec. 4.
Mr. Hackett is seeking more than $50,000 in damages.
City attorneys could not be reached yesterday evening.
Daniel A. Hackett III, 42, claims that the incident began on March 15 after he received a citation for failing to use a left-turn signal while on the South Side.
After he parked his car, the lawsuit says that Mr. Hackett, an accountant, saw a person urinating on a building and was nearly hit by a vehicle that ran a red light.
"In the immediate vicinity of these events, was a City of Pittsburgh patrol car in which defendant [Edward] Cunningham was a passenger," the lawsuit said. "As Mr. Hackett passed the vehicle he stated words to the effect that 'look ... there's a red light runner and there's a guy [urinating] on a building and I get a ticket for not using my turn signal?' "
Mr. Hackett claims he then walked into a convenience store but that Officer Cunningham grabbed him from behind and demanded his identification. When he complied, the lawsuit said, he was forcibly moved to the front of the store, and Officer Cunningham had his Taser drawn, pointed at Mr. Hackett.
"When he questioned Officer Cunningham why he was writing a citation and requested that his badge number be placed on the citation, [Hackett] was suddenly, without warning, and without any reasonable basis for doing so, Tasered several times causing him to collapse to the sidewalk," the lawsuit said.
Mr. Hackett claims he was shot by the Taser several more times while down on the sidewalk.
During the arrest, the lawsuit alleges, Mr. Hackett heard Officer Cunningham say, "this guy is from Upper St. Clair and he thinks that he is better than us."
Following the incident, Mr. Hackett was transported to UPMC South Side, where he was treated for his injuries. He then was taken to the Allegheny County Jail until about 3 p.m. the next day.
He was charged with resisting arrest and disorderly conduct but was acquitted on Dec. 4.
Mr. Hackett is seeking more than $50,000 in damages.
City attorneys could not be reached yesterday evening.
Lawsuit Claims Utah Officers Used Excessive Force
Jury selection begins tomorrow in federal court for a trial stemming from a lawsuit that claims excessive force involving a Taser.
It stems from a traffic stop June 10, 2005, when Utah Highway Patrol says Anthony Rogers was spotted driving with a broken tail light. Troopers say he subsequently ran a red light and was interrogated for possibly driving under the influence.
He failed his sobriety tests and was about to be arrested, but that's when Rogers' attorney Michael Studebaker says the story took a disturbing turn.
He says, "Through the video we learned that actually at different times the Utah Highway Patrol/Riverdale Police officer used a Taser multiple times on Anthony, including while he was in handcuffs and in the back of a trooper's car. They actually took him out of the vehicle to Taser him some more."
In total, Rogers claims he was tased four times. More specifically, dash-cam video shows Rogers being tased twice as he's restrained by three officers. Then later, he is pulled from a police cruiser after he yelled and hit his head against the window of the car. Rogers' testimony indicates he was tasered two more times.
UHP says it was the Riverdale officer who tased him, but a spokesman for the Utah Highway Patrol denies excessive force was used.
"He was belligerent. He would not respond to our officers' commands," says Sgt. Jeff Nigbur. "And that is when he was out of cuffs and also after the fact when he was cuffed."
Nigbur says Rogers then tried to escape several times. Studebaker believes he has indisputable video evidence. He says, "Definitely, the video's there. I don't know how they can say he's out of control or not in restraints. There's three different officers on him, and when they go to execute the Taser on him just the first time, they actually have to jump off of him."
Riverdale police are declining comment pending the outcome of the court case.
Rogers is suing for damages.
It stems from a traffic stop June 10, 2005, when Utah Highway Patrol says Anthony Rogers was spotted driving with a broken tail light. Troopers say he subsequently ran a red light and was interrogated for possibly driving under the influence.
He failed his sobriety tests and was about to be arrested, but that's when Rogers' attorney Michael Studebaker says the story took a disturbing turn.
He says, "Through the video we learned that actually at different times the Utah Highway Patrol/Riverdale Police officer used a Taser multiple times on Anthony, including while he was in handcuffs and in the back of a trooper's car. They actually took him out of the vehicle to Taser him some more."
In total, Rogers claims he was tased four times. More specifically, dash-cam video shows Rogers being tased twice as he's restrained by three officers. Then later, he is pulled from a police cruiser after he yelled and hit his head against the window of the car. Rogers' testimony indicates he was tasered two more times.
UHP says it was the Riverdale officer who tased him, but a spokesman for the Utah Highway Patrol denies excessive force was used.
"He was belligerent. He would not respond to our officers' commands," says Sgt. Jeff Nigbur. "And that is when he was out of cuffs and also after the fact when he was cuffed."
Nigbur says Rogers then tried to escape several times. Studebaker believes he has indisputable video evidence. He says, "Definitely, the video's there. I don't know how they can say he's out of control or not in restraints. There's three different officers on him, and when they go to execute the Taser on him just the first time, they actually have to jump off of him."
Riverdale police are declining comment pending the outcome of the court case.
Rogers is suing for damages.
Lt. Adrian Mascorro Arrested for DWI
A Brownsville police lieutenant was arrested last week and charged with driving while intoxicated, the Texas Department of Public Safety confirmed on Tuesday.
Lt. Adrian Mascorro on Friday night was driving a 2007 Chevrolet Avalanche on Expressway 77/83, just south of San Benito, when a trooper spotted him speeding, said DPS spokesman Johnny Hernandez.
The trooper noticed the possible presence of alcohol on Mascorro's breath and put him through a field sobriety test, Hernandez said.
"After the field sobriety test he was arrested for DWI," the spokesman said. "It's a state jail felony instead of a misdemeanor because he had a person in the vehicle under 15 years of age."
According to the DPS, a state jail felony carries a sentence of 180 days to a maximum of two years and an optional fine up to $10,000
Mascorro was travelling with his family at the time of the arrest.
He was transported to Carrizalez-Rucker Detention Center where he was booked at 1 a.m. Saturday and released approximately 3 a.m. on a $2,000 personal recognizance bond, said Cameron County Sheriff's Department Chief Deputy Gus Reyna.
Mascorro has been placed on administrative leave with pay until the matter is resolved, said Carlos Garcia, chief of the Brownsville Police Department. The police department will conduct an administrative investigation into the arrest pursuant to departmental policy, he added.
"Lt. Mascorro has expressed deep regret for this incident especially for his family and the department," Garcia said.
Lt. Adrian Mascorro on Friday night was driving a 2007 Chevrolet Avalanche on Expressway 77/83, just south of San Benito, when a trooper spotted him speeding, said DPS spokesman Johnny Hernandez.
The trooper noticed the possible presence of alcohol on Mascorro's breath and put him through a field sobriety test, Hernandez said.
"After the field sobriety test he was arrested for DWI," the spokesman said. "It's a state jail felony instead of a misdemeanor because he had a person in the vehicle under 15 years of age."
According to the DPS, a state jail felony carries a sentence of 180 days to a maximum of two years and an optional fine up to $10,000
Mascorro was travelling with his family at the time of the arrest.
He was transported to Carrizalez-Rucker Detention Center where he was booked at 1 a.m. Saturday and released approximately 3 a.m. on a $2,000 personal recognizance bond, said Cameron County Sheriff's Department Chief Deputy Gus Reyna.
Mascorro has been placed on administrative leave with pay until the matter is resolved, said Carlos Garcia, chief of the Brownsville Police Department. The police department will conduct an administrative investigation into the arrest pursuant to departmental policy, he added.
"Lt. Mascorro has expressed deep regret for this incident especially for his family and the department," Garcia said.
Sgt Darryl Storey Arrested for Collision that Killed 18-year-old Woman
THUNDER BAY, Ont.
An Ontario Provincial Police officer has been criminally charged in the death of an 18-year-old woman following a collision in northwestern Ontario last December.
Sgt. Darryl Storey was arrested Monday and faces one count of criminal negligence causing death and dangerous driving causing death in the Dec. 3, 2008 collision.
He has been released and set to appear in a Thunder Bay courtroom on March 5, said a Tuesday news release.
The crash occurred between a OPP cruiser driven by Storey and a car driven by Jasmine Veneruzzo on Highway 11 and Twin City Crossroads in Thunder Bay.
Veneruzzo, an 18-year-old Murillo, Ont., woman, died from the crash.
Storey was believed to be have been on a routine patrol at the time of the collision.
The charges come as a result of an investigation launched by the Special Investigations Unit, a provincial body that looks into cases involving police and civilians resulting in sex assault, serious injuries or death.
Meanwhile, earlier Tuesday, the OPPalso announced that another officer has been charged with street racing for driving 65 kilometres over the speed limit.
Police say Det. Const. Heidi Fischer was not within the lawful execution of her duties on Jan. 31 when Brant County OPP stopped her unmarked police vehicle on Highway 403 for driving 165 kilometres per hour in a 100 km/h zone.
Fischer, an OPP officer for four years, had her driver's licence suspended for seven days. Her vehicle was also impounded for seven days.
She will appear in court in Brantford on March 24.
An Ontario Provincial Police officer has been criminally charged in the death of an 18-year-old woman following a collision in northwestern Ontario last December.
Sgt. Darryl Storey was arrested Monday and faces one count of criminal negligence causing death and dangerous driving causing death in the Dec. 3, 2008 collision.
He has been released and set to appear in a Thunder Bay courtroom on March 5, said a Tuesday news release.
The crash occurred between a OPP cruiser driven by Storey and a car driven by Jasmine Veneruzzo on Highway 11 and Twin City Crossroads in Thunder Bay.
Veneruzzo, an 18-year-old Murillo, Ont., woman, died from the crash.
Storey was believed to be have been on a routine patrol at the time of the collision.
The charges come as a result of an investigation launched by the Special Investigations Unit, a provincial body that looks into cases involving police and civilians resulting in sex assault, serious injuries or death.
Meanwhile, earlier Tuesday, the OPPalso announced that another officer has been charged with street racing for driving 65 kilometres over the speed limit.
Police say Det. Const. Heidi Fischer was not within the lawful execution of her duties on Jan. 31 when Brant County OPP stopped her unmarked police vehicle on Highway 403 for driving 165 kilometres per hour in a 100 km/h zone.
Fischer, an OPP officer for four years, had her driver's licence suspended for seven days. Her vehicle was also impounded for seven days.
She will appear in court in Brantford on March 24.
Campus Officer Investigated for Abusing His Police Dog
RENO, Nev.
University of Nevada, Reno's police chief says a campus police officer is under investigation following two separate complaints of citizen abuse and abuse of his police dog.
Chief Adam Garcia says the dog, a male German shepherd named Niko, was removed from service following the Jan. 29 complaint of animal cruelty. The dog was taken to a veterinary clinic for an examination and is being kept there pending an investigation.
Garcia tells the Reno Gazette-Journal that the incident is being investigated by the state attorney general's office.
Garcia also says the officer was placed on paid leave after another complaint was received Feb. 3 from several people alleging police abuse.
The officer's name was not released.
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Information from: Reno Gazette-Journal, http://www.rgj.com
More Information: http://www.rgj.com/article/20090210/NEWS01/902100347/1321/NEWS
University of Nevada, Reno's police chief says a campus police officer is under investigation following two separate complaints of citizen abuse and abuse of his police dog.
Chief Adam Garcia says the dog, a male German shepherd named Niko, was removed from service following the Jan. 29 complaint of animal cruelty. The dog was taken to a veterinary clinic for an examination and is being kept there pending an investigation.
Garcia tells the Reno Gazette-Journal that the incident is being investigated by the state attorney general's office.
Garcia also says the officer was placed on paid leave after another complaint was received Feb. 3 from several people alleging police abuse.
The officer's name was not released.
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Information from: Reno Gazette-Journal, http://www.rgj.com
More Information: http://www.rgj.com/article/20090210/NEWS01/902100347/1321/NEWS
Officer Kurtiss Kessler Arrested Again for Domestic Violence
A Kenosha police officer with a previous conviction for domestic violence was arrested Monday for allegedly pushing his girlfriend, pulling her hair and hitting her with a shoe.
Kurtiss J. Kessler, 35, of Kenosha, was shackled and wore a blue jailhouse uniform when he appeared for a bond hearing in Kenosha County Circuit Court. A $2,500 cash bond was ordered. Kessler must post that amount to get out of jail.
As a condition of bond, Kessler will not be allowed to carry a gun. Unless that condition is lifted, Kenosha Police Chief John Morrissey said Kessler is not qualified to work as a police officer.
Kessler will be put on an unpaid leave of absence, effective immediately upon his release from jail, Morrissey said.
No charges were filed Monday. However, prosecutor Richard Ginkowski said a criminal complaint would be ready this afternoon in time for Kessler’s next court hearing.
Kessler was arrested about 8 a.m. Monday at his home. Kenosha County Sheriff’s deputies were called regarding what Ginkowski described as a weekend-long argument that escalated from name-calling to physical abuse.
The alleged victim, Kessler’s girlfriend and the mother of his young child, reportedly recanted after talking to investigators. Prosecutors relied on her initial statements for the bond hearing.
The situation allegedly began about noon Friday, when the woman said she told Kessler she wanted to leave. Ginkowski said Kessler somehow kept the woman from leaving and the woman spent the night.
By 10 a.m. Saturday, the woman said she and Kessler got into a series of squabbles that led to Kessler pushing her. The woman’s 7-year-old son — Kessler is not his father — said his mother nearly fell.
Arguments continued throughout Saturday, culminating when Kessler allegedly twice threw a remote control at his girlfriend. She was not hit.
Another round of arguments Sunday led the girlfriend to try to leave again. Kessler reportedly said he did not want her to leave, but the woman continued toward the door.
“I felt Kurtiss grab my hair and pull me away and down to the ground,” the woman said.
When the woman tried again to leave, she said Kessler threw a tennis shoe at her. Both of the woman’s sons were watching as the shoe hit the back of her neck.
Throughout the weekend, the woman said she felt she could not leave the home. Ginkowski did not elaborate about why, although another court official said the woman did not drive and relied on Kessler for transportation.
The woman tried to take back her story Monday. However, Ginkowski said, she told deputies over the weekend that she feared for her safety. She also feared that Kessler might lose his job at the Kenosha Police Department.
“That is in the balance,” defense attorney Larry Keating said.
Keating pressed for a lesser bond, largely because the alleged victim was not seriously hurt.
Mason rejected the request, largely because of Kessler’s job.
“He is a police officer and he, quote, ought to know better,” Mason said.
Kessler’s criminal history also figured into his bond.
In 2004, Kessler was charged for pointing his duty handgun at his then-girlfriend’s head.
Kessler pleaded guilty to vandalism and two counts of disorderly conduct for the November 2003 incident. He was sentenced to three days in jail and two years probation, which he successfully completed. He also was ordered to pay $1,500 in fines and pay restitution.
Other charges of vandalism, disorderly conduct and pointing a firearm at a person’s head were dismissed but read into Kessler’s record, which meant they were considered for sentencing.
But Kessler was suspended for 55 days without pay. Much of that suspension was served while Kessler was on bond, which also prevented him from carrying a gun. He could not work for four months, as a result.
Former Police Chief Dan Wade said investigators found nothing “legally substantial” to support the gun claim and, therefore, dismissal from the department was not warranted.
Morrissey said it was too early to decide Kessler’s future with the department in light of the new allegations, but said he would not wait until the case was over to decide.
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http://dailykenoshan.com/index.php?option=com_content&task=view&id=7392&Itemid=102
Kurtiss J. Kessler, 35, of Kenosha, was shackled and wore a blue jailhouse uniform when he appeared for a bond hearing in Kenosha County Circuit Court. A $2,500 cash bond was ordered. Kessler must post that amount to get out of jail.
As a condition of bond, Kessler will not be allowed to carry a gun. Unless that condition is lifted, Kenosha Police Chief John Morrissey said Kessler is not qualified to work as a police officer.
Kessler will be put on an unpaid leave of absence, effective immediately upon his release from jail, Morrissey said.
No charges were filed Monday. However, prosecutor Richard Ginkowski said a criminal complaint would be ready this afternoon in time for Kessler’s next court hearing.
Kessler was arrested about 8 a.m. Monday at his home. Kenosha County Sheriff’s deputies were called regarding what Ginkowski described as a weekend-long argument that escalated from name-calling to physical abuse.
The alleged victim, Kessler’s girlfriend and the mother of his young child, reportedly recanted after talking to investigators. Prosecutors relied on her initial statements for the bond hearing.
The situation allegedly began about noon Friday, when the woman said she told Kessler she wanted to leave. Ginkowski said Kessler somehow kept the woman from leaving and the woman spent the night.
By 10 a.m. Saturday, the woman said she and Kessler got into a series of squabbles that led to Kessler pushing her. The woman’s 7-year-old son — Kessler is not his father — said his mother nearly fell.
Arguments continued throughout Saturday, culminating when Kessler allegedly twice threw a remote control at his girlfriend. She was not hit.
Another round of arguments Sunday led the girlfriend to try to leave again. Kessler reportedly said he did not want her to leave, but the woman continued toward the door.
“I felt Kurtiss grab my hair and pull me away and down to the ground,” the woman said.
When the woman tried again to leave, she said Kessler threw a tennis shoe at her. Both of the woman’s sons were watching as the shoe hit the back of her neck.
Throughout the weekend, the woman said she felt she could not leave the home. Ginkowski did not elaborate about why, although another court official said the woman did not drive and relied on Kessler for transportation.
The woman tried to take back her story Monday. However, Ginkowski said, she told deputies over the weekend that she feared for her safety. She also feared that Kessler might lose his job at the Kenosha Police Department.
“That is in the balance,” defense attorney Larry Keating said.
Keating pressed for a lesser bond, largely because the alleged victim was not seriously hurt.
Mason rejected the request, largely because of Kessler’s job.
“He is a police officer and he, quote, ought to know better,” Mason said.
Kessler’s criminal history also figured into his bond.
In 2004, Kessler was charged for pointing his duty handgun at his then-girlfriend’s head.
Kessler pleaded guilty to vandalism and two counts of disorderly conduct for the November 2003 incident. He was sentenced to three days in jail and two years probation, which he successfully completed. He also was ordered to pay $1,500 in fines and pay restitution.
Other charges of vandalism, disorderly conduct and pointing a firearm at a person’s head were dismissed but read into Kessler’s record, which meant they were considered for sentencing.
But Kessler was suspended for 55 days without pay. Much of that suspension was served while Kessler was on bond, which also prevented him from carrying a gun. He could not work for four months, as a result.
Former Police Chief Dan Wade said investigators found nothing “legally substantial” to support the gun claim and, therefore, dismissal from the department was not warranted.
Morrissey said it was too early to decide Kessler’s future with the department in light of the new allegations, but said he would not wait until the case was over to decide.
_____________
http://dailykenoshan.com/index.php?option=com_content&task=view&id=7392&Itemid=102
Judge Curtissa Cofield Faces Disciplinary Hearing in DUI Case
HARTFORD, Conn.
A judge charged with drunken driving and videotaped using racial slurs while arguing with police officers was suspended without pay Monday for 240 days by a judicial review panel.
Superior Court Judge E. Curtissa Cofield, who was confirmed as Connecticut's first black female judge in 1991, apologized to the state Judicial Review Council.
"I regret that my actions may have tarnished the institution that I love," she said. "I've embarrassed and humiliated my family and loved ones, and disappointed my friends."
The panel determined, by unanimous vote, that Cofield's "disparaging and demeaning" comments failed to live up to the standards of integrity and impartiality expected of judges. The council could have imposed up to a one-year suspension and recommended her permanent removal by the Connecticut Supreme Court, but instead settled on the lesser suspension.
Cofield told reporters she would not appeal.
She was arrested the night of Oct. 9 after her car hit a parked state police cruiser in a construction zone on Route 2 in Glastonbury. Police say she told them she hadn't had any alcohol, but she failed a sobriety test, and urine tests later that night showed she had a blood-alcohol level twice the legal limit of 0.08.
She also argued with state and Glastonbury police officers. A surveillance camera at the Glastonbury police department captured the exchanges on video, which shows her using the N-word, calling a black state trooper "Negro," threatening that trooper's job, referring to a female officer as "little girl" and "Barbie" and using other offensive language.
"When I watched the video, I did not recognize myself," Cofield told the council. "The woman I observed that night is not the woman I am."
Cofield acknowledged that her conduct was "reprehensible," but said she did not willfully violate the conduct code because her judgment was impaired by her intoxication.
Judge Susan S. Reynolds appeared to stump Cofield when she asked why Cofield's comments were not racist.
"Why is it not racism .... hmmm. I think for crimes like bias you have to have intent," Cofield said. "All I can say is I was really intoxicated. ... I can't explain it. Why is it not racism ... I don't know. But if it is or someone perceives that it is, I apologize for that."
Other judges subpoenaed to testify said Cofield received above-average job evaluations and her reputation was excellent.
Marvin Zelman, a psychiatrist who said he has spent 15 hours with Cofield, testified that she was under a lot of stress in 2008. Her father died that year, her mother's house burned down and her adult children had legal problems.
"She's had an impeccable record (as a judge) for 17 years and I see no reason she couldn't continue," Zelman said.
Cofield has been accepted into the state's alcohol education program for first-time DUI offenders, and the drunken driving charge will be dismissed if she successfully completes the program.
More Information: http://www.kansascity.com/811/story/1025587.html
Shoot First...Ask Questions Later
A man is approached by four plain-clothed officers on the streets of New York City and is told to stop what he is doing and to put his hands up. The officers briefly question this young man, who is 23-years-old and a recent immigrant to America. The young man is confused and reaches for his wallet to show his identification. As soon as the young man makes this move, one of the officers shouts “Gun!” and the officers quickly fire 41 fatal shots into his body.
This man, Amadou Diallo, was viciously murdered by police officers on Feb. 4, 1999. Diallo was approached because he was mistaken for a rapist, as he supposedly fit the description. Diallo came to America from West Africa with the hope of furthering his education and living a more successful life. Sadly, his ambitions did not come true because he was brutally murdered by the police.
A few months back, in late October of 2008, a young man of just 20 years stepped outside his house because he heard suspicious noises. He was recently married, and his wife was expecting. He wanted to make sure that his household was safe, so he grabbed a broom and stepped out to his front lawn to see what was causing the commotion. Soon after, he was shot twice and fell to the floor dead. One bullet struck his heart. This young man was Julian Alexander. Today he is dead because police officers mistook him for a burglar they were chasing. This occurred in Anaheim, California, not too far from Irvine.
On New Year’s Eve, Oscar Grant was taken out of a subway train by police officers. He was unarmed and lying face down on the ground when an officer pulled out his gun and shot him in the back. Just before he died, Grant pleaded with the cops not to shoot him, telling them that he had a 4-year-old daughter at home. I could go on about how many innocent lives were taken by bullets fired by police officers; but the point is that police brutality happens all the time, and overwhelmingly, black and brown men are the victims.
The cops just get away with it.
Police officers are human like everyone else. But this also means that they may hold racist views that anyone may hold. The only difference is they have a badge and a gun. If they see a black man walking down the street, they can act on their racist thinking, can legally shoot and kill that man and label him as a threat to justify their actions. Police officers have the law on their side, while a man on the street does not. Judges rarely, if ever, sentence cops for their discriminatory acts toward innocent people. They are legally allowed to racially profile and murder black and brown people.
Diallo was shot because he “fit the description” of a rapist. What was the description? Diallo was black, and therefore a threat. Julian Alexander was black, 6-feet-5-inches and 240 pounds. Does his appearance mean that he should be dead? Time and time again, police officers use their guns and weapons before asking questions. Unfortunately, the murders of innocent people continue because the police can get away with it. The police have a job to “serve and protect,” but the question is, serve and protect who?
In the case of Grant, brave witnesses recorded the horrendous actions of the police and put it on YouTube, despite officer’s demands that they turn in their cell phones and cameras. This time, America witnessed inequality and racism in action. The video on YouTube that broadcasted Oscar Grant’s death led to protests in Oakland and around the country. People were not angry over this isolated incident that happened at the Bay Area Rapid Transit Station. People were angry because they have seen men like Oscar Grant murdered too many times before. Demonstrations against police brutality erupted because of the unjust killings of numerous innocent victims, who for many were sons, husbands, brothers, friends and neighbors. Grant was just the straw that broke the camel’s back.
On Monday, Jan. 26, concerned students around the UC system gathered together to stand up against police brutality. UC Berkeley, UC Riverside, UC San Diego, UCLA and UC Irvine walked out of class and held a march and rally in honor of those who died from police brutality. Students expressed the need to be aware of this critical issue. They will not tolerate police brutality.
Clearly, the stories of Grant, Alexander, Diallo and countless others demonstrate that racist ideologies still permeate America, even though our president is black. People still die every day because of the color of their skin. We must be aware of what is going on, in order to make this society a better place. In a fair society, no one is above the law.
Written by Hui-Ling Malone. He is a third-year international studies major. He can be reached at hmalone@uci.edu.
This man, Amadou Diallo, was viciously murdered by police officers on Feb. 4, 1999. Diallo was approached because he was mistaken for a rapist, as he supposedly fit the description. Diallo came to America from West Africa with the hope of furthering his education and living a more successful life. Sadly, his ambitions did not come true because he was brutally murdered by the police.
A few months back, in late October of 2008, a young man of just 20 years stepped outside his house because he heard suspicious noises. He was recently married, and his wife was expecting. He wanted to make sure that his household was safe, so he grabbed a broom and stepped out to his front lawn to see what was causing the commotion. Soon after, he was shot twice and fell to the floor dead. One bullet struck his heart. This young man was Julian Alexander. Today he is dead because police officers mistook him for a burglar they were chasing. This occurred in Anaheim, California, not too far from Irvine.
On New Year’s Eve, Oscar Grant was taken out of a subway train by police officers. He was unarmed and lying face down on the ground when an officer pulled out his gun and shot him in the back. Just before he died, Grant pleaded with the cops not to shoot him, telling them that he had a 4-year-old daughter at home. I could go on about how many innocent lives were taken by bullets fired by police officers; but the point is that police brutality happens all the time, and overwhelmingly, black and brown men are the victims.
The cops just get away with it.
Police officers are human like everyone else. But this also means that they may hold racist views that anyone may hold. The only difference is they have a badge and a gun. If they see a black man walking down the street, they can act on their racist thinking, can legally shoot and kill that man and label him as a threat to justify their actions. Police officers have the law on their side, while a man on the street does not. Judges rarely, if ever, sentence cops for their discriminatory acts toward innocent people. They are legally allowed to racially profile and murder black and brown people.
Diallo was shot because he “fit the description” of a rapist. What was the description? Diallo was black, and therefore a threat. Julian Alexander was black, 6-feet-5-inches and 240 pounds. Does his appearance mean that he should be dead? Time and time again, police officers use their guns and weapons before asking questions. Unfortunately, the murders of innocent people continue because the police can get away with it. The police have a job to “serve and protect,” but the question is, serve and protect who?
In the case of Grant, brave witnesses recorded the horrendous actions of the police and put it on YouTube, despite officer’s demands that they turn in their cell phones and cameras. This time, America witnessed inequality and racism in action. The video on YouTube that broadcasted Oscar Grant’s death led to protests in Oakland and around the country. People were not angry over this isolated incident that happened at the Bay Area Rapid Transit Station. People were angry because they have seen men like Oscar Grant murdered too many times before. Demonstrations against police brutality erupted because of the unjust killings of numerous innocent victims, who for many were sons, husbands, brothers, friends and neighbors. Grant was just the straw that broke the camel’s back.
On Monday, Jan. 26, concerned students around the UC system gathered together to stand up against police brutality. UC Berkeley, UC Riverside, UC San Diego, UCLA and UC Irvine walked out of class and held a march and rally in honor of those who died from police brutality. Students expressed the need to be aware of this critical issue. They will not tolerate police brutality.
Clearly, the stories of Grant, Alexander, Diallo and countless others demonstrate that racist ideologies still permeate America, even though our president is black. People still die every day because of the color of their skin. We must be aware of what is going on, in order to make this society a better place. In a fair society, no one is above the law.
Written by Hui-Ling Malone. He is a third-year international studies major. He can be reached at hmalone@uci.edu.
Monday, February 09, 2009
Sheriff Joe Arpaio Makes Arizona a Laughing-Stock
Arizona's recent claims to fame have included the Cardinals' improbable and heart-wrenching trip to the Super Bowl and a mammoth budget deficit that has led the State Legislature to make sizeable cuts in education, health care and public services. But the state's perennial national blemish is none other than four-time re-elected sheriff of Maricopa County, the infamous Joe Arpaio, better known simply as Sheriff Joe.
Sheriff Joe is known to his supporters as "America's Toughest Sheriff," and to his many detractors, including Amnesty International, the American Civil Liberties Union, the Arizona Ecumenical Council, the American Jewish Committee and the Anti-Defamation League as an alarming public official, prone to flirting with human rights violations in order to maintain his "tough" reputation. Famous examples of his flouting prisoner's rights include reinstating the archaic practice of chain-gangs, feeding prisoners just twice a day and with expired food, housing them in tents that can reach 150 degrees Fahrenheit in Arizona summers, and obliging them to wear pink underwear emblazoned with the words "Go Joe."
In 2005, Sheriff Joe forced 700 maximum-security prisoners to march four blocks between jails in nothing but pink boxer-shorts and flip-flops. His excuse was that he didn't want the inmates to be able to hide weapons in their clothes, but the march served as just another publicity stunt to dehumanize and disgrace the detainees.
Recently, Sheriff Joe has been at his best. In an exploit that caused the Huffington Post to name Arpaio its "unconscionable idiot of the week," he arranged massive media coverage and on Feb. 4 paraded 200 undocumented immigrants dressed in old-fashioned striped prison garb and shackles from the county jail to Tent City, where they will await trial. That's right: none of the hundreds of detainees has even been sentenced yet. Arpaio claimed that the event was a "cost-saver," an excuse I can't even begin to fathom. How is outfitting 200 untried men in new prison uniforms and orchestrating a full-fledged media circus a cost-saver?
With Sheriff Joe's notorious dearth of transparency, we'll probably never understand that excuse. But even so, when has cutting costs ever justified gross Constitutional and human-rights violations? The New York Times called Arpaio "off the rails" in a Feb. 5 editorial about the incident. If one county's sheriff is drawing the notice and antipathy of the largest metropolitan newspaper in the United States, then Arizona has a major public relations problem.
To add insult to injury, Sheriff Joe stars in a reality television show on Fox Reality. "Smile… You're Under Arrest!" aired Dec. 27, 2008. The show's premise is that people with outstanding warrants are hoodwinked into presenting themselves for arrest, with stunts like fake movie casting calls or fashion shows. At the end of each episode, Sheriff Joe and his costars arrest the unwitting crooks.
Clearly, Arpaio has a strong taste for publicity at others' expense. But he's an elected official and as such, this sort of behavior is unacceptable. How does the sheriff of the fourth-most-populated county in the nation have time for a television show? Still, he manages to fulfill his other self-proclaimed duties, chief among them barefacedly breaching prisoner's rights and terrorizing undocumented migrants.
And here we come to why residents of Maricopa County continue, unfathomably, to re-elect Sheriff Joe. He is "tough on illegal immigration." Well, yes, but Joe McCarthy was famously "tough on Communism." Toughness does not indicate sound policy, and Arpaio is nothing more than a dangerous buffoon whose fear-mongering will do little to improve Arizona in the long run. All he will really do is make himself, and our fair state, a national laughing-stock. Thanks, Joe!
Sheriff Joe is known to his supporters as "America's Toughest Sheriff," and to his many detractors, including Amnesty International, the American Civil Liberties Union, the Arizona Ecumenical Council, the American Jewish Committee and the Anti-Defamation League as an alarming public official, prone to flirting with human rights violations in order to maintain his "tough" reputation. Famous examples of his flouting prisoner's rights include reinstating the archaic practice of chain-gangs, feeding prisoners just twice a day and with expired food, housing them in tents that can reach 150 degrees Fahrenheit in Arizona summers, and obliging them to wear pink underwear emblazoned with the words "Go Joe."
In 2005, Sheriff Joe forced 700 maximum-security prisoners to march four blocks between jails in nothing but pink boxer-shorts and flip-flops. His excuse was that he didn't want the inmates to be able to hide weapons in their clothes, but the march served as just another publicity stunt to dehumanize and disgrace the detainees.
Recently, Sheriff Joe has been at his best. In an exploit that caused the Huffington Post to name Arpaio its "unconscionable idiot of the week," he arranged massive media coverage and on Feb. 4 paraded 200 undocumented immigrants dressed in old-fashioned striped prison garb and shackles from the county jail to Tent City, where they will await trial. That's right: none of the hundreds of detainees has even been sentenced yet. Arpaio claimed that the event was a "cost-saver," an excuse I can't even begin to fathom. How is outfitting 200 untried men in new prison uniforms and orchestrating a full-fledged media circus a cost-saver?
With Sheriff Joe's notorious dearth of transparency, we'll probably never understand that excuse. But even so, when has cutting costs ever justified gross Constitutional and human-rights violations? The New York Times called Arpaio "off the rails" in a Feb. 5 editorial about the incident. If one county's sheriff is drawing the notice and antipathy of the largest metropolitan newspaper in the United States, then Arizona has a major public relations problem.
To add insult to injury, Sheriff Joe stars in a reality television show on Fox Reality. "Smile… You're Under Arrest!" aired Dec. 27, 2008. The show's premise is that people with outstanding warrants are hoodwinked into presenting themselves for arrest, with stunts like fake movie casting calls or fashion shows. At the end of each episode, Sheriff Joe and his costars arrest the unwitting crooks.
Clearly, Arpaio has a strong taste for publicity at others' expense. But he's an elected official and as such, this sort of behavior is unacceptable. How does the sheriff of the fourth-most-populated county in the nation have time for a television show? Still, he manages to fulfill his other self-proclaimed duties, chief among them barefacedly breaching prisoner's rights and terrorizing undocumented migrants.
And here we come to why residents of Maricopa County continue, unfathomably, to re-elect Sheriff Joe. He is "tough on illegal immigration." Well, yes, but Joe McCarthy was famously "tough on Communism." Toughness does not indicate sound policy, and Arpaio is nothing more than a dangerous buffoon whose fear-mongering will do little to improve Arizona in the long run. All he will really do is make himself, and our fair state, a national laughing-stock. Thanks, Joe!
Son of Former Sheriff Steve Whitmill Charged with Impersonating Officer
The son of a former sheriff has been charged with impersonating an undercover drug task force officer after allegedly threatening to arrest a man during the weekend.
Dustin Evan Whitmill, 22, was charged after allegedly threatening to take a man to jail Saturday night if he did not provide them with information about illegal drug activity, according to a police report.
Whitmill’s father is former Washington County Sheriff Steve Whitmill.
Facing different charges are brothers Andrew and Brian Wesoloski, both 23.
A neighbor of Dustin Whitmill’s asked Whitmill and the others not to drive around recklessly and Dustin Whitmill was reported to have said, “Do you know who I am?” He then identified himself as the former sheriff’s son, presented identification and said he worked for the 4th Judicial Drug Task Force, the police report said.
The neighbor told a police dispatcher the men were intoxicated and said the Wesoloski brothers had threatened him with guns. The three men were later arrested on U.S. 71, the report said.
Dustin Whitmill worked as a jailer for the Washington County Detention Center for just more than a week in February 2006 but is no longer employed with the sheriff’s office, a spokeswoman for the county said. She was not able to give details on why he left the position, she said.
Dustin Whitmill faces preliminary charges of criminal impersonation, criminal use of a prohibited weapon, first-degree false imprisonment and possession of drug paraphernalia.
Both Wesoloski brothers face preliminary charges of aggravated assault, first-degree false imprisonment and criminal use of a prohibited weapon, while Andrew Wesoloski was also arrested on a charge of driving while intoxicated.
All three men could face enhanced sentencing if convicted under the state’s anti-gang laws for “engaging in violent criminal group activity.”
Steve Whitmill resigned from his sheriff’s position in March 2004 after accepting a security job with Tyson Foods Inc. He had been elected sheriff in 2000.
Dustin Whitmill was released from Washington County Detention Center Sunday after posting bail on a $15,000 bond, while the Wesoloski brothers remained in jail Monday.
Dustin Evan Whitmill, 22, was charged after allegedly threatening to take a man to jail Saturday night if he did not provide them with information about illegal drug activity, according to a police report.
Whitmill’s father is former Washington County Sheriff Steve Whitmill.
Facing different charges are brothers Andrew and Brian Wesoloski, both 23.
A neighbor of Dustin Whitmill’s asked Whitmill and the others not to drive around recklessly and Dustin Whitmill was reported to have said, “Do you know who I am?” He then identified himself as the former sheriff’s son, presented identification and said he worked for the 4th Judicial Drug Task Force, the police report said.
The neighbor told a police dispatcher the men were intoxicated and said the Wesoloski brothers had threatened him with guns. The three men were later arrested on U.S. 71, the report said.
Dustin Whitmill worked as a jailer for the Washington County Detention Center for just more than a week in February 2006 but is no longer employed with the sheriff’s office, a spokeswoman for the county said. She was not able to give details on why he left the position, she said.
Dustin Whitmill faces preliminary charges of criminal impersonation, criminal use of a prohibited weapon, first-degree false imprisonment and possession of drug paraphernalia.
Both Wesoloski brothers face preliminary charges of aggravated assault, first-degree false imprisonment and criminal use of a prohibited weapon, while Andrew Wesoloski was also arrested on a charge of driving while intoxicated.
All three men could face enhanced sentencing if convicted under the state’s anti-gang laws for “engaging in violent criminal group activity.”
Steve Whitmill resigned from his sheriff’s position in March 2004 after accepting a security job with Tyson Foods Inc. He had been elected sheriff in 2000.
Dustin Whitmill was released from Washington County Detention Center Sunday after posting bail on a $15,000 bond, while the Wesoloski brothers remained in jail Monday.
Arraignment Held for Former Deputy Marc Diaz Accused of Rape
On Friday, the former Riverside County Sheriff's Deputy accused of raping a woman in La Quinta on Saturday pled not guilty to the charges. 35-year old Marc Diaz of Indio was arraigned on charges of kidnapping to commit rape, and two counts of rape under the threat of the authority of a public official. If convicted, he could face life in prison, without the possibility of parole.
The arraignment took place at the same Indio courthouse where the nine-year veteran of the sheriff's department once worked. Diaz is accused of walking into a business in the 78-000 block of Highway 111, and displaying a law enforcement badge. He then allegedly ordered a woman into his pickup truck, and drove her to a secluded place near Washington Street and Country Club Drive, where he raped her.
We've also learned more about Diaz's 2004 arrest on suspicion of hiring a prostitute. According to Indio police, the solicitation took place on June 25, 2004, near Bliss and Oasis streets. But today, the Riverside District Attorney's office said it did not file charges because of insufficient evidence.
On the rape charges, Diaz is being held on $1 million dollars bail and has requested a public defender. A felony settlement conference is set for February 19th. Meantime, the Coachella Valley Unified School District continues to have no comment on reports that Diaz worked for that district.
Former Trooper Mark Lemieux Pleads Guilty to Extortion
BOSTON
A former state trooper has pleaded guilty to using extortion to collect drug debts and conspiring to distribute the prescription painkiller OxyContin.
The U.S. Attorney's office says Mark Lemieux of Norfolk pleaded guilty Monday, the first day of his trial in federal court. He faces up to 20 years in prison and up to $1.25 million in fines when he is sentenced May 21.
Lemieux and three others, including a retired state trooper, were arrested in May 2007 on charges they participated in an Oxycontin ring.
Joseph Catanese, who had worked with Lemieux on a police task force targeting drug dealers, pleaded guilty last fall in a deal with prosecutors to using extortion to collect drug debts and conspiring to obstruct justice.
Tara Drummey of Norfolk and Patrick McCarthy of Yarmouth also have pleaded guilty in the case. Drummey was sentenced to more than three years in prison and McCarthy to nearly 3 1/2 years.
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http://www.metrobostonnews.com/us/article/2009/02/10/04/1427-80/index.xml
A former state trooper has pleaded guilty to using extortion to collect drug debts and conspiring to distribute the prescription painkiller OxyContin.
The U.S. Attorney's office says Mark Lemieux of Norfolk pleaded guilty Monday, the first day of his trial in federal court. He faces up to 20 years in prison and up to $1.25 million in fines when he is sentenced May 21.
Lemieux and three others, including a retired state trooper, were arrested in May 2007 on charges they participated in an Oxycontin ring.
Joseph Catanese, who had worked with Lemieux on a police task force targeting drug dealers, pleaded guilty last fall in a deal with prosecutors to using extortion to collect drug debts and conspiring to obstruct justice.
Tara Drummey of Norfolk and Patrick McCarthy of Yarmouth also have pleaded guilty in the case. Drummey was sentenced to more than three years in prison and McCarthy to nearly 3 1/2 years.
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http://www.metrobostonnews.com/us/article/2009/02/10/04/1427-80/index.xml
Police Investigator Matthew Sullivan Accused of DWI
ONEIDA COUNTY, N.Y.
A State Police Investigator has been arrested after being accused of driving under the influence.
State Police say Investigator Matthew Sullivan's BAC was.09 when he was pulled over for speeding in Remsen Friday night. Sullivan, also the Director of the Great American Irish Festival, is a 19 year veteran of the State Police and assigned to Troop D. He has been charged with DWI and has been suspended with pay.
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More Information:
http://www.wktv.com/news/local/39331232.html
Sunday, February 08, 2009
Deputy Christopher Grube Arrested for DUI
PALM BEACH COUNTY, FL
A Palm Beach County Sheriff's deputy was arrested early Saturday morning around 2 a.m.
Deputy Christopher Grube was arrested and charged with driving under the influence. The 38-year-old refused a sobriety test.
According to PBSO spokeswoman, Teri Barbera, Grube was assigned court service duty.
Grube was arrested by Officer Secord of the West Palm Beach Police Department.
Grube was released about 3 hours later on his own recognizance.
Drunken Officer Martin Abreu Runs Over Couple
A drunken Jersey City cop plowed his car into a young couple as they crossed a downtown street early today, killing the woman and leaving her friend in intensive care, sources said.
Officer Martin Abreu, 25, from Jersey City, who was off-duty, allegedly mowed down Huang Feng, 26, and her unidentified male friend, also 26, as they walked across West Street, at Albany Street, at about 3:40 a.m.
Feng, who lived nearby, died immediately, cops said.
Her companion was rushed to St. Vincent's Hospital, where he was listed in critical, but stable condition.
Abreu, who was driving a Toyota Camry, was cuffed at the scene and charged with vehicular manslaughter, vehicular assault and DWI, police said.
Abreu, who has been with the Jersey City police since 2005, was suspended without pay.
"The charges surrounding this incident are most serious and this type of activity will not be tolerated by the JCPD," said Chief Tom Comey.
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http://www.ny1.com/content/top_stories/93572/jersey-police-officer-charged-in-pedestrian-death/Default.aspx
Officer John Dalziel Charged with Having Unlawful Contract
BRIMFIELD TOWNSHIP
Police arrested the township's fiscal officer, John Dalziel, 40, on a charge of having an unlawful interest in a public contract.
The contract involved Dalziel's insurance agency. Brimfield police Chief David A. Blough did not provide details. The Portage County Prosecutor's Office and the Ohio Ethics Commission assisted in the investigation.
Dalziel was arrested Jan. 30 and arraigned Wednesday. He is free on bond on the 1st-degree misdemeanor charge and is due back in court Feb. 26. The offense carries a maximum sentence of 6 months in jail and a $1,000 fine.
Officer Carl Beckman Accused of Stealing More than $23,000
Carl Beckman was a respected Sylvania police officer who received several awards over the years and had no disciplinary record in his file.
But the 36-year veteran who was trusted enough to serve in the department's property room is now charged with stealing thousands of dollars of forfeiture money.
Mr. Beckman, 58, was indicted by a Lucas County grand jury on one count of theft in office. The former officer is accused of pilfering more than $23,000 from the department's property-room safe between January, 1996, and January, 2009.
Because the amount taken is more than $5,000, the offense is a third-degree felony. Mr. Beckman faces up to five years in prison if convicted. He is to be arraigned Feb. 19 by Judge Ruth Ann Franks.
"This is not only disappointing but very shocking," Sylvania Police Chief Gerald Sobb said. "Obviously, a person in that position was trusted. If there was any question of his honesty, he wouldn't have been there."
Mr. Beckman joined the police department in April, 1973. In November, 1988, he was assigned to the property room. When he left the department last month, his base pay was $68,800, the chief said.
Chief Sobb said the property room houses all evidence found and seized during the investigation of crimes. Included in that is cash taken from suspects, which is then secured, labeled, and placed in a property-room safe.
After a case concludes, the money is either returned or the court orders it forfeited to the department. That money is deposited into the law enforcement trust fund, Chief Sobb said.
The fund shortage was discovered during an attempt to deposit recently forfeited money, Chief Sobb said.
"He didn't bring me the money on some of these cases. That's when we discovered this," the chief said.
Authorities said $23,711 is believed missing from the property room. The chief said he was not aware of any financial problems that Mr. Beckman was facing or any reason for the alleged thefts.
Mr. Beckman could not be reached for comment. He retired from the department on Monday, Chief Sobb said, and was indicted on Thursday. The chief said that during Mr. Beckman's time on the force, he had no discipline problems and received several awards, including his fourth Police Star in April.
Mayor Craig Stough said the county prosecutor's office was notified soon after money was discovered to be missing.
"It's very sad and disappointing when a trusted officer of 36 years is discovered to be stealing," he said. "But I'd like to emphasize that these are not taxpayer dollars that are missing. These are funds missing from the property room and funds seized from ongoing investigations, although I've been told that nothing missing would impact an ongoing investigation."
Chief Sobb said the department is conducting a full audit of the property room to make sure nothing else is missing.
"We're going through every piece of evidence and property in the property room," he said. "We want to know if anything else is missing. Hopefully, [money] is all that was taken."
The law enforcement trust fund is made up of money seized in criminal investigations and forfeited through the courts. Laws specify what it can be used for, including equipment for officers and for drug programs and education, the chief said.
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http://www.10tv.com/live/content/onnnews/stories/2009/02/07/story_sylvania.html?sid=102
Saturday, February 07, 2009
Judge George Korpita Convicted of of Making Threats to Officers While Drunk
The New Jersey Supreme Court has suspended from law practice a former municipal court judge convicted of making threats to officers during a drunken-driving arrest.
Though the Disciplinary Review Board had recommended only a reprimand for George R. Korpita, of Dover, finding his actions stemmed from his drunken state, not dishonesty, the court said a three-month suspension was the appropriate quantum of discipline.
His threats of harm to public servants constituted a criminal act that reflects adversely on a his honesty, trustworthiness or fitness as a lawyer under Rule of Professional Conduct 8.4(c), the court said in an order issued Feb. 2.
Korpita, who had been a sitting judge in Rockaway Borough, Dover and Victory Gardens, was arrested in Roxbury, N.J., on Nov. 6, 2007, after a passing motorist called police to report a man passed out at the wheel of a car at a traffic signal on Route 46. Patrolman Jonathan Edmunds, as he arrived at the scene, observed Korpita's car drift slowly from the right to the left lane. When the officer put on his overhead lights, Korpita veered into the right lane, turned onto a side road and pulled into a driveway.
Edmunds approached the car and asked for a driver's license. Korpita handed him a state judiciary identification card and said, "I'm a judge." When the officer again asked for the license, Korpita said, "I'm OK, bro, I'm OK."
Edmunds took Korpita to the police station and said later, in a letter to Morris County Assignment Judge B. Theodore Bozonelis, that Korpita made "statements that caused [him] great concern as a police officer."
Korpita told Edmunds he was a supporter of law enforcement and "when the cops beat the shit out of a guy, I do the right thing ... . I'll never take care of cops again. After tonight, I'm done," according to Edmunds' letter. Korpita then said he had cases that could have gone either way and he had always decided in favor of the police. But, he added, "never again, I'm going to stick it up their asses. Get the Vaseline out and bend over."
When another officer, Sgt. Kevin Carroll, asked Korpita whether that statement was a threat, Korpita said no, and then asked whether he could be charged with reckless driving instead of drunken driving, the letter continued.
Korpita resigned his municipal judge posts shortly after he was arrested, and on Dec. 28, 2007, he pleaded guilty to N.J.S.A. 2C:27-3A(3), which makes it a crime to threaten a public servant. He admitted saying to the police officers that he would take some adverse action against them in the future, if the arrest process were to continue.
Judge Salem Vincent Ahto sentenced Korpita to three years' probation and 100 days community service instead of the two-year prison term the statute prescribed. Morris County Prosecutor Robert Bianchi had told Ahto that the mandatory incarceration was aimed at cracking down on corruption, which he said was not present in Korpita's case. However, Korpita was banned for life from holding public employment. He also pleaded guilty to drunken driving and had his license suspended for one year.
During proceedings at the DRB, Korpita said he was rehabilitated from his alcohol problem, had attended more than 200 Alcoholics Anonymous meetings and had been sober for 200 days.
The DRB concluded last Dec. 4 that Korpita's conduct "was not the result of dishonesty or a flaw in his character, but the product of severe intoxication."
The panel said that Korpita "paid a high price for his offenses. He lost his position as a judge in three municipalities, reportedly his principal source of income, and is barred from ever holding public employment. In view of the foregoing, we believe that a censure sufficiently addresses the extent of respondent's conduct and, at the same time, preserves the public's confidence in the disciplinary system and the judiciary as a whole," the DRB said.
Korpita did not dispute the Supreme Court's decision to suspend him, says Blair Zwillman, who represented him at the DRB level. Zwillman says the court likely gave Korpita a stiffer penalty because it did not want him to get off free after committing a crime. "I think the penalties he paid are enough. He's a lifetime felon," Zwillman said.
The suspension is only the latest setback for Korpita, who practices with his father at Dover's Korpita & Korpita.
On May 4, 2007, he had a confrontation with Warren Hartzman at a restaurant in Rockaway Borough. When Hartzman joined a woman friend outside the restaurant while she smoked a cigarette, he leaned against Korpita's Maserati and caused a scratch. After Korpita and Hartzman argued, Rockaway officers arrived and took Hartzman into custody, allegedly at Korpita's request.
Hartzman, who was held for several hours but was not charged, sued Korpita and Rockaway for civil rights violations in U.S. District Court. The suit claimed that his arrest was in retaliation for scratching Korpita's car.
U.S. District Judge Susan Wigenton dismissed the civil case, Hartzman v. Korpita, 2:07-cv-03848, as settled on Jan. 21. The defendant's attorney, Robert Greenbaum of Greenbaum & Flanagan in Roseland, N.J., and the plaintiff's attorney, William Pinilis of Kaplan, Fox & Kilsheimer in Morristown, N.J., decline to discuss the settlement.
While the Roxbury drunken-driving arrest was pending, Korpita was charged with drunken driving on Feb. 18, 2008, after his car was pulled over on Route 181 in Sparta, N.J. He was also charged with careless driving, failure to keep right and refusing to take a breath test. If convicted of a second DWI charge, Korpita could face another $1,000 in fine, loss of his license for an additional period of up to four years and up to 90 days in jail.
Though the Disciplinary Review Board had recommended only a reprimand for George R. Korpita, of Dover, finding his actions stemmed from his drunken state, not dishonesty, the court said a three-month suspension was the appropriate quantum of discipline.
His threats of harm to public servants constituted a criminal act that reflects adversely on a his honesty, trustworthiness or fitness as a lawyer under Rule of Professional Conduct 8.4(c), the court said in an order issued Feb. 2.
Korpita, who had been a sitting judge in Rockaway Borough, Dover and Victory Gardens, was arrested in Roxbury, N.J., on Nov. 6, 2007, after a passing motorist called police to report a man passed out at the wheel of a car at a traffic signal on Route 46. Patrolman Jonathan Edmunds, as he arrived at the scene, observed Korpita's car drift slowly from the right to the left lane. When the officer put on his overhead lights, Korpita veered into the right lane, turned onto a side road and pulled into a driveway.
Edmunds approached the car and asked for a driver's license. Korpita handed him a state judiciary identification card and said, "I'm a judge." When the officer again asked for the license, Korpita said, "I'm OK, bro, I'm OK."
Edmunds took Korpita to the police station and said later, in a letter to Morris County Assignment Judge B. Theodore Bozonelis, that Korpita made "statements that caused [him] great concern as a police officer."
Korpita told Edmunds he was a supporter of law enforcement and "when the cops beat the shit out of a guy, I do the right thing ... . I'll never take care of cops again. After tonight, I'm done," according to Edmunds' letter. Korpita then said he had cases that could have gone either way and he had always decided in favor of the police. But, he added, "never again, I'm going to stick it up their asses. Get the Vaseline out and bend over."
When another officer, Sgt. Kevin Carroll, asked Korpita whether that statement was a threat, Korpita said no, and then asked whether he could be charged with reckless driving instead of drunken driving, the letter continued.
Korpita resigned his municipal judge posts shortly after he was arrested, and on Dec. 28, 2007, he pleaded guilty to N.J.S.A. 2C:27-3A(3), which makes it a crime to threaten a public servant. He admitted saying to the police officers that he would take some adverse action against them in the future, if the arrest process were to continue.
Judge Salem Vincent Ahto sentenced Korpita to three years' probation and 100 days community service instead of the two-year prison term the statute prescribed. Morris County Prosecutor Robert Bianchi had told Ahto that the mandatory incarceration was aimed at cracking down on corruption, which he said was not present in Korpita's case. However, Korpita was banned for life from holding public employment. He also pleaded guilty to drunken driving and had his license suspended for one year.
During proceedings at the DRB, Korpita said he was rehabilitated from his alcohol problem, had attended more than 200 Alcoholics Anonymous meetings and had been sober for 200 days.
The DRB concluded last Dec. 4 that Korpita's conduct "was not the result of dishonesty or a flaw in his character, but the product of severe intoxication."
The panel said that Korpita "paid a high price for his offenses. He lost his position as a judge in three municipalities, reportedly his principal source of income, and is barred from ever holding public employment. In view of the foregoing, we believe that a censure sufficiently addresses the extent of respondent's conduct and, at the same time, preserves the public's confidence in the disciplinary system and the judiciary as a whole," the DRB said.
Korpita did not dispute the Supreme Court's decision to suspend him, says Blair Zwillman, who represented him at the DRB level. Zwillman says the court likely gave Korpita a stiffer penalty because it did not want him to get off free after committing a crime. "I think the penalties he paid are enough. He's a lifetime felon," Zwillman said.
The suspension is only the latest setback for Korpita, who practices with his father at Dover's Korpita & Korpita.
On May 4, 2007, he had a confrontation with Warren Hartzman at a restaurant in Rockaway Borough. When Hartzman joined a woman friend outside the restaurant while she smoked a cigarette, he leaned against Korpita's Maserati and caused a scratch. After Korpita and Hartzman argued, Rockaway officers arrived and took Hartzman into custody, allegedly at Korpita's request.
Hartzman, who was held for several hours but was not charged, sued Korpita and Rockaway for civil rights violations in U.S. District Court. The suit claimed that his arrest was in retaliation for scratching Korpita's car.
U.S. District Judge Susan Wigenton dismissed the civil case, Hartzman v. Korpita, 2:07-cv-03848, as settled on Jan. 21. The defendant's attorney, Robert Greenbaum of Greenbaum & Flanagan in Roseland, N.J., and the plaintiff's attorney, William Pinilis of Kaplan, Fox & Kilsheimer in Morristown, N.J., decline to discuss the settlement.
While the Roxbury drunken-driving arrest was pending, Korpita was charged with drunken driving on Feb. 18, 2008, after his car was pulled over on Route 181 in Sparta, N.J. He was also charged with careless driving, failure to keep right and refusing to take a breath test. If convicted of a second DWI charge, Korpita could face another $1,000 in fine, loss of his license for an additional period of up to four years and up to 90 days in jail.
Judge David Cooper Arrested for Being Drunk at Sporting Event
The Yuma County Attorney's Office has filed a motion asking a local judge to recluse himself from all current and future drunk driving cases following his arrest for an alcohol-related offense. Prosecutors are targeting Judge David Cooper after his December arrest in San Diego where police say he was intoxicated at a sporting event.
"A lot of judges on the bench now, I've went up against them in the past," says Attorney at Law, John Minore who has gone head-to-head with Cooper on many occasions. He says the justice of the peace is at the center of a witch hunt.
"I think it crosses ethical lines, and in viewing the motion and the attachments to it, it's pretty offensive that they went in there and attached police reports it," says Minore. The motion includes embarrassing details about the arrest-- details that say Cooper was so drunk that he fell down and wet himself. It also comes with a police report on Cooper's 2001 DUI arrest which took place before he was appointed,
Defense attorneys for more than two dozen active DUI cases have until the end of next week to respond to the motion.
"It says he breached judicial ethics and canons and how do I respond as a defense attorney to the judge's conduct outside?"
The motion further questions Cooper's rulings on past drunk driving cases. Formal proceedings will now determine whether a judge with a history of alcohol-related arrests can be fair and unbiased in the courtroom.
"A lot of judges on the bench now, I've went up against them in the past," says Attorney at Law, John Minore who has gone head-to-head with Cooper on many occasions. He says the justice of the peace is at the center of a witch hunt.
"I think it crosses ethical lines, and in viewing the motion and the attachments to it, it's pretty offensive that they went in there and attached police reports it," says Minore. The motion includes embarrassing details about the arrest-- details that say Cooper was so drunk that he fell down and wet himself. It also comes with a police report on Cooper's 2001 DUI arrest which took place before he was appointed,
Defense attorneys for more than two dozen active DUI cases have until the end of next week to respond to the motion.
"It says he breached judicial ethics and canons and how do I respond as a defense attorney to the judge's conduct outside?"
The motion further questions Cooper's rulings on past drunk driving cases. Formal proceedings will now determine whether a judge with a history of alcohol-related arrests can be fair and unbiased in the courtroom.
Officer Troy Giovengo Arrested for Stalking
FORT PIERCE. Fla
Fort Pierce police Officer Troy Giovengo, 42, was arrested by the Port St. Lucie Police Department Friday night and charged with aggravated stalking according to Fort Pierce Police Chief R. Sean Baldwin.
Giovengo has been suspended pending the outcome of the investigation and is being held in the St. Lucie County Jail.
Giovengo is a school resource officer assigned to Lincoln Park Academy in Fort Pierce, and has been with the department since 2007, police said.
Fort Pierce police Officer Troy Giovengo, 42, was arrested by the Port St. Lucie Police Department Friday night and charged with aggravated stalking according to Fort Pierce Police Chief R. Sean Baldwin.
Giovengo has been suspended pending the outcome of the investigation and is being held in the St. Lucie County Jail.
Giovengo is a school resource officer assigned to Lincoln Park Academy in Fort Pierce, and has been with the department since 2007, police said.
Deputy Jeremy Richardson Arrested for Domestic Violence
A former Clare County sheriff's deputy was in the Isabella County Jail Friday - the second time he spent time behind bars in two days.
Jeremy Brickey Richardson, 31, was arrested Thursday for violating a bond condition. On Wednesday night he was arrested for domestic violence, Isabella County Sheriff Leo Mioduszewski said.
Richardson apparently was fired from his job at the Clare County Sheriff's Department after the first arrest on Wednesday.
Richardson is alleged to have assaulted his wife Wednesday, Mioduszewski said.
Deputies were called to the home in the 2000 block of West Beal City Road in Nottawa Township at 7:48 p.m. Wednesday.
Richardson's wife had left the residence after the alleged assault in the couple's bedroom, calling for help from her parents' home, Mioduszewski said.
"They had gotten into a pretty heated argument prior to the (alleged) assault," Mioduszewski said. "She had no serious injuries; nothing that required medical attention."
After deputies went to the home and interviewed Richardson, they arrested him for domestic violence, a 93-day misdemeanor, Mioduszewski said.
Richardson posted bond and was released from jail, but was arrested again after deputies were called back to the home at 4:16 p.m. Thursday, the sheriff said.
Richardson broke a bond violation by returning to the home; he had been ordered not to go near his wife, Mioduszewski said.
Jeremy Brickey Richardson, 31, was arrested Thursday for violating a bond condition. On Wednesday night he was arrested for domestic violence, Isabella County Sheriff Leo Mioduszewski said.
Richardson apparently was fired from his job at the Clare County Sheriff's Department after the first arrest on Wednesday.
Richardson is alleged to have assaulted his wife Wednesday, Mioduszewski said.
Deputies were called to the home in the 2000 block of West Beal City Road in Nottawa Township at 7:48 p.m. Wednesday.
Richardson's wife had left the residence after the alleged assault in the couple's bedroom, calling for help from her parents' home, Mioduszewski said.
"They had gotten into a pretty heated argument prior to the (alleged) assault," Mioduszewski said. "She had no serious injuries; nothing that required medical attention."
After deputies went to the home and interviewed Richardson, they arrested him for domestic violence, a 93-day misdemeanor, Mioduszewski said.
Richardson posted bond and was released from jail, but was arrested again after deputies were called back to the home at 4:16 p.m. Thursday, the sheriff said.
Richardson broke a bond violation by returning to the home; he had been ordered not to go near his wife, Mioduszewski said.
Friday, February 06, 2009
Judge James Heath Begged Officers Not to Arrest him for Drunk Driving
LEBANON, Ohio
A Warren County judge accused of drunken driving berated the state trooper who pulled him over, according to video footage shot by police.
The arrest took place in October, but recently released videotape showed Common Pleas Court Judge James Heath urging the trooper not to arrest him.
The state trooper said he spotted Heath swerving as he drove on Locust Street in Wilmington, and authorities also said the judge ran a stoplight.
Heath told police that side effects from chemotherapy treatment had killed nerve endings in his hands and impaired his vision.
The trooper asked the judge if the treatments also affected the way he walked and stood.
“Yeah, big time,” Heath said.
The judge admitted to drinking alcohol, but denied that he was intoxicated.
“I had like two glasses of wine, a long time ago, a long time ago,” Heath told the trooper.
The trooper administered a field sobriety test to Heath, who begged the officer not to arrest him.
“I'm a judge,” Heath said. “I don't want to go through with all this. I don't want to go through the whole thing. We work with your court, too.”
Heath continued pleading with the trooper.
“Please don't do this,” Heath said. “Don't do this. It will ruin my career. It will ruin yours.”
The trooper told Heath that he must perform his job duties and asked the judge to be understanding.
“I understand, but I also understand that I work nonstop with you guys,” Heath said. “The highway patrol down there, they come to my house 24-7. I am the judge they always come to. I'm the guy they come to.”
The trooper asked Heath to stop, but the judge cut him off.
“I’m not ‘Mister’ Heath,” he said. “I’m Judge Heath.”
The judge was charged with driving under the influence, but he later pleaded guilty to a lesser charge of reckless operation.
Video: http://www.wlwt.com/video/18660345/index.html
A Warren County judge accused of drunken driving berated the state trooper who pulled him over, according to video footage shot by police.
The arrest took place in October, but recently released videotape showed Common Pleas Court Judge James Heath urging the trooper not to arrest him.
The state trooper said he spotted Heath swerving as he drove on Locust Street in Wilmington, and authorities also said the judge ran a stoplight.
Heath told police that side effects from chemotherapy treatment had killed nerve endings in his hands and impaired his vision.
The trooper asked the judge if the treatments also affected the way he walked and stood.
“Yeah, big time,” Heath said.
The judge admitted to drinking alcohol, but denied that he was intoxicated.
“I had like two glasses of wine, a long time ago, a long time ago,” Heath told the trooper.
The trooper administered a field sobriety test to Heath, who begged the officer not to arrest him.
“I'm a judge,” Heath said. “I don't want to go through with all this. I don't want to go through the whole thing. We work with your court, too.”
Heath continued pleading with the trooper.
“Please don't do this,” Heath said. “Don't do this. It will ruin my career. It will ruin yours.”
The trooper told Heath that he must perform his job duties and asked the judge to be understanding.
“I understand, but I also understand that I work nonstop with you guys,” Heath said. “The highway patrol down there, they come to my house 24-7. I am the judge they always come to. I'm the guy they come to.”
The trooper asked Heath to stop, but the judge cut him off.
“I’m not ‘Mister’ Heath,” he said. “I’m Judge Heath.”
The judge was charged with driving under the influence, but he later pleaded guilty to a lesser charge of reckless operation.
Video: http://www.wlwt.com/video/18660345/index.html
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