A federal judge has granted class action status to two categories of people in a civil suit that claims officers at Baltimore's Central Booking and Intake Center regularly and illegally detained certain arrestees too long and strip-searched people without cause.
The ruling, issued Thursday in U.S. District Court in Baltimore, opens the door for tens of thousands of people processed from May 2002 through April 2008 to join the suit, which seeks unspecified monetary damages. Central booking processes everyone arrested within city limits.
Class action status means "everything" to the success of the case, attorney William Claiborne said.
"Most of these cases are difficult to try. It's difficult for an individual to get a lawyer, it's difficult for an individual to persuade a jury that he's telling the truth," he said. "But when you have 50 or 60 or 100,000 people coming in, it changes the balance, it really changes the balance of power. It's like having a union."
Lawyers at the Maryland attorney general's office, which represents officials at the intake facility, were reviewing the opinion Friday and were unable to comment. Central Booking officials have denied any wrongdoing in court papers.
Strip searches are supposed to take place only under certain circumstances, yet Claiborne's case is one of a growing number of federal lawsuits alleging that unconstitutional strip searches by Maryland law enforcement officials are routine. A Baltimore man recently filed a civil suit alleging that a city police officer cavity-searched him on the sidewalk without cause, and a group of young women are suing Harford County officers with similar allegations.
This month, state Sen. James Brochin of Baltimore County filed a bill that offers specific strip-search guidelines in response to a Baltimore Sun article that related the experience of Rosemary Munyiri, a nurse who was arrested and strip-searched at Central Booking after a traffic stop.
The bill would prohibit officers from conducting strip searches on people arrested under certain circumstances or for certain minor offenses, allowing exceptions "if the officer has a reasonable suspicion" that certain contraband is being concealed, as the Maryland Court of Special Appeals has deemed appropriate. The bill would also establish rules for strip-search procedure.
A hearing on the bill is scheduled before the Senate Judicial Proceedings Committee tomorrow.
The suit Claiborne and his co-counsel filed began with nine people who claim they were treated improperly at Central Booking. They sought class action categories for:
•Those detained for more than 48 hours without having been brought before a commissioner, which is prohibited.
•People arrested for minor, nondrug, nonviolent offenses and strip-searched before they were brought before a commissioner.
•Those who weren't strip-searched privately.
•And male arrestees who were searched to their underwear when female detainees were not.
The latter two categories were denied class action status by U.S. District Judge Catherine C. Blake.
Monday, March 23, 2009
Former Officer Pedro Martinez Back in Court on Rape Charges
A 20-year city police officer was ordered held on $250,000 cash or surety after he pleaded innocent Monday to 25 counts of sexual crimes involving three victims, including two of his biological daughters.
Assistant District Attorney John Compton had asked for bail of $250,000 cash, with no surety option, saying Pedro J. Martinez faces such long sentences if convicted that he has an incentive to flee.
Raipher D. Pellegrino, Martinez's lawyer, asked that he remain free on the $25,000 bail set in District Court when Martinez was arraigned on three counts of forcible rape of a child and three counts of incest.
"He maintains his innocence," Pellegrino said.
Hampden Superior Court Judge Bertha D. Josephson said that the court must make bail decisions on the likelihood of a defendant to appear in court if released on bail, and added the surety option to Compton's request.
If Martinez is released he will be on electronic monitoring with a zero curfew as he has been since release on bail on the District Court charges, and he must have no contact with the victims.
A pre-trial hearing will be held July 21.
Outside the courtroom after the arraignment, Springfield police Special Victims Unit Lt. Cheryl C. Clapprood said the investigation was very difficult in part because "we have known him for so long."
She said that the man before the court Monday is not the man fellow officers thought they knew.
Clapprood said she was not sure whether there would be any more victims coming forward, but she expects there will be more evidence. The third victim is a female who lived in Martinez' house for a time, she said.
She said the investigation encompasses events as far back as 1985.
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More Information & Video: http://www.cbs3springfield.com/news/local/41710282.html
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/02/officer-pedro-martinez-arrested-for.html
Assistant District Attorney John Compton had asked for bail of $250,000 cash, with no surety option, saying Pedro J. Martinez faces such long sentences if convicted that he has an incentive to flee.
Raipher D. Pellegrino, Martinez's lawyer, asked that he remain free on the $25,000 bail set in District Court when Martinez was arraigned on three counts of forcible rape of a child and three counts of incest.
"He maintains his innocence," Pellegrino said.
Hampden Superior Court Judge Bertha D. Josephson said that the court must make bail decisions on the likelihood of a defendant to appear in court if released on bail, and added the surety option to Compton's request.
If Martinez is released he will be on electronic monitoring with a zero curfew as he has been since release on bail on the District Court charges, and he must have no contact with the victims.
A pre-trial hearing will be held July 21.
Outside the courtroom after the arraignment, Springfield police Special Victims Unit Lt. Cheryl C. Clapprood said the investigation was very difficult in part because "we have known him for so long."
She said that the man before the court Monday is not the man fellow officers thought they knew.
Clapprood said she was not sure whether there would be any more victims coming forward, but she expects there will be more evidence. The third victim is a female who lived in Martinez' house for a time, she said.
She said the investigation encompasses events as far back as 1985.
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More Information & Video: http://www.cbs3springfield.com/news/local/41710282.html
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/02/officer-pedro-martinez-arrested-for.html
Trial Begins for Former Officer Malik Snell Accused of Robbery
He drove a Dodge Intrepid tricked out like a police narcotics unit undercover car, with tinted windows, lights, sirens, a police radio console, and a screen that separated the front and back seats.
He had his gun.
And, more important, he had his badge.
Those, federal prosecutors say, were the tools of the trade for rogue Philadelphia cop Malik Snell as he targeted suspected narcotics dealers, pulled them over, and stole their cash or their drugs.
Snell, who has pleaded not guilty to charges of conspiracy, robbery, and witness retaliation, is to go on trial today in U.S. District Court. In October, a trial on some of the charges ended with a hung jury.
An 11-year veteran of the Police Department who was assigned to the 18th District in West Philadelphia, Snell, 36, was fired last year after his arrest in a Pottstown home-invasion case. Two superseding federal indictments have expanded the charges against him.
Among other things, he is now accused of robbing one of the biggest drug kingpins in South Philadelphia and later threatening to kill him because he was cooperating.
The kingpin, Ricardo McKendrick Jr., is expected to be called as a witness for the prosecution.
McKendrick, according to motions filed in the case, has alleged that he was stopped by Snell on Dec. 14, 2007, near Water and Dickinson Streets in South Philadelphia.
Snell, driving the Dodge Intrepid, flashed the car's lights and signaled for McKendrick, who was driving a minivan, to pull over.
Federal prosecutors allege that Snell "removed him from the [minivan] and placed him in handcuffs. . . . Snell then searched the [minivan] and took a diaper bag from the back of the van which contained $40,000 in drug proceeds.
"He put the diaper bag in the trunk of the Intrepid and left [McKendrick] handcuffed and unable to leave," according to a motion filed by Assistant U.S. Attorneys Kathy A. Stark and Leo R. Tsao, the prosecutors in the case.
Snell was arrested three days later in connection with an unrelated home invasion in Pottstown. Two men, including his brother-in-law, were charged with breaking into a house where they believed drug money was stashed.
Authorities allege that Snell drove the men to Pottstown and waited outside during the break-in. He and his brother-in-law were arrested after a high-speed police chase, just outside the Montgomery County borough.
Both the brother-in-law, Tyree Aimes, and a second defendant pleaded guilty before trial. Snell's trial ended with a hung jury.
Federal prosecutors, apparently using information supplied by McKendrick and others, have since expanded the charges against Snell. He is being held without bail in the Federal Detention Center on Arch Street.
In the new trial, prosecutors hope to use Aimes' account of other incidents to undermine Snell's assertion that he was an unwitting accomplice, unaware that a robbery was planned on the night of the home invasion.
Snell's attorney, John McMahon of Norristown, has declined to comment about specifics of the case. He is expected to attack the credibility of several government witnesses who come from the drug underworld.
Aimes, according to one prosecution document, has talked about other encounters in which, he says, Snell targeted drug dealers.
Aimes has said that before the Pottstown home invasion, Snell used him to stake out two houses in Philadelphia where narcotics trafficking was allegedly taking place.
After showing him the Intrepid, which Snell allegedly said came from "a friend in the narcotics unit," Aimes said, Snell told him, "I have a job to do" at one of the suspected drug houses.
One house was off the corner of D Street and Allegheny Avenue, and the other was on Callowhill Street between 63d and 64th Streets, according to documents.
Aimes said Snell told him the house on Callowhill was frequently used by a Jamaican marijuana dealer. Aimes said he was watching when Snell, driving the Intrepid, pulled over a woman who had come from the house carrying a bag. The woman was driving a Chevy Malibu, he said.
"Snell pulled the Intrepid out behind her, activated the police lights and pulled the Malibu over," according to a prosecution motion that outlines Aimes' account.
About two hours later, Aimes said, Snell came to his home and gave him a pound of marijuana.
"He told him he had gotten ten pounds of weed from the car stop," according to the motion.
Aimes told authorities that he staked out the house off Allegheny Avenue several times for Snell, but that nothing occurred there.
About the same time, Aimes said, he learned about drug money being stashed in a house in Pottstown and told Snell he "had a job" there.
Snell, he said, agreed to participate.
The Callowhill Street incident is not part of the current indictment, but prosecutors hope to use testimony about it to establish a pattern of criminal activity by Snell.
The charges in the case include the Pottstown home invasion, the robbery of $40,000 from McKendrick, and allegations that Snell later threatened to kill McKendrick and another suspected witness.
McKendrick's father, Ricardo McKendrick Sr., is a former member of the Black Mafia and a longtime Philadelphia drug trafficker, according to investigators who have described the duo as "suppliers to the suppliers" and key players in the Philadelphia drug underworld.
The McKendricks were arrested in April after members of an FBI-Philadelphia Police Department Violent Gang and Drug Task Force raided their South Philadelphia rowhouse.
Authorities found more than 600 pounds of cocaine valued at more than $28 million in the house, in Grays Ferry. It was one of the biggest drug seizures in city history.
The FBI also found nearly $1 million in cash in the trunk of the younger McKendrick's Mercedes, which was parked in the garage of his South Jersey home.
Both McKendricks entered guilty pleas to drug charges in December. Most of the documents in the younger McKendrick's court file relating to his plea have been placed under seal.
McKendrick's decision to cooperate could have ramifications far beyond the current case against Snell. McKendrick's potential debut as a government witness has created a stir in both law enforcement and underworld circles.
Snell allegedly made the threat to "inflict bodily harm" on McKendrick on Jan. 30, shortly after news accounts raised the possibility that he might be cooperating.
Retired Judge James Weaver Arrested Again for Drunk Driving
DES MOINES, Iowa
A retired Muscatine County judge was arrested for a third time over the weekend on a drunken driving charge.
According to Iowa State Patrol officials, 56-year-old James Weaver of Blue Grass was arrested Saturday afternoon in Scott County on charges of operating while intoxicated, speeding, seat belt violation and disobeying a traffic-control device.
Weaver, who served as an associate judge from 1982 to 2004, posted $5,900 bond and was scheduled to appear in court Tuesday morning.
If convicted of a third drunken driving offense, he faces up to five years in prison and a fine of up to $7,500.
An attempt to reach Weaver on Monday morning at a number listed for the Weaver Law Office in Muscatine wasn't immediately returned.
According to the state patrol, Weaver was southbound on Highway 61 on Saturday afternoon when a trooper clocked him for speeding, saw that he failed to stop at a traffic-control device and wasn't wearing a seat belt.
The trooper caught up with Weaver at the Blue Grass exit and detected a strong odor of alcohol on the former judge's breath as well as bloodshot eyes.
Weaver failed a field sobriety test, and when he arrived at the Scott County Jail a breath test showed his blood alcohol content was 0.166, more than twice the legal limit for driving of 0.08, the patrol said.
Weaver pleaded guilty to his first drunken driving offense in November 2002 after a Scott County deputy saw his car hit a utility pole. In December 2004, he was charged with second offense drunken driving after his arrest a month earlier. In that incident, police said a caller complained that a "reckless driver" had almost caused an accident.
Around the same time, Weaver was allowed to retire from the court system with a permanent disability because he was found to suffer from major depression and alcohol abuse.
In April 2005, Weaver was sentenced on the second offense drunken driving charge. He was committed to the Iowa Department of Corrections for two years to be served at a work release center and ordered to participate in alcohol treatment.
Weaver appealed his judgment and sentence to the Iowa Court of Appeals, saying the judge in his case abused his discretion. The appeals court rejected the argument.
Corrections officials have said that Weaver was released from the work release center in the spring of 2007 after serving only 25 days. He was resentenced to one year of unsupervised probation after a district court judge heard arguments on a motion to reconsider his sentence.
Last March, the Iowa Supreme Court suspended Weaver's license to practice law based on the second drunken driving arrest and critical comments he made to the media about the judge overseeing his case. The license has been reinstated, court records showed.
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http://www.kcautv.com/Global/story.asp?S=10053657
A retired Muscatine County judge was arrested for a third time over the weekend on a drunken driving charge.
According to Iowa State Patrol officials, 56-year-old James Weaver of Blue Grass was arrested Saturday afternoon in Scott County on charges of operating while intoxicated, speeding, seat belt violation and disobeying a traffic-control device.
Weaver, who served as an associate judge from 1982 to 2004, posted $5,900 bond and was scheduled to appear in court Tuesday morning.
If convicted of a third drunken driving offense, he faces up to five years in prison and a fine of up to $7,500.
An attempt to reach Weaver on Monday morning at a number listed for the Weaver Law Office in Muscatine wasn't immediately returned.
According to the state patrol, Weaver was southbound on Highway 61 on Saturday afternoon when a trooper clocked him for speeding, saw that he failed to stop at a traffic-control device and wasn't wearing a seat belt.
The trooper caught up with Weaver at the Blue Grass exit and detected a strong odor of alcohol on the former judge's breath as well as bloodshot eyes.
Weaver failed a field sobriety test, and when he arrived at the Scott County Jail a breath test showed his blood alcohol content was 0.166, more than twice the legal limit for driving of 0.08, the patrol said.
Weaver pleaded guilty to his first drunken driving offense in November 2002 after a Scott County deputy saw his car hit a utility pole. In December 2004, he was charged with second offense drunken driving after his arrest a month earlier. In that incident, police said a caller complained that a "reckless driver" had almost caused an accident.
Around the same time, Weaver was allowed to retire from the court system with a permanent disability because he was found to suffer from major depression and alcohol abuse.
In April 2005, Weaver was sentenced on the second offense drunken driving charge. He was committed to the Iowa Department of Corrections for two years to be served at a work release center and ordered to participate in alcohol treatment.
Weaver appealed his judgment and sentence to the Iowa Court of Appeals, saying the judge in his case abused his discretion. The appeals court rejected the argument.
Corrections officials have said that Weaver was released from the work release center in the spring of 2007 after serving only 25 days. He was resentenced to one year of unsupervised probation after a district court judge heard arguments on a motion to reconsider his sentence.
Last March, the Iowa Supreme Court suspended Weaver's license to practice law based on the second drunken driving arrest and critical comments he made to the media about the judge overseeing his case. The license has been reinstated, court records showed.
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http://www.kcautv.com/Global/story.asp?S=10053657
Undercover Officer Richard Ramsdale Arrested for Having Cocaine in Police Car
ALAMOGORDO, N.M.
An undercover Alamogordo Department of Public Safety officer has been arrested after officers allegedly found 1.3 pounds of cocaine in his police unit.
Richard Ramsdale has served as an undercover police officer for the Alamogordo Department of Public Safety since last month, a year after he joined the department.
Before that, he served in the narcotics unit in the Otero County Sheriff's Department.
Investigators said the arrest doesn't appear to have compromised any criminal cases.
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http://www.kvia.com/Global/story.asp?S=10056765
An undercover Alamogordo Department of Public Safety officer has been arrested after officers allegedly found 1.3 pounds of cocaine in his police unit.
Richard Ramsdale has served as an undercover police officer for the Alamogordo Department of Public Safety since last month, a year after he joined the department.
Before that, he served in the narcotics unit in the Otero County Sheriff's Department.
Investigators said the arrest doesn't appear to have compromised any criminal cases.
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http://www.kvia.com/Global/story.asp?S=10056765
Three Aurora Officers Charged with Drunk Driving
AURORA, Ohio
Three police officers in three years, charged with drunk driving, all from the same department.
Sgt. Dirk Piggot, a 24 year veteran of the Aurora Police Department was pulled over for weaving by the State Highway Patrol on March 13th. It happened just north of Columbus.
The Mayor of Aurora, Lynn McGill, told FOX 8's Kristy Steeves that Piggot refused a breathalizer test so his driver's license was immediately suspended.
Residents in Aurora were shocked and disappointed when they heard the news. "I think it's appalling. Obviously a bad example for the citizens of the community which they serve and endangers the citizens of the community in which they serve," said Walter Crate, an Aurora resident.
Mary Allard reacted to the news by saying, "I think he should be removed from the job. He's in charge of everybody and he's supposed to make our streets safe but if he isn't doing his job".
Piggot, who was off duty at the time of his arrest, is the second Aurora police officer in three months to get stopped for an OVI.
In December 41-year-old Scott Garan was pulled over in Kent for erratic driving. Records show he refused all of the sobriety tests and was charged with OVI and criminal damaging.
Those charges came on the heels of him being named Aurora's Top OVI Enforcer at the Portage County MADD banquet in October.
The mayor says Garan ended up resigning from the police department. As for Sgt. Piggot, the mayor says right now, he's on unpaid leave.
Nadine Kotcz, who lives in Aurora, had this to say: "You can't make exceptions whether someone is a police officer or not. I think if it's something that's not right they should be treated like everyone else."
Three years ago a lieutentant was arrested for drunk driving. He's now back on basic patrol. As for Piggot, the mayor says he's just one year shy of retiring. The mayor says if Sgt. Piggot is convicted, he will be disciplined. "We don't coddle people here," said McGill.
Mayor McGill says the drunk driving arrests "gives the city, the department, and the mayor a black eye."
Mayor McGill told FOX 8 that the police officers are cautioned every day about not drinking and driving. "They know better," he said, adding, "There's no excuse, but to be a police officer, you're impared, you don't drive."
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Other Information: http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1237797083279300.xml&coll=2
Three police officers in three years, charged with drunk driving, all from the same department.
Sgt. Dirk Piggot, a 24 year veteran of the Aurora Police Department was pulled over for weaving by the State Highway Patrol on March 13th. It happened just north of Columbus.
The Mayor of Aurora, Lynn McGill, told FOX 8's Kristy Steeves that Piggot refused a breathalizer test so his driver's license was immediately suspended.
Residents in Aurora were shocked and disappointed when they heard the news. "I think it's appalling. Obviously a bad example for the citizens of the community which they serve and endangers the citizens of the community in which they serve," said Walter Crate, an Aurora resident.
Mary Allard reacted to the news by saying, "I think he should be removed from the job. He's in charge of everybody and he's supposed to make our streets safe but if he isn't doing his job".
Piggot, who was off duty at the time of his arrest, is the second Aurora police officer in three months to get stopped for an OVI.
In December 41-year-old Scott Garan was pulled over in Kent for erratic driving. Records show he refused all of the sobriety tests and was charged with OVI and criminal damaging.
Those charges came on the heels of him being named Aurora's Top OVI Enforcer at the Portage County MADD banquet in October.
The mayor says Garan ended up resigning from the police department. As for Sgt. Piggot, the mayor says right now, he's on unpaid leave.
Nadine Kotcz, who lives in Aurora, had this to say: "You can't make exceptions whether someone is a police officer or not. I think if it's something that's not right they should be treated like everyone else."
Three years ago a lieutentant was arrested for drunk driving. He's now back on basic patrol. As for Piggot, the mayor says he's just one year shy of retiring. The mayor says if Sgt. Piggot is convicted, he will be disciplined. "We don't coddle people here," said McGill.
Mayor McGill says the drunk driving arrests "gives the city, the department, and the mayor a black eye."
Mayor McGill told FOX 8 that the police officers are cautioned every day about not drinking and driving. "They know better," he said, adding, "There's no excuse, but to be a police officer, you're impared, you don't drive."
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Other Information: http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1237797083279300.xml&coll=2
Officer Amanda Perry Now Being Investigated for Embezzlement
FAIRFAX, Va.
Fairfax County police say an officer who was involved in a fatal crash is now under investigation for embezzlement and has resigned from the department.
Officials say 23-year-old Amanda Perry has been accused of falsifying her work time and attendance reports. Police say she had been placed on administrative duty after the February 2008 crash.
Fairfax Commonwealth's Attorney Raymond Morrogh says he has not decided whether to charge Perry.
Fairfax prosecutors had charged Perry last year with reckless driving in the crash, which killed a 33-year-old teacher's assistant. Perry was found not guilty after a September trial.
Information from: The Washington Post, http://www.washingtonpost.com
Fairfax County police say an officer who was involved in a fatal crash is now under investigation for embezzlement and has resigned from the department.
Officials say 23-year-old Amanda Perry has been accused of falsifying her work time and attendance reports. Police say she had been placed on administrative duty after the February 2008 crash.
Fairfax Commonwealth's Attorney Raymond Morrogh says he has not decided whether to charge Perry.
Fairfax prosecutors had charged Perry last year with reckless driving in the crash, which killed a 33-year-old teacher's assistant. Perry was found not guilty after a September trial.
Information from: The Washington Post, http://www.washingtonpost.com
Officer Scott Moss Accused of Assaulting Wife
SEATTLE
A Seattle police officer was accused of assaulting his wife was ordered Monday to have no contact with her.
Officer Scott Moss was booked into jail early Saturday morning for investigation of second-degree assault.
According to a police report, deputies were dispatched to the couple's Sammamish home where Moss' wife told them Moss had held her wrists during an argument and cut her hand with a kitchen knife.
Moss, who previously served as one of the department's public information officers, was also arrested in 2005 for investigation of driving under the influence.
Moss has been with the department for 15 years and was most recently assigned to the Office of Professional Accountability, but Seattle police officials said in a statement that Moss was not responsible for conducting internal investigations.
At his bail hearing Monday afternoon, a judge issued a no-contact order against Moss and instructed him not to consume alcohol.
Seattle police officials say Moss' badge and gun will be seized upon his release from jail, and he will relieved of duty and then administratively reassigned.
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http://www.kirotv.com/news/18992714/detail.html
A Seattle police officer was accused of assaulting his wife was ordered Monday to have no contact with her.
Officer Scott Moss was booked into jail early Saturday morning for investigation of second-degree assault.
According to a police report, deputies were dispatched to the couple's Sammamish home where Moss' wife told them Moss had held her wrists during an argument and cut her hand with a kitchen knife.
Moss, who previously served as one of the department's public information officers, was also arrested in 2005 for investigation of driving under the influence.
Moss has been with the department for 15 years and was most recently assigned to the Office of Professional Accountability, but Seattle police officials said in a statement that Moss was not responsible for conducting internal investigations.
At his bail hearing Monday afternoon, a judge issued a no-contact order against Moss and instructed him not to consume alcohol.
Seattle police officials say Moss' badge and gun will be seized upon his release from jail, and he will relieved of duty and then administratively reassigned.
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http://www.kirotv.com/news/18992714/detail.html
Sunday, March 22, 2009
Chief Michael Poulin Arrested for Domestic Violence
Milo's police chief has been arrested on a domestic assault charge.
Town Manager Jeff Gahagan confirms that Chief Michael Poulin was arrested by Piscataquis County Sheriff's Deputies on Friday night.
Gahagan isn't releasing details, but will say Poulin is on paid leave while an investigation is conducted.
Poulin was booked at the Piscataquis County Jail Friday night and was released on bail later that same night.
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Video: http://www.wabi.tv/news/5223/police-chief-arrested-for-domestic-assault
Town Manager Jeff Gahagan confirms that Chief Michael Poulin was arrested by Piscataquis County Sheriff's Deputies on Friday night.
Gahagan isn't releasing details, but will say Poulin is on paid leave while an investigation is conducted.
Poulin was booked at the Piscataquis County Jail Friday night and was released on bail later that same night.
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Video: http://www.wabi.tv/news/5223/police-chief-arrested-for-domestic-assault
Former Deputy LeRoy Svoboda Charged with Having Sex with Mentally Retarded Woman
A former Greeley County Sheriff's Deputy and police officer in Ord Nebraska is accused in court documents of having sex with a mentally retarded woman who later gave birth to his child.
LeRoy Svoboda was charged last week in Hall County with first-degree sexual assault, but details of the case were not released.
An affidavit filed in the case says the 67-year-old Svoboda had sex with the woman in his former residence in Ord. She gave birth to a daughter on Jan. 26, and DNA testing showed Svoboda was the father.
A psychologist says in court documents that the 28-year-old woman is vulnerable and cannot give her consent for sex.
If convicted, Svoboda faces up to 50 years in prison.
Svoboda had been in law enforcement for more than 35 years.
LeRoy Svoboda was charged last week in Hall County with first-degree sexual assault, but details of the case were not released.
An affidavit filed in the case says the 67-year-old Svoboda had sex with the woman in his former residence in Ord. She gave birth to a daughter on Jan. 26, and DNA testing showed Svoboda was the father.
A psychologist says in court documents that the 28-year-old woman is vulnerable and cannot give her consent for sex.
If convicted, Svoboda faces up to 50 years in prison.
Svoboda had been in law enforcement for more than 35 years.
Hutchinson Police Investigate 3 Officers for Excessive Force
Hutchinson police are trying to determine if three officers used excessive force on a suspect after video surfaced of his arrest.
A police car videotape shows the arrest of Anthony White, 39, in his driveway on March 9, 2008. He was stopped for driving under the influence after he wrecked his motorcycle.
The video shows White being taken and held down by officers Bryan Rodriguez and Scott Perry, who left the department in August. Sgt. David Miller is then seen entering the garage.
"He dropped down and started kicking him," White's wife, Lisa White, said of Miller. She heard the commotion in the garage and came outside to see what was happening. "And he continued it and continued it and continued it."
Anthony White obtained the video from his attorney, who received it as evidence during the municipal court proceedings in the DUI case. White made it available to The Hutchinson News after attempts to find an attorney to represent him in a possible civil suit were unsuccessful.
The newspaper then showed it to police.
"This is the first time I've seen this," Hutchinson Police Capt. Troy Hoover said Wednesday. Hoover then began making calls to initiate an internal review of the situation.
"Although the video is initially very disturbing to watch, I don't want to make a judgment of what was going on based on what you can see in a dimly lit garage," Hoover said. "But it certainly is worthy of investigation."
Anthony White said he doesn't remember being kicked but he remembers being on the ground and hearing one of the officers tell the other to "choke him out" before briefly losing consciousness. What he next remembers, White said, is being lifted from the garage floor and seeing a puddle of blood on the cement below.
White eventually was taken out of the garage in handcuffs, bleeding from a cut above his right eye. He was arrested for DUI, obstruction and refusal to submit to a breath test, and taken to the hospital.
White pleaded guilty to the DUI charge, and the other charges were dismissed. He was sentenced to two days in jail, five days' house arrest, one year of probation and a $1,000 fine.
Lisa White said when she first saw the situation she was dumbfounded.
"I thought, 'Who did he kill?' " Lisa White said. "They don't just do that. All I know is the cops are in my garage, beating the hell out of my husband, and I had no idea why."
When she was informed that police had been responding to a report of an accident and the arrest was for DUI, she was even more confused.
"When I was told it's a possible DUI, this doesn't make sense," Lisa White said.
She said her husband was not struggling or yelling back at officers. In fact, while he was on the ground, he did not appear to be moving.
On Friday, Hoover said he expected the investigators will have turned in a report to him and Police Chief Dick Heitschmidt by Monday.
If an officer is found to have used unnecessary force with a suspect, "that is something I just won't tolerate, and I know the chief won't either," Hoover said.
A police car videotape shows the arrest of Anthony White, 39, in his driveway on March 9, 2008. He was stopped for driving under the influence after he wrecked his motorcycle.
The video shows White being taken and held down by officers Bryan Rodriguez and Scott Perry, who left the department in August. Sgt. David Miller is then seen entering the garage.
"He dropped down and started kicking him," White's wife, Lisa White, said of Miller. She heard the commotion in the garage and came outside to see what was happening. "And he continued it and continued it and continued it."
Anthony White obtained the video from his attorney, who received it as evidence during the municipal court proceedings in the DUI case. White made it available to The Hutchinson News after attempts to find an attorney to represent him in a possible civil suit were unsuccessful.
The newspaper then showed it to police.
"This is the first time I've seen this," Hutchinson Police Capt. Troy Hoover said Wednesday. Hoover then began making calls to initiate an internal review of the situation.
"Although the video is initially very disturbing to watch, I don't want to make a judgment of what was going on based on what you can see in a dimly lit garage," Hoover said. "But it certainly is worthy of investigation."
Anthony White said he doesn't remember being kicked but he remembers being on the ground and hearing one of the officers tell the other to "choke him out" before briefly losing consciousness. What he next remembers, White said, is being lifted from the garage floor and seeing a puddle of blood on the cement below.
White eventually was taken out of the garage in handcuffs, bleeding from a cut above his right eye. He was arrested for DUI, obstruction and refusal to submit to a breath test, and taken to the hospital.
White pleaded guilty to the DUI charge, and the other charges were dismissed. He was sentenced to two days in jail, five days' house arrest, one year of probation and a $1,000 fine.
Lisa White said when she first saw the situation she was dumbfounded.
"I thought, 'Who did he kill?' " Lisa White said. "They don't just do that. All I know is the cops are in my garage, beating the hell out of my husband, and I had no idea why."
When she was informed that police had been responding to a report of an accident and the arrest was for DUI, she was even more confused.
"When I was told it's a possible DUI, this doesn't make sense," Lisa White said.
She said her husband was not struggling or yelling back at officers. In fact, while he was on the ground, he did not appear to be moving.
On Friday, Hoover said he expected the investigators will have turned in a report to him and Police Chief Dick Heitschmidt by Monday.
If an officer is found to have used unnecessary force with a suspect, "that is something I just won't tolerate, and I know the chief won't either," Hoover said.
______________
Denver Police Still Investigating if Officer Charles Porter Lied
A Denver Police officer accused of assaulting a teenager has been cleared of wrongdoing by a jury.
But Denver Police say they have a lot more investigating to do in the case of Juan Vasquez, the teenage boy who was seriously injured last April after a foot chase with police.
The officer accused of the beating, 13-year veteran Charles Porter, was cleared of first-degree assault March 12 by a jury that heard conflicting stories from officers about what happened the day Vasquez was beaten.
Now the department is trying to figure out who lied.
"We know that this kid was assaulted by a Denver police officer, and we know that at least one Denver police officer committed perjury in this trial," independent police monitor Richard Rosenthal told The Denver Post.
The case started last April when Vasquez, who was 16 at the time, ran from three officers pursuing him for a possible open-container violation.
During the resulting scuffle, one officer repeatedly jumped on the boy's back, causing serious internal injuries. The city of Denver ended up paying the boy $885,000 to settle a lawsuit over the beating.
In Porter's trial, the three officers gave different accounts of what happened.
Porter, 41, testified that he fell behind during the foot chase and that by the time he arrived, Officers Luis Rivera and Cameron Moerman had Vasquez on the ground, complaining he couldn't breathe.
"I don't know what happened that night. By the time I arrived, the juvenile was handcuffed and in custody," Porter testified.
The other officers, Rivera and Moerman, testified that they saw Porter jump on Vasquez and Rivera heard him say later the beating was "just something I do lately."
Vasquez gave conflicting testimony and seemed unsure which officer jumped on him.
Detective Rufino Trujillo, past president of the state chapter of the National Latino Peace Officers Association, told the newspaper that conflicting stories from the officers led to Porter's acquittal.
Trujillo said that with no clear physical evidence, prosecutors were relying on the credibility of officers Rivera and Moerman. Neither Moerman nor Rivera blamed Porter for the beating until they talked to internal affairs investigators six days after it happened.
"Their credibility was in question, and you were not going to get a conviction," Trujillo said.
Denver Assistant District Attorney Doug Jackson said the other two officers waited to come forward out of loyalty to a fellow officer, not because their story wasn't true.
"They didn't want themselves to be looked on unkindly by other officers for ratting out one of their senior officers," Jackson said.
Porter, who was suspended without pay, remains on suspension but is back on the department payroll. He will also recover salary withheld since he was arrested for assault last May.
Moerman and Rivera remain on duty.
The newspaper reported that the police department plans to continue investigating the beating, and that the FBI may intervene and bring federal civil-rights charges if a review turns up wrongdoing.
---
Information from: The Denver Post, http://www.denverpost.com
But Denver Police say they have a lot more investigating to do in the case of Juan Vasquez, the teenage boy who was seriously injured last April after a foot chase with police.
The officer accused of the beating, 13-year veteran Charles Porter, was cleared of first-degree assault March 12 by a jury that heard conflicting stories from officers about what happened the day Vasquez was beaten.
Now the department is trying to figure out who lied.
"We know that this kid was assaulted by a Denver police officer, and we know that at least one Denver police officer committed perjury in this trial," independent police monitor Richard Rosenthal told The Denver Post.
The case started last April when Vasquez, who was 16 at the time, ran from three officers pursuing him for a possible open-container violation.
During the resulting scuffle, one officer repeatedly jumped on the boy's back, causing serious internal injuries. The city of Denver ended up paying the boy $885,000 to settle a lawsuit over the beating.
In Porter's trial, the three officers gave different accounts of what happened.
Porter, 41, testified that he fell behind during the foot chase and that by the time he arrived, Officers Luis Rivera and Cameron Moerman had Vasquez on the ground, complaining he couldn't breathe.
"I don't know what happened that night. By the time I arrived, the juvenile was handcuffed and in custody," Porter testified.
The other officers, Rivera and Moerman, testified that they saw Porter jump on Vasquez and Rivera heard him say later the beating was "just something I do lately."
Vasquez gave conflicting testimony and seemed unsure which officer jumped on him.
Detective Rufino Trujillo, past president of the state chapter of the National Latino Peace Officers Association, told the newspaper that conflicting stories from the officers led to Porter's acquittal.
Trujillo said that with no clear physical evidence, prosecutors were relying on the credibility of officers Rivera and Moerman. Neither Moerman nor Rivera blamed Porter for the beating until they talked to internal affairs investigators six days after it happened.
"Their credibility was in question, and you were not going to get a conviction," Trujillo said.
Denver Assistant District Attorney Doug Jackson said the other two officers waited to come forward out of loyalty to a fellow officer, not because their story wasn't true.
"They didn't want themselves to be looked on unkindly by other officers for ratting out one of their senior officers," Jackson said.
Porter, who was suspended without pay, remains on suspension but is back on the department payroll. He will also recover salary withheld since he was arrested for assault last May.
Moerman and Rivera remain on duty.
The newspaper reported that the police department plans to continue investigating the beating, and that the FBI may intervene and bring federal civil-rights charges if a review turns up wrongdoing.
---
Information from: The Denver Post, http://www.denverpost.com
15-year-old Boy Dies after Being Tasered
BAY CITY, Mich.
Police in Michigan say a 15-year-old boy has died after being Tasered by officers who were trying to break up a fight.
Police didn't release his name and say state police are investigating.
A Bay City police news release says officers answered a report of an early morning fight on Sunday. The statement says two males were arguing in an apartment, and one of them "attempted to fight the officers."
Police say officers Tasered him, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center.
Deputy Chief Thomas Pletzke tells WNEM-TV police placed one officer on administrative leave.
_________________
http://wsgw.com/Tasered-Teen-Dies/4063076
Police in Michigan say a 15-year-old boy has died after being Tasered by officers who were trying to break up a fight.
Police didn't release his name and say state police are investigating.
A Bay City police news release says officers answered a report of an early morning fight on Sunday. The statement says two males were arguing in an apartment, and one of them "attempted to fight the officers."
Police say officers Tasered him, and his reaction led them to immediately call for emergency medical help. He was pronounced dead at Bay Regional Medical Center.
Deputy Chief Thomas Pletzke tells WNEM-TV police placed one officer on administrative leave.
_________________
http://wsgw.com/Tasered-Teen-Dies/4063076
Saturday, March 21, 2009
Jeremy Stevens Claims Police Brutality
A case of mistaken identity allegedly turns into a brutal scene that leaves two young Opelousas men battered and members of OPD being investigated.
Eighteen year old Jeremy Stevens says he was shocked when six members of the Opelousas Police Department Crime Suppression Team stormed into this home in Opelousas Tuesday.
"They were looking for someone they thought ran in the house. All the cops ran in the house. We all ran. I ran in the closet. They found me in the closet put me in handcuffs and started beating me."
Stevens says he and his friend ran from police and were subsequently beaten.
"They'll hold me. One would hit me in my ribs and the other throw CD cases at my face, kicking, scratching in my face, my sides are bruised, sore. I had to miss a couple days of work."
Stevens says after the officers left without making any arrests, he called his grandmother and mother who took him to the hospital.
Morris filed a complaint with the Opelousas Police Department. Chief Perry Gallow says the incident is under investigation
"All of that are just accusations at this point and we're going to get to the bottom of the incident and make sure our officers we're just in what they were doing" says Gallow.
Christy Morris says her son is not the only victim of Opelousas Police brutality.
"Any children that's getting harassed and beat, need to come forward. Because if they don't it's gonna keep going on. This is my child. I love my child and I will do something about it. I'm doing something about it."
Christy Morris says she has not heard back from Chief Gallow since filing the report on Wednesday.
Morris says she will follow up with the Chief on Monday and will not settle for anything less than a full-fledged investigation.
Eighteen year old Jeremy Stevens says he was shocked when six members of the Opelousas Police Department Crime Suppression Team stormed into this home in Opelousas Tuesday.
"They were looking for someone they thought ran in the house. All the cops ran in the house. We all ran. I ran in the closet. They found me in the closet put me in handcuffs and started beating me."
Stevens says he and his friend ran from police and were subsequently beaten.
"They'll hold me. One would hit me in my ribs and the other throw CD cases at my face, kicking, scratching in my face, my sides are bruised, sore. I had to miss a couple days of work."
Stevens says after the officers left without making any arrests, he called his grandmother and mother who took him to the hospital.
Morris filed a complaint with the Opelousas Police Department. Chief Perry Gallow says the incident is under investigation
"All of that are just accusations at this point and we're going to get to the bottom of the incident and make sure our officers we're just in what they were doing" says Gallow.
Christy Morris says her son is not the only victim of Opelousas Police brutality.
"Any children that's getting harassed and beat, need to come forward. Because if they don't it's gonna keep going on. This is my child. I love my child and I will do something about it. I'm doing something about it."
Christy Morris says she has not heard back from Chief Gallow since filing the report on Wednesday.
Morris says she will follow up with the Chief on Monday and will not settle for anything less than a full-fledged investigation.
Deputy Justin Sumner Charged with Shooting out Lights
A Craig County, Oklahoma deputy is charged with felony destruction of property.
Justin Sumner is charged in neighboring Delaware County with two counts of maliciously defacing property of another.
Sumner is accused of shooting and damaging lights on the Arrowhead Yacht Club sign and shooting and damaging a power transformer.
The incident happened in late January and according to court documents, a security guard witnessed someone shooting the lights out.
That security guard told police he followed the suspect vehicle from the Yacht Club into Craig County.
Along the way, the witness told investigators he saw another Craig County deputy, and confirmed it was Sumner’s vehicle.
Sumner has plead not guilty to the charges and will be back in court in April.
Complaints Against Officers for Excessive Force Rarely Upheld
FORT LAUDERDALE
Suspects have complained over the years that Fort Lauderdale police are too rough, city records show. But in the last eight years, not one of those citizen complaints was upheld by investigators, or led to discipline of an officer.
All complaints lodged against Fort Lauderdale police since 2001 for excessive or unnecessary use of force were thrown out by internal affairs investigators, or were closed because the person making the complaint didn't follow up, the city's records show and officials confirmed. The agency couldn't easily retrieve records prior to 2001 because they're not electronic.
Fort Lauderdale's records show many complaints aren't fully investigated. Internal Affairs officials read the arrest reports and close many cases without getting sworn statements or launching a full probe.
Experts said it's not unusual for the vast majority of excessive force complaints to be closed in favor of law enforcement officers. The trend holds true at Broward Sheriff's Office and Palm Beach County Sheriff's Office, where few complaints led to officer punishment.
In Fort Lauderdale, the brutality track record for officers was perfect, according to the Internal Affairs files. That agency is in the spotlight after a videotape was made public this month showing police officers manhandling a 22-year-old Sunrise man in an elevator. One officer punched Joshua Daniel Ortiz in the face, breaking his nose in the Dec. 5 altercation in a downtown Fort Lauderdale bank lobby.
Ortiz was facing a charge of felony battery on a law enforcement officer, but Broward prosecutors dropped the charge after reviewing the tapes.
Many viewers were outraged, saying the officers should be punished, particularly after reading the police report that described Ortiz as the aggressor. The case was another in which Fort Lauderdale officers were cleared after a review of the tape and reports, without a full investigation.
Experts say the case is typical because often what's perceived by the public as excessive is ruled to be well within with the rules by police officials. Even videotape doesn't always change the outcome.
Police spokesman Sgt. Frank Sousa said the department's clearing of all brutality complaints shows that "the officers are doing their jobs the way they're supposed to."
"We're not in the business of inviting people over for coffee and tea," Sousa said. "Sometimes you have to pull out a gun and shoot someone."
He said each complaint is taken seriously and those that are fully investigated are also reviewed by an independent citizen's board and the State Attorney's Office.
Sousa himself was caught up in a controversy when a German tourist videotaped him kicking a suspect during an arrest outside a bar in September 2006. He was cleared by Fort Lauderdale police and the State Attorney's Office, but his video continues to draw attention on YouTube. "Perception isn't always reality," Sousa said.
Fort Lauderdale's track record isn't far afield from other agencies.
Tod Burke, a former police officer who teaches criminal justice at Radford University in Virginia, said that nationally, the same is true.
"Very few police brutality complaints are actually sustained," he said. " ... What some people will perceive as police brutality really is not."
The person lodging the complaint is often someone charged with crimes, including battery on a law enforcement officer, or resisting arrest, and might not be seen as credible, experts noted.
Lewis Katz, a law professor at Case Western University, said he thinks "we have a national problem with the use of excessive force." The system of investigating complaints is often heavily weighted in favor of police, he said, so most complaints go away.
The public tends to believe a police officer over a suspect, said Katz.
From 2005 through 2008, the years for which all three agencies provided data, Fort Lauderdale had no sustained cases of the 23 investigated, Broward Sheriff's Office had one sustained case out of 50 complaints against deputies that were investigated, or 2 percent; and Palm Beach County Sheriff's Office sustained 11 complaints out of 199 investigated, or 5.5 percent, a number that also includes complaints against jail deputies.
Ortiz said without the video, he'd be facing up to 20 years in prison. His college plans were delayed by his legal troubles, he said, but he'll be enrolling in college classes this fall.
That night, he said, he was sticking up for his girlfriend. Some strangers picked a fight in the bank lobby, and their acquaintances were involved. Police arrived, and grabbed a friend of his girlfriend's, Ortiz said.
He said the officers were "telling her to shut the 'F' up and 'I'll take your a-- to jail' because she was crying and begging for the cops to give her her friend back."
Ortiz intervened, shouting at officers on her behalf, when they came into the elevator after him.
Ortiz "walked right up to me, hitting his nose to my nose," Officer Derek Lade wrote in his report.
Ortiz didn't think he deserved to be punched, or charged with battery.
"It's a big problem. They have to do something about it. This is crazy," he said Wednesday. "If it wasn't for that tape, I'd be pretty ruined right now ... I still had my hands in my pockets when he came and rushed in to the elevator and started hitting me. There was really just no need for that."
Sousa said a person screaming on the sidelines of a fight is inciting more violence, and adding to the mayhem. He noted that the videotape didn't include audio. Sousa also defended Lade's report about the incident, which said that Ortiz came after him.
That was true, Sousa said, because Ortiz leaned toward Lade in the elevator.
Frank Scafidi, a former sheriff's deputy in Los Angeles County who is director of public affairs at the National Insurance Crime Bureau in Sacramento, said you can't expect police to enforce laws when some people won't do what they're told unless they're forced to. Public opinion is often on the officer's side, he said.
"Most people understand that there are a lot of knot heads in the world," Scafidi said, "and that they will need to get their head cracked now and then if they get crossways with the cops."
Use of force complaints
Database: Complaints against police
Suspects have complained over the years that Fort Lauderdale police are too rough, city records show. But in the last eight years, not one of those citizen complaints was upheld by investigators, or led to discipline of an officer.
All complaints lodged against Fort Lauderdale police since 2001 for excessive or unnecessary use of force were thrown out by internal affairs investigators, or were closed because the person making the complaint didn't follow up, the city's records show and officials confirmed. The agency couldn't easily retrieve records prior to 2001 because they're not electronic.
Fort Lauderdale's records show many complaints aren't fully investigated. Internal Affairs officials read the arrest reports and close many cases without getting sworn statements or launching a full probe.
Experts said it's not unusual for the vast majority of excessive force complaints to be closed in favor of law enforcement officers. The trend holds true at Broward Sheriff's Office and Palm Beach County Sheriff's Office, where few complaints led to officer punishment.
In Fort Lauderdale, the brutality track record for officers was perfect, according to the Internal Affairs files. That agency is in the spotlight after a videotape was made public this month showing police officers manhandling a 22-year-old Sunrise man in an elevator. One officer punched Joshua Daniel Ortiz in the face, breaking his nose in the Dec. 5 altercation in a downtown Fort Lauderdale bank lobby.
Ortiz was facing a charge of felony battery on a law enforcement officer, but Broward prosecutors dropped the charge after reviewing the tapes.
Many viewers were outraged, saying the officers should be punished, particularly after reading the police report that described Ortiz as the aggressor. The case was another in which Fort Lauderdale officers were cleared after a review of the tape and reports, without a full investigation.
Experts say the case is typical because often what's perceived by the public as excessive is ruled to be well within with the rules by police officials. Even videotape doesn't always change the outcome.
Police spokesman Sgt. Frank Sousa said the department's clearing of all brutality complaints shows that "the officers are doing their jobs the way they're supposed to."
"We're not in the business of inviting people over for coffee and tea," Sousa said. "Sometimes you have to pull out a gun and shoot someone."
He said each complaint is taken seriously and those that are fully investigated are also reviewed by an independent citizen's board and the State Attorney's Office.
Sousa himself was caught up in a controversy when a German tourist videotaped him kicking a suspect during an arrest outside a bar in September 2006. He was cleared by Fort Lauderdale police and the State Attorney's Office, but his video continues to draw attention on YouTube. "Perception isn't always reality," Sousa said.
Fort Lauderdale's track record isn't far afield from other agencies.
Tod Burke, a former police officer who teaches criminal justice at Radford University in Virginia, said that nationally, the same is true.
"Very few police brutality complaints are actually sustained," he said. " ... What some people will perceive as police brutality really is not."
The person lodging the complaint is often someone charged with crimes, including battery on a law enforcement officer, or resisting arrest, and might not be seen as credible, experts noted.
Lewis Katz, a law professor at Case Western University, said he thinks "we have a national problem with the use of excessive force." The system of investigating complaints is often heavily weighted in favor of police, he said, so most complaints go away.
The public tends to believe a police officer over a suspect, said Katz.
From 2005 through 2008, the years for which all three agencies provided data, Fort Lauderdale had no sustained cases of the 23 investigated, Broward Sheriff's Office had one sustained case out of 50 complaints against deputies that were investigated, or 2 percent; and Palm Beach County Sheriff's Office sustained 11 complaints out of 199 investigated, or 5.5 percent, a number that also includes complaints against jail deputies.
Ortiz said without the video, he'd be facing up to 20 years in prison. His college plans were delayed by his legal troubles, he said, but he'll be enrolling in college classes this fall.
That night, he said, he was sticking up for his girlfriend. Some strangers picked a fight in the bank lobby, and their acquaintances were involved. Police arrived, and grabbed a friend of his girlfriend's, Ortiz said.
He said the officers were "telling her to shut the 'F' up and 'I'll take your a-- to jail' because she was crying and begging for the cops to give her her friend back."
Ortiz intervened, shouting at officers on her behalf, when they came into the elevator after him.
Ortiz "walked right up to me, hitting his nose to my nose," Officer Derek Lade wrote in his report.
Ortiz didn't think he deserved to be punched, or charged with battery.
"It's a big problem. They have to do something about it. This is crazy," he said Wednesday. "If it wasn't for that tape, I'd be pretty ruined right now ... I still had my hands in my pockets when he came and rushed in to the elevator and started hitting me. There was really just no need for that."
Sousa said a person screaming on the sidelines of a fight is inciting more violence, and adding to the mayhem. He noted that the videotape didn't include audio. Sousa also defended Lade's report about the incident, which said that Ortiz came after him.
That was true, Sousa said, because Ortiz leaned toward Lade in the elevator.
Frank Scafidi, a former sheriff's deputy in Los Angeles County who is director of public affairs at the National Insurance Crime Bureau in Sacramento, said you can't expect police to enforce laws when some people won't do what they're told unless they're forced to. Public opinion is often on the officer's side, he said.
"Most people understand that there are a lot of knot heads in the world," Scafidi said, "and that they will need to get their head cracked now and then if they get crossways with the cops."
Use of force complaints
Database: Complaints against police
Officer Tarin Miller Charged with Drunk Driving
YAKIMA
A Yakima police officer will be arraigned April 15 after being charged with drunken driving.
A judge found probable cause for the charge against Officer Tarin Miller at a Wednesday hearing in Yakima County District Court.
Miller, 39, was placed on paid administrative leave following the March 2 arrest while the police department conducts a routine internal investigation, deputy police chief Kelly Rosenow said Wednesday.
A Yakima police officer stopped Miller shortly before midnight March 2 near Tieton Drive and 35th Avenue, according to a citation filed by the Washington State Patrol.
Breath tests showed her blood-alcohol level at .168 and .174, more than double the .08 legal threshold for driving, according to the ticket.
Troopers handled the case at the request of Yakima police.
Miller is a charter member of the police department's Gang Enforcement Team.
She is known for handling graffiti cases, including a downtown spree that caused thousands of dollars in damage in 2006 and resulted in two men being convicted.
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http://www.seattlepi.com/local/6420ap_wa_yakima_police_dui.html
A Yakima police officer will be arraigned April 15 after being charged with drunken driving.
A judge found probable cause for the charge against Officer Tarin Miller at a Wednesday hearing in Yakima County District Court.
Miller, 39, was placed on paid administrative leave following the March 2 arrest while the police department conducts a routine internal investigation, deputy police chief Kelly Rosenow said Wednesday.
A Yakima police officer stopped Miller shortly before midnight March 2 near Tieton Drive and 35th Avenue, according to a citation filed by the Washington State Patrol.
Breath tests showed her blood-alcohol level at .168 and .174, more than double the .08 legal threshold for driving, according to the ticket.
Troopers handled the case at the request of Yakima police.
Miller is a charter member of the police department's Gang Enforcement Team.
She is known for handling graffiti cases, including a downtown spree that caused thousands of dollars in damage in 2006 and resulted in two men being convicted.
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http://www.seattlepi.com/local/6420ap_wa_yakima_police_dui.html
Officer Darrius Clipps Charged with Home Invasions
A rookie New Orleans police officer has found himself on the other side of the law. That's after a number of home invasions, thought to have been committed by a police impersonator.
Officer Darrius Clipps is charged with aggravated burglary and sexual assault. New Orleans Police Superintendent Warren Riley says Clipps was on the force about a year. Clipps is accused of bursting into homes, demanding drugs and money, and asking the homeowners to take off their clothes.
After a composite sketch came forward of the suspect, several officers recognized Clipps. One witness even remembered Clipps' badge number. He resigned after his arrest.
Clipps has been booked with malfeasance in office, sexual battery, false imprisonment with a weapon, simple and aggravated kidnapping, aggravated burglary, and unauthorized entry of an inhabited dwelling.
Killeen Officer Being Investigated After Shooting Soldier
KILLEEN, Texas
A Killeen police officer early Saturday morning fatally shot a Fort Hood soldier driving an SUV after authorities said the officer was dragged through a parking lot as he tried to detain a man while others inside the vehicle were trying to pull the man inside.
The name of the 21-year-old soldier was being withheld until his family was notified, authorities said.
The officer, whose name also was not disclosed, was able to free himself from the SUV and fell to the ground. He was treated at a hospital and released and was placed on administrative leave.
Police said when the officer spotted a disturbance early Saturday in the parking lot of a nightclub and went to investigate, one of the participants ran.
As the officer gave chase, the fleeing man tried to jump through the passenger window of a Chevrolet Trailblazer. The policeman attempted to stop him by grabbing him around his waist as he was half into the sport utility vehicle. The officer's arms became pinned as the driver began to leave.
The officer was able to break one arm free and fire at the driver. The officer continued to be dragged until he was able free his other arm and fell to the ground. The fleeing vehicle then continued through the parking lot, hitting a car and several handrails before coming to a stop. Police said the man who initially ran was still hanging in the window when the car wrecked.
Killeen police spokeswoman Carroll Smith said several people were arrested in relation to the incident, including the man in the window. She did not have any information on charges.
A Killeen police officer early Saturday morning fatally shot a Fort Hood soldier driving an SUV after authorities said the officer was dragged through a parking lot as he tried to detain a man while others inside the vehicle were trying to pull the man inside.
The name of the 21-year-old soldier was being withheld until his family was notified, authorities said.
The officer, whose name also was not disclosed, was able to free himself from the SUV and fell to the ground. He was treated at a hospital and released and was placed on administrative leave.
Police said when the officer spotted a disturbance early Saturday in the parking lot of a nightclub and went to investigate, one of the participants ran.
As the officer gave chase, the fleeing man tried to jump through the passenger window of a Chevrolet Trailblazer. The policeman attempted to stop him by grabbing him around his waist as he was half into the sport utility vehicle. The officer's arms became pinned as the driver began to leave.
The officer was able to break one arm free and fire at the driver. The officer continued to be dragged until he was able free his other arm and fell to the ground. The fleeing vehicle then continued through the parking lot, hitting a car and several handrails before coming to a stop. Police said the man who initially ran was still hanging in the window when the car wrecked.
Killeen police spokeswoman Carroll Smith said several people were arrested in relation to the incident, including the man in the window. She did not have any information on charges.
Federal Prosecutors Want to Keep Judge Cletus Maricle Behind Bars
Federal prosecutors want to keep a former Clay County circuit judge charged in a vote-buying scheme behind bars until his trial.
Former Circuit Judge R. Cletus Maricle and seven others charged with him in the federal case pleaded not guilty at their first court appearance Friday.
After spending the night in jail Thursday, all but Maricle, 65, were released until the trial, scheduled for May 19. They didn't have to post a financial bond.
Freddy Thompson is running for County Clerk against Jennings White who says he (White) was shot at in one of several election-related shootings in Clay County, Manchester, KY, Tuesday, May 21, 2002.
Clay County Clerk Freddy Thompson. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Manchester Enterprise
- Clay County school superintendent Doug Adams. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center
- Wayne Jones, chairman of the Clay County Democratic Party. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center
- Paul E. Bishop of Manchester, Ky. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged.
- William E. Stivers, an election officer in Clay County. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center
- Cletus Maricle, a Kentucky Circuit Court Judge, in an undated file photo supplied by the Administrative Office of the Courts.
However, Assistant U.S. Attorney Stephen C. Smith asked that Maricle remain in jail.
Smith said Maricle, facing a potential maximum sentence of 20 years, has been charged with asking a witness to lie and has hundreds of thousands of dollars in assets, raising the potential that he has the money to flee.
The prosecutor also said that Maricle told people cooperating in the case that he was trying to find out where the FBI agent investigating the allegations lived and what kind of vehicle he drove.
Smith didn't say why Maricle allegedly wanted that information, but said there was no reason he would seek it "unless he was up to no good."
Smith also said Maricle had indicated some instability in an interview after his arrest, telling a probation officer he had "struggled with the will to live" recently.
Maricle's son died several weeks ago of a heart attack.
Maricle's attorney, former federal prosecutor Mark Wohlander, argued that Maricle is not a flight risk or a danger to anyone. Maricle hasn't said he wants to kill himself, just that things had been rough since his son's death, Wohlander said.
And the incident when Maricle allegedly sought information about an officer in the investigation was in May 2007, Wohlander said.
"If it was so serious, why wasn't my client arrested a year and a half ago?" he said.
U.S. Magistrate Judge Robert Wier ruled that Maricle would have to stay in jail at least until another hearing scheduled for Monday.
Also Friday, state Supreme Court Chief Justice John Minton suspended Maricle from the senior judge program.
Maricle was circuit judge in Clay County from 1991 until July 2007. Since then, he has been a senior judge, meaning he fills in for other judges.
Those charged with Maricle are Doug Adams, school superintendent in Clay County; County Clerk Freddy W. Thompson; Charles Wayne Jones, the county's Democratic election commissioner; William E. Stivers, who has been an election officer and is chairman of the county Democratic Party; Paul E. Bishop; and William and Debra Morris.
All eight are charged with racketeering for allegedly using the county election board as a vehicle to corrupt elections. All but Adams and Bishop face at least one additional charge of conspiracy to buy votes, while some face several additional charges.
Wearing handcuffs, they said little during their first court appearance other than to acknowledge they understood the charges. Family members, some emotional, crowded the courtroom for the hearing at the federal building in London.
Smith told Wier the trial could take four weeks.
Smith said in a court motion that the case involving Maricle and the others was opened in March 2006. The eight were indicted March 3, but the charges were sealed until after they were arrested Thursday.
The charges are the latest in a federal investigation in which several officials who once held prominent roles in the county have already gone to prison.
Former Circuit Judge R. Cletus Maricle and seven others charged with him in the federal case pleaded not guilty at their first court appearance Friday.
After spending the night in jail Thursday, all but Maricle, 65, were released until the trial, scheduled for May 19. They didn't have to post a financial bond.
Freddy Thompson is running for County Clerk against Jennings White who says he (White) was shot at in one of several election-related shootings in Clay County, Manchester, KY, Tuesday, May 21, 2002.
Clay County Clerk Freddy Thompson. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Manchester Enterprise
- Clay County school superintendent Doug Adams. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center
- Wayne Jones, chairman of the Clay County Democratic Party. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center
- Paul E. Bishop of Manchester, Ky. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged.
- William E. Stivers, an election officer in Clay County. Several prominent officials in Clay County schemed to buy votes in the May 2004 primary election, a federal grand jury has alleged. Photo provided by the Laurel County Detention Center
- Cletus Maricle, a Kentucky Circuit Court Judge, in an undated file photo supplied by the Administrative Office of the Courts.
However, Assistant U.S. Attorney Stephen C. Smith asked that Maricle remain in jail.
Smith said Maricle, facing a potential maximum sentence of 20 years, has been charged with asking a witness to lie and has hundreds of thousands of dollars in assets, raising the potential that he has the money to flee.
The prosecutor also said that Maricle told people cooperating in the case that he was trying to find out where the FBI agent investigating the allegations lived and what kind of vehicle he drove.
Smith didn't say why Maricle allegedly wanted that information, but said there was no reason he would seek it "unless he was up to no good."
Smith also said Maricle had indicated some instability in an interview after his arrest, telling a probation officer he had "struggled with the will to live" recently.
Maricle's son died several weeks ago of a heart attack.
Maricle's attorney, former federal prosecutor Mark Wohlander, argued that Maricle is not a flight risk or a danger to anyone. Maricle hasn't said he wants to kill himself, just that things had been rough since his son's death, Wohlander said.
And the incident when Maricle allegedly sought information about an officer in the investigation was in May 2007, Wohlander said.
"If it was so serious, why wasn't my client arrested a year and a half ago?" he said.
U.S. Magistrate Judge Robert Wier ruled that Maricle would have to stay in jail at least until another hearing scheduled for Monday.
Also Friday, state Supreme Court Chief Justice John Minton suspended Maricle from the senior judge program.
Maricle was circuit judge in Clay County from 1991 until July 2007. Since then, he has been a senior judge, meaning he fills in for other judges.
Those charged with Maricle are Doug Adams, school superintendent in Clay County; County Clerk Freddy W. Thompson; Charles Wayne Jones, the county's Democratic election commissioner; William E. Stivers, who has been an election officer and is chairman of the county Democratic Party; Paul E. Bishop; and William and Debra Morris.
All eight are charged with racketeering for allegedly using the county election board as a vehicle to corrupt elections. All but Adams and Bishop face at least one additional charge of conspiracy to buy votes, while some face several additional charges.
Wearing handcuffs, they said little during their first court appearance other than to acknowledge they understood the charges. Family members, some emotional, crowded the courtroom for the hearing at the federal building in London.
Smith told Wier the trial could take four weeks.
Smith said in a court motion that the case involving Maricle and the others was opened in March 2006. The eight were indicted March 3, but the charges were sealed until after they were arrested Thursday.
The charges are the latest in a federal investigation in which several officials who once held prominent roles in the county have already gone to prison.
Other Information:
Friday, March 20, 2009
Former Officer Reuben Delgadillo Arrested for Lewd Conduct with Minor
Reuben Delgadillo, 26, Caldwell, was arrested Thursday morning in Ada County on a felony warrant issued by the Canyon County Sheriff's Office.
Caldwell Police Chief Chris Allgood said Friday that Delgadillo was an officer in the police department from early 2005 to late 2008. He said Delgadillo resigned last year.
Allgood said he did not know when the alleged lewd conduct with a minor occurred.
"The state investigated, and I have very few details," the police chief said.
Calls to the Canyon County Sheriff's Office were not returned Friday.
$1.15 Million Lawsuit Settled Against NYPD Shooting
NEW YORK
The families of two robbery suspects who died in a barrage of police bullets more than a decade ago settled a lawsuit with the city Friday for $1.15 million.
The families' attorneys had just rested their case during the trial when the deal was announced. Relatives had sought $20 million, but their attorney said they were content, accepting the settlement as affirmation that excessive force was used.
"We believe justice has been done," lawyer Seth Harris said. "The city waved the white flag, and this clearly shows the officers used excessive force, and these boys didn't have to die."
Hilton Vega was shot eight times and his cousin Anthony Rosario 14 times when they arrived at an apartment on Jan. 12, 1995. The officers, James Crowe and Patrick Brosnan, had been there interviewing residents on a tip that a robbery would take place.
The victims were face-down on the ground when they were killed. Some of the 28 shots fired hit the floorboards.
The city Law Department continued to defend the now-retired officers. A New York Police Department investigation found the officers acted within department guidelines, and a grand jury in the Bronx brought no criminal charges. Federal prosecutors said there wasn't enough evidence for them to pursue charges.
"We believe that our police officers acted appropriately when confronted with three armed gunmen after being called by a man in fear of his life," said Fay Leoussis, chief of the Law Department's Tort Division. "However, we have agreed to resolve these cases in light of the uncertainties of litigation."
Versions of what happened the night of the shooting varied greatly during the civil trial, including who was shot first, how the men came to be face-down, and what the detectives were doing at the apartment.
Crowe and Brosnan were there for at least an hour before Rosario and Vega arrived. The victims said they had come to the building to collect a debt they believed was owed to one of their girlfriends in a scam run by the man who lived at the apartment.
The officers told them to get on the ground and opened fire when Rosario and Vega did not comply quickly enough. Vega, 21, and the 18-year-old Rosario died, and another man with them was injured. The men were armed, but they fired no shots.
The officers retired from the force on a disability pension related to the incident in 1996.
The shooting happened during an era of community outrage against then-Mayor Rudy Giuliani's administration over allegations of excessive force by police officers who, like those in the Bronx case, received little or no punishment. Critics said the NYPD had overlooked incriminating details because Brosnan served as a volunteer bodyguard for the mayor's 1993 campaign.
_______________
http://www.nytimes.com/2009/03/21/nyregion/21jury.html
The families of two robbery suspects who died in a barrage of police bullets more than a decade ago settled a lawsuit with the city Friday for $1.15 million.
The families' attorneys had just rested their case during the trial when the deal was announced. Relatives had sought $20 million, but their attorney said they were content, accepting the settlement as affirmation that excessive force was used.
"We believe justice has been done," lawyer Seth Harris said. "The city waved the white flag, and this clearly shows the officers used excessive force, and these boys didn't have to die."
Hilton Vega was shot eight times and his cousin Anthony Rosario 14 times when they arrived at an apartment on Jan. 12, 1995. The officers, James Crowe and Patrick Brosnan, had been there interviewing residents on a tip that a robbery would take place.
The victims were face-down on the ground when they were killed. Some of the 28 shots fired hit the floorboards.
The city Law Department continued to defend the now-retired officers. A New York Police Department investigation found the officers acted within department guidelines, and a grand jury in the Bronx brought no criminal charges. Federal prosecutors said there wasn't enough evidence for them to pursue charges.
"We believe that our police officers acted appropriately when confronted with three armed gunmen after being called by a man in fear of his life," said Fay Leoussis, chief of the Law Department's Tort Division. "However, we have agreed to resolve these cases in light of the uncertainties of litigation."
Versions of what happened the night of the shooting varied greatly during the civil trial, including who was shot first, how the men came to be face-down, and what the detectives were doing at the apartment.
Crowe and Brosnan were there for at least an hour before Rosario and Vega arrived. The victims said they had come to the building to collect a debt they believed was owed to one of their girlfriends in a scam run by the man who lived at the apartment.
The officers told them to get on the ground and opened fire when Rosario and Vega did not comply quickly enough. Vega, 21, and the 18-year-old Rosario died, and another man with them was injured. The men were armed, but they fired no shots.
The officers retired from the force on a disability pension related to the incident in 1996.
The shooting happened during an era of community outrage against then-Mayor Rudy Giuliani's administration over allegations of excessive force by police officers who, like those in the Bronx case, received little or no punishment. Critics said the NYPD had overlooked incriminating details because Brosnan served as a volunteer bodyguard for the mayor's 1993 campaign.
_______________
http://www.nytimes.com/2009/03/21/nyregion/21jury.html
Former Officer James Beck Jr Arrested for Misconduct
A former Bridgeport Police officer has been indicted on two charges of abusing his position.
53 year old James T. Beck Jr. was arrested after the Jackson County Grand Jury returned the indictment. The document reads in part that Beck:
Willfully obtained or sought to obtain criminal offender record information by acessing the the Law Enforcement Tactical System, under false pretenses that it was for an official law enforcement or criminal justice purpose.
Willfully communicated or sought to communicate criminal offender information in a manner not in accordance with the law.
Beck could face a fine and up to ten years in jail.
______________
http://www.whnt.com/news/whnt-bridgeport-officer-misuse-of-data,0,6625346.story
53 year old James T. Beck Jr. was arrested after the Jackson County Grand Jury returned the indictment. The document reads in part that Beck:
Willfully obtained or sought to obtain criminal offender record information by acessing the the Law Enforcement Tactical System, under false pretenses that it was for an official law enforcement or criminal justice purpose.
Willfully communicated or sought to communicate criminal offender information in a manner not in accordance with the law.
Beck could face a fine and up to ten years in jail.
______________
http://www.whnt.com/news/whnt-bridgeport-officer-misuse-of-data,0,6625346.story
Officer Douglas Franks Charged with Family Assault
MARSHALL COUNTY
A Scottsboro police officer turned himself in to Marshall County authorities Friday evening.
Douglas Dale Franks of Grant is charged with simple family assault. A source tells WHNT the charge is basically a harassment charge.
Scottsboro Police Chief Ralph Dawe says Franks will remain on the force. He tells WHNT that as far as he is concerned, Franks is innocent until he's proven guilty.
A Scottsboro police officer turned himself in to Marshall County authorities Friday evening.
Douglas Dale Franks of Grant is charged with simple family assault. A source tells WHNT the charge is basically a harassment charge.
Scottsboro Police Chief Ralph Dawe says Franks will remain on the force. He tells WHNT that as far as he is concerned, Franks is innocent until he's proven guilty.
Officer Andrew Barone Charged with Assault
WILTON
A town police officer arrested in February by Central Connecticut State University police resigned Tuesday.
Andrew Barone, 23, was arrested Feb. 3 and charged with second-degree assault and three counts of third-degree computer crime in regard to a campus incident.
"He has resigned and is no longer a part of the department," Capt. Michael Lombardo said. "We're disappointed anytime we lose an officer under circumstances like this."
Barone had been on administrative leave since Feb. 13, Lombardo said. He had been on the force for just more than a year. Lombardo did not comment as to whether Barone, a Trumbull resident, was asked to resign.
A town police officer arrested in February by Central Connecticut State University police resigned Tuesday.
Andrew Barone, 23, was arrested Feb. 3 and charged with second-degree assault and three counts of third-degree computer crime in regard to a campus incident.
"He has resigned and is no longer a part of the department," Capt. Michael Lombardo said. "We're disappointed anytime we lose an officer under circumstances like this."
Barone had been on administrative leave since Feb. 13, Lombardo said. He had been on the force for just more than a year. Lombardo did not comment as to whether Barone, a Trumbull resident, was asked to resign.
Former Deputy Standric Choice Enters Guilty Plea to Drug Charges
A former Dallas County sheriff's deputy has agreed to plead guilty to cocaine-related charges, the U.S. attorney's office said Friday.
Standric Choice, 36, is expected to formally enter his guilty plea next week before a U.S. magistrate.
Choice agreed to plead guilty to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine, possessing a firearm during and in relation to a drug-trafficking crime, and possession with the intent to distribute more than 500 grams of cocaine while at a truck stop, the U.S. attorney's office said.
He faces a minimum of 10 years in prison and could get a life sentence, as well as a $4.25 million fine.
Choice and two co-defendants, Terry Kemone Anderson, 29, and Charlie Lee Hill, 31, were arrested in January.
Hill pleaded guilty earlier this month to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine.
Anderson has agreed to plead guilty to the same offense.
Hill and Anderson each face five to 40 years in prison.
According to court records, an informant posing as a drug dealer told Hill he planned to buy four kilograms of cocaine from a South Texas trafficker.
Hill, who is believed to be Choice's brother-in-law, said Choice could pretend to arrest the informant and grab the cocaine, the U.S. attorney's office said. The informant and Hill then would split the drugs and compensate Choice.
On Jan. 9, according to the court records, Choice confronted the "drug dealer" at TA Truck Stop on Interstate 20 and Bonnie View Road in southern Dallas. He confiscated the cocaine and forced the man to go with him.
Choice then left the truck stop, and Hill and Anderson, who had both been observing the phony arrest, followed Choice for about a mile before stopping in a secluded area. Choice released the informant and handed over the cocaine.
Choice was arrested after returning to the Dallas County sheriff's office. Hill and Anderson were arrested near the truck stop.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/01/deputy-standric-choice-two-others.html
http://whathappenedtoprotectandserve.blogspot.com/2009/01/deputy-standric-choice-arrested-by-fbi.html
Standric Choice, 36, is expected to formally enter his guilty plea next week before a U.S. magistrate.
Choice agreed to plead guilty to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine, possessing a firearm during and in relation to a drug-trafficking crime, and possession with the intent to distribute more than 500 grams of cocaine while at a truck stop, the U.S. attorney's office said.
He faces a minimum of 10 years in prison and could get a life sentence, as well as a $4.25 million fine.
Choice and two co-defendants, Terry Kemone Anderson, 29, and Charlie Lee Hill, 31, were arrested in January.
Hill pleaded guilty earlier this month to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine.
Anderson has agreed to plead guilty to the same offense.
Hill and Anderson each face five to 40 years in prison.
According to court records, an informant posing as a drug dealer told Hill he planned to buy four kilograms of cocaine from a South Texas trafficker.
Hill, who is believed to be Choice's brother-in-law, said Choice could pretend to arrest the informant and grab the cocaine, the U.S. attorney's office said. The informant and Hill then would split the drugs and compensate Choice.
On Jan. 9, according to the court records, Choice confronted the "drug dealer" at TA Truck Stop on Interstate 20 and Bonnie View Road in southern Dallas. He confiscated the cocaine and forced the man to go with him.
Choice then left the truck stop, and Hill and Anderson, who had both been observing the phony arrest, followed Choice for about a mile before stopping in a secluded area. Choice released the informant and handed over the cocaine.
Choice was arrested after returning to the Dallas County sheriff's office. Hill and Anderson were arrested near the truck stop.
____________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/01/deputy-standric-choice-two-others.html
http://whathappenedtoprotectandserve.blogspot.com/2009/01/deputy-standric-choice-arrested-by-fbi.html
Thursday, March 19, 2009
Sgt. Terry Stayer Investigated for Falsifying Time Sheet
HALTOM CITY
A police sergeant is under investigation after a complaint that she falsified her time sheet for the past six months, claiming she was at work while she was attending college classes during the day.
The Haltom City Law Enforcement Association filed the complaint against Sgt. Terry Stayer, who is over the police department’s internal affairs investigations. It alleges that the sergeant also had used a city-owned vehicle to attend classes during the day.
She is not allowed to use the vehicle, according to the complaint, filed with city officials last month and with the City Council earlier this week.
Attempts to reach Stayer were unsuccessful. An office voice-mail message indicated that the sergeant was out until Monday. An e-mail sent late Thursday by Interim Chief of Police Patrick C. Bridges said that Stayer could not discuss the matter because it is a pending investigation.
The 70-member association first made the complaint on Feb. 12 to then-Haltom City Police Chief Ken Burton and the city’s human resources department.
But it also sent the complaint to city council members Wednesday, unhappy with what the association saw as a lack of action on the matter.
“The HCLEA fears that this extremely serious and sensitive allegation is not being adequately investigated,” Haltom City police Sgt. Shawn Holt said in an e-mail to council members on Wednesday.
But City Manager Tom Muir said on Thursday an internal investigation should be complete in about 10 days. Muir said the city has retained Fort Worth attorney Bettye Lynn to investigate the complaint.
“We did get on it,” Muir said. “They (association members) are not happy because they wanted the Texas Rangers or another outside agency to investigate, but I decided to go with retaining counsel.”
The complaint alleged that police officials were showing favoritism toward the sergeant because she remains in her position as supervisor in charge of professional standards and is responsible for internal affairs investigations.
Last year, Stayer alleged that four other Haltom City police officers falsified time sheets, according to the complaint. At least one of the officers was placed on administrative leave, association members said.
One was charged with theft; charges against the other three were dropped, the complaint states.
Police officials told association members that Stayer would be working on Saturdays to make up the four hours needed to attend the college classes, according to the complaint.
But the complaint states that officers have not seen the sergeant on Saturdays and officers are not allowed to make up the work at home.
A police sergeant is under investigation after a complaint that she falsified her time sheet for the past six months, claiming she was at work while she was attending college classes during the day.
The Haltom City Law Enforcement Association filed the complaint against Sgt. Terry Stayer, who is over the police department’s internal affairs investigations. It alleges that the sergeant also had used a city-owned vehicle to attend classes during the day.
She is not allowed to use the vehicle, according to the complaint, filed with city officials last month and with the City Council earlier this week.
Attempts to reach Stayer were unsuccessful. An office voice-mail message indicated that the sergeant was out until Monday. An e-mail sent late Thursday by Interim Chief of Police Patrick C. Bridges said that Stayer could not discuss the matter because it is a pending investigation.
The 70-member association first made the complaint on Feb. 12 to then-Haltom City Police Chief Ken Burton and the city’s human resources department.
But it also sent the complaint to city council members Wednesday, unhappy with what the association saw as a lack of action on the matter.
“The HCLEA fears that this extremely serious and sensitive allegation is not being adequately investigated,” Haltom City police Sgt. Shawn Holt said in an e-mail to council members on Wednesday.
But City Manager Tom Muir said on Thursday an internal investigation should be complete in about 10 days. Muir said the city has retained Fort Worth attorney Bettye Lynn to investigate the complaint.
“We did get on it,” Muir said. “They (association members) are not happy because they wanted the Texas Rangers or another outside agency to investigate, but I decided to go with retaining counsel.”
The complaint alleged that police officials were showing favoritism toward the sergeant because she remains in her position as supervisor in charge of professional standards and is responsible for internal affairs investigations.
Last year, Stayer alleged that four other Haltom City police officers falsified time sheets, according to the complaint. At least one of the officers was placed on administrative leave, association members said.
One was charged with theft; charges against the other three were dropped, the complaint states.
Police officials told association members that Stayer would be working on Saturdays to make up the four hours needed to attend the college classes, according to the complaint.
But the complaint states that officers have not seen the sergeant on Saturdays and officers are not allowed to make up the work at home.
Former Judge George Korpita Convicted of 2nd DWI Charge
SPARTA, N.J.
A former municipal court judge in Morris County who lost that job after admitting to drunken driving has been convicted of another DWI charge.
George R. Korpita received a suspended 45-day jail term after being found guilty Thursday in Sparta Township Municipal Court. He also must continue to attend Alcoholics Anonymous meetings six days a week for two years _ the time his driver's license will be revoked _ and will be jailed if he misses meetings.
The conviction stemmed from Korpita's arrest in February 2008.
He had served as a judge for Dover, Rockaway Borough and Victory Gardens before stepping down in December 2007. That came after he admitted driving drunk in Roxbury a few weeks earlier and threatening the police officers who arrested him.
A former municipal court judge in Morris County who lost that job after admitting to drunken driving has been convicted of another DWI charge.
George R. Korpita received a suspended 45-day jail term after being found guilty Thursday in Sparta Township Municipal Court. He also must continue to attend Alcoholics Anonymous meetings six days a week for two years _ the time his driver's license will be revoked _ and will be jailed if he misses meetings.
The conviction stemmed from Korpita's arrest in February 2008.
He had served as a judge for Dover, Rockaway Borough and Victory Gardens before stepping down in December 2007. That came after he admitted driving drunk in Roxbury a few weeks earlier and threatening the police officers who arrested him.
Trooper Carrie Rindal Reprimanded for Using Car to Ram Van
The Minnesota State Patrol announced Wednesday that it has reprimanded a state trooper who used her squad car to ram the van of a Hudson, Wis., man and then arrest him for fleeing.
A State Patrol review board concluded that while trooper Carrie Rindal had reason for heightened concern, ramming the van was not justified at the time or place she did it.
The board also found that the driver, Sam Salter, 40, who had his three young children with him in the van, was not "actively intending to flee" during the incident in St. Paul on New Year's Eve.
Col. Mark Dunaski, chief of the patrol, called it "a regrettable incident" that will be incorporated into a semi-annual training program all troopers will go through this year.
Rindal arrested Salter at gunpoint for fleeing, and took him to the Ramsey County Law Enforcement Center, where he was jailed for 37 hours. The county attorney's office later declined to prosecute.
The incident was first reported by the Star Tribune in February.
Salter said in an interview that he never attempted to flee and wanted only to find a safe place to pull over, but there was snow on the shoulder, and he did not want to be struck from behind. He was eastbound on Interstate 94 shortly before midnight when he saw the trooper's emergency lights. He turned off on Hwy. 61 and turned right onto Burns Avenue. He was pulling over when Rindal struck his van in what is known as a P.I.T. maneuver, which stands for pursuit intervention technique.
The children were in the back seats of his Toyota Sienna van. His wife picked up the kids while he was transported to jail.
"I think there are some people might say, 'Well, gee, a letter of reprimand, that sounds like a slap on the wrist,'" said Dunaski in an interview. "Minnesota takes that very seriously. We don't hand out a lot of letters of reprimand." She will also get additional training, Dunaski said. The Patrol said Rindal declined to comment.
Salter said he appreciated the patrol's statement
"I feel they came to the right, logical decision," he said. "I think they came to the decision that I was indeed not fleeing. ... I spent two nights in jail for something I didn't do, and it should have been clear to them at the time."
Salter has discussed a relatively small settlement with the patrol, but gave no details.
Rindal's P.I.T. maneuver resulted in two dents with damage estimated at $2,200.
Three weeks after the incident, the patrol mailed Salter a $130 ticket for making an illegal lane change. Dunaski said that in retrospect, it probably should not have been sent. Salter has already paid the fine.
The patrol's Critical Incident Review Board, a seven-member body, found that one minute and 23 seconds elapsed from the time Rindal activated her lights to when she performed the P.I.T. maneuver.
Dunaski declined to say it was improper for Rindal to do a P.I.T. He said the problems were when she did it and where, and how the vehicle was struck. He said it should not have been done next to a snow bank or curb that could damage the vehicle.
"Part of the regrettable portion of this was that Mr. Salter had to spend two days incarcerated," said Dunaski, noting Salter was in jail all New Year's Day. He said on-duty supervisors will make inquiries in the future in such cases.
Dunaski praised Rindal, an 11-year veteran, for her work getting impaired drivers off the highway. He said that while a "poor decision," was made in this case, it should be seen in the context that it was New Year's Eve, and she was looking for impaired drivers. He said she saw traffic violations and that when she turned on the emergency lights, Salter did not stop.
Asked what drivers should do if a trooper is behind them, he said, "When you see a vehicle approaching with red lights and sirens, the driver's responsibility is to pull over immediately." He said law enforcement officers are trained to stop vehicles in places that are safe, and drivers should rely on the officers' judgment.
But he added that he understood Salter's concern about finding a safe spot.
Information & Video:
http://www.startribune.com/local/east/41438062.html?page=1&c=y
Lawsuit settlement: http://www.startribune.com/local/east/41541612.html?elr=KArks:DCiUtEia_nDaycUiacyKUnciaec8O7EyUr
A State Patrol review board concluded that while trooper Carrie Rindal had reason for heightened concern, ramming the van was not justified at the time or place she did it.
The board also found that the driver, Sam Salter, 40, who had his three young children with him in the van, was not "actively intending to flee" during the incident in St. Paul on New Year's Eve.
Col. Mark Dunaski, chief of the patrol, called it "a regrettable incident" that will be incorporated into a semi-annual training program all troopers will go through this year.
Rindal arrested Salter at gunpoint for fleeing, and took him to the Ramsey County Law Enforcement Center, where he was jailed for 37 hours. The county attorney's office later declined to prosecute.
The incident was first reported by the Star Tribune in February.
Salter said in an interview that he never attempted to flee and wanted only to find a safe place to pull over, but there was snow on the shoulder, and he did not want to be struck from behind. He was eastbound on Interstate 94 shortly before midnight when he saw the trooper's emergency lights. He turned off on Hwy. 61 and turned right onto Burns Avenue. He was pulling over when Rindal struck his van in what is known as a P.I.T. maneuver, which stands for pursuit intervention technique.
The children were in the back seats of his Toyota Sienna van. His wife picked up the kids while he was transported to jail.
"I think there are some people might say, 'Well, gee, a letter of reprimand, that sounds like a slap on the wrist,'" said Dunaski in an interview. "Minnesota takes that very seriously. We don't hand out a lot of letters of reprimand." She will also get additional training, Dunaski said. The Patrol said Rindal declined to comment.
Salter said he appreciated the patrol's statement
"I feel they came to the right, logical decision," he said. "I think they came to the decision that I was indeed not fleeing. ... I spent two nights in jail for something I didn't do, and it should have been clear to them at the time."
Salter has discussed a relatively small settlement with the patrol, but gave no details.
Rindal's P.I.T. maneuver resulted in two dents with damage estimated at $2,200.
Three weeks after the incident, the patrol mailed Salter a $130 ticket for making an illegal lane change. Dunaski said that in retrospect, it probably should not have been sent. Salter has already paid the fine.
The patrol's Critical Incident Review Board, a seven-member body, found that one minute and 23 seconds elapsed from the time Rindal activated her lights to when she performed the P.I.T. maneuver.
Dunaski declined to say it was improper for Rindal to do a P.I.T. He said the problems were when she did it and where, and how the vehicle was struck. He said it should not have been done next to a snow bank or curb that could damage the vehicle.
"Part of the regrettable portion of this was that Mr. Salter had to spend two days incarcerated," said Dunaski, noting Salter was in jail all New Year's Day. He said on-duty supervisors will make inquiries in the future in such cases.
Dunaski praised Rindal, an 11-year veteran, for her work getting impaired drivers off the highway. He said that while a "poor decision," was made in this case, it should be seen in the context that it was New Year's Eve, and she was looking for impaired drivers. He said she saw traffic violations and that when she turned on the emergency lights, Salter did not stop.
Asked what drivers should do if a trooper is behind them, he said, "When you see a vehicle approaching with red lights and sirens, the driver's responsibility is to pull over immediately." He said law enforcement officers are trained to stop vehicles in places that are safe, and drivers should rely on the officers' judgment.
But he added that he understood Salter's concern about finding a safe spot.
Information & Video:
http://www.startribune.com/local/east/41438062.html?page=1&c=y
Lawsuit settlement: http://www.startribune.com/local/east/41541612.html?elr=KArks:DCiUtEia_nDaycUiacyKUnciaec8O7EyUr
Sgt. Mark Sawyer Charged with Domestic Assault
OAKLAND
A Maine State Police sergeant arrested Monday on charges of aggravated domestic assault is on paid administrative leave.
Mark Sawyer, 43, of Sparkling Lake Lane, was arrested at 6:30 p.m. Monday after police received a call about 5 p.m. of an alleged assault, police Capt. Rick Stubbert said Thursday.
Sawyer was booked at 7:30 p.m. and bailed from the Police Department on $500 cash bond, Stubbert said.
"The case is still under investigation; there's a lot of stuff we're still following up on," he said.
Stubbert said he could not release details of the case while it is being investigated. He said four officers went to Sawyer's home Monday where he was arrested. Sawyer was cooperative, he said.
Aggravated assault is a Class B felony. Stubbert said no weapons were involved.
"The 'aggravated' part comes into play as far as the victim's injuries," he said.
He said he could not reveal information about those injuries.
Stubbert said information is not being withheld because Sawyer is a law enforcement officer; Oakland police are doing exactly what they would with anyone else arrested under such circumstances.
"That's been our biggest concern right from the beginning -- to handle it just like any other case," he said.
Stephen McCausland, spokesman for the state Department of Public Safety, said Thursday that Sawyer is a 23-year member of the state police and is a sergeant with the commercial vehicle enforcement unit.
McCausland said he could not release more information about Sawyer's case.
"He is on administrative leave with pay pending the outcome of this charge," he said.
Sawyer's attorney, Michael Turndorf of Brunswick, said his client is innocent.
"It's not a question of being innocent until proven guilty; simply put, he is innocent," Turndorf said Thursday. "The fact of his arrest is not evidence of anything other than he was arrested."
Turndorf said there is more to the story, and when the story comes out, Sawyer will not be convicted of any offense. He said the call to police about the alleged assault did not come from Sawyer's home.
"There was no call at all from the alleged victim," Turndorf said.
The standard by which police officers conduct an arrest is based on probable cause and probable cause is really the lowest standard of proof that exists, he said.
"All they need is a pointed finger to arrest someone and they don't need much more. That's not any criticism against police -- that's just a statement of fact."
Turndorf declined to identify the alleged victim, or say whether it was a family member of Sawyer's.
Kennebec County Deputy District Attorney Alan Kelley also said he could not divulge details.
"The case is still under investigation, and we don't feel comfortable revealing any other information at this point," he said.
Sawyer is scheduled to appear at a hearing in Kennebec County Superior Court in Augusta at 8:30 a.m. April 14.
"As it approaches, obviously we're going to have more and more information and at some point, it will be appropriate to discuss it," Kelley said. "But not right now."
Other Information: http://seattletimes.nwsource.com/html/nationworld/2008887319_appolicearrested.html
A Maine State Police sergeant arrested Monday on charges of aggravated domestic assault is on paid administrative leave.
Mark Sawyer, 43, of Sparkling Lake Lane, was arrested at 6:30 p.m. Monday after police received a call about 5 p.m. of an alleged assault, police Capt. Rick Stubbert said Thursday.
Sawyer was booked at 7:30 p.m. and bailed from the Police Department on $500 cash bond, Stubbert said.
"The case is still under investigation; there's a lot of stuff we're still following up on," he said.
Stubbert said he could not release details of the case while it is being investigated. He said four officers went to Sawyer's home Monday where he was arrested. Sawyer was cooperative, he said.
Aggravated assault is a Class B felony. Stubbert said no weapons were involved.
"The 'aggravated' part comes into play as far as the victim's injuries," he said.
He said he could not reveal information about those injuries.
Stubbert said information is not being withheld because Sawyer is a law enforcement officer; Oakland police are doing exactly what they would with anyone else arrested under such circumstances.
"That's been our biggest concern right from the beginning -- to handle it just like any other case," he said.
Stephen McCausland, spokesman for the state Department of Public Safety, said Thursday that Sawyer is a 23-year member of the state police and is a sergeant with the commercial vehicle enforcement unit.
McCausland said he could not release more information about Sawyer's case.
"He is on administrative leave with pay pending the outcome of this charge," he said.
Sawyer's attorney, Michael Turndorf of Brunswick, said his client is innocent.
"It's not a question of being innocent until proven guilty; simply put, he is innocent," Turndorf said Thursday. "The fact of his arrest is not evidence of anything other than he was arrested."
Turndorf said there is more to the story, and when the story comes out, Sawyer will not be convicted of any offense. He said the call to police about the alleged assault did not come from Sawyer's home.
"There was no call at all from the alleged victim," Turndorf said.
The standard by which police officers conduct an arrest is based on probable cause and probable cause is really the lowest standard of proof that exists, he said.
"All they need is a pointed finger to arrest someone and they don't need much more. That's not any criticism against police -- that's just a statement of fact."
Turndorf declined to identify the alleged victim, or say whether it was a family member of Sawyer's.
Kennebec County Deputy District Attorney Alan Kelley also said he could not divulge details.
"The case is still under investigation, and we don't feel comfortable revealing any other information at this point," he said.
Sawyer is scheduled to appear at a hearing in Kennebec County Superior Court in Augusta at 8:30 a.m. April 14.
"As it approaches, obviously we're going to have more and more information and at some point, it will be appropriate to discuss it," Kelley said. "But not right now."
Other Information: http://seattletimes.nwsource.com/html/nationworld/2008887319_appolicearrested.html
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