BALTIMORE
Two Baltimore police officers beat a teenager with a baton and a pool stick while he was handcuffed and shackled, then tried to cover up the attack with their sergeant's help, according to a federal indictment unsealed Wednesday.
Officers Gregory Mussmacher and Guy Gerstel and Sgt. Wayne Thompson face charges of civil rights violations in a six-count indictment.
Gerstel and Thompson have retired. Mussmacher, 34, has been suspended with pay since the April 2004 incident, even though he was convicted in February 2005 of second-degree criminal assault, police spokesman Anthony Guglielmi said.
Mussmacher remained under suspension because city police were cooperating with the FBI, which was investigating the beating, Guglielmi said. But Guglielmi could not explain why Mussmacher was not kicked off the force immediately after his conviction. Mussmacher received a suspended sentence and probation.
The alleged beating victim, Benjamin R. Rowland, filed a federal lawsuit against Mussmacher and Gerstel in 2007, seeking $6 million in damages. The lawsuit was settled out of court.
Rowland is identified only as "B.R." in the indictment.
According to the indictment, Mussmacher hit Rowland in the face with a baton and Gerstel struck him in the back with a pool stick after he was arrested on April 27, 2004. Rowland was 17 years old at the time.
The indictment says Gerstel obstructed justice by lying under oath in a state proceeding about the presence of two other officers when Rowland was arrested. Gerstel is also accused of making false statements to the FBI about his role in the beating.
Thompson and Mussmacher submitted false police reports about Rowland's arrest and how he was injured, according to the indictment.
Before beating Rowland, Mussmacher removed the teen's handcuffs, set aside his badge and gun and offered to fight Rowland, the indictment says. The teen was never charged with a crime as a result of his arrest.
Gerstel faces up to 35 years in prison if convicted of all three charges against him; Mussmacher faces 15 years, and Thompson faces five years.
No attorneys had entered appearances on the officers' behalf Wednesday, and their initial court appearances had not yet been scheduled, said Marcia Murphy, a spokeswoman for the U.S. Attorney's office in Baltimore.
Joseph E. Spicer, who represented Mussmacher in the lawsuit, declined to comment. Rowland's attorney in the lawsuit, Robert L. Smith Jr., did not immediately return a message.
Thursday, April 02, 2009
Officer Michael Knutson Awarded $100,000
SAPULPA, Okla.
An arbitrator has ordered that a Sapulpa police officer fired for his contact with a 16-year-old girl be awarded $100,000 and be reinstated to the force.
Police Officer Michael Knutson's employment was terminated in 2006 and he was later charged with three felony counts of sexual battery on his teenage co-worker at a local pizza restaurant.
All three counts were dismissed in April 2008, due to "lack of prosecutable evidence."
According to documents, arbitrator Ed Bankston determined the police department gave the girl wire listening equipment and a cell phone, and told her to use the phone to contact Knutson.
Bankston said the city had no cause for disciplinary action, much less criminal charges, and engaged in a raw abuse of power.
A telephone message left for Sapulpa Police Chief Jim Wall was not immediately returned.
Knutson told the Sapulpa Daily Herald he couldn't comment because of the ongoing litigation.
An arbitrator has ordered that a Sapulpa police officer fired for his contact with a 16-year-old girl be awarded $100,000 and be reinstated to the force.
Police Officer Michael Knutson's employment was terminated in 2006 and he was later charged with three felony counts of sexual battery on his teenage co-worker at a local pizza restaurant.
All three counts were dismissed in April 2008, due to "lack of prosecutable evidence."
According to documents, arbitrator Ed Bankston determined the police department gave the girl wire listening equipment and a cell phone, and told her to use the phone to contact Knutson.
Bankston said the city had no cause for disciplinary action, much less criminal charges, and engaged in a raw abuse of power.
A telephone message left for Sapulpa Police Chief Jim Wall was not immediately returned.
Knutson told the Sapulpa Daily Herald he couldn't comment because of the ongoing litigation.
No Bail for Officer Alhinde Weems Arrested for Selling Drugs
Some startling information has surfaced in a bail hearing for a Philadelphia police officer accused of selling drugs and planning violent robberies.
Officer Alhinde Weems, arrested last week, has been ordered held without bail until his trial, based on some stunning allegations revealed during Thursday's hearing.
Federal prosecutors say Weems is a drug-dealing robber armed with a gun, a police badge, and a uniform, and willing to use all of them to carry out his crimes.
According to authorities, Weems was caught on audio tape and videotape making illegal transactions and planning to force his way into the home of a drug distributor, and confessed when he was arrested.
FBI agent John Dolan testified that Weems sold cocaine to a cooperating informant, transported what he thought was a kilogram of cocaine from one undercover agent to another, and plotted with an undercover agent the armed home-invasion robbery of another supposed supplier.
And Dolan recounted some of the specifics caught on tape:
"He provided possible plans as to how to commit the act, including possibly 'badging' his way into the home. He said he would wear his body armor. He also would provide guns with silencers."
Many of Weems' family members were in the courtroom for his bail hearing to support him. But the judge found probable cause and ruled that Weems is a potential danger to the community, so he will be held without bail pending his trial.
Weems' defense attorneys have suggested that their client was coaxed into some of the illegal activities, and attorney Charles Peruto Jr. says Weems will fight the charges against him in court.
Officer Alhinde Weems, arrested last week, has been ordered held without bail until his trial, based on some stunning allegations revealed during Thursday's hearing.
Federal prosecutors say Weems is a drug-dealing robber armed with a gun, a police badge, and a uniform, and willing to use all of them to carry out his crimes.
According to authorities, Weems was caught on audio tape and videotape making illegal transactions and planning to force his way into the home of a drug distributor, and confessed when he was arrested.
FBI agent John Dolan testified that Weems sold cocaine to a cooperating informant, transported what he thought was a kilogram of cocaine from one undercover agent to another, and plotted with an undercover agent the armed home-invasion robbery of another supposed supplier.
And Dolan recounted some of the specifics caught on tape:
"He provided possible plans as to how to commit the act, including possibly 'badging' his way into the home. He said he would wear his body armor. He also would provide guns with silencers."
Many of Weems' family members were in the courtroom for his bail hearing to support him. But the judge found probable cause and ruled that Weems is a potential danger to the community, so he will be held without bail pending his trial.
Weems' defense attorneys have suggested that their client was coaxed into some of the illegal activities, and attorney Charles Peruto Jr. says Weems will fight the charges against him in court.
______________
Judge Manuel Barraza Arrested for Asking for Sex from Defendants
EL PASO, Texas
A state judge accused of taking money and asking for sex from defendants in exchange for help on felony cases in his El Paso court made his first federal court appearance Thursday.
Manuel J. Barraza, 53, did not enter a plea during the brief afternoon hearing. He is scheduled to be arraigned next week.
Outside the federal courthouse, he told reporters that he had faith in the justice system.
He was released after posting $10,000 bail.
The FBI arrested Barraza, who was elected in November and took the bench in January, at his house Thursday morning. He was indicted on four counts, including mail fraud, wire fraud and lying to a federal agent.
The 10-page indictment alleges Barraza took cash bribes and asked for sex from defendants, including an undercover FBI agent, in exchange for his help in felony cases.
___________________
http://www.lcsun-news.com/ci_12055167
A state judge accused of taking money and asking for sex from defendants in exchange for help on felony cases in his El Paso court made his first federal court appearance Thursday.
Manuel J. Barraza, 53, did not enter a plea during the brief afternoon hearing. He is scheduled to be arraigned next week.
Outside the federal courthouse, he told reporters that he had faith in the justice system.
He was released after posting $10,000 bail.
The FBI arrested Barraza, who was elected in November and took the bench in January, at his house Thursday morning. He was indicted on four counts, including mail fraud, wire fraud and lying to a federal agent.
The 10-page indictment alleges Barraza took cash bribes and asked for sex from defendants, including an undercover FBI agent, in exchange for his help in felony cases.
___________________
http://www.lcsun-news.com/ci_12055167
John J Meier Jr Dies After Being Tasered by Broward Deputies
A Parkland man who was Tasered on Tuesday during a scuffle with Broward sheriff's deputies in front of the Sawgrass Infiniti car dealership in Tamarac has died in the hospital, according to authorities.
The man, identified as John J. Meier Jr., 48, had been running in and out of traffic on West Commercial Boulevard while wearing only a pair of shorts. He was violently resisting arrest when he was Tasered, according to BSO spokesman Jim Leljedal.
Meier, who authorities suspected was under the influence of drugs or alcohol, died in the hospital about five or six hours later, Leljedal said.
Deputies first encountered Meier about 7:30 p.m. Tuesday after he began undressing and running through traffic in the 10500 block of West Commercial Boulevard.
The first deputy to arrive tried to lead Meier away from the road, but he began fighting the deputy and continued to struggle when two backup deputies arrived, Leljedal said.
During the struggle, one of the deputies drew a Taser and pressed it directly to Meier's body, taking him to the ground, where he was handcuffed.
Leljedal could not say how many times Meier was Tasered or how long he was hit with the stun gun.
Paramedics took him to University Hospital, where he was treated for several hours before being pronounced dead at 1 a.m. Wednesday.
Meier's vehicle, a 2007 Dodge pickup truck, was found at a Shell gas station at Hiatus Road and Commercial Boulevard, not far from the site where deputies subdued him.
Leljedal said the deputy was justified in using the Taser, given Meier's extreme behavior.
''One deputy tried to get him out of traffic and off the road, but he fought him,'' Leljedal said. ``At that point, he had to find some sort of tool to manage him, and the most appropriate tool was the Taser.''
The stun gun -- commonly referred to as a Taser -- has been controversial since law enforcement began heavily using the device as a less-lethal weapon several years ago.
Police say there is no better weapon for quashing a tense situation without causing serious harm. Critics, such as Amnesty International, say it is too commonly used and has not been subjected to enough research.
An Amnesty International report released last December listed Broward County as one of the counties in the country where the most Taser-related deaths had occurred between 2001 and 2008.
Tuesday's incident, the third death of a Taser victim in BSO custody since the agency instituted the weapon, may have been fueled by drugs, Leljedal said.
An investigator with the Broward Medical Examiner's Office declined to discuss an autopsy performed Wednesday.
Leljedal said the autopsy showed no trauma or injuries other than minor scratches and Taser marks on Meier's right side.
His death appears to have been caused by cocaine toxicity or excited delirium, though a toxicology test has not been finalized, Leljedal said.
The death is under investigation by BSO homicide, crime scene and internal affairs detectives -- a standard policy, according to Leljedal. The deputy who Tasered Meier remains on active duty.
______________________
More information:
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2009/04/02/0402tasered.html
The man, identified as John J. Meier Jr., 48, had been running in and out of traffic on West Commercial Boulevard while wearing only a pair of shorts. He was violently resisting arrest when he was Tasered, according to BSO spokesman Jim Leljedal.
Meier, who authorities suspected was under the influence of drugs or alcohol, died in the hospital about five or six hours later, Leljedal said.
Deputies first encountered Meier about 7:30 p.m. Tuesday after he began undressing and running through traffic in the 10500 block of West Commercial Boulevard.
The first deputy to arrive tried to lead Meier away from the road, but he began fighting the deputy and continued to struggle when two backup deputies arrived, Leljedal said.
During the struggle, one of the deputies drew a Taser and pressed it directly to Meier's body, taking him to the ground, where he was handcuffed.
Leljedal could not say how many times Meier was Tasered or how long he was hit with the stun gun.
Paramedics took him to University Hospital, where he was treated for several hours before being pronounced dead at 1 a.m. Wednesday.
Meier's vehicle, a 2007 Dodge pickup truck, was found at a Shell gas station at Hiatus Road and Commercial Boulevard, not far from the site where deputies subdued him.
Leljedal said the deputy was justified in using the Taser, given Meier's extreme behavior.
''One deputy tried to get him out of traffic and off the road, but he fought him,'' Leljedal said. ``At that point, he had to find some sort of tool to manage him, and the most appropriate tool was the Taser.''
The stun gun -- commonly referred to as a Taser -- has been controversial since law enforcement began heavily using the device as a less-lethal weapon several years ago.
Police say there is no better weapon for quashing a tense situation without causing serious harm. Critics, such as Amnesty International, say it is too commonly used and has not been subjected to enough research.
An Amnesty International report released last December listed Broward County as one of the counties in the country where the most Taser-related deaths had occurred between 2001 and 2008.
Tuesday's incident, the third death of a Taser victim in BSO custody since the agency instituted the weapon, may have been fueled by drugs, Leljedal said.
An investigator with the Broward Medical Examiner's Office declined to discuss an autopsy performed Wednesday.
Leljedal said the autopsy showed no trauma or injuries other than minor scratches and Taser marks on Meier's right side.
His death appears to have been caused by cocaine toxicity or excited delirium, though a toxicology test has not been finalized, Leljedal said.
The death is under investigation by BSO homicide, crime scene and internal affairs detectives -- a standard policy, according to Leljedal. The deputy who Tasered Meier remains on active duty.
______________________
More information:
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2009/04/02/0402tasered.html
Deputy Charles Grady Resigns After Being Charged with Battery
A Broward sheriff's deputy has resigned after being charged with two counts of misdemeanor battery, and prosecutors said they are reviewing hundreds of cases in which he was involved.
The charges were filed on Monday against Deputy Charles E. Grady, 39, who has been with BSO for nearly 12 years. Arraignment is scheduled for May 13.
On Wednesday, Grady resigned, according to a statement from the Broward Sheriff's Office.
Court documents say that Grady touched or struck two different women on two different occasions, on Sept. 19 and Dec. 19.
Both incidents are alleged to have happened as part of traffic stops, according to BSO.
Ron Ishoy, spokesman for the state attorney's office, said a preliminary count showed Grady was involved in more than 200 cases. The office estimates that dozens of cases in which Grady was involved have already been changed or dropped.
"Since we were first notified of his suspension and then the criminal investigation against him, we have been reviewing each of those cases to determine their strengths and weaknesses with or without his testimony,'' Ishoy said in a statement.
The Broward Sheriff's Office also is conducting an internal affairs investigation.
Wednesday, April 01, 2009
Dallas Officers Mock Man While Tasering Him
Two weeks after an officer's traffic stop made national news, CBS 11 News has learned about another incident involving officers who allegedly mocked a man while he was being tasered.
The patrol car video will not be released until department officials determine whether to file criminal charges in the case.
The two sergeants have been taken off the street for an incident that some officers say could become as embarrassing for the department as traffic stop involving Ryan Moats.
It was the early morning hours of March 20 when three men were being arrested for assault along I-45.
Officers at the scene say Eric Delagarza was combative and had to be tasered by one of the officers. But it's what was said during that moment that has set off an investigation.
"Something took place out there that one officer found inappropriate," said Dallas Police Lt. Andy Harvey
The unnamed officer initiated a public integrity investigation, making allegations that while Delagarza was being tasered, one of the officers at the scene reportedly "told the suspect to take it like a man" while another shouted, "Do you want another one?"
During that time, sources say Delagarza was heard screaming on the patrol car video.
Sources say it's unclear on the video which officers were heard on the tape shouting at the suspect.
Two sergeants have been reassigned because they were supervisors and department officials are also investigating the actions of the officer who fired the taser.
It comes while the city is still reeling from the North Dallas traffic stop in which Officer Robert Powell delayed a family from reaching the bedside of a dying relative.
We were referred to an attorney when we tried to speak with the tasered suspect.
One of the two sergeants reassigned has been accused of excessive force before, but the allegations were never proven. Sources in the department say the senior officers are disturbed by what they've seen on the video.
The patrol car video will not be released until department officials determine whether to file criminal charges in the case.
The two sergeants have been taken off the street for an incident that some officers say could become as embarrassing for the department as traffic stop involving Ryan Moats.
It was the early morning hours of March 20 when three men were being arrested for assault along I-45.
Officers at the scene say Eric Delagarza was combative and had to be tasered by one of the officers. But it's what was said during that moment that has set off an investigation.
"Something took place out there that one officer found inappropriate," said Dallas Police Lt. Andy Harvey
The unnamed officer initiated a public integrity investigation, making allegations that while Delagarza was being tasered, one of the officers at the scene reportedly "told the suspect to take it like a man" while another shouted, "Do you want another one?"
During that time, sources say Delagarza was heard screaming on the patrol car video.
Sources say it's unclear on the video which officers were heard on the tape shouting at the suspect.
Two sergeants have been reassigned because they were supervisors and department officials are also investigating the actions of the officer who fired the taser.
It comes while the city is still reeling from the North Dallas traffic stop in which Officer Robert Powell delayed a family from reaching the bedside of a dying relative.
We were referred to an attorney when we tried to speak with the tasered suspect.
One of the two sergeants reassigned has been accused of excessive force before, but the allegations were never proven. Sources in the department say the senior officers are disturbed by what they've seen on the video.
Tasers the New Killer Weapon
As protesters descend upon London's financial district to demonstrate the G-20 summit this week, they are being met by thousands of Metropolitan police officers carrying out what has repeatedly been described as the biggest police operation ever undertaken in the capital. Pre-emptive arrests were made earlier this week and despite the mainly nonviolent protests -- overshadowed by media reports of a "seige" on the Bank of England -- by Wednesday night, more than 60 people had been arrested and one man was dead.
Police in London have been gearing up for these clashes for months, attracting press attention for the “unprecedented” security deployment and the various tools at their disposal. Among them are so-called "non-lethal weapons" of the sort that have become biquitous crowd control devices. "Scotland Yard is to deploy officers armed with 50,000-volt Taser stun guns to deal with violent demonstrators," the Times Online reported earlier this week, noting that police were gearing up for any "anarchist elements" "likely to stir up trouble."
Months after the Republican National Convention in the U.S., such sweeping security measures may seem to be par for the course. But in the UK -- where police forces have traditionally not carried guns -- it was not that long ago that Tasers were new to the streets. Since their arrival in the spring of 2003, however, their popularity has skyrocketed; last fall, Home Secretary Jacqui Smith unveiled a plan to spend £8 million on Tasers and Taser training for 30,000 police officers, providing some 10,000 new Tasers to police across England and Wales. "I am proud that we have one of the few police services around the world that do not regularly carry firearms," Smith said, "and I want to keep it that way." But an arms expert at Amnesty International UK called the move "a dangerous step in British policing," citing "numerous" taser deaths in North America as a cautionary example.
Meanwhile in the U.S., such fatalities continue. Last month, a Michigan teenager died after police tasered him, one day short of his 16th birthday.
It would be preposterous at this point for anyone with access to the news media to claim that Tasers are the safe policing tools they are marketed as. Yet Taser International, the corporation that makes them, continues to market this dangerous -- and lucrative -- myth. On March 31, the company's latest Taser model -- called the Shockwave -- hit the market; according to Taser International website, it "allows for both increased safety and stand-off capability during hostile situations, minimizing risk with a stand-off distance of up to 100 meters." But as Dalia Hashad, director of Amnesty International’s USA Program focusing on domestic human rights, wrote about the product last fall, the Shockwave "belongs in my 'You've Got to Be Kidding' file along with Taser International's leopard-print MP3 player that doubles as a taser and their employment of Playboy Bunnies for promotion." The company's literature shows it to be a powerful crowd-control weapon:
"With the push of a button at a stand-off distance of up to 100 meters, the Shockwave unit deploys multiple standard TASER® cartridges that are oriented across an area arc. Full area coverage is provided to instantaneously incapacitate multiple personnel within that region."
"Development of weapons that allow police to tase en mass is not good news," says Hashad. " ... Would you be willing to go to a protest knowing that police on the scene were armed with Taser Shockwave? I wouldn't bring my daughter, which means that I might have to stay home. Maybe that's the point."
It is not clear what model of Taser London police are using at the G20 summit. But with the UK embracing Taser technology, it is only a matter of time before the kinds of fatalities seen regularly in North America start showing up across the Atlantic. The company doesn’t seem concerned, though. The British version of Taser International's website, www.taser.co.uk, boasts: "0% long term injury. 94% success rate."
Taser use is down in Canada
One place where the Taser trend actually appears to be changing is Canada, where high-profile taser deaths, along with a recent study on the dangers of Tasers, are leading to a serious rethinking of the weapon. Four months after a Canadian report found that the type of Taser model most often used by police officers can significantly raise the risk of cardiac arrest -- prompting Canadian officials to say they were pulling the model from its police ranks -- Taser use in Canada has decreased dramatically. Last week Reuters reported that the "use of Taser stun guns by the Royal Canadian Mounted Police (RCMP) dropped by almost a third last year, possibly because of a high-profile controversy about the weapon's safety and accusations the gun was being over-used."
The official who released the numbers, who heads the Commission for Public Complaints Against the RCMP, told reporters in a press conference that Canadian authorities are showing more "self-restraint" when it comes to deploying tasers -- while also suggesting that suspects are less likely to resist police officers for fear of being tasered to death. "People now recognize that the Taser is painful and that Taser -- maybe they're thinking -- may kill me, and they're co-operating too," said Paul Kennedy of the RCMP, a government agency that, according to Reuters, "is expected to issue a more comprehensive report on Taser use" in coming days.
This is pretty unsatisfying for people who would like to see a ban on Tasers -- or at least a moratorium until their safety can be guaranteed (a dubious prospect). More importantly, in the meantime, allowing Tasers to occupy a gray area -- not lethal except when they are -- will make it that much harder for police to be held accountable for excessive force and homicide. Cops already get away with shooting suspects dead with little to no consequences. Arming them with Tasers under the pretense that they are safe will only perpetuate this trend as inevitable deaths occur.
Like "pre-emptive" arrests, the 50,000-volt Tasers that London police are carrying as they stand off with G20 protesters this week may be seen as a necessary precaution. But the past several years have shown the slippery slope governments create in the name of security. Any Taser deaths in London this week will be treated as a tragic accident, to be sure. But they should not be treated as a surprise.
Police in London have been gearing up for these clashes for months, attracting press attention for the “unprecedented” security deployment and the various tools at their disposal. Among them are so-called "non-lethal weapons" of the sort that have become biquitous crowd control devices. "Scotland Yard is to deploy officers armed with 50,000-volt Taser stun guns to deal with violent demonstrators," the Times Online reported earlier this week, noting that police were gearing up for any "anarchist elements" "likely to stir up trouble."
Months after the Republican National Convention in the U.S., such sweeping security measures may seem to be par for the course. But in the UK -- where police forces have traditionally not carried guns -- it was not that long ago that Tasers were new to the streets. Since their arrival in the spring of 2003, however, their popularity has skyrocketed; last fall, Home Secretary Jacqui Smith unveiled a plan to spend £8 million on Tasers and Taser training for 30,000 police officers, providing some 10,000 new Tasers to police across England and Wales. "I am proud that we have one of the few police services around the world that do not regularly carry firearms," Smith said, "and I want to keep it that way." But an arms expert at Amnesty International UK called the move "a dangerous step in British policing," citing "numerous" taser deaths in North America as a cautionary example.
Meanwhile in the U.S., such fatalities continue. Last month, a Michigan teenager died after police tasered him, one day short of his 16th birthday.
It would be preposterous at this point for anyone with access to the news media to claim that Tasers are the safe policing tools they are marketed as. Yet Taser International, the corporation that makes them, continues to market this dangerous -- and lucrative -- myth. On March 31, the company's latest Taser model -- called the Shockwave -- hit the market; according to Taser International website, it "allows for both increased safety and stand-off capability during hostile situations, minimizing risk with a stand-off distance of up to 100 meters." But as Dalia Hashad, director of Amnesty International’s USA Program focusing on domestic human rights, wrote about the product last fall, the Shockwave "belongs in my 'You've Got to Be Kidding' file along with Taser International's leopard-print MP3 player that doubles as a taser and their employment of Playboy Bunnies for promotion." The company's literature shows it to be a powerful crowd-control weapon:
"With the push of a button at a stand-off distance of up to 100 meters, the Shockwave unit deploys multiple standard TASER® cartridges that are oriented across an area arc. Full area coverage is provided to instantaneously incapacitate multiple personnel within that region."
"Development of weapons that allow police to tase en mass is not good news," says Hashad. " ... Would you be willing to go to a protest knowing that police on the scene were armed with Taser Shockwave? I wouldn't bring my daughter, which means that I might have to stay home. Maybe that's the point."
It is not clear what model of Taser London police are using at the G20 summit. But with the UK embracing Taser technology, it is only a matter of time before the kinds of fatalities seen regularly in North America start showing up across the Atlantic. The company doesn’t seem concerned, though. The British version of Taser International's website, www.taser.co.uk, boasts: "0% long term injury. 94% success rate."
Taser use is down in Canada
One place where the Taser trend actually appears to be changing is Canada, where high-profile taser deaths, along with a recent study on the dangers of Tasers, are leading to a serious rethinking of the weapon. Four months after a Canadian report found that the type of Taser model most often used by police officers can significantly raise the risk of cardiac arrest -- prompting Canadian officials to say they were pulling the model from its police ranks -- Taser use in Canada has decreased dramatically. Last week Reuters reported that the "use of Taser stun guns by the Royal Canadian Mounted Police (RCMP) dropped by almost a third last year, possibly because of a high-profile controversy about the weapon's safety and accusations the gun was being over-used."
The official who released the numbers, who heads the Commission for Public Complaints Against the RCMP, told reporters in a press conference that Canadian authorities are showing more "self-restraint" when it comes to deploying tasers -- while also suggesting that suspects are less likely to resist police officers for fear of being tasered to death. "People now recognize that the Taser is painful and that Taser -- maybe they're thinking -- may kill me, and they're co-operating too," said Paul Kennedy of the RCMP, a government agency that, according to Reuters, "is expected to issue a more comprehensive report on Taser use" in coming days.
This is pretty unsatisfying for people who would like to see a ban on Tasers -- or at least a moratorium until their safety can be guaranteed (a dubious prospect). More importantly, in the meantime, allowing Tasers to occupy a gray area -- not lethal except when they are -- will make it that much harder for police to be held accountable for excessive force and homicide. Cops already get away with shooting suspects dead with little to no consequences. Arming them with Tasers under the pretense that they are safe will only perpetuate this trend as inevitable deaths occur.
Like "pre-emptive" arrests, the 50,000-volt Tasers that London police are carrying as they stand off with G20 protesters this week may be seen as a necessary precaution. But the past several years have shown the slippery slope governments create in the name of security. Any Taser deaths in London this week will be treated as a tragic accident, to be sure. But they should not be treated as a surprise.
Former Detective Kris Ledford Sentenced to 4 years in Prison
Muskogee
A former Muskogee police detective has been sentenced to four years in prison after pleading guilty to stealing and selling guns taken from a police evidence room.
Kris Ledford of Broken Arrow was charged last year after an investigation by federal and local authorities. He was accused of stealing and selling at least nine guns between June 2007 and May 2008.
Ledford was also charged with one count of 'Stolen Valor' for claiming to have won a Purple Heart and Bronze Star when he in fact had not. Ledford attempted to claim trauma from combat explained his criminal behavior.
"Police officers are given the public trust by the citizen of their community," U.S. Attorney Sheldon Sperling said in November after Ledford's guilty plea. "Kris Ledford betrayed that trust and brought dishonor to the Muskogee Police Department by committing crimes against the same citizens and police department that hired him and gave him this trust."
Ledford also faces related charges in Cherokee, Tulsa and Wagoner counties.
In Tulsa County, Ledford is charged with impersonating a police officer and larceny of merchandise from a retailer.
Ledford was a five-year veteran of the Muskogee Police Department.
A former Muskogee police detective has been sentenced to four years in prison after pleading guilty to stealing and selling guns taken from a police evidence room.
Kris Ledford of Broken Arrow was charged last year after an investigation by federal and local authorities. He was accused of stealing and selling at least nine guns between June 2007 and May 2008.
Ledford was also charged with one count of 'Stolen Valor' for claiming to have won a Purple Heart and Bronze Star when he in fact had not. Ledford attempted to claim trauma from combat explained his criminal behavior.
"Police officers are given the public trust by the citizen of their community," U.S. Attorney Sheldon Sperling said in November after Ledford's guilty plea. "Kris Ledford betrayed that trust and brought dishonor to the Muskogee Police Department by committing crimes against the same citizens and police department that hired him and gave him this trust."
Ledford also faces related charges in Cherokee, Tulsa and Wagoner counties.
In Tulsa County, Ledford is charged with impersonating a police officer and larceny of merchandise from a retailer.
Ledford was a five-year veteran of the Muskogee Police Department.
Police Brutality Continues Unabated
On TV and in the movies, we often see the internal affairs division as no nonsense, hard noses willing to take down even good cops when they cross the line. But unlike TV and movies, in Fort Lauderdale the internal affairs division can look at something like the Joshua Ortiz tape, where after being pushed into a corner, a second cop comes from outside the action with a punch to the face and say this was not excessive force.
In this day and age where many police carry Tasers and or mace, I really don't see a haymaker to a smaller guy that's already pinned to the corner as acceptable. It's completely reprehensible that this type of behavior is not only not punished, it's condoned.
When people see that an innocent person can be savagely beaten by multiple police and then arrested for being beaten, you lead to an environment where people lose respect for the badge or the police officer wearing it.
Too often the rally cry is sent out, "Oh it's a dangerous job" or "They have to deal with crazy people all the time."
Many police departments like to tout themselves as "professionals." I don't see assault as professional behavior, nor do I accept that those that allow it to go unpunished can be called professional, either. I think the easiest way to let the public know what they're really in store for is to change the popular logo "To serve and protect" to something a little more honest like "To harass and batter."
In this day and age where many police carry Tasers and or mace, I really don't see a haymaker to a smaller guy that's already pinned to the corner as acceptable. It's completely reprehensible that this type of behavior is not only not punished, it's condoned.
When people see that an innocent person can be savagely beaten by multiple police and then arrested for being beaten, you lead to an environment where people lose respect for the badge or the police officer wearing it.
Too often the rally cry is sent out, "Oh it's a dangerous job" or "They have to deal with crazy people all the time."
Many police departments like to tout themselves as "professionals." I don't see assault as professional behavior, nor do I accept that those that allow it to go unpunished can be called professional, either. I think the easiest way to let the public know what they're really in store for is to change the popular logo "To serve and protect" to something a little more honest like "To harass and batter."
Former Deputy Marc Diaz Must Stand Trial for Kidnapping & Rape
A judge ruled Wednesday that a former Riverside County Sheriff's deputy must stand trial on charges of kidnapping and raping a woman in La Quinta. Marc Javier Diaz, 35, was arrested in February.
The Indio man is charged with kidnapping to commit rape and two counts of rape under the threat of authority of a public official. He could face life without the possibility of parole if convicted on the kidnap- to-rape charge.
Diaz, who is being held in lieu of $1 million bail, was arrested in February during a traffic stop near Avenue 50 and Jackson Street in La Quinta, said sheriff's Deputy Herlinda Valenzuela.
He is accused of walking into Point Happy Massage Therapy at 78370 Highway 111 in La Quinta on Jan. 31, displaying a law enforcement badge and demanding identification from employees and others in the establishment.
He then allegedly ordered a friend of an employee who had no identification into his pickup truck, drove her to a secluded location near Washington Street and Country Club Drive and raped her.
Diaz worked for the Coachella Valley Unified School District for 16 months before his arrest. Officials at the Coachella Valley superintendent's office have refused to comment on his employment history on grounds that it is a "personnel matter."
Diaz was a Riverside County sheriff's deputy for nine years before he resigned in 2004.
He was arrested on June 25, 2004, on suspicion of soliciting and engaging in prostitution in the area of Bliss and Oasis streets in Indio, according to Indio police. At the time, he was working in the Indio courthouse, but the next month he resigned, Valenzuela said.
The District Attorney's Office never filed charges against Diaz for the prostitution allegation because of insufficient evidence, a spokesman for the office has said.
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Previous Stories: http://whathappenedtoprotectandserve.blogspot.com/2009/02/former-deputy-marc-diaz-accused-of.html
http://whathappenedtoprotectandserve.blogspot.com/2009/02/former-deputy-marc-javier-diaz-arrested.html
The Indio man is charged with kidnapping to commit rape and two counts of rape under the threat of authority of a public official. He could face life without the possibility of parole if convicted on the kidnap- to-rape charge.
Diaz, who is being held in lieu of $1 million bail, was arrested in February during a traffic stop near Avenue 50 and Jackson Street in La Quinta, said sheriff's Deputy Herlinda Valenzuela.
He is accused of walking into Point Happy Massage Therapy at 78370 Highway 111 in La Quinta on Jan. 31, displaying a law enforcement badge and demanding identification from employees and others in the establishment.
He then allegedly ordered a friend of an employee who had no identification into his pickup truck, drove her to a secluded location near Washington Street and Country Club Drive and raped her.
Diaz worked for the Coachella Valley Unified School District for 16 months before his arrest. Officials at the Coachella Valley superintendent's office have refused to comment on his employment history on grounds that it is a "personnel matter."
Diaz was a Riverside County sheriff's deputy for nine years before he resigned in 2004.
He was arrested on June 25, 2004, on suspicion of soliciting and engaging in prostitution in the area of Bliss and Oasis streets in Indio, according to Indio police. At the time, he was working in the Indio courthouse, but the next month he resigned, Valenzuela said.
The District Attorney's Office never filed charges against Diaz for the prostitution allegation because of insufficient evidence, a spokesman for the office has said.
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Previous Stories: http://whathappenedtoprotectandserve.blogspot.com/2009/02/former-deputy-marc-diaz-accused-of.html
http://whathappenedtoprotectandserve.blogspot.com/2009/02/former-deputy-marc-javier-diaz-arrested.html
Dallas Police Investigating Officers for Excessive Force
Dallas police are investigating whether officers used improper force when subduing three suspects and using a Taser on one as he was placed in a police car.
Much of the March 20 incident that followed the arrest of three men on a downtown freeway interchange was captured on dashboard camera video and audio.
"Take it, take it," yells a Dallas police sergeant as another officer jolts a handcuffed suspect with a stun gun, according to senior police officials who reviewed the dash-cam recordings.
The arrested man begs for police to stop even as another officer is heard taunting the suspect by asking him if he's had enough, the officials said.
All three suspects face assault and other charges after police said they attacked a man outside a downtown nightclub. Police declined to release the video pending a review by the district attorney's office which will determine whether criminal charges may be appropriate against the officers.
Dallas police are still reeling from a flood of anger that erupted over a dash-cam video released last week that showed an officer's insensitivity to a national audience when he berated NFL running back Ryan Moats and delayed him for 13 minutes as he tried to get to his mother-in-law's death bed.
After police reviewed the recordings of the March 20 incident, two patrol sergeants, Elisa Martinez and Elliott Forge, were transferred off the streets pending the outcome of an investigation. Senior Cpl. Armando Dominguez, who fired the Taser, remains on patrol.
"This came to our attention by way of one of our officers, and an internal investigation has been initiated, as well as looking into any possible criminal violations," said Lt. Andy Harvey, Dallas police spokesman.
Phil Burleson, who is representing Forge and Dominguez, said his clients deny that they did anything improper. "They don't recall doing anything inappropriate," he said.
Dominguez said he has done nothing wrong. "I have nothing to hide and it will all come out," Dominguez said.
Senior police officials, who asked that their names not be used because of the possible criminal inquiry, said the video captured by in-car cameras on several patrol cars shows what happened shortly after a fight outside a downtown nightclub.
About 2:30 a.m., a man was attacked by three men in the middle of the Pearl Expressway near Commerce Street after he intervened to stop them from harassing women as they left the club, according to police records.
After bystanders intervened and the attackers fled, the beaten man flagged down a police officer and said he saw them leaving in a silver Honda, according to the police report.
As officers approached the Honda, the driver backed up and struck Forge in the legs, nearly knocking him to the ground, according to the arrest report. Forge, who wasn't seriously injured, ran after the car as it sped away at high speeds on the wrong side of the road.
A pursuing squad car stopped the Honda a short distance away on Interstate 45 in South Dallas.
Police officials say dash-cam video captured events a few minutes later as the men were being taken into custody. One officer, whose identity is unclear, dragged one of the men, already handcuffed, across the pavement.
Then Forge and Martinez arrived at the scene.
Forge stormed up, screaming at the suspects, by then all handcuffed, according to what police officials said they saw in the video. Forge yelled profanities at one of the suspects before grabbing him.
One police official said video footage then shows Forge pressing a flashlight to his throat. Forge is also seen putting a knee in a suspect's back, another police official who reviewed the tape said.
Those who viewed the tape said the suspects did not appear to be resisting arrest.
Forge declined to comment, except to say, "The knee thing is brand-new to me. I find that amusing, but I can't say anything."
Burleson, who said he has not yet reviewed the video footage, said Forge wasn't using the flashlight.
"It was just in his hand as he had a hold of the suspect's shirt," he said. "He says he never uses the flashlight as a blunt object to enforce anything."
The Taser incident took place off-camera, but was captured on audio.
"Take it like a man," Martinez yells as Eric De La Garza is stunned by a Taser as he was being placed in a squad car, according to a report filed because the stun gun was used. The report was written by another officer, rookie Officer Mark Dewald, who had arrived after the suspects were handcuffed.
"Everything that was done to me was done while I was in handcuffs," De La Garza told The Dallas Morning News. He declined further comment under advice from his lawyer.
In Dewald's report, he says that his Taser device had fallen off his belt as he and Dominguez tried to put De La Garza in the squad car. He said Dominguez picked up the Taser and used it on De La Garza as Martinez yelled at the suspect.
An officer is also heard on the audio of a dash-cam recording asking the screaming De La Garza if he's had enough, police officials said.
Yet another officer who arrived at the scene wrote the arrest report for De La Garza. In it, Officer Tomas Urena says De La Garza had kicked Dominguez in the leg and began to "kick and thrust violently."
The report describes De La Garza as being "extremely uncooperative" and says that "he would contaminate officers' food when any police ate" at the restaurant where he works.
"This guy was struggling with the cops," Dominguez told The Dallas Morning News. "Hopefully, you guys can see the whole video and what he's saying and commenting to us."
Dewald's report gives no indication that De La Garza struggled with police before being stunned.
Police officials said on the video they could hear the sound of the stun gun being used, and officers yelling and De La Garza screaming. The police investigation will seek to determine whether the Taser was improperly used.
De La Garza, 21, was arrested on suspicion of third-degree felony assault on a public servant, evading arrest and resisting arrest. Alejandro Rivera, 20, was arrested on a public intoxication and assault charges. Morgan Brito, 21, was arrested on an assault charge and for outstanding warrants.
Much of the March 20 incident that followed the arrest of three men on a downtown freeway interchange was captured on dashboard camera video and audio.
"Take it, take it," yells a Dallas police sergeant as another officer jolts a handcuffed suspect with a stun gun, according to senior police officials who reviewed the dash-cam recordings.
The arrested man begs for police to stop even as another officer is heard taunting the suspect by asking him if he's had enough, the officials said.
All three suspects face assault and other charges after police said they attacked a man outside a downtown nightclub. Police declined to release the video pending a review by the district attorney's office which will determine whether criminal charges may be appropriate against the officers.
Dallas police are still reeling from a flood of anger that erupted over a dash-cam video released last week that showed an officer's insensitivity to a national audience when he berated NFL running back Ryan Moats and delayed him for 13 minutes as he tried to get to his mother-in-law's death bed.
After police reviewed the recordings of the March 20 incident, two patrol sergeants, Elisa Martinez and Elliott Forge, were transferred off the streets pending the outcome of an investigation. Senior Cpl. Armando Dominguez, who fired the Taser, remains on patrol.
"This came to our attention by way of one of our officers, and an internal investigation has been initiated, as well as looking into any possible criminal violations," said Lt. Andy Harvey, Dallas police spokesman.
Phil Burleson, who is representing Forge and Dominguez, said his clients deny that they did anything improper. "They don't recall doing anything inappropriate," he said.
Dominguez said he has done nothing wrong. "I have nothing to hide and it will all come out," Dominguez said.
Senior police officials, who asked that their names not be used because of the possible criminal inquiry, said the video captured by in-car cameras on several patrol cars shows what happened shortly after a fight outside a downtown nightclub.
About 2:30 a.m., a man was attacked by three men in the middle of the Pearl Expressway near Commerce Street after he intervened to stop them from harassing women as they left the club, according to police records.
After bystanders intervened and the attackers fled, the beaten man flagged down a police officer and said he saw them leaving in a silver Honda, according to the police report.
As officers approached the Honda, the driver backed up and struck Forge in the legs, nearly knocking him to the ground, according to the arrest report. Forge, who wasn't seriously injured, ran after the car as it sped away at high speeds on the wrong side of the road.
A pursuing squad car stopped the Honda a short distance away on Interstate 45 in South Dallas.
Police officials say dash-cam video captured events a few minutes later as the men were being taken into custody. One officer, whose identity is unclear, dragged one of the men, already handcuffed, across the pavement.
Then Forge and Martinez arrived at the scene.
Forge stormed up, screaming at the suspects, by then all handcuffed, according to what police officials said they saw in the video. Forge yelled profanities at one of the suspects before grabbing him.
One police official said video footage then shows Forge pressing a flashlight to his throat. Forge is also seen putting a knee in a suspect's back, another police official who reviewed the tape said.
Those who viewed the tape said the suspects did not appear to be resisting arrest.
Forge declined to comment, except to say, "The knee thing is brand-new to me. I find that amusing, but I can't say anything."
Burleson, who said he has not yet reviewed the video footage, said Forge wasn't using the flashlight.
"It was just in his hand as he had a hold of the suspect's shirt," he said. "He says he never uses the flashlight as a blunt object to enforce anything."
The Taser incident took place off-camera, but was captured on audio.
"Take it like a man," Martinez yells as Eric De La Garza is stunned by a Taser as he was being placed in a squad car, according to a report filed because the stun gun was used. The report was written by another officer, rookie Officer Mark Dewald, who had arrived after the suspects were handcuffed.
"Everything that was done to me was done while I was in handcuffs," De La Garza told The Dallas Morning News. He declined further comment under advice from his lawyer.
In Dewald's report, he says that his Taser device had fallen off his belt as he and Dominguez tried to put De La Garza in the squad car. He said Dominguez picked up the Taser and used it on De La Garza as Martinez yelled at the suspect.
An officer is also heard on the audio of a dash-cam recording asking the screaming De La Garza if he's had enough, police officials said.
Yet another officer who arrived at the scene wrote the arrest report for De La Garza. In it, Officer Tomas Urena says De La Garza had kicked Dominguez in the leg and began to "kick and thrust violently."
The report describes De La Garza as being "extremely uncooperative" and says that "he would contaminate officers' food when any police ate" at the restaurant where he works.
"This guy was struggling with the cops," Dominguez told The Dallas Morning News. "Hopefully, you guys can see the whole video and what he's saying and commenting to us."
Dewald's report gives no indication that De La Garza struggled with police before being stunned.
Police officials said on the video they could hear the sound of the stun gun being used, and officers yelling and De La Garza screaming. The police investigation will seek to determine whether the Taser was improperly used.
De La Garza, 21, was arrested on suspicion of third-degree felony assault on a public servant, evading arrest and resisting arrest. Alejandro Rivera, 20, was arrested on a public intoxication and assault charges. Morgan Brito, 21, was arrested on an assault charge and for outstanding warrants.
Officer Lance Bennett Resigns After being Accused of Peeping into Womans Window
A Nebraska City police officer accused of peeping into a window to watch a woman take a bath has resigned from the force.
Lance Bennett submitted his resignation last week, days after he entered a written not guilty plea in Otoe County Court to a charge of second-degree criminal trespass, a misdemeanor. According to the criminal complaint, Bennett improperly went onto the property of Erik and Brenda Cunningham sometime around 10 p.m. on Aug. 6, 2008.
That night, Erik Cunningham went outside and found Bennett crouched on his back porch, wearing his police uniform. The officer had parked his police cruiser more than a block from the couple's house.
A next-door neighbor later told the Cunninghams that he had seen a man looking through a lighted window at the back of the couple's house. Brenda Cunningham, 32, was in the couple's bathroom taking a bath at the time.
Attempts to reach Bennett have been unsuccessful. His attorney, John Voelker of Nebraska City, did not return calls seeking comment.
Bennett, 29, had worked as a Nebraska City police officer since 2006.
On March 12, the city put Bennett on unpaid suspension after the Nebraska Attorney General's Office charged him with trespassing. He had spent more five months on paid administrative leave while the matter was under investigation, Police Chief David Lacy said Tuesday.
Lance Bennett submitted his resignation last week, days after he entered a written not guilty plea in Otoe County Court to a charge of second-degree criminal trespass, a misdemeanor. According to the criminal complaint, Bennett improperly went onto the property of Erik and Brenda Cunningham sometime around 10 p.m. on Aug. 6, 2008.
That night, Erik Cunningham went outside and found Bennett crouched on his back porch, wearing his police uniform. The officer had parked his police cruiser more than a block from the couple's house.
A next-door neighbor later told the Cunninghams that he had seen a man looking through a lighted window at the back of the couple's house. Brenda Cunningham, 32, was in the couple's bathroom taking a bath at the time.
Attempts to reach Bennett have been unsuccessful. His attorney, John Voelker of Nebraska City, did not return calls seeking comment.
Bennett, 29, had worked as a Nebraska City police officer since 2006.
On March 12, the city put Bennett on unpaid suspension after the Nebraska Attorney General's Office charged him with trespassing. He had spent more five months on paid administrative leave while the matter was under investigation, Police Chief David Lacy said Tuesday.
Baby Dies After Woman Gives Birth At Racine Jail
RACINE, Wis.
A 20-year-old woman gave birth Wednesday morning in the Racine County Jail.
Accusations are flying that calls for help were made but that hours passed before jail staffed arrived to help the woman deliver the child.
WISN 12 News talked with the mother of the cellmate who helped the prisoner deliver the child.
She said that her daughter repeatedly called for help but no one came.
Tamara Povliot said that her daughter told her the woman started bleeding at about 1 a.m. Wednesday morning. She said her daughter pushed the emergency call button four times to no avail.
Povliot said that the pregnant prisoner delivered her baby in the toilet nearly four hours later.
"She took the baby out of the toilet. She let them know over the intercom that the baby was born. And the guards came in. The baby was breathing, but by the time they got the baby to the hospital the baby was dead," Povliot said. "If they would have answered at 1 a.m. and gotten her to the hospital, I believe they could have stopped that or at least done some other preventive measures.”
The Racine County Sheriff's department spokesman said jail staff responded to the woman's cell at about 5:15 a.m. and found her giving birth.
The baby was pronounced dead 39 minutes later at a hospital.
The spokesman said, “The incident is being investigated by Racine County investigators. An autopsy is scheduled to determine the cause of death."
A 20-year-old woman gave birth Wednesday morning in the Racine County Jail.
Accusations are flying that calls for help were made but that hours passed before jail staffed arrived to help the woman deliver the child.
WISN 12 News talked with the mother of the cellmate who helped the prisoner deliver the child.
She said that her daughter repeatedly called for help but no one came.
Tamara Povliot said that her daughter told her the woman started bleeding at about 1 a.m. Wednesday morning. She said her daughter pushed the emergency call button four times to no avail.
Povliot said that the pregnant prisoner delivered her baby in the toilet nearly four hours later.
"She took the baby out of the toilet. She let them know over the intercom that the baby was born. And the guards came in. The baby was breathing, but by the time they got the baby to the hospital the baby was dead," Povliot said. "If they would have answered at 1 a.m. and gotten her to the hospital, I believe they could have stopped that or at least done some other preventive measures.”
The Racine County Sheriff's department spokesman said jail staff responded to the woman's cell at about 5:15 a.m. and found her giving birth.
The baby was pronounced dead 39 minutes later at a hospital.
The spokesman said, “The incident is being investigated by Racine County investigators. An autopsy is scheduled to determine the cause of death."
Trooper Franklin Joseph Ryle Waves Right to Hearing
CASPER, Wyo.
A Wyoming state trooper accused of federal civil rights violations will remain in custody.
Trooper Franklin Joseph Ryle on Tuesday waived his right to a preliminary hearing that would have forced the federal government to lay out its case against him in court. Ryle also waived his right to a detention hearing, meaning that he will remain in custody until he's arraigned later.
Ryle, 41, wore an orange jail jumpsuit and was led into the courtroom in handcuffs by officers during his appearance before U.S. Magistrate R. Michael Shickich.
Shickich told Ryle that he had a right to force the government to present evidence why the case against him should proceed. Ryle declined to do that.
Ryle also declined when Shickich asked him if he wanted a hearing on whether he should stay in custody.
"That being the case, the implication is that Mr. Ryle will remain in the custody of the United States," Shickich said.
Last week, U.S. Justice Department lawyer Edward G. Caspar filed papers in court asking that Ryle be jailed until a detention hearing could be held. Caspar indicated that Ryle faced the possibility of a life sentence in prison if convicted and indicated that there was a serious risk he would flee if allowed out of custody.
Ryle's decision to waive his preliminary and detention hearings means that details of the government's case against him remain secret to the public.
The Justice Department last week charged that Ryle, a 12-year veteran of the Highway Patrol, had violated a person's civil rights in January by kidnapping him at gunpoint and unlawfully arresting him. The complaint states that Ryle was acting "under color of law" during the incident.
In response to a request from the Justice Department, Shickich last week ordered some of the criminal complaint against Ryle and all of an FBI agent's affidavit supporting the complaint to be sealed.
Caspar declined comment on the government's case against Ryle after Tuesday's court hearing. He referred questions to a Justice Department public information officer in Washington. The public information officer said he could give no details of the government's case because the records remain sealed.
Records from the Justice Department Web site show that Caspar has been involved in several civil rights prosecutions around the country in recent years involving claims that police or correctional officers have brutalized people in custody.
Casper lawyer John Robinson represented Ryle in court. However, Robinson told Shickich that Ryle will apply for a public defender. Robinson said that once Ryle gets a public defender, Robinson will no longer be involved in the case.
Robinson declined comment after the court hearing.
State officials, including the governor's office and Wyoming Attorney General Bruce Salzburg, have declined comment on the case against Ryle.
Col. Sam Powell, administrator of the Highway Patrol, said last week that Ryle was on paid administrative leave.
Ryle was involved in an on-duty shooting in 2006 that prosecutors later determined was justified. Prosecutors
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http://www.casperstartribune.net/articles/2009/03/31/news/casper/2e0fcae2a4963e768725758b00009546.txt
A Wyoming state trooper accused of federal civil rights violations will remain in custody.
Trooper Franklin Joseph Ryle on Tuesday waived his right to a preliminary hearing that would have forced the federal government to lay out its case against him in court. Ryle also waived his right to a detention hearing, meaning that he will remain in custody until he's arraigned later.
Ryle, 41, wore an orange jail jumpsuit and was led into the courtroom in handcuffs by officers during his appearance before U.S. Magistrate R. Michael Shickich.
Shickich told Ryle that he had a right to force the government to present evidence why the case against him should proceed. Ryle declined to do that.
Ryle also declined when Shickich asked him if he wanted a hearing on whether he should stay in custody.
"That being the case, the implication is that Mr. Ryle will remain in the custody of the United States," Shickich said.
Last week, U.S. Justice Department lawyer Edward G. Caspar filed papers in court asking that Ryle be jailed until a detention hearing could be held. Caspar indicated that Ryle faced the possibility of a life sentence in prison if convicted and indicated that there was a serious risk he would flee if allowed out of custody.
Ryle's decision to waive his preliminary and detention hearings means that details of the government's case against him remain secret to the public.
The Justice Department last week charged that Ryle, a 12-year veteran of the Highway Patrol, had violated a person's civil rights in January by kidnapping him at gunpoint and unlawfully arresting him. The complaint states that Ryle was acting "under color of law" during the incident.
In response to a request from the Justice Department, Shickich last week ordered some of the criminal complaint against Ryle and all of an FBI agent's affidavit supporting the complaint to be sealed.
Caspar declined comment on the government's case against Ryle after Tuesday's court hearing. He referred questions to a Justice Department public information officer in Washington. The public information officer said he could give no details of the government's case because the records remain sealed.
Records from the Justice Department Web site show that Caspar has been involved in several civil rights prosecutions around the country in recent years involving claims that police or correctional officers have brutalized people in custody.
Casper lawyer John Robinson represented Ryle in court. However, Robinson told Shickich that Ryle will apply for a public defender. Robinson said that once Ryle gets a public defender, Robinson will no longer be involved in the case.
Robinson declined comment after the court hearing.
State officials, including the governor's office and Wyoming Attorney General Bruce Salzburg, have declined comment on the case against Ryle.
Col. Sam Powell, administrator of the Highway Patrol, said last week that Ryle was on paid administrative leave.
Ryle was involved in an on-duty shooting in 2006 that prosecutors later determined was justified. Prosecutors
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http://www.casperstartribune.net/articles/2009/03/31/news/casper/2e0fcae2a4963e768725758b00009546.txt
Former Officer Patrick Casey Found Guilty on 27 Counts of Sexually Assaulting Child
GRAND JUNCTION, Colo.
A Mesa County jury has convicted a former Palisade police officer accused of sexually assaulting two young girls.
Jurors reached their verdict Wednesday in the case of 51-year-old Patrick Casey of Clifton. He was found guilty of 27 counts including sexual assault on a child, sexual assault on a child by a person in a position of trust and in a pattern of abuse.
Casey was accused of sexually assaulting two of his former foster children between January 1997 and April 2008. The abuse allegedly began when the girls were between the ages of 3 and 4.
Casey's attorney had said the girls manufactured the allegations in an attempt to stay out of foster care.
A psychosexual evaluation has been ordered for Casey.
Sentencing is scheduled for June 5.
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http://www.krdo.com/Global/story.asp?S=10111995
A Mesa County jury has convicted a former Palisade police officer accused of sexually assaulting two young girls.
Jurors reached their verdict Wednesday in the case of 51-year-old Patrick Casey of Clifton. He was found guilty of 27 counts including sexual assault on a child, sexual assault on a child by a person in a position of trust and in a pattern of abuse.
Casey was accused of sexually assaulting two of his former foster children between January 1997 and April 2008. The abuse allegedly began when the girls were between the ages of 3 and 4.
Casey's attorney had said the girls manufactured the allegations in an attempt to stay out of foster care.
A psychosexual evaluation has been ordered for Casey.
Sentencing is scheduled for June 5.
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http://www.krdo.com/Global/story.asp?S=10111995
Tuesday, March 31, 2009
Sgt. David J Muehl Accused of Drunk Driving
An off-duty Milwaukee police supervisor had a blood-alcohol level more than four times the level that's evidence of intoxication when he was arrested over the weekend at Mitchell International Airport, according to information released by the Milwaukee County sheriff's office.
Sheriff's spokeswoman Kim Brooks confirmed Tuesday that David J. Muehl, 42, a sergeant with 15 years of service, registered 0.37 on a breath test before he was taken to a hospital for a blood test to support a ticket issued by a deputy early Saturday accusing him of first offense operating while intoxicated.
A blood-alcohol concentration of 0.08 is considered legal evidence of intoxication.
Muehl has been placed on administrative duty pending an internal investigation, according to Milwaukee Police Department spokeswoman Anne E. Schwartz. He is assigned to the department's Neighborhood Task Force. He could not be reached for comment Tuesday.
According to the sheriff's office:
Another driver called 911 when a Honda CRV nearly struck another car while eastbound on W. Layton Ave. near S. 6th St. The caller said the Honda had made abrupt moves and was swerving from lane to lane.
The caller followed the vehicle to the airport and alerted a deputy to his suspicion of drunken driving.
At 6:12 a.m., the deputy found Muehl in the Honda parked along a departing flights lane at the airport. Brooks said the engine was still running.
Muehl rolled down his window and "displayed signs of intoxication - slurred speech, a strong odor of alcohol, and he appeared to be confused," Brooks said.
The deputy had Muehl exit the vehicle, and he was unable to stand without assistance, according to Brooks, quoting a department report. Muehl told the deputy he was on his way to catch a flight.
After being taken to the hospital, Muehl was taken back to the sheriff's substation at the airport for booking and then released to a responsible party at 9:25 a.m.
A court hearing on the ticket is scheduled for April 29. If convicted, Muehl could pay a forfeiture of $796.50. Brooks said he was also issued a second ticket for having a prohibited alcohol content.
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http://www.wisn.com/news/19060226/detail.html
Sheriff's spokeswoman Kim Brooks confirmed Tuesday that David J. Muehl, 42, a sergeant with 15 years of service, registered 0.37 on a breath test before he was taken to a hospital for a blood test to support a ticket issued by a deputy early Saturday accusing him of first offense operating while intoxicated.
A blood-alcohol concentration of 0.08 is considered legal evidence of intoxication.
Muehl has been placed on administrative duty pending an internal investigation, according to Milwaukee Police Department spokeswoman Anne E. Schwartz. He is assigned to the department's Neighborhood Task Force. He could not be reached for comment Tuesday.
According to the sheriff's office:
Another driver called 911 when a Honda CRV nearly struck another car while eastbound on W. Layton Ave. near S. 6th St. The caller said the Honda had made abrupt moves and was swerving from lane to lane.
The caller followed the vehicle to the airport and alerted a deputy to his suspicion of drunken driving.
At 6:12 a.m., the deputy found Muehl in the Honda parked along a departing flights lane at the airport. Brooks said the engine was still running.
Muehl rolled down his window and "displayed signs of intoxication - slurred speech, a strong odor of alcohol, and he appeared to be confused," Brooks said.
The deputy had Muehl exit the vehicle, and he was unable to stand without assistance, according to Brooks, quoting a department report. Muehl told the deputy he was on his way to catch a flight.
After being taken to the hospital, Muehl was taken back to the sheriff's substation at the airport for booking and then released to a responsible party at 9:25 a.m.
A court hearing on the ticket is scheduled for April 29. If convicted, Muehl could pay a forfeiture of $796.50. Brooks said he was also issued a second ticket for having a prohibited alcohol content.
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http://www.wisn.com/news/19060226/detail.html
Officer Chris Bake Fired for Attacking Mentally Challenged Man
The chief of the Freeport Police Department says he fired the officer for attacking a mentally challenged man and pepper-spraying him.
The confrontation happened on March 9 at the intersection of Avenue I and Skinner. Somehow, Officer Chris Bake mistook a vehicle the mentally challenged man was riding in for a stolen one. In an effort to stop it, Bake rear-ended the SUV.
All four people inside were pulled out and told to sit on the curb. When mentally-challenged 65-year-old Albert Mendoza, who owns the vehicle, became frustrated and stood up, Officer Bake pepper-sprayed him and then gave him a knee to the face.
Most of the incident was captured on video from the police cruiser and it was enough to spark an investigation for excessive use of force.
"Once we did our administrative review of our use of force, we initiated the investigation," said Chief Jeff Pynes with the Freeport Police Department. "I contacted the caretaker of the victim and asked them to come in because I was concerned about what I saw and that time, I immediately removed him from the streets."
Bake's badge and weapon were confiscated last Friday. The case has now been referred to the Brazoria County district attorney's office for review.
As for Mendoza, he suffered a bruise to the eye and cuts to the back of the head. He and his family also relocated to nearby Clute.
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Video:
http://abclocal.go.com/ktrk/story?section=news/local&id=6738921
The confrontation happened on March 9 at the intersection of Avenue I and Skinner. Somehow, Officer Chris Bake mistook a vehicle the mentally challenged man was riding in for a stolen one. In an effort to stop it, Bake rear-ended the SUV.
All four people inside were pulled out and told to sit on the curb. When mentally-challenged 65-year-old Albert Mendoza, who owns the vehicle, became frustrated and stood up, Officer Bake pepper-sprayed him and then gave him a knee to the face.
Most of the incident was captured on video from the police cruiser and it was enough to spark an investigation for excessive use of force.
"Once we did our administrative review of our use of force, we initiated the investigation," said Chief Jeff Pynes with the Freeport Police Department. "I contacted the caretaker of the victim and asked them to come in because I was concerned about what I saw and that time, I immediately removed him from the streets."
Bake's badge and weapon were confiscated last Friday. The case has now been referred to the Brazoria County district attorney's office for review.
As for Mendoza, he suffered a bruise to the eye and cuts to the back of the head. He and his family also relocated to nearby Clute.
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Video:
http://abclocal.go.com/ktrk/story?section=news/local&id=6738921
Officer Billy Hurst Accused of Watching Porn While on Duty
CLINTON
A Clinton police officer accused of watching more than 23 hours of pornography while on duty has asked that disciplinary hearings be closed to keep confidential his allegations that others in the department also may have behaved inappropriately. Read full complaint (PDF) Read defense's motion (PDF)
Patrolman Billy Hurst faces a May 21 hearing before the Clinton Police and Fire Commission on charges that he violated department policy by using city-owned computers to watch adult pornography in his squad car.
According to documents obtained by The Pantagraph under a Freedom of Information Act request, Hurst allegedly viewed a total of 23 hours and 22 minutes of pornography during portions of 15 working days between Nov. 13 and Jan. 24.
The 15-year veteran of the Clinton department does not face criminal charges. He is paid $22.06 per hour for an annual salary of $45,892 and remains on duty pending the outcome of the police board hearings. He has declined to comment on the charges.
Shane Voyles, labor attorney with the Policemen’s Benevolent in Springfield, said Hurst will disprove the suggestion that Hurst’s conduct “is unusual or singular at the Clinton Police Department.”
When contacted by The Pantagraph Tuesday, Voyles declined to provide specifics about the statements contained in his motion.
City Police Commissioner Jerry Milton said he is not aware of any accusations involving other officers. “I’ve not heard any of that,” said Milton.
Two hearings have been closed to the media and public. Voyles suggested hearings remain closed “with all due haste, out of abundance of caution (if for no other reason.)”
City officials monitored computers starting in November after viruses were detected on city computers.
The time Hurst spent on alleged inappropriate activity ranged from three minutes on Nov. 13 to 217 minutes on Jan. 22, according to the complaint filed by the city.
Hurst violated nine departmental rules, including acting in a manner disrespectful of the law, violation of public trust and conduct unbecoming an officer, said the police documents.
The initial complaint, filed Jan. 30 by Chief Michael Reidy, recommended that Hurst be suspended for 30 days without pay. In an amended complaint filed Feb. 19, Reidy changed his recommendation to ask that Hurst be terminated if found guilty by the commission.
Potential witnesses against Hurst include DeWitt County State’s Attorney Richard Koritz, according to commission records. Koritz told city officials in February that he is concerned that Hurst’s alleged behavior may make him unsuitable as a witness in criminal cases.
The disciplinary action follows a 2003 action against Hurst for exposing himself at a local bar. He was given 15 days suspension without pay and reduced in rank from sergeant to patrolman.
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http://www.chicagotribune.com/news/chi-ap-il-patrolman-pornogr,0,4577444.story
Federal Judge Rules on Strip Search Case
Prisons cannot routinely strip search drunk drivers and other non-drug, non-violent arrestees without reason to think they are hiding contraband, a federal judge ruled in a potential class-action suit.
The ruling in Pennsylvania follows those in nine other federal circuits, although the 11th U.S. Circuit recently disagreed in a case involving a prison in Fulton County, Ga.
Senior U.S. District Judge Jan E. DuBois, though, rejected that court's reasoning and said in a 49-page opinion that plaintiffs strip searched at the Delaware County Prison can proceed with their suit against the Geo Group.
The Boca Raton, Fla.-based company, which operates dozens of prisons around the country, ran the nearly 1,900-bed Delaware County Prison until ending the contract last year.
Courts have typically noted the humiliation inherent in visual or bodily searches and rely on a 1979 U.S. Supreme Court case to balance the Fourth Amendment protection from search and seizure against a prison's need to maintain order.
Lead plaintiff Penny Allison was searched on each of 15 weekends she spent at the prison for a second drunken-driving offense, according to the suit, while plaintiff Zoran Hocevar was arrested and searched for missing a court date in a domestic dispute.
"Conducting strip searches on persons who are not arrested for offenses associated with contraband, have never been arrested on any such charges, and who are not carrying any contraband at the time of the arrest bears 'no ... discernible relationship to security needs,'" DuBois wrote, citing an earlier federal case.
More than a decade ago, a group of women protesting a pigeon shoot were arrested and strip-searched in the Schuylkill County jail. The led U.S. District Judge Franklin Van Antwerpen to write in 1993: "The feelings of humiliation and degradation associated with being forced to expose one's nude body to strangers for visual inspection is beyond dispute."
Civil rights lawyer David Rudovsky, who represents the plaintiffs, and lawyer Carolyn Short, representing the Geo Group, did not immediately return messages Tuesday.
In the 1979 "Bell" case, the Supreme Court upheld blanket strip searches following contact visits but said that inmates nonetheless maintain some Fourth Amendment rights.
Numerous class-action suits have followed, including a case in Camden, N.J., that was settled in 2007 for $7.5 million.
The Geo Group, previously known as Wackenhut Corrections Corp., relied in part on the Fulton County ruling in asking DuBois to dismiss the case. The judge issued his ruling March 25.
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http://www.ldnews.com/news/ci_12038222
The ruling in Pennsylvania follows those in nine other federal circuits, although the 11th U.S. Circuit recently disagreed in a case involving a prison in Fulton County, Ga.
Senior U.S. District Judge Jan E. DuBois, though, rejected that court's reasoning and said in a 49-page opinion that plaintiffs strip searched at the Delaware County Prison can proceed with their suit against the Geo Group.
The Boca Raton, Fla.-based company, which operates dozens of prisons around the country, ran the nearly 1,900-bed Delaware County Prison until ending the contract last year.
Courts have typically noted the humiliation inherent in visual or bodily searches and rely on a 1979 U.S. Supreme Court case to balance the Fourth Amendment protection from search and seizure against a prison's need to maintain order.
Lead plaintiff Penny Allison was searched on each of 15 weekends she spent at the prison for a second drunken-driving offense, according to the suit, while plaintiff Zoran Hocevar was arrested and searched for missing a court date in a domestic dispute.
"Conducting strip searches on persons who are not arrested for offenses associated with contraband, have never been arrested on any such charges, and who are not carrying any contraband at the time of the arrest bears 'no ... discernible relationship to security needs,'" DuBois wrote, citing an earlier federal case.
More than a decade ago, a group of women protesting a pigeon shoot were arrested and strip-searched in the Schuylkill County jail. The led U.S. District Judge Franklin Van Antwerpen to write in 1993: "The feelings of humiliation and degradation associated with being forced to expose one's nude body to strangers for visual inspection is beyond dispute."
Civil rights lawyer David Rudovsky, who represents the plaintiffs, and lawyer Carolyn Short, representing the Geo Group, did not immediately return messages Tuesday.
In the 1979 "Bell" case, the Supreme Court upheld blanket strip searches following contact visits but said that inmates nonetheless maintain some Fourth Amendment rights.
Numerous class-action suits have followed, including a case in Camden, N.J., that was settled in 2007 for $7.5 million.
The Geo Group, previously known as Wackenhut Corrections Corp., relied in part on the Fulton County ruling in asking DuBois to dismiss the case. The judge issued his ruling March 25.
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http://www.ldnews.com/news/ci_12038222
Sgt. Jeffrey Garcia Arrested for Child Rape
An Alexander police officer has been arrested on rape charges.
Sergeant Jeffrey Garcia was taken into custody on Monday by the Benton Police Department.
His arrest followed an investigation in which three children claimed to have been sexually assaulted by him while in the city of Benton.
Saline County Chief Deputy Prosecutor Rebecca Bush made the decision to have Garcia arrrested.
The Benton Police Department's Criminal Investigations Division is continuing the investigation and is not releasing any further information.
As a sergeant for the Alexander police department, people who live there say Jeffrey Garcia is someone they've counted on.
"Garcia's always the one you know, you call up if you need help, Garcia always the one showing up," Maria Beard of Alexander said.
Maria Beard is one of many in the small town of Alexander, shocked to learned garcia is now charged with rape.
"I never suspected anything. I always thought he was a nice guy,” Beard said.
"It was a shock, I never thought he would do something like that, he was a good guy. I don't know what happened, but it's wrong. If he did it, he's wrong for doing it," James Freeman of Alexander said.
The investigation started in Benton Monday morning, when three children claimed Garcia sexually assaulted them.
The Benton police department arrested him the same day.
"He was arrested and charged with rape. He was transported to the Saline County Jail and booked into jail," Lt. Mike Treasitti with the Benton Police Department said.
Benton police are not releasing the ages of the children accusing Garcia, but they do say they're both boys and girls.
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http://arkansasmatters.com/content/fulltext/news?cid=206731
Sergeant Jeffrey Garcia was taken into custody on Monday by the Benton Police Department.
His arrest followed an investigation in which three children claimed to have been sexually assaulted by him while in the city of Benton.
Saline County Chief Deputy Prosecutor Rebecca Bush made the decision to have Garcia arrrested.
The Benton Police Department's Criminal Investigations Division is continuing the investigation and is not releasing any further information.
As a sergeant for the Alexander police department, people who live there say Jeffrey Garcia is someone they've counted on.
"Garcia's always the one you know, you call up if you need help, Garcia always the one showing up," Maria Beard of Alexander said.
Maria Beard is one of many in the small town of Alexander, shocked to learned garcia is now charged with rape.
"I never suspected anything. I always thought he was a nice guy,” Beard said.
"It was a shock, I never thought he would do something like that, he was a good guy. I don't know what happened, but it's wrong. If he did it, he's wrong for doing it," James Freeman of Alexander said.
The investigation started in Benton Monday morning, when three children claimed Garcia sexually assaulted them.
The Benton police department arrested him the same day.
"He was arrested and charged with rape. He was transported to the Saline County Jail and booked into jail," Lt. Mike Treasitti with the Benton Police Department said.
Benton police are not releasing the ages of the children accusing Garcia, but they do say they're both boys and girls.
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http://arkansasmatters.com/content/fulltext/news?cid=206731
Monday, March 30, 2009
911 Operator William West Admitts to Molesting Child
SEMINOLE COUNTY, Fla.
A 911 operator was fired Monday from the sheriff's office in Seminole County and arrested for a sex crime. The operator is charged with lewd and lascivious behavior with a young girl and apparently the girl is not a random victim; it is someone he knew.
Over the years, deputies said 39-year-old William West has probably taken several calls about kids being abused. Now he's admitted to molesting a child.
For the past 9 years, West has been on the other end of the line when frantic victims called 911 for help, but Seminole County deputies said he also had a very dark secret; he was abusing a child.
"Unfortunately, it appears he was sexually molesting, inappropriate touching, making inappropriate comments for the last few years, so that's very concerning to us," said Lt. James Clark of the Seminole County Sheriff's Office.
Deputies said West admitted to molesting the girl, who he is familiar with. The victim, now in her teens, came forward and said West has been touching her for the past five years.
"We don't believe he was perpetrating these acts on other victims, these are isolated acts," said Clark.
The sheriff's office said West was once a supervisor in the 911 center, but was demoted because he wasn't showing up for work. He had also been disciplined for inappropriately using a computer. Deputies said he brought a CD full of games and tried to play them in the office.
Residents in West's neighborhood said they are shocked.
"It's sad, of course, it's sad. It's surprise me too," said Sam Filippelli, neighbor.
West is being held in the Seminole County jail on a $10,000 bond. If he does post bond, deputies say he is prohibited from having any contact with children.
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http://www.myfoxorlando.com/dpp/news/033009sheriff_office_employee_arrested
A 911 operator was fired Monday from the sheriff's office in Seminole County and arrested for a sex crime. The operator is charged with lewd and lascivious behavior with a young girl and apparently the girl is not a random victim; it is someone he knew.
Over the years, deputies said 39-year-old William West has probably taken several calls about kids being abused. Now he's admitted to molesting a child.
For the past 9 years, West has been on the other end of the line when frantic victims called 911 for help, but Seminole County deputies said he also had a very dark secret; he was abusing a child.
"Unfortunately, it appears he was sexually molesting, inappropriate touching, making inappropriate comments for the last few years, so that's very concerning to us," said Lt. James Clark of the Seminole County Sheriff's Office.
Deputies said West admitted to molesting the girl, who he is familiar with. The victim, now in her teens, came forward and said West has been touching her for the past five years.
"We don't believe he was perpetrating these acts on other victims, these are isolated acts," said Clark.
The sheriff's office said West was once a supervisor in the 911 center, but was demoted because he wasn't showing up for work. He had also been disciplined for inappropriately using a computer. Deputies said he brought a CD full of games and tried to play them in the office.
Residents in West's neighborhood said they are shocked.
"It's sad, of course, it's sad. It's surprise me too," said Sam Filippelli, neighbor.
West is being held in the Seminole County jail on a $10,000 bond. If he does post bond, deputies say he is prohibited from having any contact with children.
________________
http://www.myfoxorlando.com/dpp/news/033009sheriff_office_employee_arrested
Three Windsor Officers on Trial for Beating Man in Handcuffs
Three Windsor police officers — one of them the son of the chief of police — Tasered a man two years ago and beat him while he was in handcuffs, a complainant alleged Monday at the start of a Police Services Act hearing.
Constables David Tennent, Ken Price and Tony Smith each face one count of using excessive force and one count of discreditable conduct.
Tony Smith is the son of Chief Gary Smith. All three officers are members of the Windsor police tactical team, the Emergency Services Unit.
The complainant, Leke Vushaj, was born in Albania and testified through an interpreter.
“They grabbed me by the arms and put me in a chair and started beating me,” Vushaj testified. “They were punching me in the face. They were hitting me all over. They grabbed me by the hair and were punching me.”
The incident took place around 4:20 p.m. Feb. 13, 2007. Vushaj alleged that several masked police officers broke open the door to his apartment in the 1100 block of Lillian Avenue. He said the officers burst into his bedroom pointing guns and flashlights at him, ordering him to lay down.
Vushaj said he complied and was handcuffed, but the officers then brought him to the kitchen and repeatedly struck him with their fists, knees and feet. Vushaj said he was also tasered, lost consciousness, and was woken with water for the beating to continue.
He alleged that the beating went on for an hour or more. He said his face was covered in blood, and that officers wiped the blood off, but continued to strike him.
Under examination by defence lawyer Andrew Bradie, Vushaj said he was eventually brought to downtown police headquarters, then taken to hospital by ambulance. He said a doctor told him his nose was dislocated, and he was given pills for the pain. No X-rays were taken.
A member of the Windsor police drug unit testified that officers went to Vushaj’s residence because they had received information there were illegal drugs and a firearm there.
A 9-millimetre semi-automatic handgun was found between the mattresses in Vushaj’s bedroom. The drug unit officer also testified that a digital scale was found in the kitchen.
Vushaj has a pending court date on a firearm possession charge.
While questioning Vushaj, Bradie suggested that Vushaj was simply trying to win himself a better deal by filing a complaint against police. Vushaj denied this.
Under examination, Vushaj maintained that he did not know who owned the gun, and questioned why he was being grilled on a firearm charge when the hearing revolved around officers’ conduct.
Bradie also noted that Vushaj did not file the complaint until the case had reached the disclosure stage in court — 31⁄2 months after the alleged beating took place.
Vushaj said he felt the need to complain after reading “things that were untrue” in the disclosure documents. But he also testified that he would’ve made the complaint anyway.
The adjudicator, Toronto Police Services Supt. Jane Wilcox, heard through testimony that Vushaj had two other run-ins with Windsor police after the raid, including an incident on July 7, 2007, when he was arrested in front of a downtown nightclub.
Vushaj had been drinking alcohol — a breach of his bail conditions. Vushaj said the arresting officer was Smith. Vushaj alleged that Smith smiled at him and asked him if he recognized him.
Through further questioning by Bradie, the hearing was told that Vushaj has previously pleaded guilty to a drug charge. Vushaj refused to elaborate on the nature of the drug charge.
Constables David Tennent, Ken Price and Tony Smith each face one count of using excessive force and one count of discreditable conduct.
Tony Smith is the son of Chief Gary Smith. All three officers are members of the Windsor police tactical team, the Emergency Services Unit.
The complainant, Leke Vushaj, was born in Albania and testified through an interpreter.
“They grabbed me by the arms and put me in a chair and started beating me,” Vushaj testified. “They were punching me in the face. They were hitting me all over. They grabbed me by the hair and were punching me.”
The incident took place around 4:20 p.m. Feb. 13, 2007. Vushaj alleged that several masked police officers broke open the door to his apartment in the 1100 block of Lillian Avenue. He said the officers burst into his bedroom pointing guns and flashlights at him, ordering him to lay down.
Vushaj said he complied and was handcuffed, but the officers then brought him to the kitchen and repeatedly struck him with their fists, knees and feet. Vushaj said he was also tasered, lost consciousness, and was woken with water for the beating to continue.
He alleged that the beating went on for an hour or more. He said his face was covered in blood, and that officers wiped the blood off, but continued to strike him.
Under examination by defence lawyer Andrew Bradie, Vushaj said he was eventually brought to downtown police headquarters, then taken to hospital by ambulance. He said a doctor told him his nose was dislocated, and he was given pills for the pain. No X-rays were taken.
A member of the Windsor police drug unit testified that officers went to Vushaj’s residence because they had received information there were illegal drugs and a firearm there.
A 9-millimetre semi-automatic handgun was found between the mattresses in Vushaj’s bedroom. The drug unit officer also testified that a digital scale was found in the kitchen.
Vushaj has a pending court date on a firearm possession charge.
While questioning Vushaj, Bradie suggested that Vushaj was simply trying to win himself a better deal by filing a complaint against police. Vushaj denied this.
Under examination, Vushaj maintained that he did not know who owned the gun, and questioned why he was being grilled on a firearm charge when the hearing revolved around officers’ conduct.
Bradie also noted that Vushaj did not file the complaint until the case had reached the disclosure stage in court — 31⁄2 months after the alleged beating took place.
Vushaj said he felt the need to complain after reading “things that were untrue” in the disclosure documents. But he also testified that he would’ve made the complaint anyway.
The adjudicator, Toronto Police Services Supt. Jane Wilcox, heard through testimony that Vushaj had two other run-ins with Windsor police after the raid, including an incident on July 7, 2007, when he was arrested in front of a downtown nightclub.
Vushaj had been drinking alcohol — a breach of his bail conditions. Vushaj said the arresting officer was Smith. Vushaj alleged that Smith smiled at him and asked him if he recognized him.
Through further questioning by Bradie, the hearing was told that Vushaj has previously pleaded guilty to a drug charge. Vushaj refused to elaborate on the nature of the drug charge.
Officer Todd Kidwell Accused of Punching His Ex-Boyfriend
A Denton police officer accused of punching his ex-boyfriend in the face was arrested early Saturday, a Denton County Sheriff's Department spokesman said.
Todd Kidwell, 39, apparently got into an argument with the man in the parking lot of a restaurant in the 1000 block of U.S. Highway 380.
A passing motorist saw the men fighting and flagged down a deputy, the Dallas morning news reported.
The officer was taken to the Denton County jail and charged with assault. He was released at about 4 p.m. Saturday after posting a $2,500 bond.
The Denton County Sheriff's Department is investigating the incident as The Denton Police Department conducts its own internal investigation.
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http://www.dallasvoice.com/instant-tea/2009/03/30/denton-cop-accused-of-assaulting-boyfriend/
Officer James Parker III Charged with Aggravated Child Abuse
AVON PARK
Avon Park police officer James Hilton Parker III remained in Highlands County Jail in lieu of $250,000 bond Monday, after being charged Sunday with aggravated child abuse of the 20-month-old baby girl of his live-in girlfriend.
The child, who had multiple bruises over her body and an apparent fractured skull, was on life support Monday at All Children's Hospital in St. Petersburg, according to the sheriff's office. She remained in "very very critical condition," according to Sheriff's Capt. Randy LaBelle.
Parker, 32, of Sebring, was arrested at 1:18 p.m. Sunday at his home, hours after he and the child's mother brought the girl in at 12:45 that morning to Highlands Regional Medical Center in Sebring.
Parker reportedly called the child's mother between 12:15 and 12:30 a.m. Sunday to tell her the girl was "not acting right."
Authorities learned of the incident after getting a call around 1:25 a.m. Sunday from hospital personnel, according to the sheriff's arrest report.
While at the hospital, detectives learned that Parker was taking care of the girl while the mother was at work, according to the Highlands County Sheriff's Office.
Sheriff's Sgt. Darin Hood said Parker did not have "a plausible explanation that was consistent with the injuries of the child."
Hood was not at liberty to say what explanation Parker offered the detectives.
The mother, who reportedly works as a nurse, began her shift at about 6:30 p.m. Saturday, and Parker was at their home watching several children, the report stated.
When the mom walked into the home, she reportedly told investigators she saw her daughter lying in Parker's arms as he sat in a recliner in the living room, the affidavit added.
She saw the child "had a bad color, was limp and was breathing shallow" and immediately grabbed the girl and had Parker drive them to HRMC, the report stated.
Doctors told detectives the child suffered multiple skull fractures, according to a sheriff's news release.
A helicopter could not take the child to a trauma center due to inclement weather, so All Children's Hospital sent a staffed mobile pediatric unit to Sebring to transport the child to the hospital around 6:40 a.m. Sunday.
The child was listed in very critical condition Sunday evening after undergoing surgery, the sheriff's report stated.
According to doctors, the use of extremely high force on the girl's head caused the severe injury to the skull, the report stated.
Aggravated child abuse is a first-degree felony.
Parker has been with the Avon Park Police department since 2006 and worked for the department for about 20 months between 2002 and 2004.
He has been placed on administrative leave without pay, pending further investigation, according to Avon Park City Manager Sarah Adelt.
"I think it's an opportunity for the community to see we all live under the same rules and everyone will be treated equally," Adelt said.
The recent death of Sgt. Marc Wilbur, along with Parker's arrest and the November arrests of officers Alberto Perez and Adam Willis, leaves the department short staffed by at least four officers.
Police Chief Matthew Doughney said Monday he did not wish to discuss his department's staffing issues.
As far as the three recent arrests tarnishing his department's image, Doughney said it's been difficult, with him having been there only 10 months.
"It's hurtful to the men and women who work here when other officers are arrested while they are working hard to make a difference in the community," he said. "My concern right now is for the child."
The case continues to be investigated jointly by the Highlands County Sheriff's Office Criminal Investigations Unit and the Special Victims Unit along with the state Department of Children & Families.
Parker also was involved in a 2008 New Year's Eve ruckus case involving Pete and Sue Diaz. A jury recently cleared the Diazes of battery charges against Parker.
Parker was also arrested in June 26, 2004 on a misdemeanor domestic violence charge involving his former wife. He entered into a diversion program and the States Attorney's Office eventually deferred prosecution.
Parker, then 27, was reinstated in late July 2004 after completing a two-day suspension without pay, according to former Police Chief Frank Mercurio in a previous report.
When Parker attended his arraignment on July 19, 2004, his ex wife withdrew charges, Mercurio said.
A deferred prosecution agreement was signed in lieu of Parker attending an anger management program for 12 weeks. All criminal charges were dismissed after he successfully completed the class.
Parker was initially held Sunday without bond. Monday afternoon, bond was set at $250,000, along with conditions that include:
That Parker not have contact with the victim or the victim's mother nor come within 300 yards of victim's residence without having this order lifted by the judge.
Parker was not to harass, touch, strike or threaten to touch or strike the victim against her will.
He was to check in with Pre-Trial Release by landline or in person twice a week.
He could not leave the county without the court's written approval.
He had to turn in all weapons.
Parker's next court appearance is scheduled for April 27.
Avon Park police officer James Hilton Parker III remained in Highlands County Jail in lieu of $250,000 bond Monday, after being charged Sunday with aggravated child abuse of the 20-month-old baby girl of his live-in girlfriend.
The child, who had multiple bruises over her body and an apparent fractured skull, was on life support Monday at All Children's Hospital in St. Petersburg, according to the sheriff's office. She remained in "very very critical condition," according to Sheriff's Capt. Randy LaBelle.
Parker, 32, of Sebring, was arrested at 1:18 p.m. Sunday at his home, hours after he and the child's mother brought the girl in at 12:45 that morning to Highlands Regional Medical Center in Sebring.
Parker reportedly called the child's mother between 12:15 and 12:30 a.m. Sunday to tell her the girl was "not acting right."
Authorities learned of the incident after getting a call around 1:25 a.m. Sunday from hospital personnel, according to the sheriff's arrest report.
While at the hospital, detectives learned that Parker was taking care of the girl while the mother was at work, according to the Highlands County Sheriff's Office.
Sheriff's Sgt. Darin Hood said Parker did not have "a plausible explanation that was consistent with the injuries of the child."
Hood was not at liberty to say what explanation Parker offered the detectives.
The mother, who reportedly works as a nurse, began her shift at about 6:30 p.m. Saturday, and Parker was at their home watching several children, the report stated.
When the mom walked into the home, she reportedly told investigators she saw her daughter lying in Parker's arms as he sat in a recliner in the living room, the affidavit added.
She saw the child "had a bad color, was limp and was breathing shallow" and immediately grabbed the girl and had Parker drive them to HRMC, the report stated.
Doctors told detectives the child suffered multiple skull fractures, according to a sheriff's news release.
A helicopter could not take the child to a trauma center due to inclement weather, so All Children's Hospital sent a staffed mobile pediatric unit to Sebring to transport the child to the hospital around 6:40 a.m. Sunday.
The child was listed in very critical condition Sunday evening after undergoing surgery, the sheriff's report stated.
According to doctors, the use of extremely high force on the girl's head caused the severe injury to the skull, the report stated.
Aggravated child abuse is a first-degree felony.
Parker has been with the Avon Park Police department since 2006 and worked for the department for about 20 months between 2002 and 2004.
He has been placed on administrative leave without pay, pending further investigation, according to Avon Park City Manager Sarah Adelt.
"I think it's an opportunity for the community to see we all live under the same rules and everyone will be treated equally," Adelt said.
The recent death of Sgt. Marc Wilbur, along with Parker's arrest and the November arrests of officers Alberto Perez and Adam Willis, leaves the department short staffed by at least four officers.
Police Chief Matthew Doughney said Monday he did not wish to discuss his department's staffing issues.
As far as the three recent arrests tarnishing his department's image, Doughney said it's been difficult, with him having been there only 10 months.
"It's hurtful to the men and women who work here when other officers are arrested while they are working hard to make a difference in the community," he said. "My concern right now is for the child."
The case continues to be investigated jointly by the Highlands County Sheriff's Office Criminal Investigations Unit and the Special Victims Unit along with the state Department of Children & Families.
Parker also was involved in a 2008 New Year's Eve ruckus case involving Pete and Sue Diaz. A jury recently cleared the Diazes of battery charges against Parker.
Parker was also arrested in June 26, 2004 on a misdemeanor domestic violence charge involving his former wife. He entered into a diversion program and the States Attorney's Office eventually deferred prosecution.
Parker, then 27, was reinstated in late July 2004 after completing a two-day suspension without pay, according to former Police Chief Frank Mercurio in a previous report.
When Parker attended his arraignment on July 19, 2004, his ex wife withdrew charges, Mercurio said.
A deferred prosecution agreement was signed in lieu of Parker attending an anger management program for 12 weeks. All criminal charges were dismissed after he successfully completed the class.
Parker was initially held Sunday without bond. Monday afternoon, bond was set at $250,000, along with conditions that include:
That Parker not have contact with the victim or the victim's mother nor come within 300 yards of victim's residence without having this order lifted by the judge.
Parker was not to harass, touch, strike or threaten to touch or strike the victim against her will.
He was to check in with Pre-Trial Release by landline or in person twice a week.
He could not leave the county without the court's written approval.
He had to turn in all weapons.
Parker's next court appearance is scheduled for April 27.
Sunday, March 29, 2009
Officer David Rodriguez Accused of Slamming 10-year-old Against His Cruiser
DAVIE
A rookie police officer accused of slamming a 10-year-old boy against his cruiser for skateboarding in the street has received a two-day suspension and been ordered to attend anger management classes.
"He threw him like he was a rag doll," said the boy's father, Joseph Smith, who witnessed the April 6, 2008, incident and filed a complaint the next day.
Smith says his son was left with a cut on his knee, a bruise on his chest and a fear of police.
Officer David Rodriguez, 25, declined to comment through his lawyer. But in December he told internal affairs investigator Sgt. Kelly Drum the boy never made contact with his patrol car, according to newly released records.
The Sun Sentinel is not naming the boy because of his age.
After interviewing witnesses, Drum said Rodriguez was guilty of "improper use of force" and failing to file a "use of force" police report. Drum closed his investigation on Jan. 9.
John Fry, the officer's attorney, chalked it up to a miscommunication between Rodriguez and the boy's father.
"He doesn't feel he did anything wrong," Fry said of Rodriguez, who was hired in October 2006 and earns $56,326 a year. "He pulled a kid out of the street. There were different takes on what took place."
Rodriguez was facing a battery charge, but Broward prosecutors closed the case on Nov. 17 after both parties agreed to mediation and the boy's father decided not to press charges.
Smith, 45, said he didn't want to put his son through more trauma.
According to Drum's report, the boy was skateboarding in front of his home when the officer pulled up and told him to ride in the cul de sac.
The boy told Rodriguez his father wanted him to ride near the house where he could watch him. At that point, according to the boy and his father, who was watching from inside the house, Rodriguez jumped out of his cruiser, grabbed the boy by one arm and slammed his chest against the car.
Smith said he immediately dashed outside to defend his 65-pound son, who had burst into tears.
"The cop told me, 'I'm the authority and no one tells me no,'" Smith said last week outside his Orange Park home. Smith said his son's feet were dangling in the air while Rodriguez had him pinned against the car.
Neighbor Michael Santo JimRusti, now 15, said he saw the same thing. "The cop slammed him like the kid was an adult," said JimRusti. "The cop had his arm pinned behind him."
Rodriguez told a different story.
"I put my arm on his shoulder," Rodriguez said. He said the boy told him not to touch him and pushed the officer's hand away. "So I grabbed him by the shoulder and turned him and we start walking towards my car ... and that's when, as I turned around, I saw his father coming towards me."
Rodriguez called for backup and told the boy to sit on the ground. Several officers arrived, then left after they heard what happened, Smith said.
Mitzi Clark, Smith's neighbor, described the boy as a polite child who listens to his father.
Councilman Bryan Caletka worried about the long-term impact, saying, "The kid's not going to like cops now."
Smith's son said he's not afraid of all police officers, just some. During the mediation, the officer apologized to Smith and his son, Fry said.
"He told them, 'I'm sorry if you feel this way. ... I was looking to look out for your son,'" Fry said.
But in Smith's eyes, Rodriguez never gave a true apology.
"He said he was sorry I took it that way. He never apologized," Smith said. "He knew he was wrong. You don't do that to a kid."
A rookie police officer accused of slamming a 10-year-old boy against his cruiser for skateboarding in the street has received a two-day suspension and been ordered to attend anger management classes.
"He threw him like he was a rag doll," said the boy's father, Joseph Smith, who witnessed the April 6, 2008, incident and filed a complaint the next day.
Smith says his son was left with a cut on his knee, a bruise on his chest and a fear of police.
Officer David Rodriguez, 25, declined to comment through his lawyer. But in December he told internal affairs investigator Sgt. Kelly Drum the boy never made contact with his patrol car, according to newly released records.
The Sun Sentinel is not naming the boy because of his age.
After interviewing witnesses, Drum said Rodriguez was guilty of "improper use of force" and failing to file a "use of force" police report. Drum closed his investigation on Jan. 9.
John Fry, the officer's attorney, chalked it up to a miscommunication between Rodriguez and the boy's father.
"He doesn't feel he did anything wrong," Fry said of Rodriguez, who was hired in October 2006 and earns $56,326 a year. "He pulled a kid out of the street. There were different takes on what took place."
Rodriguez was facing a battery charge, but Broward prosecutors closed the case on Nov. 17 after both parties agreed to mediation and the boy's father decided not to press charges.
Smith, 45, said he didn't want to put his son through more trauma.
According to Drum's report, the boy was skateboarding in front of his home when the officer pulled up and told him to ride in the cul de sac.
The boy told Rodriguez his father wanted him to ride near the house where he could watch him. At that point, according to the boy and his father, who was watching from inside the house, Rodriguez jumped out of his cruiser, grabbed the boy by one arm and slammed his chest against the car.
Smith said he immediately dashed outside to defend his 65-pound son, who had burst into tears.
"The cop told me, 'I'm the authority and no one tells me no,'" Smith said last week outside his Orange Park home. Smith said his son's feet were dangling in the air while Rodriguez had him pinned against the car.
Neighbor Michael Santo JimRusti, now 15, said he saw the same thing. "The cop slammed him like the kid was an adult," said JimRusti. "The cop had his arm pinned behind him."
Rodriguez told a different story.
"I put my arm on his shoulder," Rodriguez said. He said the boy told him not to touch him and pushed the officer's hand away. "So I grabbed him by the shoulder and turned him and we start walking towards my car ... and that's when, as I turned around, I saw his father coming towards me."
Rodriguez called for backup and told the boy to sit on the ground. Several officers arrived, then left after they heard what happened, Smith said.
Mitzi Clark, Smith's neighbor, described the boy as a polite child who listens to his father.
Councilman Bryan Caletka worried about the long-term impact, saying, "The kid's not going to like cops now."
Smith's son said he's not afraid of all police officers, just some. During the mediation, the officer apologized to Smith and his son, Fry said.
"He told them, 'I'm sorry if you feel this way. ... I was looking to look out for your son,'" Fry said.
But in Smith's eyes, Rodriguez never gave a true apology.
"He said he was sorry I took it that way. He never apologized," Smith said. "He knew he was wrong. You don't do that to a kid."
Sgt. Andrew Gallegos Could Face Charges in Woman's Death
The attorney for an Albuquerque police officer accused of driving over and killing a woman in the parking lot of a bar last year questions whether any crime was committed.
Prosecutors and the defense were both presenting testimony Monday morning in a hearing to determine whether there is probable cause for Sgt. Andrew Gallegos to stand trial for the death of 47-year-old Vera Haskell.
Officials contend that Gallegos was at Sidewinders bar on east Central Avenue in April of last year.
They say security video of the bar’s parking lot show Gallegos getting into his pickup truck and backing over the prone body of Haskell twice.
Investigators say the video shows Haskell’s body being dragged beneath the truck’s right front tire. She died of multiple internal injuries and almost all of her ribs were fractured.
Gallegos’ defense says investigators never positively identified the person driving the truck and that Haskell’s blood-alcohol level was nearly fatal.
“Is there a reason to believe that a crime was actually committed?” asked attorney Sam Bregman. “This person didn’t get hit by a car and go down. This person was at 0.436, highly intoxicated, lying underneath the truck.”
Gallegos has never been formally charged and wasn’t arrested until last December – eight months after the death.
Gallegos has said that he was at a party the night Haskell was killed and blacked out.
The probable cause hearing is expected to continue through Tuesday.
______________
http://www.krqe.com/dpp/news/crime/Crime_krqe_albuquerque_apd_sgt_in_court_200903301300
Prosecutors and the defense were both presenting testimony Monday morning in a hearing to determine whether there is probable cause for Sgt. Andrew Gallegos to stand trial for the death of 47-year-old Vera Haskell.
Officials contend that Gallegos was at Sidewinders bar on east Central Avenue in April of last year.
They say security video of the bar’s parking lot show Gallegos getting into his pickup truck and backing over the prone body of Haskell twice.
Investigators say the video shows Haskell’s body being dragged beneath the truck’s right front tire. She died of multiple internal injuries and almost all of her ribs were fractured.
Gallegos’ defense says investigators never positively identified the person driving the truck and that Haskell’s blood-alcohol level was nearly fatal.
“Is there a reason to believe that a crime was actually committed?” asked attorney Sam Bregman. “This person didn’t get hit by a car and go down. This person was at 0.436, highly intoxicated, lying underneath the truck.”
Gallegos has never been formally charged and wasn’t arrested until last December – eight months after the death.
Gallegos has said that he was at a party the night Haskell was killed and blacked out.
The probable cause hearing is expected to continue through Tuesday.
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http://www.krqe.com/dpp/news/crime/Crime_krqe_albuquerque_apd_sgt_in_court_200903301300
Saturday, March 28, 2009
Marcus D Moore Dies After Being Tasered
The Winnebago County coroner says 40-year-old Marcus D. Moore from Freeport, has died from his injuries after being tasered by police.
Freeport Police say Moore was wanted for robbery. When they tracked him down Thursday night, they say he fought with authorities, causing them to use the stun gun.
Shortly after, Moore complained of being unable to breathe. He was taken to Rockford Memorial Hospital and was later pronounced dead.
Police think Moore was on drugs at the time of his arrest and that taser use was warranted. They won't say whether the responding offer will be reprimanded. An autopsy is scheduled for Monday.
Freeport Police say Moore was wanted for robbery. When they tracked him down Thursday night, they say he fought with authorities, causing them to use the stun gun.
Shortly after, Moore complained of being unable to breathe. He was taken to Rockford Memorial Hospital and was later pronounced dead.
Police think Moore was on drugs at the time of his arrest and that taser use was warranted. They won't say whether the responding offer will be reprimanded. An autopsy is scheduled for Monday.
Trooper Paul Vera Pleads No Contest to Pointing Weapon
A state trooper has pleaded "no contest" after he was accused of storming into an ex-girlfriend's house in Groton and threatening her boyfriend with a gun.
Paul Vera of Waterford was charged with second degree breach of peace and third degree criminal mischief, both misdemeanors.
A judge ordered Vera to attend 26 sessions of an anti-domestic violence program. If he doesn't complete the program, he could be sentenced to six months in prison. Vera is a 22-year veteran of state police.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/01/officer-paul-t-vera-charged-with.html
Paul Vera of Waterford was charged with second degree breach of peace and third degree criminal mischief, both misdemeanors.
A judge ordered Vera to attend 26 sessions of an anti-domestic violence program. If he doesn't complete the program, he could be sentenced to six months in prison. Vera is a 22-year veteran of state police.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/01/officer-paul-t-vera-charged-with.html
57 Felony Counts Filed Against Ex-Judge Herman Thomas
A special Mobile County grand jury today returned indictments on 57 felony counts against ex-circuit court judge Herman Thomas, including ethics violations, first-degree kidnapping, first-degree sex abuse, first-and-second-degree extortion and first-degree sodomy.
The indictments involve eight alleged victims Thomas supposedly extorted for sexual favors during his time as a judge. Thomas resigned from the circuit court just over two years ago amid an Alabama Judicial Inquiries Commission investigation into allegations he spanked inmates in a secret room in the courthouse and also surreptitiously removed cases from other judges’ dockets and had them placed on his own. Mobile County District Attorney John Tyson, Jr. delivered the indictments during a 2:30 press conference at the Mobile County Courthouse.
Named as victims in the indictments were Jhordis Woods, Necester Warmack, Douglas Hill, Akil Figures, Mitee Meardry, Thaddeus Hale, Deangelo Daughtry, Marcus Vaughn and Darrius Lane. Figures is the son of State Sen. Vivian Davis Figures. All men are either currently housed in the Mobile Metro Jail, or have spent time there. Normally Lagniappe would not name victims of alleged sexual abuse, but given the highly charged political nature of this case we believe it is unrealistic to expect they will stay secret and even unfair to Thomas.
The grand jury charged Thomas with sexually violating all of the men and with using his position to solicit sexual favors from them. In the case of some alleged victims like Woods, the grand jury also found that Thomas used Woods’ labor for his private benefit to materially affect his financial interest. Tyson would not elaborate on the specifics of what the charges meant, saying he was going to be extremely careful with information surrounding the case, and that he was unhappy with what he considered to be the dissemination of sensitive information. “I’m really disturbed about some of the leaks that I have been reading about in that regard. We’re going to find out as best we can from where all that came,” Tyson said.
Thomas was arrested outside of Mobile County Metro Jail just minutes before Tyson’s press conference. His attorney “Cowboy” Bob Clark was holding his own press conference when D.A.’s investigators walked up and arrested Thomas and took him into the jail to be booked. Prior to the arrest, Clark categorized the indictments as a, “high-tech lynching. It’s racism at its finest by the white folks at the courthouse.”
Tyson dismissed the charges of racism out of hand. All of Thomas’ alleged victims are black.
Prior to Tyson’s press conference, there was a brief moment of drama when Clark showed up and was told by one of Tyson’s investigators, Tony Goubil, that he couldn’t stay. Clark said Goubilwould have to arrest him if he wanted him to leave. Finally the Goubil told Clark he was under arrest. “One of your goons is going to arrest me,” Clark hollered as he was lead down the hallway to an awaiting Tyson. After a short meeting, Clark was allowed to return, although he sat quietly. Tyson later made certain to point out that Clark was not under arrest.
Thomas faced a bond of $287,500. He was bonded out of jail Friday afternoon.
If convicted, the former judge could face an extremely long stretch in jail, as the charges against him carry some pretty severe penalties.
“The grand jury leveled what I consider to be very serious charges. The most serious is a Class A felony. There are a number of Class Bs here and Class C felonies. The Class A is punishable by a range of 10 to 99 Bs 2 to 20, Cs 1 to 10. I would say anytime you return a felony indictment in the judicial profession you have a very serious set of circumstances,” Tyson said.
Tyson also said he does not think Thomas poses a flight risk, but his office did set three conditions upon his release. He is to have no contact with any males under the age of 21, he is to have no contact with any of the complaining victims or family members of the complaining witness and he must surrender his passport. When asked whether Thomas’ work with the Mobile County School System, specifically the Phoenix Program which deals with at-risk youth, is something that concerns his office as the investigation moves forward, Tyson pointed out the stipulation that Thomas not have contact with young men under 21. Most of his alleged victims were young inmates in their late teens or early 20s at the time they claim Thomas abused them.
Tyson said his office has been in contact with the Alabama State Bar and gave them a copy of the indictments. The bar has been in contact with Thomas in the past month. Thomas is still practicing as an attorney with the Brandyburg firm.
If Thomas is eventually convicted, Tyson said it will create a situation in which the cases he presided over will have to be examined to determine what, if any, problems there may have been related to his behavior.
“We’re going to have to take that on a case-by-case basis. I suspect we’ll get what we have been getting in that regard. I think there have been a number of inquiries, but we’ll have to do it on a case-by-case basis,” Tyson said.
Tyson also said he has been in touch with the state Supreme Court in order to begin the process of getting a judge to hear Thomas’ trial, as he expects all of the Mobile County Circuit Court judges to recuse themselves from the case.
“I don’t know if that has formally happened, but I expect it to,” he said.
He said he asked Chief Justice Sue Bell Cobb to appoint a judge for the case.
“Once we’ve done that I suspect we’ll have an arraignment and set a calendar,” Tyson said.
He does expect the trial to take place in Mobile County.
Tyson has faced some criticism in recent months for the length of time Thomas has gone without being indicted. The first allegations of his paddling of prisoners and changing of court dockets started coming to light almost three years ago and he resigned from the bench just over two years ago. A series of articles in this publication brought to light complaints that Tyson’s office had stopped investigating Thomas, and also highlighted the efforts of attorney Joe Kulakowski who has independently investigated Thomas over the past two years. Tyson said this investigation has been going on for a long time, but did say the special grand jury was empanelled just a few weeks ago during the trial of Lam Luong, the man who was recently convicted of throwing his four children off the Dauphin Island Bridge.
“We used the cover of the Lam Luong trial to ask for the jurors for this special grand jury,” Tyson said. He added that they have not released the grand jury and that it will continue to investigate the case.
Clark summarized the entire list of indictments with one word – “bullshit.”
“This ain’t even close enough for government work. It ain’t close enough for hand grenades,” he said.
He went on to say the indictments came strictly from racism from other judges and members of the local legal community. He specifically named Circuit Judge Rusty Johnston and Kulakowski .
“I would start with the sixth floor then wander up to the seventh floor in this building, that’s where it’s coming from,” Clark said from the atrium of Government Plaza after Tyson’s press conference. “You don’t read the newspaper? They talked about Herman being suspended from Judge Johnston’s courtroom, Joe Koolaid hanging out in Judge Johnston’s courtroom all the time. That’s where it’s coming from, people who’ve got 20 and 30 years for Herman. If you went over to that jail and said say something bad about that judge that sentenced you we’ll let you go, they’d talk.”
Clark also disparaged the fact that the alleged victims are all people who have criminal histories.
“What’s unusual is to take the word of convicted felons and mash it into a 58-count (the grand jury handed out a 57- count indictment) indictment,” Clark said.
Asked why Thomas resigned his position on the bench if all the charges against him were false, Clark said he would have had different advice for the ex-judge.
“I didn’t represent the judge. It’s all made up. I didn’t represent the judge back then. I would not have handled it the way it was handled,” Clark said.
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http://www.al.com/news/press-register/metro.ssf?/base/news/1238231726286670.xml&coll=3
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