The issue of torture and security keeps reemerging in the news, as we debate matters of national survival and our core values. The issue is often posed in the following way: What if a terrorist had information about an urgent threat to American lives and the only way to obtain that information would be to torture it out of him? The responses range from: No, even if we were under grave threat, torture would violate our principles and we should never do it; to, torture doesn’t work or produces unreliable information, so, we violate our principles and get nothing for it.
My own view is that principles and values are important. We should not torture because it is wrong and it violates the spirit of U.S. and International law. We know that in the real world, people violate principles all of the time. Does that mean we should have no principles? Does that mean we should develop less stringent ones? One of our most deeply held ethical principles is about the sanctity of human life. The commandment is: “Thou shall not kill”. It does not say: “don’t kill except in self defense”. The principle is don’t kill. Yet, we kill all of the time. Does that mean the principle should be watered down? One could argue that it has never been an absolute principle. Wars and capital punishment have long violated this principle. Nevertheless, its presence has influenced human behavior for thousands of years. It has not eliminated brutality but it has delegitimized it.
Since we can’t operate a civil order without killing people, we focus on the method of killing. When we remove someone from life, it should be done with a minimum of pain in the process. The eighth amendment of the United States constitution prohibits “cruel and unusual punishment”. Water boarding is a cruel punishment, although we have recently learned it is not as unusual as we thought. By holding accused terrorists as “enemy combatants”, they do not receive the protections of the American constitution. Alumni of the Bush Administration and its defenders argue that without torture, America would have been subjected to further terrorist attacks. It is a claim that logically cannot be proven or disproven, but is, of course, irrelevant.
The danger in eliminating the ban on torture as a method of investigation is that it erodes a critical principle. We know that the principle will be violated during times of duress, but if it is eliminated, torture will be legitimized and its day to day use will be increased. Is that the type of world that America wants to build? Are those the values that we have raised the world’s strongest military to defend? America's claim to moral leadership is fundamentally debased by the defense of torture.
It is a tough world out there and there are evil people who are out to do us harm. No one living in New York City or Washington D.C. on September 11, 2001 could ever deny that point. We need to be aggressive and vigilant in defending our families, property and ideals. But in the process of doing that we need to defend our way of life—and that includes our values and self image.
If America is subjected to another large scale terrorist attack, you can be certain that Dick Cheney and his pals will blame it on the “softer” approach to defense and interrogation advocated by President Obama. I believe this is a ridiculous argument. It is also a political argument and an effort to restore the post-Vietnam image of the Democrats as the party that is soft on defense. We do not need to use brutal tactics to reduce criminal behavior. Vigilance, intelligence, skill and strategic thinking are far more effective. Here in New York City nearly two decades of increasingly professionalized policing has taken place along side steady reductions in crime. While civilian complaints against police misconduct continue, and that misconduct continues, no one would argue that the increased safety of New Yorkers was accomplished through increased incidences of police brutality.
Brutality is not a cost free strategy. When police act within the law and behave with professionalism and dignity, it delegitimizes outlaw conduct. George L. Kelling and James Q. Wilson’s famous broken window theory states that if one window in an abandoned building is broken, soon the rest will be broken as well. Misconduct is contagious. The importance of order and rules of correct behavior should never be underestimated. I would argue that if the “window” is broken by the police, if our government tortures prisoners, the situation is worse. If the people who are responsible for enforcing our laws—and our principles—violate those laws and principles, it fosters disrespect for all principles and laws. Ultimately that makes us less safe. That is the case on the streets of New York City. When our police act within the law, they build respect for law. If police are corrupt and brutal, the fabric of public order becomes frayed. While the analogy is far from perfect, I think it works that way in the international arena as well.
While I find torture personally abhorrent, and I suspect it is not all that effective as an interrogation method; the central point is that torture is not the type of behavior we expect from civilized, law abiding nations. When we look for loopholes in the Geneva Conventions we undermine the rule of law. Torture is ineffective, illegal, and a violation or our principles. The arguments in favor of it are far weaker than the arguments against it. President Obama is correct in prohibiting torture, and we should applaud his efforts to end its practice.
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Other Information: http://andrewsullivan.theatlantic.com/the_daily_dish/2009/05/torture-the-smoking-gun.html
Tuesday, May 05, 2009
Officer Alberto Perez Arrested for the Third Time
Avon Park Police Officer Alberto Perez was arrested Tuesday for the third time, this time facing perjury charges.
This stems from his previous arrest because he "testified under oath in an official proceeding that he has never taken money in exchange for a citation being issued or an arrest being made," according to the warrant affidavit filed by Sgt. Jason Lister of the APPD.
The testimony was taken during an interview with APPD Internal Affairs on April 23.
Perez was arrested a week later, on April 30, when an investigation into charges that he accepted money in lieu of making an arrest was substantiated by three witnesses.
He was booked into the Highlands County Jail on Tuesday and released on $5,000 bond.
Perez was initally arrested on Dec. 2 for extortion for allegedly taking $200 from a man during a traffic stop instead of writing a ticket. The April 30 arrest was for one additional count of extortion and one count of official misconduct stemming from a traffic crash where Perez allegedly falsified a crash report and took $300 in lieu of arresting a man for having a suspended license.
Perez is currently on unpaid administrative leave from the department.
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http://www2.highlandstoday.com/content/2009/may/06/la-perez-arrested-again-this-time-for-perjury/
Officer Kaneshia O'Malley Charged with Domestic Violence
A Cincinnati police officer was arrested after a dispute with her estranged husband - also a Cincinnati officer - turned into a struggle that involved a Taser and an ironing board.
Kaneshia O'Malley, 26, was charged with domestic violence. Her police powers have been suspended, Cincinnati police said.
Her husband, Daniel O'Malley, called Golf Manor police Monday and said his wife broke into his home in the 6200 block of Hammel Avenue.
"She broke a window and entered the residence," said Golf Manor Lt. Chris Campbell. "He contacted us and wanted her removed."
Officers believe the two were arguing over their 1-year-old daughter.
Before they arrived, the two struggled and at one point, Kaneshia O'Malley hit her husband with an ironing board, Campbell said. Daniel O'Malley also deployed a Taser but it did not hit his wife.
He was not injured but she had cuts on her hand from breaking out the window.
During her arraignment Tuesday, a judge released Kaneshia O'Malley on home arrest and ordered her to say away from her husband and daughter. She is scheduled to return to court on Friday.
Although her powers have been suspended, she remains on duty, Cincinnati police said. An internal investigation will be conducted.
Kaneshia O'Malley was hired by the Cincinnati Police Department in 2003 and her husband was hired in 2001.
Kaneshia O'Malley, 26, was charged with domestic violence. Her police powers have been suspended, Cincinnati police said.
Her husband, Daniel O'Malley, called Golf Manor police Monday and said his wife broke into his home in the 6200 block of Hammel Avenue.
"She broke a window and entered the residence," said Golf Manor Lt. Chris Campbell. "He contacted us and wanted her removed."
Officers believe the two were arguing over their 1-year-old daughter.
Before they arrived, the two struggled and at one point, Kaneshia O'Malley hit her husband with an ironing board, Campbell said. Daniel O'Malley also deployed a Taser but it did not hit his wife.
He was not injured but she had cuts on her hand from breaking out the window.
During her arraignment Tuesday, a judge released Kaneshia O'Malley on home arrest and ordered her to say away from her husband and daughter. She is scheduled to return to court on Friday.
Although her powers have been suspended, she remains on duty, Cincinnati police said. An internal investigation will be conducted.
Kaneshia O'Malley was hired by the Cincinnati Police Department in 2003 and her husband was hired in 2001.
Two Atlanta Officers Arrested for Firing Weapon Near Lake Allatoona
Two Atlanta Police officers are on paid administrative leave after authorities say they scared their neighbors by firing guns early Monday morning.
Lt. Jay Baker with the Cherokee County Sheriff's Office tells WSB they began receiving multiple phone calls around 1 o'clock in the morning of numerous shots being fired near Lake Allatoona.
Deputies responded and determined that the gunshots were coming from a house in the Victoria Cottage Community on Cedar Drive.
"They apparently were on the back deck of their home, firing into the lake. Actually, there were some fishermen that were in the lake at that time. One of the deputies had gotten out and was walking the perimeter of the lake trying to locate the home, and one of the rounds struck in the water, near where he was standing," said Baker.
43-year-old Dan Rasmussen and 31-year-old Chad Armstrong, both Atlanta police officers, were charged with Reckless Conduct.
"Apparently, they had been drinking and alcohol and guns obviously do not mix very well. We were getting numerous calls. The people in that community did not know what was going on. Apparently, what we're thinking, at least 30 to 40 rounds were shot," said Baker.
22-year-old Robert Terza of Woodstock, was charged with Reckless Conduct. Rasmussen's wife, Toni, has been charged with obstruction.
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More information and pictures: http://www.wsbtv.com/news/19363695/detail.html
Hearing Delayed for Former Sheriff Joe Craig
OKLAHOMA CITY
An appeal hearing regarding the suspension of former Seminole County Sheriff Joe Craig's peace officer certification that was scheduled today has been continued.
Former Seminole County Sheriff Joe Craig is seen at a hearing in this March 3 photo by Jim Beckel.
Craig's attorney, Rob Pyron, said he's not sure when Craig's hearing with the Council on Law Enforcement Education and Training will be rescheduled. The hearing was set to determine whether Craig's certification was removed properly.
Craig's certification was suspended by the agency for one year in February after he pleaded guilty to two misdemeanor crimes including contributing to the delinquency of a minor. The suspension made him ineligible to serve as sheriff, prompting county commissioners to appoint Sheriff Shannon Smith on Feb. 23.
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Click here to read the complete article at NewsOK.com
An appeal hearing regarding the suspension of former Seminole County Sheriff Joe Craig's peace officer certification that was scheduled today has been continued.
Former Seminole County Sheriff Joe Craig is seen at a hearing in this March 3 photo by Jim Beckel.
Craig's attorney, Rob Pyron, said he's not sure when Craig's hearing with the Council on Law Enforcement Education and Training will be rescheduled. The hearing was set to determine whether Craig's certification was removed properly.
Craig's certification was suspended by the agency for one year in February after he pleaded guilty to two misdemeanor crimes including contributing to the delinquency of a minor. The suspension made him ineligible to serve as sheriff, prompting county commissioners to appoint Sheriff Shannon Smith on Feb. 23.
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Click here to read the complete article at NewsOK.com
Monday, May 04, 2009
Accused Officer Rob Mahoney Tells Different Story
A veteran Seattle police officer accused of sexually harassing an 18-year-old police Explorer and lying about it said Tuesday he thinks top-level commanders trumped up the case to retaliate for challenging them and defending female officers who had been discriminated against.
Rob Mahoney, 46, a defensive-tactics instructor at the department's training center, said that his accuser, Heather Newstrom, was flirtatious and liked to hang around after training classes to talk to officers. He didn't deny giving her a peck on the cheek after she kissed him on the cheek and hugged him goodbye while the two were in an office after class on April 7, 2008. But, he said, that's as far as it went before he got a phone call and left.
"The allegation that I kissed her on the mouth and put my tongue in her mouth is made up," Mahoney said during Tuesday's hearing before the Public Safety Civil Service Commission.
But Newstrom, now 19 and attending the United States Military Academy, testified last week that as she stood up to leave, Mahoney grabbed her and said, "Now can I have a real kiss?" She said she was shocked and she turned her head and backed away. He dropped to his chair, placed his head in his hands, and apologized, she testified. The department's Office of Professional Accountability deemed her the more credible witness. Mahoney was suspended for 30 days and transferred to a desk job in the 911 center.
He has appealed, arguing the department lacked proof of dishonesty and unfairly disciplined him. The Seattle Police Officers' Guild says it's one of three cases in which officers were fired or disciplined for dishonesty since a new "presumption of termination" policy enacted last year. The other two cases were overturned by a civilian arbitrator, raising questions about how the new standard is applied.
Chief Gil Kerlikowske said he wanted to fire Mahoney under the policy but didn't think he had enough proof to do so. A dishonesty charge on his record, however, still would likely ruin Mahoney's career because it could be used against him in court.
The three-member commission must decide whether to uphold the chief's findings of professional misconduct and dishonesty or rule in favor of the officer. While Mahoney has no record of sustained misconduct, court records show he was the focus of a domestic-violence investigation in 2006 that resulted in no charges.
Newstrom, a Holy Names graduate, said she was 15 when she joined the police Explorers, a mentorship program for teenagers interested in police work and community service. They have uniforms and meet regularly under a department adviser. She said she enjoyed police training and providing security at community events. She said she did give hugs, which other officers said seemed like behavior typical of a high school student.
She said she got to know Mahoney taking his classes and looked to him as a mentor. Their friendship started because they share an interest in philosophy. Mahoney first noticed her because she stuck out while reading Mary Wollstonecraft's "A Vindication of the Rights of Women" while at the training center, he testified.
Mahoney testified that he's thinks investigators believed her because he made enemies on the command staff. He alleged that the captain overseeing the sexual-harassment investigation, Tag Gleason, held a grudge against him over a training program that he and several officers tried to start 8 years ago. Gleason then headed the training unit.
Mahoney said he drew Kerlikowske's scorn because he wrote a use-of-force analysis in support of two officers who were disciplined for beating a man outside a Capitol Hill nightclub over a littering complaint. The officers had asked him to do so because of his expertise. The case was one of two high-profile misconduct cases that led to a public controversy in 2007 over police accountability.
He testified that he's also in hot water for sticking up for his current girlfriend, Officer Susanna Munro, who filed a discrimination complaint against the Police Department. She testified Tuesday that she was turned down for a job on the Narcotics Unit over rumors that she was having an extramarital affair with Mahoney while married to another officer. Sgt. Alvin Little, who denied her application, is the current adviser to the Explorer program. He testified to helping Newstrom file a complaint against Mahoney.
Mahoney said he was viewed with suspicion from the start of his career because he has an advanced degree. He testified that he thinks his case was treated differently from other officers who denied allegations.
"I have no faith whatsoever in the ability of the (Office of Professional Accountability) to conduct a fair hearing of an officer who is politically unpopular in the department or in the community," he said.
Mahoney joined the department in 1998 after working as a college professor. He has a doctorate in philosophy from the University of Edinburgh. A New York City native, he started studying martial arts while growing up in the Bronx because the streets were rough but he wasn't a "tough kid," he said.
Mahoney's attorney, Alex Higgins, said the case boiled down to a "tall tale" told by Newstrom. He pointed out that Mahoney had no history of sustained complaints on his record.
While Mahoney alleges department officials were searching for reasons to ruin his career, they didn't do so three years ago when Mahoney was accused of threatening to kill his ex-girlfriend and her fiance, which triggered a criminal investigation, according to court records.
SeattlePI.com obtained court records this week showing that Mahoney's ex-girlfriend, Siolo Thompson, filed for a court protection order against him in March 2006. Her then-fiance, Bart Keogh, a doctor at Harborview Medical Center, also said in a sworn statement that Mahoney made threats to kill him.
Both said Mahoney was jealous, verbally and physically abusive to Thompson, and had used his authority as a police officer to reach her at work. A judge declined to issue a permanent order, which would have required Mahoney to surrender his gun, but entered a less restrictive restraining order under a settlement between both sides, according to court records.
Mahoney and Thompson have a son together. After their separation in 2003, the court awarded custody to Mahoney with a visitation plan. In his statements from that case, Mahoney said Thompson, also a trained martial artist, was unstable and the one who threatened him, once warning that she would run away with their son to South America, where she is from, according to court documents.
Keogh also filed a complaint with Seattle police, which was investigated. King County prosecutors reviewed the allegations but didn't file charges in part because the woman later decided not to cooperate, saying she feared jeopardizing Mahoney's career, said Ian Goodhew, chief of staff in the Prosecutor's Office.
Prosecutors require proof the victim had a reasonable fear of the threat. Another issue arose with the fiance's call to police, in which he had at first phrased as a hypothetical "what-if" an officer had threatened to kill him, Goodhew said.
The Police Department also found no evidence of misconduct and the investigation was closed. No information from that case was presented during Mahoney's Civil Service Commission hearing.
"It was so baseless and far-fetched, even the City didn't bother to do anything with it," said Higgins, Mahoney's attorney, after Tuesday's hearing on the current case. "Unfortunately, with people in family situations, people are mad at each other and there are high emotions and the courts are brought in. But there was no basis for it and that was the conclusion of everyone who looked at it."
The prior case wasn't presented this week to the Civil Service Commission because no charges were filed, which raised questions of its relevance, Assistant City Attorney Paul Olsen said after Tuesday's hearing.
In her request for the protection order, Thompson said she started dating Mahoney in 1996 when she was 19 and taking a kickboxing class that he taught at the University of Portland. Mahoney was then an adjunct professor of philosophy at the school, according to court records.
Several Seattle police officers testified this week in support of Mahoney. Many described him as a top-notch training instructor and an "asset" to the department. Some of the same officers defended him in court against his ex-girlfriend's domestic-violence allegations three years ago.
Sgt. Rich O'Neill, president of the Seattle Police Officers Guild, criticized the investigation, saying the department failed to question other potential witnesses or follow up on possibly exonerating evidence. He said Mahoney got hardball questions, while Newstrom was tossed a few softballs. Typically, lying must be proved with evidence of intent, he said.
"When someone is bringing allegations this serious, that allegation should be tested," he said.
Mahoney said he's filed a claim with the city's Office of Civil Rights against the Police Department, alleging discrimination against him for defending his girlfriend.
Under questioning from Olsen, the city's attorney, Mahoney testified about a letter he sent in January to the state Department of Labor and Industries accusing Sgt. Little of defrauding the state workers compensation fund. It also accused Assistant Chief Nick Metz of covering up misconduct. The letter was sent after Mahoney was suspended, according to testimony.
Yet, Mahoney said he would like to return to his prior assignment and continue improving self-defense training for officers. The Civil Service Commission is expected to rule within 90 days.
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http://seattletimes.nwsource.com/html/localnews/2009180826_spdappeal06m.html
Rob Mahoney, 46, a defensive-tactics instructor at the department's training center, said that his accuser, Heather Newstrom, was flirtatious and liked to hang around after training classes to talk to officers. He didn't deny giving her a peck on the cheek after she kissed him on the cheek and hugged him goodbye while the two were in an office after class on April 7, 2008. But, he said, that's as far as it went before he got a phone call and left.
"The allegation that I kissed her on the mouth and put my tongue in her mouth is made up," Mahoney said during Tuesday's hearing before the Public Safety Civil Service Commission.
But Newstrom, now 19 and attending the United States Military Academy, testified last week that as she stood up to leave, Mahoney grabbed her and said, "Now can I have a real kiss?" She said she was shocked and she turned her head and backed away. He dropped to his chair, placed his head in his hands, and apologized, she testified. The department's Office of Professional Accountability deemed her the more credible witness. Mahoney was suspended for 30 days and transferred to a desk job in the 911 center.
He has appealed, arguing the department lacked proof of dishonesty and unfairly disciplined him. The Seattle Police Officers' Guild says it's one of three cases in which officers were fired or disciplined for dishonesty since a new "presumption of termination" policy enacted last year. The other two cases were overturned by a civilian arbitrator, raising questions about how the new standard is applied.
Chief Gil Kerlikowske said he wanted to fire Mahoney under the policy but didn't think he had enough proof to do so. A dishonesty charge on his record, however, still would likely ruin Mahoney's career because it could be used against him in court.
The three-member commission must decide whether to uphold the chief's findings of professional misconduct and dishonesty or rule in favor of the officer. While Mahoney has no record of sustained misconduct, court records show he was the focus of a domestic-violence investigation in 2006 that resulted in no charges.
Newstrom, a Holy Names graduate, said she was 15 when she joined the police Explorers, a mentorship program for teenagers interested in police work and community service. They have uniforms and meet regularly under a department adviser. She said she enjoyed police training and providing security at community events. She said she did give hugs, which other officers said seemed like behavior typical of a high school student.
She said she got to know Mahoney taking his classes and looked to him as a mentor. Their friendship started because they share an interest in philosophy. Mahoney first noticed her because she stuck out while reading Mary Wollstonecraft's "A Vindication of the Rights of Women" while at the training center, he testified.
Mahoney testified that he's thinks investigators believed her because he made enemies on the command staff. He alleged that the captain overseeing the sexual-harassment investigation, Tag Gleason, held a grudge against him over a training program that he and several officers tried to start 8 years ago. Gleason then headed the training unit.
Mahoney said he drew Kerlikowske's scorn because he wrote a use-of-force analysis in support of two officers who were disciplined for beating a man outside a Capitol Hill nightclub over a littering complaint. The officers had asked him to do so because of his expertise. The case was one of two high-profile misconduct cases that led to a public controversy in 2007 over police accountability.
He testified that he's also in hot water for sticking up for his current girlfriend, Officer Susanna Munro, who filed a discrimination complaint against the Police Department. She testified Tuesday that she was turned down for a job on the Narcotics Unit over rumors that she was having an extramarital affair with Mahoney while married to another officer. Sgt. Alvin Little, who denied her application, is the current adviser to the Explorer program. He testified to helping Newstrom file a complaint against Mahoney.
Mahoney said he was viewed with suspicion from the start of his career because he has an advanced degree. He testified that he thinks his case was treated differently from other officers who denied allegations.
"I have no faith whatsoever in the ability of the (Office of Professional Accountability) to conduct a fair hearing of an officer who is politically unpopular in the department or in the community," he said.
Mahoney joined the department in 1998 after working as a college professor. He has a doctorate in philosophy from the University of Edinburgh. A New York City native, he started studying martial arts while growing up in the Bronx because the streets were rough but he wasn't a "tough kid," he said.
Mahoney's attorney, Alex Higgins, said the case boiled down to a "tall tale" told by Newstrom. He pointed out that Mahoney had no history of sustained complaints on his record.
While Mahoney alleges department officials were searching for reasons to ruin his career, they didn't do so three years ago when Mahoney was accused of threatening to kill his ex-girlfriend and her fiance, which triggered a criminal investigation, according to court records.
SeattlePI.com obtained court records this week showing that Mahoney's ex-girlfriend, Siolo Thompson, filed for a court protection order against him in March 2006. Her then-fiance, Bart Keogh, a doctor at Harborview Medical Center, also said in a sworn statement that Mahoney made threats to kill him.
Both said Mahoney was jealous, verbally and physically abusive to Thompson, and had used his authority as a police officer to reach her at work. A judge declined to issue a permanent order, which would have required Mahoney to surrender his gun, but entered a less restrictive restraining order under a settlement between both sides, according to court records.
Mahoney and Thompson have a son together. After their separation in 2003, the court awarded custody to Mahoney with a visitation plan. In his statements from that case, Mahoney said Thompson, also a trained martial artist, was unstable and the one who threatened him, once warning that she would run away with their son to South America, where she is from, according to court documents.
Keogh also filed a complaint with Seattle police, which was investigated. King County prosecutors reviewed the allegations but didn't file charges in part because the woman later decided not to cooperate, saying she feared jeopardizing Mahoney's career, said Ian Goodhew, chief of staff in the Prosecutor's Office.
Prosecutors require proof the victim had a reasonable fear of the threat. Another issue arose with the fiance's call to police, in which he had at first phrased as a hypothetical "what-if" an officer had threatened to kill him, Goodhew said.
The Police Department also found no evidence of misconduct and the investigation was closed. No information from that case was presented during Mahoney's Civil Service Commission hearing.
"It was so baseless and far-fetched, even the City didn't bother to do anything with it," said Higgins, Mahoney's attorney, after Tuesday's hearing on the current case. "Unfortunately, with people in family situations, people are mad at each other and there are high emotions and the courts are brought in. But there was no basis for it and that was the conclusion of everyone who looked at it."
The prior case wasn't presented this week to the Civil Service Commission because no charges were filed, which raised questions of its relevance, Assistant City Attorney Paul Olsen said after Tuesday's hearing.
In her request for the protection order, Thompson said she started dating Mahoney in 1996 when she was 19 and taking a kickboxing class that he taught at the University of Portland. Mahoney was then an adjunct professor of philosophy at the school, according to court records.
Several Seattle police officers testified this week in support of Mahoney. Many described him as a top-notch training instructor and an "asset" to the department. Some of the same officers defended him in court against his ex-girlfriend's domestic-violence allegations three years ago.
Sgt. Rich O'Neill, president of the Seattle Police Officers Guild, criticized the investigation, saying the department failed to question other potential witnesses or follow up on possibly exonerating evidence. He said Mahoney got hardball questions, while Newstrom was tossed a few softballs. Typically, lying must be proved with evidence of intent, he said.
"When someone is bringing allegations this serious, that allegation should be tested," he said.
Mahoney said he's filed a claim with the city's Office of Civil Rights against the Police Department, alleging discrimination against him for defending his girlfriend.
Under questioning from Olsen, the city's attorney, Mahoney testified about a letter he sent in January to the state Department of Labor and Industries accusing Sgt. Little of defrauding the state workers compensation fund. It also accused Assistant Chief Nick Metz of covering up misconduct. The letter was sent after Mahoney was suspended, according to testimony.
Yet, Mahoney said he would like to return to his prior assignment and continue improving self-defense training for officers. The Civil Service Commission is expected to rule within 90 days.
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http://seattletimes.nwsource.com/html/localnews/2009180826_spdappeal06m.html
Correctional Officer Walter Schmidt Fired After Tasering Children
Prison officer Walter Schmidt wanted to give his colleagues' children a taste of what their moms and dads get up to at work while showing them around a Florida jail.
So to make the youngsters' experience all the more realistic as they toured Franklin Correctional Institution during the lock-up's 'Take our Daughters and Sons to Work Day', he decided to zap them with his 50,000-volt stun gun.
The jolt sent at least two of them sprawling to the floor, crying out in pain and clutching at agonising burns on their arms. One child ended up in hospital.
But 37-year-old Schmidt told officials who later fired him that he had only been trying to show the children - whose parents all work at the jail near Tallahassee - what a typical day involves while handling unruly inmates.
'It wasn't intended to be malicious, but educational,' he explained to the St Petersburg Times.
'The big shock came when I got fired.'
Sgt Schmidt, who had served as a jailer for 14 years and was in charge of the prison arsenal, claims that he had asked permission from the children's parents for the stunt. 'When they said "Sure" I went ahead and did it,' he shrugged.
Florida's Secretary of Corrections, Walter McNeil, has ordered an investigation into the incident.
The stun gun Schmidt used, known as an electronic immobilisation device, delivers a shock up to 450 times stronger than the current in a household electric socket.
It must be held directly on the victim's body to deliver a shock - unlike a Taser, which fires dart-like electrodes into the skin from a distance. The charge disrupts a person's nervous system, causing involuntary muscle contractions that leave them temporarily immobilised.
Duffie Harrison, the chief warden at Franklin Correctional Institution, told Schmidt in a letter that he had 'engaged in inappropriate conduct while demonstrating weapons to several kids during a special event at the institution.'
'Your retention would be detrimental to the best interests of the state,' the letter advised.
Cameras For Fort Lauderdale Patrol Cars Still Needed
The idea to install cameras in Fort Lauderdale police cruisers didn't fall out of the clear, blue sky. Residents demanded them in 2007, after four suspects were killed in police shootings and complaints of excessive police force and racial profiling increased.
Now Fort Lauderdale city commissioners are considering abandoning the dash-cam program in light of the budget crisis. But that would be an unwise decision that could eventually bring back suspicion and friction between the police and the community.
These are tough economic times, yes. But the city has already spent $760,000 on the equipment, and has another $400,000 allocated by the federal government for the cameras. The city also spent $1.5 million on laptops needed to operate the devices. To change course now would mean the federal money would have to be returned and the city would bear a "nonrecoverable loss" of at least $1.16 million.
It would be better to spend the additional $1.2 million to complete the project. If that becomes financially unfeasible, it would make more sense to move forward with scaled back plans, rather than writing off the whole program and the previous expenses.
The equipment becomes even more crucial when you consider that not one Fort Lauderdale police officer has been disciplined due to citizens' complaints of brutality in about eight years. A Sun Sentinel review of city records found that many complaints were filed, but they were all thrown out by investigators or closed because citizens didn't follow up. Many weren't fully investigated, according to the report.
Is the public really to believe all those citizens' complaints were invalid?
Such one-sided results only compromise public trust. Cameras are not perfect, but they provide some documentation of police-community interactions. The devices can also be a defense against unfair brutality charges brought against police.
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Other Information: http://www.sun-sentinel.com/community/news/fort_lauderdale/sfl-policecar-videocameras-b0506sbmay06,0,4183812.story
Now Fort Lauderdale city commissioners are considering abandoning the dash-cam program in light of the budget crisis. But that would be an unwise decision that could eventually bring back suspicion and friction between the police and the community.
These are tough economic times, yes. But the city has already spent $760,000 on the equipment, and has another $400,000 allocated by the federal government for the cameras. The city also spent $1.5 million on laptops needed to operate the devices. To change course now would mean the federal money would have to be returned and the city would bear a "nonrecoverable loss" of at least $1.16 million.
It would be better to spend the additional $1.2 million to complete the project. If that becomes financially unfeasible, it would make more sense to move forward with scaled back plans, rather than writing off the whole program and the previous expenses.
The equipment becomes even more crucial when you consider that not one Fort Lauderdale police officer has been disciplined due to citizens' complaints of brutality in about eight years. A Sun Sentinel review of city records found that many complaints were filed, but they were all thrown out by investigators or closed because citizens didn't follow up. Many weren't fully investigated, according to the report.
Is the public really to believe all those citizens' complaints were invalid?
Such one-sided results only compromise public trust. Cameras are not perfect, but they provide some documentation of police-community interactions. The devices can also be a defense against unfair brutality charges brought against police.
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Other Information: http://www.sun-sentinel.com/community/news/fort_lauderdale/sfl-policecar-videocameras-b0506sbmay06,0,4183812.story
Deputy Ezra Arnold Accused of Assaulting his Stepson
A Newberry County deputy has been placed on paid administrative leave after he was accused of assaulting his stepson.
Whitmire police officers were called to Wallace Thompson Hospital just after 8:30 p.m. on April 27.
The deputy's mother told Whitmire police that her son, Ezra Arnold, had assaulted her grandson before school on Monday morning. Arnold was not on duty at the time.
According to the Newberry County Sheriff’s Office, Arnold has been employed with the Newberry County Sheriff’s Office since August of 1999. He is a sergeant in the uniform patrol division.
The State Law Enforcement Division and the South Carolina Department of Social Services are both conducting investigations into the incident.
Arnold was placed on administrative leave with pay on April 28 pending the preliminary report from SLED.
Whitmire police officers were called to Wallace Thompson Hospital just after 8:30 p.m. on April 27.
The deputy's mother told Whitmire police that her son, Ezra Arnold, had assaulted her grandson before school on Monday morning. Arnold was not on duty at the time.
According to the Newberry County Sheriff’s Office, Arnold has been employed with the Newberry County Sheriff’s Office since August of 1999. He is a sergeant in the uniform patrol division.
The State Law Enforcement Division and the South Carolina Department of Social Services are both conducting investigations into the incident.
Arnold was placed on administrative leave with pay on April 28 pending the preliminary report from SLED.
Officer James Dadeppo Arrested for Shoving his Girlfriend
A Grosse Pointe Woods police officer has been arrested for shoving his girlfriend and resisting arrest, officials said today.
James Joseph Dadeppo, 53, of St. Clair Shores was arrested Friday at a home in the 28900 block of Lane Court near Common and Hayes Roads, police said.
The Macomb County Prosecutor's Office has issued a two-count misdemeanor warrant for Dadeppo on charges of domestic violence and obstructing a police officer, according to Dwyer. The penalty for each crime is 93 days in jail.
The defendant is scheduled to be formally arraigned in 37th District Court on Wednesday. He was released Saturday on a $2,500 bond, Warren Police Commissioner William Dwyer said today.
Police say they were called to the home on Lane Court to respond to a domestic dispute complaint. Officers spoke to a 53-year-old Warren woman who said Dadeppo became verbally abusive to her while they were having a few drinks at a Sterling Heights restaurant. The woman told police she left the restaurant and returned home.
Dadeppo later showed up at the home and argued with the victim, police said. He also pushed and shoved the woman around her kitchen, she told investigators. The suspect then started collecting some of his personal belongings from the home and the victim called police.
When Warren police officers arrived, they confronted Dadeppo in the home's driveway and retrieved his firearm, Dwyer said.
He said when the officers questioned Dadeppo, he became upset and refused to comply with their requests. A struggle ensued as officers attempted to handcuff him and take him into custody. No one was injured.
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http://www.freep.com/article/20090504/NEWS02/90504039
James Joseph Dadeppo, 53, of St. Clair Shores was arrested Friday at a home in the 28900 block of Lane Court near Common and Hayes Roads, police said.
The Macomb County Prosecutor's Office has issued a two-count misdemeanor warrant for Dadeppo on charges of domestic violence and obstructing a police officer, according to Dwyer. The penalty for each crime is 93 days in jail.
The defendant is scheduled to be formally arraigned in 37th District Court on Wednesday. He was released Saturday on a $2,500 bond, Warren Police Commissioner William Dwyer said today.
Police say they were called to the home on Lane Court to respond to a domestic dispute complaint. Officers spoke to a 53-year-old Warren woman who said Dadeppo became verbally abusive to her while they were having a few drinks at a Sterling Heights restaurant. The woman told police she left the restaurant and returned home.
Dadeppo later showed up at the home and argued with the victim, police said. He also pushed and shoved the woman around her kitchen, she told investigators. The suspect then started collecting some of his personal belongings from the home and the victim called police.
When Warren police officers arrived, they confronted Dadeppo in the home's driveway and retrieved his firearm, Dwyer said.
He said when the officers questioned Dadeppo, he became upset and refused to comply with their requests. A struggle ensued as officers attempted to handcuff him and take him into custody. No one was injured.
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http://www.freep.com/article/20090504/NEWS02/90504039
Trial Begins for Officer Paul Cervantes Accused of Theft
Opening statements are set to begin on Monday in the case of a police officer, accused of theft.
Paul Cervantes is being charged with Grand Auto Theft.
The charges come after an alleged drug dealers accused Cervantes and another officer, Hector Becerra, of stealing his SUV, and giving it to an informant.
Back in February, Becerra was cleared of all charged against him.
The informant, Jesus Valles, has reached a preliminary plea deal. He is expected to testify for the prosecution in exchange for having the charges against him dropped.
Authorities say Cervantes had a direct role in that vehicle theft. Cervantes' Attorney, Terry Bowman, says the people making the allegations are not credible.
Paul Cervantes is being charged with Grand Auto Theft.
The charges come after an alleged drug dealers accused Cervantes and another officer, Hector Becerra, of stealing his SUV, and giving it to an informant.
Back in February, Becerra was cleared of all charged against him.
The informant, Jesus Valles, has reached a preliminary plea deal. He is expected to testify for the prosecution in exchange for having the charges against him dropped.
Authorities say Cervantes had a direct role in that vehicle theft. Cervantes' Attorney, Terry Bowman, says the people making the allegations are not credible.
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Correctional Officer Sidney Nunn Charged with Smuggling Drugs into Jail
A 25-year-old correctional officer was arrested on drug charges following an investigation into drug smuggling at Vaughn Correctional Center, police reported today.
Dover police spokesman Lt. Tim Stump said Sidney Nunn, of Smyrna, was charged with possession with intent to deliver marijuana, maintaining a vehicle, conspiracy, possession of drug paraphernalia and promoting prison contraband.
Nunn was released after posting $8,000 bail.
Internal Affairs at the prison contacted the Dover police drug unit with information about Nunn, Stump said.
About 2 p.m. Saturday officers arrested Nunn in the parking lot of the Dover Mall and confiscated 26.7 grams of marijuana from him that police said he had intended to smuggle into the prison.
State Department of Correction spokesman John Painter said Nunn was hired in April 2004 and worked as a correctional officer at Vaughn Correctional Center.
“Following normal procedure, he had been placed on leave with pay pending the outcome of an internal investigation,” Painter said.
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http://abclocal.go.com/wpvi/story?section=news/local&id=6795208
Dover police spokesman Lt. Tim Stump said Sidney Nunn, of Smyrna, was charged with possession with intent to deliver marijuana, maintaining a vehicle, conspiracy, possession of drug paraphernalia and promoting prison contraband.
Nunn was released after posting $8,000 bail.
Internal Affairs at the prison contacted the Dover police drug unit with information about Nunn, Stump said.
About 2 p.m. Saturday officers arrested Nunn in the parking lot of the Dover Mall and confiscated 26.7 grams of marijuana from him that police said he had intended to smuggle into the prison.
State Department of Correction spokesman John Painter said Nunn was hired in April 2004 and worked as a correctional officer at Vaughn Correctional Center.
“Following normal procedure, he had been placed on leave with pay pending the outcome of an internal investigation,” Painter said.
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http://abclocal.go.com/wpvi/story?section=news/local&id=6795208
Sunday, May 03, 2009
Retired Judge James Weaver Arrested 3 Times for Drunk Driving
A retired Muscatine County judge has pleaded not guilty after his third arrest for drunken driving.
James Weaver, 56, of Blue Grass was arrested in March in Scott County. Iowa State Patrol officials say Weaver’s blood-alcohol concentration was more than twice the legal limit.
Weaver was arrested for drunken driving in November 2002 and November 2004. He pleaded guilty both times.
James Weaver, 56, of Blue Grass was arrested in March in Scott County. Iowa State Patrol officials say Weaver’s blood-alcohol concentration was more than twice the legal limit.
Weaver was arrested for drunken driving in November 2002 and November 2004. He pleaded guilty both times.
Former Officer Alberto Perez Arrested on Additional Charges
AVON PARK
Nearly five months after his initial arrest for extortion, former Avon Park police officer Alberto Perez has been arrested on additional charges.
Florida Department of Law Enforcement Resident Agent In Charge Yolanda Carbia said the newest charges, one additional count of extortion and one count of official misconduct, are related to the original investigation.
In the probable cause report dated April 30, FDLE special agent Vaden Pollard describes an event where Perez told a young Hispanic male that he could avoid jail by giving him $300.
This is similar to the allegations Perez was arrested for on Dec. 2, 2008, when he reportedly asked for $200 from a Hispanic male who ran a stop sign. The traffic stop took place April 19, 2008.
"(Perez) told (the victim) the reason for the traffic stop was because he did not completely stop at a stop sign," the December probable cause affidavit said. "(Perez) told him ... just give $200 and no ticket."
Perez's most recent charges also stem from a separate incident in 2008.
"A new lead came in and we researched investigative reports generated by Alberto Perez," Carbia said. "Some leads can't be substantiated but this one we were able to follow through with an arrest warrant. We were able to locate individuals able to give the sworn testimony we needed."
The FDLE worked with the Avon Park Police Department to corroborate the charges, pulling a report from an accident on Main Street and South Lake Avenue on June 28 when a white van was rear-ended by a truck.
"The man paid Perez $300 so he wouldn't be taken to jail," Carbia said.
Perez allegedly switched the names of an uncle and nephew on the accident report to keep the nephew, who had a suspended license, out of jail.
"The officer gave (the witness) his ticket book and told him to go over to his truck, put $300 in the back of the ticket book, and bring the ticket book back to him," the report said.
The uncle had walked to the scene when he was called by his nephew after the accident, and was not in the truck when the accident occurred.
"(The uncle) walked to the crash scene because it was close to his business," the report said.
The woman driving the van testified that she remembered the nephew as the only occupant of the vehicle at the time of the accident, and saw the uncle approaching the crash scene later.
While the uncle was speaking about the accident with the officer, who he later identified as Perez in a photo lineup, he was asked for his license.
When he asked Perez why he wanted it, Perez reportedly responded, "It will help your nephew."
The uncle agreed to give the officer his license, allegedly asking that his information not be placed in a report.
The uncle, nephew and woman driving the van all testified that the uncle was not the driver and was not in the vehicle when the crash occurred.
Perez was charged with extortion, a second degree felony, and official misconduct for allegedly "knowingly" falsifying an official State of Florida crash report.
Perez remains on unpaid leave from his position with the city due to the extortion charges in December.
He was booked into the Highlands County Jail on April 30, and was released two and a half hours later on $6,000 bond.
Nearly five months after his initial arrest for extortion, former Avon Park police officer Alberto Perez has been arrested on additional charges.
Florida Department of Law Enforcement Resident Agent In Charge Yolanda Carbia said the newest charges, one additional count of extortion and one count of official misconduct, are related to the original investigation.
In the probable cause report dated April 30, FDLE special agent Vaden Pollard describes an event where Perez told a young Hispanic male that he could avoid jail by giving him $300.
This is similar to the allegations Perez was arrested for on Dec. 2, 2008, when he reportedly asked for $200 from a Hispanic male who ran a stop sign. The traffic stop took place April 19, 2008.
"(Perez) told (the victim) the reason for the traffic stop was because he did not completely stop at a stop sign," the December probable cause affidavit said. "(Perez) told him ... just give $200 and no ticket."
Perez's most recent charges also stem from a separate incident in 2008.
"A new lead came in and we researched investigative reports generated by Alberto Perez," Carbia said. "Some leads can't be substantiated but this one we were able to follow through with an arrest warrant. We were able to locate individuals able to give the sworn testimony we needed."
The FDLE worked with the Avon Park Police Department to corroborate the charges, pulling a report from an accident on Main Street and South Lake Avenue on June 28 when a white van was rear-ended by a truck.
"The man paid Perez $300 so he wouldn't be taken to jail," Carbia said.
Perez allegedly switched the names of an uncle and nephew on the accident report to keep the nephew, who had a suspended license, out of jail.
"The officer gave (the witness) his ticket book and told him to go over to his truck, put $300 in the back of the ticket book, and bring the ticket book back to him," the report said.
The uncle had walked to the scene when he was called by his nephew after the accident, and was not in the truck when the accident occurred.
"(The uncle) walked to the crash scene because it was close to his business," the report said.
The woman driving the van testified that she remembered the nephew as the only occupant of the vehicle at the time of the accident, and saw the uncle approaching the crash scene later.
While the uncle was speaking about the accident with the officer, who he later identified as Perez in a photo lineup, he was asked for his license.
When he asked Perez why he wanted it, Perez reportedly responded, "It will help your nephew."
The uncle agreed to give the officer his license, allegedly asking that his information not be placed in a report.
The uncle, nephew and woman driving the van all testified that the uncle was not the driver and was not in the vehicle when the crash occurred.
Perez was charged with extortion, a second degree felony, and official misconduct for allegedly "knowingly" falsifying an official State of Florida crash report.
Perez remains on unpaid leave from his position with the city due to the extortion charges in December.
He was booked into the Highlands County Jail on April 30, and was released two and a half hours later on $6,000 bond.
Former Reserve Officer Eric Evans Charged with Impersonation
BARTLESVILLE
A former reserve police officer has been charged with impersonation after an April incident in which a woman told authorities that a badge-flashing driver tried to pull over her car on U.S. 75.
Eric Dean Evans, 39, was released on his own recognizance this week after appearing in Washington County District Court.
Evans did not enter a plea to the misdemeanor charge, which alleges that he flashed a badge in an attempt to appear to be a law enforcement officer "when he had no authority."
The Bartlesville Police Department fired Evans from his reserve position immediately after investigating reports that he was making unauthorized traffic stops on U.S. 75. Evans had been a reserve officer since October 2007.
Reserve officers serve without pay and must complete 160 hours of training with the Council on Law Enforcement, Education and Training. Evans worked with the department's Patrol Division as a reserve cadet.
According to police, Evans was wearing civilian clothes and driving a private vehicle on April 1 when he allegedly flashed a police badge at a woman who was driving on U.S. 75 near Ramona.
Evans reportedly drove off when a male passenger who had been sleeping in her car sat up.
The driver had not pulled over because she was unsure whether the man was an actual law enforcement officer.
Instead, she called an Oklahoma Highway Patrol dispatcher.
Bartlesville police also received calls from other drivers who encountered similar situations. The investigation was turned over to the Highway Patrol, which has jurisdiction in the case.
Evans is due back in court May 18.
A former reserve police officer has been charged with impersonation after an April incident in which a woman told authorities that a badge-flashing driver tried to pull over her car on U.S. 75.
Eric Dean Evans, 39, was released on his own recognizance this week after appearing in Washington County District Court.
Evans did not enter a plea to the misdemeanor charge, which alleges that he flashed a badge in an attempt to appear to be a law enforcement officer "when he had no authority."
The Bartlesville Police Department fired Evans from his reserve position immediately after investigating reports that he was making unauthorized traffic stops on U.S. 75. Evans had been a reserve officer since October 2007.
Reserve officers serve without pay and must complete 160 hours of training with the Council on Law Enforcement, Education and Training. Evans worked with the department's Patrol Division as a reserve cadet.
According to police, Evans was wearing civilian clothes and driving a private vehicle on April 1 when he allegedly flashed a police badge at a woman who was driving on U.S. 75 near Ramona.
Evans reportedly drove off when a male passenger who had been sleeping in her car sat up.
The driver had not pulled over because she was unsure whether the man was an actual law enforcement officer.
Instead, she called an Oklahoma Highway Patrol dispatcher.
Bartlesville police also received calls from other drivers who encountered similar situations. The investigation was turned over to the Highway Patrol, which has jurisdiction in the case.
Evans is due back in court May 18.
Saturday, May 02, 2009
Judge Wayne Cresap Arrested on Wire Fraud
A onetime New Orleans city attorney who came to prominence after a hard-fought, underdog election for a St. Bernard Parish judgeship in 1999, Wayne Cresap led a quiet life in a parish legendary for its political eccentricities.
He gained a reputation as a jurist who doled out hefty bonds and long jail sentences and as a friend to St. Bernard sheriff's deputies who strongly supported his only competitive election a decade ago.
But before he was vaulted into the public limelight last week after being arrested by the FBI on wire fraud charges, the 62-year-old judge had been a central figure in some of St. Bernard's most far-reaching and controversial lawsuits, court records and interviews show.
His rulings in 2002 and 2003 put him in the middle of the twisted, politically charged fight over the estimated $250 million estate left by Arlene Meraux, the heiress to St. Bernard land baron Joseph Meraux's fortune.
And his behavior at another 2002 hearing relating to a massive case brought against the state by oyster harvesters earned him a rebuke by the Louisiana Supreme Court.
"He was never one to shy away from those controversial type of cases," said longtime Chalmette lawyer John Finckbeiner Jr., who moved his practice to the French Quarter after 2005 but tries numerous cases in St. Bernard's 34th Judicial District. But as a politician, Finckbeiner said, Cresap "was never one of the big social guys."
"He would do things for the community, but he wasn't one to be running to every event and every dinner at the Chamber and the Kiwanis Club, and this fair and that fair."
Parish abuzz
News of Cresap's alleged involvement in a judicial corruption scheme with at least two unnamed lawyers has left St. Bernard's tight-knit legal community at the center of a whirlwind of rumors.
"Of course everybody's kind of shocked that it happened. That's some really strong charges, you know, not only for the judge, but also for the lawyers involved," Chalmette attorney Alan Bouterie said. "It kind of throws a cloud over every lawyer down here. If there's two lawyers out of 40 lawyers down here now practicing actively, that means there's 38 people who have a cloud over them totally unjustified."
According to an FBI affidavit, Cresap allegedly took cash for allowing inmates to be released from the St. Bernard Parish Prison without putting up money for the bond.
The two lawyers, described in the affidavit as "Lawyer A" and "Lawyer B," would take cash from the inmate's family or friends and then split the money with Cresap after the bond was converted. The two lawyers have not been arrested or named, and Cresap was released from Orleans Parish Prison on Monday night on a $100,000 signature bond -- the same type of bond he is accused of rigging for bribes.
Efforts to reach Cresap and his defense attorney, Pat Fanning, were unsuccessful.
Cresap was arrested April 24 and charged based on a criminal complaint, an unusual move. Federal authorities typically seek an indictment from a grand jury and let defendants surrender. But U.S. Attorney Jim Letten said last week that the FBI's arrest came because of concerns that Cresap might harm himself.
Cresap has not worked since April 10, when he took a leave for medical reasons. The district's other judges are handling his caseload.
Uptown upbringing
Unlike many in St. Bernard's small political sphere, Cresap was not born and bred in the suburban parish. He grew up in New Orleans, attended De La Salle High School in Uptown and worked for the city of New Orleans for years, including a stint as an assistant city attorney. He ran unsuccessfully for First City Court judge in New Orleans' Civil District Court in 1980.
Before moving to St. Bernard Parish, he raised some eyebrows in 1981 when he sued Chalmette's Mystic Krewe of Shangri-La, a women's Carnival club, claiming the organization breached a contract that would have let him reign as king during the 1982 Carnival season. He asked for $100,000 for "humiliation and embarrassment."
Judge Melvyn Perez, Cresap's predecessor in Division C, ruled in favor of the krewe. Cresap appealed the decision to the 4th Circuit Court of Appeal, which backed Perez.
Cresap went on to work as a trial lawyer in Chalmette and became active on the board of the St. Bernard chapter of the Alliance for Good Government.
His political ascendancy was aided by Sheriff Jack Stephens, who threw his support behind Cresap in a tight runoff in 1999 against St. Bernard attorney Gregory Noto. Cresap was on Stephens' payroll in the 1990s as legal counsel, and he had represented deputies in other cases as a trial lawyer in St. Bernard.
But Stephens said he supported Cresap because of a groundswell from the rank-and-file in his department.
"He was a real longshot to win; he was a newcomer to politics," Stephens said. "It was actually the deputies that advanced his candidacy, because they were loyal to him."
Cresap, a Democrat, lives in Poydras with his wife. He was re-elected without opposition in 2002 and 2009. His annual base salary, set by the Legislature for district judges across the state, is about $106,300.
Fight over fortune
__________________
For more of the story please visit: http://www.nola.com/news/index.ssf/2009/05/arrested_judge_handled_some_of.html
He gained a reputation as a jurist who doled out hefty bonds and long jail sentences and as a friend to St. Bernard sheriff's deputies who strongly supported his only competitive election a decade ago.
But before he was vaulted into the public limelight last week after being arrested by the FBI on wire fraud charges, the 62-year-old judge had been a central figure in some of St. Bernard's most far-reaching and controversial lawsuits, court records and interviews show.
His rulings in 2002 and 2003 put him in the middle of the twisted, politically charged fight over the estimated $250 million estate left by Arlene Meraux, the heiress to St. Bernard land baron Joseph Meraux's fortune.
And his behavior at another 2002 hearing relating to a massive case brought against the state by oyster harvesters earned him a rebuke by the Louisiana Supreme Court.
"He was never one to shy away from those controversial type of cases," said longtime Chalmette lawyer John Finckbeiner Jr., who moved his practice to the French Quarter after 2005 but tries numerous cases in St. Bernard's 34th Judicial District. But as a politician, Finckbeiner said, Cresap "was never one of the big social guys."
"He would do things for the community, but he wasn't one to be running to every event and every dinner at the Chamber and the Kiwanis Club, and this fair and that fair."
Parish abuzz
News of Cresap's alleged involvement in a judicial corruption scheme with at least two unnamed lawyers has left St. Bernard's tight-knit legal community at the center of a whirlwind of rumors.
"Of course everybody's kind of shocked that it happened. That's some really strong charges, you know, not only for the judge, but also for the lawyers involved," Chalmette attorney Alan Bouterie said. "It kind of throws a cloud over every lawyer down here. If there's two lawyers out of 40 lawyers down here now practicing actively, that means there's 38 people who have a cloud over them totally unjustified."
According to an FBI affidavit, Cresap allegedly took cash for allowing inmates to be released from the St. Bernard Parish Prison without putting up money for the bond.
The two lawyers, described in the affidavit as "Lawyer A" and "Lawyer B," would take cash from the inmate's family or friends and then split the money with Cresap after the bond was converted. The two lawyers have not been arrested or named, and Cresap was released from Orleans Parish Prison on Monday night on a $100,000 signature bond -- the same type of bond he is accused of rigging for bribes.
Efforts to reach Cresap and his defense attorney, Pat Fanning, were unsuccessful.
Cresap was arrested April 24 and charged based on a criminal complaint, an unusual move. Federal authorities typically seek an indictment from a grand jury and let defendants surrender. But U.S. Attorney Jim Letten said last week that the FBI's arrest came because of concerns that Cresap might harm himself.
Cresap has not worked since April 10, when he took a leave for medical reasons. The district's other judges are handling his caseload.
Uptown upbringing
Unlike many in St. Bernard's small political sphere, Cresap was not born and bred in the suburban parish. He grew up in New Orleans, attended De La Salle High School in Uptown and worked for the city of New Orleans for years, including a stint as an assistant city attorney. He ran unsuccessfully for First City Court judge in New Orleans' Civil District Court in 1980.
Before moving to St. Bernard Parish, he raised some eyebrows in 1981 when he sued Chalmette's Mystic Krewe of Shangri-La, a women's Carnival club, claiming the organization breached a contract that would have let him reign as king during the 1982 Carnival season. He asked for $100,000 for "humiliation and embarrassment."
Judge Melvyn Perez, Cresap's predecessor in Division C, ruled in favor of the krewe. Cresap appealed the decision to the 4th Circuit Court of Appeal, which backed Perez.
Cresap went on to work as a trial lawyer in Chalmette and became active on the board of the St. Bernard chapter of the Alliance for Good Government.
His political ascendancy was aided by Sheriff Jack Stephens, who threw his support behind Cresap in a tight runoff in 1999 against St. Bernard attorney Gregory Noto. Cresap was on Stephens' payroll in the 1990s as legal counsel, and he had represented deputies in other cases as a trial lawyer in St. Bernard.
But Stephens said he supported Cresap because of a groundswell from the rank-and-file in his department.
"He was a real longshot to win; he was a newcomer to politics," Stephens said. "It was actually the deputies that advanced his candidacy, because they were loyal to him."
Cresap, a Democrat, lives in Poydras with his wife. He was re-elected without opposition in 2002 and 2009. His annual base salary, set by the Legislature for district judges across the state, is about $106,300.
Fight over fortune
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For more of the story please visit: http://www.nola.com/news/index.ssf/2009/05/arrested_judge_handled_some_of.html
Officer Scott Wendell Charged with Slamming Handcuffed Man's Head Against Cell Wall
A St. Paul police officer has been accused of slamming a handcuffed man's head against a cell wall during an argument over the officer's stepdaughter.
Forty-five-year-old Scott Wendell of Columbus was charged Friday with third-degree felony assault and put on paid administrative leave.
The criminal complaint says the victim was arrested on an outstanding warrant during a traffic stop. The man also did not have a valid driver's license.
The complaint says Wendell confronted the man after learning his juvenile stepdaughter was in the car during the stop. It says the man, who has not been named, suffered a 4-inch cut to his head and needed 12 stitches.
Wendell's attorney did not return calls for comment.
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http://kstp.com/news/stories/S910579.shtml?cat=206
Forty-five-year-old Scott Wendell of Columbus was charged Friday with third-degree felony assault and put on paid administrative leave.
The criminal complaint says the victim was arrested on an outstanding warrant during a traffic stop. The man also did not have a valid driver's license.
The complaint says Wendell confronted the man after learning his juvenile stepdaughter was in the car during the stop. It says the man, who has not been named, suffered a 4-inch cut to his head and needed 12 stitches.
Wendell's attorney did not return calls for comment.
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http://kstp.com/news/stories/S910579.shtml?cat=206
Deputy David Jacobs Charged with Taking Money from Man he Arrested
CHICKASHA
A former Grady County sheriff's deputy has been charged with two felony counts alleging he took money from a man he arrested.
Former Deputy David Jacobs was arraigned Thursday on charges of embezzlement by a police officer and falsifying an official record. Bond was set at $8,000.
An Oklahoma State Bureau of Investigation affidavit filed in the case indicates a jail security video captured Jacobs counting out money seized from the suspect and putting it in an envelope.
According to the affidavit, Jacobs told investigators he was holding $1,800 as evidence but forgot to book the money and then lost it on his way home. He told investigators he did not "intentionally steal or take any money," the affidavit states.
The affidavit indicates an envelope containing $2,000 was later found in his vehicle.
Sheriff Art Kell fired Jacobs in early March after the allegations first surfaced.
A telephone message left Friday with Jacobs' attorney, John Stuart, was not immediately returned.
Jacobs is scheduled to appear in court June 17 for a preliminary hearing conference.
"I'm tired of having to prosecute cops," said Grady County District Attorney Bret Burns. "Every time you do it affects the whole system.
"We've had to dismiss or plea bargain 20 to 30 cases Jacobs was working on because his credibility has been called into question."
Burns said he will seek prison time for Jacobs.
"I think we should hold on-duty police officers to a a higher standard," Burns said.
A former Grady County sheriff's deputy has been charged with two felony counts alleging he took money from a man he arrested.
Former Deputy David Jacobs was arraigned Thursday on charges of embezzlement by a police officer and falsifying an official record. Bond was set at $8,000.
An Oklahoma State Bureau of Investigation affidavit filed in the case indicates a jail security video captured Jacobs counting out money seized from the suspect and putting it in an envelope.
According to the affidavit, Jacobs told investigators he was holding $1,800 as evidence but forgot to book the money and then lost it on his way home. He told investigators he did not "intentionally steal or take any money," the affidavit states.
The affidavit indicates an envelope containing $2,000 was later found in his vehicle.
Sheriff Art Kell fired Jacobs in early March after the allegations first surfaced.
A telephone message left Friday with Jacobs' attorney, John Stuart, was not immediately returned.
Jacobs is scheduled to appear in court June 17 for a preliminary hearing conference.
"I'm tired of having to prosecute cops," said Grady County District Attorney Bret Burns. "Every time you do it affects the whole system.
"We've had to dismiss or plea bargain 20 to 30 cases Jacobs was working on because his credibility has been called into question."
Burns said he will seek prison time for Jacobs.
"I think we should hold on-duty police officers to a a higher standard," Burns said.
Friday, May 01, 2009
Officer Michael Leepper Arrested for Drunk Driving
A Metro police officer is facing charges after he was arrested for operating a vehicle while intoxicated.
An Indiana State Trooper pulled over Michael Leepper of Indianapolis at the I-65 southbound ramp to East Street for an unsafe lane movement at around 2:00 am. Leepper is an officer with the Indianapolis Metropolitan Police Department.
The trooper noticed a strong smell of alcohol in Leepper's vehicle. The trooper conducted an investigation that resulted in Leepper being arrested, and taken to the Marion County Adult Processing Center.
Leepper was driving his personal vehicle at the time of the traffic stop. He faces a Class A misdemeanor of Operating While Intoxicated and Class B misdemeanor of Public Intoxication.
Officer Michael Wooton Accused of Shooting Neighbor's Dog
An off-duty Essex police officer could face charges for shooting his allegedly neighbor’s dog after it tangled with his Pug, state police say.
Michael J. Wootton, 34, an Essex police officer who lives in Waterville, allegedly shot and killed the mixed-breed dog Thursday afternoon.
Police say his Pug went to a neighbor’s property on Phyllis Lane and became involved in a fight with a dog belonging to Melinda Maskell, 28. Wootton returned home, obtained a hand gun and fired one shot into the dog, according to a state police.
Wootton could face charges of cruelty to animals and recklessly endangering another person. An investigation is under way.
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http://www.fox44.net/Global/story.asp?S=10284996
Michael J. Wootton, 34, an Essex police officer who lives in Waterville, allegedly shot and killed the mixed-breed dog Thursday afternoon.
Police say his Pug went to a neighbor’s property on Phyllis Lane and became involved in a fight with a dog belonging to Melinda Maskell, 28. Wootton returned home, obtained a hand gun and fired one shot into the dog, according to a state police.
Wootton could face charges of cruelty to animals and recklessly endangering another person. An investigation is under way.
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http://www.fox44.net/Global/story.asp?S=10284996
Officer Calvin Schaffer Accused of Offering to Dismiss Case in Exchange for Sex
A Wichita woman secretly recorded conversations with a police officer accused of offering to get a case dismissed in exchange for sex.
According to recently unsealed court documents, Angelique Mason also sent nude pictures of herself from her cell phone to Goddard police officer Calvin Schaffer's (SHAY'-fur) cell phone. The 44-year-old Schaffer had arrested her in February for allegedly driving drunk.
He was charged Wednesday with wire fraud for allegedly sending naked pictures of himself to Mason from a computer at the Goddard Police Department while he was on duty. He no longer works for the department.
Prosecutors claim he offered to help get the case dismissed in exchange for sex.
According to court records, Mason had filed a complaint about Schaffer with the FBI.
Schaffer declined to comment Friday. Mason did not return a message seeking comment.
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http://www.upi.com/Top_News/2009/05/01/Officer-said-to-solicit-sex-from-arrestee/UPI-99421241226033/
According to recently unsealed court documents, Angelique Mason also sent nude pictures of herself from her cell phone to Goddard police officer Calvin Schaffer's (SHAY'-fur) cell phone. The 44-year-old Schaffer had arrested her in February for allegedly driving drunk.
He was charged Wednesday with wire fraud for allegedly sending naked pictures of himself to Mason from a computer at the Goddard Police Department while he was on duty. He no longer works for the department.
Prosecutors claim he offered to help get the case dismissed in exchange for sex.
According to court records, Mason had filed a complaint about Schaffer with the FBI.
Schaffer declined to comment Friday. Mason did not return a message seeking comment.
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http://www.upi.com/Top_News/2009/05/01/Officer-said-to-solicit-sex-from-arrestee/UPI-99421241226033/
Taser Death of Roger Holyfield Quietly Settled
The mother of a teenager who died after being Tased by police officers has quietly settled her wrongful death lawsuit.
Rita Cummings is the mother of Roger Holyfield of Dow, who died at age 17 after a run-in with local police in 2006.
Cummings had a civil suit pending against dispatchers and members of the Jerseyville Police Department, Illinois State Police and the city of Jerseyville after authorities refused to file criminal charges in 2007.
According to Jersey County Circuit Court records, the civil suit was settled earlier this spring.
"They just swept it under the rug," said Rayburn Holyfield, Roger's grandfather. "The two guys that killed him just went on their merry way."
The civil suit alleged that on Oct. 28, 2006, Holyfield was abused by Officers Matt Witt and Todd Wagner of the Jerseyville Police Department, assisted by Officer John Lawson and Trooper Jeff Bridges of the State Police. The defendants allegedly abused Holyfield mentally and physically by shooting him multiple times with a Taser and using forcible restraint when it allegedly was not needed.
The suit claimed that Witt, Wagner, Lawson and Bridges responded that day to the 600 block of South State Street in Jerseyville, where they found Holyfield holding a telephone and a Bible, stating, "I want my mother."
Without sufficient cause, the suit contended, the officers placed Holyfield under arrest, and Holyfield allegedly made no attempts to resist.
The suit alleged that the officers shot Holyfield with Tasers multiple times, even though he was handcuffed and face-down on the ground, and allegedly abused him physically while putting him in a squad car.
After this abuse, the suit claimed, Holyfield began to vomit, and an ambulance was called.
Holyfield died on the way to a St. Louis hospital on Oct. 29, 2006.
Cummings claimed "wrongful death" against the defendants on the grounds that Holyfield suffered severe pain and injury in the incident without just cause or imminent threat of bodily harm toward the officers.
The suit further alleged that the Jerseyville Police Department failed to adequately train or control its dispatchers and officers.
Attorney Mark Niemeyer, who represented Cummings in the suit, could not be reached Friday for comment, nor could attorney Charles Pierce, who represented Jerseyville Police Chief Brad Blackorby.
Robyn Ziegler, a spokeswoman for the Illinois Attorney General's Office, which was the legal representation for the State Police in the civil case, said the two sides settled but that there was no amount of money involved.
"The plaintiff dismissed the suit against the Illinois State Police because they recognized that the State Police had no involvement," Ziegler said.
In November 2007, Wagner and Witt were cleared of criminal responsibility in Holyfield's death.
According to special prosecutor Chuck Colburn of the State's Attorneys Appellate Prosecutor's Office, the officers were not found to have caused Holyfield's death or to have possessed the mental state or recklessness to be held criminally responsible for it.
A number of witnesses, 40 hours of interviews and more than 1,000 pages of reports were taken into account, Colburn said.
The office's findings included:
- A report by St. Louis Chief Deputy Medical Examiner Phillip Burch, who performed the teen's autopsy, that said Holyfield's death was from natural causes as a result of "excited delirium" and not caused by the use of the Tasers; and
- That officers Wagner and Witt were not found to have had the intention to kill or cause great bodily harm to Holyfield and were following proper police procedure when the incident occurred.
After the report came out, the Appellate Prosecutor's Office and Jerseyville Police Department issued statements of sympathy toward Holyfield's family. The Police Department maintained that officers Wagner and Witt followed procedure in the incident.
Holyfield's family then went on with the civil case against the defendants, pursuing compensatory damages, punitive damages, and court costs and fees.
Officer Alberto Perez Arrested for Extortion & Threats
Avon Park Police Officer Alberto Perez was out of jail Friday on a $6,000 bond following his second arrest Thursday for allegations of police misconduct.
Perez, 34, was arrested on warrants charging extortion or threats and official misconduct.
The new charges stem from the original investigation conducted by the Florida Department of Law Enforcement's (FDLE) Sebring field office and the Avon Park Police Department into allegations of police misconduct.
"For us, it's still under the same case, but a new victim and new witnesses," said Yolanda Carbia, resident agent in charge of the Sebring FDLE office.
Perez, an APPD officer since July 2007, was first arrested in December 2008 and charged with one count of extortion or threats. The allegation was that, during an April 19, 2008 traffic stop, the officer told the victim to pay him $200 or get a ticket.
On June 28, 2008, Perez reportedly responded to a two-vehicle accident at the intersection of Main Street and South Lake Avenue in Avon Park, according to the probable cause affidavit.
The driver of a Dodge truck was responsible because he reportedly rear-ended a van with his vehicle. Perez arrived at the accident and took the truck driver's license. The officer told the Hispanic male that his license was invalid and that he could be arrested, the affidavit stated.
"OK, take me to jail," the man reportedly told Perez.
Perez allegedly told the man he could keep him out of jail if he paid the officer $300. The driver then got the money out of his truck and put it in the back of Perez's ticket book, according to the affidavit. The man was released and given a copy of the crash report.
With this second arrest, Carbia hopes that others who may have been victims of this type of extortion will come forward. She said they may fear punishment because, by their paying the officer, they are now involved in his crime.
"I think people are kind of hesitant to come forward," Carbia said.
Perez has been on unpaid administrative leave from the APPD since the first arrest.
Perez, 34, was arrested on warrants charging extortion or threats and official misconduct.
The new charges stem from the original investigation conducted by the Florida Department of Law Enforcement's (FDLE) Sebring field office and the Avon Park Police Department into allegations of police misconduct.
"For us, it's still under the same case, but a new victim and new witnesses," said Yolanda Carbia, resident agent in charge of the Sebring FDLE office.
Perez, an APPD officer since July 2007, was first arrested in December 2008 and charged with one count of extortion or threats. The allegation was that, during an April 19, 2008 traffic stop, the officer told the victim to pay him $200 or get a ticket.
On June 28, 2008, Perez reportedly responded to a two-vehicle accident at the intersection of Main Street and South Lake Avenue in Avon Park, according to the probable cause affidavit.
The driver of a Dodge truck was responsible because he reportedly rear-ended a van with his vehicle. Perez arrived at the accident and took the truck driver's license. The officer told the Hispanic male that his license was invalid and that he could be arrested, the affidavit stated.
"OK, take me to jail," the man reportedly told Perez.
Perez allegedly told the man he could keep him out of jail if he paid the officer $300. The driver then got the money out of his truck and put it in the back of Perez's ticket book, according to the affidavit. The man was released and given a copy of the crash report.
With this second arrest, Carbia hopes that others who may have been victims of this type of extortion will come forward. She said they may fear punishment because, by their paying the officer, they are now involved in his crime.
"I think people are kind of hesitant to come forward," Carbia said.
Perez has been on unpaid administrative leave from the APPD since the first arrest.
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Officer Ernie Miller Accused of Sending Racially Charged Text Message
State police are investigating allegations that a Keyser city police officer sent a local family a racially-charged text message.
Anthony and Samantha Lockett say in February they received a vicious text that threatened their home and their young children.
The Locketts say after they got the text they called the number back and got Officer Ernie Miller.
Investigators say the text was sent from a computer, not from a cell phone.
A spokeswoman for the Keyser Police Department says they're standing behind Officer Miller, and that there's no evidence to substantiate the Locketts' claims.
"I was shocked. I was surprised that anyone could write anything like that because that could be anyone's kids. I think it affects people more who have black kids or biracial kids," Samantha said.
State police say Officer Miller will voluntarily take a lie detector test next week. Anthony Lockett says he would do the same.
Anthony and Samantha Lockett say in February they received a vicious text that threatened their home and their young children.
The Locketts say after they got the text they called the number back and got Officer Ernie Miller.
Investigators say the text was sent from a computer, not from a cell phone.
A spokeswoman for the Keyser Police Department says they're standing behind Officer Miller, and that there's no evidence to substantiate the Locketts' claims.
"I was shocked. I was surprised that anyone could write anything like that because that could be anyone's kids. I think it affects people more who have black kids or biracial kids," Samantha said.
State police say Officer Miller will voluntarily take a lie detector test next week. Anthony Lockett says he would do the same.
Thursday, April 30, 2009
Officer Erik Hanson Arrested for Child Rape
Forks Police Officer Erik A. Hanson, who was arrested Thursday on investigation of second-degree rape -- a felony -- has been charged in Clallam County Superior Court with two counts of communication with a minor for immoral purposes -- a misdemeanor.
Hanson, 33, was arrested Thursday, with the Clallam County Sheriff's Department saying the alleged actions happened while he was off duty.
He was charged Tuesday.
"We're going to charge what we can prove," Clallam County Prosecuting Attorney Deb Kelly said Wednesday.
"If further evidence comes forward that would warrant a greater or lesser charge, that's what we'll do."
Communication with 12-year-old
Clallam County Deputy Prosecuting Attorney Ann Lundwall filed the misdemeanor counts for communication Hanson allegedly had with a 12-year-old girl between June and October of last year.
Hanson waived his right to a speedy arraignment so he could return to Iraq for duty with the Army National Guard.
The Forks man will be arraigned in Clallam County Superior Court on Aug. 28.
Forks Mayor Nedra Reed said that no personnel action has been taken.
"As far as the city is concerned, Officer Hanson is still on active duty with the military," Reed said.
"Any personnel action will be deferred to such time as he has his day in court."
Hanson posted $5,000 bail on Friday.
The court on Tuesday modified Hanson's conditions of release, lifting curfew and travel restrictions, and imposed a one-year sexual assault protection order.
New information filed in the case includes a detective's interview with the 12-year-old girl and e-mail correspondence she had with Hanson.
Court documents
According to court documents:
A three-month investigation by the Clallam County Sheriff's Department Criminal Investigations Bureau uncovered phone records and e-mail exchanges between Hanson and the girl.
Hanson was the arresting officer in a case in which the girl, who is unidentified because of her age and the nature of the charge, was sexually assaulted two years ago.
Casey Shoop, 21, was charged with first degree child rape, first degree kidnapping and second-degree assault. He was booked January 2008, and remains in custody at the Clallam County jail on $100,000 bail.
Hanson was initially asked to patrol the girl's neighborhood because she suffered from anxiety.
The girl told investigators that Hanson became less professional, and that her friends and family became suspicious. She said she already had a bad experience -- and now a police officer was talking the same way.
She told a sheriff's investigator that Hanson hugged her around the waist and kissed her repeatedly when he was off duty and after he had returned from military training in Yakima.
According to phone records in the case file, the victim initiated seven out of 10 calls totaling 217 minutes between June 26, 2008 and July 6, 2008.
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http://www.seattlepi.com/local/6420ap_wa_forks_officer_charged.html
Hanson, 33, was arrested Thursday, with the Clallam County Sheriff's Department saying the alleged actions happened while he was off duty.
He was charged Tuesday.
"We're going to charge what we can prove," Clallam County Prosecuting Attorney Deb Kelly said Wednesday.
"If further evidence comes forward that would warrant a greater or lesser charge, that's what we'll do."
Communication with 12-year-old
Clallam County Deputy Prosecuting Attorney Ann Lundwall filed the misdemeanor counts for communication Hanson allegedly had with a 12-year-old girl between June and October of last year.
Hanson waived his right to a speedy arraignment so he could return to Iraq for duty with the Army National Guard.
The Forks man will be arraigned in Clallam County Superior Court on Aug. 28.
Forks Mayor Nedra Reed said that no personnel action has been taken.
"As far as the city is concerned, Officer Hanson is still on active duty with the military," Reed said.
"Any personnel action will be deferred to such time as he has his day in court."
Hanson posted $5,000 bail on Friday.
The court on Tuesday modified Hanson's conditions of release, lifting curfew and travel restrictions, and imposed a one-year sexual assault protection order.
New information filed in the case includes a detective's interview with the 12-year-old girl and e-mail correspondence she had with Hanson.
Court documents
According to court documents:
A three-month investigation by the Clallam County Sheriff's Department Criminal Investigations Bureau uncovered phone records and e-mail exchanges between Hanson and the girl.
Hanson was the arresting officer in a case in which the girl, who is unidentified because of her age and the nature of the charge, was sexually assaulted two years ago.
Casey Shoop, 21, was charged with first degree child rape, first degree kidnapping and second-degree assault. He was booked January 2008, and remains in custody at the Clallam County jail on $100,000 bail.
Hanson was initially asked to patrol the girl's neighborhood because she suffered from anxiety.
The girl told investigators that Hanson became less professional, and that her friends and family became suspicious. She said she already had a bad experience -- and now a police officer was talking the same way.
She told a sheriff's investigator that Hanson hugged her around the waist and kissed her repeatedly when he was off duty and after he had returned from military training in Yakima.
According to phone records in the case file, the victim initiated seven out of 10 calls totaling 217 minutes between June 26, 2008 and July 6, 2008.
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http://www.seattlepi.com/local/6420ap_wa_forks_officer_charged.html
FBI Investigating Case of Alleged Brutality by Lumberton Police
The FBI has opened a civil rights investigation into the death of a man whose family alleges he died because Lumberton police officers beat him.
FBI spokeswoman Shauna Dunlap confirmed the investigation Thursday by phone, but cautioned that opening a case does not mean there was wrong-doing.
``One of the reasons we do confirm these types of investigations is so the community has extra reassurance,'' Dunlap said.
The family of Kevin Jibreel LaDay, 35, alleges that officers beat him to death after his car ran into a ditch in Lumberton.
``They beat my child,'' said Kevin's mother, Sandra LaDay of Port Arthur.Lumberton Police Chief Danny Sullins said by phone Thursday that he ``strongly denies'' that allegation.
``He was not beaten, I'll tell you that right now,'' Sullins said. ``I can tell you that did not occur.''
LaDay was driving in Lumberton when his car ended up in a ditch on the side of Pine Burr.
Police got a call about the car about 3:30 a.m., according to a news release from Sullins.
When two Lumberton officers arrived, they saw LaDay walking from behind the nearby DuPont Goodrich Credit Union.
According to Sullins' release, LaDay ran from the officers.
The officers caught LaDay, and he began to fight them, Sullins said. Officers were able to ``gain control'' of LaDay after a ``lengthy altercation,'' according to Sullins release.
The officers called EMS to the scene and LaDay was transported to Christus St. Elizabeth Hospital where he was pronounced dead.
Two Hardin County Sheriff's deputies were also on the scene after responding to an ``officer in distress'' call, said Sheriff Ed Cain by phone.
``It's not my belief that anyone beat anyone,'' he said.
An autopsy has been ordered.
Sandra LaDay has a different set of facts.
She said her son, who had been living with a sister in Beaumont, called her at 3:47 a.m. to tell her the older model Geo was in the ditch. He had been visiting a friend in Lumberton.
While she was on the phone with him, the police drove up, she said.
``All of a sudden, he said, `don't do that, don't do that,''' LaDay said by phone. ``I said, `who you talking to, baby?' And then the phone just went silent.' ''
LaDay believes that the officers beat Kevin LaDay, causing his death. She has hired onetime Rodney King lawyer Milton Grimes of Los Angeles to represent the family in the lawsuit she plans to file.
LaDay said she also has contacted the Black Panthers, which plans a march in Lumberton on Monday; Al Sharpton; President Barack Obama's administration and the FBI.
The family plans to have a second autopsy done.
``I've been doing the necessary things,'' LaDay said. ``I won't let it go down like this.''
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http://www.chron.com/disp/story.mpl/ap/tx/6402488.html
FBI spokeswoman Shauna Dunlap confirmed the investigation Thursday by phone, but cautioned that opening a case does not mean there was wrong-doing.
``One of the reasons we do confirm these types of investigations is so the community has extra reassurance,'' Dunlap said.
The family of Kevin Jibreel LaDay, 35, alleges that officers beat him to death after his car ran into a ditch in Lumberton.
``They beat my child,'' said Kevin's mother, Sandra LaDay of Port Arthur.Lumberton Police Chief Danny Sullins said by phone Thursday that he ``strongly denies'' that allegation.
``He was not beaten, I'll tell you that right now,'' Sullins said. ``I can tell you that did not occur.''
LaDay was driving in Lumberton when his car ended up in a ditch on the side of Pine Burr.
Police got a call about the car about 3:30 a.m., according to a news release from Sullins.
When two Lumberton officers arrived, they saw LaDay walking from behind the nearby DuPont Goodrich Credit Union.
According to Sullins' release, LaDay ran from the officers.
The officers caught LaDay, and he began to fight them, Sullins said. Officers were able to ``gain control'' of LaDay after a ``lengthy altercation,'' according to Sullins release.
The officers called EMS to the scene and LaDay was transported to Christus St. Elizabeth Hospital where he was pronounced dead.
Two Hardin County Sheriff's deputies were also on the scene after responding to an ``officer in distress'' call, said Sheriff Ed Cain by phone.
``It's not my belief that anyone beat anyone,'' he said.
An autopsy has been ordered.
Sandra LaDay has a different set of facts.
She said her son, who had been living with a sister in Beaumont, called her at 3:47 a.m. to tell her the older model Geo was in the ditch. He had been visiting a friend in Lumberton.
While she was on the phone with him, the police drove up, she said.
``All of a sudden, he said, `don't do that, don't do that,''' LaDay said by phone. ``I said, `who you talking to, baby?' And then the phone just went silent.' ''
LaDay believes that the officers beat Kevin LaDay, causing his death. She has hired onetime Rodney King lawyer Milton Grimes of Los Angeles to represent the family in the lawsuit she plans to file.
LaDay said she also has contacted the Black Panthers, which plans a march in Lumberton on Monday; Al Sharpton; President Barack Obama's administration and the FBI.
The family plans to have a second autopsy done.
``I've been doing the necessary things,'' LaDay said. ``I won't let it go down like this.''
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http://www.chron.com/disp/story.mpl/ap/tx/6402488.html
Hearing Postponed for Officer Anthony Maio
A court hearing on whether to grant a special form of probation to a police officer accused of groping two women was postponed Wednesday, as the city, police union and the officer’s lawyer discuss a potential deal under which he would leave the force.
Officer Anthony Maio, 41, came to court with his wife and several colleagues who might have been called as character witnesses in the 13-year veteran’s application for accelerated rehabilitation, but at the last minute the hearing was postponed until May 26.
In the hallway afterward, Senior Assistant State’s Attorney Eugene Calistro explained that there were still some aspects of the case that needed to be examined. He also indicated that the two alleged victims, in conversations with him and the court victim advocate, had voiced conditions they wanted to have met before they would support accelerated rehabilitation — commonly referred to as A.R. — which would leave Maio without a criminal record if he successfully completes the probation.
“They have set a position, but because it’s a pending case I’m obligated not to disclose it,” said Calistro.
There was an implication, however, that the women’s concerns might be resolved by the ongoing discussions between the city and Maio.
Maoi’s defense attorney, Tim Pothin, said his client and the city are working on the framework of an agreement that he believes is in Maio’s best interest and would “put me in a better position to argue for A.R.”
Maio, of Durham, doesn’t have enough time on the job to retire. Under the union contract, an officer can receive an age annuity pension after 20 years on the force, although officers with as few as 15 years can trade in unused sick time to make up the difference. Maio remains about 1 1/2 years shy of the minimum threshold, but in one recent case involving another officer facing criminal charges, the city and union struck a deal for the detective to serve a one-year unpaid suspension so he could get a pension.
Craig Manemeit, the city’s director of labor relations, wouldn’t say whether the city was considering a similar deal for Maio, but did confirm that the city is “speaking with the union and Maio’s employment counsel and we are trying to come up with a resolution that’s best for all parties.”
Contacted Wednesday afternoon, Calistro said if a deal was struck that would remove Maio from the force, “it may address the conditions that the two young women were looking for.”
Maio is accused of leading the two women, both college students, upstairs while he was on duty and in uniform at an extra duty assignment at Bar, a nightclub at 245 Crown St., and groping them inside an employee bathroom. He faces two counts each of fourth-degree sexual assault and unlawful restraint.
Maio has denied the allegations and has remained on paid administrative leave from the department since his arrest last June.
The department has brought internal charges for departmental violations against Maio but, even if it wanted to, can’t move forward with a disciplinary hearing before the Board of Police Commissioners until the criminal case is adjudicated.
“I can’t hold a hearing,” said Manemeit, referring to Rule 16 of the department manual, which states that if an accused officer is a defendant in a directly related criminal case, the department “shall not hold a hearing to handle the civilian complaint” unless the accused officer agrees, which Maio has not.
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Officer Anthony Maio, 41, came to court with his wife and several colleagues who might have been called as character witnesses in the 13-year veteran’s application for accelerated rehabilitation, but at the last minute the hearing was postponed until May 26.
In the hallway afterward, Senior Assistant State’s Attorney Eugene Calistro explained that there were still some aspects of the case that needed to be examined. He also indicated that the two alleged victims, in conversations with him and the court victim advocate, had voiced conditions they wanted to have met before they would support accelerated rehabilitation — commonly referred to as A.R. — which would leave Maio without a criminal record if he successfully completes the probation.
“They have set a position, but because it’s a pending case I’m obligated not to disclose it,” said Calistro.
There was an implication, however, that the women’s concerns might be resolved by the ongoing discussions between the city and Maio.
Maoi’s defense attorney, Tim Pothin, said his client and the city are working on the framework of an agreement that he believes is in Maio’s best interest and would “put me in a better position to argue for A.R.”
Maio, of Durham, doesn’t have enough time on the job to retire. Under the union contract, an officer can receive an age annuity pension after 20 years on the force, although officers with as few as 15 years can trade in unused sick time to make up the difference. Maio remains about 1 1/2 years shy of the minimum threshold, but in one recent case involving another officer facing criminal charges, the city and union struck a deal for the detective to serve a one-year unpaid suspension so he could get a pension.
Craig Manemeit, the city’s director of labor relations, wouldn’t say whether the city was considering a similar deal for Maio, but did confirm that the city is “speaking with the union and Maio’s employment counsel and we are trying to come up with a resolution that’s best for all parties.”
Contacted Wednesday afternoon, Calistro said if a deal was struck that would remove Maio from the force, “it may address the conditions that the two young women were looking for.”
Maio is accused of leading the two women, both college students, upstairs while he was on duty and in uniform at an extra duty assignment at Bar, a nightclub at 245 Crown St., and groping them inside an employee bathroom. He faces two counts each of fourth-degree sexual assault and unlawful restraint.
Maio has denied the allegations and has remained on paid administrative leave from the department since his arrest last June.
The department has brought internal charges for departmental violations against Maio but, even if it wanted to, can’t move forward with a disciplinary hearing before the Board of Police Commissioners until the criminal case is adjudicated.
“I can’t hold a hearing,” said Manemeit, referring to Rule 16 of the department manual, which states that if an accused officer is a defendant in a directly related criminal case, the department “shall not hold a hearing to handle the civilian complaint” unless the accused officer agrees, which Maio has not.
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Officer Marcus Lemacks Arrested for Giving Alcohol to Minors
A Leesburg police officer was fired after his arrest for providing alcohol to minors.
Sheriff's Deputies arrested officer Marcus Lemacks on Monday and charged him with three counts of providing alcohol to an underage person.
Investigators say the 38-year old bought and drank beer with three people under the age of 21 on Saturday.
Major Chris Owens said, "We're trying to help protect those people each and everyday. We certainly didn't want one of our own fellow law enforcement officers to be in the middle of something like this."
He was fired from the Leesburg Police Department on Tuesday. He had worked there for a little more than a year.
Sheriff's Deputies arrested officer Marcus Lemacks on Monday and charged him with three counts of providing alcohol to an underage person.
Investigators say the 38-year old bought and drank beer with three people under the age of 21 on Saturday.
Major Chris Owens said, "We're trying to help protect those people each and everyday. We certainly didn't want one of our own fellow law enforcement officers to be in the middle of something like this."
He was fired from the Leesburg Police Department on Tuesday. He had worked there for a little more than a year.
Former Officer Michael Robinson Charged with Brandishing Gun at Motorist
A former Inglewood police officer was charged Wednesday with child abuse and brandishing a gun at another motorist during a freeway confrontation last year, prosecutors said.
Officer Michael Lewis Robinson, 44, surrendered to the California Highway Patrol on Wednesday and was later released on $100,000 bail.
According to the prosecutor on the case, Robinson was off-duty and driving on the 405 Freeway with his children -- ages 6 and 11 -- when he allegedly flashed a firearm in a threatening manner at another driver. Prosecutors said the confrontation occurred March 31, 2008.
In addition to one count of brandishing a weapon and two counts of child abuse, Robinson was charged with one misdemeanor count of obstructing CHP officers. If convicted, Robinson faces a maximum of nine years in prison, according to the Los Angeles County district attorney's office. He is scheduled to be arraigned May 15.
Police spokesman Lt. Mike McBride said Robinson has not been an employee of the department for about a month, but declined to give details, saying that he could not discuss personnel matters.
John Baca, president of the Inglewood police officers' union, declined to discuss the case.
The 200-strong police force has been besieged in recent years by allegations that its officers used excessive force and shot at unarmed suspects. A Times investigation last December found that officers repeatedly resorted to physical or deadly force against suspects who were unarmed or accused of minor offenses. During a four-month period in 2008, Inglewood officers fatally shot four suspects -- three of whom were unarmed.
The U.S. Department of Justice last month announced that it was launching a civil rights inquiry into the department.
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http://www.mercurynews.com/breakingnews/ci_12256766
Officer Michael Lewis Robinson, 44, surrendered to the California Highway Patrol on Wednesday and was later released on $100,000 bail.
According to the prosecutor on the case, Robinson was off-duty and driving on the 405 Freeway with his children -- ages 6 and 11 -- when he allegedly flashed a firearm in a threatening manner at another driver. Prosecutors said the confrontation occurred March 31, 2008.
In addition to one count of brandishing a weapon and two counts of child abuse, Robinson was charged with one misdemeanor count of obstructing CHP officers. If convicted, Robinson faces a maximum of nine years in prison, according to the Los Angeles County district attorney's office. He is scheduled to be arraigned May 15.
Police spokesman Lt. Mike McBride said Robinson has not been an employee of the department for about a month, but declined to give details, saying that he could not discuss personnel matters.
John Baca, president of the Inglewood police officers' union, declined to discuss the case.
The 200-strong police force has been besieged in recent years by allegations that its officers used excessive force and shot at unarmed suspects. A Times investigation last December found that officers repeatedly resorted to physical or deadly force against suspects who were unarmed or accused of minor offenses. During a four-month period in 2008, Inglewood officers fatally shot four suspects -- three of whom were unarmed.
The U.S. Department of Justice last month announced that it was launching a civil rights inquiry into the department.
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http://www.mercurynews.com/breakingnews/ci_12256766
Judge Christine McEvoy Held up by Officer During Booking
A prominent judge arrested earlier this month in Lexington for drunken driving was held up by a police officer at her booking because “she was unsteady while walking or standing” after drinking at a 99 pub, according to Concord District Court records.
A high-heeled Superior Court Judge Christine M. McEvoy told Lexington police who stopped her 2007 Audi sedan just after 10:30 p.m. on April 15 she was headed home to Belmont from the 99 Restaurant and Pub in Woburn, where she’d had “a couple glasses of wine,” the arresting officers’ reports state.
But court filings obtained by the Herald yesterday show McEvoy, 58, who has been sitting in civil sessions at Middlesex Superior Court in Woburn, was followed down Route 128 south and onto Route 2A by a concerned Samaritan, who first notified state police about her alleged “erratic” driving, then sought out a Lexington cop to get her off the road.
The Registry of Motor Vehicles has suspended McEvoy’s license for 180 days for refusing a Breathalyzer test. Police reported she also refused to participate in field sobriety tests and wouldn’t even let a cop check her “glassy and bloodshot” eyes with a horizontal gaze nystagmus test because, the officer reported, “she responded that she did not believe in it".
She also told police she’d had hip surgery “and could not balance on one leg.”
McEvoy, who is charged with operating under the influence of alcohol and violating marked lanes, is due back in district court May 8 for a pretrial hearing. Her attorney, William H. Kettlewell, did not return a call yesterday seeking comment. Immediately after her arrest, McEvoy asked Superior Court Chief Justice Barbara J. Rouse to steer her clear of any civil or criminal cases involving drunken driving.
The Lexington officer who followed McEvoy on Waltham Street at the Samaritan’s urging noted in his report he observed her car “swerve within its own travel lane, touch the double yellow center line then at a later point completely cross over the double yellow center line.”
When he first rapped on the Audi’s driver’s window, he said McEvoy “did not react for a few seconds and then opened the door.” Her speech was “slurred,” he said.
McEvoy’s driving history includes three surchargeable accidents since 1994 and a speeding stop in Marshfield in 1991, according to RMV records.
A high-heeled Superior Court Judge Christine M. McEvoy told Lexington police who stopped her 2007 Audi sedan just after 10:30 p.m. on April 15 she was headed home to Belmont from the 99 Restaurant and Pub in Woburn, where she’d had “a couple glasses of wine,” the arresting officers’ reports state.
But court filings obtained by the Herald yesterday show McEvoy, 58, who has been sitting in civil sessions at Middlesex Superior Court in Woburn, was followed down Route 128 south and onto Route 2A by a concerned Samaritan, who first notified state police about her alleged “erratic” driving, then sought out a Lexington cop to get her off the road.
The Registry of Motor Vehicles has suspended McEvoy’s license for 180 days for refusing a Breathalyzer test. Police reported she also refused to participate in field sobriety tests and wouldn’t even let a cop check her “glassy and bloodshot” eyes with a horizontal gaze nystagmus test because, the officer reported, “she responded that she did not believe in it".
She also told police she’d had hip surgery “and could not balance on one leg.”
McEvoy, who is charged with operating under the influence of alcohol and violating marked lanes, is due back in district court May 8 for a pretrial hearing. Her attorney, William H. Kettlewell, did not return a call yesterday seeking comment. Immediately after her arrest, McEvoy asked Superior Court Chief Justice Barbara J. Rouse to steer her clear of any civil or criminal cases involving drunken driving.
The Lexington officer who followed McEvoy on Waltham Street at the Samaritan’s urging noted in his report he observed her car “swerve within its own travel lane, touch the double yellow center line then at a later point completely cross over the double yellow center line.”
When he first rapped on the Audi’s driver’s window, he said McEvoy “did not react for a few seconds and then opened the door.” Her speech was “slurred,” he said.
McEvoy’s driving history includes three surchargeable accidents since 1994 and a speeding stop in Marshfield in 1991, according to RMV records.
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