A former New York state trooper has been charged with possession of stolen property after a lengthy investigation into a stolen jeep, according to New York State Police.
Robert W.Czora, 41, of Morrisonville, was arrested Wednesday after police said they found stolen items at his home.
The arrest was a result of an investigation that began Jan. 20 when a 2007 Jeep Wrangler was reported stolen from the dealer lot of Mountain View Motors in Plattsburgh, police said. The Jeep was recovered two days later with the wheels and tires missing.
On May 29, while executing a search warrant on Czora's residence on an unrelated matter, police said they said Jeep wheels and Bridgestone Dueler tires underneath a rear deck of Czora's home.
The wheels and tires were taken as evidence and were identified by the owner of Mountain View Motors as the stolen tires.
Czora was released on an appearance ticket and is due back in court June 11.
Czora pleaded guilty to official misconduct in 2007 after he pulled a woman over and told her to pay him $300. Police said Czora told the woman he needed her to pay the money as bail for a speeding ticket.
In court, Czora said he returned the money to the woman after he found inquiries were being made into the case.
Czora was based out of the Valcour State Police barracks for 15 years, but was suspended after the incident.
Police are asking anyone who has purchased items from Czora online or personally in Vermont or New York to call police at 518-561-3761.
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Other Stories:
November 29, 2007: Trooper Pleads Guilty In Official Misconduct Case
November 16, 2007: Trooper Arrested For Official Misconduct
October 31, 2007: State Trooper Suspended
Wednesday, June 03, 2009
Former Officer Michael Miles Accused of Having Sex with 14-Year-Old Boy
A former police officer and volunteer teacher was arrested Tuesday, accused of having sex with a 14-year-old boy. Michael Gregory Miles was an officer with the Oak Hill Police Department.
Eyewitness News learned the school did not do a background check on Miles before he started working with kids. Miles is related to the school's owners.
Michael Miles was a police officer, he was family and he was trusted, but the relationship he started with a 14-year-old boy from Edgewater's Private Discovery Academy, has led to three felony charges against the former officer.
"You would never think he was creepy or anything like that, where you would think something was going on. Never, never in a million years," said administrator Nancy Solman.
Edgewater investigators said the affair started at the school last year, after Miles had resigned as an officer.
Court documents show the boy was at Spruce Creek High School in April when he revealed the affair to classmates.
He and Miles then told police everything. They said they met first in the parking lot of a local grocery store.
Later, it was a more secluded place, a heavily wooded area in a residential neighborhood. They used email and MySpace to set up the meetings.
"With him, you would have never thought anything because he was with law enforcement. That's the whole thing; he had that whole law enforcement background," said Solman.
The school has cameras inside and officials said Miles was supervised when he was with students.
Police say they don't have any reason to believe there are any other victims. These are not the first charges against Miles.
He is supposed to be in court later this week on charges of grand theft and impersonating a police officer, something he's accused of doing after he quit as an officer in Oak Hill.
Eyewitness News learned the school did not do a background check on Miles before he started working with kids. Miles is related to the school's owners.
Michael Miles was a police officer, he was family and he was trusted, but the relationship he started with a 14-year-old boy from Edgewater's Private Discovery Academy, has led to three felony charges against the former officer.
"You would never think he was creepy or anything like that, where you would think something was going on. Never, never in a million years," said administrator Nancy Solman.
Edgewater investigators said the affair started at the school last year, after Miles had resigned as an officer.
Court documents show the boy was at Spruce Creek High School in April when he revealed the affair to classmates.
He and Miles then told police everything. They said they met first in the parking lot of a local grocery store.
Later, it was a more secluded place, a heavily wooded area in a residential neighborhood. They used email and MySpace to set up the meetings.
"With him, you would have never thought anything because he was with law enforcement. That's the whole thing; he had that whole law enforcement background," said Solman.
The school has cameras inside and officials said Miles was supervised when he was with students.
Police say they don't have any reason to believe there are any other victims. These are not the first charges against Miles.
He is supposed to be in court later this week on charges of grand theft and impersonating a police officer, something he's accused of doing after he quit as an officer in Oak Hill.
Tuesday, June 02, 2009
Thomas Newell Runs Program that Combats Drunk Driving Arrested for DUI
The man who runs Sonoma County's program that combats drunken driving has been arrested on suspicion of driving under the influence of drugs, police said.
Thomas Newell, 53, was arrested in Santa Rosa about 3 p.m. Friday after an off-duty firefighter spotted a Mercedes-Benz driving recklessly on Bodega Highway, according to the California Highway Patrol.
The firefighter flagged down a Sonoma County sheriff's deputy, who pulled Newell over, the CHP said. A CHP officer responded as well and concluded that Newell was under the influence of a drug, authorities said.
Newell was arrested and booked into Sonoma County Jail. The results of a blood test will not be available for several weeks, said CHP Officer Jonathan Sloat.
Newell manages the county Health Services Department's programs on driving under the influence and drug treatment, according to the agency's Web site.
Thomas Newell, 53, was arrested in Santa Rosa about 3 p.m. Friday after an off-duty firefighter spotted a Mercedes-Benz driving recklessly on Bodega Highway, according to the California Highway Patrol.
The firefighter flagged down a Sonoma County sheriff's deputy, who pulled Newell over, the CHP said. A CHP officer responded as well and concluded that Newell was under the influence of a drug, authorities said.
Newell was arrested and booked into Sonoma County Jail. The results of a blood test will not be available for several weeks, said CHP Officer Jonathan Sloat.
Newell manages the county Health Services Department's programs on driving under the influence and drug treatment, according to the agency's Web site.
72-Year-Old Great Grandmother Tasered for Speeding
A traffic stop for speeding in Travis County, Texas, led to the Tasering of a 72-year-old great-grandmother by a deputy. Feisty Kathryn Winkfein apparently so frightened the law-enforcement officer when she "used some profanity" and "got violent" that he felt it necessary to subdue her with a potentially dangerous jolt of electricity.
Winkfein was reportedly doing 60 in a construction zone where the posted speed limit was 45 when she was pulled over. She was ticketed but declined to sign the ticket, leading the police officer to place her under arrest lest civilization collapse for want of the surrender of a penny's worth of ink.
At this point, the stories diverge. According to Precinct 3 Constable Richard McCain, Winkfein cursed and refused to cooperate. She says nothing of the sort occurred. "I wasn't argumentative, I was not combative. This is a lie," the woman told a news reporter for Fox 7.
Either way, it's difficult to see how the issuance of a speeding ticket to an elderly woman devolved to the point where a grown, trained law-enforcement officer could be considered justified in subjecting the speeder to an electric jolt intended to disrupt her nervous system -- no matter what command of profanity she displayed.
Given that the speeding ticket had already been issued, it's also difficult to understand what purpose was served by prolonging the encounter and demanding a signature. A similar incident in Utah in 2007 between a state trooper and a motorist also resulted in a Tasering after the driver declined to sign a speeding ticket. In that case, the officer escalated the matter to a violent conclusion even though Utah law doesn't actually require a signature. Texas law apparently follows the same reasoning, considering the signature merely a promise to appear in court, not a necessity for the validity of the ticket itself.
Jared Massey, the Utah motorist, was ultimately awarded $40,000 as compensation for the abuse he suffered at the hands of Trooper Jon Gardner.
After being Tasered along the road for failing to put pen to paper, Kathryn Winkfein was taken to jail and booked for resisting arrest and detention. Not surprisingly, she's hired a lawyer.
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other information: http://www.drudge.com/news/121622/72-year-old-tasered-traffic-stop
youtube video: http://www.youtube.com/watch?v=15YExclX4Gc
Winkfein was reportedly doing 60 in a construction zone where the posted speed limit was 45 when she was pulled over. She was ticketed but declined to sign the ticket, leading the police officer to place her under arrest lest civilization collapse for want of the surrender of a penny's worth of ink.
At this point, the stories diverge. According to Precinct 3 Constable Richard McCain, Winkfein cursed and refused to cooperate. She says nothing of the sort occurred. "I wasn't argumentative, I was not combative. This is a lie," the woman told a news reporter for Fox 7.
Either way, it's difficult to see how the issuance of a speeding ticket to an elderly woman devolved to the point where a grown, trained law-enforcement officer could be considered justified in subjecting the speeder to an electric jolt intended to disrupt her nervous system -- no matter what command of profanity she displayed.
Given that the speeding ticket had already been issued, it's also difficult to understand what purpose was served by prolonging the encounter and demanding a signature. A similar incident in Utah in 2007 between a state trooper and a motorist also resulted in a Tasering after the driver declined to sign a speeding ticket. In that case, the officer escalated the matter to a violent conclusion even though Utah law doesn't actually require a signature. Texas law apparently follows the same reasoning, considering the signature merely a promise to appear in court, not a necessity for the validity of the ticket itself.
Jared Massey, the Utah motorist, was ultimately awarded $40,000 as compensation for the abuse he suffered at the hands of Trooper Jon Gardner.
After being Tasered along the road for failing to put pen to paper, Kathryn Winkfein was taken to jail and booked for resisting arrest and detention. Not surprisingly, she's hired a lawyer.
__________________
other information: http://www.drudge.com/news/121622/72-year-old-tasered-traffic-stop
youtube video: http://www.youtube.com/watch?v=15YExclX4Gc
Monday, June 01, 2009
Corporal Darrin Opaitz Accused of Sexually Assaulting Two Women
A Lubbock Police officer has been accused of sexually assaulting two Lubbock area women.
We have obtained a partial copy of the Texas Rangers investigation report through an open records. It names Lubbock Police Corporal Darrin Opaitz as the suspect. Lubbock Police say he's still on paid administrative leave.
According to the Texas Rangers investigation report, the first assault occurred on November, 26th, 2008, presumed to have been committed by a person employed as a Lubbock Police Department officer.
According to the documents, a Lubbock Police detective and Texas Ranger assisted in interviewing the first victim. She's identified in the files as "Cindy", which is not her real name. The papers say "Cindy" was reluctant to provide investigators with the name of the perpetrator. She claimed to have no memory of the events leading up to her injuries and sexual assault.
Back in December detectives called "Cindy" to discuss the status of the investigation. According to the documents the victim stated, "She did not wish to pursue criminal charges in this investigation." She also declined to make a statement and refused to divulge the name of the suspect.
At that point the file was closed by investigators. But on March 6th, 2009 the case was reopened by detectives after they met with "Cindy" at Covenant Hospital and obtained a recorded statement from her.
On March 26th, investigators met with a second victim who claimed to have been sexually assaulted by Darrin Opaitz. The assault reportedly occurred back in July 2008.
Lubbock Police tell us they can't comment on a Texas Rangers investigation and by law they can't comment on a possible internal affairs investigation either.
Opaitz is not charged with a crime. It's possible that he could be charged or cleared at the conclusion of the Texas Rangers investigation.
We have obtained a partial copy of the Texas Rangers investigation report through an open records. It names Lubbock Police Corporal Darrin Opaitz as the suspect. Lubbock Police say he's still on paid administrative leave.
According to the Texas Rangers investigation report, the first assault occurred on November, 26th, 2008, presumed to have been committed by a person employed as a Lubbock Police Department officer.
According to the documents, a Lubbock Police detective and Texas Ranger assisted in interviewing the first victim. She's identified in the files as "Cindy", which is not her real name. The papers say "Cindy" was reluctant to provide investigators with the name of the perpetrator. She claimed to have no memory of the events leading up to her injuries and sexual assault.
Back in December detectives called "Cindy" to discuss the status of the investigation. According to the documents the victim stated, "She did not wish to pursue criminal charges in this investigation." She also declined to make a statement and refused to divulge the name of the suspect.
At that point the file was closed by investigators. But on March 6th, 2009 the case was reopened by detectives after they met with "Cindy" at Covenant Hospital and obtained a recorded statement from her.
On March 26th, investigators met with a second victim who claimed to have been sexually assaulted by Darrin Opaitz. The assault reportedly occurred back in July 2008.
Lubbock Police tell us they can't comment on a Texas Rangers investigation and by law they can't comment on a possible internal affairs investigation either.
Opaitz is not charged with a crime. It's possible that he could be charged or cleared at the conclusion of the Texas Rangers investigation.
Officer Jason Neal Charged with Fraud
An Alexandria Police officer was arrested Monday and charged with fraud.
Jason Neal, who has been on sick leave with the department for several months, was charged with public payroll fraud.
Police Chief Daren Coutee said the investigation into Neal began over the weekend and remains active.
Neal was on sick leave from the department and drawing payment from the city but was working a second job, Coutee said.
Neal turned himself in and was arrested without incident. He was released from the Rapides Parish Jail on Monday.
Coutee said Neal had been with the department a short time as he'd had several military deployments since he began.
Jason Neal, who has been on sick leave with the department for several months, was charged with public payroll fraud.
Police Chief Daren Coutee said the investigation into Neal began over the weekend and remains active.
Neal was on sick leave from the department and drawing payment from the city but was working a second job, Coutee said.
Neal turned himself in and was arrested without incident. He was released from the Rapides Parish Jail on Monday.
Coutee said Neal had been with the department a short time as he'd had several military deployments since he began.
Former Officer James Formato, Officer Dino Vitalo & Others Arrested for Armed Robberies
A reputed mob boss, a police officer and five other men were charged Thursday in a sweeping racketeering indictment that alleges eight years of armed robberies, burglaries, jewel thefts and arson based in the western suburbs of Chicago.
Michael "The Large Guy" Sarno, 51, of Westchester allegedly masterminded much of the group's illegal activity, including a February 2003 pipe-bomb explosion that wrecked the storefront offices of a company distributing video poker machines.
Prosecutors say the bombing was a message from organized crime to stop intruding on its $13-million-a-year video poker gambling business.
Sarno, 51, went to prison in the early 1990s as a member of an organized crime family based in the western suburbs headed by Ernest Rocco Infelice.
Federal agents searched Sarno's home last July and also raided the headquarters and various hangouts of the Outlaws Motorcycle Club. An alliance has developed between the violence-prone club and the Chicago mob, prosecutors say.
Sarno's attorney, Terence P. Gillespie, did not return a message for comment. But he said in a previous interview with The Associated Press that Sarno was not a mob member and was "a legitimate businessman."
Two men arrested the day of the July 2008 searches and later indicted, Mark Polchan, 41, an acknowledged member of the Outlaws, and Samuel Volpendesto, 85, were also charged in the fresh indictment. They are accused of setting off the bomb that demolished C&S Coin Operated Amusements of Berwyn, a video poker device distributor.
At the time, a video poker distributing company controlled by members and associates of the Chicago mob had a grip on the market for the devices, experts say.
Video poker devices are legal in Illinois if they are not used for gambling, but bartenders often pay winners under the table in many places and experts say the mob frequently takes a healthy cut of what the machines take in.
Gov. Pat Quinn is deciding whether to sign a bill to make video poker gambling legal to finance public works — something good government forces deplore. They say the machines are addictive and some breadwinners have gambled away their paychecks.
Also charged in the indictment:
—James Formato, 42, a former Berwyn police officer accused of serving as a courier for stolen money, taking part in an attempted robbery and other crimes.
—Mark Hay, 52, described as taking part in the robbery of jewelry stores.
—Anthony Volpendesto, 46, son of Samuel Volpendesto, who also is alleged to have taken part in robbing jewelry stores.
—Dino Vitalo, 40, a Cicero police officer since 1991, accused of searching law enforcement data bases and using the information to tip off criminals and searching for electronic surveillance equipment around a jewelry store operated by Polchan. Cicero officials on Thursday placed Vitalo on administrative leave.
Prosecutors are asking the court to force the defendants if convicted to forfeit $1.8 million — a possible measure of the amount taken in the robberies.
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http://abclocal.go.com/wls/story?section=news/local&id=6844795
Michael "The Large Guy" Sarno, 51, of Westchester allegedly masterminded much of the group's illegal activity, including a February 2003 pipe-bomb explosion that wrecked the storefront offices of a company distributing video poker machines.
Prosecutors say the bombing was a message from organized crime to stop intruding on its $13-million-a-year video poker gambling business.
Sarno, 51, went to prison in the early 1990s as a member of an organized crime family based in the western suburbs headed by Ernest Rocco Infelice.
Federal agents searched Sarno's home last July and also raided the headquarters and various hangouts of the Outlaws Motorcycle Club. An alliance has developed between the violence-prone club and the Chicago mob, prosecutors say.
Sarno's attorney, Terence P. Gillespie, did not return a message for comment. But he said in a previous interview with The Associated Press that Sarno was not a mob member and was "a legitimate businessman."
Two men arrested the day of the July 2008 searches and later indicted, Mark Polchan, 41, an acknowledged member of the Outlaws, and Samuel Volpendesto, 85, were also charged in the fresh indictment. They are accused of setting off the bomb that demolished C&S Coin Operated Amusements of Berwyn, a video poker device distributor.
At the time, a video poker distributing company controlled by members and associates of the Chicago mob had a grip on the market for the devices, experts say.
Video poker devices are legal in Illinois if they are not used for gambling, but bartenders often pay winners under the table in many places and experts say the mob frequently takes a healthy cut of what the machines take in.
Gov. Pat Quinn is deciding whether to sign a bill to make video poker gambling legal to finance public works — something good government forces deplore. They say the machines are addictive and some breadwinners have gambled away their paychecks.
Also charged in the indictment:
—James Formato, 42, a former Berwyn police officer accused of serving as a courier for stolen money, taking part in an attempted robbery and other crimes.
—Mark Hay, 52, described as taking part in the robbery of jewelry stores.
—Anthony Volpendesto, 46, son of Samuel Volpendesto, who also is alleged to have taken part in robbing jewelry stores.
—Dino Vitalo, 40, a Cicero police officer since 1991, accused of searching law enforcement data bases and using the information to tip off criminals and searching for electronic surveillance equipment around a jewelry store operated by Polchan. Cicero officials on Thursday placed Vitalo on administrative leave.
Prosecutors are asking the court to force the defendants if convicted to forfeit $1.8 million — a possible measure of the amount taken in the robberies.
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http://abclocal.go.com/wls/story?section=news/local&id=6844795
Sunday, May 31, 2009
New Orleans Police Sgt Charged with Raping Step Children
A New Orleans police sergeant was charged this week with three counts of rape and three counts of incest.
A St. Tammany Parish grand jury on Wednesday indicted the 51-year-old Slidell-area man. All three counts stemmed from alleged incidents with his two stepdaughters and his stepson, authorities said.
The Times-Picayune is withholding the man's name to protect the identity of his victims. Authorities would not disclose the age of the victims, but cases in which a victim is under the age of 13 fall under the state's definition of aggravated rape.
Investigators began looking into the allegations in December after one of the sergeant's stepchildren told a teacher about the alleged incident, according to St. Tammany Parish Sheriff Jack Strain, who spoke to the press soon after the sergeant turned himself in on Jan. 15.
The sergeant, a 17-year veteran of the police force, was suspended on Jan 15 - the day of his arrest - but then was reinstated on Jan. 26 to administrative desk duty, where he is currently assigned, according to New Orleans Police Department spokesman Bob Young.
The NOPD's Public Integrity Bureau, which investigates police misconduct, has an ongoing investigation into the accusations, Young said.
The sergeant is expected to enter a plea of not guilty, according to Raymond Burkhart III, one of two private defense attorneys.
"The case is in its very early stages and we categorically deny the accusations being made," Burkhart said.
There is no indication the sergeant abused his position at NOPD to prey on others, Strain said.
The grand jury panel on Wednesday also indicted two other men on sex crimes.
Ryan Mitzell, 19, of Sun was charged with sexual battery for abusing a 7-year-old boy sometime between May 26 and June 1, 2008. The alleged abuse came to light after the victim, now 8, told a relative, who then told authorities, according to the district attorney's office.
In another case, a 20-year-old Covington man, was indicted with aggravated rape for allegedly abusing the five-year-old daughter of his girlfriend between July 20, 2006 and March 2, 2007.
Mississippi law enforcement officials uncovered the alleged abuse after investigating a separate alleged abuse of the victim's brother.
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http://blog.nola.com/tpnorthshore/2009/05/new_orleans_police_sergeant_ch.html
A St. Tammany Parish grand jury on Wednesday indicted the 51-year-old Slidell-area man. All three counts stemmed from alleged incidents with his two stepdaughters and his stepson, authorities said.
The Times-Picayune is withholding the man's name to protect the identity of his victims. Authorities would not disclose the age of the victims, but cases in which a victim is under the age of 13 fall under the state's definition of aggravated rape.
Investigators began looking into the allegations in December after one of the sergeant's stepchildren told a teacher about the alleged incident, according to St. Tammany Parish Sheriff Jack Strain, who spoke to the press soon after the sergeant turned himself in on Jan. 15.
The sergeant, a 17-year veteran of the police force, was suspended on Jan 15 - the day of his arrest - but then was reinstated on Jan. 26 to administrative desk duty, where he is currently assigned, according to New Orleans Police Department spokesman Bob Young.
The NOPD's Public Integrity Bureau, which investigates police misconduct, has an ongoing investigation into the accusations, Young said.
The sergeant is expected to enter a plea of not guilty, according to Raymond Burkhart III, one of two private defense attorneys.
"The case is in its very early stages and we categorically deny the accusations being made," Burkhart said.
There is no indication the sergeant abused his position at NOPD to prey on others, Strain said.
The grand jury panel on Wednesday also indicted two other men on sex crimes.
Ryan Mitzell, 19, of Sun was charged with sexual battery for abusing a 7-year-old boy sometime between May 26 and June 1, 2008. The alleged abuse came to light after the victim, now 8, told a relative, who then told authorities, according to the district attorney's office.
In another case, a 20-year-old Covington man, was indicted with aggravated rape for allegedly abusing the five-year-old daughter of his girlfriend between July 20, 2006 and March 2, 2007.
Mississippi law enforcement officials uncovered the alleged abuse after investigating a separate alleged abuse of the victim's brother.
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http://blog.nola.com/tpnorthshore/2009/05/new_orleans_police_sergeant_ch.html
California Federal Judge Rules Mandatory DNA Collection Constitutional
A California federal judge ruled Thursday that mandatory DNA collection for all individuals facing federal felony charges is constitutional, dealing a setback to civil liberties advocates.
U.S. District Court Judge Gregory G. Hollows upheld the DNA Fingerprint Act, a 2006 law which allows federal law enforcement officials to collect DNA from individuals "arrested, facing charges, or convicted" of federal offenses.
Previously, states throughout the country had a variety of different laws on the books regarding DNA collection---with most mandating testing only after a suspect had been convicted of a crime.
"The court holds that after a judicial or grand jury determination of probable cause has been made for felony criminal charges against a defendant, no Fourth Amendment or other Constitutional violation is caused by a universal requirement that a charged defendant in a felony case undergo a 'swab test,' or a blood test when necessary, for the purposes of DNA analysis to be used solely for criminal law enforcement, identification purposes," Judge Hollows wrote in his ruling.
Federal officials hailed the decision as a victory for law enforcement.
"We are very gratified with the ruling. DNA evidence has proved invaluable in both solving crimes and exonerating the innocent," said Acting United States Attorney Lawrence G. Brown.
At issue was the case of Jerry Albert Pool, a California man arrested in January for possession of child pornography. After his arrest, he refused to submit to a DNA test on the grounds that it violated his fourth amendment right against unreasonable search and seizure.
Hollows wrote that any individuals arrested upon probable cause has a "diminished expectation of privacy in his own identity." He added that DNA fingerprinting is a natural "technological progression" from the use of fingerprinting and photographs currently apart of the routine booking process.
But American Civil Liberties Union officials called Thursday's ruling "an incredible threat to civil liberties."
"We think this ruling is incorrect. It ignores the presumption of innocence and it does not pay enough attention to the protections of the Fourth Amendment of the U.S. Constitution," said Michael Risher, staff attorney with the ACLU of Northern California.
While the ACLU is not a party to the ongoing litigation, Risher says the organization is very concerned about the government creating a giant DNA database and using this law to falsely arrest individuals solely to obtain their DNA.
"This gives the police an enormous incentive if they are interested in somebody to simply arrest that person on pre-textual charges in order to get a DNA sample from them," he said.
"There is simply an enormous amount of information stored in our DNA," he added. "We don't know what the limits of that information are. What we do know is that technology is advancing and claims at least are being made that researchers can mine our DNA for an enormous amount of personal information about us."
In the ruling, however, Hollows said that increased DNA collection will actually "help to exculpate" individuals who were wrongfully convicted and said the 2006 law has adequate built-in protections to ensure that the DNA samples will not be improperly used.
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Other Information: http://www.cbsnews.com/blogs/2009/05/28/politics/politicalhotsheet/entry5047829.shtml
U.S. District Court Judge Gregory G. Hollows upheld the DNA Fingerprint Act, a 2006 law which allows federal law enforcement officials to collect DNA from individuals "arrested, facing charges, or convicted" of federal offenses.
Previously, states throughout the country had a variety of different laws on the books regarding DNA collection---with most mandating testing only after a suspect had been convicted of a crime.
"The court holds that after a judicial or grand jury determination of probable cause has been made for felony criminal charges against a defendant, no Fourth Amendment or other Constitutional violation is caused by a universal requirement that a charged defendant in a felony case undergo a 'swab test,' or a blood test when necessary, for the purposes of DNA analysis to be used solely for criminal law enforcement, identification purposes," Judge Hollows wrote in his ruling.
Federal officials hailed the decision as a victory for law enforcement.
"We are very gratified with the ruling. DNA evidence has proved invaluable in both solving crimes and exonerating the innocent," said Acting United States Attorney Lawrence G. Brown.
At issue was the case of Jerry Albert Pool, a California man arrested in January for possession of child pornography. After his arrest, he refused to submit to a DNA test on the grounds that it violated his fourth amendment right against unreasonable search and seizure.
Hollows wrote that any individuals arrested upon probable cause has a "diminished expectation of privacy in his own identity." He added that DNA fingerprinting is a natural "technological progression" from the use of fingerprinting and photographs currently apart of the routine booking process.
But American Civil Liberties Union officials called Thursday's ruling "an incredible threat to civil liberties."
"We think this ruling is incorrect. It ignores the presumption of innocence and it does not pay enough attention to the protections of the Fourth Amendment of the U.S. Constitution," said Michael Risher, staff attorney with the ACLU of Northern California.
While the ACLU is not a party to the ongoing litigation, Risher says the organization is very concerned about the government creating a giant DNA database and using this law to falsely arrest individuals solely to obtain their DNA.
"This gives the police an enormous incentive if they are interested in somebody to simply arrest that person on pre-textual charges in order to get a DNA sample from them," he said.
"There is simply an enormous amount of information stored in our DNA," he added. "We don't know what the limits of that information are. What we do know is that technology is advancing and claims at least are being made that researchers can mine our DNA for an enormous amount of personal information about us."
In the ruling, however, Hollows said that increased DNA collection will actually "help to exculpate" individuals who were wrongfully convicted and said the 2006 law has adequate built-in protections to ensure that the DNA samples will not be improperly used.
_______________
Other Information: http://www.cbsnews.com/blogs/2009/05/28/politics/politicalhotsheet/entry5047829.shtml
Saturday, May 30, 2009
Dead Dogs Found on Officer Matthew Beck's Property
The bodies of at least two dogs with gunshot wounds to the head were found Wednesday by police on the property of town Dog Control Officer Matthew Beck.
Town Supervisor Marilyn Douglas said Friday Beck has been placed on an indefinite leave of absence without pay.
Sgt. James Doyle of the New York State Police said the bones have been turned over to Ward Stone, a state Department of Environmental Conservation wildlife pathologist, for identification. Doyle said Stone's investigation so far indicates the two dogs were shot in the head while looking up at the weapon.
Beck was arrested by state police in March and charged with a felony count of forgery, and a number of misdemeanors relating to alleged misconduct of a public official, a petit larceny. The charges and subsequent investigation stem from a complaint by April Stevens of Hoosick, who lost her two dogs in February.
A resident reported to Stevens that she had found the lost dogs and turned them over to Beck. When police told Beck to return Stevens' dogs, the animals he returned were not hers.
Police said the current charges stem from Beck allegedly falsifying reports.
Doyle said that depending on the outcome of Stone's investigation, Beck may face further charges. He said Beck's next court date is June 11.
He said the findings bolster police suspicions that Beck killed Stevens' dogs. Also found in the manure pile with the dog bones were a number of cow bones, but Doyle said he did not believe there was any illegal activity regarding cows.
Douglas said Friday that the town's attorney has advised the Town Board not to comment on the case, as it is a pending legal issue. Douglas said Safe Haven Boarding and Grooming of Greenwich has been hired by the town to perform the duties of dog control officer.
Prior to Beck's leave of absence, he was supervised by Douglas and Highway Superintendent Bill Shiland and filed monthly reports to the board.
After the incident, some residents began expressing their concern at monthly board meetings about Beck still being on the job and having to be supervised while the investigation was conducted.
Douglas and other board members said they could not comment on personnel matters outside of executive sessions, and at the time the evidence against Beck was not great enough to warrant further actions against him.
Town Supervisor Marilyn Douglas said Friday Beck has been placed on an indefinite leave of absence without pay.
Sgt. James Doyle of the New York State Police said the bones have been turned over to Ward Stone, a state Department of Environmental Conservation wildlife pathologist, for identification. Doyle said Stone's investigation so far indicates the two dogs were shot in the head while looking up at the weapon.
Beck was arrested by state police in March and charged with a felony count of forgery, and a number of misdemeanors relating to alleged misconduct of a public official, a petit larceny. The charges and subsequent investigation stem from a complaint by April Stevens of Hoosick, who lost her two dogs in February.
A resident reported to Stevens that she had found the lost dogs and turned them over to Beck. When police told Beck to return Stevens' dogs, the animals he returned were not hers.
Police said the current charges stem from Beck allegedly falsifying reports.
Doyle said that depending on the outcome of Stone's investigation, Beck may face further charges. He said Beck's next court date is June 11.
He said the findings bolster police suspicions that Beck killed Stevens' dogs. Also found in the manure pile with the dog bones were a number of cow bones, but Doyle said he did not believe there was any illegal activity regarding cows.
Douglas said Friday that the town's attorney has advised the Town Board not to comment on the case, as it is a pending legal issue. Douglas said Safe Haven Boarding and Grooming of Greenwich has been hired by the town to perform the duties of dog control officer.
Prior to Beck's leave of absence, he was supervised by Douglas and Highway Superintendent Bill Shiland and filed monthly reports to the board.
After the incident, some residents began expressing their concern at monthly board meetings about Beck still being on the job and having to be supervised while the investigation was conducted.
Douglas and other board members said they could not comment on personnel matters outside of executive sessions, and at the time the evidence against Beck was not great enough to warrant further actions against him.
Officer Robert Fratta Sentenced to Death for Hiring Hit Men to Kill his Wife
A jury has decided on the death penalty for a former police officer convicted of hiring two hit men to kill his estranged wife.
Robert Fratta was an officer in former Missouri City who was being retried in his wife's death. Jurors in Houston began deliberating his sentence Saturday morning after being sequestered Friday.
Fratta was convicted earlier this month of hiring two men to shoot his wife, Farah, in 1994.
Fratta's 1996 conviction was overturned. An appeals court ruled that confessions from his coconspirators shouldn't have been admitted into evidence because Fratta's lawyers could not cross-examine them.
The coconspirators remain on death row.
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http://www.chron.com/disp/story.mpl/hotstories/6448390.html
Robert Fratta was an officer in former Missouri City who was being retried in his wife's death. Jurors in Houston began deliberating his sentence Saturday morning after being sequestered Friday.
Fratta was convicted earlier this month of hiring two men to shoot his wife, Farah, in 1994.
Fratta's 1996 conviction was overturned. An appeals court ruled that confessions from his coconspirators shouldn't have been admitted into evidence because Fratta's lawyers could not cross-examine them.
The coconspirators remain on death row.
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http://www.chron.com/disp/story.mpl/hotstories/6448390.html
Cpl Benjamin Kruszynski Pleads Guilty to Drunk Driving
An Elkhart police officer who crashed his squad car while off duty last Sunday has resigned and pleaded guilty to drunken driving and criminal recklessness.
Cpl. Benjamin Kruszynski was arrested after he crashed into two fences and a tree while speeding with four other people in his squad car. Authorities say the 38-year-old was travelling faster than 100 mph.
Police say Kruszynski's blood-alcohol level two hours after the crash was 0.12 percent. Indiana's legal limit is 0.08 percent.
Kruszynski resigned Thursday and entered the pleas on the misdemeanor charges yesterday. The Elkhart Board of Public Safety unanimously voted to accept his resignation.
No injuries were reported in the accident.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/search?q=Benjamin+Kruszynski
Cpl. Benjamin Kruszynski was arrested after he crashed into two fences and a tree while speeding with four other people in his squad car. Authorities say the 38-year-old was travelling faster than 100 mph.
Police say Kruszynski's blood-alcohol level two hours after the crash was 0.12 percent. Indiana's legal limit is 0.08 percent.
Kruszynski resigned Thursday and entered the pleas on the misdemeanor charges yesterday. The Elkhart Board of Public Safety unanimously voted to accept his resignation.
No injuries were reported in the accident.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/search?q=Benjamin+Kruszynski
Friday, May 29, 2009
Two Jefferson Parish Deputies Arrested for Beating Up Teens
Two Jefferson parish sheriff's deputies have been arrested and kicked off the force after brutality allegations. A couple of teenagers say the deputies beat them up in Marrero.
According to the teens, they were playing paintball at an abandoned Marrero apartment complex last weekend when approached by deputies Cornell Farlin and Shawn Henry. The teens claimed Farlin and Henry handcuffed them, and then began punching and kicking them, even using their police batons, before releasing them with a summons.
"I think the message here is the quickness in which we responded to the complaint, that we take this very seriously," said Sheriff Newell Normand at a news conference Friday. "This type of conduct by our officers will not be tolerated."
Sheriff Normand said the two accusers also said there were other deputies present during the beating. The sheriff says the investigation continues.
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More information: http://www.nola.com/news/?/base/news-1/124366097254010.xml&coll=1
According to the teens, they were playing paintball at an abandoned Marrero apartment complex last weekend when approached by deputies Cornell Farlin and Shawn Henry. The teens claimed Farlin and Henry handcuffed them, and then began punching and kicking them, even using their police batons, before releasing them with a summons.
"I think the message here is the quickness in which we responded to the complaint, that we take this very seriously," said Sheriff Newell Normand at a news conference Friday. "This type of conduct by our officers will not be tolerated."
Sheriff Normand said the two accusers also said there were other deputies present during the beating. The sheriff says the investigation continues.
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More information: http://www.nola.com/news/?/base/news-1/124366097254010.xml&coll=1
Trooper Robert Czora Arrested Again
A former trooper who was involved in a 2007 official-misconduct investigation has been arrested again.
Plattsburgh-based State Police arrested Robert Czora midday Friday and believed the former 14-year veteran of the force possessed property that was recently stolen from a local business.
Czora, 40, resigned from the State Police in November 2007 after a police investigation revealed that he scammed an unsuspecting out-of-state driver.
An investigation found that the former Valcour-based trooper stopped a speeding driver on Interstate 87 and then drove her to a Keeseville bank, where she withdrew $300 that Czora told her she needed for bail.
Czora took the money and never issued the woman a ticket.
He soon became the focus of an official-misconduct investigation after the woman contacted local authorities inquiring about her court appearance, unaware that she had never actually been ticketed.
During the investigation, Czora attempted to return the money to the woman through a third party but never explained why.
He later resigned, pleaded guilty to the misdemeanor misconduct charge and paid a $1,000 fine.
Czora, who joined the agency in 1992, has never publicly commented on the misconduct.
The Morrisonville resident is now behind bars at Clinton County Jail on $10,000 cash bail or $20,000 bond.
He is facing a felony charge of third-degree criminal possession of stolen property.
It was initially unclear what items had been taken from Northeast Printing and Distribution Company and how the items allegedly came into Czora’s possession.
Investigators handling the case could not be reached for further comment early Friday evening and no additional information about the case was immediately available.
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Information from: http://www.pressrepublican.com
Plattsburgh-based State Police arrested Robert Czora midday Friday and believed the former 14-year veteran of the force possessed property that was recently stolen from a local business.
Czora, 40, resigned from the State Police in November 2007 after a police investigation revealed that he scammed an unsuspecting out-of-state driver.
An investigation found that the former Valcour-based trooper stopped a speeding driver on Interstate 87 and then drove her to a Keeseville bank, where she withdrew $300 that Czora told her she needed for bail.
Czora took the money and never issued the woman a ticket.
He soon became the focus of an official-misconduct investigation after the woman contacted local authorities inquiring about her court appearance, unaware that she had never actually been ticketed.
During the investigation, Czora attempted to return the money to the woman through a third party but never explained why.
He later resigned, pleaded guilty to the misdemeanor misconduct charge and paid a $1,000 fine.
Czora, who joined the agency in 1992, has never publicly commented on the misconduct.
The Morrisonville resident is now behind bars at Clinton County Jail on $10,000 cash bail or $20,000 bond.
He is facing a felony charge of third-degree criminal possession of stolen property.
It was initially unclear what items had been taken from Northeast Printing and Distribution Company and how the items allegedly came into Czora’s possession.
Investigators handling the case could not be reached for further comment early Friday evening and no additional information about the case was immediately available.
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Information from: http://www.pressrepublican.com
Deputy Richard Silva Charged with Domestic Violence
The Yavapai County Sheriff's Office arrested Deputy Richard Silva on May 21 on charges of assault per domestic violence against a 9-year-old child and on two charges of disorderly conduct per domestic violence, the office said in a press release.
Silva is a deputy in the Bagdad area but at the time of the incident was serving a 160-hour suspension without pay for violations of the YCSO code of conduct, the release said.
Deputies booked Silva into the jail in Camp Verde. Authorities released him the next afternoon after he posted bond. A court date in the matter is pending.
Deputy Jeff McCall Arrested for Stealing Confiscated Money
A Narcotics Deputy with the Shelby County Sheriff's Office has been arrested for stealing money confiscated during a drug deal.
34-year old Deputy Jeff McCall, who has been with the Sheriff's Office since 2001 and assigned to the Narcotics Bureau since 2006, was taken into custody late Thursday afternoon.
"Within the past several weeks, information was received from cooperating sources that our Deputy was taking money confiscated during illegal drug deals. We immediately began an investigation which led to his arrest," said Shelby County Sheriff Mark H. Luttrell, Jr.
During a sting Thursday afternoon, Deputy McCall was called to the scene of a traffic stop in South Memphis. A confidential informant posing as a drug dealer had been detained by Deputies. McCall and two other Deputies responded to initiate an investigation.
According to the Affidavit of Complaint, marijuana and a bag of cash was taken from the vehicle. When the drugs and money were taken back to the Sheriff's Narcotics bureau, $400 was missing.
After confronting McCall, he admitted taking the money and resigned.
McCall was taken to the Shelby County Jail and charged with Official Misconduct, a felony, and Theft of Property under $500, a Misdemeanor.
The investigation continues about McCall and allegations he took money confiscated during other deals. The F.B.I. is working alongside of Deputies in the investigation.
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34-year old Deputy Jeff McCall, who has been with the Sheriff's Office since 2001 and assigned to the Narcotics Bureau since 2006, was taken into custody late Thursday afternoon.
"Within the past several weeks, information was received from cooperating sources that our Deputy was taking money confiscated during illegal drug deals. We immediately began an investigation which led to his arrest," said Shelby County Sheriff Mark H. Luttrell, Jr.
During a sting Thursday afternoon, Deputy McCall was called to the scene of a traffic stop in South Memphis. A confidential informant posing as a drug dealer had been detained by Deputies. McCall and two other Deputies responded to initiate an investigation.
According to the Affidavit of Complaint, marijuana and a bag of cash was taken from the vehicle. When the drugs and money were taken back to the Sheriff's Narcotics bureau, $400 was missing.
After confronting McCall, he admitted taking the money and resigned.
McCall was taken to the Shelby County Jail and charged with Official Misconduct, a felony, and Theft of Property under $500, a Misdemeanor.
The investigation continues about McCall and allegations he took money confiscated during other deals. The F.B.I. is working alongside of Deputies in the investigation.
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Officer Rene Guillen Arrested for Molesting 7-year-old Girl
A Bal Harbour police officer was arrested Thursday and accused of molesting a 7-year-old girl, police said.
Rene Guillen, a five-year-veteran who works with the city's motorcycle unit and who has a clean police record, was charged with sexual aggravated battery on a minor, according to the police report.
He was taken into custody after being arrested at the village's police department, according to a police report. He confessed to sexually assaulting his young victim when she visited his home.
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http://www.miamiherald.com/news/florida/AP/story/1071256.html
Rene Guillen, a five-year-veteran who works with the city's motorcycle unit and who has a clean police record, was charged with sexual aggravated battery on a minor, according to the police report.
He was taken into custody after being arrested at the village's police department, according to a police report. He confessed to sexually assaulting his young victim when she visited his home.
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http://www.miamiherald.com/news/florida/AP/story/1071256.html
Cpl Jason King Accepts Suspension for Using Excessive Force
A police officer accused of excessive force has decided to accept a demotion and suspension for his actions, but may soon be off the force anyway.
On Thursday, Cpl. Jason King told the city's Board of Public Safety that he would accept the disciplinary measures recommended by Police Chief Darryl Boykins, even though King said he did nothing wrong.
King was accused of using excessive force when arresting Skee Katlun after a high-speed chase Feb. 14.
Boykins, after a department internal investigation, said videotape evidence of the incident showed King attacking an unresisting Katlun, who lay prone on the ground. Boykins also alleged King lied about the incident on a police report.
On Thursday, however, King disputed those allegations and said he had followed standard police procedure. His lawyer, Thomas Dixon, said other officers, including Lt. Robert Black of the Indiana Law Enforcement Academy, had reviewed the tape of the incident and were willing to testify that King's actions were legitimate and right.
That testimony, however, was not heard at Thursday's hearing after King announced his decision to accept the chief's recommended discipline.
King said he chose not to fight the allegations for personal reasons — his wife recently gave birth to their first child — and because he feared the board could jeopardize his request to be placed on disabled leave from the department.
King is scheduled to appear before the department's pension board today to ask that he be placed on full-time disability stemming from a December 2007 on-duty accident.
On Dec. 20, 2007, King received multiple injuries — including a broken neck — after his squad car crashed with another officer's vehicle.
King was placed on disabled leave after the accident, but had returned to active duty by the time of the Feb. 14 incident. King was returned to light duty after the incident with Katlun, but before allegations of wrong-doing were filed with the Board of Public Safety.
King said doctor reports have shown he is physically unfit to serve as an officer, and that seeking disability is the best option for him and his family.
"I have to think about my future and my family," King said.
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More of the story: http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20090529/News01/905290344/1130
On Thursday, Cpl. Jason King told the city's Board of Public Safety that he would accept the disciplinary measures recommended by Police Chief Darryl Boykins, even though King said he did nothing wrong.
King was accused of using excessive force when arresting Skee Katlun after a high-speed chase Feb. 14.
Boykins, after a department internal investigation, said videotape evidence of the incident showed King attacking an unresisting Katlun, who lay prone on the ground. Boykins also alleged King lied about the incident on a police report.
On Thursday, however, King disputed those allegations and said he had followed standard police procedure. His lawyer, Thomas Dixon, said other officers, including Lt. Robert Black of the Indiana Law Enforcement Academy, had reviewed the tape of the incident and were willing to testify that King's actions were legitimate and right.
That testimony, however, was not heard at Thursday's hearing after King announced his decision to accept the chief's recommended discipline.
King said he chose not to fight the allegations for personal reasons — his wife recently gave birth to their first child — and because he feared the board could jeopardize his request to be placed on disabled leave from the department.
King is scheduled to appear before the department's pension board today to ask that he be placed on full-time disability stemming from a December 2007 on-duty accident.
On Dec. 20, 2007, King received multiple injuries — including a broken neck — after his squad car crashed with another officer's vehicle.
King was placed on disabled leave after the accident, but had returned to active duty by the time of the Feb. 14 incident. King was returned to light duty after the incident with Katlun, but before allegations of wrong-doing were filed with the Board of Public Safety.
King said doctor reports have shown he is physically unfit to serve as an officer, and that seeking disability is the best option for him and his family.
"I have to think about my future and my family," King said.
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More of the story: http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20090529/News01/905290344/1130
Former Officer Brian Bedsworth Accused of Unlawfully Shooting His Gun During High Speed Chase
A former Mt. Pleasant police officer is fighting criminal charges because he fired his police issued pistol.
The Tennessee Bureau of Investigation arrested Brian Bedsworth. He's accused of unlawfully shooting his gun at a suspect during a high speed chase.
The incident happened on March 21. When neighbor Ricky woke up he said his front yard was a crime scene.
Minutes earlier, Mt. Pleasant police officer Brian Bedsworth pulled over Eddie Roberts.
After a brief discussion, police said Roberts sped away; the officer pulled his pistol and started firing.
"Gunshots - saw a lot," said Ricky. "I think the officer was in the right for doing what he did. Anybody would protect their own life."
The TBI and the Mt. Pleasant police chief disagree. On Thursday, Bedsworth was charged with reckless endangerment with a weapon and reckless aggravated assault.
"As the vehicle was fleeing, leaving the scene, officer Bedsworth drew his gun and discharged it a total of nine times at the vehicle," said Mt. Pleasant police chief Tommy Goetz.
In Goetz' opinion, his officer violated the use of deadly force policy, which allows officers to use deadly force ‘to defend themselves or other persons from what the officer reasonably perceives as an immediate threat of death or serious injury.'
"The greatest fear would have been that an innocent bystander would have got hit, or the gas pumping station's line would have got hit," said Goetz.
The officer was firing in the direction of a natural gas station. Bedsworth's patrol car had a camera, that camera was not working during the particular traffic stop.
Bedsworth is out of the Maury County jail on bond. Soon after the incident Bedsworth resigned from the Mt. Pleasant Police Department, and he did not want to comment on his case.
Since this incident, Goetz said supervisors have once again briefed officers on the department's policy on the use of deadly force.
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http://www.newschannel5.com/Global/story.asp?S=10442286
Officer Ronald Debello Arrested for Puncturing Tires
A Shreveport police officer faces a charge of simple criminal property damage as a result of a citizen report of seeing a uniformed officer get out of a marked patrol unit and puncture a vehicle tire.
Ronald Debello, 34, a three-year member of the Police Department, was issued a misdemeanor summons Thursday to appear in court and was put on paid administrative leave by Shreveport Police Chief Henry Whitehorn, according to a Police Department news release
The tire slashing May 2 involved a vehicle parked in the 9000 block of Youree Drive in Shreveport, according to the news release.
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http://www.wxvt.com/Global/story.asp?S=10443519&nav=menu1344_2
Ronald Debello, 34, a three-year member of the Police Department, was issued a misdemeanor summons Thursday to appear in court and was put on paid administrative leave by Shreveport Police Chief Henry Whitehorn, according to a Police Department news release
The tire slashing May 2 involved a vehicle parked in the 9000 block of Youree Drive in Shreveport, according to the news release.
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http://www.wxvt.com/Global/story.asp?S=10443519&nav=menu1344_2
Thursday, May 28, 2009
Lt Erin Lorraine Giudice Charged with DUI
A Sheriff's lieutenant arrested last month on suspicion of driving under the influence has been charged with two misdemeanor counts in the case.
Lt. Erin Lorraine Giudice, 48, lost her job as Harbormaster and was reassigned to Orange County Jail after she was arrested April 14 by Irvine police.
Giudice was charged with one DUI count and one count of driving with a blood alcohol level of 0.08 or more.
Giudice had a blood alcohol level of 0.14 two hours after the arrest, prosecutors said.
At around 9 p.m. on April 14, Giudice was driving an unmarked Sheriff's Department vehicle north on 5 freeway, and rear-ended another car stopped at a red light on the Jamboree Road offramp, prosecutors said.
When the arrest was initially reported, the Sheriff's Department declined to say whether Giudice had been driving a department vehicle at the time.
The other car had minor damage and the driver was uninjured, prosecutors said.
When Irvine police arrived at the scene of the accident, they found that Giudice was slurring her speech, had bloodshot and watery eyes, and poor balance, prosecutors said.
Giudice is scheduled to be arraigned June 19 at Harbor Justice Center in Newport Beach.
The case will be prosecuted by Deputy District Attorney Keith Bogardus of the Special Prosecutions Unit, which handles prosecution of law-enforcement officers, among other duties.
Capt. Dave Nighswonger, who oversees the sheriff's internal affairs unit, said after the arrest that the department did not have a specific policy addressing consequences for a DUI conviction.
"We have department policies that require employees to obey the law," Nighswonger said. "Then there's canons of ethics that hold our department employees accountable."
Lt. Erin Lorraine Giudice, 48, lost her job as Harbormaster and was reassigned to Orange County Jail after she was arrested April 14 by Irvine police.
Giudice was charged with one DUI count and one count of driving with a blood alcohol level of 0.08 or more.
Giudice had a blood alcohol level of 0.14 two hours after the arrest, prosecutors said.
At around 9 p.m. on April 14, Giudice was driving an unmarked Sheriff's Department vehicle north on 5 freeway, and rear-ended another car stopped at a red light on the Jamboree Road offramp, prosecutors said.
When the arrest was initially reported, the Sheriff's Department declined to say whether Giudice had been driving a department vehicle at the time.
The other car had minor damage and the driver was uninjured, prosecutors said.
When Irvine police arrived at the scene of the accident, they found that Giudice was slurring her speech, had bloodshot and watery eyes, and poor balance, prosecutors said.
Giudice is scheduled to be arraigned June 19 at Harbor Justice Center in Newport Beach.
The case will be prosecuted by Deputy District Attorney Keith Bogardus of the Special Prosecutions Unit, which handles prosecution of law-enforcement officers, among other duties.
Capt. Dave Nighswonger, who oversees the sheriff's internal affairs unit, said after the arrest that the department did not have a specific policy addressing consequences for a DUI conviction.
"We have department policies that require employees to obey the law," Nighswonger said. "Then there's canons of ethics that hold our department employees accountable."
NYC Man Sues City for $220 Million for Police Sodomizing Him
A New York City man who says police beat and sodomized him on a subway station platform sued the city, the police department and the accused officers for $220 million on Thursday for civil rights violations.
Three New York City police officers pleaded innocent in December to criminal charges that one of them sodomized Michael Mineo on October 15 with a police baton on a subway platform and two others helped cover up the crime.
"When you distill it, it was a male on male rape," Kevin Mosley, a lawyer for Mineo, said on Thursday.
"The amount of damages, which is the aggregate of the 11 counts, is reflective of the wrong and the suffering that this young man went through and will go through for the rest of his life," he said.
Detective Richard Kern is charged with aggravated sexual assault and other charges and faces up to 25 years in prison. Andrew Morales and Alex Cruz are charged with participating in an attempted cover up, which included writing a summons for the victim. If convicted, each faces up to four years in prison.
According to prosecutors, Kern and Morales observed Mineo, who works at a tattoo parlor, smoking a marijuana cigarette as they sat in an unmarked police car in the early afternoon on October 15 near Brooklyn's Prospect Park.
Cruz and another officer arrived to provide backup and Kern and Cruz followed Mineo into a subway station where Kern anally assaulted Mineo with a retractable baton, prosecutors said.
The criminal case is due to move forward in state court in Brooklyn in June.
The incident sparked charges of police brutality and recalls the 1997 case of Abner Louima, a Haitian immigrant who was attacked with a broomstick in a Brooklyn police station.
In the Louima case, one New York City police officer was sentenced to 30 years in prison for his role in the attack, and a second officer was given a five-year prison sentence for perjury.
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Other information: http://www.google.com/hostednews/afp/article/ALeqM5g_46kF6K6Tj5kM5j66fC5XVnruSA
Three New York City police officers pleaded innocent in December to criminal charges that one of them sodomized Michael Mineo on October 15 with a police baton on a subway platform and two others helped cover up the crime.
"When you distill it, it was a male on male rape," Kevin Mosley, a lawyer for Mineo, said on Thursday.
"The amount of damages, which is the aggregate of the 11 counts, is reflective of the wrong and the suffering that this young man went through and will go through for the rest of his life," he said.
Detective Richard Kern is charged with aggravated sexual assault and other charges and faces up to 25 years in prison. Andrew Morales and Alex Cruz are charged with participating in an attempted cover up, which included writing a summons for the victim. If convicted, each faces up to four years in prison.
According to prosecutors, Kern and Morales observed Mineo, who works at a tattoo parlor, smoking a marijuana cigarette as they sat in an unmarked police car in the early afternoon on October 15 near Brooklyn's Prospect Park.
Cruz and another officer arrived to provide backup and Kern and Cruz followed Mineo into a subway station where Kern anally assaulted Mineo with a retractable baton, prosecutors said.
The criminal case is due to move forward in state court in Brooklyn in June.
The incident sparked charges of police brutality and recalls the 1997 case of Abner Louima, a Haitian immigrant who was attacked with a broomstick in a Brooklyn police station.
In the Louima case, one New York City police officer was sentenced to 30 years in prison for his role in the attack, and a second officer was given a five-year prison sentence for perjury.
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Other information: http://www.google.com/hostednews/afp/article/ALeqM5g_46kF6K6Tj5kM5j66fC5XVnruSA
Retired Officer David Jones Arrested for Impersonating Officer
A retired police officer ends up arrested by the force he used to be on.
Jeffersontown police say David Jones, a retired police officer, was hired by a local company to work a bad check case as a private citizen.
Jeffersontown's police chief says it was a U.S. treasury check and it was stolen.
Police say Jones went to the man's home that the check was made out to and demanded money.
The man said he was going to call police. Police say Jones said he was the police and showed a badge and a weapon.
Jefferstown police say Jones retired as a police officer back in 1994.
He is charged with multiple charges including intimidation and impersonating a peace officer.
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http://www.wlky.com/news/19594298/detail.html
Jeffersontown police say David Jones, a retired police officer, was hired by a local company to work a bad check case as a private citizen.
Jeffersontown's police chief says it was a U.S. treasury check and it was stolen.
Police say Jones went to the man's home that the check was made out to and demanded money.
The man said he was going to call police. Police say Jones said he was the police and showed a badge and a weapon.
Jefferstown police say Jones retired as a police officer back in 1994.
He is charged with multiple charges including intimidation and impersonating a peace officer.
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http://www.wlky.com/news/19594298/detail.html
William Nolan Sues City After Wrong Arrest
William Nolan tried to tell the cop who arrested him. He tried to tell the judge. He even tried to tell the jailers who gave him his jumpsuit.
But it was only after the Indianapolis man had spent five days in jail last year that authorities realized that what Nolan had been insisting was true: They had the wrong man.
Police, including a top warrants official, now suspect that a detective may have mistakenly slapped Nolan's Social Security number on the auto theft arrest warrant for another man.
But not just any other man. Another man named William Nolan.
"For people that have names that are shared by other people, this is a horror story," said Joel Schumm, clinical professor of law at Indiana University School of Law-Indianapolis. "I mean, this is something that should scare them."
Though it remains unclear just how the wrong William Nolan ended up in jail for five days, he is pretty sure someone is responsible -- and he has filed a wrongful imprisonment lawsuit against the city, set for trial in June 2010.
The mistaken-identity mess traces all the way back to August 2007. That's when someone stole a black 1997 BMW from J Frank Motors.
Jan Frank told Indianapolis Metropolitan Police Detective Donna Hayes he suspected a man who had been hired just a few days earlier to wash cars: a tall black man named William Nolan.
According to Hayes' affidavit, a woman who said that William Nolan had been staying with her said she last saw Nolan the day of the theft -- driving a black 1997 BMW.
Fast-forward to March 2008, when IMPD officer Brady Ball was making a routine check of the names in the registry of a Far-Southside motel. One name, he later testified, matched the warrant for a stolen BMW: William Nolan.
Nolan, 48, was staying at the motel while repairs were being made on his fire-damaged home. Ball knocked on his room door. Nolan answered. Ball placed him under arrest in the car theft case.
Still, Ball wasn't quite sure he had the right person. The warrant listed William Nolan as black. This William Nolan was white.
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Rest of the story: http://jconline.com/article/20090528/NEWS09/90528006
But it was only after the Indianapolis man had spent five days in jail last year that authorities realized that what Nolan had been insisting was true: They had the wrong man.
Police, including a top warrants official, now suspect that a detective may have mistakenly slapped Nolan's Social Security number on the auto theft arrest warrant for another man.
But not just any other man. Another man named William Nolan.
"For people that have names that are shared by other people, this is a horror story," said Joel Schumm, clinical professor of law at Indiana University School of Law-Indianapolis. "I mean, this is something that should scare them."
Though it remains unclear just how the wrong William Nolan ended up in jail for five days, he is pretty sure someone is responsible -- and he has filed a wrongful imprisonment lawsuit against the city, set for trial in June 2010.
The mistaken-identity mess traces all the way back to August 2007. That's when someone stole a black 1997 BMW from J Frank Motors.
Jan Frank told Indianapolis Metropolitan Police Detective Donna Hayes he suspected a man who had been hired just a few days earlier to wash cars: a tall black man named William Nolan.
According to Hayes' affidavit, a woman who said that William Nolan had been staying with her said she last saw Nolan the day of the theft -- driving a black 1997 BMW.
Fast-forward to March 2008, when IMPD officer Brady Ball was making a routine check of the names in the registry of a Far-Southside motel. One name, he later testified, matched the warrant for a stolen BMW: William Nolan.
Nolan, 48, was staying at the motel while repairs were being made on his fire-damaged home. Ball knocked on his room door. Nolan answered. Ball placed him under arrest in the car theft case.
Still, Ball wasn't quite sure he had the right person. The warrant listed William Nolan as black. This William Nolan was white.
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Rest of the story: http://jconline.com/article/20090528/NEWS09/90528006
Officer Hidayatullah Khalil Arrested for Mortgage Fraud
An Elk Grove police officer has been charged by federal authorities for allegedly lying on mortgage loan applications to buy two homes that later went into foreclosure.
Hidayatullah Ali Khalil, 29, was arrested Thursday by the FBI on a three-count complaint and made an initial appearance in Sacramento federal court before being released on a $75,000 unsecured bond.
According to a sworn statement from FBI special agent John Sommercamp, Khalil bought homes in Elk Grove and Watsonville in 2005, indicating both would be his primary residence.
At the time, Khalil was still a deputy with the Santa Cruz County Sheriff's Department. Sommercamp said Khalil grossly inflated his income to purchase both homes, and failed to list the other property as a liability.
According to the complaint, Khalil pulled more than $100,000 in cash out of the Elk Grove house in two separate transactions. Property records show both homes were sold at auction last year.
Elk Grove police spokesman Christoper Trim said Khalil has been with the department since 2006, and has been placed on leave pending an internal investigation.
"Everyone's surprised," said Trim, "He's a hard-working officer, dedicated to the community. He takes his job very seriously and it's unfortunate that this incident came to light."
The FBI said its investigation into Khalil was continuing, with possibly more searches and arrests to come.
Khalil's brother and sister-in-law also made an intial federal court appearance Thursday for their role in an alleged equity-stripping scheme involving a house in El Dorado Hills that later went into foreclosure. They, too, were released on bond.
IRS criminal investigator Christopher Fitzpatrick said Amanullah and Muzdha Khalil lied on a refinancing application to pull nearly $200,000 in cash out of the house at 1288 Souza Drive. According to the complaint, the couple said they lived in the house at the time when it was actually a rental.
Hidayatullah Ali Khalil, 29, was arrested Thursday by the FBI on a three-count complaint and made an initial appearance in Sacramento federal court before being released on a $75,000 unsecured bond.
According to a sworn statement from FBI special agent John Sommercamp, Khalil bought homes in Elk Grove and Watsonville in 2005, indicating both would be his primary residence.
At the time, Khalil was still a deputy with the Santa Cruz County Sheriff's Department. Sommercamp said Khalil grossly inflated his income to purchase both homes, and failed to list the other property as a liability.
According to the complaint, Khalil pulled more than $100,000 in cash out of the Elk Grove house in two separate transactions. Property records show both homes were sold at auction last year.
Elk Grove police spokesman Christoper Trim said Khalil has been with the department since 2006, and has been placed on leave pending an internal investigation.
"Everyone's surprised," said Trim, "He's a hard-working officer, dedicated to the community. He takes his job very seriously and it's unfortunate that this incident came to light."
The FBI said its investigation into Khalil was continuing, with possibly more searches and arrests to come.
Khalil's brother and sister-in-law also made an intial federal court appearance Thursday for their role in an alleged equity-stripping scheme involving a house in El Dorado Hills that later went into foreclosure. They, too, were released on bond.
IRS criminal investigator Christopher Fitzpatrick said Amanullah and Muzdha Khalil lied on a refinancing application to pull nearly $200,000 in cash out of the house at 1288 Souza Drive. According to the complaint, the couple said they lived in the house at the time when it was actually a rental.
Indiana Officer Drives Drunk & Crashes Cruiser With Passengers
An Indiana police officer faces drunk driving charges. He's accused of crashing his cruiser with several passengers in the back.
It happened Sunday night.
Witnesses say the officer was speeding and took out two fences before hitting a tree.
"I thought maybe they were chasing somebody or something," said a witness. "It shook our house. That's how hard it hit. It shook the house, and we're two houses down."
The officer blew a point 0.12, well over the legal limit. He was arrested and booked at the local jail.
No one inside the cruiser was hurt.
It happened Sunday night.
Witnesses say the officer was speeding and took out two fences before hitting a tree.
"I thought maybe they were chasing somebody or something," said a witness. "It shook our house. That's how hard it hit. It shook the house, and we're two houses down."
The officer blew a point 0.12, well over the legal limit. He was arrested and booked at the local jail.
No one inside the cruiser was hurt.
EMT in Confrontation With Trooper
An Emergency Medical Technician who was involved in a scuffle with an Oklahoma Highway Patrol trooper is speaking out about the incident.
Maurice White, Jr. is a critical care paramedic with the Creek Nation EMS. He was nearly arrested after the confrontation, which was captured by the cell phone of Kenyada Davis.
Paul Franks was the driver of the ambulance, which was transporting a patient to a hospital in Prague.
White says he saw the trooper approaching from behind at a high rate of speed with lights activated, but he did not hear a siren. He says Franks had a car in front of him that his attention was focused on and hadn't seen the trooper before he was within a few feet of the ambulance.
"I called out to my partner and told him to pull to the side because there was a State Trooper behind us," White says.
White says as the trooper passed them, he made radio contact, telling Franks "you should consider checking your rearview mirrors".
White says a few blocks after this incident, another trooper entered the road at a high rate of speed, cutting in front of a car driven by a family member of the patient. White says he then saw another trooper approaching from the rear.
"As my partner was pulling onto the shoulder, the cruiser came alongside our unit and gestured for my driver to pull over," White says. "When the officer came to a complete stop behind the ambulance, I noticed a woman in the front seat. Based on the officer's erratic driving behavior, I thought that the woman in the front seat of the cruiser was in need of immediate medical attention; hence I exited the rear of the ambulance in order to assess the situation."
White says the officer was in a rage when he approached them and yelled "get your a-- back here! I am giving you a ticket for failure to yield." White says he told the trooper they had a patient in the ambulance and that they were on their way to the hospital.
"He ignored my statement, became even more belligerent, and demanded my partner come to his patrol car so he could write him a ticket," White says. "I calmly told the officer that we were transporting a patient and we could continue this at the hospital."
White says the trooper then approached him and shouted "you are under arrest for obstructing a police officer" and grabbed his arm to handcuff him. A brief struggle followed, at which point the trooper grabbed White by the throat. The cell phone captured this incident on video.
White says the trooper later told him they could continue on to the hospital, but that he would be under arrest once they got there. White was never arrested, but says troopers told him he should be prepared to turn himself in if a warrant was issued.
To read White's entire statement, click here.
Watch video of the confrontation
Other Information: http://www.ktul.com/news/stories/0509/626531.html
Maurice White, Jr. is a critical care paramedic with the Creek Nation EMS. He was nearly arrested after the confrontation, which was captured by the cell phone of Kenyada Davis.
Paul Franks was the driver of the ambulance, which was transporting a patient to a hospital in Prague.
White says he saw the trooper approaching from behind at a high rate of speed with lights activated, but he did not hear a siren. He says Franks had a car in front of him that his attention was focused on and hadn't seen the trooper before he was within a few feet of the ambulance.
"I called out to my partner and told him to pull to the side because there was a State Trooper behind us," White says.
White says as the trooper passed them, he made radio contact, telling Franks "you should consider checking your rearview mirrors".
White says a few blocks after this incident, another trooper entered the road at a high rate of speed, cutting in front of a car driven by a family member of the patient. White says he then saw another trooper approaching from the rear.
"As my partner was pulling onto the shoulder, the cruiser came alongside our unit and gestured for my driver to pull over," White says. "When the officer came to a complete stop behind the ambulance, I noticed a woman in the front seat. Based on the officer's erratic driving behavior, I thought that the woman in the front seat of the cruiser was in need of immediate medical attention; hence I exited the rear of the ambulance in order to assess the situation."
White says the officer was in a rage when he approached them and yelled "get your a-- back here! I am giving you a ticket for failure to yield." White says he told the trooper they had a patient in the ambulance and that they were on their way to the hospital.
"He ignored my statement, became even more belligerent, and demanded my partner come to his patrol car so he could write him a ticket," White says. "I calmly told the officer that we were transporting a patient and we could continue this at the hospital."
White says the trooper then approached him and shouted "you are under arrest for obstructing a police officer" and grabbed his arm to handcuff him. A brief struggle followed, at which point the trooper grabbed White by the throat. The cell phone captured this incident on video.
White says the trooper later told him they could continue on to the hospital, but that he would be under arrest once they got there. White was never arrested, but says troopers told him he should be prepared to turn himself in if a warrant was issued.
To read White's entire statement, click here.
Watch video of the confrontation
Other Information: http://www.ktul.com/news/stories/0509/626531.html
Officer Adam Tietchen Pleads Guilty to Lying to Officers
EDISON
A police officer today pleaded guilty in Superior Court in New Brunswick to lying to officers conducting an investigation of a township company.
Officer Adam Tietchen, 64, who has more than 29 years service with the department, pleaded guilty to a disorderly person's charged of obstruction of the administration of law, Middlesex County Prosecutor Bruce Kaplan said in joint statement Edison police Director Brian Collier and Edison Police Chief Thomas J. Bryan.
Tietchen, an Edison resident, admitted providing false and misleading information to police during an investigation, Kaplan said.
Under a plea agreement reached with Middlesex County Assistant Prosecutor Brian Gillet, Tietchen must resign from the police department, can never work in law enforcement, and will be sentenced to a probationary term of one year, according to the statement.
Tietchen has been suspended without pay since he was charged May 21, 2009.
According to Kaplan, Edison police were investigating the Birnwell Apparel company on Brunswick Avenue, where Tietchen had performed security work. Authorities today said the investigation of the company is on-going and declined to release any details.
On Feb. 3, police asked Tietchen if he knew an employee of the company, and Tietchen admitted knowing the man, but said he rarely spoke with him, Kaplan said.
However, investigators later determined Tietchen frequently talked with that employee, the prosecutor said.
Jim O'Neill, spokesman for the prosecutor office, said there was no allegation of Tietchen tipping off the employee about the investigation.
"Officer Tietchen not only betrayed the public trust, but he betrayed the dedicated men and women of the Edison Police Department. My administration has a zero tolerance policy concerning any type of police misconduct," Police Chief Bryan said.
Anyone with information on the on-going investigation of Birnwell Apparel is asked to call Lt. Greg Formica of the Edison Police Department at (732) 248-7424.
A message left with Steven Cahn, the Edison lawyer representing Tietchen
A police officer today pleaded guilty in Superior Court in New Brunswick to lying to officers conducting an investigation of a township company.
Officer Adam Tietchen, 64, who has more than 29 years service with the department, pleaded guilty to a disorderly person's charged of obstruction of the administration of law, Middlesex County Prosecutor Bruce Kaplan said in joint statement Edison police Director Brian Collier and Edison Police Chief Thomas J. Bryan.
Tietchen, an Edison resident, admitted providing false and misleading information to police during an investigation, Kaplan said.
Under a plea agreement reached with Middlesex County Assistant Prosecutor Brian Gillet, Tietchen must resign from the police department, can never work in law enforcement, and will be sentenced to a probationary term of one year, according to the statement.
Tietchen has been suspended without pay since he was charged May 21, 2009.
According to Kaplan, Edison police were investigating the Birnwell Apparel company on Brunswick Avenue, where Tietchen had performed security work. Authorities today said the investigation of the company is on-going and declined to release any details.
On Feb. 3, police asked Tietchen if he knew an employee of the company, and Tietchen admitted knowing the man, but said he rarely spoke with him, Kaplan said.
However, investigators later determined Tietchen frequently talked with that employee, the prosecutor said.
Jim O'Neill, spokesman for the prosecutor office, said there was no allegation of Tietchen tipping off the employee about the investigation.
"Officer Tietchen not only betrayed the public trust, but he betrayed the dedicated men and women of the Edison Police Department. My administration has a zero tolerance policy concerning any type of police misconduct," Police Chief Bryan said.
Anyone with information on the on-going investigation of Birnwell Apparel is asked to call Lt. Greg Formica of the Edison Police Department at (732) 248-7424.
A message left with Steven Cahn, the Edison lawyer representing Tietchen
Wednesday, May 27, 2009
Judge Upholds Firing of Officer John Powers
A Seattle police officer fired after allegations of professional misconduct surfaced -- including attempting to break up a domestic-violence arrest -- was correctly barred from working in law enforcement, a King County judge ruled Wednesday.
Officer John Powers was dismissed in November 2005 after department managers came to believe, among other allegations, he was hampering investigations into Belltown clubs for which he provided security when off-duty. Additionally, Seattle Police Department managers alleged Powers distributed Viagra to squad members and gave cocaine to his girlfriend.
Following his dismissal, Powers appealed the department's action and ultimately filed a lawsuit against the state Criminal Justice Training Commission, the state agency that oversees licensing of police officers. In a separate action late last year, the City of Seattle paid Powers' attorney $12,000 in fees to settle a suit alleging that city officials had leaked details of the misconduct investigation to the press.
On Wednesday, Superior Court Judge Steven Gonzalez issued a written ruling finding that the state commission acted correctly when members revoked Powers' certification to work as a law officer.
According to the ruling, Gonzalez found that "clear, cogent, convincing and substantial evidence" that Powers, for personal gain, interfered with a domestic-violence arrest at the request of his private, off-duty employer. Evidence presented in court documents and in testimony given Tuesday also supported claims that Powers delivered Viagra to three officers between January 2002 and December 2004.
"We're very pleased with the decision of course, especially since the conduct here involved a claim of official misconduct," said Assistant Attorney General Melanie Tratnik, who represented the commission in the case.
That misconduct, according to court documents, included a Feb. 21, 2004, incident in which Powers attempted to intercede as officers moved to arrest a man spotted accosting a visibly pregnant woman.
That evening, two West Precinct officers on patrol near Belltown's Club Medusa saw a man pull the woman from a car and slam her to the ground. According to court documents, the patrol officers had arrested the man when Powers, an eight-year veteran of the department, approached them asking to take over the call.
At the time, Powers was in charge of recruiting and scheduling off-duty officers to work at Medusa and other nearby clubs, earning $4,500 to $5,000 annually in addition to his departmental pay for his efforts. Police later learned the arrested man had served as best man at the Medusa Club owner's wedding.
One of the patrol officers told the training commission he believed Powers sought to "'unarrest' the man and to possibly cover up the crime," Tratnik alleged in court documents.
Calls to Powers' attorney were not returned Wednesday. He has 30 days to appeal the court's decision.
____________________
http://www.seattlepi.com/local/406618_powers28.html
Officer John Powers was dismissed in November 2005 after department managers came to believe, among other allegations, he was hampering investigations into Belltown clubs for which he provided security when off-duty. Additionally, Seattle Police Department managers alleged Powers distributed Viagra to squad members and gave cocaine to his girlfriend.
Following his dismissal, Powers appealed the department's action and ultimately filed a lawsuit against the state Criminal Justice Training Commission, the state agency that oversees licensing of police officers. In a separate action late last year, the City of Seattle paid Powers' attorney $12,000 in fees to settle a suit alleging that city officials had leaked details of the misconduct investigation to the press.
On Wednesday, Superior Court Judge Steven Gonzalez issued a written ruling finding that the state commission acted correctly when members revoked Powers' certification to work as a law officer.
According to the ruling, Gonzalez found that "clear, cogent, convincing and substantial evidence" that Powers, for personal gain, interfered with a domestic-violence arrest at the request of his private, off-duty employer. Evidence presented in court documents and in testimony given Tuesday also supported claims that Powers delivered Viagra to three officers between January 2002 and December 2004.
"We're very pleased with the decision of course, especially since the conduct here involved a claim of official misconduct," said Assistant Attorney General Melanie Tratnik, who represented the commission in the case.
That misconduct, according to court documents, included a Feb. 21, 2004, incident in which Powers attempted to intercede as officers moved to arrest a man spotted accosting a visibly pregnant woman.
That evening, two West Precinct officers on patrol near Belltown's Club Medusa saw a man pull the woman from a car and slam her to the ground. According to court documents, the patrol officers had arrested the man when Powers, an eight-year veteran of the department, approached them asking to take over the call.
At the time, Powers was in charge of recruiting and scheduling off-duty officers to work at Medusa and other nearby clubs, earning $4,500 to $5,000 annually in addition to his departmental pay for his efforts. Police later learned the arrested man had served as best man at the Medusa Club owner's wedding.
One of the patrol officers told the training commission he believed Powers sought to "'unarrest' the man and to possibly cover up the crime," Tratnik alleged in court documents.
Calls to Powers' attorney were not returned Wednesday. He has 30 days to appeal the court's decision.
____________________
http://www.seattlepi.com/local/406618_powers28.html
Officer Kirk Newkirk Charged with Stalking
An area police officer and assistant coach charged with stalking a woman has had his court date rescheduled until mid-June.
Kirk D. Newkirk, 42, of Renee Court, faces a charge of misdemeanor stalking after a May 8 arrest. He is accused of harassing 21-year-old Amanda Leigh Corsey and causing her to fear for her safety.
Newkirk has been employed with the Kenansville Police Department for the last 13 months. He has been suspended without pay until the resolution of the charge against him, said Kenansville Police Chief Mike Webster.
Newkirk also served as a volunteer assistant coach for football and basketball at Jacksonville High School during the 2008-2009 school year, said Earl Taylor, spokesman of Onslow County Schools.
"In accordance with board policy 5010 ‘School Volunteers' and the Volunteer Coach Agreement, Mr. Newkirk will be prohibited from serving as a volunteer coach or any capacity in the Onslow County Schools, effective immediately," Taylor said in a faxed response to questions by The Daily News.
Newkirk, who has also been previously employed by the Jacksonville Police Department and the Onslow County Sheriff's Department, is represented by Jacksonville lawyer Walter Vatcher. The attorney asked the court Tuesday for a continuation of Newkirk's case, which was rescheduled for June 15.
Messages left at Vatcher's office were not returned by press time.
According to a complaint attached to Newkirk's arrest warrant, he has been following Corsey and has accosted her at her place of employment.
"Mr. Newkirk has been following me, trying to get into my car, tried to get me into his car," Corsey wrote in the complaint. "He tried to get me drunk underage. He sits outside my house."
In the section on the complaint that delineates relationship between the complainant and the accused, Corsey marked "stranger."
Corsey declined comment when contacted by phone Wednesday afternoon.
The Jacksonville Police Department was dispatched to Corsey's residence on Decatur Road on May 8 in reference to her stalking complaint. The JPD opened an investigation, and Corsey filed papers charging Newkirk with stalking.
Newkirk was released on a $500 unsecured bond.
Kirk D. Newkirk, 42, of Renee Court, faces a charge of misdemeanor stalking after a May 8 arrest. He is accused of harassing 21-year-old Amanda Leigh Corsey and causing her to fear for her safety.
Newkirk has been employed with the Kenansville Police Department for the last 13 months. He has been suspended without pay until the resolution of the charge against him, said Kenansville Police Chief Mike Webster.
Newkirk also served as a volunteer assistant coach for football and basketball at Jacksonville High School during the 2008-2009 school year, said Earl Taylor, spokesman of Onslow County Schools.
"In accordance with board policy 5010 ‘School Volunteers' and the Volunteer Coach Agreement, Mr. Newkirk will be prohibited from serving as a volunteer coach or any capacity in the Onslow County Schools, effective immediately," Taylor said in a faxed response to questions by The Daily News.
Newkirk, who has also been previously employed by the Jacksonville Police Department and the Onslow County Sheriff's Department, is represented by Jacksonville lawyer Walter Vatcher. The attorney asked the court Tuesday for a continuation of Newkirk's case, which was rescheduled for June 15.
Messages left at Vatcher's office were not returned by press time.
According to a complaint attached to Newkirk's arrest warrant, he has been following Corsey and has accosted her at her place of employment.
"Mr. Newkirk has been following me, trying to get into my car, tried to get me into his car," Corsey wrote in the complaint. "He tried to get me drunk underage. He sits outside my house."
In the section on the complaint that delineates relationship between the complainant and the accused, Corsey marked "stranger."
Corsey declined comment when contacted by phone Wednesday afternoon.
The Jacksonville Police Department was dispatched to Corsey's residence on Decatur Road on May 8 in reference to her stalking complaint. The JPD opened an investigation, and Corsey filed papers charging Newkirk with stalking.
Newkirk was released on a $500 unsecured bond.
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