A police officer in the Orangeburg County town of Springfield, 51-year-old John Fulmer, is charged with official misconduct and petit larceny.
Fulmer's charges were announced late Friday.
An arrest warrant against Fulmer says that between July 2009 and November of 2009, Fulmer went to the Kent's Korner #3 gas station in Springfield. The warrant goes on to state that he took gas intended for Town of Springfield vehicles and pumped it into his personal vehicle while in his official capacity with the city.
In all, the warrant says Fulmer signed $191 worth of fuel tickets that he converted for his own use.
According to State Law Enforcement Division agents, there are video recordings of his transactions at the gas station and employee timesheets that back up their allegations.
Friday, December 04, 2009
Hearing Set for Officer Justin Barrett Accused of Calling Professor "Banana-eating Jungle Monkey"
It has been four months since Mayor Thomas M. Menino of Boston said, “He’s gone - G-O-N-E.’’
At the time, Boston Police Commissioner Edward F. Davis vowed that there would be a termination hearing in seven to 10 days.
But four months later, Officer Justin Barrett, who was accused of writing an e-mail that called Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,’’ remains on administrative leave and is still collecting his $70,500 salary.
Yesterday, three days after the Globe began asking about Barrett’s status, police scheduled the hearing for Jan. 6. They planned to serve Barrett notice of the hearing at his Hyde Park Home yesterday, according to police.
Police spokeswoman Elaine Driscoll said the timing was coincidental. The date was decided two days after the internal affairs investigation results were presented to the department’s lawyers and the hearing officer, Deputy Superintendent Norman Hill. According to Davis, Driscoll had been pushing for a hearing date for the past two weeks.
Barrett, who has sued the department and city contending that his civil and due process rights were violated, could not be reached for comment. His lawyer, Peter T. Marano, could not be reached. A phone listed at his Boston office rang with no reply.
Barrett sent an e-mail in July responding to a Globe column by Yvonne Abraham about the controversial arrest of Gates.
In the e-mail, Barrett said that Gates, who is African-American, had behaved like a “banana-eating jungle monkey’’ when Cambridge police Sergeant James Crowley responded to his home for a report of a break-in. Gates was arrested on a charge of disorderly conduct, a charge that was quickly dropped.
The Rev. Dale Robinson, a Dorchester minister, was at a press conference in August at police headquarters in Roxbury when Davis announced that Barrett would be fired following a hearing. Such action was necessary, Robinson said, in order to maintain the fragile trust between police and the city’s minority residents.
“I would like to see fairness done to the community,’’ said Robinson. “It would be hard for the community to swallow . . . if they did not carry out or go forward with what they stated they would do.’’
Davis said yesterday that he does worry about the effect the delay could have on the sometimes rocky relationship between the police and the city’s minority neighborhoods.
“Absolutely,’’ he said. “The trust with the community is paramount and what we’re trying to do here is to do this right.’’
Davis said he has not changed his mind about seeking termination for Barrett, who has not previously been disciplined during his two years at the department.
“There is nothing that I’ve seen that would change any statement that I made before on it,’’ he said.
Davis said he wanted to move forward immediately with a termination hearing, but delayed at the advice of department lawyers, who said rushing the case could help Barrett if there was an appeal.
“I’m frustrated by the process,’’ Davis said. “As egregious as this conduct is and as upset as everyone was about it, we want to make sure that [the hearing] is done properly and that it holds up in appeals.’’
Larry Ellison, a Boston detective and president of the Massachusetts Association of Minority Law Enforcement Officers, said he understands why it has taken a long time to schedule a hearing for Barrett, who was a patrolman in the Mattapan district.
“They would have given him a better case if they had terminated him without giving him the due process he’s entitled to,’’ Ellison said.
But he said city officials should have been more careful in August when they announced they wanted Barrett fired immediately.
“You can’t come through; people are skeptical when you say you’re going to do something,’’ Ellison said.
At the time, Boston Police Commissioner Edward F. Davis vowed that there would be a termination hearing in seven to 10 days.
But four months later, Officer Justin Barrett, who was accused of writing an e-mail that called Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,’’ remains on administrative leave and is still collecting his $70,500 salary.
Yesterday, three days after the Globe began asking about Barrett’s status, police scheduled the hearing for Jan. 6. They planned to serve Barrett notice of the hearing at his Hyde Park Home yesterday, according to police.
Police spokeswoman Elaine Driscoll said the timing was coincidental. The date was decided two days after the internal affairs investigation results were presented to the department’s lawyers and the hearing officer, Deputy Superintendent Norman Hill. According to Davis, Driscoll had been pushing for a hearing date for the past two weeks.
Barrett, who has sued the department and city contending that his civil and due process rights were violated, could not be reached for comment. His lawyer, Peter T. Marano, could not be reached. A phone listed at his Boston office rang with no reply.
Barrett sent an e-mail in July responding to a Globe column by Yvonne Abraham about the controversial arrest of Gates.
In the e-mail, Barrett said that Gates, who is African-American, had behaved like a “banana-eating jungle monkey’’ when Cambridge police Sergeant James Crowley responded to his home for a report of a break-in. Gates was arrested on a charge of disorderly conduct, a charge that was quickly dropped.
The Rev. Dale Robinson, a Dorchester minister, was at a press conference in August at police headquarters in Roxbury when Davis announced that Barrett would be fired following a hearing. Such action was necessary, Robinson said, in order to maintain the fragile trust between police and the city’s minority residents.
“I would like to see fairness done to the community,’’ said Robinson. “It would be hard for the community to swallow . . . if they did not carry out or go forward with what they stated they would do.’’
Davis said yesterday that he does worry about the effect the delay could have on the sometimes rocky relationship between the police and the city’s minority neighborhoods.
“Absolutely,’’ he said. “The trust with the community is paramount and what we’re trying to do here is to do this right.’’
Davis said he has not changed his mind about seeking termination for Barrett, who has not previously been disciplined during his two years at the department.
“There is nothing that I’ve seen that would change any statement that I made before on it,’’ he said.
Davis said he wanted to move forward immediately with a termination hearing, but delayed at the advice of department lawyers, who said rushing the case could help Barrett if there was an appeal.
“I’m frustrated by the process,’’ Davis said. “As egregious as this conduct is and as upset as everyone was about it, we want to make sure that [the hearing] is done properly and that it holds up in appeals.’’
Larry Ellison, a Boston detective and president of the Massachusetts Association of Minority Law Enforcement Officers, said he understands why it has taken a long time to schedule a hearing for Barrett, who was a patrolman in the Mattapan district.
“They would have given him a better case if they had terminated him without giving him the due process he’s entitled to,’’ Ellison said.
But he said city officials should have been more careful in August when they announced they wanted Barrett fired immediately.
“You can’t come through; people are skeptical when you say you’re going to do something,’’ Ellison said.
Former Deputy Jack Allen Roberts Sentenced for Stalking
A former Tehama County sheriff’s deputy was sentenced today to more than three years in prison for relentlessly stalking and physically assaulting a Redding woman.
Jack Allen Roberts, 34, of Redding was sentenced by Superior Court Judge James Ruggiero to three years, eight months in prison. He must serve 50 percent of his sentence before being eligible for parole.
Roberts was arrested in April after Redding police placed a tracker on his vehicle to follow his movements in the weeks before his arrest, prosecutors said.
That tracker placed Roberts in the parking lot of the woman’s workplace at the time when gasoline was poured on her vehicle, prosecutors said.
He was later arrested by police outside the woman’s home around 4 a.m., dressed all in black, prosecutors said.
At the time of his April arrest, he had with him a black face mask, binoculars, paint stripper, weed and root killer, a container filled with BBs, sling shot, glass cutter and other items that police and prosecutors believe may have been used in previous vandalism.
Roberts pleaded guilty in July to stalking, battery and related charges.
Prosecutors said that Roberts stalked the woman for about a year, sending anonymous letters to her, making threats and harassing telephone calls, followed her and vandalized her home and vehicle.
He resigned from the Tehama County Sheriff’s Office last year after he had fired a handgun inside his then Cottonwood residence, a law enforcement investigative report says.
According to the criminal complaint, the stalking began around April 2008 and, despite restraining orders issued against him, continued for about a year.
Although Shasta County probation officials recommended that Roberts be granted probation, Deputy District Attorney Stephanie Bridgett, who prosecuted Roberts, has said that officials with the state Department of Corrections evaluated him after he pleaded guilty to the charges and determined that he was not a good candidate for probation.
He faced a maximum of five years, four months in prison.
Roberts was charged with 13 felony counts, including stalking, first-degree residential burglary, vandalism, possession of flammable material for malicious use, corporal injury and battery.
In the police report, Robert was described by some witnesses as a “loose cannon,” and had a long relationship with the Redding woman.
But, it said, she learned about three years ago that he was having an affair with a co-worker while he was working as a Tehama County sheriff’s deputy.
Attempts to save the relationship failed and she eventually met another man, the report noted.
She told Redding police investigators in March that she was reluctant to move forward with the case because Roberts had been trying to get a job with a private contracting company to go to work in Iraq and work as an independent contractor.
“Victim stated if she went forward with this case, it may hinder his ability to get that job and he would remain here in Shasta County and continue to be a problem to her,” the Redding Police Department report says.
She said that she was also afraid of him, noting that he can have a violent temper, and feared what he might do to her and her boyfriend, it said.
She later changed her mind, it said, when she found one of her vehicles vandalized and believed he was the one responsible for it.
According to the report, which described a number of instances of physical and emotional abuse, the woman said that he once pushed her against a wall, placed his hands around her neck and began to choke her until her son intervened.
She said that he also, among other things, once pushed her down and slammed her head against the ground, the police report said.
Alabama Officer Arrested for Aiding His Brother
The Birmingham News is reporting that a Trussville, Alabama, police officer was arrested for aiding his brother, who is suspected of fatally shooting a Pelham police officer during a late night traffic stop on I-65. The suspect and brother were arrested together by the Hoover Police Department.
The Birmingham News reports that the suspect was observed by a homeowner attempting to break into a vehicle, and was then picked up a short time later by a man in a pickup truck.
The homeowner gave a description of the truck to local police who stopped it and arrested the two a short time later. Both men were being booked into the Shelby County Jail.
The name of the Pelham officer who was fatally shot is being withheld pending notification of all family members.
The Birmingham News reports that the suspect was observed by a homeowner attempting to break into a vehicle, and was then picked up a short time later by a man in a pickup truck.
The homeowner gave a description of the truck to local police who stopped it and arrested the two a short time later. Both men were being booked into the Shelby County Jail.
The name of the Pelham officer who was fatally shot is being withheld pending notification of all family members.
Deputy Albert Surratt III Charged with Manufacturing Meth
A Chesterfield County Sheriff’s Office deputy was arrested in the Pageland area and taken into custody Thursday on drug related charges.
Chesterfield County Sheriff Sam Parker said Deputy Albert Eugene Surratt, III (Brent), 28, of 1469 Hillian Edward Road, Cheraw, was charged and taken into custody for alleged conspiracy to manufacturing meth and for possession of a firearm during a drug crime.
Surratt is a 1999 graduate from West-Oak High School in Westminster, S.C. He was also a former employee of the Cheraw Police Department before being hired with the Chesterfield County Sheriff’s Office on June 8.
“This is a shock to all of us and it is a sad situation because he always seemed to be a good guy,” said Cheraw Police Chief Jay Brooks.
Parker echoed some of the same comments.
“It is hard to believe that this happened with Brent. It is a terrible shock and very disappointing because Brent is a good person. However, we are going to try to help him get the help he needs in order to get his life back on track. It goes to show you that bad things happen to good people.”
Parker added that the case is an ongoing investigation and other arrests would result and surface as the investigation progresses.
“The Chesterfield County Sheriff’s Office, State and Federal Agencies as well as the DEA, are all involved in this investigation,” Parker said.
Officer Daniel Gent Charged with Using Excessive Force
A former Culpeper County deputy is scheduled to appear in court next week to answer charges that he used excessive force at the county jail.
Sheriff Jim Branch says 44-year-old Daniel T. Gent of Orange County was arrested Wednesday and charged with assault and battery. Gent was released on a uniform summons.
Gent is accused of using excessive force while escorting a male inmate from one room to another on Nov. 21.
Public information officer Corey Byers says the inmate complained of a sore neck but refused to go to a hospital.
Branch says Gent is no longer employed by the sheriff's office. The sheriff wouldn't provide details, saying it was a personnel matter.
Gent's first court appearance is set for Dec. 9.
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Information from: The Free Lance-Star, http://www.fredericksburg.com/
Sheriff Jim Branch says 44-year-old Daniel T. Gent of Orange County was arrested Wednesday and charged with assault and battery. Gent was released on a uniform summons.
Gent is accused of using excessive force while escorting a male inmate from one room to another on Nov. 21.
Public information officer Corey Byers says the inmate complained of a sore neck but refused to go to a hospital.
Branch says Gent is no longer employed by the sheriff's office. The sheriff wouldn't provide details, saying it was a personnel matter.
Gent's first court appearance is set for Dec. 9.
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Information from: The Free Lance-Star, http://www.fredericksburg.com/
Thursday, December 03, 2009
Former Officer Jeffery Garcia Guilty of Rape
A former Alexander police officer has been convicted of rape and sexual abuse of three children.
A Saline County jury deliberated just 15 minutes before finding Jeffrey Garcia guilty of two counts of rape and one count of second-degree sexual assault. Garcia was sentenced to a total of 100 years in prison.
The now 12, 13 and 14-year-old testified they were sexually molested and beaten.
Garcia did not testify but in a tape recorded interview with Benton police that was played for the jury he denied abusing the children.
Garcia resigned from the Alexander police force while in jail in the case.
A Saline County jury deliberated just 15 minutes before finding Jeffrey Garcia guilty of two counts of rape and one count of second-degree sexual assault. Garcia was sentenced to a total of 100 years in prison.
The now 12, 13 and 14-year-old testified they were sexually molested and beaten.
Garcia did not testify but in a tape recorded interview with Benton police that was played for the jury he denied abusing the children.
Garcia resigned from the Alexander police force while in jail in the case.
Officer Donald Prine Charged with Domestic Battery
A Rockford police officer is on paid administrative leave after his arrest on an aggravated domestic battery charge.
Donald Prine, 43, a 19-year-veteran of the force, turned himself in to the Winnebago County Sheriff’s Department on Monday after a domestic battery warrant was issued for his arrest.
Winnebago County Sheriff's Deputy Chief Dominic Iasparro said officers were called to Prine’s home Nov. 26 in reference to a domestic battery complaint. He said Prine was not arrested at the scene but deputies took down information and reviewed that information with the state’s attorney’s office.
A warrant was issued Monday for Prine’s arrest, and he turned himself in to the sheriff’s department.
Iasparro said the alleged victim was an adult female, but would not elaborate on the woman’s relationship to Prine.
“There were no injuries that required hospitalization,” Iasparro said.
According to a city of Rockford news release, Prine was off duty at the time of the alleged battery. He will remain on leave “pending the administrative and criminal review of the incident.”
Donald Prine, 43, a 19-year-veteran of the force, turned himself in to the Winnebago County Sheriff’s Department on Monday after a domestic battery warrant was issued for his arrest.
Winnebago County Sheriff's Deputy Chief Dominic Iasparro said officers were called to Prine’s home Nov. 26 in reference to a domestic battery complaint. He said Prine was not arrested at the scene but deputies took down information and reviewed that information with the state’s attorney’s office.
A warrant was issued Monday for Prine’s arrest, and he turned himself in to the sheriff’s department.
Iasparro said the alleged victim was an adult female, but would not elaborate on the woman’s relationship to Prine.
“There were no injuries that required hospitalization,” Iasparro said.
According to a city of Rockford news release, Prine was off duty at the time of the alleged battery. He will remain on leave “pending the administrative and criminal review of the incident.”
Former Officer Jamie Sanchez Arrested for Assaulting Girlfriend
Jamie Sanchez, 33, is accused of assaulting his 24-year-old girlfriend.
Oklahoma City police say when Sanchez's girlfriend tried to break up with him he threw her to the ground and handcuffed one of her wrists.
Police said he also followed her vehicle in his police car with lights and sirens blaring as she drove to an Oklahoma City police station to file a report.
"She did the right thing," Sgt. Gary Knight said. "She did not try to fight back she tried to get away from him ultimately she drove to a police station when she felt she was in danger."
The Valley Brook police chief said Sanchez resigned after he was released from jail.
Officer Brad Ahrensfield Charged with Making False Statements
A federal grand jury has charged an Albuquerque police officer with obstruction of justice for warning a business owner about a drug trafficking investigation.
The U.S. Attorney's Office in Albuquerque said Thursday that Brad Ahrensfield also is charged with making a false statement to federal agents.
The indictment accuses Ahrensfield of telling the owner of an Albuquerque business called Car Shop about a joint state and federal drug trafficking investigation in September.
The Attorney's Office says when federal investigators confronted Ahrensfield about the leak, he lied about what he knew of the investigation and to whom he had given the information.
Ahrensfield faces up to 20 years in prison if convicted of both charges.
The U.S. Attorney's Office in Albuquerque said Thursday that Brad Ahrensfield also is charged with making a false statement to federal agents.
The indictment accuses Ahrensfield of telling the owner of an Albuquerque business called Car Shop about a joint state and federal drug trafficking investigation in September.
The Attorney's Office says when federal investigators confronted Ahrensfield about the leak, he lied about what he knew of the investigation and to whom he had given the information.
Ahrensfield faces up to 20 years in prison if convicted of both charges.
Former Officer Keenan Colson Sentenced to Two Years
A former Lake Wales police officer was sentenced to two years in state prison Thursday on charges that he used police equipment to aid a member of a drug operation, including exposing the identity of an undercover sheriff's deputy.
Circuit Judge Donald Jacobsen said it pained him to sentence Keenan Colson but said Colson should be held to a higher standard as a law enforcement officer.
"If I can't believe in law enforcement officers the whole system falls apart," Jacobsen said at the conclusion of a nearly three-hour hearing Thursday. He released Colson on the condition that he turn himself in by Dec. 30.
Colson, 51, was arrested last year as part of an eight-month, multi-agency investigation that included using wire taps to uncover an alleged drug operation in Haines City. The investigation revealed marijuana grow locations, and detectives seized about 20 pounds of marijuana and more than 160 marijuana plants, according to the Polk County Sheriff's Office.
Colson pleaded no contest to several charges in September.
Using his resources as a police officer, Colson supplied information and advice to Clayton Hoerler, 26, a personal friend and one of the drug ring's leaders. At Hoerler's request, Colson would run license tag numbers and check individuals for outstanding warrants. In one case, Colson ran a tag that belonged to an undercover sheriff's deputy and informed Hoerler.
Investigators played audio of a phone call in which Colson told Hoerler that he knew the deputy personally and had once worked with his father at the Bartow Police Department. During questioning on Thursday, Colson said he also was close to the young deputy's family and said the two had formerly worked together at the Lake Wales Police Department.
Colson said he didn't realize the deputy was working undercover at the time his name was disclosed to Hoerler. When asked whether he knew he was endangering the deputy, Colson said he thought Hoerler to be nonviolent.
Colson said he befriended Hoerler about seven years ago. They shared an enthusiasm for motorcycles, and Hoerler would sometimes accompany Colson and other officers on ride-alongs.
Colson said he gradually learned that Hoerler sold marijuana and began assisting him with information, but said he never received favors or compensation in return.
"Big lapse in judgment. That's something I should have never done," Colson said Thursday. "In my mind Clayton was a person and not a drug dealer, but that's no excuse."
Earlier this year Hoerler was sentenced to 18 months in state prison as part of a plea agreement. He pleaded guilty Feb. 18 to conspiracy to engage in racketeering.
Several friends and family members spoke in support of Colson on Thursday, describing the Bartow native as a role model in the city's black community and an exemplary officer who rose to the rank of lieutenant at BPD. He had worked for the department from 1981 until his termination in 1997 after an internal affairs investigation regarding an arson case involving his girlfriend. He earned about $45,000 yearly as a Lake Wales officer until resigning after his arrest Aug. 13, 2008.
Assistant State Attorney Brad Copley said Thursday that Colson betrayed the community that looked up to him by cooperating with a drug dealer like Hoerler.
In delivering the sentence, Jacobsen said he was disturbed that Colson would reveal the identity of a fellow law enforcement officer and friend, as well as help a drug dealer, on an ongoing basis.
"To say this was a lapse in judgment is an understatement," Jacobsen said.
Circuit Judge Donald Jacobsen said it pained him to sentence Keenan Colson but said Colson should be held to a higher standard as a law enforcement officer.
"If I can't believe in law enforcement officers the whole system falls apart," Jacobsen said at the conclusion of a nearly three-hour hearing Thursday. He released Colson on the condition that he turn himself in by Dec. 30.
Colson, 51, was arrested last year as part of an eight-month, multi-agency investigation that included using wire taps to uncover an alleged drug operation in Haines City. The investigation revealed marijuana grow locations, and detectives seized about 20 pounds of marijuana and more than 160 marijuana plants, according to the Polk County Sheriff's Office.
Colson pleaded no contest to several charges in September.
Using his resources as a police officer, Colson supplied information and advice to Clayton Hoerler, 26, a personal friend and one of the drug ring's leaders. At Hoerler's request, Colson would run license tag numbers and check individuals for outstanding warrants. In one case, Colson ran a tag that belonged to an undercover sheriff's deputy and informed Hoerler.
Investigators played audio of a phone call in which Colson told Hoerler that he knew the deputy personally and had once worked with his father at the Bartow Police Department. During questioning on Thursday, Colson said he also was close to the young deputy's family and said the two had formerly worked together at the Lake Wales Police Department.
Colson said he didn't realize the deputy was working undercover at the time his name was disclosed to Hoerler. When asked whether he knew he was endangering the deputy, Colson said he thought Hoerler to be nonviolent.
Colson said he befriended Hoerler about seven years ago. They shared an enthusiasm for motorcycles, and Hoerler would sometimes accompany Colson and other officers on ride-alongs.
Colson said he gradually learned that Hoerler sold marijuana and began assisting him with information, but said he never received favors or compensation in return.
"Big lapse in judgment. That's something I should have never done," Colson said Thursday. "In my mind Clayton was a person and not a drug dealer, but that's no excuse."
Earlier this year Hoerler was sentenced to 18 months in state prison as part of a plea agreement. He pleaded guilty Feb. 18 to conspiracy to engage in racketeering.
Several friends and family members spoke in support of Colson on Thursday, describing the Bartow native as a role model in the city's black community and an exemplary officer who rose to the rank of lieutenant at BPD. He had worked for the department from 1981 until his termination in 1997 after an internal affairs investigation regarding an arson case involving his girlfriend. He earned about $45,000 yearly as a Lake Wales officer until resigning after his arrest Aug. 13, 2008.
Assistant State Attorney Brad Copley said Thursday that Colson betrayed the community that looked up to him by cooperating with a drug dealer like Hoerler.
In delivering the sentence, Jacobsen said he was disturbed that Colson would reveal the identity of a fellow law enforcement officer and friend, as well as help a drug dealer, on an ongoing basis.
"To say this was a lapse in judgment is an understatement," Jacobsen said.
Deputy Jeffrey Swartz Accused of Assaulting Wife Will Return to Duty
Hernando County Sheriff Richard Nugent will allow a deputy accused of assaulting his wife to return to duty, even though he said he is disappointed by the deputy's conduct and "poor judgment.''
In a memo, Nugent told Jeffrey Swartz, 34, that he had reviewed the internal affairs investigation of the Oct. 3 incident at Swartz's Spring Hill home in which the deputy got into an argument with his wife, Joyanna, that turned physical.
According to a sheriff's report, Swartz pushed his wife to the floor of their bedroom and placed his arms around her neck, but she broke free. He tried to restrain her by grabbing her arms, but she fended him off and called the Sheriff's Office for help, the report said.
Swartz was arrested on a count of misdemeanor domestic battery and was placed on administrative leave. Prosecutors later recommended that the charge be dropped.
The sheriff noted in his memo, dated Tuesday, that the investigation into whether Swartz violated the conduct-unbecoming policy was hampered by a lack of cooperation from Swartz's wife and his friends, who were at the deputy's home when the incident occurred.
According to a report by the State Attorney's Office, Swartz's wife had been drinking heavily that evening. Joyanna Swartz said "she got intoxicated and blew up and got out of control," the report said, adding, "She admitted that she had almost a complete blackout of the events."
During the evening, Swartz's wife reportedly became angry and despondent and wielded a butcher knife and a razor. Swartz said he grabbed her to prevent her from harming herself, and she later had trouble recounting the events of the evening.
The couple's friends told prosecutors that Joyanna Swartz had gotten "out of control" and that Swartz was merely trying to calm her down.
The report notes that Joyanna Swartz was clearly intoxicated during her 911 call and couldn't even recall her home phone number.
The photos of her injuries were "consistent with someone having tried to gain control" of her.
Nugent said in his memo to Swartz that he would not change the disposition of "unfounded" made by the internal affairs investigator and that Swartz would be returned promptly to duties as a sworn deputy.
But Nugent had stern words in his memo for Swartz, who has worked at the Sheriff's Office since April 2001.
"It is my opinion that the exercise of poor judgment on your part contributed directly to the incident at your home,'' he wrote. "Your statement that the event has resulted in embarrassment for both your family and this agency is correct.''
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In a memo, Nugent told Jeffrey Swartz, 34, that he had reviewed the internal affairs investigation of the Oct. 3 incident at Swartz's Spring Hill home in which the deputy got into an argument with his wife, Joyanna, that turned physical.
According to a sheriff's report, Swartz pushed his wife to the floor of their bedroom and placed his arms around her neck, but she broke free. He tried to restrain her by grabbing her arms, but she fended him off and called the Sheriff's Office for help, the report said.
Swartz was arrested on a count of misdemeanor domestic battery and was placed on administrative leave. Prosecutors later recommended that the charge be dropped.
The sheriff noted in his memo, dated Tuesday, that the investigation into whether Swartz violated the conduct-unbecoming policy was hampered by a lack of cooperation from Swartz's wife and his friends, who were at the deputy's home when the incident occurred.
According to a report by the State Attorney's Office, Swartz's wife had been drinking heavily that evening. Joyanna Swartz said "she got intoxicated and blew up and got out of control," the report said, adding, "She admitted that she had almost a complete blackout of the events."
During the evening, Swartz's wife reportedly became angry and despondent and wielded a butcher knife and a razor. Swartz said he grabbed her to prevent her from harming herself, and she later had trouble recounting the events of the evening.
The couple's friends told prosecutors that Joyanna Swartz had gotten "out of control" and that Swartz was merely trying to calm her down.
The report notes that Joyanna Swartz was clearly intoxicated during her 911 call and couldn't even recall her home phone number.
The photos of her injuries were "consistent with someone having tried to gain control" of her.
Nugent said in his memo to Swartz that he would not change the disposition of "unfounded" made by the internal affairs investigator and that Swartz would be returned promptly to duties as a sworn deputy.
But Nugent had stern words in his memo for Swartz, who has worked at the Sheriff's Office since April 2001.
"It is my opinion that the exercise of poor judgment on your part contributed directly to the incident at your home,'' he wrote. "Your statement that the event has resulted in embarrassment for both your family and this agency is correct.''
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Officer Robert Cahill Suspended after Assault Charge
A charge against a police officer convicted of attempted third-degree assault was conditionally discharged, but the officer has been suspended by the town for six months without pay.
Robert D. Cahill was found innocent of one count of misdemeanor assault during a September trial that involved video evidence, but the jury found him guilty of the lesser charge of attempted third-degree assault, also a misdemeanor.
Cahill's attorney, Jon Blechman, argued his client was acting in self-defense when he punched Patrick DiNottia on Nov. 26, 2008, at Giblin's, a popular Johnson City hangout frequented by police and firefighters.
Maine Justice Donald Magill this week followed the recommendation of the Broome County probation office's pre-sentence investigation for a conditional discharge. Cahill will be responsible for $205 in court fees.
Blechman said Cahill's discharge could be revoked if his client is convicted of a crime in the course of the year.
Vestal Supervisor Peter Andreasen said the town board decided to suspend Cahill shortly after the trial ended. Cahill has already gone two months without pay and has about four months remaining in his suspension, said Andreasen.
"He understands he has to stay out of trouble," said Andreasen.
DiNottia couldn't be reached for comment, but his parents weren't pleased with the sentencing.
"It is my understanding the tape is very detailed about what occurred, and the public needs to see that tape and make their opinions whether the sentencing was fair or not," said his mother, Janet DiNottia, referring to a video taken during the altercation.
His father, also named Patrick, added: "The tape is very clear as to what happened. Three approached one. He hit my son ... The officers then take off."
Blechman said the jury thoroughly reviewed that tape and found Cahill didn't cause any injuries to the victim, if there were even injuries suffered.
"The jury took a look at the facts," he said. "The fact is if he was above the law, there would never have been a trial and the case wouldn't have occurred."
Robert D. Cahill was found innocent of one count of misdemeanor assault during a September trial that involved video evidence, but the jury found him guilty of the lesser charge of attempted third-degree assault, also a misdemeanor.
Cahill's attorney, Jon Blechman, argued his client was acting in self-defense when he punched Patrick DiNottia on Nov. 26, 2008, at Giblin's, a popular Johnson City hangout frequented by police and firefighters.
Maine Justice Donald Magill this week followed the recommendation of the Broome County probation office's pre-sentence investigation for a conditional discharge. Cahill will be responsible for $205 in court fees.
Blechman said Cahill's discharge could be revoked if his client is convicted of a crime in the course of the year.
Vestal Supervisor Peter Andreasen said the town board decided to suspend Cahill shortly after the trial ended. Cahill has already gone two months without pay and has about four months remaining in his suspension, said Andreasen.
"He understands he has to stay out of trouble," said Andreasen.
DiNottia couldn't be reached for comment, but his parents weren't pleased with the sentencing.
"It is my understanding the tape is very detailed about what occurred, and the public needs to see that tape and make their opinions whether the sentencing was fair or not," said his mother, Janet DiNottia, referring to a video taken during the altercation.
His father, also named Patrick, added: "The tape is very clear as to what happened. Three approached one. He hit my son ... The officers then take off."
Blechman said the jury thoroughly reviewed that tape and found Cahill didn't cause any injuries to the victim, if there were even injuries suffered.
"The jury took a look at the facts," he said. "The fact is if he was above the law, there would never have been a trial and the case wouldn't have occurred."
Former Officer Bob Brabo Sentenced for Stealing from Department
A former Craig police officer has been sentenced to 48 hours of community service after pleading guilty to stealing about $500 from the departments drug task force.
Bob Brabo also received a one-year deferred sentence and was ordered to pay $484.50 in fines during a hearing Tuesday. Brabo resigned Nov. 5 and later pleaded guilty to one count of misdemeanor theft.
The money Brabo pleaded guilty to stealing was taken from drug funds from the department's All Crimes Enforcement Team.
The district attorney's office says Brabo received no special treatment and that his sentence is typical of first-time offenders charged with the same offense.
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Information from: Craig Daily Press, http://www.craigdailypress.com
Bob Brabo also received a one-year deferred sentence and was ordered to pay $484.50 in fines during a hearing Tuesday. Brabo resigned Nov. 5 and later pleaded guilty to one count of misdemeanor theft.
The money Brabo pleaded guilty to stealing was taken from drug funds from the department's All Crimes Enforcement Team.
The district attorney's office says Brabo received no special treatment and that his sentence is typical of first-time offenders charged with the same offense.
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Information from: Craig Daily Press, http://www.craigdailypress.com
Lt Richard Bolduc Admitts to Conduct Unbecoming an Officer
A state police lieutenant has admitted he acted in a manner unbecoming a police officer when he left his department-issued gun unlocked in a bureau inside his Sandwich home 18 months ago, a state police spokesman said.
Lt. Richard Bolduc, 52, of Sandwich accepted responsibility for the lapse just as his case was set to go before a state police trial board Tuesday, state police spokesman David Procopio said yesterday. The trial board is a military-style court used by the state police to hear internal cases.
In June 2008, the veteran trooper's son, who was 12 at the time, grabbed Bolduc's Sig Sauer P226 .40-caliber handgun from an unlocked bureau, took it to a neighbor's house, pointed it at a 5-year-old girl and pulled the trigger. The gun was not loaded, according to Sandwich police, but during their investigation, police found a loaded clip in the same unlocked drawer.
Procopio refused to say what punishment Bolduc was given.
But a law enforcement source said Bolduc, who earns a base salary of $90,564.76, was allowed to give up 20 vacation days for violating two department regulations — the policy requiring guns to be safely stored and conduct unbecoming a police officer. By avoiding a suspension, Bolduc doesn't lose any seniority, said the source, who is familiar with state police discipline.
Procopio said Bolduc gets 25 vacation days annually.
The veteran trooper could have faced anything from a letter in his file to being terminated for his actions, Procopio said. Procopio said state police policy prohibits him from disclosing the punishment, but acknowledged forfeiting time off is one of the punishments allowed by the state police. "I can't confirm or comment on the discipline of any department member," he said.
Procopio also refused comment on whether Bolduc expressed any remorse for the incident, which terrorized the young girl and her sisters.
Reached yesterday, Bolduc refused comment. "Never call my phone again," he said.
Bolduc is assigned to the state police barracks in Holden.
Brian Cunha, who represents the girl's family in a civil suit against Bolduc, declined to comment on the trooper's punishment, but said the girl has been undergoing psychological treatment since the incident.
"Having a gun pointed at your head and having the trigger pulled has to be one of the most traumatic things in your life," Cunha said. "She's traumatized, no doubt about it."
Sandwich police charged Bolduc with improper storage of a firearm, which is a felony, but that case was dismissed by a judge citing a U.S. Supreme Court ruling that called the constitutionality of gun storage laws into question. He could have faced up to 10 years in prison if he had been convicted of that charge.
Last month, the Massachusetts Supreme Judicial Court heard testimony in a gun storage case similar to the Bolduc case but has not yet issued a decision. District attorneys across the state, including Cape and Islands District Attorney Michael O'Keefe, signed on in support of the Middlesex County appeal and are awaiting the ruling from the state's highest court.
Bolduc's son was charged in juvenile court, but those cases are not open to the media.
Procopio said Tuesday's admission by Bolduc ends the internal investigation. The Times requested a copy of that investigation in September but was told it was still considered an active investigation until a resolution was reached. The newspaper again requested a copy of the state police report yesterday but has not yet received it.
Lt. Richard Bolduc, 52, of Sandwich accepted responsibility for the lapse just as his case was set to go before a state police trial board Tuesday, state police spokesman David Procopio said yesterday. The trial board is a military-style court used by the state police to hear internal cases.
In June 2008, the veteran trooper's son, who was 12 at the time, grabbed Bolduc's Sig Sauer P226 .40-caliber handgun from an unlocked bureau, took it to a neighbor's house, pointed it at a 5-year-old girl and pulled the trigger. The gun was not loaded, according to Sandwich police, but during their investigation, police found a loaded clip in the same unlocked drawer.
Procopio refused to say what punishment Bolduc was given.
But a law enforcement source said Bolduc, who earns a base salary of $90,564.76, was allowed to give up 20 vacation days for violating two department regulations — the policy requiring guns to be safely stored and conduct unbecoming a police officer. By avoiding a suspension, Bolduc doesn't lose any seniority, said the source, who is familiar with state police discipline.
Procopio said Bolduc gets 25 vacation days annually.
The veteran trooper could have faced anything from a letter in his file to being terminated for his actions, Procopio said. Procopio said state police policy prohibits him from disclosing the punishment, but acknowledged forfeiting time off is one of the punishments allowed by the state police. "I can't confirm or comment on the discipline of any department member," he said.
Procopio also refused comment on whether Bolduc expressed any remorse for the incident, which terrorized the young girl and her sisters.
Reached yesterday, Bolduc refused comment. "Never call my phone again," he said.
Bolduc is assigned to the state police barracks in Holden.
Brian Cunha, who represents the girl's family in a civil suit against Bolduc, declined to comment on the trooper's punishment, but said the girl has been undergoing psychological treatment since the incident.
"Having a gun pointed at your head and having the trigger pulled has to be one of the most traumatic things in your life," Cunha said. "She's traumatized, no doubt about it."
Sandwich police charged Bolduc with improper storage of a firearm, which is a felony, but that case was dismissed by a judge citing a U.S. Supreme Court ruling that called the constitutionality of gun storage laws into question. He could have faced up to 10 years in prison if he had been convicted of that charge.
Last month, the Massachusetts Supreme Judicial Court heard testimony in a gun storage case similar to the Bolduc case but has not yet issued a decision. District attorneys across the state, including Cape and Islands District Attorney Michael O'Keefe, signed on in support of the Middlesex County appeal and are awaiting the ruling from the state's highest court.
Bolduc's son was charged in juvenile court, but those cases are not open to the media.
Procopio said Tuesday's admission by Bolduc ends the internal investigation. The Times requested a copy of that investigation in September but was told it was still considered an active investigation until a resolution was reached. The newspaper again requested a copy of the state police report yesterday but has not yet received it.
Former Deputy Chief Charles Bassett Asks for Clemency
A former Pekin police officer who stole money from the police department has applied to Gov. Pat Quinn for executive clemency to expunge a felony from his record.
Former Pekin Police Deputy Chief Charles W. Bassett, 60, of Tremont, is scheduled for Jan. 14 clemency hearing in Springfield.
Meanwhile, on Oct. 20, the Illinois Department of Financial and Professional Regulation refused to renew a professional license held by Bassett because he did not report his criminal past. The renewal was denied because of “multiple violations of the Private Detective, Private Alarm, Private Security and Locksmith Act and the Rules for Administration Act,” according to IDFPR documents.
IDFPR spokeswoman Susan Hofer said that was all the information that could be released. She said she does not know in which line of business Bassett works.
Tazewell County State’s Attorney Stewart Umholtz said Tuesday that he had received a notice informing him of the clemency hearing and that he could submit a written response to the petition for clemency or appear in person before the board hearing the case.
Umholtz said he is still reviewing the petition to determine how he will respond and that he was unaware of the IDFPR decision.
“When I look at a petition for clemency or for pardon, I evaluate whether the person was honest in their petition, if they acknowledge their responsibility for their criminal conduct and have they presented evidence that they are entitled to this relief,” Umholtz said. “Usually there has to be something they have done with their life after their conviction.
“My thought process is that I want people who screwed up and committed crimes to become successful. We don’t want convicted criminals to continue to come back into the criminal justice system — we want it to knock some sense into them so they improve their lives and become useful members of the community.”
History
Bassett was a 30-year veteran of the department at the time of the theft.
On Oct. 10, 2002, then-Police Chief Tim Gillespie asked the Illinois State Police to investigate the missing money. Bassett was placed on paid administrative leave on Oct. 10, 2002, and resigned from the department on Dec. 2, 2002.
According to court records, Bassett stole $624 from the department’s seize fund and $1,235 from the petty cash fund, of which he had control, to gamble and to repay debts associated with a failed business venture.
He was sentenced to 30 months probation on Aug. 28, 2003, for official misconduct. He served 100 community service hours and paid restitution for the theft.
Bassett lost a pension valued at $1 million. He received $40,218.10 in pension benefits from December 2002 to September 2003 and had paid $94,404.24 into the pension fund during his career. The pension board terminated his pension benefits on Sept. 30, 2003, and refunded his contributions in the amount of $54,186.14.
Bassett filed a civil suit against the pension board seeking a refund of the total amount he had contributed with interest. The 10th Judicial Circuit Court ruled in Bassett’s favor, with the exception of granting him interest. The pension board appealed to the 3rd District Appellate Court, which upheld the circuit court’s ruling but also ruled that Bassett should receive the interest.
Former Pekin Police Deputy Chief Charles W. Bassett, 60, of Tremont, is scheduled for Jan. 14 clemency hearing in Springfield.
Meanwhile, on Oct. 20, the Illinois Department of Financial and Professional Regulation refused to renew a professional license held by Bassett because he did not report his criminal past. The renewal was denied because of “multiple violations of the Private Detective, Private Alarm, Private Security and Locksmith Act and the Rules for Administration Act,” according to IDFPR documents.
IDFPR spokeswoman Susan Hofer said that was all the information that could be released. She said she does not know in which line of business Bassett works.
Tazewell County State’s Attorney Stewart Umholtz said Tuesday that he had received a notice informing him of the clemency hearing and that he could submit a written response to the petition for clemency or appear in person before the board hearing the case.
Umholtz said he is still reviewing the petition to determine how he will respond and that he was unaware of the IDFPR decision.
“When I look at a petition for clemency or for pardon, I evaluate whether the person was honest in their petition, if they acknowledge their responsibility for their criminal conduct and have they presented evidence that they are entitled to this relief,” Umholtz said. “Usually there has to be something they have done with their life after their conviction.
“My thought process is that I want people who screwed up and committed crimes to become successful. We don’t want convicted criminals to continue to come back into the criminal justice system — we want it to knock some sense into them so they improve their lives and become useful members of the community.”
History
Bassett was a 30-year veteran of the department at the time of the theft.
On Oct. 10, 2002, then-Police Chief Tim Gillespie asked the Illinois State Police to investigate the missing money. Bassett was placed on paid administrative leave on Oct. 10, 2002, and resigned from the department on Dec. 2, 2002.
According to court records, Bassett stole $624 from the department’s seize fund and $1,235 from the petty cash fund, of which he had control, to gamble and to repay debts associated with a failed business venture.
He was sentenced to 30 months probation on Aug. 28, 2003, for official misconduct. He served 100 community service hours and paid restitution for the theft.
Bassett lost a pension valued at $1 million. He received $40,218.10 in pension benefits from December 2002 to September 2003 and had paid $94,404.24 into the pension fund during his career. The pension board terminated his pension benefits on Sept. 30, 2003, and refunded his contributions in the amount of $54,186.14.
Bassett filed a civil suit against the pension board seeking a refund of the total amount he had contributed with interest. The 10th Judicial Circuit Court ruled in Bassett’s favor, with the exception of granting him interest. The pension board appealed to the 3rd District Appellate Court, which upheld the circuit court’s ruling but also ruled that Bassett should receive the interest.
Officer Barbara Chandler Arrested for Family Violence
A Dallas police officer was arrested in Duncanville early Wednesday on a misdemeanor family violence assault charge.
Barbara Ann Chandler, a four-year veteran, has been placed on restricted duty. She faces a Class A misdemeanor assault charge, which carries a maximum penalty of one year in prison and a $4,000 fine.
Chandler, 29, is assigned to the city's south central patrol station.
The Duncanville Police Department did not respond immediately Wednesday morning to a request for additional details.
Barbara Ann Chandler, a four-year veteran, has been placed on restricted duty. She faces a Class A misdemeanor assault charge, which carries a maximum penalty of one year in prison and a $4,000 fine.
Chandler, 29, is assigned to the city's south central patrol station.
The Duncanville Police Department did not respond immediately Wednesday morning to a request for additional details.
Corrections Officer Robert Johnson Arrested for Domestic Violence
A corrections officer with the Hamilton County Sheriff's Office has been arrested for the second time in two months on domestic violence charges.
Chattanooga Police received a call Wednesday around 10:00 a.m. form a woman needing help at the Lake Resort Terrace Apartments.
The investigation resulted in Hamilton County Corrections Officer Robert L. Johnson, Jr. being charged with Simple Assault Domestic , Possession of Drug Paraphernalia and Vandalism Domestic.
Police took him to the Hamilton County Jail where he was booked and received a $15,000 bond by the magistrate. If he cannot make bond, he will be transferred to the Bradley County Jail.
On November 3, Channel 3 Eyewitness News reported that Officer Johnson was involved in a similar alleged Domestic Assault incident with a different woman at Lake Resort Terrace. Chattanooga Police responded to that call as well and charged him with Simple Assault Domestic, Aggravated Assault Domestic and Kidnapping.
Mr. Johnson was released on a $5,000 bond and suspended with pay in early November pending the outcome of those first criminal charges and the Internal Affairs investigation. Sheriff Hammond is waiting for the results of the Internal Affairs investigation today on these last charges to determine any additional sheriff's office response to Officer Johnson at this time.
Johnson's girlfriend told Chattanooga Police in November the two got into a heated argument. We obtained the arrest report from the incident. In that report, Johnson's girlfriend told police the corrections officer punched her in the face, put his hands around her neck and over her mouth. She told police he then bit her on the thigh and the neck.
At that point, she claims he took his gun out of the holster on his hip and held it to her head and told her to "die." She said she was held against her will for several hours before being able to escape. The girlfriend told police Johnson wore the gun holstered on his hip the entire time.
Eyewitness News wanted to know more about the weapon. Johnson is a commissioned officer. Is this his issued weapon? According to an Investigator with the Chattanooga Police Department , the gun was, in fact, issued by the county.
A spokesperson for the Hamilton County Sheriff's Office says Johnson has been working as a second shift Corrections Officer in the county since October 13, 2008. She was unable to tell us at the time if he had been sanctioned by the department before.
Chattanooga Police received a call Wednesday around 10:00 a.m. form a woman needing help at the Lake Resort Terrace Apartments.
The investigation resulted in Hamilton County Corrections Officer Robert L. Johnson, Jr. being charged with Simple Assault Domestic , Possession of Drug Paraphernalia and Vandalism Domestic.
Police took him to the Hamilton County Jail where he was booked and received a $15,000 bond by the magistrate. If he cannot make bond, he will be transferred to the Bradley County Jail.
On November 3, Channel 3 Eyewitness News reported that Officer Johnson was involved in a similar alleged Domestic Assault incident with a different woman at Lake Resort Terrace. Chattanooga Police responded to that call as well and charged him with Simple Assault Domestic, Aggravated Assault Domestic and Kidnapping.
Mr. Johnson was released on a $5,000 bond and suspended with pay in early November pending the outcome of those first criminal charges and the Internal Affairs investigation. Sheriff Hammond is waiting for the results of the Internal Affairs investigation today on these last charges to determine any additional sheriff's office response to Officer Johnson at this time.
Johnson's girlfriend told Chattanooga Police in November the two got into a heated argument. We obtained the arrest report from the incident. In that report, Johnson's girlfriend told police the corrections officer punched her in the face, put his hands around her neck and over her mouth. She told police he then bit her on the thigh and the neck.
At that point, she claims he took his gun out of the holster on his hip and held it to her head and told her to "die." She said she was held against her will for several hours before being able to escape. The girlfriend told police Johnson wore the gun holstered on his hip the entire time.
Eyewitness News wanted to know more about the weapon. Johnson is a commissioned officer. Is this his issued weapon? According to an Investigator with the Chattanooga Police Department , the gun was, in fact, issued by the county.
A spokesperson for the Hamilton County Sheriff's Office says Johnson has been working as a second shift Corrections Officer in the county since October 13, 2008. She was unable to tell us at the time if he had been sanctioned by the department before.
Former Officer Bobby Cutts Jr Will Not Get Chance to Appeal
A former Canton police officer in prison for killing his pregnant girlfriend and unborn child will not get a chance to argue his appeal to the Ohio Supreme Court.
Bobby Cutts, Jr. is serving life in prison with a chance of parole after 57 years. His attorneys felt he deserved a new trial, but Wednesday, the Ohio Supreme Court refused to hear his appeal.
"We met with Bobby a couple of weeks ago, we talked about it, we were optimistic and quite frankly were surprised that the Supreme Court denied, will not grant jurisdiction hearing this matter," said defense attorney Fernando Mack.
Defense attorneys contend former Canton police officer Bobby Cutts, Jr. did not get a fair trial. In February 2008, Cutts was convicted of killing his pregnant girlfriend Jessie Davis and their unborn daughter.
"I think we have always felt the brief we filed was meritorious," said Mack.
Cutts' attorneys claim there were several errors made during the trial. For example, they felt the judge in the case should have allowed jurors to consider a charge of involuntary manslaughter.
"It was our contention that it occurred when there was an elbow that struck Jessie Davis, and he accidentally killed her...we believe that at that point, 'cause we believe that the death was instantaneous, Mr. Cutts panicked," said defense attorney Myron Watson.
They also claim the verdicts were inconsistent. Cutts was found guilty of aggravated murder for baby Chloe, and a lesser charge of murder for Jessie Davis, even though it was the same act. After the trial, some jurors said they felt he could have called for help to save the unborn baby.
"That's a morality question because the deaths were not caused by his failure to call for aid," said Watson.
His attorneys also felt because of the intense media attention, the trial should have been held somewhere else.
"People within Stark County, probably 90 percent of them thought that he was guilty prior to even selecting the jury," Mack said.
Cutts' attorneys say they will consider appealing the case to the U.S. Supreme Court.
Fox 8 News spoke to Jessie Davis' mother, Patti Porter. In a phone interview, Porter said she has mixed feelings about the decision.
She says she hopes Bobby Cutts gets another chance someday, although she realizes her feelings may not be very popular.
Porter also goes on to say she forgives Cutts, and doesn't feel keeping him behind bars for the rest of his life does anything good for anyone involved.
Bobby Cutts, Jr. is serving life in prison with a chance of parole after 57 years. His attorneys felt he deserved a new trial, but Wednesday, the Ohio Supreme Court refused to hear his appeal.
"We met with Bobby a couple of weeks ago, we talked about it, we were optimistic and quite frankly were surprised that the Supreme Court denied, will not grant jurisdiction hearing this matter," said defense attorney Fernando Mack.
Defense attorneys contend former Canton police officer Bobby Cutts, Jr. did not get a fair trial. In February 2008, Cutts was convicted of killing his pregnant girlfriend Jessie Davis and their unborn daughter.
"I think we have always felt the brief we filed was meritorious," said Mack.
Cutts' attorneys claim there were several errors made during the trial. For example, they felt the judge in the case should have allowed jurors to consider a charge of involuntary manslaughter.
"It was our contention that it occurred when there was an elbow that struck Jessie Davis, and he accidentally killed her...we believe that at that point, 'cause we believe that the death was instantaneous, Mr. Cutts panicked," said defense attorney Myron Watson.
They also claim the verdicts were inconsistent. Cutts was found guilty of aggravated murder for baby Chloe, and a lesser charge of murder for Jessie Davis, even though it was the same act. After the trial, some jurors said they felt he could have called for help to save the unborn baby.
"That's a morality question because the deaths were not caused by his failure to call for aid," said Watson.
His attorneys also felt because of the intense media attention, the trial should have been held somewhere else.
"People within Stark County, probably 90 percent of them thought that he was guilty prior to even selecting the jury," Mack said.
Cutts' attorneys say they will consider appealing the case to the U.S. Supreme Court.
Fox 8 News spoke to Jessie Davis' mother, Patti Porter. In a phone interview, Porter said she has mixed feelings about the decision.
She says she hopes Bobby Cutts gets another chance someday, although she realizes her feelings may not be very popular.
Porter also goes on to say she forgives Cutts, and doesn't feel keeping him behind bars for the rest of his life does anything good for anyone involved.
Sgt. Deputy Clint Reynolds Arrested for Abusing his Wife
Sgt. Deputy Clint Reynolds of the Coweta County Sheriff's Office was arrested in Fairburn Wednesday afternoon for allegedly physically abusing his wife, Kimberly, according to authorities.
Reynolds was transported to the Coweta County Jail where he now faces criminal charges of battery and aggravated assault, according to Scott Dutton, the Georgia Bureau of Investigation Region 2 assistant special agent in charge.
The GBI was asked by the sheriff's office last week to initiate an investigation into allegations of domestic abuse involving Reynolds, according to Dutton. Warrants for Reynolds' arrest were obtained on Wednesday, and the deputy was arrested without incident in Fairburn by members of the Fairburn Police Department, the GBI and the sheriff's office.
Coweta County Sheriff Mike Yeager first confirmed last week that the sheriff's office was aware and looking into the "personnel" matter. Calls to the sheriff's office for information were not returned Wednesday.
Reynolds was transported to the Coweta County Jail where he now faces criminal charges of battery and aggravated assault, according to Scott Dutton, the Georgia Bureau of Investigation Region 2 assistant special agent in charge.
The GBI was asked by the sheriff's office last week to initiate an investigation into allegations of domestic abuse involving Reynolds, according to Dutton. Warrants for Reynolds' arrest were obtained on Wednesday, and the deputy was arrested without incident in Fairburn by members of the Fairburn Police Department, the GBI and the sheriff's office.
Coweta County Sheriff Mike Yeager first confirmed last week that the sheriff's office was aware and looking into the "personnel" matter. Calls to the sheriff's office for information were not returned Wednesday.
Wednesday, December 02, 2009
Sgt. Robert Alcon Accused of Misconduct
A Vilonia man helping to deliver newspapers on the night of Nov. 25 claims that the off-duty acting Mayflower Police Chief acted inappropriately in approaching him with a drawn handgun.
Micky Paul Grissom, 30, said on Monday that he was helping his wife deliver the Log Cabin Democrat to homes on Green Meadows Road a few miles south of Vilonia when he used a residential driveway to turn around and, at about 10:30 p.m., stopped in a section of road about 200 yards away to move newspapers from the bed of the pickup truck into the cab.
“I stopped to get out of the truck (and) threw my papers from the back of the truck to the front,” Grissom said. “Next thing I know there’s a car flying up on me and I see that there’s little blue lights in the grill and a guy gets out and yells, ‘What are you doing?’ I tell him I’m delivering papers ... and I turn back and look and he’s got his gun drawn on me, and he’s telling me to get back around the back of the truck. He got up to me and he saw the papers and he said, ‘Man, you can’t be stopping in front of people’s houses without telling them what’s going on.”
Grissom filed a police report to this effect Tuesday with the Vilonia Police Department. In his written statement to Vilonia police, Grissom stated, “That was the first time I feared for my life, and it was because of an off-duty officer.”
Acting Mayflower Chief of Police Sgt. Robert Alcon released a written statement on Tuesday in response, claiming that he observed the vehicle in his driveway for about 25 to 30 seconds before the truck pulled out and proceeded east on Hwy. 107, stopping in the road near an adjacent residence.
“I went and put on some jeans and boots and got my pistol from its holster,” Alcon stated in this release. “The truck was still there when I went outside to get in my patrol car. As I pulled out from my driveway the truck pulled out and started to go east. This made me have even more reasonable suspicion that there may be some criminal activity going on. My probable cause to make the traffic stop was (that the) vehicle was stopped in the roadway, blocking it for more than 10 minutes. I turned on my blue lights and made the stop approximately 50 yards from where the truck was parked.
“The driver ... stepped from the truck and I had advised him to show me his hands. I had my flashlight in my left hand and my pistol in my right hand. I did raise my pistol at about a 45-degree angle. Once he showed me his hands I dropped the pistol back to my side and put it in the small of my back. I recognized the driver as someone I know from Vilonia, and apparently he knew me, because he called me by name Alcon. I asked him what he was doing, and he told me he was the paper carrier, and I advised OK that it was the Christmas season and there are a lot of break ins at this time of year. We shook hands, and I advised him to have a good night, he said for me to do the same.”
Grissom said on Tuesday that he was “looking at the barrel, and I could see a light right beside it and I saw barrel pointed at me.
“That’s the whole deal of a gun being pointed at me, I don’t like that,” he said. “Whether it was pointed at me or not, it’s like I told them at Vilonia, when we fear our protectors, what are we supposed to do?” He said again that he feared for his life during the incident, and thought that any loud noise might have caused Alcon to shoot him. He said that he “would go check if somebody was messing around my neighborhood, but I wouldn’t come out with my gun.”
Alcon maintained that he held his handgun at a 45-degree muzzle-down angle when he made contact with Grissom and put the weapon away once he saw the man’s hands.
“I had the gun at about a 45 (degree angle) just to see if he was armed, and even if I had the gun pointed at him it would have been normal procedure,” Alcon said. “It’s a dangerous job we do. I like going home at night. I don’t know what he expects us to do. I’m a police officer. I’m not just Joe public trying to see what’s going on. ... Was I supposed to walk up there with my hands empty?”
“I am a police officer that has a right to protect myself ... I was trying to protect my neighbors,” he said.
Alcon is deputized by Faulkner County Sheriff Karl Byrd, and Byrd said that his jurisdiction is countywide.
Byrd said that he didn’t want to comment on the issue because he didn’t know the exact circumstances, but said that, in general, “Any officer, off-duty or not, I would be extremely disappointed if something suspicious was going on in his neighborhood and he didn’t investigate it — take some initiative to look into some suspicious circumstances going on in his neighborhood.”
Vilonia Chief of Police Brad McNew said that he would turn the incident over to the 20th Judicial Prosecuting Attorney’s office for review.
Micky Paul Grissom, 30, said on Monday that he was helping his wife deliver the Log Cabin Democrat to homes on Green Meadows Road a few miles south of Vilonia when he used a residential driveway to turn around and, at about 10:30 p.m., stopped in a section of road about 200 yards away to move newspapers from the bed of the pickup truck into the cab.
“I stopped to get out of the truck (and) threw my papers from the back of the truck to the front,” Grissom said. “Next thing I know there’s a car flying up on me and I see that there’s little blue lights in the grill and a guy gets out and yells, ‘What are you doing?’ I tell him I’m delivering papers ... and I turn back and look and he’s got his gun drawn on me, and he’s telling me to get back around the back of the truck. He got up to me and he saw the papers and he said, ‘Man, you can’t be stopping in front of people’s houses without telling them what’s going on.”
Grissom filed a police report to this effect Tuesday with the Vilonia Police Department. In his written statement to Vilonia police, Grissom stated, “That was the first time I feared for my life, and it was because of an off-duty officer.”
Acting Mayflower Chief of Police Sgt. Robert Alcon released a written statement on Tuesday in response, claiming that he observed the vehicle in his driveway for about 25 to 30 seconds before the truck pulled out and proceeded east on Hwy. 107, stopping in the road near an adjacent residence.
“I went and put on some jeans and boots and got my pistol from its holster,” Alcon stated in this release. “The truck was still there when I went outside to get in my patrol car. As I pulled out from my driveway the truck pulled out and started to go east. This made me have even more reasonable suspicion that there may be some criminal activity going on. My probable cause to make the traffic stop was (that the) vehicle was stopped in the roadway, blocking it for more than 10 minutes. I turned on my blue lights and made the stop approximately 50 yards from where the truck was parked.
“The driver ... stepped from the truck and I had advised him to show me his hands. I had my flashlight in my left hand and my pistol in my right hand. I did raise my pistol at about a 45-degree angle. Once he showed me his hands I dropped the pistol back to my side and put it in the small of my back. I recognized the driver as someone I know from Vilonia, and apparently he knew me, because he called me by name Alcon. I asked him what he was doing, and he told me he was the paper carrier, and I advised OK that it was the Christmas season and there are a lot of break ins at this time of year. We shook hands, and I advised him to have a good night, he said for me to do the same.”
Grissom said on Tuesday that he was “looking at the barrel, and I could see a light right beside it and I saw barrel pointed at me.
“That’s the whole deal of a gun being pointed at me, I don’t like that,” he said. “Whether it was pointed at me or not, it’s like I told them at Vilonia, when we fear our protectors, what are we supposed to do?” He said again that he feared for his life during the incident, and thought that any loud noise might have caused Alcon to shoot him. He said that he “would go check if somebody was messing around my neighborhood, but I wouldn’t come out with my gun.”
Alcon maintained that he held his handgun at a 45-degree muzzle-down angle when he made contact with Grissom and put the weapon away once he saw the man’s hands.
“I had the gun at about a 45 (degree angle) just to see if he was armed, and even if I had the gun pointed at him it would have been normal procedure,” Alcon said. “It’s a dangerous job we do. I like going home at night. I don’t know what he expects us to do. I’m a police officer. I’m not just Joe public trying to see what’s going on. ... Was I supposed to walk up there with my hands empty?”
“I am a police officer that has a right to protect myself ... I was trying to protect my neighbors,” he said.
Alcon is deputized by Faulkner County Sheriff Karl Byrd, and Byrd said that his jurisdiction is countywide.
Byrd said that he didn’t want to comment on the issue because he didn’t know the exact circumstances, but said that, in general, “Any officer, off-duty or not, I would be extremely disappointed if something suspicious was going on in his neighborhood and he didn’t investigate it — take some initiative to look into some suspicious circumstances going on in his neighborhood.”
Vilonia Chief of Police Brad McNew said that he would turn the incident over to the 20th Judicial Prosecuting Attorney’s office for review.
Officer Donald Prine Arrested for Aggravated Domestic Battery
A veteran Rockford police officer is arrested and charged with aggravated domestic battery.
According to our media partners at WNTA, Winnebago County Sheriff's Police were called to the 8100 block of South Main early last Thursday morning. Deputies say they found evidence of domestic violence involving Rockford Police Officer Donald Prine and his wife, who is a Boone County sheriff's deputy.
Prine turned himself in and bonded out of jail. He's on administrative leave
According to our media partners at WNTA, Winnebago County Sheriff's Police were called to the 8100 block of South Main early last Thursday morning. Deputies say they found evidence of domestic violence involving Rockford Police Officer Donald Prine and his wife, who is a Boone County sheriff's deputy.
Prine turned himself in and bonded out of jail. He's on administrative leave
Former Officer Greg Cannedy Convicted of False Imprisonment
A former San Leandro police officer has been convicted of false imprisonment for groping two women while he was on duty, his attorney said Wednesday.
Former Officer Greg Cannedy, 45, who retired from the department in 2007, entered no-contest pleas to two counts of false imprisonment - one a felony, the other a misdemeanor - said his attorney, Michael Rains.
Judge Kevin Murphy of Alameda County Superior Court sentenced Cannedy two months ago to 18 months of formal probation and six months of home detention while under electronic monitoring, Rains said.
"To this day, I believe the allegations against Greg were completely without merit," Rains said.
The misdemeanor conviction stemmed from an incident in September 2006, when Cannedy leaned over Jennifer Acuna in her kitchen and began kissing her before grabbing her hand and putting it on his crotch.
Acuna received $92,500 earlier this year under a civil settlement with the city.
Cannedy was convicted of felony false imprisonment for groping Starlah Burke during a traffic stop in 2005 after she repeatedly rebuffed his romantic overtures over a period of months.
Cannedy asked personal questions of Burke, told her that "he and his wife were not in love," continually showed up at her home and called her between May and December 2005 to discuss having sex, Burke said in her suit against the city. She received a $95,000 settlement.
Former Officer Greg Cannedy, 45, who retired from the department in 2007, entered no-contest pleas to two counts of false imprisonment - one a felony, the other a misdemeanor - said his attorney, Michael Rains.
Judge Kevin Murphy of Alameda County Superior Court sentenced Cannedy two months ago to 18 months of formal probation and six months of home detention while under electronic monitoring, Rains said.
"To this day, I believe the allegations against Greg were completely without merit," Rains said.
The misdemeanor conviction stemmed from an incident in September 2006, when Cannedy leaned over Jennifer Acuna in her kitchen and began kissing her before grabbing her hand and putting it on his crotch.
Acuna received $92,500 earlier this year under a civil settlement with the city.
Cannedy was convicted of felony false imprisonment for groping Starlah Burke during a traffic stop in 2005 after she repeatedly rebuffed his romantic overtures over a period of months.
Cannedy asked personal questions of Burke, told her that "he and his wife were not in love," continually showed up at her home and called her between May and December 2005 to discuss having sex, Burke said in her suit against the city. She received a $95,000 settlement.
Former Officer Raymond Conley Pleads Guilty
Former Dunbar Police Officer Raymond Conley pleaded guilty to a federal charge of depriving a woman's rights in court Wednesday. Court documents show he inappropriately searched the woman and then offered to let her go, in exchange for sex.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Former Officer David Seaton Indicted for Manslaughter & Assault
A former San Antonio police officer has been indicted for manslaughter and aggravated assault in the traffic death of a colleague last year.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
Trooper Alexis Hayes Alleges She was Sexually Assaulted by Commanding Officer
A New Jersey state trooper alleges she was sexually assaulted by a commanding officer, sexually harassed in the academy by a female commander and repeatedly abused at the hands of colleagues.
In a federal lawsuit filed late Tuesday, Trooper Alexis Hayes makes sweeping allegations against six individuals and the state police administration, saying it conducted an internal investigation to humiliate her while never taking appropriate action in the case.
"The State Police have turned Hayes - the victim - into an object of disdain and have subjected her to repeated hostile interrogations while implying that Hayes somehow bore ill will against her tormentors," the lawsuit said. "In consequence, Hayes suffered deep emotional trauma."
Hayes, 29, of Berlin, is seeking monetary damages, dismissal of the accused abusers and reform within the agency. Her lawsuit alleges the agency, with 3,035 members, hazed those in training, ignored sexual misconduct and closed ranks when she sought help.
Dave Jones, president of the State Troopers Fraternal Association, called the allegations "troubling" and said he intends to make sure they are "fully vetted."
"The allegations are of grave concern to me, from the onset of her career until now, and the victimization's that took place demand a complete and thorough investigation," Jones said.
State officials said Wednesday they were aware of the allegations, but could not comment on pending litigation.
"The New Jersey State Police treats any allegation of misconduct very seriously. As with all allegations of misconduct, these allegations will be vigorously and thoroughly investigated," State Police Capt. Gerald Lewis Jr. said in a written statement released late Wednesday.
Lee Moore, spokesman for the Attorney General's Office, said as a matter of practice, officials do not comment on pending litigation.
The lawsuit alleges the Attorney General's Office has been aware of the initial allegations since 2006, when an anonymous complaint was filed with the state's Equal Opportunity Office.
According to the lawsuit, filed by Moorestown attorney William Buckman, Hayes had been subjected to abusive and demeaning practices since she joined the academy in 2005.
That year, one of the academy instructors, Sgt. Christine Shallcross, who called Hayes "Peanut," repeatedly demeaned her, the suit said. One time, Shallcross aggressively grabbed Hayes' necktie with such force that the clasp broke. Another time Hayes was ordered to stand at attention while Shallcross drew on her face with a black permanent marker, the suit said.
"(Hayes) was required to remain standing at attention while Shallcross then chased another female trooper around and stabbed that other trooper in the neck with the marker, leaving a bruise," the lawsuit said.
After a graduation celebration, Hayes alleges Shallcross attempted to give Hayes her phone number, whispered in her ear, "Hayes, I love you," and kissed her on the cheek as Hayes was attempting to leave with her sister.
Shallcross, now working internal affairs investigations for the state police, said Wednesday she was familiar with the allegations, but could not comment.
During an internal affairs investigation, the lawsuit alleges Hayes was subjected to "lengthy questioning" numerous times and officials tried to convince Hayes that Shallcross' treatment was nothing more than mere "camaraderie."
When she was assigned to the same tactical unit in South Jersey as Lt. Thomas King, the lawsuit says, King began sending her text messages at all hours and once showed up unannounced at her house earlier this year.
Hayes alleges she was sexually assaulted by King, an acting captain, in April, when she was assigned to a detail of 49 officers sent to participate in funeral services for three officers slain in Pittsburgh.
During a night of drinking, she alleges, King "continually" made sure that Hayes had a full drink and Hayes returned to her hotel room "woozy from so much alcohol," the lawsuit said.
The lawsuit says King "somehow obtained" a copy of Hayes' room key and while Hayes was in bed, "inebriated," King sexually assaulted her. The lawsuit says she became pregnant as a result of the assault, and later terminated the pregnancy.
King could not be reached for comment.
On numerous other occasions, she alleges, he made sexual advances. In June, the lawsuit alleges, King assaulted Hayes with pepper spray in front of others, who did nothing to stop it, the lawsuit said.
Buckman, Hayes' attorney, said Hayes reported the alleged assault to local authorities in the Pittsburgh area and attempted to get a job transfer. It was unclear when the alleged assault was reported and how it was handled.
Buckman said rather than help Hayes, State Police authorities used their internal affairs investigation as "a mechanism" to stop the complaints about superiors and other troopers.
"Their real job is to whitewash things," Buckman said.
Buckman is recognized nationally for his role in exposing racial profiling on the New Jersey Turnpike, where minorities were disproportionately targeted for traffic stops and searches. He also went after the Lords of Discipline, a reputed secret society of state troopers who allegedly hazed others in their ranks. Though the state denied the group existed, it disciplined seven officers and settled harassment lawsuits that exceeded $1 million.
In her lawsuit, Hayes says she went to see the director of the State Police Employee Assistance Program, a confidential counseling service. Instead, the lawsuit said, she received a call from a lieutenant colonel, who told Hayes she "had to bear up with the imperfect conditions of the New Jersey State Police and go about her duties."
Eventually, Hayes went out on sick leave after suffering a "nervous breakdown," the lawsuit said.
But when she was involved in a car accident in October, the lawsuit said state police officials met her at a hospital and "refused to let (Hayes) obtain treatment until they forcibly extracted blood from her in an apparent effort to charge (Hayes) with intoxicated driving."
The lawsuit asks for an independent monitor of the State Police "in light of the outrageous and corrupt method by which the New Jersey State Police abuses its powers against its members, and then uses its internal affairs mechanisms to cover up those abuses."
In a federal lawsuit filed late Tuesday, Trooper Alexis Hayes makes sweeping allegations against six individuals and the state police administration, saying it conducted an internal investigation to humiliate her while never taking appropriate action in the case.
"The State Police have turned Hayes - the victim - into an object of disdain and have subjected her to repeated hostile interrogations while implying that Hayes somehow bore ill will against her tormentors," the lawsuit said. "In consequence, Hayes suffered deep emotional trauma."
Hayes, 29, of Berlin, is seeking monetary damages, dismissal of the accused abusers and reform within the agency. Her lawsuit alleges the agency, with 3,035 members, hazed those in training, ignored sexual misconduct and closed ranks when she sought help.
Dave Jones, president of the State Troopers Fraternal Association, called the allegations "troubling" and said he intends to make sure they are "fully vetted."
"The allegations are of grave concern to me, from the onset of her career until now, and the victimization's that took place demand a complete and thorough investigation," Jones said.
State officials said Wednesday they were aware of the allegations, but could not comment on pending litigation.
"The New Jersey State Police treats any allegation of misconduct very seriously. As with all allegations of misconduct, these allegations will be vigorously and thoroughly investigated," State Police Capt. Gerald Lewis Jr. said in a written statement released late Wednesday.
Lee Moore, spokesman for the Attorney General's Office, said as a matter of practice, officials do not comment on pending litigation.
The lawsuit alleges the Attorney General's Office has been aware of the initial allegations since 2006, when an anonymous complaint was filed with the state's Equal Opportunity Office.
According to the lawsuit, filed by Moorestown attorney William Buckman, Hayes had been subjected to abusive and demeaning practices since she joined the academy in 2005.
That year, one of the academy instructors, Sgt. Christine Shallcross, who called Hayes "Peanut," repeatedly demeaned her, the suit said. One time, Shallcross aggressively grabbed Hayes' necktie with such force that the clasp broke. Another time Hayes was ordered to stand at attention while Shallcross drew on her face with a black permanent marker, the suit said.
"(Hayes) was required to remain standing at attention while Shallcross then chased another female trooper around and stabbed that other trooper in the neck with the marker, leaving a bruise," the lawsuit said.
After a graduation celebration, Hayes alleges Shallcross attempted to give Hayes her phone number, whispered in her ear, "Hayes, I love you," and kissed her on the cheek as Hayes was attempting to leave with her sister.
Shallcross, now working internal affairs investigations for the state police, said Wednesday she was familiar with the allegations, but could not comment.
During an internal affairs investigation, the lawsuit alleges Hayes was subjected to "lengthy questioning" numerous times and officials tried to convince Hayes that Shallcross' treatment was nothing more than mere "camaraderie."
When she was assigned to the same tactical unit in South Jersey as Lt. Thomas King, the lawsuit says, King began sending her text messages at all hours and once showed up unannounced at her house earlier this year.
Hayes alleges she was sexually assaulted by King, an acting captain, in April, when she was assigned to a detail of 49 officers sent to participate in funeral services for three officers slain in Pittsburgh.
During a night of drinking, she alleges, King "continually" made sure that Hayes had a full drink and Hayes returned to her hotel room "woozy from so much alcohol," the lawsuit said.
The lawsuit says King "somehow obtained" a copy of Hayes' room key and while Hayes was in bed, "inebriated," King sexually assaulted her. The lawsuit says she became pregnant as a result of the assault, and later terminated the pregnancy.
King could not be reached for comment.
On numerous other occasions, she alleges, he made sexual advances. In June, the lawsuit alleges, King assaulted Hayes with pepper spray in front of others, who did nothing to stop it, the lawsuit said.
Buckman, Hayes' attorney, said Hayes reported the alleged assault to local authorities in the Pittsburgh area and attempted to get a job transfer. It was unclear when the alleged assault was reported and how it was handled.
Buckman said rather than help Hayes, State Police authorities used their internal affairs investigation as "a mechanism" to stop the complaints about superiors and other troopers.
"Their real job is to whitewash things," Buckman said.
Buckman is recognized nationally for his role in exposing racial profiling on the New Jersey Turnpike, where minorities were disproportionately targeted for traffic stops and searches. He also went after the Lords of Discipline, a reputed secret society of state troopers who allegedly hazed others in their ranks. Though the state denied the group existed, it disciplined seven officers and settled harassment lawsuits that exceeded $1 million.
In her lawsuit, Hayes says she went to see the director of the State Police Employee Assistance Program, a confidential counseling service. Instead, the lawsuit said, she received a call from a lieutenant colonel, who told Hayes she "had to bear up with the imperfect conditions of the New Jersey State Police and go about her duties."
Eventually, Hayes went out on sick leave after suffering a "nervous breakdown," the lawsuit said.
But when she was involved in a car accident in October, the lawsuit said state police officials met her at a hospital and "refused to let (Hayes) obtain treatment until they forcibly extracted blood from her in an apparent effort to charge (Hayes) with intoxicated driving."
The lawsuit asks for an independent monitor of the State Police "in light of the outrageous and corrupt method by which the New Jersey State Police abuses its powers against its members, and then uses its internal affairs mechanisms to cover up those abuses."
Former Officer Antonio Loza Convicted of Drunk Driving
A former San Mateo police officer has been convicted of drunken driving for crashing into a woman's car after drinking with other off-duty officers at a party, a prosecutor said today.
Antonio Loza, 34, of Belmont entered a no-contest plea Monday before Judge Robert Foiles of San Mateo County Superior Court. Loza was convicted of a misdemeanor count of drunken driving causing injury, said Karen Guidotti, an assistant district attorney.
Loza could face up to 20 days in jail when he is sentenced Jan. 22.
Loza and other off-duty San Mateo officers were drinking at a party March 5 at the Crowne Plaza Hotel in Foster City, Guidotti said. Loza "drank heavily" and drove off in his car for home, despite his friends' efforts to talk him out of it, authorities said.
Loza plowed into a woman's car while heading west on Highway 92 near Highway 101, Guidotti said. The woman suffered minor cuts and bruises, but her car was a total loss, authorities said.
An investigation by the California Highway Patrol determined that Loza's blood-alcohol level was 0.23 percent, nearly three times the .08 percent level that constitutes drunken driving, authorities said.
An attorney for Loza did not immediately respond to a request for comment today.
Loza was a San Mateo police officer from 2005 until March 12. Deputy Police Chief Mike Callagy declined to specify the manner in which Loza left the department.
Antonio Loza, 34, of Belmont entered a no-contest plea Monday before Judge Robert Foiles of San Mateo County Superior Court. Loza was convicted of a misdemeanor count of drunken driving causing injury, said Karen Guidotti, an assistant district attorney.
Loza could face up to 20 days in jail when he is sentenced Jan. 22.
Loza and other off-duty San Mateo officers were drinking at a party March 5 at the Crowne Plaza Hotel in Foster City, Guidotti said. Loza "drank heavily" and drove off in his car for home, despite his friends' efforts to talk him out of it, authorities said.
Loza plowed into a woman's car while heading west on Highway 92 near Highway 101, Guidotti said. The woman suffered minor cuts and bruises, but her car was a total loss, authorities said.
An investigation by the California Highway Patrol determined that Loza's blood-alcohol level was 0.23 percent, nearly three times the .08 percent level that constitutes drunken driving, authorities said.
An attorney for Loza did not immediately respond to a request for comment today.
Loza was a San Mateo police officer from 2005 until March 12. Deputy Police Chief Mike Callagy declined to specify the manner in which Loza left the department.
Former Officer Joshua Mantello Found Guilty of Assaulting Intoxicated Man
A former North Adams police officer has been found guilty of assaulting an intoxicated man who was placed in police custody after defecating on a welcome mat last year.
Joshua N. Mantello, 30, will receive probation and a six-month jail term when he is sentenced Friday in Berkshire Superior Court. He is free on personal recognizance until then.
Mantello punched and choked Matthew D. Trombley, 29, then filed a false police report about the Nov. 28, 2008, incident in North Adams, according to prosecutors.
Mantello, an eight-year veteran of the North Adams Police Department, was fired by Mayor John Barrett III in March after a criminal investigation led to the officer's criminal indictment.
Trombley, a known heroin user, was highly intoxicated and covered in his own feces when Mantello and other North Adams officers tried to subdue him after a disturbance outside of a North Church Street apartment last year.
Trombley banged on people's doors and defecated on a welcome mat, and somehow wound up covered in his own waste, according to testimony in Mantello's weeklong Superior Court bench trial, which concluded Monday.
That's when Judge John A. Agostini found Mantello guilty of two counts of assault and battery and single counts of misleading a police officer and filing a false police report.
Agostini ordered Mantello to serve six months of a two-year sentence in the Berkshire
County Jail & House of Correction. The balance of that sentence will be suspended if Mantello stays out of trouble.
Mantello was found not guilty of one count of assault and battery with a dangerous weapon -- a stun gun.
Agostini agreed to a request by defense counsel Thomas Drechsler to delay sentencing until Friday, giving Mantello time to wrap up loose ends before he goes to jail.
Berkshire First Assistant District Attorney Paul J. Caccaviello recommended that Agostini consider sending Mantello to prison for up to four years, but the judge rejected that recommendation.
"I do not believe state prison would at all be appropriate in this case," Agostini said.
Mantello opted for a jury-waived trial, leaving his fate with Agostini, who acknowledged the trial was a "very, very difficult case."
Agostini said he did not believe Mantello went to work on Nov. 28, 2008, with the intent of injuring someone or committing a crime. But evidence presented during the trial showed that Trombley was heavily intoxicated and that Mantello used excessive force in subduing him.
Agostini said Trombley was confused, incoherent and uncooperative during the booking process at the North Adams Police Department. Nonetheless, Trombley's unruly behavior did not justify Mantello's harsh treatment, Agostini said.
Trombley's booking was videotaped, per departmental policy on all bookings, and highlights of that process were shown again during Monday's closing arguments.
"Each time I see it, I find it very disturbing," Agostini said of the videotape. "There seems to be no legitimate reason for these punches to be thrown."
The tape shows Mantello using foul language toward Trombley -- who is visibly intoxicated -- and pushing the man's head against the booking-room wall. The tape also shows Mantello striking Trombley three times, though Drechsler claimed the blows were delivered with the officer's palm -- not a closed fist.
The defense attorney said Trombley's screams were the tacticsof "a consummate faker," someone intent on causing a scene, while Caccaviello claimed they were the result of Trombley being "severely assaulted."
During the trial, Drechsler referred to Trombley as a "feces-encrusted" biohazard who was so dirty and disobedient that Mantello was the only officer courageous enough to subdue him.
Mantello was prompted to use force against Trombley after Trombley assaulted the officer, according to Drechsler. When the booking tape is played in slow motion, he said, it shows Trombley kick at Mantello.
As a result, Mantello can be heard telling Trombley that he would be charged with assaulting a police officer. Various charges lodged against Trombley were dropped after Mantello was criminally charged.
The prosecutor said Mantello engaged in "shading the facts" when he stated things in his police report that were not evident during the 15-minute booking video.
Caccaviello used a book-vs.-movie analogy, claiming the movie version of events (the videotape) bore no resemblance to the book version of events (Mantello's written report). The incidents described in Mantello's report simply did not match the video evidence, Caccaviello said.
Drechsler claimed that Trombley -- who has virtually no recollection of the events due to his level of intoxication -- was not seriously injured in the incident.
Rather, he said, it was Mantello who risked injury when he attempted to control an unruly subject covered in bodily fluids that posed a health threat, including the possible transmission of Hepatitis C or HIV.
The government's attempt to turn Trombley into "some sort of a hero" is antithetical to who he really was -- a drug user with a criminal past, Drechsler said.
Drechsler insisted that Trombley upped the ante by continually refusing to comply with police orders, while Mantello attempted to defuse the tense situation.
"Somebody had to do something, and Josh Mantello was the only one who did something," Drechsler said, noting that another officer was overcome by Trombley's stench and had to desert his post to vomit.
Caccaviello did not attempt to sugar-coat Trombley's character, but said Mantello exacerbated matters by screaming obscenities at Trombley, who appeared relatively docile in the booking tape.
"I'm not saying [Trombley's] an angel," Caccaviello said. "But it's the defendant who's the professional."
The tape contains no evidence of Trombley hitting, punching, kicking or spitting at Mantello, who deliberately falsified his written report to cover up his wrongdoing, Caccaviello said.
"He had to mislead his superiors," Caccaviello said.
Joshua N. Mantello, 30, will receive probation and a six-month jail term when he is sentenced Friday in Berkshire Superior Court. He is free on personal recognizance until then.
Mantello punched and choked Matthew D. Trombley, 29, then filed a false police report about the Nov. 28, 2008, incident in North Adams, according to prosecutors.
Mantello, an eight-year veteran of the North Adams Police Department, was fired by Mayor John Barrett III in March after a criminal investigation led to the officer's criminal indictment.
Trombley, a known heroin user, was highly intoxicated and covered in his own feces when Mantello and other North Adams officers tried to subdue him after a disturbance outside of a North Church Street apartment last year.
Trombley banged on people's doors and defecated on a welcome mat, and somehow wound up covered in his own waste, according to testimony in Mantello's weeklong Superior Court bench trial, which concluded Monday.
That's when Judge John A. Agostini found Mantello guilty of two counts of assault and battery and single counts of misleading a police officer and filing a false police report.
Agostini ordered Mantello to serve six months of a two-year sentence in the Berkshire
County Jail & House of Correction. The balance of that sentence will be suspended if Mantello stays out of trouble.
Mantello was found not guilty of one count of assault and battery with a dangerous weapon -- a stun gun.
Agostini agreed to a request by defense counsel Thomas Drechsler to delay sentencing until Friday, giving Mantello time to wrap up loose ends before he goes to jail.
Berkshire First Assistant District Attorney Paul J. Caccaviello recommended that Agostini consider sending Mantello to prison for up to four years, but the judge rejected that recommendation.
"I do not believe state prison would at all be appropriate in this case," Agostini said.
Mantello opted for a jury-waived trial, leaving his fate with Agostini, who acknowledged the trial was a "very, very difficult case."
Agostini said he did not believe Mantello went to work on Nov. 28, 2008, with the intent of injuring someone or committing a crime. But evidence presented during the trial showed that Trombley was heavily intoxicated and that Mantello used excessive force in subduing him.
Agostini said Trombley was confused, incoherent and uncooperative during the booking process at the North Adams Police Department. Nonetheless, Trombley's unruly behavior did not justify Mantello's harsh treatment, Agostini said.
Trombley's booking was videotaped, per departmental policy on all bookings, and highlights of that process were shown again during Monday's closing arguments.
"Each time I see it, I find it very disturbing," Agostini said of the videotape. "There seems to be no legitimate reason for these punches to be thrown."
The tape shows Mantello using foul language toward Trombley -- who is visibly intoxicated -- and pushing the man's head against the booking-room wall. The tape also shows Mantello striking Trombley three times, though Drechsler claimed the blows were delivered with the officer's palm -- not a closed fist.
The defense attorney said Trombley's screams were the tacticsof "a consummate faker," someone intent on causing a scene, while Caccaviello claimed they were the result of Trombley being "severely assaulted."
During the trial, Drechsler referred to Trombley as a "feces-encrusted" biohazard who was so dirty and disobedient that Mantello was the only officer courageous enough to subdue him.
Mantello was prompted to use force against Trombley after Trombley assaulted the officer, according to Drechsler. When the booking tape is played in slow motion, he said, it shows Trombley kick at Mantello.
As a result, Mantello can be heard telling Trombley that he would be charged with assaulting a police officer. Various charges lodged against Trombley were dropped after Mantello was criminally charged.
The prosecutor said Mantello engaged in "shading the facts" when he stated things in his police report that were not evident during the 15-minute booking video.
Caccaviello used a book-vs.-movie analogy, claiming the movie version of events (the videotape) bore no resemblance to the book version of events (Mantello's written report). The incidents described in Mantello's report simply did not match the video evidence, Caccaviello said.
Drechsler claimed that Trombley -- who has virtually no recollection of the events due to his level of intoxication -- was not seriously injured in the incident.
Rather, he said, it was Mantello who risked injury when he attempted to control an unruly subject covered in bodily fluids that posed a health threat, including the possible transmission of Hepatitis C or HIV.
The government's attempt to turn Trombley into "some sort of a hero" is antithetical to who he really was -- a drug user with a criminal past, Drechsler said.
Drechsler insisted that Trombley upped the ante by continually refusing to comply with police orders, while Mantello attempted to defuse the tense situation.
"Somebody had to do something, and Josh Mantello was the only one who did something," Drechsler said, noting that another officer was overcome by Trombley's stench and had to desert his post to vomit.
Caccaviello did not attempt to sugar-coat Trombley's character, but said Mantello exacerbated matters by screaming obscenities at Trombley, who appeared relatively docile in the booking tape.
"I'm not saying [Trombley's] an angel," Caccaviello said. "But it's the defendant who's the professional."
The tape contains no evidence of Trombley hitting, punching, kicking or spitting at Mantello, who deliberately falsified his written report to cover up his wrongdoing, Caccaviello said.
"He had to mislead his superiors," Caccaviello said.
Deputy John Harvey Pleads No Contest to Reckless Driving
A Volusia County Deputy has pleaded no contest to reckless driving in an August crash.
Arrest reports say 51-year-old John Harvey struck a South Daytona patrol car and told an officer he had "a lot" to drink. He was charged with driving under the influence, refusing to take an alcohol breath test, careless driving and leaving the scene of an accident.
Court records show he pleaded no contest in November to a reduced charge of reckless driving. Other charges were dismissed.
Harvey's attorney told the Daytona Beach News-Journal the arrest report shows confusion between his client and the arresting officers about Harvey's status as a law enforcement officer and Harvey's attempt to disclose he had a firearm.
The sheriff's office is conducting an internal investigation.
Arrest reports say 51-year-old John Harvey struck a South Daytona patrol car and told an officer he had "a lot" to drink. He was charged with driving under the influence, refusing to take an alcohol breath test, careless driving and leaving the scene of an accident.
Court records show he pleaded no contest in November to a reduced charge of reckless driving. Other charges were dismissed.
Harvey's attorney told the Daytona Beach News-Journal the arrest report shows confusion between his client and the arresting officers about Harvey's status as a law enforcement officer and Harvey's attempt to disclose he had a firearm.
The sheriff's office is conducting an internal investigation.
Trial Date Reset for Officer John Deegan Charged with Possessing Child Porn
Trial was postponed Tuesday for a veteran LAPD officer and Long Beach resident charged with possessing child pornography.
John Deegan, 54, who was indicted by a federal grand jury on two counts of possession of child pornography, will return to federal court March 16 when his new trial date is scheduled, said Thom Mrozek, spokesman for the United States Attorney's Office.
Charged with Deegan was his 27-year-old son, Jonathon Deegan, who pleaded guilty to the same counts last month and who was immediately taken into custody.
Federal investigators first came to suspect the younger Deegan - who had no previous criminal history - of trading pornographic pictures and videos on the Internet, according to court documents.
When FBI agents served a search warrant at the Long Beach home he shared with his father, they found 600 images on his computer of children, some as young as 4 years old, involved in sex acts with adults. They also found alleged child pornography on his father's computer, court documents show.
Father and son turned themselves in to authorities Oct. 5 and were released on $10,000 bond each.
The elder Deegan - a 22-year veteran of the Los Angeles Police Department - was placed on administrative leave in March when the department was notified of the FBI's investigation. He had been assigned to the Central Division's Patrol Unit, LAPD officials said.
If the elder Deegan is convicted, he faces the possibility of up to 10 years in federal prison and a $250,000 fine, plus lifetime supervised release and having to register as sex offenders. His son faces a similar sentence.
FBI investigators were able to identify some of the children, none of whom are local, and although the Deegans are not suspected of contacting the children, federal prosecutors are also seeking $1 million in restitution for the victims.
The younger Deegan is scheduled to return to federal court for sentencing April 26.
The elder Deegan remains free on bail as he awaits his trial.
John Deegan, 54, who was indicted by a federal grand jury on two counts of possession of child pornography, will return to federal court March 16 when his new trial date is scheduled, said Thom Mrozek, spokesman for the United States Attorney's Office.
Charged with Deegan was his 27-year-old son, Jonathon Deegan, who pleaded guilty to the same counts last month and who was immediately taken into custody.
Federal investigators first came to suspect the younger Deegan - who had no previous criminal history - of trading pornographic pictures and videos on the Internet, according to court documents.
When FBI agents served a search warrant at the Long Beach home he shared with his father, they found 600 images on his computer of children, some as young as 4 years old, involved in sex acts with adults. They also found alleged child pornography on his father's computer, court documents show.
Father and son turned themselves in to authorities Oct. 5 and were released on $10,000 bond each.
The elder Deegan - a 22-year veteran of the Los Angeles Police Department - was placed on administrative leave in March when the department was notified of the FBI's investigation. He had been assigned to the Central Division's Patrol Unit, LAPD officials said.
If the elder Deegan is convicted, he faces the possibility of up to 10 years in federal prison and a $250,000 fine, plus lifetime supervised release and having to register as sex offenders. His son faces a similar sentence.
FBI investigators were able to identify some of the children, none of whom are local, and although the Deegans are not suspected of contacting the children, federal prosecutors are also seeking $1 million in restitution for the victims.
The younger Deegan is scheduled to return to federal court for sentencing April 26.
The elder Deegan remains free on bail as he awaits his trial.
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