Saturday, February 06, 2010

Ottawa Officer Charged with Harassment

Ottawa police have charged one of their own with criminal harassment in connection with a series of incidents that happened over a four month period.

Police say the 43-year-old officer has been charged with three counts of criminal harassment for events that occurred between Nov. 1, 2009 and Feb. 5, 2010.

The name of the officer will not be released in order to protect the victim's privacy.

According to Supt. Mike Flanagan, there was a personal relationship between the officer and the victim.

Police are still investigating to see whether charges will also be laid under the Police Services Act.

The officer has been suspended with strict conditions, and he will appear in court on Sunday.

Detroit Officer Charged with Overtime Fraud

Another Detroit police officer has been suspended on accusations that he bilked the city of $15,000 in overtime pay, the Free Press has learned.

Police spokesman John Roach confirmed that a 23-year veteran of the department's 10th precinct is suspended with pay after an internal investigation determined the officer regularly signed in at courthouses on his off days when he had no court business, then put in for overtime pay.

"Of 73 cases he had signed in for in 2009, we found that 55 were fraud and he had no business being there," said Roach, who cited personnel issues in declining to release the officer's name for a story first reported Friday on freep.com.

The department is investigating whether the officer had been signing in fraudulently for court business before last year as well, Roach said. The department began the investigation after a commander within the precinct noticed the officer was going to court too often, given his job assignment.

The officer marks the fourth suspension in recent weeks. Last month, an Eastern District officer was suspended without pay on accusations that he regularly left his police job early to moonlight as a security guard at St. John Hospital and Medical Center in Detroit. His reported ruse also is believed to have cost the city about $15,000.

Another Eastern District officer was accused of submitting fraudulent activity logs while on vacation out of the country, meaning she got paid her normal salary for what should have been vacation days. A sergeant with the Eastern District also has been suspended for approving both of his subordinates' fraudulent logs, Roach said.

Next week, the Detroit Board of Police Commissioners is to weigh Chief Warren Evans' recommendation that the two officers and sergeant currently suspended with pay also be stripped of their pay.

Officer Michael Lourenso Arrested for Forging Prescription

Ramapo police have arrested a village police officer on allegations he forged a medical prescription to illegally obtain pain killers from a pharmacist.

Michael Lourenso, 35, who has been out on disability since December , was arrested Friday afternoon on two felony counts of second-degree criminal possession of a forged instrument.

Following his arrest, Lourenso was placed on administrative leave with pay pending further action by Suffern village officials, Suffern Police Chief Clarke Osborn said Saturday.

Lourenso is accused of taking blank prescription pads from a Haverstraw doctor and filling slips out, including writing the name of the doctor on the request, Ramapo Police Detective Lt. Brad Weidel said today.

He then used the paperwork to obtain pain killers from a CVS pharmacy in Montebello, Weidel said.

The pharmacist who supplied the narcotics called the doctor's whose name was written on the prescription, Weidel said. The doctor denied filling out the prescription, he said.

"The doctor indicated he didn't provide a prescription for Mr. Lourenso," Weidel said. "That set in motion law enforcement getting involved."

Following an investigation, Ramapo police arrested Lourenso at 12:30 p.m. Friday. Lourenso, an officer for nearly four years, lives in Monroe, Orange County.

Ramapo Justice Rhoda Schoenberger released Lourenso without bail pending future court hearings.

Weidel said detectives plan to discuss the case with the Rockland District Attorney's Office on Monday.

Detective Jose Valencia Caught by FBI Promising Gun to Drug Dealer

A Santa Fe cop may end up losing his badge after he was caught on an FBI tape promising a gun to a drug dealer "who clearly conveyed his intent to commit murder," according to police documents. Santa Fe police Detective Jose Valencia - who was the police union president at the time the conversation was caught on tape two years ago - was recommended for termination by Chief Aric Wheeler last week, the Journal has learned. The alleged drug dealer is Maximiliano Gonzales of Pecos, whom Valencia has known on some level for years.

Valencia has been on administrative leave since October. He also is accused of providing the description of an undercover officer to Gonzales and with making disparaging remarks about fellow officers to the drug suspect, according to state Department of Public Safety documents. But a lawsuit against the city of Santa Fe is in the works, according to an attorney for Valencia who claims his client was the victim of entrapment on the part of "administration higher-ups." Albuquerque attorney Alvin Garcia told the Journal the actions taken against Valencia were a product of a "retaliation" against his client "for reporting corruption (within the department) and not participating in cover-ups." "He was warned that things would come back to bite him," Garcia said. "And they have."

Notice of action The allegations against Valencia are spelled out in a DPS document that calls for Valencia's certification as an officer to be revoked, which was written by state Law Enforcement Academy Board director Arthur Ortiz. Valencia is scheduled to go before the board Thursday for a formal hearing. The board is expected to determine his fate at a meeting in March.

The FBI was investigating a separate case two years ago when the agency recorded conversations between Valencia and Gonzales, according to FBI spokesman Darrin Jones. The FBI - which was not investigating Valencia - turned over the information to Santa Fe police and that ended the bureau's involvement in the matter, according to Jones. Jones, who would not say what the FBI investigation was about, said Valencia was not being wiretapped.

According to Ortiz's document, Valencia spoke with a "known criminal and drug dealer" by phone Feb. 22 and 26, 2008. During those conversations, Valencia "agreed to provide" a gun to Gonzales, who planned on using it to commit murder, the document states. The document also says Valencia "provided the criminal with a description of an undercover officer who was possibly investigating the criminal, and provided the criminal with information and advice adverse to law enforcement." Another document associated with the academy board investigation states Valencia was "degrading law enforcement by speaking negatively about his fellow officers to a known criminal." And when Santa Fe police talked to Valencia about the incident, the detective "was untruthful with investigating officers," according to Ortiz's reports. The academy board sent Valencia a notice of contemplated action in August.

The next month, the detective went before the board for an informal hearing, where Valencia "took no responsibility for his actions, saying it was a misunderstanding because he was conducting a ruse on the informant to obtain information from him," according to the report. Garcia, Valencia's attorney, said Valencia has "been labeled a dirty cop before he has an opportunity to present his side." He contends police administration higher-ups became upset with Valencia after he refused to participate in "cover-ups," but he wouldn't be more specific. Valencia's alleged wrongdoing took place under the administration of former Police Chief Eric Johnson. Current Chief Aric Wheeler was a deputy chief at the time.

Entrapment claim

Valencia was doing his job when he met Gonzales and followed all protocol, without knowing he was being set up, Garcia said. "This guy didn't just fall out of a tree and land at the doorstep and ask for a gun," Garcia said. "They were entrapping him." Garcia denies Valencia was offering to provide a weapon to Gonzales. Garcia also contends the City Attorney's Office has engaged in activity that is "unfair and perhaps illegal" by not producing to his client the Santa Fe police internal affairs documentation or the FBI recordings. Garcia said he expects to file a tort claim notice with the city this week and will spell out his allegations in a coming lawsuit. Garcia said Wheeler recommended Valencia's termination last Thursday, though Wheeler declined to comment on that, citing the case as a confidential personnel matter and the prospect of litigation.

The termination must be approved by the city manager, and Valencia will have a chance to appeal. Allan Lopez, who was elected to replace Valencia as head of the Santa Fe Police Officers Association in December, said that if the allegations are true, they would "have a big impact on our Police Department and our extended law enforcement family." Lopez said that the allegations are "serious and alarming" and that, while the union supports due process for everyone, "we can never condone or support these allegations," if they're found to be true. Lopez also said the allegations first surfaced about a year ago, and the Police Department and City Hall administration were aware of them. He said there was a union "no confidence" vote against Valencia in January 2009.

Friday, February 05, 2010

Officer Michael Delmont Jr Charged with Having Sex on Duty

A Chisago County police officer was charged this week with misconduct for allegedly having on-duty sex and providing alcohol to a 19-year-old college student whom he may have met while serving as her high school resource officer.

An investigation continues into whether Officer Michael Joseph Delmont, Jr. was involved with the student before she turned 18 or whether he may have had inappropriate contact with other former students.

"In my 20-plus years of prosecution, I've never seen anything quite like this," said Isanti County Attorney Jeff Edblad, whose office is handling the case to avoid a conflict of interest. "What stands out to me is the allegations, if proven true, are very disturbing because it shows a police officer putting his own wants and needs ahead of public safety. He's putting his own gratuitous self-pleasure ahead of serving the constituents of his town."

Delmont, of Lino Lakes, a member of the 12-officer Lakes Area Police Department, is charged with police officer misconduct and furnishing liquor to a minor - both gross misdemeanors - and obstructing the legal process, a misdemeanor. He was arrested Thursday and released Friday without bail, under conditions that include staying away from the woman and surrendering all firearms.

Delmont was placed on paid administrative leave from his job, according to Lakes Area deputy chief Bill Schlumbohm.

Charges filed Thursday stem from a relationship Delmont allegedly had starting in 2007 with the woman, who is now 21 and a college student. According to the charges, the two had multiple sexual encounters while Delmont was on duty and after the student had drunk alcohol and had driven to meet him at Ki Chi Saga Park in Lindstrom during the spring of 2007.

Later that summer, Delmont provided her with alcohol and, though he was aware she had been drinking before meeting him, he allowed her to drive away, charges say.

Thursday, February 04, 2010

Officer William Christie Accused of Stealing from Dead Man

After the discovery of the body of a resident at the Leaning Tower YMCA in Niles, village police officer William Christie reached out to the man's sister, offered to clean out the room and later even sent her $274 in cash he said he found among the possessions.

But Christie's gestures didn't turn out to be so magnanimous, authorities charged Thursday.

Instead, the veteran officer had himself pocketed about $1,700, including more than $500 in coins he carted off in a cardboard box from the dead man's room, the charges alleged.

Investigators captured the theft on a video camera hidden in the YMCA room, authorities said. YMCA staffers had grown suspicious and alerted Niles police after Christie attempted to access the room repeatedly in the days after the resident's death. In a sting operation, police had even added marked bills to the stash left by the resident.

Christie, 48, a Niles officer for 27 years, surrendered to authorities Thursday at the Skokie Courthouse on theft and official misconduct charges following an investigation by his own department and the Cook County state's attorney's office. He was released after posting 10 percent of $50,000 bail. His attorney, Terry Sullivan, declined to comment.

"We take these types of allegations very seriously," Niles Police Chief Dean Strzelecki said in a telephone interview. "If we had not acted immediately, (the money) would have been all gone."

Christie resigned from the department in late November, just a day before Strzelecki was expected to present evidence of the theft to the village's police and fire board.

Court records show that Christie was facing severe financial difficulties. Last March a bank moved to foreclose on his $680,000 Niles house, saying he and his wife hadn't made a mortgage payment for almost a year. That lawsuit is still ongoing in Cook County Circuit Court.

In mid-2008 Christie and his wife filed for bankruptcy protection from creditors. He reported more than $750,000 in liabilities, including $81,000 in credit-card debt. His mortgage payment totaled $3,742 a month, according to the records, and he said he and his wife had only $20 cash in hand.

Police and prosecutors declined to release the name of the resident whose decomposed body was discovered Nov. 9 at the YMCA at 6300 W. Touhy Ave. in Niles, but records from the Cook County medical examiner's office identified him as Larry Pollak, 57. An autopsy determined he had died of cardiovascular disease.

On the night Pollak was found, authorities alleged, Christie made an odd request. He told YMCA staff that he would be off-duty for the next three days but that if anyone wanted to gain entry to the room, he should be notified immediately. He provided his personal cell phone number and told employees to keep the room sealed.

But the only one trying to enter Pollak's room was Christie himself, even after he'd been instructed to withdraw from the routine death investigation, Strzelecki said. On Nov. 17, YMCA staffers called Christie's supervisor, saying something was strange about the officer's repeated attempts to enter Pollak's apartment.

"He'd been told to let the detectives handle it and then the Y called," Strzelecki said. "That kind of raised everybody's suspicions."

The next day, Nov. 18, investigators hid a video camera in the room and tallied how much cash had been left behind by Pollak, according to the charges. They found more than $1,000 in coins and an additional $768 in currency. Investigators added an additional $355 in marked bills.

They didn't have to wait long, authorities said. Later that same day, Christie entered the room and was caught on the covert camera emptying numerous containers of coins into a cardboard box, they said.

The next day, video at a credit union allegedly captured Christie carrying a cardboard box. Records at the credit union showed he deposited $501.27 in coins in the morning and cashed an additional $40.49 in coins later that day.

He later mailed $274 to Pollak's sister in California, telling her that was all the money he found, authorities said.

Officer Edward Guerrero Charged with Robbing Police Station

A police officer found himself on the other side of the law in Moab, accused of robbing his own police station.

43-year-old Edward Guerrero is charged with burglary and theft.

Moab police say Guerrero broke into a locked office inside the police department and stole $900.

Guerrero has hired well known defense attorney Greg Skordas, who says his client didn't break into a locked office, but is accepting responsibility.

Guerrero will be back in court on Tuesday.

Wednesday, February 03, 2010

Officer Ethan Sorgbin Arrested for Providing Alcohol to Minors

A Homer City police officer is facing charges after an underage drinking party.

The party was held on Jan. 23 on at 429 Fisher Street in Indiana Borough, near the IUP campus.

"They arrested 34 young people for underage drinking, one for public drunkenness and one for furnishing," Indiana Borough Police Chief William Sutton said.

Officer Ethan Sorbin was not arrested at first but police charged him with two counts of furnishing alcohol to minors and intimidating a witness.

"Basically it means that somehow a person has interfered with the investigation or contacted or some way encouraged a witness what to say, what not to say or what to do during a criminal investigation," Sutton explained.

Witnesses told police that Sorbin ordered everyone at the party to be quiet and not to answer the door, claiming that police could not enter without a search warrant.

A female was found unconscious from drinking inside and was rushed to the hospital.

Parole Officer Robert Rowels Charged with Sexual Misconduct

Cook County prosecutors contend that an Illinois Department of Corrections parole officer twice forced a female parolee under his supervision to perform a sex act on him.

The officer, 45-year-old Robert Rowels, was charged Tuesday with custodial sexual misconduct, criminal sexual assault and official misconduct.

Assistant State’s Attorney Iris Ferosie says Rowels first demanded sexual services from the 27-year-old woman during a visit to her home late last fall. Ferosie says Rowels also made the same demand of the woman last month.

Rowels’ attorney, Hal Garfinkel, told Circuit Judge Adam Bourgeois Jr. that his client has an outstanding work…

Monday, February 01, 2010

Two Officers Suspended After Secret Conversation Was Printed in Paper

North Myrtle Beach City Manager John Smithson announced Monday the suspension of two officers after secretly-recorded conversations were printed in The Sun News. The subject matter in this story may not be suitable for some readers.

The recordings, taped by a former NMB officer, contains what city leaders call derogatory and sexist remarks made by two employees of the Public Safety department.

Mayor Marilyn Hatley, Smithson, and council members held a news conference to address the recorded comments.

Those recordings were made by former North Myrtle Beach Lt. Randy Fisher, who says he was forced to resign from the department at the end of 2009.

The city leaders announced that the two men heard on the audio recordings, Major Walt Floyd and Lt. Don Repec have been placed on administrative leave with pay pending an investigation by the city manager's office.

In one of the recordings, Fisher, Floyd and Repec are heard discussing an incident where a 14-year-old girl and her 17-year-old boyfriend were found naked in a bed.

Fisher can be heard saying the boy violated the law and should be charged with criminal sexual conduct.

Floyd then says, "I'm not going to do a damn thing to him."

Floyd continues by saying the girl's parents should do a better job of raising her and that she should take pills so she won't get pregnant "because she can't take care of a child."

He then goes on to say women "like that" should be required to be neutered to prevent unwanted pregnancies.

"If you're not able to take care of a consequential responsibility, then you shouldn't be having sex at that time," Lt. Repec is heard saying.

Repec then goes on to suggest the 14-year-old and 17-year-old should perform sexual acts other than intercourse to prevent pregnancy. NewsChannel 15 has chosen not to print what Repec said because of the graphic language used.

Floyd was serving as interim public safety director in the wake of former Public Safety Director William Bailey's suspension, investigation, and eventual demotion to lieutenant over lies he told after the theft of his service weapon from his truck.

Mayor Hatley said she and the council are dismayed, disgusted, and sickened by the content and graphic descriptions made by some of the city's public safety employees in the recordings.

She said they do not excuse the behavior, but Hatley says she's disappointed and disturbed that Fisher would allow these things to happen while he idly sat by, only reporting them after his termination.

Hatley said as a public safety officer, it was Fisher's duty and responsibility to bring the information to the city manager, and he did not do so.

When reached for comment Monday afternoon, Fisher said he did try to bring to light the issues he felt existed, by meeting with the assistant city manager in June of 2009. Fisher said he also wrote a letter in August and told the assistant city manager he had the tapes.

Fisher said nothing was ever done.

When asked if Fisher tried to bring to light the issues, city spokeswoman Nicole Aiello wrote in an e-mail:

"Mr. Fisher did bring some issues, like his allegations of favoritism, to management's attention, but Mr. Fisher did not bring anything along the lines of what was heard on The Sun News website to management. Mr. Fisher had a duty to bring these conversations and serious issues to the City Manager, and he did not do so."

Captain Rick Buddelmeyer has been named interim public safety director.

Officer Jeffery Gore Arrested for Domestic Violence

A Conway Police Officer has been suspended without pay, after being arrested for criminal domestic violence.

Senior Master Officer Jeffrey Gore was arrested by Horry County Police yesterday at his home outside of Loris. Conway City Administrator Bill Graham says Gore will remain off the job until his case is resolved and an internal investigation is completed.

Graham says the arrest stems from an incident involving Gore's former girlfriend on Saturday.

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Former Officer Alan Parker Sentenced for Theft

A former Dayton police officer was sentenced Monday after he was accused of using his position to break the law.

Alan W. Parker was sentenced to five years probation after spending 30 days in jail. He will also have to perform 100 hours of community service.

Parker was accused of theft in office. He pleaded guilty to several charges, including receiving stolen property and misusing the department’s computer to run license plates illegally.

Parker has since resigned from the police department.

Former Officer Joseph Campbell Charged with Theft of DARE Money

A former borough police officer accused of stealing funds directed to teach children about the dangers of drugs and alcohol surrendered on theft charges on Monday.

Joseph Campbell, 47, of Wyoming, was charged with five felony counts of theft. He turned himself in with his attorney, Peter Loftus, at the office of District Judge Joseph Carmody in West Pittston.

Luzerne County detectives charged Campbell, a former West Pittston police officer, with stealing more than $20,000 from 2002 to 2008, according to the criminal complaint.

Campbell was a DARE officer with the Wyoming Area School District.

West Pittston Borough Council terminated Campbell in November.

Campbell was released on $25,000 unsecured bail. A preliminary hearing is tentatively scheduled on Feb. 10 before Carmody.

Officer Robert Rhodes Arrested for Domestic Violence

A part-time Lowell police officer is being held in the Washington County Jail without bond, pending an arraignment today in Marietta Municipal Court on domestic violence charges.

According to Washington County Sheriff Larry Mincks, Lowell police Officer Robert Rhodes, 31, of 9235 State Route 60, assaulted his wife Erika R. Rhodes, 30, early Saturday after an argument erupted over missing house keys.

According to officer's statements, Mrs. Rhodes claimed her husband was intoxicated and choked her in front of their children while she was seated in the driver's seat of their vehicle while it was parked outside their residence.

Investigating officers said the woman had marks on her neck consistent with her account.

Robert Rhodes was charged with domestic violence and transported to the Washington County Jail.

Lowell Police Chief Jeff Perry said he did not want to comment on the arrest until he had an opportunity to speak with Rhodes. He did say Rhodes had been with the department for three years with no disciplinary problems.

"He's still in jail and I haven't had an opportunity to speak with him," Perry said. "So I don't really want to comment until I can do that. I will have something to release on Monday."

Officer Courtney Harris Arrested for Rape

Courtney Harris, 33, was arrested on allegations of sexual misconduct. IMPD says Harris picked up a woman and took her to an industrial area, where he raped her. Police say he was on duty and in uniform.

A spokesperson tells Fox59 News IMPD is calling for the officer's resignation.

Harris has served with IMPD for nearly 6 years. We're told he was part of a special unit called SLED that investigates violent crime in "hot spots" around the city.

Prior to these recent allegations, Harris did not have any discipline problems with IMPD. The FBI is looking into the case, especially the issue of Harris' authority since we would have been armed when the alleged rape occured.

No formal charges have been filed against Harris. He's in jail on a $50,000 bond. The Marion Co. Prosecutor's Office requested a 72 hour continuance before filing charges so they can continue to investigate.

The victim was also arrested, police say she was wanted on an outstanding battery charge.

Const Brian Toner Sentenced for Drunk Driving

A police service disciplinary hearing has ruled that a veteran Edmonton constable must forfeit the equivalent of $4,800 in pay after being convicted of drunk driving in 2008.

Const. Brian Toner, 50, was convicted in May 2008 of having care and control of a vehicle while impaired. He was handed a conditional discharge and 18 months' probation in provincial court last April.

In a decision released by a police disciplinary body Monday, Toner was suspended without pay for 80 hours and will immediately forfeit 40 hours of accumulated overtime as penalty for his behaviour and criminal conviction.

"The [Edmonton Police] Service has been very clear and consistent in its messaging about drunk driving and investigations of those (citizens and members of the Service) who disobey the criminal law and disciplinary regulations," said police Supt Mark Logar, who presided over the disciplinary hearing. He said arguments on behalf of Toner by the police association and representatives of the police department "do not even begin to reflect the gravity of the Constable’s misconduct ... provide an entirely insufficient denunciation, and furthermore serve as insufficient general and specific deterrence."

In February 2006, Toner was found intoxicated and passed out in his parked and running car three blocks from the west division police station. He had been drinking after his shift with some colleagues in the station. He was found by a fellow officer, who brought him back to the station and charged him.

According to the conditions of his probation, Toner was to seek treatment for alcoholism. He was to abstain from alcohol and provide a breath sample whenever requested. He was to have performed 30 hours of community service and cannot be in bars when off-duty.

Toner also was banned from driving for one year. At his sentencing last year, Toner told the court he has struggled with binge drinking most of his adult life. The drinking got worse in 1990 after he shot a man who attacked him with a knife while he was responding to a call.

Toner attended a 56-day residential treatment program in B.C. after he was charged in 2006 and said he has been sober ever since.

Former Officer David Moore Arrested for Possession of Child Porn

FORMER national children's television police identity "Officer Dave" Moore has been committed to stand trial in Brisbane for possessing child pornography.

David Warren Moore, 54, stood stoically in Brisbane's Magistrates Court 34 this morning as Magistrate Judy Daley ordered him to stand trial in the District Court on one count of possessing child exploitation material.

In the 1980s Moore, a former police officer with the Police Department's public relations unit, was the well-known Brisbane-based face of policing in the media and featured on 35 television stations around Australia as a regular on Channel Seven's popular children shows Super Saturday and Wombat, alongside puppet Aggro.

He also appeared on Bailey and the Bird and three police documentaries.

Crown prosecutor Krystal Osbourne said Moore had originally been charged with one count each of copying a child abuse film and possessing child exploitation material.

She said the prosecution offered no evidence on the film charge, but intended to continue on the second charge.

Ms Osbourne, during a full hand-up committal hearing, tendered two statements and one VHS tape containing the alleged child pornography.

Lawyers for Moore did not require witnesses for cross-examination and said their client had given consent for the matter to be referred to the Brisbane District Court.

Ms Daley granted bail and remanded him to appear for trial on a date to be fixed.

Outside court and against advice by his lawyer, Moore said he had faith in the criminal justice system.

"I believe the court justice system is fair and, whatever," Moore said. "And, I am just happy to continue with the court system."

Officer Bisnette Dies After Speeding into Utility Pole

A state police accident investigator has determined that Worcester Police Officer Mark D. Bisnette was probably speeding when his sport utility vehicle struck a pole in Holden Jan. 2, causing his death.

Officer Bisnette, 39, was off-duty and alone in his Ford Explorer when the SUV went off the road and struck a utility pole on Route 31 as he was headed toward Paxton at 2:30 a.m.

“A likely cause of this crash was Bisnette's operation (of the SUV) at an excessive speed for road and weather conditions resulting in his inability to safely negotiate an ‘S' type curvature in the roadway,” Trooper Anne Renzi, of the state police collision reconstruction team, wrote in her report a few days after the crash.

In the report, which was requested by the Telegram & Gazette, Trooper Renzi noted that the road was covered in snow, and that continuing snowfall made it difficult to estimate the speed of the vehicle or whether the off-duty officer used his brakes.

However, the trooper also noted that the force of the crash was great enough to sever the utility pole.

Significant portions of the 11-page report were blacked out, or redacted.

Jane O'Brien, an associate chief legal counsel for the state police, wrote in an accompanying letter to the T&G that the information was withheld because of a provision in the state public records law that exempts from disclosure material that violates the privacy of an individual.

In her report, Trooper Renzi added that it is unknown whether any other factors contributed to the crash, including medical issues, driver distraction, drowsiness or any other kind of impairment.

State public safety officials have said toxicology tests were performed but were not needed to determine the cause of Officer Bisnette's death. The results of such tests are protected by medical privacy laws.

An external examination performed by a state medical examiner found that the officer died from asphyxiation and loss of oxygen to the brain, possibly as a result of being strangled by his seat belt as he hung upside down in the SUV.

Saturday, January 30, 2010

Atlanta Man Claims He Was Arrested for Catching Officer Chatting on Facebook

An Atlanta man claims he was arrested for catching an on-duty officer chatting on Facebook.

Chandler Brown told Channel 2 Action News reporter Erin Coleman that he has since filed a formal complaint with the Atlanta Police Department and the mayor's office.

Coleman obtained a copy of that complaint, which makes startling accusations about the officer allegedly chatting on Facebook when he was on the job.

“It was Thanksgiving night … my friend called me and said, ‘I’ve been in an accident,’” said Brown.

Brown said he immediately hailed a cab and went to the scene on Interstate 85 near Cheshire Bridge Road.

Brown said his friend wanted to leave, and as they pulled off, they were stopped by police because she couldn’t leave the scene of an accident. So they were put in the back of an Atlanta police car, and that’s when Brown said he noticed something.

“The police officer was chatting on Facebook,” said Brown. “I think that’s wrong.”

So Brown took out his cell phone and took a picture. That’s when he claims the officer arrested him.

“Pulled me out of the car, grabbed my phone, and I said I don’t think I’m breaking the law here … I’m not under arrest,” said Brown.

Brown said the officer then said “Well, you’re under arrest now.”

Brown said the officer handcuffed him, took the phone and hauled him off to jail.

Brown claims he was never read his rights and the officer wouldn’t give him his name. As for that picture, Brown said when officers returned his phone, the picture was gone.

Brown was charged with giving false information to an officer, even though he wasn't involved in the accident.

Brown went to court last week.

“The judge said, ‘There’s no evidence here, this is a joke and threw it out,” said Brown.

That’s why now, Brown has filed a formal complaint and hopes to shed light on what he calls a misuse of time and taxpayer money.

“I can’t sit on Facebook at work all day and neither can you. Why should someone whose salary is being paid by the taxpayers,” he said.

No one from the Atlanta Police Department would talk to Channel 2 on camera. They did tell us they've forwarded the complaint on to the division of professional standards and are looking into it.

Late Thursday, we learned that Brown, a former Channel 2 employee, got a call from police saying they are taking his complaint seriously.

Officer Troy Young Arrested in Case of Missing Lotto Winner

Ten months ago, Abraham Shakespeare simply vanished, along with all of his money: $12 million he won in the Florida Lottery.

"We fear he's died a sinister death with sinister motives," said Polk Sheriff Grady Judd.

Now investigators have arrested a fellow law enforcement officer.

Troy Young, a 20-year veteran of the Lakeland Police Department, is accused of selling confidential information about Shakespeare to a woman who is now considered a person of interest in the case.

"He's a very well-liked guy. He's a personable guy, well-liked by fellow officers and well-liked by people in the community," said Lakeland Police spokesman Jack Gillen.

Detectives say Officer Young sold the information to 37 year old Dee Dee Moore. Investigators say they met through a mutual friend, and that she claimed she was writing a book about the millionaire.

They say she paid the officer $200 and a plane ticket to run tag numbers and searches through law enforcement databases.

"For very little amount of money and Troy's bad judgment, Dee Dee Moore ruined his career in her overall confidence scheme," said Polk Sheriff Grady Judd.

The sheriff calls Moore a con artist who befriended Shakespeare and Officer Young -- a law enforcement veteran whose record was spotless, until now.

"Troy Young may not have known her ultimate sinister motive. But he knows as a police officer, it is illegal to run tag numbers and provide that data our of the confidential systems to the public," Judd said.

Young is charged with unlawful compensation, a 2nd degree felony; and misuse of confidential information, a misdemeanor.

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Friday, January 29, 2010

Anthony Daly's Leg Severely Broken During Arrest

A Boston tourist says in an exclusive NY1 report that he is scarred for life after a New York City police officer allegedly brutalized him during an arrest last month. NY1's Jeanine Ramirez filed the following report.

When Anthony Daly of Boston visited the city last month, he walked around normally. But his leg was broken in three places on December 27, the night he was taken into police custody at a Midtown hotel, and now doctors now say Daly may never walk the same way again.

A security video from the Hotel Chandler shows one of the arresting officers kick Daly twice in the back of the leg while he was handcuffed, which sending him screaming to the hallway floor.

"Scared [expletive deleted]. Thought I was going to die," said Daly. "He broke my ankle first. And I said, 'If my ankle broke,' and he said, 'I'm not finished.' And he put his foot again and he broke the back of my leg."

In the video, Daly appears to be walking fine between two officers as they remove him from the hotel room until he gets kicked and kicked again. He never gets back up until emergency medical technicians arrive and lift him onto a stretcher, and put a splint on his leg, for a trip to St. Vincent's Hospital.

Daly underwent surgery and X-rays show doctors put in a titanium rod and screws.

"When I was in the room, the cop who broke my leg in the hotel was there with me all the time," said Daly.

Daly was charged with disorderly conduct, resisting arrest and harassment. Police told NY1 the arresting officer, Joseph Bonner, was just trying to sweep Daly's feet out from underneath him and that Daly might have already broken his leg trying to keep officers out of the hotel room.

Daly's troubles started at the bar of the Hotel Chandler on the night of December 27. Police say Daly was drunk and abusive and assaulted the bartender, the doorman and two patrons.

Daly admitted he was drinking and getting rowdy, and exchanged some words with Englishmen who were singing English football songs.

"I put my hands on their backs and just said, 'Sing it up boys, sing it up. That's all that's left of your little empire, soccer,'" said Daly.

He said he then went upstairs to join his wife Ellen in their room but soon police come banging.

"I said if you haven't got a [expletive deleted] reason to arrest me, why don't you get the [expletive deleted] out of here because I want to go to bed. He said, 'I'll think of a reason,'" said Daly. "And with that, Ellen got out of the bed and I put my hand up to stop him and say, 'Stay where you are.' And he just pushed the door and pushed me on top of Ellen."

Bonner's incident report says he witnessed domestic violence in the hotel room, a claim Daly's wife Ellen denies.

"He said at that point, 'That's it, he just shoved you. You're under arrest for domestic violence.' And I said, 'What are you talking about? He didn't shove me," said Ellen Daly.

The Dalys say they want the charges dropped and have filed a complaint of excessive force with the New York City Civilian Complaint Review Board.

Lt Ralph Schrader Sentenced for Stalking Ex-Wife

A Lakeland police lieutenant was sentenced Friday to 30 days in jail and 11 months of probation for stalking his ex-wife.

Polk County Judge Beth Harlan insisted on looking into Ralph Schrader's eyes before imposing the punishment.

The judge expressed outrage at Schrader's "arrogance," noting that both of his children suffered through testifying during his week-long first-degree misdemeanor trial.

"If they're not the most important people in your life, they should be," she said.

Harlan said she also was troubled by Schrader's misuse of his city-issued cellular phone and computer to harass his ex-wife.

She ordered that Schrader undergo psychological and domestic violence evaluations as well as any recommended treatment.

The judge ordered that the evaluations and treatment information be shared with the Lakeland Police Department.

The sentencing came after a six-member jury, consisting of three men and three women, found Schrader, 45, guilty of stalking.

Jurors spent about an hour and half deliberating before reaching their verdict.

The judge did agree to withhold adjudication - a formal finding of guilt.

Assistant State Attorney Hope Pattey urged the judge to adjudicate Schrader guilty of stalking.

She said Schrader refused to admit that he tormented his then wife for several months as they were finalizing their divorce.

"He should not be a law enforcement officer anymore," Pattey said.

The Lakeland Police Department's general orders say officers charged and found guilty of a misdemeanor can retain their jobs with the department or face penalties, which could include a maximum of termination.
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Officer Michael Sumpter Jr Arrested for Domestic Violence

An Oklahoma City police officer and a woman who lives with him were arrested Thursday after the report of a domestic assault, police said.

Michael Charles Sumpter Jr., 23, was arrested on a complaint of domestic abuse in the presence of a minor.

Kendra Nicole Hanley, 20, was arrested on complaints of assault and battery with a dangerous weapon and domestic abuse in the presence of a minor.

When police arrived about 4:20 p.m. to a house in the 400 block of Summit Ridge Drive, they found two sections of a wooden door trim with a security chain that appeared to have been broken in half. According to the police report, officers confiscated a pistol and a single round of 9 mm ammunition.

Both Sumpter and Hanley were taken to jail, and both later posted bail.

Police plan to have a press conference about the arrests today at 2:30 p.m.

Former Corrections Officer Samuel Martinez Jr Accused of Having Child Porn on His Blackberry

A former Nebraska Corrections officer could face up to 20 years n prison for allegedly having images of naked children on his phone, said Lancaster County investigators.

An arrest warrant was issued for 27-year-old Samuel Martinez Jr.

Deputy Lancaster County Attorney Joe Kelly said investigators found the images on Martinez's Blackberry.

The images allegedly showed children as young as a year old, according to an arrest warrant.

The warrant detailed other findings, including photos of a young girl wearing a dog collar and another girl with hands bound by a rope.

Investigators said they don't believe Martinez took the photos himself.

"They were all disturbing and as young as 6 and 7 years old," Kelly said.

Martinez was an officer at the Diagnostic and Evaluation Center in Lincoln. He held the job for year and then resigned after being accused of sending explicit text messages to a 17-year-old girl. Kelly said the teen's mother reported the messages to police.

Martinez was charged with misdemeanors and paid $50. He was released and investigators kept his cell phone. They then found the images on the phone.

Martinez has yet to be arrested on the new felony charge. Kelly said investigators don't know his location.

If convicted of the child pornography charges, he could face up to 20 years in prison and a $25,000 fine.

He's scheduled to appear in court on Feb. 8 for the misdemeanor charges.

Officer Edmon Fulkerson Fired for Shooting Weapon into Air At Party

A Fort Worth police officer has been fired for shooting his city-issued weapon into the air at a party after someone squirted him with a water pistol.

In an internal investigation, officer Edmon S. Fulkerson admitted that he had been drinking throughout the evening and that he did not initially remember the incident, according to a letter filed with the Civil Service Commission on Friday.

The indefinite suspension went into effect on Monday. Fulkerson, who has been with the department since March 2004, has appealed.

Fulkerson’s attorney, Chris Barrett with the Combined Law Enforcement Agencies of Texas, said he disagrees with some of the purported facts outlined in the charging letter and looks forward to a hearing in which the city must prove what they allege happened.

In addition, Barrett said he believes the discipline handed down by the department is extremely harsh.

"While we don’t downplay its seriousness and we realize there’s some accountability to be hand, termination is just grossly excessive in this case," Barrett said.

According to the letter, Fulkerson was off-duty when he attended the party at a police officer’s home in Burleson on the evening of July 31.

The letter states Fulkerson admitted to internal investigation that he had been drinking beer and a couple mixed drinks through the evening and that his faculties were impaired. The letter states he told investigator that he did not immediately remember the incident but that "memory of the events began to return after several days."

According the letter, Fulkerson was sitting near the pool in the backyard of the home in the early morning hours of Aug. 1 when someone squirted him with a water pistol.

"Officer Fulkerson 'became angry’, drew his City issued Sig .40 caliber firearm from a holster in his waistband and discharged the weapon one time into the air," the letter states.

The letter states that after the shot was fired, other off-duty officers at the party secured Fulkerson’s weapons and arranged a ride home for him.

The letter points out that the shooting occurred in a residential neighborhood in which houses are closely surrounded by others.

"Officer Fulkerson displayed his city issued firearm in complete disregard of those people around him," the letter states. "Officer Fulkerson then completely disregarded the safety of others by his decision to discharge a firearm within a populated area and placing innocent persons in peril, as it is unknown where that projectile landed."

The letter also states Fulkerson failed to immediately notify the police department that he discharged his weapon, a violation of policy.

Officer Jeremy Reynolds Arrested for Rape

DeKalb County Police Officer has been charged with rape and aggravated sodomy for an incident involving a person in custody.

Police arrested 23-year-old Jeremy Reynolds as he reported for work Friday. DeKalb County Police spokesman Jason Gagnon says the arrest stems from an incident occurred last September though he wouldn't reveal any more details about Reynolds' accuser.

Reynolds has been a DeKalb cop for two years and also faces two counts of violating his oath of office.

Gagnon says his former colleague has been placed on administrative leave pending termination.

Two Probation Officers Being Investigated

Muskegon County’s longtime chief District Court probation officer has been ordered to go on administrative leave, another probation officer has been fired, and an internal investigation of their activities is under way.

On paid leave since Thursday is the court’s Chief Probation Officer Ronald Malone. Fired Wednesday was Probation Officer Brandon Kantola.

Both were escorted from the Michael E. Kobza Hall of Justice by sheriff’s deputies.

Both officers are involved in 60th District Court’s Sobriety Court, which recently won a two-year, $500,000 federal stimulus grant to expand the jail-diversion program.

Malone’s leave is for an indefinite period while an investigation is under way, said Chief District Judge Harold F. Closz III. “It’s an internal investigation at this point,” he said Friday.

Closz declined to say what the investigation concerned or whether it was related to Sobriety Court.

Muskegon County Prosecutor Tony Tague said Friday he is aware of the internal investigation, but that it hadn’t been referred to police. “Law enforcement has been notified, and I expect that we will do an additional investigation once we are provided information from the District Court,” Tague said.

In recent years Malone and Kantola have been involved in Muskegon County’s Sobriety Court, which involves intensive, court-supervised probation and oversight of participating criminal defendants, mostly people charged with driving while intoxicated. Malone, the county staffer who oversees it, has been described as the court’s main organizer and “architect.”

Closz said Malone’s absence and Kantola’s departure won’t cripple Sobriety Court. “Obviously we’re short-staffed at this point in time, but we have other people that have picked up these responsibilities, and we’re marching ahead,” Closz said.

Malone did not immediately return a call seeking comment. Kantola does not have a listed telephone number.

Police Beating Caught on Video

The lawyer representing a man sentenced for assaulting a police officer is questioning how his client was handled when Winnipeg police officers arrested him.

The parking lot assault in February 2009 was caught on a store surveillance camera on Notre Dame Avenue. At one point it appears Cody Bousquet turns to officers but then is pushed back down. It appears officers strike and knee the man a number of times while he is on the ground.

Officials with the Winnipeg Police Association say the tape does not show everything that happened that night. There was a violent high speed chase where cars were rammed before the arrest in the parking lot of an auto parts store.

"The officers obviously don't have an opportunity to determine if this guy is completely defenceless, or without weapon," said Marc Pellerin with the police association. "So you do the appropriate and safe thing, which is take him down, take him down hard and be done with it."

At one point in the video officers remove an object from the suspect but CTV has not been able to confirm what that object was.

Although Bousquet pleaded guilty to assaulting a police officer and dangerous driving his lawyer Daniel Manning says the tape raises issues in respect to the Crown being able to prove their case beyond a reasonable doubt.

"There would have been credibility issues, one, and perhaps charter arguments down the road, unreasonable, excessive force," Manning said.

The Winnipeg Police Association says it was the officers themselves who realized the incident was caught on tape and obtained a warrant so the video could be turned over to the courts.

The video has impacted the outcome of the case according to the Director of Prosecutions at Manitoba Justice, Don Slough. Slough says normally the Crown asks for 24 to 30 months in this type of case but because of the tape, Bousquet's lawyer and the Crown came to a joint recommendation of 11 months which is essentially 22 months with two for one credit for time served.

Bousquet may consider filing a complaint about the conduct of the officers that night.

Former Officer Robert Kennedy Convicted of Sexual Assault Gets Early Release

A former city police lieutenant convicted of sexually assaulting a 15-year-old boy won an early release from a parole board Thursday.

Robert Kennedy, who served 12 years as a lieutenant with the city's police department, is scheduled to be released on July 9 after serving 18 months in prison — exactly half his sentence. He was convicted of second-degree sexual assault, risk of injury to a minor, illegal sexual contact and third-degree possession of child pornography after a teenager said he and Kennedy engaged in oral sex.

Kennedy was one of seven men, including a judicial marshal and a city businessman, with whom the boy said he had sex in 2007, sometimes for money.

Although Kennedy, 48, didn't comment in January 2009 when he was sentenced to three years in prison, he gave the parole board detailed answers and explanations over the course of 45 minutes as he pleaded for his release on Thursday morning.

"Why I did that single incident is open for exploration," Kennedy said. "This person was really flattering me in exponential terms. You know, everything, from my teeth to my hair to the way I was built and here I was 45 years old and here was this very young, attractive, good-looking guy paying me all sorts of compliments. I can only equate it as a type of gay, mid-life crisis, Achilles' heel that I succumbed to."

The board conducted the parole review using a video conferencing system. Kennedy was in a small room in Cheshire Correctional Institution looking up at a camera, while the board watched him on an old Sony television in a conference room on the fifth floor of a state building on West Main Street in Waterbury.

Kennedy, who seemed calm through the review, could see and hear the board. Kennedy's family members, including his mother, two sisters and brother, filled a room in New Haven where they also watched the hearing via a video feed.

Kennedy is openly gay, and said he had long-term relationships with men, but the oral sex he had with the teen was the result of "unflattering urges."

He told the board his routine was to "tour the city" in his police SUV, then head to Hamilton Park to prepare himself for the day with a cup of coffee. He told the board he saw the boy on a grassy knoll in the park. Although it was a sunny day in March, the boy, who was 15 at the time, caught his attention because he was wearing a T-shirt and "inappropriate" clothing.

Kennedy said he struck up a conversation with the boy, finding he was a student in a city school.

The boy said Kennedy gave him a ride home in his police SUV and the two exchanged cell phone numbers. After his shift ended, Kennedy picked the boy up at his house and the two returned to Kennedy's home, where they had sex.

Witness Says Officer Shot Unarmed Teen

A teenage boy lays on the ground unarmed with his arms at his side, when police officer kicked him twice in the face, stepped back and opened fire, a witness states.

Atusabai Taimalia told the jury he was sitting at a table on his back porch drinking coffee and smoking with his mother when he saw Terrell Markham run into a courtyard at the corner of N. Medical Center Drive and Temple Street and hide behind a bush.

About 40 feet behind Markham, who was then 16, came Officer Adam Affrunti, who was holding his service firearm in his right hand as he yelled for the teen to stop.

Taimalia said the officer threw Markham, grabbed the teen's jacket, threw him on the ground and kicked him in the left side of the face.

"After the kick, I didn't see (Markham) move anymore and I thought he was passed out," Taimalia said, adding that he saw the teen's eyes roll up from more than 50 feet away.

Taimalia, who spoke in court through a Samoan interpreter, was the first witness called by the defense in Markham's criminal trial. The teen is charged with brandishing a firearm at a police officer, possessing stolen property and street terrorism.

Authorities say Markham ran from the officer, refused to comply with orders and was pulling a gun out of his back pocket when Affrunti shot him three times. Defense attorney Dale K. Galipo has argued that Markham did not have a gun.

A .40-caliber H&K semi-automatic handgun stolen from a federal agent's house was found at the scene.

During cross-examination, prosecutor Ron Webster asked Taimalia a series of detailed questions about exactly what the man could see from his porch, pointing out that an air conditioning unit attached to a nearby building could have partially blocked Taimalia's view of the incident.

The man claimed he could see everything and tried to pinpoint on a diagram where Markham's head and legs were as he lay on the ground.

Although it was clear that a language barrier caused some confusion throughout Taimalia's testimony, he did contradict himself at least once.

He initially said that his wife was in the courtyard watching the couple's 4-year-old son play at the time of the shooting. But Taimalia later insisted that she was inside the house sleeping when Markham was shot.

Whether or not a woman was present in the courtyard is important because Affrunti has said that a woman yelled, momentarily distracting him as he held Markham at gunpoint. When he looked back, the officer says the teen was pulling a gun out of his back pocket.

Galipo, the defense attorney, has implied that there was no woman and that Affrunti concocted a cover story out of fear of being disciplined for firing on Markham. It was Affrunti's sixth officer-involved shooting in 16 months.

The prosecutor also tried to show a relationship between Taimalia and the defense, bringing up the fact that Taimalia did not appear in court after the District Attorney's Office subpoenaed him but was there Thursday at the defense's request.

Taimalia testified that he had come to court the day prosecutors requested, but sat in the back of the courtroom without telling anyone he was there.

Webster also elicited information that at least three of Markham's friends or family members came up to Taimalia in the courtroom hall when the jury broke for lunch to shake his hand and say thank you.

Taimalia said on the stand that they simply thanked him for coming.

Testimony in the trial resumes Monday.