A federal judge has imposed sanctions on the Maricopa County Sheriff's Office for destroying evidence in a racial-profiling case, and Sheriff Joe Arpaio must answer questions regarding an immigration file he kept.
U.S. District Court Judge G. Murray Snow's order, released Friday, also calls on the Sheriff's Office to try to recover e-mails that were deleted and to swear under oath to steps it took to gather the records.
The racial-profiling lawsuit was filed in December 2007 following a sheriff's crime-suppression operation in Cave Creek that included the arrest of Manuel de Jesus Ortega Melendres.
Melendres is seeking to stop what he calls "illegal, discriminatory and unauthorized enforcement of federal immigration laws against Hispanics in Maricopa County." The case now includes five individuals who claim deputies have detained them because of the color of their skin, and their lawyers have sought records from the sheriff's crime-suppression operations.
The Sheriff's Office has denied it engages in racial profiling, but the office has acknowledged it destroyed records from those sweeps and deleted e-mails among employees regarding those operations.
Peter Kozinets, a lawyer for the plaintiffs, said the ruling would give his clients access to e-mails if they are recovered, and the Sheriff's Office must describe in detail the measures it took to recover the electronic messages.
A key part of the order, Kozinets said, was the requirement that Arpaio answer questions about his 800-page immigration file that was turned over in late January.
"The judge clearly recognizes in the order the (Sheriff's Office) had an obligation to preserve other relevant evidence, and it destroyed the evidence," Kozinets said.
Arpaio on Friday evening said he and his office would comply with the judge's order.
"This is just another case. It's the nature of doing business," said Arpaio, who has faced numerous state and federal lawsuits.
Arpaio said he has won 12 straight federal cases filed against him, with most coming from county-jail inmates, and he expressed confidence his office would again prevail.
A hearing is set for March 19, when the judge will determine what additional information attorneys for the plaintiffs may seek from the sheriff based on new documents that may be produced.
Saturday, February 13, 2010
Former Officer Donald Carr Arrested for Theft
Authorities say the Georgia Bureau of Investigation has arrested a former Madison County investigator on charges of theft by taking, tampering with evidence and violation of his oath of office.
Madison County Chief Deputy Shawn Burns says Donald Glenn Carr is suspected of taking evidence from an evidence locker. Burns says Carr was booked into the Madison County Jail on Monday and released on $10,000 bond.
The Athens Banner-Herald reports that Burns says Carr resigned from sheriff’s office at the end of September, citing personal problems. He says that after Carr left, investigators discovered that evidence from Carr’s cases was missing.
Burns would not say what kind of evidence Carr is suspected of taking.
Madison County Chief Deputy Shawn Burns says Donald Glenn Carr is suspected of taking evidence from an evidence locker. Burns says Carr was booked into the Madison County Jail on Monday and released on $10,000 bond.
The Athens Banner-Herald reports that Burns says Carr resigned from sheriff’s office at the end of September, citing personal problems. He says that after Carr left, investigators discovered that evidence from Carr’s cases was missing.
Burns would not say what kind of evidence Carr is suspected of taking.
Officer Raphael Ospina Charged with Drunk Driving
An off-duty police officer was charged with drunken driving after his car hit a garbage truck and flipped onto the sidewalk in Midtown Manhattan early Saturday, knocking down a tree and scratching the marble-and-granite facade of Tiffany & Company’s flagship Fifth Avenue store, according to the police.
The officer, identified as Raphael Ospina, 27, was not seriously injured, the police said. The accident occurred about 3 a.m. at 57th Street and Fifth Avenue.
According to police reports, the officer was heading east on 57th Street in a black Chrysler 300 sedan with two male passengers when his vehicle struck the private sanitation truck, which was westbound and turning south on Fifth Avenue. The sedan spun and turned over in front of Tiffany’s, littering the pavement with shattered glass and blood.
The driver was pinned inside the sedan, and emergency workers had to cut through the roof to get him out, according to a Fire Department spokesman. A passenger was taken to Bellevue Hospital Center, and the other two occupants were taken to NewYork-Presbyterian Hospital/Weill Cornell Medical Center.
All three were treated for cuts and bruises, and one passenger had a broken arm, the police said. The driver of the garbage truck was not hurt, the police added.
The officer is assigned to the 25th Precinct in East Harlem, according to officials. He was charged with driving while intoxicated, the police said. Under department protocol, his arrest would result in an automatic 30-day suspension without pay.
Nearly all traces of the crash had been removed by the time Tiffany’s opened at 10 a.m. on the eve of Valentine’s Day. White scrapes and black scuff marks lined part of the store’s wall, and the wall was slightly chipped near a display window stocked with red mailboxes filled with letters and sparkly heart-shaped jewelry. In a statement, a spokesman for Tiffany’s described the damage as “negligible.”
The officer, identified as Raphael Ospina, 27, was not seriously injured, the police said. The accident occurred about 3 a.m. at 57th Street and Fifth Avenue.
According to police reports, the officer was heading east on 57th Street in a black Chrysler 300 sedan with two male passengers when his vehicle struck the private sanitation truck, which was westbound and turning south on Fifth Avenue. The sedan spun and turned over in front of Tiffany’s, littering the pavement with shattered glass and blood.
The driver was pinned inside the sedan, and emergency workers had to cut through the roof to get him out, according to a Fire Department spokesman. A passenger was taken to Bellevue Hospital Center, and the other two occupants were taken to NewYork-Presbyterian Hospital/Weill Cornell Medical Center.
All three were treated for cuts and bruises, and one passenger had a broken arm, the police said. The driver of the garbage truck was not hurt, the police added.
The officer is assigned to the 25th Precinct in East Harlem, according to officials. He was charged with driving while intoxicated, the police said. Under department protocol, his arrest would result in an automatic 30-day suspension without pay.
Nearly all traces of the crash had been removed by the time Tiffany’s opened at 10 a.m. on the eve of Valentine’s Day. White scrapes and black scuff marks lined part of the store’s wall, and the wall was slightly chipped near a display window stocked with red mailboxes filled with letters and sparkly heart-shaped jewelry. In a statement, a spokesman for Tiffany’s described the damage as “negligible.”
Friday, February 12, 2010
Chief E.O. Shelton Investigated for Road Rage
The Columbia Daily Herald is reporting that Ethridge police chief E.O. Shelton is being investigated for a possible case of road rage that allegedly happened in Columbia earlier this week.
According to the report, the incident happened on Highway 43 Wednesday at five. The report said Columbia resident Thomas Jagger told them he was “cut off” by man driving a red Ford Explorer with Lawrence County tags.
He told the paper he then rolled down his window to speak with the man and they got into an argument. He said the man then pulled a gun on him. After telling the man he was a policeman, he showed his badge and drove north on 43.
Columbia police said they will let the alleged victim decide if he wants to press charges or turn the matter over to District Attorney General Mike Bottoms for review.
Bishop said the agency will let the victim decide whether to press charges.
According to the report, the incident happened on Highway 43 Wednesday at five. The report said Columbia resident Thomas Jagger told them he was “cut off” by man driving a red Ford Explorer with Lawrence County tags.
He told the paper he then rolled down his window to speak with the man and they got into an argument. He said the man then pulled a gun on him. After telling the man he was a policeman, he showed his badge and drove north on 43.
Columbia police said they will let the alleged victim decide if he wants to press charges or turn the matter over to District Attorney General Mike Bottoms for review.
Bishop said the agency will let the victim decide whether to press charges.
Police Brutality Book Written About New Orleans
With its French, Spanish and Creole influences, New Orleans has the oldest black urban community of any city in the country. It also has a shocking history of police brutality that is told in “Black Rage in New Orleans: Police Brutality and African American Activism from World War II to Hurricane Katrina,” a new book by Dr. Leonard N. Moore, associate professor of history and assistant vice president for the Division of Diversity and Community Engagement.
Moore’s book, which will be released by LSU Press in April, recounts the history of police brutality in the Crescent City along with the energetic opposition waged by blacks.
Although incidents of police brutality were recorded more than 50 years before WWII, Moore chose to begin his study with the war because it was a time when many African Americans moved to the city to get jobs.
Drawing on police records, records from civil rights organizations, oral histories and newspaper accounts, Moore details the problems with an underpaid, understaffed, undereducated police force that had an unwritten mandate to “keep black folks in line.”
In the early 1950s, New Orleans began hiring more African American policemen. However, Moore said these men weren’t allowed to wear uniforms or arrest white people. If an incident arose, they would have to borrow a phone and telephone a white officer to come and deal with whatever situation was at hand.
By the 1970s enough black officers had been hired that the Black Organization of Police in New Orleans was formed to begin addressing the aggressive policing tactics and to make sure black officers were treated fairly.
Dr. Leonard N. Moore“There was little the organization could do,” Moore said. “If officers in the organization were perceived as being radical, their career would stall.” He explained that corruption was woven into the culture from the top ranks.
Often black officers have been involved in the corruption and have brutalized black residents of New Orleans. “In many ways it was easier for them — they couldn’t be accused of racism,” Moore said.
Through the years, the black newspaper, The Louisiana Weekly, steadfastly reported incidents of brutality. The Times Picayune did not report a single incident of brutality until the 1970s, according to Moore.
What amazed Moore was the number of ordinary citizens who have protested and voiced their outrage throughout the years. From 1945-2000 he estimates that more than 30 organizations were established to deal with police brutality. Citizen groups such as the Police Brutality Committee, Committee for Accountable Police, the Liberation League and Community Action Now mobilized and managed to hold police anti-brutality meetings where 4,000 or more people would show up.
Corruption and brutality continued unabated until the late-1980s to mid-1990s. In 1994, Washington, D.C., Assistant Chief of Police Richard Pennington was hired to head up the New Orleans Police Department, and he began a series of reforms including community policing practices, increased training, better pay, as well as other reforms. During his tenure more than 350 police officers were indicted, fired or disciplined for misconduct. He left for Atlanta in 2002 after running for mayor and losing to Ray Nagin.
The effects of Pennington’s reform effort were not lasting, however, as Moore discusses in the book’s epilogue, Policing Katrina.
“Although the majority of the police officers served heroically during Katrina and its aftermath, there was thuggery as well,” Moore said. The incidents post-Katrina would include several high-profile incidents such as the Danziger Bridge incident in which two civilians were shot and four more injured.
Even in the past year, the Louisiana Weekly and the Times Picayune reported a coalition of community leaders, civil rights activists and ministers gathered to demand justice and answers after a fatal shooting involving plain-clothes police officers that left a 22-year-old New Orleans man dead, shot 12 times.
Moore’s goal for the book: “I’m hoping that when people pick up the book, they will see how brutality has been persistent. It is an everyday fact of life for many American people.”
Moore’s book, which will be released by LSU Press in April, recounts the history of police brutality in the Crescent City along with the energetic opposition waged by blacks.
Although incidents of police brutality were recorded more than 50 years before WWII, Moore chose to begin his study with the war because it was a time when many African Americans moved to the city to get jobs.
Drawing on police records, records from civil rights organizations, oral histories and newspaper accounts, Moore details the problems with an underpaid, understaffed, undereducated police force that had an unwritten mandate to “keep black folks in line.”
In the early 1950s, New Orleans began hiring more African American policemen. However, Moore said these men weren’t allowed to wear uniforms or arrest white people. If an incident arose, they would have to borrow a phone and telephone a white officer to come and deal with whatever situation was at hand.
By the 1970s enough black officers had been hired that the Black Organization of Police in New Orleans was formed to begin addressing the aggressive policing tactics and to make sure black officers were treated fairly.
Dr. Leonard N. Moore“There was little the organization could do,” Moore said. “If officers in the organization were perceived as being radical, their career would stall.” He explained that corruption was woven into the culture from the top ranks.
Often black officers have been involved in the corruption and have brutalized black residents of New Orleans. “In many ways it was easier for them — they couldn’t be accused of racism,” Moore said.
Through the years, the black newspaper, The Louisiana Weekly, steadfastly reported incidents of brutality. The Times Picayune did not report a single incident of brutality until the 1970s, according to Moore.
What amazed Moore was the number of ordinary citizens who have protested and voiced their outrage throughout the years. From 1945-2000 he estimates that more than 30 organizations were established to deal with police brutality. Citizen groups such as the Police Brutality Committee, Committee for Accountable Police, the Liberation League and Community Action Now mobilized and managed to hold police anti-brutality meetings where 4,000 or more people would show up.
Corruption and brutality continued unabated until the late-1980s to mid-1990s. In 1994, Washington, D.C., Assistant Chief of Police Richard Pennington was hired to head up the New Orleans Police Department, and he began a series of reforms including community policing practices, increased training, better pay, as well as other reforms. During his tenure more than 350 police officers were indicted, fired or disciplined for misconduct. He left for Atlanta in 2002 after running for mayor and losing to Ray Nagin.
The effects of Pennington’s reform effort were not lasting, however, as Moore discusses in the book’s epilogue, Policing Katrina.
“Although the majority of the police officers served heroically during Katrina and its aftermath, there was thuggery as well,” Moore said. The incidents post-Katrina would include several high-profile incidents such as the Danziger Bridge incident in which two civilians were shot and four more injured.
Even in the past year, the Louisiana Weekly and the Times Picayune reported a coalition of community leaders, civil rights activists and ministers gathered to demand justice and answers after a fatal shooting involving plain-clothes police officers that left a 22-year-old New Orleans man dead, shot 12 times.
Moore’s goal for the book: “I’m hoping that when people pick up the book, they will see how brutality has been persistent. It is an everyday fact of life for many American people.”
Thursday, February 11, 2010
Chief Russ Leach Being Investigated for Hit and Run
Riverside Police Chief Russ Leach is being investigated after a hit-and-run crash in his city-issued car at 3 a.m. on Monday morning.
Leach, who was hired in 2000, has been placed on medical leave. The case has been handed over from Riverside Police to the California Highway Patrol to avoid conflicts.
According to the Press-Enterprise, CHP Inland Division Chief Jeff Talbott said that the CHP is probing separate allegations that Leach was driving while impaired and that responding Riverside police officers omitted that suspicion from their initial report.
"At this point, the physical evidence is gone," Talbott told the newspaper. "If there's any impairment, our investigation will be based solely on the interviews of witnesses, which will be Riverside police.
You can read more on this story, by visiting the
Press Enterprise Web Site
Leach, who was hired in 2000, has been placed on medical leave. The case has been handed over from Riverside Police to the California Highway Patrol to avoid conflicts.
According to the Press-Enterprise, CHP Inland Division Chief Jeff Talbott said that the CHP is probing separate allegations that Leach was driving while impaired and that responding Riverside police officers omitted that suspicion from their initial report.
"At this point, the physical evidence is gone," Talbott told the newspaper. "If there's any impairment, our investigation will be based solely on the interviews of witnesses, which will be Riverside police.
You can read more on this story, by visiting the
Press Enterprise Web Site
Officer Jamey Woods Arrested for Assault
A second deputy with the Chesapeake sheriff's department is out of a job after being arrested.
Jamey Ray Woods, 35, resigned from the Chesapeake Sheriff's Office on Wednesday morning, said Sgt. David Rosado, a spokesman for the office.
Woods, a deputy since August 1997, was arrested Saturday night at the Oceanfront after a confrontation with his girlfriend, said Officer Adam Bernstein, a Beach police spokesman. The incident occurred at 11 p.m., at the Quality Inn & Suites on Atlantic Avenue, the site of the Polar Plunge Festival Center earlier that afternoon. Woods was not involved with the event, which raises money every year for Special Olympics Virginia, event spokeswoman Holly Claytor said.
Woods was arrested and charged with misdemeanor assault and public intoxication. He has been released on $2,500 bond and is scheduled to appear in General District Court on March 22.
Jamey Ray Woods, 35, resigned from the Chesapeake Sheriff's Office on Wednesday morning, said Sgt. David Rosado, a spokesman for the office.
Woods, a deputy since August 1997, was arrested Saturday night at the Oceanfront after a confrontation with his girlfriend, said Officer Adam Bernstein, a Beach police spokesman. The incident occurred at 11 p.m., at the Quality Inn & Suites on Atlantic Avenue, the site of the Polar Plunge Festival Center earlier that afternoon. Woods was not involved with the event, which raises money every year for Special Olympics Virginia, event spokeswoman Holly Claytor said.
Woods was arrested and charged with misdemeanor assault and public intoxication. He has been released on $2,500 bond and is scheduled to appear in General District Court on March 22.
Corrections Officer Candy McGuire Accused of Shooting Husband
A Russell County corrections officer has been charged with first-degree assault after police say a domestic dispute ended with her husband shot in the abdomen Monday.Thirty-four-year-old Candy McGuire is accused of shooting her 42-year-old husband at their home.
Lee County Sheriff Jay Jones says deputies responded to the home at 7:17 a.m. and found the unidentified victim suffering at least one gunshot wound.
Police say the man was responsive when he was transported to The Medical Center in Columbus, Ga.
McGuire turned herself in at the sheriff's office around noon. Russell County Sheriff Tommy Boswell says McGuire has been a corrections officer with his department for seven months.
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Lee County Sheriff Jay Jones says deputies responded to the home at 7:17 a.m. and found the unidentified victim suffering at least one gunshot wound.
Police say the man was responsive when he was transported to The Medical Center in Columbus, Ga.
McGuire turned herself in at the sheriff's office around noon. Russell County Sheriff Tommy Boswell says McGuire has been a corrections officer with his department for seven months.
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Officer Paul Barkyoumb Charged with Harassment
The Connecticut Victim Advocate accuses a Holyoke, Massachusetts Police officer of sending her threatening text messages.
Paul Barkyoumb has now been charged with 2 counts of second degree harassment.
Connecticut State Police Trooper Karen O'Connor says the Holyoke man turned himself in to Connecticut State Police today.
"After a lengthy investigation into the allegations, detectives from the State Police Major Crime Squad secured an arrest warrant for Mr. Barkyoumb," O'Connor said.
Barkyoumb's attorney says he is adamant that his client is innocent.
Connecticut Victim Advocate Michele Cruz identified herself as the victim of harassment in a recent article in the Hartford Advocate newspaper.
She said she had been dating Barkyoumb, and he started sending threatening text messages after they broke up.
Barkyoumb is scheduled to appear in court February 16.
Paul Barkyoumb has now been charged with 2 counts of second degree harassment.
Connecticut State Police Trooper Karen O'Connor says the Holyoke man turned himself in to Connecticut State Police today.
"After a lengthy investigation into the allegations, detectives from the State Police Major Crime Squad secured an arrest warrant for Mr. Barkyoumb," O'Connor said.
Barkyoumb's attorney says he is adamant that his client is innocent.
Connecticut Victim Advocate Michele Cruz identified herself as the victim of harassment in a recent article in the Hartford Advocate newspaper.
She said she had been dating Barkyoumb, and he started sending threatening text messages after they broke up.
Barkyoumb is scheduled to appear in court February 16.
Sherriff Department's Volunteer Bruce Tuck Charged with Multiple Sexual Assault
The Grand Jury returned three separate indictments against Bruce Tuck, 36, on multiple felony charges including aggravated rape, aggravated robbery, and aggravated burglary.
In the first indictment, Tuck is charged with five counts of aggravated rape, especially aggravated kidnapping, aggravated robbery, two counts of aggravated burglary, employing a firearm during a felony, and burglary of a motor vehicle. The indictment states the alleged offenses occurred between June 26 and June 28, 2009. This case was investigated by the Shelby County Sheriff’s Office.
In the second indictment, Tuck is charged with five counts of aggravated rape, aggravated robbery, two counts of aggravated sexual battery, two counts of aggravated assault, two counts of aggravated burglary, and employing a firearm during a felony. The indictment states the alleged offenses occurred between August 4 and August 6, 2009. This case was investigated by the Memphis Police Department.
In the final indictment, Tuck is charged with six counts of aggravated rape, attempted aggravated rape, two counts of especially aggravated kidnapping, aggravated robbery, two counts of aggravated burglary, and employing a firearm during a felony.
The indictment states the alleged offenses occurred between August 22 and August 25, 2009. This case was investigated by the Memphis Police Department.
The District Attorney’s office does not release the names of victims of sexual assault. No other information on the cases is available at this time.
Tuck is currently serving a 60 year sentence with the Tennessee Department of Corrections. Tuck pleaded guilty last December in a Weakley County Criminal Court to multiple felony charges including aggravated rape, especially aggravated kidnapping and sexual battery. He will be transported from the Hardeman County Correctional Facility to the Shelby County Jail where he will be held without bond on these most recent indictments. An arraignment date in Shelby County has not yet been scheduled.
“These reported crimes are especially heinous,” said District Attorney Gibbons. “Although Mr. Tuck is already serving a very long prison sentence for crimes committed elsewhere, we intend to hold him accountable here in Shelby County as well,” Gibbons stressed.
Aggravated rape carries a sentence of up to 60 years without parole. Aggravated rape and aggravated robbery are charges covered by the D.A.’s “No Deals” policy on violent crimes. Exceptions are made to the policy for legal or ethical reasons.
Assistant District Attorneys Abby Wallace and Alanda Dwyer are prosecuting this case. Both prosecutors are assigned to Criminal Court Division 8 which is designated a special prosecution court for cases involving repeat offenders.
Officer Mark Taylor Arrested for Child Sexual Assault
The U.S. Marshals Fugitive Task Force and Arkansas State Police arrested a former West Memphis police officer Thursday.
According to an affidavit, 37-year-old Mark Taylor inappropriately touched and sexually assaulted a young child. Taylor was an officer with the West Memphis Police Department from March 1999 until he resigned in June 2000. He is currently being held in the Crittenden County Jail.
According to an affidavit, 37-year-old Mark Taylor inappropriately touched and sexually assaulted a young child. Taylor was an officer with the West Memphis Police Department from March 1999 until he resigned in June 2000. He is currently being held in the Crittenden County Jail.
Officer Jacques Mackenson Arrested for Child Rape
An off-duty police officer has been arrested and charged with sexually assaulting a child.
Police say Jacques Mackenson, 29, of Brooklyn was arrested this morning by the Internal Affairs Bureau.
The Brooklyn District Attorney's Office says he is facing several charges including sexual conduct against a child and second-degree rape.
Sources say the victim is a 15-year-old female who is related to the officer. NY1 has been told the abuse started three years ago when she was 12.
Mackenson became an officer about a year ago and is assigned to the Housing Bureau's Anti-Crime team in Brooklyn.
Police say Jacques Mackenson, 29, of Brooklyn was arrested this morning by the Internal Affairs Bureau.
The Brooklyn District Attorney's Office says he is facing several charges including sexual conduct against a child and second-degree rape.
Sources say the victim is a 15-year-old female who is related to the officer. NY1 has been told the abuse started three years ago when she was 12.
Mackenson became an officer about a year ago and is assigned to the Housing Bureau's Anti-Crime team in Brooklyn.
Officer Angel Montalvo Charged with Misuse of DataBase
In September 2009, while conducting an unrelated investigation, the Tucson Police Department uncovered information that Tucson Police Officer Angel Montalvo was involved in possible criminal misconduct.
The Tucson Police Department initiated a preliminary investigation into the matter and, due to the complexity of the investigation, referred the investigation to the Federal Bureau of Investigation for follow-up. That investigation was completed and referred to the Arizona Attorney General’s Office.
On February 2, 2010 the Attorney General’s Office presented the matter to an Arizona Grand Jury in Tucson and received an indictment naming Mr. Montalvo on numerous felony counts. The charges involve misuse of police department computers and inappropriate dissemination of confidential information to members of the public.
Mr. Montalvo was arraigned today at 1:00 pm in Pima County Superior Court on that indictment. He was subsequently released pending further appearances on the felony charges. After his arraignment today, Mr. Montalvo was escorted back to the Tucson Police Department Headquarters Building where he was served with his Notice of Intent to Discharge.
Mr. Montalvo has been employed with the Tucson Police Department since October 19, 2006 and assigned to Operations Division South as a patrol officer.
The Tucson Police Department investigates all allegations of criminal or police misconduct in regards to all employees. The nature of these investigations is serious and thoroughly investigated by our Office of Internal Affairs. Mr. Montalvo is not representative of the 1,400 men and women with the Tucson Police Department who serve the public and put their lives on the line day in and day out.
Any questions regarding specific details of the investigation and subsequent indictment need to be directed to the Attorney General’s Office.
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RELEASE FROM ATTORNEY GENERAL’S OFFICE 2/10/10
Terry Goddard Secures Indictment Against Police Officer For Computer Tampering Charges
(Phoenix, Ariz. – February 10, 2010) Attorney General Terry Goddard today announced that Tucson Police Officer Angel Montalvo, 30, has been indicted on nine counts of computer tampering, one count of trafficking in the identity of another person, one count of aggravated taking the identity of another person, and one count of fraudulent schemes and artifices. The charges include nine Class 6 felonies, one Class 3 felony and two Class 2 felonies.
According to court documents, Montalvo misused his access to police databases for non-law enforcement purposes. Montalvo accessed the ACJIS database which houses sensitive information relating to driver registrations, criminal backgrounds, home addresses and other personal information of Arizona citizens.
Documents state that Montalvo accessed these databases over 20 times between May 20, 2009 and December 19, 2009 for his personal use. Montalvo is accused of then disseminating this information to non-law enforcement persons.
Montalvo has been with the Tucson Police Department for three years. He is currently on administrative leave.
He is scheduled to be arraigned at 1 p.m. today in the Pima County Superior Court.
This case was a result of a joint investigation by the Tucson Police Department and FBI and is being prosecuted by Assistant Attorney General Michael Jette in Pima County Superior Court.
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The Tucson Police Department initiated a preliminary investigation into the matter and, due to the complexity of the investigation, referred the investigation to the Federal Bureau of Investigation for follow-up. That investigation was completed and referred to the Arizona Attorney General’s Office.
On February 2, 2010 the Attorney General’s Office presented the matter to an Arizona Grand Jury in Tucson and received an indictment naming Mr. Montalvo on numerous felony counts. The charges involve misuse of police department computers and inappropriate dissemination of confidential information to members of the public.
Mr. Montalvo was arraigned today at 1:00 pm in Pima County Superior Court on that indictment. He was subsequently released pending further appearances on the felony charges. After his arraignment today, Mr. Montalvo was escorted back to the Tucson Police Department Headquarters Building where he was served with his Notice of Intent to Discharge.
Mr. Montalvo has been employed with the Tucson Police Department since October 19, 2006 and assigned to Operations Division South as a patrol officer.
The Tucson Police Department investigates all allegations of criminal or police misconduct in regards to all employees. The nature of these investigations is serious and thoroughly investigated by our Office of Internal Affairs. Mr. Montalvo is not representative of the 1,400 men and women with the Tucson Police Department who serve the public and put their lives on the line day in and day out.
Any questions regarding specific details of the investigation and subsequent indictment need to be directed to the Attorney General’s Office.
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RELEASE FROM ATTORNEY GENERAL’S OFFICE 2/10/10
Terry Goddard Secures Indictment Against Police Officer For Computer Tampering Charges
(Phoenix, Ariz. – February 10, 2010) Attorney General Terry Goddard today announced that Tucson Police Officer Angel Montalvo, 30, has been indicted on nine counts of computer tampering, one count of trafficking in the identity of another person, one count of aggravated taking the identity of another person, and one count of fraudulent schemes and artifices. The charges include nine Class 6 felonies, one Class 3 felony and two Class 2 felonies.
According to court documents, Montalvo misused his access to police databases for non-law enforcement purposes. Montalvo accessed the ACJIS database which houses sensitive information relating to driver registrations, criminal backgrounds, home addresses and other personal information of Arizona citizens.
Documents state that Montalvo accessed these databases over 20 times between May 20, 2009 and December 19, 2009 for his personal use. Montalvo is accused of then disseminating this information to non-law enforcement persons.
Montalvo has been with the Tucson Police Department for three years. He is currently on administrative leave.
He is scheduled to be arraigned at 1 p.m. today in the Pima County Superior Court.
This case was a result of a joint investigation by the Tucson Police Department and FBI and is being prosecuted by Assistant Attorney General Michael Jette in Pima County Superior Court.
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Officer James Riddick Arrested for DUI
A Virginia Beach police officer is on administrative duty following his arrest on a DUI charge.
James Riddick, a sergeant in the department, has been on the force for 15 years.
Court records show he was arrested February 8 on the misdemeanor charge.
Police say Riddick's alcohol level registered .18.
In Virginia, the maximum blood alcohol content considered illegal to drive is .08 percent.
He's due in court on March 18.
James Riddick, a sergeant in the department, has been on the force for 15 years.
Court records show he was arrested February 8 on the misdemeanor charge.
Police say Riddick's alcohol level registered .18.
In Virginia, the maximum blood alcohol content considered illegal to drive is .08 percent.
He's due in court on March 18.
Major Walt Floyd & Lt Don Repec Terminated for Making Offensive Sexual Remarks
North Myrtle Beach officials terminated the department of public safety’s interim director and highest-ranking officer in the city's public safety department, along with a lieutenant who is the head of its detective division following an investigation into allegations the two were heard making offensive sexual remarks about female co-workers and a female crime victim who is a minor.
Police Major Walt Floyd and Lieutenant Don Repec, were terminated Thursday, Feb. 4, according to a news release from the city’s public information officer Nicole Aiello.
Thursday's firings came just days after the men were placed on paid administrative leave following publication of recordings made by former public safety officer Lieutenant Randy Fisher in a local newspaper.
Smithson said during a press conference on Feb. 1 that Floyd and Repec had been asked to leave the workplace until he can talk with them and actions regarding them would be “taken as soon as the investigation is complete.”
The firings are just another chapter in the latest shakeup in the department that has been in turmoil in recent weeks in the midst of allegations of improper behavior, the possible cover-up of a criminal domestic violence case and the suspension and demotion of the department’s director.
William Bailey, the former director of the department of public safety, was placed on paid administrative leave in December following his admission he lied to the city manager about the theft of his city-issued handgun. In January he was demoted to lieutenant and placed on two weeks of unpaid suspension.
Whether he will return to work this week was left open by the city pending an investigation by SLED. The state’s investigative unit was asked by Smithson in January to investigate allegations made against Bailey regarding allegations he covered up a criminal domestic violence case. There is currently no word as to when SLED will investigate the alleged cover-up.
“Once William Bailey’s two-week unpaid suspension is completed, he will remain on leave until the city manager receives a response from SLED as to whether or not they will review the allegations that Mr. Bailey interfered with a charge against a local citizen. If SLED decides to conduct an investigation, Mr. Bailey will remain on leave until the city manager reviews the results of the investigation. Any leave taken at the conclusion of the unpaid suspension will be charged to Mr. Bailey’s accrued vacation leave balance or taken as leave without pay,” Aiello said on Tuesday afternoon.
Capt. Rick Buddelmeyer is now serving as interim director. He is a 23-year veteran of the department.
During a press conference called by City Council on Feb 1, Mayor Marilyn Hatley said City Council was “dismayed, disgusted and sickened at the content and graphic descriptions made by some of the city’s public safety employees.”
The Sun News, the local, daily newspaper, has recently written a series of news stories based on tape recordings made by Fisher who was forced to resign by city officials in November 2009.
The North Myrtle Beach Times does not have a copy of the tapes.
Hatley laid the blame for the public safety departments problem on Fisher, saying she was “disappointed and disturbed” Fisher would allow “these things to happen while he idly sat by.” She said Fisher recorded the conversations then “failed to go through the proper channels to bring these comments to light.”
During Smithson’s statement he also chastised Fisher saying he should have reported the problems in public safety but didn’t.
“I followed my chain of command in reporting what I knew. I went to Major Floyd and talked to him. I did not go to Bailey because some of the problems concerned him and his actions in the department. When Floyd took no action I went to see the assistant city manager Steve Thomas,” Fisher said.
Fisher said in his conversations with Thomas he reported his concerns about unethical behavior and unfair treatment of some employees.
In a letter to Thomas dated Aug. 26, 2009, Fisher outlined his meetings with Thomas which began on June 2. In the Aug. 26 letter he wrote, “I have many recorded conversations through the years saved on my computer.”
On Jan. 21, after his resignation, Fisher, in a letter to Smithson, offered to let him hear the tapes but requested to have a third party present. Smithson declined the invitation.
Fisher said he went through his chain of command and believed Thomas would follow-up on his complaints.
The city attorney has begun meeting with female officers and administrative staff in public safety to ensure no unfavorable treatment has occurred or is occurring now. In addition, sexual harassment and supervisory training, which had been scheduled last year, will be held in the next few weeks.
Thomas, who is in charge of training programs for city employees, said last fall he began talking with a company who provides training for the city about sexual and anti-harassment training and effective supervisory training.
“We have both of those sessions scheduled for several days in February,” said Thomas.
The city has also engaged the services of a consulting group who is currently interviewing public safety officers and others about the problems in the department.
Aiello says The Institute for Public Service and Policy Research will be assisting the city with an assessment of the public safety department.
“They will be here this week to interview employees in order to address any concerns they may wish to express. Further meetings will be scheduled as soon as possible to ensure that all employees have the opportunity to participate in this process,” she said.
Police Major Walt Floyd and Lieutenant Don Repec, were terminated Thursday, Feb. 4, according to a news release from the city’s public information officer Nicole Aiello.
Thursday's firings came just days after the men were placed on paid administrative leave following publication of recordings made by former public safety officer Lieutenant Randy Fisher in a local newspaper.
Smithson said during a press conference on Feb. 1 that Floyd and Repec had been asked to leave the workplace until he can talk with them and actions regarding them would be “taken as soon as the investigation is complete.”
The firings are just another chapter in the latest shakeup in the department that has been in turmoil in recent weeks in the midst of allegations of improper behavior, the possible cover-up of a criminal domestic violence case and the suspension and demotion of the department’s director.
William Bailey, the former director of the department of public safety, was placed on paid administrative leave in December following his admission he lied to the city manager about the theft of his city-issued handgun. In January he was demoted to lieutenant and placed on two weeks of unpaid suspension.
Whether he will return to work this week was left open by the city pending an investigation by SLED. The state’s investigative unit was asked by Smithson in January to investigate allegations made against Bailey regarding allegations he covered up a criminal domestic violence case. There is currently no word as to when SLED will investigate the alleged cover-up.
“Once William Bailey’s two-week unpaid suspension is completed, he will remain on leave until the city manager receives a response from SLED as to whether or not they will review the allegations that Mr. Bailey interfered with a charge against a local citizen. If SLED decides to conduct an investigation, Mr. Bailey will remain on leave until the city manager reviews the results of the investigation. Any leave taken at the conclusion of the unpaid suspension will be charged to Mr. Bailey’s accrued vacation leave balance or taken as leave without pay,” Aiello said on Tuesday afternoon.
Capt. Rick Buddelmeyer is now serving as interim director. He is a 23-year veteran of the department.
During a press conference called by City Council on Feb 1, Mayor Marilyn Hatley said City Council was “dismayed, disgusted and sickened at the content and graphic descriptions made by some of the city’s public safety employees.”
The Sun News, the local, daily newspaper, has recently written a series of news stories based on tape recordings made by Fisher who was forced to resign by city officials in November 2009.
The North Myrtle Beach Times does not have a copy of the tapes.
Hatley laid the blame for the public safety departments problem on Fisher, saying she was “disappointed and disturbed” Fisher would allow “these things to happen while he idly sat by.” She said Fisher recorded the conversations then “failed to go through the proper channels to bring these comments to light.”
During Smithson’s statement he also chastised Fisher saying he should have reported the problems in public safety but didn’t.
“I followed my chain of command in reporting what I knew. I went to Major Floyd and talked to him. I did not go to Bailey because some of the problems concerned him and his actions in the department. When Floyd took no action I went to see the assistant city manager Steve Thomas,” Fisher said.
Fisher said in his conversations with Thomas he reported his concerns about unethical behavior and unfair treatment of some employees.
In a letter to Thomas dated Aug. 26, 2009, Fisher outlined his meetings with Thomas which began on June 2. In the Aug. 26 letter he wrote, “I have many recorded conversations through the years saved on my computer.”
On Jan. 21, after his resignation, Fisher, in a letter to Smithson, offered to let him hear the tapes but requested to have a third party present. Smithson declined the invitation.
Fisher said he went through his chain of command and believed Thomas would follow-up on his complaints.
The city attorney has begun meeting with female officers and administrative staff in public safety to ensure no unfavorable treatment has occurred or is occurring now. In addition, sexual harassment and supervisory training, which had been scheduled last year, will be held in the next few weeks.
Thomas, who is in charge of training programs for city employees, said last fall he began talking with a company who provides training for the city about sexual and anti-harassment training and effective supervisory training.
“We have both of those sessions scheduled for several days in February,” said Thomas.
The city has also engaged the services of a consulting group who is currently interviewing public safety officers and others about the problems in the department.
Aiello says The Institute for Public Service and Policy Research will be assisting the city with an assessment of the public safety department.
“They will be here this week to interview employees in order to address any concerns they may wish to express. Further meetings will be scheduled as soon as possible to ensure that all employees have the opportunity to participate in this process,” she said.
Detention Officer Anthony Lavis Charged with Having Sex with Inmates
A Kern County sheriff's detention officer has been charged with sexually assaulting female inmates in the Kern County jail just weeks after another deputy was charged with having unlawful sex with an inmate, charges filed in court Thursday say.
Sheriff Donny Youngblood has scheduled a news conference Thursday afternoon on the matter, but would not comment further.
Anthony Michael Lavis, 55, is scheduled to be arraigned Feb. 18 on the charges which include four felonies and three misdemeanors. Bail in the case is $170,000.
The incidents first came to the attention of deputies Oct. 15 when one of the alleged victims said Lavis touch her while she was in the shower, court records said. An investigation was begun and audio and video surveillance was set up in the victim's cell.
Audio equipment captured conversation of a sexual nature between Lavis and the victim, and Lavis touched the victim and digitally penetrated her, according to a probable cause declaration investigators filed.
Detectives were soon able to find three other women who said Lavis touched them inappropriately, the declaration filed in Kern County Superior Court said.
The second alleged victim said Lavis kissed and touched her while she was an inmate, and the third alleged victim said that while she was in custody and assigned to a work crew Lavis walked up behind her and rubbed against her, the declaration said.
The fourth alleged victim said Lavis wouldn't allow her to return to her housing unit after she was taken off suicide watch until she disrobed for him, court records said.
A fifth woman was later found who said she had received phone calls and flowers from Lavis after she was released from jail, court record said. She said she never provided contact information to Lavis and was surprised to hear from him. Lavis was able to find her by using a Sheriff's Office criminal database, the records said.
The charges against Lavis are forcible sexual penetration, assault by an officer and three counts of intimate touching, court records say.
The charges come a month after the department arrested Detention Deputy Margarita Young, 48, on charges of having unlawful sex at Lerdo Jail with Death Row inmate Timothy Rodriguez, 41.
She has pleaded not guilty and is scheduled for a preliminary hearing in March.
Sheriff Donny Youngblood has scheduled a news conference Thursday afternoon on the matter, but would not comment further.
Anthony Michael Lavis, 55, is scheduled to be arraigned Feb. 18 on the charges which include four felonies and three misdemeanors. Bail in the case is $170,000.
The incidents first came to the attention of deputies Oct. 15 when one of the alleged victims said Lavis touch her while she was in the shower, court records said. An investigation was begun and audio and video surveillance was set up in the victim's cell.
Audio equipment captured conversation of a sexual nature between Lavis and the victim, and Lavis touched the victim and digitally penetrated her, according to a probable cause declaration investigators filed.
Detectives were soon able to find three other women who said Lavis touched them inappropriately, the declaration filed in Kern County Superior Court said.
The second alleged victim said Lavis kissed and touched her while she was an inmate, and the third alleged victim said that while she was in custody and assigned to a work crew Lavis walked up behind her and rubbed against her, the declaration said.
The fourth alleged victim said Lavis wouldn't allow her to return to her housing unit after she was taken off suicide watch until she disrobed for him, court records said.
A fifth woman was later found who said she had received phone calls and flowers from Lavis after she was released from jail, court record said. She said she never provided contact information to Lavis and was surprised to hear from him. Lavis was able to find her by using a Sheriff's Office criminal database, the records said.
The charges against Lavis are forcible sexual penetration, assault by an officer and three counts of intimate touching, court records say.
The charges come a month after the department arrested Detention Deputy Margarita Young, 48, on charges of having unlawful sex at Lerdo Jail with Death Row inmate Timothy Rodriguez, 41.
She has pleaded not guilty and is scheduled for a preliminary hearing in March.
Fairfax Man Known by Police to be Severely Mentally Ill Shot at Close Range
The Herndon man who was shot by a Fairfax County police officer last week was known by police to be severely mentally ill, and he was wielding a plastic replica of a pistol when he was shot at close range in the chest and stomach, police and family members said.
Ian C. Smith, 25, remains in critical condition at Inova Fairfax Hospital, where he has undergone four operations to repair the damage from two .45-caliber bullets. He was shot Friday morning in the basement of the home he shares with his parents and younger sister on Fallon Drive after a three-hour standoff with Fairfax tactical officers overseen by a police major with extensive experience dealing with the mentally ill.
But Smith's family said the officers reacted rashly by even entering the basement.
"The cop had no reason to do what he did," said Brenda Smith, Ian Smith's mother. "He isn't a murderer out on the street. He was a kid down in his basement having a psychotic attack."
Police said Smith emerged from behind a bathroom door, lunged at two officers and began pulling the trigger of his plastic BB gun. The officer did not know it wasn't a real gun, police said. "It's tragic. My heart goes out to them," said Maj. Shawn Barrett, head of the Fairfax criminal investigations bureau, who did not oversee the situation that day but is the lead investigator.
But he said the gun Smith was holding was "a very realistic-looking replica of a semiautomatic pistol" that did not have a brightly colored tip, which would have indicated that the gun was fake.
Barrett said Smith "pulled that weapon out and pointed it point blank at the officers and was pulling the trigger. At that point, the officer just responds when it's him or the other person. The [tactical] officer reverts to his training. They did everything they could."
Smith's relatives were ordered by police to leave the house as soon as officers arrived, late on Feb. 4. They wondered why, with the house empty and no one else in danger, the two tactical officers entered the house and confronted Smith so soon.
Police spokeswoman Mary Ann Jennings said that negotiators had not made contact with Smith in some time and that they thought he might have been asleep. So Maj. Thomas Ryan, supervising the operation, ordered two tactical officers, one with a dog, to go inside quietly in hopes of taking Smith into custody without violence, police said.
The name of the officer who fired the shots was not released. Fairfax police typically do not identify officers involved in shootings. The shooting of Smith was the second in recent months to involve a mentally ill man. On Nov. 13, another unidentified officer shot and killed David A. Masters, 52, as Masters rolled away from a traffic stop on Route 1.
The officers in the Masters case did not know he had bipolar disorder. But Fairfax police had been regular visitors to Smith's home to deal with his paranoid schizophrenia, his family and police said.
Smith was 17 when he began having hallucinations, said his father, Alan Smith. He graduated from Westfield High School, but when he tried to enter college in Richmond, he had a psychotic episode and was hospitalized for the first of many times, his father said.
In recent years, Smith would make threatening comments or rant excessively until his parents would call for help. His father said that when officers came, Smith would immediately calm down, apologize, take his medication and return quietly to his bedroom in the basement.
But on the night of Feb. 4, the circumstances were slightly different. Smith walked into the house and showed his sister Hayley, 21, the handle of a pistol, she said. She didn't know whether it was real. She told her mother about it as Smith went to his bedroom.
Brenda and Hayley Smith debated whether to call the Mobile Crisis Unit at Fairfax's Woodburn mental health clinic. Brenda Smith said she made the call, thinking the unit would take her son to a mental hospital. She said the clinic told her to call police as well, and she did.
The mention of a possible weapon was a new variable for police, Barrett said. Patrol officers arrived at 11:30 p.m., and rather than speaking first to Smith, they ordered Brenda and Hayley Smith out of the house, the Smiths said.
Barrett said that the patrol officers tried to get Smith to come out of the basement but that he refused. So tactical officers and negotiators were summoned, headed by Ryan, who had launched crisis intervention training for Fairfax officers to deal with the mentally ill and has worked extensively with the mental health community.
Barrett said police also were told that Smith was a "chronic drug user" and often used PCP, a hallucinogen. His parents denied that, saying they told police that trace amounts of PCP were found in a blood test last year but that their son had never tested positive in his mental hospitalizations and had never been found with any drugs.
Police told the Smiths that they tossed a remote camera into the basement and could see Smith, in his pajamas, unarmed. But Barrett said Smith moved out of the camera's view.
Brenda Smith said that her son often brought BB guns home and that she or her husband always threw them out. What he pointed at the officers "must have been a new one," she said. The confrontation and shooting happened about 3 a.m., police said.
Police had obtained an emergency custody order, and Smith's family thought he would be taken to a mental ward for treatment. Brenda Smith said police should not "shoot to kill somebody when they're supposed to take them to a hospital. They do that too often."
Ian C. Smith, 25, remains in critical condition at Inova Fairfax Hospital, where he has undergone four operations to repair the damage from two .45-caliber bullets. He was shot Friday morning in the basement of the home he shares with his parents and younger sister on Fallon Drive after a three-hour standoff with Fairfax tactical officers overseen by a police major with extensive experience dealing with the mentally ill.
But Smith's family said the officers reacted rashly by even entering the basement.
"The cop had no reason to do what he did," said Brenda Smith, Ian Smith's mother. "He isn't a murderer out on the street. He was a kid down in his basement having a psychotic attack."
Police said Smith emerged from behind a bathroom door, lunged at two officers and began pulling the trigger of his plastic BB gun. The officer did not know it wasn't a real gun, police said. "It's tragic. My heart goes out to them," said Maj. Shawn Barrett, head of the Fairfax criminal investigations bureau, who did not oversee the situation that day but is the lead investigator.
But he said the gun Smith was holding was "a very realistic-looking replica of a semiautomatic pistol" that did not have a brightly colored tip, which would have indicated that the gun was fake.
Barrett said Smith "pulled that weapon out and pointed it point blank at the officers and was pulling the trigger. At that point, the officer just responds when it's him or the other person. The [tactical] officer reverts to his training. They did everything they could."
Smith's relatives were ordered by police to leave the house as soon as officers arrived, late on Feb. 4. They wondered why, with the house empty and no one else in danger, the two tactical officers entered the house and confronted Smith so soon.
Police spokeswoman Mary Ann Jennings said that negotiators had not made contact with Smith in some time and that they thought he might have been asleep. So Maj. Thomas Ryan, supervising the operation, ordered two tactical officers, one with a dog, to go inside quietly in hopes of taking Smith into custody without violence, police said.
The name of the officer who fired the shots was not released. Fairfax police typically do not identify officers involved in shootings. The shooting of Smith was the second in recent months to involve a mentally ill man. On Nov. 13, another unidentified officer shot and killed David A. Masters, 52, as Masters rolled away from a traffic stop on Route 1.
The officers in the Masters case did not know he had bipolar disorder. But Fairfax police had been regular visitors to Smith's home to deal with his paranoid schizophrenia, his family and police said.
Smith was 17 when he began having hallucinations, said his father, Alan Smith. He graduated from Westfield High School, but when he tried to enter college in Richmond, he had a psychotic episode and was hospitalized for the first of many times, his father said.
In recent years, Smith would make threatening comments or rant excessively until his parents would call for help. His father said that when officers came, Smith would immediately calm down, apologize, take his medication and return quietly to his bedroom in the basement.
But on the night of Feb. 4, the circumstances were slightly different. Smith walked into the house and showed his sister Hayley, 21, the handle of a pistol, she said. She didn't know whether it was real. She told her mother about it as Smith went to his bedroom.
Brenda and Hayley Smith debated whether to call the Mobile Crisis Unit at Fairfax's Woodburn mental health clinic. Brenda Smith said she made the call, thinking the unit would take her son to a mental hospital. She said the clinic told her to call police as well, and she did.
The mention of a possible weapon was a new variable for police, Barrett said. Patrol officers arrived at 11:30 p.m., and rather than speaking first to Smith, they ordered Brenda and Hayley Smith out of the house, the Smiths said.
Barrett said that the patrol officers tried to get Smith to come out of the basement but that he refused. So tactical officers and negotiators were summoned, headed by Ryan, who had launched crisis intervention training for Fairfax officers to deal with the mentally ill and has worked extensively with the mental health community.
Barrett said police also were told that Smith was a "chronic drug user" and often used PCP, a hallucinogen. His parents denied that, saying they told police that trace amounts of PCP were found in a blood test last year but that their son had never tested positive in his mental hospitalizations and had never been found with any drugs.
Police told the Smiths that they tossed a remote camera into the basement and could see Smith, in his pajamas, unarmed. But Barrett said Smith moved out of the camera's view.
Brenda Smith said that her son often brought BB guns home and that she or her husband always threw them out. What he pointed at the officers "must have been a new one," she said. The confrontation and shooting happened about 3 a.m., police said.
Police had obtained an emergency custody order, and Smith's family thought he would be taken to a mental ward for treatment. Brenda Smith said police should not "shoot to kill somebody when they're supposed to take them to a hospital. They do that too often."
Corporal Randy Braaksma Accused of Keeping Cash & Seized Drugs
Vancouver Police chief Cliff Cook has fired an officer accused of keeping cash and drugs seized from suspects.
Corporal Randy Braaksma was terminated Wednesday after a year-long investigation into mishandled evidence.
The Vancouver Columbian reports a lawyer for Braaksma says the firing is retaliation for his speaking out in a discrimination case. Braaksma has filed a claim against the city, intending to sue.
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Information from: The Columbian, http://www.columbian.com
Corporal Randy Braaksma was terminated Wednesday after a year-long investigation into mishandled evidence.
The Vancouver Columbian reports a lawyer for Braaksma says the firing is retaliation for his speaking out in a discrimination case. Braaksma has filed a claim against the city, intending to sue.
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Information from: The Columbian, http://www.columbian.com
Officer's Name will be Released in Child Porn Case
The name of the city police officer involved in a child pornography probe will be made public Friday barring appeal.
A day after Rutland District Court Judge Thomas Zonay redacted the name and identifying information related to the officer from documents related to the investigation, the judge said Wednesday in a decision there was no legal basis to continue keeping the officer's identity from the public eye.
"In sum, the court simply cannot find that the privacy issues advanced … are such that they can be found to be exceptional circumstances which provide a basis for sealing the name and identifying information of the target," Zonay wrote in his six page decision.
However, Zonay didn't immediately release the name, instead giving the officer until 1 p.m. Friday to file an appeal to the Vermont Supreme Court. The officer's attorney, Matthew Harnett, could not be reached for comment Wednesday.
Robert Hemley, a lawyer for the Rutland Herald, which sought the release of court documents related to the investigation, said Wednesday that Zonay's decision reached a balance in preserving the rights of access for the press and the public and what privacy rights exist for the officer in question.
"By giving time for an appeal, the judge is giving an opportunity to have the decision reviewed if the individual disagrees with it," Hemley said.
On Tuesday, Zonay released more than 30 pages of documents related to a search warrant executed at the police department in September. Those documents described an investigation that started in August after state police discovered more than 150 images of suspected child pornography on a computer issued to the officer.
Additional images, discs, DVDs and VHS tapes of adult pornographic material and suspected child pornography were obtained through execution of a search warrant at the department on Sept. 22, 2009.
Zonay redacted the name and identifying information about the officer after hearing arguments Tuesday from a lawyer representing the officer, who was identified in court only as "John Doe."
Regarding the potential damage to the officer's reputation, the judge concluded that the potential stigma for the officer was not significantly different from what any other subject of a criminal investigation would face.
"The issue for the court is whether there are 'exceptional circumstances' specific to this case. … The circumstances and impact advanced by counsel are not exceptional. Rather, they are typical for any search pertaining to the underlying subject matter. Indeed, a stigma and impact may be expected to attach in any case where a warrant is executed, irrespective of the nature of the crime being investigated."
A day after Rutland District Court Judge Thomas Zonay redacted the name and identifying information related to the officer from documents related to the investigation, the judge said Wednesday in a decision there was no legal basis to continue keeping the officer's identity from the public eye.
"In sum, the court simply cannot find that the privacy issues advanced … are such that they can be found to be exceptional circumstances which provide a basis for sealing the name and identifying information of the target," Zonay wrote in his six page decision.
However, Zonay didn't immediately release the name, instead giving the officer until 1 p.m. Friday to file an appeal to the Vermont Supreme Court. The officer's attorney, Matthew Harnett, could not be reached for comment Wednesday.
Robert Hemley, a lawyer for the Rutland Herald, which sought the release of court documents related to the investigation, said Wednesday that Zonay's decision reached a balance in preserving the rights of access for the press and the public and what privacy rights exist for the officer in question.
"By giving time for an appeal, the judge is giving an opportunity to have the decision reviewed if the individual disagrees with it," Hemley said.
On Tuesday, Zonay released more than 30 pages of documents related to a search warrant executed at the police department in September. Those documents described an investigation that started in August after state police discovered more than 150 images of suspected child pornography on a computer issued to the officer.
Additional images, discs, DVDs and VHS tapes of adult pornographic material and suspected child pornography were obtained through execution of a search warrant at the department on Sept. 22, 2009.
Zonay redacted the name and identifying information about the officer after hearing arguments Tuesday from a lawyer representing the officer, who was identified in court only as "John Doe."
Regarding the potential damage to the officer's reputation, the judge concluded that the potential stigma for the officer was not significantly different from what any other subject of a criminal investigation would face.
"The issue for the court is whether there are 'exceptional circumstances' specific to this case. … The circumstances and impact advanced by counsel are not exceptional. Rather, they are typical for any search pertaining to the underlying subject matter. Indeed, a stigma and impact may be expected to attach in any case where a warrant is executed, irrespective of the nature of the crime being investigated."
Former Officer Gene Tomatani Pleads Guilty to Grand Theft
A former Redondo Beach police officer accused of taking more than $75,000 from a law enforcement officers' association pleaded guilty Wednesday to one count of grand theft by embezzlement, authorities said.
Gene Tomatani, 40, is expected to pay $75,388 in restitution between now and his sentencing March 15, the Los Angeles County district attorney's office said. He has already paid $12,000 toward the restitution.
Tomatani agreed to a settlement and is expected to be sentenced to 90 days in County Jail and three years' probation. He must attend a year of Gamblers Anonymous, the district attorney said.
Tomatani was the president and treasurer of the Redondo Beach Police Officer's Assn. and was accused of embezzling the money between May 2004 and May 2008.
He resigned from the department in October.
Gene Tomatani, 40, is expected to pay $75,388 in restitution between now and his sentencing March 15, the Los Angeles County district attorney's office said. He has already paid $12,000 toward the restitution.
Tomatani agreed to a settlement and is expected to be sentenced to 90 days in County Jail and three years' probation. He must attend a year of Gamblers Anonymous, the district attorney said.
Tomatani was the president and treasurer of the Redondo Beach Police Officer's Assn. and was accused of embezzling the money between May 2004 and May 2008.
He resigned from the department in October.
Wednesday, February 10, 2010
Two Corrections Officer Arrested for Misconduct
In less than a week, authorities in Cumberland County have arrested two corrections officers accused of misconduct on the job. Both face serious charges in unrelated cases.
Last week, an officer was charged with smuggling drugs in to the jail, and a second officer was accused Tuesday of having sex with an inmate.
Cumberland County Sheriff Mark Dion said he is disappointed over what he called "two corrupt corrections officers" at the Cumberland County Jail.
"It's a terrible feeling. I mean, we take an oath. The community grants us a responsibility and, more importantly, they trust us to do the job," Dion said. "We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
Gerald Gilbert Jr., 41, of South Portland, faces two charges of gross sexual assault following an internal investigation by the sheriff's office. Gilbert is accused of having sex with a female inmate at the Cumberland County Jail.
Dion said the same female inmate was receiving drugs from Toby Post, 38, of West Gardiner, who was charged last week with two felony counts of trafficking in prison contraband. Investigators determined Post was the middleman in delivering drugs to an inmate.
Dion said he has enough evidence to recommend to county leaders that both men lose their jobs.
"They have a common link with that particular inmate; however, they weren't necessarily working in concert," Dion said.
"We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
"The men and women who work in that facility are disgusted that two of our own have fallen to that level, but bad apples don't spoil the bunch," said Will Russell, president of the correction officers' union. "The men and women who work in that facility hold their heads up high, and rightfully so."
"Should there be some policy changes? We don't re-write the code for traffic court just because there are accidents out there and people are speeding. We just pay more attention and we will," Dion said.
Post is free on bail and has been placed on paid administrative leave pending an internal investigation.
Gilbert, who has been a corrections officer at the jail since January 2007, is on paid administrative leave pending a pre-termination hearing. He was released from jail on unsecured bail of $5,000. News 8 spoke with Gilbert at his home Tuesday night but he had no comment.
Both Gilbert and Post are due to be arraigned in court on March 10.
Last week, an officer was charged with smuggling drugs in to the jail, and a second officer was accused Tuesday of having sex with an inmate.
Cumberland County Sheriff Mark Dion said he is disappointed over what he called "two corrupt corrections officers" at the Cumberland County Jail.
"It's a terrible feeling. I mean, we take an oath. The community grants us a responsibility and, more importantly, they trust us to do the job," Dion said. "We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
Gerald Gilbert Jr., 41, of South Portland, faces two charges of gross sexual assault following an internal investigation by the sheriff's office. Gilbert is accused of having sex with a female inmate at the Cumberland County Jail.
Dion said the same female inmate was receiving drugs from Toby Post, 38, of West Gardiner, who was charged last week with two felony counts of trafficking in prison contraband. Investigators determined Post was the middleman in delivering drugs to an inmate.
Dion said he has enough evidence to recommend to county leaders that both men lose their jobs.
"They have a common link with that particular inmate; however, they weren't necessarily working in concert," Dion said.
"We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
"The men and women who work in that facility are disgusted that two of our own have fallen to that level, but bad apples don't spoil the bunch," said Will Russell, president of the correction officers' union. "The men and women who work in that facility hold their heads up high, and rightfully so."
"Should there be some policy changes? We don't re-write the code for traffic court just because there are accidents out there and people are speeding. We just pay more attention and we will," Dion said.
Post is free on bail and has been placed on paid administrative leave pending an internal investigation.
Gilbert, who has been a corrections officer at the jail since January 2007, is on paid administrative leave pending a pre-termination hearing. He was released from jail on unsecured bail of $5,000. News 8 spoke with Gilbert at his home Tuesday night but he had no comment.
Both Gilbert and Post are due to be arraigned in court on March 10.
Deputy Danny Stenger Accused of Sleeping with Informant
Richmond County Sheriff Ronnie Strength tells 26 News a deputy has resigned after accusations arose about him sleeping with an informant.
Strength tells 26 News an internal affairs investigation was opened at the beginning of this month after the informant’s attorney notified the Sheriff’s Office of the relationship.
26 News has learned Danny Stenger first arrested the suspect and her boyfriend during a meth case back in August. The boyfriend was arrested for drug charges, and she was arrested for disorderly conduct. Strength says an internal affairs investigation revealed the affair began four months later.
Stenger was questioned about the incident on Friday and has since resigned.
Stenger was already on suspension for allegedly taking open case files and property receipts out of the office and leaving them in his car. During a routine inspection of his car, sources allege he took the files out and hid them in a washing machine.
Strength says this is an ongoing investigation. Once it is complete, it will be handed over to Georgia Peace Officer Standards and Training Council or P.O.S.T. The council will then decide whether or not Stenger can stay in law enforcement.
Stenger started working with the Sheriff’s Office in 1996. He was with the Narcotics division for four years before he resigned.
Strength tells 26 News an internal affairs investigation was opened at the beginning of this month after the informant’s attorney notified the Sheriff’s Office of the relationship.
26 News has learned Danny Stenger first arrested the suspect and her boyfriend during a meth case back in August. The boyfriend was arrested for drug charges, and she was arrested for disorderly conduct. Strength says an internal affairs investigation revealed the affair began four months later.
Stenger was questioned about the incident on Friday and has since resigned.
Stenger was already on suspension for allegedly taking open case files and property receipts out of the office and leaving them in his car. During a routine inspection of his car, sources allege he took the files out and hid them in a washing machine.
Strength says this is an ongoing investigation. Once it is complete, it will be handed over to Georgia Peace Officer Standards and Training Council or P.O.S.T. The council will then decide whether or not Stenger can stay in law enforcement.
Stenger started working with the Sheriff’s Office in 1996. He was with the Narcotics division for four years before he resigned.
Former Sgt. Walter McWilson Pleads Guilty to Receiving Stolen Property
A once-lauded Oceanside police sergeant will do jail time after pleading guilty Wednesday to three counts of receiving stolen property.
Before striking a plea bargain with prosecutors, Walter McWilson, 37, a 10-year Oceanside police veteran, had been facing 14 felony charges, including grand theft and conspiracy for allegedly asking his office manager girlfriend to use her construction company's credit cards to buy gift cards, electronics and home improvement materials.
Prosecutor Anna Winn, who handled the case, said police officers are "heroes" and "protectors," so McWilson's fall was painful to many.
"Anytime a police officer commits a crime, it betrays all police officers and it betrays the public trust," Winn said.
McWilson is scheduled to be sentenced June 15 to 365 days in county jail, Winn said. But if he repays Oceanside-based Royal Pacific Construction $22,000 by that date, he will get a sentence of between 180 and 270 days.
Under state guidelines, McWilson will probably be required to serve half of any sentence he receives.
McWilson has three children and lives in Murrieta with a son and his elderly mother.
His now ex-girlfriend Aimee Rich, 34, had previously pleaded guilty to one count of embezzlement and is expected to be sentenced April 22 to between 120 and 365 days in jail, Winn said.
Before he was placed on leave in August, McWilson gained the praise of department leaders as the supervisor of the Neighborhood Policing Team and for his work on the Crisis Negotiations Team and the Psychiatric Emergency Response Team.
With an earnest but friendly demeanor and what department leaders said was a sincere concern for the community, one Oceanside police captain called McWilson a "rising star."
Detectives from his own department discovered McWilson's crimes by accident as they investigated Rich, police said.
She refused to tell investigators whether her embezzlement had benefited any friends, but a receipt for a mattress seized from her Murrieta apartment had McWilson's name on it, police said.
Oceanside police Chief Frank McCoy on Wednesday said McWilson's arrest and guilty plea showed the department's commitment to justice.
"A clear message was sent that regardless of if someone is a police officer or whatever their profession is, our department will conduct a thorough and fair investigation," McCoy said.
Oceanside's probe showed that Rich had used company checks and lines of credit to embezzle about $160,000 between 2004 and 2008, court records show.
Winn said McWilson admitted that Rich used her company's credit to buy him about $22,000 worth of goods, including four TVs, one of which he sold to a neighbor, an Apple notebook computer, a high-end mattress, Thomasville mahogany flooring and $4,000 in Home Depot gift cards.
As a convicted felon, McWilson will never be able to work in law enforcement again, Winn said.
But it is not McWilson's first time on the wrong side of the law. In 1993 he was convicted of evading a police officer, Winn said, but had the charge expunged after establishing a record of good behavior.
Before striking a plea bargain with prosecutors, Walter McWilson, 37, a 10-year Oceanside police veteran, had been facing 14 felony charges, including grand theft and conspiracy for allegedly asking his office manager girlfriend to use her construction company's credit cards to buy gift cards, electronics and home improvement materials.
Prosecutor Anna Winn, who handled the case, said police officers are "heroes" and "protectors," so McWilson's fall was painful to many.
"Anytime a police officer commits a crime, it betrays all police officers and it betrays the public trust," Winn said.
McWilson is scheduled to be sentenced June 15 to 365 days in county jail, Winn said. But if he repays Oceanside-based Royal Pacific Construction $22,000 by that date, he will get a sentence of between 180 and 270 days.
Under state guidelines, McWilson will probably be required to serve half of any sentence he receives.
McWilson has three children and lives in Murrieta with a son and his elderly mother.
His now ex-girlfriend Aimee Rich, 34, had previously pleaded guilty to one count of embezzlement and is expected to be sentenced April 22 to between 120 and 365 days in jail, Winn said.
Before he was placed on leave in August, McWilson gained the praise of department leaders as the supervisor of the Neighborhood Policing Team and for his work on the Crisis Negotiations Team and the Psychiatric Emergency Response Team.
With an earnest but friendly demeanor and what department leaders said was a sincere concern for the community, one Oceanside police captain called McWilson a "rising star."
Detectives from his own department discovered McWilson's crimes by accident as they investigated Rich, police said.
She refused to tell investigators whether her embezzlement had benefited any friends, but a receipt for a mattress seized from her Murrieta apartment had McWilson's name on it, police said.
Oceanside police Chief Frank McCoy on Wednesday said McWilson's arrest and guilty plea showed the department's commitment to justice.
"A clear message was sent that regardless of if someone is a police officer or whatever their profession is, our department will conduct a thorough and fair investigation," McCoy said.
Oceanside's probe showed that Rich had used company checks and lines of credit to embezzle about $160,000 between 2004 and 2008, court records show.
Winn said McWilson admitted that Rich used her company's credit to buy him about $22,000 worth of goods, including four TVs, one of which he sold to a neighbor, an Apple notebook computer, a high-end mattress, Thomasville mahogany flooring and $4,000 in Home Depot gift cards.
As a convicted felon, McWilson will never be able to work in law enforcement again, Winn said.
But it is not McWilson's first time on the wrong side of the law. In 1993 he was convicted of evading a police officer, Winn said, but had the charge expunged after establishing a record of good behavior.
Officer Jason Deason Pleads Guilty to Steroid Charges
Former Canby Police officer Jason D. Deason pleaded guilty to steroid and misconduct charges Wednesday.
Deason pleaded guilty to a charge of illegally possessing anabolic steroids and two counts of official misconduct for buying the drugs while on duty and in uniform.
He will be sentenced Feb. 25 in Clackamas County Circuit Court.
Each of the three counts is a class A misdemeanor punishable by up to a year in jail, said Deputy District Attorney Mike Wu.
But as part of a plea agreement, the district attorney’s office will ask the judge to limit his jail recommendation to 120 days, Wu added.
Deason, a member of the Canby police force since 1999, resigned in July 2008 during an FBI investigation of his alleged steroid use.
The Canby Police Department’s failure to properly investigate complaints about Deason led to an internal investigation and the resignation of Chief Greg Kroeplin.
The controversy also generated criticism of Canby City Administrator Mark Adcock, who was ultimately fired by the city council Aug. 26, 2009. The council terminated Adcock for failing to make satisfactory progress on a work improvement plan and a loss of trust and confidence in his ability to manage the city’s business.
William J. Traverso of Canby, accused of being one of Deason’s suppliers, will go on trial March 30 on theft and unlawful possession of steroids charges.
Deason pleaded guilty to a charge of illegally possessing anabolic steroids and two counts of official misconduct for buying the drugs while on duty and in uniform.
He will be sentenced Feb. 25 in Clackamas County Circuit Court.
Each of the three counts is a class A misdemeanor punishable by up to a year in jail, said Deputy District Attorney Mike Wu.
But as part of a plea agreement, the district attorney’s office will ask the judge to limit his jail recommendation to 120 days, Wu added.
Deason, a member of the Canby police force since 1999, resigned in July 2008 during an FBI investigation of his alleged steroid use.
The Canby Police Department’s failure to properly investigate complaints about Deason led to an internal investigation and the resignation of Chief Greg Kroeplin.
The controversy also generated criticism of Canby City Administrator Mark Adcock, who was ultimately fired by the city council Aug. 26, 2009. The council terminated Adcock for failing to make satisfactory progress on a work improvement plan and a loss of trust and confidence in his ability to manage the city’s business.
William J. Traverso of Canby, accused of being one of Deason’s suppliers, will go on trial March 30 on theft and unlawful possession of steroids charges.
Officer Jeff Brown Being Investigated Again
Oregon Police Officer Jeff Brown, who was suspended last year following an internal affairs investigation involving several women, was put on paid administrative leave late last month.
Mayor Mike Seferian said police are looking at whether Brown, the son of former Mayor Marge Brown, violated department rules, but would not disclose details because the matter is under investigation.
“Pending the outcome of the investigation, we just put him on administrative leave,” said Seferian.
It is the latest police department investigation of Brown.
He received disciplinary action last year as the result of an investigation that stretched back seven years. He was suspended for 20 days for his repeated and illegal use of the Law Enforcement Automated Data System (LEADS) to gain information about an ex-girlfriend over a two year period.
In addition to the 20-day suspension, Brown received a verbal reprimand for interfering in the private business or affairs of another woman, Vicky Ferris, a teacher at St. Patrick of Heatherdowns Elementary School. Ferris contacted police to complain that Brown had allegedly portrayed her as a convicted felon.
Brown was blocked from using the Northwest Ohio Regional Information System (NORIS) and LEADS for six months and was suspended from the Special Response Team (SRT) for six months.
Allegations that Brown had sex with a woman while he was on duty in 2002 were substantiated by the investigation, but were dismissed because of the absence of a report on the matter.
Nichole Rhoades had alleged she and Brown had sex in Fire Station No. 2 on Wheeling Street, at the Comfort Inn, in the playground area of New Harvest Church on Seaman Road, and in the parking lot of Coy School on Wheeling Street while Brown was on duty.
The report, issued last September 4, couldn’t have come at a worse time for Brown’s mother, who ran against Seferian for a third term last November. She said at the time that the investigation had been politically motivated. Seferian said he had nothing to do with the investigation, which was started by Stager several months before the election.
Seferian, a long time councilman, beat Brown 61.17 percent to 38.83 percent of the vote and in each of the city’s 19 precincts.
Mayor Mike Seferian said police are looking at whether Brown, the son of former Mayor Marge Brown, violated department rules, but would not disclose details because the matter is under investigation.
“Pending the outcome of the investigation, we just put him on administrative leave,” said Seferian.
It is the latest police department investigation of Brown.
He received disciplinary action last year as the result of an investigation that stretched back seven years. He was suspended for 20 days for his repeated and illegal use of the Law Enforcement Automated Data System (LEADS) to gain information about an ex-girlfriend over a two year period.
In addition to the 20-day suspension, Brown received a verbal reprimand for interfering in the private business or affairs of another woman, Vicky Ferris, a teacher at St. Patrick of Heatherdowns Elementary School. Ferris contacted police to complain that Brown had allegedly portrayed her as a convicted felon.
Brown was blocked from using the Northwest Ohio Regional Information System (NORIS) and LEADS for six months and was suspended from the Special Response Team (SRT) for six months.
Allegations that Brown had sex with a woman while he was on duty in 2002 were substantiated by the investigation, but were dismissed because of the absence of a report on the matter.
Nichole Rhoades had alleged she and Brown had sex in Fire Station No. 2 on Wheeling Street, at the Comfort Inn, in the playground area of New Harvest Church on Seaman Road, and in the parking lot of Coy School on Wheeling Street while Brown was on duty.
The report, issued last September 4, couldn’t have come at a worse time for Brown’s mother, who ran against Seferian for a third term last November. She said at the time that the investigation had been politically motivated. Seferian said he had nothing to do with the investigation, which was started by Stager several months before the election.
Seferian, a long time councilman, beat Brown 61.17 percent to 38.83 percent of the vote and in each of the city’s 19 precincts.
Officer James John Hoffman Arrested for Drunk Driving
A Bethlehem police officer has been placed on administrative leave while he faces drunken driving and careless driving charges in Bucks County.
James John Hoffman, 28, of Warminster Township was charged Jan. 17 with three counts of drunken driving and careless driving by Warminster police, according to criminal court records.
Hoffman joined Bethlehem police in 2007 and most recently served as a patrol officer.
He surrendered his badge and gun and is on paid administrative duty pending the outcome of his case and an internal investigation, police Commissioner Stuart Bedics said.
Bedics declined to comment on any details surrounding the incident, but said the department was notified within hours of Hoffman's arrest.
Bedics said appropriate discipline will be administered, based on the outcome of the case. That discipline could range from a suspension to termination.
Hoffman is scheduled for a preliminary hearing Feb. 19.
The investigating officer in Hoffman's arrest, Warminster officer Chad Vargo, could not be reached for comment.
James John Hoffman, 28, of Warminster Township was charged Jan. 17 with three counts of drunken driving and careless driving by Warminster police, according to criminal court records.
Hoffman joined Bethlehem police in 2007 and most recently served as a patrol officer.
He surrendered his badge and gun and is on paid administrative duty pending the outcome of his case and an internal investigation, police Commissioner Stuart Bedics said.
Bedics declined to comment on any details surrounding the incident, but said the department was notified within hours of Hoffman's arrest.
Bedics said appropriate discipline will be administered, based on the outcome of the case. That discipline could range from a suspension to termination.
Hoffman is scheduled for a preliminary hearing Feb. 19.
The investigating officer in Hoffman's arrest, Warminster officer Chad Vargo, could not be reached for comment.
Former Officer, Son, and Others Arrested on Drug Charges
A former Burlington police officer, his son, and five additional defendants have been arrested in connection with a large scale drug ring operating out of Burlington,said Middlesex District Attorney Gerry Leone today.
The seven defendants were arrested today after search warrants were executed and nearly 200 grams of cocaine and 28 grams of heroin were seized.
The seven defendants are identified as:
* Michael Reynolds, 26, of Burlington, charged with trafficking heroin over 14 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Kenneth Reynolds, 45, of Burlington, charged with conspiracy to traffic heroin over 28 grams, possession of cocaine with intent to distribute, and use of a firearm in commission of a felony. He was ordered held on $10,000 cash bail.
* William Najjar, 21, of Woburn, was charged with trafficking in cocaine over 100 grams, conspiracy to traffic cocaine over 100 grams, distribution of cocaine (11 counts), use of firearm in commission of a felony, possession of firearm, and, possession of ammunition. He was ordered held on $50,000 cash bail.
* David Medur, 27, of Wakefield, was charged with trafficking heroin over 28 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Matthew Basile, 38, of Stoneham, was charged with possession with intent to distribute heroin and conspiracy to traffic heroin over 28 grams. He was ordered held on $5,000 cash bail, as well as a probation detainer.
* Coleen Cosgrove, 27, of Waltham, was charged with trafficking heroin over 28 grams, trafficking heroin over 14 grams (4 counts), and conspiracy to traffic heroin over 28 grams. She was ordered held on $5,000 cash bail.
* Derek Clemetson, 28, of Woburn, was charged with conspiracy to traffic heroin over 28 grams and possession of an electrical weapon. He was ordered held on $750 cash bail.
Their next court date is March 8 for pre-trial conference.
“These were significant arrests that resulted in today's seizures of guns and a large amount of heroin and cocaine that were being distributed on our streets. We know that heroin specifically has been responsible for a number of overdose deaths, including young people, which we’ve seen in our county in the last year,” Leone said. “Illegal drug trafficking and weapons charges are serious offenses that are often at the root of many additional and violent crimes. These allegations are made all the worse in that a former police officer is alleged to have disgraced the badge that he once wore, and impugned the good reputation of law enforcement personnel everywhere. We will continue to actively investigate and prosecute drug crimes and I want to thank the Woburn Police Department for their cooperative effort in this investigation."
According to authorities, in December 2009, and January and February of this year, Massachusetts State Police troopers assigned to the Middlesex District Attorney’s Office conducted court-authorized wiretap surveillance of several telephone lines that were identified as being used by a large-scale heroin distribution ring operating in Middlesex County. Pursuant to those wiretaps, troopers were able to discover evidence of numerous sales of cocaine and heroin to an apparent large number of customers.
Michael Reynolds was identified as a ringleader of the distribution organization. He was repeatedly intercepted negotiating prices and methods of delivery for heroin and conducting sales of heroin in varying amounts to Matthew Basile, Derek Clemetson and David Medur on numerous occasions.
Michael Reynolds was also identified as a cocaine distributor and was repeatedly intercepted negotiating prices and weights for cocaine. Reynolds made numerous large purchases of cocaine, in quantities consistent with re-distribution, from William Najjar.
During the course of the investigation, Kenneth Reynolds, a former Burlington police officer who retired in 2002, was repeatedly observed driving Michael Reynolds to heroin transactions and was intercepted discussing past and future acts of heroin distribution with Michael Reynolds and others.
On Feb. 10, a search warrant was executed at the Reynolds’ home at 14 Evelyn Road in Burlington. As a result of the search warrant, authorities recovered a firearm, customer lists, and cash money.
During the course of the wire surveillance, Medur was repeatedly intercepted planning and carrying out purchases of large quantities of heroin. On Feb. 10, a search warrant obtained from the Middlesex Superior Court was executed at Medur’s residence at of 31 Melvin St. in Wakefield. Recovered during the search was over 20 grams of heroin, approximately 3.5 grams of cocaine, a firearm, and a variety of prescription pills.
Wire surveillance revealed William Najjar to be a major supplier of cocaine in the Woburn area. He was repeatedly intercepted negotiating sales of cocaine in large quantities to Michael Reynolds, who in turn would repackage and sell the cocaine to generate additional profits. On Feb. 10, a search warrant issued by the Middlesex Superior Court was executed at Najjar’s residence of 31 Waltham St., Woburn. Found during the course of the search was approximately 195 grams of cocaine, a large quantity of U.S. currency, and a firearm.
During the course of the wire surveillance, Derek Clemetson was identified as a heroin and cocaine distributor for the Reynolds Organization. A search warrant obtained from the Middlesex Superior Court was executed at Clemetson’s residence of 9 Middle St., Woburn on Feb. 10. Recovered during the search were numerous small plastic bags consistent with packaging for illegal narcotics and a portable electrical weapon designed to deliver a powerful electric shock.
During the course of the wire surveillance, Basile was identified as a heroin distributor who acquired heroin from the Reynolds organization and re-sold it for profit.
Basile was repeatedly intercepted purchasing heroin from Michael Reynolds and from other sources, often in large quantities that were consistent with redistribution.
Cosgrove was also identified as selling large quantities of heroin to the Reynolds Organization. A search warrant was obtained from the Middlesex Superior Court and was executed at Cosgrove’s residence at 22 Underwood Park in Waltham on Feb. 10. Discovered during the course of the search were numerous controlled substances of Class E.
The investigation continues into the reach and scope of the drug operation and further arrests may be made. The Burlington Police Department has cooperated fully with the investigation.
The Middlesex PACT Unit is a team of prosecutors and Massachusetts State Police assigned to the Middlesex District Attorney’s Office dedicated to the investigation and prosecution of cases of public integrity, anti-terrorism, corruption, technology, and high-level narcotics.
These charges are allegations, and the defendants are presumed innocent until proven guilty.
This case was investigated by State Police assigned to the Middlesex District Attorney's PACT Unit and the Woburn Police Department. The Assistant District Attorneys assigned to this case are David Solet and John Verner, Chief of the MDAO’s PACT Unit.
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Other Information
The seven defendants were arrested today after search warrants were executed and nearly 200 grams of cocaine and 28 grams of heroin were seized.
The seven defendants are identified as:
* Michael Reynolds, 26, of Burlington, charged with trafficking heroin over 14 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Kenneth Reynolds, 45, of Burlington, charged with conspiracy to traffic heroin over 28 grams, possession of cocaine with intent to distribute, and use of a firearm in commission of a felony. He was ordered held on $10,000 cash bail.
* William Najjar, 21, of Woburn, was charged with trafficking in cocaine over 100 grams, conspiracy to traffic cocaine over 100 grams, distribution of cocaine (11 counts), use of firearm in commission of a felony, possession of firearm, and, possession of ammunition. He was ordered held on $50,000 cash bail.
* David Medur, 27, of Wakefield, was charged with trafficking heroin over 28 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Matthew Basile, 38, of Stoneham, was charged with possession with intent to distribute heroin and conspiracy to traffic heroin over 28 grams. He was ordered held on $5,000 cash bail, as well as a probation detainer.
* Coleen Cosgrove, 27, of Waltham, was charged with trafficking heroin over 28 grams, trafficking heroin over 14 grams (4 counts), and conspiracy to traffic heroin over 28 grams. She was ordered held on $5,000 cash bail.
* Derek Clemetson, 28, of Woburn, was charged with conspiracy to traffic heroin over 28 grams and possession of an electrical weapon. He was ordered held on $750 cash bail.
Their next court date is March 8 for pre-trial conference.
“These were significant arrests that resulted in today's seizures of guns and a large amount of heroin and cocaine that were being distributed on our streets. We know that heroin specifically has been responsible for a number of overdose deaths, including young people, which we’ve seen in our county in the last year,” Leone said. “Illegal drug trafficking and weapons charges are serious offenses that are often at the root of many additional and violent crimes. These allegations are made all the worse in that a former police officer is alleged to have disgraced the badge that he once wore, and impugned the good reputation of law enforcement personnel everywhere. We will continue to actively investigate and prosecute drug crimes and I want to thank the Woburn Police Department for their cooperative effort in this investigation."
According to authorities, in December 2009, and January and February of this year, Massachusetts State Police troopers assigned to the Middlesex District Attorney’s Office conducted court-authorized wiretap surveillance of several telephone lines that were identified as being used by a large-scale heroin distribution ring operating in Middlesex County. Pursuant to those wiretaps, troopers were able to discover evidence of numerous sales of cocaine and heroin to an apparent large number of customers.
Michael Reynolds was identified as a ringleader of the distribution organization. He was repeatedly intercepted negotiating prices and methods of delivery for heroin and conducting sales of heroin in varying amounts to Matthew Basile, Derek Clemetson and David Medur on numerous occasions.
Michael Reynolds was also identified as a cocaine distributor and was repeatedly intercepted negotiating prices and weights for cocaine. Reynolds made numerous large purchases of cocaine, in quantities consistent with re-distribution, from William Najjar.
During the course of the investigation, Kenneth Reynolds, a former Burlington police officer who retired in 2002, was repeatedly observed driving Michael Reynolds to heroin transactions and was intercepted discussing past and future acts of heroin distribution with Michael Reynolds and others.
On Feb. 10, a search warrant was executed at the Reynolds’ home at 14 Evelyn Road in Burlington. As a result of the search warrant, authorities recovered a firearm, customer lists, and cash money.
During the course of the wire surveillance, Medur was repeatedly intercepted planning and carrying out purchases of large quantities of heroin. On Feb. 10, a search warrant obtained from the Middlesex Superior Court was executed at Medur’s residence at of 31 Melvin St. in Wakefield. Recovered during the search was over 20 grams of heroin, approximately 3.5 grams of cocaine, a firearm, and a variety of prescription pills.
Wire surveillance revealed William Najjar to be a major supplier of cocaine in the Woburn area. He was repeatedly intercepted negotiating sales of cocaine in large quantities to Michael Reynolds, who in turn would repackage and sell the cocaine to generate additional profits. On Feb. 10, a search warrant issued by the Middlesex Superior Court was executed at Najjar’s residence of 31 Waltham St., Woburn. Found during the course of the search was approximately 195 grams of cocaine, a large quantity of U.S. currency, and a firearm.
During the course of the wire surveillance, Derek Clemetson was identified as a heroin and cocaine distributor for the Reynolds Organization. A search warrant obtained from the Middlesex Superior Court was executed at Clemetson’s residence of 9 Middle St., Woburn on Feb. 10. Recovered during the search were numerous small plastic bags consistent with packaging for illegal narcotics and a portable electrical weapon designed to deliver a powerful electric shock.
During the course of the wire surveillance, Basile was identified as a heroin distributor who acquired heroin from the Reynolds organization and re-sold it for profit.
Basile was repeatedly intercepted purchasing heroin from Michael Reynolds and from other sources, often in large quantities that were consistent with redistribution.
Cosgrove was also identified as selling large quantities of heroin to the Reynolds Organization. A search warrant was obtained from the Middlesex Superior Court and was executed at Cosgrove’s residence at 22 Underwood Park in Waltham on Feb. 10. Discovered during the course of the search were numerous controlled substances of Class E.
The investigation continues into the reach and scope of the drug operation and further arrests may be made. The Burlington Police Department has cooperated fully with the investigation.
The Middlesex PACT Unit is a team of prosecutors and Massachusetts State Police assigned to the Middlesex District Attorney’s Office dedicated to the investigation and prosecution of cases of public integrity, anti-terrorism, corruption, technology, and high-level narcotics.
These charges are allegations, and the defendants are presumed innocent until proven guilty.
This case was investigated by State Police assigned to the Middlesex District Attorney's PACT Unit and the Woburn Police Department. The Assistant District Attorneys assigned to this case are David Solet and John Verner, Chief of the MDAO’s PACT Unit.
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Other Information
Lt Scott Gardner Arrested for Embezzlement
A sworn police officer working for California's Porterville Developmental Center claimed overtime in 2008 for days he was supposed to be on vacation and on occasions that he was out of town, an 18-month Porterville Police Department investigation has revealed.
Lt. Scott Gardner, 37, a resident of Camp Nelson, was arrested Tuesday morning on suspicion of embezzling of public funds.
Porterville resident Jeff Bradley, commander of the state police force at the center — a hospital that, among other tasks, helps to determine whether criminal suspects are mentally competent to stand trial — was arrested on similar charges.
The indictment charges Bradley with being complicit in helping Gardner illicitly receive more than $121,000 during calendar year 2008 by "claiming overtime for hours he had worked when he was not actually working — and being compensated for regular working hours in which he was not at work," Porterville police reported.
Porterville police were involved only because the hospital is within their jurisdiction, officials said.
All information was turned over to the Tulare County District Attorney's Office and a grand jury, which decided to indict Gardner and Bradley.
Neither suspect — booked Tuesday at Tulare County Jail on $60,000 bond each — was immediately available for comment.
The investigation took 18 months and involved analysis of 19,000 documents and the execution of 12 search warrants. It might yet take a wider scope and lead to future arrests, officials reported.
"In an investigation of this size, there's always the possibility of more charges and more arrests," Porterville administrative Sgt. Jake Castellow said.
Nancy Lungren, assistant director of communica-tions for the state Department of Developmental Services in Sacramento — which oversees the Porterville facility and its police force — confirmed that the state office had cooperated with the Porterville Police Department in the investigation but declined to comment further Wednesday.
Gardner claimed overtime for "multiple trips to Las Vegas and [to] various California cities, including the Central Coast," Porterville police reported. The investigation also showed that Gardner:
More Information
Lt. Scott Gardner, 37, a resident of Camp Nelson, was arrested Tuesday morning on suspicion of embezzling of public funds.
Porterville resident Jeff Bradley, commander of the state police force at the center — a hospital that, among other tasks, helps to determine whether criminal suspects are mentally competent to stand trial — was arrested on similar charges.
The indictment charges Bradley with being complicit in helping Gardner illicitly receive more than $121,000 during calendar year 2008 by "claiming overtime for hours he had worked when he was not actually working — and being compensated for regular working hours in which he was not at work," Porterville police reported.
Porterville police were involved only because the hospital is within their jurisdiction, officials said.
All information was turned over to the Tulare County District Attorney's Office and a grand jury, which decided to indict Gardner and Bradley.
Neither suspect — booked Tuesday at Tulare County Jail on $60,000 bond each — was immediately available for comment.
The investigation took 18 months and involved analysis of 19,000 documents and the execution of 12 search warrants. It might yet take a wider scope and lead to future arrests, officials reported.
"In an investigation of this size, there's always the possibility of more charges and more arrests," Porterville administrative Sgt. Jake Castellow said.
Nancy Lungren, assistant director of communica-tions for the state Department of Developmental Services in Sacramento — which oversees the Porterville facility and its police force — confirmed that the state office had cooperated with the Porterville Police Department in the investigation but declined to comment further Wednesday.
Gardner claimed overtime for "multiple trips to Las Vegas and [to] various California cities, including the Central Coast," Porterville police reported. The investigation also showed that Gardner:
More Information
Probation Officer Michael Ayer Charged with Delivering Heroin
A Stoughton man who works as a probation officer for juveniles in Rhode Island was arrested Tuesday afternoon after police say he sold heroin to an undercover officer, the Providence Journal is reporting.
Michael Ayer, 49, of 46 Frank Road, faces two counts of delivering heroin to a police officer. He was scheduled to be arraigned in Kent County District Court on Wednesday.
The Providence Journal is reporting that Ayer was arrested around 2 p.m. Tuesday. Rhode Island police say he was driving a state-registered vehicle and using his state cell phone to sell drugs.
The State Police High Intensity Drug Trafficking Area Task Force began the undercover operation last month, acting on a tip from an informant.
Ayers has been a probation officer with the state Department of Children, Youth and Families for 14 years, the newspaper reported. Police said there is no indication that Ayers sold drugs to anyone he was supervising.
Michael Ayer, 49, of 46 Frank Road, faces two counts of delivering heroin to a police officer. He was scheduled to be arraigned in Kent County District Court on Wednesday.
The Providence Journal is reporting that Ayer was arrested around 2 p.m. Tuesday. Rhode Island police say he was driving a state-registered vehicle and using his state cell phone to sell drugs.
The State Police High Intensity Drug Trafficking Area Task Force began the undercover operation last month, acting on a tip from an informant.
Ayers has been a probation officer with the state Department of Children, Youth and Families for 14 years, the newspaper reported. Police said there is no indication that Ayers sold drugs to anyone he was supervising.
A Rutland City police officer is under investigation after evidence of child pornography was found on his work computers. A 31-page warrant and accompanying affidavit released Tuesday revealed that information but not the identity of the officer, whose name was redacted at least temporarily by order of a Rutland District Court judge.
Less than a week after The Rutland Herald asked for the warrant, which was executed at the city police department in September, Judge Thomas Zonay followed through Tuesday with his order to make the contents public while withholding the officer's name to consider a pending motion that his identity be permanently sealed.
What Zonay did release revealed a state police investigation overseen by the Attorney General's office which began in August, after technicians working on a laptop issued to the unidentified officer found images of what appeared to be child pornography.
The officer told computer technicians in the department that he was searching online for information about hidden cameras and police videos when pornographic images began "popping up" on the machine, which stopped working altogether soon thereafter, according to state police Detective Sgt. Jason Letourneau. The officer under investigation told police the incident occurred while he was on duty.
Further analysis of the computer revealed 150 possible images of child pornography, Letourneau wrote, which were all added to the computer in a 13-minute time span on July 23. The detective said he also found more than 100 pornographic files of adult subjects.
In a search of the officer's desktop computer, investigators found more cause for concern, including files created for a media player that seem to refer to children's ages through characters such as Y11 YRLD and Y11 next to sexually explicit labels.
In an interview with state police, the city officer under investigation at first said he was simply researching clip-on video cameras for use in the field when pornographic images began swamping his computer.
But Letourneau said he and another investigator didn't believe that account.
"We further explained that the evidence collected during the examination of the computer clearly reveals that he visited pornographic Web sites, that they did not just pop up on his screen," he wrote. "(The officer) then told us that he may have clicked on a few adult pornographic Web sites not knowing they were pornographic Web sites. We again explained that the titles of the Web sites he visited were clearly pornographic by the titles alone."
Letourneau wrote that the officer eventually admitted to purposely visiting the pornographic sites, but he told investigators the visits were for research into the clip-on cameras he was seeking — not to view pornographic material.
"He said he visited the pornographic Web site to see what type of cameras they used," the detective wrote. "He later advised he also wanted to see what angle the cameras were used and the quality of the images/videos."
A search warrant executed at the department on Sept. 22 seized evidence from the officer's desk, locker and other belongings at the department.
Among other things, police seized a rack of 20 pornographic DVDs, four VHS tapes listed with pornographic titles, three DVDs identified as "teen porn" and a DVD titled "midget porn."
Since the warrant was executed no charges have been brought, but Assistant Attorney General John Treadwell said Tuesday the criminal investigation is continuing.
Treadwell argued last week against the Herald's request to unseal the search warrant, which was closed to the public upon its return to Orleans District Court on Sept. 29.
In the information released by the court on Tuesday, Zonay said Treadwell argued in a written motion and in a closed-door hearing on Feb. 3 that releasing the contents of the warrant would jeopardize the criminal investigation.
"The state asserted that the investigation is ongoing and that investigators have continued to interview individuals with knowledge of the matter as well as to investigate the suspect's home Internet use," Zonay wrote. "(Treadwell) further sets forth that the state has attempted to obtain probable cause to obtain additional warrants. It also asserts the investigators wish to again speak with the suspect concerning the findings they made since they last spoke with him and that any disclosure of certain information in the warrant records would impede the investigation."
In particular, the judge wrote that investigators want to locate a removable media component — such as a disc or memory stick — used on the officer's computer, which is one of the missing links in the investigation.
While the judge found no harm in releasing the documents, Zonay decided Tuesday to withhold the officer's name and identifying information until he had a chance to consider arguments made by Rutland attorney Matthew Harnett, who argued in court that his client — the officer under investigation who was identified during the hearing as "John Doe" — would suffer irreparable harm if his name was included.
"The subject matter itself is dynamite — the most stigmatizing of all types of charges. Once published, his reputation would be ruined," Harnett said, adding that his client has not been charged with a crime.
But the Herald's attorney, Robert Hemley of Gravel & Shea in Burlington, said the public interest in a transparent government and judicial system outweighed the privacy interests of John Doe.
"The public has a big interest in knowing what the operations of the police are," he said. "How are we to monitor the operations of the government? We need the press to inform us about both sides."
Zonay said he would issue a decision after considering the arguments.
Less than a week after The Rutland Herald asked for the warrant, which was executed at the city police department in September, Judge Thomas Zonay followed through Tuesday with his order to make the contents public while withholding the officer's name to consider a pending motion that his identity be permanently sealed.
What Zonay did release revealed a state police investigation overseen by the Attorney General's office which began in August, after technicians working on a laptop issued to the unidentified officer found images of what appeared to be child pornography.
The officer told computer technicians in the department that he was searching online for information about hidden cameras and police videos when pornographic images began "popping up" on the machine, which stopped working altogether soon thereafter, according to state police Detective Sgt. Jason Letourneau. The officer under investigation told police the incident occurred while he was on duty.
Further analysis of the computer revealed 150 possible images of child pornography, Letourneau wrote, which were all added to the computer in a 13-minute time span on July 23. The detective said he also found more than 100 pornographic files of adult subjects.
In a search of the officer's desktop computer, investigators found more cause for concern, including files created for a media player that seem to refer to children's ages through characters such as Y11 YRLD and Y11 next to sexually explicit labels.
In an interview with state police, the city officer under investigation at first said he was simply researching clip-on video cameras for use in the field when pornographic images began swamping his computer.
But Letourneau said he and another investigator didn't believe that account.
"We further explained that the evidence collected during the examination of the computer clearly reveals that he visited pornographic Web sites, that they did not just pop up on his screen," he wrote. "(The officer) then told us that he may have clicked on a few adult pornographic Web sites not knowing they were pornographic Web sites. We again explained that the titles of the Web sites he visited were clearly pornographic by the titles alone."
Letourneau wrote that the officer eventually admitted to purposely visiting the pornographic sites, but he told investigators the visits were for research into the clip-on cameras he was seeking — not to view pornographic material.
"He said he visited the pornographic Web site to see what type of cameras they used," the detective wrote. "He later advised he also wanted to see what angle the cameras were used and the quality of the images/videos."
A search warrant executed at the department on Sept. 22 seized evidence from the officer's desk, locker and other belongings at the department.
Among other things, police seized a rack of 20 pornographic DVDs, four VHS tapes listed with pornographic titles, three DVDs identified as "teen porn" and a DVD titled "midget porn."
Since the warrant was executed no charges have been brought, but Assistant Attorney General John Treadwell said Tuesday the criminal investigation is continuing.
Treadwell argued last week against the Herald's request to unseal the search warrant, which was closed to the public upon its return to Orleans District Court on Sept. 29.
In the information released by the court on Tuesday, Zonay said Treadwell argued in a written motion and in a closed-door hearing on Feb. 3 that releasing the contents of the warrant would jeopardize the criminal investigation.
"The state asserted that the investigation is ongoing and that investigators have continued to interview individuals with knowledge of the matter as well as to investigate the suspect's home Internet use," Zonay wrote. "(Treadwell) further sets forth that the state has attempted to obtain probable cause to obtain additional warrants. It also asserts the investigators wish to again speak with the suspect concerning the findings they made since they last spoke with him and that any disclosure of certain information in the warrant records would impede the investigation."
In particular, the judge wrote that investigators want to locate a removable media component — such as a disc or memory stick — used on the officer's computer, which is one of the missing links in the investigation.
While the judge found no harm in releasing the documents, Zonay decided Tuesday to withhold the officer's name and identifying information until he had a chance to consider arguments made by Rutland attorney Matthew Harnett, who argued in court that his client — the officer under investigation who was identified during the hearing as "John Doe" — would suffer irreparable harm if his name was included.
"The subject matter itself is dynamite — the most stigmatizing of all types of charges. Once published, his reputation would be ruined," Harnett said, adding that his client has not been charged with a crime.
But the Herald's attorney, Robert Hemley of Gravel & Shea in Burlington, said the public interest in a transparent government and judicial system outweighed the privacy interests of John Doe.
"The public has a big interest in knowing what the operations of the police are," he said. "How are we to monitor the operations of the government? We need the press to inform us about both sides."
Zonay said he would issue a decision after considering the arguments.
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