Corporate Crime
Serious Misconduct by Prosecutors a Recurring Problem
The New York Law Journal by Howard W. Goldstein - May 07, 2009
At least once in his or her career, and usually more often, every criminal defense lawyer is asked some variant of the question "How can you represent those people?" There are many deeply personal answers to this question, but one constant theme of the answers (aside from a reminder that some of "those people" are, in fact, innocent) is the importance to our criminal justice system and to the protection of our basic liberties of putting the prosecution to the test of proving its case in the face of a vigorous defense. Indeed, as a nation we are historically allergic to the exercise of unchallenged power. On occasion, the product of a vigorous defense is the exposure of a malfunction in the system so obvious that the resulting judgment in favor of the defendant is accepted without the otherwise too frequent and too unfortunate cries that the defendant "beat the rap." The recent case of former Alaska Senator Ted Stevens was such a case. But much as we would hope the Stevens case was an aberration, it is not. Rather, it is only another recent manifestation of what the judge in the Stevens case characterized as a "troubling tendency."
The Legal and Ethical Basics
The basic legal and ethical obligations violated by prosecutors in the recent cases discussed below are well established and clear. In Brady v. Maryland,1 the Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution."2 In Giglio v. United States, the Court made clear that exculpatory evidence included impeachment material, in that case a non-prosecution promise to a testifying co-conspirator.3 These legal obligations are also ethical obligations, violations of which can subject a prosecutor to professional discipline. ABA Model Rule of Professional Conduct 3.8, adopted in substance in New York, specifically provides that the prosecution in a criminal case shall: make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.4 These legal and ethical obligations are rooted in the prosecutor's role and responsibility in the criminal justice system. As described by the Court in Brady, Society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly. An inscription on the walls of the Department of Justice states the proposition candidly for the federal domain: "The United States wins its point whenever justice is done its citizens in the courts."5
Or, as explained by Justice Sutherland in these oft-quoted words: The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor - indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.6
The Stevens Case
These legal and ethical obligations were repeatedly violated in the recent case of former Alaska Senator Ted Stevens. In October 2008, Senator Stevens was convicted after a five-week trial of charges that he had failed to list on Senate disclosure forms approximately $250,000 worth of goods and services he received. During the trial, government prosecutors were repeatedly forced to admit that they had failed to turn over information to the defense.7 At least twice during the trial, the Court instructed the jury to ignore evidence the prosecution introduced.8 The government was also chastised for allowing a witness to leave town without informing the judge or the defense and for introducing evidence it knew was not accurate.9 After the trial, an FBI agent sought whistleblower protection and filed a 10-page affidavit in which he made allegations of misconduct he had witnessed both by prosecutors and by fellow FBI agents, including allegations that evidence had been willfully withheld from the defense.10
On Feb. 3, 2009, shortly after taking office, Attorney General Eric Holder replaced the prosecutors on the case with a new team.11 Later in February, Judge Sullivan held three of the prosecutors (including the chief and the deputy chief of the Public Integrity Section of the Justice Department) in contempt for failing to comply with the Court's orders relating to the production of documents. On April 1, the newly-appointed prosecution team filed a motion to set aside the verdict and to dismiss the indictment with prejudice. The team had discovered prosecutors' notes from an April 2008 interview of a key prosecution witness that contradicted his trial testimony and had never been produced to the defense.
On April 7, 2009, Judge Sullivan granted the motion to set aside the verdict and dismissed the indictment with prejudice. In delivering his decision from the bench, Judge Sullivan called the prosecutors' conduct the most serious he had seen in almost 25 years on the bench and characterized the conduct as part of a "troubling tendency" of prosecutors to stretch the boundaries of ethical restrictions and withhold evidence from defendants.12 Stating that he had no faith in the Justice Department's Office of Professional Responsibility, he appointed an outside attorney to investigate six of the prosecutors, including both the chief and the deputy chief of the Public Integrity Section, for possible criminal contempt charges.13
The Shaygan Case
Dr. Ali Shaygan, a physician in Florida, was charged with 141 counts of unlawfully prescribing medication after one of his patients died from an overdose.14 Midway through trial, during cross-examination, a government witness disclosed for the first time that he had secretly recorded conversations with the defense team with the prosecution's authorization. The prosecution then disclosed that another witness had also recorded conversations - both sets of tapings being done as part of a purported witness tampering inquiry. Neither witness had been presented to the jury as cooperating with the prosecution.15
Dr. Shaygan was acquitted. Thereafter, his lawyer sought attorney's fees and costs under the Hyde Amendment, and the court held a two-day hearing on alleged prosecutorial misconduct, including the undisclosed recordings and violations of Brady, Giglio, and the Jencks Act.16 At the conclusion of the hearing, the court issued a 50-page order criticizing, in the strongest terms, the government's handling of the case. The court granted the defendant full relief for all fees and costs from the time the superseding indictment was filed, which is when the court concluded the prosecution had first taken a position in bad faith. The prosecutors' conduct was described as the product of "the prosecutors' moral obliquity and egregious departures from the ethical standards to which prosecutors are held."17 The order is remarkable for its repeated findings of actions taken in bad faith, repeated rejections of the prosecution's testimony as not credible, and conclusion that the collateral witness tampering investigation was the product of the prosecution's personal animus for the defense lawyers.18
In addition to the Hyde Amendment sanctions, the court, among other steps, entered a public reprimand of the United States Attorney's Office and three prosecutors specifically, indicated that it would refer the matter to the relevant disciplinary authorities, and ordered the United States Attorney's Office to report to the Court the result of the inquiry being conducted by the Justice Department Office of Professional Responsibility.19
The Judge Wolf Cases
In United States v. Jones,20 Chief Judge Mark Wolf of the U.S. District Court for the District of Massachusetts denied the defendant's suppression motion, but only after first rejecting the government's justification for the seizure "because of repeated government misconduct that, if not discovered, might have frustrated the court's ability to find the facts reliably and might have deprived Jones of his right to due process."21 In Jones, the government's arguments to sustain the seizure depended on the testimony of a Boston police officer, who claimed that he knew and recognized the defendant riding a bicycle away from the police after first making eye contact with the officer. In advance of the suppression hearing, this claim was made by the government in its written submission, orally, and in an affidavit by the officer. At the hearing, the police officer reportedly testified to that effect.
At the beginning of the hearing, the prosecution told the court that all exculpatory material had been disclosed. After the officer's testimony, the prosecutor repeated that claim, but at the court's urging to be sure, she provided her notes to the court "out of an abundance of caution."22 The notes disclosed that the officer in fact had told the prosecution several times that he did not recognize the man when he was on the bicycle. On Jan. 21, 2009, in a 42-page memorandum denying the defendant's motion on other grounds, the court ordered the government, among other things, to show cause why the prosecutor should not be sanctioned.23 After receiving the government's response, Judge Wolf scheduled a hearing to consider whether to order the prosecutor to reimburse the court for some of the time spent by the defendant's appointed counsel and to attend a court-organized program on disclosure obligations involving judges, defense lawyers, and prosecutors.24 This was not Judge Wolf's first experience with prosecutorial misconduct in his district. An attachment to the January Memorandum listed eight major cases before Judge Wolf in which prosecutors had withheld important evidence.25 In one of those cases, Ferrara v. United States, a defendant who pleaded guilty in an organized crime case was resentenced to time served after it was discovered that the lead prosecutor had withheld evidence that directly negated the defendant's guilt on charges that he had directed a murder.26 Incredibly, in appealing Judge Wolf's order resentencing the defendant to time served, the government maintained that the withheld evidence was not material, even after the Justice Department's Office of Professional Responsibility concluded in an internal report that the evidence was exculpatory and should have been produced.27
Conclusion
The cases discussed above are only a few examples of recent cases involving serious prosecutorial misconduct. Space limitations preclude discussing additional cases, but interested readers can look at cases cited in the accompanying footnotes for further examples, including one in which the prosecutor attempted to excuse his failure to investigate and disclose indications that his main witness was lying by asserting that he was too busy preparing for trial (the witness did not testify and was ultimately prosecuted for lying to the prosecutors),28 and another characterized by the Ninth Circuit as "prosecutorial misconduct in its highest form."29 This article is not meant to be a condemnation of prosecutors, most of whom are accomplished and dedicated public servants who conduct themselves with a high degree of professionalism. But the fact remains that, for whatever reason, prosecutorial misconduct is a recurring problem.30 And it is also a fact that these ethical and legal lapses frequently would go undetected, to the detriment of the defendants' most basic rights, but for the defense lawyers' dedication to the protection of those rights. So, "how can you represent those people?" The answer is clear. "Eternal vigilance is the price of liberty."31
Howard W. Goldstein is a partner at Fried, Frank, Harris, Shriver & Jacobson. Megan Whyte, an associate at the firm, assisted in the preparation of this article.
1. Brady v. Maryland, 373 U.S. 83 (1963).
2. Id. at 87.
3. Giglio v. United States, 405 U.S. 150 (1972).
4. Model Rules of Prof'l Conduct R. 3.8(d) (2008); see N.Y. Rules of Prof'l Conduct R. 3.8(b) (2009).
5. Brady, n.1 supra, at 87.
6. Berger v. United States, 295 U.S. 78, 88 (1935). See also Standards for Criminal Justice: Prosecution Function & Def. Function 3-3.11 cmt. (3d ed. 1993) ("A prosecutor has the responsibility of a minister of justice and not simply that of an advocate"); United States Attorneys' Manual, Title 9, §9-5.001 (October 2006) (setting forth policy "with respect to the government's obligation both to disclose exculpatory and impeachment information to criminal defendants and to seek a just result in every case").
7. Neil A. Lewis, "Tables Turned on Prosecution in Stevens Case," N.Y. Times, April 8, 2009, at A1.
8. Del Quentin Wilber, "Judge Tosses Out Stevens Conviction," Wash. Post, April 7, 2009.
9. Del Quentin Wilber, "Judge Orders Probe of Attorneys in Stevens Case," Wash. Post, April 8, 2009, at A01.
10. Redacted Complaint, United States v. Stevens, No. 08 Cr. 231 (D.D.C. Jan. 14, 2009).
11. Neil A. Lewis & David Johnston, "Dismayed Lawyers Lay Out Reasons for Collapse of the Stevens Conviction," N.Y. Times, April 7, 2009, at A20.
12. Neil A. Lewis, "Tables Turned on Prosecution in Stevens Case," N.Y. Times, April 8, 2009, at A1.
13. Wilber, "Judge Orders Probe of Attorneys in Stevens Case," n. 9 supra.
14. Martha Neil, "Federal Judge Sanctions US $600K for Secretly Taping Defense Lawyer," ABA J., April 9, 2009.
15. Jay Weaver, "Prosecutors Accused of Misconduct," Miami Herald, March 3, 2009, at B3.
16. Vanessa Blum, "Judge Might Penalize Prosecutors in Failed Drug Case," Sun-Sentinel, March 21, 2009, at 9B.
17. Order on Defendant's Motion for Sanctions Under Hyde Amendment at 41-42, United States v. Shaygan, No. 08 Cr. 20112 (S.D. Fla. April 9, 2009).
18. See id. at 6-27, 29.
19. Id. at 49-50.
20. United States v. Jones, No. 07 Cr. 10289, 2009 WL 151587 (D. Mass. Jan. 21, 2009).
21. Id. at *1.
22. Id. at *4.
23. Id. at *6.
24. United States v. Jones, No. 07 Cr. 10289, 2009 WL 1111210, at *1 (D. Mass. April 27, 2009).
25. Jones, n. 20 supra, 2009 WL 151587, at *17-18.
26. Ferrara v. United States, 384 F. Supp. 2d 384 (D. Mass. 2005), aff'd 456 F. 3f 278 (1st Cir. 2006); Ferrara v. United States, 372 F. Supp. 2d 108 (D. Mass. 2005).
27. Adam Liptak, "Federal Judge Files Complaint Against Prosecutor in Boston," N.Y. Times, July 3, 2007, at A11.
28. United States v. Quinn, 537 F. Supp. 2d 99, 111 (D.D.C. 2008).
29. United States v. Chapman, 524 F.3d 1073, 1090 (9th Cir. 2008).
30. See, e.g., Duff Wilson & David Barstow, "Duke Prosecutor Throws Out Case Against Players," N.Y. Times, April 12, 2007, at A1 (North Carolina Attorney General stated that three Duke University lacrosse players had been wrongly accused by a "rogue prosecutor"; "We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations"); Duff Wilson, "Prosecutor in Duke Case Disbarred by Ethics Panel," N.Y. Times, June 17, 2007, at 1 (North Carolina state ethics panel disbarred Durham's district attorney in light of his dishonesty and deceitfulness toward the court and defense counsel); Aaron Beard, Associated Press, "Ex-Duke Lacrosse Prosecutor Leaves Jail," Sept. 8, 2007 (district attorney served 24-hour jail sentence for criminal contempt for lying to court).
31 Wendell Phillips, Speech at the Melodeon (Jan. 28, 1852), in Speeches Before the Massachusetts Anti-Slavery Society, January 1852, at 13 (1852).
Thursday, June 25, 2009
Wednesday, June 24, 2009
Judge Delays Decision on Ending U.S. Oversight of LAPD
Judge delays decision on ending U.S. oversight of LAPD
Attorneys for the LAPD and the U.S. Department of Justice propose that the consent decree be terminated in favor of a 'transition agreement.' ACLU asks judge to keep the decree in place.
The Los Angeles Times by Joel Rubin - June 16, 2009
A judge Monday postponed deciding whether to free the Los Angeles Police Department from years of federal oversight. More than eight years ago, following the Rampart corruption scandal, the LAPD was forced by the U.S. Department of Justice to agree to a sweeping set of reforms aimed at improving officers' behavior and the department's ability to maintain order in its own house. In 2007, U.S. District Judge Gary A. Feess, who oversees the department's reforms, angrily rejected the idea that the LAPD was ready to police itself and added three more years to the life of the so-called consent decree. Now, with nearly all of the dozens of reforms in place and police leaders eager to move beyond the stigma of federal oversight, the LAPD was once again seeking an end to the decree. Attorneys for the LAPD and the U.S. Department of Justice jointly submitted a proposal to Feess asking that the consent decree be terminated in favor of a "transition agreement." Under the proposal, the Police Commission, the civilian panel that oversees the LAPD, would assume responsibility from federal monitors for ensuring that the LAPD would follow through on the remaining reforms.
Among the unresolved issues is the department's ongoing effort to strengthen its stance against racial profiling by officers. And it still must demonstrate the functionality of a computer system that tracks police behavior and a policy that requires some officers to disclose personal financial information. In a lengthy morning hearing, Feess acknowledged that the LAPD had come a long way, but he refused to go along with the plan. He expressed doubt about doing away with the current decree and putting in place a new agreement that, he said, was too vague. The proposal, he said, left his authority over the department uncertain and did not make clear whether outside groups such as the American Civil Liberties Union would continue to have a say in the unresolved issues. Feess gave the attorneys a week to submit written responses to his concerns. Attorneys for the ACLU of Southern California criticized the transition agreement, saying that it inadequately addressed unfinished reforms. They asked Feess to keep the consent decree in place. When asked by Feess for his comments, federal monitor Michael Cherkasky said he believed that the push to end the decree stemmed from the negative "symbolic nature" of the agreement. The idea of continuing the consent decree, he said, has pushed the LAPD to a "psychological breaking point." That idea seemed to hold little sway with Feess. "I don't know there is anything anyone can say about that," Feess said. Police Chief William J. Bratton has made no secret of his desire to be done with decree, saying that the continued oversight hurts officers' morale. After the hearing, Bratton reiterated that idea. "It is time to move on," he said. joel.rubin@latimes.com
Attorneys for the LAPD and the U.S. Department of Justice propose that the consent decree be terminated in favor of a 'transition agreement.' ACLU asks judge to keep the decree in place.
The Los Angeles Times by Joel Rubin - June 16, 2009
A judge Monday postponed deciding whether to free the Los Angeles Police Department from years of federal oversight. More than eight years ago, following the Rampart corruption scandal, the LAPD was forced by the U.S. Department of Justice to agree to a sweeping set of reforms aimed at improving officers' behavior and the department's ability to maintain order in its own house. In 2007, U.S. District Judge Gary A. Feess, who oversees the department's reforms, angrily rejected the idea that the LAPD was ready to police itself and added three more years to the life of the so-called consent decree. Now, with nearly all of the dozens of reforms in place and police leaders eager to move beyond the stigma of federal oversight, the LAPD was once again seeking an end to the decree. Attorneys for the LAPD and the U.S. Department of Justice jointly submitted a proposal to Feess asking that the consent decree be terminated in favor of a "transition agreement." Under the proposal, the Police Commission, the civilian panel that oversees the LAPD, would assume responsibility from federal monitors for ensuring that the LAPD would follow through on the remaining reforms.
Among the unresolved issues is the department's ongoing effort to strengthen its stance against racial profiling by officers. And it still must demonstrate the functionality of a computer system that tracks police behavior and a policy that requires some officers to disclose personal financial information. In a lengthy morning hearing, Feess acknowledged that the LAPD had come a long way, but he refused to go along with the plan. He expressed doubt about doing away with the current decree and putting in place a new agreement that, he said, was too vague. The proposal, he said, left his authority over the department uncertain and did not make clear whether outside groups such as the American Civil Liberties Union would continue to have a say in the unresolved issues. Feess gave the attorneys a week to submit written responses to his concerns. Attorneys for the ACLU of Southern California criticized the transition agreement, saying that it inadequately addressed unfinished reforms. They asked Feess to keep the consent decree in place. When asked by Feess for his comments, federal monitor Michael Cherkasky said he believed that the push to end the decree stemmed from the negative "symbolic nature" of the agreement. The idea of continuing the consent decree, he said, has pushed the LAPD to a "psychological breaking point." That idea seemed to hold little sway with Feess. "I don't know there is anything anyone can say about that," Feess said. Police Chief William J. Bratton has made no secret of his desire to be done with decree, saying that the continued oversight hurts officers' morale. After the hearing, Bratton reiterated that idea. "It is time to move on," he said. joel.rubin@latimes.com
Tuesday, June 23, 2009
Freedom March For The Wrongly Convicted in NYC on June 27th
NATIONAL FREEDOM MARCH FOR THE WRONGLY CONVICTED
NEW YORK— An estimated 10% of all prisoners in the U.S. have been wrongfully convicted. According to a recent report released by the Pew Center on the States, the U.S. correctional population -- those in jail, prison, on probation or on parole -- totaled 7.3 million, or 1 in every 31 adults. This means that up to 730,000 people in the correctional population may have been wrongfully convicted. In the last 3 decades 238 Americans have been exonerated with DNA evidence after spending an average of 12 years incarcerated. The severity of this problem has begun to be recognized in New York and other states. The New York Bar Association earlier this year released their Final Report of the New York State Bar Association’s Task Force on Wrongful Convictions. Also in April, Jonathan Lippman, the chief judge of New York’s Court of Appeals, said he is creating a permanent task force to examine wrongful convictions and recommend ways to minimize them. In order to raise public awareness of a national problem that has become a national shame, a National Freedom March for the Wrongfully Convicted is being held simultaneously in many states on June 27th. The New York march will be held in New York City on June 27th starting on the Steps of City Hall from 10:00 to 11:00, to follow with a march to Foley Square Park where there will be speakers and informational materials from 11:00 to 2:00. Speakers at the March will include Jeffrey Deskovic, Richard Aborn, Colleen Eren and representatives from the Campaign to End the Death Penalty and the ACLU.
Jeffrey Deskovic served 16 years in prison for a murder he did not commit and is now working to bring about reforms which will help reduce the number of wrongful convictions. Mr. Deskovic’s speech will provide insights into the devastation a wrongful conviction can cause to the innocent and their families as well as the need for systematic reform to help reduce these injustices. Another aspect will be the role that judges play in perpetuating wrongful convictions by putting procedure over innocence, rubber stamp denying appeals, and generally looking for any and every means possible to affirm convictions no matter what the facts are or the quality of the legal arguments which are based upon the fairness of trials.
Richard Aborn is a candidate for Manhattan district attorney. He was a member of the NYS Bar Association Task Force on Wrongful Convictions and a leader in helping pass a new state law calling for expanded use of DNA to fight crime and quickly exonerate the innocent. He has also long pressed for overturning the draconian Rockefeller Drug Laws, and has been a firm and consistent opponent of the death penalty. Colleen Eren is Organizing Director with New Yorkers for Alternatives to the Death Penalty (NYADP) and a doctoral candidate in Sociology at the CUNY Graduate Center. She became involved in the abolitionist movement at the age of 16, after starting a chapter of Amnesty international in her high school. She has served on Amnesty's National Steering Committee for the Program to Abolish the Death Penalty, and has been with NYADP five years. She has taught undergraduate Sociology courses at Hofstra University, Queens College and Hunter College. Please join us at this worthwhile event. More information on the National Freedom March for the Wrongfully Convicted at www.freedommarchusa.org
NEW YORK— An estimated 10% of all prisoners in the U.S. have been wrongfully convicted. According to a recent report released by the Pew Center on the States, the U.S. correctional population -- those in jail, prison, on probation or on parole -- totaled 7.3 million, or 1 in every 31 adults. This means that up to 730,000 people in the correctional population may have been wrongfully convicted. In the last 3 decades 238 Americans have been exonerated with DNA evidence after spending an average of 12 years incarcerated. The severity of this problem has begun to be recognized in New York and other states. The New York Bar Association earlier this year released their Final Report of the New York State Bar Association’s Task Force on Wrongful Convictions. Also in April, Jonathan Lippman, the chief judge of New York’s Court of Appeals, said he is creating a permanent task force to examine wrongful convictions and recommend ways to minimize them. In order to raise public awareness of a national problem that has become a national shame, a National Freedom March for the Wrongfully Convicted is being held simultaneously in many states on June 27th. The New York march will be held in New York City on June 27th starting on the Steps of City Hall from 10:00 to 11:00, to follow with a march to Foley Square Park where there will be speakers and informational materials from 11:00 to 2:00. Speakers at the March will include Jeffrey Deskovic, Richard Aborn, Colleen Eren and representatives from the Campaign to End the Death Penalty and the ACLU.
Jeffrey Deskovic served 16 years in prison for a murder he did not commit and is now working to bring about reforms which will help reduce the number of wrongful convictions. Mr. Deskovic’s speech will provide insights into the devastation a wrongful conviction can cause to the innocent and their families as well as the need for systematic reform to help reduce these injustices. Another aspect will be the role that judges play in perpetuating wrongful convictions by putting procedure over innocence, rubber stamp denying appeals, and generally looking for any and every means possible to affirm convictions no matter what the facts are or the quality of the legal arguments which are based upon the fairness of trials.
Richard Aborn is a candidate for Manhattan district attorney. He was a member of the NYS Bar Association Task Force on Wrongful Convictions and a leader in helping pass a new state law calling for expanded use of DNA to fight crime and quickly exonerate the innocent. He has also long pressed for overturning the draconian Rockefeller Drug Laws, and has been a firm and consistent opponent of the death penalty. Colleen Eren is Organizing Director with New Yorkers for Alternatives to the Death Penalty (NYADP) and a doctoral candidate in Sociology at the CUNY Graduate Center. She became involved in the abolitionist movement at the age of 16, after starting a chapter of Amnesty international in her high school. She has served on Amnesty's National Steering Committee for the Program to Abolish the Death Penalty, and has been with NYADP five years. She has taught undergraduate Sociology courses at Hofstra University, Queens College and Hunter College. Please join us at this worthwhile event. More information on the National Freedom March for the Wrongfully Convicted at www.freedommarchusa.org
Monitor Cites Reform, Though Incomplete, by Los Angeles Police
Monitor Cites Reform, Though Incomplete, by Los Angeles Police
The New York Times by SOLOMON MOORE - June 16, 2009
LOS ANGELES, CA — The Police Department here has taken significant steps to root out corruption and reduce brutality and racially biased arrests, but it must still do more to eliminate racial disparities in police searches and the use of force, a court-appointed monitor testified on Monday. The department agreed to sweeping reforms in 2001 after the Justice Department found a pattern of police misconduct over a decade that included the videotaped beating of Rodney G. King in 1991 and the Rampart corruption scandal, which involved police officers’ stealing illegal drugs, framing gang members and committing extortion. Federal authorities also determined that the department had engaged in a pattern of excessive force, false arrests and unreasonable searches, especially of members of minorities, because of poor training and insufficient protocols. Supervision of the court-mandated reforms was set to expire Tuesday. At a hearing in federal court, Michael Cherkasky, who has been the monitor of the Police Department for eight years, said more time was needed. Mr. Cherkasky and lawyers for the civil rights division of the Justice Department told Judge Gary A. Feess that oversight should continue for three years, but with the Police Department dealing directly with the court instead of a federal monitor. Nonetheless, Mr. Cherkasky told the court that the department had progressed enough to warrant shifting more authority from federal oversight to the department’s internal monitors.
The American Civil Liberties Union and other critics of the department disputed the idea that the police were ready to institute reforms without the impetus of federal monitoring and urged Judge Feess to extend the consent decree. The judge acknowledged the department’s success in reducing crime and abuses, and he extended the consent decree for two weeks to review arguments on ending federal monitoring. Mr. Cherkasky urged the court to put in place a three-year transitional agreement that would end federal monitoring if the department reduced racial bias in searches and arrests, instituted a financial disclosure policy for certain kinds of investigators and created a better system to gauge problem officers by tracking complaints against them and use of force. “We’re saying these things need to be resolved before we can say that there has been substantial compliance,” he said. “If they do these things, we don’t have a problem with a transitional agreement.”
Under the transitional agreement, Mr. Cherkasky said, he would end his monitoring and the court would directly oversee final reforms by the department. Mr. Cherkasky said that although the Police Department had more work to do, it was “psychologically” important for the court to acknowledge the progress it had made. He said a decision to phase out federal monitoring in Los Angeles could be an encouraging sign to other departments that compliance with court-mandated reforms would eventually end well for agencies that cooperated. Chief William J. Bratton has complained that the consent decree is expensive and unnecessary since the Police Commission and the office of inspector general can fulfill the watchdog function. But Mark Rosenbaum, a lawyer with the A.C.L.U., said Judge Feess should extend federal monitoring until the department ended racially biased policing practices. Mr. Rosenbaum cited recent department statistics that showed officers had used force against African-Americans and Latinos more frequently than against whites. He also said statistics showed that African-Americans were searched by the Los Angeles police more frequently than whites, even though officers were less likely to find evidence of a crime when they searched blacks. “This is still a police force where, unfortunately, race still matters when deciding to frisk or arrest, even when there is no evidence of criminal conduct,” Mr. Rosenbaum said in an interview. Erwin Chemerinsky, a law professor at the University of California, Irvine, and an expert on policing, agreed that the department had made strides since the inception of the consent decree. But Mr. Chemerinsky said it was premature to end the federal court’s role. “If L.A.P.D. has the capacity to make the necessary reforms, the consent decree is at worst unnecessary and redundant,” he said. “At best, it is essential. Why take the chance?”
The New York Times by SOLOMON MOORE - June 16, 2009
LOS ANGELES, CA — The Police Department here has taken significant steps to root out corruption and reduce brutality and racially biased arrests, but it must still do more to eliminate racial disparities in police searches and the use of force, a court-appointed monitor testified on Monday. The department agreed to sweeping reforms in 2001 after the Justice Department found a pattern of police misconduct over a decade that included the videotaped beating of Rodney G. King in 1991 and the Rampart corruption scandal, which involved police officers’ stealing illegal drugs, framing gang members and committing extortion. Federal authorities also determined that the department had engaged in a pattern of excessive force, false arrests and unreasonable searches, especially of members of minorities, because of poor training and insufficient protocols. Supervision of the court-mandated reforms was set to expire Tuesday. At a hearing in federal court, Michael Cherkasky, who has been the monitor of the Police Department for eight years, said more time was needed. Mr. Cherkasky and lawyers for the civil rights division of the Justice Department told Judge Gary A. Feess that oversight should continue for three years, but with the Police Department dealing directly with the court instead of a federal monitor. Nonetheless, Mr. Cherkasky told the court that the department had progressed enough to warrant shifting more authority from federal oversight to the department’s internal monitors.
The American Civil Liberties Union and other critics of the department disputed the idea that the police were ready to institute reforms without the impetus of federal monitoring and urged Judge Feess to extend the consent decree. The judge acknowledged the department’s success in reducing crime and abuses, and he extended the consent decree for two weeks to review arguments on ending federal monitoring. Mr. Cherkasky urged the court to put in place a three-year transitional agreement that would end federal monitoring if the department reduced racial bias in searches and arrests, instituted a financial disclosure policy for certain kinds of investigators and created a better system to gauge problem officers by tracking complaints against them and use of force. “We’re saying these things need to be resolved before we can say that there has been substantial compliance,” he said. “If they do these things, we don’t have a problem with a transitional agreement.”
Under the transitional agreement, Mr. Cherkasky said, he would end his monitoring and the court would directly oversee final reforms by the department. Mr. Cherkasky said that although the Police Department had more work to do, it was “psychologically” important for the court to acknowledge the progress it had made. He said a decision to phase out federal monitoring in Los Angeles could be an encouraging sign to other departments that compliance with court-mandated reforms would eventually end well for agencies that cooperated. Chief William J. Bratton has complained that the consent decree is expensive and unnecessary since the Police Commission and the office of inspector general can fulfill the watchdog function. But Mark Rosenbaum, a lawyer with the A.C.L.U., said Judge Feess should extend federal monitoring until the department ended racially biased policing practices. Mr. Rosenbaum cited recent department statistics that showed officers had used force against African-Americans and Latinos more frequently than against whites. He also said statistics showed that African-Americans were searched by the Los Angeles police more frequently than whites, even though officers were less likely to find evidence of a crime when they searched blacks. “This is still a police force where, unfortunately, race still matters when deciding to frisk or arrest, even when there is no evidence of criminal conduct,” Mr. Rosenbaum said in an interview. Erwin Chemerinsky, a law professor at the University of California, Irvine, and an expert on policing, agreed that the department had made strides since the inception of the consent decree. But Mr. Chemerinsky said it was premature to end the federal court’s role. “If L.A.P.D. has the capacity to make the necessary reforms, the consent decree is at worst unnecessary and redundant,” he said. “At best, it is essential. Why take the chance?”
Monday, June 22, 2009
Judge Temporarily Bars Public From Police Hearings
Judge temporarily bars public from police hearings
The Journal News by LAUREN STANFORTH AND PAUL NELSON - June 22, 2009
SCHENECTADY, NY -- A judge is temporarily blocking the public from attending the disciplinary hearings for two Schenectady police officers who face internal affairs charges. Acting state Supreme Court Justice Barry Kramer this afternoon issued a temporary injunction until he completes research on whether the hearings for officers John Lewis and Darren Lawrence should be public. Kramer said he would issue his ruling on July 16. Lewis' hearing was supposed to start Tuesday. Corporation Counsel L. John Van Norden said he will consult with Public Safety Commissioner Wayne Bennett before the city decides whether to start a secret hearing Tuesday or wait for the judge's ruling. The officers face hearings on internal affairs charges that could lead to their dismissals and the city contends the hearings are open to the public. Attorneys have filed the injunction on behalf of Lewis and Lawrence. Both officers also face criminal charges for alleged off-duty misdeeds stemming from domestic issues and drinking problems. The police union has fought against the disciplinary hearing process, which will have Bennett presiding over the officers' cases at open hearings. The city decided to open up the disciplinary hearings amid scrutiny from residents and the media.
The Journal News by LAUREN STANFORTH AND PAUL NELSON - June 22, 2009
SCHENECTADY, NY -- A judge is temporarily blocking the public from attending the disciplinary hearings for two Schenectady police officers who face internal affairs charges. Acting state Supreme Court Justice Barry Kramer this afternoon issued a temporary injunction until he completes research on whether the hearings for officers John Lewis and Darren Lawrence should be public. Kramer said he would issue his ruling on July 16. Lewis' hearing was supposed to start Tuesday. Corporation Counsel L. John Van Norden said he will consult with Public Safety Commissioner Wayne Bennett before the city decides whether to start a secret hearing Tuesday or wait for the judge's ruling. The officers face hearings on internal affairs charges that could lead to their dismissals and the city contends the hearings are open to the public. Attorneys have filed the injunction on behalf of Lewis and Lawrence. Both officers also face criminal charges for alleged off-duty misdeeds stemming from domestic issues and drinking problems. The police union has fought against the disciplinary hearing process, which will have Bennett presiding over the officers' cases at open hearings. The city decided to open up the disciplinary hearings amid scrutiny from residents and the media.
Police Department Could Clean House
Spring Lake police department could clean house
WRAL.COM - June 15, 2009
SPRING LAKE, N.C. - Spring Lake Interim Police Chief Gregg Jarvies said Monday that the town's troubled police department could terminate and start over next year. The Cumberland County Sheriff's Office assumed control of law enforcement in Spring Lake on May 6, following the arrests of Sgt. Darryl Eugene Coulter Sr. and Sgt. Alphonzo Devonne Whittington Jr. on a variety of charges. Spring Lake Police Chief A.C. Brown resigned shortly thereafter. Jarvies said the town cannot afford to continue paying the sheriff's office and its remaining officers, so 11 police employees could be laid off within the coming weeks, according to a proposal submitted to the Town Board Monday afternoon. Other employees would be transferred to jobs within the sheriff’s office. Jarvies said he made the recommendation after a judge told him the only way the department would regain its power is to start over. "It hit them (the officers) hard. You can imagine telling someone that we are going to recommend that your job is going to be gone in two weeks, (and) now you can go home and tell your family that you don't have an income,” Jarvies said.
Spring Lake officers could face lay-offs
WRAL.COM - June 15, 2009
SPRING LAKE, N.C. - Spring Lake Interim Police Chief Gregg Jarvies said Monday that the town's troubled police department could terminate and start over next year. The Cumberland County Sheriff's Office assumed control of law enforcement in Spring Lake on May 6, following the arrests of Sgt. Darryl Eugene Coulter Sr. and Sgt. Alphonzo Devonne Whittington Jr. on a variety of charges. Spring Lake Police Chief A.C. Brown resigned shortly thereafter. Jarvies said the town cannot afford to continue paying the sheriff's office and its remaining officers, so 11 police employees could be laid off within the coming weeks, according to a proposal submitted to the Town Board Monday afternoon. Other employees would be transferred to jobs within the sheriff’s office. Jarvies said he made the recommendation after a judge told him the only way the department would regain its power is to start over. "It hit them (the officers) hard. You can imagine telling someone that we are going to recommend that your job is going to be gone in two weeks, (and) now you can go home and tell your family that you don't have an income,” Jarvies said.
Spring Lake officers could face lay-offs
“I’m very sad on a personal level for the families of the police officers that really didn't have anything to do with this,” said Jackie Jackson, with Citizens on the Move. Jackson said she founded Citizens on the Move in response to concerns of corruption within the police department. She said city leaders did not act fast enough to complaints. “While we are in the process of restructuring our police department, we need to think about restructuring our leadership as well,” she said. Sheriff's deputies would also continue to provide law enforcement for the town while the police department is restructured under the proposal. That could cost the city as much as $90,000 a month, Jarvies said. Officers with better training would be hired by February and would eventually take back policing the town from the sheriff's department, Jarvies said.
More on police probe
Indictments allege that Coulter participated in an April 2008 home invasion in which three men were held at gunpoint and that he asked subordinate officers to falsify a report about a September raid on a motel room in which $2,900 was seized. Whittington allegedly stole that money from the police department's evidence room and tried to cover it up, according to an indictment. Brown resigned the following day, and reports that he and another officer were shredding files in the department prompted a judge to order the State Bureau of Investigation to take control of all Spring Lake Police Department files. Cumberland County District Attorney Ed Grannis has dismissed all pending misdemeanor cases in Spring Lake, saying that he suspects senior officers of lying and directing other officers to fabricate facts in police reports. Spring Lake officials had named Sgt. Mack Utley III as acting police chief before turning to Jarvies. Jarvies spent 32 years with the Chapel Hill Police Department, including seven as chief. He also has been a consultant for the Illinois State Police and a guest lecturer at North Carolina State University.
More on police probe
Indictments allege that Coulter participated in an April 2008 home invasion in which three men were held at gunpoint and that he asked subordinate officers to falsify a report about a September raid on a motel room in which $2,900 was seized. Whittington allegedly stole that money from the police department's evidence room and tried to cover it up, according to an indictment. Brown resigned the following day, and reports that he and another officer were shredding files in the department prompted a judge to order the State Bureau of Investigation to take control of all Spring Lake Police Department files. Cumberland County District Attorney Ed Grannis has dismissed all pending misdemeanor cases in Spring Lake, saying that he suspects senior officers of lying and directing other officers to fabricate facts in police reports. Spring Lake officials had named Sgt. Mack Utley III as acting police chief before turning to Jarvies. Jarvies spent 32 years with the Chapel Hill Police Department, including seven as chief. He also has been a consultant for the Illinois State Police and a guest lecturer at North Carolina State University.
Sunday, June 21, 2009
Dirty Detective Allegedly Tipped Off Drug Kingpin
Dirty Detective Allegedly Tipped Off Drug Kingpin
The Philadelphia Enquirer by PAT DOLENTE - June 17, 2009
Durham is said to have received tens of thousands of dollars from the "Ace Capone" organization. In what was like a plot lifted from a movie script a former Philly detective was charged for allegedly telling drug kingpin "Ace Capone" about federal raid that was about to go down. The dirty cop calls friend who calls big, bad drug dealer to warn him about pending government raid on properties. Big, bad drug dealer then takes care of the evidence and gets away with it, at least until the third act. But in real life, former Philadelphia police detective Rickie Durham’s calls to warn drug kingpin Alton “Ace Capone” Coles were not in time. Police searched 23 different locations and 11 different automobiles connected to Coles in 2005. During those searches they found numerous firearms, including several 9-millimeter handguns, live ammunition, several hundred grams of cocaine, drug paraphernalia and approximately $800,000 in drug proceeds. Coles was eventually convicted of the crimes and sentenced to life in prison. And now Durham faces up to 30 years behind bars as well as a $1.5 million dollar fine if convicted of all crimes after his indictment was unsealed Wednesday. “The alleged actions of Mr. Durham are contrary to the code of police officer duty when trying to prevent crime and ensure public safety. ATF lives, those of our partners and community members were endangered when, as the indictment elicits, Mr. Durham contacted a major violent drug dealer, through an intermediary, to alert him of law enforcement presence,” said Acting Special Agent-in-Charge for the Philadelphia Field Division of ATF Russell May. Durham was said to have received a car, clothes, tickets to sporting events and cash totaling over tens of thousands of dollars from friend J.R., Jr. while being assigned to the F.B.I as a Task Force Officer from the Philadelphia police department. It was J.R., Jr. that Durham allegedly made the phone call to to warn about the searches. “Rickie Durham, in his official position as a Philadelphia Police Officer and F.B.I Federal Task Force Officer, abandoned the sacred trust of his law enforcement oath in order to curry the favor of his criminal friends. Working in our office alongside FBI Agents and other law enforcement officers, he jeopardized not only important on-going criminal investigations but also public safety through his alleged criminal activities,” said Special Agent-in-Charge Janice K. Fedarcyk of the Philadelphia Division of the FBI. In June 2008, federal agents investigating the origin of the warning given to Alton Coles interviewed Durham. In the interview, Durham lied about his relationship with J.R., Jr. Durham allegedly made similar false statements to investigators in January 2009.
The Philadelphia Enquirer by PAT DOLENTE - June 17, 2009
Durham is said to have received tens of thousands of dollars from the "Ace Capone" organization. In what was like a plot lifted from a movie script a former Philly detective was charged for allegedly telling drug kingpin "Ace Capone" about federal raid that was about to go down. The dirty cop calls friend who calls big, bad drug dealer to warn him about pending government raid on properties. Big, bad drug dealer then takes care of the evidence and gets away with it, at least until the third act. But in real life, former Philadelphia police detective Rickie Durham’s calls to warn drug kingpin Alton “Ace Capone” Coles were not in time. Police searched 23 different locations and 11 different automobiles connected to Coles in 2005. During those searches they found numerous firearms, including several 9-millimeter handguns, live ammunition, several hundred grams of cocaine, drug paraphernalia and approximately $800,000 in drug proceeds. Coles was eventually convicted of the crimes and sentenced to life in prison. And now Durham faces up to 30 years behind bars as well as a $1.5 million dollar fine if convicted of all crimes after his indictment was unsealed Wednesday. “The alleged actions of Mr. Durham are contrary to the code of police officer duty when trying to prevent crime and ensure public safety. ATF lives, those of our partners and community members were endangered when, as the indictment elicits, Mr. Durham contacted a major violent drug dealer, through an intermediary, to alert him of law enforcement presence,” said Acting Special Agent-in-Charge for the Philadelphia Field Division of ATF Russell May. Durham was said to have received a car, clothes, tickets to sporting events and cash totaling over tens of thousands of dollars from friend J.R., Jr. while being assigned to the F.B.I as a Task Force Officer from the Philadelphia police department. It was J.R., Jr. that Durham allegedly made the phone call to to warn about the searches. “Rickie Durham, in his official position as a Philadelphia Police Officer and F.B.I Federal Task Force Officer, abandoned the sacred trust of his law enforcement oath in order to curry the favor of his criminal friends. Working in our office alongside FBI Agents and other law enforcement officers, he jeopardized not only important on-going criminal investigations but also public safety through his alleged criminal activities,” said Special Agent-in-Charge Janice K. Fedarcyk of the Philadelphia Division of the FBI. In June 2008, federal agents investigating the origin of the warning given to Alton Coles interviewed Durham. In the interview, Durham lied about his relationship with J.R., Jr. Durham allegedly made similar false statements to investigators in January 2009.
Saturday, June 20, 2009
Woman: Cop Abused Me
QNS. COP ABUSED ME: GAL
The New York Post by BRUCE GOLDING and IRENE PLAGIANOS - June 20, 2009
A Queens woman is suing a veteran NYPD detective, claiming he sodomized her inside a police-station bathroom while another cop stood guard outside, The Post has learned. The 29-year-old Elmhurst woman claims Detective Oscar Sandino carried out the brazen sex attack after threatening to have her kids removed following a drug raid at the apartment she shares with her boyfriend. Her Manhattan federal court suit, which doesn't specify damages, says Sandino was part of a team of cops who stormed her apartment in a drug raid on Feb. 16, 2008. Sandino -- a married father of two -- allegedly took the mother of three on a car ride after the raid, at which time he allegedly threatened her, saying, "You know you are going to lose your kids," and asked her what she was willing to do for them. "What do you mean -- anything?" she answered. "How did your children come into the world? . . . You had to be bedded," Sandino allegedly responded in Spanish. Sandino eventually barged in on her bathroom stall, demanding to know "what's your answer" to the alleged demand for sex, and refusing to let her leave. The woman's suit says she was "fearful and helpless," and she said, "No, not here." But the detective allegedly said, "This is the safest place." He then allegedly ordered her to take her pants down and said, "Wow, you have an earring down there." He then allegedly groped her and sodomized her and then said, "Now I know I can trust you!" The woman later met with NYPD Internal Affairs investigators, and even met with Sandino wearing a wire. But he guessed she was trying to trap him and threatened her. Police sources said she never reported that she was sexually assaulted, only complaining that Sandino had made inappropriate comments and calls to her. Sources said that in March 2008, Sandino was put on modified duty. Yesterday, Sandino said, "I am not a rapist," when reached outside his house. He referred requests for comment to the detectives union, which did not respond to calls. bruce.golding@nypost.com
The New York Post by BRUCE GOLDING and IRENE PLAGIANOS - June 20, 2009
A Queens woman is suing a veteran NYPD detective, claiming he sodomized her inside a police-station bathroom while another cop stood guard outside, The Post has learned. The 29-year-old Elmhurst woman claims Detective Oscar Sandino carried out the brazen sex attack after threatening to have her kids removed following a drug raid at the apartment she shares with her boyfriend. Her Manhattan federal court suit, which doesn't specify damages, says Sandino was part of a team of cops who stormed her apartment in a drug raid on Feb. 16, 2008. Sandino -- a married father of two -- allegedly took the mother of three on a car ride after the raid, at which time he allegedly threatened her, saying, "You know you are going to lose your kids," and asked her what she was willing to do for them. "What do you mean -- anything?" she answered. "How did your children come into the world? . . . You had to be bedded," Sandino allegedly responded in Spanish. Sandino eventually barged in on her bathroom stall, demanding to know "what's your answer" to the alleged demand for sex, and refusing to let her leave. The woman's suit says she was "fearful and helpless," and she said, "No, not here." But the detective allegedly said, "This is the safest place." He then allegedly ordered her to take her pants down and said, "Wow, you have an earring down there." He then allegedly groped her and sodomized her and then said, "Now I know I can trust you!" The woman later met with NYPD Internal Affairs investigators, and even met with Sandino wearing a wire. But he guessed she was trying to trap him and threatened her. Police sources said she never reported that she was sexually assaulted, only complaining that Sandino had made inappropriate comments and calls to her. Sources said that in March 2008, Sandino was put on modified duty. Yesterday, Sandino said, "I am not a rapist," when reached outside his house. He referred requests for comment to the detectives union, which did not respond to calls. bruce.golding@nypost.com
Friday, June 19, 2009
Cop Bust As 'Sandal Swiper"
COP BUSTED AS 'SANDAL SWIPER'
The New York Post by TIM PERONE - June 19, 2009
An off-duty cop has been arrested for suspicion of shoplifting from a Queens athletics store, The Post has learned. Thirelle Taffe, 38, of East New York, Brooklyn, was charged with petit larceny for allegedly swiping sandals from the Sports Authority on Northern Boulevard in Long Island City at about 6:30 p.m. Thursday. She was suspended 30 days without pay, an NYPD spokesman said.
The New York Post by TIM PERONE - June 19, 2009
An off-duty cop has been arrested for suspicion of shoplifting from a Queens athletics store, The Post has learned. Thirelle Taffe, 38, of East New York, Brooklyn, was charged with petit larceny for allegedly swiping sandals from the Sports Authority on Northern Boulevard in Long Island City at about 6:30 p.m. Thursday. She was suspended 30 days without pay, an NYPD spokesman said.
Thursday, June 18, 2009
Cop Released From Prison Early, Facing New Charges
Former Parma police officer Mark McCombs wins early release from prison, faces new charges
The Plain Dealer - June 17, 2009
A judge on Wednesday granted former Parma police officer Mark McCombs an early release from prison. But McCombs didn't get far. Immediately after Cuyahoga County Common Pleas Judge Nancy Margaret Russo approved his release, McCombs was arrested by Bureau of Alcohol, Tobacco, Firearms and Explosives agents on federal weapons charges, and county prosecutors unsealed a 13-count indictment charging him with theft in office and tampering with records. McCombs, 46, was convicted of tampering with evidence last year and was sentenced to two years in prison. He applied for early release last month. He is now accused in federal court of owning two unregistered machine guns and a silencer with scratched off serial numbers. And county prosecutors said McCombs stole several expensive items from Parma police during his time as a patrolman. The items include night vision goggles worth nearly $3,000, flashlights and chargers, a 30-round magazine, 23 bags of gun parts and three lasers. He is accused of trying to cover his tracks by removing serial numbers and inventory labels from several of the items. McCombs was arraigned Wednesday before a magistrate in federal court. A hearing is scheduled for noon next Wednesday before U.S. District Judge John Adams in Akron. His arraignment in state court is scheduled for Friday. Prosecutors opposed McCombs' request for an early release, citing the pending charges. But Russo said future charges had no bearing on her decision. Russo inherited McCombs' case when Judge Bridget McCafferty recused herself. McCafferty stepped aside because McCombs' attorney, Henry Hilow, is representing her in the FBI's investigation into corruption in Cuyahoga County government. Federal agents searched McCafferty's court chambers in September. Hilow could not be reached to comment after McCombs' arrest. McCombs was fired from the Police Department in May 2007 after allegations of misconduct
The Plain Dealer - June 17, 2009
A judge on Wednesday granted former Parma police officer Mark McCombs an early release from prison. But McCombs didn't get far. Immediately after Cuyahoga County Common Pleas Judge Nancy Margaret Russo approved his release, McCombs was arrested by Bureau of Alcohol, Tobacco, Firearms and Explosives agents on federal weapons charges, and county prosecutors unsealed a 13-count indictment charging him with theft in office and tampering with records. McCombs, 46, was convicted of tampering with evidence last year and was sentenced to two years in prison. He applied for early release last month. He is now accused in federal court of owning two unregistered machine guns and a silencer with scratched off serial numbers. And county prosecutors said McCombs stole several expensive items from Parma police during his time as a patrolman. The items include night vision goggles worth nearly $3,000, flashlights and chargers, a 30-round magazine, 23 bags of gun parts and three lasers. He is accused of trying to cover his tracks by removing serial numbers and inventory labels from several of the items. McCombs was arraigned Wednesday before a magistrate in federal court. A hearing is scheduled for noon next Wednesday before U.S. District Judge John Adams in Akron. His arraignment in state court is scheduled for Friday. Prosecutors opposed McCombs' request for an early release, citing the pending charges. But Russo said future charges had no bearing on her decision. Russo inherited McCombs' case when Judge Bridget McCafferty recused herself. McCafferty stepped aside because McCombs' attorney, Henry Hilow, is representing her in the FBI's investigation into corruption in Cuyahoga County government. Federal agents searched McCafferty's court chambers in September. Hilow could not be reached to comment after McCombs' arrest. McCombs was fired from the Police Department in May 2007 after allegations of misconduct
Wednesday, June 17, 2009
Detective Surrenders to Feds
Police Detective Surrenders To Feds Indictment Alleges Tip-Off Call To NBA Player
MyFoxPhily.com - FOX 29 News - June 17, 2009
PHILADELPHIA, PA - A veteran Philadelphia Police Detective surrendered to federal authorities Wednesday morning to face corruption charges. With his attorney at his side, Detective Richard "Rickie" Durham turned himself in to U.S. Marshals to face an indictment that was unsealed by authorities later Wednesday morning, Fox 29's Dave Schratwieser reported. The U.S. Attorney's Office alleges in a news release that "Durham, through a third party, warned drug dealer Alton 'Ace Capone' Coles of a forthcoming search by federal law enforcement agents." Durham, 43, is a 12-year force veteran and member of the police department's major crimes unit who was assigned to the FBI at one point. Schrtwieser reported that the accusations are related to a phone call Durham allegedly made to former NBA player Jerome "Pooh" Richardson -- a friend of his for years -- back on Aug. 10, 2005. Richardson's sister was living with Coles at the time. There was supposed to be and later were a series of drug raids executed later that morning on all of Coles' properties. As the U.S. Attorney's Office put it: "Searches of at least 23 properties and 11 automobiles associated with the Coles Cocaine Gang were scheduled for that day. According to the indictment, Coles then placed several calls to his co-conspirators warning them of the imminent searches and, in at least one case, telling them to hide or destroy evidence." Coles was one of 18 people arrested during the raids, which authorities said yielded numerous firearms (including several 9-millimeter handguns), live ammunition, several hundred grams of cocaine, drug paraphernalia, and approximately $800,000 in drug proceeds. Coles was hit with drug and gun charges, subsequently convicted and sentenced to life plus 15 years, Schratwieser reported. Numerous of his associates were also convicted. Jerome "Pooh" Richardson is not mentioned by name in Wednesday's news release. He has not been charged and is, according to sources, cooperating with the investigation, Schratwieser reported. Authorities said only that the alleged tip-off call was placed to a "J.R. Jr."
Prosecutors allege in the six-count, 18-page indictment that Durham lied last June about his relationship with "J.R. Jr." and "falsely denied" warning him about the raids. Durham has been on desk duty at police headquarters for the past year as the investigation has unfolded. Police Commissioner Charles Ramsey sayd Wednesday morning, "Well, it's unfortunate. I've been aware of the case for a while, and certainly it's very serious charges. And we'll see what the outcome is, but it certainly is not something that I feel good about. Durham's attorney, Fortunato "Fred" Perri Jr., told Fox 29 News his client vehemently denies the charges against him. "Detective Durham is a dedicated and well-respected member of the law-enforcement community. He enjoys a great deal of support and respect in the law-enforcement community, and again he looks forward to clearing his name," Perri said. The detective faces obstruction of justice, advance notice of search and false statement counts that carry a combined maximum possible sentence of 30 years in prison and a $1.5 million fine, if he's convicted. Durham is expected to plead not guilty at a 1:30 p.m. arraignment before a federal magistrate, Schratwieser reported. Stay with Fox 29 News and MyFoxPhily.com for more on this developing story.
MyFoxPhily.com - FOX 29 News - June 17, 2009
PHILADELPHIA, PA - A veteran Philadelphia Police Detective surrendered to federal authorities Wednesday morning to face corruption charges. With his attorney at his side, Detective Richard "Rickie" Durham turned himself in to U.S. Marshals to face an indictment that was unsealed by authorities later Wednesday morning, Fox 29's Dave Schratwieser reported. The U.S. Attorney's Office alleges in a news release that "Durham, through a third party, warned drug dealer Alton 'Ace Capone' Coles of a forthcoming search by federal law enforcement agents." Durham, 43, is a 12-year force veteran and member of the police department's major crimes unit who was assigned to the FBI at one point. Schrtwieser reported that the accusations are related to a phone call Durham allegedly made to former NBA player Jerome "Pooh" Richardson -- a friend of his for years -- back on Aug. 10, 2005. Richardson's sister was living with Coles at the time. There was supposed to be and later were a series of drug raids executed later that morning on all of Coles' properties. As the U.S. Attorney's Office put it: "Searches of at least 23 properties and 11 automobiles associated with the Coles Cocaine Gang were scheduled for that day. According to the indictment, Coles then placed several calls to his co-conspirators warning them of the imminent searches and, in at least one case, telling them to hide or destroy evidence." Coles was one of 18 people arrested during the raids, which authorities said yielded numerous firearms (including several 9-millimeter handguns), live ammunition, several hundred grams of cocaine, drug paraphernalia, and approximately $800,000 in drug proceeds. Coles was hit with drug and gun charges, subsequently convicted and sentenced to life plus 15 years, Schratwieser reported. Numerous of his associates were also convicted. Jerome "Pooh" Richardson is not mentioned by name in Wednesday's news release. He has not been charged and is, according to sources, cooperating with the investigation, Schratwieser reported. Authorities said only that the alleged tip-off call was placed to a "J.R. Jr."
Prosecutors allege in the six-count, 18-page indictment that Durham lied last June about his relationship with "J.R. Jr." and "falsely denied" warning him about the raids. Durham has been on desk duty at police headquarters for the past year as the investigation has unfolded. Police Commissioner Charles Ramsey sayd Wednesday morning, "Well, it's unfortunate. I've been aware of the case for a while, and certainly it's very serious charges. And we'll see what the outcome is, but it certainly is not something that I feel good about. Durham's attorney, Fortunato "Fred" Perri Jr., told Fox 29 News his client vehemently denies the charges against him. "Detective Durham is a dedicated and well-respected member of the law-enforcement community. He enjoys a great deal of support and respect in the law-enforcement community, and again he looks forward to clearing his name," Perri said. The detective faces obstruction of justice, advance notice of search and false statement counts that carry a combined maximum possible sentence of 30 years in prison and a $1.5 million fine, if he's convicted. Durham is expected to plead not guilty at a 1:30 p.m. arraignment before a federal magistrate, Schratwieser reported. Stay with Fox 29 News and MyFoxPhily.com for more on this developing story.
Tuesday, June 16, 2009
Police Chief Calls Probe Retaliation
Milton Police Chief Calls Probe Retaliation
WBOC 16 by Kye Parsons and Michael Lopardi - June 16, 2009
WBOC 16 by Kye Parsons and Michael Lopardi - June 16, 2009
MILTON, Del.- Milton Police Chief William Phillips wants the town to publicly disclose why it is seeking to fire him. Phillips says the town sent him a letter June 3 saying officials wanted to fire him for 17 instances of alleged misconduct including alleged removal of video evidence of a tasering incident of a prisoner back in January of 2008. While Phillips is technically still an employee of the town of Milton, he is on administrative leave, according to Mayor Don Post. Post said that as of this point, the town's investigation of Phillips is complete. Post added that the complaints that led to the chief's suspension originated from two police officers. Phillips denies all of the charges against him. Phillips, who has served as Milton's police chief since 2001, said he is being punished for opposing bad government and corruption and is demanding a public hearing before the town council. "For some time now I have been opposing the mismanagement of the town and now it wants to fire me for my opposition to bad government," Phillips said in a statement issued by his attorney, Thomas S. Neuberger of Wilmington. "Sunlight is the best disinfectant for the corruption which is infecting the Town. The administration of the town of Milton is broken and it needs to be fixed. So instead of a Star Chamber private trial against me, I am inviting the general public and citizenry to a public trial of the false charges against me." Post said the town will hold a public hearing for the police chief within the next 30 days, though a specific date has not been set. Post said the town will lay out all of its evidence against Phillips, including photos, during the hearing. The town is required to hold the hearing under the Delaware Police Officer's Bill of Rights, according to Post.
Monday, June 15, 2009
Cape Cod Cop Busted on Drug Charge
Ex-Mashpee police officer busted on drug charge
The Cape Cop Times by MATTHEW M. BURKE - May 21, 2009
mburke@capecodonline.com
MASHPEE, MA — A former local police officer, who resigned from the force in February, has been arrested on drug charges, according to police. Joseph Kelley, was arrested Tuesday afternoon after narcotics detectives from the Barnstable Police Department executed a search warrant at his Cotuit home. The 33-year-old was charged with one count of trafficking in heroin, morphine, or opium, their salts, or derivatives, after officers allegedly found 200 oxycodone tablets, as well as an undisclosed amount of other drugs described as various pills and liquids. The arrest comes just days after Barnstable County correctional officer Ryan R. Carroll, 31, of Bourne was arrested after allegedly buying $400 worth of OxyContin from an undercover police officer in Bourne. "I think it's a sad story," Mashpee police Chief Rodney Collins said when reached by phone yesterday. "I hope he gets all of the professional help that he needs." A call made by the Times to Kelley's cell phone went straight to voice mail, and he did not respond to messages seeking comment. Collins said Kelley was a member of the police department for about seven or eight years. He said Kelley resigned in February. Collins declined to comment on Kelley's service record or the reasons behind his resignation. Kelley had been living in Mashpee while employed by the town, Collins said, but, according to the police report on his arrest, had moved to Cotuit. Barnstable police officers referred media inquiries to the detectives division yesterday, but no one could be reached for comment. According to the police report, narcotics detectives obtained a search warrant for Kelley's home as a result of an "ongoing OxyContin distribution investigation." Police executed the search warrant at about 2 p.m. Tuesday and found Kelley at home, the police report states. After 22 grams of oxycodone were found, he was arrested on the trafficking charge and held on $40 bail. The other substances found at the home were sent to a crime lab for analysis, the police report states. Kelley is expected back in court for a pretrial hearing June 17, according to court records.
The Cape Cop Times by MATTHEW M. BURKE - May 21, 2009
mburke@capecodonline.com
MASHPEE, MA — A former local police officer, who resigned from the force in February, has been arrested on drug charges, according to police. Joseph Kelley, was arrested Tuesday afternoon after narcotics detectives from the Barnstable Police Department executed a search warrant at his Cotuit home. The 33-year-old was charged with one count of trafficking in heroin, morphine, or opium, their salts, or derivatives, after officers allegedly found 200 oxycodone tablets, as well as an undisclosed amount of other drugs described as various pills and liquids. The arrest comes just days after Barnstable County correctional officer Ryan R. Carroll, 31, of Bourne was arrested after allegedly buying $400 worth of OxyContin from an undercover police officer in Bourne. "I think it's a sad story," Mashpee police Chief Rodney Collins said when reached by phone yesterday. "I hope he gets all of the professional help that he needs." A call made by the Times to Kelley's cell phone went straight to voice mail, and he did not respond to messages seeking comment. Collins said Kelley was a member of the police department for about seven or eight years. He said Kelley resigned in February. Collins declined to comment on Kelley's service record or the reasons behind his resignation. Kelley had been living in Mashpee while employed by the town, Collins said, but, according to the police report on his arrest, had moved to Cotuit. Barnstable police officers referred media inquiries to the detectives division yesterday, but no one could be reached for comment. According to the police report, narcotics detectives obtained a search warrant for Kelley's home as a result of an "ongoing OxyContin distribution investigation." Police executed the search warrant at about 2 p.m. Tuesday and found Kelley at home, the police report states. After 22 grams of oxycodone were found, he was arrested on the trafficking charge and held on $40 bail. The other substances found at the home were sent to a crime lab for analysis, the police report states. Kelley is expected back in court for a pretrial hearing June 17, according to court records.
Sunday, June 14, 2009
Two, Sworn to Uphold the Law, Caught Lying by Videotape
Drug Suspect Turns Tables on NYPD With Videotape
By THE ASSOCIATED PRESS - June 13, 2009
NEW YORK (AP) -- When undercover detectives busted Jose and Maximo Colon last year for selling cocaine at a seedy club in Queens, there was a glaring problem: The brothers hadn't done anything wrong. But proclaiming innocence wasn't going to be good enough. The Dominican immigrants needed proof. ''I sat in the jail and thought ... how could I prove this? What could I do?'' Jose, 24, recalled in Spanish during a recent interview. As he glanced around a holding cell, the answer came to him: Security cameras. Since then, a vindicating video from the club's cameras has spared the brothers a possible prison term, resulted in two officers' arrest and become the basis for a multimillion-dollar lawsuit. The officers, who are due back in court June 26, have pleaded not guilty, and New York Police Departmental Justice have downplayed their case.
But the drug corruption case isn't alone. On May 13, another NYPD officer was arrested for plotting to invade a Manhattan apartment where he hoped to steal $900,000 in drug money. In another pending case, prosecutors in Brooklyn say officers were caught in a 2007 sting using seized drugs to reward a snitch for information. And in the Bronx, prosecutors have charged a detective with lying about a drug bust captured on a surveillance tape that contradicts her story. Elsewhere, Philadelphia prosecutors dismissed more than a dozen drug and gun charges against a man last month when a narcotics officer was accused of making up information on search warrants.
The revelations in New York have triggered internal affairs inquiries, transfers of commanders and reviews of dozens of other arrests involving the accused officers. Many drug defendants' cases have been tossed out. Others have won favorable plea deals. The misconduct ''strikes at the very heart of our system of justice and erodes public confidence in our courts,'' said Bronx District Attorney Robert Johnson. Despite the fallout, authorities describe the corruption allegations as aberrations in a city where officers daily make hundreds of drugs arrests that routinely hold up in court. They also note none of the cases involved accusations of organized crews of officers using their badges to steal or extort drugs or money for personal gain -- the story line of full-blown corruption scandals from bygone eras. Peter Moskos, a professor at John Jay College of Criminal Justice, agrees the majority of narcotics officers probably are clean. But he also believes the city's unending war on drugs will always invite corruption by some who don't think twice about framing suspects they're convinced are guilty anyway. ''Drugs are a dirty game,'' Moskos said. ''Once you realize it's a game, then you start playing with the rules to win the game.'' Just ask the Colon brothers.
The brothers' evening started much like any other. Max's friend worked at a bodega down the street from Delicias de Mi Tierra, where they'd sometimes drink and play pool in the evenings. This night, the pool table was closed. They instead sat at the bar. Security cameras ended up filming their every move. The brothers barely moved from the same spot for about 90 minutes as the undercovers entered the bar and mixed with the crowd. Moments after the officers left, a backup team barged in and grabbed six men, including the brothers. Paperwork signed by ''UC 13200'' -- Officer Henry Tavarez -- claimed that he told a patron he wanted to buy cocaine. By his account, that man responded by approaching the 28-year-old Max, who then went over to the undercover and demanded to pat him down to make sure he wasn't wearing a wire. Max collected $100 from Tavarez, the report said. The officer claimed to see two bags of cocaine pass through the hands of three men, including Jose, before they were given to him. Jose was released after a court appearance. His brother was shipped off to Riker's Island until he could make bail. ''I was scared,'' Max said of his time at Rikers. ''I don't get into trouble, and here I am with real criminals.'' The moment Jose walked out of the holding cell, he made a beeline for Delicias and asked for a copy of the security tapes from the night they were arrested, Jan. 4, 2008. ''I knew it would be the only way to defend myself, because I knew the police would not believe me,'' he said. The owner of Delicias queued up the tapes and the two waded through an entire day's worth of surveillance -- until they found the two hours the men spent in the club that night -- supposedly selling drugs.
Jose quickly got the tape to defense attorney Rochelle Berliner, a former narcotics prosecutor. She couldn't believe what she was seeing. ''I almost threw up,'' she said. ''Because I must've prosecuted 1,500, 2,000 drug cases ... and all felonies. And I think back, Oh my God, I believed everything everyone told me. Maybe a handful of times did something not sound right to me. I don't mean to sound overly dramatic but I was like, sick.'' What the tape doesn't show is striking: At no point did the officers interact with the undercovers, nor did the brothers appear to be involved in a drug deal with anyone else. Adding insult to injury, an outside camera taped the undercovers literally dancing down the street. Berliner handed the tape over to the District Attorney's integrity unit. It reviewed the images more than 100 times to make sure it wasn't doctored by the defense before deciding to drop all charges against the brothers in June. Six months later, Officer Tavarez and Detective Stephen Anderson pleaded not guilty to drug dealing and multiple other charges that their lawyers say were overblown. Anderson's attorney has described him as a seasoned investigator who had no reason to make a false arrest. Tavarez, his attorney said, was a novice undercover merely along for the ride.
Life quickly deteriorated for Max and Jose after their arrest. They owned a successful convenience store in Jackson Heights, but lost their license to sell tobacco, alcohol and lottery tickets. The store closed a week before their case was dismissed. ''My life changed completely,'' Jose said. ''I had a life before, and I have a different existence now. ... Now, I'm not able to afford to live in my own house or care for my children.'' Jose has found construction work, while Max commutes two hours to Philadelphia to work at a relative's bodega. They stay away from the old neighborhood, where they say ugly rumors about them persist. The brothers have filed a $10 million false arrest lawsuit against the police department, the officers involved and the city. ''I'm angry because, why'd it happen to me? I know a lot of people ... they don't go the right way and they can get away with it,'' Max said. ''I'm young and I try to go the right way and boom, this happened to me. So I'm angry with life, too.''
By THE ASSOCIATED PRESS - June 13, 2009
NEW YORK (AP) -- When undercover detectives busted Jose and Maximo Colon last year for selling cocaine at a seedy club in Queens, there was a glaring problem: The brothers hadn't done anything wrong. But proclaiming innocence wasn't going to be good enough. The Dominican immigrants needed proof. ''I sat in the jail and thought ... how could I prove this? What could I do?'' Jose, 24, recalled in Spanish during a recent interview. As he glanced around a holding cell, the answer came to him: Security cameras. Since then, a vindicating video from the club's cameras has spared the brothers a possible prison term, resulted in two officers' arrest and become the basis for a multimillion-dollar lawsuit. The officers, who are due back in court June 26, have pleaded not guilty, and New York Police Departmental Justice have downplayed their case.
But the drug corruption case isn't alone. On May 13, another NYPD officer was arrested for plotting to invade a Manhattan apartment where he hoped to steal $900,000 in drug money. In another pending case, prosecutors in Brooklyn say officers were caught in a 2007 sting using seized drugs to reward a snitch for information. And in the Bronx, prosecutors have charged a detective with lying about a drug bust captured on a surveillance tape that contradicts her story. Elsewhere, Philadelphia prosecutors dismissed more than a dozen drug and gun charges against a man last month when a narcotics officer was accused of making up information on search warrants.
The revelations in New York have triggered internal affairs inquiries, transfers of commanders and reviews of dozens of other arrests involving the accused officers. Many drug defendants' cases have been tossed out. Others have won favorable plea deals. The misconduct ''strikes at the very heart of our system of justice and erodes public confidence in our courts,'' said Bronx District Attorney Robert Johnson. Despite the fallout, authorities describe the corruption allegations as aberrations in a city where officers daily make hundreds of drugs arrests that routinely hold up in court. They also note none of the cases involved accusations of organized crews of officers using their badges to steal or extort drugs or money for personal gain -- the story line of full-blown corruption scandals from bygone eras. Peter Moskos, a professor at John Jay College of Criminal Justice, agrees the majority of narcotics officers probably are clean. But he also believes the city's unending war on drugs will always invite corruption by some who don't think twice about framing suspects they're convinced are guilty anyway. ''Drugs are a dirty game,'' Moskos said. ''Once you realize it's a game, then you start playing with the rules to win the game.'' Just ask the Colon brothers.
The brothers' evening started much like any other. Max's friend worked at a bodega down the street from Delicias de Mi Tierra, where they'd sometimes drink and play pool in the evenings. This night, the pool table was closed. They instead sat at the bar. Security cameras ended up filming their every move. The brothers barely moved from the same spot for about 90 minutes as the undercovers entered the bar and mixed with the crowd. Moments after the officers left, a backup team barged in and grabbed six men, including the brothers. Paperwork signed by ''UC 13200'' -- Officer Henry Tavarez -- claimed that he told a patron he wanted to buy cocaine. By his account, that man responded by approaching the 28-year-old Max, who then went over to the undercover and demanded to pat him down to make sure he wasn't wearing a wire. Max collected $100 from Tavarez, the report said. The officer claimed to see two bags of cocaine pass through the hands of three men, including Jose, before they were given to him. Jose was released after a court appearance. His brother was shipped off to Riker's Island until he could make bail. ''I was scared,'' Max said of his time at Rikers. ''I don't get into trouble, and here I am with real criminals.'' The moment Jose walked out of the holding cell, he made a beeline for Delicias and asked for a copy of the security tapes from the night they were arrested, Jan. 4, 2008. ''I knew it would be the only way to defend myself, because I knew the police would not believe me,'' he said. The owner of Delicias queued up the tapes and the two waded through an entire day's worth of surveillance -- until they found the two hours the men spent in the club that night -- supposedly selling drugs.
Jose quickly got the tape to defense attorney Rochelle Berliner, a former narcotics prosecutor. She couldn't believe what she was seeing. ''I almost threw up,'' she said. ''Because I must've prosecuted 1,500, 2,000 drug cases ... and all felonies. And I think back, Oh my God, I believed everything everyone told me. Maybe a handful of times did something not sound right to me. I don't mean to sound overly dramatic but I was like, sick.'' What the tape doesn't show is striking: At no point did the officers interact with the undercovers, nor did the brothers appear to be involved in a drug deal with anyone else. Adding insult to injury, an outside camera taped the undercovers literally dancing down the street. Berliner handed the tape over to the District Attorney's integrity unit. It reviewed the images more than 100 times to make sure it wasn't doctored by the defense before deciding to drop all charges against the brothers in June. Six months later, Officer Tavarez and Detective Stephen Anderson pleaded not guilty to drug dealing and multiple other charges that their lawyers say were overblown. Anderson's attorney has described him as a seasoned investigator who had no reason to make a false arrest. Tavarez, his attorney said, was a novice undercover merely along for the ride.
Life quickly deteriorated for Max and Jose after their arrest. They owned a successful convenience store in Jackson Heights, but lost their license to sell tobacco, alcohol and lottery tickets. The store closed a week before their case was dismissed. ''My life changed completely,'' Jose said. ''I had a life before, and I have a different existence now. ... Now, I'm not able to afford to live in my own house or care for my children.'' Jose has found construction work, while Max commutes two hours to Philadelphia to work at a relative's bodega. They stay away from the old neighborhood, where they say ugly rumors about them persist. The brothers have filed a $10 million false arrest lawsuit against the police department, the officers involved and the city. ''I'm angry because, why'd it happen to me? I know a lot of people ... they don't go the right way and they can get away with it,'' Max said. ''I'm young and I try to go the right way and boom, this happened to me. So I'm angry with life, too.''
Cop Charged With Theft, Drug Possession
Former Glendora police officer charged with theft, drug possession
The San Gabriel Valley Tribune by Brian Day - May 20, 2009
GLENDORA - A former Glendora police officer is facing theft and drug charges after allegedly stealing money and methamphetamine last year during a department sting targeted at him, officials said. Timothy Radogna, 33 was charged Wednesday with grand theft, possession of drugs for sales and possession of drugs with a firearm. The arrest stems from an integrity investigation carried out by Glendora police in September, after they received information that Radogna was allegedly failing to book narcotics and money into evidence, Glendora Chief of Police Charles Montoya said. Montoya declined to say what specifically aroused their suspicions. "As law enforcement officers, we're held to a higher standard than the general public," Montoya said. "But at the very minimum, we have to obey society's laws, just as any other person. Unfortunately, Mr. Radogna did neither." During the integrity test, Montoya said an undercover car containing money and methamphetamine was placed as bait. Radogna was asked to book the evidence, and when $1,000 and a small amount of methamphetamine were discovered missing, Radogna was placed on administrative leave and an investigation was opened, Montoya said. Radogna was fired from the department Dec. 12. Radogna was a 3-year veteran of the Glendora Police Department, and previously served with the Los Angeles County Sheriff's Department and Covina Police Department, Montoya said. A felony arrest warrant was issued for Radogna on May 14, said Shiara Davila-Morales, spokeswoman for the Los Angeles County District Attorney's Office. He was arrested Wednesday morning by deputies from the sheriff's Cerritos station, according to court records. He is being held in lieu of $150,000 bail. He will be arraigned in Los Angeles County Superior Court Friday, according to court records. If convicted on all counts, Radogna faces a maximum penalty of more than 9 years in prison, Davila-Morales said. Glendora Mayor Karen Davis said while the alleged actions of Radogna are disturbing, the police department as a whole is exemplary. "While it is disappointing that this happened, it's no reflection of the outstanding job they do 24-7 for the community," she said. Councilman Kenneth Herman echoed Davis' sentiments. "This is just one person who should not ruin the entire image of our fine police department," he said. "It's an aberration that's been taken care of." brian.day@sgvn.com (626) 962-8811, Ext. 2718
The San Gabriel Valley Tribune by Brian Day - May 20, 2009
GLENDORA - A former Glendora police officer is facing theft and drug charges after allegedly stealing money and methamphetamine last year during a department sting targeted at him, officials said. Timothy Radogna, 33 was charged Wednesday with grand theft, possession of drugs for sales and possession of drugs with a firearm. The arrest stems from an integrity investigation carried out by Glendora police in September, after they received information that Radogna was allegedly failing to book narcotics and money into evidence, Glendora Chief of Police Charles Montoya said. Montoya declined to say what specifically aroused their suspicions. "As law enforcement officers, we're held to a higher standard than the general public," Montoya said. "But at the very minimum, we have to obey society's laws, just as any other person. Unfortunately, Mr. Radogna did neither." During the integrity test, Montoya said an undercover car containing money and methamphetamine was placed as bait. Radogna was asked to book the evidence, and when $1,000 and a small amount of methamphetamine were discovered missing, Radogna was placed on administrative leave and an investigation was opened, Montoya said. Radogna was fired from the department Dec. 12. Radogna was a 3-year veteran of the Glendora Police Department, and previously served with the Los Angeles County Sheriff's Department and Covina Police Department, Montoya said. A felony arrest warrant was issued for Radogna on May 14, said Shiara Davila-Morales, spokeswoman for the Los Angeles County District Attorney's Office. He was arrested Wednesday morning by deputies from the sheriff's Cerritos station, according to court records. He is being held in lieu of $150,000 bail. He will be arraigned in Los Angeles County Superior Court Friday, according to court records. If convicted on all counts, Radogna faces a maximum penalty of more than 9 years in prison, Davila-Morales said. Glendora Mayor Karen Davis said while the alleged actions of Radogna are disturbing, the police department as a whole is exemplary. "While it is disappointing that this happened, it's no reflection of the outstanding job they do 24-7 for the community," she said. Councilman Kenneth Herman echoed Davis' sentiments. "This is just one person who should not ruin the entire image of our fine police department," he said. "It's an aberration that's been taken care of." brian.day@sgvn.com (626) 962-8811, Ext. 2718
Saturday, June 13, 2009
Ex-Detective Pleads Guilty in Felony Cash Theft
Ex-Athens detective pleads to felony misconduct in cash theft
The Knowville News Sentinel by News Sentinel staff - May 28, 2009
LOUDON, TN - A former Athens, Tenn., police detective pleaded guilty to felony official misconduct in Loudon County Criminal Court on Thursday. Bill Matthews previously confessed to taking more some $8,900 from an Athens city safe, which a state comptroller's audit report verified was missing more than $46,000, drugs and a handgun last year. Loudon County Criminal Court Judge E. Eugene Eblen gave Matthews a two-year suspended sentence, ordered him to pay $11,600 in restitution to the city of Athens, plus court costs, and to undergo alcohol and drug assessment and any recommended treatment, according to a statement released Thursday by Ninth Judicial District Attorney General Russell Johnson. Matthews admitted to TBI investigators last year that he took the cash. A McMinn County Grand Jury, however, refused to indict him on any criminal charges. Johnson was appointed to prosecute the case after Tenth Judicial district Attorney General Steve Bebb recused himself.
The Knowville News Sentinel by News Sentinel staff - May 28, 2009
LOUDON, TN - A former Athens, Tenn., police detective pleaded guilty to felony official misconduct in Loudon County Criminal Court on Thursday. Bill Matthews previously confessed to taking more some $8,900 from an Athens city safe, which a state comptroller's audit report verified was missing more than $46,000, drugs and a handgun last year. Loudon County Criminal Court Judge E. Eugene Eblen gave Matthews a two-year suspended sentence, ordered him to pay $11,600 in restitution to the city of Athens, plus court costs, and to undergo alcohol and drug assessment and any recommended treatment, according to a statement released Thursday by Ninth Judicial District Attorney General Russell Johnson. Matthews admitted to TBI investigators last year that he took the cash. A McMinn County Grand Jury, however, refused to indict him on any criminal charges. Johnson was appointed to prosecute the case after Tenth Judicial district Attorney General Steve Bebb recused himself.
Friday, June 12, 2009
Ex-Cops Found Guilty on Drug Charges
Ex-cops found guilty on drug charges
The IndyStar.com by Jon Murray - June 12, 2009
jon.murray@indystar.com
Two former Indianapolis narcotics detectives face the prospect of two decades in prison after a jury convicted them Friday in the city's biggest police corruption case in years. But the penalties could have been stiffer. Although Robert P. Long and Jason P. Edwards were convicted of conspiracy and drug charges for their part in a scheme to steal marijuana and money from drug dealers, they were acquitted on firearms charges. Convictions on the gun charges could have meant 55 years of extra prison time for Long, 35 -- an effective life sentence -- plus five additional years for Edwards, 38. "It's always a sad day when police officers are convicted on federal charges," U.S. Attorney Timothy M. Morrison said outside the U.S. District Courthouse in Downtown Indianapolis. The jury's verdict still will hold the men accountable, Morrison said, and "provides some sense of justice to those people who think law enforcement personnel are immune from the law." After two hours of deliberation, the jury convicted Long and Edwards of conspiracy and several counts of actual or attempted drug possession with intent to distribute. The half-dozen incidents played out under the FBI's watch from March to June 2008. Investigators engineered several of the incidents, including a $20,000 shakedown of a drug courier, an intercepted package containing marijuana and a videotaped theft of marijuana and cash from a supposed drug house, planted there by the FBI. A third former officer, James D. Davis, 34, has pleaded guilty to his role and faces 10 to 15 years in prison.
In court documents, prosecutors also outlined allegations of earlier graft by Long and Edwards going back years, but the jury was barred from hearing those claims. Kevin McShane, Edwards' attorney, said later that the jury's verdict was fair. Long's attorneys, Ralph Staples and Jeffrey Mendes, were pleased by convictions that could result in Long's release by the time his grandchildren are born. They had challenged the firearms charges in part by arguing that even when Long carried a gun, it never left his holster and didn't further the crimes. Edwards, on suspension at the time from the Indianapolis Metropolitan Police Department, didn't have a gun. "They took advantage of opportunities," Staples said. "And that is what they should be punished for." In a win for government lawyers, the jury decided that the drug conspiracy involved an amount of marijuana above a 50-kilogram threshold -- about 110 pounds -- that sets a 20-year maximum sentence, instead of five years. A grand jury's eight-count indictment of the officers didn't include actual corruption-related charges. Morrison said federal law is murkier in such situations than Indiana law, which provides a broad low-level felony charge of official misconduct. Before the jury, defense attorneys conceded the mountain of evidence but protested that investigators let the caper run long after they had the officers pinched. McShane compared the case to a movie during his closing argument Friday. He even suggested a title: "The Last Temptation of Rob and Jason." "(The movie) was produced, scripted and directed by FBI Entertainment, if you will," McShane said. "Robert and Jason were invited to star in this production, and they agreed -- to their everlasting regret."
The IndyStar.com by Jon Murray - June 12, 2009
jon.murray@indystar.com
Two former Indianapolis narcotics detectives face the prospect of two decades in prison after a jury convicted them Friday in the city's biggest police corruption case in years. But the penalties could have been stiffer. Although Robert P. Long and Jason P. Edwards were convicted of conspiracy and drug charges for their part in a scheme to steal marijuana and money from drug dealers, they were acquitted on firearms charges. Convictions on the gun charges could have meant 55 years of extra prison time for Long, 35 -- an effective life sentence -- plus five additional years for Edwards, 38. "It's always a sad day when police officers are convicted on federal charges," U.S. Attorney Timothy M. Morrison said outside the U.S. District Courthouse in Downtown Indianapolis. The jury's verdict still will hold the men accountable, Morrison said, and "provides some sense of justice to those people who think law enforcement personnel are immune from the law." After two hours of deliberation, the jury convicted Long and Edwards of conspiracy and several counts of actual or attempted drug possession with intent to distribute. The half-dozen incidents played out under the FBI's watch from March to June 2008. Investigators engineered several of the incidents, including a $20,000 shakedown of a drug courier, an intercepted package containing marijuana and a videotaped theft of marijuana and cash from a supposed drug house, planted there by the FBI. A third former officer, James D. Davis, 34, has pleaded guilty to his role and faces 10 to 15 years in prison.
In court documents, prosecutors also outlined allegations of earlier graft by Long and Edwards going back years, but the jury was barred from hearing those claims. Kevin McShane, Edwards' attorney, said later that the jury's verdict was fair. Long's attorneys, Ralph Staples and Jeffrey Mendes, were pleased by convictions that could result in Long's release by the time his grandchildren are born. They had challenged the firearms charges in part by arguing that even when Long carried a gun, it never left his holster and didn't further the crimes. Edwards, on suspension at the time from the Indianapolis Metropolitan Police Department, didn't have a gun. "They took advantage of opportunities," Staples said. "And that is what they should be punished for." In a win for government lawyers, the jury decided that the drug conspiracy involved an amount of marijuana above a 50-kilogram threshold -- about 110 pounds -- that sets a 20-year maximum sentence, instead of five years. A grand jury's eight-count indictment of the officers didn't include actual corruption-related charges. Morrison said federal law is murkier in such situations than Indiana law, which provides a broad low-level felony charge of official misconduct. Before the jury, defense attorneys conceded the mountain of evidence but protested that investigators let the caper run long after they had the officers pinched. McShane compared the case to a movie during his closing argument Friday. He even suggested a title: "The Last Temptation of Rob and Jason." "(The movie) was produced, scripted and directed by FBI Entertainment, if you will," McShane said. "Robert and Jason were invited to star in this production, and they agreed -- to their everlasting regret."
Thursday, June 11, 2009
Cop Sentenced for Beating Man Shackled to Wheelchair
Chicago police officer sentenced to more than 3 years for beating man shackled to wheelchair
The Associated Press by MIKE ROBINSON - June 11, 2009
CHICAGO, IL — A Chicago police officer caught on video beating a stabbing victim who was handcuffed and shackled to a wheelchair was sentenced Thursday to more than three years in federal prison. A federal judge imposed the 40-month sentence after viewing hospital security footage of William Cozzi, 52, handcuffing the man to the chair in an emergency room. Cozzi then shackled the man's legs to the chair and struck him with a sap, a weapon similar to a small blackjack club with a heavy center and usually covered in leather. The officer later accused the man of attacking him. "We expect the police officers to serve and protect the public and not to do the kinds of things you admit you did," U.S. District Judge Blanche M. Manning said in sentencing the 15-year Chicago Police veteran to half the time sought by prosecutors. Rank and file officers have complained about Superintendent Jody Weis referring the case to the FBI for investigation after Cozzi already had pleaded guilty to a misdemeanor battery charge in Cook County Circuit Court and served an 18-month probation term. Some officers said Cozzi was treated unfairly by Weis, a former FBI official brought in to head the Chicago department after a series of scandals involving officer misconduct. "This is a message to all those officers in blue out there that after 15 years on the job you'll get thrown under the bus," defense attorney Terence P. Gillespie said after the sentencing. Fraternal Order of Police President Mark Donahue has said he has not seen an incident that damaged officer morale more than Cozzi's case. U.S. Attorney Patrick J. Fitzgerald said Cozzi did not make an error resulting from a snap decision when he felt his life was on the line. "If they're handcuffed and shackled, it can't be tolerated that someone would beat them with a weapon like that and make a false report about it," Fitzgerald said. The July 2005 incident took place after a man was brought to Norwegian American Hospital in Chicago with stab wounds apparently inflicted by a female companion. Cozzi was sent to the hospital to investigate. Defense attorney Gillespie said the man was drunk. "I let my frustration get the best of me, I lost my judgment," Cozzi told the judge. Cozzi also admitted he falsely charged the man with attacking him and two hospital workers. The charges were dropped. Manning acknowledged Cozzi had a good reputation with no prior complaints of excessive force. "It's just unfortunate that you lost it because you kind of messed up your life for a while," she said. Assistant U.S. Attorney Scott Drury, however, noted a sap is not authorized police gear. "If officer Cozzi is such a good officer, why does he have a sap?" he said.
The Associated Press by MIKE ROBINSON - June 11, 2009
CHICAGO, IL — A Chicago police officer caught on video beating a stabbing victim who was handcuffed and shackled to a wheelchair was sentenced Thursday to more than three years in federal prison. A federal judge imposed the 40-month sentence after viewing hospital security footage of William Cozzi, 52, handcuffing the man to the chair in an emergency room. Cozzi then shackled the man's legs to the chair and struck him with a sap, a weapon similar to a small blackjack club with a heavy center and usually covered in leather. The officer later accused the man of attacking him. "We expect the police officers to serve and protect the public and not to do the kinds of things you admit you did," U.S. District Judge Blanche M. Manning said in sentencing the 15-year Chicago Police veteran to half the time sought by prosecutors. Rank and file officers have complained about Superintendent Jody Weis referring the case to the FBI for investigation after Cozzi already had pleaded guilty to a misdemeanor battery charge in Cook County Circuit Court and served an 18-month probation term. Some officers said Cozzi was treated unfairly by Weis, a former FBI official brought in to head the Chicago department after a series of scandals involving officer misconduct. "This is a message to all those officers in blue out there that after 15 years on the job you'll get thrown under the bus," defense attorney Terence P. Gillespie said after the sentencing. Fraternal Order of Police President Mark Donahue has said he has not seen an incident that damaged officer morale more than Cozzi's case. U.S. Attorney Patrick J. Fitzgerald said Cozzi did not make an error resulting from a snap decision when he felt his life was on the line. "If they're handcuffed and shackled, it can't be tolerated that someone would beat them with a weapon like that and make a false report about it," Fitzgerald said. The July 2005 incident took place after a man was brought to Norwegian American Hospital in Chicago with stab wounds apparently inflicted by a female companion. Cozzi was sent to the hospital to investigate. Defense attorney Gillespie said the man was drunk. "I let my frustration get the best of me, I lost my judgment," Cozzi told the judge. Cozzi also admitted he falsely charged the man with attacking him and two hospital workers. The charges were dropped. Manning acknowledged Cozzi had a good reputation with no prior complaints of excessive force. "It's just unfortunate that you lost it because you kind of messed up your life for a while," she said. Assistant U.S. Attorney Scott Drury, however, noted a sap is not authorized police gear. "If officer Cozzi is such a good officer, why does he have a sap?" he said.
Wednesday, June 10, 2009
Money Laundering Sheriff Fooled Many
Money laundering baffles Fla. sheriff's colleagues
The Associated Press by MELISSA NELSON – June 10, 2009
SHALIMAR, FL (AP) — Sheriff Charlie Morris preached integrity. The word hung in large letters in his headquarters. His peers elected him head of Florida's sheriffs association and gave him a seat on the state board that disciplines law officers who stray. But it was an act. For years he'd been running an elaborate scheme in Okaloosa County, giving employees bonuses from federal homeland security grants and other sources — and requiring a kickback in return. He had the department buy him new cars so frequently, it's unlikely they ever lost that just-off-the-lot smell. He put a mistress on the county payroll for a highly paid, no-show job. When FBI agents arrested him in February as he partied in Las Vegas, Morris had $30,000 cash in the hotel safe and $5,000 in his pockets. He received at least $114,000 in kickbacks over the last few years while doling out much more than that in illegal bonuses — a figure that's still being tallied. He pleaded guilty last month and faces decades in prison when sentenced July 28. "It is very bizarre. Here is a man who has seen numerous investigations over his career, he knows that he's not going to get away with this and yet he chooses to do it anyway. I'm disgusted," said interim sheriff Edward Spooner, a Florida Department of Law Enforcement training director who had known Morris for years. Morris, a 59-year-old retired Air Force security officer, seemed a perfect fit for the conservative Panhandle County of about 175,000. Sprawling Eglin Air Force Base takes up most of the land and its glittering white beaches are popular with tourists. He left nearby Hurlburt Air Force Base as a major with 18 years in the military and joined the Fort Walton Beach Police Department for four years before he was elected sheriff in 1996. The job paid him $133,000 a year. "He instilled professionalism around here, improved training. He had a vision and created a culture of doing things right every time," said Maj. Larry Ashley, a 20-year department veteran who reported the sheriff to the FBI.
Morris' downfall began in January when Ashley started asking questions about a car and county-paid gas credit card the sheriff had sent to a Tallahassee woman he'd hired for an $80,000-a-year job. She was rarely in the office, her duties were vague and her employment wasn't listed on most official records. When the longtime detective talked to George Wilson, the agency's fleet operations director, he confirmed his suspicion — that the woman was Morris' mistress. But Ashley learned much more. Wilson told him the sheriff had given him bonuses and ordered him to return money in cash. The sheriff said the money would go to a department charity fund. "It's pure, unadulterated money laundering," Ashley said. He soon learned other employees had also received thousands in bonuses. He and Wilson went to the FBI. Wilson feared for his job and his safety. The sheriff had repeatedly ordered him not to discuss either the bonus money or his order to send the car to the woman in Tallahassee. "The stress level of this to me was unbelievable," Wilson said. But Wilson had privately questioned Morris' management decisions for years. The sheriff frequently purchased new cars for personal use and traded them in with very few miles, costing the county a lot of money. A recent audit found Morris spent more than $170,000 buying 41 new GMC Envoys, Chevrolet Impalas and other cars — about one every four months. Wilson's assistant, Roberta Pifer, became thedepartment's third confidential informant days after Wilson and Ashley went to the FBI. Morris unexpectedly deposited $3,000 in her account and asked her to return $1,000 in cash. It was the first time she had received a bonus. She told Wilson, who told her to talk to the FBI. Agents traced the cash that she returned to Morris and recovered it from his Las Vegas hotel safe. Pifer felt betrayed by the man she considered a father figure. When she was ill with cancer, Morris checked on her frequently — even breaking down in tears when her treatment wasn't going well. "He would talk about his grandchildren all the time," she said. "He was a very compassionate man."
Morris and his office manager, Teresa Adams, who was also the department's human resources director and assisted in the scam, face up to 85 years in prison after pleading guilty in May to federal fraud, money laundering and conspiracy charges. Prosecutors say more corruption and scandal within the department will be revealed as state investigators continue their probe of other employees. While prosecutors haven't specified which grants Morris used in the scheme, it's common for sheriffs to receive homeland security money for training or public awareness campaigns. Morris has refused to discuss the case publicly. It's not clear how the money was spent, other than on the Vegas trips. Morris and Adams have agreed to cooperate with the state attorney's office as part of their plea agreements. Adams' attorney, Drew Pinkerton, said the longtime office manager was "protective of Morris," and wanted to please her boss. "She wakes up every morning thinking about this. I am sure she will receive some prison time," he said. The betrayals by Morris' and his cohorts still cut deep. Spooner fired five employees at the 300-employee department during his first weeks in office. "It took tremendous courage for the confidential informants to stand up to the sheriff — they knew that if they were not correct in their allegations that were at great risk," Spooner said.
The Associated Press by MELISSA NELSON – June 10, 2009
SHALIMAR, FL (AP) — Sheriff Charlie Morris preached integrity. The word hung in large letters in his headquarters. His peers elected him head of Florida's sheriffs association and gave him a seat on the state board that disciplines law officers who stray. But it was an act. For years he'd been running an elaborate scheme in Okaloosa County, giving employees bonuses from federal homeland security grants and other sources — and requiring a kickback in return. He had the department buy him new cars so frequently, it's unlikely they ever lost that just-off-the-lot smell. He put a mistress on the county payroll for a highly paid, no-show job. When FBI agents arrested him in February as he partied in Las Vegas, Morris had $30,000 cash in the hotel safe and $5,000 in his pockets. He received at least $114,000 in kickbacks over the last few years while doling out much more than that in illegal bonuses — a figure that's still being tallied. He pleaded guilty last month and faces decades in prison when sentenced July 28. "It is very bizarre. Here is a man who has seen numerous investigations over his career, he knows that he's not going to get away with this and yet he chooses to do it anyway. I'm disgusted," said interim sheriff Edward Spooner, a Florida Department of Law Enforcement training director who had known Morris for years. Morris, a 59-year-old retired Air Force security officer, seemed a perfect fit for the conservative Panhandle County of about 175,000. Sprawling Eglin Air Force Base takes up most of the land and its glittering white beaches are popular with tourists. He left nearby Hurlburt Air Force Base as a major with 18 years in the military and joined the Fort Walton Beach Police Department for four years before he was elected sheriff in 1996. The job paid him $133,000 a year. "He instilled professionalism around here, improved training. He had a vision and created a culture of doing things right every time," said Maj. Larry Ashley, a 20-year department veteran who reported the sheriff to the FBI.
Morris' downfall began in January when Ashley started asking questions about a car and county-paid gas credit card the sheriff had sent to a Tallahassee woman he'd hired for an $80,000-a-year job. She was rarely in the office, her duties were vague and her employment wasn't listed on most official records. When the longtime detective talked to George Wilson, the agency's fleet operations director, he confirmed his suspicion — that the woman was Morris' mistress. But Ashley learned much more. Wilson told him the sheriff had given him bonuses and ordered him to return money in cash. The sheriff said the money would go to a department charity fund. "It's pure, unadulterated money laundering," Ashley said. He soon learned other employees had also received thousands in bonuses. He and Wilson went to the FBI. Wilson feared for his job and his safety. The sheriff had repeatedly ordered him not to discuss either the bonus money or his order to send the car to the woman in Tallahassee. "The stress level of this to me was unbelievable," Wilson said. But Wilson had privately questioned Morris' management decisions for years. The sheriff frequently purchased new cars for personal use and traded them in with very few miles, costing the county a lot of money. A recent audit found Morris spent more than $170,000 buying 41 new GMC Envoys, Chevrolet Impalas and other cars — about one every four months. Wilson's assistant, Roberta Pifer, became thedepartment's third confidential informant days after Wilson and Ashley went to the FBI. Morris unexpectedly deposited $3,000 in her account and asked her to return $1,000 in cash. It was the first time she had received a bonus. She told Wilson, who told her to talk to the FBI. Agents traced the cash that she returned to Morris and recovered it from his Las Vegas hotel safe. Pifer felt betrayed by the man she considered a father figure. When she was ill with cancer, Morris checked on her frequently — even breaking down in tears when her treatment wasn't going well. "He would talk about his grandchildren all the time," she said. "He was a very compassionate man."
Morris and his office manager, Teresa Adams, who was also the department's human resources director and assisted in the scam, face up to 85 years in prison after pleading guilty in May to federal fraud, money laundering and conspiracy charges. Prosecutors say more corruption and scandal within the department will be revealed as state investigators continue their probe of other employees. While prosecutors haven't specified which grants Morris used in the scheme, it's common for sheriffs to receive homeland security money for training or public awareness campaigns. Morris has refused to discuss the case publicly. It's not clear how the money was spent, other than on the Vegas trips. Morris and Adams have agreed to cooperate with the state attorney's office as part of their plea agreements. Adams' attorney, Drew Pinkerton, said the longtime office manager was "protective of Morris," and wanted to please her boss. "She wakes up every morning thinking about this. I am sure she will receive some prison time," he said. The betrayals by Morris' and his cohorts still cut deep. Spooner fired five employees at the 300-employee department during his first weeks in office. "It took tremendous courage for the confidential informants to stand up to the sheriff — they knew that if they were not correct in their allegations that were at great risk," Spooner said.
Tuesday, June 9, 2009
Former Cop Sentenced for Selling Drugs He Confiscated
Former Benton Harbor officer sentenced for drug offense
WNDU.com - June 9, 2009
Benton Harbor, MI -A former Benton Harbor police officer has been sentenced, after pleading guilty to planning to sell drugs he confiscated while on the force. Andrew Collins, 26, was sentenced on Tuesday to 37 months in prison and a fine of $10,000. In February 2008, police found large amounts of crack cocaine, marijuana, and heroin in his possession. He was serving as a narcotics officer at the time of his arrest. Collins has admitted that he failed to report to the police department all the narcotics he seized during drug busts, and instead he kept them to sell. He pleaded guilty to crack cocaine possession with intent to distribute.
Benton Harbor, MI -A former Benton Harbor police officer has been sentenced, after pleading guilty to planning to sell drugs he confiscated while on the force. Andrew Collins, 26, was sentenced on Tuesday to 37 months in prison and a fine of $10,000. In February 2008, police found large amounts of crack cocaine, marijuana, and heroin in his possession. He was serving as a narcotics officer at the time of his arrest. Collins has admitted that he failed to report to the police department all the narcotics he seized during drug busts, and instead he kept them to sell. He pleaded guilty to crack cocaine possession with intent to distribute.
Monday, June 8, 2009
Deputy Filed After 'Whistle Blowing' Allegations
Deputy fired after ‘whistle blowing’ allegations against BCSO
The Bandera County Courier by Judith Pannebaker - June 9, 2009
Deputies with the Bandera County Sheriff’s Office appear to be dropping like proverbial flies.
Blowing the whistle
After nine years of service with the BCSO, Deputy Scott Sharp was dishonorably discharged on Wednesday, May 20. Insubordination, failure to report for duty and failure to prepare for duty were cited as reasons for termination on his unsigned letter of discharge. Coincidentally, Sharp was fired just four days after meeting with County Attorney John Payne to outline allegations of what he considered a pattern of malfeasance within the sheriff’s department. If an employee reports purported misconduct to someone he believes to be in authority and the “whistle blower” is fired within a specific time period, there is a presumption of retaliatory termination, according to an attorney who was consulted for this article. Additionally, Sharp was denied an appeals hearing usually scheduled within 10 days of a termination. Former Deputy Mario Hernandez also failed to receive the obligatory hearing. However, former Deputy Chris Wilson was given an appeals hearing after being fired for failing to address four allegedly inebriated motorists who were later killed after a one-vehicle crash in November.
End of road?
“I am going to fight this with everything I have,” Sharp said, after learning about his dishonorable discharge. “A dishonorable discharge would effectively end my law enforcement career.” Sharp has been employed in law enforcement for approximately 15 years, beginning with the United States Air Force. In 1988, he graduated with honors from the US Air Force Security Police Academy as class leader and spent three years with the Air Force Security Police. After receiving a honorable discharge, Sharp enrolled in Western New Mexico University’s Law Enforcement Academy, where he maintained a 3.75 grade point average. At the age of 28, he graduated from the academy as top cadet – while raising a family at the same time. Sharp worked in law enforcement in New Mexico for two years before relocating to San Antonio where he was employed as a detention officer with the Bexar County Sheriff’s Office. He passed the Texas peace officer’s exam on his first attempt. After being commissioned, Sharp joined the BCSO, serving as a patrol officer in charge of deputy training. After being transferred to criminal investigations, Sharp was promoted to patrol sergeant – the sole supervisor of 13 deputies. He later requested and received a transfer to the Criminal Investigations Division. During a three-year period as a CID sergeant, Sharp supervised several high profile cases, including three homicide investigations – one of which was a seven-year-old cold case that involved the murder of a toddler.
Documentation downfall
From September 2005 to his termination, Sharp documented alleged corruption within the BCSO. He eventually reported his findings to the office of the 216th District Attorney, Texas Rangers Service, Federal Bureau of Investigation and the United States Drug Enforcement Agency. Sharp’s allegations of malfeasance include multiple counts of felony tampering with government records, several counts of felony tampering of physical evidence, bribery, theft, arson, misapplication of county funds for personal gain, misuse of county property, interfering in criminal investigations, civil rights violations, failure to act during a felony in progress, retaliation against employees and cruelty to animals, as well as numerous violations of Bandera County Sheriff’s Office Policies and Procedures Manual. According to Sharp, federal violations include racial discrimination, retaliation of witnesses in EEOC complaints, gender discrimination and unlawful transport, storage and disposal of hazardous chemicals.
Play by play
Discussing the sequence of events that led up to his termination on May 20, Sharp said he went on shift at 6 am as scheduled. “I started my day in the same manner as I usually do. My routine included getting ready for work just before 6 am, calling on duty over the radio at the 6 am and then spending a few moments with my family,” he said, adding, “Sometimes, I wouldn’t leave the house right away but would stay around to have breakfast.” This routine, he said, was common knowledge among his subordinates. “It’s been a practice of mine, as well as other county deputies.” Sharp continued, “This is a small county, where take-home cars are authorized. With the administration’s stance that family comes first, this has enabled deputies not only to be available for duty, but also to have the freedom to be your own person.”
Sheriff’s solo stakeout
At approximately 7:10 am, Sharp’s wife, who had left the house earlier, called him on a cell phone about a suspicious vehicle parked in the road outside the couple’s residence. “My wife advised me she believed the vehicle was an unmarked vehicle from the sheriff’s office,” Sharp said. “I immediately knew that my home was under surveillance.” Approaching the vehicle, he recognized Sheriff Weldon Tucker, apparently engaged a one-man stakeout. “I confronted Sheriff Tucker and asked him if he had been watching my residence,” Sharp recalled. According to Sharp, Tucker replied, “You went 10-8 (on duty) at 6 am and you’re still at home sucking up county tax dollars. Scott, you’re fired. Bring it on in.” As explained, the phrase, “bring it on in,” meant he was to drive his county vehicle to the sheriff’s office and turn it in. At that time, Chief Deputy Don Berger also pulled up. After Tucker left the scene, Berger asked Sharp if he were headed to the office. “Since I had already been fired, I did not hesitate to inform Berger that I had been documenting various incidents of corruption within the BCSO for years – and that I had evidence to prove most of the issues,” Sharp said, adding, “Before I drove off, Don was already pulling out his cell phone.”
Berger delivers dénouenment
The Bandera County Courier by Judith Pannebaker - June 9, 2009
Deputies with the Bandera County Sheriff’s Office appear to be dropping like proverbial flies.
Blowing the whistle
After nine years of service with the BCSO, Deputy Scott Sharp was dishonorably discharged on Wednesday, May 20. Insubordination, failure to report for duty and failure to prepare for duty were cited as reasons for termination on his unsigned letter of discharge. Coincidentally, Sharp was fired just four days after meeting with County Attorney John Payne to outline allegations of what he considered a pattern of malfeasance within the sheriff’s department. If an employee reports purported misconduct to someone he believes to be in authority and the “whistle blower” is fired within a specific time period, there is a presumption of retaliatory termination, according to an attorney who was consulted for this article. Additionally, Sharp was denied an appeals hearing usually scheduled within 10 days of a termination. Former Deputy Mario Hernandez also failed to receive the obligatory hearing. However, former Deputy Chris Wilson was given an appeals hearing after being fired for failing to address four allegedly inebriated motorists who were later killed after a one-vehicle crash in November.
End of road?
“I am going to fight this with everything I have,” Sharp said, after learning about his dishonorable discharge. “A dishonorable discharge would effectively end my law enforcement career.” Sharp has been employed in law enforcement for approximately 15 years, beginning with the United States Air Force. In 1988, he graduated with honors from the US Air Force Security Police Academy as class leader and spent three years with the Air Force Security Police. After receiving a honorable discharge, Sharp enrolled in Western New Mexico University’s Law Enforcement Academy, where he maintained a 3.75 grade point average. At the age of 28, he graduated from the academy as top cadet – while raising a family at the same time. Sharp worked in law enforcement in New Mexico for two years before relocating to San Antonio where he was employed as a detention officer with the Bexar County Sheriff’s Office. He passed the Texas peace officer’s exam on his first attempt. After being commissioned, Sharp joined the BCSO, serving as a patrol officer in charge of deputy training. After being transferred to criminal investigations, Sharp was promoted to patrol sergeant – the sole supervisor of 13 deputies. He later requested and received a transfer to the Criminal Investigations Division. During a three-year period as a CID sergeant, Sharp supervised several high profile cases, including three homicide investigations – one of which was a seven-year-old cold case that involved the murder of a toddler.
Documentation downfall
From September 2005 to his termination, Sharp documented alleged corruption within the BCSO. He eventually reported his findings to the office of the 216th District Attorney, Texas Rangers Service, Federal Bureau of Investigation and the United States Drug Enforcement Agency. Sharp’s allegations of malfeasance include multiple counts of felony tampering with government records, several counts of felony tampering of physical evidence, bribery, theft, arson, misapplication of county funds for personal gain, misuse of county property, interfering in criminal investigations, civil rights violations, failure to act during a felony in progress, retaliation against employees and cruelty to animals, as well as numerous violations of Bandera County Sheriff’s Office Policies and Procedures Manual. According to Sharp, federal violations include racial discrimination, retaliation of witnesses in EEOC complaints, gender discrimination and unlawful transport, storage and disposal of hazardous chemicals.
Play by play
Discussing the sequence of events that led up to his termination on May 20, Sharp said he went on shift at 6 am as scheduled. “I started my day in the same manner as I usually do. My routine included getting ready for work just before 6 am, calling on duty over the radio at the 6 am and then spending a few moments with my family,” he said, adding, “Sometimes, I wouldn’t leave the house right away but would stay around to have breakfast.” This routine, he said, was common knowledge among his subordinates. “It’s been a practice of mine, as well as other county deputies.” Sharp continued, “This is a small county, where take-home cars are authorized. With the administration’s stance that family comes first, this has enabled deputies not only to be available for duty, but also to have the freedom to be your own person.”
Sheriff’s solo stakeout
At approximately 7:10 am, Sharp’s wife, who had left the house earlier, called him on a cell phone about a suspicious vehicle parked in the road outside the couple’s residence. “My wife advised me she believed the vehicle was an unmarked vehicle from the sheriff’s office,” Sharp said. “I immediately knew that my home was under surveillance.” Approaching the vehicle, he recognized Sheriff Weldon Tucker, apparently engaged a one-man stakeout. “I confronted Sheriff Tucker and asked him if he had been watching my residence,” Sharp recalled. According to Sharp, Tucker replied, “You went 10-8 (on duty) at 6 am and you’re still at home sucking up county tax dollars. Scott, you’re fired. Bring it on in.” As explained, the phrase, “bring it on in,” meant he was to drive his county vehicle to the sheriff’s office and turn it in. At that time, Chief Deputy Don Berger also pulled up. After Tucker left the scene, Berger asked Sharp if he were headed to the office. “Since I had already been fired, I did not hesitate to inform Berger that I had been documenting various incidents of corruption within the BCSO for years – and that I had evidence to prove most of the issues,” Sharp said, adding, “Before I drove off, Don was already pulling out his cell phone.”
Berger delivers dénouenment
As Sharp was clearing out his office at the stationhouse, Berger purportedly delivered a message from Tucker, stating that Sharp was being put on an unpaid suspension, but had not been fired. Sharp recalled Berger saying, “I’m just here to give you the message. It’s not my decision.” “Don was clearly trying to distance himself from the situation, realizing that he might be implicated,” Sharp said. When Sharp asked to speak to Tucker to clarify his situation, Berger said the sheriff was unavailable. “The sheriff chose to leave so that he didn’t have to face the issue,” Sharp said. He added, “Hiding from confrontations is a common behavior for the sheriff.” Sharp left the office and returned to his residence. Approximately five hours later, he received a call from Berger, who informed him that Tucker had decided to terminate him – for a second time. “I said, ‘Let me get this straight. First I was terminated, then suspended, and now you’re telling me I’m terminated again. Is that right?’ To which Don replied, ‘Yes, we’re just going to go ahead and terminate you’,” Sharp said. Although Sharp’s termination letter does not contain a write-up of the “termination-unpaid suspension-termination” scenario, Sharp has obtained a tape on which Berger acknowledges the erratic way Tucker handled the situation.
Enter EEOC
Enter EEOC
Additionally, Sharp also stated he has forwarded a sworn affidavit to the EEOC relating to racial discrimination he witnessed against Hernandez, as well as a second sworn affidavit about retaliatory measures taken against him which he felt were related to the same EEOC complaint. Sharp is also contemplating suing Bandera County under the “Whistle Blowers” Act, not only for his termination but also for additional reprisals that occurred after his attempts to uncover and document claims of corruption and misconduct within the BCSO. Sharp has obtained an attorney through the Texas Municipal Police Association, an organization that provides local representation and legal assistance to members who are peace officers, reserve officers and public safety employees. He also plans to hire a second attorney who specializes in labor law. Emphasizing he is not “some disgruntled employee who just got fired and brought these charges up all of a sudden,” Sharp pointed out, “I went forward with these allegations of corruption over five months ago – without any help from authorities.” The Courier made calls to Payne and DA Bruce Curry requesting confirmation that Sharp’s allegations are being investigated. Payne did not return the call prior to press time. ADA Steve Wadsworth, however, noted that Curry takes allegations of misconduct lodged against law enforcement officers and depar
Sunday, June 7, 2009
Former Narcotics Detective Go On Trial
2 former IMPD narcotics detectives go on trial this week in corruption case
The IndyStar.com by Jon Murray - May 31, 2009
IMPD whistleblower’s tip got the ball rolling for FBI.
jon.murray@indystar.com
The IndyStar.com by Jon Murray - May 31, 2009
IMPD whistleblower’s tip got the ball rolling for FBI.
jon.murray@indystar.com
The FBI was watching. Two guilty pleas
Within months of that shakedown, FBI investigators would uncover the worst Indianapolis police corruption scandal in years, resulting in a federal indictment in June 2008 against the two narcotics detectives and the patrolman. This week, former Detectives Robert B. Long, 35, and Jason P. Edwards, 38, are set to face a jury on conspiracy, drug and firearms charges. Federal prosecutors have painted Long as the conspiracy’s leader. The trial likely will include hours of intercepted phone conversations and testimony against the former detectives by the patrolman, James D. Davis, 34. He has pleaded guilty and accepted the prospect of 10 to 15 years in prison. Prosecutors say they’ll present evidence of the detectives’ misdeeds in the three months after the March shakedown by Long and Davis, which was actually a test engineered by the FBI. Agents used a state trooper posing as a drug courier in an attempt to verify a tip about some bad cops. Before the FBI was watching, prosecutors say, the officers’ escapades ranged from $900 swiped during a patdown to $125,000 stolen from a Bentley luxury car that was a target of a federal drug investigation. The prospect of easy riches lured the officers back time and again, court documents say, despite close calls. Edwards had been suspended just before the shakedown on accusations that he cashed a $725 money order swiped from a suspect’s wallet. Edwards’ attorney, Kevin McShane, declined to comment on earlier conduct but did say that only incidents covered by the indictment should be presented to the jury. “We look forward to going to trial and defending those allegations,” McShane said. Long’s attorneys, Jeffrey Mendes and Ralph Staples, said they plan a vigorous defense. Long faces what effectively would be a life sentence if he is convicted on all counts; Mendes said prosecutors’ best plea offer so far is 35 years in prison. The lead charge against both defendants says they conspired to possess and intended to distribute at least 50 kilograms — or 110 pounds — of marijuana. The men were part of IMPD’s 19-member narcotics unit, a key organization combating a drug trade that is tied to so many other crimes in the city. Indianapolis attorney Martin Solomon represents Long’s cousin Kabec Higgins, a fourth defendant who pleaded guilty. Solomon says excerpts from wiretaps and other evidence in the case startled him. Prosecutors say the officers handed over much of the marijuana they stole to Higgins, who estimated he sold 100 pounds or more for the detectives. “I would read this stuff, and it was amazing,” Solomon said. “They were like common criminals. It’s like something you see on television. It’s unbelievable.”
A decade together
Long, Edwards and Davis met at the Indianapolis Police Department training academy in 1998. Edwards and Long would become partners in IPD’s narcotics unit, but Davis dropped out of the academy. He joined the Marion County Sheriff’s Department in 2004 and became an officer on the merged metropolitan police force in 2007. Since 2001 or 2002, according to a trial brief filed by prosecutors May 18, Davis had heard Long and Edwards talk about “cuffing”: swiping money, firearms, jewelry and even flat-panel televisions during drug searches. In 2006, according to Davis, Long — a former Marine — asked him to help for the first time. Davis said he helped control the crowd outside the scene of a drug raid as Long carried a box of about 30 pounds of marijuana to his trunk, intending for a relative in Detroit to sell it. On the night of his arrest last year, Edwards gave a slightly different account of the time frame, telling investigators he and Long began stealing drugs and money from dealers in 2007. “Edwards and Long used James Davis as a uniform officer to stop drug dealers using Davis’ IMPD marked police car,” says a summary of Edwards’ statement, filed in February with a prosecution motion. “James Davis also assisted as a uniform presence during bogus search warrants conducted by Jason Edwards and Robert Long,” the summary continued. By then, all three men were married and had school-age children. Long and Edwards used some of the money they were bringing in to travel, including a first-class trip to Hawaii taken by Long and his wife, the trial brief says. How else the money may have been spent or how much the officers might have obtained has not been spelled out. Edwards told investigators that in 2007, the officers stole 30 to 40 pounds of marijuana and an ounce or two of cocaine from dealers and intercepted parcels, often turning to Higgins, nicknamed “Spank,” to sell the drugs. Marijuana, provided a few pounds at a time, would sell for $200 to $500 a pound, according to Higgins’ statements in the trial brief. He sold a half-kilogram of cocaine — a little more than a pound — for $12,000 in January 2008. Higgins, now 32, has pleaded guilty to conspiracy. He told prosecutors he was seeking a fresh start in 2004 when he moved to Indianapolis from Kentucky, where he had drug convictions. Soon, he said, Long was providing him with small amounts of marijuana for his own use and enlisting his help.
Dodging suspicion
There were close calls before last year, court documents show. In December 2006, federal investigators were concerned by a search the officers made of a house in the 5200 block of Southeastern Avenue. Edwards, Davis and Long used a search warrant and took a few thousand dollars but left more money behind, according to the trial brief. The feds, who were investigating the same suspect’s involvement in a methamphetamine ring, heard panicked chatter about the unexpected IMPD search on tapped cell phones. Investigators questioned Edwards, who defended the search. Davis told prosecutors that Long and Edwards jeopardized a major investigation for a lucrative payoff. In June 2007, while Davis was out of town, Long took part in drug raids that involved IMPD, the FBI and other agencies. There was talk of a Bentley packed with cash. Long and Edwards found it first. They broke into the trunk and stole about $125,000, the prosecutors’ trial brief says. Eventually, Edwards may have picked on a victim willing to speak up. During the search of a home in December 2007, according to a probable cause affidavit, Edwards took the money order from a suspect’s wallet and cashed it. The suspect complained, and Marion County prosecutors charged Edwards with theft and forgery in March 2008. The case is still pending. The IMPD suspended Edwards. Long and Davis continued to work. Even then, the larger investigation was only starting. A tip from inside IMPD brought deeper scrutiny of the trio. Chief Michael Spears would not elaborate on the whistleblower. U.S. Attorney Timothy M. Morrison would not comment about the case last week. But the tip was enough to spur the FBI to try its test later in March. That, in turn, would serve as the FBI’s basis for wiretaps on Long’s and Edwards’ phones, recording thousands of conversations through June 2008. “Long and the other cops were so dirty that they didn’t even see that they were being set up,” said Solomon, Higgins’ attorney. “One honest cop doing his job tipped off the feds.”
FBI sets up stings
During the trial, prosecutors could cite some incidents that allegedly occurred before the FBI started surveillance to buttress their arguments, and it is possible new names could surface. But Edwards’ and Long’s charges are based solely on conduct under the FBI’s watch, sometimes in new setups. Among those actions, a law enforcement officer in Arizona alerted Long to an inbound shipment of marijuana, and prosecutors say that by the time the 50-pound package reached IMPD’s property room, only 20 pounds remained. Long also is accused of whipping up a fake search warrant for a Southside apartment in a quest for a major dope haul. “Dog, if this (expletive) work out right, it be equal damn near last summer,” Long told Edwards on one call, the indictment says. “It’ll blow last summer out of the water. ..... All together, the next two weeks, and I’m retired.” But the search by Long and Davis was fruitless, and the three officers would chart only one more mild success. Five days later, prosecutors said, the officers busted into a Near-Northside house and found $18,300 and 5 pounds of marijuana. Davis wiped their fingerprints off the door, but he didn’t need to bother. It was the FBI that stashed the loot in the house, and agents were less than two weeks from closing in.
Additional Facts
THE INDICTMENTS: DETAILS
PLAYERS
The roles of key players in the scandal, according to a federal indictment:
- The ringleader: Ex-Indianapolis Metropolitan Police Department Detective Robert B. Long. An FBI sting caught him pulling his unmarked car up behind a uniformed officer's traffic stop of a drug courier. The officers took $20,000 and split it with the informant who had tipped Long off.
- The partner: Ex-IMPD Detective Jason P. Edwards. Suspended on suspicion of theft, he was doing surveillance for Long when the FBI sting took place.
- The uniform: Ex-Patrolman James D. Davis. His marked car and IMPD uniform helped detectives stop dealers in traffic and control the scene during thefts.
- The dealer: Kabec Higgins. The detectives turned to Long's cousin, who had been convicted of several drug offenses, to sell the marijuana they stole.
- Country Club Apartments -Acting on a tip from an informant, Long and Davis use a bogus search warrant to enter a unit of the Southside complex in the 300 block of Troy Avenue, the indictment against them says. Before entering the apartment, according to the indictment, Long tells Edwards in a wiretapped phone call: "Dog, if this (expletive) work out right, it be equal damn near last summer." They expected to find cash stuffed in trash bags, the indictment says, but came up empty.
- Kenwood Avenue home -Tipped by an informant, according to the indictment, Long, Edwards and Davis enter a vacant house in the 2200 block of Kenwood Avenue on the Near Northside. They find $18,300 and 5 pounds of marijuana.
OTHER ARRESTS OF IMPD OFFICERS
- Several Indianapolis Metropolitan Police Department officers have been arrested in the past year and charged with misconduct or corruption-related crimes.
Jan. 13, 2009: James Ingalls, 41, faced charges of official misconduct and patronizing a prostitute after officials said he used his access to a Westside elementary where he moonlighted as a security guard for trysts with a prostitute. He pleaded guilty last week to official misconduct and received a year on probation and community service.
Aug. 21, 2008: Marion County prosecutors filed charges of rape, criminal deviate conduct and other crimes against Anthony S. Smith, 37, saying he forced a 19-year-old woman to have sex with him or go to jail. The case is pending.
Aug. 14, 2008: Christopher Poindexter, 35, was arrested after, police say, he filed a false report to cover up an accident in which his fiancee sideswiped a vehicle while driving his department-issued cruiser. A judge acquitted him of the charge in February.
July 2, 2008: An Indianapolis police officer and his wife were accused of running a prostitution ring out of their Greenwood home, and a former top criminal justice agency official was arrested and charged with patronizing a prostitute. Officer Jeremy Lee, then 30, was fired after Johnson County prosecutors filed a felony charge of aiding in promoting prostitution against him. His wife, Lori Vernon-Lee, then 36, faces five felony counts of promoting prostitution. The case is pending.
June 27, 2008: Jason S. Barber, 32, a narcotics investigator, was arrested and charged with two felonies, accused of selling a handgun to a convicted burglar. The case is pending.
April 4, 2008: Noble Duke pleaded guilty in U.S. District Court after admitting he tipped off an acquaintance to a June 2007 drug raid; that information later reached some of the investigation's targets.
WHAT'S NEXT
A trial begins Monday in U.S. District Court in Indianapolis, before Judge Larry J. McKinney, and likely will stretch into next week. Former Indianapolis Metropolitan Police Department narcotics Detectives Robert B. Long and Jason P. Edwards face charges of conspiracy to possess with intent to distribute at least 50 kilograms -- or 110 pounds -- of marijuana. They also face other drug and firearms charges.
POTENTIAL PENALTIES- Long: If convicted of all counts, he could face 55 to 95 years in prison.
- Edwards: If convicted of all counts, he could face five to 40 years in prison.
FALLOUT OF THE CASE
The indictments of Long, Edwards and two others had far-reaching effects inside and outside IMPD. After their arrests:
- Marion County prosecutors dismissed at least 20 pending cases investigated by Long and Edwards, most involving drug dealing and possession.
- IMPD brass announced an "integrity plan" that included mandatory performance evaluations and better recruiting. Some items were tailored to the case, including random polygraph testing for officers in narcotics, vice, intelligence and the property room; and tighter oversight by supervisors over searches and evidence collection.
GLOSSARY
U.S. attorneys have indicated they might call an FBI special agent to testify about code language used by the officers during intercepted phone calls. Among the terms:
- Cuffing: The theft of property by police officers during a search.
- Ticket: The price charged for marijuana.
- Flip it: Distribute or sell seized marijuana.
- Get a legit one: Obtain a legal search warrant.
- Print one out and put some (expletive) on it: Create a fictitious search warrant.
- Cake: Money.
- Strap: A gun.
Sources: U.S. District Court documents, Star archives
Saturday, June 6, 2009
Tame Corruption County
Tame Corruption County
The Palm Beach Post - EDITORIAL - May 28, 2009
The grand jury report released Wednesday by State Attorney Michael McAuliffe offers a progressive, practical way to start a makeover that can turn Corruption County back into Palm Beach County. The report, correctly, aims not to single out any politician for wrongdoing but to proclaim that no politician or bureaucrat is above the law. "The status of ethics in governance," the report said, "is a concussion on the body politic which needs attention and follow-up care to heal." The report endorses creation of an independent inspector general's office to ferret out corruption and waste. It also calls for creation of an ethics panel, criminalized ethics laws and changes in how Palm Beach County buys land and picks bond underwriters. Commissioners opposed to an inspector general say that it would duplicate existing audit and police functions and would cost too much in a tough budget year. Not only are they wrong and shortsighted, as the report shows, but they look like obstructionists interested in preserving a corrupt system. The recommendations have no appeal for entrenched business interests - the insiders who profit from the system, often at the public's expense - because they are the report's targets. A business climate tightly controlled by insiders carries a cost for the entire community. The need to end that approach and welcome new, unaffiliated businesses recently was listed as a priority of the Economic Council of Palm Beach County. Corruption is the wrong image for an area trying to develop new industries, such as biotechnology. To rebut opposition over the cost of setting up an inspector general's office, the report makes the enlightened recommendation that commissioners convert what remains of their "discretionary" accounts, more than $1 million a year distributed until last year to every commissioner for projects of their choice. The accounts contain $3.4 million. That would be enough to start. Ultimately, the inspector general would survive on a dedicated tax source. The report recommends the Miami-Dade County model, a small tax on every vendor contract. It also cites the savings in Miami-Dade: more than $160 million in 10 years. The report correctly dismisses expanding the role of the county internal auditor, which focuses on policy, not criminal acts. Insiders have mastered the art of following policy. The question is whether the public is being ripped off. Additionally, the 21-member grand jury rejects a proposal for Clerk and Comptroller Sharon Bock to be the watchdog. The clerk is the county's chief financial officer, an inherent conflict, and an elected official who should not monitor other elected officials. Mr. McAuliffe set up and guided the grand jury's broad-ranging study. Previously, the state attorney's office was silent while the U.S. attorney's office used the federal honest services law - there is no state version - to put politicians in prison. With this report, Mr. McAuliffe and the grand jury seek to change the focus from "Who's next?" to "How does this end?" The work recommended in this report can't start soon enough.
The Palm Beach Post - EDITORIAL - May 28, 2009
The grand jury report released Wednesday by State Attorney Michael McAuliffe offers a progressive, practical way to start a makeover that can turn Corruption County back into Palm Beach County. The report, correctly, aims not to single out any politician for wrongdoing but to proclaim that no politician or bureaucrat is above the law. "The status of ethics in governance," the report said, "is a concussion on the body politic which needs attention and follow-up care to heal." The report endorses creation of an independent inspector general's office to ferret out corruption and waste. It also calls for creation of an ethics panel, criminalized ethics laws and changes in how Palm Beach County buys land and picks bond underwriters. Commissioners opposed to an inspector general say that it would duplicate existing audit and police functions and would cost too much in a tough budget year. Not only are they wrong and shortsighted, as the report shows, but they look like obstructionists interested in preserving a corrupt system. The recommendations have no appeal for entrenched business interests - the insiders who profit from the system, often at the public's expense - because they are the report's targets. A business climate tightly controlled by insiders carries a cost for the entire community. The need to end that approach and welcome new, unaffiliated businesses recently was listed as a priority of the Economic Council of Palm Beach County. Corruption is the wrong image for an area trying to develop new industries, such as biotechnology. To rebut opposition over the cost of setting up an inspector general's office, the report makes the enlightened recommendation that commissioners convert what remains of their "discretionary" accounts, more than $1 million a year distributed until last year to every commissioner for projects of their choice. The accounts contain $3.4 million. That would be enough to start. Ultimately, the inspector general would survive on a dedicated tax source. The report recommends the Miami-Dade County model, a small tax on every vendor contract. It also cites the savings in Miami-Dade: more than $160 million in 10 years. The report correctly dismisses expanding the role of the county internal auditor, which focuses on policy, not criminal acts. Insiders have mastered the art of following policy. The question is whether the public is being ripped off. Additionally, the 21-member grand jury rejects a proposal for Clerk and Comptroller Sharon Bock to be the watchdog. The clerk is the county's chief financial officer, an inherent conflict, and an elected official who should not monitor other elected officials. Mr. McAuliffe set up and guided the grand jury's broad-ranging study. Previously, the state attorney's office was silent while the U.S. attorney's office used the federal honest services law - there is no state version - to put politicians in prison. With this report, Mr. McAuliffe and the grand jury seek to change the focus from "Who's next?" to "How does this end?" The work recommended in this report can't start soon enough.
Friday, June 5, 2009
Exposure of Corruption Scandals Lead to Improvement
Study: LAPD improved since corruption scandals
The San Francisco Chronicle - May 29, 2009
The San Francisco Chronicle - May 29, 2009
Los Angeles, CA (AP) -- A Harvard University study released Friday of the Los Angeles Police Department found the department greatly improved since corruption scandals forced it under a federal consent decree in 2002. The Kennedy School of Government's study, which was commissioned last year by police Chief William Bratton, found the LAPD has reduced crime since the decree was enacted but continued to alienate some minorities who claimed officers treated them unfairly. The study included observation of officers and focus groups and surveys of officers, residents and people who had been arrested by the LAPD. Researchers found that officers were making more pedestrian and vehicle stops, and more of those were leading to arrests and felony prosecutions. The analysis found that crime is down across the city and most residents do not see crime as a major problem. Surveys also found that some Hispanic and black residents were not satisfied with the department and felt officers did not treat them respectfully. The department entered the consent decree after the Department of Justice threatened to sue the city over a pattern of police misconduct. Two high profile cases from the 1990s included the beating of Rodney King and the scandal at its Rampart division, in which officers beat, shot and framed suspects, dealt drugs and covered up their crimes. The study said the department has improved with help from a tracking system that helps supervisors identify officers who generate more civilian complaints and use more force than their peers. It also credited software that allows precinct leaders to target resources at crime-prone areas. A federal judge this summer will review whether the consent decree — which allowed the Justice Department to oversee LAPD's reforms — should continue.
Thursday, June 4, 2009
Police Chief Convicted of Racketeering
Former Melrose Park police chief convicted
By Chuck Goudie - June 1, 2009
By Chuck Goudie - June 1, 2009
CHICAGO, IL -- Former Melrose Park Police Chief Vito Scavo has been convicted of racketeering and fraud in what authorities described as a decade of corruption. The verdict follows a seven week trial during which Scavo was prosecuted on 22 counts of extortion, racketeering conspiracy, obstruction of justice, mail and wire fraud, and filing false personal and corporate income taxes. The federal court jury had deliberated for five-and-a-half hours. During the ten years that Scavo was chief, prosecutors contended that he ran his department as an illegal racketeering enterprise. Instead of working to serve and protect, authorities said he devoted much of his on-duty time to extortion, intimidation and lying. Scavo was indicted on charges he used Melrose Park police personnel and equipment for his own private security ventures -- one firm in which he had a financial stake and another unlicensed firm that Scavo solely owned. Prosecutors said Melrose Park businesses, such as Jewel, were told if they were going to hire private security, they needed to go through Chief Scavo."They were told falsely - it is alleged - that the police officers were insured, that they were off duty, and they were also told, if they did not hire these people, there'd be consequences," said U.S. Attorney Patrick Fitzgerald when Scavo was charged. He was on trial with Gary Montino - the current Deputy chief and Michael Wynn, a part time cop. They too were convicted. In addition to the alleged private security scam, prosecutors said Scavo set up ghost payrolling and also lined his pockets by charging parking fees to visitors of a local haunted house during Halloween.
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