Two Queens cops probed following driver Michael Murphy's fatal beating
The New York Daily News by Rocco Parascandola, Police Bureau Chief - EXCLUSIVE - November 23, 2010
Two Queens cops are under investigation for a mysterious road-rage incident in which a 53-year-old man was killed - possibly with a baseball bat, the Daily News has learned. Michael Murphy, 53, died at Jamaica Hospital April 10, eight days after he was pulled over for driving drunk and hitting off-duty Officer Frankie Soler in the hands and face with a bat, police said. Soler, who had another off-duty cop in his car, responded in self-defense, knocking Murphy to the ground with a punch to the face, cops said. A lawyer for Murphy's widow has handed the Queens district attorney's office six witness accounts that described Soler - a wide receiver for the NYPD football team - as the aggressor, flooring Murphy with a sucker punch to the head. Another witness told an EMS worker at the scene Murphy had been beaten by Soler and his companion, "then batted," said the lawyer, George Stavropoulos. Murphy regained consciousness at the hospital for a short time, but never spoke again and was placed in a medically induced coma before he died. The medical examiner declared his death a homicide and said he died of complications from blunt force trauma to the head. Authorities are still trying to determine if Soler and fellow two-year veteran, Officer Richard Pimental, acted in self-defense - or outside the law. Murphy's widow, Alane Avallone, has a pending wrongful death suit against the city and the NYPD. She said nothing about that incident should have cost her husband his life. "If [he was driving drunk] then my husband needed to take responsibility for that action and that error in judgment," said Avallone, 56. "I have no issue with that, but he didn't deserve to die that night." Avallone and Stavropoulos met recently with Queens prosecutors handling the case. A spokesman would say only that the case remains under investigation. Neither Soler nor Pimental, who have remained on full duty since the incident, responded to requests for comment. The NYPD said "there has been no change in the case." The officers have been "fully cooperating" in the investigation, said their lawyer Steven Worth. Murphy, a father of two from East Meadow, was the son of a retired NYPD lieutenant. He lost his IT job with Citibank some time ago, then was laid off from a job in the mortgage industry before getting a job at a Queens plumbing company. The night he was pulled over, police said, Murphy drove his Jeep into the back of Soler's Missan as Soler and Pimental headed to work at the 110th Precinct. Stavropoulos said there was no visible damage to Murphy's Jeep and that the only reason Murphy didn't pull over right away was because the cops refused to show an ID. "I am certain he didn't believe they were police officers," Stavropoulos said. He also said Murphy kept a bat in his car because he needed it to whack the car's faulty ignition from time to time. In the car with Murphy at the time was his boss, Michael Rispoli, who was charged with tampering with evidence for retrieving the bat after it was flung over a fence. Charges against Rispoli were recently dropped. He could not be reached for comment. rparascandola@nydailynews.com.
Tuesday, November 23, 2010
Tuesday, November 16, 2010
Four More Cops Suspended In Alleged Moonlighting Misconduct
Four more Prince George's officers suspended in alleged moonlighting misconduct
The Washington Post by Ruben Castaneda and Matt Zapotosky - November 10, 2010
Four additional Prince George's County police officers have been suspended in connection with an incident last month in which an officer who was moonlighting as a security guard hit a college student outside a party in Beltsville, authorities said Monday. Officer Dominique Richardson was suspended after the Oct. 30 incident, in which Steven Morales, 20, said Richardson knocked him on the ground with a punch, then placed him in a chokehold. Police Chief Roberto L. Hylton has suspended four more officers, who also were moonlighting at the party, officials said. Maj. Andrew Ellis, a police spokesman, said the officers are being suspended pending an internal investigation to determine whether they saw and failed to report misconduct by another officer. Investigators are trying "to sort out who did what," Ellis said. He declined to identify the additional officers suspended. Morales, a student at the College of Southern Maryland, said he was trying to get into a fraternity party at a Beltsville warehouse when he asked Richardson, who was guarding the door, for help. The party was crowded and other partygoers pushed him forward, he said. The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. He said he was pushed toward the officer and might have brushed against him. That was when the officer hit him, Morales said. Police never arrested Morales or accused him of a crime. None of the officers offered him medical aid even though he was bleeding, Morales said. Documents and police sources identified the other suspended officers as: Officer Luis Perez, Officer Marcus Elbert, Officer Terrence Sanders and Officer Charles Pickard. Richardson and the others are suspended with pay. Richardson has not returned phone calls. The other officers declined to comment through Vince Canales, president of the Fraternal Order of Police, Lodge 89. In an interview, Morales said that after he was slugged and knocked to the ground, Richardson briefly placed him in a chokehold. Another police officer picked him up and placed him against the hood of a police car, Morales said. When he turned to look at the two officers, Richardson shouted, " 'Get the [expletive] out of here,' " Morales said. The force of the punch almost knocked out one of his front teeth, Morales said. Morales's father, Luciano Morales, a D.C. police officer, said he spoke with Richardson shortly after the incident. Richardson acknowledged that he hit Steven and accused the younger Morales of assaulting him, Luciano Morales said. Richardson did not explain why he did not charge Steven or seek medical assistance for him, Luciano Morales said. Hylton banned officers from moonlighting at the Beltsville warehouse. castanedar@washpost.com and zapotoskym@washpost.com
The Washington Post by Ruben Castaneda and Matt Zapotosky - November 10, 2010
Four additional Prince George's County police officers have been suspended in connection with an incident last month in which an officer who was moonlighting as a security guard hit a college student outside a party in Beltsville, authorities said Monday. Officer Dominique Richardson was suspended after the Oct. 30 incident, in which Steven Morales, 20, said Richardson knocked him on the ground with a punch, then placed him in a chokehold. Police Chief Roberto L. Hylton has suspended four more officers, who also were moonlighting at the party, officials said. Maj. Andrew Ellis, a police spokesman, said the officers are being suspended pending an internal investigation to determine whether they saw and failed to report misconduct by another officer. Investigators are trying "to sort out who did what," Ellis said. He declined to identify the additional officers suspended. Morales, a student at the College of Southern Maryland, said he was trying to get into a fraternity party at a Beltsville warehouse when he asked Richardson, who was guarding the door, for help. The party was crowded and other partygoers pushed him forward, he said. The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. He said he was pushed toward the officer and might have brushed against him. That was when the officer hit him, Morales said. Police never arrested Morales or accused him of a crime. None of the officers offered him medical aid even though he was bleeding, Morales said. Documents and police sources identified the other suspended officers as: Officer Luis Perez, Officer Marcus Elbert, Officer Terrence Sanders and Officer Charles Pickard. Richardson and the others are suspended with pay. Richardson has not returned phone calls. The other officers declined to comment through Vince Canales, president of the Fraternal Order of Police, Lodge 89. In an interview, Morales said that after he was slugged and knocked to the ground, Richardson briefly placed him in a chokehold. Another police officer picked him up and placed him against the hood of a police car, Morales said. When he turned to look at the two officers, Richardson shouted, " 'Get the [expletive] out of here,' " Morales said. The force of the punch almost knocked out one of his front teeth, Morales said. Morales's father, Luciano Morales, a D.C. police officer, said he spoke with Richardson shortly after the incident. Richardson acknowledged that he hit Steven and accused the younger Morales of assaulting him, Luciano Morales said. Richardson did not explain why he did not charge Steven or seek medical assistance for him, Luciano Morales said. Hylton banned officers from moonlighting at the Beltsville warehouse. castanedar@washpost.com and zapotoskym@washpost.com
Monday, November 15, 2010
Cop Who Allegedly Slugged College Student Suspended
Prince George's officer who allegedly slugged college student suspended
The Washington Post by Ruben Castaneda - November 3, 2010
A Prince George's County police officer who was moonlighting as a security guard at a party last weekend was suspended after he allegedly hit an unarmed college student in the mouth, then briefly placed the young man in a chokehold, officials said. The officer, Dominique Richardson, was suspended Tuesday night, police officials said. Police have launched an internal investigation, said Maj. Andrew Ellis, a police spokesman. Richardson, who is assigned to District I in Hyattsville, did not respond to a phone message left at his police station Tuesday. Half of a front tooth was almost knocked out in Steven Morales, 20, of Waldorf, a student at the College of Southern Maryland, Morales and his attorney, Terrell N. Roberts III, said. A dentist has said Morales will eventually lose the tooth, Roberts said. Morales said he was near the door of a warehouse on Somerset Avenue in Beltsville, where the party took place, about 1 a.m. Saturday. Morales said he had a ticket for the event. A man wearing a Prince George's police badge around his neck - Richardson, according to county police - was acting as a security officer, guarding the entrance. Morales said there was not a single-file line, and he was surrounded from behind and from both sides by people trying to get into the warehouse. Morales said he asked the officer, politely, "Can you help me?" The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. The crowd kept pushing forward, Morales said. Morales said he may have been pushed into the officer. If he did make contact, "it wasn't that hard of a push," Morales said. About the same time, he said, he asked the officer for help. The officer grabbed him with one hand, reared back with his free arm and slugged him in the mouth, Morales said. Morales said he fell backward as other partygoers scattered. The back of his head bounced off the concrete, Morales said. The officer briefly put him in a chokehold, Morales said. Another officer picked him up and put him against the hood of a police car, Morales said. Morales said he turned around, and Richardson said, "Get the [expletive] out of here." Neither officer accused him of a crime or asked whether he needed medical attention, Morales said. Morales drove home and told his father, Luciano Morales, a 22-year veteran of the D.C. police, what had happened. The older Morales, who was dressed in his uniform, preparing for his work shift, drove his son back to the warehouse. Luciano Morales said he and Steven met with Richardson. Richardson acknowledged that he hit Steven and accused Steven of assaulting him, Luciano Morales said. Richardson did not explain why he did not arrest someone who assaulted him, Luciano Morales said. Luciano said his son was so bloodied that he initially thought he had been stabbed. "I know there are bad officers everywhere, but this touched home," Luciano Morales said.
The Washington Post by Ruben Castaneda - November 3, 2010
A Prince George's County police officer who was moonlighting as a security guard at a party last weekend was suspended after he allegedly hit an unarmed college student in the mouth, then briefly placed the young man in a chokehold, officials said. The officer, Dominique Richardson, was suspended Tuesday night, police officials said. Police have launched an internal investigation, said Maj. Andrew Ellis, a police spokesman. Richardson, who is assigned to District I in Hyattsville, did not respond to a phone message left at his police station Tuesday. Half of a front tooth was almost knocked out in Steven Morales, 20, of Waldorf, a student at the College of Southern Maryland, Morales and his attorney, Terrell N. Roberts III, said. A dentist has said Morales will eventually lose the tooth, Roberts said. Morales said he was near the door of a warehouse on Somerset Avenue in Beltsville, where the party took place, about 1 a.m. Saturday. Morales said he had a ticket for the event. A man wearing a Prince George's police badge around his neck - Richardson, according to county police - was acting as a security officer, guarding the entrance. Morales said there was not a single-file line, and he was surrounded from behind and from both sides by people trying to get into the warehouse. Morales said he asked the officer, politely, "Can you help me?" The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. The crowd kept pushing forward, Morales said. Morales said he may have been pushed into the officer. If he did make contact, "it wasn't that hard of a push," Morales said. About the same time, he said, he asked the officer for help. The officer grabbed him with one hand, reared back with his free arm and slugged him in the mouth, Morales said. Morales said he fell backward as other partygoers scattered. The back of his head bounced off the concrete, Morales said. The officer briefly put him in a chokehold, Morales said. Another officer picked him up and put him against the hood of a police car, Morales said. Morales said he turned around, and Richardson said, "Get the [expletive] out of here." Neither officer accused him of a crime or asked whether he needed medical attention, Morales said. Morales drove home and told his father, Luciano Morales, a 22-year veteran of the D.C. police, what had happened. The older Morales, who was dressed in his uniform, preparing for his work shift, drove his son back to the warehouse. Luciano Morales said he and Steven met with Richardson. Richardson acknowledged that he hit Steven and accused Steven of assaulting him, Luciano Morales said. Richardson did not explain why he did not arrest someone who assaulted him, Luciano Morales said. Luciano said his son was so bloodied that he initially thought he had been stabbed. "I know there are bad officers everywhere, but this touched home," Luciano Morales said.
Sunday, November 14, 2010
Watchdog Groups Rip U.S. Marshals Nominee
Watchdog groups rip marshals nominee
The Washington Times by y Jim McElhatton - November 10, 2010
Conflict of interest issue raised as an objection
Eight prominent human rights and prison industry watchdog groups Tuesday announced their opposition to U.S. Marshal nominee Stacia Hylton, a longtime Justice Department veteran who recently worked as a consultant to one of the nation's largest private prison companies. The organizations raised conflict of interest charges concerning Ms. Hylton's consulting work earlier this year for the Florida-based GEO Group, which has held of millions of dollars in contracts with the Marshals Service. "It is extremely worrisome that Ms. Hylton is nominated for a position where she would be directly involved in overseeing contracts with private prison companies to house federal detainees, given her cozy relationship with the private prison industry and her acceptance of funding from the GEO Group through her consulting work," said Ken Kopczynski, director of the Private Corrections Working Group, a nonprofit watchdog group. Citing a report last month by The Washington Times, the groups pointed out Ms. Hylton's acceptance of $112,500 in consulting fees from the GEO Group after leaving her post earlier this year as federal detention trustee. "This is a prime example of the revolving door between the public and for-profit private sectors turning full circle," said Alex Friedmann, associate editor of Prison Legal News, a project of the Human Rights Defense Center that reports on criminal justice issues. "After cashing in on her experience in public law enforcement by taking a consulting job with GEO Group, Ms. Hylton has now been nominated for a high-level federal position where she will oversee detention services for the U.S. marshals, including services provided by private prison firms such as GEO," he said. The organizations plan to discuss their concerns with the White House and the Senate Judiciary Committee. They said neither the White House nor the GEO Group responded to their questions about Ms. Hylton's relationship with the company. Among the organizations opposing the nomination are the Alliance for Justice, the National Lawyers Guild, International Cure, the Detention Watch Network, Grassroots Leadership and the Justice Policy Institute. Last month, a White House official said Ms. Hylton would not require a waiver from Mr. Obama's ethics rules, which bar appointees for two years from working on matters involving recent clients. So far, more than two dozen high-level appointees have been given full or partial waivers. "After review, it was determined ... she could easily be recused from participating in particular matters in which that client was a party," said the official. "This recusal, along with the Obama administration's ethics pledge and other ethics restrictions, will ensure that she can serve ably and effectively as director of the U.S. Marshals Service." Ms. Hylton wasn't working as an employee of the company, but provided services to GEO Group through her consulting company, Virginia-based Hylton Kirk & Associates. GEO Group was the only client on her financial disclosure form, for whom she said she did "consulting services for detention matters, federal relations and acquisitions and mergers" from March through July of this year. Marshals Service contracts generate an important source of revenue for the GEO Group. Ms. Hylton has supporters, including the National Sheriff's Association, which told the Judiciary Committee of her "extraordinary qualifications, experience and expertise." Ms. Hylton said if she is confirmed, her consulting firm would remain dormant except to comply with any legal and tax requirements while it's inactive. She also said $105,000 in annual retirement pay would end upon her appointment.
The Washington Times by y Jim McElhatton - November 10, 2010
Conflict of interest issue raised as an objection
Eight prominent human rights and prison industry watchdog groups Tuesday announced their opposition to U.S. Marshal nominee Stacia Hylton, a longtime Justice Department veteran who recently worked as a consultant to one of the nation's largest private prison companies. The organizations raised conflict of interest charges concerning Ms. Hylton's consulting work earlier this year for the Florida-based GEO Group, which has held of millions of dollars in contracts with the Marshals Service. "It is extremely worrisome that Ms. Hylton is nominated for a position where she would be directly involved in overseeing contracts with private prison companies to house federal detainees, given her cozy relationship with the private prison industry and her acceptance of funding from the GEO Group through her consulting work," said Ken Kopczynski, director of the Private Corrections Working Group, a nonprofit watchdog group. Citing a report last month by The Washington Times, the groups pointed out Ms. Hylton's acceptance of $112,500 in consulting fees from the GEO Group after leaving her post earlier this year as federal detention trustee. "This is a prime example of the revolving door between the public and for-profit private sectors turning full circle," said Alex Friedmann, associate editor of Prison Legal News, a project of the Human Rights Defense Center that reports on criminal justice issues. "After cashing in on her experience in public law enforcement by taking a consulting job with GEO Group, Ms. Hylton has now been nominated for a high-level federal position where she will oversee detention services for the U.S. marshals, including services provided by private prison firms such as GEO," he said. The organizations plan to discuss their concerns with the White House and the Senate Judiciary Committee. They said neither the White House nor the GEO Group responded to their questions about Ms. Hylton's relationship with the company. Among the organizations opposing the nomination are the Alliance for Justice, the National Lawyers Guild, International Cure, the Detention Watch Network, Grassroots Leadership and the Justice Policy Institute. Last month, a White House official said Ms. Hylton would not require a waiver from Mr. Obama's ethics rules, which bar appointees for two years from working on matters involving recent clients. So far, more than two dozen high-level appointees have been given full or partial waivers. "After review, it was determined ... she could easily be recused from participating in particular matters in which that client was a party," said the official. "This recusal, along with the Obama administration's ethics pledge and other ethics restrictions, will ensure that she can serve ably and effectively as director of the U.S. Marshals Service." Ms. Hylton wasn't working as an employee of the company, but provided services to GEO Group through her consulting company, Virginia-based Hylton Kirk & Associates. GEO Group was the only client on her financial disclosure form, for whom she said she did "consulting services for detention matters, federal relations and acquisitions and mergers" from March through July of this year. Marshals Service contracts generate an important source of revenue for the GEO Group. Ms. Hylton has supporters, including the National Sheriff's Association, which told the Judiciary Committee of her "extraordinary qualifications, experience and expertise." Ms. Hylton said if she is confirmed, her consulting firm would remain dormant except to comply with any legal and tax requirements while it's inactive. She also said $105,000 in annual retirement pay would end upon her appointment.
Tuesday, November 9, 2010
2 NJ Cops Charged In Police Corruption Case
2 NJ cops charged in police corruption case
October 14, 2010
Accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects
CAMDEN, NJ — Two New Jersey police officers are accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects in Camden. Authorities will announce details of the case against the officers at a news conference Thursday afternoon. Authorities say the officers have been suspended. Three other former Camden officers have already pleaded guilty. Authorities have said all five officers planted drugs on suspects, paid informants with stolen cash and drugs, falsified reports and conducted illegal searches. Earlier this year, Camden County Prosecutor Warren Faulk announced he was dropping charges against some 200 suspects — including some who spent years in prison — because of the conduct.
Accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects
CAMDEN, NJ — Two New Jersey police officers are accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects in Camden. Authorities will announce details of the case against the officers at a news conference Thursday afternoon. Authorities say the officers have been suspended. Three other former Camden officers have already pleaded guilty. Authorities have said all five officers planted drugs on suspects, paid informants with stolen cash and drugs, falsified reports and conducted illegal searches. Earlier this year, Camden County Prosecutor Warren Faulk announced he was dropping charges against some 200 suspects — including some who spent years in prison — because of the conduct.
Monday, November 8, 2010
Cop Had No Constitutional Right To Pleasure Himself
NY Cop Had No Constitutional Right to Pleasure Self in Tanning Booth, Judge Finds
The New York Law Journal by Joel Stashenko - November 8, 2010
A police officer fired for masturbating in a tanning room had no constitutional right to privacy, a federal judge has ruled. Sexual activity in "public places" is not protected by the Fourteenth Amendment to the U.S. Constitution, Northern District Judge David N. Hurd ruled in Fiore v. Town of Whitestown, 6:07-cv-00797, in upholding an upstate town's decision to dismiss the officer. "Here, the right of privacy may provide protection for plaintiff's act if it took place where he had a reasonable expectation of privacy, such as in his home," Judge Hurd wrote from Utica. "However, a tanning booth in a tanning salon, which is open to the public, is a commercial establishment and thus a public place where plaintiff has no protectable constitutional privacy interest in his sexual activities. Simply because the room was enclosed by four walls does not make the setting a private one for this act." Judge Hurd rejected arguments from former part-time Whitestown Town Officer Michael Fiore that statutes in several states, including Minnesota, Mississippi, North Dakota, Nebraska and New Mexico, regard tanning booths as akin to private places such as bathrooms and fitting rooms. Mr. Fiore, who was still under probation, was dismissed in 2007 after a woman told a police commission member that she had seen him while he was off-duty in a local tanning saloon with his gun visible. The woman also recounted a conversation with the owner of the salon in which the owner allegedly described having seen Mr. Fiore masturbating in a tanning room. The police commission notified Mr. Fiore that his "performance" as a police office was not "at a level acceptable" to the town. Mr. Fiore and his wife, Susan, sued the town and police commission members. On June 25, Judge Hurd threw out the federal claims without issuing a written opinion and refused to consider his state-law arguments. Mr. Fiore then asked Judge Hurd to reconsider. The judge held last week in a 14-page ruling that he had not made any errors of law and let his previous ruling stand. The judge acknowledged that "an individual's private sexual activities are generally within the zone of privacy protected from unwarranted government intrusion." But he added that such protection generally does not extend to public places. Mr. Fiore claimed that there was no evidence that he had purposely "exposed" himself to an unsuspecting woman in a public place. Rather, he argued that he had masturbated as part of an "intimate, consensual encounter" with the owner of the tanning salon in a private room. But Judge Hurd concluded that the circumstances of the ex-officer's conduct was irrelevant because "the Fourteenth Amendment does not provide protection to sexual activities, whether consensual or not, in a public place." The judge also ruled that the police department did not violate Mr. Fiore's right to procedural due process because Mr. Fiore did not request a name-clearing hearing, and the town was not obligated to offer him one. Edward J. Smith III, Eric G. Johnson and Gabrielle M. Hope of Smith, Sovik, Kendrick & Sugnet represented the Town of Whitestown and police officials. A.J. Bosman of the Bosman Law Office in Rome was the attorney for Mr. Fiore. Joel Stashenko can be reached at jstashenko@alm.com.
The New York Law Journal by Joel Stashenko - November 8, 2010
A police officer fired for masturbating in a tanning room had no constitutional right to privacy, a federal judge has ruled. Sexual activity in "public places" is not protected by the Fourteenth Amendment to the U.S. Constitution, Northern District Judge David N. Hurd ruled in Fiore v. Town of Whitestown, 6:07-cv-00797, in upholding an upstate town's decision to dismiss the officer. "Here, the right of privacy may provide protection for plaintiff's act if it took place where he had a reasonable expectation of privacy, such as in his home," Judge Hurd wrote from Utica. "However, a tanning booth in a tanning salon, which is open to the public, is a commercial establishment and thus a public place where plaintiff has no protectable constitutional privacy interest in his sexual activities. Simply because the room was enclosed by four walls does not make the setting a private one for this act." Judge Hurd rejected arguments from former part-time Whitestown Town Officer Michael Fiore that statutes in several states, including Minnesota, Mississippi, North Dakota, Nebraska and New Mexico, regard tanning booths as akin to private places such as bathrooms and fitting rooms. Mr. Fiore, who was still under probation, was dismissed in 2007 after a woman told a police commission member that she had seen him while he was off-duty in a local tanning saloon with his gun visible. The woman also recounted a conversation with the owner of the salon in which the owner allegedly described having seen Mr. Fiore masturbating in a tanning room. The police commission notified Mr. Fiore that his "performance" as a police office was not "at a level acceptable" to the town. Mr. Fiore and his wife, Susan, sued the town and police commission members. On June 25, Judge Hurd threw out the federal claims without issuing a written opinion and refused to consider his state-law arguments. Mr. Fiore then asked Judge Hurd to reconsider. The judge held last week in a 14-page ruling that he had not made any errors of law and let his previous ruling stand. The judge acknowledged that "an individual's private sexual activities are generally within the zone of privacy protected from unwarranted government intrusion." But he added that such protection generally does not extend to public places. Mr. Fiore claimed that there was no evidence that he had purposely "exposed" himself to an unsuspecting woman in a public place. Rather, he argued that he had masturbated as part of an "intimate, consensual encounter" with the owner of the tanning salon in a private room. But Judge Hurd concluded that the circumstances of the ex-officer's conduct was irrelevant because "the Fourteenth Amendment does not provide protection to sexual activities, whether consensual or not, in a public place." The judge also ruled that the police department did not violate Mr. Fiore's right to procedural due process because Mr. Fiore did not request a name-clearing hearing, and the town was not obligated to offer him one. Edward J. Smith III, Eric G. Johnson and Gabrielle M. Hope of Smith, Sovik, Kendrick & Sugnet represented the Town of Whitestown and police officials. A.J. Bosman of the Bosman Law Office in Rome was the attorney for Mr. Fiore. Joel Stashenko can be reached at jstashenko@alm.com.
Police Chief Accused of Quashing Corruption Probe
Officer: Chief quashed corruption probe
UPI - October 26, 2010
LOS ANGELES, CA (UPI) -- A former police sergeant in Bell, Calif., who initiated an investigation of possible city officials' corruption said his police chief quashed the probe. James Corcoran, who retired from the Bell police force after clashing with former Chief Randy Adams and filed a lawsuit against the city in July, said Adams became angry after Corcoran told him of evidence that officials may have been involved in voter fraud, illegal sales of building permits and unlawful vehicle seizures, the Los Angeles Times reported Tuesday. Adams grew more upset with Corcoran in August 2009 when Corcoran said he had already supplied the Los Angeles County district attorney's office and the California secretary of state's office with information, Corcoran said. Corcoran said Adams knew the former sergeant had worked with the FBI on anti-terrorism cases and told him not to mention the alleged corruption to the federal agency about the alleged corruption without Adams's permission. "(Adams) told me it makes others uncomfortable to have the FBI in the building. He should have offered me investigative assistance. Instead, he shut it down," Corcoran said. Adams's lawyer, Thomas O'Brien, denied his client became angry with Corcoran or tried to halt any FBI probe. He said Adams did not act on Corcoran's information because Corcoran had reported it to other agencies. "There was no further action for Chief Adams to take," O'Brien said.
UPI - October 26, 2010
LOS ANGELES, CA (UPI) -- A former police sergeant in Bell, Calif., who initiated an investigation of possible city officials' corruption said his police chief quashed the probe. James Corcoran, who retired from the Bell police force after clashing with former Chief Randy Adams and filed a lawsuit against the city in July, said Adams became angry after Corcoran told him of evidence that officials may have been involved in voter fraud, illegal sales of building permits and unlawful vehicle seizures, the Los Angeles Times reported Tuesday. Adams grew more upset with Corcoran in August 2009 when Corcoran said he had already supplied the Los Angeles County district attorney's office and the California secretary of state's office with information, Corcoran said. Corcoran said Adams knew the former sergeant had worked with the FBI on anti-terrorism cases and told him not to mention the alleged corruption to the federal agency about the alleged corruption without Adams's permission. "(Adams) told me it makes others uncomfortable to have the FBI in the building. He should have offered me investigative assistance. Instead, he shut it down," Corcoran said. Adams's lawyer, Thomas O'Brien, denied his client became angry with Corcoran or tried to halt any FBI probe. He said Adams did not act on Corcoran's information because Corcoran had reported it to other agencies. "There was no further action for Chief Adams to take," O'Brien said.
Sunday, November 7, 2010
Quick Departure for Rochester, New York Police Chief
CITY HALL: Police Chief David Moore stepping down
The Rochester City News by Christine Carrie Fien -- November 5, 2010
Well, something stinks. In a hastily arranged press conference this afternoon, Mayor Bob Duffy announced that Rochester Police Chief David Moore would be stepping down effective Monday. Moore was not present at the press conference. James Sheppard has been named acting chief. Sheppard is director of the city's Office of Public Integrity and is former director of Safety and Security at the Rochester City School District. He is also a former Rochester police officer. Duffy was evasive when repeatedly asked why Moore is leaving or if Moore's departure is voluntary. He said the reasons are personal and confidential and Moore could answer media questions if he chose to. Duffy said that as far as he knows, Moore does not have another job lined up. He said that Moore's departure is "our decision," meaning his and Moore's. Duffy said Moore has "done nothing wrong" and has provided "outstanding service" to the city. Also present at the press conference were Council President Lovely Warren and Council member Adam McFadden, who is head of Council's Public Safety Committee. It seems clear that the decision happened quickly, because McFadden said he didn't know beforehand what Duffy's announcement was going to be. Warren said that Duffy called her to tell her about the decision, but would not say when that call took place. Sheppard's appointment as acting chief must be approved by City Council. Sheppard says he will seek the job on a permanent basis. Moore will serve as director of the city's Office of Public Integrity until the end of the year. The OPI is essentially the internal affairs office for the City of Rochester.
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Rochester police chief quits suddenly
The Associate Press - November 6, 2010
ROCHESTER, N.Y. (AP) — The surprise resignation of the police chief in New York's third-largest city has local officials wondering what precipitated the move. The shake-up at the Rochester police department unfolded Friday afternoon when Police Chief David Moore met with Mayor Robert Duffy and agreed to step down. "Things developed over time," Moore said. "I don't think it would be appropriate to discuss my conversation with the mayor." In a separate news conference, Duffy said Moore "has done nothing wrong" and praised him as "a good man." Neither gave a reason for the sudden resignation, which was reported by the Democrat and Chronicle newspaper. Former Deputy Chief James Sheppard will take over as acting chief. Sheppard currently runs Rochester's Office of Public Integrity. City Councilman Adam McFadden said Saturday that he was puzzled by Moore's ouster, especially since Duffy will leave the city in January to be the state's lieutenant governor. Duffy, a former police chief, ran for lieutenant governor on the winning ticket with Democratic gubernatorial candidate Andrew Cuomo. McFadden said he was surprised that Duffy did not leave key people in place, since a new mayor will likely want his or her own people. With a population of 219,773, Rochester is New York's third most-populous city after New York City and Buffalo.
The Rochester City News by Christine Carrie Fien -- November 5, 2010
Well, something stinks. In a hastily arranged press conference this afternoon, Mayor Bob Duffy announced that Rochester Police Chief David Moore would be stepping down effective Monday. Moore was not present at the press conference. James Sheppard has been named acting chief. Sheppard is director of the city's Office of Public Integrity and is former director of Safety and Security at the Rochester City School District. He is also a former Rochester police officer. Duffy was evasive when repeatedly asked why Moore is leaving or if Moore's departure is voluntary. He said the reasons are personal and confidential and Moore could answer media questions if he chose to. Duffy said that as far as he knows, Moore does not have another job lined up. He said that Moore's departure is "our decision," meaning his and Moore's. Duffy said Moore has "done nothing wrong" and has provided "outstanding service" to the city. Also present at the press conference were Council President Lovely Warren and Council member Adam McFadden, who is head of Council's Public Safety Committee. It seems clear that the decision happened quickly, because McFadden said he didn't know beforehand what Duffy's announcement was going to be. Warren said that Duffy called her to tell her about the decision, but would not say when that call took place. Sheppard's appointment as acting chief must be approved by City Council. Sheppard says he will seek the job on a permanent basis. Moore will serve as director of the city's Office of Public Integrity until the end of the year. The OPI is essentially the internal affairs office for the City of Rochester.
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Rochester police chief quits suddenly
The Associate Press - November 6, 2010
ROCHESTER, N.Y. (AP) — The surprise resignation of the police chief in New York's third-largest city has local officials wondering what precipitated the move. The shake-up at the Rochester police department unfolded Friday afternoon when Police Chief David Moore met with Mayor Robert Duffy and agreed to step down. "Things developed over time," Moore said. "I don't think it would be appropriate to discuss my conversation with the mayor." In a separate news conference, Duffy said Moore "has done nothing wrong" and praised him as "a good man." Neither gave a reason for the sudden resignation, which was reported by the Democrat and Chronicle newspaper. Former Deputy Chief James Sheppard will take over as acting chief. Sheppard currently runs Rochester's Office of Public Integrity. City Councilman Adam McFadden said Saturday that he was puzzled by Moore's ouster, especially since Duffy will leave the city in January to be the state's lieutenant governor. Duffy, a former police chief, ran for lieutenant governor on the winning ticket with Democratic gubernatorial candidate Andrew Cuomo. McFadden said he was surprised that Duffy did not leave key people in place, since a new mayor will likely want his or her own people. With a population of 219,773, Rochester is New York's third most-populous city after New York City and Buffalo.
Saturday, November 6, 2010
Connected Police Chief Brings Out the Worst in Cops
Eastchester police chief hit during appearance by suspended cop's supporter
The Journal News by Will David - November 5, 2010
wdavid@lohud.com
EASTCHESTER, NY — A Town Board meeting erupted into mayhem when a former police officer who was supporting a Hispanic police officer who was suspended without pay hit police Chief Timothy Bonci in the face with folders and was later arrested. Former Eastchester police Officer Jeffrey Meyer Jr. said he "lost it" after talking to the Town Board about what he believed are inequities in the suspension of Officer Ramon Rosado, 41, without pay when other police officers and local officials get away with much more. Meyer, who retired after 20 years on a medical disability last week, said he walked back down the aisle where Bonci was sitting during the Wednesday night meeting to ask him to explain how the department treats everyone differently. "I threw the file at him, and my file hit him in the face," Meyer said. "A couple of guys got on top of me, and there was a melee. (Bonci) looked like an idiot, and so did I." Bonci suffered red marks and swelling under his right eye. Meyer surrendered Thursday at police headquarters and was charged with second-degree harassment, a violation. He was arraigned in Town Court and released without bail. He is due back in court Wednesday. The incident happened at a Town Board meeting in which supporters of Rosado showed up for a second consecutive board meeting to protest his suspension since this summer without pay. Rosado, a six-year member of the force, faces departmental hearings in connection with a May 23 case in which he was accused of making unlawful arrests. Rosado arrested a town man and his sister on obstruction of governmental administration charges. The charges were dropped by the county prosecutor, and Eastchester police opened an internal investigation of Rosado. He was later suspended without pay. He could be fired after a departmental hearing. Rosado, who is Puerto Rican, filed a federal discrimination lawsuit a year and a half ago against Bonci, the Town Board and the police department alleging harassment and discrimination. Like his departmental hearing, the lawsuit is pending. Town Supervisor Anthony J. Colavita said local legislation was approved Wednesday night that will allow the Town Board to have a public hearing at its next meeting and vote on an impartial hearing officer for Rosado's case. Colavita, who was the target of verbal attacks by Meyer, said the board has allowed everyone to speak on behalf of Rosado even though it has been raucous at times. Colavita added that the board has remained "respectful and professional." Colavita said he and Town Board members could not discuss specifics of the case. Attorney John D'Alessandro, who is representing Rosado and Meyer, said the Town Board and police force caused the incident to turn ugly. "It sounds like this was an unfortunate incident," D'Alessandro said. "When you suspend a police officer for four months without pay and due process, that could inflame the passions of that police officer's supporters." D'Alessandro added about Meyer, "To arrest a private citizen for speaking at a public hearing seems like a bit of an overreaction."
Tuesday, October 26, 2010
Costly Cop Arrested for Pounding Girlfriend
Atlanta police officer arrested for hitting girlfriend
The Atlanta Journal-Constitution by Christian Boone - October 23, 2010
An Atlanta police officer once involved in an altercation that ended up costing the city $350,000 was arrested Thursday on domestic violence charges. Terence Alexander, 41, an 11-year veteran of the force, is accused of hitting his 18-year-old girlfriend, a charge he denies, APD spokesman James Polite said. DeKalb Police arrested Alexander at his Briarcliff Road apartment where Aleka Simmons said the assault occurred. Alexander told officers Simmons hit him and that he was merely trying to hold her down, Polite said. Alexander, already under investigation for an undisclosed work-related incident, has been placed on administrative leave pending a meeting with Chief George Turner that will determine his future with the department. He's been fired by the APD once before, in 2005, after surveillance video captured him slamming a woman to the ground and arresting her for a parking violation while moonlighting at Hartsfield-Jackson International Airport. The assault victim, Diana Dietrich-Barnes, sued the city and settled for $350,000. Then-Police Chief Richard Pennington sacked Alexander for using unnecessary force but the department's civil service board overturned the decision. Alexander was rehired despite having been either reprimanded or suspended without pay 13 times for violating departmental rules.
The Atlanta Journal-Constitution by Christian Boone - October 23, 2010
An Atlanta police officer once involved in an altercation that ended up costing the city $350,000 was arrested Thursday on domestic violence charges. Terence Alexander, 41, an 11-year veteran of the force, is accused of hitting his 18-year-old girlfriend, a charge he denies, APD spokesman James Polite said. DeKalb Police arrested Alexander at his Briarcliff Road apartment where Aleka Simmons said the assault occurred. Alexander told officers Simmons hit him and that he was merely trying to hold her down, Polite said. Alexander, already under investigation for an undisclosed work-related incident, has been placed on administrative leave pending a meeting with Chief George Turner that will determine his future with the department. He's been fired by the APD once before, in 2005, after surveillance video captured him slamming a woman to the ground and arresting her for a parking violation while moonlighting at Hartsfield-Jackson International Airport. The assault victim, Diana Dietrich-Barnes, sued the city and settled for $350,000. Then-Police Chief Richard Pennington sacked Alexander for using unnecessary force but the department's civil service board overturned the decision. Alexander was rehired despite having been either reprimanded or suspended without pay 13 times for violating departmental rules.
Monday, October 25, 2010
Denver Cop Arrested For Sexual Assault
Denver police officer arrested as sex assault suspect
The Denver Post by Kieran Nicholson - October 19, 2010
Hector Paez, 31, a patrol officer who worked in District 4, was arrested Monday and is being held at the Douglas County Jail, according to Denver District Attorney's Office media release. The suspect, who was in uniform and working at the time of the alleged May 16 incident, came in contact with the victim, a 36-year-old woman, and ran a background check on her finding an outstanding arrest warrant out of Jefferson County, said Lynn Kimbrough, a Denver district attorney's spokeswoman. Paez then allegedly took the woman to an isolated area and coerced her into "performing a sexual act to avoid being taken to jail," the DA's office said. An investigation by the Denver Police Department's Internal Affairs Bureau led to the arrest. Paez will be charged later this week with kidnapping, sexual assault and attempt to influence a public servant, all felonies, prosecutors said. Paez appeared in Denver County Court this morning at a first advisement hearing. His bond has been set at $100,000. Paez was hired by the department in 2006. He was suspended, with pay, since May 19 when allegations were made against him. He remains suspended, now without pay, after his arrest Monday. The charge of attempt to influence a public servant alleges that Paez lied about his contact with the victim when he was interviewed by internal affairs, the release said. His next court date will be scheduled after charges are formally filed this week. Kieran Nicholson: 303-954-1822 or knicholson@denverpost.com.
The Denver Post by Kieran Nicholson - October 19, 2010
Hector Paez, 31, a patrol officer who worked in District 4, was arrested Monday and is being held at the Douglas County Jail, according to Denver District Attorney's Office media release. The suspect, who was in uniform and working at the time of the alleged May 16 incident, came in contact with the victim, a 36-year-old woman, and ran a background check on her finding an outstanding arrest warrant out of Jefferson County, said Lynn Kimbrough, a Denver district attorney's spokeswoman. Paez then allegedly took the woman to an isolated area and coerced her into "performing a sexual act to avoid being taken to jail," the DA's office said. An investigation by the Denver Police Department's Internal Affairs Bureau led to the arrest. Paez will be charged later this week with kidnapping, sexual assault and attempt to influence a public servant, all felonies, prosecutors said. Paez appeared in Denver County Court this morning at a first advisement hearing. His bond has been set at $100,000. Paez was hired by the department in 2006. He was suspended, with pay, since May 19 when allegations were made against him. He remains suspended, now without pay, after his arrest Monday. The charge of attempt to influence a public servant alleges that Paez lied about his contact with the victim when he was interviewed by internal affairs, the release said. His next court date will be scheduled after charges are formally filed this week. Kieran Nicholson: 303-954-1822 or knicholson@denverpost.com.
Friday, October 22, 2010
Arizona Police Officer Charged with Murder
Phoenix police officer charged with murder
The Associated Press by Bob Christie - October 15, 2010
The Associated Press by Bob Christie - October 15, 2010
PHOENIX, AZ - A Phoenix police officer has been indicted on a second-degree murder charge for the on-duty shooting of an unarmed suspect during a violent encounter in which he also shocked the victim with a stun gun and killed his dog, officials said Thursday. Officer Richard Chrisman was served a summons on the indictment and was not taken into custody, said his defense attorney Craig Mehrens. The indictment also charged him with aggravated assault and misdemeanor cruelty to animals. Maricopa County Attorney Rick Romley said at a press conference that Chrisman will remain free on $150,000 bail he posted after his initial arrest on an aggravated assault charge last week. His arraignment is set for Oct. 21. Chrisman allegedly pulled his pistol, put it against 29-year-old Danny Frank Rodriguez's head and told him he didn't need a warrant when Rodriguez ordered him out of his house on Oct. 5. During the next few minutes, Chrisman shocked Rodriguez with a stun gun, shot his pit bull, then fatally shot Rodriguez, according to a court document. Records show another officer told investigators he saw no reason for Chrisman to shoot. Mehrens said his client was justified in shooting Rodriguez and did not put his gun against his head as the other officer reportedly said. In announcing the charges, Romley said he's supported and stood by law enforcement officers throughout his career, grieving with them when one is killed or injured. "But we as citizens put our trust and our lives in their hands, and when one violates and abuses that trust, we must hold them accountable to the community for that breach," he said. "We must assure the victims and the community that the criminal justice process will be fair, transparent, and objective. And when justice is done, we must heal and move on."
In the past year, officers in the South Mountain precinct where the shooting happened have been accused of excessive force and racial profiling. Police chief Jack Harris met with community leaders several times since the shooting to assure them the department was vigorously investigating the case. Protesters gathered daily in front of police headquarters. "If it was my neighbor, if it was my relative, I would be upset, angered and outraged as well," Harris said. Harris said Thursday that he had notified Chrisman he would use an expedited process to fire him from his job of nine years. The officer will have a chance to try to persuade Harris not to fire him at a meeting next week. Chrisman, 36, and officer Sergio Virgillo had been called to a Phoenix mobile home by Rodriguez's mother, according to a court document. Elvira Fernandez told officers she had been arguing with her son who had damaged property inside the trailer and that she left because she was afraid he would assault her. A police probable cause statement showed the officers had difficulty controlling Rodriguez, with both firing their stun guns on the suspect to little effect. Chrisman then used pepper spray on Rodriguez and shot a dog in the living room, Virgillo told investigators. Virgillo said the dog was not threatening them and he saw no reason why Chrisman would shoot it. Virgillo said he tried to calm Rodriguez down and talk him into stepping outside. The police document said Rodriguez told the officers he was leaving with his bicycle, but Virgillo moved to block the door and Chrisman began struggling with Rodriguez over the handlebars. Chrisman then allegedly pulled out his handgun and shot Rodriguez more than once. Rodriguez died at the scene. Chrisman was arrested about five hours after the shooting and freed on bail the following day. Mehrens said he and an expert he hired interviewed Chrisman for several hours earlier this week. He said he offered to allow the expert and Chrisman testify in front of a grand jury, but he never got a response from Romley. "They didn't want to hear his side of the story," Mehrens said. Romley disagreed. "That's for a court proceeding," he said. "Grand juries are not a courtroom where a trial occurs." A lawyer for Rodriguez's mother said he was gratified with the charges, but said she will probably be upset the officer was not re-arrested. "The indictment was the first step towards justice," said Sabinus Megwa.
In the past year, officers in the South Mountain precinct where the shooting happened have been accused of excessive force and racial profiling. Police chief Jack Harris met with community leaders several times since the shooting to assure them the department was vigorously investigating the case. Protesters gathered daily in front of police headquarters. "If it was my neighbor, if it was my relative, I would be upset, angered and outraged as well," Harris said. Harris said Thursday that he had notified Chrisman he would use an expedited process to fire him from his job of nine years. The officer will have a chance to try to persuade Harris not to fire him at a meeting next week. Chrisman, 36, and officer Sergio Virgillo had been called to a Phoenix mobile home by Rodriguez's mother, according to a court document. Elvira Fernandez told officers she had been arguing with her son who had damaged property inside the trailer and that she left because she was afraid he would assault her. A police probable cause statement showed the officers had difficulty controlling Rodriguez, with both firing their stun guns on the suspect to little effect. Chrisman then used pepper spray on Rodriguez and shot a dog in the living room, Virgillo told investigators. Virgillo said the dog was not threatening them and he saw no reason why Chrisman would shoot it. Virgillo said he tried to calm Rodriguez down and talk him into stepping outside. The police document said Rodriguez told the officers he was leaving with his bicycle, but Virgillo moved to block the door and Chrisman began struggling with Rodriguez over the handlebars. Chrisman then allegedly pulled out his handgun and shot Rodriguez more than once. Rodriguez died at the scene. Chrisman was arrested about five hours after the shooting and freed on bail the following day. Mehrens said he and an expert he hired interviewed Chrisman for several hours earlier this week. He said he offered to allow the expert and Chrisman testify in front of a grand jury, but he never got a response from Romley. "They didn't want to hear his side of the story," Mehrens said. Romley disagreed. "That's for a court proceeding," he said. "Grand juries are not a courtroom where a trial occurs." A lawyer for Rodriguez's mother said he was gratified with the charges, but said she will probably be upset the officer was not re-arrested. "The indictment was the first step towards justice," said Sabinus Megwa.
Thursday, October 21, 2010
Police Officer Arrested on Intimidation Charge
Metro police officer arrested on intimidation charge
Nashville City Paper - August 2, 2010
Nashville City Paper - August 2, 2010
Police arrested one of their own late Sunday night after the officer’s ex-wife accused him of intimidating her. Metro Officer Derrick Hutchinson, a 12-year veteran of the department, was arrested Sunday night for on a misdemeanor charge of domestic assault by intimidation. Hutchinson was released from jail Monday on $2,500 bond. According to police, Hutchinson’s ex-wife claimed Hutchinson, 42, followed her and her boyfriend when they left church, and after pulling up beside the couple, he mouthed something to them with an angry look on his face. The officer’s ex-wife told police those actions along with other previous unwanted contact following their divorce had caused her to fear her safety. A Metro police media release stated Hutchinson was decommissioned and assigned to desk duty at the Central Precinct.
Saturday, October 16, 2010
Five Cops Charged With Tampering With Crime Reports
NYPD Deputy Inspector Steven Mauriello among five cops charged with tampering with crime reports
The New York Daily News by Rocco Parascandola - October 15, 2010
Five cops from a Brooklyn precinct have been hit with departmental charges accusing them of manipulating crime statistics, police sources said Friday. Deputy Inspector Steven Mauriello, the former commanding officer of the 81st Precinct in Bedford-Stuyvesant, is among those charged. The Daily News first revealed allegations of number fudging in the precinct in an explosive report in February. Officer Adrian Schoolcraft told NYPD investigators that supervisors in the precinct were badgering or ignoring crime victims. He said they also designated some felonies as misdemeanors. The systematic cooking of the books was done to make the crime rate appear lower. Mauriello is charged with tampering with grand larceny and stolen vehicle reports. He's also charged with misleading investigators. He couldn't be reached for comment. Roy Richter, head of the Captains Endowment Association, which represents captains and above, said Mauriello "feels abandoned by the department he has faithfully served for over two decades." The four other cops charged include two police officers and two sergeants. One sergeant is accused of failing to verify that two patrol officers filed a robbery complaint. The two patrol officers are charged with not filing the complaint in the first place. Details on the charges against another sergeant weren't immediately available. That sergeant will be served next week, and all five cops will remain on full duty for the time being. Schoolcraft has filed a $50 million federal lawsuit against the NYPD, accusing his bosses of suspending him and forcing him into a mental institution against his will because he reported wrongdoing. "The problem is citywide," his lawyer Jon Norinsberg said. "It's not just the 81st Precinct."
The New York Daily News by Rocco Parascandola - October 15, 2010
Five cops from a Brooklyn precinct have been hit with departmental charges accusing them of manipulating crime statistics, police sources said Friday. Deputy Inspector Steven Mauriello, the former commanding officer of the 81st Precinct in Bedford-Stuyvesant, is among those charged. The Daily News first revealed allegations of number fudging in the precinct in an explosive report in February. Officer Adrian Schoolcraft told NYPD investigators that supervisors in the precinct were badgering or ignoring crime victims. He said they also designated some felonies as misdemeanors. The systematic cooking of the books was done to make the crime rate appear lower. Mauriello is charged with tampering with grand larceny and stolen vehicle reports. He's also charged with misleading investigators. He couldn't be reached for comment. Roy Richter, head of the Captains Endowment Association, which represents captains and above, said Mauriello "feels abandoned by the department he has faithfully served for over two decades." The four other cops charged include two police officers and two sergeants. One sergeant is accused of failing to verify that two patrol officers filed a robbery complaint. The two patrol officers are charged with not filing the complaint in the first place. Details on the charges against another sergeant weren't immediately available. That sergeant will be served next week, and all five cops will remain on full duty for the time being. Schoolcraft has filed a $50 million federal lawsuit against the NYPD, accusing his bosses of suspending him and forcing him into a mental institution against his will because he reported wrongdoing. "The problem is citywide," his lawyer Jon Norinsberg said. "It's not just the 81st Precinct."
Thursday, October 7, 2010
Judge Rips Lying Cops
Years after cabbie was crippled, judge finally rips NYPD cops who covered for drunk colleague
The New York Daily News by Benjamin Lesser - October 7, 2010
Justice Lewis Bart Stone calls NYPD coverup 'disgusting.'
The New York Daily News by Benjamin Lesser - October 7, 2010
Justice Lewis Bart Stone calls NYPD coverup 'disgusting.'
NYPD cops engaged in a "disgusting" coverup for a drunken colleague who mowed down a cabbie, paralyzing him for life, a Manhattan judge has found. "The statements made by this victim about a police coverup are totally believable ... and most likely occurred," Supreme Court Justice Lewis Bart Stone declared. "It is disgusting what they did to prevent justice from being done." Sitting in his wheelchair in Stone's courtroom in May, victim Eric Goldin felt vindicated. "It opened up a whole new world of possibilities in terms of getting some ... positive resolution from the [NYPD]," he said. Goldin's long road to the unusual open-court declaration was filled with frustration. It began Nov. 6, 1998, as he drove his cab in the early morning darkness near E. 86th St. and First Ave. Suddenly a car driven by off-duty cop Edilio Mejia slammed into Goldin, sending his cab careening onto the sidewalk. Cops responding to the scene included Police Officers Donald Houvener and Arthur Olivella. Houvener and Olivella said Mejia was being treated for a head wound when they arrived, and Goldin was unconscious on the floor of his taxi, records show. Olivella was told Mejia was a cop, records show. Goldin and Mejia were taken to New York Hospital, where Goldin's then-girlfriend, Johanna Viksne, asked if Mejia had been given a Breathalyzer test. Olivella says he told her he was not trained to perform the test. Records show Olivella and Houvener said there was "no reason to think a Breathalyzer exam was necessary as P.O. Mejia did not smell of, or appear to be, under the influence of alcohol." Goldin's brother complained to the NYPD, but the department closed the case in 1999 based largely on the cops' testimony. Olivella and Houvener were disciplined for failing to tell supervisors there were allegations Mejia had been drinking. In February 2001, Goldin obtained Mejia's hospital records. They show the cop told hospital staff he'd been drinking, and revealed a toxicology report declaring Mejia's blood alcohol level was at least twice the legal limit. Goldin sent the records to the Manhattan DA and the NYPD. Both opened new probes, which found six cops were involved in the 1998 incident, but the DA said Mejia's medical records were inadmissable because he didn't consent to release them. No charges were filed. Then on Jan. 14, 2002, it happened again. Mejia was arrested sitting in a parked car on W. 170th St. with the engine running, his speech slurred and booze on his breath. He was charged with drunken driving. The NYPD opened an internal investigation and ultimately filed departmental charges in the 1998 and 2002 incidents. In October 2002, Mejia was found guilty of DUI in the 2002 incident and sentenced to 60 days in jail. In February 2008, he was found guilty of six departmental counts, including vehicular assault and DWI. He was forced to retire in March 2008, but kept most of his pension. Eight months later, he drove a 2000 Lincoln Navigator the wrong way on the FDR and hit an oncoming car. He was again charged with driving drunk. In May, 12 years after the first incident, Goldin told his sad story in court at Mejia's sentencing. Then it was Stone's turn. "I can't fault you directly for the coverup of the cops because they all did it; they kept you away from any form of Breathalyzer while you were in the hospital after you hit [Goldin]," he said. Then Stone ripped into the other cops. "Your friends on the [NYPD], certainly, you know, gave you a bye till this point ... for you to pay the piper." Mejia got a year in jail for the FDR crash. It's unknown if any of the cops involved in the 1998 "coverup" were punished. NYPD spokesman Paul Browne refused to comment. Prosecutors declined to discuss the case. Houvener and Olivella would not comment. They remain on the force; Houvener has been promoted to sergeant. blesser@nydailynews.com
Tuesday, August 31, 2010
Police Sergeant Had .22 Blood-Alcohol Level
Police: Fresno cop had .22 blood-alcohol level
The Fresno Bee by Mike Eiman - August 18, 2010
The Fresno Bee by Mike Eiman - August 18, 2010
An off-duty Fresno police sergeant arrested last week on suspicion of driving under the influence had a blood-alcohol level nearly three times the legal limit, the Fresno Police Department said Wednesday. Sgt. Ron Hughes was arrested Aug. 13 when an officer saw him driving erratically about 1:30 a.m. on Clovis Avenue near Belmont Avenue. Toxicology reports showed his blood-alcohol level was 0.22. The legal limit is 0.08. Hughes remains on modified duty.
Monday, August 30, 2010
Former Cop Arrested
Former Harrison Cop Tancredi Arrested
The Journal News by Gerald McKinstry - August 15, 2010
PORT CHESTER, NY — A former Harrison police officer with a history of trouble is facing drug-possession and impersonation charges after an apparent altercation at a village bar. Ralph Tancredi, a former Harrison PBA president who ran for town supervisor and was fired by the town last year, is being held without bail in Westchester County jail after an incident outside an Adee Street bar. Police told News 12 that Tancredi was found with the powerful painkiller Oxycontin, another unidentified drug and a forged Harrison police identification card. Port Chester police would say only that they charged Tancredi with criminal possession of a controlled substance, impersonating a police officer, forgery and disorderly conduct. Tancredi was arrested Saturday by Port Chester police and arraigned in Village Court. Tancredi's legal troubles go back several years when he got into a bar scuffle and was accused of harassing a girlfriend before being suspended with pay in 2007. He was eventually fired in 2009. He had sued the Harrison Police Department several times alleging civil rights violations, and this year the state approved his 207-c disability pension.
The Journal News by Gerald McKinstry - August 15, 2010
PORT CHESTER, NY — A former Harrison police officer with a history of trouble is facing drug-possession and impersonation charges after an apparent altercation at a village bar. Ralph Tancredi, a former Harrison PBA president who ran for town supervisor and was fired by the town last year, is being held without bail in Westchester County jail after an incident outside an Adee Street bar. Police told News 12 that Tancredi was found with the powerful painkiller Oxycontin, another unidentified drug and a forged Harrison police identification card. Port Chester police would say only that they charged Tancredi with criminal possession of a controlled substance, impersonating a police officer, forgery and disorderly conduct. Tancredi was arrested Saturday by Port Chester police and arraigned in Village Court. Tancredi's legal troubles go back several years when he got into a bar scuffle and was accused of harassing a girlfriend before being suspended with pay in 2007. He was eventually fired in 2009. He had sued the Harrison Police Department several times alleging civil rights violations, and this year the state approved his 207-c disability pension.
Sunday, August 29, 2010
Two Cops Charged in 2005 Death
Justice for Raymond Robair
The Times-Picayune - EDITORIAL - August 3, 2010
For five years now, relatives and friends of Raymond Robair have insisted that the Treme resident's death was not an accident, as New Orleans police and the coroner's office concluded in 2005. Treme resident Raymond Robair was 48 when he died. Now a federal grand jury has agreed, charging New Orleans police Officer Melvin Williams with beating Mr. Robair to death and Officer Matthew Dean Moore with covering up the killing. The officers maintain they are innocent, and they are entitled to the legal presumption of innocence. But the allegations cited in the indictment are repugnant -- and the FBI and federal prosecutors deserve credit for staying on the case all this time. The officers have said they encountered Mr. Robair on Dumaine Street the morning of July 30, 2005. Their "medical incident" report, which did not even identify Mr. Robair by name, said they found a man "stumbling and holding his upper chest area." The man ran away from the officers and collapsed on the ground, according to the report, whereupon the officers took him to Charity Hospital. Mr. Robair was pronounced dead there. That's not what Treme residents, including some who testified in front of the grand jury, said they witnessed. According to the indictment, Officer Williams kicked Mr. Robair and struck him with his police baton with such "unreasonable force" that it caused Mr. Robair's death. The two officers did take Mr. Robair to Charity Hospital, but the indictment said "they failed to tell medical personnel that Robair had been struck by defendant Williams." The coroner's office found that Mr. Robair had fractured ribs, with one lacerating his liver and another his spleen. The federal grand jury also charged Officers Williams and Moore with filing their "false" police report in order to obstruct an investigation into the incident. It also accused Officer Moore of lying to FBI agents during two separate interviews in March. The document said Officer Moore falsely told the agents that Officer Williams never hit or kicked Robair. Orleans Parish Coroner Frank Minyard ruled in 2005 that Mr. Robair's death was "accidental," based in part, he said, on the police version of events. A Police Department internal investigation cleared the officers, citing the coroner's conclusion. Those circular explanations are troubling. The charges in this case make it 18 current and former New Orleans officers charged with either killing civilians or covering up the killings. Five of those officers have admitted to their part in covering up the shooting of six innocent civilians at the Danziger Bridge. Eighteen officers charged with such serious crimes is a sickening tally -- and more indictments are expected as federal agents probe additional police killings after Katrina. This has been a dark period for the Police Department, and shining light on officers' many alleged crimes has been painful for our community. But the real and intolerable shame would be to let killers and other criminals wear the uniform. Authorities should not rest until every officer who broke the law has been brought to justice.
For five years now, relatives and friends of Raymond Robair have insisted that the Treme resident's death was not an accident, as New Orleans police and the coroner's office concluded in 2005. Treme resident Raymond Robair was 48 when he died. Now a federal grand jury has agreed, charging New Orleans police Officer Melvin Williams with beating Mr. Robair to death and Officer Matthew Dean Moore with covering up the killing. The officers maintain they are innocent, and they are entitled to the legal presumption of innocence. But the allegations cited in the indictment are repugnant -- and the FBI and federal prosecutors deserve credit for staying on the case all this time. The officers have said they encountered Mr. Robair on Dumaine Street the morning of July 30, 2005. Their "medical incident" report, which did not even identify Mr. Robair by name, said they found a man "stumbling and holding his upper chest area." The man ran away from the officers and collapsed on the ground, according to the report, whereupon the officers took him to Charity Hospital. Mr. Robair was pronounced dead there. That's not what Treme residents, including some who testified in front of the grand jury, said they witnessed. According to the indictment, Officer Williams kicked Mr. Robair and struck him with his police baton with such "unreasonable force" that it caused Mr. Robair's death. The two officers did take Mr. Robair to Charity Hospital, but the indictment said "they failed to tell medical personnel that Robair had been struck by defendant Williams." The coroner's office found that Mr. Robair had fractured ribs, with one lacerating his liver and another his spleen. The federal grand jury also charged Officers Williams and Moore with filing their "false" police report in order to obstruct an investigation into the incident. It also accused Officer Moore of lying to FBI agents during two separate interviews in March. The document said Officer Moore falsely told the agents that Officer Williams never hit or kicked Robair. Orleans Parish Coroner Frank Minyard ruled in 2005 that Mr. Robair's death was "accidental," based in part, he said, on the police version of events. A Police Department internal investigation cleared the officers, citing the coroner's conclusion. Those circular explanations are troubling. The charges in this case make it 18 current and former New Orleans officers charged with either killing civilians or covering up the killings. Five of those officers have admitted to their part in covering up the shooting of six innocent civilians at the Danziger Bridge. Eighteen officers charged with such serious crimes is a sickening tally -- and more indictments are expected as federal agents probe additional police killings after Katrina. This has been a dark period for the Police Department, and shining light on officers' many alleged crimes has been painful for our community. But the real and intolerable shame would be to let killers and other criminals wear the uniform. Authorities should not rest until every officer who broke the law has been brought to justice.
Saturday, August 28, 2010
Cop Arrested for Arresting Cop
Sting target was 3rd cop
The New York Post by Edmund Demarch - July 31, 2010
Brooklyn cops charged with barging into sting operation, arresting a fellow officer on bogus charges
The New York Daily News by John Marzulli - July 30, 2010
Two cops from Brooklyn's embattled 81st Precinct were charged Friday with making a trumped-up arrest - in a sting operation caught on video. Like a couple of Keystone Kops, Sgt. Raymond Stukes and Officer Hector Tirado barged in on an Internal Affairs Bureau integrity test actually targeting another cop, sources said. The undercover IAB officer, carrying a backpack filled with packs of cigarettes, was talking to the intended target when Stukes and Tirado showed up at the corner of Chauncey St. and Howard Ave. in Brownsville on Sept. 3. Unaware that IAB was videotaping the action, Stukes and Tirado began questioning the undercover cop conducting the sting. He told them the cigarettes had legitimate tax stamps, but they hauled him into stationhouse and ended up hitting him with bogus charges: that he tried to sell bootleg cigarettes to two people. "The (arrest) paperwork was inconsistent with the events that took place on that date," said Assistant District Attorney Gregory Marshall at an arraignment in Brooklyn Supreme Court. Stukes and Tirado pleaded not guilty to felony perjury charges and were released on their own recognizance. Their lawyers declined to comment. NYPD spokesman Paul Browne said the integrity test was unrelated to allegations by suspended cop Adrian Schoolcraft that police supervisors at the 81st Precinct fudged crimes statistics and violated the civil rights of nieghborhood residents. The precinct's commander was recently transferred and the NYPD is looking into Schoolcraft's claims. Stukes was the defendant in a federal lawsuit alleging false arrest in which plaintiff Andre Owens received a $25,000 settlement from the city in April.
The New York Post by Edmund Demarch - July 31, 2010
Two Brooklyn cops busted for allegedly trumping up charges against an undercover Internal Affairs investigator were not the intended targets of the sting, sources told The Post yesterday.
The original target was an unnamed officer who, while talking with the undercover, attracted the attention of Sgt. Raymond Stukes and Officer Hector Tirado, who took over the interaction, the sources said. Stukes and Tirado, both of the 81st Precinct in Bedford-Stuyvesant, pleaded not guilty yesterday to perjury for falsely charging the IAB cop with selling untaxed cigarettes. Both refused to answer reporters' questions.
The original target was an unnamed officer who, while talking with the undercover, attracted the attention of Sgt. Raymond Stukes and Officer Hector Tirado, who took over the interaction, the sources said. Stukes and Tirado, both of the 81st Precinct in Bedford-Stuyvesant, pleaded not guilty yesterday to perjury for falsely charging the IAB cop with selling untaxed cigarettes. Both refused to answer reporters' questions.
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Brooklyn cops charged with barging into sting operation, arresting a fellow officer on bogus charges
The New York Daily News by John Marzulli - July 30, 2010
Two cops from Brooklyn's embattled 81st Precinct were charged Friday with making a trumped-up arrest - in a sting operation caught on video. Like a couple of Keystone Kops, Sgt. Raymond Stukes and Officer Hector Tirado barged in on an Internal Affairs Bureau integrity test actually targeting another cop, sources said. The undercover IAB officer, carrying a backpack filled with packs of cigarettes, was talking to the intended target when Stukes and Tirado showed up at the corner of Chauncey St. and Howard Ave. in Brownsville on Sept. 3. Unaware that IAB was videotaping the action, Stukes and Tirado began questioning the undercover cop conducting the sting. He told them the cigarettes had legitimate tax stamps, but they hauled him into stationhouse and ended up hitting him with bogus charges: that he tried to sell bootleg cigarettes to two people. "The (arrest) paperwork was inconsistent with the events that took place on that date," said Assistant District Attorney Gregory Marshall at an arraignment in Brooklyn Supreme Court. Stukes and Tirado pleaded not guilty to felony perjury charges and were released on their own recognizance. Their lawyers declined to comment. NYPD spokesman Paul Browne said the integrity test was unrelated to allegations by suspended cop Adrian Schoolcraft that police supervisors at the 81st Precinct fudged crimes statistics and violated the civil rights of nieghborhood residents. The precinct's commander was recently transferred and the NYPD is looking into Schoolcraft's claims. Stukes was the defendant in a federal lawsuit alleging false arrest in which plaintiff Andre Owens received a $25,000 settlement from the city in April.
Friday, August 27, 2010
Another Cop Arrested for Prostitution
Farmington police officer arrested in prostitution sting
The Salt Lake Tribune by Lindsay Whitehurst and Sheena Mcfarland - July 3, 2010
An off-duty Farmington police officer was arrested during a prostitution sting in Layton on Thursday, police said. Lt. Shane Whitaker, 41, of Syracuse, was one of eight men arrested after Layton police placed a prostitution ad on a website, said Layton police Lt. Quinn Moyes. Undercover officers scheduled appointments with johns, then set up a female decoy at a local hotel. The eight were arrested after offering money for sex acts. Six of the eight were booked into the Davis County jail. Whitaker was not booked because he has brought people to that jail as police officer, and he may not have been safe there, Moyes said. Whitaker was arrested about 1:30 p.m. He was cited for patronizing a prostitute, a class B misdemeanor,fingerprinted and released. One other john, a Salt Lake City man, was also cited and released because police were arresting another man. Whitaker is now on paid suspension until an internal affairs investigation determines what consequences will come from the charges, said Farmington Police Chief Wayne Hansen. “We’re just in total shock and dismay,” he said. The Farmington Police Department has only 18 officers, and Whitaker’s actions “rocked the whole department.” Whitaker has been on the squad for 18 years, and served as interim police chief for about two months in 2001 when then-chief Jeff Jacobson died. Hansen took over afterward. “We’re all really close,” Hansen said. “It’s been devastating.”
The Salt Lake Tribune by Lindsay Whitehurst and Sheena Mcfarland - July 3, 2010
An off-duty Farmington police officer was arrested during a prostitution sting in Layton on Thursday, police said. Lt. Shane Whitaker, 41, of Syracuse, was one of eight men arrested after Layton police placed a prostitution ad on a website, said Layton police Lt. Quinn Moyes. Undercover officers scheduled appointments with johns, then set up a female decoy at a local hotel. The eight were arrested after offering money for sex acts. Six of the eight were booked into the Davis County jail. Whitaker was not booked because he has brought people to that jail as police officer, and he may not have been safe there, Moyes said. Whitaker was arrested about 1:30 p.m. He was cited for patronizing a prostitute, a class B misdemeanor,fingerprinted and released. One other john, a Salt Lake City man, was also cited and released because police were arresting another man. Whitaker is now on paid suspension until an internal affairs investigation determines what consequences will come from the charges, said Farmington Police Chief Wayne Hansen. “We’re just in total shock and dismay,” he said. The Farmington Police Department has only 18 officers, and Whitaker’s actions “rocked the whole department.” Whitaker has been on the squad for 18 years, and served as interim police chief for about two months in 2001 when then-chief Jeff Jacobson died. Hansen took over afterward. “We’re all really close,” Hansen said. “It’s been devastating.”
Cop Arrested for Prostitution
Henderson police officer arrested in prostitution incident
The Las Vegas Review-Journal by Lawrence Mower - August 26, 2010
The Las Vegas Review-Journal by Lawrence Mower - August 26, 2010
A Henderson police officer was arrested over the weekend for soliciting or engaging in prostitution. Michael Stevens, a 34-year-old patrol officer who has been with the department for five years, was booked into Clark County Detention Center early Sunday morning. Las Vegas police Sgt. John Sheahan confirmed that the department arrested Stevens, but did not have more details surrounding the incident. Henderson police spokesman Keith Paul said Stevens is on paid administrative leave pending the outcome of the department's internal investigation. Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440.
Thursday, August 26, 2010
Another Cop Pleads Guilty
Third guilty plea entered in Camden police probe
The Associated Press - August 26, 2010
CAMDEN, N.J. (AP) — Another former Camden police officer has admitted that he and other officers conducted illegal searches, stole money they found and falsified police reports to cover their actions. Forty-seven-year-old Dan Morris of Moorestown, who had been a sergeant, pleaded guilty Thursday to a federal complaint that charged him with conspiring with other Camden officers to deprive citizens of their civil rights. Morris had been a Camden police officer since 1986. He faces up to 10 years in prison when he's sentenced in December. He is the third former officer to plead guilty to participating in the conspiracy. Morris supervised the two others. They are awaiting sentencing.
Department of Justice Press Release
For Immediate Release - August 26, 2010 United States Attorney's Office
District of New Jersey - Contact: (856) 757-5026
Former Camden Police Sergeant Pleads Guilty to Conspiracy to Deprive Others of Civil Rights
CAMDEN, NJ—A former Camden, N.J. police sergeant pleaded guilty today to conspiring with other Camden police officers to deprive others of their civil rights, United States Attorney Paul J. Fishman announced. Dan E. Morris, 47, of Moorestown, NJ, pled guilty to an Information before United States District Judge Robert B. Kugler, admitting that he engaged in a conspiracy with at least four other Camden police officers to deprive individuals of their due process rights while on duty as a uniformed police officer with the Camden Police Department. Morris admitted that between May 2007 and September 2008, he conducted illegal searches without a search warrant or consent; obtained coerced consents to search residences based on threats and undue pressure; stole money during illegal searches and arrests; and allowed officers he supervised to include facts in police reports that were false. Morris is the third to plead guilty to participating in this conspiracy while serving as a Camden police officer. Kevin Parry and Jason Stetser entered guilty pleas before Judge Kugler on March 19, 2010, and June 29, 2010, respectively. Both await sentencing. Two other officers referenced in court documents have not been identified by name. U.S. Attorney Fishman stated: “As a supervisor, Morris had an obligation to hold other officers to the highest standards of behavior. He opted instead to condone and commit a series of crimes. Our Office remains focused on rooting out such corruption, which insidiously eats away at the public’s confidence in those sworn to protect the rights of our citizens.” According to documents filed in this case and statements made in Camden federal court: Morris became an officer with the Camden Police Department in 1986 and served as a sergeant during the relevant period. Morris supervised Parry, Stetser and officers identified in court documents as Officers #2 and #4. Morris admitted that he and other members of the conspiracy conducted illegal searches of residences without warrants or valid consent and that he and other members of the conspiracy stole money during searches. Morris also admitted that the members of the conspiracy he supervised falsified police reports and testified falsely under oath in an endeavor to conceal their actions. During his guilty plea, Morris detailed specific examples of his illegal conduct in support of the conspiracy: In August 2008, Morris and other officers conducted an illegal search of a Camden residence that uncovered drugs which were used to charge a person identified as A.C. Morris also kept a portion of the money found during this search rather than turning it in as evidence. Stetser then falsified a police report in connection with the arrest. In September 2008, Morris, Stetser, and Parry conducted a search of a residence located in the area of Ferry Avenue in Camden. Morris admitted that while conducting the search, he stole a quantity of money he found in a bedroom dresser, sharing $800 with Stetser after the search. On another occasion in the summer of 2008, Morris and Officer #4 stole approximately $1,000 from a car in the area of Washington Park in Camden that Morris and Officer #4 were waiting with until it could be towed away. Morris admitted that he and Officer #4 split the money and he told Officer #4 not to put the money in the bank. Morris pled guilty to conspiring to deprive persons in New Jersey of the free exercise and enjoyment of rights, privileges and immunities secured or protected by the Constitution or laws of the United States, a crime which carries a maximum potential penalty of 10 years in prison and a $250,000 fine. Judge Kugler scheduled sentencing for December 2, 2010. Fishman credited special agents of the FBI’s Resident Agency in Cherry Hill, New Jersey, under the direction of Acting Special Agent in Charge Jayne L. Challman; investigators and prosecutors of the Camden County Prosecutor’s Office, under the direction of Prosecutor Warren W. Faulk; the Camden Police Department, under the direction of Chief John S. Thomson; and deputy attorney generals from the New Jersey Attorney General’s Office, Division of Criminal Justice, under the direction of Attorney General Paula T. Dow, with developing the investigation. The government is represented by Assistant U.S. Attorneys Kevin T. Smith and Matthew J. Skahill of the U.S. Attorney’s Office Criminal Division in Camden, along with Special Assistant U.S. Attorney Susan Kase, a Deputy Attorney General and Deputy Chief of the Public Corruption Unit with the New Jersey Attorney General’s Office on special assignment for purposes of this investigation. Defense counsel: Paul A. Sarmousakis, Esq., Avalon, N.J.
The Associated Press - August 26, 2010
CAMDEN, N.J. (AP) — Another former Camden police officer has admitted that he and other officers conducted illegal searches, stole money they found and falsified police reports to cover their actions. Forty-seven-year-old Dan Morris of Moorestown, who had been a sergeant, pleaded guilty Thursday to a federal complaint that charged him with conspiring with other Camden officers to deprive citizens of their civil rights. Morris had been a Camden police officer since 1986. He faces up to 10 years in prison when he's sentenced in December. He is the third former officer to plead guilty to participating in the conspiracy. Morris supervised the two others. They are awaiting sentencing.
Department of Justice Press Release
For Immediate Release - August 26, 2010 United States Attorney's Office
District of New Jersey - Contact: (856) 757-5026
Former Camden Police Sergeant Pleads Guilty to Conspiracy to Deprive Others of Civil Rights
CAMDEN, NJ—A former Camden, N.J. police sergeant pleaded guilty today to conspiring with other Camden police officers to deprive others of their civil rights, United States Attorney Paul J. Fishman announced. Dan E. Morris, 47, of Moorestown, NJ, pled guilty to an Information before United States District Judge Robert B. Kugler, admitting that he engaged in a conspiracy with at least four other Camden police officers to deprive individuals of their due process rights while on duty as a uniformed police officer with the Camden Police Department. Morris admitted that between May 2007 and September 2008, he conducted illegal searches without a search warrant or consent; obtained coerced consents to search residences based on threats and undue pressure; stole money during illegal searches and arrests; and allowed officers he supervised to include facts in police reports that were false. Morris is the third to plead guilty to participating in this conspiracy while serving as a Camden police officer. Kevin Parry and Jason Stetser entered guilty pleas before Judge Kugler on March 19, 2010, and June 29, 2010, respectively. Both await sentencing. Two other officers referenced in court documents have not been identified by name. U.S. Attorney Fishman stated: “As a supervisor, Morris had an obligation to hold other officers to the highest standards of behavior. He opted instead to condone and commit a series of crimes. Our Office remains focused on rooting out such corruption, which insidiously eats away at the public’s confidence in those sworn to protect the rights of our citizens.” According to documents filed in this case and statements made in Camden federal court: Morris became an officer with the Camden Police Department in 1986 and served as a sergeant during the relevant period. Morris supervised Parry, Stetser and officers identified in court documents as Officers #2 and #4. Morris admitted that he and other members of the conspiracy conducted illegal searches of residences without warrants or valid consent and that he and other members of the conspiracy stole money during searches. Morris also admitted that the members of the conspiracy he supervised falsified police reports and testified falsely under oath in an endeavor to conceal their actions. During his guilty plea, Morris detailed specific examples of his illegal conduct in support of the conspiracy: In August 2008, Morris and other officers conducted an illegal search of a Camden residence that uncovered drugs which were used to charge a person identified as A.C. Morris also kept a portion of the money found during this search rather than turning it in as evidence. Stetser then falsified a police report in connection with the arrest. In September 2008, Morris, Stetser, and Parry conducted a search of a residence located in the area of Ferry Avenue in Camden. Morris admitted that while conducting the search, he stole a quantity of money he found in a bedroom dresser, sharing $800 with Stetser after the search. On another occasion in the summer of 2008, Morris and Officer #4 stole approximately $1,000 from a car in the area of Washington Park in Camden that Morris and Officer #4 were waiting with until it could be towed away. Morris admitted that he and Officer #4 split the money and he told Officer #4 not to put the money in the bank. Morris pled guilty to conspiring to deprive persons in New Jersey of the free exercise and enjoyment of rights, privileges and immunities secured or protected by the Constitution or laws of the United States, a crime which carries a maximum potential penalty of 10 years in prison and a $250,000 fine. Judge Kugler scheduled sentencing for December 2, 2010. Fishman credited special agents of the FBI’s Resident Agency in Cherry Hill, New Jersey, under the direction of Acting Special Agent in Charge Jayne L. Challman; investigators and prosecutors of the Camden County Prosecutor’s Office, under the direction of Prosecutor Warren W. Faulk; the Camden Police Department, under the direction of Chief John S. Thomson; and deputy attorney generals from the New Jersey Attorney General’s Office, Division of Criminal Justice, under the direction of Attorney General Paula T. Dow, with developing the investigation. The government is represented by Assistant U.S. Attorneys Kevin T. Smith and Matthew J. Skahill of the U.S. Attorney’s Office Criminal Division in Camden, along with Special Assistant U.S. Attorney Susan Kase, a Deputy Attorney General and Deputy Chief of the Public Corruption Unit with the New Jersey Attorney General’s Office on special assignment for purposes of this investigation. Defense counsel: Paul A. Sarmousakis, Esq., Avalon, N.J.
Wednesday, August 25, 2010
Video Shows Trooper Chatting With Boss He Pulled Over For Speeding
Video shows trooper chatting with boss he pulled over for speeding
The Star-Ledger by Chris Megerian - August 25, 2010
A photo of video taken by the officer's dashcam, State Police Staff Sgt. William Walsh chats with his boss, whom he caught doing 10 mph over the speed limit on Aug. 13.
TRENTON, NJ — State Police Staff Sgt. William Walsh called in the motor vehicle stop in much the same way he did so many others in his 22-year career. "Black Chevy, tinted windows, looks like one white male," he told the dispatcher on Aug. 13. The driver had been clocked at 75 mph, 10 miles over the speed limit on the Garden State Parkway in Paramus at about 11:30 a.m. Walsh didn’t realize whom he pulled over until he got to the window. Then he quickly reached into the sport utility vehicle to shake hands with the driver: his boss, State Police Superintendent Rick Fuentes. "I didn’t realize it was you," Walsh said. Today, The Star-Ledger reviewed audio and dashboard video recordings from the motor vehicle stop, as well as related documents. Much of the conversation between Walsh and Fuentes, recorded by a standard-issue microphone worn by Walsh, was drowned out by wind and the sound of cars whizzing by on the highway. The two men were clearly friendly. They could be heard trading niceties such as "How have you been?" At one point Fuentes apologized, saying, "Sorry about that." The entire stop lasted two minutes. Walsh did not try to give Fuentes a ticket, and Fuentes did not ask for one during the stop. But State Police spokesman Capt. Gerald Lewis said the superintendent reported the stop to the Office of Professional Standards that afternoon to request a ticket. "He was adamant about wanting to receive the summons," Lewis said. "There was no discussion."
N.J. State Police superintendent is pulled over for speeding on Garden State Parkway
When asked why Fuentes did not request a ticket during the stop, Lewis said the superintendent made the right call. "He was trying to remove the trooper from a difficult decision," he said. "Anyone put in that position would find it difficult to have to consider writing their boss a ticket." Five days later, on Aug. 18, a ranking internal affairs officer issued Fuentes a $160 ticket, which he paid Monday. The ticket also added two points to his license. Fuentes, who was driving a state-issued SUV, was clocked driving 75 mph in a 65 mph zone at milepost 164.1, Lewis said. Just one mile earlier, the speed limit is 55 mph, meaning Fuentes would have faced a four-point ticket costing $200. In addition to his ticket, Fuentes received a written reprimand as a disciplinary action. "As the leader of the New Jersey State Police I am held to a higher standard and obligated to lead by example," Fuentes said in a statement. "My insistence on receiving a motor vehicle summons for speeding was a matter of accepting responsibility." Fuentes last received a ticket in 1976 for driving less than 10 mph over the speed limit, Motor Vehicle Commission spokesman Mike Horan said. Fuentes joined the State Police in 1978 and has been superintendent for seven years. Lewis said Walsh pulled over nine drivers, including Fuentes, on Aug. 13. He issued tickets during two of those stops. Overall, Lewis said, 30 percent of all State Police motor vehicle stops end without any enforcement action, such as an arrest, ticket or warning.
The Star-Ledger by Chris Megerian - August 25, 2010
A photo of video taken by the officer's dashcam, State Police Staff Sgt. William Walsh chats with his boss, whom he caught doing 10 mph over the speed limit on Aug. 13.
TRENTON, NJ — State Police Staff Sgt. William Walsh called in the motor vehicle stop in much the same way he did so many others in his 22-year career. "Black Chevy, tinted windows, looks like one white male," he told the dispatcher on Aug. 13. The driver had been clocked at 75 mph, 10 miles over the speed limit on the Garden State Parkway in Paramus at about 11:30 a.m. Walsh didn’t realize whom he pulled over until he got to the window. Then he quickly reached into the sport utility vehicle to shake hands with the driver: his boss, State Police Superintendent Rick Fuentes. "I didn’t realize it was you," Walsh said. Today, The Star-Ledger reviewed audio and dashboard video recordings from the motor vehicle stop, as well as related documents. Much of the conversation between Walsh and Fuentes, recorded by a standard-issue microphone worn by Walsh, was drowned out by wind and the sound of cars whizzing by on the highway. The two men were clearly friendly. They could be heard trading niceties such as "How have you been?" At one point Fuentes apologized, saying, "Sorry about that." The entire stop lasted two minutes. Walsh did not try to give Fuentes a ticket, and Fuentes did not ask for one during the stop. But State Police spokesman Capt. Gerald Lewis said the superintendent reported the stop to the Office of Professional Standards that afternoon to request a ticket. "He was adamant about wanting to receive the summons," Lewis said. "There was no discussion."
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N.J. State Police superintendent is pulled over for speeding on Garden State Parkway
When asked why Fuentes did not request a ticket during the stop, Lewis said the superintendent made the right call. "He was trying to remove the trooper from a difficult decision," he said. "Anyone put in that position would find it difficult to have to consider writing their boss a ticket." Five days later, on Aug. 18, a ranking internal affairs officer issued Fuentes a $160 ticket, which he paid Monday. The ticket also added two points to his license. Fuentes, who was driving a state-issued SUV, was clocked driving 75 mph in a 65 mph zone at milepost 164.1, Lewis said. Just one mile earlier, the speed limit is 55 mph, meaning Fuentes would have faced a four-point ticket costing $200. In addition to his ticket, Fuentes received a written reprimand as a disciplinary action. "As the leader of the New Jersey State Police I am held to a higher standard and obligated to lead by example," Fuentes said in a statement. "My insistence on receiving a motor vehicle summons for speeding was a matter of accepting responsibility." Fuentes last received a ticket in 1976 for driving less than 10 mph over the speed limit, Motor Vehicle Commission spokesman Mike Horan said. Fuentes joined the State Police in 1978 and has been superintendent for seven years. Lewis said Walsh pulled over nine drivers, including Fuentes, on Aug. 13. He issued tickets during two of those stops. Overall, Lewis said, 30 percent of all State Police motor vehicle stops end without any enforcement action, such as an arrest, ticket or warning.
Thursday, August 12, 2010
Ex-Cop, Convicted of Perjury, Escapes Jail
James Sutera, ex-cop convicted of perjury, escapes jail time because he's 'suffered enough'
The New York Daily News by Melissa Grace - August 11, 2010
An ex-cop convicted of perjury avoided jail time Wednesday when a Manhattan judge said he'd "suffered enough." Instead, he was sentenced to five years probation for lying about offering to help a co-worker cheat on an exam to become a Waterfront Commission detective. Sutera, who was also accused of cheating on the exam, vows to appeal. His lawyer says he's a low-level fall guy in a wider corruption investigation. "Not a single executive from that place faced any charges at all, they all walked away with their nice pensions and their reputations intact. They're probably on some beach," he said of the former commission brass. The charges against Sutera were the only ones that resulted from a two-year investigation of the commission by the state Inspector General's office. While he was convicted of one perjury count, the jury cleared Sutera of charges he also lied when he told probers he didn't cheat and didn't get test answers from ex-Jersey Commissioner Michael Madonna. Madonna - who was fired in August 2009 by the- Gov. Jon Corzine after a report showed rampant corruption at the commission - was never charged. Prosecutors demanded Sutera be caged to show the justice system is tough on cops who commit perjury. The judge disagreed. "I do believe you've suffered enough because of this case," Manhattan Supreme Court Justice Bruce Allen told Sutera.
The New York Daily News by Melissa Grace - August 11, 2010
An ex-cop convicted of perjury avoided jail time Wednesday when a Manhattan judge said he'd "suffered enough." Instead, he was sentenced to five years probation for lying about offering to help a co-worker cheat on an exam to become a Waterfront Commission detective. Sutera, who was also accused of cheating on the exam, vows to appeal. His lawyer says he's a low-level fall guy in a wider corruption investigation. "Not a single executive from that place faced any charges at all, they all walked away with their nice pensions and their reputations intact. They're probably on some beach," he said of the former commission brass. The charges against Sutera were the only ones that resulted from a two-year investigation of the commission by the state Inspector General's office. While he was convicted of one perjury count, the jury cleared Sutera of charges he also lied when he told probers he didn't cheat and didn't get test answers from ex-Jersey Commissioner Michael Madonna. Madonna - who was fired in August 2009 by the- Gov. Jon Corzine after a report showed rampant corruption at the commission - was never charged. Prosecutors demanded Sutera be caged to show the justice system is tough on cops who commit perjury. The judge disagreed. "I do believe you've suffered enough because of this case," Manhattan Supreme Court Justice Bruce Allen told Sutera.
Sunday, August 1, 2010
Bad Cops' Guarantee'
Bad cops' 'guarantee'
By PHILIP MESSING and REUVEN BLAU
It's the deal of a lifetime. A controversial bill now before Gov. Paterson would guarantee cops and firefighters generous pensions after 20 years on the job -- even if they get in trouble. The proposal, backed by the city's uniformed unions and criticized by Mayor Bloomberg, has passed the Senate and Assembly. "The practical effect of this legislation would be to insulate those with over 20 years in service from the consequences of serious misconduct," Micha Lasher, Bloomberg's director of state legislative affairs, wrote Thursday in a letter to Paterson obtained by The Post. Currently, New York City cops and firefighters who survive 20 years of service face losing their pensions if cited for any misdeed leading to dismissal. In the last 3½ years, a source said, the NYPD has axed six employees with more than 20 years' time, thus stripping them of benefits. Detective Christopher Perino, a 22-year vet, lost $2 million in projected pension payouts to a perjury conviction. He had testified that he did not interrogate a murder suspect, who later produced a secretly recorded tape of Perino grilling him. To avoid the so-called "pension roulette" that sealed such disgraced cops and firefighters' fates, many now retire after their 20th year. After two decades of service, they can immediately start collecting half-pay pensions, usually while still in their early 40s, young enough to start second careers. And if they get in trouble after they've left the NYPD or FDNY, they keep their benefits. So-called "Mafia cops" Louis Eppolito and Stephen Caracappa are cases in point. Both collect NYPD pensions while serving life sentences for committing a string of contract murders for the Lucchese crime family. All of which prompted the controversial measure's sponsor, state Sen. Diane Savino (D-SI), to predict that "this bill will actually provide an incentive for [cops and firefighters] to stay after 20 years." "It does not protect anyone from discipline and merely seeks to protect vested pension rights accumulated over decades of service," said Roy Richter, president of the Captains Benevolent Association. The NYPD did not return a call, but Fire Commissioner Salvatore Cassano has stated that he doesn't like the idea. "We oppose this bill because it takes away from the commissioner's discretion in these cases," said FDNY spokesman Steve Ritea. As of last night. the bill's fate remained unclear. "[The governor] will certainly review it and solicit input from various stakeholders," said spokeswoman Maggie McKeon. philip.messing@ nypost.com
By PHILIP MESSING and REUVEN BLAU
It's the deal of a lifetime. A controversial bill now before Gov. Paterson would guarantee cops and firefighters generous pensions after 20 years on the job -- even if they get in trouble. The proposal, backed by the city's uniformed unions and criticized by Mayor Bloomberg, has passed the Senate and Assembly. "The practical effect of this legislation would be to insulate those with over 20 years in service from the consequences of serious misconduct," Micha Lasher, Bloomberg's director of state legislative affairs, wrote Thursday in a letter to Paterson obtained by The Post. Currently, New York City cops and firefighters who survive 20 years of service face losing their pensions if cited for any misdeed leading to dismissal. In the last 3½ years, a source said, the NYPD has axed six employees with more than 20 years' time, thus stripping them of benefits. Detective Christopher Perino, a 22-year vet, lost $2 million in projected pension payouts to a perjury conviction. He had testified that he did not interrogate a murder suspect, who later produced a secretly recorded tape of Perino grilling him. To avoid the so-called "pension roulette" that sealed such disgraced cops and firefighters' fates, many now retire after their 20th year. After two decades of service, they can immediately start collecting half-pay pensions, usually while still in their early 40s, young enough to start second careers. And if they get in trouble after they've left the NYPD or FDNY, they keep their benefits. So-called "Mafia cops" Louis Eppolito and Stephen Caracappa are cases in point. Both collect NYPD pensions while serving life sentences for committing a string of contract murders for the Lucchese crime family. All of which prompted the controversial measure's sponsor, state Sen. Diane Savino (D-SI), to predict that "this bill will actually provide an incentive for [cops and firefighters] to stay after 20 years." "It does not protect anyone from discipline and merely seeks to protect vested pension rights accumulated over decades of service," said Roy Richter, president of the Captains Benevolent Association. The NYPD did not return a call, but Fire Commissioner Salvatore Cassano has stated that he doesn't like the idea. "We oppose this bill because it takes away from the commissioner's discretion in these cases," said FDNY spokesman Steve Ritea. As of last night. the bill's fate remained unclear. "[The governor] will certainly review it and solicit input from various stakeholders," said spokeswoman Maggie McKeon. philip.messing@ nypost.com
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