NYPD Captain Who Exposed Himself Keeps Pension

NYPD captain who exposed himself in subway station gets to keep pension
The New York Daily News by BRENDAN BROSH - August 11, 2009

An NYPD captain who exposed himself in a Queens subway station while on duty got off with a slap on the wrist Monday - and his full pension. Transit Bureau Capt. Jeffrey Klimas tried to fondle a 20-year-old man in a bathroom at the Union Turnpike station in Kew Gardens in May 2008, prosecutors said. Klimas pleaded guilty to public lewdness and disorderly conduct in October 2008. Prosecutors asked for the misdemeanor lewdness charges to be dismissed after he completed a psychotherapy program and agreed to resign from the NYPD. Klimas - who started with the NYPD in 1983 - was docked 11 vacation days, but left the force with his full pension, his lawyer Jeffrey Lichtman said. Queens Criminal Court Judge Stephanie Zaro told Klimas to "stay out of trouble for a year." The 20-year-old man told police investigators he was involved in a romantic relationship with the married cop. Klimas, 52, was charged with two counts of public lewdness and suspended from the force at the time. The veteran transit officer was also accused of fondling a teenager on the No. 4 train in 2003. Those charges were reportedly dismissed as unfounded.

Prior News Article:

Police Captain Grilled

The New York Post by John Doyle, Larry Celona and Dan Mangan

May 28, 2008 -- An NYPD captain allegedly sexually exposed himself to a young man at a Queens subway station yesterday while on duty, and was taken into custody after the victim alerted a cop, police sources said.Transit Bureau Capt. Jeffrey Klimas, 51, was charged with two counts of public lewdness last night, given a desk-appearance ticket, and suspended. Multiple police sources said the married father of two had long been suspected of trolling for encounters in the subway system, despite being executive officer of the Transit Bureau's Special Operations District. A police source called the 25-year veteran "eccentric" and "like a Jim McGreevey" - referring to the gay former New Jersey governor's penchant for searching for sex with men at highway rest stops while still closeted. The source said Klimas, who lives with his paralegal wife, Loraine, in New Hyde Park, LI, signed in yesterday morning at the District 20 Transit Bureau at the Van Wyck/Briarwood station in Queens, then boarded an F train, in plainclothes for his Brooklyn office. He got off at the Union Turnpike station and exposed himself to a young man in a station bathroom, sources said. The young man saw a cop and reported that he had been accosted, a source said. "The cop goes with him, and [the man] points out the guy, and it's Klimas," the source said. Klimas ran away and when the cop apprehended him, the captain became irate, saying, "Don't you know who I am," identifying himself by name and rank, sources said. The second lewdness count against Klimas stems from an April 2007 incident, also at a Queens subway station, but details were not immediately available. "He did it again," said another high-ranking police source, who was aware of another incident in which Klimas was caught allegedly soliciting a man in 2003 but escaped without charges. In that incident, a teen claimed Klimas fondled him on a No. 4 train. The youth ran off the train at Borough Hall and pointed out the captain. But an investigation determined the claim was unfounded, saying the accuser was emotionally disturbed, sources said. Klimas' neighbors were shocked that the deeply religious man known for his regular attendance at church was caught up in a sex scandal. "In a million years, I wouldn't believe that," said Annette Palazzollo, a neighbor and close friend. "He's a wonderful man. He's good with his children. He's always playing with his son outside." Additional reporting by Tatiana Deligiannakis, Erika Martinez, Reuven Fenton and Peter Cox john.doyle@nypost.com

Bust of Corrupt US Border Police On Rise

AP IMPACT: Busts of corrupt US border police rise
By MARTHA MENDOZA and CHRISTOPHER SHERMAN (AP) - August 10, 2009

McALLEN, Texas — Corruption along the U.S.-Mexican border takes many forms. It can start as simply as a smuggler's $50 gift to the child of a reluctant federal agent, quickly escalating to out-and-out bribes. "Everyone does it," the agent, now in prison, recalls telling himself. Other times, county sheriffs greedily grab thousands from drug dealers. In a few instances, traffickers even place members in the applicant pool for sensitive border protection jobs. An Associated Press investigation has found U.S. law officers who work the border are being charged with criminal corruption in numbers not seen before, as drug and immigrant smugglers use money and sometimes sex to buy protection, and internal investigators crack down. Based on Freedom of Information Act requests, interviews with sentenced agents and a review of court records, the AP tallied corruption-related convictions against more than 80 enforcement officials at all levels — federal, state and local — since 2007, shortly after Mexican President Felipe Calderon declared war on the cartels that peddle up to $39 billion worth of drugs in the United States each year. U.S. officials have long pointed to Mexico's rampantly corrupt cops and broken judicial system, but Calderon told the AP this isn't just a Mexican problem. "To get drugs into the United States the one you need to corrupt is the American authority, the American customs, the American police — not the Mexican. And that's a subject, by the way, which hasn't been addressed with sincerity," the Mexican president said. "I'm waging my battle against corruption among Mexican authorities and we're risking everything to clean our house, but I think there also needs to be a good cleaning on the other side of the border." In fact, U.S. prosecutors have been taking notice. Drug traffickers look "for weaknesses in the armor," said former prosecutor Yolanda de Leon in Cameron County, Texas. One such weakness was her own county's Sheriff Conrado Cantu. With his thick mustache, ample belly and Western hat, Cantu was a backslapping natural in the political machine of Cameron County, population 335,000. The county includes Brownsville, Texas, directly across the Rio Grande from Matamoros, Mexico. In no time, Cantu rose from constable to sheriff, a job he later acknowledged he was unqualified to hold. In 2005, he pleaded guilty to federal charges of running a criminal enterprise involved in extortion, drug trafficking and bribery. He's now serving a 24-year sentence for extorting money from drug traffickers and illegal gambling operations. "If the opportunity came along he would take it," said de Leon. Not all corruption charges that turned up in AP's checks were related to drug trafficking. The researched cases involve agents helping smuggle immigrants, drugs or other contraband, taking wads of money or sexual favors in exchange — or simply allowing entry to someone whose paperwork isn't up to snuff, all part of the daily border traffic that has politicians demanding that the U.S.-Mexico border be secured. Court records show corrupt officials along the 2,100-mile U.S.-Mexico border have included local police and elected sheriffs, and officers with such U.S. Department of Homeland Security agencies as Immigration and Customs Enforcement and Customs and Border Protection, which includes Border Patrol. Some have even been National Guardsmen temporarily called in to help while the Border Patrol expanded its ranks. As Calderon sent thousands of soldiers to northern Mexico to stop the gruesome cartel violence and clean out corrupt police departments, CBP, the largest U.S. law enforcement agency, boosted its border forces by 44 percent or 6,907 additional officers and agents on the southwest border. At the same time, CBP saw the number of its officers charged with corruption-related crimes nearly triple, from eight cases in fiscal 2007 to 21 the following year — and began to crack down.

"Day in, day out, someone in our agency is approached and says no, but we operate in this high-threat environment," said James Tomsheck, assistant commissioner for internal affairs at CBP. "The reality of it is we are deeply concerned." In the past 10 months, 20 agents from CBP alone have been charged with a corruption-related crime. At that pace, the organization will set a new record for in-house corruption; 90 employees have been charged with corrupt acts since October 2004. Agency officials expect those cases to continue to climb: There are 63 open criminal investigations — including corruption cases — against CBP employees. At least as unsettling were the prospective agents who never got to commit their crimes: Four applicants for jobs in federal border law enforcement were not hired when polygraph tests and background checks confirmed they were infiltrators from drug trafficking operations, authorities said. Such in-depth checks are conducted on only about 10 percent of applicants for border agent jobs, though such scrutiny will eventually be made standard for all applicants, according to Tomsheck. Meantime, officials are left to wonder: Are other gangsters working undercover for agencies charged with protecting the U.S. border? CBP had more than 2,000 in-house discipline cases during the past three years, according to records obtained by the AP under the Freedom of Information Act. Most were minor, but about 100 reflected more serious, corruption-related incidents, many of which were later prosecuted. The jump in corruption cases comes as CBP has increased its team of internal investigators from five three years ago to 220 today. CBP's own investigation of corruption cases showed little correlation between minor disciplinary problems and the more serious instances of bribery and malfeasance.  "Virtually none of the employees arrested for corruption are employees that have serious misconduct issues," Tomsheck said. "Actively corrupt employees do everything they can to stay below the radar screen." It can be heartbreaking to see agents switch sides for small amounts of money, said U.S. Attorney Tim Johnson, whose turf covers a long stretch of border from the Gulf of Mexico to Laredo, Texas. But, Johnson and other federal prosecutors say, "these cases will always have a priority" and must be prosecuted "to the fullest extent," to emphasize that corruption will not be tolerated. "You can't allow people who work within the law enforcement community to compromise our mission. We would just lose control of everything down there," he said. It's a lesson Mexico learned the hard way, ignoring for years corrupt police until Calderon began to replace them with military personnel. In Texas, which has more than half the U.S. border with Mexico, the commission that oversees state and local law enforcement officers reported that criminal misconduct cases were opened against 515 officers in fiscal 2007 and 550 officers in fiscal 2008. Some form of disciplinary action was lodged against 324 and 331 peace officer licenses, respectively, in those years. "The cartels increasingly recruit law enforcement officers on both sides of the border," Steve McCraw, then Texas's homeland security chief, told state lawmakers earlier this year. "It's not just a Mexico problem because of the amount of money involved. And as we've increased presence between the ports (of entry), there's an increased desire to recruit law enforcement personnel to move across the bridge or use them between the ports."

In-house CBP data shows corrupt agents fall into two categories — recent hires who are charged very quickly, indicating they took the jobs intending to break the law, and veteran agents who have worked for the agency for a decade or more before succumbing to the offers. "From the Mexican cartels' point of view, it is cheaper to pay an official several thousand dollars to allow a load of narcotics to pass by than it is to risk having the shipment seized," Scott Stewart and Fred Burton, vice presidents of global intelligence firm Stratfor, wrote in a recent report. "Such bribes are simply part of the cost of doing business — and in the big picture, even a low-level agent can be an incredible bargain." One such officer, a CBP agent convicted of taking money to smuggle illegal immigrants, was over his head with credit card debt, behind on child-support payments, about to lose his truck. His 10-year-old, whom he had taken to the mall for the day, wanted a football he couldn't afford. That's when a friendly, familiar Mexican man pulled a $50 bill from a thick wallet and handed it to the agent's son, who snatched the money and dashed off to the Dallas Cowboys Pro Shop. The father related the story in the visiting room of a federal prison in California where he is serving a four-year term. "I was like, 'Wait son, hang on!' but he was gone, so happy with that money," said the former agent, whom prison officials allowed the AP to interview on condition of anonymity because convicted law enforcement officers are considered potential targets. That was how it began, the ex-agent continued. A few weeks later, the Mexican man suggested that the officer let a man through his pedestrian checkpoint early one morning without asking questions. He'd get $5,000 for his trouble. "I thought, 'Naaah, I can't do that.' Then I thought, 'Hell, my life's a mess. Everyone does it. If I'm caught I'll just say the guy got past me. I'll do it once. I could use the money,'" he recalled. The cash came in handy. He bought clothes for his kids, jerseys for a youth team he coached; he made his truck payment, caught up on credit card bills. The next time was easier, if less lucrative: $1,500 a person.Nervously smoothing his prison-green scrubs, he said, "I really planned to stop." But then another offer came, even while colleagues warned him the FBI was snooping around. And then a woman he had illegally passed through named him when she was caught by an honest agent. He was convicted for passing one person through. He paid $5,000 in fines in addition to the prison term.

"You want to know how many times I did this?" he asked. "Sixty-six. I kept a tally." The men and women who were caught described their jobs as prestigious and well paid for the small border towns where they grew up. An entry-level CBP officer earns $37,000 a year in Laredo, and within a year is likely paid $41,000, well above the local average annual income of $25,000. In border communities, the demarcation between countries is insignificant. People live on one side, work on the other; have a favorite barber on one side, but buy groceries on the other. The traffic is heavy, and constant. Some of the border authorities were born in Mexico or are related to Mexican nationals. So do you let a colleague's Mexican aunt cross the border without a visa for a family birthday party? Or wave through a loaded truck that belongs to your bosses' brother-in-law without looking inside? Some agents said yes. And so did some state and local officers. The deputy commander of a narcotics task force was caught in a sting operation protecting what he believed were loads of drugs moving through Zapata County; others have shaken down drug traffickers moving product through their turf. In October, FBI agents arrested Starr County Sheriff Reymundo Guerra at his office as part of a sweep dubbed "Operation Carlito's Weigh." Guerra, the chief law enforcement officer for the border county of 62,000 people, had spent a decade as sheriff. There was little public pressure for his ouster after his arrest and since he was running unopposed, Guerra was re-elected weeks later. County Judge Eloy Vera said the day of his arrest that Guerra, a mustachioed bear of man, was a "very good sheriff." He resigned only as a condition of his release pending trial. In May, Guerra pleaded guilty to a drug trafficking charge for accepting thousands of dollars in exchange for passing information to a former Mexican law enforcement contact who he knew was working for Mexico's Gulf Cartel. Guerra once even gave false documents to one of his own deputies to close a drug trafficking investigation, prosecutors said. Guerra could face up to life in prison when he is sentenced later this month. Martha Mendoza reported from San Jose, Calif.

Citizens Group Upset Over Police Cover-Up Reports

Anti-Corruption Rally To Be Held At Hollywood PD
CBS 4 - Hollywood, Florida by Lisa Cilli - August 6, 2009

Hollywood police officers are accused of doctoring a police report following a rear end collision during a traffic stop in February. A group of people are holding a rally Thursday evening against the Hollywood Police Department in the wake of an alleged police cover-up and what they call corruption within the department.  The rally will be held outside the city's police department, located at 3250 Hollywood Boulevard, beginning at 6:00 p.m.  The rally, organized by grass-roots activism group "Broward Corruption Watch", comes a week after a video was released that showed several police officers discussing doctoring a police report to help a fellow officer involved in a car crash in February.  That's when 23-year old Alexandra Torrens-Vilas was pulled over in the 28-hundred block of Sheridan Street on the suspicion of drunk driving. As Hollywood police officer Joel Francisco pulled in behind her, he rear-ended her car.

The officer's dash cam video then recorded an apparent conspiracy when Francisco and another officer discussed covering up the cause of the accident and putting the blame on Torrens-Vilas.  The following can be heard on the tape: "We'll bend this a little bit. She's drunk so it is what it is. I don't want you to make things up ever, it's wrong, but if I need to bend to protect the cop, I'm gonna."  Three Hollywood police officers and two civilian employees were suspended for the alleged cover up.  The Broward State Attorney's Office later dropped the DUI and improper lane charges against Torrens-Vilas saying the videotape would, "raise questions about the accident."  Twenty-seven other cases involving the suspended officers are now being reviewed, as well as some closed cases.  Personnel files obtained by CBS4 News also show that Officer Joel Francisco, who rear-ended the DUI suspect's car, has had seven accidents in city vehicles in the last 10 years. His driving record is so bad he was ordered to go to traffic school a few years ago.  Torrens-Vilas, meantime, may file a suit against the city's police department.

Lawsuit Planned in Police Corruption Cases

Lawsuit planned in Benton Harbor corruption cases
Mother of man arrested by Benton Harbor police will seek restitution.
The Tribune by CAROL DRAEGER - August 4, 2009

 
BENTON HARBOR, MI -- Benton Harbor's Police Department is in the middle of a public relations nightmare. The three-year police chief, Al Mingo, will retire early in the wake of a police corruption scandal that has already sent one officer -- Andrew Collins -- to prison for 37 months. Another narcotics officer, Sgt. Bernard Hall, was recently indicted on similar corruption charges involving falsifying search warrants and lying about drug buys. Earlier this year another officer was under the microscope for mishandling vehicle titles. While Mingo has said the Police Department has initiated and cooperated in all of the investigations, the fallout has resulted in Berrien County prosecutors' dismissing search warrants and expunging the records of at least 30 criminals. And that's just the beginning.  More dismissals may be on the way as Berrien County prosecutors review about 100 arrest cases that Collins and Hall handled. Not surprisingly, the Police Department may soon be fending off a lawsuit. Rachelle Moore, the mother of one of the felons that Collins and Hall put in prison, said she plans to file a civil lawsuit against the BHPD. Berrien County prosecutors expunged two drug convictions against Craig Eugene Moore Jr. on July 14, but the 23-year-old will remain in prison until December 2010 on a third drug conviction, according to the Michigan Department of Corrections. Rachelle Moore said she knows her son has been in trouble for marijuana possession charges, but she said the other "trumped up" charges made by Collins and Hall has cost her family.

Craig Moore was first charged with delivery/manufacture of marijuana in 2006, according to DOC records. He served about five months in prison. In 2008, he was arrested on a series of marijuana violations. Two of those recent convictions were expunged, but a third conviction still stands, which means Moore will remain behind bars until next year, Russ Marlan a Michigan DOC spokesman, said. "How do you pay back the children for the emotional abuse they've suffered?" Moore said, referring to the convicts as "children." She said the wrongful convictions have cost families money. "We want our bond money back and the restitution we've paid." In addition to Moore, prosecutors in July also dropped drug charges and/or dismissed sentences for: Natosha Bowman, Kendall Brown, Daniel Green, Monroe Lee Hill Jr., Michael Horn, Brian McKinney, Ronald Williams, Dunshan Evans, Phillip Washington, Chequila King, Donald Adams, Courtney Warren. Two outstanding arrest warrants also were dismissed.

Defenders, prosecutors review cases involving Broward deputy accused of sexual abuse
'Those cases are going to fall apart,' said Public Defender Howard Finkelstein
The South Florida Sun Sentinel by Ihosvani Rodriguez, Juan Ortega and Joel Marino - August 5, 2009

FORT LAUDERDALE, FL - Prosecutors and public defenders are reviewing at least 15 pending criminal cases -- an attempted murder case among them -- that may depend on the testimony of accused Broward Sheriff's Deputy Jonathan Bleiweiss. Broward Public Defender Howard Finkelstein said Wednesday that his staffers also are looking at recently closed cases. He said they have been getting unconfirmed reports that the deputy might have been physically abusing homeless people. Bleiweiss' attorney said those reports are false. "He's an open target now, especially as a law enforcement officer, and as an openly gay deputy," said Eric Schwartzreich."Where were all these people before? You have to be suspicious of their motivations and biases. You have a good, tough officer, and naturally people are not going to like him." Bleiweiss, 29, is accused of intimidating at least eight illegal immigrants he picked up on traffic stops, including a teen, into performing sexual acts while he was on duty in Oakland Park. He faces 14 criminal charges. Broward Sheriff's Office officials said Wednesday they are considering more charges against Bleiweiss. Investigators ask that other people come forward if they have information about Bleiweiss. Ron Ishoy, spokesman for the Broward State Attorney's Office, said prosecutors also are reviewing cases that call for Bleiweiss' testimony. They will be "evaluated on a case-by-case basis to determine if the state can, in good faith, proceed with prosecuting any of those cases without the deputy's testimony," Ishoy said.  Among the pending cases under review are two unrelated batteries on a law enforcement officer, an armed robbery and several arrests on charges of driving under the influence. Details of the cases were not released, pending notification of the defense attorneys handling them. "Basically, if there are any cases involving Deputy Jonathan Bleiweiss, chances are those cases are going to fall apart," Finkelstein said. "I don't think the deputy will be cooperating with the State Attorney's Office, the same people who are prosecuting him."

The seven-year veteran deputy is jailed without bail and in protective custody. His attorney said Wednesday he plans to seek a new bail hearing. Reached at his home in Ashland, Oregon, Rick Bleiweiss, said he has spoken to his son regularly since his arrest. "He is absolutely innocent," Bleiweiss said. He declined to comment further. The case against Bleiweiss will depend heavily on the cooperation of those who have accused him. That might prove difficult to obtain. South Florida immigration attorneys say illegal immigrants who are victims in criminal cases might be wary of testifying in court for various reasons, including concern they will be arrested or deported. "Some cooperate and some have shied away," said Jeffrey Brauwerman, a former immigration judge who practices immigration law in Plantation. "Cases do fall apart when witnesses are unavailable." Miami immigration attorney Ira Kurzban said authorities might be able to persuade immigrants to testify by providing them visas under a law that protects crime victims. Such visas, good for several years, are available to those who provide court testimony and meet other requirements. "If the state wants to get them as witnesses, that's the best way to do it," Kurzban said. Cheryl Little, executive director of the Florida Immigrant Advocacy Center, said those visas are rarely offered early in a case and never are guaranteed. "You don't want to make it look like a quid-pro-quo thing," said Little, whose group represents immigrants in court cases. "Most of them come forward because they know it's the right thing to do." Ihosvani Rodriguez can be reached at ijrodriguez@SunSentinel.com or 954-385-7908.

Cover-Up Cop Has History

Records: Hollywood officer has history of crashes
The Miami Herald by Alexia Campbell - August 6, 2009

The Hollywood police officer involved in a rear-end crash that allegedly was covered up by fellow officers is no stranger to road accidents. His personnel file, obtained by the Sun Sentinel, shows he was involved in eight other crashes while driving his patrol car. Joel Francisco, 36, an 11-year veteran of the force, was ordered to attend Driving Training School three times. Early in his career, he was suspended for being in three crashes within a year's time that were deemed preventable, the file says. According to other Hollywood police documents, a sergeant who is accused of helping doctor the report on Francisco's latest accident was cited this May for misinforming superiors about a crash. Francisco, Sgt. Andrew Diaz, Officer Dewey Pressley, a community service aide and a crime-scene technician have been suspended at home with pay after a video surfaced last week showing Hollywood officers talking about doctoring their report to shift blame for the Feb. 17 crash from Francisco to the woman he rear-ended. The video had been recorded by a dashboard camera in one of the officer's cars. Alexandra Torrens-Vilas, the 23-year-old woman whose Toyota Tercel was hit, was originally charged with four separate criminal counts of DUI. The Broward State Attorney's Office dropped the prosecution after the video became public. Francisco could not be reached for comment. Like the other four Hollywood police employees, he is the subject of an internal investigation ordered by Chief Chad Wagner.

Francisco's file includes reports on his involvement in eight earlier crashes that his supervisors said he could have avoided. The first one occurred in June 1999, when Francisco backed into a cement-filled metal pole in a parking lot on South Park Road. About a month later, he hit a car from behind as it made a left turn, a report said. Both of the accidents could have been avoided, his supervisors said, and he was sent to driving school. In January 2000, Francisco struck another car as he made a U-turn to chase a suspected felon. It was his third preventable accident in a year, and he was suspended for two days without pay. The next write-up came in January 2002, for a minor crash in the 3100 block of Hollywood Boulevard. Francisco was written up for failing to prevent the incident, the report said. About two months later, Francisco wrecked his patrol car during a chase on South Park Road. He was ordered to attend driving school for the second time. In September 2002, Francisco was prohibited from taking his police car home for a month. The next accident happened in September 2007. Francisco's supervisors said he did not do everything possible to prevent the crash and had him review the department's operations manual. Following an accident Jan. 21, 2009, that was also judged preventable, he was ordered to attend his third driving school class.

In May, a supervisor accused Diaz of negligence, incompetence and violating procedures when he responded to an accident involving a fellow police officer in a patrol car, according to a report in his file. At the scene, Diaz, 39, didn't tell the on-duty shift lieutenant over the phone that the police car was totaled or that the officer involved was not in uniform, preventing a more in-depth investigation, the report said. Diaz's handling of the accident played a role in that officer's decision to resign. Diaz, who has worked with the department for 16 years, was required to get remedial training. Pressley, 42, wrote the report detailing the February midnight crash in the 2800 block of Sheridan Street. His file shows the department reprimanded him for a car accident in 2003 that was ruled preventable. Meanwhile, a group of citizens angered by reports of a police cover-up following an officer-involved crash will hold a rally Thursday night to protest police corruption at police headquarters, 3250 Hollywood Blvd., at 6 p.m., according to Broward Corruption Watch, a grass-roots activism group. Staff Researcher Barbara Hijek and Staff Writer Sofia Santana contributed to this report.

Watchdog agency that oversees NYPD has no bite, officials say
The New York Daily News by Wil Cruz - August 5, 2009

The watchdog agency that oversees the NYPD has no bite and should be reformed, elected officials and advocates said Tuesday. City Councilman Bill de Blasio introduced and supported bills last week to overhaul the Civilian Complaint Review Board. Among the changes: The $10 million a year agency would have the power to prosecute and initiate its own cases. "The CCRB should be more than just a reactive agency," said de Blasio (D-Brooklyn), who is running for public advocate. The CCRB declined to comment. NYPD spokesman Paul Browne said the department has already taken steps to empower the board - and sees no reason to take away Police Commissioner Raymond Kelly's authority.

Cops Alleged to have Erased Phone Video Evidence

A witness of alleged abuse said cops erased cell phone video evidence
The New York Daily News by KERRY BURKE AND ALISON GENDAR - July 25, 2009

The NYPD is investigating a complaint that cops erased cell phone video that showed officers roughing up a suspect after a fatal police shooting in Manhattan last week. Witness Jose Gomez said detectives approached him after a cop shot and killed a robbery suspect who tried to run the officer over at W. 188th St. in Washington Heights. "I had four videos from three minutes to five minutes each," said Gomez, 23. "The cops said they wanted to see it. A lot of things were happening and they needed to piece it together." Gomez said he gave investigators his cell phone, but when they gave it back, the video was gone. An NYPD spokesman said the Internal Affairs Bureau - which investigates all police-involved shootings - would review Gomez's claims. Gomez said one of his video clips showed a "guy was on the floor in handcuffs and a cop was dragging him." Another sequence caught officers giving CPR to victim Maximo Pequero, 28, who later died from a gunshot wound to his neck.

Store Video Catches Cop Bullying Woman

Store video catches cop bullying woman
The Philadelphia Daily News by DAVE DAVIES - July 20, 2009
daviesd@phillynews.com 215-854-2595

WHEN AGNES LAWLESS and three friends were inside a Lukoil convenience store in the Northeast at 3 a.m. last August, they'd all but forgotten the fender-bender in which they'd been involved moments earlier. There was little damage, and the other driver had left the scene, near Northeast Philadelphia Airport. What they didn't know was that they'd been rear-ended by the son of a police officer who was on duty, and dad was about to get involved. Lawless was standing at the counter of the store, at Comly Road and Roosevelt Boulevard, smiling and chatting with the clerk, when she was grabbed from behind and violently pushed back with a police officer's gun in her face. "He hit me with his left hand, and he had his gun in his right hand," Lawless said. "He pushed his gun into the left side of my neck. It caused a scrape-type bruise on my neck." After a chaotic struggle, Lawless was arrested and charged with assaulting the officer. Lawless and her three friends, all in their early 20s, filed complaints with the Police Department's Internal Affairs Bureau. But in cases in which it's a defendant's word against a police officer's, the benefit of doubt often falls to the cop.

Except when there's video.

Once surveillance video from the store's four security cameras was released, the case against Lawless collapsed, and disciplinary action commenced against the officer, Alberto Lopez Sr. A lawsuit against the city is likely. The incident provides a vivid example of how the countless video recordings generated today by security cameras and cell phones are affecting police work. Drexel Law School professor Donald Tibbs said that video recordings are capturing more criminal activity and assisting prosecutions, but they're also monitoring police conduct. "Police are now aware they're more accountable for their actions, because these tapes may be used against them in misconduct cases or civil-rights lawsuits," Tibbs said. And Tibbs said that there are numerous cases of police seeking to confiscate and destroy tapes that may have captured a police action.

Internal Affairs probe

The clerk on duty the night that Lopez confronted Lawless told investigators that three times after the incident, police officers spoke with him about the security tape and that two asked if he would erase it. An Internal Affairs investigation found no misconduct among officers who spoke with the clerk about the tape. But it concluded that Lopez had verbally abused Lawless, had jammed his gun into her face and had violated departmental procedures that night. A hearing to determine what discipline, if any, will be imposed on Lopez is still pending. Lopez's attorney, Gerald Stanshine, declined to comment and said that Lopez couldn't discuss the incident. Lopez's son, Alberto Lopez Jr., didn't respond to messages seeking comment.

Although some details of what happened are in dispute, it's clear that the Lukoil encounter occurred a few minutes after the blue Mazda in which Lawless was riding was rear-ended at Decatur and Comly roads by a Buick Century driven at slow speed by Lopez Jr. Lopez Jr. left the scene and drove to the Eighth District police station, at Academy and Red Lion roads, to report the incident to his father. Officer Lopez and his son then left in his patrol car and soon saw the blue Mazda in the Lukoil parking lot. Officer Lopez entered the store with his son and got into a physical confrontation with Lawless. Lawless ended up in cuffs, charged with assaulting Lopez. At a preliminary hearing four days later, Officer Lopez testified that he'd come into the store and ordered Lawless and the three young men with her to the floor, and that "she freaked out, started punching, slapping and kicking me multiple times." Based on the officer's testimony, Judge Robert Blasi ordered that the case proceed to trial. But four days later, investigators from Internal Affairs got the store's surveillance video of the incident, and things changed quickly. Lopez was assigned to desk duty and his weapon was removed. He failed to show up at three trial dates for Lawless' assault charges, which then were dropped. Images from four security cameras at the store reveal an encounter consistent with the accounts of Lawless, her three friends and Carlos "Tito" Ruiz, the clerk on duty at the time.

There is no audio, and the video is not continuous, capturing images at intervals ranging from three per second to one every few seconds. The images show that when Officer Lopez entered the store, Lawless was at the counter, smiling and apparently unaware of his presence behind her. Lopez grabbed Lawless' neck from behind with his left hand, with his gun in his right hand. Lawless broke free and faced him. "I was really confused," Lawless said in an interview. "I didn't know if we were getting robbed. I remember seeing his uniform on his arm, he swung me around and hit me with his arm. He hit me first with an open hand, then he hit me with his gun in the face." The video shows Lopez's left arm extending toward Lawless' face, and then his right arm driving forcefully toward her, jamming the gun in her neck or jaw. Lawless broke free again, and for several seconds the video shows the three young men sitting on the floor, while arguing occurs among all four and Officer Lopez and his son. "I had noticed his son as the guy who had hit us," Lawless said, "and [Officer Lopez] was screaming, 'You think you can hit my son and get away with it, you think you can f--- with me?' " The store clerk reported hearing similar comments from Officer Lopez. Lawless said that she and her friends were yelling back that it was Lopez Jr. who had hit their car and left.

'I was really scared'

About a minute after the gun was in her neck, the video shows Officer Lopez on his cell phone, apparently calling for more police, when Lawless grabbed her bag and tried to walk out of the store. "I remember stopping for a second, and thinking, like, 'This is out of control, I need to go get a real cop or something,' " Lawless said. "I was really scared." Lopez Jr. intercepted Lawless and pushed her backward over the counter, with his right hand on her neck. Officer Lopez joined in and struggled with Lawless, who swung her arms at the two of them. At that point, Lawless' friend Matthew Whatley came over and got between them, as did Ruiz, the store clerk. According to his statement to investigators, Ruiz managed to get Lawless and her friends to lie on the floor and wait for more police to arrive. Then, according to the Internal Affairs report of Ruiz's statement, Officer Lopez told him to "do himself a favor and get rid of the camera tapes." More officers soon arrived, and Lawless was cuffed and arrested. Her three friends were questioned and allowed to leave. In his arrest report, Officer Lopez mentioned the auto accident that had initiated the events, but never mentioned that his son had been involved, referring to him in the report only as "the witness." Ruiz told investigators that Lopez mentioned erasing the tape again after other officers arrived. He said that police visited him at the store twice the next day and asked him whether he would erase the tape. He also said that they had advised him to "help the cop out and testify for the cop." Eventually, Lukoil turned the tapes over to Internal Affairs and to Whatley's family. Although Officer Lopez and his son declined to discuss the incident with the Daily News, transcripts of their interviews with an Internal Affairs investigator provide their account of the events that night.

Lopez Jr. said that after the accident, the occupants of the blue Mazda got out of the car and began shouting, cursing and kicking his car. He said that he left and drove to the Eighth District station, where he described the events to Officer William Forster in the operations room. Forster put out a "flash" description on police radio of the car and its occupants. Forster told Internal Affairs that when Lopez Jr. described the incident, he never mentioned the possibility that any of the car's occupants might be armed. But in his statement to Internal Affairs later, Lopez Jr. said that in the shouting at the accident scene, one of the occupants of the Mazda, a Hispanic male, "was reaching under his shirt and he was saying, 'Get him the f--- out of the car; I got something for him.' " Ruiz, the Lukoil clerk, told investigators that after officers arrived following the altercation in the convenience store, he heard Officer Lopez give his son some instructions in Spanish, including, " 'Say he had a gun.' " Lopez Sr. and Jr. both denied that, saying that the younger Lopez speaks almost no Spanish. Officer Lopez told investigators that his son had said from the beginning that a Hispanic man from the Mazda "lifted up his shirt and made a motion as if he had a gun." The Internal Affairs report noted, however, that Officer Lopez's conduct inside the Lukoil store seemed inconsistent with a suspicion that he might be confronting armed suspects. The video showed that he never frisked any of the young men, and at times left them unattended on the floor of the store while he went outside. When asked by Internal Affairs why he had allowed his son into the store if he thought someone had a gun and he was going to take police action, Lopez said: "I didn't even think about it. It happened so fast. It was bad judgment."

Ironically, Lopez Jr. had a .22-caliber Magnum revolver in his waistband during the accident and throughout the confrontation in the Lukoil, according to his statement to Internal Affairs. He had a permit to carry the weapon, he said in the statement. The driver of the Mazda, Stephen Soda, also had a handgun in his glove compartment along with his carry permit, according to police. Police reviewed the permit and released Soda without charges. Neither weapon was drawn in the incident. Officer Lopez said that before he grabbed Lawless in the store, he'd ordered her and her friends to the floor several times, and that the three men had complied. But the video shows that Lopez grabbed Lawless' neck no more than five seconds after he entered the store, and that all three men were still standing. He said that he had his gun in his hand with his finger outside the trigger, and "used three fingers of my gun hand and gripped her shirt to try to get her to the floor because she was still swinging at me." The video doesn't show Lawless swinging at Lopez then. She does appear to swing at Lopez and his son later, after they stopped her from leaving the store, and Lopez Jr. appeared to push her back over the store counter by her neck. Officer Lopez said that Lawless "told me I was a Mexican, I was here illegally, and that I should go back to Mexico." Lopez Jr. said she was "calling my father a f---ing s--c, a Mexican." Lawless acknowledged in an interview that in her fury she "got racial." Lawless wasn't seriously injured in the incident, but she said she had pain in her neck, back and jaw.

A night in jail

She spent the night in a jail cell, where she counted 23 mice and saw feces on the walls, she said. "Somebody had probably had s--- on their hands and smudged it all over the wall," she said. "In the morning I threw up. It smelled so bad." She said that she was emotionally traumatized for months, and afraid of the police. She moved to Florida earlier this year. The District Attorney's Office reviewed the case and declined to prosecute Officer Lopez in December. Eight days later, he was reissued his weapon and returned to full duty. But he may yet face discipline from the Police Department. The Internal Affairs report concluded that Lopez had verbally abused Lawless and that he had pushed his gun into her neck. Investigators did not sustain a charge of physical abuse based on Lawless' reported injuries. The report cited a lack of visible signs of injury on her arrest photograph, and said a "very minor scratch/abrasion to her left chin area . . . may have occurred at any point during Ms. Lawless' resistance to P/O Lopez's attempts to restrain Ms. Lawless or during her physical confrontation with Alberto Lopez Jr. when she tried to flee the store." The report noted that Lawless was treated for bruises and abrasions at Frankford Hospital-Torresdale (now Aria Health's Torresdale Campus), two days after the incident, but that efforts to secure further medical records from her attorney had been unsuccessful.

The Internal Affairs report concluded that Lopez had committed "departmental violations," and it expressed skepticism about the claim that one of the four occupants of the Mazda appeared to have had a gun. The report also noted that "by taking his son inside the Lukoil to confront the complainants, P/O Lopez made a dangerous situation even more volatile because of his close relationship with the alleged victim of the earlier attack." Lawless' attorney, Alan Yatvin, said that he was exploring a civil suit on her behalf. "I'm troubled by the conduct of the officer, about his telling a story that lacks credibility, and about the fact he thought he could get away with it," Yatvin said. He said it's also troubling that so many officers apparently sought to dispose of the video, the key evidence in the case, and suffered no consequence after Internal Affairs investigated. At the end of his interview with Internal Affairs, Lopez was asked if he would like to add anything that would assist the investigation. "I would like to have used better judgment that night," the officer said.

Officers fired, Corruption Weeded Out

Officers fired, corruption weeded out of Waco PD

Waco News 25 by Henry Rosoff - July 23, 2009

WACO, TX - An internal investigation into the Waco Police department found deception, corruption and cheating the tax payers had become the norm for at least four police officers. News Channel 25 has learned the investigation took months and there may be more officers found to be corrupt. Waco Police department spokesmen say they plan to answer any questions later next week. However, with the investigation wrapping up, News Channel 25 was able to obtain the names of the officers indefinitely suspended following the investigation. "Indefinitely suspended" is an administrative term for "fired." Detective Calvin McLean, Officer Christopher Jones, Detective Doyle Anz and Officer Alan Thompson all received letters of Indefinite Suspension. News Channel 25 only obtained letters to McLean, Jones and Anz, although can confirm four other officers were investigated and are now retired or have resigned. All worked part time jobs as security guards at Waco Housing Authority, which is federally funded. Each "double-dipped," meaning they logged hours during the same time of day at both the Police Department and the WHA. In a letter to Jones, Waco Police Chief Brent Stroman wrote: "Your conduct has caused discredit to the department, and continues to reflect unfavorably on the department," adding: "That is likely to cause members of the community to question your integrity and the integrity of this department." Anz's indefinite suspension letter shows he broke the law 60 times, including seven times September 2007. McLean got paid by both the city and the housing authority for the same six hours of work twice in just one week. He also tried to cover his action up during a polygraph test. The tester asked him: "Did you complete less than 80-percent of the hours you charged the housing authority since 2007?" "No," McLean said. "Did you lie to me today when you said that you worked a minimum of 80 percent of the hours you were paid by the housing authority since 2007?" the tester said. McLean answered negatively once again, both times the tester noted "deception." All the officers can appeal the decision to have them removed. News Channel 25 is not aware of any officers taking those steps, however, and Thursday was unable to reach any of the officers involved.

Cop Admits Having Sex With Underage Girls

NYC cop admits having sex with underage girls
The Journal News by Steve Lieberman - July 11, 2009  

A New York City police officer has pleaded guilty to federal charges of having sexual intercourse with three young girls - at least two of whom were students in his New Jersey martial arts school. The Rockland Computer Crimes Task Force played a role in the investigation leading to Trent Young's arrest in January 2008 and conviction on Thursday in U.S. District Court in White Plains. Young, 41, a suspended officer held in federal custody since his arrest, could face up to life in prison when sentenced Jan. 15. Young pleaded guilty before Judge Kenneth M. Karas to driving two 14-year-olds and a 16-year-old across New York and New Jersey lines on separate times for sex from April 2003 to December 2006 and then having sexual intercourse with them. The statutory prison sentences for the three sex crimes range from five and 30 years to life in prison.

Prison terms are usually less under federal sentencing guidelines. Young has been held without bail since his arrest. The case against Young is outlined in federal indictment, along with Young's plea statements in court to prosecutors Marcia Cohen and James Halperin. In April 2003, Young drove a 14-year-old girl from her home in Brooklyn to his home in Middletown, N.Y., traveling through New Jersey. He admitted they engaged in sexual intercourse at his house in Orange County. In the spring of 2006, Young operated a martial arts studio, Iron Tiger Martial Arts, in West Milford, N.J. In November 2006, Young drove another 14-year-old girl from Middletown to the New Jersey martial arts studio and engaged in sexual intercourse with her. Around November or December 2006, Young brought a 16-year-old girl to Iron Tiger and they had sexual intercourse. Acting U.S. Attorney Lev. L. Dassin said in a news release that the investigation into Young included the FBI, Middletown Police Department, the Orange County District Attorney's Office, the Rockland County Sheriff's Department and the Computer Crimes Task Force, the West Milford Police Department in New Jersey, and the Passaic County Prosecutor's Office.  slieberm@lohud.com

Ex-cop gets 10 years in corruption scandal

Ex-cop gets 10 years in corruption scandal
The Indystar by Jon Murray - July 10, 2009
Former patrolman helped 2 detectives steal cash and drugs, testified against them

A former Indianapolis patrolman heading to prison for helping two corrupt detectives steal drugs and money said Thursday that he hoped to one day earn his integrity back. A federal judge handed down a 10-year sentence to James D. Davis for his role in the corruption scandal, the worst to hit city police in years. Davis said he had sought to serve honorably before he yielded to temptation and joined the detectives' schemes. "I'm humiliated. I'm embarrassed," Davis told U.S. District Judge Larry J. McKinney, adding that he hoped to resume an honest life. "I want to be that person again." Davis, 34, had cooperated with the U.S. attorney's office since his June 2008 arrest. He testified against the two Indianapolis Metropolitan Police Department detectives for seven hours during their trial last month. A jury convicted them on multiple conspiracy and drug counts. His help led Assistant U.S. Attorney Josh Minkler to endorse the minimum sentence allowed by his plea agreement, which set the maximum at 15 years. His sentence includes another three years on supervised release. Former narcotics Detectives Robert B. Long and Jason P. Edwards face up to 20 years in prison each. Their sentencing dates have not been set. Later Thursday, McKinney sentenced a fourth defendant, Kabec Higgins -- used by Long, his cousin, to sell marijuana -- to 15 months in prison and three years on supervised release; he has nearly fulfilled the prison time already. The three officers took part in a half-dozen incidents, all playing out under the FBI's watch from March to June 2008, including a $20,000 shakedown of a drug courier and a videotaped theft of marijuana and cash inside a set-up drug house.

Davis had gotten off to a promising start: He played football at Warren Central High School, married his sweetheart, bought a suburban home and began raising a son, who now is 11. His family, however, had been touched by an earlier police scandal. Indianapolis Patrolman Myron A. Powell -- a former stepfather to Davis -- was convicted of felony murder for his role as an accomplice to a 1997 killing of a drug dealer; he is serving a 65-year prison sentence.  Powell was married to Davis' mother, Alberta Weaver, from 1986 to 1994, according to divorce records. Davis joined the Marion County Sheriff's Department in 2004 and became an IMPD officer after the city's police merger. Family members declined to comment after Thursday's sentencing but praised Davis' character and devotion to his wife and son in letters to the judge.  Davis testified at the trial that he gave in to greed and a desire for acceptance by Long and Edwards, who worked in the drug unit he wished to join one day. "This is the saddest thing about this case," his attorney, Jack Crawford, said. "He was, and could have been, a good police officer."  jon.murray@indystar.com

Cop Pleads Guilty to Civil Rights Violations, Faces 2 Years

Montgomery officer pleads guilty to civil-rights violations
The Charleston Gazette by Gary Harki - July 9, 2009

CHARLESTON, W.Va. -- Kaleigha Reynolds was just 4 years old, sitting in her car seat and drinking some juice, when a police car with lights flashing pulled in front of her parents' car in Montgomery. She didn't understand what was happening as Montgomery Police Officer Matthew Leavitt pulled her parents from the car and then started beating her dad on Sept. 26. Leavitt pleaded guilty to two misdemeanor civil-rights violations in federal court on Monday. Leavitt pleaded to beating Twan Reynolds with a slap jack and illegally charging his wife, Lauren Reynolds, with driving under the influence. Chief U.S. District Judge Joseph R. Goodwin accepted the plea. After watching Leavitt plead guilty, Twan Reynolds said Monday he remembered hearing his daughter's screams that night. He said Kaleigha was terrified by what happened. Lauren Reynolds said she first saw Leavitt that day as she was in line at a concession stand at a football game. "He was standing behind me, looking at me," she said. "He kept rocking back and forth. ... I got an eerie feeling from it. It was chilling." When they left the football game, the Reynolds family stopped at the local Go-Mart to put air in a car tire. The machine was broken, and they drove to the 7-Eleven. There Leavitt and Officer Shawn Hutchinson pulled Lauren Reynolds from the car, telling her it sounded like she was slurring her words. They looked at her license, which had a St. Albans address. "They said, 'You're a little St. Albans girl. You haven't had the privilege of being introduced to the Montgomery police yet," Lauren Reynolds said.

Twan Reynolds started talking to the two officers as he also tried to calm his daughter. "She was crying and I was trying to look back at her," he said. "From that point it just got out of hand." 'This ain't no rap movie' Leavitt and Hutchinson pulled Twan Reynolds out of his car and tried to handcuff him. When Reynolds told the men he hadn't done anything that justified arrest, Leavitt pulled out a slap jack -- a small weapon with a weight at the end -- and hit him in the face with it, according to Montgomery Police Lt. J.D. Burrow. In December, Burrow told the Gazette that Leavitt and Hutchinson threatened to arrest him when he tried to stop them from attacking Reynolds. "These guys were on their own. They felt like they could do what they want," Burrow said at the time. "It seemed like they always had that little leeway to do what they wanted to, to me." Chuck Miller, U.S. Attorney for the Southern District of West Virginia, handled the case himself. He pointed out in the courtroom that slap jacks have been outlawed for police use because they can kill.

HERE'S THE FBI PRESS RELEASE:

Department of Justice Press Release
For Immediate Release
July 6, 2009 United States Attorney's Office
Southern District of West Virginia
Contact: (304) 345-2200

Former Montgomery Police Officer Pleads Guilty to Civil Rights Violations

CHARLESTON, WV—A former Montgomery Police Officer pled guilty today before Chief United States District Judge Joseph R. Goodwin to a two-count information charging him with deprivation of rights under color of law. Matthew A. Leavitt, 31, of South Charleston, WV, admitted that on September 26, 2008, while acting as a uniformed police officer for the City of Montgomery, he intentionally struck an African-American man with a slap jack, an unauthorized piece of law enforcement equipment, thereby using excessive force and willfully depriving the victim of his Constitutional right to be free from unreasonable force by one acting under color of law. Leavitt further admitted that on the same day, he unlawfully and without probable cause detained and arrested the victim's wife on a charge of driving under the influence of alcohol or controlled substances. Leavitt, who is scheduled to be sentenced on September 24, 2009, faces up to two years in prison, a $200,000 fine, two years supervised release, and an order of restitution to the victims. The Federal Bureau of Investigation conducted the investigation. United States Attorney Charles T. Miller is handling the prosecution.

Drunk Police Sergeant Mows Down Pedestrian

NYPD silent as 15-yr. veteran police sgt. charged with mowing down pedestrian while driving drunk

The New York Daily News by SIMONE WEICHSELBAUM, KENNY PORPORA AND BILL HUTCHINSON  - July 8, 2009

An NYPD Sergeant has been quietly charged with driving drunk and mowing down an upper East Side man who had just picked up his morning coffee, the Daily News has learned. Sgt. Joseph Spiekerman, 43, was arrested following the June29 crash in which he hit Barry Gintel, 68, after running a red light at York Ave. and E. 86th St., court records reveal. Gintel - vice president of the Fire Bell Club of New York, a group of Fire Department buffs - was rushed to New York-Presbyterian Hospital Weill Cornell. He underwent emergency surgery for two fractured legs, broken ribs, a ruptured spleen, and head and neck injuries. Contacted in his hospital room, Gintel, who was wearing a neck brace, declined to comment. "He doesn't remember too much. His biggest concern is getting out of that bed, and he wants to walk," said Joseph Higgins, president of the Fire Bell Club.

Police officials declined to explain why they failed to release details of the crash and Spiekerman's arrest sooner. The crash occurred at 6:40a.m. near The Mansion diner, right after Gintel had bought a large coffee and two buttered rolls. "I give him his change, look out the window, and I see he got hit and goes flying 10, maybe 20 feet in the air," said Leticia Guerrero, 24, a cashier. Guerrero said the impact shattered the windshield of Spiekerman's silver Volvo. The cop got out and tried to help Gintel, who lives about a block away. Spiekerman was charged with felony vehicular assault and driving while intoxicated. He was arrested after officers responding to the accident noticed his bloodshot eyes and smelled booze on his breath, according to records. A 15-year NYPD veteran, Spiekerman admitted drinking, records say. A lawyer for his police union said an investigation into the crash still "needs to be completed."  Spiekerman, a union delegate for the Sergeants Benevolent Association, refused to take a breath test, forcing cops to get a court order to draw his blood. The sergeant, assigned to the PSA 7 housing precinct in the Bronx, has been suspended without pay, officials said. With Melissa Grace and Alison Gendar  -  simonew@nydailynews.com

Former Corrections Officer Gets 3 Years for Assault on Inmate

Department of Justice Press Release
For Immediate Release
July 6, 2009 United States Attorney's Office
Middle District of Florida
Contact: (904) 301-6300

Former Florida State Corrections Officer Sentenced to Three Years in Prison for Assaulting an Inmate

WASHINGTON, D.C.—Paul Tillis, a former Florida Department of Corrections officer, was sentenced today in federal court in Jacksonville, Fla., on a federal civil rights charge related to assaulting an inmate, announced Acting Assistant Attorney General for Civil Rights Loretta King. Tillis was sentenced to three years in prison followed by two years of post-release supervision. Following a week-long trial, a federal jury in Jacksonville convicted Tillis on Jan. 16, 2009, of violating the civil rights of an inmate at the Florida State Prison in Raiford while on duty as a supervisory corrections officer. The evidence at trial showed that he assaulted the victim by pouring a bottle of scalding water onto the inmate’s chest while the inmate was lying on the floor of his cell. The evidence showed that Tillis also failed to arrange for medical care for the victim, who suffered second degree burns on his chest as a result of this assault. “Corrections officers must not misuse their positions of authority to inflict physical harm on inmates as punishment,” said Acting Assistant Attorney General Loretta King for the Civil Rights Division. “While the vast majority of law enforcement officers carry out their difficult duties in a lawful and professional manner, the Department of Justice will continue to vigorously prosecute those who cross the line and commit acts of cruelty such as this.” This case was investigated by agents from the FBI’s Jacksonville Division and the Florida Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney Mac Heavener of the U.S. Attorney’s Office for the Middle District of Florida and Department of Justice Civil Rights Division Trial Attorney Douglas Kern. The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit unreasonable search and seizure, deprivation of property without due process of law and other acts of misconduct by law enforcement and other government officials. More information about the Civil Rights Division of the Justice Department, and the laws it enforces, is available at http://www.usdoj.gov/crt.

Former Police Officer Sentenced to 255 Years

Former police officer sentenced to prison
The Commercial Appeal by Lawrence Buser - July 1, 2009

A former Memphis police officer was sentenced to life plus 255 years in federal prison this morning for shaking down drug dealers for money, drugs and merchandise. Arthur Sease IV, 31, was convicted in February of directing or or participating in some 16 such robberies between November 2003 and April 2006. He is one of more than 40 law enforcement officers from six different agencies indicted on official corruption charges in the past five years and the only one to go to trial. According to testimony in trial, Sease committed the robberies to finance his dream of becoming a rap music producer. Witnesses included drug dealers and fellow officers. One dealer finally complained to police that Sease had robbed him of some $32,000 in cash. Sease was fired in January 2005, but continued the holdups by enlisting the help of department friends still in uniform.

MYEYEWITNESSNEWS.COM:

MEMPHIS, TN – Authorities say a former Memphis police officer has been sentenced to life in prison, plus 255 years for stealing drugs and money. A federal jury has convicted former Memphis Police Officer Arthur Sease IV of stealing drugs, money and merchandise from drug dealers. A Department of Justice spokesperson says jurors heard testimony that Sease worked with Memphis drug dealers to arrange deals and would then rob the other dealers when they arrived. Authorities say in one case, he had a dealer resell stolen cocaine to another dealer. Sease later pulled over the buyer’s car, stole the drugs and sold them again, investigators said. The jury deliberated for the most part of three days in reviewing charges of money-laundering, extortion, robbery, conspiracy, rights violations, kidnapping, drug dealing and weapons charges against Sease. Sease, 31, went on trial on accusations of participating in or directing 16 robberies of drug dealers between November 2003 and April 2006.

Ex-Cop Draws Prison Time

Ex-Chicago cop draws prison time

WGN News by Jeff Coen - June 30, 2009

CHICAGO, IL - Saying the case had helped erode the public's trust in law enforcement, a federal judge today sentenced a former Chicago police officer to almost 11 years in prison. Richard Doroniuk pleaded guilty and testified against his partner, Mahmoud Shamah. The 131-month sentence had been agreed on as part of his plea deal. U.S. District Judge Robert Gettleman said the case is part of what appears to be an epidemic of police corruption cases. "In this city it seems to me we have just been bombarded by stories and cases and prosecutions of police misconduct," Gettleman said. The public wants to believe in the promise that the police are there to protect them, he said. "When that promise is broken, we're all in trouble," Gettleman told Doroniuk, who had apologized to the court. The public should want to call the police for help, the judge said, "not be worried that if they do come (they could) be robbed or abused or subjected to excessive force, or worse," Gettleman said. Doroniuk and Shamah were arrested in an FBI sting in which they removed thousands of dollars in cash from a storage locker after an informant told them the cash was drug proceeds. Doroniuk pleaded guilty to to racketeering and conspiracy charges. Shamah is to be sentenced Thursday and faces up to 30 years in prison.

Two Military Officials Plead Guilty to Bribery, Fraud

Two Military Officials Plead Guilty to Bribery, Fraud and Conspiracy Related to Defense

Lawsphere.net - June 20, 2009

Two U.S. military officials pleaded guilty to various bribery, fraud and conspiracy charges relating to Department of Defense (DOD) contracts in Afghanistan. A third military official pleaded guilty to receiving stolen property, which was obtained through the bribery conspiracy. In addition, four DOD contractors and four affiliated contracting companies were indicted for their roles in paying bribes to the military officials and otherwise defrauding the United States. The pleas of the military officials were filed today in U.S. District Court in Chicago. A superseding indictment of the contractors and companies was filed yesterday in U.S. District Court in Chicago. “As the United States continues to expend resources in Afghanistan, the Antitrust Division will remain vigilant in prosecuting individuals and companies who divert funds for their personal gain,” said Christine A. Varney, Assistant Attorney General in charge of the Department’s Antitrust Division.

Christopher P. West, a U.S. Army Major from Chicago who served in Afghanistan from 2004 to 2005, pleaded guilty to charges contained in the superseding indictment including three counts of bribery and three counts of conspiracy. West admitted to accepting $90,000 cash from contractors in exchange for awarding DOD contracts at Bagram Airfield, Afghanistan. West also pleaded guilty to two additional counts of conspiracy for accepting cash payments from contractors in exchange for defrauding DOD by certifying inflated numbers of bunkers and barriers delivered at Bagram Airfield, causing the DOD to pay for goods that were invoiced and paid for but never received. Bunkers and barriers are cement structures used for force protection and perimeter walls. West agreed to pay $500,000 in restitution to DOD, to forfeit any fraud-related assets to the United States and to cooperate with the Department’s investigation. Charles Patton, a friend of West’s and a U.S. Army Sergeant from Chicago, pleaded guilty today to charges of receiving stolen property. Although a member of the same military unit as West, Patton was not deployed to Afghanistan. Patton admitted that he received shipments of cash from West in 2004 and 2005, while West was deployed. Patton hid the money in his home until West returned to the United States and retrieved the cash. Later, at West’s request, Patton moved the money to a safe deposit box in his own name. Patton has agreed to pay $100,000 in restitution, to forfeit any fraud-related assets and to cooperate with the Department’s investigation. Patrick W. Boyd, a U.S. Air Force Master Sergeant from Rockledge, Fla., who served as a contracting officer at Bagram Airfield, Afghanistan in 2004 and 2005, pleaded guilty to three counts of bribery and three counts of conspiracy for accepting $90,000 cash from contractors in exchange for the award of DOD contracts at Bagram Airfield. Boyd also admitted to the additional offense conduct of receiving $25,000 in cash from a contractor in return for the award of a telecommunications infrastructure contract at Bagram Airfield. Boyd has agreed to pay $130,000 in restitution to the DOD, to forfeit any fraud-related assets and to cooperate with the Department’s investigation. The superseding indictment also charges brothers Assad John Ramin and Tahir Ramin, both U.S. citizens, and their companies AZ Corporation and Top’s Construction, Noor Alam, an Afghan citizen, and his company Northern Reconstruction Organization, and Abdul Qudoos Bakhshi, an Afghan citizen, and his company Naweed Bakhshi Company, with various counts of bribery, fraud and conspiracy. The superseding indictment alleges that these individuals and their companies conspired to and did pay bribes to West, Boyd and others in order to obtain contracts for supplying concrete bunkers and barriers and asphalt paving. It also charges that the contractors, along with West and others, conspired to and did inflate the number of bunkers and barriers delivered to Bagram Airfield, thereby causing the DOD to pay for bunkers and barriers that were invoiced and paid for but never delivered. West and Boyd were originally indicted in August 2008 on bribery and conspiracy charges. At the same time, the Ramin brothers, Alam and his company and Bakhshi and his company, were indicted on similar charges. Today’s superseding indictment adds AZ Corporation and Top’s Construction to the indictment, as well as mail fraud charges and additional bribery and conspiracy charges. “It is shameful that some members of our Armed Forces have conspired with contractors to unjustly enrich themselves while the U.S. is engaged in combat operations in Afghanistan,” said Sharon E. Woods, Director, Defense Criminal Investigative Service. “These crimes are particularly contemptible because they involve military members and contractors who are suppose to ensure our troops receive the best support and equipment possible to sustain our military operations. DCIS and its law enforcement partners will aggressively pursue allegations of corruption in Afghanistan and will continue to protect America’s warfighters both overseas and in the U.S.”

“Today’s announcement makes it perfectly clear that such activity by anyone affiliated with the U.S. Army, in or out of uniform, will not be tolerated. We will continue to investigate allegations of this nature and do everything in our power to see that persons responsible are held accountable and brought to justice,” said Brigadier General Rodney Johnson, the Commanding General of the U.S. Army Criminal Investigation Command. The individuals face up to 20 years in prison and a fine of $250,000 for the mail fraud conspiracy charge, and up to five years in prison and a fine of $250,000 for each of the bribery conspiracy counts. The maximum fine for these offenses may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum. The individuals also face up to 15 years in prison and fines up to three times the amount or value of the bribe for each of the bribery counts. Each corporate defendant faces a maximum fine of up to $500,000 on each charged offense. This case is part of an ongoing investigation being prosecuted by the Antitrust Division’s National Criminal Enforcement Section (NCES), with assistance from the Criminal Division’s Office of International Affairs. The investigation of this case is being conducted by the Defense Criminal Investigative Service (DCIS), the U.S. Army Criminal Investigation Command (Army CID), and Air Force Office of Special Investigations. Additional assistance was provided by Customs and Border Protection, Field Operations in Chicago; and the Internal Revenue Service, Criminal Investigations Division. Today’s charges are an example of the Department of Justice’s commitment to protect U.S. taxpayers from procurement fraud through the National Procurement Fraud Task Force. The National Procurement Fraud Initiative, announced in October 2006, is designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in contracting activity for national security and other government programs.

Anyone with information concerning illegal conduct in the procurement of goods or services involving DOD contracts in Iraq or Afghanistan is urged to contact NCES at 202-307-6694 or antitrust.complaints@usdoj.gov; DCIS at 800-424-9098 or hotline@dodig.mil; or Army CID at www.cid.army.mil.

Federal Judge: "This Case Directly Implicates Our Judicial System..." - Questions Immunity

Judge: Masters' Attorneys Can Question Police, Not Prosecutors
Immunity Issues Still To Be Resolved
ABC News 7 News, DENVER, by Lance Hernandez, 7NEWS Reporter - June 25, 2009

DENVER, CO -- "It's time to get this case moving." With those words, U.S. District Court Judge Lewis Babcock granted in part, and denied in part, a motion to stay proceedings in Tim Masters' lawsuit against officers and former officers of the Fort Collins Police Department, and prosecutors and former prosecutors in the Larimer County District Attorney's Office. Masters was wrongly convicted in 1999 of killing Peggy Hetrick in 1987 and leaving her partially clothed body in a vacant field behind his home. According to the coroner, the victim's left nipple and a portion of her external genitalia had been carefully excised postmortem with a very sharp instrument, most likely a scalpel. There were no signs of sexual assault. There was no direct physical evidence linking the then- 15-year-old Masters to the crime, but he was still convicted. After spending 10 years behind bars, Masters' conviction was thrown out after sophisticated DNA tests pointed to another culprit. Masters filed a federal lawsuit last December, alleging prosecutorial and police corruption and misconduct, manufacture of evidence, destruction of evidence, hiding of evidence and of being dishonest with courts. Babcock's ruling allows Masters' attorneys to proceed with questioning of police, but not prosecutors, at least not yet. The judge said the Supreme Court gives prosecutors "a great deal" of immunity from civil lawsuits. "The Supreme Court has developed an appetite recently for immunity issues," Babcock told attorneys. "Should the Supreme Court be hungry, there's plenty to feed on in this case." Babcock said this is going to be a hard case. "This case directly implicates our judicial system and how an accused was dealt with and treated in that system," Babcock said. "(Tim Masters) has a significant interest in as expeditious a resolution in this case as can be afforded him." Babcock set a hearing for Aug. 20 to settle the "complicated" prosecutor immunity issues. Plaintiff's attorney David Lane told 7NEWS, "I would ultimately like to see that everyone who has corrupted the criminal justice system is dealt with justly and that Tim Masters gets a fair and just compensation for a loss that there can be no fair and just compensation for." Attorney David Wymore said Masters is experiencing some serious stress disorders from being locked up for something he didn't do. "He's working through those issues without psychological help," Wymore said, "because it was a psychologist who helped convict him." Masters did not attend the Thursday hearing, opting instead to spend the day with his parents. "It's his birthday," Wymore said. "Little things like that are very important to him." "After what’s happened to him, he's afraid to step into a courtroom," Lane said. "He's reluctant to leave his house and worries that he’ll be arrested again for any little thing." When asked if Masters would consider settling out of court, Wymore told 7NEWS, "Tim wants a trial. Tim is anxious to see a trial. I'd like to see a trial."

The defendants named in the lawsuit include:

• Terence A. Gilmore, Former Deputy DA – 8th Judicial District
  
• Jolene C. Blair, Former Deputy DA – 8th Judicial District
  
• James Broderick, Lieutenant - Fort Collins Police Dept.
  
• Marsha Reed, Former Detective – Fort Collins Police Dept.
  
• Dennis V. Harrison, Chief of Police – Fort Collins Police Dept.
  
• City of Fort Collins – Municipality
  
• Stuart VanMeveren, Former DA – 8th Judicial District
  
• Larry Abrahamson, District Attorney – 8th Judicial District
  
• 8th Judicial District of Colorado

Previous Stories:

• June 25, 2009: Judge Allows Wrongly Imprisoned Man To Press Claim
  
• February 11, 2009: Ex-Prosecutor Doubts Hettrick Slaying Will Be Solved
  
• January 21, 2009: Detective: Crime Fingerprints Didn't Belong To Masters
  
• November 19, 2008: Police Clear Investigator In Tim Masters Case
  
• October 21, 2008: Tim Masters Files Federal Lawsuit
  
• September 9, 2008: Judges Censured For Role In Masters Case
  
• August 2, 2008: Access To Evidence Slows 1987 Murder Investigation
  
• July 20, 2008: Masters Picks Up Life After Wrongful Imprisonment
  
• July 8, 2008: No Criminal Charges Against Officer In Overturned Murder Case
  
• May 2, 2008: Investigation Into Police Officer On Masters' Case Delayed
  
• April 30, 2008: Bracelet May Hold Clues To Killer's Identity
  
• March 19, 2008: DNA Laws Likely To Change
  
• January 25, 2008: DA To Dismiss All Charges Against Masters
  
• January 22, 2008: Word Of The Day 'Freedom', Says Master
  
• January 22, 2008: Tim Masters Now A Free Man
  
• January 22, 2008: Family Eager To See Masters
  
• January 21, 2008: Focus Shifts To Investigators In Masters Case
  
• January 19, 2008: Masters Says He Awaits Release From Jail
  
• January 19, 2008: New DNA Evidence Means New Trial For Tim Masters
  
• November 9, 2007: Report: Doubts Over 1999 Colorado Murder Conviction
  
• August 24, 2007: Man Convicted In Woman's Slaying Claims Doctor Responsible
  

Long List of Sheriff Scandals

Oklahoma troubled by long line of sheriff scandals
The Associated Press by SEAN MURPHY – June 27, 2009

OKLAHOMA CITY, OK (AP) — A small-town sheriff and his top deputy kept close watch over a lonely stretch of interstate in eastern Oklahoma, looking for drug couriers to fleece. But one motorist carrying $30,000 in cash turned out to be an undercover federal agent. Now former McIntosh County Sheriff Terry Jones and undersheriff Mykol Brookshire are awaiting sentencing on conspiracy charges. They are among the latest in a long line of Oklahoma lawmen to go astray in a colorful history that dates to the Wild West. "Generally, the people attracted to law enforcement are similar to people attracted to a life of crime," said Bob Blackburn, director of the Oklahoma Historical Society. "They like action. They're physical. They like the excitement of the chase, whether they're the chasee or the chaser.

"In some cases, the good guys become bad guys." On Wednesday, four former female inmates filed a lawsuit accusing Delaware County Sheriff Jay Blackfox of covering up sexual assault complaints and sexual harassment by other jailers, but Blackfox contends he did nothing wrong. In March, former Custer County Sheriff Mike Burgess was sentenced to 79 years in prison for sexually abusing female inmates. A month earlier, Seminole County Sheriff Joe Craig was booted from office after he admitted he allowed a teenage girl to drink wine coolers and vodka while riding in his vehicle. U.S. Attorney Sheldon Sperling, who prosecuted Jones and Brookshire, helped secure a 25-year prison sentence four years ago against former Latimer County Sheriff Melvin Holly, who was convicted of forcing three women prisoners to have sex with him, serving one moonshine and threatening the life of another. Sperling also prosecuted former Choctaw County Sheriff J.W. Trapp, who was sent to prison in 1996 for taking bribes from marijuana growers and illegal gambling operators. Sperling said Oklahoma sheriffs may face great temptation because they hold a lot of power in rural areas where there are few people to challenge them and little oversight of their activities. It's a symptom of an outdated system of government that includes 77 separate counties, each with its own sheriff, county commission and local court. "Our system of government should be modernized, but the political reality is that folks want to hang on to their little fiefdoms," Sperling said. "Is this a smart way to operate? Should every county have three county commissioners and all the county officers they have? "It's crazy that we haven't gone to a regional system."

Samuel Walker, a criminal justice professor at the University of Nebraska, says states with similar county systems have been plagued with corruption since before the Wild West days.
"The sheriff goes back to the founding of the first colonies," Walker said. "It's really been an endemic problem, because they're independently elected. "They've got a lot of power, a lot of political power, and with power comes corruption." But there is little political will to overhaul a system that has been in place since Oklahoma became a state in 1907, and even minor tweaks to the system proposed by legislators in recent years have been met with fierce resistance from the powerful county government lobby. The sheriff's lobby is also quick to note that most of its members are law enforcers, not breakers. "It's not that many as the overall numbers go," said Ken McNair, executive director of the Oklahoma Sheriff's Association. "One is too many for a peace officer with a badge, but you're going to have some that get in and succumb to that temptation." Still, folks in Eufaula had hoped for better after electing Jones to uphold the law in McIntosh County, a community about 120 miles east of Oklahoma City and home to about 20,000 residents. "He tainted his own badge," wrecking service operator Lonnie Ballard said. "It's a bad deal that he got to that point, but everybody knows right from wrong, and he opted to go on the wrong side." Blackburn, the historian, said some crossing of the line may be inevitable since law officers often come from backgrounds similar to criminals' and live life on the edge. "The vast majority of lawmen are exemplary citizens who want to protect society and are willing to put their life on the line," he said. "But that's compounded by one other thing — to be a good lawman and find the bad guys, you've got to be able to walk the life of the criminal."

Trooper Charged in Theft After Vehicle Stop

Trooper charged
The Emporia Gazette - June 26, 2009

A Kansas Highway Patrol trooper who served a number of years in Lyon County is charged with a felony and two misdemeanors. Clint Dwayne Epperly, 35, was charged Thursday morning with a felony count of official misconduct and two counts of misdemeanor theft. The case was unsealed this morning after proof of service was returned to Lyon County District Court. The case, investigated by the Kansas Bureau of Investigation and filed by the Kansas attorney general’s office, alleges that Epperly removed property from a vehicle after a drug stop on Dec. 17 of last year. The property was removed after the vehicle was taken to a secure inspection area of Williams Automotive. No forfeiture action was ever filed, according to the KBI agent who investigated.

Ex-Cop Sentenced in Corruption Case

Ex-cop sentenced in corruption case
He’s held responsible for ‘out of control’ unit.

Culture of wrongdoing led to elderly woman’s death in a botched raid.
The Atlanta Journal-Constitution by Steve Visser - June 20, 2009

A federal judge sentenced a former Atlanta police sergeant to 18 months in prison Friday, saying he allowed a culture of corruption to run rampant in the narcotics unit he supervised. U.S. District Court Judge Julie Carnes said she believed Wilbert Stallings, who had 23 years experience with the Atlanta Police, was a “good man,” but he had a responsibility to stop the police corruption that had become common in his unit. That culture culminated with the killing of 92-year-old Kathryn Johnston in an illegal raid on a house on Neal Street in 2006. “He was head of a unit that was out of control, ” Carnes said. The federal investigation into the Johnston killing uncovered Stallings’ involvement in an illegal break-in to search a duplex on Dill Avenue in 2005. In that case —- which turned up no illegal drugs —- Stallings told officers to leave a back door unsecured to make the intrusion look like a burglary. “That case was perhaps a harbinger of things to come,” said Assistant U.S. Attorney Curt Erskine. “That victim may never again trust law enforcement in any way, and perhaps he is right not to.” Stallings, 45 of Conyers, was working with Officer Gregg Junnier when they committed the Dill Avenue break-in and cover-up. Junnier was the lead officer of the narcotics team that lied to obtain a no-knock search warrant from a judge to raid Johnston’s Vine City house after receiving an erroneous tip that a kilo of cocaine had been stashed there. The officers planted marijuana in the house after killing Johnston, who had fired a shot when they were breaking down her door. Stallings was not directly involved in the Neal Street raid, and Junnier was sentenced to six years in prison for his role. Stallings’ lawyer, Brad Gardner, argued that the former officer deserved probation because, other than the illegal acts of the narcotics unit, he had led a fine life and had cooperated with the federal investigation. “I told Mr. Stallings he was like a classic battered spouse —- you stay from doing what is right … because you don’t want to be mistreated,” Gardner said. “Instead of doing what he knew was the right thing to go, he allowed others to cut corners, and he cut corners.” Stallings pleaded guilty to conspiring to violate the civil rights of another person by breaking into a private residence without a warrant. U.S. Attorney David Nahmias’ office recommended the 18-month sentence. Stallings, who entered the guilty plea in March 2008, seemed relieved after the sentencing. “Thank God this situation has come to a conclusion,” he said outside court. He is free on bond pending his surrender to begin serving his sentence.

Cop cops Plea in Drug Bust

NYPD officer cops a plea in drug bust
The New York Daily News by Nicole Bode - June 27, 2009

A disgraced NYPD officer turned in his badge and pleaded guilty Friday to framing two brothers in a phony drug bust. Police Officer Henry Tavarez, 27, of Manhattan, admitted he and Detective Stephen Anderson worked together to wrongly incriminate brothers Jose and Maximo Colon during a Jan. 5, 2008, sting inside a Queens nightclub. They arrested the brothers on trumped up charges that the Colons sold them cocaine at the Delicias de Mi Tierra bar in Elmhurst, prosecutors said, then tried to cover their tracks by placing in evidence some of the drugs they had purchased during another bust. Tavarez pleaded guilty to felony charges of offering a false report. As part of his plea deal, he resigned from the NYPD and could face five days in jail at sentencing. All charges against the brothers were dropped and they have filed a federal lawsuit against the officers. Anderson resigned from the NYPD prior to the revelation. He could face up to nine years in prison, prosecutors said.

Internal Affairs Investigating Bronx Captain

Internal affairs investigating Bronx NYPD captain over use of city vehicle The New York Daily News by Alison Gendar - June 26, 2009

An NYPD police captain known as a stickler for the rules is under investigation for allegedly breaking one, sources said Friday. Internal Affairs is probing whether Capt. Charles Barbuti, who is assigned to the Bronx district attorney's investigative squad, improperly took and wrecked a city car. Barbuti, 46, is accused of hanging onto the car while he was off-duty studying for the bar exam last summer, police sources said. "He didn't tell anyone, and people only learned about the fact that he totaled it months later," a police source said. The accident was June 4, 2008, according to Department of Motor vehicle records. No further information was available. Barbuti allegedly took the car at a time when the city was cutting back on the use of its cars by officials. "He's a stickler for rules and procedures but they don't apply to him," one police source said. A spokesman for the Bronx District Attorney's office declined comment. Barbuti could not be reached, but his union said he hadn't broken any rules. "He reported the accident to the local law enforcement and notified the District Attorney's office soon after. And that was it - he complied by the rules," said the head of the captain's union, Roy Richter. The 22-year veteran has not been questioned by Internal Affairs yet. One supporter said a disgruntled employee had lodged several false accusations against the captain in recent months.

NYPD Detective Found Guilty of Perjury

SHOOTER TEEN CAUGHT COP ON MP3
The New York Post by DENISE BUFFA, MURRAY WEISS and ANDY GELLER - June 25, 2009

It was approaching midnight when Bronx Detective Christopher Perino confronted Erik Crespo in the interview room of the 44th Precinct station house on New Year's Eve 2005. Crespo, then 17, had been caught on a surveillance camera shooting John Torres, 24, and Perino was trying to establish a rapport with the teen. The interrogation set in motion a chain of events that resulted in the detective being convicted of perjury yesterday after a nonjury trial. Back in 2005, Perino told Crespo he could beat the rap because he had a clean record. But first, he had to reveal where the gun was. "I want the gun, all right? I want the gun," Perino said. "Don't make it hard for me, 'cause I could keep you here all night. I can keep you here all tomorrow morning. I can make sure that you don't see the judge for the next three days." But Crespo remained vague about the gun. "There's enough cops that have been killed," the detective said later. "There's enough innocent people that have been killed. Maybe your mother or your little sister could be walking down the street someday and, God for bid, they take a bullet." As Perino was doing what any detective would do to get a confession out of someone he knew was guilty, Crespo slyly recorded the entire 75-minute interrogation on an MP3 player he had in his pocket. Perino then dug a hole for himself he couldn't climb out from when he lied under oath at Crespo's attempted-murder trial and said he never grilled the teen. Perino, 43, who had been on the police force for 19½ years before he made the fateful decision to commit perjury on the witness stand, was suspended without pay yesterday pending termination by the NYPD. The lie will cost the third-grade detective his $80,000 annual salary, his pension of $41,300 a year once he retired -- and, more than likely, his freedom when he's sentenced Aug. 18. In grilling the teen, Perino made two crucial mistakes. He failed to read him his Miranda rights and he didn't frisk him. Another cop frisked Crespo, but failed to find a little red MP3 player the teen received for Christmas, sources said. The player could record and -- unknown to Perino -- Crespo documented the entire conversation. For the next 15 months, the veteran sleuth had no idea that a 62-page, 16,000-word transcript of interrogation existed. "Now, you said on direct examination that you never asked him any questions when you were alone with him in the [interview] room on Dec. 31, 2005, isn't that true?" asked Crespo's lawyer, Mark DeMarco during the teen's 2007 trial. "That's correct. He wasn't questioned," Perino replied. DeMarco then whipped out the transcript and Perino was charged with perjury. The NYPD veteran was convicted yesterday by Judge James Kindler and faces up to seven years behind bars -- the exact same sentence Crespo is currently serving after pleading guilty to weapons possession. At his trial, Perino first claimed he had forgotten grilling Crespo because he had questioned 50 people since then. He subsequently testified he had a 10-minute conversation with Crespo, not a 75-minute interrogation. A close friend said Perino is devastated by his conviction. "He only wanted to be a cop. He loved being a cop. He worked in a specialized violent crime unit that got guns off the street," the police pal said. "Now he has lost everything." denise.buffa@nypost.com