Pittsburgh's "Integrity Squad" Disbanded
The Pittsburgh Tribune-Review by Bobby Kerlik - December 7, 2010
A decade ago, a $5 dollar bill left on a table in the Hill District police station could sit untouched for a week because officers feared it was an internal sting. Word had spread among Pittsburgh police officers that such tests were the work of then-Chief Robert W. McNeilly Jr.’s Office of Special Investigations, an internal affairs unit known as the “Integrity Squad.” “It helped weed out a lot of officers who shouldn’t be there,” McNeilly said. The small unit didn’t actually run such random integrity tests, acting more on tips from within officers’ ranks about dirty fellow cops. The arrests last month of city Officers Ken Simon and Anthony Scarpine on corruption charges reignited a debate about how effective the squads are. The city axed the squad about five years ago as part of budget cuts when the state declared Pittsburgh financially distressed under Act 47, according to Deputy Chief Paul Donaldson. The city had the civilian-run Office of Municipal Investigations, which investigates all city employees, including citizens’ complaints of police misconduct. “Currently, integrity checks are routinely undertaken, or they are triggered by an allegation or suspicion of police misconduct,” Donaldson said in a prepared statement. “The investigation is performed by OMI, or in some instances by the FBI. Our present methods are sufficient, and both agencies are thorough and professional.” A sergeant and five officers are assigned to OMI along with civilian investigators. McNeilly, who served as Pittsburgh chief from 1996-2006 and is the chief in Elizabeth Township, said the Integrity Squad was far more effective in combating corruption. “There were a lot of things the Integrity Squad was able to investigate that OMI couldn’t,” he said. McNeilly says pressure from the police union ultimately was responsible for the squad’s demise. Fraternal Order of Police Fort Pitt Lodge No. 1 attorney Bryan Campbell denied the union had a hand in disbanding it, and union Vice President Chuck Hanlon blasted the idea of starting another one. “(Simon and Scarpine) haven’t even been convicted, and here we are again. We’re already cash-strapped and low on manpower. If you want (crime) to get out of control, keep stripping the streets of officers,” Hanlon said. “If you start an Integrity Squad, it’ll be guys sitting on their hands. There’s nothing wrong with the department.” Simon, 49, and Scarpine, 58, are accused of fabricating charges and wrongfully arresting two men during a July drug bust in the North Side. Prosecutors charged the officers after video surveillance contradicted the officers’ account of what happened, authorities said. Lawyers for the pair say the officers stand by the arrests. Larger departments such as those in New York, Los Angeles and New Orleans have integrity units that help deter corruption, experts said. “It’s a matter of resources. Obviously, departments cannot ignore the complaints of citizens, but to test how officers respond in certain situations costs money. Five or six detectives costs a few hundred thousand dollars a year,” said Maki Haberfield, a professor who specializes in police ethics at the John Jay College of Criminal Justice in New York. “The pros are that it keeps officers on their toes, but on the other side, it’s sort of demoralizing. It’s effective if you have a department with extensive corruption.” Steve Rothlein, a retired deputy chief and 30-year veteran of Miami-Dade police who works as a police training consultant, oversaw an internal affairs unit in Miami that did targeted stings. “(Integrity units) can be effective in those departments that have a big problem,” Rothlein said. “But in most departments 99 percent of the officers are honest. Why run around and test honest officers?” Mona Wallace, who retired from Pittsburgh police last year, worked on McNeilly’s squad. She said 70 percent of the cases the squad worked came from other officers. “The rumor was that we did random integrity tests, but we never did that. The people we did test, there was a reason to do it,” Wallace said. Wallace said the squad was effective with its four or five investigators. “They knew we were out there and that we were proactive. Truthfully, if it made somebody think twice, it was effective.”
Friday, December 10, 2010
Thursday, December 9, 2010
Cop Charged With Revealing Confidential Information
Frenchtown cop charged with revealing confidential DYFS information
FRENCHTOWN, NJ — Patrolman Randy Groff of the borough police department was arrested by state troopers on charges of official misconduct. He’s been suspended without pay. He was charged Nov. 4 with official misconduct for revealing confidential information about a pending home visit by a Division of Youth and Family Services officer, a spokeswoman from the state Attorney General’s office said today. Groff obtained the information about the DYFS visit while exercising his official duties, but acted contrary to law when he revealed the information without authorization in order “to obtain a benefit for himself or another,” according to the charges. He was scheduled to appear in Delaware Valley Municipal Court on Nov. 8, but his case was transferred to the Hunterdon County Prosecutor’s Office because it is an indictable offense. This means the matter may be taken before a grand jury to consider returning an indictment. Frenchtown Police Chief Al Kurylka said Groff returned his gun and other equipment to the police department. He was hired full-time last year through a $204,618 grant from the federal Department of Justice’s Community Oriented Police Services program. The borough was to receive 100% of Groff’s entry-level salary and benefits for three years, with the requirement that Groff continue to be employed by the borough for at least one year after the grant ended. Kurylka said Groff’s suspension will not jeopardize the grant. “We don’t want to lose that,” he said. Councilman Brad Myhre, who heads the Police and Fire Committee, said the administrators of the grant have been “fully informed” of the situation and the funds are “secure.” “I will absolutely hire another full-time police officer when I am allowed to,” Kurylka said. For now, part-time officers have increased their hours, but Kurylka said some reduction in total hours worked by the force is inevitable. “We are trying to do our very, very best,” he said. Groff, 47, worked as a Roxbury Township police officer for 13 years, retiring in 2004, said Roxbury Chief Mark Noll. He worked next as a crusher operator at the Oxford quarry in Warren County before he joined the Frenchtown police force, and was a part-time patrolman in Frenchtown for three years before being hired full-time through the grant.
The Hunterdon Democrat by Teresa Fasanello - December 6, 2010
FRENCHTOWN, NJ — Patrolman Randy Groff of the borough police department was arrested by state troopers on charges of official misconduct. He’s been suspended without pay. He was charged Nov. 4 with official misconduct for revealing confidential information about a pending home visit by a Division of Youth and Family Services officer, a spokeswoman from the state Attorney General’s office said today. Groff obtained the information about the DYFS visit while exercising his official duties, but acted contrary to law when he revealed the information without authorization in order “to obtain a benefit for himself or another,” according to the charges. He was scheduled to appear in Delaware Valley Municipal Court on Nov. 8, but his case was transferred to the Hunterdon County Prosecutor’s Office because it is an indictable offense. This means the matter may be taken before a grand jury to consider returning an indictment. Frenchtown Police Chief Al Kurylka said Groff returned his gun and other equipment to the police department. He was hired full-time last year through a $204,618 grant from the federal Department of Justice’s Community Oriented Police Services program. The borough was to receive 100% of Groff’s entry-level salary and benefits for three years, with the requirement that Groff continue to be employed by the borough for at least one year after the grant ended. Kurylka said Groff’s suspension will not jeopardize the grant. “We don’t want to lose that,” he said. Councilman Brad Myhre, who heads the Police and Fire Committee, said the administrators of the grant have been “fully informed” of the situation and the funds are “secure.” “I will absolutely hire another full-time police officer when I am allowed to,” Kurylka said. For now, part-time officers have increased their hours, but Kurylka said some reduction in total hours worked by the force is inevitable. “We are trying to do our very, very best,” he said. Groff, 47, worked as a Roxbury Township police officer for 13 years, retiring in 2004, said Roxbury Chief Mark Noll. He worked next as a crusher operator at the Oxford quarry in Warren County before he joined the Frenchtown police force, and was a part-time patrolman in Frenchtown for three years before being hired full-time through the grant.
Wednesday, December 8, 2010
FL State Attorney Keeps Pushing For Ethics Reforms
State attorney keeps pushing for ethics reforms
The Sun Sentinel by Andy Reid - December 5, 2010
After championing the Palm Beach County ethics reforms endorsed by voters in November, State Attorney Michael McAuliffe is readying to step up prosecutions and spread the reach of new anti-corruption efforts for scandal-plagued "Corruption County." That includes calling for the School District and local governments to voluntarily come under the oversight of a new county ethics code, Ethics Commission and Inspector General. That also includes McAuliffe's proposal for the county board with top law enforcement officials, the Criminal Justice Commission, to re-think the way it does business. The goal is to stay in line with Florida's open-meetings and public-records laws. McAuliffe has long served on the Criminal Justice Commission but is now proposing that he and other law enforcement officials change its makeup and step down to avoid potential conflicts with Florida's Government in the Sunshine Law. The Sunshine Law concern comes from the frequent conversations that McAuliffe says he and the sheriff and other top law enforcement officials who serve on the commission need to have outside of public meetings. "I can't be the enforcer of those laws and not adhere to the spirit and the letter of them," said McAuliffe, who was elected in 2008.
After a string of Palm Beach County public corruption scandals that began in 2006, voters approved expanding the reach of the county's new Ethics Code, Ethics Commission and Inspector General to all 38 cities, towns and villages. As local communities and the county coordinate the final approvals needed to get those measures in place by April, McAuliffe is working with the county's new Inspector General to prepare for prosecutions that are expected to surface. Voters will have to "keep the pressure on" to spread the measures to other branches of local government, said Bob Newmark, of the Voters Coalition of Palm Beach County, which was among the groups that pushed for the ethics reforms. That includes the School District as well as independently elected officials such as the tax collector, clerk and comptroller, sheriff, property appraiser and supervisor of elections. "If any area in the country needs ethics reform … you know we need it in Palm Beach County," said Newmark, who credits McAuliffe with leading the effort. "The Ethics Code and Inspector General['s jurisdiction] should be expanded." Since 2006, four Palm Beach County commissioners have resigned and pleaded guilty to criminal charges related to misuse of office. Two former West Palm Beach city commissioners were also swept up in federal corruption investigations. A state grand jury led by McAuliffe's office last year issued recommendations for ways to clean up local government. Chief among them was creating the inspector general office to serve as a full-time government watchdog against waste and corruption. A year ago, the County Commission agreed to create the inspector general position. The County Commission also approved tougher ethics rules and the creation of an independently appointed Ethics Commission to rule on suspected ethics violations.
Voters in November agreed to extend the reach of those ethics reform measures from just County Commission-controlled departments to the governments of all cities, towns and villages. That gives the inspector general, Sheryl Steckler, the power to scrutinize county and municipal governments, looking for fraud, waste and abuse in contracts or the actions of elected officials, government employees and those doing business with local governments. When Steckler and her investigators find suspected criminal wrongdoing, they pass the case to McAuliffe's office for potential prosecution. "Numerous" referrals from Steckler, who started work in June, are under active investigation by the State Attorney's Office, McAuliffe said. "I regularly talk to Sheryl and we meet to make sure our efforts are coordinated," he said. The County Commission's most recent scandal also drew renewed local attention to Florida's Government in the Sunshine Law. After an investigation by McAuliffe's office, Jeff Koons resigned his seat on the County Commission and pleaded guilty to extortion as well as violating Florida's public records and meetings laws in his push to stifle opposition to an environmental project he supported. Now McAuliffe is suggesting changes to the Criminal Justice Commission, which he serves on, because of Sunshine Law concerns. The county created the Criminal Justice Commission in 1988 to coordinate law enforcement efforts and suggest how to direct funding for everything from victims services to youth programs. Its guidelines call for the State Attorney, sheriff, public defender, chief judge and other top officials to serve on the board.
The Sunshine Law calls for advisory boards and committees of local governments, such as the Criminal Justice Commission, to discuss public business at public meetings. That can be a problem for some members of the Criminal Justice Commission who often need to talk during the course of day-to-day law enforcement efforts, McAuliffe said. When those topics start to stray into issues that could be coming before the Criminal Justice Commission, McAuliffe said he and the other board members either need to stop talking and wait for the next meeting or risk running afoul of state law. Instead of seeking an exemption to the Sunshine Law, which would have to be approved by the Florida Legislature, McAuliffe proposes that he and the other top law enforcement officials step aside and appoint representatives from their office to serve on the Criminal Justice Commission. The County Commission would have to change the authorizing guidelines for the board to changes in representation. "It's sort of a natural time to review the issue," McAuliffe said. "We are in this window of reform. … It's naturally a part of this conversation." But the changes to the Criminal Justice Commission may need to go deeper than who serves on the board, according to County Commission Chairwoman Karen Marcus. She stepped down from the Criminal Justice Commission, and has also raised Sunshine Law concerns. In addition, Marcus has questions about possible "duplication" of efforts among the entities involved with the Criminal Justice Commission. The County Commission has called for the Criminal Justice Commission to give a report about its activities and to look for efficiencies. During a time of budget cutbacks due to the struggling economy, the goal is to ensure that the Criminal Justice Commission is "doing what we need to do," Marcus said. "We can't keep doing it the same," Marcus said. Andy Reid can be reached at abreid@SunSentinel.com or 561-228-5504.
The Sun Sentinel by Andy Reid - December 5, 2010
After championing the Palm Beach County ethics reforms endorsed by voters in November, State Attorney Michael McAuliffe is readying to step up prosecutions and spread the reach of new anti-corruption efforts for scandal-plagued "Corruption County." That includes calling for the School District and local governments to voluntarily come under the oversight of a new county ethics code, Ethics Commission and Inspector General. That also includes McAuliffe's proposal for the county board with top law enforcement officials, the Criminal Justice Commission, to re-think the way it does business. The goal is to stay in line with Florida's open-meetings and public-records laws. McAuliffe has long served on the Criminal Justice Commission but is now proposing that he and other law enforcement officials change its makeup and step down to avoid potential conflicts with Florida's Government in the Sunshine Law. The Sunshine Law concern comes from the frequent conversations that McAuliffe says he and the sheriff and other top law enforcement officials who serve on the commission need to have outside of public meetings. "I can't be the enforcer of those laws and not adhere to the spirit and the letter of them," said McAuliffe, who was elected in 2008.
After a string of Palm Beach County public corruption scandals that began in 2006, voters approved expanding the reach of the county's new Ethics Code, Ethics Commission and Inspector General to all 38 cities, towns and villages. As local communities and the county coordinate the final approvals needed to get those measures in place by April, McAuliffe is working with the county's new Inspector General to prepare for prosecutions that are expected to surface. Voters will have to "keep the pressure on" to spread the measures to other branches of local government, said Bob Newmark, of the Voters Coalition of Palm Beach County, which was among the groups that pushed for the ethics reforms. That includes the School District as well as independently elected officials such as the tax collector, clerk and comptroller, sheriff, property appraiser and supervisor of elections. "If any area in the country needs ethics reform … you know we need it in Palm Beach County," said Newmark, who credits McAuliffe with leading the effort. "The Ethics Code and Inspector General['s jurisdiction] should be expanded." Since 2006, four Palm Beach County commissioners have resigned and pleaded guilty to criminal charges related to misuse of office. Two former West Palm Beach city commissioners were also swept up in federal corruption investigations. A state grand jury led by McAuliffe's office last year issued recommendations for ways to clean up local government. Chief among them was creating the inspector general office to serve as a full-time government watchdog against waste and corruption. A year ago, the County Commission agreed to create the inspector general position. The County Commission also approved tougher ethics rules and the creation of an independently appointed Ethics Commission to rule on suspected ethics violations.
Voters in November agreed to extend the reach of those ethics reform measures from just County Commission-controlled departments to the governments of all cities, towns and villages. That gives the inspector general, Sheryl Steckler, the power to scrutinize county and municipal governments, looking for fraud, waste and abuse in contracts or the actions of elected officials, government employees and those doing business with local governments. When Steckler and her investigators find suspected criminal wrongdoing, they pass the case to McAuliffe's office for potential prosecution. "Numerous" referrals from Steckler, who started work in June, are under active investigation by the State Attorney's Office, McAuliffe said. "I regularly talk to Sheryl and we meet to make sure our efforts are coordinated," he said. The County Commission's most recent scandal also drew renewed local attention to Florida's Government in the Sunshine Law. After an investigation by McAuliffe's office, Jeff Koons resigned his seat on the County Commission and pleaded guilty to extortion as well as violating Florida's public records and meetings laws in his push to stifle opposition to an environmental project he supported. Now McAuliffe is suggesting changes to the Criminal Justice Commission, which he serves on, because of Sunshine Law concerns. The county created the Criminal Justice Commission in 1988 to coordinate law enforcement efforts and suggest how to direct funding for everything from victims services to youth programs. Its guidelines call for the State Attorney, sheriff, public defender, chief judge and other top officials to serve on the board.
The Sunshine Law calls for advisory boards and committees of local governments, such as the Criminal Justice Commission, to discuss public business at public meetings. That can be a problem for some members of the Criminal Justice Commission who often need to talk during the course of day-to-day law enforcement efforts, McAuliffe said. When those topics start to stray into issues that could be coming before the Criminal Justice Commission, McAuliffe said he and the other board members either need to stop talking and wait for the next meeting or risk running afoul of state law. Instead of seeking an exemption to the Sunshine Law, which would have to be approved by the Florida Legislature, McAuliffe proposes that he and the other top law enforcement officials step aside and appoint representatives from their office to serve on the Criminal Justice Commission. The County Commission would have to change the authorizing guidelines for the board to changes in representation. "It's sort of a natural time to review the issue," McAuliffe said. "We are in this window of reform. … It's naturally a part of this conversation." But the changes to the Criminal Justice Commission may need to go deeper than who serves on the board, according to County Commission Chairwoman Karen Marcus. She stepped down from the Criminal Justice Commission, and has also raised Sunshine Law concerns. In addition, Marcus has questions about possible "duplication" of efforts among the entities involved with the Criminal Justice Commission. The County Commission has called for the Criminal Justice Commission to give a report about its activities and to look for efficiencies. During a time of budget cutbacks due to the struggling economy, the goal is to ensure that the Criminal Justice Commission is "doing what we need to do," Marcus said. "We can't keep doing it the same," Marcus said. Andy Reid can be reached at abreid@SunSentinel.com or 561-228-5504.
Tuesday, December 7, 2010
Sheriff's Sergeant Guilty on Civil Rights Charges
Telb trial follow-up: two convicted, two acquitted
WTVG - December 6, 2010
A jury found Sheriff James Telb and Captain Robert McBroom did not try to cover up a crime at the Lucas County jail. Two other defendants are looking at jail time. John Gray's attorney wasn't sure about an appeal, but attorneys for Jay Schmeltz say they're appealing the decision. Retired sergeant John Gray left the courthouse without talking to reporters. Retired deputy Jay Schmeltz was also staying tight-lipped. Both men were convicted of crimes associated with the death of Lucas County jail inmate Carlton Benton in 2004 and the alleged cover-up. Gray was convicted of violating Benton's civil rights by not getting him medical care after he was rendered unconscious in his jail cell. He was also found guilty of falsifying a critical incident report and a shift commander's report. Schmeltz was convicted of falsifying a correction officer report. Telb's attorney Richard Kerger said, "I'm sorry for the conviction of the other defendants because I think under the law as I understood, they shouldn't have been convicted but obviously the jury did a very careful job analyzing the evidence. You can tell by the way they came back." While the criminal case may be over, the family of Carlton Benton has a civil suit against Lucas County and the sheriff's office, specifically mentioning the sheriff, McBroom, Schmeltz and Gray. Sentencing hasn't been scheduled yet, but with sentencing guidelines, both could face up to 20 years behind bars.
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Department of Justice Press Release
For Immediate Release
December 3, 2010 U.S. Department of Justice
Office of Public Affairs
(202) 514-2007/TDD (202) 514-1888
Lucas County, Ohio Sheriff’s Sergeant Guilty on Federal Civil Rights Charges
WASHINGTON, DC—A jury found former Lucas County Sheriff’s Sergeant John E Gray guilty on charges of federal civil rights and records falsification violations relating to the in custody death of a detainee at the Lucas County Jail, the Justice Department announced today. Former Lucas County Deputy Jay Schmeltz was convicted on a charge of filing a false report about the incident. Lucas County Sheriff James Telb and Internal Affairs Capt. Robert McBroom were acquitted on charges related to an alleged subsequent cover-up of the role that jail personnel played in the 2004 death of Carlton Benton. “The investigation and prosecution of this case shows that the Department of Justice does not tolerate abuse of authority by the people we entrust to enforce our laws,” said Thomas E. Perez, Assistant Attorney General for Civil Rights Division. “Today’s verdict shows the seriousness of these crimes.” “Six years after the death of Carlton Benton, a jury has heard the evidence and finally assigned accountability both for what happened that day in 2004,” said Steven Dettelbach, U.S. Attorney for the Northern District of Ohio. “We accept today’s verdicts as the outcome of a fair trial at which the defendants got their day in court—an opportunity Carlton Benton never got.” On May 30, 2004, former Deputy Sheriff John E. Gray assaulted a detainee in a cell at the Lucas County Jail and then left the detainee lying unconscious without seeking medical help for him, according to the charges. Thereafter, according to the charges, Deputies Gray and Schmeltz wrote false reports concealing the incidents and made false statements to the FBI. Gray faces a maximum sentence of 50 years in prison, and Schmeltz faces a maximum sentence of 20 years in prison. This case is being investigated by the FBI’s Cleveland Division. The case is being prosecuted by Special Litigation Counsel Kristy Parker and Trial Attorney Ryan McKinstry of the Civil Rights Division’s Criminal Section, and Assistant U.S. Attorney Roger Bamberger.
A jury found Sheriff James Telb and Captain Robert McBroom did not try to cover up a crime at the Lucas County jail. Two other defendants are looking at jail time. John Gray's attorney wasn't sure about an appeal, but attorneys for Jay Schmeltz say they're appealing the decision. Retired sergeant John Gray left the courthouse without talking to reporters. Retired deputy Jay Schmeltz was also staying tight-lipped. Both men were convicted of crimes associated with the death of Lucas County jail inmate Carlton Benton in 2004 and the alleged cover-up. Gray was convicted of violating Benton's civil rights by not getting him medical care after he was rendered unconscious in his jail cell. He was also found guilty of falsifying a critical incident report and a shift commander's report. Schmeltz was convicted of falsifying a correction officer report. Telb's attorney Richard Kerger said, "I'm sorry for the conviction of the other defendants because I think under the law as I understood, they shouldn't have been convicted but obviously the jury did a very careful job analyzing the evidence. You can tell by the way they came back." While the criminal case may be over, the family of Carlton Benton has a civil suit against Lucas County and the sheriff's office, specifically mentioning the sheriff, McBroom, Schmeltz and Gray. Sentencing hasn't been scheduled yet, but with sentencing guidelines, both could face up to 20 years behind bars.
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Department of Justice Press Release
For Immediate Release
December 3, 2010 U.S. Department of Justice
Office of Public Affairs
(202) 514-2007/TDD (202) 514-1888
Lucas County, Ohio Sheriff’s Sergeant Guilty on Federal Civil Rights Charges
WASHINGTON, DC—A jury found former Lucas County Sheriff’s Sergeant John E Gray guilty on charges of federal civil rights and records falsification violations relating to the in custody death of a detainee at the Lucas County Jail, the Justice Department announced today. Former Lucas County Deputy Jay Schmeltz was convicted on a charge of filing a false report about the incident. Lucas County Sheriff James Telb and Internal Affairs Capt. Robert McBroom were acquitted on charges related to an alleged subsequent cover-up of the role that jail personnel played in the 2004 death of Carlton Benton. “The investigation and prosecution of this case shows that the Department of Justice does not tolerate abuse of authority by the people we entrust to enforce our laws,” said Thomas E. Perez, Assistant Attorney General for Civil Rights Division. “Today’s verdict shows the seriousness of these crimes.” “Six years after the death of Carlton Benton, a jury has heard the evidence and finally assigned accountability both for what happened that day in 2004,” said Steven Dettelbach, U.S. Attorney for the Northern District of Ohio. “We accept today’s verdicts as the outcome of a fair trial at which the defendants got their day in court—an opportunity Carlton Benton never got.” On May 30, 2004, former Deputy Sheriff John E. Gray assaulted a detainee in a cell at the Lucas County Jail and then left the detainee lying unconscious without seeking medical help for him, according to the charges. Thereafter, according to the charges, Deputies Gray and Schmeltz wrote false reports concealing the incidents and made false statements to the FBI. Gray faces a maximum sentence of 50 years in prison, and Schmeltz faces a maximum sentence of 20 years in prison. This case is being investigated by the FBI’s Cleveland Division. The case is being prosecuted by Special Litigation Counsel Kristy Parker and Trial Attorney Ryan McKinstry of the Civil Rights Division’s Criminal Section, and Assistant U.S. Attorney Roger Bamberger.
Monday, December 6, 2010
Crooked Cop Crackdown Continues
Crooked cop crackdown continues
The New York Post by Thomas Tracy - December 6, 2010
An investigation into the illegal antics of a renegade Brooklyn South narcotics team known for falsifying arrests and pocketing drugs is still bearing fruit — two years after the group’s misdeeds were uncovered. Prosecutors in both Brooklyn and Queens indicted Det. Adolph Osback, 38, with framing seven people for drug buys that never happened. Osback was part of the Brooklyn South Narcotics team put under the microscope in 2008 when it was learned that Det. Sean Johnstone and Police Officer Julio Alvarez had “cooked the books” on drug seizures. Their actions caused an internal NYPD shake up that sent the team of badge sporting cowboys to the four winds. Osback was transferred to a Queens narcotics unit as a result. Osback’s also accused of training two narcotics cops charged with bulking up their arrest numbers through an illegal practice known as “flaking.” Investigators claim Osback committed the same crime: the separate indictments allege that instead of conducting routine buy and busts, Osback would drop his “buy money” on the floor in drug-prone locations. When an unsuspecting person would scoop up the money, Osback would arrest him for completing a drug buy, even though no narcotics were exchanged. It’s believed Osback entrapped seven people in both Brooklyn and Queens this way, prosecutors said. Osback pled not guilty to the charges during his arraignment last week. He’s currently out on bail. The NYPD suspended Osback without pay in mid-November. His attorney, Damien M. Brown, said Osback would be vindicated. “He is absolutely innocent,” Brown said. Osback wasn’t the only alleged member of the notorious drug cop crew to appear before a judge last week. Johnstone and Alvarez were also in Brooklyn Supreme Court as the trial stemming from the 2008 scandal began. Both Johnstone and Alvarez are charged with falsifying business records and taking drugs seized in a Coney Island raid. According to the complaint, the duo executed a search warrant on an alleged drug dealer’s home on Sept. 13, 2008, finding over two dozen bags of cocaine. Later that day, Det. Johnstone was heard bragging that he and Alvarez had recovered 28 bags of cocaine, but only received a voucher for 17 of them. Johnstone wanted to use the rest of the cocaine to pay off informers, investigators alleged. His would-be confession was completely accidental: he didn’t know that a wire he was wearing was still recording when he told another officer what he had done. Since their arrest two years ago, Johnstone and Alvarez’s actions have led to the dismissal of 270 criminal cases handled by their narcotics team and to civil suit payouts of more $150,000 to drug suspects who claimed they were wrongly arrested. Johnstone and Alverez’s criminal trial continues this week. TTracy@cnglocal.com
The New York Post by Thomas Tracy - December 6, 2010
An investigation into the illegal antics of a renegade Brooklyn South narcotics team known for falsifying arrests and pocketing drugs is still bearing fruit — two years after the group’s misdeeds were uncovered. Prosecutors in both Brooklyn and Queens indicted Det. Adolph Osback, 38, with framing seven people for drug buys that never happened. Osback was part of the Brooklyn South Narcotics team put under the microscope in 2008 when it was learned that Det. Sean Johnstone and Police Officer Julio Alvarez had “cooked the books” on drug seizures. Their actions caused an internal NYPD shake up that sent the team of badge sporting cowboys to the four winds. Osback was transferred to a Queens narcotics unit as a result. Osback’s also accused of training two narcotics cops charged with bulking up their arrest numbers through an illegal practice known as “flaking.” Investigators claim Osback committed the same crime: the separate indictments allege that instead of conducting routine buy and busts, Osback would drop his “buy money” on the floor in drug-prone locations. When an unsuspecting person would scoop up the money, Osback would arrest him for completing a drug buy, even though no narcotics were exchanged. It’s believed Osback entrapped seven people in both Brooklyn and Queens this way, prosecutors said. Osback pled not guilty to the charges during his arraignment last week. He’s currently out on bail. The NYPD suspended Osback without pay in mid-November. His attorney, Damien M. Brown, said Osback would be vindicated. “He is absolutely innocent,” Brown said. Osback wasn’t the only alleged member of the notorious drug cop crew to appear before a judge last week. Johnstone and Alvarez were also in Brooklyn Supreme Court as the trial stemming from the 2008 scandal began. Both Johnstone and Alvarez are charged with falsifying business records and taking drugs seized in a Coney Island raid. According to the complaint, the duo executed a search warrant on an alleged drug dealer’s home on Sept. 13, 2008, finding over two dozen bags of cocaine. Later that day, Det. Johnstone was heard bragging that he and Alvarez had recovered 28 bags of cocaine, but only received a voucher for 17 of them. Johnstone wanted to use the rest of the cocaine to pay off informers, investigators alleged. His would-be confession was completely accidental: he didn’t know that a wire he was wearing was still recording when he told another officer what he had done. Since their arrest two years ago, Johnstone and Alvarez’s actions have led to the dismissal of 270 criminal cases handled by their narcotics team and to civil suit payouts of more $150,000 to drug suspects who claimed they were wrongly arrested. Johnstone and Alverez’s criminal trial continues this week. TTracy@cnglocal.com
Sunday, December 5, 2010
Police Layoffs Ripping Through the USA
www.panamalaw.org - December 5, 2010
Executive Summary – Here we go one of the most violent cities, Camden, New Jersey has laid off 50% of its Police Department due to running out of money. Think crime may go up there? Newark, New Jersey has laid of 167 police officers which is 14% of the force. Jersey City is moving ahead with a plan to lay off 82 police officers. Flint, Michigan has served lay off notices on 20 police officers. Cincinnati City is proposing laying off 131 police officers and 144 firefighters. Rockford city laying off 17 police officers. Prospect Heights, a Chicago suburb has laid off 6 police officers which is one third of the department. Monroe County laying of 23 deputies. New York State Capital laid of 40 of their 70 security guards so expect longer lines at the metal detectors.
What is Happening – The City, County and States are running out of money. Real estate property values are down so real estate taxes go down in proportion as the taxes get reaccessed. Sales taxes are down as retail sales drop. Employment taxes are down due to high unemployment. People that owe taxes are also paying late, defaulting and filing bankruptcy. Put all this together and you have these governments running out of money. Obama can't help unless he decides to print more money which brings a lot of heat on him.
Effects of the Layoffs – The people will suffer. More crimes with fewer cases solved. Sentence times will be shorter due to prison over crowding. The only people likely to do hard time are violent offenders who really hurt someone and have priors and white collar criminals prosecuted by the fed for a victimless crime. As usual doom and gloom on the people. Responses to burglar alarms will be slower or not at all. Patrol units will travel from one victim to another taking reports. Crime prevention through patrol will suffer. The amount of crimes solved will drop due to limited resources. The morale of the police will drop. They may vent out at the people with more traffic citations to raise money. They may use the tasers more. This destruction of police morale is a precursor to police corruption. What do I mean. Think like this. Sir would you care to pay your traffic ticker right here now and dispose of the matter or have to go to court and get points on your license. Sir you do not have a license for that gun you were carrying. What do you say I just confiscate it and no questions asked and you are free to go. Oh my Miss you have cocaine on you and that could mean years in jail. For five hundred I can forget what I saw and you can even keep the cocaine. Need to go to an ATM? Think I am kidding, think again. When the cops realize there is no serious prospect of a pension to lose, little chance of getting caught and going to jail, and they get disgruntled the corruption then starts. We are not there yet but it will come soon enough, just trust Obama to get you there. When the cops take, then shortly afterwards so do the judges and prosecutors and then it is full blown corruption with the dirty money being spread around. Expect gun sales to rise in the affected communities as people look to secure their person and property.
Executive Summary – Here we go one of the most violent cities, Camden, New Jersey has laid off 50% of its Police Department due to running out of money. Think crime may go up there? Newark, New Jersey has laid of 167 police officers which is 14% of the force. Jersey City is moving ahead with a plan to lay off 82 police officers. Flint, Michigan has served lay off notices on 20 police officers. Cincinnati City is proposing laying off 131 police officers and 144 firefighters. Rockford city laying off 17 police officers. Prospect Heights, a Chicago suburb has laid off 6 police officers which is one third of the department. Monroe County laying of 23 deputies. New York State Capital laid of 40 of their 70 security guards so expect longer lines at the metal detectors.
What is Happening – The City, County and States are running out of money. Real estate property values are down so real estate taxes go down in proportion as the taxes get reaccessed. Sales taxes are down as retail sales drop. Employment taxes are down due to high unemployment. People that owe taxes are also paying late, defaulting and filing bankruptcy. Put all this together and you have these governments running out of money. Obama can't help unless he decides to print more money which brings a lot of heat on him.
Effects of the Layoffs – The people will suffer. More crimes with fewer cases solved. Sentence times will be shorter due to prison over crowding. The only people likely to do hard time are violent offenders who really hurt someone and have priors and white collar criminals prosecuted by the fed for a victimless crime. As usual doom and gloom on the people. Responses to burglar alarms will be slower or not at all. Patrol units will travel from one victim to another taking reports. Crime prevention through patrol will suffer. The amount of crimes solved will drop due to limited resources. The morale of the police will drop. They may vent out at the people with more traffic citations to raise money. They may use the tasers more. This destruction of police morale is a precursor to police corruption. What do I mean. Think like this. Sir would you care to pay your traffic ticker right here now and dispose of the matter or have to go to court and get points on your license. Sir you do not have a license for that gun you were carrying. What do you say I just confiscate it and no questions asked and you are free to go. Oh my Miss you have cocaine on you and that could mean years in jail. For five hundred I can forget what I saw and you can even keep the cocaine. Need to go to an ATM? Think I am kidding, think again. When the cops realize there is no serious prospect of a pension to lose, little chance of getting caught and going to jail, and they get disgruntled the corruption then starts. We are not there yet but it will come soon enough, just trust Obama to get you there. When the cops take, then shortly afterwards so do the judges and prosecutors and then it is full blown corruption with the dirty money being spread around. Expect gun sales to rise in the affected communities as people look to secure their person and property.
Saturday, December 4, 2010
Former Cop Sentenced to 8 Years in Civil Rights Case
Former NOPD officer Michael Hunter sentenced to 8 years in Danziger Bridge civil rights case
NOLA.COM - December 2, 2010
Moments before a federal judge sentenced him to eight years in prison, former New Orleans police officer Michael Hunter faced the family members of the victims in the Danziger Bridge police shooting. Officer Michael Hunter was surrounded by supportive New Orleans police as he went to turn himself in in January 2007. With heavy eyes and a quavering voice, Hunter turned away from the judge, toward the relatives and apologized for "not having the courage" to come forward sooner. He said he understood an apology would not heal their wounds, adding that "hopefully, time and God" will help ease the pain. It has been more than five years since a group of police officers fatally shot two men and wounded four others on the bridge, a week after Hurricane Katrina. On Wednesday, for the first time, the man who drove the rental truck full of officers to the bridge that day said he was sorry. U.S. District Court Judge Sarah Vance offered her own condolences to the relatives of the victims and launched into a scathing soliloquy, lambasting Hunter and his colleagues. "It is hard to imagine a more profound breach of public trust than what happened here," Vance said. She went through the facts of the case, detailing accounts of cover-up and coercion, of "appalling perversion" and shocking "savagery." She explained that Hunter's actions, "a moral outrage," warranted the maximum possible sentence of eight years. And she said that Hunter's claim that he fired his weapon at unarmed civilians, but hit no one, is "fortuitous and doesn't excuse what you did." Vance said Hunter's "decency" was slow to take root, and that she had difficulty sympathizing for him.
Hunter pleaded guilty earlier this year to obstruction of justice and misprision of a felony, or failing to report a crime. He was the first officer who participated in the shooting to sign a plea deal. Hunter is to begin his federal prison sentence on March 14, 2011. He will be eligible for a reduction in prison time -- perhaps a major one -- if, as expected, he testifies against the other six indicted officers in a federal trial set for June. Hunter is likely to be a key government witness. In entering his plea in April, he provided prosecutors with some of the most chilling and specific details of the incident. Hunter, one of five officers to plead guilty, alleged that a New Orleans police sergeant, Kenneth Bowen, sprayed assault rifle fire at wounded civilians at close range, even after it was clear that police were not taking fire. He also said he saw another officer, Robert Faulcon, fire a shotgun at a fleeing man's back. Hunter also acknowledged participating in a cover-up with colleagues. At one point, in a meeting with other officers, a supervisor said "something to the effect of, we don't want this to look like a massacre," according to documents filed in Hunter's plea agreement. James Brissette, 17, was killed by police gunfire on the eastern side of the bridge that day. Ronald Madison, 40 and mentally disabled, was killed by a shotgun blast at the base of the western part of the bridge. Police officers initially contended that they were taking fire from the civilians on the bridge. Federal prosecutors allege that the officers, realizing they had shot unarmed civilians without cause, orchestrated an elaborate cover-up with the help of supervisors. The allegations include planted evidence, and fabricated witnesses, false statements and more. In the courtroom Wednesday, Lorna Madison Humphrey, the sister of Ronald Madison, spoke of the episode's effect on the Madison family.
Police officers falsely arrested Lance Madison who was initially accused of shooting at police. He was never charged, and several officers have confessed that he was framed. "It has taken years for the truth to be known," Humphrey read from a prepared speech. "We would not wish upon anyone the tragedy that we have experienced over the last five years." She said the family was thankful Hunter came forward, but saddened that he hadn't done so sooner. She also pointed out that officers falsely arrested her other brother, Lance Madison, who was initially accused of shooting at police. Lance Madison was never charged, and several officers have confessed that he was framed. "For our family, there is no way to undo what has happened," Humphrey said. "The only way we can move forward is to continue to ask for justice to prevail. This is all we have ever asked for." As Humphrey spoke, Hunter stood an arms-length away, his hands folded, his head slightly bowed. The courtroom fell silent when he stepped to the podium. In short order, he turned from the microphone and spoke to Humphrey and others who sat in a front courtroom bench. Then he turned his attention to his wife, who sat in the corner of the room, closest to the door and farthest from her husband. "I was selfish and chose my career over my family and made some horrible decisions," he said to her, her eyes filling with tears. Next, Hunter requested that the judge have "mercy and be lenient," not for his sake, but for his family's. Hunter was one of the so-called "Danziger 7," a group of seven officers initially charged with murder in state court in late 2006, a case that fell apart because of prosecutorial misconduct. His turn in court Wednesday could not have been more different from his appearance on the January morning three years earlier when he and the other indicted officers turned themselves in to face those state charges. That day, he had a bowl haircut and boyish look, wore a fleece jacket and jeans. He walked into jail amid backslaps and hugs from colleagues. On Wednesday, he sported a buzz cut, a beard and an all-black suit. No one cheered as he walked from the courthouse, holding his wife's hand. Brendan McCarthy can be reached at bmccarthy@timespicayune.com or 504.826.3301.
Hunter pleaded guilty earlier this year to obstruction of justice and misprision of a felony, or failing to report a crime. He was the first officer who participated in the shooting to sign a plea deal. Hunter is to begin his federal prison sentence on March 14, 2011. He will be eligible for a reduction in prison time -- perhaps a major one -- if, as expected, he testifies against the other six indicted officers in a federal trial set for June. Hunter is likely to be a key government witness. In entering his plea in April, he provided prosecutors with some of the most chilling and specific details of the incident. Hunter, one of five officers to plead guilty, alleged that a New Orleans police sergeant, Kenneth Bowen, sprayed assault rifle fire at wounded civilians at close range, even after it was clear that police were not taking fire. He also said he saw another officer, Robert Faulcon, fire a shotgun at a fleeing man's back. Hunter also acknowledged participating in a cover-up with colleagues. At one point, in a meeting with other officers, a supervisor said "something to the effect of, we don't want this to look like a massacre," according to documents filed in Hunter's plea agreement. James Brissette, 17, was killed by police gunfire on the eastern side of the bridge that day. Ronald Madison, 40 and mentally disabled, was killed by a shotgun blast at the base of the western part of the bridge. Police officers initially contended that they were taking fire from the civilians on the bridge. Federal prosecutors allege that the officers, realizing they had shot unarmed civilians without cause, orchestrated an elaborate cover-up with the help of supervisors. The allegations include planted evidence, and fabricated witnesses, false statements and more. In the courtroom Wednesday, Lorna Madison Humphrey, the sister of Ronald Madison, spoke of the episode's effect on the Madison family.
Police officers falsely arrested Lance Madison who was initially accused of shooting at police. He was never charged, and several officers have confessed that he was framed. "It has taken years for the truth to be known," Humphrey read from a prepared speech. "We would not wish upon anyone the tragedy that we have experienced over the last five years." She said the family was thankful Hunter came forward, but saddened that he hadn't done so sooner. She also pointed out that officers falsely arrested her other brother, Lance Madison, who was initially accused of shooting at police. Lance Madison was never charged, and several officers have confessed that he was framed. "For our family, there is no way to undo what has happened," Humphrey said. "The only way we can move forward is to continue to ask for justice to prevail. This is all we have ever asked for." As Humphrey spoke, Hunter stood an arms-length away, his hands folded, his head slightly bowed. The courtroom fell silent when he stepped to the podium. In short order, he turned from the microphone and spoke to Humphrey and others who sat in a front courtroom bench. Then he turned his attention to his wife, who sat in the corner of the room, closest to the door and farthest from her husband. "I was selfish and chose my career over my family and made some horrible decisions," he said to her, her eyes filling with tears. Next, Hunter requested that the judge have "mercy and be lenient," not for his sake, but for his family's. Hunter was one of the so-called "Danziger 7," a group of seven officers initially charged with murder in state court in late 2006, a case that fell apart because of prosecutorial misconduct. His turn in court Wednesday could not have been more different from his appearance on the January morning three years earlier when he and the other indicted officers turned themselves in to face those state charges. That day, he had a bowl haircut and boyish look, wore a fleece jacket and jeans. He walked into jail amid backslaps and hugs from colleagues. On Wednesday, he sported a buzz cut, a beard and an all-black suit. No one cheered as he walked from the courthouse, holding his wife's hand. Brendan McCarthy can be reached at bmccarthy@timespicayune.com or 504.826.3301.
Friday, December 3, 2010
Narcotics Cop Indicted For Wrongly Locking Up 5 People
Narcotics cop indicted for wrongly imprisoning five people
The New York Post by JAMIE SCHRAM and LARRY CELONA - December 2, 2010
An NYPD narcotics cop who was a member of a troubled Queens undercover unit wrongly locked five people up — claiming they had sold him coke, sources said. Detective Adolph Osback, 38, is charged with perjury, unlawful imprisonment and official misconduct in a 48-count indictment that alleges he falsified drug arrests from three separate sales in Queens , according to sources. Osback was also indicted on similar charges in Brooklyn last Friday, sources added. The officer , who joined the police department in September 2000, was indicted in Queens on Nov. 15 and freed on $10,000 bail. He is due back in court Jan. 12.
Authorities believe Osback never bought drugs from the five individuals in question and the drug sale charges against them were dismissed in all the cases in Queens, source said. Between January 2006 and May 2007, Osback was part of the Queens Narcotics team, a unit where plainclothes officers conduct buy-and-bust operations throughout the borough, sources said. Some of the allegedly bogus arrests occurred in the 110th Precinct in Elmhurst, the same precinct where, two years ago, brothers Maximo and Jose Colon were falsely accused of selling coke to three undercovers. The brothers were clubbing in Delicias de Mi Tierra on Jan. 5, 2008, when they and four other men were busted. Upon his release from jail, Jose Colon obtained surveillance camera footage from the bar that showed the officers never talked to him or his brother. The brothers sued the city for $10 million and won a $300,000 settlement. During the case, Brooklyn Federal Court Judge Jack Weinstein admonished the NYPD for "repeated, widespread falsification by arresting police officers." The Queens Narcotics Unit had its reputation tarnished earlier this year when 13-year-detective Oscar Sandino was accused of coercing two arrested women into having sex with him in exchange for leniency for their crimes. Sandino, 37, worked at the Queens Narcotics Bureau North from June 2006 to March 2008. He pleaded guilty in October to two misdemeanor civil-rights violations for the incidents. He faces up to two years in prison. The unit — which operates out of the Creedmoor Psychiatric Center in Queens Village — was also probed in November 2008 after a high-ranking department official found empty beer cans on facility grounds. The unit has also been marred by other incidents, such as former Detective Wayne Taylor who was sentenced to 3½ years in prison in 2008 for pimping out a teenage girl at parties. Also in 2008, unit member Sean Sawyer allegedly shot an unarmed man to death in a road-rage incident. Though he left the scene without telling anyone what he did, he was not indicted because the victim had claimed to have a gun.
The New York Post by JAMIE SCHRAM and LARRY CELONA - December 2, 2010
An NYPD narcotics cop who was a member of a troubled Queens undercover unit wrongly locked five people up — claiming they had sold him coke, sources said. Detective Adolph Osback, 38, is charged with perjury, unlawful imprisonment and official misconduct in a 48-count indictment that alleges he falsified drug arrests from three separate sales in Queens , according to sources. Osback was also indicted on similar charges in Brooklyn last Friday, sources added. The officer , who joined the police department in September 2000, was indicted in Queens on Nov. 15 and freed on $10,000 bail. He is due back in court Jan. 12.
Authorities believe Osback never bought drugs from the five individuals in question and the drug sale charges against them were dismissed in all the cases in Queens, source said. Between January 2006 and May 2007, Osback was part of the Queens Narcotics team, a unit where plainclothes officers conduct buy-and-bust operations throughout the borough, sources said. Some of the allegedly bogus arrests occurred in the 110th Precinct in Elmhurst, the same precinct where, two years ago, brothers Maximo and Jose Colon were falsely accused of selling coke to three undercovers. The brothers were clubbing in Delicias de Mi Tierra on Jan. 5, 2008, when they and four other men were busted. Upon his release from jail, Jose Colon obtained surveillance camera footage from the bar that showed the officers never talked to him or his brother. The brothers sued the city for $10 million and won a $300,000 settlement. During the case, Brooklyn Federal Court Judge Jack Weinstein admonished the NYPD for "repeated, widespread falsification by arresting police officers." The Queens Narcotics Unit had its reputation tarnished earlier this year when 13-year-detective Oscar Sandino was accused of coercing two arrested women into having sex with him in exchange for leniency for their crimes. Sandino, 37, worked at the Queens Narcotics Bureau North from June 2006 to March 2008. He pleaded guilty in October to two misdemeanor civil-rights violations for the incidents. He faces up to two years in prison. The unit — which operates out of the Creedmoor Psychiatric Center in Queens Village — was also probed in November 2008 after a high-ranking department official found empty beer cans on facility grounds. The unit has also been marred by other incidents, such as former Detective Wayne Taylor who was sentenced to 3½ years in prison in 2008 for pimping out a teenage girl at parties. Also in 2008, unit member Sean Sawyer allegedly shot an unarmed man to death in a road-rage incident. Though he left the scene without telling anyone what he did, he was not indicted because the victim had claimed to have a gun.
Thursday, December 2, 2010
Man Freed In Police Corruption Probe Won't Return To Jail
Man freed in police corruption probe won't return to jail
The Tulsa World by OMER GILLHAM - November 30, 2010
Grand jury investigates police corruption: Read all of the stories, view a timeline and read key documents. A Tulsa man freed from prison as part of a police corruption probe will remain free despite initial confusion over his release from jail earlier this month. District Judge Rebecca Nightingale on Tuesday clarified the circumstances of 24-year-old Shiron Davis' release from Tulsa Jail on Nov. 17. Davis was convicted by a jury May 5 of possession of a controlled drug with intent to distribute, Tulsa County District Court records show. He received an eight-year prison sentence. On Nov. 16, Nightingale reduced Davis’ sentence to four years of probation and one year in prison with credit for time served, records show. In ordering Davis’ release from jail, Nightingale gave him credit for 385 days served in prison, court records show. But officials later learned that Davis had lost several days of prison time due to an infraction in prison and weren’t sure if Davis should return to jail to finish out the one-year term of the modified sentence, said public defender Lora Smart. On Tuesday, Nightingale clarified her release order, restating that she recognized that Davis had 385 days of credit for time served, she said. Nightingale said Davis’ release from Tulsa Jail was properly ordered and the jail executed the order. Davis is expected to appear in court Dec. 17 as part of his effort to have his conviction vacated or have a new trial granted, Smart said. District Attorney Tim Harris’ office reviewed Davis’ conviction because a key officer in the case has been indicted in the police-corruption probe, records show. Harris’ office raised no objection to Nightingale setting aside Davis’ conviction and granting him a new trial, court records show.
Harris’ office said Davis deserved consideration based on new evidence gathered by the federal grand jury that is looking into allegations of corruption within the Tulsa Police Department, the World has reported. In agreeing to the reduction of Davis’ sentence, Harris’ office cited the July 20 indictment of Officer Nick DeBruin, 37, on charges of planting drugs on defendants, conspiring to violate civil rights, possessing drugs with an intent to distribute and stealing U.S. funds during an FBI sting on May 18, 2009, the World has reported. “There is no doubt that the credibility of Tulsa police officer Nick DeBruin played an important role in the defendant’s felony conviction,” prosecutors wrote. “But had they (the jury) heard the information about the officer’s alleged criminal activity, the jury may very well have questioned the officer’s veracity and acquitted the defendant.” U.S. Attorney Jane W. Duke, a special prosecutor from the Eastern District of Arkansas, is investigating allegations against officers that involve stolen drugs and money, falsified search warrants, witness tampering, attempted bribery and nonexistent informants. So far, six former or current police officers and a former federal agent have been charged in the probe. One of the former officers, John K. Gray, 44, and the former federal agent, Brandon McFadden, 34, have pleaded guilty. Two additional former officers, Eric J. Hill and Callison Kaiser, have admitted stealing drug money and have been granted immunity while they cooperate with prosecutors.
The Tulsa World by OMER GILLHAM - November 30, 2010
Grand jury investigates police corruption: Read all of the stories, view a timeline and read key documents. A Tulsa man freed from prison as part of a police corruption probe will remain free despite initial confusion over his release from jail earlier this month. District Judge Rebecca Nightingale on Tuesday clarified the circumstances of 24-year-old Shiron Davis' release from Tulsa Jail on Nov. 17. Davis was convicted by a jury May 5 of possession of a controlled drug with intent to distribute, Tulsa County District Court records show. He received an eight-year prison sentence. On Nov. 16, Nightingale reduced Davis’ sentence to four years of probation and one year in prison with credit for time served, records show. In ordering Davis’ release from jail, Nightingale gave him credit for 385 days served in prison, court records show. But officials later learned that Davis had lost several days of prison time due to an infraction in prison and weren’t sure if Davis should return to jail to finish out the one-year term of the modified sentence, said public defender Lora Smart. On Tuesday, Nightingale clarified her release order, restating that she recognized that Davis had 385 days of credit for time served, she said. Nightingale said Davis’ release from Tulsa Jail was properly ordered and the jail executed the order. Davis is expected to appear in court Dec. 17 as part of his effort to have his conviction vacated or have a new trial granted, Smart said. District Attorney Tim Harris’ office reviewed Davis’ conviction because a key officer in the case has been indicted in the police-corruption probe, records show. Harris’ office raised no objection to Nightingale setting aside Davis’ conviction and granting him a new trial, court records show.
Harris’ office said Davis deserved consideration based on new evidence gathered by the federal grand jury that is looking into allegations of corruption within the Tulsa Police Department, the World has reported. In agreeing to the reduction of Davis’ sentence, Harris’ office cited the July 20 indictment of Officer Nick DeBruin, 37, on charges of planting drugs on defendants, conspiring to violate civil rights, possessing drugs with an intent to distribute and stealing U.S. funds during an FBI sting on May 18, 2009, the World has reported. “There is no doubt that the credibility of Tulsa police officer Nick DeBruin played an important role in the defendant’s felony conviction,” prosecutors wrote. “But had they (the jury) heard the information about the officer’s alleged criminal activity, the jury may very well have questioned the officer’s veracity and acquitted the defendant.” U.S. Attorney Jane W. Duke, a special prosecutor from the Eastern District of Arkansas, is investigating allegations against officers that involve stolen drugs and money, falsified search warrants, witness tampering, attempted bribery and nonexistent informants. So far, six former or current police officers and a former federal agent have been charged in the probe. One of the former officers, John K. Gray, 44, and the former federal agent, Brandon McFadden, 34, have pleaded guilty. Two additional former officers, Eric J. Hill and Callison Kaiser, have admitted stealing drug money and have been granted immunity while they cooperate with prosecutors.
Wednesday, December 1, 2010
Boss Cops Shaking Down Beat Cops
2 Dallas County constables indicted over campaign funds generated by raffles
The Dallas Morning News by KEVIN KRAUSE and ED TIMMS - December 1, 2010
The Dallas Morning News by KEVIN KRAUSE and ED TIMMS - December 1, 2010
kkrause@dallasnews.com - etimms@dallasnews.com
Felony indictments released this morning accuse Precinct 1 Constable Derick Evans and former Precinct 5 Constable Jaime Cortes of wrongdoing related to campaign contributions obtained through raffles.
Two of Evans' top deputies – Tracey Gulley and Kelvin Holder – were indicted on related charges.
Two of Evans' top deputies – Tracey Gulley and Kelvin Holder – were indicted on related charges.
Evans was indicted on four felony counts of accepting cash contributions greater than $100 and one count of engaging in organized criminal activity. Gulley and Holder each were indicted on one count of engaging in organized criminal activity. Cortes was indicted on two counts of tampering with government records for failing to report contributions on campaign disclosure forms. Under Texas law, a raffle cannot be operated for political fundraising. Special prosecutor Ted Lyon said that Evans and his deputies “engaged in organized criminal activity by promoting an illegal raffle to fund a campaign, which is illegal under the Texas gambling statutes. And when three or more people do it, it becomes organized criminal activity.” Lyon said that what Evans and his deputies did has been going on in the precinct for years. “They forced deputies who were under their control, who worked for them, to either raise or contribute $250 towards this so-called raffle, which was for his (Evans) campaign,” Lyon said. Lyon said that Holder and Gurley, the two deputies, “were were the ones who basically enforced it.”
“ They were telling deputies if they didn’t do that, they would suffer the consequences. And that had to do with their off-duty jobs and things of that nature,” Lyon said. “…You’ve got to get approval from the constables themselves. If they didn’t do t he job that they were required to do, which is raise that money or contribute that money… $250 bucks – they were penalized.” Lyon said that kind of activity has gone on for a very long time. That’s what Huey Long, the controversial former governor of Louisiana, did with his people, Lyon said, adding the civil service laws were passed long ago “because people in political office were forcing employees to contribute to their campaigns.” “People know that this is wrong,” he said. “You can’t do that to your employees. There’s nobody that naïve, I don’t believe.” Cortes, Lyon said, was indicted for failing to report campaign contributions that he actually received. “He basically took money from people and didn’t report it,” he said. Lyon said that Cortes “had the same raffle going on” but that some charges couldn’t be filed because the alleged wrongdoing was past a 2-year statute of limitations. Lyon said the investigation into the activities of Cortes and Evans is ongoing and there is a possibility of other charges being filed. He said that he is still looking into allegations of wrongdoing involving the towing practices of the two constables’ offices and the use of temporary license tags on vehicles whose ownership was not clear. Lyon, a former state senator from Mesquite and a former police officer, referred the case to a Dallas County grand jury on Monday. He took over an investigation into allegations of wrongdoing in the Precinct 5 constable's office under Cortes and in Evans' office earlier this year after Dallas County District Attorney Craig Watkins said he had a conflict of interest and withdrew from the case. Evans and Cortes have been featured prominently in an investigation by The Dallas Morning News begun in early 2009 that exposed questionable practices in their offices. In November 2009, a News investigation revealed that Evans and Cortes relied heavily on campaign contributions obtained from their subordinates.
In 2008, more than 85 percent of the $13,235 Evans raised came from his employees — all but one of whom were deputies. Most gave the same amount: $250. And in 2007, about 60 percent of the $17,115 he raised came from employees, according to campaign finance reports. Again, most were deputies. Current and former employees of Evans and Cortes told The News that deputies were subtly pressured into selling raffle tickets to raise money for their boss's re-election campaigns. Beau Burt, a former Precinct 1 deputy constable who was fired in 2009, sent an e-mail to the county in February 2009 alleging coercion in Evans' office. Veteran officers describe the raffle tickets as "job security," Burt wrote. "The administration applies a great deal of pressure to volunteer and threatens to quit signing off on off-duty jobs if they don't get the ‘volunteers' they need," Burt wrote. He likened the office atmosphere to "battered spouse syndrome." "All of them are scared, as they believe that if they speak up, they will be fired," Burt wrote in the e-mail. Lois Martin, a former Precinct 5 deputy, told The News in November 2009 that said Cortes' chief deputy gave her and other deputies each 50 $5 raffle tickets to sell, for a total of $250. "I didn't want to sell tickets. I felt like I was forced to," said Martin. She said she reluctantly managed to sell about $150 worth of raffle tickets with the help of family members — a chore she didn't enjoy. She said she kicked in $25 of her own money and turned the cash in to Cortes' chief deputy, Ken Hines, around December 2007. However, none of Cortes' campaign finance reports reflected a contribution from Martin, The News found. She said many other deputies sold tickets to raise campaign cash for Cortes. Cortes' campaign finance reports, however, show few employee contributions. Jaime Torrez, a traffic deputy who quit Precinct 5 in 2009 to work at another law enforcement agency, said deputies were expected to buy any raffle tickets they couldn't sell. Many did so out of fear, including him, he added. He said Cortes got the ticket idea from Evans, in whose office he worked as a traffic sergeant before being appointed to head Precinct 5 in mid-2007. Torrez said it was understood that there would be consequences for not selling the tickets, based on what happened to others.
In February, a report prepared by former FBI agent Danny Defenbaugh, who county commissioners hired to investigate allegations of wrongdoing in Cortes' and Evans' offices, stated that deputies were forced to campaign for Cortes on duty, contribute money to his campaign through the sale of raffle tickets and work special security details for free. A preliminary report by Defenbaugh released in March concluded that Evans may have abused his office by requiring deputies to fund his re-election campaigns by selling raffle tickets or buying the tickets themselves. Evidence indicated that Evans ran his office with an "improper or corrupt motive and malfeasance," Defenbaugh's report concluded. The report also stated that Evans may have committed at least two crimes: abuse of official capacity and official oppression. Another Defenbaugh report focused on the use of deputies from Evans' and Cortes' offices as security for Kwanzaa Fest, a charity event run by Commissioner John Wiley Price. The report said that some deputies were "intimidated and coerced" into providing security work without compensation for the annual December event.
“ They were telling deputies if they didn’t do that, they would suffer the consequences. And that had to do with their off-duty jobs and things of that nature,” Lyon said. “…You’ve got to get approval from the constables themselves. If they didn’t do t he job that they were required to do, which is raise that money or contribute that money… $250 bucks – they were penalized.” Lyon said that kind of activity has gone on for a very long time. That’s what Huey Long, the controversial former governor of Louisiana, did with his people, Lyon said, adding the civil service laws were passed long ago “because people in political office were forcing employees to contribute to their campaigns.” “People know that this is wrong,” he said. “You can’t do that to your employees. There’s nobody that naïve, I don’t believe.” Cortes, Lyon said, was indicted for failing to report campaign contributions that he actually received. “He basically took money from people and didn’t report it,” he said. Lyon said that Cortes “had the same raffle going on” but that some charges couldn’t be filed because the alleged wrongdoing was past a 2-year statute of limitations. Lyon said the investigation into the activities of Cortes and Evans is ongoing and there is a possibility of other charges being filed. He said that he is still looking into allegations of wrongdoing involving the towing practices of the two constables’ offices and the use of temporary license tags on vehicles whose ownership was not clear. Lyon, a former state senator from Mesquite and a former police officer, referred the case to a Dallas County grand jury on Monday. He took over an investigation into allegations of wrongdoing in the Precinct 5 constable's office under Cortes and in Evans' office earlier this year after Dallas County District Attorney Craig Watkins said he had a conflict of interest and withdrew from the case. Evans and Cortes have been featured prominently in an investigation by The Dallas Morning News begun in early 2009 that exposed questionable practices in their offices. In November 2009, a News investigation revealed that Evans and Cortes relied heavily on campaign contributions obtained from their subordinates.
In 2008, more than 85 percent of the $13,235 Evans raised came from his employees — all but one of whom were deputies. Most gave the same amount: $250. And in 2007, about 60 percent of the $17,115 he raised came from employees, according to campaign finance reports. Again, most were deputies. Current and former employees of Evans and Cortes told The News that deputies were subtly pressured into selling raffle tickets to raise money for their boss's re-election campaigns. Beau Burt, a former Precinct 1 deputy constable who was fired in 2009, sent an e-mail to the county in February 2009 alleging coercion in Evans' office. Veteran officers describe the raffle tickets as "job security," Burt wrote. "The administration applies a great deal of pressure to volunteer and threatens to quit signing off on off-duty jobs if they don't get the ‘volunteers' they need," Burt wrote. He likened the office atmosphere to "battered spouse syndrome." "All of them are scared, as they believe that if they speak up, they will be fired," Burt wrote in the e-mail. Lois Martin, a former Precinct 5 deputy, told The News in November 2009 that said Cortes' chief deputy gave her and other deputies each 50 $5 raffle tickets to sell, for a total of $250. "I didn't want to sell tickets. I felt like I was forced to," said Martin. She said she reluctantly managed to sell about $150 worth of raffle tickets with the help of family members — a chore she didn't enjoy. She said she kicked in $25 of her own money and turned the cash in to Cortes' chief deputy, Ken Hines, around December 2007. However, none of Cortes' campaign finance reports reflected a contribution from Martin, The News found. She said many other deputies sold tickets to raise campaign cash for Cortes. Cortes' campaign finance reports, however, show few employee contributions. Jaime Torrez, a traffic deputy who quit Precinct 5 in 2009 to work at another law enforcement agency, said deputies were expected to buy any raffle tickets they couldn't sell. Many did so out of fear, including him, he added. He said Cortes got the ticket idea from Evans, in whose office he worked as a traffic sergeant before being appointed to head Precinct 5 in mid-2007. Torrez said it was understood that there would be consequences for not selling the tickets, based on what happened to others.
In February, a report prepared by former FBI agent Danny Defenbaugh, who county commissioners hired to investigate allegations of wrongdoing in Cortes' and Evans' offices, stated that deputies were forced to campaign for Cortes on duty, contribute money to his campaign through the sale of raffle tickets and work special security details for free. A preliminary report by Defenbaugh released in March concluded that Evans may have abused his office by requiring deputies to fund his re-election campaigns by selling raffle tickets or buying the tickets themselves. Evidence indicated that Evans ran his office with an "improper or corrupt motive and malfeasance," Defenbaugh's report concluded. The report also stated that Evans may have committed at least two crimes: abuse of official capacity and official oppression. Another Defenbaugh report focused on the use of deputies from Evans' and Cortes' offices as security for Kwanzaa Fest, a charity event run by Commissioner John Wiley Price. The report said that some deputies were "intimidated and coerced" into providing security work without compensation for the annual December event.
Tuesday, November 23, 2010
Two Cops Probed After Driver's Fatal Beating
Two Queens cops probed following driver Michael Murphy's fatal beating
The New York Daily News by Rocco Parascandola, Police Bureau Chief - EXCLUSIVE - November 23, 2010
Two Queens cops are under investigation for a mysterious road-rage incident in which a 53-year-old man was killed - possibly with a baseball bat, the Daily News has learned. Michael Murphy, 53, died at Jamaica Hospital April 10, eight days after he was pulled over for driving drunk and hitting off-duty Officer Frankie Soler in the hands and face with a bat, police said. Soler, who had another off-duty cop in his car, responded in self-defense, knocking Murphy to the ground with a punch to the face, cops said. A lawyer for Murphy's widow has handed the Queens district attorney's office six witness accounts that described Soler - a wide receiver for the NYPD football team - as the aggressor, flooring Murphy with a sucker punch to the head. Another witness told an EMS worker at the scene Murphy had been beaten by Soler and his companion, "then batted," said the lawyer, George Stavropoulos. Murphy regained consciousness at the hospital for a short time, but never spoke again and was placed in a medically induced coma before he died. The medical examiner declared his death a homicide and said he died of complications from blunt force trauma to the head. Authorities are still trying to determine if Soler and fellow two-year veteran, Officer Richard Pimental, acted in self-defense - or outside the law. Murphy's widow, Alane Avallone, has a pending wrongful death suit against the city and the NYPD. She said nothing about that incident should have cost her husband his life. "If [he was driving drunk] then my husband needed to take responsibility for that action and that error in judgment," said Avallone, 56. "I have no issue with that, but he didn't deserve to die that night." Avallone and Stavropoulos met recently with Queens prosecutors handling the case. A spokesman would say only that the case remains under investigation. Neither Soler nor Pimental, who have remained on full duty since the incident, responded to requests for comment. The NYPD said "there has been no change in the case." The officers have been "fully cooperating" in the investigation, said their lawyer Steven Worth. Murphy, a father of two from East Meadow, was the son of a retired NYPD lieutenant. He lost his IT job with Citibank some time ago, then was laid off from a job in the mortgage industry before getting a job at a Queens plumbing company. The night he was pulled over, police said, Murphy drove his Jeep into the back of Soler's Missan as Soler and Pimental headed to work at the 110th Precinct. Stavropoulos said there was no visible damage to Murphy's Jeep and that the only reason Murphy didn't pull over right away was because the cops refused to show an ID. "I am certain he didn't believe they were police officers," Stavropoulos said. He also said Murphy kept a bat in his car because he needed it to whack the car's faulty ignition from time to time. In the car with Murphy at the time was his boss, Michael Rispoli, who was charged with tampering with evidence for retrieving the bat after it was flung over a fence. Charges against Rispoli were recently dropped. He could not be reached for comment. rparascandola@nydailynews.com.
The New York Daily News by Rocco Parascandola, Police Bureau Chief - EXCLUSIVE - November 23, 2010
Two Queens cops are under investigation for a mysterious road-rage incident in which a 53-year-old man was killed - possibly with a baseball bat, the Daily News has learned. Michael Murphy, 53, died at Jamaica Hospital April 10, eight days after he was pulled over for driving drunk and hitting off-duty Officer Frankie Soler in the hands and face with a bat, police said. Soler, who had another off-duty cop in his car, responded in self-defense, knocking Murphy to the ground with a punch to the face, cops said. A lawyer for Murphy's widow has handed the Queens district attorney's office six witness accounts that described Soler - a wide receiver for the NYPD football team - as the aggressor, flooring Murphy with a sucker punch to the head. Another witness told an EMS worker at the scene Murphy had been beaten by Soler and his companion, "then batted," said the lawyer, George Stavropoulos. Murphy regained consciousness at the hospital for a short time, but never spoke again and was placed in a medically induced coma before he died. The medical examiner declared his death a homicide and said he died of complications from blunt force trauma to the head. Authorities are still trying to determine if Soler and fellow two-year veteran, Officer Richard Pimental, acted in self-defense - or outside the law. Murphy's widow, Alane Avallone, has a pending wrongful death suit against the city and the NYPD. She said nothing about that incident should have cost her husband his life. "If [he was driving drunk] then my husband needed to take responsibility for that action and that error in judgment," said Avallone, 56. "I have no issue with that, but he didn't deserve to die that night." Avallone and Stavropoulos met recently with Queens prosecutors handling the case. A spokesman would say only that the case remains under investigation. Neither Soler nor Pimental, who have remained on full duty since the incident, responded to requests for comment. The NYPD said "there has been no change in the case." The officers have been "fully cooperating" in the investigation, said their lawyer Steven Worth. Murphy, a father of two from East Meadow, was the son of a retired NYPD lieutenant. He lost his IT job with Citibank some time ago, then was laid off from a job in the mortgage industry before getting a job at a Queens plumbing company. The night he was pulled over, police said, Murphy drove his Jeep into the back of Soler's Missan as Soler and Pimental headed to work at the 110th Precinct. Stavropoulos said there was no visible damage to Murphy's Jeep and that the only reason Murphy didn't pull over right away was because the cops refused to show an ID. "I am certain he didn't believe they were police officers," Stavropoulos said. He also said Murphy kept a bat in his car because he needed it to whack the car's faulty ignition from time to time. In the car with Murphy at the time was his boss, Michael Rispoli, who was charged with tampering with evidence for retrieving the bat after it was flung over a fence. Charges against Rispoli were recently dropped. He could not be reached for comment. rparascandola@nydailynews.com.
Tuesday, November 16, 2010
Four More Cops Suspended In Alleged Moonlighting Misconduct
Four more Prince George's officers suspended in alleged moonlighting misconduct
The Washington Post by Ruben Castaneda and Matt Zapotosky - November 10, 2010
Four additional Prince George's County police officers have been suspended in connection with an incident last month in which an officer who was moonlighting as a security guard hit a college student outside a party in Beltsville, authorities said Monday. Officer Dominique Richardson was suspended after the Oct. 30 incident, in which Steven Morales, 20, said Richardson knocked him on the ground with a punch, then placed him in a chokehold. Police Chief Roberto L. Hylton has suspended four more officers, who also were moonlighting at the party, officials said. Maj. Andrew Ellis, a police spokesman, said the officers are being suspended pending an internal investigation to determine whether they saw and failed to report misconduct by another officer. Investigators are trying "to sort out who did what," Ellis said. He declined to identify the additional officers suspended. Morales, a student at the College of Southern Maryland, said he was trying to get into a fraternity party at a Beltsville warehouse when he asked Richardson, who was guarding the door, for help. The party was crowded and other partygoers pushed him forward, he said. The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. He said he was pushed toward the officer and might have brushed against him. That was when the officer hit him, Morales said. Police never arrested Morales or accused him of a crime. None of the officers offered him medical aid even though he was bleeding, Morales said. Documents and police sources identified the other suspended officers as: Officer Luis Perez, Officer Marcus Elbert, Officer Terrence Sanders and Officer Charles Pickard. Richardson and the others are suspended with pay. Richardson has not returned phone calls. The other officers declined to comment through Vince Canales, president of the Fraternal Order of Police, Lodge 89. In an interview, Morales said that after he was slugged and knocked to the ground, Richardson briefly placed him in a chokehold. Another police officer picked him up and placed him against the hood of a police car, Morales said. When he turned to look at the two officers, Richardson shouted, " 'Get the [expletive] out of here,' " Morales said. The force of the punch almost knocked out one of his front teeth, Morales said. Morales's father, Luciano Morales, a D.C. police officer, said he spoke with Richardson shortly after the incident. Richardson acknowledged that he hit Steven and accused the younger Morales of assaulting him, Luciano Morales said. Richardson did not explain why he did not charge Steven or seek medical assistance for him, Luciano Morales said. Hylton banned officers from moonlighting at the Beltsville warehouse. castanedar@washpost.com and zapotoskym@washpost.com
The Washington Post by Ruben Castaneda and Matt Zapotosky - November 10, 2010
Four additional Prince George's County police officers have been suspended in connection with an incident last month in which an officer who was moonlighting as a security guard hit a college student outside a party in Beltsville, authorities said Monday. Officer Dominique Richardson was suspended after the Oct. 30 incident, in which Steven Morales, 20, said Richardson knocked him on the ground with a punch, then placed him in a chokehold. Police Chief Roberto L. Hylton has suspended four more officers, who also were moonlighting at the party, officials said. Maj. Andrew Ellis, a police spokesman, said the officers are being suspended pending an internal investigation to determine whether they saw and failed to report misconduct by another officer. Investigators are trying "to sort out who did what," Ellis said. He declined to identify the additional officers suspended. Morales, a student at the College of Southern Maryland, said he was trying to get into a fraternity party at a Beltsville warehouse when he asked Richardson, who was guarding the door, for help. The party was crowded and other partygoers pushed him forward, he said. The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. He said he was pushed toward the officer and might have brushed against him. That was when the officer hit him, Morales said. Police never arrested Morales or accused him of a crime. None of the officers offered him medical aid even though he was bleeding, Morales said. Documents and police sources identified the other suspended officers as: Officer Luis Perez, Officer Marcus Elbert, Officer Terrence Sanders and Officer Charles Pickard. Richardson and the others are suspended with pay. Richardson has not returned phone calls. The other officers declined to comment through Vince Canales, president of the Fraternal Order of Police, Lodge 89. In an interview, Morales said that after he was slugged and knocked to the ground, Richardson briefly placed him in a chokehold. Another police officer picked him up and placed him against the hood of a police car, Morales said. When he turned to look at the two officers, Richardson shouted, " 'Get the [expletive] out of here,' " Morales said. The force of the punch almost knocked out one of his front teeth, Morales said. Morales's father, Luciano Morales, a D.C. police officer, said he spoke with Richardson shortly after the incident. Richardson acknowledged that he hit Steven and accused the younger Morales of assaulting him, Luciano Morales said. Richardson did not explain why he did not charge Steven or seek medical assistance for him, Luciano Morales said. Hylton banned officers from moonlighting at the Beltsville warehouse. castanedar@washpost.com and zapotoskym@washpost.com
Monday, November 15, 2010
Cop Who Allegedly Slugged College Student Suspended
Prince George's officer who allegedly slugged college student suspended
The Washington Post by Ruben Castaneda - November 3, 2010
A Prince George's County police officer who was moonlighting as a security guard at a party last weekend was suspended after he allegedly hit an unarmed college student in the mouth, then briefly placed the young man in a chokehold, officials said. The officer, Dominique Richardson, was suspended Tuesday night, police officials said. Police have launched an internal investigation, said Maj. Andrew Ellis, a police spokesman. Richardson, who is assigned to District I in Hyattsville, did not respond to a phone message left at his police station Tuesday. Half of a front tooth was almost knocked out in Steven Morales, 20, of Waldorf, a student at the College of Southern Maryland, Morales and his attorney, Terrell N. Roberts III, said. A dentist has said Morales will eventually lose the tooth, Roberts said. Morales said he was near the door of a warehouse on Somerset Avenue in Beltsville, where the party took place, about 1 a.m. Saturday. Morales said he had a ticket for the event. A man wearing a Prince George's police badge around his neck - Richardson, according to county police - was acting as a security officer, guarding the entrance. Morales said there was not a single-file line, and he was surrounded from behind and from both sides by people trying to get into the warehouse. Morales said he asked the officer, politely, "Can you help me?" The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. The crowd kept pushing forward, Morales said. Morales said he may have been pushed into the officer. If he did make contact, "it wasn't that hard of a push," Morales said. About the same time, he said, he asked the officer for help. The officer grabbed him with one hand, reared back with his free arm and slugged him in the mouth, Morales said. Morales said he fell backward as other partygoers scattered. The back of his head bounced off the concrete, Morales said. The officer briefly put him in a chokehold, Morales said. Another officer picked him up and put him against the hood of a police car, Morales said. Morales said he turned around, and Richardson said, "Get the [expletive] out of here." Neither officer accused him of a crime or asked whether he needed medical attention, Morales said. Morales drove home and told his father, Luciano Morales, a 22-year veteran of the D.C. police, what had happened. The older Morales, who was dressed in his uniform, preparing for his work shift, drove his son back to the warehouse. Luciano Morales said he and Steven met with Richardson. Richardson acknowledged that he hit Steven and accused Steven of assaulting him, Luciano Morales said. Richardson did not explain why he did not arrest someone who assaulted him, Luciano Morales said. Luciano said his son was so bloodied that he initially thought he had been stabbed. "I know there are bad officers everywhere, but this touched home," Luciano Morales said.
The Washington Post by Ruben Castaneda - November 3, 2010
A Prince George's County police officer who was moonlighting as a security guard at a party last weekend was suspended after he allegedly hit an unarmed college student in the mouth, then briefly placed the young man in a chokehold, officials said. The officer, Dominique Richardson, was suspended Tuesday night, police officials said. Police have launched an internal investigation, said Maj. Andrew Ellis, a police spokesman. Richardson, who is assigned to District I in Hyattsville, did not respond to a phone message left at his police station Tuesday. Half of a front tooth was almost knocked out in Steven Morales, 20, of Waldorf, a student at the College of Southern Maryland, Morales and his attorney, Terrell N. Roberts III, said. A dentist has said Morales will eventually lose the tooth, Roberts said. Morales said he was near the door of a warehouse on Somerset Avenue in Beltsville, where the party took place, about 1 a.m. Saturday. Morales said he had a ticket for the event. A man wearing a Prince George's police badge around his neck - Richardson, according to county police - was acting as a security officer, guarding the entrance. Morales said there was not a single-file line, and he was surrounded from behind and from both sides by people trying to get into the warehouse. Morales said he asked the officer, politely, "Can you help me?" The officer told Morales to get in line, Morales said. Morales said he responded that he couldn't because he was hemmed in. The crowd kept pushing forward, Morales said. Morales said he may have been pushed into the officer. If he did make contact, "it wasn't that hard of a push," Morales said. About the same time, he said, he asked the officer for help. The officer grabbed him with one hand, reared back with his free arm and slugged him in the mouth, Morales said. Morales said he fell backward as other partygoers scattered. The back of his head bounced off the concrete, Morales said. The officer briefly put him in a chokehold, Morales said. Another officer picked him up and put him against the hood of a police car, Morales said. Morales said he turned around, and Richardson said, "Get the [expletive] out of here." Neither officer accused him of a crime or asked whether he needed medical attention, Morales said. Morales drove home and told his father, Luciano Morales, a 22-year veteran of the D.C. police, what had happened. The older Morales, who was dressed in his uniform, preparing for his work shift, drove his son back to the warehouse. Luciano Morales said he and Steven met with Richardson. Richardson acknowledged that he hit Steven and accused Steven of assaulting him, Luciano Morales said. Richardson did not explain why he did not arrest someone who assaulted him, Luciano Morales said. Luciano said his son was so bloodied that he initially thought he had been stabbed. "I know there are bad officers everywhere, but this touched home," Luciano Morales said.
Sunday, November 14, 2010
Watchdog Groups Rip U.S. Marshals Nominee
Watchdog groups rip marshals nominee
The Washington Times by y Jim McElhatton - November 10, 2010
Conflict of interest issue raised as an objection
Eight prominent human rights and prison industry watchdog groups Tuesday announced their opposition to U.S. Marshal nominee Stacia Hylton, a longtime Justice Department veteran who recently worked as a consultant to one of the nation's largest private prison companies. The organizations raised conflict of interest charges concerning Ms. Hylton's consulting work earlier this year for the Florida-based GEO Group, which has held of millions of dollars in contracts with the Marshals Service. "It is extremely worrisome that Ms. Hylton is nominated for a position where she would be directly involved in overseeing contracts with private prison companies to house federal detainees, given her cozy relationship with the private prison industry and her acceptance of funding from the GEO Group through her consulting work," said Ken Kopczynski, director of the Private Corrections Working Group, a nonprofit watchdog group. Citing a report last month by The Washington Times, the groups pointed out Ms. Hylton's acceptance of $112,500 in consulting fees from the GEO Group after leaving her post earlier this year as federal detention trustee. "This is a prime example of the revolving door between the public and for-profit private sectors turning full circle," said Alex Friedmann, associate editor of Prison Legal News, a project of the Human Rights Defense Center that reports on criminal justice issues. "After cashing in on her experience in public law enforcement by taking a consulting job with GEO Group, Ms. Hylton has now been nominated for a high-level federal position where she will oversee detention services for the U.S. marshals, including services provided by private prison firms such as GEO," he said. The organizations plan to discuss their concerns with the White House and the Senate Judiciary Committee. They said neither the White House nor the GEO Group responded to their questions about Ms. Hylton's relationship with the company. Among the organizations opposing the nomination are the Alliance for Justice, the National Lawyers Guild, International Cure, the Detention Watch Network, Grassroots Leadership and the Justice Policy Institute. Last month, a White House official said Ms. Hylton would not require a waiver from Mr. Obama's ethics rules, which bar appointees for two years from working on matters involving recent clients. So far, more than two dozen high-level appointees have been given full or partial waivers. "After review, it was determined ... she could easily be recused from participating in particular matters in which that client was a party," said the official. "This recusal, along with the Obama administration's ethics pledge and other ethics restrictions, will ensure that she can serve ably and effectively as director of the U.S. Marshals Service." Ms. Hylton wasn't working as an employee of the company, but provided services to GEO Group through her consulting company, Virginia-based Hylton Kirk & Associates. GEO Group was the only client on her financial disclosure form, for whom she said she did "consulting services for detention matters, federal relations and acquisitions and mergers" from March through July of this year. Marshals Service contracts generate an important source of revenue for the GEO Group. Ms. Hylton has supporters, including the National Sheriff's Association, which told the Judiciary Committee of her "extraordinary qualifications, experience and expertise." Ms. Hylton said if she is confirmed, her consulting firm would remain dormant except to comply with any legal and tax requirements while it's inactive. She also said $105,000 in annual retirement pay would end upon her appointment.
The Washington Times by y Jim McElhatton - November 10, 2010
Conflict of interest issue raised as an objection
Eight prominent human rights and prison industry watchdog groups Tuesday announced their opposition to U.S. Marshal nominee Stacia Hylton, a longtime Justice Department veteran who recently worked as a consultant to one of the nation's largest private prison companies. The organizations raised conflict of interest charges concerning Ms. Hylton's consulting work earlier this year for the Florida-based GEO Group, which has held of millions of dollars in contracts with the Marshals Service. "It is extremely worrisome that Ms. Hylton is nominated for a position where she would be directly involved in overseeing contracts with private prison companies to house federal detainees, given her cozy relationship with the private prison industry and her acceptance of funding from the GEO Group through her consulting work," said Ken Kopczynski, director of the Private Corrections Working Group, a nonprofit watchdog group. Citing a report last month by The Washington Times, the groups pointed out Ms. Hylton's acceptance of $112,500 in consulting fees from the GEO Group after leaving her post earlier this year as federal detention trustee. "This is a prime example of the revolving door between the public and for-profit private sectors turning full circle," said Alex Friedmann, associate editor of Prison Legal News, a project of the Human Rights Defense Center that reports on criminal justice issues. "After cashing in on her experience in public law enforcement by taking a consulting job with GEO Group, Ms. Hylton has now been nominated for a high-level federal position where she will oversee detention services for the U.S. marshals, including services provided by private prison firms such as GEO," he said. The organizations plan to discuss their concerns with the White House and the Senate Judiciary Committee. They said neither the White House nor the GEO Group responded to their questions about Ms. Hylton's relationship with the company. Among the organizations opposing the nomination are the Alliance for Justice, the National Lawyers Guild, International Cure, the Detention Watch Network, Grassroots Leadership and the Justice Policy Institute. Last month, a White House official said Ms. Hylton would not require a waiver from Mr. Obama's ethics rules, which bar appointees for two years from working on matters involving recent clients. So far, more than two dozen high-level appointees have been given full or partial waivers. "After review, it was determined ... she could easily be recused from participating in particular matters in which that client was a party," said the official. "This recusal, along with the Obama administration's ethics pledge and other ethics restrictions, will ensure that she can serve ably and effectively as director of the U.S. Marshals Service." Ms. Hylton wasn't working as an employee of the company, but provided services to GEO Group through her consulting company, Virginia-based Hylton Kirk & Associates. GEO Group was the only client on her financial disclosure form, for whom she said she did "consulting services for detention matters, federal relations and acquisitions and mergers" from March through July of this year. Marshals Service contracts generate an important source of revenue for the GEO Group. Ms. Hylton has supporters, including the National Sheriff's Association, which told the Judiciary Committee of her "extraordinary qualifications, experience and expertise." Ms. Hylton said if she is confirmed, her consulting firm would remain dormant except to comply with any legal and tax requirements while it's inactive. She also said $105,000 in annual retirement pay would end upon her appointment.
Tuesday, November 9, 2010
2 NJ Cops Charged In Police Corruption Case
2 NJ cops charged in police corruption case
October 14, 2010
Accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects
CAMDEN, NJ — Two New Jersey police officers are accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects in Camden. Authorities will announce details of the case against the officers at a news conference Thursday afternoon. Authorities say the officers have been suspended. Three other former Camden officers have already pleaded guilty. Authorities have said all five officers planted drugs on suspects, paid informants with stolen cash and drugs, falsified reports and conducted illegal searches. Earlier this year, Camden County Prosecutor Warren Faulk announced he was dropping charges against some 200 suspects — including some who spent years in prison — because of the conduct.
Accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects
CAMDEN, NJ — Two New Jersey police officers are accused of falsifying evidence in a case that has already led to drug charges being dropped against more than 200 suspects in Camden. Authorities will announce details of the case against the officers at a news conference Thursday afternoon. Authorities say the officers have been suspended. Three other former Camden officers have already pleaded guilty. Authorities have said all five officers planted drugs on suspects, paid informants with stolen cash and drugs, falsified reports and conducted illegal searches. Earlier this year, Camden County Prosecutor Warren Faulk announced he was dropping charges against some 200 suspects — including some who spent years in prison — because of the conduct.
Monday, November 8, 2010
Cop Had No Constitutional Right To Pleasure Himself
NY Cop Had No Constitutional Right to Pleasure Self in Tanning Booth, Judge Finds
The New York Law Journal by Joel Stashenko - November 8, 2010
A police officer fired for masturbating in a tanning room had no constitutional right to privacy, a federal judge has ruled. Sexual activity in "public places" is not protected by the Fourteenth Amendment to the U.S. Constitution, Northern District Judge David N. Hurd ruled in Fiore v. Town of Whitestown, 6:07-cv-00797, in upholding an upstate town's decision to dismiss the officer. "Here, the right of privacy may provide protection for plaintiff's act if it took place where he had a reasonable expectation of privacy, such as in his home," Judge Hurd wrote from Utica. "However, a tanning booth in a tanning salon, which is open to the public, is a commercial establishment and thus a public place where plaintiff has no protectable constitutional privacy interest in his sexual activities. Simply because the room was enclosed by four walls does not make the setting a private one for this act." Judge Hurd rejected arguments from former part-time Whitestown Town Officer Michael Fiore that statutes in several states, including Minnesota, Mississippi, North Dakota, Nebraska and New Mexico, regard tanning booths as akin to private places such as bathrooms and fitting rooms. Mr. Fiore, who was still under probation, was dismissed in 2007 after a woman told a police commission member that she had seen him while he was off-duty in a local tanning saloon with his gun visible. The woman also recounted a conversation with the owner of the salon in which the owner allegedly described having seen Mr. Fiore masturbating in a tanning room. The police commission notified Mr. Fiore that his "performance" as a police office was not "at a level acceptable" to the town. Mr. Fiore and his wife, Susan, sued the town and police commission members. On June 25, Judge Hurd threw out the federal claims without issuing a written opinion and refused to consider his state-law arguments. Mr. Fiore then asked Judge Hurd to reconsider. The judge held last week in a 14-page ruling that he had not made any errors of law and let his previous ruling stand. The judge acknowledged that "an individual's private sexual activities are generally within the zone of privacy protected from unwarranted government intrusion." But he added that such protection generally does not extend to public places. Mr. Fiore claimed that there was no evidence that he had purposely "exposed" himself to an unsuspecting woman in a public place. Rather, he argued that he had masturbated as part of an "intimate, consensual encounter" with the owner of the tanning salon in a private room. But Judge Hurd concluded that the circumstances of the ex-officer's conduct was irrelevant because "the Fourteenth Amendment does not provide protection to sexual activities, whether consensual or not, in a public place." The judge also ruled that the police department did not violate Mr. Fiore's right to procedural due process because Mr. Fiore did not request a name-clearing hearing, and the town was not obligated to offer him one. Edward J. Smith III, Eric G. Johnson and Gabrielle M. Hope of Smith, Sovik, Kendrick & Sugnet represented the Town of Whitestown and police officials. A.J. Bosman of the Bosman Law Office in Rome was the attorney for Mr. Fiore. Joel Stashenko can be reached at jstashenko@alm.com.
The New York Law Journal by Joel Stashenko - November 8, 2010
A police officer fired for masturbating in a tanning room had no constitutional right to privacy, a federal judge has ruled. Sexual activity in "public places" is not protected by the Fourteenth Amendment to the U.S. Constitution, Northern District Judge David N. Hurd ruled in Fiore v. Town of Whitestown, 6:07-cv-00797, in upholding an upstate town's decision to dismiss the officer. "Here, the right of privacy may provide protection for plaintiff's act if it took place where he had a reasonable expectation of privacy, such as in his home," Judge Hurd wrote from Utica. "However, a tanning booth in a tanning salon, which is open to the public, is a commercial establishment and thus a public place where plaintiff has no protectable constitutional privacy interest in his sexual activities. Simply because the room was enclosed by four walls does not make the setting a private one for this act." Judge Hurd rejected arguments from former part-time Whitestown Town Officer Michael Fiore that statutes in several states, including Minnesota, Mississippi, North Dakota, Nebraska and New Mexico, regard tanning booths as akin to private places such as bathrooms and fitting rooms. Mr. Fiore, who was still under probation, was dismissed in 2007 after a woman told a police commission member that she had seen him while he was off-duty in a local tanning saloon with his gun visible. The woman also recounted a conversation with the owner of the salon in which the owner allegedly described having seen Mr. Fiore masturbating in a tanning room. The police commission notified Mr. Fiore that his "performance" as a police office was not "at a level acceptable" to the town. Mr. Fiore and his wife, Susan, sued the town and police commission members. On June 25, Judge Hurd threw out the federal claims without issuing a written opinion and refused to consider his state-law arguments. Mr. Fiore then asked Judge Hurd to reconsider. The judge held last week in a 14-page ruling that he had not made any errors of law and let his previous ruling stand. The judge acknowledged that "an individual's private sexual activities are generally within the zone of privacy protected from unwarranted government intrusion." But he added that such protection generally does not extend to public places. Mr. Fiore claimed that there was no evidence that he had purposely "exposed" himself to an unsuspecting woman in a public place. Rather, he argued that he had masturbated as part of an "intimate, consensual encounter" with the owner of the tanning salon in a private room. But Judge Hurd concluded that the circumstances of the ex-officer's conduct was irrelevant because "the Fourteenth Amendment does not provide protection to sexual activities, whether consensual or not, in a public place." The judge also ruled that the police department did not violate Mr. Fiore's right to procedural due process because Mr. Fiore did not request a name-clearing hearing, and the town was not obligated to offer him one. Edward J. Smith III, Eric G. Johnson and Gabrielle M. Hope of Smith, Sovik, Kendrick & Sugnet represented the Town of Whitestown and police officials. A.J. Bosman of the Bosman Law Office in Rome was the attorney for Mr. Fiore. Joel Stashenko can be reached at jstashenko@alm.com.
Police Chief Accused of Quashing Corruption Probe
Officer: Chief quashed corruption probe
UPI - October 26, 2010
LOS ANGELES, CA (UPI) -- A former police sergeant in Bell, Calif., who initiated an investigation of possible city officials' corruption said his police chief quashed the probe. James Corcoran, who retired from the Bell police force after clashing with former Chief Randy Adams and filed a lawsuit against the city in July, said Adams became angry after Corcoran told him of evidence that officials may have been involved in voter fraud, illegal sales of building permits and unlawful vehicle seizures, the Los Angeles Times reported Tuesday. Adams grew more upset with Corcoran in August 2009 when Corcoran said he had already supplied the Los Angeles County district attorney's office and the California secretary of state's office with information, Corcoran said. Corcoran said Adams knew the former sergeant had worked with the FBI on anti-terrorism cases and told him not to mention the alleged corruption to the federal agency about the alleged corruption without Adams's permission. "(Adams) told me it makes others uncomfortable to have the FBI in the building. He should have offered me investigative assistance. Instead, he shut it down," Corcoran said. Adams's lawyer, Thomas O'Brien, denied his client became angry with Corcoran or tried to halt any FBI probe. He said Adams did not act on Corcoran's information because Corcoran had reported it to other agencies. "There was no further action for Chief Adams to take," O'Brien said.
UPI - October 26, 2010
LOS ANGELES, CA (UPI) -- A former police sergeant in Bell, Calif., who initiated an investigation of possible city officials' corruption said his police chief quashed the probe. James Corcoran, who retired from the Bell police force after clashing with former Chief Randy Adams and filed a lawsuit against the city in July, said Adams became angry after Corcoran told him of evidence that officials may have been involved in voter fraud, illegal sales of building permits and unlawful vehicle seizures, the Los Angeles Times reported Tuesday. Adams grew more upset with Corcoran in August 2009 when Corcoran said he had already supplied the Los Angeles County district attorney's office and the California secretary of state's office with information, Corcoran said. Corcoran said Adams knew the former sergeant had worked with the FBI on anti-terrorism cases and told him not to mention the alleged corruption to the federal agency about the alleged corruption without Adams's permission. "(Adams) told me it makes others uncomfortable to have the FBI in the building. He should have offered me investigative assistance. Instead, he shut it down," Corcoran said. Adams's lawyer, Thomas O'Brien, denied his client became angry with Corcoran or tried to halt any FBI probe. He said Adams did not act on Corcoran's information because Corcoran had reported it to other agencies. "There was no further action for Chief Adams to take," O'Brien said.
Sunday, November 7, 2010
Quick Departure for Rochester, New York Police Chief
CITY HALL: Police Chief David Moore stepping down
The Rochester City News by Christine Carrie Fien -- November 5, 2010
Well, something stinks. In a hastily arranged press conference this afternoon, Mayor Bob Duffy announced that Rochester Police Chief David Moore would be stepping down effective Monday. Moore was not present at the press conference. James Sheppard has been named acting chief. Sheppard is director of the city's Office of Public Integrity and is former director of Safety and Security at the Rochester City School District. He is also a former Rochester police officer. Duffy was evasive when repeatedly asked why Moore is leaving or if Moore's departure is voluntary. He said the reasons are personal and confidential and Moore could answer media questions if he chose to. Duffy said that as far as he knows, Moore does not have another job lined up. He said that Moore's departure is "our decision," meaning his and Moore's. Duffy said Moore has "done nothing wrong" and has provided "outstanding service" to the city. Also present at the press conference were Council President Lovely Warren and Council member Adam McFadden, who is head of Council's Public Safety Committee. It seems clear that the decision happened quickly, because McFadden said he didn't know beforehand what Duffy's announcement was going to be. Warren said that Duffy called her to tell her about the decision, but would not say when that call took place. Sheppard's appointment as acting chief must be approved by City Council. Sheppard says he will seek the job on a permanent basis. Moore will serve as director of the city's Office of Public Integrity until the end of the year. The OPI is essentially the internal affairs office for the City of Rochester.
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Rochester police chief quits suddenly
The Associate Press - November 6, 2010
ROCHESTER, N.Y. (AP) — The surprise resignation of the police chief in New York's third-largest city has local officials wondering what precipitated the move. The shake-up at the Rochester police department unfolded Friday afternoon when Police Chief David Moore met with Mayor Robert Duffy and agreed to step down. "Things developed over time," Moore said. "I don't think it would be appropriate to discuss my conversation with the mayor." In a separate news conference, Duffy said Moore "has done nothing wrong" and praised him as "a good man." Neither gave a reason for the sudden resignation, which was reported by the Democrat and Chronicle newspaper. Former Deputy Chief James Sheppard will take over as acting chief. Sheppard currently runs Rochester's Office of Public Integrity. City Councilman Adam McFadden said Saturday that he was puzzled by Moore's ouster, especially since Duffy will leave the city in January to be the state's lieutenant governor. Duffy, a former police chief, ran for lieutenant governor on the winning ticket with Democratic gubernatorial candidate Andrew Cuomo. McFadden said he was surprised that Duffy did not leave key people in place, since a new mayor will likely want his or her own people. With a population of 219,773, Rochester is New York's third most-populous city after New York City and Buffalo.
The Rochester City News by Christine Carrie Fien -- November 5, 2010
Well, something stinks. In a hastily arranged press conference this afternoon, Mayor Bob Duffy announced that Rochester Police Chief David Moore would be stepping down effective Monday. Moore was not present at the press conference. James Sheppard has been named acting chief. Sheppard is director of the city's Office of Public Integrity and is former director of Safety and Security at the Rochester City School District. He is also a former Rochester police officer. Duffy was evasive when repeatedly asked why Moore is leaving or if Moore's departure is voluntary. He said the reasons are personal and confidential and Moore could answer media questions if he chose to. Duffy said that as far as he knows, Moore does not have another job lined up. He said that Moore's departure is "our decision," meaning his and Moore's. Duffy said Moore has "done nothing wrong" and has provided "outstanding service" to the city. Also present at the press conference were Council President Lovely Warren and Council member Adam McFadden, who is head of Council's Public Safety Committee. It seems clear that the decision happened quickly, because McFadden said he didn't know beforehand what Duffy's announcement was going to be. Warren said that Duffy called her to tell her about the decision, but would not say when that call took place. Sheppard's appointment as acting chief must be approved by City Council. Sheppard says he will seek the job on a permanent basis. Moore will serve as director of the city's Office of Public Integrity until the end of the year. The OPI is essentially the internal affairs office for the City of Rochester.
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Rochester police chief quits suddenly
The Associate Press - November 6, 2010
ROCHESTER, N.Y. (AP) — The surprise resignation of the police chief in New York's third-largest city has local officials wondering what precipitated the move. The shake-up at the Rochester police department unfolded Friday afternoon when Police Chief David Moore met with Mayor Robert Duffy and agreed to step down. "Things developed over time," Moore said. "I don't think it would be appropriate to discuss my conversation with the mayor." In a separate news conference, Duffy said Moore "has done nothing wrong" and praised him as "a good man." Neither gave a reason for the sudden resignation, which was reported by the Democrat and Chronicle newspaper. Former Deputy Chief James Sheppard will take over as acting chief. Sheppard currently runs Rochester's Office of Public Integrity. City Councilman Adam McFadden said Saturday that he was puzzled by Moore's ouster, especially since Duffy will leave the city in January to be the state's lieutenant governor. Duffy, a former police chief, ran for lieutenant governor on the winning ticket with Democratic gubernatorial candidate Andrew Cuomo. McFadden said he was surprised that Duffy did not leave key people in place, since a new mayor will likely want his or her own people. With a population of 219,773, Rochester is New York's third most-populous city after New York City and Buffalo.
Saturday, November 6, 2010
Connected Police Chief Brings Out the Worst in Cops
Eastchester police chief hit during appearance by suspended cop's supporter
The Journal News by Will David - November 5, 2010
wdavid@lohud.com
EASTCHESTER, NY — A Town Board meeting erupted into mayhem when a former police officer who was supporting a Hispanic police officer who was suspended without pay hit police Chief Timothy Bonci in the face with folders and was later arrested. Former Eastchester police Officer Jeffrey Meyer Jr. said he "lost it" after talking to the Town Board about what he believed are inequities in the suspension of Officer Ramon Rosado, 41, without pay when other police officers and local officials get away with much more. Meyer, who retired after 20 years on a medical disability last week, said he walked back down the aisle where Bonci was sitting during the Wednesday night meeting to ask him to explain how the department treats everyone differently. "I threw the file at him, and my file hit him in the face," Meyer said. "A couple of guys got on top of me, and there was a melee. (Bonci) looked like an idiot, and so did I." Bonci suffered red marks and swelling under his right eye. Meyer surrendered Thursday at police headquarters and was charged with second-degree harassment, a violation. He was arraigned in Town Court and released without bail. He is due back in court Wednesday. The incident happened at a Town Board meeting in which supporters of Rosado showed up for a second consecutive board meeting to protest his suspension since this summer without pay. Rosado, a six-year member of the force, faces departmental hearings in connection with a May 23 case in which he was accused of making unlawful arrests. Rosado arrested a town man and his sister on obstruction of governmental administration charges. The charges were dropped by the county prosecutor, and Eastchester police opened an internal investigation of Rosado. He was later suspended without pay. He could be fired after a departmental hearing. Rosado, who is Puerto Rican, filed a federal discrimination lawsuit a year and a half ago against Bonci, the Town Board and the police department alleging harassment and discrimination. Like his departmental hearing, the lawsuit is pending. Town Supervisor Anthony J. Colavita said local legislation was approved Wednesday night that will allow the Town Board to have a public hearing at its next meeting and vote on an impartial hearing officer for Rosado's case. Colavita, who was the target of verbal attacks by Meyer, said the board has allowed everyone to speak on behalf of Rosado even though it has been raucous at times. Colavita added that the board has remained "respectful and professional." Colavita said he and Town Board members could not discuss specifics of the case. Attorney John D'Alessandro, who is representing Rosado and Meyer, said the Town Board and police force caused the incident to turn ugly. "It sounds like this was an unfortunate incident," D'Alessandro said. "When you suspend a police officer for four months without pay and due process, that could inflame the passions of that police officer's supporters." D'Alessandro added about Meyer, "To arrest a private citizen for speaking at a public hearing seems like a bit of an overreaction."
Tuesday, October 26, 2010
Costly Cop Arrested for Pounding Girlfriend
Atlanta police officer arrested for hitting girlfriend
The Atlanta Journal-Constitution by Christian Boone - October 23, 2010
An Atlanta police officer once involved in an altercation that ended up costing the city $350,000 was arrested Thursday on domestic violence charges. Terence Alexander, 41, an 11-year veteran of the force, is accused of hitting his 18-year-old girlfriend, a charge he denies, APD spokesman James Polite said. DeKalb Police arrested Alexander at his Briarcliff Road apartment where Aleka Simmons said the assault occurred. Alexander told officers Simmons hit him and that he was merely trying to hold her down, Polite said. Alexander, already under investigation for an undisclosed work-related incident, has been placed on administrative leave pending a meeting with Chief George Turner that will determine his future with the department. He's been fired by the APD once before, in 2005, after surveillance video captured him slamming a woman to the ground and arresting her for a parking violation while moonlighting at Hartsfield-Jackson International Airport. The assault victim, Diana Dietrich-Barnes, sued the city and settled for $350,000. Then-Police Chief Richard Pennington sacked Alexander for using unnecessary force but the department's civil service board overturned the decision. Alexander was rehired despite having been either reprimanded or suspended without pay 13 times for violating departmental rules.
The Atlanta Journal-Constitution by Christian Boone - October 23, 2010
An Atlanta police officer once involved in an altercation that ended up costing the city $350,000 was arrested Thursday on domestic violence charges. Terence Alexander, 41, an 11-year veteran of the force, is accused of hitting his 18-year-old girlfriend, a charge he denies, APD spokesman James Polite said. DeKalb Police arrested Alexander at his Briarcliff Road apartment where Aleka Simmons said the assault occurred. Alexander told officers Simmons hit him and that he was merely trying to hold her down, Polite said. Alexander, already under investigation for an undisclosed work-related incident, has been placed on administrative leave pending a meeting with Chief George Turner that will determine his future with the department. He's been fired by the APD once before, in 2005, after surveillance video captured him slamming a woman to the ground and arresting her for a parking violation while moonlighting at Hartsfield-Jackson International Airport. The assault victim, Diana Dietrich-Barnes, sued the city and settled for $350,000. Then-Police Chief Richard Pennington sacked Alexander for using unnecessary force but the department's civil service board overturned the decision. Alexander was rehired despite having been either reprimanded or suspended without pay 13 times for violating departmental rules.
Monday, October 25, 2010
Denver Cop Arrested For Sexual Assault
Denver police officer arrested as sex assault suspect
The Denver Post by Kieran Nicholson - October 19, 2010
Hector Paez, 31, a patrol officer who worked in District 4, was arrested Monday and is being held at the Douglas County Jail, according to Denver District Attorney's Office media release. The suspect, who was in uniform and working at the time of the alleged May 16 incident, came in contact with the victim, a 36-year-old woman, and ran a background check on her finding an outstanding arrest warrant out of Jefferson County, said Lynn Kimbrough, a Denver district attorney's spokeswoman. Paez then allegedly took the woman to an isolated area and coerced her into "performing a sexual act to avoid being taken to jail," the DA's office said. An investigation by the Denver Police Department's Internal Affairs Bureau led to the arrest. Paez will be charged later this week with kidnapping, sexual assault and attempt to influence a public servant, all felonies, prosecutors said. Paez appeared in Denver County Court this morning at a first advisement hearing. His bond has been set at $100,000. Paez was hired by the department in 2006. He was suspended, with pay, since May 19 when allegations were made against him. He remains suspended, now without pay, after his arrest Monday. The charge of attempt to influence a public servant alleges that Paez lied about his contact with the victim when he was interviewed by internal affairs, the release said. His next court date will be scheduled after charges are formally filed this week. Kieran Nicholson: 303-954-1822 or knicholson@denverpost.com.
The Denver Post by Kieran Nicholson - October 19, 2010
Hector Paez, 31, a patrol officer who worked in District 4, was arrested Monday and is being held at the Douglas County Jail, according to Denver District Attorney's Office media release. The suspect, who was in uniform and working at the time of the alleged May 16 incident, came in contact with the victim, a 36-year-old woman, and ran a background check on her finding an outstanding arrest warrant out of Jefferson County, said Lynn Kimbrough, a Denver district attorney's spokeswoman. Paez then allegedly took the woman to an isolated area and coerced her into "performing a sexual act to avoid being taken to jail," the DA's office said. An investigation by the Denver Police Department's Internal Affairs Bureau led to the arrest. Paez will be charged later this week with kidnapping, sexual assault and attempt to influence a public servant, all felonies, prosecutors said. Paez appeared in Denver County Court this morning at a first advisement hearing. His bond has been set at $100,000. Paez was hired by the department in 2006. He was suspended, with pay, since May 19 when allegations were made against him. He remains suspended, now without pay, after his arrest Monday. The charge of attempt to influence a public servant alleges that Paez lied about his contact with the victim when he was interviewed by internal affairs, the release said. His next court date will be scheduled after charges are formally filed this week. Kieran Nicholson: 303-954-1822 or knicholson@denverpost.com.
Friday, October 22, 2010
Arizona Police Officer Charged with Murder
Phoenix police officer charged with murder
The Associated Press by Bob Christie - October 15, 2010
The Associated Press by Bob Christie - October 15, 2010
PHOENIX, AZ - A Phoenix police officer has been indicted on a second-degree murder charge for the on-duty shooting of an unarmed suspect during a violent encounter in which he also shocked the victim with a stun gun and killed his dog, officials said Thursday. Officer Richard Chrisman was served a summons on the indictment and was not taken into custody, said his defense attorney Craig Mehrens. The indictment also charged him with aggravated assault and misdemeanor cruelty to animals. Maricopa County Attorney Rick Romley said at a press conference that Chrisman will remain free on $150,000 bail he posted after his initial arrest on an aggravated assault charge last week. His arraignment is set for Oct. 21. Chrisman allegedly pulled his pistol, put it against 29-year-old Danny Frank Rodriguez's head and told him he didn't need a warrant when Rodriguez ordered him out of his house on Oct. 5. During the next few minutes, Chrisman shocked Rodriguez with a stun gun, shot his pit bull, then fatally shot Rodriguez, according to a court document. Records show another officer told investigators he saw no reason for Chrisman to shoot. Mehrens said his client was justified in shooting Rodriguez and did not put his gun against his head as the other officer reportedly said. In announcing the charges, Romley said he's supported and stood by law enforcement officers throughout his career, grieving with them when one is killed or injured. "But we as citizens put our trust and our lives in their hands, and when one violates and abuses that trust, we must hold them accountable to the community for that breach," he said. "We must assure the victims and the community that the criminal justice process will be fair, transparent, and objective. And when justice is done, we must heal and move on."
In the past year, officers in the South Mountain precinct where the shooting happened have been accused of excessive force and racial profiling. Police chief Jack Harris met with community leaders several times since the shooting to assure them the department was vigorously investigating the case. Protesters gathered daily in front of police headquarters. "If it was my neighbor, if it was my relative, I would be upset, angered and outraged as well," Harris said. Harris said Thursday that he had notified Chrisman he would use an expedited process to fire him from his job of nine years. The officer will have a chance to try to persuade Harris not to fire him at a meeting next week. Chrisman, 36, and officer Sergio Virgillo had been called to a Phoenix mobile home by Rodriguez's mother, according to a court document. Elvira Fernandez told officers she had been arguing with her son who had damaged property inside the trailer and that she left because she was afraid he would assault her. A police probable cause statement showed the officers had difficulty controlling Rodriguez, with both firing their stun guns on the suspect to little effect. Chrisman then used pepper spray on Rodriguez and shot a dog in the living room, Virgillo told investigators. Virgillo said the dog was not threatening them and he saw no reason why Chrisman would shoot it. Virgillo said he tried to calm Rodriguez down and talk him into stepping outside. The police document said Rodriguez told the officers he was leaving with his bicycle, but Virgillo moved to block the door and Chrisman began struggling with Rodriguez over the handlebars. Chrisman then allegedly pulled out his handgun and shot Rodriguez more than once. Rodriguez died at the scene. Chrisman was arrested about five hours after the shooting and freed on bail the following day. Mehrens said he and an expert he hired interviewed Chrisman for several hours earlier this week. He said he offered to allow the expert and Chrisman testify in front of a grand jury, but he never got a response from Romley. "They didn't want to hear his side of the story," Mehrens said. Romley disagreed. "That's for a court proceeding," he said. "Grand juries are not a courtroom where a trial occurs." A lawyer for Rodriguez's mother said he was gratified with the charges, but said she will probably be upset the officer was not re-arrested. "The indictment was the first step towards justice," said Sabinus Megwa.
In the past year, officers in the South Mountain precinct where the shooting happened have been accused of excessive force and racial profiling. Police chief Jack Harris met with community leaders several times since the shooting to assure them the department was vigorously investigating the case. Protesters gathered daily in front of police headquarters. "If it was my neighbor, if it was my relative, I would be upset, angered and outraged as well," Harris said. Harris said Thursday that he had notified Chrisman he would use an expedited process to fire him from his job of nine years. The officer will have a chance to try to persuade Harris not to fire him at a meeting next week. Chrisman, 36, and officer Sergio Virgillo had been called to a Phoenix mobile home by Rodriguez's mother, according to a court document. Elvira Fernandez told officers she had been arguing with her son who had damaged property inside the trailer and that she left because she was afraid he would assault her. A police probable cause statement showed the officers had difficulty controlling Rodriguez, with both firing their stun guns on the suspect to little effect. Chrisman then used pepper spray on Rodriguez and shot a dog in the living room, Virgillo told investigators. Virgillo said the dog was not threatening them and he saw no reason why Chrisman would shoot it. Virgillo said he tried to calm Rodriguez down and talk him into stepping outside. The police document said Rodriguez told the officers he was leaving with his bicycle, but Virgillo moved to block the door and Chrisman began struggling with Rodriguez over the handlebars. Chrisman then allegedly pulled out his handgun and shot Rodriguez more than once. Rodriguez died at the scene. Chrisman was arrested about five hours after the shooting and freed on bail the following day. Mehrens said he and an expert he hired interviewed Chrisman for several hours earlier this week. He said he offered to allow the expert and Chrisman testify in front of a grand jury, but he never got a response from Romley. "They didn't want to hear his side of the story," Mehrens said. Romley disagreed. "That's for a court proceeding," he said. "Grand juries are not a courtroom where a trial occurs." A lawyer for Rodriguez's mother said he was gratified with the charges, but said she will probably be upset the officer was not re-arrested. "The indictment was the first step towards justice," said Sabinus Megwa.
Thursday, October 21, 2010
Police Officer Arrested on Intimidation Charge
Metro police officer arrested on intimidation charge
Nashville City Paper - August 2, 2010
Nashville City Paper - August 2, 2010
Police arrested one of their own late Sunday night after the officer’s ex-wife accused him of intimidating her. Metro Officer Derrick Hutchinson, a 12-year veteran of the department, was arrested Sunday night for on a misdemeanor charge of domestic assault by intimidation. Hutchinson was released from jail Monday on $2,500 bond. According to police, Hutchinson’s ex-wife claimed Hutchinson, 42, followed her and her boyfriend when they left church, and after pulling up beside the couple, he mouthed something to them with an angry look on his face. The officer’s ex-wife told police those actions along with other previous unwanted contact following their divorce had caused her to fear her safety. A Metro police media release stated Hutchinson was decommissioned and assigned to desk duty at the Central Precinct.
Saturday, October 16, 2010
Five Cops Charged With Tampering With Crime Reports
NYPD Deputy Inspector Steven Mauriello among five cops charged with tampering with crime reports
The New York Daily News by Rocco Parascandola - October 15, 2010
Five cops from a Brooklyn precinct have been hit with departmental charges accusing them of manipulating crime statistics, police sources said Friday. Deputy Inspector Steven Mauriello, the former commanding officer of the 81st Precinct in Bedford-Stuyvesant, is among those charged. The Daily News first revealed allegations of number fudging in the precinct in an explosive report in February. Officer Adrian Schoolcraft told NYPD investigators that supervisors in the precinct were badgering or ignoring crime victims. He said they also designated some felonies as misdemeanors. The systematic cooking of the books was done to make the crime rate appear lower. Mauriello is charged with tampering with grand larceny and stolen vehicle reports. He's also charged with misleading investigators. He couldn't be reached for comment. Roy Richter, head of the Captains Endowment Association, which represents captains and above, said Mauriello "feels abandoned by the department he has faithfully served for over two decades." The four other cops charged include two police officers and two sergeants. One sergeant is accused of failing to verify that two patrol officers filed a robbery complaint. The two patrol officers are charged with not filing the complaint in the first place. Details on the charges against another sergeant weren't immediately available. That sergeant will be served next week, and all five cops will remain on full duty for the time being. Schoolcraft has filed a $50 million federal lawsuit against the NYPD, accusing his bosses of suspending him and forcing him into a mental institution against his will because he reported wrongdoing. "The problem is citywide," his lawyer Jon Norinsberg said. "It's not just the 81st Precinct."
The New York Daily News by Rocco Parascandola - October 15, 2010
Five cops from a Brooklyn precinct have been hit with departmental charges accusing them of manipulating crime statistics, police sources said Friday. Deputy Inspector Steven Mauriello, the former commanding officer of the 81st Precinct in Bedford-Stuyvesant, is among those charged. The Daily News first revealed allegations of number fudging in the precinct in an explosive report in February. Officer Adrian Schoolcraft told NYPD investigators that supervisors in the precinct were badgering or ignoring crime victims. He said they also designated some felonies as misdemeanors. The systematic cooking of the books was done to make the crime rate appear lower. Mauriello is charged with tampering with grand larceny and stolen vehicle reports. He's also charged with misleading investigators. He couldn't be reached for comment. Roy Richter, head of the Captains Endowment Association, which represents captains and above, said Mauriello "feels abandoned by the department he has faithfully served for over two decades." The four other cops charged include two police officers and two sergeants. One sergeant is accused of failing to verify that two patrol officers filed a robbery complaint. The two patrol officers are charged with not filing the complaint in the first place. Details on the charges against another sergeant weren't immediately available. That sergeant will be served next week, and all five cops will remain on full duty for the time being. Schoolcraft has filed a $50 million federal lawsuit against the NYPD, accusing his bosses of suspending him and forcing him into a mental institution against his will because he reported wrongdoing. "The problem is citywide," his lawyer Jon Norinsberg said. "It's not just the 81st Precinct."
Thursday, October 7, 2010
Judge Rips Lying Cops
Years after cabbie was crippled, judge finally rips NYPD cops who covered for drunk colleague
The New York Daily News by Benjamin Lesser - October 7, 2010
Justice Lewis Bart Stone calls NYPD coverup 'disgusting.'
The New York Daily News by Benjamin Lesser - October 7, 2010
Justice Lewis Bart Stone calls NYPD coverup 'disgusting.'
NYPD cops engaged in a "disgusting" coverup for a drunken colleague who mowed down a cabbie, paralyzing him for life, a Manhattan judge has found. "The statements made by this victim about a police coverup are totally believable ... and most likely occurred," Supreme Court Justice Lewis Bart Stone declared. "It is disgusting what they did to prevent justice from being done." Sitting in his wheelchair in Stone's courtroom in May, victim Eric Goldin felt vindicated. "It opened up a whole new world of possibilities in terms of getting some ... positive resolution from the [NYPD]," he said. Goldin's long road to the unusual open-court declaration was filled with frustration. It began Nov. 6, 1998, as he drove his cab in the early morning darkness near E. 86th St. and First Ave. Suddenly a car driven by off-duty cop Edilio Mejia slammed into Goldin, sending his cab careening onto the sidewalk. Cops responding to the scene included Police Officers Donald Houvener and Arthur Olivella. Houvener and Olivella said Mejia was being treated for a head wound when they arrived, and Goldin was unconscious on the floor of his taxi, records show. Olivella was told Mejia was a cop, records show. Goldin and Mejia were taken to New York Hospital, where Goldin's then-girlfriend, Johanna Viksne, asked if Mejia had been given a Breathalyzer test. Olivella says he told her he was not trained to perform the test. Records show Olivella and Houvener said there was "no reason to think a Breathalyzer exam was necessary as P.O. Mejia did not smell of, or appear to be, under the influence of alcohol." Goldin's brother complained to the NYPD, but the department closed the case in 1999 based largely on the cops' testimony. Olivella and Houvener were disciplined for failing to tell supervisors there were allegations Mejia had been drinking. In February 2001, Goldin obtained Mejia's hospital records. They show the cop told hospital staff he'd been drinking, and revealed a toxicology report declaring Mejia's blood alcohol level was at least twice the legal limit. Goldin sent the records to the Manhattan DA and the NYPD. Both opened new probes, which found six cops were involved in the 1998 incident, but the DA said Mejia's medical records were inadmissable because he didn't consent to release them. No charges were filed. Then on Jan. 14, 2002, it happened again. Mejia was arrested sitting in a parked car on W. 170th St. with the engine running, his speech slurred and booze on his breath. He was charged with drunken driving. The NYPD opened an internal investigation and ultimately filed departmental charges in the 1998 and 2002 incidents. In October 2002, Mejia was found guilty of DUI in the 2002 incident and sentenced to 60 days in jail. In February 2008, he was found guilty of six departmental counts, including vehicular assault and DWI. He was forced to retire in March 2008, but kept most of his pension. Eight months later, he drove a 2000 Lincoln Navigator the wrong way on the FDR and hit an oncoming car. He was again charged with driving drunk. In May, 12 years after the first incident, Goldin told his sad story in court at Mejia's sentencing. Then it was Stone's turn. "I can't fault you directly for the coverup of the cops because they all did it; they kept you away from any form of Breathalyzer while you were in the hospital after you hit [Goldin]," he said. Then Stone ripped into the other cops. "Your friends on the [NYPD], certainly, you know, gave you a bye till this point ... for you to pay the piper." Mejia got a year in jail for the FDR crash. It's unknown if any of the cops involved in the 1998 "coverup" were punished. NYPD spokesman Paul Browne refused to comment. Prosecutors declined to discuss the case. Houvener and Olivella would not comment. They remain on the force; Houvener has been promoted to sergeant. blesser@nydailynews.com
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