Justice Department Boosts Activity To Police The Police

Justice Department boosts activity to police the police
The Washington Post by Jerry Markon - September 17, 2011

The Obama administration is ramping up civil rights enforcement against local police nationwide, opening a number of investigations to determine whether officers are guilty of brutality or discrimination against Hispanics and other minorities. In recent months, the Justice Department has begun inquiries into major city police departments such as Portland, Ore., where officers shot several people who had mental health issues, and Seattle, where police were accused of gunning down a homeless Native American woodcarver. The department issued a scathing report earlier this month accusing Puerto Rico police of a “staggering level of crime and corruption.’’ All told, Justice’s Civil Rights Division is conducting 17 probes of police and sheriff departments — the largest number in its 54-year history. The investigations are civil, meaning they will not lead to criminal charges, but can result in court-enforced reforms. The federal effort, part of the administration’s heightened enforcement of civil rights laws, has won praise from advocacy groups and experts on police brutality. “This is long overdue,’’ said Deborah J. Vagins, senior legislative counsel for the ACLU’s Washington legislative office. “The Bush administration beyond dropped the ball. These are some of the most egregious situations, places where we have killings committed by officers.’’

While many localities have welcomed the federal inquiries, others complain they are duplicating the work of civilian review boards, and can end up costing the jurisdictions millions of dollars if monitoring is ordered. Two of the departments under review have resisted, forcing the government to sue to gain access to documents or to interview deputies. Among those is Maricopa County, Ariz., led by Sheriff Joe Arpaio, whose department is under investigation for allegedly discriminating against Hispanic inmates and motorists. The sheriff’s office in Alamance County, N.C., is still battling the Justice Department in court and has accused it of having political motives. “We have no idea what the allegations are because they won’t tell us,’’ said Randy Jones, a sheriff’s office spokesman. “They need to be upfront and professional, and we haven’t seen that . . . it seems like they’re trying to find something, and there’s nothing there.’’ Justice officials, who have said they are exploring whether Alamance deputies discriminated against Hispanics, say police investigations are a key part of their effort to revitalize the Civil Rights Division. It had suffered a mass exodus of lawyers amid conclusions by internal watchdogs that hiring was politicized in the Bush administration.

Thomas E. Perez, assistant attorney general for civil rights, said the investigations into local police are “really a cornerstone of our work.” He was speaking to reporters about the report on Puerto Rico, which accused officers of widespread brutality, unconstitutional arrests and targeting people of Dominican descent. That followed a Justice Department report in March that said the New Orleans Police Department repeatedly violated constitutional rights by using excessive force, illegally arresting people and targeting black and gay residents. “When police officers cross the line, they need to be held accountable,’’ Perez said. “Criminal prosecutions alone will not change the culture of a department.’’ Experts say it is unclear if police brutality is increasing or just more likely to be exposed, though Justice officials say factors such as the economy and weaknesses in the mental health system are leading to more potentially dangerous encounters with civilians. “There’s no way to measure it,’’ said Samuel Walker, an expert on police accountability at the University of Nebraska at Omaha, who praised the Obama administration’s crackdown as “a simple issue of justice. The victims are almost entirely people of color.’’ The current investigations cite a 1994 federal law that gave the Civil Rights Division the authority to determine whether departments are engaging in a “pattern or practice” of violating constitutional or federal rights. It was enacted after the videotaped beating of black motorist Rodney King by Los Angeles police officers. The Obama administration also has amped up criminal enforcement. The Civil Rights Division last year filed a record number of criminal cases, 52, against mostly law enforcement officers for allegedly violating constitutional or legal rights “under color of law.’’ There are about 10,000 police departments nationwide. In the civil probes, lawyers in the division’s Special Litigation Section track potential cases through media reports and by consulting with officers, advocacy groups and citizens. Justice Department officials are focusing on large departments and on securing court-enforced changes to guarantee enduring reforms. “We can’t go everywhere there is a civil rights violation,’’ said one Justice official, who spoke on the condition of anonymity because he was not an authorized spokesman. “There are too many places with problems.’’ Among the most expansive probes is in Newark, where the Justice Department announced in May it is investigating allegations including excessive force and discriminatory policing. The ACLU had called for a probe and issued a report documenting 407 alleged cases of police misconduct.

In Suffolk County, N.Y., investigators are probing whether police failed to respond to 911 calls from Hispanics and other non-English speakers. The probe in Portland, launched in June, focuses on allegations of excessive force, especially against people with mental health issues. Last month, the department announced it would investigate whether Los Angles County sheriff’s deputies in two cities conspired with housing officials to discriminate against black families with low-income housing vouchers. Steve Whitmore, a spokesman for the county sheriff’s department, said Justice lawyers did not consult with an independent review board probing similar allegations. He said Sheriff Leroy D. Baca would cooperate, yet questioned whether another investigation is needed “when you have several lawyers of oversight already and budgets are extraordinarily tight.’’ Xochitl Hinojosa, a Justice Department spokeswoman, said the department “strongly supports civilian oversight and internal mechanisms to independently investigate and remedy constitutional violations.’’ She added that in cases “where internal review or civilian oversight has failed to identify and correct a problem, a civil rights investigation may be necessary.” Robert McNeilly, who was police chief in Pittsburgh during a five-year court-approved monitoring period after a Justice Department probe, said “there is some unnecessary alarm about these investigations.’’ “There is no doubt it was an enormous help because dramatic change happened so quickly,’’ said McNeilly, whose former department was accused of excessive force and other violations and released from monitoring in 2002. “It changed the culture of the entire organization,’’ he said. “We became more accountable.’’

Female Cop Busted In Tryst with Inmate

Female officer busted in Rikers tryst with inmate
The New York Daily News by Joe Kemp - September 21, 2011

A female city correction officer was busted for having sex with a Rikers Island inmate, authorities announced Tuesday. Andrea Buchanan, 30, of Queens, was assigned to the Eric M. Taylor Center, where she had the tryst with a male inmate last month, authorities said. The six-year vet was arrested and hit with charges that include sexual misconduct, forcible touching and official misconduct, officials said. She was suspended without pay from her $76,488-a-year job. "City correction officers should know that inappropriate contact with an inmate jeopardizes their career, and exposes them to arrest and prosecution," said Rose Gill Hearn, commissioner of the city Department of Investigation.

NYPD Cop In Corruption Probe Attempts Suicide

NYPD officer in corruption probe attempts suicide
The Digital Journal by Pierre Waithe - September 17, 2011

A off-duty NYPD officer jumped onto subway tracks in the Bronx and touched the third rail in a failed suicide bid early Wednesday morning. The officer was one of several dozen being investigated by a grand jury in relation to a ticket fixing scandal. New York City police officer Robert McGee, 62, made a suicide attempt shortly before 5 a.m. on Wednesday morning when he jumped onto the train tracks and grabbed the third rail on the No. 1 subway line at the 238th Street station in the Riverdale section of the Bronx. Shortly after his failed electrocution attempt, an officer found McGee at the station with a burned hand. He was taken to North Central Bronx Hospital where he is reportedly in stable condition. McGee's concerned wife, who made the initial 911 call that lead to his discover by police at the train station, described her husband to emergency dispatchers as "suicidal." McGee was supposedly despondent over having to take the stand last week and testify before a grand jury in a corruption probe over the widespread ticket-fixing scandal that has implicated hundreds of officers. He became even more distraught over the possibility he might have to testify against other officers at trial. Police superiors had stripped McGee of his firearm and placed him on modified duty because of fears he may harm himself. McGee is a 30 year veteran of the NYPD and a popular Police Benevolent Association (PBA) delegate for officers working in the 43rd precinct in the Bronx. In a statement to the New York Post, PBA Bronx trustee Joe Anthony further said, "He's our most senior delegate and very respected. He's under a lot of pressure from the job." The PBA is a organization that provides labor and legal counsel to NYPD officers. McGee had also tried to retire from the NYPD recently but was barred from doing so because he was under investigation.

The NYPD's Ticket-Fixing Scandal

The NYPD ticket-fixing scandal involves by some accounts as many as 400 NYPD officers who are alleged to have fixed traffic tickets as favors to family and friends and even some celebrities. Other officers may have accepted bribes to fix traffic tickets. Tickets were allegedly fixed by NYPD officers through the intentional loss of paperwork or by missing court dates. Because a ticket is considered an official municipal government document, altering it in anyway is illegal. Prosecutors with the Bronx District Attorney's Office (DA) and detectives from the NYPD's Internal Affairs division first launched their investigation into the ticket-fixing scandal last year. The probe began with a few police precincts in the Bronx and has only expanded since then. Investigators believe the scandal may date as far back as 2008. Though the corruption probe is largely centered in the Bronx and is being spearheaded by the DA's office in that borough, hundreds of NYPD officers from throughout the city's five boroughs are said to be targets of the probe. Allegations of NYPD officers fixing tickets for friends, family and the well-connected or accepting bribes to make tickets disappear have ignited a media frenzy locally. The scandal has also caused significant damage in regards to the public's trust in the NYPD and faith in it's integrity. NYPD corruption has not been seen at such a high level since the 90's. McGee was one of the officers targeted by the probe and was forced to testify by the DA's office before a grand jury last week about at least a dozen tickets he had fixed. While McGee testified with immunity and is not expected to face criminal charges over his ticket fixing, he was distraught at the prospect of taking the witness stand against fellow officers at a trial, according to The New York Times. The grand jury panel is reportedly set to vote on charges and judgement against the officers could be forthcoming within a few weeks. Charges that NYPD officers ensnared in the probe could possibly face include, bribery or misconduct charges which could result in prison sentences. Though hundreds of officers have been targeted by the probe, about a few dozen are considered to be the worst of the worst and could possibly be facing prison time. Many officers may also face departmental-based penalties which could range anywhere from loss of vacation days, loss of sick leave, being docked in pay, or transfer to an undesirable duty within the NYPD. Some officers may even face termination of employment with the NYPD.

September: The Month of Retrials

September: the month of retrials

The Journal News - Completely Legal Blog - by Rebecca Baker - September 7, 2011

Now that Labor Day has come and gone, the courts are back in full swing with a host of new cases … and some more familiar ones. Not one, not two, but three defendants are being retried this month in Westchester County courts, and jury selection for all three starts this week. That means the line to get into the courthouse is going to be very, very long, so if you’re called for jury duty or have an appointment at 111 Martin Luther King Jr. Blvd., arrive early or be prepared to wait.

Here are the three defendants:

1. James Pileggi- The former Eastchester police officer is charged with second-degree manslaughter for the Nov. 3, 2009, shooting death of a friend. Westchester County Judge Barbara Zambelli declared a mistrial after the jury was stuck at 10 to 2 for conviction after four days of delibertation. Jurors never even got to discussing two lesser charges that the judge allowed them to consider: criminally negligent homicide and reckless endangerment. Pileggi, 31, shot and killed his friend, Andre Everett, 27, with the Glock 26 in Everett’s driveway on Albert Place in New Rochelle. He testified that he unintentionally shot Everett while taking the gun apart to show him its laser device. Pileggi said he thought the gun was empty. Prosecutors contend he’d never fully examined the weapon before pulling the trigger and therefore was criminally reckless.

2. Selwyn Days- This is Day’s fourth trial and second retrial in the murders of an Eastchester millionaire and his home health aide. Jurors were stuck at 9-3 in favor of acquittal. Days, 46, has been incarcerated for 10 years, since confessing on video to killing 79-year-old Archie Harris and 35-year-old Betty Ramcharan, who were found stabbed to death in Harris’ home Nov. 21, 1996. Days had said he went to Harris’ home to confront him about sexual abuse allegations made by Days’ mother, who had been Harris’ aide before Ramcharan. Days said that, after Harris cursed, used a racial slur and swung a small bat at him, he grabbed him by the neck and beat him. Days said he then grabbed a kitchen knife and stabbed Harris, then turned on Ramcharan when she stumbled on the scene. Days claims the confession was coerced; no physical evidence linked Days to the slayings, and several alibi witnesses said he was in North Carolina at the time of the killings. Prosecutors insist that the witnesses fabricated their stories at the behest of Days’ mother, Stella, who had worked for Harris before Ramcharan. His first trial ended with a hung jury; he was convicted at a second trial in 2004, but a judge threw out the verdict in 2009 after a wrongful-conviction hearing.

3. Mildred Didio- A Manhattan attorney who was one of eight people charged in a multimillion-dollar mortgage fraud that stripped homes from families in Croton-on-Hudson, Yorktown, Cortlandt and Mount Vernon; and swindled two mortgage lenders out of $1.4 million. According to prosecutors, the group found their victims through notices of public auction or foreclosure. They reached out to the cash-strapped homeowners and gained their trust, saying they could transfer the deed to an investor, who would hold the title for 12 to 24 months so they could save money and reclaim their home. But once the “investor” took title, phony checks were presented to the lenders for much higher amounts than what the straw buyer paid for the home. Those checks allowed the group’s members to get inflated mortgages, which they used to pay off the original mortgage and keep the remainder for themselves. Didio is accused of representing the straw buyers or acting as a settlement agent for the lenders. Six others were convicted for their roles in the scheme; one was acquitted.

Pill Probe Cop Accused of Ticket Fixing

Officer in pill probe at Westchester Airport also accused of ticket fixing

The Journal News by Jonathan Bandler - September 15, 2011

Authorities are investigating whether an officer being probed in an oxycodone distribution case also was paid to fix traffic tickets at Westchester County Airport. Officer Michael T. Brady, 36, a Thornwood resident and grandnephew of the late Westchester County Board of Legislators Chairman Edward Brady, was assigned to the airport and is alleged to have been paid off to protect a man who traveled through there regularly with painkillers and drug proceeds he transported between Florida and Connecticut. Brady was taken into custody Monday while visiting relatives in Florida, one of 20 people arrested in the case on drug conspiracy charges brought by the U.S. Attorney's Office in Connecticut. Others include three Transportation Security Administration officers — one of whom, Brigitte Jones, worked at the county airport; a Florida state trooper; and two Westchester livery drivers, Sami Naber and Manny Babe. The case broke in April when the dealer was arrested in a Stamford, Conn., hotel with 6,000 oxycodone pills and began cooperating with authorities. The man, identified in the complaint only as "cooperating witness 1," took 65 flights between Florida and New York from November to April. He met Naber at the county airport last year and began using him to drive him and the drugs to Connecticut and rent cars that Naber, Babe and a Florida driver would use to bring the drugs from Florida, it is alleged. According to the criminal complaint, Naber introduced the dealer to Brady — telling him the officer had helped Naber and other drivers "to dispose of traffic tickets in exchange for a fee." The association apparently paid off for the dealer, who told authorities that late last year or early this year he was stopped by TSA officers at the county airport while carrying about $100,000. Brady intervened and got the security officers to stop their questioning and let the dealer go, according to the complaint. The dealer told authorities that he had paid Brady about $20,000 over several months. Westchester Public Safety Commissioner George Longworth would not discuss the specific allegation of ticket-fixing but said that all the circumstances of Brady's involvement in the case are being reviewed and that "operational changes (at the airport) are forthcoming." Brady worked for the New York City Department of Environmental Protection police for three years before joining the county police department 11 years ago. He was released on $750,000 bond after appearing before a magistrate in Florida. Brady's wife filed for divorce last year and the divorce was finalized last month, court records show. The couple lived in Mount Kisco for several years before moving to Thornwood in 2008.

Airport Security Officers Charged in Drug Case

Airport Security Officers Charged in Drug Case
The New York Times by Kristin Hussey - September 13, 2011

STAMFORD, Conn. — Three Transportation Security Administration officers have been charged with accepting bribes to let couriers smuggle painkillers and cash undetected through security checkpoints at airports in New York and Florida, federal prosecutors said Tuesday. The officers, one stationed at Westchester County Airport and two others at Palm Beach International Airport in West Palm Beach, were responsible for screening passengers and carry-on bags for commercial airline flights between the two airports. The officers — Brigitte Jones, 48, of the Bronx; Christopher Allen, 45, of Palm Beach Gardens, Fla.; and John Best, 30, of Port St. Lucie, Fla. — were each charged with conspiring to distribute and to possess with intent to distribute oxycodone. Officer Jones’s lawyer, William Bloss, said that he anticipated a not-guilty plea, but that he had not yet been able to review the evidence in the case. Efforts to reach lawyers for Officer Best on Tuesday night were not successful. Prosecutors said they did not know who was representing Officer Allen. The federal officers were among 20 people who were arrested, most on Monday and Tuesday, after a five-month investigation. Prosecutors say couriers carried thousands of pain pills from Florida to Connecticut, where they were sold for a higher price, and then returned to Florida with large amounts of cash. Two other law enforcement officers — Michael T. Brady, 36, a Westchester County police officer; and Justin Kolves, 28, a Florida state trooper — were also arrested and charged with the same offenses as the T.S.A. officers. Prosecutors say that between November 2010 and April 2011, the security officers allowed drug couriers to carry the strong prescription narcotic oxycodone and large amounts of cash onto dozens of commercial airline flights between Westchester County and West Palm Beach and that the officers accepted cash and gift cards as bribes. The officers were paid about $500 each time they let someone through the checkpoint for a flight, prosecutors said. On each trip, the drug couriers carried 6,000 to 8,000 pills. David B. Fein, the United States attorney for Connecticut, called the accusations unsettling, given the importance of T.S.A. officers’ screening responsibilities. “In these times, no one needs to be reminded about how dangerous it is when officers who have sworn to uphold the law accept money to ‘look the other way,’ ” he said in a statement. On one occasion, a witness wearing a police wire sought advice from Officer Jones about how best to smuggle a handgun through security and coordinated with her to make sure Officer Jones could guide him through the screening checkpoint at the Westchester airport, in Harrison, N.Y., according to a prosecutor’s affidavit used to obtain arrest warrants. The three agents under arrest are no longer performing security operations, said a spokesman for the security agency, Greg Soule. But he would not say whether the agents have been suspended or are still being paid, citing the continuing investigation. In a statement, the T.S.A. said it “holds its security officers to the highest professional and ethical standards and has a zero-tolerance policy for criminal activity in the workplace.” Prosecutors said that Officer Brady, a Westchester County police officer stationed at the airport in Harrison, accepted bribes totaling $20,000 in the case. On one trip from Harrison, Officer Brady, 36, of Thornwood, N.Y., an 11-year veteran of the force, ordered T.S.A. officials to stop questioning a man about $100,000 in cash he was carrying, according to the prosecutor’s affidavit. He has suspended been without pay. A phone message left at his home on Tuesday night was not returned.

Cheating on State Police Promotion Tests Alleged

Cheating on DPS exams alleged
The Clarion Ledger - August 29, 2011

An internal investigation of the state Department of Public Safety is seeking to determine if troopers cheated on promotions tests - and who, if anybody, helped. Promotions tests were given for the positions of master sergeant, lieutenant and captain earlier this month. Internal Affairs officials have begun to administer polygraphs to some of those who took the tests, according to troopers. Gov. Haley Barbour said Monday the allegations arose late last week. "The results of all the exams have been thrown out, and anyone involved in any improprieties will be severely punished," he said. He could not say how many troopers might be involved. "I would simply be guessing," he said. It's bad news for a department already reeling from bad news. On Friday, James Smith, a 17-year Mississippi Highway Safety Patrol employee, was convicted of fixing tickets and falsifying commercial driver's license records. Another former employee, Joseph Rigsby, faces trial this week on similar charges. In November, Bill Maxey resigned as director of fleet for the patrol after coming under scrutiny for reportedly using his state car for personal travel. The Clarion-Ledger reported that records showed Maxey used his state-owned SUV to make out-of-state, weekend trips to Alabama, Florida, Louisiana and Tennessee. Maxey, who has sold tailor-made suits, had no law enforcement background before taking the $66,000-a-year job. The promotions tests investigation is continuing, and DPS spokesman Jon Kalahar said further details will be released later. "We will make the full results of that investigation known as soon as it's completed," he said. One area Internal Affairs is scrutinizing is whether copies were leaked when officials emailed the tests to the command staff for review. Several troopers said it was common knowledge the tests were emailed. Jackson lawyer Shane Langston, whose law firm handles employment law cases, said emailing promotions tests blows his mind. "That's like emailing the ACT test exam to public school teachers, and saying to them, 'Now don't show it to your students.'" Former Jackson Police Chief and law enforcement consultant Robert Johnson
called emailing promotions tests "highly unusual. There's a reason that no confidential information is sent out on email."

In 2009, Michael Berthay, then-assistant commissioner of public safety, began to institute changes that transferred the administration of Highway Patrol promotions tests to an outside agency, the state Personnel Board along with troopers from neighboring states. "We were one of the last states to change," said Berthay, who retired in June 2010. The patrol since has reverted to handling those promotions tests internally. Berthay praised those who work at the Highway Patrol as having a "high sense of integrity, but I think the integrity comes into question when the administration allows the promotions tests to be published on the World Wide Web, whether it's email or some other way." Instead of polygraphing troopers, the investigation should "look at the person in the administration that would allow a test to be emailed out," he said. Sending out an email means anybody in the world can possibly get a copy of the exam, he said. "Who knows? The Afghan police could be studying for this test." Bobby Reed, past president of the Mississippi State Troopers Association, said Monday's allegations are nothing new. Years ago, administrators shared old tests as "study guides" with troopers they wanted to promote, he said. "It's the same song, second verse." He said he preferred the old system where "at least they'd look you in the eye and say, 'Old so-and-so is getting the job because he's politically connected.'" He shared the story of a favored trooper that administrators wanted to promote. "Only problem was he was dumber than a rock," he said. Realizing this, the administrators waited until two positions came open at once and announced they would select from the troopers who scored in the top six, he said. "The dumb guy couldn't even get in the top six," Reed recalled. "He came in at number seven." Administrators decided to promote someone already in the top six, enabling the favored trooper to move up into the top six and get the promotion, he said. "It was politics at its best."

Contables Seek Federal Court Assistance Over Corruption Retaliation

Dallas County constables ask federal judge to stop job cuts they see as retaliation against whistleblowers

The Dallas News by Stephanie Collins - August 30, 2011

A group of Dallas County constables were in federal court Tuesday to ask a judge to stop county commissioners from eliminating more than 30 positions from their staffs. Constables Ben Adamcik, Jim Gilliand, Beth Villarreal and Roy Williams Jr. are seeking a temporary restraining order to prevent the cuts. They say the jobs are being eliminated as retaliation connected to a whistleblower investigation into potential misconduct by Commissioner John Wiley Price, former Constable Jaime Cortes and Constable Derick Evans. But county officials say the positions are being cut because of budget issues and that some of the duties will are being shifted to the Dallas County Sheriff’s Department. “If [the constables] want to run for commissioner, they can,” said Dolena Westergard, assistant district attorney for Dallas County. “But at this point they’re just constables, and their opinions are of no value.” U.S. District Judge Royal Ferguson granted the constables a hearing on Sept. 29 and 30 for a preliminary injunction so that witnesses can testify on the issue. “This raises serious concern that decisions are being made to retaliate against people exercising their 14th Amendment rights,” the judge said. “There has to be strong proof that we’re talking about retaliation.” The proposal was on the commissioners’ agenda for Tuesday morning, but the court delayed its vote until the judge rules on the matter. WFAA-TV (Channel 8) contributed to this report. STEPHANIE COLLINS Staff Writer - scollins@dallasnews.com

Onlooker Had the Right to Videotape Arrest, Circuit Rules

Onlooker Had the Right to Videotape Arrest, Circuit Rules
The New York Law Journal by Zoe Tillman - September 1, 2011

BOSTON, MA - Videotaping police in the course of their duties is "unambiguously" a free speech right protected under the First Amendment, the U.S. Court of Appeals for the First Circuit has held in a recent decision. The appeals court, in an opinion released Friday, rejected the argument that officers who arrested such videographers should be granted immunity against litigation. The underlying case involves a Massachusetts lawyer, Simon Glik, who sued the city of Boston and three local police officers alleging violations of his First and Fourth amendment rights after he was arrested for filming police activity with his cellphone. Mr. Glik was walking past Boston Common in 2007 when he spotted three officers making an arrest. The officers saw Mr. Glik filming the arrest using his cell phone and placed him under arrest, later charging him with violating the Massachusetts Wiretap Act, disturbing the peace and aiding in the escape of a prisoner. The case was eventually dropped, and Mr. Glik filed suit. The city of Boston and the police officers moved to dismiss the case, arguing they were entitled to immunity because there was no clear First Amendment right to videotape police using a cell phone. They also argued that they did not violate Mr. Glik's Fourth Amendment right because they had reason to believe he had violated the state's wiretap law. Judge William Young of the U.S. District Court for the District of Massachusetts denied the motion to dismiss, prompting an immediate appeal by the city of Boston and the officers. Circuit Judges Kermit Lipez, Jeffrey Howard and Juan Torruella heard oral arguments on June 8. The appellate judges found that Mr. Glik was well within the bounds of the First Amendment by filming government officials carrying out their duties in a public space. Private individuals, like members of the press, should be given wide berth to gather information on public officials, the panel wrote. "Changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw," the circuit said in Glik v. Cunnifee, 10-1764. "The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone." On the Fourth Amendment claim, the panel agreed with Judge Young's finding that the police had no reason at the time to believe Mr. Glik was secretly recording them in violation of the state's wiretap law. Police admitted that they knew Mr. Glik was using his phone to capture the arrest when they confronted him, the panel noted. The police claimed they thought Mr. Glik was only taking pictures, as opposed to a video and audio recording, but the appeals court found that "a straightforward reading of the statute and case law cannot support the suggestion that a recording made with a device known to record audio and held in plain view is 'secret.'" Mr. Glik's attorney, David Milton of the Boston-based Law Offices of Howard Friedman, said Tuesday that the ruling was a "resounding victory for the First Amendment." "In strong language, the court affirmed that the right to videotape police officers and other public officials is protected by the First Amendment and is an essential tool of democracy," he said. A representative in Boston's Office of Corporation Counsel did not immediately return a request for comment. Zoe Tillman, a reporter for The National Law Journal, an affiliate publication, can be contacted at ztillman@alm.com.

Residents Want Police Force Disbanded After Cop Shoots Neighbor

Elgin, Ore., Residents Want Police Force Disbanded After Cop Shoots Neighbor
The Seattle Daily Weekly by Curtis Cartier - August 29, 2011

​In the aftermath of the John T. Williams shooting, Seattleites voiced outrage in many ways, some calling for charges against the officer who shot him, others calling for a residents' oversight board to monitor the police, and others calling for SPD Chief John Diaz to resign. Compare that reaction to the town of Elgin, Ore., where a similarly suspect police shooting has made the residents there call for much more drastic action. Specifically, many of them want the entire police department abolished.

The AP reports: . . . the incident has so angered residents that many are demanding the small police department be disbanded, even as other communities across the country struggle to maintain police forces amid budget cuts. "It was murder," said John Thibodeau, 78, who retired to Elgin from Reno, Nev., 27 years ago. "I absolutely think they need to go."

The "murder" Thibodeau speaks of is the death of Richard "Dickie" Shafer. Shafer was recently killed by Ofc. Eric Kilpatrick, who had responded to a domestic disturbance call and found Shafer and his wife fighting. According to Shafer's wife, her husband had a loaded AR-15 assault rifle that he told the officer about, then asked if he could unload it and put it in his truck. The officer supposedly agreed, but while Shafer was emptying the magazine, Kilpatrick became agitated and Tased Shafer, then shot him in the chest. Shafer's wife says her husband was never aggressive with the weapon. The police department says Shafer pointed the gun at the officer. Ofc. Kilpatrick, as it turns out, has been complained about by residents before for apparently acting nervous and always keeping his hand on his gun. So now residents are left to decide whether to keep the police force at all or to contract with the county sheriff's department instead. No doubt there were a few people in Seattle who would have liked to have made a similar decision after the John T. Williams case.

Cop's Lawyer Wants More Time for New Trial

Officer's attorney asks for more time to file for new trial
The Tulsa World by Omer Gillham - August 31, 2011

Grand jury investigates police corruption: Read all of the stories, view a timeline and read key documents. Citing jury confusion and unfair testimony, an attorney for convicted Tulsa police Officer Jeff Henderson has asked for additional time to file for a new trial for his client. Robert Wyatt IV filed a motion Tuesday in U.S. District Court in Tulsa, asking for a 30-day extension to file for a new trial or acquittal. Typically, attorneys file for a new trial within 14 days of a conviction, Wyatt’s filing states. Henderson, 38, was found guilty Aug. 24 on two counts of civil rights violations and six counts of perjury. He was acquitted on 45 counts of civil rights violations, drug crimes, witness tampering and suborning perjury. Officer Bill Yelton, 50, his co-defendant, was acquitted on all eight counts against him. The charges included civil rights violations, witness tampering, suborning perjury and retaliation against a government witness. Without the extension, Henderson would be required to file a motion for acquittal or for a new trial by Sept. 7, Wyatt wrote. He asked U.S. District Judge Bruce Black to extend the deadline to Oct. 7. Special prosecutors do not oppose the request for additional time, Wyatt’s motion states. Citing a Tulsa World article, Wyatt noted that one jury expressed confusion over several guilty verdicts related to the case of Ronald Crawford. Crawford was charged in January 2009 with a weapons charge based on a search warrant involving Henderson. Prosecutors presented evidence and testimony showing that Crawford was in Texas during the time when Henderson said he observed him in Tulsa. The juror, who asked to remain anonymous, was interviewed by the World shortly after the verdict was rendered. She stated that she reconsidered her voted on several perjury counts for Henderson after the jury requested clarification from the judge on how motions are to be considered separately or together. However, the voting tally had already been taken on the counts in question, records show. When asked by the judge before the verdict was read in open court, all the jurors said they agreed with the verdict, the World has reported. Wyatt stated that prosecutors presented erroneous or unfair information in regard to cell-tower data and the location of Henderson’s phone on the day that Crawford’s home was under surveillance, Wyatt wrote. An FBI agent testified that Henderson’s cell phone was not in Crawford’s vicinity on the day of the surveillance. Wyatt wrote: “The testimony of the final witness on rebuttal left an unfair impression that Jeff Henderson was not at the residence on South Phoenix on January 5 and 6 when he claimed to be conducting surveillance. It is now believed that based on the limited cell tower data produced by the rebuttal witness that the FBI agent could not state with any degree of certainty that Mr. Henderson was not located” in the 3600 block of South Phoenix Avenue on the dates and times as shown in the phone records.

Former Cop Back in Court

Martinez Back In Court Seeking Charges To Be Dropped
News 9, Oklahoma by Adrianna Iwasinski - August 31, 2011

OKLAHOMA CITY -- A former Oklahoma City police officer who had several charges against him dropped last week was back in court Wednesday. Maurice Martinez now only faces 12 of the 37 counts he originally was charged with, and his attorney is trying to get the judge to throw out the rest, saying they are baseless accusations. Most of the charges involve sex crimes against children--those children being some of Martinez's adopted and foster sons. Martinez strode into court to face the judge on the amended charges and to see if he would dismiss any of the other charges. His attorney is also trying to get the judge to consider their request for a bond to be set, now that most of the counts against Martinez have been dropped. "It is very frustrating for my client to be sitting in jail when we know these young men are willing to come to court and testify that nothing happened," said David Slane, one of Maurice Martinez's attorneys. Martinez is accused of sexually abusing four of his adopted sons and is a former foster parent of the year. One foster son testified he witnessed the sexual abuse of one of those adopted sons. But the original accuser has recanted his story both on video and in court saying he made it up and that it never happened. His family continues to stand behind him. "He is innocent of all the charges," said Lisa Leeper, Martinez's older sister. "We stand by him and continue to stand by him. I hope the judge decides to grant him bail and ultimately throw out the rest of the charges." A bond hearing has been set for Sept. 19th.

RELATED STORY:

More Than 20 Counts Against OKC Police Officer Accused of Molestation Dropped

News 9, Oklahoma by Adrianna Iwasinski - August 23, 2011

OKLAHOMA CITY -- Judge has ruled to drop more than 20 of the counts against former police officer Maurice Martinez, after the defense hammered away at much of the testimonies and evidence that were seized at the Martinez's home. On Tuesday, Martinez appeared to be much more confident and in better spirits as he walked into the court room. His family was also in court to show supports. Prosecutors have called a sex crime detective and two computer forensic experts to the Oklahoma City Police Department to talk about the graphics found on an I-phone and computer that were seized at the Martinez's home. But the defense team was calling into question whether the search warrant issued for that phone was even legal, since certain details were left off of the warrant. The defense also had plans to call its own set of witnesses, but it was denied by the judge. Those witnesses were going to be several of the adopted sons who were going to testify that Martinez did not molest them and nothing ever happened the way it was reported. "This should be a search for the truth," said David Slane, Martinez's attorney. "It shouldn't be not calling victims, never heard the police not call the victim in my 20 years I've never heard it." Despite the fact that judge has dropped more than 22 of the counts against Martinez, the judge has bond Martinez over for trial, So he will face at least one sexual crime against children count, one child pornography possession count, as well as one abuse of a care taker count. In light of the numerous charges being dropped, the defense says it plans to file a motion to have Martinez's bond reconsidered.

RELATED STORY:

Foster Child Of OKC Police Officer Accused Of Molestation Testifies
News 9, Oklahoma by Adrianna Iwasinski - August 22, 2011

UPDATE: OKLAHOMA CITY -- One of Maurice Martinez's former foster children took the stand at Monday morning's preliminary hearing. Martinez is the former Oklahoma City police officer who was also awarded a foster parent of the year award. He stands accused of molesting more than one of his adopted sons, and he faces more than 30 felony counts. During Monday's preliminary hearing, 22 year old Shadow Michael Billings told the court Martinez was like a father to him and that he provided the best foster home he'd ever had. But he did testify he witnessed Martinez performing oral sex on one of his adopted sons and that Martinez would often sleep naked with that teenage boy. Billings also testified Martinez would offer the boys massages and often cuddled with many of the boys and sometimes touched at looked at him and the other boys inappropriately. Billings admitted in court that Martinez had also touched him inappropriately. He admitted to be nervous in court and tried to avoid eye contact with Martinez. Martinez watched his former foster son intently and wrote several notes to his attorney during the hearing. "Mr. Martinez cannot believe what was happening in the court room, he cannot believe the lies that were been told," said David Slane, Martinez's attorney. "I think he's angry, I think he's frustrated, and one of the notes that he gave to me was ‘where in the world would this come from?'" Assistant District Attorney who was handling this case refused to comment at this time, but just before the court let out, News 9 was told that the adopted son who initially made the allegations against Martinez and prompted the police investigation now denies anything has ever happened to him.

Judge Tells Cops to Stop Harassing Women

After Panhandler Says Police Harassed Her, a Judge Tells Them to Stop
The New York Times by Colin Moynihan - August 29, 2011

On Fifth Avenue, somewhere between the University Club and Tiffany, Sojourner Hardeman sat before an empty storefront recently, displaying a cardboard sign that detailed her abilities as a typist and her familiarity with computer software. She advertised “very reasonable rates (expenses low),” adding, “all assistance appreciated.” Her presence amid the high rents of Fifth Avenue may have surprised some, but then, Ms. Hardeman, 42, possesses what amounts to a Do Not Harass card. After leaving a job last August and becoming homeless in September, Ms. Hardeman began panhandling on Fifth Avenue. One afternoon in March, she said, police officers arrested her there and detained her in a precinct station house before releasing her without charges. The arrest led to a lawsuit, filed in May in Federal District Court in Manhattan. The lawsuit has not been resolved, but she has already taken a small measure of victory.

On Aug. 12, a federal judge in Manhattan approved a stipulation between the City of New York and Ms. Hardeman: the city agreed not to arrest or issue a summons to her, unless there was probable cause that she had broken the law. In addition, the city agreed that it would instruct officers in the Midtown North Precinct on the definition of the disorderly conduct statute by Sept. 15. The stipulation came after Ms. Hardeman complained to the judge that she had been harassed several times by police officers after she filed the lawsuit. Although it is a matter of standard law that no person should be arrested without probable cause, the fact that Ms. Hardeman managed to secure a judge-approved stipulation was something of a feat. Ms. Hardeman referred to her style of solicitation as “passive panhandling,” involving little more than sitting quietly and letting her cardboard sign do the talking for her. “I never broke the law,” she said, describing her time on Fifth Avenue. There is a law against aggressive panhandling, but Ms. Hardeman’s lawyer, David B. Rankin, said other ways of asking for money were “clearly constitutionally protected.” The lawsuit stemmed from an encounter in late March. Ms. Hardeman said two officers asked her for identification. She told them she had none, and the officers arrested her. She was taken to the Midtown North Precinct station house, where she remained for about five hours until the police released her without filing charges, she said. Two months later, Ms. Hardeman filed a lawsuit asserting that the arresting officers had violated her 4th and 14th Amendment rights. Two days later, court papers said, a police sergeant called her on her cellphone asking to discuss the case. Ms. Hardeman said she referred the sergeant to her lawyer.

According to Ms. Hardeman’s complaint, officers approached her four times in July and ordered her to leave the spot in front of the empty storefront, at one point, saying: “You can’t be here. This is Fifth Avenue.” Each time, Ms. Hardeman said, she refused to leave. On one occasion, officers handed her a disorderly conduct summons, saying she was blocking pedestrians. On another occasion, she said, officers briefly handcuffed her and placed her in the back of a police car before issuing another disorderly conduct summons. “Midtown sidewalks are high-volume arteries, and blocking pedestrian traffic can cause safety issues,” Philip Frank, assistant corporation counsel at the city’s Law Department, said in a statement. “The stipulation simply indicates that Ms. Hardeman will not be arrested without probable cause. That’s the law for everyone.” Ms. Hardeman denied that she had blocked pedestrians, saying that the recessed area she sits in is 20 inches deep and that she takes up only 10 inches of a 16-foot-wide sidewalk. Sam J. Miller, the lead organizer with an advocacy group, Picture the Homeless, said he had heard many complaints from homeless people, accusing the police of arbitrarily issuing them disorderly conduct summonses. “We have found hundreds of incidents of the police using disorderly conduct wrongly against homeless folks,” Mr. Miller said, adding that many of those charges were later dismissed or could not be substantiated. Ms. Hardeman said she had been homeless off again on again for about 20 years. She said she quit a job as an assistant at a law firm last August, hoping to find something more fulfilling. A month later, she said, she lost a rented room in the South Bronx. For a while, she worked in Times Square, selling tickets to a comedy club. Then, in March, her resources and stamina depleted, she arrived on Fifth Avenue with a plastic milk crate and her sign. On a good day there, she said, she can collect enough for necessities: a MetroCard, a rented storage space, the phone bill and some food. Ms. Hardeman said she did not relish the disagreements with the police. But, she added, after losing her home in the Bronx, she was unwilling to walk away from her post on Fifth Avenue. “I’m not planning for this to be a career,” she said as she sat on her crate, watching the passers-by. “I’m just trying to meet expenses.”

Cop Arrested During Sex Sting

Phoenix Police Officer Accused of Soliciting for Sex
KSAZ Fox 10 - KUTP My45 - MyFoxPhoenix.com - August 29, 2011

EL PASO, Texas - A Phoenix Police officer has been arrested in El Paso, Texas. The officer was busted during a prostitution sting. Officer Sheldon Czegledi is accused of trying to pay an undercover deputy for sex on Friday night. El Paso County Sheriff's deputies say Czegledi tried to pay an undercover deputy $45 for sex. That undercover deputy was walking down the street when she claims Czegledi drove up to her and agreed to meet her at a motel. At the motel, he allegedly gave her a $5 deposit for sex, and then left to go to an ATM. He was pulled over on his way. According to El Paso sheriff's deputies, he pleaded with them to let him go, that his wife would leave him, and that he'd lose his job. He then allegedly asked to speak to a supervisor and revealed he was an off-duty Phoenix Police officer. Czegledi has worked for the Phoenix Police Department for 14 years. He's currently a patrol officer for the central city precinct. The Phoenix Police department has since launched an internal investigation. They just found out about the arrest Monday afternoon -- so no decision yet on whether Czegledi will be placed on leave or desk duty. Authorities in El Paso will handle the criminal part of the investigation. Czegledi was one of 17 people arrested during the sting. He posted a $300 bond and it's not clear when his next court date will be.

Police Chief Accused of Retaliation in On-Duty Drunk Cop Probe

New Castle lieutenant: Police chief took his post in retaliation for probe of drunk cop
The Journal News by Elizabeth Ganga - August 27, 2011

NEW CASTLE, NY — A police lieutenant is accusing Police Chief Charles Ferry of stripping him of command over the internal affairs and patrol divisions of the New Castle Police Department after he investigated a sergeant who came to work drunk and was driving around town in a marked police car. Lt. Marc Simmons filed a legal challenge against the town in June in state Supreme Court asking a judge to restore him to his former positions and directing the town to refer the sergeant's case to the district attorney or attorney general for investigation. The lawsuit alleges that on Nov. 11 on-duty police officers told Simmons that a sergeant had reported for work "in an intoxicated state, and that the Sergeant was driving himself around New Castle in an official NCPD radio motor patrol car." Other subordinate officers tried to stop the sergeant, who is not named in Simmons' petition, from going on patrol, the court papers say, but he stayed out until ordered back to headquarters by Simmons. As head of internal affairs, Simmons investigated the incident and filed a report Dec. 14, the papers say. On Dec. 23, Simmons found that he had been locked out of the Personnel Investigations section of the police computer system and was told he was no longer head of internal affairs. Ferry had taken over the job, the lawsuit says. On Jan. 11, the papers say, Ferry removed Simmons as head of the patrol division. Simmons claims the reduction in his position in the department was retaliation for reporting the sergeant. There are seven patrol sergeants and one detective sergeant in the 46-member department. New Castle, which is being represented by Hodges Walsh & Slater, has asked the court to dismiss the lawsuit, arguing that Simmons was never head of internal affairs but only one officer the chief assigned cases to. The town's attorneys also argued that Simmons did not file a union grievance as required before turning to the court and that he wasn't demoted but simply reassigned from the command of the patrol division to special services. "The chief has to be allowed to make personnel moves," said John Walsh, who is representing the town. Also, according to papers filed by the town based on Ferry's explanation of events, Simmons determined the officer was not intoxicated and allowed the sergeant to drive home. The sergeant was disciplined within the department through a stipulation of settlement and letter of reprimand. A decision on the motion to dismiss is expected in September. Ferry could not be reached Friday. Simmons and his lawyer, Craig Penn, did not return calls seeking comment.

TSA Employee Charged With Lewdness Involving Minor

DA charges Spring Creek man with lewdness
The Elko Daily Free Press by Jared DuBach - August 26, 2011

SPRING CREEK, NV — A city officer arrested a Spring Creek man Wednesday morning at the Elko Area Regional Airport, where he works for the Transportation Security Administration, on a warrant charging six counts of lewdness with a child. The Elko County Sheriff’s Office was notified in July of possible sexual contact between David Ralph Anderson, 61, and a girl younger than 14. According to Elko Justice Court records, the victim told investigators that on seven to 10 occasions between 2010 and this year, Anderson allegedly taught the victim about various sexual acts and had sexual contact in the form of touching each other’s genitals. Investigators reported Anderson also told the girl to sleep in his bed and taught her to say various vulgar words associated with body parts and sexual activities. In addition, the girl stated he would rub lotion all over her body, placed his hand up her shirt to touch her breasts, had her watch pornographic films with him, encouraged her to consume alcohol and would French kiss her. Deputy District Attorney Tyler Ingram submitted a warrant request to Elko Justice of the Peace Al Kacin on Aug. 23, which was granted along with an objection to any reduction of bail. Anderson, who is a TSA employee according to Elko County Jail records, is being held on $250,000 bail.

Ex-Cop Sees Dead Wife's Family in Court

Ex-cop Coello's court appearance brings outbursts from slain wife Adovasio's family
The Journal News by Rebecca Baker - August 27, 2011

NEW YORK — Eddy Coello was only in court for a few minutes Friday, but his appearance was an emotional one for the family of his wife, whom he is accused of killing. Tina Adovasio's former mother-in-law wept when Coello was brought out, handcuffed in an orange jumpsuit from the Department of Corrections. Another female family member yelled "Coward!" as he was escorted out of the courtroom. Coello, an ex-New York City police officer, showed no emotion at the outburst, or any part of his brief appearance in the Bronx County courthouse, where Coello's lawyer and a prosecutor updated the judge on their progress of exchanging evidence and information, known in legal terms as discovery. Judge Miriam Best set his next court appearance for Oct. 26. Coello, 38, is charged with second-degree murder. He is accused of killing Adovasio in the Bronx, where they lived, and dumping her badly beaten body in the woods near the Mohansic Golf Course, off the Taconic State Parkway in Yorktown. Adovasio was divorcing Coello. Her family said he had repeatedly abused her. Coello left the NYPD in 2000 while being investigated for domestic violence with another woman. Prosecutors have said physical evidence, surveillance video and Coello's own words would show that he strangled his wife late March 11 or early March 12, carried away her body and then dumped it in Yorktown. Adovasio, 40, worked as a maternity nurse at Sound Shore Medical Center. She had four children, including a 5-year-old daughter with Coello. The girl is living with Adovasio's parents in Dutchess County. Her other children, ages 11, 15 and 16, are living with their father.

Former Weathercaster Says Cops Duped Her Into False Confession

Former weathercaster Heidi Jones charges she was duped into false confession in Central Park assault
The New York Daily News by Melissa Grace - August 25, 2011

Former WABC-TV weather gal Heidi Jones has filed new court papers that say she was duped into falsely confessing that she faked an assault in Central Park. Cops promised Jones that if she signed a statement, her bosses wouldn't find out and her career would be saved, defense lawyer Paul Callan charged Thursday. Callan is trying to get a judge to toss misdemeanor charges against Jones. The lawyer wrote in the court filing that police also said they would make her claim that she was attacked by a "Hispanic" man last fall disappear. "[She was] advised that if she would just sign a confession incorporating the specific words and ideas of the lead detective, he would make sure that the 'confession' would never be seen by anyone other than his 'bosses' at [the] NYPD, and possibly the District Attorney's Office," Callan wrote. Callan said cops told Jones eight out of 10 sex-crime allegations turn out to be false or are not prosecutable, but none of the accusers are ever charged.

Charged Rapist Cop Investigated For Being Serial Rapist

NYPD investigating whether Officer Michael Pena, charged in teacher's rape, is a serial rapist
The New York Daily News by Bob Kappstatter - August 25, 2011

The NYPD is investigating whether a cop busted for allegedly attacking a school teacher in upper Manhattan last week is a serial rapist. Police Commissioner Raymond Kelly made the startling disclosure Thursday when asked about Officer Michael Pena. "Investigators have picked out some [cases] that they think have the potential of having been perpetrated by this individual," Kelly said. Police released few details on the other attacks, saying only that they happened during the three years Pena has been on the force. Kelly didn't say where the other unsolved sex assaults occurred. Prosecutors said Pena, 27, was drunk about 6:45 a.m. on Aug. 19 when he approached a woman and asked her for directions. They said the off-duty cop showed the 25-year-old Bronx teacher his department-issued 9-mm handgun. "You're coming with me," he told the woman, according to police sources. The woman was dragged behind a building in Inwood and raped, police said. Officers from the 34th Precinct said they arrived to find the cop and the woman dressed, his gun on the ground. Pena, held on $500,000 bail, was indicted Wednesday. Assigned to the 33rd Precinct, the three-year cop has been suspended from the NYPD. Since the arrest, investigators have been checking DNA and police sketches for possible connections to other rapes. Kelly called the rape "a very, very disturbing case," and said the department has also been scrutinizing Pena's department records and his screening process. "I met with psychologists, the head of applicant processing - everyone that was involved with his coming into the department," Kelly said. "We found nothing remarkable, nothing exceptional in his background, that in hindsight should have been done." Kelly said it was "very disturbing that anyone with that tendency, or that potential, that capability at all, is a member of the New York City Police Department." rkappstatter@nydailynews.com

Border Lawmen Lured To Dark Side By Cartels

Border lawmen lured to dark side by cartels
The Houston Chronicle by Dane Schiller - August 19, 2011

Nine South Texas lawmen have been charged or sent to prison in the past 16 months for using their badges to sneak drugs or guns through the U.S.-Mexico border region from Laredo to Brownsville. Two are brothers. Another recruited an officer he has known since fifth grade. And a former McAllen policeman was finally sent to a federal penitentiary in December after escaping five years ago from the East Hidalgo Detention Center. The lawmen's downfalls, an indication of growing corruption prosecutions, are all linked to Mexico's lucrative drug cartels, which long have sought to infiltrate not only federal border guards but local officers patrolling U.S. towns along the Rio Grande. "I thought we knew these people like the back of our hand," said Laredo police investigator Joe Baeza. "But then again, if you look at the back of your hand every five years, it changes." Laredo officer Orlando Hale hyperventilated when federal agents showed him photographs of him meeting with a supposed cocaine trafficker he aided by escorting loads through the city, court records show. So began a nightmare for Hale, whose parents are law-enforcement veterans. He was convicted by a jury and got 24 years. Others who got busted include police officers, deputies and constables, as well as one high-ranking official, Sullivan City's police chief. None of the corruption cases appears to involve the classic cartel threat of offering "silver or lead," the practice of demanding the target "take our money and live, or turn us down and die." The tactic has devoured police departments in Mexico. Instead, interviews and court records and testimony show the South Texas cases often involve one officer at a time pulled to the dark side by friends, family or associates offering quick cash. "If you are a local person, you are going to have friends and relatives in the community and know people on both sides of the border," said Steve McCraw, head of the Texas Department of Public Safety. "They are going to know someone, who knows someone, and take a shot." "Once they have crossed that line, there is no sympathy," said McCraw, an El Paso native. Hale testified that agents lured him to a Laredo hotel with a bogus burglary call, then said they knew what he'd done. "They kept on telling me multiple times that I wasn't going to see my kids or my wife for life," Hale said, according to a transcript.

Stings keep working

Hale, 28, is to be released from prison in 2032. He claims he was set up by fellow officer Pedro Martinez III, whom he knew since childhood. Martinez testified against Hale as part of a plea deal and got six years. Martinez's father, who died in a suspicious suicide, was apparently a drug dealer who lured his son into the business. Martinez drove his squad car to escort what he thought was 44 pounds of cocaine. The drugs were a sham. The dealers were federal agents and government informants running a sting. Such tricks have worked repeatedly. Pharr police officer Jaime Beas was busted for using his vehicle to escort a load of cocaine and for his involvement in a scheme to ship a grenade, semiautomatic rifles and body armor to Mexico. Authorities went after Beas when he was turned in by an uncle in the military who said he repeatedly was approached about equipment. Most recently, Webb County deputy constable Eduardo Garcia was indicted for allegedly taking bribes to help traffickers.

'Throwing around money'

Garcia is accused of protecting loads and using a police database to check the license plate numbers of suspicious vehicles to determine whether they belonged to law enforcement agencies spying on the traffickers. Like most officers charged, Garcia is not accused of pocketing a fortune. If anything, he sold his badge cheaply. He supposedly checked a license plate for $200 and transported cocaine for $500. Garcia's lawyer could not be reached for comment. Tim Braaten, head of the Texas Commission on Law Enforcement Officers Standards, said bribe-takers ultimately expose themselves. "It is usually women, cars, booze, gold and clothes. You'll see it," Braaten said. "You see them throwing around money they didn't previously have." Francisco Meza Rojas, who escaped from the Hidalgo jail, was accused of drug trafficking but fled to Mexico after he and five other inmates broke out with the help of a corrupt corrections officer, as well as using a homemade knife to overpower a guard. In December, Meza was sentenced to 27 years in prison without the possibility of parole. Teresa Hultz, head of the public corruption squad for the FBI's Houston Division, said going after law officers suspected of corruption is often more challenging than catching more traditional criminals. Corrupt officers are familiar with the techniques used to catch them, and there are plenty of supposed informants who come up with bogus information trying to smear reputations. "We don't take the allegations lightly, and we are very, very careful in how we handle them," Hultz said. "You get a drop in your stomach when you know it is true." dane.schiller@chron.com

More Allegations of Police Captain Misconduct

Lawsuits Produce More Allegations Of Misconduct By New Britain Police Captain
The Hartford Courant by Don Stacom - August 24, 2011

Woman Says He Repeatedly Had Sex With Her While On Duty

NEW BRITAIN, CT — In a deposition taken in a sexual harassment lawsuit against the city police, a woman claims that about 15 years ago a police officer — now a top commander — frequently had sex with her while he was on duty. In the deposition, Michelle Drenski claims that Anthony Paventi, who was a patrol officer at the time, met her for consensual sex while on duty and in uniform, sometimes showing up in a marked patrol car. Paventi, now a captain, could not be reached for comment Tuesday. In previous court documents, the city has denied any harassment by police commanders. Drenski, of New Britain, acknowledged that the relationship was consensual and that she never lodged any complaint with police or city officials at the time. She said she came forward with the story after reading that several current or former female police officers are pursuing federal lawsuits against Paventi and other commanders alleging sexual harassment and discrimination. Paventi, one of the top four commanders in the 140-member department, heads the professional standards division and oversees internal affairs complaints.

In the deposition taken Aug. 2, Drenski said Paventi asked her for a date after she met him at police headquarters 14 or 15 years ago. She said that over the next few months they had sex at several locations when Paventi was on duty, including on the hood of a patrol car at Martha Hart Park and in the bathroom of Holy Cross School when Paventi was working at the school carnival. She said she broke up with him when he tried to take her to a Berlin Turnpike motel with a second woman. During the deposition, Assistant Corporation Counsel Irena Urbaniak asked Drenski if she'd be willing to tell her story to police internal affairs investigators. Chief William Gagliardi on Tuesday did not return a call to answer whether police are looking into Drenski's accusations or who would handle the investigation. Typically Paventi would be in charge of such cases. One of the plaintiffs in the sexual harassment lawsuit, veteran Officer Paula Keller, said that Paventi sent unwelcome "personal" text messages two years ago, and that she was passed over for special assignments after rejecting his advances. She has also accused Gagliardi and Capt. Dennis Beatty, the patrol division commander, of violating New Britain's "zero-tolerance" sex harassment policy by refusing to investigate or discipline Paventi. Some police officers have said the department's command staff has allowed a culture of bias, sexual harassment and favoritism by supervisors who target out-of-favor officers for discipline while covering for friends. Mayor Timothy Stewart has said that's not true. Keller's attorney, Kelly Rommel, said Drenski's story indicates a pattern of behavior by Paventi, but didn't elaborate. Rommel, a partner of attorney Norm Pattis, represents all four female plaintiffs and a patrol sergeant in their suits against the city and police department. dstacom@courant.com

Rape Cop Says He's Targeted By Angry DA

Cop accused of rape says he is being targeted because jury acquitted officers in high-profile case
The New York Daily News by Jennifer H. Cunningham - August 22, 2011

Officer Michael Pena is accused of pointing his department-issued 9-mm. at a 25-year-old Bronx school teacher while off duty Friday morning and raping her behind an Inwood apartment building. The cop arrested for raping a woman at gunpoint fears the Manhattan District Attorney will throw the book at him because a jury acquitted two other cops accused of rape earlier this year. "The DA is arresting cops, indicting cops," Michael Pena told the Daily News on Sunday from a glass-enclosed pen in the visiting room at Rikers Island. "They're trying to make an example out of me." Pena, who wore a gray jail jumpsuit and five o'clock shadow, would not directly address the charges against him, saying his lawyer told him not to comment on specifics of the case. "There's a lot I want to say about this," he said. "Eventually, the truth will come out." He added, "Everything's not black and white. There are shades of gray." Pena, 27, is accused of pointing his department-issued 9-mm. at a 25-year-old Bronx school teacher while off duty Friday morning and raping her behind an Inwood apartment building. He is being held on $1 million bond. Pena said his personal and professional career were "picture perfect" prior to the rape charge. The patrolman said he comes from a decent family, had never been in trouble before and dreamed of moving up the ranks of the NYPD. "Everything was fine - perfect - before that day," Pena said. He teared up when he spoke of how the allegations and media attention have embarrassed his family, his friends and co-workers. "It's unfortunate," he said. Pena said he'd been at Rikers since Saturday night. He said "I'm all right" when asked how he was coping in jail. He said he has not seen the newspaper or TV reports about the alleged assault. Pena said he told his lawyer everything, as well as representatives from Internal Affairs. The cop's father, Persios Pena, insisted his son had been framed. "The only thing I know is my son is innocent," he said through the door of his central Harlem apartment. "I know my son is a very wonderful man. The truth will come out. I know that 100%. He's not that kind of person." In May, NYPD officers Franklin Mata and Kenneth Moreno were acquitted of charges they raped a drunk woman in her East Village apartment, despite evidence they entered her apartment four times in one night. It was a black eye for new Manhattan District Attorney Cyrus Vance Jr., who faces new embarrassment Monday when he may be forced to drop high-profile rape charges against former International Monetary Fund chief Dominique Strauss-Kahn. jcunningham@nydailynews.com

Cop Tickets 215 Phantom Motorists

Officer Tickets 215 Phantom Motorists For Seatbelt Violation
TheCarConnection.com - August 20, 2011

Across the U.S., in every state in the union (except New Hampshire), hundreds of drivers are ticketed each day for not wearing their seatbelts. In New Orleans, however, at least 215 of those tickets have gone to "phantom motorists", allowing one enterprising police officer to nab some extra pay.

A little backstory - In June, the New Orleans Police Department received a federal grant that provides overtime pay to officers who help enforce seatbelt laws. Police salaries being what they are, the grant drew the attention of many officers, including one Glenn Gross. Gross apparently issued the 215 tickets to "phantom motorists" in three months since the grant funds were awarded. Details of how he accomplished that feat haven't been released, but since he works in the department's information technology division -- or did, until he was arrested yesterday -- it sounds as if he could have created them from the relative comfort of his desk. Eventually, one of Gross' supervisors became suspicious and reported him to the Public Integrity Bureau, which conducted an investigation.

From a New Orleans perspective - I've lived in New Orleans for most of my life, and the NOPD has always seemed to be in some kind of hot water, usually over allegations of corruption. We saw that play out on the world stage almost six years ago, in the immediate aftermath of Hurricane Katrina, when certain officers pilfered Cadillacs from a local dealer -- and, more brutally, in the high-profile killings of civilians on the Danziger Bridge during that same period. In 2010, however, we elected Mitch Landrieu as our mayor. Despite the fact that he comes from a long line of politicians -- his father, Moon, was mayor of New Orleans in the 1970s, and his sister, Mary, is a U.S. Senator -- Mitch is a reformer. He's definitely cut from different cloth than any other mayor in recent history, and he seems hellbent on transparency and efficiency. He and his new police superintendent, Ronald Serpas, have taken heat for this and that, but no more so than any other politician. That's not an attempt to excuse the actions of officer Gross (a 22-year veteran on the force) or his fellow officers who committed crimes in the wake of Katrina. It's only to say that, while there are still plenty of folks out there looking to make an extra buck -- in every field and industry -- there seems to be a push here and elsewhere to clean up things. Now, buckle up, and watch out for phantom motorists.

NYPD Officer From Yonkers Accused of Rape

NYPD Officer From Yonkers Accused of Rape

The Associated Press - August 21, 2011

NEW YORK — An off-duty New York City police officer accused of raping a teacher is being held on bail of $500,000 cash or $1 million bond. Officer Michael Pena, who the New York Times said lives in Yonkers, was arraigned Saturday in Manhattan Criminal Court on charges of first-degree rape, criminal sexual act and predatory sexual assault. His defense attorney could not immediately be reached by telephone. Pena is accused of grabbing the 25-year-old woman off a residential street, showing her a gun and raping her in a backyard. He was arrested Friday by officers after police say a witness saw through her window that something was happening in the backyard and called 911. Pena has been suspended without pay. He is an officer in the 33rd Precinct in Washington Heights. The alleged rape took place in the neighboring Inwood section.

Off-Duty Cop Arrested for Raping School Teacher

Off-duty NYPD cop arrested mid-crime, charged with raping school teacher at gunpoint
The New York Daily News by Kerry Wills, John Doyle and Rocco Parascandola - August 19, 2011

A drunken, off-duty cop threatened a teacher at gunpoint Friday, forced her into the backyard of an upper Manhattan building and raped her, cops said. "Be careful. He has a gun," the 25-year-old victim told officers who responded to a 911 call from a neighbor. Police confirmed that the suspect in the attack on the 25-year-old woman was Officer Michael Pena, 27, a 3-year NYPD veteran. Pena was charged with rape and immediately suspended without pay. A source said that he had an "unremarkable record" on the force, DNAinfo.com reports. The woman was heading to work when Officer Michael Pena stopped her about 6:15 a.m. on the street in Inwood, police said. The cop, reeking of booze and wearing a red shirt and casual clothes, asked for directions to the No. 1 train and demanded she show him the way, police said. When she balked, he put his arm around her, opened his jacket to display his 9-mm. handgun and led her away, sources said. "You're coming with me," he told the woman, said Deputy Commissioner Paul Browne, the NYPD's top spokesman. "She knew he had a gun. She saw it on his hip and later in his hand." Several blocks later, the assailant forced the woman down a driveway and behind a building on Park Terrace West, where he raped her, police said. A woman in a nearby building said she heard the attack and called 911 twice in 10 minutes. "The first time I suspected it was not consensual," she told the Daily News. "The second time because I saw a gun." She said the weapon dropped out of the suspect's pants and he bent over to pick it up. When cops showed up, the woman and Pena were clothed and standing up. His 9-mm. handgun was on the ground. "He raped me," she told police as she ran up to them. The officers tackled Pena, 27, who had his NYPD shield and ID card in his pocket. They comforted the woman, who wore a black dress, offering her a chair as she calmly recounted what happened, a witness said. She was treated at New York-Presbyterian Hospital Columbia. A three-year veteran assigned to the 33rd Precinct, Pena was charged with forcible rape and suspended without pay. He said nothing as he was led, head hung low, from the 34th Precinct stationhouse - clad in a Tyvek suit used to capture forensic evidence, such as hair. Even in a neighborhood where crime has spiked this year, Inwood residents were stunned. "It's just unbelievable," said Andre Lopes, 52. "It's like a little piece of paradise here, and then, to wake up to this scene - it's scary." State Sen. Andriano Espaillat, who lives on the block, said the rape is especially troubling because of other recent sex attacks in the area. With Rhema Thompson - rparascandola@nydailynews.com