The balls of an alley cat
Fired
cop asks judge to toss assault charge
Mark Richardson's
court motion filed under seal
By Kyle Stucker
SEABROOK — The defense
attorney for a former town officer facing a police brutality charge has filed
under seal a motion to dismiss the indictment against his client.
Mark Richardson, 39, of
West Newbury, Mass., is scheduled for trial in November on one count of
enhanced misdemeanor simple assault by an on-duty law enforcement officer.
Richardson is accused of slamming then-19-year-old Seabrook resident Michael
Bergeron Jr. head-first into a Seabrook police station wall on Nov. 11, 2009.
Attorney Peter Perroni's
motion is 15 pages long and raises "six legal issues," according to a
document filed in Rockingham Superior Court by prosecutor and Assistant
Attorney General Jay McCormack.
Details of Perroni's
motion aren't available, though, as the motion itself is under seal.
McCormack hasn't yet
filed a response to Perroni's motion. He has until Sept. 8 to do so because a
judge has extended the deadline on Aug. 21. When reached by phone, McCormack
said he "cannot speak to anything under seal," comment on whether the
state will file an objection, or comment on further aspects of the case.
Richardson allegedly
slammed Bergeron, now 23, face-first into the cell block wall after Bergeron
was arrested for driving while intoxicated on Nov. 11, 2009. The incident first
came to light on Jan. 6 of this year after Bergeron posted station surveillance
video of the incident on YouTube. Richardson is the only officer facing
criminal charges, although he and officer Adam Laurent were fired July 23 after
the completion of an independent internal affairs investigation into the
incident.
Laurent allegedly pepper
sprayed Bergeron while he was on the floor after Richardson slammed him into
the wall.
Officer Keith
Dietenhofer was present during the incident and was suspended for two days for
his failure to adequately report it.
John Wasson was demoted
from lieutenant to patrolman because he failed to report the incident to
superiors and failed to look into the matter when asked by the alleged victim's
mother. Wasson is fighting his demotion. Town Manager Bill Manzi denied his
grievance on Aug. 21, although Wasson has the option to appeal that decision
with the Board of Selectmen or go right to binding arbitration.
The cops have brought us to a new low on the international front
U.N.
urges U.S. to stop police brutality after Missouri shooting
Incident casts spotlight
on state of race relations in America
By Stephanie Nebehay, Reuters
Protesters call for a thorough
investigation of the shooting death of teen Michael Brown in Ferguson,
Missouri, on a street in front of the White House in Washington, August 28,
2014. (REUTERS/Larry Downing)
1
1
GENEVA
— The U.N. racism watchdog urged the United States on Friday to halt the
excessive use of force by police after the fatal shooting of an unarmed black
teenager by a white policeman touched off riots in Ferguson, Mo.
Minorities, particularly African Americans, are victims of
disparities, the U.N. Committee on the Elimination of Racial Discrimination
(CERD) said after examining the U.S. record.
“Racial and ethnic discrimination remains a serious and persistent
problem in all areas of life from de facto school segregation, access to health
care and housing,” Noureddine Amir, CERD committee vice chairman, told a news
briefing.
Teenager Michael Brown was shot dead by a white police officer on
Aug. 9, triggering violent protests that rocked Ferguson — a St. Louis suburb —
and shone a global spotlight on the state of race relations in America.
“The excessive use of force by law enforcement officials against
racial and ethnic minorities is an ongoing issue of concern and particularly in
light of the shooting of Michael Brown,” said Amir, an expert from Algeria.
“This is not an isolated event and illustrates a bigger problem in
the United States, such as racial bias among law enforcement officials, the
lack of proper implementation of rules and regulations governing the use of
force, and the inadequacy of training of law enforcement officials.”
The panel of 18 independent experts grilled a senior U.S.
delegation on Aug. 13 about what they said was persistent racial discrimination
against African-Americans and other minorities, including within the criminal
justice system.
U.S. Ambassador Keith Harper told the panel that his nation had
made “great strides toward eliminating racial discrimination” but conceded that
“we have much left to do”.
Ferguson Police Officer Darren Wilson, who shot Brown, has been
put on paid leave and is in hiding. A St. Louis County grand jury has begun
hearing evidence and the U.S. Justice Department has opened its own
investigation.
Police have said Brown struggled with Wilson when shot. But some
witnesses say Brown held up his hands and was surrendering when he was shot
multiple times in the head and chest.
‘STAND YOUR GROUND’ LAWS
In its conclusions issued on Friday, the U.N. panel said “Stand
Your Ground” Laws, a controversial self-defense statute in 22 U.S. states,
should be reviewed to “remove far-reaching immunity and ensure strict adherence
to principles of necessity and proportionality when deadly force is used for
self-defense”.
Ron Davis, father of Jordan Davis, a 17-year-old shot dead in a
car in Jacksonville, Florida during an argument over loud rap music in November
2012, attended the Geneva session. Sybrina Fulton, mother of Trayvon Martin, an
unarmed black teen killed in Miami, Florida by a neighborhood watch volunteer,
testified.
The U.N. panel monitors compliance with a treaty ratified by 177
countries including the United States.
“The Committee remains concerned at the practice of racial
profiling of racial or ethnic minorities by law enforcement officials,
including the Federal Bureau of Investigation (FBI), Transportation Security
Administration, border enforcement officials and local police,” it said, urging
investigations.
The experts called for addressing obstacles faced by minorities
and indigenous peoples to exercise their right to vote effectively. This was
due to restrictive voter identification laws, district gerrymandering and
state-level laws that disenfranchise people convicted of felonies, it said.
Jamil Dakwar of the American Civil Liberties Union (ACLU) said the
U.N. recommendations highlighted “shortcomings on racial equality that we are
seeing play out today on our streets, at our borders and in the voting booth.
“When it comes to human rights, the United States must practice at
home what it preaches abroad,” he said.
The cop crime wave continues
Police
oversight panel, in push to become more accessible, to hold meeting on Staten
Island Sept. 10
New York City Council to Hold
Oversight Hearing on Police Training Procedures
Waldo police lose oversight due to speed trap
Federal oversight of Detroit police to end in
2016
Oversight for police in big cities could on its way
Justice Dept. Inquiry to Focus on Practices of Police in
Ferguson
Four Police Brutality
Reforms to Focus On: A Libertarian Take
Newark police need a civilian review
board to probe complaints: Editorial
http://www.nj.com/opinion/index.ssf/2014/08/the_right_kind_of_oversight_for_newark_police_editorial.html
Suit claims police brutality at Ferguson
protests
Sheriff launches police misconduct
probe
How bad is it when lawyers think your slime?
National Bar Association seeks police misconduct records from St. Louis
and 24 other cities
Chattanooga Police Department probes officer's texts to rape
victim
New
trial date set for former Iowa officer charged with burglary, arson
http://www.omaha.com/news/crime/new-trial-date-set-for-former-iowa-officer-charged-with/article_a0c92bcc-346a-11e4-b71e-0017a43b2370.html
Miami Beach PD: Miami Officer Arrested On DUI
& Drug Charges
Louisville police officer charged with shoplifting from
Cabela's
http://www.bizjournals.com/louisville/blog/morning_call/2014/09/louisville-police-officer-charged-with-shoplifting.html
Waterford cop quit after suspension for arrest in gun-grabbing incident
Former officer
contends run for office triggered suspension in gun-grab case
By Brendan J.
Lyons
Updated 7:21 am,
Friday, September 5, 20
A former town
police officer who is running for public office quit his job last month after
being suspended by Waterford Public Safety Commissioner John Tanchak as
questions surfaced about the arrest of a man charged with trying to grab the
officer's gun.
Video of the
arrest was captured by a dashboard police camera that officials said showed the
incident didn't unfold as the officer and a witness claimed. The video has
prompted prosecutors to say they will dismiss the charge against the suspect,
while the witness, a local funeral home director, supports the officer's
account.
The former
officer, Jeremy W. Connors, 37, who is running for a Halfmoon Town Board seat,
said the witness signed a statement backing up his version of what unfolded.
Connors believes he was targeted for discipline, in part, because of
dissatisfaction by some town leaders with his decision to enter politics, and
without seeking their approval beforehand. Connors was a Waterford police
officer for nine years until his resignation following the Aug. 4 traffic stop.
"I have a
stellar reputation ... a stellar background in law enforcement," Connors
said. "I've been in law enforcement for 14 years and the guy came at me,
plain and simple. ... I felt his hand toward my right-waist side, which was my
gun side. That's when it became for real. It was not just a resisting arrest at
that point."
The motorist, Mark
J. Riley of Troy, was charged with attempted robbery, a felony, and resisting
arrest, a misdemeanor.
He was also issued
four tickets, including driving with a revoked registration and following too
closely.
Connors said he
pulled Riley over for tailgating another motorist, and the traffic stop
spiraled out of control when he went to handcuff Riley.
Attorneys for the
town, citing the ongoing criminal case, declined to release a copy of the
video.
But officials with
the Saratoga County district attorney's office said they will move to dismiss
the felony robbery charge, which related to the suspect's alleged grab at
Connors' gun, because of what they saw on the video.
"Based upon
our review of that, that information was turned over immediately to the defense
attorney, as soon as we got it, and we indicated that based upon that review we
believe it may be considered exculpatory evidence in favor of the
defendant," First Assistant District Attorney Karen A. Heggen said,
declining to elaborate because the case is pending. "I think the focus of
the prosecution is not going to be on the attempted robbery, but on the other
charges pending from that incident."
Waterford
Supervisor Jack Lawler said the town's decision to suspend Connors had nothing
to do with politics.
"Mr. Connors
was suspended for 30 days by Public Safety Commissioner John Tanchak and he
faced additional possible disciplinary action," Lawler said. "Mr.
Connors chose not to avail himself of his right to contest the suspension, or
to go forward and defend himself from the pending disciplinary action. Mr.
Connors instead chose to resign his position as a police officer in the town of
Waterford."
Tanchak, a former
Albany police officer, did not respond to a request for comment. He suspended
Connors last month after reviewing the video.
Lawler said he
also reviewed the video of the arrest but declined comment on what he saw,
adding it may become public when the criminal case is resolved. But Lawler
insisted that town leaders had known for months about Connors' candidacy in
Halfmoon and had no issue with it.
The supervisor
noted that both he and Connors are Republicans. Connors was endorsed by the
Halfmoon Republican Committee and filed nominating petitions two months ago to
be on the ballot in November.
"In fact, I
had wished him good luck in his political career," Lawler said, recounting
a brief conversation when he ran into Connors over the summer at a party.
"One has nothing to do with the other. ... He wasn't required to seek
permission. There was nothing in the contract that would have prevented him
from running for office. His employment has nothing to do, as far as we were
concerned, with his political aspirations."
Connors' version
of the arrest is backed by Walter J. DeWitt of Watervliet, who signed a written
statement indicating Riley, a burly construction worker, fought hard as the
officer tried to handcuff him and then tried to grab the officer's handgun,
according to court records. DeWitt, a funeral director, said that he pulled his
vehicle over and went to the officer's aid as he drove home from work along
Middletown Road.
"I thought he
had the officer's gun," DeWitt said. "I honestly believed that he was
going to murder the officer and then turn the gun on me."
DeWitt said Riley
"did a spin move" as Connors tried to handcuff him. "It was
definitely an attempt for him going after the gun, no doubt in my mind,"
Dewitt added. During the struggle, an ammunition clip on Connors' belt fell to
the ground and DeWitt said he picked it up for Connors after Riley was placed
in a patrol car.
Former Hoosick
Falls Police Chief Bob Whalen, who supervised Connors when he worked in that
department for several years prior to joining the Waterford force, supported
Connors. "I would trust him with my family's life.
"He's
probably one of the best officers I ever had working for me," Whalen said.
Riley's attorney,
Robert W. Pulsifer of Wilton, said his client has no violent criminal history
and the video supports Riley's version of the incident.
"There is
nothing on that video that shows any attempt to reach for a weapon,"
Pulsifer said. "This is a decent guy, and this is an unfortunate traffic
stop that maybe the police officer was a little too heavy-handed about."
The unaccountable death of John Geer
By Editorial Board
September 5
AT POINT-BLANK
range, a Fairfax County police officer a year ago fired one shot, killing an
unarmed man standing inside his home. The man, John Geer, was distraught and
had been drinking — his longtime girlfriend had moved out and called police
when he threw her things into the front yard — but he held no hostages,
brandished no weapons and, so far as we have learned, posed no serious threat
either to police or to public order. (Mr. Geer did own guns, which he
apparently told police.)
Shot in the chest,
he was left to bleed to death inside his doorway while police officers, remaining
outside the house, did nothing for an hour. Five and a half hours after the
shooting, his body remained sprawled on the floor where he died.
Incredibly, the
authorities in Northern Virginia — including Fairfax County police and state
and federal prosecutors — have refused to furnish any explanation for this
stupefying sequence of events last Aug. 29 in Springfield. They have
stonewalled.
Fairfax County
Police Chief Edwin C. Roessler Jr. promised to “hold myself accountable” to Mr.
Geer’s family, which includes two young daughters. He has done nothing of the
kind. No official information about the shooting has been forthcoming. The
officer who fired the shot, who remains on the force with full pay, has not
been identified.
The authorities
conduct themselves as if the case presented insurmountable complexities. This
strains credulity. It involved one shot, one gun, one shooter and one fatality.
It took place in broad daylight, at mid-afternoon. It was witnessed at close
range by at least two other police officers, as well as friends and neighbors
of Mr. Geer. And still authorities refuse to act or discuss Mr. Geer’s death.
Some witnesses
have spoken with The Post’s Tom Jackman, who has reported their accounts as
well as their mounting frustration at the official paralysis that has ensued
for more than 12 months.
At every juncture,
the authorities appear to have abdicated their duty of accountability, both to
Mr. Geer’s loved ones and to the public. Police took more than three months to
furnish reports on the shooting to state prosecutors in the Fairfax County
Commonwealth’s Attorney’s office. More than another month elapsed before the
chief prosecutor, Raymond F. Morrogh, citing unspecified conflicts of interest,
punted the case to the U.S. Attorney’s Office for the Eastern District of
Virginia, then stopped taking questions on the matter.
That was in
February. Since then, U.S. Attorney Dana J. Boente has refused even to
acknowledge that his office is looking into the case, although Justice
Department lawyers have interviewed witnesses.
On Tuesday, Mr.
Geer’s longtime partner, Maura Harrington, who is the mother of his two
daughters, sued the county police, the police chief and three unnamed officers,
alleging gross negligence. She seeks $12 million — in addition to some answers
that she and Mr. Geer’s other loved ones clearly deserve.
Will no one take
responsibility and make some decisions in the unexplained death of Mr. Geer?
More doped up, violent and dishonest cops
Cop arrested in Queens after
allegedly getting into fight with mechanic, refusing to pay
Cop's
girlfriend helped steal his guns during crack binge
http://www.floridatoday.com/story/news/local/2014/09/04/cops-girlfriend-helped-steal-guns-crack-binge/15096119/
Oklahoma policeman
accused of rape while on patrol released on bond
Former State Trooper
Accused Of Rape Was Subject Of Four Internal Affairs Investigations
Court docs: Indy police officer lied about sex with woman
http://thinkprogress.org/justice/2014/09/06/3564082/cop-who-allegedly-assaulted-7-black-women-released-from-jail/
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