The epidemic of mentally unstable cops in America: Asheville police officer charged with assaulting w...
The epidemic of mentally unstable cops in America: Asheville police officer charged with assaulting w...: Asheville police officer charged with assaulting woman Local media outlets report that 22-year-old Ethan Taylor Russell was arrested ...
Chicago Cop Indicted For Excessive Force In 2012 Arrest
CHICAGO (CBS) – A Chicago
police officer has been indicted on federal charges, accused of using excessive
force when he allegedly punched a man during an arrest in 2012, and kicked him
while he was handcuffed and lying on the floor face-down.
Aldo Brown, 37, has been
charged with one count of violating a victim’s civil rights, and two counts of
obstruction of justice. Brown, who has been an officer since 2002, has not yet
been scheduled for arraignment.
Federal prosecutors allege
Brown and another unnamed officer entered a convenience store on East 76th
Street on Sept. 27, 2012, and placed two people in handcuffs. After searching
the store, the unnamed officer allegedly removed the handcuffs from one man,
and Brown allegedly struck the man several times.
The victim was then handcuffed
again, and Brown pulled a gun from the man’s rear pants pocket, according to
prosecutors. Brown then allegedly kicked the man while he was lying on his
stomach, before Brown and his partner arrested the man.
Brown allegedly falsified a
“tactical response report” on the incident, claiming the victim actively
resisted, and fled from the officers, and did not indicate Brown punched or
kicked the victim.
Prosecutors allege Brown also
falsified an arrest report, by claiming he saw a gun in the victim’s poket
while interviewing him, then “conducted a [sic] emergency take down.”
The indictment alleges Brown
did not see the gun until after he had struck the man several times, and
handcuffed him twice.
The second officer was not
charged as part of the indictment.
Although the indictment does
not identify the second officer, or either of the men who were handcuffed at
the convenience store, two brothers sued Brown and Officer George Stacker in
October 2012, claiming the officers beat them during that arrest.
Jecque Howard and Paul Neal
said they were working in the store when the two officers came in and began handcuffing
people.
“I’m getting a gun pointed at
me and punched in my face and kicked in my ribs,” said Jecque Howard.
Howard said the officers never
even said why they were there. He said Officer George Stacker was the first to
approach him.
“He came to the front and said
‘you work here?’, and I said, ‘yes’. He said ‘well not after today, you’re
fired,’” explained Howard.
Howard’s brother, Paul Neal,
was working outside the South Shore shop for a government cell phone program at
the time.
Lawsuit claim: San Jose cop accused of rape sexually assaulted another woman just months earlier
By Tracey Kaplan
SAN JOSE -- The woman who
prosecutors contend was raped by an on-duty San Jose police officer has made an
explosive new accusation in a lawsuit, alleging that the cop had sexually
assaulted "at least one other woman" just months earlier.
The lawsuit further alleges
that the department knew or should have known about his conduct but failed to
make sure he was accompanied by a second officer "at all times."
Officer Geoffrey Graves' lawyer
did not respond to a request for comment. The woman's attorney also did not
respond to requests for more information to support the new accusations, which
are described only briefly in the lawsuit.
Earlier this year, Santa Clara
County prosecutors charged Graves with raping an undocumented woman in
September 2013, whom he first encountered during a disturbance call. The
criminal complaint also charges Graves with two counts of felony domestic
violence for allegedly injuring his then-girlfriend in incidents unrelated to
the alleged rape.
But Graves is not charged with
sexually assaulting anyone other than the alleged rape victim.
Assistant District Attorney
Terry Harman, who oversees the office's sexual crimes team, declined to comment
directly Tuesday on the new accusations, saying it is not the office's practice
to discuss civil lawsuits. But Harman did not rule out the possibility of
filing new charges, though she also stood by the existing complaint.
"We charged the
appropriate crimes based on the evidence known to us," Harman said.
Graves is free on $100,000 bail
and has been on paid administrative leave since March.
The lawsuit, filed earlier this
month, names Graves, the department and city. It seeks an unspecified amount of
punitive damages, as well as compensation for loss of earnings, medical costs
and attorney's fees, on the grounds that the officer committed sexual
assault/battery and violated the woman's civil rights, and the department and
city were negligent.
The San Jose City Attorney's
Office had objected to the filing, insisting that the alleged rape victim had
lost her right to sue because she had filed a financial claim against the city,
a mandatory prerequisite to a lawsuit, after the six-month deadline. City
Attorney Rick Doyle declined to comment on the contents of the lawsuit, but
said the office plans to defend the officer and the department.
But the woman's lawyer, Roger
Hecht, argued that his client, who is undocumented and speaks limited English,
was too traumatized after being sexually assaulted to file on time and was
misled by government officials about her legal rights. A Santa Clara County
Superior Court judge then waived the deadline, allowing the suit to proceed.
Graves faces up to eight years
in prison if he is convicted. However, experts say prosecutors could add a gun
enhancement because he was armed at the time of the alleged sexual assault,
potentially extending his maximum sentence to life in prison.
Contact Tracey Kaplan at
408-278-3482. Follow her atTwitter.com/tkaplanreport.
Police Advisory Commission calls for review of arbitration process in cases of dismissed cops
MORGAN ZALOT
AFTER A REVIEW of more than two
dozen cases of fired Philadelphia Police officers that showed the majority of
them were reinstated, the Police Advisory Commission yesterday called on the
city to examine the police arbitration process.
In its inquiry into 26 cases of
police officers fired between 2008 and last year for offenses ranging from
domestic incidents and retail theft to excessive force and on-duty
intoxication, the commission found that 19 of the cops were reinstated by
arbitrators, PAC executive director Kelvyn Anderson said during a news
conference last night at which the commission released its 2012-13 annual
report and announced its recommendation.
"Commissioner [Charles]
Ramsey, since he's been here in 2008, has fired on average probably 20 to 23
people every year," Anderson said. "A good number of those folks are
brought back to the department through the arbitration process, and what we've
tried to find out is why that occurs and what remedies there would be to that
process."
Anderson said the commission
extensively reviewed the controversial case of reinstated Lt. Jonathan Josey,
who was fired after he was captured on video striking a woman during a Puerto
Rican Day Parade after-party in North Philadelphia in September 2012.
They chose that case, Anderson
said, "primarily because it involved that elephant in the room for all of
us now, which is video."
The commission said it plans to
explore Pennsylvania's police-officer-certification system as a potential tool
to improve the disciplinary process for officers across the state.
Anderson blamed the issues with
the arbitration process partially on a lack of consistency in the way the
Police Department has meted out discipline.
"They'll hand out one type
of discipline to one officer, something else to another officer in a similar
situation. When an arbitrator sees that type of discrepancy, it's likely that
they're going to overturn that piece of discipline."
He added that when officers are
fired without a full investigation into the action in question - as he said the
commission believes happened in Josey's case - it paves the way for an
arbitrator to reinstate the officer.
"In any case . . . No. 1,
you need to be fair to the officers involved because the disciplinary process
depends upon fairness on all ends of the spectrum, to citizens certainly, and
absolutely to officers," Anderson said. "Clearly, if we're going to
take the step of taking an officer's job away, we need to do as thorough an
investigation as possible . . . so the outcome is appropriate."
The commission also touched on
a number of other issues in its annual report, including:
* Its ongoing attempts to
obtain full reports on police-involved shootings, which Anderson said the Police
Department has declined to provide citing an ongoing investigation by the
Department of Justice into the department's police discharges.
* A proactive review of
court-ordered custody exchanges of children that occur at police districts.
"If we take the right steps, we can prevent tragedy from occurring,"
Anderson said of the review.
* Data-driven oversight:
Anderson said the commission is working to combine data released by the Police
Department, including crime statistics, with complaints of officer misconduct
to analyze how the data sets relate.
The commission also included in
its annual report a comparison of its budget to those of police-oversight
agencies in other cities, including Washington, D.C., Chicago and New York -
all of which have budgets well above $1 million annually. Philadelphia's
current PAC budget is $282,387.
Commissioners said they support
a bill introduced by Councilman Curtis Jones that would establish a permanent
commission with an initial budget of $1 million, allowing more staffers and
investigators.
Suspended officer faces assault charge
TIMMINS - A suspended TPS
officer faces an assault charge following a domestic dispute.
During the morning of Nov. 17,
Timmins Police officers responded to a call regarding a domestic incident.
Reports indicated that a
physical altercation had occurred between the suspect and his partner during a
verbal dispute.
The suspect, a Timmins Police
officer, was arrested and charged with assault in relation to this incident.
At the time of the arrest, the
officer was under suspension in relation to previous criminal charges.
The officer was released on a
promise to appear in court. The court date is scheduled for Dec. 23.
The name of the officer cannot
released released by police to avoid identifying the victim.
Philly police suspend officer arrested for threats
The Philadelphia Police
Department has suspended a lieutenant after his arrest for allegedly
threatening the mother of his children.
Police say Lt. George Holcombe
struggled with officers responding to the incident Sunday in the city's
Holmesburg neighborhood.
The department on Monday
suspended the 42-year-old Holcombe for 30 days with the intent to dismiss. His
weapon was also taken.
Police say Holcombe, a 23-year
department veteran, threatened the woman during an argument while off-duty.
Secaucus cop charged with selling prescription steroid on eBay
By Michaelangelo Conte
A Secaucus police officer has
been charged with obtaining a steroid gel known as Androgel testosterone and
then selling the medication online on eBay, officials announced today.
"It's a dark day for the
Secaucus Police Department,” said acting Secaucus Police Chief John Cerny of
Friday’s arrest of Officer Michael Cucciniello, 43, on the charge of obtaining
a controlled dangerous substance by fraud.
"Police officers are sworn
to uphold laws," Cerny said. "They also have to abide by those very
same laws. Wrongdoing will not be tolerated. We owe that to the public who
entrusts us, as well as the men and women of this department who come to work
every single day and do their job the right way. The Secaucus Police Department
continues to remain committed to our community."
Investigators allege that
between Feb. 24, 2013 and Oct. 30, 2013, Cucciniello obtained the steroid and
sold it online, based on the probe by Hudson County Prosecutor's Office
Internal Affairs Unit in cooperation with the Secaucus Police Department,
Hudson County Assistant Prosecutor Gene Rubino said today.
Cucciniello was processed and
released on a summons complaint, which is common for third degree crimes,
Rubino said, adding that Cucciniello is scheduled to make his first court on
the charge on Friday in Central Judicial Processing court in Jersey City.
According to the FDA, Androgel
is a prescription medicine that contains testosterone and is used to treat
adult males who have low or no testosterone. Androgel is a controlled substance
because it contains testosterone that can be a target for people who abuse
prescription medicines. Selling or giving away this medicine may harm others
and is against the law.
Androgel has abuse and misuse
potential by athletes, bodybuilders, weight lifters, and young adults engaged
in sports, according to the FDA.
A third-degree charge carries a
possible sentence of three to five years in prison, although there is a
presumption of non-incarceration for first-time offenders.
Secaucus Mayor Mike Gonnelli
said Cucciniello has been suspended without pay and is being allowed to use
some of his comp time.
The medication was legally
prescribed to Cucciniello by a physician, Rubino said, adding that no one else
is being investigated in connection to the case.
Newton cop exposed himself to young male drivers during stops, complaint says
By Ben Horowitz
NEWTON — A Newton police
officer was arrested Monday on accusations that he unzipped his pants and
exposed himself to young male drivers during "numerous" traffic
stops.
Jason R. Miller, 37, of Hampton
Township, a patrolman since 2001, turned himself in at the Sussex County
Prosecutor's Office and has been indefinitely suspended without pay pending the
outcome of the criminal case, according to a statement issued by Sussex County
Prosecutor Francis Koch and Newton Police Chief Michael Richards.
Miller was charged with two
counts of official misconduct, one count of a pattern of official misconduct
and one count of lewdness, the statement said.
Miller would expose his
genitals to motorists "to satisfy his prurient interests" and then
let them leave without issuing traffic summonses, according to a police
complaint.
The incidents occurred between
March 18 and Oct. 23 of this year, the complaint says.
Superior Court Judge Thomas
Critchley set bail at $35,000 with a 10 percent option and the condition that
Miller surrender all firearms, the prosecutor's statement said. Miller posted
the bail, the statement added.
The statement said Newton
police received an anonymous tip on Oct. 23 reporting an allegation of
misconduct by Miller and then another anonymous message on Oct. 24.
Based on the information,
"an immediate investigation ensued" and following a review of patrol
car video recordings and interviews, Miller was suspended on Oct. 28, the
statement said.
An affidavit signed by Capt.
Donald Peter of the Sussex County Prosecutor's Office detailed what appeared to
be a pattern of behavior by Miller during several traffic stops.
The investigation took officers
back to March 18, when Miller stopped a 26-year-old male who was driving 16
miles per hour over the speed limit and acknowledged on an audio recording that
he had consumed alcohol, Peter said in his affidavit.
While Officer Miller was in his
patrol car and after his initial interaction with the man he stopped, "you
can hear what appears to be the sound of a zipper opening and/or closing,"
Peter said.
"Officer Miller did not
issue any motor vehicle summonses, nor investigate (the man) for driving while
intoxicated, despite the driver's admission to consuming alcohol and coming
directly from a bar," Peter said.
On Oct. 23, Miller stopped a
22-year-old male who was leaving O'Reilly's Pub sometime after midnight and the
young man noticed the officer's zipper was down and his genitals were exposed,
Peter said in his affidavit. The young man said Miller asked him several times
where he was going and where he lived, and that made him
"uncomfortable."
During a review of the video
recording of the interview, "it appears that Officer Miller's zipper is
open" and his genitals were visible, Peter said. The young man drove home
and was not issued a ticket, Peter said.
Miller's attorney, Anthony
Iacullo, said his client is innocent.
"Officer Miller is an
excellent officer who vehemently denies these allegations, as they are false
and baseless," Iacullo said in a statement. "We are confident that
when this matter is heard in a court of law, Mr. Miller will be exonerated of
all the charges."
HPD officer accused of sexually assaulting girl, 15, he met at restaurant
Matt Aufdenspring,Mark Boyle
HOUSTON -
A Houston police officer is
accused of raping an underage girl he met at a fast-food restaurant he
frequented.
Ruben Anthony Carrera is
charged with sexual assault of a child under 17. Court documents state Carrera
met the 15-year-old girl at a Chick-Fil-A restaurant, where he would go to eat
for free. A witness claimed to have seen Carrera hugging and kissing the girl
on multiple occasions at the restaurant.
According to court documents,
the girl told investigators that Carrera sexually assaulted her in her bedroom.
She said he stopped because he received a call over his radio. The girl said
Carrera was wearing his police uniform during the incident.
"He's been charged with
sexual assault of a child which is a second-degree felony," prosecutor
Tiffany Johnson said. "He's looking at two to 20 years in prison. Based on
the nature of the relationship with this complaintant, the DA's office believes
that there may be other victims out there. We would like for those victims to
contact the Houston Police Department."
Court documents state police
said Carrera admitted to knowing the girl was only 15 years old, admitted to
visiting her house multiple times and admitted to hugging and kissing her on
several occasions.
"I don't know why an
officer would be with a girl by herself," resident Jack Van Pelt said.
"I guess that'll be something that the courts will have to decide but it's
not a good thing."
Carrera, 27, is being held on
$50,000 bond.
HPD said Carrera is off the job
on paid administrative leave while the investigation continues.
Oklahoma cop charged with raping women while on duty
HEIDE BRANDES
OKLAHOMA CITY – An Oklahoma
City police officer accused of sexually assaulting 13 women while on duty will
face trial for 35 felony counts including rape and sexual assault, court
officials said on Wednesday.
If convicted, Daniel Holtzclaw,
27, could face life in prison. Holtzclaw, who is on paid leave, has denied the
allegations against him and remains under house arrest at his parents' home in
Enid, about 70 miles north of Oklahoma City.
At a pretrial hearing this
week, 13 women testified about being forced into sex with the officer, who
threatened many of them with jail. The charges include six counts of
first-degree rape.
"He was an officer. And I
was scared. And I knew he could hurt me," one woman said in court.
Another victim, aged 17, said
she was raped by Holtzclaw on the front porch of her mother's home. She
testified Holtzclaw picked her up while she walking home and threatened to
arrest her on outstanding warrants.
Holtzclaw, who had been on the
force for three years, was arrested in August and charged with assaulting eight
women. Other victims have came forward since then. Most of the incidents are
suspected of taking place between February and June.
Holtzclaw's next court date is
Jan. 21.
Austin cops suspended less than a week after joking about rape on dashcam video
BY JOSHUA FECHTER
The Austin Police Department
has apologized after a video posted to YouTube showed two of its officers
making rape jokes while in a patrol car. The May 24 video, posted on Oct. 30 by
Austin lawyer Drew Gibbs, who told Austin TV station KXAN he obtained the
footage via an open records request. In the dashcam video, officers are heard
saying that if they "ride out for a week, crime is gonna be on the run and
(expletive) non-existent. (Expletive) would get real for the bad guys. The
world would be at peace for a week." One officer then says, "Look at
the girl over there," before blowing a whistle. The second officer is
heard saying, "Go ahead and call the cops. They can't unrape you."
The Austin Police Department
has briefly suspended two officers shown in a video posted to YouTube making
rape jokes while in a patrol car.
Officers Mark Lyttle and
Michael Castillo have been suspended for three and five days, respectively, the
Austin American-Statesmanreported Wednesday. Each must participate in training
with a community group that works with victims of sexual assault, according to
the American-Statesman.
Following a disciplinary
hearing Wednesday, Austin Police Chief Art Acevedo said the department has
audited each contact the two officers have had with sexual assault victims and
that the officers have been empathetic and professional, according to the
American-Statesman.
However, Acevedo said the officers'
"cavalier attitude" and "gallows humor" is
"embarrassing, inappropriate and absolutely is not going to be tolerated
by this department," he said.
Can cell phones stop police brutality?
By Laura Ly, CNN
(CNN) -- Millions of people have now seen the
video.
Eric Garner, standing on a
sidewalk, asks the NYPD officers surrounding him, "What did I do? What did
I do?"
Garner, 43, raises both hands
in the air and tells the officers not to touch him.
Moments later, he's on the
ground while a plain-clothes officer places him in an apparent choke hold.
Garner gasps, "I can't
breathe, I can't breathe."
His words are muffled as his
face is pressed into the pavement.
By the end of the video, Garner
is lifeless on the Staten Island sidewalk.
The video went viral. Garner's
death sparked protests across the country, thrusting into the spotlight the
issue of police brutality on unarmed citizens. Citizens who, in increasing
numbers, have taken to arming themselves with their own kind of weapon -- their
cell phones.
"The police out here [are]
crazy. Nobody trusts them. So I decided to pull out my camera every time they
come over here," said Ramsey Orta, who filmed the July 17 incident on his
cell phone.
The Bureau of Justice Statistics
reports that acts of police forcehave not increased dramatically in recent
years. Their Police Public Contact Survey found that in 2008, only 1.4% of
those who reported contact with police had force used or threatened against
them, with no statistically significant increase since 2002.
What has changed is the
prevalence of cell phones equipped with cameras. Cell phone videos of alleged
police misconduct have proliferated online, flooding social media websites and
provoking questions about law enforcement behavior.
Luis Paulino's August 2012
beating by NYPD officers was captured on video and posted online. The video
shows officers throwing Paulino to the ground. Several officers punch him
repeatedly. According to Paulino, the officers started in on him after he saw
them violently beating another young black man on the sidewalk. In the
background, an unidentified male can be heard encouraging people to record what
was happening and yelling, "He didn't do nothing!"
For Paulino, the video proved
to be vindicating. He was initially charged with disorderly conduct, resisting
arrest and obstructing a government official, but all charges were dropped.
Without the video, "there
wouldn't have been anything but my word against 15 police officers,"
Paulino told journalist Soledad O'Brien.
Paulino has filed a lawsuit
against the city. The NYPD will not comment on the case, citing the legal
proceedings.
"When you are in public
spaces, where you have a right to be, you can photograph anything that is in
plain view," said Jay Stanley, a senior policy analyst for the American
Civil Liberties Union. Stanley's research focuses on technology-related privacy
and civil liberties issues.
The ACLU says that
photographing things that are plainly visible from public spaces is a "constitutional
right" and that this includes "federal buildings, transportation
facilities, and police and other government officials carrying out their
duties."
Law enforcement officials also
do not have the right to confiscate any video or photographs being taken, nor
can they ask to view it without a warrant.
"If you are not
interfering in any real way with legitimate police operations, they don't have
the right to interfere in any way," Stanley said.
Still, even with the perceived
ubiquity of cell phone videos showing alleged acts of police misconduct, it
seems that some errant officers aren't deterred by the cameras.
Stanley said he believes
authorities are simply still adjusting to the availability of new technology
and the knowledge that they may be recorded at any time.
"For police officers, it
can take a while to sink in [that they may be filmed]. As police officers do
take in that new reality, we may see a revolution in terms of a drastic
reduction in brutality. We may not, but it's too early to tell," he said.
Paul Callan, a CNN contributor
and former prosecutor, said he believes that drastic reduction has already
begun.
"I believe that the
existence of cell phone video and social media postings has substantially
reduced police brutality over the long run. Although the intensity of news
coverage of cases such as [George] Zimmerman and Michael Brown makes it feel
like there is more police brutality, my sense of the situation as a lawyer who
is in court several times a week is that the number of cases is
diminishing," Callan said.
Some police departments are
embracing camera technology and are even utilizing it to strengthen
transparency and accountability between their officers and the community.
Police departments in Rialto, California, and Mesa, Arizona, have implemented
body-camera programs for their officers.
The initiative seems to be
working. A 2014 study by the U.S. Department of Justice cites both departments,
noting an 88% reduction in citizen complaints and a 60% reduction in officer
use-of-force incidents after one year of camera deployment in Rialto. In Mesa,
there were 40% fewer complaints for officers with cameras and 75% fewer
use-of-force complaints overall.
On September 4, NYPD
Commissioner Bill Bratton announced that the police department would be testing
two types of body cameras that would allow officers to record audio and video
during their patrols.
"The NYPD is committed to
embracing new and emerging technology in order to continue to keep New York
City safe," Bratton said. "Having patrol officers wear body cameras
during this pilot demonstrates our commitment to transparency while it will
also allow us to review its effectiveness with the intention of expanding the
program."
The statement came less than a
week after it was announced that officers in Ferguson, Missouri, had adopted
the use of body cameras after the death of Michael Brown, an unarmed teen who
was fatally shot by an officer.
In New York, cameras will be
distributed to officers patrolling in precincts that reported the highest
number of "Stop, Question, and Frisk" encounters in 2012. The policy
-- in which police stop, question and frisk people they consider suspicious in
an effort to deter crime -- has been widely criticized for unfairly targeting
young, male minorities.
Police-community relations in
such precincts, with predominantly black and Latino residents, have been
tenuous. Police department figures showed that nearly nine out of 10 people
"stopped and frisked" in 2011 were African-American or Hispanic, though
New York Mayor Bill de Blasio has said 90% of those stopped were innocent.
In mid-November, the NYPD said
the body-camera program is still in the planning stages.
In the four months since
Garner's death, the New York Medical Examiner's Officer ruled it a homicide.
Officer Daniel Pantaleo, who is seen on the video choking Garner, was put on
modified assignment and stripped of his badge and gun amid the investigation,
the NYPD said.
In a statement, Patrolmen's
Benevolent Association President Patrick J. Lynch called Pantaleo's
reassignment "a completely unwarranted, knee-jerk reaction for political
reasons." He said the move "effectively pre-judges this case and
denies the officer the very benefit of a doubt that has long been part of the
social contract that allows police officers to face the risks of this difficult
and complex job."
Video shows trooper shooting
unarmed man
CNN's attempts to reach
Pantaleo for comment were unsuccessful.
A second police officer was
placed on desk duty. The NYPD also announced new mandatory training for
officers on the proper use of force when engaging a suspect.
Garner, a grandfather with six
children, had a lengthy criminal history, including more than 30 arrests, and
had previously been arrested for selling untaxed cigarettes in May. Police said
they initially approached him on July 17 because they believed he was selling
cigarettes illegally again.
The case is now in the hands of
Manhattan's district attorney. Citing the legal proceedings, Bratton declined
to comment further on the case.
In early October, Bratton spoke
to a conference of NYPD officers, publicly stating that there were "a
few" officers in the department who "just don't get it."
"They're not the right fit
for the NYPD in 2014. My intention going forward is to ensure that we will
aggressively seek to get those out of the department who should not be here.
The brutal, the corrupt, the racist, the incompetent," Bratton said.
Bratton told Soledad O'Brien
that policing is "a balancing act."
"How do you have the
appropriate level of policing to reduce crime, and prevent it, to reduce
disorder and prevent it, but do it in a way that the law-abiding in that
community don't feel they need to be fearful of the police?"
It's a balance that Paulino
wonders if the NYPD will ever achieve.
It has been two years since the
incident, but Paulino, a former college football player, still goes to physical
therapy every week to rehabilitate his injured shoulders.
"Every time I'm asked
about the incident, I close my eyes and I can see myself there again. I can see
myself on the floor getting punched, getting kneed and asking why?"
Paulino said.
"Every day I wake up and
I've got aches and pains in both my arms. I'll never be the same."
New York police officers plead
not guilty to assaulting Brooklyn teenager
Not so transparent
George Nilson
Plan to post police brutality
lawsuits online doesn't go far enough
A Baltimore City plan to create
an online database listing the outcome of civil lawsuits alleging police
brutality is being billed as a tool for making the department more transparent
after a Sun investigation this summer revealed the city has paid out nearly $6
million to settle plaintiffs' claims of misconduct by officers. Baltimore City
Solicitor George Nilson, who devised the new policy, said posting the
information online will dispel any impression the city is trying to hide
officers' misconduct from the public. But though the database clearly is a step
in the direction of reform, we have doubts that it will deliver sufficiently on
that promise.
The city frequently settles
complaints of police brutality out of court — typically by agreeing to pay only
a fraction of the damages alleged — rather than take such cases to trial. It
costs the city less to resolve cases through settlements and doesn't require it
to admit wrongdoing by officers. Moreover, settlement agreements routinely
contain so-called non-disclosure clauses, which prevent plaintiffs who receive
an award from talking about it publicly. Plaintiffs who violate that
restriction risk losing their monetary payment.
Mr. Nilson says the city will
consider changing the requirement that plaintiffs remain silent after a
settlement is reached, but there's no guarantee it will actually do so. The
most he's willing to offer is a review of "best practices" in other
cities to determine whether Baltimore's policy should change. That's not much
of a commitment.
Moreover, while lawsuits
against the police will be available online, the posts may not include details
about the specific instances of brutality or misconduct alleged. That's no
better than what we have now with the brief summaries currently given the
city's Board of Estimates, which must approve all payments larger than $25,000.
Critics charge that in the past such summaries have been used to hide the
nature and extent of alleged abuses, leaving the public and other city
officials in the dark about how widespread the problem is or whether the same
officers are responsible for multiple complaints of misconduct.
The more fundamental problem
with just posting lawsuits against police online is that such information
contains no independent findings of fact. That's because when city settles a
case it doesn't necessarily concede the truthfulness of the allegations. All
the public sees is that the city decided to resolve the case out of court
rather than take it to trial. But there's no way of knowing why it did so or
whether the outcome resulted in any disciplinary action being taken against the
officers involved. Posting complaints online may give the public an easier way
to tote up how much the city is paying out, but without an independent body to
investigate such complaints the public still won't know much more that it does
today about the nature of the abuses being litigated.
That's why if the police
department is to be truly transparent, the city must establish an independent
citizen review board with real powers to investigate complaints of police
misconduct and compel the department to discipline officers who abuse their
powers. New York City currently has such a panel, staffed by 100 civilian
investigators and other employers who can take citizen complaints, locate
witnesses and gather sworn testimony from officers implicated in misconduct.
It's a far more effective body than Baltimore's toothless citizen review panel,
which can't even begin its work until after the police department has finished
investigating itself.
What city residents want to see
is a recognition by top officials that police officers are accountable to the
public they serve, that no officer is above the law and that the department
stands ready to discipline the wrong-doers in its own ranks. The department
needs to show it can police itself before it can win the confidence of those it
is sworn to protect. Mr. Nilson's plan is a welcome reform as far as it goes,
but it doesn't do nearly enough to make the department truly transparent and
accountable.
US Cities (and Taxpayers) Paying Millions in Police Misconduct Settlements
By JIM AVILA and SERENA
MARSHALL
When a Chicago police officer
was caught brutally beating a female bartender in 2007, the city paid her
$850,000.
Another officer shot a man in
the back while he was on the ground and was later found to be unarmed. That
payout cost the city $4 million.
Now, police Cmdr. Glenn Evans
faces criminal charges for allegedly sticking a gun down the throat of a man he
mistakenly accused of hiding a gun.
"They took the gun, put it
down my throat,” alleged victim Ricky Williams said in a videotape provided by
his attorney. "The things that they did they should get punished
for."
Evans, a highly decorated
officer, has been the subject of more than 40 misconduct complaints.
None of the previous claims
have been proven, but Evans is now on desk duty awaiting trial. So far he has
cost taxpayers $300,000 in settlements.
And these expensive burdens on
taxpayers happen all over the nation.
6 Police Misconduct Settlements
Worth Millions
Alleged Police Misconduct
Caught on Tape
Ex-Reporter Sues After Alleged
Police Brutality Deleted Off Camera
In Philadelphia, more than $40
million in police misconduct settlements have been paid out in the last five
years. New York City paid out $428 million in the same period, according to
data obtained by MuckRock, an organization that advocates for open, transparent
government records.
A Baltimore Sun investigation
found the city had paid $11.5 million in the last four years. In Los Angeles,
the amount totaled $54 million for claims just in 2011.
In Chicago, where the city had
to float $100 million worth of bonds to help pay for police settlements related
to abuse, the Chicago Sun Times found the city had paid out $450 million in the
last decade with much of it due to repeat alleged abusers.
And many, like the commander,
are still on the job.
Evans was stripped of his
police duties and moved to a desk job, pending the outcome of criminal charges
that include two counts of aggravated battery and seven counts of official
misconduct, which are all felonies. Prosecutors in Chicago want to present
evidence of previous cases of misconduct against Evans in the current case.
"What it signals to me and
to most defense attorneys is their main case is weak, so they're trying to
bolster it with other stuff," said Evans' attorney, Laura Morask. ABC News
requested multiple times for an interview with the police superintendent, but
was denied.
When ABC News approached
Chicago Police Superintendent Garry McCarthy to question the refusal to sit
down for an interview, he replied: "Are you kidding me?"
He then walked away and would
not comment on why he had not only kept Evans on the job after the latest
criminal allegations of misconduct, but had even promoted him to district
commander in spite of the dozens of abuse allegations leveled at him while he
was still a lieutenant.
During a September news
conference, after allegations against Evans had surfaced, McCarthy had said:
"If the allegations are true, it's reprehensible."
"But Cmdr. Evans is
entitled to due process just like every other citizen in the United States of
America. I hope that that's kept in mind," McCarthy said.
"It's almost as if they
make an effort not to connect the dots, rather than turn the information they
have into knowledge that they could use to identify that relatively small
number (of officers) but still significant in their impact," said Jamie
Kalven, with the Invisible Institute, a Chicago-based journalistic production
that works to increase awareness of controversial issues.
"You have complaint after
complaint after complaint alleging behavior in the very pattern they were
ultimately convicted of -- and no action was taken," Kalven said.
"They don't connect the dots and then intervene."
The Chicago City Council
Finance Chairman Ed Burke, who approved the settlements, said he was frustrated
too.
"I've asked repeatedly
about why there has not been discipline meted out to some of these officers we
have spent large amounts. I don't know that I've had or that the members of the
council have been satisfied with the responses to those questions,” Burke told
ABC News.
In a statement to ABC News, the
Chicago Police Department said:
"Community policing and
fostering stronger relationships with residents and the communities we all
serve is the foundation of our policing philosophy. Over the last three years,
Chicago has made it a priority to improve trust and cooperation between the
Chicago Police Department and we have become a positive national and
international model for preventing police misconduct and investigating
allegations.
"As soon as we were made
aware of the charges Commander Evans was relieved of his police powers, pending
the outcome of this matter. We take the charges very seriously. The alleged
actions that led to Glenn Evans' arrest, if true, are deeply disturbing. They
have no place in our city and are not reflective of the actions and values of
the men and women who serve in the Police Department."
Officer who punched woman ‘used appropriate force’, suspended for vulgarity
A police officer who punched a
woman several times in the face during an arrest used “appropriate force,” an
investigation has ruled, but he has been suspended for using vulgar language.
An internal investigation into
the actions of Officer George Gothner in Superior, Wisconsin, during an arrest
on January 5 concluded the force he used against Natasha Lancour “was
reasonable and consistent with the policies of the department and the training
provided by the State of Wisconsin,” WDIO reports.
However, the Wisconsin
Department of Justice concluded that Gothner had not communicated appropriately
and used “vulgar and unprofessional language” when initially speaking to
Lancour, 29.
As a result, Gothner has been
handed a 10-hour unpaid suspension.
Dash cam video footage of the
altercation between Gothner and Lancour shows the pair exchanging words before
Gothner marches Lancour over to his car while she struggles.
After placing her face-down on
the hood, Lancour attempts to wriggle free, at which point Gothner punches her
as witnesses look on.
KDAL reports the investigation
found Gothner’s actions were appropriate “in response to resistance and to
Gothner’s perception that he was being assaulted.”
Last month, the Pioneer Press
reported that the Bayfield County district attorney had decided against
charging Gothner, and just days later a disorderly conduct charge against
Lancour was also dropped, FOX21 notes.
Gothner took five months’ paid
leave following the incident while the internal investigation progressed, and
returned to a desk job in July,according to WPR.
Now that the investigation is
over, he is expected back on full duty next week.
Harrisburg police officers suspended in connection with wild car chase
By Christine Vendel
Harrisburg police have
suspended several officers for allegedly violating department policy in a wild
car chase earlier this month.
City officials would not
identify the officers, confirm the number of officers or suspension days or say
what part of the department's pursuit policy was allegedly violated.
The city also declined to provide
a copy of the police department's pursuit policy, which outlines the
circumstances under which officers can chase vehicles. Such policies are
confidential under Pennsylvania law.
Other states, including New
Jersey, allow reporters and the public to access pursuit policies.
Sources told PennLive four
officers were suspended between two and five days each. Officers can appeal
their suspensions but it was unclear if the officers had filed appeals.
The Nov. 3 chase started
downtown after officers noticed the driver going the wrong way along Second
Street. He drove northbound on Front Street, then drove the wrong way across
the Harvey Taylor Memorial Bridge.
Because of the danger he posed
to other drivers, police chased him, Police Chief Tom Carter said the day after
the chase.
During the 15-minute chase, the
suspect hit or sideswiped at least three vehicles, including two Harrisburg
Police cars. One woman in a vehicle struck by the suspect suffered minor
injuries, police said.
The chase ended on North 32nd
Street, near Logan Street, in Camp Hill after the driver struck a curb,
disabling his vehicle. He was alone in the vehicle.
Police charged Curtis Howard
Wanner, of Womelsdorf, with 10 crimes including fleeing and eluding, reckless
driving, aggravated assault, resisting arrest, and driving the wrong way.
Police "always take into
account the safety of the public before chasing anyone," Carter said at
the time. "We tried to get him stopped several times. He was not paying
attention to our signals. We had to take some police action."
Investigators believe Wanner
was under the influence of drugs or alcohol.
Police department policies can
range from permissive, deferring to officer discretion, to restrictive, only
allowing officers to chase vehicles associated with a violent felony.
It's unclear where Harrisburg
stands because of the state law that mandates such policies "shall not be
made available to the general public."
While police departments have
different guidelines for police chases, many involve a requirement that the
initial officer ask a supervisor for permission to continue a pursuit.
In those situations,
supervisors weigh the seriousness of the offense against the danger posed to
the public. The supervisor will either grant approval or tell the officer to terminate
the chase.
The supervisor usually gets
updates throughout a chase and can decide to discontinue later if the danger
posed to the public seems to be increasing.
When making decisions,
supervisors will usually consider the following circumstances: vehicle speeds,
volume of traffic and pedestrians, weather conditions, time of day, road
conditions, familiarity with the area and whether the suspect is known and
could be arrested at later time.
Police agencies in Pennsylvania
are required by law to make a report of each police chase and provide the data
to the Pennsylvania State Police. The PSP is required to collect these reports,
analyze the data, and compile and publish an annual summary of the findings.
Harrisburg city officials on
Friday denied PennLive's Right to Know request for the report concerning the
Nov. 3 chase.
According to last year's annual
report of aggregated data:
• Seven people were killed in police pursuit crashes. All of
them were violators. The figure was down from 14 killed in 2012.
• 514 pursuits resulted in a total of 671 crashes with 203
of the pursuits resulting in injury to the violator, police, and/or uninvolved
persons.
• More than 69 percent of pursuits resulted in the
apprehension of one or more violators.
• Roughly 53 percent of chases were initiated because of
traffic violations, about 14 percent for felony crimes and 13 percent for
suspicions of driving under the influence.
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