Judge Throws Out Fairfax False-Arrest Lawsuit

May 20, 2001 Sunday



Correction Appended


Final Edition


Judge Throws Out Fairfax False-Arrest Lawsuit


BYLINE: Tom Jackman, Washington Post Staff Writer


SECTION: METRO; Pg. C03


LENGTH: 473 words






A federal judge in Alexandria has thrown out a lawsuit filed by a Reston man who was wrongly arrested by Fairfax County police on charges of indecent exposure, saying a detective's actions were "objectively reasonable."


After a man showed a photograph of himself naked to a lifeguard at a Reston health club in July 1999, Fairfax Detective Ricky Savage searched the home of James M. Brocco, 55, then arrested him. Fairfax police then issued a news release and photo of Brocco, and some newspapers printed stories about the arrest.


Brocco, however, hadn't been at the health club on the day of the incident. After the arrest, police said, Savage showed photos of Brocco and another club member, James A. Brokke, to the lifeguard, and he immediately picked Brokke. Court records show that the lifeguard gave Brokke's name and description to police from the start. Prosecutors dismissed the case against Brocco; Brokke later pleaded guilty.


Fairfax Police Chief J. Thomas Manger apologized to Brocco, who nonetheless filed a civil rights suit last October against Savage, the county and Savage's police supervisor. Brocco's attorneys later dropped the county and the supervisor from the suit. Savage's attorney sought the detective's dismissal, saying he was entitled to qualified immunity as a police officer.


On Friday, U.S. District Judge Albert V. Bryan Jr. granted the request. Bryan noted that government officials generally are shielded from liability unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Bryan noted that the names Brocco and Brokke are similar and that the health club had incorrectly provided Brocco's information to police.


"That the physical descriptions of the perpetrator and Mr. Brocco may have varied is not enough to make the actions of defendant Savage objectively unreasonable," Bryan wrote.


David Fudalah, Savage's attorney, said the detective was relieved by the ruling. Fudalah noted that security reports from the Fitness Club at the Hyatt Regency unambiguously named Brocco, not Brokke, as the suspect. He also noted Brocco refused to meet with Savage before his arrest. Brocco's attorneys said Savage wouldn't tell them why he wanted to meet with Brocco.


"Had he spoken with police, this may well have never occurred," Fudalah said.


Manger said: "Detective Savage based his actions on what he believed was credible information. The problem was the information he was given by several sources was wrong. Once we found out that information was wrong, we worked as quickly as we could to remedy that situation."


Brocco, who paid $ 38,000 in legal fees in his criminal case, declined to comment. His attorney, Victor M. Glasberg, said he and Brocco would meet next week to decide whether to appeal Bryan's ruling.






September 6, 1984, Thursday, Final EditionFairfax Chief Lashes FOP Fund-RaisersBYLINE: By Lee Hockstader, Washington Post Staff WriterFairfax County Police Chief Carroll D. Buracker yesterday accused a Fraternal Order of Police Lodge of "unconscionable" fund-raising tactics, charging it had sent numerous bills and past-due notices to businesses in Northern Virginia for unordered tickets to a variety show. Buracker said that the lodge was incorrectly claiming that proceeds from the show were going to benefit local community activities, including neighborhood watch and home security programs. "Lodge No. 35 did not contribute in any way to these activities in Fairfax County," he said in a statement. Bob Brown, president of Lodge No. 35, refused to comment

Data on Police Misconduct Noted in Strobel Trial

The Washington Post


April 16, 1986, Wednesday, Final Edition


Data on Police Misconduct Noted in Strobel Trial


BYLINE: By Caryle Murphy, Washington Post Staff Writer


SECTION: Metro; C7


LENGTH: 524 words


A former Alexandria police officer, testifying yesterday in the federal perjury trial of city Police Chief Charles T. Strobel, said he gave Strobel information of misconduct by three officers but that Strobel took no action on the matter.


Louis Pugh said that in 1974 he played a tape recording for Strobel on which a prostitute spoke of having sexual relations with three policemen. He said under cross-examination, however, that he had made some errors in his testimony before the federal grand jury that indicted Strobel. He also said he had lost the original tape recording.


The government is seeking to prove that Strobel lied to a grand jury when asked how he handled reports of sexual misconduct by an Alexandria policeman and two Fairfax County vice officers. Strobel, who is on paid administrative leave, is charged with six counts of perjury and six counts of obstruction of justice. He has denied the charges.


"This case is based on false testimony given to a grand jury," Strobel's attorney, Plato Cacheris, said in his opening remarks on the first day of Strobel's trial in U.S. District Court in Alexandria.


Acting U.S. Attorney Justin Williams told the trial jury yesterday that Strobel repeatedly told the grand jury that he did not recall hearing the allegations. But, Williams said, Strobel "did remember them when he testified before the grand jury."


Williams said he will present evidence, including internal memos, showing that Strobel recalled the allegations and that one of them had "stayed and preyed on his mind" before Strobel's appearance before the grand jury last fall. The prosecutor said that on six occasions Strobel took no action when reports of misconduct were presented to him.


Pugh testified that he recorded a conversation with a prostitute identified as Sharon Swim in October 1974 in which she said she had "more sexual contacts" with a city vice officer and "admitted having sexual relations with two Fairfax County police officers in the past."


After Pugh played the tape for Strobel, the chief said that "the best thing to do was for me to be quiet about the tape," Pugh testified. He added that after making copies of the tape in 1978 for two other Alexandria investigators, he lost the original.


U.S. District Judge Richard L. Williams permitted a copy of the tape to be played for jurors, but it could not be clearly heard by spectators.


Under cross-examination, Pugh said he "was mistaken on the time frame" when he told the grand jury last year he had recorded the conversation in April 1974.


Pugh also testified before the grand jury that he had taken a woman into Strobel's office "and she sat there and told him" that an Alexandria police officer had attempted to rape her. Yesterday, Pugh said that this testimony "was not accurate" because he did not know whether the woman had ever talked to Strobel about it.


Pugh said he also told the grand jury that Swim told him she had been "falsely arrested" in Alexandria by two Fairfax County vice officers.


But according to Fairfax police records presented in court, Swim was arrested for prostitution in Fairfax County.

Police, Va. Agents Raid Bars for Sobriety Checks

The Washington Post



January 8, 2003 Wednesday


Final Edition


Police, Va. Agents Raid Bars for Sobriety Checks


BYLINE: Carol Morello, Washington Post Staff Writer


SECTION: METRO; Pg. B08


LENGTH: 876 words


As the designated driver in her dinner party, Pat Habib was careful to consume no more than one alcoholic drink and follow it up with two sodas.


So she was shocked when a police officer singled her out of the crowd at Jimmy's Old Town Tavern in Herndon and asked her to step outside to prove her sobriety. After she ran through the alphabet without pause, the Fairfax County police officer let her go and explained police had received a complaint about an unruly blond woman matching her description. Then she watched as police tested other women looking nothing like her.


"I could see it if they wanted to prevent you from getting into a car, but they didn't even ask me if I was driving," Habib said.


Habib was among restaurant and bar patrons swept up last month in a joint operation of the Fairfax County police and the Virginia Department of Alcohol Beverage Control. During the holiday period, undercover agents went to 20 bars in Reston and Herndon looking for examples of bartenders "overserving" customers. Police ultimately raided three bars and arrested nine patrons who failed sobriety tests. They were charged with public drunkenness and spent the night in jail.


Police consider the operation a success and said they would consider doing it again. Lt. Tor Bennett, assistant commander of the Reston District station, described it as a "low-key" operation designed to stop drunks before they got behind the wheel.


"We're not talking about someone who was enjoying a cocktail or two and enjoying a nice evening out," Bennett said, noting that the nine men arrested had blood-alcohol levels ranging from 0.14 to 0.22. "They drew attention to themselves by their actions."


But civil libertarians, restaurateurs and many of their customers who were either questioned or arrested have decried the police tactic. They said many people who were drinking responsibly and causing no commotion now have the Class 4 misdemeanor of public intoxication on their record, and many more potential customers were scared away for good out of fear that a drink or two could get them arrested.


"It does smack of a pending police state if law enforcement is going into establishments to monitor behavior," said Lynne Breaux, executive director of the Metropolitan Washington Restaurant Association. "At the same time, we strongly oppose any combination of drinking and driving."


Under Virginia law, a restaurant or bar is a public place, and public intoxication is a low-level misdemeanor punishable by a night in jail and up to a $ 250 fine.


Kent Willis of the Virginia branch of the American Civil Liberties Union said the law does not specify what level of blood alcohol constitutes public drunkenness. The level for drunken driving is 0.08.


Police said the holiday raids, first reported in the Reston Times, were born of a community policing goal of discouraging crime before it occurs. Bennett said police had been called repeatedly to the three bars in response to fights and disorderly conduct. Undercover agents found no problems in 17 other bars they visited before Christmas, he said. And four of the men arrested were on their way to their cars when police stopped them, he said.


"We're not talking about overzealousness here," Bennett said, adding that uniformed police officers who made the arrests were accompanied by members of the police bicycle patrol clad in nylon pants and polo shirts.


But bartenders and patrons saw it differently.


At Ned DeVine's restaurant in Reston, owner Graham Davies said seven or eight police officers "came bursting into the place."


"If they decided you had too much to drink, you were targeted," Davies said, acknowledging that he believed the three customers who were arrested at his tavern probably had too much to drink.


"The police are within their rights. I can't disagree with what they want to do, which is save lives. But I disagree with the way they did it."


At Champps in Reston, general manager Kevin O'Hare described police as "antagonistic." He said they "pulled" people from their chairs who were making no commotion. "They're always welcome to come in anytime," he said of police. "It's not an issue when they talk to our guests. But when they actually pull people out of their seats, it is an issue. When it's borderline harassment, it's an issue."


One man who was arrested during one of the police raids acknowledged having several drinks during the course of the afternoon, but said he was not driving or acting unruly as he sat at a table with several work colleagues. He had just finished singing "Jingle Bell Rock" on the karaoke machine when an officer asked him to step outside. He failed a breath test and was taken in a van to jail.


"I've lived my life with tremendous respect for the rule of law," said the man, who spoke on condition of anonymity because he is contesting the charges.


Now his respect is tarnished.


"You could be anybody, anywhere, and they can take you out and throw you in jail," he said. ". . .I didn't do anything other than to be in the wrong place at the wrong time."


Katherine K. Hanley (D), chairman of the Fairfax County Board of Supervisors, said the operation was a tool to reduce drunken driving and would be evaluated before it is repeated.

Fairfax cops arrest stripper for stripping and then drop the charges

The Washington Post


September 12, 1985, Thursday, Final Edition


Fairfax County Drops Case Against Stripper;


Woman Alleged Police Entrapment


BYLINE: By Patricia Davis, Washington Post Staff Writer


SECTION: Metro; D8


LENGTH: 336 words


Fairfax County prosecutors yesterday unexpectedly dropped a charge of indecent exposure against a professional stripper who said she had been entrapped by a group of county police officers.


"I don't know what this means," said George D. Varoutsos, attorney for Linda Barnett, the stripper. "I guess it means you can take your clothes off in a motel room."


Barnett, 33, was arrested on the misdemeanor charge May 8 at the Tysons Corner Holiday Inn by Fairfax County police officers. The D.C. resident, who runs a business called "Have Fun, Will Travel," has said she went to the motel to entertain a group of men she believed were giving a bachelor party.


"We do live, theatrical scenarios in the spirit of burlesque," Barnett explained yesterday as she nervously awaited her court appearance in Fairfax County General District Court. "In the course of a 20-minute show . . . the performer is naked for seven to eight minutes."


Barnett acknowledges that she performed for the group of eight men, all of whom turned out to be police officers, but she steadfastly maintains that she was entrapped.


She said the man who made the appointment said that the bachelor party was for "kind of a wild bunch."


Barnett said she went to the motel, performed her routine and was nude for seven to eight minutes.


The officers had rented two $88-a-night rooms at the motel and furnished them with liquor and snacks to look like a party. After she finished her performance, she said, the men "tried to get me to prostitute myself." She said she refused and never got her $150 fee.


"The procedures leading up to her arrest were correct," said police spokesman Warren R. Carmichael, adding that the action that led to the arrest came from a citizen's complaint.


Under Virginia law, anyone who makes an obscene display of his or her body in a public place or in any place where others are present, can be found guilty of indecent exposure. The charge carries a maximum penalty of a $1,000 fine and 12 months in jail.

cops arrest citizen for drinking in a bar..again, to much money, too much time to spare and not enough to do

The Washington Post



February 28, 2003 Friday


Final Edition


Two Sentenced in Va. Bar Sweep Dispute Police


BYLINE: Carol Morello, Washington Post Staff Writer


SECTION: METRO; Pg. B05


LENGTH: 846 words


On karaoke night at a crowded Reston bar just before Christmas, Daniel Crowley had at least six beers at a stage side table where he sat with three friends.


The mortgage broker had no idea that the attractive man and woman eyeing him from their stools were plainclothes Fairfax County police officers. Their mission was to observe drunks in bars so uniformed officers could arrest them on charges of being drunk in public.


No one had complained about Crowley's behavior, and one of his friends was the night's designated driver. But Crowley was about to be caught up in a police operation that was designed to deter intoxicated drivers, but has subsequently been criticized as heavy-handed and unfair.


"I didn't know what was going on," Crowley testified yesterday in Fairfax County General District Court, where he contested the charge before Judge Michael Cassidy. "I'd paid my tab, and I was ready to go home."


More than two months after police raided bars in Herndon and Reston on five nights during the holiday season, several of the nine men charged with public drunkenness are challenging their arrests.


Police have called the sweep a success and noted that defendants who agreed to breathalyzer tests registered blood-alcohol levels ranging from 0.14 to 0.22. But civil libertarians, restaurateurs and many patrons contend police arrested people who were drinking responsibly and causing no commotion. Under Virginia law, public intoxication is a low-level misdemeanor punishable by a night in jail and a fine of up to $ 250.


Crowley and Michael Damkot had trials yesterday. Cassidy ruled that both men were intoxicated in public and ordered them to perform 25 hours of community service. No conviction will go on their records. Two other defendants have attorneys and will appear before Cassidy later.


Only two defendants pleaded guilty. Three others were convicted and fined $ 35 when they did not appear in court yesterday.


"I'm happy with the outcome," said Damkot, 24, of Herndon, who represented himself. "I don't necessarily agree with the tactic. But the law is the law. I broke it, and I'll pay my penance to society."


Damkot acknowledged that he was intoxicated the night he was arrested at Champps in Reston. Fairfax County police officers testified that they noticed him because of his bloodshot eyes and overheard him tell a young woman that he intended to drive home. After ordering him a glass of water, the woman told the undercover officers that she wanted to keep him from doing "anything stupid," police testified.


But Damkot said he had no car to drive that night.


"I didn't have a vehicle there," he said. "I had no intention of driving. I knew I'd been in a bar, and I was drinking."


In sentencing Damkot to 25 hours of public service, Cassidy lectured him about the dangers of drinking too much -- even in a tavern. Under Virginia law, a bar is a public place.


"Just because you're in a bar doesn't mean you can get wiped out," Cassidy told Damkot. "You could be a danger to yourself and a threat to the public."


Crowley and his drinking companions disputed police testimony that they observed him spilling beer in his lap, slurring his speech and having trouble staying upright on his seat.


"He was at a table with a group, and his behavior stood out from all the others," said Fairfax County Police Sgt. O.W. Elam.


Under cross-examination from Crowley's attorney, police acknowledged that neither they nor bar patrons had complained that Crowley was acting unruly or meddlesome. They also testified that he did not disobey their orders, even though he declined to submit to a breathalyzer test.


Crowley, 29, testified that he has a chronic problem with red eyes and pulled from his pocket a bottle of eyedrops that he said he uses every day.


Wendy Richards, a friend who was drinking beer with him that night, denied that Crowley showed any symptoms of intoxication. She testified that she had been chatting with the two undercover officers, not realizing they were anything but customers.


"They humiliated me," she said after the hearing. "They used me as a decoy."


Jacob Perkins, an attorney for Crowley, argued that Crowley should not have been arrested because he was not bothering anyone. "There's a difference between being drunk in public and being rowdy and drunk in public," he said.


After the hearing, Crowley decried the police sweep and said he no longer frequents bars in Fairfax.


"I'm not happy with the way they can walk into a restaurant and do as they please," he said of police. "I don't want to go to places in the atmosphere where you don't know who is who."


The operation was defended by Ron Miner, a member of the Fairfax County DWI oversight committee, who attended court to observe the proceedings. Miner noted that police launched the raids after responding to bar fights at several taverns.


"They were trying to have a high-visibility presence in the area," he said. "It's an effort to try to deter violent behavior and keep people from driving drunk. . . . I think it was good public awareness."

an unidentified Fairfax County police officer made some hurtful remarks regarding the character of the people

The Washington Times

July 20, 1995, Thursday, Final Edition

Matters of trust: How police see citizens' rights ...

SECTION: Part A; COMMENTARY; EDITORIALS; LETTERS; Pg. A22

LENGTH: 443 words

I was quite disturbed to read your July 12 editorial "Sent packing in Fairfax," in which Fairfax County Police Chief M. Douglas Scott and an unidentified Fairfax County police officer made some hurtful remarks regarding the character of the people applying for a concealed-weapon permit under Virginia's new concealed-weapon law.

The Washington Times reported that Chief Scott remarked that the new concealed-weapon law was "really scary." Your editorial also stated that an unidentified officer, upon seeing residents lined up to get their concealed-weapon permit applications, remarked, "Here comes the Wild West."

I don't intend to debate the merits of the concealed-weapons law. Rather, I wonder why Chief Scott and some police officers seemingly have such contempt for me and others like me as we merely go about exercising our rights under the law.

Implied in the statements that it's "really scary" and "Here comes the Wild West" is an attitude that places a barrier between the police and me. I am not a police officer, and I don't know any officers. I can imagine, however, that daily, grinding contact with the criminal (or marginally criminal) element of Fairfax has left its mark.

I am sure that the police - in order to survive - hold a view of the public that differs from mine. Nevertheless, I ask that Chief Scott reconsider his view because he is missing the fact that the vast majority of Fairfax residents support, defend and respect the police. I am concerned, then, that police would think any less of me simply because I wish to exercise my right to apply for a concealed-weapon permit.

I didn't know what to expect when I arrived at the Fairfax County police station annex on July 3, the first day of the application process. Aside from the long line (which I did expect), I found a delightful cross section of Fairfax County residents - black and white, young and old, men and women. If Chief Scott had been there, he would have seen the average law-abiding Fairfax County resident. He need not fear them. In fact, his job would be much easier if all Fairfax County residents were like the people in line that day.

Responsible citizens have rights, and with those rights come obligations. For a long time, the courts have held such people in contempt, presuming to know their needs and acting with destructive benevolence and active indifference. Virginia Gov. George Allen has transformed the situation, transferring an obligation from the state and placing it back where it belongs, with the citizen.

ANTHONY R. VANCHIERI

Alexandria

Suspect shot during her arrest

The Washington Post


January 25, 1979, Thursday, Final Edition


The Washington Times


July 7, 1998, Tuesday, Final Edition


Suspect shot during her arrest


BYLINE: Stephen Dinan; THE WASHINGTON TIMES


SECTION: Part C; METROPOLITAN TIMES; VIRGINIA NEWS; Pg. C7


LENGTH: 323 words


A Fairfax County police officer's gun went off during a scuffle yesterday morning, wounding a woman who had just led police on a long chase along U.S. Route 1 through Prince William and Fairfax counties. After the chase finally ended in a Mount Vernon shopping center, Diana Elizabeth Tyler, 38, of Stafford County, refused to get out of her car. While Fairfax officers pulled her from the car, one officer's gun went off, police said.


The bullet struck her in the neck, police said. Police wouldn't give the name of the officer whose gun discharged and would only say that he was holding the gun in his hand at the time. The department's internal affairs division is investigating.Prince William County police spokeswoman Sgt. Kim Chinn said Miss Tyler led police on a 27-minute chase through the county there, changing direction on Route 1 several times, before heading into Fairfax County.After a 10-mile chase along Route 1 north through Fairfax, Miss Tyler pulled into the parking lot for Engleside Plaza. Police blocked her 1995 Oldsmobile Achieva in before she could leave.They ran to the vehicle, telling her to get out. She refused and the officers struggled to pull her out, which is when the officer's weapon fired.Miss Tyler's neck injury was treated at Inova Fairfax Hospital and she was released. There were no injuries or damage to cars during the chase.Miss Tyler was charged with driving on a suspended license and attempting to elude police. She is being held without bond in Fairfax County.Police took the opportunity to serve her with a number of outstanding warrants, including one in Fairfax for a felony bad-check incident; a failure-to-appear warrant from a bad-check charge in Stafford County; and a failure-to-appear warrant for a larceny charge in Fredericksburg. Prince William police charged her with driving on a suspended license and attempting to elude police.

Horan finds another cop innocent of murder

Officer Cleared in Janitor's Death



BYLINE: By Athelia Knight, Washington Post Staff Writer


SECTION: Metro; C9


LENGTH: 309 words


An internal Fairfax County police investigation has cleared a police officer who mistakenly shot a janitor during a stakeout of an often robbed school, Commonwealth's Attorney Robert F. Horan Jr. said yesterday. Horan said the investigation found "no wrongdoing" by officer David Lubas, who shot and killed custodian John Jackson Dec. 29 in the kitchen of the private Talent House School, 9211 Arlington Blvd.Lubas shot Jackson three times when he entered the school with his 22 caliber gun, apparently to begin his own stakeout.Jackson was unaware that two plain clothes police officers were also staking out the school.


"It's a tragic incident," Horan said. "There is no reason to suspect that Jackson was coming in there to burglarize the place. He was coming there to stake the place out like the police [were doing.]" Eldon Merritt, owner of the school, had offered a $500 reward to his employes for help in apprehending the persons responsible for a series of burglaries at the school.Jackson, 33, of Manassas, had returned to the school about 1:30 a.m. on Dec. 29. But, unknown to him, two Fairfax County police officers, Lubas and Nancy Lutz, were inside the school on a stakeout."Normally on a stakeout, you let as few people know about it as possible," Horan said. "There is a question of whether or why Mr. Jackson wasn't told about it. Certainly, he should have been notified."David Feldman, an attorney who is investigating the death for Jackson's family, said yesterday that Jackson had staked out the school premises the three nights prior to the shooting. "It's absolutely obvious that something went wrong," Feldman said.Horan said Lubas, a three-year police veteran who had been placed on administrative leave pending the completion of the police investigation, returned to work last week.

Fairfax County police rapped for lacking public, press candor

The Washington Times


July 30, 1991, Tuesday, Final Edition


Fairfax County police rapped for lacking public, press candor


BYLINE: Frank Wolfe; THE WASHINGTON TIMES


SECTION: Part B; METROPOLITAN; Pg. B1


LENGTH: 567 words


Fairfax County Supervisor Thomas M. Davis said yesterday that county police should improve procedures for getting information to the public and the news media."The police have a number of responsibilities, the most important of which is catching the bad guys," said Mr. Davis, Mason Republican. "But can we be more responsive? Yeah, we can do a better job."


Following published reports and complaints from reporters that information about some crimes has been withheld, Mr. Davis said he will suggest meetings be held among police, county supervisors and reporters to improve the flow of crime information. Mr. Mason's election opponent, County Board Chairman Audrey Moore, was more cautious."I think the goal should be to balance the public's right to know with the confidentiality needed to protect police investigations and the rights of victims," she said.The comments come at a time when Fairfax County police are being criticized for not initiating the release of several newsworthy incidents.The three incidents cited by the Fairfax Journal were:* The burning of the word "Jew" into the front yard of a West Springfield family last month. Police said the report on the incident was a destruction of property report. Police spokesman Warren Carmichael said yesterday his office doesn't normally look into such destruction reports because they are usually not of interest to the media.It is up to the commanders of the seven district stations, he said, to give his office further details. In addition, he said, police are concerned with protecting a family's privacy.An account of the lawn burning appeared in a local newspaper when B'nai B'rith officials and the family reported it to the paper. County police should probably have given the information to all news outlets after the public information office learned of it, Mr. Carmichael said.* County police did not report the kidnapping of a British Royal Air Force officer from a Tysons Corner parking lot last month. The officer was taken in the trunk of a car to Prince George's County, where he managed to get out using a tire iron.Several days later Fairfax police arrested two suspects. Mr. Carmichael said yesterday that county police did not report the incident because it was an FBI case."If it's not our case, it's not our place to give out information," said Col. John E. Granfield, chief of the 985-member county police department.* On July 12, a fight between Hispanic and black youths broke out near Jeb Stuart High School at Baileys Crossroads. Headquarters again learned of the incident from a local newspaper and called the Mason District station to get the necessary information.One of the youths involved was charged with attempted malicious wounding and six others were charged with disorderly conduct. Those charges showed up on a police computer in the public information office. But such minor charges are not normally considered newsworthy and a comprehensive station report on the incident was not given to the public information office, Mr. Carmichael said."We will continue to emphasize to our people in the field that they be sure to forward the reports to us or call us," he said.The police public information office receives daily activity reports on all major crimes, such as homicides and robberies.

Probe Finds Allegations of Off-Duty Drug Use

The Washington Post


September 5, 1987, Saturday, Final Edition


4 Fairfax Dispatchers Quit;


Probe Finds Allegations of Off-Duty Drug Use


BYLINE: Patricia Davis, Washington Post Staff Writer


SECTION: METRO; PAGE B5


LENGTH: 360 words


Four Fairfax County 911 dispatchers and call-takers resigned after an internal police department investigation produced allegations that they had used illegal drugs while off duty, county police said yesterday. The three-month investigation by the police internal affairs section, described as "exhaustive," was begun after information was received from sources outside the police department, spokesman Warren Carmichael said. The civilian dispatchers -- who were not identified -- are alleged to have used "amphetamines and other" drugs while off duty, Carmichael said.


"The bottom line is there was absolutely no use of any drugs by any of these people while on duty," said Carmichael. "Service to the public was not affected in any way." Police department employes are prohibited from using illegal drugs either on or off duty. He said the former dispatchers and call-takers, who worked at the county's Emergency Operations Center, resigned in June and July and have not been charged with a criminal offense.Carmichael confirmed the resignations after the department was questioned by a television reporter. Personnel matters are not ordinarily made public.Carmichael said "nothing in their performance on duty would have aroused suspicion" of any illegal drug use on the part of the employes. He said there was no evidence of any drug use among other dispatchers at the center.The county has about 100 civilian dispatchers and call-takers who field police and fire emergency and nonemergency calls over the 911 line, he said.The county had problems when it switched to a new computer-aided dispatch system in June at the communications center, currently at the county's new Pine Ridge Facility. There were complaints of delays in answering 911 calls and rerouting them to the proper dispatcher.Officials attributed the problems to defects in the software and the difficulty of learning a new system. They said dispatchers were initially working double duty by monitoring the old system to check the performance of the new.Carmichael emphasized that the drug use by the employes was not related to performance at the new center.

Fairfax Police Admit Mistake in Diplomatic Flap

The Washington Post


January 29, 1994, Saturday, Final Edition


Fairfax Police Admit Mistake in Diplomatic Flap


ByLINE: Tamara Jones, Washington Post Staff Writer


SECTION: FIRST SECTION; PAGE A6


LENGTH: 442 words


Fairfax County police have admitted making a mistake in the arrest of a South African diplomat and his wife, but blame the pair's "hostility" in part for the events that landed them in jail on charges of public drunkenness. Documents released by the Fairfax Police Department yesterday in response to a Freedom of Information Act petition filed by The Washington Post said "appropriate measures" have been taken in the case.The South African Embassy had filed a protest with the State Department demanding to know why the diplomatic immunity of First Secretary Eckard Piprek, 34, and his wife, Gerda, 31, was disregarded when they were arrested Oct. 16 outside their Oakton home. Charges against the couple have since been dropped and the criminal complaint expunged from police files.


The South African Embassy indicated yesterday that it is not satisfied with the police conclusions, and it continued to deny that the Pipreks were drunk at the time of their arrest. "We have to pursue this with the State Department," said embassy spokesman Wesley Johanneson. Police spokeswoman April Kranda said yesterday that the two arresting officers had made a "technical violation" by reporting the detention of the Pipreks to the South African Embassy instead of to the State Department.The violation "is not one which we would consider serious," she said. The department does not discuss disciplinary measures against its officers, and Kranda would not confirm or deny whether any were taken.Police were summoned to the Pipreks' home by neighbors complaining of a loud, drunken party outside. Officers Michael Kulikowsky and Onzy Elam took the Pipreks into custody only after they refused to quiet down and go back inside, according to an internal police investigation of the incident.In a letter to the State Department's protocol office, Police Chief Michael W. Young concluded that it "is evident that Mr. and Mrs. Piprek contributed in large part to the circumstances resulting in their arrest.""Their behavior in the cul-de-sac in front of their home, as well as at the Fairfax County Adult Detention Center, was not what one would expect from diplomats representing a foreign country," he wrote.The South African Embassy gave a different account, insisting that the Pipreks tried several times before and after their arrests to establish their diplomatic immunity, but were ignored. They were released after spending three hours in jail when an embassy official arrived to identify them.Kranda said the department "would not provide an apology" to the Pipreks or their embassy because it "would not be appropriate" in this case.

Fairfax Officers Face Steroid Charges

The Washington Post


May 12, 1994, Thursday, Final Edition


Fairfax Officers Face Steroid Charges


BYLINE: From news services and staff reports


SECTION: METRO; PAGE B6; AROUND THE REGION


LENGTH: 123 words


Two Fairfax County police officers, including the coordinator of the department's new wellness program, have been charged with unlawfully possessing anabolic steroids without a prescription, police said yesterday.


William R. Petracca, 43, of Lake Ridge, and Robert F. Cahill Jr., 35, of Annandale, were arrested Tuesday night on the misdemeanor charges and released after agreeing to appear in court, police said. Petracca, a 20-year member of the force, was coordinator of the wellness program and assigned to the Public Safety Training Academy. Cahill has been with the department eight years and was assigned to the Mount Vernon District. Both men have been on leave with pay since March, when an investigation was launched.

Police, family services ignore rape verdict

The Washington Times



December 22, 1995, Friday, Final Edition


Not-guilty dad still may lose daughters, job ;


Police, family services ignore rape verdict


BYLINE: Jim Keary; THE WASHINGTON TIMES


SECTION: Part C; METROPOLITAN TIMES; VIRGINIA NEWS; Pg. C5


LENGTH: 767 words


Although he was acquitted of criminal charges that he raped his own child, Fairfax County Police Officer Larry Neidig may still lose his job and never see either of his two daughters again.Both the county's police department, where Officer Neidig has worked for 19 years, and the Family Services Department, which has branded the officer a child molester, are ignoring the jury's verdict."It seems to be never ending," said William J. Scheme Jr., Officer Neidig's attorney. "I find it frustrating to prevail in the criminal case, then he's faced with all this."






Officer Neidig, who has been on paid administrative leave since the allegations surfaced in May, was found not guilty Sept. 21 in Fairfax County Circuit Court of a charge he raped his 11-year-old daughter. He was also acquitted on a sexual battery charge. But the Department of Family Services had already put him on a list of child abusers in June and did not remove his name when he was acquitted. Family Services had already ruled he sexually abused his daughter and is not bound by any verdict in a court, department officials say.Neither is the Police Department's internal affairs bureau, which this week notified Officer Neidig that it has concluded he sexually abused the girl. By Dec. 29, the department will tell him if he will be fired.Officials from both departments say the same rules of evidence used in criminal courts do not apply for their investigations."Family Services has no feelings for the love between the parent and the child. These children can't even see their daddy," said Officer Neidig's sister-in-law, Cathryn Bonzano, 33, of Centreville.Her sister, Marianne, was married to Officer Neidig before she died of lupus in 1992. The couple's two children, 11 and 4, now live with Mrs. Bonzano's sister, Nancy Bond, who is married to Charles Bond, a Fairfax County police lieutenant who worked for the child-abuse unit when the allegations were made but was reassigned over the summer.Officer Neidig, 40, of Fairfax, yesterday went before a Family Services hearing examiner to appeal the department's finding. The closed hearing will continue on Thursday, and the department must make a decision within 30 days from the last hearing day.Officer Neidig, who has not seen his children since May, said he could not comment on the matter until it is resolved.Susan Alexander, program manager for Family Services' crisis management department, said she also could not discuss the case, but said that even if a person accused of child abuse is acquitted in a criminal court, Family Services could continue to pursue the case to keep the person from children.Because of the Family Services' finding of child abuse, Officer Neidig has been listed on the state's Child Abuse and Neglect Information System Central Registry as a child abuser. The registry is used as a tool to screen people who work in the child care industry and other businesses that require security clearances - like law enforcement.If he is successful in his appeal, his name would be removed from the registry. Officer Neidig needs to clear his name before a hearing scheduled in March to regain custody of his daughters because it is unlikely he would succeed in that hearing with his name still on the state registry.Mrs. Bonzano, 33, of Centreville, who does not get along with her sister, Nancy Bond, said Officer Neidig's problems began on May 10 when Family Services received an anonymous complaint that he had fondled his daughter. She said the children were taken from their schools the next day and handed over to the Bonds.Even though Officer Neidig's 11-year-old daughter initially denied her father had sexual contact with her, after two months of interviews by investigators, she said her father had had sexual intercourse with her twice a week since she was 6 years old, Mrs. Bonzano said.But that would have been nearly imposssible, Mrs. Bonzano said, since her sister, Marianne, was at home most of the time until she died on Nov. 14, 1992. She said after her sister's death, she often cared for the children and never saw anything amiss."I had been around them frequently. It didn't seem like much was going on," Mrs. Bonzano said. "They loved being with their father."She also said there was medical evidence presented in Officer Neidig's defense that showed her 11-year-old niece had no signs of sexual activity and that her hymen was intact.

Change Is Vowed For Tense Department

The Washington Post


June 9, 1992, Tuesday, Final Edition


Chief Picked For Fairfax Police Force;


Change Is Vowed For Tense Department


BYLINE: Peter Baker, Washington Post Staff Writer


SECTION: METRO; PAGE B3


LENGTH: 547 words


Moments after being picked as chief-designate of the Fairfax County Police Department yesterday, Michael W. Young pledged to change the climate of a force that has been criticized recently by female and minority officers who say they are mistreated. "I can guarantee that's coming," he said of the promised atmosphere. "The role for leadership is to set the tone, the climate and the attitude in the professional sense."


The Board of Supervisors unanimously approved Young's appointment yesterday after a week in which long-simmering resentment in the department spilled into public view. Dozens of female, minority and some white male officers complained that promotions and desirable assignments were often decided by a "good-old-boy network" that did not welcome outsiders. In taking the $ 99,219-a-year job at such a tempestuous time, Young tried to strike a balance between competing factions in the 946-officer force.He said that he took the grievances seriously and promised to take whatever actions are needed to restore the police administration's credibility with rank-and-file officers. At the same time, he made sure to praise the department as fundamentally sound, did not promise a shakeup and cited the need to be fair to those already in high-ranking positions."I am of the firm conviction that our department is essentially in strong shape and our strength will re-emerge if given the right atmosphere," he told reporters.Young, 45, who retired last year as deputy chief, said he would have been surprised if such "deeply felt" sentiment had surfaced while he was still with the department.But he said that if so many officers believe there is a problem, there probably is one. He said he would be willing to consider transfering the promotion system to an independent agency.A native Virginian who graduated from Gar-Field High School in Woodbridge, the University of Richmond and the FBI National Academy, Young joined the Fairfax force in 1971 after two years in the Army. He has headed virtually every major division, including vice and narcotics, special operations, criminal investigation and major crime.He left in April 1991 after his 18-year-old son, Eric, was seriously injured in an car accident. His son has since recovered. Young and his family live in Woodbridge.Young, who succeeds retiring Chief John E. Granfield June 27, has been welcomed from all corners, from top brass down to the dissident officers who brought their grievances to federal civil rights officials and Board of Supervisors Chairman Thomas M. Davis III (R)."I have found absolutely no one who does not stand behind him or speak out for him," Officer John R. Burdette, president of the Police Association, said of Young. "He shunned the good-old-boy network that's alleged to be the core of the problem."But Burdette said that many officers resented Davis's involvement and what they saw as a "vocal minority" dictating who could be the next chief."The system was being undermined by the calling of a secret meeting by the chairman of the board," Burdette said of a meeting at Davis's house attended by as many as 40 officers unhappy with promotion practices and other issues. "That was unprecedented and I would hope it would never happen again."

Nightstick Allegedly Rammed in His Mouth

The Washington Post



July 29, 1989, Saturday, Final Edition


Charges Dropped Against Man In Fairfax Police Beating Case;


Nightstick Allegedly Rammed in His Mouth


BYLINE: DeNeen Brown, Washington Post Staff Writer


SECTION: METRO; PAGE B7


LENGTH: 376 words


A Fairfax County prosecutor dropped trespassing and public drunkenness charges yesterday against a man who had accused county police of shoving a nightstick into his mouth and beating him after he refused to give them information about someone else. Raymond F. Morrogh, deputy commonwealth's attorney, said he decided to drop the charges after police went to him yesterday and told him that a settlement had been reached with the defendant, Steve Martin. The details of the agreement were not immediately available.


"It seemed like the fair thing to do, considering what happened," Morrogh said. Martin, who is black, said he was beaten by white police officers during the March 31 incident. Disciplinary actions have since been taken against five officers, not all of whom were directly involved in the assault, sources said.As a result of that and other recent incidents, some blacks in the county have accused police of racial bias and the Justice Department has started an investigation.About three weeks ago, county prosecutors dropped charges against another man whose case is being investigated by the Justice Department for possible civil rights violations.Martin, 27, who is being held on an unrelated charge of stealing a truck, said from jail yesterday that he had no knowledge that the other charges had been dropped and planned to sue police for beating him.Martin said that after the news of the beating spread, police in the county had been harassing him and he had been threatened by guards in the county jail who were angered by his charges against the police."They be trying to jump me up here. They are against me because they against what I'm doing to police on the street," he said."That's just totally not true," said Fairfax County Sheriff M. Wayne Huggins, whose department operates the jail. "We have two separate agencies. My deputies have more to do than to be concerned about the likes of Steve Martin."Martin pulled down his bottom lip and displayed a gap where, he said, a tooth had been knocked loose by a nightstick. The police department had offered Martin $ 1,000 to repair the tooth, but Martin said he did not know where the offer stood and had gone to the dentist to have the tooth pulled.

Fairfax police fear losing public trust;

The Washington Times


June 8, 1997, Sunday, Final Edition


Fairfax police fear losing public trust;


Arrests of cops in bank robbery, theft cases put department on defensive


BYLINE: Gretchen Lacharite; THE WASHINGTON TIMES


SECTION: Part A; METROPOLITAN TIMES; Pg. A10


LENGTH: 542 words






When Fairfax County police arrested Jeffrey R. Hand last week, they were making history - but not the kind they want remembered in the record books. Officer Hand, a 23-year veteran officer who could have retired three years ago, was accused of walking into a Burke bank on May 22 with a mask and a shotgun and demanding money. His arrest made him the first officer in recent memory to be charged with a violent crime.


But he is not the only county officer to find himself on the wrong side of the law lately. Just five weeks before Officer Hand's arrest, Detective Michael D. Kerns was convicted of malfeasance after investigators found property recovered in commercial robbery investigations - computer games, a radio, a tool kit and other items - in his home and office.The cases have left county police and their supporters scratching their heads."There are 1,100 uniformed police officers," said David G. Smith, principal of West Springfield High School where Officer Hand has been a school resource officer since 1995. "An allegation against one is not an indictment of them all. . . . I hope people will remember that."Lt. Col. David R. Franklin, who announced the arrest Thursday of Officer Hand, said it is "just an anomaly.""The bigger you get, something is going to happen," said Col. Franklin. "We have almost 1,500 officers and civilian employees."At the West Springfield District Station where Officer Hand worked - and from which officers responded to the bank robbery for which he now stands charged - the reaction was one of "utter disbelief.""The whole station is saddened and shocked," said Capt. P.D. O'Keefe, commander of the West Springfield station.Officer Hand, 43, is currently being held without bond for the robbery of the Central Fidelity Bank at 5815 Burke Centre Parkway, a robbery that netted the thief $71,782.He is also a suspect in at least three other area bank robberies, according to court documents, including one that FBI officials have described as "particularly violent."He has been relieved of his duties and put on leave, with pay, while his case is pending.Detective Kerns, 36, is waiting to learn if he will keep his job after his misdemeanor conviction.Last fall, he told investigators he was guilty only of "an oversight" after they found he had six pairs of expensive sunglasses, a 21-piece Precision tool kit, three sets of nickel-plated steel handcuffs, knickknacks from the Franklin Mint and assorted computer equipment that were supposed to be in the police property room.Prosecutors accused him of stealing the property and sought a felony embezzlement charge against Detective Kerns, a 16-year veteran of the force. But he was convicted April 29 of the misdemeanor malfeasance charge instead and fined $500 in Fairfax County Circuit Court.Col. Franklin said the arrest of Officer Hand and the conviction of Detective Kerns should not shake public confidence in the police."It's disappointing, but it's unusual," he said. "It's very unusual to have somebody with so much time on to be involved in something like this."Capt. O'Keefe had other concerns. "I certainly hope the community will continue to support us," he said.

Fairfax Officer Sentenced

The Washington Post


August 16, 1991, Friday, Final Edition


Fairfax Officer Sentenced


BYLINE: From News Services and Staff Reports


SECTION: METRO; PAGE C6; AROUND THE REGION


LENGTH: 125 words






A Fairfax County police officer has been sentenced to two months in jail after pleading guilty to a misdemeanor charge of sexual battery, police said.


Officer Dun E. Boseman resigned from the police force after entering his plea in Fairfax Circuit Court Wednesday. The charge against Boseman stemmed from a party last summer of off-duty employees of the department, police said. Nine months after the party, the police department launched an investigation, they said.Boseman, who had been relieved from duty with pay during the investigation, was indicted on a felony charge of forcible sodomy. After pleading guilty to the reduced charge, he was sentenced to 12 months in jail with 10 suspended, his lawyer, William E. Hassan said.

Fairfax County police officer charged with raping an 11-year-old girl

The Washington Post


September 22, 1995, Friday, Final Edition


SECTION: METRO; Pg. B04; CRIME AND JUSTICE


LENGTH: 165 words


A Fairfax County police officer charged with raping an 11-year-old girl was found not guilty yesterday by a Circuit Court jury. Larry C. Neidig, 38, of Fairfax, was charged with one count each of rape and aggravated sexual battery.He faced up to life in prison had he been convicted. Neidig was not available for comment, his attorneys said late yesterday."He feels redeemed, and he feels vindicated. But an experience like this one can never be vindicated from because of the taint it has taken on," said attorney John T. Graham. "The evidence was lacking, and almost everybody who knew Larry well supported him."Assistant Commonwealth's Attorney Kathryn Swart said she was "disappointed in the outcome. I think the child was very embarrassed and had a hard time telling the jury what happened."Neidig, who was placed on administrative leave in May, will remain on leave while police conduct an administrative investigation, Fairfax County police officials said.

Questions Remain in Wake Of Easter Arrests in Fairfax

The Washington Post


April 28, 1984, Saturday, Final Edition


Questions Remain in Wake Of Easter Arrests in Fairfax


BYLINE: By Charles Fishman, Washington Post Staff Writer


SECTION: Metro; B1


LENGTH: 758 words


Fairfax County court officials maintained yesterday that the only error they made in arresting a Falls Church area man on Easter Sunday was apologizing for the arrest four days later. But an investigation by court officials into another Easter arrest, that of a Falls Church woman, failed to clear up the question of who was responsible for her being taken into custody three days after a judge quashed the arrest warrant.And Fairfax County police, who suspended serving certain arrest warrants as a result of the two incidents, conducted their own investigation and announced that they will resume serving warrants on Monday.About all that could be agreed on yesterday after two courts and the Fairfax County police had looked into the disputed arrests was that the culprit originally blamed by everyone--the Fairfax Courthouse computer--was innocent.


Mary Ryder and Claude Lineberry were arrested on bench warrants and jailed in the controversial Easter incidents after they failed to appear in court on an assigned date. Such warrants are issued routinely by judges.Lineberry, 43, president of a small Tysons Corner consulting firm, was arrested Sunday on a warrant that was issued after he failed to appear in Fairfax County Juvenile and Domestic Relations Court on April 12 for a hearing in his divorce/child support proceedings.He was jailed briefly and released on bond. On Thursday, Chief Judge Thomas A. Fortkort apologized to Lineberry in court for the arrest, which he said had been the result of clerical or computer error.Lineberry and his attorney, Robert Vaughn, said they were under the impression they were supposed to appear on April 26.Yesterday, however, juvenile court services director Vincent Picciano said his investigation indicated that "everything went according to plan"--that Lineberry had been scheduled to appear in court on April 12, did not show up, and was arrested as he should have been.Fortkort, the judge who apologized, declined to comment on the matter. However, Picciano said Fortkort "indicated he did apologize, but that that was based on information he received from Mr. Vaughn"--information Picciano and Fortkort now say is contradicted by the court record.Vaughn said yesterday, "They're wrong." He said that at a hearing before Fortkort in January, he, the judge and a second attorney agreed on the April 26 date. Sometime in February, Vaughn said, he received notice that the hearing was scheduled for April 12 "and called the court , explained the situation, and they agreed that apparently it was an incorrect date."But when Lineberry failed to appear on April 12, officials tried unsuccessfully to call him, and a warrant was issued for his arrest.Picciano said yesterday that all written and computer records indicate the court date was April 12.Albert Kassabian, the other attorney who was at the January hearing where the date was set, is no longer involved in the litigation, and said yesterday he would not say what date his calendar showed for the scheduled hearing."I don't think it would be proper for me to get involved in this," Kassabian said.Court officials agree that Mary Ryder, who was arrested by Falls Church police in front of her three young children on Easter, should not have been arrested. But, while officials from Falls Church and Fairfax County have apologized profusely for the mistake, they cannot say precisely why it happened.An arrest warrant was issued, but it was revoked three days before the Easter arrest by a Fairfax County General District Court judge. Somehow, court officials said, word of the revocation never was transmitted to Falls Church police.Catherine Ratiner, clerk of the General District Court, said that at some point "the system broke down," but she said the court was not exclusively to blame.The motion to revoke the arrest warrant was unscheduled, "and so it didn't follow normal channels," she said. She added that an unusually high number of motions and an unprecedented day-long computer breakdown created enormous clerical problems late last week.Ratiner said she has reviewed all the court's procedures since the incident "and I haven't come up with anything better than what we do now, anything that could guarantee 100 percent accuracy."Fairfax police said yesterday they have looked into the incidents "and we're satisifed that the system . . . is fine," according to Col. Alan L. Barbee.Barbee said police serve about three such warrants a day, and will resume serving them Monday.

Grand Jury Probes Charge of Fairfax Police Brutality;

The Washington Post


June 3, 1978, Saturday, Final Edition


Police Brutality Charge Probed by Grand Jury;


Grand Jury Probes Charge of Fairfax Police Brutality;


Fairfax Officers to Testify


BYLINE: By Jane Seaberry, Washington Post Staff Writer


SECTION: Metro; C1


LENGTH: 718 words






A federal grand jury has begun an investigation into allegations that three Fairfax County policemen needlessly beat a 16-year-old youth they were arresting and that a county police trial board may have attempted to cover up the incident. The officers - one of whom was earlier exonerated by a county police trial board composed entirely of police officer - have agreed to appear voluntarily before the grand jury, county officials yesterday told a federal judge in Alexandria.Assistant U.S. Attorney Frank W. Dunham said the grand jury "will not only focus on the conduct of these three officers, but the conduct of the officers who reviewed" the incident. The jury is attempting to determine "if the police trial board acted properly or swept it (the incident) under the rug," Dunham said.


Disclosure of the grand jury investigation came yesterday morning as lawyers for the county attempted to quash a subpeona for a transcript of a statement that one of the officers made to the trial board. The officer, Keith M. Florence, made the statement under a grant of immunity from state prosecution and under a threat of losing his job, Jack Gould, assistant Fairfax County attorney, told U.S. District Judge Albert V. Bryan Jr. Dunham said he did not know what Florence said in the statement and that was why the government was attempting to obtain it by a subpoena. The trial board's proceedings are closed and Fairfax police have refused to release details of their internal investigation into the incident.Bryan refused the county's request, but set limits on the use of the statement in the investigation. Dunham had said that the statement would be used only to check on the officers' testimony before the grand jury and would not be used at any trial, if the officers are indicted.The incident, which Gould said marks the first time federal authorities have investigated the county police for their conduct, grows out of the Jan. 6 arrest of Howard L. Cadle at roller skating rink in the Franconia section of the county.Witnesses to the arrest have said they saw policemen hit Cadle repeatedly on the head and shoulders with their billy clubs. Lacy Cadle. The youth's father, filed brutality charges against the three officers, but on March. 29, Fairfax County Chief Col. Richard A. King dismissed the charges.King said he accepted the decision of the trial board that found that Florence did not use "excessive physical force" in arresting Cadle. Brutality charges against the other two officers. Robert T. Hubbard and James F. Kelly Jr., were dismissed without a trial board hearing because of what King said was insufficient evidence.All three officers are currently on duty on the Fairfax County force.The grand jury probe is itself an outgrowth of an FBI investigation of the arrest, a Justice Department source said. It could not be learned yesterday who initially requested the investigation.A Justice Department official said that the department receives between 12,000 and 15,000 complaints a year against police officers, but that only about 80 of the complaints are taken before a grand jury. About 60 of the cases result in indictments, the official said.The official said the federal investigation is being conducted under the 1968 Civil Rights Act which makes officers who violated the civil rights of an individual subject to a fine of up to $1,000 and a year in jail."We're no different from any other police department in the country," said Fairfax Chief King yesterday. The grand jury investigation "of itself is not a conviction or a trial," he said.Since King dismissed the brutality charges, Cadle's father has filed a $20,000 damage suit against the officers in federal District Court.In their answer to the suit, the officers denied Cadle's version of the incident. They said in court papers, however, that "any injury or damage suffered by" Cadle was caused by his "wrongful acts and conduct and the willful resistance to a peace officer" in the discharge of his duties.The force used by the officers "if any . . . was reasonable and necessary under the circumstances" and was caused by Cadle's assault and battery on the officers, according to the court papers. Their actions were lawful and in self-defense, the officers said.