The problem of mentally unstable cops in America.

•Springdale, Pennsylvania: A police officer is facing federal charges after he allegedly punched and used a taser on a man who was in handcuffs. http://ow.ly/hCaGX  From Police Misconduct.

•Orange County, California: A sheriff’s deputy was arrested and charged with accepting bribes, including some connected to businesses, from a murderer inmate. He faces a maximum sentence of four years and eight months in state prison if he is convicted on all counts. ow.ly/hBVhC  From Police Misconduct.

•Update: Pasadena, California: A detective will be placed on administrative leave after a judge declared a mistrial in a homicide case because of the detective’s mishandling of evidence. ow.ly/hyCIF From Police Misconduct.

•East Chicago, Illinois: An 18-year veteran was indicted on 12 fraud charges relating to an alleged ghost payrolling scheme, federal court records state. “It is never good to see a police officer’s name on a federal indictment,” said the police chief. http://ow.ly/hCeBc From Police Misconduct.

•Twin Peaks, California: A sheriff’s deputy pleaded guilty to a grand-theft charge stemming from a salary-boosting scheme involving seven former department employees. They allegedly falsified department records to increase their pay. ow.ly/hykKA From Police Misconduct.

•Meigs County, Tennessee: An officer was arrested after being indicted by a grand jury on charges stemming from a shooting incident. He allegedly shot at his stepfather twice, although he did not hit him. ow.ly/hxX9a  From Police Misconduct.

•Philadelphia, Pennsylvania: A police officer has been ordered to serve six months in federal prison for his role in a multi-state steroid distribution ring orchestrated by a former police colleague. Both men were active-duty officers at the time of the activity but were later fired from the force. ow.ly/hxTE4  From Police Misconduct.

•Hendersonville, North Carolina: An officer was arrested for driving while under the influence. He was on-duty and in his highway patrol cruiser. ow.ly/hxRDU  From Police Misconduct.

•Los Angeles, California: Seven sheriff’s deputies have been notified that the department intends to fire them for belonging to a secret law enforcement clique that allegedly celebrated shootings and branded its members with matching tattoos. ow.ly/hxDPn From Police Misconduct.

•Memphis, Tennessee: A police officer who allegedly threatened a man has now been arrested on a charge of harassment. http://ow.ly/hysG3 From Police Misconduct.

•Mount Joy Borough, Pennsylvania: A police officer was suspended for two days without pay for unspecified misconduct. The discipline is the latest in several involving Mount Joy police. http://ow.ly/hysY0 From Police Misconduct.

•Cincinnati, Ohio: An officer admitted that he deposited money meant to avoid bank-reporting requirements in an alleged marijuana smuggling operation. http://ow.ly/hyuXR From Police Misconduct.

•Wilkes-Barre, Pennsylvania: An officer has been suspended with pay amid a police investigation into an “alleged excessive force incident,” city officials have said. ow.ly/hxYoa From Police Misconduct.

•Hale County, Alabama: A deputy has been indicted on charges accusing him of keeping drugs he acquired during investigations. http://ow.ly/hyEaX From Police Misconduct.

Mentally unstable cops: Cop Charged After Standoff State Police

Charlotte Co, VA - A former Farmville Police Officer is behind bars, charged with four counts of attempted Capital murder of a police officer and four counts of the use of a firearm in the commission of a felony, according to Virginia State Police Spokesperson Corinne Geller.
Captain Howard Hobgood of the Charlotte County Sheriff's Office says T.J. Long of Keysville shot at Charlotte County Deputies and State Police Saturday Afternoon nearly a dozen times on farmland near the Charlotte / Prince Edward County line.
Hobgood said deputies from his office were responding to calls from Long's wife, who was trying to locate him Saturday, when the shooting started.
State police say they were able to set up a perimeter around the property and that no Deputies or State Police Officers were injured during the shooting.
Long eventually surrendered to State Police around 5:20 p.m. Saturday, Geller said.
Captain Hobgood says Long is also a suspect in the arson of a home that Long owned off of Route 40 before the shooting incident. Long's wife lived in the home, but was not home at the time of the fire, Hobgood said.
The fire remains under investigation, Hobgood said.
Long is being held in the Piedmont Regional Jail, Geller said. 

Cop with mental health issues commits suicide in FDR Park

A Lower Merion cop suffering from mental health issues committed suicide in his car in FDR Park this morning, according to police and Lower Merion officials.
When Lower Merion Township Ofc. Sean Quinn, 46, did not show up for work as scheduled at 7 a.m. today, Superintendent Michael McGrath issued an alert to all area law enforcement agencies "out of an abundance of caution," according to a news release.
The release did not detail why Quinn's supervisors felt it necessary to notify other police departments that the officer was missing, but a city police spokeswoman said Quinn was believed to suffer from mental health issues.
Lower Merion Township public information officer Thomas Walsh declined to go in to detail regarding Quinn's mental state. He did, however, say the officer was not fired but just failed to show up for work.
Walsh said Quinn left his house after a fight with his wife Sunday night and did not return.
Quinn was last seen around 5:30 a.m. in Ardmore and last had contact with his family around 6:30 a.m. while he was in the Columbus Boulevard area, according to Lower Merion officials.
After Quinn's personal vehicle, a 2012 gray Ford Focus, was found at FDR park this morning, city police set up a perimeter around the park at Broad Street and Pattison Avenue in South Philadelphia, according to police.
Quinn was found inside the vehicle with a self-inflicted gunshot wound to the head, according to a news release from Lower Merion Township.
Lower Merion police called Quinn, who also worked as a D.A.R.E officer, "a respected veteran of the force." Walsh said he was the father of three adult children.
"He was just a very well liked and a well-respected officer here," Walsh said. "His fellow officers are trying to absorb this."
According to his LinkedIn profile, Quinn had 25 years experience in law enforcement and was nearing retirement. He was working on building an Internet shopping business, according to his profile.
In a statement, Lower Merion police Superintendent Michael McGrath said: "The Lower Merion Police Department wishes to express its heartfelt condolences to Officer Quinn's family and friends and asks that they be kept in your thoughts and prayers as we all try to come to terms with this tragic event."

Memphis police officer arrested on harassment charge

A Memphis police officer who allegedly threatened a Collierville man in October has now been arrested on a charge of harassment.
Darrell Malone, 26, was arrested Monday, but released on bail later that day.
The incident happened Oct. 24 near Germantown Parkway and Interstate 40. A motorist called police to report several motorcyclists driving recklessly. At that point, Malone, one of the motorcyclists, allegedly flashed a gun and said he was a cop. The motorist left, but said that Malone later contacted him on his cell phone.
Both Malone and dispatcher Jenny Rice, who was accused of providing Malone with the motorist's information, were suspended with pay.
It was unclear whether the harassment charge is related to this incident. No affidavit has been posted on Malone's arrest report, which is unusual. When contacted Thursday, Memphis Police spokesman Alyssa Macon-Moore was unaware that Malone had been arrested.

Memphis Police Officer Sentenced to 84 Months for Civil Rights Violations, Drug Conspiracy

U.S. Attorney’s Office February 01, 2013

Western District of Tennessee (901) 544-4231

MEMPHIS—Melvin Victor Robinson, 32, a former Memphis Police officer, was sentenced today to 84 months in federal prison following his guilty plea to civil rights violations and attempting to possess 10 kilograms of cocaine with the intent to distribute, announced U.S. Attorney Edward L. Stanton, III.
“This sentence should serve as an unequivocal warning that law enforcement officers who disgrace their badge and violate the public’s trust will ultimately be caught and prosecuted to the fullest extent of the law,” said U.S. Attorney Stanton. “We will continue to hold accountable anyone who engages in such conduct—including those who take an oath to protect and serve.”
In July, Robinson pleaded guilty to one count of attempting to possess a controlled substance with intent to distribute, in violation of Title 21, U.S.C. Section 846; one count of deprivation of rights under color of law, in violation of Title 18, U.S.C. Section 242; and conspiracy against rights, in violation of Title 18, U.S.C. Section 242.
On January 26, 2012, an informant contacted Robinson and contracted the sale and purchase of 10 kilograms of cocaine. According to facts stated in court, Robinson met the informant while he was on duty and in his police car. The informant told Robinson that the cocaine was stored inside a trailer located at a trucking lot in south Memphis. The informant then provided Robinson with the key and location of the trailer. Approximately 10 minutes later, special agents and task force oOfficers of the FBI saw Robinson get out of his police car and enter the trailer. Robinson later exited the trailer and placed a black duffel bag containing what he believed to be cocaine inside his police car.
Robinson also pleaded guilty to stealing money from Jwan Boddie. On November 14, 2011, Boddie was detained by Robinson during an arrest while Robinson was working as a MPD officer. According to facts stated in court, Robinson and his partner responded to a narcotics call at the Colonial Inn, where they found Boddie in his hotel room. During that search Robinson admitted to stealing $700 and later sharing the money with his partner.
Robinson also pleaded guilty to striking Jeremy Pettis during an arrest in April 2011. According to facts stated in court, Robinson detained and punched Pettis in the face while he was sitting in his vehicle.
“The criminal behavior of a police officer harms the integrity of all of law enforcement,” said Aaron T. Ford, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. “The hard work by the FBI and our law enforcement partners to investigate and prosecute this case stands as a reminder that the majority of law enforcement officers serve and protect their communities honorably.”
“This is proof that the judicial system works,” said Memphis Police Department Director Toney Armstrong. “Regardless of what position you hold, you will be held accountable for your actions if you choose to break the law.”
This crime was investigated by the Tarnished Badge Task Force, which is composed of investigators from the Federal Bureau of Investigation, Memphis Police Department, and Shelby County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Brian K. Coleman on behalf of the government.

Mateo Falconi, Florida Motorcyclist, Allegedly Beaten By Police After High-Speed Chase

Did Collier County (Fla.) Sheriff's officers go too far in subduing high-speed motorcyclist Mateo Falconi?
The 22-year-old released police video of the incident to the News-Press through his lawyers. The clip, which is now gaining attention on the Internet , appears to show the Fort Myers, Fla., resident surrendering to officers, and then getting punched, shocked and sworn at as he lays on the ground.
Falconi held a press conference Monday (watch below), claiming police used "excessive force." He announced that he planned to file a civil suit, WFTX reports. He has hired separate attorneys to handle the suit and to provide defense for his charges, which include fleeing the law, marijuana possession and resisting arrest without violence, according to the Fox affiliate.
According to the police report filed by arresting officer Robert Lewis III, Falconi reached speeds of 110 mph after Lewis spotted him going 65 mph in a 45 mph zone on Oct. 18. Falconi ran red lights in leading a five-minute chase, in which Lewis determined the traffic was light enough to pursue, the report states.
The edited video shows an unarmed Falconi stopping and putting his hands in the air before the confrontation started. He sustained bruises to most of his upper-body and had a head injury, the News-Press notes.
Collier County Sheriff’s Office declined comment to media outlets, but ABC-7 did publish a police statement that asks why Falconi was traveling at 110 mph and points out, in part: "Law enforcement officers are permitted to respond to resistance, whether it be verbal, passive, active or aggressive, for the safety of the public, the officer and the subject."

Chicago Police Department Brutality Costs Taxpayers Millions in Settlements

In December, I wrote an article for Truthout, "Federal Jury Finds City of Chicago Responsible for 'Code of Silence' in Chicago Police Department (CPD)."

"The jury for the first time in anyone's memory specifically found there is a policy of employing a code of silence," Locke Bowman, Professor of Law and Director of the Roderick MacArthur Justice Center at Northwestern University School of Law told Truthout. "It's terribly important."

Chicago Mayor Rahm Emanuel agreed to the $850,000 jury award to the plaintiff, a petite female bartender who had been pummeled and kicked by a drunken off-duty cop, but – in an unusual move – asked Federal Judge Amy St. Eve to vacate the finding of the existence of a "blue curtain" in the CPD.

The city lost its effort to make the finding of a "code of silence" disappear from the court record, in large part because Judge St. Eve had earlier found compelling evidence that the jury had acted with due prudence:

St. Eve also noted testimony from Steven Whitman, a statistician hired as an expert by Obrycka’s attorneys. Whitman found the rate of complaints of police brutality sustained by the police department was far lower in Chicago than in other cities.

Whitman found Chicago sustained as few as 0.5 percent of complaints in 2004, compared to a national average of 8 percent, according to a 2006 report by the Bureau of Justice Statistics. In the Grand-Central District, where the incident took place, not one of the 147 excessive force complaints filed between January 2005 and February 2007 was upheld.

Emanuel tried to draw a line between past police department abuse and current behavior, even though there is little data to show any significant improvement in breaking through the "code of silence."

On February 9, The Chicago Tribune reported:

In the latest hit to Chicago taxpayers for police misconduct, the city is expected to pay $4.1 million to the family of an unarmed man who was fatally shot by a patrol officer.

The proposed settlement on Monday's City Council Finance Committee agenda would end a legal battle over a controversial police shooting that was caught on video in 2011 and raised questions about the officer's fitness for duty. Mayor Rahm Emanuel's administration is also seeking approval for a $145,000 payout to a man who alleged he was handcuffed and held captive by police when he was 13.

The execution-style shooting was caught on videotape.

In January, The Tribune ran an article revealing that Chicago had also agreed "to pay $33 million to settle 2 cases of police misconduct."

Emanuel argues that most of the CPD misconduct was under his predecessor, Mayor Richard M. Daley.  But according to law professor Bowman, little has changed: "I have yet to see a case where one Chicago Police Officer testifies that another Chicago Police Officer did something wrong, unless compelled by a grand jury or other legal means to do so. I continue to believe today that the 'code of silence' is alive and well inside the Chicago Police Department."

The Chicago Police Department's history of "blue curtain" abuse extends back decades.  The most notorious case – which took years to result in conviction – involved Commander Jon Burge, who was belatedly convicted of torturing perhaps more than 200 arrested individuals, most of them black.  It was only in 2011 that he was found guilty for abuse that goes years back into the last century.  The city paid out nearly $20 million dollars to a plaintiff in one Burge settlement alone.  (More settlements are in the offing.) Moreover, Burge's brutally forced confessions were a contributing factor to then Illinois Governor George Ryan declaring a moratorium in 2000 on executions in the state.

In April of 2012, Truthout ran an article, "Unarmed Black Woman Shot and Killed by Chicago Police Officer Less Than a Month After Trayvon Martin Shooting." It was about the "collateral damage" gun death of 22-year-old Rekia Boyd, shot by a Chicago Police Officer who was upset about loud music in the city park across from his house.

A January 9 Chicago ABC News report indicates that the CPD is not providing any answers about the "investigation" of Boyd's death.

More than eight months later, ABC reports:

What has perplexed and angered Rekia Boyd's family is that they have not heard an official version of what happened, nor has there been an apology or a decision on discipline.

"I was looking at the paper yesterday and the talk about how the streets have a code of silence. What about the code of silence inside the police department?" said Sutton [Boyd's brother]. "You expect people on the street to speak, but you're not speaking when you take unlawful actions against us?"

Meanwhile, it appears it will be business as usual as the taxpayers pay for the "blue curtain" and lack of rigorous accountability in the CPD. As the ABC online article concludes: "An attorney for Rekia Boyd's family and a spokesman for the city's law department confirm that settlement discussions are underway in the Boyd lawsuit against the city."

Chickens come home to roost: Chris Dormer & Los Angeles police brutality

Los Angeles — To protect and serve? For a growing number of Los Angeles residents, that motto is now in question. This stems from recent incidents involving Chris Dorner, a former Los Angeles Police Department officer and veteran, incidents which have apparently made it acceptable for police to target with deadly force those whom they deem suspicious.
Dorner has been in the national news due to his alleged online targeting of LAPD officers. His “manifesto” details his eyewitness accounts of fellow police officers’ acts of racist violence. Administrators covered them up from 2005 to 2008, when Dorner was fired for supposedly lying about a training officer’s racist police brutality. Those officers and their co-conspirators allegedly are on his hit list, and their families targeted.
Police say that a named cop’s daughter and her fiancé, who were killed, may have been his first victims. Dorner allegedly shot two Riverside, Calif., cops, not on the list; one died. The LAPD police chief, Charlie Beck, is offering a million dollar bounty on Dorner for his capture.
Giving details in a sometimes meandering “manifesto,” Dorner explains the rage built up by experiencing racism since childhood. He discusses an incident that turned him towards violence: When he was with two other cops, one repeatedly used the “n” word. Dorner asked him to stop. When the officer refused, he choked him. The other officer, siding with the racist cop, attacked Dorner. The cops were reprimanded.
Dorner was fired in 2008 after he witnessed his white training officer, Sgt. Teresa Evans, kick an unarmed and handcuffed nonwhite man, Christopher Gettler, in the stomach and face. An LAPD Board of Rights hearing found Dorner guilty of filing a false report about this. Then, he was dismissed. Dorner said that Gettler and Gettler’s father testified in court that Evans kicked Gettler. Those claims were ignored.
Dorner’s post reveals that he is severely depressed and unconcerned about death. The police are using his meandering on topics as a reason to dismiss his in-depth allegations against the police. The cops insist they are right about their decision exonerating Evans of misconduct.
Are Dorner’s claims legitimate?
Former Los Angeles County deputy district attorney, Robin Sax, who is now Fox 11 News’ legal analyst, told the local TV station Feb. 7 that she uncovered the LAPD’s video interview of Gettler and 21 legal documents relating to incidents during Dorner’s LAPD employment, which Dorner had detailed.
Sax compared Dorner’s allegations against documents and said, “There were certain aspects that had this overwhelming feeling of truth to them.” She mentioned Dorner’s appeal of the Board of Rights’ decision to the Superior Court of California. The court stated that they couldn’t decide Evans’ guilt or innocence.
The LAPD ignored the court and protected Evans, reiterating that Dorner had filed a false report.
Dorner’s purported statements about police brutality resonate, especially in communities of color. He alleged, “I saw some of the most vile things humans can inflict on others as a police officer in Los Angeles … in … police stations and shops (cruisers). The enemy combatants in LA are not the citizens and suspects, it’s the police officers. …
“This department has not changed from the Daryl Gates and Mark Fuhrman days. Those officers are still employed and have all [been] promoted to Command staff and supervisory positions. … An officer … seen on … videotape striking [Rodney] King multiple times with a baton on 3/3/91 is … now a Captain. … Evans has since [been] promoted to Sergeant after kicking Mr. Gettler in the face. … Same as LAPD did with the officers … involved in the May Day melee at MacArthur Park. They promoted them to Sergeant.” (myfoxla.com)
The contradictions in Dorner’s political views and admission of mental health challenges in his alleged posts do not negate the legitimate rage he expresses surrounding incidents familiar to many.
One example confirming Dorner’s view of the LAPD arose during the police search for him, where public safety was their last concern.
On Feb. 7, police shot more than 40 bullets at 71-year-old Emma Hernandez and her daughter, Margie Carranza, 47, while they were delivering newspapers in their car. They didn’t have any connection to Dorner, but the police opened fire on them — without warning — because they wrongly perceived that their vehicle was the same type as Dorner’s. The cops were put on paid administrative leave for shooting the women, while Hernandez, who was shot twice in the back, is in intensive care.
Perhaps the racist injustice here is the reason why readers’ comments following online news stories and at progressive media websites reflect an overwhelming amount of empathy for Dorner, if not support. Despite all the pro-police TV shows and news, and justifications of police brutality, many people are unsympathetic to the police in this case. Many are openly showing their disdain for the police or sharing their experiences of racism and brutality.
Sax stated: “[Dorner] is shining a light on this. We’re getting [many] calls from people who want to share their experiences of potential racism, corruption and the code of silence.” She said that law enforcement individuals are reporting their experiences facing racism.
Perhaps this heat on the LAPD inspired Los Angeles Police Chief Beck to reverse his initial dismissive attitude towards Dorner’s allegations. On Feb. 8, he announced that he was reopening Dorner’s termination.
The violence of rage and war, and the loss of lives of noncombatants that are affected by this are unfortunate and tragic for the families involved. However, in evaluating any situation, an equal sign cannot be drawn between the victims of systemic racism and the overwhelming violence carried out by the LAPD and police forces countrywide that brutalize, terrorize and kill members of working-class communities, especially those of color.
The lack of health care for veterans suffering from post traumatic stress disorder and depression, who are discarded after their deployments abroad, must be addressed. The violent system that represses its population to maintain the status quo of haves and have nots must be addressed. History shows that the more people suffer unemployment, homelessness and an inability to attain basic needs, the more the state increases repression to squash protest.
What caused Dorner’s rage to build? This racist system, which he saw from inside the institution that’s designed to proliferate racism, sexism and homophobia, instill fear and promote violence.
If we want the violence to stop, it must be continually exposed. The police need to be disarmed not just in Los Angeles, but in Baltimore, New York City, Houston, Chicago and every city, large and small. U.S. wars at home and abroad must stop.

San Luis Obispo Police Officer Arrested on Federal Bribery Charges

U.S. Attorney’s Office February 05, 2013

Central District of California (213) 894-2434

LOS ANGELES—A detective with the San Luis Obispo Police Department was arrested this morning after being charged in a bribery scheme in which he allegedly took cash and narcotics from two individuals. In return, the police officer allegedly provided these “cooperating witnesses” with narcotics for their own use, as well as fake drugs to sell to drug dealers.
Cory Pierce, 39, of Arroyo Grande, was taken into custody this morning without incident by agents with the Federal Bureau of Investigation. Pierce was charged with one count of bribery in a criminal complaint filed yesterday in United States District Court in Los Angeles.
According to the affidavit in support of the complaint, Pierce is a six-year veteran of the San Luis Obispo Police Department who was most recently assigned to a narcotics task force with the San Luis Obispo County Sheriff’s Office. The complaint describes how Pierce cultivated two sources—identified in the complaint only as “CW1” and “CW2”—who have since cooperated with the FBI’s investigation.
After CW2 was arrested for heroin possession in 2011, CW2 and his girlfriend, CW1, agreed to cooperate with Pierce. But soon after they agreed to work with the police officer, Pierce made unusual requests for the informants to bring him narcotics. As the requests continued, Pierce allegedly provided placebo pain pills and real narcotics to CW1 and CW2. Pierce exchanged those pills and drugs for cash and various narcotics brought to him by the CWs, including oxycodone, heroin, and drugs that treat opiate addition, according to the complaint, which goes on to state that Pierce on several occasions provided CW1 with methamphetamine that was still in police evidence bags. The complaint alleges that CW1 obtained prescriptions for pain pills from her doctor and from emergency rooms to give to Pierce and that Pierce would provide her with money to purchase the prescriptions.
The complaint alleges that Pierce used his position as a police officer to influence CW2’s probation officer to perform little or no supervision of CW2 and informed CW2 that he could “work off” his heroin possession charge by cooperating with Pierce. The complaint goes on to allege that Pierce informed the CWs about ongoing police investigations, including where best to purchase narcotics and which drug houses to stay away from, so that they would not be caught purchasing drugs.
Pierce allegedly had the CWs set up a meeting with a drug dealer, and, following the meeting, Pierce pulled over the dealer’s vehicle over at gunpoint, seized morphine pills, and let the dealer go without making an arrest.
When the CWs advised Pierce that the drug dealers to whom they had sold the placebo pills realized they had received a deceptive product and wanted revenge, Pierce asked for their identities and indicated he would “take care of it.”
Last month, CW2 began cooperating with a federal investigation and recorded multiple conversations with Pierce. During those recorded conversations, Pierce allegedly instructed CW2 to sell placebo pills to a drug dealer for $11,000, money that was to be split between Pierce and CW2. On multiple occasions, Pierce asked CW2 for Suboxone, which is used treat opiate addictions, indicating that he was personally using the drug, according to the complaint affidavit.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Pierce will have an initial appearance before a United States Magistrate Judge later this afternoon in United States District Court in Los Angeles.
If convicted of the bribery charge alleged in the criminal complaint, Pierce would face a statutory maximum penalty of 10 years in federal prison.
This ongoing investigation was conducted by the FBI with the assistance of the San Luis Obispo Police Department and the San Luis Obispo Sheriff’s Department.

No surprise Denver police officers not charged in Landau beating case, experts say

Alexander Landau, pictured in May 2011, said he is disappointed but not defeated by a Justice Department decision that three Denver police officers who beat him in 2009 won't be charged with civil-rights violations. (RJ Sangosti, The Denver Post)

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Alexander Landau was shocked that the Justice Department opted not to charge three Denver police officers with civil-rights violations in his 2009 beating case. But Friday's news didn't surprise experts at all.

Taking police officers to court is a tough call for prosecutors, who must prove charges beyond a reasonable doubt in the face of politics, polarized perceptions of police and evidence that different people view differently.

Proving officers violated someone's civil rights is even more challenging because "they have to show not just overreaching and callousness, but did they mean to deprive someone of their civil rights?" said Eugene O'Donnell, a former police officer and prosecutor who is now a professor at the John Jay College of Criminal Justice in New York.

"People will be viscerally outraged, but prosecutors learn and know that the visceral outrage often will not see them through to a guilty verdict," O'Donnell said.

With the Justice Department's decision not to prosecute — and having already reached a $795,000 settlement with the city in a federal lawsuit — Landau and his supporters said Saturday that Manager of Public Safety Alex Martinez's pending discipline decision is essentially their last hope that the officers will be punished.

Landau's lawsuit said that Cpl. Randy Murr and Officers Ricky Nixon and Tiffany Middleton tried to cover up the Jan. 19, 2009, beating that left him scarred and suffering neurological damage. He said the officers hit him with their fists, flashlights and a radio and called him a racial epithet during the incident that started as a traffic stop.

Police, however, said Landau had reached for Middleton's gun.

The Police Department's internal-affairs bureau has completed its own investigation into the allegations, but leaders were awaiting the results of the Justice Department's probe before making a discipline decision.

Martinez said after a previously scheduled community meeting Saturday that he hoped to obtain information from the federal agency about its investigation "that may or may not add to the view we currently have of the situation."

He would not elaborate or offer a time for when he might issue his order.

Mu Son Chi, racial-justice and civil-rights director for the Colorado Progressive Coalition, said there is no reason to wait.

"These are different processes for different purposes," he said.

Chief Robert White declined to comment, as did Mayor Michael Hancock, who said he had been notified of the decision but had not had a chance to read it. Both were at the community meeting, which was not related to the Landau case.

The Justice Department did not respond to requests for comment.

The decision not to prosecute has made many in the community feel that civil lawsuits are their only recourse when they believe police have violated their rights, said Landau's attorney, Anna Holland Edwards.

"The public cannot rely on government prosecutors or internal audits to end these types of government abuses," she wrote in an e-mail Saturday. "Citizens must continue to demand that their elected representatives act and take their cases to court where juries can decide whether this kind of conduct is acceptable."

Cases against on-duty officers are easier to prove in civil court, where the standards of proof are lower, said Karen Steinhauser, former chief deputy district attorney in Denver who now has a criminal-defense practice.

"Police cases are just difficult to prove," she said. "Though jurors are instructed to look at every witness the same, we tend to look at law enforcement officers as being just that: officers who enforce the law and not break it. There's still a tendency of most people to look at officers and say, 'I can't believe they would do something like that.' It's the intangible that comes into play as far as proving these cases."

Sometimes the only witnesses are other officers, who are reluctant to testify against their own. And while evidence alone should determine whether charges are filed, O'Donnell said cases also rise and fall on a victim's credibility, officers' disciplinary records, politics, police-community relations and even a prosecutor's personality.

"No matter what they want to do, they have to say, 'Can this case be proven?' And most of the time, it's not proving the use of force," O'Donnell said. "It's disproving the cops' claim that it was legitimate. ... Proof beyond a reasonable doubt looks like an awfully big mountain to climb."

Landau, meanwhile, said he is disappointed but not defeated. He said he will continue to encourage others to come forward if they feel they have been wronged by police.

"There's got to be a way to make (the department) take these cases more seriously," he said

Morris County Man, Former Police Officer Charged with Attempting to Collect Debts by Extortion

U.S. Attorney’s Office February 08, 2013

District of New Jersey (973) 645-2888

NEWARK—A former Passaic Police officer and organized crime associate from Morris County, New Jersey, appeared in Newark federal court today on charges he attempted to collect a debt by extortion, U S. Attorney Paul J. Fishman announced.

Stefano Mazzola, 68, of Rockaway, is charged in a complaint with one count of using extortion to collect or attempt to collect a debt and to punish a person for non-repayment of a debt. Mazzola appeared this afternoon before U.S. Magistrate Judge Madeline Cox Arleo and was detained.

According to the criminal complaint:

In 2012, the victim obtained a loan of $30,000 from an individual, who subsequently transferred the loan to Mazzola. The victim periodically made payments on the loan to Mazzola. In late 2012, Mazzola began to threaten that if the victim did not repay the loan, he would physically harm the victim.

The victim made a number of consensually recorded phone calls to Mazzola, during which Mazzola threatened the victim. During a phone call on January 17, 2013, Mazzola acknowledged that an individual had transferred the loan to him, stating, “He gave me that debt; I’ve paid out $20-something-thousand, if not more, for him.”

Later in the conversation, Mazzola threatened the victim. “Let me explain something to ya, and I really mean this, and I don’t care who is listening to my phone or not, if I want to do something to ya, I don’t give a f—k if you give me a million dollars. If I’m looking to hurt ya; I’ll take the money and still hurt ya. It has nothing to do with it,” Mazzola said.

On another call that occurred on January 23, 2013, the victim told Mazzola, “You know you’re gonna get paid.” In response, Mazzola said, “You say you know I’m gonna get paid, I don’t believe nothing....If I write it off in my head, it doesn’t matter. Because I’m a firm believer in time....But listen, I know what I’m gonna do. ’Cause it doesn’t matter to me. It don’t matter whether it’s now or 10 years from now. It don’t matter. You don’t understand. You just don’t know me. I don’t give a f—k if an agent is listening.”

The charge of extortionate collection of a debt is punishable by a maximum potential penalty of 20 years in prison and a fine of $250,000.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez in Newark, and the Waterfront Commission of New York Harbor, under the direction of Commissioner Jan Gilhooly, with the investigation that led to today’s charges.

The government is represented by Assistant U.S. Attorney Lisa M. Colone of the U.S. Attorney’s Office Criminal Division in Newark.

The charge and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.

Aurora settles police brutality lawsuit;

AURORA - After a year-and-a-half of legal wrangling, the City of Aurora decided to settle a lawsuit accusing the police of brutality.

On December 18, 2010, officers handcuffed Ricky Burrell while he was in the middle of a seizure.

Burrell died in December of an unrelated illness.

As part of the settlement, the city will pay his estate $100,000 and officers are getting new training.

9Wants to Know obtained the 911 tape during which Burrell's wife Evelyn King tells dispatch repeatedly Burrell is fighting her.

From Aurora 911:

King: "He's had three seizures, he's a recovering alcoholic, but he's incoherent like he's having another one."
King: "He's fighting me."

Aurora police found Burrell unconscious and lying face down on the bed.

Burrell described his recollection of the incident in an interview with 9Wants to Know in May of 2012.

"To me I felt like I went to sleep. The next thing I remember I was being attacked by the police," Burrell said.

Burrell died of cancer in December of 2012.

A lawsuit filed before his death says officers mistook Burrell's seizure for resisting arrest.

Assistant Aurora City Attorney Peter Morales says the city still disputes some of the lawsuit's claims, including that officers broke Burrell's wrist while handcuffing him.

Morales says the decision to pay Burrell's estate $100,000 prevented the possibility of a more expensive trial.

"The fact of settlement does not mean any admission of guilt on the part of the city," Morales said.

Morales says seizure training for officers has been in the works since August of 2012.

"If we can teach them about those subtle signs to at least start asking maybe one more question will prevent an unfortunate situation," Morales said.

Jennifer Houston with the Epilepsy Foundation of Colorado is training all 650 Aurora police officers.

Aurora police are learning someone in the middle of a seizure is basically unconscious with their eyes open.

They might be confused, appear drunk or high, or even lash out unintentionally.

The foundation gets at least 15 reports a year from people across Colorado who have been falsely arrested for having a seizure.

"Knowledge is power. People can be very combative and it can be looked at as drug or alcohol intoxication," Houston said.

The foundation says more than 50,000 Coloradoans are living with epilepsy and 1 in 10 people will have a seizure in their lifetime.

Attorney Mari Newman sued the city of Aurora on behalf of Burrell and his family.

"Rickey and Evelyn's goal was always to make this world safer for people who suffer seizures like he does. To make sure this didn't happen to anybody else and they've succeeded in making that happen. So this is an incredible legacy for Rickey to leave behind," Newman said,

Training for officers will continue in Aurora through the end of the February.

Officer Charged With Threatening Man Who Called 911

(Memphis) An off-duty Memphis police officer, accused of threatening a man by getting the victim’s phone number from the 911 call center, is now under arrest.

Officer Darrell Malone will be prosecuted for harassment.

This comes more than three months after the incident was first reported.

The victim says he’s relieved the DA’s office is taking action.

“I’m tickled pink,” said Michael Montgomery, who thought the county forgot about his case.

“I had some real concerns that it was just being dropped.”

But it looks like someone believed he had one against Officer Malone.

He’s been arrested for harassment. Court documents show the officer turned himself in Monday after authorities issued a warrant for his arrest.

Montgomery first came forward demanding action back in October.

“It’s a complete abuse of power,” said. ”He stepped across a line that shouldn`t be stepped across.”

Montgomery says Malone flashed a gun at him on Germantown Parkway and threatened him.

When Montgomery called 911 for help, the off-duty officer was able to get Montgomery’s personal cell phone number from 911 Dispatcher Jenny Rice,.

Montgomery told us, “I got a phone call from a blocked cell phone number. It was the off-duty police officer again who had gotten my information from dispatch. He was making more threats to me.”

Since then, Montgomery has wanted Officer Malone charged with a crime, but MPD’s Internal Affairs Bureau decided Malone didn’t commit one and put him back on the job November 27th.

Now, the police department says he’s relieved of duty, again, but won’t say when that happened or why.

Montgomery’s just glad to know the system works, even if it takes a while.

“If you fight the system, it will work for you,” said Montgomery. ”You just have to knuckle down and bear with it. It may not be what you want immediately but in the end you are going to get your results.”

Officer Malone’s first court hearing has been set for April 5th. Montgomery says prosecutors tell him he has a right to attend all of Malone’s hearings but doubts he’ll go to them

Man claims false arrest by Cerro Gordo deputy

MASON CITY — A Hancock County man has filed a lawsuit against Cerro Gordo County and a sheriff’s deputy claiming he was falsely arrested and imprisoned.

Cody Kramer, 20, filed the lawsuit against the county and Deputy Mitchell Kruse.

According to the lawsuit, Kruse allegedly arrested Kramer on Aug. 28, 2012, and transported him to the Cerro Gordo County Jail where he was detained against his will for more than three hours.

During the time he was detained, Kramer allegedly was falsely accused of committing numerous burglaries in Cerro Gordo County.

According to court documents, the “unjust imprisonment” caused damages including deprivation of Kramer’s civil rights, humiliation, severe mental distress, damage to his reputation and exposure to public hatred and ridicule.

Kramer is also claiming his constitutional rights, including the right to be free from unreasonable searches and seizures and free from an arrest in the absence of probable cause, were violated.

Kramer is demanding a jury trial and seeking an unspecified amount for actual and punitive damages plus interest.

According to online court records, Kramer was not charged with any crime in August 2012.

— By Laura Bird

Officer suspended over tavern fight

MUNCIE — City police officer Bret Elam will be suspended for 10 days without pay and enter a diversion program in the wake of allegations he beat a man in a local tavern.

Madison County Prosecutor Rodney Cummings on Friday issued a report indicating he would not file criminal charges against Elam or ex-Muncie Police Chief Joe Winkle.

Cummings had been appointed to evaluate allegations that, in separate incidents, Elam and Winkle struck patrons at the Silo, 223 S. Walnut St., in the early morning hours of Dec. 9.

Both men were part of a group of revelers that left a Christmas Party that night at the eastside Fraternal Order of Police lodge and rode a bus to the downtown bar.

In his report, filed in Delaware Circuit Court 1, Cummings said his investigation determined the Silo was the site of “after-parties” for participants in two holiday gatherings, one originating at the FOP and the other for a local hair salon.

“The evidence suggests that most individuals in the respective parties, including most of the named witnesses and participants in the two conflicts under investigation at the Silo Bar, were heavily intoxicated,” Cummings wrote.

Cummings said there was “evidence to believe” Winkle struck a man in the tavern, inflicting a “minor injury to his left eye.”

But the Madison County prosecutor said he “developed serious reservations about the veracity and credibility” of Winkle’s accuser, saying the man became “confrontational, belligerent and accusatory” when questioned about inconsistencies in his accounts.

The man’s “hostility and lack of cooperation are so profound that I am so unwilling to call him as a witness in any proceeding that I have responsibility to prosecute,” Cummings wrote.

“Therefore, no charges will be filed against Joseph Winkle.”

After the incident involving Winkle, Cummings said, the former police chief left the tavern.

At that point, participants in the hair salon after-party “became angry, and confronted” Winkle’s son, Chase.

“A large angry crowd cornered Chase and his date in a very threatening manner,” the prosecutor said.

Elam came to the younger Winkle’s defense by confronting “the loudest and most outspoken member of the group confronting Chase Winkle,” according to the special prosecutor.

In an ensuing “physical struggle” with Elam, that man “sustained minor injuries to his lip, left ear, left eye and scalp.”

Cummins said his decision to allow Elam to enter into a diversion program — avoiding prosecution if he in no way harasses his alleged victim, or otherwise violates the law, for six months — was based on the officer’s lack of a prior criminal record and because “his actions were provoked by the alleged victim.”

Muncie Police Chief Steve Stewart said Friday that Cummings had contacted him and asked what internal sanctions Elam would likely face over the Silo incident.

Stewart said Elam’s 10-day suspension — which begins Monday — would have been imposed even if the special prosecutor had taken no action in the case.

Cummins was appointed to evaluate the incidents because Delaware County Prosecutor Jeffrey Arnold, who had also attended the earlier FOP party, was at the Silo that night.

Drug dealing cops, drunk cops, murdering cops, where the hell is the justice department?

Minneapolis, Minnesota: A state trooper, who was named Cop of the Year in 2002, has been found guilty of theft by swindle and four counts of forgery. She took $1,500 from the International Association of Women Police, and when a coworker discovered the money missing, she falsified a checkbook register and financial records in an attempt to make the withdrawal appear legitimate. She resigned after the incident. ow.ly/hvr2z

Nelsonville, Ohio: An cop was in court on a third-degree felony charge of tampering with evidence levied against him. He is on paid administrative leave. http://ow.ly/hvGuy

Update: Albemarle County, Virginia: A now-former police lieutenant has pleaded guilty to embezzlement and was sentenced to 10 days in jail. He later returned the $380 that he stole from a petty cash fund. The lieutenant had been an cop for 27 years. http://ow.ly/hvNSU

Madison County, Tennessee: Two former law-enforcement cops were in court, on unrelated charges. One was being charged with stealing money from the passenger in a car. The other has been charged with attempted first-degree murder, employing a weapon during the commission of a dangerous felony, aggravated kidnapping, and aggravated assault. http://ow.ly/hvR6S

•Somerset, Massachusetts: An cop has been arrested and charged with larceny under $250 by false pretenses, two counts of possession of a class E substance and two counts of possession of a class C substance. http://ow.ly/hvU4m

•Bismarck, North Dakota: An cop has pleaded not guilty to roughing up suspects during two separate arrests. A grand jury indicted him on four counts. http://ow.ly/hw4Jv

•Alger County, Michigan: A deputy is facing possible charges following the investigation into an alleged assault of an inmate. The deputy is now on administrative leave. http://ow.ly/hw98j

•Naperville, Illinois: The wife of a man killed in a motorcycle accident involving a state trooper has filed a wrongful-death lawsuit, blaming the cop. ow.ly/hwaVa

•Swansea, Massachusetts: A long-time police cop is facing drunken driving charges. He reportedly left the scene of a crash; the responding cop claims the offending cop drove over a snow bank and away from the cop when he first approached the car. ow.ly/htTg9

•Abita Springs, Louisiana: A police lieutenant was found guilty of cocaine distribution. He was sentenced to 35 years in prison after a judge decided that he fit the definition of a habitual offender. ow.ly/htPzr

•Henderson County, North Carolina: A state trooper has been arrested for driving while under the influence of alcohol. His driver’s license was immediately revoked during his arrest, and he resigned from his position. ow.ly/htCmV

•Martinsburg, West Virginia: A woman has filed a lawsuit against a sheriff’s deputy and the Berkeley County Council for being falsely arrested and wrongfully imprisoned after spending a night in jail. ow.ly/ht6nj

•Houston County, Georgia: An appeals court affirmed a federal court ruling that a former state trooper did not have arguable probable cause to arrest a man who cursed him during an incident. They found that the man’s speech was protected.  ow.ly/ht4mB

•San Luis Obiuspo, California: A detective has been arrested by the FBI and charged with one count of bribery in a criminal complaint. The Department of Justice Report says, “he allegedly took cash and narcotics from two individuals. In return, the police cop allegedly provided these ‘cooperating witnesses’ with narcotics for their own use, as well as fake drugs to sell to drug dealers.” ow.ly/ht3V2

•Miami-Dade, Florida: The police department has fired a sergeant and two cops and suspended three others without pay in what is considered one of the worst incidents of delinquency in the department’s history. The accusation include: failing to respond to emergency calls, pretending to be on calls when they weren’t and falsifying police records. ow.ly/hrQER

•Indianapolis, Indiana: An cop has been charged with three counts of robbery and three counts of official misconduct. He is accused of robbing men during traffic stops. ow.ly/hredj

•Tattnall County, Georgia: A deputy was sentenced to nine years in prison for selling illegal drugs he stole from the evidence room. ow.ly/hrd95

•Fountain Hill, Pennsylvania: An cop has been fired. He allegedly used “unreasonable force” on a suspect in custody and then lied about the incident. The mayor recommended he be fired for “conduct unbecoming a police cop.” ow.ly/hr9wW

•Philadelphia, Pennsylvania: A police cop has been charged; he fired 13 bullets in the direction of a building. After the police were called to the scene, he made a false 911 call to distract them. http://ow.ly/hoLTn

Update: Miami, Florida: Another cop has been charged. He recently resigned while under investigation and pleaded guilty to extortion charges. The charges are related to a FBI corruption probe involving a police-protection racket for a sports-betting ring operating out of a barbershop. http://ow.ly/hoOnU

•Hanford, California: An cop entered a no-contest plea to carrying narcotics with intent to sell. He has resigned from the department. Two witnesses testified that the cop supplied them with prescription drugs, drug paraphernalia, and meth. http://ow.ly/hoWmD

•Independence, Iowa: A police cop who had an expired driver’s license when his cruiser hit a woman’s car is being sued. A councilman says that they city will defend the cop, but that the cop clearly screwed up and got caught in this situation. ow.ly/hnX7K

•Quantico, Virginia: Virginia State Police are conducting a criminal investigation of the Quantico Police Department after an audit revealed $1,000 in cash was missing, along with marijuana and a handgun belonging to the police chief. The chief resigned after he took a polygraph test. http://ow.ly/hjnYw

•Boulder City, Nevada: Police Lieutenant Pieter Walkers murdered his wife and son before committing suicide. http://ow.ly/hjohH

•Petersburg, Virginia: The son of the police chief, also a police cop, is facing a DWI charge and allegations of driving that could have endangered lives. He failed all standard field sobriety tests and refused a breath test. Another cop obtained a warrant for his blood, but test results have not yet returned an exact blood alcohol content reading. http://ow.ly/hkjq6

•Huntington, West Virginia: A men has filed a federal lawsuit against a police cop and the city, alleging the cop violated his civil rights by beating him with a deadly weapon after he had been handcuffed. http://ow.ly/hkmdl

•Update: Everett, Washington: The death of a mentally ill man at the jail has been ruled a homicide. Homicide is a medical term that means a person died as a result of another’s actions. It is up to police and prosecutors to decide whether those actions may constitute a crime, such as manslaughter or murder, or were legally justified. Police officials said the case remains under active investigation. http://ow.ly/hkn2H

•Dayton, Ohio: A lawsuit filed by a mother and her mentally challenged son against the city and two police cops has been settled for $10,000. The suit claimed police cops assaulted the boy after mistaking his speech impediment for disrespect. http://ow.ly/hknDO

•Update: Culpeper, Virginia: A jury found an cop guilty of manslaughter in the fatal shooting of an unarmed woman. He could be sentenced to up to 10 years in prison on the 

manslaughter conviction, one to five for shooting into an occupied vehicle and two to 10 for shooting into a vehicle resulting in death. http://ow.ly/hkpdV

•Update: San Diego, California: Six women arrested during the Occupy protests are suing the law enforcement agencies over a range of alleged civil-rights abuses. One has said that law-enforcement cops used excessive force to arrest her. ow.ly/hlpb7

•Camden, New Jersey: An cop was sentenced to 46 months in prison. While in uniform and on duty, he engaged in a conspiracy with other cops to deprive individuals of their rights by charging them with planted evidence; threatening certain individuals with arrest using planted evidence if they did not cooperate with law enforcement; conducting illegal searches without a search warrant or consent; stealing money during illegal searches and arrests; paying for cooperation and information with illegal drugs; failing to report found drugs and stashing them to use as planted evidence; and preparing false police reports or testifying falsely in court to conceal his actions. ow.ly/hlmSO

Plaintiff alleges he was incarcerated for 33 days

Second officer charged with sexual assault of a female inmate

MARIETTA — A second sergeant with the Cobb County Sheriff’s Office has been arrested and charged with sexually assaulting an inmate.

Sgt. Kristopher David Travitz of Douglasville, a 14-year veteran with the agency, was arrested Saturday and charged with sexually assaulting a female inmate, according to a criminal warrant.

The incident occurred between Oct. 21, 2010, and March 7, 2011, in a vehicle while the inmate was being transported from one building to another at the Cobb County Jail, Sheriff Neil Warren said.

Travitz, 37, served as supervisor over the work release program at the time of the alleged incident.

Travitz was immediately fired Saturday, Warren said. He is now being held without bond in the Bartow County jail.

The case follows the Jan. 17 arrest of Sgt. Blake Sutherland, who was charged with aggravated sexual battery and sexual assault of an inmate after she complained to authorities.

Warren launched an investigation, which resulted in Sutherland’s arrest and termination.

Sutherland, whose bond was revoked, is being held in the Douglas County jail.

At the time, Warren told the Marietta Daily Journal he would find out how the assault happened. During the course of the investigation, Warren said investigators heard rumors that led them to question another woman, who had since been released from custody.

“We had to seek her out once we found out about this information,” Warren said. “She told our investigators during the interviews what took place.”

When questioned about the 2010 incident, Travitz allegedly lied to investigators that the inmate never visited him at his house. In fact, a GPS tracker attached to her ankle by Cobb Drug Court revealed that she was at his house for about 45 minutes, according to the warrant.

Warren said potential employees are subjected to rigorous background checks, including a psychological evaluation.

“There was nothing, nothing in their backgrounds to indicate he or Sutherland, either one, had an issue being — I’m going to say acting in a perverted way because to me it is perverted,” Warren said. “I’m embarrassed. I’m embarrassed for the dedicated men and women of the Cobb County Sheriff’s Office. They work hard, and this looks so bad, and I know it does, and I’m not going to stand for it, and I’m going to continue to find out why it’s happening, and if it’s happening, I can assure you I’m going to bring it to the forefront and do my best to have them prosecuted to the fullest extent of the law.”

In addition to sexual assault by a law enforcement employee, Travitz is charged with violation of oath by a public officer, aggravated sexual battery, false statements or writings, concealment of facts or fraudulent documents in matters of government. All are felonies.

The officer accused of holding a gun to another man’s head at a party

The growing issue of mentally unstable cops................ 

Grand Forks, North Dakota: The officer accused of holding a gun to another man’s head at a party pleaded not guilty in court. He faces a mandatory minimum of two years in prison if he is convicted because a weapon was used. The felony charge of terrorizing carries a maximum prison sentence of five years. ow.ly/hjckH

From Police Misconduct.Net

Why we Need National Mandatory IQ Testing for Cops: Ensenada Cop accidentally shoots self in head

Why we Need National Mandatory IQ Testing for Cops: Ensenada Cop accidentally shoots self in head

Officer allegedly kills himself while playing with gun off-duty.  Cops were called to the scene of an accidental shooting in Ensenada on Monday, January 21st, slightly after midnight. When officers arrived at the private residence they found an off-duty municipal cop, Fernando Enciso Contreras, dead with a gunshot wound to the head. Two witnesses at the home, one whom is also a cop and owner of the residence, claim that the victim pulled the gun playfully from his pants and accidentally discharged it aiming at his head. Baja state police and prosecutors are investigating the case as a possible homicide.