Prosecutor: Ex-officer knew homeless man who died

A former Fullerton police officer charged with the murder of a mentally ill homeless man had encountered the man seven times before the fatal clash and should have known his mental state, a prosecutor said.

The Orange County Register reported late Tuesday (http://bit.ly/1hhlPX4 ) that deputy district attorney Keith Bogardus is seeking to introduce evidence of the encounters at the trial of former officer Manuel Ramos.

In a motion filed Monday, Bogardus wrote that recordings of Ramos' conversations with Kelly Thomas in the 30 months prior to the fatal 2011 confrontation show Thomas had trouble understanding instructions.

"The prior conversations between Ramos and Thomas demonstrate that the defendant knew (or at least should have known) that Thomas suffered a mental disability," Bogardus wrote.

Ramos' lawyer John Barnett said his client did not connect Thomas to any prior contact during the July 2011 incident.

Ramos is charged with second-degree murder and involuntary manslaughter in Thomas' death. Opening statements in the trial of Ramos and former Cpl. Jay Cicinelli, who is charged with involuntary manslaughter and assault, are scheduled for Dec. 2.

A third former officer charged in the incident will be tried separately.

Prosecutors say Thomas was a victim of police brutality when officers used excessive force in the confrontation with him. Thomas died five days later.

Barnett said he wants to introduce evidence of other contacts Thomas had with authorities since 1996 because they show he attempted to mislead police.

"We are saying that Kelly Thomas fled and fought for a different reason," Barnett told the newspaper, "and that reason is that he was disguising his identity _ as he had many times before _ because he didn't want to go to jail."

Teacher seeks to interview police officer

The attorney for former Lakeland school teacher Matthew Stevens wants to interview suspended Scott Twp. Police Chief James Romano to determine if any information in a case against the chief is pertinent to his client's defense.
Attorney Joseph Caraciolo of Harrisburg recently filed a motion seeking court permission to interview Chief Romano, one of the officers who investigated allegations Mr. Stevens had sexual contact with a former student on numerous occasions in 2012.
Mr. Stevens was charged in February with institutional sexual assault, unlawful contact with a minor and corruption of a minor after the woman, then 18, came forward to allege she developed a sexual relationship with him at age 17, when she was a senior at Lakeland High School.
Two months after Mr. Stevens' arrest, Chief Romano was charged with intimidating a witness and other offenses for allegedly having sex with a woman who is a potential witness against Mr. Stevens. The 20-year-old woman came forward following Mr. Stevens' arrest to allege she, too, had a sexual relationship with him while a student at Lakeland. Mr. Romano is awaiting trial in that case.
The Times-Tribune does not identify victims of sexual assault.
In a reply to the motion filed in the Stevens case, Lackawanna County Deputy District Attorney Jennifer McCambridge said she does not believe Mr. Caraciolo has any legal authority to interview Chief Romano, but she will leave that decision up to Judge Vito Geroulo, who is presiding over the case.
It's not clear whether the woman in Chief Romano's case will be called to testify at Mr. Stevens' trial. In her reply, Ms. McCambridge said if the woman is called, her testimony would be used as character evidence against Mr. Stevens. The admissibility of her testimony is a matter that will be decided at trial, should prosecutors seek to call her, Ms. McCambridge said.
The interview of Chief Romano is among several pre-trial motions Mr. Caraciolo filed. He is also seeking to dismiss the charges and to suppress a recorded phone conversation between the victim and Mr. Stevens in which he allegedly made incriminating statements.
In the dismissal motion, Mr. Caraciolo claims Mr. Stevens' right to due process was violated because police have not provided specific dates on which the sexual contacts allegedly occurred, therefore he cannot prepare a proper defense. The affidavit says the offenses occurred on several occasions between January and September 2012, but does not provide specific dates for each offense.
In her reply, Ms. McCambridge said prior courts have said police are not required to cite specific dates in cases, such as this, that constitute a continuous course of criminal conduct over a period of time.
In the suppression motion, Mr. Caraciolo alleges the recording violated Mr. Stevens' constitutional rights. Ms. McCambridge contends the recording was legal because state law requires only one party give permission for police to intercept a conversation. The alleged victim signed a form consenting to the interception.
Judge Geroulo is reviewing the motions.

Officer charged with perjury in DUI testimony

A Newport News police officer has been charged with perjury after authorities said they found "discrepancies" in his testimony during a driving under the influence case in Newport News General District Traffic Court.
Newport News police were informed on Nov. 13 about the incident involving Officer Scott A. Mounger, 49, and began a criminal investigation. Police said the case was presented to the Commonwealth's Attorney's Office after "an extensive investigation" and multiple interviews.A special prosecutor was appointed. The prosecutor presented the case to a grand jury Monday. The grand jury indicted Mounger on one count each of perjury and falsely summoning or giving false reports to law enforcement officials.
Mounger was arrested at the department's South Precinct on Monday afternoon and later released on his recognizance by a magistrate. He is scheduled to appear in Circuit Court on Tuesday. Mounger has been placed on administrative leave without pay.
Mounger had been recognized in the past for having the most drinking-and-driving arrests in the department. He won the 2009 Chief's Award for the most DUI arrests in 2008, when he had 42. In 2007, he arrested about 60 drivers.
In a 2008 interview with the Daily Press, Mounger said he was determined to boost the number of DUI arrests after being assigned to the "target rich" Jefferson Avenue area of the South Precinct.
"In my own mind, I felt that DUI enforcement was an ignored problem," he said at the time. "I thought I'd take it on myself to see if I could get more DUIs on the precinct."
"I got aggressive and I kept thinking about something a previous officer when I was a young rookie told me, that I should identify a problem, go after it and try to be the best at it, he said in the interview. "I decided to make it DUIs. Before I knew it, I had 60."
Mounger joined the department in 2005.

FBI investigating alleged police brutality in Iberia Parish

NEW IBERIA — The Iberia Parish Sheriff’s Office has confirmed that the FBI is investigating alleged brutality by at least one deputy on Hopkins Street in September.
The deputy, who has not been identified by the department, was terminated earlier this month after he was videotaped allegedly hitting a handcuffed man who was sitting on the ground and leaning against a police car. The video, which was promptly posted on YouTube, was filmed as authorities attempted to clear Hopkins Street in New Iberia’s West End on a Saturday night during the Louisiana Sugar Cane Festival and Fair weekend.
“Sheriff (Louis) Ackal has asked the Federal Bureau of Investigation to investigate any possible criminal matters involving the incident,” Iberia Parish Sheriff’s Office spokesman Capt. Ryan Turner told The Daily Advertiser in an email on Monday.
Two civil suits were filed this month against the department for damages affiliated with the alleged misconduct. The mother of 17-year-old Ladaedrea Moore, who was arrested that night on charges including inciting a riot and resisting arrest, filed a lawsuit on her daughter’s behalf.
The video appears to show the teen being slammed to the ground by another deputy.
The civil suit names the sheriff’s office, Ackal, and deputies Cody Laperouse, Grant August, David Prejean and Trevor Picard.
Another suit filed by Charles and Emma Lewis names the same defendants along with deputy Damien Hebert and Sgt. Zachary Shaubert.
On Monday, the Rev. Raymond Brown, self-described civil rights activist and president of New Orleans group National Action Now held a brief conference at the steps of New Iberia City Hall to address his concern that Mayor Hilda Curry has done little to alleviate tension caused by local law enforcement specifically in the black community.
“She (Curry) is the top administrator of this city,” Brown said. “This is her city, and she should be concerned about her citizens being attacked in the streets where there is crime being committed by civilians or by the police.”
Curry said she agreed to hold a meeting with Brown and New Iberia Councilwoman Peggy Gerac but canceled the meeting after Brown sent a press release.
“He did request a meeting with me, and I agreed to the meeting because it just supposed to be Mrs. Gerac, myself and Mr. Brown,” Curry said Monday evening. “Then next thing I knew, he had put it out as a press release. So I canceled the meeting because that was not my agreement. My agreement was that we would have a meeting just the three of us to discuss whatever he has on his agenda.”

Brown has called for 16th Judicial District Attorney Phil Haney to indict the terminated deputy on criminal charges.

Million Mask March protester alleges police brutality

Yesterday was Guy Fawkes Day, and to mark the occasion, people across the globe took to the streets to take part in what was dubbed the Million Mask March.

In Denver, protesters, many of them wearing Fawkes masks, rallied downtown -- but when they marched on the City & County Building, the cops intervened. The result was six arrests and a claim of police brutality by at least one videographer.
Look below to see the footage, additional videos and photos.

This morning, Denver police spokeswoman Raquel Lopez was unable to provide us with much detail about the march, other than to confirm the arrests of six people: five adults and one juvenile. She added that "we had a police presence during the entire march, for the security of the community and the protesters as well."

Less than appreciative was Janet Wilson, who posted a video from the rally on YouTube along with this description of events:
A young man was grabbed from a group of protesters on the steps of City County building on Nov. 5th during the million mask march. As I was filming him being brutally arrested a cop brutally assaulted me by grabbing my fleece jacket and throwing me backward down a the steps. As I stumbled navigating the steps I flew down the steps, only to be saved from landing face down on the concrete by a guy who broke my fall at the bottom. I want to share this with everyone and hope that someone caught this police officer on camera. Also, I want to make sure that the young man arrested has proof of being brutally arrested this night. I did not see him doing anything that would warrant the kind of man handling he endured. This is outrageous and needs to stop. Please help circulate this video to show how the Denver police treat protesters.

Second Case of Police Brutality Against Dover PD

DOVER, Del. - Two stories. Two African American men. Two legal cases that are re-igniting questions about possible Dover police brutality.

Antonio Barlow and James Wilson are at the center of two separate lawsuits filed against Dover City Police.

"I'm already on the ground like this and he hit me again," said Wilson as he describes his ordeal.

Wilson says an officer hit him in the head with a blunt object twice. He says this all started when police initiated a search warrant of his downtown store in April. Wilson says investigators were looking for drugs.

"I supposedly sold (drugs) to a confidential informant, which produced probable cause. The police chief said when we had a police meeting that I sold to two undercover cops. I never got a charge for none of this. Somebody is lying," said Wilson.

Wilson says he is now suing Dover PD for $50 million.

According to a lawsuit filed by Wilson in the U.S. District Court, he names 10 law enforcement officials he's suing, including those from probation and parole.       
    
Police say they won't comment on a pending lawsuit.

Wilson says he initially got a call that someone may have robbed his store. He says he arrived to find another man being handcuffed by police. He says, while sitting in his vehicle, officers dressed in all black approached his car. He says one officer used his patrol car to block his vehicle, while another approached with his gun drawn.

"First, I just had my hands up. I saw the officer pointing the gun towards my face and walking towards me, my thought was, I know about black and black crime and about officers shooting unarmed victims, so I panicked out of fear," said Wilson.

He says he panicked and tried to speed off, but he says he hit a building and then ran into another vehicle, injuring people inside. Wilson says he also suffered injuries from the crash.
Wilson admits he's been in trouble with the law before, but says this time, he did nothing wrong.

"In a situation like this, it only creates a greater rift between the black community and the police department," said Wilson.

Interestingly, Wilson and Antonio Barlow are cousins.

A court date has not yet been set for Wilson.

Hallandale cop almost fired over 'joke that got out of hand'

Officer Thomas D'Orazio nearly lost his job after supervisors discovered he'd filled out community contact cards with fictitious names that were sexually explicit, records show.
He also filled the back of several Daily Activity Reports with swear words and childish phrases such as "stinky poo poo garbage."
 Chief Dwayne Flournoy threatened to fire D'Orazio, but union officials intervened and helped arrange a 10-day unpaid suspension instead, records recently released to the Sun Sentinel show.
"The officer understands the gravity of his mistake and was also very remorseful," Flournoy said. "It was a wakeup call to the officer and I'm glad he had an opportunity to come back to work."
D'Orazio, 30, had to sign a "Last Chance Agreement" saying that if he were caught making a similar mistake again, he would resign immediately and relinquish his right to union intervention. The agreement expires after two years.

16-Year Police Veteran Suspended With Intent To Dismiss

Philadelphia Commissioner Charles Ramsey has suspended 16-year police veteran Officer Ronald Dove for 30 days and plans to fire him.
An investigation into Dove’s actions began in September after a woman he was dating allegedly murdered her ex-husband.
Internal Affairs and the District Attorney’s office are now looking into that case and three others that Dove handled over the past four yearsDuring the investigation of the September murder, police seized Dove’s computer, iPad and SUV looking for evidence.
The police department has determined that Dove violated policy by failing to cooperate, and lying or attempting to deceive as part of that case.
Dove was suspended starting today.
The Philadelphia Police Department confirms this is an ongoing investigation.
An ongoing investigation in the Philadelphia police department has resulted in a detective being suspended with intent to dismiss. KYW’s Kim Glovas reports:
Commissioner Charles Ramsey has announced that 16-year-veteran homicide detective Ronald Dove has been suspended for 30-days with intent to dismiss. This after an investigation into Dove’s actions began in September after a woman he was dating allegedly murdered her ex-husband. Internal Affairs and the District Attorney’s office are now looking into that case and three others that Dove handled over the past 4 years. Onein May 2012 and two others in 2010. During the investigation of the September murder, police seized Dove’s computer, iPad and SUV looking for evidence. The police department has determined that Dove violated policy by failing to cooperate, and lying or attempting to deceive as part of that case.

Three St. Petersburg officers suspended, one resigns after pursuit complaint

ST. PETERSBURG — Three police officers have been suspended and a fourth has resigned after an internal affairs investigation into a complaint of an unauthorized police pursuit in the city's southern neighborhoods.
The investigation did not conclude that the officers violated the department's pursuit policy, but did find that officers broke other rules, including making "inappropriate and unprofessional comments over the radio."
"These statements involved conversations regarding a homeless individual, references about citizens' complaints and opinions regarding the department's use of force policy relating to discharging firearms at vehicles," states a memo from Luke Williams, assistant police chief, that was released to the media Thursday evening. "Each officer admitted their comments were inappropriate and should not have been spoken."
Williams' memo did not include more information about what the officers said, but more detailed reports from the investigation are expected to be released today.

The officers' comments were made on July 11, the day after an officer was fired and several others were disciplined for their roles in two incidents in which officers shot at suspects fleeing in cars. In one of those cases, an officer fired 13 times at a car with a 19-year-old at the wheel and a 15-year-old passenger; another officer shot at the car from 90 feet away and was later fired.
The department has had a long-standing section in its use of force policy that says officers should not fire at a moving car unless someone inside is armed and all other "reasonable means" to avoid the danger have failed. The policy also cautions officers to avoid stepping in front of cars.
Black community leaders lashed out at the Police Department after the incidents. They complained about the shootings, but also said officers did not respect — and in some cases harassed — black residents. They also were concerned about dangerous police pursuits, especially after Mayor Bill Foster loosened the chase policy in 2010.
On July 12, police Chief Chuck Harmon received an email from Lillian Baker, who questioned who had authorized a police chase the night before. Baker said the chase occurred at the intersection of 18th Avenue S and 37th Street as she was in her car with her brother and teen son.
Baker said she saw a police car run a red light as it chased a silver sedan. The police car did not have its flashing lights or headlights on, she said. She said a second police car also gave chase.
Baker said she could have crashed with the first police car had her brother not seen the chase and told her to stop.
Police officials determined three officers were in that area at the time and a fourth was talking with them on the radio.
Investigators determined that the officers were doing "proactive self-initiated activity within their area of responsibility … (that) gave the appearance they were pursuing a civilian vehicle," Williams' memo states.
But the investigation "did not provide conclusive evidence that a pursuit had been conducted. However, improper procedures were utilized. The actions and lack of actions taken by these officers on the night of the incident created a safety concern for themselves and other officers and civilians in the area. Further, their actions that night were not documented in any way," the memo states.
Officials also said the officers also did not tell dispatch what they were doing.
Officer Eric B. Galloway, 31, resigned in August. He would have received a five-day suspension. He had been an officer since 2011.
Officer David M. Kimes, 38, was suspended without pay for three days. He was hired in 2006.
Officer Robert J. Leoce, 38, was suspended without pay for two days. He was hired in 2003.
Officer Michael W. Carter, 41, was suspended without pay for two days. He was hired in 2003.
Chris Tisch can be reached at tisch@tampabay.com.