Fairfax County Police Watch: 06/02/14

Prosecutor looking into arrest of special cop in Clifton gun thefts

BY JEFF GREEN

CLIFTON — Passaic County Prosecutor Camelia Valdes on Thursday said she was instructing her staff to determine whether she should intervene in a Clifton Police investigation of an alleged handgun theft by a special police officer.

Clifton police charged Nayeska Bermudez, 36, a special police officer working in Guttenberg, with theft of firearms this month but initially withheld information about her arrest. Documents released Thursday also showed the police charged her with a third-degree crime, which is an indictable offense and punishable by up to five years in prison. Bermudez was issued a summons to appear in Municipal Court. She was released without bail.

Valdes said her office was not involved in the case and had not been notified. "I'm not familiar with it at all, because it's not here," she said, meaning a case file is not in the prosecutor's office.

Valdes said that while she did not know the details and didn't cite specific issues, she was concerned about how the case was being handled. Valdes said she would instruct Paul DeGroot, an assistant county prosecutor who handles public integrity cases, to contact Clifton Police today.

Documents released on Thursday showed that Bermudez, a Clifton resident, was accused of stealing two 9mm Glock handguns from a Union City police officer who also lives in Clifton. The guns were not recovered.

The Union City police officer from whose home the weapons allegedly were taken declined to comment. Bermudez could not be reached.

On May 15, The Record reported that Detective Sgt. Robert Bracken confirmed there was an ongoing investigation into a complaint police received about a theft of firearms in Clifton. He declined to release details of the case, saying that criminal charges were being considered. However, a booking sheet obtained last Friday through a public records request showed that Bracken had arrested Bermudez and charged her on May 8. Police are required to release certain information to the public about arrests within 24 hours.

On Thursday, Bracken told The Record that he did tell a reporter that charges had been filed during the May 14 interview, and that a summons had been issued, but that he was compelled to withhold key details about the case because it was under investigation and because it may have involved domestic violence.

"I don't hide anything," Bracken said. "All I've done is withhold information that's sensitive to an investigation. I never give any falsehoods or anything else."

Bracken disputed that he was the arresting officer, saying he didn't know how his name was listed as such on the booking sheet. He said he was "involved in the investigation" but that his detectives "worked the job."

Documents provided by City Attorney Matthew Priore list Bracken as the lead investigator and complaining party in the case.

Police Chief John Link was not available for comment on whether the investigation was being properly handled.

The motive for the alleged gun theft remains unknown. But it's apparent that Bermudez has had a close relationship with the police officer from whom she is charged with stealing the guns. "You look great, Hottie!!!" she wrote in a comment on a photo of the man on Facebook. "I wonder who took such a nice pic. … Lol."

Michael Caliguiro, Guttenberg's police director, said Thursday that an internal affairs investigation was under way but he could not comment on whether Bermudez had been suspended. She became a special police officer in January 2013 and remains employed, he said. Special police officers are part-time officers, sometimes paid by the hour, who often are assigned by departments to parking and traffic enforcement.

Former Romulus police chief pleads guilty in corruption case

By Jackie Harrison-Martin

The News-Herald

DETROIT — Several weeks prior to going on trial for numerous charges in a corruption case, a former Romulus police chief has pleaded guilty.

Michael St. Andre was set to go on trial next month, but pleaded guilty to racketeering, embezzlement and misconduct charges Wednesday in Wayne County Circuit Court.

Sentencing is set for Oct. 17 before Judge Michael Hathaway.

St. Andre’s wife, Sandra Kay Vlaz St. Andre, also faced charges stemming from the corruption case and was convicted in a jury trial in February.

She was convicted of acquiring/maintaining a criminal enterprise and criminal enterprise-conspiracy, failure to file taxes/false return and receiving and concealing stolen property.

She was sentenced to 7 to 20 years.

Former detectives Richard Allan Balzer, Richard Bruce Landry, Donald Ralph Hopkins, Jeremy James Channells and Larry Droege, also were charged in the case.

Droege was found guilty of misconduct in office and neglect of duty and Channells was found guilty of two counts of misconduct in office and neglect of duty in early March.

Trials for the remaining officers are set to take place in August.

It is alleged that between January 2006 and September 2011 each repeatedly made, or assisted others in making, material misrepresentations of fact in connection with expense reports they submitted in an effort to seek improper reimbursement; created fraudulent documents to support improper expenditures of drug forfeiture funds; obstructed justice; made false statements in police reports; and ultimately misused Romulus funds for their own personal gain.

Prosecutors said the drug forfeiture money was used to buy a tanning salon for Sandra Kay Vlaz St. Andre, as well as pay for prostitutes, marijuana and alcohol.

Lawsuit accuses San Benito officials, police of false imprisonment, conspiracy

Kayleigh Sommer | Valley Morning Star

SAN BENITO — A lawsuit has been filed against the city of San Benito accusing local police and city officials of false imprisonment, malicious prosecution, conspiracy, negligence and intentional infliction of emotional distress.

San Benito resident Alfonso Benavides filed the lawsuit May 7 in the 357th state District Court in Brownsville.

Named as defendants are the city of San Benito, then-Mayor Joe H. Hernandez, City Manager Manuel Lara, Police Chief Martin Morales Jr., Assistant Police Chief Michael Galvan, Officer Greg Monroe, Detective Michael Cortez and Sgt. Isaac Vasquez.

Other defendants named are Justice of the Peace David Garza and another San Benito resident, according to the lawsuit.

Benavides claims in the lawsuit that the defendants conspired together to arrest him in May 2012 after the police said the parent of a runaway boy, then 14, complained that Benavides was housing the boy at his Combes Street home.

Benavides was charged with a Class A misdemeanor of harboring a runaway child and was jailed at the Carrizalez-Rucker Detention Center in Olmito on $3,000 bond.

Those charges were later dismissed.

Benavides is seeking $1 million in damages on each of the five counts, alleging he suffered mental anguish, physical pain and suffering, and depression.

Former City Attorney Janice Cassidy, Benavides’ legal counsel, was unavailable for comment Wednesday.

Attorney Ricardo Navarro of Harlingen, San Benito’s legal counsel, said, “We don’t really comment on pending litigation.”

In January 2012, Benavides filed a complaint that led to a two-count indictment against Hernandez, charging him with abuse of official capacity and tampering with evidence. The first charge was dismissed after a one-year pretrial diversion and the tampering charge was dismissed outright.

Hernandez was acquitted of another charge last year after he was accused of threatening Benavides and former City Commissioner Ricardo Rodriguez.

Hernandez has repeatedly denied accusations that he threatened to burn down Rodriguez’s house last October.

When contacted Wednesday, Hernandez said the lawsuit is “regarding the city and I prefer not to comment.”

Attempts to reach Lara by phone were unsuccessful.

US judge OKs Occupy Philly lawsuit against police; protesters claim false arrest, retaliation

By MARYCLAIRE DALE

PHILADELPHIA — Occupy Philadelphia protesters can go forward with a lawsuit accusing police of unlawful arrest, retaliation and other civil rights violations, a federal judge ruled Thursday.

More than two dozen protesters sued after they were acquitted of criminal charges stemming from their November 2011 clash with police. The confrontation came as city officials urged the protesters to move after seven weeks outside City Hall.

Philadelphia police arrested the protesters even though they complied and marched through downtown, the lawsuit said. They were charged with conspiracy, failure to disperse and blocking a roadway.

In Thursday's ruling, U.S. District Judge Berle Schiller upheld most of their claims, including retaliation, unlawful arrest and malicious prosecution. He dismissed their excessive force and illegal search claims for lack of evidence.

"You can't tell people to do something, and then when they comply with an arguably illegal order to begin with, arrest them, and charge them, when they're simply exercising their constitutional rights," Lloyd Long III, a lawyer for the protesters, said Thursday.

A city solicitor did not immediately return a call for comment. However, in court papers, she said the lawsuit failed to specify which officers and plaintiffs were involved in each of the various allegations.

The protesters had set up camp in October in solidarity with Occupy Wall Street protesters in New York, speaking out against economic inequality and alleged corporate greed. City officials evicted them at the end of the next month, citing long-planned renovation work at the site.

The defendants include Police Commissioner Charles Ramsey and other police supervisors and officers. The lawsuit seeks unspecified damages.

Judge deliberates in case against Howard officer involved in Anne Arundel collision

|By Luke Lavoie,

An Anne Arundel County judge heard closing arguments Wednesday in the case against a Howard County police officer charged with assault in connection with a June 2013 wrong-way collision in Anne Arundel that injured a family of four. Circuit Court Judge Paul F. Harris Jr., who is presiding over the trial, said he will deliver his decision on June 23.

A volunteer police officer in south central Louisiana

UNSET, La. (AP) — A volunteer police officer in south central Louisiana has been charged with stealing a bag of prescription pills from a police department evidence room.

Sunset Police Chief Alexcie Guillory Sr. tells The Daily World (http://bit.ly/1lTIxkG ) that 39-year-old reserve officer Ronald Anthony Duplechain (DOO'-plih-shahn) Jr. of Port Barre was arrested Sunday on a charge of malfeasance in office.

Guillory says his department began investigating Saturday when someone told him that evidence was missing. He assigned Assistant Chief Kevin Pugh to the case.

Pugh says the office's video surveillance system shows Duplechain entering the police department on Friday and removing an evidence bag containing pills that had been seized as part of a traffic stop earlier in the day.

It was unclear if Duplechain has an attorney.

Bennington County officer denies charges

Mike Donoghue,

A longtime Bennington County police officer denied criminal charges of sale and possession of prescription drugs, extortion and neglect of his official duties.

Gary Harrington, 41, of Arlington also pleaded not guilty in Vermont Superior Court in Bennington to a charge of forgery of insurance records.

Harrington, who served as a deputy sheriff for about 18 years, had his girlfriend sell prescription painkillers for him, court records show.

Bennington County Sheriff Chad Schmidt said he fired Harrington Wednesday night as he was arrested by Bennington Police. Cpl. Harrington's uniforms, gun and police gear were seized, Schmidt said.

Sheriff's deputies also seized more than 800 pills at Harrington's home after his wife consented to a search, police said. The drugs included morphine, codeine, oxycodone and methadone, court records show.

Harrington worked full time as an emergency dispatcher on the midnight shift for the town of Manchester. Police Chief Michael Hall announced Thursday that Harrington was fired as a dispatcher and his appointment as a special part-time officer for the town was revoked.

Hall said Harrington worked for Winhall Police and the Vermont Probation Department in between his two stints in Manchester.

A police affidavit reported a women, Rebecca Amidon, 28, of Bennington said she had been in a relationship with Harrington, who is married, since meeting through Facebook in November or December 2013.

Bennington County State's Attorney Erica Marthage said the case began as an investigation into possible forged insurance papers for Amidon and escalated into drug and extortion cases. Marthage filed three felony drug sale charges and seven possession charges.

Marthage praised the sheriffs department and Bennington Police for swift action by completing the investigation in about one day after getting a complaint.

Amidon said she was in a March car accident and had no license or insurance, but Harrington provided her with an insurance card, which proved to be counterfeit, police said.

The crash was investigated by the Bennington County Sheriffs Department and Harrington provided a copy of an insurance card to another deputy, who later reported it disappeared from his work space, police said.

Later as their relationship further developed, Amidon said Harrington gave her a handful of pills in late April or early May, police said. Amidon told investigators she sold them for Harrington and turned over the profits to him, Bennington Sgt. Michael W. Plusch said in a court affidavit.

Plusch said Amidon reported Harrington later arrived at her Bennington home in a police cruiser and in uniform and provided her $350 worth of Vicodin. Amidon said she again turned over profits from the sales to Harrington, police reported.

The final drug case came Monday after Harrington provided her five suboxone lingual strips worth $100 to sell, police said.

The following day Harrington and Amidon had a falling out. Amidon provided police with a Facebook post that indicated Harrington threatened her with possible arrest, police said.

"Don't contact me anymore or I will have you arrest with something. I am done after that out burst ..." it stated in part, police said.

Bennington Police arrested Harrington on Wednesday night and held him overnight for lack of $10,000 bail.

Judge Nancy Corsones agreed to continue bail at the same amount.

Defense lawyer William Wright questioned the validity of the seven drug possession charges. He noted Harrington suffers from back pain and the prescribed pills are valid, but old.

Schmidt, the county sheriff, said information initially surfaced Tuesday about possible employee misconduct within his department and he contacted Bennington Police Chief Paul Doucette to start an investigation.

Schmidt said Harrington was assigned to do outside security work at Mount Anthony Union High School during lunch periods and also served civil process.

"Let me be clear that the investigation has uncovered no criminal activity conducted by Mr. Harrington while on duty at the high school," Schmidt said.

He said there is no evidence that the drugs had been seized during his police duties.

Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com.

Former Santa Rosa junior college cop sentenced for stealing $100,000 in parking fees

A former Santa Rosa Junior College police officer was sentenced Thursday morning to four years in prison for stealing more than $100,000 from campus parking machines.

Jeffrey Holzworth, 52, pleaded guilty in April to one count of theft and 11 counts of receiving stolen property between 2005 and 2012 as part of a plea agreement for the four-year term.

Holzworth was sentenced on the grand theft charge and an enhancement alleging a loss of more than $100,000. The concurrent sentences for the receiving stolen property charges were stayed.

Holzworth had faced 12 years and four months in prison and the amount he actually stole is believed to be around $286,000, prosecutors said.

Sonoma County Superior Court Judge Jamie Thistlethwaite told Holzworth, "You were greedy. It got too easy and it became your lifestyle."

The judge said she believes in rehabilitation and restitution, but she told the 28-year veteran police officer his actions "go beyond the pale."

Holzworth apologized to the college, its police force and to the public.

"I'm truly sorry and remorseful and I ask for a second chance," he said.

Deputy District Attorney Amy Ariyoshi said Holzworth used the money to travel to Las Vegas two or three times a year and maintain a lifestyle his police salary would not provide, all at the expense of the junior college.

Ariyoshi said Holzworth stole the money while in uniform and on duty.

"It took planning, thought and commitment to do it everyday," she said.

"Well deserved, well earned," she said of the four-year sentence after the hearing.

Matt McCaffrey was SRJC's police chief for only a month when the thefts were discovered. McCaffrey said a police sergeant noticed many quarters in the console of Holzworth's car and discovered cash when he looked inside it on a trip he and Holzworth were taking to a training event.

The investigation began on Nov. 1, 2012, and Holzworth was arrested on Nov. 28, 2012.

In a statement McCaffrey read to the court, he said Holzworth disgraced his badge and the reputation of the SRJC Police Department and law enforcement in general, and exploited the public's trust for his own personal gain.

"My officers in the field have to hear snide comments about taking money from (parking) permit machines," McCaffrey said.

An insurance company has reimbursed the junior college about $286,000 and Holzworth was ordered to reimburse the insurance company.

"This amount only accounts for the cash that was laundered through the banks Jeff used and that there is a record of," McCaffrey said.

He said parking revenue in the machines was $215,805 in the 12 months before Holzworth's arrest and revenue was $428,554 in the 12 months after his arrest, an increase of about 98 percent despite a 4 percent decrease in enrollment from 2012 to 2013.

McCaffrey said the thefts were not an accident, but were a "cold, calculated and premeditated crime."

The reimbursement from the insurance company was used to purchase new parking machines with upgraded technology and to hire another officer to make sure there are two officers present when revenue is collected from the machines under a "buddy system," McCaffrey said.

Parking at the junior college costs $4 a day and $60 a semester, he said.

Defense attorney Joseph Passalacqua asked the court to sentence Holzworth to probation and county jail time with community service.

Passalacqua said there was no criminal activity during 21 of Holzworth's 28 years as a police officer. He submitted 20 character reference letters to the court on his client's behalf.

"He knows he violated a higher standard and he has the stigma of being a 'dirty cop.' He has to live with that and of being a convicted felon," Passalacqua said.

He said his client brought his troubles on himself and has accepted responsibility "from day one."

"He wanted to spoil his daughters. It became a habit. It was too easy," Passalacqua said regarding the thefts.

Holzworth's wife Karen was arrested on Jan. 31, 2013, and was charged with being an accessory and receiving stolen property. A motion to dismiss the charges against her will be heard on June 19.

The Sonoma County District Attorney's Office alleges Karen Holzworth deposited small bills taken from the parking machines in several banks and withdrew it in larger bills.

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