Change Is Vowed For Tense Department

The Washington Post


June 9, 1992, Tuesday, Final Edition


Chief Picked For Fairfax Police Force;


Change Is Vowed For Tense Department


BYLINE: Peter Baker, Washington Post Staff Writer


SECTION: METRO; PAGE B3


LENGTH: 547 words


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


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

Nightstick Allegedly Rammed in His Mouth

The Washington Post



July 29, 1989, Saturday, Final Edition


Charges Dropped Against Man In Fairfax Police Beating Case;


Nightstick Allegedly Rammed in His Mouth


BYLINE: DeNeen Brown, Washington Post Staff Writer


SECTION: METRO; PAGE B7


LENGTH: 376 words


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


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

Fairfax police fear losing public trust;

The Washington Times


June 8, 1997, Sunday, Final Edition


Fairfax police fear losing public trust;


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


BYLINE: Gretchen Lacharite; THE WASHINGTON TIMES


SECTION: Part A; METROPOLITAN TIMES; Pg. A10


LENGTH: 542 words






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


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

Fairfax Officer Sentenced

The Washington Post


August 16, 1991, Friday, Final Edition


Fairfax Officer Sentenced


BYLINE: From News Services and Staff Reports


SECTION: METRO; PAGE C6; AROUND THE REGION


LENGTH: 125 words






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


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

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

The Washington Post


September 22, 1995, Friday, Final Edition


SECTION: METRO; Pg. B04; CRIME AND JUSTICE


LENGTH: 165 words


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

Questions Remain in Wake Of Easter Arrests in Fairfax

The Washington Post


April 28, 1984, Saturday, Final Edition


Questions Remain in Wake Of Easter Arrests in Fairfax


BYLINE: By Charles Fishman, Washington Post Staff Writer


SECTION: Metro; B1


LENGTH: 758 words


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


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

Grand Jury Probes Charge of Fairfax Police Brutality;

The Washington Post


June 3, 1978, Saturday, Final Edition


Police Brutality Charge Probed by Grand Jury;


Grand Jury Probes Charge of Fairfax Police Brutality;


Fairfax Officers to Testify


BYLINE: By Jane Seaberry, Washington Post Staff Writer


SECTION: Metro; C1


LENGTH: 718 words






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


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

Father Accused of Abuse Wins $ 55,000 in Suit Against Fairfax Police

The Washington Post



August 27, 1987, Thursday, Final Edition


Father Accused of Abuse Wins $ 55,000 in Suit Against Fairfax Police


BYLINE: Mary Jordan, Washington Post Staff Writer


SECtION: METRO; PAGE C1


LENGTH: 526 words


A federal jury yesterday found that a Fairfax police investigator violated a Falls Church man's civil rights when he arrested him for allegedly sexually abusing and illicitly photographing his two children, charges that were later dropped. The jury awarded William J. Kelly Jr., a Falls Church photographer, $ 55,000 in damages. Kelly was imprisoned for seven days last year after being arrested on rape and indecent liberties allegations.






"They are probably the most vicious accusations made against any father anywhere," Kelly's attorney, George L. Freeman Jr. told the U.S. District Court jury in Alexandria. Kelly "was in jail for seven days . . . . He just couldn't believe what was happening to him." After the prosecutor dropped all charges against him, Kelly sued William H. Whilden and the Fairfax County Police Department for allegedly "coercing" his children into making statements that he sexually abused them. The 45-year-old photographer contended that when Whilden asked the children if they ever "fooled around" with their father, they said "no."Only after Whilden warned the children that they might be sent to a juvenile detention home if they didn't tell the truth, did they change their story, Freeman argued.Kelly's 10-year-old daughter backed up her father's account in court.The girl testified at the opening of the three-day trial that she initially told Whilden that her father had not indecently touched her or photographed her.But she continued: "Then he [Whilden] said if you don't tell the truth, you'll go to juvenile jail . . . so I told him yes . . . . I thought if he heard what he wanted to hear everything would be all right."Both the girl and her 12-year-old brother also testified that it was they, and not their father, who took the four nude photographs that launched Whilden's investigation.The children, who live with their mother and stepfather in Florida, said they snapped nude photographs of each other and then inadvertently gave the roll of film to their father to have developed.A Colorfax laboratory technician in Silver Spring, who was developing the film for Kelly, saw the nude photographs on the roll and called police.Assistant Fairfax County Attorney Robert M. Ross defended Whilden, a 14-year member of the police department who is assigned to the child services unit, saying he did a "professional job."Whilden's attorneys argued that the photographs were not of the type that children snapped of each other. They denied that Whilden overstepped the bounds of his authority and coerced the children into giving him the story "he wanted to hear."Kelly's lawsuit also charged that Whilden and the Fairfax County Police Department had maliciously prosecuted and maliciously imprisoned him, charges that the jury found were not substantiated.Kelly, who was arrested June 13, 1986, was initially held without bond.Seven days later, when the bond was set at $ 20,000, he was released from Fairfax County Detention Center. He had sought $ 5 million in damages."I had hoped that the verdict would have been for a larger amount," Freeman said. "But we're satisfied."

Diplomats' friend says Fairfax police ignored immunity

The Washington Times


November 6, 1993, Saturday, Final Edition

Diplomats' friend says Fairfax police ignored immunity

BYLINE: Maria Koklanaris; THE WASHINGTON TIMES

SECTION: Part A; METROPOLITAN TIMES; Pg. A10

LENGTH: 538 words

An American friend of the South African diplomatic couple arrested by Fairfax County police last month said yesterday that before they were arrested the diplomats informed police that they had diplomatic immunity.John R. Sodergreen, 31, of the 400 block of Warner Street SW in the District, was also arrested in the Oct. 16 incident outside the diplomats' Oakton home in the 2700 block of Sutton Woods Court. Mr. Sodergreen, an American citizen, was there with other guests at a small indoor party, he said.Mr. Sodergreen said the diplomats, 34-year-old Eckhart Piprek and his wife, Gerda, 31, showed two police officers identification cards proclaiming their status. Mr. Sodergreen said he also tried to persuade the officers not to make the arrest.



Instead of listening to him, he said, they arrested him, too. "Eckhart offered his [identification] card up," Mr. Sodergreen said. "He told them, 'I'm a diplomat. You can't do this. I've got immunity.' "Police charged the Pipreks and Mr. Sodergreen with public drunkenness, a misdemeanor, and charges have not been dropped. All three deny the charges.South African Ambassador Harry H. Schwarz formally complained to the State Department this week about the arrests. Mr. Schwarz maintains the charges are false and the arrests violate the Vienna Convention on Diplomatic Relations, which protects diplomats from criminal prosecution in their host countries.The embassy is also outraged that the Pipreks spent nearly four hours in jail, a statement by Mr. Schwarz says.Fred DuVal, deputy chief of protocol at the State Department, said this week his agency will help the Embassy of South Africa in its quest to receive "a good-faith explanation" of the events.Fairfax police yesterday again said they are conducting an internal investigation of the two arresting officers' actions. They will likely be disciplined if the department finds they acted improperly, said Officer Richard Perez, a department spokesman.He could not say when police will conclude the investigation.At issue is when the officers learned the Pipreks had diplomatic immunity. Mr. Piprek is a first secretary at the embassy, and both he and his wife are listed in the State Department's Diplomatic List, a booklet containing the names of foreign officials with immunity from criminal prosecution.Police came to the Piprek home about 11:30 p.m., after neighbors complained about noise at an outdoor party. Mr. Sodergreen said they found Mrs. Piprek outside because she was walking two guests to their car.Police said Mrs. Piprek became "uncooperative" when they told her about the complaints. They said she refused to go back into the house and that she smelled of alcohol.Police said the same of Mr. Piprek, who intervened for his wife, and then of Mr. Sodergreen, who came out to inform police his friends are diplomats.Police arrested all three for public drunkenness and placed them in a police cruiser.Mr. Sodergreen said he joked with Mr. Piprek on the way to jail, telling him, "I thought this only happened in your country.

Suspect Injured While Cuffed Says Police Offered Cash;

The Washington Post


May 11, 1989, Thursday, Final Edition

Suspect Injured While Cuffed Says Police Offered Cash;

Fairfax Assault Prompts NAACP To Seek Meeting on Harassment

BYLINE: Patricia Davis, Lynda Richardson, Washington Post Staff Writers

SECTION: METRO; PAGE B1

LENGTH: 810 words

A handcuffed suspect whose treatment by Fairfax County police led to disciplinary action against five officers said the police department offered him $ 1,000 yesterday to repair a tooth damaged by an officer's nightstick. A spokesman said the police department has no comment.The suspect, Steven Martin, said the offer came from a lieutenant in the internal affairs division before Martin's hearing in General District Court on misdemeanor charges. Martin, whose case was postponed, said he rejected the offer and is consulting his attorney.

Fairfax County Attorney David T. Stitt declined to comment on the case. He said the department occasionally makes offers to settle civil claims, and said the money would come from general funds. Martin said he has not filed a claim. Police officials have acknowledged that the handcuffed suspect was hit, but they will not disclose the names of the five officers who have been disciplined. Police did not release the suspect's name until contacted by a Washington Post attorney.The March 31 incident has raised concerns among some black Fairfax police officers and the NAACP. Martin is black; the five officers involved are white. Martin, holding the business card he said the lieutenant gave him yesterday, gave this account of that March evening:Martin, a 27-year-old lawn service employee, said he was visiting his son at the Stonegate Village apartment complex in Reston when he was arrested on charges of trespassing and being drunk in public. Knowing that police were looking for a man who had assaulted two officers, he told police on his way to jail that he knew the man's whereabouts.He said yesterday that he had no idea where the man was. "I was just [messing] with them -- that's how they do me," he said. Martin acknowledged that he has a lengthy criminal record -- "just about every charge you can think of except murder" -- and has been in prison three times.Martin said he was driven to Dogwood Elementary School in Reston, where "they yanked me out of the car and threw me on the ground." Martin said he did not know how many officers were there, but that "they were all just surrounding me."Martin, whose hands were cuffed in front of his body, said an officer placed a nightstick in his mouth and twisted it numerous times, leaving one bottom front tooth so loose that a dentist told him it will probably have to be removed. His pants were pulled down, and the pockets were ripped, he said.His shoes and two pairs of socks were removed, and he said he is still angry that his $ 4-a-pair athletic socks have not been returned to him. He said that at one point, another officer "smacked me in my damn face." He did not recall being struck at any other time.Martin, saying that he had had a lot to drink that night, said he could not estimate how long he was outside the school. Afterward, he was taken before a magistrate at the county jail, released on personal recognizance, and walked to his sister's home in Centreville, where he is staying."He came in with blood all over him," said Helen Martin, 29, who accompanied her brother to the court hearing yesterday. "He said [the police] beat him up, and put the stick in his mouth. I was mad. I said: 'You should do something about that.' "NAACP officials said yesterday that they plan to request a meeting with Col. John E. Granfield, chief of police, to discuss the Martin case and at least a half-dozen complaints they have received in recent weeks alleging police harassment and civil rights violations by officers working near Stonegate. The apartment complex is the site of one of the county's open-air drug markets and the focus of police antidrug efforts.They said the police assault on the suspect seemed to indicate a clear-cut violation of his civil rights, and they questioned whether the disciplinary action against the officers -- suspension, and in one case demotion, according to sources -- was sufficient.Some NAACP officials said they are interested in the incident because of alleged civil rights violations, but they acknowledged that the suspect's criminal history and the police department's efforts to clean up a drug-weary neighborhood present some sensitivities."He's probably not a member of the NAACP," said Glenwood Roane, president of the Northern Virginia regional division of the organization, which in Fairfax is made up primarily of middle-class blacks.Citing the recent complaints about Fairfax police, another NAACP official said they raised a broader concern about police treatment of blacks in general."The issue is the protection of the rights of minorities to walk the streets without worrying that the police are going to harass them solely because of their color," said Donald Grant, chairman of the legal redress committee of the NAACP's Fairfax County branch.

3 Officers Disciplined In Fairfax;

The Washington Post


July 28, 1990, Saturday, Final Edition

3 Officers Disciplined In Fairfax;

Loudoun Night Visit Led to Transfers

BYLINE: Patricia Davis, Washington Post Staff Writer

SECTION: METRO; PAGE B1

LENGTH: 511 words

Three Fairfax County police officers have been kicked off the police department's "jump-out team" after making an unofficial late-night visit to the home of a Loudoun County man who allegedly threatened a Fairfax officer's wife. Ten members of the team, including two supervisors, got off work about midnight on April 10 and drove together to the man's Leesburg apartment to deliver a "strong message" to stay away from the wife, a police official said. They were armed and dressed in the team's full uniform of dark military-type fatigues, he said.

"They wanted to make an impact," said Lt. Col. Michael Young, deputy police chief for operations. "They made a mistake. It could have been serious." By conducting what appeared to be official business outside the county, the off-duty officers violated police department regulations, Young said.As a result of the incident, the supervisors of the team -- a lieutenant and a sergeant -- and the investigator whose wife allegedly received the threat were disciplined and transferred to other areas of the department, Young said. The internal investigation was completed last month, complicated by the large numbers of participants, he said.Fairfax police spokesman Warren Carmichael said that no laws were broken and no force was used by the officers that night. However, he said, the man complained about his late-night visitors to Loudoun officials. "The individual was not receptive to that approach," said Carmichael.Carmichael said the man, who was not identified, had been targeted by the jump-out team as a drug suspect. Sometime later, the man saw the wife of an investigator on the team at a local bowling alley and made what was "construed as a threat" to her, he said. According to a police source, the investigator was "really upset" about the comments made to his wife.Young said the trip to Loudoun became "a matter of support among the peers" on the jump-out team, which is officially known of as the Narcotics Enforcement Team. "It was a very human reaction. I can say it was an overreaction," he said.Young said that an internal investigation into the April 10 incident revealed that "nothing really wrong happened" that night. After police arrived at the apartment complex, they telephoned the man and asked him to come outside, Young said.The man declined the invitation and instead invited the officers inside, Young said. Two officers went into the apartment, while others were visible outside during the visit, he said.The jump-out team was formed by the police department about three years ago to coincide with the arrival of a new problem in the county: open-air drug markets. The team has had success in disrupting the markets at an early stage, according to law enforcement officials.Despite the team's successes, Young said the supervisors should have known better than to condone the officers' action that night and accompany them."We depend on those stripes to mean something," Young said of the supervisors."They knew there was a jurisdictional problem."

Fairfax Commonwealth's Attorney Robert F. Horan Jr. decided not to seek criminal charges against Carlton Jones in the fatal shooting

The Washington Post



December 26, 2000, Tuesday, Final Edition


Officer Had Filed A False Report; Same Policeman Left Md., Shot Man in Fairfax


BYLINE: Ruben Castaneda , Washington Post Staff Writer


SECTION: METRO; Pg. B01


LENGTH: 1243 words


The undercover Prince George's County police narcotics officer who shot and killed an unarmed man in Fairfax County admitted during recent court testimony that he had been found guilty by his department of filing a false report.


The admission led to the dismissal of cocaine charges against a Hyattsville man after a judge ruled that cocaine allegedly seized by the officer, Cpl. Carlton B. Jones, could not be used as evidence. But it also casts doubt on dozens of other drug cases in which Jones played a role.


Although he is suspended from street duty pending an internal investigation of the Sept. 1 Fairfax County shooting, Jones retains his police powers, and prosecutors have continued to call him to testify in drug cases.


Prince George's State's Attorney Jack B. Johnson has said he will keep prosecuting cases involving Jones and other officers who are under investigation or facing criminal charges, so long as the charges do not include perjury.


Johnson did not return telephone calls last week seeking comment.


Jones's attorney, Michael T. Leibig, declined to comment on the false-report finding against his client.


Paul Butler, a professor at George Washington University Law School and a former federal prosecutor, said the fact that Jones was found guilty by his own department of filing a false police report "is just devastating."


He noted that in drug cases involving undercover police officers, the credibility of the officer is crucial. Such cases often come down to the officer's word against the defendant's regarding alleged drug buys, and to the believability of officers who say they obtained crucial information from confidential sources.


"It renders him useless as a witness," said Paul Rothstein, a professor at Georgetown University Law Center.


Law enforcement agencies across the country have grappled with how to deal with instances or allegations of lying by police.


In Los Angeles, scores of criminal convictions have been overturned in the wake of a scandal in which some members of an anti-gang unit allegedly rigged evidence against suspects and then lied to obtain convictions.


In the District, the U.S. attorney's office for years has maintained a list of officers who have been convicted of crimes or are under investigation; prosecutors do not call those officers to testify and in some instances drop charges. The list includes 100 to 200 names at any given time.


Last year, Montgomery County Police Chief Charles A. Moose, during a speech to police academy graduates, expressed outrage that several officers who had been found by internal investigations to have lied were allowed to continue serving as police officers.


Fairfax Commonwealth's Attorney Robert F. Horan Jr. decided not to seek criminal charges against Carlton Jones in the fatal shooting of Prince C. Jones Jr. The two men were not related.


In an interview, Horan said that at the time he conducted his investigation, he was aware that Carlton Jones had been found to have made false statements. Horan said the finding had no impact on his investigation.


"I can't think of anything that would affect the physical evidence and the eyewitness accounts," Horan said.


Jones and another officer had followed Prince Jones from Hyattsville, through the District and into Virginia, police said. The officers believed that the vehicle Prince Jones was driving may have been connected to drug dealing and the theft of an officer's gun from an unmarked Prince George's police car, officials said.


After reaching the Seven Corners area of Fairfax, Carlton Jones told police, Prince Jones initiated the confrontation by backing his Jeep up to the officer's door, preventing the officer from getting out. When Prince Jones walked to the officer's car, Carlton Jones held up his gun and said, twice, "Police. Get back in your vehicle," according to the officer's account.


Prince Jones, 25, struck the officer's vehicle twice with his vehicle, leading Carlton Jones to fear for his life and fire 16 rounds, according to police.


Details about the internal investigation of Carlton Jones were disclosed during a Sept. 22 motions hearing on cocaine charges against Dennis Anthony Butler, 30. Those charges resulted from Jones's alleged seizure of $ 3,000 worth of cocaine from Butler's car after the officer swore out an affidavit that a confidential source had tipped him to the drugs.


Circuit Court Judge Sherrie L. Krauser ruled that police did not have probable cause to conduct the search. Two counts of possession with intent to distribute cocaine and two counts of possession of a controlled dangerous substance against Butler were then dismissed.


There was "an internal hearing where you were found guilty. Is that correct?" defense attorney Douglas J. Wood asked Jones during the hearing.


"That is correct, sir," Jones replied, according to a transcript of the hearing.


The police trial board had focused on the charging document Jones wrote against John Robert Johnson in connection with an alleged gun battle April 21, 1997.


In the document, Jones alleged that when he went to the 7200 block of Landover Road to investigate a report of shots being fired, a county sheriff's deputy told him he had seen Johnson engaged in a gun battle with another man.


The charging document goes on to allege that a witness who called a police dispatcher identified Johnson as the person who threw a handgun on top of a building; police recovered the handgun.


According to law enforcement sources familiar with the internal investigation, the sheriff's deputy testified at the police trial board that he did not tell Jones he had seen Johnson engaged in a gun battle. In addition, investigators could not locate any audiotape in which a witness tells a police dispatcher that the gun had been tossed atop a building, and the existence of the witness could not be verified, the sources said.


In a federal civil lawsuit against Jones alleging false arrest and civil rights violations, Johnson alleges that Jones had expressed his intention to run Johnson "out of town."


Unlike officials in the District, in Los Angeles and in other cities where a large number of police witnesses are facing charges or are under investigation, state's attorney Johnson has said he is obligated to move forward with cases that involve possibly tainted officers.


At least five times during the last three months, charges have been dropped or a defendant has won a quick acquittal in a case involving a police officer under investigation or facing criminal charges.


Defense attorneys and legal experts said that even before the disclosure of the false police report, Jones's notoriety had undermined his effectiveness as a police witness.


In September, a Circuit Court jury took about an hour to acquit a Hyattsville man of possession with intent to distribute marijuana.


Although Jones did not testify in that case, several jurors made wide-eyed expressions when the defense attorney in open court identified Jones as one of the investigators.


Last month, a Prince George's County prosecutor in a case in which Jones was a witness abruptly dropped felony cocaine charges against a Silver Spring man when the defense attorney said he would make a motion asking for all police internal reports about Jones, including the incident in which he filed a false police report and the fatal shooting in Fairfax County.

One Fairfax County police officer has been cleared and a second officer ordered transferred after an internal investigation of a melee involving the two men

The Washington Post



November 7, 1979, Wednesday, Final Edition


1 Officer Shifted, Another Cleared In Fairfax Melee


BYLINE: By Ronald D. White, Washington Post Staff Writer


SECTION: Metro; C2


LENGTH: 346 words


One Fairfax County police officer has been cleared and a second officer ordered transferred after an internal investigation of a melee involving the two men and members of a Groveton family last August, police said yesterday.


Police Chief Richard A. King said Officer James W. Cavender Jr., 29, a six-year veteran of the force, will be reassigned to unspecified duties outside the Groveton area as a result of the probe.


Cavender is "not really being punished, just reassigned," said King, who added that Cavender "could have used other options" to avoid the incident. w


The second officer, Jerry L. Bowers, 26, was cleared by police.


King ordered the probe of possible use of excessive force by the officers following newspaper accounts of the fracas, in which both officers and some family members suffered minor injuries.


A spokesman in the FBI's Alexandria office confirmed yesterday that an agent also is investigating possible use of excessive force by the patrolmen.


The incident occurred Aug. 10 after 20-year-old Timothy Rickman allegedly flashed his lights and honked his horn at a patrol car being driven by Cavender about 10:30 p.m.


Cavender followed Rickman into the family's driveway of 3408 Memorial Dr. The scuffle ensued when Rickman allegedly refused to be questioned and called for help. Cavender also radioed for assistance and Bowers came to the scene.


Rickman was charged with drunk driving and assault. Obstruction of justice and assault charges were brought against his father, Donald Rickman, his mother Arlene, and his stepbrother Daniel Mancini.


All of the charges were dismissed on Oct. 12 by Fairfax General District Court Judge Martin E. Morris, who cited a lack of evidence.


"They ought to put both (officers) behind the desk. Neither one of them are ready to work in the street," Arlene Rickman said yesterday.


"i couldn't expect much punishment even if they found them guilty. I'm surprised they're doing this much. This is like a police state. . . and they really protect their own," she said.

Almost half of the 253 complaints filed against Fairfax County Police officers last year were justified, according to a summary of an internal police study

The Washington Post



June 28, 1978, Wednesday, Final Edition


Half of Fairfax Police Complaints Valid


BYLINE: By Diane Egner, Washington Post Staff Writer


SECTION: Metro; B4


LENGTH: 544 words


Almost half of the 253 complaints filed against Fairfax County Police officers last year were justified, according to a summary of an internal police study released yesterday by the head of the 648-member force.


Only one of the valid complaints involved use of excessive physical force, according to Police Chief Col. Richard A. King. Another officer was dismissed on charges of stealing funds from a police station fund and two were disciplined for unwarranted use of their pistols, King said.


The force is currently being investigated by a federal grand jury in Alexandria because of an incident in which a 16-year-old youth claimed he was beaten by three officers who arrested him on charges of violating his parole. Also under investigation by the grand jury is the county's internal police review board, an all-officer agency that reviews charges against the Fairfax officers.


King yesterday called the percentage of justified complaints "normal," citing 238 complaints the department had recorded in 1976."There are in-excess of 250,000 contacts (by policemen) with the public every year," he said. "That's (253 complaints) not too bad."


Most of the complaints involving the officers were filed by their superiors and involved dress, conduct and disobedience of internal regulations, King said.


In addition to the dismissal of the officer accused of taking money from the police station, King said three other officers under investigation resigned from the force last year. However, the chief said yesterday he could not remember details of those incidents.


"I have nothing to hide," King said. "That's the reason for the report."


The excessive force charge stemmen from an incident involving three officers and a "small group" of people, King said. One of the officers "roughly handcuffed and put a suspect into a squad car," King said. "The incident involved the use of a foot." King said he could not remember other details of the incident. The charge resulted in th unnamed officer's suspension from the force for 10 days without pay, King said.


The unwarranted firing of guns charges resulted in a loss of two days off for each officer involved, but no suspension or loss of pay, King said. Both were cases of officers firing warning shots, an action not allowed by the department, King said.


"We do react to complaints. We do react in a positive manner," King said. "Obviously, not all complaints are valid," he said.


The study showed that, besides the 117 valid complaints, 27 other complaints could not be proved or disproved, 70 were found to be accurate but proper and lawful under the circumstances and 65 were found to be false, King said.


"We do get complaints, onsviously," King said. "But we don't get a high number." Over the years, he added, "there has been some lessening in the number of complaints about excessive use of physical force."


Of the 283 officers against whom complaints were filed last year, 44 had received prior complaints during 1976. Complaints against only three of these repeaters, however, were found to be valid by the study.


King said he has not yet compiled statistics on the number of complaints against the force for 1978, the period involved in the grand jury investigation.

Of 132 complaints citizens lodged against Fairfax County police officers last year. 28 were sustained, (By the police)

The Washington Post


June 2, 1979, Saturday, Final Edition


28 Fairfax Police Complaints Upheld


SECTION:


General News; F2


LENGTH: 222 words


Of 132 complaints citizens lodged against Fairfax County police officers last year. 28 were sustained, (By the police) according to a county police spokesman who said one officer was dismissed and a second resigned.


The report complaints was compiled by County Police Chief Richard A. King, who declined to identify the two officers no longer on the force or to describe the nature of the complaints against them.


"They were basically internal maters and I don't feel that it would be appropriate to release their names at this juncture." King said.


Complaints filed during the year included improper use of a police vehicle, improper aid or assistance to citizens and improper handling of evidence, custody or radio procedure. Only one of the 36 allegations of excessive use of force on citizens was sustained, the report said.


The report also said most complaints resulted in a determination that the allegation was false, that lawful and proper police procedure had been practised or that there was too little evidence to make a decision.


"There was a slight increase of about 11 in the number of citizens complaints filed. The greatest number of violations concerned 'human relations.' Eighteen (of those) violations were sustained," said a police spokesman. He added those cases involved harsh, profane or insolent language.

Police brutality charges brought by the father of a 16-year-old Fairfax County youth who witnesses said was beaten while being arrested

The Washington Post


March 30, 1978, Thursday, Final Edition


Va. Policeman Is Cleared of Beating Youth;


Brutality Charges Dropped Against Policeman in Fairfax


BYLINE: By Blaine Harden, Washington Post Staff Writer


SECTION: Metro; C1


LENGTH: 676 words


Police brutality charges brought by the father of a 16-year-old Fairfax County youth who witnesses said was beaten while being arrested at a Franconia roller rink in January were dismissed yesterday by Fairfax County Police Chief Col. Richard A. King.


King said he accepted the decision of a police trial board, which found that Officer Keith M. Florence did not use "excessive physical force" in the Jan. 6 arrest of Howard L. Cadle of 6707 Wakefield Dr. at the Franconia Roller Rink.


Florence is one of three county policemen from the Franconia district station who arrested Cadle on a Juvenile Court warrant for violating probation. Witnesses to the arrest, which took place in the back room of the rink, said they saw policeman hit Cadle, who was wearing roller skates, repeatedly on the head and shoulders with their billy clubs.


King said yesterday that "in the process of arresting Cadle, the officers resorted to force, which required that Cadle be given medical treatment." The youth was treated at Mount Vernon Hospital after the arrest for scalp cuts and multiple bruises on the shoulders and back.


Brutality charges against the other two arresting officers, Robert T. Hubbard and James F. Kelly Jr., were dismissed without a trial board hearing because of insufficient evidence, King said.


King did not release a police version of why Calde was injured during the arrest, and he refused comment on how the decision was made to drop charges against the officers. King said all findings of the police department's internal affairs section are not public information. He asked that the public "have a little faith" in the integrity of his police force.


Lacy Cadle, the father who filed the brutality charges, said yesterday he was "totally surprised" at the police findings. He said he was planning further action in the matter that will be "independent of what the police do." Cadle's attorney, Thomas H. Dameron, called yesterday's decision "extremely unfortunate."


In his announcement yesterday, King said he was breaking a precedent for the county police by publicizing internal affairs action. He said the announcement was made to "assure the public that we do an in-depth investigation."


Three of the five other major police departments in the Washington area make public the findings of police trial boards, which usually are three or four persons panels made up of police officers or citizens. Arlington, Prince George's County and the District of Columbia release trial board findings, police spokesmen said yesterday.


In Alexandria, trial board information is not released, and in Montgomery County releas is up to the chief of police.


King said yesterday he opposes the release of all trial board findings because of his feeling that internal affairs information "in general" should be kept secret.


King was asked about other recent allegations of police brutality stemming from a melee at a Rte. 1 night club on March 18. Several patrons of the One South Restaurant Night Club have filed brutality complaints, claiming that police went on a rampage in the club, striking and arresting patrons who were doing nothing illegal. King said he could not comment on the matter because it was under investigation.


"It is a sign of the times," King said, that complaints about brutality are made "that may or may not have foundation." He said also the police department screens its employes carefully, "We don't have any sadist on the department," he said.


The trial board that found Florence did not use excessive force arresting Cadle was made up of a police captain, two lieutenants and two officers of Florence's own rank.


Because of a new law passed this year by the Virginia legislature, the so-called "policeman's bill of rights," the make up of trial boards after July 1 will be changed. The police department will choose one member, the defendant will choose another and the third member will be chosen by the first two.


The law applies to all police departments in the state with 10 or more members.

Case Dropped Against Family Involved in Clash With Police

The Washington Post



October 14, 1979, Sunday, Final Edition


Case Dropped Against Family Involved in Clash With Police


BYLINE: By Ronald D. White, Washington Post Staff Writer


SECTION: Metro; B3


LENGTH: 292 words


A Fairfax County judge has dismissed all charges against members of a Groveton family involved in an August scuffle with police and criticized two police officers in the process. General District Court Judge Martin E. Morris threw out all the charges because he said he could not find "one scintilla of evidence" to support the initial drunk driving charge that prompted the incident.


With that, Morris dropped a series of charges against Timothy Rickman, 20, of 3408 Memorial Dr. and members of Rickman's family. The family has contended that the two officers who arrested Rickman attacked them without provocation in their own front yard.


"I feel great," Rickman's father, Donald Rickman, 52, said in an interview yesterday. Everything worked out for the best. It [the court decision] took a helluva load off all of us. Our family sticks together."


Judge Morris action, taken in a Friday court session, will not end the case. Fairfax County police spokesman Warren R. Carmichael said yesterday that the department's internal affairs section is continuing an investigation into the incident and that its report will take at least another week to complete.


"It was [Police Chief Richard A.] King's feeling that our investigation can't be considered complete until the court case was completed," Caramichael said.


In addition to the drunken driving court, the judge also ordered assault and obstructing justice charges dropped against Donald Rickman, his wife, Arline, a stepson, Daniel Manchini and Timothy Rickman.


The arresting officers, patrolmen James Cavender and Jerry L. Bowers, contended that the family had attacked that the family had attacked them after they had attempted to arrest Timothy Rickman.

A jury found yesterday that a Fairfax County police lieutenant retaliated against a female civilian employee

The Washington Post



February 25, 1995, Saturday, Final Edition


Jury Declines Award For Officer Who Wins Suit


SECTION: Metro; B02, AROUND THE REGION, ME


LENGTH: 252 words


A jury found yesterday that a Fairfax County police lieutenant retaliated against a female civilian employee who had complained about sexual harassment at work, but declined to award the woman any money.


Andrea Moss, 34, a communication aide assigned to the department's Franconia station, said she felt vindicated by the ruling in her lawsuit against the county and Lt. Larry Jackson.


The verdict came after a three-day trial in U.S. District Court in Alexandria.


Moss claimed that Jackson had harassed her because she would not strike up a personal relationship with him. Among other things, she testified that he made up a list of phony disciplinary charges against her in February 1993 after learning she had filed an internal complaint against him.


Jackson denied the allegations. Before the case went to the jury, Judge Leonie M. Brinkema dismissed a claim of sexual harassment, saying evidence was lacking. The judge also dismissed the county and Police Chief Michael W. Young as defendants, leaving only Jackson's fate to the jury.


The lawsuit initially sought $ 1 million in damages on behalf of Moss and three female police officers who also alleged that Jackson harassed them. The charges made by the other women, who alleged abuses dating to 1982, were dropped from the case after Brinkema ruled their complaints were not timely filed.


Jurors found that Jackson retaliated after Moss filed her internal complaint and said that by doing so, he violated her right to free speech.

A federal grand jury has begun an investigation into allegations that three Fairfax County policemen needlessly beat a 16-year-old youth

The Washington Post



June 3, 1978, Saturday, Final Edition


Police Brutality Charge Probed by Grand Jury;


Grand Jury Probes Charge of Fairfax Police Brutality;


Fairfax Officers to Testify


BYLINE: By Jane Seaberry, Washington Post Staff Writer


SECTION: Metro; C1


LENGTH: 718 words


A federal grand jury has begun an investigation into allegations that three Fairfax County policemen needlessly beat a 16-year-old youth they were arresting and that a county police trial board may have attempted to cover up the incident.


The officers - one of whom was earlier exonerated by a county police trial board composed entirely of police officer - have agreed to appear voluntarily before the grand jury, county officials yesterday told a federal judge in Alexandria.


Assistant U.S. Attorney Frank W. Dunham said the grand jury "will not only focus on the conduct of these three officers, but the conduct of the officers who reviewed" the incident. The jury is attempting to determine "if the police trial board acted properly or swept it (the incident) under the rug," Dunham said.


Disclosure of the grand jury investigation came yesterday morning as lawyers for the county attempted to quash a subpeona for a transcript of a statement that one of the officers made to the trial board. The officer, Keith M. Florence, made the statement under a grant of immunity from state prosecution and under a threat of losing his job, Jack Gould, assistant Fairfax County attorney, told U.S. District Judge Albert V. Bryan Jr.


Dunham said he did not know what Florence said in the statement and that was why the government was attempting to obtain it by a subpoena. The trial board's proceedings are closed and Fairfax police have refused to release details of their internal investigation into the incident.


Bryan refused the county's request, but set limits on the use of the statement in the investigation. Dunham had said that the statement would be used only to check on the officers' testimony before the grand jury and would not be used at any trial, if the officers are indicted.


The incident, which Gould said marks the first time federal authorities have investigated the county police for their conduct, grows out of the Jan. 6 arrest of Howard L. Cadle at roller skating rink in the Franconia section of the county.


Witnesses to the arrest have said they saw policemen hit Cadle repeatedly on the head and shoulders with their billy clubs. Lacy Cadle. The youth's father, filed brutality charges against the three officers, but on March. 29, Fairfax County Chief Col. Richard A. King dismissed the charges.


King said he accepted the decision of the trial board that found that Florence did not use "excessive physical force" in arresting Cadle. Brutality charges against the other two officers. Robert T. Hubbard and James F. Kelly Jr., were dismissed without a trial board hearing because of what King said was insufficient evidence.


All three officers are currently on duty on the Fairfax County force.


The grand jury probe is itself an outgrowth of an FBI investigation of the arrest, a Justice Department source said. It could not be learned yesterday who initially requested the investigation.


A Justice Department official said that the department receives between 12,000 and 15,000 complaints a year against police officers, but that only about 80 of the complaints are taken before a grand jury. About 60 of the cases result in indictments, the official said.


The official said the federal investigation is being conducted under the 1968 Civil Rights Act which makes officers who violated the civil rights of an individual subject to a fine of up to $1,000 and a year in jail.


"We're no different from any other police department in the country," said Fairfax Chief King yesterday. The grand jury investigation "of itself is not a conviction or a trial," he said.


Since King dismissed the brutality charges, Cadle's father has filed a $20,000 damage suit against the officers in federal District Court.


In their answer to the suit, the officers denied Cadle's version of the incident. They said in court papers, however, that "any injury or damage suffered by" Cadle was caused by his "wrongful acts and conduct and the willful resistance to a peace officer" in the discharge of his duties.


The force used by the officers "if any . . . was reasonable and necessary under the circumstances" and was caused by Cadle's assault and battery on the officers, according to the court papers. Their actions were lawful and in self-defense, the officers said.