The secret diary of Gerry Hyland: Dear Diary, here's what I told them about being a ...
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The secret diary of Gerry Hyland: I spent 30 years in the Air Force, 30 years suckin...
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E.C. cop sentenced in mail fraud case
HAMMOND | An East
Chicago officer was sentenced last week to two years of probation in a mail
fraud case. Shawn Pitts will serve eight months of the sentence on house arrest
and must pay $10,877 in restitution. Pitts was indicted in May 2012 on mail
fraud charges in U.S. District Court. He entered a plea agreement in August
2012. He was sentenced Friday, and details were filed in court Monday. According
to the plea agreement, Pitts admitted to working as a police officer, working
security at two housing projects and working at a credit union. His work hours
would sometimes overlap jobs.
Cop who murdered wife gets life in prison
Cop Brett Seacat who
killed his wife and tried to cover it up by burning down their house was
sentenced Monday to life in prison with the possibility of parole. Under the
judge's sentence -- the maximum allowable under Kansas law -- Seacat must spend
31 years and three months behind bars before he's eligible for parole. During
her closing argument, prosecutor Amy Hanley said Seacat was full of
uncontrollable rage because his wife had filed for divorce and was kicking him
out their house.
"He was like a
burning fuse," said Hanley. "That's why he was reckless."
City settles for $50,000 lawsuit of man freed because of police corruption investigation
Demario T. Harris, whose
life sentence was overturned as a result of an investigation into corruption at
the Tulsa Police Department has agreed to settle his lawsuit against the city
of Tulsa for $50,000..
Harris had been convicted in Tulsa federal
court in April 2005 on charges of possession of cocaine with intent to
distribute and being a felon in possession of a firearm.
He was sentenced in
November 2005 to life in prison but was freed in October 2010. The order
vacating his sentence said the prosecution had conceded that Harris’
“conviction was obtained in violation of the defendant’s due process rights.”
The allegations of
corruption within the Police Department did not start to come to light until
2009. At least 17 civil suits have been filed by people who claim that they
were victimized by the sort of activity that was the subject of a grand jury
probe into the Tulsa Police Department. The investigation resulted in charges
against six current or former Tulsa police officers and an ex-federal agent, as
well as accusations of criminal behavior against five officers who were never
charged.
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Former Garland County Sheriff’s Deputy Pleads Guilty to Prostitution Offense
Former
Garland County Sheriff’s Deputy Pleads Guilty to Prostitution Offense
U.S.
Attorney’s OfficeJuly
29, 2013
|
·
Western District of Arkansas(501)
340-2600
|
TEXARKANNA, AR—Conner Eldridge, United States Attorney for the
Western District of Arkansas, announced that former Garland County Sheriff’s
Deputy Neil Parliament, 39, pleaded guilty in federal court to a one-count
information for arranging for a minor to travel to Hot Springs, Arkansas, to
engage in prostitution. At the time of the offense, Parliment was a marine
patrol officer with the Garland County Sheriff’s Office. The Honorable Susan O.
Hickey accepted the plea in United States District Court in Texarkana.
United States Attorney Eldridge commented, “Mr. Parliament abused
his position of public trust to engage in illegal activities involving
prostitution. This activity is unacceptable, and we will continue to bring to
justice those individuals who seek to use similar positions to perpetrate
crimes.”
According to court documents, in early February 2013, the Little
Rock Police Department was contacted by a minor female who admitted to police
that she had been engaging in prostitution. The individual resided in Memphis,
Tennessee, and admitted to traveling into Arkansas to meet clients. She told officers
that one client, Mr. Parliament, was a police officer in Hot Springs, Arkansas,
and showed officers numerous text messages regarding her traveling to Hot
Springs to engage in prostitution. She further admitted to officers that she
first made contact with Parliament in January 2013. At that time, Parliament
made arrangements for her to travel from Memphis to Hot Springs, including
arranging for her to stay in a local hotel room. When she arrived in Hot
Springs, she and Parliament engaged in sexual activity in the hotel room in
exchange for payment. Parliament then arranged for her to meet with other
individuals, with whom she also engaged in sexual activity in exchange for
payment.
Parliament was originally arrested on a federal warrant on June
13, 2013. At sentencing, the defendant’s sentence will be determined by the
court after review of factors unique to this case, including the defendant’s
prior criminal record (if any), the defendant’s role in the offense, and the
characteristics of the violations. The sentence will not exceed the statutory
maximum, and in most cases it will be less than the maximum. In this case,
Parliament faces the maximum penalties of 20 years in prison and a fine of
$250,000.
This case was investigated by the FBI Denied Innocence Task Force
and the Little Rock Police Department. Assistant United States Attorney Dustin
Roberts is prosecuting the case for the United States.
More drunk and drugged up cops
Oswego
cop charged with selling drugs was sued, suspended
Oswego, NY – Troy Martin retired Oswego police officer charged Thursday
with selling drugs has faced suspension as well as accusations of excessive
force and misconduct during his career. Martin, was charged with third-degree criminal
sale of a controlled substance and fourth-degree conspiracy. Oswego police
confirmed Martin is retired from the department and said that he was not part
of the department while the drug investigation he was swept up in was under
way.
According to Post-Standard archives, Martin and Officer
Michael Kearns were accused of raping a woman in 1993. The woman, who at the
time was 25, filed a $36 million lawsuit in July 1994 against the city, Kearns
and Martin.
Criminal charges were never filed against Martin or Kearns.
The woman didn't file charges because she didn't want to appear before a grand
jury or in criminal court, said one of her lawyers at the time.
The city settled the lawsuit out-of-court in 1997 for
$50,000.
In 1997, the city also settled another case in which Martin
was accused of causing personal and emotional injuries. That case was settled
for $27,000 according to newspaper archives.
In 1993 Martin and Kearns were suspended without pay for 30
days.
When Martin was a campus police officer at the State University
College at Oswego, the state Court of Claims determined that he and another
officer used excessive force in arresting a college student in 1985. The
student was awarded $1,200 in damages.
Martin retired from the Oswego Police Department in 2006 and
receives an annual pension of $24,333, according to state records.
St.
Louis cop gets probation in drunken driving case
Michael Schinner, a t. Louis police officer, was sentenced
to five years probation for driving while intoxicated and causing injuries. l
Schinner, then 27, was off-duty and speeding the wrong way on a one-way street
early in the morning on Dec. 24, 2011, when his vehicle collided with a St.
Louis patrol car. On-duty Officer Darryl Monroe suffered hip and leg injuries,
according to officials.
A passenger in Schinner’s vehicle, Brian Cole, then 28,
sustained serious head trauma, including bleeding on his brain, but has since
recovered. Schinner, who had been a member of the police force for three years,
claimed no memory of the crash, but he appeared disoriented and had a strong
alcoholic odor on his breath, according to court documents.
There were two empty beer bottles in his car — one on the
driver’s side floorboard — and he refused to submit to a blood test to
determine his blood-alcohol content, according to the documents. Police did not
apply for a search warrant to force him to provide a blood sample.Schinner was
suspended from the force without pay after the crash, and resigned in August
2012.
Police
officer charged with DWI, resigns
RALEIGH, N.C. — A
senior officer in the Cary Police Department resigned her job after an arrest
early Thursday on charges she was driving while impaired.Tiffany Dawn Silsbee,
of 2600 Broad Oaks Place in Raleigh, sideswiped four vehicles along Raleigh's
Boylan Avenue, according to police.After the crash, she had a .09 blood alcohol
content.
FBI:
Pa. police officer arrested on drug charges
-- The FBI says a Pennsylvania police officer has been
arrested and charged with distributing drugs. Agent Edward J. Hanko says in a
release that Robert F. Evans, a Hughestown Borough Police officer, was arrested
without incident Friday morning and charged with the distribution of oxycodone.
That's just outside Scranton. According to an affidavit Evans admitted
obtaining oxycodone pills from a friend and through a prescription, selling the
pills over the past year, and driving a client to Wilkes-Barre in a Hughestown
police cruiser so the client could buy illegal drugs. Evans couldn't be reached
for comment.
TEXAS
COP ARRESTED FOR FELONY DWI WITH KIDS IN TOW
A Texas police officer has been arrested and charged with
felony driving while intoxicated, the Houston Chronicle reported recently. The
officer was arrested in Beaumont, Texas, about 80 miles outside of Houston.
According to the report, the charges were increased from standard DWI to state
jail felony DWI because the driver's three children were allegedly present in
the vehicle at the time of the incident.
A
Prichard police officer has been arrested on some serious drug charges.
PRICHARD, Ala. (WPMI) A Prichard police officer has been
arrested on some serious drug charges.
Officer Edmond Burke was arrested during a Mobile County Sheriff's
Office sting. Deputies say Burke tried
to buy five kilos of cocaine from an undercover officer. Burke has been charged with trafficking
cocaine, possession of a controlled substance, and marijuana possession. Trafficking is a class-A felony that carries
a sentence of up to life in prison. Burke is a Prichard native, and has been on
the force about a year and a half. He
has been on the other side of the law before.
He was arrested in 2006 for possession of a controlled substance, and in
2000, for interfering with custody.
State
trooper blames Chan for crash that killed off-duty cop
WOBURN Off-duty
Lowell Police Officer Patrick "P.J." Johnson was drunk as he rode his
Harley Davidson Road King at speeds between 75-80 mph when he collided with a
Honda Accord -- a crash that took his life -- a State Police accident
reconstructionist testified it wasn't Johnson's speed that cause the crash, it
was the other car crossing his path.
In Middlesex Superior Court on Friday, Roderick, an accident
reconstructionist, testified that based on his calculations, the 31-year-old
Johnson, a six-year veteran of the Lowell Police Department, was barreling down
Princeton Boulevard during the early-morning hours of Sept. 11, 2010 at a
minimum speed of 75 mph and perhaps as fast as 80 mph based on the motorcycle's
broken speedometer.
Roderick testified that at the same time, Chan, 28, of
Lowell, who police allege was also legally drunk, was at the intersection of
Foster Street and Princeton Boulevard when he drove into Johnson's path.
Johnson hit the brakes, leaving a skid mark 32.5 feet long, Roderick testified.
Johnson and his motorcycle slammed into the right front quarter of Chan's car.
The impact tossed Johnson, a husband and father of two, more than 100 feet
where he landed two houses down.
He died within minutes of the crash, state Medical Examiner
Marie Cannon testified Thursday. The cause of his death was blunt trauma to the
head, torso and lower extremities, Cannon said.
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Littleton Police Officer Arrested for Drug Trafficking Crimes
U.S. Attorney’s Office July 22, 2013 • District of
Colorado (303) 454-0100
DENVER—Jeffery Allan Johnston, age 46, of Parker, Colorado,
has been arrested based on a criminal complaint charging him with the drug
trafficking related crimes, United States Attorney John Walsh, FBI Denver
Special Agent in Charge Thomas Ravenelle, and Littleton Police Chief Doug
Stephens announced. Johnston was arrested without incident at his Parker home
by the FBI on Friday, July 19, 2013. The criminal complaint was unsealed by the
court today. Johnston appeared in U.S. District Court in Denver this afternoon,
where he was advised of his rights and the charges pending against him. The
government is asking the court that Johnston be held in custody without bond
pending a resolution of his case. A detention hearing and a preliminary hearing
is scheduled to take place on July 25, 2013, at 3:00 p.m.
The criminal complaint charges Johnston with possession of a
mixture and substance containing a detectable amount of MDMA with intent to
distribute; maintaining a drug-involved premises; possessing a firearm in
furtherance of a drug trafficking crime; and using a telephone to facilitate a
drug trafficking felony.
According to the affidavit in support of the arrest warrant,
on July 15, 2013, Johnston contacted a friend via telephone. During the call,
Johnston said he wanted to “catch up” with the friend. The person Johnston
contacted is a known narcotics trafficker who has been invited to Johnston’s
residence previously to distribute narcotics to guests at parties Johnston
hosts. According to the friend, Johnston paid for 3,4-methylenedioxy
methamphetamine (known as MDMA, Ecstasy, or X) for his parties.
During the phone call, Johnston asked if he could purchase
between 40 and 50 Ecstasy pills from the source for between $15 to $20 each.
They discussed the fact that some of the Ecstasy currently available was not
well made. Johnston offered to use a test kit to confirm the quality of the
Ecstasy. On July 19, 2013, the FBI conducted a controlled delivery of 37
Ecstasy pills and 6.3 grams of Ecstasy powder. Johnston paid $1,300 for the
delivery. Following the exchange of Ecstasy and money, Johnston was taken into
custody, and a search warrant was executed a Johnston’s residence.
Agents found the 10 grams of Ecstasy just delivered to
Johnston in a kitchen drawer and a stainless steel Colt Officers Model .45
caliber pistol, which was located in a small black bag on the counter above the
drawer containing the Ecstasy. The pistol was loaded with seven .45 rounds of
ammunition in the magazine and one .45 round in the chamber. Investigators also
found suspected cocaine, suspected steroids, hundreds of suspected prescription
pills, additional firearms, and hundreds of rounds of ammunition, all in his
residence. Further, agents discovered evidence of drug trafficking in a kitchen
drawer. In that drawer was empty pill pouches, a drug test kit and a scale.
In the complaint, the preliminary charging document,
Johnston faces one count of possession of a mixture and substance containing a
detectable amount of MDMA with intent to distribute, which carries a penalty of
not more than 20 years in federal prison and a fine of not more than
$1,000,000; one count of maintaining a drug involved premises, which carries a
penalty of not more than 20 years in federal prison and a fine of not more than
$500,000; one count of possession of a firearm in furtherance of a drug
trafficking crime, which carries a penalty of not less than five years and not
more than life in federal prison and a fine of up to $250,000; one count of
using a telephone to facilitate a drug trafficking felony, which carries a
penalty of not more than four years in federal prison and up to a $500,000
fine.
This case was investigated by the Federal Bureau of
Investigation (FBI). Those who may have information regarding this matter
should contact the FBI at 303-629-7171.
Johnston is being prosecuted by Assistant U.S. Attorneys Guy
Till and David Conner.
A criminal complaint is a probable cause charging document.
Anyone accused of committing a federal felony crime has a Constitutional right
to be indicted by a grand jury, thus finalizing the charges.
The charges contained in the complaint are allegations, and
the defendant is presumed innocent unless and until proven guilty.
E.C. cop sentenced to 8 months home detention
Shawn Pitts an East Chicago police officer who worked a
private security job during the same hours he was on duty as a cop will serve
eight months of home detention. Pitts, 42, will serve the home detention as
part of two years on probation, U.S. District Judge Rudy Lozano ruled during
Pitt’s sentencing hearing Friday.
Pitts pleaded guilty a year ago to mail fraud in connection
with working two jobs at the same time. Pitts, who worked for the East Chicago
Police Department starting in 1997, picked up part-time security jobs at
several housing projects in the city from 2009 to 2011. However, when he was
supposed to be working those jobs, he was actually on duty as an officer.
Let's now, 8 cops doing dress up at an average cost of 70K, this photo cost the taxpayer $300.00
The business of government does not call for an honor guard by the local cops. Again, the Fairfax County Police have to much money and not enough to do.
Idiots at work
Fired
NYPD cop sues to get pension back, cites race for unequal treatment
Veteran NYPD officer Daniel King filed a lawsuit in
Manhattan Supreme Court seeking restitution of his pension, arguing his
benefits were taken away because he is black.
Fiered NYPD officer Daniel King, who is black, filed a lawsuit
that seeks restitution of his pension and unspecified damages. He claims that
many white officers terminated under similar circumstances were allowed to keep
their retirement nest eggs.
A former Manhattan cop who was fired after he pleaded guilty
to writing a false summons is suing the NYPD and the city to get his pension
back, arguing his benefits were taken away because he’s black.
King, 49, was busted in February 2012 for ticketing an
undercover cop for drinking in public when the detective in fact had no alcohol
on him.
As part of the settlement of his administrative case with
the NYPD, King says in his lawsuit that he agreed to retire but only after he
ascertained that he would still qualify for his pension.
Cleveland
police officer suspended
A Cleveland Police officer has been placed on
“administrative relief of duty” after a complaint was filed against him. According
to Evie West, information officer for Cleveland Police Department, Ross Wooten
is the suspended officer.
In July 2006, Ross was charged with two counts of official
misconduct. The Tennessee Bureau of Investigation was in charge of the case in
which Wooten allegedly engaged in sexual relations with two “suspects,”
according to then-TBI information officer Jennifer Johnson and Cleveland Daily
Banner archives.
Johnson said the investigation began in March 2006 after the
“two suspects complained that Wooten engaged in sexual relations with them in
November 2005.”
Texas
Cops Go To Wrong House, Kill Elderly Man, Blame Bad Lighting
Two rookie cops
responding to a burglary call accidentally went to the wrong Fort Worth house
and ended up shooting the homeowner due to "poor lighting," a police
affidavit claims.
Despite being sent to investigate a possible break-in at 409
Havenwood Lane, Officers B.B. Hanlon and R.P. Hoeppner "inadvertently
began searching" [PDF] across the street at 404 Havenwood instead.
The early morning hours of May 28th provided little natural
light for the officers, and the affidavit says there was "no lighting
around the home" of 72-year-old Jerry Waller and his wife Kathy, "and
the officers had only the use of their flashlights."
Facts get a bit murky after that.
The officers allege that they encountered Waller standing
outside his garage with a .38-caliber handgun, and identified themselves. They
insist they only shot Waller after he pointed the gun at them.
But Waller's family tells a different story.
"My father never stepped outside of his garage,"
Waller's son Chris told the Star-Telegram shortly after the shooting. "He
was shot multiple times in the chest only a few steps away from the doorway to
his kitchen."
The only facts not in dispute are that Waller was shot six
times in his own home by two police officers who shouldn't have been on his
property to begin with.
"Married 46 years, and then somebody gets a little
trigger-happy and away they go," Kathy told WFAA back in May.
According to her version of events, Jerry stepped outside
after noticing suspicious bright lights shining outside their bedroom window.
She said she heard some yelling, followed almost immediately
by gunshots.
A police department spokesperson said an internal
investigation was ongoing. Meanwhile, both Hanlon and Hoeppner have resumed
full-time duty.
Second officer arrested in 'fake cop' robberies
A second officer, a 17-year veteran from Saint Clair Shores,
has been arrested accused of robbing unsuspecting drivers at gunpoint.
On Saturday, Fox 2 also reported a Detroit police sergeant
was arrested at the 12th precinct. A tip sent to Fox 2 helped lead to the
arrests. We forwarded a photo from one scene to Detroit Police. They recognized
one of their own in the photo.
More information is expected Monday during a press
conference scheduled for Monday at 3 p.m.
The first incident took place at a Citgo gas station near
French and I-94 on Detroit's east side last Sunday. The clerk says two white
men in a black Ford F-150 with police lights allegedly pistol-whipped customers
pumping gas. The men stole cash and cell phones from their victims. A warning
went out to be on the lookout for "fake cops" but it turns out those
officers were not fake after all. It appears the sergeant in this case was
driving his personal vehicle.
There were at least two reports of men posing as police
officers and robbing unsuspecting drivers at gunpoint. The men had police
badges, bullet proof vests and guns. They looked very official and police considered
them armed and dangerous.
A second incident happened near Harper and 3 Mile Drive. A
man says he was pulled over by three men in a unmarked Crown Victoria. The man
was searched and while he answered questions, his wallet and CDs were stolen.
So, what can you do? Even police say you have permission not
to stop if you don't believe a real police officer is trying to pull you over.
Instead, call 911 and ask the dispatcher for assistance. If all else fails,
drive to the nearest precinct.
Pinetops Cop Convicted In College Student's Death
A Pinetops part-time
police officer has been found guilty of first-degree murder in the 2010
shooting of a fellow student at Mid-Atlantic Christian University.The
Pasquotank County jury deliberated slightly less than three hours Tuesday
before returning the verdict in the trial of 26-year-old Christopher Amyx, who
was sentenced to life in prison without the possibility of parole.
Wellton police officer suspended amid excessive force allegation
A Wellton police officer has been suspended with pay pending
the outcome of two separate internal investigations regarding an allegation of
use of excessive force.
“As per our departmental policy, the use of force by members
of law enforcement is a matter of critical concern both to the public and the
law enforcement community and we believe that we have taken the necessary steps
to preserve that trust regardless of the outcome of either investigation,” said
Lt. Cannon Ball, of the Wellton Police Department, speaking for the chief.
The officer, who is on paid administrative leave as per the
department's policy, has been identified as officer Juan Saenz.
Fort Collins police officer charged in crash with cyclist
FORT COLLINS, Colo. - A Fort Collins police officer has been
charged with a traffic infraction after a collision with a woman on a bike. Police
said Officer William Biberos was on-duty in a marked patrol car when he
collided with a bicyclist at a driveway entrance into the King Soopers store at
2602 S. Timberline Rd. just after midnight on June 6.Officer Biberos was cited
for failing to yield the right of way to a pedestrian in a crosswalk, according
to the Larimer County District Attorney’s Office.
Pittsburgh settles civil rights, wrongful arrest claim with city man for $100K
A western Pennsylvania man and Pittsburgh police have agreed
to a $100,000 settlement in a civil case
in which the plaintiff claimed he was wrongfully arrested by city cops after
making critical remarks to the officers, who were in plainclothes and driving
an unmarked vehicle at the time of the arrest.
Birmingham police officer charged with robbery "betrayed the public trust," chief says
BIRMINGHAM, Alabama - A Birmingham police officer robbed the
same citizen twice in four days, and now is in jail and without his job.
Police Chief A.C. today announced the arrest of 27-year-old
T'Derek Trimayne Luster on charges of robbery and ethics violations. The chief
said Luster resigned today just before he was to go before top police officials
to answer to the administrative charges. He is charged with two counts of each
charge and will be held in the Jefferson County Jail with bond set at $1
million.
""We're extremely disappointed by the actions of
this former officer. As the leader of this department, I will not tolerate
illegal behavior by any of our personnel,'' Roper said. "Luster betrayed
the public trust which is critical to successful police community relations."
Luster was assigned to the evening shift at the city's West
Precinct. He joined the department in December 2008. His brother is also a
Birmingham officer, and remains on the force.
The robberies happened in the pre-dawn hours last week while
Luster was off duty. The first took place on July 13 at 1:30 a.m. on 51st
between Terrace M and Court M. The second happened July 17 at 3:30 a.m. in the
5100 block of Terrace M.
The chief said the male victim was robbed of cash, but
authorities declined to say how much. The officer and the victim appear to be
acquainted in some way. "It's our understanding that they did operate in
similar circles,'' Roper said. "We have not been able to identify the
specific relationship yet."
It wasn't disclosed whether Luster was in uniform when the
robberies happened. Asked if the officer was armed, Roper said, "We
wouldn't say a weapon was used but the fact that he was a police officer, we
would say that implies force even if not intended,'' he said.
Roper said police officials were notified of the victim's
claims on July 17. Detectives launched parallel investigations - criminal and
administrative. The officer was put on administrative duty pending the outcome
of both. "We wanted to keep an eye on him,'' he said.
Police officials said they are thankful the victim felt
comfortable and confident coming forward with allegations against an officer.
"I appreciate the fact that the victim recognized the fact that this
illegal behavior would not be tolerated by the Birmingham Police Department,''
Roper said. "So he trusted us to investigate and bring this suspect to
justice. We will not tolerate crime or corruption from anyone at any
time."
Asked if any other police officers are under investigation
in connection with Luster case, Roper said, "Since this is an ongoing
investigation, I really can't respond to that question,'' he said. "We
will simply say we will follow the evidence wherever it leads."
The announcement of Luster's arrest came just hours after
another former Birmingham police officer was sentenced to 100 years in prison
on arson convictions related to six fires last year in Warrior and Ensley.
Curtis Thornton, 28, was found guilty June 13 of four counts
of second-degree arson and one count each of attempted second-degree arson and
first-degree criminal mischief in four fires in Warrior and two fires in
western Birmingham during April and May 2012.
Roper said officer ethics is so important to him that he
personally teaches the ethics class to all new recruits. "They hear from
me what the expectations are and what the code of ethics means to this
department,'' he said. "That way no one can say they were confused about
the accountability and the expectations."
The majority of his officers, he said, heed the warnings.
"I do understand some people have a tendency to stereotype all police
officers based on the action of a few, but the bottom line is we do a good job
of policing ourselves," he said. "So when somebody loses their way,
it's disappointing to us but we also keep heart in the fact 99 percent of our
officers are doing the right thing."
Spokane officer suspended for link with prostitute
A Spokane police officer has been suspended for two months
without pay after an internal investigation found he had been associating off
duty with a woman who used meth and was involved in prostitution and burglary. Chief
Frank Straub says the investigation also found that Officer Darrell Quarles
conducted an unauthorized records search to check on a criminal investigation
of the woman.
St. Paul's 2012 bill for police misconduct suits: $1 million
Last year, the city of St. Paul paid the largest amount in
lawsuits alleging police misconduct -- about $1 million in total costs -- in at
least 17 years.
One case, settled for $400,000, involved a woman left with
serious burns when St. Paul police used a flash-bang distraction device while
executing a search warrant at her home.
In another case, a man who ran from police wound up with a
skull fracture, gashes on his head that required 21 staples to close and burns
to his face caused by chemical spray. The city settled his lawsuit, which
alleged that officers used excessive force, for $249,000.
Thomas Smith has been police chief since 2010. John Harrington
preceded him, beginning his six-year term in 2004. Lawsuits are sometimes
resolved years after the incidents that triggered them.
Of the eight lawsuits alleging police misconduct that the
city settled last year, half the incidents occurred during Smith's tenure as
chief and the other half occurred during Harrington's time as chief, a Pioneer
Press analysis found. In those eight cases, total costs -- settlement amounts,
city attorney staff time and court costs -- were almost $800,000 in the Smith cases
and more than $230,000 in the Harrington cases.
The recent large payouts have been to people with
significant injuries, said City Attorney Sara Grewing. But she said larger
conclusions shouldn't be drawn from the recent cases because the decision to settle
a lawsuit is "based on what's in the best interest of the city in terms of
dollars and cents."
"In my office, we look at these cases through the eyes
of a future jury and a future judge," Grewing said. "And what they
see and how they view the case is very different than the judgment calls that a
police officer makes at 2:00 in the morning in the middle of the city."
But more people in the community are calling for greater
accountability for police officers, saying they'd like to see the money the city
spends on settlements used for other needs.
"There's got to be a way of holding an officer
accountable for what they do and not put their misdeeds on the backs of
taxpayers of St. Paul," said Jeff Martin, president of the St. Paul NAACP.
"There's got to be some equity in the system -- if you're an officer who
cost the city some money, you should be held to a higher standard, whether
that's losing your job or maybe some of your pension."
Last year's settlements also came during a time when other
incidents brought scrutiny to the St. Paul police department. Among them:
-- Problems at the department's crime lab came to light.
-- A YouTube video that showed an officer kick a man during
an arrest drew widespread attention, and a recently released squad car video
shows another officer pepper-spraying the handcuffed man.
-- The city paid $385,000 to settle a lawsuit from a woman
who alleged police employees violated her privacy by inappropriately looking up
her private driver's license information.
-- Photos surfaced that showed two male officers dressed in
hijabs, head coverings traditionally worn by Muslim women, at Halloween
parties.
Smith said that there were difficult months last year but
that most of this year has been better. As each issue arose, he publicly vowed
to address them. And he stressed that the department had strong community
relationships before these issues came up and it still does.
Grewing said the amount paid to settle cases claiming police
misconduct last year was the largest since at least 1995, the period for which
her office had records.
The Pioneer Press analyzed lawsuits alleging St. Paul police
misconduct or excessive force that were settled from 2004 to the present; three
of the four largest settlements stemmed from incidents during Smith's tenure.
Smith points out that the three cases arose soon after he
took over the department in June 2010, and he said he's made changes since
then.
After becoming chief, Smith said, he increased the amount of
use-of-force training and improved it -- not because of lawsuits, but to keep
officers and the public safe. The department also made policy changes,
including regarding its use of Tasers.
Police in St. Paul make thousands of arrests a year
"and very few of these cases" lead to lawsuits, Smith said.
"Regardless of what happens with officers -- whether it
happens with lawsuits, complaints or whatever -- I never want to take away
their flexibility to defend themselves and the public," Smith said. He
said he doesn't want his officers to "worry that they're going to be
sued."
Martin said that Smith, who leads the department of more
than 600 officers, probably inherited problematic officers from past
administrations but must figure out how to handle them.
"We need a more collaborative method that shows us the
cops are clean, they're respectful, they're very professional," he said.
"You don't need thugs with badges. When you have these people and they
come to your attention, the chief should be fighting to fire them," which
means going up against the St. Paul Police Federation when the union appeals
discipline the chief has imposed.
A COST OF DOING BUSINESS?
The St. Paul Police Federation sees too much finger-pointing
at police over the settlement costs.
"These officers have seconds to decide life-and-death
situations," union president Dave Titus said. "Attorneys and city
management who have very little concept of police tactics can sit back for
months and months to debate what we did, and officers had the luxury of
seconds."
A St. Paul city attorney's list of the largest settlements
in 2012 showed 10 cases stemmed from the police department, four from public
works, one from the water department and one from the city council. The largest
non-police case was a trip-and-fall case against public works, settled for
$33,000.
St. Paul lawyers Paul Applebaum and Andrew Irlbeck
represented three people who obtained settlements in St. Paul police misconduct
lawsuits in the past 14 months.
Applebaum, who has been representing people with police
misconduct claims since 1995, said he's seen more cases with people who have
more serious injuries, in particular in St. Paul. He doesn't know whether
that's a sign that more people are coming forward than in the past or if more
serious cases are occurring.
Irlbeck said cities see "police misconduct and the
money that goes along with it as the cost of doing business rather than a
problem that can be solved on the political or policy-making end."
"It just seems to be a cost they're going to shoulder
and blame it on lawyers and greedy plaintiffs," he said, "when in
reality it's a failure of policy."
Smith disagreed, saying police evaluate what happens when
there are lawsuits or excessive-force complaints or when the department
otherwise becomes aware of concerns.
"We want to look to make sure we have followed our
training, our policies and procedures, and we want to make sure that if there
are things that we can improve upon, that we do that," he said.
Irlbeck said police departments tend not to impose serious discipline
on officers accused in lawsuits. He thinks that's partially because if a city
pays a settlement and fires the officer involved, it appears to be admitting
guilt.
Smith said that's not the case -- if officers are found to
have violated department policy, discipline could follow.
"I hold people accountable," he said, but he noted
that a city settlement of a lawsuit doesn't mean an officer did anything wrong.
Vaughn Larry, a community organizer and crime-prevention
coordinator with the Aurora St. Anthony Neighborhood Development Corp., said he
and other residents hear little about the Police-Civilian Internal Affairs
Review Commission, which has not posted an annual report online since 2009.
The board, which consists of five community members and two
police officers, reviews complaints against officers and makes recommendations
to the police chief about whether disciplinary action is warranted.
"I thought they did away with that thing," Larry
said of the board. "They were saying that it's not needed. But I do
believe we should have some say."
The board, still in existence, is called upon to meet with
the community three times a year, said Howie Padilla, St. Paul police
spokesman. If there are complaints that the board hasn't given enough information
to the community, they haven't reached the chief's office, he said.
Smith regularly meets with community groups, and the Rev.
Runney Patterson, pastor of New Hope Baptist Church on St. Paul's East Side,
said he and other leaders have met with the chief.
"If you ask me if relations with the police department
are better or worse, I think the (police settlement) numbers speak for
themselves," Patterson said. "Things have not really gotten any
better. There have been some concerns from our community, the African-American
community. When things continue to happen over and over again, it makes you
really wonder if people really want these things to get better."
Smith said the police department's relationship with the
community is strong. He says the department has won awards for
domestic-violence and auto-theft work, used social media to engage people, and
holds community outreach events. Serious crime in St. Paul has been down this
year, Smith said; he credits police prevention and intervention work.
"We're going to have challenges," Smith said,
"but we try to change our direction to make sure that we're doing the
right thing by the community because truly they're our No. 1 priority for
service in the city."
ATTORNEY FEES A FACTOR
St. Paul is self-insured and settlement costs come out of
the city's tort liability fund. In theory, the money that pays for settlements
could be used for anything else in the general fund.
But city council President Kathy Lantry said the reality is
that in years when money has been left in the tort liability fund the city
council has not used it to for other budget items. That's because
"settlements don't have a timeline, so we have to keep money
available," Lantry said.
The tort liability fund has grown in recent years, from a
budgeted $270,000 in 2011 to $319,500 in 2012 to $719,500 this year.
The Pioneer Press' analysis of lawsuits included settlement
amounts, city attorney staff time and court costs. Grewing, the city attorney,
said she disagreed with the inclusion of staff time in the total because those
salaries would have been paid to assistant city attorneys anyway.
Between 2004 and now, there were 79 lawsuits alleging St.
Paul police misconduct or excessive force that were resolved, according to the
city attorney's office. Forty-two of those lawsuits were settled. Seventeen
lawsuits resulted in a judgment in favor of the city, 18 were dismissed, and
two were closed.
Titus questioned why some cases are being settled and said
the city attorney's office should be more aggressive in defending the city.
But Grewing said her office must decide cases in the best
interests of the city as a whole. The rising cost of attorney fees is always a
factor, Grewing said.
"If a jury would find that a city is even liable for a
dollar of damages, then that (plaintiff's) lawyer is entitled to a reasonable
amount of attorney's fees," she said. If someone suing the city has
significant injuries, Grewing said, and "we know a jury's going to find in
the plaintiff's favor ... if we're looking at a $300,000 attorney's-fee bill,
we make that calculation."
Lantry said it's important to look at settlements in the
context of other cities.
How does St. Paul compare with Minneapolis? In 2011,
Minneapolis paid an average of about $239,000 in 17 lawsuits with an
officer-conduct-related claim, compared with an average of about $70,000 in
five cases claiming misconduct in St. Paul. In 2012, Minneapolis paid an
average of about $46,000 in 16 cases, while St. Paul's average was more than
$113,000 for eight cases.
While St. Paul's two largest settlements in cases alleging
police misconduct have each been $400,000, Minneapolis agreed in May to pay $3
million to settle a lawsuit filed by the family of a man who died after an
altercation with police in 2010. A record-setting settlement came in 2007, when
Minneapolis paid $4.5 million to an officer who was working undercover when
another officer mistook him for an assailant and shot him.
A 'VIDEO WORLD'
St. Paul doesn't admit liability when it settles a lawsuit
"A lot of the settlements are risk assessment: What are
the chances we can win? What will the jury say? How will the public view the
case?" Lantry said. Lantry, who attends all settlement conferences, said
she's never left one feeling the officers were clearly in the wrong.
The city attorney's office sends memos to all city
departments at the conclusion of lawsuits, which include recommendations for
any changes. Grewing said they're confidential under attorney-client privilege,
so she can't specify what suggestions have been made, but sometimes they
recommend changes to training.
All Minnesota officers must undergo annual training in the
use of force. St. Paul police have always had more training than required and
have had even more in recent years, said Cmdr. Mary Nash, who heads the
department's training unit.
Included in this year's training for all St. Paul police was
diversity awareness and a class called Law Enforcement Active Diffusion
Strategies.
About 50 percent of the class teaches officers to verbally
defuse tense situations, said Kevin Dillon, who created the class. Dillon, a
retired Wethersfield, Conn., police lieutenant, said the class stresses good
communication.
"We believe this will reduce the litigation aspect as
well," Dillon said. "Most of the time people sue because of the way
they're treated, not because of mistakes that are made."
Though the focus of the class is "reinforcing that calm
breeds calm," Nash said that's not always possible.
"Keep in mind that police encounter more resistance and
defiance today than probably ever before," said Nash, a St. Paul police
officer for almost 25 years.
She pointed to national statistics of officers killed and
assaulted. Around the country, 47 law enforcement officers were
"feloniously killed in the line of duty" in 2012, compared with 72
officers in 2011 and 56 officers in 2010, according to the FBI. There was a 2.4
percent increase nationally in assaults on officers from 2010 to 2011.
Also, in today's "video world," when almost
everyone has a camera on their cellphone, police find that people may be more
likely to "bait" officers to get a reaction on video, Nash said. But
part of recent training taught officers "that people can and will film us
but not to get sucked into a confrontation," Nash said. "Get caught
doing the right thing -- respect breeds respect."
One recent case captured on video in St. Paul: last August's
arrest of Eric Hightower. In a bystander's video, posted to YouTube, an officer
kicked Hightower while he was on the ground.
A newly released squad car video shows an officer, Matthew
Gorans, using pepper spray on Hightower while he was handcuffed in the back of
a squad car. Prosecutors who reviewed the case and declined to file charges
against either officer said Hightower was resisting getting into the squad car
and Gorans was working to get him in.
Gorans was also involved in the 2010 arrest of a man that
led to a lawsuit settled last year for $249,000; Smith disciplined him for
using excessive force in that case.
After an internal affairs investigation into Hightower's
arrest, sources say Smith decided to fire Gorans. But Gorans remains listed as
an officer and is appealing Smith's decision.
Seamus Mahoney, Hightower's attorney, said he's planning to
file a federal lawsuit in the case shortly.
"Having seen the video and knowing the outcome of the
internal affairs report, clearly even the department recognizes the officers
were in the wrong in the way they treated Mr. Hightower so liability is
clear," Mahoney said. "The issue will just be what the damages
are."
Grewing said she couldn't comment on a lawsuit she hasn't
seen.
Mara H. Gottfried can be reached at
mgottfried@pioneerpress.com or 651-228-5262. Follow her at
twitter.com/MaraGottfried or twitter.com/ppUsualSuspects. MaryJo Webster can be
reached at mwebster@pioneerpress. com or 651-228-5507. Follow her at
twitter.com/mndatamine. Frederick Melo can be reached at fmelo@pioneerpress.com
or 651-228-2172. Follow him at twitter.com/FrederickMelo.
LAWSUITS AGAINST THE ST. PAUL POLICE DEPARTMENT
Search lawsuits alleging police misconduct by either the
year closed or the disposition (settled, judgement for city, etc). Or simply
click "Search" button to see all cases. The graphic that appears will
display the average costs per year for only the cases that are displayed.
The former Chief of Police of Crestview, Brian Mitchell, was
arrested Thursday on one count of official misconduct.
These charges allege that Mitchell, while Chief, either
falsified or caused to be falsified various documents related to the hiring of
Joseph Floyd.
Mitchell was released on a 5,000 dollar bond.
City OKs $10 million payment over coerced confession
Hours after the Chicago City Council signed off on a $10
million payout to settle his lawsuit, a somber Eric Caine stood in his lawyer's
Near West Side office Wednesday surrounded by relatives of other alleged
victims of police misconduct.
Caine didn't crack a smile. He said the money could never
erase the 25 years he spent behind bars for a crime he did not commit. But he
hoped his case brought attention to the plight of other men languishing in
prison despite valid claims of police wrongdoing.
"They know they're innocent, but they have little or no
way to prove it, and they struggle to get anybody to hear their cries to help
them," Caine said in a low voice.
Caine's case was the latest in a series of lawsuit
settlements involving disgraced former police Cmdr. Jon Burge and detectives
under his command that have brought the tab to nearly $70 million when legal
fees are counted.
Caine's attorney, Jon Loevy, used Wednesday's news
conference to sound a warning that even as cases involving Burge and his men
get resolved, there are scores of others involving other Chicago detectives who
"made cases regardless of guilt or innocence."
Loevy said that while the city has been forced to come to
terms with Burge's wrongdoing, the tendency is to resist acknowledging that the
problem of police misconduct was systemic.
"There are obviously a small number of police officers
where there are great clusters of accusations that improper tactics were used
and wrongful convictions occurred," Loevy said. "The city would have
us believe that if we just take care of the Jon Burge cases, the problem will
go away. Not so."
Among the names mentioned Wednesday was Kenneth Boudreau,
who worked under Burge and was featured in a 2001 Tribune series that found
Boudreau had helped obtain confessions from more than a dozen defendants in
murder cases in which the charges later were dismissed or the defendant was
acquitted at trial.
The lawyers also mentioned Ray Guevara, a now-retired West
Side homicide detective who over the years has been accused of beating suspects
into confessions, falsely translating statements of Spanish-speaking suspects
and threatening witnesses with criminal charges if they did not say what he
wanted them to say.
In 2009, a federal jury awarded $21 million to Juan Johnson
after finding Guevara intimidated and threatened witnesses to get them to
testify against Johnson, who spent more than 11 years in prison until he was
acquitted in a retrial.
Two inmates, Armando Serrano and Jose Montanez, are vying
for a new trial after the main witness in their 1993 murder case recanted and
accused Guevara of intimidating him into making a statement. At a hearing this
year, Guevara took the stand and invoked his Fifth Amendment right against
self-incrimination when asked about the alleged frame-up. The case is pending.
At Wednesday's news conference, Maria Rodriguez stood with
tears in her eyes as she held up a photo of her son, Ricardo, who she says was
framed by Guevara for murder. After 18 years in prison, her son is still
hopeful his claims will be heard, she said.
Caine, 47, said he falsely confessed to the 1986 murders of
an elderly couple, Vincent and Rafaela Sanchez, after two detectives working
for Burge threatened and punched him, rupturing his eardrum, as he sat
handcuffed to a chair in a South Side police station.
A judge threw out Caine's confession in early 2011, and
prosecutors dismissed the indictment after determining they could not go
forward without the tainted confession as evidence.
Burge is serving a 41/2 year sentence on a federal
conviction for lying in a lawsuit about his knowledge of police torture.
Caine said Wednesday that he still struggles day to day
because of his ordeal, but he always had faith he would be vindicated.
"I'm better today than I was yesterday, I can tell you
that."
What cops cost us
Voorhees
pays $60,000 to settle police false arrest/malicious prosecution suit
On June 15, 2011, the Township of Voorhees (Camden County NJ)
agreed to pay $60,000 to a local man who sued members of the Voorhees Police
Department for allegedly arresting him without probable cause because he
"needed an education."
In his suit, Michael Sebastian, Jr. said that on June 12,
2007, the day after he was arrested for contempt of court after having been
found guilty of a traffic violation, he needed police assistance regarding an
attempted burglary at his home. The
officers who responded, Carlos Garcia-Lazar and Anthony Rusterucci, questioned
him as to what he would do if he found an intruder in his home. After Sebastian responded that he would use
all necessary force, including deadly force, the officers allegedly told him
that use of force wouldn't be appropriate if the intruder was a police officer
serving a warrant. Sebastian said that
he explained to the officers that he did not mean that he would use force
against an officer, rather that he understood the question to be limited to
illegal, unidentified intruders.
According to the complaint, the two officers consulted with
Lieutenant Francis Bialeki and Sergeant Robert Woolston who caused a warrant to
be issued charging Sebastian with "making a terroristic threat to kill a
township official." Thereafter,
about a dozen police officers came to Sebastian's home, arrested him and took
him to the police station where he was allegedly denied access to an attorney
and detained and questioned for five hours.
Sebastian claimed that Officer Richard Monahan told him that that the
arrest was precipitated by his actions in the municipal court the previous day.
Monahan alleged that the Camden County Prosecutor's Office
declined to indict him for the terroristic threats charge and that the matter
was returned to municipal court for disposition. The municipal court ultimately dismissed the
charges after police officers failed to appear to testify on the State's
behalf.
Also named in the suit were Voorhees Police Officers Daniel
Starks and Lance Klein.
Cop Dog Killers: Pet dog shot by Crestview Police Officer
Cop Dog Killers: Pet dog shot by Crestview Police Officer: A pet dog shot to death by a Crestview Police Officer.A lot of people in the community want to know why it happened. The police departmen...
Arrest of San Marcos cops
SAN MARCOS — The spectacle of police here arresting two of
their own has generated kudos from a watchdog group, surprise from residents
and disgust from Police Chief Howard Williams.
The cases of Cpl. John A. Palermo, accused of assaulting a
pedestrian who happened to walk by a traffic stop, and Patrolman David K.
Amerson, charged with prescription fraud, mark the first times in Williams'
10-year tenure as chief that he's jailed a member of his 97-officer force.
The charge of aggravated assault by a public servant against
Palermo stems from a downtown traffic stop he made at 1:10 a.m. May 29, during
which, Williams said, Alexis Alpha, 22, walked by without looking or speaking
to the motorist or Palermo.
Palermo summoned Alpha back “in reference to her walking
near his traffic stop,” according to an affidavit.
An argument erupted as Palermo sought identification from
Alpha, and as it escalated, Alpha used a crude epithet and Palermo grabbed her,
slammed her to the pavement and sat atop her while applying handcuffs, the
affidavit states.
After being treated at a hospital for broken teeth and a
concussion, Alpha was charged with public intoxication, resisting arrest and
obstruction and was booked into Hays County Jail.
Cops and the women they abuse: Abused women
Cops and the women they abuse: Abused women: The NYPD Internal Affairs Bureaus investigating death The NYPD Internal Affairs Bureau is investigating the death of Kyam Livingston in B...
vacation time for cops
Cop suspended
for 4 days…in other words gets a weeks vacation
ST. PETERSBURG, Fla. — A St. Petersburg police officer has
been suspended after video showed him dragging an inmate into the Pinellas
County Jail by her shirt.
Officer Christopher Goodwin, 47, received a four-day
suspension, according to a memo released by the St. Petersburg Police
Department. The incident happened on April 13. According to the department,
Goodwin arrested Debra Leibrock for disorderly intoxication and trespassing.
When they arrived at the jail, video shows Leibrock getting
out of the car, and sitting on the ground. Goodwin then grabs the back of her
shirt and drags her across the floor of the parking area into the jail.
According to the memo, Goodwin admitted his actions were inappropriate, and
said there "many other options for him to deal with a passive resistant
prisoner."
Las
Vegas police officer suspended following shooting…in other words cops gets a
week off for shooting a man
Las Vegas, NV (KTNV) -- A Las Vegas Metropolitan Police
Department officer was suspended for shooting a man in the leg, back in
November.
That officer will be suspended for 40-hours without pay, and
has to undergo an extensive training program made just for him.
Officer Jacquar Roston was the only officer to respond to a
domestic violence call, between a woman and her boyfriend.Roston asked the
woman to get out of the car. Moments later, police said the officer saw the man
putting his hands underneath his seat and saw a shiny, metal object.That's when
police said the officer shot the man in the leg. Turns out, the suspect did not
have a weapon.
"Officer Roston was wrong in his perception in what the
passenger had in his hand, for he only had his hat. However, what you may not
be aware of is what Roston observed the male passenger doing when he was
reaching under the seat. The passenger was attempting to hide some
marijuana," said Sheriff Gillespie.
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