Vt. bills aim to boost police oversight, training
By DAVE GRAM
MONTPELIER, Vt. (AP) — Vermont
lawmakers are considering two bills that backers say will boost the
professionalism of police officers, but some law enforcement officials see them
as meddling in their affairs.
One would require part-time
police officers, including deputy sheriffs, to undergo the same 16 weeks of
training that full-time officers get at the Vermont Police Academy in
Pittsford. The part-timers now spend one week — that will be increased next
month to two — at the academy, with additional coursework and on-the-job
training while serving.
The other would strengthen the
authority of the Vermont Criminal Justice Training Council, which oversees the
academy. The council would be able to hear allegations of professional
misconduct by police officers and have the power to strip officers of their
professional license.
The measures have the backing
of key lawmakers, including the chairs of the House Judiciary Committee and the
House Government Operations Committee. But they’re getting pushback from the
Department of Public Safety, which oversees the Vermont State Police, and the
Vermont Sheriffs’ Association, which represents the 14 county sheriffs’
departments.
Rep. Bill Lippert, D-Hinesburg,
chairman of the Judiciary Committee, said the bills align with his committee’s
longstanding effort to support law enforcement with increased training and
resources.
‘‘We've tried to give them the
resources they need, as well as the accountability and training,’’ he said. He
called expanding the powers of the training council to discipline officers an
effort to give law enforcement ‘‘better tools to self-monitor their own
profession.’’
But Windham County Sheriff
Keith Clark, president of the Vermont Sheriff’s Association, opposes the bills
and says they will hurt police departments.
The professional discipline
measure ‘‘steps on some of my authority to manage my own personnel,’’ he said.
He said he knows his employees best and is better suited to come up with
solutions when problems arise among his 10 full-time and roughly 20 part-time
deputies.
Clark also took a dim view of
the measure to increase training for part-time officers. Most of the
part-timers have other jobs and would struggle to get time off for 16 weeks of
Police Academy training, he said. He generally tries to assign the part-timers
to less sensitive roles — directing traffic around construction sites, for
example, versus the road patrols that might deal with drunken drivers and
domestic violence, he said.
Rep. Linda Waite-Simpson,
D-Essex, a member of the Judiciary Committee, said Clark’s practice for
part-timers is not uniform across the state.
Other professionals, from
architects to doctors, ‘‘do not have a different standard based on the number
of hours a person works,’’ Waite-Simpson said. ‘‘People carrying firearms and
carrying out the statutes we pass here, we expect them to be fully trained.’’
Clark called the training bill
a solution in search of a problem.
‘‘If the legislators could say
to me that of the last 50 shootings by police officers, 49 were by part-time
officers, that’s a problem. But that’s not been the case,’’ he said.
Clark, Public Safety
Commissioner Keith Flynn and others said top law enforcement officials are
working together to come up with rewrite of the training bill that likely will
call for specific training for the duties to which part-time officers are
assigned. Rep. Donna Sweaney, chairwoman of the House Government Operations
Committee, said her committee stands ready to review such a proposal.
Businessman files lawsuit against San Diego police, claims wrongful arrest
Matt Mendes
SAN DIEGO - A businessman has
filed a lawsuit against the San Diego Police Department, claiming he was
wrongfully arrested because he refused to answer an officer's questions.
10News learned the incident
happened in July at a 7-Eleven store in National City. David Levy filed the
lawsuit alleging negligence, false imprisonment and that the officer searched
his car without reason.
Levy's attorney, Chris Ramey,
said his client was stopped by police for having expired car tags. According to
Ramey, once Levy showed the officer he had paid his registration, the officer
suspected Levy was high on drugs.
Levy was arrested for being
under the influence and having a burglary tool, which was a pair of wire
cutters used for work. Ramey said drug tests later came back negative and Levy
has no criminal history.
"It's a big blow to Mr.
Levy and it's unfortunate someone had to suffer at the hands of police that
didn't do anything wrong," said Ramey.
Ramey believes the officer got
upset when Levy refused to answer his questions. Levy felt the officer was
being irrational so he refused to talk.
"When Mr. Levy said, 'I
don't want to answer any more questions,' [the officer] became angry and began
to teach Mr. Levy a lesson by making up stories so that he can put Mr. Levy in
jail for not answering questions, and that's exactly what happened," said
Ramey.
Levy is suing the city for
$25,000 in damages. Ramey said his client has been embarrassed and humiliated
by the incident and wants to make sure it doesn't happen to anybody else.
Ramey is hoping this case will
go to trial and have a jury decide the outcome within a few months.
10News' calls to the City
Attorney's Office were not returned, likely because they do not normally
comment on pending litigation.
Jury continues deliberations in former West Sacramento cop's rape case
A jury ended the week without a
verdict in the trial of a former West Sacramento police officer accused of
raping multiple women while on duty.
WOODLAND, Calif. - A Yolo
County jury ended the week without a verdict in the trial of a former West
Sacramento police officer charged with raping multiple women while on duty.
The jury began deliberating
last Friday in the case of Sergio Alvarez. They've had the case for five days
(Presidents Day was a holiday), but experts say that isn't surprising for a
trial this complex.
The jury spent several weeks
listening to testimony from five alleged victims who accused Alvarez of rape,
kidnapping, and related charges. Alvarez faces 27 counts. The jury has a lot of
information to consider.
"The jury will be allowed
to continue to deliberate as long as the foreperson of the jury reports to the
judge that continued deliberations will be beneficial to the jury in reaching a
verdict," former U.S. Attorney McGregor Scott said.
At this point in the
deliberations, there could be a majority of votes on one side that just need a
little more time to win over those in the minority.
"But then the other
scenario would be that that one simply says, 'this is my verdict; I'm not
changing my mind'. It's 11 to 1, and then at that point, you have a hung jury
and an impasse, and the judge brings them in, and typically after this lengthy
of deliberations would declare a mistrial," Scott said.
No one can be sure what the
jury is thinking or how much longer they'll take. Antoinnette Borbon writes for
the Davis Vanguard. She was in court for most of the Alvarez trial and studied
the jury closely.
"During trial, some of
them looked pretty convinced that they felt he was guilty, but you never know.
Body language can be a tell-tale, but once they get behind there and having to
look at everything, you got pages and pages of transcripts to look at,"
Borbon said.
With 27 different counts to
weigh, the jury could convict on all, some, or none of them. Even if jurors
reach a partial verdict, the prosecution would have the option of retrying
anything that is left undecided.
Deliberations resume Monday.
Texas officer charged in reckless driving case
CORSICANA, Texas (AP) — An East
Texas police officer has been charged in a reckless driving investigation
prompted by the death of an Iowa motorist who witnesses say was run off the
road.
Ernesto Fierro turned himself
in at the Parker County jail Thursday and later was released on an $85,000
bond. He's charged with aggravated assault with a deadly weapon, official
oppression and three counts of reckless driving.
The officer in the town of
Malakoff, 70 miles southeast of Dallas, was off-duty riding his personal
motorcycle when the December incident occurred in Navarro County.
Seventy-year-old William
Livezey, along with witnesses, called 911 claiming Fierro was trying to force
Livezey off the road. When deputies arrived, Livezey was in handcuffs and said
he wasn't feeling well.
He was taken to a hospital
where he died.
Unionville police officer charged with sexual misconduct with minor
David Banks, 25, found, arrested in DeKalb
County after termination from Unionville PD
DeKalb County
A former Unionville Police
officer was charged with sexual misconduct involving a child after Kirksville
Police received and investigated claims he was exchanging inappropriate text
messages with a juvenile.
David Banks, 25, was arrested
at a residence in Stewartsville after being terminated from the Unionville
Police Department over allegations of sexual misconduct.
According to the Kirksville
Police Department, the suspect had been exchanging sexual explicit text
messages and had sent at least one image to a 14-year-old female in Unionville.
KPD began its investigation Thursday.
Following his termination with
the police department Thursday, Banks is alleged to have left Unionville and
was located at a residence in DeKalb County, where a search warrant was executed
for his arrest early Friday morning.
Banks was being held in the
Daviess/Dekalb Regional Jail as of Friday morning on a $10,000 cash-only bond.
He was charged with the class D felony of sexual misconduct involving a child.
The investigation is ongoing
and other charges are pending, according to KPD.
Police: Airport Cop Who Hit Man was OWI
An Indianapolis Airport police
officer was arrested Saturday morning in connection with a drunken driving
accident that left an Indianapolis man in critical condition.
Around 4 a.m. Saturday morning,
Indiana State Police responded to a crash on I-65 northbound at the 112.5 mile
marker, near the I-65/I-70 split in downtown Indianapolis.
Officers arrived to find Paul
Hines, 58, of Indianapolis, had been pinned between his car and a guardrail in
the emergency shoulder. Hines had been changing the right front tire on his car
when another vehicle, driven by Lindsay Standeford, 24, of Mooresville,
collided with his vehicle.
Police said their preliminary
investigation revealed that Standeford crossed the white fog line and struck
the left rear of Hines' vehicle, shoving it forward and pinning him against the
guard rail.
Hines was transported to
Eskenazi Hospital in critical condition with injuries to his upper body.
Standeford, who is an
Indianapolis Airport police officer, submitted to a blood test following the
crash that showed her BAC at .14 percent. She was off-duty at the time of the
crash, and was not injured.
Officials from the Indianapolis
Airport Police Department said Standeford had been placed on paid
administrative leave pending further investigation.
Standeford was taken to Marion
County Jail on preliminary charges of operating a motor vehicle while
intoxicated causing serious bodily injury, a class "D" felony.
Mayor addresses disciplinary action within Seattle Police Department
Seattle Mayor Ed Murray on
Friday spoke out about disciplinary action within the Seattle Police
Department.
Murray is defending Interim
Police Chief Harry Bailey, who reduced the penalty of Seattle Police Officer
John Marion. Marion originally got a one-day suspension for threatening to
harass Dominic Holden, who is a reporter and news editor for The Stranger
newspaper. The punishment was changed to
Marion being required to get more training.
"While this could be
perceived as a lesser punishment under the current legal framework, Chief
Bailey believes, and I support him, that the framework for this process is
reflective of what is most constructive," said the mayor. "Training. Changing behavior."
The one-day suspension, Murray
says, would not be as effective because Marion, or any other officer who is
suspended, could use vacation pay to make up the hours and income he would've
lost.
Holden says Marion was let off
too easy, and argues that the officer could have been ordered to go through
more training, in addition to the one-day suspension.
"Training is not a
punishment," said Holden.
"Training is what we should be doing no matter what. What police officers do is punish people who
do wrong, and we need the same standards for them as they give us."
Holden also says the interim
chief mis-led city officials, including the mayor, by trying to pretend he had
not reduced the officer's punishment.
"The letter you sent to
the mayor and city council says you concurred with the finding of
misconduct," Holden challenged Bailey during Friday's press conference.
Then he turned his attention to
the mayor.
"If you want to reform a
police department, don't you want a chief who is honest with you?" he asked.
Mayor Murray immediately
responded.
"First of all, I disagree
with you," said Murray. "I
believe we have a chief who is honest and taking action against individuals who
need to have action taken against them."
Holden isn't so sure.
"The police chief has let
him off the hook and that sends a message to all cops that you can commit acts
of misconduct and you can simply wait it out and political forces will free you
later," he said.
If was also disclosed Friday
that Bailey changed the discipline of several more officers, in unrelated
cases.
Mayor Ed Murray has asked for a
review of the entire grievance process.
He hopes that re-evaluating the process will help both the public and
the police department.
Walnut Ridge officer faces drug and fraud charges
By Jorge Quiquivix
Guilty verdict born of a dinner
meeting
Former cop who plotted
kidnapping, murder met the man who recorded plans at West Side restaurant
The story behind the bizarre
trial of Steven Mandell and his plot to murder and dismember a businessman
began at a quiet table at a popular restaurant on Chicago's Near West Side.
It was July 2012, and real
estate mogul George Michael was lunching at La Scarola on West Grand Avenue. At
the table was Albert Vena, a reputed Outfit boss, and several other alleged
mobsters. A friend brought Mandell to the table and introduced him to Michael,
and a relationship was born.
What unfolded over the next
three months, culminating in Mandell's sensational arrest that October, was
"so chilling, so grim ... it's almost stunningly hard to believe," as
one federal prosecutor said in court.
Mandell, a former Chicago cop
who was once on death row, was convicted Friday on charges he plotted to
kidnap, torture, kill and dismember a suburban businessman. The jury acquitted
him, however, in a separate plot to kill an associate of a reputedly
mob-connected strip club. Mandell faces up to life in prison.
Michael secretly wore a wire
for the feds and pretended to go along with the plan to kill Riverside landlord
Steven Campbell. Michael found Mandell a suitable space to carry out Campbell's
torture and murder — a Northwest Side storefront that Mandell referred to as
"Club Med" — and had contractors outfit it with an industrial sink,
butcher table and other equipment needed to drain the body of blood and chop it
to pieces.
The undercover recordings made
by Michael, as well as conversations caught on FBI cameras at Club Med, gave
Mandell's trial the feeling of something out of a Quentin Tarantino movie.
There was snappy dialogue, a cast of foul-mouthed underworld characters and
moments of dark humor.
Jurors seemed to be stunned at
times as they listened to Mandell and his alleged accomplice, Gary Engel, joke
about mutilating Campbell before they killed him. Much of the action played out
on a giant screen in U.S. District Judge Amy St. Eve's darkened courtroom as
jurors watched hours of video of Mandell and Engel making final preparations
for Campbell's kidnapping. They laid out saws, knives, a meat cleaver and
Ambien pills in case they needed to put Campbell to sleep. A chessboard was set
up to pass the time.
The jury heard the two quibble
over the workmanship of their torture chamber, with Engel pointing to the
plumbing and exclaiming in a clipped Chicago accent, "What the (expletive)
is this (expletive) abortion?" Engel hanged himself in his jail cell soon
after his arrest.
Also featured was a 30-minute
video from an infrared camera mounted on an FBI spy plane. An agent in the
plane circling high over Arlington Heights followed Mandell as he placed a
tracking device on a girlfriend's car and tossed what amounted to a killer's
"to-do" list inside a garbage can in a secluded suburban park.
On the last day of testimony,
some jurors cracked smiles as they listened to a series of phone calls Mandell
made to his 82-year-old wife from a Loop federal jail after his arrest. Mandell
told her to find her Nissan that he'd left parked near Campbell's home,
instructing her in a cooing voice several times to "throw away" the
trash in the car, explaining, "You need all your space for your
groceries."
A frustrated Mandell could be
heard trying to give his wife directions to the car as she wrote them down.
"Just go to Joliet Road!" Mandell shouted.
"Oh my God, I'm telling
you," she replied. "Ah, slow down!"
The jury also convicted him of
obstruction of justice.
The trial offered a short
course on the current state of the Chicago Outfit and included names like
"Little Guy" Vena and Robert Panozzo, the convicted burglar who
Michael testified introduced him to Mandell during that lunch at La Scarola.
One part of Michael's testimony
went barely noticed amid the lurid charges against Mandell, but it undoubtedly
caught the attention of the people who dined with Michael that July day at La
Scarola. The FBI recorded the meeting, though the tape was never played during
Mandell's trial and his attorneys were barred from delving into how or why it
was made.
After the verdict was handed
down Friday evening, U.S. Attorney Zachary Fardon called the case
"extraordinary" and praised the work of the FBI and federal
prosecutors in taking a dangerous figure off the street.
Robert Holley, the special
agent in charge of the Chicago FBI, acknowledged that Michael's role in the
case was significant, but he stopped short of praising him for wearing a wire.
"Yes, there was a risk to
him for his involvement in this case, but he did what he needed to do,"
Holley said.
Former Philadelphia officer pleads guilty to robbery plot; more arrests may follow
By DAVID HENRY
PHILADELPHIA - February 24,
2014 (WPVI) -- A veteran Philadelphia police officer has entered a guilty plea
in a far-reaching corruption probe.
Former narcotics officer
Jeffrey Walker pled guilty to robbery and weapons charges in federal court
today. But he is just one crooked cop who may be among many rounded up in an
ongoing federal investigation.
Walker is cooperating and
naming names.
Walker's defense attorney
Thomas Fitzpatrick explains, "These are dangerous people who've engaged in
significant criminal activity for quite some time."
Fitzpatrick says he has been
talking to the FBI and a grand jury, and it appears to be a far-reaching
investigation.
Walker was tripped up by a drug
dealer who was cooperating with the FBI. Walker approached the dealer with a
plan to set up and rob another drug dealer.
They went to a bar on West
Girard Avenue last May where Walker was videotaped planting cocaine in the
other dealer's car.
When that man left the bar,
Walker had him pulled over and arrested. He then went to the man's house on
Florence Avenue and stole $15,000 cash and five pounds of marijuana.
Walker was arrested by the FBI
as he left the house.
Assistant United States
Attorney Anthony Wzorek says, "It's outrageous behavior. It's a front to
the citizens of the city and to the other honest members of the Philadelphia
Police Department."
Since he was arrested Walker
has been cooperating with the FBI. That cooperation led to a search of the
Schuylkill River for a safe that was never found.
Walker has also been naming
others.
His lawyer says the
investigation involves too many cops and civilians to count, and he says there's
a lot of money involved.
"At the end of the day
it's going to result in a significant amount of indictments, we believe, and
significant police corruption being uncovered in the city," Fitzpatrick
said.
This corruption investigation
has been ongoing for some time, and there's no indication of when it might be
wrapped up. So far Walker is the only one arrested, although the police have
recently removed six other narcotics officers from active duty.
Trumbull Cop Accused of Sex Assault of Police Explorers Member
State
police have arrested a 20-year veteran of the Trumbull police department who is
accused of sexual assaulting one member of the police department's explorer
program and sharing inappropriate texts with another.
Trumbull police said
William Ruscoe, 44, has been suspended from duty and there is an internal
investigation to determine if he violated any department policies or
regulations.
Ruscoe served as an
advisor to the explorer program, which works with youth interested in possible
law enforcement careers, for several years, according to a statement from
Trumbull Police Chief Thomas Kiely.
The application for the
arrest warrant says one victim is now 17 and he is accused of sharing
inappropriate texts with her.
The other victim is now
18-year-old.
The investigation into
Ruscoe started on Oct. 14, 2013, when a suspicious incident was reported at a
high school in Tolland County.
The 17-year-old girl told
police that she joined the police explorers program in 2011, when she was 14.
Months later, her drill instructor, identified as Ruscoe, started sending
inappropriate and flirty messages, the girl told police.
Then it escalated to
Ruscoe asking the teen to send him photos of herself.
In all, the teen said she
sent Ruscoe about 50 photos of herself, exposed and Ruscoe sent her
inappropriate photos of himself.
During a cadet camp at
the University of Hartford last year, the teen said she noticed Ruscoe paying
attention to two Trumbull girls and told him that people were talking about him
flirting with one of the teens in an effort to get him to stop flirting, police
documents state.
After meeting with the
teen, police searched her phone for the messages.
In January, police
obtained a search warrant for Ruscoe's phone and met with him at the police
station to retreive it.
Ruscoe handed over his
phone but said he did not want to provide the password or provide a written
statement, according to the warrant application.
Ruscoe's attorney also
told police that his client did not want to be interviewed.
On Sunday, troopers met
with the second victim, who told police that she was "very
intimidated" because of Ruscoe's position and she did not want him to get
in trouble.
She told investigators
she joined the explorers program in December 2012 and Ruscoe started sending
her inappropriate messages in 2013. when she was 17.
She told police that she
did communicate with Ruscoe but only after he was very persistent.
In the texts, Ruscoe
wrote that he loved the girl and the texts progressively became more graphic
and sexual in nature, according to police paperwork.
She told police that
Ruscoe begged the her to send him photos of her and she eventually did,
according to police. She also provided police with information about three
inappropriate incidents that occured in June.
Ruscoe took the teen to a
beach in Stratford and gave her a silver bracelet with a heart-shaped charm
that said "Made With Love," according to police.
On another night in June,
Ruscoe picked her up early in the morning after a "band gig."
He was drunk, she told
police, became aggressive in a sexual manner and kissed her, but she tried to
push him away.
At the end of the month,
Ruscoe took the teen to a Trumbull home he had moved out of.
Once they were inside, he
placed a gun on the counter and and was looking at her "in a threatening
way that made her very uncomfortable," the warrant says.
The girl told police that
things became sexual and she kept telling him to stop. He also restrained her
hands behind her back with handcuffs while in bed, police said.
The girl told police she
recalled one conversation in which Ruscoe said that if he ever got caught, he
would go to jail and that he would kill himself if he went to jail.
She said this was
intimidating and she did not want anything to happen to him because of anything
he did.
The girl told police that
Ruscoe had asked the teen to change his name in her phone to "Jack"
because she liked the movie Titanic and told her he could get in trouble
because of her age.
Toward the end of
January, Ruscoe reached out to the 18-year-old and told her that police had
come to take his phone because "an older friend that was a girl he used to
help out was going through a rough time and she dropped his name," court
documents said.
Ruscoe told her he was
nervous that police would contact her because her number was in his phone and
advised her not to say anything because she is 18 and is not required, the teen
told police.
Ruscoe was charged with
second-degree sexual assault, third-degree sexual assault, fourth-degree sexual
assault and tampering with a witness.
Police released a
statement about Ruscoe's arrest.
"I am deeply
troubled and concerned by the nature of the charges that have been presented.
We will make every effort to ensure that the integrity of the department and
its officers is preserved as this case is investigated, and that the case is
handles in a fair and timely manner," a statement from Kiely says.
Ruscoe was arrested on
Thursday and bond was set at $50,000.
He posted bond and is due
back in court on March 5.
House bill seeks to limit police use of cell phone spying device
Warrants should be issued before use,
says human rights group
by Gregg MacDonald Staff writer
A bill that would prohibit police from
using currently utilized mobile devices to spy on residents’ cellphone usage
without first obtaining search warrants unanimously passed the Virginia House
of Delegates and is on its way toward becoming law.
HB 17 passed 99-0 on Feb. 11 and is
currently undergoing evaluation in the Virginia Senate’s Courts of Justice
Committee.
If passed into law, the bill would,
except under certain very narrow circumstances, prohibit the use of
International Mobile Subscriber Identity catchers by police agencies such as
the Fairfax County Police — who currently use them — without first obtaining a
search warrant.
The devices, called “StingRays,” are
manufactured by the Florida-based Harris Corporation, and are legally marketed
to military and law enforcement as ways of “triangulating” the position of a cellphone
user by mimicking a cellphone tower and tracking the location of that person’s
cellphone signals.
But according to human rights groups
such as the American Civil Liberties Union and the Electronic Privacy
Information Center, the devices are capable of doing much more, such as
intercepting phone calls and even text messages.
“That type of usage would be illegal,”
said Alan Butler of EPIC. “But nonetheless, the capability is there.”
And that makes use of the devices
without a search warrant a 4th Amendment issue, Butler says.
The Fourth Amendment precludes
unreasonable searches and seizures of property and effects without a warrant
defining a probable cause.
According to Fairfax County government
documents, the Fairfax County Police Department has been using the devices for
at least four years, but spokesperson Lucy Caldwell declined to comment on
exactly how police use them, saying only that “the FCPD does not comment on our
investigative tools, nor do we discuss investigative techniques or capabilities
… however, our detectives and officers follow all state and federal legal
requirements for the use of technologies that we do use.”
In a Fairfax County Board of
Supervisors agenda dated Sept. 28, 2010, police state that use of the device is
“used in conjunction with a court order, and the Fairfax County Police
Department has been sponsored to use this tracking device through the U.S.
Marshals Service.” In the same agenda, the department says it will use $126,661
of a federal grant to “enhance the StingRay cell phone tracking system,” which
is “capable of locating and tracking cellular service whether or not a phone is
transmitting. As long as the cellular phone is powered on, the StingRay is
capable of locating it.”
In addition to tracking cellphone use
for “crime victims, suspects of crimes, wanted persons, and those in need of
emergency services,” police also state in the agenda that the StingRay device
enhances “officer safety and allows the officers to stay in communication with
each other during covert operations.”
Butler says not all uses of the device
potentially conflict with the Fourth Amendment, but because the capability
exists, warrants should first be issued.
“I am not saying they should never be
used,” he said. “But at the same time, you should clearly be getting a warrant
first.”
HB 17 lists four circumstances in which
real-time location data could still be obtained by police without a warrant:
• To respond to a user’s call for
emergency service;
• With the “informed affirmative
consent” of the owner
• With the “informed affirmative
consent” of the owner’s legal guardian or next of kin; and
• If there is an emergency involving
danger to a person.
“It’s a powerful device and its use
should be regulated,” Butler said. “With it in the wrong hands, a phone system
can be hijacked without either the user or the phone company being aware.”
Cops hit my car, then arrested me: suit
By Josh Saul
Two Brooklyn cops sideswiped a parked
SUV, then arrested a man sitting in the passenger seat of the vehicle, accusing
him of damaging their car, a suit charges.
And the officers would have gotten away
with their lie — had the whole bizarre drama not been caught by a security
camera.
Robert Jackson, 31, told The Post his
nightmare began when a police car heading the wrong way on one-way Watkins
Street in Brownsville scraped against a parked Ford Explorer, which belongs to
his girlfriend.
Jackson, a maintenance worker, said he
was sitting in the legally parked car outside of his apartment when the
accident happened. He got out of the vehicle and walked up to the officers.
“I was smiling, like, ‘How’d you run
into me?’ ” he recalled. “Then the cop said, ‘Dude, you ran into me.’ ”
“I just wanted them to fix the damage
and apologize, but it didn’t turn out that way,” Jackson said. “They were
trying to cover it up.”
At that point, things got even more
surreal.
The two cops checked the block for
surveillance cameras before arresting him for destruction of city property,
according to the lawsuit filed by Jackson in Brooklyn Supreme Court.
“When they thought no cameras were on.
I saw their gloves go on, and that’s when I was arrested,” Jackson said.
But fortunately for Jackson, the
officers, Christopher Oliver and Shazad Shigri, missed one camera on the home
of one of his neighbors, Jackson said.
The video, reviewed by The Post,
corroborates Jackson’s story.
It shows the police car going the wrong
way down the street on April 17, 2013, and scraping the parked SUV as the
officers try to make room for a truck to pass.
Though charges were eventually dropped,
Jackson had to spend a night in a “filthy, overpopulated, rat- and rodent-infested
cell,” his suit says.
“The officer who arrested me said if I
took care of the expense on my vehicle, they would take care of their vehicle
and I wouldn’t have gotten arrested,” Jackson recounted. “He knew he was
wrong.”
The NYPD referred comment to the city
Law Department.
The city Law Department said only, “We
will review the complaint.”
The suit charges that the officers
“falsely claimed that [Jackson] was operating the parked motor vehicle and that
[Jackson] caused the parked motor vehicle to strike the NYPD vehicle.”
Jackson was arrested for destruction of
city property, disorderly conduct and resisting arrest, the suit states.
But he was officially charged only with
unlicensed operation of a motor vehicle because he had a suspended license.
The criminal complaint drafted against
Jackson says he had the keys in the ignition — which could support the
unlicensed-operator charge — when the crash happened, but Jackson said that’s
not true.
“If he’s claiming that he was not in
the driver’s seat and the car was not on — if either of those claims are
truthful, then he wasn’t operating the car under the law,” said Todd Greenberg,
a defense attorney and expert on traffic law who is not involved in the case.
The suit, which names the city and the
two police officers, seeks unspecified monetary damages.
Yet Another Police Misconduct Claim Emerges
BY: RANDY DOTINGA
Late Wednesday, San Diego Police Chief
William Lansdowne announced the department’s sexual misconduct scandal had
grown to include another officer. This officer is under investigation for
allegedly touching and exposing himself to an arrestee while transporting her
to jail about a year ago.
Lansdowne said all transports of women
arrestees now will be done by two officers. Christopher Hays, an officer who
was charged earlier this week with on-duty sexual misconduct, resigned
Wednesday.
Our Liam Dillon asked Lansdowne after
the press conference why allegations of officer sexual misconduct keep
happening.
“I can’t tell you about human
behavior,” Lansdowne said. “But I can tell you we’ll root it out and we’ll take
care of it.”
• The San Diego Police Department has
had a very rough last few years amid multiple misconduct allegations. Lansdowne
appears to remain popular, though, and it hasn’t hurt that he’s announced that
he wants an external review of the department.
So how will this “audit” work? One way
would be to bring the city’s own independent auditor into the picture. But he
tells us he’s out of the loop. In a new story, we also look at how a similar
process unfolded in Philadelphia and why the Justice Department could be
brought into the mix.
Philly Black Officials Silent On Police Brutality
by LINN WASHINGTON JR.
hiladelphia – Back in 1978, a respected
newspaper columnist in in this city blasted local black elected officials for
their failure to criticize police brutality – the scourge that ravaged blacks
for decades, often with the sanction of white elected officials like then
Philadelphia Mayor Frank Rizzo, a former city police commissioner.
“Those black elected officials lack
courage,” respected journalist Chuck Stone wrote three-decades ago, slamming
Philadelphia’s four top black officials as servile, betraying their
constituents.
During the weeks before publication of
Stone’s July 18, 1978 news commentary, Philadelphia police had killed two
unarmed black men and viciously beat scores of people including a group of
black teens attending a party at the home of a Methodist minister.
Now, 36 years later in 2014,
Philadelphia black elected officials again face harsh criticism for their
failures both to publicly condemn continued police brutality and to utilize
their electoral clout to end that festering scourge.
Once again, black officials are being
disparaged as servile and and betraying the people who elected them. And once
again, the trigger for this latest volley of criticism against Philadelphia’s
black elected officials is their collective failure to publicly condemn a
high-profile incident of alleged police abuse. That incident in question was a
vicious January 7 police assault on a teenage honor-roll student [1] that left
the 16-year-old needing emergency surgery for a damaged testicle.
“We are outraged by their silence,”
activist Paula Peeples said as she castigated the muted criticism about police
abuses like that recent teen assault on the part of too many of Philadelphia’s
black elected officials.
Peeples is an official in the
Philadelphia chapter of NAN – the National Action Network founded by civil
rights leader, Rev. Al Sharpton. Since 2008, Philly NAN has unsuccessfully
petitioned the White House three times for a federal probe into brutality by
Philadelphia police – each time without support from Philadelphia’s top black
elected officials.
Peeples was a part of efforts in the
late 1970s to end abuses by Philadelphia Police that ironically helped
energized a wave of political activism that elected many more blacks to pivotal
posts in Philadelphia’s City Hall plus seats in the state legislature.
Black elected officials in Philadelphia
now occupy the top posts of mayor, City Council president and district attorney
plus the appointed position of police commissioner. Philadelphia’s 17-member
City Council includes eight blacks on that governing body. Sixteen blacks from
Philadelphia serve in the Pa state legislature, 12 in the state House and four
in the state Senate. There are also many more blacks serving in the police
department compared to in 1978, when they were a rarity.
Yet conditions for blacks on police
abuses (and other social ills) have not improved appreciably, leaving many
dubious about the efficacy of electoral politics in reducing misconduct by
police. Philadelphia Blacks remain the prime targets of police abuses from
beatings to false arrests and fatal shootings, according to reports from
Philadelphia’s Police Advisory Commission – a city agency that monitors police
misconduct.
“With all the political power in the
hands of people of color in Philadelphia, nothing has changed with the violent
and racist practices,” imprisoned radical Edward “Eddie” Africa said in a
recent letter. Africa is one of nine MOVE members convicted for an August 1978
fatal shootout with Philadelphia police that culminated a five-year brutal
onslaught by police against the MOVE organization who fought against police
brutality–an assault that included the bombing of a house by police which
resulted in 11 deaths, including five children,who were known to be in the
building at the time that a helicopter dropped the weapon on the roof.
Like those black elected officials
lashed in 1978 by columnist Stone for failure to “stand up for their
community,” Philadelphia’s current crop of black officials are being blasted
for their apparent reticence about assailing abusive, racially discriminatory
practices by the city’s police, particularly the city’s controversial
Stop-&-Frisk program.
Blacks, in 2012, comprised the
overwhelming majority of the 215,000 Philadelphians ensnared by
Stop-&-Frisk. Philadelphia’s controversial Stop-&-Frisk – currently
under federal court review for alleged abuses – is the signature anti-crime
program of black Philadelphia Mayor Michael Nutter and is implemented by
Nutter’s handpicked black police commissioner, Charles Ramsey.
Nearly half of the 215,000
Stop-&-Frisks in 2012 were conducted without the ‘reasonable suspicion’
required by law, according to a detailed analysis of Nutter’s controversial
program released last year by the Pennsylvania ACLU.
That ACLU analysis also undermined the
key premise for Stop-&-Frisk advanced by Nutter, Police Commissioner Ramsey
and DA Seth Williams, who all claim Stop-&-Frisk has reduced the number of
illegal guns used in street crimes ranging from robberies to homicides.
The ACLU analysis examined 1,852 stops
during 2012. That examination showed police recovered only three guns – an
exceptionally small recovery rate compared to the exceedingly large numbers of
intrusive encounters.
A Stop-&-Frisk encounter reportedly
sparked that January 7, 2014 assault on Darrin Manning, an African-American and
straight-A student, allegedly by two white Philadelphia police officers, where
an improper and unnecessarily rough “pat-down” search by a policewoman
allegedly damaged the 16-year-old’s testicle. Ire from black community leaders,
including Sharpton’s NAN branch, to that assault on Manning forced
Philadelphia’s Police Commissioner and District Attorney to belatedly launch an
investigation into the alleged incident.Police and prosecutors initially
downplayed that incident, but it has now, in the wake of media attention,
morphed into a grand jury investigation.
Despite public outrage and protests,
Mayor Nutter has still taken no public position on this incident of abuse,
failing even to publicly request an investigation. A spokesman for Nutter said
Manning and his family have recourse through legal actions like filing
complaints or lawsuits.
None of Philadelphia’s eight black City
Council members has taken a public position on the Manning incident either.
City Council President Darrell Clark, whose district is where the assault
occurred, has criticized Stop-&-Frisk, but has taken no legislative actions
against the program that he contends is flawed.
Only one of those 16 blacks from
Philadelphia serving in Pennsylvania’s state legislature has publicly condemned
the alleged mistreatment of Manning, who is awaiting court action on charges
that he assaulted a policeman and resisted arrest. (Police in abuse cases
typically charge the person who is abused, often trumping up offenses.)
State Rep W. Curtis Thomas, who
represents the district where the assault occurred, called for the suspension
of the policewoman who caused damage to Manning’s testicle. Additionally,
Thomas called on DA Williams to drop the charges against Manning. “I don’t
understand why the District Attorney has charged Darrin with assault when he’s
the one who’s been brutalized,” Thomas said.
Dr. Tony Monteiro, a professor of
African-American Studies at Temple University in Philadelphia and a veteran of
campaigns against police abuses, said too many black elected officials embrace
the misbelief that reflexive support of police is a required posture for
elected office.
Too many black politicians, Dr.
Monteiro said, have become part of “the law-&-order establishment that used
to be the exclusive territory of white politicians,” and thus have become
“unwilling to protect the community against the police.”
One of America’s worst urban riots of
the 1960s took place in Newark, NJ, triggered by a July 1967 police brutality
incident. That riot, rooted in reactions to institutional racism, ushered the
1970 election of Kenneth Gibson, the first black mayor of any major city in the
Northeast. Yet, in 2010, Newark’s then black mayor, Cory Booker, brushed off an
ACLU report documenting police brutality in that city. That ACLU report led to a
U.S. Justice Department probe, the kind of examination Philadelphia activists
have sought, so far unsuccessfully.
Zayid Muhammad, an activist in Newark,
NJ, finds the silence on police abuses from so many black elected officials in
his city, in Philadelphia and nationwide “disgusting, especially with the long
history of police brutality” in America.
Muhammad said blacks must back
candidates for elected office who are “supportive of social justice and not
just nice people selected by political machines. We need to change our
conditions and need people who will stay on point.”
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