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Saturday, January 23, 2010

Lying is the Norm! - Part III




«•January 23, 2010•»


JACKSBORO (WATE) -- A former Campbell County deputy was arrested Tuesday on 16 sex charges, according to the Tennessee Bureau of Investigation. Daniel Ward, 36, of Jacksboro, was indicted Monday by a Campbell County grand jury on 16 counts against one minor female. Ward is charged with 10 counts of aggravated sexual battery for a victim under 13, two counts of attempted aggravated sexual battery for a victim under 13, two counts of sexual battery by an authority figure and two counts of sexual battery. Officials with the TBI said Ward is accused of sexually molesting the victim numerous times between October 2003 and March 2009. Ward previously worked as a correctional officer and patrol deputy for the Campbell County Sheriff's Department. The Tennessee Bureau of Investigation began investigating allegations against Ward in December (2009) at the request of the district attorney general.

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Top News Stories


The Boss Again!


Published: Tuesday, August 23, 2011, 7:50 PM; Updated: Thursday, August 25, 2011, 03:37 PM

Portland, Ore. - Portland Capt. Todd Wyatt, a rising police supervisor in the Portland Police Bureau, has been removed from his position as head of the bureau's traffic division, while Idaho State Police investigate an off-duty incident in which Wyatt is accused of pointing a pistol at another motorist. Portland police put out a brief news release, saying Wyatt was involved in an "off-duty incident while driving that involved another driver.'' But Washington and Idaho police filled in the details. Wyatt is being investigated for pointing a pistol at another motorist while driving westbound on I-90, near milepost 6 in Post Falls, Idaho. Washington state police were alerted around 11:20 a.m. on August 13.



Washington state troopers said they received information from Idaho law enforcement to be on lookout for a blue F150 pickup with Oregon plates. The other vehicle involved was a gray Toyota Camry. "The call came into local dispatch as a road rage, and possible weapons brandishing incident,'' said Lt. Chris Schenck, of Idaho State Police. “They reported a pistol being pointed at a reporting party on I-90 west,’’ Washington state police Lt. Bob Kerwin. Washington state troopers stopped Wyatt’s pickup about 11:40 a.m. Aug. 13 on I-90 in Spokane, near the Thor/Freya interchange, Kerwin said. They spoke to the motorist, identified the driver and the occupants of the vehicle and forwarded the information to Idaho State Police, Kerwin said.

Wyatt was not taken into custody. Portland police said Wyatt was on vacation at the time, and there were other occupants in the pickup. Washington nor Idaho state police would say if any children were in the truck. "It's under investigation,'' Schenck said, noting that his troopers are conducting follow-up interviews. Wyatt is being temporarily assigned to the bureau's Drugs and Vice Division, working on projects under the direction of Assistant Chief Larry O'Dea. Lt. Eric Schober will serve as acting captain of the traffic division.

The Portland police spokesman would not say if Wyatt has returned to work. A call to the drugs and vice division said he was not there today, but expected in his new assignment tomorrow.

Capt. Bryan Parmon, president of the Portland Police Commanding Officers Association, said he had no comment on Wyatt's behalf, because of the ongoing criminal investigation. Within the last 9 months, four officers have faced DUI allegations while off-duty. Two sergeants have faced allegations of off-duty road rage.

Mayor Sam Adams, who serves as police commissioner, said he met with Chief Mike Reese Tuesday and pledged to work with the chief to "redouble our efforts" to educate officers on the bureau's code of conduct. Adams issued the statement as follows: "The Portland Police Bureau has hard-working men and women that go beyond what it takes to keep the peace. That is why I take reports of officer behavior, both on- and off- duty, seriously. I met with Chief Mike Reese today regarding a recently reported incident, and we will redouble our efforts to educate and train officers of the Police Bureau's code of conduct. Each case is being investigated, and I am confident that there will be a fair and timely conclusion.''

Wyatt faced internal investigations early in his career in response to complaints that he was heavy-handed as a patrol officer and a judge's complaint that he was rude in court. But he rose up the ranks quickly. Before supervising the traffic division, he was a supervisor of the bureau's planning or strategic services division.

Ditchin' da Fuzz!


August 19, 2011 - 01:49 PM PDT



An off-duty Portland police officer, who was driving a car that a Tillamook County sheriff's deputy tried to pull over early Thursday in Pacific City for traffic violations, attempted to ditch the deputy's car by turning off into a trailer park and shutting off his car's lights, according to the Tillamook County Sheriff's office. Sean Sothern (pictured above, center) also refused to take a breath test at the scene. Sothern, 38, was arrested, accused of driving under the influence of intoxicants, attempt to elude police and two counts of reckless endangerment. Sothern is accused of endangering his wife, who was a passenger in the car, and driving into the path of a security guard who was on foot at the Cape Kiwanda RV Resort, Tillamook County Sheriff Todd Anderson said. No injuries were reported. "He tried to turn his lights off and ditch the deputy," Tillamook County's Undersheriff Andy Long said.

Sothern is the fourth Portland officer to face DUI allegations within the last 9 months. All four were off-duty at the time. "Obviously, this needs to stop,'' said Mayor Sam Adams, who serves as police commissioner. "Next week, I will discuss the issue with Chief Mike Reese.'' Reese was on vacation Friday and could not be reached, said his spokesman Sgt. Pete Simpson.

The Tillamook County sheriff's deputy had first spotted Sothern's 2000 Ford Excursion about 12:30 a.m. near Cape Kiwanda near Kiwanda Drive. The deputy activated the lights on his patrol car , intending to stop Sothern for a couple of traffic violations, including failure to signal, Anderson said. Sothern kept driving north on Kiwanda Drive during what the sheriff's office described as a "short'' pursuit, "less than a couple of miles,'' Long said. At one point, Sothern turned right into the Cape Kiwanda RV Park and shut the lights of his Excursion.

A security guard at the RV park noticed the Excursion driving into the park, exceeding the park's 10 mph speed limit with its headlights off. "The security guard was doing his rounds and noticed 'here comes something unusual,' and ran right at the car with his flashlight, strobelight on,'' said park owner Marty Johnson. "He told the driver to stop, and then noticed the sheriff's car behind him.'' Sothern had driven about five to six RV sites into the park when he was stopped. Sothern had been a guest at the park, Johnson said.

Sothern was booked into Tillamook County jail at 2:35 a.m. He posted 10 percent, or $2,100 of his $21,000 bail and was released later Thursday morning. The case will go to a grand jury because the attempt to elude allegation is a felony, the sheriff said. Sothern was given a Sept. 12 court date.

Portland Police Bureau said Sothern has been assigned to the bureau's Telephone Reporting Unit, pending the outcome of the criminal case and an internal investigation. Adams called the reassignment "very appropriate.'' Lt. Larry Graham , of the bureau's Portland Alcohol Recovery Team, said law enforcement officers, whether it's due to stress or the strains of the job, have a higher rate of alcoholism than other professionals. "I think a lot of officers, they find unhealthy ways to deal with the stress and it gets out of control,'' Graham said. He spoke generally and not about any one case.

Portland's team tries to do outreach to educate officers, from the moment they are hired, to let them know there are resources available to them to get help, and provide names of officers who have overcome the problem and available for support. "There is help out there, if you want it,'' Graham said. "Everybody knows that DUI is bad. Everybody knows that drinking and driving is bad. But they don't think it's going to happen to them.''

Strong: 25 Year Liar!


August 3, 2010 | 3:22 p.m.

A former Orange County sheriff’s investigator will be tried in court Wednesday for filing false reports and lying about contacting crime victims. Janet Strong, 53, a 25-year veteran of the Orange County Sheriff’s Department assigned to Stanton, pleaded not guilty last year to six counts of filing false reports between 2007 and 2009. Strong filed reports saying she had spoken to victims of robbery, theft and criminal threats and found no additional “avenues for further investigation” when she had never actually contacted them, prosecutors said.

The sheriff's department started investigating Strong after an audit showed she had included false information in some closed case reports. Strong had a long career, first as an El Segundo firefighter and later as a patrol officer and detective in Stanton. The Stanton City Council named her deputy of the year in 1991 for her investigative work on gangs, assaults, burglaries and robberies.

She faces up to six years in jail if convicted.

Lying Lawmen Busted!


July 21, 2010

TULSA, Okla. (WCJB) - Federal prosecutors say four current Tulsa police officers and one former officer have been arrested and indicted in connection with a corruption probe. U.S. Attorney Jane Duke in Arkansas said Tuesday two indictments were unsealed after Earnest Bonham, Nick DeBruin, Jeff Henderson, Harold Wells and Bill Yelton made initial court appearances. The indictment alleged Henderson and Yelton persuaded a witness to testify falsely against a man who was convicted in a drug case and sent to prison. Bonham, DeBruin and Wells were accused of planting drug evidence on people they arrested. Henderson's attorney couldn't be reached for comment. Duke was appointed to the case after federal prosecutors in Tulsa recused themselves.

Corrupt Attorney Busted!


July 20, 2010
"Jamie graduated from Santa Clara University School of Law in 1983[.] Subsequently, she was recruited and hired by the Santa Clara County District Attorney's Office, where she remained for the next 14 years in a variety of trial and administrative positions. Eventually, after having gained an insider's perspective into the workings of the prosecutor's office, Jamie sought a way to bring her passion for justice to work for in the private sector."

-- Harley Defense Associates Website


Once a prosecutor who put criminals behind bars, San Jose lawyer Jamie Harley now finds herself on the other side of the legal system and facing the prospect of time in prison. A federal jury in San Jose on Tuesday convicted Harley of five counts of laundering money for a former client, punctuating a nearly two-week trial and almost three days of tense deliberations that for a time appeared deadlocked. The 53-year-old veteran defense lawyer and former local deputy district attorney is scheduled to be sentenced in October on convictions that could spell the end of her lengthy and often controversial legal career. The jury deadlocked on one charge against Harley, conspiracy, but otherwise rejected her defense arguments that she never intended to launder her client's money and believed she was dealing with a legitimate businessman. Harley, who recently changed her name from Jamie Harmon, bowed her head and wiped away tears as the jury verdict was read, then left the courtroom quickly after a long embrace with her husband. Harley's lawyer, declined comment. A federal grand jury indicted Harley more than two years ago, accusing her of laundering more than $100,000 for Christian Pantages, a client who wound up pleading guilty to charges in the case and testifying against her during the trial. Prosecutors alleged that Harley laundered money from Pantages' illicit business trafficking in stolen computer equipment, after he had been charged with state crimes related to the theft ring.
Outside the courtroom, jurors indicated they simply could not believe an experienced, savvy attorney such as Harley would not know what she was doing with her client's money.

"I think what led people to the other side was as an experienced attorney with history and knowledge of the prosecutor side, she didn't act, she didn't get out," said Mark Porter, the jury foreman. "There were times she could have washed her hands of it, and didn't." Government officials said the verdict sent a message to unscrupulous lawyers. "It's particularly troubling when a person trained in the practice of law uses that legal expertise not for the greater good, but to corrupt the system and enrich themselves," said Mark Wollman, special agent in charge of San Francisco's office of U.S. Immigration and Customs Enforcement, which investigated the case.

Under federal sentencing guidelines, U.S. District Judge James Ware could sentence Harley to two to three years in prison for the convictions, and perhaps more if she receives additional punishment for abusing a position of trust. The judge, however, does have leeway to impose a lesser term if Harley presents so-called "mitigating" evidence.

Harley has been an embattled figure in local legal circles for years, and already faces troubles with the State Bar. In May, a state Bar court disciplined her for nine counts of misconduct involving six clients, unrelated to the Pantages matter, and imposed a punishment of six months suspension from practicing law. A federal felony conviction, however, could result in her being stripped of her law license altogether.

The case against Harley dates back seven years, to her representation of Pantages and his business, Silicon Valley Resale. Federal prosecutors specifically alleged that Harley funneled $127,550 Pantages earned from selling stolen Cisco equipment into her attorney-client trust account, and then turned around and wrote a series of checks back to Pantages and his wife despite knowing the money was from peddling stolen technology. Harley kept a portion of the money for her legal fees. During trial, Harley took the stand and denied knowing that the money was tainted, or that Pantages was involved in an illicit business. The jury, however, did not buy the argument. "Most of us felt like there was a lot of things leaning against her," Porter said.

Report: Riverside Police Chief Received 'Preferential Treatment' After Arrest


Probe Finds Chief Given Special Treatment After Drunk Driving Arrest


June 2, 2010

RIVERSIDE -- A probe into the handling of ex-Riverside police Chief Russ Leach's drunken driving crash concluded there was no cover-up by officers, but "deficient decisions" resulted in Leach receiving preferential treatment, city officials said today. According to Riverside City Manager Brad Hudson, a 2,500-page internal affairs report on the chief's DUI crash in a city-owned vehicle paralleled the findings of a criminal investigation into the Feb. 8 incident. Former Riverside County District Attorney Grover Trask headed the inquiry (police chiefs and district attorneys are usually buddies) that examined the steps taken by police department personnel from the moment Leach was pulled over by two officers near Arlington Avenue and Rutland Road.

"The hard questions were asked, and all the requested information was provided immediately and freely," said Trask, who reported his findings directly to Hudson. "I saw no evidence of a cover-up, only tragically deficient decisions by police management," he said.

A California Highway Patrol investigation revealed Leach, 62, was driving under the influence around 3 a.m. Feb. 8 when the city-owned Chrysler 300 crashed into an unknown object at Central and Hillside avenues, severely damaging the sedan.
Leach was stopped by a patrol unit three miles away. No field sobriety test was performed, despite his slurred and repetitive speech, as well as a strong odor of alcohol, according to the CHP.

In a 500-page report, the agency questioned how the supervisors notified of the chief's condition that night -- Assistant Chief John De La Rosa and Lt. Leon Phillips -- could not have suspected a crime had occurred. Phillips drove Leach home. "Management-level failures associated with this incident require policy development and review, as well as disciplinary action," Hudson said. He said the department has been ordered to revise policy and training manuals "to formalize steps to be followed under circumstances like those which occurred on February 8th."

In-House Liars!


February 24, 2010Update!

Former Johnston County prosecutor Cindy Jaeger (pictured left, front) will spend at least three years in prison after pleading guilty today to her role in a scheme to fix drunken driving tickets. Jaeger pleaded guilty to 10 counts each of obstruction of justice and tampering with official court documents. She was also sentenced to three years probation after her prison term ends and must pay a $25,000 fine.

"You are a traitor to your office and your oath," Superior Court Judge Henry Hight told Jaeger moments after sentencing her. Five others involved in the scheme pleaded guilty last month to obstructing justice. Lawyers Chad Lee and Lee Hatch were each sentenced to prison for four years. Three others -- Jack McLamb, Vann Sauls and former assistant court clerk Portia Snead -- were put on probation. Jaeger was accused of handing over signed copies of dismissal forms to private attorneys before she left her job as an assistant district attorney in September 2007. The private attorneys then filed the forms in dozens of drunken driving cases, effectively making them go away. Her attorney, David Freedman, estimated that she provided more than 50 signed dismissal forms to Lee and Hatch, close friends of hers.

January 29, 2010

SMITHFIELD, N.C. — Four Johnston County defense attorneys and a former court clerk pleaded guilty Monday to illegally dismissing traffic cases, including citations for driving while impaired.

Chad Lee (pictured left, suit) and Lee Hatch both pleaded guilty to 10 counts each of felony obstruction of justice and altering official case records and one count of criminal conspiracy. Lee was sentenced to at least four years in prison, while Hatch received a prison sentence of at least 3½ years Both men were fined $10,000. They also agreed to surrender their law licenses, cooperate in the state investigation of the ticket-fixing scheme and reimburse clients for the legal fees they collected in the cases – $28,000 from Lee and $14,200 from Hatch.

Vann Sauls pleaded guilty to four counts of misdemeanor obstruction of justice and was sentenced to 90 days in jail, suspended to three years on probation. He also was ordered to pay a $2,500 fine and to perform 100 hours of community service.

Jack McLamb pleaded guilty to three counts of misdemeanor obstruction of justice, was fined $1,000 and was placed on probation for three years. He will have to serve three weekends in the Johnston County jail, however, because of a DWI conviction he had when he was in college.

Both Sauls and McLamb were ordered not to represent any criminal defendants while on probation, and they agreed to take continuing legal education classes before practicing law again. Sauls agreed to reimburse clients $2,350 for the legal fees he collected in the cases, while McLamb has already repaid his clients.

Former deputy court clerk Portia Snead pleaded guilty to two counts of misdemeanor obstruction of justice. She was sentenced to 45 days in jail, suspended to 18 months on probation. Snead was the only one of the five to apologize in court for their actions.

Along with former Johnston County Assistant District Attorney Cyndi Jaeger, the four attorneys and Snead were indicted last March on charges that they altered court records and knowingly used illegal dismissal forms to get traffic cases against 36 people dropped. Seventy dismissal forms with Jaeger's signature on them were filed after she left her job in September 2007, according to the indictments. The dismissal forms were filed for clients of the four defense attorneys. Snead deleted the attorneys' names from at least two cases from the courthouse computer system. The majority of the defendants involved were clients of Lee, a former Johnston County prosecutor. McLamb's cases were traffic offenses and didn't involve DWI.

State Bureau of Investigation agent Randy Myers testified Monday that Lee, Hatch and Jaeger hatched the scheme when Jaeger put in notice that she would be leaving the Johnston County District Attorney's office. Hatch told McLamb he would get a few of McLamb's cases dismissed and went to Jaeger's house to take care of it, Myers said. Hatch later had his name removed from computer and paper files for one of his dismissed cases, and the name on the files was switched to that of an attorney who never represented the defendant, Myers said.

Jaeger's attorney was in court Monday, listening to the pleas and the evidence laid out by Myers. It's unclear whether Jaeger, who is charged with three counts of obstruction of justice and 81 counts of failure to perform duty of office, will take her case to trial.

Lee has suffered emotionally since his indictment, said his attorney. "He is struggling for what he's done. He's a broken man, but he's not beaten. He's not through," said the attorney, noting Lee wants to pursue a new career in repairing heating and air conditioning systems.

As he handed down sentences Monday, Superior Court Judge Henry Hight said the episode was a case of "stupidity born of arrogance." "I don't understand why anybody would think this was a good idea," Hight said.

Attorney General Roy Cooper said in a statement Monday that such corruption among court officers threatens the integrity of the state's judicial system. “We expect those who serve as officers of the court to have the highest ethical standards," Cooper said. "When the people we trust to uphold the law break it, our system of justice is threatened. Rooting out this corruption in the courts will help restore the system’s integrity.”

Johnston County District Attorney Susan Doyle asked the SBI in early 2008 to look into the high rate of dismissed drunken-driving cases in the county. A tracking system installed in October 2007 found several discrepancies in cases that were scheduled for trial but had been dismissed months earlier, she said. A 2008 investigation by the media found that 46 percent of the DWI charges filed in Johnston County in 2006 were dismissed, compared with 21 percent statewide and 20 percent in neighboring Wake County. DWI cases require two signed forms before they are dismissed, and dismissals are filed with the court clerk's office.

A 2006 state law requires specific information be listed on dismissal sheets in DWI cases, including the driver's blood-alcohol concentration, any other pending impairment charges and an explanation for the dismissal. A copy of the dismissal is supposed to be sent to the district attorney and the head of the law enforcement agency that brought the charge.

Thirty-two cases that were part of the SBI probe involved alcohol-related charges, primarily DWI. Some of the defendants had alcohol levels in their system that were more than double the 0.08 level at which drivers are considered intoxicated in North Carolina. Eleven of the defendants had been charged previously with drunken driving or have had subsequent DWI arrests.

Caught Lying!


January 25, 2010

SEATTLE, WA - A Seattle police officer fired last May for dishonesty will get his job back, along with back pay, after the city's Public Civil Service Commission ruled that termination was too harsh. Officer Eric Werner, 31, instead will be assessed a 30-day suspension, which will mean a deduction from his back pay.

Werner maintained he forgot about punching an agitated man when he was initially questioned in 2007 by Seattle police during an investigation into the man's complaint that he was repeatedly tazed. Werner, during testimony last year before the commission, said he later remembered striking the man and decided to come clean while applying for a job with the Snohomish County Sheriff's Office in May 2008. The hiring process included polygraph examinations.

The Sheriff's Office didn't hire Werner. But it notified the Seattle Police Department of his disclosure and, after an internal investigation, he was fired last May by interim Police Chief John Diaz for violating the department's honesty policy. Werner appealed his firing in what was viewed as a key test of the honesty policy, which presumes officers will be fired for dishonesty in their official duties and was a cornerstone of new rules adopted in 2008 to address community concerns about police accountability.

Though the city and the Police Department could appeal the commission's ruling in King County Superior Court, such a move is extremely rare. "The City Attorney's Office is analyzing the decision, and considering whether to appeal. No decision has been made yet," a spokeswoman for City Attorney Peter Holmes wrote in an e-mail today.

However, Werner's name has now been added to the so-called "Brady list," a list kept by the King County prosecutor's office of potential witnesses whose honesty has been called into question, said spokesman Dan Donohoe. Most of the 52 names on the list are law-enforcement officers, though the list also includes two former State Patrol crime-lab employees and a former employee of the King County Medical Examiner's Office, he said. The prosecutor's office will be required to notify defense attorneys whenever Werner is called to testify against a criminal defendant, Donohoe said.

Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild, was pleased with the Public Civil Service Commission's ruling. He said the department didn't follow its own rules in applying the dishonesty policy.

"Dishonesty is a very serious charge," he said, and to fire an officer, the department has to prove there is "clear and convincing evidence" that an officer lied about "a material fact" — something O'Neill insists didn't apply in Werner's case. Werner will receive back pay for all but a 30-day period that constitutes his unpaid suspension, O'Neill said. Werner, who joined the Seattle police in 2000, earned nearly $106,000 in 2008 in regular and overtime pay.

Two of the three commissioners believed "that termination was the inappropriate form of punishment given the facts and circumstances of the case," according to the ruling issued Thursday. Instead, they ruled a 30-day suspension — the most severe punishment short of termination — was more appropriate.

In their majority opinion, the two commissioners — Seattle police Officer Joel Nark and Herb Johnson, a retired assistant Seattle police chief — pointed out that other officers in past cases involving dishonesty "either received no suspension of duties or only temporary suspension of duties." Concluding that the department doesn't apply the dishonesty rule in an evenhanded way, Nark and Johnson also pointed out that to date, "no other employee has been terminated based on dishonesty."

Terry Carroll, the third commissioner and a former Superior Court judge, authored a partial dissent and disagreed with the decision to overturn Werner's termination, saying common sense and the law "require we give some deference to the Chief's decision." He also wrote: "Although my colleagues are sincerely motivated, the opinion as to discipline appears based principally on sympathy for an officer with an apparent good record."

The original excessive-force investigation involving Werner cannot be reopened because of time-limit rules governed by the city's contract with the Seattle Police Officers' Guild, according to the Police Department's Office of Professional Accountability.

NYPD!


January 23, 2010

NEW YORK (WCJB) - Two NYPD officers were suspended after they were caught brutally beating a handcuffed suspect on video tape, officials said. Police Commissioner Raymond Kelly confirmed to reporters Thursday that officers John Cicero and William Green were suspended after the Bronx District Attorney launched an investigation on the alleged beating. In addition, two other unidentified sergeants were also suspended, Kelly revealed. The sergeants are reportedly accused not stopping the assault as it took place. In the disturbing video obtained by the New York Post, Cicero is seen punching suspect Jonathan Baez, during an undercover drug operation in the Bronx on Jan 5, 2010. At the time of the assault, Baez was face down on the ground in handcuffs. Green is also seen assaulting a helpless Baez later in the video. Charges against Baez in connection to the bust were reportedly dismissed.




LIARS!


January 23, 2010

In an extremely rare rebuke of a sitting judge, Santa Clara County District Attorney Dolores Carr instructed her staff Friday to stop bringing all criminal cases before Superior Court Judge Andrea Bryan, who recently angered prosecutors by finding that a trial prosecutor committed numerous acts of misconduct, including giving false testimony. Carr took the unprecedented step of publicly confirming her "blanket challenge," or boycott of Bryan, in a news release, saying her decision was based on a "number" of unspecified rulings over the past several years, not any single embarrassing ruling. "We must safeguard the ability to prosecute our cases and do not believe we can fulfill our responsibility to the public if lawyers from this office continue to appear before Judge Bryan," Carr said in the release.

Public Defender Mary Greenwood said Carr's edict seeks to punish the independence of the court. "This action by the district attorney is very serious," Greenwood said. "Effectively, it forces the judge out of the criminal court because she has not ruled in a way the district attorney favors."

Earlier this month, Bryan ordered the release of Augustin Uribe, who had been sentenced to 38 years to life on child molestation charges after finding Deputy District Attorney Troy Benson had woven what she called "a tangled web of deceit," including testifying falsely.

Carr's (pictured left) decision to boycott Bryan means that any time a criminal case is assigned to Bryan's courtroom, prosecutors will invoke their right to issue a peremptory challenge and get the case assigned to another judge. State statute permits any party who believes that a specific judge would not be fair to object to one judge in any case, without identifying specific facts in support of the request. Bryan could not be reached Friday for comment. But Presiding Judge Jamie Jacobs-May defended Bryan's objectivity and integrity. "I continue to have the utmost confidence in her abilities," the presiding judge said. Bryan, a former prosecutor and San Jose deputy city attorney appointed by Republican Gov. Pete Wilson, has on occasion irked prosecutors by granting requests by defense attorneys to suppress evidence they said was improperly collected.

In her statement, Carr noted that her action is not unprecedented, stating the Public Defender's Office has challenged at least one judge in recent years. The office sought to have Judge Joyce Allegro removed from trying domestic violence cases, saying she had ties to advocates and organizations sympathetic to victims. But because the public defender does not represent all defendants, the defense action did not extend as broadly as the prosecutors' blanket objection.

Jacobs-May said the bench has no choice legally but to accept the disqualification and transfer Bryan to civil cases eventually. In San Diego County, the presiding judge there recently refrained from immediately reassigning a judge who was the target of a similar boycott, and the district attorney dropped its objection after four months. In contrast to Carr's public disclosure, the San Diego boycott of Judge John Einhorn, which followed two rulings that displeased prosecutors, was both effected and rescinded without any public announcement or explanation by District Attorney Bonnie Dumanis.

Uribe's conviction on charges he sexually assaulted a young relative was overturned by an appellate court in 2008, after a finding that the District Attorney's Office had improperly withheld a videotape of the purported victim's physical exam, which was turned over only after Uribe had been sentenced. A defense expert then reviewed the videotape and said it contradicted the prosecution witnesses' testimony that the child had been assaulted.

Prosecutors have since acknowledged the existence of about 3,300 of those videotapes, dating to 1991, that were never provided to trial attorneys, as required by law (violating the law and the rights of individual citizens is the norm). They have insisted that most of the tapes are of little value. But Bryan's decision reinforced the contention of legal experts that dozens of other child sex abuse convictions in the county are at risk of being overturned.

Consider the story the media previously published: According to CHIEF Assistant District Attorney Karyn Sinunu, a "win-at-all-costs" culture festers in the Santa Clara district attorney's office which causes some prosecutors to lose sight of justice and pursue wrongful convictions of innocent people. For example, a news series highlighted a 1990 case that Judge Carr (now District Attorney) prosecuted as a former deputy district attorney. Carr, the story goes, had charged a young man with rape even while evidence arose that suggested his innocence.

In 1990, Sinunu prosecuted a former Palo Alto police office, Robert Montez, for allegedly molesting his 6-year-old granddaughter. She won her case and had the man sentenced to 10 years in prison. The story didn't end there, though. A year and half later, the 6th District Court of Appeals overturned Montez's conviction and released him from state prison. Tulsky pointed out the rarity of full reversals in his series, yet he wrote nothing about this case.

The appellate court pointed out several errors in the trial that convicted Montez: for one, the prosecution did not provide sufficient reasoning to excuse the plaintiff from testifying in court. Because the young girl expressed anxiety at being questioned by the defense counsel, the jury only heard a transcript of her closed preliminary hearing. Sinunu says the girl was very fragile and unfit to testify. In addition, the appellate court criticized Sinunu for including hearsay testimony and providing the jury with subjective information that might have predisposed them to believing Montez was guilty. Sinunu now calls the ruling "very technical," and says if she had a chance to retry the case, she would have "laid a better foundation."


LAST YEAR'S LIARS!


January 29, 2009 (Exactly one year ago!)

Deborah Medved


An Army veteran's robbery of a Mountain View pharmacy has become the latest Santa Clara County case marred by allegations that a prosecutor withheld evidence that could have helped the defense. There was never any dispute in the case that the veteran, Sargent Binkley, had robbed the pharmacy. But the jury convicted Binkley last month of using a gun to commit the robbery -- a finding that makes the crime far more serious -- -- after prosecutor Deborah Medved told them they could use the grainy photographs from a store surveillance camera to help reach that verdict. Now, a Santa Clara County crime lab examiner has come forward to testify that a day before Medved made that closing argument, he told her that he was unable to detect a gun in any of the photographs, after examining them at Medved's request.

"It's unethical and it's misconduct for a prosecutor to knowingly mislead on an issue of fact.'' The examiner, Christopher Corpora, described their conversation under oath during a post-trial hearing earlier this month. Medved has responded, in a sworn declaration, that she has no recollection of Corpora telling her his conclusion during that conversation -- creating an odd sworn dispute between two officials who both work for District Attorney Dolores Carr.

Medved, in an interview, reiterated her sworn declaration that she does not recall Corpora mentioning that he did not see a gun in Binkley's hand: "I have zero recollection of that." The case has drawn wide attention because of the potentially precedent-setting way in which the jury viewed Binkley's stress disorder. It is also the latest case to raise questions about local authorities' compliance with their legal duty to turm over any evidence it gathers could potentially help the defense contest the defendant's guilt.

The DA's office is currently reviewing some 3,300 videotapes of medical exams of alleged child sex abuse victims dating back to 1991 that never were turned over to defense attorneys, after one case was overturned based on an appellate court finding that the prosecutors had a duty to provide copies of those videotapes to the defendant. Deputy District Attorney Peter Waite became the first Santa Clara County prosecutor in memory to be publicly disciplined when the state bar issued a public reproval against him last week for withholding from the defense in 1999 an exculpatory medical opinion as to the sanity of a defendant who killed his mother.

Ben Field, a high-profile prosecutor, is in the midst of rare disciplinary proceedings by the state bar, with charges that include his failure to turn over potentially favorable evidence to defense attorneys.


To be continued!








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Tuesday, January 19, 2010

Reasonable Force: Shot in the Back!




January 19, 2010

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Top News Story


"[T]he only good n[igger] is a dead n[igger] and they should hang you in the town square to prevent any other n[igger] from coming in the area."

-- Oakland Public Schools Police Chief Pete Sarna, referring to African-Americans.

Police Approval!


POSTED: 10:32 AM EDT, Sat March 17, 2012 - UPDATED: 1:48 PM PDT, Sun March 18, 2012
"The evidence and testimony we have so far does not establish that Mr. Zimmerman did not act in self-defense. We don't have anything to dispute his claim of self-defense, at this point, with the evidence and testimony that we have."

-- Sanford, Florida Police Chief Bill Lee explaining why George Zimmerman has not been arrested for the gunshot slaying of an unarmed, African-American, 17 year old male.




POSTED: Tuesday, March 13, 2012 - UPDATED: Wednesday, March 14, 2012



Orlando, Florida -- Media sources have uncovered questionable police conduct in the investigation of the fatal shooting of an unarmed black teenager by a white neighborhood watch captain in Florida, including the alleged "correction" of at least one eyewitness' account.

Sanford Police Chief Billy Lee (pictured right) said there is no evidence to dispute self-appointed neighborhood watch captain (Hispanic/Jewish) George Zimmerman's assertion that he shot 17-year-old Trayvon Martin (pictured above, center) out of self-defense. "Until we can establish probable cause to dispute that, we don't have the grounds to arrest him," Lee said.

Martin had been staying at his father's girlfriend's house during the night of the NBA All-Star game Feb. 26. The teenager went out to get some Skittles and a can of ice tea. On his way back into the gated suburban Orlando community, Martin, wearing a hood, was spotted by Zimmerman, 28. According to law enforcement sources who heard Zimmerman's call to a non-emergency police number, he told a dispatcher "these assholes always get away." Zimmerman described Martin as suspicious because he was wearing a hooded sweatshirt and walking slowly in the rain, police later told residents at a town hall.
"My son didn't do anything he was walking home from the store. Why would the neighborhood watch guy would have a weapon?...It's just crazy.You are supposed to watch the neighborhood, not take the law into your own hands."

-- Trayvon Martin's mother Sybrina Fulton in an interview in Miami.



A dispatcher told him to wait for a police cruiser, and not leave his vehicle. But about a minute later, Zimmerman (pictured left) left his car wearing a red sweatshirt and pursued Martin on foot between two rows of townhouses, about 70 yards from where the teen was going. Lee said Zimmerman's pursuit of Martin did not of itself constitute a crime.

Witnesses told media sources a fist fight broke out and at one point Zimmerman, who outweighed Martin by more than 100 pounds, was on the ground and that Martin was on top. Austin Brown, 13, was walking his dog during the time of the altercation and saw both men on the ground but separated. Brown along with several other residents heard someone cry for help, just before hearing a gunshot. Police arrived 60 seconds later and the teen was quickly pronounced dead.

According to the police report, Zimmerman, who was armed with a handgun, was found bleeding from the nose and the back of the head, standing over Martin, who was unresponsive after being shot. An officer at the scene overheard Zimmerman saying, "I was yelling for someone to help me but no one would help me," the report said. Witnesses told media sources they heard Zimmerman pronounce aloud to the breathless residents watching the violence unfold "it was self-defense," and place the gun on the ground.

But after the shooting, a source inside the police department told media sources that a narcotics detective and not a homicide detective first approached Zimmerman. The detective peppered Zimmerman with questions, the source said, rather than allow Zimmerman to tell his story. Questions can lead a witness, the source said.

Another officer corrected a witness after she told him that she heard the teen cry for help. The officer told the witness, a long-time teacher, it was Zimmerman who cried for help, said the witness. Media sources have spoken to the teacher and she confirmed that the officer corrected her when she said she heard the teenager shout for help.

The Sanford Police Department refused to release 911 calls by witnesses and neighbors. Several of the calls, media sources have learned, contain the sound of the single gunshot. Lee publicly admitted that officers accepted Zimmerman's word at the scene that he had no police record. Two days later during a meeting with Trayvon's father Tracy Martin, an officer told the father that Zimmerman's record was "squeaky clean." Yet public records showed that Zimmerman was charged with battery against on officer and resisting arrest in 2005, a charge which was later expunged.



"I asked [the police] well did you check out my son's record?" Tracy Martin told media sources in an interview Sunday. "What about his?...Trayvon was innocent." Trayvon Martin had no arrest record or disciplinary action for violence as a student in North Miami's Krop High School.

On Monday Lee, seeking to head off racial unrest, tried to reassure the public that his department was doing all it could to reach a fair conclusion, as some in the crowd heckled him saying "a little black boy is dead." Lee's department said it plans on passing its investigation over to the state's attorney office to determine whether or not to press charges against Zimmerman.

Corrupt Justice™: We note that the law in virtually all fifty U.S. states, including the District of Columbia, holds that a party may not claim self-defense when he/she is the party that provoked, or initiated the violent confrontation. In the instant case, an armed citizen, with no legal authority to do so, apprehended, detained and engaged in a physical confrontation with another unarmed citizen, who in fact was engaged in no unlawful activity, or conduct what-so-ever.

Captured ... Alive!


POSTED: Friday, August 12, 2011

When investigators from the Colorado Bureau of Investigation and local law enforcement finally got the chance to talk to 29-year-old Lee Grace Dougherty (pictured left) her statements were straightforward. "I pointed a gun at a cop," she said, according to her arrest affidavit. "I deserved to get shot." The woman’s statements also implicate her brothers in a high-speed chase on Interstate 25 Wednesday, where shots were fired at pursuing officers. According to law enforcement, it wasn’t the first time Dougherty or her two younger brothers, Ryan Edward Dougherty, 21 (pictured below, left) and Dylan Dougherty-Stanley, 26, turned their guns on police.



But the eight-day, nationwide manhunt that began with an alleged shooting at a police officer in Florida and then a bank robbery in Georgia ended Wednesday in a spectacular rollover on I-25 north of Walsenburg and gunshots from Walsenburg police Chief James Chamberlain that hit the woman in the leg. "Instantly I let go of the gun," she said. "The pain was all through my body." Lee Dougherty was treated for her wounds at the Spanish Peaks Regional Health Center in Walsenburg. Her brothers also were treated for injuries they suffered in the car wreck. According to the affidavit, Lee Dougherty pointed a machine pistol at Chamberlain after the wreck, but the documents say Dylan Dougherty was doing the shooting from the vehicle as the trio fled.

"A person can’t drive and shoot at the same time," Lee Dougherty told police, according to the documents. The affidavit said that Lee Dougherty told police her brother Ryan Dougherty was driving and that she "didn’t shoot at any cop in Colorado." That left Dylan Dougherty-Stanley (pictured above, left) as the triggerman behind an AK-47 assault rifle that was one of the weapons police recovered at the wreck. Lee Dougherty told police they didn’t have any intent to kill or harm the officers in pursuit, the affidavit said.

"We just wanted them to get back," she said. "They were way back and we could barely see them. We were getting shot at, then we wrecked." Officers have denied ever shooting at the moving vehicle.

The Dougherty siblings had been wanted since Aug. 2, when they allegedly robbed a bank in Georgia, then later shot at officers in Florida. The three disappeared for a while until they were spotted at an REI department store in Colorado Springs trying to buy camping equipment, then at a Walmart in Canon City trying to buy ammunition Tuesday.

Wednesday’s chase began around 9:30 a.m., after Pueblo County sheriff’s deputies spotted a white Subaru matching the suspect vehicle’s description at a gas station in Colorado City. According to reports from Colorado State Patrol, the chase reached speeds up to 120 mph. Troopers said they began to hear gunshots near Mile Marker 67, about three miles south of the Pueblo County line in Huerfano County.

Deadly Weapon
2-24Oz Cans of Beer!


POSTED: 06:00 AM PDT July 13, 2011
UPDATED: 12:05 pm PDT August 17, 2011


A California deputy shot and killed a former running back for the Cincinnati Bengals in front of a convenience store after he allegedly hit an officer with a bag holding two cans of beer. David Lee ''Deacon'' Turner, 56, played with the Bengals from 1978 to 1980 and had long arrest history after his playing career was finished. Court records show an arrest history stretching back to 1986. The most recent, on June 17, was for driving while his license was revoked because of a conviction for driving under the influence.

Deputies who were investigating reports of teenagers asking adults to buy alcohol and cigarettes approached Turner (pictured left) on Sunday as he left the convenience store with his 19-year-old son and a 16-year-old juvenile. The deputies detained Turner while they investigated. The sheriff's office said Turner initially complied but then decided to leave, and the scuffle occurred when deputies tried to stop the former NFL player. Deputy Aaron Nadal was hit on the back of the head with a bag holding two, 24-ounce cans of beer before Deputy Wesley Kraft drew his handgun and fired twice at Turner, authorities said.

Friends and family told local media sources they have trouble believing authorities' account of the story. Nephew Kevin Turner called his uncle ''the backbone of our family.''

''He was a marvelous kid,'' Bakersfield College coach Gerry Collins told the newspaper. Turner excelled at shredding defenses at Shafter High School, Bakersfield College and San Diego State University before getting drafted by the Bengals in the second round in 1978. Turner was used primarily as a kick returner in his three years in the league, amassing 1,149 return yards in 1979 for the last-place Bengals. He had 549 career rushing yards.

Dangerous Children!



BAKERSFIELD, CA (WCJB) — The son and daughter of a former NFL player who was killed in a confrontation with California deputies now face criminal charges of their own. The charges stem from an incident at the hospital where David Turner was taken after he was shot outside a Bakersfield convenience store.

According to hospital security, family members yelled at and threatened employees. The local media reports that 25-year-old Ahmod Turner and 24-year-old Whittney Turner pleaded not guilty Tuesday to threat and gang charges.

Kern County sheriff’s deputies were questioning Turner about reports of teens asking adults to buy them alcohol when a scuffle broke out. Turner allegedly struck a deputy with a bag carrying two beers, prompting another deputy to shoot. The shooting of Turner, who played for the Cincinnati Bengals from 1978 to 1980, remains under investigation.

Reinstated!


POSTED: 06:00 AM PDT April 13, 2011
UPDATED: 3:45 pm PDT April 16, 2011


Five Birmingham police officers fired in 2009 amid allegations of excessive force were reinstated Tuesday by a unanimous vote of the three-member Jefferson County Personnel Board, setting up what could be a quick return to work. The officers hugged each other, their attorneys and friends and family following the decision. "God fought my battle," Kenneth Prevo said after the unanimous vote. "When you know in your heart that what you did is right, you don't put too much time into worrying about things you can't control. "The decision was made by man; it was overturned by man, but God was my attorney on this," Prevo said.

(Officers Heath Boakle (left) and David Doran shake hands leaving the Jefferson County Personnel Board meeting.) The city of Birmingham can appeal the decision of the three-member board. Birmingham Mayor William Bell said he will make a decision about whether to appeal by next week. He said he must decide if "the stars are aligned" to make that move and dedicate resources necessary for that action. "Right now I'm in consultation with the attorney for the city as well as the police chief to see what our options are, and depending on those options we'll take the appropriate measures," Bell said.

Police officials have declined comment.



If the board's ruling stands, the officers will be quickly put back to work and receive full back pay and benefits dating back to May 14, 2009, said an attorney who represented several of the officers. "It doesn't take very long," she said. "In fact, they could make that phone call today to start the transition. They may want some additional training before they make the decision of where to place them."

"They're happy. They're joyful. They've got their jobs back," said David Crews, president of the Fraternal Order of Police. "For two years, they've been through ups and downs and not knowing. Finally it's over. They've got closure." Thomas Cleveland (pictured left) said all five of the officers have endured undue stress and criticism since the incident was made public. "People don't understand the role of a police officer and the stresses we go through," Cleveland said. "None of the five of us knew at that particular moment whether we were going to be alive or not 15 seconds later."


(Officers Kenneth Prevo (left) and Heath Boakle)

Board members Ann Florie, Lonnie Washington and Chairman Kenneth Moore followed the recommendation made two weeks ago by a hearing officer. Jim Sturdivant said city officials didn't provide any testimony during a daylong hearing to support the firings of David Doran, Barrett Dewitt, Heath Boackle, Prevo and Cleveland.

At Tuesday's meeting, Moore said, "One of the wondrous things about being on this board is that we are relieved of anything political at all. We don't have to do anything but follow the law."


(Officers David Doran (left) and Barrett Dewitt)

According to the Tuesday ruling, "the hearing officers found 'that the city failed to present any evidence in support of termination of the five officers.' The city was provided ample opportunity and was urged repeatedly by the hearing officer to present evidence to support the city's decision to terminate the (officers). For reasons known only to the City of Birmingham, it failed to do so."

Attorney Michael Choy, who represented the city in the hearing and also will defend the city in a civil lawsuit set for September, said, "We respect the process, and we respect the board's decision."

All five officers were fired in 2009 after an incident came to light and made national headlines via a videotape of officers striking Anthony Warren, a suspect who led officers on a chase through several cities. Warren is serving 20 years in prison for his assault on the Hoover officer .

At the time the officers were fired, Birmingham Police Chief A.C. Roper held a news conference at which he said there was a failure in policy, personnel, training, procedures and supervision.

A grand jury later indicted Doran and Dewitt, but they were found not guilty of wrongdoing in federal court earlier this year. The other three officers were never criminally charged.

On Tuesday, a couple of the officers spoke out about their ordeal. Cleveland said it was tough to have the public judge him for 1.47 seconds of a 17-year career, especially since the public was doing so "in the comfort of their own homes, not knowing what we knew at the time."

"I've been unemployed for two years. My wife has been very supportive; the FOP has been very supportive, and there's been a lot of support from the community," Cleveland said. "I've had people stop me on the street and give me money because they knew who I was and what a terrible time I was going through."

Like most of the officers involved, Cleveland had to cash in his pension and deferred compensation to make ends meet. "I'm struggling," he said. "I'm ready to get it all behind me."

He said he was thankful the personnel board made what he considered to be the right decision. "They didn't have to confirm his recommendation, although it would have been highly unusual had they not," he said. "But after the past two years and the struggles we've been through, at this point you can't take anything for granted."

Prevo, a 15-year veteran law officer, said he will return to work as soon as he gets his orders.

"I guess I've got to get back on the street and see if I still have this police thing in my heart, and reassess the value of putting my life on the line for a public who doesn't care, and knowing that at any time a man can take it away from me," he said.

He said police officers have always been a "whipping post" for the public, one of the things he had hoped to change when he joined the force.

"It's going to be difficult for me to go there with that same vigor, that same heartfelt desire, the same sacrifice I was willing to make then," he said. "I will go back whenever they tell me to go back. I took that oath. Until then, I will continue to live life in God's hands."

In Honor


Officer of the Year!


Published Thu, Apr 14, 2011 04:37 AM (EDT)
Modified Thu, Apr 14, 2011 13:28 PM (PDT)


New York (WCJB) - An award given to an officer who fatally shot a Pace University football player last year is "obviously offensive," an attorney representing the youth's parents said Wednesday. "It's a disgrace," the attorney told reporters. "What concerns me is it sends a message of blatant disregard." Officer Aaron Hess was named Officer of the Year by the Police Benevolent Association in Pleasantville, New York, last week, according to media sources. Mount Pleasant Police Officer Ronald Beckley and Hess shot Danroy "D.J." Henry, 20, of Easton, Massachusetts, early on October 17, 2010 outside a bar at a shopping center in Thornwood, New York. On February 14, 2011 a Westchester County, NY Grand Jury cleared both police officers of criminal responsibility in the death.

Pleasantville Police Chief Anthony Chiarlitti defended his officer while quelling suggestions that Henry was shot because he was black. "Any attempt to characterize Officer Hess ... as racially biased is inappropriate and irresponsible," the police chief said. "Officer Hess has always been a good police officer and, until someone demonstrates to my satisfaction that Officer Hess did something wrong, I will continue to support him."



"The PBA membership unanimously voted to present the award to Officer Hess as an expression of support for the dignified and professional manner in which Officer Hess has conducted himself throughout his career and this ordeal and, most particularly, the very difficult aftermath of this tragic incident," Listwan said. "The entire PBA membership is proud to count Aaron Hess among its ranks and wanted him to know it."

Cop Watchers!


August 28, 2010



Poetic Justice!


August 27, 2010

FREDONIA, Ariz. – Law officers combed a remote desert area in northern Arizona early Friday for a gunman who allegedly shot and killed a Utah sheriff's deputy with a high-powered rifle. Arizona authorities say Kane County, Utah, Deputy Sheriff Brian Harris was shot about three miles east of Fredonia, a small town just south of the Utah border. Coconino County sheriff's commander Kurt Braatz said Harris was a resident of Mount Carmel, Utah, married with two daughters. Officials say Harris, 41, was chasing a burglary suspect, identified as Scott Curley, 23, on foot Thursday afternoon when the suspect allegedly opened fire on Harris, killing the deputy with a high-powered rifle. The manhunt for Curley continued through the night and into Friday. Dozens of law officers, some in helicopters or leading tracking dogs, searched the remote desert area. Utah's governor expressed sadness over the deputy's death. "Once again, we have received the tragic news that a Utah peace officer has lost his life in the line of duty," said Utah Gov. Gary Herbert. He described Harris as a lawman who put "himself in a dangerous situation to protect his community." Harris' friends and family members gathered at his home to offer comfort and condolences. "He was our go-to guy," his mother Bonnie Harris told The Salt Lake City Tribune. "He did everything for us." The Gulf War veteran joined the sheriff's office after returning from the Mideast and enjoyed his work, especially rescuing lost or stranded people, said his brother, Bert Harris. "He loved law enforcement. It was his thing," said his father Bruce Harris.

LVMPD!


19 Shootings - 1 year!


August 27, 2010

The first officer at the scene came in contact with 40-year-old Francisco Aguila Canez of Henderson standing next to a pick-up truck. The officer reported that Canez also appeared to be concealing a dark object behind his leg. When the officer attempted to speak to Canez, officials say, he pointed the object at the police officer in a threatening manner. Canez ignored commands to drop the object, forcing the officer to fire several rounds and striking Canez three times. The object, reportedly, turned out to be a pair of binoculars. The 40-year-old shooting victim was taken to Sunrise Trauma Center for treatment of his wounds.

According to Las Vegas Metro Homicide investigators, Canez was despondent due to problems at his job and a "rapidly deteriorating financial situation." Investigators have also determined that Canez was the person who made the original 911 call to the dispatch center so that he could draw police officers to the area. Charges against Canez are still pending and the investigation is still ongoing.

Metro has not released the name of the officer who shot Canez. Per policy, the officer's name will be released 48 hours after the incident. This is the 19th officer involved shooting for the Las Vegas Metro P.D. this year.

Published Sunday, July 18, 2010 | 5:43 p.m.
Updated Sunday, July 18, 2010 | 8:22 p.m.


Investigators were working the scene Sunday evening in a southwest Las Vegas apartment complex where, late Sunday afternoon, a domestic disturbance involving a husband, his wife and her ex-husband ended up with both men getting shot — including one of them by two Metro police officers. The wife called police about the shooting at 4:13 p.m. and officers headed to the scene to deal with a report of "battery with a deadly weapon," Neville said.

Neville said when two Metro officers arrived, they "got into it" with the current husband and the two officers both fired at him, critically injuring him. It wasn't clear whether the husband fired on the officers, but Neville said neither one of the two officers were harmed. All of the shootings took place inside the apartment, Neville said.

A man who was at the scene Sunday afternoon said he had just gotten off a bus on the corner near the apartment complex when the shooting was taking place. He said he heard multiple rounds of gunfire, possibly six shots. Sunday's incident is the third Metro officer-involved shooting incident in the city within eight days. It is also the 18th officer-involved shooting this year, police said.

LVMPD Officer History!


Jan 9th, 2004

Las Vegas has a serious problem with police crimes and scandals and the police department there is truly out of control. One white police officer, with a troubled history, on three different occasions murdered three marginalized homeless men in a six year period (two of the victims were black) and claimed all three men attacked him with a knife. Oddly enough, there were no witnesses to any of these killings! The officer, who has only been on the force for eight years, would not submit to a polygraph examination and is still on the force today.

Other recent police crimes include the threat of sexual torture of a casino coin thief who would not reveal his name to the police. Three police officers roughed him up, pulled down his pants and put a rubber glove on their night stick and threatened to sodomize him if he did not reveal his name. The officers knew his name but did this because he was "uncooperative". This felonious assault was all captured on the casino's security video and yet the officers still submitted falsified police reports. These officers were briefly jailed and released due to the good-old-boy conservative political brokers in Nevada.

Officer Sean Curd -possession of cocaine
Detective Kelly -lost a kilo of coke (how?)
Officer Ramirez -forcing a sex act
Officer Fisher -shooting at Mexicans
Officer Mortenson -shooting at Mexicans
Detective Hartung -molesting a boy
Officer Splinter -brandishing a weapon
Sgt Keller -receiving $15,000 (overtime?)
Officer Miller -beating a handcuffed man
Officer McCulloch -3 dui's in 18 months
No name DARE officer -smoking pot
Officer Brown -poss GHB and Ecstacy
Detective Brandon -robbery
Officer Conroy -shoplifting
Officer Rogers -brawling
Officer Montes -brawling
Officer Mills -brawling
Officer Klein -brawling
Officer Lewis -brawling
Officer Pearce -poss meth manufact $
Cadet no name -murder while at academy
Officer Woodard -sexual assult on minor

2 Murders - 2 Weeks!


August 24, 2010

MIAMI – A Miami police officer and a federal agent fired on two armed men who pointed weapons at officers in Liberty City early Friday, killing one, authorities said. The Miami officer, Ricardo Martinez, had just returned to work following another fatal shooting — that of a 16-year-old youth in Overtown during a robbery sting. The federal officer was not named.

Police identified the dead man as Tarnorris Tyrell Gaye, 19. Records show Gaye has been arrested several times on charges including grand theft of a vehicle, battery and possession of a weapon by a convicted felon. It was the fourth time in six weeks Miami police had been involved in a fatal shooting.

Miami police policy gives officers three days off after a shooting. A psychologist evaluates the officer before the police chief gives the final clearance to return to full duty. “He is a very good officer,‘’ Miami Police Chief Miguel Exposito said of Martinez, an 11-year veteran. "He was cleared to go back to work, and there’s no problem.’’

Less than two weeks ago, police said Joell Lee Johnson pointed a gun at an officer posing as a Chinese food delivery man during a sting after a similar robbery a day earlier. Martinez fired, fatally wounding Johnson, whose funeral is Saturday.

Miami police Cmdr. Delrish Moss said a man stopped plainclothes officers early Friday, saying he had just been robbed by two men on bicycles, one with a shotgun. Late Friday, officers charged Stephen Battle, 18, the man they say was with Gaye, with trespass and two counts of aggravated assault with a firearm on a law enforcement officer.

A "Miami police arrest report" gives this account:

Two plainclothes officers — including a Miami officer and an agent from Immigration and Customs Enforcement — in a white pickup shortly after midnight spotted two men riding bicycles west on Northwest 58th Street in the middle of the road. Authorities said the two agencies were teaming up in Liberty City in an operation aimed at breaking up gangs and getting guns off the street.

The officers turned on red and blue flashing lights and yelled for the men to ``stop.‘’ They didn’t stop. According to the officers, one man ``was leaning and riding in what appeared to be an awkward position,’’ on the bicycle, the report said.

The man, later identified as Gaye, ``pulled a shotgun from underneath his shirt and from the side of his pants. He then lifted the weapon up pointing it towards the police vehicle…’’ the report said. The weapon was later described as a Mossberg 500A 12-gauge shotgun.

Battle ``pulled a handgun from his waist and pointed it at the officers,’’ the report continues. Both officers fired, the report said. Battle fled. One officer continued shooting at Gaye while the other chased after Battle. Gaye, shot several times, was taken to Jackson Memorial Hospital, where he was pronounced dead. Authorities do not know if both officers’ shots hit Gaye. Officers found Battle about three hours later behind a home in the 1400 block of Northwest 58th Terrace. A .38-caliber Smith and Wesson was nearby.

ICE spokesman Temple Black confirmed in a statement that his agents were doing surveillance with Miami police when the shooting occurred. He would not release the name of the agent. On Friday morning, 10 bright green cones were clustered in an oval on the ground in front of Willie Stephenson’s yellow house near Northwest 14th Avenue. Stephenson, 54, said he heard at least seven shots. He waited a minute, then came outside the house and saw the body of a man on the ground on his back. He said two bicycles lay on the ground, along with a shotgun.

Earnest Sims, Battle’s father, rushed to the scene Friday morning after hearing about the shooting involving his son. “I’m just going to continue to pray,‘’ said Sims. ``That’s all I can do until we find out more information. I just thank God it wasn’t him who was killed. I feel sorry for the young man who was killed.’’
See: Corrupt Justice™: Miami Beach Police Department - Murderous

Unarmed & Black!


June 9, 2010

Ex-cop pleads guilty in Katrina bridge shooting


A former police officer pleaded guilty Friday to trying to help fellow officers cover up the post-Hurricane Katrina shootings on a New Orleans bridge that left two men dead and four others wounded.

NEW ORLEANS — A former police officer pleaded guilty to trying to help fellow officers cover up the post-Hurricane Katrina shootings on a New Orleans bridge that left two [Black] men dead and four others wounded. Ignatius Hills, 33, pleaded guilty in federal court to conspiracy to obstruct justice and misprision of felony as Lance Madison looked on with members of his family. Madison initially was charged with eight counts of attempted murder and is the brother of Ronald Madison, a severely disabled [Black] man who was one of those killed on the Danziger Bridge.

Hands folded in front of him, Hills answered in a calm voice as the judge questioned him about the plea deal, acknowledging that he signed a police department report justifying Lance Madison's arrest, even though he believed Madison was not guilty. Hills also admitted that he lied when he said that the [Black] civilian he fired at "clutched his waistband and turned toward Hills as if grabbing for a weapon."

"At this point we feel very, very good about the progress federal officials are making," said Dr. Romell Madison, the older brother of Lance and Ronald. Hills was one of seven officers charged in state court with murder or attempted murder. The Justice Department opened its probe after a state judge dismissed those charges in 2008.

Former officers Michael Lohman, Jeffrey Lehrmann, Robert Barrios and Michael Hunter all have pleaded guilty in connection with the shootings.

Marion David Ryder, a convicted felon who was posing as a law enforcement officer on the day of the shootings, also pleaded guilty to lying to the FBI when he claimed a civilian shot at him near the bridge. Confirming statements by officers who worked out earlier deals, Hills said that he saw numerous [Black] civilians lying "bloody and wounded" on the bridge, but "did not see any guns on or near the [Black] civilians, and did not perceive any threat from them."

He also reaffirmed the cover-up of the shootings, even attending a meeting with other officers in a gutted police station to make sure their stories were consistent.

The six guilty pleas have been from those involved in the cover-up and appear to lay the foundation for more serious charges against those who actually did the shooting and engineered the cover-up. "We have not completed this investigation," U.S. Attorney Jim Letten said after the sentencing. "There is a lot of work to be done."

Conspiracy to obstruct justice carries a maximum sentence of five years and a fine of $250,000. The misprision of a felony conviction could draw up to 3 years in prison and a fine of $250,000.

As part of his plea deal, the New Orleans district attorney agreed not to bring state charges against Hills, who also admitted to lying to a state grand jury. Sentencing was set for Sept. 22, 2010.

See also:

Lying is the Norm (SFPD)! - Part IV (Draft - Coming Soon!)
Lying is the Norm! - Part III
From Top-to-Bottom: Lying is the Norm! - Part II
Police Cover-Ups: Lying is the Norm!

February 15, 2010

Portland, Ore. - The Rev. Jesse Jackson visited Portland on Tuesday in response to the police shooting of Aaron Campbell late last month, the Albina Ministerial Alliance announced Sunday. Campbell, an African-American male, who was unarmed, was shot and killed by Portland police officer Officer Ronald Frashour, who is white, on January 29, 2010. Campbell was shot in the back after emerging from an apartment with his hands over his head. He was reportedly distraught over the death of his brother earlier in the day. Frashour has said he thought Campbell was reaching toward his waistband for a weapon. Campbell died at the scene.

On February 10, 2010, a Multnomah County grand jury returned a "no true bill," or no indictment against Portland Officer Ronald Frashour, who fired one shot from his AR-15 rifle at Campbell, 25, striking him in the back in the parking lot of the Sandy Terrace Apartments in Northeast Portland. The grand jury did not find criminal wrongdoing by Officer Ronald Frashour. But in its three-page letter, the jury said it was outraged at what happened and said the Police Bureau, with its communication failures and deficient training, “should be held responsible for this tragedy.”

Officials talk about investigation into Aaron Campbell shooting


In the past five years, at least five people with mental illness, or in crisis, have been killed by Portland police:

Aaron Campbell, 2010
James Chasse, Jr., 2006
Jerry Goins, 2006
Tim Grant, 2006
Raymond Gwerder, 2005

Portland PD Kills Again!


James Jahar Akbar Perez was the third young, unarmed "black" American citizen to be murdered by Portland cops between 2002 and 2004. It was March 28, 2004, when a white Portland police officer, Jason Sery (pictured left) shot Mr. Perez three times after pulling him over for "failure to use a turn signal."

Michael C. Schrunk has been the Multnomah County District Attorney since 1981. Being in office for 28 years and counting, Schrunk obviously believes he is above the law and can do whatever he wants, legal or otherwise. In 1997, an attorney from his office, David Peters, somehow escaped prosecution after cocaine was found in his home and after his name was in the "black book" of a known drug dealer. Schrunk's record when it comes to letting police thugs off for murdering American citizens that is even more troubling about this character's career.



Schrunk refused to file charges against Sery, just like he did when Portland Police officers Stephen Mosier and Christopher Gilbert murdered unarmed Byron Hammick back on February 22, 2002; and when Portland police officer Scott McCollister, on May 5, 2003, shot and killed unarmed, 21-year-old Kendra James.


Lying, Murderous O.P.D.

Strikes Again!


January 20, 2010



We note that lying is the norm for police officers, judges and lawyers. A honest judge, attorney or police officer is an exception to the norm.


Reasonable Force!


January 22, 2010

San Pablo, California police used reasonable force when they shot and killed a 35-year-old black man who [allegedly] grabbed for an officer's gun during a street fight in 2006, according to a verdict reached by a federal jury this week. The mother of Melvin Deshawn Hardnett, Delores Stringer, sued the police department for $10 million in U.S. District Court in San Francisco. The suit alleged that the two officers involved in her son's death used excessive force and acted maliciously without just provocation. The jury reached its verdict in favor of the police on Wednesday.

Hardnett was shot dead May 29, 2006, after he led police on a car chase, fled from the vehicle and then struggled with two officers as he was apprehended. Several men watching the struggle threw rocks at the officers and shouted for Hardnett to kill them. Police [lied and] said Hardnett had partially pulled one officer's gun from his holster, prompting the second officer to fire. Hardnett died at the scene.

See: Lying is the Norm! - Part III


By the Jew Court!


Shooting UNARMED Black Men is "Reasonable"


January 19, 2010

"The undisputed evidence shows that Officers Jimenez and Borello acted reasonably when they used deadly force against Mr. Moppin[.]"

--Juden Wilkens


"Sara" Claudia Wilkens
Race or Ethnicity: Jew/White
Gender: [Used] Female
Law School Graduate: University of California, Berkeley, Boalt Hall School of Law, J.D., 1975; Private practice, Berkeley, California, 1978-1984; Adjunct professor, University of California, Boalt Hall School of Law, 1978-1984; Professor, New College School of Law, 1980-1985.

"Sara" Speaks!


Officers Hector Jimenez, who was fired after shooting another unarmed black man to death in 2008, and Jessica Borello were justified in shooting 20-year-old Andrew Moppin-Buckskin at 47th Avenue and International Boulevard after he ran from his car following a traffic stop, U.S. District Judge Claudia Wilken ruled in Oakland.

Moppin-Buckskin was not armed, but the officers believed he was reaching for his waistband when they opened fire, Jew Wilken said in a 15-page ruling Tuesday.

"The undisputed evidence shows that Officers Jimenez and Borello acted reasonably when they used deadly force against Mr. Moppin," Wilken wrote. "The officers shot Mr. Moppin only after he failed to come toward them, as ordered, dropped his hands and then made a movement toward his waist area as though reaching for a weapon."

Less than seven months after Moppin-Buckskin was killed, Jimenez fatally shot Mack "Jody" Woodfox III, 27, after stopping him on suspicion of drunken driving.

Jimenez said he believed Woodfox had been reaching into his waistband for a gun when he jumped from his car and ran after a chase July 25, 2008, that ended at East 17th Street and Fruitvale Avenue in the Fruitvale district. Woodfox, who was shot in the back, turned out not to have a gun. The city settled a lawsuit filed by his family for $650,000. Jimenez was fired for Woodfox's shooting on the grounds that he had violated the Police Department's use-of-force policies, which stipulate that officers cannot fire on suspects who pose no threat. Jimenez is appealing his termination.


(Judge Stephen Trott, 9th Cir., pictured left) In August of 2006, the California Second Appellate District Court of Appeal unanimously concluded that the use of police dogs by officers does not constitute the use of deadly force. In the case of Thompson v. County of Los Angeles (2006) 142 Cal.App. 4th 154, the Court of Appeal reaffirmed that deadly force is defined as "force that creates a substantial
risk of causing death or serious bodily harm, "however, the court also reinforced prior court decisions that "...the great weight of authority (holds) that use of a trained police dog does not constitute deadly force."


In the Thompson case, the California Court of Appeal referred to a recent decision from the Ninth Circuit, U.S. Court of Appeal, Smith v. City of Hemet (2005) 394 Fed. 3rd 689, where the Ninth Circuit "adopted a definition of deadly force to include force creating a substantial risk of serious injury, thereby overruling the authority on which the trial court had relied in refusing (Thompson's) deadly force instruction." The Court of Appeal goes on to state that "the trial court...properly instructed the jury that the use of force in this instance was to be analyzed under the reasonableness standard applied to claims of excessive force."


In Scott v. Harris, the U.S. Supreme Court focused on when the use of force by law enforcement is reasonable. "It is...conceded, by both sides, that a claim of excessive force in the course of making a..."seizure" of the person...is properly analyzed under the Fourth Amendment's objective reasonableness standard. The question we need to answer is whether Scott's actions were objectively reasonable."

In making that statement, the Supreme Court referred to a prior decision of the Court, from twenty years ago, the case of Tennessee v. Garner (1985) 471 U.S.1. In the Garner case, a police officer shot and killed "a young, slight, and unarmed burglary suspect, by shooting him in the back of the head while he was running away on foot...." The Scott court states that "Garner did not establish a magical on/off switch that triggers rigid preconditions whenever an officer's actions constitute deadly force." As such, "whether or not Scott's actions constituted application of "deadly force," all that matters is whether Scott's actions were reasonable."


License to Kill Black Men!


We now see a pattern of law emerging from both the state and federal courts that grant police departments across the nation, a license to kill black men. In virtually every case that has made its way before the court involving the killing of unarmed black men by police officers, the court has found legal precedent to justify such killings. The publice record demonstrates that not one police officer in America has been convicted of killing an unarmed black man. In one of the most egregious cases, New York Police Officers shot an unarmed black man fifty (50) times. Every officer involved in this shooting of Sean Bell was exonerated in a court of law.


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Movie Intermission!


THE BLACK HOLOCAUST!




Description: "Between 1824 and 1951 there were over 300 events classified as “White Race Riots” in which entire white communities turned on and destroyed entire Black communities and murdered Blacks in mass. There were 26 such major events and hundreds of smaller ones in major cities and towns across the US during the summer of 1919 alone. This period has been tagged by historians as “The Red Summer of 1919”, because many of the events happened from May to October of that year and the blood of their victims literally painted the streets of America. White men, men women and children all participated in what was best described by Ida B. Wells-Barnett as "An orgy of murder and mayhem." That year, 1919, tens of thousands of Black Americans were killed, maimed and 375,000 were made refugees, though never being given refugee status, all for economic, social, political and other reasons both real and imaginary. They even killed Blacks for recreation activities in rural areas in events called "Friday Night Boot Burnings" (the burning of a Black man at a stake or bonfire) or " Picnic" (a slang term for pick a nigger for lynching} Lynching became a common weekly event to kill the monotony of rural life. It was not uncommon for whites to eat, drink, dance and sing church songs as they created a sadistic festive atmosphere, while their victims suffered from torture." Blacks involved in other riots between 1917 and 1923, recalled the horrors of the East St. Louis race riot, in which 250 to 700 Blacks (or more) were massacred in the most gruesome fashion and dared to fight back. (Runtime: 02:10:44)








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