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Jail guards in home invasion, burglary,
and savage beating get ... probation
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Toledo [Ohio] Blade Feb. 28, 2007
Three former Lucas County jail corrections officers convicted of assaulting a man in a fight after burglarizing his West Toledo home were sentenced yesterday to probation.
Lucas County Common Pleas Court Judge James Bates declined to send Brian and Matthew Wise and Timothy Holzemer to prison and instead placed the trio on community control for two years.
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The sentence was imposed in the convictions of the ex-jail workers for the assault on Jorge Hernandez Rodriguez during the Oct. 8 break-in at his home on Foth Street.
Indicted on felony charges of felonious assault and aggravated burglary, the defendants pleaded guilty Jan. 23 to lesser offenses of felony burglary and misdemeanor assault, crimes that could have resulted in two-year jail sentences.
Brian Wise, 24; his brother, Matthew Wise, 26, and Holzemer, 27, were terminated from their positions at the jail after an internal investigation into the incident by the sheriff's office.
Judge Bates said the incident was embarrassing to the defendants' family members and Sheriff James Telb and ended their careers in law enforcement.
"This case has generated a lot of publicity and has caused a lot of problems for the three of you," he said. "It is a shame that this occurred. … What you did that night, there was no justification."
The incident began after Mr. Rodriguez arrived home and found his roommate, Kimberly Boswell, also a jail corrections officer, with Brian Wise in the residence.
After words were exchanged, Brian Wise left the house and called his brother, who was attending a bachelor party with Holzemer, and the two joined Brian Wise at the Foth address.
The defendants entered the home and dragged Mr. Rodriguez from a bedroom and punched and kicked him. The victim, who suffered a concussion in the assault, was in the courtroom with Ms. Boswell.
Before learning their punishment, each defendant offered an apology to Judge Bates for his actions in the crime.
Judge Bates also ordered the men to pay $4,735 in restitution to compensate the victim for medical bills and for the damage caused to his house during the assault.
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Mountie's meltdown just a blip, says judge |
Feb. 9, 2007
Chronicle-Herald
Bridgewater, NS Canada — A Mountie who had "a bit of a meltdown" and fired nine bullets from her service pistol into the wall of her home has been put on probation for a year and will have no criminal record so she can continue what the judge called "an exemplary career."
Const. Adree Zahara won't have to perform community service as prosecutor Chris Nicholson requested because Judge Anne Crawford said Const. Zahara, as a police officer and single mother, already gives back to the community every day.
The judge also imposed a two-year ban on possessing weapons rather than the 10-year ban Mr. Nicholson asked for, saying the lesser term would still be a deterrent but would allow Const. Zahara to continue her career.
The two-year ban applies only when Const. Zahara isn't working. She is allowed to carry a gun at work.
"The public interest is best served here by allowing a good officer to continue her career," Judge Crawford said as she agreed to the joint recommendation from the Crown and defence for a conditional discharge and a year on probation.
But RCMP spokesman Sgt. Frank Skidmore said Const. Zahara will not be given her semi-automatic handgun back, at least until an internal investigation is finished. He said her future with the RCMP is far from certain.
Mr. Nicholson said Const. Zahara is now doing administrative work for the RCMP's violent crime linkage analysis system, or VICLAS, in Bedford.
The prosecutor said outside court he wanted a longer firearms ban and community service.
"I thought it would be important for Const. Zahara to have the opportunity to give something back to the community for what she did, for her serious lapse in judgment here," he said.
But the judge did agree with the joint recommendation for a conditional discharge, saying "anything other than a conditional sentence would be grossly out of proportion to the offence." She said Const. Zahara was under considerable stress at the time and did not put anyone at risk.
Both Mr. Nicholson and defence lawyer David Bright denied that Const. Zahara was given special treatment.
Mr. Bright said he has worked on cases involving military members who received a work exemption to a weapons ban.
He said Const. Zahara has an "extraordinarily good record" at work. Both he and Mr. Nicholson said her sentence reflects her work as an RCMP officer and as a volunteer in the community, her remorse and the positive statements that senior officers made in her presentence report.
Last week, two senior RCMP officers spoke to The Chronicle Herald on condition of anonymity. They said they thought Const. Zahara was getting preferential treatment, both in the criminal case and the internal investigation, and that it was damaging to the rank-and-file members and the public's perception of the RCMP.
"Their credibility is totally destroyed," one veteran officer said of RCMP management and the force's handling of the investigation. "She should have no credibility as a police officer. Period."
Const. Zahara's work with the VICLAS unit, at full pay, is a job that "80 per cent of front-line officers would give their you-know-what to have," one officer said.
The officers were appalled that Const. Zahara fired her pistol into a wall nine times in a domestic dispute, not only because of the safety training they receive but also in light of the types of violent offences many officers have witnessed.
The two senior Mounties who spoke with The Herald said other officers have been forced out of the RCMP over court convictions, even if the sentence was a conditional discharge. Others are being subjected to polygraph tests to determine who is downloading music from the Internet, one said.
"And they let something like this go by? It's a farce, that's the bottom line," the officer said.
Bridgewater Police Chief Brent Crowhurst used to be Const. Zahara's supervisor when he was a Mountie. He told the court that the policing community admired and respected her and that he has no concerns about anything like this ever happening again.
Mr. Nicholson said the shooting incident came to light when Const. Chuck Simm reported it to his detachment on Oct. 16. Const. Simm had been living common law with Const. Zahara and their three-year-old son until a few months before.
He said that on Oct. 15, Const. Zahara invited him to her home in Chester Grant to talk about their son and they got into an argument. He was working and in uniform. Const. Zahara was also in uniform, getting ready for her 4 p.m. shift.
Mr. Nicholson said Const. Zahara got "very upset," went into her room and started smashing things. Const. Simm reported that he heard a gunshot, followed by several other shots. He kicked in the door and took her gun until she calmed down, then gave it back to her and she went to work.
When she didn't report the incident, he did.
Parents of woman assaulted
by police officer speak out |
Feb. 3, 2007
WMC-TV
Memphis, Tenn. — A traffic stop ends with a Memphis woman on the ground and a police officer off the job for using excessive force.
Action News 5 first showed you the video of Stephanie Taylor pulled over for speeding in LaVergne, Tennessee last month.
Taylor was pulled over by former Lavergne Police officer Shawn Temple. The traffic stop began badly and only got worse.
Taylor's parents watched the video for the first time on Action News 5. We watched it with them.
"It hurts. No one wants to see their children treated like that," says Anita Teamer, the victim's mother. "Hearing her cry out in anguish and pain and I not be there."
"There were two officers there and personally I feel like other officers should have intervened, call one's supervisor," says Gene Teamer, the victim's step-father.
Medics were called to Taylor's traffic stop before they let her go home. Taylor's parents don't think race was a factor in the way their daughter was treated.
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Commentary by Helen & Harry Highwater:
Three off-duty jail guards broke into Jorge Rodriguez's home, dragged him from a bedroom, and punched and kicked him. Rodriguez suffered a concussion. And what does 'justice' look like, when jail guards become a gang of criminals?
Probation, not jail. Plea bargains and a fine. "Judge Bates said the incident was embarrassing to the defendants' family members and Sheriff James Telb." I wonder if it was embarrassing to Rodriguez -- you know, the victim, the guy whose house broken into, who was beaten till his skull cracked?
If cops and jail guards weren't above the law, these men would be in jail. This is not equal justice, and Judge James Bates is an accessory after the crime. He ought to be ashamed, impeached, tarred and feathered.
Helen & Harry
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"Nothing will eliminate [police corruption]. As long as you have police officers, you always have the potential for corruption. As long as you have human beings, there is potential for crime."
Los Angeles Police Chief
William Bratton |
| SPECIAL THANKS EMERITUS, LON GARM |
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The bad news we're presenting here is, of course, only the tip of the tip of the iceberg.
As with any crime, only a tiny fraction of police misconduct is ever caught, and we can only guess what fraction of what's caught actually makes it into the newspapers, and of the rare police misconduct that is reported in the media, surely we stumble across only a tiny sliver.
Of that sliver, these are just a few selected highlights.
We welcome your clippings and comments; please send them to unknownnews at myway.com.
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Why we're doing this:
Cops are very nearly worshipped in our society. On endless TV shows, in movies, police procedural novels, in the newspapers and on the nightly news, police are usually presented as virtue personified -- as if it's heroic to button up a blue shirt and pin on a badge.
It's not.
What some cops do while wearing the uniform makes them heroes ... and what other cops do, on-duty and off, reveals them as thugs.
Well, if you're looking for more news of police heroism, you've come to the wrong place. If you want to be told that the policeman is your friend, that cops are the good guys and robbers are the bad guys, you'll find such reassurance on every 'news network,' in every newscast around the clock, and in every cop show from Dragnet to NYPD Blue.
This page serves a different purpose, for anyone brave enough to face facts:
All cops are not heroes.
But because of the myth that "all cops are heroes," there's minimal call for disciplining bad cops, and maximal call for "forgiving," and "understanding" the tough work of being a cop.
And that's despicable. And terrifying.
Police work is tough. It's among the most difficult jobs in the world. And turning a blind eye toward police misconduct -- allowing crooked, corrupt, outright criminal cops to have long careers in law enforcement -- only makes it more difficult and dangerous for the good cops.
Letting cops get away with crime ...
... Or "punishing" police misconduct with long, leisurely paid suspensions ...
... Or probation ...
... Or sweet deals that allow a policeman's own police record to be expunged ...
... Or any of the other special treatments cops typically receive when they're accused of wrongdoing ...
... is assinine and counterproductive.
We'd like to see good cops get a raise, and bad cops held accountable for their crimes.
Any other policy is an invitation to savages and brutes -- to button up a blue shirt, pin on a badge, and break the law with impunity.
Helen & Harry HighwaterLINK
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When supervisors got a look at the tape, they fired one officer and put another on leave.
"The officers are to protect the citizens. It didn't seem to happen that particular time," says Teamer.
Taylor has hired an attorney and considering a potential lawsuit. Her parents will be watching and waiting.
| | Comment: At least in this story, a cop got fired...
Kenneth L. PERMANENT LINK |
| | Comment: Fired, yes, but apparently not prosecuted. I'm pretty sure I'd be prosecuted if there was video of me treating someone like that... Helen & Harry PERMANENT LINK |
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Cop ejaculates on a motorist but escapes criminal liability |
Feb. 8, 2007
Orange County [CA] Weekly
Irvine, Cal. — No one disputes that an on-duty Irvine police officer got an erection and ejaculated on a motorist during an early-morning traffic stop in Laguna Beach. The female driver reported it, DNA testing confirmed it and officer David Alex Park finally admitted it.
When the case went to trial, however, defense attorney Al Stokke argued that Park wasn't responsible for making sticky all over the woman's sweater. He insisted that she made the married patrolman make the mess -- after all, she was on her way home from work as a dancer at Captain Cream Cabaret.
"She got what she wanted," said Stokke. "She's an overtly sexual person."
A jury of one woman and 11 men -- many white and in their 50s or 60s -- agreed with Stokke. On Feb. 2, after a half-day of deliberations, they found Park not guilty of three felony charges that he'd used his badge to win sexual favors during the December 2004 traffic stop. ... MORE ...
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Old lady must pay $650 for being tasered by cops |
Feb. 9, 2007
Associated Press
Kansas City, Mo. — A 69-year-old woman who was shocked with a stun gun after she honked her car horn at a police cruiser has been convicted of resisting arrest for sparking a quarrel with officers.
A Circuit Court jury refused to send Louise Jones to jail, fining her $650 instead.
Jones' attorney, Basil North, said he might appeal. "We don't think she should have been convicted of anything," he said.
On June 15, 2004, police officers Cory Le Moine and Ryan VanDeusen responded to a domestic disturbance call near Jones' home. The officers were cruising the street slowly, watching for trouble. Jones was in her car behind the police vehicle when she honked her horn and pulled into her driveway.
Police, spooked by the horn, parked and questioned Jones, leading to a scuffle after they threatened to write her a ticket. The stun gun of one of the officers discharged during the altercation, according to testimony.
The trial was Jones' second in the case.
She and her 78-year-old husband, Fred, who tried to break up the scuffle, had been convicted and sentenced to probation by a judge in Municipal Court over the incident. Both appealed, and charges against the husband were dismissed, while the wife was granted a retrial in Circuit Court.
| | Comment: We lived in Kansas City when this item first made then news, and we've commented on the matter several times as it's developed. Probably our comments have been too polite.
Basically, this is an open-and-shut case of police misconduct, and everyone officer involved ought to be fired, along with every prosecutor and every judge who's overseen any of it. If Kansas City wasn't the equivalent of a third world nation with a despot rulership, this poor old lady and her husband would've received an apology within an hour, along with a few thousand dollars from the city's bloated police budget. Helen & Harry PERMANENT LINK |
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No jail time for "outstanding detective" guilty of perjury |
Feb. 13, 2007
The Courier-Journal [Louisville, KY]
Louisville, Ky. — A Louisville Metro Police officer has resigned after pleading guilty to lying under oath in court.
Delbert Bonzo, 35, quit as part of a plea agreement on a false-swearing charge, a misdemeanor.
He was sentenced Feb. 2 to 90 days in jail. That sentence was conditionally discharged for two years, according to court records.
"He was an outstanding detective and made a mistake," said his attorney, Steve Schroering. "He acknowledged the mistake and is moving forward with his life."
The charges stemmed from a public integrity investigation into Bonzo's testimony during a domestic violence case for which he was the lead investigator.
The suspect in the case, a man unidentified in the court records of Bonzo's case, was sentenced on an assault charge.
But within a month, the domestic violence case returned to court for a probation violation hearing, and Bonzo was called to testify, said Andy Epstein, the prosecutor who handled the case.
During that hearing, Bonzo was asked about the number of times he'd had phone contact with the victim in the case.
The answer he gave was fewer than the "numerous" times that his phone records indicated, Epstein said.
"He lied under oath and police officers can't do that," Epstein said.
Charges were filed against Bonzo on Jan. 31 and he pleaded guilty Feb. 2.
Bonzo joined the former Jefferson County police department in May 2002. He had served most recently in the 7th Division, in southeastern Louisville.
His personnel record showed no disciplinary action and several letters of commendation for his work.
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Corrupt ex-sheriff sentenced to probation |
Feb. 23, 2007
Associated Press
Pittsburgh — Allegheny County's former sheriff was sentenced to five years of probation and ordered to pay a $5,000 fine Friday for benefiting from strong-arm political fundraising tactics.
Pete DeFazio, 58, pleaded guilty in November to macing, the practice of pressuring subordinates to contribute to political campaigns. Employees who did would rise through the ranks and those who did not were threatened or punished with bad assignments or denied time off, prosecutors said.
DeFazio, who retired in October after nearly a decade as sheriff, told U.S. District Judge Joy Flowers Conti that he never thought his career would end like it did.
"It's an embarrassment for me to be here," DeFazio said. He did not immediately speak with reporters afterward, and instead met with probation officials.
His attorney, Martin Dietz, said he was "not unhappy" with the sentence, which requires DeFazio spend his first six months under house arrest.
Dietz said DeFazio initially was concerned the house arrest would preclude him from attending Mass daily. He is allowed to attend Mass, Conti said.
Conti told DeFazio macing was serious and warranted the sentence, which she said was outside the federal guideline range. The fine, she said, acknowledged "an element of greed" and was significant considering DeFazio's finances.
"It was wrong. You knew it was wrong and you permitted it," she said.
U.S. Attorney Mary Beth Buchanan called the sentence serious, but said it was unfortunate that Congress deemed macing only a misdemeanor.
"Employees should not feel pressured to donate to political campaigns of their leadership and they should not have to fear retribution if they choose not to do so," Buchanan said. "And that is exactly what has been occurring in the Allegheny County Sheriff's Office. And that practice will exist no longer."
DeFazio's last months in office were marred by a federal grand jury investigation and the indictment of three of his top deputies.
Former Capt. Frank Schiralli was sentenced to 26 months in prison for lying to a grand jury investigating the fundraising allegations.
Former Lt. Cmdr. Richard A. Stewart was placed on probation and fined $250 after pleading guilty to macing for demanding political donations from workers.
Former Chief Deputy Dennis Skosnik received five years for committing bribery, fraud and money-laundering for accepting payoffs from a person who wanted to establish a for-profit jail.
William P. Mullen, who had been DeFazio's chief deputy, has been acting sheriff since DeFazio's retirement. He was hired in April, long after the fundraising scandal broke, following a career that included a stint as assistant chief in the Pittsburgh police department.
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Guard Tasers inmate inshower, lies about it, gets probation |
Feb. 27, 2007
News-Gazette [Springfield, IL]
Urbana, Illinois -- A former Champaign County jail employee pleaded guilty Monday to a felony and a misdemeanor in connection with an incident more than a year ago in which he inappropriately used a Taser gun on an inmate.
William Alan Myers, 37, of Pesotum, was sentenced to two years of probation after pleading guilty to felony disorderly conduct and misdemeanor battery. The charges were in connection with a Nov. 14, 2005, incident at the downtown Urbana jail during which Myers, a sergeant, inappropriately used a Taser gun on Ray Hsieh while he was alone with the inmate in a shower room.
The disorderly conduct charge, a Class 4 felony, said that Myers gave false information in writing to his supervisors, Capt. Jim Young and Sheriff Dan Walsh, that Hsieh had spit on two other officers when that had not happened. The battery charge, a Class A misdemeanor, said he caused bodily harm to Hsieh by using the Taser on him.
As a result of an agreement negotiated by First Assistant State's Attorney Steve Ziegler and Myers' attorney, Tony Novak of Urbana, Myers was also fined $500 and ordered to perform 100 hours of public service, get a mental health evaluation and pay court costs.
In return for Myers' pleas, Ziegler dismissed other charges of aggravated battery and obstructing justice.
Myers was suspended from the job he'd held for 13 years following the incident. He has since resigned. According to State's Attorney Julia Rietz, the felony conviction means that Myers will not be able to get a job in law enforcement again.
It also means that, as a member of the Illinois Municipal Retirement Fund, he cannot recoup any of the benefits he earned for his years of service because he was convicted of a felony relating to or arising out of his service as an employee.
"Tasers are an appropriate tool for law enforcement, but like anything, they can be used inappropriately, and that's what happened here," Rietz said.
Novak called the plea to the battery a "compromise of a very close question of whether Alan Myers' use of the Taser went beyond what was necessary to control an extremely disruptive, mentally unbalanced inmate."
"Alan and I decided it was in his best interest to accept the plea agreement, although he has paid a heavy price in that he is unlikely to ever work in law enforcement again," Novak said.
Rietz noted that Hsieh, now 33, could not be located to testify about the incident. In early December 2005, the county reached an out-of-court settlement with Hsieh over the incident. An exact amount was never released by county officials but Rietz explained the settlement did not require county board approval, meaning it was for less than $10,000.
The settlement came the same day that Hsieh pleaded guilty to possession of a stolen vehicle for a sentence of two years of conditional discharge.
According to sheriff's office reports, Myers was summoned to the downtown jail about 7:45 p.m. on Nov. 14, 2005, because Hsieh had gotten in a fight with another inmate. Hsieh, who was listed as homeless, had been in the county jail since Oct. 3, 2005 after his arrest by sheriff's deputies for being in possession of a stolen vehicle and driving with a suspended license.
Hsieh was reported to be "very uncooperative" with officers, prompting them to use pepper spray on him. After that, the officers took him to the shower to wash the spray out of his eyes. In the shower area, the report said, Hsieh dropped to the floor and began to hit his head on a grate. For his own safety, officers Jeremy Heath and Arnold Mathews put him in a restraint chair, also hoping that would calm him.
About that time Myers entered the room and told the other officers, who were under his supervision, to leave.
Heath and Mathews told an investigator they left but heard the Taser gun fire and then heard Hsieh scream. Hsieh was later transferred to the county's satellite jail and put in a segregated cell.
The report said that Myers told Heath that documentation of what happened would require "some creative report writing" and later sent Heath an e-mail with his version of the report in which he told Heath to "make yours look like mine."
When investigators interviewed Myers the day after the incident, he told them that he had sent the other officers out of the room, thinking that might calm Hsieh. He told them he let Hsieh out of the restraint chair after Hsieh complained that his cuffs were too tight. Myers said when one cuff was off, Hsieh spit on him. Myers said he stepped back and fired the Taser at Hsieh and tried to place a spit shield over Hsieh's head.
Myers said two barbs of the Taser got stuck in the folds of Hsieh's shirt but didn't contact his skin. He said when Hsieh spit on him again, he fired the Taser a second time. Hsieh spit again and Myers fired a third time. When he spit again, Myers admitted he fired a fourth time. After that, he said he was able to get the spit shield placed on Hsieh's head.
Myers admitted to the investigators he made up certain parts of his original report.
"I panicked. I tased this guy when I was by myself and I shouldn't have and I panicked. I thought I could reason with the guy," Myers told the investigators.
It is a violation of department policy for an officer to use a Taser on an inmate without another officer being present, the investigators' report said.
Myers told the investigators he had used a Taser on two other inmates on prior occasions.
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Four Florida officers accused of helping 'mob' |
Feb. 23, 2007
Associated Press
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Cop pleads guilty in online sting |
Feb. 2, 2007
Long Island Press
Then I was arrested and beat up by police
after photographing them against their wishes |
Feb. 23, 2007
Democratic Underground
Ex-Syracuse policeman pleads guilty
for drunken-driving crash that injured two youths |
Feb. 23, 2007
Syracuse Post-Standard
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Maryland officer charged with sex offense |
Feb. 20, 2007
Baltimore Sun
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Deputy accused of sex with 14-year-old girl |
Feb. 27, 2007
Florida Today
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Assault, tampering with evidence charges filed against officer |
Feb. 27, 2007
Associated Press
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There's much more than this at Unknown News.
Some related resources we recommend:
American Civil Liberties Union:
I wish they had the funding and attitude to fight harder, but they do accomplish a lot of good.
America's toughest Sheriff?
The truth about nutty Sheriff Joe Arpaio
Bad Cop News:
A dang fine ongoing overview of cop corruption and abuse of authority in the news.
Bad Cop, No Donut:
A regular feature on The Bitter End radio show.
Black Robed Hooliganism: Does for judges what 'Stinky Badges' does for cops -- good coverage of the bad news.
Cops Suck!:
Another fine collection of not-so-fine cops.
CopWatch:
This is the big, national group that fights police abuse, brutality, and corruption, with lots of local chapters. It started with Berkeley Copwatch, and that's probably still their best local group. "Policing the police."
The Copwatch Database:
A permanent, searchable repository of complaints filed against police officers.
Flex Your Rights:
Protect your rights during police encounters
The Innocence Project:
Last chance after a guilty verdict.
Judicial Transparency now and San Diego Judges:
These sites track crooked judges, focused in the San Diego area.
More Bad Cop News:
Perhaps the most comprehensive collection of cop crimes
Meet up with others who care about police misconduct
Michaelbradford.com keeps a sharp, skeptical eye on the cops in California's Santa Clara county.
National Lawyers Guild: Lawyers with consciences.
PoliceAbuse.org: Well-funded organization runs video stings of police operations.
PoliceCrimes.com: News and information on police brutality and criminality.
Roadblocks:
What to expect and how to handle the situation
Truth in Justice, an educational non-profit organized to educate the public regarding the vulnerabilities in the U. S. criminal justice system that make the criminal conviction of wholly innocent persons possible
When the police don't take no for an answer
by Claire Wolfe, Backwoods Home Magazine
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