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Cop gets probation for
beating up little boys
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by Hilary Russ, Cape Cod Times Aug. 29, 2007
BARNSTABLE, MASS -- An off-duty police officer accused of roughing up three preteen boys who were allegedly shooting paintballs at cars will be on court-ordered probation for a year.
Barnstable police Officer John O'Hare admitted that there were enough facts to find him guilty of three assault and battery
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charges against him.
Two mothers filed complaints against the 19-year veteran of the force. On New Year's Eve, at least one of their sons was allegedly shooting paintballs at passing cars -- including O'Hare's personal vehicle -- on Oak Street in Centerville. O'Hare dragged the boys out of the bushes and threw them to the ground, according to police reports. Juvenile complaints were filed against at least one boy, according to court records.
One 11-year-old boy was treated for a head injury, according to an ambulance report. His twin brother complained of neck pain. The third boy, a friend who was 10 at the time, suffered a fist-shaped bruise to the chest, according to the complaints.
By admitting to sufficient facts, O'Hare was able to get the case "continued without a finding" for one year, during which time he will have to complete anger management counseling and will be on probation. If he finishes the year without incident, the charges will be dismissed.
O'Hare's attorney and police brass defended him, touting his record of service and strong community ties, and saying there was more to the case than meets the eye. But the boys' mothers had mixed reactions at the outcome.
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Commentary by Helen & Harry Highwater:
An 11-year-old was treated at the hospital for a head injury, and two other two children suffered lesser injuries. But Officer John O'Hare doesn't apologize, for "roughing up" three pre-teen boys. He doesn't admit he's guilty, just that there's sufficient evidence to find him guilty.
And that's that. And if Officer O'Hare can avoid being charged with any similar crimes over the next year, these allegations will be wiped off his record, as if it never happened. Just like his earlier alleged assault on a homeless woman -- that was wiped clean, and never happened either.
I'm not going to criticize Officer O'Hare, because he could beat me up and make that crime disappear, too.
But I will say: If you or me or anyone who's not carrying a badge did what Officer O'Hare is alleged to have done, I don't think the charges would disappear so quick 'n' easy. 'Cuz cops are often above little people's law.
Helen & Harry
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"He got a slap on the wrist. Not even -- on his fingertips," said one. "If it was you or me, we would have been arrested."
The other mother referred to a 2003 assault and battery charge against O'Hare brought by a homeless woman. In that case, O'Hare completed pretrial probation for six months and the charge was then dismissed.
"I'm undecided," she said about her son's case. "Something has been done, if you want to look at it that way. But it's kind of the same something."
J. Albert Johnson, O'Hare's Boston-based defense attorney, said the outcome was tantamount to an acquittal and quicker than a trial.
"This is not an admission of guilt in any way, shape or fashion," Johnson said. "Had there been a trial, it would have shown that Officer O'Hare's actions were entirely appropriate under the circumstances."
The boys' behavior that night was extremely dangerous, Johnson said, and 44 citizens submitted affidavits in support of O'Hare.
"I was disappointed a criminal charge was even brought forward," said Barnstable Police Chief Paul MacDonald. "I'm even more disappointed that the case did not get a full trial. I do believe that Officer O'Hare would have been acquitted of all charges."
An internal police department investigation into the incident was initiated in January, and O'Hare was assigned to desk duty.
When criminal charges were filed, the department's investigation was suspended pending the outcome of the court case. With yesterday's resolution, O'Hare remains on desk duty while Barnstable police Sgt. John Walker re-opens the internal investigation. That may take about two weeks to complete, MacDonald said.
The continuation without a finding will not affect O'Hare's permit to carry a gun, which he needs to be on the force in Barnstable, MacDonald said.
One mom said she intends to file a civil suit. "I'm not letting him get away with what he did," she said. "He ruined my life, and my kids' (lives)."
The other mother said Monday's decision compelled her to consider a civil suit more seriously. Then again, she said, "a part of me kind of wants to let it go, because it continues to be how it was -- hell on us."
One mom said her son continues to need medication to fall asleep at night. The other mother said her son is doing well, but is struggling to understand the incident.
"I think he's a little taken aback, as in, 'That's it? That's all that happens?'" she said. "I kind of said, 'Yes, unfortunately, it's a justice system that works and doesn't work. I guess it just depends on who you are.'"
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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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