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Post by WaTcHeR on May 26, 2006 14:43:49 GMT -5
05.26.2006 - A Westmoreland County jury has awarded $502,820 in damages to a woman who claimed she was maliciously prosecuted by a county deputy.
In a verdict handed down Wednesday, the jury said sheriff's Deputy Michael S. Hayden must pay Jillian Sullivan Cates $102,820 in compensatory damages and $400,000 in punitive damages.
Cates charged that Hayden and two other defendants "acted with actual malice and in bad faith with intent to harm [Cates] by having her charged, arrested, indicted and tried for misdemeanor and felony crimes which could have resulted in long terms and prison."
Cates filed her civil suit last year against Hayden, Deputy C. Merrill Jones and former Westmoreland County Commonwealth's Attorney Peggy Evans Garland. Garland and Jones were eventually dropped as defendants in the case.
The motive of the defendants, Cates alleged, was "to extract revenge against [Cates] for suing members of the Westmoreland General District Court Clerk's office and/or their sheer personal dislike of [Cates]."
According to suit papers, Cates sued General District Court Clerk Jane Branson in 2001 alleging that Branson made disparaging remarks about her to Cates' boyfriend, a Virginia state trooper.
At the time, Cates was named Belinda Breeden. She later changed her name. Her suit against Branson was settled for $5,000, court papers said.
In November 2002, Cates reported the theft of her ATV to the Sheriff's Office. But Hayden and Jones charged Cates with defrauding her insurance company and filing a false police report.
Those charges were dismissed in General District Court in July 2003, but nine days later Hayden appeared before a grand jury, which indicted Cates on a similar insurance-fraud charge.
Cates said she never filed a claim for her stolen ATV. The grand jury also indicted her for perjury in October 2003. The next month, Richard Stuart unseated Garland as commonwealth's attorney.
In March 2004, Stuart dismissed both indictments against Cates.
Cates said in her suit that the prosecutions cost her employment, income and "significant attorney's fees."
The legal actions against her, she said, caused "emotional and physical mental stress, humiliation and embarrassment" and forced her to change her name and move outside the county.
Westmoreland circuit judges recused themselves from the case, which was heard by Fairfax Circuit Judge Jonathan C. Thacher.
The trial ran Monday and Tuesday. The jury began its deliberations Wednesday morning and returned its verdict about 4 p.m., Circuit Court Clerk Gwynne J. Chatham said.
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Post by WaTcHeR on May 26, 2006 14:43:49 GMT -5
05.26.2006 - A Westmoreland County jury has awarded $502,820 in damages to a woman who claimed she was maliciously prosecuted by a county deputy.
In a verdict handed down Wednesday, the jury said sheriff's Deputy Michael S. Hayden must pay Jillian Sullivan Cates $102,820 in compensatory damages and $400,000 in punitive damages.
Cates charged that Hayden and two other defendants "acted with actual malice and in bad faith with intent to harm [Cates] by having her charged, arrested, indicted and tried for misdemeanor and felony crimes which could have resulted in long terms and prison."
Cates filed her civil suit last year against Hayden, Deputy C. Merrill Jones and former Westmoreland County Commonwealth's Attorney Peggy Evans Garland. Garland and Jones were eventually dropped as defendants in the case.
The motive of the defendants, Cates alleged, was "to extract revenge against [Cates] for suing members of the Westmoreland General District Court Clerk's office and/or their sheer personal dislike of [Cates]."
According to suit papers, Cates sued General District Court Clerk Jane Branson in 2001 alleging that Branson made disparaging remarks about her to Cates' boyfriend, a Virginia state trooper.
At the time, Cates was named Belinda Breeden. She later changed her name. Her suit against Branson was settled for $5,000, court papers said.
In November 2002, Cates reported the theft of her ATV to the Sheriff's Office. But Hayden and Jones charged Cates with defrauding her insurance company and filing a false police report.
Those charges were dismissed in General District Court in July 2003, but nine days later Hayden appeared before a grand jury, which indicted Cates on a similar insurance-fraud charge.
Cates said she never filed a claim for her stolen ATV. The grand jury also indicted her for perjury in October 2003. The next month, Richard Stuart unseated Garland as commonwealth's attorney.
In March 2004, Stuart dismissed both indictments against Cates.
Cates said in her suit that the prosecutions cost her employment, income and "significant attorney's fees."
The legal actions against her, she said, caused "emotional and physical mental stress, humiliation and embarrassment" and forced her to change her name and move outside the county.
Westmoreland circuit judges recused themselves from the case, which was heard by Fairfax Circuit Judge Jonathan C. Thacher.
The trial ran Monday and Tuesday. The jury began its deliberations Wednesday morning and returned its verdict about 4 p.m., Circuit Court Clerk Gwynne J. Chatham said.
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Post by WaTcHeR on Apr 27, 2006 13:09:59 GMT -5
04/26/2006 - OMAHA, Neb. -- Omaha police said Tuesday that a 22-year veteran officer has been charged with third-degree misdemeanor domestic assault and disturbing the peace.
Officer Robert Mjeldheim was arrested on Saturday after visible injuries were recorded on a member of Mjeldheim's household.
The officer has been suspended with pay pending an internal investigation.
Mjeldheim has been an Omaha police officer since December 1983, and an active duty soldier since May 2004. He was scheduled to return to duty with the Omaha Police Department on May 1
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Post by WaTcHeR on Apr 27, 2006 13:09:59 GMT -5
04/26/2006 - OMAHA, Neb. -- Omaha police said Tuesday that a 22-year veteran officer has been charged with third-degree misdemeanor domestic assault and disturbing the peace.
Officer Robert Mjeldheim was arrested on Saturday after visible injuries were recorded on a member of Mjeldheim's household.
The officer has been suspended with pay pending an internal investigation.
Mjeldheim has been an Omaha police officer since December 1983, and an active duty soldier since May 2004. He was scheduled to return to duty with the Omaha Police Department on May 1
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Post by WaTcHeR on Apr 27, 2006 14:09:28 GMT -5
04/26/2006 - Cornwall - A Town of Fallsburg police officer was charged with menacing yesterday after allegedly waving a pistol at a truck he'd been trying to pass.
Town of Cornwall police said another driver saw the drama unfold in front of him and dialed 911.
Police said Officer Todd Pezzementi, 34, of Stony Point, was headed east in his car on Orrs Mills Road yesterday morning when he repeatedly tried to pass a truck owned by Cornwall Coal and Supply Co. and driven by Eugene Conley Jr. of Cornwall.
A driver behind Pezzementi, Joseph Swanson of Mountainville, told police Pezzementi was trying to pass in areas where there were double yellow lines and curves, creating a potential hazard.
Police said as Conley pulled his truck to the right to make a sharp left-hand turn on Station Road, Pezzementi rode past him, waving a .40-caliber Glock pistol.
Town of Highlands police stopped Pezzementi on Route 9W a short time later.
Cornwall police Chief Russell O'Dell said Pezzementi claimed Conley waved a baseball bat at him, but police found no bat in Conley's truck or elsewhere.
Pezzementi was charged with second-degree menacing, a misdemeanor, and released on his own recognizance to appear May 3 in Town Court.
Fallsburg police Chief Angel Laboy said his department is investigating.
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Post by WaTcHeR on Apr 27, 2006 14:09:28 GMT -5
04/26/2006 - Cornwall - A Town of Fallsburg police officer was charged with menacing yesterday after allegedly waving a pistol at a truck he'd been trying to pass.
Town of Cornwall police said another driver saw the drama unfold in front of him and dialed 911.
Police said Officer Todd Pezzementi, 34, of Stony Point, was headed east in his car on Orrs Mills Road yesterday morning when he repeatedly tried to pass a truck owned by Cornwall Coal and Supply Co. and driven by Eugene Conley Jr. of Cornwall.
A driver behind Pezzementi, Joseph Swanson of Mountainville, told police Pezzementi was trying to pass in areas where there were double yellow lines and curves, creating a potential hazard.
Police said as Conley pulled his truck to the right to make a sharp left-hand turn on Station Road, Pezzementi rode past him, waving a .40-caliber Glock pistol.
Town of Highlands police stopped Pezzementi on Route 9W a short time later.
Cornwall police Chief Russell O'Dell said Pezzementi claimed Conley waved a baseball bat at him, but police found no bat in Conley's truck or elsewhere.
Pezzementi was charged with second-degree menacing, a misdemeanor, and released on his own recognizance to appear May 3 in Town Court.
Fallsburg police Chief Angel Laboy said his department is investigating.
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Post by WaTcHeR on Apr 10, 2006 9:56:57 GMT -5
04/09/2006 - A Walnut Creek police detective has been charged with holding a couple and one of their female relatives at gunpoint at a Concord roadblock last year.
Details of the case against Detective Theodore Chang are sketchy because the officer, the victims, prosecutors and a defense attorney all declined to talk about it.
District Attorney Robert Kochly issued only a brief statement about the charges.
"This is an incident that occurred while the officer was on duty, and it arose from a citizen's complaint to the police department," he said. "We take this seriously."
The District Attorney's Office has charged Chang, 34, with three felony counts of false imprisonment, enhancements of using a deadly weapon and one misdemeanor count of exhibiting a firearm. If found guilty, he could be sentenced to up to five years in prison.
He pleaded not guilty last month to the charges, which were filed in February.
The charges against Chang stem from a Dec. 17 incident involving Chang, John and Kathryn Sheehan and Joyce Clark, a relative of the couple, according to the criminal complaint.
Law enforcement sources say Chang was helping Concord police direct traffic at a roadblock when Chang got into a dispute with the three, who were occupying a car. It is unclear who was driving.
Chang drew his gun and aimed it at the driver, law enforcement sources say.
Chang is being represented by Pleasant Hill-based defense attorney Michael Rains, who often defends police officers and whose current clients include Barry Bonds.
His clients also included an officer involved in the Oakland "Riders" police corruption case and the San Francisco police officer whose parody video "Police Gone Wild" stirred controversy last year.
The Contra Costa District Attorney's Office declined a request to make redacted copies of police reports about the Chang incident available to the public.
Court records do not include any record of police arresting Chang.
Prosecutors charged him after a Walnut Creek police lieutenant submitted reports to the District Attorney's Office.
Deputy district attorney Mark Peterson, who filed the charges, did not return several calls from the Times seeking information. The prosecutor handling the case also declined to comment.
Walnut Creek Police Chief Thomas Soberanes did not return several calls over the course of a week from the Times.
The Sheehans, who were contacted last week, also would not discuss the case.
Officer Chang, who is on administrative leave, declined to comment, and his attorney did not return several calls from the Times.
Officer Chang is scheduled to appear in Superior Court Thursday in Martinez.
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Post by WaTcHeR on Apr 10, 2006 9:56:57 GMT -5
04/09/2006 - A Walnut Creek police detective has been charged with holding a couple and one of their female relatives at gunpoint at a Concord roadblock last year.
Details of the case against Detective Theodore Chang are sketchy because the officer, the victims, prosecutors and a defense attorney all declined to talk about it.
District Attorney Robert Kochly issued only a brief statement about the charges.
"This is an incident that occurred while the officer was on duty, and it arose from a citizen's complaint to the police department," he said. "We take this seriously."
The District Attorney's Office has charged Chang, 34, with three felony counts of false imprisonment, enhancements of using a deadly weapon and one misdemeanor count of exhibiting a firearm. If found guilty, he could be sentenced to up to five years in prison.
He pleaded not guilty last month to the charges, which were filed in February.
The charges against Chang stem from a Dec. 17 incident involving Chang, John and Kathryn Sheehan and Joyce Clark, a relative of the couple, according to the criminal complaint.
Law enforcement sources say Chang was helping Concord police direct traffic at a roadblock when Chang got into a dispute with the three, who were occupying a car. It is unclear who was driving.
Chang drew his gun and aimed it at the driver, law enforcement sources say.
Chang is being represented by Pleasant Hill-based defense attorney Michael Rains, who often defends police officers and whose current clients include Barry Bonds.
His clients also included an officer involved in the Oakland "Riders" police corruption case and the San Francisco police officer whose parody video "Police Gone Wild" stirred controversy last year.
The Contra Costa District Attorney's Office declined a request to make redacted copies of police reports about the Chang incident available to the public.
Court records do not include any record of police arresting Chang.
Prosecutors charged him after a Walnut Creek police lieutenant submitted reports to the District Attorney's Office.
Deputy district attorney Mark Peterson, who filed the charges, did not return several calls from the Times seeking information. The prosecutor handling the case also declined to comment.
Walnut Creek Police Chief Thomas Soberanes did not return several calls over the course of a week from the Times.
The Sheehans, who were contacted last week, also would not discuss the case.
Officer Chang, who is on administrative leave, declined to comment, and his attorney did not return several calls from the Times.
Officer Chang is scheduled to appear in Superior Court Thursday in Martinez.
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Post by WaTcHeR on Apr 8, 2006 12:50:47 GMT -5
04/08/2006 - “We have a code of conduct we have to follow,” Smith said during a Wednesday morning press conference. “We depend on people to come to us and let us know. Anyone who allows this to happen becomes a party to it and will be terminated as quickly as I can terminate them.”
Four Washington County Sheriff’s deputies have resigned since the St. George and Hurricane police departments began investigating claims of misconduct at the jail and elsewhere on March 10. No charges have been filed.
Smith said at this point he is unaware of additional officer involvement. However, until the investigation is closed, he will not make any conclusions.
“I am cautiously optimistic,” Smith said. “But I, of course, cannot be positive until the files are on my desk.”
Smith said the behavior of the four deputies who resigned is a betrayal of the law enforcement community and their actions are indefensible and unworthy of law enforcement officers.
“I do not condone or excuse their misconduct in any way,” Smith said. “Their behavior tarnishes every one of us who wears the star of the Washington County Sheriff’s Office badge.”
He said he believes the behavior has been going on for several months, but he was unaware until Feb. 27 when he received a voice message from a local substance abuse counselor who contacted him regarding a former prison inmate who said she was having a sexual relationship with a deputy.
He added from all indications all relations were consensual. However, ac-cording to policy, they were still inappropriate.
Though Smith said he is unsure of the number of victims, he said “if it was one it was too many.”
“These deputies are out of our organization and with a little luck they are out of law enforcement,” he said.
Smith said two of the deputies have worked for the department since 1998, one has been employed since 2002 and the fourth deputy has been a member of the team since 2004. Smith added one of the deputies was ranked as a sergeant and has been in law enforcement for the last 20 years.
Smith presented a document stating on 22 separate occasions since 1999 the officers have been exposed to sexual harassment and staff inmate relations training. In addition, he said, the entire department will meet next week to take a look at training procedures.
“I am determined to get to the bottom of what happened,” Smith said. “I am acting immediately to ensure that an incident like this will not happen again. There is no way the officers involved could have mistakenly thought their conduct was appropriate.”
Jim Eardley, chairman of the Washington County Commission, said the commission supports Smith.
“He has done a good job dealing with these very unfortunate events that took place,” Eardley said. “He is working to get things back to the way they should be. We are all dismayed this happened, but none of us as much as the sheriff.”
Eardley said both the Hurricane and St. George police departments were contacted because an independent and impartial investigation was needed to sort out “the root of the problems and to find any bad apples.”
“We are trying to stay in touch with the employees and from all indications morale is good,” Eardley said. “This group was the minority and at this point we believe we have identified the individuals who were involved and we are taking care of it.” Smith said though two additional law enforcement agencies are now handling the investigations, he is still “angered, disappointed and offended” by what has happened.
“This is my career and what I hold dear to my heart,” he said. “Our community deserves better. This is totally unacceptable and will not be tolerated.”
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Post by WaTcHeR on Apr 8, 2006 12:50:47 GMT -5
04/08/2006 - “We have a code of conduct we have to follow,” Smith said during a Wednesday morning press conference. “We depend on people to come to us and let us know. Anyone who allows this to happen becomes a party to it and will be terminated as quickly as I can terminate them.”
Four Washington County Sheriff’s deputies have resigned since the St. George and Hurricane police departments began investigating claims of misconduct at the jail and elsewhere on March 10. No charges have been filed.
Smith said at this point he is unaware of additional officer involvement. However, until the investigation is closed, he will not make any conclusions.
“I am cautiously optimistic,” Smith said. “But I, of course, cannot be positive until the files are on my desk.”
Smith said the behavior of the four deputies who resigned is a betrayal of the law enforcement community and their actions are indefensible and unworthy of law enforcement officers.
“I do not condone or excuse their misconduct in any way,” Smith said. “Their behavior tarnishes every one of us who wears the star of the Washington County Sheriff’s Office badge.”
He said he believes the behavior has been going on for several months, but he was unaware until Feb. 27 when he received a voice message from a local substance abuse counselor who contacted him regarding a former prison inmate who said she was having a sexual relationship with a deputy.
He added from all indications all relations were consensual. However, ac-cording to policy, they were still inappropriate.
Though Smith said he is unsure of the number of victims, he said “if it was one it was too many.”
“These deputies are out of our organization and with a little luck they are out of law enforcement,” he said.
Smith said two of the deputies have worked for the department since 1998, one has been employed since 2002 and the fourth deputy has been a member of the team since 2004. Smith added one of the deputies was ranked as a sergeant and has been in law enforcement for the last 20 years.
Smith presented a document stating on 22 separate occasions since 1999 the officers have been exposed to sexual harassment and staff inmate relations training. In addition, he said, the entire department will meet next week to take a look at training procedures.
“I am determined to get to the bottom of what happened,” Smith said. “I am acting immediately to ensure that an incident like this will not happen again. There is no way the officers involved could have mistakenly thought their conduct was appropriate.”
Jim Eardley, chairman of the Washington County Commission, said the commission supports Smith.
“He has done a good job dealing with these very unfortunate events that took place,” Eardley said. “He is working to get things back to the way they should be. We are all dismayed this happened, but none of us as much as the sheriff.”
Eardley said both the Hurricane and St. George police departments were contacted because an independent and impartial investigation was needed to sort out “the root of the problems and to find any bad apples.”
“We are trying to stay in touch with the employees and from all indications morale is good,” Eardley said. “This group was the minority and at this point we believe we have identified the individuals who were involved and we are taking care of it.” Smith said though two additional law enforcement agencies are now handling the investigations, he is still “angered, disappointed and offended” by what has happened.
“This is my career and what I hold dear to my heart,” he said. “Our community deserves better. This is totally unacceptable and will not be tolerated.”
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Post by WaTcHeR on Apr 11, 2006 13:20:02 GMT -5
04/11/2006 - Three Westminster officers charged with using excessive force will stand trial rather than be allowed to accept a plea deal that an Adams County district judge said was too soft. Chief Judge Harlan Bockman rejected the agreement, calling it "a travesty" because it would allow the officers to return to their jobs. On Monday he ordered a five-day jury trial to begin Sept. 11.
The lawyer for the alleged victim said Monday that he would ask the judge to remove the Adams County district attorney's office from the case because it had shown it was not serious about prosecuting.
The district attorney's office defended the plea deal as reasonable, considering the officers' lack of criminal records and the circumstances of the case.
Westminster officers Mark Toth, Jason Poppenger and Norman Haubert were charged with third-degree assault, first-degree official misconduct and making false reports after an Adams County grand jury reviewed their case.
A fourth officer, Chris Pyler, was charged with the lesser of those three misdemeanor charges - first- degree official misconduct and making a false report.
The charges stemmed from the officers' Aug. 27 high-speed chase of Scott Danielson, who allegedly hit another car in Broomfield before leading officers on a chase through Westminster and into Federal Heights.
Officers arrested Danielson after deploying stop sticks and used force to bring him into custody. Two Federal Heights officers who responded to the scene reported the Westminster officers, saying they used excessive force.
Toth was fired.
Poppenger and Haubert were disciplined and given desk jobs, pending the outcome of their criminal cases.
A grand jury recommended charges for the officers in November.
On Friday, prosecutor Tom Quammen and defense attorney Nathan Chambers presented a plea deal, which they had agreed upon, to Judge Bockman, who promptly rejected it.
"This is a total travesty," Bockman said Friday, adding that he had read the grand jury transcript and would not accept a deal that allowed the officers back on the streets.
By allowing the officers to plead guilty to slightly lesser charges, they still could have been sent to jail for up to a year and fined up to $1,000. However, the deal would have let them keep their state police officer certifications, and Westminster likely would have put them back on duty, state and city officials said Monday.
If convicted of third-degree assault, the officers face up to two years in jail, a fine of up to $5,000 and a guaranteed revocation of their peace officer certification, county and state officials said.
Danielson's attorney, David Lane, said Monday that the prosecution's offer shows that the district attorney's office is not interested in bringing the officers to justice.
"Today, I'm going to be mailing off to Adams County District Court a motion filed by the victim, Scott Danielson, for a special prosecutor, on the grounds that obviously the prosecutors that are on the case are going to roll over at trial based on the deal that they offered these cops that so outraged the judge that he wouldn't accept the deal," Lane said.
Prosecutors took the charges very seriously, said Michael Goodbee, assistant district attorney.
"We stand by our initial, difficult decision to have a grand jury review this. And we stand by the difficult decision to extend a reasonable offer in the case," he said.
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Post by WaTcHeR on Apr 11, 2006 13:20:02 GMT -5
04/11/2006 - Three Westminster officers charged with using excessive force will stand trial rather than be allowed to accept a plea deal that an Adams County district judge said was too soft. Chief Judge Harlan Bockman rejected the agreement, calling it "a travesty" because it would allow the officers to return to their jobs. On Monday he ordered a five-day jury trial to begin Sept. 11.
The lawyer for the alleged victim said Monday that he would ask the judge to remove the Adams County district attorney's office from the case because it had shown it was not serious about prosecuting.
The district attorney's office defended the plea deal as reasonable, considering the officers' lack of criminal records and the circumstances of the case.
Westminster officers Mark Toth, Jason Poppenger and Norman Haubert were charged with third-degree assault, first-degree official misconduct and making false reports after an Adams County grand jury reviewed their case.
A fourth officer, Chris Pyler, was charged with the lesser of those three misdemeanor charges - first- degree official misconduct and making a false report.
The charges stemmed from the officers' Aug. 27 high-speed chase of Scott Danielson, who allegedly hit another car in Broomfield before leading officers on a chase through Westminster and into Federal Heights.
Officers arrested Danielson after deploying stop sticks and used force to bring him into custody. Two Federal Heights officers who responded to the scene reported the Westminster officers, saying they used excessive force.
Toth was fired.
Poppenger and Haubert were disciplined and given desk jobs, pending the outcome of their criminal cases.
A grand jury recommended charges for the officers in November.
On Friday, prosecutor Tom Quammen and defense attorney Nathan Chambers presented a plea deal, which they had agreed upon, to Judge Bockman, who promptly rejected it.
"This is a total travesty," Bockman said Friday, adding that he had read the grand jury transcript and would not accept a deal that allowed the officers back on the streets.
By allowing the officers to plead guilty to slightly lesser charges, they still could have been sent to jail for up to a year and fined up to $1,000. However, the deal would have let them keep their state police officer certifications, and Westminster likely would have put them back on duty, state and city officials said Monday.
If convicted of third-degree assault, the officers face up to two years in jail, a fine of up to $5,000 and a guaranteed revocation of their peace officer certification, county and state officials said.
Danielson's attorney, David Lane, said Monday that the prosecution's offer shows that the district attorney's office is not interested in bringing the officers to justice.
"Today, I'm going to be mailing off to Adams County District Court a motion filed by the victim, Scott Danielson, for a special prosecutor, on the grounds that obviously the prosecutors that are on the case are going to roll over at trial based on the deal that they offered these cops that so outraged the judge that he wouldn't accept the deal," Lane said.
Prosecutors took the charges very seriously, said Michael Goodbee, assistant district attorney.
"We stand by our initial, difficult decision to have a grand jury review this. And we stand by the difficult decision to extend a reasonable offer in the case," he said.
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Post by WaTcHeR on Apr 11, 2006 13:15:41 GMT -5
04/11/2006 - An administrative investigation targeting as many as 50 Honolulu police officers is planned in the wake of a two-year federal corruption probe that resulted in indictments against five officers last week.
The Honolulu Police Department investigation will be based on evidence gathered by FBI agents who used wiretaps in their probe of illegal cockfights and gambling operations.
The HPD probe is not criminal in nature, and the evidence could not be used in a criminal case, according to the department. The evidence could be used, however to mete out administrative punishments ranging from verbal reprimands to firings.
Administrative investigations at HPD focus on whether an officer has violated department policies, procedures, or standards of conduct.
"Every officer that was associated with activities related to this federal case will be investigated administratively if their names have come up (and they were not indicted). We won't know (exactly) how many internal administrative investigations will be initiated until we get the information from the FBI," Chief Boisse Correa said through a spokesman yesterday.
Correa discussed the internal probe and federal indictments with the department's command staff Friday morning, according to Capt. Frank Fujii. The chief plans to discuss the indictments and administrative investigation in a videotape message to be distributed throughout the department, he said.
Fujii said the entire staff of the administrative section of HPD's Internal Affairs division will deal with the massive internal probe. The team will focus solely on this investigation, and officers outside Internal Affairs are being asked to fill in on the team's other administrative cases, Fujii said.
"We will leave no stone unturned," he said. "It's all about public trust and it's just about doing the right thing."
On Friday, Correa apologized to O'ahu residents after three officers were indicted by a federal grand jury for allegedly tipping off leaders of a North Shore cockfighting ring to HPD raids. A fourth officer was indicted for possessing an illegal firearm and a fifth officer for hiding evidence of cockfighting.
The criminal charges represent what is believed to be the most widespread allegations of misconduct by the largest number of Honolulu police officers in years. The federal probe began in 2003 over allegations that officers were helping set up, run and protect illegal cockfights.
"We may look at what caused a lot of this, what's the core, and go after different individuals and different processes administratively," Correa said at the news conference. "That should mushroom into more and more officers."
Four indicted officers are on paid administrative leave, according to the State of Hawai'i Organization of Police Officers, and a grievance has been filed on their behalf. The fifth retired before the indictments.
The police officers' union said yesterday that the internal investigation was expected.
"I think the department has a responsibility to investigate and we can concur with that providing these investigations are done in a fair and impartial manner and not simpy to justify a federal request," said Detective Alex Garcia, O'ahu chapter chairman for the State of Hawai'i Organization of Police Officers. "We need to assure the public the department is clean and that's the responsibility of the department. If the officer is named (in the federal investigation) but not involved he should be cleared, but there shouldn't be any cloud over officers because their name was heard in a (wiretapped) conversation."
Because of the federal indictments, Correa said, changes will be made to the department policies.
A "quality assurance team" within Internal Affairs will be established to seek out problem areas and employees, particularly those involved with covert police work. Policies regarding rotations, transfers and promotions will be revised.
Correa became chief in August 2004, roughly five months after the federal probe began.
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Post by WaTcHeR on Apr 11, 2006 13:15:41 GMT -5
04/11/2006 - An administrative investigation targeting as many as 50 Honolulu police officers is planned in the wake of a two-year federal corruption probe that resulted in indictments against five officers last week.
The Honolulu Police Department investigation will be based on evidence gathered by FBI agents who used wiretaps in their probe of illegal cockfights and gambling operations.
The HPD probe is not criminal in nature, and the evidence could not be used in a criminal case, according to the department. The evidence could be used, however to mete out administrative punishments ranging from verbal reprimands to firings.
Administrative investigations at HPD focus on whether an officer has violated department policies, procedures, or standards of conduct.
"Every officer that was associated with activities related to this federal case will be investigated administratively if their names have come up (and they were not indicted). We won't know (exactly) how many internal administrative investigations will be initiated until we get the information from the FBI," Chief Boisse Correa said through a spokesman yesterday.
Correa discussed the internal probe and federal indictments with the department's command staff Friday morning, according to Capt. Frank Fujii. The chief plans to discuss the indictments and administrative investigation in a videotape message to be distributed throughout the department, he said.
Fujii said the entire staff of the administrative section of HPD's Internal Affairs division will deal with the massive internal probe. The team will focus solely on this investigation, and officers outside Internal Affairs are being asked to fill in on the team's other administrative cases, Fujii said.
"We will leave no stone unturned," he said. "It's all about public trust and it's just about doing the right thing."
On Friday, Correa apologized to O'ahu residents after three officers were indicted by a federal grand jury for allegedly tipping off leaders of a North Shore cockfighting ring to HPD raids. A fourth officer was indicted for possessing an illegal firearm and a fifth officer for hiding evidence of cockfighting.
The criminal charges represent what is believed to be the most widespread allegations of misconduct by the largest number of Honolulu police officers in years. The federal probe began in 2003 over allegations that officers were helping set up, run and protect illegal cockfights.
"We may look at what caused a lot of this, what's the core, and go after different individuals and different processes administratively," Correa said at the news conference. "That should mushroom into more and more officers."
Four indicted officers are on paid administrative leave, according to the State of Hawai'i Organization of Police Officers, and a grievance has been filed on their behalf. The fifth retired before the indictments.
The police officers' union said yesterday that the internal investigation was expected.
"I think the department has a responsibility to investigate and we can concur with that providing these investigations are done in a fair and impartial manner and not simpy to justify a federal request," said Detective Alex Garcia, O'ahu chapter chairman for the State of Hawai'i Organization of Police Officers. "We need to assure the public the department is clean and that's the responsibility of the department. If the officer is named (in the federal investigation) but not involved he should be cleared, but there shouldn't be any cloud over officers because their name was heard in a (wiretapped) conversation."
Because of the federal indictments, Correa said, changes will be made to the department policies.
A "quality assurance team" within Internal Affairs will be established to seek out problem areas and employees, particularly those involved with covert police work. Policies regarding rotations, transfers and promotions will be revised.
Correa became chief in August 2004, roughly five months after the federal probe began.
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Post by WaTcHeR on Apr 13, 2006 8:12:47 GMT -5
04/12/2006 - SARASOTA -- Weeks after she witnessed a police officer punching a homeless man, a bank manager has come forward to contradict the police department's account of several details of the scuffle.
Sharon Riehemann said she ran across the bank's parking lot last month yelling for an officer to stop punching the homeless man, Chynyquy Calixte, who has a savings account at the RBC Centura Bank where she works.
The bank had been robbed several hours earlier.
A police department spokesman said that it was Riehemann who pointed Calixte out to officers as a possible suspect, which sparked his confrontation with police.
Riehemann said she knows Calixte and never suggested that he was a suspect -- one of several inconsistencies between what she says she saw and what police say happened.
Police spokesman Jay Frank said that the department cannot discuss the case because it is being investigated by internal affairs. But he stands by statements he made to the media.
"That was the information given to me by the sergeant that was there with her," Frank said.
Riehemann was not mentioned in the officers' report on the incident.
The robbery happened on March 24 about noon when a man walked into the bank with a note demanding money. Police searched but did not find the robber.
Riehemann said a man who owns a dry cleaning business a few doors down from the bank called her about 3 p.m., saying that he saw someone near the Publix on Bay Road matching the robber's description.
The dry cleaning business owner then called the police, she said.
Calixte was inside the bank at the time making a withdrawal, Riehemann said. She said she went outside to make sure the dry cleaner didn't mistake Calixte as the robber.
Riehemann said she knows Calixte well. He doesn't like to be around big groups of people, so he usually parks his bicycle outside and waits until the bank lobby is empty before entering, she said.
Calixte, 48, is schizophrenic, according to public defenders who have represented him in the past. He does not speak, and police have arrested him for resisting arrest without violence a half dozen times in the past.
Calixte has never caused a problem at the bank, Riehemann said. He just fills out deposit and withdrawl slips and hands them to the cashier.
"We call him C.C. because we can't pronounce his name," she said.
Sgt. Bob Gorevan was the first to arrive and asked the asked the dry cleaner about the suspect.
Calixte, who parks his bike in the alley behind the bank, was leaving when another officer, Alan Devaney, pulled up in his patrol car.
"I could not hear anything that was said, but there was no time," Riehemann said. "There were literally seconds from the time he pulled in, opened his door and tackled him. He didn't have a conversation with him. There was barely enough time for him to say, 'Hey, how you doing?' "
According to police reports, Devaney yelled repeatedly at Calixte, telling him to stop and get on the ground.
Devaney wrote in his report that Calixte refused, so he shot him with his Taser stun gun, which didn't work. Then Sgt. Gorevan stunned Calixte with his Taser stun gun. Devaney said Calixte fought the entire time and kept reaching near his waistband.
Riehemann said she ran to the officers, telling them to stop because they had the wrong guy.
"When I get there, C.C. is on his stomach handcuffed and (Devaney) still got one more punch in on him," Riehemann said.
Another person who witnessed the scuffle has also said officers attacked Calixte without provocation. Richard Sedlack, who works at the Yuppie Puppie dog grooming business, saw the incident through a window in front of the store.
Calixte was charged with resisting arrest and carrying a concealed weapon, after officers found an 8-inch steak knife in his belongings.
The day after his arrest, a judge ruled that there was no probable cause for the concealed weapon charge.
Prosecutors have not decided whether to press charges against Calixte.
After his arrest, Riehemann said, bank employees sent Calixte a card.
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Post by WaTcHeR on Apr 13, 2006 8:12:47 GMT -5
04/12/2006 - SARASOTA -- Weeks after she witnessed a police officer punching a homeless man, a bank manager has come forward to contradict the police department's account of several details of the scuffle.
Sharon Riehemann said she ran across the bank's parking lot last month yelling for an officer to stop punching the homeless man, Chynyquy Calixte, who has a savings account at the RBC Centura Bank where she works.
The bank had been robbed several hours earlier.
A police department spokesman said that it was Riehemann who pointed Calixte out to officers as a possible suspect, which sparked his confrontation with police.
Riehemann said she knows Calixte and never suggested that he was a suspect -- one of several inconsistencies between what she says she saw and what police say happened.
Police spokesman Jay Frank said that the department cannot discuss the case because it is being investigated by internal affairs. But he stands by statements he made to the media.
"That was the information given to me by the sergeant that was there with her," Frank said.
Riehemann was not mentioned in the officers' report on the incident.
The robbery happened on March 24 about noon when a man walked into the bank with a note demanding money. Police searched but did not find the robber.
Riehemann said a man who owns a dry cleaning business a few doors down from the bank called her about 3 p.m., saying that he saw someone near the Publix on Bay Road matching the robber's description.
The dry cleaning business owner then called the police, she said.
Calixte was inside the bank at the time making a withdrawal, Riehemann said. She said she went outside to make sure the dry cleaner didn't mistake Calixte as the robber.
Riehemann said she knows Calixte well. He doesn't like to be around big groups of people, so he usually parks his bicycle outside and waits until the bank lobby is empty before entering, she said.
Calixte, 48, is schizophrenic, according to public defenders who have represented him in the past. He does not speak, and police have arrested him for resisting arrest without violence a half dozen times in the past.
Calixte has never caused a problem at the bank, Riehemann said. He just fills out deposit and withdrawl slips and hands them to the cashier.
"We call him C.C. because we can't pronounce his name," she said.
Sgt. Bob Gorevan was the first to arrive and asked the asked the dry cleaner about the suspect.
Calixte, who parks his bike in the alley behind the bank, was leaving when another officer, Alan Devaney, pulled up in his patrol car.
"I could not hear anything that was said, but there was no time," Riehemann said. "There were literally seconds from the time he pulled in, opened his door and tackled him. He didn't have a conversation with him. There was barely enough time for him to say, 'Hey, how you doing?' "
According to police reports, Devaney yelled repeatedly at Calixte, telling him to stop and get on the ground.
Devaney wrote in his report that Calixte refused, so he shot him with his Taser stun gun, which didn't work. Then Sgt. Gorevan stunned Calixte with his Taser stun gun. Devaney said Calixte fought the entire time and kept reaching near his waistband.
Riehemann said she ran to the officers, telling them to stop because they had the wrong guy.
"When I get there, C.C. is on his stomach handcuffed and (Devaney) still got one more punch in on him," Riehemann said.
Another person who witnessed the scuffle has also said officers attacked Calixte without provocation. Richard Sedlack, who works at the Yuppie Puppie dog grooming business, saw the incident through a window in front of the store.
Calixte was charged with resisting arrest and carrying a concealed weapon, after officers found an 8-inch steak knife in his belongings.
The day after his arrest, a judge ruled that there was no probable cause for the concealed weapon charge.
Prosecutors have not decided whether to press charges against Calixte.
After his arrest, Riehemann said, bank employees sent Calixte a card.
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Post by WaTcHeR on Apr 11, 2006 13:26:16 GMT -5
04/11/2006 - On Staten Island this morning, a retired New York City police officer is under arrest. Investigators say he killed a retired Port Authority officer in a case of road rage.
Eyewitness News reporter Lisa Colagrossi is live in the Heartland Village section of Staten Island with the latest.
Retired police officer Allen Lau is under psychiatric evaluation at Staten Island University North this morning after holding police at bay for hours while barricaded in his house in New Springville.
Investigators say it all began when Lau shot to death a retired Port Authority police officer after a road rage incident yesterday evening.
Retired NYPD police officer Allen Lau, is the man police say gunned down retired Port Authority police officer Steve Vitale..
Police say 55-year-old Vitale was driving in his SUV with his wife to pick up Chinese food at a restaurant on Richmond Hill Road.
Lau, apparently upset Vitale was driving too slow, tailgated the couple to the restaurant and shot at them as they got out of their vehicle.
"So when we went down there we saw a guy laying down on the floor ... tried to give him CPR and put some jackets on him. That was it," the eyewitness said.
Vitale, who once headed the Port Authority police K9 unit, was struck four times. Another bullet hit the family dog that was in the car.
Lau fled the scene but police quickly tracked him to his home.
The 46-year-old barricaded himself inside for almost eight hours, forcing the evacuation of his neighbor's homes. After a nearly eight hour stand-off police were able to talk the divorced father of two out of his home.
Steve Vitale's wife was not injured in the shooting and the couple's dog was treated at a nearby vet clinic.
Lau, who retired from Manhattan's 17th precinct in February of last year, faces murder charges.
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Post by WaTcHeR on Apr 11, 2006 13:26:16 GMT -5
04/11/2006 - On Staten Island this morning, a retired New York City police officer is under arrest. Investigators say he killed a retired Port Authority officer in a case of road rage.
Eyewitness News reporter Lisa Colagrossi is live in the Heartland Village section of Staten Island with the latest.
Retired police officer Allen Lau is under psychiatric evaluation at Staten Island University North this morning after holding police at bay for hours while barricaded in his house in New Springville.
Investigators say it all began when Lau shot to death a retired Port Authority police officer after a road rage incident yesterday evening.
Retired NYPD police officer Allen Lau, is the man police say gunned down retired Port Authority police officer Steve Vitale..
Police say 55-year-old Vitale was driving in his SUV with his wife to pick up Chinese food at a restaurant on Richmond Hill Road.
Lau, apparently upset Vitale was driving too slow, tailgated the couple to the restaurant and shot at them as they got out of their vehicle.
"So when we went down there we saw a guy laying down on the floor ... tried to give him CPR and put some jackets on him. That was it," the eyewitness said.
Vitale, who once headed the Port Authority police K9 unit, was struck four times. Another bullet hit the family dog that was in the car.
Lau fled the scene but police quickly tracked him to his home.
The 46-year-old barricaded himself inside for almost eight hours, forcing the evacuation of his neighbor's homes. After a nearly eight hour stand-off police were able to talk the divorced father of two out of his home.
Steve Vitale's wife was not injured in the shooting and the couple's dog was treated at a nearby vet clinic.
Lau, who retired from Manhattan's 17th precinct in February of last year, faces murder charges.
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Post by WaTcHeR on Apr 15, 2006 11:02:00 GMT -5
04/14/2006 - LUMBERTON, N.C. -- A former Robeson County sheriff's deputy this week became the second law officer to be arrested on kidnapping and robbery charges.
Patrick Ferguson, 34, surrendered to agents with the State Bureau of Investigation and was charged Wednesday with two counts of robbery with a dangerous weapon and two counts of kidnapping, according to an arrest report.
Ferguson was jailed with bail set at $20,000.
Five other men have already been arrested in the case, including former detective Vincent Sinclair, who was indicted by a grand jury last year on two counts each of second-degree kidnapping and robbery with a dangerous weapon.
Sinclair is accused of using sheriff's office equipment and vehicles during a staged drug raid in Maxton on May 14, 2004. Authorities say the other men posed as police officers and held several people at gunpoint while the home was robbed.
The men kidnapped and beat Darius Bain before releasing him after a $150,000 ransom was paid, according to investigators.
Investigators say Ferguson, Sinclair, and the others had previously kidnapped two Virginia Beach men.
Others charged in the case are David Troy, 33, of St. Pauls; James Allen Black Jr., 33, of Red Springs; Carl Patrick Locklear, 30, of Maxton; and Michael Oxendine, 45, of Pembroke.
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Post by WaTcHeR on Apr 15, 2006 11:02:00 GMT -5
04/14/2006 - LUMBERTON, N.C. -- A former Robeson County sheriff's deputy this week became the second law officer to be arrested on kidnapping and robbery charges.
Patrick Ferguson, 34, surrendered to agents with the State Bureau of Investigation and was charged Wednesday with two counts of robbery with a dangerous weapon and two counts of kidnapping, according to an arrest report.
Ferguson was jailed with bail set at $20,000.
Five other men have already been arrested in the case, including former detective Vincent Sinclair, who was indicted by a grand jury last year on two counts each of second-degree kidnapping and robbery with a dangerous weapon.
Sinclair is accused of using sheriff's office equipment and vehicles during a staged drug raid in Maxton on May 14, 2004. Authorities say the other men posed as police officers and held several people at gunpoint while the home was robbed.
The men kidnapped and beat Darius Bain before releasing him after a $150,000 ransom was paid, according to investigators.
Investigators say Ferguson, Sinclair, and the others had previously kidnapped two Virginia Beach men.
Others charged in the case are David Troy, 33, of St. Pauls; James Allen Black Jr., 33, of Red Springs; Carl Patrick Locklear, 30, of Maxton; and Michael Oxendine, 45, of Pembroke.
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