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Post by WaTcHeR on Apr 18, 2006 12:55:23 GMT -5
04/18/2006 - PEARL, Miss. -- Two Pearl police officers have resigned following an investigation into allegations of prisoner abuse.
The allegations stem from the arrest of Daniel Barber, 18, during a traffic stop on Feb. 12.
Pearl Police Chief Bill Slade confirmed that officer Jason Ball and another unidentified officer have left the department over the incident.
Back in February, Darrell Smith said he saw Ball bump his head on a police car bumper while trying to subdue and arrest Barber during a traffic stop.
But Smith had a problem with what Ball did after Barber was in custody.
“Two police was on him and the officer that cut himself, came from the back of the car and started kicking him. He kicked him about 10 times in the head … just stomped him,” said Smith.
“We received a complaint, investigated it, done our investigation involving the matter and as a result the two officers are no longer here … they resigned,” said Slade.
Slade said while the two officers have left the department and currently face no charges for their conduct, Barber faces seven charges including marijuana possession, resisting arrest and assault on two officers.
Slade said he wants the public to know that his department has high standards regarding conduct.
“We have good officers. We have standards … we want our officers to do. We don't want them abused by the public. We don't want them abused by someone they're trying to arrest. At the same time we have a job to do and each situation is different, but we want our officers to conduct themselves in a professional manner. That's what we expect, that's what the taxpayers demand,” said Slade.
Barber is currently free on bond. His court date is scheduled May 4. Neither Barber nor his attorney could be reached for comment on Monday.
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Post by WaTcHeR on Apr 18, 2006 12:55:23 GMT -5
04/18/2006 - PEARL, Miss. -- Two Pearl police officers have resigned following an investigation into allegations of prisoner abuse.
The allegations stem from the arrest of Daniel Barber, 18, during a traffic stop on Feb. 12.
Pearl Police Chief Bill Slade confirmed that officer Jason Ball and another unidentified officer have left the department over the incident.
Back in February, Darrell Smith said he saw Ball bump his head on a police car bumper while trying to subdue and arrest Barber during a traffic stop.
But Smith had a problem with what Ball did after Barber was in custody.
“Two police was on him and the officer that cut himself, came from the back of the car and started kicking him. He kicked him about 10 times in the head … just stomped him,” said Smith.
“We received a complaint, investigated it, done our investigation involving the matter and as a result the two officers are no longer here … they resigned,” said Slade.
Slade said while the two officers have left the department and currently face no charges for their conduct, Barber faces seven charges including marijuana possession, resisting arrest and assault on two officers.
Slade said he wants the public to know that his department has high standards regarding conduct.
“We have good officers. We have standards … we want our officers to do. We don't want them abused by the public. We don't want them abused by someone they're trying to arrest. At the same time we have a job to do and each situation is different, but we want our officers to conduct themselves in a professional manner. That's what we expect, that's what the taxpayers demand,” said Slade.
Barber is currently free on bond. His court date is scheduled May 4. Neither Barber nor his attorney could be reached for comment on Monday.
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Post by WaTcHeR on Apr 19, 2006 9:35:48 GMT -5
Officer Brian Christopher Dublin 04/19/2006 - A Forsyth County Sheriff's deputy is on paid administrative leave after his arrest over the weekend for reportedly pointing a gun at another motorist in an apparent fit of road rage, authorities said Tuesday. Brian Christopher Dublin, 23, of Gainesville was charged Saturday with two counts of pointing a gun at another, Gainesville Police Lt. Chad White said. Forsyth County Sheriff Ted Paxton said the first-year deputy was not on duty at the time of the incident and the gun he reportedly pointed is believed to be his department-issued weapon. "We're still trying to get to the bottom of this," Paxton said. "We're in fact-finding mode right now, so we had to get (Dublin) off the street." Dublin posted $2,000 bond and was released from the Hall County Detention Center about 5 p.m. Saturday, jail records show. White said the incident happened about 2 p.m. after a car pulled out in front of Dublin on Dawsonville Highway (Ga. 53) near McEver Corners shopping center. A confrontation followed in a nearby parking lot, where the off-duty deputy reportedly pointed a handgun at two people in the other vehicle, White said. No shots were fired. Paxton said he had not spoken with Dublin, but that the deputy would remain on paid administrative leave pending an internal affairs investigation that could take about a week. Dublin posted bond prior to his first court appearance hearing and will not have a preliminary hearing, officials with Hall County Magistrate Court said. The case will be sent to State Court, where no date has been set. The driver of the other vehicle, who did not want his name used, said Tuesday that he had pulled in front of Dublin and nearly caused a wreck on Dawsonville Highway. He said Dublin swerved to avoid his vehicle and then began "screaming and cussing" at him and his wife. The off-duty deputy pulled in front of their vehicle, he said, slamming on the brakes twice before stopping at a convenience store. The man said he pulled in behind Dublin at the store "to tell him to relax." Dublin, who he said was not wearing a shirt and had a small child in his vehicle, then pointed a pistol at the couple as they came alongside. The driver said he drove off after seeing the gun and called 911. He then turned around and followed Dublin to Caswyck Lanier Club off Dawsonville Highway. Police arrived minutes later at the apartment complex and began searching for Dublin. They found the deputy and the man was able to identify the weapon.
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Post by WaTcHeR on Apr 19, 2006 9:35:48 GMT -5
Officer Brian Christopher Dublin 04/19/2006 - A Forsyth County Sheriff's deputy is on paid administrative leave after his arrest over the weekend for reportedly pointing a gun at another motorist in an apparent fit of road rage, authorities said Tuesday. Brian Christopher Dublin, 23, of Gainesville was charged Saturday with two counts of pointing a gun at another, Gainesville Police Lt. Chad White said. Forsyth County Sheriff Ted Paxton said the first-year deputy was not on duty at the time of the incident and the gun he reportedly pointed is believed to be his department-issued weapon. "We're still trying to get to the bottom of this," Paxton said. "We're in fact-finding mode right now, so we had to get (Dublin) off the street." Dublin posted $2,000 bond and was released from the Hall County Detention Center about 5 p.m. Saturday, jail records show. White said the incident happened about 2 p.m. after a car pulled out in front of Dublin on Dawsonville Highway (Ga. 53) near McEver Corners shopping center. A confrontation followed in a nearby parking lot, where the off-duty deputy reportedly pointed a handgun at two people in the other vehicle, White said. No shots were fired. Paxton said he had not spoken with Dublin, but that the deputy would remain on paid administrative leave pending an internal affairs investigation that could take about a week. Dublin posted bond prior to his first court appearance hearing and will not have a preliminary hearing, officials with Hall County Magistrate Court said. The case will be sent to State Court, where no date has been set. The driver of the other vehicle, who did not want his name used, said Tuesday that he had pulled in front of Dublin and nearly caused a wreck on Dawsonville Highway. He said Dublin swerved to avoid his vehicle and then began "screaming and cussing" at him and his wife. The off-duty deputy pulled in front of their vehicle, he said, slamming on the brakes twice before stopping at a convenience store. The man said he pulled in behind Dublin at the store "to tell him to relax." Dublin, who he said was not wearing a shirt and had a small child in his vehicle, then pointed a pistol at the couple as they came alongside. The driver said he drove off after seeing the gun and called 911. He then turned around and followed Dublin to Caswyck Lanier Club off Dawsonville Highway. Police arrived minutes later at the apartment complex and began searching for Dublin. They found the deputy and the man was able to identify the weapon.
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Post by WaTcHeR on Apr 27, 2006 14:05:11 GMT -5
04/26/2006 - A former Allegheny County sheriff’s deputy charged with lying to a federal grand jury will plead guilty Wednesday to a reduced charge, his lawyer said today. Former Lt. Cmdr. Richard A. Stewart Jr.’s decision caps months of negotiations with federal prosecutors, making him the third deputy to plead guilty or be convicted during a grand jury investigation into campaign finances abuses and other misconduct in the office of Sheriff Pete DeFazio.
“This was the result of a lot of work on both sides,” said Stewart’s attorney, Joseph K. Williams III.
Stewart, 58, of Penn Hills, was indicted last year on four felony charges of lying to the grand jury.
Stewart will plead guilty to one misdemeanor charge, said his lawyer, who declined to comment on whether any deal was struck on what punishment Stewart will receive, or if Stewart will cooperate with prosecutors.
Former Capt. Frank Schiralli, 53, of McKees Rocks, was convicted in September of lying to the grand jury and is serving a 26-month sentence in a federal prison in North Carolina. Former Chief Deputy Sheriff Dennis Skosnik, 54, of North Fayette, pleaded guilty in March to five counts of wire fraud, mail fraud, bribery, money laundering and witness tampering. He is awaiting sentencing in June.
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Post by WaTcHeR on Apr 27, 2006 14:05:11 GMT -5
04/26/2006 - A former Allegheny County sheriff’s deputy charged with lying to a federal grand jury will plead guilty Wednesday to a reduced charge, his lawyer said today. Former Lt. Cmdr. Richard A. Stewart Jr.’s decision caps months of negotiations with federal prosecutors, making him the third deputy to plead guilty or be convicted during a grand jury investigation into campaign finances abuses and other misconduct in the office of Sheriff Pete DeFazio.
“This was the result of a lot of work on both sides,” said Stewart’s attorney, Joseph K. Williams III.
Stewart, 58, of Penn Hills, was indicted last year on four felony charges of lying to the grand jury.
Stewart will plead guilty to one misdemeanor charge, said his lawyer, who declined to comment on whether any deal was struck on what punishment Stewart will receive, or if Stewart will cooperate with prosecutors.
Former Capt. Frank Schiralli, 53, of McKees Rocks, was convicted in September of lying to the grand jury and is serving a 26-month sentence in a federal prison in North Carolina. Former Chief Deputy Sheriff Dennis Skosnik, 54, of North Fayette, pleaded guilty in March to five counts of wire fraud, mail fraud, bribery, money laundering and witness tampering. He is awaiting sentencing in June.
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Post by WaTcHeR on Apr 18, 2006 9:20:43 GMT -5
04/18/2006 - BAKERSFIELD - The second of five detention deputies charged in the beating death of an inmate in December of 2005 took a plea bargain in a Bakersfield Superior Court Monday.
Kern County Sheriff Detention Deputy Angel Bravo, plead guilty during a pre-preliminary hearing in court.
Bravo was being charged with a misdemeanor charge of a assault under the color of authority.
Deputy Bravo agreed to a plea bargain with prosecutors in exchange for probation, District Attorney Ed Jagels said.
“We have now with this plea, removed the two defendants who were only peripherally involved, allowing us to concentrate all of our efforts on the defendants we believe caused the victim's death,” Jagels said.
Detention Deputy Lisa Romero accepted a similar plea deal in February.
Despite speculation, attorneys say Bravo and Romero could testify against the remaining deputies, who are charged with murder.
Attorney David Torres said Bravo's deal would have no impact on his client, Detention Deputy Roxanne Fowler.
“If he does testify then he's going to testify truthfully and if he does testify truthfully,” Torres said. “I can pretty much say that the truth is going to come out that our clients are not guilty of the charges currently being brought against them,” he adds.
D.A. Ed Jagels says no plea deal is on the table for the remaining Deputies Roxanne Fowler, Daniel Lindini and Ralph Contreras.
“I expect all three defendants to be bound over for murder, quite frankly,” Jagels adds.
The Detention Deputies are accused in the fatal beating of James Moore, 30, at the downtown jail, in August of 2005.
Brenda Kimble, Moore’s mother says, “I want it to be done because we can't go on like this always tense.”
“Yesterday was my sons birthday, he would have been 31 years old. We just want justice and we just want it to be done,” Kimble adds.
A preliminary hearing is set for Tuesday for Detentions Deputies Lindini, Fowler, and Contreras.
As part of Bravo's plea deal, he was sentenced to three-years probation and will have to pay a fine.
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Post by WaTcHeR on Apr 18, 2006 9:20:43 GMT -5
04/18/2006 - BAKERSFIELD - The second of five detention deputies charged in the beating death of an inmate in December of 2005 took a plea bargain in a Bakersfield Superior Court Monday.
Kern County Sheriff Detention Deputy Angel Bravo, plead guilty during a pre-preliminary hearing in court.
Bravo was being charged with a misdemeanor charge of a assault under the color of authority.
Deputy Bravo agreed to a plea bargain with prosecutors in exchange for probation, District Attorney Ed Jagels said.
“We have now with this plea, removed the two defendants who were only peripherally involved, allowing us to concentrate all of our efforts on the defendants we believe caused the victim's death,” Jagels said.
Detention Deputy Lisa Romero accepted a similar plea deal in February.
Despite speculation, attorneys say Bravo and Romero could testify against the remaining deputies, who are charged with murder.
Attorney David Torres said Bravo's deal would have no impact on his client, Detention Deputy Roxanne Fowler.
“If he does testify then he's going to testify truthfully and if he does testify truthfully,” Torres said. “I can pretty much say that the truth is going to come out that our clients are not guilty of the charges currently being brought against them,” he adds.
D.A. Ed Jagels says no plea deal is on the table for the remaining Deputies Roxanne Fowler, Daniel Lindini and Ralph Contreras.
“I expect all three defendants to be bound over for murder, quite frankly,” Jagels adds.
The Detention Deputies are accused in the fatal beating of James Moore, 30, at the downtown jail, in August of 2005.
Brenda Kimble, Moore’s mother says, “I want it to be done because we can't go on like this always tense.”
“Yesterday was my sons birthday, he would have been 31 years old. We just want justice and we just want it to be done,” Kimble adds.
A preliminary hearing is set for Tuesday for Detentions Deputies Lindini, Fowler, and Contreras.
As part of Bravo's plea deal, he was sentenced to three-years probation and will have to pay a fine.
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Post by WaTcHeR on Apr 13, 2006 8:15:00 GMT -5
04/12/2006 - GROVETON — Allegations of improper conduct by the prosecution led to a second mistrial Tuesday in the case of a former Trinity County Sheriff's deputy charged with prisoner abuse, according to spokesmen from both sides.
Scott Taylor, now a Trinity constable, has been on trial for allegedly choking a handcuffed inmate, Gary Wayne Hoffman, slamming him into a jail door on March 26, 2004. Hoffman was being transferred to the jail following an arrest for allegedly fighting with his wife and an alleged "road rage" incident involving a shotgun.
Trinity County District Attorney Joe Ned Dean neglected to inform the defense of a letter he'd written to the parole board on behalf of a witness in the Taylor case after the first trial in August, which ended in a mistrial after jurors deadlocked on a split vote, according to Greg Cagle, an attorney with the Texas Municipal Police Association representing Taylor.
The witness was serving a prison sentence for burglary at the time of his testimony in August but had been released before the second trial, which began Monday.
"I had forgotten about doing it," Dean told The Lufkin Daily News Wednesday.
"I don't think it was improper. I've known (the witness) all his life," Dean said.
Dean, a former judge, said he'd written many letters on behalf of convicts over the years. The witness, in and out of prison for probation violations and a charge that was later dismissed, had been in prison longer than most for a burglary crime, Dean said.
"I don't think he got out a day earlier by me writing the letter," Dean said.
Cagle learned of the letter and filed for a mistrial Tuesday afternoon. Pre-trial agreements, common in most trials, require prosecution and defense to share information which could affect the outcome of the case.
Cases involving members of law enforcement are prosecuted very aggressively, Cagle said. The cases are hard to defend and prosecute, but everybody involved has a duty to follow the rules, he said.
"These (cases) are really hardball," Cagle said.
Whether Dean will be able to retry a case against a defendant involving improper conduct by the prosecution would be decided by a judge, should Dean file for a new trial, Hoffman said.
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Post by WaTcHeR on Apr 13, 2006 8:15:00 GMT -5
04/12/2006 - GROVETON — Allegations of improper conduct by the prosecution led to a second mistrial Tuesday in the case of a former Trinity County Sheriff's deputy charged with prisoner abuse, according to spokesmen from both sides.
Scott Taylor, now a Trinity constable, has been on trial for allegedly choking a handcuffed inmate, Gary Wayne Hoffman, slamming him into a jail door on March 26, 2004. Hoffman was being transferred to the jail following an arrest for allegedly fighting with his wife and an alleged "road rage" incident involving a shotgun.
Trinity County District Attorney Joe Ned Dean neglected to inform the defense of a letter he'd written to the parole board on behalf of a witness in the Taylor case after the first trial in August, which ended in a mistrial after jurors deadlocked on a split vote, according to Greg Cagle, an attorney with the Texas Municipal Police Association representing Taylor.
The witness was serving a prison sentence for burglary at the time of his testimony in August but had been released before the second trial, which began Monday.
"I had forgotten about doing it," Dean told The Lufkin Daily News Wednesday.
"I don't think it was improper. I've known (the witness) all his life," Dean said.
Dean, a former judge, said he'd written many letters on behalf of convicts over the years. The witness, in and out of prison for probation violations and a charge that was later dismissed, had been in prison longer than most for a burglary crime, Dean said.
"I don't think he got out a day earlier by me writing the letter," Dean said.
Cagle learned of the letter and filed for a mistrial Tuesday afternoon. Pre-trial agreements, common in most trials, require prosecution and defense to share information which could affect the outcome of the case.
Cases involving members of law enforcement are prosecuted very aggressively, Cagle said. The cases are hard to defend and prosecute, but everybody involved has a duty to follow the rules, he said.
"These (cases) are really hardball," Cagle said.
Whether Dean will be able to retry a case against a defendant involving improper conduct by the prosecution would be decided by a judge, should Dean file for a new trial, Hoffman said.
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Post by WaTcHeR on Mar 25, 2006 11:53:44 GMT -5
03/25/2006 - A former Los Angeles police sergeant invoked his 5th Amendment rights Friday, refusing to answer questions about an alleged scheme to extort $100,000 in exchange for dropping a bookmaking investigation.
During a court hearing on Eric Portocarrero's petition to overturn his bookmaking conviction, former Sgt. Mark Arneson refused to answer half a dozen questions, including whether he used his position to "interfere with the administration of justice" in the case.
Portocarrero, who pleaded no contest to two bookmaking counts, has accused Arneson and disgraced private investigator Anthony Pellicano of offering to "fix" aspects of the case if the defendant's brother came up with $100,000.
Portocarrero is seeking to have his conviction overturned on the grounds that authorities failed to disclose that Arneson was under investigation for leaking confidential information to Pellicano and had been suspended three days before Portocarrero entered his plea.
Both Arneson and Pellicano are awaiting trial in U.S. District Court on charges of wiretapping and illegally obtaining information on celebrities and high-profile business executives in what federal prosecutors have described as a conspiracy to gain tactical advantage in high-profile litigation.
The Portocarrero case raises the prospect that Arneson and Pellicano also worked together to subvert the criminal justice system.
"I expected him to take the 5th," Portocarrero's attorney, Amy E. Jacks, said late Friday, referring to the constitutional protection against self-incrimination. "But why is the LAPD hiding the ball and playing games that frustrate our ability to show the truth?"
Citing the ongoing case, Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney's office, would not comment on Friday's testimony. But she said prosecutors were opposing efforts to overturn the conviction.
Now free on bond, Arneson has pleaded not guilty to wire-tapping and other charges. Pellicano, who is being held in federal custody without bail, also has denied the allegations.
Arneson's attorney, Steven Miller, did not return calls seeking comment on the Portocarrero case. Steven Gruel, Pellicano's attorney, also could not be reached for comment.
Portocarrero was arrested in December 2001 on suspicion of running a sports betting ring. Arneson headed the investigation. As part of a plea deal, Portocarrero was sentenced to four days in jail, five years' probation and 90 days of community service.
In court documents filed as part of his petition to overturn his conviction, Eric Portocarrero's brother, Jan, said he received a series of calls from a private investigator who claimed he knew people conducting the LAPD illegal gambling probe.
The private investigator "told me details about what was supposedly happening inside Arneson's office," Jan Portocarrero said. He said the investigator offered to use his LAPD contacts to help "fix" aspects of the case. According to the documents, Pellicano's fee was $100,000 — "for starters" — some of which would go to Pellicano and some to his LAPD contacts.
Jan Portocarrero recalled the name of the private investigator as Anthony Pelligrino, but he later became convinced that it was Pellicano.
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Post by WaTcHeR on Mar 25, 2006 11:53:44 GMT -5
03/25/2006 - A former Los Angeles police sergeant invoked his 5th Amendment rights Friday, refusing to answer questions about an alleged scheme to extort $100,000 in exchange for dropping a bookmaking investigation.
During a court hearing on Eric Portocarrero's petition to overturn his bookmaking conviction, former Sgt. Mark Arneson refused to answer half a dozen questions, including whether he used his position to "interfere with the administration of justice" in the case.
Portocarrero, who pleaded no contest to two bookmaking counts, has accused Arneson and disgraced private investigator Anthony Pellicano of offering to "fix" aspects of the case if the defendant's brother came up with $100,000.
Portocarrero is seeking to have his conviction overturned on the grounds that authorities failed to disclose that Arneson was under investigation for leaking confidential information to Pellicano and had been suspended three days before Portocarrero entered his plea.
Both Arneson and Pellicano are awaiting trial in U.S. District Court on charges of wiretapping and illegally obtaining information on celebrities and high-profile business executives in what federal prosecutors have described as a conspiracy to gain tactical advantage in high-profile litigation.
The Portocarrero case raises the prospect that Arneson and Pellicano also worked together to subvert the criminal justice system.
"I expected him to take the 5th," Portocarrero's attorney, Amy E. Jacks, said late Friday, referring to the constitutional protection against self-incrimination. "But why is the LAPD hiding the ball and playing games that frustrate our ability to show the truth?"
Citing the ongoing case, Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney's office, would not comment on Friday's testimony. But she said prosecutors were opposing efforts to overturn the conviction.
Now free on bond, Arneson has pleaded not guilty to wire-tapping and other charges. Pellicano, who is being held in federal custody without bail, also has denied the allegations.
Arneson's attorney, Steven Miller, did not return calls seeking comment on the Portocarrero case. Steven Gruel, Pellicano's attorney, also could not be reached for comment.
Portocarrero was arrested in December 2001 on suspicion of running a sports betting ring. Arneson headed the investigation. As part of a plea deal, Portocarrero was sentenced to four days in jail, five years' probation and 90 days of community service.
In court documents filed as part of his petition to overturn his conviction, Eric Portocarrero's brother, Jan, said he received a series of calls from a private investigator who claimed he knew people conducting the LAPD illegal gambling probe.
The private investigator "told me details about what was supposedly happening inside Arneson's office," Jan Portocarrero said. He said the investigator offered to use his LAPD contacts to help "fix" aspects of the case. According to the documents, Pellicano's fee was $100,000 — "for starters" — some of which would go to Pellicano and some to his LAPD contacts.
Jan Portocarrero recalled the name of the private investigator as Anthony Pelligrino, but he later became convinced that it was Pellicano.
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Post by WaTcHeR on Mar 22, 2006 17:16:39 GMT -5
Officer David Morales 02/06/2006 - A trial begins Tuesday in Rochester for a man accused of having an open container in public and resisting arrest. The man, Keita Kitchen, claims a Rochester Police Officer beat and physically abused him. The arrest happened back in September. On Monday Kitchen and his lawyer, Van White, released an audiotape of the arrest Kitchen recorded. The recording begins when Officer David Morales meets Kitchen standing outside of a store on Joseph Avenue with an open container of alcohol. “You get your (expletive) back in the store, or I'll lock you up with that bottle. You're not (expletive) safe,” Officer David Morales said. Kitchen laughs. “Next time I see you I'm going to lock you up,” Morales said. Kitchen laughs. “You think I'm playing with you bro? Huh?” Morales said. “Whoa,” Kitchen said. “You think I'm (expletive) playing with you?” Morales said. A third party said, “You can't come up in here.” “Why not?” Kitchen said. A third party said, “You can't come up in here.” A fourth party, said, “What's going on out here?” “You think I'm playing with you bro? You think he's going to (expletive) protect your (expletive)?” Morales said. “If I want you bad enough, you think he's going to protect you?” “Mmm hmm,” Kitchen said. “You really do. You really do,” Morales said. “You want to prove my point? Huh?” The recording continues, when Kitchen says he was hit with a police baton. Officer Morales says, “Get outta here, get out, get the (expletive) out, get out. Get him out. Out. Come out, come out, come out, come out, come out, come out, come out, come out, down, get on the floor, get on the floor, on the ground, on the ground, on the ground. Put your hands behind your back. Stay back.” A third party, “This is my store and I don't know...” “Who cares,” Morales. “I don't care, who you think I am?” NEWS 10NBC met Keita Kitchen with his lawyer Van White Monday night. Kitchen says he recorded the arrest because he was getting harassed by police. Transcripts of a police questioning shows Officer David Morales hit Kitchen more than three times. When asked if he meant to be derogatory Officer Morales said, “No.” When asked if Kitchen resisted arrest Morales said, “Yes he did.” “I think circumstantially by listening to the tape you get the sense that it's not that he is resisting the command of the police, he's defending himself from a person who is assaulting him,” Kitchen’s lawyer, Van White said. “It's a continuing investigation I don’t know what status is at this point,” Deputy Chief James Sheppard said. “I'm sure that when it has closed we will take the appropriate action if there is need for same. Kitchen's trial for resisting arrest begins Tuesday. Kitchen has filed legal papers intending to sue the city. His lawyer says it should be the police officer on trial. The mayor's office says it can't comment where there is the possibility of a lawsuit.
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Post by WaTcHeR on Mar 22, 2006 17:16:39 GMT -5
Officer David Morales 02/06/2006 - A trial begins Tuesday in Rochester for a man accused of having an open container in public and resisting arrest. The man, Keita Kitchen, claims a Rochester Police Officer beat and physically abused him. The arrest happened back in September. On Monday Kitchen and his lawyer, Van White, released an audiotape of the arrest Kitchen recorded. The recording begins when Officer David Morales meets Kitchen standing outside of a store on Joseph Avenue with an open container of alcohol. “You get your (expletive) back in the store, or I'll lock you up with that bottle. You're not (expletive) safe,” Officer David Morales said. Kitchen laughs. “Next time I see you I'm going to lock you up,” Morales said. Kitchen laughs. “You think I'm playing with you bro? Huh?” Morales said. “Whoa,” Kitchen said. “You think I'm (expletive) playing with you?” Morales said. A third party said, “You can't come up in here.” “Why not?” Kitchen said. A third party said, “You can't come up in here.” A fourth party, said, “What's going on out here?” “You think I'm playing with you bro? You think he's going to (expletive) protect your (expletive)?” Morales said. “If I want you bad enough, you think he's going to protect you?” “Mmm hmm,” Kitchen said. “You really do. You really do,” Morales said. “You want to prove my point? Huh?” The recording continues, when Kitchen says he was hit with a police baton. Officer Morales says, “Get outta here, get out, get the (expletive) out, get out. Get him out. Out. Come out, come out, come out, come out, come out, come out, come out, come out, down, get on the floor, get on the floor, on the ground, on the ground, on the ground. Put your hands behind your back. Stay back.” A third party, “This is my store and I don't know...” “Who cares,” Morales. “I don't care, who you think I am?” NEWS 10NBC met Keita Kitchen with his lawyer Van White Monday night. Kitchen says he recorded the arrest because he was getting harassed by police. Transcripts of a police questioning shows Officer David Morales hit Kitchen more than three times. When asked if he meant to be derogatory Officer Morales said, “No.” When asked if Kitchen resisted arrest Morales said, “Yes he did.” “I think circumstantially by listening to the tape you get the sense that it's not that he is resisting the command of the police, he's defending himself from a person who is assaulting him,” Kitchen’s lawyer, Van White said. “It's a continuing investigation I don’t know what status is at this point,” Deputy Chief James Sheppard said. “I'm sure that when it has closed we will take the appropriate action if there is need for same. Kitchen's trial for resisting arrest begins Tuesday. Kitchen has filed legal papers intending to sue the city. His lawyer says it should be the police officer on trial. The mayor's office says it can't comment where there is the possibility of a lawsuit.
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Post by WaTcHeR on Apr 27, 2006 12:03:06 GMT -5
04/27/2006 - PORT ST. LUCIE — A Fort Pierce police officer faces an attempted murder charge after allegedly choking his pregnant girlfriend Tuesday night and slamming her head against the floor, according to Port St. Lucie police.
Officer David Leon Clark, 42, allegedly told his 29-year-old girlfriend she could call police but "he would not let them take him alive," a police report says.
Clark, a patrol officer with the Fort Pierce Police Department for two years, was placed on administrative leave with pay. He was released Wednesday from the St. Lucie County jail on $50,000 bail, a jail official said. The victim told police the couple has been in a "domestic relationship" for 21 months and that she's two months pregnant with his baby.
She said they began arguing while shopping for maternity clothes in Wal-Mart after the victim briefly spoke to a former co-worker. Clark, she said, was "jealous of the ex- co-worker," the report says.
When the couple returned to their home in western Port St. Lucie, she said Clark became "more and more irate," reports state.
"He started choking my trachea with one hand and as I tried to scream he covered my mouth with his other hand," the victim wrote in a statement. "I was able to kick him off me, he got on top of me again and slammed my head into the tile floor twice."
She eventually ran to her children's bedroom where she called 911.
Investigators noticed the victim had red marks and swelling on her neck, a swollen and cut lip as well as a large bump, redness and swelling on the back of her head.
Police took Clark into custody at his business on Southwest Macedo Boulevard. He was carrying a .380-caliber pistol.
Officer Robert Vega, police spokesman, said two Port St. Lucie officers attended the police academy with Clark and thought that "may have helped in the peaceful resolution."
Fort Pierce police did not allow reporters to review Clark's personnel file Wednesday, but Chief Eugene Savage said in a news release that Clark "did not have a history of complaints with the department."
Police removed several handguns and some ammunition from Clark's house for safe keeping, along with the handgun Clark was carrying.
The victim told investigators she did not feel that the baby was harmed.
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Post by WaTcHeR on Apr 27, 2006 12:03:06 GMT -5
04/27/2006 - PORT ST. LUCIE — A Fort Pierce police officer faces an attempted murder charge after allegedly choking his pregnant girlfriend Tuesday night and slamming her head against the floor, according to Port St. Lucie police.
Officer David Leon Clark, 42, allegedly told his 29-year-old girlfriend she could call police but "he would not let them take him alive," a police report says.
Clark, a patrol officer with the Fort Pierce Police Department for two years, was placed on administrative leave with pay. He was released Wednesday from the St. Lucie County jail on $50,000 bail, a jail official said. The victim told police the couple has been in a "domestic relationship" for 21 months and that she's two months pregnant with his baby.
She said they began arguing while shopping for maternity clothes in Wal-Mart after the victim briefly spoke to a former co-worker. Clark, she said, was "jealous of the ex- co-worker," the report says.
When the couple returned to their home in western Port St. Lucie, she said Clark became "more and more irate," reports state.
"He started choking my trachea with one hand and as I tried to scream he covered my mouth with his other hand," the victim wrote in a statement. "I was able to kick him off me, he got on top of me again and slammed my head into the tile floor twice."
She eventually ran to her children's bedroom where she called 911.
Investigators noticed the victim had red marks and swelling on her neck, a swollen and cut lip as well as a large bump, redness and swelling on the back of her head.
Police took Clark into custody at his business on Southwest Macedo Boulevard. He was carrying a .380-caliber pistol.
Officer Robert Vega, police spokesman, said two Port St. Lucie officers attended the police academy with Clark and thought that "may have helped in the peaceful resolution."
Fort Pierce police did not allow reporters to review Clark's personnel file Wednesday, but Chief Eugene Savage said in a news release that Clark "did not have a history of complaints with the department."
Police removed several handguns and some ammunition from Clark's house for safe keeping, along with the handgun Clark was carrying.
The victim told investigators she did not feel that the baby was harmed.
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Post by WaTcHeR on Mar 17, 2006 15:03:19 GMT -5
03/17/2006 - WARWICK, R.I. -- A Cranston police officer involved in a bar brawl while off-duty last month has been charged with disorderly conduct.
Police say Officer Daniel Lee participated in a large fight that spilled outside a bar in Warwick early on February Ninth. The Warwick police chief says Lee was served with a summons last week.
The 25-year-old officer is scheduled to be arraigned in District Court in Warwick on Monday. Police say it took 15 to 20 minutes to break up the brawl at Eddie's 5-29 Club and clear the parking lot.
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Post by WaTcHeR on Mar 17, 2006 15:03:19 GMT -5
03/17/2006 - WARWICK, R.I. -- A Cranston police officer involved in a bar brawl while off-duty last month has been charged with disorderly conduct.
Police say Officer Daniel Lee participated in a large fight that spilled outside a bar in Warwick early on February Ninth. The Warwick police chief says Lee was served with a summons last week.
The 25-year-old officer is scheduled to be arraigned in District Court in Warwick on Monday. Police say it took 15 to 20 minutes to break up the brawl at Eddie's 5-29 Club and clear the parking lot.
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Post by WaTcHeR on Mar 23, 2006 11:06:25 GMT -5
03/23/2006 - STRATFORD, Conn. - A Stratford police officer is on administrative leave after being accused of brutality by a town councilman.
Officer David Gugliotti was placed on administrative leave Wednesday, a day after he was called to break up a fight between several teenage girls outside a Stratford restaurant.
Police and eyewitness statements indicate at least four girls were involved in the fight outside Mitchell's Caribbean Delights. Titasheen Mitchell, 15, the daughter of restaurant owner Marcia Mitchell-Davis, said she was trying to keep the fight away from the restaurant's doors when she got pulled into the fracas.
In a police report, Gugliotti said the teenager tried to hit him as he was breaking up the fight and he struck her arms to defend himself. But Town Councilman Alvin O'Neal, who witnessed the fight, said Gugliotti threw the 15-year-old girl onto his police cruiser and punched her twice in the face. The girl was treated at a hospital for minor injuries.
Gugliotti also arrested O'Neal and charged him with interfering with police and breach of peace. O'Neal said he was arrested when he tried to stop the officer from striking the teenager.
"I told the officer ... to stop punching the girl and he told me to shut up," O'Neal told the Connecticut Post. "When I identified myself as the district councilman, he said he didn't care who the (expletive) I was. Then, I was handcuffed and thrown in the back of the police car and verbally taunted."
Mitchell-Davis said O'Neal should be credited with saving her daughter.
"If Councilman O'Neal wasn't there to stop the officer from continuing to slam her against the car and punching her, my daughter could have easily become a paraplegic or even been killed," she said.
Mayor James Miron, who met with about 70 residents Wednesday night at a community forum, promised a complete investigation. "I take any allegation of any abuse by anybody, including a police officer, seriously," he said in a statement. "It will not be tolerated."
But some residents said the incident is a sign of bigger problems in the police department.
"When that officer put his hand on that elected official, we have crossed the line somewhere," Stratford resident Clyde Nicholson said.
O'Neal is charged with interfering with police and breach of peace, while Mitchell is charged with assault on a police officer, interfering with a police officer, breach of peace and third-degree assault. Both are due in Bridgeport Superior Court on March 30.
Also arrested in connection with the original fight are two girls, ages 14 and 15. Both are charged with third-degree assault, breach of peace, and interfering with police. They were released to their mothers and are due in court March 30.
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Post by WaTcHeR on Mar 23, 2006 11:06:25 GMT -5
03/23/2006 - STRATFORD, Conn. - A Stratford police officer is on administrative leave after being accused of brutality by a town councilman.
Officer David Gugliotti was placed on administrative leave Wednesday, a day after he was called to break up a fight between several teenage girls outside a Stratford restaurant.
Police and eyewitness statements indicate at least four girls were involved in the fight outside Mitchell's Caribbean Delights. Titasheen Mitchell, 15, the daughter of restaurant owner Marcia Mitchell-Davis, said she was trying to keep the fight away from the restaurant's doors when she got pulled into the fracas.
In a police report, Gugliotti said the teenager tried to hit him as he was breaking up the fight and he struck her arms to defend himself. But Town Councilman Alvin O'Neal, who witnessed the fight, said Gugliotti threw the 15-year-old girl onto his police cruiser and punched her twice in the face. The girl was treated at a hospital for minor injuries.
Gugliotti also arrested O'Neal and charged him with interfering with police and breach of peace. O'Neal said he was arrested when he tried to stop the officer from striking the teenager.
"I told the officer ... to stop punching the girl and he told me to shut up," O'Neal told the Connecticut Post. "When I identified myself as the district councilman, he said he didn't care who the (expletive) I was. Then, I was handcuffed and thrown in the back of the police car and verbally taunted."
Mitchell-Davis said O'Neal should be credited with saving her daughter.
"If Councilman O'Neal wasn't there to stop the officer from continuing to slam her against the car and punching her, my daughter could have easily become a paraplegic or even been killed," she said.
Mayor James Miron, who met with about 70 residents Wednesday night at a community forum, promised a complete investigation. "I take any allegation of any abuse by anybody, including a police officer, seriously," he said in a statement. "It will not be tolerated."
But some residents said the incident is a sign of bigger problems in the police department.
"When that officer put his hand on that elected official, we have crossed the line somewhere," Stratford resident Clyde Nicholson said.
O'Neal is charged with interfering with police and breach of peace, while Mitchell is charged with assault on a police officer, interfering with a police officer, breach of peace and third-degree assault. Both are due in Bridgeport Superior Court on March 30.
Also arrested in connection with the original fight are two girls, ages 14 and 15. Both are charged with third-degree assault, breach of peace, and interfering with police. They were released to their mothers and are due in court March 30.
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