Post by KC on Aug 4, 2006 0:22:35 GMT -5
Officer Tom Cain
August 04, 2006 - Former Seaside Police Officer Tom Cain was on the receiving end of the law last week.
Last Thursday Tom Cain entered the equivalent of a no contest plea to a felony count of theft, three counts of second-degree theft, official misconduct and contempt of court in exchange for a plea agreement that resulted in a two month jail sentence and two years probation. Cain, who was granted time served while awaiting trial, was released Friday.
Chief Deputy District Attorney Ron Brown said that while his office was satisfied with the outcome, Cain's refusal to admit to any crime was contemptible.
"Both Cain and his attorney said he didn't do one thing wrong," Brown said. "But he's never going to be a cop again based on his record. He has violated public trust."
Cain’s attorney Timothy Pizzo of St. Helens said the plea was "the best political resolution in this matter." Pizzo said his client described the Seaside Police Department at that time as "incestuous and sloppy," and that his client "feels like he was singled out and persecuted."
The sentencing, handed down by visiting Judge Jerald Neufeld, was the conclusion of criminal proceedings that began in May when Cain was arrested on 33 charges ranging from witness tampering to misconduct to third-degree sexual abuse. Additional charges of theft were later added. As part of the plea agreement, several charges were dropped, including those based on Cain' s alleged affair with a teenage girl.
"The main reason it was going to be so difficult to convict him on the sexual counts is Samantha Long has always lied about it (their affair)," Brown said.
Cain maintains that Long was over the age of 18 when they started having sexual relations.
It was allegations of inappropriate sexual relations that started the initial investigation of Cain in 2004. The investigation was dropped, but Cain received a demotion from sergeant to corporal. In fall of 2004, District Attorney Josh Marquis notified then police chief Kenneth Almberg of his refusal to prosecute any cases Cain had involvement in, citing Cain's "poor reputation."
Allegations that Cain was having sexual relations with teenage girls while on duty arose out of a probe by Oregon State Police Detective Matt Beeson last year. Cain "vociferously denies that," Pizzo said. According to Brown, "the statute of limitations had run its course," in those instances and prosecution was not possible.
Cain was fired from the police department in November of 2005.
By May of this year, 33 charges were filed against the former officer, including a third-degree sexual abuse charge and several counts of criminal nonsupport for failure to pay child support to his wife for their three kids. He was charged with official misconduct after spending hours in a patrol car chatting on the phone after his demotion.
"He felt like a lame duck. He couldn’t make any arrests," Pizzo said.
He was also charged with witness tampering after contacting Long and trying to persuade her not to talk with authorities.
He was arrested, but was released on bail the following day. In June, police searched Cain's home and discovered Seaside Police Department property. They also found Long hiding under the bed. The two discoveries led to the couple's arrest for violation of a no-contact order and theft charges against Cain for the items including a class ring that was evidence in a case, case files, a police radio and flashlights. Cain had been incarcerated until his release Friday. Cain said the items found in his home were overlooked when he packed up his office after being dismissed from the department.
"He never looked through the stuff," Pizzo said. "If he’d known about it he would have returned it right away."
Last week's plea agreement resulted in an Alford Plea by Cain. In this plea, the defendant does not admit the crime, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. In addition to the time he served in jail, Cain must perform community service, obtain and keep full-time gainful employment in order to pay child support, and he will be on probation for 24 months. Cain had no previous criminal record and had served on the police department for 12 years.
Long is six-months pregnant with Cain's child, and the 20-year-old has been indicted on perjury for statements she provided during Cain's grand jury hearing.
Now that Cain's case has concluded, Brown stressed that the Seaside Police Department will be able to continue to heal the relationship with the community.
"I really think Seaside Police Department is on its way back. I think Chief Gross is doing a really great job and the department is on the mend."
Seaside Police Chief Bob Gross expressed hope that any lingering cloud over the department will dissipate.
"We're happy that the criminal situation with him is over. I hope he gets to move on with his life, and the police department gets to move on with what it needs to do for the Seaside community without the stigma of what he has done," Gross said. "Because he was in the department's employment during the time he committed the crimes, we realize that this case has provided some negative publicity for the police department, but we hope to move forward and do the things we are here to do for the community."