Wednesday, October 09, 2013




Decorated London Police sergeant, 40, who claimed it was part of his job to download sickening child abuse images is jailed



A decorated Metropolitan Police officer who claimed it was part of his job to download pornographic images of children has been jailed for six months.

Sergeant Sanjay Rai, 40, downloaded more than 200 indecent images and films of young girls while he was based in Lewisham, south east London, between September 2006 and January last year.

Rai, who received three commendations for bravery during his 20-year career with the force, said it was ‘necessary’ for him to download the images for the purposes of crime prevention.

The collection included 127 level four pictures - the second most serious type of material, Southwark Crown Court heard.

Rai was charged following his arrest on February 2 last year and has since been suspended, pending disciplinary proceedings.

He denied four counts of making indecent images but was convicted by a jury following a trial earlier this month.

The court heard he had an ‘alarming’ lack of remorse or insight into his offences. The hearing was told he continued to remain in denial and intended to lodge an appeal.

Sentencing Rai, Judge Deborah Taylor told him: 'The jury rejected the defence you raised that it was necessary to download these images for the purposes of the prevention of crime.

'That’s to say your defence was you were carrying out research to prepare courses in child trafficking which you proposed to develop outside your work as a police officer. 'No one from the authorities was informed about your research and you didn’t inform them about the type of activity you were doing.

'It’s clear you don’t accept the guilty verdict. But the fact is the jury did find you guilty, it wasn’t necessary to download those images, and you have shown no remorse in respect of that.

'These are serious offences and you knew that downloading such images was very clearly regulated by the law, to prevent exploitation of vulnerable and young children and also the circulation and demand for such images.'

Rai shook his head throughout the hearing and appeared to be on the verge of tears as the sentence was passed. He waved to his wife, sitting among friends and relatives in the public gallery, who wept as he was led out of the dock to begin his sentence.

Prosecutor Piers von Berg told the court Rai downloaded a total of 226 images including 39 level one, 25 level two and 35 at level three. ‘The images were of children aged between 12 and 15 and involved a combination of photographs and moving images.

‘Clearly this involves a public official, a police officer. From the evidence, at least four of the images were stored and the defendant said in interview that he viewed up to 75 of the images.’

Michael Forward, defending Rai, a re-married father-of-one, said he was ‘exceptionally disappointed’ with the jury’s verdict and intended to lodge an appeal.

‘The defendant, over a period of five to six years prior to his arrest, was involved in preparing courses for a number of outside companies for which he had prior permission from the Metropolitan Police.

‘There was no permission sought in relation to him downloading the images he did. The jury didn’t accept it was necessary for him to download any images for the preparation of any course he intended to do.’

But Mr Forward insisted Rai had not distributed the porn and was ‘not part of any wider circle of moving images around the internet.’

Rai, from Strood, Rochester, Kent, denied four counts of making indecent images of children. He was cleared of a fifth charge of failing to disclose any code in relation to material authorities were trying to access during the investigation.

Original report here

 

 

 

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Tuesday, October 08, 2013




Nutcase smothered to death by British cops

Four police officers are facing prosecution after a prisoner died in custody when a restraining belt was fixed across his face.

Church caretaker Thomas Orchard, 32, collapsed in a police cell after the belt was fastened across his mouth to stop him from 'spitting or biting' following his arrest in October last year, it has been reported.

Mr Orchard, who suffered from schizophrenia, was taken to hospital where he was pronounced dead on October 10 after a week in a coma.

The Independent Police Complaints Commission submitted a file of evidence to the Crown Prosecution Service to consider whether charges should be brought against four officers from Devon and Cornwall Constabulary, two members of the custody staff and a nurse employed by a contractor.

According to a report in The Times, a Government memorandum seen by the newspaper has suggested an emergency response belt was used on Mr Orchard to stop him from 'spitting or biting'.

The IPCC has confirmed to MailOnline that it looked at 'restraint techniques and equipment used during Mr Orchard's arrest and detention' as part of its investigation.

An IPCC spokesman said: 'The IPCC investigation into the death of Thomas Orchard led to a file of evidence submitted to the Crown Prosecution Service and the Health and Safety Executive. 'We are awaiting their decisions.

'The investigation has concluded and has looked at CCTV footage; taken statements; interviewed officers and custody staff; and reviewed relevant policies and training.

'The investigation has also looked at restraint techniques and any equipment used during Mr Orchard 's arrest and detention.'

Mr Orchard's family has told Channel 4 News they had concerns over the use of emergency response belts.

His sister Jo said: 'We don't know how, or why – fully – that it [the emergency response belt] was applied.'

Mr Orchard was arrested in Exeter on October 3 on suspicion of a public order offence and taken by police van to Heavitree Road Police Station at 11.10am.

Just over an hour later he was taken by ambulance to the Royal Devon and Exeter Hospital where he was placed in an induced coma in intensive care. He did not recover consciousness however when his sedation was lifted and he was pronounced dead on October 10.

After the IPCC handed over its file to the CPS, Commissioner Rachel Cerfontyne said: 'This file of evidence concerns Mr Orchard's time in custody and relates to two custody detention staff, three police officers, one custody sergeant and a nurse who is employed by a contractor.

'It will be a matter for the Crown Prosecution Service to determine whether criminal charges will be brought against any of those police staff involved in Mr Orchard's detention on that day.'

Channel 4 News has reported Mr Orchard's death was discussed at a meeting in February of the Ministerial Board of Deaths in Custody, which noted 'the company which supplied the equipment [Emergency Response Belt] had been training forces on its use as a hood to prevent spitting and biting'.

Minutes from the meeting also states: 'ACPO did not endorse its use as a spit/bite hood'.

According to reports, police forces nationwide have now been warned against using the belts in this way.

The police force meanwhile has refused a request by the IPCC for the staff involved in the incident to be suspended.

A Devon and Cornwall Constabulary spokesman said: 'Following this incident the Force has assisted the IPCC where ever possible in gathering information regarding their enquiry.

'An assessment was carried out by the Deputy Chief Constable and it was decided the staff concerned remaining at work on restricted duties would not impact or prejudice the investigation in any way.

'It’s important to note that no-one has been criminally charged in relation to Mr Orchard’s death and this investigation remains at an information gathering stage.

'The staff concerned have been moved to temporary roles which do not have direct contact with the public and are outside of custody. This follows Home Office guidance around the suspension of officers.

'We now await further advice from the IPCC concerning any developments with potential prosecutions.'

The force also said custody procedures 'are constantly reviewed as is any equipment used in the custody environment'.

Original report here

 

 

 

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Monday, October 07, 2013




WA: Clark County to pay wrongly convicted men $10.5M

Police tunnel vision again. Lawsuit settled amid federal trial; insurer likely to be sued

Clark County has agreed to pay $10.5 million of its own money to settle a federal lawsuit by two men wrongfully convicted of a 1993 rape and imprisoned for 17 years.

The county and attorneys for Larry Davis, 57, of Vancouver and Alan Northrop, 49, of Woodland settled the case Friday, nine days into a jury trial in Tacoma.

"You can't give them back the 17 years of life they lost because of sloppy police work, but they felt good that justice was done, and the truth came out," said Jack Connelly, Davis' attorney in Tacoma.

The county agreed to pay the $10.5 million settlement out of its own coffers because its insurer — Washington Counties Risk Pool — declined to pay any settlement or verdict related to the case. Interim County Administrator Mark McCauley said he'll consult with county commissioners Wednesday to finalize a plan for paying out the cash. The county's finance team is putting together multiple proposals, McCauley said. The settlement amount must be paid within 30 days, he said.

"We like to look out for the taxpayers, and we believe settling was the right decision," McCauley said.

Davis and Northrop will receive $5.25 million apiece. The settlement also authorizes them to sue Washington Counties Risk Pool for up to an additional $24 million, or $12 million apiece. Connelly and Tim Ford, Northrop's attorney in Seattle, said their clients plan to sue the insurer.

Ford said the county was not insured in 1993.

"It became insured in 2002 and 2003, and there were parts of the claim that dealt with county's handling of the case (in the years that the county was insured)," Ford said. "The county believed, and we agreed, that there should be coverage. The insurance declined. The county appealed it, and the insurance declined it again."

The settlement came Friday in the midst of testimony from former Clark County sheriff's Detective Donald Slagle and on the ninth day of a jury trial in front of U.S. District Court Judge Robert Bryan in Tacoma. One of Slagle's archived files revealed that the detective had multiple leads to other possible suspects in the rape.

"It came out in court that he had never investigated any of the other suspects," Connelly said.

The victim, a housekeeper who was brutally raped while cleaning a house in La Center, had the DNA profile of a male under her fingernails and in her pubic combings that didn't match that of Davis, Northrop or any man known to her, Ford said.

"In my view, I thought the impetus (for the settlement) became pretty darn clear when the DNA evidence showed these were the wrong guys," Ford said.

But McCauley said the county had been motivated to settle the case well before the trial started and had been in negotiations for about a year.

Davis and Northrop were convicted of the rape in 1993 and sentenced to more than 20 years in prison. Post-conviction DNA testing of 27 pieces of evidence showed that Davis and Northrop didn't commit the crime and revealed DNA evidence that likely came from two other men, according to a press release from the men's attorneys. Former Clark County Superior Court Judge Diane Woolard vacated the two men's convictions in July 2010, after the men had spent 17 years in prison.

In their federal lawsuit, the men said the county and Slagle violated their right to fair trials by "suggestive eyewitness identification techniques and withholding important exculpatory evidence," the attorneys said.

"The fact this investigation led to the conviction of not just one but two innocent men shows how relentlessly biased it was," Ford said in a statement.

Davis, who has post-traumatic stress disorder from his experiences in prison, hopes to return back to school and become gainfully employed again, Connelly said. Davis could not be reached for comment.

Northrop told The Columbian in August that he works at Sunlight Supply Inc. and is reconnecting with his three children. He was also planning on marrying his fiancée, Shawna Smith. He was unavailable for comment on Monday.

Original report here

 

 

 

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Sunday, October 06, 2013




Blundering British police let 1,300 suspects walk free including 'rapists, child molesters and at least one murderer' because of errors with paperwork or procedure

More than 1,300 suspected criminals including alleged rapists, child molesters, violent offenders and at least one murderer have escaped justice in the past five years because of police blunders over arrests.

Figures show that errors in paperwork, failure to read suspects their rights or mistakes in the way officers conducted interviews have meant at least 200 suspects a year walked free without charge.

Since 2008, these have included 262 suspected violent criminals and 21 sex offenders, three of whom were suspected rapists and one of who was accused of sexually abusing a young boy.

Only last month, a convicted killer escaped prosecution for a second murder because an officer failed to follow procedures. The official statistics, derived from Freedom of Information requests, provoked fury.

Conservative MP Nick de Bois, a member of the Commons Justice Committee, said: ‘These figures are quite shocking and I hope an investigation into the cases in question takes place to see if lessons can be learned so we can stop this happening in future.’

Javed Khan, chief executive of charity Victim Support, added: ‘It is a worrying state of affairs if the people who are there to uphold the law are putting criminals in a position where they may be able to evade justice.’

Last month a detective who failed to read a killer his rights when persuading him to reveal where a woman’s body had been dumped was told he could be sacked.

Wiltshire Detective Superintendent Steve Fulcher faces a gross misconduct hearing after Christopher Halliwell escaped prosecution for the murder of Becky Godden-Edwards, 20.

Halliwell confessed to the killing but was not tried as Det Supt Fulcher breached the Police and Criminal Evidence Act.

Halliwell is currently serving a life sentence for the murder of another girl, Sian O’Callaghan, 22.

London was the worst area for errors by police, with 568 potential criminals let free over five years

Original report here

 

 

 

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Saturday, October 05, 2013




Australian cops allegedly break student's leg over ticket

A group of police officers broke the leg of an arts student and told her "we don't care if it's legal" after she was caught without a train ticket, a court has been told.

Rachel Gardner is suing the NSW police force claiming she was assaulted, sat on, handcuffed, pushed against a fence, loaded into a paddy wagon and then dumped at a nearby train station without charge on March 13, 2011.

Police initially denied the kick occurred but sought to amend their defence in the Sydney District Court on Monday after it emerged Ms Gardner's legal team had obtained CCTV footage from Cronulla station.

Ms Gardner, 36, was at the station with two tourist friends just before midnight when they were approached by transit officers and found to be without tickets.

An altercation ensued when the tourists couldn't produce identification and police attended. Ms Gardner claims that when she protested that one of the tourists was being pinned to the ground by a transit officer, Acting Sergeant Craig Sands kicked both her legs out from under her, breaking her right leg.

In her statement of claim, it is alleged Sergeant Sands then directed a transit officer to sit on her while she was lying face down on the platform before she was handcuffed, told she was under arrest and put in a paddy wagon.

When she objected to what she believed was an unlawful arrest, an officer said "we don't care if this is legal", the statement said. Ms Gardner was not taken to a police station and charged. Instead, she was driven to Sutherland railway station and "left to fend for herself in a seriously injured condition".

She is seeking damages of up to $750,000 for the injuries as well as the humiliation, disgrace, mental suffering, emotional distress, fear and anxiety, loss of social status and inconvenience caused by assault, false arrest and false imprisonment. A doctor's report says she will likely develop osteoarthritis within five to 10 years.

Her aspirations to become a filmmaker would also be hindered as well as attempts to get casual work while studying fine arts at the University of NSW College of Fine Arts, the court heard. Barrister Geoffrey Petty, SC, said the only record of the incident was a standard internal log that was "brief in the extreme". He said CCTV footage showed the kick "as plain as daylight" and also showed the officers chatting on the station as Ms Gardner limped away.

The police initially denied all Ms Gardner's claims and said she bit and kicked officers, however barrister Matthew Hastings sought to file a new defence document that Judge Sharron Norton noted was "entirely different" to the one submitted before the footage emerged.

Mr Hastings said Ms Gardner's statement of claim was so vague it hindered their initial investigation. The hearing resumes on Tuesday.

Original report here. (Via Australian police news)

 

 

 

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Friday, October 04, 2013




Paedophile British cop who attacked 'vulnerable' 13-year-old after grooming her online is jailed for 21 months



A paedophile policeman spotted groping a 'vulnerable' 13-year-old girl in her school uniform after grooming her online was today jailed for 21 months.

PC Andrew Gouge, 34, had just passed his Sergeant’s exam when passers-by realised he and the youngster were not father and daughter and raised the alarm.

He first met the victim on an internet chatroom and, after exchanging Blackberry Messenger details, they met up on a number of occasions, usually in public parks.

Kathy Hirst, prosecuting, told Woolwich Crown Court: 'It seems that they made contact towards the beginning of this year because by February they had swapped Blackberry Messenger pins in order for them to be able to contact each other in that way, and also they were emailing each other.'

The court heard Gouge, who is estranged from his wife, had never sought to hide his real age from his victim, but visited the chatrooms under the pseudonym 'Josh Little'.

During the course of police interviews, the victim, now 14, told officers that she had met Gouge on four occasions in parks in Orpington, Kent.

Ms Hirst said: 'Most of the time, she said, they spent talking, on the third meeting there had been some physical contact including kissing.'

She told how on the fourth meeting, members of the public spotted the pair and called police after becoming concerned about the nature of their relationship.

Ms Hirst continued: 'Clearly on that occasion the activity was witnessed by others, they had been kissing, and also that he was observed to have his hand up her school skirt, and resting under her skirt.'

One witness said she had though the pair were father and daughter before noticing that they were behaving awkwardly.

Ms Hirst said: 'She went home and called her father who suggested that she should phone the police if she was unhappy and perhaps take a further look.'

After going back to see Gouge and the young girl 'snogging' with his hand up her skirt, the woman called the police.

Another witness saw the same scene moments later after hearing schoolchildren talking about seeing a girl in school uniform kissing an older man.

Two officers who had been on patrol in Bromley arrived at the scene and caught Gouge in an embrace with the 13-year-old.

'He was in fact recognised by one of the officers as being a local officer,' said Ms Hirst.

Both Gouge and the girl initially told officers they had only met that day with the Gouge claiming the youngster had come across him 'lying in a field'.

However, after further investigations officers discovered the truth and went to the young girl’s house to speak to her.

Ms Hirst said: 'She said that he had sent a picture of him with no top on and she said that she had sent him a picture of her bottom that was partly covered by a t-shirt.'

She also reluctantly revealed that they’d had sexually explicit conversations which had involved him asking for oral sex.

Sentencing Gouge to 21 months imprisonment, Judge David Tomlinson said: 'You were a serving police officer at the time of those offences.

'You had the status of Acting Police Sergeant by the time of these unhappy events. Your police station at Bromley was local to where you met this child.

'It seems that she was already in a fragile and vulnerable state when you made contact with her.'

He added: 'Though there was no particular relationship with the girl and you owed her no specific duty of care, you were in a position of trust within the community as a whole.'

Gouge, of Grays, Essex, admitted one count of meeting a child following sexual grooming and sexual activity with a child.

Dressed in a maroon t-shirt and jogging bottoms, Gouge sat with his arms crossed and showed no reaction as his sentence was read. He is currently suspended from the Met and is facing disciplinary proceedings.

Detective Chief Inspector Pete Thomas, of the Met’s Sexual Offences, Exploitation and Child Abuse Command, said: 'Andrew Gouge has shown himself to be someone who has targeted, groomed and exploited a vulnerable young child for his own sexual needs.

'His conduct has caused significant harm and the investigation highlights the need to remain vigilant to the risks posed by social media and the internet in order to safeguard children.

'The Metropolitan Police Service is committed to protecting children and bringing sexual predators like Gouge to justice.'

Commander Allan Gibson, the Met’s Directorate of Professional Standards, said: 'Gouge signed up to protect and serve his community; but seriously failed in that commitment and has caused untold harm to the victim, her family and his own friends and colleagues.

'He has tarnished the reputation of both the organisation and his colleagues. All members of the police service are expected to behave impeccably whilst on and off duty. Gouge did no such thing.'

Gouge will also be subject to a Sexual Offences Prevention Order and a Restraining Order

Original report here

 

 

 

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Thursday, October 03, 2013




Florida Woman Gets New Trial After Being Sentenced to 20 years for Firing Warning Shot at Attacking Husband

A gun saved her from her abusive husband but it did not save her from the law. Marissa Alexander attempted to invoke Florida’s Stand Your Ground law as her legal defense over a 2010 incident in which her husband was attacking her and she fired a warning shot to scare him off.

Duval County Judge James H. Daniel has allowed a new trial for Alexander citing incorrect instructions which were given to the jury on self-defense. But the court still doesn’t think the Stand Your Ground laws should apply in this case.

"We reject her contention that the trial court erred in declining to grant her immunity from prosecution under Florida’s SYG law, but we remand for a new trial because the jury instructions on self-defense were erroneous," Daniel wrote, according to a report by ABC.

According to Alexander’s testimony, the August 2010 incident that led up to the shooting started when she returned home from work that night to find her then-husband, Rico Gray, Sr., in their house. At the time Alexander has a restraining order against her husband after he had assaulted her.

Outrage from the husband ensued when he saw a text message on Alexander’s cell phone and then chased her into a bathroom. She locked the door but Gray just kick in the door and proceeded to choke her. During a struggle Alexander was able to get away and ran towards her garage so she could get in her car and drive away.

But she forgot her keys to the car in the house where her enraged husband was. And since she was not able to open the garage door due to a malfunction, she was essentially trapped in the garage with no choice but to go back in the house. That’s when Alexander remembered she kept a gun in the garage.

"I knew I had to protect myself," she said during an interview with CNN last April. "I could not fight him. He was 100 pounds more than me. I grabbed my weapon at that point." The weapon was a gun, legally owned by Alexander.

But when Gray saw Alexander holding the handgun when she went back into the house Gray became even more irate and threatened to kill the woman, according to Alexander’s testimony. Deciding on what she called "the lesser of two evils" Alexander fired a warning shot in the air, which hit the wall and ceiling. And this move may have saved her life, since Gray ran out of the house after she fired the gun.

And this was not the first time Gray had threatened her.

During his deposition, Gray admitted, "I told her if she ever cheated on me, I would kill her." But that wasn’t all. He went on to add, "If my kids weren’t there, I knew I probably would have tried to take the gun from her. If my kids wouldn’t have been there, I probably would have put my hand on her."

Alexander was sentenced to 20 years in prison under a Florida law that automatically mandates the 20 years for unlawfully firing a gun. Now with a new trial she will have yet another chance to let her legal defense team prove that she fired her gun because she feared for her life and was trying to scare off her attacker.

Original report here

 

 

 

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Wednesday, October 02, 2013




Can law enforcers show restraint when pocketing the proceeds?

The British case

As we have seen from the unhappy experiences of letting the police operate speed cameras or councils impose parking penalties, it is not always a brilliant idea to allow those who enforce the law to claim a hefty share of the proceeds. It gives them too strong an incentive to go over the top in their enforcement.

Another glaring example of this is the Proceeds of Crime Act (POCA), primarily designed in 2002 to allow the confiscation of the proceeds of drug dealing and money laundering, with a sizeable chunk of any money recovered going to the enforcement agencies that had caught the criminals.

The use of this Act was then widened out to impose often quite absurdly disproportionate penalties on other types of offender. In 2009, for instance, I reported on several cases where quite ludicrous sums had been taken off small-scale fishermen found in breach of EU quota rules, resulting in hundreds of thousands of pounds going to the Marine Fisheries Agency that prosecuted them.

A further disturbing example was a criminal trial that recently ended in Cardiff, following the prosecution by the Environment Agency (later Natural Resources Wales) of two farmer brothers, Nigel and Philip England, and their companies that run a waste business. The agency charged the brothers with 12 criminal offences, including illegal wood-chipping and composting, but above all the tipping on their farm of a large quantity of "waste" on which they had paid no landfill tax.

The agency was particularly keen to pursue this case because, under the POCA, it had demanded that first £3 million, then £5 million of the brothers’ assets be frozen – of which, if its prosecution was successful, nearly £2 million could, under Home Office rules, be kept by the agency.

As the case dragged on for years, with the agency laboriously assembling its evidence, it became, for the brothers, a nightmare. With their assets frozen, they could not borrow any money, threatening to close a business employing 200 people. The first firm of lawyers they employed to defend them ran up a bill of £350,000, without getting anywhere. Then they found a new legal team, much more clued up, ready for the moment in July when the case finally came to trial.

Over the next five weeks, the agency’s case was torn to shreds. The brothers were able to show that they did indeed have legal authorisation for their composting and wood-chipping.

But rather more interesting was the issue of that "waste" they had used to level their land. First this was estimated by the agency at 7,000 tons, then 20,000, then 25,000 – and it was on the unpaid landfill tax on this that the agency justified its freezing of the £5 million it stood to benefit from. It then threw in, at a late stage, a further claim that it was "contaminated with asbestos".

It turned out that 10,000 tons of this waste was soil originating from one of the Environment Agency’s own flood-defence schemes. Most of the rest was earth moved quite legally from one part of the farm to another. Analysis of the soil showed that only 400 tons was in any way "contaminated", most of which had come from the Environment Agency itself, which had not carried out its own analysis as the law requires. As for the asbestos, even the agency’s expert admitted that there was "probably more asbestos in this courtroom than there was on the site".

The jury found in favour of the brothers on all but one of the 12 counts, and this was a mere technicality that the prosecution agreed not to pursue. The agency is thus left looking at a £1.2 million legal bill, having had to say goodbye to the £2 million it hoped to pocket under the Proceeds of Crime Act.

The only real offenders in the story, it seemed, were those officials of the agency, who forced a responsible company to its knees and cost the taxpayers £1.2 million by so recklessly pursuing a case that should not have been brought in the first place.

Original report here

 

 

 

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Tuesday, October 01, 2013



It Won't Stay in Vegas: The Metro PD's Homeland Security Theater

The Las Vegas Metropolitan Police Department has an acute public relations problem: Officers in its employ routinely murder and mutilate innocent people. The established review procedure for police killings is at least as predictable as a Zimbabwean presidential election.

Former Nevada District Court Judge Don Chairez, has described the Clark County Coroner’s inquest process as "a search for justification of an officer's actions." Since the procedure was introduced in 1969, hundreds of lethal force incidents have been reviewed by a seven-member jury. Between 1976 and 2012, only one police shooting was ruled "negligent" – and that decision was overturned on appeal.

This was the intended outcome of a process that was collaborative, rather than adversarial: The District Attorney’s office choreographs the questioning with the police department prior to the hearing, and no direct cross-examination of police officers is permitted by attorneys representing the victim.

"He made me do my job"

Andre Laomarsino, who represented the family of 21-year-old police murder victim Trevon Cole in a 2010 inquest, explained to me that "We were allowed to submit written questions, one at a time, to the prosecutor." He wasn’t allowed to pose questions directly to Cole’s murderer, Officer Bryan Yant (a repeat offender), or even to ask follow-up questions.

Yant shot Cole in his apartment while his finance, Sequoia Pearce, was kneeling on the floor with a gun to her head. The 21-year-old man had been targeted by a narcotics enforcement team for a series of "controlled buys" that were captured by a film crew from the execrable police state propaganda program COPS.

Cole was suspected of selling 1.8 ounces of marijuana in one of Metro’s staged drug buys – a quantity that probably wouldn’t have merited even a misdemeanor prosecution. Although the undercover operatives diligently tried to entice Cole into selling larger amounts, he adamantly refused to do so.

Unable to connect Cole to a serious crime, Yant did what police officers in such circumstances always do: he lied, deliberately misidentifying Cole in a search warrant affidavit as another man with the same name who had a different birthday and weighed about 100 pounds less than his target, who was a former college football player. This permitted Yant to depict Cole as a dangerous repeat offender, which led a judge to approve an armed, night-time raid on Cole’s home.

The film crew wasn’t available on the night of the killing, which meant the officers wouldn’t be able to preen for the cameras. This probably left Yant – who had brought along his personal AR-15 – with a severe case of blue balls. So as a consolation prize he kicked in the door to Cole’s apartment, chased him into the bathroom, and killed him despite the fact that the terrified young man had his hands raised over his head.

During his inquest, Yant followed the familiar script, claiming that Cole – who was unarmed and outnumbered – "made an aggressive act toward me," which he insisted was "enough to make me fear for my life."

According to Yant, Cole "made me do my job" – which was to manipulate harmless people into committing prosecutable acts, perjure himself to obtain judicial permission for a home invasion, and then kill an innocent person without provocation or personal consequences.

The Erik Scott Murder

A few weeks after Bryan Yant gunned down Trevon Cole, three of his comrades – led by Officer William Mosher – "did their job" by murdering 38-year-old Erik Scott as he was leaving a Costco store.

Scott, an honorably discharged soldier and West Point graduate, was legally carrying a concealed weapon during his July 10, 2010 visit to the store. A clerk noticed the gun and told Scott, incorrectly, that the store had a policy forbidding guns on the premises. Another employee called the police and reported that an armed, irrational man was terrorizing the customers.



When the police arrived, patrons were told to leave because of an emergency. Scott, who was with his girlfriend, was leaving the store when he was confronted by Mosher.

No more than two seconds Mosher yelled, "Hands! Let me see your hands!" the panicking officer fired two shots into Scott at point-blank range. Without determining what had happened, Officer Thomas Mendiola fired three shots at the victim. A third officer, Joshua Stark, shot him twice.

The official account was that Scott had pulled his gun and pointed it at Mosher. In fact, the object in Scott’s hand was a Blackberry. His registered gun was still in its holster. When it became clear that Scott hadn’t drawn his gun, the police narrative shifted (as has been documented in detail by investigative writer Mike McDaniel). In support of that revised version, investigators pretended that after Scott had been shot by Mosher, he attempted to reach a second handgun – an unregistered Ruger -- that he supposedly carried in his right front pocket.

That gun, which Scott had purchased as a gift for his mother, was actually in his apartment at the time he was murdered. The Metro Police acquired it in an illegal search – better described as a "black-bag job" – and then subjected it to a phony ballistics test intended to prove that it been damaged when Mendiola shot Scott in the right leg. This was impossible, since the injuries to Scott’s leg were several inches below his pocket.

None of this mattered in the official inquest – because facts are inconsequential in that proceeding. All that counted was a police officer’s subjective impression that his incomparably precious life – or that of a fellow member of the sanctified brotherhood of official coercion -- faced some unspecified threat.

"I felt that my fellow officer was in immediate and imminent danger," testified Mendiola, dutifully reciting from the police union’s catechism of self-exculpation. "I just fired until I felt that the suspect wasn’t a threat."

When he was asked about the fact that Scott’s firearm never left its holster, Mendiola replied with a verbal shrug. "It was still a threat, whether it was holstered or not," he blithely stated. "I did what I had to do."

On this construction, a police officer in Las Vegas would be entitled to kill any Mundane who is carrying a holstered weapon. Every officer who testified (that is, perjured) himself at the inquest emphasized the idea that by carrying an unregistered Ruger, Scott had committed a felony – even though there was no evidence that Scott had that weapon in his possession at the time he was murdered.

Significantly, by the time the Erik Scott inquest occurred, Officer Mendiola was under investigation for a firearms-related felony involving an unregistered Ruger pistol. Just days after helping to murder Erik Scott because his legally owned firearm was perceived as a "threat" to officer safety, Mendiola gave a Ruger .22-caliber handgun to a convicted felon named Robert Justice.

Originally charged with a felony, Mendiola was allowed to plead guilty to a "gross misdemeanor" charge, fined $2,000, and allowed to leave the Metro Police Force with his peace officer certification intact.

"Heroic Deeds" of official murder

The coroner’s inquest "was the most amazing travesty of justice," Bill Scott, Erik’s father, told Pro Libertate. "It was entirely devoid of due process."

"The side representing the victim has no input at all," Scott continued. "It cannot question witnesses directly. Written questions are handed to a bailiff, who submits them to the judge, who decides whether or not they will be asked. We submitted 1200 questions over the course of a six-day hearing, which was the longest in the history of the inquest. The judge effectively disposed of all of them. In his final instructions to the jury, the judge reduced the mater to one question: `Did the officers who fired believe their lives were in danger?’"

All three of the officers involved in the murder of Erik Scott were exonerated by the inquest – and in what can only be construed as a deliberate gesture of contempt toward the public, the Las Vegas Police Protective Agency (PPA) nominated two of them, Mosher and Stark, for consideration as "national officer of the year" in 2011. Mendiola’s felony charge is the only reason he was snubbed for consideration.

PPA commissar Chris Collins referred to the murder of Erik Scott as one of the "top two heroic events our officers participated in" during 2010. He didn’t specify whether the other "heroic" act was Brian Yant’s murder of Devon Cole.

"I don’t see it as a controversial shooting," Collins smugly told the Review-Journal. "It was a heroic deed and enough of a heroic deed for the judges [with the National Association of Police Organizations awards] to give them an honorable mention."

"That’s typical of Collins," Scott observes. "He is a monumentally arrogant individual, because his union runs the police force. Collins and the PPA will justify any fatality, any use of force, any beating – and [Sheriff Doug] Gillespie doesn’t have the guts to challenge them."

Like Brian Yant, Bill Mosher – who has the physiognomy, but not the talent, to find honest work as a Curly Howard impersonator -- is a repeat offender who has learned that he can kill with impunity.

"Bill Mosher, the cop who murdered Erik, is a former prison guard in Massachusetts who somehow wound up as a casino guard in Las Vegas," Bill Scott points out. "He got hired in the mid-2000s at a time when Metro was hiring like crazy and were somewhat indiscriminate. His training officer refused to graduate him, saying that he was unsuitable to be a cop. Metro said, in effect, `We just need boots on the streets.’ Within a year, Moser had shot and killed someone on the streets, and four years later he shot Erik. So he had two fatal shootings in the first five years as a cop."

Sociopaths in uniform

Yant and Mosher are entirely representative of the dominant element within the Metro Police Force, according to Scott.

"Here’s the breakdown of the police composition, as described to us by some good cops – most retired, some still active," Scott explains. "About twenty-five percent of Metro cops are what could be characterized as rogue or bad cops. Another 25 percent are simply trying to keep their jobs, their paychecks, and their pensions. Roughly half are conscientious people who became police for the right reasons – but they are frustrated by the system. As one of them told me, `It’s difficult to do the right thing when you’re working for a vindictive tyrant.’ For this reason the good cops don’t step up and confront the bad ones."

If "good cops" are intimidated by fellow Metro officers, the public has every right to be terrified of them. Public outrage over the Metro PD’s reign of terror prompted the Las Vegas Review-Journal, which otherwise faithfully carries out its duties as a local government-aligned newspaper, to commit an act of journalism. The paper ran a lengthy series exposing the entrenched corruption of the coroner’s inquest process. This led to intervention by the US Justice Department, which took official notice of the impunity enjoyed by the department’s hired killers and urged a handful of trivial "reforms" upon the Metro Police.

Last year, Clark County Sheriff Doug Gillespie announced the creation of an enhanced Force Review process in which shootings would be examined by a panel composed of three officers and four Mundanes. Gillespie promised that the panel would be representative of the "community," that it would have unfettered access to information, and that its deliberations would be transparent. However, that body has no authority to fire or discipline officers who engage in criminal violence against innocent people. Those decisions would be made by Sheriff Gillespie – as dictated by the PPA.

In late July and early August, six members of the Use of Force Board resigned in disgust after Gillespie refused to fire Officer Jacquar Rostson, who shot and seriously wounded an innocent man the previous November. In his appearance before the Board last April, Roston displayed the contemptuous arrogance one would expect from a member of the punitive caste, insisting that his actions were entirely appropriate, and defiantly promising that he would commit the same crime again under similar circumstances. The board unanimously recommended that Roston be fired.

When Roston attended a pre-termination hearing a month later, he made a ritualistic and patently insincere gesture of affected contrition. In an act of cheap grace, Gillespie said that Roston had suffered enough and imposed a week-long suspension.

This, in turn, led to the resignation of Board co-chairman Robert Martinez and five other members of the panel, including Assistant Sheriff Ted Moody.

"Why are we here?" asked former Board member Robert Le Piere, a retired police officer from New Jersey, describing Gillespie’s act in overturning their decision as "offensive."

Running up the false flag

The mass resignations from the Force Review Board presented another potentially huge PR problem for the Metro Police. Fortunately, its federally funded Counter-Terrorism Center had put a contingency plan into action at the same time the Rotson controversy began last April – a false-flag operation involving the Regime’s preferred domestic enemy, the "Sovereign Citizens" movement.

For about a year, the Metro Police had been conducting surveillance on an ex-convict from California named David Allen Brutsche, a registered sex offender with six felonies on his record. In several traffic stops, Brutsche expressed hostility toward the police in language influenced by "Sovereign" ideology.

If there is a central casting agency for Homeland Security Theater operations – and, for all I know, there is one – Brutsche is someone who could have been built to its specifications. Last April, as the inquest into the Roston shooting got underway, Metro officers arrested him while he was selling water on the Strip. They then deposited him in a cell with a disreputable-looking specimen who played on Brutsche’s animosity toward the department.

Brutsche’s cellmate was Detective Scott R. Majewski, a fellow who is paid nearly $120,000 a year to keep political dissidents under surveillance and orchestrate what he has brazenly described as "theater" operations targeting them. Majewski’s LinkedIn profile boasts that he has "provided training nationally" in such areas as "domestic terrorism" and the use of "Confidential Informants." It also prominently mentions his connections with the so-called Southern Poverty Law Center, a quasi-private political police and propaganda agency that indoctrinates law enforcement agencies about the supposed threat posed by political non-conformists.

When Brutsche was released from jail, Majewski offered to introduce him to others who shared "Sovereign" views – all of whom were police operatives as well. At some point, the group was expanded to include a 67-year-old woman named Devon Campbell Newman, whose role in this affair was to provide a "co-conspirator" who had no connection to the police force.

Over the next several months, Majewski and his comrades met with Brutsche and Newman thirty times, inflaming Brutsche’s already passionate resentment toward the Metro Police Force and manipulating him into participating in a police-orchestrated "plot" to kidnap officers, put them on trial, execute them, and dump their bodies in the desert.

This was a local adaptation of a familiar script used by the FBI in Homeland Security Theater operations targeting Muslims. Every element of the supposed plot to kidnap and murder police was devised by Majewski and his cohorts. Brutsche was reportedly receptive to the plan devised by the undercover operatives. Newman – an elderly lady who had never been in trouble with the police – would later claim that she wanted to extricate herself, but was afraid that either Brutsche or one of the others might kill her.

Shortly after the Roston inquest ended and the board resignations began, Majewski and a still-unidentified undercover operative decided to escalate the scripted "plot" to an operational phase.

On August 20, they summoned Brutsche and Newman to a meeting in abandoned warehouse that had been rented by the department. In a performance that merited Oscar consideration, the unnamed police operative denounced a recent police shooting and claimed that the victim was a fellow Sovereign. Playing a supporting role as a shill, Majewski insisted that there was no more time to wait – the kidnap-and-murder plan had to be put into effect.

Brutsche, significantly, came down with a case of cold feet. Newman, who was already terrified about her own welfare, was brow-beaten into saying that she would participate. That was enough to overcome Brutsche’s reluctance. As the two patsies left the warehouse, a SWAT team descended on them. A few hours later their grim and sullen mugshots were ubiquitous in media accounts describing how the Metro Police had infiltrated and disrupted a devious plot by "anti-government extremists" to abduct and murder police.

A typical news account drawing on Metro’s press releases following the arrest claimed that "Undercover Metro officers infiltrated the group … [and learned] of their detailed plans to `snatch and grab’ random police officers, try them for treason in a `sovereign’ court and execute them…."

All of this is a lie, of course: There was no "group" before Metro arrested Brutsche on a pretext and stuck him in a cell with Majewski, who was also the one who created the "detailed plans" as part of the false-flag op.

But such details mattered as little in the Metro-orchestrated homeland security theater production as they do in the department’s Potemkin police shooting reviews. The objective was to trigger an avalanche of melodramatic headlines – supplemented with appropriately alarming courtroom photos – describing a deadly plot against the heroic Metro Police, and to associate criticism of the agency with a convicted child molester.

It won’t stay in Vegas

In every homeland security theater operation, the initial headlines about the foiled "plot" are stentorian, and subsequent corrections are issued sotto voce. The purported Las Vegas police murder conspiracy follows the standard formula: On September 25, the Clark County DA dropped all murder conspiracy charges against Brutsche and Newman, who now face a single count of conspiracy to commit kidnaping.

This is a prelude to a plea agreement that will probably dispose of the case without the inconvenience of a trial that would expose the methods used by Majewski and his local troupe of Homeland Security Theater Players.

Here’s the murderous irony at the heart of this matter:

Las Vegas, like every other city, does face a lethal threat from people who consider themselves emancipated from the law and entitled to kill without accountability. Like the Sovereigns, those people speak in a specialized language that supposedly legitimizes their lawlessness, and that makes no obvious sense to rational people who don’t belong to their clique. The Las Vegas branch of this domestic terrorist movement maintains a fraudulent "court" where criminal actions, up to and including murder, are ratified. However, the crimes committed by that state-sanctioned terrorist syndicate are neither hypothetical, nor uncommon.

Speaking with reporters from the Clark County Jail, Brutsche observed, correctly, that police in Las Vegas are "terrorizing" people and warned that "if this can happen to me, it can happen to anyone." One objective of the Metro Police Department’s Soviet-grade psy-op was to put those words in the mouth of a convicted sex offender, in the expectation that people would revile the messenger, rather than examining the message on its merits. As long as Vegas residents are focusing on David Brutsche, they won’t remember the murderous crimes committed by Brian Yant, Bill Mosher, or other Metro Cops.

This cynical Homeland Security Theater production has played very well in Vegas, and there’s every reason to believe that the people responsible for it will soon take it on the road.

 
Original report here


 

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Monday, September 30, 2013




 

Woman says her 10-month-old puppy was shot in the head after asking officers not to shoot it… twice



On September 22, Anna "Chrissy" Music-Peed, of Macon, GA, drove to the Jones County Sheriff’s Department to request an officer come to and investigate a vehicle that had been brought to her property by an acquaintance, that both she and her roommate strongly suspected to have been stolen. Music told policestateusa.com that it was a Nissan Xterra from Virginia Beach, VA.

As Music wrote in a blog post, "I will not have that influence around my family," saying she was trying to do the right thing by making a report. The acquaintance was still on the property and Music had not let on that she had gone to talk to the police.

Music wrote on that while she was providing officers with details of the stolen property, and the individual who had brought it over, she also explicitly told the police not to shoot her dogs. "The puppy may jump, we have been trying to get her out of that," Music explained, stating that the dogs were friendly puppies. She said the officers laughed and told her not to worry about it.

Unconvinced, she emphasized again: "PLEASE don’t shoot my dogs, they are my babies." The officers asked her to stay at the station while units were sent to her home to obtain the property and arrest the individual who may have stolen it. Her dogs, Ammo and Half-Pint, and roommate, Kyle Sewall, age 22, waited at home.

Sewall gave his account in an exclusive interview with policestateusa.com. "I was waiting on officers to arrive, Ammo needed to go the bathroom and she had been whimpering for 15 minutes. So I gave in and let her out," said Sewall. "The person who had stolen the property was outside cleaning the stolen vehicle with a shop-vac and while I kept an eye on Ammo I was talking to him playing it cool." He continued:

"About 5 minutes later is when the sheriffs pulled up, came flying in. Sgt Little was exiting the vehicle and as he was exiting I noticed he already had his sidearm trained on Ammo who was just sniffing around the ground wagging her tail. And then she looked up at him, did not growl, did not bark, and before I could say anything he fired his weapon. Shot her point blank in the head," Sewall told policestateusa.com.

"I went to go rush toward Ammo and he trained his weapon on me," Sewall explained. "I identified myself saying, ‘I am Kyle, lower your weapon.’ He did and they allowed me to tend to Ammo."

Ammo the Dog after coming out of anesthesia. (Source: Facebook)

Ammo the Dog after coming out of anesthesia. (Source: Facebook)

Ammo, the 10-month-old pit bull / mastiff puppy, had been struck in the head with a .40 caliber slug, fired by Sergeant D. Little of the Jones County Sheriff’s Department. While Sewall tended to the wounded animal, officers investigated the vehicle and arrested the man who was in possession of it. Animal Control showed up and asked if Sewall wanted to euthanize the dog. Sewall declined.

Some time later, Music returned to the home after being allowed to leave the sheriff’s office. She found Sewall behind a kiddy pool with a strange look on his face. He was cradling her puppy in his arms. "They shot her," Sewall said.

Music asked Sgt. Little why he had shot her dog, after she had explained to him and other deputies that it was a friendly, harmless puppy, and explicitly had asked him not to shoot it.

Music says that Sgt. Little denied that she had told him this, but that an accompanying deputy confirmed her account. Rather than continue to argue she quickly scrambled to make emergency arrangements to have Ammo treated by a veterinarian on a Sunday.

She found an animal hospital and got her dog X-rayed and bandaged up. The bullet had traveled down the dog’s skull into its neck, where it disappeared from the X-ray. She relayed on Facebook, "They said that Ammo NEEDS this surgery to survive. We need at LEAST $800.00 for the surgery."

Music contacted Captain Mitchell of the Jones County Sheriff’s Department, whom she says told her that the dog was shot because it "charged at" Sgt. Little, which contradicts Sewall’s eyewitness account.

It was only a year ago when Sgt. D. Little shot another dog in Jones County; an American Bulldog named Eden. "It is officers like Sgt. Little, who lack discipline and necessary training and firearm safety, that pose a threat to the very people that they swore and took an oath to protect," Sewall told policestateusa.com.

Ammo’s chances of survival depend on that surgery and the owner needs help in funding it.

Original report here

 

 

 

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Sunday, September 29, 2013



TX: Prosecutor of wrongfully convicted man resigns

You wonder what goes on in the mind of a prosecutor who hides exculpatory evidence. Had all the available evidence been led, a conviction would have been most unlikely. As it is, the real murderer goes free. How can you have that on your conscience -- if you have a conscience? Previous report on the case on this blog on April 22

Williamson County state district Judge Ken Anderson, who oversaw the wrongful murder conviction of Michael Morton in 1987, submitted a letter to Gov. Rick Perry on Monday resigning his position effective immediately.

Anderson is facing both civil and criminal court proceedings for his role in prosecuting Morton for the 1986 murder of his wife, Christine Morton. Attorneys for Morton allege that Anderson withheld critical evidence that pointed to Morton's innocence and that he lied to the judge about the existence of that evidence.

Morton was sentenced to life in prison and spent nearly 25 years behind bars before DNA testing revealed that he was innocent and connected another man to his wife's killing. He was released from prison in 2011.

Morton and his lawyer, John Raley, declined to comment about Anderson's resignation. Anderson's lawyer, Eric Nichols, did not immediately respond to a request for comment.

Anderson was appointed to the bench by Gov. Rick Perry in 2002 and the State Bar of Texas named him "Prosecutor of the Year" in 1995. Perry responded to Anderson on Monday with a letter accepting the resignation and thanking the longtime prosecutor and judge for his service.

The State Bar filed a disciplinary case against Anderson last year, and the trial is scheduled to begin on Monday in Williamson County. Anderson could be disbarred if he is found to have violated professional rules of conduct in securing Morton's wrongful conviction.

Anderson is also facing criminal charges after Tarrant County state district Judge Louis Sturns, following a court of inquiry in February, charged the former prosecutor with tampering with government records (a misdemeanor), tampering with physical evidence (a felony) and failing to comply with a judge's order to turn over such evidence, for which he could be held in "contempt of court."

Anderson has said that he regrets the errors of the justice system in Morton’s case. But he has maintained that he committed no wrongdoing in the prosecution.

During their investigation of Morton's case, Raley, of the Houston law firm Raley & Bowick, along with Barry Scheck and Nina Morrison of the New York-based Innocence Project, discovered evidence that they allege Anderson deliberately withheld from defense lawyers and from the judge in the case.

Among the items was a transcript of a phone call in which Morton’s mother-in-law recounted to police a conversation with her 3-year-old grandson, who said he saw a "monster" beat his mother to death. He said Morton, his father, was not at home when the beating happened. They also found reports from neighbors who told police that they saw a man in a green van park near the Mortons' home and walk into the nearby woods several times before the crime.

The State Bar conducted a 10-month investigation after a grievance was filed against Anderson in the case. The State Bar’s Commission for Lawyer Discipline wrote in its court filing that Anderson knew of the evidence and withheld it. The filing also alleged that Anderson made a false statement to the court when he told the judge he had no evidence that could be favorable to Morton’s claims of innocence.

His conduct, the State Bar commission wrote, violated five of the state’s Disciplinary Rules of Professional Conduct.

A spokeswoman for the State Bar did not immediately respond to a phone call requesting comment.

Original report here

 

 

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Saturday, September 28, 2013




After wrongful conviction, second man to be tried in murder

Crooked lawyer involved

State and federal prosecutors have had two explanations for how Robert Long ended up dead. In the first, he was killed over a dispute with a drug dealer. In the second, he was killed because he agreed to testify against one of his co-conspirators in a scheme to steal construction equipment.

The first explanation — backed up by two eyewitnesses — proved good enough for a Baltimore jury to convict Demetrius Smith of murder in 2010. But authorities now acknowledge that account was wrong, and Smith has been freed.

At a trial scheduled to begin Tuesday, federal prosecutors plan to lay out the second explanation as they seek to convict Jose Morales of organizing Long's death.

"It's a murder case that the government feels strongly about because of the principle it stands for," Assistant U.S. Attorney Sandra Wilkinson said, according a transcript of a hearing in a related case. "[Smith] is a man who is innocent, has been convicted of a murder that he didn't commit, and the government's effort to undo that wrong starts with Jose Morales."

Morales' involvement, alleged in filings in the federal case, came to light after he and his attorney were charged in separate federal investigations.

Morales, 37, is accused of hiring a member of the Dead Man Incorporated prison gang to kill Long in March 2008, after Morales learned that Long was working with authorities against him.

Morales' name had surfaced in the original investigation — police said they discovered that he had made threats against Long — and Smith's lawyer sought to identify him as another potential suspect at the trial.

Police never interviewed Morales, and prosecutors called two eyewitnesses who testified they saw Smith arguing with Long before shooting him.

"None of the evidence led to Mr. Morales," a detective testified, according to court documents.

Morales' attorney declined to comment.

But while police zeroed in on Smith, federal authorities were uncovering elements of the case against Morales. "The government was quite aware that there was a possible injustice floating around the Baltimore City courthouse," Wilkinson said, according to the hearing transcript.

Nancy Forster, the attorney who prepared the appeal, said that despite her misgivings about the evidence, there was not much she could do.

"I wasn't surprised that the jury found him guilty because when you have any eyewitness come in and testify, 'I saw this person shoot this person,' a jury's not going to ignore that," Forster said.

Morales had confessed his role in the killing to his longtime lawyer Stanley Needleman shortly after it happened, prosecutors wrote in filings in the federal murder for hire case, but Needleman thought the information was protected by attorney-client privilege.

It was Morales himself who poked a hole in that normally ironclad protection, prosecutors wrote.

A month after Smith was charged with murder in Baltimore, federal authorities arrested Morales at a Texas airport on charges of trying to smuggle six kilograms of cocaine back home. In an interview with one agent, Morales said it was Needleman who had arranged for Long to be killed, according to a summary of his statement included in court records.

Morales later recanted that story, according to another filing. But Needleman felt that Morales' attempts to implicate him in the killing opened the door for him to tell federal authorities in Baltimore what he knew, in hopes they might show leniency on separate tax evasion charges he faced.

Needleman's attorney declined to comment.

As the federal investigation proceeded, Smith filed a motion for a new trial based on the new evidence, and the charges against him were dropped in August 2012. He was released this year after spending almost five years in custody.

"The wrongful conviction of Demetrius Smith illustrates how easily under certain circumstances an innocent person can be convicted of the most serious crimes," said Smith's attorney, Michelle Nethercott.

Original report here

 

 

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Friday, September 27, 2013



Rambold released from prison after serving 30-day sentence for rape



Stacey Rambold, the former Billings teacher whose 30-day sentence for raping a 14-year-old student brought scorn on a Montana judge from across the country, was released Thursday morning from the Montana State Prison.

Prison spokeswoman Linda Moodry said Rambold was set free at about 9:30 a.m. after completing the sentence imposed on him by Yellowstone County District Court Judge G. Todd Baugh on Aug. 26.

Rambold, 54, was ordered by Baugh to serve 15 years in prison, with all but 31 days suspended, for the 2007 rape of Cherice Moralez, who later committed suicide.

Rambold was given credit for one day served.

Rambold served his month-long sentence at the Martz Diagnostic Intake Unit, a prison facility adjacent to the main prison grounds in Deer Lodge where new inmates are screened before being placed in a more permanent housing unit, Moodry said.

Moodry said it appears Rambold served his time without incident. There is no record of any disciplinary issues at the prison involving Rambold, she said.

About four hours after he was released from prison, shortly before 1:30 p.m., Rambold arrived at the state Probation and Parole office on South 27th Street in Billings.

Rambold emerged from the office about an hour later and was met by several news crews. He did not respond to questions as he got into a waiting car.

Rambold will now be required to check in regularly with a probation officer in Billings to begin the probationary term of his sentence, which is set to end in 2028.

Rambold will also be required to register with the Yellowstone County Sheriff’s Office as a sex offender.

Moralez’s mother, Auliea Hanlon, said Wednesday she is disappointed that Rambold’s sentence didn’t keep him behind bars for a much longer time. "It came very quickly," she said of Rambold’s release from prison. "It seems like yesterday he went in."

The sentence Rambold received, and statements made by Baugh about the victim, caused an uproar as national and international media outlets reported the story.

Moralez committed suicide in February 2010, shortly before her 17th birthday and while the criminal case against Rambold was pending in District Court.

A protest gathering on the courthouse lawn two days after Baugh announced the sentence drew hundreds to downtown Billings. Protesters demanded Baugh’s resignation, complaining that the sentence showed a bias against rape victims.

During the sentencing hearing, Baugh described Moralez as "older than her chronological age" and "as much in control of the situation" as Rambold, her former teacher.

Baugh apologized for the statements two days later, but the gesture failed to quiet his critics. Earlier this week, a formal complaint seeking the judge’s ouster was filed with the state Judicial Standards Commission.

The Montana Attorney General’s Office has also filed a notice of intent to appeal the case to the Montana Supreme Court. Prosecutors say the sentence imposed by Baugh was illegal because state law requires a mandatory minimum sentence of two years in such cases.

Hanlon said she holds out hope that the state’s highest court will "do the right thing" and order a longer sentence.

Court officials said the appeal process could take between six and 18 months.

Hanlon said she believes the appropriate sentence for Rambold is that recommended by the prosecution at Rambold sentencing hearing; 20 years in prison with 10 years suspended.

Hanlon also said she has had nothing to do with the complaint filed against Baugh. The complaint to the Judicial Standards Commission was filed Tuesday in Helena by representatives of the Montana National Organization for Women and a women’s rights group known as UltraViolet. "Stacey Rambold is my business, not Judge Baugh," Hanlon said.

The case began in 2007, when Rambold was a Senior High business and technology teacher and Moralez was a freshman at the school. Prosecutors said Rambold groomed Moralez, whom they described as an at-risk child, for a sexual relationship.

Moralez later told a church counselor about her relationship with the teacher. The counselor told Hanlon, who reported the allegations to police.

Rambold, who had been warned by school officials in 2004 about inappropriate behavior toward female students, was immediately placed on paid leave while the school district and police conducted separate investigations.

Rambold later resigned his teaching job, and he was charged in 2008 with three counts of sexual intercourse without consent. Prosecutors said Rambold and Moralez had sexual contact at least three times, including once in his school office. Two other incidents occurred in Rambold’s vehicle and at his residence, prosecutors said.

The age of consent in Montana is 16.

Moralez’s suicide in 2010 eventually led to a deferred prosecution agreement between Rambold and prosecutors, who said at the time their case was severely hampered by the victim’s death.

The agreement required Rambold to complete a sex offender treatment program and, among other requirements, make a written confession to one of the three felony rape charges.

In return, prosecutors agreed to dismiss the case outright in three years if Rambold adhered to the terms of the agreement.

But the charges were revived last November when prosecutors learned that Rambold had been terminated from the sex offender treatment program. Rambold was kicked out of treatment for not telling counselors that he had contact with the minor children of relatives and had a sexual relationship with an adult woman.

In April, Rambold pleaded guilty to the rape charge he previously confessed to as part of the deferred prosecution agreement. Prosecutors agreed to dismiss the other two charges in exchange for his guilty plea.

Original report here

 

 

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Thursday, September 26, 2013





 

Crook run down and killed by Florida police car



Marlon Brown [above] was spotted by DeLand, Florida, police on May 8 for allegedly not wearing a seatbelt, and decided to do a runner when they attempted to pull him over.

When he reached a dead-end, he stopped his car and fled on foot.

Dashcam footage shows a second police car slamming through bushes and hitting Brown head on as he falls to the ground.

A loud thud is heard as Mr Brown disappears underneath the car. "I think he’s underneath the (expletive) car," a voice can be heard off camera.

Mr Brown’s family made the decision to release the footage after a grand jury decided not to indict officer James Harris on a charge of vehicular manslaughter, reports CNN .

"We knew it wasn’t going to be an easy video to watch," said Krystal Brown, the ex-wife and mother of Mr Brown’s children. "But in order to obtain justice, and that’s what we’re looking for, we knew it was something that we had to do."

During a press conference, the Brown family’s attorney, Benjamin Crump, said: "Marlon Brown was executed in a vegetable garden."

The family has already received a payout of $550,000 from the city of DeLand, albeit never admitting any fault, according to Ms Brown.

"We’re just asking for justice, nothing extra. Nothing no one else would want for their family member. "We would have had no problem getting a call that morning saying, ‘OK Marlon ran from the police and we had to tase him’ or ‘the dogs bit him’ or something more along the lines of not using excessive force," Krystal Brown said. "But to get the call that he has been ran down with a vehicle for running from the police? That doesn’t fit."

She added that the family was "disappointed" and "felt let down by the criminal justice department".

"Just knowing what the charge entails, it doesn’t have to show intent — it only has to show reckless driving," she said.

DeLand Police Chief William Ridgway has been delicate in his handling of the situation, telling CNN in a statement: "The actions taken by Officer Harris that night are not consistent with our department’s training, directives, or accepted practices or techniques."

The department are conducting an internal review into the incident.

Mr Brown was a known crook to police, arrested more than a dozen times. According to ocalapost.com he had 18 misdemeanour charges against his name, plus five felony charges and three felony convictions.

Original report here

 

 

 

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Wednesday, September 25, 2013





Some police thuggery in Ohio

An Ohio police officer was placed on paid leave earlier this week after a video showing him forcing a family — including a little boy — on the ground while brandishing a taser was widely circulated on the Internet.

Washington Township Officer Eric Hart pulled over Cassandra Meyers for allegedly altering her license registration, according to The Blade. Moments later, her father in law, Aaron Tatkowsi, pulled up in a truck and reportedly confronted the officer.

"I’m [expletive] sick of you cops," Tatkowsi allegedly shouted at the officer. "I’m [expletive] sick of you harassing people for no reason." According to Tatkowsi, he then obeyed the officer’s instructions to get back into his truck.

"He hollered for me to get back in my truck so I got back in my truck," Tatkowsi told WTOL-TV. "Next thing you know, I’m yanked out of the truck and it made my girlfriend say a few things. He yanked her out of the truck."

Hart’s police report, however, tells a different story, saying that Tatowski was forced to lie on the ground because he would not follow instructions to go back into his truck.

Tatkowsi, nonetheless, told WTOL-TV Hart threw him, his girlfriend, Meyers and his 14-year-old son to the ground. The man also claims he was trying to comply with the officer’s orders, but was worried because his two granddaughters were still in the backseat of his truck.

In the video, the officer can be seen pointing his taser at the individuals. According to the police report, Hart also unholstered his handgun.

A woman can be heard shouting at Hart, throughout the incident. She reportedly alleges the officer smashed her cell phone when she attempted to dial 911. Later in the video, Hart can also be seen tossing another man’s cell phone to the ground when he dials 911 for help.

Police Chief Christopher Kaiser said his department had ordered an investigation into the officer’s conduct, but was unsure how long it will take.

"He’s not in trouble, but to keep things aboveboard, we put him on administrative leave until an internal investigation is fully complete," Kaiser said. "I’m not saying he did anything wrong, but we’re trying to show we’re not trying to sweep this under the rug or cover it up.

Tatkowsi pleaded not guilty to charges of misconduct at an emergency, obstructing official business, and resisting arrest.

Original report here

 

 

 

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Monday, September 23, 2013




 

The People Will Not Stand By as Lone Man is Beaten by goons once Subdued

A lesson for U.S. police? Probably not. They already know to do their dirty deeds out of the public eye



This crowd of soccer fans WON’T stand for such wanton use of force and power, as these 4 goons quickly learn. After looking closely, you can see one motion to the other who is jabbing with a blackjack to tone it down, but it’s too late, the crowd has seen, and the crowd will not sit idly by as witnesses to such behavior, and decide to dish it back.

The game was in Switzerland, a local team versus a major team from Portugal (Benfica), a Portuguese supporter ran with a sign onto the pitch saying that his family was supporting the referee, who happened to be Portuguese too.. He was caught and got a beating from PRIVATE SECURITY (men in black), who forgot that most of the spectators were Portuguese supporters too.

 

 

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Sunday, September 22, 2013



NJ Prosecutor Blocks Release of Man Who Claims Wrongful Conviction

Prosecutors Get 30 Days To Prove He Wasn't Jailed 2 Decades For Nothing

Hope turned to disappointment inside a New Jersey courtroom on Thursday. Lawyers for a man convicted of murder said new DNA testing proves he is innocent. However, prosecutors were not ready to say the man was wrongfully imprisoned, CBS 2’s Tony Aiello reported.

Gerard Richardson entered court with a smile for his family and hope in his heart that he might walk free. But it was not to be, much to his daughter’s dismay. "Sad, ‘cause I really miss him. I just wish this all was over with and he got his life back. That’s it," Vivian Nash said.

Richardson has served almost 20 years for a murder he has always insisted he did not commit.

It happened in 1994. A battered body was found in a ditch off Old Stage Coach Road in Bernards. Her name was Monica Reyes. She occasionally sold drugs for Richardson, Aiello reported.

At trial, bite mark expert Ira Titunik testified that a bite mark on the victim’s back was made by Gerard Richardson. The defense expert disagreed but the jury convicted.

"He stated on the day of his sentencing ‘I will never confess to what I didn’t do,’" said Kevin Richardson, Gerard’s brother.

Now years later a DNA test using new technology found the saliva taken from the bite mark did not come from Gerard Richardson.

"It was left by the person who killed her, and we have robust reliable DNA evidence that established a full profile that shows that person is not Gerard Richardson. This conviction cannot stand," said Vanessa Potkin of The Innocence Project.

On Thursday, Potkin asked a judge to toss the conviction, arguing that not only does the DNA point to someone else; the bite mark analysis is now viewed with suspicion by many in the legal field.

But prosecutor Tim Van Hise said not so fast. "It’s not as simple as counsel would have this court believe," Van Hise said.

Van Hise made clear he still believes Gerard Richardson is guilty. He said he will defend the bite mark analysis and will argue the DNA on the victim could have come from an accomplice.

Judge John Pursel clearly feels the case against Gerard Richardson is now very weak, but he gave the prosecutor 30 days to convince him otherwise.

The judge asked the defense if Gerard Richardson would make a bail application, a clear indication he is troubled by the case, Aiello reported.

Original report here

 

 

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Saturday, September 21, 2013




British cops could face charges over men's wrongful murder conviction

Watchdog hands files on 14 officers to prosecutors after senior judges find 'serious perversion of course of justice'

Fourteen police officers could face charges after senior judges found a "serious perversion of the course of justice" in a murder case in which five men were wrongly convicted over a gangland murder.

Information undermining the credibility of the main witnesses was kept from defence lawyers in a case that the court of appeal described as "shocking" when it quashed the murder convictions. On Friday the Independent Police Complaints Commission said files would be sent to prosecutors on 14 police officers, including four of the most senior in Britain.

In 2008, five men were convicted and received life sentences totalling a minimum of 135 years for the murder of Kevin Nunes, who was taken to a country lane and shot dead in a drugs feud in 2002.

The prosecution case was left so flawed that the Crown Prosecution Service did not oppose the convictions being overturned last year by the court of appeal, nor did it seek a retrial. The court of appeal judgment demanded action against those responsible, with senior judges saying that they hoped "appropriate measures will be taken against those responsible for what appears to us to be a serious perversion of the course of justice, if those measures have not already been taken.

It is to be hoped that lessons will be learned from this shocking episode," the court said. The murder was investigated by the Staffordshire force and concerns led the court to ask the Criminal Cases Review Commission to investigate. Its findings led to an investigation ordered by the IPCC, which was and carried out by the chief constable of Derbyshire, Mick Creedon.

The Guardian revealed in 2011 that four police chiefs, who had served in the Staffordshire force, were under investigation by the IPCC. They are the chief constable of Gloucestershire police, Suzette Davenport, Northamptonshire's chief constable, Adrian Lee, the West Midlands assistant chief constable, Marcus Beale, and the Staffordshire assistant chief constable, Jane Sawyers.

They were issued with regulation 14 notices in December, informing them that their conduct was under investigation, a measure not meant to imply any wrongdoing. All four police chiefs have continued their duties since the IPCC criminal investigation began, and they have been interviewed under criminal caution.

Failings in the case were revealed by a senior detective turned whistleblower and concerned a key prosecution witness, Simeon Taylor, who claimed to have witnessed the murder of Nunes. In its judgment the court of appeal said the detective "states that there was a decision to deliver Simeon Taylor to court to secure his evidence. He believed that Simeon Taylor was promised a substantial cash reward in return for his co-operation. He believed it amounted to an inducement. Those involved in this included those responsible for the handling of Simeon Taylor."

Original report here

 

 

 

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Friday, September 20, 2013




Perverted text sent by British auxiliary cop to schoolgirl, 14, after sending indecent picture of himself

A police community support officer has been jailed today for grooming a 14-year-old schoolgirl online and begging her to send him explicit pictures.

Liam Austerfield, 28, had over 300 exchanges with the child by text and Facebook when police seized his mobile phone, laptop and computer.

During one exchange he sent an indecent picture of himself and told her: 'If you want to see more you have to show more'.

Today Austerfield was jailed for 15 months at Sheffield Crown Court. He had admitted three counts of making indecent images of children, one count of possessing 13 indecent images of a child and one count of inciting a child to engage in sexual activity.

The 28-year-old was serving with the North West neighbourhood policing team in Wakefield, West Yorkshire, at the time of the offences.

He was suspended from duty while an investigation was carried out, prompted by concerns raised by the girl's parents, and he resigned from West Yorkshire Police in April.

The court heard that communication between Austerfield and the girl 'started on innocent terms but after a short period of time it turned to topics of a sexual nature'.

Michael Rawlinson, prosecuting, said: 'He requested naked images of her but the girl didn't send naked images despite his requests. 'She sent pictures of herself in her pyjamas and her bra and knickers instead. 'He knew full well how old this complainant was.'

Jailing Austerfield, Judge Roger Keen QC said: 'Instead of behaving properly, you abused the trust the community placed in you in order to gain sexual satisfaction.

'You have brought a great deal of distress to your own family but more importantly your actions have had a profound effect on your victim and her family.

'Your position if further aggravated because of your work at the time. 'You corrupted this girl and as a consequence her life has been greatly affected. 'Your position in the community takes this well outside the appropriate guidelines.'

After police seized his mobile phone and laptop following his arrest on March 21, they discovered Austerfield had searched the internet for 'pre-teen taboo'.

Mr Rawlinson said Austerfield claimed to be 'heavily intoxicated when the worst of the incidents took place and could recall very little about them'.

Describing the victim impact statements written by the girl's parents, Mr Rawlinson said: 'Her mum feels that the incident has destroyed her family due to the stress of it. 'She has separated from the girl's father following so many arguments and she blames herself for what happened. She feels it has set her daughter back a very great deal.'

Alison Dorrell, mitigating, said: 'This is a serious breach of trust. He was well aware from the outset of her age.

'He has lost his good character. He has lost a career he enjoyed and he now has no prospect of ever becoming a police officer. 'He has thrown away all the progress he at 28 had made in his life. His family are dismayed at having to support him through a crown court case.

'He spent two years working in the community and he had been well thought of.'

Original report here

 

 

 

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