Have a safe and enjoyable holiday weekend.

Reporting on Hold is a post from PoliceMisconduct.net

• Update: Newport News, Virginia (First reported 05-20-13): An officer is charged with exposing himself to multiple people. The counts are now up to 12, which include seven counts of indecent exposure and five counts of making an “obscene sexual display.” He also faces a felony charge of taking indecent liberties with a child. http://ow.ly/lia0n
• Ogdensburg, New York: A police officer was arrested after he apparently had been drinking and tried to get into the wrong house. http://ow.ly/liisW
• Elgin, Illinois: The former deputy police chief was indicted for illegally accessing emails and using police resources for personal research. He was indicted on 16 counts of felony identity theft and four counts of official misconduct. http://ow.ly/lij3g
• Update: South Lake Tahoe, California (First reported 01-25-13): A police officer pleaded guilty to multiple counts of witness tampering and obstruction of an official proceeding. http://ow.ly/lixz5
• Stamford, Connecticut: Two veteran city police officers were suspended with pay while an investigation is conducted into a possibly inappropriate relationship with a 16-year-old girl. A police official said the allegations involve the officers “dating” the girl, though it was not known if the two had sex with her. http://ow.ly/lijnI
• Kokomo, Indiana: Two occupy protesters filed a federal lawsuit against sheriff’s officers who they say shoved one of them roughly into a wall and arrested them as they tried to enter the county courthouse. http://ow.ly/lil3u
• Update: East St. Louis, Illinois (First reported 05-13-13): A police detective facing federal charges resigned. He pleaded not guilty to charges that he conspired to distribute at least five kilograms of cocaine while on the police force. http://ow.ly/lisQt
• Philadelphia, Pennsylvania: A police officer was arrested and accused of working with his confidential informant to set up and rob a drug dealer. The affidavit states that the officer approached the informant and asked him to help him rip off drug dealers. The informant tipped off the FBI, who in turn set up a sting. http://ow.ly/litym
• Cleveland, Ohio: A police officer, who stabbed her boyfriend last year during an argument, has been fired. “The use of a weapon to inflict harm on another is inexcusable and unacceptable conduct by an officer of the Cleveland Division of Police,” said the Safety Director.
• Update: Boulder, Colorado (First reported 02-25-13): A former police officer who was arrested for a DUI was sentenced to 10 days of house arrest, one year’s probation and fined $400. She has since been fired. http://ow.ly/liwGe
• Clearwater, Florida: A police commander used a law enforcement database more than 100 times during a two-year period for “questionable” purposes. He inappropriately looked up personal information about individuals including his ex-wife’s boyfriend, a television news reporter and the wives of other police officers. http://ow.ly/liyjA
• New York, New York: A detective is accused of cyber-stalking his ex-girlfriend and hacking into the emails of other cops in his precinct because he thought she was cheating on him. In all, he allegedly tried to spy on more than 40 email accounts, including 21 with the NYPD, sources said. He is accused of hiring email hacking services to perform the break-ins. http://ow.ly/liAks

National Police Misconduct NewsFeed Daily Recap 05-23-13 is a post from PoliceMisconduct.net

Full story here.

Beaverton Cop, Fired & Rehired, Now Charged with Crime Against Child is a post from PoliceMisconduct.net

“Our son was a new kid in August, and this undercover cop befriended him,”  Snodgrass said. On the second day of school, Snodgrass said, Daniel asked the boy to buy drugs. “He asked my son if he could find marijuana for $20,” Snodgrass said. ”Three weeks later my son was able to bring back a half joint he received from a homeless guy.”

Later, Snodgrass said, “he asked to purchase my son’s prescription medication, but our son refused.”

It took the 17-year-old three weeks to procure a half joint of marijuana, according to court documents filed later in Riverside County juvenile court. After he was pressed again by the police officer, the student retrieved another joint for $20, from another homeless man, the documents said.

“During that time, he received more than 60 text messages from this undercover officer,” Snodgrass said. “Our son has a real problem reading social cues and social inferences because of his various disabilities. It would’ve been hard for him to figure to out that he was talking to an undercover officer.”

Snodgrass said his son had been diagnosed with autism, bipolar disorder, Tourette’s syndrome  and various anxiety disorders.

Temecula police arrested Snodgrass’ son, along with 21 other students, on Dec. 11. Snodgrass told ABC News that his son was interrogated, booked and held for two days without having contact with his parents.

Undercover Narco Befriends, then Busts, Autistic Teenager is a post from PoliceMisconduct.net

According to police, Dawkins, 22, a shuttle driver for the “PBS NewsHour,” was fatally shot by an off-duty Arlington County sheriff’s deputy. Family members say they are still struggling to understand why.

“He was a working guy. Didn’t bother nobody,” said Curtis Dawkins, Julian Dawkins’s father. “It’s just so sad and senseless that these things had to occur.”

The officer was interviewed, but not charged.  Police declined to offer details about the incident.

The Julian Dawkins Case is a post from PoliceMisconduct.net

• Lucas County, Ohio: A sheriff’s deputy was fired after a slew of charges were filed against her. A review board recommended the termination, which the sheriff accepted. ow.ly/lhYWq
• Hays County, Texas: A man has filed a lawsuit against officers. He was driving his car when a SWAT truck rammed his car head-on, and then was pinned in from behind by another police car. “I saw my windshield crack, and I ducked down as low as possible,” he said. “I really thought I was going to die.” Seconds later, he says, three deputies were pointing assault rifles at him. “That’s when I heard one of the officers say, ‘Oh, (expletive), we got the wrong guy,’” the man said. Even after the officers realized that he was not the suspect, they kept him in handcuffs and questioned him, and ran a warrant check that came up with nothing. They then let him go. He is suing for injuries sustained during the incident. ow.ly/lhMcr
• Waukesha County, Wisconsin: Sheriff’s officials say a detective was arrested for an OWI. He has 23 years of service with the department and was off-duty at the time of the incident. ow.ly/lhKE0
• Los Angeles, California: Prosecutors have filed charges against a veteran police officer who allegedly lured two young girls into his home and molested them. He pleaded not guilty to two felony counts of lewd acts on a child under 14 years of age. He is currently on paid administrative leave pending the outcome. ow.ly/lhzoH
• Spokane, Washington: A detective is being charged with second degree assault because of alleged assault against his girlfriend. ow.ly/ldDm9
• Update: Los Angeles, California (First reported 04-15-13): A sheriff’s deputy pleaded not guilty to assaulting a 19-year-old inmate in the back of a patrol car. “‘Every deputy charged with a felony is relieved of duty without pay’” pending the outcome of their case,” said a defense attorney. http://ow.ly/licqX
• Update: Battle Creek, Michigan (First reported 04-10-13): A police officer who was arraigned on alcohol related charges has resigned. The arraignment came for driving drunk and possessing a firearm while intoxicated. http://ow.ly/licMs
• Placer County, California: A 58-year-old truck driver has filed suit against the state of California and the Highway Patrol officers he says injured him. According to private medical records taken from the emergency room immediately after the incident on the highway, the truck driver suffered life-threatening injuries including a crushed left orbital eye socket, multiple facial fractures, a broken left arm, a concussion, unconsciousness and possible neurological damage. http://ow.ly/lihRE

National Police Misconduct NewsFeed Daily Recap 05-22-13 is a post from PoliceMisconduct.net

• Yamhill County, Oregon: A lawsuit has been filed claiming law enforcement officers used excessive and unnecessary force in making an arrest. The victim suffered a broken elbow and ribs during his arrest for resisting arrest. He was acquitted of the charge. ow.ly/ldpU7
• Monroe, Michigan: One of two former State Police lieutenants who served in the drug unit, and were charged in a police corruption case, has pleaded no contest to misconduct in office. “The Michigan State Police does not tolerate criminal behavior within its ranks,” the director of the MSP said in a statement. ow.ly/ldC7w
• Rogers, Arkansas: The police department has put a sergeant on paid administrative leave following his arrest on suspicion of choking his wife and threatening to kill her, deputies said. He was booked into a detention center and faces charges of aggravated assault on family, terroristic threatening, and third-degree domestic battery. ow.ly/ldqo6
• Spokane, Washington: An unidentified woman indicated to investigators that a police officer raped her. She claims the officer used the GPS location provided on Facebook messages to figure out where she lived. ow.ly/ldD03
• Update: Lakewood, Washington (First reported 06-28-12): A former police officer already convicted on federal charges for stealing donations from a fallen officers’ fund has admitted to identity theft and forgery. He acknowledged that he stole the identity of the accountant for the Lakewood Police Independent Guild to cover up the theft of the $159,000 from a fund established after four officers were killed. ow.ly/ldoPK
• Baltimore, Maryland: A police officer faces a second-degree assault charge after police and prosecutors accused him of overstepping his powers and beating a young man. ow.ly/ldn9f
• Update: Mendenhall, Mississippi (First reported 03-08-13): A former police chief already charged with demanding money or property in exchange for dropping criminal charges against people has been indicted on nine new federal counts. The new indictment says he sometimes made people sign over their vehicles in exchange for him dropping charges and also demanded cash payments, in one case $4,500. ow.ly/ldlMF
• Belmont, Massachusetts: A state trooper was convicted in court of extortion for threatening a gambler who owed their fellow bookie more than $3,000 in debts. He has been a trooper for more than 20 years. ow.ly/ldl7D
• Wilmington, North Carolina: The police department has placed an officer on administrative leave after he was in two car accidents in three days. ow.ly/lfbFa

National Police Misconduct NewsFeed Daily Recap 05-21-13 is a post from PoliceMisconduct.net

Driving in the early morning hours to his job at a metal shop in Buda, Miguel Montanez at first thought the approaching lights were a school bus or a tow truck.

But Montanez says it was a Hays County SWAT truck that rammed his car head-on. As they collided, another police vehicle pinned him from behind, he says.

He heard a shot.

“I saw my windshield crack, and I ducked down as low as possible,” Montanez said. “I really thought I was going to die.”

Seconds later, he says, three deputies were pointing assault rifles at him. “That’s when I heard one of the officers say, ‘Oh, (expletive), we got the wrong guy,’ ” Montanez said.

First there’s the close-call on an innocent person losing his life.  Next comes the troubling, circle-the-wagons response–which is 100% deliberate.

H/T: Instapundit

‘I really thought I was going to die.’ is a post from PoliceMisconduct.net

• Update: Prescott, Arizona (First reported 05-07-13): A deputy whose actions were investigated following a brawl involving a motorcycle club at a bar has been fired. The report released alleged that members of a law enforcement motorcycle club assaulted patrons at a bar, and high-ranking officers tried to cover it up. http://ow.ly/ldnMt
• Schaumburg, Illinois: A police officer has been suspended with pay for allegedly keeping a gun that had been turned in to the department. The same officer also faces scrutiny for a case involving heroin that allegedly went missing from a crime scene. http://ow.ly/ldrz3
• Update: Harford County, Maryland (First reported 04-19-13): A deputy has resigned after pleading guilty to accepting payments in exchange for providing unauthorized access to police databases. He was sentenced to five years in prison and a $1,000 fine, all of which was suspended. He was placed on three years of supervised probation. http://ow.ly/ldsrc
• Sterlington, Louisiana: The assistant police chief has been indicted by a grand jury in connection with an investigation into the sale of fake moonshine to minors. He was charged with intimidating witnesses, unlawful sales to persons younger than 21, and more. http://ow.ly/ldgDX
• Marinette, Wisconsin: An officer has been charged in a misdemeanor complaint alleging that he forged and cashed checks to support his gambling addiction. If convicted, he could spend up to nine months in jail for each count. http://ow.ly/ldhV6
• Lee County, Florida: A deputy and his girlfriend were arrested after 30 marijuana plants were found growing in their home. They are facing possession and production charges and the deputy was fired. ow.ly/ld9AM
• Update: Panola County, Texas (First Reported 05-06-13): The now-former sheriff pled guilty to tampering with a government document. He was sentenced to three years probation and surrendered his peace officer’s license. ow.ly/lcEzZ
• Terrell County, Georgia: A deputy has resigned after an internal investigation into a high-speed chase that ended with a crash. The sheriff says the deputy chased a motorcyclist when he shouldn’t have, and also failed to turn on his dash cam. With no video, the sheriff was left with some unanswered questions. ow.ly/lcE6Z
• Newport News, Virginia: A police officer has been indicted on a felony charge of indecent liberties with a child, arrested for a second time. A grand jury indicted him on one count of felony indecent liberties with a child under the age of 15, five counts of misdemeanor obscene sexual display and seven counts of misdemeanor indecent exposure, according to a police department news release. ow.ly/lbD5V
• Update: Newark, New Jersey (First reported 05-09-13): A police officer admitted he scammed his insurance carrier out of more than $10,000. It is the second time this month that he has pleaded guilty in a fraud case. http://ow.ly/ldj4P
• Okolona, Mississippi: A trial will be held for a police officer charged with DUI-other substance by the Mississippi Highway Patrol. ow.ly/lbEhB

National Police Misconduct NewsFeed Daily Recap 05-20-13 is a post from PoliceMisconduct.net

Our job here is to gather news reports about police misconduct in America in a fair and unbiased way.  Our primary objective is to study the scope of the problem and to identify policies that can minimize misconduct.

This site is hosted by the Cato Institute, the world’s leading libertarian think tank.  We expect thousands of new visitors here today because Cato’s marketing team is blasting a notice about our work far and wide this morning.  So, if this is your first visit, welcome!  Quick virtual tour: Over on the right margin of the home page, you will find the stories we are tracking today.  On the main page (where you are looking now), we post a “Daily Recap” of the stories from the previous day along with additional details we could not include in a tweet.  There is always a link to our news story source for anyone who wants to read the full story.  We are as transparent as possible.  In addition to the recap, we also use the main page to highlight stories or news articles on related aspects of the American criminal justice system.  You’ll also see links to Cato books and events–these resources are offered to persons who wish to deepen their understanding of our constitutional rights and police misconduct issues.  At the top of the page, you’ll find links for additional background information, including Frequently Asked Questions.

Let me take a moment here to mention a few other things.  First, whether you are a regular reader or first time visitor, one easy way that you can help this project is by spreading the word–so please take two minutes to go over to our Facebook page and “Like” us and recommend us to your friends.

Second, we invite you to work with us.  We want to expand our reporting capacity.  We’re grateful to the dozens of readers who take a moment out of their day to send us police misconduct stories that they come across in their own community, or just as they scan the news generally.  As we grow, we’ll eventually have ‘scouts’ in all of our major metropolitan areas–and beyond.   Consider doing this yourself.  Really.  If you read the news and can email, you’re qualified!   We will not interrupt your evening with phone calls asking you to renew your support.   We don’t roll like that.  Help us out whenever you can.  Here is our form for story submissions.

We’re pleased with the work we have done over the past year, but we will be striving to do better work in the coming months and years.  Thanks for visiting!

One-Year Anniversary is a post from PoliceMisconduct.net

• Boynton Beach, Florida: A police sergeant has been fired for downloading pornographic images while on duty. The city manager, in his termination letter, wrote, “There are several contradictions in your remarks pertaining to your use of the laptop at work and whether or not you personally accessed pornographic sites on your computer.” ow.ly/l8l54
• Tisbury, Massachusetts: An officer has a court date after he allegedly interfered with firefighters and threatened to kill two police officers responding to a blaze at her home. ow.ly/l8jxd
• Horry County, South Carolina: A former police officer, who is facing a domestic violence charge, pleaded guilty to a charge of misconduct in office. The domestic assault occurred while he was on duty. ow.ly/l8iVC
• Update: Prince George’s County Maryland (First reported 09-04-12): A former police officer who faced criminal charges for striking a teen with a gun was found not guilty on all counts after a three day bench trial that revolved around surveillance footage of the incident. ow.ly/l8io2
• Washington Court House, Ohio: A police officer was sentenced to six years in prison after pleading guilty to burglarizing his ex-wife’s house. He used a sledge hammer to bust down the door of his ex-wife’s home and stole $300 worth of lingerie. ow.ly/l7xK6
• East Washington Borough, Pennsylvania: A former police chief is facing prison for offering paid protection to undercover agents he thought were dealing drugs and taking money to buy them stun guns only lawfully used by police. A U.S. attorney called the chief’s actions “stark and brazen criminal conduct” that violated both laws and ethics. ow.ly/l7w7C
• Fort Worth, Texas: A former high-ranking officer has officially lost his job after being arrested for DWI. “Public trust is the foundation of Public Safety. The Chief of Police is expected to hold all employees accountable for their actions, on or off duty, regardless of rank, tenure, or position,” the police chief said in a written statement. ow.ly/l7vOV
• Greensboro, North Carolina: Several students claim an officer used excessive force, and the department is looking into the incident. Their lawyer has said that he thinks the police overreacted. ow.ly/l6PjT

National Police Misconduct NewsFeed Daily Recap 05-17-13 is a post from PoliceMisconduct.net

A former Philadelphia police officer, once hailed as a hero and given a seat next to the first lady at a 2009 speech by President Obama, has been arrested and charged with rape and other crimes.

Authorities allege that Richard DeCoatsworth left a party with two females early Thursday and took them to another location, where they allege that he produced a handgun and “forced the two females to engage in the use of narcotics and sexual acts.”

Hero Cop Now Under Felony Arrest is a post from PoliceMisconduct.net

The federal judge who oversaw a dramatic, forced transformation of the Los Angeles Police Department has freed the department from the final vestiges of federal oversight….

The dismissal of the so-called consent decree, which arose largely out of the Rampart corruption scandal and addressed basic problems of accountability that stretched back decades, delivered a largely symbolic, but nonetheless important milestone for the LAPD as it continues to disassociate itself from a past marked by abuses and turmoil. Following revelations in 1999 that officers assigned to the LAPD’s Rampart Division were implicated in serious misconduct, including physical abuse of suspects, evidence tampering and perjury, public trust in the police plummeted and federal officials responded to calls from a growing chorus of critics for intervention.

LAPD Says Its Rehabilitation is Complete is a post from PoliceMisconduct.net

“I anticipate that the government will seek an order from the court holding Jerry in civil contempt,” said the lawyer, Susan V. Tipograph, adding that her client had refused to testify as “a matter of principle” and because “he has no knowledge whatsoever” about the bombing or who caused it….

Mr. Koch was subpoenaed to testify in front of a grand jury examining the matter in 2009, Ms. Tipograph said, and refused then with no consequences. She added that his continued refusal was motivated by a conviction that “the grand jury was being used in a manner to fish for information about the political movements he’s been involved in.”

Most Americans are unaware of the astonishing powers of grand juries.  To learn more, go here.

Jailed for Remaining Silent? is a post from PoliceMisconduct.net

• Springfield, Illinois: A newspaper reporter has filed a federal lawsuit alleging mistreatment by more than a dozen police officers over the last three years. He alleges that “malicious arrests and issuance of tickets were committed in retaliation … for filing a lawsuit seeking access to internal affair(s) files of police officers who have been accused of misconduct.” ow.ly/l6Qaw
• New York, New York: The parents of a 16-year-old boy shot by police say that he lay mortally wounded on the ground for 15 minutes before getting medical attention. ow.ly/l6PYG
• Leland, North Carolina: A police officer named in a wrongful arrest claim has resigned. He is one of two officers accused of falsely arresting a man. The man claims they cuffed him in a patrol car while his ex-girlfriend cleaned out his house, including his stuff. ow.ly/l6Nu3
• Colorado Springs, Colorado: A man who was wrongly detained by police for carrying a holstered pistol is suing the city and members of the Police Department. After the incident, police acknowledged the arrest was made in error, and the ticket was dismissed. ow.ly/l6FRY
• Northwest, North Carolina: A police officer was charged in connection to an ongoing prostitution investigation. The SBI charged the now former lieutenant with solicitation of a minor for prostitution and filing a false report. ow.ly/l6jRM
• Forks Township, Pennsylvania: A police officer who threatened his girlfriend with a shotgun pleaded guilty to a domestic crime. He has been fired. He admitted to two misdemeanor charges of simple assault, receiving three years of probation under a plea bargain in which he agreed to continue therapy and have his firearms destroyed. ow.ly/l6ht7
• Update: Fullerton, California: The California Supreme Court has declined the appeal of a former police officer, which means he’ll face trial in the death of a homeless man. ow.ly/l667x
• Park City, Utah: A now former officer was arrested on numerous felony charges after a routine audit revealed that possible criminal acts had been committed. He faces felony charges in a total of three cases, including multiple theft charges and one count of failure to keep and pay public money. ow.ly/l60QX
• Update: Northbrook, Illinois: A former police officer has been sentenced to two year probation after he agreed to plead guilty to charges that he stole jewelry from a home he’d been dispatched to check on. ow.ly/l5YEk
• Fountain, Colorado: A police officer was arrested by El Paso County Sheriff’s Deputies on suspicion of stalking. Deputies say a man reported he was being harassed and when they arrived the investigation revealed that probable cause existed for the charge of stalking, which is a class 5 felony. ow.ly/l5NTv

National Police Misconduct NewsFeed Daily Recap 05-16-13 is a post from PoliceMisconduct.net

• Manchester, New Hampshire: The estranged wife of a police officer testified that she was body slammed by her husband and suffered bruising to her upper thigh and right arm for confronting him about a secret email account he used to exchange photos with other women. The alleged attack happened in front of their 5-year-old son. After the incident he said to her, “Do not call the police because if you do I will get arrested. I will lose my job and you will end up with nothing.” ow.ly/l3Vtm
• Ashland, Kentucky: A former officer has pleaded guilty to possession with the intent to distribute Oxycodone and possessing a firearm during the commission of a drug crime. He stole the drugs from a person’s house, which he entered under guise of a warrant, while in uniform. ow.ly/l3RwJ
• Pittsburgh, Pennsylvania: An officer who allegedly ran a prostitution service has been cleared of that charge but convicted of numerous other crimes. The jury found him guilty of drug-related charges, insurance fraud, obstruction, making false statements to law enforcement, oppression, and conspiracy. ow.ly/l3JdY
• Update: Sacramento, California (First reported 05-13-13): A sheriff’s detective pleaded not guilty to a felony assault charge in connection with allegations he deliberately struck a teenager with a sheriff’s vehicle. He is on paid administrative leave pending the outcome. ow.ly/l3Izd
• Wellford, South Carolina: An officer was arrested by state agents after they said he sexually and physically abused a vulnerable adult. The State Law Enforcement Division said that he sexually battered and physically abused the victim who suffers from a mental condition impairing her from providing her own care or protecting herself. ow.ly/l3qYx
• St. Paul, Minnesota: The city will reach a $237,500 settlement with a man who says that police officers used excessive force and caused significant injuries that sent him to the hospital when they arrested him. The complaint says that as he raised his hands, one officer used a Taser gun on him, causing him to fall down the steps and then the other officer then kicked him in the face, knocking him out. ow.ly/l3qf7
• Update: Camden County, New Jersey (First reported 01-07-13): A police chief charged with harassing a female civilian employee has resigned. He was suspended when the allegations first surfaced. ow.ly/l3nfv
• Vallejo, California: The father of a 17-year old robbery suspect shot and killed by police has filed a federal civil rights lawsuit against the city. In the suit the father says his son was shot while his hands were in the air and he was shouting “don’t shoot.” Police say they shot him after he pulled a handgun when they tried to arrest him. ow.ly/l1ISz

National Police Misconduct NewsFeed Daily Recap 05-15-13 is a post from PoliceMisconduct.net

• Lakewood, Colorado: A state trooper on the job for less than six months has been placed on paid leave while he faces accusations that he had unlawful sexual contact with a woman while he was off-duty. ow.ly/l1DAd
• Milan, New Mexico: A police officer was arrested after he allegedly assaulted and restrained a female friend against her will. On another day, when the officer was intoxicated, he pointed his police weapon at her in a threatening manner. ow.ly/l1CK3
• St. Tammany Parish, Louisiana: The family of an Iraq war veteran, killed after an alleged confrontation with sheriff’s deputies, is suing the sheriff and the deputies who shot him, claiming they used unnecessary violence and excessive force when he was killed in his driveway. The lawsuit says that he was unarmed at the time of the shooting. ow.ly/l1vQV
• Update: East Hartford, Connecticut (First reported 04-11-13): An officer is facing accusations that he used excessive force on a 12-year-old boy and has been suspended for two weeks. “We’re here to serve the citizens,” said the police chief. “If we lose the trust of the community, it’s very difficult for us to serve the citizens in an effective and efficient way.” ow.ly/l1ouK
• Douglas County, Nebraska: A sheriff’s deputy has been fired, and prosecutors are evaluating whether criminal charges are appropriate. He was fired because he was acting inappropriately, although the exact reasons were not released. ow.ly/l13ZP
• Lake County, Illinois: A deputy has been accused of soliciting sex from a prostitute. He was charged with one count of obstruction of justice and one count of solicitation of a sexual act. ow.ly/l0ZKp
• Update: Atlantic City, New Jersey (First reported 03-13-13): A state trooper sergeant who led an unauthorized high-speed escort of luxury cars on a highway has been sentenced to one year of probation. No one was hurt, and there were no accidents. One witness described it as a “Death Race.” ow.ly/kZfVq

National Police Misconduct NewsFeed Daily Recap 05-14-13 is a post from PoliceMisconduct.net

• Update: Memphis, Tennessee (First reported 02-21-13): A former officer who was involved in a fatal crash that killed two residents has been indicted. He is charged with vehicular manslaughter. He hit another car in an intersection without any emergency indicators on. http://ow.ly/kZ7aM
• Sacramento, California: A sheriff’s detective faces possible assault charges after police said he ran down a teenager with a sheriff’s vehicle. The family of the officer, however, said the alleged victim has been harassing their family for more than a month and fabricated the allegations. The incident is still being investigated. http://ow.ly/kZcjj
• Update: Baltimore, Maryland (First reported 04-26-13): A police officer pled guilty to misconduct in office and resigned. Investigators found at least 120 images and at least 20 videos of him engaged in sexual acts. The time codes on the photos show that they were taken during his time working and a police uniform is visible in some of them. http://ow.ly/kZeeq
• Wheeling, West Virginia: A former sheriff will spend a year in federal prison for his role in the beating of a robbery suspect. He will also serve 18 months’ probation and pay his victim $1,850. ow.ly/kZ6u0
• Strasburg, Virginia: A police officer lost his job over accusations that he used excessive force against a suspect in a drug case, falsified records and violated safety rules without a threat to life. Said the chief in a letter to the officer, “Although you deny the allegations, the evidence in this case is overwhelmingly against you in all three allegations.” ow.ly/kZ2LL
• East St. Louis, Illinois: A police officer was among seven people named in a federal indictment, alleging they operated a cocaine distribution ring. He has been charged with possession and conspiracy to distribute more than 5 kilograms of cocaine. ow.ly/kYscD
• Update: Saginaw, Michigan (First reported 07-23-13): A now former police trooper involved in a crash that injured another state trooper has been sentenced for a moving violation causing serious impairment and failing to use due care when passing a stationary emergency vehicle. He was ordered to pay $1,025 in fines. http://ow.ly/kZarb
• California, Pennsylvania: Two police officers have been suspended as a result of an incident that the police chief believes put the public at risk. A bar fight broke out and the two on-duty officers had left for a couple hours for an unauthorized errand miles away, which left only one officer to patrol the entire borough on a busy Friday night. ow.ly/kYqzl
• Los Banos, California: The police department’s second highest ranking officer has been convicted of drunken driving, according to a county assistant district attorney. ow.ly/kUREk

National Police Misconduct NewsFeed Daily Recap 05-11-13 to 05-13-13 is a post from PoliceMisconduct.net

• Mansfield, Louisiana: A police sergeant has been given a 15-day suspension without pay following an off-duty incident involving another officer. The second officer was not disciplined because she is already on suspension for an earlier unrelated incident. Mansfield aldermen are expected to consider a recommendation to fire her. ow.ly/kUSjp
• Jackson, Mississippi: A police officer was arraigned in federal court for federal bribery charges. The indictment states that he offered $10,000 to another officer “in connection with business transactions” of the JPD, involving things worth $5,000 or more. ow.ly/kUEpO
• Baltimore, Maryland: An officer has been charged by state police with prostitution and human trafficking in connection with an investigation into an escort service. The officer is accused of pimping out his wife. ow.ly/kUBgg
• Marinette, Wisconsin: A police officer has been charged with fraud for allegedly writing himself checks from the Police Explorers bank account. He is charged with two counts of theft by fraud. Each count is punishable by up to nine months in prison or a $10,000 fine. ow.ly/kUzsP
• Update: Barren County, Kentucky (First reported 05-02-13): A jury has found the sheriff guilty on two counts of witness tampering stemming from the arrest of a suspect who claims he was beaten. The same jury returned not guilty verdicts for two other law enforcement officers. ow.ly/kUyWV
• Cedar Park, Texas: A sergeant with the Texas Department of Public Safety SWAT team was suspended with pay this week after police arrested him on suspicion of driving while intoxicated. ow.ly/kUlez
• Montgomery, Alabama: Another former state trooper was sentenced for using a state credit card to buy gasoline for his personal use. He was sentenced to three years, which was suspended for three years of probation, and ordered to pay $1,225 in restitution. ow.ly/kUhzm
• DeLand, Florida: A man who was fleeing from a traffic stop wound up dead; he was run over by a police car. The traffic stop was initiated because he was not wearing a seatbelt. “Marlon was running because he was scared,” said a friend. “He had a suspended license and was on probation and he was afraid.” Angry neighbors, relatives, and friends said they are tired of police’s rough handling of citizens in their neighborhood. ow.ly/kUcgw
• Marion County, Indiana: A deputy was arrested after officials said he was driving while intoxicated. They said he had a .21 BAC, which is nearly three times the legal limit. ow.ly/kU7u2
• St. Paul, Minnesota: The city paid $93,450 to a deaf motorist who was pepper-sprayed during a traffic stop and jailed for four days. The police officer involved in the incident lashed out at the deaf driver with whom he had difficulty communicating. ow.ly/kU4nO
• Aynor, South Carolina: A former police officer was arrested a day after he was fired when an investigation discovered he asked a woman to lift her shirt in exchange for a traffic ticket being dismissed. “It is the mission of the Aynor Police Department to maintain the highest standards of ethical conduct for police officers,” said the police chief in a statement. ow.ly/kSsyb

National Police Misconduct NewsFeed Daily Recap 05-10-13 is a post from PoliceMisconduct.net

UPDATE:  “Kern County Sheriff Donny Youngblood said he asked the FBI to get involved after learning that one of two phones seized from witnesses had no footage on it.”  Hmm.

The David Silva Case is a post from PoliceMisconduct.net

We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution...  Society wins not only when the guilty are convicted, but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly.

I like this language from a related case that the Court quotes approvingly:

“Petitioner’s papers are inexpertly drawn, but they do set forth allegations that his imprisonment resulted from perjured testimony, knowingly used by the State authorities to obtain his conviction, and from the deliberate suppression by those same authorities of evidence favorable to him. These allegations sufficiently charge a deprivation of rights guaranteed by the Federal Constitution, and, if proven, would entitle petitioner to release from his present custody….”

We should all be troubled that this rule was not clearly established in our law long before 1963, but better late than never.  And do note that the prosecutor cannot turn over evidence if the police have kept it from him.

Let’s take a concrete example to illustrate what this is all about.  Let’s say a  jewelery store was robbed by a guy with a gun yesterday.  Police arrived shortly thereafter to investigate and interview witnesses at the scene.  Three witnesses say the robber was an Asian male in his 50s.  Two witnesses say the robber was a white guy in his 30s.

Seven months later an Asian family arrives at your law office and asks you to represent their relative, a man who has been arrested for that jewelery store robbery.  Your client turns out to be an Asian male, age 55.  He has no criminal record.  He says he is innocent, but he has no alibi–home alone watching television is his story.  The prosecutor offers a plea bargain:  Your client pleads guilty and must do one year in prison.  If the deal is rejected and you insist on a trial, it’ll be a 10 year prison sentence.    The prosecutor informs you that this case is “open and shut”–showing you police reports of three witnesses from the scene.  And these three people also picked your client from a police line-up.   He says,  “Do we have a deal, or not?”   Since you are in the dark about the other two witnesses, you recommend to your client that he take the deal and plead guilty.  The client hates the deal, but he is frightened by the prospect of 10 years in prison and is unnerved that his own lawyer says that he will probably lose in court.  So he pleads guilty and is taken to prison.  You and the prosecutor move on to other cases.

The Brady rule is supposed to make such scenarios impossible.  As noted, the rule says the prosecution has to tell the defense about those other 2 witnesses and their statements that constitute exculpatory evidence for your client.  But there is a serious shortcoming with the Brady rule.  It is sorta like  the 55 mph speed limit for motorists on the highway.  Violations are common.   In 2010, a federal judge wrote, “The persistent recurrence of inadvertent violations of defendants’ constitutional right to discovery in the District of Massachusetts persuades this court that it is insufficient to rely on the Department of Justice training programs for prosecutors alone to assure that the government’s obligation to produce certain information to defendants is understood and properly discharged.”  In 2009, a federal judge in Washington, DC threw out the criminal case against Alaska Senator Ted Stevens.  The judge said withholding evidence that could be helpful to defendants had become a troubling trend.

The troubling trend is found in the state courts as well.  John Thompson spent 18 years in prison, 14 of those years isolated on death row, before exculpatory evidence came to light.  He did not commit the crimes of armed robbery and murder.  Justice Ruth Bader Ginsburg noted that this was no isolated incident in New Orleans:  “From the top down, the evidence showed, members of the District Attorney’s Office, including the District Attorney himself, misperceived Brady’s compass and therefore inadequately attended to their disclosure obligations … Based on the prosecutors’ conduct relating to Thompson’s trials, a fact trier could reasonably conclude that inattention to Brady was standard operating procedure at the District Attorney’s Office.”  See Connick v. Thompson  (2011).

So we have 50 years of experience now and still great reluctance to face the fact that Brady is mostly a paper tiger.  When violations do come to light, often years later, the courts typically engage in a “harmless error” analysis.  That is, they look to see if the outcome of the case would have been any different if the rules had been followed.  If not, the court will just scold the prosecutor that what he did was improper but the conviction will stand.  In my book, I suggest the courts adopt another rule: Automatic retrials whenever a Brady violation comes to light.  This stricter rule would, I argue,  “spur officials to meet their obligation, and improve the overall administration of justice.”  The Innocence Project is proposing another approach in Texas and elsewhere.

For a related article where I discuss the connection between plea bargains and the Brady rule more fully, go here.

Brady v. Maryland — 50 Year Anniversary is a post from PoliceMisconduct.net

• Wichita, Kansas: The city has been sued twice over claims that the same police officer drove dangerously while on duty, leading to the death of a 12-year-old in one instance and resulting in serious injuries to a motorist in another. According to the lawsuits, the officer’s actions have been called into question in three separate incidents in less than two years. ow.ly/kSwHT
• Bethel, Alaska: A police officer is being charged with being intoxicated while on the scene of a police shooting. He was not the officer shooting, but he was assisting at the scene. The state is charging him with three misdemeanors: two counts of DUI and one count of misconduct involving a weapon. ow.ly/kRN6M
• Caseyville, Illinois:  The police chief has been charged with two felonies, both alleging official misconduct. He is accused of using a vehicle seized by police for his own personal use. He is also charged with taking luggage purchased by the village and using it for himself. ow.ly/kRMzx
• Umatilla, Florida: The police chief is on paid administrative leave, and could be fired, pending the internal investigation. One of his officers detained and questioned two 13-year-old middle-school students without their parents being present in the room. “I cannot find a good cause or reasoning behind why the parents of the children arrested were not allowed to be in the interviews,” the city manager said. ow.ly/kRKgp
• Washington, DC: Civil rights lawyers filed two lawsuits alleging that Metro Transit Police officers assaulted two teenagers in separate incidents and then fabricated charges to justify arresting them. ow.ly/kRHcf
• Update: Wilcox County, Georgia (First reported 10/25/12): The former sheriff was sentenced to ten years in prison for assaulting an inmate inside of the county jail and for conspiring to cover up the incident. “Today’s sentence reflects that law enforcement officers who assault inmates in their custody and make false statements erode the trust of the people that they have sworn to protect,” said the Deputy Assistant Attorney General for the civil rights division. ow.ly/kRGn8
• Newark, New Jersey: A police officer admitted in federal court to fraudulently receiving $60,000 in federal public housing assistance for a home he owned in the city. He remains suspended without pay, but has agreed to voluntarily resign his position. ow.ly/kRFUV
• St. Petersburg, Florida: An officer who was in a high-speed car crash was suspended without pay for five days and ordered to attend remedial driving school, following an internal review of the incident. ow.ly/kRDYE
• McKenzie, Tennessee: A police chief has been accused of stealing city property, including a tractor and two street sweepers. The items were valued at over $10,000 and went missing while he was the chief. ow.ly/kQkd1
• Abilene, Texas: A police officer has quit after being arrested on charges of public intoxication and firing a gun in a public place. ow.ly/kPZkE

National Police Misconduct NewsFeed Daily Recap 05-09-13 is a post from PoliceMisconduct.net

Investigators are searching for answers and members of a DeLand neighborhood are angry, all wondering how a man fleeing early Wednesday morning from a traffic stop ended up dead, run over by a police car.

Details about the incident remain sketchy. But preliminary reports indicate Marlon Brown, 38, fled from an attempted traffic stop, first in the vehicle he was driving, and then on foot.

A minute later, as Brown ran through a field, two DeLand police officers who heard the call over the radio followed in their patrol cars. Somehow, one of the police cars ended up knocking down a fence at the end of the field, and Brown ended up dead, under the car.

It all started because the man was not wearing his seat belt.

H/T:  Reason

Man Run Over by Police Cruiser is a post from PoliceMisconduct.net

A 40-year-old Jacksonville police officer with a history of DUIs since her 2004 hire was charged Tuesday with five counts of driving under the influence causing damage as well as multiple hit-and-runs, the Sheriff’s Office said.

Diana Laura Jones, who was off duty, also was cited with reckless driving after officers found her in her truck eating a hamburger after three cars were hit in an Atlantic Boulevard parking lot and another on Hodges Boulevard, according to her arrest report.

Undersheriff Dwain Senterfitt said he had fired Jones after a DUI investigation in 2011, but an arbitrator reinstated her. Senterfitt said he is frustrated she was rehired and is now under investigation a third time

How Many DUIs Will It Take? is a post from PoliceMisconduct.net

The worst case is from Bolivia, North Carolina.  According to the complaint filed by a minor’s guardian ad litem, a police officer, Jaymin Lenwood Murphy, came to a home to investigate allegations that an adult had sent inappropriate photos via cell phone to a minor child.  The officer said he needed to question the minor in private.  Once in private, the officer had the minor remove her clothing so he could take photos for his ‘investigative file.’   It gets worse.   The officer later returned on minor’s fourteenth birthday and raped her.

The runner-up story comes from Bakersfield, California.  A 21-year-old woman called the police to report a burglary.  Two deputies arrived and one led her into a room where she was then sexually assaulted under the pretense of a ‘pat-down’ search by the deputy.  The authorities did move promptly against this deputy–so good for them.

Worst of the Month — April 2013 is a post from PoliceMisconduct.net