Gotta Love the Cops, Right?

From Raleigh, North Carolina, a state trooper is serving a 4 day suspension for profane texting following a bad arrest.  Here's the story via the Charlotte Observer:

A trooper whose profane text messages about a Raleigh woman suspected of driving while impaired became public has been suspended from the N.C. Highway Patrol for four days.

Trooper Andrew Smith (pinhead, at right) sent the messages to fellow trooper Edward Wyrick last month ridiculing the woman, Gina Tessener, after she twice blew a 0.00 on a breath alcohol test at a police station in Wrightsville Beach. The woman's husband told Wyrick he should be ashamed of himself for arresting his wife for being intoxicated when she was not.

"Hahahaha f--- her and f--- him," Smith texted Wyrick on his personal cellphone.

The messages between the two troopers were disclosed by the patrol following a public records request by The News & Observer.
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No, Trooper Smith f--- you.

Indianapolis' Drunk Cop, Drunk Driver, Drunk Killer

Yesterday, a Marion County, Indiana Superior Court Judge ruled that blood draw evidence tending to establish that on-duty Indianapolis' officer, David Bisard was drunk at the time he crashed a patrol car into three motorcyclists killing a local man and injuring two others.  Allegations of police cover-up are being borne out by the ruling which makes the bungled blood-draw evidence inadmissible.  Residents in Indy are outraged. 

This is an excerpt from the report by Carrie Ritchie at the Indianapolis Star:

"It was a blood test that called into question not only the actions of a police officer but those of his colleagues.



Officer David Bisard

It sparked an embarrassing internal probe that led to demotions. It fueled public outrage that included accusations of incompetence or, worse, a cover-up. It even spurred campaign promises that might have solidified the election of the new prosecutor.

But perhaps what's most significant about the blood test that authorities insist proves that officer David Bisard was drunk during a fatal accident is exactly what some predicted and feared: It might never be used in court. A Marion Superior Court judge ruled Tuesday that the blood was drawn improperly and cannot be used to prove that Bisard was driving drunk in August when he hit three motorcyclists, killing one and severely injuring the other two."

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Special handling, special treatment, special deals = disrespect for the rule of law.

Bad Cops Cost Millions

The Orange County Register reports on the $4.75 million dollar payment in settlement of the claim of Elias Aladana who was nearly killed by a Los Angeles County deputy sheriff detective who while drunk crashed a red light and t-boned a Mazda drive by Mr. Aldana.  The other day I was responded to a comment by a reader who remarked that it seemed that I was surprised by the extent to which cops get special treatment in court--this case is another example of just such a pass.  As you will see Sheriff Deputy Moran (pic) plead no contest to a misdemeanor drinking and driving charge adn did not lose his job!  Amazing, keep reading fro Greg Hardesty's article:

"An Anaheim man critically injured when an on-duty Los Angeles County sheriff's detective who had been drinking slammed into his car will receive $4.75 million under terms of a settlement approved by L.A. County supervisors Tuesday.  Elias Aldana, 33 at the time of the June 29, 2008, collision, has racked up more than $2.1 million in medical expenses after suffering traumatic brain injury, internal injuries that required a splenectomy, rib fractures, pelvic fractures, a torn left shoulder and other soft tissue injuries, according to the L.A. County Counsel's Office.

Robert Andrew Moran, 42 at the time and from Buena Park, was working on an investigation and driving an unmarked Chevy Trailblazer patrol unit in Stanton when witnesses say he ran a red light and crashed into the driver's door of a Mazda sedan driven by Aldana.  At the time of the 5:25 a.m. smash-up at the intersection of Beach and Garden Grove Boulevards, Moran was found to have a blood-alcohol level of more than 0.08.

Moran disputed that he had run through the red light but in September 2009, he pleaded no contest to misdemeanor driving under the influence and was sentenced to six months home confinement and put on three years of informal probation.

Moran, an 18-year veteran of the Sheriff's Department at the time of the crash, also was put on unpaid leave but now works as a patrol deputy, L.A. Sheriff's spokesman Steve Whitmore said Tuesday.  Whitmore said that the 'appropriate action' had been taken and that 'in every case, there are mitigating circumstances.'

Whitmore said he was not at liberty to disclose what those circumstances were in Moran's case."
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In addition to the millions that Moran cost Los Angeles County, the taxpayers paid another quarter-million in attorney fees to date.

Lying Cop: "I Can't Believe They're Doing this to My Family!"

Delaware Online has the story of the lying cop who staged his own "shooting" in a scam to obtain early retirement.  It's his whining that caught my eye:

"A city police sergeant has lost his job after he allegedly staged a shooting incident in a scheme intended to pave the way for his early retirement, sources said Wednesday night.  Jeff Frett pleaded guilty in Superior Court Wednesday to making a false police communication in connection with a Nov. 30, 2010, incident.

At the time of the incident, Frett 'reported over police radio he had been shot at while on Interstate 676 South in Camden (and that the shooter) had fled in a dark-colored van,' the Camden County Prosecutor's Office said in a terse account Wednesday.  But an intensive investigation found the incident had been staged, said a knowledgeable source who spoke anonymously. The source said Frett's wife allegedly fired the shot in an attempt to wound the officer in the leg, so that he could qualify for early retirement. The shot missed, however.

No other person has been charged in the shooting, according to the prosecutor's office.

The radio report prompted an immediate reaction from police in the city and elsewhere, with officers speeding to the site in an effort to track down and arrest the shooter.

In an interview Wednesday night, Frett gave no details of the incident, but said authorities had ignored 'mitigating factors.'  [He added,] 'I didn't try to hurt anybody," said the 40-year-old Turnersville resident. 'I just had a personal crisis and this is how they thank me for my 17 years of service.'

He also expressed unhappiness that his court appearance was the subject of a press release from the prosecutor's office. The three-paragraph release contained no details of the actual incident. 'It's just unfortunate they're going to do this to my family,' said Frett.

Under a plea agreement, Frett was sentenced immediately after admitting guilt to a disorderly persons offense. As part of that sentence, he gave up his job and will be barred from public employment. Frett also must serve a year of probation."
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You get this?  Cop lied, staged a phony shooting incident, involving an actual shooting and DOES NOT GO TO JAIL!  Really!?  I was in prison at Morgantown with guys doing 5 years for substantially less than this guy got away with.  It's absolutely mind blowing.

Oh, and I love this guy's insight;  what they are doing to his family...not what he did to his family.   Hell, Frett got his wife involved in this criminal act.  Amazing tale of wronging doing and looking the other way by the authorities.

Atlanta to Pay $4.9 million to Kathryn Johnson Family, Survivors of 92-Year Old Atlantan Shot to Death By Narcotics Cops

The Atlanta Journal-Constitution is reporting the settlement of the civil claims arising out of the killing of 92 year old Kathryn Johnson by bad cops.  This disturbing tale once again drives home the cost of "tough justice."

"Four years after rogue narcotics officers killed a 92-year-old woman while illegally raiding her home, the city has finally settled with her family.  Kathryn Johnston, 92, was shot and killed Nov. 21, 2006, when police officers illegally raided her northwest Atlanta home.  Police officers burst into Kathryn Johnston's house kill[ing her] in a hail of bullets after [she] fir[ed] a [warning]shot [apparently in fear of a break in.]

Atlanta Mayor Kasim Reed announced Monday morning that the estate of Kathryn Johnston, led by her niece Sarah Dozier, would be getting a $4.9 million settlement. The full city council will debate and vote on it this afternoon.  Under the structure of the settlement the estate will get $2.9 million this year and another $2 million in fiscal year 2012.

Reed said the resolution of the case is an important healing step for the city and the police department, which was nearly ripped apart because of the shooting. 'As a result of the incident, several police officers were indicted in federal and state court on charges and were later convicted and sentenced for their actions,'  said Reed, adding that the Narcotics Unit has been totally reorganized.

Johnston was killed when a police drug unit tried to execute a 'no-knock' warrant on her home, using [false] information provided by an informant who claimed he had purchased drugs at from the home. After officers kicked in the door, the elderly Johnston reached for a gun and fired one shot. Police returned fire, killing her. No drugs were found, and officers planted drugs in the home that had been recovered from a different raid.

This past June, two Atlanta police officers involved in the shooting were fired after an internal investigation found they lied and falsified documents; another officer resigned and six more were disciplined."
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So get this, they go in to this home, and kill this old lady, and with drugs stolen by them from an evidence locker, these officers cover up their crime.  Rule of law?  Respect for law and order?  Not a chance.

The Cop and the Midget Porn Star

A Stoughton, Mass police officer has resigned his job one month after receiving a commendation for his work in a murder investigation because he has a little problem with staying focused.  Here's the story from the  Gatehouse New Service and reporter Allan Stein:

"The Stoughton police chief says a decorated patrolman installed a laser sight on his service weapon against department policy, deserted his patrol to meet a woman billed as “the world’s smallest porn star,” then lied about it all in an internal investigation prompted by his peers.


Officer Richard P. Bennett, who just last month received a commendation for his work in a March murder case, has resigned rather than face disciplinary action, Police Chief Paul Shastany said.

'Momma told me there would be days like this,' Shastany said. 'We are not red-faced. In fact, I am pretty proud (other officers) stepped up.'

Bennett, 28, of Fall River, submitted his one-paragraph resignation letter to Town Manager Francis T. Crimmins on June 30. His resignation came 10 days after he made an on-duty, in-uniform visit during a graveyard shift to Club Alex’s Gentlemen’s Club, where 3-foot-9-inch adult-film star Bridget 'The Midget' Powers was making a guest appearance.

'He was insubordinate and left his section and drove over to Alex’s,' Shastany said.

Bennett did not radio other officers to alert them he was headed to the club, Shastany said; the department has a strict policy requiring officers to alert dispatch and team up with a partner any time they respond to the strip club.

Shastany said at least five officers alerted the administration of Bennett’s trip to the club.
Bennett was also investigated for a policy violation after his weapon misfired during a firearms recertification exercise. Shastany said officers discovered an unauthorized laser sight, which provides better target acquisition and greater accuracy. 'If you are going to modify your weapon, it has to be under the express permission of the police chief, in writing, and through the armory,' Shastany said. 'It is not an option for an officer to decide what will be carried and how it will be carried. I will decide that.'

Stoughton police Executive Officer Robert Devine said Bennett lied to officers investigating the matters internally. 'He lied during the course of the investigation. He made some statements, some fabrications during the course of the investigation, and the chief made it clear from day one, if anyone was untruthful, he wants their job.'

Shastany just last month presented Bennett with a letter of commendation for his superior performance during a murder investigation. Bennett was one of several officers credited with the arrest of an Attleboro man for the shooting death of 21-year-old Stephen Irving on March 16."
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Sounds to me like Officer Bennet was not highly regarded by his peers. 

The Violent Metro-Atlanta Law Enforcement

The Atlanta Journal Constitution is one of the country's most distinguished newspapers, check the Wikipedia article which documents the newspaper's multiple Pulitzer prizes and advocacy of civil rights, it is a great newspaper.  I take very seriously the stories and so I am appalled by the continued coverage in the AJC of the problems with violence perpetrated by metro-Atlanta "safety" forces.  That the AJC was able to do the hat trick with this morning's coverage says something Atlanta needs to pay attention to.

In part this is a running theme with law enforcement all around the country.  This is especially true as it pertains to domestic violence by law enforcement personnel.  The moving blog, Behind the Blue Wall does a powerful job of documenting the tragedy of these crimes and memorializing the victims of domestic violence by the police.

To Protect and Serve

A trio of court dismissals of serious traffic prosecutions, last week, against police officers have locals in Chicago, Cleveland and Cape Cod wondering about double standards.  Let's start with Cape Cod where Barnstable Detective John Murphy (pic, left) got a pass on a hit and run from last December 6th after crossing left of center and crashing into another vehicle.  The Judge who dismissed the hit and run citation found Murphy not culpable because he claimed to have sustained a head injury according to the report at the Cape Cod Times.  

Maybe.

A more dubious situation occurred with a Cleveland cop who slammed into a disabled car at 73 mph along Interstate 71 causing a local motorist to suffer an amputation loss of part of his leg.  Like Murphy Patrolman, Officer John Cotner did not stop immediately at the scene of the accident.  And unlike you or me in a similar situation Cotner was not tested for the use of drugs or alcohol.  In addition to the shockingly inadequate crash scene investigation, Cotner may or may not have been impaired, but for certain he was operating his patrol car in a grossly negligent manner, and yet he was given a misdemeanor citation at the scene of the crash.  Last week the Cleveland municipal Court tossed even that citation according to the Plain Dealer website.  Oh, the poor schmuck who lost his leg, he got cited.

But the topper is the case of the off duty Chicago Cop, John Ardelean (pic, left with victims, right) who killed two young guys in a motor vehicle drunk driving accident.  Ardelean walked despite videotaped evidence of excessive alcohol consumption filmed in the hours immediately prior to the crash.  Why?  According to the Chicago Tribune Ardelean's colleagues on the force did not obtain blood alcohol evidence after the collision.   I reported on Ardelean back in April, all I can add is--be disgusted. 

These defendants took an oath to protect and serve, and instead are being served and protected.

"We'll Do A Little Walt Disney--Uh, The Dash Cam's Off, Right?"

The Miami Herald reports that two former Hollywood, Fla officers caught framing (above: raw dashboard cam video) a motorist for drunk driving have been charged with criminal misconduct.  This is from Diana Moskovitz's story:

"Two former Hollywood police officers were arrested Wednesday and charged with doctoring a police report in 2009 after one of them crashed into a vehicle of an alleged drunken driver. The allegations drew national attention after video shot from inside a police cruiser captured employees saying they would 'do a little Walt Disney'' to protect the officer.

Ex-cops Joel Francisco, 37, and Dewey Pressley, 43, were fired earlier this year. On Wednesday, each was charged with four counts of official misconduct and one count of conspiracy to falsify records, the Broward state attorney's office said.  Both men surrendered and were booked into Broward County's main jail. They were released on Thursday morning, WSVN reported. Bail for each was set at $100,000.

Charges were not filed against three other police employees fired in the scandal's wake: Community Service Officer Karim Thomas, Sgt. Andrew Diaz and crime scene technician Andrea Tomassi [who were also involved.]

Jeff Marano, a leader with the Police Benevolent Association, said the charges were ``overkill'' and reiterated the union's theory that prosecutors reacted to political pressure. 'We're not happy about it,' Marano said of the charges. 'It's a dark day.''

The latest scandal stemmed from a car accident around midnight Feb. 16, 2009, in the 2800 block of Sheridan Street when Francisco rear-ended a car driven by motorist Alexandra Torrens-Vilas. She was arrested.

In a recording taken by an in-car dash camera while Torrens-Vilas sat in the back seat of a police cruiser, officers could be heard discussing how to distort the facts to shift blame from the officer and make it appear he was not at fault. 'We'll do a little Walt Disney to protect the cop because it wouldn't have mattered, because she is drunk anyway,'' one [police] employee said.

After the accusations of the doctored reports surfaced -- the result of a defense attorney viewing the dash camera video -- prosecutors dropped the drunken-driving charges filed against Torrens-Vilas."
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Once again we have a stark example of why Courts should not base convictions on the "word" of the "trained" police officers.  Most cops, like most public officials are honest and reliable, but too often, many are not.  For any court, a la, the Ohio Supremes to hold that due process is met when the cops says so, is to abdicate responsibility for the Rule of Law.

Critical Mass Assault and Battery--An Acquittal

Here on Bad Lawyer I've been telling you about the assault and battery by the NYC cop, Patrick Pogan who was caught on video shoving a cyclist off a bike and onto the pavement during an organized protest by the group Critical Mass.  I embedded the video courtesy of the New York Post for you to see for yourself. 

Amazingly, the Post is reporting that a NYC jury acquitted Pogan of assault and battery.  You want to know what jury nullification is, go watch the video at the first link (above.)

Fortunately, Pogan was convicted of two counts of falsification relating to preposterous made up assault and battery charges filed against cyclist Christopher Long.  Pogan still faces jail time.  It's a good thing the jury convicted Pogan on at least a couple of counts because this bad cop was telling the press that he was planning on seeking reinstatement with the NYPD upon his projected acquittal.

Drunk Driving Cop to Walk? Looks Like It

The Chicago Sun-Times relates the travesty of the Cop, John Ardelean (pic above left) who appears to be getting away with . . . well, two counts of vehicular homicide. This is from the Sun Times article by Kim Janssen:

"Key evidence can’t be used against a Chicago cop filmed drinking large amounts of alcohol minutes before he was involved in a car crash that claimed the lives of two young men, a Cook County Judge ruled this morning.  Judge Thomas Gainer Jr.’s ruling that evidence was illegally seized from Officer John Ardelean following the deaths of Miguel Flores and Erick Lagunas (pic above, right) on Thanksgiving Day 2007 severely weakens the case against Ardelean.

[T]wo fellow officers: a sergeant, and a fire department paramedic all said Ardelean didn’t appear intoxicated at the scene [of the motor vehicle accident where he killed these two young me], so [Officer Ardelean] wasn’t subjected to a Breathalyzer test until several hours later.  In his ruling, [Judge] Gainer [claimed] that Lt. John Magruder — who said Ardelean had seemed drunk when he was brought back to the police station — was an 'incredible' witness."
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The astonishing thing about this case is ther can be little doubt that this drunk maniac killed two kids and is walking.  Good work, Chicago!

Tony Abbate Wants His Job Back--Right!

The Chicago Tribune is reporting that the Chicago cop, Tony Abbate, perpetrator of this famous off duty assault and battery is suing to get his job back citing among the errors in his dismissal, the viewing of this video.  This is from the Tribune article on Abbate's request for reinstatement:

"A Chicago police officer fired after a video camera recorded him beating a female bartender is asking a judge to review his termination.In a petition filed Tuesday in Cook County Circuit Court, attorneys for Anthony Abbate said the Chicago Police Board made 12 errors in ordering his termination last month, including using the infamous videotape in deciding to fire him.

In a decision championed by Police Superintendent Jody Weis, the board found Abbate guilty of several rules violations surrounding the beating at Jesse's Short Stop Inn in the Cragin neighborhood on the Northwest Side.  Abbate's petition also claims that the civilian board wrongly viewed as a problem Abbate's decision to invoke his Fifth Amendment right against self-incrimination at least 75 times during his board hearing.  The petition asks that a judge review the official record and transcripts of evidence and reverse his firing. Abbate's challenge could be moot, as he was convicted of felony aggravated battery in criminal court last summer. The city bars the hiring of people with felony convictions as police officers."
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My advice to Officer Abbate,  hold your breath.

Professional Courtesy--Update

When last we discussed North Charleston, South Carolina police officer Christine Phinney (pic) she had been pulled over by the Dorchester County, South Carolina Sheriff's department for speeding and essentially given a pass for drunk driving and disorderly conduct.  The update at the Post and Courier informs us that she has lost her job.  At the link you will find the "missing video" that her lawyer tried to prevent disclosure of, since as you will see it pretty well demonstrates why Officer Phinney is now a former-police officer. 

More importantly for this blawg, is the peek behind the "curtain" of law enforcement taking care of their own--or trying to.  Phinney didn't help them. 

Nonetheless, Phinney wasn't charged with a serious traffic offenses or disorderly conduct, even though it is obvious she's drunk, Phinney did not spend the night in jail.  It is only Phinney's failure to "play ball" at the scene of the traffic stop--her getting out of the car and her being "non-compliant" that causes her to be arrested.   The video tape seals her fate.

The Post and Courier and the other media rightly wanted to know how it is that this officer gets a pass and when they obtain the first video--which as you will recall was shot from a patrol car sitting behind the sheriff patrol vehicle; and, when the press are denied access to the second video, the Sheriff's car that is ubobstructed,  well I think, we all knew what the video was going to show--Christine Phinney had to go.

 Had Officer Phinney stayed in the car, had there been no video, she is back on the road--you know it, and I know it.  Let's now do a little "thought experiment"--if this had been me, mmmmm how many times would would thye have tased me?

Professional Courtesy: Part 2--Give Me a Break!

Disclaimer:  there are many fine and intelligent people working in law enforcement;  and, I'd be the first to acknowledge that all patrol law enforcement are routinely confronted with challenges I would not wish on you or me.  Some law enforcement acquit themselves with honor, most . . . with competence;  and, there are places on the web where you can read the heartwarming tales of these men and women;  but, as a rule, not here.  This blawg is interested in the fundamental problem of corruption:  the corruption of lawyers (including me), corrupt judges and corrupt law makers. 
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The cops are a species onto themselves. Different rules apply to the cops, and we all have different expectations. On Bad Lawyer it is one of my missions to explore and expose Bad Cops--as we have done and will continue to do with the series of posts like :  Why I Hate the Cops!, Sheriff Joe Arpaio, and Boys and Their Toys.  Recently, I had occasion to post on the subject of Professional Courtesy  which deals with what we all know and suspect--law enforcement has a bifurcated set of rules:  the rules that apply to you and me;  and, the rules they enforce or should I say, don't enforce against one another.

Which leads to this morning's post about the cops of New York's Lower Hudson valley  who admit to covering up DWI arrests of one another, here's the report from LoHud.com.  The LoHud.com article is part of a larger look by their reporting staff following the arrests of White Plains patrolman Joe Zepeda, Westchester Officer Joseph Kraus, Dobbs Ferry policeman Michael Huffman and  acounty Correction Officer Patricia Yancy-Johnson on misdemeanor DWI charges following accidents within a three-week period. The four officers were off duty, and each refused blood-alcohol testing.

It is cliche` among criminal defense attorneys that the cops reflexively lie on the stand;-- having handled on average one criminal case a year, I've not arrived at that impression.  I do suspect that law enforcement testimony is pretty "pat," which means officers tend to have canned impressions that come out in little packages of testimony that may or may not be credible.  The police contour their impressions in an outcome-based approach to offering testimony and evidence.  This sort of thing is expected by lawyers and judges, and, I think, to a lesser extent by juries.  In the extreme case, cops contouring their testimony perjure themselves, although I don't think it rises to that level all that often, at least I hope not, at least outside of Maricopa County, Arizona.

The point is: the wholesale practice of allowing Brother and Sister law enforcement to drive drunk drunk,  that my friends is scary, dangerous, and an abandonment by the cops of their sworn responsibility.  It is corrupt.