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February 26, 2006

Officer honored for valor named in probe

Kardasz: The following story describes heroic acts involving split-second decisions under harrowing circumstances and the obligatory Monday-morning-quarterbacking that followed. Do police departments inflict themselves with so many rules that it is sometimes nearly impossible to do to the job without breaking one?

What are your thoughts?

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Officer honored for valor named in probe
5 other police also accused of breaking rules in pursuit

by Jaxon Van Derbeken, San Francisco Chronicle
February 25, 2006

A San Francisco police inspector honored by an international law enforcement group as a hero for her handling of a 2004 shootout with an armed suspect is among six officers now facing charges of violating department policy in the confrontation.

Inspector Sylvia Morrow of the special investigations unit, a 16-year veteran of the department, was praised last year by the International Association of Women Police for her valor in the incident June 29, 2004, that ended in the death of Gustavus Rugley.

Rugley, 21, was shot and killed by police at the Mission Street overpass of Alemany Boulevard. He had fired a .380-caliber semiautomatic pistol at officers and was either reloading or had just reloaded when officers shot him to death outside his SUV, police said.

Rugley and as many as 14 plainclothes and uniformed officers fired more than 100 rounds in the battle, and Rugley was hit 35 times. The chase started after officers tried to arrest Rugley on an outstanding warrant for attempted murder.

The civilian-run Office of Citizen Complaints, bypassing Chief Heather Fong, lodged charges against Morrow and five other officers last week, but not all the officers were notified until this week. None of the officers is accused of improperly shooting Rugley or of using excessive force, but all are accused of breaking department rules during or after the chase.

The Police Officers Association, the union representing the city's 2,100 rank-and-file officers, was angered by all the charges but was especially upset about the possibility that Morrow would be disciplined. "It's outrageous,'' said Steve Johnson, a retired officer who handles disciplinary cases for the union. "As far as I'm concerned, it's a total abuse of the system -- you have a chief and a director (of the Office of Citizen Complaints) who can't agree on charges, and the officer, the inspector, has to pay for that. ''

The Office of Citizen Complaints filed charges against Morrow and the five other officers after Fong and agency officials could not agree on action. Ordinarily, the agency sends its recommendations to the chief, who decides whether to take a case to the Police Commission. But in this instance, Fong simply did not act, said the agency's director, Kevin Allen.

"Heather Fong was given 60 days to review -- it was my understanding through my discussions that she did not want to file,'' Allen said. Fong has disputed that assertion, saying she was waiting for answers she had posed to the Office of Citizen Complaints when the agency lodged its charges.

Police Commission members now will hold hearings on Morrow and the other officers to determine whether they should be disciplined. Possible penalties include suspension or dismissal. According to the charges filed by the Office of Citizen Complaints, Morrow wrongly blocked Rugley's car as he tried to escape the initial arrest attempt outside his mother's home. Rugley banged first into one police car and then into Morrow's car before driving off.

Morrow then violated department policy by pursuing in an unmarked car that was not equipped with lights and siren, the disciplinary charges say. She also broke the rules when she failed to stop the pursuit once a properly equipped car got involved, the charges say. She also failed to notify dispatchers that another police car had gotten in front of Rugley during the chase, according to the charges.

The chase ended when Rugley was pinned in by police cars and opened fire. Johnson said Morrow and the other officers who have been charged were part of an undercover unit that had been trained to use tactics nominally prohibited under general department rules.

Allen said he knew of an internal police memo in 1994 that authorized some of the tactics the officers used during the chase. But he said his agency had no way of knowing whether the memo exempted the unit from the department's rules. He also said the memo did not address many of the violations that the agency found during its investigation.

The union's Johnson said heroes are being humiliated over a policy dispute. "What kind of message does that send to the troops?'' he said. "That inspector was almost killed. . . . It's amazing that she survived.'' Morrow was honored by the International Association of Women Police with its Medal of Valor last year. The group, which represents 4,000 officers in 60 countries, said on its Web site: "The suspect rammed Sylvia's vehicle and took off. Sylvia continued the pursuit as he was driving on the wrong side of the road and putting many peoples' lives in danger.

"The team got the suspect cornered, but he came out shooting directly at Sylvia. Sylvia needed to bail out of her vehicle as the suspect shot the car with numerous bullets. Through a hail of bullets she got to safety.'' Terrie Swann, president of the group, declined to comment on the issue Friday.

Other officers named in the Office of Citizen Complaints charges are Sgt. Mark Gamble and Officers David Seid, Richard Alves, Arthur Gabac and Michael Lewis.

E-mail Jaxon Van Derbeken at jvanderbeken@sfchronicle.com. 

Retrieved February 26, 2006 from URL: http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/02/25/BAGT5HEPCI1.DTL

Posted by Dr. Kardasz at 05:22 PM |

Correctional Officer Honored For Helping Five Escape Fire

Correctional Officer Honored For Helping Five Escape Fire

POSTED: 3:28 pm EST February 24, 2006

CRANSTON, R.I. -- The Rhode Island Department of Corrections honored some of its best recently, including Jay Johansen. On his way home from work on Jan. 4, Johansen ran into a fire, helping five people get out. "I just happened to be the guy around," he said.

"That day was pretty scary. I don't remember a whole lot. Since I've heard the 911 tape I realize a lot more about what happened. It just doesn't seem like I was in there that long until I hear the tape." A proud family said Johansen's action fits his character.

"It's nice to see him get recognized for something because every day, he's always trying to help everybody around him," Johansen’s daughter said. Johansen said he still gets goose bumps when he thinks about it or sees a picture of the fire.

"I drive by it a lot because it's in the area. It kind of hits home a little bit. It's in the back of my head. I'm just glad everybody's doing all right," he said. And everybody he saved that night is, thanks to Johansen. 

Retrieved February 26, 2006 from http://www.turnto10.com/news/7408552/detail.html

Posted by Dr. Kardasz at 02:05 PM |

February 23, 2006

Abuse against children - unlawful images

From the statement of Carmen Madrinan - Executive Director - ECPAT International

The recording of abuse against a child advances power and control to the abuser. The impact on the child is profound and cannot be underestimated. It creates a fear that then opens opportunities for the child to be exploited in many other ways. The ease, speed and extent of instantaneous distribution of abuse materials serves further to consolidate an abuser's power over a child. Often, images of the abuse are then used to lower the defences of another child who is being prepared, or "groomed", for abuse. Of great concern are advances in technology that enable sexual violence against a child to be organised to occur live online, in real-time, whereby multiple abusers may participate from different physical locations across the world. Another concern...is that child sexual abuse images and other pornographic materials are commonly used as a sex education tool that inducts young people into perceiving human relationships in light of these representations. (p. 4)

From Violence Against Children in Cyberspace: A contribution to the United Nations Study on Violence against Children, ECPAT International, September 2005. ISBN: 974-93664-1-7.

Posted by Dr. Kardasz at 10:26 PM |

Ethics - New Orleans - Hurricane Katrina - Officers Who Left the City

Kardasz: The following report describes the very tough situations and choices faced by New Orleans officers during and after Hurricane Katrina.

 

What would your choices be – between duty to family or duty to the oath of office?

 

 

Katrina made police choose between duty and loved ones

 

By Kevin Johnson, USA TODAY

 

Tue Feb 21

 

 

In 30 years as a cop, Paul Schubert says, he was called a lot of things - but never a coward.

 

In January, however, Schubert was fired by the New Orleans Police Department for leaving his job just before Hurricane Katrina hit last August, and then not returning for four weeks. Like scores of city officers who abandoned their posts, he was cast as a deserter.

 

Schubert, 54, says he fled to Texas to save his disabled wife, Madeline O'Neill, who needed a doctor's care and medicine for her rheumatoid arthritis, diabetes and poor eyesight. Schubert says he got permission from a supervisor to evacuate her - which the police department does not dispute - and that he figured he'd be back in a day or so. What followed was a month-long odyssey in which the couple searched repeatedly for accommodations, a new doctor and medicine before Schubert returned to work Sept. 24.

 

"I couldn't just abandon her in a hotel room," Schubert says. "I would have been signing her death warrant."

 

Schubert is among more than 200 New Orleans officers who have been under investigation by the police department for leaving their posts during the hurricane crisis. Since the fall, the officers have been appearing, one at a time, in often emotional hearings in which many of them have pleaded for their jobs before a review panel at the department's temporary headquarters in a hotel on Bourbon Street.

 

The hearings are closed to the public, and the department does not comment on individual cases. However, interviews with Schubert and other police officers, along with new details about the proceedings provided to USA TODAY by the head of the police union, shed light on the wrenching moral choices that some officers faced. They also offer a hint of the hard line that Police Superintendent Warren Riley is taking in deciding whether to allow deserting officers back on the force at a time when he is focused on repairing the department's battered image.

 

Five days after a hearing in which the police panel ruled that Schubert should be allowed to keep his $44,600-a-year job, Riley vetoed the decision.

 

Schubert's police career in New Orleans was over. A letter from the department told Schubert that his actions were an unforgivable "neglect of duty."

 

Riley declined to comment on Schubert's case, but in an interview with USA TODAY he said the department is better off without most of those who fled: "They couldn't be counted on, anyway."

 

Within the department, Schubert's case has come to represent the no-win situation that many officers faced when family and police obligations collided, says David Benelli, president of the Police Association of New Orleans, which represents about 1,100 of the department's 1,400 officers.

 

Benelli says he has attended about 40 of the police panel's hearings, and he says there have been very few cases involving officers who fled New Orleans merely out of cowardice.

 

Nearly all of the cases, Benelli says, have involved officers who left because of "family issues."

 

He offers no opinion on Schubert's case, but says, "You know, if every single officer said he had to take care of family, there would be no one left on this job. This is not a normal job. Police officers take an oath. They are supposed to stay."

 

Benelli adds that some of the post-Katrina security problems in New Orleans stemmed from the police department not having enough officers available.

 

"I spent a year in Vietnam," he says. "But the week I spent in the Superdome (in squalid conditions with limited security) was worse than my entire year in Vietnam."

 

Riley acknowledges that one of his biggest challenges in remaking New Orleans' police department is changing its image as a unit that collapsed when confronted by Katrina.

 

That image was fostered by former police superintendent Eddie Compass' estimate, shortly after the hurricane hit, that 500 officers - roughly one-third of the police force - had abandoned their posts.

 

Riley, who was appointed by Mayor Ray Nagin when Compass resigned a month after the hurricane, has said that the actual number of deserters was less than half what Compass estimated.

 

The latest police department statistics reflect that:

 

• Seventy-six officers have been fired for abandoning their jobs during the crisis.

 

• At least 11 have been fired for neglecting their duties.

 

• An additional 41 have resigned while under investigation for a range of alleged misconduct related to the storm, including neglect of duty.

 

• An undisclosed number of officers have been suspended for up to 120 days for misconduct during the hurricane crisis.

 

• Roughly 65 officers initially accused of misconduct have been cleared of wrongdoing.

 

At the end of January, the police review panel was still reviewing the conduct of about 30 officers.

 

"There was never, ever information to support that 500 officers had abandoned their posts," says Riley, noting that an estimated 80 officers whom Compass had counted as deserters were among the thousands of New Orleans residents who were rescued from rooftops.

 

"But the world has heard these things," he says. "It has heard that the NOPD is a chaotic department. I am severely concerned about the kind of image that projects."

 

Housing search becomes ordeal

 

As Katrina churned in the Gulf of Mexico on Aug. 27, Schubert recalls, he thought he had plenty of time to move his wife out of harm's way and get back to his post at the department's 8th District house in the French Quarter before the storm hit.

 

That day, Schubert says, he received permission from his commanders to evacuate O'Neill, 61, to a relative's house in Conroe, Texas, just north of Houston.

 

"I told my lieutenant that I was coming back by the next day," Schubert says.

 

When the couple arrived in Conroe, however, the relative's house was already full of evacuees, many of them ill, Schubert says. That led Schubert and his wife to look elsewhere for shelter.

 

The couple's search for a place where O'Neill could receive care led them on a tour of small towns throughout the Houston area.

 

In Tomball, Texas, they checked into a hotel and saw TV reports on the desperate situation unfolding in New Orleans.

 

Schubert says he updated his supervisors at least three times during the ordeal, and that each time he was told to take care of his family and return to work as soon as he could.

 

As Hurricane Rita headed toward the Houston area, the couple returned to the outskirts of New Orleans.

 

On Sept. 23, Schubert says, they took up residence in a home they own in heavily damaged Jefferson Parish. Schubert says they didn't return sooner because electricity and medical care were spotty in the parish.

 

Schubert says he reported to work the next day and was placed on a 30-day suspension without pay because of his absence.

 

In late October, Schubert says, colleagues in the 8th District welcomed him back to work. He says many of his colleagues had long been aware of his wife's medical problems because she had been a civilian employee in the police department for more than two decades before her declining health forced her to leave.

 

Police officials would not allow Schubert's supervisors to discuss his case.

 

However, Benelli, the union president, says the police review panel did not seriously challenge Schubert's version of events and that "there was never any question he was being upfront with them.

 

"He's an honest guy," says Benelli, adding that Schubert had never been disciplined in three decades on the job.

 

"It tore me up inside not to be here during the storm," Schubert says.

 

New uniforms, new era for police

 

Riley says the review panel is part of an internal investigation of the department that he hopes will help restore credibility to its "seriously tarnished" image.

 

Besides dealing with deserters, Riley says he dismissed two officers and suspended another because of their involvement in the beating of a man in the French Quarter in October.

 

Two officers were dismissed after they were charged with stealing cars while New Orleans was being looted during the flooding, and several more officers accused of looting were among those who left the force while they were under investigation, according to the police department.

 

Riley has pledged to improve the department by addressing a range of issues, from courtesy in dealing with the public to ensuring integrity and "courage" under fire.

 

The superintendent says he has established a new office that will measure officers' performance.

 

New, dark-blue uniforms are being introduced this month, Riley says, in part because of security concerns stemming from the theft of 200 police uniforms last year.

 

Riley says that replacing the department's powder-blue shirts also will symbolize a the beginning of a new era, and he suggests that more turnover on the force is coming.

 

"We do not want to be known as an unprofessional police department," he says. "In the next six months, we'll review our progress and there will probably be more casualties."

 

'Fighting for your career'

 

So far, the primary symbol of Riley's new order has been the police review panel's hearings at the Royal Sonesta Hotel.

 

Every week, Benelli says, officers accused of desertion and other types of misconduct during the flooding have come to the hotel to "fight for their professional lives" in hearings before two deputy police superintendents.

 

"You are fighting for your career up there," Benelli says. "You are fighting for your name."

 

That's a hint of what Schubert believes he lost when he was fired - along with what he estimates was about $60,000 in accumulated sick leave and vacation time.

 

Schubert remains angry about how he was treated and says he plans to appeal his dismissal to a civil service review board.

 

He expects to be able to retain his pension, "but this is not the way I wanted to go out," Schubert says.

 

"It all comes down to the fact that I had to make a decision" between his job as a public servant or his wife, he says, blinking back tears.

 

"I chose my wife," Schubert says. "It was a no-brainer."

 

 

Retrieved February 22, 2006 from http://news.yahoo.com/s/usatoday/20060221/ts_usatoday/katrinamadepolicechoosebetweendutyandlovedones

 

 

Posted by Dr. Kardasz at 02:27 AM |

February 22, 2006

Three Officers Honored - Monroe County Michigan

February 17, 2006, By Michael Neary, Monroe County News

The theme of collaboration surfaced repeatedly during the Monroe Exchange Club’s 38th annual awards for state trooper, sheriff’s deputy and city police officer of the year. This year’s winners were Michigan State Police Trooper Bret C. Smith, Monroe County sheriff’s Deputy David M. LaMontaine and Monroe Police Department Cpl. Chris Fuher.

"I’m a true believer that leadership comes from the ground up," said Lt. Mary Kapp, who heads the Monroe post of the Michigan State Police. Introducing Trooper Smith, who has been on the force for five years, she said words like leadership as well "conscientious" and "integrity" appeared on the peer nominations that led to his award.

Lt. Kapp noted that Trooper Smith was responsible for 20 percent of recent alcohol-related arrests on the Monroe post. She also recounted some examples of Trooper Smith’s work, including saving a man from committing suicide by pulling him from the road and instructing his girlfriend to call 911 — when he was off-duty. "I knew that there would be a sheriff’s deputy coming to back me up," Trooper Smith said as he accepted his award.

Acknowledging the Monroe County Sheriff’s Office and the Monroe Police Department,
he said, "I want to make that known — we work together." Sheriff Tilman Crutchfield noted, as had Lt. Kapp, that peers also were active in choosing Deputy LaMontaine for this year’s award.

"It’s the best of the great, and we allow them to select their own," he said. Sheriff Crutchfield said Deputy LaMontaine did some early police work in Clay Township, sharing duties with his father and brother, and then went on to work in Wayne County before coming to Monroe. His responsibilities here, Sheriff Crutchfield said, include investigation of child abuse, child neglect and criminal sexual assault.

Deputy LaMontaine, who’s worked in the sheriff’s office since July, 1999, complimented the Monroe Exchange Club as he accepted his award. "We both serve our communities and seek to make them better places," he said.

Monroe police Chief John Michrina lauded Cpl. Fuher’s consistency and versatility as he presented the city’s award. "Chris has on days, up weeks all the time," he said of Cpl. Fuher, who has served in the department for the past 17 years. He added that strong evaluations for Cpl. Fuher came from across the spectrum of the police department’s personnel.

In an event packed with expressions of gratitude, Judge Mark Braunlich, serving as the luncheon’s master of ceremonies, thanked the officers for "their role in contributing to the safety of Monroe and to the quality of life that we all enjoy." The luncheon also had its moments of levity. Trooper Smith elicited laughter when — after his work patrolling the highways just had been described — he said, "I see a lot of familiar faces in the crowd."

City politics slipped into the luncheon, as well. Mayor C.D. (Al) Cappuccilli drew chuckles when, before praising the officers, he announced that he had just leased a Hummer. That tongue-in-cheek remark alluded to the recent controversy over whether the mayor should be granted a vehicle for city business. But most of the luncheon focused on the officers. "Effective law enforcement is important to the community," said Judge Braunlich. "It’s important that we recognize that."

Retrieved February 22, 2006 from http://www.monroenews.com/apps/pbcs.dll/article?AID=/20060217/NEWS01/102170010/-1/NEWS

Posted by Dr. Kardasz at 10:03 AM |

Fostoria, Ohio- Ethics - Misconduct

Fostoria police officer quits amid allegations
Veteran allegedly interfered in case

August 17, 2005, By Steve Murphy, The Toledo Blade

Fostoria, Ohio - A 23-year veteran of the Fostoria police force has resigned amidst allegations that he interfered with a friend's drunken-driving case. Detective Mike Clark, who had been on a paid leave of absence since June 3, submitted a letter of resignation effective Monday.

Mayor John Davoli and Safety-Service Director William Rains replied with a letter accepting the resignation yesterday. "I believe this resignation is the best result for the city," the mayor said in a statement. Mr. Clark could not be reached for comment.

According to written reports from the Ohio Highway Patrol and an internal police investigation, Mr. Clark showed up in a city vehicle at an Oct. 31 traffic stop of Jocelyn Phillips, 34, of Fostoria and tried to persuade Trooper Jonathon Gray to release her to his custody. The reports allege that Mr. Clark, who was off duty and in civilian clothes, tried to mislead Trooper Gray and other authorities about how much Ms. Phillips had drunk and advised her not to take a breath test. "Due to Detective Clark being there, Phillips would not follow my instructions until she got the OK from him," Trooper Gray wrote in a statement to Fostoria police Capt. Rodger Wilson, who conducted the department's internal investigation.

That inquiry found Mr. Clark later lied to two city prosecutors handling the case and tried to intimidate them into reducing or dropping a charge of operating a motor vehicle while intoxicated against Ms. Phillips. The Fostoria woman pleaded guilty to a minor-misdemeanor charge of reckless operation on Feb. 15 in Fostoria Municipal Court and was fined $150. One of the prosecutors, Carol Reffner, said in a statement to Captain Wilson that Mr. Clark wrote a letter on police stationery to Ms. Phillips' attorney last November stating that the woman told him she consumed two drinks the night she was arrested.

However, Trooper Gray said in a report a microphone in his cruiser recorded a conversation between Mr. Clark and Ms. Phillips in which the woman acknowledged drinking four beers and two shots of liquor. "Clark wrote out a statement on Fostoria Police Department letterhead clearly for the purpose of throwing a harpoon in the state's case, claiming that Ms. Phillips was not drunk," Ms. Reffner wrote in her Feb. 18 statement. Barbara Dibble, a prosecutor who works with Ms. Reffner, said in a statement that Mr. Clark threatened her during an encounter in November.
"He suggested that no one dare cross him," Ms. Dibble wrote. "He then approached me like he was going to bump me but did not and said something to the effect of ... what's this, a baggie of drugs ... as though I had dropped them ... or as though he could certainly make it look like I had."

While with the police department, Mr. Clark served as its main contact with the Seneca County Drug Task Force. During its internal inquiry, the city referred the matter to Wood County Sheriff Mark Wasylyshyn, who asked Lt. Charles Frizzell to review the case. In a July 1 letter to Mr. Davoli, the sheriff said Lieutenant Frizzell "feels there are several code of ethics violations which include intimidation, interference with a law enforcement officer's arrest, and most importantly false statements." No criminal charges have been filed against Mr. Clark. The city has referred the case to Lynne King, a municipal prosecutor for the city of Sandusky. Neither Ms. King nor Alicia Wolph Roshong, Fostoria's law director, could be reached yesterday for comment.

Mr. Clark is the latest officer to leave the force because of allegations of misconduct. Chief Dennis Day was fired in August, 2004, after being charged by Fostoria officials with "dishonesty, insubordination, neglect of duty, and failure of good behavior," including accusations that he left town while on duty to visit an ex-girlfriend in Florida.

Sgt. Nick Portentoso resigned in April, 2003, charged with stalking and threatening his estranged wife. And in December, 2001, Officer James Kieffer resigned while facing a domestic violence charge involving his wife.

Despite the string of disciplinary issues, Mr. Davoli said he remains confident in the city's law enforcement unit. "They're a great group of people," he said. "It's unfortunate we've had a couple of these high-profile things happen, but you cannot judge a whole department by the actions of a few."

Contact Steve Murphy at:smurphy@theblade.com, or 419-724-6078. 

Retrieved February 22, 2006 from http://toledoblade.com/apps/pbcs.dll/article?AID=/20050817/NEWS03/508170466

Posted by Dr. Kardasz at 09:40 AM |

Ethics - Advertisements on Police Cars

Kardasz: The following story describes a town that now places advertising on police cars.

This raises some interesting ethical issues and questions:In this instance the sponsor is a local grocery store. Will the next shoplifter arrested at the grocery store claim that the cops are picking on him in a preferential treatment way becasue the store sponsors the police department? What kind of ads will be approved or denied in the future? Will the town permit advertisements for topless bars? Politicians? Donut shops? Firearms manufacturers? Will there be future fairness or discrimination issues by those businesses whose request to sponsor are denied?

Imagine the officers driving the cars and the quizzical looks they will receive from fellow motorists who have never seen advertisements on a police car before.

How long will it be until a sponsor who’s ad appears on a patrol car is stopped by police and uses some variation on and old saw, “I pay your salary!...and I pay for your advertisements!”

What are your thoughts?

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Massachusetts Town Puts Ads on Cruisers

February 15th, 2006, By Kathlee Burge, The Boston Globe

All five of the police cruisers in Littleton had racked up more than 100,000 miles and were frequent visitors to the repair shop. When town budget officials said there was no money for new cars, Police Chief John M. Kelly had an unusual idea: Sell ads on the cruisers.

Last Wednesday, the town's newest cruiser, a blue 2006 Ford Crown Victoria, began roaming the streets of Littleton, a town of 8,600 about 26 miles northwest of Boston, with small ads on its trunk and fenders for Donelan's Market, a local supermarket chain. It is the first police vehicle in the state emblazoned with commercial advertisements. A local Toyota dealership and another business that wishes to remain anonymous are considering sponsorship of two other cars.

For the ads, Donelan's is paying $12,000 a year for three years, the full cost of leasing the vehicle for the Police Department.

Businesses can also pay for portions of a police cruiser or fire pickup truck: $4,000 a year for a single ad on the trunk or $8,000 a year for ads on both fenders.

"I believe it's very innocuous. It's not like a NASCAR," Kelly said, referring to race cars that are festooned with advertising and corporate logos. "It does not take away from the integrity of the vehicle being a police cruiser."

But others are not so sure. Selling commercial space on law enforcement vehicles has been controversial in municipalities across the country over the past several years. It is not clear how many police departments have sold ads on their cruisers.

"Putting ads on police cars literally says our law is for sale, and of course that's going to increase dis respect for the law itself," said Gary Ruskin, executive director of Commercial Alert, a group based in Portland, Ore., that monitors commercialism. "It's not the proper role of a city or its police force to hawk products."

In 2002, after several communities considered selling ads on police cruisers, Commercial Alert and several- dozen law professors and other criminal justice specialists sent letters to the chief executives of 100 of the country's largest advertisers. The letters asked them to refrain from advertising on police vehicles to avoid turning law enforcement officers into "objects of ridicule and contempt." Locally, as communities have struggled to pay for services without significantly increasing taxes, many have turned to new ideas. Several school districts allow their buses to act as traveling billboards, after Beverly's yellow buses began advertising Big Jim's Auto Body and Curves gym in 2003.

Before Kelly began selling ads, he checked with the offices of the attorney general and the inspector general, to see whether there were any restrictions. They told him that there were no specific rules and that no other police department had a similar advertising campaign.

Kelly said he was talking with local advertisers, not national companies, and would reject ads that weren't appropriate for police cruisers, such as those for liquor, tobacco, or birth control.

Some Littleton residents at a November Town Meeting said they were concerned about advertisers getting special preference from the Police Department.

Both Kelly and Wayne Coe, director of finance for the six-store chain of Donelan's Supermarkets, said Kelly told store officials that would not be the case. "We're not expecting any special treatment here," Coe said. The state association of police chiefs does not take a position on ads on police cruisers, recognizing that towns are struggling with their budgets, said the group's president, Chief A. Wayne Sampson of Shrewsbury. But, Sampson said, he would not want the ads in his town.

"It doesn't seem to be the professional standard that we should be projecting," he said. "We're not a taxi cab company."

Councilor Stephen J. Murphy, chairman of the Boston City Council's Public Safety Committee, said the council has never considered advertising on police cruisers, and he was dubious that the idea would win support. A few years ago, he said, councilors rejected the idea of advertising on school buses. "We thought that advertising might clutter the bus to the point that it might clutter the purpose of the bus and confuse drivers," he said.

Murphy said he would fear that advertising on police cruisers would also confuse motorists.

"Emergency vehicles are intended for public safety uses, and I don't think we'd try to turn them into revenue generators," he said. Kathleen Burge can be reached at kburge@globe.com. 

Retrieved February 21, 2006 from http://www.officer.com/article/article.jsp?id=28657&siteSection=1

Posted by Dr. Kardasz at 12:43 AM |

February 21, 2006

Ethics - Misconduct

Kardasz: Here is an unusual story from India of an officer who violated his ethics. Notice that he was once lionized for fighting against crime and killing over 83 members of the underworld.

 

What do you think?

 

One-time police hero Daya Nayak is arrested

 

Mumbai, India

 

Daya Nayak, disgraced police officer and a one-time cult hero for his role in eliminating scores of underworld gang members, was arrested here Monday after being accused of amassing wealth by corrupt means. Bollywood superstar Amitabh Bachchan will also be questioned in connection with Nayak's arrest, said police officials.

The arrest brings to an end a longstanding cat and mouse game between Nayak and the Anti-Corruption Bureau (ACB) after a sessions court court - before which he surrendered Monday noon - rejected his bail plea. The ACB is slated to record Amitabh's statement as he was reportedly present at the inauguration of a Rs.10-million school set up by Nayak in his native village Yennehole in Udupi district of Karnataka in 2000, officials said.

 

Formerly attached to the Mumbai Police's crime branch office in Kandivli in western Mumbai, Nayak will now be produced before the same court Tuesday. His surrender followed a non-bailable arrest warrant issued against him Saturday. The Supreme Court had Friday rejected his petition for anticipatory bail. Nayak, who reportedly killed over 83 members of the underworld in separate shootouts during his posting in the crime branch and was the inspiration for Bollywood films, had earlier accused his senior officials of conniving against him.

 

He had told TV channels Sunday that several senior police officials, including City Police Commissioner A.N. Roy, were conniving against him and that even his life was under threat.

However, Roy denied the allegations, calling them statements of a cornered accused "out of desperation".

 

He told a TV channel: "The probe against him (Nayak) was not initiated by any individual but rather on the court's direction. It is only during the course of investigations that the disproportionate assets case emerged. "So there is no question of anyone conniving against him. If he had complaints, why did he not speak till now? Now that he is cornered, he is manipulating the media in his own favour."

 

Nayak, whose story inspired Hindi films such as "Ab Tak Chhappan" and "Kagaar", was removed the crime branch in 2003. Investigations were initiated against him following a petition filed in 2003 by journalist Ketan Tirodkar who had alleged that Nayak had links with the underworld.

 

Retrieved February 20, 2006 from http://www.newkerala.com/news2.php?action=fullnews&id=13208

Posted by Dr. Kardasz at 12:48 AM |

February 20, 2006

Heroes - Toronto, Canada

Toronto officers receive honors

February 18, 2006

TORONTO - Three City Police officers are being recognized by city officials for their professionalism and dedication to their duty.

Patrolmen Tony Porreca, Charlie Daniels and Larry Fogle soon will be recognized though a proclamation issued by Mayor John Geddis for their hard work in 2005, according to John Parker, city safety director.

"They led the department in arrests, cases solved and citations," said Parker, adding the three combined records showed they were involved with more than 425 cleared cases for the year. "All three demonstrated a high degree of professionalism. These guys do good things out there, and it's time they were recognized for it."

Parker said the officers were an example of how the department has been making improvements during the past year, with new equipment acquired through grant funds, new training on law enforcement technologies and an emphasis on what Parker said was community policing.

"(These three officers) take the time to do things in the community," Parker said. "They get out there and do community policing. These guys are well-liked."

Parker used the example of Porreca taking the lead in organizing a fund-raiser for children's cancer research as something that helps give the police a positive profile in the community. The fund-raiser is through St. Baldrick's, an organization that raises funds for research into children's cancer issues.

"I think anytime someone takes the the time - their own personal time - to organize an activity that raises awareness and helps funding and research for such a devastating disease in children - that's an outstanding gesture," Parker said. "That's something he doesn't have to do. That's above and beyond the call of duty. That shows the integrity of the officers in our city."

Parker said establishment of a new information and management records system is another positive step, and officers are "responding very well" to the new technology. "Our files are now more organized," Parker said. "We're in the process now of acquiring new digital cameras that will be compatible with the new computer system."

Parker said Patrolman Rick Parker will be traveling to New Mexico Monday for training in the use of night vision equipment acquired through a grant from the Army. Parker also said the police have stepped up their activity in trying to make life difficult for the criminal element in the city. "We've done more drug raids than ever in the city during the past year," Parker said.

He also gave credit to Rick Parker and Capt. Randy Henry for their role in cracking a major theft ring in Toronto operating out of three states last year. Parker added the department also sponsored an anti-drug dance for Karaffa Middle School pupils.

"Almost 100 (pupils) at Karaffa Middle School participated in a safe, drug-free event," Parker said, adding the department's future includes more of the same community policing tactics.

"I think we need to stay on the same path for training and staying on the cutting-edge of law enforcement, Parker said. "I think we need be even more community-orients. The officers need to be helping at different community activities. That bridges the gap between the community and the police department." Parker used the examples of the city's 0.5 wage tax passing last November, the Toronto Eagles Club donating $2,100 to the city's safety forces and the Toronto VFW Ladies Auxiliary donating breathalizers to the department as evidence the department's improvements are being noticed in the community. He also said Toronto was one of the safer communities in the area.

"I feel you can go anywhere, anytime in this community and still feel safe," Parker said, adding keeping the city safe is the responsibility of the entire community. "Everyone plays a part in keeping our community safe. When everyone comes together, you find the criminal element moves away from cities where citizens work together. That's what makes Toronto special."

Retrieved February 20, 2006 from http://www.hsconnect.com/news/story/0218202006_new01news021906.asp

Posted by Dr. Kardasz at 02:10 PM |

Ethics - Police - Off Duty Work as a Private Investigator

Kardasz: The following story raises questions about whether or not officers should be permitted to work off-duty as private investigators.

What do you think?

-------------------------------------------------------------------------------------------------------------

LAPD Has No Curbs on Officers' Working as PIs

By Peter Y. Hong, Times Staff Writer
February 19, 2006

While working for the LAPD, veteran detective Mark J. Arneson found a way to turn his police expertise into profits: He became a private eye.

Arneson allegedly went too far — he was indicted this month with private investigator Anthony Pellicano on charges of illegally pulling private data from police computers. Pellicano allegedly paid Arneson $189,000 for his services.

Arneson was suspended in 2003 and has left the department. But other officers do outside investigative work. Among large departments in the nation, Los Angeles is rare in allowing officers to moonlight without restriction as private detectives — a dangerous practice, say both police experts and officials in other cities.

"I strongly disapprove of the idea. It is an enormous potential conflict of interest," said Joseph McNamara, a former San Jose police chief who is a fellow at Stanford University's Hoover Institution. When police serve both the public and paying clients, the integrity of their work can be compromised, McNamara said.

"Let's say you're a straightarrow detective, and a partner asks a question about a case," he said. "You just answer, assuming he's asking because he's a police investigator. In fact, he may be asking the question because a private client wants to know."

Dorothy M. Schulz, a professor of police studies at John Jay College of Criminal Justice in New York, said that "there would be too many opportunities as a private detective where the type of information available to a police officer would be useful to you."

"One would have to be a very strong individual not to take advantage of wearing two hats," she said. Rather than count on the moral fortitude of their employees, most large departments remove the temptation altogether.

Boston, for instance, has a specific rule prohibiting police from being private detectives as well as performing investigative work for insurance companies, collection or credit agencies, lawyers and bail bond agents.

The Los Angeles County Sheriff's Department also prohibits outside investigative work. "We don't allow it; it's a conflict," said spokesman Steve Whitmore.

Other departments place restrictions on such outside activity. New York does not allow officers to work as private investigators on criminal matters but permits them to perform civil investigations. Chicago bars command-level staff from private detective work but allows those below that rank to work as investigators.

The LAPD has no such restrictions. And the department does not track how many officers are private detectives. Its work permit rules, however, dictate that officers not engage in investigations "in conflict with this department or the city of Los Angeles." Police Chief William J. Bratton declined to comment for this article. LAPD Deputy Chief Michael Berkow said California labor laws make it difficult for employers to restrict outside employment.

"There is a general atmosphere in California that gives deference to an employee's lawful conduct over an employer's ability to regulate that conduct," he said. Former Los Angeles Police Chief Daryl F. Gates nevertheless called it "unbelievable" that LAPD officers are working as private investigators.

"It is a conflict. For anybody who has access to police files, the temptation is too great" to abuse that access, he said. "You're a private investigator one minute, the next minute you're an officer or detective. It just doesn't work." Although there was no written rule prohibiting outside investigative work while he was chief, Gates said he did not allow such jobs.

"Certainly I would never have given a work permit for that kind of thing. It is a definite conflict of interest," said Gates, who left the department in 1992. Yet LAPD officers have apparently been working as private investigators for quite some time. Arneson, for instance, declared in a 1998 bankruptcy filing that he had been a private investigator for 22 years.

Today, LAPD officers openly market themselves as investigators. Officer Timothy Marks is a licensed private investigator whose firm, Secutors, offers such services as traffic collision probes, background checks, hate crime investigations, "paparazzi control" and video surveillance. A brochure for the business proclaims "Protection With Connections."

Marks, through a spokesman who identified himself only as Kamal, declined to comment. Mark F. Mireles, a patrol officer, runs a Burbank private investigations firm, according to the LAPD. The firm's website, which does not identify Mireles as an LAPD officer, lists criminal investigations and missing-persons searches among the company's services. Mireles declined to comment.

Arneson is not the only LAPD officer alleged to have broken the law working as an investigator. In July 1999, the department charged Robert Pulley, a Northeast Division detective, with 36 violations of LAPD rules.

The alleged offenses included 31 charges of illegally obtaining information on individuals from LAPD computers. The other five counts alleged that Pulley used department equipment for financial gain and that he misrepresented his status as a detective to the public and the district attorney's office. Pulley retired in August 1999. He could not be reached for comment. Former LAPD Chief Bernard C. Parks, now a city councilman, thinks a ban on private investigators is unnecessary.

"Certainly when you're dealing with private investigators, it creates some sensitivity. With private investigator or security jobs there is a different dynamic than being a pool cleaner," Parks said. But he added that when he was chief, "we found officers violating confidentiality; some were private investigators, some were not. The issue is not whether someone is a private investigator; it is whether the person is honest or dishonest."

McNamara said politics, not sound policy, keep departments from banning private investigative work. "I do not think there is a chief in the country who likes the idea," he said. "Privately, a lot of police chiefs might be uneasy. But speaking out can be difficult — to go up against your union and also against your bosses, who are the elected officials, who themselves don't want to make waves."

Jude Schneider, a spokeswoman for the Los Angeles Police Protective League, said the union has no position on the matter.

Times staff writer Scott Glover contributed to this report.

Retrieved February 20, 2005 from http://www.latimes.com/news/local/los_angeles_metro/la-me-pellicano19feb19,0,690232.story?page=2&coll=la-commun-los_angeles_metro

Posted by Dr. Kardasz at 01:54 PM |

Ethics - Police - On-Duty Football Betting Pool

 Kardasz:  Police officers are held to a higher standard of conduct than persons in many other occupations. Officers swear to adhere to an oath of office and are then subject to a long list of rules and regulations. The following story describes a football betting pool that would not be improper in many non law enforcement workplaces.

What, if any, discipline should the officers involved in this situation receive?

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Super Bowl pool run by state police raises ethical stakes
Saturday, February 18, 2006

By MITCHEL MADDUX
TRENTON BUREAU

In the days leading up to the 2005 Super Bowl, troopers inside the state police barracks in Bloomfield were busy running their own football gambling pool.

At least 34 troopers placed cash bets -- more than half of the officers assigned to the barracks.

The station's commanding officer took decisive action after spotting a sign advertising the pool next to a sergeant's desk: He placed his own bet and eventually won $100, according to an internal report of the incident obtained by The Record.

The agency's recent charges against an illegal sports-betting ring allegedly operated by a state trooper and a National Hockey League coach attracted international media attention, but the Bloomfield barracks pool shows that the state police have been struggling with other types of legal, on-the-job gambling.

Running a bookmaking operation where the ringleader makes a profit is illegal in New Jersey, but wagering on sporting events, such as football pools, is legal as long as no one takes a "cut," or a percentage of the winnings.

However, allowing police officers to bet while on duty and inside a government building is way out of step with the world of American police agencies.

OTHER STATES FROWN ON BETTING

New Jersey State Police formally banned all forms of betting on duty last week. But other states have had longstanding prohibitions. Here is a sampling.

 

  • Michigan: "That type of behavior would be considered inappropriate. We do hold our officers to a higher standard and a code of conduct."

     

    - Melody Kindraka, Michigan State Police spokeswoman

     

  • Nevada: "Employees shall not engage or participate in any form of illegal gambling at any time, except in the performance of duty under proper and specific orders from a superior officer. Officers shall not engage in legal gambling while in uniform or while on duty."

     

    - Nevada Highway Patrol written policy

     

  • New York: "Our regulations specifically prohibit state police members from engaging in or participating in any form of gambling while on duty or in uniform or while at any state police installation."

     

    - Lt. Glenn Miner, New York State Police spokesman

     

  • Texas: "Our policy explicitly forbids any type of gambling while on duty, including any game of cards, pool, dominoes, billiards, pinball, lottery or games of chance."

     

    - Tom Vinger, Texas Department of Public Safety spokesman

    • "It's totally inappropriate conduct for a law-enforcement officer to engage in, and it casts a very bad image on the entire department," said Hubert Williams, president of the Police Foundation, a Washington, D.C-based institute that studies issues of police integrity and professionalism.

    "It brings on the officers an aura of disrespect -- you lose your status and moral authority with the public," he said.

    A sampling of state police and highway patrol agencies in New York, Michigan, Nebraska, Texas, Idaho and California found that state troopers and officers in those states are strictly prohibited from participating in all forms of sports betting pools while on duty.

    The same is true in Nevada, which has the nation's most permissive attitude toward betting. The Nevada Highway Patrol's policy states: "Officers shall not engage in legal gambling while in uniform or while on duty."

    Betting not condoned

    Capt. Al Della Fave, a New Jersey State Police spokesman, said the agency does not condone last year's betting pool at the Bloomfield barracks, which houses troopers who patrol the Garden State Parkway. He did not know if Col. Rick Fuentes, the state police superintendent, had been briefed on the incident.

    "The superintendent concurs that gambling on duty is inappropriate behavior for a law-enforcement person," Della Fave said. "If anybody is caught gambling on duty in the future, the Division of State Police -- based on the parameters of that incident -- will take appropriate action."

    It was not until last week that Fuentes issued a directive barring New Jersey troopers from engaging in any type of gambling while on duty. The order was issued shortly after the agency announced criminal charges against Trooper James Harney and Rick Tocchet, an associate coach of the NHL's Phoenix Coyotes.

    Some gamblers placed their bets by calling Harney's cellphone while he patrolled the New Jersey Turnpike in his police cruiser, officials said. Attorneys for both men said their clients had done nothing wrong and vowed to fight the charges.

    State police detectives suspect that Janet Jones, an actress married to former hockey superstar Wayne Gretzky, placed bets with the ring, sources said.

    There are major differences, however, between the Harney case and what happened inside the Bloomfield barracks. For one, no officer made a profit from the Super Bowl pool.

    Williams said it is improper for law-enforcement officers to be betting on the job, even if it is legal.

    State police commanders who learned of the Bloomfield Super Bowl pool should have sent a clear signal that betting conduct was not appropriate in a law-enforcement setting, he said.

    "Whenever you have a situation like this going on, management has to rise to the occasion," Williams said. "You have to have some consequences for this kind of behavior."

    After receiving a complaint about the Bloomfield betting pool, state police commanders referred the matter to an investigator assigned to Troop E, which is responsible for the Parkway, according to the state police report.

    The investigator quickly established that troopers had begun placing bets in a Super Bowl gambling pool one week before the Philadelphia Eagles faced the New England Patriots in Jacksonville on Feb. 6, 2005.

    The thrust of the investigation then turned to the question of whether signs advertising the betting pool and an envelope containing cash bets were visible to the public from the station's front desk.

    The trooper who filed the complaint about the pool said the betting boxes were situated next to the sergeant's desk, "in close proximity of the front window at the station," the report says.

    In fact, the Bloomfield barracks commander was "aware that the posting of a Super Bowl pool in view of the public would be inappropriate," the report says. The internal report does not explain why a betting pool hidden from the public was preferable to a pool conducted behind closed doors.

    The report concluded that the pool was not illegal and did not violate state police regulations at the time.

    Della Fave said that during their interviews with the investigator, all of the troopers were counseled against participating in betting pools.

    The Troop E commanding officer agreed on May 31, 2005 that no further disciplinary action should be taken against those participating in the pool. A supervisor assigned to the state police internal affairs division concurred a week later.

    Speaking in his defense earlier during the internal probe, the station commander said he did not think the pool violated the agency's rule banning card playing.

    "Card playing requires you to sit down at a desk and spend numerous amounts of time playing cards," the Bloomfield commander said, according to the report. "[The pool] was a very quick pick, and I don't believe there is any correlation between the two."

    E-mail: maddux@northjersey.com

    Retrieved February 20, 2005 from http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXk1JmZnYmVsN2Y3dnFlZUVFeXk2ODgxNTUxJnlyaXJ5N2Y3MTdmN3ZxZWVFRXl5Ng==

    Posted by Dr. Kardasz at 01:32 PM |

    February 19, 2006

    Manchester, UK

    Medal snub for police hero

    Thursday, 16th February 2006 by Don Frame

    Murdered detective Stephen Oake has been denied the posthumous honour of the George Cross, the Manchester Evening News can reveal. The 40-year-old Special Branch officer was nominated for the medal - the highest civilian award for gallantry - for his courage in tackling al-Qaida terrorist Kamel Bourgass.

    His selfless actions in Crumpsall were credited with saving the lives of three colleagues and could also have prevented a major terrorist attack in Britain. The officer's name was put forward for the George Cross by Greater Manchester Chief Constable Michael Todd, and the nomination was backed in a campaign by the M.E.N. But the Cabinet Office last night confirmed Det Con Oake's actions had not been considered worthy of the medal.

    A spokesman said: "Standards for gallantry awards are extremely high and the fact that an award was not made in this case in no way undermines the tragedy of the incident. "All recommendations are considered on their merit based on the advice of experts."

    The George Cross, the civilian equivalent to the Victoria Cross, has not been awarded to a British policeman for 30 years. It is given for "acts of the greatest heroism or the most conspicuous courage in circumstances of extreme danger".

    The decision to snub Det Con Oake provoked anger among colleagues at Greater Manchester Police. Sgt Paul Kelly, chairman of Greater Manchester Police Federation, said: "Such a decision is an absolute insult to the memory of Stephen, his family and every police officer in Britain.

    "Stephen was brutally murdered by an utterly evil, dangerous man who had already stabbed and very nearly killed a colleague. Stephen chose to intervene even though he was unarmed and wearing no protective equipment.

    "Officers stated on oath that Stephen's actions saved their lives. To deem these actions as not worthy of a gallantry award is indefensible.  "Stephen was murdered as a direct result of the ongoing war on terror. Such evil does not respect national boundaries. Stephen's actions were as brave as any action in the Middle East or Afghanistan.

    "It's more than 30 years since any police officer was recognised with the highest reward for gallantry. If Stephen's actions were not sufficient to achieve such an award I cannot honestly imagine the circumstances in which a police officer or any civilian could receive it. "If Mr Blair is aware of this decision he should be thoroughly ashamed." Det Con Oake, a churchgoing father of three from Poynton, Cheshire, was attacked by Kamel Bourgass during a raid on a flat in Crumpsall in January 2003. The al-Qaida terrorist, who was on the run after police smashed a ricin terror plot in London, grabbed a kitchen knife in a desperate attempt to escape from the building. The weapon was plunged into Det Con Oake's chest eight times - four of them up to the hilt, piercing his heart and lungs - yet the officer clung on to stop Bourgass from fleeing.

    When Bourgass was jailed for life at the Old Bailey in April last year, Mr Justice Penry-Davey praised the "professionalism and bravery" of the police officers involved. Senior politicians backed the M.E.N campaign for Det Con Oake to be awarded the George Cross. The decision not to award the George Cross follows controversy over a compensation award made to Det Con Oake's family last summer.

     

    The Criminal Injuries Compensation Board paid the officer's widow Lesley, and each of their three children £13,000 - a total of £52,000, which the Police Federation described as "derisory". Mrs Oake was not available for comment on the decision not to award her husband the George Cross.

    Retrieved February 18, 2006 from http://www.manchesteronline.co.uk/men/news/s/204/204663_medal_snub_for_police_hero.html

    Posted by Dr. Kardasz at 02:20 PM |

    February 14, 2006

    New Jersey - Hero Officer

    HERO COP PROMOTED

    38-Year Vet Just Saved Kids From Gunfire JERSEY CITY, NJ - Mayor Jerramiah T. Healy and Police Chief Robert Troy announced today that a 38-year veteran of the police force who had just three days left before retirement will be honored today during 12 noon ceremonies at City Hall for last night’s heroics where he through himself in front of gunfire in a police precinct station house to save a mother and children from harm.

    Police Officer Mike Gullace, the senior most member of the Jersey City Police Department with 38 years on the job, will be promoted to the rank of Detective during regularly scheduled swearing in ceremonies for 14 new police cadets. Gullace’s heroic actions where he covered a mom and three children from a gunman’s fire with his own body, were just part of last night’s drama at the West Precinct where the man eventually shot two police officers on the ground level of the building after learning he would be charged with domestic violence charges. "You just can’t say enough about his selfless act. Here’s a guy who is on his way to retirement and he is still putting others’ safety first, just like a kid out of the academy," Chief Troy said last night.

    One of the officers shot last night suffered a gunshot wound to the abdomen that missed all major organs. Another officer was shot in the back but was wearing a protective bullet proof vest. Both are in stable condition at the Jersey City Medical Center. The suspect, Corey Harley, 27, was shot by police officers in the precinct. He is in stable condition.

    For all media inquiries, contact Maria Pignataro, Press Secretary, at 201-547-4836 or at pignatarom@jcnj.org Retrieved February 14, 2006 from http://www.cityofjerseycity.com/press_release/hero_cop.html

    Posted by Dr. Kardasz at 12:24 PM |

    February 03, 2006

    Ethics - Whistleblowing - Springfield Illinois

    Kardasz: The following article describes an incident of alleged retalition after a whistleblowing incident in Springfield Illinois.

    Vose sues city's top police officials -Says they punished him because he exposed misconduct

     

    By Jayette Bolinski, Published Thursday, February 02, 2006

     

    A veteran Springfield Illinois police officer who resigned in January filed a federal lawsuit Wednesday against two of his former bosses alleging they violated his right to free speech after he blew the whistle on misconduct by detectives in the now-disbanded Major Case Unit.

     

     

    Sgt. Ron Vose's suit against Police Chief Don Kliment and Deputy Division Chief Bill Rouse accuses them of retaliating by reprimanding him and moving him from supervising the drug unit to working in the patrol division. The lawsuit seeks $300,000 in compensatory damages and $100,000 in punitive damages, as well as attorneys' fees.

     

    It states that Vose learned during the summer of 2004 that major case detectives were using "trash rips" - going through a person's garbage to find evidence of drugs or criminal activity - to obtain search warrants for buildings. Concerned that the rips could compromise his unit's drug investigations, Vose inspected search warrant applications sought by major case detectives, as well as the warrants themselves, and determined that some detectives were not following departmental and legal procedures.

     

    Vose alleges that the detectives "filed factually inaccurate, misleading or false affidavits with the courts in support of the detectives' applications for search warrants." He also charges that detectives did not properly document confidential sources, even though tips from the sources were being used to obtain search warrants and the sources were being paid cash for information.

     

    According to the suit, Vose took his concerns to his superiors, including Kliment and Rouse, and was assured they would be addressed. However, he says, nothing was done.

     

    Tension between Vose and major case detectives apparently came to a head in November 2004 during the trial of Anthony Grimm, the man ultimately acquitted of strangling 19-year-old Tonia Smith on New Year's Day 1994. Vose says he told Rouse that detectives he had raised concerns about were going to testify in court and that there could be a problem with their testimony.

    Rouse allegedly told Vose that he did not have time to go to the trial but that Vose should go and report back to him.

     

    During the course of the trial, Vose "learned that documents in the possession and control of the ... police department had not been turned over prior to trial to the defendant's attorney, including documents in the files of the one of the detectives," according to the suit. While at the courthouse, a detective - allegedly Jim Graham, though he is not mentioned by name in the lawsuit - confronted Vose and accused him of working for Grimm's defense.

     

    An internal affairs complaint regarding the altercation was filed against Vose by the major case detectives and their supervisor, and Vose received a written reprimand on May 17.

     

    Vose's suit charges that Rouse and Kliment soon after that revised work schedules and assigned an additional sergeant, Kurt Banks, to the drug unit to handle "administrative matters." It also states that Rouse ordered Vose in December 2004 to compose a memo outlining his allegations against the major case detectives. The memo, about 20 pages long, was hand-delivered to Kliment on March 2.

     

    On April 12, Vose met with Kliment, Rouse, Banks and a lieutenant and allegedly was told by Kliment to "either get along with the detectives and supervisors about whom (Vose) had voiced concern or to request a transfer out of the narcotics unit."

     

    According to the lawsuit, Vose met with Springfield Mayor Tim Davlin on April 14 to make sure he, too, was aware of Vose's concerns. On April 15, apparently believing he could no longer get along with the detectives and supervisors, Vose delivered a memo to Kliment regarding a transfer, noting that he "considered the transfer to be a forced transfer and not voluntary on his part."

     

    Three days later, he found two empty cardboard boxes with his name on them outside his office. "The obvious message to Vose ... was that (he) was going to be sent packing," the lawsuit states.

    Vose also was reprimanded for being late turning in to Kliment his memo regarding the ultimatum he allegedly was given regarding getting along with his colleagues.

     

    On April 27, he was transferred out of the narcotics unit to a second-shift patrol job, a move he considers a demotion. Vose, who had been with the Springfield Police Department for 27 years, hired an attorney and resigned Jan. 19. Vose's allegations, at least in part, led to an investigation of the department by Illinois State Police. The probe, which sources have said is criminal in nature, has been ongoing for several months. In addition, a local judge, a Springfield attorney, a private investigator and a federal appellate court opinion all have called into question the Major Case Unit's investigative techniques and the integrity of some of its detectives.

     

    The unit was disbanded on Jan. 1 by Kliment, who has said the move was meant to relieve overworked detectives and had nothing to do with the investigation. Two detectives formerly with the unit, Graham and Paul Carpenter, have been placed on administrative leave while the state police investigation continues. Neither has been formally accused of any wrongdoing.

     

    Jayette Bolinski can be reached at 788-1530 or jayette.bolinski@sj-r.com.

     

    Retrieved February 3, 2006 from http://www.sj-r.com/Sections/News/Stories/77734.asp

    Posted by Dr. Kardasz at 07:18 AM |