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April 30, 2007

AZ ICAC Task Force, FBI & MCAO - Businessman showed unlawful images to 16 year old employee - 10 years prison

April 18, 2007
Phoenix, Arizona - Maricopa County Superior Court
Offender: Tommy Jacob Vetter, age 49. Owner of Vetter Packing and Moving
Charges: Two counts sexual exploitation of a minor (child pornography)
Sentence: Ten years prison followed by 99 years probation and sex offender registration
Agencies: Arizona ICAC Task Force, FBI, Maricopa County Attorney’s Office (MCAO)

On October 17, 2004, a 16 year old employee of Vetter Packing and Moving reported that her boss, 49 year old Tommy Vetter, had shown her images of child pornography on a computer at their Phoenix workplace. Investigators from the Phoenix ICAC Task Force and FBI diligently worked on the case. A search warrant was served at the business and computers were seized. Detectives interviewed Vetter, a divorced father of two. An investigator from the Maricopa County Attorney’s Office conducted a forensics examination of Vetter’s computer and found numerous unlawful images. The Maricopa County Attorney’s Office represented the state and Vetter was indicted by a grand jury in March, 2006. On April 18, 2007, Vetter plead guilty to two counts of sexual exploitation of a minor (child pornography). He was sentenced to ten years prison followed by 99 years probation and registration as a sex offender.

 

 


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April 27, 2007

A quote

He who trims himself to suit everyone will soon whittle himself away.

- Raymond Hull, Canadian writer (1919-1985)
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Dallas, Texas - Lieutenant fired for outburst at restaurant

He grabbed manager over $9, says rules were followed

April 26, 2007. By Tanya Eiserer / The Dallas Morning News. teiserer@dallasnews.com

A Dallas police lieutenant has been fired over a November incident in which he accused a fast-food clerk of cheating him out of his change, flashed his badge, grabbed an employee and left with the $9 he thought he was owed. Lt. Jay Cooper, 44, was fired Thursday. The 23-year veteran had been on administrative leave since shortly after the incident.

"The Dallas Police Department is an organization lacking leadership with integrity," Lt. Cooper wrote in a statement that he faxed to The Dallas Morning News. Lt. Cooper also wrote that he had "followed the law and the rules meticulously and am innocent of all charges."

The investigation that led to his firing began after a Nov. 15 incident at a Whataburger in the 11800 block of North Central Expressway near Forest Lane. Lt. Cooper and his wife had gone through the drive-through line and ordered two hamburgers and drinks from Ahmed Sardar, the manager, records show. Lt. Cooper told investigators that he gave the employee at the window two $10 bills and a penny to pay for the $10.21 order.

Mr. Sardar told investigators that Lt. Cooper had given him $11.01.

Lt. Cooper and Mr. Sardar agreed that the manager gave the officer 80 cents in change. Lt. Cooper said he told Mr. Sardar he still owed him $9.

When Lt. Cooper insisted that he was owed money, employees said they counted the money in the register and found that Lt. Cooper had been given the correct change. The manager then approached Lt. Cooper's vehicle and told him what he had found. He told investigators that Lt. Cooper pushed him by bumping him with his belly.

He said that Lt. Cooper showed him his badge and said: "You are under arrest." Lt. Cooper wrote that he placed Mr. Sardar in a wristlock and patted him down. Lt. Cooper wrote that his wife called 911 to ask for additional police help, but she got a recording.

The manager told police that Lt. Cooper pinned him against the truck and twisted his hands to his neck and searched his pockets. "I keep telling him: 'I will give you the money.' He keep telling me he is arresting me," Mr. Sardar told investigators. Another employee, Delana Clewis, approached as this was going on. "I was scared and I thought my manager was being robbed," she told investigators.

Lt. Cooper told investigators that he told her that the manager was going to jail for theft. He showed her his badge, and she then retrieved $9 from the store and gave it to him. "I let loose of the man's hand and got back into my truck and left," he told investigators.

Store employees called 911 and reported the encounter. Later that day, two corporate officials say that Lt. Cooper contacted them and told them that he was a Dallas police officer, that their employees were lying, and that he would not hesitate to take legal action.

Lt. Cooper wrote that he contacted corporate officials because he wanted them to know that they had a thief working for them. Lt. Cooper denied introducing himself as a police officer. He was later issued a citation for Class C misdemeanor assault. A trial date on the ticket has been scheduled for June 19.

In 1998, he filed an internal report – three years before the fake-drug scandal that rocked the Police Department – that outlined poor tracking of paid drug informants. The problems he found mirrored those uncovered in the 2001 scandal, in which dozens of immigrants were wrongly jailed on drug charges.

Police officials have previously said that they could not find any record that anyone ever saw the report.

Lt. Cooper previously had sued the city, alleging that he was discriminated against and repeatedly passed over for promotions because he was a white man. He has sued the Internal Revenue Service, contending the agency owed him about $2,000. Those lawsuits are pending.

Retrieved April 27, 2007 from http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/042707dnmetcopfired.2f54f7f.html#
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Atlanta, Georgia - Three Atlanta Police Officers Charged In Fatal Shooting of Elderly Atlanta Woman

April 26, 2007

Two Atlanta Police officers pleaded guilty to charges related to the fatal police shooting of Kathryn Johnston, a 92-year-old woman, in her Atlanta home during the execution of a search warrant in November 2006. A third officer was indicted yesterday by a Fulton County grand jury on charges related to the death of Ms. Johnston. The pleas and indictment are the result of an investigation conducted by the Federal Bureau of Investigation and the Georgia Bureau of Investigation, and overseen by the Fulton County District Attorney's Office, the U.S. Attorney's Office for the Northern District of Georgia, and the Justice Department's Civil Rights Division.

Officer Gregg Junnier, of Woodstock, Ga., and Officer Jason R. Smith, of Oxford, Ga., pleaded guilty in state court to voluntary manslaughter, violation of oath by a public officer, criminal solicitation and false statements, and in federal court to a civil rights conspiracy violation that resulted in the death of Ms. Johnston. Smith also pleaded guilty in state court to one count of perjury.

The third officer, Arthur Tesler, of Acworth, Ga., was indicted on state charges of false statements, violation of oath of office by a public officer, and false imprisonment.

"Any act of police misconduct threatens to undermine public trust in the worthy goals of law enforcement," said Attorney General Alberto R. Gonzales. "The overwhelming majority of law enforcement officials -- men and women of strong integrity who risk their lives to protect ours -- perform their essential duties with dignity and professionalism. We cannot allow misconduct of this nature to undermine the good work of so many others.

"The killing of Kathryn Johnston by Atlanta police officers was a horrible and unnecessary tragedy," said David E. Nahmias. Fulton County District Attorney Paul Howard called the shooting of Ms. Johnston, "one of the most horrific tragedies to occur in our community. Moreover, our investigation showed that many of the practices that led to her death were common occurrences in this unit of the Atlanta Police Department.

According to the information presented in court, Junnier and Smith on several occasions while working as APD narcotics officers, made false statements in sworn affidavits to state magistrate judges in order to obtain "no knock" search warrants for residences and other locations where the officers believed illegal drugs would be found.

On the afternoon of Nov. 21, 2006, Smith, Junnier and Tesler executed a "no knock" search warrant at the home of Kathryn Johnston, knowing that the warrant had been obtained on the basis of false information that Smith had presented to a magistrate judge to procure the warrant. The victim, who was the only occupant of the house, fired through the door a single .38 caliber shot, which hit no one. Junnier, Smith and four other officers returned fire, hitting the victim with five or six shots, one of which was fatal.

Officers searched the home after the shooting, but found no drugs. Smith then planted in the basement of the house three baggies of marijuana that the officers had seized elsewhere earlier that day. Tesler then filed a false APD incident report stating that a purchase of crack had been made at Johnston's home earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street, the home of the victim. The defendants also met to fabricate a story, which they later recounted to APD homicide investigators, falsely justifying the events leading to the shooting of Kathryn Johnston.

Junnier and Smith have resigned their positions with the APD and Tesler is on paid administrative leave.

Contact: U.S. Department of Justice (202) 514-2007; TDD (202) 514-1888
SOURCE U.S. Department of Justice
Retrieved April 27, 2007 from http://news.yahoo.com/s/usnw/20070426/pl_usnw/three_atlanta_police_officers_charged_in_fatal_shooting_of_elderly_atlanta_woman


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Rochester, New York - Suspended deputy convicted of felony eavesdropping

April 24, 2007

Rochester, New York. (AP) A suspended sheriff's deputy was convicted Tuesday of felony eavesdropping for his unsanctioned investigation with computer spyware of a neighbor.

State Supreme Court Justice Stephen Sirkin also convicted Investigator R. Michael Hildreth of misdemeanor official misconduct. He was acquitted of felony third-degree computer trespassing against the man he thought posed a threat to young girls in their suburban Rochester neighborhood.

Hildreth, 45, could face up to four years in prison at sentencing June 26. In 1999, he became one of the first Monroe County deputies assigned full-time to a computer crimes unit.

Prosecutors said Hildreth in 2005 sent Penfield neighbor James Missel an email about potential job prospects with an attachment that, when opened, planted the spyware program Blaster on Missel's computer, allowing the investigator to monitor every keystroke, Web site visited and chat room entered on the computer.

Hildreth also left a computer disk in his neighbor's mailbox, purportedly from the same potential employer, with the same job information. When inserted in the computer's disc drive, it also  downloaded the spyware.

Hildreth was been suspended without pay from the sheriff's office since his arrest in June 2006.

Assistant District Attorney Mark Monaghan said a follow-up investigation turned up no evidence of wrongdoing by Missel, who had volunteered for more than 30 years with a private school.

Retrieved April 26, 2007 from http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--computertrespass0424apr24,0,4855658.story?coll=ny-region-apnewyork


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April 25, 2007

Colorado man arrested for sending pictures to Kansas City teen

By: Jeffrey Wolf , Web Producer  KUSA*TV, 4/18/2007

Greeley – The Weld County Sheriff's Office has arrested a 26-year-old man they say was sending pornographic images to a 13-year-old girl in Kansas City over the Internet.

The sheriff's office was alerted to the behavior by the Internet Crimes Against Children Task Force. The ICAC said the man was engaging in sexual conversation and sending pictures. The man was identified as Matthew Anthony Lilly of Greeley. He was arrested Wednesday and faces charges of Internet luring of a child with intent to exploit and sexual exploitation of a child.
He is being held in lieu of $100,000 bond.

Retrieved April 25, 2007 from http://www.9news.com/news/local/article.aspx?storyid=68360


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New Mexico Internet Crimes Against Children Task Force Arrests Sex Offender

April 19, 2007

Convicted sex offender Jeramie Dante of Albuquerque was sentenced today to a maximum penalty of 18 months in prison for one count of 4th degree child solicitation by computer.

New Mexico Attorney General Gary King’s prosecutors said that Dante was “lucky to be sentenced under the current law” and not the recently passed legislation that amended the statute.  Under current law, the maximum sentence for a conviction of child sexual solicitation is 18 months without a requirement to be registered as a sex offender. The strengthened law makes child solicitation by computer a 2nd degree felony and Dante could have faced up to nine years in prison and been required to register as a sex offender with the New Mexico State Police.

Attorney General Gary King says, “I’m glad we were able to get the maximum sentence under the old law, but the new penalties are clearly more in line with the severity of the crime and the lasting effects on young victims.”

Dante was arrested in May, 2006 by the Attorney General’s Internet Crimes Against Children (ICAC) Unit.  During an online chat session on the Yahoo! Instant messaging service, an ICAC agent posing as a girl received messages from a user with the screen name “wiccanprince1982.”

Between May 3 and May 12, 2006, the agent received several sexually explicit instant messages from wiccanprince1982. The messages from wiccanprince1982 described what he would like to do to the “girl” and suggested they meet in person for sex at his residence. Dante, going by his screen name, disclosed that he was 32 years old, lived near Montano and I-25 in Albuquerque, and sent photographs of his body parts. Dante also allowed the supposed 12 year old girl to view his live web cam broadcast in which he masturbated in front of the camera.

The two scheduled to meet on May 9, but Dante did not make an appearance. Two days later, during the course of conversations, Dante asked for another opportunity to meet the “girl” and another meeting was scheduled for May 12. Dante again did not appear. May 16, the agent received a set of messages from Dante, who was using the screen name “shattered_dreams8899.” Dante told the agent he would teach her how to have sex.

Using the photographs Dante took of himself, ICAC Investigators were able to confirm Dante’s identity and address. On May 18, special agents from the Attorney General’s ICAC Unit approached the apartment where records show Dante was residing. When Dante opened the door, agents serving a search warrant were able to match items in Dante’s apartment to items contained in photographs he had sent of himself to the “girl” to which he was sending instant  messages.  He was arrested and taken into custody by ICAC agents.


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Miss America Helps Cops in Sex Sting - Celebrity Cybervigilante?

Dr. Kardasz:

It is very troubling to see that another publicity-hungry law enforcement agency has used a private citizen, in this case Miss America, to conduct police operations. Who will be the next celebrity cybervigilante, Michael Jackson perhaps?

For more information about the use of private citizens for undercover law enforcement work see: http://www.kardasz.org/Cybervigilantes.html

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

Miss America Helps Cops in Sex Sting 

AP OnlineWednesday, April 25, 2007  3:34:00 AM, By Sean Murphy, Associated Press Writer

"I got to chat online with the predators and made phone calls, too," Nelson said by phone from Atlantic City, N.J. "The Suffolk County Police Department was there the whole time."

At least four men were arrested and face charges, said Avery Mann, a spokesman for the show. Another six men agreed to meet Nelson, of Lawton, Okla., he said.

"I would say I'm a 14-year-old female from Long Island. Sometimes they would say, 'You're too young, sorry,' which is exactly what needs to happen, but some would continue chatting.

"The story was that they knew I was 14, and I told them I was cutting school to meet with them," Nelson said. "I stood outside on the porch, and I would say, 'Hi' to them and wave them inside."

"That part was very scary, but the police were all over the place," Nelson said. "I was nervous, of course, but it was a very controlled environment, very safe."

"We came to the agreement that as long as she was safe and wanted to do this, we'd be behind her," McMaster said.

"As many as we caught on that day, there are a lot more out there," she said. "It's nice to know that they were chatting with police officers and me rather than a 14- or 15-year-old girl."


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April 23, 2007

Gettysburg, Pennsylvania - Ex-police chief and son allegedly tipped dealers

April 23, 2007.  From The Record Herald

(AP) - A former Gettysburg police chief and his teenage son were charged Thursday with tipping off alleged drug dealers to a raid that occurred last year.

A state grand jury concluded that then-Chief Rolf Garcia called his son to alert him to the planned raid on Feb. 3, 2006. A state trooper had made an earlier courtesy call to Garcia to let him know authorities planned to execute a search warrant at a Gettysburg residence, state Attorney General Tom Corbett said.

Garcia's 17-year-old son then called four other people to tell them about the raid, according to the grand jury presentment. As officers approached the residence, two men fled. The officers unsuccessfully chased them and were unable to identify them, the grand jury found.

Garcia, 47, of Orrtanna and his son are charged with hindering apprehension or prosecution. Garcia is also charged with obstructing administration of law or other governmental function.

Authorities are not releasing the son's name because he is being charged as a juvenile, a spokeswoman for Corbett said.

Their testimony
Garcia said he was unaware of the charges but denied the allegations. ‘‘I didn't do anything wrong,'' he said Thursday. ‘‘I've been in law enforcement for 30 years, and I've never done anything to compromise my integrity.'' He served as Gettysburg's police chief from March 2003 until he resigned in August.

In his grand jury testimony, Garcia said he would never have told his son the exact location of a search warrant, but acknowledged that he might have told him to stay away from a certain location.

His son told the grand jury that he had provided false information about drug busts to others in the past in exchange for marijuana. But the son also said he did not receive any information from his father on the night of the raid, and did not share information with anyone else. A preliminary hearing is scheduled for May 24.

Retrieved April 23, 2007 from http://therecordherald.com/articles/2007/04/21/local_news/news06.prt


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April 11, 2007

San Bernardino police lieutenant says officers violated trust

04/09/07, By Chris Richard, The Press-Enterprise

Senior San Bernardino police executives demanded that a restaurant cut its bill for a banquet by 13 percent, frightening the restaurant staff and so embarrassing other officials that they offered to pay the difference themselves, a city memo claims. Eventually, the Police Department paid the full $9,154 bill. But in a memo to Police Chief Mike Billdt, the lieutenant who organized the event says the attempt to force a discount of almost $1,200 violates a basic trust.

"What occurred here is no different, at least in my opinion, than a patrol officer soliciting a gratuity," police Lt. Don Soderbloom wrote in the memo. "We asked for and expected a quality product, and after we received it weren't willing to pay for it. To say that I am troubled by what transpired would be an understatement." In a brief interview, Soderbloom confirmed that he wrote the memo. He declined further comment.

Assistant police Chief Frank Mankin said he challenged the bill because it included a charge for wine, an expenditure prohibited by city policy. What the dispute shows, Mankin said, is that "we are good stewards with the public's money."

Soderbloom's three-page memo, detailing last-minute attempts by Mankin and police Capt. Theodis Henson to reduce the charge for the Feb. 9 banquet at the Castaway Restaurant, draws less-favorable conclusions.

City officials have hosted the annual dinner to honor San Bernardino's reserve officers for the last decade. In the memo, Soderbloom points out that the reserves deserve the gesture. This fiscal year, the volunteer officers will bring in a quarter-million dollars in revenue and save the Police Department almost half a million in salaries.

Originally, the restaurant agreed to serve up to 150 people for $8,500, with the stipulation that it could not allow any additions to the guest list after Jan. 29. But by Jan 31 an additional 27 people, including police administrators, Mayor Pat Morris and his staff and City Council members, said they also wanted to attend. Restaurant General Manager Luis Luna agreed to waive the deadline, but said he would need to raise his fee to accommodate the extra guests, the memo states.

Then on Feb. 8, the day before the banquet, officials started questioning the bill, Soderbloom wrote. He said restaurant staff were visibly upset, but said they would lower the charge. "I was not, however, willing to compromise my integrity, nor my standing in the business community by failing to honor a commitment," Soderbloom wrote. "I thought it unconscionable to so much as entertain asking a businessman ... to accept less than that which was agreed upon, particularly when he was upholding his end of the agreement."

Both Soderbloom and City Councilwoman Wendy McCammack offered to make up the difference. "I felt it would be a black eye to the city in the business community, if that was the reputation we were going to have, by not completing the transaction per the original agreement," McCammack said. She said demanding a lower price was "comparable to soliciting a bribe." Mankin said neither he nor anyone else who sought to reduce the charge did anything wrong. "I think it's egregious for people to make comment without having all the facts at their disposal," he said.

On Friday, Luna said the bill dispute has continued to trouble him. He said he strove to provide high quality food and elegant service, with meals prepared to order at individual chef's stations. For other clients, he's provided similar meals at double the price, and never had his bills questioned. Luna said he had meant the reserve banquet as a thank-you gift."This wasn't just about making money," he said. "It was a way of giving back." Luna said his restaurant has served the banquet for the last four years, and until this year, city officials never questioned wine being included with the overall cost of the meal, Luna said.

Mankin said that could be true. This is his first year as assistant chief. "Neither Chief Billdt nor I were the chief administrators of this organization in years past, and we were not intimately involved in monitoring these funds," he said. "It's important to us that people know we are going to be monitoring these expenditures to insure that city money is not used for alcoholic beverages or anything that would be inappropriate."

In the Feb. 8 discussion, Luna said, Mankin claimed the department could only afford $7,960 for the banquet, and the appropriateness of the wine was not discussed. "It was always about the money," Luna said.

Later, during the banquet, Luna said, Henson counted guests, then told him the department should be billed for only 139 meals. That would have meant that an additional discount on top of the cut Mankin had demanded Mankin confirmed the tally."There had been some additional numbers added late in the equation, and we wanted to be good stewards of the people's money," he said. "That conversation notwithstanding, the man presented us with a bill, and at that point, we thought it was appropriate to meet the obligation. And we have."

Luna said his primary concern now is to make sure no one in law enforcement thinks it was he who made the dispute public."I was pretty angry myself, but being the type of person I am, I was going to let this go," he said. "I didn't want this to reflect on the restaurant or harm my relationship with the Police Department."

Reach Chris Richard at 909-806-3076 or crichard@PE.com

Retrieved Ap;ril 10, 2007 from http://www.pe.com/localnews/sanbernardino/stories/PE_News_Local_D_bmeal10.3c5009a.html#


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April 05, 2007

Moulton, Alabama - Accused Moulton police officer honored in 2006

04/05/07, The Decatur Daily and the Associated Press

A Moulton police officer accused of buying illegal prescription drugs from an undercover narcotics agent made 18 drug-related arrests in 2006 and was named the Dayshift Officer of the Year. The state attorney general's office charged Octavius Hamilton, 43, with possession of a controlled substance for allegedly buying 30 2-milligram tablets of Xanax in the Midway Piggly Wiggly parking lot about 8 p.m. Friday. Investigators said the transaction was videotaped.

Hamilton was released from the Lawrence County Jail on $7,000 bond and suspended without pay pending the results of an ongoing investigation.Moulton Police Chief Lyndon McWhorter said he heard rumors of Hamilton's alleged drug activity but that he was always a highly productive officer.

"I've had people make allegations in the past, but there was never anything substantial," McWhorter told The Decatur Daily in a story Tuesday. He said Hamilton made 150 arrests, issued 388 tickets and answered 932 calls in 2006, making him a qualified candidate for the department's Dayshift Officer of the Year award.

An investigation began about two weeks ago after authorities received credible information that Hamilton was in the market to buy drugs. Lawrence County Sheriff Gene Mitchell said the investigation "will continue for several days until we've gotten all the information processed to see what leads where."

Retrieved April 5, 2007 from The Decatur Daily, http://www.decaturdaily.com/decaturdaily/index.shtml


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LeRoy, Illinois - Officer honored for lifesaving

04/04/07, By Steve Hoffman, fcjournal@mchsi.net

LeRoy police officer Michael Bennett was honored with a medal and certificate of commendation for his efforts in saving a life.

Bennett performed CPR on Howard Hauboldt of Wisconsin, a long-haul truck driver staying at LeRoy’s Super 8 Motel, after Hauboldt went into cardiac arrest. Bennett started CPR and directed Hauboldt’s driving partner to assist. Hauboldt was hospitalized in Bloomington and released a week later.
“Officer Bennett responded and applied his training in the highest tradition of the law enforcement profession to save a life. For his efforts, we commend him for being instrumental in saving the life of Howard Hauboldt,” Mayor Dave McClelland.

Retrieved April 5, 2007 from http://www.pantagraph.com/articles/2007/04/03/news/doc46129c4119a92772017571.txt


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Evansville, Indiana - Officer faces theft charge; allegedly steals $1,000 during arrest

04/04/07, By Jimmy Nesbitt, Courier & Press staff writer

An Evansville police officer honored in 2003 as the department's top employee was arrested Tuesday after he allegedly stole $1,000 from a man wanted on drug charges, Chief Brad Hill said.

Jerry Rainey Jr., 33, was charged with one count of class D felony theft. He posted $1,000 bond and was released from the Vanderburgh County Jail. He posted $1,000 bond, was released from the Vanderburgh County Jail and has been placed on administrative leave. If convicted of a felony, he will be fired, Hill said.

"This is something you hate to see because it places a taint on the Police Department as a whole," Hill said. Investigators believe Rainey stole the money Thursday morning from a man he arrested on a warrant for dealing cocaine.

Around 8 a.m., Rainey and officer Sara Hilsmeyer went to the 1400 block of Jackson Avenue to investigate a report of domestic violence. Rainey found the suspect, 34-year-old Monterreal Fields, walking near U.S. 41 and Washington Avenue wearing a backpack.

Hilsmeyer searched the backpack and found a plastic bag packed with bundles of cash, according to a police report. The total amount was $19,500. Hilsmeyer took pictures of the money and gave the backpack to Rainey, who drove to the Police Department with Fields in custody.

"She subsequently became aware of a dispute between Fields and officer Rainey in which Fields believed that $1,000 of the described money was taken by Rainey," the report said.

Fields said he was sure $1,000 was missing because he counted the money that morning. Rainey took Fields and the backpack into an office at the Police Department and dumped the money on a table, police reported.

Officer Billy Bolin entered the room and asked Rainey what he was doing. Rainey pulled Bolin into the hallway and said, "he just wanted Bolin there so that there would be no questions about the money," according to the police report.

Fields continued to argue about the money, and Bolin "found Rainey's behavior to be suspicious, and eventually Rainey became impatient and began to insist that he needed to take the suspect's backpack ... to his car," the report said. With the cash still on the table, Rainey walked to his police cruiser and placed the backpack inside.

"Rainey appeared to be doing something in the front seat of his vehicle for some period of time," Bolin told investigators. Bolin was unable to see precisely what Rainey was doing, the report said.

A supervisor was told of Fields' allegation and Rainey's behavior. Rainey, Hilsmeyer and Bolin were searched. When nothing was found, officer Nathan Schroer searched Rainey's car. Inside the backpack, Schroer found a bundle of cash totaling $1,000, according to police. A warrant was issued Tuesday morning for Rainey, and he turned himself in at the jail. He could not be reached for comment.

Rainey has spoken to investigators but did not admit to the theft, Hill said.

"This is something that we hope we never have to be in a position to do. I can tell you that we feel like if we're going to police the streets, we certainly have to be able to police our own."

Rainey has been disciplined twice for minor violations in his nine years at the Police Department, but his career is marked mostly by accolades and awards for his performance. In 2003, he was named officer of the year for resuscitating a 2-year-old child who was choking. He has received three bronze merit awards, and - along with Bolin, his former partner - serves as a crime prevention officer for the south sector.

Police spokesman Brian Talsma said his peers at the department were shocked by the allegations against Rainey, whom he called "a very highly regarded officer."

"We take these kind of things very seriously," Hill said. "(If) we have allegations, we investigate them. We've got officers who would rather be investigating anything else other than another police officer, but they do a thorough job."

Jimmy Nesbitt, Courier & Press staff writer 464-7501 or nesbittj@courierpress.com
Retrieved April 5, 2007 from http://www.courierpress.com/news/2007/apr/04/officer-faces-theft-charge/


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Cleveland, Ohio - Officer with 2nd job charged in double-dipping

04/04/07, by James F. McCarty, Plain Dealer Reporter

A Cuyahoga County grand jury Tuesday indicted a Cleveland police officer on a charge of theft in office, accusing him of collecting on-duty pay while working off-duty as a security guard. Sgt. Brian Lloyd, 37, was one of 14 city police officers found to be double-dipping -- working part time for a private security firm at $26.25 an hour at the same time they were being paid by the Police Department.

The officers moonlighted in 2004 and 2005 for Comprehensive Security Solutions, a company that provided security at the city-owned Gateway parking garages near Jacobs Field and The Q. Lloyd, a 13-year veteran, was among the leaders in overlapping hours, according to a city audit of Gateway garage and police time sheets. At the time, he worked for the department's Office of Professional Standards investigating complaints of officer misconduct. Lloyd was reassigned to the City Jail several months ago, police spokesman Lt. Thomas Stacho said.

City auditors found 71 hours where Lloyd overlapped his police shift with his side job as a security guard. He earned $54,000 from the city in 2005. Police Chief Michael McGrath said Lloyd will be suspended without pay. Lloyd is suspected of stealing $6,325 worth of city time over a 30-month period, according to an investigation by the Police Department's Integrity Control Section.

Assistant County Prosecutor Paul Soucie said the case against Lloyd is more serious than simple double-dipping. Police security cameras caught the sergeant coming and going from his job at times that conflicted with his duty log sheets.

"So he may have signed in for an eight-hour tour of duty, but only worked for an hour and a half," said Soucie, who heads the economic crimes unit.  "All of the security video is time- and date-stamped. When you're walking out with your coat and hat on, it makes for some pretty compelling pictures," Soucie said.

Lloyd was one of 24 officers investigated by the Internal Affairs and Overtime Review units, McGrath said. Of those officers, 19 faced administrative charges, including oral warnings and letters of reinstruction. Most of the cases involved simultaneous start-finish times in which officers signed off of one job and signed onto the other at the same time, Stacho said.

Two cases were turned over to prosecutors. One officer remains under investigation, and the case against another officer was determined to be unfounded.  There was no indication that the grand jury heard evidence against 6th District Detective Michael Meyer, the officer with the highest double-dipping totals, according to the audit.

Time sheets showed Meyer collected $7,200 for 275 hours of work at Gateway while he was supposed to be on police duty in 2004 and 2005. He earned $64,800 in police salary in 2005. Lloyd is scheduled to appear in Common Pleas Court on April 17 to answer to the charge, a third-degree felony.

To reach this Plain Dealer reporter:jmccarty@plaind.com, 216-999-4153

Retrieved April 4, 2007 from http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1175676105302590.xml&coll=2&thispage=1


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Macon, Georgia - Police Officer Arrested

From www.fox24.com, 4/4/2007

A Macon police officer is behind bars charged with burglary. Officer Jackie Johnson, a 19 year veteran with the Macon Police Department was arrested Tuesday afternoon for stealing a washer and dryer from a vacant apartment in Wood Creek Apartments.

Macon Police Chief Mike Burns says this type of behavior is not acceptable. “Me and my command staff we're gonna have the utmost integrity in this department and an officer is normally held to a higher standard anyway and we're not gonna tolerate these type actions.”

Officer Johnson has been put on five days administrative leave pending termination. His brother…Elliot Johnson...was also arrested and charged in connection with the burglary.

Retrieved April 4, 2007 from http://www.fox24.com/article.asp?pkid=8251


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St. Louis, Missouri - Man sentenced for videotaping himself raping a 16 year old girl and selling the photos

04/02/07 - U.S. Attorney's Office - Eastern District of Missouri

Joseph Trahan was sentenced to 22 ½ years in federal prison for production of child pornography, United States Attorney Catherine L. Hanaway announced today.

“The tremendous work of the Highway Patrol and the Postal Inspection Service took a dangerous predator off the streets," said Hanaway.  “This man will be in prison until he is well into his sixties,  followed by supervised release for the rest of his life.”

Between November 15, 2005 and January 24, 2006, Trahan videotaped himself engaged in sexual activity with a sixteen-year old girl and distributed them through the mail in exchange for money.  In January 2006, Trahan was in possession of numerous image files on his computer depicting minors engaged in sexually explicit conduct.

Trahan was stopped by the Highway Patrol in Callaway County for a routine traffic violation when an alert Highway Patrolman followed up on his suspicions concerning the relationship between Trahan and the juvenile, who was in the car when he was stopped.  A subsequent search of the car and a later search warrant at Trahan’s St. Charles County residence found child pornography involving the juvenile. Trahan is from Phoenix, but maintained a residence in St. Charles County.

Trahan, 43,  of Phoenix, Arizona pled guilty last December to two felony counts of production of child pornography.

This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

Hanaway commended the work on the case by the Postal Inspection Service and  the Missouri State Highway Patrol, and Assistant United States Attorney Carrie Costantin, who handled the case for the U.S. Attorney’s Office.
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April 02, 2007

Maywood, California - Police department hires officers with past troubles

By Matt Lait and Scott Glover, Times Staff Writers, 4/01/07

The Maywood Police Department — a 37-man force that patrols a gritty square-mile city south of downtown Los Angeles — has become a haven for misfit cops who have been pushed out of other law enforcement agencies for crimes or serious misconduct.

Among those on the job: A former Los Angeles County sheriff's deputy terminated for abusing jail inmates; a onetime Los Angeles Police Department officer fired for intimidating a witness; and an ex-Huntington Park officer charged with negligently shooting a handgun and driving drunk.

Other officers were hired by Maywood after flunking out of training programs elsewhere, a Times investigation has found.

In all, at least a third of the officers on the force have either left other police jobs under a cloud or have had brushes with the law while working for Maywood. Several officers in recent years have left Maywood after being convicted of crimes.

Even the newly appointed police chief has a checkered past: He was convicted of beating his girlfriend and resigned from the El Monte Police Department before he could be fired. His conviction was later overturned on appeal because the defense was not allowed to exclude a juror who had previously worked with domestic violence victims. He was ultimately convicted of a lesser charge of making a verbal threat.

Known among law enforcement circles as a department of "second chances," Maywood's police department is one of nearly 50 independent police agencies in Los Angeles County. The department, whose officers are mainly white and Latino, serves a densely populated city of roughly 30,000 that is 96% Latino. There are no women or African Americans on the force, which also patrols the nearby town of Cudahy.

"Are there things that are bad in our department? I would venture to say that there are," said Maywood City Councilman Samuel Peña. "But I think you would find bad things in other departments if you looked closely at them…. There are bad apples in every department."

Although Maywood's police department has rarely been in the news, in part because it is dwarfed by the nearby LAPD and county sheriff's department, allegations of corruption and brutality have thrust it and city officials into the spotlight in recent months.

The brewing scandal has included accusations that police and city leaders were on the take from the owner of a local tow company; that a longtime officer was extorting sex from relatives of a criminal fugitive; that a police officer tried to run over the president of the Maywood Police Commission in the parking lot of City Hall; that an officer impregnated a teenage police explorer; and that officers had covered up the truth surrounding a fatal police shooting that resulted in a $2.3-million legal settlement.

The Los Angeles County district attorney, the California attorney general and the Federal Bureau of Investigation have active probes into the Maywood department.

Amid the chaos, Bruce Leflar, still listed on the department's website as chief, abruptly stopped showing up for work last fall.

And the officer whom he'd appointed to clean up the department, Al Hutchings, agreed to resign his post after being told a videotape had been made of him allegedly having an on-duty liaison with the female owner of a local doughnut store.

Hutchings, who has been a vocal critic of the Maywood police and casts himself as a whistle blower, said the allegation that he was involved in an improper relationship was fabricated "to blackmail me into stopping the work that I was doing."

As is the case with many of his fellow officers, it was not the first time Hutchings had been accused of misconduct. As an LAPD officer he was convicted of bilking the department for bogus overtime pay.

In an interview, Hutchings said he disclosed the conviction on his application to the Maywood department. Though he contends that a supervisor had approved all of the overtime he worked, he said he entered the plea so as to quickly dispose of the case, which he alleges was filed in retaliation for his having reported misconduct by a high-ranking LAPD official.

In addition to hiring officers shunned by other agencies, Maywood has been slow to adopt policing practices in place at bigger departments, which are aimed at ensuring professional conduct and increasing public trust. For example, Maywood officers accept free meals from local restaurants, a perk that even the past chief acknowledged partaking in.

And supervisors at the department don't always see the need for documenting citizens' complaints, a practice mandated at other agencies. In a recent deposition, the lieutenant in charge of internal affairs said complaints were often "resolved casually" in the lobby of the police station.

Officers are also permitted to carry a leather-encased, lead-filled hand weapon, known as a sap, which many agencies have outlawed because of the brutal injuries they can inflict.

"Everything that could go wrong seems to have gone wrong at Maywood," said lawyer Merrick Bobb, a law enforcement expert who has consulted with the U.S. Department of Justice on policing practices. "This department needs to be put into receivership."

Bobb, who also is special counsel to the Board of Supervisors on matters about the Los Angeles County Sheriff's Department, said he was particularly concerned that officers expelled from other agencies could find employment at Maywood without any public accountability.

"The phenomenon of misfit cops going from agency to agency is a terribly serious one," Bobb said. "It makes for one of the strongest arguments for public access to discipline records of police misconduct."

A state Supreme Court ruling last summer has had the effect of greatly restricting public access to police discipline records. The state's Commission on Peace Officer Standards and Training compiles information about terminated officers from departments throughout California but refuses to publicly disclose the data.

But a Times review of court and police records suggests that, compared with other agencies, Maywood officials are far less discriminating in whom they employ.

Maywood Officer Brent Talmo was hired in 1998 after being terminated from the county sheriff's department in 1986 for displaying a pattern of "bizarre behavior and unprofessional conduct," records show:

Talmo poured dirt into the gas tank of a county vehicle; placed a dead gopher in a prisoner's pocket as an apparent prank, then lied about it and tried to get another deputy to lie on his behalf; tipped over the bed of a sleeping prisoner, causing him to fall face first onto the floor and bloodying his nose; and telephoned a fellow jail guard and referred to him as a snitch and used a racial slur.

When Talmo was fired, then-Sheriff Sherman Block publicly singled him out as "the primary culprit" in a campaign of harassment aimed at prisoners.

Talmo, still an officer on the Maywood force, did not respond to requests for comment.

Frank Garcia is another officer given a second chance by Maywood police.

In March of 2003, Garcia was charged with drunk driving and the felony offense of discharging a firearm in a grossly negligent manner. As a result, he was required to resign from his job as an officer with the police department in nearby Huntington Park.

He later entered into a plea bargain in which he agreed to plead guilty to a misdemeanor charge of firing a gun from a public roadway. He was sentenced to 90 days in jail and three years' probation.

According to court papers, disclosing the conviction on job applications made it difficult for Garcia to find work — until he applied with Maywood. He was hired there just one year after committing the offense.

Garcia's lawyer called the crime a "boneheaded mistake" that his client deeply regrets.

Other recent Maywood hires include: an officer who was rejected by 25 other police departments because he admitted on his applications that he pilfered money from a previous employer; an ex-LAPD officer who was hired even though he was under criminal investigation for — and later convicted of — beating a gang member as part of the notorious corruption scandal centered in the Rampart Division; and an officer who has a juvenile record for malicious mischief, vehicle tampering and carrying a concealed weapon.

Richard Lyons, the acting police chief with his own criminal past, said there is nothing wrong with giving somebody a fresh start.

"It's OK to give a person a second chance if you learn from your mistake," said Lyons, who recently was catapulted from the rank of officer to chief.

Nonetheless, Lyons said he was not pleased with the background checks that were done on some of the current officers on the force. As a result, he said, he wants to bring in outside consultants to help vet future candidates.

"A couple of people have slipped through the cracks that shouldn't have slipped through the cracks," he said.

Maywood's starting pay of $52,600 is among the lowest for police officers in Southern California, city officials said. That might explain why better qualified candidates apply elsewhere. It also might be the reason the turnover rate is extremely high. Most of the officers there have been hired since 2000, records show. Although many officers have left for other agencies, some have been forced to leave after breaking the law.

Officer Sergio Fernandez, for example, resigned after a federal grand jury indicted him for participating in a sophisticated real estate scheme that bilked $3.5 million from a federal home loan program.

He pleaded guilty and was sentenced to serve a year in federal prison and pay about $250,000 in restitution.

Two months ago, Officer Timothy O'Keefe was forced to leave the department after an off-duty shooting at an Orange County bar. He was convicted of negligently discharging his weapon.

Maywood City Atty. Francisco Leal said the department needs to reorganize and embrace reforms to bring the agency in line with modern policing practices.

"There's definitely a problem with the police department," he said. "There's no getting away from that."

matt.lait@latimes.com, scott.glover@latimes.com

Times staff writer Hector Becerra contributed to this report.


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Taylor, Michigan – Mom caught in sex sting

Associated Press, 04/02/07

A woman's five children were in protective custody after she was charged with offering to let an undercover investigator have sex with her 7-year-old daughter.

The 33-year-old woman, from the Detroit suburb of Taylor, was arrested Friday night after bringing the girl to a hotel in Romulus, near Detroit Metropolitan Airport, where she had agreed to meet the investigator, the Wayne County Sheriff's Department said.

The woman was prepared to offer her daughter "for pornographic photos and anything else that was available if the price was right," Sheriff Warren Evans said. "She had indicated very clearly that that child would do whatever it was that the person who was going to meet the child wanted to do, and that she would see that the child complied.

"It's a very, very disgusting case." The woman's name was not released so the child would not be identified.

She was arraigned Sunday on five charges, including child sexually abusive behavior, illegal use of the Internet for child sexually abusive actions or materials and distribution of child sexually abusive material, sheriff's spokesman John Roach said.

She was also charged with prostitution. The department said the woman propositioned the investigator herself and advertised online as a prostitute. A not guilty plea was entered on behalf of the woman, who wasn't represented by a lawyer at the arraignment, Roach said. A preliminary examination was scheduled for April 12.

The woman was being held on a $1 million bond. If convicted, she could get up 20 years in prison. Authorities said the investigator was posing as a photographer when he and the woman met online.

The woman arrived at the hotel with her daughter, along with adult sex toys in a duffel bag and different dresses for the girl to wear, the department said. At the time of the online chats, the department said it was investigating the woman on suspicion of distributing child pornography.

Evans said investigators were trying to determine if the woman's other children - ages 12, 11, 9 and 6 - were victims of illegal sexual activity.

2007 The Associated Press.
Retrieved April 2, 2007 from http://hosted.ap.org/dynamic/stories/S/SEX_STING_DAUGHTER?SITE=FLTAM&SECTION=US


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Seattle, Washington - Area Pedophile Has 'How-to' Web Site for Men Seeking Little Girl Activities

Dr. Kardasz:

The right to free speech protects many unusual things. I wonder whether or not the authors of the Constitution could have imagined some of the twisted anarachy of thought that can be faciliated via the Internet.

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Seattle, Washington - Area Pedophile Has 'How-to' Web Site for Men Seeking Little Girl Activities

By Robert Shaffer and Dan Springer, 03/30/07, Fox News

A Web site created by a pedophile is a virtual "how-to" manual, complete with the best places in western Washington state to see little girls, and tips on how to avoid getting caught by the police.

The site, (name deleted)," has been around for a few years. The police know all about it, yet they say they can't shut it down because the site is legal.

"As disturbing and offensive as we find this, there's no evidence of a crime, or even suspicion of illegal activity," said Rebecca Hover of the Snohomish County Sheriff's Department.

The man who runs it, 45-year-old Jack McClellan, has never been convicted of a sex crime, which means he can attend any family-friendly events where children are present, and take all the pictures he wants for his Web site. He also lives close to a school bus stop. McClellan says his purpose is to promote association, friendship and legal, consensual hugging and cuddling between men and pre-pubescent girls. He admitted to FOX News that his "age of attraction" is between 3 and 11 years old. "I guess the main thing is I just think they're cute, a lot cuter than women. I admit there is kind of an erotic arousal there," McClellan said. "It makes me happy simply. Like I said, I think girls are cute, beautiful, just children in general make me happy ... being around lots of them. ... I'm doing what anyone else would do with a hobby. If someone's into birds they're taking pictures of birds. I'm convinced that none of these images are illegal." McClellan wants to bring pedophiles out of the closet and give them a way to get some relief, by going out and being around little girls. He suggests a number of places, such as plays at elementary schools, parks, swimming pools and libraries. "I really think a lot of this pedophilia hysteria is overblown. I think there are a lot of people like me. They have the attraction but they're not going to do anything physical because of the laws. It just makes me happy to attend these events."

McClellan said that for pedophiles, just being around children is almost like a "legal high" that makes them happy. But "I can understand the fear," he added. "I hope that what I'm doing is setting myself up as an example that it is possible to have these attractions and not be out of control." But he said while it's OK to look, it's not OK to touch, given the many state laws in place to protect children against that. "I know it sounds kind of crazy, but there's kind of a code of ethics that these pedophiles have developed and what it is ... the contact has to be completely consensual, no coercion, if you're going to do it," McClellan said.

Parents are understandably outraged. FOX News spoke to the mother of an 8-year-old girl whose picture appeared on the Web site. The picture was taken at a dance recital.
"I needed to get those pictures off of there. I didn't want the pedophile community having any visibility to my daughter or her friends or any of the children that were on that site," said parent Ann Cialoa. "Whether it's a physical threat, a perceived threat, whatever threat it is. It's our jobs as parents to protect our kids from threats, and he is a threat, and people like him are a threat."

Some legal experts have said the best course of action for parents who see their kids' pictures on sites like these, is to get a temporary restraining order against McClellan and demand that his Web site be taken down.

"You have one in your face and you can't do anything about it because there's not a law to protect them from that," Cialoa said. "It's scary, and the fact that we're going to wait around for him to violate before we do something."

Neighbors of McClellan's say there's a man who rides his bike around town at night and peeps into others' windows. They believe that may be McClellan. "You'll notice that every single person in this neighborhood has very large attack dogs," said neighbor Melissa Henry.

The Web site was taken down by the Internet service provider after FOX News called the company about it this week. The company is investigating whether any material on the site is illegal.

At least one area school has sent McClellan a letter saying if he comes onto school property or attends their functions, they will consider it trespassing and will have him arrested.

Police and prosecutors are watching him closely to see if he crosses the line. A handful of state legislators are looking at drafting a new law to deal with such Web sites. But until they do, McClellan is free to continue pushing pedophilia.

FOX News' Robert Shaffer and Dan Springer contributed to this report.

Retrieved April 2, 2007 from http://www.foxnews.com/printer_friendly_story/0,3566,262700,00.html


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Orlando, Florida - 28 Arrested in Online Sex Sting

Associated Press, 04/02/07

Three Walt Disney Co. employees were among 28 men charged with soliciting sex from a minor amid a weeklong sting operation in the Orlando area, authorities said.

The men, ranging in age from college students to their 40s and 50s, had chatted online with people they believed to be boys and girls, Polk County Sheriff's spokeswoman Donna Wood. She said several agencies worked together to set up the sting at a Polk County home, where the suspects were arrested through Sunday.

Three of the men worked for Walt Disney Co., one as a 21-year-old intern, another as a 55-year-old part-time instructor at Disney's Animal Kingdom, and the third as a 44-year-old electronics technician, according to the sheriff's office.

The other men included laborers, food service workers and salesmen. One man said he was an IBM consultant; another a vice president for a South Florida real estate company, authorities said.

"We take matters like this very seriously," Disney said in a statement released Monday. "The cast members have been placed on unpaid leave." Disney would not comment further on whether the employees had routine contact with children. The company said all cast members must pass background checks when they are hired.

2007 The Associated Press
Retrieved April 2, 2007 from http://hosted.ap.org/dynamic/stories/O/ONLINE_SEX_STING?SITE=FLTAM&SECTI


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Los Angeles, California - LAPD tobacco fund appeal draws fire

Dr. Kardasz:

The following story by Patrick McGreevy of the Los Angeles Times discusses an interesting ethical dilemma. Should the police solicit funds for special law enforcement activities? What about when the enforcement activities are in the interest of company that is in the business of selling the harmful, albeit lawful product - cigarettes?

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

Los Angeles, California - LAPD tobacco fund appeal draws fire

By Patrick McGreevy, Los Angeles Times, 04/02/07

Amid budget shortfalls, the Los Angeles Police Department has sparked controversy by asking Philip Morris USA to donate $50,000 to help pay for an investigation into counterfeiting of its cigarettes.

In a letter to the company, Police Chief William J. Bratton said the department was requesting the funds to help defray the costs of an ongoing investigation into the ''illicit manufacture, transport, distribution or sale of Philip Morris USA products.'' The LAPD would be in control of the probe. ''The Los Angeles Police Department acknowledges that Philip Morris USA, in providing these funds, is not attempting to influence in any way the outcome of any investigation,'' Bratton wrote to the company.

Some ethics watchdogs criticized the request, saying it raises fairness concerns about whether wealthy crime victims should be allowed to pay for police protection that poor victims would not be able to afford.

''Presumably this investigation would help Philip Morris because it would take cheaper knockoff cigarettes off the market,'' said Tracy Westen, chief executive of the Los Angeles-based Center for Governmental Studies. ''It raises the unfortunate possibility that police are asking citizens and businesses to pay extra for protection, which raises concerns about whether better services go to those who can afford to pay.''

Jamie Court, president of the Foundation for Taxpayer and Consumer Rights, also questioned the police solicitation of funding.

The cigarette maker has written a check for the probe, and City Council members are scheduled to decide today whether it should be accepted.

The Police Commission has already endorsed the donation.

Commission President John Mack said he sees no problem with the donation, noting the investigation would have been conducted with or without it and was underway before money was requested. ''I feel comfortable that the department can handle that in an ethical way, and can conduct the investigation in an objective and fair manner,'' Mack said. ''I don't think the department is catering to a major corporation.''

A representative of Philip Morris did not return a call for comment, but the director of its Brand Integrity Department said in a letter to Bratton that he approved the funding ''to support an ongoing criminal investigation into the illicit sale of stolen and/or counterfeit Philip Morris USA cigarettes.''

LAPD Assistant Chief Jim McDonnell also saw nothing wrong with the request from a corporate crime victim to help pay for the investigation. He said there is no quid pro quo involved that would guarantee an outcome of the investigation in exchange for the money. The probe will not just benefit Philip Morris, he said.

''The people doing that counterfeiting are doing other kinds of counterfeiting and crime,'' McDonnell said.

Supporters say the money is not benefiting anyone in the LAPD financially, but is paying to make the city safer.

2007 Monterey County Herald and wire service sources
Retrieved April 2, 2007 from http://www.montereyherald.com


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April 01, 2007

Guilderland, New York - Police Chief Suspended, Could Lose Job

From World Now and News 10, 03/12/07

Guilderland Police Chief James Murley is under the microscope and off the job for now - and officials say they want him out permanently. Murley has been off the job since last month, when he was put on paid administrative leave. But now, he is on un-paid suspension, and the town is taking steps to terminate him.

The whole thing started with allegations of sexual harassment. But that investigation has also turned up several other alleged problems, including violations of the town's ethics rules, and problems with the chief's attendance.

NEWS10's John McLoughlin explains how those in charge hope it all adds up to one thing: firing the chief. Jim Murley is the only police chief that most Guilderland residents have ever known. But now, sources tell NEWS10 that the town is charging, among other things, that Murley was at the Turning Stone Casino when he should have been on the job.

"The Town Board has changed the status of Police Chief James Murley from paid administrative leave to un-paid suspension," says Town Supervisor Kenneth Runion. Supervisor Runion would say very little about three very cryptic charges against Murley, a 34-year veteran of the department. Sources tell NEWS10 that Murley engaged in misconduct with a vendor - those sources telling us Murley tried to get a locksmith to forgive a bill for a young woman.

Sources also tell NEWS10 that Murley:
- Violated ethics rules with his police underlings
- Borrowed money from at least one subordinate
- Had inaccurate attendance records - a references to claims that he was at Turning Stone on company time

But Supervisor Runion refused to confirm the true details of the charges. "When, if ever, will the taxpayers of Guilderland find out the details of the charges you have brought against Mr. Murley," McLoughlin asked Runion. "When the final determination has been made after a hearing," Runion said. When asked how long that would be, Runion said, "within the next 30-days."

Chief Murley did not return our phone calls, and his attorney, William Cade, declined comment.

Runion said he was fearful of revealing any details last month, when NEWS10 broke the story, fearful for a very unusual reason. The Supervisor says he knew that the chief had very close relationships with some news reporters and that could kill the probe.

Retrieved March 31, 2007 from http://www.wten.com/Global/story.asp?S=6205589
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Eugene, Oregon - Review lays blame for sex-scandal on ex-officers

By Rebecca Nolan, The Register-Guard, 03/22/07

An outside review of the Eugene Police Department's investigation of two former officers responsible for a sex scandal that tainted the agency's reputation has found that the officers are solely to blame for their crimes and that no other officers or supervisors were involved in the misconduct.

The review, which will be released to the public today, also found that officer Roger Eugene Magaña's racial background led to his hiring despite his failure to meet basic standards, that lax supervision and oversight contributed to his and Juan Francisco Lara's ability to escape detection, and that other officers disregarded complaints from victims whom they felt lacked credibility.

However, former McMinnville Police Chief Rod Brown, who conducted the review for Public Safety Liability Management Inc., said the allegations against Magaña and Lara were so outrageous, so egregious, that the handful of officers who heard them simply did not believe they were true. Magaña, 43, is serving a 94-year prison term following his conviction for the rape, kidnapping and sexual abuse of prostitutes and drug addicts he encountered on the job. Lara, 33, was released last year after serving a reduced sentence for official misconduct, coercion, harassment and public indecency for using his badge to coerce women into sexual acts. He is now a student at the University of Oregon.

The city commissioned the review last summer after it settled lawsuits with 14 of Magaña's and Lara's victims for more than $5 million.

Brown looked at dozens of police officer depositions, court documents and the two officers' background files before delivering his report to the city this week. The Register-Guard reviewed many of the same documents when they were released last summer.

City Manager Dennis Taylor and police Chief Robert Lehner said in separate interviews Wednesday that they wanted someone from outside the city to look specifically at whether anyone else should share the blame for what happened and whether additional investigation is needed before the city can move forward. "It was useful and helpful to get someone else to look at the decisions we made over the last 3 1/2 years, especially in terms of, `What should we have known? What should we have done?' " Taylor said.

Lehner said the city sought someone with a police background who would be better able to appreciate the nuances of law enforcement.

Both Taylor and Lehner were hired after the scandal broke. Since then, the city has created and filled a new police auditor position; begun assembling a citizen police review board; boosted staffing in the police internal affairs office; changed its police recruiting, hiring and promotions processes; begun an exhaustive update of police policies and procedures; and worked to free up police supervisors so they can spend more time on the streets rather than behind a desk.

One question that has dogged the city since the scandal broke is how the two officers got hired in the first place.

Magaña, who worked for the city's public works department for a decade before applying to be a police officer in 1995, was hired through a now-defunct program meant to increase the number of minority officers. Investigators have found that the program had the effect of lowering basic hiring standards. Magaña, who had twice been arrested for burglary (though never convicted), was rumored to have been selling drugs while a public works employee, allegations that investigators never substantiated.

Brown concluded in his review that "Magaña was absolutely elevated to an advantage because he was a minority race - that was the whole purpose of the program that initially brought him into the police department."

Lara was hired in 2001 through the regular recruiting process, despite the fact that he had been caught urinating in public in Tucson, Ariz., in 1994, and lied to a police officer about beer he had in his car. He ultimately pleaded no contest to providing false information to police and paid a fine.

In a background investigation, Lara admitted using cocaine 20 to 25 times, smoking pot five times, using crystal meth at least once, and occasionally selling cocaine to friends at parties. He also admitted to shoplifting as a teen.

In his review, Brown found that the police department's old hiring system was flawed. Although the chief at the time signed off on every hire, he often did not have all the information about each candidate, Brown found. That was the case with both Lara and Magaña. Brown blamed a system that "compartmentalized" information about applicants, preventing anyone from knowing everything about any one candidate. Brown said there was not enough evidence to tell whether people involved in recruiting and hiring had intentionally or inadvertently withheld negative information in order to push minority applicants through.

Under Lehner, the system has been streamlined so that the chief has access to all the facts before a final decision is made. The current chief said there is no way either officer would be hired today.

Another often asked question is whether others in the department knew about the officers' misconduct and, if not, how they were able to go undetected for so long. Brown found that supervisors at the time were overburdened with administrative work that kept them out of the field. They often relied on officers to perform their duties without supervision except in emergencies.

Closer supervision probably would have deterred Magaña and Lara or at least would have detected their illicit activities, Brown said. But he found no evidence of negligence or malfeasance on the part of overworked sergeants and command staff.

He also concluded that the so-called "Blue Curtain" of police silence was not a factor in the Magaña and Lara cases. Although officers in several cases ignored women's complaints about Magaña's abuses, they did so because their jobs made them cynical and skeptical of such allegations, not because they wanted to protect a fellow officer. And Magaña, like many sex predators, was a skilled manipulator who shrugged off the allegations with convincing nonchalance.

The fact that several officers came forward after the scandal, went public and shared what they knew proves their good faith, Brown said. "They were willing to take responsibility for their actions and do the right thing by coming forward," Brown wrote. "Their actions should be given appreciation and not criticism."

Lehner said Wednesday that because such a scandal had never occurred here before, officers were operating under a kind of naivete that caused them to overlook the red flags. That innocence is gone. "We now know that it can happen here," he said.

Though the city and department are still dedicated to recruiting and hiring minorities, they now do so not by lowering standards but by increasing the pool of qualified applicants through outreach and education, he said.

Lehner and Taylor said they hope the new report will close the book on the case and allow the city to move forward with changes designed to help prevent future problems. Lehner said that until now, the public has had to rely on his reassurances that the issues have been addressed.

"This has been scrutinized from every possible angle, and I think that can give the public some confidence in that somebody else looked at this through objective eyes," the chief said.

Retrieved March 31, 2007 from http://www.registerguard.com/news/2007/03/22/printable/a1.maganalara.0322.0a96Xe5l.phtml?section=cityregion
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Hoboken, New Jersey - Police sergeant sues city and wins

Anonymous letters, alleged misconduct, and lawsuits at the Hoboken Police Department

By Michael D. Mullins, 03/28/07, Hoboken Reporter.com
    
Hoboken Police Sergeant James Peck recently won a lawsuit against Hoboken, dismissing disciplinary charges that had been filed against him by the police department for his alleged misconduct in regards to writing a letter in which he accused the chief of coercion to benefit the chief’s son, who is also a sergeant in the department.

Hoboken's Police Sergeant James Peck, who recently gained notoriety for his involvement in the alleged Driving While Intoxicated incident involving Chris Campos earlier this year, is now at the center of another controversy. The controversy involves Peck's lawsuits against the city, anonymous letters to the state, and subsequent disciplinary action filed by the department against him as well as his removal from the Police Union.

The letter and the lawsuit
On Friday Mar. 2, Peck won a lawsuit against the city in State Superior Court that led to the dismissal of charges, which had previously been filed against him by the Hoboken Police Department (HPD). The disciplinary charges were for "conduct unbecoming of a public employee," and were issued in regards to an anonymous letter that was allegedly written by Peck last August to the state's Department of Personnel (DOP).

In the letter, Peck challenged a request made by the police department last July to allow sergeants with less than one year at their current rank to be eligible for the lieutenants' test, which occurs approximately once every four years and is generally reserved for those who have more than 12 months as a sergeant.

The letter further accused Hoboken's Police Chief Dr. Carmen LaBruno of using coercion and threats to influence the sergeants who had originally signed the request form, alleging that the change in policy was done to benefit the chief's son, Sgt. Christopher LaBruno, who was one of the 14 sergeants, which included Peck, who would have been eligible for the test as a result of the decision. Due to the letter, the DOP, which had initially approved the request on Aug. 15, rescinded their decision on Aug. 22, refusing to allow the newly promoted sergeants to take the test.

According to the chief, no coercion ever took place and the sergeants who signed the original request form did so willingly and on their own accord. In an attempt to dispute the allegations made in the letter, the department had the 15 sergeants sign affidavits stating that the alleged coercion did not occur. The DOP, however, refused the city's appeal and prevented the 15 newly promoted sergeants the test.

One of those who signed the affidavit was Peck, who was later brought up on disciplinary action after an investigation found him to allegedly be the author of the anonymous letter. The charges against Peck included his endorsement of an affidavit which he did not support, and if found guilty could have amounted to six days of unpaid suspension.

The charges however, were dismissed by Superior Court Judge Shirley Tolentino earlier this month who, according to Peck's attorney, believed the charges against Peck to be retaliatory in nature on the part of the police chief.

The city is currently planning to appeal the ruling according to Corporation Counsel Joseph Sherman, who refused to comment further on the matter.

Union expulsion
"The charges were nothing more than retaliation against Sgt. Peck and the judge saw it as such and properly dismissed (them)," said Catherine Elston who is representing Peck in the case. "The case is far from over and we are seeking punitive damages against the city of Hoboken," added Elston, referring to what she believed was a violation of the first amendment and whistle blower laws.

Sherman refused to comment as to the city's response to potential further lawsuits involving Peck and the police chief.

In addition, Peck was voted out of the local police union according to sources within the department. The reason for the expulsion could not be confirmed by union officials who refused to comment directly on