Dr. Frank Kardasz (Ed.D)

Dr. Frank Kardasz, January 2, 2009

The link at the end of this page leads to further information about the headlines below describing noteworthy corruption investigations. The headlines include the following stories:

FBI's Top Ten News Stories for the Week Ending December 5, 2008

• Birmingham: Mayor and Others Indicted
  Birmingham Mayor Larry P. Langford; Albert W. LaPierre, lobbyist; and William B. Blount, investment banker, were indicted in connection with a long-running bribery scheme.
• Chicago: Undercover Sting Nabs 15 Law Enforcement Officers
  Fifteen law enforcement officers were among seventeen defendants charged in an undercover FBI operation for allegedly providing armed security for drug deals.
• Buffalo: Police Officer Arrested
  Niagara Falls Police Officer Ryan G. Warme was arrested for sexually attacking two women and cocaine trafficking
• Washington Field Office: CEO Pleads Guilty in Ponzi Scheme
  Preston Pinkett, III, president and CEO of International Fiduciary Corporation  plead guilty to conspiracy charges relating to a $40 million international Ponzi scheme operated through IFC.
• New York: Founding Member of American Stock Exchange Pleads Guilty
  Elliot J. Smith pled guilty to submitting false documents to the Securities and Exchange Commission during his investigation for insider trading.
• Boston: Travel Agent Sentenced
  Frank Serio, owner of Providence-based Travel Concepts, Inc., was sentenced for defrauding airlines and Amtrak in a bogus ticket refund scheme
• San Antonio: Border Patrol Agent Indicted
  Salomon Ruiz was charged with accepting bribes in exchange for escorting narcotic loads.
• Chief of Police Convicted
  The Chief of Police of Boyce, LA, Claude E. Williams, was convicted of illegal possession of unregistered firearms.
• Norfolk: Former Government Employee Arrested
  A criminal complaint charged Yue Cheng with five counts including marriage fraud and making false statements to the FBI in order to become a special agent.

Assuming that the above allegations are true, the accused have jeopardized their freedom, their good names the future of themselves and their families. Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the alleged ethics violations would not have occurred.

Here is a link to a list of decision making process that may be useful to those who must educate others about ethics: http://www.kardasz.org/Decision_Making_Tools.html

Link to the FBI website with the full stories: http://www.fbi.gov/pressrel/pressrel08/topten_120508.htm

Posted by Dr. Kardasz at 08:42 PM | Permalink

Posted by Dr. Kardasz at 06:10 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the ethics violations would not have occurred.

Here is a link to a list of decision making process that may be useful to those who must educate others about ethics: http://www.kardasz.org/Decision_Making_Tools.html

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South Tucson (Arizona) police officer fired after probe

June 19th, 2008. Associated Press

A South Tucson police officer has been fired after becoming the focus of an FBI and IRS probe.

Lieutenant Richard Garcia came under suspicion of cashing checks intended for the city and its police department. Garcia was the second-highest ranking officer in the department. He was fired last week.

City manager Enrique Serna says South Tucson officials became aware of the federal investigation about a month ago. Garcia was promoted to lieutenant in May and would have marked his 13th year with the department later this month, city officials said.

Retrieved June 20, 2008 from http://ktar.com/index.php?nid=6&sid=871757&r=1

Posted by Dr. Kardasz at 03:14 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators in the story below had used some logical decision-making processes beforehand, perhaps the violations would not have occurred. 

Here is a link to a handy list of decision making process gathered from some knowledgeable sources: http://www.kardasz.org/Decision_Making_Tools.html

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Laredo, Texas - Ex-cops now reside in fed prisons 

05/12/2008 By Julian Aguilar, Laredo Morning Times (LMT online)

As Laredo waits to see who is chosen as police chief to bring integrity and unity back to the Laredo Police Department, three men responsible for LPD's recent woes find themselves hundreds of miles from the place they used to call home.Former police chief Agustin Dovalina, Sgt. Alfonso Santos and Lt. Eloy Rodriguez were each sentenced to about three years in federal prison by U.S. District Judge George P. Kazen last February.
 
The trio all pleaded guilty to a federal charge of conspiring to commit in a scam that saw more than $95,000 in cash wrenched from owners and operators of popular maquinita gambling establishments that were paying out more than state law permits.

The policemen took the cash in exchange for protecting the businesses from law enforcement interference.

Dovalina
Chris Adams, the public information officer for the federal detention center El Reno-FCI in Oklahoma confirmed Dovalina, 52, is currently serving his time at the medium-security facility.
The prison has an adjacent satellite camp on its premises that houses minimum-security inmates. The unit the former chief is serving his time in is not public information, however, according to Adams.

The facility is in Central Oklahoma, about 950 miles away from Laredo. According to the Bureau of Prisons Web site, Dovalina's projected date of release is November 2010. Adams said the date is contingent upon Dovalina steering clear of any trouble while serving his time.

Adams said that according to U.S. Bureau of Prisons policy, information concerning whether an inmate is assigned any work detail or other related information is not made available to the public unless written permission is granted by the inmate.

Santos
Santos, 52, is scheduled to be released from the FPC Duluth detention facility in Minnesota in September 2010, according to T.K. Rhodes, a prison spokeswoman.
The federal prison camp houses minimum-security offenders and is located on what used to be the Duluth Air Force Base near Lake Superior.

The detention center is halfway between Minneapolis and the Canadian border with the U.S. and is about 1,560 miles from Laredo.

Rodriguez
According to the Bureau of Prisons Web site, Rodriguez, 45, is serving his time in the USP Leavenworth detention facility in Leavenworth, Kan.
The facility is a medium-security prison but also has an adjacent satellite camp where minimum-security offenders are housed. Rodriguez's projected release date, according to the Web site, is December 2010. The facility is about 25 miles north of Kansas City, Kan. and 960 miles from Laredo.

Like Dovalina's release date, Santos' and Rodriguez's release dates may also be changed should the inmates run afoul of the rules of their respective facilities.

The bribery deal
Santos and Rodriguez were the first officers arrested in July 2007. The two were charged with accepting the bribes on an almost weekly basis in 2006 until November of that year when the transactions abruptly ended. Linh "Larry" Tuan Do, the former owner of the popular Entertainment World who initially did business with Rodriguez and later Santos, began cooperating with federal authorities and provided the evidence that led to the cops' arrests.
Rodriguez was also charged with multiple counts of cocaine possession but he and Santos agreed to cooperate with authorities and all charges, with the exception of conspiracy to commit extortion, were dropped.

The indictment also mentioned an unnamed co-conspirator that many assumed to be Dovalina because of his close relationship with Santos.

In October, Dovalina abruptly resigned as the chief of the Laredo Police Department. Four days later, the 30-year veteran of the force walked into Judge Kazen's courtroom and pleaded guilty to the same charge.

Restoring integrity
Since the scandal, city leaders have worked in earnest not only to find a new chief, but also to help restore integrity to the force and the city.
During sentencing, Kazen openly admonished all three former cops for smearing the reputation of the entire police force, which he said, was predominantly comprised of legitimate and honest cops.

Months after the scandal broke; the popular game rooms were still operating openly throughout the city.

Crackdown
In January, however, the police department began cracking down on the gambling parlors, seizing machines and cash and making arrests of operators and owners.
Once popular establishments that used to have overflowing parking lots even before nightfall now sit empty and abandoned. Some have fading "For Lease" signs while others have been transformed into restaurants or other businesses.

While Laredoans forget that the buildings were once hotbeds for illegal gambling, city officials undoubtedly hope the memories of the scandal that made headlines statewide will also begin to fade with time.

(Julian Aguilar may be reached at 728-2557 or by e-mail at jaguilar@lmtonline.com)

Retrieved May 12, 2008 from http://www.zwire.com/site/news.cfm?newsid=19681280&BRD=2290&PAG=461&dept_id=569392&rfi=6
 

Posted by Dr. Kardasz at 07:48 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the ethics violations would not have occurred.  Here is a link to a handy list of decision making process: http://www.kardasz.org/Decision_Making_Tools.html

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Boston - MA - Crooked cop gets 18-year sentence

By Laurel J. Sweet, March 11, 2008. The Boston Herald

Nelson Carrasquillo stood behind his Boston police badge for 10 years, but for his failing grade on a test of loyalty, integrity and smarts, he’ll be staring at prison bars for nearly double that time.

The upbeat expression on a bulked-up Carrasquillo’s face soured rapidly yesterday when U.S. District Court Judge William G. Young sentenced to 18 years the defendant prosecutors dubbed the “middle man” of a trio of corrupt cops. That’s five years longer than the 13 years that fellow former officer Carlos Pizarro was slapped with by Young.

When Roberto “Kiko” Pulido, the ex-motorcycle cop who roped Carrasquillo and Pizarro into side jobs as hired muscle for drug dealers, stands before Young in May, assistant U.S. District Attorney John T. McNeil said yesterday he will recommend a sentence exceeding 20 years for the top-tier traitor.

“Any police officer who steps over the line from protecting people from criminals to being a criminal,” must face “very serious consequences,” McNeil said.

A courtroom packed with family and friends behind him, Carrasquillo apologized to the state “for my lack of judgment.”

Though he believes cops gone bad like Carrasquillo are “rare,” Young nevertheless told the disgraced lawman “the greatest danger” he posed to the public was “that they will come to think - because of what you did for greed and your own personal gratification - that somehow, that reflects on police officers everywhere.”

Carrasquillo pleaded guilty last year to federal indictments charging him with cocaine and heroin possession with intent to distribute. For one Sunday morning’s work keeping a vigil on a drug shipment in April 2006, McNeil said Carrasquillo was paid $10,000 and blew it on clothes, booze and entertainment.

Rather than at least put it toward his mortgage, McNeil said, Carrasquillo was spending his ill-gotten gains “to support his own celebratory habits.”

Retrieved March 11, 2008 from http://www.bostonherald.com/news/regional/general/view.bg?articleid=1079400

Posted by Dr. Kardasz at 07:41 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the ethics violations would not have occurred.  Here is a link to a hand list of decision making process: http://www.kardasz.org/Decision_Making_Tools.html

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California Judges Censured in Connection With DUI Cases

Pam Smith, The Recorder, 06-12-2006

Two Superior Court judges, both accused of driving under the influence and then trying to leverage their positions as judges to get special treatment, were censured by California's Commission on Judicial Performance Thursday.

Sonoma County Judge Elaine Rushing and Riverside County Judge Bernard Schwartz each avoided the possibility of a stiffer consequence -- removal from the bench -- by stipulating to the disciplinary charges against them.

Rushing was driving under the influence last June when she hit a residential wall in Santa Rosa and left the scene without telling the property owners, according to the decision in her case. About two miles down the road, she drove her car into a ditch.

When emergency personnel and highway patrol officers reached the scene, Rushing denied she had been the driver, making up a story about a man and a woman who had been with her but had left on foot. She also repeatedly told an officer that she was a Superior Court judge, and kept asking him to call her husband who, she informed him, was an appellate court justice.

Rushing -- who currently presides over civil matters -- told the officer he should not be arresting her because she was a judge, according to the decision.

Rushing's overall conduct here was "seriously at odds" with canons of ethics, as well as expected judicial behavior, the decision said, which was approved by seven commission members. But the commission also noted that Rushing had no prior discipline on her record and that "numerous people" had submitted letters supporting her. They included criminal defense attorney Cristina Arguedas and 4th District Court of Appeal Justice Eileen Moore.

Two other commission members had voted against the settlement, based on a belief that there should be a hearing to develop a full factual record before reaching any decision, commission Chairperson Marshall Grossman wrote.

Rushing's attorney, James Murphy, who works in the San Francisco office of Murphy, Pearson, Bradley & Feeney, said the judge doesn't recall the events that occurred. "We entered into the stipulation," he said, "because Judge Rushing wanted to resolve this matter. It has been very distracting to her." Rushing pleaded no contest last year to driving under the influence.

Schwartz, who has been on the bench in Riverside County since 2003, was pulled over by a Pismo Beach cop in July 2005 for veering out of his traffic lane, according to Schwartz's stipulation with the commission. When the officer asked him to take a test to screen for alcohol, Schwartz suggested the officer run his license. When the officer asked Schwartz if he was trying to say he was a police officer, he responded, "No, I'm a judge," the stipulation said.

Shortly after, the conversations were tape recorded, the stipulation said. On one of the multiple occasions when Schwartz suggested the officers just take him to his hotel and was refused, he said, "But, I'm all of a mile away from the hotel. ... I know you guys are doing your job, but this is not good for me. I'm running for election next year and this is not a good time."

As with Rushing, the commission decided that Schwartz had committed prejudicial, rather than willful, misconduct, because he was not acting in a judicial capacity when he attempted to get preferential treatment. He also had no prior discipline, Grossman wrote in the undisputed decision.

Retrieved June 11, 2006 from, http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1149843918528

Posted by Dr. Kardasz at 12:52 AM | Permalink

Posted by Dr. Kardasz at 02:07 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the ethics violations would not have occurred.  Here is a link to a hand list of decision making process: http://www.kardasz.org/Decision_Making_Tools.html

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3 Chandler cops tied to steroid investigation

The Arizona Republic. By Eugene Scott and Venus Lee. 07/25/07

The Chandler Police Department confirmed Wednesday that three of its officers are now under investigation, part of a widening Drug Enforcement Administration investigation into steroid use among public safety personnel.

"From the information that was provided to us by the Drug Enforcement Administration, we have identified three city of Chandler police employees and we are conducting an investigation on our own at this time," said Sgt. Richard Griner, a Chandler police spokesman.

Griner said the employees are sworn officers, and that the department would not have any additional details on the investigation at this time.

Phoenix and Mesa police departments and Phoenix Fire have also been named in the investigation.

Phoenix police told The Arizona Republic that more than a dozen of their officers were linked to the investigation. The Mesa police department confirmed that one of its officers is under investigation.

A DEA spokeswoman said the agency is conducting an investigation regarding steroids and that the primary targets are not police, but doctors that improperly write prescriptions.

The Arizona Peace Officer Standards and Training Board oversees certification of all police officers in the state, though they do not conduct investigations.

"This (abuse of steroids among police officers) is all relatively new for us," said Bob Forry, the standards compliance unit manager of AZPOST.

They have had a total of six steroid cases since 2004. One case is still pending and the other five ended with officers losing their certification.

To combat the use of steroids among police officers, Forry said the board plans to partner with local departments to train investigators and will consider revising the administrative rules that do not explicitly state steroid usage and possession are grounds for dismissal. The document does not cover abuse of prescribed anabolic steroids.

Valley public safety agencies have had several instances of involvement with steroids.

In 2005, police found $1,200 worth of steroids in the home of Mesa firefighter Scott Bluemel. He later pleaded guilty to a felony charge and resigned.

Mesa firefighter Jeff Hinrichs was caught smuggling steroids across the border. He resigned months after his sentencing, when supervisors discovered his felony conviction. At 34, Hinrichs set a world record for his age division by bench-pressing 562 pounds at the North American Bench and Dead Lift competition and won a gold medal at the Arizona Police/Fire Games for bench-pressing 540 pounds in 2005.

Last year, two Phoenix police officers were ordered to be tested for steroids. One of them, Officer Bob Dietrich, was terminated.

Retrieved July 25, 2007 from http://www.azcentral.com/community/chandler/articles/0725cr-steroids.html

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Phoenix, Arizona -12 officers probed in steroid case

By William Hermann, The Arizona Republic, 07/22/07.

At least 12 Phoenix police officers are under investigation as part of a federal probe into the criminal use of anabolic steroids, a department commander said Saturday. The use of the steroids, a controlled substance, for non-legitimate medical reasons is both a violation of department policy and the law. The investigation by the U.S. Drug Enforcement Administration apparently centers on Valley physicians who may be illegally dispensing or prescribing the anabolic steroids. Some of the patients, including police officers, got swept up in it, according to Phoenix police Cmdr. Chris Crockett. Crockett said that to his knowledge, the DEA probe has also turned up names of officers from other Valley police departments. He did not, however, know which other agencies might be involved. Attempts to reach the DEA for comment were unsuccessful Saturday. Crockett, commander of the department's Public Affairs Bureau, said that he did not have the names of the Phoenix officers involved in the investigation.

No officers charged
He said none of the officers has "been charged with anything yet, and as I understand it they are still on duty." Anabolic steroids are a controlled substance in the United States and many other countries. Steroids have been widely used by body builders for years because of the drug's ability to increase the growth of tissue, especially muscle. Phoenix police officers may not use anabolic steroids unless they have a legitimate medical reason, according to department policy. Police recruits are asked on their application form if they have used various drugs, including heroin, methamphetamines and steroids. Violations can bring about disciplinary measures ranging from suspensions to termination. Doctors have been prosecuted nationwide for handing out prescriptions for steroids to people who have no legitimate medical need for them but simply want to build muscle mass. Phoenix Mayor Phil Gordon said Saturday he knew about the steroid investigation but said he did not know details. "I've been briefed on this by (police) management, and the department is conducting its own investigation," Gordon said. "I'm confident we'll take appropriate action."

'Ahead of other agencies'
Crockett said that, distressing as it might be for the department to be facing the problem of improper steroid use by officers, Phoenix "is to my knowledge way ahead of other agencies in being proactive on steroid use." "I spoke with the commander in charge of our professional standards bureau. He said no other agency routinely random-samples officers for steroid use. Only Phoenix." Crockett said that concern about officer steroid use was great enough that about one year ago the random test that is administered to officers for drug use was modified to test for steroids. Several officers have tested positive for steroids in the random tests, Crockett said, but he wasn't sure how many. He said he's aware of one officer who just this week was placed on 40 hours' suspension from duty for using steroids. "That 40 hours was the recommendation of the Discipline Review Board, and Chief (Jack) Harris concurred," Crockett said. Crockett said that there are concerns about officers using steroids that go beyond possibly using a controlled substance illegally. He said that while he is no authority on the subject of "roid rage" - the uncontrolled anger often associated with those who abuse anabolic steroids - "obviously, anybody who would not be able to act in a controlled manner is something we would be concerned about." "I know there have been stories of people using steroids and doing some pretty bad things," he said.

Retrieved July 22, 2007 from http://www.azcentral.com/community/phoenix/articles/0722steroids0722.html

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Mesa officer in federal steroid probe reassigned

Jim Walsh. The Arizona Republic. 07/24/07
Mesa police are investigating whether one of their officers was illegally prescribed anabolic steroids as part of a federal investigation spreading through Valley police and fire departments.Police have declined to identify the patrol officer but said he was reassigned to administrative duties more than two weeks ago.Detective Chris Arvayo said Mesa police were notified by the federal Drug Enforcement Administration that the officer was listed as a patient of a doctor under investigation in the steroids probe. At least 12 Phoenix police and firefighters also have been named in the investigation.The internal affairs investigation will focus on the officer's relationship with the doctor and whether he was prescribed steroids. The DEA has said that doctors are the primary focus of their investigation, but the officers and firefighters may have violated their departments' drug policies.

Posted by Dr. Kardasz at 03:46 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the ethics violations would not have occurred.  Here is a link to a hand list of decision making process: http://www.kardasz.org/Decision_Making_Tools.html

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Female truckers' complaints raise questions about reform

By Brad Schrade, Staff Writer The Tennesean.com. 07/01/07

One female trucker says state trooper Sgt. Leon King ordered her into a secluded room at an Interstate 40 weigh station in January 2006 and propositioned her.

Another says King caressed her hands, arm and buttocks at that Weststate weigh station.

King stayed on the job four months during the first investigation. Days after the second incident, the patrol let him retire with his full pension. No investigation was done.

The handling of the complaints about King, and two other cases involving troopers and women, raise questions about whether agency reforms in 2006 took root.

Officials responding to the complaints were the ones put in place after Gov. Phil Bredesen pledged to end the patrol's history of cronyism and tolerating troopers' misconduct.

"This raises the specter of the 'good ole boy' system at its worst," said David Raybin, a former prosecutor who now represents a Fraternal Order of Police union. "That a police department would tolerate mistreatment of anyone, a woman for sex or anything. Their job is to protect the public. The idea that a police officer is using his position to hit on women is abhorrent."

Highway Patrol officials say that the cases involve a few bad apples and that they have responded aggressively.

When we have indications of inappropriate behavior, that is dealt with," Highway Patrol spokesman Mike Browning said.

Intimidation claimed
The two female truck drivers from the 2006 incidents at the Brownsville weigh station say King scared and intimidated them, and they wished he had been prosecuted. He wasn't.

Complaint wasn't first
"It was an abuse of power," Serratto told the newspaper last week. "It was so blatant. You could tell it wasn't the first time because it was so natural for him. It was intimidation, his badge.

Serratto said Highway Patrol officials left her with the impression that King had been fired after her complaint.

Cooper, who said she still has nightmares from her episode with King, wants to know why the patrol leadership let him back on the job even as he was being investigated for the earlier complaint.

Woman's outrage lingers
" 'What do you mean he's retired and I should have no more incidents?' " Cooper recalled thinking when she saw the letter.

Rose Palermo, a Nashville attorney, said it is against the law for someone to touch another person in the manner described by Cooper.

The case should have at least been pursued and turned over to a district attorney to determine if there's a criminal case, Palermo said.

Such behavior could also fall under the category of official misconduct, according to Raybin.

After Cooper complained about the lack of action — and nearly a year after the incident — the patrol forwarded her case to the district attorney general in Haywood County.

The head of the patrol's parent agency at the time of both 2006 incidents was Gerald Nicely, whom Bredesen installed as interim state safety commissioner and put in charge of cleaning up the force.

In retrospect, Walker said, King probably should have been put on leave after Serratto complained in January 2006.

When he learned of accusations against King, the colonel said he pursued them vigorously, and he recommended on June 1, 2006, that King be suspended for 30 days, demoted and transferred to the Interstate 24 weigh station in Manchester.

King retired before the department could conduct an internal investigation on the second incident, he said.

The patrol this year created a new professional standards unit to investigate and root out troopers who are guilty of misconduct, the colonel noted.

The retired trooper has been a Brownsville alderman for some time, his attorney said, and had worked for the state since 1975.

A 10-day suspension was recommended for King in 1999 after he was accused of using his state position to track down contact information for a married woman he'd seen at a Huddle House restaurant. State records say King called the woman at home and asked her out on a date.

He said it may have been overturned, but the spokesman could not answer that definitively Friday.

Two other troopers have recently gotten in trouble over sex-related allegations. Trooper James Randy Moss received international attention in May when a porn actress said she performed oral sex on him during a traffic stop in exchange for his overlooking drugs in her car.

Just a week later, on June 6, Walker moved to fire Harold "Steve" Max, a West Tennessee trooper accused of showing up at a married woman's home while on duty on several occasions and propositioning her, allegedly grabbing her breast and her buttocks, records show.

Retrieved July 1, 2007 from http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070701/NEWS0201/707010400

Posted by Dr. Kardasz at 08:41 PM | Permalink

Dr. Frank Kardasz: Misconduct, ethics violations and crimes by public officials often lead us to ask; What was he (or she) thinking?  If the violators had used some logical decision-making processes beforehand, perhaps the ethics violations would not have occurred.  Here is a link to a hand list of decision making process: http://www.kardasz.org/Decision_Making_Tools.html

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Madbury, New Hampshire - Chief loses police powers

Madbury N.H. (AP) - The longtime police chief in Madbury can no longer serve as a police officer in the state.

The New Hampshire Police Standards and Training Council decertified Chief George Taylor after concluding he submitted false documents to the council.  The council was looking into questionable documents about firearm  qualifications, employee background checks and part-time officer working hours. Taylor has been Madbury's chief for more than 30 years. He met with the council last month, and on Tuesday its members voted to revoke his certification. Council officials will not discuss specifics. "As we teach all police officers, integrity and honesty are paramount in maintaining the public's confidence in the profession itself," said Michael Prozza Jr., Sullivan County Sheriff and council chairman. "While it is sad that police misconduct exists in the first place, this action should at the same time send an important message to the citizens of this great state that The Council takes such misconduct seriously." Taylor's name will now be entered into a nationwide database of decertified police officers. Madbury Lt. Joe McGann is filling in for Taylor.
Retrieved July 1, 2007 from http://www.sunjournal.com/story/219105-3/NewEnglandNews/NH_chief_loses_police_powers/

Posted by Dr. Kardasz at 08:38 PM | Permalink

By David Usborne, nzherald.com.nz, 06/29/07

Drug trade and narcotics-realted violence are big issues in Mexico

Mexico has launched an unprecedented purge of its top police officers as the latest step in its increasingly high-stakes campaign to combat the drugs cartels and end a gruesome wave of narcotics-related violence. A total of 284 federal police chiefs spread across every state of the country have been temporarily removed from their posts. Each of them will be extensively vetted for corruption and possible ties to the cartels and their ruthless gangs of enforcers.

Since taking office last December, President Felipe Calderon has taken increasingly bold measures to tackle one of his country's most intractable problems - the unabated activities of the drug lords and the corruption within law enforcement that protects them from arrest. It is a crusade that has drawn wide applause from mainstream Mexicans, who are tired of the bloodshed spawned by the drugs trade, and from the United States Government.

However, there is so far no evidence that the assault is slowing the distribution of drugs. Nor has it quietened the violence. Replaced for now by agents who have already been extensively screened for their integrity, the suspended officers will be required to take drugs tests and undergo lie-detector tests. Meanwhile, their relatives and friends will be interrogated and their financial assets examined - all measures designed to detect any ties they may have to the underworld. The death toll last year from drugs-related killings reached 2000 and is on track to be even higher this year.

Corruption in the police, particularly at the local and state levels, is hardly a new problem in Mexico. It was highlighted in 2004 with the arrests of a regional intelligence director and 26 officers in Cancun following the killings of seven people, including three federal agents, in the city.

Calderon has deployed 24,000 army officers and federal agents to areas most impacted by violence. But critics doubt if the war can be won with so much money at stake. About 75 per cent of all the cocaine consumed in the US is smuggled through Mexico, generating up to US $24 billion ($31.4 billion) in profits. As much as US$3 billion of that is believed to be spent each year corrupting officials.

"The problem is the way the cartels are structured," said Alex Sanchez, a Mexico analyst at the Council on Hemispheric Affairs in Washington. "Taking out one guy, even a top leader, just leaves a vacuum that others fight to fill. There is a perpetual cycle of violence unless they can take down every single member of a cartel, from the top capos to the lowest drug runners."

- INDEPENDENT
Retrieved June 29, 2007 from http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10448554

Posted by Dr. Kardasz at 08:37 PM | Permalink

He faces a six-month sentence after charges are reduced

By Paul Pinkham, The Florida Times-Union. Jacksonville.com. 06/29/07

A former Jacksonville police officer pleaded guilty Wednesday to stealing what he thought was drug money. His plea agreement calls for a six-month prison sentence.

John Feon Hairston, 36, declined comment after pleading guilty to a misdemeanor count of stealing government money. U.S. Magistrate Howard Snyder scheduled sentencing Aug. 28.

Hairston had faced up to 15 years in prison on felony charges of theft and lying to the FBI under color of law, but prosecutors agreed to drop those charges under the plea agreement. Hairston resigned from his patrolman job after his arrest in March and agreed under the plea to permanently relinquish any police certifications. The deal also requires him to repay $3,407 restitution to the Jacksonville Sheriff's Office and FBI.

Officers with the Sheriff's Office integrity unit set up an undercover sting in February to catch Hairston after getting tips that he was stealing money from criminal suspects, Assistant U.S. Attorney Scotland Morris said. They watched as Hairston responded to a call he thought involved a vehicle that had been abandoned by a fleeing suspect and pocketed $1,270 that integrity officers had placed inside.

A second sting was similar but involved $2,137 placed in a vehicle by the FBI. Morris said Hairston initially denied to FBI agents that there was cash in either vehicle but confessed after he was arrested. He said he spent some of the money on bills and clothes and gave some to his ex-wife for groceries.

"Hairston stated that he thought he was taking the money from dope boys," Morris said. Snyder said he would let lawyers on both sides know if he couldn't agree with the six-month sentence. Either side can back out of the plea if Snyder doesn't agree with the sentence. At the request of defense attorney Roland Falcon, Snyder relaxed Hairston's bail restrictions to allow him to travel to church functions in Georgia. Morris said the government didn't object. Hairston remains free on $10,000 bail.

paul.pinkham@jacksonville.com, (904) 359-4107
Retrieved June 29, 2007 from http://www.jacksonville.com/tu-online/stories/062807/met_180566799.shtml

Posted by Dr. Kardasz at 08:27 PM | Permalink

By Mike Carter. Seattle Times staff reporter. 06/24/07

For more than a year, the King County Prosecutor's Office on its own has tracked police officers and sheriff's deputies known to have credibility problems and has painstakingly compiled a list.

So far, the list has 11 names — four current Seattle police officers and seven current or former sheriff's deputies.

A review of disciplinary records and court files involving these officers reveals a host of issues that could threaten the prosecution of alleged criminals. Some of the officers lied. One destroyed documents. One used racial epithets. Another threatened to kill someone.

In any criminal case, prosecutors are required by law to alert the other side to relevant problems with officers, so that the accused can get fair treatment by being able to challenge their accusers' credibility.

The problems with officers on the list have led to serious criminal charges being dismissed in some cases — including one involving the alleged rape of a child.

That county prosecutors have built the list themselves spotlights the haphazard way prosecutors learn about officers whose credibility on the witness stand can be attacked.

All too often, from the prosecutors' point of view, they find out about problems just before trial, or during trial or plea bargaining, and they feel blindsided, unable to shore up weaknesses in their cases.

In many instances, prosecutors find out about problems with an officer at the last minute from a defense lawyer who has obtained the information from a public-records request, said Kathy Van Olst, deputy director of the King County prosecutor's criminal division.

"This is the worst way for us to find these things out," Van Olst said. "We would hope that we would find out from a department independently, but they've never done it."

Seattle Police Department Deputy Chief Clark Kimerer said the department does give prosecutors the names of officers with honesty issues.

However, none of the names of Seattle police officers on the prosecutor's list came from the department. Additionally, none of the names of sheriff's deputies was provided by the Sheriff's Office.

Sheriff's spokesman John Urquhart said the prosecutor's office only recently asked for names of deputies with credibility issues and the office is working on an effective way to provide them.

Officer credibility and its impact on public safety have become a high-profile issue in Seattle in the wake of an investigation into the actions of two Seattle bicycle cops, Gregory Neubert and Michael Tietjen, who were accused of mistreating and planting drugs on a convicted drug dealer they arrested in January.

The officers were cleared of the most serious charges by the Office of Professional Accountability (OPA), which oversees police internal investigations. Police Chief Gil Kerlikowske largely exonerated them during a news conference.

Even so, numerous discrepancies between the officers' reports and a videotape of the arrest called their honesty into question. The case against the drug dealer was dismissed.

The videotape in the drug case was turned over to prosecutors by Seattle police internal-affairs investigators because they thought it could be used as evidence against the drug dealer, said Deputy Chief Kimerer. He added that the department did not believe the tape raised any questions about the officers' honesty.

Nonetheless, after the initial drug case was dismissed, the prosecutor's office launched a review into dozens of other cases in which Neubert and Tietjen were involved. Two other felony cases were dismissed in March because of the investigation into the officers. The prosecutions of 30 other criminal cases are in jeopardy.

The prosecutor's office expects to add the officers to its list.

Last week the drug case caused a furor after a citizen-review board report accused Kerlikowske of interfering in the investigation of the officers. The chief blasted back, calling the allegations false and suggesting politics were at play.

Subsequently, Mayor Greg Nickels ordered the new head of the OPA to review the investigation, including the chief's role and the work of the citizen-review panel. Even that review is controversial, though: The OPA director will be reviewing her boss — the chief of police — and the review board, which monitors her work.

Supreme Court ruling
In February 2006, King County Senior Deputy Prosecutor Mark Larson, chief of the office's criminal division, wrote a memo telling attorneys in the office to be diligent in keeping track of officers with credibility problems.

He reminded the attorneys of their responsibility to abide by the landmark U.S. Supreme Court decision Brady v. Maryland. That 1963 ruling states a prosecutor is obliged to provide the accused with any evidence that might help his or her defense, including information that could be used to challenge the credibility of police officers or other witnesses.

If that information isn't handed over, cases could be dismissed, allowing suspects to go free. The lawyers could face discipline by the Washington State Bar Association.

Moreover, the law presumes that if one attorney in a prosecutor's office knows of a credibility issue with a law-enforcement officer, then the entire office is on notice, Larson wrote. The next time that officer's name comes up in a case, the prosecutor is obligated to turn information over if it is relevant. There is no excuse, even if some in the office don't know about it.

Larson's memo got prosecutors to begin compiling the list of "Brady cops."

But it wasn't until the Neubert and Tietjen investigation that the prosecutor's office started contacting local law-enforcement agencies to raise the question of better tracking of officers with credibility problems.

The Brady list is a legal obligation, Van Olst said, but that doesn't necessarily mean that every person on the list is a bad cop or that cases in which they were involved can't be successfully prosecuted.

For its part, the Police Department doesn't use a "Scarlet A" to single out officers who have made a mistake or error in judgment in the past, said Deputy Chief Kimerer.

At this point, nobody in law enforcement knows what sort of misconduct should trigger the addition of an officer's name to the prosecutor's list.

"It hasn't been on our radar," said sheriff's spokesman Urquhart. "I don't think it's been on the prosecutor's radar either, until now."

Kimerer said that "very few issues of honesty and integrity are present among officers who are currently working."

Indeed, the list is tiny compared to the numbers of officers and deputies. The Sheriff's Office has 750 deputies, and about 1,300 officers work on the police force, including the police chief and other administrators.

Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild, says the bar for placing an officer on the list should be very high: a rare disciplinary finding of dishonesty against an officer.

But the prosecutor's office wants to know about more than just those officers who have been found to be dishonest. Already, it has included on its list some who were not disciplined by their employer. The standard for prosecutors is whether the defense could attack the credibility of the police officer or deputy.

Getting on the list
Among the incidents that have landed officers on the list:

In May 2005, Seattle police Detective Donna Stangeland was investigating allegations that a 42-year-old church janitor had a two-year sexual relationship with a 13-year-old girl in the parish. During the investigation, Stangeland obtained a search warrant for files on the suspect's computer. Meantime, the man was charged with three counts of rape of a child.

A forensic computer expert told Stangeland that some of the recovered files appeared to contain private correspondence to the man's attorney and therefore were privileged and could not be looked at. Nevertheless, according to court documents, "curiosity got the better of her," and Stangeland read the letters.

Stangeland told her supervisor, Sgt. Richard Welch, about the letters and discussed the content. Neither Stangeland nor Welch told prosecutors, nor did she include the information in her report. At some point, she printed out copies of some of the documents.

Six months later, in November, the forensic expert told prosecutors that the privileged files had been included in the computer records Stangeland had been given. Superior Court Judge Theresa Doyle found the detective had "intentionally read privileged documents, knowing they contained privileged attorney-client communications, and knowing she was not supposed to read them."

Indeed, according to court documents, Stangeland later said she had shredded the copies because she was "nervous."

Doyle dismissed the rape charges because of the credibility issues, and the man went free.

Larson referred the case to the department's Office of Professional Accountability. The office determined the problem was a training issue and did not discipline either officer. Both Stangeland and Welch are now on the prosecutor's list and both continue to work as detectives. Each declined comment.

In another case, King County sheriff's Deputy Denny Gulla admitted to internal investigators that in 2004 he had pulled over the husband of a woman he was having an affair with and threatened to kill him. Gulla, who was a sergeant, is still on the force as a patrol deputy. He declined comment.

In November 2004, a defense attorney preparing for a criminal case discovered that Deputy Keith Martin in 2000 had called a black teenager a "monkey boy" or "monkey butt" at Highline High School in Burien and in front of a school official and other witnesses. The statement could taint his credibility in cases involving African-American defendants. The Sheriff's Office had disciplined the deputy for the comments and for lying in another investigation the year before.

Prosecutors had not heard about the comments, or the discipline. The outcome of the 2004 case was not available, but this much is clear: His comments landed him on the prosecutor's list. Martin declined comment.

Seattle police Officer Christopher Garrett is also on the list. He was the arresting officer in a felony drug case set for trial in July 2004. The prosecutor asked for a continuance because Garrett had said he was out of town.

But he wasn't. The following month when he returned to court, he admitted to the prosecutor that he had lied and had been in town. The prosecutor told the judge, who passed the information along to the defendant, a man with multiple drug convictions who was acting as his own lawyer.

Garrett, a member of the department's elite Anti-Crime Team, took the witness stand.

"Do you consider yourself to be truthful most of the time, all of the time, or just some of the time?" the defendant asked him."All of the time," Garrett answered. "... Then why did you lie to the prosecutor saying you were on vacation and out of town?" the defendant asked.

The jury acquitted him. Attempts to contact Garrett were unsuccessful.

The fallout
When an officer has credibility problems, the impact can be wide reaching.

Last January, when the Police Department opened its internal investigation into Neubert and Tietjen, the two bike cops were potential witnesses in at least 22 drug- and weapons-related felony cases. The city had another 13 misdemeanor cases pending in which the officers were involved.

George "Troy" Patterson — a convicted felon with more than 20 drug-related arrests — claimed that the two officers had roughed him up and planted drugs on him during a nighttime arrest on a downtown corner.

A security-camera video of the arrest hardly resembled what the officers put in their reports: It does not appear they found drugs in the man's lap, where they said they did; they did not report they held Patterson in a painful compliance hold, twisting his arm high above his back for more than four minutes; and they didn't report the arrest and release of another man, or his claim that they took marijuana from him.

Deputy Prosecuting Attorney Erin Becker, the head of the felony drug unit, watched the video and then dropped the charges against Patterson "in the interest of justice" on March 6.

Neubert and Tietjen have declined comment on the initial drug case, the investigation and the subsequent fallout.

Senior Deputy Prosecutor Larson decided that the Brady rule would require the prosecutor's office to notify other defense attorneys whose cases with the two officers were approaching trial. Meanwhile, prosecutors agreed to drop the two most pressing cases in order to protect the Police Department's "sensitive and incomplete" internal probe.

One case involved drug charges against a convicted felon named Jabarie Phillips, whom Neubert and Tietjen had arrested for allegedly selling crack downtown.

On March 9, Phillips had tentatively agreed to a plea deal that would land him in prison for up to 10 years. Instead, he left court a free man. His lawyer, Lisa Dworkin, said it was "like Christmas."

Five days later, DeWayne West, 35, was gunned down on his West Seattle porch. A cellphone and a spent shotgun shell found at the scene led Seattle detectives to Phillips, who was arrested and charged with second-degree murder and jailed on $1 million bail.

According to prosecutors, Phillips might have been free at the time of West's death even if the drug case had gone forward because he had not been jailed after he was charged.

Meanwhile, the prosecutor's office continues to try to find an effective way of getting law-enforcement agencies to give it timely and complete disciplinary information about officers that may affect its prosecutions. Senior prosecutors and lawyers for the Seattle Police Department and other county police agencies are discussing the issue.

As recently as last month, however, prosecutors were caught unaware, again, about a 2005 case in which an officer's credibility was questioned.

The Seattle Police Department's Office of Professional Accountability, without naming names, described in a report earlier this year the case of an officer punished for violations of "arrest procedures" and "honesty" that in many ways resembled the controversial Patterson case:

A suspected drug dealer claimed he was improperly stopped downtown, allegedly roughed up by two officers and arrested.One of the two officers testified at trial that no force was used in the arrest, even though his handwritten incident report said force had been used. The next day, the officer disclosed his erroneous testimony to the prosecutor and the judge, who declared a mistrial. Internal investigators decided the officer's mistake was unintentional and should be handled as a "training issue." The officer received counseling from his supervisor. But records of the internal investigation obtained by The Times also showed that the other officer had arrested, handcuffed and released a second man at the scene, and failed to record that arrest in his report — disregarding the same department policy violated in the Patterson case.In this case, as in the Patterson case, that officer was Michael Tietjen. Prosecutor Van Olst knew nothing about the case until a reporter pointed it out to her. "We really need to communicate better," she said.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com

Retrieved June 24, 2007 from http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document_id=2003760490&zsection_id=2002111777&slug=bradycops24m&date=20070624

Posted by Dr. Kardasz at 04:06 AM | Permalink

Group demands no contact with lieutenant

From Seacoast online. By Elizabeth Dinan. edinan@seacoastonline.com. 06/23/07

Portsmouth - When Police Lt. Rodney McQuate grabbed a female officer's breast he displayed a "blatant disrespect of a female subordinate," according to four female members of the police detectives division who have requested McQuate have "no supervisory contact" with them "for any reason."

That request was made in a letter obtained by the Herald, addressed to Police Chief Michael Magnant and dated June 19. Signed by detectives Kristyn Bernier, Kimberly Sirr and Rebecca Hester, as well as administrative assistant Holly Fish, the women ask that McQuate communicate with them through specifically named third parties.

In their letter to the chief, the detectives and administrator call the breast-grabbing incident "appalling and egregious."

"We would like to express our dissatisfaction in not only McQuate's behavior but also the manner in which the Portsmouth Police Department chose to handle the situation," reads the memo. "This behavior was deliberate and absolutely unbecoming of an officer, let alone a lieutenant of the Portsmouth Police Department. This behavior and the disciplinary choice set forth would lead one to believe that respecting women in this department might not be a priority."

Magnant said McQuate was first suspended with pay for an unspecified period "pending the outcome of the investigation." The chief called the paid suspension "customary in serious internal investigation."

An unpaid suspension followed, according to the chief, who said the Herald's prior report that it was a three-day unpaid suspension is incorrect, though he declined the opportunity to correct the record.

"I'm informed that I am not allowed to release information contained in personnel files," he said.

Suggesting a union "fight" might have ensued "if a more aggressive stance was taken" with regard to McQuate's behavior, the four female police employees wrote to the chief that they "hope that the administration and police commission would have readily stood up and chosen to take on the fight to ensure that women in law enforcement are treated respectfully."

A notation indicates that Deputy Police Chief Len DiSesa and the city's board of police commissioners were copied.

"It is my hope to have them understand the constraints of the disciplinary system," said the police chief. "We're trying to be sensitive to the victim as well."

On May 16 the police commission voted unanimously to grant McQuate's permanent lieutenant status, following a one-year probationary period.

Police Capt. Janet Champlin is named as one of the intermediaries the women cited as preferring to communicate through, rather than having direct contact with McQuate. The captain told the Herald Friday she had no comment about the incident or resulting repercussions except for the following: "It is unfortunate that the public may form an opinion about the entire police department from one news story," said Champlin "It takes away from all of the good work that the men and women of the police department do every day."

Retrieved June 23, 2007 from http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20070623/NEWS/706230330

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RELATED FOLLOW-UP STORY

Commission: Lt. suspended for groping officer

By Elizabeth Dinan, edinan@seacoastonline.com. 06/22/07

Portsmouth — A 25-year veteran of the Police Department was suspended for three days without pay as punishment for grabbing a female officer's breast while both were attending National Police Week in Washington, D.C., in May. Police Commission Chairman Jack Kelly said Lt. Rodney McQuate was suspended "after the matter was looked into carefully by all concerned."

Kelly said the decision to reprimand McQuate with a three-day suspension was made by Police Chief Michael Magnant, who could not be reached for comment. "It's his call," said Kelly. The police commission chairman said the incident had "something to do with booze" while McQuate and members of the police department were in Washington May 13-16 attending the national event, which is publicized as a solemn gathering to honor fallen officers.

Deputy Police Chief Len DiSesa said "any allegation of sexual harassment is taken seriously and investigated thoroughly." The deputy chief said the discipline was appropriate and "the matter is closed." "Our policy is very thorough and it comes from the top. This is not a wink-and-a-nod policy," said DiSesa. "We have eight women working in the department, and they are equal to the men."

The police patrolman's union vice president, Mark Newport, said the union has no official comment on the matter "at this time, due to ongoing internal meetings." Union secretary/treasurer Steve Arnold told the Herald that, at the request of female members, he would "refrain from commenting at this time." "The female members of our union are trying to obtain answers to many questions through the police administration concerning the severity of the discipline," said Arnold.

McQuate was promoted to lieutenant in May 2006 by unanimous vote of the Police Commission. From 1988 to 1990, he was part of the detectives division and returned to detectives shortly before his promotion. He has served as senior training officer for new officers, team leader of the accident reconstruction team, founding member of the police Honor Guard and head of the motorcycle unit.

Retrieved June 23, 2007 from http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20070622/NEWS/706220467

Posted by Dr. Kardasz at 08:29 PM | Permalink

Firms That Hired Officers for Security Are Subpoenaed

By Ernesto Londono, Washington Post Staff Writer. 06/24/07

Montgomery County prosecutors have subpoenaed several companies that employ police officers as the county widens its criminal investigation into allegations that some officers allowed their county and off-duty security work shifts to overlap, according to sources familiar with the probe.

The subpoenas for payroll records broadened the scope of the inquiry beyond Grady Management Inc., the Silver Spring real estate company that alerted the county police department to the alleged double-dipping, according to a law enforcement source and others with knowledge of the case. They spoke on condition of anonymity because the investigation is continuing.

Nine officers were suspended with pay in May in connection with the investigation. Payroll records of an officer who recently retired and a handful of other officers who also worked for Grady but have not been suspended also have come under scrutiny.

The probe began this spring shortly after officer Victor Valerio lost his part-time job with Grady. After his departure, Grady officials contacted the police department to report their suspicion that some officers were double-dipping, which prompted a review of payroll records.

In some of the most flagrant cases, investigators looking at two years of payroll records found discrepancies totaling between $15,000 and $20,000, the sources said.

It could not be determined how many subpoenas have been issued to private companies where officers work or what period of time they cover.

The fallout from the case could be substantial for both the police department and that state's attorney's office, particularly if any officers are criminally charged. The investigation has left the Silver Spring police station, home to seven of the nine suspended officers, short-handed.

It could also imperil past and current prosecutions in which officers in the double-dipping investigation played key roles. In recent weeks, several defense attorneys have asked prosecutors whether any of the officers were involved in active cases. The names have not been disclosed, but defense attorneys have been told, on a case-by-case basis, whether any suspended officers played a major role in a case.

State's Attorney John McCarthy and Police Chief J. Thomas Manger have declined to discuss the investigation. But Manger said in a recent interview that the agencies are conducting a thorough probe, regardless of the potential problems for the department or the effect on its reputation.

"There is nobody who wants to sweep this under the rug," Manger said. "If we want to say with sincerity that we are an organization with integrity, the only way to do that is to take this investigation in any way the evidence goes."

Officers say one significant challenge investigators will probably face is the possibility that a large number of officers will come under scrutiny because of the department's practice of not formally recording compensatory time.

County officers routinely arrange to shave a few hours from their standard shifts when they have worked additional hours the previous day or have made other informal arrangements with supervisors. Permission to take comp time, which officers refer to as "book time," is frequently the result of an oral agreement and is not recorded.

A number of officers have been able to justify the overlap between their county and Grady shifts by explaining the "book time" arrangements they made with their supervisors, sources familiar with the case said.

Another investigative challenge is the sheer volume of part-time work records. Part-time jobs require the approval of the police chief and the county Ethics Commission, and permission is given either on a yearly or an indefinite basis. Ethics Commission officials approved more than 960 applications from officers to perform part-time jobs in the past three years.

Several have been authorized to work for numerous employers. In one extreme case, an officer was approved to work for more than 40 private employers during a four-year period, according to data compiled by the ethics group.

Part-time work by officers is common in the Washington area and nationally. Private security jobs, sometimes performed in uniform, are among the most coveted positions because they can pay up to $50 an hour. Some Montgomery officers say they couldn't comfortably raise a family in the community they serve on their government salary alone.

But the proliferation of part-time work by officers has raised concerns about perceived and actual conflicts of interest, particularly in cases where officers employ or recruit their colleagues for part-time jobs.

Retrieved June 23, 2007 from http://www.washingtonpost.com/wp-dyn/content/article/2007/06/23/AR2007062300609.html

Posted by Dr. Kardasz at 08:18 PM | Permalink

Ruling Suppresses Evidence In Drug Case

Associated Press. 06/21/07

Indianapolis -- Police officers violated a man's privacy rights when they grabbed him by the throat until he spit out a bag they suspected contained drugs, the Indiana Supreme Court ruled Thursday.

According to the court's ruling involving a case out of Marion County, officers stopped a driver in August 2005 for having an expired license plate and he was gagging after being ordered out of his car. When the man opened his mouth on command, offices noticed a clear plastic bag.

The man refused to spit it out, so an officer grabbed his throat and applied enough pressure to prevent the bag from being swallowed. After about 20 seconds, the man spit it out and he was subsequently charged with possession of cocaine.

The man claimed that his privacy rights had been violated and moved to have the bag and its contents excluded as evidence. The trial court denied the request but put the case on hold so the evidence motion could be considered by an appeals court. The Court of Appeals upheld the trial judge's ruling, but the state's high court did not.

The ruling cited a previous court decision that found a police choke-hold in a similar situation violated a person's bodily integrity, posed health and safety risks and was likely to incite violent resistance.

The state Supreme Court said the choke-hold in this case violated constitutional prohibitions against unreasonable search and seizure. It ordered the evidence to be suppressed and returned the case to the lower court for further proceedings.

Retrieved June 22, 2007 from http://www.theindychannel.com/news/13547662/detail.html?rss=ind&psp=news

Posted by Dr. Kardasz at 10:01 PM | Permalink

Rise in border graft feared - Some think 6,000 additional patrol agents will make corruption problem worse

From The Houston Chronicle (online). By James Pinkerton, 06/17/07.

Border Sheriff Sigifredo Gonzalez first noticed the curious behavior of a longtime deputy last spring.

The Zapata County lawman wasn't coming to work very often. Then, he began wearing expensive clothing. More strangely, the deputy was spotted a few times in his unmarked car in border areas where narcotics traffickers were under surveillance. On Tuesday, the sheriff's suspicions seemed to be confirmed when ex-deputy Manuel Martinez, 43, was arrested by FBI agents on charges of extorting more than $20,000 in bribes from drug traffickers. Martinez, who took office in January as a justice of the peace, is also charged with passing on bribes to a county official and a building code inspector.

A spate of recent high-profile arrests not only have given border law officers a black eye, they are worried that corruption of lawmen is on the rise. Heightening that concern is the looming arrival — and potentially more corruption — of thousands of new law enforcement personnel on the border. ''You see a lot more of (the corruption) than before," said Gonzalez, whose office assisted in the FBI investigation of the three officials. ''If you look at it real closely, as time goes by, I guess everybody's morals and ethics are eroding away."

The arrests of the former deputy and two other Zapata County officials came a day after three Texas National Guardsmen — assigned to help Border Patrol agents with immigration control — were charged with smuggling 24 illegal immigrants in a van leased to the guard.

Also on Monday, a veteran Border Patrol agent was sentenced to 16 months in jail for transporting 11 illegal immigrants he picked up outside Laredo last July. In March, a U.S. Customs inspector was sentenced to 14 years in prison for taking bribes to allow drugs across a border bridge.

These recent cases were not isolated. The inspector general's office of the Homeland Security Department reported last week that 282 employees of Customs and Border Protection stationed on the Southwest border have been investigated for corruption since fiscal year 2004. And 52 of those cases were investigated so far this year, compared with 66 in all of last year. There were 151 cases in Texas in that time.

The Bush administration last year stepped up recruitment efforts to boost the U.S. Border Patrol to 18,000 agents by December 2008, an increase of nearly 6,000 agents. On Thursday, President Bush called for $4.4 billion in immediate funding for border security proposed in the pending immigration bill. ''The graft and corruption will increase," said Robert Lee Maril, a sociologist who spent two years researching a book on Border Patrol operations in South Texas.

DHS spokesman Russ Knocke, though declining to comment on the Texas Guard and Border Patrol cases, said corruption in federal agencies is ''really quite rare." ''Even the finest law enforcement agency in the world is not immune to the potential bad apple," he said.

A fast-growing agency
Experts say that heightened border security has allowed human trafficking organizations to greatly increase their smuggling fees. The criminal cartels that control narcotics and human smuggling have ''astronomical" amounts of money to use on bribes, Maril said.

''They're tightening up the border, so the criminal organizations are finding it a little bit more difficult to get across," said Maril, who chairs the sociology department at East Carolina University in Greenville, N.C. ''So they're spending a little more to buy off Border Patrol agents and managers. It's just part of the overhead." Maril said the quick buildup in the agency may lead to further corruption. ''In this rush to graduate so many agents I think they have considerably lowered their standards, and I think that's going to come back to bite them," Maril said.

T.J. Bonner, head of the 11,000-member National Border Patrol union, predicts that stepped-up recruitment could result in less time to conduct thorough background investigations of new recruits. ''It's inevitable that we will see more of these cases, because the shortcuts are creating the perfect storm for corruption to flourish," said Bonner, a Border Patrol agent in San Diego. ''And from the standpoint of the men and women on the front lines — the overwhelming majority who are honest — it's a disaster because these corrupt individuals are our backup."

The impact of bribery
Knocke, the DHS spokesman, said the agency is on track to expand the current 13,500-agent Border Patrol force up to the 18,000 goal by late 2008.
''I can tell you we go to great lengths to ensure we are recruiting, hiring and training law enforcement professionals with the integrity and morality that Americans expect," Knocke said.

Don Clark, a security consultant who headed the Houston FBI office until 2000, said if the corruption isn't addressed now the problem will become more widespread. "Let's face it, these soldiers and Border Patrol agents, none of them get paid high-priced salaries," Clark said. ''Plus, they are waving money in their faces right and left." As an example, the U.S. Customs inspector who was sentenced in March pocketed $1 million in bribes.

Martinez, the ex-deputy, was jailed without bail until a June 20 detention hearing, U.S. court officials said. Attempts to contact his defense attorney were unsuccessful. Zapata County Judge Rosalva Guerra said Martinez was known in the small border community as a dedicated family man, as well as a veteran deputy before taking office as a justice of the peace. ''It was a sudden shock to all of us — we never expected this to happen," Guerra said.

Laredo defense lawyer Marcel Notzon, who is representing one of the Texas National Guard members charged with immigrant smuggling, said the chronic poverty along the border engenders corruption. ''In general, maybe it's because of the amount of money that's being offered, or that the economy is not as vibrant as it could be," he said.

New fear: infiltration
Notzon said his client, decorated Iraq war veteran Sgt. Julio Cesar Pacheco, will plead not guilty to federal charges that he was part of a ring that smuggled undocumented migrants from the border to San Antonio. ''I think the case was hastily put together," Notzon said.

Watching out for corruption is now part of the job description for federal law agencies, several officials said. ''We need to be ever vigilant on how smugglers will try and defeat any weakness in our defenses, including attempting to compromise law enforcement," said Alonzo Pena, who heads the U.S. Immigration and Customs Enforcement operations in Arizona.

The Zapata County sheriff fears cartel leaders are grooming members to join police agencies. ''The information we have is some of these cartels are trying to infiltrate local, state and federal law agencies on the border," Gonzalez said. ''They're trying to get some of their people to apply for jobs, so they will have control of operations on the border."

james.pinkerton@chron.com
Retrieved June 17, 2007 from http://www.chron.com/disp/story.mpl/metropolitan/4896091.html

Posted by Dr. Kardasz at 04:23 PM | Permalink

From The Washingtonpost.com. By Ruben Castaneda, Washington Post Staff Writer. 06/16/07

A Prince George's County prosecutor who questioned the truthfulness of a police officer in an attempted murder case has resigned after an internal investigation upheld the officer's veracity. The prosecutor, Nycole Grissett, told a judge in April that she did not believe key allegations about the weapons in a charging document sworn out by Pfc. Michael Soden, and the judge later dismissed the charges against the defendant.

The police union said this evidence photo shows that Pfc. Michael Soden was truthful when he alleged in a charging document that Darnell Williams attacked a man with a hammer and an eight-inch knife. Prosecutor Nycole Grissett said she did not believe Soden. The police union said this evidence photo shows that Pfc. Michael Soden was truthful when he alleged in a charging document that Darnell Williams attacked a man with a hammer and an eight-inch knife. Prosecutor Nycole Grissett said she did not believe Soden.Grissett said nothing to dispute Mooney's assertions, according to a court transcript.

When Circuit Court Judge Michael P. Whalen asked Grissett whether she believed that Williams had a hammer and a knife, she replied, "No," according to the transcript. She also pointed out that a fellow prosecutor who had once dated Soden had obtained a court order requiring Soden to stay away from her. The police union said this evidence photo shows that Pfc. Michael Soden was truthful when he alleged in a charging document that Darnell Williams attacked a man with a hammer and an eight-inch knife. Prosecutor Nycole Grissett said she did not believe Soden. The police union said this evidence photo shows that Pfc. Michael Soden was truthful when he alleged in a charging document that Darnell Williams attacked a man with a hammer and an eight-inch knife. Prosecutor Nycole Grissett said she did not believe Soden.

On May 3, a judge dismissed all charges against Williams at Grissett's request.

Alston alleged that Grissett questioned Soden's integrity because she is a friend of Assistant State's Attorney Renee Mortel. Mortel obtained the peace order against Soden on March 30. She alleged that Soden sent her harassing text messages after she broke up with him in February. In a court appearance that day, Soden denied harassing Mortel but agreed to stay away from her. Alston said there was no reason for Grissett to mention the peace order during a hearing in the attempted-murder case. Ivey agreed that the two issues are unrelated. Soden, who had been assigned to District 1 in Hyattsville as a patrol officer, is on administrative duty pending an internal investigation into the circumstances surrounding the peace order.

According to Alston, police also began an investigation into whether Soden made a false statement after The Post story on the attempted-murder case. At issue in the case was Soden's description of the weapons as an eight-inch knife and a five-pound hammer. The alleged victim later told prosecutors that the weapons were a stick and a pocketknife, and Grissett said in court that she did not believe Soden's charging document.

But after The Washington Post published a story about the case, the county police union provided The Post with a photograph of the hammer and knife that backed up Soden's description. State's Attorney Glenn F. Ivey then conducted an investigation into the way the case was handled.

This week Ivey said, "Any statement about Soden not being honest is not borne out by the evidence in that case." Grissett's resignation is effective July 5, said Ramon Korionoff, Ivey's spokesman. She did not respond to requests for comment relayed by friends and co-workers. When Grissett questioned Soden's integrity, she was not aware that the officer had confiscated the alleged weapons, which were being kept by the state as evidence, Ivey said. "My understanding is she had not seen the evidence," Ivey said.

Percy Alston, president of Fraternal Order of Police Lodge 89, the union that represents Soden and most county officers, and Carey J. Hansel, Soden's attorney, said Grissett's resignation vindicates Soden. Alston and Hansel said they think Grissett questioned Soden's veracity because she is friends with the prosecutor who obtained a peace order against Soden in an unrelated case.

In the attempted murder case, Soden swore out a statement of charges against Darnell E. Williams, 25, who was charged with attempted murder and first- and second-degree assault in an alleged attack in Hyattsville on Oct. 3.

In an April 10 pretrial hearing, Thomas C. Mooney, Williams's attorney, alleged to a Circuit Court judge during a bench conference that Soden lied in the statement of charges when he wrote that Williams had brandished a knife and a hammer. The state's key witness, the alleged victim, said he was hit by a stick, Mooney said.

Retrieved June 17, 2007 from http://www.washingtonpost.com/wp-dyn/content/article/2007/06/15/AR2007061502306_2.html

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Detroit News Online. 06/12/07. By Norman Sinclair

Prosecutor says one Detroit commander tampered with evidence after colleague crashed car.

A veteran Detroit police commander faces felony charges for allegedly trying to cover up evidence that a second commander might have been driving drunk when he wrecked an unmarked police car. Wayne County Prosecutor Kym L. Worthy on Monday charged Cmdr. John Autrey, 54, with misconduct in office, tampering with evidence and willful neglect of duty by a public officer in connection with the early-morning April 28 accident involving Cmdr. Todd Bettison, 30. Both executives are assigned to the Northeast District and are suspended with pay.

Neither officer could be reached for comment Monday. Bettison was charged with operating a vehicle under the influence of liquor and possession of a firearm while under the influence of liquor. He was off-duty and alone driving a department-issued car when he crashed into a utility pole on Hayes at Seymour. Bettison was injured and was taken to St. John Hospital. The prosecutor said Autrey visited Bettison in the hospital later that morning before going to the crash scene where he was observed picking up small wine bottles from around and inside the wrecked car and disposing of them.

"I have to ask myself would Cmdr. Autry have sat still if someone under his command had engaged in this type of behavior? I think not," Worthy said. "The day we knowingly allow a police official to tamper with evidence is the day we have compromised the integrity of the entire criminal justice system." Misconduct in office is a felony that carries a maximum penalty of five years in prison. Tampering with evidence is also a felony punishable by up to four years in prison. Willful neglect of duty by a public officer is a misdemeanor that carries one year in jail. The charges against Bettison are misdemeanors with penalties of 93 days in jail.

Bettison came under public scrutiny in 2005 when state elections officials said a Political Action Committee (PAC) he organized donated more than $25,000 to Mayor Kwame Kilpatrick's re-election campaign in violation of election rules. The contribution should have been $3,400 and the Kilpatrick re-election committee was ordered to return the excess money.

Both officers are expected to be arraigned on the charges Tuesday in 36th District Court in Detroit.

You can reach Norman Sinclair at (313) 222-2034 or nsinclair@detnews.com.

Retrieved June 12, 2007 from http://www.detnews.com/apps/pbcs.dll/article?AID=2007706120374&template=printart

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By: Jeffery Gold. 06/02/07. Associated Press

State Supreme Court Justice Roberto A. Rivera-Soto apologized yesterday for helping his teenage son in a dispute with a teammate, admitting that some of his actions created an "appearance of impropriety."

In a letter to a panel considering disciplinary action against him, Rivera-Soto said "that at no time did I intend to use my office to influence anyone" and was not interested in revenge for his son, who was involved in an incident with another teen on their high school football team.

"In hindsight, I realize that some of these actions have had the effect of creating the appearance of impropriety. Although I took those actions with innocent intent, I underestimated the capacity that my position has to influence others," wrote Rivera-Soto, the first Hispanic on the state's highest court.

He added that he should have "refrained" from such actions, which led to an ethics complaint against him _ only the second against a sitting justice since 1990.

"For my actions, and the effect they may have had, I am profoundly sorry," Rivera-Soto wrote to the Advisory Committee on Judicial Conduct, which issued the complaint May 11.

A message seeking comment yesteray from Rivera-Soto's lawyer, Bruce P. McMoran, was not immediately returned.

The ethics complaint charged that Rivera-Soto violated a court rule barring conduct "that brings the judicial office into disrepute," and three aspects of the Canons of the Code of Judicial Conduct, including one that "requires judges to avoid lending the prestige of their office to advance the private interests of others."

The alleged misconduct stemmed from a series of incidents last fall between Rivera-Soto's son, a sophomore, and a senior who was the captain of the Haddonfield Memorial High School team. The justice's son said the other teen harassed and struck him, according to the panel's complaint.

Rivera-Soto last month admitted that he spoke with school officials, the police chief, and court officials, but said he asked for no special treatment.
The justice signed a complaint of simple assault on behalf of his son against the other boy on Sept. 28. The matter was settled after a hearing before a state judge on Dec. 15, with agreement that the complaint would be dismissed if the teens had no further exchanges until June 19, according to the judicial panel.

In a formal response May 18 to the ethics complaint, Rivera-Soto denied misusing his position and urged the judicial conduct panel to recommend that his colleagues on the court dismiss the matter. Rivera-Soto "insisted at all times that (the) matter be treated in the ordinary course," according to that legal brief.

Yesterday Rivera-Soto waived a hearing before the committee to "prevent any further harm to the court's reputation."

In a joint filing with Rivera-Soto on Friday, the lawyer for the judicial conduct panel also agreed to have the committee make its recommendation to the Supreme Court without a hearing, which would have been public.

If the six other justices on the state's highest court substantiate the ethics complaint, they could remove Rivera-Soto from the bench or impose a lesser penalty, including a public reprimand, censure or suspension.

Rivera-Soto, 53, a Republican, was named to the court in 2004 by then-Gov. James E. McGreevey, a Democrat. The cross-party appointment came about because New Jersey governors have adhered to an informal understanding over the past six decades that no party would have more than four members on the court.

Rivera-Soto's term expires in 2011, after which he can be considered for tenure until mandatory retirement at age 70.

The Trentonian 2007
Retrieved June 3, 2007 from http://www.zwire.com/site/news.cfm?newsid=18417683&BRD=1697&PAG=461&dept_id=44551&rfi=6

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Suspension will be docking of vacation time; Bryan Smith back to work Monday
From KIII-TV3 web site. 06/01/07

There will be no change in leadership at the Corpus Christi Police Department.
41 days after Bryan Smith's late night encounter with a former girlfriend - an encounter that ended with her accusing him of rape, the word came down Friday that Smith will keep his job.

There will be a penalty though, a 20-day suspension, to be served by docking the time from his vacation allotment. It means Smith will be back at work Monday morning.

The sense from both Smith and City Manager Skip Noe - measures of relief. Relief that a 6-week long nightmare for Smith is now over, and that a difficult weeklong investigation for Noe has been completed as well.

"I share the disappointment of many that he could make such an error in judgement," Noe said. "In the end, we must all recognize that each one of us will make mistakes - and is human."

Smith later said, "There is no doubt that i used poor judgement in my personal life through my interaction with a former girlfriend. As a result, I embarrassed my fiancee, my family, my fellow police officers, and myself."

Disappointment, embarrassment, and regret, all reached to the core of the Smith scandal. But in the end, Now said, it was the facts of what happened that determined Friday's outcome.

"The chief was off duty , in his personal vehicle, was using a personal cell phone. we have no proof that he was operating it under the influence of alcohol."

But, Smith will face diciplinary action beyond just the suspension. He will have to submit to psychological evaluation and ongoing treatment, as well as random alcohol testing, to, in Noe's words, "ensure that similar behavior is not repeated."

Smith called the 6-week period between the accusation and Friday's announcement, "the most horrible time of my life.

And, to his detractors, who might say the penalties announced Friday were too light, Smith responded, "In the past 26 years, I have a spotless record with the city of Corpus Christi, and with the citizens of Corpus Christi. It think that speaks for itself."

"My place is to come in front of you and the citizens of Corpus Christi and say i'm sorry, and to stand up and say i'm sorry," Smith added, "as any good citizen would do. And admit when I'm wrong. and I was wrong."

As for what comes next, Noe said Friday, "We've got a lot of work to do. We've got serious issues in our community that need to be addressed. The chief has shown the ability to address those issues effectively. We don't have time to waste. We want to get back to business."

Smith added, "We're all impacted by the events of our lives. And this event has obviously affected my life."

As for why Smith stayed silent for more than a month during the investigations, he says it was to protect the integrity of the investigation, and the legal and administrative process. Adding, he's happy to follow through on the changes he's brought to the department over the last 10 months.

For more information, visit Bryan Smith Press Conference (3-News Live Coverage Friday).

Retrieved June 2, 2007 from http://www.kiiitv.com/news/local/7801041.html

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Released on personal bond, president of police union is accused of stealing from group and trust fund.

Iveory Perkins. The Detroit News. 05/24/07.

RIVER ROUGE -- The Police Department will investigate one of its own after charges were brought against an officer who is accused of stealing from the police union and a trust fund set up for the family of a deceased officer.

Cpl. Todd Taylor, 37, of Flat Rock, who is president of the police union, was charged with two counts of embezzlement and two counts of larceny by conversion for allegedly taking $750 from a union account. He is accused of trying to cover that action up by taking the same amount from the trust fund.

He faces up to one year in jail and/or a $1,000 fine for each misdemeanor count.

Taylor, who has served 12 years on the force, was suspended without pay.

Despite the charges, Police Chief Robert Alderman praised Taylor.

"He was a very good officer and a hard worker," Alderman said. "This was only a one-time thing and was an isolated incident."

"I am not sticking up for him, but I really can't say anything bad about him as a person."

Alderman said Taylor turned himself into the Michigan State Police on Monday after learning there was a warrant for his arrest. Taylor allegedly deposited a $750 check from the union into his personal account. When another officer noticed the money missing, Taylor allegedly transferred the same amount from a trust fund named for deceased officer Greg Lada, Alderman said.

Union representatives declined to comment on the matter because the case is under investigation.

Alderman said the department will conduct an internal investigation once the judicial process is complete.

The police chief said Taylor eventually paid back the money to the trust fund.

Taylor was released on a personal bond after being arraigned Tuesday in 26th District Court before Judge Raymond Charron. Charron recused himself from hearing the case, saying Taylor has appeared before him as an officer in other cases.

As of Wednesday, Taylor hadn't retained an attorney for his defense.

You can reach Iveory Perkins at (734) 462-2672 or iveory.perkins@detnews.com.

Retrieved May 29, 2007 from http://www.detnews.com/apps/pbcs.dll/article?AID=/20070524/METRO01/705240334

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By Celina Alvarado, Laredo Morning Times. 05/26/2007

A Laredo Police officer and his wife were arrested Friday, accused of stealing a neighbor's identity to obtain credit for purchasing tires and a tune-up. Police said the two turned themselves in Friday afternoon after learning they both had outstanding warrants for their arrest.

The 39-year-old Officer Ruben Nuñez, a 15-year-veteran of the Laredo Police Department, and his wife, identified as 29-year-old Monica Melissa Nuñez, were taken into police custody just before 3 p.m., and served with an outstanding warrant each for fraudulent use of identifying information, a state jail felony. The two were booked at the Laredo Police Department main station and later taken to Webb County Jail.

Justice of the Peace Oscar Liendo set their bond at $50,000 each. Nuñez and Nuñez, who share five children, bonded out of jail two hours later, at 5 p.m., jail officials said.

Officer Nuñez was immediately placed on administrative leave without pay, pending a court hearing.

Laredo Police spokeswoman Officer Lisa Ruiz said details surrounding the investigation could not be disclosed Friday.She added that "generally speaking" people who get arrested for fraudulent use of identifying information are people who forge signatures or use somebody's personal information - such as Social Security numbers, date of birth, driver's license numbers or any other identifying information assigned to someone by the federal government - for the purpose of obtaining credit.

A complaint made Tuesday by Nuñez's neighbor, Maria E. Moore, named Nuñez and his wife as primary suspects in a plot to use her personal information to obtain a credit card.

The complaint sparked both a criminal and administrative investigation, which was conducted by the Laredo Police Department's Crimes Against Property White Collar Crime Unit and the Office of Public Integrity.

The investigation found that Nuñez had obtained a Firestone credit card under Moore's name and had charged a tune-up, an oil change, brake service and four tires to the card, police said.

"The criminal investigation was presented to the Webb County's District Attorney's Office for review and was granted warrant approval," Ruiz said.
Both Nuñez and his wife turned themselves in to police. If convicted, each faces up to two years in prison and a $10,000 fine.

(Celina Alvarado may be reached at 728-2566 or celina@lmtonline.com)
Retrieved May 26, 2007 from http://www.zwire.com/site/news.cfm?newsid=18391369&BRD=2290&PAG=461&dept_id=569392&rfi=6

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By Adam Crowley. 05/24/07

May has been a rough month for embattled former Madison police officer Joseph Gambardella. Six months after he was arrested on larceny charges, the Madison Police Commission fired the 15-year department veteran on May 15.

Gambardella's termination came only a week after a Superior Court judge rejected his petition for a probation program that would have allowed him to avoid jail time.

During its hearings, the Police Commission found Gambardella guilty of 15 charges including lack of truthfulness, conduct unbecoming an officer, and falsifying records.

Police Commission Chairman Emile Geisenheimer said measures were taken to ensure fairness to Gambardella.

“In conducting this process, the Police Commission was mindful of the rights of Officer Gambardella to due process,” Geisenheimer said in a statement. “Officer Gambardella was provided a full opportunity to answer the charges against him and present evidence and witnesses on is behalf. While the need to terminate Officer Gambardella is unfortunate, the need of the citizens of Madison to rely upon the integrity and honesty of its police officers is of paramount importance.”

Gambardella declined to comment on the commission's decision.

Gambardella still faces three felony charges of third degree larceny and two misdemeanor counts of fifth degree larceny stemming from incidents at Lenny & Joe's Fish Tale and Beebe Marine. He was arrested in December after video footage at the restaurant allegedly showed him stealing $900 worth of seafood. No additional information is available on the charges from Beebe Marine.

Gambardella applied for accelerated rehabilitation, a special program for first time offenders that allows for charges to be dropped if no violations occur during a probationary period. Madison Police Chief Paul Jakubson objected to the request and it was denied by Superior Court Judge Philip Scarpellino in early May.

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Will new narcotics unit rebuild public's trust?

By Bill Torpy, The Atlanta Journal-Constitution, 05/23/07

Atlanta Police Chief Richard Pennington will replace the embattled narcotics squad, aiming to regain public trust a month after two squad members pleaded guilty to killing 92-year-old Kathryn Johnston in a botched raid.

"With new initiatives on the way to help restore confidence in the unit, we felt it important to start anew," Pennington said at an afternoon news conference, reading from a prepared statement.

He's put 14 new investigators and three sergeants in the narcotics unit, with plans to have a staff of 30 by year's end. The current members of the unit are being reassigned to unspecified jobs.

The changes are part of wide-ranging staffing shifts within the department involving 140 officers. Lt. William Trivelpiece, who has worked in the Office of Professional Standards and in the Major Crimes Unit, takes over narcotics from Lt. Stacie Gibbs, whose reassignment was not disclosed. Trivelpiece will be tasked with bettering the unit's training to include standards from the U.S. Drug Enforcement Agency and the FBI.

The chief said the changes in the unit "should in no way reflect upon the unit members who did their jobs with integrity and dedication."

But he added that a federal investigation is ongoing "and we don't know if anyone else in the unit is targeted."

The federal investigation, which started shortly after the fatal Nov. 21 drug raid in northwest Atlanta, found that some narcotics officers routinely lied to get warrants to search homes and make drug cases. In the Johnston case, the officers had planted drugs on an alleged street dealer, who then told them that a kilo of cocaine was in her home. They, however, skipped the step of sending an informant to the home to verify the information.

Officers Gregg Junnier and Jason R. Smith pleaded guilty to voluntary manslaughter and federal counts of violating Johnston's civil rights.

Federal investigators later said some drug cops told them they cut corners to meet performance standards on making arrests, set for them by top brass. Critics have long said the department employs arrest and warrant quotas to motivate officers.

Asked about any performance standards Tuesday, Pennington said, "We want them to go out and enforce narcotics laws."

The chief said the new narcotics officers will be rotated off the unit in two or three years. This is in addition to a stiffer supervisory review of search warrants, which was announced two months ago.

Police union president Scott Kreher criticized the wholesale change in the narcotics unit.He said the unit will now be filled with officers not necessarily experienced in the often volatile world of street dealers. "It'll take years to get that unit up to speed."

The Rev. Markel Hutchins, who has represented Johnston's family, said Pennington's moves were a "step in the right direction, but a baby step."

Pennington said Tuesday that about two-thirds of the force had less than five years' experience.

Another notable change is the shift of Maj. Welcome Harris from overseeing the Office of Professional Standards, which investigates complaints about officers, to the major-crimes unit.

While operating the office charged with enforcing the ethical standards of police officers, Harris and three of his officers were found to have submitted nearly identical reports to justify their perk of getting city-paid, take-home cars.

Deputy Chief Carlos Banda said he saw a pattern in the reporting of what days the cars were needed when he was reviewing the take-home policy. "I got a list of take-home cars and noticed there was a problem where all were the same."

Banda said he discussed the issue with Harris, and he also alerted Pennington's top aide. Banda said he doesn't know whether the chief was informed.No other action was taken, though Pennington has vowed to fire any officer caught lying. "For the most part, we don't know if it was intentional or unintentional, " Banda said. "But we put them on notice these forms have to be done correctly. Bottom line was, a lot of times these forms had been done [this way] year after year and people got into the habit."
 
Retrieved May 23, 2007 from http://www.ajc.com/services/content/metro/stories/2007/05/23/metapd0523a.html

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(AP) - A state panel on judicial conduct on Friday filed an ethics complaint
against New Jersey Supreme Court Justice Roberto Rivera-Soto, charging that he improperly allowed the "power and prestige" of his position to help his son in a dispute with another teen on their high school football team.

If the six other justices on the state's highest court substantiate the complaint, they
could remove Rivera-Soto from the bench or impose a lesser penalty, including a public reprimand, censure or suspension.

Rivera-Soto, the first Hispanic on the state Supreme Court, denies any wrongdoing, said his lawyer, Bruce P. McMoran.

"He acted as a father would act, and we don't think he did anything wrong," McMoran said.

The complaint charged that Rivera-Soto violated a court rule barring conduct "that brings the judicial office into disrepute," and three aspects of the Canons of the Code of Judicial Conduct, including one that "requires judges to avoid lending the prestige of their office to advance the private interests of others."

McMoran said Rivera-Soto plans to file a response to the complaint after receiving
evidence from the Advisory Committee on Judicial Conduct, which issued the complaint.

That committee could then hold a hearing before sending its findings to the Supreme Court, which could also decide to hear oral arguments.

The alleged misconduct stemmed from a series of incidents last fall between Rivera-Soto's son, a sophomore, and a senior who was the captain of the Haddonfield Memorial High School team. The justice's son said the other teen harassed or struck him, according to the complaint.

The school warned the other teen but took no other action. Rivera-Soto spoke several times to school officials, once telling the team coach that in his field "he is called upon to make 'critical assessments' based upon 'who has more to lose,' "the complaint said.

On Sept. 28, Rivera-Soto's son had his mouth hurt during practice when he and the other teen butted heads. The vice principal determined the incident was an accident. Rivera-Soto told the vice principal he was dissatisfied with how the official handled the matter and if no action were taken he would get state police involved and file a complaint.

That evening, Rivera-Soto called Haddonfield Police Chief Richard Tsonis on the chief's cell phone and said no one at the school was doing anything about an assault on his son. When a detective came to Rivera-Soto's home that night, the justice gave him his business card that named his office. The justice signed an assault complaint against the senior at police headquarters, the complaint said.

The next morning, Rivera-Soto alluded to his post during a call to School Superintendent Joseph O'Brien. The justice also spoke to the ranking judge at the Camden County Courthouse, Superior Court Judge Francis J. Orlando, and asked that the matter be treated no differently than any other, the complaint said.

Rivera-Soto made the same request of Camden County Acting Prosecutor James P. Lynch that day, but also "asked the prosecutor to make certain that his complaint received attention," the complaint said.

In November, the justice complained to several court officials when he and his son arrived for a hearing but found it had been postponed. The matter was settled after a hearing Dec. 15, with agreement that the complaint would be dismissed if the teens had no further exchanges until June 19. The school agreed to prevent future "verbal and physical interactions," the complaint said.

By alluding to his judicial position, Rivera-Soto "used or allowed the power and prestige of his office ... to influence or advance the private interests of his family and his son," the judicial conduct panel found.

The complaint does not specify who brought the matter to the attention of the judicial conduct panel.

Retrieved May 13, 2007 from  http://www.c-n.com/apps/pbcs.dll/article?AID=/20070511/FRONT01/70511022

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05/10/07, By Jennifer Dixon, Detroit Free Press Staff Writer

Dearborn police declined to pursue criminal charges against an officer last year, even after the cop admitted to taking marijuana from criminal suspects and, with his wife, cooking it up in brownies. Then-Cpl. Edward Sanchez was allowed to resign from the department, but he was not charged with a crime. He declined to comment Wednesday.

His wife, Stacy Sanchez, admitted to police investigators that on another occasion she removed cocaine from her husband's police cruiser -- drugs purportedly earmarked to train police dogs -- and used it during a three-week binge. She, too, has not been charged criminally. Dearborn Police Cmdr. Jeff Geisinger left a phone message with Free Press reporting partner WDIV-TV Local 4 saying Sanchez resigned during an internal investigation. Geisinger did not return subsequent calls asking why Sanchez was not prosecuted.

The decision not to charge Sanchez upset Dearborn Councilman Doug Thomas, who said the department's inaction sends the wrong message to the public."If you're a cop and you're arresting people and you're confiscating the marijuana and keeping it yourself, that's bad. That's real bad. That's like apprehending a bank robber and keeping some of the money for yourself."He promised to investigate. "It doesn't add up here," Thomas said. "If he was allowed to resign with no action, he can apply for another police position. There's all kinds of ramifications."

The department's investigation began with a bizarre 911 call from Sanchez's home in Dearborn Heights. On the night of April 21, 2006, a panicky Sanchez told an emergency dispatcher he thought he and his wife were overdosing on marijuana. "I think we're dying," he said in the 5-minute tape, obtained under the Michigan Freedom of Information Act. "We made brownies and I think we're dead, I really do," Sanchez continued. He told the dispatcher he had never made marijuana brownies before, but had previously used marijuana. Then, he asked the score of the Red Wings game on television that night, explaining, "I just want to make sure this isn't some type of, like, hallucination that I'm having."

When later questioned by police investigators, Sanchez said his wife took the marijuana out of his police vehicle while he was sleeping, and she told investigators she tricked him into eating a pot-laced brownie. "Cpl. Sanchez was insistent that he would never ingest marijuana or any narcotics intentionally," an investigator wrote.

But in a subsequent interview, Sanchez acknowledged he fetched the marijuana from his car, put it in the brownie batter, and ate the brownies.Sanchez also said he took the marijuana "off the street from unknown persons," investigators wrote. "I questioned him in detail about how many times and what types of narcotics he seized without arrest," the report said. "He was adamant that he only seized marijuana, and it was on a few occasions. Cpl. Sanchez stated that it had been over a year since he seized this marijuana and that the marijuana was taken to train his K-9," or drug-sniffing dog.

Wayne State University criminal law professor David A. Moran said Sanchez's behavior was problematic -- as was the Police Department's decision not to charge him. "An officer has a duty to enforce the law and if an officer finds someone in possession of illegal narcotics, he has a duty to seize the narcotics, arrest the persons ... and properly dispose of the contraband if no charges end up being filed," Moran said.Moran said it is a criminal offense in Michigan for officers to fail to perform their duties. "It is not as unusual as it should be for the police to look the other way when an officer commits an infraction, but this is a lot worse than the average police officer speeding a little bit," Moran said.

Contact JENNIFER DIXON at 313-223-4410 or jbdixon@freepress.com.
Retrieved May 10, 2007 from http://www.freep.com/apps/pbcs.dll/article?AID=/20070510/NEWS02/705100450/1004&template=printart

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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 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

Posted by Dr. Kardasz at 08:48 PM | Permalink

Posted by Dr. Kardasz at 03:48 AM | Permalink

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

Posted by Dr. Kardasz at 01:08 PM | Permalink

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/

Posted by Dr. Kardasz at 12:56 PM | Permalink

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

Posted by Dr. Kardasz at 04:06 AM | Permalink

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

Posted by Dr. Kardasz at 04:03 AM | Permalink

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.

Posted by Dr. Kardasz at 11:48 PM | Permalink

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?

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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

Posted by Dr. Kardasz at 10:25 PM | Permalink

Posted by Dr. Kardasz at 04:00 PM | Permalink

Posted by Dr. Kardasz at 03:59 PM | Permalink

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 the matter, though it is believed to be connected with Peck's alleged misconduct surrounding the letter.

Sgt. Kenneth Ferrante, president of the Hoboken Police Superior Officers Association (P.S.O.A.), which represents all police officers in the city above the rank of sergeant, said. "The matter is currently open to appeal and due to New Jersey State by-laws, we are prohibited from disclosing private union matters." The last time a police officer was removed from the union was in the early nineties.

According to another police source, only four of the 50 plus members in the P.S.O.A. voted in favor of keeping Peck in the union with the remainder endorsing his removal.

Peck plans to fight the union's decision according to Elston, who said the decision will "certainly be overturned."

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Sidebar
Another member of the Hoboken Police Department, Sgt. Mark Competello, is also suing the city for what he claims to be misconduct on the part of city officials involving the rental of the current Hoboken Mounted Police Horse Barn at 611-619 Newark St.

According to the complaint, which was sent to the office of the New Jersey Attorney General on Feb. 26, Mayor David Roberts, Corporation Counsel Joseph Sherman and Assistant City Attorney Vincent Lapaglia are named as taking part in a business transaction in which the city allegedly paid $3,000 per month for a plot of land to temporarily house the mounted unit's horses, after they had been evicted from their prior location at the site of the former Maxwell Coffee Factory.

The complaint alleges that the city paid Lapaglia, who is allegedly an owner of the property, in the contract mentioned above, there by amounting to a conflict of interest and an ethics violation. Sherman refused to comment on the matter at this time.

Michael Mullins can be reached at mmullins@hudsonreporter.com.
The Hudson Reporter 2007
Retrieved March 31, 2007 from http://www.hudsonreporter.com/site/news.cfm?newsid=18090423&BRD=1291&PAG=461&dept_id=523585&rfi=6

Posted by Dr. Kardasz at 03:57 PM | Permalink

Posted by Dr. Kardasz at 03:55 PM | Permalink

Film security details being investigated

03/30/07, By Brendan McCarthy, Staff writer

New Orleans police officials have reassigned a high-ranking veteran and launched an investigation into several other officers in connection with payroll issues regarding off-duty details, a department spokesman said. Capt. Joe Waguespack Sr., the former head of the Homicide Division and most recently the head of a juvenile crime division, was reassigned to a communications office desk job earlier this week, said Deputy Chief Marlon Defillo, head of the Public Integrity Bureau.

Defillo said his office is investigating criminal charges of malfeasance and payroll fraud. At issue is the work of Waguespack and others working off-duty security details for the film "The Curious Case of Benjamin Button," a movie starring Brad Pitt that is being shot locally.

Waguespack, a veteran of three decades, was in charge of overseeing the details for several months, according to Defillo. Waguespack's attorney, Frank DeSalvo, said he is confident Waguespack will be cleared. "I'm convinced that there is no criminality or payroll fraud here," DeSalvo said. "He worked for every hour in which he got paid for by the city."

Investigators are looking into whether Waguespack and others were working details while on the clock for the NOPD, Defillo said.

A complaint prompted the Public Integrity Bureau, the office responsible for investigating complaints against police officers, to examine the payroll matter. The bureau now is cross-checking months worth of time sheets and detail logs, Defillo said. "We are in the early stages of the investigation, and we are sifting through a tremendous amount of documents," he said. "The investigation is ongoing."

The internal inquiry comes amid a rocky week for the NOPD. Officials announced Wednesday that two officers had been fired, and another suspended for 100 days, for their roles in two unrelated incidents. In one case, a uniformed officer allegedly hit a handcuffed man and lied during an ensuing investigation. In the other incident, an off-duty officer allegedly beat a man in a bar fight, and his supervisor interceded in the follow-up investigation.

Staff writer Walt Philbin contributed to this report.
Brendan McCarthy can be reached at bmccarthy@timespicayune.com or (504) 826-3301.

Retrieved March 30, 2007 from http://www.nola.com/news/t-p/metro/index.ssf?/base/news-20/1175233335128610.xml&coll=1

Posted by Dr. Kardasz at 11:09 PM | Permalink

03/30/07, from WDSU TheNewOrleansChannel.com.

NOPD Subjects Officers To Integrity Checks

During the fever pitch of Mardi Gras, as New Orleans police officers watched the crowds, another arm of the department was watching the officers: The Public Integrity Bureau was setting up stings that only a dishonest cop would fall for.

"During Mardi Gras, we ran 101 integrity checks, and some of those things go from giving an officer a wallet full of money, sending them to a scene where you have a house with drugs in it and money, weapons -- and we're very happy to say during Mardi Gras, every officer did in fact pass these integrity checks," Police Superintendent Warren Riley said. He told WDSU NewsChannel 6 that another officer was targeted in the French Quarter just before Mardi Gras.

"We had information that Hispanic males were being robbed or money taken from them, and we ran an integrity check on an officer four times," Riley said. "The first three times he didn't do anything. On the fourth time, he in fact took half that person's money. He was booked and terminated."

According to the chief, integrity checks are intense, with some officers being checked as many as six times a month. Those who pass get a letter of congratulations; those who do not get fired.

"It only takes a handful to ruin this department. One of the things I want more than anything is for the public to have confidence in this police department," Riley said.

Retrieved March 30, 2007 from http://news.yahoo.com/s/wdsu/20070330/lo_wdsu/11442122&printer=1;_ylt=Am9JHL71vnamjYT4sNYR1m5F7xsC

Posted by Dr. Kardasz at 11:04 PM | Permalink

Posted by Dr. Kardasz at 10:59 PM | Permalink

Allegedly stole cocaine, methamphetamine from evidence locker

03/30/07, By Susan Kaufman, The Register-Mail

A 23-year former lieutenant with the Galesburg Police Department was charged with official misconduct and two drug charges Thursday afternoon. David W. Hendricks, 48, turned himself in at the Knox County jail at 2:14 p.m. after a warrant was issued.

Jail booking sheets detail one drug charge as possession of over 15 grams of cocaine, a Class 1 felony punishable by four to 15 years in prison. The second drug charge is possession of less than 15 grams of cocaine, a Class 2 felony punishable by one to three years in prison.

The official misconduct charge carries a sentence of two to five years in prison. According to court files, the official misconduct charge accuses Hendricks of committing theft of cocaine and methamphetamine from the police department evidence vault. Hendricks was put on paid administrative leave in late September, then resigned from the department on Dec. 22, 2006.

A three-month investigation in-to Hendricks conducted by the Illinois State Police was turned over to a special prosecutor in January 2007. Police Chief David Christensen said although the investigation took time, he is satisfied with the outcome. "The investigation was handled properly and done by the numbers," Christensen said. Christensen said he could not comment on the department's past or current procedures of checking in narcotics to the evidence locker due to the ongoing criminal case but said this was an isolated occurrence. "I believe in the integrity of our evidence room," Christensen said. "He (Hendricks) took advantage of his position."

Christensen said Hendricks' pension status is dependent on the outcome of the criminal case. "There are rules in place for employees convicted of certain charges," Christensen said. "His pension status is out of our hands at this point."

According to Knox County jail officials, Hendricks arrived at the jail with a lawyer and was freed after he posted 10 percent of a $15,000 bond. Hendricks is scheduled to make his first court appearance at 9 a.m. April 30.

Retrieved March 30, 2007 from http://www.register-mail.com/stories/033007/MAI_BCPUP9QM.GID.shtml

Posted by Dr. Kardasz at 10:54 PM | Permalink

By Bill Bryan, St. Louis Post-Dispatch, 03/30/07

Police Chief Joe Mokwa vowed Thursday to probe rumors that high-ranking officers might have used World Series tickets seized from scalpers, and said the inquiry will look at other sporting events too. "I'm adamant that I'll protect the integrity of the department," Mokwa told the Post-Dispatch. "I will follow any innuendo or accusation, even communicated gossip."

The chief said some scalpers alleged improper conduct by police regarding tickets at sporting events besides last October's World Series, but he was not specific.

Rumors about who used the tickets began circulating after the newspaper reported that internal affairs officers were investigating allegations that eight undercover vice-narcotics detectives kept some 30 tickets — out of more than 100 seized.

Since tickets are now scanned at Busch Stadium and not torn in half, it was possible to use them without visible change and file them as evidence after the games. A complaint by a scalper who claimed to have overheard officers talking about using confiscated tickets set off an investigation.

It is a violation of St. Louis ordinance to resell tickets at more than face value. Mokwa said all eight officers accused in the scheme will be questioned a second time.

Police sources say the eight already gave sworn statements that tickets went to friends and family but not to anyone in the department. There are no allegations that any officer resold a seized ticket, the sources said.

Internal affairs has received at least one photograph allegedly showing a person sitting in a seat for which the ticket had been seized, officials said.

Chris Goodson, president of the police board, agreed that the department's integrity is as stake. "It's always at stake," he said Thursday. "I think it's too early to say that it has taken a hit. That's  why it's so important that we demand and expect the chief to do a full investigation."

Mokwa said the findings might be sent to Circuit Attorney Jennifer Joyce as early as next week, for consideration of criminal charges.

bbryan@post-dispatch.com | 314-340-8950

Retrieved March30, 2007 from http://www.stltoday.com/stltoday/emaf.nsf/Popup?ReadForm&db=stltoday%5Cnews%5Cstories.nsf&docid=F28EB0A33E6AE90E862572AE00100AEA

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By Howie Padilla, 03/09/07

In a letter about an unresolved 1981 homicide case, the former St. Paul police chief delivers scathing criticisms of Ramsey County Sheriff Bob Fletcher.

Finney says he'll cooperate but not with sheriff. In a defiant letter laced with accusations of misconduct, former St. Paul Police Chief Bill Finney told Ramsey County Sheriff Bob Fletcher that he has no problems cooperating with an investigation of a 1981 death. He just won’t be cooperating with Fletcher’s investigators.

“I cannot in good conscience work with your office because I believe you lack the integrity, professionalism and ethical conduct required of a Minnesota county sheriff,” Finney wrote Fletcher, in a letter delivered Friday.

Finney wrote the letter in response to repeated requests by Fletcher — the latest on Monday — that the former police chief agree to be interviewed as part of the Barbara Winn death investigation.

Winn, a 35-year-old Maple­wood mother, was shot to death in 1981 after a domestic dispute with her boyfriend. He was arrested but never charged, despite investigations in 1981 and again in 2002.

Finney, who was a St. Paul police sergeant at the time of the shooting, was an acquaintance of both Winn and her boyfriend.

In an interview, Finney said that he looks forward to the day when Anoka County prosecutors decide whether or not to pursue charges in the case. He said that he would never have protected Winn’s boyfriend.

“If they would have charged him in either of the last times, I would have been the one to take him to jail,” he said.

Finney, who challenged Fletcher for sheriff in the November election and narrowly lost, reiterated his belief in his three-page letter that Fletcher’s renewed interest in the Winn case last year was a political ploy intended to defame him.

Finney accused Fletcher of “bullying” and using the Winn investigation to divert attention from recent revelations about his own department, including an ongoing FBI probe into the actions of Mark Naylon, the sheriff’s public information officer.

Fletcher said that he was surprised by the letter’s tone, calling it “a campaign letter that’s six months too late.” But he said that he let Anoka authorities know of Finney’s willingness to cooperate with them.

Anoka County prosecutors, who were asked to review the case during the election to avoid a conflict of interest, said it will be at least three weeks before a decision on what, if any, charges should be brought against Winn’s boyfriend.

Patty Bruce, Winn’s sister-in-law, said that she is angry that the death has been made a political issue. She said that Winn’s relatives are “cautiously optimistic” that prosecutors will charge the boyfriend in connection with the shooting. “The hardest part is the waiting,” she said.

Howie Padilla - 651-298-1551

Retrieved March 10, 2007 fromhttp://www.startribune.com/462/story/1044667.html

Posted by Dr. Kardasz at 08:35 PM | Permalink

by Brian Witte, Associated Press,03/09/07

Annapolis, Maryland - The Maryland State Police will ask for a federal review into the violent crime cases examined by a forensic scientist who committed suicide after learning questions were being raised about his credentials, which he lied about, the head of the state police said Thursday.

Col. Thomas Hutchins, the superintendent of the state police, said he will ask the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives to look into the cases handled by Joseph Kopera, 61, who had been working for the state police since 1991. An internal review by the state police has begun.

Hutchins said he wasn't making any assumptions that investigations had been mishandled. Kopera testified in state courts in all 24 Maryland jurisdictions, Hutchins said. Kopera also testified in federal courts, as well as the states of Delaware, Virginia and Pennsylvania.

''We are conducting a very in-depth review and examination to determine how many cases he may have handled, how many cases he may have testified on,'' Hutchins said at an afternoon news conference.

Kopera, who worked for 21 years as a civilian employee in the Baltimore Police Department's crime laboratory, had been questioned by representatives of the Office of the Public Defender about his credentials, Hutchins said. Kopera shot himself on March 1, the day he was to retire.

An internal audit is being done to review and validate the curriculum vitae of all employees who conduct forensic science work in the lab, including 40 forensic scientists and 16 crime scene technicians, Hutchins said.

''This investigation is of the highest priority,'' Hutchins said. ''The integrity of the forensic science laboratory and the Maryland State Police is of the utmost importance. The citizens we serve need to trust law enforcement.''

''I think it's a natural progression to determine how many cases he did handle, how many cases where he testified,'' Hutchins said. ''I think the state's attorneys from those jurisdictions ... may ask that same question.''

Kopera, who was involved in examining crime scene evidence, was a firearms and toolmarks examiner. He became the supervisor of the firearms and toolmarks unit in 2000. He also supervised the Integrated Ballistics Identification System, in which data from shell casings from all new regulated firearms sold in Maryland are kept in a database for comparison with casings found at crime scenes.

Hutchins said he sent notification to the state's attorneys in each of Maryland's 24 jurisdictions about the investigation. The Office of the Public Defender and the attorney general's office also have been notified.

The Baltimore state's attorney's office is reviewing the matter internally but so far, it looks like Kopera was involved in ''very few active cases,'' according to Margaret Burns, a spokeswoman for the office. Post-conviction matters would be reviewed on a case-by-case basis, and because of this, it would be ''imposible to gauge'' how many convictions could be affected by the situation, she said.

Kopera claimed to have degrees from the Rochester Institute of Technology and the University of Maryland; he had neither. Hutchins said it was believed he testified under oath that he possessed the degrees he did not have.

Hutchins also said he has notified the American Society of Crime Laboratory Director's Laboratory Accreditation Board, a national organization that accredited the Maryland State Police Forensic Science Laboratory in 2000. The organization reaccredited the lab in 2005.

Associated Press Writer Kristen Wyatt contributed to this report.

Retrieved March 9, 2007 from http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20070309/NEWS/70309009

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Dr. Kardasz: It is a brave officer who can arrest the person who is scheduled to become his police chief.

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Wall, New Jersey - Officer's arrest in DWI case detailed

Choice for chief angry at arrest

Asbury Park Press, 02/1/07, By Alex Biese, Coastal Monmouth Bureau

Wall, New Jersey — Bernard Sullivan, the township police captain who was to take over the position of chief today, expressed outrage and disbelief after being pulled over and arrested on a charge of driving while intoxicated early Saturday morning, according to a police report obtained Wednesday. Sullivan, 41, of Belmar Boulevard, was stopped while traveling west on that road at 12:03 a.m. Saturday by Wall Patrolman Todd Verrecchia, officials said.

During an emergency meeting Tuesday, the Township Committee voted to rescind a resolution naming Sullivan to replace retiring Chief Roy Hall.

The copy of the arrest report obtained by the Asbury Park Press on Wednesday had one page blanked out and did not contain the results of Sullivan's Breath-alyzer test. Police Capt. David Morris, who would not comment on the redacted page, and Mayor John Tobia referred all questions to Township Administrator Joseph Verruni, who could not be reached for comment Wednesday night.

The Press also sought copies and transcripts of police radio transmissions made during the arrest under the Open Public Records Act. Wall police said neither were available because the machine recording all police transmissions was in a room under construction that has been inaccessible for months. Reached at his home Wednesday, Sullivan, who joined the force in 1984, declined to comment, referring all questions to his attorney, James Fagen. Fagen, whose firm is in Freehold, could not be reached for comment.

In the police report, Verrecchia, who was traveling north on Route 35, wrote that he saw a car run a red light at the intersection of 16th Avenue and Route 35 and proceed across four lanes of Route 35 onto Belmar Boulevard, nearly causing a collision with another vehicle on Route 35. The motorist was driving on the wrong side of Belmar Boulevard, according to the report, and the patrolman pulled him over near Marconi Road.

Arrested close to home
"As I arrived at the driver's window, I immediately recognized the operator as Bernard Sullivan," Verrecchia wrote, adding that Sullivan "appeared to be angered" and was slurring his words. Verrecchia also "observed a strong odor of alcoholic beverage emitting from (Sullivan's) breath." When Verrecchia asked Sullivan to turn the car off, Sullivan replied, "Are you ——— kidding me?" When Verrecchia asked a second time, Sullivan said, "I live 200 yards up the road, you can follow me," according to the report. Sullivan got out of the car, but continued to ask Verrecchia to follow him home. Verrecchia wrote that he called for backup from a supervisor.

Several minutes later, Sgt. Frank Lancellotti arrived. As Verrecchia began to explain the first of several field sobriety tests to Sullivan, the captain asked Lancellotti, "Frank, what are we doing here?" according to the report. The tests administered by Verrecchia included having Sullivan follow the officer's finger with his eyes, stand on one leg, and walk and turn. In the report, Verrecchia described Sullivan as having difficulty with all three tests and saying, "I can't do this ——— test" after losing his balance during the walk and turn.

Sullivan was then placed under arrest on a charge of driving while intoxicated, his hands were handcuffed behind his back and he was placed in the back seat of Verrecchia's patrol car. Sullivan also was charged with reckless driving, disregard of marked lanes and failure to observe traffic. "You're ——— kidding me, right?" Sullivan said. "You want me to sit in the back of your patrol vehicle and you put handcuffs on me?"

While en route to Wall police headquarters on Allaire Road, Verrecchia noted that Sullivan made several statements that he found to be "disturbing," such as "you don't know what you're doing," a remark Verrecchia said he interpreted as a threat to his employment. At the police station, Sullivan was handcuffed to a bench in the processing room. According to the report, after being given a Breathalyzer test, Sullivan was advised of the results and said, "Oh, you're enjoying this. . . . You've got it all planned out."

Sullivan was later released. Earlier, he had called a friend to get a ride home, the report said.

Character witness
Wall resident Lynn Schindel said she has known Sullivan since he was 16. She described him as "an honest man with a lot of personal integrity." While she said she was not familiar with the details of Sullivan's arrest, she did speak of his character. "All I know is the type of person he is, and I think he's absolutely terrific," said Schindel, 63.

Sullivan will remain on administrative leave — suspension with pay — until the matter is resolved, Tobia said. Capt. Morris was to take temporary charge of the department today. "I have the utmost faith in him (Morris) assuming the responsibility (of day-to-day police operations)," said Tobia, who added Morris also joined the department in 1984 and is a graduate of the FBI Academy.

Frank Addonizio, a former mayor and township committeeman, said he was aware both Sullivan and Morris sought the position of chief, a selection ultimate-ly made by the governing body. "It's no question that the selection (of chief) was made politically," Addonizio said. "I think Captain Morris is outstanding, and I would like to say that (Captain) Sullivan had a good record in the Police Department for many years. But it also shows that the Wall Police Department is very professional," because the officer who stopped Sullivan did it in a professional way, he said. "The officer that pulled him over certainly showed a great deal of guts," he said.

Verruni has said police have reviewed the arrest, and their Quality Assurance Unit is making sure that everything was done properly. Morris will remain in charge of the department until the Township Committee meets to discuss what steps will be taken to fill the chief's position, Verruni said. The next meeting will be at 7 p.m. Wednesday at the municipal complex, 2700 Allaire Road.

This is not the first time that a drunken-driving arrest has troubled the department. In 1993, four Wall police officers were disciplined for their roles in a department cover-up in a case that led to the early retirement of then-Chief Robert B. Clawson. The disciplinary actions stemmed from a failed attempt to hide the drunken-driving arrest of Barry Jost of Neptune, a drinking companion of Clawson and the nephew of then-mayor Wesley W. Jost. The chief persuaded the arresting officer, Bernard Lynch, to destroy all records of the arrest, then reconsidered four days later and directed that Barry Jost be charged. Lynch informed the Monmouth County Prosecutor's Office of the cover-up after Clawson suggested Lynch perjure himself in court.

Retrieved February 2, 2007 fromhttp://www.app.com/apps/pbcs.dll/article?AID=/20070201/NEWS/702010405

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Last Update: Wednesday, January 31, 2007. 8:35am (AEDT)

Gangsters happier with 'jobs' than police

South Korean gangsters get more satisfaction from their line of work than the police, a report says.

The survey was conducted among 109 jailed mobsters by the Korean Institute of Criminal Justice, where 79.3 per cent of gangsters said they were somewhat or very satisfied with their life in organised crime.

About 65 per cent of police said they enjoyed their profession, a separate survey says.

South Korean gangsters make on average about $US4,255 a month, which is typically higher than the pay for police.

The criminal justice survey says crime syndicates in South Korea get most of their money through traditional methods such as extortion, prostitution and gambling.

-Reuters

Retrieved  January 30, 2007 from http://www.abc.net.au/news/newsitems/200701/s1836739.htm

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Journal Gazette Times Courier (on-line)

Associated Press - 01/25/07

Harvey, Ill. - State and Cook County officials have raided the police department of south suburban Harvey, armed with a subpoena to confiscate certain records.

The Illinois State Police Public Integrity Unit, Cook County sheriff's police and Cook County state's attorney's office participated in Wednesday's raid, authorities said. Officials did not specify what they confiscated.

In a written statement, Mayor Eric Kellogg acknowledged that investigators had been to the police station, and he vowed they would receive "full cooperation."

"As I've always stated, if there is any findings of misconduct of any of our officers or employees, I will push for the immediate termination of the individual or individuals involved," Kellogg wrote.

The raid comes months after a Harvey police detective was charged with official misconduct for allegedly smuggling a gun involved in a murder investigation out of the police department. That detective has since been fired.

After the allegations against the detective surfaced, the Harvey City Council passed a resolution seeking an investigation of the police department.

U.S. Rep. Jesse Jackson Jr., who also called for an investigation, applauded the raid.

"It's a sad day when police departments have to police other police departments, but in this case, I embrace and welcome it," Jackson in a statement. "The law-abiding citizens and officers who honor the badge need to be protected, while the officers who fail to honor it need to be exposed and prosecuted."

Retrieved January 25, 2007 from http://www.jg-tc.com/articles/2007/01/25/ap-state-il/d8msckt84.prt

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From click2houston.com

01/22/07

A veteran Houston police officer charged with taking a bribe during a traffic stop was released on bond after a court appearance on Monday, KPRC Local 2 reported.

Alfred Alaniz, 53, was arrested Friday and charged with felony bribery After, police said, he accepted a cash bribe during a traffic stop from an undercover officer. A complaint against Alaniz led the department to organize the internal sting, Assistant Chief Michael Dirden said.

"We do this to test the integrity of officers," Houston police spokesman John Cannon said. "It's just a matter of whether they take the bait."

According to affidavits the prosecutor read in court, the undercover officer told Alaniz that he did not want to go to jail. "How are we going to deal with this?" Alaniz said, according to the affidavit. The affidavit said the undercover officer asked if $200 would be enough. Alaniz told him to leave the money in the back seat, according to the affidavit. Prosecutors said Alaniz kept the money and turned the undercover officer free without writing him a ticket. Houston police arrested Alaniz about an hour later. They did not recover the bribery money, officials said.

"Certainly, we would have preferred for the money to have been recovered. But, I don't know that it's going to be a problem. He was with an undercover officer. He accepted money from him in exchange for not giving him a ticket or not taking him to jail. And that's the case regardless of whether the money was recovered," Assistant District Attorney Traci Bennett said.

Alaniz, a 20-year veteran of the department, also has a discipline record that is among the longest of all officers in the city, according to records obtained by the Houston Chronicle.

Alaniz was released on $10,000 bail and could not be reached for comment. He faces up to 20 years in prison if convicted. His next court date is Feb. 6.

Alaniz made $116,000 in overtime last year and another $88,000 in 2005, according to records the Houston Chronicle obtained under the Texas Information Act. He likely made much of the extra pay working nights and perhaps appearing in court during the day.

By comparison, Houston Mayor Bill White's salary in 2005 was $177,000. There were no allegations that Alaniz's overtime was related to Friday's arrest.

The department's internal affairs division has sustained 21 complaints against Alaniz since he started his career in 1986. Among the complaints are criminal activity, misconduct and loss of city property. Punishments Alaniz might have faced because of the investigations weren't immediately available.

An analysis by the newspaper found that Alaniz was among at least four Houston police officers who were paid more than $100,000 in overtime last year.

The Associated Press contributed to this report.

Retrieved January 22, 2007 from http://www.click2houston.com/news/10811746/detail.html

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Dr. Kardasz: Here is an unusual media report of misconduct that resulted in the firing and later reinstatement of an officer.

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Fired cop back on patrol after mediation

By Dave Shelton. Tampa Bay Newspapers. 01/04/07

Largo, Florida – Former Police Sgt. Joan Short, a 23-year veteran, returned to patrolling city streets Jan. 2, reinstated after having been fired a year ago over an off-duty birthday party in which she was allegedly sexually mistreated by other partiers.

Short was given her job back after a mediator determined that her punishment wasn’t justified. When she was fired last January, deputy police Chief John Carroll said he had decided to fire the officer because she had shown no remorse and had a previous record of misconduct.

In complying with the mediator’s recommendations, the city gave her a six-month suspension and a reduction in rank to police officer. Short was to receive six-month’s pay as an officer, at about $60,000, rather than the higher sergeant’s pay of about $65,000, according to Sgt. Steven Slaughter.

The incident that led to her termination took place in a St. Petersburg nightclub in October 2005. Police Officer Melinda “Mindy” DeKyle had invited several friends to celebrate her birthday, according to official records. She was going to be 30-years-old.

During the party, DeKyle was given a gift basket that contained liquor, a sexual device, a “Spanish Fly” and a can of chocolate whipped cream. Short said she was startled when DeKyle sprayed the cream on her chest, then licked it off. A short time later, witnesses said, DeKyle sprayed Short’s chest a second time and DeKyle’s friend then licked the cream away and fondled Short’s breasts. All of this was documented by photographs taken by one of the partiers and obtained by an internal affairs detective and by local television stations.

DeKyle was suspended as a result of the internal affairs probe and Short was fired. In January 2006, Carroll recommended Short also be suspended.

Chief Lester Aradi, however, chose to fire her, pointing to her prior record that included a 1982 careless driving incident, an improper high-speed chase in 1997 and an ethics violation and insubordination incident in 2001. She had also been punished for excessive absenteeism and had received poor performance reviews in 2003.

In 2004 she was suspended for six days after three complaints saying she had shown disrespect to supervisors.

Retrieved January 7, 2006 from http://www.tbnweekly.com/content_articles/010407_lle-02.txt

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Dr. Kardasz: The story below describes misconduct by two judges in Arizona.

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Judges admit they were out of line in courtroom

Erin Zlomek. The Arizona Republic. 01-01-07

Surprise, Arizona - Two Surprise municipal judges have admitted acting inappropriately in their courtrooms and agreed to disciplinary sanctions after an Arizona Commission on Judicial Conduct investigation resulted in administrative charges against them.

The commission charged Judge Joseph Malka with abuse of authority, incompetence, appearance of bias, improper judicial demeanor and failure to exercise judicial independence. Judge Jerry Colglazier was charged with incompetence and failure to exercise judicial independence.

The statement of charges alleges that Malka pushed a woman's case back a week because she cracked her knuckles too loudly, disrupting the courtroom. In another commission report, Malka and Colglazier are accused of conspiring to raise a defendant's bond with no credible explanation, denying the defendant his right to speak with a lawyer and holding an informal contempt hearing with no sworn testimony from the defendant or any opportunity for the defendant to give a response. Neither Malka nor Colglazier returned phone calls for comment.

Malka was Colglazier's supervisor, said Keith Stott, executive director of the commission. Complaints portray Malka as temperamental, losing patience with defendants and lawyers. A few recorded incidents document him telling defendants to "stop talking" or to "shut up."

The judge reportedly ordered one woman handcuffed and taken into custody, denying her request to use a phone and arrange for child care. He also is alleged to have thrown a lawyer out of the courtroom when the man's cellphone rang, interrupting court proceedings. An investigation of Malka's actions began in May. "Complaints came to our attention from attorneys who were in the judge's court," Stott said.

The commission has recommended to the Arizona Supreme Court that both judges receive censure, a public statement of violation and the least severe form of disciplinary action, Stott said. In addition, Malka is required to take a weeklong "refresher course" on a topic pertaining to proper judicial conduct.

During the seven-month investigation, Surprise's Interim Presiding Judge Michael Lester was assigned to be Malka's mentor. The judges agreed in writing to the commission's recommendations.

Malka earns $122,935 a year and joined the Surprise court in July 2005. Colglazier is a pro tem, or temporary, judge for the city and has earned $12,025 since July 1. Surprise city officials were aware of general public complaints concerning Malka that were brought before the City Council in October. City Manager Jim Rumpeltes said he was not aware of any complaints brought against Colglazier.

Beyond any sanction imposed by the Arizona Supreme Court, a municipality has the authority to administer other disciplinary sanctions. Surprise may consider adding its own disciplinary actions, city spokesman Ken Lynch said.

Retrieved January 1, 2007 from http://www.azcentral.com/news/articles/0101judge0101.html#

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Dr. Kardasz: The following story is a sad example of a public servant who gave someone a break and was then unfairly villanized and forced to apologize after being falsely accused of racism. As they say, "No good deed goes unpunished."

Unfortunately, the overall public image of law enforcement will never be as high as some of the other "helping" occupations. Police have the unenviable task of bringing people to justice; and some won't go peacefully. Some offenders will be brought to justice and then, to save face, will blame everybody except themselves for their misdeeds. That's not to say all cops are perfect, because they're not, they are human too. But the nature of the police function will always make the occupation a potential target of derision.

Many law enforcement agencies have special video services units that spend thousands of tax dollars filming police activities in order to attempt to create positive public images of the police. The filming activity described in the story below obviously backfired. Why don't we put some of these video services monies back into the tasks that police are supposed to be doing, to wit: making arrests and keeping the peace. Attempts to continually manipulate the pubic image of the police until they receive 100% approval ratings will fail until all police officers are tasked only with the jobs of smiling and waving and not with the jobs of making arrests and keeping the peace.

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Police Sgt. apologizes for rap request

The Arizona Daily Star, 12/22/06 / The Associated Press

Tempe, Arizona - A Tempe police sergeant has apologized for a television program that showed him asking two black men to perform a rap song to get out of a littering ticket.

"Nothing I did on that day, or nothing I've done in any day of my 25 years as a police officer, or nothing in my 48 years of being a human being, was ever driven by race, by the color of a person's skin or anything of that nature," Sgt. Chuck Schoville told The Arizona Republic on Wednesday.

Schoville, a 25-year department veteran, stopped two men in August in a mall parking lot after seeing a motorist toss a paper bag from his window.
The stop appeared on a segment of "StreetBeat," which showed Schoville talking to the men about the consequences of littering and asking them to perform a rap song to avoid a ticket.

Schoville said he talked to the men for about five minutes before the camera started rolling. He said he told the two men, Louis Baker and Robert Tarvin, that if one of them picked up the trash, he wouldn't give them a littering ticket. He also said he talked to them off-camera about how they were music producers and aspiring rappers, which led to his asking them to rap.

While Schoville said he hasn't spoken with Tarvin or Baker since the incident, he did meet with local civil-rights leaders.

He said the discussions he had with them were "productive, worthwhile and well worth it."

The Rev. Jarrett Maupin, president of the National Action Network in Arizona, met with Schoville on Monday night at a Tempe restaurant.

"During the meeting, I had the opportunity to begin to know the real Chuck Schoville," Maupin said. "He is a man of sincere service and integrity." But Maupin said that doesn't excuse what happened on tape. He said that Schoville's conduct was not representative of Tempe and that Tarvin and Baker are looking into taking legal action. "The words, phrases, and questions he chose to use demonstrated his failure in handling the situation in a professional manner," he said.

On Wednesday, authorities said Schoville would not be disciplined, but that the department would have to undergo diversity training, and the police-produced "StreetBeat" will be taken off the air for a few months until checks and balances can be developed. "And hopefully it'll never happen again," Tempe police spokesman Jeff Lane said.

Retrieved December 23, 2006 from http://www.azstarnet.com/sn/printDS/161480

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The sad advice of humorist-turned-ethicist Randy Cohen in his recent New York Times column (The Ethicist, December 3, 2006) stunned those of us in the small but growing army of law enforcement officials who investigate the millions of Internet-trafficked images depicting the horrifying sexual exploitation of children.

Cohen advised an Internet technician, “S.M.N of Vancouver”, not to report suspected images of child pornography found on the bosses computer. Cohen also advised that there is no legal duty to report.

The column was of interest to me for three reasons. As a fledgling student of ethics, my doctoral dissertation focused on ethics training for law enforcement. I am also the Project Director for the Arizona Internet Crimes Against Children Task Force and have supervised hundreds of child pornography investigations. Additionally, I have endured retaliation as an employee who reported official misconduct outside of the chain of command.

ETHICS AND HUMAN RIGHTS

Mr. Cohen's surprising advice to ignore suspected child pornography seems to invoke the lowly self-centered ethical principal of blind egoism where possible misconduct is quickly rationalized and ignored.

The advice to ignore possible child pornography seems to lack consideration for normative ethical principles such as benevolence, paternalism, honesty, lawfulness, justice and human rights. Sadly, as we witnessed in the Enron case and many other prominent business and government scandals, ethics in the workplace is somehow viewed as incompatible with ethics in other arenas. Notable among the differences are the focus on protecting business profits, company reputations and stockholders share prices.

If instead of a computer, the boss gave the employee a kitchen-knife covered with dried red fluid the day after his wife's mysteriously stabbing death, would the dried fluid be rationalized as probably ketchup and ignored? For some, comparing child pornography to murder is a stretch, but think about the murder of a helpless child's innocence at the hands of a sex offender who then memorializes the crime with images that may be trafficked forever on the Internet. Some say that the psychological damage to the child is a form of mental death.

Children's rights, sadly, are not part of the routine decision-making process in business, government or capitalist civilian life. Children cannot vote, they cannot call the police, and they are not stockholders. Children are widely disenfranchised and their human-rights are easily ignored.

UNLAWFUL IMAGES AND OFFENDERS

Child pornography is a serious crime, and the sexual exploitation of children is heinous.  When Morton Berger lost his appeal for a 200 year sentence for possessing child pornography in Arizona (see http://kardasz.org/Berger_Decision.pdf), the Arizona Appellate Court Judges echoed what the U.S. Supreme Court has also stated:

The possession of child pornography inflames the desires of child molesters, pedophiles and child pornographers.   

The use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.   

The victimization of a child continues when that act is memorialized in an image. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation. Unfortunately, the victimization of the children involved does not end when the pornographer's camera is put away.

The possession of child pornography drives that industry and…the production of child pornography will decrease if those who possess the product are punished equally with those who produce it.

Tough penalties will decrease the production of child pornography if it penalizes those who possess and view the product, thereby decreasing demand.

The State has more than a passing interest in forestalling the damage caused by child pornography: preventing harm to children is, without cavil, one of its most important interests.…we cannot fault the State for attempting to stamp out this vice at all levels in the distribution chain.

In Arizona, an alert IT professional working for a medical firm noticed unusual Internet activity on a computer and traced it back to a neuropsychologist employed by the firm. The subsequent investigation led to the arrest of Dr. Steven Henderson who is now serving 17 years in prison for sex offenses with a minor.

In another case reported by an IT professional, a Phoenix man who worked at a day-care facility was arrested after it was discovered that he performed live web-cam molestations for the sick enjoyment of his other twisted Internet friends. The man is also now in prison.

At the Project Safe Childhood Conference in December 2006, U.S. Attorney General Alberto Gonzales quoted Martin Luther King Jr. who said, "History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.” Attorney General Gonzales went on to remark, "That is still true today. For us to be silent on this issue is to fall short of our responsibilities as leaders of a battle to protect society’s most innocent and most vulnerable: our children."

If S.M.N. chooses to report and the employer retaliates, the retaliation may be a violation of one of the growing number of laws throughout the United States designed to protect employees who report criminal conduct. (see http://whistleblowerlaws.com/law.htm)

MY ADVICE

My advice to S.M.N. of Vancouver differs from Cohen's: Brave-up and quietly call a knowledgeable law enforcement official. The end results may be discomforting and possibly career-altering but you will sleep better at night, and perhaps a child somewhere will sleep better too.

Dr. Frank Kardasz (Ed.D) is a police sergeant in Arizona and the Project Director for the Arizona Internet Crimes Against Children Task Force. He can be reached at kardasz@kardasz.org

Continue reading "Should a Computer Repair-Person Report Possible Child Pornography Found on the Bosses Computer?" »

Posted by Dr. Kardasz at 05:47 PM | Permalink

Posted by Dr. Kardasz at 10:41 PM | Permalink

Dr. Kardasz: The following article from the Chicago Tribune gives disturbing information about the Chicago P.D. For more information on the subject of whistleblowing see: http://www.kardasz.org/Whistle_Blowing.html

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Chicago, Illinois - Report: Bad cops protected

By David Heinzmann, Tribune staff reporter. Tribune staff reporter Todd Lighty contributed to this report, 11/29/06

Chicago police officials have deliberately ignored corruption within the ranks, giving bad cops a sense of security to commit crimes on the job without being caught, according to a national expert on internal affairs hired by plaintiffs suing the city.

The damning report by Lou Reiter, a former deputy chief of the Los Angeles Police Department, contends that police officials, including Supt. Philip Cline, have continued a "practice of indifference" toward corruption that "makes officers who engage in misconduct feel protected."

He says in the report that although the department has legitimate guidelines against police misconduct, officials don't enforce the policies.

Reiter has advised nearly 1,000 police departments, including New York's, and has been hired by the City of Chicago as an expert witness in police-brutality lawsuits at least four times.

Chicago police officials say the criticism is based on limited knowledge of the department, and it does not take into consideration policy reforms currently under way to thwart corruption and abuse before it becomes a problem.

Reiter's report is part of a federal lawsuit filed a decade ago by a husband and wife pair of Bureau of Alcohol, Tobacco and Firearms agents. They charge that after they blew the whistle on corrupt cop Joseph Miedzianowski, he influenced the Internal Affairs Division to turn the tables and attack their credibility.

Despite the age of the lawsuit, Reiter's analysis of the department was completed this year. As part of the same lawsuit, a former assistant U.S. attorney testified that in each of the 18 corrupt-cop cases he prosecuted, he encountered a "blue wall of silence," in which fellow officers turned a blind eye to corruption and later resisted cooperating with criminal investigations of their colleagues.

The blue wall includes not only failing to report the criminal conduct of fellow officers, "but actually not interrupting or stopping the criminal activities if you come about them," the former U.S. attorney, Brian Netols, testified in a sworn deposition. Although he had left the government for private practice at the time of his deposition, Netols has since rejoined the U.S. attorney's office as a prosecutor.

The testimony comes at a time when the Chicago Police Department is on the defensive about its handling of corrupt officers. There has been ongoing criticism since the release in July of a special prosecutor's report alleging that detectives under Cmdr. Jon Burge tortured suspects in the 1980s while the department often looked the other way.

And the arrests of four members of the Special Operations Section in September revealed that police internal affairs had been aware of numerous allegations against the officers for four years without taking disciplinary action against them.

Cline said that the charges against Jerome Finnigan, Carl Suchocki, Keith Herrera and Thomas Sherry showed the department has zero tolerance for corruption. But the men were charged with a string of robberies, kidnappings and false arrests only after the Cook County state's attorney's office began to investigate the officers because of their behavior in court.

While Cline and other officials have professed that the department does not tolerate corruption or brutality, the report and Netols' testimony suggest that police leaders know their policies are inadequate and have done little to reform.

Reviewed many records

Reiter based his charges on a review of department policies, depositions of police officials and prosecutors in court cases, department reports and statistics on corruption and abuse complaints against officers.

Police officials "made a conscious choice to not implement a reasonable system to identify and remediate officers who exhibit negative performance, behavior and/or attitudinal problems," according to the report.

Reiter declined to be interviewed about his report, citing the pending litigation.

Police officials acknowledge that their methods to identify patterns of complaints against officers have not been effective in the past. But the department is testing a new system that would not only identify patterns, but also do a better job of reinforcing ethical conduct before officers stray, said Assistant Deputy Supt. Deb Kirby, who took over the Internal Affairs Division 2 1/2 years ago.

"Most large law enforcement agencies are struggling to identify poor performance issues," Kirby said. "Most are doing it under mandates with the federal government. The Chicago Police Department is doing this on their own."

Kirby also takes issue with Netols' suggestion that it is part of the department's culture to turn a blind eye toward corruption.

"On a day-to-day basis, I deal with officers who have integrity and ethics who call the Internal Affairs Division to report conduct they observe," she said.

Reiter and Netols are expected to testify in the trial of the suit brought by former ATF agent Diane Klipfel and her husband, Michael Casali, who is still an agent. The couple allege their careers, and to some extent their lives, were ruined when they tried to blow the whistle on Miedzianowski in the early 1990s. Instead of investigating Miedzianowski, internal affairs officials turned the probe on Klipfel and Casali, and years passed before the FBI investigated and indicted the notorious gang investigator.

Similar findings

Other experts who have probed the Police Department's handling of complaints have come away with similar findings. The Police Department's methods of investigating its own have been deeply flawed for a long time, said law professor Craig Futterman, who has studied the department's handling of complaints against officers.

Futterman, who teaches at the University of Chicago, gathered data for his studies during lawsuits in which he represented alleged victims of police abuse.

"What I see is a picture of impunity within the Chicago Police Department. You have a small number of officers who perpetrate crimes who have absolute impunity," he said.

A relatively small number of police officers are responsible for the vast majority of complaints, he said. Over the last five years, about 5 percent of police officers have a troubling number of complaints against them, Futterman said. About 85 percent of officers have been the subject of three or fewer complaints. But he identified 662 officers, out of about 13,500, with 10 or more complaints.

Even when negative public attention from a police scandal is focused on how the department handles internal investigations, he said, the results are often ineffective.

"There's a big police scandal, and you'll get these big pronouncements, `internal investigation,' `no stone unturned,' and `we're going to do all these great things,'" Futterman said. "And then the dust settles, and it ends up being business as usual."

dheinzmann@tribune.com

Retrieved December 1, 2006 from http://www.chicagotribune.com/news/local/chi-0611290089nov29,1,6372841.story?track=rss&ctrack=1&cset=true

Posted by Dr. Kardasz at 12:14 PM | Permalink

Dr. Kardasz: The following article by the CBC gives more disturbing information about the Toronto P.D. For more information on the subject of whistleblowing see: http://www.kardasz.org/Whistle_Blowing.html

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Posted by Dr. Kardasz at 12:12 PM | Permalink

Posted by Dr. Kardasz at 11:57 AM | Permalink

Posted by Dr. Kardasz at 12:46 AM | Permalink

Dr. Kardasz:  Inevitably, taxpayer resources will be used to support the following ill-conceived endeavor. I dont know how the taxpayers or citizens or Muncie will benefit from this strange combination of law enforcement and hollywood.

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Muncie, Indiana - Celebrities might 'join' Muncie police force

Former Minnesota governor and pro wrestler Jesse Ventura and "Jackass" star Jason "Wee Man" Acuña are among the celebrities being considered for the series.

11/21/06, By Nick Werner, nwerner@muncie.gannett.com

Muncie, Indiana - As Muncie Central High School last week passed on hosting a basketball-based reality show, another production company was courting the city's police department.

An undetermined cast of celebrities will become Muncie police officers this winter for a CBS reality show, Mayor Dan Canan confirmed Tuesday.

"It's kind of ironic that Muncie gets zeroed in on for two entirely different reality TV shows," Canan said.

The celebrities will carry guns but will not answer emergency calls on their own, Muncie Police Chief Joe Winkle said.

They must first pass the same standards as any other reserve officer, Winkle said. Those standards include psychological and physical examinations and 40 hours of basic training in firearms and defensive tactics and other subjects, Winkle said.

Each star will be paired with a training officer during the entirety of filming, which is expected to begin in the next few weeks and last about a month, Winkle said.

Sources have said former television cop Erik Estrada, Jack Osbourne (son of rock star Ozzy Osbourne), former pro-wrestler Trish Stratus, former Minnesota Governor Jesse Ventura and Jackass dwarf star Jason "Wee Man" Acuña are in the running for spots.

Canan and Winkle both said they were not at liberty to identify any celebrities that might be involved.

News of the police show comes a week after Central High School administrators announced they were no longer interested in participating in a program for MTV that would follow the Bearcats basketball program through this season.

The CBS show is better-suited for the city, Canan said, because it does not exploit the lives of teenagers.

Producers have also agreed not to paint Muncie as a backwater town, Canan said.

The mayor agreed to the show mostly on the chance that future investors might get to know the city through its police department, he said.

"When you do economic development, it's all about name recognition," Canan said.

The show will be produced by Tom Forman, Winkle said, who was involved in Extreme Makeover: Home Edition.

Producers also approached the Delaware County Sheriff's Office about three months ago but ultimately passed on that agency, Sheriff George Sheridan said.

The sheriff and television crews are working on terms detailing how much access cameras will have in the jail should a celebrity make an arrest.

"If done right, and they maintain the integrity of the profession, this is a good thing," Sheridan said.

Delaware County Prosecutor-elect Mark McKinney, however, was not as optimistic.

"I sincerely hope they have enough protections in place so that we never would be in a position of relying on one of these individuals for testimony (in court)," McKinney said. "The possibility for bad things loom very large."

The reality show will provide internships for about 10 Ball State University telecommunications students who will provide behind-the scenes labor for production, according to Nancy Carlson, head of the BSU T-Comm department.

"It is in my interest to get students as much experience as possible," Carlson said. "So we gladly cooperated."

The students, who will work for free, have been told to prepare for filming this Thanksgiving weekend, Carlson said.

Neither Forman Productions nor CBS spokesman Phil Gonzales returned phone calls Tuesday.

A casting crew was apparently in town Thursday and Friday interviewing police officers, according to a flyer distributed throughout city hall.

The source of the flyer was unclear. It ended with "Please Keep Confidential."

The companies have been very tight-lipped about the project, Carlson said, because they are concerned that once news leaks, paparazzi might make it difficult to film the stars in real-life law-enforcement situations.

Contact news reporter Nick Werner at 213-5832.

Retrieved November 21, 2006 from http://www.thestarpress.com/apps/pbcs.dll/article?AID=/20061122/NEWS01/611220336

Posted by Dr. Kardasz at 12:31 AM | Permalink

Posted by Dr. Kardasz at 12:28 AM | Permalink

Dr. Kardasz: The following report by Alain Cairns of the Toronto Sun describes disturbing allegations by a Whistleblower - a.k.a. Lamplighter from the Toronto Police Department. For more information on the subject of whistleblowing see: http://www.kardasz.org/Whistle_Blowing.html

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Toronto, Canada - Veteran Toronto cop backs up corruption allegations

11/21/06, By Alan Cairns, Toronto Sun

A second Toronto cop who was on a corruption task force now makes public assertions that a list of serious issues have been either ignored or overlooked by police brass.

Retired only a few months after three years on an RCMP-led task force probe into allegedly rogue Toronto Police drug squad cops, former Sgt. Neal Ward told the Toronto Sun that self-professed "whistle-blower" Sgt. Jim Cassells is "mostly ... quite correct."

"I agree with Jim, that not all has been done that could have been done in certain situations," said Ward, a cop for more than 30 years.

Cassells, a 29-year veteran who worked with Ward and 20-odd other Toronto cops on a corruption task force headed by RCMP Staff Supt. John Neily, has asserted that "numerous" cases of possible corruption were either minimized, ignored, or swept under the carpet by indifference or interfering senior officers. Alleging Toronto Police is ignoring its own core values, Cassells has called for a public inquiry into the way it conducts internal probes.

As revealed in the Sun yesterday, a "procedural review" into Cassells' allegations -- ordered by Chief Bill Blair -- has a narrow mandate and no other cop who served on the task force has been interviewed.

Ward confirmed that nobody involved with the review had contacted him.

And Ward confirmed that it was he -- and not Cassells -- who authored a list of issues that was written on a chalk board mounted on a wall at the task force's former operations centre on Wilson Ave.

Ward suggested that Blair's procedural review of Cassells' allegations will be "probably incomplete" if it does not talk with him.

Ward said the task force list pinpointed 14 unresolved issues, which seemed to disappear into a black hole once they were passed on to superior officers at internal affairs.

Ward would not comment on specifics, but sources say the list expressed concerns which included a belief that alleged safety deposit box thefts by a second Central Field Command drug squad and the alleged thefts and use of seized cocaine by a number of drug cops were never fully probed.

Ward said while internal affairs was apprised of these concerns and many more during the task force probe, "we never heard of any Police Services charges, or criminal ... ever being laid ... we never, ever got anything back, never heard anything, never saw anything ... about these matters being fully investigated, or being investigated at all."

Ward said if Cassells says these complaints were never probed, then he is likely correct.

"Jimmy (Cassells) is a very honourable, forthright, truthful person. If Jimmy ... tells me nothing has been done, then until I hear different, I believe that Jimmy is telling the truth," Ward added.

The investigative phase of the Neily task force probe wrapped up in January 2004 with corruption-related charges against six ex-drug cops who worked in one of three teams in the Central Field Command. Staff-Sgt. John Schertzer and former subordinates Steve Correia, Ned Maodus, Ray Pollard, Rick Benoit and now-retired Joe Miched were committed to trial in June after a lengthy preliminary hearing. Another four cops were named as unindicted co-conspirators.

Upon sending the six to trial, Judge James Blacklock warned that prosecutors have "serious credibility issues" with witnesses. Internal charges were recently laid against 13 former drug cops.

None of the criminal or internal allegations have been proven in court.

Citing an unwillingness to derail the ongoing criminal case and fearing that he would lose his claimed whistle-blower status, Cassells spoke only in generalities when he went public with his complaints last spring.

Police Chief Bill Blair and Toronto Police Services Board chaiman Alok Mukherjee denied any cover-ups -- even before Cassells was asked to detail his concerns.

A procedural review -- ordered by Blair in the middle of a growing crisis -- is now complete. Blair and Mukherjee gave a promise that the "results" of the review will be made public.

Sources say that the procedural review could only examine the "process" by which decisions were made during the Neily task force investigation.

Blair confirms the review -- undertaken with the "outside" assistance of Insp. Mark Tatz of York Regional Police -- is now in the hands of retired Superior Court Justice George Ferguson, who former chief Julian Fantino selected to review the drug squad while the Neily probe was going on.

Police spokesman Mark Pugash said Blair will give the review to the board at its Nov. 28 meeting.

A LIST OF ALLEGATIONS BY WHISTLE-BLOWERS

- Police brass allegedly struck a "secret" deal that would allow former Northwest Field Command drug squad Const. Rob Kelly to keep his badge, despite a criminal conviction for drug possession after he supplied cocaine to a police informant. Kelly, who asserts he became addicted to cocaine while working as an undercover drug cop, never said where the cocaine came from. After his November 2001 arrest, Kelly went into intensive drug therapy. Kelly ultimately quit and recently filed a lawsuit in which he sued Toronto Police and two senior officers for "malicious prosecution."

- An allegation that "nothing was ever done" about a veteran cop who confessed a 10-year cocaine addiction and entered rehab within days of Kelly's arrest. The popular cop once headed a divisional major crime unit and a district drug squad. Sources suggest that the addicted cop's cases were not reviewed, nor was his condition ever disclosed to anyone who he arrested during his 10-year addiction. The cop has since quit the force.

- Suspicions that several officers linked with Northwest Field Command were involved in a cocaine ring. The informant in the Kelly case told police that he had consumed cocaine with four other Toronto cops other than Kelly. The informant alleged that the four officers supplied cocaine which he was led to believe was their "cut" from drug arrests. It was revealed at Kelly's preliminary hearing that internal affairs officers requested hair samples from the officers so they could test for cocaine use. They refused. Sources say little else was done.

- Two sergeants who were at 53 Division during the arrest, detention and alleged assault on drug dealer suspect Chris Quigley failed to report serious injuries that saw Quigley taken to hospital by ambulance. Internal affairs brass ultimately treated the pair's failure to record Quigley's injuries merely as a "training issue."

- Suspicions surrounding a second Central Field Command team that allegedly stole cash from drug dealer safety deposit boxes were never fully probed, it is alleged. Three separate drug dealers alleged that while they were still facing charges a total of almost $2.5 million went missing from safety deposit boxes. Sources say the team had a "prolific" record of opening safety deposit boxes and, in some cases, ordered managers not to supervise the openings. Some defence lawyers impeded any potential probes because they did not want their clients speaking with police while their cases were still before the courts.

- Questions of why Toronto Police continued to employ and pay ex-drug squad Const. Ned Maodus after his arrest for an off-duty incident at his Orangeville home in March 2002.

- Questions about the integrity of an internal probe into an internal affairs staff sergeant -- who allegedly tried to "piggy back" on an OPP search of Maodus' Orangeville home and then allegedly tried to browbeat a female cop. The internal affairs probe found it could not justify Police Services Act charges.

- A Northwest Field Command sergeant who altered sign-in sheets to cover for cops who were playing hockey the night that Rob Kelly was arrested.

- Several special task force briefs which outlined how there was sufficient evidence to lay Police Services Act charges against different cops were left sitting on an internal affairs supervisor's desk for more than six months -- the maximum time during which internal charges can be laid after the service first discovers an alleged misconduct.

Retrieved Novemner 21, 2006 from http://cnews.canoe.ca/CNEWS/Canada/2006/11/21/pf-2432518.html

Posted by Dr. Kardasz at 12:14 AM | Permalink

Dr. Kardasz: Dr. Gilmartin's contributions to the field of ethics have been significant. I was very surprised to learn that he himself was the victim of ethical misconduct by officials of the Tucson Police Department and pleased to learn that he prevailed in the lawsuit described below.

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City vows to appeal $3M judgment against police officials - Top cops 'conspired against contractor, lawsuit says

Daqvid L. Teibel, Tucson Citizen,11/17/06

The city will fight a $3 million civil judgment in a case that involves alleged bid-rigging by the current chief of police and a former chief.

Even if the award stands, police Chief Richard Miranda will not be personally liable, said City Attorney Michael Rankin.

A federal jury ruled in September that three police administrators conspired against Kevin M. Gilmartin in not awarding a $110,000 contract to Gilmartin's counseling group in 1998.

Gilmartin claims he is being punished for 1997 testimony that angered then-police Chief Douglas F. Smith. He said Smith ordered Miranda not to renew Gilmartin's contract, and that Miranda lied about Smith's influence.

Miranda denies Gilmartin's claim.

The city has filed motions seeking a new trial on the grounds that U.S. District Judge Frank R. Zapata made errors in law during the trial. Rankin expects the motions to be heard in federal court within two months.

If those motions are unsuccessful, Rankin said, the city will appeal to the 9th U.S. Circuit Court of Appeals.

Rankin said the city will appeal both the amount of the award to Gilmartin and an associate, John Harris, and the verdict itself.

Jurors found that Smith, Miranda and now-retired Assistant Chief Jesse Ochoa conspired in 1998 to not give Gilmartin's group a counseling contract, said Richard M. Martinez, lawyer for Gilmartin and Harris.

Martinez said he is confident the award and verdict will be upheld. Martinez said the amount of the award grows at a rate of 10 percent a year, even while it is under appeal.

Gilmartin's group had provided counseling services to police for five years before it lost the contract to Sonora Behavioral Health Associates in 1998. Gilmartin is a nationally known police and organizational psychologist, providing lectures and seminars to state, local and federal law enforcement agencies across the country.

After losing the contract, Gilmartin and Associates filed a protest with the city claiming Smith was so "infuriated" with Gilmartin's testimony in another suit against the department that he told the contract evaluators, including Miranda and Ochoa, not to award the contract to Gilmartin. The contract went to rival Sonora.

The city found nothing inappropriate in the award to Sonora. Gilmartin then filed suit. Smith could not be reached this week for comment, but at the time the protest was filed he said, "The allegations are ludicrous."

Reached Wednesday in Honolulu, where he was working with the Honolulu Police Department, Gilmartin said the testimony that angered Smith came in a suit filed by members of the department's air support unit alleging misconduct in the unit.

Gilmartin said he was asked a question based on a hypothetical situation about the ethics of city employees repairing privately owned aircraft on city time. His testimony that it "apparently" would be unethical, angered Smith, Gilmartin said.

Gilmartin and Martinez said Wednesday that Miranda, Ochoa and Smith lied about the contract award.

"They took an oath and went into federal court and lied on the stand," Martinez said. Speaking of Miranda and Ochoa, Gilmartin said, "They placed themselves on a public bidding review committee.

"On two occasions they signed documents, under oath, that they were under no influence.

"Miranda admits under oath, at trial, he was ordered, that Smith gave an order that any group I was associated with not be given the contract," Gilmartin said.

Miranda told the Tucson Citizen that was not the case.

He said Smith told him Gilmartin and Associates was no longer eligible to have its contract renewed without the city putting it out to bid, and that Smith ordered that the contract not be renewed and that bids be solicited for the work.

Miranda said he and Ochoa were truthful in all documents they signed and in their court testimony. "At no time was I under the influence of Doug Smith, and I was fair and honest in my evaluation of the proposals," Miranda said, adding he and Ochoa voted to award the bid to Sonora because they thought that group had submitted the best proposal."My conscience is clear," Miranda said.

City Manager Mike Hein said, "I have complete confidence in the chief."The chief," Hein said, "has unquestionable moral compass."

Ochoa onThursday deferred to attorney Michael B. Smith for comment. Smith could not be reached.
Miranda, Smith and Ochoa will not have to pay $2.9 million out of their pockets. If the award stands. It will come from a city fund managed by the Department of Risk Management for such
things as liability awards, Rankin said.

"They are indemnified because they are acting in the course of their employment," Rankin said, adding, "It continues to be my position and our decision that Chief Miranda didn't do anything wrong."

Retrieved November 19, 2006 foom http://www.tucsoncitizen.com/daily/local/32926.php

Posted by Dr. Kardasz at 04:49 PM | Permalink

Dr. Kardasz: The following article about ethics was written by Randy Sutton. For more information on ethical decision making see: http://www.kardasz.org/Decision_Making_Tools.html

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Ethical Survival: Officers must prepare for not only physical danger but ethical danger as well

By Randy Sutton

An LAPD honor guard stands tall and represents everything that’s right about police work. Ethics allegations hurt everyone who wears a badge.

On a dreary autumn morning seven years ago, Sgt. Philip Ross stuffed his fully loaded 9mm SIG into his waistband and headed into the wooded area behind his home. He thought of his wife, his daughter and his 14 years at the police department where his fellow officers were more like family than co-workers. A note in his pocket said, simply, “I’m sorry, please forgive me.” Attached to the note was a New Jersey grand jury indictment bearing his name.

Fortunately, Ross’ wife was home. Running into the woods, she came upon him in time to stop him from his planned suicide attempt. Back at the house, he showered and dressed, and together they drove to the court for his sentencing.

Now, seven years later, with pain still etched on his face, former police Sergeant Phil Ross told me, “For years I trained . . . firearms, tactics, officer safety, and in the end I destroyed my own career and almost my life with one stupid decision.”

What was that decision?

Ross had bolstered the strength of a case against a major narcotics trafficker by claiming in an investigative report that narcotics found in the suspect’s residence were discovered after a search warrant was issued. In reality, the evidence had been discovered during a protective sweep before a search warrant was issued.

Ross’ motives were noble — he wanted justice to prevail in a case where the suspect was clearly guilty — but by lying, he violated his oath of office. Noble-cause corruption is still corruption.

The New Survival Challenge

Physical danger is among the most fundamental aspects of law enforcement, and so, in order to survive, we train to protect ourselves both physically and mentally. Yet the last decade has seen a leveling off of line-of-duty deaths of law enforcement officers. Most point to better equipment, body armor and training, and as a police trainer for one of the largest police agencies in the United States, I must agree. The training budget in most police departments is geared heavily toward firearms training, tactical training and officer safety, and, accordingly, those are the concerns in the minds of our nation’s law enforcement officers each day as they pin on their badges and strap on their gun belts.

But ethical danger, as Ross experienced, can also prove fatal, at least career-wise.

For example, in my department alone, for every officer lost in the line of duty in the last five years, 70 were fired for ethical misconduct. And unlike those who died honorably, these officers are alive but disgraced.

The Concept of Ultimate Responsibility

I recently saw an interview with a corrections officer caught on video forcing prisoners to abuse one another sexually while he watched. He denied he was in the wrong, claiming no written rule forbade his behavior.

This ignorant justification, a denial of personal responsibility, rings closely to what every law enforcement officer hears on the street every day. The constant exposure to the array of excuses that spew from criminal suspects contributes to the hardened cynicism in street cops. But we cannot allow either the I’m-not-responsible mindset or unchecked cynicism to pollute the perspective guiding our actions.

Our job entails a great amount of discretion and autonomy; we must accept a degree of responsibility commensurate with our positions. If I make a decision, however big or small, I am accountable for it. Ownership of each decision, from the mundane to the life changing, lies with the one who makes it. This is the concept of ultimate responsibility. If we embrace this basic idea, we can avoid myriad ethical pitfalls.

Take the case of Officer John Black, a three-year police officer in a large urban police department. Black came under investigation for logging out for an unauthorized coffee break during a follow-up investigation. When questioned, Black compounded his mistake by denying taking the coffee break, unaware he had been observed by another officer. Thus, where he had faced minor disciplinary action, he now faced — and received — termination.

He made a mistake he compounded by not being accountable.

Statistically, law enforcement agencies across the country are seeing higher rates of termination for truthfulness issues than ever before. Regrettably, in many cases, had the officers not lied about the initial conduct under investigation, they would not have been terminated.

Aside from basic ethical duty, a number of pragmatic reasons indicate why law enforcement agencies nationwide increasingly hold officers strictly accountable for truthfulness, including public awareness of officer conduct and oversight scrutiny provided by citizens’ review boards. Court decisions, such as U.S. vs. Henthorn, that allow a judge to examine a law enforcement officer’s personnel file in order to determine an officer’s credibility pose another factor. If an officer has a truthfulness issue on record, their usefulness as a witness is basically forfeited.

Preparing for Ethical Survival

Lack of truthfulness, however corrosive, is not the most potentially destructive enemy of an on-duty law enforcement officer: complacency is. Complacency means more than dropping your guard. It means shortchanging yourself and the quality of your life by doing only the minimum necessary to get by. Ethical survival requires preparing the psyche with the same vigor you use to prepare for tactical survival.

I asked a highly respected and decorated 20-year police veteran how he had escaped ethical pitfalls during his career. He said simply, “I know myself, and I respect who I am.” He discovered one of the most important strategies in mental preparation: self-definition.

Each of us is unique in our life’s experience, personal values and goals. But few of us take the time to reflect on who we truly are. How can we do this?

Complete a Personal Inventory

This isn’t as easy as it sounds. A personal inventory requires taking a long, introspective look at your personal traits and characteristics.

Ask yourself:

What are the qualities I like about myself?

What are the aspects of myself I am not proud of?

When I look at my actions and interactions with others, am I honest and compassionate? Or am I selfish and petty?

Who you are is not a matter of chance but a matter of choice.

If you like what you see, you can probably clearly visualize the hard road of self-evolution you traveled. If, however, there are areas you feel need improvement, this is the opportunity to identify those aspects and consciously change them.

Believe

Religious belief and spirituality have long played a vital role in guiding the decision-making of those who contribute to their communities. Our nation’s law enforcement officers come from every religious background known, and many have been drawn to the profession because of the corresponding values that law enforcement represents. The label you attach to your set of beliefs isn’t as important as the existence of those beliefs; those officers who have strong belief systems are far less inclined to stray ethically than those without.

Honor Yourself & Your Co-Workers

Law enforcement officers are special people. Unfortunately, we honor ourselves rarely, typically for funerals and retirements. But each day, heroic actions are commonplace.

How often have you watched a professional sports game in which a player accomplishes a difficult play? More often than not, teammates acknowledge the player with encouraging words and vigorous pats on the back.

Law enforcement is the ultimate team sport. When another officer accomplishes a good arrest or makes a positive difference in someone’s life, celebrate it. Be vocal, congratulatory, encouraging. Honor your co-workers, and, when your moments come, they will honor you.

Conclusion

Law enforcement continues to lose dedicated, talented officers to ethics-related mistakes. Just as we prepare ourselves tactically for physical threats, we must prepare ourselves mentally for ethical threats. By embracing the concept of ultimate responsibility — the principle of accountability — we take charge of our own professional destinies. By equipping ourselves with self-knowledge, we protect ourselves with the armor of values and professional honor. Otherwise, as Ross can attest, it’s a long and lonely walk into the courtroom for sentencing, but it’s an even longer walk into the woods.

Lieutenant Randy Sutton is a 29-year police veteran, serving 10 years with Princeton (N.J.) Police Department and the past 19 years with Las Vegas Metropolitan Police Department. He is the author of True Blue: Police Stories by Those Who Have Lived Them and the autobiographical collection of stories, A Cop's Life, released in 2005 by St. Martin's Press. Contact him through his Web site at www.policingwithhonor.com.

Retrieved November 19, 2006 from http://www.policeone.com/writers/columnists/lom/articles/129744/

Posted by Dr. Kardasz at 04:05 PM | Permalink

Dr. Kardasz: The following report from the Institute for Global Ethics describes the continuing dilemmas faced by those who are brave enough to report the misconduct of others.

see also:  http://www.kardasz.org/Whistle_Blowing.html

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Enron Collapse Caused Also by Those who Looked the Other Way: Whistle-Blower
Lynn Brewer details ethical dilemmas during college appearances

Indianapolis - An Enron whistle-blower recounted the moral dilemmas involved in exposing the situation during a recent series of college business-school appearances, noting that for her, the decision involved balancing the desire to tell the truth versus giving up as much as $30,000 per day in stock options.

Former Enron executive Lynn Brewer told an audience at Indiana University's Kelley School of Business last week that she was strongly tempted to ignore what was happening at Enron, according to a report from the campus newspaper the Indiana Daily Student.

"Some days I was making $20,000 or $30,000 per day. I didn't even have to go to work to make money," she said. "I began to realize that I'd been given twice as many stock options.... I realized that I'd become Enron at that moment because I chose to look the other way for the financial benefit of the stock options, something that [former Enron CEO] Jeff Skilling and [former Enron chairman] Ken Lay were doing every day," she said, according to the paper.

Indianapolis television station WISH reports that Brewer, who worked for Enron for more than three years before going public, noted that she was rebuffed by her supervisor when she first reported irregularities.

She then confronted the additional dilemma of what would happen if she went public with the details, reports WISH, including exposing herself to legal retaliation and the possibility, later to come true, that exposing the fraud would eventually bring the company crashing down.

Brewer also repeated a theme stated during a speech at Penn State earlier in the month, noting that the biggest lesson coming from Enron was not about corruption; instead, she said, it was about the hundreds of people who observed corruption but looked the other way, according to the Penn State Collegian.

Sources: San Francisco State University News, Nov. 6 -- WISH-TV, Indianapolis, Nov. 6 -- Indiana Daily Student, Nov. 6 -- Penn State Collegian, Nov. 1.

Retrieved November 15, 2006 from http://www.globalethics.org/newsline/members/issue.tmpl?articleid=11130619261545

Posted by Dr. Kardasz at 12:29 PM | Permalink

Excerpted from Ethics Newsline - (www.globalethics.org/newsline/), 11/13/06

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Ethics was Most Important Issue in U.S. Elections: Polls

After trumpeting 'culture of corruption' theme in successful bid to take control of Congress, Democrats now say they will introduce reforms

WASHINGTON -Ethics was more important than any other issue, including the war in Iraq, in last week's U.S. midterm elections, according to polling data.

CNN reports that national exit polls showed that when asked which issue was "extremely important" to their vote, more voters specified corruption and ethics in government than any other concern.

Last week's vote, which overturned Republican control of the House and the Senate, appeared to reflect voter dissatisfaction on a number of key moral concerns, according to an analysis from Bloomberg reporter Jonathan D. Salant.

"Democrats ousted three House Republican incumbents with ties to Republican lobbyist Jack Abramoff," Salant wrote. "They won all three seats vacated by Republicans who resigned because of scandals involving Abramoff and former Representative Mark Foley of Florida. They also defeated two Pennsylvania Republicans with ethical problems."

The Canadian Press notes that polls showed the religious right, an important sector of the Republic base, also reflecting disenchantment with government ethics, including the handling of the revelation that former Republican congressman Mark Foley sent sexually charged emails to teenage pages.

In the aftermath of the election, presumptive House speaker Nancy Pelosi, who trumpeted the "culture of corruption" theme during the run-up to the election, promised to reintroduce lobbying and ethics reform within the new Congress's first 100 hours, according to a report from the Medill News Service.

Sources: Medill News Service, Nov. 11 -- Canadian Press, Nov. 10 -- CNN, Nov. 9 -- AP, Nov. 9 -- Bloomberg. Nov. 8.

Retrieved Novemer 15, 2006 from http://www.globalethics.org/newsline/members/issue.tmpl?articleid=11130619214725

Posted by Dr. Kardasz at 12:17 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?

2. Which decision making process might have prevented the accused from making the wrong decision?
     a. Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Bluffton, South Carolina - Ex-police captain accused of lying - Candidate for Bluffton council says training sessions were legitimate

By Ben Crites, The Island Packet, 11/14/06

Bluffton, South Carolina - A former Bluffton police captain who's running for Town Council was forced to resign over how he handled training for the department, according to a report released Monday.

The report, which sums up an internal investigation of Willis Latham, states that he lied about the amount of training that officers received and didn't conduct training sessions according to state law. Latham, 56, said Monday night that he didn't do anything wrong. He said he conducted training as it had always been conducted in smaller departments, and Chief David McAllister wanted him out.

Latham resigned April 4 after 10 years with the department, McAllister said. Latham told The Island Packet at the time that he wanted to spend more time on ministerial work and real estate.

The report, released in response to a public information request from the Packet, identifies six instances of Latham failing to properly record training, seven instances of not properly conducting training, 15 instances of falsifying official documents and one case of gross negligence.

According to the report, several officers who were required to receive training by watching videotapes said they never received the training. But training documents signed by Latham said they did. "I didn't lie on those documents," Latham said. "It was a trust issue. You tell the guys to watch the tapes. In the meantime, you got the paperwork ready."

Latham said because smaller departments can't afford to take officers off the road for training, they are given the tapes to watch at home during free time. But McAllister says Latham has admitted to signing documents that weren't true, and once an officer lies he can no longer work in law enforcement. "The integrity of the criminal justice system is based on the fact that police officers are truthful," the chief said. "The court has been very clear that if you lie, you can't be a police officer."

The report states that one training document indicates that a detective, whose name was not released, received 24 hours of training in one day. The detective said he had not received the training.

Latham, who has filed a complaint with the Equal Employment Opportunity Commission, said it was the officers who lied during the internal investigation, probably because they were afraid of losing their jobs. "Every officer knows they are responsible for getting their training down and watching the videotapes," he said. "If they didn't like the way we were doing it, we could have changed it."

Latham, Charlie Wetmore and Thomas G. Heyward are running for two open seats on Town Council in the Dec. 5 election. May Pro Tem Jacob Preston and Lucille Mitchell aren't seeking re-election. The events leading up to Latham's departure from the police department were not his motivation for running, he said. He wants to work on affordable housing in the area and help preserve the May River.

"I don't hold any animosity against McAllister or the Bluffton Police Department," he said. "I'm a team player. But I don't agree with the allegations and I wish they would have handled this another way."

Retrieved November 15, 2006 from http://www.islandpacket.com/news/local/story/6230955p-5441785c.html

Posted by Dr. Kardasz at 12:18 PM | Permalink

Posted by Dr. Kardasz at 06:52 PM | Permalink

By Mike Sullivan, September 21, 2006
 
A July 7 police hero has been arrested for shoplifting after allegedly being affected by the horrors he witnessed. PC James Aveling was the first officer to arrive at the Aldgate Tube bombing in which eight people died and dozens were terribly injured.

The City of London cop was awarded a commendation after freeing trapped victims and tending casualties. But concerned colleagues believe the officer, in his late 20s, continued to endure flashbacks and nightmares. He was arrested last week at a WH Smith at Liverpool Street Station after allegedly being spotted on CCTV paying for a paper but taking a book and a bottle of water. PC Aveling, based at Bishopsgate, was bailed until November 1 while top brass decided what action to take. They could charge him with theft, give him a caution if he admits an offence, give him a fixed £80 penalty notice or take no action.

He has been suspended and could face a disciplinary panel after the case. The cop denied theft. A source said last night: “He says he simply forgot about it.” A police spokeswoman said: “We can confirm that a City of London officer has been arrested on suspicion of theft. He has been bailed until November 1. The officer has been suspended.” In all, last year’s suicide bombs killed 52 innocent people and injured more than 700. Consultant psychiatrist Dr Nireeja Pradhan said: “The emotional trauma could have caused him to demonstrate behaviour which is not normal.”

m.sullivan@the-sun.co.uk

Retrieved September 21, 2006 from http://www.thesun.co.uk/article/0,,2-2006430693,00.html

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Hero 7/7 Cop Back At Work After Theft Probe

Sunday, 5th November 2006, 10:32

A July 7 police hero arrested for shoplifting has been allowed back on the beat after no charges were brought against him.

The Crown Prosecution Service said it would not be charging PC James Aveling after he was allegedly spotted on CCTV paying for a paper but taking a book and bottle of water from the WH Smith shop at Liverpool Street Station in London.

PC Aveling, of City of London Police who is in his late 20s, was said to have been affected by the horrors he saw as the first officer to arrive at the Aldgate Tube bombing where eight people died and dozens injured.

He was awarded a commendation after freeing victims and tending to the wounded.

But colleagues say the officer continued to suffer flashbacks and nightmares about the tragedy.

PC Aveling had been suspended since the middle of September, when he was arrested, and had been due to answer bail on November 1.

However, a City of London spokesman said: "PC Aveling returned to work on October 31 after the CPS informed us they would not be prosecuting.

"It is good news to see him back in the force, back on the streets. He is a valuable member of the City of London police.

"Like anyone else, if the CPS decide there is no case to answer, then there is no case to answer.

"The decision to suspend PC Aveling would have been taken by the Directorate of professional Standards, who make their decisions on a case by case basis.

"The force has got good welfare and does offer services for officers and support staff that might need it."

A spokeswoman for the CPS said: "We were asked by the police whether we would be making any charges, but when we looked at the case, we decided there was insufficient evidence to prosecute and no realistic prospect of conviction."

The suicide bombs on July 7 last year slaughtered 52 and left more than 700 injured.

Experts say one-in-four of those caught in a terror attack such as 7/7 will develop post-traumatic stress which can trigger criminal behaviour, depression or phobias


http://www.lse.co.uk/ShowStory.asp?story=GE330766Y&news_headline=hero_7/7_cop_back_at_work_after_theft_probe
Copyright © 2006 National News +44(0)207 684 3000

Posted by Dr. Kardasz at 01:22 PM | Permalink

Dr. Kardasz -

The following news reports by Jon Ericson and other writers from the Waterloo/Cedar Falls Courier highlight the importance for public administrators to have clearly written policies and to apply discipline in a consistent manner.

Read the reports and consider:

1. Which typology of unethical behavior, if any, was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Cedar Falls, Iowa - Hearings on Cedar Falls police firings begin

10/24/06, By Jon Ericson, Waterloo/Cedar Falls Courier

The city's police chief believes Josh Atteberry is a thief who has no business working for the police department.

Atteberry contends he is a dedicated officer who made mistakes in judgment and paperwork and wound up fired by a department that lacks consistency in its discipline for employees.

The Cedar Falls Civil Service Commission will rule on the decision by Cedar Falls Police Chief Rick Ahlstrom to fire four Cedar Falls police officers for misuse of their annual clothing allowance. The first hearing began Monday morning with Atteberry fighting to have his job reinstated.

The city plans to make the case a simple matter of theft, with the police officer purchasing items with his clothing allowance only to later return it and keep the money. They say police officers need to be held to a high standard of conduct to ensure public trust.

On the other side, Atteberry's attorneys argue the case isn't so simple. Attorneys Tim Luce and Cheryl Weber claimed Atteberry did nothing wrong. They claim his record keeping may not have met city standards, but he had no intent to steal from the city. They also tried to prove that other police officers have been given lesser punishments for offenses as severe as Atteberry's.

Atteberry and three other Cedar Falls police officers were fired Sept. 13 for misuse of their annual clothing allowance. Each July, Cedar Falls police officers are given $475 to buy clothing used for work. They are expected to keep receipts of those purchases and turn them in to the city. Any unused portion of the allowance is expected to be repaid after the end of the fiscal year.

Atteberry twice bought items just before the end of the fiscal year deadline and submitted receipts, only to return the items and get money back a short time later. The instances happened with the fiscal years that ended in July 2004 and July 2006.

"Turning in receipts for merchandise to be returned later is fraud," said City Attorney Susan Staudt in her opening statement.

The case came to the city's attention when a Von Maur employee called the police chief in July to express concern about possible misuse of the clothing allowance. They report Atteberry came in on June 29 and spent more than $475 for dress shirts and a pair of suits. He returned the items in early July and the purchase was credited back to his credit card.

Following that call, police management investigated Atteberry's clothing allowance reports and placed him on paid administrative leave on July 18 as they further investigated the case. The department also began an audit of the entire department's clothing allowance actions.

Staudt said the city has an obiligation to make sure officers have integrity and are honest. She said police officers have a lot of power; they can take away a citizen's liberty and carry weapons.

"We have police who are out there holding us responsible, potentially able take our lives, and they better not be stealing from the city, from the taxpayers," Staudt said.

In both instances, Atteberry said he had already purchased at least $475 in work-related clothing items before the end of June, when he made the additional purchases and turned in receipts. He said he wasn't able to find the receipts for the other items, so he made the other purchases so he would not have to pay back the clothing allowance money.

"If I felt that I had not spent the money that year, I would have repaid the money to the city or gone out and bought items. To me, this was a way to meet the parameters of the city policy," Atteberry said.

Ahlstrom and Capt. Jeff Olson testified that they didn't believe Atteberry had made appropriate purchases during those fiscal years. They also testified that they believe Atteberry's actions were obviously intended to take the clothing allowance and put it in his pocket.

"It was a deliberate intent to divert public funds for his own use," said Police Chief Rick Ahlstrom. But Atteberry denied the allegations.

"Looking back, had I known the city would look at what I did as egregious as they are, I never would have done it," Atteberry said. "I had no intent to cheat the city or divert that money to my own personal use." Attorneys for Atteberry worked to show that the city's clothing allowance policy was not clearly defined.

They had Olson and Ahlstrom testify that the city policy allows for only the purchase of white dress shirts and navy or black sports coats for investigations personnel. But those personnel had been allowed to buy shirts and jackets of other colors. Olson testified that the policy had been verbally changed to allow other colors, so long as they looked professional. That change had never been made to the written clothing allowance policy. Ahlstrom also testified that the city has no written policy regarding returns of items purchased under the clothing allowance policy.

Atteberry's attorney also questioned the police department's disciplinary actions against other officers. They pointed to an instance where a member of police management was caught cheating on a certification test. That officer was disciplined, but not fired. Two other officers, one in management and one in the police union, were also caught on similar charges and neither was fired. "The commission needs to know that there are other officers that were issued disparate discipline for similar violations," Luce said.

While four officers were fired for their use of the clothing allowance, the department's audit also turned up five other officers with mistakes in their reporting or purchases. None of those five were fired. Two were given an opportunity to fix their errors, with a deadline for that action being this Wednesday.

The Monday hearing went into recess at 5:10 p.m. as Atteberry was being questioned by his attorneys. City attorneys had not yet had a chance to cross examine him. Atteberry's attorneys plan to call several more witnesses today. The hearings were originally scheduled as one-day hearings for each officer. The hearing for officer Holly Pohl was delayed from its scheduled start at 8 a.m. today to allow the end of Atteberry's hearing.

The three-member Civil Service Commission has a number of options before it. It can uphold the police chief's decision to fire Atteberry. It could also throw out that decision, or it could modify the city's discipline as it sees fit. One member of the commission, Susan Fletcher, is unable to attend the hearings because she is out of town. If the other two members, Greg Dotseth and John Clopton, cannot agree on a decision Fletcher will review the case to cast a deciding vote.

Contact Jon Ericson at (319) 291-1402 or jonathan.ericson@wcfcourier.com. Waterloo/Cedar Falls Courier

Retrieved October 24, 2006 from http://www.wcfcourier.com/articles/2006/10/24/news/metro/97a825bade39b6a386257211004968fa.txt

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Cedar Falls, Iowa - Police Hearings Conclude

11/01/06, By Jon Ericson, Waterloo/Cedar Falls Courier

Cedar Falls, Iowa --- Brad Brown didn't lie when asked about questionable items on his clothing allowance reports. The former Cedar Falls police officer admitted he had purchased white athletic shoes for working out after hours. He acknowledged he bought a $200 pair of boots shortly before the deadline for spending that allowance, only to return them after the deadline.He was shocked when the police department launched an internal investigation into how officers used their clothing allowances and three of his fellow officers were placed on administrative leave.

When his number was called in August and Police Chief Rick Ahlstrom suspended him and asked for his badge, gun and other gear, Brown had a candid question. "He asked if he was going to be fired over this," Ahlstrom recalled of the meeting. "My response was equally blunt and I said he was in deep (expletive) over this."

Brown was one of four Cedar Falls officers fired Sept. 13 for misuse of their $475 annual clothing allowances. On Monday his appeal hearing before the Cedar Falls Civil Service Commission ended. It was the last of the four hearings, and the commission is expected to rule on all four appeals later this week. Brown is accused of using part of his clothing allowance each of the past three years to buy items not allowed under the policy. More specifically, on several occasions he bought biker shorts for use in his role on the bicycle patrol and white athletic shoes for use in personal workouts. In addition, Brown bought a $200 pair of boots this June and returned them in July, after the end of the fiscal year when receipts are due to the city. Brown later repurchased the same boots just before he was called in for an interview in the investigation.

On Monday, Brown testified that it is required that officers be in good shape to perform their duties on the bike patrol. He bought white athletic shoes, rather than the black shoes required for use on duty, to work out in his off hours. "I intended to get new shoes that I use for working out for the purpose of staying in shape for the bike patrol and for our annual physical fitness test," Brown said.

Ahlstrom testified that he has never heard of any other officer turning in receipts for personal workout gear and that it was definitely not an acceptable use of the uniform allowance. He also said Brown had marked the receipts for white shoes as "bike patrol shoes" even though white shoes are not allowed on the job. Brown had purchased the athletic shoes in the past several years. He said he had turned receipts for them in the past and it hadn't been questioned. "As far as I know, that receipt goes across the chief's desk and is accepted or not accepted," Brown said.

City Attorney Susan Staudt said the fact he had gotten away with unapproved items in the past didn't make it right. She said it would be difficult for the chief and police department secretary to examine the large volume of clothing allowance receipts in enough depth to see if shoes purchased for the job were the regulation black or another, unacceptable, color. As for the boots, the defense argued that what Brown did was similar to what happened with Ryan Bellis, who was not fired by the department.

Bellis had bought a pair of boots in June as well. He testified that he didn't open the boots, which he bought online, until after the fiscal year ended. When he tried them on in June, they didn't fit. Bellis returned the boots and purchased the same pair of boots one-half size smaller. The police department demanded Bellis repay the money he claimed for the boots, as the repurchase was made after he had already received his clothing allowance for 2007.

Ahlstrom said, to him, the cases were clearly different. He said Bellis returned the boots because they weren't the right size. Ahlstrom believed Brown had no intention to keep the boots when he bought them. He said Brown had the history of buying unapproved athletic shoes and bicycle shorts, and that Brown had repurchased the boots only for the purpose of clearing himself in the investigation.

In their closing statements, Staudt and defense attorney Cheryl Weber wrapped up arguments made over six days of hearings in the cases. Weber argued that none of the officers would be fighting for their jobs now if the city had created a better clothing allowance policy. "This is not a policy that is well written. This is not a policy that is well understood," Weber said. She said the policy has been verbally altered for different classes of officers, but those changes never made it into the written policy.

The three-member commission was presented Monday with receipts for every Cedar Falls officer for the past three years. The receipts filled two bank boxes. "When you take the time to look through those receipts you will see an unbelievable array of descriptions of clothing," Weber said.

Weber noted that there was nothing in the policy regarding returns and that enforcement of the policy was not consistent. She played off of Staudt's consistent remarks that police officers carry a great deal of responsibility and authority. "That power and authority starts at the top. If you aren't going to put out a policy that is understandable that can be followed, then correct the policy, don't terminate the officers," Weber pleaded to the commission.

Staudt told the commission that the defense arguments ignore common sense. "Blaming the city for trusting its officers and blaming the police chief for not writing a 13-page policy is just beyond reason. It makes no sense here," Staudt said. Staudt said that the department had to trust officers to fill out receipts for items that met the policy and would actually be used in the line of duty. She said the police chief did what he had to do to ensure the integrity of the police department. "Push the line and push the line and pretty soon there is no line," Staudt said. To her, it all comes down to officers being responsible for their actions.

"The days of the good old boy system are gone. The public requires the utmost accountability of its police officers," Staudt said. "If they're going to hold all of us accountable, they better be beyond reproach. They better have the utmost integrity with how that money's spent."

Contact Jon Ericson at (319) 291-1402 or jonathan.ericson@wcfcourier.com.

Waterloo/Cedar Falls Courier
 
Retrieved November 1, 2006 from  http://www.wcfcourier.com/articles/2006/10/31/news/breaking_news/doc454750c479a66178403612.txt

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Three of four officers fired

By Courier Staff, 11/07/06

Cedar Falls, Iowa --- The Cedar Falls Civil Service Commission has upheld the firings of three Cedar Falls police officers, allowing the fourth to keep his job with a two-day unpaid suspension.
The committee made its ruling on the four Cedar Falls police officers in a brief hearing Monday afternoon in Cedar Falls City Hall.

All four officers were present --- Joel Oltrogge, Holly Pohl, Brad Brown and Josh Atteberry.
All four were appealing their Sept. 13 firings by Chief Rick Ahlstrom.

The commission upheld the firings of Oltrogge, Pohl and Atteberry, making no further comments other than to say they agreed with the findings of the chief. The commission modified the punishment of Brown, giving him a two-day suspension and ordering him to pay back to the city for a pair of boots and two pairs of shoes he purchased that was not allowed under city policy. That amount comes to $343.97.

Brown will get back pay from his Sept. 13 firing, except for the two days.

Oltrogge was accused of having misused his clothing allowance the past three years. In the 2005 fiscal year, he allegedly bought clothing items, then returned them and purchased items such as flashlights, a gear bag and handcuffs. The $475 annual clothing allowance is intended for use only for uniforms and required work clothing expenses.

Atteberry was accused of misusing the $475 annual clothing allowance on two separate occasions. He had submitted receipts in the closing days of fiscal years 2004 and 2006 to qualify for the clothing allowance. In both cases, Atteberry returned the items in July. Officers are expected to repay any unused portion of the clothing allowance if they do not submit receipts by the final day of June.

An internal investigation by the Cedar Falls Police Department found Pohl had made returns on
items for which she had submitted receipts in the 2003, 2005 and 2006 fiscal years. In 2006, Pohl submitted receipts in the last month they were allowed for more than $500 in items. She would later return all of those items, saying they didn't fit. She would purchase more items from a different supplier in July, only to return some of those items because of style or size problems.
In Brown's case, city officials testified earlier that in 2006, Brown purchased a $200 set of boots from Scheel's then returned them for a refund. Brown, who served on the bike patrol, claimed some of the items as bike patrol items.

The city had argued that while other officers have returned items, there is a difference between what they did and what the four officers did. They say the officers who were fired showed a clear intent to defraud the city.

Throughout the entire hearing, attorneys for the officers, Tim Luce and Cheryl Weber, tried to show the clothing allowance policy lacked any language regarding returned items, and that departmental discipline has been inconsistent. Luce argued that the city's policy needed to change.
 
Retrieved November 8, 2006 from http://www.wcfcourier.com/articles/2006/11/07/news/metro/doc454fc7c2ba137733074542.txt

Posted by Dr. Kardasz at 12:58 PM | Permalink

Excerpted from Ethics Newsline ™ (www.globalethics.org/newsline/) A publication of the Institute for Global Ethics

October, 2006

In letter obtained by Financial Times, Buffett tells his senior staff to act as though what they are doing was going to be printed on the front page of a newspaper

Billionaire Warren Buffett last week used plain talk to warn his senior staff about the temptations of ethical shortcuts.

The second-richest man in the United States said that "the five most dangerous words in business may be, 'Everybody else is doing it," according to Forbes.

The Financial Times reported that Buffett ordered top managers at his Berkshire Hathaway Group to crack down on unethical behavior, citing the recent spate of allegedly backdated stock options in various high-tech industries as an example of "bad behavior."

The Times said it secured a memo in which Buffett warned that some misbehavior is inevitable in his 200,000-employee company, "but we can have a huge effect in minimizing such activities by jumping on anything immediately when there is the slightest odor of impropriety."

"Berkshire's reputation is in your hands," Buffett added.

According to a report from Bloomberg, Buffett warned that good corporate behavior goes beyond simply adhering to the letter of the law. He also told executives they must be comfortable with their actions if they were printed "on the front page of a newspaper."

Sources: Bloomberg, Oct. 10 -- Forbes, Oct. 10 -- Financial Times, Oct. 10 -- CNN, Oct. 10.

For more information, see: Related Newsline story, July 24 -- Related Newsline story, Jan. 16 -- Related Newsline story, June 6, 2005.

http://www.globalethics.org/newsline/members/issue.tmpl?articleid=10160618460184

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Institute for Global Ethics, Camden, Maine 04843

Posted by Dr. Kardasz at 11:30 PM | Permalink

By Ian Austin, The Province, 11/03/06

Drunk-driving officer got wasted with colleagues 

West Vancouver Police Department Chief Scott Armstrong yesterday defended Const. Lisa Alford, who was arrested for drunk driving last year and is now up for a promotion. Armstrong said off-shift drinking at the station was once a common practice.

Const. Lisa Alford was drinking with fellow officers in the West Vancouver police station before she rear-ended a car and blew nearly three times the legal limit for alcohol.

A chagrined West Vancouver Police Department Chief Scott Armstrong said yesterday that such get-togethers involving drinking at the station were regular occurrences. In fact, he attended a few himself before banning the practice after Alford's accident and drunk-driving charge last Nov. 26. Armstrong continued to defend Alford, who is being recommended for promotion despite the drunk-driving conviction.

"Lisa Alford remains professional and dedicated to her job," Armstrong said yesterday. "She is highly respected by her department, despite her poor judgment shown last November. "When disciplinary measures are necessary, my approach is to correct and to educate the police officer rather than blame and punish."

Armstrong said he could do nothing to prevent Alford, who has been with the force five years, from applying for a promotion. He said Alford got the top mark on an exam taken by 10 applicants for promotion, followed by a sergeants' roundtable and an in-depth interview with three staff-sergeants.

He said Alford ranked No. 2 overall, and is second in line for a promotion to corporal.

Alford, 30, blew readings of .21 and .22 -- the legal limit is .08 -- and pleaded guilty to drunk driving on Jan. 25. She lost her licence for 14 months and was fined $600. Armstrong said the constable made all the right moves after her arrest. "One, she sought me out immediately on the following Monday morning . . . and explained the accident and her error. "Two, she approached individual officers and staff members that same day to inform them of her actions. "Three, she acknowledged that she had made a poor decision." Because she had an "unblemished record" before the arrest, Armstrong backs his constable.

"When I look at Const. Alford's record, I see a woman of integrity and accountability," said the chief. "She knows what she did was wrong and regrets her actions significantly. "It is how she has dealt with the consequences of her actions that resulted in the eligibility for promotion if there is a position available within the next three years. "As I'm sure you're aware, nobody is infallible."

Armstrong couldn't say whether the staff-sergeants who recommended Alford for promotion were drinking with her in the police station the night she was arrested. The drinking occurred after their shifts were over, he said. "Const. Alford is one of the best constables we have in this department," the chief said. "She made a terrible mistake, and she's paying the consequences now." When asked by reporters how the public will react to the Alford affair, Armstrong answered testily: "I guess it depends on what spin you put on it."

West Vancouver Mayor Pam Goldsmith-Jones, who chairs the police board, said she's concerned about police officers drinking in the police station. "That's a serious concern," she said. "The municipality has a zero-tolerance for taking drugs or alcohol at work, or in the workplace after work. "I think it's probably something that the [police] board will be discussing."

iaustin@png.canwest.com

Retrieved November 3, 2006 from http://www.canada.com/theprovince/story.html?id=d0170f2b-9966-4742-bb98-550f652a7d9a&k=74467

Posted by Dr. Kardasz at 09:22 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?

2. Which decision making process might have prevented the accused from making the wrong decision?
     a. Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Evansdale, Iowa - Police Chief Fired
 
From KWWL-TV, 11-01-06

Evansdale Iowa - has learned that Evansdale Police Chief Mike Burke has been fired, effective immediately. The firing came during a special Evansdale City Council meeting tonight, and follows a 'no confidence' vote earlier this month from all six members of the Evansdale Police Union. Evansdale Mayor John Mardis told City Council members tonight that he, too, no longer had confidence in Chief Burke's ability to lead the Evansdale Police Department. Mayor Mardis told the council of his decision to remove Burke as Police Chief, and the City Council followed with a unanimous, 5-0 vote.

Mike Burke was Evansdale Police Chief for amost ten years, but came under scrutiny recently, after a confiscated power washer was discovered in the Chief's squad car parked at his home.  Chief Burke denied stealing the power washer, saying he already owned two washers.

The Iowa Division of Criminal Investigation cleared Burke of any wrongdoing, but the union members said the whole incident had cast a black cloud over the integrity of the Evansdale Police Department. Mayor John Mardis says Union President, Randy Weber, will continue as the acting Police Chief. The Civil Service Commission, meanwhile, will begin the search for a new Evansdale Chief of Police.

Retrieved November 1, 2006 from http://www.kwwl.com/Global/story.asp?S=5616676

Posted by Dr. Kardasz at 04:56 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?

2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Raleigh, N.C., - 2 Charged In Raleigh Police Double-Dipping Probe

From WRAL.com, Reporter: Amanda Lamb, 11-01-06

Raleigh, N.C. -- A Raleigh police lieutenant and a retired police sergeant were charged with larceny Wednesday following an investigation into officers working off-duty jobs while they were still on patrol. Former Sgt. David Murphy and Lt. Charles Bryant were charged in connection with the allegations of double-dipping after months of investigation by the Raleigh Police Department and the Wake County District Attorney's Office.

"The (police department) sent over (its findings) and asked us to look at specific cases. We did review those cases," said Wake County Assistant District Attorney Susan Spurlin. "These are the only two in which we thought it was appropriate to bring criminal charges." Both were given criminal summonses to appear in court on Nov. 30.

Murphy, who retired on Aug. 1 after 27 years of service, is charged with one count of misdemeanor larceny. Bryant, who has 25 years of service, is charged with three counts of misdemeanor larceny. He is suspended with pay pending the outcome of the administrative investigation, Raleigh police spokesman Jim Sughrue said.

"Police officers are not above the law, and the department has a responsibility to act when potential criminal wrongdoing is found," Sughrue said in statement released Wednesday afternoon. "The department will assertively discipline those who violate the law or departmental regulations. Nothing is more important in our business than integrity."

The charges stem from an internal police department probe begun after a routine audit in May uncovered irregularities in off-duty employment records. WRAL had learned six officers were being investigated for working an off-duty security job when they were supposed to be on the clock for the department. That administrative investigation into the six officers' alleged double-dipping is still under way, and Raleigh police would not comment further on the matter Wednesday.

"Law enforcement agencies standards have to be high, and the Raleigh Police Department is going to hold itself to the highest possible standards," Sughrue said. The audit of work records since January 2005 showed 104 officers compiled 150 violations, almost half of which involved working more than 14 hours a day both on- and off-duty.

Sixty violations involved officers' not having a valid contract, and 19 were determined to be double-dipping by working a security job and patrol duties at the same time. The police department has said it has already made changes to its off-duty system and intends to make more to prevent future incidents.

"It's my understanding that they've made some changes to the way they do things at the Raleigh Police Department, so I would not expect these charges to arise again," Spurlin said.

http://www.wral.com/news/10212378/detail.html?rss=ral&psp=news

Posted by Dr. Kardasz at 04:36 PM | Permalink

By Sue Lindsey, Associated Press Writer, 11/02/06

A sheriff and 12 of his uniformed employees have been indicted in a racketeering case that claims drugs seized from criminals were being resold, sometimes out of a sergeant's home, court records unsealed Thursday show.

The 34-count indictment also charges a postal worker, a probation officer and five citizens. William R. Reed, one of the indicted citizens, told investigators he was a middleman in the distribution ring and paid a sheriff's sergeant to use the house he owned for drug distribution, according to the indictment. Reed began cooperating in the investigation after he was arrested last year on charges of possession with intent to distribute narcotics.

The indictment alleges that, starting in 1998, drugs seized by the Henry County Sheriff's Office have been sold to citizens like Reed for distribution. It says the drugs included cocaine, steroids and marijuana.

Sheriff Frank Cassell was charged with impeding the investigation by the FBI and federal drug enforcement agents. Others named in the indicted issued Tuesday face charges including racketeering conspiracy, firearms charges, narcotics distribution, obstruction of justice and perjury.

Cassell has been sheriff since 1992 in the rural county of about 58,000 residents along the North Carolina line. The area is a former textile and furniture region that has fallen on hard times with the closing many factories. The sheriff's office has 122 employees, according to its Web site.

Retrieved November 2, 2006 from http://news.yahoo.com/s/ap/20061102/ap_on_re_us/sheriff_indicted_4

Posted by Dr. Kardasz at 05:30 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

South Auckland, New Zealand - Officer's blows 'shame' the force
 
By James Ihaka, The New Zealand Herald, 11/01/06
 
A former South Auckland police officer who repeatedly punched a handcuffed man in the back of a patrol was told by a judge he had brought shame to the police. Alexander Grant, 32, was sentenced to 16 months in prison by Judge Simon Lockhart, QC, after being found guilty at trial of injuring with intent to injure. He granted him leave to apply for home detention, saying he had "taken into account the problems you will face in serving a prison sentence". Manukau District Court was told Grant arrested, pepper-sprayed and handcuffed Hemi Koia after being called to a fight at Mr Koia's Manurewa home in July 2003. Grant placed a verbally abusive Mr Koia in the back seat of the patrol car and asked him how it felt now he was not the one in control. He then punched and elbowed Mr Koia up to 20 times, at one stage knocking him unconscious and leaving him bleeding from the nose and spitting blood.
 
Although Judge Lockhart said there was a "degree of provocation", he condemned the assault as "cowardly and excessive". "You have brought disgrace to the police force and endangered the integrity of the police," he said. "In any event, you have to accept that no blows should have been struck at all. Here was a man who was handcuffed and quite unable to protect himself from assault and quite clearly you assaulted him. Such conduct has to be denounced to deter other people from committing the same or other offences."
 
Speaking after yesterday's sentencing, Detective Senior Sergeant Neil Grimstone said he agreed with the facts presented in court and said it was not a good look for police.
"At the end of the day it was not a good day for New Zealand police but it was a worse day for Alex Grant." Grant's sentencing follows the conviction of former South Auckland senior sergeant Anthony Solomona for assaulting a 17-year-old on the forecourt of a Manurewa service station in 2005. His heavy-handed policing techniques were criticised by Judge Bruce Davidson, who condemned a wider "sick" police culture.
 
An independent inquiry did not find evidence of a national police culture of violence but said the now-disbanded Counties Manukau emergency response group had degraded people in custody.
 
Defence lawyer Peter Boylan said he had received no instruction from Grant to appeal against the sentence, but would not comment further.

Retrieved November 1, 2006 from http://www.nzherald.co.nz/section/print.cfm?c_id=1&objectid=10408569

Posted by Dr. Kardasz at 05:23 PM | Permalink

10-30-06 The Associated Press

Salt Lake City, Utah -- Utah police officers most frequently lose their certification or are suspended from their jobs after sexual misconduct offenses.

Officers from agencies small and large commit sex offenses more often than any other offense, including excessive force, falsifying reports or driving under the influence, according to data from the state's Peace Officers Standards and Training Council (POST).

Among the offenses: rape, attempted sodomy; child sex abuse; and having sex with inmates, parolees or people on probation.

An analysis of records by The Salt Lake Tribune showed that of 94 officers whose certifications were revoked between 2000 and 2005, 42 were accused of sexual offenses. Over the same five year period, another 22 officers were suspended for the same reason.

In another 1,000 disciplinary cases reviewed by the POST Council between 1991 and 2003, 212 cases -- or 21 percent -- included sexual offenses. Only 12 complaints of excessive force were investigated during the same 12-year period, records show.

This year alone, POST has decertified corrections officers in Davis, Millard and Washington counties, and a South Salt Lake police officers for sexual offenses.

"It has ballooned in the last couple of years, and it's alarming to us. We're very concerned about the trends," said POST Director Rich Townsend.

But not all the cases result in criminal prosecution. As Townsend explains, the offenses may be ethical violation, but they don't always fit into criminal offenses defined by the state.

And some violations never make it as far as POST. Some police chiefs and sheriff fail to report misconduct, Townsend said.

"Law enforcement needs to be concerned," Townsend said. "Law enforcement administrators better wake up and be concerned because, again, so much hope is placed in the integrity of the profession."

Retrieved October 31, 2006 from http://www.heraldextra.com/content/view/198302/

Posted by Dr. Kardasz at 05:19 PM | Permalink

Delta Democrat Times, October 30, 2006, By Eloria Newell James / elorianewelljames@ddtonline.com
 
Greenville, Mississippi - Local law enforcement officials say the recent rash of arrests and guilty pleas of Mississippi law enforcement officers have not affected their departments. However, they all acknowledged that the recent events have questioned law enforcement's integrity.

Ruleville Police Chief Ronald Durelle Robinson pleaded guilty Thursday to a federal charge in U.S. District Court in Oxford. Robinson and Ruleville Assistant Police Chief Larry Mitchell were scheduled to stand trial on federal charges in January on drug and extortion charges. Thursday, Robinson admitted that while employed as chief the Ruleville Police Department, he obtained a cash payoff of $3,000 to which he was not entitled, in exchange for not pursuing drug and gambling related charges against an individual and for providing protection for an individual that he believed to be distributing crack cocaine.

A week ago, Yazoo City Police Chief Ceasar Felton turned himself in after being indicted on five counts of embezzlement and one count of obtaining property by false pretense for allegedly persuading a woman to sign a 10-year-old Hyundai over to him to settle apparently fictitious impound fees.

The following day, Tupelo Police Capt. Robert Hall was arrested on obstruction of justice and accessory-after-the fact charges for allegedly mishandling an accident that left a young boy seriously injured.

Local officials said these incidents do not represent the overall law enforcement profession. “I've always felt that if you have law enforcement officials, judges and people in places of integrity, and something happens, it affects us all in some way,” Leland Police Chief Eddie Johnson said. “It's a black eye for the whole profession of law enforcement.”
 
Greenville Police Chief Lester Carter said integrity is needed in all positions. “You have to have good integrity when you are put in these positions of authority,” he said. Washington County Sheriff Milton Gaston said it's important for officials to uphold their oath and responsibilities. “We all take an oath. So, we just need to do what we are supposed to do,” Gaston said. “We need to be out here to do a job. We don't need to get caught up in any illegal activity. We need to uphold our responsibilities.” Carter said he believes the community must look at the individual situations. “I think they should look at the person and not the whole profession,” he said. “We are not responsible for other people's actions.” Johnson agreed. “Each community should judge its law enforcement agency on its own merit,” the top Leland cop said. “Things like this attack the trustworthiness of law enforcement. At all times, we have to work on our image and do what we are supposed to as law enforcement officers.” Gaston said it's important for officials to realize why they are in office. “We need to be out here to do a job,” he said. “Our job is to serve and protect the people.”

Retrieved October 30, 2006 from http://www.ddtonline.com/articles/2006/10/29/news/news6.txt

Posted by Dr. Kardasz at 03:57 PM | Permalink

By Ralph Vartabedian, Richard A. Serrano and Richard Marosi
The Baltimore Sun, October 29, 2006

El Paso, Texas -- Bribery of federal and local officials by Mexican smugglers is rising sharply, and with it the fear that a culture of corruption is taking hold along the 2,000-mile border from Brownsville, Texas, to San Diego.

At least 200 public employees have been charged with helping to move narcotics or illegal immigrants across the U.S.-Mexican border since 2004, at least double the illicit activity documented in prior years, a Los Angeles Times examination of public records has found. Thousands more are under investigation.

Criminal charges have been brought against Border Patrol agents, local police, a county sheriff, motor vehicle clerks, an FBI supervisor, immigration examiners, prison guards, school district officials and uniformed personnel of every branch of the U.S. military, among others. The vast majority have pleaded guilty or been convicted.

Officials in Washington and along the border worry about what lies below the surface. "It is the tip of the iceberg," said James "Chip" Burrus, assistant director of the criminal investigation division of the FBI. "There is a lot more down there. The problem is, you don't know what you don't know."

What is known - from court cases, other public records and dozens of interviews - is alarming enough. Some schemes have displayed considerable sophistication among Mexican drug lords, and their success shows a discouraging willingness by public employees to take tainted money.

Though America's southern border may evoke images of a poor backwater, it is alive with vast amounts of ill-gotten wealth, shadowy organizations that ply the waters of the Rio Grande, and brazen schemes that seem borrowed out of Cold War espionage.

Perhaps the most revealing example of smugglers' savvy was their cultivation of the highest-ranking FBI official in El Paso, Special Agent in Charge Hardrick Crawford.

FBI agents thought they had turned alleged drug kingpin Jose Maria Guardia into an informant, but Guardia was working as a double agent for the Mexican drug lords. He drew Crawford into a personal friendship, and provided a job for Crawford's wife, a country club membership for the couple and family trips to Las Vegas.

In August, after the chummy relationship became public, Crawford was convicted on federal charges of trying to conceal his friendship with Guardia. He could be sentenced to up to five years in prison and fined a half-million dollars.

Drug rings once planted a mole in a federal agency, and officials worry others are lurking. The rings have entangled U.S. agents in sexual relationships. And they have amassed files on individual U.S. agents, with details about their finances, families and habits - even the kind of bicycles their kids ride.

"They hire guys to watch the narcotics agents," says Lee Morgan II, who retired as the head of the U.S. Immigration and Customs Enforcement office in Douglas, Ariz., this year. "They know what time we get up in the morning. When we go to work. What kind of car your wife drives.

"We had an informant tell us he saw a film of us as we exited our office that was being shown in Mexico. They had our license plate numbers." The Mexican criminal networks can afford lavish payoffs. Bribery payments have topped $1 million.

Paul K. Charlton, U.S. attorney for Arizona since 2001, is convinced border corruption is worsening - and jeopardizing the trust that U.S. communities place in their government. "The concern for me is that we can very quickly develop a culture that would be more accepting of that kind of misconduct," Charlton said. "You only have to look south of the border to see what happens when a certain level of corruption is accepted."

Officials warn that the risk of public corruption will grow as Congress and the Bush administration respond to public demands to improve border security. U.S. Customs and Border Protection, a part of the Department of Homeland Security, wants to add 10,000 employees to its work force of 42,000, most of whom are already stationed along the Mexican border. "If you increase the number of people on the border, you are going to get more corruption," Burrus said. Stepped-up border security also makes corruption all the more necessary to smugglers.

"As we tighten up on the border, it will make it harder for the traffickers to get across," said Johnny Sutton, U.S. attorney for Texas' Western District. "You have to be creative about getting your poison into the U.S. Obviously, corrupting the officials is a part of it."

Critics blame sloppy hiring practices, inadequate training and weak internal controls. Agents are vulnerable because morale is "pathetic," stemming in part from illegal immigrants' phony allegations that have unfairly ruined careers, said T.J. Bonner, head of the union for Border Patrol agents.

Border Patrol Chief David V. Aguilar rejects those claims, saying morale is good because there is more staffing and better equipment. Wages for public employees in the poor border economies are respectable; Border Patrol agents start at about $35,000 a year and can exceed $65,000 with overtime. Aguilar said the Border Patrol had increased ethics training at its academy and set up anti- corruption programs in the field, and he said it conducted new background checks on its agents every five years. "We are doing everything we can to root out these agents, these criminals, within our organization," Aguilar said. But such efforts sometimes stand little chance against the greed of weak agents and the power of smugglers with money to spread around. "They are going to try to find ways to breach our enforcement efforts," Aguilar said. "They will try to flank us, tunnel us, fly over and to corrupt our efforts." While corruption is growing, the number of internal investigators overseeing a vastly expanding work force is stagnant or even shrinking. Aguilar, who must rely on other agencies to investigate the Border Patrol, has demanded more prompt and thorough investigations. Others complain that infighting within the Department of Homeland Security has hobbled enforcement.

Michael Maxwell resigned this year as head of internal affairs for the U.S. Citizenship and Immigration Services after clashing repeatedly with Homeland Security over a shortage of resources. When he left, 3,000 allegations of misconduct, including 100 reports of bribery, were uninvestigated, he said. "Nobody is seriously addressing corruption," Maxwell said. "The corruption is pervasive." The narcotics networks sometimes receive direct help from local Mexican governments. Last year, federal prosecutors in Arizona charged Police Chief Ramon Robles-Cota of Sonoyta, Mexico, a small town near the Lukeville border crossing, with drug trafficking and bribery. His swings into Arizona were chauffeured by one of his officers, Julio Cesar Lozano-Lopez, who admitted in federal court that he drove his chief into Arizona twice in 2005 to meet with Border Patrol agents and spread bribe money around. The chief is in federal custody in Arizona, awaiting trial.

In a 2005 wake-up call about the scope of border corruption, a major FBI-led sting in Arizona netted 71 guilty pleas by National Guard members, state prison guards and a federal inspector. Known as Operation Lively Green, the sting demonstrated that large numbers of government employees at the border were willing to take a bribe. But nobody in government has measured all the criminal cases across every jurisdiction, agency and state.

The Times examined case files, public announcements and other public records dating to 2004 and interviewed officials in every U.S. attorney's district along the border as well as local and federal law enforcement agents and key county prosecutors.

In the past, border corruption was mainly associated with narcotics. But increasingly, immigrant smugglers - who command huge fees from people trying to cross illegally into the U.S. - are also making payoffs. The Sept. 11 terrorist attacks called attention the risks posed by human smuggling: Though no terrorists are known to have slipped across the Mexican border yet, many law enforcement officials are deeply worried that corrupt inspectors might let it happen.

"Who's to say a potential terrorist can't get in that way?" asks Jack W. Hook, a special agent in charge of the Department of Homeland Security's inspector general's office in San Diego.

The escalating corruption among federal employees has drawn charges that Homeland Security's screening and training of new employees is sloppy.

Even the most ambitious review of job applicants won't necessarily ferret out all of the problems. Many convicted agents have said financial pressures and other personal dilemmas drove them to cross the line. Smugglers often know how to push the right button.

Agent Aldo Erives told a judge last year that the drug dealers knew that he hitchhiked to his classes at a local college. "Come on," he said they told him, "you can buy a car if you pass a load through the checkpoint."

Ralph Vartabedian, Richard A. Serrano and Richard Marosi write for the Los Angeles Times.
The Baltimore Sun

Retrieved October 30, 2006 from http://www.baltimoresun.com/news/nationworld/bal-te.border29oct29,0,5631777.story?coll=bal-nationworld-headlines
 

Posted by Dr. Kardasz at 03:48 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?

2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Albany, New York -  Ethics Commission says Comptroller Violated State Law

By Mark Johnson - The New York Sun, Associated Press, October 23, 2006

Albany, New York - Comptroller Alan Hevesi violated state law by failing to pay the state nearly $83,000 for the use of a staffer to drive for his ailing wife despite a 2003 advisory from the state Ethics Commission that he should, the commission ruled Monday.

"The Commission concludes that there is reasonable cause to believe that Mr. Hevesi knowingly and intentionally used his position as New York state comptroller to secure unwarranted privileges for himself and his wife, and in doing so, pursued a course of conduct that raises suspicion among the public that he likely engaged in acts that violated the public trust."

Mr. Hevesi, a former Assemblyman seeking a second four-year term as the state's chief financial officer, acknowledged last month that he had not paid the state back for the cost of having his ailing wife driven around by a state employee since 2003. Hevesi later apologized publicly and repaid the state $82,688 for the worker's service.

The Queens Democrat paid up earlier this month only after Republican challenger J. Christopher Callaghan went public with the issue.

Mr. Hevesi subsequently sent a letter to the ethics commission for a review of his actions. After Monday's ruling, he could face a fine, suspension or removal from office. Commission spokesman Walter Ayres said the legislature, where Mr. Hevesi served for 22 years, will determine the penalty.

He also faces a criminal probe by Albany County District Attorney David Soares. Mr. Hevesi had no immediate comment Monday.

The same employee who was driving Carol Hevesi around did the same duty for Hevesi when he was New York City comptroller. Hevesi would end up paying the city back about $6,000.

A WNBC/Marist College poll released Friday showed Hevesi leading Callaghan 62 percent to 22 percent among likely voters. Another 16 percent were undecided.

Still, 51 percent of those surveyed said Mr. Hevesi acted unethically in failing to pay the state for the driver's service. Another 37 percent believed he did something illegal. Only 7 percent of likely voters thought he did nothing wrong.

Retrieved October 25, 2006 from http://www.nysun.com/article/42090

Posted by Dr. Kardasz at 10:33 PM | Permalink

Dr. Kardasz: The following story alleging retaliation against Whistleblowers, a.k.a. lamplighters, from the Long Beach, California Police Department is interesting. For more information about Whistleblowing see my page: http://www.kardasz.org/Whistle_Blowing.html

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

Beyond `Lobstergate'
Police: Officers say their lawsuit speaks to deeper issues of leadership in LBPD. 
By Tracy Manzer, Staff writer, Long Beach Press Telegram 
10/21/2006
 
Long Beach, California - For the officers who blew the whistle on fellow Long Beach cops allegedly caught diving for lobsters while patrolling the Port of Long Beach, the problem runs much deeper than unauthorized fishing trips.

For Sgt. David Gage and Officer Warren Harris, the mention of "Lobstergate" - and all the jokes and snickers that accompany it - trivializes what they feel is a deeper, darker problem.

"This isn't about Lobstergate, this is far more serious," Gage said. "This has shown me that the leadership within the Long Beach Police Department failed to fulfill its duty when it was presented with a problem, that there is no honesty, integrity or respect in this administration."

Now Gage, Harris and Officer Craig Patterson are embroiled in a legal battle for their careers and reputations. The three - all veterans of the force - have sued the city, claiming they suffered retaliation and personal threats for calling attention to the illegal actions of fellow officers.

In their suit, the officers said that in 2004 they were working for the Police Department's Port Security Unit - a team assembled in the aftermath of 9/11 and funded partially through government grants - when they reported a group of fellow officers in the unit had used a police boat to dive for lobsters in the Port of Long Beach.

"You've just scratched the surface," Harris said in a recent interview. "There is so much more going on here than some unauthorized dives."

Police Chief Anthony Batts, who is attending a national police chief's conference in Boston, could not be reached for comment. Deputy Police Chief Tim Jackman said Thursday he could not discuss the allegations because they involved personnel matters and pending litigation. "We will litigate this case through the courts, not through the newspaper," Jackman said.

All three officers involved in the lawsuit said they were told by superiors not to discuss the case because of an ongoing investigation by the Police Department and because of their pending litigation. But two of the three spoke briefly about their experience in trying to get police and city officials to deal with the problem, as well as their concerns that the police chief and his command staff conspired to cover up the wrongdoing of the other officers to save the department and city from embarrassment.

"I can't discuss (specifics of) the case, but I will tell you that every time I tried to get someone to deal with the problem, they chose to cover it up," Harris said. "This started out as such a simple problem, but it's so much more now."

The unpermitted scuba dives, which occurred in the fall of 2003, resulted in transfers and letters of reprimand for at least four Long Beach police officers. An internal investigation was completed in January 2005. Initially, three officers and a sergeant were suspended, but those suspensions were reduced to letters of reprimand. The attorney who represented the accused officers said the shift in punishment was due to the allegations being blown out of proportion.

But in a four-page letter Gage sent to newly elected Mayor Bob Foster on Sept. 13, the sergeant alleged blackmail by one of the accused officers.

"The most alarming thing in this entire case was the fact that one of the accused officers made a statement to fellow accused officers, that nothing was going to happen to anyone because he had taken a crime report listing a high-ranking police official as a suspect and if he was embarrassed by this investigation, he would embarrass the Police Department and the City of Long Beach," Gage wrote.

Despite his efforts and conversations with city and police officials - including Deputy City Prosecutor Sharon Panian, Deputy City Attorney Christina Checel, City Prosecutor Tom Reeves and Deputy Chief Ted Hulsey (now retired) - he said little was done to address the illegal actions of the accused cops and nothing was done to stop the threats and retaliation suffered by Gage, Harris and Patterson, who testified against the accused officers in an Internal Affairs investigation. Panian and Hulsey declined to comment on the case, and Checel and Reeves could not be reached for comment.

Although they had been considered among the department's best and brightest when they were chosen to serve in the newly formed port unit, the three officers became the subject of negative reviews and were passed over for transfers and promotions, they claim in court papers.

Patterson currently serves in the Management of Criminal Investigations Unit in the Detective Division. Officers familiar with the MCI unit say it's the closest thing to Siberia that can be found in the department. One officer, who spoke on condition of anonymity, compared the work to that of a file clerk.

"They can't do any investigations themselves, they only take all the other detectives' work and put it all together to hand off to the DA," he said. "If there's a black hole, MCI is it."

Gage was placed on medical leave due to knee problems, and several members of the Police Department said he will retire once his leave is up. "That was news to me," Gage said Thursday. "I never said I was retiring."

Harris said Thursday that he put in for a dozen transfers after the case blew up and life in the unit became unbearable. He was passed over for every one, he said, and ended up taking a job in patrol in the South Division. The last four years of his career, he said, will be spent in a patrol car working nights despite extensive experience in investigations.

Among his professional accomplishments, Harris said, was his work to write the arrest warrants in the murder case of Officer Daryle Black. Harris was also among a team of officers who were part of a task force with LAPD designed to crackdown on the Asian Boyz Gang. The task force, he said, resulted in 16 high-ranking gang members going to prison.

Harris said police and city officials chose to ignore the retaliation he and his colleagues suffered. At one point, he said, he was asked by Lt. John Lembi, in Internal Affairs, what it would take to solve the problem. "I asked for three simple things that wouldn't cost the city a dime," Harris said.

He told the administrative lieutenant he wanted a letter of apology from the department for his colleagues and himself. He wanted the city to adopt a policy that would protect not just police officers, but all city employees, against retaliation if they report unethical or illegal acts by fellow employees.

And he wanted Chief Batts to read the new policy on the city's TV station, to publicly take a stand against such behavior. Harrison said he was told, "It will never happen."

"I told Lembi that they forced us to sue, that the only way they deal with anything is if it hits them in the pocketbook," Harris added. "He said, `It ain't my pocketbook, I don't care what you do."'

Asked to comment on the allegation, Lembi said he could not discuss the case because the conversation took place during an Internal Affairs investigation, and that information is confidential.

For his part, Gage said he was ordered by Jackman not to discuss the allegations made to city and police officials in person and to the mayor in his letter.

The letter, he added, was sent via certified mail to Foster. He does not know how it got passed on to the Press-Telegram. "You have the letter, it's all spelled out there," he said.

"I am embarrassed. I regret getting Officer Patterson and Officer Harris involved in this," the sergeant said. "If you thought they were getting the cold shoulder before, if you thought it was bad before, it's going to be like frost-bite now."

Tracy Manzer can be reached at tracy.manzer@presstelegram.com or (562) 499-1261.  

Retrieved October 23, 2006 from http://www.presstelegram.com/news/ci_4531354

Posted by Dr. Kardasz at 12:28 AM | Permalink

Dr. Kardasz:

It seem that there is never a dull moment in the world of big-city police department politics. Here is an intersting "he-said, she-said" story accusing a top police official of manipulating the disciplinary system. It is interesting to me that the "whistleblower" in this case was also suspended from duty and is also now being investigated.

For more information about whistleblowing, also known as lamplighting, see http://www.kardasz.org/Whistle_Blowing.html

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Pittsburgh, Pennsylvania - Mayor places top police officials on leave - Regan, police commander will be paid while inquiry is conducted

October 13, 2006, By Rich Lord, Pittsburgh Post-Gazette

Saying that staff interference in police discipline "will not be tolerated," Pittsburgh Mayor Luke Ravenstahl yesterday put Director of Operations Dennis Regan on paid leave while city lawyers conduct "a thorough investigation" of recent allegations by a police commander.

He also put the Zone 1 commander who leveled the accusations on paid leave, saying that "will enable us to have the investigation independent of any continuing operations by Mr. Regan or Cmdr. [Catherine] McNeilly."

Could they return after the investigation? "That could certainly happen," the mayor said. "It could certainly go the other way as well."

The move was an effort to get beyond a controversy that started Oct. 2, when the mayor nominated Mr. Regan to the post of public safety director.

That pick drew criticism from the start. It became political kryptonite when Cmdr. McNeilly strongly suggested that Mr. Regan had intervened to quash discipline against police Detective Francis M. Rende, who repeatedly took sick time to work side jobs.

Detective Rende is the brother of Mr. Regan's housemate, city Senior Secretary Marlene Cassidy.

After a 1999 sex act with a woman who had summoned police to address a domestic problem, Detective Rende was warned that any future violation of rules would result in termination.

In the days after Cmdr. McNeilly's accusation became public, city officials said she would be investigated by the Police Bureau, the Office of Municipal Investigations and the Law Department to determine whether she improperly released personnel records.

Yesterday, though, the focus was on the accusation against Mr. Regan.

"Any activity like this will not be tolerated, and we will act accordingly in these cases," the mayor said. "I felt that was a message that needed to be sent, because the residents of the City of Pittsburgh deserve that.

"There can't be any doubt in this city or in my administration about the public safety of our residents, or more importantly the integrity of the police department or the integrity of my administration. Any activity that's not focused on the duty of serving the residents of the City of Pittsburgh will not be tolerated in my administration, and I will act accordingly when the investigation is completed."

Neither Mr. Regan nor Cmdr. McNeilly, wife of former Police Chief Robert W. McNeilly Jr., could be reached for comment.

The move "sends a strong signal to the rest of the work force that Mayor Luke Ravenstahl is in charge and he will act decisively when he needs to," said Council President Doug Shields.

"I think it shows that whenever there's a problem, that Luke's going to look at all sides," said Councilman Jim Motznik.

To some outside of city government, though, the moves gave the impression of continued disarray in the halls of power. In just 11 weeks, the chief of staff, solicitor and finance director have been fired; a mayor has died and a 26-year-old was sworn in to replace him; a police chief has resigned; and now a top aide and a commander have been sent home.

"It sounds to me like it's rather chaotic and it's gotten out of control," said longtime political analyst and consultant William J. Green. "We'll know what kind of a leader [the mayor] is as we see how he recoups."

On Wednesday, Mr. Ravenstahl said he had not reviewed the accusations in detail. By mid-afternoon yesterday, he had, and he deemed them serious enough to warrant an investigation "that should leave no stone unturned," he said.

He told Chief of Staff Yarone Zober to inform Mr. Regan and Cmdr. McNeilly of his decision.

"I wouldn't classify it as an escort, but they left their city facilities," the mayor said. He did not know whether they cleaned out their desks.

He said Acting Solicitor George Specter will decide who will staff the investigation and work on it "on a daily basis."

"I am giving them the authority to look at anything and everything they feel they need to," the mayor said.

Until that's done, Mr. Regan, 53, will get his $89,900 salary, and Cmdr. McNeilly, 48, her $77,927 pay.

The move worsens understaffing in the administration that has persisted since July, and Mr. Ravenstahl said he would announce several new hires, including a police chief, in the next few weeks.

Mr. Regan was a controversial pick almost since the late Mayor Bob O'Connor made his longtime friend and relative by marriage director of intergovernmental relations in January. Mr. Regan previously had run a home improvement company that went bankrupt and had a decade-long problem paying his property taxes.

Mr. Regan was a prime mover behind the firing of Chief of Staff B.J. Leber, Solicitor Susan Malie and Finance Director Paul Leger in July, and was viewed as a bureaucratic foe of Police Chief Dominic J. Costa, who retired two weeks ago.

After Mr. O'Connor's Sept. 1 death, Mr. Ravenstahl elevated Mr. Regan to operations director, but it was the effort to give him power over public safety discipline that proved too much.

Council members -- especially likely mayoral candidate William Peduto -- questioned his qualifications, noting he had no public safety experience. Cmdr. McNeilly's e-mail to council, suggesting interference in favor of Detective Rende, helped prompt the mayor to withdraw the nomination and led to yesterday's announcement.

After Mr. O'Connor's two-month bout with brain cancer, Mr. Ravenstahl inherited an administration that had only been in place for eight months.

"Anybody in this situation would have a very difficult time in this transition, because of how quickly it went down," said state Rep. Don Walko, D-North Side, an early ally of Mr. Ravenstahl.

"From Luke's point of view, it's important that he's decisive and builds his own administration."
(Staff writer Tracie Mauriello contributed. Rich Lord can be reached at rlord@post-gazette.com or 412-263-1542. )
Back

Retrieved October 13, 2006 from http://www.post-gazette.com/pg/06286/729699-53.stm

Posted by Dr. Kardasz at 01:58 AM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Ex-Police Lieutenant Gets Prison Term in Drug Money Case

The New York Times, October 13, 2006, By William K. Rashbaum

A retired police lieutenant who admitted to stealing more than $110,000 in drug cash over three years, all while he supervised 40 narcotics detectives in Upper Manhattan, was sentenced to 14 months in federal prison yesterday for conspiring to launder the money.

The retired lieutenant, John T. Maguire, supervised two detectives who stole money with him and who were later captured on videotape in 2003 robbing a drug courier of $169,000, a crime that led to a sweeping police corruption investigation and the department’s biggest scandal in a decade.

The investigation ultimately implicated as many as 10 current or retired detectives, but only Mr. Maguire, the two men caught on videotape and a third detective were charged with crimes. Another detective has been fired. The department is seeking to fire two others.

Mr. Maguire, who earned a degree from Columbia University, where he studied political science on a basketball scholarship, faced nearly four years in prison. But the prosecutor in the case wrote a letter that cited his cooperation with the investigation and enabled the judge in the case, Carol B. Amon of United States District Court in Brooklyn, to hand down a lighter sentence.

In agonized and remorseful remarks, Mr. Maguire, wearing a blue pin-striped suit and a red tie, apologized for the humiliation, dishonor and pain he had brought upon the Police Department and his wife and three young daughters. The girls and their mother, along with other family members and friends, filled the courtroom gallery’s first two rows.

“I’m ashamed of myself and I live in shame every single day,” he said.

“I knew I did wrong and I confessed to God my sins,” he added, pausing as his voice choked with emotion. “I asked his forgiveness.”

His lawyer, Eric W. Siegle, called the crimes “despicable and horrible.” But he sought to distinguish the 51-year-old Mr. Maguire from the two men caught on the video, Thomas Rachko and Julio C. Vasquez. They robbed people, sometimes at gunpoint, and resold drugs, he argued, while Mr. Maguire just stole drug money from apartments, and in one case $96,000 packed in cereal boxes stashed in a parked car.

Mr. Siegle requested a sentence of probation for his client. But the judge said that while she found Mr. Maguire to be genuinely remorseful, the crimes he committed while in a position of power and authority warranted a prison term.

“He was their commander,” she said early in the proceeding, speaking of Mr. Maguire’s relationship with Mr. Rachko and Mr. Vasquez. “He knew what they were up to. He had the power to stop all this.”

When Judge Amon handed down the 14-month prison term, all three of Mr. Maguire’s daughters began to weep, and the oldest dropped her head into her mother’s lap, shaking with sobs.

Mr. Maguire, who retired in July 2001 after 20 years on the force, worked in a narcotics unit when the three men stole together. Earlier, he had served as a Harlem precinct’s Integrity Control Officer. He forfeited $110,000 as part of his plea.

Last week, Mr. Vasquez was sentenced to six years in prison.

Today, Mr. Rachko faces up to life in prison.

Retrieved October 13, 2006 from http://www.nytimes.com/2006/10/13/nyregion/13cops.html?_r=1&oref=slogin

Posted by Dr. Kardasz at 01:47 AM | Permalink

From The New York Post, October 8, 2006
Excerpt from the book: Circle of Six, by Randy Jurgensen and Robert Cea

BETRAYAL OF A POLICE HERO

October 8, 2006 -In 1972, a young cop was shot inside Louis Farrakhan's Nation of Islam mosque in Harlem. Fearing racial riots, city and police leaders put the brakes on an investigation to appease the people in the streets. Detective Randy Jurgensen refused to give up his quest for justice, arresting one Muslim after a painstaking probe. After that man was acquitted, Jurgensen retired. But he has never given up his belief that light must be shed on the killing and the coverup.

In his new book, "Circle of Six: The True Story of New York's Most Notorious Cop-Killer and The Cop Who Risked Everything to Catch Him," Jurgensen, with co-author Robert Cea, tells his story. WE, the rank and file, were sandbagged by our own - the hierarchy of the NYPD. One of our brother cops, Phil Cardillo, was murdered and subsequently bastardized, then hurried into the ground in a cloak of mystery and dishonor, all in an effort to cover up a purposeful negligence of duty so blatant it defies belief.

In short, we were betrayed by our fathers, the police commissioner, and his deputies. It was the collusion of our own Mayor John Lindsay, Police Commissioner Patrick V. Murphy, Deputy Commissioner Benjamin Ward, Chief of the Department Michael Codd and Rep. Charles Rangel, with Minister Louis Farrakhan of the Nation of Islam - six in total - the Circle of Six. To understand the back-stabbing fully, we have to go back in time, back to one of the most brutal periods in New York history. Back to a time when 10 cops a year were systematically executed in cold and calculated hits, back to one of the most traumatic eras in the storied New York City Police Department's past.

The place: Harlem, New York. The time: April 14, 1972.

11:42 a.m. I was staking out suspected cop-killer Twyman Meyers, of the Black Liberation Army, when my police radio rang out with the most dreaded of calls, a 10-13 signaling a cop in trouble. The first to respond were five-year police veterans, Phil Cardillo, and his partner of four years, Vito Navarra. Neither thought twice that the door to 102 W. 116th St. - which turned out to be the famous Mosque No. 7 - was left unattended and wide open.

When a second car carrying Victor Padilla and Ivan Negron showed up, all four officers walked through those open doors, passed an empty reception desk and ran up toward the second floor.  Halfway up they were met by 20 Muslims, most of them the paramilitary Fruit of Islam (FOI) soldiers or building security. Two sets of metal double doors were shut behind them and dead-bolted.

The cops were trapped, surrounded, and becoming increasingly confused as one of the FOI men screamed, "Allahu Akbar!"  Navarra was kicked down the stairs, and Cardillo was dragged down feet-first. Nearly unconscious, he had the wherewithal to hold on to his weapon as a swarm of hands tried to pull it from its holster-locked position. On the first floor, the beating continued.

11:44 a.m. Patrolman Rudy Andre ran to the front doors where he heard a gunshot. He pulled his service revolver and was jolted by what he witnessed through a window: FOI men stomping on three bloody cops inside. He snatched his radio and screamed, "10-13, 102 West 116th Street!"

Andre tried to open the door as a pool of blood started to form around Cardillo. Andre pulled his gun and fired through the chicken-wired glass portals of the doors. He reached in, slicing his wrist on a jagged edge, and fired three times at the mosque ceiling. The FOI men ran downstairs. Andre led the charge and found Cardillo heading toward death. He didn't realize Cardillo had taken a bullet. The shot that Andre heard from behind the locked doors had come from Cardillo's own gun. One of the FOI men had ripped it from his holster and fired one round into his sternum.

11:47 a.m. I stared at the four bloodied cops being dragged and carried into an ambulance. When the crowd of onlookers saw the battered cops, they burst into a great cheer. I felt an incredible surge of anger pack into my neck. Someone would have to pay for this. I knew the only way was to complete a thorough investigation. I rounded up the cops injured in the mosque from St. Luke's Hospital and headed back to 116th Street.

But the brass had beaten me to it and allowed Farrakhan's army to take control. Navarra stepped into the mosque basement. Several of the FOI men receded further into the rear of the lounge-type area. Chief of Detectives Albert Seedman and the rest of the detectives immediately noticed this. So did Farrakhan.

He stepped forward and in an overly loud and preachy voice he exclaimed: "I cannot guarantee your well-being if you remain inside the house of worship . . ." Rangel suddenly appeared in the basement to deliver a message. He said, Ward wants all police presence out of the building . . . now.

Seedman turned slightly, hesitated for the briefest of moments. "You, right now, are impeding an assault and attempted-homicide investigation. Leave." Rangel lowered his voice and repeated his words. Seedman got face-to-face with Rangel. "Go upstairs and tell Commissioner Ward that the chief of detectives is conducting a show-up."

Rangel fired back: "All due respect, Chief, something's gotta be done. Upstairs is going to be turned into a parking lot if a riot ensues. Lots of people are going to get hurt, including cops. Now, we worked out a deal that all of the detained men will be brought into the 24 Precinct later today for questioning, but right now our priority is the well-being of the cops and the people of Harlem upstairs.

"We worked out a deal. Who's we?" asked Seedman. Rangel grinned, "You know, myself, Commissioner Ward, Minister Farrakhan, and . . ." "And?" asked Seedman. "Well, there aren't too many people above the rank of deputy commissioner, Chief."

As Seedman reached the lobby, he saw 20 FOI men cleansing the hallway, situating the table and chairs, mopping up the blood - Cardillo's, Negron's, Padilla's, Navarra's and Andre's. The crime scene was being erased with every stroke of the mop. Seedman turned to the detective and said, "This case will never be solved."  I pushed my way to the middle of the block. Bricks were still being lobbed off the roof. When I reached Inspector Jack Haugh, he screamed over the crowd, "Randy, someone's going to get killed."

Myself and four other cops charged the roof, barreling out onto tar and asphalt. I lifted my shotgun in the air and screamed, "Everybody off the f- - -ing roof. As the teens split, a high-ranking superior officer, one uniform cop and a local rabble-rouser known as Kenyatta 35X demanded our guns. We were f-ed. All of the NYPD was f-ed. And things were only going to get worse.

The semicircle of people closed ranks and formed a wall in front of the door, which was the one way down. We dropped our heads like fullbacks, squared our shoulders and surged forward. They started to punch, kick and claw at us. I felt a horrific sting below my shoulder. Someone had bitten a chunk of skin out of my back.

We made it to the police car, slamming the doors and locking them. They keys weren't in the car. BOOM! The windshield exploded, covering us in a million fine pieces of glass. If that wasn't enough, burning rags soaked in gasoline were tossed in. BOOM! Another explosion, then another gunshot, then blackness draped over me. I heard myself talk, though it was slurred and incoherent, "I'm shot . . . I'm shot . . ."

On the fifth day, after being treated at St. Luke's, I was made aware Cardillo was going to die. I went to his room and I said my farewell and signed myself out of the hospital. That Monday was Cardillo's funeral. It was, by far, the largest turnout of police personnel I had ever witnessed . . .

It was an amazing show of support - except Lindsay and Murphy weren't there. For the next five years - in spite of my bosses efforts to rein me in - I pursued the case 16 hours a day and made enemies of the brass, the Nation of Islam and Farrakhan.

After interviewing scores of cops, making a replica of the mosque, sifting through hours of video tape of that day and using the FBI to identify members of the Nation of Islam, I finally caught a break when a man called Foster 2X Thomas was arrested for a petty credit-card crime.

I leaned in close, not to intimidate him or anything, just to show I needed answers. "Did you shoot the policeman?"  "Well then, who did? I know you know, and you want to tell me, yes?"  "Lewis shot the policeman."  I had a name. And Foster 2X Thomas had a face to go with the name. "Lewis who?"  "Lewis 17X Dupree; he's the dean of boys."

Our star witness was a devout Muslim from the mosque, who I spent years protecting from the militants who threatened to kill us.  As we approached trial, Farrakhan, never one to miss an opportunity presented by the press, staged peaceful marches by Muslims around the DA's offices. This wasn't going to stop me, and it sure as hell wasn't going to slow DA Jim Harmon down either. Dupree landed a hung jury in his first trial and was acquitted in the second on March 27, 1977. Yes, led by Harmon, we went after Dupree with as much fervor as we had the first time, but the truth of the matter was simple - been there and done that - the public no longer cared. They had all heard of the first hung jury. Why would and should this be any different?

When Foster 2X Thomas was brought in, he gave his testimony as he had the first time. But I could tell in the jurors' faces, their body language, they weren't ready to believe him . . . They came back with a verdict of not guilty. I don't know if it was luck, or complete misfortune, because that was the only day during both trials that Cardillo's widow, Joy, wasn't present.

I looked at him, Dupree. He did it. He got away with murder. And at that moment, as harsh a reality as this is to admit, I wanted to murder him.  After being on trial myself, five months later, I retired on Aug. 17, 1977.

I found myself moving toward the wall of heroes in the lobby of headquarters. I was there to hand over my guns, and officially turn in my retirement papers. I saw the various plaques of the downed officers: Piagentini, Jones, Foster, Laurie, among so many others.

Then I saw Cardillo's plaque on the wall. I remember feeling the irony and duplicity of it all . . .A cop looked up at me and said, "Listen, guy, before you retire, you've got two unpaid parking tickets that have to be paid."

I laughed, asking the cop if I could use his phone. I called my wife, Lynn. She picked up on the first ring. She could barely talk. I told her I'd just heard about Elvis, who had just died. "Are you OK, Lynn?"

"I'm fine Randy. It's OK. When are you coming home?" she asked.  Right now, Lynn, my work is done here."

Retrieved October 12, 2006 from http://www.nypost.com/seven/10082006/news/regionalnews/betrayal_of_a_police_hero_regionalnews_.htm?page=0

Posted by Dr. Kardasz at 05:52 PM | Permalink

Dr. Kardasz:

The following editorial by a Nigeria journalist provides interesting insight into corruption there.

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Corruption, Anti-Corruption And Pro-Corruption

October 8, 2006 from www.allafrica.com

By Simon Kolawole

Lagos, Nigeria

Never has the corruption discourse hung so loosely and dangerously above our heads as the case is today. We know corruption is not a new entry into the lexicon, but its dominance of public discourse in recent times has elevated it to such a height that no one can miss. A few guesses may explain this. One, we are in a democracy where the laws of the land allow us to debate. Under military regimes, the citizens were not empowered to ask questions. Dirty things were done to public coffers and the mess was neatly covered up. We all could smell the stench but were unable to point a finger at the mess. Two , Nigeria has been swimming in a flood of petro-dollars for seven years now. A natural consequence is the outbreak of squandermania, given our way of life in Nigeria . Three, the Obasanjo administration has dramatically mouthed its stance against corruption. It is one sweet song everybody wants to hear and this government has actually turned it into a full concert. We have all become experts on corruption.

Almost everybody traces the roots of Nigerian problems to corruption. Our development is stunted because of the selfishness of public officers who would rather cater for their bellies rather than common interest. If we all so expertly know the problem, why don't we know and apply the solution then? Various methods have been adopted in the fight against corruption. One is the instruments of law, as we can see in ICPC, EFCC and Code of Conduct Tribunal. The most prominent is EFCC. The strategy is to bring to book anyone found fiddling with public funds. We have different opinions on EFCC. While some think EFCC is doing a marvelous job, others would rather see it as a formidable political handcuff in the hands of the president. Nothing has divided the opinions of Nigerians as much as EFCC in recent times. But that is not the focus of this article. Rather, I think that the EFCC, no matter how well intentioned, cannot tackle corruption effectively. There are 774 council chairmen, over 8,000 councillors, 36 state governors, hundreds of commissioners, a thousand of state legislators, hundreds of federal legislators and hundreds of thousands, if not millions, of civil servants and bureaucrats. Let's face it: even if EFCC is not a rifle in Obasanjo's hand, public service is too broad and populated to be adequately scrutinised and cleansed by the anti-graft body.

Scapegoating is one option I have often favoured: deal brutally with a corrupt official and others will be scared to death. This may achieve temporary results, but it is subject to abuse. It is also more of a short-term solution to a monumental problem. And if scapegoating works very well, how come more and more looters are emerging everyday? Another strategy is to increase salaries and benefits so that corruption would be less tempting to public officers. It is being suggested, for instance, that if police officers earn good salaries, they would stop the N20 business at checkpoints. Salaries can be increased, sure, but this may still not achieve the desired results. A former Police chief was said to have amassed N17 billion while in office. How much would you pay him that would have taken his attention away from bribery? A police officer who takes home N10,000 per day from checkpoints will need to earn at least N10,000 a day, or N300,000 a month, to match that. A former governor who allegedly forfeited N50 billion would have needed to earn the entire state allocation to shun corruption. When the circumference of your stomach has been over-enlarged, it is very difficult to fill it up with normal content. You will keep craving for more.

I was discussing the issue of corruption with a friend last week and he drove home a point that is very critical. The quest for accountability, he said, should be a two-sided equation: demand and supply. Initiatives like ICPC and EFCC are on the supply side, employing the instruments of law to fight corruption. This has been going on for sometime now, but significant progress and sustainability are a different ball game. However, there is a demand side that is inactive. The people must demand accountability. The people must not celebrate corruption in any guise. The people must make the community very uncomfortable, even discomfiting, for corrupt public officers. How do I mean? I am a journalist. I live in a rented house. I drive an official car. Now, let's say I am given a political appointment today. The first thing is that I will open the newspapers tomorrow and see my face in full-page congratulatory adverts sponsored by my former "classmates". Why? They are rejoicing with me for getting a "plum job". They are very proud of me that I have been called up to serve my fatherland. They are positioning themselves to "partake" in my "patriotic service" to fatherland. They want contacts and contracts.

Let's also say in one year, I have bought houses in Abuja and built mansions in Lekki. Nobody will ask me questions. Let's say I have acquired a convoy of cars. Nobody will say, Come, is this not the same Kolawole who didn't have a personal car? How much is he earning now that he can afford all these? No. Instead, people will be thronging my house to slice their own share of my loot. Youth organisations, women groups and town unions will all be paying solidarity visits to me. They will present me with a life-size portrait in the full glare of the media. Pastors will become my spiritual consultants, uttering more flattery than I can imagine. Fuji and juju artistes will start to sing my praise: "Kolawole o, baba l'oje!" They will release a whole album with one side dedicated to "Simon", the other side to "Kolawole". They will even address me as "Chief Kolawole", even though I may not have a traditional title. O, that is not a problem. I can easily organise a chieftaincy for myself. With a few millions, kings-who are supposed to be custodians of traditional values-will be falling over each other to give me titles for my "contributions to humanity", even if I have not contributed anything to humanity. Universities will give me honorary doctorate degrees as a "role model" in exchange for donations. I will be featured in all these all-colour, all-gloss magazines under the headline, "The Amazing Riches of Simon Kolawole", decorated with pictures of my state-of-the-art mansions and computerised cars. My child's naming ceremony will be live on TV, with the help of a few wads. Nobody will ask: is this not the same Simon? Rather, everybody wants a share of the loot.

The society expects, encourages, promotes and nurtures corruption. The society condones it. The society budgets for it. If you go into public office and don't come out rich, you are a failure. Your immediate and extended families will curse you. Your community will alienate you. "You're stupid," they will say. "Opportunities come but once. You missed your chance. Look at what the minister from the other community accumulated during his time in office. You must be a fool!" So, we keep dragging the country down, down, down. We keep envying developed countries, wondering why our own country is not making progress, wondering why schools don't have laboratories and libraries.

This pro-corruption attitude of the people, says Professor Jerry Gana, is a major hindrance to the anti-corruption war. The PDP presidential aspirant, in a chat I had with him, believes the society tolerates corruption too much. "The best way to fight corruption is to be intolerant of it. The whole society, not just the government, must hate corruption. There must be no consolation or support for corruption anywhere. Right now, we tolerate it in the community. If it is your daughter or your son, you don't ask questions as long as they are 'reporting back' nicely. We must eschew it. We must react to it. Religious leaders, both Muslim and Christian, political leaders, social leaders, we must all take a stand against it. There must be leadership by example, a transparent way by which our public and private lives are ordered."

He suggests a multi-faceted approach including decisive punishment. "People must know we have tremendous respect for things being done properly-due process, integrity, honesty. Then there must be punishment. Those caught must be punished firmly and very decisively. It is very important. There should be no favouritism. Justice must be prompt and conclusive. Fear of punishment is a major deterrent, even in developed countries. If you break the law, there is no question of begging, unlike Nigeria where your community will come begging for you. The press also has a role to play. The biggest rebuke is public disgrace. People fear being disgraced publicly. Everybody wants to be respected. The press must help out. There must be a sense of shame. It's a powerful way to restrain people. People must begin to resign from office when they are indicted. Once we get to a level of consciousness, that will be a deterrent."

Many will quarrel with him over his proposed role for journalists. We are perceived as very corrupt. We are seen as blackmailers and dishonest people who will do anything for money. The perception is that all it takes to turn a journalist into a praise-singer is a few thousand naira. It will be very hypocritical of me if I say we journalists are above board. We are part of the problem and we are as guilty as charged, although we still have a few decent ones out there. But then, the entire society is thoroughly rotten and we are all products of the society. We have willfully damaged the values that are very African: sense of community (not selfishness), honesty and integrity. Journalists, police officers, customs officers, mortuary attendants, messengers, all of us are products of devalued communal ethics. Something has gone wrong fundamentally. That is why things are the way they are.

Like Professor Gana suggested, the anti-corruption fight must be multi-faceted. Yes, let's have EFCC and ICPC. Yes, let's have the courts. Yes, let's have the rule of law. But the most effective weapon, in my opinion, is for the society to drain itself of its pro-corruption mentality. For as long as public office is seen as the most desirable way of making money, no EFCC can rescue us from corruption. Supply and demand must meet somewhere. The people must demand accountability. The people must hate corruption with perfect hatred because, as the saying goes, "with corruption, everybody pays."

Distributed by AllAfrica Global Media (allAfrica.com).

Retrieved October 12, 2006 from http://allafrica.com/stories/printable/200610100162.html

Posted by Dr. Kardasz at 04:50 PM | Permalink

Posted by Dr. Kardasz at 11:43 PM | Permalink

09/30/06, The Associated Press, Las Vegas Review-Journal

Reno, Nevada - A Nevada judge was extorted for money after having sex in his Reno hotel room with a drug user and former legal client, a Fallon newspaper reported.

Reno police confirmed that District Judge Wayne Pederson of Yerington reported that his wallet had been stolen in July by Irene Bailey after the two had sex, the Lahontan Valley News and Fallon Eagle Standard reported. Afterward, Pederson reported receiving phone calls from Bailey and unidentified men, threatening to report that the judge had raped her unless he gave them money. Other calls threatened harm to the woman, according to police reports.

Pederson was in Reno attending courses at the National Judicial College at the time.

The judge said he has known Bailey's family for years and called the situation embarrassing. He also said he was unaware Bailey was using drugs. "I think she's a mixed-up gal,'' Pederson said. "I asked her if she was involved in any drugs and she said no.

"It's an embarrassing situation and I wish it hadn't happened. We started out with a dinner and ended up with something else.'' According to the police report, Pederson met Bailey, 35, on July 10 for dinner, and she ended up staying the night in his hotel room.

The next evening, Pederson, 53, picked up Bailey at an apartment, and the two went out for dinner and drinks before going to Pederson's room at the Silver Legacy for sex, the report states.

While Pederson showered, Bailey took his wallet and left, the report states.

The judge told investigators he received several phone calls that night demanding money.

"A male voice asked Pederson if he was running for judge. Pederson answered yes. The male then told Pederson he needed to give him his credit card PIN number. The man told Pederson if he did not give his PIN number, the caller and Bailey would report to police Pederson raped Bailey,'' the police report states.

Bailey called later, telling Pederson someone was going to hurt her if he did not pay $500. Pederson offered to pay to get back his credit cards, a concealed weapons permit, his pilot license and other property in his wallet, according to the police report.

The judge eventually bought his wallet back for $400, the report said.

On July 12, one man tried to cash one of Pederson's checks at a Reno bank, the report said. That suspect provided information that led to others involved in the extortion plot.

In one report, an officer said Pederson did not want to pursue the case against Bailey. "Additionally, he was worried about unfavorable public perception and that his opponent in the judgeship race may use the case unfavorably,'' the report said.

Pederson was appointed in April to the 3rd Judicial District Court bench by Gov. Kenny Guinn. He is running in the November election to retain the seat, and is opposed by Lyon County District Attorney Leon Aberasturi.

Bailey told investigators Pederson was her lawyer in Lyon County, where she spent six months in jail on a drug-related theft conviction. After being released from jail in February, she returned to her drug habit, the police report said.

Bailey told police she ran into some drug acquaintances to whom she owed money in the restroom at the Silver Legacy while on her date with Pederson. They threatened to damage Pederson's name unless Bailey paid a $400 drug debt, the police report said.

"Bailey said that she was scared, didn't know what to do, and didn't want to tell Pederson,'' the report said.

Instead, she stole the judge's wallet and checkbook while he was taking shower.
 
Retrieved October 9, 2006 from http://www.reviewjournal.com/lvrj_home/2006/Sep-30-Sat-2006/news/9958289.html 

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Lahontan Valley News and Fallon Eagle Standard

10/04/06, Fallon, Nevada.

Editorial: Judges' misconduct erodes public confidence in courts

How many dirty judges must one small town endure?

That is the question amid revelations that District Court Judge Wayne Pederson was the victim of extortion this summer after having sex in his Reno hotel room with a known drug user while attending courses at the National Judicial College.

We use the term "victim" loosely only because that is the official tagline given to Pederson in the incident reports filed by Reno police dispatched to investigate the judge's claim that his lover, Irene Bailey, stole his wallet while he was showering and used it to pay off a drug debt.

If Pederson is a victim, he is a victim of his own stupidity and appalling poor judgment. He's lucky that all he lost was $400 to the low-lives who held his wallet for ransom and sold it back to him a credit card and piece of I.D. at a time. He's lucky that when he decided to take matters into his own hands he didn't get rolled by the inhabitants of Reno's dark underbelly.

It's hard to think of Pederson as a "victim" knowing that he had sex with a woman he represented on theft charges before he was appointed to the bench last spring, a woman he knew had twice been ordered by the court to enroll in a drug rehabilitation program and twice ran away without completing her treatment. For a sitting judge to take a woman with this history of substance abuse out for drinks, followed by sex, suggests a wanton disregard for her health and well being. He, of all people, should understand the precarious nature of Bailey's health, and he chose instead to sacrifice her to his own selfish desires. He knew exactly what he was doing at the time, knew it was wrong, and did it anyway.

This sordid affair wasn't merely a mistake on the judge's part, or as Pederson put it, an embarrassment. It is a colossal lapse of judgment by a man who has been entrusted by the public to do just the opposite - make good judgments. He is, after all, a judge.

Also troubling is Pederson's decision not to cooperate fully with the police by pressing charges against Bailey, which compromised their ability to prosecute the other parties in the case. Pederson asked that Bailey not be charged, rationalizing that she had had already suffered enough embarrassment. Does this mean the next time a person accused of theft appears in Judge Pederson's court he will let them off if they can convince him they're sufficiently embarrassed?

For the citizens of Churchill County, who have a right to expect ethical representation on the bench, this might not come as such a heavy blow if it were not on the heels of another severe breach of public trust on the part of Justice of the Peace Dan Ward, who earlier this year admitted to 107 ethics violations before he was suspended by the Nevada Judicial Discipline Commission. Between them, these two men have made a mockery of the judicial system in Churchill County and given the public good reason to doubt its honesty and integrity. If you can't trust your judges, for heaven's sake, whom can you trust?

Fortunately, voters still decide who gets the privilege of presiding over Nevada's courts. They took care of Judge Ward in the August primary by turning thumbs down on his re-election bid. With the general election less than a month away, the day of reckoning for Judge Pederson is imminent.

Retrieved October 9, 2006 from http://www.lahontanvalleynews.com/article/2006110040032

Posted by Dr. Kardasz at 06:04 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

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Harvey, Illinois: Ex-Harvey detective indicted on additional charges

From the DailySouthtown.com, October 7, 2006. By Lauren FitzPatrick - Staff writer

Additional charges were announced Friday for a former Harvey police detective accused of selling a gun seized as evidence to a convicted felon.

Whether that weapon was used in an April murder at a South Holland car wash or any other unsolved Harvey murders will be determined by ballistics tests.

Originally charged with a single count of official misconduct, Hollis Dorrough Jr., a Harvey policeman for 11 years, now faces nine felony charges of perjury, obstruction of justice and the unlawful sale of a firearm, according to his indictment announced Friday in Cook County Circuit Court in Markham.

Dorrough is accused of selling a .45-caliber Remington handgun back to Anthony T. Reynolds, a Harvey felon who had pulled the gun on another Harvey officer Oct. 18.

Sources told the Daily Southtown that Harvey Mayor Eric J. Kellogg gave Dorrough the order to "help with the case and return property" to Reynolds' stepfather, whom the mayor has known for years.

Kellogg has denied any involvement and has not been charged with any crime.

The detective, who then was in charge of evidence at Harvey, set up a meeting with Reynolds' stepfather to hand the weapon back to Reynolds a few days after his arrest, prosecutors said.

Dorrough failed to show up for several of Reynolds' subsequent court hearings.

The weapon turned up in late September, handed over to Robbins police, who gave it to the Illinois State Police public integrity task force. Pending ballistics testing will indicate whether it was used in any other crimes, including the April fatal shooting of Martell C. Edwards at a South Holland car wash just over the Harvey border.

Reynolds also is charged in that murder, which is pending along with his gun case before Cook County Circuit Judge Reginald Baker in the courthouse in Markham. He has pleaded innocent in both cases.

Dorrough, a married father of four living in Chicago's Marquette Park community, resigned from his job after his arrest and is free on $40,000 bail.

While on duty, he was awarded citations for exemplary police work. He has no criminal background.

Lauren FitzPatrick may be reached at lfitzpatrick@dailysouthtown.com or (708) 633-5964.

Retrieved October 7, 2006 from http://www.dailysouthtown.com/news/87304,1ND5-07.articleprint

Posted by Dr. Kardasz at 08:51 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

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New Orleans, Louisiana, NOPD officer booked with theft, armed robbery In Quarter sting, he's filmed taking $500 from informant

October 07, 2006.  The Times-Picayune, By Trymaine Lee - Staff writer

A nine-year veteran of the New Orleans Police Department was arrested early Friday morning and booked with theft, armed robbery and malfeasance in office after a tape showed him taking more than $500 from a police informant posing as a French Quarter drunk, police said.

Donald Battiste, 37, resigned from the NOPD's 8th District after he was booked.

NOPD Superintendent Warren Riley said the arrest was the result of an ongoing internal investigation launched by the Public Integrity Bureau after they'd received several complaints of theft against Battiste. Most complaints were from Hispanic laborers he had arrested in the Quarter during the past few months, Riley said.

"We take all citizen complaints seriously," Riley said Friday. "We will not hesitate to book or prosecute or seek prosecution for any police officer who is involved in any criminal activity."

Though Battiste never pulled his weapon on the man or threatened him, Riley said he is being charged with armed robbery because he was armed and in full uniform at the time of the incident.

Deputy Chief Marlon Defillo, commander of the Public Integrity Bureau, said that Battiste has been named in several complaints over the past 10 months. And there were others, Defillo said, in years before 2005, where investigators could not substantiate allegations that he had stolen money from suspects.

But according to internal police documents, Battiste was cited in 2003 after a Public Integrity Bureau investigation found that he and another officer acted improperly during a November 2001 arrest. According to the documents, investigators found that Battiste had "used unauthorized force," failed to document the use of force and stole $80 from a suspect's wallet. The document also stated that Battiste hurled expletives at the suspect and used unnecessary force while wrestling him to the ground.

No criminal charges were filed, but Battiste was given a letter of reprimand from the department. This time, authorities considered Battiste's offenses to be criminal. Battiste was arrested Friday about 4 a.m., shortly after he was sent on a call of public drunkenness. What he didn't know was that the call was a setup, an integrity check with investigators taping the entire episode.

Investigators had a Hispanic informant pose as a drunken migrant worker with broken English -- the profile of many of Battiste's complainants, police said. Battiste arrested the informant for public drunkenness, took the $500 he had on him and failed to report or return the money after jailing him, Riley said. Battiste simply ended his shift and went about his business, Riley said, without placing the cash on the books. After his arrest, Battiste confessed, police said.

His excuse, according to Riley: He was taking the money because he was trying to take care of his family, which relocated to Texas after Katrina. Battiste himself, police said, had weathered Katrina and served the city during the storm. Riley dismissed the former officer's pleas.

"We're certainly never, ever going to use anything like that as an excuse for (a lack of) integrity and for professionalism regardless of the circumstances," Riley said. "I really have very little sympathy for him. Our citizens have gone through the same things, and they certainly don't deserve that treatment. He's an embarrassment to the department."

Riley said investigators will continue to interview alleged victims of Battiste. It was unknown how many people were victimized by the officer or how much money was taken, police said. No other officers seem to have been involved in Battiste's capers. "What we're doing in PIB is looking at patterns and trends," Defillo said. "We're looking at officers that have a number of complaints, and we're focusing in on those officers."

In more than 180 covert investigations performed by the Public Integrity Bureau this year, Battiste is the first one that failed a criminal integrity check, Riley said. Others failed administrative checks, such as not responding to a call for service quickly enough or not searching a person properly. But none has been found to commit a crime.

Riley urged people with complaints against police officers to call the NOPD's Pubic Integrity Bureau at (504) 658-6800.

Staff writer Lauri Maggi contributed to this report.

Trymaine Lee can be reached at tlee@timespicayune.com or (504) 826-3301.

Retrieved October 7, 2006 from http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-6/1160204100253020.xml&coll=1&thispage=2
 

Posted by Dr. Kardasz at 08:32 PM | Permalink

Posted by Dr. Kardasz at 06:34 PM | Permalink

Dr. Kardasz:

What follows is an interesting letter to the Editors of his local paper by the Police Chief in Lorain, Ohio. Chief Rivera does a nice job of summing up the challenges and difficulties of the disciplinary process and he outlines some of the challenges his community faces.

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Perspective: Lorain police chief tells it like he sees it 

10/05/2006, From The Morning Journal, Loraine, Ohio,

By Chief Cel Rivera , Lorain Police Department 

For the past five to six weeks the Plain Dealer has been conducting an exhaustive review of every employee's personnel file and every administrative investigation within the Lorain Police Department. It culminated in a front page story on Sunday, Sept. 30. Despite the fact that most of the records were provided by our department the story contained many factual errors and incomplete information. I want to address many of the issues that were raised.

The story attempts to give the impression that the Lorain Police Department is a law enforcement agency that is out of control. Nothing could be further from the truth. The men and women of the LPD provide a valuable service, often under trying conditions and at great risk.

The support staff that backs up these officers in communications, records, evidence and administration works tirelessly. Almost always, the service provided by the Lorain PD is offered with integrity, courage and honor.

There are certainly times when an officer or employee will stray from the Professional Code of Conduct, use bad judgment, or just make an honest mistake. There is a human being behind that badge -- with all of the frailties that we all share.

The Plain Dealer infers that recent disciplinary decisions are more severe than in the past; of course, the assumption is that they are responsible for our new-found sense of accountability. However, it's a bogus charge. Charges of abuse that have been sustained or represent a serious breach of our Rules of Conduct have always been dealt with severely. Here is an additional list that was provided to the Plain Dealer, but was left out of the story:

- Narco Detective stealing drugs from evidence. Discovered internally. Criminally charged and terminated. Sentenced to prison. Released and became model husband and father.

- Correction officer allowing certain prisoners out of cells during night and permitting them to watch TV with him in the Control Room. Terminated.

- Patrol sergeant caught during prostitution sting. Discovered internally. Criminally charged, but no-billed by grand jury. Terminated, but returned to position by arbitrator.

- Patrolman kicked prisoner when he was down. Turned in by fellow officers. Fired.

- Telecommunicator filing false police report and lying during internal investigation. Terminated.

- Patrolman making inappropriate telephone calls to young female. Discovered during criminal investigation. Indicted and terminated.

- Narco Detective stealing drugs from evidence cabinet. Discovered internally. Criminally charged and terminated. Sentenced to Lorain-Medina Correctional Institute. Released and became model citizen.

- Patrolman abused prisoner and failed to provide immediate medical relief. Internally discovered. Criminally charged, but found not guilty by jury. Terminated, but arbitrator reduced to 14 month suspension.

- Patrolman found to have had inappropriate sex with underage female years prior to employment with police department. Information obtained from citizen. Criminally charged and terminated.

- Patrol sergeant involved in off-duty bar fight incident and pistol-whipped citizen. Terminated, but arbitrator returned to position, demoted to patrolman.

- Probationary patrolman involved in off-duty fight and disrespect to Cleveland police officers in the Flats. Terminated.

- Correction officer stealing money from ''illegal immigrant'' prisoners. Internally discovered. Criminally charged and terminated.

- Patrolman accused of sexual assault against estranged wife. Criminally charged and agreed to resign.

The decision-making process is easy when you are dealing with a serious offense. It becomes more complex when you try to apply an appropriate level of discipline in response to a less serious violation. First, there is a contractual obligation that discipline be administered in a constructive and progressive manner. No action can be taken against an officer when s(he) is exonerated or the complaint is determined to be ''not sustained.''

Many police encounters are one on one and often it is the word of one person against the other.

There have been many instances where persons arrested or cited have filed false complaints against officers.

Once an officer or employee is determined to have violated the Rules of Conduct, then the question becomes what is the appropriate level of discipline. Or does it merit discipline; can the issue be resolved through counseling, remedial training or reassignment? The options range from verbal reprimand to written reprimand, suspension, and all the way to termination. These decisions have never been made lightly and can always be Monday morning quarterbacked by those who do not have all of the information.

The last five or six years have been difficult. City financial problems reduced our ranks by 21 police officers amid an unprecedented spike in violent crime. Our officers have had to deal with manpower shortages, fatigue, inability to take personal time off, and involuntary overtime. This resulted in increased safety risks for our officers, lack of adequate back-up, increased workload, more use of sick time, and delayed response time for minor complaints thus reducing community satisfaction with the police service. It changed our department from a proactive, community-engaged law enforcement agency to a reactive one that was basically limited to responding to calls for service. During that time the basic pay of a police officer went from being one of the highest to one of the lowest in the county. Raises were difficult to come by. Officers were confronted every other year with the threat of massive layoffs.

About four years ago the administration proposed, and City Council passed, the Safety Forces Plan. This would have provided a small addition, renovation of the existing facility and a new jail. It would have enhanced our operations by providing much-needed extra space and a facility that met the standards of a professional law enforcement agency. However, years later, the project is incomplete. It was another blow for our staff. The addition was built, but we are currently in the process of re-opening our jail and improving our existing headquarters within the budget that is left. Our patrol officers moved to the basement of the old Ore Docks building. What was intended to be a temporary move of a couple of months turned into a year and a half ordeal in a dirty maintenance area that was cold in winter and hot in summer.

The closing of the Lorain City Jail, although necessary, proved to be a devastating blow to the officers. Due to the sudden spike in violent crime in the urban areas of the county, the Lorain County Jail began experiencing problems with overcrowding. The Sheriff's Office restricted the type of prisoners that would be accepted and the hours for receiving them.

The Lorain County Juvenile Detention Home has never had adequate capacity. It has such a restrictive acceptance policy as to make it irrelevant. Since most of our current crime wave is drug-related and youth-driven, this is especially frustrating for front-line officers.

The inability to lock up serious violators has emboldened thugs and the criminal element. Handing out citations lacks the deterrent effect that jailing does and does not allow for removal of troublemakers from the scene.

The profanity-laced disrespect, the sheer defiance of lawful orders, and the laughter that officers must endure as they leave a call, has undermined our officers' efforts. It also has taken a toll on my officers.

The mental health system in Ohio decided years ago that institutionalization was not the answer and that it would be more beneficial to have patients treated within their own communities. Lorain is home to the Nord Center, Lorain County's primary caregiver for those dealing with mental health issues. Also, in recent years we have seen a drastic increase in the number of residential halfway houses and apartments in Lorain occupied by patients of these programs. For the most part this does not create a problem for the community. But for the Police Department it has multiplied on a daily basis the number of calls that we receive regarding a person threatening suicide, off his medication or described as out of control. It is fraught with danger and difficulty.

Lastly, during the period covered in the Plain Dealer, the Lorain Police Department also experienced the untimely and unexpected death of two of our beloved officers; one to suicide and one drowned in Lake Erie. These were painful times.

I do not seek to make excuses for inappropriate behavior. I just want to paint as clear a picture for you as I can of the environment that Lorain police officers have operated in for the past five or six years. It is in direct contrast with the period between 1993 and 2001 (after the police levy passed). Our police officers and support units were properly staffed, officers received the equipment and training they needed, specialized units were properly outfitted, and the LPD was able to respond to the community's needs with confidence and commitment.

As we developed expertise in complex investigations the department was responsible for some of the biggest cases in Lorain County history related to organized gambling and narcotics trafficking. Crime decreased dramatically -- a 23 percent drop one year and a 37 percent drop in another. In 2001 we did not have a single homicide. Gangs were eradicated and our support car program presented our community with a highly visible deterrent. Most of the credit belongs to our police officers and the staff that supports them.

The Lorain Police Department's own records show that harsh steps have been taken against officers and staff who have committed intentional or abusive wrongdoing. We are an open book. We document and save everything, unlike many other law enforcement agencies.

If an employee is late, he is written up; if a report is late, the officer is given an infraction, if a person calls off sick and does not have enough time, he is docked and written up. Even our verbal reprimands are written. The information for the spreadsheet came from our data base that was purchased to keep track of discipline and as an early warning tool. We don't hide anything.

Keep in mind that there were 72 complaints outlined over a six-year period. Many were sustained and acted upon. It is important that you know that many complaints result in the officer being exonerated or are determined to be false.

In 2005 our officers handled more than 66,000 calls and incidents. If you average that out over the six years our officers had a minimum of 360,000 encounters during this same time frame. Our dispatchers probably share the same number of contacts. Also remember that many of these incidents occurred five and six years ago and have never been repeated. The fact that this represents a .0002 percent ratio may help you to put this in perspective.

This is in no way intended to diminish the critical nature of police misconduct and accountability. I also understand that there is always room for improvement; that we have an obligation to explore these possibilities, such as training opportunities, and I promise that we will.

My concern with the Plain Dealer article is that it included complaints that have already been proven false or misleading and that information provided to that effect was ignored.

Let me provide you with additional information where the Plain Dealer expressed surprise that ''these officers are still part of the Lorain Police Department.'' A rookie officer driving home was involved in a one-car accident, walked a couple of blocks home and reported the car stolen. When responding officers arrived he immediately admitted that he was the driver. Certainly that is a serious infraction and violation of law. In the end, we learned that he panicked because he had a couple of drinks and he thought his job was in jeopardy; he expressed remorse and apologized for his actions. Certainly, from a public relations perspective, the easiest thing would have been to fire him. However, in looking at this officer, we saw a young man who had panicked. We sincerely believed that he could continue to be a good police officer; he was charged with the accident, given a 10-day suspension without pay and today is a dedicated public servant.

A dispatcher fell asleep while on duty and missed a 9-1-1 call; numerous attempts to reach her go unheeded. Certainly, she should be discharged. But what if she is a 15-year veteran who always goes above and beyond, volunteers countless hours a week for overtime, like most dispatchers has done wonderful work and actually saved a life, and was sick all night and taking medication? She probably should not have come to work, but feels that she must because of the manpower shortage and doesn't want someone else forced over. She is given a suspension and it has not occurred again. Was that unfair?

How about an 18-year veteran dispatcher who inadvertently lets a citizen in through the back door; certainly a breach of homeland security that should result in heads rolling. But what if she is a dedicated employee who can always be counted on and has never been disciplined? If a police officer has to drive 70 mph to catch a driver in a residential neighborhood and is smugly met with ''what did you stop me for?'' His reply is ''for driving like an idiot'' Should they be fired or hung by their thumbs? There is no doubt that all of these actions are violations of protocol and letters of reprimand were placed in their files.

Your Police Department has experienced a rough time in the past few years. We are trying, along with other city officials and departments, to provide you with the service you deserve, with limited resources and under some very trying conditions. We have faith that it is going to get better.
Please remember the good things that your police officers have done:

- Look what they have done in reducing the level of shootings and violence that surfaced in the last two years. Our partnership with the Lorain County Strike Team, the U.S. Marshal's Fugitive Task Force, our own Street Crimes Unit, and the incredible work of our patrol officers, detectives, and narcotics officers have taken a giant leap in reclaiming the streets of Lorain -- all with a very limited ability to lock up offenders.

- Our Narcotics Unit, in conjunction with the Lorain County Drug Task Force and other federal agencies, have in the last year put a serious dent into drug trafficking in the city. A few months ago 175 police officers simultaneously raided 25 locations and arrested 40 defendants. Last year Project Lomax resulted in 40 other drug dealers being arrested, and many are serving time in prison. Recently, the Lorain Police played a significant role in the seizure of 27 kilos of cocaine and multiple arrests. At the same time they targeted crack houses that are destroying the quality of life in our neighborhoods.

- With the help of patrol, our detectives have been able to solve the last 12 homicides and one that occurred five years ago; in most cases, there were no witnesses or evidence at the beginning. Their tenacity and street savvy paid off and the families left behind were assured that everyone's life has value.

- Look at our long-standing partnerships with the Lorain City Schools and the Lorain Metropolitan Housing Authority to ensure that these areas are safe.

- The Crisis Intervention Team (CIT) program that was initiated to deal with the growing number of calls related to those suffering from mental health issues; to reduce the number arrested and to enhance the safety of all involved.

- The Do the Right Thing program where students are honored on a monthly basis for behavior that can serve as an example to their peers. The Back To School Family Picnic that draws a crowd of more than 7,000 for free food, entertainment, and free school supplies. How many police departments do this for their community?

- The Lorain Police Department, in partnership with the Lorain County Prosecutor's Office, took the lead in facilitating community forums that drew hundreds to discuss the growing youth violence. The result has been dozens of churches and organizations initiating youth programs and the recently opened Lincoln Community Center in South Lorain. A dozen new Neighborhood Watch Groups have been formed.

Police officers leave home each day with the intention of doing a job well. They are capable of making mistakes or at times using poor judgment, just like you and me, and like most of us, they live and learn. But that doesn't mean that they are expendable, that they don't deserve a second chance -- in the end it makes them better cops.

To my police officers and staff, I say: You provide a valuable service to this community and you are men and women of integrity and courage. I am proud to serve with you. The value of what you do will never be determined by a politician who has never stepped foot in this building, or a former chief, who like old soldiers, should just fade away. It doesn't come from me. The value is reflected in the dignity of putting that badge on each day and placing yourself in harm's way on behalf of your fellow citizens. You bring as much honor to the blue and gray as anyone who ever walked in your shoes a generation ago. So stand tall and hold your head high. Continue to do what you have always done -- serve and protect! Do not feel diminished by what we are going through; it shall pass. Stay focused, remain alert and be safe.

The Morning Journal 2006 
Retrieved October 5, 2006 from http://www.zwire.com/site/printerFriendly.cfm?brd=1699&dept_id=46371&newsid=17286970

Posted by Dr. Kardasz at 09:18 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

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Police officer gets 65-month prison term in 'ice' case

By Debra Barayuga, dbarayuga@starbulletin.com

A Honolulu police officer who pleaded guilty to selling $5,400 worth of crystal methamphetamine to an informant was sentenced yesterday to five years and five months in federal prison.

Robert Henry Sylva, 50, had been charged with three counts of distributing crystal methamphetamine, or "ice," on three occasions in 2004. But under a plea agreement in December, he pleaded guilty to one count, a March 21, 2004, sale of three ounces of ice to the informant at the Sports Authority parking lot on Ward Avenue. Sylva was in uniform at the time of the sale, according to prosecutors.

He was facing an advisory guideline range of 87 to 108 months, but U.S. District Judge David Ezra agreed to sentence Sylva within a lower range of 63 to 78 months at the request of federal prosecutors because Sylva agreed to cooperate with investigators after his arrest.

Assistant U.S. Attorney Michael Kawahara said Sylva, a Honolulu police officer for 22 years, agreed to identify his supplier and participated in a sting that led to the supplier's arrest. Despite Sylva's cooperation, Kawahara said the fact remained that he was a police officer who was not supposed to engage in criminal conduct. "There was a limit as to how much leniency we could ask for, and the court agreed and he got 65 months," Kawahara said.

"I feel very strongly about the integrity of the law enforcement officers I work with, and that's why it's important that when these things come to light, they get investigated and strongly prosecuted," he said.

Sylva, who also admitted he had been using drugs, apologized to everyone, including family members who were in the courtroom. In a letter to his fellow officers shortly after his arrest, Sylva claimed that depression from the deaths of his son and both parents within a short time period, his wife leaving and later involvement with a girlfriend who used the drug led to his downfall.

In a written statement, Deputy Police Chief Glen Kajiyama said police were saddened for the Sylva family. "However, this sentence gives a clear message that no one, including law enforcement officers, is above the law. We have and we will continue to work with federal investigators to do whatever it is necessary to maintain the public's trust and confidence in HPD."

The investigation was initiated by HPD based on information from the public and jointly investigated with the FBI.
"Drugs are a serious problem in our community, and we thank everyone who came forward with information," Kajiyama said.

Sylva's supplier, Albert "Bully" Kakuda, received 10 years in federal prison.

Retrieved October 1, 2006 from http://starbulletin.com/2006/09/29/news/story01.html

Posted by Dr. Kardasz at 12:19 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the problem?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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New Jersey Attorney General Resigns Over Ethics Violations

Tuesday, August 15, 2006

Trenton, New Jersey —  New Jersey's attorney general resigned Tuesday after a special prosecutor concluded she violated state ethics laws by intervening in a traffic stop involving her boyfriend. Zulima Farber, who will step down at the end of the month, said she is leaving office "out of respect for the governor" and not because she was asked to do so.

"I admit to being human and making that error. I am truly sorry and apologize to all New Jerseyans for that mistake," said Farber, who appeared at a Statehouse news conference alongside Gov. Jon S. Corzine. Farber's live-in boyfriend, lawyer Hamlet Goore, was pulled over by police in Fairview for a traffic violation in May, and Farber showed up at the scene in her state car. Goore's van was found to be improperly registered and his license appeared to be suspended, but he was allowed to drive home.

In recent weeks, Farber denied doing anything to influence the police. But a special prosecutor appointed by the governor said in a report issued Tuesday that Farber violated state ethics laws by "approving actions which allowed Mr. Goore to drive his vehicle home." "The attorney general knowingly acted to secure a benefit for Mr. Goore that was violative of the motor vehicle laws and obviously not available to the general public," Richard J. Williams wrote in his report.

Corzine met with Farber earlier in the day and asked her to make a decision on whether to resign. He said he accepted her resignation "with sadness and respect." "She has decided to do more than would be ordinarily required for a lapse in judgment," the governor said.

Corzine appointed Farber to the state's top law-enforcement post upon taking office earlier this year. But in New Jersey, a governor can only remove an attorney general "for cause," a murky standard in the opinion of some legal experts. Motor vehicle records show that Farber, 61, has had at least 12 speeding tickets, four bench warrants issued for her arrest and three license suspensions.

The report led to renewed calls for the resignation of the New Jersey's first Hispanic attorney general. "She is incapable of leading the fight against official misconduct and abuse of power because her conduct indicates that she does not even recognize what those things are," said state Republican chairman Tom Wilson.

Farber was born in Cuba and fled that country with her family while in her teens. A partner in a law firm, she previously served in the administrations of two New Jersey governors. Among her specialties is attorney ethics.

Retrieved Septembet 30, 2006 from http://www.foxnews.com/story/0,2933,208522,00.html

Posted by Dr. Kardasz at 09:16 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Ex-cop may serve PIC sentence at home

From the age.com.au, September 25, 2006

The first person to be convicted of contempt of the NSW Police Integrity Commission (PIC) may serve his six-month sentence in home detention. Former police officer Christopher John Walker was sentenced in the NSW Supreme Court to six months in jail. But Justice Robert McDougall stayed the term, releasing Walker on bail while authorities assess his suitability for home detention.

Questioned at a PIC hearing in December 2004, Walker - a one-time work partner of corrupt former police officer Christopher Laycock - falsely claimed he could not recall events.

The PIC was investigating possible criminal conduct by Laycock and his associates, and Walker was questioned about allegations that he had gone to premises in Chiswick to extort money from drug dealers. Walker had "falsely asserted an inability to recollect that event", Justice McDougall said.

After he was warned he could face a contempt charge, Walker returned to the PIC in January 2005 to answer questions about the Chiswick incident. His account was that he had been retained by drug dealers to obtain money owed for the sale of illegal drugs, the Supreme Court was told. The 57-year-old is the first person to be convicted of contempt of the PIC, for which there is no maximum specified jail term.

Justice McDougall said Walker's offence "had the capacity to frustrate an investigation into what was by any standards serious police misconduct, involving in all likelihood both serious criminal activity on the part of some police officers and the covering up or protection of serious criminal activity". "Corruption and misconduct strike at the effectiveness of any police force," the judge said, adding that nothing less than a substantial jail term would deter others from committing contempt.

Justice McDougall imposed a sentence of six months, saying it would have been longer had Walker not returned to answer the PIC's questions. He also took into account the fact that the former detective would likely serve any jail term in protective custody, and concerns that he would not receive adequate treatment for his depression and possible bipolar disorder behind bars.

Justice McDougall said the offence and the circumstances surrounding it reflected badly on a man who was otherwise "of good character, highly regarded by friends and colleagues, and with strong family connections and values". Walker had received a Commissioner's Commendation and an award as "the most outstanding policeman" in 1976, and at one time had quit his job because he was "dismayed by corruption in the police force", he said.

Walker, who worked as a Sydney police officer on and off for more than 30 years, will learn his fate when the case returns to court on November 8.

Retrieved September 28, 2006 from http://www.theage.com.au/news/National/Excop-may-serve-PIC-sentence-at-home/2006/09/25/1159036449789.html#

Posted by Dr. Kardasz at 01:05 PM | Permalink

Dr. Kardasz:

Politicians and law enforcement officers have always had interesting relationships. The following story is an example of the friction that sometimes develops.

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Buckner, Kansas: Ex-Police Chief Says Buckner Mayor Forced Him Out

September 22, 2006, from TheKansasCityChannel.com

Controversy involving the mayor of Buckner is swirling again after another former police chief claims she forced him out of office.

KMBC's Jim Flink reported that Buckner has had three police chiefs in a little more than a year. All three left or were fired. Dereck Sayres is still fighting the city over his firing last month. Larry Overfield lasted just two weeks before quitting. Overfield cited a police department that he deemed to be in shambles. Now, Charles Loring is telling his story.

"I understand what Chief Sayers is going through because they did him just like they did me," Loring told Flink. For four years, Loring served as Buckner's police chief. Loring said he loved Buckner until Mayor Debbie Gilmore took office. "I could tell it was going to be a bumpy ride first thing she got in," Loring said.

Loring kept personal documents of what he termed were the mayor's intrusions -- asking him to give her records on things such as assault and DUI cases. "I think it was a friend who we arrested on a DWI, and I think she told me she wanted to see if I did the reports right," Loring said.

Former Buckner Detective Scott Lambert and Sayres say the mayor did the same to them. "You step on toes and that's what happens," Sayres said. "It is totally and completely out of line. Out of line," Lambert said.

"I am the chief law enforcement officer of this city," Gilmore said in an interview two weeks ago.

Flink reported that he obtained a letter sent from Assistant Jackson County Prosecutor Tammy Dickenson asking Gilmore to ensure the integrity of all open case files and evidence. Flink said the letter reminded Gilmore that no one except authorized law enforcement personnel should have access to files or evidence.

"I didn't touch any evidence. Don't know where it's at. Don't want to know where it's at. That's not my job," Gilmore said in an earlier interview.

Flink reported that 37 officers have come and gone in Buckner under the mayor, including Loring, who said he did not resign. Loring said he was handed his resignation letter on city letterhead and was told to sign it.

"I was forced out by the mayor. I didn't do what the mayor wanted me to do -- I didn't give her the records she wanted to see," Loring said. Flink reported that Gilmore was unavailable for a response to his story.

2006 KMBC TheKansasCityChannel.com., 2006 Yahoo! Inc.

Retrieved September 23, 2006 from http://news.yahoo.com/s/kmbc/20060922/lo_kmbc/9904802&printer=1;_ylt=Aoiy5wfQsjtXywZunc77JUIRx0QC;_ylu=X3oDMTA3MXN1bHE0BHNlYwN0bWE-

Posted by Dr. Kardasz at 08:17 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

In an ironic twist, the location of the alleged misconduct in the following incident was the Office of Police Integrity. 

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Victoria, Australia - Police charged over Integrity Office thefts

September 19, 2006

Three Victorian (Australia) detectives have been charged with stealing property from the Office of Police Integrity (OPI).  Springvale criminal investigation unit officers Detective Senior Sergeants Ross Colley, 34, Mark Ziemann, 42, and Kenneth Taylor, 43 were charged in August following an investigation by the ethical standards department. Det Snr Sgt Taylor and Det Snr Sgt Ziemann allegedly stole a portable television and DVDs belonging to the OPI last October, according to documents tendered to Melbourne Magistrates Court today. Det Snr Sgt Ziemann was also accused of being in possession of a stolen DVD player.  Det Snr Sgt Colley was charged with possessing fireworks without a permit and a range of prohibited weapons, including four Japanese short swords and two pairs of nunchakus.  He also allegedly stole several mobile phones between May 2002 and March 2005. The police officers were not present in court for today's brief hearing. Magistrate Carmen Randazzo adjourned the matter until October 31.

Retrieved September 22, 2006 from http://www.news.com.au/story/0,10117,20438823-1702,00.html?from=public_rss

Posted by Dr. Kardasz at 08:23 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

Mississaugua, Ontario, Canada - Allegation of police abuse probed
Residents complained about 'parties' and disturbances

The Mississaugua News, by Louie Rosella, Sep 20, 2006

Peel Regional Police are investigating allegations that as many as 14 officers, both male and female, beat up two Erin Mills men who were videotaping them drinking alcohol and partying behind a plaza.

Richard Cimpoesu, 24, and Orlando Canizalez, 20, claim they were chased and punched in the head and body in the early morning hours of Aug. 28, after several off-duty officers who were allegedly drinking beer and acting rowdy behind the Ethan Allen furniture store on Dundas St. W. caught the men videotaping them.

The men sustained severe bruising to their stomachs and heads from the alleged attack. They also claim they were threatened by the officers to tell them where the camera was and to turn it over. Police didn't find the video camera, and the two men later recovered it in nearby bushes, they said. None of the allegations have been proven.

Cimpoesu said yesterday he's fearful of repercussions. "I'm upset. You don't expect this kind of thing to happen. We went out there. We didn't mean any harm. We didn't expect the people that are supposed to protect us would come after us," said Cimpoesu, a St. Joseph Secondary School graduate. "I'm scared. I can't walk down the street without having to look if police are after me."

A police spokesperson said the Peel police internal affairs unit is investigating the alleged assault, but he refused to verify the video or provide any other specifics. "All we are able to say about this is that an incident involving several off-duty officers is being investigated by our professional standards branch," said Peel Cst. Pete Brandwood. "We unfortunately can't say anything else because it might jeopardize the integrity of the investigation."

The two good friends took it upon themselves to gather video footage after several residents complained about "wild parties" and disturbances in the area. "They decided before they would make a complaint, they would have some evidence because they didn't think anything would be done without having some proof," said William Bain, lawyer for the men.

As a result of their actions, said Bain, the men were discovered and allegedly assaulted and threatened.

"From the pictures that we took, it's apparent they were struck in the head and the body a number of times," said Bain. "The threats were significant enough to cause my clients concern, and to cause them to have an ongoing fear of the police." Bain and his clients allege the men were assaulted because they wouldn't give up the videotape and they wouldn't identify themselves initially. They were released with a warning from the officers, they claim.

"My clients haven't been charged with an offence. They haven't done anything wrong," said Bain. "They were endeavouring to gather evidence to make a valid complaint and they were set upon by these people, and they were chased, assaulted, threatened and are traumatized by what was done to them. Our (allegation) is they (the officers) went way overboard."

Bain didn't rule out a civil suit.

Both men were to be interviewed yesterday by police.

Canizalez, an Erindale Secondary School graduate, said he still has faith in police. "A few bad apples shouldn't spoil the rest of them," he said.

Retrieved September 22, 2006 from http://www.mississauga.com/mi/insidenews/v-printmississauga/story/3691639p-4267644c.html

Posted by Dr. Kardasz at 12:11 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

Cop fired after asking for date

By Sarah Muench, The Arizona Republic, Sept. 20, 2006

A Chandler police officer has been fired after he pulled over a woman under the guise of a traffic stop but instead asked her out on a date. Following an internal investigation, Officer Nathan Dixon, 37, was dismissed in late August - the second Chandler officer to be fired this year. The woman called the Professional Standards Section of the Chandler Police Department on July 12 and told them she was pulled over on July 8 at 2:15 a.m. by an officer in a marked patrol car who asked her out on a date, according to a dismissal letter to Dixon from Chandler police Chief Sherry Kiyler.

Police confirmed the incident when the woman also presented a note Dixon allegedly wrote with his phone number on it, said Sgt. Rick Griner, a Chandler police spokesman. "Your actions violated this citizen's constitutional rights and also violated the public trust and brought discredit to the organization," Kiyler wrote in her letter. Dixon, who was working the midnight patrol shift, had been working for Chandler police for 11 years and had received numerous commendations throughout his career, Griner said.

Dixon would have to be certified again by the Arizona Peace Officer Standards and Training Board before being able to work again as a police officer in the state.

Retrieved September 21, 2006 from http://www.azcentral.com/news/articles/0920cr-copfired20-ON.html

Posted by Dr. Kardasz at 08:59 PM | Permalink

Posted by Dr. Kardasz at 07:55 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

San Diego border agent pleads guilty to accepting cash, cars to let human smugglers in 

By Allison Hoffman, Associated Press Writer

San Diego- A former border inspector pleaded guilty Thursday to accepting cash bribes and luxury cars in exchange for allowing smugglers to sneak hundreds of illegal immigrants from Mexico into the country. Richard Elizalda, 55, a 10-year veteran border inspector for U.S. Customs and Border Protection, admitted to one count of accepting bribes as a public official and two counts of bringing illegal aliens into the country for financial gain. He was originally charged with 15 counts.

Elizalda sent text messages directing drivers to his inspection lane at the San Ysidro border crossing and then waved them through, Assistant U.S. Attorney Linda Frakes said in San Diego federal court. In return, Elizalda received as much as $1,000 for each immigrant, taking as much as $120,000 in cash from smugglers starting in 2004 until his arrest in June, Frakes said. Agents seized $36,170 in cash from Elizalda's home, along with a 2000 Lexus and a 2005 BMW given to him by the ringleaders of the smuggling ring. He faces up to 35 years in prison and $820,000 in fines.

Elizalda said little in court. Asked by U.S. Magistrate Judge William McCurine, Jr., how he pleaded, he replied in a quiet voice, "Guilty."

Also Thursday, another defendant in the indictment, Kenneth Web, pleaded guilty to one count of bringing illegal aliens into the United States. Frakes said he worked as a smuggler, bringing as many as 99 immigrants into the country without documentation. He faces a maximum of 10 years in federal prison and $250,000 in fines.

Customs and Border Protection has seen a number of instances of corruption recently. In July, a Border Patrol agent who was an illegal immigrant himself was sentenced to five years in prison for smuggling more than 100 illegal immigrants into the U.S. from Mexico near San Diego, some of them in his government truck.

Retrieved September 17, 2006 from http://www.policeone.com/news/1035804/

Posted by Dr. Kardasz at 07:34 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Port St. Lucie, Florida, Probe: Ex-evidence chief took golf club, ring home

By Teresa Lane, Palm Beach Post Staff Writer, September 09, 2006

Port St. Lucie, Florida — The head of the police department's evidence and records division has been suspended without pay for five days and reassigned after an internal affairs probe revealed he took home a golf club he had listed as destroyed evidence. Administrator Bill May, who remained on paid leave for two weeks in August while the probe was underway, also took a ring that was to be destroyed but said he intended to get it appraised to see whether the department could net more money from its sale, records show.

Although Internal Affairs Investigator Lt. Robert Fitch said there was insufficient evidence to prove May intended to keep the items, he said several department rules governing evidence were violated, constituting a "serious breach of evidence protocol and procedure." The case began Aug. 14 after an evidence technician saw May document a True Flex Stylist 9-iron as having been destroyed before taking the club to his office. The employee said she overheard May say the club would be good for his son. May admitted taking the club home but said he simply wanted to measure its length next to his son's arm to see whether it was the right size.

Police Chief John Skinner, who upheld the violations Friday, said the incident has prompted him to alter the department's procedures for disposing of property. Now, technicians must document whether surplus property is sold to an online auction company, trashed or placed into use by police employees. May, who earns $85,738 yearly, will continue in his role as supervisor of the records and information technology departments, but Major Gary Robinson is overseeing the evidence and property sections, Skinner said.

A property audit conducted in 2005 revealed that several pieces of evidence were not properly disposed of, or the instructions concerning the handling of evidence was not followed according to evidence cards. The audit showed May received a Rolex watch for appraisal but never signed for it, returning the item after 27 days without having it appraised. May told investigators he had made mistakes but never intended to take property for his personal gain. He has worked for the department more than 16 years.

Skinner said he didn't institute more stringent evidence protocols earlier because he trusted May, calling the administrator's actions "inexcusable". "It takes years to build trust and seconds to lose it," Skinner said. "The integrity of the evidence is critical."

Retrieved September 10, 2006 from http://www.palmbeachpost.com/news/content/local_news/epaper/2006/09/09/m1b_slmay_0909.html?cxtype=rss&cxsvc=7&cxcat=17

Posted by Dr. Kardasz at 11:23 AM | Permalink

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

By Dr. Frank Kardasz, September 3, 2006
 
This is a story about an ethical dilemma. The names and locations of those involved are not relevant. The situation involved a detective who committed misdemeanor theft of a suspect's property at the scene of a search warrant. In some agencies, such misconduct might result in termination of the employee, but this case was not that simple.
 
Normally theft is not an ethical dilemma. Theft, to wit; taking the property of another with the intent to permanently deprive, is a clear violation of law and policy everywhere. This incident was a little different. In this case the property taken was a bottle of water from the suspects refrigerator. The retail value of the water was approximately two dollars.
 
The theft was observed by a fellow detective who anguished about what he had seen and confronted the offending detective at work the next day. In an attempt to repair the damage, and only after being confronted with his misconduct, the offender returned to the scene of the search warrant and replaced the bottle of water with a six-pack of water which he left with the apartment manager there.

The suspect who's apartment was the subject of the search was still in jail. Later, the offending detective phoned the suspect and explained the removal of the water bottle. The suspect responded sarcastically, "Why didn't you also grill a steak while you were there?"
 
The detective who witnessed the incident anguished over whether or not to report the theft and subsequently did advise a supervisor who then initiated an investigation. The detective knew that if he did not report the theft that he would become an accomplice to the wrongful act.
 
The offending detective solicited assistance from the police union. The union attempted to divert attention from the guilty officer by blaming lack of supervision at the search warrant scene. They also rationalized the theft of water as being similar to a situation where a detective must use a toilet at a suspects residence, thus also using water. They also likened the incident as being similar to switching on an air-conditioning unit at a search warrant scene and thus using electricity.
 
The offending detective who took the water bottle readily admitted his error and was truthful during the investigation. The otherwise personable and gregarious offending detective had a checkered disciplinary history. He had been found untruthful during one prior internal investigation several years earlier and as a consequence remains on the "Brady List" with the local prosecutors office. The Brady list contains names of employees who have had past incidents of deception. Prosecutors must reveal the names of such officers to defense attorneys who can then use the information to attack the officers credibility.The past incidents involving the offending officer in this case had occurred over five years prior to the the theft, and in accordance with police policy could not be considered in the disciplinary action for the present incident.
 
The well-liked offending detective was also a friend and golfing partner of a command-staff member of the department.
 
The location of the search warrant and misconduct incident was an adjoining city. The police agency in that city chose not to investigate the theft.
 
The detective who reported the offense worked on the same squad as, and sat at a work-station next to the detective who committed the offense. Working relationships on the squad deteriorated immediately. The offending detective immediately requested and received a voluntary transfer to a patrol assignment.
 
The investigating supervisor informally polled both law enforcement officers and prosecutors as to what they believed the appropriate discipline should be for such conduct. Opinions were mixed. Prosecutors believed the officer should be terminated because the incident irreparably damaged his credibility. Law enforcement officers believed that the punishment should be a lesser disciplinary action.
 
The incident polarized departmental employees, some of whom thought the incident was trivial because of the value of the property taken; a two-dollar bottle of water. Others believed that theft is theft, regardless of the amount. Few appreciated the courage it took for the reporting employee to come forward against the offender.

The detective who reported the offense had agonized over the decision as to whether or not to report the misconduct. Few appreciated the emotional impact of reporting misconduct on the officer who did the right thing.
 
The command staff succumbed to pressure from the union. The resulting disciplinary action was less than that which was outlined in the departmental policy manual and disciplinary matrix that exhaustively describes punishments for every conceivable offense. The command staff decided to give the offending detective a written reprimand instead of the prescribed suspension.
 
The police union that had taken up the cause of the officer who committed the theft did nothing to support the officer who had reported the incident. He felt alienated and isolated. A minor retaliatory act occurred. Someone anonymously sent the reporting officer a slice of cheese wrapped in plastic. The reporting officer sought help from the city employee assistance program that maintains contracted psychologists and counselors.
 
The theft of a water bottle seems like a trivial incident but it was very big in the lives of those involved. The most discouraging part of the incident involved the well-oiled defense and counter-attack mounted on behalf of the offender and the lack of support for the reporting officer.
 
The situation reminds me of the 1971 testimony of Det. Frank Serpico of the New York City Police Department before the Knapp Commission.(1) He said,

The problem is that the atmosphere does not yet exist in which an honest police officer can act without fear or ridicule or reprisal from fellow officers. We must create an atmosphere in which the dishonest officer fears the honest one and not the other way around. I hope that this investigation and any future ones will deal with corruption at all levels within the department and not limit themselves to cases involving individual patrolmen. Police corruption cannot exist unless it is at least tolerated at higher levels in the department. Therefor, the most important result that can come from these hearings is a conviction by police officers, even more than the public, that the department will change.

(1) Serpico, F. (1971). Testimony before the Knapp Commission on Police Corruption. New York., Retrieved  May 17, 2003 from http://www.hellskitchen.net/develop/olympics/kriegel/nyt711215b.pdf

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

 What are your thoughts about this situation?

Posted by Dr. Kardasz at 10:23 PM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Malden, MA Officer at center of overtime investigation

By Dan Baer / dbaer@cnc.com, September 1, 2006

Malden, Massachusetts - An 18-year veteran of the Malden Police Department has come under investigation for allegedly submitting phony overtime slips that paid him close to $6,000 for hours he was actually off duty.  Michael Sawicki, the department's elderly affairs officer and head of the Malden Police union, became the center of a probe by the Middlesex District Attorney's Office after an internal audit of overtime pay by the Police Department found that he had allegedly submitted several phony overtime slips over an eight month period.

The Middlesex District Attorney's Office declined comment, but confirmed that an investigation is taking place. Sources within the department also confirmed Sawicki is under investigation for charges he made on a credit card issued by the Malden Patrolmen's Union, in addition to the overtime fraud. Sawicki is out on administrative leave, pending the outcome of the investigation.

Police Chief Kenneth Coye stressed the importance of having the inquiry finished as soon as possible. "I fully expect that this will be taken care of by the end of the week, hopefully earlier than that," he said. "That is about all I can get into without disrupting the integrity of the investigation. We are just waiting to see if this situation will be resolved on his terms or if we will have to resolve it on ours." Coye said Sawicki's terms would be resignation, but he may not escape the situation that easily, as the DA's office could still bring charges against him.

Retrieved September 3, 2006 from http://www.townonline.com/malden/localRegional/view.bg?articleid=566729

Posted by Dr. Kardasz at 04:58 PM | Permalink

Dr. Kardasz
Should  merchants give police officers and firefighters special discounts?
Read the following column by Susan Clairmont of the Hamilton Spectator.

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There's a hidden menace in that free cup of coffee

By Susan Clairmont, The Hamilton Spectator
(Aug 29, 2006)

Usually when freebies and discounts are offered to people in uniform, it's done discreetly.

Like the time I was on patrol with a constable who went into a sandwich shop, ordered lunch, then slyly pressed his empty palm against the cashier's, literally going through the motions of paying for his meal without a cent changing hands. Or once when paramedics I was riding with swung by Tim Hortons for their expected free cup of coffee. Or the firefighters who told me about the deals they get on food for the station.

Over the years, I've spent a lot of time on the job with people in uniform. Most are scrupulously conscious of paying their way fair and square. Some, I suspect, were probably on their best behaviour because I was taking notes. But a few have been so oblivious to the ethics breached by accepting gifts that it never occurred to them to hide it. It's that last group that seem to be the target of an advertisement in this paper's sports section last Saturday. It was for Niagara Falls Golf Club's "stay and play" packages.

Three days of golf, cart rental, two nights accommodations and casino shuttle. Sounds fine. But read on in the ad and you get a better idea of who the club is catering to. "V.I.P. Bachelor Golf Parties our Specialty. 1 block South of Sundowner, Seduction and Penthouse Men's Clubs."

OK, so they're about-to-be-married golfers or horny golfers or both. But keep reading. "Special rates for firefighters, police and EMS." Really? If you flash your badge or wear your fire hat or bring your stethoscope with you to the golf course, you get a deal?

I called the course. They didn't want to talk about it much. A woman there did tell me the owner is a firefighter and that the discount -- which is valid Sunday to Thursday -- is designed for emergency and law enforcement workers who often have days off during the week. Apparently the same deal doesn't apply to steelworkers or nurses or librarians or anyone else who might work the weekend and have a few days off Sunday to Thursday.

What is really interesting, though, is that the firefighter who owns the club (he didn't return my call, by the way) ought to know that most police, fire and EMS services have policies forbidding members from accepting the very sort of deal he is offering. So either he didn't think this through and has wasted a lot of money in advertising dollars or he must believe those policies are ignored often enough that he can profit from those indiscretions.

Hamilton police have a policy that clearly and strictly forbids members from accepting or soliciting "any gift, benefit, money, discount, favour or other assistance of any nature or kind" being offered "because of the member's position as a member of the police service unless such is also offered or made available to all members of the public."

So is it OK for a Hamilton cop to take Niagara Falls Golf Club up on its discount? "No," says Deputy Chief Tom Marlor. The Hamilton Fire Department's policy is a little less specific. Each firefighter is "personally responsible" for ensuring they do not place themselves in a position of breach of trust. The department does not condone the acceptance of special offers or freebies. "That compromises our integrity," says Tim Boychuck, assistant deputy fire chief. "No deals. Everybody has a job to do in life. We are no different from anybody else."

Niagara police rely on the Police Services Act to guide its decisions about gifts and deals. Quite simply, they are not allowed. Badging your way to a golf course discount just isn't acceptable and can actually be punishable by a charge of misconduct.

You may think this is a lofty discussion to be having about a few rounds of golf. The money isn't huge. The cops and firefighters and paramedics would be off duty. Big deal? Well, it is a big deal. And it is often encapsulated in a single cup of coffee. It's just a fact. Cops, firefighters and paramedics are offered free coffee all the time. "The free coffee for the police officers on duty is not proper," says Inspector Joe Matthews of the Policing Standards Unit in Niagara.

No matter how well-intentioned the offer, the optics and sometimes the repercussions are messy. Will the coffee shop that gives out free java attract more cops and be a safer, busier spot than other businesses? If there is a problem at that shop, will police respond faster? If the owner of the shop gets into trouble, will the cops do him or her a favour? There are a lot of accusations that can fly when someone in a position of authority or power takes advantage of their status. Whether the compromising of integrity is real or imagined, the optics aren't good. Just buy the cup of coffee.

Susan Clairmont's commentary appears regularly in The Spectator. sclairmont@thespec.com 905-526-3539

Retrieved August 30, 2006 from http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&c=Article&cid=1156801812554&call_pageid=1020420665036&col=1014656511815

Posted by Dr. Kardasz at 04:23 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Council to decide former officer's appeal

Wickenburg, Arizona, August 30, 2006

By Janet DelTufo, Assistant Editor 

When the Wickenburg Town Council meets next week, it will decide whether or not to uphold a 3-month-old decision to terminate Wickenburg Police Officer James Christian Sallee. The meeting will take place at Town Hall Tuesday (Sept. 5) at 5:30 p.m. The meeting was moved from Monday to Tuesday in observance of Labor Day.

Sallee's employment with the town ended this past May at the conclusion of an internal investigation relating to a 2004 off-duty incident that took place north of Yarnell. The final decision to terminate Sallee was made by Town Manager Shane Dille. Sallee appealed the decision, and earlier this month he met with the Wickenburg Personnel Board during a three-hour closed-door hearing. The three-member board consisted of a council member (Vice Mayor Jim Girard) a town employee (Stacey Canary) and a citizen (G.R. Cason). The following day, the board contacted Sallee and his attorney in writing with its decision.

“The personnel board has listened to the testimony tapes and reviewed the hearing testimony and findings,” the memo said. “The evidence is very clear in support of the discharge of Officer James Sallee. “Therefore,” it said, “the board supports the decision made by staff in the termination of James Christian Sallee and sends this decision and recommendation to the Town Council of Wickenburg.”

The council will review the board's findings and recommendation during a possible executive session, and Sallee's attorney is expected to file a brief opposing the board's decision. The investigation leading to Sallee's termination involved a traffic incident in which Sallee was stopped by the Yavapai County Sheriff's Office (YCSO) for allegedly driving 92 mph in a 55 mph zone.

The incident report was written by YCSO Deputy Michael Bricker, who in his report said Sallee was suspected of driving under the influence of alcohol. The report said a field breath test was administered, and the test was said to have registered .086. A person in Arizona is presumed intoxicated with a blood alcohol content (BAC) of .08 or above. In the report, Bricker said he placed Sallee under arrest for driving under the influence of alcohol and then transported him to the YCSO substation in Yarnell for further testing.

Bricker said in the report that Sallee tested on an intoxilyzer machine and registered a BAC of .070. Bricker said Sallee was released to his passenger and was not cited for either speeding or DUI. After learning of the incident this past April, Wickenburg Police Chief Tony Melendez conducted an internal investigation. According to documents providing details into the investigation, Melendez gave Sallee a written notice of investigation stating that he could be disciplined up to and including dismissal if he refused to or did not truthfully answer questions relating to the investigation.

At the conclusion of the investigation, Melendez said he found Sallee to be untruthful. “Based on factual findings supported by sufficient evidence, Officer Sallee was impaired and was given the benefit of the doubt based on his position,” Melendez said. “Officer Sallee failed to report his unethical actions to the Wickenburg Police Department, and it was further found during this investigation that Officer Sallee was untruthful by making false statements. “Officer Sallee's denial of corroborated facts calls into question his integrity, truthfulness and fitness to serve as a Wickenburg police officer,” he added. “Due to the seriousness of Officer Sallee's actions, which jeopardize public trust in the Wickenburg Police Department, it is my recommendation that Officer Sallee be terminated.”

Town Manager Shane Dille then made the decision to terminate Sallee on May 24. Sallee, however, told the personnel board that he did not make untruthful statements during the investigation. He said he was never placed under arrest and was not impaired at that time. “Deputy Bricker never placed me under arrest, and I volunteered to go take the intoxilyzer test at the Yarnell substation to prove that I was not intoxicated,” Sallee said.

Sallee also said there was not a written policy in place at that time stating that a member of the Wickenburg Police Department needed to report to his or her supervisor if he or she had any law enforcement contact while off-duty. The hearing was closed to the media, family and the general public. However, the hearing was conducted in Council Chambers and several individuals sat and waited outside the room.

Several days after the hearing, Sallee requested in writing that tapes recorded during the hearing be released to the public. It is impossible to know all the testimony that took place during the hearing because the tape released to the public was chronologically out of order, with a large block of testimony missing. Town Clerk Donna Riffel, who did not attend the hearing, said the tape recorder used is the same recorder used during council meetings. She said when it is not used correctly or paused incorrectly, the recorder malfunctions. Riffel said she has had the same results in the past during council meetings.

“This was unintentional human error,” Riffel said. “And I will state for the record that the tape was not doctored or altered in anyway.” The order of witnesses and testimony on the 60-minute tape include the swearing in of witnesses, the introduction of the panel and attorneys, opening statements by Salle's attorney, closing statements by Sallee's attorney, closing statements by the town's attorney, testimony by Shane Dille, testimony by Chris Sallee, and it concludes with questions from the personnel board.

What is missing from the tape is approximately 45 minutes of testimony from Chief Melendez, and testimony from Judge John Henry and YCSO's Major John O'Hagen. Henry and O'Hagen were called as witnesses for Sallee. Heard on the tape during opening statements was Sallee's attorney Janet L. Feltz, saying her client did not violate any of the rules cited in his disciplinary notice. Feltz said Sallee did not discredit the town because he was never cited for the incident, nor did he lack candor in his written reply regarding the incident.

“The deputy may have written in a report that he the took Officer Sallee to the Yarnell substation and used the term ‘I placed him under arrest' without making a statement to that effect to Chris at the scene,” Feltz said. “Chris suggested they go to the substation, so the deputy had to write a report.” Deputy Bricker was not called by either side to testify, and board member Cason questioned that decision. He told Feltz that she had placed a lot of emphasis on whether Sallee was actually placed under arrest or not, and he wondered why Bricker was not there to testify.

Feltz responded by saying that the town was making the allegation, and that it was the town's choice to make the allegation through hearsay instead of through direct testimony. “We're here with the officer,” Feltz said. “You have first-hand testimony and can assess his credibility. I don't think it is our responsibility to bring in Deputy Bricker. I think it is the city's responsibility to do that if they want to establish the allegation.”

With that, Cason then asked town attorney Russ Romney why he did not include Bricker on the town's witness list. Romney told Cason that Bricker was out of town that week and he had been unable to subpoena him. Sallee, who worked for the town for 12 years, believes he did not receive due process. He said he was never given a chance to speak to Melendez or Dille regarding his account of the events versus the account of Deputy Bricker after he wrote his initial response to Melendez.

He said he knew the importance of telling the truth, realizing he could be terminated if he was not truthful. He also said that he could lose his certification with Arizona Police Officers Standard and Training (POST) if he was not truthful. Sallee said he swore to tell truth when the hearing began, and that his story has not changed since the time of the incident.

“I love being a police officer and enjoy working for the town,” Sallee said “And I always aspired to follow in the footsteps of my grandfather, who passed away at 91. He was a sergeant and a 35-year veteran of the Lexington (Kentucky) Police Department. “But I am very concerned about the tape that was recorded during my hearing,” he added. “The Town Council may listen to it when trying to make a decision, and it is inaccurate because of all the missing testimony.”

Sallee has not said what will be his next move if he is not reinstated with the Wickenburg Police Department. He said for now he is just trying to clear up the situation so that he can move on with his life. “It's been really hard living here and having people stare at me and make comments,” he said. “I have made mistakes and I made one last December when I was impaired and I had an accident.

“I received disciplinary action from the town and I did not fight it because there was a consequence to my action,” he added. “I do regret, however, that it has taken me this long to say I am sorry for what I did.” Sallee was referring to an incident where he was cited for extreme driving under the influence. Sallee was suspended without pay for 30 days and the charges were eventually dismissed in that case.

Retrieved August 30, 2006 from http://www.wickenburgsun.com/articles/2006/08/30/news/news02.prtws/news02.prt

Posted by Dr. Kardasz at 12:23 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Sheriff fires Burright
Swinyard dismisses sergeant who listed phony degree; he couldn’t be credible in court, D.A. said

By Rebecca Barrett, Gazette-Times reporter

Oregon - Benton County Sheriff Sgt. Jack Burright was fired Tuesday for misrepresenting his academic and training credentials on county job application forms.

Sheriff Jim Swinyard announced his decision at the law enforcement center. Earlier Tuesday, Swinyard met with Burright to deliver the termination papers and offer him a job as work crew supervisor, a position that doesn’t require law enforcement certification. Burright declined that offer.

As part of an internal investigation, Swinyard reviewed findings of a criminal investigation of Burright conducted by the Oregon State Police into statements and representations Burright made as an employee and former candidate for sheriff. Burright was cleared of forgery — because the statute of limitations had expired — and official misconduct last month. Burright withdrew as a sheriff candidate in July.

Swinyard said Burright’s credibility had been “severely compromised by a pattern of untruthful representations and statements over a period of years.”

Burright, in a prepared statement, said he didn’t intentionally deceive anyone and called the investigation and his termination unfair.

“While I could live with losing an election, it seems patently unfair that I am also losing my livelihood over an election,” Burright said.

“My disparate treatment appears to be based not in the underlying allegations, but my actions in running for sheriff.”

An attorney representing Burright had previously filed three tort claim notices with the county, giving notice that Burright intends to sue Benton County. Although no lawsuit has been filed and the statute of limitations expires later this year, those claims are still active, according to the county.

In those tort notices, Burright said he was the target of wrongful discrimination and retaliation after he announced he was running for sheriff.

Burright, a 13-year employee of the sheriff’s office, claims he was passed over for promotion when he applied to be lieutenant in 2004. That same job application is the one that Swinyard said was the main focus of the internal investigation, where Burright gave “untruthful representations” of his training and experience.

Internal investigation findings

Benton County District Attorney Scott Heiser told Swinyard in a July 22 e-mail that Burright’s misconduct documented in the State Police investigation “renders him no longer viable as a witness for the state of Oregon in any criminal matter in Benton County.”

Heiser said he could not accept any cases in which Burright was involved in the investigation.

“The big issue is he’s got to be able to go into court and be a viable and credible witness,” Swinyard said.

Burright was investigated by the Oregon State Police at Heiser’s request after the Gazette-Times in May reported discrepancies in his educational and training records.

Burright indicated on job and training applications and his candidate filing form that he had completed or graduated from Corvallis High School when he did not. He received a GED.

In addition, Burright bought a degree from an unaccredited online diploma mill called Farington University, and listed it on a 2004 application for lieutenant. He did not get that job.

At the request of the state Department of Public Safety Standards and Training, Swinyard will send the internal investigation report to the law enforcement licensing division for review. In a “worst-case scenario,” Burright’s actions could result in his police certification being revoked, Swinyard said.

Meanwhile, the Elections Division of the Secretary of State’s Office is investigating a complaint that Burright knowingly falsified his candidate filing by indicating that he completed high school and that he had degrees pending when he had not completed required coursework at Linn-Benton Community College and Southwest University, an accredited online college.

Some political Web sites are promoting Burright as a write-in candidate for sheriff. Swinyard, who is retiring in December and has backed undersheriff Diana Simpson for sheriff, said that being fired wouldn’t disqualify Burright; however, he would no longer be eligible if his certification from the state licensing agency were revoked.

Swinyard said the foundation of law enforcement is public trust. He said the sheriff’s office conducts background investigations of all its employees, and although Burright’s background investigation could not be found, it does not mean there is something wrong with the county’s hiring or employee evaluation process.

Once hired, all deputies swear to abide by an ethics code and to conduct themselves in a manner that would bring credibility to the agency, Swinyard said.

Swinyard said that Burright’s leadership and expertise as a tactical defense instructor and SWAT team leader would be missed, but others in the sheriff’s office are qualified to fill his vacancy.

Burright’s attorney, Kent Hickam of Albany, called the firing a “great loss to law enforcement in Benton County. It’s completely unwarranted by anything he did.”

Reporter Ian Rollins of the Albany Democrat-Herald contributed to this report.

Retrieved August 26, 2006 from http://www.gazettetimes.com/articles/2006/08/16/news/community/wed02.txt

Posted by Dr. Kardasz at 10:54 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Credit Card Records Show Former Newark Mayor on Far-Flung Trips

08-23-06, AP
Newark, New Jersey - Former Newark Mayor Sharpe James used a credit card issued by the city police department to rack up tens of thousands of dollars in charges at taxpayers' expense, according to a published report.

Among the $80,000 expenses was a more than $6,500 tab for a five-day trip to Rio de Janeiro during the final week of James' 20-year tenure as mayor of New Jersey's largest city, according to credit card records reported in The Sunday Star-Ledger of Newark.

The charges, for a card paid for with Newark police department funds, came on top of more than $70,000 in expenses on a previously disclosed card billed to City Hall.

James told the newspaper that he went on the June trip, which included a stay in a luxury hotel and dining in fine restaurants, to follow up on a 2004 visit in which he lectured on "affirmative action, sanitation, housing and poor people."

"I went to the consul general and met with him to discuss these issues. I wanted to see if my (earlier) visit paid off, and I found it did pay off," James said. When asked about the two bodyguards he took with him, James said, "Brazil is a hot spot for crime - everybody knows that."

The $80,000 in charges over two and a half years were for a Platinum Plus Visa card issued to "Sharpe James Newark Mayor Sec Pol Bus" and paid for with Newark police funds, according to records. The mayor's use of the card had not been previously disclosed.

The Star-Ledger in 2005 had made a public records request for James' expenses, and then received information on another Visa card billed to City Hall. On that card, there were charges for more than $70,000 from 2002 through 2004.

Newark Mayor Cory Booker said Friday that he had only recently learned himself of James' police department account. He said he had directed his staff to conduct a review of it. "Our investigation thus far appears to reveal an egregious and unacceptable use of public funds, especially in light of our urgent community needs, current fiscal crisis and common values," Booker said.

James said he needed two credit cards, instead of one, to cover his expenses because, "Sometimes the city doesn't pay properly." "If one account gets rejected, they use the other card," he said.

Credit card records on the police department account covered November 2003 through June 2006, but the records also said that James had had the card for a total eight years. The card also paid for multiple trips to Puerto Rico, the Dominican Republic, Florida, Martha's Vineyard, North Carolina and Atlantic City. Every trip in which the taxpayers paid the bill was city-related, according to James, who said he reimbursed the city when expenses weren't for city business.

An official with the Center for Public Integrity in Washington, D.C., described James' expenses as "audacious." "It probably doesn't get any more clear-cut than using a public credit card ... and taking yourself to nice events _ not even fancy dinners in town, but resorts in exotic locales," said Leah Rush, director of state projects at the center.

James said traveling for Newark was a good thing."As the last of the civil rights mayors in America, I had to travel and sell this city and the world about the Newark success story," he said.

Retrieved August 24, 2006 from http://blackvoices.aol.com/black_news/canvas_directory_headlines_features/_a/credit-card-records-show-former-newark/20060823101609990001

Posted by Dr. Kardasz at 03:25 AM | Permalink

Dr. Kardasz -

Read the following report and consider:

1. Which typology of unethical behavior was exhibited by the accused?
     a. Why did you choose that typology?
2. Which decision making process might have prevented the accused from making the wrong decision?
     a.Why did you choose that decision making process?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Los Angeles Police Department Officer Who Was Targeted in Sting Is Charged.
Policeman from the Rampart Division, which was plagued by scandal in the late '90s, is accused of making false arrests.

By Richard Winton, Los Angeles Times, August 12, 2006

A veteran Rampart Division officer was charged Friday with making false arrests, culminating an elaborate sting operation by the Los Angeles Police Department.

Authorities allege that Edward Beltran Zamora arrested two undercover officers — who were posing as suspects — on suspicion of possessing drugs, when surveillance video showed that they did not. The six-month operation by the LAPD's Ethics Enforcement Section began after officials noticed an unusual pattern to Zamora's arrests, they said.

The team was created in 2001 as part of the reforms instituted to help ferret out corruption after the Rampart scandal. Chief William J. Bratton has cited the Zamora case as an example of how the department is trying to tackle such problems. Zamora, 44, could not be reached for comment Friday. He faces up to three years in prison if convicted of the felony of filing a false police report and two misdemeanor counts each of false arrest and false imprisonment.

Several times during his 16-year tenure, suspects have accused Zamora of planting evidence. The city has paid $520,000 to settle two civil lawsuits filed against him. In December, the City Council approved a $300,000 settlement of a lawsuit by a 42-year-old man whom Zamora and a partner had arrested on suspicion of possessing a rifle.

A year before, the council approved a $220,000 settlement with a South Los Angeles man who alleged that Zamora and other officers had planted a rifle and a bag of drugs on him after they searched his home in November 1998.

In 2003, Zamora was accused in an internal LAPD report of dishonesty, making false statements and falsifying his daily activity field report. Few details of the accusations are available. But an LAPD Board of Rights found him guilty of having a report log that did not match information on radio frequencies and a computer system, according to court records.

Zamora was arrested at the LAPD's Parker Center headquarters Friday morning and released on $20,000 bail. His arraignment will be Sept. 8. Prosecutors said friday that the detectives actually conducted two stings against Zamora. The first occurred in January.

But Zamora did not file a police report on that case, so the internal investigation continued. Then on May 9 in the MacArthur Park area, Zamora arrested a person who he did not realize was an undercover detective.

Prosecutors say Zamora falsely claimed in a police report that he found a baggie of cocaine directly next to "the suspect." But videotape reportedly shows that the baggie was more than 15 feet away and that no drugs were on the undercover detective, said Jane Robison, a spokeswoman for the district attorney's office.

The Zamora case has gained attention because he worked out of a station that in the late 1990s became a symbol of corruption. Rampart Officer Rafael Perez, after being caught stealing narcotics, told authorities that he and other officers had routinely falsified evidence, framed suspects and covered up unjustified shootings.

After an investigation, the U.S. Justice Department accused the city and the LAPD of civil rights violations. The city agreed to a five-year consent decree under which the Police Department would make a series of reforms with scrutiny from a federal judge and a court-appointed monitor.

A blue-ribbon report released last month found that although the LAPD has made improvements since the consent decree was imposed, the department is still at risk of officer misconduct and corruption.

Internal stings like the one targeting Zamora were among the measures instituted after the Rampart scandal. In 2004, the Ethics Enforcement Section conducted 127 internal investigations. Of them, 18 led to administrative discipline cases and six were referred to the district attorney for possible criminal prosecution. Last year, there were 204 investigations, with 15 administrative discipline actions and one criminal referral.

Retrieved August 13, 2006 from http://www.latimes.com/news/printedition/california/la-me-rampart12aug12,1,7031109.story?coll=la-headlines-pe-california

Posted by Dr. Kardasz at 08:25 PM | Permalink

Posted by Dr. Kardasz at 08:23 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Police captain at Florida Atlantic University resigned amid sex allegations

By Stephanie Slater, Palm Beach Post Staff Writer, August 11, 2006

Boca Raton, Florida — A Florida Atlantic University police captain resigned amid allegations he had on-duty sex with a student and pornographic images and e-mails on his department-issued cellphone and two computers.

Capt. Carl "Chuck" Aurin, 45, also kept in a locked file cabinet a video of him engaging in sex with a student, FAU Police Chief Bill Ferrell said. Ferrell said that Aurin's March 30 resignation stemmed from a separate complaint into possible ethical violations, but he would not elaborate. While the department looked into the ethics allegations, Aurin, who had been supervising the investigative and internal affairs divisions, was reassigned to oversee the shift commanders. On March 15, Aurin returned his Nextel BlackBerry phone and the keys to his office and unmarked patrol car. Two days later, Ferrell noticed that the BlackBerry was receiving a "high volume" of pornographic spam e-mail, according to an internal affairs investigation.

Deputy Chief Derrick Charleston then searched Aurin's patrol car and found a burgundy sketchbook containing sexually explicit messages and drawings about the captain's encounters with the student, which reportedly took place while he was patrolling the university's Boca Raton and Fort Lauderdale campuses. While searching Aurin's office, Charleston found pornographic movies and pictures on two computers. They were sent to the Florida Department of Law Enforcement to determine whether any of the material was criminal. Analysts found nothing illegal, Ferrell said, adding that all police laptops now have software that monitors for inappropriate Web sites. When Ferrell met with Aurin to discuss the findings, the captain immediately resigned. That same day, Aurin wrote in a letter to the chief that he resigned "with a heavy heart... due to personal reasons." Aurin, who on his Myspace.com profile describes himself as "hardcore but cuddly," joined FAU's police force in 1992. Neither he nor his attorney returned calls for comment.

There is no policy at FAU prohibiting fraternization among employees, but there are ethical rules that prohibit relationships between employees and their bosses, President Frank Brogan said, adding that it is an ethical violation for professors to have sex with students. There is no police department policy banning officers from having relationships with other officers or students, Ferrell said. The thing I preach is that what you do outside the police department is your business, and you keep your business outside the police department, " Ferrell said.

Aurin was never questioned during the internal affairs investigation, which concluded as soon as he resigned, the report shows. Ferrell said he has no plans to send his findings FDLE's Criminal Justice Standards and Training Commission, a 19-member panel of representatives from law enforcement agencies that could revoke Aurin's certification. "He never got the opportunity to speak his side because he resigned. I have no idea what he was going to admit or deny," Ferrell said. FDLE's records indicate that Aurin resigned but do not reflect the reason, spokesman Tom Berlinger said. "When a law enforcement officer leaves in the midst of an internal affairs investigation, the agency has an obligation to complete the investigation and report its findings to the Criminal Justice Standards and Training Commission," Berlinger said. "If that did not occur, I have no doubt that commission staff will be contacting the chief about Captain Aurin's departure."

Ferrell, a former Florida Highway Patrol lieutenant who became FAU's police chief in January, is cleaning up a department that Brogan said "has gone through some difficult times" — namely, sexual misconduct allegations. He replaced former Chief Dolores Danser, who was dismissed in June 2005 at the start of an internal probe that found that a police lieutenant sexually harassed three women the agency employed. Lt. Darren Kirch had sex with a female officer at a Boca Raton park after her first day of work, had a three-month affair with another subordinate and flirted while on duty with a third officer, the investigation concluded. Kirch resigned June 8, 2005. "It's so far behind us," Ferrell said. "I'm very aggressive toward making sure the image of the police department is not destroyed." Ferrell said he gave all 42 sworn officers a copy of the agency's code of ethics and explained the serious nature of violating ethical rules. "When there's issues in the police department that could be perceived to bring or slow us down, we deal with it," Ferrell said. "And if it means that the person has to leave, they're gone."

Staff writer Kim Miller and staff researcher Melanie Mena contributed to this story.
Find this article at:
http://www.palmbeachpost.com/pbcsouth/content/local_news/epaper/2006/08/11/c1c_fausex_0811.html

Posted by Dr. Kardasz at 01:32 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Fort Pierce chief indicted on forgery, theft charges unrelated to job
 

By Sarah Prohaska, Allyson Bird, Palm Beach Post Staff Writers, August 10, 2006

Fort Pierce, Florida - Police Chief Eugene Savage was booked into the St. Lucie County jail on Wednesday, hours after a grand jury indicted him on three felony charges alleging he forged his ex-wife's signature on a $5,800 real estate check and deposited the money. After his arrest, Savage was placed on unpaid administrative leave from the Fort Pierce Police Department, which he has led for almost a decade.

Savage and his attorneys drove into the jail parking lot in a black Monte Carlo with tinted windows shortly after 2:30 p.m. The booking process took about a half-hour, and they quickly drove out of the secure area without commenting. He was released on $3,000 bond. Earlier Wednesday, Savage's ex-wife, North Miami Police Chief Gwendolyn Boyd, testified before the grand jury, along with agents from the Florida Department of Law Enforcement. The agency has been investigating the check allegations since late January. Grand jury proceedings are closed to the public.

Boyd declined to comment as she left the courthouse. A few minutes later, the grand jury issued the indictment charging Savage with third-degree grand theft, forgery of a bank check and uttering a forged bill. All three charges are third-degree felonies, punishable by a maximum of five years in prison for each count. Prosecutors said it is "questionable" whether a judge could order the sentences to run consecutively if Savage is convicted.

Assistant State Attorney Lev Evans said Savage has no criminal history and the charges are not connected to his job as police chief. "These allegations do not involve any official malfeasance," said Evans, who presented the case to the grand jury. "It doesn't involve the police department or the city. It seems this is more of a domestic matter."

The charges are connected to an escrow check issued to both Savage and Boyd in November, Evans said. Savage is accused of forging his ex-wife's signature, depositing the check in a bank and keeping the money, he said. Even though Savage's name was on the check, Evans said that, "under the law, you can't sign the name of another with the intent to defraud."

Boyd asked the FDLE to investigate in late January and State Attorney Bruce Colton decided to ask a grand jury whether the office should prosecute. "In a case like this, where we have a close relationship with his office, we didn't want it to look like it was either vindictiveness or favoritism on our part," Evans said. "He is law enforcement, and he is chief of police of one of the most active law enforcement agencies in our circuit. So we asked the grand jury to make the decision whether he should stand trial."

Savage has cooperated with the investigation and given several statements to FDLE agents, Evans said. Savage's attorney could not be reached Wednesday. The Fort Pierce city manager's office said Savage "relinquished his duties and responsibilities" Wednesday. City Manager Dennis Beach said Savage would remain on administrative leave without pay until the courts determine whether he is guilty.

Assistant Chief Sean Baldwin will be acting police chief. The city manager's office and the police department stressed that the charges are related to Savage's personal life. "It is my hope that a positive resolution of the charges occur(s) soon and Chief Savage is able to return to a city that truly appreciates his skill and commitment," Beach said.

The forgery allegations first came to Beach's attention in a confidential May 3 memo from Savage. Savage described meeting with FDLE investigators about an "allegation made against (him) for violating a court order dealing with an escrow settlement."

On July 31, Evans sent a letter to Savage inviting him to appear before a grand jury Wednesday, which Savage declined to do. Two days later, Savage sent a confidential memo to Beach asking to step down as chief at the end of the day on Aug. 4.

"I do not desire to compromise the integrity of the police department," Savage wrote. He followed that memo with another, saying his attorneys advised him to remain chief until the grand jury's decision. His arrest Wednesday leaves him in limbo until the case is resolved.

Savage, 57, was born in Jacksonville and served in the Army in the Vietnam War, earning several medals. According to his personnel file, he joined the West Palm Beach Police Department in 1970 and became the department's first black captain. He also was the first black president of the Treasure Coast Chiefs and Sheriffs Association and a leader in other law enforcement groups.
Savage studied public administration at Florida Atlantic University and finished his doctoral degree at Lynn University in 1990. He was named the Fort Pierce Police Department's first black chief in 1997. His salary, as of April, was more than $106,000.

He married Boyd in 2000, making a splash in the local and national media. They were divorced in 2005. Boyd testified last year that she caught Savage at the couple's Fort Pierce condominium in 2004. He was in his underwear and his secretary, Rosetta Smith, was hiding in their guest bathroom in a nightshirt, she said. Both denied having an affair.

An unidentified group began sending anti-Savage propaganda, prompting an FBI investigation into fictitious e-mails between Savage and Smith. The FBI determined that Savage's computer was not hacked into by someone outside the police department.

When St. Lucie County sheriff's officials released Savage's arrest report Wednesday, they included public records law and a handwritten memo from Savage dated Wednesday: "I do not desire to have any personal information released to the media, due to my status as a public official."
 
Retrieved August 11, 2006 from http://www.palmbeachpost.com/news/content/local_news/epaper/2006/08/10/m1a_SLSAVAGE_0810.html 

Posted by Dr. Kardasz at 03:42 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Class of police recruits is fired - Cobb group caught in cheating scandal

By Jennifer Brett, The Atlanta Journal-Constitution, 08/08/06

An entire class of Cobb County police recruits was fired Monday after they cheated on a test, authorities said. "Not much shocks me after 35 years in this business, but I was shocked," said Mickey Lloyd, Cobb's public safety director.

A police academy instructor caught two recruits comparing answers during a written exam last week, Lloyd said. After the academy alerted Lloyd on Friday, he ordered an inquest and soon learned that all 20 recruits had cheated, he said.

Most of the recruits admitted to cheating when asked about it, Lloyd said. "They'd gotten together and decided none of them was going to fail," said Lloyd. It's not clear how the recruits cheated, though Lloyd said they did not steal the test.

The news "dismayed" Cobb County Commissioner Helen Goreham, but she praised the swift response in drumming out the recruits suspected of cheating."Integrity with our police officers is something we do not skimp on," said Goreham, the commissioners' public safety liaison. "The level of service our officers provide the citizenry is top-notch. We will not tolerate an incident of this type."

Investigators do not plan to file criminal charges against any class members — a mix of men and women of various backgrounds — but they might not ever wear a law enforcement badge in Georgia, Lloyd said. Authorities did not release the recruits' names.

Cobb officials plan to report the dismissals to the Georgia Peace Officer Standards and Training Council, which oversees the training and certification of law enforcement officers. To get into the class, recruits had to have at least a high school diploma and pass a background check as well as psychiatric and polygraph tests — measures intended to weed out certain would-be cops.
"You'd think you'd have the cream of the crop," Lloyd said.

The recruits were county employees training to become sworn police officers. They were in the fifth week of a 22-week training period required to join about 600 officers on Cobb's police force, where salaries start around $34,600. Instructors stress the importance of honesty with recruits. Police officers are often key witnesses in criminal trials.

"If you cheat, steal or lie, you lose your credibility in court," Lloyd said. Commission Chairman Sam Olens said, "Our police officers need to be beyond reproach."

Lloyd sounded weary and disappointed Monday but stressed his confidence in Cobb County's thin blue line. "The Cobb County Police Department is among the best in the state," he said. "There are a lot of fine officers out there. They work hard and they're honest. This had to be done in order to maintain this reputation."

News of the incident was rippling through the police department and Retcounty administration Monday. "Everybody's very disturbed about it," said police spokesman Dana Pierce. "It's a disappointment to all of us."

Retrieved August 9, 2006 from http://www.ajc.com/metro/content/metro/cobb/stories/0808metpolice.html?imw=Y

Posted by Dr. Kardasz at 12:11 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Ex-trooper pleads guilty to gambling charges

Aug 2006, CBC Sports

A former New Jersey state trooper has pleaded guilty to charges that he helped run a sports gambling ring that allegedly included former hockey star Rick Tocchet. James Harney faces up to seven years prison for his part in a sports gambling ring. (Canadian Press) As part of a deal, James Harney pleaded guilty to conspiracy, promoting gambling and official misconduct. He faces up to seven years prison and has agreed to help authorities with their case against the other accused members of the ring.

Authorities, who dubbed their investigation Operation Slapshot, claim Harney assisted Tocchet and James Ulmer operate a sports gambling ring that catered to current NHL players and celebrities.

No bettors were ever publicly identified, but two anonymous law enforcement officials told the Associated Press in February that Janet Jones, the wife of Phoenix Coyotes coach Wayne Gretzky, was among those who allegedly placed bets with the operation.

Lawyers for Jones and Tocchet filed notice May 8 that they plan to sue the New Jersey Department of Law and Public Safety, the state police and the head of the state police public information office for allegedly defaming them by illegally releasing evidence from confidential wiretaps.

The filings were not lawsuits, but Jones and Tocchet have up to two years to officially file a suit. Tocchet has taken an indefinite leave of absence from his job as assistant coach of the Coyotes.

Harney and Tocchet became acquainted more than a decade ago when Harney bartended in Philadelphia and Tocchet played for the Philadelphia Flyers. Harney was suspended from the state police in February after he was charged. He resigned from his job on Wednesday after posting a public apology for his role in the ring on his lawyer's website.

With files from The Canadian Press
Canadian Broadcasting Corporation - All Rights Reserved
Retrieved August 3, 2006 from http://www.cbc.ca/story/sports/national/2006/08/03/operationslapshot.html?print

Posted by Dr. Kardasz at 08:47 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Veteran New Orleans police captain fired for neglecting duties - Tennis, long lunches occupied Mendoza

July 29, 2006, By Michael Perlstein

New Orleans Police Chief Warren Riley on Friday fired Capt. Harry Mendoza, the department's high-profile traffic commander, ruling that the 30-year veteran regularly spent large chunks of his workday on the tennis court, in the gym and, at times, just relaxing at home. Mendoza, 52, was fired for seven separate counts of neglect of duty in a closely watched case that was vigorously contested by Mendoza and his attorney. The former captain also was cited for transporting civilians in his police vehicle and wearing an unauthorized uniform while working a private security detail.

Assistant Chief Marlon Defillo, commander of the Public Integrity Bureau, said his investigators tailed Mendoza for several weeks in April and were shocked by the lack of time Mendoza spent on the job. Defillo said investigators found the captain attending not to work but to a busy schedule of personal activities. "We substantiated claims that the captain was at work for a minimal amount of time or, sometimes, not at work at all," Defillo said. "He was seen playing tennis, working out at the gym, enjoying extended lunch and dinner engagements at restaurants. A lot of these activities took place in Jefferson Parish and certainly weren't in the best interest of the Police Department or the public."

Mendoza's attorney, Eric Hessler, said whatever was discovered during the integrity bureau's surveillance is irrelevant because Mendoza isn't an hourly employee and so isn't tethered to a time clock. He said Mendoza often conducted business by phone and was on call 24 hours a day. Hessler said he is preparing an appeal to the Civil Service Commission. "I can assure you," Hessler said, "this case will be reversed by Civil Service. Harry Mendoza will be a New Orleans police officer again and he will be a captain. Even if they proved some of the allegations against him, it certainly wouldn't have supported termination." Hessler suggested that politics played a significant role in the case, starting with the Police Department's decision to investigate Mendoza.

Mendoza is a longtime friend of Lt. Gov. Mitch Landrieu and openly supported Landrieu during his bid to unseat New Orleans Mayor Ray Nagin. When it appeared that Landrieu had a good chance against Nagin in the mayoral runoff, speculation within the department had Mendoza in line for a major promotion under a Landrieu regime. Landrieu made it clear during the campaign that, if elected, he would conduct a national search for a new police chief. "This case got caught up in personalities and politics," Hessler said. "This is a 30-year-employee with an excellent record who, during Katrina, commanded one of the only units with 100 percent retention. Unfortunately, if someone gets respect and admiration throughout the department for their work, the department tries to knock them down."  Defillo flatly rejected any notion that politics entered into the investigation.

"Nobody influenced anyone to do anything," Defillo said. "The facts are the facts. Even though Capt. Mendoza was a salaried employee, he has to be at work. He has to be able to lead and manage his officers in an effective manner. He cannot be on the tennis court and in the gym and be an effective leader." The conduct of police commanders is always critical, Defillo said, but especially so with the department short-handed and being assisted by outside agencies since Hurricane Katrina. The most recent help has come from National Guard troops and State Police troopers, who have been supplementing local police patrols since the beginning of summer.
"The public deserves more, especially during this time when the city has brought in outside resources to help prevent crime and provide public safety," Defillo said.

Michael Perlstein can be reached at mperlstein@timespicayune.com or (504) 826-3316.

Retrieved August 3, 2006 from http://www.nola.com/printer/printer.ssf?/base/news-6/115415288496960.xml&coll=1

Posted by Dr. Kardasz at 05:15 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Three Boston Cops Arrested In Miami for Drug Scheme

Juyl 21, 2006 , Shomari Stone, CBS4 News

Miami, Florida - Three Boston, Massachusetts police officers have been arrested in Miami, charged with a scheme to protect drug shipments. Prosecutors claim they accepted $36 thousand to protect a shipment of 100 Kilos of cocaine from Western Massachussetts to Boston.

41-year-old Robert Pulido was arrested Thursday by undercover FBI agents in Miami. In April, Pulido also allegedly accepted a $20,000 payment for helping facilitate a drug deal between two undercover police officers in Jamaica Plain.

"It's always a somber moment when it becomes necessary to arrest and prosecute a member of law enforcement who has abused his authority and crossed the line from crime fighter to criminal," said U.S. Attorney Michael Sullivan.

Pulido first came to the attention of investigators more than two years ago. They say he became involved in a scheme to obtain fradulent gift cards from retail stores which were obtained from an identity theft ring.

Pulido allegedly pulled over motorists and obtained their license number and personal information to obtain lines of credit for himself.

Two other officers, Nelson Carrasquillo and Carlos Pizarro, were also arrested in Miami. It may take a week before all three are returned to Boston.

Acting Police Commissioner Albert Goslin released this statement in regards to the arrests of the officers:

"While I cannot comment on the allegations made against these officers, I would like to reiterate my faith in the men and women of this Department. I firmly believe that 99 percent of the officers in this Department do their jobs faithfully, with integrity and professionalism."

"This Department will continue to have no tolerance for corruption, as evidenced by the fact that we were part of the investigation� We will continue to work aggressively to uncover any form of criminal activity that may be conducted by members of this Department, sworn or civilian. We will not stand for anyone who does not uphold their oath of office."

CBS Broadcasting Inc.
Retrieved July 22 2006 from http://cbs4.com/local/local_story_202220847.html

Posted by Dr. Kardasz at 01:22 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Canadian top court sets tighter rules for corruption prosecutions

Jim Brown, Canadian Press, Friday, July 14, 2006

OTTAWA (CP) - The Supreme Court of Canada, saying there's a difference between being unethical and being a criminal, has tightened the legal rules to make it tougher to convict politicians and public servants of breach of trust.

In a 7-0 ruling Thursday, the court overturned a previous guilty verdict against Denis Boulanger, the former police chief of Varennes, Que. He was charged after asking a subordinate to write a traffic accident report that helped clear the chief's daughter of blame for insurance purposes.

Chief Justice Beverley McLachlin, writing for the court, said there's no doubt the breach-of-trust law reflects an "ancient and important" principle - that public officials have a duty to use their offices for public good, not private benefit. "This duty lies at the heart of good governance. It is essential to retain the confidence of the public in those who exercise power." But that doesn't mean office holders are guilty of a crime every time they commit a transgression. "Perfection has never been the standard for criminal culpability in this domain."

The judgment marks the first time the Supreme Court has laid out detailed guidelines on breach of trust since the offence was written into the Criminal Code in the 1890s. The law is worded broadly enough to cover virtually every public servant and politician in the country, from the local dog catcher to the prime minister. But it has been interpreted by different judges in different ways for more than a century.

McLachlin said Boulanger was in a conflict of interest, may have violated the code of ethics for Quebec police officers, and could be subject to disciplinary proceedings. But the legal test for a criminal conviction should set the bar higher.

To be found guilty of breach of trust, a public office holder must not only show a "marked departure"from acceptable standards of conduct, but also act with a conscious intent that smacks of "dishonesty, corruption, partiality (or) oppression."

In Boulanger's case, there was no evidence the police traffic report was inaccurate, fraudulent or misleading, even though it was clearly beneficial to the chief and his daughter. The chief's actions weren't serious enough, or his intent clear enough, to support a criminal conviction, said McLachlin.

She took pains to point out that breach of trust isn't the only sanction available to guard against official misconduct. There are a "range of regulations, guidelines and codes o ethics to which officials are subject, many of which provide for serious disciplinary sanctions." There is also a Criminal Code prohibition of influence peddling.

The most common use of that provision has been in cases of alleged bribery or other payoffs for the awarding of government contracts. Convictions have been notoriously hard to obtain, however, because of strict evidentiary rules. Politicians and public servants can also be charged with the same criminal offences that apply to everybody else, such as fraud or theft.

A celebrated recent example was Chuck Guite, the bureaucrat who ran the federal sponsorship program. He was convicted of fraud in connection with a number of contracts.

The Canadian Press 2006, CanWest Interactive, a division of CanWest MediaWorks Publications, Inc.

Retrieved July 14, 2006 from http://www.canada.com/topics/news/national/story.html?id=11a196a5-2daf-4d9f-86f5-298ae1a8331d&k=19558

Posted by Dr. Kardasz at 12:58 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Cops indicted for drug case actions 

July 12, 2006, By Douglass Crouse, Richard Cowan and James Yoo

It was an "MTV lifestyle" no ordinary cop's salary could buy, authorities say.For months, investigators say, two drug-dealing brothers gave their police officer buddies access to a world of barroom parties, Ferrari rides and boat cruises, with women and drugs available at every stop. And when that world was threatened, the officers rushed to provide protection, according to a grand jury indictment issued Tuesday against six law enforcement officers in Passaic County. Authorities say "misguided loyalty" led the officers to tip off the twin brothers -- identified by law enforcement sources as Charles Post of Pompton Lakes and Robert Post of West Paterson -- when it became clear they were targets of an upcoming drug bust in August 2004.

In so doing, the officers violated their professional oaths, authorities said, and forced investigators to move up their raids by one day. On Aug. 8 and 9, 2004, the Post brothers and 17 others were arrested for allegedly being part of a network that dealt in steroids and prescription pills. But that still left investigators eager to know who specifically had given the Post brothers a heads-up. "You can't allow something like this to go unchecked," said Bruno Mongiardo, Passaic County's first assistant prosecutor. "The integrity of the entire process had been compromised and we had to get to the bottom of it."

Pompton Lakes Officers Dennis DePrima, Robert Palianto and Michael Megna had been hanging out and partying with the two brothers for a year before the 2004 drug raids, said Jay McCann, chief assistant prosecutor for Passaic County. In addition to the boats and cars, the brothers also shared OxyContin pills and the sleep aid Ambien, McCann said, terming it an "MTV lifestyle." "It wasn't really a drug-distribution for profit," McCann said. "It was more of a social relationship between the officers and the targets." McCann described the brothers as small-scale drug dealers from a wealthy background and said they had "actively gone out and cultivated relationships with law enforcement officers." They even had obtained volunteer deputy sheriff's badges, which were taken away after their arrest.

The Post brothers could not be reached for comment Tuesday. Both stand charged with drug-related offenses, but a grand jury has not yet heard those charges.Authorities say it was Ringwood Patrolman Paul Kleiber who alerted the Pompton Lakes officers in July 2004 that they had been caught in a wiretap. At the time, Kleiber was working undercover with the Passaic County Narcotics Task Force, investigating the alleged sale and use of steroids at the World Gym in Wayne, according to Tuesday's indictment. Authorities say the gym's owners were not involved. In the course of listening to wiretaps, Kleiber heard the Pompton Lakes officers, who were friends of his, speaking to targets of the investigation, the indictment says. Soon after, he let the officers know they had been recorded, and allegedly they, in turn, alerted the Posts. The calls continued to be recorded up until the raids -- perhaps, McCann said, because the targets didn't realize all their cellphones were tapped.

Pompton Lakes Police Chief Albert Ekkers said Tuesday's indictment was a psychological blow. And with DePrima and Palianto suspended and Megna facing the same fate, the department -- with 25 officers currently working -- remains shorthanded. "When one officer, two officers, three officers are accused of a crime, it reflects badly upon us," Ekkers said. "We hope we can go on and do the things we used to do." In addition to those three officers and Kleiber, the indictment targets West Paterson Officer Richard Beagin, a former narcotics task force member and an alleged social acquaintance of the Posts, and Gerry Ward, a retired corrections officer from the Passaic County Sheriff's Department. During the August 2004 raids, Ward helped Charles Post switch from his yellow Ferrari to a less conspicuous car to avoid detection by arresting officers, according to the indictment, which refers to the brothers only as C.P. and R.P.

Five of the officers were arrested at different times in the months after the drug raid. Megna was charged for the first time in Tuesday's indictment. Megna, Beagin and Ward could not be reached. DePrima deferred comment to his attorney, who did not return calls. Palianto's attorney called the charges against his client "baseless." "His position has been all along that he was not involved in any way, shape or form and had nothing to do with any illegal conduct," attorney Miles Feinstein said. Each of the officers is charged with official misconduct and conspiracy, second-degree offenses that carry five to 10 years in state prison with a conviction. All also are charged with hindering apprehension. DePrima, Palianto and Megna additionally are charged with conspiracy to possess drugs. And Kleiber and Beagin also are charged with violation of the Wire Tap Act.

On Tuesday, Detective Macey David was standing outside the Pompton Lakes courtroom. Asked about the case, the Bergen County Sheriff's Department officer said law enforcers swear by a code of ethics and standards, and those who break it must pay. "If a cop's dirty, he deserves what he gets," he said.

E-mail: crouse@northjersey.com, cowen@northjersey.com and yoo@northjersey.com

2006 North Jersey Media Group Inc.
Retrieved July 12, 2006 from NorthJersey.com
http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXkzJmZnYmVsN2Y3dnFlZUVFeXk2OTYwMjEwJnlyaXJ5N2Y3MTdmN3ZxZWVFRXl5Mw==

Posted by Dr. Kardasz at 10:42 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

Investigator outlines more details of Denison probe

By Terry Dillman Of the News-Times

A bank account, donated vehicles, a property agreement, laptop computers, and a dead horse figure prominently in conclusions drawn by a state ethics commission investigator looking into allegations of misconduct by Toledo Police Chief Don Denison.

After a lengthy preliminary review of complaints filed by Toledo area residents Mary Johnson and Lowell Neal in January, Oregon's Government Standards and Practices Commission decided in April to proceed with a more in-depth investigation into six of the 80 allegations lodged against Denison. Don Crabtree, GSPC's investigator issued two reports - a 14-pager on his findings about Neal's allegations, and 17 pages detailing his findings from Johnson's complaints.

Neal's complaint and Crabtree's findings pertaining to it appeared in the July 5 edition of the News-Times.

Johnson's more extensive complaint focused on a variety of issues. The GSPC staff sifted through Johnson's allegations, ending up with only five under the commission's jurisdiction.

Outside bank account
Denison provided oversight for the Explorer Scout, Star Tech, and Challenge Camp youth programs in the Toledo area. Star Tech provides participants with experience and training in computer use and repair, and Challenge Camp is an annual two-week event on property owned by James and Betty Denison.

According to the report, City Manager Pete Wall told Crabtree that Denison "made all the decisions" in managing those programs. Wall also said the police chief "did not, at any time, submit a written notice to him disclosing ... a conflict of interest with regard to any of his actions."

Funding for youth activities derived from private donations and public funds from the city and Lincoln County.
"It appears that some funds were used to buy and sell state and federal surplus property," Crabtree noted. "Some money from surplus property transactions and surplus equipment were used to support youth activities."

Prior to June 22, 2004 Denison managed funds for the Explorer program under the police department's forfeiture/seizure accounts, with the city finance department maintaining and auditing account records. On that date, he opened a personal business account under the name "Toledo Police Explorer Program - Don Denison," using his personal Social Security number. Although Denison and Maria Waldrip were both authorized to sign checks from the account, it "required only one signature on checks."

During a June 8 discussion, Waldrip told Crabtree she did not sign any checks drawn from the account.

"It is unclear whether the idea for the account was Mr. Denison's or that of the city manager Mr. Wall," Crabtree stated. "They both refer to discussions they had before the account was opened." What is clear, according to the report, is an admonition from Wall and City Treasurer Polly Chavarria, advising Denison such an "outside" account "must not be linked to the city." No city money could go into the account, and checks from the account "were to require two signatures."

Crabtree cited Denison's "understanding of these conditions" in an April 4, 2004 e-mail message to Wall.

In May 2005, when Wall and Chavarria "discovered that city/county funds had been deposited into the 'outside' account, they ordered it closed." They returned the account balance to city-managed accounts and into city financial records.

After reviewing pertinent documents, Crabtree "identified several transactions and actions ... relevant to provisions of GSPC statutes. Denison signed five checks (a total sum of $872.74) in November and December 2004 made payable to four different relatives for "travel expenses" and "labor." Crabtree focused on an itemized list of travel-related expenses Denison submitted to the city finance department "on or about" Dec. 8, 2004.

"Most of the expenses were incurred by both Mr. Denison and Mr. (Oliver) Johnson during the course of acquiring and transporting surplus equipment," the report noted.

Crabtree found itemized expenses for Johnson "were the same as" those Denison had already paid Johnson in November from the outside account. A city check for $1,146.77 issued to Denison Dec. 16, 2004 included the $472.74 already paid. Prior to closing the outside account, Denison deposited $550 on May 26, 2005. Denison's written explanation to the finance department "indicated the deposit included payment for a computer and the return of the duplicate reimbursement."

Conclusion: Each of the five checks issued to relatives constitutes a violation of ORS 244.040(1)(a), and failure to notify the city of "an actual conflict of interest" in writing those checks resulted in "five distinct violations" of ORS 244.120(1)(c).

Denison's two-check $472.74 reimbursement to his father-in-law from the outside account, followed by obtaining a personal reimbursement from the city for the same $472.74, then returning the money six months later as part of a$550 deposit into the outside account "resulted in Mr. Denison gaining an interest-free loan from the city for approximately six months," and added another "distinct violation" of ORS 244.040(1)(a).

Donated vehicle sales
Denison solicited and accepted vehicles as donations to help fund the Explorer program, selling them through Oregon's surplus property sales program.

"Most of the donated vehicles" belonged to either Denison or his relatives, Crabtree noted. "When a vehicle was sold, the surplus sales office sent the proceeds to the city after deducting a service fee." Denison "submitted a statement to the finance department, designating what to pay to the donors, and the balance remained in support of youth programs." Vehicle donors received "on average" 80 percent of the proceeds.

Crabtree's report listed payment requests totaling $7,704 from seven vehicles sold by Denison and two relatives between March 1, 2004 and June 9, 2006.

Conclusion: "Five memorandums prepared by Mr. Denison requested payments to him and/or relatives," the report stated. Failure to notify his "appointing authority" in writing about the conflict of interest in making the requests resulted inn five separate violations of ORS 244.120(1)(c).

Property use agreement
City Manager Pete Wall provided background information on the agreement between the city and James and Betty Denison for the use of their property for the youth Challenge Camp and other activities.

According to Crabtree's report, Wall "indicated he has never met James or Betty Denison, nor did he discuss the agreement with them. He has never been out to the property."

Denison approached Wall in 2003 with the idea of an agreement. Wall, City Attorney Jim Ruggeri, and Denison "discussed the proposal and drew up an agreement" that Wall and Denison's parents eventually signed. Denison "acted as the intermediary," taking the agreement to his parents for signatures, then returning it to the city. Wall signed the document Aug. 14, 2003, and the Denisons signed it two days later. The effective date for the original two-year agreement was July 1, 2003, subject to annual renewals after 2005.

Crabtree referred to excerpts from the agreement stating the city would make "certain limited improvements" to the property "for the benefit of the camp and the owners" - citing brush removal, pasture improvements, mowing, and recreational equipment installation. The property owners also "acquire ownership over any improvements, recreational equipment, storage buildings, or other improvements remaining on the property" when the agreement ends.

Wall told Crabtree that Denison "managed and oversaw all of the activities that occurred under this agreement" and "managed the expenses." As far as Wall knew, volunteers provided most of the labor, and he "did not believe city personnel or equipment had been used out at the property."

The city finance department provided copies of receipts and documents Denison submitted indicating the cost of equipment and materials for improvements made on the property.

During Crabtree's preliminary review, Denison "provided his explanation" of the agreement, and "described its uses."

The 60-acre site located about 18 miles outside of Toledo features a horse pasture, tree farm, and 12 acres historically used as a campsite. In addition to Challenge Camp (initiated in 1999), church groups, scouting organizations, the Sheriff's Posse, and Denison's "extended family" use the campsite each summer.

The city's Explorer Post raises funds for the Challenge Camp, and the city provides "soft costs" such as staff time.

Denison said he is "the ultimate decision-maker" regarding improvements on his parents' property. According to a summarized list he submitted, those improvements include annual mowing, re-seeding grass, removing blackberry plants, widening the roadbed, sloped ground for an amphitheater, eight picnic tables, benches, a fire pit, river bank stairs, fence relocation and repair, a four-stall horse paddock, and a skid-mounted storage shed.

Crabtree's report listed 19 items and services - provided between 2000 and 2005, with a combined value of $20,260 - "purchased with city funds or obtained as state or federal surplus by the city." The largest expenses covered a tractor with a brush hog (acquisition value $6,640), tractor shipping ($5,100), and tractor repair ($4,126.97). According to the report, Denison referred to the property as "the SWAT training and Challenge Camp facility."

Lt. Dave Carey, patrol commander with the Lincoln County Sheriff's Department, told Crabtree the county's Interagency SWAT, Interagency Narcotics Task Force, or the Sheriff's Posse never trained at the property. "He recalls Mr. Denison indicating that the property would be available for that purpose, but he never pursued the matter because he did not believe it offered any training potential," Crabtree added.

The investigator interviewed Sheriff's Deputy Chris Miller - a former Toledo police officer who served on the SWAT team while at Toledo and remained on it after joining the Lincoln County Sheriff's Office in September 2005 - and Ken Real, a former Toledo police officer now with the Newport Police Department. "Both told me they knew of no police training, including SWAT, being provided on the property," Crabtree noted.

Conclusion: "When Mr. Denison used his official position to gain the agreement between the city and his parents, then made decisions regarding maintenance, improvements, and equipment acquisitions for the property, he committed one violation of ORS 244.040(1)(a)," Crabtree declared.

Denison also had a conflict of interest when he participated in discussions with city officials about the agreement with his parents. Normally, failure to declare such a conflict in writing is a statute violation. In this case, Crabtree cited insufficient evidence, because "in his discussions with the city manager, the content of the conversation" focused on the agreement and the city's use of his parents' property, which verbally satisfied the disclosure requirement.

Laptop computers
Two used HP Pavilion laptops purchased in 2003 for $3,210 had glitches resulting in the loss of "critical data." After warranty repairs, Denison "decided to have his children test the two laptops at home" by using them for schoolwork and computer games "to test the reliability." Denison told Crabtree he currently uses one of the laptops for police work, taking it home to do department work during off-duty time. He acknowledged the children's games and schoolwork remained on one of the computers, but "it did not interfere with" its use for official business.

When Denison tried one of the laptops in a patrol car as a way of providing officers with "a mobile data terminal," others discovered the personal files on it.

Sergeant Mark Fandrey, former officer Ken Real, and Toledo Fire Chief Will Ewing all reported seeing the information. Fandrey said he deleted the personal information after Real complained about it, then set the laptop aside because he and other officers "do not use laptops in their work."

Conclusion: Denison "admitted, and others confirmed" that he took one or more laptop computer from the police department "for his children's personal use," resulting in a single violation of ORS 244.040(1)(a).

Horse burial
Veterinarian Dennis Smialek, working for the Newport Animal Clinic headed by Steven Brown, DVM, euthanized a horse belonging to the Denison family on June 11, 2004. Using a city backhoe operated by city employee Dale VanNatta, and a police escort, Denison buried the horse on a farm off Christiansen Road near Toledo.

According to the investigation report, Denison cited the burial as an emergency occurring during a weekend.

He also said the city has a fee schedule of rates charged to citizens for use of city equipment, providing a list indicating a cost of $40 for a backhoe and $25 for the operator as outlined under Toledo Resolution No. 1150. "While it was not his intention at the time,' Denison cited funds he has donated to the city explorer program and Challenge Camp - $750 on Dec. 17, 2003, $417 on April 21, 2004, and $30 on June 30, 2005 - as "sufficient reimbursement" to the city for what he estimated as about 40 minutes of equipment and operator time.

Brown said the horse "was lame and had difficulty standing." The normal practice for disposing of a horse carcass is to use a backhoe and bury the horse "near where it dies."

Smialek - now in Bennett, Colo. - told Crabtree the call to put the horse down was not an emergency procedure. All such cases he handled for Brown were scheduled appointments.

"He believes the euthanasia was probably scheduled at least 24 hours in advance," the report noted.

By the time Smialek arrived, the backhoe operator had almost finished digging out the burial pit. He and another person coaxed the horse near the pit, where he "put it down." He and several others moved the dead horse into the pit, and the backhoe operator filled it in.

Herb Jennings, former public works director, said Denison asked VanNatta to use the backhoe for the burial. VanNatta "sought permission from his supervisor George Harden, who was relatively new to public employment," the report stated. After getting permission, VanNatta drove the backhoe to the site, with a police car escorting him "at some point." When Jennings found out about the incident later, he told Harden such use of city equipment "was not permitted," noting that "the city does not run a rental service."

Wall said he later told Denison such use of city equipment "was inappropriate."

Conclusion: Denison "used his position to gain the use of a city backhoe, city police car escort, and a city employee to bury his daughter's horse on a farm outside the city limits," Crabtree stated, noting those actions as a violation of ORS 244.040(1)(a).

"There is a preponderance of evidence to indicate that Mr. Denison committed 9 violations of ORS 244.040(1)(a) and 10 violations of ORS 244.120(1)(c)," Crabtree concluded.

The first statute prevents public officials from using or attempting to use their positions to gain a financial benefit that would otherwise be unattainable. This also applies to financial benefits for other family members. The second statute requires public officials to disclose any conflicts of interest, preferably in writing, to an "appointing authority."

Deliberation by commission members began at 9 a.m. today (Friday) in Salem. Crabtree said they would either dismiss the matter, or send it on to a "contested case" hearing.

Because the investigation had not reached the contested case level, Friday's session was not open to "lengthy argument," L. Patrick Hearn, GSPC's executive director, stated in a June 28 letter notifying Johnson, Neal, and Denison's Portland-based attorney Stephen A. Houze about the pending decision.

Hearn told them they might have permission to make "brief oral statements" under GSPC rules.

(NOTE: This is the second of two stories detailing the GSPC investigator's findings. An account of the commission's decision and the potential ramifications will appear in the July 12 issue.)

Terry Dillman is a reporter for the News-Times. He can be reached at 265-8571, ext. 225, or terry.dillman@lee.net

Retrieved July 8, 2006 from http://www.newportnewstimes.com/articles/2006/07/07/news/news04.txt

Posted by Dr. Kardasz at 05:40 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Jun 30, 2006. by Magee Hickey. (CBS/AP) New York.

More than 18 months after his Homeland Security nomination sank over ethics questions, former police commissioner Bernard Kerik pleaded guilty Friday to accepting tens of thousands of dollars in gifts while he was a top city official.

Kerik pleaded guilty to a pair of misdemeanors in state Supreme Court in the Bronx in a deal that spared him any jail time. Kerik was instead ordered to pay a total of $221,000 in fines at the 10-minute hearing.

Kerik acknowledged accepting $165,000 worth of renovations on his Bronx apartment from a company attempting to do business with the city -- a New Jersey construction firm with alleged links to the mob. And he admitted failing to report a loan as required by city law.

The plea bargain allows Kerik to continue his new career as a security consultant in the Middle East. Prosecutors had considered bringing felony bribery charges against Kerik based on allegations that in exchange for the renovations he helped the company, Interstate Industrial Corp., seek business with the city.

Through his attorney, Kerik had previously denied any wrongdoing, saying that he paid every bill he received for the job -- about $30,000 -- and that he never intervened for Interstate. The home, bought in 1999 for $170,000, sold in 2002 for $460,000 after real estate advertisements described it as a "gem" adorned with marble and granite.

Kerik first drew national attention while leading the New York Police Department's response to the Sept. 11 terror attacks. By late 2004, President Bush wanted him for homeland security chief, but he withdrew after acknowledging he had not paid all taxes for a family nanny-housekeeper and that the woman may have been in the country illegally.

More problems surfaced last year when the New Jersey Division of Gaming Enforcement filed court papers seeking to revoke Interstate Industrial's license to work on casinos in Atlantic City. The papers cited testimony by mob turncoats that owners Frank and Peter DiTommaso were associates of the Gambino organized crime family.

The civil complaint also detailed Kerik's cozy relationship with an Interstate official. In 1999, he sent a series of e-mails to the official that "indicated his lack of sufficient funds to both purchase and renovate his new Bronx apartment" and "indicated he would provide information to Frank DiTommaso regarding New York City contracts," the papers said.

In recent months, a grand jury in the Bronx has heard conflicting testimony from the DiTommaso brothers -- who denied paying for the renovations -- and from a contractor who said they picked up most of the tab. Former Mayor Rudolph Giuliani, a close friend of Kerik, also testified.

CBS Broadcasting Inc.  The Associated Press contributed to this report. Retrieved July 1, 2006 from http://wcbstv.com/topstories/local_story_181064633.html

Posted by Dr. Kardasz at 11:28 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

June 15, 2006, John Caher, New York Law Journal

A New York Court of Appeals removed Queens Supreme Court Justice Laura D. Blackburne for helping a robbery suspect evade arrest.
The ruling marked a rare case where the court decided that a judge who had no prior disciplinary record, and had committed misconduct that did not involve personal profit, venality, a breach of trust or moral turpitude, is unfit for the bench.

Blackburne's removal is rooted in an incident two years ago, when she was presiding over the Queens Treatment Court where defendant Derek Sterling appeared. Sterling was undergoing court-ordered treatment at a residential drug treatment program.

That morning, New York City Detective Leonard Devlin appeared at Blackburne's court and advised the court officer that he wanted to question Sterling in connection with a robbery. Devlin waited outside the courtroom and made no attempt to accost the suspect in the courtroom. He waited for the proceeding before Blackburne to conclude.

Meanwhile, the court officer, Sergeant Richard Peterson, informed the judge that Devlin was present and wanted to question Sterling. Blackburne later realized that the detective sought not only to question Sterling, but to arrest him.

Outraged at what she viewed as a "ruse," Blackburne directed Peterson to show Sterling out a secure rear exit to evade the police officer.

Peterson, worried that he would get in trouble if he disregarded Blackburne's directive and fearing that he would be guilty of obstructing justice if he did what she told him, consulted with an assistant district attorney. The prosecutor, Sharon Scott Brooking, agreed it would be inappropriate to help the suspect evade arrest, and so advised both Peterson and Blackburne.

But Blackburne insisted and said that if Peterson did not take Sterling out the back stairwell, she would do so herself.

The court officer, concerned at that point for the judge's safety, reluctantly showed Sterling out.

Sterling was arrested the next day at his drug treatment program and charged with assault and robbery, charges that were ultimately dismissed.

The New York City tabloids had a field day with the incident, denouncing Blackburne as "Let -'Em-Go-Laura" and "Loony Laura" and describing her as a "judicial jerk." She also was harshly criticized by local and state political leaders.

The Police Benevolent Association, the Detectives Endowment Association and Mayor Bloomberg, through Deputy Mayor for Legal Affairs Carol Robles-Roman, complained to the Commission on Judicial Conduct, which initiated an investigation.

GUILTY OF MISCONDUCT

Following that investigation and a hearing before a referee, former Appellate Division Justice Ernst H. Rosenberger, Blackburne was found guilty of misconduct. The commission then voted 8-2 for removal, with the dissenters contending that censure is a more appropriate penalty for a first-time offense.

On appeal, the sole issue was whether the misconduct in this case was so serious as to warrant the harshest available penalty. For the majority, it seemingly was not a close call.

The majority described Blackburne's conduct as "rash and reckless," and said the judge showed no concern and no respect for the public safety, or, for that matter, for the potential legal predicament in which she was placing Peterson. It said the fact that Sterling returned peacefully to the drug program and apparently did not commit the robbery/assault is of no relevance.

"Things might easily have turned out otherwise," the majority said. "In impeding the legitimate operation of law enforcement by helping a wanted robbery suspect avoid arrest, petitioner placed herself above the law she was sworn to administer, thereby bringing the judiciary into disrepute and undermining public confidence in the integrity and impartiality of her court. [P]etitioner's dangerous actions exceeded all measure of acceptable judicial conduct."

The majority said Blackburne "abandoned her role as a neutral arbiter, and instead became an adversary of the police," a position "completely incompatible with the proper role of an impartial judge."

Michael Marr, a spokesman for the governor, said the administration "is pleased that the Court of Appeals has recognized that a judge who assists a suspected felon in avoiding a lawful arrest exceeds all bounds of acceptable judicial conduct and must be removed from office."

The ruling has no impact on Blackburne's pension, except to the extent that she will have fewer years of service. She was within two years of retirement. She had been suspended with pay pending the court's consideration of her case.

Posted by Dr. Kardasz at 01:30 PM | Permalink

Dr. Kardasz: For some, ethics is based upon spiritual beliefs about right and wrong. The belief in a supreme being or beings and the scriptual writings from those being(s) can be very important in shaping ethics.

The web site, beliefnet.com has an interesting quiz that may help you to examine some of your beliefs and determine which religion(s) most closely associate with your beliefs.

Take the quiz at:
http://beliefnet.com/story/76/story_7665_1.html

Posted by Dr. Kardasz at 03:46 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Mike Steele, WorldNow and KLFY TV 10, Eyewitness News,June 15, 2006

Lafayette police chief Randy Hundley, along with three other officers, have been indicted by a grand jury. Chief Hundley must report to jail after a grand jury indicted him on three counts of illegal electronic surveillance.

Arrest warrants will also be issued for three other officers as part of the same case. Police Chief Randy Hundley wrapped up his testimony around 4:00. By 5:00, a grand jury returned three counts against the chief.

Chief Hundley is at the heart of an investigation in which he is accused of placing a bug under his secretary's desk. Hundley's attorney, Jason Robideaux confirmed the fact that it was originally placed as part of an internal affairs case.

But, police sources say it was left there as a way to find out who in the department was loyal to the chief. Robideaux says there are other major elements that will be presented in trial. Only Major Casey Fowler left the courthouse without an indictment.

Captain Michael Lavergne, Sgt. Brian Butler and Cpl. Shannon Hundley also face charges in the case. At least one of the detectives involved in a state police investigation of the department was at the courthouse.

Information from that report prompted the district attorney's office to send the case to the grand jury. Prosecutors say they're confident the charges fit the crime.

Retrieved June 16, 2006 from http://www.klfy.com/global/story.asp?s=5038609&ClientType=Printable 

Posted by Dr. Kardasz at 10:04 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Allegations Are Basis Of Case Being Brought Against Brymer As Termination Hearing Approaches

By Josh Kovner, Courant Staff Writer, June 14 2006

Middletown, Connecticut - Police Chief J. Edward Brymer edited a letter ridiculing a police officer who had arrested then-Mayor Domenique Thornton on a drunken driving charge, failed to stop distribution of the letter and concealed his knowledge of it from an internal investigator and city officials, the city says.

The allegations, conveyed to the chief and his lawyer in a notification letter dated Monday, form the basis of the city's disciplinary case against Brymer, 64. The chief, placed on paid leave May 16 by Mayor Sebastian Giuliano, faces a termination hearing June 22. Giuliano will preside.

Officer Glenn Morron in September 2005 charged Thornton with driving under the influence of alcohol after he allegedly spotted her driving erratically and she subsequently failed a field sobriety test. The charge was dropped in court after Thornton passed two urine tests. In dismissing the case, Superior Court Judge Patricia L. Harleston in Middletown said "the court in no way believes there was not probable cause for the arrest."

After the arrest, an anonymous letter titled "Officer Glen [sic] Morron's Autobiography" was circulated to common council members, political candidates, newspaper reporters and others. The letter portrays Morron as immoral, vindictive and bent on bringing down the police department. The paragraphs in the letter are numbered 1 to 11.

In its letter to Brymer, signed by Personnel Director Debra A. Milardo, the city alleges Brymer "authored handwritten additions and/or changes" to an earlier version of the letter "including an 11th numbered paragraph containing additional personal attacks on Officer Morron as well as ... the then-president and vice president of the police union."

"You then forwarded your additions and/or changes to the author of the document, or negligently allowed them to fall into the hands of the author, or incorporated them yourself into the document," states the letter, which The Courant obtained through the state Freedom of Information Act. The notification does not identify the original author. Brymer's lawyer, Jeffrey Ment of Hartford, declined to comment on the allegations. He questioned whether Giuliano could be an impartial hearing officer.

"My plan is to send the city a letter this afternoon pointing out that the mayor has relevant information bearing on this case and is a witness. I don't see how he can possibly be the authority making the decision," Ment said Tuesday. "The mayor has in no shape or form prejudged the outcome," said Geen Thazhampallath, Giuliano's aide. "He has stayed out of the strategy sessions and did not have a hand in the notification letter."

Brian Clemow, a private attorney, is expected to prosecute the city's case against Brymer. The chief will be defended by Ment. The 102-member police department, with an annual budget of $9.3 million, has been distracted by infighting over the past several years. Five federal lawsuits by current and former police officers and a former director of the 911 dispatch center name Brymer as a defendant. The lawsuits allege favoritism, selective discipline and other purported misconduct against the chief, and seek monetary damages.

The city in its letter to Brymer says the chief's alleged involvement with the anonymous Morron letter only added to the internal strife. The alleged efforts to undermine Morron in the days after he arrested Thornton "occurred at a time [of] interpersonal conflicts between and among members of the police department. ... Substantial resources were being diverted from the regular business of the department and the city in order to investigate, respond to and defend against claims resulting ... from these conflicts, " the letter states.

The chief also failed to disclose his alleged knowledge of the two versions of the letter to Capt. Gregory Sneed, who was conducting an internal investigation, the letter states. "Finally, in a meeting with Mayor Giuliano and other city officials and representatives on May 8, 2006 ... you admitted obtaining or coming into possession of both documents. ... Despite this admission, you failed or refused to disclose, in response to direct questions from the mayor, from whom you had obtained [the original draft], or to whom you had disclosed ... your handwritten additions and/or changes."

Morron is involved in one of the lawsuits naming Brymer and other police and city officials. His original November 2005 complaint alleges Thornton defamed him and fellow Officer William Hertler in public comments after her arrest. That lawsuit does not mention the anonymous letter. An amended complaint, filed in February, does.

Brymer became chief in 1998. He is under contract with Middletown until early 2008. He had enough accumulated sick and vacation time to leave this fall and still qualify for a city pension. But Giuliano placed him on leave before he reached that point. At Brymer's hearing, the city must show "just cause" to remove him. If he is fired, Brymer can appeal to Superior Court.

The letter alleges Brymer broke a series of city personnel rules, breached a law enforcement code of ethics, committed conduct unbecoming an officer and malfeasance, and violated city work rules barring unwarranted criticism and "malicious gossip."

Hartford Courant
Retrieved June 14, 2006 from http://www.courant.com/news/local/mr/hc-midbrymer0614.artjun14,0,1053506,print.story

Posted by Dr. Kardasz at 11:50 AM | Permalink

Mayor vows action on police probe - Report recommends further investigation
By Stephanie V. Siek, Globe Staff, June 8, 2006

Waltham, Mass. After an independent probe found evidence of nepotism, preferential treatment, and other possible misconduct within the Waltham Police Department, Mayor Jeannette McCarthy vowed action against employees named in the investigator's report.

But McCarthy declined to spell out what those measures would be, nor would she reveal any names or how many employees were involved. She said she wanted to talk with Police Chief Edward Drew about the report's findings, with their meeting scheduled for yesterday.

The report did not suggest specific disciplinary action, but recommended further investigation in several cases.

``I have followed up with each of the 35 issues in the report. That's all I'm going to say," McCarthy said on Monday. She had ordered the probe in March in response to issues brought to her attention ``through personal conversations, anonymous letters, or other means," the letter accompanying the report states.

A copy of the report, dated May 16, was given to Globe West in response to a public records request; names and titles of personnel were blacked out.

In his report, investigator Warren J. Rutherford, with the Marstons Mills-based Rutherford Advisors Inc., stated that:

Eight matters should be referred to the Massachusetts State Ethics Commission for further investigation.

Five matters should be referred to the city's Personnel Department for further action.

Three allegations cannot be resolved without additional information, such as medical records, to which he was not allowed access.

Ten allegations were unsubstantiated or did not violate state law or department policy.

Two allegations should be resolved by the Waltham Retirement Board and/or the Patrolmen's Union. One matter involves a dispute over the number of compensatory hours credited to a retiring officer. The other involves whether the practice of allowing supervisory officers to take unmarked cars home should be viewed as a benefit and thus increase the amount of their retirement compensation.

Rutherford recommended that the State Ethics Commission look into whether a police official -- whose name was blacked out -- manipulated the civil service reserve list to appoint or promote a relative or someone else who presented a potential conflict of interest.

The report states that other appointments ``raise serious question " about whether another official also manipulated the reserve list.

The civil service reserve list consists of individuals who have passed the civil service test and meet the requirements to become a Waltham reserve police officer. If the department had used the regular civil service list, it would have been obligated to select from those who scored highest on the exam. The Globe has requested a copy of the reserve list, but it had not been turned over by Tuesday.

Rutherford recommended that the department rescind the practice of relying on the reserve list, which began under the administration of Chief Drew's predecessor, Stephen H. Unsworth .

In an interview Tuesday, Drew said he would comply with the recommendation. He said the reserve list had given the department the flexibility to hire officers quickly without having to call for a regular listing every time there was a vacancy.

In particular, Rutherford said, he suspected preferential treatment in three hirings, for a background investigator for civil service patrol officer appointments; a sergeant; and a detective.

In the case of the background investigator, an employee involved in the hiring process told Rutherford he was pressured to include the person who was eventually appointed. In the sergeant's case, another employee told Rutherford that he was pressured to call the appointing authority and ``tell her of the other candidates' shortcomings," according to the report, which indicated that the employee refused to do so.

Rutherford expressed concern that one top official did not disclose to the state in a timely fashion a potential conflict of interest . Rutherford suggested the city adopt a nepotism policy that establishes a written procedure for handling conflicts of interest within city departments.

Drew denied any wrongdoing in how he leads the department. The chief declined to say whether he or his relatives are among those referred to in the report.

``As part of my compliance with ethical standards, I've asked for opinions from the State Ethics Commission and law department and I've written letters to the present mayor and previous mayor," Drew said of his practice regarding potential conflicts of interest. ``I take great pains to take a hands-off policy regarding any of my relatives."

Drew confirmed that his daughter Danelle Hart , son-in-law Patrick Hart , and his son-in-law's brother, Daniel Hart, all work on the force. He also said he has a second daughter on the force.

Rutherford's report also states that an official showed favoritism in deciding whether certain employees were allowed to return from sick leave. In one case, an officer returning from an off-duty illness or injury was allowed to return to light duty without a required medical clearance. Another officer was allowed to take leave without supplying required medical information, the report said.

Drew said that in regards to the matters referred to the State Ethics Commission, he is confident he will be cleared of any violations.

``I view this as an opportunity to move forward with the business of the Police Department, to get this behind us and move forward," Drew said.

Stephanie V. Siek can be reached via e-mail at ssiek@globe.com . 
The New York Times Company
Retrieved June 9, 2006 from http://www.boston.com/news/local/articles/2006/06/08/mayor_vows_action_on_police_probe?mode=PF

Posted by Dr. Kardasz at 10:40 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Former Kane County drug court judge to retire

By Adam Kovac, Daily Herald Staff Writer, June 08, 2006

Embattled Kane County (IL) Circuit Judge James T. Doyle has announced his retirement. He did so late Wednesday in a letter to Chief Judge Donald Hudson.

The former drug court czar did not state a reason for stepping down in his letter, instead citing his experience as a suburban police officer, public defender, prosecutor and judge in some of Kane County’s highest profile criminal cases.

“During my career I have had the opportunity to meet with jurors and campaign to citizens and I believe the citizens of Kane County represent the most knowledgeable and committed voters,” Doyle wrote in the letter dated May 30 and released this morning. “It truly has been my privilege and honor to serve the citizens of Kane County.”

Doyle has been off the bench and performing administrative duties for 15 months in the wake of an investigation by the state’s Judicial Inquiry Board into allegations of misconduct while he presided over the county’s vaunted drug court rehabilitation program.

In February 2005, a 20-count complaint said Doyle violated the constitutional rights of defendants through intimidation, ignored privacy laws, denied legal counsel and showed bias in his decisions. A state judicial ethics panel three months ago leveled more charges.

Even after he stepped down from drug court, Doyle meddled in the program and used court staff to help his defense against allegations of misconduct, according to an amended complaint from the Illinois Judicial Inquiry Board.

He also failed to require some drug court participants to register with a DNA database, receive recommended mental health treatment or pay court fines and costs while he was on the bench, the complaint says.

Hudson called Doyle a close friend and colleague for a number of years and wished him well.

“He’s been a very dedicated as well as innovative judge whose heart has always been in the right place,” Hudson said in his chambers this morning.

Doyle will be eligible for a full pension, which means he will receive 85 percent of his salary.

What follows it the complete text of Doyle’s letter to Chief Judge Donald Hudson:
“Please be advised I have submitted my application for retirement as circuit judge for the 16th Judicial Circuit Court effective Aug. 2, 2006.

I would like to take this opportunity to thank the citizens of Kane County for giving me the opportunity to serve in many different legal capacities during the past 30 years. As you are aware, I grew up in Cook County, attended university & law school there and served the citizens of Cook County as a suburban police officer. Upon completion of law school in 1976, I relocated to Kane County and joined the Kane County Public Defender’s office. I was well trained as a defense attorney, then joined the Kane County State’s Attorney’s office, where I was given the opportunity to serve Kane County as one of the top prosecutors. In 1981, I was given the opportunity to serve the citizens of the City of Aurora as the head of the legal department and later represented the citizens of Kane County in my private law practice. For the past 18 years the citizens of Kane County have given me the opportunity to administer justice for the 16th judicial circuit court. I have presided over thousands of major felony cases including nearly 100 homicide cases and over a dozen death penalty cases.

During my career I have had the opportunity to meet with jurors and campaign to citizens and I believe the citizens of Kane County represent the most knowledgeable and committed voters. It truly has been my privilege and honor to serve the citizens of Kane County.”

Retrieved June 9, 2006 from http://www.dailyherald.com/search/printstory.asp?id=197491

Posted by Dr. Kardasz at 10:25 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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By Jason Auslande,  The New Mexican, May 20, 2006
Santa Fe, New Mexico

A special prosecutor filed charges Friday in District Court accusing former Municipal Judge Frances Gallegos of 12 counts of felony records tampering.

According to the criminal-information document, Gallegos, 56, knowingly falsified the records of 12 Municipal Court defendants between June 2, 2004, and April 21, 2005. Each count is a fourth-degree felony punishable by up to 18 months in prison.

The charges were filed Friday afternoon in First Judicial District Court by Timothy Hasson, deputy district attorney for the Eighth Judicial District in Taos. Hasson is acting as special prosecutor for the First Judicial District, which asked the Taos office to prosecute the Gallegos case because of a conflict of interest.

Eighth Judicial District Attorney Donald Gallegos said earlier Friday that the filing of the criminal-information document means a preliminary hearing will be held in Santa Fe. The hearing had not been scheduled as of Friday afternoon.

At a preliminary hearing, prosecutors lay out their evidence against a defendant and call witnesses, who can be cross-examined by the defendant's attorney. A judge then decides whether the evidence supports the charge and either binds the matter over for trial or dismisses it.

Efforts to reach Frances Gallegos; her attorney, Jeffrey Jones; and Donald Gallegos were unsuccessful after the criminal-information document was filed late Friday afternoon. Donald Gallegos and Frances Gallegos are not related.

The New Mexico Supreme Court suspended Frances Gallegos for 90 days with pay in August while the state Judicial Standards Commission investigated two sets of misconduct allegations against her. The first set alleged she didn't let defendants not represented by an attorney plead not guilty, conducted summary trials and engaged in professional incompetence. The second set alleged she increased jail time on closed driving-while-intoxicated cases to enhance her standing with the public.

Gallegos resigned from the bench Nov. 3, the day a state police investigator filed three counts of felony records tampering against her in Santa Fe County Magistrate Court.

The charges filed Friday relate directly to the second set of misconduct allegations concerning altering the outcome of closed DWI cases. Three of the 12 counts were for the same three DWI cases cited by the state police investigator who filed the Magistrate Court charges in November.

Those three cases were first detailed in a supplemental petition from the Judicial Standards Commission asking that Gallegos be temporarily suspended, which was filed Aug. 23 in the Supreme Court.

In that filing, the commission said it felt the need to supplement its original petition asking that Gallegos be temporarily suspended because it had reviewed more of the approximately 950 cases she allegedly altered and had found "further and more serious code violations, as well as possible violations of New Mexico statutes." according to the document.

In the first case detailed by the commission -- which is also Count 1 of the charges filed Friday in District Court -- a Texas man was found not guilty of DWI in 1999 by Gallegos' pro tem judge, Gail Glasser, according to documents. But when Gallegos filed an undated amendment on the case with the Department of Motor Vehicles, she indicated Glasser had dismissed the case and imposed a 90-day jail sentence with two days served and 88 days suspended, the documents state.

In the second case detailed by the commission -- Count 2 of the charges filed Friday -- the 1995 DWI case against a Santa Fe woman was dismissed in November 1997 because the six-month time limit to prosecute it had passed, according to the documents.

However, Gallegos amended the case Dec. 17, 2004, to say that while the case had been dismissed, the defendant had been sentenced to 90 days in jail, credited with two days served and 88 days suspended, the documents state.

In the third case detailed by the commission -- Count 3 of the charges filed Friday -- then-Municipal Judge Tom Fiorina dismissed a 1995 DWI charge against a Santa Fe man on Sept. 7, 1995.

The amendment filed Dec. 16, 2004, by Gallegos indicated that while Fiorina dismissed the case, the defendant was given a 90-day jail sentence, credited with two days served and 88 days suspended.

According to the standards commission, all three actions by Gallegos constituted a "material change" to the case dispositions from "dismissed" to the imposition of jail time.

According to a statement by the standards commission's executive director, Jim Noel, in the supplemental petition:

"As discussed in the commission's original filing, it is alleged Judge Gallegos was substantively changing criminal-case dispositions, to wit, changing the number of days a defendant was sentenced in order to enhance her standing as 'tough' on DWI convictions. However, these new documents represent a much more serious violation of the code (and likely the law) in that Judge Gallegos amended dismissed case dispositions (some of which pre-date her election to office) to reflect the imposition of what appear to be fabricated sentences."

Contact Jason Auslander at 995-3877 or jauslander@sfnewmexican.com.

Retrieved June 11, 2006 from http://www.freenewmexican.com/news/43925.html#

Posted by Dr. Kardasz at 01:03 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

State panel reprimands Schwartz for comments he made during a DUI arrest. The commission finds he asked police for preferential treatment.

By Lance Pugmire, Los Angeles Times Staff Writer, June 9, 2006

Riverside County Superior Court Judge Bernard J. Schwartz was censured Thursday by the state Commission on Judicial Performance for statements he made to police during his arrest for driving under the influence of alcohol last year in Pismo Beach.

The director of the commission said censure was the panel's most serious punishment short of being removed from the bench.

Schwartz, 45, can continue to preside over criminal hearings. He is on vacation this week and was unavailable for comment Thursday, his secretary said.

On July 16, 2005, Schwartz had a blood-alcohol level of 0.18% — more than double the legal limit — when he was stopped by a Pismo Beach police officer and submitted to a breath test.

The commission found that Schwartz "repeatedly attempted to avoid being arrested … and to receive preferential treatment because he was a judge," according to an eight-page decision written by commission Chairman Marshall B. Grossman.

The arresting officer reported seeing Schwartz's vehicle swerving.

In taped conversations, Schwartz asked the officer if he could leave his car and return to his hotel room. He told police he had had "a couple glasses of wine," and asked, "Is this really necessary?" after informing the officer that he was a judge.

When told that he was under arrest, Schwartz responded, "You know what this is going to do? This will substantially impair my career."

Police repeatedly told Schwartz that they were required to act fair and unbiased and needed to treat him "like everybody else,"declining his requests to speak to a lieutenant, captain or on-call judge in San Luis Obispo County.

"There is no professional courtesy here anymore," Schwartz said at the police station, where his comments also were recorded. When an officer asked Schwartz to acknowledge he was seeking special treatment, the judge replied, "To some degree, I guess."

The commission found Schwartz had violated Code of Judicial Ethics canons by "failing to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary" and by "lending prestige of judicial office to advance personal interests."

In censuring Schwartz, but declining to remove him from the Superior Court, the commission cited factors including the judge's absence of prior discipline, his general integrity and the likelihood he would not engage in future misconduct. But the commission said Schwartz's comments to police were "particularly offensive."

The judge reported his arrest two days later to the commission and expressed remorse, according to the decision.

Schwartz pleaded no contest to driving with a blood-alcohol level of more than 0.08% in September and served two days in a San Luis Obispo County jail in early December. He was fined $1,609, placed on three years' probation and completed a first-time offenders' DUI program, a court clerk said Thursday.

Victoria Henley, director of the commission, said the censure "has no influence on the judge's ability to preside, but it will be taken into account if there is subsequent misconduct."

Retrieved June 10, 2006 from http://www.latimes.com/news/printedition/california/la-me-judge9jun09,1,6224003.story?coll=la-headlines-pe-california

Supreme Court Building, Washington D.C.

photo by Dr. Kardasz

Posted by Dr. Kardasz at 11:56 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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'They singled out this ordinary man'  Illegal arrest was all about racism, victim says
 
Max Harrold, The Gazette, Wednesday, June 07, 2006

Two Montreal police officers lied and covered up for each other after illegally arresting a man in the Cote des Neiges district in January 2003, Quebec's Police Ethics Committee has ruled.

Police officers Chantale Pronovost and Dominic Godbout went out of their way to harass Garvey Dottin during his arrest in front of several of his friends at a wedding reception, said Michele Cohen, the head of the committee. "It's a perfect example of what not to do," Cohen said. "They singled out this ordinary man." The committee is to issue a punishment to the officers within a few weeks.

Dottin, 41, was arrested about 2:30 a.m. on Jan. 19, 2003, as he was leaving a wedding reception in a church. The officers said they thought Dottin's car had hit a utility pole in the church's parking lot. The officers handcuffed him and put him in the back of a police car while they checked his identification. The police neglected to tell Dottin why he was being arrested, the ethics committee's report says.

After discovering Dottin's car had not struck a pole, they released Dottin but handed him a $411 ticket for obstructing a police officer in the course of his or her duties - something witnesses said he did not do. Dottin challenged the ticket and a judge subsequently dismissed the charge.

Dottin said yesterday he is pleased with some aspects of the ruling, but it ignores the officers' real motive for arresting him. "It's all about racism," he said. "They did it because I'm black." Both officers are white.

Dottin, who lives in Roxboro, said he is suing the city of Montreal, the officers' employer, for $80,000 in damages. "We'll see," he said. "Maybe they'll try to settle out of court."

Dottin said Montreal police should try to interact more closely with members of the city's black community. "They should try to get to know us more," he said. "Socialize with us. Play some sports."

A spokesperson for Montreal's police brotherhood was not available for comment last night. Fo Niemi, executive director of the Centre for Research-Action on Race Relations, complained last night that Cote des Neiges has been the scene of police misconduct involving black people over the past two years.

mharrold@thegazette.canwest.com
The Gazette (Montreal) 2006
CanWest Interactive, a division of CanWest MediaWorks Publications, Inc.. All rights reserved.
Retrieved June 8, 2006 from http://www.canada.com/montrealgazette/news/montreal/story.html?id=477ac0d8-1f5c-41c0-b844-b6ffa7bc66bd&k=10139

Posted by Dr. Kardasz at 10:21 AM | Permalink

Kardasz: To what extent should private individuals or business be permitted to purchase access to lawmakers?

Lawmakers took millions in free trips: study By Thomas Ferraro
June 2, 2006

Members of the U.S. Congress and their aides took free trips worth nearly $50 million paid for by corporations, trade associations and other private groups between January 2000 and June 2005, according to a study released on Monday.

Some of the 23,000 trips featured $500-a-night hotel rooms, $25,000 corporate jet rides and visits to popular spots such as Paris, Hawaii and Colorado ski resorts, said the study, by the Center for Public Integrity, American Public Media and Northwestern University's Medill News Service.

The study found that many of those who picked up the tabs were at the same time seeking to shape legislation on Capitol Hill or win federal contracts.

"In many instances, trip sponsors appeared to be buying access to elected officials or their advisors," the study said.

While most excursions seemed to be legitimate fact-finding missions, others appeared to have been little more than "pricey vacations ... wrapped around speeches or seminars" in which the lawmaker was often joined by family members, according to the study and researchers who conducted it.

The data emerged from a nine-month-long review of congressional travel disclosure forms and coincided with ongoing federal investigations of political corruption and efforts to clean up how Congress does business.

Lobbyist Jack Abramoff pleaded guilty to fraud charges in January and admitted he showered golf trips, sports tickets and other gifts on lawmakers in return for actions that would help his clients.

In response, the Senate and House of Representatives have voted to toughen ethics guidelines and require greater disclosure. But critics have charged more needs to be done.

Lawmakers and their aides can take trips financed by outside groups to help them learn about issues or to deliver speeches, such as commencement addresses. Lobbyists may not pay for congressional trips but can help to arrange them.

'INDIFFERENCE TO THE RULES'

The study was released at a news conference where its sponsors said they found more than 1,000 violations of congressional rules, many of them involving lawmakers who inadequately filed disclosure reports.

Other infractions included members taking more than the one permitted family member on a trip, accepting gifts worth more than the $49.99 limit and lobbyists picking up the travel tab.

"There's a remarked indifference to the rules shown by members of Congress," said Wendell Rawls of the Center for Public Integrity, adding "they are rarely, if ever, reprimanded."

"When confronted with a rules violation they simply ask for and receive a waiver from the House ethics committee or else they just submit an amended form," Rawls said.

Congressional trip sponsors, the study said, included Microsoft, Time Warner and The Walt Disney Co., along with the Association of American Railroads.

Tom White, an association spokesman, was quoted in the study as saying that such getaways "provide an opportunity for us to discuss our issues with members in an atmosphere where you are not time-constrained.

"If you try to talk to a member for any great length of time ... in Washington, they are simply too busy," White said.

Former House Majority Leader Rep. Tom DeLay and his staffers accepted about a half million dollars in trips during the period under review -- more than any other congressional office, the study said.

DeLay resigned as House Republican leader last year after he was indicted on charges of violating campaign finance laws in his home state of Texas.

2006 Reuters Limited
Retrieved June 6, 2006 from http://news.yahoo.com/s/nm/20060605/pl_nm/usa_congress_travel_dc&printer=1;_ylt=AjFOdc74alL.dYkG6Xn1KZAb.3QA;_ylu=X3oDMTA3MXN1bHE0BHNlYwN0bWE-

photo by Dr. Kardasz

Posted by Dr. Kardasz at 09:04 PM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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Dr. Kardasz: Should a salaried employee be permitted to "phone it in" and not be at the workplace? Read the following story and decide.

Hearing suggests new police practices

Friday, June 02, 2006, By Michael Perlstein, Staff writer

The payroll fraud case against New Orleans Police Capt. Harry Mendoza goes far beyond the now well-known allegations that he spent working hours on the tennis court, the Police Department revealed Thursday. The investigation of the 30-year veteran captured Mendoza -- on video and other forms of surveillance -- working out in a gym, hanging out in restaurants and spending considerable time in Jefferson Parish, all on police time, Assistant Chief Marlon Defillo said at a Civil Service hearing.

But Mendoza and his attorney, Eric Hessler, said that whatever was discovered during the two-week surveillance doesn't matter because he isn't an hourly employee and, as such, isn't tethered to a time clock.

"Captains are not considered hourly wage workers. Whether they work five hours a week or 90 hours, they get the same pay. Their pay is based on performance, and Capt. Mendoza's performance has been exemplary," Hessler said.

While much of Thursday's hearing was spent hashing out technical issues, the underpinnings of the case revealed a lot about the emerging disciplinary policy of Superintendent Warren Riley, whose emergency promotion just three weeks after Hurricane Katrina now looks permanent with Mayor Ray Nagin's re-election.

In his announced effort to instill a higher level of professionalism to the police force, Riley appears to be cracking down on some of the unwritten, but long-standing, practices within the department, including the wide latitude granted to supervisors in how they command their units.

The Mendoza case is being viewed by many officers, who have privately commented about it, as a litmus test. Mendoza and his supporters point to his strong and lengthy track record as a supervisor, including a stint as commander of the elite Special Operations Division.

But Riley and others seem determined to change the culture of NOPD from a New Orleans-style laissez-faire approach to a more rigid chain of command practiced by other big-city police departments.

"It's about accountability," said Defillo, commander of the Public Integrity Bureau. "It's one thing to go to the dry cleaners or meet your wife for lunch, but this was out of hand. There is a limit."

Mendoza, formerly the commander of the traffic division, has been reassigned to the carpentry shop as the Public Integrity Bureau wraps up its investigation. Hessler and the city attorney's office agreed Thursday to allow PIB an additional 60 days to complete the probe, which was about to exhaust its original 60-day time limit.

Hessler agreed to the extension when Defillo indicated that his investigators needed more time to review Mendoza's side of story. Mendoza said he has cell phone records and other forms of documentation showing he was in constant communication with his squad, regardless of where he was or what he was doing.

"It's a 24-hour job," Mendoza said. "We always fulfilled all of our assignments, from providing escorts during presidential visits to Jesse Jackson's Rainbow Coalition march. Sometimes with almost no notice."

Hessler argued that captains don't have time sheets and aren't paid overtime. Instead, they are accountable to their ranking commanders based on their job performance. He said their is nothing in Civil Service or departmental rules that forces captains to maintain specific hours.

Despite those arguments, Defillo said he expects the Police Department to eventually bring formal disciplinary charges against Mendoza.

"We think we have a strong case," he said. "We think we can show that the public was not getting the service they deserved and paid for."

Defillo denied widespread rumors that the investigation was motivated by politics based on Mendoza's decades-long friendship with Lt. Gov. Mitch Landrieu, whom Nagin beat in the mayoral runoff.

"The complaint came from an anonymous letter," Defillo said. "We're working another case right now (against a different officer) based on an anonymous letter from within the department. Hey, if people bring complaints to our attention, we're going to check them out."

Michael Perlstein can be reached at mperlstein@timespicayune.com or (504) 826-3316.

Retrieved June 2, 2006 from http://www.nola.com/news/t-p/metro/index.ssf?/base/news-15/114925634845000.xml
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Kardasz: Should an employee be permitted to use sick time even when he or she is not sick? Read the following story and decide.

‘MASTER MANIPULATOR’: Brockton cop’s double-dipping led to record Plymouth County pension

Brockton Police Lt. Charles Lincoln works a paid police detail.

MAUREEN BOYLE, SouthofBoston.com

A former official in the Plymouth County sheriff’s department - who doubled as a Brockton police lieutenant to qualify for a $140,000-a-year public pension - misused sick time to pull off ‘‘one of the most significant abuses’’ of taxpayer dollars ever, a scathing report by the state inspector general says.

The state should cut the pension of Charles Lincoln of Middleboro, and Plymouth County and Brockton officials should take steps to recoup $42,000 in sick-day and vacation-day pay outs, Inspector General Gregory W. Sullivan said in a nine-page report released yesterday.

‘‘In summary, Charles Bradshaw Lincoln was a master manipulator,’’ the report stated. ‘‘He abused many aspects of each involved system for his personal gain at the ultimate expense of the taxpayers of the City of Brockton and Plymouth County.’’

Lincoln worked as a police lieutenant at night and as director of security for the Plymouth County sheriff’s office by day under Sheriff Joseph McDonough to earn the largest public pension in county history. Sheriff McDonough was defeated in the 2003 election.

Lincoln, who retired from both jobs in 2004, called in sick 148 times to his night job on the Brockton force - then wound up working the same day as director of security at the Plymouth County sheriff’s office, the inspector general’s report said.

Lincoln called in sick to the Plymouth job seven times and reported to work that same day in Brockton, the report found.

‘‘Lincoln’s use of sick leave during his dual employment in Plymouth county and Brockton is both shocking and alarming,’’ the report found.

Attempts to reach Lincoln for comment were unsuccessful.

The report spurred Plymouth County Sheriff Joseph McDonald to call on the state attorney general to see if any laws have been broken in the case.

‘‘This thing would stink at a skunk convention,’’ McDonald said.

Brockton Mayor James Harrington said he will look at what the city needs to do to recoup any sick-time money in the case and pledged to crack down on sick-time abuse in the future by any public workers.

‘‘Sick time is if you are sick,’’ he said. ‘‘This won’t happen again on my watch.’’

Former sheriff McDonough, who hired Lincoln after Lincoln spearheaded the campaign that ended with his election as sheriff, defended Lincoln’s work.

‘‘He showed up, he worked and he was an excellent employee,’’ McDonough said.

In addition to pointing out sick-time problems, the inspector general recommended that the Public Employment Retirement Administration Commission, or PERAC, recalculate and cut Lincoln’s pension by subtracting the amount of ‘‘fraudulently used sick days’’ from his salary at the time.

Joseph E. Connarton, executive director of PERAC, said the commission will review the report and ask the local retirement boards - who calculate the pensions - to examine the recommendation.

Paul Studenski, who was Brockton police chief at the time, said the department investigated allegations of sick-time abuse and had given Lincoln both verbal and written reprimands.

But the department was told by the city’s attorney there was nothing they could do to stop Lincoln from working two jobs, he said.

‘‘The solicitor told me we did not have a rule to stop it,’’ Studenski said.

McDonough said he wasn’t aware Lincoln was calling in sick at Brockton police and then coming into work at the sheriff’s office.

But the inspector general, in the report, said McDonough, as a former county commissioner who also served on the retirement board, should have been aware of all of the pension intricacies of the case but ignored them.

‘‘Sheriff McDonough apparently decided to reward Lincoln for his campaign assistance at the expense of the taxpayers of the city and the county,’’ the report found.

The inspector general’s report also found that Lincoln was given 69 vacation days during his three years at the Plymouth County sheriff’s office - as opposed to the 30 new employees would have received.

The report found that an assistant in the county administrator’s office approved the extra days without higher approval, costing taxpayers about $11,000.

‘‘Lincoln’s ability to achieve this result was only possible with the complicity of other public officials,’’ the report found.

Excerpts from the report of the inspector general on Charles Lincoln’s pension

... ‘‘It is the opinion of the Inspector General that the Lincoln pension and employment situation involves one of the most significant abuses in the expenditure of public funds and abuse of employment benefits in the history of the Commonwealth.’’

... ‘‘His ability to leave public service with a pension of almost $140,000 annually and $11,648.99 per month for the rest of his life amounts to an amazing and astonishing manipulation of the current pension system ... The taxpayers of Plymouth County should likewise find the Lincoln pension situation to be incredibly offensive.’’

... ‘‘Given his long term position on the Plymouth County Retirement Board, his other substantial elected and appointed positions with the County, and his admission that he know that Lincoln’s pension would be large due to combining salaries from two jobs, (Former Plymouth County Sheriff Joseph) McDonough’s claims that he never considered the impact that Lincoln’s pension would have on the County retirement system rings hollow.’’

... ‘‘Lincoln’s use of sick leave during his dual employment in Plymouth County and Brockton’s is both shocking and alarming ... Lincoln clearly placed his own personal interests above those of the public that he purported to serve.’’

... ‘‘Police officers must be held to a high standard with respect to honesty and integrity. It is our opinion that Charles Bradshaw Lincoln’s conduct falls far short of that mark.

... In summary, Charles Bradshaw Lincoln was a master manipulator. He abused many aspects of each involved system for his personal gain at the ultimate expense of the taxpayers of the City of Brockton and Plymouth County.

... ‘‘Sheriff McDonough breached his fiduciary duty to place the personal interests of Charles Bradshaw Lincoln above the interests of Plymouth County taxpayers...Sheriff McDonough apparently decided to reward Lincoln for his [2000] campaign assistance at the expense of the taxpayers of the City and the County.’’

Copyright 2006 The Patriot Ledger
Transmitted Friday, June 02, 2006
Retrieved June 6, 2006 from http://ledger.southofboston.com/articles/2006/06/02/news/news02.txt

Posted by Dr. Kardasz at 12:52 AM | Permalink

Kardasz: More comments from Michael Josephson can be found at http://www.charactercounts.org

I Believe Ken Lay 464.1

Immediately after his conviction, Ken Lay, the genius behind the growth of Enron from a small pipeline company to the seventh-largest corporation in the nation, expressed shock. It "is not the outcome we expected," he said. "I firmly believe I am innocent of the charges against me."

I believe him.

I believe he was surprised the jury did not buy his defense that he was duped by underlings who concocted and carried out a massive fraud that resulted in bankruptcy that wiped out more than $60 billion in market value, $2 billion in pension plans and nearly 6,000 jobs. Although 16 other executives who worked for him had already admitted their guilt, I think Mr. Lay thought the government would be unable to prove he had criminal intent. I also believe he thought his extensive private and corporate philanthropy of more than $12 million a year would convince the jury he was too good a guy to be sent to prison.

And I believe he sincerely thinks he's innocent and his self-image remains high. He's not wracked with guilt. Instead, he feels victimized. Denial and self-delusion are common among people who achieve great stature and find their conscience and moral good sense have been disabled and distorted by walking with giants through cheering crowds of admirers.

But it's not the sincerity of Mr. Lay's self-delusions that matters. What matters is that our criminal system worked, and he and others responsible for the largest financial fraud in history will be held accountable. The final irony is that the judge set September 11th, one of the most infamous dates in U.S. history, as the day this symbol of corporate corruption will be sentenced to prison.

Retrieved June 2, 2006 from http://www.charactercounts.org

photo by Dr. Kardasz

Posted by Dr. Kardasz at 11:45 AM | Permalink

Dr. Kardasz -

Read the following report and consider:
1. Which typology of unethical behavior was exhibited by the accused?
2. Which decision making process might have prevented the accused from making the wrong decision?

Typologies of unethical behavior - http://kardasz.org/CorruptionTypologies.html
Decision making processes - http://kardasz.org/Decision_Making_Tools.html

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

Ex-Boca police chief misused power in two cases, state ethics panel says

By Stephanie Slater, Palm Beach Post Staff Writer, Thursday, April 27, 2006

Former Boca Raton Police Chief Andrew Scott misused his power when he ordered officers to release a wealthy developer friend from jail last year, the state's Commission on Ethics said Wednesday.

Scott also "corruptly" used his position by ordering a probationary sergeant to pull over a Boca Raton contractor so a Miami TV reporter could spring an ambush interview, the commission ruled.

Report: Ethics report on Boca Raton police chief Andrew Scott

The nine-member panel, responding to two complaints regarding Scott's conduct, said the former chief violated a state law forbidding any public officer or employee from using his official position "to secure a special privilege, benefit, or exemption for himself, herself, or others."

Ethics Commission advocate James H. Peterson III of the state attorney general's office determined that Scott ignored department policy and state law to benefit developer Greg Talbott.

"There is evidence that (Scott) understood the wrongfulness of his favoritism, as two witnesses recall that (Scott) stated that his decision to release Mr. Talbott was probably a 'career ending decision,' " Peterson wrote in a recommendation to the commission.

Scott, who left office Feb. 1, faces two choices: Defend himself in a public hearing or negotiate a settlement that could cost him up to $10,000.

Scott did not return a call, but his attorney, Mark Herron, said they have not decided which route to take.

"I think the Ethics Commission didn't give proper consideration to the investigation previously done by the deputy city manager, which concluded that he acted within the discretion given to him as chief of police in both instances," Herron said.

Investigations by the Florida Department of Law Enforcement and Deputy City Manager George Brown cleared Scott of any wrongdoing in springing Talbott from a holding cell Sept. 24 after his arrest on charges that he battered his wife, a police officer and a restaurant manager in a drunken ruckus at Luna Pazza.

Brown also found that Scott acted within the scope of his authority when he ordered Sgt. Jeff Kelly to conduct a traffic stop on contractor Henk Schiffer so Julie Summers of WPLG-Channel 10 could interview him.

Brown did not return a call for comment. Mayor Steven Abrams deferred comment until Scott and the commission reach a settlement.

Ethics investigator Ronald Moalli revisited the incidents, speaking with most of the principals involved.

Scott maintained that he ordered that Talbott not be sent to the Palm Beach County Jail, despite being charged with felony battery on a police officer, because the police benefactor had a heart condition.

After his officers disagreed with him, Scott was overheard calling his decision a "potentially career-ending" move. He told Moalli "he does not recall having made the comment, and he still does not think he said it."

Scott did note, however, "I write the policies, I administer the policies, and I also have the authority to divert from the policies," according to Moalli's report.

In reference to Kelly's Aug. 30 traffic stop on Schiffer, Scott said it was necessary based on Summers' report of the contractor's erratic driving. He compared it with responding to a citizen's complaint of a driver's "blowing a stop sign and running red lights," Moalli wrote.

After the stop, Scott made a comment to Kelly about Summers' breasts and said, "She'll be thanking me over dinner," according to the report. Scott denied saying it.

Peterson, of the attorney general's office, determined that Scott "used his authority to benefit Ms. Summers in a manner not available to other citizens and that his actions appear to be inconsistent with the proper performance of his public duties."

Republican activist Jody Warmack-Tagaris filed the complaint about Scott's preferential treatment of Talbott.

"I can only hope he's punished for it," she said this week.

The complaint about the improper traffic stop on Schiffer was filed by former Deputy Police Chief Philip Sweeting, who sued Scott and the city in 2004, claiming he was slandered in job references Scott gave to a prospective employer.

"Why did it take filing a complaint before someone would publicly say Scott was wrong?" Sweeting said Wednesday. "The city, specifically the city manager, should take some responsibility."

Schiffer's attorney, Dan Moses, said he sent the city and WPLG-Channel 10 a letter Dec. 27 informing them of his client's intent to sue.

"This is going to help my claim," Moses said Wednesday, adding that he anticipates filing suit in June.

Scott, now chief executive officer for a Boca Raton disaster recovery firm, resigned as police chief Nov. 30. His release of Talbott sparked outrage from the police union, which almost unanimously rejected his leadership in a no-confidence vote.

Officers said Scott gave special treatment to friends, police benefactors and those he gave honorary police badges. They also said his management style was tyrannical and that he created a hostile work environment by calling female officers "sweetie" and "good-looking."

Talbott, 51, is expected in court next month on misdemeanor charges of domestic battery, battery, assault on a police officer, resisting an officer without violence and disorderly intoxication, state attorney's office spokesman Mike Edmondson said.

On Wednesday, officer Dave Skrabec, president of Boca Raton's police union, said officers are looking forward to working with a new police chief. City officials said they expect to hire someone by the end of May.

"We respect the commission's ruling, however, we have put this behind us," Skrabec said.

Retrieved June 1, 2006 from http://www.palmbeachpost.com/pbcsouth/content/local_news/epaper/2006/04/27/s1a_SCOTT_ETHICS_0427.html

photo by Dr. Kardasz

Posted by Dr. Kardasz at 11:18 PM | Permalink

Kardasz: The following news story describes an interesting ethics situation.

Reid says he won't accept free tickets
By JOHN SOLOMON, Associated Press Writer, Wed May 31, 11:05 PM ET

Reversing course, Senate Democratic leader Harry Reid's office acknowledged Wednesday night he misstated the ethics rules governing his acceptance of free boxing tickets and has decided to avoid taking such gifts in the future.

The Nevada senator still believes it was "entirely permissible" for him to accept ringside seats for three professional boxing matches in 2004 and 2005 from the Nevada Athletic Commission but has nonetheless decided to avoid doing so in the future, his office said.

"In light of questions that have been raised about the practice, Senator Reid will not accept these kinds of credentials in the future in order to avoid even the faintest appearance of impropriety," spokesman Jim Manley said.

The announcement came after The Associated Press confronted Reid's office early Wednesday with conclusions from several ethics experts that the Senate leader misstated congressional ethics rules in trying to defend his actions.

The AP reported Monday that Reid accepted the free seats from the Nevada commission as it was trying to influence his support for legislation to create a federal boxing commission. The state agency feared the legislation would usurp its authority to regulate fights and wanted to convince Reid there was no need for a federal body.

Reid voted to set up a federal commission, but Congress never enacted the legislation.

Reid told Las Vegas reporters on Tuesday he would continue to accept such tickets and did not believe he did anything wrong even though fellow Sen. John McCain (news, bio, voting record), R-Ariz., who joined him for one of the fights, decided to reimburse $1,400 for his seat.

Reid said he believed it was appropriate to accept the free tickets because the gifts were from his home state and that McCain, R-Ariz., had to reimburse because he was from out of state.

Senate ethics rules generally allow senators to take gifts from any state, not just their home state. But they specifically warn against taking normally permissible gifts if the giver may be trying to influence official action.

Manley said Wednesday night that Reid "misspoke when he said the rule applies only to senators who represent the state agency." But he added he believes Reid still could ethically accept the tickets.

"It was therefore entirely permissible for Senator Reid — a senator from Nevada — to have attended a major Nevada sporting event as a guest of Nevada officials," Manley said.

Several ethics experts disagreed, criticizing Reid's rationale that he felt obligated to take the tickets to ensure boxing was being conducted properly in his home state.

"He is no more obligated to go to boxing matches than he is to a Celine Dion concert in Vegas," said Melanie Sloan, a former Justice Department prosecutor and head of Citizens for Responsibility and Ethics in Washington.

Fred Wertheimer, a longtime ethics watchdog, agreed.

"The test under congressional ethics rules in these circumstances is not what state a member is from but whether the gift creates the appearance that the gift is motivated by a desire to influence the member or gain favorable official action," Wertheimer said. "If the gift creates such an appearance, it should not be accepted."

retrieved June 1, 2006 from http://news.yahoo.com/s/ap/20060601/ap_on_go_co/reid_ethics&printer=1;_ylt=AsdLFI8Tfk474u8qjIIligiMwfIE;_ylu=X3oDMTA3MXN1bHE0BHNlYwN0bWE-

photo by Dr. Kardasz

Posted by Dr. Kardasz at 07:14 AM | Permalink

Kardasz: The following story describes a lamplighter, a.k.a. whistleblower who suffered retaliation for exercising his right to free speech.

Restored officer to pursue lawsuit - Durant's assistant police chief fired in 2005 for speaking out

From the Clarion Ledger. May 21, 2006, By Jimmie E. Gates, jgates@clarionledger.com

More than a year after being fired, Durant (Mississippi) Assistant Police Chief John Haynes has been reinstated but still plans to pursue a federal lawsuit against the city, the mayor and others.

Haynes said he is continuing his suit, which sought reinstatement and unspecified compensatory and punitive damages, because he was fired by the Durant Board of Aldermen in April 2005 after speaking out in a newspaper article about alleged corruption in the city.

"I have lost about $90,000 in savings and salary," said Haynes, who has been working as a police officer in Pickens.

He worked for the department about 11 years before his firing.

Haynes said the biggest thing about his firing was it hurt the image he tries to convey to young people.

"I tell them the biggest thing is to stand up for what is right and to be honest; they told me, 'See what happened to you,' " Haynes said.

The board, including new members, reinstated Haynes on Wednesday in a special meeting, a week after the lawsuit was filed.

Durant Mayor Johnny Pritchard would only say "we rehired him" and that Haynes was fired under another board.

Pritchard referred further comments to City Attorney John Gilmore, who couldn't be reached.

Haynes' attorney, Jim Waide of Tupelo, said Haynes' suit, which now only seeks damages, could be impacted by how the U.S. Supreme Court rules in a California case about freedom of speech protections for public employees.

Haynes said he was informed in a letter from the board that he was being fired because of statements in a March 2, 2005, article in the Kosciusko Star-Herald.

"Plaintiff was an outstanding police officer and had no write-ups or job-related difficulties until he made statements protected by the United States Constitution," the lawsuit said.

"Specifically, plaintiff made statements concerning the integrity of certain public officials which were of public interest...."

Other defendants in the lawsuit are current and former aldermen Howard Roberts, Jim Ferguson, Isaiah Winters and Dora Parkinson.

Ferguson, reached at his home, had no comment. Others could not be reached for comment.

In the California case, which was reargued before the Supreme Court in March, a Los Angeles deputy district attorney filed a lawsuit against three supervisors alleging they retaliated against him for exercising his free speech rights.

The deputy district attorney said a sheriff may have lied in an affidavit for a search warrant in a murder case and sent a memo to superiors recommending the case be dismissed.

He later testified as a defense witness in the case.

The plaintiff said he wasn't promoted and wouldn't be allowed to work on future murder cases.

A U.S. district judge ruled against the deputy district attorney, saying the memo was purely job-related and he wasn't acting in the capacity of a citizen.

However, the 9th U.S. Circuit Court of Appeals reversed the lower court's decision, ruling that the memo was protected speech because it was on a matter of public concern.

"It could do in a lot of cases I have," Waide said, if the U.S. Supreme Court rules against the plaintiff in the California case.

The U.S. Department of Justice, which isn't a party to the lawsuit, argued in a friend of the court brief that public employees shouldn't enjoy blanket-free speech protection.

Retrieved May 21, 2006 from http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20060521/NEWS/605210375/1002/NEWS01

Posted by Dr. Kardasz at 12:36 PM | Permalink

Kardasz: Another disturbing story about a corrupt LAPD officer.

Suspended Officer Had a History of Accusations
Edward Zamora was linked to questionable evidence several times during his career.

By Richard Winton, Los Angeles Times Staff Writer ,May 19, 2006

The LAPD officer suspended after being caught during an undercover sting last week had been accused several times over his 16-year career of planting evidence on suspects, with the city paying out $520,000 to settle two civil lawsuits filed against him.

The district attorney's office is deciding whether to file charges against Edward B. Zamora, who was the subject of an L.A. police investigation in which he was given the opportunity to arrest an undercover officer. Zamora allegedly claimed in his police report that the "suspect" dropped drugs during the arrest, when detectives secretly watching knew that Zamora had actually found the drugs on the ground, where they had been placed by the department.

The LAPD said it targeted Zamora, 44, for an ethics investigation based upon complaints about him and after noticing an unusual pattern of arrests.

The Times found that the city has been aware of accusations that he and officers working with him planted evidence.

In December, the City Council approved a $300,000 settlement of a lawsuit by a 42-year-old man whom Zamora and a partner arrested for possessing a rifle.

A criminal jury acquitted Jorge Hernandez in less than 20 minutes of being a felon in possession of a firearm, but not before he spent more than a year in jail, where he was beaten by fellow inmates.

Hernandez sued the LAPD in federal court, and in November a jury unanimously decided that Zamora and Officer Heriberto Arangure had falsely arrested him and prepared a false police report, court records show. The city settled the case before the jury agreed on a sum for damages.

A year before, the City Council approved a $220,000 settlement with Mauro Garcia, a South Los Angeles man who alleged that Zamora and other officers had planted a rifle and bag of drugs on him after they searched his home in November 1998 without a warrant.

During a deposition in that case, Zamora revealed that he was once briefly a partner of Rafael Perez, the officer at the center of the huge corruption scandal in the LAPD's Rampart Division in the late 1990s. Perez told investigators that he and other officers had routinely falsified evidence, framed suspects and covered up unjustified shootings. Zamora was not linked to that scandal.

LAPD Chief William J. Bratton has highlighted the Zamora case as evidence that the LAPD is taking seriously accusations of misconduct against officers. Officials said the investigation began six months ago.

"We review all the lawsuits and allegations concerning any misconduct by officers. We read every single personnel complaint," said Deputy Chief Michael Berkow. "No one factor led to this investigation, but the totality of the circumstances led to the launch of an integrity audit."

The sting was carried out by the Ethics Enforcement Section, a team created in 2001 as part of the reforms to help ferret out corruption in the wake of the Rampart scandal.

Zamora could not be reached for comment Thursday.

In addition to the two cases that the city settled, Zamora was a defendant in at least two other lawsuits in which defendants claimed that drugs were planted on them. At least one case was dismissed.

Robert Berke, who represented Hernandez, said his client originally pleaded no contest to the gun possession charge. But Berke said he urged Hernandez to change his plea after looking into the case further.

At trial, his attorneys showed that Hernandez's fingerprints were never on the weapon and claimed the officers framed him because he looked homeless.

The city initially offered $1,500 to settle Hernandez's civil suit over the rifle arrest, Berke said, but Hernandez refused.

"The jury in the federal court basically listened to Hernandez, a semi-homeless man, and believed him over the officers," Berke said. "That doesn't happen very often."

According to court records, defense attorneys presented evidence in the case showing that Zamora had been suspended for five days by the LAPD.

In January 2003, the department internally charged him with dishonesty, making false statements and falsifying his daily activity field report. Few details of the accusations are available. But an LAPD Board of Rights found him guilty of having a report log that did not match information on radio frequencies and a computer system, according to the court records.

The second settlement stems from the arrest of Garcia, 38, on Nov. 17, 1998, on suspicion of possessing a short-barrel shotgun and cocaine. Zamora was one of several officers on that case.

The officers said they went to Garcia's home after an informant told them he had just seen a man holding a shotgun there.

When they arrived, officers said, they saw Garcia duck down behind a car, and they then found the shotgun near him and a bag of cocaine in his pocket. Officers said Garcia gave them permission to search his home, where they said they found another weapon.

Garcia was found guilty. But a court of appeal in 2001 overturned his conviction. It said Garcia should have been able to present more evidence in his own defense, including a radio dispatch call from the officers that mentions a narcotics investigation but nothing about a man with a gun.

The court also said Garcia should have been able to show evidence that the officers ransacked his house.

Prosecutors did not refile the case after the appeals court's decision.

Retrieved May 21, 2006 from http://www.latimes.com/news/printedition/california/la-me-rampart19may19,1,4470628.story?coll=la-headlines-pe-california

Posted by Dr. Kardasz at 12:25 PM | Permalink

SCHENECTADY---An inspector with the Schenectady County Sheriff's Office who was deemed a hero in September for trying unsuccessfully to rescue two children from a burning house, has pleaded guilty to stealing money from an evidence locker at the police department.

Richard Vore, 51. a 27-year veteran of law enforcement, was initially charged with misdemeanor counts of petty larceny and official misconduct for allegedly taking $133 to pay off a gambling debt. He was fired from his $55,000 a year position.

Vore pleaded guilty to one count of petty larceny, a misdemeanor, Monday before Judge Guido Loyola in Schenectady City Court.

He received no jail time or probation but a simple $250 fine. He had already made restitution after being confronted by Buffardi. Prosecutors said the sentence was standard for first time offenders.

Sheriff Harry Buffardi had accused him of taking the money, saying the incident occurred on Nov. 11 and that when he confronted Vore about it on Nov. 22, that after first denying it, Vore allegedly admitted to Buffardi that he had taken the money but said he had repaid it.

Buffardi had audiotaped Vore and Vore could be heard on the tape referring to gambling debts.

However, in court Monday, Vore’s attorney, Cheryl Coleman denied that Vore’s gambling debts had been the motive but didn’t offer any other motive.

Vore has retired and is collecting his pension.

On Sept. 19, Vore had run into a blazing house on Strong St. in the city, attempting to save Paul Thomas, 3, and his 23-month old sister, Shadaya Thomas. The children died in the fire. Vore had collapsed and had to be rescued from the building.

Retrieved May 18, 2006 from http://www.northcountrygazette.org/articles/041806HeroCop.html

Posted by Dr. Kardasz at 08:24 PM | Permalink

New leader of State Police Foundation named

INDIANAPOLIS - The attorney general says he hopes a new director will restore the integrity of the Indiana State Police Memorial Foundation.

Former Indianapolis City-County Council president Beurt SerVaas is replacing former Indiana State Police officer Cody Johnson.

The foundation was investigated by Attorney General Steve Carter's officer after an audit found funding irregularities.

The audit showed that the Board inappropriately transferred nearly 93-thousand-dollars from a pension fund and another 47-thousand dollars was unaccounted for.

The foundation was set up in 2003 to benefit the families of slain officers and to maintain a memorial.

Retrieved May 18, 2006 from http://www.wishtv.com/global/story.asp?s=4917830&ClientType=Printable

Posted by Dr. Kardasz at 04:45 PM | Permalink

Kardasz: A sad case involving a victim whose abuse was not reported allegedly because of a code of silence among law enforcement officers.

Breaking a shameful code of silence - Whispers about sexual misconduct by Tualatin officers should have been brought forward by colleagues years before

Tuesday, May 16, 2006, The Oregonian

Standing in front of the Tualatin police station is a statue called "Tualatin Protector," depicting a police officer with two small children. On Sunday, The Oregonian's Luciana Lopez detailed how law enforcement officers in the community mocked that statue in some deplorable ways.

Lopez looked into the story of the three Tualatin police officers and a state trooper who resigned last year after investigators found the men had sexual contact with a teenage girl in the city Police Department's Explorer post. That episode was shocking enough, but what Lopez found was just as disturbing: More than a dozen of the department's 36 police officers had heard about the abuse at some point since it began in 1999, but none spoke out.

"The silence held for years," with officers gossiping among themselves about the abuse but with no one blowing the whistle, Lopez wrote. In February 2004, the whispers about the girl and one male officer finally reached a conscientious records technician, Lori Marsh, who instantly did the right thing. She went straight to the victim, who had by then turned 20, and then took the young woman's subsequent admission to her supervisor.

If only everyone in the Tualatin department had been as courageous and clear-thinking as Marsh. Instead, the alarm she raised resulted in a feeble internal inquiry against the lone male officer, who was merely admonished not to do any more ride-alongs with female Explorers.

The abuse stayed a poorly contained secret within the Tualatin department until July 2005. By then, word of it had spread to Hillsboro police. They fired off a letter to Tualatin Chief Kent Barker and notified the Oregon Department of Human Services, as required by law in abuse cases.

Then all hell broke loose. The officers who had been sexually involved with the girl, who would not cooperate with prosecutors, ended their careers in law enforcement. Numerous other officers, including Chief Barker, received suspensions or other discipline. And now the city is negotiating a $1 million settlement demand from the victim.

Lopez's story suggests all hell should have broken loose years before. And if it had, a young Explorer would have been spared at least some of the abuse she endured.

Tualatin is far from the first police agency to stumble badly over such a culture of silence. It's a harmful byproduct of law enforcement's time-honored code of loyalty, which in Tualatin's case became distorted into blind loyalty.

To his credit, Barker has set up a new program of ethics and professional-responsibility workshops for Tualatin officers. It will be successful if it instills among the ranks an understanding of how a culture of silence weakens discipline, leads to misconduct and erodes public confidence -- not just in police work, but in any organization.

For its failure to embrace that understanding, a small Oregon city must now strive with great vigor to restore credibility to the lofty promise of "Tualatin's Protector."

Retrieved May 17, 2006 from http://www.oregonlive.com/printer/printer.ssf?/base/editorial/1147739136170450.xml&coll=7

Posted by Dr. Kardasz at 02:35 PM | Permalink

Kardasz: The following article is from the Houston, Texas Chronicle. It provides an interesting story about lamplighting, a.k.a. whistleblowing and the ramifications of being a person of integrity who provides information about the misconduct of others.

HPD whistleblowers alleging retaliation - But top police officials deny the existence of a code of silence

By HARVEY RICE - Houston Chronicle.com -- http://www.HoustonChronicle.com, May 13, 2006

Officer Troy Burnett didn't receive a reward or special recognition from the Houston Police Department after he gave an anonymous tip accusing a supervisor of falsely reporting overtime.
 
Instead, the 22-year veteran was labeled a "rat and a snitch" by his supervisors in the traffic enforcement division. HPD documents show that ostracism and harassment drove him to request a transfer to a less-desirable job.

Although it was disclosed recently that a retaliation complaint from Burnett led to the temporary suspensions of two supervisors, officers report that retaliation continues against those suspected of assisting Burnett. He also remains the target of an internal affairs investigation aimed at learning how the Houston Chronicle received a copy of his complaint.

A supervisor Burnett accused of retaliation was one of the department's top recipients of overtime pay in 2005, taking in $58,000 in the extra pay. Those involved in the allegations were members of the traffic division, where several of the top overtime earners in the department are employed, including an officer who received more than $100,000 in overtime last year for working drunken-driving cases.

Police and experts who study the issue say Burnett's case shows the continuation of a culture in which officers fear retaliation if they report wrongdoing — a "code of silence" cited by the 5th U.S. Circuit Court of Appeals in 1999 in a Houston case. Yet, top police officials here continue to deny the existence of a code of silence.

Accusations of such a code are at the core of a pending federal lawsuit against the city and HPD, alleging retaliation, and another that ended in a $600,000 jury award last year for retaliation and sexual discrimination.

Burnett's retaliation complaint stemmed from anonymous phone calls he and several other officers made to the Internal Affairs Division, alleging criminal wrongdoing by Sgt. C.J. Klausner, who was relieved of duty last year and retired before disciplinary action could be taken.

OT said to be issue

HPD officials, citing department rules, refuse to discuss Klausner's alleged misconduct, but officers with knowledge of the investigation say that falsely reporting overtime was one of several accusations. City records show that Klausner received $36,000 in overtime pay in 2005, although he worked less than six months that year.

According to disciplinary letters and recordings of conversations between Burnett and his supervisors, Lt. Laurence Lakind sought to discover which officers made the anonymous calls about Klausner, and Sgt. Teresa Curry helped him identify Burnett. Once Burnett was identified, Sgt. Gerald Campbell told other officers that Burnett was a "snitch" and that Lakind was "not happy" with him, according to police documents.

In a recorded conversation with Burnett, a copy of which was obtained by the Chronicle, Curry also calls Burnett a "snitch" and appears to threaten him with demotion.

Suspended by chief

Chief Harold Hurtt suspended Lakind, 47, for 21 days and he will be transferred to a less-desirable job at the jail, department General Counsel Craig Ferrell said. Campbell, 51, was suspended for 15 days and has retired, Ferrell said.

Police spokesman John Cannon said the department has nearly finished an investigation into allegations against Curry, whose $58,318 in overtime pay for 2005 made her one of HPD's top overtime earners. Cannon said the Internal Affairs Division has not disclosed whether the investigation concerned the retaliation complaint or other allegations.

Campbell, Curry and Lakind could not be reached for comment . Officials with the police union, which provided attorneys for them, did not respond to requests for comment.

The outing of Burnett can only discourage other officers from coming forward, said Mark Stephens, who received 40 commendations while serving as an investigator for HPD's now-disbanded public integrity unit before resigning in 1999.

"Once they identify the person who makes the complaint, then you've defeated the whole system," said Stephens, now a private investigator.

The investigation absolved Lakind's supervisor, Capt. Michael H. Luiz, of wrongdoing, Ferrell said, although the disciplinary letter indicates that Luiz knew that Lakind had improperly discovered Burnett's name.

Luiz, who declined to comment for this report, also was the supervisor of a motorcycle unit in which Officer Beth Kreuzer and an entire shift of officers suffered retaliation after telling investigators that a supervisor was sexually harassing Kreuzer, according to trial testimony.

Kreuzer, who retired last year after winning a $600,000 jury verdict that the city is appealing, said a retaliatory shift change to penalize the officers for backing her continues even now.

Court opinion

In each case, officers say they were punished for breaking the code of silence. In its 1999 opinion, the 5th U.S. Circuit Court of Appeals said officers all the way up the Houston Police Department's chain of command knew that officer Patrice Sharp was suffering retaliation for a sexual harassment complaint, supporting a jury's conclusion that the department "had a policy, custom or practice of enforcing the code of silence."

"She presented evidence that any officer who complained about another officer inevitably suffered for it, socially and professionally," the court said.

Such retaliation persists in the department, according to a ranking officer who asked not to be named because he fears reprisal. He said other officers suspected of making anonymous allegations about wrongdoing by Klausner are suffering retaliation as well.

Chief Hurtt's concern about supervisors interfering in internal affairs investigations caused him to issue an order last year restricting access to investigative information. Although intended to protect victims of retaliation, that order is being used as a reason for the leak investigation targeting Burnett, according to Assistant Chief Michael Dirden, head of internal affairs.

Hurtt says he is concerned about retaliation, but agrees with Dirden and Ferrell, the general counsel, about the code of silence.

"Contrary to the myth, there is no code of silence in the Houston Police Department," Ferrell said, noting nearly 50 percent of complaints are internal.

But such denials put HPD officials at odds with several experts on police ethics.

"The Houston Police Department is the only one that has advertised that they think there is no code of silence," said Michael W. Quinn, a former Minneapolis police officer and author of a book on the subject, Walking with the Devil. "Most believe it's there and are trying to fight it"

Neal Trautman, a former Winter Park, Fla., police officer and head of the National Institute of Ethics, said it is "virtually unheard of" for any police agency not to have a code of silence.

harvey.rice@chron.com

HoustonChronicle.com -- http://www.chron.com/disp/story.mpl/front/3860685.html 

Posted by Dr. Kardasz at 08:57 PM | Permalink

Kardasz: When improper conduct is suspected, law enforcement agencies will sometimes create  situations that test the suspect/officers integrity.

From WorldNow and KESQ Channel 3. May 13, 2006

LOS ANGELES A veteran Los Angeles police detective and his partner assigned to the Rampart Division were suspended today after they failed an integrity test.

Sixteen-year veteran Officer Edward Zamora and his partner were sent home after failing an undercover "audit" of an arrest late Tuesday. Police officials did not immediately release the name of Zamora's partner or details of their conduct during the arrest.

The sting occurred after a six-month review of Zamora and his partner's work histories, including arrest reports, public claims, personnel complaints and other records.

A police statement says investigators from the department's Ethics Enforcement Section found a pattern of suspicious behavior and set up "a series of controlled situations to test Zamora's veracity."

The district attorney's office is reviewing the case to determine whether to file any charges. Officials say Zamora also will face disciplinary action within the police department.

Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. 
 
Retrieved May 13, 2006 from http://www.kesq.com/global/story.asp?s=4898318&ClientType=Printable

Posted by Dr. Kardasz at 02:06 PM | Permalink

Officer charged after meeting Star
He wants his day in courtroom

Truth `may be painful' for police
May 5, 2006. 01:00 AM
BETSY POWELL - CRIME REPORTER

A senior Toronto police officer who faces a misconduct charge after meeting with a Toronto Star reporter probing police corruption says he looks forward to telling "why I did what I thought was right" even if it causes "pain" for the force.

"To me it's about the truth. I just hope that the Toronto police can stand up to having the truth out there," Jim Cassells, a 29-year police veteran, said yesterday.

"The truth may be painful for the Toronto police."

Cassells was part of an RCMP-led task force that investigated corruption within the Toronto Police Service leading to six drug squad officers facing charges of extortion, perjury and assault in 2004. A four-month preliminary hearing ended last week and the judge is expected to rule on whether to commit the accused to trial on May 26.

Cassells faces one count of misconduct under the Police Services Act "in that you did without proper authority, communicate to the media or to any unauthorized person any matter connected with the police force," reads the notice of hearing.

It is alleged Cassells shared information about an ongoing internal investigation with the Star's John Duncanson, identified as "J.D." in the notice of hearing.

The notice does not specify what information was allegedly leaked.

Duncanson met Detectives Jim Cassells and Darren Little at a popular Etobicoke restaurant last Nov. 21 where they sat in a booth and had lunch. Little has not been charged.

Just as Duncanson was going to pay the bill, several other plainclothes detectives got up from tables in the restaurant and approached the trio.

One of them identified himself as a detective with the force's professional standards branch, which includes internal affairs, and ordered Cassells and Little to report immediately back to their respective units and await further orders.

All the officers then left the restaurant without saying anything.

Cassells said he felt he had no choice but to go to the media because he felt something important was going to be "swept under the carpet"

"I made the decision based on my own moral values. I did what I thought was right and I'm going to stand by it," he said.

"I fully considered the consequences of my actions prior to doing it.

``And I'm not blaming the police department for doing what they're doing but that said I'm going to explain myself."

He is scheduled to make his first appearance in front of a police tribunal next Thursday.

Cassells, who has an unblemished record with the service and is eligible to retire this summer, was transferred from 22 Division to traffic services after the incident.

"I don't think you'll find anybody involved with the special task force . . . I'd be surprised if you'd find anybody who would do the job again."

In 2005, Duncanson won a National Newspaper Award for stories on police corruption.

Posted by Dr. Kardasz at 11:11 AM | Permalink

Judge refuses to overturn $5 million awards to LAPD officers

Monday, May 8, 2006
(05-08) 21:18 PDT Santa Ana, Calif. (AP) --

A federal judge refused Monday to overturn awards of $5 million each to three police officers who claimed the city of Los Angeles made them scapegoats for the Rampart corruption scandal.

U.S. District Judge Cormac Carney upheld the February jury decision involving Officer Paul Harper, suspended Sgt. Edward Ortiz and former Sgt. Brian Liddy.

Carney also said he would not grant a new trial, finding there was enough evidence for the jury's conclusion that the LAPD "ruined the lives of three highly skilled" policemen and the department "had no probable cause" to arrest the men.

Dale Goldfarb, a private attorney who represents the city, said he plans to challenge the verdict.

The officers had been arrested in April 2000 on corruption charges. They had been implicated by former Officer Rafael Perez, who helped authorities expose a scandal in which anti-gang officers beat, robbed, framed and sometimes shot innocent people in the city's tough Rampart neighborhood near downtown.

Scores of convictions were thrown out and millions of dollars in settlements were paid as a result of the revelations.

A jury convicted the officers in 2000 of conspiracy to obstruct justice in the framing of two reputed gang members. A Superior Court judge threw out the convictions a month later, ruling instructions to the jury before deliberations had been misinterpreted.

After failing to persuade an appeals court to reverse the ruling, prosecutors said they could no longer proceed with the case because some witnesses had disappeared and others were in jail or engaging in activities that would damage their credibility. A judge dismissed the charges in 2004.

The policemen sued the city last August, claiming authorities had ignored problems with Perez's credibility and were eager to use them as an example of the Police Department's reform effort.

URL: http://sfgate.com/cgi-bin/article.cgi?file=/n/a/2006/05/08/state/n180952D45.DTL

Posted by Dr. Kardasz at 11:02 AM | Permalink

Billings Gazette, By Greg Tuttle,  The Gazette Staff, Wednesday, March 29, 2006.

Billings, Montana

A Billings police officer alleges in a lawsuit that his bosses retaliated against him when he reported that fellow officers had taken illegal drugs from the department and had given them to a civilian. One command officer is alleged to have warned the officer to "just keep this between us," according to the lawsuit.

Officer Steven Feuerstein filed the lawsuit Tuesday in Yellowstone County District Court. The lawsuit names as defendants the city of Billings, the Billings Police Department, former police chiefs Ron Tussing and Jerry Archer, interim Police Chief Rich St. John, Capt. Dave Hinkel and Officer Dave Cardillo.

The lawsuit seeks unspecified monetary damages and lists six causes of action, including state and federal constitutional civil rights violations, workplace safety violations, negligent supervision and malice. It also seeks a court-ordered injunction preventing the Police Department from any further alleged acts of retaliation.

"We obviously will respond and defend the city and the defendants," interim City Administrator Tina Volek said Wednesday. The lawsuit is the latest in a serious of legal claims made against the Billings Police Department.

Three female officers have filed discrimination complaints with the state Human Rights Bureau. A state investigator recently dismissed a majority of the officers' claims, but found there was evidence to support one claim of discrimination. Two of the female officers last month filed new state claims alleging ongoing discrimination and retaliation. The cases are pending before the Human Rights Bureau.

Feuerstein is a patrol officer with 14 years of experience at the Billings Police Department. He is represented by Great Falls attorney Elizabeth Best, who could not be reached for comment Wednesday.  Feuerstein states in the lawsuit that in February 2002 he reported to his immediate supervisor, then-Lt. Dave Hinkel, that two fellow officers had removed illegal drugs and given them to a civilian, who is not identified in the document. The lawsuit states the two officers, who also are not named in the suit, were involved sexually with the civilian.

When told of his concerns, Feuerstein alleges in the lawsuit, Hinkel responded by saying: "Let's just keep this between us." Hinkel, now a captain in charge of the department's detective division, could not be reached for comment Wednesday. St. John declined to comment.

The next month, Feuerstein states, he met with Tussing and a consultant who was reviewing the department's ethics policies at the consultant's hotel room. During the meeting, Feuerstein states, he told Tussing about the missing drugs and Hinkel's response. "Tussing took no action in response, instead simply passing the information reported by (Feuerstein) to then Deputy Chief Archer," the lawsuit states. "Archer did not take any action or investigate."

Tussing, who resigned as police chief last year and was subsequently elected mayor, could not be reached for comment Wednesday. Archer, who is now retired, declined to comment. The lawsuit states Feuerstein then reported the allegations of missing drugs to a federal Drug Enforcement Agency agent in June 2002.

In 2004 and 2005, Feuerstein repeated the allegation to then-City Administrator Kristoff Bauer, Assistant City Administrator Tina Volek and Deputy City Attorney Bonnie Sutherland, according to the lawsuit. "He further reported to them that money had been illegally removed from the Police Department evidence room and deposited in what he believed was a Police Foundation fund set up by Tussing," the lawsuit states. "He also reported that this misconduct had resulted in failed prosecutions because of missing and mishandled evidence."

Feuerstein also took his complaints to both the FBI and the police officer's union representative, Officer Dave Cardillo, the lawsuit states. Cardillo "conspired with the other individual defendants to deny him the opportunity to grieve or a fair hearing." Cardillo is on active military service and was unavailable for comment.

Feuerstein alleges that he has been retaliated against, harassed and demoted as a result of his efforts to report the mishandled drugs. At one time, Tussing and Archer "detained" him and "verbally accused and attacked him," according to the lawsuit. "Defendants have provided or permitted treatment based on cronyism and retaliation, rather than ability, training, experience and seniority," the lawsuit states.
The lawsuit has been assigned to Judge Ingrid Gustafson.

Retrieved April 1, 2006 from http://www.billingsgazette.net/articles/2006/03/29/news/local/16-complaint_x.prt

Posted by Dr. Kardasz at 02:09 PM | Permalink

Janesville, Wisconsin - detective talks about drunken driving ticket

By Mike DuPre', Gazette Staff

Martin Altstadt figured he could get away with it. As a 27-year veteran of the Janesville Police Department, Altstadt knew that if he left his sports car where it had slid off a snow-slick city street, a colleague at the police department would contact him later in the day and ask if he was all right. No one had been hurt. Nothing had been damaged.

Other than calling a tow truck, that would have been the end of it-except that Altstadt would be living a lie. "I knew that if I didn't call it in and walked away, I could duck the whole drunken-driving scene. I also knew I'd have to lie on Monday morning. I wasn't going to do that," Altstadt said.
 
The Janesville detective talked publicly about his ticket for drunken driving and its repercussions after talking to his colleagues in the department during training sessions on drinking and its potential consequences. Altstadt and Denny Luster, supervisor of the Rock County Crisis Intervention Unit, gave several presentations so that all employees-sworn and civilian-could see them. Chief Neil Mahan ordered the training as part of the department's response to a series of drunken-driving incidents involving off-duty officers.

The latest case involved Detective James Martin, who was arrested New Year's Day on drunken-driving charges, including causing injury by intoxicated driving. The outcome of an internal police investigation into Martin's case still is pending. Martin, who pleaded guilty to a blood-alcohol concentration violation in exchange for other charges being dismissed, was the third Janesville officer in 17 months to be ticketed for drunken driving. Lt. Greg Gibbs was cited July 31, 2004; Altstadt was ticketed Feb. 20, 2005.

Altstadt said he offered to talk to his colleagues because police officers are held to higher standards and face consequences that most other people in the community don't face when they're ticketed or arrested for drunken driving. Additional consequences include internal investigations and suspensions without pay.

"For us, if you handle it incorrectly, it goes to your integrity," Altstadt said. "When a police officer goes to a home on a call, if his integrity is questioned, his authority is questioned. Eventually, the product of his work is questioned." Altstadt had gone out alone on a Saturday night with no plan other than to have a few beers and probably meet a few friends. It was a mini-celebration of a larger-than-expected income tax refund. He started drinking about 7 p.m. and didn't stop until about 1:30 a.m.-after he had agreed to give someone a ride home.

As he told his colleagues, "I have never paid attention to how many beers I drink, the rate at which I drink. I never kept track." And Altstadt acknowledged that he had no plan for the night he went out drinking.

"If you don't have a plan ahead of time, you're making a plan with the same brain you've been intoxicating. It's not a good idea," he said. "I had no plan to be out that late. … I didn't plan to go out and get intoxicated that night." In hindsight, Altstadt said he would "not go multiple hours with just continuing to drink. There would have been breaks. I would also not try to estimate what my blood-alcohol concentration was."

He knows now that his BAC was "way over" the legal limit to drive. It was 0.207, more than twice the legal threshold for intoxication. Altstadt said he could have walked home because he doesn't live that far from the bar where he was drinking or he could have gotten a ride home.

But, though Altstadt knew he was intoxicated when he left the bar, he had committed to giving someone else a ride. And the drive wasn't that far. But it was just a short distance from the tavern that Altstadt slid off the road.

"I felt capable of driving the car. In there lies the problem," he said. "You do feel capable, but you're making decisions with an intoxicated brain."

Altstadt didn't want to put his colleagues through the process of tracking him down, and he didn't think he necessarily would get a ticket. After all, it was a simple runoff from a slippery street that he had dutifully reported and in which no one was injured and no damage was done.

But once Janesville police arrived, they could tell Altstadt was drunk. Their system kicked into gear. They called the Wisconsin State Patrol so that another jurisdiction would handle the incident. No breaks were given. Before the night was over, Altstadt felt angry and humiliated-angry at himself for getting into an avoidable predicament and humiliated because he was handcuffed, put in the back seat of a squad car and processed at the Rock County Jail.

"The only times I've ever been in there is to lock someone up or interview someone who is locked up," he said. The drunken driving incident has cost Altstadt about $4,200 so far: $900 in attorney's fees, $722 for the fine, $2,200 in lost pay for his 10-day suspension, $225 for mandatory alcohol assessment and $164 for a mandatory driving class.

Furthermore, his car insurance will cost $200 to $225 more per year indefinitely. And because Altstadt is a cop, his incident was bigger news than most other arrests for drunken driving. It was reported not just in Janesville but also on broadcast outlets in Madison and Milwaukee.

Besides money, the ticket cost Altstadt his liberty. Though not jailed, he had to apply for an occupational license to drive just to and from work, on the job and for a limited number of hours for errands. He had to keep a log of his driving. Altstadt felt trapped in his home.

"I lost spring, summer and fall. I lost that. It was significant," he said. "You never want to give up control over your life and circumstances, but in a situation like this you do. And it's by your own making." What Altstadt found was that people who knew and respected him-his children, friends and colleagues-continued to respect and encourage him even though he had made a costly mistake.

"I never before felt like I needed someone to come up and encourage me. It's similar to a close family member dying, but you feel responsible for the death," Altstadt said. "The thing I've reflected on mostly is that in both my personal and professional life I've enjoyed a good reputation with the people I know. I was concerned that this would cast a shadow on that, and I was concerned with how people would view me after that, particularly my kids.

"I was relieved that most people generally view this as a single incident. "I think I'm more approachable professionally," Altstadt said. "When you stand up and admit you made an error, people find you more human and find you more approachable.

"If anything good came out of this, it was that I realized you don't have to be perfect to enjoy a good reputation." And if you want to enjoy a night drinking with friends, have a plan to avoid driving drunk.
 
retrieved March 25, 2006 from http://www.gazetteextra.com/altstadt032206.asp

Posted by Dr. Kardasz at 04:00 PM | Permalink

Posted by Dr. Kardasz at 12:35 PM | Permalink

NOPD clears cops in looting probe: They had OK to take clothing, officials say
Saturday, March 18, 2006, by Michael Perlstein

Four New Orleans police officers have been cleared of looting allegations stemming from a news videotape that shows them taking items from the Uptown Wal-Mart two days after Hurricane Katrina, but the officers were suspended for 10 days for failing to stop civilians from cleaning out the ransacked store, the New Orleans Police Department said Friday.

The video, shot by an MSNBC crew inside Wal-Mart, shows the officers filling a shopping cart with shoes, clothes and other items. In the background, citizens can be seen calmly looting everything from sweaters to bicycles. When a reporter asks the officers what they're doing, one of them responds, "Looking for looters." She then hastily turns her back to the camera.

Despite an avalanche of public outrage over the officers' actions, an internal investigation recently cleared them of looting allegations, said Assistant Chief Marlon Defillo, commander of the Public Integrity Bureau. He said the officers had permission from their superiors to take necessities for themselves and other officers. The New Orleans Police Department later informed Wal-Mart management, after the store had been secured, that its officers had taken some needed items, he said.

The four officers -- Olivia Fontenot, Vera Polite, Debra Prosper and Kenyatta Phillips -- were suspended for 10 days without pay for "neglect of duty" because "people can be observed illegally inside the store with property in their possession and you took no police action to prevent or stop the looting," according to their disciplinary letters. The officers are all seasoned veterans except for Phillips, a first-year rookie.

On top of her 10-day suspension, Fontenot received an additional three-day penalty for her "discourteous" response to MSNBC correspondent Fred Savidge, her disciplinary letter states. Through a spokesperson, Superintendent Warren Riley said Friday: "It was determined that all four officers had received permission from their commanders to get clothing for fellow officers who were soaking wet. They did not steal anything."

Defillo said the officers, all assigned to the badly flooded 3rd Police District, were among the officers rescued from that district's emergency shelter at the LSU Dental School in the aftermath of the storm. "They were putting underwear, socks and shoes in the (shopping) basket," Defillo said. "The problem we had with their actions is that there were citizens in the store taking nonessential items and these officers did nothing to prevent these citizens from looting."

A sharp exchange

In the video, the officers never offer an explanation as to why they're filling a shopping basket with merchandise. Instead, Fontenot tells Savidge that they are "looking for looters." When Savidge points out that he can see looters everywhere, the following exchange takes place: Fontenot: "That's what I see, including you. What are you doing in here?" Savidge: "I haven't taken anything, ma'am." Fontenot: "But you're in the store, huh?"

The Wal-Mart store, at 1901 Tchoupitoulas St., was the site of frenzied and destructive looting the day after the storm and quickly became a symbol of the anarchy that gripped parts of the city in Katrina's aftermath. A group of Times-Picayune reporters saw a handful of officers inside the store early that afternoon taking food, clothing and some nonessential items, such as fishing poles and electronics, while dozens of other officers stood by.

The national and international media that descended on the flooded city reported isolated pockets of looting by New Orleans police at other locations, but Defillo said the department has yet to validate any of those allegations. The department cleared two other officers who were investigated for looting at Wal-Mart based on photographs, Defillo said. He said the photos of those two officers did not show other people looting, making it impossible to uphold suspensions for neglect of duty.

"There was a lot of information put out early on about looting and determining what was valid and what wasn't has been very difficult," Defillo said.

Still under scrutiny

However, two major looting investigations remain under investigation by federal authorities, Defillo said. One case involves the theft of about 200 vehicles from Sewell Cadillac Chevrolet and allegations that 3rd District commanders were involved in some of the thefts.

Another case involves a complaint from a Canal Street hotel owner that a group of officers from the now-disbanded Community Policing squad showed up with an abnormally large stash of goods, which they kept in one of the rooms they were using in the days after the storm.

Aside from those cases, though, Defillo said post-Katrina allegations of New Orleans police officers looting appear to be overblown. "People were saying a lot of things at that time, but we had to separate fact from fiction," Defillo said. "Each of the cases that were presented to my office were thoroughly investigated and based on all the facts and circumstances, we found that officers either weren't looting or they were taking essential items. A lot of media ran stories about looting without proper validation."

However, Defillo said, if there are any other credible allegations of police wrongdoing after Katrina, his office will vigorously investigate the claims. Defillo said complainants can call (504) 568-6800, the new phone number of the Public Integrity Bureau.

'Matter of perception'

Lt. David Benelli, president of the Police Association of New Orleans, said it was easy for witnesses to misinterpret the actions of police in the chaotic environment after the storm. He said he was the target of uneasy glares when he went to the Lower 9th Ward in September and retrieved jewelry and other valuables through the window of his mother-in-law's house on Caffin Avenue.

"It's all a matter of perception," Benelli said. "There were wild aspersions that the NOPD had run amok, but a lot of these stories came out before all the facts had been gathered and investigated. We were the whipping boys right after the storm. What you don't see is, months later when a police officer is exonerated, the media coming back to do that story."

Still, given the widespread accounts of police acting unprofessionally, if not criminally, Benelli said it's probably true that some officers strayed from the law. "There's no doubt in my mind that not all police officers, unfortunately, honored their oath of office," he said. "But it doesn't take away from the fact that the majority, the vast majority, honored that oath. And they don't deserve to be lumped in by the media with the few who didn't do the right thing."

Michael Perlstein can be reached at mperlstein@timespicayune.com or (504) 826-3316.

Retrieved March 18,2006 from http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-5/114266783731840.xml#continue

Posted by Dr. Kardasz at 04:24 AM | Permalink

Kardasz: The following story describes a unique situation involving a public official.

Mar. 16, 2006
Las Vegas Review-Journal

EDITORIAL: Troubled recorder returns to work

Deane can't fulfill duties of office without the public's trust

Embattled Clark County Recorder Frances Deane returned to work Tuesday, her first day on the job since Las Vegas police raided her home and office on March 7.

Authorities are investigating allegations that Ms. Deane, elected to her post in 2002, used her access to sensitive documents for personal profit by selling them before they became public. Sources close to the police investigation have said Ms. Deane received more than $140,000 from Republican activist Monty L. Miller in exchange for records. Mr. Miller is cooperating with the police investigation.

Over the past week, Ms. Deane has agreed to stay away from the recorder's office during the investigation, then broken that agreement, then stated that she never struck such an agreement with County Manager Thom Reilly.
Exactly how Ms. Deane will make sure her office is archiving public records -- those that confirm

property ownership among them -- remains to be seen. Police seized most everything in her office, including her computer. The county has suspended her e-mail account. Her staff, which had no respect for her as an administrator, can't trust her.

And by all accounts, the investigation has changed the 42-year-old Ms. Deane, already an unprofessional flake, into a complete basket case.

"Every day is a different Frances Deane," said Mr. Reilly. "There is just so much drama with that woman." When asked, he agreed that "she doesn't play well with others."

Beyond eliminating Ms. Deane's after-hours access to the Clark County Government Center, county officials can't do much else to prevent her from returning to work. Only a recall election or a conviction under the state's misconduct by a public official statute could remove her from office.
"I need to fulfill the duties of my job," Ms. Deane said in defense of her return.

Ms. Deane and other local elected officials have long failed to recognize that their duties go far beyond just showing up at meetings and overseeing staff. They must fulfill the duties of their jobs in a manner that inspires and maintains the public's trust.

Ms. Deane lost that trust years ago. She paid a $5,000 fine to the state Ethics Commission for planning to profit from the sale of free public documents over the Internet. She allowed title companies to provide free lunches to her staff in exchange for favoring their business over mailed requests. She admitted consulting with a psychic on major life decisions and planted lies with her staff to test their loyalty. She drives without a Nevada license.

And now, facing the most troubling allegations of her brief political career -- allegations that, if true, could land her in prison -- she really believes she can effectively administer an office that performs tasks vital not only to the public, but to the offices of the assessor, treasurer and justice system? (All the more reason to make the recorder's office an appointed position, rather than an elected one.)

We've stated here before that Ms. Deane could retain a sliver of dignity by resigning. The current investigation notwithstanding, she simply isn't fit for public office, even one as anonymous as recorder.

But if she's intent on collecting her $91,000 annual salary for the rest of her term, she should at least have the common sense to realize that she must stay away from the public's business while police investigate her.  

Find this article at:
http://www.reviewjournal.com/lvrj_home/2006/Mar-16-Thu-2006/news/6390521.html 

Posted by Dr. Kardasz at 12:28 PM | Permalink

Jacob Blass, President of Ethical Advocate (www.ethadv.com)

I recently came across a small group of 13-year-old boys who got into trouble with their parents because another friend stole something (a cigar of all things) from a convenience store while they were waiting outside. They did not know he was going to do it and admonished him when he told them.

Later in the day, while the boys were still together, the cigar fell out of the boy’s pocket, in front of other friends and parents. The boy who stole it fabricated a story that he found the cigar on the street and the other boys went along with it. The truth wasn’t revealed until a few weeks later, quite by accident.

The boys, all good kids, lied to their parents when the incident first happened, in order to protect their friend. When, subsequently asked why they lied to their parents, the basic answer was “I didn’t want to be a snitch and get my friend in trouble.”

Children and adolescents transition through developmental stages. Interestingly, one of those stages is that of making decisions. Scientific studies have shown that the frontal cortex of the brain, which is responsible for rational decision- making, is in a developmental state until the mid-twenties.

So one can say it’s understandable that young people, even into their twenties, make questionable decisions. Then, as a person matures and their ethical, moral and societal fibers become more well formed, it’s logical to think their decisions will change to encompass a larger, more global view.

They don’t. Consider this: in a survey conducted last year by PricewaterhouseCoopers, 75 percent of polled people observed an unethical act in the workplace and did nothing about it. They did not speak to the employee in question, they did not report it…they did nothing.

And it’s not just taking a pen, or a pad of post-its; there are a lot of big ticket items involved.

The cost of fraud in the U.S. alone, is $660 billion annually! Over $100 billion annually in healthcare… over $12 billion in retail… more than $10 billion lost annually to fraud in non-profits! This can’t be ignored, not only for ethical reasons, but also for practical ones.

When retail stores are robbed, the public pays higher prices for merchandise. The $100 billion in healthcare fraud becomes a significant factor in the alarming increase in annual premiums.

And, unfortunately, unethical acts in the workplace, and their costs, are more than just fraud. There’s embezzlement, misconduct, unethical behavior, lying, falsification of records, harassment, discrimination and drug and alcohol abuse.

And 75 percent of all polled people saw something and did nothing. These are our friends, neighbors, fellow religious worshippers, people whom, for the most part, we’d say are decent people. Why don’t they, or more appropriately we, do something?

The complexities of our moral decisions and processes are well articulated in many books, but for this article I want to highlight that many people don’t report these unethical acts for the simple reason they don’t feel safe in doing so and most important, because they still feel it’s wrong to do so.

It could feel wrong if the person committing the unethical act is your peer, friend or worse, your boss. It could feel unsafe if there are not confidential and anonymous systems to report an unethical act (surveys have shown that 73 percent of employees would report unethical behavior using an anonymous web site or telephone hotline).

I believe the deeper, more fundamental issue is we don’t feel safe in reporting an unethical act because the majority of us are still afraid of being labeled and judged as snitches, tattletales and squealers. And if you have a fear, you make it a belief: if it’s a belief, then you have to justify it. So when the circumstance arises where someone else in fact does report something, in order to keep yourself right, you make the other person wrong – you make him or her a snitch, squealer and tattletale.

While the frontal cortex might be fully developed for decision-making, the emotional charge of incidents or impressions that happened when we were young, even through our second decade, stays with us. The emotional charge of “don’t be a snitch” is extremely impactful from our younger years, and then is constantly reinforced, e.g., “mind your own business,” or “keep your nose out of where it doesn’t belong,” etc.

And it’s wrong. Consider the tremendous bravery it takes to see something unethical or seriously wrong in the workplace and do something about it. If the incident involves a peer, how will the incident reporter be perceived by that person and their co-workers? Probably as a snitch who turned in a friend or colleague.

If the incident involves management or senior level executives, it requires more bravery, for now your job is on the line.

In either case, the incident reporter has to be 110 percent certain, has to be willing to put it on the line, has to be willing to be ostracized, judged and even retaliated against, just because they are trying to do the right thing. It takes an act of bravery, morale strength and even heroism, to do the right thing.

Many people who have performed heroic actions have said they aren’t special – they’re just ordinary people who did something extraordinary. That means any one of us can show the way.

One of the great films of the 70’s was ‘Serpico.’ Starring Al Pacino, it was based on the true story of Frank Serpico, a New York City (NYC) police officer who could not stomach the corruption he saw in the police department and tried to blow the whistle. He was an ordinary person who did the extraordinary, at great risk.

For Serpico it wasn’t just being the butt of water cooler comments, he was shot at by fellow cops, set up in drug busts and spat upon by other officers who made protecting their own more important than doing the right thing. Finally, due to his unrelenting efforts, the issues became known and the NYC police department was overhauled. He truly was a hero.

In recent years Serpico has expressed his displeasure with the word “Whistleblowers.” In the spirit with which Paul Revere lit the lamps in the tower, Serpico coined the term “Lamplighters,’” for individuals who are willing to do the right thing, even when confronted with the prospect of great personal loss.

March is National Ethics Awareness Month, so here’s the question: how would you act? Would you be brave enough to say something if you saw an unethical act? If not, would you then condemn the person who did? Would you be part of the water cooler conversation that puts the reporter down (how dare [s]he report our friend?) or would you have the courage to say, “it took guts to do what they did, and it was the right thing to do, even if it is against our friend?”

Most of us don’t have to worry about our physical safety in doing the right thing: we don’t need to be heroes – other than to perhaps our children and ourselves. But we do need to overcome old childhood impressions, overcome fears and light the lamp. By doing so, we set an example, and maybe, just maybe, inspire someone else to do the right thing.

Written by Jacob Blass, President of Ethical Advocate (www.ethadv.com), a Chapel Hill, North Carolina-based organization specializing in anonymous and confidential reporting systems

Retrieved March 11, 2006 from http://www.accountingweb.com/cgi-bin/item.cgi?id=101878&d=815&h=817&f=816&dateformat=%25B%20%25e,%20%25Y

Posted by Dr. Kardasz at 10:28 AM | Permalink

Police speeding case spurs ethics talks across Iowa

Police chiefs say officers and private citizens should be treated equally in cases of wrongdoing.

By Jennifer Jacobs, DesMoinesRegister.com
Published March 10, 2006

The case of an off-duty Des Moines police officer's traffic stop has had a ripple effect in the metro area and across Iowa as police chiefs stress to their officers that if they stop fellow officers driving nearly 100 mph with alcohol on their breath - or for any other wrongdoing - those officers should be treated like any private citizen.

Local police leaders discussed news reports about Stewart Drake, who escaped a ticket and alcohol testing last fall when he was clocked driving 99 mph, during a meeting Thursday. The chiefs came to a consensus that there are two separate issues: officer discretion and preferential treatment. One is allowed, one isn't, they said.

"We recognize that officer discretion is an absolutely essential part of a law enforcement officer's job," Des Moines Police Chief Bill McCarthy said, "but we also recognize that preferential treatment, or taking care of somebody because of who they are, is absolutely improper and should not occur." Leaders from Des Moines, West Des Moines, Pleasant Hill, Altoona, Polk City, Windsor Heights, Clive and Johnston police, as well as the Iowa State Patrol and the Polk County Sheriff's Office, attended the Polk County Chiefs of Police and Sheriff's Association meeting at a local restaurant.

The Drake case inspired outrage among some Iowans, who placed more than 40 calls to police officials and posted more than 500 messages on online forums at DesMoinesRegister.com and KCCI.com. They asked: Will departments draft policies that take the pressure off individual officers who apprehend another law enforcement officer? Can Drake be ticketed for speeding five months after the fact? And if police let things like this go, how many other matters do they look the other way on?

On Sept. 22, Officer Stewart Drake was spotted driving a city-owned vehicle 44 mph over the speed limit on Interstate Highway 235 by a West Des Moines police officer, who said Drake smelled of alcohol. Instead of ticketing him or testing him for alcohol consumption, two West Des Moines officers called one of Drake's supervisors to come and pick him up. West Des Moines' police chief, Jack O'Donnell, sent out a memo Wednesday reminding officers that preferential treatment is unacceptable. He is now reviewing department policies to see if any changes are needed.

On March 3, the day an article about Drake appeared in The Des Moines Register, O'Donnell attended the patrol shift briefings to share his concerns. He asked his command staff to take a closer look at current policies, and to tell him whether they think changes - or more training - are needed. "We're looking at the whole process and involving a lot of people," the chief said. "If, because of the recent events, we need to do business better, we will."

Although state code allows police to issue a citation for a simple misdemeanor up to one year later, O'Donnell said he doubts Drake will be ticketed at this point. "The officer made a decision he felt at that time was right," he said. McCarthy, the Des Moines police chief, said he spoke with his top police officers and union representatives to let them air their feelings.
"They pretty much understand," he said.

McCarthy said it's not necessary to amend any of his department's policies - police oaths and state laws are sufficient. When officers take their oath to perform their duty, they swear to uphold state laws and the Constitution, which requires equal protection under the law. But there has to be room for officer discretion, especially with family-related disputes, traffic violations and juvenile crime, he said. Des Moines police come in contact with 5,000 more youths than they refer to Polk County Juvenile Court each year."If we referred everybody on a mandatory basis, we'd probably bring that system to its knees," he said.

McCarthy added: "If there's a good side to what transpired in the reporting it is that it's an area that had apparently slipped, and this publicity has caused (police officers) to understand that these are important issues. How we are seen in the community is important and do we want to compromise that because we gave somebody a break? When you think about it, I don't think so." The case also spurred discussions among police officers in Ames, Muscatine, Cedar Falls and elsewhere - and many agreed that no written policy is needed.

"You are really talking about an ethical situation, and most officers are not willing to risk their career over the mistake of someone else," Iowa City Police Chief Sam Hargadine said.Muscatine Police Chief Gary Coderoni said the Drake incident reminded him of then-sheriff Ron Hazen's 1996 car crash. Muscatine police called in the Iowa State Patrol to assist, and Hazen was charged with OWI. Coderoni said Muscatine's enforcement policies make no exception for anyone, so they do not need to be altered.

Ames Police Chief Loras Jaeger brought up preferential treatment during a command staff meeting Wednesday. "They're going to talk to all their officers," he said. Altoona Police Chief John Gray said he thinks the Drake case "has given everyone in the profession a black eye." His department has no policy, he said, "nor is one necessary."

"Our officers understand the importance of professional ethics and the impact that public perception has on the ability to fulfill our mission," Gray said. "The most significant attribute we have is our own credibility. If that is lost, we cannot expect the public to cooperate with us, support us, or have any empathy for us when we make the inevitable mistake."

West Des Moines Mayor Gene Meyer, who is also head of the Iowa Division of Criminal Investigation, said he and other city leaders have confidence in West Des Moines police. "I don't think an incident here or an incident there is cause for concern for the overall department," Meyer said. "Individual circumstances may justify some adjustments, but that's after review and it's up to the police chief." Meyer said a good internal review process is in place to monitor misconduct and handle citizens' complaints.

Both West Des Moines and Des Moines release an annual report summarizing their internal affairs reviews. Officers' names are not included, but administrators search for trends. If an officer commits an offense serious enough for termination, the Iowa Law Enforcement Academy Council considers decertifying the officer. Decertified officers can no longer serve as police in Iowa and are listed on a national database. Of the 45 police officers decertified since 1985, none was a Des Moines or West Des Moines officer.

Retrieved March 11, 2006 from http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20060310/NEWS01/603100376/1001&template=printart

Posted by Dr. Kardasz at 10:00 AM | Permalink

DA probes overtime for police in Utica
Subpoena seeks records of department sergeant Shawn Anderson

Observer-Dispatch

Utica, New York — The Oneida County District Attorney's Office is investigating whether overtime was used improperly or illegally at the Utica Police Department. "We have received some information and complaints regarding some possible improprieties into overtime billing, and our office is looking into that," District Attorney Michael Arcuri said.

Arcuri refused to be more specific but said the potential wrongdoing did not appear to be widespread within the department. A subpoena in the investigation, obtained by the Observer-Dispatch, requests that the police department provide work records related to Sgt. James Franco, a veteran officer and former president of the John E. Creedon Police Benevolent Association.

City officials, including Police Chief C. Allen Pylman and Mayor Tim Julian, refused to comment on the investigation. Franco declined to discuss the investigation Tuesday. The subpoena, which Arcuri confirmed was authentic, requested a range of internal police records related to Franco's work on 19 dates in 2005.

Among the records sought:
• "Special reports" produced by Franco on those days.
• Mileage records for Utica Police Department Car 9 and any other police vehicles operated by Franco on those dates.
• Logs for police radio transmissions made by Franco on those dates.
• Records of Franco's regular work schedule (non-overtime) for those days.

The subpoena also asks the police department to provide copies of overtime slips submitted by Franco for June 6, Aug. 13 and Aug. 17 last year.The slips were allegedly verified by Lt. David Alsheimer, a person identified in the subpoena as "Williams" and a person identified as "Toomey." "Williams" and "Toomey" never are fully identified in the subpoena.

The subpoena also requests "any narratives or statements given by Sgt. P. Taurisano concerning his signature upon any overtime slips of Sgt. James Franco." The subpoena appears to build upon certain information previously provided by the police department to the investigators. The information is referred to in the subpoena as a "Supporting Materials Research" packet. The subpoena gave the city until Feb. 16 to comply.

The inquiry still is in the preliminary stages, Arcuri said. He said no one has been charged and the case has not been presented to a grand jury. "It is traditionally the role of the DA to ensure integrity within police departments in its jurisdiction," Arcuri said. "It's just as important to prove that there are no improprieties as it is to prove there are improprieties."

His office launched the investigation about two months ago after receiving what Arcuri called credible allegations from several people, including elected officials. He declined to identify them. Utica Corporation Counsel Linda Sullivan Fatata wouldn't confirm the city had received the subpoena and declined further comment.

Arcuri declined to say if other subpoenas were issued in connection with the investigation. Utica Comptroller Michael Cerminaro said he was unaware of the investigation. He said his office has not been contacted to provide records. Common Council President Patrick Donovan, who heads the council's public safety committee, couldn't be reached. But David Roefaro, a Democratic council member at large, said he spoke with Pylman in early December about the overtime issue.

Roefaro recounted the conversation this week based on detailed notes he took. Pylman said nothing illegal had taken place, Roefaro said. "If the police chief tells me there's nothing illegal, that should be the end of it," Roefaro said. "If there's an investigation going on, I guess we'll have to wait and see what the investigation brings out."

Deputy Public Safety Commissioner Robert Palmieri said he couldn't comment because he said neither Julian nor Pylman had spoken to him about the issue. When contacted, three police officers said they were unaware of the investigation and hadn't spoken to the District Attorney's Office.

"Other than what you just told me, that's the first I've heard about it," Alsheimer said. Sgt. Phil Taurisano said he didn't know about the investigation and had not been contacted about it.

Lt. John Toomey declined comment. Lt. Mark Williams expressed surprise when contacted Monday night. "You took me off guard," he said. "I have no idea what it's about." Police Officer Billy Williams — Mark Williams' brother — said he did not have the authority to verify overtime slips.

Police union President Sgt. Thomas Brady couldn't be reached.

Published: March 08. 2006 6:00AM
Retrieved March 9, 2006 from http://www.uticaod.com/apps/pbcs.dll/article?AID=/20060308/NEWS/603080306/1001

Continue reading "Utica, New York. Investigation of overtime use" »

Posted by Dr. Kardasz at 10:48 AM | Permalink

Kardasz: In the following story it appears that drug related corruption infiltrated an entire police department. 

City officials suspends chief, fires officer in east Texas
 
(3/07/06 - TROUP, TX) - City officials in this East Texas town have suspended the police chief and fired an officer after they were arrested as part of an investigation into corruption, drugs and tampering with evidence. The Troup City Council held an emergency meeting Monday following last week's arrest of Chief Chester Kennedy and Officer Samuel Mark Turner.

The council voted to place Kennedy on unpaid leave for 30 days. He was charged last week with tampering with or fabricating physical evidence and released from jail on a $400,000 bond. The council approved the firing of Turner, who remained jailed Monday on bonds totaling $500,000. He's charged with misdemeanor delivery of marijuana and felony tampering with or fabricating physical evidence.

The two men's arrest followed an eight-week investigation by the FBI and Smith County officials after Turner allegedly delivered marijuana. Troup Mayor John Whitsell declined to say whether city officials had heard any complaints about the police department.

"There's rumors in every town in the state of Texas," he told the Tyler Morning Telegraph for its Tuesday editions.
Smith County District Attorney Matt Bingham said the Troup Police Department in recent years has filed an unusually low number of cases for prosecution.

"I've gotten calls from the Troup Police Department wanting cases they submitted declined that we wouldn't decline," he said. "Drug cases are cases we see on a regular basis, and they only had 11 in six years." Troup, with a population of 2,000 residents, is about 15 miles southeast of Tyler. The department's three other officers had been placed on paid leave. Smith County Sheriff J.B. Smith said Monday that his department would patrol Troup until the investigation is resolved.

Bingham said the investigation uncovered examples of Troup officers seizing evidence from citizens, but never filing a case. In other instances, Troup citizens called the district attorney's office to report that police didn't act on their complaints.

Bingham said prosecutors would review cases involving Troup police.

"We're not going to proceed with any case where the integrity of the officer involved is questionable," he said.

Retrieved March 7, 2006 from http://abclocal.go.com/ktrk/story?section=state&id=3968594&ft=print

Posted by Dr. Kardasz at 11:08 PM | Permalink

Kardasz: The following story is an example of a situtation where the heroic acts of officers who risked thier lives are countered by the fact that they violated some department policies during the ordeal.

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

- Jaxon Van Derbeken, Chronicle Staff Writer. Saturday, 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.

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

Continue reading " San Francisco -Heroic acts also involved policy violations" »

Posted by Dr. Kardasz at 11:03 PM | Permalink

Scottsdale cops hit ban on political activity 

By Ryan Gabrielson, Arizona, East Valley Tribune, March 2, 2006

Rules prohibiting Scottsdale employees from any political activity in municipal elections serve as a gag order that violate their constitutional rights, police union representatives said. Under Scottsdale, Arizona city code, public employees are not permitted to make campaign contributions, circulate candidate petitions or post yard signs on their private property. Such rules are intended to prevent political favoritism and protect the integrity of municipal elections.

However, the Police Officers of Scottsdale Association, which issues endorsements during City Council elections, have had to tip-toe around the regulations to take any stand, said Jim Hill, the union’s president. “Everyone’s tried to — how do I say it nicely — skirt it,” Hill said.

When the union released its council endorsements last week, members could not explain the choices themselves, instead referring questions to Hill’s wife. In November, before the current race began officially, the City Attorney’s Office issued an internal newsletter to all employees providing its interpretation of what the code restricts. While the ordinance broadly asserts that “employees will remain free from any political activity” in Scottsdale elections, City Attorney Deborah Robberson said the newsletter offered specifics.

In a question-and-answer format, the newsletter stated that city employees can vote and, in their off-hours, express their opinions and attend political events to become better informed. However, that expression is limited to informal verbal exchanges. No employees have been cited for violating the code. It is enforced when complaints are made.

“We don’t have a commission or a group of employees that are going around ferreting out or following employees to see what they’re doing,” Robberson said. Scottsdale based its parameters of what the city can restrict on court rulings, she said.

“There’s case law that allows the infringement of First Amendment rights by municipalities in certain circumstances,” she said. “And there’s a balance.” Striking that balance has proven tricky. Many of these type of statutes have been struck down by the courts for violating free speech, said Joe Clees, a Phoenix labor law attorney, while some municipalities have loosened their restrictions.

The federal government has repeatedly revised its rules, instituted by the Hatch Act. Federal law mainly restricts government employees from using public resources or from political activity when working. Arizona law limits state employees’ involvement in state elections, as Hatch does in federal races. Both allow contributions and campaigning for or against candidates during off-hours.

By comparison, Scottsdale’s rules are “pretty rigorous,” Clees said. After reviewing Scottsdale’s code Wednesday, he said he was not aware of any previous legal challenge to similar rules. The police union did not raise complaints when the city’s legal interpretation was released. Martin Bihn, an attorney representing the union, said they will take action against the code if an employee is disciplined for what is deemed a constitutionally protected activity.

The city’s interpretation makes a distinction between ballot initiatives and council races that does not exist in the code. Robberson said court rulings permitting speech restrictions deal solely with candidates, not initiatives. Hill said the distinction smacks of hypocrisy, as the city called on the police union when asking Scottsdale voters for a tax increase. In 2004, with the union’s support, the city gained a sales tax increase to hire additional police officers and buy land in the McDowell Sonoran Preserve.

“They did not mind me going up to community meetings with my arm in a sling because I tore it open chasing bad guys, telling people, ‘Yeah, I’m a police officer here and we need a safety tax because we need more bodies,’ “ Hill said. Conflicts and confusion are common when it comes to public employees and politics, said David Merkel, general counsel for the League of Arizona Cities and Towns and a former Tempe city attorney.

“There’s no bright line between protected speech and nonprotected speech. It’s like beauty, it’s in the eye of the beholder,” Merkel said. When he worked for Tempe, Merkel and his wife argued over her desire to display yard signs in support of a council candidate.

As she was co-owner of the home, Merkel said she believed she should have been able to use half the front yard for her purposes, a move that might have put him at odds with a future boss. “I talked her out of it,” Merkel said, laughing.

Contact Ryan Gabrielson by email, or phone (480)-970-2341
Retrieved March 5, 2006 from http://www.eastvalleytribune.com/index.php?sty=60215

Posted by Dr. Kardasz at 10:10 PM | Permalink

3 More Arrested in Rogue Cop Robberies
From the Los Angeles Times
By Scott Glover and Matt Lait
Times Staff Writers

March 3, 2006

Nineteen people, including five former police officers, have been criminally charged in connection with a string of daring and sometimes violent robberies in Southern California, which were staged to look like law enforcement raids as the suspects used police badges and equipment to fool victims, federal authorities said Thursday.

Though the scope of the nearly five-year investigation was first made public in 2004, new details emerged with the arrests this week of a California prison guard — taken into custody Thursday — and of former Los Angeles and Long Beach police officers. Three other suspects remain at large, authorities said.

The group committed more than 20 robberies and burglaries in Los Angeles and neighboring communities over a span of 2 1/2 years until its ringleader, a Los Angeles police officer, was arrested in 2001 on drug charges.

"What makes this case so disturbing is that the defendants include five sworn law enforcement officers who abused their badges, their uniforms and their oaths of office to engage in criminal conduct under the pretense of conducting real police operations," said Thomas O'Brien, head of the criminal division for the U.S. attorney's office in Los Angeles. "While this story sounds like a script from 'The Shield' or 'Training Day,' it actually happened."

Los Angeles Police Chief William J. Bratton focused his comments on the three former LAPD officers who allegedly were part of the crew. The officers, he said, "are traitors to the badge that the men and women of this department so proudly wear, traitors to their fellow officers and, most importantly, traitors to the public."

Most of the participants secretly pleaded guilty to their roles in the crime spree, which lasted from January 1999 to June 2001. Their pleas, in which they agreed to cooperate with authorities, had been kept confidential to protect the ongoing investigation.

The mastermind of the criminal enterprise, officials said, was former LAPD Officer Ruben Palomares, 36, a former Golden Gloves boxer who sparred with top-notch fighters such as Oscar De La Hoya and Shane Mosley. His cohorts were friends, co-workers and relatives, authorities said.

One member was a former female boxer who trained with Palomares, they said.

In addition to the five sworn police officers implicated in the ring, at least four other crew members had ties to law enforcement. Two were graduates of a police officer training program at Rio Hondo Community College.

Another worked as a civilian custodial officer at the Garden Grove Police Department and yet another was an LAPD Explorer Scout who sought a job with the department but was turned down.

Authorities said Palomares' crew was highly sophisticated and organized. They wore police uniforms and badges during many of the robberies. They used LAPD squad cars and unmarked police vehicles during some of the heists, court records show.

During the crime spree, they stole more than 700 pounds of marijuana and 50 kilos of cocaine from drug dealers, which they then sold, court papers state. In addition, they stole cars, money, firearms and jewelry. In one particularly bold robbery, crew members identified themselves as police officers as they commandeered television sets from the back of a truck on a street in Montebello, the documents show.

Some incidents turned violent, with victims being kicked and beaten. At least one victim was shot with a stun gun.

According to court papers, the thieves used law enforcement tactics during the robberies. Some crew members were assigned surveillance duties, watching for police and potential witnesses. Other members — dubbed the "entry team" — would burst into locations. Victims often were handcuffed.

"Once inside the target locations, various co-conspirators would assault and beat the occupants to obtain information, search for narcotics, money and other valuable property," the 54-count indictment unsealed Thursday stated.

Authorities arrested three of the remaining suspects this week: Ex-LAPD Officer William Ferguson, 33, and his brother, ex-Long Beach Police Officer Joseph Ferguson, 31, who were both arrested Wednesday, and Rodrigo Duran, 35, a former Los Angeles County sheriff's deputy and now a state prison guard.

The federal investigation of the criminal enterprise began on June 8, 2001, when Palomares and four other men were arrested in San Diego after having paid $130,000 to undercover DEA agents for 10 kilos of cocaine.

At the time, authorities searched Palomares' Diamond Bar home and seized 13 firearms — including six unregistered semiautomatic assault rifles, 150 boxes of ammunition and a money-counting machine.

One of the men arrested that day, Alvin Moon, immediately began cooperating with authorities. In addition to the robberies, Moon told authorities that he had witnessed Palomares and another crew member assault a young man after an argument at a restaurant.

Moon alleged that Palomares punched the 23-year-old man several times before Oscar Loaiza fatally stabbed him. Sources close to the investigation said Thursday that they have largely corroborated Moon's account and that the case remains under investigation.

Soon after the San Diego arrest, sources close to the investigation have said, LAPD internal affairs investigators began tailing William Ferguson. Within days, he loaded up his boat and towed it to San Diego, ostensibly to go fishing, the sources said.

Suspicious about the timing, investigators wondered whether Ferguson was planning to dump evidence into the ocean. They tailed him to the dock, but were unable to make arrangements to watch him at sea. State Department of Fish and Game agents searched the boat at the behest of police when it returned to shore, but found nothing.

Feeling the pressure from the joint FBI, LAPD and Long Beach Police Department investigation, other members of Palomares' crew began to cooperate, hoping to minimize their prison time. Two years ago, Palomares — who by then had been sentenced to 15 years in prison on the San Diego drug charges — agreed to plead guilty and cooperate with authorities. Though he faces a potential life sentence, he hopes that his cooperation will result in a reduction.

Two months after Palomares began cooperating, Jesse Moya, 29, another former LAPD officer involved in the crime ring, pleaded guilty and agreed to cooperate as well.

The Ferguson brothers have made no such deals. Even before joining the LAPD, records show that William Ferguson had five felony arrests on suspicion of theft and burglary.

While at the LAPD, he was the subject of numerous misconduct complaints, including one stemming from a 1999 on-duty shooting for which he was eventually fired. The city later paid $1.7 million to settle a civil rights lawsuit alleging that the shooting was unjustified and subsequently covered up.

In addition to Palomares, Moya, Duran, Moon, Loaiza and the Ferguson brothers, others charged with crimes were: Armando Contreras-Lopez, 35, of Paramount; Gabriel Loaiza, 30, of Montebello; Michelle Barajas, 38, of Paramount; David Barajas, 32, of Paramount; Jessica Treat, 31, of Whittier; Jesus Estrada Dominguez, 40; Pablo Estrada, 29, of La Puente; Manuel Hernandez, 25, of Pico Rivera; Manuel Godinez Martinez, 25; Juan Mendoza, 29, of Muscoy in San Bernardino County; Steve Quintero, 30, of Montebello; and Geronimo Sevilla, 32, of Whittier.

Oscar Loaiza, Michelle Barajas and Contreras-Lopez are fugitives, authorities said. Attorneys representing those charged either did not return calls or could not be immediately reached for comment.

For years, Palomares enjoyed an excellent reputation in the LAPD, receiving glowing reviews from his supervisors.

"A leader with a reputation for excellence," one captain wrote in the mid-1990s. "Another year of stellar service," wrote another captain.

The first hint that Palomares may have been a problem officer came from Rafael Perez, the disgraced ex-officer whose allegations of widespread corruption and brutality launched the Rampart scandal in 1999.

During his then-secret debriefings with investigators, Perez said Palomares, who also worked in Rampart, had intimated that he had been involved in a bad shooting in 1998 as well as other misconduct.

"I would look at everything Palomares has done," Perez told investigators, "every arrest that he's made."
Retrieved March 5, 2006 from http://www.latimes.com/news/local/la-me-palomares3mar03,1,4801725,print.story?ctrack=1&cset=true

Posted by Dr. Kardasz at 09:12 PM | Permalink

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?

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

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 | Permalink