Fairfax County Police means police brutality

Where the hell is the US Justice Department? Why aren't they using RICO against these cops?

YouTube cop Philip Nace pulled off the street as second video surfaces


MOST PHILLY COPS do it right. One shift after another, they put their lives on the line for people they don't know. They lock up the bad guys and try to make it home to their families in one piece.
Some officers turn into bad guys themselves. They've lost their badges amid allegations of assault, theft, rape, fraud and drug dealing. At least 68 city cops have been charged with crimes since March 2009.
But Officer Philip Nace - the YouTube sensation who has developed an international reputation as the angriest cop in the City of Brotherly Love - is perhaps the first Philly lawman to get benched for what a police spokesman described simply as "idiotic behavior."


Lt. John Stanford said yesterday that Nace has been pulled off the street amid an expanding Internal Affairs probe sparked by viral videos out of North Philly's 25th District, where the 46-year-old cop patrolled with an iron fist and a foul mouth.


"Nace is nasty," said Louis Goode, 55, who has lived on the corner of Park Avenue and Auburn Street for 30 years. "It's like he wakes up on the wrong side of the bed every morning."
Goode lives on the same corner where Nace was recently recorded knocking down a basketball hoop and telling the guys with the ball to "have a good day" as he drives away in a police van. "Jesus loves you," Nace's partner yells out the window.
It apparently wasn't the first time Nace toppled the $450 adjustable hoop, which is now broken.
"He comes out here and harasses people all the time. . . . Nace is a bully," said the 21-year-old who shot the video. He asked that his name not be printed because he's afraid Nace would retaliate. He said Nace had previously banged his head against a truck.


Internal Affairs investigators were on the corner yesterday, interviewing the man who shot the video and taking a photo of the basketball setup. Lt. Dan Bartlett of Internal Affairs confirmed that they were working the Nace case.
Last week, the Daily News reported that Nace was under investigation after he appeared in a YouTube stop-and-frisk video that featured him berating two pedestrians, telling one man he would "split your wig open" and calling the other a "f---ing dirty ass."
"We don't want you here, anyway. All you do is weaken the f---ing country," Nace says in the video. "How do I weaken the country? By working?" the man asked. "No, freeloading," Nace said. When the man said he's a server at a country club, Nace responded, "Serving weed?"
Neither man was charged with a crime, police confirmed yesterday. Both were released following Nace's profanity-laced tirade.
"We can assure the public that he is off the street. What you see in those two videos is certainly not what we teach," Stanford said of Nace. "It takes away from all the good things we've been doing as a department. Our crime numbers are down, but all of that is overshadowed when you have someone conduct themselves like this."
A police source said Nace, an officer since 2006, has been placed in the Differential Police Response Unit, a disciplinary unit where officers who are under investigation are often assigned.
The first Nace video went viral and has received widespread media coverage. Portions of the 16-minute clip were featured this week on ABC World News, drawing more attention to the controversial stop-and-frisk policy championed by Mayor Nutter. The American Civil Liberties Union says many of the stops are made without reasonable suspicion that a crime has been committed.
Stanford said he hopes Nace's behavior won't affect the department's ability to solicit crime-solving tips from residents.
"We've made some valiant efforts to build better relationships with all communities in this city. This definitely puts a strain on that," Stanford said. "But this is one individual. Don't let this individual put it in your mind that this is how officers act. The vast majority of officers give the residents of this city 110 percent."
David Rosenberger, an exterior remodeler who works on Section 8 houses in Nace's district, said he now looks for the numbers on passing police cruisers, knowing that Nace's car could mean trouble.
"You're dealing with a freaking a--hole," Rosenberger said. "He is a prick, man."
Rosenberger, 30, of Lafayette Hill, said he's had run-ins with Nace and his partner, including a recent stop in which they accused him of trying to buy drugs near a property he was working on. He said Nace threatened him, saying that "the dealers and the addicts aren't the only ones that will rob and beat you" as he was driving away. Rosenberger said Nace's partner threatened to crack him over the head with his baton.
"If I see the number on the car, I know if I'm getting harassed or not," Rosenberger said. "I'm sick of it."
Nace's Internal Affairs file includes a 2011 complaint by a driver who said Nace gave him a ticket and verbally abused him after the driver honked his horn to let Nace know he was about to hit him. When the driver went to district headquarters to file a complaint about the road rage, Nace allegedly pulled up and said, "I do not give a f---," and began laughing, according to the complaint. Nace denied the allegations, and the complaint was not sustained.
Nace was also named with other officers in a 2010 complaint that alleged physical and verbal abuse, but the complainant didn't cooperate in the investigation.
The videos have sparked outrage on YouTube, Twitter and other websites. Nace's home address has been posted online. Some viewers have issued threats. Nace could not be reached for comment yesterday.
Stanford said the investigation would determine what disciplinary action would be taken and whether Nace would be transferred to another district.
"It's not something that's going to be tolerated," Stanford said. "The fact that a second video was brought to our attention, there are obviously some issues here."



Fairfax County Police Watch: Why even bother reporting this?

Fairfax County Police Watch: Why even bother reporting this?: Fairfax County officer fatally shoots man during fight at homeless shelter. The gun happy Fairfax County police shot and killed another...

ACLU says arrest of Flint Anonymous activist is unconstitutional


FLINT, MI -- An attorney with the American Civil Liberties Union of Michigan said Flint police officers appear to have violated the constitutional rights of an outspoken Flint political activist when they arrested him outside of his Carriage Town home.
Adam Gerics was arrested Sept. 27 by a Flint police officer outside of his home on Stone Street near University Avenue as he videotaped and shouted profanity at a Flint police officer who was talking to one of Gerics' neighbors.
The video shows a Flint police officer arresting Gerics after Gerics questions why the officer and a neighbor are walking by the front of his house. Gerics said he and the neighbor have had an ongoing dispute and the neighbor has since gotten a personal protection order against him.
"From the video I viewed, it appears that the Flint police officers violated the videographer's constitutional rights," said Michael J. Steinberg, legal director for the Michigan ACLU.
The video of the arrest has been viewed more than 57,000 times since it was posted Thursday, Oct. 3, on the video sharing site Live Leak.
Gerics operates a medical marijuana compassion club, claims membership in the Flint chapter of Anonymous -- an activist group that has protested everything from government surveillance to genetically modified food -- and has been a vocal opponent of many decisions made during the state takeover of the city.
"I have the right to film whoever I want walking up the street whether they are a cop or not," Gerics said.
The ACLU agrees.
"It is well established that Americans have the right to verbally oppose or challenge the actions of police officers, even if they do so using foul language," Steinberg said. "Additionally, the courts have held that individuals have a First Amendment right to videotape police officers' actions in public."

COPS ACCUSED OF FORCING WOMAN TO DELETE VIDEO

A man in Crawford County, Mich., was arrested and charged with felony assault with a deadly weapon on Sunday after he called authorities about a trespassing suspect on his property, his wife tells TheBlaze. There are also serious allegations being made about officers demanding that video footage of the incident — taken by the man’s wife — be deleted.
Thomas Donald, a military veteran, was reportedly out hunting with his 11-year-old son and armed with an “unloaded” single-shot .410-gauge shotgun (his son chose to use a crossbow instead) when he confronted a man riding a dirt bike on his 10 acres of land. The man and his son then reportedly escorted the trespasser to the front of his property and told his wife, Heather, to call the Department of Natural Resources (DNR) to file a “recreational trespass.”
What happened when the Crawford County Sheriff’s Department arrived shocked them both, though Sheriff Kirk Wakefield tells TheBlaze quite a different story.
In an exclusive interview with TheBlaze, Heather Donald recounted what happened from the couple’s perspective. Her husband, Thomas, declined to speak with us on the advice of his attorney and due to the charges against him. His attorney also declined an interview request.



THE INCIDENT
When officers with the Crawford County Sheriff’s Department arrived on the scene, Heather says her husband held up the “open shotgun” with his left hand while holding the shell in his right hand to indicate the weapon was not loaded and assure officers he was not a threat.
The officers apparently didn’t see it that way. And while Heather later would start recording the incident, it should be noted that there is no footage available to show the moment deputies confronted Donald.
One of the deputies, identified by Heather as Shawn Schnoor, “fumbled” with his pistol and trained it on Donald, ordering him to get on the ground. Heather told TheBlaze it took her husband longer than the officer wanted because he has a badly injured back but he moved as fast as he could. Donald was handcuffed before police made their way to talk to the trespassing suspect.



Realizing how quickly the situation had gotten out of control, Heather said she began filming the scene on her cellphone camera.
In the video provided to TheBlaze, Heather can be heard asking why her husband is being arrested.
“Because we pulled up and he had a handgun — or excuse me, a rifle,” one of the deputies says, before being corrected by Donald. “A shotgun.”
Crawford County Sheriff Wakefield told TheBlaze that detaining the man was the correct thing to do because he had a gun and they didn’t know “who was who” at that point.
The deputy makes no mention of an alleged assault in the short video while explaining why they had detained him. Under Michigan law, openly carrying firearms is legal, except at certain locations — and being on your own private property isn’t one of them.
When asked if they would take the handcuffs off, he replies: “Not right now. He’s under — for our protection.” Heather said the deputy seemed to abruptly stop short of declaring her husband was “under arrest.”
Moments before the short 36-second video ends, another officer tells Heather she “can” stop filming. When she refuses, he informs her they need to take the cellphone as “evidence” and they move to take it from her.

“No you won’t!” Donald can be heard shouting, while still in handcuffs on the grass.
“Yep. Ma’am you’re going to be under–” one of the officers says before the video cuts off. Heather told TheBlaze the last word of that sentence was “arrest.”
Heather says she turned to walk away from the officers, but put the cellphone on the railing of her front porch after she was threatened with obstruction of justice charges. The deputies then allegedly confiscated the phone temporarily, but returned it to her before they left.
“They never told me why they needed my phone for evidence,” she added.
Blaze editor Jason Howerton discussed this story with Editor in Chief Scott Baker on today’s BlazeCast:
Heather told TheBlaze the officers later ordered her to delete the video footage she captured of the arrest. She said she complied.
However, the couple was able to recover the deleted video using recovery software, she says. The command to delete allegation has not been proven true, and Sheriff Wakefield could not confirm or deny the report because the deputies in question were not in the office and available for questioning.
If the officer took the phone for evidence, it was likely to see if any footage of the alleged assault was recorded, he claimed. The sheriff also said he doesn’t believe his deputies ordered Heather to delete it.
Heather provided the following screenshots that allegedly show the recovery software used to retrieve the video in question:

Vindicated Cop-Photographer Sues City



by Thomas MacMillan

It’s one of two lawsuits his attorneys plan to file, both featuring cops, cameras, and internal affairs probes that found supervising officers at fault.
Luna (pictured) announced his lawsuit Wednesday afternoon on the steps of the federal courthouse on Church Street, the latest step in a saga that led to the rebuke of an assistant chief, a new police policy, and statewide debate on citizens’ rights.
With the help of attorneys Diane Polan and Max Simmons, Luna is suing the city, the police department, former Police Chief Frank Limon, former Assistant Police Chief Ariel Melendez and other cops. Luna claims the cops falsely arrested him, illegally seized his property, and violated his First Amendment rights when they arrested him and confiscated his iPhone on Sept. 25, 2010, a story first reported by the Independent.
Attorney Polan announced that she’s also planning to sue the city on behalf of Jennifer Gondola, a woman who, like Luna, was arrested while filming cops. In both cases, internal police probes found cops at fault.
Gondola was arrested while capturing footage that drew the attention of the FBI, showing a man’s neck being stepped on by police during an arrest. The case against Gondola was dismissed. The sergeant who arrested her and stepped on the man’s neck was suspended for 15 days following an internal affairs probe.
Asked Tuesday afternoon about Luna’s suit, city Corporation Counsel Victor Bolden responded:  “The city will review the lawsuit and respond accordingly at the appropriate time.”
 “We have to pay attention to this,” said Luna, a 29-year-old medical interpreter who lives in Wallingford. He said the case has “big repercussions not only in New Haven but on a national level.”
Polan noted that Melendez, who retired from the force with several complaints pending against him, collects a pension of over $120,000 per year.
Polan said Luna is asking for punitive damages of $500,000, plus a declaratory judgment that it is unlawful to arrest people filming cops. The New Haven police department is not training its cops to follow the law, Polan said.
“We have the right as citizens to record police because they are public servants,” Luna said.
Early in the morning of Sept. 25, 2010, Luna was riding his bike on Crown Street when he came across some cops arresting three people near the corner of College Street. Luna pulled out his iPhone and began filming the action.
It is not illegal to record police action in public places, as long as the photographer does not interfere with cops.


NYPD Officer Charged With Lying on Arrest Report




In an extraordinarily rare occurrence, an NYPD officer has been charged for lying on an arrest report after arresting a New York Times photographer for taking pictures of him arresting someone else. But it’s pretty clear he isn’t the only one involved in the situation who was lying.
The officer, Michael Ackermann, 30, claimed that the photographer interfered with an arrest last year of a teenage girl by repeatedly discharging his camera’s flash in Officer Ackermann’s face. But the officer’s account unraveled after the office of Robert T. Johnson, the Bronx district attorney, examined photographic evidence and determined that the photographer, Robert Stolarik, did not use a flash and did not have one on his camera at the time. Prosecutors added that no other officers or civilian witnesses reported seeing a flash…
Mr. Stolarik, who has worked for The Times for more than a decade, was working with two Times reporters on Aug. 4, 2012, when he began taking pictures of a brewing street fight at McClellan Street and Sheridan Avenue in the Bronx.
When an officer told Mr. Stolarik to stop taking pictures of a girl being arrested, he identified himself as a Times journalist and continued taking pictures. Another officer grabbed his camera and slammed it into his face, Mr. Stolarik said at the time. As he asked for their badge numbers, the officers took his cameras and pulled him to the ground.
The Police Department said in a statement that officers had given “numerous lawful orders” for both the crowd and Mr. Stolarik to move back, but that he tried to push forward and “inadvertently” struck an officer in the face with his camera. The police said that Mr. Stolarik “violently resisted being handcuffed,” leading to an officer’s hand being cut.

Charges against Stolarik for resisting arrest were dropped immediately because there was no evidence for it at all. This is par for the course, though, the cops engage in misconduct, arrest someone who was doing nothing wrong, then lie about it and claim that they were resisting an arrest that should never have taken place. The other officers almost certainly should be facing discipline as well.

Bronx DA: NYPD cop wrongly arrested photographer


NEW YORK — A New York City police officer was indicted Monday on charges he fabricated the reason for arresting a photographer on assignment for The New York Times last summer.
Officer Michael Ackerman pleaded not guilty Monday to charges of falsifying business records and tampering with public records. He was released without bail and his lawyer had no comment.
Chief New York Police Department spokesman John McCarthy said Ackerman, 30, has been suspended without pay pending the outcome of the criminal case.
The Bronx District attorney's office said the officer claimed that freelance photographer Robert Stolarik interfered with an arrest in August 2012 by repeatedly snapping a bright flash in his face, temporarily blinding him.
Stolarik was on assignment for the Times, shooting images of a growing street fight in the Concourse neighborhood in the Bronx. He was arrested on charges of obstructing government administration and resisting arrest.
A probe by prosecutors and the NYPD's Internal Affairs Bureau later revealed there was no flash attached to the camera, and it can't discharge without the attachment. Also, the photographs taken the night of the arrest showed no flash was used and no other witnesses reported a flash.

The charges against Stolarik have been dismissed. He did not comment Monday. The Times did not immediately respond to a message seeking comment.

NC officer suspended for arresting video-recording teen


WILMINGTON, N.C. — A North Carolina police officer has been suspended for arresting a teenager who recorded him making an arrest.
The Wilmington Star-News reported that Leland Police Sgt. John Keel was suspended for one month without pay for arresting 19-year-old Gabriel Self on Aug. 18 at a gas station.
Self was reportedly getting gas when he saw the officer arresting a man for possessing drug paraphernalia and started recording on his cell phone.
After he started recording, the officer approached Self and said, “I’ll give you two seconds to get your tail out of here.”
Self then moved inside the gas station and continued recording and Keel arrested him.
Self was charged with resisting a public officer and booked into the Brunswick County jail. The charge was later dropped.
Leland’s town manager David Hollis said citizens cannot interfere with police in their work, but police cannot prevent them from taking pictures or video.
Self’s arrest caused Leland police to conduct a department-wide workshop about its recording policy to avoid future incidents. Keel will reportedly receive additional training.
Self said the suspension was a bit harsh and all he wanted was a handshake and an apology.
Self said he wanted to record the incident because an officer allegedly forced him to show his ID without cause.


Philly cop caught on camera slapping Chester woman gets his job back


Philadelphia Police public affairs confirms that Lt. Jonathan Josey got his job back after being fired by the Philadelphia Police Department after amateur video surfaced of him striking a woman during a Puerto Rican Day Parade post party last fall.
Philadelphia Police Commissioner Charles Ramsey stood by his decision to fire Josey."Just the rationale for having dismissed him - the video, the paperwork that was left," Ramsey said. "I'll go over everything in the process that I used to come to that decision."
Ramsey has yet to comment on Josey's reinstatement.
Back in October, cell phone video surfaced showing Josey striking a woman at the Festival de la Americas following the Philadelphia Puerto Rican Day Parade on Sept. 30. The video received more than 1.5 million views on YouTube.
The incident happened near Fifth and Lehigh streets in North Philadelphia, after the parade on the Parkway. Parade organizers say they had nothing to do with the North Philadelphia event.
Officials say Aida Guzman of Chester, was spraying silly string at officers involved in a traffic stop when she was hit by Josey. Her face was bleeding as officers took her away. Guzman was cited for disorderly conduct but the charge was subsequently dropped.
At a one-day, non-jury trial before Dugan earlier this month, Josey testified he thought Guzman had thrown beer on him. He said he told her to put down the bottle and then swung in an attempt to knock it from her hand. Guzman has said she didn't throw any liquid, but she did shoot aerosol string into the crowd.

Josey's reinstatement doesn't come as a big surprise. About 90 percent of Philadelphia police officers fired for wrongdoing find their way back onto the force.

Same old Culture of Contempt, different name.

                   

   How do we solve the police corruption problem in Fairfax County? 
   Easy.
   We bring in fresh blood. We hire someone who will adjust the attitude of arrogance and entitlement that permeates the department, an outsider who will change the culture of contempt and brutality that is the Fairfax County police.
   With an honest police chief, meaning someone who wasn’t bred in the Fairfax County Police department, we won’t need to discuss a citizen oversight panel to investigate entrapment and murders by the cops-from –another-county on the local citizenry.
   With an ethical man or woman at the top of the Neanderthal chain, the cops reckless spending could be roped in and the several thousand yearly misconduct complaints against the police would actually be investigated and the results of those investigations would be made public, since, after all, the public pays for them.
   And no, the Fairfax County Police ARE NOT investigating complaints against them.      Snap out of it.  This isn’t a fairy tale. This is a police force out of control and to prove that, not one incident report on the killing of eight unarmed citizens in the past decade has been released to the public in all probability because they were never investigated in the first place. 
   Anyway, back to an honest police chief.  The board of supervisors would fire an honest chief who tried to drag the Fairfax County police force into the light of day. They’d fire him and they would do it within a year.  And they would do that because it’s really a matter of values which is why Sharon Bulova and her cronies will never bring in an outside person to manage the police.  What the board wants is someone who has no values, someone who won’t question the practice of sweeping complaints about the cops under the carpet. And most importently they want someone who will make damn sure the right political contributions arrive into the right hands.
   To prove the point, instead of hiring an outsider who will change things, Bulova and her friends promoted whatever the hell is name is as chief of police….it doesn’t matter what his name because he doesn’t matter. He won’t rock the boat. He won’t change anything. That’s what matters to those people. To prove the point, when asked what his plans for the department are, Chief whats-it responded that he intended to hire more cops under the guise of diversity. We don’t need more cops, of any color or creed. More cops will just add to the problem. Fix the cops we have and then hire new ones.
  It doesn’t matter, really. None of this matters because it will never change.  This guy, chief what’s his face, will put in his time and retire with a pension that would make him a millionaire in most 3rd world countries.  And when he goes, the next irrelevant person chosen from the inside the department will take his place and nothing will change and Fairfax County, a 21st century place, will go on with its 19th century police force.
   And no, correcting the corrupt and often criminal Fairfax County Police Department won’t be solved by police oversight because oversight can’t fix the core of the problem within the Fairfax County Police Department which is contempt by the cops for the citizens who pay them (and pay them much too much, way above the national average)
   Oversight in Fairfax County will solve nothing except to give a bunch of angry and bored retired guys something to do while adding even more bureaucracy to a county government already saturated in red tape, overhead and redundancy.
    Want an example of costly overhead and redundant positions? Former police chief Rhorer’s six figure salaried job as “extra special police chief” or Head Dwarf in charge or whatever the hell he is this month, can’t be justified any more than the board of supervisors can explain the 20,000 foot, multimillion dollar addition to the McLean police palace or the several hundred unused cars the police department purchased and doesn’t use or the small fortune of public money the cops are secretly pouring into drones.
    Aside from not doing anything to change the cop’s culture of contempt the claim that a  citizen’s review board would  protect the public from continued unlawful actions by the Fairfax County Police is unfounded . The fact is that is no evidence can be found anywhere in the United States to justify that claim. Citizen’s review boards do not curtail violence and other felonious activities by the police upon the citizenry because virtually every citizen’s review board in the nation is a dismal failure. Most are powerless to enforce their will and are manipulated into subservience by local politicians, people like Bulova and Hyland and that’s exactly what will happen in Fairfax County if we get oversight.  
     It’s also not true that a citizen’s review board would protect the police department from unjustified criticism by the public.  Snap out of it….the cops in this county don’t give damn what the public thinks.  That’s mean you. They could care less what you think. You have no value to them and in so long as the board of supervisors continues to reward the cop’s culture of contempt the police will continue not to give a damn about what the public thinks of them or anything else.
    Bulova and Hyland handed us an “independent auditor” to investigate the hundreds and hundreds of complaints about abusive behavior by the occupying force of outsiders that is the Fairfax County Police. And to their credit they did with a straight face and doing anything straight must have been a real chore for Hyland but anyway……the reason the board of supervisors dreamt up the “independent auditor” wasn’t to derail calls for police oversight. They did it because they can fire anyone in the position who either audits the police or acts independently.
    Elected officials, generally, are all about power and live in the cult of self adoration.  They don’t want or give a damn about what’s good for you. They want what’s good for them and controlling the “independent auditor” is what’s good for them. Citizens controlling a police review board does not benefit members of the board of supervisors in any way, shape, manner or form. In fact, police oversight would draw attention away from people like Sharon “Show me the money” Bulova and Gerry Dearie Hyland and it would sap their control over the county.
   Besides, the fact that the board of supervisors funds almost 100 advisory boards but can’t bring itself to create a citizens advisory board should tell the citizens advisory board advocates that a citizens review panel ain’t gonna happen.……..so snap out of the piss trance and revert to plan B and make a real difference, here and now, through political action and pulic awareness because police oversight until pigs fly….pun intended.
    If you want change don’t expect the local government to bring about that change. The only way to rein the police in is to fire the people who hire the cops and you will only be able to do that if you have grass roots support. Form a political action. Work the polling precinct with handouts on the issue of police corruption.  That should be easy since Virginia seems to have elections every three weeks.
   Build blogs and websites aimed at informing the people of Fairfax County about how corrupt, contemptuous and bloated the Fairfax County Police are.  Send speakers to community groups and churches to bring the issue to light.  People will listen if you give them something to listen too and if you include them in the process.   
   Police oversight isn’t the silver bullet that will end the systematic corruption and contempt that is the Fairfax County Police ebcuase the answer to fixing the Fairfax County Police isn’t one thing it’s many things.
   Not running the police department like a secret hillbilly cult is also part of the answer.
    Firing Sharon Bulova and keeping her out of public office forever is a very large part of the answer.
   Holding Gerry…that’s Gerry with G dearies…..Hyland accountable for his “spend whatever the cops want” actions over the past few years is part of the answer as well.
  Putting a stop to the cops costly an unneeded publicity campaign is part of the answer.
   Forcing the cops to live in the county that pays them (and again, pays them better than the national average) is part of the answer.
    Cutting the police budget by at least 20% and placing that cash where it’s needed (Schools, highways, more roads) is part of the answer.
   Explaining to the cops that using lethal force when unnecessary is a bad thing. So is setting up school teachers and eye doctors for false arrest. The cops don’t understand that those are morally wrong things to do and their actions support the claim.
    As to the suggestion of  bringing in the FBI to investigate possible civil rights violation by the Fairfax County Police. Forget it, that ain’t gonna happen in a Democratic stronghold while we have a Democratic administration in the White House.
    Besides investigating civil rights violations isn’t what we need to investigate. What we need to investigate is the reason that our elected officials are so hell bent on making the cops happy. To find that out, don’t send in the FBI send in the IRS to investigate the hundreds of nickel and dime political contributions that come into the Board of Supervisors campaign offers. Have the auditors pay special attention to those contributions that come in from Louden and Prince William Counties….you know…those two places where 80% of the Fairfax County police force lives.  And the investigators should ask “Are these low ball contributions, intended to fly in under the radar, coming from the sons, daughters, in-laws and other relatives of the Fairfax County Police at the urging of the cops union and if so, what are the cops getting in return at our expense?  A lot, actually.

  







Huntington settles freelance journalist’s false arrest suit


Huntington settles freelance journalist’s false arrest suit
Joseph Pniewski an investigative journalist has agreed to settle his lawsuit against the city of Huntington alleging police violated his constitutional rights when they arrested him nearly two years ago for filming a traffic stop.
According to the suit filed Aug. 24, Pniewski witnessedcops  Cowell, Leist and Bentley conducting a search of a vehicle and its occupants in an alley off Northcott Court in the Fairfield West project on Sept. 29, 2011. Pniewski, who lives nearby on Daulton Ave., began filming the search.
Shortly thereafter, Pniewski was approached by Officer Dana Cowell, who inquired as to what he was doing. In response, Pniewski said he was “videoing for the purpose of community response and to assess if the officers were conducting their job properly.”
According to the suit, Cowell instructed Pniewski to “go around the corner.” Though Pniewski backed up a “significant distance,” Cowell again instructed him to go around the corner, the suit says.
At that point, Pniewski inquired if he was not allowed to film the search to which Cowell allegedly replied “Yes.” After that, Pniewski says he backed away further.
When Cowell again ordered him to leave the area, Pniewski offered to back up even further, and inquired why he had to leave, he says. According to the suit, Cowell said he was concerned for his safety.
To help alleviate his fears, Pniewski says he offered Cowell to search him. Instead, Cowell arrested him, allegedly saying “It’s this simple, I told you to leave the area.”

According to the suit, Bentley took possession of Pniewski’s video camera after Cowell arrested him. Shortly thereafter, he, Cowell and Leist huddled around it before one of them allegedly erased the footage he shot.

Philadelphia PD Sued Over Arrest of Student Photographing Cops




THE AMERICAN Civil Liberties Union plans to file two federal lawsuits today against the Philadelphia Police Department for wrongfully arresting a journalism student for photographing a cop and a West Philly woman who was observing police action in 2011.
The latest filings will be the ACLU's third this year in which citizens have been arrested for videotaping, photographing or observing police activity. Another was filed in January. These suits also come a week after a Philadelphia woman sued the city after a cop allegedly beat and arrested her and a friend for videotaping an arrest two years ago.
"Certainly the right to observe police officers and their interaction with the public is at the core of what the First Amendment is supposed to protect," ACLU attorney Molly Tack-Hooper said, adding that the latest cases are not isolated. "The Philadelphia Police Department has arrested numerous people for filming. These are unconstitutional arrests."

District attorney revises policy on police misconduct disclosure
The new directives require prosecutors to disclose all evidence favorable to the defense and allow information on officer misconduct to be added to a database.
Los Angeles County Dist. Atty. Jackie Lacey announced Tuesday that she has issued new policies on when to disclose information about police officer misconduct and other evidence in criminal cases to defense attorneys.
The move drew praise from the American Civil Liberties Union of Southern California, which, along with other civil rights lawyers, sued the county last year accusing prosecutors of improperly withholding key evidence from defendants.
The new directives, issued last week, make it clear that prosecutors must disclose all evidence favorable to the defense and that they cannot rely solely on the contents of a district attorney's database that tracks police misconduct when they determine what evidence needs to be turned over.
ACLU attorneys said they dropped their lawsuit earlier this year after Lacey's office gave assurances that the policies would be revised. Lacey took office in December, replacing retired Dist. Atty. Steve Cooley.
Hector Villagra, executive director of the ACLU of Southern California, described the new policies as a major improvement that more accurately explains the legal obligations of prosecutors to disclose evidence to the defense.
"We're very appreciative of Ms. Lacey and her leadership and commitment to the office's obligation to ensure fair trials," Villagra said.
District attorney's officials downplayed the significance of the changes, saying the new policies were clarifications designed to accurately reflect the office's training and legal manuals as well as the practices already being followed by prosecutors.
"If there was any confusion about it at all ... we wanted to eliminate that confusion," said Assistant Dist. Atty. Pamela Booth, who oversees the office's administration. "We want our prosecutors to live up to the highest ethical standards."
ACLU's lawsuit alleged that the district attorney's office violated the rights of defendants by preventing prosecutors from disclosing information about law enforcement misconduct without "clear and convincing evidence" that the information is true. That is a higher burden than the "preponderance of evidence" standard required for police departments to discipline or fire officers.
The suit also claimed that the district attorney's office improperly withheld evidence during ongoing investigations into law enforcement officers, and that it only required prosecutors to turn over evidence if they believed it would probably affect the outcome of the case.
The district attorney's new directives explicitly follows California law. It says that prosecutors must turn over all evidence favorable to defendants and that information appearing to help a defendant should not be withheld simply because the prosecutor believes it might not affect the outcome of the case.
The new policies also tell prosecutors that information on pending police misconduct investigations can, in some cases, be put into the office's database.
Booth said the office has never prevented prosecutors from fulfilling their legal requirements to disclose information to the defense. She said that adding information about pending investigations to the police misconduct database is also nothing new, even though the previous policy appeared to prohibit it.
Despite objections from some civil rights attorneys, Booth said the office continues to use the "clear and convincing evidence" standard for including officers in its misconduct database, known as the Brady Alert System.
Last year's lawsuit filed by the ACLU, civil rights attorneys and legal scholars also accused the Sheriff's Department of failing to keep inmate complaints in the personnel files of the deputies accused of misconduct, requiring officials to hand-search thousands of documents to find complaints against specific jailers.
The ACLU dropped that part of the lawsuit last year after sheriff's officials announced the department had implemented a new system for tracking inmate complaints by deputy name and had also manually classified inmate complaints for the last five years

NJ Assemblyman Paul Moriarty (D-Gloucester County)

NJ Assemblyman Paul Moriarty (D-Gloucester County) was wrongly accused of drunk driving last year, the charges were dismissed and the cop who pulled him over has been indicted for false arrest.  There was a camera on the cruiser. Now Moriarty wants all police cars used for traffic stops to be equipped with dashboard cameras. The legislation calls for a $25 surcharge for drunk driving convictions to fund the cameras.


David Sal Silva, the father of four children, died after cops

David Sal Silva, the father of four children, died after cops with the California Highway Patrol repeatedly struck him with a baton. His family is now calling for the cops to release a bystander video evidence that reportedly shows the cops beating Sal Silva to death. Local press have also reported on details from a 911 call made, in which witness Sulina Quair, 34, said “There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him. I have it all on video camera.We videotaped the whole thing. The cops confiscated the phones of bystanders who had captured the event as it unfolded. Cops also arrived at Quair’s home to take his phone. 

Angelique Gerald-Porter was near her home in Philadelphia watching a violent arrest

 Angelique Gerald-Porter was near her home in Philadelphia watching a violent arrest that her friend, Salimah Milton, was videotaping. After Gerald-Porter got off her steps, a cop told her to get back. According to the lawsuit, she complied, but the cop, Ian Nance, told her to walk to the end of the block. Gerald-Porter refused since she lived steps away.  Then Nance said: “This is our property right now," and slammed Gerald-Porter to the ground. Nance allegedly punched her in the stomach, and dragged her down her steps by her hair. Her two-year-old son was pinned beneath her and was kicked, according to the lawsuit. Gerald-Porter “was bloodied, her clothes torn and she was nearly naked in the street, the suit says. Gerald-Porter and her son were both treated for injuries at Lankenau Hospital.

Baltimore cops beat up a woman named Makia Smith and smashed her camera


Baltimore cops beat up a woman named Makia Smith and smashed her camera for filming them beating up a man, telling her: "You want to film something, bitch? Film this!" the woman claims in court. She has sued the cops involved,  Nathan Church, William Pilkerton, Jr., Nathan Ulmer and Kenneth Campbell, in Federal Court.


U.S. District Court Judge has made a ruling that a video showing

U.S. District Court Judge has made a ruling that a video showing Meriden Ct. cop  Evan J. Cossette pushing a suspect into a jail cell could be entered into evidence. The Meriden cop is charged with violating a suspect's civil rights of Pedro Temich.  Cossette is accused of pushing Temich, who was handcuffed after he was arrested and was highly intoxicated, backwards into a cell on May 1, 2010, then lying about the incident in reports he filed. Temich hit his head on a concrete bench during the fall and suffered a deep laceration that required about 12 staples to close.

York, PA - A York County judge has ruled that Steven E. Landis who has a federal civil rights

York, PA - A York County judge has ruled that Steven E. Landis who has a federal civil rights lawsuit against Springettsbury Township Police is not guilty of resisting arrest.
Judge Richard K. Renn, presiding over a bench trial Wednesday, issued his ruling after watching a video of cops Chad Moyer and William Polizzotto arresting Steven E. Landis on Aug. 5, 2012.  Renn watched the video that was taken by a police cruiser camera several times. Renn determined that Landis did not have time to comply to Moyer's demands for him to put his hands behind his back. Pennsylvania State Police are investigating the police brutality allegations against the two cops.



The Hialeah Police Department




Two school traffic cops who were fired — one for allegedly drinking outside the school and the other for not reporting it.

 Hialeah Sgt. Tomas Muñoz’s arrest last month on charges that he had “several crack rocks” on a nightstand table in the Ernesto Motel on West Flagler Street, near the Magic City Casino. Muñoz, a 15-year-veteran of the Hialeah PD, was arrested at 2:50 a.m. and was in the room with an unidentified female. Muñoz told TV reporters that his girlfriend’s pimp set him up.

Cop Julio Robaina, and his wife, Raiza, turned themselves in Friday to federal law enforcement officials after they were indicted by a federal grand jury on charges of income tax evasion, making loans at sky-high interest rates and failing to report secret cash payments.

 In December, Hialeah police officer Rafael Valdes was indicted on gun-trafficking charges. According to the indictment handed down by a federal grand jury in West Palm Beach, Valdes and his wife, Tammy, a retired police officer in Golden Beach, illegally sold at least 600 guns over seven years. They are accused of selling the weapons over the Internet and at gun shows throughout South Florida. Authorities seized five rifles, four shotguns and 38 handguns from the couple’s home

 In October, Hialeah Detective Raul Samaria was involved in an accident that killed Andrea Castillo, the 21-year-old daughter of Miami-Dade School Board member Susie Castillo. Andrea Castillo’s boyfriend, Marco Barrios, was driving the SUV that collided with Samaria’s police cruiser at East Ninth Court and 49th Street at 9:45 on a Friday night. In a matter of days, the department investigated and concluded Barrios had caused the crash after running a stop sign. The families of Barrios and Castillo have sued the city, contending the officer was speeding.

Cop MarioHernandez was dismissed for allegedly drinking on the job and another cop named Del Diego for not reporting the incident.

 During Memorial Day weekend 2011, three Hialeah cop, working with Miami Beach police, were involved in the shooting and killing of a 22-year-old man. Cops have said Raymond Herisse, from Boynton Beach, refused an order to pull over while speeding on Collins. Police fired more than 100 rounds during the shootout. Herisse, who died on the scene, was shot 16 times, according to autopsy reports released earlier this month. Three bystanders were also wounded. Prosecutors are investigating whether the officers’ shootings were justified.

Justice Department Backs Filming Police in Maryland



The Justice Department has written two letters to the U.S District Court in Maryland supporting the Constitutional rights of citizens arrested for filmingcops  on duty.
“The United States urges the Court to find that both the First and Fourth Amendments protect an individual who peacefully photographs police activity on a public street,” one letter read.


Dash Cams Off or Didn't Capture Fatal Shooting, Say Seattle Police




The Seattle Police Department says half of the dashboard cameras were active and on during a fatal police shooting last February, but none of them captured the events.
The department says that 11 cop in 10 cruisers rushed to the call, and five of them had their dash cams activated and turned on. The other five did not and some officers didn't know how to use the cameras, others didn't turn them on because they didn't have time.

Phoenix Man Arrested for Photographing Sandra Day O'Connor...Courthouse Building




 Raymond Michael Rodden photographed some shots of government buildings. He was followed by a cop car and a foot cop. He walked into an alley and was arrested under
Phoenix Municipal Code 36-61 states that “no person shall use an alley within the city as a thoroughfare except authorized emergency vehicles.” 

Baltimore Police Sued for Destroying Citizen's Video Footage




Makia Smith has sued the Baltimore City Police. Smith says that she was stuck in stand-still rush hour traffic in March 2012 when she saw a group of cops beating up a man.
She stepped out of her car, stood on the door sill and began recording. A cop named
Nathan Church grabbed her phone, threw it on the ground and smashed it with his foot.
“You want to film something, bitch? Film this,” he yelled.
He then proceeded to beat her.

Deadly Bakersfield Police Beating: Seized Phone’s Video Disappears, Sheriff




Two citizens filmed cops beating a man for being drunk in public. The Kern County Sheriff’s Department seized the films qhich are now missing. The FBI is investigating.


Jury selected in Meriden police brutality trial



NEW HAVEN, Conn.— A jury has been picked in the federal police brutality trial of a Meriden cop Evan Cossette, the son of Meriden Police Chief Jeffry Cossette, is accused of shoving a handcuffed man in the police department lockup in 2010. The man, Pedro Temich of Meriden, fell and fractured his skull on a concrete bench.The incident was recorded on surveillance video, but Cossette says the video was altered by police officials to leave out key moments when Temich disobeyed commands to sit down.

Self-Glorification




  We should build a rose garden to the memory of citizens killed by the Fairfax County Police. Don’t chuckle over it. There are enough people in this county willing to finance and promote the project.

   Just as the Fairfax County cops best bud Gerry (With a G, dearie) Hyland wants to tax our food, the cops decided to a mid-day self-glorification rally on company time. They have that much of our money to spare.  The manufactured event, a memorial service held at the Public Safety Rose Garden located behind police headquarters, was to recognize police officers killed in the line of duty.
  We should recognize police officers who sacrifice their lives for the public good. But in all fairness to the people of Fairfax County, we have done that and done that many times.
   Considering the enormity of police budget, the over gross overhead of assistant/deputy police chiefs, combined with the extremely generous paychecks and golden retirement parachutes we give the Fairfax County police …SHOULD’T THE COPS BE DOING THIS SORT OF THING ON THEIR OWN TIME AND AT THEIR OWN EXPENSE?
    This is to say nothing of issue that the Fairfax County Police spend an inordinate amount of time promoting themselves which is what the parade in the rose garden was about and which leads us to the question that if the cops were forced to put on the display in the rose garden on their own clock instead of ours, would they be conducting these self-serving ceremonies at all?  No, probably not because these sort of high drama gatherings are for the sake of illusion, a means of telling the taxpayer “Don’t look at what we take. Look at what we give”
    But they do take. They take a lot, especially when we factor in that Fairfax County cops, by and large, don’t live in this country which is very generous to them. Their paychecks are spent in Prince William County. The homes they buy are there as well. Their kids take short buses, no doubt, to Louden schools.  
   Yet the enormous overhead cost of redundant and unnecessary staff in the police department comes out of our counties budget. Same with the fat paychecks we give them and lucrative retirement deals they weaseled out of us. Our county pays for it.
    And what is this “Public safety rose garden?”  Why are we paying for this? If the cops want their own garden, they should build one out of their pockets and not ours. And why do they get one at all? Does the County assessor get an apple grove in his honor or garbage collectors a field of lilies?  Enough is enough.





officer charged with assault seeks to block release of video of incident




A Seattle police officer charged with assault has filed court papers asking a judge to block the release of patrol-car video of the incident that led to the allegation.
In a complaint dated May 9, attorneys for the officer, Chris Hairston, argued that the release of the video to The Seattle Times under a public-disclosure request would violate Hairston’s right to privacy and a fair trial. Disclosure also would conflict with state law regarding the release of dashboard-camera video while criminal or civil litigation is pending, the attorneys wrote.
The complaint was filed in King County Superior Court against the King County Prosecuting Attorney’s Office, which had planned to release the video to The Times next week.
Hairston pleaded not guilty April 19 to a misdemeanor assault charge stemming from a confrontation with a handcuffed man who had attacked the officer’s wife, also a police officer.
Katie Hairston and another officer responded Sept.24 to a report that a person had passed out near Seattle Central Community College.
The officers spoke to several people who were drinking alcohol, including one who assaulted Katie Hairston, according to the City Attorney’s Office, which brought the assault charge against Chris Hairston. Katie Hairston was treated at a hospital for a head injury and scrapes to her hands and knees.
After her assailant had been placed in handcuffs, Chris Hairston, a K-9 officer who had been on duty elsewhere, arrived at the scene. He allegedly walked up to the suspect and intentionally assaulted him, the City Attorney’s Office said.
No detailed description was provided of Hairston’s specific actions.
The Seattle Police Officers’ Guild, which has criticized the charging decision, said in an April 4 statement that Hairston was captured on video “grabbing” the suspect, who had “brutally assaulted” his wife.
“The suspect was not slapped, punched, kicked or assaulted in any other way,” the statement said.
The guild said the facts will “clearly demonstrate” that Hairston’s conduct “although not condoned, did not rise to the level of a criminal act.”
The proper venue to examine Hairston’s actions, the statement said, is the department’s Office of Professional Accountability, which handles internal investigations.
The statement questioned whether a citizen would be charged under the same circumstances and accused City Attorney Pete Holmes of having a “double standard” for police officers.
“This unnecessary filing decision is only being done for political reasons and is a waste of city resources and valuable court time,” the guild said.
In the current issue of the guild’s newspaper, The Guardian, Sgt. Rich O’Neill, the president of the union, suggested that the video should be released, writing, “Mr. Holmes has yet to release the video.” O’Neill, who couldn’t be reached for comment today, wrote that Chris Hairston grabbed the suspect “for about two seconds.”
Holmes’ office has declined to release the video, citing the same state law that Hairston lists in his complaint seeking to bar release of the video.
The Times sought the video from the King County Prosecuting Attorney’s Office, which handled the prosecution of the man who assaulted Hairston’s wife. That office has taken a different legal position than city attorneys on disclosing the video, concluding it can be released.
Katie Hairston’s assailant, John M. Ross, who was originally charged with the felony of third-degree assault, pleaded guilty to a reduced charge of fourth-degree assault, a gross misdemeanor.
Court papers say he violently pushed Katie Hairston and punched her in the face.
The incident occurred two months after the police department and U.S. Department of Justice signed a landmark settlement agreement in U.S. District Court intended to address a pattern of an unconstitutional use of force within the department.
Hairston, who joined the police department in 1999, faces up to 364 days in jail and a $5,000 fine if convicted. He was placed on administrative reassignment after the incident and faces a police department internal investigation when the criminal matter is concluded.

Video Critical To Police Brutality Case Still At Issue



NEW HAVEN —— 
The Meriden police officer accused of brutality after being captured on video pushing a handcuffed suspect into a jail cell is fighting to keep the tapes from a federal jury by claiming the department's now-deceased internal affairs investigator may have mishandled the recordings.
Defense attorney Raymond Hassett argued in front of U.S. District Judge Janet Bond Arterton Monday that some police station cameras recorded what happened moments before the 2010 incident between Officer Evan Cossette and the suspect, but that no tapes from those cameras currently exist. 
Additionally, he argued, there is a gap in the recording sequence from when prisoner Pedro Temich was brought into the station through a sally port and when Cossette is seen pushing the suspect into the cell. 
Hassett said it is unclear what happened to the original tapes or why there is a gap of roughly eight to 10 seconds because Sgt. Leonard Caponigro, who was in charge of the internal affairs investigation, never wrote a report on his probe of Cossette's actions. Caponigro died in 2012 just a few months after retiring.
"We don't know how, why or when these tapes were copied,'' Hassett said. "There is no chain of command for the evidence and no police report indicating what was done."
Arterton Monday denied Hassett's motion to preclude the video from being played to the jury. But she did rule that prosecutors will have to call witnesses, including security company employees and a police union representative involved in the Cossette investigation, to explain why there is a gap in the tape before deciding whether the jury will see the recordings.
"If the evidence the government presents doesn't convince me it should be shown to the jury, then it won't be and we will all go home,'' Arterton said.
Caponigro was accused by some officers of going easy on Cossette because Cossette's father, Jeffry Cossette, is the police chief. Caponigro investigated two other allegations of police brutality against Evan Cossette filed after the Temich incident and cleared him both times. He was caught on tape in one instance telling Evan Cossette he was "just going through the motions."
Assistant U.S. Attorney Paul McConnell said federal authorities will have a representative of the security company that maintains the cameras for the police department testify, as well as then-union leader Capt. Patrick Gaynor, who saw the original tapes along with Caponigro. McConnell said Gaynor will testify that the copies are authentic and that there was nothing of significance on the missing tape.
The government also is expected to have the dispatcher who called 911 testify about what she saw on the live video feed, which led her to call an ambulance.
After being pushed by Cossette, Temich fell backward and cracked his head on a concrete bench in the holding cell, knocking him out. The videotape shows Cossette entering the cell several times and moving the injured man around. Emergency personnel eventually arrived and took Temich, who had head injuries, to a local hospital.
Cossette is charged with using unreasonable force and with obstruction of justice, and faces a maximum of 20 years in prison and a $250,000 fine if convicted.
Cossette wrote in his report that he felt threatened by the Temich, who was handcuffed. Hassett said the missing portion of the tape is potentially important because Cossette claims that Temich was abusive to him as they were walking to the cell, which would have been captured on that tape.
In his interview with internal affairs, Cossette said that as he opened the holding cell door, Temich "spun around and invaded my personal space."
"I became fearful that [Temich] was going to continue to be combative and possibly head-butt me or even kick me as he attempted to do at the scene,'' Cossette told Caponigro during the interview.
An internal affairs investigation by Caponigro found that Cossette had used unnecessary force, but at an administrative hearing, Deputy Chief Timothy Topulos overruled Caponigro's findings. Topulos issued a letter of reprimand to Cossette and ordered him to take four hours of training on the subject of excessive force.
The video came to light after fellow Officers Brian Sullivan and Donald Huston wrote a letter to city officials claiming that Cossette was receiving preferential treatment within the department because of nepotism.
The city hired former federal prosecutor Thomas Daily to do an independent investigation and Daily concluded that there was no pattern of brutality by Cossette and no favoritism shown toward him. Daily's report and conclusions cannot be submitted at trial, the judge ruled.
Cossette is on paid administrative leave from the department pending the outcome of the case.
Jury selection is scheduled for May 7, with the trial expected to start on May 28 and last about six days.