Home / Misconduct
by TChris
In a location as large as Orange County, one might expect law enforcement officers to be well-trained professionals. Instead, the Sheriff has been handing out badges and guns to his buddies and political supporters.
Shortly after he took office, Orange County Sheriff Michael S. Carona and one of his top assistants deputized 86 friends, relatives, political contributors and others, giving them badges, powers of arrest and in some cases guns — despite the fact that none had background investigations and some had not been fully trained.
Although the state's Commission on Peace Officers Standards and Training eventually decided not to recognize any of the 86 reserve deputies as legitimate peace officers, 56 still have their badges and ID cards. Some of the 86 were clearly unqualified.
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by TChris
TalkLeft lamented -- here and here -- the use of pepper spray projectiles as crowd control devices after a woman, cheering on the Boston Red Sox, died when a pellet struck her eye. A panel investigating the death faults the police officer who fired the errant shot, but also places blame on the department's decision to buy the pellet guns for crowd control.
As to the officer:
"Officer Milien failed to take sufficiently into account that he was shooting at a moving target in the midst of a crowd and that a missed shot could easily strike a bystander," the report said.
As to the department:
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by TChris
Nine deputies of the LA Sheriff's Department issued a rare apology for their use of excessive force against an unarmed man in Compton. TalkLeft discussed the shooting spree here.
Sheriff Lee Baca said he could not recall any other law enforcement officers in Los Angeles delivering mea culpas for a controversial police action. "When have you ever had a peace officer come out … and say, 'I'm concerned. I have a sense of feeling about this. I want you to know I don't feel good about this,' " Baca said. "This has never happened in this county and this speaks well for the integrity of these deputies."
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In an Arizona federal court yesterday, 11 law enforcement agents caught up in the FBI cocaine sting we wrote about here, offically pleaded guilty. They were all granted bond pending sentencing. In an amazing display of arrogance, the wife of the nabbed INS Agent said,
"I think that the FBI should get the real drug dealers out there not just come and find all the innocent people to bribe them," said Kim Castillo.
Flash to Mrs Castillo: Your husband pleaded guilty. He admitted he took bribes to let cocaine come into the country. He's no longer innocent. Practice a little remorse or you'll both be sorry come sentencing day. There's no difference between the guy who loads or drives the truck and the agent who takes a bribe to let it proceed onto the streets. In fact, your husband is more culpable because he abused his position of trust.
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A Colorado drug task force agent is under investigation for having sex with his informant. Did he think she was a job perk?
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The FBI announced today that criminal charges are being filed against 16 current and former U.S. soldiers, cops, prison guards and an INS agent who allowed 1,230 pounds of cocaine to get through Arizona checkpoints and accepted more than $222,000 in bribes. It was a sting operation conducted by the FBI for the past three and a half years. The drugs they used were drugs seized in other raids, and none of the drugs made it to the street.
Those charged include a former Immigration and Naturalization Service inspector, a former Army sergeant, a former federal prison guard, current and former members of the Arizona Army National Guard and the state corrections department, and a Nogales police officer, officials said.
None have been arrested. All are going to plead guilty. Talk about a sweet deal....the Government charged them only with a conspiracy to commit bribery and extortion offense that carries a maximum penalty of five years. Since drug counts (and conspiracy to commit drug crimes) carry a maximum of 20 years, and have mandatory minimum penalties, these guys got quite a break.
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In an opinion written by Bush recess appointee William Pryor, the 11th Circuit Court of Appeals has upheld a murder conviction against a defendant notwithstanding findings that prosecutor Nancy Grace "played fast and loose" with the rules.
Monday's decision by the 11th U.S. Circuit Court of Appeals upheld a triple murder conviction won by Grace, explaining that her actions didn't change the result of the trial. It is the third time appellate courts have admonished Grace for her conduct as a prosecutor in Georgia. Grace served as an assistant district attorney in Fulton from 1987 to 1996, leaving that year to join Court TV as a commentator.
The three-judge panel on Monday criticized Grace for not following her obligations to disclose to the defendant's lawyer information about other possible suspects. The 11th Circuit also agreed with a magistrate who found it hard to believe that Grace did not knowingly use a detective's false testimony that there were no other suspects.
What kind of message does this send to prosecutors other than you can break the rules and get away with it?
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by TChris
Early Ray Bryant, a 63-year-old retired truck driver, had words with a security guard who allegedly made a nasty remark about Bryant's wife over a CB radio. Bryant called the Williamsburg police, an action he no doubt regretted after Officer Brad Nighbert arrived.
Bryant said that when police responded, Nighbert, without reason, hit him from behind with a nightstick and threw him to the ground, injuring him, and that two other officers did not intervene. Nighbert falsely arrested him to cover up the assault and refused to get him medical treatment, Bryant claimed. The charges were later dismissed.
A jury accepted Bryant's account of the attack and found that Nighbert used excessive force against him, in violation of his civil rights. The jury awarded $25,000 to Bryant and $10,000 to his wife. Bryant's attorneys will seek an award of fees for their successful representation of Bryant.
Nighbert seems to be a problem for the Williamsburg police department.
In two other pending federal lawsuits, Nighbert is accused -- alone in one case, and with other officers in the other -- of assaulting a juvenile who had mental problems and a man who suffered from schizophrenia in 2004, injuring both of them.
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Gwinnett County (Georgia) DA Danny Porter has questions to ask the runaway bride before deciding she should not face criminal charges, but he's doesn't think Georgia sheriff deputies who tasered a handcuffed and foot-bound arrestee five times in 60 seconds should be charged, even though the prisoner died at the scene.
Wizbang has a link to the police video of the Georgia deputies tasering Frederick Williams, and writes:
Frederick Williams last words as he was carried into the Gwinnett County jail were, "Don't kill me, man. Don't kill me." It turned out to be an unheeded plea - minutes later he was dead after receiving 5 direct stuns from a Taser gun in the span of 60 seconds.
A sheriff's department investigation found the deputies acted properly. A police investigation also cleared them of criminal liability. The grand jury refused to view the video and declined to recommend indictment for the deputies. The D.A. says this ends his case, although Wizbang notes the DA declined to prosecute the officers before he sent it to the grand jury.
Be sure to listen for the line, "Do you want another one?" from one of the deputies,
The Atlanta Journal Constitution has more. [hat tip: Balloon Juice.]
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by TChris
St. Louis police officer Reginald Williams' career as a "renegade cop" has ended with federal convictions for civil rights violations arising out of a false arrest.
The arrest, during a traffic stop on July 5, 2002, turned frightening when Williams punched [Michael Banks]in the stomach, and later took him into a darkened room and threatened to "lock me up and throw away the key," Banks said.
After Williams pulled Banks over, he reached into Banks' pocket and found cash that Banks had just withdrawn from his credit union. Williams accused Banks of earning the money through drug sales. Williams reported that Banks had cocaine in the car, but the cocaine "mysteriously disappeared." So did Banks' cash, which wasn't mentioned in Williams' report.
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Jurors, take note. Cameras are everywhere. Today you sit in judgment, tomorrow you may become the accused. Hopefully, this is an aberration.
The juror in the Prince William County murder trial swore to the judge that she had not bought any newspapers. The defense attorney swore that she had. T
Then came the videotape.
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by TChris
US District Judge Mark L. Wolf, like many others, is hoping he's seen the last of misconduct perpetrated by federal prosecutors. In particular, Judge Wolf is fed up after reviewing "a series of related cases that have demonstrated extraordinary misconduct by the Department of Justice in its investigation and prosecution of members of the Patriarca family of La Cosa Nostra."
Judge Wolf concluded that prosecutors withheld evidence during plea negotiations with Vincent Ferrara, who was sentenced to 22 years in 1992. Ferrara pled guilty to ordering the murder of Vincent "Jimmy" Limoli, among other charges.
Immediately after the plea, Ferrara told probation officials that he hadn't ordered Limoli's murder, but felt he was in an untenable position. If he maintained his innocence at trial and a jury convicted him anyway, Ferrara figured, he would be sent to prison for life, according to Wolf's decision.
Prosecutors were able to place Ferrara in that position by failing to disclose "that a key witness for the government had tried to recant his allegation that Ferrara ordered the slaying." The witness eventually admitted that prosecutors "coerced him into sticking to his story."
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