Police earning the hate

Posts: 7963
Joined: Wed Mar 25, 2015 6:08 pm
Location: Nullius in verba

Police earning the hate

Postby Shyster » Mon Apr 05, 2021 7:15 pm

Iowa to pay $225,000 to settle lawsuit over trooper's force, kneeling on man's neck
https://www.thegazette.com/subject/news ... t-20210405
Iowa will pay $225,000 to settle a lawsuit filed by a man who was injured when a state trooper knocked him over and put his knee on his neck during a 2017 traffic stop, according to documents released Monday.

The payment to Bryce Yakish ends a lawsuit he filed against the state and former Iowa State Patrol trooper Robert Smith in 2019, months after a sheriff released dash camera video of the arrest. The lawsuit alleged that Smith assaulted and falsely arrested Yakish, lying about what happened.

The case also prompted scrutiny into other allegations of misconduct against Smith, who left the patrol in 2018 after a 30-year career. He was later hired as an officer in the small town of Durant, but resigned after the video’s release. Smith was also accused of using excessive force against a woman during an arrest in Durant.

Cedar County Sheriff Warren Wethington released the video in 2019 after announcing that he would no longer book any suspects arrested by Smith at his jail because he could not vouch for the officer’s credibility. Prosecutors also dismissed several cases brought by Smith, saying he was no longer a credible witness.

Wethington said Monday that federal agents contacted him during an investigation of Smith, and that the inquiry appears to remain open. Federal court documents show a grand jury has been investigating allegations of civil rights violations against an unidentified trooper.

One of Yakish’s attorneys, Martin Diaz, said the state produced Smith’s personnel file during the litigation but declined to comment on its contents, saying they are subject to a confidentiality order.

Diaz praised the state for settling the case.

“I think the behavior of the trooper in this case was so over the top that we just didn’t get the pushback we normally would,” he said. “The state recognized it had a problem and I think the resolution is a good one.”

The video shows Smith pulling Yakish over for speeding on his motorcycle on Sept. 25, 2017, at a gas station off Interstate 80 near West Liberty. What appears to be a routine stop escalates immediately when Smith runs from his car with his gun drawn and pointed at Yakish, who was 20 at the time.

Smith uses his left hand to strike the face shield of Yakish’s helmet, knocking him backward onto his motorcycle. Yakish and the vehicle fall to the ground. Smith briefly puts his knee on Yakish’s neck while handcuffing him, the lawsuit alleged. Yakish is repeatedly heard complaining of neck pain.

Smith falsely accused Yakish of trying to flee and charged him with eluding law enforcement, even though Yakish stopped immediately after Smith activated his patrol car’s lights and siren. That charge was dropped after a prosecutor reviewed the video and concluded it was baseless.

Yakish lost his license because of the arrest, his motorcycle was impounded and he spent the night in jail. The lawsuit said a chiropractor later treated him for neck pain.

The Iowa Attorney General’s Office represented Smith because he was on duty at the time, and the State Appeal Board last month approved using general tax funds for the $225,000 payout.

Posts: 7963
Joined: Wed Mar 25, 2015 6:08 pm
Location: Nullius in verba

Police earning the hate

Postby Shyster » Wed Apr 07, 2021 6:33 pm

A Detective Was Accused of Lying. Now 90 Convictions May Be Erased.
https://www.nytimes.com/2021/04/06/nyre ... tions.html
Over nearly two decades as a police officer and narcotics detective, Joseph E. Franco made thousands of arrests, many for the possession and sale of drugs. Mr. Franco often worked undercover, and his testimony secured convictions for prosecutors around the city.

But officials who once relied on Mr. Franco are questioning his accounts. After he was accused of lying about drug sales that videos showed never happened, Mr. Franco was charged with perjury in Manhattan in 2019.

Now, the fallout over Mr. Franco’s police work is spreading: As many as 90 convictions that he helped secure in Brooklyn will be thrown out, prosecutors plan to announce Wednesday. Many more cases in other boroughs could follow—a reckoning that lawyers said appears larger than any in the city’s legal system in recent history.

On Wednesday, the Brooklyn district attorney, Eric Gonzalez, will ask judges to dismiss years-old drug cases in which Mr. Franco served as a crucial witness. The office did not uncover new evidence of possible misconduct—and none of the people involved still remain behind bars. But Mr. Gonzalez said he had lost faith in Mr. Franco’s credibility.

“We’re in a moment of talking about criminal justice reform,” Mr. Gonzalez said in an interview this week. “It’s clear that we couldn’t responsibly rely on his testimony to stand by these convictions.”

The move represents one of the largest dismissals of convictions in the state over concerns about official misconduct, and comes amid a heightened national conversation about holding police accountable and curbing abuses among officers. In New York City, legislators recently made it easier to sue officers for conducting illegal searches or using excessive force.

Mr. Franco was charged in 2019 with 26 criminal counts, including perjury and official misconduct, after investigators in the Manhattan district attorney’s office said that he had testified to witnessing several drug buys that video footage showed did not happen or that he could not have seen.

Posts: 7963
Joined: Wed Mar 25, 2015 6:08 pm
Location: Nullius in verba

Police earning the hate

Postby Shyster » Wed Apr 07, 2021 6:36 pm

LAPD video shows Black man arrested at his home during search for white suspect
https://www.latimes.com/california/stor ... -a-suspect
Newly released video from a Los Angeles police officer’s body camera shows two officers grappling with and arresting a Black man outside his Hollywood home as they responded to reports of a domestic violence incident in which the suspect was the white boyfriend of a neighbor.

A federal magistrate ordered the public disclosure of the video Friday as part of a lawsuit alleging racial profiling and civil rights violations brought by music producer Antone Austin, known as Tone Stackz, who was arrested in May 2019 despite not being the suspect in a domestic violence call. Austin and his girlfriend Michelle Michlewicz were taken into custody for resisting arrest.

The Los Angeles City Attorney’s office had said in a court filing that it did not want the Los Angeles Police Department video released publicly because it would “be contrary to LAPD policy and may have a chilling effect on future LAPD investigations.” However, U.S. Magistrate Jacqueline Chooljian agreed with an attorney for the producer and his girlfriend that the 11-minute video should be released.

The video footage shows the two being physically detained by officers as they proclaim Austin’s innocence. But it begins with an unusual admission that the officers weren’t sure Austin was the man cited in the domestic violence call.

As their patrol car makes a U-turn after passing Austin, one officer asks the other, “This dude?”

“Probably,” says the partner on the May 24, 2019, recording. The officers were responding to a 911 call made by Austin’s neighbor about her ex-boyfriend, who was white; no description of the suspect is given in the call.

The officers see Austin as he was taking out the trash in front of his Fountain Avenue apartment; he smiles at the officers as they approach. The officers tell him to turn around. He asks why, and the officer snaps back, “Because I told you to.” Austin informs the officer he lives there, and the officer says, “OK, man, I don’t know who I am looking for.”

The officer asks Austin, “What is your problem?” As Austin attempts to turn back toward them, they become physical, grappling with him and placing his arms behind his back. Austin begins to yell “Help” repeatedly.

“You’re looking for the people upstairs,” Austin protests as the officers attempt to handcuff him behind his back.

The video then shows Michlewicz attempting to intervene. She can be heard saying, “What is happening?” while she attempts to hold onto Austin as the officers pull him away from her. At one point, her robe comes off, and she is briefly naked on the street. She is eventually pushed to the ground.

Handcuffed, Austin continues to try to explain to the officers that they have the wrong person. “My rights have been violated,” he says. His girlfriend says, “I just got tackled to the ground.”

Both were arrested.

“It is racial profiling. They had no description of the suspect — a completely blank slate,” said attorney Faisal Gill, who represents both of them in the civil rights lawsuit. “They literally saw the first Black man, and they arrested him.”

Posts: 12808
Joined: Wed Mar 25, 2015 2:58 pm
Location: Gamehendge

Police earning the hate

Postby MR25 » Fri Apr 09, 2021 7:51 pm

The serviceman was pulled over because the cops claimed to not see his temporary plates. Apparently, that necessitates drawing guns and pepper spraying the driver.

Posts: 1578
Joined: Mon Apr 24, 2017 4:21 pm

Police earning the hate

Postby Ad@m » Sun Apr 11, 2021 8:41 am

A Boston patrol cop allegedly abused a 12-year-old in 1995. Last year the victim reported that his daughter was abused by the same cop, who kept his badge despite an investigation finding he likely committed the crime.

https://www.yahoo.com/news/boston-patro ... 51462.html
The Boston Police Department knew its union leader had previous allegations of sexual assault against a minor before a man and his daughter went to a police station last summer to report she had been molested, the Boston Globe reported.

In 1995, the father had also alleged Patrick M. Rose Sr. assaulted him when he was 12 years old. The police department at the time filed a criminal complaint against Rose and investigated the accusations. They found that it was likely that Rose had committed a crime.

The boy was reportedly pressured to recant his story and the criminal investigation was dropped in 1996, but a police internal affairs investigation continued and found that Rose broke the law.

Additionally, court records showed that after the criminal case was dropped, Rose's abuse of the boy continued and also "escalated," but the department has not said what disciplinary action if any was taken.

Despite this, he was still able to keep his badge and work as a patrolman for 21 more years, and also served as the head of the Boston Police Patrolmen's Association from 2014 until he retired in 2018, the Globe reported.

Rose was arrested in August of last year after the daughter's allegations. Since then, five more people have come forward with allegations against him.

Mass Live reported last August that the girl, now 14, alleged she was repeatedly assaulted by Rose between the ages of 7 and 12.

He's now in jail and faces 33 counts of sexual abuse. The six victims range from 7 to 16 years old.

Three of the victims who came forward said Rose assaulted them in the 1990s and another said the assault took place in recent years, Mass Live reported.

"My client maintains his innocence to all of the charges that have been brought against him and he maintains his innocence to what was alleged to have transpired back in 1995," his attorney, William J. Keefe, told the Globe.

The Boston Police Department did not reply to Insider's request for comment at the time of publication.

The Globe learned that despite the known allegations and internal review results, Rose was still allowed contact with children in his role, in some cases being dispatched to assist minors in sexual assault cases.

In 1999 he was sent to help a 14-year-old girl who called police crying, reporting that she'd been raped. He was also the arresting officer in a 2006 child sex assault case.

"What we're describing here is an example of an institutional and systemic failure," former Boston police lieutenant Tom Nolan told the Globe. "The department had a responsibility to ensure that this individual was no longer employed in the ranks of the Boston Police Department."

Rose is currently being held in the Berkshire County Jail on $200,000 cash bail.

Pavel Bure
Posts: 5177
Joined: Wed Mar 25, 2015 8:57 pm

Police earning the hate

Postby Pavel Bure » Mon Apr 12, 2021 7:14 am

The serviceman was pulled over because the cops claimed to not see his temporary plates. Apparently, that necessitates drawing guns and pepper spraying the driver.
My stomach turned when they issued the keep your hands out of the window and take your seatbelt off commands in the same breath. Thank goodness he had the sense to not take a hand out of view to undo that belt.

Who is online

Users browsing this forum: No registered users and 26 guests