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Sheriff Under Attack For Deputy Deaths
Josey1
Member Posts: 9,598 ✭✭
Sheriff Under Attack For Deputy Deaths
Tragedy Becomes Campaign Issue
POSTED: 10:29 a.m. EDT September 8, 2002
UPDATED: 11:41 a.m. EDT September 8, 2002
UPPER MARLBORO, Md. -- The recent shooting deaths of two Prince George's County, Md., deputies have become a key issue in the county sheriff's race.
Cpl. Michael Jackson, the head of the deputies union, is challenging Sheriff Alonzo Black, who is running for a second four-year term. The two are the only candidates in the race, which will go to the winner of Tuesday's primary.
The Washington Post reports that many Prince George's deputies blame the deaths of deputies James Arnaud and Elizabeth Magruder on what they say is a shortage of personnel in the 138-member department.
The two were shot while trying to take a man into custody for a court-ordered psychiatric evaluation.
Jackson said the tragedy might have been averted if a third deputy had been present that night.
Before the deputies' deaths, the union took a vote of no confidence in Black. The sheriff said he is surprised by the vote and that what is needed is more funding, not a change at the top.
http://www.nbc4.com/news/1655202/detail.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Tragedy Becomes Campaign Issue
POSTED: 10:29 a.m. EDT September 8, 2002
UPDATED: 11:41 a.m. EDT September 8, 2002
UPPER MARLBORO, Md. -- The recent shooting deaths of two Prince George's County, Md., deputies have become a key issue in the county sheriff's race.
Cpl. Michael Jackson, the head of the deputies union, is challenging Sheriff Alonzo Black, who is running for a second four-year term. The two are the only candidates in the race, which will go to the winner of Tuesday's primary.
The Washington Post reports that many Prince George's deputies blame the deaths of deputies James Arnaud and Elizabeth Magruder on what they say is a shortage of personnel in the 138-member department.
The two were shot while trying to take a man into custody for a court-ordered psychiatric evaluation.
Jackson said the tragedy might have been averted if a third deputy had been present that night.
Before the deputies' deaths, the union took a vote of no confidence in Black. The sheriff said he is surprised by the vote and that what is needed is more funding, not a change at the top.
http://www.nbc4.com/news/1655202/detail.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
THE ASSOCIATED PRESS
posted 09/08/02
FORT MYERS -- A former Fort Myers police officer, who once ran for Lee County sheriff, was sentenced Friday to two years of house arrest for stealing guns from the department.
Investigators said James Woodby, 61, who had worked in the evidence section since 1997, stole at least 11 guns and sold several at gun shows.
One of the missing guns was related to an unsolved murder case and another was sold for $400 to a police Explorer Scout with the Fort Myers Police Department.
Woodby, who ran unsuccessfully for sheriff in 1988, pleaded guilty in June to dealing in stolen property, grand theft of firearms and official misconduct for stealing the guns from the department's evidence vault.
Fort Myers police Capt. Glenn Johnson testified during the hearing that Woodby tried to cover up his actions by doctoring paperwork to make it appear the guns had been destroyed.
Woodby, who joined the Fort Myers department in 1967, also had served as police chief in Frostburg in Polk County, and as chief of the Lee County Airport Police.
http://www.heraldtribune.com/apps/pbcs.dll/article?Site=SH&Date=20020908&Category=NEWS&ArtNo=209080454&Ref=AR&Profile=1005&SectionCat=NEWS0104
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
The Associated Press
9/9/02 1:21 PM
NEW YORK (AP) -- Jury selection began Monday for the retrial of a former police officer charged in the torture of Abner Louima.
About 250 people were summoned to a Brooklyn courthouse to fill out questionnaires.
Opening statements are set Sept. 23 in the trial of Charles Schwarz, who is accused of violating Louima's civil rights by holding him down while another officer, Justin Volpe, sodomized him with a broken broomstick in 1997.
A jury convicted Schwarz of perjury in July but deadlocked on more serious civil rights charges.
Schwarz has denied being in the bathroom during the assault, which touched off protests alleging widespread abuse of minorities by police. Two previous convictions of Schwarz were thrown out on appeal.
Volpe, who pleaded guilty, is serving a 30-year term.
http://www.nj.com/newsflash/national/index.ssf?/cgi-free/getstory_ssf.cgi?a0584_BC_BRF--PoliceTorture&&news&newsflash-national
Copyright 2002 Associated Press. All rights reserved.
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Investigators: Officer Involved In Traffic Altercation
Posted: 1:55 p.m. MDT September 9, 2002
DENVER -- A police officer was sentenced Monday to a year probation and ordered to undergo anger-management counseling for hitting a teenager while responding to a call.
Bernard Montoya, 50, pleaded guilty Friday to the prohibited use of a weapon, which is a misdemeanor, said district attorney spokeswoman Lynn Kimbrough.
He had faced a felony charge of menacing.
Montoya was in an unmarked squad car when he was involved in a traffic altercation March 6. He allegedly pointed his gun at the other driver before hitting him in the face with his hand, according to court documents.
It was unclear what disciplinary action was taken by the Police Department.
Police spokesman, Detective John White, did not immediately return a phone call seeking clarification.
http://www.thedenverchannel.com/den/news/stories/news-165754820020909-140913.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Bradford charged with felony perjury
By LISA TEACHEY and MATT SCHWARTZ
Copyright 2002 Houston Chronicle
Houston Police Chief C.O. Bradford was indicted Friday on allegations of lying under oath about whether he used foul language with subordinates. Hours later, Mayor Lee Brown suspended the first police chief in Houston in modern times to be charged with a crime.
If convicted, the chief, who also is a lawyer, could face up to 10 years in prison and a fine of up to $10,000.
"Obviously, I'm not happy about it," Brown said. "As you know, we have a good police chief, a good department. ... Chief Bradford will proceed through the process, I'm assuming get himself a lawyer and go to trial and have a chance to tell his side of the story.
"Then it's my hope that he'll come back and continue to be our chief," the mayor continued. "I have confidence in Chief Bradford."
Brown appointed Tim Oettmeier, the city's inspector general and an assistant chief, as acting chief.
Department practice requires that officers who have been indicted be suspended with pay. While Bradford said he cannot be treated differently, he also maintained his innocence.
"I haven't done anything to perjure myself," Bradford said. "There's just no motive for me to go under oath and perjure myself ...
"This is the right thing to do. I need to step aside and allow the citizens of our city, our wonderful police department, to move forward. I'm an individual. I'm not above the law. And I do not want to do anything to impede or taint the reputation of the organization."
A Police Department official said Bradford is believed to be the only Houston police chief to be indicted in office. Former Chief Carroll Lynn, appointed in 1974 to reform the department and improve its image, was indicted after he left office and later sentenced to prison.
The allegation against Bradford stems from a rift between Bradford and suspended Capt. Mark Aguirre, the police supervisor in charge of last month's unrelated raid at a westside Kmart.
Bradford's troubles began with a letter of reprimand, punishing Aguirre for using profane and threatening language toward his subordinates at a supervisory meeting Aug. 21, 2001.
During the meeting Aguirre called supervisors in the South Central patrol division, which he oversees, "sons of bitches" and "lazy bastards," according to the letter of reprimand from Bradford dated Nov. 14, 2001.
Aguirre appealed the reprimand and was granted a hearing before the Civil Service Commission. Bradford testified under oath at that hearing that he had never used profanity with his subordinates.
After contradictory testimony by Assistant Chief J.L. Breshears, Aguirre asked Harris County District Attorney Chuck Rosenthal to investigate whether Bradford committed aggravated perjury, which means he is accused of making a false statement during an official proceeding and that the false statement was material to the proceeding. The case was presented to a grand jury without charges.
The panel voted that the allegation was true, finding that "after being duly sworn, (Bradford) did, under oath, make a false statement ... that he had not called subordinates names in meetings, whereas in truth and in fact in a meeting on or about November 3, 2000, (Bradford) called subordinates `mother
' and (Bradford) did make the statement with knowledge of the statement's meaning and with intent to deceive ... "
Prosecutor Don Smyth, who heads Rosenthal's Governmental Affairs Bureau, said holding a high-ranking officer under the microscope is not an easy task. But Smyth added that if he can prove beyond a reasonable doubt that the chief committed perjury "then he will be convicted."
"It's a tough case to take any case to a grand jury involving allegations that your police department, the guys that you pay to protect you and serve you and put their life on the line for you, does any kind of criminal wrongdoing," Smyth said. "Just because it's a chief of police doesn't make it any less of a tugging at your heartstrings."
Bradford must post $5,000 bail on the charge, which is a third-degree felony. County records indicated the bond was posted by Bradford sometime Friday.
Rosenthal said Bradford was allowed to turn himself in without being arrested, as is typical in most white collar crimes and public integrity cases.
"He has to give fingerprints, everything else just like everybody else," Rosenthal said.
Smyth will handle the case but will report directly to Rosenthal, who will ultimately decide what recommendations to make in the case and will approve whether a plea bargain should be offered.
The case was randomly assigned to Judge Brian Rains in the 176th State District Court. Bradford's first court date could be within a week.
Rosenthal said he has not talked to Bradford or his attorneys.
"We'll be open to any suggestions his attorneys make." Rosenthal said. "And we'll consider everything in this case. The earmarks of this case look to me like it will have to be resolved by a trial. Certainly if we can resolve it by something other than trial that's fine with me."
The city will not provide a lawyer for Bradford's defense.
Legal Department policy forbids offering legal counsel to city employees charged with crimes, said First Assistant City Attorney Susan Taylor. Doing so would be tantamount to using public funds to provide a gift to someone facing a private matter, she said.
Oettmeier does not expect a difficult adjustment, saying he has attended most of the command staff meetings and is familiar with issues surrounding the department.
Oettmeier, a 29-year department veteran, has been an assistant chief heading the Office of Inspector General since 1998, when it was established by Mayor Brown. Brown created the department to investigate allegations of employee misconduct, both criminal and administrative.
Chronicle reporter Roma Khanna contributed to this story.
http://www.chron.com/cs/CDA/story.hts/topstory2/1564873
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Indictment causes dismay, calls for resignation
By MATT SCHWARTZ and ROMA KHANNA
Copyright 2002 Houston Chronicle
Police and politicians expressed dismay Friday over Houston Police Chief C.O. Bradford's perjury indictment, with several suggesting he give up his job as the city's top cop even before his case is tried.
And while the indictment handed up Friday is unrelated to the flap over the mass arrests last month of people at restaurant and retail parking lots, several said the charge against Bradford irreparably colors that case as well.
"I think this indictment will reflect badly on all of us, but certainly should undermine his ability to run his department. And that's a concern," said City Councilwoman Annise Parker, who also noted Bradford's "admirable" stewardship of the department overall.
Bradford was accused of perjury by Capt. Mark Aguirre, the officer who later took charge of the so-called Kmart raids. Aguirre had been reprimanded for using profane and threatening language toward subordinates. At Aguirre's disciplinary hearing in May, Bradford testified under oath that he had never used such language with his subordinates.
Bradford was later contradicted by Assistant Chief J.L. Breshears, who testified that the chief had called him a profane name during a meeting.
The grand jury indictment cites that disciplinary hearing as the basis for the perjury charge against the chief.
Mayor Lee Brown on Friday relieved Bradford of duty, with pay, pending the outcome of his trial.
The lawyer for Aguirre, who is suspended for his actions in the Kmart raids, said Bradford's indictment should cause his client to be reinstated to the force immediately.
"There is a cloud over the entire police department when the highest-ranking officer is indicted for perjury," attorney Terry W. Yates said. "Captain Aguirre feels the indictment validates what he has said all along -- that the chief lied and that the chief has been biased against him."
The indictment also prompted some City Council members to renew calls for an independent investigation of the Kmart incident, a botched raid that resulted in the arrests of 273 people for trespassing on a west Houston strip center parking lot last month.
"I think everybody just wants to get to the truth," Councilman Mark Ellis said. "I think there has to be a full investigation into the relationship between the captain and the chief. I think the incident that occurred at the Kmart, I think we're at the tip of the iceberg."
Aguirre is under a department order not to talk about the raid, the subsequent investigation or his suspension. But his supporters, including siblings, say his suspension by Bradford was the result of a personal vendetta.
Meanwhile, controversy over the mass arrests outside a 24-hour Kmart and Sonic Drive-In has continued to swirl around both Aguirre and Bradford.
During two hours of questions by City Council last week, Bradford disavowed the Kmart raid, saying he was embarrassed by the mass arrests, and suggesting that officers should have disobeyed orders to take everyone into custody.
The chief has suspended 13 supervisors, including Aguirre, who were present at the raid in the 8400 block of Westheimer.
The raid is the subject of a $100 million lawsuit by one of those arrested and is the focus of an investigation by the police department's internal affairs division.
"The problem has been that IAD reports directly to Bradford, who is biased, and has been signing off on orders that affect my client," Yates said. "Now, the grand jury has validated our contention that it was not fair."
Yates said he would ask acting Chief Tim Oettmeier, who was installed in Bradford's place by Brown on Friday afternoon, to review all of Bradford's decisions on the investigation, including Aguirre's suspension.
News of Bradford's indictment caught council members by surprise but appeared to generate little sympathy among rank and file police officers.
"Using foul language, that's a minor thing," said one officer, who requested anonymity. "And if you lie about that, I'm sure the grand jury was wondering what major stuff has he lied about. If 12 people say he said it, and he says, `I didn't say it' -- what did he have, an aneurysm?"
A sergeant, who asked not to be identified, said the grand jury had little choice but to indict Bradford.
"If other witnesses testified he said that, how could the grand jury come up with anything else?" he said. "Whether or not (Bradford) gets convicted is another story."
If convicted, Bradford could face the loss of his license as a certified Texas peace officer.
"We will open a case and follow it, and if he is convicted, we can take action against his license," said Charles Barrett, an investigator with the Texas Commission on Law Enforcement Officer Standards and Education, the state licensing agency for police officers.
Hans Marticiuc, president of the Houston Police Officers Union, applauded the decision to name an interim chief.
"We need to make sure the reputation of the department is not damaged any further," he said. "We have 5,400 officers looking for leadership, and with these questions swirling around him, there is no way their chief could provide it at this time."
Councilman Michael Berry called for Bradford to resign, saying the indictment would undermine public confidence in the police department.
For his part, Brown, a former Houston police chief, expressed confidence in Bradford.
"Obviously, I'm not happy about it," Brown said. Asked how confident he was that chief would be acquitted, Brown said, "I have confidence in Chief Bradford as a man of integrity. I believe in the system that we operate under, that a person is innocent until proven guilty. And I look forward to his coming back and assuming his position as police chief after the trial."
Chronicle reporter Peggy O'Hare contributed to this story.
http://www.chron.com/cs/CDA/story.hts/metropolitan/1564824
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878