Newton cop exposed himself to young male drivers during stops, complaint says

By Ben Horowitz | NJ Advance Media for NJ.com 
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on November 17, 2014 at 5:35 PM, updated November 18, 2014 at 7:12 AM

NEWTON — A Newton police officer was arrested Monday on accusations that he unzipped his pants and exposed himself to young male drivers during "numerous" traffic stops.

Jason R. Miller, 37, of Hampton Township, a patrolman since 2001, turned himself in at the Sussex County Prosecutor's Office and has been indefinitely suspended without pay pending the outcome of the criminal case, according to a statement issued by Sussex County Prosecutor Francis Koch and Newton Police Chief Michael Richards.

Miller was charged with two counts of official misconduct, one count of a pattern of official misconduct and one count of lewdness, the statement said.

Miller would expose his genitals to motorists "to satisfy his prurient interests" and then let them leave without issuing traffic summonses, according to a police complaint.

The incidents occurred between March 18 and Oct. 23 of this year, the complaint says.

Superior Court Judge Thomas Critchley set bail at $35,000 with a 10 percent option and the condition that Miller surrender all firearms, the prosecutor's statement said. Miller posted the bail, the statement added.

The statement said Newton police received an anonymous tip on Oct. 23 reporting an allegation of misconduct by Miller and then another anonymous message on Oct. 24.

Based on the information, "an immediate investigation ensued" and following a review of patrol car video recordings and interviews, Miller was suspended on Oct. 28, the statement said.

An affidavit signed by Capt. Donald Peter of the Sussex County Prosecutor's Office detailed what appeared to be a pattern of behavior by Miller during several traffic stops.

The investigation took officers back to March 18, when Miller stopped a 26-year-old male who was driving 16 miles per hour over the speed limit and acknowledged on an audio recording that he had consumed alcohol, Peter said in his affidavit.

While Officer Miller was in his patrol car and after his initial interaction with the man he stopped, "you can hear what appears to be the sound of a zipper opening and/or closing," Peter said.

"Officer Miller did not issue any motor vehicle summonses, nor investigate (the man) for driving while intoxicated, despite the driver's admission to consuming alcohol and coming directly from a bar," Peter said.

On Oct. 23, Miller stopped a 22-year-old male who was leaving O'Reilly's Pub sometime after midnight and the young man noticed the officer's zipper was down and his genitals were exposed, Peter said in his affidavit. The young man said Miller asked him several times where he was going and where he lived, and that made him "uncomfortable."

During a review of the video recording of the interview, "it appears that Officer Miller's zipper is open" and his genitals were visible, Peter said. The young man drove home and was not issued a ticket, Peter said.

Miller's attorney, Anthony Iacullo, said his client is innocent.

"Officer Miller is an excellent officer who vehemently denies these allegations, as they are false and baseless," Iacullo said in a statement. "We are confident that when this matter is heard in a court of law, Mr. Miller will be exonerated of all the charges."

Anyone with further information is asked to contact the Sussex County Prosecutor's Office at 973-383-1570.

Ben Horowitz may be reached at bhorowitz@njadvancemedia.com. Follow him on Twitter @HorowitzBen. Find NJ.com on Facebook.

http://www.nj.com/sussex-county/index.ssf/2014/11/newton_cop_accused_of_exposing_himself_to_male_motorists_during_traffic_stops.html

New Orleans police routinely ignored rape cases, scathing report finds

Police chief ‘deeply disturbed’ by allegations that five detectives failed to investigate properly more than 1,000 cases of sex crimes and child abuse

Associated Press in New Orleans

Thursday 13 November 2014 09.25 EST

In the latest blow to New Orleans’ troubled police department, a city inspector general’s report claims five detectives failed to do substantial investigation of more than 1,000 cases of sex crimes and child abuse — with one detective being cited for stating a belief that simple rape should not be considered a crime.

The report, released Wednesday, examined the detectives’ work between January 2011 and December 2013. It found the detectives filed follow-up reports for only 179 out of 1,290 sex crime cases. In particular, the report found that some cases of potentially abused children and rape victims went completely uninvestigated.

Police officials said the detectives have been transferred to patrol duty and are under further investigation. The police also said two supervisors who oversaw the detectives have been transferred.

Police superintendent Michael Harrison said he was “deeply disturbed” by the allegations. Harrison, who took over the force when former chief Ronal Serpas retired earlier this year, vowed Wednesday to make widespread changes in the department to rebuild community trust.

The US Justice Department previously investigated the scandal-plagued police force and in 2012 the city agreed to a host of changes in its policies. Among the federal probe’s major findings were that the police force was rife with corruption and had numerous instances of excessive use of deadly force, discrimination and problems with its sex crimes unit. A federal monitor is overseeing compliance.

The latest city report charged that a detective handling child abuse failed to investigate a case involving a three-year-old brought to an emergency room due to an alleged sexual assault, closing the case without any charges even though the child had a sexually transmitted disease. The same detective closed the book with minimal or no investigation, and again with no charges, on two cases involving children brought to the emergency room with fractured skulls, the report said.

Another detective, this one assigned to handle sex crimes, allegedly told several people that simple rape should not be considered a crime, the report charged. Simple rape happens when a person has sex with someone without their consent.

This same detective handled 11 simple rape cases and five of those cases saw no follow-up reports and one case had no initial report, inspectors found. The same detective said no DNA evidence existed for one alleged rapecase, but that was contradicted by Louisiana state police, the report said.

Two of the detectives are also accused of writing six reports — on the same day in 2013— to make it appear that they had done follow-up reports years before for the old cases, the report said. In fact, the report said, those documents were written only after inspectors asked for the missing reports.

“These revelations suggest an indifference to our citizens that shouldn’t be tolerated,” said Ed Quatrevaux, the city’s inspector general.

Harrison said the five detectives could face criminal charges and be fired, pending an internal investigation.

In its findings, the report said the detectives classified 65 percent of the cases they received as “miscellaneous,” for which no report at all was written.

Of the remaining 450 cases, the detectives followed up on only 179 cases and 105 of those were handed over to prosecutors, who in turn prosecuted 74 of those cases.

The report called on police to fully investigate the 271 cases that the detectives failed to properly check into. Officials said much has been done to correct the detectives’ poor work — including follow-up on neglected cases and ensuring that 15 children left in potential danger got the help they needed to ensure their safety.

http://www.theguardian.com/us-news/2014/nov/13/new-orleans-police-routinely-ignored-cases-report-finds

Cop accused of using stolen heroin with felon

Mike Donoghue, The Burlington (Vt.) Free Press1:17 p.m. EST November 13, 2014

BURLINGTON, Vt. — A veteran police officer, whom officials say used stolen heroin for a year with a convicted felon, needs care in a residential drug-treatment facility immediately, attorneys and a federal judge agreed during a court hearing Wednesday.

Suspended Detective Cpl. Tyler Kinney was led into federal court in Burlington with his hands cuffed behind him for a brief appearance before Magistrate Judge John Conroy.

"You appear to be in desperate need of intervention," Conroy told Kinney. The judge made the remark after hearing comments from Assistant U.S. Attorney William Darrow and defense lawyer John Pacht and reviewing public court records and a private report from the pretrial-services office.

Conroy agreed to postpone the initial hearing until 2 p.m. Friday to see if a bed can be located. Until Friday, Kinney will remain in custody. Kinney did not enter a plea, as is typical for initial appearances in federal court.

Kinney is charged with distributing heroin Nov. 1 and stealing a .38-caliber revolver from the Colchester Police Department's evidence room and giving the handgun to a convicted felon, court records state.

Kinney admitted to investigators he has used opiates for about one year and "was attempting to recover from opiate addiction," a court affidavit stated.

Kinney's arrest Monday places countless criminal cases in jeopardy because he was in charge of evidence storage and associated record-keeping, Chittenden County State's Attorney T.J. Donovan said.

Court hearings

The fourth floor courtroom at U.S. District Court was nearly full with family, friends, journalists, employees of various federal government offices, federal agents and other observers Wednesday afternoon. Kinney wore an untucked button-up shirt and jeans during his brief proceeding. His wife watched from the gallery, her hands clasped in her lap.

Kinney's case began to unfold following an unrelated drug search of a home by Burlington police at about 6 a.m. Monday.

Police arrested Peter M. Burnett, 25, on suspicion of being a convicted felon in possession of handgun — the revolver stolen from the Colchester police evidence room.

Burnett appeared briefly in the same courtroom ahead of Kinney. He was released on his own recognizance and conditions requiring him to have no contact with Kinney and to avoid using alcohol and drugs. He and his lawyer, Frank Twarog, declined comment.

Burnett has about two dozen criminal convictions, including at least two felony unlawful-mischief cases that resulted in more than $1,000 in damage in Chittenden County, Vermont Superior Court records show.

Under federal law, convicted felons are prohibited from possessing firearms.

Special Agent Matthew Ekstrom of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, who is working with Burlington police on the investigation, filed affidavits outlining the cases against Kinney and Burnett.

The Burlington police search at Burnett's home Monday turned up the .38-caliber handgun under the dresser in his bedroom, the affidavit stated.

Burnett, who said he was given the gun for protection, said he had the weapon while sleeping in bed Monday, but when he heard police trying to enter his home he wrapped it up in a T-shirt and tried to hide the gun.

Kinney was arrested later that day.

As the Burlington police investigation unfolded throughout the day Monday and grew to include federal authorities, law enforcement discovered that drugs also were missing from the secure evidence room, which Kinney was assigned to control.

New details

ATF Agent Ekstrom's two affidavits offered new details in the case:

Speaking with police after they found the revolver, Burnett said he received the firearm from Kinney, a 12-year police veteran. Burnett said Colchester police had had him about a year ago.

"Burnett stated that the two men developed a friendship, which evolved into them using heroin together. Burnett had obtained heroin for himself and Kinney to use. Also, Burnett said, Kinney obtained heroin for both of them to use," Ekstrom wrote.

Burnett said Kinney reported that he took items out of the Colchester police evidence room for both men to use.

Burnett said Kinney gave him pure heroin, which was used to train police canines. Kinney also discussed with Burnett the possibility of selling methamphetamine the detective would supply in order to obtain heroin, the ATF agent wrote.

Ekstrom wrote that Kinney confessed when police questioned him Monday night.

Kinney admitted to investigators he took some prescription medications that Colchester residents had turned in during the voluntary drug-take-back campaigns and from a drop-off box in the lobby of the Colchester Police Department, the affidavit stated.

Kinney told investigators they could find some drugs in the trunk of his Colchester police cruiser, and a search uncovered about 1.5 grams of heroin in a plastic baggie in the center console, Ekstrom stated.

Colchester Police Chief Jennifer Morrison called the incident the "darkest day" in the nearly 50-year history of her department.

Gov. Peter Shumlin, speaking at a news conference Wednesday in Montpelier, said the Colchester case shows that addiction affects people in all professions and life situations.

"This is a terrible, terrible disease," Shumlin said. "It makes folks do things that they would never otherwise do."

The governor added: "My heart goes out to law enforcement in Colchester, who are doing a great job," and also to the people of Colchester.

Pacht said Kinney, who has been jailed without bail since Monday night, is trying to move forward.

"He is doing what he needs to do. This is a very difficult time," the veteran defense attorney said.

Darrow said the government sought to detain Kinney "only until the defense can find a residential drug-treatment center." He noted the serious nature of the crime, which carries a minimum 10-year sentence.

He said that Kinney was unable to provide a drug test Wednesday, but his level of addiction was outlined in court papers.

Contributing: Free Press reporters April Burbank and Elizabeth Murray

http://www.usatoday.com/story/news/nation/2014/11/13/cop-gun-drug-charges-felon/18971761/

Sturgis police officer charged with being 'super drunk,' given 2-week suspension

By Rex Hall Jr. | rhall2@mlive.com 
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on November 10, 2014 at 5:11 PM, updated November 10, 2014 at 5:12 PM

STURGIS, MI – Prosecutors are alleging a Sturgis police officer had a blood-alcohol level of more than twice the legal limit when he crashed his truck while off duty on Oct. 26, 2014, near Climax.

Bryan L. Stuck, 29, of Bronson, was charged Friday, Nov. 7, 2014, with one count each of operating a motor vehicle with a high blood-alcohol content of 0.17 percent or higher and operating a motor vehicle while intoxicated, Kalamazoo County Prosecutor Jeff Getting said Monday.

The high BAC charge is a misdemeanor punishable by a maximum of six months in jail and a fine of $200 to $700, Getting said. The OWI charge is a misdemeanor punishable by up to 93 days in jail and a fine of $100 to $500.

A date for Stuck's arraignment in Kalamazoo County District Court had not been scheduled, as of Monday, Nov. 10, 2014.

Kalamazoo County sheriff's investigators have said previously that Stuck was driving at about 2 a.m. on Oct. 26 on 44^th Street near PQ Avenue when he crashed his pickup truck. Stuck, who was the lone occupant in the truck, was taken to a Kalamazoo hospital after the crash where he was treated and released.

Investigators have said Stuck was off duty at the time of the crash.

He was placed on paid leave by the Sturgis Police Department last month following the incident, pending results of the investigation by the sheriff's office, Sturgis Deputy Police Chief David Ives said at the time.

On Monday, Nov. 10, officials from the Sturgis Police Department said in a news release that Stuck has been suspended for two weeks following an internal investigation.

Officials said that Stuck informed the administration at the Sturgis Police & Fire Department following the crash that he was being investigated for drunk driving and that a blood test was performed on him at the hospital.

In addition to his suspension, officials said Stuck is taking part in mandatory counseling and that "a last chance agreement has been agreed to."

"The officer has been cooperative and forthright regarding this investigation both criminally and internally," Sturgis Public Safety Director Geoffrey Smith said in the news release.

Rex Hall Jr. is a public safety reporter for the Kalamazoo Gazette. You can reach him at rhall2@mlive.com. Follow him on Twitter.

http://www.mlive.com/news/kalamazoo/index.ssf/2014/11/sturgis_police_officer_charged_1.html