Tuesday, June 12, 2018

Ex-police chief, 2 officers framed teen for burglaries in tiny Miami town, feds say

miamiherald.com · by Charles Rabin And Jay Weaver crabin@miamiherald.com jweaver@miamiherald.com

The former police chief and two officers in Biscayne Park face federal charges of framing a 16-year-old in four unsolved burglaries. The motivation, prosecutors charged Monday, was keeping a perfect score on crime statistics.
Federal prosecutors said Police Chief Raimundo Atesiano and two cops acting under his authority lied about the arrests to wow the small village's elected leaders with their crime-solving savvy.
Atesiano faced a Miami magistrate judge for the first time Monday afternoon after being indicted on charges that he violated the teen's civil rights during the arrests five years ago.
"The existence of this fictitious 100% clearance rate of reported burglaries was used by Atesiano to gain favor with elected officials and concerned citizens," according to an indictment.
Atesiano, 53, now stands accused of encouraging the officers to arrest the teen in June 2013, "knowing that there was no evidence and no lawful basis to support such charges," prosecutors said after unsealing the indictment. The teen is referred to as T.D. in the indictment.
The officers, Charlie Dayoub and Raul Fernandez, collected evidence from four unsolved burglaries, completed four arrest reports and created false narratives to imply the teen had broken into four unoccupied homes that April and May, according to the indictment. At a village council meeting in July 2013, a month after the teen's arrest, Atesiano claimed a perfect close-out rate for burglary cases in the mostly residential community near Miami Shores that is home to about 3,200 people.
Atesanio surrendered Monday to authorities on two charges of conspiring to violate the teen's civil rights and depriving him of those rights. He was granted a $50,000 personal surety bond, co-signed by his wife. Magistrate Judge John J. O'Sullivan set his arraignment for June 25.
After his brief appearance in court, Atesanio's defense attorney, Neil Schuster declined to comment.
The other two defendants, Dayoub and Fernandez, charged with the same crimes as the former police chief, received summonses and are expected to make their first appearances in federal court later this month.
The police corruption case against Atesiano and the other two former officers took five years to make — and was filed just before the statute of limitations expired — through the collaborative efforts of the Miami-Dade State Attorney's Office and U.S. Attorney's Office.
Biscayne Park's village manager, Krishan Manners, who was hired last year, condemned the alleged misconduct of the former police chief and officers.
"That's not the way things are done in Biscayne Park," said Manners, adding that the village cooperated fully with the FBI-led investigation. "This was five years ago. We have a different manager and a different police chief."
The new police chief, Luis Cabrera, recently replaced Nicholas Wollschlager. Wollschlager was hired by North Bay Village's manager to be a deputy chief there.
Although it has only 11 full-time cops and a handful of reserves, Biscayne Park's police department has had more than its share of problems over the years.
In early 2014, Atesiano abruptly resigned. Two weeks earlier, the chief and Capt. Larry Churchman and Cpl. Nicholas Wollschlager were suspended by the village manager without explanation. All Village Manager Heidi Shafran would say at the time was that she hired a private security consultant to look into possible misdeeds.
A month later, it was learned that Atesiano had borrowed thousands of dollars from an underling and promised to repay the money through a combination of taxpayer-funded overtime and off-duty work. The contract signed between Atesiano and Thomas Harrison was penned in handwriting with a royal blue magic marker on a single sheet of white paper. It's bottom right corner had a drawn blue ribbon that said it was an "official seal." Atesiano called it a joke. Shafran blasted the former chief, calling it a betrayal of the village.
In 2017, Wollschlager was named interim chief. He, too, was caught up in the Atesiano loan scandal but was cleared after an investigation. A few months ago, he abruptly resigned without explanation, only to be hired as the deputy chief in North Bay Village.
Then last November, it was learned Biscayne Park hired George Miyares as a reserve officer — despite his having received rejections from 10 other departments for failed psychological and polygraph tests. He also was investigated three times by Miami-Dade Corrections, which hired him as a guard. In one case he was cited for excessive use of force. At the time of his hire, Miyares was at the center of a federal lawsuit that claimed he beat up two men, smashing one of their heads into a sidewalk.
And in April, a former Biscayne Park cop named Guillermo Ravelo was charged with assaulting two people while on duty and falsifying the police reports. During the same time frame as the latest civil rights case, Ravelo was accused of hitting a driver with his fist during a traffic stop in April 2013 and of striking another person with a blunt object a few months later.
The civil rights case against Atesiano and the other two officers, Dayoub and Fernandez, was investigated by the FBI along with the Florida Department of Law Enforcement.
Broward Sheriff's Office detectives need help identifying a man who used a pool builder's identity to steal about $8,000. Broward Sheriff's OffficePierre Taylor
miamiherald.com · by Charles Rabin And Jay Weaver crabin@miamiherald.com jweaver@miamiherald.com

Tuesday, June 5, 2018

New wrongful-conviction suits could cost Chicago as it tries to move past era of police coercion

Los Angeles Times · by Associated Press 

For years, the Chicago Police Department has been trying to move past a shameful chapter characterized by coercion and brutality, shelling out multimillion-dollar settlements to men who were tortured into confessing to serious crimes they didn't commit.
But as the number of cases linked to disgraced former Police Cmdr. Jon Burge dwindles, a flurry of drug and murder convictions linked to two other former officers has been overturned. And the vindicated inmates are walking out of prison ready to sue.
Chicago has already paid out well over $670 million in police misconduct cases in the last 15 years, but that expenditure could skyrocket due to current and future lawsuits from people who say they were framed by former Sgt. Ronald Watts or Det. Reynaldo Guevara.
“We've had all kinds of police corruption, we've had police torture cases, but we've never had so many cases where there is clear evidence that police actually set people up for crimes they didn't commit,” said Marshall Hatch, a prominent minister and activist on the city's west side.
“Watts and Guevara handled tons more cases than Burge,” said David Erickson, a former state appellate judge who teaches at Chicago-Kent College of Law.
In just two years, at least 11 men who alleged Guevara framed them have had their murder convictions thrown out, bringing to 18 the number of men whose convictions were tossed amid allegations of brutality and coercion. At least a dozen more post-conviction petitions are pending.
At least 12 of the 18 have sued, and more lawsuits are sure to follow.
The now-retired Guevara has not been charged with any crimes. He has helped inmates win freedom by repeatedly invoking his constitutional right against self-incrimination or insisting he couldn't remember facts, thus forcing prosecutors to dismiss charges in several cases.
Jacques Rivera, whose lawsuit will be heard in court Monday, alleges he was convicted of murder after Guevara and other officers “conspired to ... manipulate the identification of the sole eyewitness to the attack,” a 12-year-old boy.
Since last fall, the drug convictions of nearly three dozen men — all arrested by Watts and his subordinates — have been thrown out. More could follow.
The University of Chicago's Exoneration Project has asked for another 70 convictions tied to Watts to be overturned. Joshua Tepfer, an attorney for the group, said Watts made more than 500 arrests before he was sentenced to prison in 2013 for stealing money from an FBI informant.
“What you have is years and years of systematic corruption that was just ignored and swept under the rug by the CPD and the city that they are having to answer for now,” Tepfer said.
Attorneys predict — and city officials fear — that Chicago's tab for police misconduct is about to climb just as the city seemed close to closing the books on cases tied to Burge and his so-called Midnight Crew.
“I thought we had turned a corner,” said Alderman Howard Brookins Jr. “It looks like we have not.”
Some think the cost of settling new cases will top the $115 million paid out to Burge victims. In 2009, a jury awarded $21 million to a man who spent 11 years in prison before he was retried and acquitted after witnesses testified that Guevara intimidated them into falsely identifying the man as the killer. The city later agreed to pay $16.4 million.
The city must pay the first $15 million of any award or settlement before its insurance pays.
“Now that people understand with all these videotapes that the situation out there is real and believe cops would do this, you can put a multiplier in there,” Brookins said.
Every time charges are dropped against somebody who alleges Guevara framed them, attorneys say, appeals in other Guevara cases become stronger.
“With Guevara, we put together this pattern that we can use to buttress individual cases,” said Karen Daniel, director of Northwestern University's Center on Wrongful Convictions. The organization represented Gabriel Solache, who spent nearly two decades in prison for a double murder before a judge threw out his confession to Guevara. Prosecutors dropped charges against Solache in December.
Jose Maysonet spent nearly 27 years in prison for a double murder in a Guevara case before prosecutors dropped the charges against him. Maysonet's attorney, Steve Greenberg, said he expects Guevara cases will be more expensive for the city than those associated with Burge because the public knows more than ever before.
“The more times the city gets caught, the price goes up,” he said.

Wednesday, May 23, 2018

Aurora reaches $335K settlement with woman slammed, arrested by officers

thedenverchannel.com · by Blair Miller · May 22, 2018 
The city Aurora has agreed to pay $335,000 to a woman who was slammed to the ground by an Aurora Police Department sergeant then charged with assaulting an officer and placed in jail for several days.
Courtesy Frank & Salahuddin LLC
AURORA, Colo. – The city Aurora has agreed to pay $335,000 to a woman who was slammed to the ground by an Aurora Police Department sergeant then charged with assaulting an officer and placed in jail for several days.
The payment comes as part of a settlement between the city and OyZhana Williams, whose Dec. 22, 2015 arrest was captured by security cameras at the University of Colorado Hospital.
Williams was at the hospital that day because she had taken her boyfriend there after being shot.
According to Williams and her attorneys, APD Sgt. Michael Hawkins and officers Jordan Odneal and Jose Ortiz, who were tasked with investigating the shooting, were trying to get Williams to allow them to search her car in connection with the shooting.
She didn’t want to give up her keys, and eventually dropped them on the ground, at which time Hawkins allegedly threw her out of his police cruiser, choked her and threw her to the ground, where her attorneys say he “stomped on Williams’ head.”
Williams was arrested and charged with assaulting a peace officer, which Williams’ attorney, Adam Frank, said stemmed from “misleading reports” written by the officers who were involved.
“Ms. Williams spent 8 days in jail, including Christmas, and spent the next year of her life living under the threat of 4-12 years in prison,” Frank said in a statement. “Fortunately, the incident was caught on the hospital’s surveillance cameras. That video showed the officers were lying and Ms. Williams was telling the truth.”
Frank said that Williams lost her job while she was jailed on the assault charge, which was eventually dropped. He claimed in the lawsuit that Williams suffered lasting migraine headaches from the injuries she sustained in the ordeal.
“While this resolution will not erase the trauma Ms. Williams endured, FRANK & SALAHUDDIN LLC and Ms. Williams are pleased that Aurora has since issued body cameras to its police officers and reformed its policies surrounding officers’ use of force,” Frank said in a statement about the settlement. “Hopefully these policy changes prevent others from suffering what Ms. Williams was forced to endure at the hands of Sergeant Hawkins.”
Aurora City Attorney Mike Hyman said in a statement that settling the case would cost less than taking it through a prolonged court case.
“The city has entered into a settlement agreement with Ms. Williams on this matter,” Hyman said. “As part of that agreement, the city did not admit liability in this case. This case was settled for the reason that many cases are settled – to avoid the cost of prolonged litigation. That cost would have far exceeded the value of the settlement.”

Friday, May 18, 2018

Lawsuit: NJ Cop Forced Innocent Driver Off The Road, Then Put A Gun To His Head

truthfight.com · by James Carter · May 18, 2018

A Monroe Township police officer is accused of excessive force, false arrest, malicious prosecution, assault and civil rights violations, and more after running an innocent motorist off the road and putting a gun to his head in February 2017.
William Fulbrook says he briefly flashed his high-beams to register his disapproval after the vehicle, which turned out to be an officer in an unmarked police car, ran a red light and cut into his lane.
Because Fulbrook flashed his lights after witnessing the reckless driving, the officer, Matthew Buerklin, decided to run him off the road and put a gun to his head, according to True Jersey.
Fulbrook has filed a federal lawsuit against Buerklin, Monroe Township, and Police Chief John McKeown.
The lawsuit says that after Fulbrook flashed his high-beams, Buerklin pulled to the side of the road, let Fulbrook pass, then pulled behind him with his high-beams on. Buerklin then pulled alongside of Fulbrook and swerved into his lane “effectively running Plaintiff’s car off the road.”
Both vehicles stopped and Buerklin jumped out of his car with a gun in 1 hand and a flashlight in the other.
“Freeze, mother(expletive),” the officer yelled, putting the gun “very close” to Fulbrook’s head, the suit claims.
“How do you like that, mother(expletive),” Buerklin allegedly continued. “Now what are you going to do, mother(expletive)?”
Fulbrook begged the irate officer not to murder him.
As he continued to point his gun at the innocent men, Buerklin demanded his license and registration.
Fulbrook says that 6 police cars showed up about 20 minutes later. One of those officers apologized to Fulbrook and said Buerklin was ‘making them write him tickets’ according to the suit.
Officers gave the innocent man tickets for improper use of high-beams and following two closely, but both were later dismissed in municipal court.
Fulbrook reported the officer to the Gloucester County Prosecutor’s Office in 2017. The office reviewed the matter and sent it back to the municipality, saying the officer had violated some Attorney General’s Office use of force guidelines, but that they would not bring criminal charges, Fulbrook’s attorney, Kevin McCann, said.
Police officials declined to comment on the litigation and would also not say whether Buerklin was disciplined for his horrendous actions.
http://truthfight.com/nj-cop-forces-innocent-driver-off-road-put-gun-head/

Friday, March 30, 2018

Video Shows Sacramento Police Shooting Unarmed Black Man in His Own Backyard

New York Magazine · by Adam K. Raymond · March 22, 2018

Stephon Clark.
Police in Sacramento shot and killed a 22-year-old black man Sunday night after mistaking an iPhone he was holding for a gun. Body-camera footage of the shooting, which is sparking protests in the California capital, was released Wednesday and it shows that mere seconds passed between police encountering Stephon Clark and shooting him dead.
“Hey, show me your hands. Stop. Stop,” one of the officers is heard yelling on the video seconds after spotting Clark in a driveway. Two officers then chase him into a yard where one can heard saying, “Gun. Gun. Gun.”
Then both officers opened fire.
In a statement, Sacramento police say Clark “advanced towards the officers while holding an object which was extended in front of him.” The officers believed this to be a gun and “fearing for their safety,” fired on him. What the SPD statement does not say is that Clark was not holding a gun. He was holding a white iPhone.
The incident began just after 9 p.m. Sunday when police received a report of a man breaking car windows. A police helicopter spotted Clark and followed him as officers on the ground tried to locate him. They found him in the driveway of his grandmother’s house and he was soon dead.
The SPD has said that Clark is the same man who was reported breaking car windows but his grandmother told the Sacramento Bee that they are mistaken. “You guys are murderers, murderers, murderers,” Sequita Thompson recalls telling the officers. “You guys killed that baby for nothing. You took him away from his kids, for nothing.”
Activists in Sacramento and beyond have questioned the police’s actions. “We need answers. The family needs answers,” Black Lives Sacramento organizer Tanya Faison said at a City Council meeting Tuesday night. “We need those officers to be fired because this was obviously a very huge injustice.”
Reverend Al Sharpton said he’s traveling to the city, and the local NAACP condemned the killing in a statement:
“While we respect the role of (SPD) in our community … these shooting(s) have angered, frustrated and frighten(ed) people in our community,” the statement said. “We are also frustrated with the justice system which fails to indict such killings. We are a community experiencing post-traumatic stress and as such the community and police relations(hip) remains one of mistrust.”
Sacramento’s Democratic mayor was not so quick to criticize though. “Based on the videos alone, I cannot second guess the split-second decisions of our officers, and I’m not going to do that,” Mayor Darrell Steinberg said in a statement.
http://nymag.com/daily/intelligencer/2018/03/video-shows-police-shoot-unarmed-black-man-in-his-own-yard.html