After 30 Years In Prison, Judge Releases Inmate Whose Testimony Was Beaten Out Of Him
By Nicole Flatow
ThinkProgress
December 13, 2013
More than a decade ago, a special prosecutor undertook an investigation that revealed a longtime Chicago Police Department detective and commander had routinely tortured black men to coerce them into confessions or false testimony. Some of the convictions were reversed. A few others were pardoned by then-Governor Ryan. And Jon Graham Burge was convicted on related perjury charges and sent to jail.
But Burge’s misconduct is still taking its toll on many of the 148 people who claimed abuse. Just this week, a man who spent more than 30 years in jail was released after Judge Richard Walsh found that officers had lied about beating Stanley Wrice with a flashlight and a 20-inch piece of rubber, and about imposing similar treatment on a witness in Wrice’s case to elicit false testimony against him.
Wrice was sentenced to 100 years for a sexual assault he says he falsely confessed to after police beatings. Others with similar claims remain behind bars, hoping to seize on precedent from Wrice’s case to expedite their appeals. Lawyers will argue next week that these inmate should be certified as a class so they can argue together that they should be granted new trials.
Burge was fired from the Chicago Police Department in 1993, after an internal investigation found that his abuse was “systematic” over more than a decade. More than 148 individuals — mostly black men — came forward to report that Burge had smothered them, imposed electric shock, and forced them into a hot radiator. Burge’s misconduct led to the state’s death penalty moratorium in 2000. But it took another decade before a special prosecutor embarked on an extensive investigation of Burge’s behavior. It found foul play, but said it would not pursue action against Burge, in part because the statutes of limitations had expired in the cases. Then in 2008, prosecutors developed another way to snag Burge in a civil trial. They charged him with perjury and obstruction of justice for lying about his actions at trial, and in 2011, he was sentenced to four-and-a-half years in prison.
At sentencing, U.S. District Judge Joan Lefkow lamented, “How can one trust that justice will be served when the justice system has been so defiled?” She added, “Perhaps the praise, publicity and commendations you received for solving these awful crimes was seductive and may have led you down this path. On your behalf how I wish that there had not been such a dismal failure of leadership in the (police) department that it came to this.”
While Burge’s case is extreme, this reward system exists in any of a number of police departments and law enforcement agencies, accompanied by rare punishment for wrongdoing. False confessions alone account for about 25 of wrongful convictions exposed by DNA, and many others derive from testimony by witnesses who are coerced through both poor treatment and incentives.
Showing posts with label abuse. Show all posts
Showing posts with label abuse. Show all posts
Monday, December 16, 2013
Tuesday, October 18, 2011
U.S. widens inquiry into abuse at L.A. County jails
U.S. widens inquiry into abuse at L.A. County jails
Sheriff's Department seeks to curtail the extent of subpoenas, which seek data on workers since 2009.
By Robert Faturechi and Jack Leonard
Los Angeles Times
October 15, 2011
Federal authorities have widened their misconduct investigation into the Los Angeles County jail system, demanding internal Sheriff's Department documents detailing deputies' use of force on inmates over several years, as well as other records.
Sheriff's officials balked at the size and scope of the subpoenas when they were served several weeks ago and are negotiating with federal prosecutors to reduce the number of documents they must produce.
A source familiar with the demand said it sought the names of everyone who has worked in the jails since 2009, even janitors, and whether they have been disciplined for misconduct. Federal prosecutors also sought employees' Social Security numbers, dates of birth, home addresses, phone numbers and personal email addresses.
The records demand is the first sign that federal authorities are not simply looking into several individual cases of jail brutality and other misconduct but are taking a broader look at potential wrongdoing by deputies going back years.
"I was caught completely flabbergasted," Sheriff Lee Baca said of the growing federal scrutiny of his jail system, the nation's largest. "It's like your best friend digs up your favorite rose bed."
In an interview with The Times, Baca said the subpoenaed records were so voluminous that even federal investigators "would have had difficulty ferreting through it all." Nevertheless, Baca said, the county has begun collecting the records.
Federal officials declined to comment about the subpoenas or discuss details of the investigation.
Rebecca Lonergan, a USC law professor and former federal prosecutor, said the demand for the records suggests that investigators are looking for witnesses who would be willing to cooperate as they explore whether there might be a pattern and practice of deputy misconduct in the jails.
"The question becomes whether it rises to a supervisory level," said Lonergan, who handled police misconduct cases while supervising the U.S. attorney's public corruption section in Los Angeles. "If so, it may not be just the individual deputies who are culpable. It may be supervisors all the way up to higher-ups in the Sheriff's Department."
The subpoenas come amid renewed scrutiny over the county's jail system, which has been plagued over the last decade by inmate riots, killings, the formation of a gang-like deputies clique, early release of inmates, antiquated facilities and huge legal settlements. Over the last three years, the county has paid $8.4 million to resolve claims of excessive force and failure to care for inmates, a spokeswoman for Supervisor Gloria Molina said.
Last month, The Times reported that the FBI is investigating allegations of inmate beatings and other deputy misconduct. Among the claims under review are those made by an American Civil Liberties Union jail monitor who said she witnessed deputies knock an inmate unconscious and beat him for two minutes at the Twin Towers jail...
Sheriff's Department seeks to curtail the extent of subpoenas, which seek data on workers since 2009.
By Robert Faturechi and Jack Leonard
Los Angeles Times
October 15, 2011
Federal authorities have widened their misconduct investigation into the Los Angeles County jail system, demanding internal Sheriff's Department documents detailing deputies' use of force on inmates over several years, as well as other records.
Sheriff's officials balked at the size and scope of the subpoenas when they were served several weeks ago and are negotiating with federal prosecutors to reduce the number of documents they must produce.
A source familiar with the demand said it sought the names of everyone who has worked in the jails since 2009, even janitors, and whether they have been disciplined for misconduct. Federal prosecutors also sought employees' Social Security numbers, dates of birth, home addresses, phone numbers and personal email addresses.
The records demand is the first sign that federal authorities are not simply looking into several individual cases of jail brutality and other misconduct but are taking a broader look at potential wrongdoing by deputies going back years.
"I was caught completely flabbergasted," Sheriff Lee Baca said of the growing federal scrutiny of his jail system, the nation's largest. "It's like your best friend digs up your favorite rose bed."
In an interview with The Times, Baca said the subpoenaed records were so voluminous that even federal investigators "would have had difficulty ferreting through it all." Nevertheless, Baca said, the county has begun collecting the records.
Federal officials declined to comment about the subpoenas or discuss details of the investigation.
Rebecca Lonergan, a USC law professor and former federal prosecutor, said the demand for the records suggests that investigators are looking for witnesses who would be willing to cooperate as they explore whether there might be a pattern and practice of deputy misconduct in the jails.
"The question becomes whether it rises to a supervisory level," said Lonergan, who handled police misconduct cases while supervising the U.S. attorney's public corruption section in Los Angeles. "If so, it may not be just the individual deputies who are culpable. It may be supervisors all the way up to higher-ups in the Sheriff's Department."
The subpoenas come amid renewed scrutiny over the county's jail system, which has been plagued over the last decade by inmate riots, killings, the formation of a gang-like deputies clique, early release of inmates, antiquated facilities and huge legal settlements. Over the last three years, the county has paid $8.4 million to resolve claims of excessive force and failure to care for inmates, a spokeswoman for Supervisor Gloria Molina said.
Last month, The Times reported that the FBI is investigating allegations of inmate beatings and other deputy misconduct. Among the claims under review are those made by an American Civil Liberties Union jail monitor who said she witnessed deputies knock an inmate unconscious and beat him for two minutes at the Twin Towers jail...
Thursday, June 23, 2011
Should filming the police get you arrested?
Jun 21, 2011
Should filming the police get you arrested?
A newly released video shows a woman being taken into custody for taping cops while standing on her own property
Video
By David Sirota
Last month, I wrote a column on how police departments across the country are simultaneously employing ever-more sophisticated surveillance techniques while trying to criminalize the act of recording police officers in public spaces. This latter effort comes -- not coincidentally -- at a time when police forces are facing potential federal investigations into police brutality.
To get a sense of just how far some police departments seem willing to go to prevent citizens from exercising their civil right to record public spaces, watch this recently released video of a Rochester woman who appears to be getting arrested for video taping police from her own front lawn. (Note: The police officer in the video refers to an earlier exchange, so there may be another aspect to this story.)
For more details on the situation surrounding the Rochester arrest, go here. Needless to say, the event epitomizes the situation -- and shows how the use of police powers in this way is one major part of a larger campaign to criminalize free speech.
http://www.blogger.com/img/blank.gif
June 21, 2011
Rochester Police Arrest Woman For Videotaping Them From Her Front Yard
By Carlos Miller
A woman was arrested for videotaping police from her front yard in Rochester, New York.
Emily Good, 28, was recording a traffic stop where police had a man handcuffed on May 12th. The video was uploaded to Blip TV today.
The cop who arrested her has been identified as Mario Masic, according to the Rochester Indy Media.
A man named Mario Masic who happens to be a police officer in western New York also runs a business called Harvest Moon Malamutes.
mariomasic.jpg
Mario Masic apparrently treats dogs better than he does camera-toting citizens
You can friend him on Facebook here. Or you can email him through his business email address at harvestmoonmalamutes@live.com.
The video, which has since gone viral, shows Masic hassling Good with absurd notions after he notices her recording.
“I don’t feel safe with you standing behind me, so I’m going to ask you to go into your house,”
“You seem very anti-police … due to what you said to me before you started taping me.”
It is not clear what Good said before she started recording, but if she said anything threatening, they would have arrested her at that moment.
She ended up getting handcuffed and taken away after she refused to walk into her house, even though she was clearly on her own property.
A friend or relative ended up taking the camera and we see her being led away.
Neighbors who witnessed the interaction confirmed she had done nothing wrong.
Meanwhile, the man they had originally handcuffed was released.
Mickey H. Osterreicher, attorney for the National Press Photographers Association, fired off a letter to Rochester Police Chief James Sheppard demanding that Good's charges be dropped.
Sheppard told Osterreicher and the Democrat and Chronicle newspaper that he has ordered an investigation, which normally is police talk for sweeping it under the carpet until the media attention dies down.
Police Illegally Trespass and Arrest Woman in Her Front Lawn for Recording Traffic Stop: An Eyewitness Report
Ryan Acuff
13 May 2011
At 9:50pm Thursday May 12, 2011 officer Mario Masic illegally trespassed and arrested a woman in her front lawn while she unobtrusively recorded a suspicious traffic stop in front of her house.
The Illegal Detention and Search of a Young Black Male
On Thursday night I was at my friend's house when at about 9:45pm my friend and I saw flashing lights in front of the house. We both went outside to see what the commotion was about and we found two police cars blocking the street as they were performing a traffic stop. Later on a third police car pulled up making a total of four officers on the scene. The person pulled over was a young black male. It was unclear why the man was originally pulled over but one of the officers interrogated the man and accused him of possessing drugs. Not satisfied with the man's answers, the police took the man out of his car, handcuffed and put him in the back of a police car. After the man was detained, the police officers searched his car and found no drugs. The officers then released the man and said he was free to go. As the man drove away about 9:55pm he didn't appear to receive a ticket.
The Illegal Trespass and Arrest Of a Woman Recording Incident
As soon my friend and I came out to observe the police activity in front of the house located in the 19th Ward my friend began to record the events with her IPhone. While the police were searching and detaining the driver of the car one of the officers noticed that my friend was recording the whole incident. He began to question her with an aggressive tone claiming he felt unsafe with her “standing behind him”. Interestingly, at no point was his back turned to us, so presumably he was upset that she was observing and taping. My friend responded that she had the right to observe. The officer responded that she did not have the right to observe from the sidewalk. My friend immediately moved back into her grass before the sidewalk. Then the officer ordered us both inside the house. The woman calmly noted that she had the right to be on her own property and the right to observe the police activity unobstructed. The officer commented that he thought she was “anti-police” and approached the woman stating “are you seriously not going to obey my order?” As the officer trespassed on to the property in a threatening manner, we began to walk toward the house. As we approached the porch, the officer said, “I'm just going to arrest you” and came onto the property to arrest the woman. She was put into a police car and taken away at about 9:55pm. According to the arrested woman, after the arrest the four police met in the parking lot of Wilson High School around the corner and had a conference for about an hour about how to deal with the case. A Sargent came over and gave them advice about how to write up the report that would minimize their wrong doing.
http://www.youtube.com/watch?v=a7ZkFZkejv8ideo
Should filming the police get you arrested?
A newly released video shows a woman being taken into custody for taping cops while standing on her own property
Video
By David Sirota
Last month, I wrote a column on how police departments across the country are simultaneously employing ever-more sophisticated surveillance techniques while trying to criminalize the act of recording police officers in public spaces. This latter effort comes -- not coincidentally -- at a time when police forces are facing potential federal investigations into police brutality.
To get a sense of just how far some police departments seem willing to go to prevent citizens from exercising their civil right to record public spaces, watch this recently released video of a Rochester woman who appears to be getting arrested for video taping police from her own front lawn. (Note: The police officer in the video refers to an earlier exchange, so there may be another aspect to this story.)
For more details on the situation surrounding the Rochester arrest, go here. Needless to say, the event epitomizes the situation -- and shows how the use of police powers in this way is one major part of a larger campaign to criminalize free speech.
http://www.blogger.com/img/blank.gif
June 21, 2011
Rochester Police Arrest Woman For Videotaping Them From Her Front Yard
By Carlos Miller
A woman was arrested for videotaping police from her front yard in Rochester, New York.
Emily Good, 28, was recording a traffic stop where police had a man handcuffed on May 12th. The video was uploaded to Blip TV today.
The cop who arrested her has been identified as Mario Masic, according to the Rochester Indy Media.
A man named Mario Masic who happens to be a police officer in western New York also runs a business called Harvest Moon Malamutes.
mariomasic.jpg
Mario Masic apparrently treats dogs better than he does camera-toting citizens
You can friend him on Facebook here. Or you can email him through his business email address at harvestmoonmalamutes@live.com.
The video, which has since gone viral, shows Masic hassling Good with absurd notions after he notices her recording.
“I don’t feel safe with you standing behind me, so I’m going to ask you to go into your house,”
“You seem very anti-police … due to what you said to me before you started taping me.”
It is not clear what Good said before she started recording, but if she said anything threatening, they would have arrested her at that moment.
She ended up getting handcuffed and taken away after she refused to walk into her house, even though she was clearly on her own property.
A friend or relative ended up taking the camera and we see her being led away.
Neighbors who witnessed the interaction confirmed she had done nothing wrong.
Meanwhile, the man they had originally handcuffed was released.
Mickey H. Osterreicher, attorney for the National Press Photographers Association, fired off a letter to Rochester Police Chief James Sheppard demanding that Good's charges be dropped.
Sheppard told Osterreicher and the Democrat and Chronicle newspaper that he has ordered an investigation, which normally is police talk for sweeping it under the carpet until the media attention dies down.
Police Illegally Trespass and Arrest Woman in Her Front Lawn for Recording Traffic Stop: An Eyewitness Report
Ryan Acuff
13 May 2011
At 9:50pm Thursday May 12, 2011 officer Mario Masic illegally trespassed and arrested a woman in her front lawn while she unobtrusively recorded a suspicious traffic stop in front of her house.
The Illegal Detention and Search of a Young Black Male
On Thursday night I was at my friend's house when at about 9:45pm my friend and I saw flashing lights in front of the house. We both went outside to see what the commotion was about and we found two police cars blocking the street as they were performing a traffic stop. Later on a third police car pulled up making a total of four officers on the scene. The person pulled over was a young black male. It was unclear why the man was originally pulled over but one of the officers interrogated the man and accused him of possessing drugs. Not satisfied with the man's answers, the police took the man out of his car, handcuffed and put him in the back of a police car. After the man was detained, the police officers searched his car and found no drugs. The officers then released the man and said he was free to go. As the man drove away about 9:55pm he didn't appear to receive a ticket.
The Illegal Trespass and Arrest Of a Woman Recording Incident
As soon my friend and I came out to observe the police activity in front of the house located in the 19th Ward my friend began to record the events with her IPhone. While the police were searching and detaining the driver of the car one of the officers noticed that my friend was recording the whole incident. He began to question her with an aggressive tone claiming he felt unsafe with her “standing behind him”. Interestingly, at no point was his back turned to us, so presumably he was upset that she was observing and taping. My friend responded that she had the right to observe. The officer responded that she did not have the right to observe from the sidewalk. My friend immediately moved back into her grass before the sidewalk. Then the officer ordered us both inside the house. The woman calmly noted that she had the right to be on her own property and the right to observe the police activity unobstructed. The officer commented that he thought she was “anti-police” and approached the woman stating “are you seriously not going to obey my order?” As the officer trespassed on to the property in a threatening manner, we began to walk toward the house. As we approached the porch, the officer said, “I'm just going to arrest you” and came onto the property to arrest the woman. She was put into a police car and taken away at about 9:55pm. According to the arrested woman, after the arrest the four police met in the parking lot of Wilson High School around the corner and had a conference for about an hour about how to deal with the case. A Sargent came over and gave them advice about how to write up the report that would minimize their wrong doing.
http://www.youtube.com/watch?v=a7ZkFZkejv8ideo
Saturday, June 18, 2011
Ramona teen sues sheriff's deputies for assault, battery
Ramona teen sues sheriff's deputies for assault, battery
By MORGAN COOK
mcook@nctimes.com
June 17, 2011
A 17-year-old Ramona boy has filed a $1 million lawsuit in federahttp://www.blogger.com/img/blank.gifl court against San Diego County sheriff's deputies who he says beat and wrongfully arrested him in December 2009.
Ramona lawyer Julie M. Kiehne-Lamkin filed the civil suit in federal court on behalf of the teen, according to court records. Deputies were served with the lawsuit on Monday.
The lawsuit seeks damages for civil rights violations, assault and battery, and intentional infliction of emotional distress. It names several sheriff's deputies, the Sheriff's Department, and the county as defendants.
Lt. Julie Sutton, commander of the Ramona Sheriff's Substation, said Tuesday she was aware of the lawsuit. She declined to comment further on the matter, citing department policy against discussing personnel and legal matters.
Kiehne-Lamkin declined Wednesday to comment on the specifics of the case, and said she advised her client against speaking to the media. She said the defendants have until July 5 to respond to the complaint.
According to court records, the teen ---- who is identified in court records as J.K.G. because of federal protections for juveniles ---- was approached by Ramona sheriff's Deputy Thomas Seiver at about 8:10 p.m. Dec. 29, 2009, as he skateboarded in the 1100 block of Main Street.
Seiver stopped J.K.G. because the deputy was investigating reports of a suspicious person tampering with vehicles in the parking lot of Mi Ranchito restaurant, 1028 Main St., according to the records.
Seiver searched the young man, confiscated his cell phone, and then punched the teen in the face twice, according to the court records. The court records say Seiver then choked the teen, threw him to the ground, and "grinded (his) face onto the parking lot pavement."
A video apparently taken shortly after J.K.G. was released to his mother on Dec. 29, 2009, was available Wednesday on YouTube.com.
In the video, there are numerous cuts and abrasions on the teen's forehead and nose, and his nose, lips and one of his eyes appears swollen.
According to the records, J.K.G. did not resist Seiver, run from him, or make any attempt to hurt or threaten him.
Another deputy arrived and helped put the bleeding teenager into the back of a patrol vehicle, according to the records.
The deputies took the teen back to Mi Ranchito restaurant where they found no evidence that the young man had tampered with vehicles, according to the court records.
The teen was reportedly booked into the Ramona Sheriff's Substation then released to his mother, according to court records.
Though J.K.G. was bleeding and in pain, the deputies never offered him medical care, the records say.
The lawsuit accuses several deputies of working together to lie about the incident in their official reports.
The teenager was charged with resisting arrest and battery on a peace officer, according to the court records. A judge examined evidence and witnesses at a hearing in juvenile court on June 11, 2010, and dismissed all charges.
Kiehne-Lamkin said she filed a claim with the county that sought damages on her client's behalf, but it was rejected without investigation.
By MORGAN COOK
mcook@nctimes.com
June 17, 2011
A 17-year-old Ramona boy has filed a $1 million lawsuit in federahttp://www.blogger.com/img/blank.gifl court against San Diego County sheriff's deputies who he says beat and wrongfully arrested him in December 2009.
Ramona lawyer Julie M. Kiehne-Lamkin filed the civil suit in federal court on behalf of the teen, according to court records. Deputies were served with the lawsuit on Monday.
The lawsuit seeks damages for civil rights violations, assault and battery, and intentional infliction of emotional distress. It names several sheriff's deputies, the Sheriff's Department, and the county as defendants.
Lt. Julie Sutton, commander of the Ramona Sheriff's Substation, said Tuesday she was aware of the lawsuit. She declined to comment further on the matter, citing department policy against discussing personnel and legal matters.
Kiehne-Lamkin declined Wednesday to comment on the specifics of the case, and said she advised her client against speaking to the media. She said the defendants have until July 5 to respond to the complaint.
According to court records, the teen ---- who is identified in court records as J.K.G. because of federal protections for juveniles ---- was approached by Ramona sheriff's Deputy Thomas Seiver at about 8:10 p.m. Dec. 29, 2009, as he skateboarded in the 1100 block of Main Street.
Seiver stopped J.K.G. because the deputy was investigating reports of a suspicious person tampering with vehicles in the parking lot of Mi Ranchito restaurant, 1028 Main St., according to the records.
Seiver searched the young man, confiscated his cell phone, and then punched the teen in the face twice, according to the court records. The court records say Seiver then choked the teen, threw him to the ground, and "grinded (his) face onto the parking lot pavement."
A video apparently taken shortly after J.K.G. was released to his mother on Dec. 29, 2009, was available Wednesday on YouTube.com.
In the video, there are numerous cuts and abrasions on the teen's forehead and nose, and his nose, lips and one of his eyes appears swollen.
According to the records, J.K.G. did not resist Seiver, run from him, or make any attempt to hurt or threaten him.
Another deputy arrived and helped put the bleeding teenager into the back of a patrol vehicle, according to the records.
The deputies took the teen back to Mi Ranchito restaurant where they found no evidence that the young man had tampered with vehicles, according to the court records.
The teen was reportedly booked into the Ramona Sheriff's Substation then released to his mother, according to court records.
Though J.K.G. was bleeding and in pain, the deputies never offered him medical care, the records say.
The lawsuit accuses several deputies of working together to lie about the incident in their official reports.
The teenager was charged with resisting arrest and battery on a peace officer, according to the court records. A judge examined evidence and witnesses at a hearing in juvenile court on June 11, 2010, and dismissed all charges.
Kiehne-Lamkin said she filed a claim with the county that sought damages on her client's behalf, but it was rejected without investigation.
Saturday, February 16, 2008
Deputy abused disabled man
Associated Press
Feb. 16, 20008
TAMPA, Fla. - A Florida sheriff's deputy who was videotaped dumping a paralyzed man out of his wheelchair onto a jailhouse floor has turned herself in.
Jail records show Charlette Marshall-Jones was booked into the Orient Road Jail early this morning.
It is the same jail where Marshall-Jones worked. She is accused of tipping 32-year-old Brian Sterner out of his wheelchair and searching him on the floor. He had been brought in on a charge of fleeing and attempting to elude a police officer after a traffic violation.
The Hillsborough County deputy has been charged with one count of felony abuse of a disabled person. She was released after posting $3,500 bail. An attorney for Marshall-Jones listed in jail records did not immediately return a phone message.
http://www.msnbc.msn.com/id/23197160/
Feb. 16, 20008
TAMPA, Fla. - A Florida sheriff's deputy who was videotaped dumping a paralyzed man out of his wheelchair onto a jailhouse floor has turned herself in.
Jail records show Charlette Marshall-Jones was booked into the Orient Road Jail early this morning.
It is the same jail where Marshall-Jones worked. She is accused of tipping 32-year-old Brian Sterner out of his wheelchair and searching him on the floor. He had been brought in on a charge of fleeing and attempting to elude a police officer after a traffic violation.
The Hillsborough County deputy has been charged with one count of felony abuse of a disabled person. She was released after posting $3,500 bail. An attorney for Marshall-Jones listed in jail records did not immediately return a phone message.
http://www.msnbc.msn.com/id/23197160/
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