Showing posts with label Police Misconduct. Show all posts
Showing posts with label Police Misconduct. Show all posts

Sunday, April 20, 2008

156 DUI Cases Dropped Due To Cop's Alleged Lying

Officer Accused Of Falsifying Police Reports For DUI Suspects

CHICAGO (STNG) ― The Cook County state's attorney's office has dropped more than 150 DUI cases in which indicted Chicago cop John Haleas was the arresting officer, officials said.

In all, 156 misdemeanor DUI cases have been dropped, said John Gorman, a spokesman for the state's attorney. In some of the cases, non-DUI charges against the defendants remain, he said.

Haleas, 37, faces felony charges of perjury, official misconduct and obstruction of justice for allegedly lying and falsifying reports about a DUI arrest in April 2005. According to a grand jury indictment, Haleas falsely reported he gave a defendant various field sobriety tests.

Haleas also has been sued in federal court by a man he arrested.

Haleas worked out of the Grand Central District. When questions about his arrests arose last year, the state's attorney's office dropped about 50 cases and said about 500 were being reviewed.

The Schaumburg-based Alliance Against Intoxicated Motorists honored Haleas three times as the police officer with the most DUI arrests in Illinois. He has been stripped of his police powers and is scheduled to appear in court April 25.
(Source: Sun-Times News Group Wire © Chicago Sun-Times 2006.

Charles A. Ramsay
Attorney at Law
Charles@RamsayResults.com

CHARLES A. RAMSAY & ASSOCIATES, PLLC

450 Rosedale Towers
1700 West Highway 36
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www.RamsayResults.com

Sunday, April 13, 2008

Former Gophers player Jones acquitted of rape charge

Find a job you love and you'll never work a day in your life."

Although I am passionate about my work, particularly trials, trial is exhausting. It takes a little chunk of life out of me each time, particularly when their are two prosecutors; one at the state's counsel table and another wearing a black robe. Judge Rosenbaum has a reputation for being fair, and is one of the better judges in Hennepin County. But some laws force judges to make rulings which may not guarantee a defendant a fair trial.

Well-intentioned legislatures passed some evidentiary laws in an effort to protect crime victims. Designed to protect one party, these laws often deny another -- those accused of a crime -- fundamental constititional rights; due process, right of confrontation, right to present a defense and even presumption of innocense.

It appears that may have occurred here, despite Judge Rosenbaum's best efforts to be fair.

Former Gophers player Jones acquitted of rape charge
By ROCHELLE OLSON, Star Tribune

April 11, 2008

Former University of Minnesota football star Dominic Jones was cleared Friday of a more serious rape charge but was convicted of unwanted sexual contact in an incident captured on a cell phone video.

He will be sentenced May 29.

Jones, 21, declined to comment after the decision, saying he wanted to catch up on his studies. Jones has missed school since jury selection began March 31. Although the star defensive back was kicked off the team when he was charged last July, Jones remained in school and is on track to graduate in the fall with a degree in sociology.

Jones had been charged with third-degree sexual assault for having sex with an 18-year-old woman who prosecutors said was too drunk to give consent. If he had been convicted of that charge, which involves penetration, he could have faced four years or more.

His conviction for fourth-degree criminal sexual conduct, which involves unwanted sexual contact, carries a presumed sentence of 24 months "stayed." That means he would not have to serve it unless he violated his probation.

Defense attorney Earl Gray said Jones could face a year in jail, but would likely get work release and be out sooner. He would have to register as a sex offender.
Prosecutor 'pleased'

The jury's decision was clearly not the outcome sought by Hennepin County Attorney Mike Freeman's office, but Assistant Hennepin County Attorney Martha Holton Dimick gave it a good spin. She said Jones was convicted of a felony, she was "extremely pleased" and "a win for the defendant would have been an acquittal on all two counts and that didn't happen." She said prison is "still on the table."

Gray said he, Jones and Jones' family were "very happy" with the verdict. He dismissed the prosecution's claims of a win, saying that last fall Freeman's office rejected his offer to have his client plead guilty to fourth-degree sexual conduct.

Gray intends to appeal the verdict and seek a second trial. He said the evidence excluded at trial goes to the heart of the charge with which Jones was convicted.

Hennepin County District Court Judge Marilyn Rosenbaum did not allow Gray to call a sexual behavior expert, or to present evidence that the woman had sex with three other players that night, or describe what Jones was told by his upstairs neighbor Alex Daniels or to call a sexual behavior expert.

"The next time we try it, we will be able to give the jury a full picture of what happened that night," Gray said.

Jurors began deliberations late Wednesday and by mid-afternoon Thursday had acquitted Jones of the more serious charge, according to their verdict form. They reached a verdict at midday Friday on the lesser charge.

After the verdict was read, jurors were sent back to consider two more questions about aggravating factors. The jury quickly decided the act Jones performed was "humiliating and demeaning" to the woman, but not "cruel."

The star for the prosecution was a 30-second cell phone video recorded by Daniels. It shows Jones smiling and masturbating over the face of an impassive woman. At the end of the video, she had a white substance on her face. The time stamp on the video: 2:50 a.m. on April 4.

Juror's point of view

Juror Nevin Ozturk, who works at Medtronic, said the video was too short for conclusions. "I see commercials or parts of the movie, I can't claim I've seen the movie," she said.

Ozturk said a defining moment for her was DNA evidence, when a prosecution witness struggled to describe what was inside an evidence envelope he had signed.
Gray raised issues with the handling of evidence, including the nine condoms found in wastebaskets at the apartment. Several of the condoms were placed into one bag. The clothes of the victim also were placed together in a single bag.

Asked about Jones' own testimony, in which prosecutors exposed lies from his initial interview with police, Ozturk said there was "a lot of 'he said, she said'" at the trial.
The incident last April started with former players Robert McField and E.J. Jones driving to St. Paul to pick up Laquisha Malone, a woman McField met on Facebook. Malone wanted her friend to come along so they went to the College of St. Catherine to pick her up.

They went back to the apartment McField and E.J. Jones shared with Alex Daniels and Keith Massey at University Village. Jones, who is not related to E.J. Jones, lived a floor below them.

The woman, who attended the trial only to testify, got into a vodka shot-drinking contest with McField. She said she remembered nothing of the evening beyond falling asleep on the couch and waking the next morning with a white substance on her face. She washed it off, went home and to work.

McField, who is now in prison in Missouri for armed robbery, said he walked into a dark bedroom and saw Jones appearing to have sexual intercourse with the woman. He said he then saw Jones pull off his condom and finish the act on her face. The video, however, showed no penetration and Jones' semen was not found on any of the used condoms in the apartment.
Jones said he did not have sex with the woman except to masturbate over her, which he testified was consensual.

No one else was charged in the case and only McField was called to testify.

Asked whether the other players -- E.J. Jones, Massey and Daniels -- might be charged, Holton Dimick said, "Let's take that one step at a time."

Rochelle Olson • 612-673-1747

© 2008 Star Tribune. All rights reserved.

Monday, April 7, 2008

Judge and Wife Allege Harassment by Minneapolis Police

City Pages

Issue — February 27, 2008

By Paul Demko

MPD blues: James and Lois Cannon want an apology from the cops
MPD blues: James and Lois Cannon want an apology from the cops
Image by Craig Lassig

Around 10 p.m. on September 5, 2006, James Cannon, his wife Lois, and their 22-year-old son, James Jr., climbed into the family's PT Cruiser and drove to the Wrecker Services impound lot in downtown Minneapolis. Earlier in the day, their son's car, a green Ford Contour, had been towed for being parked illegally in the West Bank neighborhood.

At the impound lot office, a cramped space with all the charm of a prison visiting room, the Cannons forked over $250 and waited for the car. After about 15 minutes, the African American family was joined by a quartet of African immigrants whose vehicles had likewise been seized. They too paid their fines and awaited their cars.

Then the group was informed by the dispatcher that one of the company's tow trucks had broken down, and that the other driver was out on a run. Everybody would just have to sit tight.

After half an hour, one of the immigrants grew agitated. He twice banged on the Plexiglas enclosing the tow-truck dispatcher.

A few minutes later, a Minneapolis Police Department squad car arrived on the scene. A pair of cops entered the waiting area and disappeared into the dispatcher's office. When the officers emerged, the relatively low-key scene changed dramatically.

The white female officer, Julie Casper, immediately began yelling at the group of predominantly middle-aged black folks. "The next person to touch the Plexiglas, swear, or raise their voice will go to jail for disorderly conduct," Casper purportedly bellowed at the group. "I want you all to shut up and behave yourselves."

The Cannons were taken aback by the hostility. Lois attempted to make the case that it wasn't necessary for the officer to use such a belligerent tone. The response from Officer Casper: "I will use whatever tone I damn well please."

James attempted to intervene, explaining to the officer that they'd been waiting for close to an hour. This tack didn't work either. "I don't care if you've been waiting four days," the officer yelled back.

At this point the Cannons decided to leave. Lois wrote down the female officer's badge number and informed her that they'd be filing a complaint regarding her conduct.

"It was very intimidating," recalls Lois. "It was like out of a movie. To the point where you didn't feel safe being in that room with her doing what she was doing."

As the Cannons prepared to drive out of the Wrecker Services lot, the white male officer, Michael Meath, made a show of writing down the family's license plate number. The Cannons viewed this as a not-so-subtle threat.

"There was no reason for him to take our license plate," James says. "It wasn't our vehicle that had been impounded. We hadn't done anything wrong except to say we were going to go file a complaint."

Which they did. The family drove directly to the First Precinct police station in downtown Minneapolis and related their concerns to the sergeant on duty. They then filed a complaint with the city's civil rights department alleging that they'd been the victims of discriminatory treatment by the cops. They filed a similar grievance with the Minneapolis Civilian Review Authority (CRA).

This incident might have been just a footnote in the long chronicle of unfriendly interactions between the MPD and the city's black residents, but in this instance, the cops picked on the wrong family. James Cannon is a 56-year-old judge with the Office of Administrative Hearings and a retired Army lieutenant colonel. He also spent a decade serving on the city's Civil Rights Commission. His wife is a registered nurse and midwife. Their son is a student at the University of Minnesota.

"I just can't see her talking to a small group of mostly middle-aged, older white people and yelling and screaming at them like that," says James, a courtly man with a head of gray hair and a neatly trimmed moustache. "If a police officer acts like this in a non-threatening, non-hostile situation, what is she going to do in a real hostile situation? Draw her gun unnecessarily?"

In responding to the complaint, Officer Casper told an investigator with the city's civil rights department that she believed the harsh tone was necessary to control the crowd at the impound lot. But James Cannon bristles at this excuse. "I guess more than two black people constitutes a crowd," he says. "We weren't yelling and screaming. There was nothing to control."

In January, the civil rights department determined that probable cause existed that both officers had acted in a discriminatory manner. The two sides are now in a conciliation period, in which they'll try to reach an agreement on remedies. The Cannons are seeking a written apology from both officers, as well as a note from Police Chief Tim Dolan acknowledging that their conduct was out of line. The Cannons also want a letter of reprimand placed in each officer's personnel file and unspecified monetary damages. (The MPD did not return phone calls seeking comment.)

If the MPD isn't willing to take those actions, the Cannons may file a civil rights lawsuit. "We're not trying to make a federal case out of this," James says. "But we're going to see it through to the end because we feel that strongly about it."

Url: http://articles.citypages.com/2008-02-27/news/judge-and-wife-allege-harassment-by-minneapolis-police/
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