LOS ANGELES—Two Los Angeles Sheriff’s deputies who were assigned to the Men’s Central Jail have been indicted on federal civil rights charges that accuse them of illegally using force against an inmate and then attempting to cover up the incident with false reports that formed the basis of a false prosecution initiated against the victim.
A federal grand jury late yesterday returned a four-count indictment against two deputies who were assigned to the 3000 floor of the jail.
The indictment charges Joey Aguiar, 26, and Mariano Ramirez, 38. Both men will be issued summonses directing them appear in federal court for arraignments on March 6.
According to the indictment, Aguiar and Ramirez illegally used force against the victim—who is identified in the indictment as BP—during an incident in the jail on February 11, 2009. While the victim was handcuffed and secured with a “waist chain,” the deputies allegedly punched and kicked the victim before using pepper spray on him. The defendants also are accused of striking him with flashlight.
Soon after the attack, the deputies allegedly wrote false reports designed to cover up the illegal use of force. Those bogus reports formed the basis of a referral to the Los Angeles County District Attorney’s Office for potential criminal prosecution of the victim.
The indictment charges both defendants with conspiring to violate civil rights and with deprivation of rights under color of law that caused bodily injury. Each of these charges carry a statutory maximum penalty of 10 years in federal prison.
The indictment also charges Aguiar with one count of falsification of records for submitted a report that allegedly “falsely stated, among other things, that victim-inmate BP had attempted to head butt deputy Aguiar’s face and that victim-inmate BP violently kicked at deputy Aguiar” when the victim had done neither. Ramirez is also charged with falsification of records for submitting a report that falsely stated the victim had “viciously kicked his legs at deputies.” The charge of falsification of records carries a statutory maximum penalty of 20 years in prison.
Previously in this investigation, 18 current and former Los Angeles County Sheriff’s Deputies were indicted on various corruption and civil rights offenses (see: http://www.justice.gov/usao/cac/Pressroom/2013/143.html). All of those previously charged have pleaded not guilty and are scheduled for trial later this year.
The investigation into the Los Angeles County Sheriff’s Department, which is ongoing, is being conducted by the Federal Bureau of Investigation.
Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts
Monday, February 10, 2014
Friday, January 24, 2014
Former East Haven Police Officer Sentenced to Five Years in Prison for Criminal Civil Rights Violations
Deirdre M. Daly, United States Attorney for the District of Connecticut, and George Venizelos, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation, announced that former East Haven Police Officer Dennis Spaulding, 30, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by one year of supervised release, for violating the civil rights of members of the East Haven community.
“Dennis Spaulding repeatedly violated the civil rights of Latino members of the East Haven community,” said U.S. Attorney Deirdre Daly. “He arrested people for no good reason, used cruel and excessive force causing physical injuries, and executed illegal searches. His actions assaulted, intimidated, demeaned, and humiliated decent and hardworking people who came to fear their own police department. Today’s sentence properly reflects that this defendant abused vulnerable victims, undermined the legitimacy of the East Haven Police Department, and damaged the public’s trust in law enforcement. This is a difficult day, but we are reminded that every day the vast majority of officers in East Haven and throughout this country serve their communities bravely and honorably. As this case nears the end, we remain hopeful that the East Haven community will continue to heal and their police department will continue to rebuild.”
“Spaulding’s efforts to harass, intimidate, and humiliate members of the East Haven community violated the rights afforded to them by our Constitution,” said FBI Assistant Director in Charge Venizelos. “Furthermore, his unethical behavior and illegal conduct threatened the character of a law enforcement community whose members take an oath to protect and serve with honor and integrity. Today’s sentencing is a step forward in restoring the public’s trust and a reminder that this type of dishonorable behavior will not go unpunished.”
This matter stems from a criminal investigation into members of the East Haven Police Department using excessive force during arrests, conducting unconstitutional searches and seizures, and filing false police reports. As a result of the investigation, Spaulding, Sergeant John Miller and Officers Jason Zullo and David Cari were charged with various civil rights offenses.
According to the evidence presented during the trial of Spaulding and David Cari, from approximately 2007 through 2011, Spaulding conspired to injure, threaten, and intimidate various members of the East Haven community in violation of their Constitutional rights. Spaulding and other members of the East Haven Police Department maintained and perpetuated an environment where the use of unreasonable force and unreasonable searches and seizures was tolerated and encouraged. Spaulding engaged in unlawful arrests and searches, including the baseless arrests of a Catholic priest and several Latinos who lived or worked in the community. Additionally, Spaulding used excessive force during an arrest when the victim was unarmed, neither resisting nor interfering with the police. Certain victims were particularly vulnerable because they were undocumented aliens and thus unlikely to raise objection to the abuse.
The evidence at trial further revealed that Spaulding intimidated, harassed, and humiliated members of the Latino community and their advocates and conducted unreasonable and illegal searches at Latino-owned businesses. Trial testimony established that in November 2008, Spaulding used excessive force against an individual in the parking lot of a Latino-owned restaurant and bar. Spaulding then arrested the individual under false pretenses to cover-up the assault and prepared a false report to justify the false arrest. Later, in January 2009 in the same parking lot, Spaulding and another officer arrested three individuals under false pretenses. Spaulding also prepared a false report to justify these arrests.
In February 2009, Spaulding and David Cari illegally searched a vehicle parked outside of a Latino-owned grocery store. Inside the store, David Cari then arrested a Catholic priest, who is also an advocate for Latinos, on false pretenses. The officers then conducted an illegal search of the back room of the store in an effort to unlawfully seize the store’s video recording equipment. In the days following the arrest, Cari drafted various false versions of an arrest report to cover up the false arrest of the religious leader.
On October 21, 2013, Spaulding was found guilty of one count of conspiracy against rights, one count of use of unreasonable force by a law enforcement officer, two counts of deprivation of rights for making arrests without probable cause, and two counts of obstruction of a federal investigation for preparing false reports to justify the false arrests.
Spaulding, who has been released on a $300,000 bond since his arrest on January 24, 2012, was ordered to report to prison on March 4.
Cari was found guilty of one count of conspiracy against rights, one count of deprivation of rights for making an arrest without probable cause, and one count of obstruction of a federal investigation for preparing a false report. On January 21, 2014, he was sentenced to 30 months of imprisonment.
On October 23, 2012, Jason Zullo pleaded guilty to one count of obstruction stemming from his filing of a false police report in order to prevent a possible excessive force investigation. On December 16, 2013, he was sentenced to 24 months of imprisonment.
On September 21, 2012, John Miller pleaded guilty to one count of violating an individual’s civil rights by using unreasonable force during the course of an arrest. He awaits sentencing.
This matter has been investigated by the Civil Rights Squad of the FBI’s New York Field Office and is being prosecuted by Assistant U.S. Attorney Krishna R. Patel and Senior Litigation Counsel Richard J. Schechter.
“Dennis Spaulding repeatedly violated the civil rights of Latino members of the East Haven community,” said U.S. Attorney Deirdre Daly. “He arrested people for no good reason, used cruel and excessive force causing physical injuries, and executed illegal searches. His actions assaulted, intimidated, demeaned, and humiliated decent and hardworking people who came to fear their own police department. Today’s sentence properly reflects that this defendant abused vulnerable victims, undermined the legitimacy of the East Haven Police Department, and damaged the public’s trust in law enforcement. This is a difficult day, but we are reminded that every day the vast majority of officers in East Haven and throughout this country serve their communities bravely and honorably. As this case nears the end, we remain hopeful that the East Haven community will continue to heal and their police department will continue to rebuild.”
“Spaulding’s efforts to harass, intimidate, and humiliate members of the East Haven community violated the rights afforded to them by our Constitution,” said FBI Assistant Director in Charge Venizelos. “Furthermore, his unethical behavior and illegal conduct threatened the character of a law enforcement community whose members take an oath to protect and serve with honor and integrity. Today’s sentencing is a step forward in restoring the public’s trust and a reminder that this type of dishonorable behavior will not go unpunished.”
This matter stems from a criminal investigation into members of the East Haven Police Department using excessive force during arrests, conducting unconstitutional searches and seizures, and filing false police reports. As a result of the investigation, Spaulding, Sergeant John Miller and Officers Jason Zullo and David Cari were charged with various civil rights offenses.
According to the evidence presented during the trial of Spaulding and David Cari, from approximately 2007 through 2011, Spaulding conspired to injure, threaten, and intimidate various members of the East Haven community in violation of their Constitutional rights. Spaulding and other members of the East Haven Police Department maintained and perpetuated an environment where the use of unreasonable force and unreasonable searches and seizures was tolerated and encouraged. Spaulding engaged in unlawful arrests and searches, including the baseless arrests of a Catholic priest and several Latinos who lived or worked in the community. Additionally, Spaulding used excessive force during an arrest when the victim was unarmed, neither resisting nor interfering with the police. Certain victims were particularly vulnerable because they were undocumented aliens and thus unlikely to raise objection to the abuse.
The evidence at trial further revealed that Spaulding intimidated, harassed, and humiliated members of the Latino community and their advocates and conducted unreasonable and illegal searches at Latino-owned businesses. Trial testimony established that in November 2008, Spaulding used excessive force against an individual in the parking lot of a Latino-owned restaurant and bar. Spaulding then arrested the individual under false pretenses to cover-up the assault and prepared a false report to justify the false arrest. Later, in January 2009 in the same parking lot, Spaulding and another officer arrested three individuals under false pretenses. Spaulding also prepared a false report to justify these arrests.
In February 2009, Spaulding and David Cari illegally searched a vehicle parked outside of a Latino-owned grocery store. Inside the store, David Cari then arrested a Catholic priest, who is also an advocate for Latinos, on false pretenses. The officers then conducted an illegal search of the back room of the store in an effort to unlawfully seize the store’s video recording equipment. In the days following the arrest, Cari drafted various false versions of an arrest report to cover up the false arrest of the religious leader.
On October 21, 2013, Spaulding was found guilty of one count of conspiracy against rights, one count of use of unreasonable force by a law enforcement officer, two counts of deprivation of rights for making arrests without probable cause, and two counts of obstruction of a federal investigation for preparing false reports to justify the false arrests.
Spaulding, who has been released on a $300,000 bond since his arrest on January 24, 2012, was ordered to report to prison on March 4.
Cari was found guilty of one count of conspiracy against rights, one count of deprivation of rights for making an arrest without probable cause, and one count of obstruction of a federal investigation for preparing a false report. On January 21, 2014, he was sentenced to 30 months of imprisonment.
On October 23, 2012, Jason Zullo pleaded guilty to one count of obstruction stemming from his filing of a false police report in order to prevent a possible excessive force investigation. On December 16, 2013, he was sentenced to 24 months of imprisonment.
On September 21, 2012, John Miller pleaded guilty to one count of violating an individual’s civil rights by using unreasonable force during the course of an arrest. He awaits sentencing.
This matter has been investigated by the Civil Rights Squad of the FBI’s New York Field Office and is being prosecuted by Assistant U.S. Attorney Krishna R. Patel and Senior Litigation Counsel Richard J. Schechter.
Monday, December 2, 2013
Clay County Jail Administrator Indicted for Violating Inmates’ Civil Rights
BIRMINGHAM—A federal grand jury today indicted the former jail administrator of the Clay County Detention Center for violating the civil rights of four inmates by using his authority to sexually abuse or otherwise deprive the inmates of their constitutional rights, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
An indictment filed in U.S. District Court charges JEFFREY SCOTT COTNEY, 48, of Ashland, with eight counts of deprivation of rights under color of law between May 2009 and spring 2010 while he worked as Clay County’s jail administrator.
"It is unacceptable for law enforcement officers who are entrusted with police powers to sexually abuse inmates," Vance said. "People convicted of crimes are to be punished by the justice system according to the rule of law. They should not be subjected to a deprivation of their constitutional rights by one who abuses the power of his badge for personal gratification."
The first four counts of the indictment charge Cotney with coercing an inmate to submit to a sexual act on four separate dates between May 2009 and September 2009. Count five charges Cotney with depriving that same inmate of his liberty, without due process of law, by withdrawing the inmate’s application for acceptance into a community corrections program in Barbour County in order to keep the man confined in the Clay County Detention Center. Cotney falsely represented the inmate’s interest in the community corrections program and withdrew his application for the program without the inmate’s knowledge, according to the indictment.
Counts six and seven charge Cotney with directing two inmates, one in August 2009 and the other in spring 2010, to disrobe and then rubbing the tattoos on their bodies, thereby depriving them of their constitutional rights to be free from unreasonable searches and to possess bodily privacy and integrity.
Count eight charges Cotney with depriving a fourth inmate of his right to be free from cruel and unusual punishment by falsely accusing the inmate of possessing contraband, ordering him into lockdown for 45 days, and having him transferred to a state prison, all in retaliation for the man rejecting a sexual proposition from Cotney.
Cotney could face a total of eight years in prison on all counts charged.
The FBI and the Alabama Bureau of Investigation investigated the case, which Assistant U.S. Attorney Tamarra Matthews Johnson is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent and it is the government’s responsibility to prove guilt beyond a reasonable doubt at trial.
An indictment filed in U.S. District Court charges JEFFREY SCOTT COTNEY, 48, of Ashland, with eight counts of deprivation of rights under color of law between May 2009 and spring 2010 while he worked as Clay County’s jail administrator.
"It is unacceptable for law enforcement officers who are entrusted with police powers to sexually abuse inmates," Vance said. "People convicted of crimes are to be punished by the justice system according to the rule of law. They should not be subjected to a deprivation of their constitutional rights by one who abuses the power of his badge for personal gratification."
The first four counts of the indictment charge Cotney with coercing an inmate to submit to a sexual act on four separate dates between May 2009 and September 2009. Count five charges Cotney with depriving that same inmate of his liberty, without due process of law, by withdrawing the inmate’s application for acceptance into a community corrections program in Barbour County in order to keep the man confined in the Clay County Detention Center. Cotney falsely represented the inmate’s interest in the community corrections program and withdrew his application for the program without the inmate’s knowledge, according to the indictment.
Counts six and seven charge Cotney with directing two inmates, one in August 2009 and the other in spring 2010, to disrobe and then rubbing the tattoos on their bodies, thereby depriving them of their constitutional rights to be free from unreasonable searches and to possess bodily privacy and integrity.
Count eight charges Cotney with depriving a fourth inmate of his right to be free from cruel and unusual punishment by falsely accusing the inmate of possessing contraband, ordering him into lockdown for 45 days, and having him transferred to a state prison, all in retaliation for the man rejecting a sexual proposition from Cotney.
Cotney could face a total of eight years in prison on all counts charged.
The FBI and the Alabama Bureau of Investigation investigated the case, which Assistant U.S. Attorney Tamarra Matthews Johnson is prosecuting.
The public is reminded that an indictment contains only charges. A defendant is presumed innocent and it is the government’s responsibility to prove guilt beyond a reasonable doubt at trial.
Tuesday, October 22, 2013
East Haven Police Officers Found Guilty of Federal Civil Rights Offenses
Deirdre M. Daly, Acting United States Attorney for the District of Connecticut, and George Venizelos, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation, today announced that a federal jury in Hartford has found East Haven Police Officer Dennis Spaulding and former East Haven Police Officer David Cari guilty of conspiring to violate and of violating the civil rights of members of the East Haven community. The trial before U.S. District Judge Alvin W. Thompson began on September 23, and the jury returned its verdict today.
“This prosecution and the jury’s swift and unambiguous verdict should send a very strong message that there is no place in law enforcement for anyone who abuses power or victimizes defenseless individuals,” stated Acting U.S. Attorney Daly. “No one is above the law, and no one is beneath the law’s protection. The illegal behavior detailed during the course of this trial chips away at the public’s trust in all members of law enforcement, the vast majority of whom serve honorably and bravely each and every day. I want to thank the FBI agents who have tirelessly investigated this matter and our prosecution team for achieving this successful result under especially difficult circumstances. Since these charges were announced, the East Haven Police Department, under the direction of the Justice Department, has made great strides to purge itself of unlawful and unethical behavior within it ranks and change the way it does business. It is our expectation that new policing policies will ensure that this kind of conduct is part of East Haven’s past, not its future.”
“As Mr. Spaulding and Mr. Cari learned today, no one is above the law,” stated FBI Assistant Director in Charge Venizelos. “Law enforcement takes an oath to protect and serve our communities. We are, and rightfully should be, held to a higher standard. It is unconscionable when law enforcement, anywhere, breaks that vow. Today, these defendants find themselves guilty of violating the very rights for which this country was founded. There is no excuse for law enforcement who betrays the public’s trust.”
According to the evidence presented during the trial, from approximately 2007 through 2011, Spaulding and Cari, together with other East Haven Officers, conspired to injure, threaten, and intimidate various members of the East Haven community in violation of their Constitutional rights. The defendant officers maintained and perpetuated an environment where the use of unreasonable force and unreasonable searches and seizures was tolerated and encouraged. Defendants Spaulding and Cari engaged in unlawful arrests and searches, including the baseless arrests of a Catholic priest and several Latinos who lived or worked in the community. Additionally, Spaulding used excessive force during arrests when victims were unarmed, neither resisting nor interfering with the police. Certain victims were particularly vulnerable because they were undocumented aliens and thus unlikely to raise objection to the abuse.
The evidence at trial further revealed that Spaulding intimidated, harassed, and humiliated members of the Latino community and their advocates and conducted unreasonable and illegal searches at Latino-owned businesses. Trial testimony established that in November 2008, Spaulding used excessive force against an individual in the parking lot of a Latino-owned restaurant and bar. Spaulding then arrested the individual under false pretenses to cover up the assault and prepared a false report to justify the false arrest. Later, in January 2009 in the same parking lot, Spaulding and another officer arrested three individuals under false pretenses. Spaulding also prepared a false report to justify these arrests.
In February 2009, the defendant officers illegally searched a vehicle parked outside of a Latino-owned grocery store. Inside the store, Cari then arrested a Catholic priest, who is also an advocate for Latinos, on false pretenses. The officers then conducted an illegal search of the back room of the store in an effort to unlawfully seize the store’s video recording equipment. In the days following the arrest, Cari drafted various false versions of an arrest report to cover up the false arrest of the religious leader.
The jury found Spaulding and Cari guilty of one count of conspiracy against rights, which carries a maximum term of imprisonment of 10 years and a fine of up to $250,000. In addition, Spaulding was found guilty of one count of use of unreasonable force by a law enforcement officer, which carries a maximum term of imprisonment of 10 years and a fine of up to $250,000. Spaulding was found guilty of two counts and Cari of one count of deprivation of rights for making arrests without probable cause. Each of these counts carries a maximum term of imprisonment of one year and a fine of up to $100,000. Finally, Spaulding was found guilty of two counts and Cari of one count of obstruction of a federal investigation for preparing false reports to justify the false arrests. Each of these counts carries a maximum term of imprisonment of 20 years and a fine of up to $250,000.
Judge Thompson has scheduled sentencing for January 21, 2014.
Two other former members of the East Haven Police Department have been convicted as a result of the investigation. On September 21, 2012, Sergeant John Miller pleaded guilty to one count of violating an individual’s civil rights by using unreasonable force during the course of an arrest. On October 23, 2012, Officer Jason Zullo pleaded guilty to one count of obstruction stemming from his filing of a false police report in order to prevent a possible excessive force investigation.
Miller and Zullo await sentencing.
This matter is being investigated by the Civil Rights Squad of the FBI’s New York Field Office. The case is being prosecuted by Assistant U.S. Attorney Krishna R. Patel and Senior Litigation Counsel Richard J. Schechter.
“This prosecution and the jury’s swift and unambiguous verdict should send a very strong message that there is no place in law enforcement for anyone who abuses power or victimizes defenseless individuals,” stated Acting U.S. Attorney Daly. “No one is above the law, and no one is beneath the law’s protection. The illegal behavior detailed during the course of this trial chips away at the public’s trust in all members of law enforcement, the vast majority of whom serve honorably and bravely each and every day. I want to thank the FBI agents who have tirelessly investigated this matter and our prosecution team for achieving this successful result under especially difficult circumstances. Since these charges were announced, the East Haven Police Department, under the direction of the Justice Department, has made great strides to purge itself of unlawful and unethical behavior within it ranks and change the way it does business. It is our expectation that new policing policies will ensure that this kind of conduct is part of East Haven’s past, not its future.”
“As Mr. Spaulding and Mr. Cari learned today, no one is above the law,” stated FBI Assistant Director in Charge Venizelos. “Law enforcement takes an oath to protect and serve our communities. We are, and rightfully should be, held to a higher standard. It is unconscionable when law enforcement, anywhere, breaks that vow. Today, these defendants find themselves guilty of violating the very rights for which this country was founded. There is no excuse for law enforcement who betrays the public’s trust.”
According to the evidence presented during the trial, from approximately 2007 through 2011, Spaulding and Cari, together with other East Haven Officers, conspired to injure, threaten, and intimidate various members of the East Haven community in violation of their Constitutional rights. The defendant officers maintained and perpetuated an environment where the use of unreasonable force and unreasonable searches and seizures was tolerated and encouraged. Defendants Spaulding and Cari engaged in unlawful arrests and searches, including the baseless arrests of a Catholic priest and several Latinos who lived or worked in the community. Additionally, Spaulding used excessive force during arrests when victims were unarmed, neither resisting nor interfering with the police. Certain victims were particularly vulnerable because they were undocumented aliens and thus unlikely to raise objection to the abuse.
The evidence at trial further revealed that Spaulding intimidated, harassed, and humiliated members of the Latino community and their advocates and conducted unreasonable and illegal searches at Latino-owned businesses. Trial testimony established that in November 2008, Spaulding used excessive force against an individual in the parking lot of a Latino-owned restaurant and bar. Spaulding then arrested the individual under false pretenses to cover up the assault and prepared a false report to justify the false arrest. Later, in January 2009 in the same parking lot, Spaulding and another officer arrested three individuals under false pretenses. Spaulding also prepared a false report to justify these arrests.
In February 2009, the defendant officers illegally searched a vehicle parked outside of a Latino-owned grocery store. Inside the store, Cari then arrested a Catholic priest, who is also an advocate for Latinos, on false pretenses. The officers then conducted an illegal search of the back room of the store in an effort to unlawfully seize the store’s video recording equipment. In the days following the arrest, Cari drafted various false versions of an arrest report to cover up the false arrest of the religious leader.
The jury found Spaulding and Cari guilty of one count of conspiracy against rights, which carries a maximum term of imprisonment of 10 years and a fine of up to $250,000. In addition, Spaulding was found guilty of one count of use of unreasonable force by a law enforcement officer, which carries a maximum term of imprisonment of 10 years and a fine of up to $250,000. Spaulding was found guilty of two counts and Cari of one count of deprivation of rights for making arrests without probable cause. Each of these counts carries a maximum term of imprisonment of one year and a fine of up to $100,000. Finally, Spaulding was found guilty of two counts and Cari of one count of obstruction of a federal investigation for preparing false reports to justify the false arrests. Each of these counts carries a maximum term of imprisonment of 20 years and a fine of up to $250,000.
Judge Thompson has scheduled sentencing for January 21, 2014.
Two other former members of the East Haven Police Department have been convicted as a result of the investigation. On September 21, 2012, Sergeant John Miller pleaded guilty to one count of violating an individual’s civil rights by using unreasonable force during the course of an arrest. On October 23, 2012, Officer Jason Zullo pleaded guilty to one count of obstruction stemming from his filing of a false police report in order to prevent a possible excessive force investigation.
Miller and Zullo await sentencing.
This matter is being investigated by the Civil Rights Squad of the FBI’s New York Field Office. The case is being prosecuted by Assistant U.S. Attorney Krishna R. Patel and Senior Litigation Counsel Richard J. Schechter.
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