tagged w/ Misconduct
The lawyers representing Jodi Arias, who is standing trial for killing her former boyfriend Travis Alexander, have filed a brief on prosecutorial misconduct because the prosecuting attorney, Juan Martinez, has been seen outside the court after trial signing autographs and having his picture taken with court spectators. According to witnesses some of the jury in the trial have been outside and observed the grand-standing by Martinez.
Read more here:
http://www.examiner.com/article/jodi-arias-lawyers-file-motion-alleging-prosecutorial-misconductThe lawyers representing Jodi Arias, who is standing trial for killing her former... more
By Davy V.
On August 15, 2012 Wayne County Sheriff's deputies, along with Macedon, NY Police
broke into 75 year old Phyllis Loquasto's Plank Road home in the town of Walworth, NY, forced her at gunpoint to lay on her bathroom floor, screamed at her to close her eyes and stay down, then executed her dog "Duke."
Minutes earlier, Loquasto, who has had three strokes and a knee replacement, was on her computer when she heard loud smashing sounds, then saw what she described as several men dressed in black with masks on.
As she was laying on her bathroom floor Loquasto could hear the men talking in loud voices."The dog hadn't even barked, yet I heard one of them say, he's aggressive, shoot him! I'll never forget the sound of that gunshot and the blood flying everywhere. They did all this while forcing me to lay on the bathroom floor, screaming at me to stay down, and holding me at gunpoint. I couldn't get up if I wanted to. I'm 75 years old, had three strokes and knee replacement, and can hardly walk. There was nothing I could do to help my pet."
Unfortunately, Duke died a slow death. "They shot him with a shotgun in such a manner that he ran around in pain and bled all over the house and suffered a slow, cruel death. There was no reason for this kind of treatment, they killed my dog for no reason. This was the sweetest and most gentle animal anyone could want, I would trust him with a baby."
As you can see in the photo above, Duke did indeed suffer, bleeding out throughout the house, leaving a trail of blood in the hallways, stairs, walls and bedrooms, including on the bed where he used to sleep in.
Afterwards, Phyllis Loquasto was taken outside and placed inside a police car for over an hour in the heat.
It was then when officers showed her a search warrant, and it was then that Loquasto realized who these masked men who had just broke into her home, held her at gunpoint, screamed at her and executed her dog were -- police officers.
The 75 year old Loquasto was so afraid, she urinated on herself.
As a filmmaker, writer and activist exposing police misconduct and corruption, hearing stories of police officers abusing and violating innocent citizens' rights is nothing new.
In fact I receive an average of 20-25 calls weekly from people who either themselves, or a loved one, has been abused, harassed, or assaulted by law enforcement.
But I must admit, to hear of a 75 year old lady having been terrorized in her own home by a bunch of rogue, thugs in uniforms and masks, in a "home invasion-like" style, before executing her dog, left me speechless.
I Called Macedon, NY police and asked to speak to a public information officer. The woman who answered the phone asked me "What's that?" I explained to her it's usually a department official who is in charge of communicating with the press.
She replied "We don't have that."
I then proceeded to tell her about the incident with Duke, and before I could finish, she angrily cut me off and said "I'm sure if a grandmother would have been held down at gunpoint, I would have heard about that."
She then abruptly transferred me to the Chief, with whom I left a message on his voicemail.
About an hour later, I received a call from Macedon, NY Police Chief John P. Colella.
After I thanked him for getting back to me, Chief Colella laughed and said "The media campaign continues."
I asked Chief Colella what he meant by that comment, but he completely ignored my question.
I then asked the Chief exactly what law enforcement agencies were present at the Plank Road residence.
Chief Colella said that a search warrant was executed by the Wayne County Narcotics Enforcement Team (WayneNET) on the residence.
He also said that he is the Task Force Commander.
Chief Colella told me that his task force seized several marijuana plants from the location, which he said belonged to Phyllis Loquasto's grandson.
He explained that the WayneNET team consists of the Wayne County, NY Sheriff's office, Macedon, NY Police, Clyde, NY Police, Lyons, NY Police, Newark, NY, Palmyra, NY Police, Sodus Point, NY Police, Wolcott, NY Police and the Wayne County, NY District Attorney's office.
Chief Colella confirmed that the only person inside the location was 75 year old Phyllis Loquasto.
Having sensed an obvious sense of sarcasm on the Chief's part, with his earlier comment, about the "media campaign continues", as well as what I would describe as the non-chalant, hesitant, and "careful" tone of his voice, not giving many details, I decided to get down to brass tacks with the Chief.
I asked him about police officers holding down a 75 year old grandmother at gunpoint on her bathroom floor, and it was clear that Chief Colella wasn't comfortable answering my question.
But perhaps more interesting, he never denied officers doing this to Loquasto.
Instead, Chief Colella made sure to choose his words very carefully, stating that all he would say is that she (the grandmother) was "held in place" by officers.
Again, when I asked Chief Colella if in fact officers with his WayneNET task force held a 75 year old grandmother at gunpoint on her bathroom floor, Chief Colella replied "I don't care if she is 2 years old or 75 years old."
I think Chief Colella must have realized that his statement would not look good, so he decided to do some 'damage control' by quickly adding "We needed to secure the location and since there was a dangerous animal, we were holding her down for her own safety."
Are you kidding me?
"Holding her down for her own safety?"
Duke was her pet!
After a few more minutes of talking with Chief Colella, it became more and more clear that as is common with law enforcement officials, especially in cases of misconduct and abuse, the "cover-up" had already begun, and Chief Colella, along with his WayneNET task force, clearly have their story which they have every intention of sticking to.
UPDATE: Almost a month after this incident, the Rochester, N.Y. Democrat and Chronicle newspaper is doing a story.
Reporter Justin Murphy told me that a friend of his sent him an email with the link to this blog, my original story on this case, and that the editors at the newspaper decided to do a story.
Contact Macedon, NY Police Chief John P. Colella and let him know how you feel.
Macedon, NY Police Chief and WayneNET Commander John P. Colella (315) 986-4121
or (315) 986-7436 E-mail: firstname.lastname@example.org
WayneNET Sgt. Roger LaClair (315) 947-9711 / WayneNET Chief Deputy Bob Hetzke (315) 946-9711By Davy V.
On August 15, 2012 Wayne County Sheriff's deputies, along with... more
8 months ago
(11/05/2012) http://current.com/technology/93952291_gatorgait-update-keepandshare-com-engages-in-unnecessary-censorship-and-in-doing-so-the-company-in-effect-aids-the-criminal-co-conspirators.htm , and
This pertains to public corruption that has extended to the 2012 election process. It once again involves Florida. The public should be aware.
The above webpage is constantly updated as new developments arise. It is the gateway to some serious corruption and a major cover-up attempt.
FYI, this matter also relates to the “Gibson Case” and the matter has grown to the point that the resultant scandal now involves several people. Some of those involved are as follows:
David P. Kreider, Alachua County Court Judge (see http://circuit8.org/kreider )
Martha Ann Lott, Ex - Chief Judge for the 8th Judicial Circuit of Florida (see http://circuit8.org/lott ) [Embattled Martha Lott resigned from her chief judge post subsequent to becoming embroiled in this scandal which has started to implode; her resignation was announced on 04/09/2012 and was reported to have gone into effect on 04/05/2012.]
*For information about Martha Lott’s resignation see
-"The Gainesville Sun” article dated 04/09/2012 at http://www.gainesville.com/article/20120409/ARTICLES/120409606
-8th Judicial Circuit of Florida official press release dated 04/10/2012 at https://circuit8.org/web/news/4-10-12%20Chief%20Judge%20Roundtree.pdf
Spencer Mann, Chief Investigator for the 8th Judicial Circuit of Florida’s State Attorney’s Office (see http://sao8.org/Chief%20Investigator.htm )
J.K. “Buddy” Irby, Alachua County Clerk (& Clerk of Court) / Clerk of the Circuit Court for the 8th Judicial Circuit of Florida (see http://www.alachuacounty.us/Depts/Clerk/Pages/Clerk.aspx/ )
William “Bill” Cervone, State Attorney for the 8th Judicial Circuit of Florida (see http://sao8.org/ABOUT%20WILLIAM%20CERVONE.htm )
Denise R. Ferrero, Alachua County Court Administrative Judge (see http://circuit8.org/ferrero )
Ted McFetridge, Court Administrator for the 8th Judicial Circuit of Florida (see http://circuit8.org/court-administrator )
Robert Roundtree, Chief Judge for the 8th Judicial Circuit of Florida (see http://circuit8.org/roundtree )[he replaced Martha Lott in April 2012 upon her resignation]
Pam Carpenter, Alachua County Supervisor of Elections (see http://www.myfloridaelections.com/fsasedir.php?detail=Y&County=Alachua )
Paula M. DeLaney, Chair of the Alachua County Board of County Commissioners (see http://www.alachuacounty.us/Depts/BOCC/Profiles/Pages/Delaney.aspx )
Polly Cheshire, Alachua County Court Program Specialist
Everything stated here and at the above referenced "source webpage" is true and supported by two irrefutable reports and extensive corroborating evidence that is in the possession of agencies, including those within Florida’s 8th Judicial Circuit (and the Chief Judge’s office and Chief Investigator Spencer Mann of the State Attorney's Office). The comprehensive reports and evidence span a total of more than 100 pages and in-depthly detail criminal activities carried out under the color of law by criminal/judge David P. Kreider and various other co-conspirators. As indicated above, serious corruption and a major cover-up attempt is in play.
Last revised 04/01/2013UPDATES:
1 year ago
San Ramon, CA: 19 year old 125 lbs, unarmed man was beaten, tasered twice, collapsed lung, eye hemorrhaged, fractured ribs - even after he was face down on the ground surrendering.San Ramon, CA: 19 year old 125 lbs, unarmed man was beaten, tasered twice, collapsed... more
Unfortunately, what happened to medical marijuana patient Edward Boyke, Jr last month in Michigan is hardly an aberration as NORML still receives calls and emails nearly every day from lawful medical marijuana patients being terrorized by local and federal drug agents, often destroying their legal supply of medical cannabis and cultivation equipment–effectively making the arresting cops prosecutor, judge and jury.
Thankfully, in Saginaw Michigan, post this embarrassing incident with Mr. Boyke, police seem to now ‘get it’.
Only patients and advocacy groups (like the nearly 30 NORML chapters in Michigan and other pro-reform organizations in the state, such as Americans for Safe Access) are working to keep law enforcement honest and respectful of the needs of medical cannabis patients.
Question: Is the Saginaw County Sheriff’s Department and DEA going to compensate Mr. Boyke to the tune of $7,000 after they illegally destroyed his private property?
MORE ON LINK
Image= http://media.mlive.com/saginawnews_impact/photo/r1--3ajpg-6677aeb4c4c08b34_large.jpgUnfortunately, what happened to medical marijuana patient Edward Boyke, Jr last month... more
Mother snubs apology from son's psychiatrist
A WOMAN violently attacked by her son after he left a mental health unit has rejected an apology from the psychiatrist who released him.
Schizophrenic Gerard Avrili, 39, battered his mother with a spade just hours after Dr Andrea Tocca signed him out of Plymouth's Glenbourne unit.
The psychiatrist apologised for what he called a "severe error" at a General Medical Council hearing reviewing the case.
Dr Tocca was found guilty of misconduct by the GMC in 2008 — two years after the attack. The panel allowed him to keep his job but imposed a string of conditions on his practice for 18 months.
With that period at an end, the GMC last week lifted all restrictions, leaving him to practice medicine without supervision.
Constance Avrili, Gerard's mother, told The Herald that she was disgusted with the decision and spurned Dr Tocca's apology.
The 69-year-old, of St Budeaux, said: "As far as I'm concerned, sorry means nothing. My son is more the victim than I am. I have survived, I'm free but he's still locked up. I don't know what will happen to him.
"What little quality of life he had is gone. He finds it very hard to live with what he did to me."
Mrs Avrili said she is disappointed the 15 restrictions have been lifted from Dr Tocca's registration.
"It's disgusting," she said. "I find it incredible that he was found guilty of misconduct and now is considered fit to practise as a consultant psychiatrist.
"I have done everything in my power to get justice and I don't consider the fact that he's kept his position as a consultant as justice for my son."
Dr Tocca apologised to Mrs Avrili through the GMC on Friday, saying: "First of all, I would like to start by asking the panel to convey my personal and sincere apologies for (Mrs Avrili), who was the victim of my misconduct.
Dr Tocca, who was working for NHS Plymouth in April 2006, discharged Mr Avrili after he had just attacked a fellow Glenbourne patient, the General Medical Council was told.
Shortly after arriving home in St Budeaux, the schizophrenic told Mrs Avrili: "I know what I have to do to you" and battered her with a spade. She suffered severe head injuries.
http://www.thisisplymouth.co.uk/news/Mother-snubs-apology-son-s-psychiatrist/article-2170777-detail/article.htmlMother snubs apology from son's psychiatrist
A WOMAN violently attacked by her... more
A Richmond psychiatrist has been fined $15,000 for "ethically inappropriate" conduct, officials said yesterday.
Between 2005 and 2009, Dr. Mayer Nelken oversaw a patient's repetitive transcranial magnetic stimulation at a MindCare clinic in Toronto, said the B.C. College of Physicians and Surgeons. The treatment for depression is a non-invasive method of brain stimulation.
Nelken violated Medical Practitioners Act for failing to get college consent.
"His rental arrangements with MindCare constituted a conflict of interest and were ethically inappropriate," officials said. "He had no experience or expertise in that area of practice."
Nelken has lost his full registration with the college.
Read more: http://www.timescolonist.com/health/Mainland+psychiatrist+fined+over+conduct/3041365/story.html#ixzz0oJt1Szl8A Richmond psychiatrist has been fined $15,000 for "ethically inappropriate"... more
David Spates talks about and shows a story he saw of Police Brutality at the University of Maryland. A Student ,John McKenna, 22 is Beat Up by police after After Duke basketball Game & Cops Try To Cover it Up. Check out David's many other sketch comedy and vlog videos on his youtube page "LaughAndPeeAlittle"David Spates talks about and shows a story he saw of Police Brutality at the... more
The first half of the day is coming to a close, but before you run off to grab lunch take a look at a few of the recently featured stories on Current.com.
On matters of health care, filmmaker/documentarian Michael Moore advises Democrats to "find your spine." He directed this at the Democrats in Congress that he feels have been "dogging" the health care debate. What's your take? Join the conversation here.
Hot on the heels of the U.S. being called 'climate illiterate', we're learning that even more utility companies are backing out of the U.S. Chamber of Congress as the global warming legislation debate continues to heat up in Congress.
The defections began when PG&E Chairman and CEO Peter Darbee sent a sharply worded two-page letter outlining why the privately owned utility, which provides gas and electricity to 15 million customers from Eureka to Bakersfield, is pulling out of the chamber, which represents 3 million large and small businesses across the country and has one of the most powerful lobbying operations in Washington.
Darbee, who has invited leading climate scientists to meet with PG&E's board of directors in recent years, was particularly alarmed that the chamber recently requested a public "trial" to weigh the scientific evidence that global warming endangers human health.
"We find it dismaying that the Chamber neglects the indisputable fact that a decisive majority of experts have said the data on global warming are compelling and point to a threat that cannot be ignored," Darbee wrote. "In our view, an intellectually honest argument over the best policy response to the challenges of climate change is one thing; disingenuous attempts to diminish or distort the reality of these challenges are quite another."
Weigh in on this story here
The Washington Times has revealed that employee porn surfing is apparently out of control at the National Science Foundation. Here's what you need to know:
6 out of 10 misconduct cases involve online pornography.
One Sr. Exec was found to have spent 331 days either viewing porn, or participating in XXX webchats with women via his computer.
The NSF received $6 billion in taxpayer funding in 2008.
Feel like chiming in about this? You can join the conversation on Current.com by clicking here.The first half of the day is coming to a close, but before you run off to grab lunch... more
The justices of the Supreme Court struggled Wednesday to figure out whether they should allow lawsuits against prosecutors for framing a suspect. Iowa prosecutors, backed by the federal government and prosecutors across the country, contend that there is "no freestanding constitutional right not to be framed."
For most Americans, that's a breathtaking proposition. For Terry Harrington and Curtis McGhee, it's more than that.
The men, both African-American, served 25 years of a life term before the Iowa Supreme Court overturned their convictions for murder. The state's highest court said that the key witness against them was a known "liar and perjurer," and that prosecutors had withheld evidence that pointed to a different suspect in the crime. Harrington and McGhee sued, contending that police and prosecutors had worked to frame two teenagers from across the state line, while ignoring good evidence that implicated a white suspect who was the brother-in-law of the local fire chief.
Reasons For Immunity
Representing the Iowa prosecutors, lawyer Stephen Sanders says there are good reasons for prosecutorial immunity. Without it, he says, there would be a flood of lawsuits. "What you'll have is that everyone who believes that they were wrongly convicted will file lawsuits, and prosecutors will do nothing all day but defend themselves against meritless litigation," Sanders says.
On the steps of the Supreme Court on Wednesday, though, Harrington said he is more worried about the victims of prosecutorial misconduct. "I know what happened to me," he said. "And there should be concern about it because it's not OK to frame someone for murder in the United States."
When Harrington was arrested, he was 17, captain of his high school football team, and being recruited for a possible scholarship at Yale. Less than two years later, convicted by an all-white jury, he was sentenced to life without parole. "The very first day I went to prison, I was devastated," Harrington recalled on Wednesday. "I cried, and I cried, and I cried. But you have to stay focused. This is what I was looking forward to. Being right here, right now, today, is what kept me all those 25 years I was in prison."
Harrington sat with his daughter and girlfriend as the lawyer for the prosecutors pointed to a long line of Supreme Court decisions that say prosecutors are immune from civil lawsuits for their actions at trial. The question posed was whether prosecutors who work side by side with police at the investigative stage of a case are also immune, even though the police are not.
Separating Case's Investigative, Trial Phases
Sanders, the prosecutors' lawyer, told the justices that it is impossible to separate the investigative phase of a case from the trial because without a conviction, there is no deprivation of liberty for the defendant, and he has no legal claim that his constitutional rights were violated.
Justice Anthony Kennedy immediately pointed to a 1993 Supreme Court ruling that said prosecutors can be sued for their actions before charges are filed. "Your case here is just a polite way of telling us we wasted our time" in that decision, said Kennedy, that we were "just spinning our wheels?"
Justice Sonia Sotomayor, who spent five years as a Manhattan prosecutor, also seemed unsympathetic. Why can't you separate the fabrication of evidence pre-trial, she asked, from the use of the evidence at trial?
Because, said Sanders, it all leads to the wrongful conviction at trial, and under established law, a prosecutor is free to willfully bring criminal charges based on "good evidence, bad evidence, or no evidence at all." The established law, said Sanders, is that the prosecutor is immune regardless.
Justice Ruth Bader Ginsburg was skeptical. If this fabrication had not occurred, she observed, there never would have been any trial at all.
U.S. Government Position
Siding with the prosecutors in court Wednesday was the U.S. government, represented by Deputy Solicitor General Neal Katyal. Like Sanders, Katyal asserted there is no constitutional right not to be framed.
If prosecutors are immune, asked Justice Antonin Scalia, how do you get the policeman who has fabricated evidence? Sanders replied that the policeman is liable because he is passing the fabricated evidence to an "innocent prosecutor."
Kennedy followed up, asking, "What if the prosecutor knows the evidence is fabricated?" Sanders said that even then, the prosecutor would be immune from any lawsuit.
So, said Kennedy, "the more aggravated" the wrong, "the greater the immunity."
That prompted Sanders to say that prosecutors shouldn't have to worry at trial about being sued or else they would "flinch" and "not introduce evidence." Sotomayor seemed incredulous: "You want to send that message?" she asked. Don't you want prosecutors "not merely to flinch, but to stop when they believe evidence is fabricated?"
At this point in the argument, it looked like there might be at least five votes against the prosecutors in this case.
The worm seemed to turn a bit, though, when Paul Clement, former solicitor general in the Bush administration and now the lawyer for the wronged defendants, tried to define where to draw the line on prosecutorial immunity.
Leading the charge against Clement's position were Chief Justice John Roberts and Justice Samuel Alito, both recent Bush appointees. Alito, who served for seven years as a federal prosecutor, asked the most practical question. Suppose, for example, a prosecutor is investigating an insider-trading case, and the chief financial officer tells one story, then under pressure, tells another, and in exchange for a lighter sentence, implicates the CEO of the company. Could the prosecutor be sued later?
What is missing in that scenario, Clement replied, is fabricated evidence, and any action by the prosecutor prior to indictment.
Alito theorized that the defense might view the evidence as fabricated, and, he observed, the prosecutor, before taking the case to the grand jury, may well want to "look the witness in the eye" to see whether he is "credible."
"I'm worried about what Justice Alito brought up," chimed in Justice Stephen Breyer. "All things being equal, I think it's probably a good thing to get prosecutors involved in the questioning process" early. "That has kind of a check on police."
Clement replied that if you don't have probable cause to arrest an individual, then police and prosecutors should be engaging in the "truth-seeking function." But once you have probable cause to believe this is the person "whodunit," then the prosecutor has a job to do, to put on a case, and at that point, he has immunity for his actions.
By the end of the argument, all that was clear was that this was a case of line-drawing to make the justices squirm.
http://www.radiorebelde.cu/cinco/imagenes/cinco-infografia-09.jpgThe justices of the Supreme Court struggled Wednesday to figure out whether they... more
St. Petersburg Times
Tampa psychologist loses license after state says he had sex with a patient
Tuesday, January 26, 2010
A Tampa psychologist who billed a patient's insurance company for treating her when he actually was having sex with her has had his license suspended in an emergency action by state health officials.
Daniel R. Lerom, 49, also repeatedly received prescription painkillers from the patient, a Florida Health Department investigation found. Lerom charged the patient's insurer, Blue Cross Blue Shield of Florida, more than $1,400 for "specialty consults" when, in fact, the pair were meeting for sex. The woman, a Lakeland resident who first saw Lerom for marriage counseling in 1995, was not named in the state's report.
The state's investigation reports Lerom stopped providing therapy in early February last year and the two started a sexual relationship shortly thereafter…
Under Florida law, a psychotherapist "who commits sexual misconduct with a client or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact," commits a felony.
http://tinyurl.com/sex-patientSt. Petersburg Times
Tampa psychologist loses license after state says he had sex... more
This video is Part one of a full length documentary, produced by Awakening the Underground.
The story takes place in Rochester New York and is probably one of the most corrupt incidents to ever take place in our life time.
Mr. Timothy Bowman; who is the fiance of the victim; hired journalists, investigators and advocates to expose the truth behind this tragic incident.This video is Part one of a full length documentary, produced by Awakening the... more
44 year old ambulance worker Karl Harris has been charged with misconduct in a public office after he reportedly neglecting a dying man.44 year old ambulance worker Karl Harris has been charged with misconduct in a public... more
4 years ago