Posts Tagged ‘Prosecutor’

Arizona Man Sues Prosecutor for Wrongful Arrest that Kept him in Jail for Two Months

Friday, January 5th, 2018

Imagine spending two months in jail for a robbery that you didn’t commit. Well, that is exactly what happened to an Iowa man after he was falsely charged with first-degree robbery.
Now he is suing the prosecutor that threw him in jail.
Joseph McBride, 23, was arrested for his assumed role in a January 2017 home invasion robbery in Cedar Rapids, Iowa.
McBride was in Phoenix at the time of his August 2017 arrest, several months after the original crime was committed.
And he showed authorities a time-stamped cell phone selfie proving he was in Arizona at the time of the Iowa home invasion, but they remained steadfast that they had the right guy.
MeBride is from Cedar Rapids but he moved to Phoenix in November 2015.
He was one of three people arrested for the crime.
Linn County Attorney Jerry Vander Sanden is the prosecutor that brought charges on McBride. Sanden alleged in court documents that social media posts and phone records suggested that McBride was involved in the home invasion robbery.
Sanden says the charge was based on a, “good-faith belief that the victim was correct in the identification.”
But as it turns out, the only evidence Sanden and police relied on was the victim pointing to a facebook photo of McBride, claiming he was involved in the crime.
The victim, identified as 27-year-old Tristan Hermann, told police that an acquaintance he knew as Elizabeth came to his apartment. Two men then forced their way in Hermann’s apartment, beating him with a handgun, and stealing his money and cellphone.
Hermann identified the woman as 22-year-old Elizabeth Navarro and said she set him up.
Hermann, who is bipolar, told police days later that he “had done his own investigation” and concluded the men involved were Navarro’s boyfriend, Austin Foster, and a man with the Facebook name “Jody Holliday.”
Police used photos and

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Texas Cop Just Indicted On First Degree Murder For Killing Unarmed Teen With AR-15

Monday, July 17th, 2017

An unarmed Texas teenager was shot and killed, which led a Dallas County grand jury to return a first-degree murder indictment against the police officer who killed him.
Balch Springs cop Roy Oliver shot and killed Jordan Edwards with an AR-15 rifle.
Now he’s facing 99 years in prison.
Oliver was already charged with two counts of aggravated assault, but Dallas County DA Faith Johnson’s office just announced new charges this afternoon, while the officer is still out on a $700,000 bond.
“It’s very important to let our community know that justice is proceeding effectively… at the Dallas County DA’s Office,” said Dallas County DA Faith Johnson in a press release embedded below, “This is the very first time we have issued an arrest warrant for a police officer before the case was presented to a grand jury.”
Initially, Balch Springs Police Chief Jonathan Haber defended the officer by falsely advising the public that Edwards was menacing the cop, then fired Oliver two days later only after viewing the dash cam footage proving that the officer had fired at the vehicle as it sped away.
Then Oliver’s parents blamed PTSD for the officer’s murderous use of an official firearm.
Jordan Edwards was an above average student, whose only crime was attending a house party when Officer Oliver was called to the scene.
There’s no real answer why Edwards fired at the teenagers because he was responding to a call about drunk people on foot.
No arrests were made by Officer Oliver.
In fact, Edwards’ car was never even stopped by the Balch Springs cop.
Jordan Edwards was riding in the front passenger seat of his 16-year old brother’s car when they discovered he’d been hit in the head by a bullet and was already dead when they arrived at a hospital.
The boys were all part of the same football team and decided to leave the party when Oliver

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Miami-Dade Prosecutor Loses Landmark Right To Record Case In Federal Court

Monday, July 17th, 2017

A Florida man won the right to surreptitiously record police officers while making internal affairs complaints without the threat of prosecution when he defeated the Miami-Dade State Attorney’s Office (SAO) in a federal appeals court ruling.
Prosecutors tried to censor the citizen, who published his incriminating recording of a police chief.
A lower court erred by agreeing with Miami-Dade State Attorney Katherine Fernandez Rundle when she sent a written threat of prosecution under Florida’s wiretapping statute to Dr. Eric McDonough, for making a secret recording and publishing it on to YouTube, in a video which you can see below.
Federal judges on the 11th Circuit Court of Appeals said “the government’s threatened prosecution has no basis in the law,” vindicating an important right to record for the public.
Nineteen million Floridians will benefit directly from the published ruling.
And a police chief just lost his “get out of jail free” card from the local prosecutor with whom his department works.
The Homestead Police Department’s Chief Alexander Rolle, and internal affairs Officer Antonio Acquino, were under a Florida Department of Law Enforcement (FDLE) investigation which stalled, when the SAO’s letter declared Dr. McDonough’s recording unlawful, and therefore inadmissible in court.
Now, criminal investigators will have to re-open the case against a Chief of Police desperate to cover up the crimes his department committed, by committing, even more, crimes against a citizen whose only crime, was filing a legitimate grievance over his treatment by a uniformed public official.
Even Miami’s largest police union boss thinks that the Chief belongs in jail:
“We are hoping to see some arrests out of this,” said John Rivera, president of the Dade County Police Benevolent Association, the union that represents Homestead’s rank-and-file officers. “The chief should go to jail. The captain should go to jail. And [Aquino] should go to jail.”
Since then Dr. McDonough founded the True Homestead page on Facebook where

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EXCLUSIVE: Miami’s Top Prosecutor Busted Censoring Darren Rainey Protesters

Monday, June 5th, 2017

Miami-Dade County’s State Attorney Katherine Fernandez-Rundle is censoring at least 100 of her critics on Twitter, including a dozen accounts either named Darren Rainey or with the deceased man’s profile image.
We have pictures to prove it.
It all started when the prosecutor sent a tweet about freedom.
This exclusive report is based upon public records requested from the Miami-Dade SAO’s office under Florida’s Sunshine Law, including their social media policy, which as it turns out does not specify that a public official in their office has any allowance to censor citizens by blocking access to their public posts.
Miami residents are in an uproar after the veteran prosecutor decided not to charge Rainey’s captors at a state prison rife with abuse.
When government actors block critics on social media, it may violate both the state of Florida and federal constitution, both of which protect the right to petition the government.
State Attorney Fernandez-Rundle is facing intense public criticism after she declined to prosecute the four Florida state prison guards who left Darren Rainey – a non-violent offender – locked in a scalding hot shower with external temperature controls for over 90 minutes until he was found dead.
Rainey’s post-mortem body temperature was estiamted at 109 degrees.
The prosecutor’s office didn’t  initially wish to respond to our records request, writing, “We have no responsive records to your second request.”
But we shared an image provided by Navy Corpsman Daniel Suarez proving that Miami’s top prosecutor was censoring citizens, so they relented and delivered a dozen images, which may not even be the complete list.
“Florida public officials should always turn over these kinds of lists if they do in fact exist because they’re a matter of serious public interest,” says Faudlin Pierre, a Florida attorney who has filed suit to obtain social media records, “I commend the State Attorney for promptly releasing this critical document.”

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California Man Shot by Cops Trying to Prove “Cops are Good” Charged with Attempted Murder

Saturday, December 31st, 2016

The California man who stepped out of a car during a traffic stop wielding a rifle to prove cops are good people and would not shoot him not only ended up getting shot multiple times.
He is now being charged with attempted murder.
That means Jose Vaca is now facing a possible life sentence in prison.
But chances are, Vaca will still maintain his positive attitude towards police.
After all, even after he was shot at least nine times by a Bakersfield police officer on December 19, he still told reporters that he still believes there are good cops out there.
And while that may be up for debate, there is no question there are terrified cops out there who are trained to treat citizens as enemy combatants.
So it’s stupid to step out of the car with a loaded rifle during a traffic stop, even if you do not aim it at them.
After all, how many have people have been shot for stepping out of a car holding a phone? Or reaching for a cane? Or reaching for their wallet after being ordered to do so?
Add that to the fact that the Bakersfield Police Department is considered the “deadliest” police department in the country and you are embarking on a suicide mission.
But Vaca, 29, already a convicted felon and alleged gang member who was not allowed to own a gun, was under the impression that by stepping out of the car with a loaded rifle, he would be welcomed warmly by police who would thank him for showing them the gun instead of making them search his car for it.
He was initially charged with 11 criminal counts, including being in possession of a firearm as a convicted felon and participating in a criminal street gang.
But Kern County District Attorney William Schlaerth added an attempted murder charge during  Vaca’s

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California DA Prosecuting Man for DUI, Even Though He Only Tested Positive for Caffeine

Wednesday, December 28th, 2016

Despite only testing positive for caffeine, a California prosecutor is pursuing DUI charges against a man arrested during a traffic stop last year.
Solano County District Attorney Krishna Abrams admits it will be a “very difficult challenge” to convict the man. Especially considering she has absolutely no evidence.
But since when did lack of evidence ever stop a prosecutor from moving forward with an unlawful arrest?
Meanwhile, Joseph Schwab, 36, is having to needlessly spend money on an attorney to keep himself out of jail for driving under the influence of caffeine.
However, Abrams insists she is not prosecuting him for driving under the influence of caffeine. She just believes he was under the influence of another drug that was not detected in the blood test.
What that may be is anybody’s guess but so far, two laboratories have analyzed Schwab’s blood and have only detected caffeine.
Nevertheless, Abrams points out that the arresting officer, Alcohol Beverage Control Agent Michelle Ott, is “qualified as an expert in DRW (drug recognition evaluation),” according to a press release, which is a must read for its absurdity.
Agent Ott has also received an award from Mothers Against Drunk Driving, so maybe that makes her even more of an expert.
But let’s not forget how another California cop who also won awards from MADD for his aggression in arresting drunk drivers is now serving a jail sentence for shooting and killing a drunk driver, so even experts get it wrong sometimes.
Schwab’s arrest took place on August 5, 2015 when Alcohol Beverage Control Agent Michelle Ott pulled over Schwab after noting he was “weaving in and out of traffic almost causing several collisions.”
Using her expertise, Ott noticed Schwab appeared “highly agitated, ‘amped up,’ and his pupils were dilated,” according to Abrams press release.
These are symptoms of caffeine, of course, but we’re not the experts here,

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North Carolina Cop who Killed Keith Lamont Scott will not be Charged, DA Announces

Wednesday, November 30th, 2016

A North Carolina district attorney announced no charges will be filed against Charlotte-Mecklenburg police officer Brentley Vinson in the September shooting death of Keith Lamont Scott, which sparked several nights of riots.
Witnesses and family members said Scott was unarmed, but Mecklenburg County District Attorney Andrew Murray said he pulled out a gun from an ankle holster and held it at his side, refusing to drop it despite several commands by several officers.
Vinson, who is black, was the only cop to open fire, according to a full report of the investigation, which you can read here.
It all started on September 20 when police were searching for a suspect with an outstanding warrant at The Village at College Downs.
Vinson was working undercover inside a car when he spotted Scott smoking a joint and holding a gun inside his own car, which made him fear for his life.
When police ordered Scott out of the car, Vinson became even more scared.
“I felt like if I didn’t do anything right then at that point it’s like he…he was gonna shoot me or he’s gonna shoot one a my buddies, um, and it was gonna happen right now,” he explained to investigators.
Investigators say the gun Scott was holding was a Colt .380 with one round in the chamber and the safety turned off, but with no magazine inside the gun.
They say they not only found Scott’s DNA on the gun but evidence that he had purchased the gun for $100 from another man, despite having a felony record making it illegal to own firearms.
Although several witnesses stated at the time that Scott was holding a book when he was shot, police say no book was recovered at the scene.
Protests and Riots
Protesters took to the streets and highways demolishing everything in their paths; even setting sections of interstates ablaze and

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Missouri Man Remains Imprisoned Despite Police Commissioner and Prosecutor Saying he is Innocent

Tuesday, November 22nd, 2016

A Kansas City man who has been in prison for two decades for a double murder has long claimed he is innocent.
And now a Kansas City Police commissioner as well as a former prosecutor who have reviewed his case are also saying he is innocent.
But Missouri Attorney General Chris Koster said it’s too late for Ricky Kidd because he did not appeal it in time.
However, the Midwest Innocence Project, a nonprofit organization dedicated to exonerated innocent people imprisoned for crimes they did not commit, is fighting to get him freed.
Kidd is serving two life sentences at a maximum security prison in Cameron, Missouri without the possibility of parole for the 1996 double murder of two men.
Ricky Kidd was getting a gun permit at the time of the murders.
There is no physical or forensic evidence linking Kidd to the murder in which three men killed two men in a drug ripoff.
In fact, one of the convicted killers testified that Kidd was not involved in the double murder.
And the four-year-old daughter of one of the victims who witnessed the murders did not identify him as one of the killers.
Also, Kidd was at the Jackson County Sheriff’s Department on the same day of the murders, according to records.
However, his attorney at the time failed to obtain the VHS surveillance video showing him at the sheriff’s office.
But records show they conducted a criminal background search on Kidd at 1:37 p.m. that day, just over two hours after the 11:30 a.m. murder.
The only reason he became a suspect was because police received an anonymous tip saying he was one of the killers, which appears to have been placed by one of the actual killers, according to the Midwest Innocence Project.
The murders took place on February 6, 1996 when three men wearing black skull caps robbed and murdered George

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Texas Attorney General Begins Collecting Police Shooting Data For First Time

Friday, October 9th, 2015

Everything is bigger in Texas, including the count of police shooting at citizens.
For the first time, the Texas Attorney General will begin collecting data on the numerous times cops fire at suspects due to legislation by the Texas House of Representatives.
The terse statement Texas Attorney General’s official website explains more:
The Office of the Attorney General (OAG) will be adopting and publishing reporting forms for Officer-Involved Shooting Incidents, as required by H.B. 1036, 85th Leg., R.S. (2015), which became effective September 1, 2015.  Until the OAG has adopted and published a final version of the form, and rules governing its completion and submission, all law enforcement agencies should begin using this interim form in accordance with the instructions contained therein.
Anyone who’s investigated a police shooting in Texas is familiar with the Texas AG’s office, as public records law in that state allows cops to deny every single request. Nearly every request in Texas is then forwarded to their Attorney General, who typically grants the requests which would otherwise require litigation, but still gives requestors a 45-90 day way to obtain any information.
It remains to be seen what the Texas Attorney General’s office will release from these police shooting forms.
The new “PEACE OFFICER INVOLVED INJURIES OR DEATH REPORT” form (embedded below) asks 13 different questions from simple ones like the reason for the call, ages and genders of those involved, but there’s one question sure to generate the most controversy and leave police scrambling to avoid reporting.
Lucky question number 7 reads:
7. INJURED OR DECEASED PERSON: Carried, exhibited or used a deadly weapon or Did not carry, exhibit or use a deadly weapon
In mandating required reporting under the new law, Texas’ new police shootings reporting law exceeds federal law. The FBI still only counts justifiable homicides as we recently reported in PINAC.
The nation’s police

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Texas Sheriff and DA Blame Black Lives Matter Movement for Death of Deputy

Monday, August 31st, 2015

The month of August has been a tough one for police departments across the country as five officers lost their lives in the line of duty due to gunfire, according to the Officer Down website. These shooting deaths have sent Harris County District Attorney Devon Anderson and Sheriff Ron Hickman on a campaign to discredit …
The post Texas Sheriff and DA Blame Black Lives Matter Movement for Death of Deputy appeared first on PINAC.

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Texas Police Captain Linked to Ashley Madison Leak Commits Suicide

Tuesday, August 25th, 2015

San Antonio Police Captain Michael Gorhum, who shot himself to death Thursday, has now been linked to the massive Ashley Madison hacking leak that has exposed millions of email addresses of users who had signed up for the extramarital dating site, expecting confidentiality. Another man in Canada also reportedly committed suicide after his email surfaced. …
The post Texas Police Captain Linked to Ashley Madison Leak Commits Suicide appeared first on PINAC.

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