Cop accused of taking nude photos at tanning salon asks for more time to answer suit

Cop accused of taking nude photos at tanning salon asks for more time to answer suit

A suspended Edwardsville police officer accused of using his cell phone to take a nude video of a woman at the Image Sun Tanning Salon in Glen Carbon says he needs additional time to prepare an appropriate response to a lawsuit filed against him.

Michael Collins, who was criminally charged on April 5 with three counts of unauthorized video recording by the Madison County Sheriff's Department, also faces a civil lawsuit brought by alleged victim Kimberli Moore.

Collins filed a motion June 21 for extension of time to respond to the lawsuit against him.

Moore sued on May 16 in Madison County Circuit Court over an incident she claims took place on April 3 at the Edwardsville Crossing tanning salon.

Collins, 46, was suspended with pay on April 5.

"...Michael R. Collins knew that a high probability existed that this conduct would cause severe emotional distress and said conduct did, in fact, cause severe emotional distress to plaintiff," the complaint states.

Collins was served the complaint on May 25. He has requested up to July 25 to respond to the complaint.

Moore is represented by William L. Wimmer of Wimmer, Stiehl and McCarthy in Belleville.

She also is suing the tanning salon owner, JWKW Enterprises, claiming it failed to construct its booths with walls that extended high enough to prevent the conduct at issue in the complaint.

Collins is being represented by Gordon Broom and Benjamin Power of HeplerBroom in Edwardsville.

Madison County Circuit Judge David Hylla is assigned to the case

Madison County case number 12-L-686

Former Pittsburgh officer charged with coercion may seek work, go to synagogue

An Allegheny County judge today permitted a fired Pittsburgh police officer accused of trying to coerce women into sex acts to look for a job, visit the doctor and attend synagogue while he remains on house arrest.

Common Pleas Judge David Cashman said Adam Skweres, 34, of Lincoln Place may leave his home from 11 a.m. to 1 p.m. on Tuesdays, Thursdays and Saturdays for 30 days. Five women have accused Skweres of using his badge to coerce them into sex acts. He is charged with bribery and multiple counts of coercion, official oppression and indecent assault.

“After that, there are no more windows,” Cashman said.

Common Pleas Judge Edward J. Borkowski in March said Skweres could no longer leave his house a day after he met with reporters at his attorneys’ Downtown office.

Skweres’ defense attorneys Phil DiLucente and James Ecker said their client is running out of money and needs to pay his mortgage and lawyer’s fees. They said he wasn’t able to attend an unemployment compensation hearing because he is on house arrest.

They argued he is not a threat to the public.

“He doesn’t have his badge or his weapon. Everyone knows he’s not a police officer anymore,” DiLucente said.

A preliminary hearing for the fifth victim is scheduled for July 10.

DiLucente said he has filed a motion scheduled for Aug. 14 to have separate trials for each of the victims’ complaints. Prosecutors said they want to hear all the cases at the same time.

Deputy sued for courthouse assault

 Deputy sued for courthouse assault

Sheriff's department conducts internal hearing

PROVIDENCE, R.I. (WPRI) - An internal hearing by the Rhode Island Sheriff’s Department has begun to investigate an alleged assault by a deputy inside The Garrahy Judicial Complex in Providence.

Nicholas Alahverdian claims he was ‘struck twice, had his arms twisted and was shoved against the wall’ by an unnamed deputy.

“I did not provoke him in any way,” Alahverdian said.

Alahverdian, who filed a civil lawsuit on his own behalf, said there were two separate confrontations with the deputy in 2011, one in February and one in March.

He said the first one happened after he tried to enter a courtroom to talk with a clerk.

According to the lawsuit, Alahverdian was ‘screamed at by the deputy in the hallway, who was also swearing and acting in a volatile manner’.

Alahverdian recorded a brief segment of that first incident on his cell phone, prompting the officer to demand that he give him the device.

“You can’t confiscate my phone,” Alahverdian is heard saying on the short clip. “Yes I can,” the officer replies. “No you can’t,” Alahverdian argues during an apparent struggle. “Watch,” the officer yells right before the recording ends.

“He then threatened to assault me in the elevator if I didn’t give him the phone,” Alahverdian said.

‘A few weeks later’, Alahverdian returned to court and was confronted again by the deputy who again demanded to see his phone. That is when he claims he was assaulted.

“Plaintiff was struck twice,” Alahverdian wrote in his lawsuit. “Plaintiff had his arms twisted. Plaintiff was violently shoved against the wall.”

Alahverdian said the incident was witnessed by several people including Paul Labonte who told Target 12 he testified during the Sheriff’s Department internal hearing.

“I saw the officer’s elbow and forearm pull back and then quickly thrust forward causing him (Alahverdian) to cry out,” Labonte told Target 12.

Alahverdian said he has not been contacted by the Sheriff’s Department but is relieved an internal hearing is underway.

“He did not act professionally,” Alahverdian said. “To further the goal of the Sheriff's department, to keep people safe.”

A Sheriff’s Department official said the internal hearing will continue but he did not know when.

Judge upholds charge against Modesto cop

MODESTO -- A judge Wednesday denied a motion to overturn a grand jury indictment against a former Modesto police officer accused of sexually assaulting a woman inside a motel room earlier this year.

Stanislaus County Superior Court Judge Linda McFadden said that testimony from the alleged victim was enough to obtain a criminal grand jury indictment against Lee Freddie Gaines, 27. He has been charged with oral copulation by force, being armed with a firearm while committing a sexual offense, sexual battery and assault under color of authority.

The judge based her ruling on the alleged victim's testimony and other evidence presented to the grand jury, which she said was sufficient to uphold the indictment even without the DNA evidence in this case.

I think the grand jury still would've reached the same conclusion," McFadden said in court.

The alleged victim, a 37-year-old woman, testified to the grand jury that she was working as a prostitute at the motel.

She has told The Bee she got a call for service, and the officer came to her motel room. She said the officer handcuffed her and demanded oral sex.

A prosecutor told the grand jury that the woman's saliva was found on the inside of a zipper on Gaines' uniform.

McFadden said the grand jurors found the woman's testimony credible, because the DNA evidence from the saliva only proves there was contact between the alleged victim and the defendant. The judge also said the DNA doesn't prove Gaines forced her into a sexual act, a prosecution theory that relies on other evidence presented to the grand jury.

Mary Lynn Belsher, Gaines' defense attorney, asked the judge to overturn the indictment, arguing that the prosecutor failed to present evidence that would have exonerated her client in the closed-door grand jury proceeding.

In her filed motion, Belsher pointed to statements from Gaines' former co-workers. The defense attorney argued that the six police officers told an investigator they had never seen Gaines act inappropriately with women; instead, he has treated women professionally and respectfully.

The judge said Wednesday the officers' statements would not have been much help to Gaines had the prosecutor presented it as character evidence in its entirety.

One officer told the investigator that Gaines occasionally exchanged phone numbers with women he met on duty and is a "pretty boy," with whom women often flirted and he flirted back.

Another officer told the investigator that he noticed Gaines spent "an inordinate amount of time" outside his patrol beat to be in downtown Modesto, "where younger ladies would gather to go to clubs," according to court documents.

The judge, however, determined that Chief Deputy District Attorney Dave Harris didn't provide the jurors sufficient information on how the DNA evidence was analyzed.

"I don't know what was used here, except for the response (to the motion to dismiss) from Mr. Harris," McFadden said in court. "It wasn't in the (grand jury) transcript."

Belsher argued that jurors never heard testimony that indicated that the DNA evidence was analyzed appropriately. Instead, the criminalists who testified jumped straight to their conclusions.

"(Harris) used it over and over again to prove to the grand jury that Mr. Gaines was guilty," Belsher argued in court.

At the end of Wednesday's hearing, Belsher told McFadden she plans to appeal the court's ruling.

The defendant, who is free on bail, is scheduled to return to court July 16 for a pretrial hearing.

Ex-Officer Admits to Rape

Ex-Officer Admits to Rape

A former New York City police officer pleaded guilty Thursday to raping a teacher at gunpoint, three months after a jury that convicted him on other charges deadlocked on rape counts.

Michael Pena's guilty plea to the rape counts spares the victim, who was 25 years old at the time of the August 2011 attack, from having to testify again in court during a new trial.

In March, a jury found Mr. Pena, 28, guilty of three counts of criminal sex act and three counts of predatory sexual assault. But jurors told the judge they couldn't come to an agreement on two rape counts and two counts of predatory sexual assault associated with the rape accusations.

Under an agreement with prosecutors Thursday, Mr. Pena's sentence for the rape-related counts will run concurrent with his current prison term.

He is already serving a minimum 75-year sentence and is almost certain to spend the rest of his life behind bars: the former police officer won't be eligible for parole before he is 103.

During the trial, Mr. Pena's defense attorney never disputed that a sexual assault occurred. His lawyer had argued instead that there hadn't been intercourse, which is required to prove rape under state law.

The defense attorney also argued that the off-duty police officer had been drunk and didn't remember the incident.

On Thursday, Mr. Pena pleaded guilty to snatching the victim off the street in Inwood last year and raping her in the courtyard of a building. He used his New York Police Department-issued pistol to threaten the woman, who was on her way to the first day at a new job as a schoolteacher.

Manhattan District Attorney Cyrus Vance Jr., in a statement made following Thursday's court appearance, noted that Mr. Pena "took responsibility for his violent criminal actions and will serve up to life in prison."

"This plea spares the victim from testifying again about the crimes committed against her, and it is my hope this resolution brings a brave young teacher a measure of justice and closure," Mr. Vance added.

Mr. Pena had been an NYPD officer for three years at the time of the attack. He was fired immediately after his conviction in March.

Walmart won’t hire you?

Walmart won’t hire you?

Do you have thoughts of suicide?

Are you sure your wives is cheating on you can’t prove it?

Do you get sexually aroused by hurting people and animals?

Are you angry your father didn’t pay any attention to you? Hell, are you just plain angry?

Thought about college but just too lazy to work that much?

Do you fear your attraction to the same sex and don’t know what do about?

THEN YOU BE A CANDIDATE FOR THE FAIRFAX COUNTY CITIZENS POLICE ACADEMY!

Learn Law Enforcement from behind the Scenes

The Fairfax County Police Department is accepting applications for the Citizens Police Academy, which teaches residents about

- How to vaguely threaten reporters who ask for the name of cop who gunned down an unarmed citizen.

-How to kill and beat and falsely arrest people of color so it looks like you were only doing your job!

-How to avoid interacting with citizens who may actual fight back and sue you!

-Best of all….you can get away with all of it!  That’s right, you can get away with anything!

-The board of supervisors intimidated by us they vote down oversight and say and do nothing when we murder, rob, and beat citizens!

-Don’t believe it? Check our history. It speaks for itself.

APPLICANTS MUST LIVE OR WORK IN THE COUNTY EVEN THOUGH 86% OF US LIVE OUTSIDE THE COUNTY

The program, which is another over the top attempt by us at public relations, is offered free of charge because even though teachers have to bring their own crayons and chalk to work……we pretty much get whatever we want    (See above notation on Board of Supervisors)

Acceptance is subject to review of applicant’s criminal record and police contact history, which is code for we’re trying to keep this thing Lilly white.  

PARTICIPANTS WILL LEARN ABOUT THE DAILY CHALLENGES FACED BY POLICE OFFICERS INCLUDING:

Where to get free food.

How to shake down Korean massage parlors for free service. (especially the one’s run out of apartments in Reston) 

Places to hide while you’re supposed to be working.

Classes will be held on ten consecutive Thursday evenings from 6:30 p.m. to 10 p.m. at various police facilities throughout the county. If you miss a class, we don’t really care because this is all intended to keep our budget padded and make people thing that we aren’t resented and reviled across the county.

Davie cop accused of 2009 rape still waiting on second trial

Stephen Olenchak, the Davie officer accused of drugging and raping a family member in March 2009, is still waiting for a new trial date.

On Monday, Broward Circuit Judge Jeffrey Levenson said he may set a trial date at the next status hearing on July 11.

It will be Olenchak's second trial.

His attorney, Jim Lewis, expects it to begin sometime this summer.

In his first trial, jurors found him guilty in December 2010 on one charge of sexual battery by digital penetration and acquitted him of a second charge of penile penetration.

A judge was forced to declare a mistrial after a juror admitted to doing her own research on Wikipedia and bringing printouts to the jury room.

Olenchak was arrested in March 2009 by Davie police on charges he raped a family member, then 19, while his wife and 4-year-old son slept next to them in the same bed. Olenchak claimed the young woman seduced him.

In the upcoming trial, Olenchak will be tried on one count of sexual battery on a helpless victim, a first-degree felony with a maximum 30-year sentence.

In the first trial, Olenchak faced two charges of sexual battery, a second-degree felony with a maximum 15-year sentence.

Prosecutors upgraded the charge in January after Olenchak rejected a plea deal of three years.

Since his arrest, Olenchak has come to every hearing, but was not in court Monday.

In May, Levenson told Olenchak he was no longer required to attend status hearings.

"It's OK, your honor," Olenchak said. "I've got to be my best advocate. My life's on the line."

Olenchak, 37, remains employed by the Davie Police Department pending the trial's outcome.

Even if Olenchak is acquitted by a Broward jury, he might still lose his job if department brass determine he engaged in conduct unbecoming of an officer, Davie Police Capt. Dale Engle said.

Ga. officer charged in sex sting

Barrow County Sheriff Jud Smith said Cpl. Brian Kelly responded to an ad placed by an undercover Barrow County investigator who was posing as a prostitute

A man who once served as a spokesman for the Gwinnett County Police Department resigned in lieu of termination Tuesday after being charged with soliciting a prostitute in Barrow County.

 The arrest is the second scandal involving Cpl. Brian Kelly to emerge in the past two years.

 Kelly, who was reassigned to uniform patrol in 2010 after admitting he texted lewd photos of himself to a female intelligence analyst, was arrested on a pandering charge May 31 by the Barrow County Sheriff's Office.

 Kelly never told the Barrow deputies that he was a police officer, nor did he report the arrest to his supervisor, said the Gwinnett department's current spokesman, Cpl. Jake Smith.

 Barrow County Sheriff Jud Smith said Kelly responded to an ad placed by an undercover Barrow County investigator who was posing as a prostitute. He then arrived at a Winder motel where Smith alleges Kelly paid for a prostitution-related service.

 Kelly served as the public face and voice of the agency for about two years. But that ended in late 2010 when he became involved in another indiscretion.

 The department found evidence that Kelly, who is married, had sent lewd photos of himself to intelligence analyst Ja'net Sirles. The photos were taken at work, according to internal affairs records.

 Sirles also claimed that she had sex with Kelly on his desk in his office while he was in uniform.

 In a memo to Chief Charles Walters obtained by The Atlanta Journal-Constitution via an open records request, Kelly denied he ever had intercourse with Sirles. But he acknowledged exchanging lewd emails and photos with Sirles "at her request."

 "I have and do admit that I willfully participated in conduct that was unbecoming my standing as a Gwinnett County Police Officer," Kelly wrote in the memo.

 Sirles resigned in lieu of termination during the investigation.

 Walters at the time said he chose not to fire Kelly but to suspend him for 80 hours and remove him from the public information officer position. Kelly, who was hired in 2003, had never been accused of misconduct before the 2010 incident.

 Walters said he knows Kelly outside of work and that they were friends. Walters said he was disappointed by the recent events.

 "He was given an opportunity and he made a mistake and he's paid tremendously for it," Walters said.

Calif. jury finds ex-police officer guilty of rape

RANCHO CUCAMONGA, Calif. (AP) - A former police detective who blamed the antidepressant Zoloft for his behavior was found guilty Wednesday of kidnapping and raping a waitress at gunpoint in a brutal attack.

A San Bernardino County jury will now have to determine whether Anthony Nicholas Orban was sane at the time of the attack.

Orban's attorney argued during trial that his client suffered a psychotic break because he was taking Zoloft and was effectively unconscious when he kidnapped the woman in the Ontario Mills mall parking lot in San Bernardino County.

Prosecutors say the off-duty officer used his service weapon to force the woman to drive to a self-storage lot, where he sexually assaulted her and shoved a gun in her mouth on April 3, 2010. The woman escaped when Orban was distracted by an incoming cellphone call, prosecutors said.

Deputy District Attorney Debbie Ploghaus declined to comment on the verdict, noting the sanity phase of the trial begins Tuesday.

Orban, a 32-year-old who served in the Marines in Iraq, had pleaded not guilty and not guilty by reason of insanity to eight counts, including kidnap and rape. Defense attorney James Blatt said the crux of the case is not the elements of the crime but whether his client was aware of what he was doing.

Blatt said his client had been taking Zoloft for six months, but had gone off the medication and recently restarted it. Orban does not recall the incident, Blatt said.

"This is something that appears to be totally out of character for him," Blatt said.

If Orban is found to have been sane, he could face a life sentence, Blatt said. If he is found to have been insane, he would be sent to a mental institution for treatment.

The woman, who was 25 at the time of the attack, testified that Orban sexually assaulted her, punched her, choked her, stuck a gun in her mouth and took cellphone photos of her. She told jurors that the attacker did not appear disoriented or unconscious, the San Bernardino Sun reported.

But she also testified that at the end of the attack, he looked at her and asked: "Who are you? How did I get here? Whose car is this?"

A friend of Orban's, Jeff Jelinek, testified against him. Prosecutors said the former prison guard and Orban had been drinking at the mall and Jelinek was standing next to Orban during the kidnapping and picked him up after the attack.

In a plea deal with prosecutors, Jelinek pleaded no contest last year to being an accessory, false imprisonment and assault.

Las Vegas police officer resigns amid charges he groped women during traffic stops

LAS VEGAS — A 33-year-old Las Vegas police officer suspended without pay and arrested on criminal charges after he was accused of groping women during traffic stops last year has resigned. The Las Vegas Sun (http://bit.ly/KGyxsj ) reports John Kingsley Norman tendered his resignation on Tuesday. He is still under internal investigation for allegedly instructing a woman he stopped for a minor traffic violation last June to unclasp her bra while he rubbed her breast. Norman is also accused of coaxing another woman he stopped in December to expose her breast before he let her go. Norman joined the force in 2008. He is scheduled to be arraigned on June 25.

Officer arrested on sexual misconduct charge

On May 9, 2012, Edmonds Police Department received a complaint alleging misconduct on the part of one of its officers. While on uniformed patrol duty May 7, 2012, the employee reportedly had sexual intercourse with a 28-year old Seattle woman who was in his temporary custody.

Due to the seriousness of the allegation the officer was immediately placed on administrative leave and his law enforcement authority was suspended.

At Edmonds Police Department request the Everett Police Department investigated the allegation and determined there was probable cause to believe that criminal conduct occurred.

June 7, at 11:10 a.m. the Edmonds Police Department was notified that Daniel Lavely had been arrested by Everett Police and booked at the Snohomish County Jail on one count of Custodial Sexual Misconduct in the First Degree, RCW 9A.44.160, a Class C Felony.

The 46-year old Lavely has been employed with the police department 7 ½ years, assigned to the Patrol Division.

Formal criminal charges are expected to be filed by the Snohomish County Prosecuting Attorney.

A determination as to Lavely’s employment status with the city will be made pending an Edmonds Police Department review of the entire investigatory file.

Gwinnett officer charged with soliciting prostitute

BARROW COUNTY, Ga. —

A Gwinnett County police officer was arrested in Barrow County on charges of pandering, which is soliciting an act of prostitution, authorities said.

Brian Kelly, the Gwinnett officer, who also served as the agency's spokesman, was arrested on May 31, but Gwinnett police officials did not learn of his arrest until Tuesday.

Barrow County Sheriff Jud Smith told Channel 2's Kerry Kavanaugh that he did not know Kelly was a police officer until Monday night.

The sheriff said Kelly's arrest was part of a sting operation with the Georgia Bureau of Investigation. He said an undercover deputy posed as a prostitute in an ad on online service listing Backpage.com, and arranged a meeting with Kelly at the Winder Best Western.

Smith said Kelly came to an agreement for services with the undercover officer and exchanged money before he was arrested.

Gwinnett County Police Cpl. Jake Smith said officers are required by policy to immediately report an arrest to their supervisors. As a result of Kelly’s failure to report his arrest to this department, he was served with a letter of intent to terminate his employment. Kelly resigned in lieu of termination Tuesday afternoon.

Kelly was a public information officer approximately two years, ending in late 2010. He had been employed as a Gwinnett police officer since October 2003.

Smith added that Barrow Sheriff's Department has received complaints about prostitution and pandering from area hotel management and guests. He also noted that the GBI is cracking down on Backpage.com specifically.

Edmonds Washington Police Officer Daniel Lavely Arrested

Edmonds Washington Police Officer Daniel Lavely Arrested, Suspended, And Charged After Sex With Woman In Custody Who Jaywalked – Used Patrol Car To Drive Her To Remote Location

EDMONDS, WASHINGTON – An officer with the Edmonds police force has been arrested after he allegedly had sex with a woman in his custody last month, officials said.

The officer, Daniel Lavely, 46, was arrested by Everett police Thursday morning and booked into the Snohomish County Jail for investigation of first-degree custodial sexual misconduct, a felony, following a month-long investigation.

Authorities originally launched the investigation May 9 after receiving an allegation that Lavely reportedly had sexual intercourse three days earlier with a 28-year old Seattle woman who was in his temporary custody while he was on duty.

Due to the seriousness of the allegation the officer was immediately placed on administrative leave and his law enforcement authority was suspended, said Sgt. Mike Blackburn of the Edmonds police.

The Everett Police Department investigated the allegation at the request of Edmonds police officials and determined there was probable cause to believe that criminal conduct had occurred.

According to that investigation, Lavely initially stopped the 28-year-old Seattle woman for jaywalking on Highway 99 in Edmonds on May 6.

The woman was released shortly afterward, but she was contacted again by Lavely later that evening on an unrelated call. This time, Lavely allegedly took temporary custody of the woman, put her in his patrol car and drove her to a remote location where the two had sexual intercourse, according to the investigation.

The woman reported the incident to law enforcement a few days later.

Lavely, a 7½-year veteran of the Edmonds police force who was assigned to patrol duty, was arrested at 11:10 a.m. Thursday.

Formal criminal charges are expected to be filed by the Snohomish County Prosecuting Attorney.

A determination as to Lavely’s employment status with the city of Edmonds will be made after an Edmonds Police Department review of the entire investigative file.

Former Southgate police officer sentenced in sexual assault case; Plans to appeal

SOUTHGATE, Mich. (AP) - An appeal is planned after an ex-suburban Detroit police officer acquitted of sexually assaulting a woman involved in a domestic violence call was sentenced to one to five years in prison for misconduct.

Emmanuel Paravas was charged last year with third-degree criminal sexual conduct, misconduct in office and neglect of duty .
On May 21, a jury acquitted the ex-Southgate police officer of sex assault and neglect, convicting him of misconduct. Wayne County Circuit Judge Annette Berry sentenced him Thursday.
Defense lawyer Michael Rataj says Friday that Berry exceeded sentencing guidelines of zero to three months behind bars. He says the judge sentenced Paravas as if he'd been convicted of sexual assault, and they'll appeal.
Prosecutors say Paravas answered a Feb. 9, 2011, call involving the woman and her husband.

Cop’s Sexual Crimes Threaten City’s Treasury

How much could civil lawsuits stemming from a former police officer's sexual misconduct on the streets cost the city of San Diego?
The City Council is just about to get a size-up from its legal team.
Early next week, behind closed doors, the city attorney will brief Council members on 12 cases involving former officer Anthony Arevalos, who was sentenced to nearly nine years in prison and a $10,000 fine.
Legal experts not connected with the litigation see persuasive arguments for the city to enter into settlements in at least five cases.
They say one involving the so-called "star witness/victim" could be extremely costly if the city takes it to trial and loses.
"I was in shock," sobbed the woman, testifying in as a Jane Doe on the witness stand last November.
"I couldn't believe this was happening to me -- that I was really in a bathroom with a police officer telling me to do these things."
By that, she meant disrobing before Arevalos in a 7/11 restroom downtown -- their entry and exit captured on surveillance video -- and letting him grope her and leave with her panties.
Jane Doe was one of five women whose encounters with Arevalos during DUI stops led jurors to convict him on a dozen counts ranging from sex crimes to bribery.
For their civil lawyers, those verdicts potentially represent a strong foundation for damages against the city.
"They have now, sworn testimony," says Marc Carlos, a criminal-law attorney who's not involved in the civil litigation. "So those cases are probably not going to trial, because (the plaintiffs’ attorneys) have that information already sewn up."
As for the seven other cases, Carlos sees them as toss-ups both for the defense and plaintiffs' attorneys.
It's expected the city's lawyers would paint Arevalos as a rogue cop whose conduct was unknown to his supervisors.
But testimony in the criminal trial spotlighted his reputation in the department as a subject of numerous complaints, who targeted attractive young women and wound up with panties and lewd photos he showed fellow officers.
In the wake of Arevalos' firing in April, 2011, 18 DUI citations he issued were dismissed by the city attorney's office, and the Police Dept. established a seven-point program to help stem a tide of officer misconduct cases.
Says Keegan Kyle, who covers law enforcement issues for Voice of San Diego: "It becomes a judgment of, 'Do those red flags that were brought up during the criminal trial come to (a requisite) amount of negligence -- and does that then justify those civil penalties?"
But for the women whose lawsuits end up before a jury, a key issue will be the credibility of their testimony about what really transpired between them and Arevalos.
"Jurors can understand plaintiffs who come out of the woodwork and try to get rich," says Carlos. "They understand that people can make up symptoms, particularly when it's their word against somebody else."
According to an attorney who first represented two plaintiffs, the city already has paid out at least one settlement.
He said a woman who testified against Arevalos -- but was not linked to the charges filed against him, and is not listed on the City Council's closed-session briefing docket -- was paid $45,000.
Legal experts not connected with the case see potential settlements in at least five cases, and say others are more defensible. But they could be a toss-up if taken to trial.
So far, no response to a request for comment on all this from the city attorney's office.

Personnel file of former police officer accused of rape kept confidential

Personnel file of former police officer accused of rape kept confidential

POQUOSON Va. —A judge Thursday denied a request from prosecutors seeking the personnel file of a former police officer accused of multiple sexual offenses against a minor. The ruling was in response to a motion filed by the Hampton Police Division that sought to keep the file confidential.

Steven McGee, 30, was arrested in November and charged with the rape of a victim less than 13 years old, aggravated sexual battery of a victim less than 13 and three counts of violating a child less than 15.

Virginia State Police launched an investigation last fall after the Department of Social Services received a report that a girl had allegedly been sexually assaulted by McGee. McGee was a police officer with the Poquoson Police Department for three years. He resigned the day he was arrested.

Alexander subpoenaed McGee's personnel records at the Hampton Police Division to get more details of the incident. She said the incident might be used as evidence during sentencing if McGee is found guilty.

Jeffry Sachs, deputy city attorney for Hampton, argued the records should not be released because they are protected under federal and state case law that treats personnel files as confidential.

"I'm sure if there had been something in this man's past that was of concern he wouldn't have been a police officer with the Poquoson Police Department," Sachs said.

Alexander argued that "just because the Hampton Police Department didn't give him a bad recommendation doesn't mean there's nothing in the records the commonwealth can't use."

Substitute Circuit Judge R. Bruce Long said that under some case law the fact that there was a reprimand and the basis for the reprimand could be used in the sentencing, but case law prohibiting the release of personnel files was very clear in stating that the file could not be released.

McGee is scheduled for a jury trial in August.

Cop charged in sexual assault case

A Westwood police officer has been arrested and charged on two counts of rape and one count of indecent assault and battery on a person over 14 following a year-long investigation, Norwood police said in a statement Wednesday night.

Kevin McCarthy, of Norwood, turned himself in on Tuesday and pleaded not guilty to the charges at his arraignment in Dedham District Court. He was released on $5,000 cash bail with orders to stay away and have no contact with the alleged victim, abide by a curfew, and report to the Norwood police within 24 hours of his release, police said.

He is due back in court on Aug. 16 for a pretrial conference, according to the Norfolk district attorney’s office.

According to police, on April 20 of last year, a woman came into the station to report that was sexually assaulted the night before. She told police that she was in her parked vehicle when a man opened the passenger side door and said he was a police officer.

The man then began looking through the car asking the woman for drugs. She reportedly asked him to leave, but he refused and sexually assaulted her. The woman also said the man had two small dogs with him and was in his mid-40s.

Several weeks after the report, a Norwood officer on patrol in the area where the alleged assault occurred spotted a man who matched the description walking two dogs around 3:30 a.m. The officer spoke with the man and forwarded the information onto the lead investigator of the case.

During the investigation, police learned that McCarthy was terminated from the Westwood Police Department several years ago. Police also said the he and the woman did not know one another.

Norwood detectives and members of the sexual assault unit of the Norfolk district attorney’s participated in the investigation.

Testimony continues in trial for former detective accused of kidnapping, rape

A national expert on suicide and depression testified Wednesday that he does not agree with statements made during the kidnapping and rape trial for former police detective Anthony Orban that the prescription drug Zoloft causes side effects like numbness and unconsciousness.

Dr. Douglas Jacobs testified during Orban's trial in West Valley Superior Court, in Rancho Cucamonga. Orban, formerly of the Westminster Police Department, is on trial for the kidnapping and rape of a waitress from the Ontario Mills mall parking lot in April 2010.

Prosecutors allege Orban kidnapped the woman at gunpoint and drove her to a Fontana shopping center, where he then beat and raped her for an hour. The defense has said Orban's behavior was the result of a "psychotic break from reality" brought on by prescription drugs.

Orban, a former U.S. Marine, suffered from post-traumatic stress disorder after returning from Iraq, his lawyer James Blatt has said. He was prescribed the anti-depressant Zoloft and an anti-seizure medication called Neurotonin.

Jacobs testified Wednesday that Zoloft has been prescribed to millions of patients.

"It's the must common psychiatric drug prescribed," the witness said. Jacobs explained that he prescribes Zoloft to his own patients and has not had any problems with delirium, psychosis, mania or unconsciousness.

The doctor testified that nowhere does the U.S. Food and Drug Administration say Zoloft causes violence, mania or unconsciousness. If the FDA believed Zoloft causes violence, Jacobs said, it can pull the drug off the market.

Prosecutor Debbie Ploghaus then asked Jacobs about rape.

Jacobs testified that 30 percent of rapes have involved the use of a weapon. The average age-range of males who rape is between 25 and 44 years old, he said.

About one-third to two-thirds of rape suspects are married. Also, In 70 percent of reported rapes, the accused has alcohol in their system, Jacobs said.

Officer takes stand at his trial

John Brodersen, 47, was charged with assault with intent to commit sexual abuse, no injury after a report was filed on Jan. 31. He has pleaded not guilty to the charge.

A woman said Brodersen touched her inappropriately during a neighborhood party.

Brodersen admits that he was flirting with the woman. Also said he touched the outside of her left leg twice.

He testified that she did not say "no" when he touched her leg. He said he accidentally touched the small of her back when she reached for something on the table. He touched her back, where the skin was exposed but did not go up her shirt.

Brodersen also said he that he was flirting, saying, "that seems to be the common term. There was a mutual engagement with us."

The defense rested its case after Brodersen.

Milford police commissioner resigns amid misconduct allegations at Waterbury courthouse

MILFORD — Police Commissioner Anthony Candido resigned Thursday from his position on the civilian board, a day after a scathing state judicial branch investigative report cited him for violating the state’s workplace sexual harassment policy.

Candido, 70, has been on administrative leave without pay since December from his chief judicial marshal position in Superior Court in Waterbury. Candido repeatedly kissed and hugged numerous women while on the job, according to the report.

Candido will face a three-judge panel, likely next week, to determine if he will be disciplined further, including the possibility of losing his job. Candido’s attorney, Hugh Keefe of New Haven, said Thursday that state police investigators asked for the statement his client made to judicial branch investigators.

State police spokesman Lt. J. Paul Vance did not return phone calls Thursday concerning whether state police are conducting a probe into the sexual harassment complaints made against Candido.

Keefe said the judicial branch’s “fact-finder simply took down what people told him at face value, and never challenged what they said.”

“The hearing of a panel of judges will be fairer and more objective than the fact-finder,” Keefe said. “Tony will freely admit he’s a hugger, and apparently that’s illegal in the state courthouses.”

Mayor Ben Blake said Candido phoned Police Chief Keith Mello Thursday to inform him that he was resigning, and would send a letter of resignation soon.

“My concern is for the reputation of the Milford Police Department and with this resignation there will no longer be a distraction to the city of Milford,” Blake said.

Candido’s successor must be approved by the Board of Aldermen. There are seven members of the police commission, which provides civilian oversight of the police department. Members also act as the department’s traffic authority and meet once a month. Police commissioners are not employees of the department and have no law enforcement authority.

Candido, who earns $79,061 annually in his judicial marshal position, is well-known for his volunteer work with disabled and very ill residents. Candido was appointed chairman of the mayor’s committee for People with Disabilities in 2002 by then-Mayor James L. Richetelli Jr.

By 2010, the group was renamed the Concerned Citizens for People with Disabilities and is no longer affiliated with the mayor’s office or city government. Candido continues to serve as that group’s chairman, and has been active over the past couple of years.

The judicial branch’s investigative report states that a woman entered the courthouse on Nov. 23 and Candido brought her back to his office, where he hugged and kissed her, including on the lips. Candido said it was the woman who hugged and kissed him, according to the report.

The alleged victim told investigators Candido repeatedly referenced all of the sick and disabled children he helped, including producing a CD of archives, and showing pictures, and even reading the alleged victim a poem he read at a 9-year-old’s funeral.

Keefe said it’s terrible the state is trying to turn Candido’s civic and charitable contributions against him. “No good deed goes unpunished,” Keefe said.

In its investigation, the judicial branch said Candido hugged three women within an hour and kissed one woman on Nov. 23, which violated the state’s workplace sexual harassment policy.

After allegations publicly surfaced, three other women spoke to state investigators, informing them Candido hugged and kissed them, the report states.

His co-workers told investigators Candido had a reputation for trolling for women in the courthouse, and was known as “Uncle Tony” to many young women, according to the state’s investigative report.

State officials reviewed Candido’s office habits from Sept. 19 through Dec. 2, and he was seen meeting with 121 women in his office during that 39-workday period, according to the report.

Candido is seen on video “hugging, holding hands, having his arms around them, jabbing and prodding and being in their close personal space,” according to the state’s report, which says Candido had no security reason to be meeting with the women in his office.