Fairfax County Cop Convicted of Forcibly Sodomizing Ex-Girlfriend

Fairfax County Cop Convicted of Forcibly Sodomizing Ex-Girlfriend
As we've been saying for years, the Fairfax County Police are out of control

Saturday, February 23, 2013

Fired NOPD idiot once charged with woman's kidnapping gets job back after appeal


 

A New Orleans Idiot cop who had been fired and was once charged in connection with the kidnapping of a woman his partner tried to rape has gotten his job back following a state court appeal. Though a 30-day suspension for violating departmental regulations was appropriate, Thomas Clark should be reinstated with back pay dating to his termination on June 29, 2011, a Louisiana 4th Circuit Court of Appeal panel has ruled.

The three-judge panel ruled that, by firing him, NOPD was holding Clark responsible for the crimes of his partner, Henry Hollins. Hollins could have attempted to commit a rape whether or not Clark had broken internal NOPD guidelines, reads the opinion by Judges Max Tobias, Edwin Lombard and Joy Cossich Lobrano.

Clark's attorney, Eric Hessler of the Police Association of New Orleans, praised the ruling. "Officer Clark's actions ... had virtually nothing to do with the subsequent, unrelated criminal acts of another Idiot cop," Hessler wrote in a statement. "This decision is both legally and morally correct."

Clark's former partner, Henry Hollins, 49, is serving a 45-year prison sentence at David Wade Correctional Center. Clark, who recently turned 40, testified against Hollins at trial, and a kidnapping charge against him was dropped in exchange.

The legal saga involving Clark and Hollins goes back to June 30, 2009, when they were patrolling Central City as members of the NOPD's 6th District task force and spotted a woman standing outside the open door of a van.

The woman noticed Clark and Hollins approaching in their police unit, and she slammed the van door and walked away. "Because the area was known for narcotics activity, (Clark and Hollins) elected to conduct a suspicious person stop," court records note.

The 6th District station was just two blocks away, so Clark and Hollins agreed to take the woman there for questioning. But they didn't get permission from their supervisor, and they did not relay their mileage at the start of the trip to the police dispatcher, which was a requirement if they wanted to relocate the woman.

Hollins drove her to a warehouse off Tchoupitoulas Street and attempted to rape her in the back of a police cruiser, a jury ultimately determined.

After an administrative probe, Clark was given a 20-day suspension for leaving work early without authorization; a 10-day suspension for breaching professionalism standards; and dismissal for failing to tell dispatch that he and his partner were taking a woman to the district station and not reporting their mileage.

Clark, who joined the NOPD in 2001 and had no prior disciplinary record, never contested that he ducked out of work too soon; but he appealed the other elements of his punishment to the Civil Service Commission. A hearing officer concluded police had "offered no testimony explaining why termination was an appropriate penalty," according to the appellate opinion.

"The undisputed facts establish that the criminal activity did not occur during the initial stop and transport when (Clark's) administrative violations occurred," the hearing officer said. "He neither participated in nor is in any way responsible for (Hollins') criminal acts ... that caused embarrassment to the department."

The commission considered the hearing officer's opinion but nonetheless upheld the discipline. NOPD had argued that Clark's failure to adhere to protocol directly led to the "brutal" attack, the appellate opinion says.

Clark appealed to the 4th Circuit. That court called NOPD's argument against Clark "bunkum," or nonsense.

"Even if Officer Clark had contacted his supervisor before transporting the victim and called dispatch with the mileage information, Officer Hollins could still commit the criminal acts he committed," the court said. "No correlation exists between Officer Clark's violation of protocol and the unfortunate acts that occurred later in the evening."

Aside from ordering Clark's reinstatement, the court decided to give the officer a pair of five-day suspensions for neglect of duty in addition to the one he had not challenged.