27 Haziran 2012 Çarşamba

Army Sergeant and Associate Convicted on All Counts for Roles in Bribery and Money Laundering Scheme Related to Defense Contracts to Support Iraq War

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ToDate, 19 Individuals Have Pleaded Guilty or Been Convicted at Trial in OngoingCorruption Investigation
WASHINGTON – A federal jury in Elkins,W. Va., convicted Richard Evick, a U.S. Army Sergeant First Class andNon-Commissioned Officer in charge of contracting at a U.S. military base inKuwait, and his associate, Crystal Martin, of all counts with which they werecharged in connection with a bribery and money laundering scheme related todefense contracts awarded in support of Operation Iraqi Freedom, announcedAssistant Attorney General Lanny A. Breuer of the Justice Department’s CriminalDivision and U.S. Attorney William J. Ihlenfeld II for the Northern District ofWest Virginia.
 Evick was found guilty yesterday of one countof bribery conspiracy, two counts of bribery, one count of money launderingconspiracy, six counts of money laundering and one count of obstructing anagency proceeding.  Martin was foundguilty of one count of bribery conspiracy, one count of money launderingconspiracy and four counts of money laundering.
 “As the highest ranking enlisted officer inthe U.S. Army’s contracting office at Camp Arifjan in Kuwait, Mr. Evick had aspecial duty to strike deals in the best interests of the American people,”said Assistant Attorney General Breuer. “Instead, he steered business to dirty contractors in exchange for tensof thousands of dollars in cash and other items.  Mr. Evick, Ms. Martin and theirco-conspirators defrauded the government they had sworn to serve.  To date, our investigation has led to the convictionsof 19 individuals, and we will continue aggressively to pursue corruption andprocurement fraud wherever we find it.”
 “The investigation and prosecution of publiccorruption cases continues to be a top priority for the Department of Justicein West Virginia and throughout the country,” said U.S. Attorney Ihlenfeld.  “Fortunately the vast majority of our publicofficials are honest and trustworthy, but those who are not will be heldaccountable.”
 Evick served as the U.S. Army’s Non-CommissionOfficer in charge of contracting at Camp Arifjan between 2005 and 2006.  In that capacity, Evick had the authority toarrange for the award of valuable contracts to supply the U.S. military withbottled water and catering services, maintain Army barracks and installsecurity barriers, among other things.
 Evidence presented at trial demonstrated thatEvick and his co-conspirators manipulated the contracting process in severalways, including disclosing confidential information about the U.S. military’splans to procure goods and services and accepting fake bids.  In this manner, Evick and two of his fellowcontacting officials, former Army Majors James Momon and Chris Murray, steerednearly $24 million worth of contracting business to certain contractors.  In exchange, these contractors paid Evickmore than $170,000 in bribes, a free New Year’s Eve trip to Dubai and parties.
 Among the persons who paid Evick these bribeswas Wajdi Birjas, a civilian U.S. government employee at Camp Arifjan who had asecret interest in a military contractor operating in Kuwait.  Birjas testified that he provided phony bidsto Evick from purportedly independent contractors who were, in reality,controlled by the same individuals.  Theevidence showed that Evick used these bids to create the false impression thatthe contracts were awarded according to Army contracting rules providing for acompetitive bidding process.  Birjas alsotestified that he had a hidden safe at his villa where Momon stored more than$800,000 in bribe money and which Evick used to exchange a large amount ofKuwaiti currency for U.S. dollars.
 According to the evidence, Evick gave much ofhis bribe money to Martin, who had a concession from the Army and Air forceExchange Service to sell merchandise at Camp Arifjan, which was primarily acash business.  Evick and Martin thentransferred tens of thousands of dollars worth of Evick’s bribe money to theU.S. into the hands of Evick’s wife and his girlfriend.  The evidence showed that, in order to concealthe fact that this was bribe money, Evick and Martin converted the money intoWestern Union wires, money orders, cashiers checks and personal checks.  Evick and Martin also smuggled cash into theU.S. on their persons, Martin often taking military transport flights to avoidcustoms screening.  Evick used his bribemoney, among other things, to purchase and construct a residence on three andone half acres in Parsons, W. Va., and to buy a pickup truck.
 The evidence showed that Evick and Martin alsoparticipated in a scheme to smuggle $250,000 of bribe money belonging to Momoninto the U.S.  Momon testified about asummer 2006 meeting at Kuwait international airport with Evick and Martin, atwhich Martin described how she was laundering Evick’s bribe money and offeredto provide the same service for Momon. According to evidence presented at trial, Evick offered to bury Momon’smoney on Evick’s West Virginia property. When law enforcement agents interviewed Evick several months later aboutcorruption at Camp Arifjan, Evick falsely stated that he did not know thecontractor from whom evidence showed he had received a $150,000 bribe, amongother things.
 “Contingency contracting provides anopportunity for honest contractors to excel but still runs the inherent risk offraudulent activity that plagues all government contracting,” said SpecialAgent in Charge Robert Craig of the Defense Criminal InvestigativeService.  “While our service members anddefense civilians expect the best from their supporting contracts, we root outthe worst and, working alongside our law enforcement partners, continue toaggressively bring those who defraud our nation’s warfighters to justice.”
 “We are very pleased with the guilty verdictsin this case,” said Frank Robey, the director of the U.S. Army CriminalInvestigation Command’s Major Procurement Fraud Unit.  “It is a warning to anyone, in or out ofuniform, who attempts to defraud the Army or the government that we willinvestigate credible allegations and bring those responsible to justice.  Our agents have done a remarkable jobinvestigating this case along with our fellow law enforcement partners and theDOJ.”
 “The fact that a jury convicted these twoindividuals on all 11 counts stands as a powerful reminder that  those who break the public trust to engage inbribery and money laundering with funds meant for the reconstruction of Iraqwill face the full force of the law,” said Stuart W. Bowen, Special InspectorGeneral for Iraq Reconstruction (SIGIR). “SIGIR and those who work with us will continue work on those casesstill open against those involved in illegal acts.”
 Evick and Martin face a maximum sentence offive years in prison for bribery conspiracy, 20 years in prison for moneylaundering conspiracy and 20 years in prison for each count of moneylaundering.  Evick also faces a maximumof 15 years in prison for each count of bribery, five years for obstructing anagency proceeding and the forfeiture of the proceeds of his bribe scheme, whichincludes his West Virginia residence. They also face maximum fines of $250,000 per count.  They will be sentenced by Chief U.S. DistrictJudge John Preston Bailey.  Theirsentencing date has not yet been scheduled.
 The case against Evick and Martin arose from acorruption probe focusing on the contracting office at Camp Arifjan, a U.S.military base in Kuwait.  As a result ofthis investigation, 19 individuals, including Evick and Martin, have pleadedguilty or been found guilty at trial for their roles in the scheme.  Momon pleaded guilty in August 2009 toreceiving approximately $1.6 million in bribes and agreed to pay $5.7 millionin restitution, and he is awaiting sentencing. Murray pleaded guilty in January 2009 for his role in the scheme and wassentenced in December 2009 to 57 months in prison.  Birjas pleaded guilty in September 2010 andhe is awaiting sentencing.
 Thecase is being prosecuted by Trial Attorneys Peter C. Sprung, Eric G. Olshan,Timothy J. Kelly and Edward J. Loya Jr. of the Criminal Division’s PublicIntegrity Section, and Assistant U.S. Attorney Andrew R. Cogar of the U.S.Attorney’s Office for the Northern District of West Virginia.  The case is being investigated by specialagents of the Defense Criminal Investigative Service, the Army CriminalInvestigation Command Division, Internal Revenue Service-Criminal Investigation,the FBI and SIGIR.

Colorado Man Pleads Guilty to Receiving Child Pornography

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MINNEAPOLIS—Yesterday in federal court, a 26-year-old Denver, Colorado man, formerly of Plymouth, Minnesota, pleaded guilty to receiving numerous images of child pornography. Russell Ronald Brimeyer pleaded guilty to one count of receipt of child pornography. Brimeyer, who was charged on May 7, 2012, entered his plea before United States District Court Judge Patrick J. Schiltz.
In his plea agreement, Brimeyer admitted that on April 15, 2009, he received several images via his computer that contained depictions of a minor under the age of 12 engaged in sexually explicit conduct. In addition, Brimeyer admitted that he received the images from a peer-to-peer file sharing program on the Internet. On September 24, 2009, the items were found on Brimeyer’s computer and other media devices during the execution of a search warrant at his residence.
For his crime, Brimeyer faces a potential maximum penalty of 20 years in prison, with a mandatory minimum penalty of five years. Judge Schiltz will determine his sentence at a future hearing.
This case is the result of an investigation by the Minnesota Cyber Crimes Task Force, which is sponsored by the Federal Bureau of Investigation, the U.S. Secret Service, and the National Center for Missing and Exploited Children. It is being prosecuted by Assistant U.S. Attorney Clifford B. Wardlaw.
Presently, the Justice Department is funding a study concerning the correlation between involvement in child pornography and the hands-on sexual abuse of children. A 2008 study (The Butner Study) published in the Journal of Family Violence found that up to 80 percent of federal inmates incarcerated for possession, receipt, or distribution of child pornography also admitted to hands-on sexual abuse of children, ranging from touching to rape.
The U.S. Department of Justice is committed to combating the sexual exploitation of children, particularly via the Internet. In fiscal year 2010, 2,235 defendants pleaded guilty to federal child pornography charges, 2,222 of whom were sentenced to prison. In fiscal year 2009, 2,083 defendants were sentenced to prison on child pornography charges. For more information about these efforts, please visit the Department’s Project Safe Childhood website, at www.projectsafechildhood.gov.

[PA] Philadelphia Police Officer Gonzalez arrested for domestic assault and terroristic threatening

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Philadelphia Police Officer Ricardo Gonzalez has been arrested - accused of a domestic violence assault on his wife after the Philadelphia District Attorney's Office and Internal Affairs Bureau conducted an investigation. Gonzalez is charged with simple assault, TERRORISTIC THREATS and "related offenses" (???).
[police officer involved domestic violence oidv intimate partner violence ipv abuse law enforcement public safety lethal pennsylvania state politics]

[CA] Police Chief's wife Brinda McCoy on trial for shooting at police officers

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TRIAL IN PROGRESS:

People vs. Brinda Sue McCoy, Case Number 10CF3399.

PREVIOUS POST:
[CA] Police Chief McCoy's wife Brinda to face trial for shooting towards officers - Brinda Sue McCoy, 47, who is married to Oceanside Police Chief Frank McCoy, called 911 and said she needed help... When the Cypress Police Dept. arrived at her home, she refused to come out and put the gun to her head. According to the District Attorney's Office she then fired the gun twice at officers...

Brinda is the wife of Oceanside Police Chief Frank McCoy Jr. and the photo above is her current Facebook profile picture. The articles don't mention the presence or absence of her husband in court (?) but it would seem they may be trying to get through this - and that the media is trying to leave him out of it (?) - but he's clearly an influencing factor of how things have gone so far.

In public comments online of course folks are noticing a double standard - that a regular citizen would have been killed instead of bean-bagged like Brinda. Most of us would like to see equal compassion for others in distress. So what is the formula and what's next? (Remember Fort Lauderdale Police Chief Franklin Adderley 's wife Eleanor Adderley?) We will have to see how this works out in the end.

"It all begins on Dec. 16, 2010, with the defendant's decision to call 911," Deputy District Attorney Rebecca Olivieri said. [Brinda] McCoy allegedly "test fired" her husband's duty weapon about 7:10 p.m., prompting her neighbor Diana Orr to call McCoy, Olivieri said. McCoy responded, "Why the (expletive) are you calling me? What the (expletive) do you want? I've had it"... McCoy also allegedly told her neighbor she "would fire at police to have them gun her down"... McCoy refused to leave her house and pointed a firearm at her head and the ceiling before pointing it directly at the officers. "I don't care," was her response when warned if she fired the weapon she could injure officers, Olivieri said... In her last exchange with a police dispatcher McCoy said: "You know what? Don't f------ call me anymore," Olivieri said. Moments after that, McCoy fired another shot at officers positioned behind vehicles outside her home... Brinda Sue McCoy came out the front door but did not show her hands when officers asked her to, saying instead "f------ shoot me"...

Brinda's defense attorney presented that she was depressed after a family argument about their son, her husband left with their son but left his Semiautomatic Sig Sauer .45-caliber, she took a newly prescribed anti-depressant, had dinner and a martini and never "in a million years" intended to hurt any officers. "She exercised very poor judgment," he said.


FOR IMMEDIATE RELEASE:
WOMAN FACES TRIAL FOR SHOOTING AT POLICE OFFICERS AFTER CALLING 911 FOR HELP AND INITIATING STAND-OFF
ORANGE COUNTY DISTRICT ATTORNEY
Tony Rackauckas, District Attorney
Case # 10CF3399
May 24, 2012

SANTA ANA – A woman faces trial today for shooting at responding police officers after calling 911 and initiating stand-off. Brinda Sue McCoy, 49, Cypress, is charged with six felony counts of assault with a semi-automatic firearm on a peace officer and one felony count of discharging a firearm with gross negligence with sentencing enhancements for the personal discharge of a firearm. If convicted, she faces a maximum sentence of 61 years and eight months in state prison. Opening statements are expected to begin today, Thursday, May 24, 2012 at 10:30 a.m. in Department C-45, Central Justice Center, Santa Ana.

At approximately 7:00 p.m. on Dec. 16, 2010, McCoy is accused of calling 911 and stating she needed police assistance. Cypress Police Department officers responded to the defendant’s home and attempted to get McCoy to come out of her residence.

McCoy is accused of refusing to leave her house, pointing a firearm at her head and the ceiling before pointing it directly at the police officers outside. The officers warned the defendant that, if she fired her weapon, she could hurt one of the officers positioned behind vehicles in front of her house. Despite this warning, McCoy is accused of firing the gun twice from inside her home at police officers who were stationed behind two parked vehicles outside.

Special Weapons and Tactics officers used less-than lethal force to subdue and arrest the defendant.

Senior Deputy District Attorney Rebecca Olivieri of the Special Prosecutions Unit is prosecuting this case. [LINK]


OCEANSIDE: ASSAULT TRIAL BEGINS FOR POLICE CHIEF'S WIFE
North County Times
By Paul Anderson
May 24, 2012
[Excerpts] The wife of Oceanside police chief and former Cypress City Councilman Frank McCoy threatened suicide by cop several times and fired her husband's service weapon at Cypress police twice during a standoff that lasted hours in December 2010, a prosecutor told jurors Thursday. But Brinda Sue McCoy's attorney told jurors in the opening statements for her trial Thursday that while she is guilty of shooting the gun, the evidence will show she did not intend to hurt any of the police officers... McCoy allegedly "test fired" her husband's duty weapon about 7:10 p.m., prompting her neighbor Diana Orr to call McCoy, [Special Prosecutions Unit Senior Deputy District Attorney Rebecca] Olivieri said. McCoy responded, "Why the (expletive) are you calling me? What the (expletive) do you want? I've had it," according to Olivieri. McCoy also allegedly told her neighbor she "would fire at police to have them gun her down"... McCoy called 911 and told the dispatcher "she wants to be taken out of her misery"... McCoy paced through the house and at times pointed the gun out the window of her home... Several times, McCoy demanded police move her son's pickup truck, behind which some officers had taken position... McCoy eventually fired the gun at the truck... One officer, who was a friend of the family, tried to talk McCoy into surrendering and warned her that officers were behind the truck she was threatening to shoot at... "I don't care. Move the truck or I will shoot," McCoy responded, according to Olivieri... Defense attorney Lew Rosenblum told jurors that McCoy had been suffering from depression and had a prescription for Wellbutrin, but it was not working, so her physician put her on Klonopin... McCoy, who was a nurse and knew many of the officers who responded, threatened to shoot the gun at the truck because she wanted her other son, who is an adult and a Long Beach police officer, to leave the area so he wouldn't see her get shot by police, Rosenblum said... [Full article here]

BRINDA SUE MCCOY, WIFE OF TOP OCEANSIDE COP AND FORMER CYPRESS MAYOR, FACES 61 YEARS AS ARMED STAND-OFF TRIAL BEGINS
Orange County / OCWeekly
By Matt Coker
Thu., May 24 2012 at 10:45 AM
[Excerpts] The wife of Oceanside's police chief (and Cypress' former mayor) is scheduled to face a trial - heck, right now -for calling 9-1-1 and initiating an armed stand-off with Cypress police in December 2010... ... Refusing to leave her house, Ms. McCoy allegedly pointed a semi-automatic firearm at her head and the ceiling before pointing it directly at the police officers outside. Unlike, say, everyone else in the world, the cops did not immediately take her out but instead warned her that if she fired her weapon, she could hurt one of the officers. McCoy is accused of responding by firing the gun twice from inside her home at police officers who were stationed behind two parked vehicles outside. Unlike, say, every breathing being in the universe, McCoy was subdued through the use of "less-than lethal force" by Special Weapons and Tactics officers. [Full article here]

POLICE CHIEF’S WIFE ACCUSED OF SHOOTING AT CYPRESS OFFICERS DURING TRIAL’S OPENING STATEMENTS
89.3 KPCC
By Don Frances
May 24, 2012
[Excerpts] On an evening in late 2010 in the town of Cypress, one person was causing major trouble for law enforcement: the police chief’s wife... In their opening statement this morning, prosecutors told an Orange County jury that Ms. [Brinda Sue] McCoy called 911 for help, then fired at officers when they arrived, told the dispatcher not to call her anymore, then squeezed off another round at the police outside, the Orange County Register reports... Frank McCoy’s bio on the Oceanside Police Department website states that he has served eight years on the Cypress City Council. It also states that “Chief McCoy is married to his wife Brinda and has five children.” The trial is sparking controversy over the way police handle dangerous or unstable people in standoff situations, with some seeing a double standard... [Full article here]

PROSECUTOR: CHIEF'S WIFE SHOT TWICE AT COPS
The Orange County Register
By Vik Jolly
Published: May 24, 2012
[Excerpts] A woman used her police chief husband's semiautomatic handgun to test-fire a shot and later fired twice at Cypress police officers responding to her 911 telephone call for help, a prosecutor told an Orange County jury Thursday. More than 1½ hour after the call, with numerous officers outside her home on the evening of Dec. 16, 2010, Brinda Sue McCoy came out the front door but did not show her hands when officers asked her to, saying instead "f------ shoot me," Deputy District Attorney Rebecca Olivieri said in her opening statement... In her last exchange with a police dispatcher McCoy said: "You know what? Don't f------ call me anymore," Olivieri said. Moments after that, McCoy fired another shot at officers positioned behind vehicles outside her home despite being told repeatedly not to shoot because officers could get hurt, the prosecutor told jurors in Superior Court Judge Francisco Briseno's courtroom. [Defense attorney Lew] Rosenblum said his client should be convicted of discharging a firearm with gross negligence but the two shots she fired 20 minutes apart through a window were not "in a million years" intended to injure any officers. "She exercised very poor judgment," he said. Authorities made a bad situation worse by lying to McCoy, who wanted her Long Beach police officer son's truck moved from in front of her house, Rosenblum contended... That afternoon, McCoy argued with her teenage son for having excused himself from school by calling there pretending to be his father, the defense attorney said. Already having emotional problems and battling severe depression, she despaired when her husband sided with their 16-year-old and left with him, Rosenblum said... She dialed 911, but later told police to never mind... A neighbor who is expected to testify heard a test shot McCoy fired and called McCoy to make sure she was safe, the prosecutor said. McCoy told the neighbor she was waiting for police to come shoot her, saying she would fire so they would shoot her down. "I'm f------ tired of this," she said to the neighbor, Olivieri said. She asked responding officers to get their lights off her house and threatened to fire out of a house window, the prosecutor said. McCoy moved about the house and at one point opened a patio door, let her dogs in, drew the blinds, put the lights down in the living room and sat with the gun in her hand at the kitchen table, the prosecutor said. McCoy refused to leave her house and pointed a firearm at her head and the ceiling before pointing it directly at the officers. "I don't care," was her response when warned if she fired the weapon she could injure officers, Olivieri said... [Full article here]

SINCE LAST POST - FROM JANUARY 2011:

[UPDATED] BRINDA SUE MCCOY IN DEEP DOODOO AND LUCKY TO BE ALIVE: WIFE OF OCEANSIDE POLICE CHIEF AND FORMER CYPRESS MAYOR ACCUSED OF SHOOTING AT COPS
By Matt Coker
Mon., Jan. 31 2011
[Excerpts] ...As officers pleaded with her to surrender, she paced inside the home between the window and the front door, at times pointing the gun at her head and, at other times, at officers. She eventually fired a shot at a Long Beach Police Department truck in her driveway that officers had taken cover behind, reports the Times, which notes her son is a Long Beach officer and her husband was a commander there before coming to Oceanside. Officers fearing for their lives retreated to find better cover, and McCoy is accused of later firing a second round that struck a Toyota Prius, shattering its front passenger window. Hours after it began, the standoff ended when the woman stepped outside, and SWAT officers shot her in the chest with a beanbag shotgun. She was immediately arrested, then taken to a local hospital for evaluation before being moved to a psychiatric hospital. The order to remove all guns from the McCoy home came over the objections of defense attorney David Diamond, according to the Times. They are next due in court March 18 for a pretrial hearing. One often hears about guns stolen from gun owners eventually being used against cops. Whoever imagined a cop's gun would be used against them? By a cop's wife? Allegedly. [Full article here]




[police officer involved domestic violence oidv intimate partner violence ipv abuse law enforcement public safety lethal female perp perpetrator california state preferential treatment politics]

[NJ] Police Officer Klementovich's standoff: "Tell the police I have a surprise for them..."

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Clifton New Jersey Police Officer Richard Klementovich has been charged with 85 counts of attempted homicide, aggravated assault, recklessly endangering another person, assault on police officers, and possessing an instrument of crime.

Armed with several high-powered rifles [nearly 2,000 rounds of ammunition]and a bullet-proof vest, an off-duty New Jersey police officer turned a quiet Pennsylvania street into a tense battlefield Sunday, injuring one officer during a 10-hour standoff... Klementovich, 42, barricaded himself in the Doylestown home of his estranged wife and fired several rounds from a rifle at police... He was being held Monday on $1 million bail, with the condition that he undergo a mental-health assessment before being released. "He was having a bad time psychologically," Bucks County District Attorney David Heckler said. "There was some mention that he was on disability at work, and that medication was involved"...  “You’re often dealing with a type A personality that is assertive, aggressive and in denial,” [Larry Glick, of Doylestown, a retired police officer and former executive director of the National Tactical Officers Association] said. “There’s tremendous stress on police officers today… It’s just a very volatile time”...

OFF-DUTY CLIFTON COP BARRICADED IN PA. HOME SHOOTS AT POLICE
The Star-Ledger
By Ryan Hutchins
Published: Sunday, June 17, 2012
[Excerpts] A New Jersey police officer turned a quiet street in suburban Pennsylvania into a tense battlefield today. Clifton police officer Richard Klementovich, 42, barricaded himself in the home of his estranged-wife and fired multiple rounds from a rifle at police, injuring at least one officer. Police vehicles were hit by bullets and petrified neighbors hid in their basement as authorities tried to negotiate a peaceful settlement. But the standoff continues into the night... Klementovich opened fire, striking and disabling two police cruisers... Cpl. William Doucette was injured when shrapnel ricochetted off the curb and struck him in the face... Less than 24 hours before the shooting, Klementovich took to Facebook to post an album of nearly 40 photos from his time in the military... http://www.nj.com/news/index.ssf/2012/06/reports_off-duty_nj_cop_barric.html

CLIFTON COP WHO SHOT AT PA. POLICE IS CHARGED WITH MORE THAN 80 COUNTS OF ASSAULT, ATTEMPTED HOMICIDE
The Star-Ledger
By James Queally
Published: Monday, June 18, 2012
[Excerpts] The Clifton police officer charged with using a rifle to keep Pennsylvania police at bay during a 10-hour standoff in Doylestown on Sunday called police himself to report a dispute at the residence, and left a note in the driveway claiming he had more than 2,000 rounds of ammunition, authorities said... He has been charged with multiple counts of criminal attempted homicide, aggravated assault, reckless endangerment and assault of a law enforcement officer... Acting Doylestown Twp. Police Chief Dean Logan said Klementovich did not offer a motive... Clifton Police Sgt. Robert Bracken described Klementovich as a decorated officer... Earlier today, retired Clifton police lieutenant Pat Ciser spoke highly of Klementovich, describing him as one of the best cops he ever had the privilege to work with... "I don’t know what went so terribly wrong with his life … I’m just so thankful that the police officers in Pennsylvania were so patient with him and saved his life"... http://www.nj.com/news/index.ssf/2012/06/clifton_cop_who_shot_at_pa_pol.html

OFF-DUTY CLIFTON COP SURRENDERS AFTER 10-HOUR STANDOFF IN PA.
The Star-Ledger
By Ryan Hutchins
Published: Monday, June 18, 2012
[Excerpts] Armed with several high-powered rifles and a bullet-proof vest, an off-duty New Jersey police officer turned a quiet Pennsylvania street into a tense battlefield Sunday, injuring one officer during a 10-hour standoff that ended shortly before midnight. Clifton police officer Richard Klementovich, 42, barricaded himself in the Doylestown home of his estranged wife and fired several rounds from a rifle at police... Klementovich was charged this morning with 13 counts of criminal attempted homicide and reckless endangerment, according to Logan. He was arraigned early today on dozens of charges including aggravated assault. Court records don't list an attorney for him. In addition to the weapons, the veteran officer and former soldier had a gas mask and other tactical gear... None of the neighbors could say much about the alleged assailant. It is unclear if he ever lived there or if the home had been solely occupied by his estranged wife... http://www.nj.com/news/index.ssf/2012/06/off-duty_clifton_cop_surrrende.html

AUTHORITIES: CLIFTON COP WAS PREPARED TO DIE IN PA. STANDOFF
The Star-Ledger
By James Queally
Published: Monday, June 18, 2012
[Excerpts] Richard Klementovich was apparently making his last stand. Armed with several high-powered rifles and nearly 2,000 rounds of ammunition, the 42-year-old Clifton police officer and Persian Gulf War veteran had every intention of dying Sunday inside the Pennsylvania home of his estranged wife, according to an arrest affidavit released Monday... "I get angry. Angry at this job and law enforcement. And it is them who I will take out my anger on," he wrote in an e-mail to his estranged wife... "They will do the job I couldn’t and take my life ... I hope whomever comes to our house is ready to die tomorrow because I will be"... Bucks County, Pa., District Attorney and a law enforcement source suggested the 14-year veteran of the Clifton force had been stockpiling weapons and planning the shootout for several weeks... Klementovich called Doylestown Township Police to report a "civil dispute" at his estranged wife’s home on Bittersweet Drive, the affidavit said. When police arrived, they discovered a note, written by Klementovich and left in the driveway, saying he was armed with several rifles and 2,000 rounds of ammunition... In the note, Klementovich identified himself as a police officer and wrote he was "ready to die." Seconds later, he opened fire from inside the home... He continued to fire intermittently over the next several hours, according to the affidavit. In all, Klementovich fired more than 100 rounds... Klementovich, who has been out of work for the past two months because of a back injury, showed up at Clifton police headquarters last week. He began giving away items from his locker and was "exhibiting some strange behavior," according to a law enforcement source familiar with the situation. The source spoke on the condition of anonymity because he was not authorized to discuss the case publicly. At least two hours into Sunday’s standoff, Klementovich sent a text message to his parents expressing his wishes to die. "Tell the police I have a surprise for them," he wrote in a text message at 4:35 p.m., according to the arrest affidavit. "This is the way I want to die"... http://www.nj.com/news/index.ssf/2012/06/authorities_clifton_cop_was_pr.html

SOME SPECULATE KLEMENTOVICH SUFFERING FROM PTSD
phillyBurbs.com
by Theresa Hegel
[Excerpts] Posted on June 18, 2012
Sunday’s 10-hour standoff with an armed, off-duty New Jersey police officer in his estranged-wife’s Doylestown Township home has left many with questions. Some law enforcement professionals are speculating that Clifton, N.J., police Officer Richard Klementovich is suffering post-traumatic stress disorder, which could have triggered the shooting incident on Father’s Day in Doylestown Township. “I’m going to make the professional guess that the officer was suffering some kind of PTSD,” said Bensalem police Sgt. Andrew Aninsman, co-chairman of the Bucks County Crisis Intervention Team... Klementovich, 42, is an Army veteran who has been a Clifton officer for 14 years. He and his wife were reportedly in the midst of a divorce that commenced last fall when Jill Majors filed papers in Bucks County court. Clifton police sources told The Record of Bergen County that Klementovich has been on a four-week leave of absence due to a non-work related physical injury. In an email to his estranged wife... “If you just pull the carpet out from underneath (officers) and their coping mechanisms aren’t working as they should, this is what you’re going to get,” Aninsman said... The difficulty, however, is in getting officers to recognize they have a problem, said Larry Glick, of Doylestown, a retired police officer and former executive director of the National Tactical Officers Association. “You’re often dealing with a type A personality that is assertive, aggressive and in denial,” he said. “There’s tremendous stress on police officers today. … It’s just a very volatile time.” Right now, most police departments have no requirements for regular mental health checkups, he said, but most have a system in place to track employee behavior and raise red flags if an officer begins acting strangely. “The police community is getting better at it, but they have a long way to go to address all the issues,” Glick said. “It’s not anybody’s fault. It’s just the nature of the business”... http://www.phillyburbs.com/my_town/doylestown/some-speculate-klementovich-suffering-from-ptsd/article_34a78227-40d5-5a4e-b102-41e8bc6d54ed.html

'TELL THE POLICE I HAVE A SURPRISE FOR THEM, THIS IS THE WAY I WANT TO DIE'
phillyBurbs.com
By Matt Coughlin
Posted on June 18, 2012
Updated: 1:22 am, Tue Jun 19, 2012.
[Excerpts] A New Jersey police officer who fired at police and barricaded himself inside the Doylestown Township home he formerly shared with his wife and children on Father’s Day blamed his job and steroids for his problems. “I get angry,” Richard Klementovich emailed his estranged wife. “Angry at this job and law enforcement. And it’s them who I will take out my anger on.” Klementovich kept police at bay for 10 hours from inside the home at 25 Bittersweet Drive where his estranged wife and kids still live, firing numerous shots at police from alternating windows, destroying two police vehicles and damaging an armored car. “They will do the job I couldn’t and take my life,” his email goes on, according to court records. “I hope whomever comes to our house is ready to die tomorrow because I will be Jill.” Police said Klementovich was referring to his wife, Jill Major. The two are in the midst of divorce proceedings described as bitter... http://www.phillyburbs.com/news/local/courier_times_news/tell-the-police-i-have-a-surprise-for-them-this/article_8b03324f-7264-5df1-b3e3-8fb005263843.html

NJ OFFICER IN STANDOFF WITH BUCKS POLICE SUNDAY WANTED TO DIE
The Phildelphia Inquirer
By Bill Reed and Darran Simon
Jun. 19, 2012
[Excerpts] ...[Clifton Police Officer Richard] Klementovich, a 42-year-old Army veteran, ultimately surrendered and was charged with 85 counts of attempted homicide, aggravated assault, recklessly endangering another person, assault on police officers, and possessing an instrument of crime. He was being held Monday on $1 million bail, with the condition that he undergo a mental-health assessment before being released. "He was having a bad time psychologically," Bucks County District Attorney David Heckler said. "There was some mention that he was on disability at work, and that medication was involved"... The couple, who has two children, went through a bitter divorce, authorities said, with Klementovich moving out of the two-story brick house on Bittersweet Drive. On Father's Day, he arranged a family get-together elsewhere, but instead returned to the empty house and reported a "civil dispute" to police... http://www.philly.com/philly/news/pennsylvania/20120619_NJ_officer_in_standoff_with_Bucks_police_Sunday_wanted_to_die.html

A COP'S COP FIRES ON HIS OWN IN DOYLESTOWN DRAMA
Philadelphia Daily News
By Jason Nark
Daily News Staff Writer
Mon, Jun. 18, 2012, 3:00 AM
[Excerpts] When Patrick Ciser pictures "police officer" in his head, when he wonders whom he'd want by his side if things ever got hairy out in the field, there's only one man. Richard "Klem" Klementovich. That's why Ciser, a retired lieutenant with the Clifton, N.J., Police Department, was heartsick... "I do know he was having personal problems," Ciser said. "I just hope the brothers in PA are OK. I'm really totally taken aback by this"... http://www.philly.com/philly/news/pennsylvania/20120618_A_cop_s_cop_fires_on_his_own_in_Doylestown_drama.html?ref=more-like-this
[police officer involved domestic violence oidv intimate partner violence ipv abuse law enforcement public safety lethal ptsd pennsylvania state politics]

SUSAN MURPHY-MILANO on a new journey.

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I had posted an article link here earlier regarding Susan Murphy-Milano ("An American Tragedy: A Serious Diagnosis And No Health Insurance") but I deleted it. After going to and reading Susan's new blog that was mentioned in that article it appears to me that Susan's own focus in her battle against cancer appears to be about being positive, self-empowerment, equal availability of holistic care to those who choose it, and using this for as much good and change for others as possible.

Her new blog:

Conquering Cancer
http://www.conqueringcancer.me/

To those who don't know Susan, yes, among many other things Susan is also very related to officer-involved domestic violence.

25 Haziran 2012 Pazartesi

Judge: Prosecutorial misconduct warrants new trial in 1997 capital murder

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Another high-profile capital murder conviction may be overturned based on alleged prosecutorial misconduct, according to findings of fact and conclusions of law entered by a judge last week in a habeas writ in Shelby County. The judge recommended a new trial for Kenneth Wayne Boyd, who was sentenced for capital murder along with three co-defendants following a trial marked by "the use of jailhouse snitches high on crack, lying witnesses, and suppressed evidence," reported KTRE-TV (June 21). The men were convicted of killing three people in 1997, including a 13-year old girl, but one of the convictions has already been overturned and now Mr. Boyd's seems headed in the same direction:
Boyd has now filed a Writ of Habeas Corpus, a document asking for freedom due to injustices.
Thursday, an order signed by District Judge Charles Mitchell stating agreement with allegations made by Boyd was filed.
It recommends that the Texas Court of Criminal Appeals release Boyd, vacate his sentence and order a new trial. ...
The order cites a pattern of prosecutorial misconduct including suppressed items of evidence and false testimony. These are some of the same issues that led to the appeals court throwing out Boyd's co-defendant, Rodney Moore's life conviction.
Boyd was whisked away in 1999 following his life sentence for capital murder. To this day he maintains his innocence, along with three co-defendants.
Witnesses say he was in Jacksonville, not Center, When Brian Brooks, Percy Moore and a sleeping 13-year-old Christy Calhoun were gunned down in 1997.

He even passed a polygraph.

But recommendation for relief extends way beyond that.

Facts and conclusions of law are listed in an order signed by District Judge Charles Mitchell.

It cites the use of jailhouse snitches high on crack, lying witnesses, and suppressed evidence on the part of then-District Attorney Karen Price. ...

The order claims the lies were all part of "deals" in exchange for their testimony.
The order reports the state suppressed critical information including that from a prime suspect.

The order cites a pattern of misconduct by Price. This gave the appearance the state would do anything for a conviction. 
The website Shelby County Today offered this summary of the claims upheld by the district judge in Mr. Boyd's habeas writ:
A) Confrontation Clause Claim - Admission of Rodney Moore's out-of-court statement through the testimony of Derrick Brown violated the Confrontation Clause of the Sixth Amendment to the United States Constitution. B) Brady Claim (The State has an affirmative duty to disclose evidence favorable and material to a defendant's guilt or punishment under the Due Process Clause of the Fourteenth Amendment) - State failed to disclose material, exculpatory evidence to Boyd's defense team including but not limited to: a partial report of a polygraph examination of a State's witness, letters sent from State's witnesses to the former District Attorney shortly before Boyd's trail; offense reports indicating that another person besides Boyd was responsible for the murders; and information that another State's witness had failed a polygraph examination. C) False Testimony Claim - The application claims false testimony was given by several State's witnesses in an attempt to "cut a deal".
Ugly stuff. And ironically, the woman who prosecuted the case is in a runoff for District Attorney in the GOP primary! Hell, in Shelby County, I wouldn't be surprised if she wins.

Anthony Graves: 'Solitary confinement dehumanizes us all,' creates 'culture of madness'

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According to the New York Times, Texas exoneree Anthony Graves gave the most compelling testimony last week at a Congressional hearing on solitary confinement. The article opened:
Solitary confinement “is inhumane and by its design it is driving men insane,” a former inmate who spent 18 years in prison in Texas, a decade of that time in isolation on death row before being exonerated, told a Senate panel in a hearing on Tuesday.

“I lived behind a steel door that had two small slits in it, the space replaced with iron and wire, which was dirty and filthy,” said Anthony Graves, whose conviction for involvement in multiple murders was overturned in 2006. “I had no television, no telephone and most importantly, I had no physical contact with another human being.”

The hearing, held before the Subcommittee on the Constitution, Civil Rights and Human Rights, represents the first time lawmakers on Capitol Hill have taken up the issue of solitary confinement, a form of imprisonment that many human rights advocates believe violates the Eighth Amendment’s prohibition of “cruel and unusual punishment” and that has drawn increasing scrutiny in recent months in the United States and internationally.
See a related Times editorial which praises Graves' "moving" testimony. For more, see Anthony Graves and Jim Ridgeway, who runs the blog Solitary Watch, interviewed about solitary confinement on Democracy Now:


See Graves' written statement to the committee, LA Times' coverage of the hearing, and a good summary of the event from The Dissenter. The Pittsburgh Post Gazette editorialized after the hearing that "It's time to view solitary confinement as torture."

Fast and Furious, Rick Perry's chutzpah, and the politics of executive privilege

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Governor Rick Perry today compared Barack Obama to Richard Nixon for using executive privilege to conceal documents in Congress' "Fast and Furious" investigation, which takes a lot of chutzpah considering Perry's record on transparency.

Said Perry to CBS' Bob Scheiffer, "If this President over the past three and a half years had made any effort to secure the border instead of running operations like Fast and Furious ..." then he trailed off into his Nixon comparison without finishing the thought. It's a bizarre framing of the issue since the Obama Administration has beefed up border security (a buildup, incidentally, that this blog has criticized) more than any time since Woodrow Wilson sent the Army there in 1916.

Grits must admit, I'm befuddled at how ineptly the Obama Administration has handled the "Fast and Furious" investigation by Congress. In politics, it's often not the act itself that gets you in trouble but the coverup. The politically smart thing to do would have been to release everything, continuously point out the bungled undercover operation was planned and launched during the Bush Administration, fire an ATF administrator or three, and put the issue as quickly as possible in the rearview mirror. The most logical reason for NOT doing that is in fact the one cited by Attorney General Eric Holder and dismissed out of hand by his partisan critics - the possibility of revealing undercover agents and sources. (Ironically, President Bush used executive privilege in order to cover up the outing of an undercover agent, while Obama is now being criticized for using it to keep operatives from being outed.)

To be clear, there's no doubt that Fast and Furious was one of the most screwed up undercover operations ever, with the ATF targeting cartel operatives who were also paid FBI informants. And it was a bipartisan screwup, spanning administrations. Once hundreds of deaths, including a US Border Patrol agent, were linked to guns lost in the operation, the boondoggle reached epic proportions.

But there's more than a little irony when folks like Rick Perry who pound on "border security" themes make such attacks. Mules caught smuggling drugs north or guns south are the lowest folks on the cartel totem pole, and arresting them barely makes a dent in the problem: For every mule arrested at a border checkpoint two more crop up to take their place. So if you want to go after the big fish - actual cartel leaders - the only way to do it is through long-term, large-scale undercover operations like Fast and Furious. And such operations must offer the cartels something to justify the risk: Guns, shipment protection, money laundering services, or what have you. Otherwise, why would they let an undercover operative near them?

A small portion of the public favors full-on drug legalization (for marijuana, now a majority). But if one believes the drug war should be prosecuted - if you believe the US government should be targeting drug cartels through law enforcement - I don't see any other way but long-term undercover ops like Fast and Furious. Inevitably, some of those will fail, just like the military has often failed to stop violence in Afghanistan despite their best efforts. But should they not try? Would it have been better if they'd remained paralyzed by fear of failure? And importantly, does anyone believe that without Fast and Furious, Mexican drug cartels would have been unable to buy guns and kill people with them? I certainly don't.

Ironically, Governor Perry and other Fast and Furious critics are adopting arguments normally bracketed to supporters of gun control. A common refrain from the NRA and gun-rights advocates - in the past including Governor Perry - is that guns don't kill people, people kill people. The same is true in the case of the Border Patrol agent and others killed using guns from Fast and Furious: The cartels are responsible for the people they kill, not the Obama Administration. Or, if Perry et. al. believe suppliers of guns are to blame, it's hard to understand why the same logic doesn't undermine their domestic stance on gun rights. Perhaps discomfort with that strange repositioning is behind the almost bizarre accusations by some conservatives that Fast and Furious was intended (by the administration and a shadowy cabal of gun control advocates) to fail, blow back, and thereby give Americans cause to enact stronger gun-control laws. That nutty idea is spreading in large part because there's been no real information released to counter it.

I for one hope for a quick about-face from the Obama Administration. Release as much information as possible to the general public without putting undercover operatives at risk, and release everything else under the usual confidentiality requirements for Congressional oversight of national security. Then, like gawkers slowing down on the highway to look at a car crash, we can all see the mess for ourselves and move on to our day jobs.