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More on the case from the Detroit Free Press.
Sgt. Michael Osman is quoted as follows:
"These false accusations are obviously sick and disgusting. The City of Detroit law department did a great job of presenting this case to the jury and bringing out these lies from drug traffickers and the jury came back with the proper verdict."
Congrats Sgt. Osman. . .
The New York Times is reporting that a jury has found in favor Detroit police officer Michael Osman who was accused by Terence Hopkins of sticking his finger in Hopkins' rectum as part of a cavity search. The jury also found for Detroit police officer Michael Parish who Hopkins' alleged watched the incident and failed to intervene. Officer Parish called the Hopkins' allegations a "sham" and the jury obviously agreed, rendering its decision in less than an hour. Congratulations to Officers Osman and Parish for being vindicated!
The Chicago Sun Times is reporting that the jury has found James Degorski GUILTY in the Brown's Chicken murder trial.
The jury apparently deliberated for less than 2 hours.
After deliberating for less than 2 hours, a jury has found James Degorski GUILTY in the Brown's Chicken murder trial. More details to follow. . .
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The beating death of Derrion Albert was a senseless tragedy. The violent thugs who murdered Derrion need to be prosecuted and locked up. Good police work resulted in four of the assailants being identified already. But, wait, one mother claims her son was not involved. The latest to be charged is Eugene Bailey. The Chicago Sun Times is reporting that "Bailey's mother told reporters gathered at Fenger Monday that her son had nothing to do with the beating and was not one of the people caught on a video of the attack. . . . The policemen don't want to do their homework." Really? Was Ms. Bailey at the fight? Does she have personal knowledge? How many times have we heard "it couldn't have been my son - he never gets in trouble." Sounds very familiar. And then there is Cortez Spearman, who was quoted in Mary Mitchell's column. Spearman said "The police are out here, but they are not doing their job." Really? It's interesting - on the videotape, the woman presumably shooting the video tells the driver of the car to "pull over" when she sees the fight. She does not use her cell phone to call 911 or an ambulance. Then she proceeds to videotape the whole fight and beating of Derrion, and someone can be heard saying "zoom in." Again, no mention of calling the police or an ambulance. Hmm - police not doing their job - really? And to finish off the Sun-Times trifecta on this issue (all from today's issue alone!), in Stella's column, Stella Foster states "Where were all the police cars and security when this fight broke out? . . . And, I still say, where are the police that we pay to patrol these neighborhoods and streets?" I go back to my previous statement, can someone tell me when the police were called? The people shooting the video clearly had no interest in calling the police. And are the police supposed to be on every street corner in the City? At every public school at dismissal time? Are the police supposed to walk each kid home to his house? As our blog states, "Don't blame the Cops!"
In November, the Supreme Court will hear arguments on Pottawattamie v. McGhee in order to resolve it. The facts of the case aren't in dispute. In 1978, a retired Iowa police captain was killed by a shotgun blast while working as a private security guard. Prosecutors Joseph Hrvol and David Richter then worked with local police to manufacture evidence against the two chief suspects, Terry Harrington and Curtis McGhee, Jr. The two men were convicted of the murder in separate trials, and each was sentenced to life without parole. The Iowa Supreme Court set aside both convictions in 2003, citing exculpatory evidence pointing to another suspect that was withheld from defense counsel in both trials. Both men were eventually released from prison. Seeking damages for losing 25 years of their lives, they brought a civil rights suit against the police, prosecutors, and county that convicted them.
[Currently prosecutors enjoy absolute immunity, but , t]he Court has put one small dent in the absolute immunity shield enjoyed by prosecutors. In the 1993 case Buckley v. Fitzsimmons, it ruled that prosecutors who act as investigators in a case are subject to the more limited qualified immunity afforded to police officers with respect to the actions they take as investigators. Qualified immunity is still a high hurdle; it doesn't exactly open prosecutors up to a barrage of lawsuits. A claimant must show that a state actor violated his "clearly established statutory or constitutional rights," as those rights are understood by a "reasonable person" (as distinguished from a legal professional). Under Buckley, prosecutors who violate the clear constitutional rights of a defendant while serving an investigatory role can be sued, but once they assume the role of a prosecutor, they're immune.So should prosecutors be able to skirt wrongful conviction lawsuits based on immunity? Should the police be left to hold the bag alone? Prosecutors will tell you they rely on information given to them by the officers when they prosecute their cases - and that they have no role in investigating the case. But is that really the case? Prosecutors clearly want to get convictions and take full control of a case after it is approved for felony charges (if not earlier). They actually spend more time with the case then do the officers. We are not advocating suing anyone - we are just highlighting that is not fair to simply accuse the police in wrongful conviction lawsuits. They take their guidance from the state's attorneys. The only difference between them and the police - absolute immunity. State's attorneys have it and police do not.
When Jovan Mosley filed suit, John Garcia of ABC news reported:
Mosley was 19 years old when he says Chicago police coerced him into confessing to a 1999 murder on the city's South Side His attorney says this is an example of a complete breakdown of the justice system. He says police coerced Jovan Mosley into confessing to something as simple as hitting a guy and taking a sip of his soda. Next thing he knew he was facing capitol murder charges. He spent nearly six years behind bars before a jury cleared him of all charges. Jovan Mosley and his attorney (Sean Mulroney) say he had never been in trouble, never been arrested, and was a 19-year-old kid with college plans when he suddenly found himself in the maximum security wing of the Cook County Jail charged with murder and facing the death penalty.
As previously reported, Chicago police were clearly justified in relying on eyewitnesses in arresting Mr. Mosley and although Mosley was acquitted - that does not mean that police did anything wrong. And the Court agreed. Will John Garcia of ABC Chicago News run the story of Chicago Police being cleared of any misconduct in this case? Contact ABC News and let them know - fair is fair.
United States District Court Judge David H. Coar has granted the City of Chicago's motion for summary judgment in the almost 6 year extended detention Jovan Mosley case. Mr. Mosley was arrested and tried for the murder of Howard Thomas. The police investigation concluded that Thomas had been beaten to death by a group of three to five black men in their late teens to mid-20s. The investigation led to the arrest and prosecution of the following persons: Frad Muhammad a/k/a Big Muhammad; Lawrence Wideman a/k/a Red; Marvin Treadwell a/k/a Leno and Marlon; and Jovan Mosley a/k/a Jason, Jovizzle, “My Guy,” and “Frad’s friend." Mr. Mosley was acquitted by a jury in 2005.
In clearing the officers of any misconduct, Judge Coar's explained:
The results of the 7-month investigation into the Thomas murder yielded an “honest and sound suspicion” that Mosley was implicated in the crime. From the start of their investigation, the detectives knew that a group of three to five young black men were responsible for the attack, and they learned from Garth and Williams that Fetta, Marlin, and Frad Muhammad were among that group. It is undisputed that Mosley arrived at the scene with these individuals and left the scene with them immediately after the murder.
During the February 16, 2000 interview, Williams told the detectives that five men beat Thomas during the attack, and that Mosley was one of them. The detectives had no reason to believe that Williams was not a credible eyewitness, and an identification or a report from a single, credible victim or eyewitness can provide the basis for probable cause.
In September 2006, Jovan Mosley's case was featured in Chicago Magazine, criticizing the Cook County Justice system for allowing Mosely to sit in jail for almost 6 years awaiting trial. Laura Caldwell and Catherine O'Daniel worked on the case. However, it is now clear by the undisputed evidence presented in the federal case, Mosely agreed to all the continuances that allowed his criminal case to linger for so long. Had he demanded trial - a right provided to every criminal defendant - he would have gotten a trial or would have been let go.
In the end - here is just one more example of the police doing their jobs - good work!!!
Christopher Wallace, Patricia Kendall and Shneur Nathan of the Corporation Counsel's Office represented the defendant Chicago Police officers. Sean Mulroney represented the plaintiff, Jovan Mosley.
We recently highlighted how the Chicago Sun-Times is clearly biased against Chicago Police and would not report on the police officers who were vindicated in the 26 Year wrongful conviction Jerry Miller lawsuit.
Unlike the Sun-TImes, the Virginia Daily Press, a Tribune paper, is reporting that a Federal Judge in Virginia has granted summary judgment for the James City County Police Department in a lawsuit brought by W. Walker Ware IV. According to the Daily Press: 
On Sept. 3, U.S. District Court Judge Mark S. Davis threw the suit out, ruling that Ware's claims were baseless and that his rights had not been violated by his arrest and incarceration. In a 41-page ruling, Davis retraced the entire incident in question, methodically absolving the officers of any wrongdoing. Granting summary judgment required the judge to view all available evidence in the best possible light for Ware, then determine if a jury could rule in his favor.
The $3.5 million suit was brought in January 2008 by W. Walker Ware IV, who was arrested in 2006 for disorderly conduct, obstruction of justice and assault and battery of a police officer. The suit, in turn, alleged assault and battery, as well as false arrest and illegal imprisonment, malicious prosecution and intentional infliction of emotional distress against four officers. The suit also alleged that county policy allowed the misconduct.
County Attorney Leo Rogers said the ruling was a "clear vindication for the police department and the officers."
According to Judge Davis in his Opinion, based on information provided in the case, the officers were right to arrest Ware and that Ware assaulted one officer, made threatening statements, had been drinking and was uncooperative at the time.
It is sad that we have to blog about the media actually doing their job....But given the lack of reporting on the police side - especially when a frivolous lawsuit is exposed - a reporter needs the occasional "pat on the back." Thank you Dan Parsons of the Daily Press.
The Sun-Times' Michael Sneed is reporting that while in town to play Da Bears, Steelers quarterback Ben Roethlisberger donated $6500 for a dog to be added to the K9 unit of the Cook County Sheriff's Department. Sneed states that Ben's parents "instilled in him a love and respect for animals . . . as well as the men and women who protect us." Nice to hear!
Way to go Big Ben!
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This is a follow-up post regarding Tyrone Noling, who claims he is innocent for the 1996 murder of an elderly couple, Bearnhardt & Cora Hartig. Noling was fingered by three of his buddies, some of whom were testifying under a grant of immunity. Last year, Judge Donald C. Nugent of the United States District Court for the Northern District of Ohio denied Tyrone Noling's Petition for Writ of Habeas Corpus. Here is a particularly relevant portion of the Court's Memorandum Opinion:
"Even if it did not defer to the Eleventh District's findings, this Court would find that Noling's assertion of actual innocence falls far short of demonstrating that he is 'probably innocent.' The three affidavits of the co-defendants, if taken as credible, would require this Court to accept that they had absolutely no involvement in the Hartig murders despite the fact that they were able to supply the police with multiple details about how it occurred. Moreover, the trial testimony of Robyn Elliot, who stated that shortly after the murders occurred, Noling asked her if she had heard about them and became agitated with Wolcott when he thought Wolcott had called the police, belies the self-interested assertions of the co-defendants that none of them had any involvement in the murders. The co-defendants' affidavits serve only to contradict, but not undermine, the inculpating trial testimony. They do not establish that Noling is 'probably innocent' of the Hartig murders." (Memorandum Opinion at p. 37).
We doubt that tip line phone is ringing. . .
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Tyrone Noling was convicted in 1996 of murdering Bearnhardt and Cora Hartis, both 81 at the time of their death. Noling was a local thug with a long rap sheet who had previously been busted for robbing elderly victims. His friends implicated him in the shooting but later conveniently claimed that they were coerced into fingering their buddy. But the Beacon Journal is now reporting that Noling's case has been taken up by the Washington D.C. law firm of Weil, Gotshal & Manges, LLP. The law firm is offering a $1000 reward for information leading to Noling's exoneration. Hmm...$1000 for new information 13 years later? Wonder how credible any such info will be. In any event, Vic Vigluicci, a county prosecutor, insists Noling executed the Hartig's. In response to Weil Gotshal's attempt to take up Noling's case, Vigluicci said "that's nothing new in capital cases. . . Their object is to delay, delay and delay. It's all without merit."
We will be interested to see if the tip line leads to an exoneration. We doubt it.
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At a forum for University of Missouri law and journalism students, Missouri University professor Steve Weinberg said that most cases of wrongful convictions are caused by incompetent and lazy defense attorneys.
Nice to finally hear someone not trying to blame the police for any and every alleged wrongful conviction.
Weinberg is the founder of an Innocence Project group on the Missouri campus.
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In a Dallas News Article Texas Governor Rick Perry defended the execution of Cameron Todd Willingham in 2004. Willingham was convicted of killing his three young daughters in a house fire. Governor Perry said that court records that he reviewed before the execution showed "clear and compelling, overwhelming evidence that [Willingham] was in fact the murderer of his children." Perry was also quoted as stating that "I'm familiar with the latter-day supposed experts on the arson side of it." State fire investigators and fire officials maintained that burn patterns, cracked windows and other signs pointed to arson. Willingham suffered only superficial burns from the fire after he ran outside the house. He claimed the could not go back in his house to rescue his daughters because the fire was too intense. Barry Scheck of the Innocence Project, who worked on the case, claims that Willingham was innocent.
According to an article in USA Today - they are reporting:
At least five states — Connecticut, Georgia, Maryland, North Carolina and West Virginia — and some major U.S. cities have either revamped or started changing the way law enforcement officials use photographic lineups to identify suspects. Since changing its policy in April, Dallas Police Lt. David Pughes says the department has conducted 1,400 lineups and believes "we're bringing a stronger piece of evidence to court."
"Challenges to lineups were first dismissed as misguided academic exercises, until (law enforcement officials) could see the concrete disasters resulting in exoneration," says Iowa State University psychology professor Gary Wells, an expert on eyewitness identification. Earlier this year, Dallas became the largest police department to stop presenting blocks of mug shots to witnesses. Now, suspects' photographs are presented one at a time by investigators who are not involved in the cases. The new sequential technique is designed to focus witnesses' memories more precisely on who they saw and not allow for potentially faulty comparisons.
But are sequential lineups really better? The National Institute of Justice is not convinced. According to their research:
So far, research that compares simultaneous and sequential lineups and the use of "blind" administrators has not been conclusive. In a blind lineup, the person who is running the lineup does not know which person the police believe is the likely suspect.
According to an article published by the NIJ:
“At the present time, [when comparing simultaneous and sequential lineup presentations,] there is no definitive sense that one form of lineup presentation is superior to the other,” Roy S. Malpass, Ph.D., professor of psychology at the University of Texas at El Paso..
Malpass noted that certain practices typically used in sequential lineups—such as asking witnesses to make a separate decision on each photograph or individual—have not been examined in simultaneous lineups. Thus, it is unclear whether differences in the effectiveness of the two lineup models are due to method of presentation (simultaneous or sequential) or the presence of these other variables.
Jury is still out. But crimes still need to be solved. Best tool police have to do that is still eyewitnesses - whether a psychology professor likes it or not.
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Milwaukee police have charged Walter E. Ellis - the "North Side Strangler" - with murder in seven cases. The victims are: Joyce Mims, Quitreaun Stokes, Sheila Farrior, Florence McCormick, Irene Smith, Deborah Harris, and Tanya Miller.
Milwaukee police have not yet charged Ellis with the murder of Jessica Payne, although it is being reported that Ellis' DNA has matched DNA samples taken from Jessica Payne. Chaunte Ott had been previously charged with the murder of Ms. Payne and spent 13 years in prison for that crime before being released.
Here is a copy of Chaunte Ott's Complaint filed in the Eastern District of Wisconsin
Mr. Ott has sued the following defendants:
(1) City of Milwaukee
(2) former police chief Arthur L. Jones
(3) former police chief Nanette H. Hegarty
(4) detective Carl Buschmann
(5) detective James Devalkenaere
(6) detective Robert Simon
(7) detective Eric Moore
(8) detective Ricky Burems
(9) detective Michael Valuch
(10) detective Percy Moore
(11) detective Michael Dubis
(12) other as-yet unknown employees of the City of Milwaukee
Mr. Ott alleges that the police manipulated witnesses and fabricated evidence.
Specifically, Mr. Ott alleges that the detectives secured false inculpatory statements from Richard Gwin and Sam Hardaway.
The suit states that the Milwaukee police have now linked Walter E. Ellis - the "North Side Strangler" - to the murder of Jessica Payne and several other young women.
Mr. Ott is represented by Jon Loevy and Gayle Horn from Loevy & Loevy in Chicago.
BAKERSFIELD Channel 2 News is reporting:
Kern County leaders have agreed to pay a man $5 million after he was wrongly sent to prison for 20 years. John Stoll was convicted in the 1980s on molestation charges that were eventually overturned. He was featured last year in the documentary "Witch Hunt," which told the story of a string of child molestation cases during the '80s that sent 34 Bakersfield residents to prison.
Every conviction was ultimately overturned, including Stoll's, as witnesses recanted testimony and Kern County prosecutors were accused of using coercive techniques to get children to testify against their own parents.
John Stoll's settlement is $400,000 per year for each year he was in custody, far less than the $1M a year rate that plaintiff's lawyers are attempting to set. As recently addressed, the 1st U.S. Circuit Court of Appeals explained that even $1M a year "approach[es] the outermost boundary of what might be thought conscionable" and is "at the outer edge of the universe of permissible awards."
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The Chicago newspapers are quick to run a story when a person merely makes allegations of police misconduct. Yet, those same newspapers are not so quick to run a story when it is shown that such allegations were false and there was no police misconduct. The recent case of Jerry Miller is a good example of this bias. Miller sued several now-retired Chicago police officers alleging that they framed him for a rape back in 1982. Miller spent 26 years in prison for the crime that DNA has now shown he did not commit. A federal district court judge recently granted the police officers' motion for summary judgment finding there to be no evidence of police misconduct as a matter of law. If the police had lost this case, this story would have been front page news. Yet, incredibly, when the police officers won this case, the Chicago Sun-Times made no mention of the case at all. This is despite the fact that Sun-Times federal court reporter Natasha Korecki - one who is quick to report about alleged police misconduct - was notified of the 26 page legal opinion. Korecki and the Sun-Times chose not to report on the case and the police officers' victory. Does this seem fair to the CPD? We don't think so. What do you think?
Chaunte Ott has filed a lawsuit against the City of Milwaukee, two former police chiefs, and eight current or former detectives. Ott was convicted in 1995 of murdering 16 year-old Jessica Payne. Ott spent 13 years in prison before being released earlier this year. Just days ago, DNA evidence has linked Walter Ellis to the crime. The Milwaukee police department issued a statement stating: "MPD made the arrest after developing probable cause to believe Chaunte Ott was the perpetrator. A jury found the case proved beyond a reasonable doubt and found him guilty. Police acknowledge technology changed over the years, bringing more evidence to light." Ott is represented by Chicago attorney Jon Loevy from the law firm of Loevy & Loevy.
We previously reported Alton Logan, who was convicted in 1983 of shooting a security guard at McDonald's, had been issued a certificate of innocence by Chief Judge Paul Biebel Jr. in the Cook County Circuit Court. Logan was convicted by a jury, but two attorneys last year revealed his innocence. A client of theirs had admitted to them that he had committed the crime, however, they could not come forward until that client passed away in 2007.
As predicted, Logan has now filed a lawsuit. According to the complaint filed in the United Stated District Court for the Northern District of Illinois, Logan alleges Jon Burge and other officers withheld material evidence that would have proved his innocence.
Noticeably absent from the lawsuit are any allegations against Dale Coventry or Jamie Kunz., the lawyers who have admitted to withholding information that would have exonerated Logan and prevented his alleged "wrongful conviction" from ever occurring.
Jon Loevy of Loevy & Loevy has filed the lawsuit on behalf of Alton Logan.
More to follow on this case
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