Posted on 04/01/2005 5:09:51 AM PST by Born Conservative
Man says Exeter officers retaliated by pursuing unwarranted charges.
EXETER (PA) - A Secret Service agent who was cleared of charges he assaulted a borough police officer has filed a federal lawsuit, alleging the officer and his partner pursued unwarranted charges because they were angry he criticized them.
William Slavoski of Ivy Drive, Shavertown, is also seeking damages for his son, Jason, whom he says was unlawfully seized based on the officer’s incorrect belief the teenager and others possessed alcohol.
The suit names officers Dion Fernandes and Leonard Galli as defendants It comes three weeks after a district judge dismissed charges of simple assault, terroristic threats, harassment, disorderly conduct and defiant trespass filed against William Slavoski.
The suit, filed Thursday by attorney Barry Dyller in the U.S. District Court for the Middle District of Pennsylvania, says Fernandes and Galli concocted a plan to charge Slavoski because he questioned Fernandes’ handling of a Jan. 9 incident involving Jason Slavoski.
Slavoski, an agent with the Secret Service in Scranton, had gone to the Exeter police department to pick up his son, who was transported there along with 15 other teenagers who had been at a gathering at a Scarboro Avenue home.
Fernandes believed the youths were having an underage-drinking party, but breath tests performed showed Jason Slavoski and most of the others had no alcohol in their system, the suit says. The youths were still charged because an opened case of beer was found in the home, Dyller said in a previous interview.
Slavoski confronted Fernandes at the station, arguing he had no right to transport the teens because underage drinking is a summary offense that does not permit the seizure of persons, according to testimony at his criminal hearing.
The arrest affidavit filed by Fernandes said Slavoski was yelling and cursing, and that he “drove” his shoulder into Fernandes.
Dyller, who represented Slavoski at the March 8 criminal hearing, did not dispute Slavoski was yelling. But he argued the actions were those of justifiably upset parent and did not rise to the level of criminal conduct. District Judge Joseph Carmody agreed and dismissed all charges.
Carmody also dismissed the underage-drinking charge against Jason Slavoski and at least 13 of the other teenagers involved, ruling there was insufficient evidence to prove they possessed the alcohol.
Slavoski’s lawsuit claims he suffered severe damage to his reputation and employment. He seeks damages for malicious prosecution and for violations of his son’s right to be free from unlawful seizure.
Police Chief John McNeil did not immediately return a phone message left at the police station Thursday evening.
Government agent cleared of charges (Secret Service agent charged with threatening a cop)
Look at the pot calling the ketlle black.
SS agents regularily make "unlawful seizure(s)" in the guise of protecting Hillary Clinton's life.
I say to the SS agent, "How do you like the unconstitutional treatment by government officials now?"
Remeber SS agent, what goes around comes around.
And shame on the local cops as well.
I wasn't alone in that thinking. Our job was to arrest the real crooks, write up our reports, collect any evidence and let the court system sort it all out. I've worked everything from simple misdemeanors to homicides. Funny everyone I arrested either pled out or was convicted.
One defense attorney came up to me after during a break in a trial and told me he hated it when I got on the stand. He told me I came across so open and honest, I made it hard for him to do his job. For me that's what it was all about.
Yup there are some people that are cops that just can't find an honest bone in their bodies. They ought to be weeded out. But there are more good people in LE than some believe.
I could go on why the 'problem' cops are still around, but that's another story.
Please do. This is, after all, a discussion forum about rooting out corruption in government and returning it to Constitutional limits.
I have had many instances where I was involved with good honest cops, unfortunately it's the 20% that are filthy liars or unreasonably abusive that get remembered and form our opinions!!!
It doesn't take many bad experiences to convince law-abiding citizens that the cops are no different from the crooks.
A "good" cop who is silent about what he sees others do is really no different from the wrong-doers.
" SS agents regularily make "unlawful seizure(s)" in the guise of protecting Hillary Clinton's life"
Examples?
Rebelbase: Examples
that took about 4 seconds to find
I also recall hecklers getting arrested, and Law enforcement officers being run by her limo over at an airport checkpoint
This story sounds to me like a handful of hard-cases getting in a contest to see who's got the biggest pe@*er. I doubt anything will come of it, in the end.
I wish all police and DAs were like you. And it isn't just cops. Some DAs charge people and refuse to make deals in cases just to pad statistics or to show some group (usually MADD) they are getting tough on crime. I served on a jury in a DWI case that NEVER should have gone to trial. And I let the DA have it after the case.
bttt
bttt
... A "good" cop who is silent about what he sees others do is really no different from the wrong-doers.
... Some DAs charge people and refuse to make deals in cases just to pad statistics or to show some group (usually MADD) they are getting tough on crime. I served on a jury in a DWI case that NEVER should have gone to trial. And I let the DA have it after the case.
... This is, after all, a discussion forum about rooting out corruption in government and returning it to Constitutional limits.
I think you are correct about the bad cops being remembered the most. Although I think the percentages will vary quite a bit from department to department and area of the country. Whatever social factors come in to play here, geographic areas within the U.S. have their differences in the way LE do things good or bad.
I've seen that over and over for many years. It's something that has been identified by the FBI long ago, east coast cops and west coast cops, southern and northern cops do things differently. The basic training is general, but when it comes down to traditions and social factors in each area, there are major differences in how things are done on the street.
Corruption and abuses are in each area, but you will find less corruption in some areas and more in others due to traditions long established. Gratuities and bribing by the public and businesses add to the problem as well. It's not simply a matter of the good cops complaining about the bad one's. Although that is very important, the good cop will find themselves in some serious adventures for rocking the boat.
In my case I established my position early on in my career and the bad cops kept their distance from me. They didn't hold my hand when I was sick, they didn't pay my bills, so I didn't care if they liked me or not. I wasn't there to be popular. But I was one of those crazy Vietnam Vets so people kept their distance from me anyway. :)
I've seen the charging game played over and over and it's a waste of every's time. Let alone an abuse of the judicial system. We can blame the plea bargain system for this crap.
The LE agency will charge heavy or "Stack Charges" with the most major offenses that come close to applying. Goes on their deprtment stats to the state and eventually the FBI national stats.
Then the D.A. or whoever is prosecuting will weed it out a bit, but still keep some wiggle room with heavy charges, so they can plea bargain the case. Sometimes plea bargaining works out just fine, but most times it's used to dispose of cases, so they can get on to the "good" cases.
When you see the Deputy D.A. walk into the courtroom with a rolling rack stack with case files to handle each day, you know they aren't going to trial. There isn't enough time in the day or enough prosecutors to try them.
Then there are the judges. The good one's will toss out crap cases and chew the D.A. out for even bringing them into their courtroom. But not until they've had to go through all of the process first. Wasting everyone involved' time.
As for weeding out corruption and returning to Constitutional limits. It would be nice wouldn't it?
It may be difficult for many to believe but the majority of the cops I worked with wanted just that. It offended us when some nitwit was given a badge because someone needed to pay off a political debt. Happens everyday and the cops on the street don't like it one bit.
Then there are the suck-A$$'s that find themselves moving up the promotional ladder, so rapidly that there was no time for them to actually learn how to do the job correctly. These are the "yes" men and women in LE. Worthless to the workers, when they need advise, as it's often wrong or just their opinion of what should be done, and not based on factual knowledge or experience. These are the lawsuit makers in the department.
Cops find these type riddled all through their department, large and small. Cross one of these types and you'd better be ready to hire an attorney, just to protect your career.
I've worked for some excellent leaders and some that are purely politcally motivated. Imagine being told to "unarrest" someone because they are the mayor's relative, or that ranking supervisor "had never seen a righteous rape" in his career. Sorry folks, fire me, your badge isn't worth it, if that's how you operate. I've told the lousy Lt'.s and even the second in command at my department that. When you're right you're right, so they couldn't touch me. But still I would buck the system and a price was paid by me and others for doing that.
Lot's of unwanted overtime, long assignments far from home for extended periods. Reassignments to crap jobs only to escape from them when new leaderships came and went.
Oh there's a price to pay alright. Like them putting in disability retirement papers on you, and putting you off on Worker's Comp to get rid of you. Then you get a pay cut while you challenge them. That may take up to 3 years.
Now that you have some insight, these problems are not going to go away quickly. But the good cops and the citizens need to work together to correct it. It starts with who you elect on your City Council, that hires the City manager, who then hires the Chief of Police. Or who you vote in as Sheriff. If we don't like how your LE agency is operating, a stink needs to be raised in the voting booth. The squeeky wheel really does get the grease.
I've stood at assignments with many other cops looking at the situation, knowing we were being "USED" by our bosses for political purposes. Sometimes, we sympathized with the cause we were there to handle. It was a real ethical delimma. The needs of the a few being pushed over the needs and rights of some group or other. Politics and money were always the cause of those leadership decisions.
How did we handle those situations? As low key with no arrests when we weren't ordered to make an arrest. That happened to me once, and I told the Lt. that he wore the same badge as me and since he thought he saw a crime, he should handle it, because I saw no crime and wasn't arresting the guy.
Ya know nothing happened to me. I was actually surprised! But had someone with less juevos said it, a suspension would sure have been coming.
Look I've just barely scratched the surface of the problems an LE agency may have. There are some very fine departments out there across the land, but I'd be willing to bet there's at least one or two politically hired twits making decisions, that really ought to be working in the dishwashing department of Denny's.
This LE stuff is pretty serious business. Cops have the ability and legal authority to take someone's freedom from them for up to 48 hrs, and not even file a complaint. Let's not get into who's wearing a badge and carrying a firearm, but it all fits together as a major part of the problem. That's very serious to me anyway. And I don't like seeing the justice system abused.
Next time someone gets stopped for speeding, don't give the corrupt cop a $20 bill to get him to let you go. Take your damned ticket and pay it. Next time don't speed. The problem is, we all have to do that to get that cop to move on to a new job. If he see's no profit in it for himself, then he'll go do something else.
Man I'd love to see the bad cops go, but it will take all of us to get that done, to fix the problems in each agency. What's the odds that's going to happen? Still it's worth a try.
Sorry folks....off of my soapbox.
bump to the top!
Who wants to take odds his little brat said, "Don't touch me, or you'll be in some serious trouble, pal. My father is a Secret Service Agent"
Who wants to take odds his little brat said, "Don't touch me, or you'll be in some serious trouble, pal. My father is a Secret Service Agent"
I try to live my life as honest as possible. I get a lot of speeding tickets (my license is supended now..) and when I was speeding I pay the ticket, I feel it's wrong to tie up the system and try to get out of the charge that you're guilty of. The problem is when I'm not guilty and go to court and the cop lies through his teeth, I prove beyond a shadow of a doubt that the cop was lying, and I'm still judged guilty!!! The whole system is corrupt. It's more than the 20% of bad cops, They just get you into the system. Once you're in the system you have to contend with 80% of the DA's, 90% of the judges....... So if you can't get out of the charges you're innocent of, I'm beginning to wonder why I should give them the ones I'm guilty of so easily?
You can always tell what cities are trying to make money off of their law enforcement by what traffic court looks like. They do get a percentage of the fine ya know. I always thought it funny, how they'd pay a cop 4 hrs of overtime, for a $90 ticket case in traffic court. On the good side, going to court is a positive thing to do to help bring down traffic problems and accidents.
All any of us can do is prepare to present our version of what happened, in a simple and clear manner. Bring diagrams and photos of the area of the citation as well. Tree's blocking view, or buildings too close to an intersection. Show the judge why you are innocent, otherwise, that judge will just believe the officer. Was your speed reasonable and prudent for the traffic conditions? Were you travelling with the flow of traffic? Speeding is speeding, but why were you singled out among all of the other cars on the road? Lot's of variables here.
In the case I was referring to, the cop refused to show three times in a row I believe because he didn't want to perjor himslef in court and when he was told show up or be fired, he came and did it any ways.. I was going 40 in a 65 zone because it was bumper to bumper traffic flowing at 40 mph. that's one of the proofs that I could not possibly have been guilty that the judge chose to ignore, Physics says no two pieces of matter can occupy the same place at the same time so I could not have been going 80 as the officer alleged because I would have rear ended someone withing half a second. I think I was singled out and pulled over because my bumper sticker offended the retired nyc cop: "Fear the government that fears your gun"
As to the cops getting a percentage of the fine, that's why there is no such thing a justice in traffic court or criminal court (unless you have a jury and even then it's really hard) because the court (the judges court)gets a large percentage of the fine so the incentive is to convict everyone!! So much for the judge being an unbiased and impartial moderator!!!
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