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Cleared by jury, she sues police
The Columbus Dispatch ^ | Wednesday, August 7, 2002 | Alayna DeMartini

Posted on 08/07/2002 9:05:36 AM PDT by Printers Angel

Just past midnight on Feb. 2, Brittany Scheerer and her boyfriend were driving home from a friend's house when a car began following them.

They had just turned onto Rt. 161 from a New Albany subdivision. The car behind Scheerer was so close that she couldn't see its headlights in her rearview mirror.

The car followed her closely for about 3 miles on the dimly lit roadway. Scheerer wondered whether the driver was drunk. Or worse, did he have a gun?

As they were about to cross into Licking County, lights atop the vehicle behind them flashed blue and red. Scheerer was being pulled over.

Officer Kevin Deckop of the New Albany Police Department cited Scheerer because the tinted windows on her silver Hyundai Tiburon were too dark.

The day Scheerer paid the $50 ticket, she also filed a complaint with New Albany police. Deckop, she said, had followed her too closely and changed lanes three times before stopping her.

Police later called her in to meet with Sgt. Ed Burton. Scheerer said Burton was gruff and intimidating while questioning her about the complaint.

He was the same when he took her into a room to show her a videotape of the traffic stop recorded by the camera in Deckop's cruiser.

While she watched, Burton continued to question her about her claims, Scheerer said. She refused to back down. Burton then took her into another room and arrested her, saying she violated a year-old state law that makes it illegal to file a false complaint against a police officer.

Once handcuffed, Scheerer was driven to the Franklin County jail, where the 18-year-old honor student was strip-searched and led to a cell.

"I was thinking: 'What just happened?' I didn't know how to react. I went blank,'' Scheerer said recently from her Pataskala home, where she lives with her parents.

She stayed there until her father bailed her out later that morning.

New Albany police alleged Scheerer was so enraged about the ticket that she tried to ruin Deckop's reputation by filing the complaint against him.

In April, a Franklin County Municipal Court jury sided with Scheerer. They found that her claim about how the officer followed her matched what they saw on the patrol-car videotape.

"We definitely feel she thought she was telling the truth,'' said Mark Lensenmayer, the jury foreman in the trial. "She felt she had been wronged. I think the girl showed a tremendous amount of courage in not backing down.''

Neither New Albany's police chief nor Burton would comment on the case, nor would New Albany's prosecutor or its law director. The department and village are defendants in a lawsuit Scheerer filed last month.

She and two others in Franklin County have been charged under the law, which took effect in March 2001, that makes filing a false complaint a misdemeanor offense.

A Columbus woman was sentenced to 12 days in jail because she falsely claimed a State Highway Patrol trooper improperly touched her during a traffic stop. A Franklin County man was charged in January after alleging that during a traffic stop, the officer refused to give the man his badge number.

Supporters of the law say it was not created to shield officers from all complaints, only those filed by people who know them to be false.

"I'm sure when people sat down to write that law, they didn't envision a situation like this,'' Lensenmayer said about Scheerer's case.

New Albany police could have dismissed Scheerer's complaint instead of arresting her. And they didn't have to jail her, said her attorney, James McNamara. They could have allowed her to leave with a summons to appear in court.

"It doesn't make sense to make it scary or dangerous for a citizen to go down and make a complaint about a policeman,'' McNamara said.

"Unfortunately the lesson is: You should be afraid to complain to the government for fear of punishment.''

Scheerer isn't looking forward to another courtroom battle. However, she said, it could help the next person who files what they consider a valid complaint against a police officer.

"I hope it doesn't come back on them, like it did on me.''


TOPICS: Crime/Corruption; US: Ohio
KEYWORDS: donutwatch
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To: steve50
There are two things that bothered me about this incident.

First, when the capt. viewed the tape with the girl, he should have seen her complaint was not false (as the jury did later) unless, he condones this behavior from his officers.

Secondly, I understand that when you are pulled over on a traffic stop you are under arrest and it depends on the officer whether to cuff you and bring you in or not, as the law is written.
However, most police use the nature of the offense and the record of the person to make a determination case by case.

No one especially law enforcement is above the law. They should have taken it up with the shop who put the film on as, they are supposed to comply with the guidelines of the state.

In conclusion, if the police and our other agencies would stop going after "harmless citizens" and catch the real people that threaten our freedoms, they might find more support and fewer complaints.
21 posted on 08/07/2002 10:15:57 AM PDT by Thisiswhoweare
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To: steve50
Here's a briefing on the Village of New Rome: 1 Block x 2 Blocks (less than 2/10 of a mile on the major route), 60 residents (18 of which are minors), 14 full time police officers and the city council just voted to add 10 more full timers, the police force rakes in $400,000 annually in ticket fines. The thugs have pulled people over for mud on license plates, crooked county stickers, dim license plate light....they handcuff 80 year old ladies, come to your work and arrest you if you don't show up to pay your fine at their little mobile trailer/courthouse. It's the Village from Hell. Literally.
22 posted on 08/07/2002 10:18:39 AM PDT by Printers Angel
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To: YaYa123
I never use written sarcasm. Without tone, rolling eyes, belly laughs and hand gestures, sarcasm, even the clever variety, is too easily misunderstood.

You just need to "tag" it. (</SARCASM>)

23 posted on 08/07/2002 10:21:08 AM PDT by facedown
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To: Printers Angel
Neither New Albany's police chief nor Burton would comment on the case, nor would New Albany's prosecutor or its law director. The department and village are defendants in a lawsuit Scheerer filed last month.

She and two others in Franklin County have been charged under the law, which took effect in March 2001, that makes filing a false complaint a misdemeanor offense.

Oh, it gets much better:

Looks like the crooked cop and prosecutor may be looking for some new employers.... Indiana law also provides triple damages, since the victim had to resort to a civil suit...and the prosecutor could face disbarment for violation of the Indiana Canons of Ethics for an attorney as well.

-archy-/-

Indiana Code, IC 35-44:

ARTICLE 44. OFFENSES AGAINST PUBLIC ADMINISTRATION

IC 35-44-1

Chapter 1. Bribery, Conflict of Interest, and Official Misconduct

IC 35-44-1-2

Sec. 2. A public servant who:

(1) knowingly or intentionally performs an act that he is forbidden by law to perform;

(2) performs an act he is not authorized by law to perform, with intent to obtain any property for himself;

(3) knowingly or intentionally solicits, accepts, or agrees to accept from his appointee or employee any property other than what he is authorized by law to accept as a condition of continued employment;

(4) knowingly or intentionally acquires or divests himself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of his office that official action that has not been made public is contemplated;

(5) knowingly or intentionally fails to deliver public records and property in his custody to his successor in office when that successor qualifies; or

(6) knowingly or intentionally violates IC 36-6-4-17(b);

commits official misconduct, a Class A misdemeanor.

As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977, P.L.340, SEC.54; Acts 1980, P.L.73, SEC.2; P.L.34-1992, SEC.2.

***** ***** *****

IC 35-45-6

Chapter 6. Racketeer Influenced and Corrupt Organizations IC 35-45-6-1

Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.

"Enterprise" means: (1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or

(2) a union, an association, or a group, whether a legal entity or merely associated in fact.

"Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.

"Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:

(1) A provision of IC 23-2-1, or of a rule or order issued under IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Child exploitation (IC 35-42-4-4).
(9) Robbery (IC 35-42-5-1).
(10) Carjacking (IC 35-42-5-2).
(11) Arson (IC 35-43-1-1).
(12) Burglary (IC 35-43-2-1).
(13) Theft (IC 35-43-4-2).
(14) Receiving stolen property (IC 35-43-4-2).
(15) Forgery (IC 35-43-5-2).
(16) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(17) Bribery (IC 35-44-1-1).
(18) Official misconduct (IC 35-44-1-2).
(19) Conflict of interest (IC 35-44-1-3).
(20) Perjury (IC 35-44-2-1).
(21) Obstruction of justice (IC 35-44-3-4).
(22) Intimidation (IC 35-45-2-1).

(23) Promoting prostitution (IC 35-45-4-4).
(24) Promoting professional gambling (IC 35-45-5-4).
(25) Dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine (IC 35-48-4-1).
(26) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(27) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(28) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(29) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
(30) Money laundering (IC 35-45-15-5).

As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.190-1984, SEC.1; P.L.180-1991, SEC.10; P.L.230-1993, SEC.4; P.L.8-1993, SEC.511; P.L.112-1998, SEC.1; P.L.17-2001, SEC.16.

IC 35-45-6-2

Sec. 2. A person:

(1) who has knowingly or intentionally received any proceeds directly or indirectly derived from a pattern of racketeering activity, and who uses or invests those proceeds or the proceeds derived from them to acquire an interest in property or to establish or to operate an enterprise; (2) who through a pattern of racketeering activity, knowingly or intentionally acquires or maintains, either directly or indirectly, an interest in or control of property or an enterprise; or (3) who is employed by or associated with an enterprise, and who knowingly or intentionally conducts or otherwise participates in the activities of that enterprise through a pattern of racketeering activity; commits corrupt business influence, a Class C felony.

As added by Acts 1980, P.L.199, SEC.2. Amended by P.L.211-1991, SEC.9.

24 posted on 08/07/2002 10:22:38 AM PDT by archy
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To: Printers Angel
Sounds like quite a little scam. I'll bet the city employees are well taken care of.
25 posted on 08/07/2002 10:23:38 AM PDT by steve50
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To: Printers Angel
"Good Grief! ..."

You sound surprised. What kind of Law Enforcement Officers did you think we have out there protecting us these days?

It's not 1950 anymore honey. In many towns (and states for that matter), Law Enforcement is no more than one more armed gang to deal with.

Sad

26 posted on 08/07/2002 10:25:26 AM PDT by Lloyd227
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To: Thisiswhoweare
I can tell you something else about this incident. This cop was trolling for a violation. Whenever a cop in an unmarked vehicle pulls up behind you so close that you can't see their headlights, they're trying to goad you into speeding up to get away from them. Cops know d*mned well that they can scare people into breaking traffic laws by shadowing them at night and scaring them.

I get double-p*ssed when I read articles like this. Citizens shouldn't have to put up with it, and it makes it twice as hard for cops who are trying to do a good job.

27 posted on 08/07/2002 10:25:56 AM PDT by Richard Kimball
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To: Printers Angel
Sounds like some places in Texas that I know.
28 posted on 08/07/2002 10:29:29 AM PDT by Doctor Stochastic
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To: Richard Kimball
When police behavior such as this becomes routine, it's easy to see why OJ got off.
29 posted on 08/07/2002 10:35:03 AM PDT by Doctor Stochastic
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To: Printers Angel
A close friend of mine got a DUI because she was operating her vehicle under the influence. In this case, "operating" meant sleeping in the back seat with the motor running for heat. She knew she shouldn't drive, and didn't have anyone to call or cash for a cab.

She was offered an opportunity to get out of the ticket, however. In some states what she was asked to do is illegal.

The problem is she knew, and knows, that she can't win. The officer didn't have the camera on, so it was his word against hers.

It's a shame that a few really bad cops make the rest look like thugs.

30 posted on 08/07/2002 10:35:39 AM PDT by sharktrager
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To: Printers Angel
Good gosh, New Rome DOES SUCK! Glad I don't live anywhere near there. My closest speed traps are Boones Mill, VA and Bedford County, VA. They suck, too!
31 posted on 08/07/2002 10:36:11 AM PDT by Looking4Truth
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To: Printers Angel
'Desecration of the graves' bump.
32 posted on 08/07/2002 10:38:55 AM PDT by headsonpikes
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Comment #33 Removed by Moderator

To: steve50
The "city employees" and most of the council members are related. I imagine they all came from some god-forsaken holler somewhere.
34 posted on 08/07/2002 10:57:06 AM PDT by Printers Angel
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To: Lloyd227
I would like to think that the LEOs are here to serve and to protect. I wasn't born yesterday, but I still believe most are good people.
35 posted on 08/07/2002 11:00:42 AM PDT by Printers Angel
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To: Richard Kimball
I agree with this post. The improper action on the part of this agency makes the rest of us work that much harder to accomplish our jobs.
This incident is why I have difficulty in supporting a law making it a criminal offense to file a false report against a police officer. The only time I support this is if the complaint is of a criminal action. If the allegation is proven false, then the person has filed a false police report.
The day we arrest and prosecute people who have a difference of opinion is the day we cross the line into totalitarianism.
36 posted on 08/07/2002 11:03:38 AM PDT by midcop402
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To: Printers Angel
"Officer Kevin Deckop of the New Albany Police Department cited Scheerer because the tinted windows on her silver Hyundai Tiburon were too dark."

Of course this revenuer could tell the exact transmissivity of back glass in the dark with his headlights shining on it! Uh-huh, Suuuuuuure, Melvin. He should be ticketed for following too close. It's no excuse for the ding-dongs that we hire to patrol our highways to do that unless they are code 3 with their lights on.

They like to follow right on your bumper in hopes that you will speed up so they can haul you over for speeding. That's a favorite trick out here in Oregon and Washington.

37 posted on 08/07/2002 11:05:52 AM PDT by nightdriver
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To: Printers Angel
"Here's a briefing on the Village of New Rome: 1 Block x 2 Blocks (less than 2/10 of a mile on the major route), 60 residents (18 of which are minors), 14 full time police officers and the city council just voted to add 10 more full timers, the police force rakes in $400,000 annually in ticket fines"

A friend of ours used to calibrate the speed guns used here. Later, while driving through the town, he got busted for driving 31.1 mph in a 30 zone. They are unbelievable.
38 posted on 08/07/2002 11:05:59 AM PDT by Grammy
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To: Grammy
Grammy, you speed demon. ;)
39 posted on 08/07/2002 11:10:35 AM PDT by Printers Angel
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To: *Donut watch
Index Bump
40 posted on 08/07/2002 11:21:44 AM PDT by Free the USA
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