A Little Justice Served But Not Enough For All The Damage Done By The East Haven Board of Police Commissioners

Last night during the first meeting of the newly appointed East Haven Board of Police Commissioners everyone was wondering what the post Fred Brow and James Krebs era would be like under the new Chairman Joseph Civitello and surprisingly it went off without any controversy. However, what I was surprised about is the appointment of Carl Perez as the Vice Chairman of the Board after all of the allegations were floating around Town about his pending arrest for threatening a minor at East Haven High School.  

Mr. Perez serves as the East Haven High School In-School suspension officer and has come under fire for threatening a 14 year-old child while serving in a position overseeing our men and women who uphold the law. Mr. Perez is also a retired Connecticut Corrections Officer and has dealt with many prisoners who have been held for violent crimes and maybe even murderers. Therefore, it comes as a very big disappointment that person with his background would put the Town of East Haven back in the negative spotlight by his own conduct in addition to potential legal action. There is no doubt by Mr. Perez’s alleged actions as a Town Employee and his service on the very board that is supposed to uphold the law should resign immediately from the East Haven Board of Police Commission.

If Mr. Perez resigns from his position it would allow Mayor Joseph Maturo to fill the spot with a person, either Democrat or Republican, that would give Maturo the majority and control of the Board. Although I do not support Mayor Joseph Maturo, I know that replacing Perez would completely end the disastrous term of Fred Brow and James Krebs as well as the policies of the Capone Administration that declared war on the East Haven Police Department.

Lastly, with this Perez situation I wonder what the Department of Justice thinks of this latest turn of events?  After-all the Department of Justice made it very clear that intimidation and violence would not be tolerated after they swooped in and made the arrest of our four Police Officers. The DOJ said they had to take action because those officers were in a position to continue to harass and intimidate the very population they served. Well one might think the same of Mr. Perez. Maybe the Department of Justice should begin to investigate Mr. Perez and his interactions of the student population at East Haven High School. How many students are involved? Are there any civil rights violations? Are there any acts of intimidation, maybe even racial profiling too? After-all, who other than the DOJ should investigate Mr. Perez and his actions? Of course I say this all with tongue and cheek and in all seriousness how could the Department of Justice take anyone of these self-righteous clowns that served under Fred Brow and James Krebs seriously? How could they even think they are a credible source of information or even reliable witnesses when certain members have questions of their own character? Each one of them served knowing that the public did not support what they were doing. Fred Brow publicly denied he called the Department of Justice, when the States Attorney’s Office said there was no case against Officer Cari and this blog proved he lied by showing you the truth with the actual documents. It was discovered that James Krebs failed to pay property taxes to the Town of East Haven for years on vehicles he owns and he held a seat on a board that was supposed to uphold the law. Now the latest disgrace to hit this board and one that actually ended up in an arrest! Is Perez going to blame Police Union intimidation, The East Haven Vine or whomever for this being reported? Don’t be surprised if he does but it will never hide the fact that Mr. Perez or any of his former board members can ever paralyze the truth!

Mr. Perez should do the right thing for the Town of East Haven and resign his position and let a little justice be served along with some sweet karma.

Is Erica Berg and the Former Capone Administration Kidding Us or What?

If you really want to know the entire truth about what happened down on the beach that summer day in July 2009 you have to know that it didn’t start that day, it started back in 2006. The whole concept of Beach Parking started as a campaign idea to wedge open the Republican strong hold in the 2^nd District. At the time Democrats were losing 2 to 1 in every election in the district and April Capone and her gang figured that if the won the district it would be the biggest prize in the election for Mayor. It was a good strategy because it worked.

I had warned Mayor Joe Maturo and Art DeSorbo on several occasions to watch out because April was unlike any other opponent they faced. She had a knack of getting under your skin and to push it to the next level.  As Chairman of the Subcommittee for Beach Parking, April openly challenged me when I asked her to produce “the hundreds” of letters she received regarding residents complaining. I had to use threats of court orders and finally when I received the “6 or 7 letters”, all from the same person, I knew that we were dealing with a deceptive person. My political instinct kicked in and I wanted to call a press conference to call her out on what she was doing but I was told by the Administration. “Danny come on she’s a nobody, please don’t make a big stink about her, ignore it.” No one would listen.

Then the infamous Candlelight by the Sea debate came and when I folded to political pressure I knew my time serving was done. I made a big mistake supporting that cause for what I was told was going to be for the betterment of the Town. If I could take back one vote it would be that. In November 2007 the unthinkable happened Joe Maturo was defeated and the 2^nd District Republicans were swept out of office. April Capone Almon had done the unthinkable and we all knew that life at the beach would never be the same as well as the Town.

When I did not run for re-election Officer Mike Sorbo stepped in my place to run. Unfortunately, he was not successful in retaining the seat but after the debacle of the Candlelight, I don’t any Republican would have won. The summer of 2008 we received our first parking passes with our tax bill and were told to place them on our cars. There was no plan, there was no discussion and as usual with anything that came out of the Capone Administration it was a disaster from day one. People who didn’t have the pass were given tickets and then they began to park on the streets near the beach. Our Community Police Officer was converted from Patrol of the Beach to writing parking tickets in the Beach Parking Lot. It was a big waste of time and a waste of resources, all for an idea that was just plain stupid from the inception.  In its first year the beach parking pass did not cause any major problems until the Splash Park was constructed.

In July 2009, word got out that East Haven had built a Splash Pad and it became a popular destination for the entire Greater New Haven Area. We had hardly any infrastructure to handle what we already had and adding the Splash Pad in addition to the Little League and Beach was just not a good idea. Do you think April knows she screwed up?  You bet. Do you think she was getting pressure from the residents about the horrid parking situation at the beach? You bet. So what better way for someone to cover up their mistake but to BULLY her position and straighten out Officer Mike because he was writing tickets and towing cars? She assumed he was doing it for political reasons.  As I always say only guilty people do the things they do!  Now I can understand the Mayor going because she was getting pressure but she should have called the Chief instead.  But why would Erica Berg even go near the place? Her job was to receive calls and type emails in the Mayor’s Office not to enforce policy or the law. Erica Berg had no business being there and instead of suing the Town of East Haven she should sue April Capone for putting her in that position to begin with. April Capone’s pure lack of judgment placed Berg in this position along with her verbal tirade of Officer Sorbo. So who started it? It looks to me as Officer Sorbo was dealing with cars blocking the parking lot entrance and a potentially dangerous situation where cars were attempting to drive through the play-scape area to exit the area. Who’s responsible? April Capone and Erica Berg. Neither of them had a right under the law to interfere with a lawful order of a police officer.

I find it ironic that in this case the Department of Justice hasn’t weighed in on it yet. But because  Sgt. John Miller is involved,  I wonder how the DOJ feels about the lack of following the chain of command from the Mayor’s Office? After all the DOJ said that Sgt. Miller skipped the chain of command and that was one of the reasons why he was indicted and called a “bully with a badge”   In the organizational chart of the Town of East Haven the Chief of Police reports directly to the Mayor. The Police Officers in the Town report directly to the Chief and the Supervisory staff of the Department. NOT THE MAYOR.  So did the Mayor April misuse her authority to POLITICALLY BULLY and INTIMIDATE a politically defeated candidate, Officer Sorbo? Did the Mayor use her position to usurp the Chief and give direction to unlawfully return vehicles that were legally towed? Why did she do that? Were these political friends? Where, oh where, is the Department of Justice in this case? Two wrongs don’t make it right and as I reported in my previous blogs I believe there was Political Profiling happening in East Haven. Isn’t that a crime? Should April Capone be indicted for being a Political Bully? Where is the Special Grand Jury Investigation?

Regardless Erica Berg and April Capone got exactly what was coming to them. When a Police Officer tells you to stop, you stop regardless. When a Police Officer tells you to disperse you disperse. If you don’t like the actions of the Police Officer you file a complaint, not make a public disturbance. April Capone and Erica Berg were lucky I wasn’t the officer on duty. Officer Mike Sorbo showed considerable restraint by not arresting them on the spot, I would have cuffed and stuffed them right there and then. The bottom line is this is more of the same circus atmosphere that April Capone and the rest of the Democrats want to play. These people are very sick to put this town through this and for what the title of Mayor and the Power of being the party boss? Both sides better wake up soon because before you know it the Town of East Haven will be placed in receivership and it’s both parties fault.

As for Ms. Berg’s claim of being fearful of coming to East Haven or not being able to go to a bar without having a fight. It takes two to tango Ms. Berg. A fight won’t ensue if you’re not looking for one and maybe at the age of 34 it’s time to grow up and be held to account for your actions and stop hanging out in bars. You made the decision to go to the beach. You made the decision to participate with interfering with an officer and just in case you forget the charges were only dropped after Mayor Capone had to apologize for her actions. Apologizing is admission that you’ve done wrong. Here are some words to live by, taught by Officer Mike to the 5^th Graders of East Haven. “Guilt by Association” and “Consequences” Think about it before you yourself drag yourself down the slippery slope of eternal embarrassment.

Beginning Evidence in the US vs. EHPD Is Weak At Best

So the United States Government’s beginning argument to keep Officer Jason Zullo and Officer Dennis Spaulding out of East Haven is based on the transcripts written below and a statement by Officer Zullo? Is the United States Attorney kidding us or what? While these statements are not the most politically correct words they are certainly nowhere near the level that would constitute racial profiling and or intimidation of Latinos.  So lets look at what these statements could mean?  

·         9 p.m. on Jan. 15, 2009, if Zullo had sprayed a substance referred to as “oc” in Spaulding’s car, Zullo allegedly responded, “NAH, THAT’S ALL THE MEXICANS U GET IN THE BACKSEAT!”

What car are they referring too? Could it be Spaulding’s personal car? Police Car? What is the relevance?  Maybe they are talking about Mexican take-out food? Maybe they are talking about Mexican friends they have? At best, if they are using Town owned computers to transmit these conversations they could receive a written warning and or maybe suspension.  However, where is the policy and procedure that governs this type of computer use?  Does this constitute the violation of someone’s civil rights, which by the way is very questionable?

·         On Feb. 8, 2009, Zullo allegedly reported to Spaulding that La Bamba’s, an Ecuadorean-owned bar on Main Street “only has 5 cars.”
“Thats 5 cars to (sic) many!!” Spaulding responded

Feb 8,^, 2009 was a Sunday. What time of day was this taking place at? Was it after 2am when the bars are supposed to be closed? What do the 911 records show since LaBambas has been opened?  How many calls have made to the Police over the years about LaBambas? Has LaBambas ever had its liquor license suspended?  Certainly these statements mean absolutely nothing without knowing the details! But maybe we can find out why there was only 5 cars…..Here is the weather statement for that day. It was raining and maybe snowed. Maybe they stayed home because of the weather!

http://www.almanac.com/weather/history/CT/East%20Haven/2009-02-08

·         On Feb. 25, 2009, Spaulding allegedly asked Zullo, “Why is (Barra’s, another Latino-owned Main Street bar) empty???”
“havnt been that way yet.....prob cuz of you,” Zullo allegedly responded.

February 25, 2009 was a Wednesday. Again what time of day did this take place at? What does the statement imply? Maybe Wednesday was not a busy day. Maybe Barra’s doesn’t have a happy hump day or half price beers?  Let’s take out the detective Hats and check the weather. Again it was raining and maybe snowed. Maybe no one went there because of the weather! Maybe the statement meant nothing at all but was an observation of good police work.

http://www.almanac.com/weather/history/CT/East%20Haven/2009-02-25

·         Then on Feb. 28, 2009, Zullo informed Spaulding, “That party is at labambas tonight.”
“No one there yet!” Spaulding responded. “You run your guy through ICE?”

Here’s the case cracker. I mean Vincent Gambini would be so proud! It was the third time these two officers worked during rain & snow!!! All three damning communications were held in February of 2009.  What else do we need to prove that they are in collusion and conspiring to profile Latinos? Maybe Labamba needs a marketing plan to effective put fannies in the seats?

Here’s the proof!

http://www.almanac.com/weather/history/CT/East%20Haven/2009-02-28

All of these statements mean absolutely nothing and seem to be reaching to point out what could be the thought of racial profiling. Again these statements went before the Grand Jury. The Grand Jury has a prosecuting attorney that asks questions of witnesses looking for indictments and looking for any excuse to allow the case to move towards an arrest.

 If these statements from the car computers are going to be introduced as key statements and proof that these two officers were profiling then we are going have a very short case resulting in an acquittal if the charges. 

In addition, is this information that US Attorney is relying on to hold Zullo to the Yadanny Garcia case? Where he said that Officer Zullo used his Taser gun on him? If you recall the case, Mr. Garcia avoided a DUI Checkpoint, fled his car and ran into the bushes next to Michaels Cafe and when confronted to be placed into custody, he resisted arrest. The four accused officers, including Zullo, were accused of using excessive force and then Garcia dropped the case because he lied to the Department of Motor Vehicles, unraveling his lawsuit.  Do you see why the civil case is so important to the Defense of the four officers?

These four officers are not the criminals the United States Government is making them out to be and by holding them to a standard of high bonds, frozen assets and restrictions that are given to hardcore repeated criminals it reeks of harsh retaliation. These men are sworn officers, not flight risks or a danger to the community. They certainly know the consequences if they were to re-engage the community that is accusing them and if they did do that it would be monumentally stupid. There needs to a be fair level playing field where our officers are not convicted of crime even before the trial starts. Like I have said for a long time, there are two sides to every story and somewhere in the equation there is the truth. The only way justice will be served is by everyone having a level head, being fair to all parties involved and to stop the drama that is being played out in the media.

Lastly, what I and many others are struggling to understand is the application of the 14^th Amendment in this case especially to those whose reside here illegally. The 14^th Amendment is clearly written as provided in Section 1

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

How do these provisions apply to the some of these defendants if they are not citizens? Why is a judge allowing a Constitutional Right to people who have not naturalized or became a citizen to the United States?

I’m not saying that visitors, tourists or others shouldn’t have protections but to use the provisions that I rely on and pay taxes for is not only an insult but when it’s used as a weapon in the detention of our four officers it becomes deplorable. If anything it seems that the last section of section 1 in the 14^th Amendment applies to Sgt. Miller, Officer Zullo, Officer Spaulding and Officer Cari where the State shall not deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protections of the laws.

Who is looking out for these Officers and their families Constitutional Rights? It’s certainly not the US Attorney’s Office.

Claims of Beatings While Handcuffed and The Misconception That The Prisoner Is No Longer A Threat To An Officer.

So the DOJ and Feds are claiming that while handcuffed prisoners were given beatings and were assaulted. Of course the liberal media hears that and the East Haven Police Department becomes bullies with badges. So let me pose this question to my readers. Do you think once a prisoner is handcuffed that they are no longer a threat? Well if you don’t think so take a look at these video clips.

http://www.youtube.com/watch?v=OF5sBM5tcFo&feature=fvst

What about when a prisoner is combative and spits bloody saliva in your face like in this video. Does an officer have to take home Hepatitis B or anyother types of diseases because some person can't give the respect due?

http://www.youtube.com/watch?v=sBnRggJfm0U

Or how about when a criminal resists arrest like in this video. Who's at fault? Please don't tell me the cop shouldn't have pulled him over.

http://www.youtube.com/watch?v=bLCUXs8q_Bo

If you ever think that Police/Fire and EMS work is like watching Andy Griffith or watching a scene from Emergency you are sadly mistaken. In reality it’s more like watching COPS or Rescue 911. So when the Feds question a field police officer what does the FBI really know about Police Work? I don’t see the FBI patrolling the streets or protecting the community like our front line Police Officers do. In addition, our DA’s or State Attorney’s work case load after case load dealing with hardened criminals while the FBI and the US Attorney’s get to pick and choose what they want.  Has the DOJ looked at the conviction records of Officer Spaulding or Zullo? When was the last time a New Haven Field Officer from the FBI had to fire his weapon like Sgt. John Miller did to protect a fellow officer or even received a bullet like Officer David Cari did? The answer is either it hasn’t happened or I can’t find any reference to it on the internet.

The facts remain that these officers who were targets of the DOJ probe and the FEDS are not the villainous criminals they are portrayed as. In fact to many of us they are the only line of defense in a border war that is occurring 2500 miles away. These officers also put their lives on the line every single day and it doesn’t matter what city, town or village they are from crimes can happen anywhere at any time and the DOJ and the US Attorney’s Office instead of playing politics should take the time to get to know what is truly happening in the streets of America.

Not soon enough the case that is coming next January will start to reveal the situations of these “alleged beatings” but one thing really still bothers me. If these beating took place in the Town of East Haven and these people were beaten the way they told the FEDS then wouldn’t it be as simple to contact the East Haven Fire Department? The EHFD would be the first responders to any medical situation in the Town and would be witness to these “alleged beatings”. Being a member of the EHFD volunteer force I have never once heard any of our volunteers or Medics ever say they saw or witnessed the aftermath of these “alleged beatings”. In addition, what about the booking photographs? Shouldn’t they show evidence of the beatings?

Do you know what I think is going on? I think that the DOJ listened to a Priest, a bunch of illegals, a few attorneys and a few politicians from the Town of East Haven that were hell bent on getting rid of the Chief of Police. The Town Attorney and Mayor April make statements like “I want a pint of his blood.” Paul Hongo has all this knowledge. Police Commissioners are telling the general public that cops will be led out of the Police Station in cuffs and to date every one of these predictions have all come true, well except for the Chief’s pint of blood. Just sit back a get the panoramic view and doesn’t it seem like it’s all about politics?

There isn’t one video produced, one eye witness account produced to date, that gives just cause to why our four Police Officers are under house arrest. Trusting the Federal Government with Obama and his henchman Eric Holder at the helm is like trusting the Captain of the Titanic to get me to New York safely.  I just won’t buy it.

The East Haven Vine has been recognized as The Best Local Blog in Connecticut! Click on link below!

http://www.stateside.com/government-affairs-consulting-best-local-politics-blogs.php

Some Serious Questions surround the indictments of East Haven's Four Officers and Those who have perjured themselves

I have one question that might set off a fire storm of more questions. Did Mr. Yadanny Garcia testify before the Grand Jury in Bridgeport and if he did, why is he not facing perjury charges for lying before the Grand Jury? Even if he did not testify before the Grand Jury why is he not now being charged with perjury for what I call “piling on the rabbit syndrome?” After all, it’s clear that Mr. Garcia is nothing but a liar and made statements so he could avoid prosecution.

Mr. Garcia made charges that he was beaten, tased and was verbally assaulted by one of the four officers, Jason Zullo who sits home today under house arrest and is under a world of more accusations. Three other officers Michael Sorbo, Lt. Lennon and Frank Montagna all have been dropped from his lawsuit and accusations but Jason Zullo still is not cleared? You have to ask yourself WHY? What do the Feds and the Yale Law Students know that we don’t know? Why is Officer Jason Zullo still being held to account for a false claim?

U.S. Attorney Fein and his cohorts deemed the four accused officers in the January indictment as “bullies with badges” what a complete joke that is. Just look at what the Federal Government has done to the Town of East Haven in lieu of knowing that the Garcia case was falling apart just before its very own eyes. Where is the remedy for the residents of this Town that have to bear the burden of words of “cancerous” cops without a single piece of evidence to support those charges? There is definitely a motive to this entire operation behind East Haven and as every day passes it seems to be more and more politically motivated.

Just look at what Judge Janet Arterton did with the Civil Trial vs. the Criminal trial. If this Judge was truly looking for the truth in this entire case she would have looked at the testimony of several of the key witnesses in the Civil Case and said there is clearly a problem here in addition to Garcia’s claims. She did not and US Attorney Fein got his way or better yet, a cleared road to prosecute. Where is the justice in a case which hasn’t yet been heard?

The four officers that were indicted sit home under house arrest with every piece of their assets tied up, the reason? Well in order for the United States Government to try its case and win the case they need every advantage and the additional “every resource” available, aka your tax dollars. This strategy hampers the defendant from getting the best legal defense and casts a dark cloud and psychological advantage for the US Government. That is why it is important to understand why the Signal 4 Defense Fund has been set up and monies are being collected across the country for these officers. In addition, two of the men are forbidden to enter the Town of East Haven because the judge and the Prosecution feel they would be a threat to the community. That statement is simply outrageous. We have illegal aliens walking our streets, driving unregistered and unlicensed and that’s ok. We have a Mayor in the City of New Haven that is openly breaking Federal Law and a Priest in New Haven that openly admits to harboring illegal aliens and the men of our Police Force are confined to their homes? There is something seriously wrong with our system of justice.

East Haven, Connecticut is not alone in this fight with illegal immigration. Across the country in Arizona, South Carolina and in other municipal police departments the Obama Administration and Eric Holder have declared war on the United States Constitution by protecting the people who enter our country illegally instead of helping our Police Departments. In a recent article by Rachel Alexander, Obama Targeting Police Nationwide to Divert From Fast and Furious it shows the many Police Departments across the United States that are being targeted and unfortunately the only way this stops is by a change in the White House this coming November. Again, our protection, our confidence and our ways of living all are at the hands of politicians.

We need answers in the East Haven Case. We need to know why the United States Government is pressing so hard for convictions instead of the truth. We need to know if there is political profiling in the East Haven case. I documented on this very blog that Fred Brow, Chairman of the East Haven Board of Police Commission did indeed have contact with the Department of Justice after he denied it in pubic. We need to know why Mr. Paul Hongo, Former Director of Administration seems to have so much information while everyone else here has none. Where is our Congresswoman Rosa DeLauro in all of this? What does she know?  All of the people I mention above are Democrats with deep ties to Washington DC.

In a prolific movie from 1984, Red Dawn, there are a lot of alarming references to our weak borders where the Cuban and the Nicaraguan armies walked right through Mexico into United States after Mexico was plunged into revolution. The movie refers to "infiltrators" or other words "illegals". Now I am not saying this exact scenario is happening today and it's only a movie but look at what is happening today in Mexico. It is in state of almost civil war and anarchy. Look at the countries of South America. They are not the most friendly to us! Don't forget many of these countries don't like United States and it's American Imperalism,  take a look at this clip from Red Dawn, change some of the countries around and think of what could happen if we continue to allow our borders to continue to go unsecured. ert from Fast and Furious

We cannot continue to be the lambs in this game. We need to have a voice and stand up to this liberal attack on our Police not just here but across the country. Read everything you can and have a voice. We need to protect our Country from the radical left agenda that believes that open boarders, social welfare are the answers to all of our problems. If that ideal is so terrific then why are these very people not fleeing to Hugo Chavez in Venezuela where the ideals of Socialism thrive? Or do they?

DOJ Demography Despots Bully Their Way Into East Haven

Another fantastic article written by Ms. Torre. It's a must read!

Reprinted with Permission, "Connecticut Law Tribune."


Monday, January 30, 2012

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DOJ’s Demography Despots Bully Their Way Into East Haven

By KAREN LEE TORRE

Federal Department of Justice officials recently flew into New Haven and, before a gaggle of reporters summoned to a press conference, released the DOJ Civil Rights Division’s at-last-final investigative report into alleged “racial profiling” and abuses of “Latinos” by the East Haven Police Department. Heavy with histrionics and sweeping rhetoric, it reads more like a stump speech by a Democrat running for mayor of a sanctuary city.
For example, it cites the EHPD’s failure to “reach out” to the Latino community (whatever the heck that means), as if there is a federal statute requiring that. I prefer cops reach out and nab drunk drivers and those speeding around town unlicensed and uninsured, without fear of the DOJ’s demography despots swooping down with subpoenas, and Yale law students cutting their liberal teeth on them.
Mere days after staging the civil side show on East Haven, DOJ officials flew to New Haven again, this time to announce the indictment of four East Haven police officers on federal criminal charges related to the same conduct. There are unseemly ties between the DOJ’s dual civil and criminal pursuits of East Haven. More odorous is that for both purposes, the DOJ is using “victims” who also happen to be suing East Haven for money, and whose efforts are clearly buttressed by the DOJ. One hand is washing the other, the second the third.
In production for two bureaucratic years, the DOJ’s civil-side accusatory report on the EHPD was deliberately — and I say unconscionably —timed to coincide with the criminal indictment. Federal officials in the second press conference were flanked by U.S. Attorney David Fein. As with its civil report, the DOJ arranged an announcement of the indictments in the most public way, summoning media to convene for the delivery of inflammatory rhetoric and gratuitous aspersions on the accused, which federal officials knew would be TV broadcast, newspaper headlined, and Internet viral. Among the improper commentary: statements denouncing the accused officers as a “cancerous cadre” and “bullies with badges.”
I was stunned. The U.S. Attorney’s office usually announces indictments by paper press releases only. They are always appropriately sterile, announcing the names of the accused and the charges brought, while steering clear of any statements that amount to personal attacks, undermine the legal presumption of innocence, or work to poison the jury pool.
Consider whether you would ever hear such rhetoric by federal officials at a press conference held to announce the arrests on criminal charges and the holding for deportation of 12 Ecuadorians or Mexicans illegally in the U.S. Imagine one of them taking to a public podium to denounce those arrested as a “cancerous cadre” and “low-lives with stolen Social Security numbers.” I could just see the headlined condemnations in the press, and hear the hysterical screams in the hallways of Yale Law School.
In both cases, Thomas Perez, chief of the DOJ civil rights division, was in the forefront. A controversial Obama administration appointee, Perez was a subject of a recent book by a former DOJ official who describes “how a once-storied…DOJ Civil Rights Division” has, under Perez, “degenerated into a politicized fiefdom for far-left militants, where the enforcement of the law depends on the race of the victim.”
“Injustice,” by J. Christian Adams, suggests the perverse introduction into DOJ enforcement policies of a bygone “whites only” sign, this time to denote not those who might legally sip from a public water fountain, but who might permissibly be targeted for DOJ civil rights investigations. Worth reading, it convinces of the assertion that an overtly racialist clique has infested the DOJ and “squandered its moral authority.”
A paper release with David Fein’s name on it does contain the obligatory statement that an accused is innocent until proven guilty, but it is buried amongst a typeset mass of political rhetoric about cops and abuse. Its content, as well as its instructions to call Washington, D.C., and not Fein, with any questions about it, suggests Fein’s higher-ups wrote it, perhaps even against Fein’s will and better ethical and moral judgments.
To his credit, Fein did not deliver the “cancer” and “bully” statements, but he did before the cameras stand right next to the woman who did, and thereby lent the tacit approval of his office to her unethical harangue. No matter which party has controlled Washington, Connecticut has enjoyed a history of successive U.S. Attorneys who served their office with great distinction, and with respect for appearances, the presumption of innocence, and the need to refrain from the very sort of vitriol that was flung at that press conference. They include Alan Nevas, Christopher Droney, Stanley Twardy, Stephen Robinson, and Kevin O’Connor, none of whom would have abided the public maligning of an accused in such terms by a federal official who was obviously either dim-witted or herself a “bully with a federal badge.”
Fein entered his office with a fine reputation for fairness and ethical fortitude. What remains to be seen is whether he’ll leave with it, or become the first U.S. Attorney in Connecticut to be perceived as allowing politicos in the DOJ to put his face on a blatant use of a prosecution for ulterior civil and political purposes. He can start by publicly disassociating himself from those comments. And if there is any case law that permits the officers to demand a dismissal of the charges based on this grotesque poisoning of their trial environment, their counsel ought to invoke it. •
Karen Lee Torre, a New Haven trial lawyer, litigates civil rights issues in the federal courts. Her e-mail address is thimbleislands@sbcglobal.net.

East Haven Accuser Quiety Exits, Stage Left

In a further effort to get the other side out there I am taking articles written by Attorney Karen Lee Torre from the Connecticut Law Tribune. She has a distinctive perspective that I think you will be very interested to read about. This is the 1st part of a 2 part story on the East Haven Police Department.

Reprinted with permission, Connecticut Law Tribune"

Monday, January 9, 2012

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East Haven Accuser Quietly Exits, Stage Left

By KAREN LEE TORRE

Last month, I mentioned that locals I met view the allegations of “racial profiling” and other abuses by East Haven police officers against Latinos as politically motivated and suspect. The ink wasn’t dry on that column when one of the plaintiff-accusers in Chacon v. East Haven Police Department managed to validate their assessment.
On Dec. 12, 2011, plaintiff Yadanny Garcia unilaterally moved to dismiss all of his claims against East Haven police officers. Filed by his counsel, David N. Rosen, the motion was curiously bald. Rosen merely represented to the court that Garcia chose to abandon his claims, but notably added the dismissal should be “with prejudice.”
Wait a minute, I thought. A plaintiff in a media-soaked bias case, represented by a lawyer who unabashedly claims the ability to maximize damage awards, just figured he’s got better things to do? I practiced law too long not to recognize this as flagging the existence of an undisclosed back story. Sure enough, the backdrop was provided in subsequent objections to Garcia’s motion, filed by the town and the accused officers.
Underscoring the significance of this are Garcia’s allegations, set forth in a complaint freighted with melodrama and broad histrionic sweeps against the whole police department. There are chapters describing the plaintiffs’ alleged experiences with police officers cast as lawless, bigoted, brutes, each chapter introduced by a theatrical headline.
Garcia sued four officers, the whole department, its chief and the town itself in connection with a single incident on Aug. 8, 2009. Garcia claimed he was a passenger in a car driven by a cousin, that the two stopped at an East Haven bar to use the bathroom, and that upon exiting, he was accosted by four officers, tased three times, punched, called a “f---ing Ecuadorian,” and subjected to a “phantom arrest.” End of story.
As Garcia would have us believe, he had done absolutely nothing wrong, was minding his own business, and was selected for police abuse because of his “race” and “ethnicity.” (Since Latinos are white, the reference to “race” is inaccurate, as is the suggestion that officers know one’s ethnicity by looking at them).
That story alone strikes me as implausible, and recent filings flesh it out. The defendants assert that Garcia withdrew his claims because they “are demonstrably false” and he has no credibility. What actually occurred, they say, “is that [Garcia] was intoxicated and was operating a [car] registered in his name …when he came upon a sobriety checkpoint that had been previously advertised in the New Haven Register.” He reportedly tried to evade the DUI checkpoint by shifting his car in reverse and driving backwards over a curb, nearly striking the driver behind him.
Officers gave chase, eventually finding Garcia hiding behind brush in a parking lot. He had abandoned his car and fleeing on foot, leaving behind his keys and cell phone. Garcia also reportedly lied about whether he had been drinking. He first denied it, then admitted having a few beers. He failed a horizontal gaze test, and then refused to take a breathalyzer after being warned in writing that refusal would result in a license suspension. Garcia was charged with DWI, unsafe backing, and interfering with police. Some “phantom arrest,” huh?
Seeking to avoid suspension, Garcia testified at a DMV hearing that his cousin was the driver. His testimony in other respects varies from his complaint (for example, he claims “two or three” cops came at him, not four, and mentions one tase, not three). Apart from Garcia’s ipse dixit, there isn’t a shred of evidence to support the “my cousin the driver” claim. The hearing officer did not find Garcia credible, concluded he was the driver (of his own car), and suspended his license.
The East Haven officers object to Garcia’s motion because it fails to dismiss all defendants sued based on Garcia’s claims. The town goes further, demanding that Garcia be sanctioned for filing patently meritless allegations that Garcia and his lawyers allowed to “sit in the public sphere for over an entire year,” while they garnered mass media attention and cast the officers and the town in a “terrible light.”
Worse, the town notes, the plaintiffs and their lawyers “added sensational charges that the officers’ conduct was based on the plaintiffs’ race and ethnicity, a libelous claim that would be actionable were it not cloaked with the immunity of the litigation privilege.”
East Haven has been hammered by the media, which has all but declared the Chacon plaintiffs proven victims. The Obama Justice Department has launched a corresponding assault on the town, attempting to goad it into voluntarily ceding the management of the police department over to a federal judge. Could it be that the DOJ hopes East Haven will roll over, lest the DOJ actually have to prove its case – and prove it with what, witnesses like Yadanny Garcia?
Worse, the media suggests, a grand jury will soon indict numerous officers based on the very sort of claims made in the Chacon case. On what evidence will law enforcement officers face criminal prosecution? The stories told by those they arrest, like Yadanny Garcia? That is truly scary.
Recently, DOJ officials flew in from Washington, D.C., and, before a gaggle of invited reporters, publicly defamed the East Haven Police Department, notwithstanding ongoing grand jury proceedings. What did they know about Yadanny Garcia and when did they know it?
At minimum, this cautions all to pause and decline to throw stones until these allegations are put to the test of cross-examination and adversary process. •
Karen Lee Torre, a New Haven trial lawyer, litigates civil rights issues in the federal courts. Her e-mail address is thimbleislands@sbcglobal.net.

US Attorney Fein manuevers Judge to hear Criminal Trial Before Civil

So the shell game begins with a US District Judge agreeing to allow a motion made by US Attorney David Fein to stay or postpone the Civil Trail against the East Haven Police until the Criminal Trail is complete. So what's the big deal? Well it means everything if you the public want to know the real truth!

It seems that even though the Civil and Criminal Cases are separate they at many points are married at the hip and one can't be credible without the other. Why would US Attorney David Fein want this motion? Because he knows something that many of us don't know, that the civil case is fastly falling apart. Take for example Mr. Yadanny Garcia’s case, his own attorneys had petitioned the judge to withdraw his claims because they were false and misleading. In other words, Mr. Garcia lied and was no longer a strong witness, therefore could cost the case against the EHPD. So with this knowledge and probably a little ego it is better served for Mr. Fein to get this motion so he can proceed to a conviction of 4 or maybe more East Haven Police Officers. Isn't this the old proverbial putting the horse before the cart?

In the spirit of justice for all don't we all think it is better served that we actually hear the Civil Case first? Or is there more hidden in the DOJ report and the Civil Case? Could it be that the civil case also is holding more lies and mistruths from two key witnesses and if that sealed deposition was to be revealed to the general public there would be NO CASE against the EHPD? Could it be that the US Attorney's office is using the power of the bully pulpit, the media and other means to sensationalize the spector of more arrests to further his case? Well I guess US District Janet Bond Arterton thinks alike because she has allowed this motion and the Civil Case is suspended until the conclusion of the Criminal Case well into 2014.

Well as in any introductory case we should introduce our main characters to see what they are all about. You can click on these links to learn about

US Attorney David Fein....http://www.justice.gov/usao/ct/meetattorney.html

US District Judge Janet Bond Arterton  http://www.ctd.uscourts.gov/bio_jba.html

They both were appointed by Democratic Presidents and Mr. Fein seems to have a  more agressive point of view when it comes to any and all means necessary for Civil Rights...Just look here

http://www.justice.gov/usao/briefing_room/crt/outreach.html

We have to make Attorney General Eric Holder and Assistant Attorney General Thomas Perez very happy in their quest to bring the country to free and open borders and to continue to propagate the pseudo invasion of the United States of America.

People please read and listen very carefully......These people are counting on you being sheeps in a pack of wolves. There is only one reason why the Civil Trial is being held up....If they let it go they loose and if they loose 4 or more officers walk.

Stay tuned for more details.

Support East Haven by supporting our Police

Just last week our Town was rocked by a storm many of us hoped would never happen. Four of our EHPD were picked up by the Federal Government for a series of indictments and many of them are very serious. Do I believe the Federal Government? Do I believe my Police Department? Do I believe the men and women that serve? Let me first start by saying I used to have full faith and trust in my government but I can tell you now I believe in them less and less everyday. Eric Holder's FBI along with the Department of Justice have completely ignored what is happening next door in New Haven and seem to think that Mayor John DeStefano is some type of hero for allowing his city to become a sanctuary for illegal aliens.

Illegal aliens are not just Latino, they're many foreign nationals in this country illegal but why the Latino's are being targeted is because they come from the same hemisphere as we do. They're not coming from Europe or Asia they're coming from the America's. Many of the illegals in the Town of East Haven come from Mexico and Ecuador. Unlike our Mayor, I have a cultural understanding of the different nationalities and many of these people from Mexico and Ecuador are hard working people and just want the same thing we want and that is the American dream. However, these people before they step foot on US soil, are criminals because they haven't entered our Country legally. They are willful participants in breaking United States Customs Laws, therefore are deemed illegals.

Despite what the politicians say it is not alright for these people to enter our Country from tunnels, under fences or box cars. This pseudo invasion should never be condoned by anyone in our Government and when these people enter our country illegally they should be turned back and sent home. I don't care if it is 20 times. If these people want to come to our country our Department of Justice should make sure it is legally. I am the grandson of an immigrant and my family came through Ellis Island. My wife's parents are immigrants and they came here after Ellis Island closed and naturalized through the legal channels. It's not that hard and I certainly can't for the life of me understand what is so hard? Unless, of course these illegal aliens have every intention of gaming our system and send their earnings back home and pay no taxes or give any allegiance to our country? Could that be the reason?

Several years ago Mayor John DeStefano of New Haven started to give these illegals identification cards and just last year Governor Malloy gave them in-state tuition. Tell me how does that correct the behavior of breaking the law instead of enabling them to continue to break the law and then WANT MORE?  Now in the biggest crime yet DeStefano wants to give them "municipal voting rights." Who does John DeStefano think he's kidding? The only reason why he wants illegals to vote is so he will never have another challenger to come close to him like the last opponent he had. DeStefano almost lost New Haven in 2011. What better way to game the system than to cheat your way into office!

Now that problem in New Haven has come front and center to East Haven. Our Town IS NOT a racist Town. The majority of our residents believe in law and order and we want our cops to be allowed to do their job. That does not make us racist!? If the majority of the crimes that are being committed are by a certain race of people IS HAPPENING why is that racial profiling?

I spoke to a EHPD cop a couple of days ago who really put this in perspective for me. He told me that 4 of our biggest bars in the Town cater to the Latino Community. So if those bars are serving this demographic and they are large in numbers and there are crimes being committed of course they are going to have incidents with our Police. It makes sense. What makes even more sense is the motivation of some of these people to accuse the Police as much as they can because they are not LEGAL and if they get caught they run the risk of being deported, even worse they run the risk of the money being cut off. Now if you were in that position wouldn't you do and say ANYTHING to make the Police stop? Now what do you do if you were Father Manship? Could it be that you're worried that the collections will stop? After all the Catholic Church is a non-profit organization that relies on any funding possible and with all of the sex scandals the cash box is kind of empty. All of these people have motives to make the Police stop doing their job! Has anyone in the Federal Government stopped for one second and thought that through?

As for our Board of Police Commissioners, what can I say. This Board will go down as the worst board ever to serve. With documented proof we showed that former Chairman Fred Brow along with the rest of the co-conspirators have turned our Town into a war zone because they wanted Chief Len Gallo. Now I don't know if Len Gallo is guilty or not but what I can say is that he is a very intelligent person who knows the playing field and I find it hard to believe that he would get himself embroiled in a gotcha situation. He has now retired and is gone. Will the bullets stop flying?

This situation with the East Haven Police Department is simply politics at its absolute worst. Brow and Krebs dislike the Chief. The Chief dislikes April and Brow and Krebs. When do the people in the middle who foot the bill get to have their say? I like many of my other East Haveners have had enough and all I can tell you is that its going to get worse, much worse before it gets better.

But in the end the ones that are going to being suffering the most will be our EHPD. Imagine coming to the job that you love everyday and you hate being there. Better yet imagine if you couldn't perform your duties because someone is watching over your shoulder every single moment. This is what these powers that be have done to our East Haven Police force and for what? POLITICS! Politics was quite evident when the East Haven Police Commission appointed Krebs and Brow as Advisory Committee members after their terms expired. That has never been done! What an absolute mess these people have created. What is Brow and Krebs intent and motivation? POLITICS!

But what can you do as a citizen of East Haven? First make sure you educate yourself and get both sides of the story. I never just watch Fox News, I always make sure I watch MSNBC too then decide I want side I will take. These indictments are nothing more than a one sided story along with the DOJ report. We won't know the truth until January 2013 when the courts will hear the stories. But know this. How the Fed's behaved in the arrests of our Police will tell you bit of the story. You see it seems that the Feds were none to happy with their perception of "non-cooperation" by our PD and wanted to make an example. Strip searching their husbands and terrorizing innocent family members at 7am in their homes. Or better yet blockading our PD waiting for the ultimate showdown. Is the United States Government kidding me? These men wore badges and had the public trust day in and day out. What was the purpose of the pre-dawn raid? What was the intent no other than to strike fear in the next wave or better yet to intimidate the East Haven Police Community? Has anyone thought that it was excessive force? Why couldn't they just call Deputy Chief Mannion and have all four of them come in a surrender at EHPD Headquarters or even better the Federal Court in New Haven? We do it for harden criminals all the time!

In addition, two of the Police Officers are forbidden to enter the Town of East Haven and all of them had to put up hundreds of thousands of dollars in bonds on their personal assets. Our cops are now a flight risk? I mean who is the criminal now in the eyes of the United States Government? Men who patrol our streets and keep the community safe or those who INVADE our country, drive illegal and threaten the well-being of our citizens by driving uninsured? Maybe just maybe karma will come around and bite one of the Capone Administration's supporters. Maybe then those who swear allegiance to the flag will get some real justice.

Please help our EHPD Officers by supporting this cause to raise money for their defense.

http://www.giveforward.com/ehpdsignal4fund?utm_source=facebook&utm_medium=fb_wall&utm_campaign=vanity_page