Tag Archives: film the police

Update: Las Vegas Police Officer Previously Caught Committing Perjury Promoted (Again) to Captain

LVMPD Capt. Yesenia Yatomi Promotion After Perjury

Capt. Yasenia Yatomi, who ordered the illegal arrest of Las Vegas attorney Stephen Stubbs in order to question a suspect without his attorney present and then lied about it under oath.

Normally, once you know the actual background of the subject of Las Vegas ABC affiliate KTNV.com‘s “feel good story” about a female LVMPD officer receiving a promotion, its opening line would be rather ironic:

The Las Vegas Metropolitan Police Department’s newest captain is beating the odds…”

Of course, in this situation we’re talking about a cop and more specifically a Las Vegas cop. So any sort of amazement or disbelief in relation to their horrible and even outright illegal behavior on the job and lack of any sort of meaningful consequences should always be immediately and completely suspended.

The true fact of the matter is that if newly promoted Captain Yatomi was employed in any other sort of career field just the fact that she wasn’t fired after she was caught in court committing perjury in order to justify ordering the illegal arrest of a lawyer would have huge odds against it.

In fact, it could be argued that, even among the police in most cities outside of the Las Vegas area, being exposed (once again in court) as having falsified an official police report would also carry pretty good odds of landing a police officer in jail.

What’s not mentioned at all within that article is that Capt. Yatomi has a rather large and infamous history of misconduct over the past several years. As can be seen in the video embedded below, in 2013 then Sgt. Yatomi, as part of the LVMPD Gang Task Force, arrived at a traffic stop in which members of a motorcycle club, the “Bikers for Christ,” were being questioned by a group of Metro patrol officers.

In spite of the fact that one of the detained bikers had asked Stephen Stubbs, a local attorney who was present at the time, to represent him during that questioning, Yatomi immediately ordered him to leave. Stubbs refused to do so, explaining that the man had a Fifth Amendment right to counsel. Instead of honoring that request, Yatomi ordered the arrest of Stubbs for “obstruction.”

Stephen Stubbs Arrest Video

That, in and of itself, would be a violation of the Constitution and, based on that, an illegal arrest of an attorney who had every legal right to represent their client during questioning. At the very least, it should have brought into question Yatomi’s knowledge of the law and her (rather important) job requirement to actually be aware of and uphold the Constitutional rights of citizens. The fact she was in a supervisory position as a sergeant only compounds those factors.

However, rather than dismissing the charges and admitting to being in the wrong, Yatomi subsequently created a second police report with a falsified description of the arrest, alleging that Stubbs had actively interfered with the officers’ investigation. Fortunately for Stubbs, a bystander had filmed the entire incident. Otherwise, he likely would have been sentenced to jail and possibly even disbarred as a result of Yatomi’s false report.

Instead, once the video was shown in court, Stubbs was declared innocent by Judge Eric Goodman. That video evidence was convincing enough that Stubbs was not even required to present a defense. It gets even worse, though. Not only did Yatomi lie in the police report she presented to prosecutors, she also withheld the original police report in order to cover for her illegal actions. Since a police report constitutes a sworn statement, both the falsification of the second report and the withholding of the first are criminal acts.

Regardless of this blatant and obvious string of crimes Yatomi had committed, she suffered exactly zero repercussions for her intentional illegal actions. Judge Goodman refused to hold her in contempt for having committed perjury and evidence tampering within his courtroom, ruling that it was up to the LVMPD to file charges against her. And you know that didn’t happen, because Metro is known as the most corrupt police department in the country for a reason.

In fact, the Las Vegas Metropolitan Police Department has not only reached new lows in failing to hold Yatomi accountable in any way for her crimes, they’ve rewarded her quite handsomely for them. As shown in the video embedded below, in 2016 Yatomi was promoted to lieutenant. As part of that promotion Lt. Yatomi, who had been publicly exposed as a perjurer that withheld evidence in order to justify an illegal and unconstitutional arrest, was placed in charge of Metro’s internal affairs division (the department that investigates cops accused of misconduct).

And now, just four years after knowingly and intentionally committing multiple felonies in order to justify an illegal arrest, Yasenia Yatomi has “beaten the odds” by being promoted to the rank of captain and put in charge of the Bolden Area Command. That certainly inspires confidence that the LVMPD has cleaned up their act and can now be trusted to hold their officers accountable. I feel safer already.

Lt. Yatomi is Promoted and Put in Charge of Internal Affairs

Previous Posts on NVCopBlock.org About Capt. Yasenia Yatomi:

  1. The LVMPD Gang Task Force is Corrupt and it Extends All the Way to the Top
  2. Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding
  3. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  4. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  5. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  6. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side
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San Diego Cop Who Committed Perjury Exposed by His Own Body Cam Video

San Diego Police Officer Perjury Body Camera Homeless Citation

San Diego Police Officer Colin Governski’s own body cam video exposed that he had committed perjury while testifying against a homeless man.

In August of 2015, Officer Colin Governski of the San Diego Police Department was in the process of harassing some homeless people who were camping near a beach. Shortly after, Governski saw another homeless man, Tony Diaz, come out of a nearby bathroom.

He then began accusing Diaz of living out of his truck and after initially indicating that he was warning him about doing so, he quickly decided instead to give him a citation. That citation was based on a San Diego law that prohibits people from living within a vehicle that is parked on public property.

In court, Officer Governski testified that he had caught Diaz sleeping inside the back of his truck. However, Diaz maintained that he was just using the bathroom prior to going fishing at the beach. He also stated that a friend allows him to park on their privately owned property overnight. In spite of his insistence that he had not been sleeping in his truck at the time, based on Governski’s testimony, Diaz was found guilty of “vehicle habitation” and fined $280.

Later, the lawyer representing Diaz filed an appeal of that conviction in order to challenge the constitutionality of the ordinance against living in a car. A similar law in Los Angeles had already been struck down as unconstitutional by the 9th Circuit Court of Appeals in 2014.

During the appeal process, it was discovered that Officer Governski had been wearing a body camera that day. (See video embedded below.) The unnecessary arrogance and mean spirited nature of the harassment shown on that video is appalling by itself. More importantly though, the body cam footage clearly showed Diaz was walking out of the bathroom and not sleeping in the back of his truck when Ofc. Governski first encountered him.

As a result of the contradiction between Governski’s testimony and what’s shown on the video, the conviction was reversed. However, Governski has yet to be charged with perjury. And it’s not because he doesn’t warrant such a charge. During the original trial, Governski had lied directly to the judge while under oath when he was specifically asked several times if Diaz was sleeping in the back of the truck when he found him. For anyone without one of those Magic Uniforms, that’s a felony.

This wasn’t even the first time he was caught lying and filing false charges to harass someone, either. In 2014, the taxpayers of San Diego were forced to pay $15,000 to another homeless person Governski had falsely arrested. On top of that, he had also violated SDPD policy by not noting on the citation that there was body camera footage available, which is why it wasn’t presented at the trial.

Nobody should hold their breath waiting for Officer Governski (or any other cop) to be charged with or in any meaningful way punished for perjury, regardless of how obvious and outrageous the lies they tell are. In fact, the San Diego City Attorney’s Office indicated that they had not even reported Governski’s conduct to internal affairs or his supervisor when asked by his attorney.

Of course, as Tony Diaz’ attorney, Coleen Cusack, pointed out, if they will lie about such a minor citation what won’t they lie about? For the sake of yourself and anyone else you see being harassed or abused by the police,  film the police.

 

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Second Body Cam Video of Baltimore Police Planting Drugs Then “Finding” Them Has Surfaced

Baltimore Police Department Planting Drugs Video

For the second time in a matter of weeks, body camera footage has been released showing officers from the Baltimore Police Department planting drugs. In both videos, the planting of that evidence was exposed by a feature of the body cams that causes them to begin saving video thirty seconds prior to the point where they are manually activated. This video is from November 2016, while the earlier one dates from January of this year.

In this latest video to surface, police were conducting a traffic stop in which they were profiling drivers in an effort to make drug arrests. After claiming to have seen the passenger in Shamere Collins’ vehicle making a drug sale, the police stopped them. However, after a thorough search, no drugs were found anywhere in the car.

The body cam video of that initial search includes audio of one officer stating that there would be “negative consequences” if they didn’t find drugs and thereby couldn’t arrest someone. After that, the cops for no apparent reason all turned their body cameras off.

What followed, according to CBS News.com:

When the cameras come back on, an officer is seen squatting by the driver’s side of the suspect’s car, apparently unaware that he’s being recorded.

He then stands up and steps back. About 30 seconds pass, and another officer approaches the car, then squats down and pulls out a bag of drugs.

Although the charges were thrown out once the public defender representing her got ahold of this video, Collins and her boyfriend, who was the passenger were charged with possession of opiates and marijuana, as a result. According to Baltimore State’s Attorney Marilyn Mosby, dozens more cases that involve this group of officers could also be thrown out.

Meanwhile, Baltimore Police Commissioner Kevin Davis maintained that this is no reason for the public to “jump to conclusions” or make “heavy allegations” about police misconduct based on the video. Because concluding that something suspicious was going on after all the cops turned their cameras off right after one of them expressed concerns about getting in trouble if they didn’t find any drugs to justify an arrest, then video (that the cops didn’t expect to be recorded) showing one cop crouching next to the car, followed by body cam video (that they did expect to be recorded) of a different cop easily finding drugs in that same area after it had already been thoroughly searched is quite a jump.

Of course, this also comes on the heals of the previously released video (embedded below), which is even more damning. In that video, Officer Richard Pinheiro can be clearly seen putting a bag inside a can on a pile of debris in an alley. He then walks back out to the street, accompanied by two other officers who have not been named.

After activating the camera, he proceeds to walk back down the alley as one of the unnamed officers can be heard laughing behind him. Miraculously, he manages to quickly zero in on the can shortly after searching through the debris pile. He then pulls out the bag that he unwittingly recorded himself planting to reveal that it is filled with pills.

The man who was arrested as a result spent over seven months in jail awaiting trial before this video was made public and his charges were thrown out. So far, thirty-four other cases have also been thrown out and as many as fifty-five more could be, as well. Officer Pinheiro was (only) suspended for his actions, while the two other officers that watched (and laughed) as he planted evidence have received no punishment at all.

Not Isolated Incidents

These incidents don’t represent the only times that the Baltimore police have been under scrutiny for manufacturing evidence and manipulating body cameras. In March, all seven members of an “elite task force” that targets illegal weapons and drug crimes were indicted on racketeering charges for robberies that included completely innocent people of cash and filing false paperwork to get paid for overtime they didn’t actually work. In the process, they also falsified search warrants to justify detentions and traffic stops against their intended targets. As they were performing these “shake downs,” officers were known to have turned off their body cameras.

Nor is this the first confirmed instance of body camera footage being falsified to show police finding evidence against suspects. In May of this year, charges were dropped against a man in Colorado after a cop in Pueblo admitted he staged a video of himself  finding heroin and a gun in his car. In that case, Officer Seth Jensen claimed that he was merely “reenacting” his legitimate discovery of the evidence.

An “Unintended Consequence” of Transparency?

Given all of that, it’s rather interesting that in the CBS News video embedded below (beginning at about 3:45) correspondent Jeff Pegues characterizes the issue as a “downside of video transparency” and an “unintended consequence” of police wearing body cameras. Apparently, on his planet these type of incidents aren’t an argument for increased scrutiny and transparency, but rather a problem for “police departments that have to defend themselves against this type of policing.”

Obviously, I can’t see any reason we shouldn’t just trust these cops and accept their word. It would be crazy if cops didn’t have the ability to freely plant evidence without being detected and police departments had no incentive to eliminate “this type of policing.” That freedom to just arrest whoever they want and make up a reason undoubtedly would make their tough jobs so much easier.

Watch him throw it into the floorboards

BPD Officer Richard Pinheiro planting drugs

CBS News coverage of  the latest incident:

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After Officer Mohammed Noor Shot Justine Damond Minneapolis Police Got A Search Warrant For Her House

Justine Damond Officer Mohamed Noor Minneapolis Police

For some inexplicable reason Minneapolis Police Officer Mohamed Noor “feared for his life” when him and his partner, Officer Matthew Harrity were approached by an unarmed 40 year old woman wearing pajamas. The Minneapolis Police Department’s equally ridiculous response to Noor shooting Justine Damond, whose “crime” was calling the police to report a potential sexual assault, was to go out and get a search warrant for Damond’s house.

According to a description of the search warrant posted at KSTP.com, the intent seems to have been to find evidence of drug usage or some sort of written statements by Damond:

Minnesota Bureau of Criminal Apprehension investigators were granted permission to search Justine Damond’s home hours after she was shot and killed by a Minneapolis police officer, according to court records.

A criminal law expert can’t understand why.

“I don’t understand why they’re looking for bodily fluids inside her home,” said Joseph Daly, an emeritus professor at Mitchell Hamline School of Law, referring to one of two recently-released search warrant applications.

“Whose bodily fluids are they looking for? Is she a suspect? I don’t understand why they’re looking for controlled substances inside her home. I don’t understand why they’re looking for writings inside her home. The warrant does not explain that to me.”

“When I read that search warrant, I really cannot find probable cause to search her home,” he continued.

According to court documents, investigators applied for the warrant on the following grounds:

  • The property or things above-described was used as a means of committing a crime
  • The possession of the property or things above-described constitutes a crime.
  • The property or things above-described is in the possession of a person with intent to use such property as a means of committing a crime, or the property or things so intended to be used are in the possession of another to whom they have been delivered for the purpose of concealing them or preventing their being discovered.
  • The property or things above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.

Asked if that means the BCA considers Damond to be a suspect, spokesperson Jill Oliveira replied via email:

“No, an individual involved in the incident.”

Daly, who said he has served as a visiting professor at the University of Queensland in Damond’s native Australia, believes concerned members of the public in both countries will be outraged by the BCA’s request to search the home.

Instead of investigating Noor’s deadly actions, the first reaction to a completely unjustifiable murder by a police officer against an innocent woman was to go and file for a search warrant for her house. The focus of that search on the victim rather than the shooter, along with the statements about Damond being “panicked” during her 911 calls, Noor being startled by a loud noise, and the references to ambushes of police officers tells you what their true intent was in the immediate aftermath of the shooting.

They were hoping to find something to smear her name with and make it appear that she was acting irrationally or in some way that could somehow be construed as threatening. Just for good measure, they’ve also made sure to say that a cell phone was found near her body, so they can claim he thought she was holding a gun. As is common practice for police departments when one of their own kills an innocent person, they were already setting up a scenario where Damond had caused her own death.

Meanwhile, Noor reportedly feels that his Brothas in Blue have “thrown him under the bus.” According to an anonymous friend, “His colleagues are accusing him of not showing proper police conduct on Saturday night.” To be fair, cops will normally support one of their own, regardless of how heinous and obvious their crime might be. However, it’s a bit hard to argue with anyone that says that shooting an innocent, unarmed woman is proper conduct.

In another development last week, Minneapolis Police Chief Janee Harteau has been forced to resign by Mayor Betsy Hodges. It’s been a bad couple weeks in the arena of public opinion for Chief Harteau. In rapid succession, she has had another murderous cop get off after shooting Philando Castile and video surface an officer executing a family’s pet dogs.

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Minneapolis Police Who Murdered Australian Woman After 911 Call Hadn’t Turned Their Body Cameras On

Minneapolis Police Shooting Australian Justine Damond Nevada Cop Block

Just before midnight on Saturday night (7/15/17), police in Minneapolis responding to a 911 call shot the woman who had made that call. Justine Damond, an Australian who was living with her fiance and his son, had called to report that she heard what sounded like someone being assaulted near her home.  Justine, who was due to be married to Don Damond next month, died as a result of the shooting.

Neither officer that responded to her call has been publicly identified yet. Currently, both of them have been placed on paid vacation while their coworkers “investigate” what happened. As of yet, no official explanation has been given for why one of the police officers decided he needed to shoot Damond.

According to a statement to the media, the officers had not turned their body cameras on and their dash cam “did not capture the incident.” No explanation for why those cameras were not turned on was provided either, although Minneapolis Mayor Betsy Hodges has stated she intends to find that out.

Via the Guardian:

Her stepson, Zac Damond, said she had called police after hearing a noise near her house.

“Two Minneapolis police officers responded to a 911 call of a possible assault just north of the 5100 block of Washburn Avenue S just before 11.30pm Saturday,” the state Bureau of Criminal Apprehension said in a statement, according to the Star Tribune. “At one point, an officer fired their weapon, fatally striking a woman.

“The BCA’s investigation is in its early stages. More information will be available once initial interviews with incident participants and any witnesses are complete … The officers’ body cameras were not turned on at the time and the squad camera did not capture the incident. Investigators are attempting to determine whether any video of the incident exists.”

The two officers involved are on paid administrative leave.

Her stepson said Damond, 40-year-old Sydneysider, was “passionate” and his “best friend”.

“Basically my mum was shot for reasons I don’t know,” he said in a video posted on Facebook on Monday morning. (Video embedded below – editor)

“I just know she heard a sound in the alley so then she called the police and the cops showed up and she was a very passionate woman, she probably thought something bad was happening and then next thing I know they take my best friend’s life.”

Details are still lacking at the moment and this story will be updated as those details emerge. However, what this story obviously illustrates is two things that I point out often here at Nevada Cop Block. First, the police cannot be trusted not to murder someone when they show up. They won’t do it every time, but you just never know when they might. So you should avoid calling 911 unless absolutely necessary (and you should do everything you possibly can to minimize or even eliminate that as a necessity) and unless you are comfortable with the possibility that the person you called them could end up dead. In fact, you might even be the one that gets killed.

Secondly, the police cannot be trusted to film themselves, whether that be via body cameras or dash cams. People still need to film the cops any time they interact with them for whatever reason. Otherwise, there’s a decent chance that they will “forget” to term them on or that they will “malfunction.” Even when that fails, the police still have control over whether that video will be released (and plenty of excuses not to).

It shouldn’t be up to the cop who is about to murder someone to turn the camera on that would document that. It also shouldn’t be up to police departments, who have a history of covering up for cops that kill, to release them to the public when they actually exist.

**Update** Justine Damond, who was dressed in pajamas at the time, was shot by Officer Mohamed Noor. Damond was reportedly talking to Noor’s (still unnamed) partner on the driver’s side of the patrol car when Noor fired across his partner and through the window from the passenger seat.

Statement By Step Son Zac Damond

Minneapolis Rally/Protest on Sunday

Bullshit Written by Officer Noor’s Lawyer

“A Wonderful Sign of Building Trust”

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