Tag Archives: LVRJ

Innocent Man Framed For Murder by LVMPD Detectives and Las Vegas Prosecutors Freed After 22 Years in Prison

Demarlo Berry Released From Prison Innocence ProjectLast week, Demarlo Berry was released from a Nevada prison after serving 22 years for a murder he didn’t commit. He had been sentenced to life without parole in prison for a 1994 robbery at a Las Vegas Carl’s Jr. and the murder of Charles Burkes, the manager.

Based on media reports of his release, you would think that the Clark County District Attorney’s Office had supported and even played a significant role in his exoneration. That’s far from the truth, though.

Via the Las Vegas Review Journal:

For years, Berry’s legal team has asserted that incredible trial testimony, as well as a written confession from another man in 2013, proves their client was wrongly convicted.

A Clark County judge on Wednesday signed the order of dismissal that secures the release. The Clark County district attorney’s office had agreed to dismiss the case Tuesday, following a monthslong (sic) investigation by members of the office’s newly formed conviction review unit.

Prosecutors for years had fought Berry’s claims of innocence with assertions of his guilt, but on Thursday they hailed the case as the first release resulting from the review unit established in October.

“They’ve finally done what we think they should have done all along,” (lawyer Craig) Coburn said.

For years, Coburn along with the Rocky Mountain Innocence Project had been fighting to prove he had been falsely convicted. However, Las Vegas prosecutors had fought just as hard against his release. That includes even after the real killer confessed all the way back in 2013.

Steven Jackson, who has been in prison in California for a separate murder since 1996, had voluntarily confessed and in the process provided details only the person who had committed the crime could possibly know. In addition, a woman provided an independent statement that Jackson had confessed to her shortly after the murder occurred.

In fact, the reality is that district attorneys, along with police officers from the Las Vegas Metropolitan Police Department, manufactured witness testimony against Berry to ensure his conviction. As can be heard in the audio file embedded below (at approx. 6:30), that witness later recanted his claim that Berry had made a jailhouse confession.

In the process, Richard Iden also stated that detectives from the LVMPD coached him on what to say and provided him with details of the crime to bolster his testimony. As reward for that false testimony, Iden was given a favorable plea deal. He was also paid off with free plane tickets home to Ohio to visit his family, a free hotel room during the trial, and cash “per diem” payments.

Of course, while District Attorney Steve Wolfson is busy patting himself on the back for “causing the release of Demarlo Berry from prison after 22 years,” there’s been no mention whatsoever of any sort of accountability for the prosecutors and detectives who illegally manufactured evidence in order to put him there. Nor is there any mention of why it took four years after the real killer had admitted his own guilt before they finally decided to stop fighting that release.

And BTW, Nevada is one of eighteen states in the country that don’t provide any sort of compensation to people who have been exonerated after false convictions. So, unlike the guy the prosecutors paid off to provide false testimony at his trial, Berry will get nothing from the State of Nevada for the decades he was wrongfully imprisoned.

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Update: Demonstration and Courtroom Support for Silk Galloway; LVMPD Racial Profiling, False Arrest Victim

“Do what you gotta do ’cause we gotta find something.”

That quote comes from the instructions that LVMPD Lt. Connell gave to one of the officers working as part of a “Saturation Team” just after they had pulled over Solomon “Silk” Galloway (Galloway commonly goes by his middle name), then assaulted and falsely arrested him in February of 2016.

Realizing that they didn’t have any actual crime to charge him with, they quickly came to the conclusion that they had to “find something” to retroactively justify that arrest. Unbeknownst to them, the entire illegal search, including those instructions to just “find something,” was being recorded by a GoPro camera inside the car.

Prior to that, Galloway and a co-worker had been pulled over under the pretense they had been speeding. However, as reported here previously, the body camera footage released later (embedded below) actually shows the speedometer in the police vehicle that pulled them over, proving that they weren’t speeding at the time. Instead, it appears to simply be a case of racial profiling which they then unnecessarily escalated into the eventual false arrest.

Racial profiling is pretty much what saturation teams were created to do, so that kinda goes without saying. When Galloway refused to cooperate with their unlawful orders to present ID, even though he as the passenger of the vehicle was under no obligation to do so, they decided they would arrest him and “find something” later. Unfortunately, they were never actually able to “find something.” There were no drugs or anything else illegal on him or within the car.

Instead, they decided to charge Galloway with “obstruction,” which is otherwise known as “contempt of cop.” Over a year later, the Las Vegas Metropolitan Police Department and Clark County County District Attorney Steve Wolfson continue to push forward with this ridiculous charge. Tomorrow, Wednesday June 28th, Galloway will be in court at 1:30pm for a motion hearing regarding his case within Municipal Court Department 2, room 5B.

Various groups within the community have called for courtroom support for Galloway during this hearing. In addition, there will be a short rally outside, beginning at noon, to show that support and bring attention to the issues involved in this case. Afterwards, people will be encouraged to attend the hearing as well, in order to show that the community stands with Silk Galloway and will not stand idly by during this miscarriage of justice. People are welcome to bring signs or other relevant materials to the rally, although you won’t be able to bring them to the courtroom. There should be enough time in between to put them away.

Among the many issues already discussed previously, some members of the community have questioned whether the judge in the case, Susan Roger, has a conflict of interest since her husband, David Roger, works as the lawyer for the Las Vegas Police Protective Association (LVPPA). As a result, they are asking for her to recuse herself from this case. While that won’t happen (because she would then have to recuse herself from any case involving the police) it serves as a good reminder of David Roger’s own conflicts of interest.

For those not aware, David Roger was the District Attorney during the “investigations” of the murders of Erik Scott and Trevon Cole by Las Vegas police officers. He resigned shortly after the murder of Stanley Gibson by Officer Jesus Arevalo while that “investigation” was still underway to accept a position as the LVPPA’s lawyer. So, he went from the head of the department that absolutely refused to file any charges against police officers when they kill someone on duty to the guy who officially defends them for the police union.

Video Featuring Police Body Camera Footage and GoPro Video

Original GoPro Video

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on  NVCopBlock.org. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on the Nevada Cop Block site involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

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Update: Racial Profiling Case by LVMPD Saturation Team Body Cam Videos Show No Original Cause for Stop

In May of 2016, I reported on the case of Solomon Galloway, a Las Vegas man who was illegally detained, assaulted, and falsely arrested by one the Las Vegas Metropolitan Police Department’s “Saturation Teams” in February of that year. At the time, Galloway was the passenger in a vehicle driven by a co-worker, which had been stopped under the stated claim that he was speeding (more on that below).

The original pretense for that arrest and accompanying violent, illegal actions was Mr. Galloway’s refusal to identify himself. However, the passenger in a vehicle that has been stopped for a traffic violation is not considered a party to that infraction. As a result, they are not under any obligation to identify themselves. In fact, legally Galloway could have gotten out of the car and walked away from the traffic stop. (Since the actions of the driver do not represent the “reasonable suspicion” required to legally detain a passenger, they are “free to go.”)

Lacking a legitimate reason to detain Galloway, let alone arrest him, Metro’s designated harassment squad settled on the old standby of “I smelled pot.” They then embarked on a fruitless and illegal search of the car to hopefully find something to justify their illegal against against their victim. In the process, they even discussed amongst each other their need to “do what ever you gotta to do, because we gotta find something.” Unfortunately for them, they didn’t find anything at all.

Even more unfortunately for them, Galloway had placed a GoPro camera on his dashboard, which he turned on just after they were stopped. Unbeknownst to them, the entire incident, including the illegal search and that incriminating conversation, had been recorded on the GoPro. That included a statement from the supervisor on the scene, Lieutenant Connell, that they should “just arrest his ass and strip him,” once they finally gave up on finding anything to rationalize their actions. Galloway was then falsely arrested, taken to jail, and subjected to a humiliating and illegal strip search. All of which still failed to justify the obstruction charge that they eventually settled on.

It was already incredibly obvious from the GoPro video (which was later featured in a documentary about corruption among Las Vegas police entitled, “What Happened in Vegas“) that the LVMPD officers involved were completely lying and fabricating a reason to justify what they knew was a false arrest (and illegal demand for ID to begin with). Now however, body cam footage from the officer that initiated the stop, as well as another officer that participated in the assault on Galloway, have been released as part of discovery. One of the interesting aspects of those body camera videos is that in the beginning of the first officer’s footage you can actually see his speedometer as he’s driving. What that shows is that even the original justification for the stop was based on a lie.

Contrary to that officer’s claims about their speed (which fluctuated at various points in the video between them going either 55 or 65 mph when he pulled them over), they were in fact going below the 45 mph speed limit. Therefore they didn’t even have legal cause to pull them over in the first place. Nor did they have the reasonable suspicion of a crime necessary to justify detaining even the driver of that vehicle. That makes it even more obvious that everything that was done to Galloway, who was the passenger, after the illegal traffic stop was initiated was both unjustifiable and illegal, as well.

The badly disguised reality is that this was nothing more than a case of racial profiling and simple harassment. The LVMPD deploys what they call saturation teams into certain neighborhoods they have decided they want to concentrate on. These saturation teams descend upon those neighborhoods looking for any excuse to stop and harass the residents who live there. Even such minuscule “crimes” as jaywalking on a residential street or having a bicycle without a reflector are used to justify demanding ID from and attempting to question a person.

They are essentially just playing the odds in the hope that if they harass enough people within a chosen area they will find a certain percentage of individuals who have warrants or something illegal on them and that are willing to consent to a search to justify an arrest. Statistically, that makes the department look good, but it doesn’t make up for the fact that the vast majority of the people in any given neighborhood are not actually criminals and don’t deserve to be indiscriminately harassed because a cop has arbitrarily decided they “do not belong” in that neighborhood.

The other side of that equation is that the areas that the LVMPD targets for their saturation teams are invariably those inhabited predominantly by poor and minority residents. In fact, some years ago a Metro spokesperson went so far as to explicitly state to the Las Vegas Review Journal that they would not use saturation tactics against residents living in the wealthy suburb of Summerlin.

As is noted in the video’s title, Galloway and his friend were stopped because they were people of color driving an expensive car within a geographical region that the LVMPD had deemed to be suspect. Everything that happened after that was a result of him not “respecting their authoritah.” An authority that they did not legally have and that he had every legal (and moral) right not to respect.

Video Featuring Police Body Camera Footage and GoPro Video

Original GoPro Video

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on  NVCopBlock.org. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on the Nevada Cop Block site involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

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