Tag Archives: perjury

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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Las Vegas SWAT Team Commander Under Investigation For Financial Exploitation of Elderly Couple

Lt Tom Melton LVMPD SWAT Commander Elderly Exploitation

Last week, it was announced that Lieutenant Tom Melton had been placed on administrative leave (AKA paid vacation) as the result of a criminal investigation. Melton is the commander of the Las Vegas Metropolitan Police Department‘s SWAT team. He’s also been one of the public faces of the LVMPD, oftentimes being interviewed by local media and frequently providing briefings at crime scenes.

Initially, Metro declined to give any details about what the nature of that investigation was. However, soon after his suspension was announced a search of public records indicated that he has ties to a woman already facing over 200 charges of defrauding elderly people placed under her care. Lt. Melton had been appointed as legal guardian and trustee for Jerome and Beverly Flaherty, an elderly couple, who have since died. April Parks, the woman previously charged, was awarded co-guardianship of the Flahertys with Melton.

In March, Parks was indicted on charges including perjury, racketeering, filing false records, theft and exploitation, as part of a for-profit professional guardianship service. Parks has been characterized as the “ringleader of a small group” that included her husband; Gary Neal Taylor, an attorney named Noel Palmer Simpson, and her office manager; Mark Simmons. All four have been accused of taking advantage of the guardianship system to exploit and defraud the people placed under their supervision.

After confirmation was received that Lt. Melton was in fact the focus of an investigation into exploitation of an elderly couple, his attorney denied that he was involved in the fraud. Instead, he maintains that he had only hired Parks to care for the couple, whom he describes as friends of Melton. No other details relating to the nature of the investigation into Lt. Melton’s involvement have been released by the LVMPD.

Of course, it very well could be that he had no involvement in the fraud Parks and her partners are accused of. However, the timing of the suspension could potentially indicate otherwise. The fact that the other people involved were indicted in March and Melton didn’t come under investigation until the end of July would seem to imply that there’s more to it. It’s also a bit contradictory that none of the family members of the hundreds of other victims Parks exploited appear to be under investigation.

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Boulder City Police Doctored Audio in Arrest Video Where They Were Already Caught Committing Perjury

In June, I posted about John Hunt, a resident of Boulder City a small town just outside of Las Vegas. In June, Hunt had been arrested by Sergeant John Glenn of the Boulder City Police Department on charges of  “Failing to Yield as a Pedestrian” and “Resisting Arrest.” He subsequently spent a day in jail, as a result of that arrest.

As you can see in the original post and the Youtube video embedded below by his lawyer, Stephen Stubbs, when his trial date came the prosecutor dropped the charges because Sgt. Glenn was actually caught contradicting his sworn testimony (I.E. committing the crime of perjury) on the dash camera video.

That’s not the only dishonesty by Sgt. Glenn in this case, however. Recently, John Hunt contacted me and told me that he had evidence showing that not only did Glenn lie to justify the charges against him, but he in fact also edited the audio on that dash cam video to support his false version of the events during the arrest.

Within the video included in this post Hunt explains how and why that evidence was tampered with and why it also shows that Sgt. Glenn was involved or at the very least aware of that tampering. He also includes a report from a forensic audio expert that conclusively shows the audio was altered. A PDF containing the full Forensic Audio Authentication Report can be found here.

In addition, John included this text description:

After I crossed across the road for the third time, a police car pulled into the parking lot directly in front of me, maybe about 40 feet away. The officer inside, Sgt. John Glenn said, “Come over here. Come over here. Come over here!”

I asked, “why?”

He said, “because I told you to.”

I then said, “I refuse to comply,” because I did not view “because I told you to” as a valid legal reason to change what I was doing. I had broken no laws and was not causing any problems as I stood on the sidewalk. I was perfectly willing to talk with the officer and was looking forward to that opportunity. I had a very strong desire not to be arrested, but I was not going to follow his commands for the sole reason that he had decided to issue them. I have rights.

Immediately after I said this, Glenn got out of his car and began walking towards me. At the time I thought that he was coming over to talk to me.  Instead he walked directly up to me and grabbed me by the arm. He did not say anything to me as he was doing this. He did not say, “turn around and put your hands behind your back.” He said absolutely nothing.

I was very surprised that I was being illegally and abruptly assaulted for absolutely no reason.
I instructed him to stop assaulting me. I said, “Stop assaulting me! Stop assaulting me! Take your hands off me.”

But Glenn didn’t listen, as he had no interest in obeying the laws of the land.

Now, compare that with what you hear on the tape. To recap, here’s what it should sound like:

  • GLENN: Come over here. Come over here. Come over here!
  • ME: Why?
  • GLENN: Because I told you to.
  • ME: I refuse to comply.
  • *car door opens and closes, silence for a few seconds as Glenn walks over to me
  • ME: Stop assaulting me! Stop assaulting me! Take your hands off me.

After this, the tape plays out mostly the same as it happened in life, except for one small detail. After I had been dragged to the ground and handcuffed, I was leaned up against a cop car and a policeman started asking me a series of yes or no questions. I answered them as I was still dazed from the assault and did not have the werewithal to understand fully what was going on.

audio-manipulation-boulder-city-policeI strongly suspect that it was one of my answers here that was edited out and transposed into an earlier point in the tape to make it appear as though I was interacting with Glenn in a confrontational manner before he “arrested” me. This is the part of the tape where John Glenn supposedly asks me “is there something you don’t understand?” And I say, “No!” This never actually happened. The only things that happened are exactly what I have described.

The recording of these events didn’t match my memory, which was very clear and vivid, and still is. So, with the help of my family, I decided it was worthwhile to hire an expert to investigate it.

I was told that this kind of editing was impossible, but I could not be convinced that my memories were mistaken.

I chose my words very carefully when I said, “I refuse to comply,” and I remember the exact reason and context in which I said them, which is very different from the context in the video.

Even despite having a very strong memory in general and despite having these vivid memories of this specific event, the edited tape made me doubt myself for a time.

When you are confronted with a video recording that does not match your memories, you tend to believe the recording. It’s in a sense like being “gaslighted.”

I believe it’s very possible that if I did not have a very strong faith in my own memory, I could have been convinced that the events on the tape were what actually happened

This may have happened to more than a few people.

The reason I know that John Glenn is aware of this, beyond the obvious, is that he attests to a detail in the report which appears on the edited tape but did not happen in life.

In his sworn statement, under penalty of perjury, he states, “I asked the subject what part he did not understand.”

This didn’t happen, but on the tape, it did.

So Glenn knows about this or is doing it himself. I suspect that there was an event or events some time in the past where Glenn actually said all of the things he said on that tape.

And I suspect that if you could see the reports of all of his arrests, you would see many instances of these exact same phrases being used over and over again.

I would also suspect that there is a computer somewhere nearby, either in John Glenn’s basement, or in a lab somewhere, with some very interesting files on it.

I can’t personally say how deep or how far the corruption goes in this department, but I think it’s reasonable to conclude that the existence of this report casts serious doubt on every single piece of evidence that goes through that courtroom, especially video evidence.

There may be many convictions issued by that court that need a second look. And there may be people in jail right now that shouldn’t be there because of what this person or group of people is doing.

For obvious reasons, having an officer who is willing to both lie under oath and tamper with evidence in order to justify arresting someone is a huge threat to the freedom and rights of citizens. Even more of a threat is a police department that at the very least allows officers to have the access and ability to do so and in reality were probably complicit in helping carry out such illegal actions.

When you consider that this is a case in which Hunt was really arrested out of spite (AKA Contempt of Cop), it casts doubt on every case the Boulder City Police are involved in, especially those involving Sergeant John Glenn.

Original Video Concerning the Perjury Committed by Sgt. John Glenn

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One-Third of Bad Apples Fired in Wisconsin are Hired by Good Cops in Another Police Dept

Recently a local news station conducted an investigation after learning that a newly hired officer at Wisconsin police department was previously fired for misconduct. Not only that, but it turns out that Police Captain Steve Lesniewski, who recommended that officer be hired, knew about his history and failed to disclose it.

Back in 2012, then Milwaukee PD Officer Kurt Kezeske was involved in a high speed chase with a motorcycle that included “blazing through Bay View blowing through red lights and stop signs, nearly hitting a semi, and driving over a curb.” The chase eventually culminated in the cyclist almost being killed and another driver’s car being totaled. (See embedded video below.)

Except in the case of violent felonies, high speed chases had been banned by the Milwaukee Police Department two years earlier. Due to that policy and the fact that he lied, both during and after the chase, about the motorcycle attempting to ram his police car to justify it Kezeske was fired.

None of that was disclosed to administrators involved in hiring police officers in the Village of Eagle. Instead, they were just told about his 18 years of experience. Greg Hein, chairman of the Eagle Police Committee that vets candidates, has no recollection of that being mentioned. According to Hein, they based their recommendation to hire him on Captain Lesniewski’s positive referral.

The Eagle Village Board of Trustees in turn voted to approve his hiring based on the recommendation of the Eagle Police Committee. Village Supervisor Mike Rice states that had he known about Officer Kezeske’s history of committing perjury on official police reports and to investigators he would not have voted to hire him. Captain Lesniewski for his part admits to knowing about Kezeske’s history, but uses the old fall back of it being a “personnel matter” to avoid commenting on the issue.

Of course, people might say, “this is just one small town with just a handful of cops that got duped into hiring a proven liar to a position that has the power to throw people into jail based on his word or even “fear for his life” knowing that he can lie and get away with it, then just go apply for a police job in another city.”

However, this is far from an isolated incident. The Village of Eagle is just one example of the rampant problem of bad cops moving to a new city and getting rehired as a police officer. In fact, in the state of Wisconsin over one-third of cops fired by one department are now working in another department within the state.

Via Fox6Now.com:

Kezeske is hardly the first fired cop to get hired by another department.

The FOX6 Investigators asked the Wisconsin Department of Justice for a list of every police officer in the state who’s been discharged from duty since 2012 — and where they work now. It took the department 42 days to turn over the list. And when they did, every officer’s name was blacked out.

In a letter to FOX 6 News, attorneys for the Department of Justice argue that releasing officer’s names might subject them to personal attacks and could have a chilling effect on recruitment. The records they did release show that more than one-third of the officers discharged since 2012 are already back on the job somewhere else.

Sharon Royston says she’s not surprised it happened in Eagle.”I don’t think it should’ve happened,” she said, ” I was never allowed to see any background checks. Never.”   Royston is a former member of the Eagle Village Board, ” 40% of our village budget is going towards the police department and I didn’t think, and a lot of villagers didn’t think, we were getting our money’s worth.”

It was Royston who exposed a secret deal that allowed the last police chief to retire with a two-year severance package. A highly unusual deal the village is still paying for, but can’t explain  because of a confidentiality agreement.  “We’ll never know. They are prevented from telling any details,” Royston said.

So Royston spearheaded an effort to eliminate the Eagle Police Department and have Waukesha County patrol instead, but voters shot it down. That was before officer Kezeske was hired full-time in May.

After the Fox 6 Investigators started asking questions, the Eagle Police Committee met to talk about their hiring practices, but they declined to talk about any officer in particular.

“I think we’re gonna have to… I don’t know what we’re gonna have to do, to be honest with you,” Hein said to colleagues in the meeting.

Rice says he never would have voted to hire Officer Kezeske had he known about his background.

“The biggest thing is the falsifying reports and I think that would concern anybody here,” Rice said.

But the one man who admits he knew, didn’t seem to share his concern.

“Did you know about the background? ” (Fox 6 Investigator) Polcyn asked.
” I did,” Captain Lesniewski said.
” You did? And you were ok with that? Polcyn asked, as Lesniewski walked away.

It’s kinda odd that all these Good Cops we here about so often never seem to have any concern about what the Bad Apples are up to and are always more than happy to help one of their “brothers” out, even after they’ve been fired for blatant misconduct. And sending the list with every name blacked out was a cute touch by Wisconsin DOJ to keep their end of that bargain.

There’s also several issues beyond what is mentioned in the Fox6 article that points to this being a much larger problem than one-third of the Bad Apples being rehired to point guns at people. Their investigation didn’t look into cops being allowed to quietly resign or retire. I guarantee you that number is dramatically higher than the ones outright fired. And it’s not hard to deduce that their rate of being rehired is a lot higher than one-third.

It’s also not clear from the report whether they looked into fired Wisconsin cops being rehired by out of state police departments. That potentially could change the percentages quite a bit. This obviously isn’t a problem just in Wisconsin, either. It’s not at all unusual to trace the history of police involved in severe cases of misconduct or egregious use of force and find out they have a long list of complaints against them and in many cases a firing or resignation from a different department in their past.

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Cyril Oklahoma Police Officer Committed Perjury and Destroyed Evidence to Protect a Friend

cyril_ok_police_perjuryThe following post was shared with the CopBlock Network by Kid Clint, via the CopBlock.org Submissions Page.

Date of Incident: July 08, 2015
Officers Involved: Officer Loren Daniel Cole, Chief Chris Wagstaff
Department Involved: Cyril Police Department
Department Address: 202 W Main Street, P.O. Box 448 Cyril, Oklahoma 73029
Phone No.: (580) 464-2216
District Attorney: Jason Hicks
Stephens County Courthouse
Address: 101 South 11th street, Room 303 Duncan, Oklahoma 73533
Phone No.: (580) 255-8726
Fax No.: (580) 255-1889

According to a report, Loren Daniel Cole of Marlow, was working as a Cyril police officer on July 8, 2015 when he and other officers were called to investigate an assault at a home in Cyril. According to an affidavit written by Cole, no drugs were found in the house. However, there were some photographs taken at the time. One set of photographs showed marijuana on a table, and another set showed no marijuana on a table.

Officer Cole was accused of removing the marijuana from the scene, and tossing it in a trash can near the Cyril Police Department, then making false statements on the affidavit that no drugs were found at the residence.

After investigators noticed the photographs, they questioned Officer Cole. Cole then admitted to discovering marijuana at the original scene, but not mentioning it on the affidavit.

According to Caddo County District Attorney Jason Hicks, “We have two affidavits that are polar opposites. In Oklahoma, under statute, that’s perjury. We look at two sworn documents and one of them says, ‘X,’ and the other one says, ‘Y.’ It’s a pretty clear-cut case of perjury.”

Officer Cole admitted to changing the police report and disposing of the evidence. Cole says Chief of Police Chris Wagstaff instructed him to do so to protect the subject of the investigation from criminal charges who happened to be an EMT. Chief Wagstaff was apparently concerned that voices carry.

However, Wagstaff told investigators that he directed Officer Cole to “secure the evidence, not destroy it.”

If Chief Wagstaff did instruct officer Cole to destroy the evidence, then this is a case of not only perjury, but of corruption!

According to the Oklahoma State Statute:

  • Destruction of evidence is a misdemeanor under 21 O.S. § 454.
  • Perjury is defined in 21 O.S. § 491:
  • Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. It shall be a defense to the charge of perjury as defined in this section that the statement is true.
  • According to 21 O.S. § 500, perjury is a felony punishable by up to 20 years in prison, depending on the specific details of the crime:
    • When committed on the trial of an indictment for felony, by imprisonment not less than two (2) years nor more than twenty (20) years;
    • When committed on any other trial proceeding in a court of justice, by imprisonment for not less than (1) year nor more than ten (10) years; and
    • In all other cases by imprisonment not more than (5) years

– Kid Clint

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