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Update: NHP Dash Cam Audio Doesn’t Match Boulder City Police Version; Evidentiary Hearing Ordered Over Discrepancies

Nevada Police Sgt John Glenn Motion to Dismiss Dash Cam Audio

Boulder City Judge Victor Miller has scheduled an evidentiary hearing for Dec. 20th in relation to discrepancies with audio recordings that BCPD Sgt John Glenn provided in support of charges, including obstruction and resisting arrest, against John Hunt.

Earlier this week, Stephen Stubbs, a lawyer for John Hunt, presented in court even more proof of evidence tampering by Boulder City Police and/or prosecutors. Stubbs indicated that just prior to a Dec. 5th hearing on a motion he had filed to dismiss charges against Hunt, he had received a new dash cam video from the Nevada Highway Patrol.

The audio on that video did not match the audio on a dash cam video previously received from the Boulder City Police Department, even though the two videos had been recording simultaneously during Hunt’s arrest. In fact, the motion to dismiss had itself been based on allegations that the original audio from the BCPD’s version had been altered to justify filing retaliatory charges of resisting arrest against Hunt.

As has been detailed here previously (see related links below), Hunt is currently facing several charges related to a June 2016 incident in which he was arrested. At the time, members of the BCPD were conducting a “pedestrian sting operation” where they would step into a crosswalk, then ticket drivers who did not stop early enough.

Believing that their true motivation was to generate money for the city government by writing tickets, Hunt began walking back and forth into the crosswalk himself. According to Hunt, this was done as a protest of that monetary incentive and also to demonstrate his belief that they were purposely not giving motorists sufficient time to stop in order to issue citations.

Not long after, Hunt was arrested by Sgt. John Glenn and charged with “Failing to Yield as a Pedestrian” and “Resisting Arrest.” Initially, the charges were dismissed by the prosecutor after surveillance footage from a nearby business contradicted Glenn’s account of Hunt’s behavior. However, just one day after Hunt filed a civil rights lawsuit, the charges were refiled, along with an additional charge of “Obstructing an Officer.”

Hunt has maintained since shortly after he was arrested that things he remembered saying at the time weren’t included on the dash cam video. Subsequently, analyses conducted by two separate audio experts concluded that the video had been edited after the fact. (A PDF containing the full Forensic Audio Authentication reports can be found here.) Based on who had access to do so, that would have to have been done by either someone within the police department or the city attorney’s office.

Unlike that first video, the audio on the NHP video includes statements made by Hunt that support his own version of what happened that day. As a matter of fact, the audio that is not included on Sgt. Glenn’s version consists of two key exchanges that contradict his previous testimony and information he wrote within the arrest reports.

Via the Boulder City Review: 

During Tuesday’s hearing, Stubbs told Miller that there were two microphones together at the same place capturing the same event. One was Glenn’s and the other was this officer’s.

“There is a part of the video that should be the same, but it’s not,” he said.

In the subpoenaed NHP video that was provided to the Boulder City Review, there are two questions Hunt asks officers that are not present in the other dash-cam video when he is detained by Glenn.

In Glenn’s dash-cam video, the first time Hunt speaks to officers after being detained he says “No.”

According to the NHP video, after Hunt is handcuffed by officers he asks them if he is being detained. Then he said, “No,” and asks again if he is being detained.

After that he is told that he is not being detained but rather being arrested. He then asks officers what he is being arrested for and is told for obstructing a pedestrian in the roadway, obstructing traffic and resisting arrest. This portion is present in both Glenn’s dash-cam video and the NHP one.

The NHP one, however, includes the question, “How can I resist something that I’m not aware of?” that Hunt asks officers after being told why he is being arrested.

Glenn’s dash-cam video has no dialogue from Hunt during that time.

According to Stubbs, the Nevada Highway Patrol had located and downloaded this video with the full, unaltered audio all the way back in 2016. However, it wasn’t until Tuesday, just hours before the motion hearing, that they finally provided the video to Hunt’s defense team. (Almost as if they were trying to hide something.)

Based on this new evidence, Boulder City Municipal Court Judge Victor Miller scheduled an evidentiary hearing over the authenticity of the audio on dash cam footage provided by the Boulder City Police. After that hearing, which is scheduled for Dec. 20th, Judge Miller could rule to exclude the dash cam evidence or even dismiss the entire case, if he finds in favor of the defense’s claims that evidence has been tampered with.

Stubbs maintains that the charges should be dismissed outright on the basis of prosecutorial misconduct. That misconduct has cast sufficient doubt upon the authenticity of the entirety of the evidence against Hunt. As a result, he will not be able to receive a fair trial in light of that uncertainty.

 

Original Video Concerning the Perjury Committed by Sgt. John Glenn

Surveillance Video of John Hunt Crossing Street

Sgt. Glenn’s Dashcam Video

Other Posts Related to Boulder City, Nevada:

  1. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  2. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  3. Former Boulder City Nevada Police Chief Charged Over Animal Cruelty Cover-Up
  4. Former Boulder City NV Police Chief Takes Plea Deal on Charges Related to Animal Cruelty Scandal
  5. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  6. Boulder City (NV) Police “Employee of the Year” Commits Perjury to Arrest Man Interfering With Revenue Generation
  7. Boulder City Police Doctored Audio in Arrest Video Where They Were Already Caught Committing Perjury
  8. Update: Nevada Court to Rule on Evidence Tampering in Arrest for Obstruction of Police Revenue Generation
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Update: Nevada Court to Rule on Evidence Tampering in Arrest for Obstruction of Police Revenue Generation

Nevada Police Sgt John Glenn Motion to Dismiss Dash Cam Audio

A Boulder City judge will rule Dec. 5th on a motion to dismiss in the case of John Hunt, who was arrested by Sgt John Glenn in retaliation for interfering with their revenue generation scheme.

On December 5th, a judge in Boulder City, Nevada (located just outside of Las Vegas) will issue a ruling on a case involving a revenue-based enforcement exercise by local police, as well as allegations of a false arrest, perjury by a police supervisor, and the manufacturing of evidence that stem from an impromptu protest that day. Based on those improprieties, Judge Victor Miller has been asked to dismiss charges brought against John Hunt in a motion filed by Hunt’s attorney Stephen Stubbs.

In June of 2016, officers with the Boulder City Police Department were out early in the morning generating revenue for the city. Their scheme consisted of stepping into a crosswalk and then ticketing drivers who didn’t stop quick enough. One of the Boulder City residents that drove by that day was John Hunt, who has stated that he believes the police were intentionally stepping into traffic at a point where the cars did not have enough time to react and therefore would end up being ticketed and fined.

Hunt decided to protest what he deemed to be an unfair issuing of citations by going out and repeatedly walking into the cross walk himself. The intent was to show that the cars would stop if they were given the proper amount of time and thereby expose the true nature of Sgt. John Glenn and his cohorts. The Boulder City police have a bureaucracy to feed though, so obviously they weren’t happy about Hunt getting in the way of their morning fundraiser.

As I previously wrote here at NVCopBlock.org, Hunt was arrested and charged with “Failing to Yield as a Pedestrian” and “Resisting Arrest.” However, at his first hearing the charges were dismissed by the prosecutor even before it began. According to Stubbs, the reason for that quick dismissal was that Sgt. Glenn had lied on his police report in order to justify the arrest. Those lies (also known as perjury when included on a sworn police report) would have been exposed in court due to Hunt’s actions having been captured on a nearby business’ security cameras.

Not only did the surveillance video contradict Sgt. Glenn’s written arrest report, discrepancies soon surfaced involving the dash cam evidence that had been provided as part of the discovery process. As detailed in a follow up post I wrote here at Nevada Cop Block in October of 2016, Hunt questioned the authenticity of the audio included on the video that had been produced by the city. Subsequently, two different forensic audio experts testified that the audio had indeed been altered from that of the original video. (A PDF containing the full Forensic Audio Authentication Report can be found here.)

Citing the false testimony within the police report and the evidence tampering involving the dash cam footage, Stubbs filed a federal civil rights lawsuit in May of this year on Hunt’s behalf. In retaliation for that lawsuit, the Boulder City prosecutor refiled the original charges, plus an additional charge of “Obstructing an Officer,” the next month. In fact, rather than even try to mask the true nature behind refiling the charges, they were actually submitted by the city just one day after the lawsuit was reported by local news.

“I’m in awe of how stupid this is,” said defense lawyer Stephen Stubbs. “It screams of retaliation.”

Included in the motion to dismiss are several new details regarding the inconsistencies on the dash cam video’s audio track and some less than convincing excuses for them by Sgt. Glenn and city attorney’s office and police department of Boulder City:

The alleged false evidence mentioned in Tuesday’s motion to dismiss includes dash-cam video of the June 8 incident that Glenn said did not match what he had seen in the system from that day.

It was given to the defense by the city on July 5 and is different than the dash-cam footage that Stubbs received in 2016.

Two forensic experts who analyzed the 2016 dash-cam video determined that the recording had been altered.

“Two separate audio forensic experts have confirmed that the video contains the wrong unit number … proving that, at a minimum the metadata was altered …. The defense does not know how much of the video was altered or if an authentic video even exists anymore,” Stubbs wrote in his motion.”

That newer dash cam video and questions surrounding the erroneous unit number, as well as what appears to be an alteration of the text overlay on the video after the fact to replace the incorrect unit number has cast even more doubt on the authenticity of the video evidence the city has provided.

During a deposition for the lawsuit on November 20th, Glenn testified about those questions:

In that deposition, Hunt’s other attorney, David T. Blake, showed Glenn the earlier dash-cam video of the event. The video, (from) June 8, 2016, said that it was from Unit 277. The text of those items was in red print.

“As far as I know, our text is not in red,” he told Blake when asked if he’d seen that type of text overlay before. “It’s in white … It looks similar to the format that we use, but I don’t recall ever seeing any in red.”

Blake also asked him about the unit number.

In the deposition, Glenn said that his unit number the day of the activity on June 8 was 277. He also said that he had been assigned to that unit number since the vehicle was brand-new, approximately two and a half years.

Later in the deposition and in an email provided to the defense, Glenn said that although his unit number was 277, the camera in his vehicle was actually from unit 281.

“My vehicle number is 277 …. And the camera in unit 277 failed,” he said in the deposition. “It had to be sent back. There was another vehicle that wasn’t being used, which was unit 281. The camera out of that vehicle was taken out of that vehicle, placed in my vehicle and the device name was not changed when it was changed over. So my vehicle was being broadcast as 281.”

In the email Glenn added that the unit identifier was “mistakenly not changed” until around Aug. 4, 2016.

So, between the original retaliatory nature of the charges (without even getting into the exploitative financial motive for the “safety exercise” Hunt had interrupted), the inconsistencies in Sgt. Glenn’s police reports, and the evidentiary issues, logic should dictate that Judge Miller will have an easy decision to do the right thing and grant the motion for dismissal.

Stephen Stubbs certainly seems to think so:

“By manufacturing false and fraudulent evidence, the city attorney’s office, the Boulder City Police Department, or both have tipped the scales of justice so far that the scales themselves have fallen into a bog of eternal stench,” said Stubbs about Tuesday’s motion…

“We filed this because the evidence is clear that the city attorney’s office, the Boulder City Police Department or both manufactured false evidence and gave it to defense as discovery,” Stubbs said. “They cheated …. Justice requires all these ridiculous charges be dropped.”

However, we are dealing with the government and their police enforcers, so logic might not be the standard by which things are decided. Nor is there any lack of precedence for cops to get away with or even be rewarded for committing blatant acts of perjury and evidence tampering. That’s especially the case in Las Vegas area police departments.

Original Video Concerning the Perjury Committed by Sgt. John Glenn

Surveillance Video of John Hunt Crossing Street

Sgt. Glenn’s Dashcam Video

Other Posts Related to Boulder City, Nevada:

  1. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  2. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  3. Former Boulder City Nevada Police Chief Charged Over Animal Cruelty Cover-Up
  4. Former Boulder City NV Police Chief Takes Plea Deal on Charges Related to Animal Cruelty Scandal
  5. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  6. Boulder City (NV) Police “Employee of the Year” Commits Perjury to Arrest Man Interfering With Revenue Generation
  7. Boulder City Police Doctored Audio in Arrest Video Where They Were Already Caught Committing Perjury
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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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Update: Two Years Later the TSA is STILL Keeping You Safe Five Percent of the Time

Transportation Security Administration TSA Failed 95 Percent

Once again, TSA inspectors have failed to find 95% of the mock weapons sent through checkpoints by Homeland Security agents working undercover.

Just over two years ago, in June of 2015, I posted about tests Homeland Security had run at airports across the country. In those tests, undercover agents were sent through pre-boarding checkpoints run by the Transportation Security Administration. (Video from that original post is embedded below.)

Those agents carried realistic looking weapons and explosive devices past TSA screeners in order to determine how often the “weapons” would be detected. This included replicas of pistols, knives, nunchucks, tasers, ammunition, and even defused hand grenades.

Out of 70 items that should have been stopped, TSA screeners found a grand total of three of them. As I noted, at the time that translates to a failure rate of 95%. Not exactly a number that will make you feel happy as you stand in the giant line at the security checkpoint next time you fly somewhere.

Surely they’ve addressed those issues in those 2+ years and improved dramatically, though. After all, you could seemingly stumble into a higher level of success just by randomly guessing which passengers have some sort of contraband in their luggage. Right?

Not so much, according to the Washington Times:

Undercover federal agents successfully snuck drugs and explosives past security screeners at Minneapolis-St. Paul International Airport last week, according to the local Fox affiliate.

The Transportation Security Administration (TSA) conducted the test last Thursday by sending agents disguised as ordinary passengers into the airport in order to see if screeners were up to snuff, KMSP reported.

The TSA “red team” attempted to smuggle 18 different items past airport security that should easily be detected but prevailed almost every time, the Fox affiliate reported.

“In most cases, they succeeded in getting the banned items through. 17 out of 18 tries by the undercover federal agents saw explosive materials, fake weapons or drugs pass through TSA screening undetected,” KMSP reported, citing unnamed sources familiar with the operation.
In fact, it could have even been worse this time:

The security test was ultimately abandoned once the TSA’s failure rate reached 95 percent, the station reported.

So, before the Mercy Rule was invoked, the TSA screeners in Minneapolis had successfully found a weapon being smuggled onto a plane once. Which, like 2015, equates to just five percent of the time.

Basically, when you eliminate groping people; especially underage passengers, taking lewd photos of unsuspecting women, and stealing shit out of your luggage, they just aren’t very proficient at what they do. (To be fair, they do seem to be pretty good at finding spare change passengers being subjected to their ineffectual security theater leave behind.)

Truth be told, they actually couldn’t be much less useful (and would be quite a bit less annoying and exploitative) if they just slept through their shift, like the guy in the picture at the top of this post.

Minneapolis – St. Paul TSA Screeners Fail Yet Again

Successful Five Percent of the Time in 2015

Groping People to Keep You Safe Almost Never

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Colorado Police Planned to Sell 80-Year Old Crime Victim’s Car Instead of Returning It To Her

Colorado Springs Police Car Auction Senior Citizen Victim

When 80 year old Mary Antrim’s stolen car was used in a robbery, Colorado Springs police told her it was on hold as evidence, then tried to auction it off without notifying her.

Back in June, Mary Antrim’s car, a Ford Crown Victoria, was stolen in Pueblo, Colorado. A few days later, it was recovered about 45 miles away by police in Colorado Springs after the unnamed person(s) who stole it used it in an aggravated robbery.

However, instead of returning her car once they recovered it, Colorado Springs police informed Antrim that it was being held as evidence. Then Antrim says they stopped answering her calls. The next time she heard anything her car, it had been scheduled to be auctioned off.

Via KOAA.com:

“They (police) told me it was involved in a robbery and that it was being held for evidence and that’s all I was told,” Mary said.

That information was give to Mary on June 5—more than a month ago!

“I’ve called them (police) every week to find out where the car is at and what’s going on with the car,” Mary said. “No one has called me back.”

Fast fast forward to July 10—Mary logs onto her computer and discovers her car is set to be auctioned off in September.

“I was dumbfounded,” she said. “I thought how in the world can the car go from being on hold for evidence and now it’s on hand and being ready to go to auction. I couldn’t believe that…”

“I need my car for my doctors appointments that I have to go to,” Mary said. “That’s my transportation and I’m 80 years old and I’d like to have my car back so I can do what I have to do.”

At that point, Antrim contacted one of those consumer investigation teams for a local news station. When KOAA News 5, the local NBC affiliate, called on her behalf they were told that the car was up for auction because she owed $178 for impound fees.

The problem with that answer, though, is that the Colorado Springs Police Department policy states that crime victims whose cars are impounded are not supposed to be charged storage fees. Another issue is that neither Antrim, nor her husband Clyde, were ever informed that the car had been released from the hold that had been placed on it as evidence.

In fact, the CSPD was even caught a lie regarding the latter requirement. When question, the department initially claimed that they had sent a letter to the Antrims on July 7th stated that the car had been released and giving them until September 11th to claim it before it would be auctioned.

However, the letter that was sent out was postmarked July 11th. By some odd coincidence, that just happened to be the same day that the TV station first contacted the Colorado Springs police about Antrim’s car.

Fortunately for Antrim, in the end, once the media was involved the police waived all of the impound fees (that she should have never been charged in the first place). The next day, her car was released and she was able to go down and reclaim it with being extorted out of any money first.

Meanwhile, the Colorado Springs Police Department hasn’t apologized or even offered an explanation for their “mistake.” Reportedly, they stated that they are “looking into it,” though. And we all know how thorough those internal investigations tend to be. I’m sure they’ll get right to the bottom of this whole thing.

KOAA.com | Continuous News | Colorado Springs and Pueblo

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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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Nevada Cop Block Will Be Attending Freedom Fest 2017 and the Anthem Film Festival

Freedom Fest Las Vegas Nevada Cop Block CopBlockThis year, members of Nevada Cop Block will be attending Freedom Fest, which is held annually here in Las Vegas. Freedom Fest 2017, which will be hosted by the Paris Hotel and Casino on the Las Vegas Strip, marks the tenth anniversary of the “world’s largest libertarian gathering.”

The theme for the Freedom Fest this year is, “Exploring New Frontiers.” A title that is no doubt inspired by the fact that Captain Kirk himself, William Shatner, will be serving as a keynote speaker this year. Other notable speakers include John Stossel, Steve Forbes (whose 70th birthday will be incorporated into the events), Nick Gillespie, and John McAffee, along with many more. In addition, as always, there will be multiple panel discussions, debates, and breakout sessions devoted to libertarian ideas and theories.

The Police on Trial

What I expect to be one of the highlights will be the mock trial that this year features “the police on trial.” It is described this way on the event site:

What is the state of policing in America? Are the police overstepping their bounds and eroding the rights of citizens? What about the safety of the police officers who have promised to protect and serve? Fox Business host Kennedy, who hosts her own show on Fox Business, is back as the judge in our mock trial, the most popular event at FreedomFest.

This year we’ll put “The Police on Trial,” accused of violating property rights (through civil asset forfeitures), racial discrimination, and using excessive force with SWAT team and individual arrests. She’ll oversee prosecuting attorney Neill Franklin (Baltimore Police Department), defending attorney Larry Elder (popular radio talk show host), and star witnesses Adam Bates (Cato), Daniel Franklin (NAACP), Larry Burns (Las Vegas Police Department), and Dan Bongino (NYPD, Secret Service). Not to be missed.
FreedomFest Mock Trial Police Las Vegas Nevada Cop BlockThat should be interesting. (I say: Guilty as charged. Watch the video here and see what their verdict was: https://youtu.be/z3eftVK8rFE)

Anthem Film Festival

The other major attraction of Freedom Fest is the Anthem Film Festival, which has accompanied it for the past seven years. The stated goal of the film festival, which includes, documentaries, narrative films, and short features, is to provide a venue for filmmakers who care about individuality and libertarian ideals. In addition to the screenings, each film also features a panel discussion with those involved in making them afterwards.

Of course, if you’ve followed Nevada Cop Block recently you also know that the film festival has special relevance this year for Las Vegas and anti-police brutality activists working within the city. On Thursday, July 20th, at 3:20pm, the documentary “What Happened in Vegas,” by Ramsey Denison, will be screening inside the Versailles 3 Theater.

As I’ve already described several times on this site, “What Happened in Vegas” details the many crimes, corruption, and cover-ups of the LVMPD. Along with other local cases of abuse, racism, and police brutality, it focuses on the murders of Trevon Cole, Erik Scott, Stanley Gibson, and Tashii Farmer-Brown by Las Vegas police officers, as well as the cover-ups that followed them. (See below for the official movie trailer and links to related posts on NVCopBlock.org.)

The post screening panel will also include a press conference attended by the mother and other family members of Tashii Farmer-Brown. This will be the first public appearance by Brown’s family since he was murdered by LVMPD Officer Kenneth Lopera at the Venetian Hotel and Casino on May 14th. Lopera has since been charged with involuntary manslaughter, after the local community reacted with outrage at his actions.

Brown had approached Ofc. Lopera and another Metro officer requesting help. Instead of being treated like someone needing help he was instead treated like a criminal even though he was not suspected of or wanted in connection with any crime at the time. After he became afraid and tried to leave, he was chased, beaten, tased seven times, and eventually choked to death by Lopera.

Personally, I’m looking forward to Freedom Fest and especially to the screening of “What Happened in Vegas” during the Anthem Film Festival. Hopefully, you’re going to be there, too. If you see me or one of the other members of Nevada Cop Block out there say hello.

“What Happened in Vegas” Trailer

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“What Happened in Vegas” Anti-Police Brutality Documentary to Show at Anthem Film Festival (Freedom Fest) July 20th

What Happened In Vegas Ramsey Denison LVMPD Documentary Movie Police Brutality

On July 20th at 3:20pm, “What Happened in Vegas,” the documentary by director Ramsey Denison about police brutality, corruption, and cover-ups within the Las Vegas Metropolitan Police Department (AKA: “Metro“) will be screening during the Anthem Film Festival. The annual film festival, which takes place from July 19th to the 22nd, is part of Freedom Fest, which is also held annually here in Las Vegas.

The screening will be held at the Paris Hotel and Casino, which is located on the Las Vegas Strip. Passes for an entire day, as well as all access passes for the entire festival, can be purchased in advance at their online ticket link. (Freedom Fest tickets are also available at the same link.) In addition, tickets for individual screenings can be bought at the door for $10.

As has been previously reported here at Nevada Cop Block, What Happened in Vegas premiered at the Ciniquest Film Festival in March and received rave reviews from critics during multiple showings there. This will be the second screening held here in Las Vegas. Previously, in April, the movie showed at the Las Vegas Black Film Festival and won the award for best documentary.

What Happened in Vegas focuses on the murders of Trevon Cole, Erik Scott, and Stanley Gibson by Las Vegas police officers and the cover ups of those murders by the leadership of the LVMPD. All three of those shootings were extremely controversial and heavily debated at the time they took place within Las Vegas.

However, none of them received widespread coverage by the media outside of Las Vegas. That lack of publicity for police killings and the role the local media, politicians, and casinos play in that is a major focal point of the movie. In addition, several cases of police brutality, racial profiling, and false arrests by members of Metro are also highlighted.

(Full Disclosure: I am personally in the movie. Stanley Gibson was a personal friend of mine and I also contributed general knowledge about other cases that I have learned through involvement with Nevada Cop Block and police brutality activism within Las Vegas.)

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LVMPD Police Illegally Detain Then Falsely Arrest Las Vegas Man For Not Telling Them His Birthdate

LVMPD Illegal Detention False Arrest Las Vegas Federal Courthouse

Note: This post was shared with Nevada Cop Block via reader submission. If you have videos, stories, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world.

Update: I’ve been told that the name of the officer who is wearing the body camera is Officer J. Deel. Also, the officer who orders that Mr. Martinez be (falsely) arrested is named Officer Jenkins. A third officer, who appears on camera at the end while he is being placed in the car, is named Officer Hernandez. (Other officers, who currently have not been identified, were also present.)

In the body camera footage (which was recorded by Officer J. Deel) embedded below, police officers from the LVMPD​ illegally detain then falsely arrest Joshua Martinez outside of the Lloyd D. George Federal Courthouse in Las Vegas​. Initially they approach and ask him for his birthdate, claiming that he is required to identify himself because they “are assisting the federal marshals within the courthouse.” Their only explanation for why he is supposedly required to identify himself to them is because when he tried to enter the courthouse the marshals asked him for ID, which he did not give them.

However, in order for someone to have to identify themselves to the police, they need to be legally detained first. In order to be legally detained, the police must have a reasonable suspicion that that person has committed a crime, is currently committing a crime, or is about to commit a crime. Even if there is a requirement to show ID in order to enter a building (I’ve personally been to the courthouse many times and can’t recall having ever been required to do so), not having that ID or opting against showing it to them is not a crime. It simply means they won’t allow you inside. So that does not satisfy the requirement for reasonable suspicion of a crime.

In the meantime, during the video, they readily admit several times that they are not accusing him of having committed a crime. In addition, they admit that he is on public property and confirm that he has not been trespassed from the property by the federal marshals. Contrary to what they claim while demanding the information that Martinez is under no legal obligation to provide, they are by their own admission not investigating him for having committed a crime.

Since they in fact never legally detained him, he is not under any obligation to identify himself to them. They also never ordered him to leave the courthouse property. So, he’s not disobeying any lawful orders. Therefore their charge of obstruction and the resulting arrest is false and illegal. Cops lie a lot and try to trick you into giving up your rights, but they also often don’t know the laws they are enforcing. This actually looks like the latter case.

See the original (raw) body cam video here at Joshua Martinez’ YouTube channel: https://youtu.be/riA0TcO7QnE

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Severe Flaws in “Justice System” Highlighted by Disciplinary Hearing of Former Wake County NC Prosecutor

Wake County Prosecutor Colleen Janssen Corruption

Deliberate misconduct by prosecutor Colleen Janssen led to two men being falsely convicted, but she essentially received no discipline for it.

The following post was shared with Nevada Cop Block by Lynne Blanchard, via the NVCopBlock.org Submissions Page. This is a repost from Blanchard’s own blog, “Stop Wrongful Convictions,” which was originally published under the title “Disciplinary Outcome of Former Wake County Prosecutor Highlights Severe Flaws in Our Justice System.

Along with the submission, Blanchard stated:

I mostly cover wrongful conviction cases which usually contain some level of police corruption/misconduct, but I like to expose all official misconduct.

Thanks,
Lynne

March, 2017

This week, former Wake County prosecutor, Colleen Janssen learned the outcome of the disciplinary hearing to review the level of her misconduct in a criminal case. Though she deliberately withheld critical evidence from the defense and manipulated others to go along with her scheme to hide exculpatory evidence, she did not even lose her law license for a day. Instead, Judge Donald Stephens ruled that she could not practice law with a government agency for a period of two years. This means she can be begin working as a prosecutor again in two years and do private practice until that time. What a punishment for maliciously prosecuting two men — who landed in prison for over two years until her actions were discovered!

I will describe Janssen’s egregious actions in detail, but she was not the only one who participated in the willful act to hide exculpatory information from the defense. She actually had a lot of help from other public officials — which should place all Wake County cases under scrutiny. How often does this type of thing happen? Why is no one held accountable? Why are these people above the law?

2016

Colleen Janssen was asked to resign from her position with the Wake County District Attorney’s office in June, 2016 following the revelation that she withheld critical information in an armed robbery case against Bashiri Sandy and Henry Supris in the fall of 2014. It was an obvious and deliberate Brady violation that prevented the accused from receiving a fair trial. The North Carolina Court of Appeal agreed and reversed the convictions of Sandy and Supris. District Attorney, Lorrin Freeman later dropped the charges against them.

They withheld evidence — the fact that Janssen’s star witness, Marcus Smith was a drug dealer — was the foundation of the entire defense case. This fact supported the story of the accused to such a degree that there could have been no trial without it.

Background

Sandy and Supris told police that they confronted Smith to collect money or drugs because Smith had been shorting them on marijuana purchases. Smith gave them money and jewelry, and then gunshots were exchanged. Smith shot Sandy in the leg. Smith sustained a gunshot wound to the arm. It is unclear who fired that shot, but it is not relevant to this article.

Smith told police that he was a victim of an armed robbery. The State accepted his story, ignoring the statements by Sandy and Supris — that it was a confrontation about a drug deal.

Sandy told Raleigh Police that Smith was a big-time drug dealer. That resulted in police requesting permission from a judge to place a GPS device on Smith’s car.

Smith’s Impending Charges

Janssen continued building her case against Sandy and Supris despite knowledge that Raleigh police were pursuing her “victim” (star witness) in the “armed robbery” case. In the summer of 2013, Janssen contacted detective Battle via a private email address and asked to meet with him. She asked him to hold off on arresting Smith until after her trial because she allegedly didn’t want to “spook” her witness. Never mind that the impending arrest of the witness/drug dealer should have negated the whole need for any trial since it supported the defendants’ stories, not the state’s case.

Raleigh Police complicit in misconduct

Officer Battle agreed to delay Smith’s arrest. Since police had been watching Smith, they learned the location of his stash house. Upon discovery of this information, Battle gave Janssen a “heads-up” about the probable cause and search warrant of Smith’s drug house. He clearly informed her that Smith would not be named in the search warrant and he would wait until he left the premise to search the property, thus avoiding the need to arrest Smith at that time, since it could jeopardize Janssen’s case! Never mind that taxpayers trust that police will make the appropriate arrests at the time of the known crimes! In fact, over five-hundred pounds of marijuana were found in the stash house. Battle’s cooperation gave Janssen the ability to conceal the fact that her star witness was a drug king-pin at trial!

Impending Federal Charges

Due to the amount of drugs found, this became a federal case. Laurence Cameron with the U.S. Attorney’s office would be handling the case. He became aware of the fact that Raleigh police held off on making the arrest per Janssen’s request. As a former assistant D.A. with Wake County himself, he knew Janssen and contacted her to discuss the status of Smith’s impending charges. According to Cameron, Janssen did not want to hear anything about it. Deliberate denial would prevent her from violating discovery rules, and she was fine with that. Prior to that particular call, she had in fact asked Cameron not to arrest Smith until after her trial.

Cameron was concerned enough that he got his supervisor, the U.S. Attorney involved. John Bruce contacted Howard Cummings — Wake County’s First Assistant District Attorney and Janssen’s supervisor. He informed Cummings that he had received information that Raleigh Police were holding off on making an arrest at Janssen’s request. Cummings told Bruce he would “take care of it.”

ADA Cummings testified at the disciplinary hearing that he had a discussion with Janssen and that she informed him that the search of the stash house yielded nothing that could be traced back to Smith, and that his name was not on a single search warrant. That was the end of it. Cummings testified that nothing was discoverable. It’s likely Cummings and Janssen believed the truth would never be revealed . . . and it wouldn’t have been if not for the federal case. It’s extremely bothersome that Cummings was willing to look the other way, despite being contacted by the US Attorney and informed that a fellow ADA deliberately told police to hold off on an arrest. Why did he allow the trial to proceed? Why didn’t he intervene? It is the “win at all cost” mentality of so many prosecutors. Truth doesn’t matter.

Trial of Sandy and Supris

Judicial Misconduct

Just weeks before the trial was scheduled to begin, Detective Battle sent Judge Ridgeway an application for a GPS monitor on Marcus Smith in connection to his drug trafficking, and he signed it. It was also sealed. Since Ridgeway was the trial judge, he became aware of information that impeached the state’s star witness — the mere fact that the witness was being investigated for drug trafficking. This placed the judge in a difficult predicament and also further lessened the defendants’ right to a fair trial.

From the appeal document (pg. 29-30):

On October 21, 2014, one week before trial, Judge Ridgeway considered Raleigh Police Department narcotics detective J.A. Battle’s application to surreptitiously place and monitor a G.P.S. tracking device on a car used by Marcus Smith and belonging to his live-in girlfriend. The application stated that a confidential informant alleged Smith “sells large quantities of marijuana,” and that “the most recent report was made in April 2013 when robbery suspect Barshiri Sandy told the police Marcus Smith was a known drug dealer with over 1 million dollars in product in a stash house. On this basis, Detective Battle stated, “It is believed that a GPS unit attached to Marcus Smith’s vehicle will provide relevant information regarding where Mr. Smith stores illegal drugs.”

In fact, the GPS tracking authorization had already enabled Detective Battle to locate and seize 150 pounds of marijuana from Smith’s “stash house” in August of 2014. Marcus Smith himself had been seen at the stash house before the seizure. On the basis of Detective Battle’s affidavit, Judge Ridgeway signed the authorization, finding there was “probable cause to believe that . . . the placement, monitoring of and records obtained from the electronic tracking device are relevant to an ongoing criminal investigation. Judge Ridgeway also ordered the application and order to be placed under seal.

None of the information was provided to the defense. The judge should have either unsealed the record OR recused himself from the case. He did neither and presided over the trial.

Prosecutorial Misconduct

The star witness perjured himself as he testified that he hadn’t sold drugs since 2005. The prosecutor knew it. The defense suspected he was lying but had no proof, even though it existed. The judge also knew the witness was lying.

Colleen Janssen was brazen enough to discredit the defense’s attempts to show that Smith was a drug dealer. This was her statement during closing arguments:

There has been absolutely no evidence from the witness stand outside of the defendants’ testimony that this has anything to do with drugs. Nothing that the police found, nothing that Marcus said. The defendants are the only people who’ve been talking about drugs, outside of that small amount of marijuana that Detective Grimaldi found in the garage and that was photographed and you saw. That small baggie of marijuana. From that, the defense wants to make you believe that Marcus Smith is apparently this drug kingpin. If that is the case, that apparently may . . . apparently that’s their position, but please think about whether or not you’ve heard any evidence from the witness stand that would support that contention or whether you just heard it from the lawyers.

The jury found them guilty. The prosecutor’s unethical behavior is absolutely appalling.

Appeal

The appellate attorney representing Sandy and Supris became aware of Smith’s federal case and also received a copy of a letter that described how Raleigh Police delayed the arrest of Smith at the request of Colleen Janssen. When attorney Paul Green contacted Janssen to try to determine the source of the information, she delayed getting back to him for several weeks. At that point Green contacted Howard Cummings who refused to speak to him about the matter, even though he needed to confirm or deny the allegation about Janssen for his client. Janssen finally informed Green that she had no notes or emails from any such meeting with Detective Battle.

Green did his own research. He reached out to Smith’s attorney and was given the content of the private emails between Janssen and Detective Battle. Days later, Janssen “found” her private emails, likely knowing that Green would end up getting them eventually. She emailed them to Green and he filed a MAR (motion for appropriate relief) citing prosecutorial misconduct and Brady violations. The Court of Appeals ended up overturning the convictions of Sandy and Supris and the Wake County district attorney had no choice but to address the matter. Janssen was placed on paid leave and eventually asked to resign. The disciplinary investigation followed.

Disciplinary Hearing

Jansen blamed her negligent behavior on the fact that her father had been kidnapped six months prior by an imprisoned gang member she had prosecuted. You can read about that here. Luckily her father was rescued by the FBI and he is fine; however, it is rather pathetic that she used her father’s ordeal as an excuse for her behavior in this case. Evidently it worked, thus the almost non-existent punishment. At a minimum she should have lost her law license and since her deliberate malicious prosecution led to two (very likely) innocent men being sent to prison, she should have faced prison time, but that is never the case. Prosecutors are routinely able to get away with destroying lives with little (or no) consequence.

Jansen testified that she made mistakes, and that she never made the connection that the drug arrest was significant to her case, even though she knew it was certainly crucial to the defense case. I don’t believe her. It was no mistake.

She talked about how she would have never willfully done harm to “the office.” Who cares about the reputation of the office when people are paying a huge price for her actions — prison time.

As well, so many Wake County officials testified on her behalf about how she was so honest, hard-working, etc. Namely, former District Attorney, Colin Willoughby (who fought against Greg Taylor’s innocence claims, Judge Becky Holt (who did a poor job with the Jason Young case, Judge Gessner (you can learn more about his unethical tactics in the Brad Cooper case). They all came to her defense, even knowing how deceitful she was. That’s the reality of our “justice” system.

How many more cases like this exist? How much information has been withheld from defendants? Why is there a mentality to WIN, rather than seeking the truth? Why are public officials (who are paid with our tax dollars) never held accountable for their misconduct? My hope is that the public will become more aware of cases like this.

You can watch the disciplinary hearing here.

– Lynne Blanchard
Wrongful Conviction Advocate
Contact: [email protected]

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