Tag Archives: withholding evidence

Video: The Rotting Barrel of Bad Apples That is the Las Vegas Metropolitan Police Department “Leadership”

LVMPD Capt. Yesenia Yatomi Promotion After Perjury

Captain Yasenia Yatomi, just one member of the LVMPD’s “leadership,” who have managed to excel at corruption, dishonesty, and a general lack of ethics.

In the video embedded below, Ramsey Denison, the director of “What Happened in Vegas,” and Las Vegas Attorney Stephen Stubbs, who also appears in the documentary, discuss several of the high ranking members of the LVMPD. As is pointed out in the video, those “leaders” have quite a stellar history of corruption and outright criminality.

Specifically, Stubbs discusses in detail his involvement with Captain Yasenia Yatomi, which has transpired over the last several years. In fact, it was Yatomi’s unethical and illegal actions that led to Stubbs’ first appearance at NVCopBlock.org. Yatomi, who was a sergeant at the time, unlawfully arrested Stubbs when he refused to allow her to deprive one of his clients of their Constitutional right to counsel.

She then followed that up by falsifying a police report to justify that arrest. Of course, since police reports are sworn statements, that constituted an act of perjury. However, rather than being prosecuted, fired, or in any way whatsoever punished for that (felony) crime, Yatomi was instead promoted.

Note: If you have videos, stories, upcoming events/protests, 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. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

In fact, as her current rank indicates, she has actually been promoted not just once, but twice since then. As a matter of fact, as part of her promotion to Lieutenant, Yatomi was placed in charge of the Internal Affairs Bureau. Without even a hint of irony, the LVMPD put someone who was actively being investigated for a criminal offense in command of the department that investigates misconduct by police officers.

Some of the other highlights include Undersheriff Kevin Mcmahill, the current no.2 in command at Metro who was forced to resign earlier in his career after he sexually harassed a suspect. Also among the notable members of the LVMPD’s upper echelon is Assistant Sheriff Charles Hank, who has a history of domestic violence.

As they say, the fish rots from the head down. So it should be no surprise that the LVMPD is a barrel of Bad Apples from top to bottom.

The LVMPD’s “Dirtbag Dream Team”

What Happened in Vegas,” the award winning documentary by Ramsey Denison, is currently available on DVD as well as via Video On Demand (VOD). In addition to the issues and questions surrounding the Route 91 Festival shooting, the movie also exposes some of the many instances of corruption and police brutality within the Las Vegas Metropolitan Police Department.

As has been detailed numerous times here at NVCopBlock.org, What Happened in Vegas primarily details the extremely controversial killings of Trevon Cole, Erik Scott, Stanley Gibson, and Tashii Farmer-Brown by Las Vegas police and the cover ups that followed. Several other instances of violent, racist, and/or outright criminal acts by members of the LVMPD are also featured to illustrate the overall systemic corruption within the department.

“What Happened in Vegas” Trailer

“What Happened in Vegas” Filmmaker Intro

Posts Related to What Happened in Vegas

Case Against Cliven Bundy, Sons Ammon and Ryan, Dismissed Due to Prosecutorial Misconduct

Case Dismissed Against Cliven Bundy Sons Prosecutor Misconduct

Multiple felony charges against Cliven Bundy, his sons; Ammon and Ryan, and Ryan Payne have been dismissed by a federal judge in Las Vegas, due to prosecutorial misconduct.

Earlier today (January 8th, 2017), a federal judge in Las Vegas threw out multiple felony charges against Cliven Bundy, his sons; Ammon and Ryan, and Ryan Payne due to prosecutorial misconduct during and prior to two previous trials, which had previously ended in mistrials (the first as a result of a hung jury).

Note: If you have videos, stories, upcoming events/protests, 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. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

U.S. District Court Judge Gloria Navarro dismissed the case with prejudice, meaning that the charges cannot be refiled by prosecutors. The Bundys and Payne were all four facing felony charges of threatening a federal officer, carrying and using a firearm and engaging in conspiracy and potentially decades in prison. Those charges resulted from the “Bunkerville Standoff” against the Bureau of Land Management and other members of federal and local law enforcement back in 2014.

Judge Navarro ruled that the Federal Government had violated disclosure requirements by withholding evidence that could be beneficial to the Bundys’ defense. Under the Brady Rule, prosecutors are required to provide any such information to defendants. As a result Navarro declared that “the court finds that the universal sense of justice has been violated” and therefore a fair trial could not be conducted.

Via the Los Angeles Times:

Despite the mistrial, federal prosecutors argued in a legal brief filed Dec. 29 that they didn’t willfully withhold evidence from the defense and they still planned to press ahead with another trial.

Assistant U.S. Atty. Steven Myhre wrote in his brief that the government shared 1.5 terabytes of information and noted it was “by far, the largest review and disclosure operation in this [U.S. attorney’s office] history.”

Myrhe also argued the government needed to protect some witnesses from leaks that might lead to threats, so it “culled the database with witness protection in mind.”

“Unprecedented database volume and witness concerns aside, the government never let these obstacles stand in the way of diligently working to fulfill its discovery obligations,” he wrote.

But defense lawyers for Payne — Renee Valadares, Brenda Weksler and Ryan Norwood — argued in their Dec. 29 briefing seeking to dismiss the case that government “failed to accept responsibility for any of its failure to disclose evidence” and the withholding of evidence was “flagrant prosecutorial misconduct.”

“The government’s irresponsible and, at times, false proffers to this Court as well as its dismissiveness toward the defense inspires no confidence in the prospect of fairness,” they wrote. “A dismissal is necessary to remedy the constitutional violations, to preserve the integrity of this court’s processes, and to deter future misconduct. Anything short of a dismissal is tantamount to condoning the government’s behavior in this case.”

In October 2016, Ammon and Ryan Bundy, along with five others, were all acquitted by a federal jury of charges relating to the takeover of the Malheur National Wildlife Refuge in Oregon.

Related Posts on Nevada Cop Block

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

Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding Evidence Charges in Court

Via a public Facebook post (embedded below) Stephen Stubbs released an order from Justice of the Peace Anne Zimmerman stating that Lt. Yasenia Yatomi must appear in her court to answer contempt charges for having committed perjury and withholding evidence that would have shown that perjurious testimony to have been false.

The full order from Judge Zimmerman reads:

“Now Therefore, Lieutenant Yesenia Yatomi is hereby ordered to appear on August 9, 2016 at 9:30am in Las Vegas Justice Court, Department 8, 200 Lewis Avenue, Las Vegas, NV 89101 to show cause why she shouldn’t be held in contempt of court for her perjurious trial testimony and withholding of exculpatory evidence.”

The charges stem from an incident in which Lieutenant Yatomi arrested Stubbs for refusing to leave the side of a person who was being questioned by then-Sergeant Yatomi and the LVMPD Gang Unit and whom had requested that Stubbs represent him as his lawyer. (See video embedded below.) Later, she made false sworn statements within charging documents that were sent to the District Attorney’s Office to justify the filing of criminal charges against him. That original arrest report was revealed during discovery for a civil case resulting from those false charges.

In addition, she withheld the original arrest report, which accurately described the incident and her unconstitutional reasons for arresting Stubbs, from the DA. Once the case went to court, Judge Goodman found Stubbs not guilty without even requiring him to present a defense, because the case was so obviously based on lies. Subsequently, Judge Goodman recused himself from the perjury case while stating that he had such a negative opinion of Yatomi based on that previous case that there is no way he could be fair and impartial toward her.

As is also pointed out in the Facebook post, Yatomi was recently promoted and named the head of the Internal Affairs Bureau for the Las Vegas Metropolitan Police Department, in spite of the fact she had already been exposed as a liar in open court and was potentially facing these perjury charges. The LVMPD’s Internal Affairs Bureau is the department assigned to investigate police officer accused of misconduct or criminal acts, such as perjuring themselves in court and/or withholding evidence, for example. (See second video embedded below.)

(See the “related posts” section below for links to these and other stories involving or relating to Stephen Stubbs posted on the CopBlock Network previously.)

Note: Within the comments on this FB post Stubbs is asked about the nature of the charges:

Question: I thought perjury was a felony, not contempt of court
Stephen Stubbs: Contempt is a civil remedy in the court that the perjury was committed in. There is also a criminal remedy, and yes, it is a felony.

It’s not actually clear from that exchange whether these charges are just being prosecuted by the court as contempt and not as a felony or if Lt. Yatomi could also potentially face felony charges for perjury afterwards as well.

Original Arrest Video

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

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed NVCopBlock.org over the past several years are probably already aware that Stephen Stubbs is a frequent contributor of submissions to the Cop Block Network. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen on a somewhat regular basis through Nevada Cop Block on issues or cases within the Las Vegas area.

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

  1. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  2. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  3. Man Beaten by Las Vegas Police For Not Moving Fast Enough Awarded $31,500 Settlement
  4. Full Waco Twin Peaks Biker Shooting Videos; Witness Statement Made Public
  5. Know Your Rights Seminar At Las Vegas “Rally For Your Rights”
  6. Waco, TX; Twin Peaks Shootings Arrests – June 10th Call Flood
  7. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  8. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  9. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  10. Game Over for Insert Coins’ and Their Abusive Bouncers
  11. Dance, Dance Revolution Protest at Insert Coins Las Vegas- Feb. 26, 2015
  12. Insert Coin(s) Las Vegas Bouncers Beat Man and Obstruct Witness Trying to Film
  13. Las Vegas Police Promise “Fundamental Policy Changes” after Dominic Gennarino Beating
  14. Las Vegas Police Beat a Man for “Not Moving Fast Enough”
  15. Las Vegas Police Agree That You Should Film Them
  16. Free Know Your Rights Seminar in Las Vegas
  17. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side

NYPD Costs Taxpayers Over $66 Million Dollars After Six People Wrongfully Imprisoned For Murder

Four men and one woman have accepted a settlement offer after being released for a 1995 murder they didn’t commit. Each of them had served 18 years in prison due to “unethical tactics” by NYPD detectives, including coaching witnesses, breaking the rules for photo lineups, and withholding video evidence that would have contradicted a major witness.

The “Soundview Five” will receive $40 million dollars collectively from New York taxpayers in this settlement. Previously, they had received $19.45 million in another settlement over the wrongful convictions. In addition, the estate of a sixth person also falsely convicted, who has since died, received a $6.89 million settlement. All told, the totals for all three settlements equal $66.34 million that the NYPD will be forcing the citizens of New York State to pay.

Via the New York Daily News:

The city settled lawsuits Thursday brought by five wrongly convicted people who spent nearly two decades in prison, agreeing to pay out $40 million — one of the largest such amounts in city history.

The four men and one woman were wrongly identified as the killers in two 1995 murders, at least one of which was linked to a vicious gang in the Soundview section of the Bronx called “Sex Money Murder.”

The quintet was dubbed the “Soundview Five,” a reference to the high-profile Central Park Five who settled their lawsuits with the city for $41 million in 2014, after being wrong convicted of beating and raping a jogger in 1989.

The Soundview Five were released in 2012 and 2013 after new evidence surfaced that the real killers had confessed to one of the murders. Before Thursday’s agreement, they had previously settled with the state in the Court of Claims for a separate $19.45 million.

Earl Ward of Emery Celli Brinckerhoff & Abady and Julia Kuan of Romano & Kuan, the lawyers for Perez and Michael Cosme, another member of the quintet, issued a joint statement Thursday.

“So many lives were ruined by the shoddy, flawed, and unconstitutional police work that no amount of money could ever compensate our clients for their lost years,” the statement said. “But the settlement reaffirms what they have been saying for 20 years — ‘We are Innocent!’ ”

Perez, Cosme, Cathy Watkins, Eric Glisson and Devon Ayers were just starting their lives when they were arrested by police for the murders of a cab driver and a Federal Express executive in the Bronx in 1995.

Glisson, Vasquez, Ayers and Cosme knew each other from the neighborhood, but Perez and Watkins didn’t know any of them. Watkins didn’t even live in the Bronx.

Cops used unethical tactics to build their case against the quintet, including coaching witnesses on what to say and violating rules for photo lineups, Ward said. He said police also withheld a security video that would have undermined a key witness’s testimony.

“These suits were brought by people who together spent nearly one hundred years in prison, whose convictions were vacated by the Court after reviews by federal and local prosecutors,” a city Law Department spokesman said. “The parties have agreed to resolve these longstanding and complex cases through settlements we believe are fair and in the best interests of the city.”

All five were convicted and got life sentences, but they never gave up trying to get someone to listen to their pleas of innocence. They wrote letter after letter after letter to everyone they could think of.

In 2012, the convictions began to collapse when Glisson wrote a letter to an investigator with the U.S. Attorney’s office. That investigator, John O’Malley, read the letter and recalled that when two of the gang members agreed to cooperate years earlier, they admitted to killing the cabbie.

“He told us that when he read the letter, it sent shivers up his spine because he realized two people he had spoken to years earlier had confessed to the crime,” Ward said.

O’Malley provided an affidavit to the court, and the Bronx District Attorney eventually agreed not to oppose their release. The quintet then filed suit.

Perez, who was knifed in prison in 2003, said he clung to his faith to survive the long ordeal.

“I cried every day for 18 years,” he said. “You have that faith that someday you will be free. One day.”

Of course, there’s nothing in the article about the punishment the cops and prosecutors who ruined these six people’s lives will (not) be receiving for the “shoddy, flawed, and unconstitutional police work” that sent them to prison for 18 years each, even though they were completely innocent. Not surprisingly, the taxpayers will be the only ones being punished for that.

Federal Judge Rules FBI Illegally Defies Freedom Of Information Act

The following post was submitted to the CopBlock Network by Isiah Holmes, who has been featured several times previously on Cop Block, via the CopBlock.org Submissions Page. In this post, Isiah discusses a recent ruling by US District Court Judge Randolph D. Moss that the FBI has been illegally denying FOIA requests.

Transparently Criminal

A strained, ravenous, demanding public outcry for greater government transparency remains an unfortunate concurrent reality. The common American police department seems to exemplify this fact, almost cocky about its many protective layers of artificial secrecy. FBI officials, however, recently topped this standard or, just as likely, found a new all time low. It now not only withholds scores of documents from FOIA requests, but also information on how it even processes requests! This most recent almost laughable, highly illegal, effort by the bureau, however, is getting some serious push back in court.

You might find yourself as dumbfounded over the FBI’s outrageous claims as US District Judge Randolph D. Moss. According to the Guardian, Judge Moss found the FBI’s current FOIA policy “fundamentally at odds with the state.” Moss first became entangled in the debacle when he ruled in favor of MIT PhD student Ryan Shapiro, who first approached the FBI.

Shapiro, All Gov reports, included the FBI’s policies in his research of Freedom of Information and Privacy Act theory. Judge Moss stepped in after FBI denied Shapiro requested documents multiple times, asking for information on the request process. Emboldened bureau entities similarly dismissed Moss, claiming no obligation to release even that. According to the Guardian, officials regard such information inherently secret and thus, exempted from the FOIA.

PhD-in-training Shapiro, the Guardian reports, criticized the FBI’s effort to do “nearly everything within it’s power to avoid compliance” with the FOIA. “This”, he continues, “results in the outrageous state of affairs in which the leading federal law enforcement agency in the country is in routine and often flagrant violation of federal law.”

The FBI, the Guardian reports, claimed releasing said documents would disclose law enforcement techniques which are not public knowledge. The specific documents requested include: search slips–documented efforts to find required files– case evaluations of the searches and subsequent processing notes. Literally some of the most basic information which, if Shapiro is correct, would render FBI’s treachery self-evident.

Judge Moss, All Gov reports, summarized the bureau’s reasons in court. Essentially to protect “the implicit disclosure of highly sensitive information relating to ongoing investigations, confidential information, and classified national security matters.” Moss acknowledged “compelling reasons” for the FBI to “withhold search slips and similar processing records.” “But”, he rules, “the FOIA itself does not do so, and the FBI can not act on the basis of an exemption…that congress has not authorized.”

One of the case attorneys, CEO of National Security Counselors Kel McClanahan, commented on Judge Moss’s ruling. “The judge carefully dissected [the government’s] argument and found that nothing in the statute or case law supported such an outlandish proposition.” “This option highlighted…the basic truth that if an agency has a problem with the fact that the information it wants to withhold is not covered by an exemption it should take the matter up with Congress, not the court system.”

Following the conclusion of this case, it would be interesting to see who in the FBI established such Orwellian standards. Not just identify them, but also charge them with treason against the American people and their government. No longer can this law enforcement agency be allowed to continue it’s renegade crusade against this country. If America’s spearhead police organization refuses to let the people in, then little hope exists for any other municipalities.

It’s encouraging to see this story taken to court, not lost in a press loop. This fight is literally one for our country, possibly more so than the Bundy clan’s recent, and misplaced, armed occupation of federal land. Revolution can not be fought, and won, with such arcane methodologies. Revolutions of ideas both work and stimulate the longevity of a given society. The FBI will be brought to task for its crimes, if not by Congress, by the people and their courts.

– Isiah Holmes