Three suspended cops earn nearly $40K on paid leave


By Kyle Stucker

SEABROOK — Three suspended Seabrook officers have earned a total of nearly $40,000 in wages while the state has investigated police brutality claims against them.
Officers Mark Richardson, Adam Laurent and Keith Dietenhofer have all been on administrative leave since Jan. 7, which is one day after police station surveillance video depicting them engaged in an alleged November 2009 assault was posted by the alleged victim on YouTube.
Between Jan. 7 and April 10, Laurent earned $12,899.46, Dietenhofer earned $12,806.54, and Richardson earned $11,745.69, according to payroll data provided by Town Manager Bill Manzi. Manzi said the average annual patrolman salary in Seabrook is about $47,300.
All three were on paid administrative leave during that period. Richardson was placed on unpaid administrative leave on April 11, a day after Rockingham Superior Court announced that he had been indicted on a felony count of simple assault.
The Nov. 11, 2009, video shows the officers leading Michael Bergeron Jr., a Seabrook man who was 19 years old at the time, down a hallway within the station before an officer reported to be Richardson can be seen slamming Bergeron head-first into the wall of the cell block.
Bergeron, who was in the station due to a driving while intoxicated arrest, is helped to his feet in the video, and the officers continue to lead him down the hallway before Bergeron falls on the floor just off camera.
The officers reported to be Laurent and Dietenhofer can be seen laughing in the video as Laurent allegedly pepper-sprays Bergeron while he was on the floor.
Senior Assistant Attorney General Jane Young has said charges were only pursued against Richardson and Laurent because they were the ones "who appeared to have taken action" during the alleged assault.
The grand jury chose not to indict Laurent, however, and Young said he "will not face a criminal charge" for allegedly using oleoresin capsicum, commonly referred to as pepper spray, to subdue Bergeron during the incident.
Laurent and Dietenhofer are still on paid administrative leave.
Manzi said the three officers' leaves have also created an increase in overtime paid out by the Seabrook Police Department, although Manzi declined to release exact details of the overtime paid to cover the officers' shifts. He said releasing that financial information could indicate that certain shifts aren't being fully covered, which he said could compromise law enforcement activities and the department's overall effectiveness.
"Depending on the shift involved, coverage would be augmented by sworn administrative staff, detectives, et cetera," said Manzi. "However, to reveal the exact amount of hours of such overlapping coverage would provide public details of anti-crime coverage to the detriment of public safety, which we decline to do."
As of Tuesday, Manzi said the total overtime expended by the department in the first quarter of 2014 was $73,874.30. That is a sharp increase compared to the overtime paid out during the same period in 2013, during which $49,556.10 worth of overtime was expended.
A number of factors outside of the officers' leaves play a role in the increase, though, according to Manzi. Those factors include a harsher winter with a significantly greater number of snowstorms as well as several major incidents that required police presence, including a standoff just over the town line in Hampton Falls.
This year's first quarter overtime is also higher than the amount paid out during the first quarters of both 2011 and 2012, which had $58,185 and $56,698 in overtime, respectively, according to Manzi.
Young has said the investigation into the officers is now a "pending matter in court" and that she can't comment on the investigation because of this.
The town has contracted Municipal Resources, an outside firm, for a maximum of $5,000 to head its own separate noncriminal investigations into the officers. Police Chief Lee Bitomske has said the scope of the investigation "will include everything that happened that night, everyone who was working and anything else they find out."
Bitomske has said he couldn't confirm whether the administrative structure will be evaluated to determine how an incident of this nature went unnoticed by town and department officials for five years, though he said the investigators wouldn't go in with a narrow focus. The investigation, according to Bitomske, will also help answer why Richardson never filed a report after the alleged assault, which is something that Laurent, Dietenhofer and another officer on duty did.
The charge against Richardson carries an enhanced maximum penalty of two to five years in state prison and up to a $4,000 fine because Richardson was on duty when he allegedly slammed Bergeron, now 23, into the wall.
Richardson is scheduled for arraignment in Rockingham Superior Court at 1 p.m. on April 24.


2 Indianapolis officers dead in murder-suicide



By SUMMER BALLENTINE,

INDIANAPOLIS (AP) — The Indianapolis police chief says a sergeant on administrative leave used someone else's car to break through police surveillance and fatally shoot his ex-wife and himself.
Chief Rick Hite says Sgt. Ryan Anders broke in a back door of Officer Kimberlee Carmack's far west side home Thursday evening before shooting both Carmack and himself.
Both officers were on administrative leave during an internal police investigation of what Hite on Friday called mutual issues between them.
Carmack was a 20-year veteran of the department. Anders had been on the police force for nine years and was promoted to sergeant in 2011.
They divorced last year.
An internal tip on Feb. 18 spurred the investigation, Hite said. Both told stories that led the department to put them on administrative leave during the investigation and confiscate their police weapons. Spokesman Sgt. Kendale Adams said Carmack had access to a safe house.
Hite said preliminary results of the internal investigation into the allegations were given to the Marion County prosecutor's office on April 1, and a hearing was set for April 29.
Both were given access to a police wellness program and employee assistance. Carmack was assigned a domestic violence advocate.
Electronic surveillance was used to track Anders' location, and police checked-in daily with both Anders and Carmack. Hite said Carmack later decided to leave the safe house against advice from the department.
A protective order against Anders took effect March 31. Hite said he eluded police surveillance using another person's car to drive where Carmack was staying.
"There are times when we as an agency do due diligence of making sure people are safe," Hite said. "But if someone is determined to carry out a particularly violent crime ... these things happen."
The apparent murder-suicide rocked the Indianapolis police force, Hite said. Carmack's son is an officer, and Anders was the son of a retired city police officer.
The city's Fraternal Order of Police opened its headquarters Thursday night to offer counseling to officers.
"Sometimes we forget police are not robots," Hite said. "We're people, too."


Sources: Ex-cop scheduled for guilty plea in fatal crash


Prison term likely for former police officer and chief's son for vehicular manslaughter

By Bob Gardinier

TROY – Former police officer Mark Fusco, the Rensselaer police chief's son, is scheduled to enter a guilty plea Friday to charges he was driving drunk last year when he crashed his car into a tree in East Greenbush, killing a friend.
Fusco, who is the son of Chief Rick Fusco, and his attorney Peter Moschetti will appear Friday before county Judge Debra Young. Fusco is expected to plead guilty to first-degree vehicular manslaughter and will be sentenced to state prison time, according to sources close to the case.
The charge carries a potential sentence of up to 15 years in prison. The term of incarceration Fusco will receive — after a plea deal that has been discussed with Young for several months — was not released.
Fusco's case did not go to a grand jury so he would first have to be arraigned on county charges brought by the district attorney's office before he accepts any plea.
The case is on Young's calendar for sentencing Friday, meaning it will be wrapped up with one court appearance.
Fusco, who joined the city police department in August 2012, allegedly registered a .20 percent blood alcohol content. The legal limit for driving while intoxicated is .08 percent.
Fusco was charged with aggravated vehicular homicide, second-degree manslaughter, aggravated driving while intoxicated and aggravated vehicular homicide after the March 13, 2013 crash.
Sean M. Murphy, 22, of Slingerlands was killed.
Murphy and Fusco, then 22 years old, were traveling on Third Avenue Extension in East Greenbush, just outside the city of Rensselaer, at 5 a.m., according to the town police.
Fusco was driving a Volkswagen sedan with Murphy as a passenger when the car went off the road on a curve and hit a tree, police said. Murphy was a senior at Union College.
Fusco was hospitalized after the accident.
Police said at the time that the pair of close friends went out that night to a couple of bars but took cabs and did not drive. For some reason, Fusco decided to drive at the end of the night, officials said. Sources said at the time of the crash that one of the men may have realized they left their wallet in the cab that dropped them off at home, jumped in Fusco's car and tried to catch up with the driver.
Mayor Dan Dwyer has said that Fusco was removed from the force but refused to give details of his departure. Officials said it was a personnel matter and declined to discuss it.
The case is being prosecuted by Assistant District Attorney Michael Shanley.


Edgewood officer charged with reckless homicide in fatal crash


Prosecutors allege officer was OWI during crash

INDIANAPOLIS - An Edgewood police officer has been formally charged with operating while intoxicated in relation to a fatal crash on State Road 32.
On Thursday, the Madison County Prosecutor's Office filed six felony counts against James D. Foutch, 41, of Anderson, including reckless homicide and causing death when operating a motor vehicle while intoxicated.
The charges stem from a crash on Sunday which killed Jesse Sperry and left his wife Rebecca Sperry critically injured .
Rebecca, who was nine-months-pregnant, had to have an emergency C-section at St. Vincent Hospital in Indianapolis. The baby, named Autumn Marie Sperry, was transported to Riley Children's Hospital.
According to a probable cause affidavit released Thursday, the crash data recorder recovered from Foutch's GMC Yukon showed that it had been traveling 92 miles per hour just prior to the crash and indicated no braking had occurred.
Rebecca told investigators that she saw Foutch's vehicle approaching in her rearview mirror and told her husband, "Oh my gosh, look at this guy, he is, like, flying. I think he is going to hit us."
Then Foutch "full-out nailed them," court documents quote Rebecca as saying.
Foutch told investigators that he didn't see the Sperry's vehicle because he was "looking down at his gauges."
He also told police he had taken a prescribed 7.5mg Hydrocodone a few hours prior, and that he had taken one of his girlfriend's Xanaxes the previous day. A blood test showed that he had Hydrocodone in his system at the time of the crash, according to court documents.
Foutch was being held at the Madison County Jail on $20,000 bond


Milwaukee cop convicted after handling man roughly


MILWAUKEE (AP) — A fired Milwaukee police officer has been convicted after a police video showed him slamming a suspect's head against a wall during an arrest last year.
A jury found 49-year-old Rodney R. Lloyd guilty Thursday of misconduct in public office. He was acquitted of a separate charge of abusing a prisoner.
Lloyd had arrested a man on a domestic-violence complaint last June and brought him to a police station. The criminal complaint says the man was taken into the booking room, where Lloyd slammed his head into a concrete wall.
His defense attorney, Steve Kohn, declined to comment after the hearing.
Lloyd faces a maximum penalty of 18 months in prison and a $10,000 fine when he's sentenced May 9.
Lloyd was fired after the incident. He's appealing that decision.


Tuckerton Cop Arrested for Allowing K9 to Attack, Bite Barnegat Woman


Daniel Nee

A Tuckerton police officer found himself behind bars this week after being arrested on official misconduct and aggravated assault charges for letting his K9 attack and bite a Barnegat woman, and then falsifying reports to cover up the incident.

The charges stem from a Jan. 29 traffic stop in Tuckerton during which the 57-year-old woman allegedly failed to stop after Cpl. Justin Cherry of the Tuckerton Borough Police Department activated his overhead lights.

The woman, according to a statement from the Ocean County Prosecutor's Office, drove from Tuckerton to the parking lot of the Barnegat Township Municipal Complex where she was taken into custody by two officers from the Barnegat Police Department.

It is alleged by prosecutors that Cherry was present in Barnegat at the scene of her arrest and unjustifiably allowed his K-9 to attack and bite the woman. It is also alleged that Cherry falsified his police reports in an effort to "conceal or justify his improper actions," the statement said.

Cherry’s bail was set at $15,000 cash by Superior Court Judge Francis R. Hodgson, Jr. Cherry posted bail and was released pending further court proceedings.

In 2011, according to a report in the Press of Atlantic City, Cherry was cleared by authorities in the fatal shooting of a Tuckerton man after he allegedly threatened Cherry and another officer with a knife.



Yonkers pays nearly $3M in decade over police misconduct


Yonkers paid nearly $3 million to litigants in police misconduct cases from 2000 to 2009, according to figures provided to The Journal News following a Freedom of Information Law request.
That amounts to about $500 per officer per year on legal matters related to misconduct cases, though police officials have said that amount is low, and the figures appear to bear that out.
The New York Police Department, for example, averaged more than double that, or about $1,130 per year per officer on misconduct cases during the same time, according to data obtained by The Associated Press in 2010.
The NYPD comprises about 34,500 officers.
In Yonkers, police Commissioner Charles Gardner said litigation had continued to decline since 2010.
"It should be noted that citizen complaints against members of our department have steadily decreased over the past three years," he said. "During the same time frame, we have also experienced a corresponding decrease in certain police-related litigation."
Attorney Randolph McLaughlin said police hardly facilitated the complaint process, at least for his client, Danny Squicciarini, who tried to file one in 2011 after an encounter with two officers, including Alex Della Donna.
"They refused to let him file a complaint. They said, 'Oh, we don't have any cops like that. We don't know what you're talking about … Nah, get out of here,' " McLaughlin said.
Later, during a second encounter with the same officers a few months later, the officers brought up the attempted complaint, according to a suit filed by McLaughlin and his partner, Debra S. Cohen.
"They said, 'We remember you. You're the one who tried to file a complaint against us,' " McLaughlin said.
Yonkers police paid $2,995,523 to settle 48 cases of police misconduct and brutality from 2000 through 2009, and they paid an additional $2,077,990 to settle 52 other cases against the department that did not involve misconduct, incidents like police cruiser crashes or station accidents.
Those 100 cases the department settled or lost in court are a little less than a fifth of the 515 cases filed against the city in that time, meaning that 415 cases were dismissed or otherwise won by the city in court.
The data provided to The Journal News was a portion what the newspaper originally asked for in FOIL requests submitted in July.
The city declined requests to turn over personnel records for officers Alex Della Donna and William Pataky or civilian complaints against the officers, or to say whether the two had ever been disciplined because of a complaint.
The city also declined requests to turn over how much each of the officers had cost Yonkers in settlements or judgments.
The city did turn over dozens of pages of minutes from the department's Professional Standards Review Committee, a committee composed of police and residents that meets monthly and analyzes civilian complaints.
But those minutes did not include details of the complaints or say which officers were involved in the complaints, only that a given complaint had been discussed and that action had been taken. The minutes typically do not specify what type of action.