MAY • JUNE 2009 Vol. 1 No. 3
Distributed in 15 US States and 10 Canadian Provinces $3.50
Charged for doing his job:
Sergeant Santos Cardona loses his job, then loses his life after his K-9 growls at an al Queda terrorist detainee.
Officer deaths rise 20 percent in first half of 2009
Drive to Remember completes third annual North American tour
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Agents patrolling on ATVs seize weapons, narcotics
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Who is the woman in the well? Page 17
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w w w . c o p t o c o p ne w s . c o m
RESCUE
PHOTOS Submitted
LEFT: RCMP Cpl. Terry Higginson, PSD Nick, and Cst. Mike Di Iorio stand next to survivor Bob Bennett after the search came to a successful close. ABOVE: The dry well shaft that trapped 84-year-old Bob Bennett for four days.
Members of the Port Alice RCMP will not soon forget the day they pulled 84-year-old Bob Bennett from the well shaft he was trapped in for four days.
PHOTOS Submitted
Alive and well
Cpt. Darren A. Lagan Communications Officer Island District RCMP
84-year-old rescued after four days in a dry well shaft at an old mining site on his property
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Bennett is a long time resident of the Benson Lake area, which is a remote community about 45 minutes drive, east of Port Alice, British Columbia where he lives alone, with his dog, on a sprawling property. Based on the information from Christenson, and an obvious cause for concern, officers began working local community level contacts, alerting the Provincial Emergency Program (PEP), and lining up resources for a ‘first light deployment’.
Rescue
Continued on page 2
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It began with a call to the Port Alice Detachment, a small community situated in the northern part of Vancouver Island, at 11:45 last night (June 23rd). The caller, Barry Christenson reported that he was concerned for the well being of his long time friend, and business partner, Robert ‘Bob” Bennett. It had been several days since he had heard from, or seen Bennett. Christenson had gone to Bennett’s home, and found Bennett’s dog home alone, and other items left behind, which indicated he had not planned to be away for any length of time.
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Rescue
Continued from page 1 The daytime search of Bennett’s sprawling property, which is located on an old mining site, began at first light by members of the Port Alice Detachment. Heavy rain, and rugged terrain made search efforts arduous, and at times, very challenging. Cpl Terry Higginson
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and Police Dog Nick, from the Courtenay RCMP Detachment, were called in to assist Cst Mike Di Iorio and Cpl Michelle LeBrun of the Port Alice Detachment. Police Dog Nick tracked, and alerted his handler, Cpl Higginson, to a dry well shaft, located on the side of a mountain. At the bottom of that eight-foot well shaft, through a two-foot wide opening, Bennett was found at 3:30 that afternoon, alive, and well. Bennett had spent four days in the well shaft, and to say he was relieved to see Nick and his human colleagues, would be an understatement. “Mr. Bennett, at 84-years-old, has shown us that age means nothing when you have the will to
Cigar Night Classic fundraiser honors officers and assists families
survive,” said Cpl Michelle LeBrun of the Port Alice RCMP. “He has left us with one of those stories that only come around once or twice in your career.” While the ground search was underway, staff in the RCMP Operational Communications Center were working behind the scenes, trying to locate multiple people who could assist with the search, and who had personal knowledge of Bennett’s
property. “The public likely aren’t aware of the invaluable support that our dispatch center staff, who are all civilian employees, deliver to our officers in the field,” said Cpl Darren Lagan of the Island District RCMP. “We absolutely could not succeed in this kind of incident, without their support.” Bennett was transported to the Port McNeill Hospital for assessment. He was not visibly injured, but will be thoroughly examined and treated before release. After speaking with Bennett, it appears he was attempting to locate a water source on his property at the time he entered the dry well shaft in which he became trapped.
TRIBUTE
Sheriff honors Oakland police heroes with Orange County’s finest
C
Steve Spernak
OCTOA Executive Director/ PSR
Congratulations and countless comments of appreciation continue to come in from all over California to the Orange County Traffic Officers
Thank you to our sponsors Thank you to all of our generous sponsors for making the TASER Foundation Drive to Remember for Fallen Officers a great success. With your help we raised the awareness of officer line-of-duty deaths across the nation.
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Association who partnered with Orange County Sheriff Sandra Hutchens and her command staff in what is believed to be the largest law enforcement tribute for the four Oakland Police Officers lost on March 21, 2009.
The highly successful “Cigar Night Classic” fundraiser for injured OC Motor Officers and the Oakland Police Officers Association was the culmination of five weeks of planning by The Orange County Traffic Officers Association. President and Orange County Sheriffs Deputy Brad Blakely helped organize a large contingent of OC Law Enforcement who attended the March funerals in Oakland attended by 21,000 peace officers. The Orange County Traffic Officer’s Association, including Blakely and Deputies Joe Cope and Thom Spratt were dedicated to finding a way to assist the families of the four Oakland officers and officer’s here in Orange County that were killed or injured in the line of duty. Blakely’s “dream
team” brought together a remarkable coalition of talent and technicians that lead to remarkable backing by Sheriff Sandra Hutchens and her entire command staff, members of the Board of Supervisors, city mayors, judges, Santa Ana Police Chief Paul Walters, CHP Commanders, Council members, Deputy DA’s and local business owners. The most impressive backing was the heartfelt bi-partisan support by the OC legislative delegation in ASM’s Jose Solorio, Van Tran, Jim Silva, Curt Hagman, Jeff Miller, Chuck Devore, Mike Duvall and State Senators Lou Correa, Bob Huff and Tom Harman as well as U.S. Representative John Campbell. MVP appreciation acknowledgements went to ASM Duvall from
the traffic officers at the event for his financial support, sponsor- item contributions, invites to the Choirboys (retired police motorcyclists) and coordinating the arrival of Oakland ASM Sandre Swanson. Governor Schwarzenegger and California Attorney General Jerry Brown had to send ‘appearance’ regrets at the last minute due to legislative obligations in Sacramento. Special congratulations went to OC Sheriff Sandra Hutchens who won not only the Chief ’s Challenge’ as highest donor, but won over the 1,000 attendees with her appearance at the fundraiser after her personal political event in Newport Beach. Hutchens was joined by Assistant Sheriffs Mike James, Mike Hillman, and Jack Anderson and several OCSD Lieutenants at the Traffic Officers reception and graciously accommodated photos and handshakes from wellwishers, including Judge Lance Ito. Deputy Cope took top honors with advance sales to the event – personally
raising $2,000 in ticket sales while bringing in the events platinum sponsor in Gladiator Challenge along with restaurants, lawyers and local businesses. Cope was also influential in inspiring SJC city council members Sam Allevato and Tom Rhibar to attend the night’s event to support this law enforcement charity. Mike Harrah, owner of Original Mikes Restaurant, who hosted the entire event, hospitality, staffing and food stations, was recognized at the formal presentation by Blakely who presented Harrah a signed and framed Litho of the Association’s artwork. A banner listing more than 100 sponsors was displayed in the VIP tent. Vintage Cigars provided cigar sales with proceeds going towards the memorial fund. Coors and Miller Beer donated their sales to the memorial fund. Over 70 gifts were raffled away, including large screen TVs, I-Pods, a hotel stay, Oakley watches, and numerous other sponsor gifts and products. The Orange County Traffic Officer’s Association is also
bus
holding a separate raffle for a 2009 Honda Motorcycle, which will be raffled off at the annual Motor Rodeo in October. The centerpiece of the night’s event was the tearful address Oakland Police Officer Andy Luty offered on the incredible lives, loves and living of Officer John Hege, and Sgts. Dan Sakai, Erv Romans and Mark Dunakin. Chris Dunakin, brother of Sgt. Mark Dunakin, was joined by his parents and family, and gave a rendering eulogy and grateful thanks to the family of law enforcement who will help the nine orphans left behind in Oakland. Dunakin was joined by Oakland Officers Andy Luty, Jim Gordon and Jim Fisher in lighting the ‘eternal flame’ candlelight vigil in front of framed photos of the Officers. Four shot glasses filled with Jack Daniels were displayed as part of the ‘warriors tribute’. Blakely presented each member of the Oakland Police Department with litho artwork, signed by
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the Association Board, as well as Chris Dunakin and his parents who attended and were introduced in front of the more than 1000 attendees inside Original Mikes for the formal program. Brad Blakely closed the night’s program with special recognition to Tonight Show host Jay Leno, who donated $5000 in support of the event. Unfortunately, Leno was unable to attend at the last minute due to scheduling conflicts. The OCTOA “Cigar Night Classic”, honoring heroes who made the ultimate sacrifice, helped bring closure to the Oakland Officers and their families and overwhelmingly showcased the caring and closeness of the OC Cops, electeds and community that help make this “legacy event” a classic in OC law enforcement history. Donors can still send in any amount or become sponsors to next year’s event to honor the Oakland Officers and injured OC Motors by going to www.OCTOA.org.
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$477,000 US seized at Alberta border crossing Calgary, AB – The Canada Border Services Agency (CBSA) seized a record $477,000 US in unreported currency following a vehicle inspection at the Coutts port of entry on April 20, 2009. CBSA officers discovered the undeclared currency during a secondary examination of a vehicle and horse trailer. The cash was concealed in a false compartment between the trailer’s livestock area and the living quarters. A 33 year-old man from Calgary was arrested and turned over to the RCMP. No charges have yet been laid as the RCMP investigation is ongoing. To date, this is the largest CBSA currency seizure in Alberta. The undeclared currency was seized under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Even though there are no restrictions on the amount of money that can be brought into or taken out of Canada, currency or other monetary instruments valued at CAN$10,000 or more must be reported at the border. Money can be seized by the CBSA if a proper report is not made.
St. Louis’ new Chief of Police Timothy Fitch has served with the St. Louis County PD for more than 26 years.
PHOTOS Submitted
Unreported cash in amounts more than $10,000 can be seized at border crossings.
PHOTOS Submitted
New Chief of Police for St. Louis County PD St. Louis, MO –The St. Louis County Board of Police Commissioners announced the promotion of Major Timothy Fitch as the new Chief of Police for St. Louis County PD effective June 10, 2009. Chief Fitch began his career with the St. Louis County PD in 1983. He has held various ranks in all Divisions. He has a Bachelor’s degree in Criminal Justice from Truman
State University and a Master’s degree in Management from Fontbonne University. He is a graduate of the FBI National Academy and is an adjunct instructor for Lindenwood University and the St. Louis County and Municipal Police Academy. Chief Fitch is also a graduate of the US Secret Service Dignitary Protection program. He is a member of the International Association of Chief ’s of Police, Missouri Police Chief ’s Association, FBI National Academy Associates (2006 Chapter President), Law Enforcement Officials of Greater St. Louis (2007 Treasurer), the Backstoppers and the FBI Law Enforcement Executive Development Association. He serves on the Board of Directors for the St. Louis Crusade Against Crime. Chief Fitch is a certified Assessor and Team Leader for the Commission on Accreditation for Law Enforcement Agencies (CALEA®).
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2009 a deadly start for officers After 48-year low, officer deaths rise 20 percent in first half of 2009
A
Craig Floyd NLEOMF
After falling to their lowest level in nearly five decades in 2008, line-of-duty deaths among U.S.
law enforcement officers rose 20 percent during the first six months of 2009. Still, officer fatalities remain low when compared with mid-year totals in recent history. Preliminary data from the National Law Enforcement Officers Memorial Fund (NLEOMF) indicate 66 officers died in the line of duty between January
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1 and June 30, 2009, compared with 55 deaths during the first six months of 2008. 2009 was the second lowest mid-year total since 1965, when there were also 55 fatalities
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and was well below the average mid-year fatality count over the last 10 years (76). All major categories of officer deaths increased between 2008 and 2009. Officers killed by gunfire rose slightly, from 20 in the first half of 2008 to 22 in 2009. This year’s preliminary total includes nine officers who were shot and killed in three separate multiple-fatality incidents The number of officers killed in traffic-related incidents increased 17 percent during the first six months of 2009, from 30 to 35. For the 12th year in a row, trafficrelated incidents remain the leading cause of law enforcement officer deaths. 24 states experienced at least one officer fatality during the first six months of 2009. Three federal law enforcement officers have also died this year. All 66 officers killed by midyear 2009 were men. By contrast, nearly 10 percent of the officers killed in all of 2008 were women, the highest percentage in history. Mid-year statistics were released by the NLEOMF in conjunction with Concerns of Police Survivors. The data are preliminary and do not represent a final or complete list of individual officers who will be added to the National Law Enforcement Officers Memorial for 2009.
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REPORT Geographic distribution of officer fatalities: Mid-Year 2009
24 states experienced at least one officer fatality during the first six months of 2009. Causes of officer fatalities: Mid-Year 2009
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FATALITIES
Florida California Pennsylvania Texas North Carolina Alabama New York Ohio Arkansas Georgia Illinois Indiana Louisiana Minnesota Mississippi New Mexico Massachusetts Montana Nevada South Carolina South Dakota Tennessee Virginia Wisconsin Federal
7 6 6 6 5 3 3 3 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 3
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66
If current trends continue, 2009 will be the 12th year in a row in which more officers are killed in traffic-related incidents than die from any other cause. Traffic-related incidents include automobile, motorcycle and bicycle crashes, plus officers struck while outside their vehicles. For the second straight year, traffic incidents make up a clear majority of officer deaths. 2008 marked the first time in U.S. history that more than 50 percent of officer fatalities in a single year involved traffic-related incidents – just over 53 percent. Mid-year 2009, the percentage has remained at just above 53 percent, with automobile accidents accounting for nearly 40 percent of fatalities.
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Court process trivializes little girl’s death
I
Wallace Craig
wallace-gilby-craig@shaw.ca
In exercising our fundamental freedom of thought, belief, opinion and expression, we must
determine the point at which robust criticism of a judicial decision mutates into contempt of court. Never forget that once judicial decisions are rendered, they are in the public domain, and they become grist for the mill of public scrutiny and comment. In 1981, the extent of the public’s right to criticize judicial decisions was clarified in a case in which the editor of the Peace River Block Daily, Glen Dalke, was charged with contempt of court for publishing stringent criticism of a bail decision. Dalke: “I am sick and tired of hearing of people who have been arrested for one crime or another and released on bail only to go out and commit yet another offence. “The penal system was, at one time, a way to protect society from these criminal types and when the judiciary followed the old adage of punishment fitting the crime, it worked well, however, our society’s permissiveness has now infiltrated this body that was set up to protect us. “An example of their leniency is as follows: A man charged with rape
of a local woman was remanded in custody to wait for the preliminary hearing. While in custody in Prince George, he was again brought before the courts and this time was released on bail. In November, 1980, at his preliminary hearing, a trial date was set up in conjunction with the spring assizes and he again was released on bail. A couple of days ago, the same person was charged in the Edmonton court with the recent rape and murder of a Whitecourt woman. “I realize that judges are only human and are not infallible, however, I feel that anyone who commits such a serious crime should remain in custody until he has either been acquitted or proven guilty.” In dismissing the application for committal, Mr. Justice Craig Munroe iterated the 1936 reasons of Lord Atkin – in Ambard v. Attorney-General of Trinidad – that “Justice is not a cloistered virtue; she must be allowed to suffer scrutiny and respectful,
even though outspoken, comments by ordinary men.” Munroe emphasised that it is a prima facie legitimate right of every citizen to criticize a particular case or series of decisions if done without casting any aspersions on the motive of a judge or court and without abuse. Over the years since Dalke vented his frustration with criminal justice only one thing has changed – it is now common for victims to attend bail hearings and trials. Consider The Province’s front-page eye-catcher on May 22: “Parents of Dead Children Fed Up With the Justice System – Families Press For Changes to Make Courts More Accountable.” One related story by staff reporter Susan Lazaruk – Victims’s Mother Outraged Suspect Fighting Charges – concerned the tragic death of Michael and Laurel Middelaer’s four-year old daughter Alexa who, while feeding a horse at roadside in Delta on May 17, 2008, was run over by an errant driver. The Middelaers attended court on May 21, 2009, an appearance by crown and defence counsel to fix a date for trial. After being informed by the crown that it will present
15 civilian witnesses, 15 police officers and three experts, and that there will be challenges under the Charter, the judge set May 31, 2010, as the date for the trial to begin. Outside the court the Middelaers disagreed with the case being made so complex and said the case will show why reform is needed in the criminal justice system. Laura Middelaer read from a prepared statement: “I was at the scene that day of Alexa’s death. Everyone that was at that scene knows that Mrs. Berner is
crowns case, minutiae included; and a trial scheduling system that serves the interests of the defendant and defence counsel to the extent that a criminal trial of the defendant is transformed into a trial of what was done by the police and prosecutors. And looming over this quagmire is the prospect of plea bargaining on the eve of trial. The untimely death of an innocent fouryear-old little girl is being trivialized; it is an injustice that ought to be condemned.
Released from the judicial constraint against engaging in public discussion and political comment Craig put pen to paper and in 2003 published Short Pants to Striped Trousers, The life and times of a Judge in Skid Road Vancouver. Wallace observes Vancouver’s future is in jeopardy because too many judges have gone soft on crime and too many politicians have gone soft in the head.
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Recent Cases of Interest: Court refuses to reduce damage award for cover officer who removed seatbelt to assist in apprehension Officer in rammed police cruiser receives precedent-setting aggravated damage award against suspect Off-duty RCMP officer injured in car accident and denied benefits by insurance company wins in court Man who embezzled $300,000 from company ordered by court to repay victims Court decides off-duty officer who found and turned in $1 million is entitled to the cash.
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PUTTING THE LAW BACK ON YOUR SIDE
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In 1954 Wallace Craig graduated from the Faculty of Law at UBC and, over the next 20 years, practiced law in downtown Vancouver. On his appointment in 1975 to the Vancouver Criminal Division of the Provincial Court of British Columbia Craig was assigned exclusively to the criminal courts in Skid Road Vancouver and remained there until retirement in 2001 at age 70.
JOHN CAMERON: Lawyer and ex-police officer
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responsible for that death of our child” She called Berner’s fighting of the charges – “a slap in our collective faces” – and said “I just wonder where the accountability is.” In my opinion the Middelaers are experiencing the dark side of Canada’s experiment with an entrenched Charter of Rights. They watch a simple case being transformed into Charterof-Rights justice entailing protracted investigation before charges are formulated; endless pretrial disclosure of the
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2009
Lynnwood WA, Lynnwood PD motor escort.
Modesto CA, Modesto PD Motors greet drivers Craig Prystay and Sgt Steve Gibson in front of sponsor 5.11 Tactical headquarters.
Washington DC, Phoenix PD honor guard.
Washington DC, daughter of fallen officer signing hood.
Roadside salutes such as this one took place all across the country.
Sacramento CA, Sacramento County PD motor escort and family of Deputy Larry Canfield.
Los Angeles CA, LASD headquarters with Sheriff Baca and widow of Deputy Escalante EOW 2008.
Oklahoma City OK, Kelli, Allison, and Mackie Eales, family of OK Trooper Rocky Eales EOW 1999, greet drivers Steve Gibson and Craig Prystay.
License plate of the Guardian One.
Shreveport LA, Barksdale AirForce Base with B-52 and Blue Angels fly-past.
Phoenix AZ, family of Phoenix Officer Shane Figueroa EOW 2008.
Crossing the Mississippi state line.
Dallas TX, with Dallas PD Gang Unit, squad mates of Senior Cpl Norm Smith EOW 2009.
Shreveport LA, with Barksdale AF Base MPs.
The third annual Drive to Remember for Fallen Officers departed Vancouver, British Columbia on April 28 and arrived in Washington DC May 10 raising awareness about law enforcement officers killed in-the-line-of-duty. Salem OR, with family of slain Oregon State Police Trooper Cop to Cop News publishers Sgt. Steve Gibson and Craig Prystay manned Guardian One – a decalled H3 bearing the names of fallen officers whose watch ended within the previous year. Mount Vernon WA, Skagit County Sheriff Rick Grimstead signing the hood
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Jacksonville FL, Gary Meares and Teresa (4th & 5th from left) and staff of sponsor DGG TASER & Tactical Supply.
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Albuquerque NM, Albuquerque PD official greeting and Chief Ray Schultz.
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San Bernardino CA, California Highway Patrol Officer Joe Ramos gives escort.
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For more info, go to www.SaluteHonor.org. From the hood of Guardian One.
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MAY • JUNE 2009
Leadership, Duplicity and Sacrificial Lambs
INJUSTICE
“…there are the known knowns. There are things we know we know…”
– former Secretary of Defense Donald Rumsfeld
Officer charged after K-9 growls at an al Queda terrorist
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Kregg P.J. Jorgenson Cop to Cop News writer
What if you were brought up on charges for doing your job, vilified in public by both the media
and your employer? What would you do? Who would you trust and turn to? And how would you clear your name? This is a cautionary tale, one that serving officers and those in uniform should heed. If the name Sergeant Santos Cardona doesn’t ring a bell then chances are that his story might, well some of it anyway. In 2003 Cardona was a 27-year-old US Army Military Police K-9 handler serving a tour of duty in Iraq. It was the picture of his Explosives Detection dog, Duco, which appeared in the world media showing the Belgian Shepherd snarling at a terrorist detainee at the Baghdad Correctional Facility, better known as the Abu Ghraib prison. It was that picture of Duco and other more inflammatory photographs that led Cardona and other low ranking service men and women in 2004 to be brought up on multiple felony charges of abuse, threatened with Dishonorable Discharges, and facing lengthy prison sentences. For some with political, professional or personal agendas, Abu Ghraib became a rallying cry against the war, the Bush Administration, and a media feeding frenzy. Human Rights advocates, politicians, Television talking heads or cable news pundits said that it appeared that those charged with abuse were out of control and should have known better. They weren’t alone because even those in charge said as much. The then Secretary of Defense, Donald Rumsfeld even attributed the abuses at Abu Ghraib to the fault of ‘a few bad apples’ who had acted on their own. As the charges mounted and the government and military officials began to distance themselves from what happened at Abu Ghraib those ‘few bad apples’ soon discovered that they would, in effect, be left to rot. For his role in the interrogations Sergeant Santos Cardona would be brought up on fifteen charges of abuse and dereliction of duty. As a professional military police K-9 handler his career appeared to be over. Rumor had it that even the prosecutors thought they had a slam dunk. However that was before Harvey J. Volzer, a prominent defense attorney from Alexandria, OFFICER
Virginia entered into the fray. Volzer was asked if he would look into the case against Cardona by the former Chief Army CID Investigator at the Baghdad Correctional Facility, who he just successfully defended. Harvey Volzer was no stranger to the Army’s judicial proceedings. In fact, in the 1970s he had served as a JAG officer in Germany. There he served as Defense Counsel, Trial Counsel and Chief of Justice with the 8th Infantry Division. He
“He was a
Well aware that bomb dog teams just don’t show up at a military prison and have the run of the place, let alone be present during prisoner interrogations, Volzer suspected that the K-9 teams had been brought in for a specific purpose. Convinced that the Sergeant hadn’t acted on his own at Abu Ghraib and realizing that he was a young Sergeant who was supporting a young daughter and couldn’t afford a civilian attorney, Volzer took on the case Pro Bono. While Pro Bono is viewed as taking on a case for no charge to the client the term stems from the Latin phrase Pro Bono Publico meaning for the public good. Volzer wondered how the public good was being served prosecuting
told him that a certain report he had requested did not exist only to have it handed to him by a newspaper reporter before trial. Volzer was frustrated further when he began to receive more and better information from the New York Times and Washington Post than he did with discovery requests to the Army. Knowing that there were video teleconferences between the Department of Defense and the Commander in Iraq the defense attorney requested copies of the tapes only to be told they couldn’t be found. Frustrated again but undeterred Harvey Volzer pressed on. When the case finally went to trial in mid 2006, the defense team of Volzer and Cardona’s Military Defense Counsel, Major
Pappas said that Miller did not make any such specific recommendations. What else was learned was that, shortly after the photos of abuse cropped up in the news, Col. Pappas in a memo urged an end to the use of dogs and recommended that charges not be brought against the dog handlers. Pappas recommendation though fell on deaf ears. Sergeant Cardona would face criminal charges and courts martial. Cardona’s good luck was having Volzer and Dowdy, who staunchly defended their client. There are those who believed that you don’t leave a wounded soldier in the field and especially when that soldier had taken more than his share of hits from friendly fire. Dowdy and Volzer were cut from that cloth.
hero who should have been rewarded for his
bravery in combat and not prosecuted and sent to prison because his dog growled at an al Queda terrorist detainee.”
also served as Special Assistant to the Deputy Judge Advocate of the US Army in Europe and later as Special Assistant to the Army General Counsel at the Pentagon. This was all before he enjoyed a successful career in private practice. In short, he was a talented, well qualified attorney. After several initial interviews and ‘looking into it’ Volzer was troubled by what he would soon learn. “Everyone who knew him or worked with him said he was a great guy,” said the attorney. “He wasn’t a bad apple.” The truth was Sergeant Santos Cardona had an exemplary military record and that he had been promoted repeatedly as a result of his service and professionalism as a Military Policeman. As a career professional soldier he had served tours of duty in Germany, Haiti, Kosovo, Afghanistan and Iraq. The records would also show that as a combat K-9 handler he worked an on-leash dog that sniffed out deadly hidden I.E.D.s and other radio controlled or pressure release bombs. It was hazardous and extremely dangerous duty. Volzer discovered too that Cardona had also provided security for various military missions and had even been called out to work with a Special Forces team on a less than routine combat patrol; a mission that he had been recommended for a combat decoration.
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Cardona. “He was a hero who should have been rewarded for his bravery in combat and not prosecuted and sent to prison because his dog growled at an al Queda terrorist detainee,” he said. The dogged attorney would work his way up the chain-of-command to the Pentagon and show that Cardona had been ordered to have his dog present during terrorist detainee interrogations under the guise of maintaining security. To the former Army JAG officer the ‘bad apple’ focus stemmed from a deeper core issue regarding approved methods of interrogation of detainees. Volzer didn’t think much of the multiple charges against his client either. “My (Army JAG) experience has taught me that the more charges the Army or the prosecution adds, the less of a case it has,” he said. “It’s the ‘let’s throw as much as we can at the wall and hope something sticks’ approach.” One of the things they threw at Sergeant Cardona was that he had used “Duco, like ‘a weapon and that he had tormented Iraqi prisoners for fun.” However, the defense showed that the snarling dogs were only part of an orchestrated pattern of enhanced interrogation techniques. Volzer’s determined defense would frustrate the Army and at times himself. In one instance the Army
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Kristen Dowdy began to show that the charges were more smoke than fire. In court, Major Dowdy would point out that the ‘abuse’ charges against Cardona revolved around one simple fact. “What we have here is a soldier who let his dog get too close to a detainee, and the dog barked,” she said to the military jury panel. The Alexandria attorney’s witness list would lead him to Major General Geoffrey Miller, the former commander of the Guantanamo Bay site. Miller, a career senior officer, had been brought to Iraq prior to the reported abuse at Abu Ghraib to help ‘Gitmoize’ the prison. One of his recommendations was that military dogs could be used to help with ‘custody and control’ of detainees at Abu Ghraib. Volzer would establish that after Miller’s visit General Ricardo Sanchez, the Commander of the Coalition Forces in Iraq, issued an order regarding the fear of dogs that Arab men had saying that the fear could be exploited in using the animals “while maintaining security during interrogations.” During a trial against another military defendant, Colonel Thomas M. Pappas, the top military intelligence office at the prison, testified that Major General Miller had recommended the use of dogs during interrogations. However, at an earlier trial OFFICER
After two years and what had to seem like a slow bleed Sgt. Santos Cardona was found guilty of only two of the many charges and cleared of the rest. It was reported that when the verdict was read Cardona’s friends and fellow members of his unit sitting in the court room cheered and applauded. “It wasn’t an acquittal but it was a win,” said Volzer, who had hoped for a better outcome. Sergeant Santos Cardona was reduced in rank one grade to Specialist 4, received a fine of $600 a month for 12 months and was ordered to perform 90 days of hard labor. The hard fought victory though would come at a cost. Already branded as a ‘bad apple’ Santos Cardona would be unable to work as a Military Policeman and a K-9 handler. And after learning he wouldn’t be allowed to re-enlist to complete his 20 years of service and receive a pension, he left the Army to support his daughter. Needing work the veteran K-9 handler took a job as a civilian contractor in Afghanistan. He was back working an Explosive Detection dog and doing the job that he loved mostsaving lives. While to some this might have seemed like a shot at redemption or a somewhat happy ending to nightmare story, the story took another turn. If Iraq was a small corner of hell then
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Afghanistan was more towards its fiery center. Out on patrol Santos Cardona and his working K-9 were killed in action when the vehicle he was riding in struck a buried Improvised Explosive Device in Uruzgan Province. The news devastated Cardona’s families and friends as well as his former attorney. “I had just come in from court and found my secretary in tears,” said Harvey Volzer. “When she told me the news about Santos I was stunned. He deserved better than what he had received from the Army.” Others would add that the public too deserved better than what it received from the Defense Department with regard to the policies it set in place regarding the enhanced methods of interrogation of detainees. A 2009 a report by the Senate Armed Services Committee entitled, “Inquiry into the Treatment of Detainees in US Custody,” showed that the soldiers had not, in fact, acted on their own and that top officials in the Bush Administration had given the official nod for the CIA’s harsh interrogation methods. “In my judgment, the report represents a condemnation of both the Bush Administration’s interrogation policies and the senior administration officials who attempted to shift the blame for abuse – such as was seen at Abu Ghraib, Guantanamo Bay and Afghanistan – to low ranking soldiers,” said Senate Committee Chairman, Senator Carl Levin. Harvey Volzer was less charitable. “It does bother me that gutless wimps like Rumsfeld order actions and then cannot face the consequences,” he said. Apparently, the ‘known knowns’ were not unknown to some of the higher ups but for Santos Cardona and his family and friends the revelation and report sadly, would come much too late. Finally there’s this: For his successful and determined defense, and perhaps, more than likely for embarrassing the Army and pointing out some high ranking hypocrisy, Harvey Volzer was suspended indefinitely from the practice of Army law. The state jurisdictions in which he practices, Virginia and the District of Columbia, did not follow suit, finding that the Army suspension had not provided even a minimum of due process.
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Border Patrol Agents on ATVs Discover Weapons, Narcotics Tucson, AZ – June 24, 2009, US Border Patrol agents from the Tucson Sector seized 430 pounds of marijuana along with three shotguns and an AK-47 automatic rifle. Agents assigned to the Ajo Border Patrol Station All Terrain Vehicle unit discovered the drugs and weapons while they were working in a remote area of the desert. Agents discovered the items after they arrested seven suspected illegal aliens and conducted a search of the nearby area. The marijuana has an estimated street value of $344,000. Specialty Units operations in remote areas are essential components of both the Border Patrol National Strategy and Tucson Sector efforts to reduce narcotics smuggling in remote areas along the border. In the first eight months of fiscal year 2009 the Tucson Sector Border Patrol has seized 830,000 pounds of marijuana and 42 weapons. US Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of US laws.
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CBSA officers seize guns and ammunition at the border Calgary, AB – The Canada Border Services Agency (CBSA) seized 10 semi-automatic handguns, including one semi-automatic machine pistol, 11 high-capacity magazines and 300 rounds of ammunition. The handguns and ammunition were discovered while CBSA officers were examining a passenger vehicle entering Canada from the United States. The firearms and ammunition were concealed behind the panels of the vehicle. An Edmonton-area resident was arrested and turned over
to the Lethbridge RCMP, Customs and Excise Section. He has been charged with 45 firearms offences including possession of firearms for the purpose of trafficking and unauthorized importation of firearms. This seizure is the result of a joint investigation between the CBSA and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The investigation continues with the assistance of the Lethbridge RCMP (Customs and Excise Section) and the National Weapons
Enforcement Support Team (Lethbridge Division). The CBSA is committed to preventing illegal firearms and prohibited devices from entering the country. Each year, hundreds of firearms and prohibited devices are confiscated at various points of entry across Canada. In the last five years, CBSA officers in Alberta have seized more than 400 firearms. These enforcement actions help to keep Canada’s communities safe and secure.
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MAY • JUNE 2009
An officer and a cowboy. Gates open for the annual Calgary Police Rodeo again in August. See events listing page 19.
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Top 10
LOCATION
Cities in the USA for stolen cars
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“California traditionally has the most thefts in the country every year, by far,” says Frank Scafidi, a spokesman for NICB. “There are just more of everything here. There’re more cars here, there’re more people here, there’re more bad guys here, more bad gals here – and the cars last longer, [because] the weather here is not as severe as other places, so those are all factors that add to that bad result.”
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This is the second consecutive year – and fifth time in six years – Modesto has topped the car-theft hot-spot list. The Modesto metropolitan statistical area reported 4,235 cars stolen in 2008, a rate of 829 thefts per 100,000 people. The nationwide rate is a substantially lower 363.3 thefts per 100,000 people, according to the Insurance Information Institute. Behind the Numbers The hot-spot list uses data from NICB, a Des Plaines, Ill.-based nonprofit organization devoted to preventing vehicle theft and insurance fraud. The NICB uses U.S. Census Bureau population estimates and ZIP code data matched with theft records for metropolitan statistical areas. The end result is calculated on a scale of thefts per 100,000 people. The state of California ranked No. 1 in total thefts, but areas in Texas, Nevada and New Mexico also featured prominently in the report. And while the list marked the fifth year in a row that U.S. auto theft has declined,
it highlighted significant increases in Texas and New Mexico. El Paso, Laredo and San Antonio, along with Las Cruces, each saw an increase over their totals from last year’s report. Laredo ranked second on the list of 361 metropolitan areas; it averaged more than 827.21 thefts per 100,000 people in 2008. Border towns like Laredo often succumb to car thieves shuttling drugs, money and weapons through Mexico. “You’ve got a huge population of people who are addicted to drugs – methamphetamine and so forth – and like anything else, it feeds the habit,” Scafidi says. “You have to have money to sustain the habit, and whether it’s auto theft or burglaries or petty thefts, all these things happen in large numbers and typically with a stolen car.” At No. 3, Yakima, Wash., was the only area in a northern state to make the list. It sits on a main thoroughfare that runs between Mexico and Canada, which makes it susceptible to transient workers passing through
TOTAL AUTO THEFTS
1) Modesto, CA 2) Laredo, TX 3) Yakima, WA 4) San Diego/Carlsbad/San Marcos, CA 5) Bakersfield, CA 6) Stockton, CA 7) Las Vegas/Paradise, NV 8) Albuquerque, NM 9) San Francisco/Oakland/Freemont, CA 10) Fresno, CA
RATE PER 100,000
2007 RANKING
2006 RANKING
4,235
829.26
1
5
1,960
827.21
6
22
1,828
779.32
9
9
22,554
751.53
3
11
5,918
739.33
15
14
4,963
738.12
4
2
13,662
732.25
2
1
6,182
730.81
7
13
30,735
719.03
5
12
6,533
718.58
11
8
the area. San Diego and Bakersfield, Calif., rounded out the top five. No cities from the East Coast, Midwest or South cracked the top 10. Phoenix had the biggest drop-out from last year’s top 10, from eighth place last year to 19th this year. Elmira, N.Y., is listed as the least-likely place for auto theft. Only 23 cars were stolen there last year, a rate of 26.19 per 100,000 people. Not Necessarily About the Car While certain models are stolen more than others (the 1995 Honda Civic is the nation’s most stolen car, according to NICB data), many auto thefts are less about the car itself and more about the airbags, electronics and personal information inside the vehicle. Component theft is popular because smart keys and tracking devices have made cars more difficult to steal. Airbags can fetch up to $240 on the black market, according to the Insurance Information Institute--more than 75,000 of them are stolen ever year. The NICB says airbag theft costs more than $50 million each year for insurers and vehicle owners, who must pay roughly $1,206 to replace them.
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Skeleton remains of VW Eurovan at a chop shop.
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Shipping container used to conceal stolen Acura.
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NOW HIRING A little bit of nostalgia. This 1978 ad from Ford shows how many now-retired officers used to roll.
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Hay wagon. Members of the Quebec Provincial Police Green Team haul away someone’s harvest.
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MYSTERY
Dear Sarge These are actual comments made on students’ report cards by teachers in the New York City public school system:
Since my last report, your child
has reached rock bottom and has started to dig. I would not allow this student to breed. Your child has delusions of adequacy. Your son is depriving a village somewhere of an idiot. Your son sets low personal standards and then consistently fails to achieve them. The student has a ‘full six-pack’ but lacks the plastic thing to hold it all together. This child has been working with glue too much.
When your daughter’s IQ reaches 50, she should sell. The gates are down, the lights are flashing, but the train isn’t coming. If this student were any more stupid, he’d have to be watered twice a week. It’s impossible to believe the sperm that created this child beat out 1,000,000 others. The wheel is turning but the hamster is definitely dead.
Off Beat Two reasons why it’s so hard to solve a redneck murder: 1. The DNA all matches. 2. There are no dental records.
alks out of a
ple w A redneck cou ife is crying her ew divorce court, thusband says, “Stop heart out; the h ill my sister.” crying, you’re st
Composite drawing, released June 29, 2009 by RCMP Sgt. Fornier, Forensic Facial Imaging Service Atlantic Region
Banana used as gun in holdup, then eaten
3-D image by Forensic Artist Victoria Lywood www.VictoriaLywood.com
Winston-Salem, NC – Authorities in North Carolina say a store owner and a patron thwarted a teen accused of trying to carry out a robbery by concealing a banana beneath his shirt to resemble a gun. Winston-Salem authorities say 17-year-old John Szwalla entered the Internet cafe Thursday and demanded money, saying he had a gun. The owner, Bobby Ray Mabe, said he and a customer jumped Szwalla, holding him until deputies arrived. While they waited, Mabe says the teen ate the banana. Mabe says deputies took pictures of the peel. Forsyth County Sheriff ’s office spokesman Maj. Brad Stanley says deputies joked about charging Szwalla with destroying evidence. Szwalla faces a charge of attempted armed robbery. Jail officials say he doesn’t have an attorney.
Man charged in lawn mower beer run Vassalboro, ME – A Maine man has been charged with operating under the influence after he and a frend made a beer run on a riding lawn mower. Police say 51-year-old Danforth Ross of Vassalboro was charged May 29. Trooper Joe Chretien had been flagged down by several motorists warning of a wayward mower and made the arrest after Ross and his friend emerged from a variety store with two cases of beer. Ross’ driver’s licence had been revoked, so the pair opted for the lawn mower. Ross couldn’t be reached for comment.
A man killed a middle-class woman, sawed an arm down to the bone to better fit the barrel
in which she was stuffed and tossed her into a well, where she remained undiscovered for almost 100 years.
(all in bills, not coins... ya, right...) New Westminster, BC – A man found with $29,000 in plastic baggies in his car says he had the cash because he’s been collecting soda cans. With a five-cent deposit on pop cans in the province, that works out to almost 600,000 aluminum cans. Police in New Westminster were running a drunk-driving checkpoint on a Friday night when a car approaching the officers made a U-turn, so they pulled it over. The car smelled of marijuana, so the officers searched the vehicle looking for drugs. Instead, they found $29,000 in two plastic baggies, which they seized as they investigate where the money came from. Police say the man, who was released, told the officers he was unemployed, but had so much disposable cash because he had been collecting soda pop cans.
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superimposed a facial photograph over the victim’s, investigators thought they had a match. But thanks to quality DNA samples, police found no connection to the victim. “If we didn’t have the DNA evidence, we probably would have called it right then,” said Farion. The drawings will help narrow the candidates for DNA testing, he added. Facial reconstructions, though not done regularly, are “remarkably successful” at leading to breaks in old cases, said Walker. “This is pretty much the last kick at the cat,” he said. Anyone with information about the case is asked to call Saskatoon police at 975-8300.
Saskatoon’s 100-year-old murder mystery
$29,000 from collecting pop bottles?
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Woman in the well
happened right there and that’s why the suspect removed his clothes at the site,” said Farion. In 1912, Sutherland was a separate railroad town. That year, the Shore Hotel was built on the site where the remains were found at Central Avenue and 108th Street. The building stood empty from 1919 to at least 1927, and police are hoping to speak with relatives of former employees. Investigators have received about 30 tips from across North America, including two from Europe. Police have investigated several solid leads from people who believed family rumours might be linked to the woman in the well. When investigators
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Now Saskatoon police have finally given a face to the unidentified woman in the well. Discovered in June 2006 during an excavation project in Sutherland, a former railroad town before it was incorporated into Saskatoon, the remains have baffled the Saskatoon police historical crimes unit for almost three years. Saskatoon police have released several sketches and 3-D facial reconstructions of the woman in an attempt to jog the public’s memory and break the cold case. “Neither one saw each other’s work and if you look at the 2-D drawings, it’s uncanny how similar they are,” said Sgt. Phil Farion of the historical crimes unit. “To me, that speaks volumes about the science involved.” New details of the murder were also released at a press conference recently at police headquarters. OFFICER
Believed to be middle class or higher because of the clothing, jewelry and dental work found on the young Caucasian victim, the reconstructed woman has short, wavy strawberry-blond hair tied back in a bun. Her wide eyes and thin lips anchor a narrow face that ends with a prominent chin. Remnants of clothing found on the body are dated between 1910 and 1920, while the 18-karat gold necklace is from European origin or an area of European influence, such as Montreal. Police hope the pictures will spark some memories of family stories and photos in the public that will lead to new evidence. “There will be a family story about a missing grandmother or aunt and when they see the reconstruction it will match up to an old family photograph,” said University of Saskatchewan archeology
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Prof. Ernie Walker, who helped with the case. Two forensic reconstructionists offered their services for free to Saskatoon police. RCMP Sgt. Michel Fournier and Montreal-based Victoria Lywood drew several sketches and Lywood recreated the skull and face. Her work with the 3-D model will appear on the Discovery Channel in the fall. Police also released details to the public that were previously classified. The victim was found wrapped in a burlap sack with a saw cut near her left shoulder. Her 5-foot-1 frame was stuffed into a wooden barrel and tossed into the well. “In order to get her into the barrel, the suspect probably sawed her upper left shoulder (to push her in),” said Farion. A mixture of water and gasoline preserved the body and several pieces of evidence. Police also found a man’s vest and pants on top of the remains, leading investigators to believe the woman might have been killed at the well. “We feel it probably
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Judge says LAPD officers should be paid for dressing
Moose on the loose
Calgary, AB – A 400 lb moose was reported to police at about 6:30 a.m., bounding through yards in the community of Haysboro near Calgary for more than an hour before wildlife officials arrived and shot it with a tranquillizer dart. But a siren spooked the moose and he jumped a fence and a picnic table before officials could get more tranquillizer darts into him. Eventually the two-year-old male lay down in a family’s backyard. It took about 10 officers to attach the moose to a sling, and get it into the back of a truck for a ride out of town. The moose received an extra shot of tranquillizer and an intravenous drip — to keep him hydrated — before the drive west, where he was released southwest of Bragg Creek. The attending wildlife officer said, “They can be dangerous. There are people killed — I think Alaska’s record is more people killed by moose than by grizzly bears. So they attack with their hooves and they trample basically. So a lot of times, you just got to be careful, stay out of their way. They’re a big, kind of clumsy looking animal, but they can be pretty powerful, pretty fast.” The moose was tagged before it was released, so if hunters shoot the animal, the tag will indicate that it has tranquilizers in its system which can remain for a year. That would make the animal’s meat hazardous to eat.
Los Angeles, CA – A federal judge has ruled that Los Angeles police officers should be paid for the time it takes them to put on and take off their uniforms and safety equipment, a ruling that could potentially cost the LAPD millions of dollars in back pay and higher salaries. In a 39-page ruling, U.S. District Court Judge Gary Feess found that the several minutes it takes an officer to dress for duty is an important part of the job because “police uniforms convey and legitimize officers’ authority, increase officer safety, and help deter crime,” and fall under the compensation rules of the U.S. Fair Labor Standards Act. “This is a huge deal,” said Paul M. Weber, president of the Los Angeles Police Protective League that represents the LAPD’s rank-and-file officers. The union has filed another lawsuit on the issue in a different court. The impact of Feess’ ruling on LAPD salaries remains to be seen. One attorney familiar with the case
Edmonton Police chase stolen ambulance
questioned whether officers worked enough hours each month to meet a threshold contained in the Fair Labor Act. But, with salaries starting at about $55,000 in the LAPD and officers arguing that the ruling should be retroactive, the implications are potentially large. Next month, the U.S. 9th Circuit Court of Appeals is scheduled to hear arguments in a case that addresses the same issue, attorneys said. Attorneys for the city of Los Angeles must likely decide now whether to appeal Feess’ ruling right away, wait to see whether the higher court comes down in favor of police departments, or start hammering out a pay agreement with its officers. Regardless, the ruling is not welcome news for the city as it struggles to close a budget gap estimated at more than $500 million. A spokesman for City Atty. Rocky Delgadillo could not be reached immediately for comment.
Edmonton, AB – A 29-year-old suspect has been charged in connection with theft of an ambulance, which led Edmonton Police Service and RCMP officers on a pursuit towards Jasper. On Sunday, June 7, paramedics were attending to a call in the area of 101 Avenue and 113 Street, when their parked ambulance was stolen. Through a GPS system in the ambulance, the vehicle was located by West Division officers in the area of 151 Street and Yellowhead Trail. Officers begun following the stolen vehicle as it headed out of town on Highway 16, at which point a criminal flight was declared and officers attempted to stop the ambulance. While waiting for assistance from Air-1, officers continued to follow the vehicle. Several attempts were made to stop the vehicle with spike belts but failed. Officers also hailed the driver with a PA system, encouraging him to pull over, but he did not comply. EPS officers terminated the pursuit at 7:25 p.m. The driver was arrested around 10 p.m. in Jasper, after a big
Coming Events VicPD and the Township of Esquimalt present:
The Anti Graphiti Symposium TAGS 2009 October 21 & 22, 2009 Victoria, BC, Canada Delta Victoria Ocean Pointe Resort Connect, educate and inspire with law enforcement, local government, community organizations and businesses in the fight against graffiti in our neighbourhoods.
truck spike belt managed to stop the ambulance. The accused, who was lodged in cells in Hinton, is facing a number of charges, including those laid by the RCMP.
Officer placed on leave after allegations of gun pointing in McDonald’s drive-thru Denver, CO – A Denver police officer has been suspended after allegedly brandishing his gun at a McDonald’s restaurant in Aurora after his order took too long to fill. Aurora police confirmed the investigation saying the incident occurred May 21 at the McDonald’s at 18181 East Hampden Avenue. A spokesperson for the Aurora PD said they plan to present the case – now classified as a felony menacing incident – to the Arapahoe County District Attorney’s Office Thursday for possible filing of criminal charges. Sources familiar with the case, and the fast food worker’s account of what happened, say two off-duty
Calgary Police Rodeo August 22, 2009 Airdrie, AB, Canada Bareback, Saddle Bronc, Ladies Barrel Racing, Steer Wrestling Bull Riding, Team Roping, Break-a-way Roping, Chute Dogging, Steer Scramble, Wild Horse Racing, Wild Cow Milking, Boys Steer Riding, Mutton Bustin. • Free Camping • Pancake Breakfast • Beer Gardens • Free Children’s Carnival Det. Mike Cavilla: pol3079@calgarypolice.ca www.CalgaryPoliceRodeo.com
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September 17-18, 2009 Albuquerque, NM 505-836-8783 mcastro@cabq.gov buggsphotography.com/joanna cabq-apd.tix.com
Lt. Todd PARKINS March 26, 1970 — September 24, 2008 Lt. Parkins was instrumental in many programs within the Albuquerque Police Department and was an important part in hosting the Drive To Remember stop in 2008 — which was the most memorable of the 2008 drive.
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For conference details and how to register: www.togetheragainstgraffiti.ca • 250-412-8500 Law enforcement rep: Chantal Ziegler crowest@vicpd.ca • 250-995-7502 Municipal rep: Mike Reed mreed@esquimalt.ca • 250-414-7154 27th Annual
Denver police officers placed an order from their car in the early morning hours of May 21. But once at the drive through window, the employee said the men became agitated and angry at how long their food was taking. The men thought they were being ignored, according to contacts familiar with the worker’s account. The male clerk then said one of the officer’s flashed his police badge and pointed a pistol through the drive through window in a threatening manner, before driving off without paying. Both officers are assigned to Denver International Airport although only one has been placed on administrative leave with pay, pending the outcome of the case.
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Topics include: • Covert Technology with a Volunteer Army • Volunteers: The key to your Success • Five types of Graffiti and their cultures • Building an Anti Graffiti Unit • 10 Steps to a Graffiti-Free City, “ Painted Problems”
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