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Politics 23 minutes ago. Post got involved when somebody left a newspaper clipping in his mailbox about officer misconduct in another city. Assuming it had been Todd, Post threatened to hit him and called him a "black son of a bitch" in front of another officer, according to one of Todd's affidavits. Todd also said Post threatened his life. Other officers took Post's threat seriously enough that they began patrolling Todd's home, according to court documents.
The impending trial has prompted U. Attorney Eric Miller, the Attorney General's Office and Rutland County State's Attorney Rose Kennedy to launch reviews of the officers' conduct — three years after Baker announced there was no evidence of criminal wrongdoing.
Brian Monaghan, the attorney for Johnson and Post, declined to comment for this story. Todd, a Massachusetts native, began working for the Rutland department full time in Soon after he started, he heard Johnson, Post and others in the department using racial epithets. Specifically, they jokingly referred to black suspects who were subjected to force getting "Rodney King-ed.
Todd didn't complain until , he said in a sworn affidavit, when he witnessed Post performing illegal traffic stops and stealing items such as clubs and knives that he confiscated from the cars. Over the years, Todd said, he observed numerous instances of racial profiling. Johnson routinely let white drug users go free, he said, but searched and charged black suspects.
Todd told Tremblay he filed a written complaint about Johnson with Lt. Kevin Geno, the sergeant's supervisor, in But Geno claimed he never received it, according to Tremblay's report. After additional complaints from Todd and Rutland Sgt. Matthew Prouty, Geno and a captain launched an internal investigation in They cleared Johnson of wrongdoing.
But Todd kept forcing the issue, and eventually, the city's law firm hired Tremblay to conduct a new inquiry. He interviewed officers, informants and other police staff and summarized his findings in detail. For instance, Tremblay reported that Johnson had an arrangement with a local car-rental company.
Employees there would tell him when they leased vehicles to black male customers "from New York and other areas in the region. In one instance, Johnson stopped a car with three men inside. Two white men were never searched. A black man, Mark Allen, was strip-searched. He did not have drugs. Allen, of New York City, sued Johnson for a civil rights violation. While it was pending, Johnson and Post conducted a drug investigation targeting Allen, which Todd suspected was retaliatory, he explained in court documents.
Johnson went to a longtime female confidential informant and said, "You need to help me get this guy," according to Tremblay's report. Johnson denied those allegations in an interview with Tremblay, who concluded there was insufficient evidence to determine whether the investigation was retaliatory. Prouty told Tremblay that he suspected Johnson had an "inappropriate relationship" with at least two female confidential informants — including the one he asked to help him set up Allen.
In a recorded interview with Tremblay, the same woman confirmed she had a sexual relationship with Johnson while serving as an informant. Sometimes, she said, they had sex while he was on duty. Once, she said, it happened inside city hall. In the desperation of me being as high as I was all the time and the disease of my addiction I really feel it's inappropriate for him to prey upon women that are sick like that.
Other allegations involve a high-ranking current member of the department: Lt. Instead of taking Todd's complaints seriously, Geno allegedly launched a retaliatory investigation against Todd, according to the lawsuit.
Todd also alleged — and other officers backed him up — that Geno "often smelled of alcohol while on duty," including at crime scenes, according to court documents. In March, attorneys representing the officers and the city asked Judge Helen Toor to dismiss the lawsuit, arguing there wasn't enough evidence. But in August, Toor handed Todd a significant victory — his lawsuit, she ruled, merits a jury trial.
She dismissed Johnson and Post as defendants, however. McAlavey searched defendant, and the area, and did not find McDonald's cell phone that was stolen. McAlavey did not testify, and was not asked if McDonald identified the suspect as the robber at trial. Following a jury trial, defendant was convicted as charged.
Defendant filed a timely notice of appeal. Defendant contends his attorney was ineffective for failing to pursue a motion to suppress McDonald's in-court identification based on a suggestive pretrial identification. He asserts the in-court identification was tainted, because the pretrial showup identification was only a single person. Defendant asserts that because the pretrial identification was suggestive, the in-court identifications should have been suppressed.
A defendant has the right to effective assistance of counsel pursuant to the Sixth Amendment to the United States Constitution and article I, section 15 of the California Constitution.
People v. Ledesma 43 Cal. Defendant has the burden of proving a claim of inadequate trial assistance. Kelly 1 Cal. If the record sheds no light on why counsel acted or failed to act in the manner challenged, "unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation" [citation], the contention must be rejected.
Kelly, supra, 1 Cal. An identification may be so unreliable that it violates a defendant's right to due process under the Fourteenth Amendment. Gordon 50 Cal.
Edwards 54 Cal. A pretrial identification procedure that is "so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification" violates due process. Simmons v. United States U. Defendant bears the initial burden of demonstrating that the identification procedure was unduly suggestive and that the identification, itself, cannot be considered reliable under the totality of the circumstances. Ochoa 19 Cal. An identification procedure is unfair if it suggests, in advance of identification by a witness, the identity of the person suspected by the police.
Ochoa, supra, 19 Cal. Whether the identification procedure is suggestive depends upon the procedure used as well as the circumstances in which the identification takes place. Nguyen 23 Cal. It has been noted that sometimes exigent circumstances make such procedures necessary and the prompt identification of a suspect who has been apprehended close to the time and place of the offense to exonerate the innocent and aid in discovering the guilty is a valid purpose for conducting a showup.
Nguyen, supra, 23 Cal. The fact that defendant was the only suspect who matched the description given to the police did not render the identification procedure unfair. Officer McAlavey apprehended defendant within a minute of arriving at the scene following McDonald's call, and found defendant less than a block away from where McDonald last saw him walking.
In addition, defendant matched McDonald's description to the operator as a white male, between the ages of 19 and 22, about six feet two inches tall, weighing between and pounds, and wearing a black shirt and red and black shorts.
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