Monday, January 20, 2014

CA - Cop shoots restrained victim 10 times in genitals with taser gun

Taser Gun
Original Article

If all this is true, this is a sexual crime and the cop(s) should be arrested, thrown in prison, and on the sex offender registry for life!

01/20/2014

By MATT REYNOLDS

LOS ANGELES (CN) - L.A. sheriff's deputies Tasered a young black man's genitals until he could "smell his flesh burning" after fining his father, who has nerve damage in one hand, $1,000 for dropping a cigarette on the street outside their home, the son claims in court.

_____, 26, claims the unjustified attack took place on Dec. 6, 2012 at around 9 p.m. after sheriff's deputies "Abdulfattah" and "Russell" cited his 58-year-old father for littering in front of their home.

_____ claims the cops brutalized him after he asked why his father faced such a steep fine and eight hours of community service, and pointing out that his father had dropped the cigarette because he has nerve damage in one hand.
- The sadistic cops do not have the authority to set fines and community service, that is a judges job!

_____, who is 5 foot 7 and weighs 155 lbs., says he did not threaten, resist or raise his voice to the officers.

"Deputy Abdulfattah responded by belligerently threatening Mr. _____, telling him that 'I can write you a ticket too if you want,'" according to the federal lawsuit.

"At this point, plaintiff's mother, who had also come outside to see what was going on, told him to go back into the house. He was not being given a ticket, and neither of the officers said anything further to him, so Mr. _____ turned away and began to walk back toward the house. As he walked away from the officers, Deputy Russell grabbed plaintiff from behind and tried to slam him against the police car. When Mr. _____ asked why he was assaulting him, Deputy Russell maintained his hold on plaintiff and then tried to slam him against a nearby concrete post. Mr. _____'s mother and father repeatedly asked the officers to 'leave him alone' because 'he hasn't done anything wrong.' The officers refused."

Russell then put _____ in a full Nelson, putting him completely under the officer's control, at Abdulfattah "hit his father in the face with his fist." Nelson, still holding _____ in a full Nelson, then "swept Mr. _____'s legs out from under him and tackled him to the ground, slamming plaintiff's left shoulder into the sidewalk," according to the complaint.

Cop with small penises
"After Mr. _____ was tackled by Deputy Russell, Deputy Abdulfattah repeatedly Tased him in the groin area as he lay on the ground," the complaint states. "He was not moving or resisting in any way when Deputy Abdulfattah began to Tase him. Mr. _____ could smell his flesh burning from the Tases and he was screaming in pain. Abdulfattah continued to intentionally shoot his Taser at plaintiff's genitals every couple seconds. Mr. _____ begged Abdulfattah to stop Tasing him. His mother and father repeatedly asked Abdulfattah to stop Tasing him. Deputy Abdulfattah did not stop."

_____ claims Abdulfattah shocked him up to 10 times in the genitals, then arrested him for battery, though he had not battered anyone, or done anything unlawful.

With the pins from the Taser still in his clothes, _____ says, he was taken to Huntington hospital and jailed at La Crescenta police station.

_____ claims Abdulfattah has faced multiple complaints of excessive force. He claims that on Dec. 2, 2013, Abdulfattah and another L.A. sheriff's deputy approached him outside his home and asked why _____'s younger brother was visiting the house, according to the lawsuit. _____ says the deputies' aggressive actions that night made him "scared for his life."

He seeks damages for excessive force, false arrest, violations of the Constitution and civil rights, battery, and intentional infliction of emotional distress.

_____ is represented by Dan Stormer with Hadsell Stormer Richardson & Renick of Pasadena.


Who Really Commits New Sex Crimes?

Man sitting on a question mark
Original Article

01/20/2014

In the recent months there have been a number of articles and news sources about politicians and other prominent people involved in sex crimes. There have also been a significant number involving police officers. This study will focus in part on the offense rate for police officers in comparison to other persons, it will also take a look at the re-offense rate for people on the registry. The Urbana-Champaign Independent Media Center released the following:

Working with those numbers, according to the referenced link:
  • 0.08% (1 in 116) officers are cited for misconduct, 13% of those are sex offenses/ sex related.
  • 800,000 estimated police officers in the US (that’s one per RSO!)

Now let’s crunch some numbers… that makes ~ 6,873 instances of officer misconduct in a 6 month period of which 13% are sex related offenses giving us a grand total of….893 sex offenses committed by police officers during a six month period from April to Sept 2009 or nearly 18 per state! Estimating for the year that  would be 1786 sex related offenses for police officers of the 63,000 reported new sex offenses.

That would make about 3% of all new sex offenses are committed by police (1786/63000). Police officers make up 0.3% of the population in the US (800,000/311,745,000). Police commit one sex offense per 1,000 officers according to the numbers. Strangers commit less than 2% of all sex offenses. Police officers commit ~3%!

Trying to crunch realistic numbers for sex offenses by profession. Now, according to the AP, only 500 teachers were arrested as sex offenders out of 3.5 million teachers, which makes 0.014% of teachers which committed sex offenses or 0.7% of all new sex offenses were committed by teachers. The latest search was for clergy sex offenders since such a big deal is made about that. The only number we have found that’s recent (2009) is 215 victims of sex offenses by clergy.


TX - Supreme Court takes up limits of child porn victim restitution in case involving East Texan

Child Porn
Original Article

01/20/2014

By BEN KAMISAR

WASHINGTON - It’s been more than 15 years since Amy was raped and photographed by her uncle, who then later posted the prints onto the internet. Even though her uncle has long been convicted, Amy lives knowing that the images are viewed over again by thousands of people all over the world.

One of those people was _____, an East Texas man who downloaded 280 pornographic pictures of children onto his laptop, including two of a young Amy.

_____ pleaded guilty and was sentenced to 24 months in prison. But courts have disagreed on whether he and other viewers owe Amy direct compensation for her suffering.

On Wednesday, the U.S. Supreme Court will hear arguments on whether _____ and others who viewed the pictures are responsible for paying Amy’s compensation for a lifetime of suffering.

There are so many fulcrums on which this case could tip, and which of those will be the focal point of arguments and ultimately the court’s decision is very hard to predict,” said Douglas Berman, a law professor at Ohio State University who runs a blog on legal sentencing.

Amy – a pseudonym used to protect her identity -- contends she needs about $3.4 million, mostly to cover lost future income and counseling fees. In court documents, she said working is difficult because she fears running into people who may have seen the photos. According to the National Center for Missing and Exploited Children, Amy’s image has been found more than 35,000 times in at least 3,200 child pornography cases.

Amy wants _____ to be responsible for the full amount, which her lawyers argue he can try to collect from others who viewed or sent the pictures.

The bottom line is that _____, like many others, caused Amy’s injuries,” James Marsh, one of Amy’s lawyers, said in an email. “There is no way to separate him from the crowd of people committing these crimes; it’s all for one and one for all.”

Marsh added that _____ is still protected from “financial ruin” by the law and will only have to pay a portion of the $3.4 million if he is found liable for the entire sum.

If Amy’s lawyers are successful, the case could set a bold new precedent for victims of child pornography: joint and several liability. Instead of forcing a victim to chase down thousands of individual criminals, this method would hold a criminal responsible for the entire burden and encourage him to locate others who harmed the victim to help pay the debt.

But _____’s lawyers disagree. Amy certainly was harmed, but not directly by _____, they argue. Instead, they believe her uncle and the fact that the pictures are publicly available are to blame.

None of the damages for which Amy is now seeking restitution flow from anyone telling her specifically about Mr. _____ or telling her about his conduct,” his lawyers wrote in a brief.

In 1999, a judge sentenced Amy’s uncle to 10 years in prison, but only ordered him to pay for all of Amy’s counseling to that point, about $6,300. In that light, _____’s lawyers contend that it would be extreme for him to pay for Amy’s full losses, a violation of the Eighth Amendment’s protection from “excessive fines.”

Amy’s uncle who sexually abused her and created the child pornography to distribute on the Internet was ordered to pay $6,000 in restitution,” _____’s lawyers wrote. “It is incongruous that persons who simply possessed two of the images he created would be ordered to pay $3.4 million in restitution.”

The federal government, which assists victims in recovering restitution, agrees that _____ should not pay the entire restitution but says he should be held responsible for some of Amy’s damages.

One challenge for the Supreme Court will be interpreting two words from of a section in the 1994 Violence Against Women Act. The law says victims should receive full compensation but goes on to define eligible losses in a list.

The last of those points is a catch-all, allowing for anything considered “a proximate result” of a crime. The court must decide how broadly Congress meant to apply that standard.

Both sides are hoping that the Supreme Court will resolve conflicting opinions by the nation’s lower courts in similar cases.

Another piece of the puzzle: the Internet. The 1994 law passed long before the advent of high-speed Internet, which now makes the transfer of any image almost instantaneous. Now, Berman said, “literally anyone with a laptop they bought in the past 10 years and the Internet connection can not only easily do a couple Internet searches and find child porn … or stick a smartphone somewhere it shouldn’t be and start producing it, too.”

Now, the justices must decide how to apply a pre-Internet law to a high-speed world.

See Also:


CA - Special Victims and Catching Predators in the Sheriff's Dept with Thomas Sirkel

Allison Hope Weiner
Video Description:
The real life special victims unit and handling of incest and other sexual crimes by the Los Angeles Sheriff's department under Lee Baca is discussed with retired LA County Sheriff's Lt. Thomas Sirkel. We discuss the intentional minimizing of investigation against incest and child abuse by the Sheriff's department, and the media involvement in child abuse cases during To Catch A Predator in this Media Mayhem with host Allison Hope Weiner.

Episode Breakdown:
  • 00:01 Welcome to Media Mayhem.
  • 01:00 Introducing Thomas Sirkel.
  • 02:20 Sirkel explains his limited resources at the L.A. Sheriff's Department and his reason for leaving.
  • 06:00 Open cases in the Special Victims Unit due to a lack of resources and interference by Sheriff Lee Baca.
  • 09:50 Baca's thesis and his secret efforts to decriminalize cases of incest.
  • 17:30 The impact of incest, and Baca and Deputy Tanaka's lack of protection for child abuse victims.
  • 23:30 Sirkel explains Tanaka's role in Baca's department and the corruption therein.
  • 26:30 "To Catch a Predator" and using the press as a means of law enforcement.
  • 34:40 What resources should voters demand for the sheriff's department?
  • 40:10 Thanks and goodbye.


AZ - Ex-Phoenix PD officer (Justin LaClere) arrested for sex with minor

Justin LaClere
Justin LaClere
Original Article

01/19/2014

By Shawn Kline

PHOENIX (CBS5) - A Phoenix police officer was arrested by Scottsdale police Friday afternoon for allegedly having sex with a minor on Tuesday.

Phoenix police confirmed Justin LaClere, 32, handed in his badge after seven years with the department, resigning from the police department, Friday evening.

LaClere is charged with luring a minor and sexual conduct with minor.

According to court documents given to CBS 5 by a source, Scottsdale police became aware of LaClere's alleged misconduct with a 17-year-old girl on Thursday, Jan. 16.

Scottsdale police said LaClere met the 17-year-old through a cell phone application called Whisper. The app allows users to anonymously upload pictures with text written across them. Other users on the app can "like" the images, comment and private message other users.

Court paperwork states the 17-year-old victim in this case uploaded a picture of a baby with the text, "I want to get pregnant, but I'm only a teen" written across the image.

Police said the 17-year-old victim then engaged in a private conversation with another user with the username of Jason69er.

According to police, the very first message from Jason69er asked the for the girl's age, and she replied by saying she was 17.

On Monday, the victim received a message from Jason69er through the Whisper app saying, "I've wanted a young pregnant GF," according to court paperwork.

As the conversation continued, police said LaClere told the girl he was 32 and asked her if that was OK.

The teenager replied, "IDK I'd be worried my dad would call the cops and have you arrested for sleeping with a minor since I'm not of legal age to sleep with you."

Court papers state LaClere sent the girl pictures, including one of LaClere wearing a dark blue uniform with Phoenix PD patches on the shoulders.

On Tuesday, papers state LaClere reinitiated a conversation with the victim while she was on the school bus, asking her if she would be able to get away after school to meet him and have sex. Police said the victim agreed to the plan.

Court papers specifically state that on Tuesday afternoon LaClere arrived at the victim's home address in Scottsdale, and the pair immediately went into her bedroom. Police said when they spoke with the teenage victim, she immediately identified LaClere as the man she had sex with.


IL - Chicago officer (Daniel Aguilera) jailed on charges of assaulting relative

Daniel Aguilera
Daniel Aguilera
Original Article

01/17/2014

By Steve Schmadeke and Liam Ford

A Chicago police officer was in jail Friday night, accused of sexually assaulting a teenage girl who is a member of his extended family, authorities said.

Daniel Aguilera, 57, who records show is a 22-year veteran of the Chicago Police Department, was ordered held in lieu of $75,000 in a hearing earlier Friday before Cook County Criminal Court Judge Israel Desierto. Aguilera is charged with sexual assault and sexual abuse.

Aguilera is accused of sexually assaulting and sexually abusing the girl at his Southwest Side home early on Jan. 1, while they were at the home alone, according to prosecutors. After the attacks, the girl tried to leave the house with the excuse she was walking the Aguilera’s family dog, but Aguilera followed her outside and called her back into the house, according to Assistant State’s attorney Anastasia Harper.

When Aguilera’s wife returned home in the morning, the girl told her what happened, and she drove the girl to another family member’s house, with Aguilera following in another car, prosecutors said. In a family meeting, Aguilera admitted he had massaged the girl with lotion, prosecutors said.

Aguilera’s attorney, Joseph Pavone, said that Aguilera has numerous commendations and has been married for 19 years.

This man is appalled that she would make these false accusations,” Pavone said.

Pavone said the officer also has volunteered for two years with the Chicago Area Runners Association, helping kids train to run half marathons. “He’s actually a pillar of the community.”

Outside court, Pavone said he would challenge the judge’s ruling that Aguilera would have to surrender his weapons, including his service weapon, which would prevent the officer from working desk duty while the case is pending.