INDIANAPOLIS -- An Indianapolis police officer was charged Wednesday with five felony counts in connection with a rape accusation made over the weekend.
Courtney Harris, 33, pleaded not guilty to charges of sexual misconduct, criminal confinement, intimidation, official misconduct and obstruction of justice during an initial court appearance on Wednesday.
Prosecutors said Harris had sex with a 26-year-old woman while he was on duty Saturday.
The woman told investigators that she encountered Harris near 10th and Rural streets and that he followed her, grabbed her and took her to an area near an abandoned warehouse, where he had sex with her.
According to court documents, Harris gave the woman $12 and told her that's all the encounter was worth.
"The incident involving police Officer Courtney Harris is inconsistent with the values and integrity of the officers who serve at the (Indianapolis Metropolitan Police Department)," Chief Michael Spears said in a news release. "Officer Harris' action tarnished the department and broke the trust that the community has placed in the police department."
Authorities said Harris admitted having sex with the woman but said that the encounter was consensual.
Marion County Prosecutor Carl Brizzi said his office is still investigating.
"The one charge we did not file, because we are awaiting fuhrer evidence ... is rape. The thing we want to be sure about is the force element," he said.
The woman has a criminal past, including charges related to prostitution, drugs and criminal recklessness.
Harris' attorney, Terrance Kinard, said the there should not be a rush to judgment.
"Most people don't want to go to jail. It wouldn't be out of the realm of possibility for her to make those statements simply because she didn't want to go to jail," he said.
Indianapolis police Lt. Jeff Duhamell said Monday that Harris, a six-year veteran of the department, had been recommended for termination. Harris was being held Wednesday in the Marion County Jail on $50,000 bond.
Wednesday, February 3, 2010
Friday, January 22, 2010
Another Corrupt Prsecutor running for office
This is the third in what's become series of posts about outgoing Marion County Prosecutor Carl Brizzi and members of his cabinet. (Yesterday, this blog had items about Brizzi's fundraising in 2009, before his announcement last week that he wouldn't seek re-election, and the party loyalty of Helen Marchal, Brizzi's former chief of staff and now Republican candidate for his job.)
Now, let's turn to David Wyser, Brizzi's chief trial deputy. He's running for Hamilton County prosecutor as a Republican. At the same time, he is continuing to work in his Marion County job, in which he focuses on trial strategy, participating in some high-profile cases at various stages and sometimes meeting with deputy prosecutors to review their cases before trial.
Marchal and Wyser both faced a difficult question when they decided to run, but they came up with different answers -- which led to Marchal resigning her post upon announcing her candidacy last week and led Wyser to stay put. They both faced potential conflicts because of the federal Hatch Act. The law bars local and state agency employees from seeking partisan elective office if they "work in connection with programs financed in whole or in part by federal loans or grants." Marchal said her connection was unmistakable, since she had helped apply for federal grants and oversaw programs and staff funded by them.
This week, I put the question to Wyser: Why doesn't the Hatch Act apply to him?
The rules aren't quite clear-cut, but the stakes are high: If a candidate makes the wrong call, his or her agency could lose out on money, and the candidate could be disqualified from office. (You can read more about the Hatch Act's restrictions at the U.S. Office of Special Counsel website.) Wyser's response is after the jump.
Here's what Wyser told me: As chief trial deputy, he isn't the supervisor of any federally-funded programs and oversees deputy prosecutors' trial work, but not the employees themselves. If any of their work is paid for in part by federal grants, Wyser said, his own connection to the money is merely casual. "Not only did I look into it, but I consulted with one of the leading experts on the Hatch Act in the country," he told me. "I don't need to do anything different than what I've been doing."
I called the expert Wyser cited, James Bopp Jr., a Terre Haute lawyer involved in a lot of high-profile cases involving partisan issues. Among his clients was Terre Haute Mayor Duke Bennett, whose opponent, former Mayor Kevin Burke, launched a Hatch Act challenge based on Bennett's work for a mental health nonprofit agency that received federal funding for its Head Start program. A local judge ruled Bennett eligible, the Indiana Court of Appeals disagreed, and then the Indiana Supreme Court reversed, allowing Bennett to retain the office.
Bopp told me that, in his estimation, Wyser interacts so infrequently with prosecutors participating in federally funded programs that the connection is "de minimis." "I do believe, as I advised him, that he is not 'Hatched' -- that he is not prevented from running for office. I think he's sufficiently removed from any federal funds that are used in the office that he can do this."
It remains to be seen whether Democrats or any eventual opponents will press Wyser further on the issue.
Now, let's turn to David Wyser, Brizzi's chief trial deputy. He's running for Hamilton County prosecutor as a Republican. At the same time, he is continuing to work in his Marion County job, in which he focuses on trial strategy, participating in some high-profile cases at various stages and sometimes meeting with deputy prosecutors to review their cases before trial.
Marchal and Wyser both faced a difficult question when they decided to run, but they came up with different answers -- which led to Marchal resigning her post upon announcing her candidacy last week and led Wyser to stay put. They both faced potential conflicts because of the federal Hatch Act. The law bars local and state agency employees from seeking partisan elective office if they "work in connection with programs financed in whole or in part by federal loans or grants." Marchal said her connection was unmistakable, since she had helped apply for federal grants and oversaw programs and staff funded by them.
This week, I put the question to Wyser: Why doesn't the Hatch Act apply to him?
The rules aren't quite clear-cut, but the stakes are high: If a candidate makes the wrong call, his or her agency could lose out on money, and the candidate could be disqualified from office. (You can read more about the Hatch Act's restrictions at the U.S. Office of Special Counsel website.) Wyser's response is after the jump.
Here's what Wyser told me: As chief trial deputy, he isn't the supervisor of any federally-funded programs and oversees deputy prosecutors' trial work, but not the employees themselves. If any of their work is paid for in part by federal grants, Wyser said, his own connection to the money is merely casual. "Not only did I look into it, but I consulted with one of the leading experts on the Hatch Act in the country," he told me. "I don't need to do anything different than what I've been doing."
I called the expert Wyser cited, James Bopp Jr., a Terre Haute lawyer involved in a lot of high-profile cases involving partisan issues. Among his clients was Terre Haute Mayor Duke Bennett, whose opponent, former Mayor Kevin Burke, launched a Hatch Act challenge based on Bennett's work for a mental health nonprofit agency that received federal funding for its Head Start program. A local judge ruled Bennett eligible, the Indiana Court of Appeals disagreed, and then the Indiana Supreme Court reversed, allowing Bennett to retain the office.
Bopp told me that, in his estimation, Wyser interacts so infrequently with prosecutors participating in federally funded programs that the connection is "de minimis." "I do believe, as I advised him, that he is not 'Hatched' -- that he is not prevented from running for office. I think he's sufficiently removed from any federal funds that are used in the office that he can do this."
It remains to be seen whether Democrats or any eventual opponents will press Wyser further on the issue.
Thursday, January 14, 2010
Ok Brizzi's corrupt is Out..When will Spears GO???
Marion County Prosecutor Carl Brizzi is out -- and his chief of staff, Helen Marchal, will seek the Republican nomination for prosecutor this year in his place.
Brizzi announced late this morning via a written statement that he would not seek a third term in office in this November’s election.
Soon after, Marchal, a career prosecutor, issued a news release announcing her candidacy.
"This decision was not an easy one," Brizzi said in a letter to the community, "but after serving as prosecutor for the last seven years, I have wrestled with the question of whether I could make a commitment to serve an additional five years. ... I am still incredibly passionate about the job we do and our commitment to a victim centered philosophy that criminals have a choice and victims don't. I could not be any prouder of our accomplishments over the past seven years."
Marchal has worked more than a dozen years as a deputy prosecutor under Brizzi and predecessor Scott Newman, including the last three years as Brizzi's chief of staff. She has been a key behind-the-scenes player in his administration, overseeing a staff of nearly 400, managing the office's budget and coordinating criminal-justice programs.
“I’ve devoted my time in the prosecutor’s office to making the community safer by ensuring that we hold criminals accountable," Marchal said in the news release. "We’ve worked to punish violent offenders without apology." She added: "We must continue victim-centered prosecution and work every day to help victims through the process and fight to bring justice and restore their sense of security."
Marchal also is the Republican half of a bipartisan marriage -- her husband, Marion Superior Court Commissioner Jeffrey Marchal, is a Democrat.
She resigned her position as chief of staff late Tuesday, Brizzi said, because of concerns that running for office while overseeing programs that receive federal grant money could run afoul of the federal Hatch Act.
Brizzi’s announcement of his intentions comes at the last minute for his party – on the last day other candidates can register for the Marion County GOP’s February slating convention, in which party insiders make endorsements for the primary. The delayed announcement also leaves Marchal at an early fundraising disadvantage.
Since last summer, Democrats Terry Curry, Greg Bowes -- the Marion County assessor -- and former state Rep. David Orentlicher have been campaigning for their party's nomination for prosecutor.
Brizzi, 41, was first elected prosecutor in 2002 and was re-elected in 2006, beating Democrat Melina Kennedy by just over three percentage points in a year when Democrats won other countywide races on the ballot. He may have faced a tough re-election battle this year.
He also had been stung by a recent financial scandal involving a close friend. Timothy Durham, his finance chairman and largest donor in 2006, faced accusations in November that his companies were involved in a Ponzi scheme to defraud investors. The FBI raided the offices of two of Durham's companies, Ohio-based Fair Financial and Downtown Indianapolis-based Obsidian Enterprises.
No criminal charges have resulted, but Brizzi has defended himself against criticism of his associations with Durham.
Brizzi touted accomplishments including high conviction rates for murder and drug prosecutions, online sex sting investigations organized by his office and a mentoring program matching staffers with at-risk children at five schools.
"I will continue to work hard for the best interests of our community and make 2010 another banner year for our office," Brizzi's letter says.
Brizzi announced late this morning via a written statement that he would not seek a third term in office in this November’s election.
Soon after, Marchal, a career prosecutor, issued a news release announcing her candidacy.
"This decision was not an easy one," Brizzi said in a letter to the community, "but after serving as prosecutor for the last seven years, I have wrestled with the question of whether I could make a commitment to serve an additional five years. ... I am still incredibly passionate about the job we do and our commitment to a victim centered philosophy that criminals have a choice and victims don't. I could not be any prouder of our accomplishments over the past seven years."
Marchal has worked more than a dozen years as a deputy prosecutor under Brizzi and predecessor Scott Newman, including the last three years as Brizzi's chief of staff. She has been a key behind-the-scenes player in his administration, overseeing a staff of nearly 400, managing the office's budget and coordinating criminal-justice programs.
“I’ve devoted my time in the prosecutor’s office to making the community safer by ensuring that we hold criminals accountable," Marchal said in the news release. "We’ve worked to punish violent offenders without apology." She added: "We must continue victim-centered prosecution and work every day to help victims through the process and fight to bring justice and restore their sense of security."
Marchal also is the Republican half of a bipartisan marriage -- her husband, Marion Superior Court Commissioner Jeffrey Marchal, is a Democrat.
She resigned her position as chief of staff late Tuesday, Brizzi said, because of concerns that running for office while overseeing programs that receive federal grant money could run afoul of the federal Hatch Act.
Brizzi’s announcement of his intentions comes at the last minute for his party – on the last day other candidates can register for the Marion County GOP’s February slating convention, in which party insiders make endorsements for the primary. The delayed announcement also leaves Marchal at an early fundraising disadvantage.
Since last summer, Democrats Terry Curry, Greg Bowes -- the Marion County assessor -- and former state Rep. David Orentlicher have been campaigning for their party's nomination for prosecutor.
Brizzi, 41, was first elected prosecutor in 2002 and was re-elected in 2006, beating Democrat Melina Kennedy by just over three percentage points in a year when Democrats won other countywide races on the ballot. He may have faced a tough re-election battle this year.
He also had been stung by a recent financial scandal involving a close friend. Timothy Durham, his finance chairman and largest donor in 2006, faced accusations in November that his companies were involved in a Ponzi scheme to defraud investors. The FBI raided the offices of two of Durham's companies, Ohio-based Fair Financial and Downtown Indianapolis-based Obsidian Enterprises.
No criminal charges have resulted, but Brizzi has defended himself against criticism of his associations with Durham.
Brizzi touted accomplishments including high conviction rates for murder and drug prosecutions, online sex sting investigations organized by his office and a mentoring program matching staffers with at-risk children at five schools.
"I will continue to work hard for the best interests of our community and make 2010 another banner year for our office," Brizzi's letter says.
Thursday, December 24, 2009
The Leaders of the IMPD are completely Insane
INDIANAPOLIS -- Criminal charges against an Indianapolis police officer were dropped last month, but her struggles with the department continue.
Candi Perry, 47, was cleared in November of charges related to her handling of information in a homicide investigation, a month after a Marion County grand jury had indicted her on charges of official misconduct and false reporting.
A city attorney explained in a letter obtained by 6News' Joanna Massee that "IMPD still believes that there are some very serious disciplinary issues arising from Officer Perry's conduct in this matter."
To get her job back, Perry would be required to accept a 15-day suspension and would also have to admit that she violated the department's rules and regulations.
"Under no circumstances will we accept any responsibility for doing anything wrong," said Robert Turner, Perry's attorney. "We are not admitting to anything, other than that she is a good officer."
"If she agrees to this offer, she is saying to them, 'I lied from day one,' and she told them from day one, 'I am telling you the truth,'" said Viola Perry, Candi Perry's mother.
The letter also said Perry would be required to sign a release waiving any claim regarding the investigation and action taken against her.
"I thought once you were cleared, you're cleared. So why hasn't she been reinstated?" Viola Perry said. "I hope that the community will rise up and make this police department accountable."
Perry was named Community Policing Officer of the Year in 2008. IMPD declined to comment on the status of the case.
Negotiations are still pending between Perry and the city, but Turner said they are prepared to sue, if necessary. Turner advised his client not to talk about the case.
Candi Perry, 47, was cleared in November of charges related to her handling of information in a homicide investigation, a month after a Marion County grand jury had indicted her on charges of official misconduct and false reporting.
A city attorney explained in a letter obtained by 6News' Joanna Massee that "IMPD still believes that there are some very serious disciplinary issues arising from Officer Perry's conduct in this matter."
To get her job back, Perry would be required to accept a 15-day suspension and would also have to admit that she violated the department's rules and regulations.
"Under no circumstances will we accept any responsibility for doing anything wrong," said Robert Turner, Perry's attorney. "We are not admitting to anything, other than that she is a good officer."
"If she agrees to this offer, she is saying to them, 'I lied from day one,' and she told them from day one, 'I am telling you the truth,'" said Viola Perry, Candi Perry's mother.
The letter also said Perry would be required to sign a release waiving any claim regarding the investigation and action taken against her.
"I thought once you were cleared, you're cleared. So why hasn't she been reinstated?" Viola Perry said. "I hope that the community will rise up and make this police department accountable."
Perry was named Community Policing Officer of the Year in 2008. IMPD declined to comment on the status of the case.
Negotiations are still pending between Perry and the city, but Turner said they are prepared to sue, if necessary. Turner advised his client not to talk about the case.
Friday, December 18, 2009
Ex- Cop Sues!!! Once again.. a sad day in the Spears network!!
Ex-cop sues city over his dismissed arrest
Former officer was arrested in killing, then case was dropped; malicious prosecution alleged
By Jon Murray
Posted: December 18, 2009.Comments(2)RecommendE-mailPrintShare.A
A ..
A former Indianapolis police officer has sued the city over his arrest in the fallout of a 2008 New Year's Day killing outside his family's bar.
Gunfire erupted in the early morning hours at Durty Nelly's Eatery & Pub. Shots killed a security officer for an event promoter and injured four others.
Police initially publicized officer Shannon W. McComas' arrest on a preliminary murder charge, but later he was formally charged only with assisting a criminal. Prosecutors eventually dismissed the case.
McComas' lawsuit, filed Wednesday, seeks unspecified compensatory and punitive damages on claims of false arrest, malicious prosecution and wrongful termination.
Sunungura "Go-Go" Rusununguko, who was working security for the bar, faced murder and aggravated battery charges. Prosecutors dropped those charges and McComas' after evidence showed Rusununguko's gun hadn't fired the fatal shot that hit Ronnie Croom Jr., 30. Police have made no new arrests.
Indianapolis Metropolitan Police Department spokesman Lt. Jeff Duhamell and Jon Mayes, the city's chief litigation counsel, declined to comment on the lawsuit's allegations.
Beyond a week he spent in jail, the lawsuit says, the episode cost McComas his career and damaged his reputation. That much has become evident as he has looked for jobs in law enforcement and investigation, McComas said in an interview Thursday.
"Why would they hire somebody who's went through what I went through?" said McComas, 34, who was an officer for six years. "I don't know how you repair the things they did."
Durty Nelly's closed after the incident. McComas' father-in-law owned the bar at 2805 N. Franklin Road, and his wife was the manager. At the time, McComas was on sick leave from IMPD, and the department was investigating his links to the bar.
His suit cites police statements to the media that security video showed McComas holding a gun later used by Rusununguko. The object turned out to be a Taser.
Yet McComas was arrested, the suit says, despite homicide Detective Ed Brickley telling McComas' wife days earlier that the video had convinced him McComas had no involvement.
While in jail, the lawsuit says, McComas resigned under duress when then-Assistant Chief Clifford Myers and then-Deputy Chief Patricia Holman handed him a pretyped resignation letter.
"It's pretty clear that his supervisors did not like him and wanted to get rid of him," said Jeffrey McQuary, McComas' attorney. "There are procedures to get rid of him. Those procedures don't include falsely arresting him for murder."
The lawsuit, filed in U.S. District Court in Indianapolis, names the city, Brickley, Myers and Holman as defendants.
Earlier this year, Croom's family sued McComas and Durty Nelly's owners. Two suits by other shooting victims also are pending against the former bar's owners.
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Former officer was arrested in killing, then case was dropped; malicious prosecution alleged
By Jon Murray
Posted: December 18, 2009.Comments(2)RecommendE-mailPrintShare.A
A ..
A former Indianapolis police officer has sued the city over his arrest in the fallout of a 2008 New Year's Day killing outside his family's bar.
Gunfire erupted in the early morning hours at Durty Nelly's Eatery & Pub. Shots killed a security officer for an event promoter and injured four others.
Police initially publicized officer Shannon W. McComas' arrest on a preliminary murder charge, but later he was formally charged only with assisting a criminal. Prosecutors eventually dismissed the case.
McComas' lawsuit, filed Wednesday, seeks unspecified compensatory and punitive damages on claims of false arrest, malicious prosecution and wrongful termination.
Sunungura "Go-Go" Rusununguko, who was working security for the bar, faced murder and aggravated battery charges. Prosecutors dropped those charges and McComas' after evidence showed Rusununguko's gun hadn't fired the fatal shot that hit Ronnie Croom Jr., 30. Police have made no new arrests.
Indianapolis Metropolitan Police Department spokesman Lt. Jeff Duhamell and Jon Mayes, the city's chief litigation counsel, declined to comment on the lawsuit's allegations.
Beyond a week he spent in jail, the lawsuit says, the episode cost McComas his career and damaged his reputation. That much has become evident as he has looked for jobs in law enforcement and investigation, McComas said in an interview Thursday.
"Why would they hire somebody who's went through what I went through?" said McComas, 34, who was an officer for six years. "I don't know how you repair the things they did."
Durty Nelly's closed after the incident. McComas' father-in-law owned the bar at 2805 N. Franklin Road, and his wife was the manager. At the time, McComas was on sick leave from IMPD, and the department was investigating his links to the bar.
His suit cites police statements to the media that security video showed McComas holding a gun later used by Rusununguko. The object turned out to be a Taser.
Yet McComas was arrested, the suit says, despite homicide Detective Ed Brickley telling McComas' wife days earlier that the video had convinced him McComas had no involvement.
While in jail, the lawsuit says, McComas resigned under duress when then-Assistant Chief Clifford Myers and then-Deputy Chief Patricia Holman handed him a pretyped resignation letter.
"It's pretty clear that his supervisors did not like him and wanted to get rid of him," said Jeffrey McQuary, McComas' attorney. "There are procedures to get rid of him. Those procedures don't include falsely arresting him for murder."
The lawsuit, filed in U.S. District Court in Indianapolis, names the city, Brickley, Myers and Holman as defendants.
Earlier this year, Croom's family sued McComas and Durty Nelly's owners. Two suits by other shooting victims also are pending against the former bar's owners.
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Wednesday, December 16, 2009
Good Officer Back!!!
This is a blog I am posting my self because there is no media on it. Officer Andrew Dodds was back to work today after all charges against him were dropped. Again it looks like IMPD brass jumped the gun on a a good officer..It appears that he was a good dad and worked hard at being a good police officer for this city. To bad the chief who is so quick to burn his own officers didn't realize this 10 months ago...Instead spears chose to have his own officer arrested for a crime that has been cleared. I believe that Dodds will benefit this city way more than Spears or any other in the top brass has..if you disagree...please let me know...Welcome Back Andrew Dodds!!!
Tuesday, December 15, 2009
Is anyone honest around here
A city employee faces charges for using his job to steal cars and make money. Code enforcement officer Chad Frye was arrested and fired Monday morning when he showed up for work.
It was part of Frye's job to check on abandoned vehicles. Police say when he'd get a call to check on one, he'd show up, and report the vehicle gone. Then he'd call a friend to tow it and cash in when the vehicle was scrapped for metal.
Emily Mack with Code enforcement says the scheme worked until a woman called about her car.
"In this particular case we had no record of this vehicle being towed. In our data management system it said the vehicle was gone on arrival. When in fact the citizen was very adamant that the inspector had her vehicle towed," Mack said.
Code enforcement got the call about the missing car in mid-November. The office thought it was suspicious and called police. Undercover officers followed Frye to find out exactly what was going on. They say the vehicles were taken to a scrap yard on South Tibbs Avenue and Frye was getting some of the money for the metal scrap. So far officials have discovered nine to 10 vehicles involved.
Frye is facing charges for theft, official misconduct and corrupt business influence.
Lt. Jeff Duhamell with IMPD says Frye was pocketing between $20 and $50 per vehicle.
"It appears in the case maybe he was becoming more brazen in his actions and thought he was going to get away with it. And he wasn't. And we knew about it so we let a few of those incidence and followed up on to strengthen our case," Lt. Duhamell said.
Lt. Duhamell says the investigation is ongoing, "He violated that trust and the mayor's not going to tolerate that kind of behavior and he was immediately fired."
Mack says the checks and balances of code enforcement allowed them to see exactly what was going on pretty quickly. She says this type of behavior is very unusual for her office, "Possessing integrity is an absolute requirement."
Frye joined code enforcement in April 2009. He had previously worked for the city in other offices, as well.
It was part of Frye's job to check on abandoned vehicles. Police say when he'd get a call to check on one, he'd show up, and report the vehicle gone. Then he'd call a friend to tow it and cash in when the vehicle was scrapped for metal.
Emily Mack with Code enforcement says the scheme worked until a woman called about her car.
"In this particular case we had no record of this vehicle being towed. In our data management system it said the vehicle was gone on arrival. When in fact the citizen was very adamant that the inspector had her vehicle towed," Mack said.
Code enforcement got the call about the missing car in mid-November. The office thought it was suspicious and called police. Undercover officers followed Frye to find out exactly what was going on. They say the vehicles were taken to a scrap yard on South Tibbs Avenue and Frye was getting some of the money for the metal scrap. So far officials have discovered nine to 10 vehicles involved.
Frye is facing charges for theft, official misconduct and corrupt business influence.
Lt. Jeff Duhamell with IMPD says Frye was pocketing between $20 and $50 per vehicle.
"It appears in the case maybe he was becoming more brazen in his actions and thought he was going to get away with it. And he wasn't. And we knew about it so we let a few of those incidence and followed up on to strengthen our case," Lt. Duhamell said.
Lt. Duhamell says the investigation is ongoing, "He violated that trust and the mayor's not going to tolerate that kind of behavior and he was immediately fired."
Mack says the checks and balances of code enforcement allowed them to see exactly what was going on pretty quickly. She says this type of behavior is very unusual for her office, "Possessing integrity is an absolute requirement."
Frye joined code enforcement in April 2009. He had previously worked for the city in other offices, as well.
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