Both of these are from New York State. Which, you would think didn’t operate on Third World judicial standards. Alas, you’d be wrong.
First, from Suffolk County.
Quogue Woman Receives Verdict Of $1.112 Million For In Case Against Suffolk County Sheriff
Dec. 12, 2014 – HEMPSTEAD, N.Y. — Frederick K. Brewington of the Law Offices of Frederick K. Brewington (http://www.brewingtonlaw.com/) has announced that on December 11, 2014, his client, Nancy Genovese, was awarded a $1.112 million jury verdict for pain and suffering after being falsely and maliciously prosecuted by a Suffolk County Sheriff. The jury found that Ms. Genovese experienced humiliation and physical abuse during her detention and incarceration and that the actions taken against her violated her Constitutional Rights.
Mrs. Genovese, who was 58 at the time of her arrest in 2009, was arrested for “Criminal Trespass” and held for several days before being able to post bail. What was she arrested for? Taking a picture of a helicopter. Not a flying helicopter, but a decommissioned helicopter that was on display outside an airport that also houses an Air National Guard base. No, she wasn’t on the base without permission. She was outside the base on a public roadway. Criminal Trespass is a Class B misdemeanor, a pretty minor infraction. So, what was her bail? $50,000.00. For trespass.
From July 30, 2009 to August 3, 2009, Ms. Genovese was incarcerated at Suffolk County Jail. During that time, she was subjected to humiliation, strip search, verbal and physical abuse and denial to legal counsel and access to medical care for a leg injury which became seriously infected. She was also placed under suicide watch. Deputy Sheriff Carlock and Suffolk County Undersheriff Joseph T. Caracappa worked on a press release which was riddled with false claims, including claiming Ms. Genovese wandered around near the ANG base and that she had been told not to return on prior occasions, which led to Ms. Genovese being labeled a terrorist and other false names in the press and on the Internet. On August 3, 2009, she was released after making $50,000 bond. After going to Court numerous times, the charges were formally dismissed on November 17, 2009.
These are not wild eyed accusations from some ultra right wing or ultra left wing website. These were the findings of the a jury in open trial. And of course the charges were dismissed, there wasn’t even a trial. No doubt they would have been dismissed earlier if she had agreed to sign a waiver and promise not to sue. Good for her for refusing.
On July 29, 2010, Ms. Genovese filed a Federal lawsuit and, on December 11, 2014, after an eight-day trial, a jury from the U.S. District Court, Eastern District of New York ruled in favor of Ms. Genovese, awarding her $1,112,000 in compensatory damages. The jury was hung on punitive damages and another trial on those damages will be held in the future.
I think that there probably won’t be another trial, but there will be a settlement. What there should also be are some firings for the deputies involved. One of whom, a lieutenant, retired a couple of years after this all happened. Not that that should protect him from liability.
I wonder where Al Sharpton was while this was going on?
That’s what is called a rhetorical question, we know the answer.
Not to be left out, here is one from Nassua County,
Seaford gun shop owner gets $1.3M judgment from Nassau in wrongful arrest case
A Seaford gun shop owner who said Nassau County police wrongfully arrested him in 2007 is expected to receive more than $1 million from the county — a fraction of what a federal jury had initially awarded him two years ago.
The county legislature’s Rules Committee Monday will consider borrowing $1.3 million to pay Martin Tretola and his business, T&T Gunnery, to satisfy the judgment against…
Keep that last part about borrowing money to pay the judgement in mind.
Tretola filed suit in 2008, alleging that his arrest on a reckless endangerment charge was based on false information that he was operating a makeshift gun range near a natural gas line. The suit claimed that police didn’t bother to confirm the gas line had been disconnected for decades, and that the so-called “range” was really a bullet trap, a device to safely absorb bullets for testing.
That would be fact checking 101, folks. The gas line that was in danger of exploding hadn’t been used in DECADES.
A U.S. District Court jury in 2012 awarded Tretola $5 million in damages, but a judge reduced it to $1.3 million following an appeal by Nassau. The county sought to throw out the entire judgment. “It was important to appeal because while the jury believed compensation for the plaintiff was proper, the amount was too high and not consistent with the facts presented at trial,” county attorney Carnell Foskey said in a statement. “As a result of this decision, Nassau County taxpayers saved $3.8 million.”
Only a lawyer could make a straight faced statement that the taxpayers having to pay out over a million dollars for police misconduct was a “savings”. If the cops hadn’t broken the law in the first place, the taxpayers could have saved a lot more.
What started this case?
Apparently refusing to do a “favor” for a police officer, especially one that might be illegal, is a crime in Nassau Country. I wonder if Officer Faltings is still employed by the NCPD? I’d guess so, since the count and the police didn’t think he did anything wrong. Maybe the taxpayers will have a different position on that. Were I one, I’d be asking a lot of pointed questions.
Oh, the police aren’t done with Tretola and he’s not done with them. He was arrested in 2001 for selling “illegal” (in New York) “assault weapons”. Said charge being dismissed because the weapons were legal under New York law. Tretola has a separate law suit against the county over that arrest as well.
I’m generally a supporter of the police and the vast majority of officers do their jobs professionally and legally. These officers on Long Island are not helping the rest of the police who don’t act like police in some banana republic. Which is pretty clearly what happened in both of these cases.