McHenry County sheriff's deputy had sexual contact with the fiancee of a
defendant in a drug case the officer investigated, according to an attorney for
the defendant.
The allegations come against onetime Detective Jason Novak in the case of a
Crystal Lake man who is charged with possession and manufacture or delivery of
narcotics.
In response to a question about the allegations, Sheriff Keith Nygren
confirmed that Novak was suspended for 10 days and transferred from detective
back to patrol, though he did not specify why. Novak could not be reached for
comment.
Court documents filed by the defendant's attorney, Hal Stinespring, gave the
following account:
In March 2011, the defendant's fiancee, whom he lived with, contacted the
McHenry County Sheriff's Department seeking to have unspecified items
confiscated from the home.
Novak, who worked in the narcotics division, told the fiancee that if she
cooperated with the confiscation, no charges would be filed, the defense motion
stated.
At Novak's request, the woman met with him in person at the Sheriff's
Department. After that, using his department-issued cellphone, Novak continued
to contact the woman, sometimes with text messages of a sexual nature, according
to the documents.
On April 28, 2011, McHenry County deputies, including Novak, arrived at the
home, and the fiancee signed a consent form to allow them to search the
residence. She also was coached on what to say in a written statement, while
Novak, whom she called "Slick," questioned her, the defense alleged.
The next day, the woman's fiance was arrested, and as she waited outside jail
for him to be released, the documents stated, Novak initiated an exchange of
nearly 50 text messages, which became increasingly sexual in nature.
At the officer's request, the woman called him on his police-issued phone,
and he gave her directions to his home, the defense alleged. When she arrived
there, hours later, she performed a sex act on him, and some of his semen
remained on the fiancee's dress, the documents stated. After that, Novak
allegedly kept contacting the woman seeking sex.
Stinespring maintained the search and seizure in the case was illegal because
it was obtained by deceiving the fiancee. He requested a copy of the sheriff's
internal investigation of Novak this summer after his client brought it up. He
said the allegations were based on what the fiancee told his client, and that
she was interviewed by sheriff's investigators and gave them the dress.
"I think it's definitely misconduct," Stinespring said.
The woman's fiance was charged with having more than 100 pills of various
prescription drugs, including narcotics like the painkiller oxycodone and the
anti-anxiety drug Xanax, without prescriptions, Assistant State's Attorney
Michael Combs said. The most serious charge is a Class X felony punishable by
six to 30 years in prison.
The defendant also was charged with unlawful possession of a firearm on
allegations he had a 12-gauge Mossberg shotgun. Combs said the defendant was
prohibited from owning a firearm because of a 1992 felony conviction for dealing
cocaine in Kentucky.
Combs, chief of the criminal division, argued against letting the defense see
Novak's personnel file or the results of the internal investigation of the
matter, saying they were irrelevant to the charges against the defendant. Judge
Sharon Prather said she would review the documents in question and scheduled a
ruling for Oct. 18.
While Novak might have violated the sheriff's rules, Combs said he did not
believe a crime was committed because the allegation involved consensual sex
between adults and did not affect how the case was handled.
Tuesday, September 18, 2012
NYPD Officer Sentenced in Manhattan Federal Court for Conspiring to Distribute Firearms and Stolen Goods
Preet Bharara, the United States Attorney for the Southern District of New
York, announced that GARY ORTIZ, a former New York City Police Department (NYPD)
officer, was sentenced today to one year and one day in prison for engaging in a
scheme involving the illegal interstate transport of firearms and stolen goods.
ORTIZ was sentenced in Manhattan federal court by U.S. District Judge Paul G.
Gardephe.Manhattan U.S. Attorney Preet Bharara said: “Justice has been served today against Gary Ortiz, who tarnished his badge, violated the laws he swore to uphold, and betrayed his fellow officers, the NYPD, and the residents of New York City he swore to protect.”
According to the court filings and statements made in court:
From December 2010 to October 2011, ORTIZ, who joined the conspiracy in February 2011, and his co-conspirators, transported firearms and stolen goods, including cigarettes and other merchandise, across state lines. ORTIZ was an active duty NYPD officer at the time he committed the offenses.
ORTIZ helped steal hundreds of cases of cigarettes from trucks parked outside a warehouse and then transported the stolen cigarettes from Virginia to New York. He also participated in a scheme to transport 20 firearms, including three M-16 rifles, one shotgun, and 16 handguns—the majority of which had been defaced to remove or alter the serial number, and all of which had been disabled—from New Jersey to New York. The total street value of the goods ORTIZ helped transport across state lines was approximately $1 million. In total, ORTIZ was paid $18,000 for his role in the schemes.
In addition to the prison term, Judge Gardephe sentenced ORTIZ, 28, of Brooklyn, New York, to two years of supervised release and ordered him to pay a $200 special assessment fee. ORTIZ also has agreed to a money judgment of $18,000 representing his share of the crime proceeds, and has relinquished his interests in guns that were seized from him at the time of his arrest.
ORTIZ was originally charged in a four-count complaint along with 11 co-conspirators, many of whom were fellow NYPD officers. All of the defendants have now pled guilty, except Ali Oklu, an active duty NYPD officer at the time he allegedly committed the offenses. The charges and allegations against Oklu are merely accusations and he is presumed innocent unless and until proven guilty.
A chart containing the status of each defendant is below.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and the Internal Affairs Bureau of the NYPD.
This case is being handled by the Office’s Public Corruption and Complex Frauds Units. Assistant United States Attorney Carrie H. Cohen is in charge of the prosecution
Texas Mayor thinks his town is the new Crook County
David E. Dorman, 66, of Melissa, Texas, has been charged with extortion, while John Christie, 65, of Frisco, Texas, has been charged with misprision of a felony. The men were named in an indictment returned by a federal grand jury on Sep. 12, 2012.
According to the indictment, in 2007, Dorman, then mayor of the city of Melissa, solicited a $70,000 bribe from Christie in exchange for arranging for the city of Melissa to annex a portion of land from the city of McKinney, Texas, in order for Christie to develop and sell the land to potential customers. Based on a letter from Dorman, the cities of Melissa and McKinney approved the annexation and in exchange, Christie made one $10,000 cash payment and two $10,000 payments by check to Dorman.
If convicted, Dorman faces up to 20 years in federal prison. Christie faces up to three years in federal prison for his role in the scheme.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Shamoil T. Shipchandler.
A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Prince George’s County Police Officer Sentenced to More Than Five Years
GREENBELT, MD—U.S. District Judge Peter J. Messitte sentenced former Prince
George’s County Police Officer Chong Chin Kim, age 44, of Odenton, Maryland,
today to five years and a day in prison followed by three years of supervised
release for conspiring to commit extortion in connection with a scheme involving
the transport and distribution of untaxed cigarettes and for possessing a gun to
further a crime of violence. Judge Messitte also entered an order that Kim
forfeit $2,661,240.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Timothy P. Groh of the Federal Bureau of Investigation; and Special Agent in Charge Rick A. Raven of the Internal Revenue Service-Criminal Investigation, Washington, D.C. Field Office.
“Criminal conspiracies are built on lies and deceit; criminals cannot trust criminals,” said Rick A. Raven, Special Agent in Charge, IRS Criminal Investigation, Washington DC Field Office. “Today’s sentencing is another example that crime really does not pay. IRS Criminal Investigation welcomes opportunities to assist the Department of Justice and their law enforcement partners with dismantling criminal conspiracies profiting from contraband.”
According to his plea agreement, Kim had been a Prince George’s Police officer for 16 years. Between July 2009 and January 2010, Kim conspired with Chun “Eddy” Chen, who owned a carry-out store in Maryland; Amir Miljkovic, who owned a business called Prestige Auto Glass in College Park, Maryland; former Prince George’s County police officer Richard Delabrer; and others to transport and distribute untaxed cigarettes and alcohol in Maryland, Virginia and elsewhere. The conspirators paid Kim and Delabrer to protect the safe transport and distribution of the untaxed cigarettes in Maryland and Virginia.
By July 2009, Delabrer and Miljkovic began purchasing contraband cigarettes from an undercover agent in Virginia, then selling them to Kim and Chen. Miljkovic and Delabrer traveled to Virginia to pick up a rented truck loaded by the undercover agent with the cigarettes, and drove the loads to a storage unit in Maryland obtained by Kim. On at least one occasion, Kim helped unload the cigarettes at his storage facility dressed in his official police uniform, armed with his service weapon and driving a marked police vehicle.
The conspirators bought contraband cigarettes at least 33 times from the undercover agent. Kim was involved in all but one of the transactions. Altogether, Kim and his co-conspirators paid the undercover agent $1,770,230 for more than 17 million contraband cigarettes, resulting in a tax loss attributable to Kim of $2,661,240.
Amir Miljkovic, age 40, and “Eddy” Chen, age 36, both of Bowie, Maryland; Amrik Singh Melhi, age 53, of Clarksville, Maryland; and Jose Moreno, age 51, of Alexandria, Virginia, pleaded guilty to their participation in the extortion conspiracy. Miljkovic was sentenced to 30 months in prison and ordered to pay restitution and forfeit $230,580, including $183,799 which was seized from his home at his arrest. Chen was sentenced to 18 months in prison and ordered to pay restitution and forfeit $213,000, including $117,800 which was seized from his home at his arrest. Amrik Melhi was sentenced to 46 months in prison and ordered to forfeit $975,327.32. Moreno was sentenced to 18 months’ probation.
In a related case, former Prince George’s County Police Officer Sinisa Simic, age 27, and Mirza Kunjundzic, age 32, both of Woodbridge, Virginia, were charged with conspiring to commit extortion in a scheme involving the transportation and distribution of untaxed cigarettes, distribution of cocaine and additional firearms charges. Simic pleaded guilty and awaits sentencing. Kunjundzic is scheduled for trial on November 13, 2012.
United States Attorney Rod J. Rosenstein praised the FBI and IRS for their work in these investigations. Mr. Rosenstein thanked Assistant United States Attorneys James A. Crowell IV, A. David Copperthite and Sujit Raman, who prosecuted the cases.
Mr. Rosenstein, Mr. Groh, and Mr. Raven expressed their appreciation to Prince George’s County Police Chief Mark Magaw for the assistance that he and his department provided.
Monday, September 17, 2012
Update on Zimmerman case: Trayvon Martin to go under the public microscope
On Friday, Sept. 14, the Orlando Sentinel stated that in response to the defense seeking Trayvon Martin's social media records and school records, which could show behavioral issues and more about the deceased, that the prosecution will release additional records on the accused next week.The family of the deceased has called the defense's request for personal records as "character assassination" and a "witch hunt," but any criminal defense attorney worth their salt calls it putting on a complete defense for their accused client.
And since George Zimmerman's own life hangs in the balance in a court of law, it seems prudent for the facts to come out about each male's public and private life and records--especially if something in those records could shed better light on the shooting death.
Naturally, an attorney for the Martin family is saying the request for records which may show the Sanford, Florida shooting victim in a negative light is "an attack" on the deceased, as HLN reports.
Yet if nothing derogatory is found on the dead youth, then what harm is there in requesting records that show him as an exemplary young man without any known gang ties or issues about conduct unbecoming?Wednesday, Sept. 19 appears to be the date the public will get that answer, with the state slated to release their last batch of evidence regarding the shooting that took the life of the youth on school suspension, and the defense finally obtaining all the data from schools sought 10 days earlier.
And while it is generally the case that school records are not released to the public at large, this is also a nationally headline-generating case with racial repercussions that appear to dictate deviating from the norm in order to keep the public better informed about the facts.
George Zimmerman will be tried in a court of law where facts and evidence will either support an acquittal or prove guilt beyond a reasonable doubt. But he is being tried in the court of public opinion now. And a federal air marshal, who happens to be a friend of the accused, said on the Dr. Phil TV show that some character facts need to be repeated now, the Kansas City Star reports.
Friday, Sept. 14, 10:13 a.m. EDT: Trayvon's dad: He saved my life: "I think the most heart-wrenching part is knowing that he saved my life and on that fatal day I wasn't there to save his life," Tracy Martin said in a Dr. Phil show interview this week, describing the time his 9-year-old son dragged him from the house to save him from a fire.
Thursday, Sept. 13, 10:45 a.m. EDT: In an episode set to air nationally on Friday, Dr. Phil McGraw offers counseling to Tracy Martin and Sybrina Fulton, the Orlando Sentinel reports. In a statement, McGraw said of the parents of the slain teen, "They're left with the questions about what should they or could they have done to prevent this. They're trying to make sense out of this tragic loss, and they're lost."
Wednesday, Sept. 12, 11:05 a.m. EDT: Zimmerman's friend writes book to defend "most hated man in America": Mark Osterman, 44, the friend George Zimmerman's wife, Shellie, first called for help on Feb. 26, when her husband shot unarmed teenager Trayvon Martin, has written a book about his "heartbroken and devastated" friend, the Miami Herald reports.
Sept. 11, 9:13 a.m. EDT: Zimmerman lawyers accused of "witch hunt": After last week's announcement by George Zimmerman's defense team that they had subpoenaed Florida teen Trayvon Martin's entire school file from the Miami-Dade public school district -- including test scores, any disciplinary actions and attendance records-- Trayvon's attorney Ben Crump told Reuters, "I think certainly it is a witch hunt to try to find something to attack the character of a dead child, and it's completely irrelevant because his school records had nothing to do with him [George Zimmerman] shooting Trayvon Martin in the heart on February 26."
Obama is trying to stop orginizations from hearing the truth
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Chicago homicide hits as the worst city in the world
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