Hamilton cop beating ‘coverup’ needs answers says judge

Lets step into our way back machine and travel back in time, not to some backwards country where cops without cause make bogus arrests or beat the crap out you. No we are staying here in democratic Hamilton and traveling just a little while ago.

Flashback, early the morning of Aug. 15, 2003, Mann and fellow officer Christian Beaulne responded to a call that a short white man wearing light-coloured sneakers was breaking into a John Street South jewellery store.
Around the same time, Dixon had gotten off a GO bus and began walking. The two officers ended up arresting Dixon at gunpoint in a parking lot along Hunter Street. He spent three days in jail and waited nine months before the Crown withdrew the charges.

Under cross-examination, Mann rejected Zbogar’s suggestion that he concocted his version of events to support the arrest. Dixon, a black man, claims the officers discriminated against him on the basis of race despite witness descriptions of the robbery suspect.

Superior Court Judge Kim Carpenter-Gunn ordered the police board, along with Mann and Detective Constable Jason Leek, who conducted a formal video interview the night of the arrest, to pay Dixon just under $80,000 to cover his legal bills. Beaulne, who died in 2009 of a medical condition, was exempted from the cost ruling.
Earlier this week, Carpenter-Gunn ruled the police board and the officers had committed false arrest, false imprisonment, negligent investigation and Charter rights of liberty and security of person, and called the officers inept, arrogant, closed-minded, lacking experience and suffering from tunnel vision.
She awarded Dixon $54,000 in damages, including prejudgment interest, which will be paid by Hamilton taxpayers as per Police Services Act rules.

Let's get back to this past year while the rancid taste in our mouths is still fresh, because history is repeating itself.

“Troubling ... inconsistencies ... inability or unwillingness ... strains credulity ... the spectre of a coverup.” So said Ontario Court Justice Paul Currie, in acquitting this week a Hamilton police officer charged with assault causing bodily harm to a refugee from Myanmar during a botched drug raid.

On May 4, 2010, heavily armed members of the Hamilton tactical squad mistakenly burst into the apartment of Po La Hay as he was cooking dinner.

Hay, a 130-pound single father of three, sustained cuts and scrapes to his face, three fractured ribs and a fractured vertebra after police broke down his door, put a handgun to his forehead, handcuffed him and saw to it that “a foot was applied to his left side, his rib area,” according to one of the officers.

It was only afterward that police realized something had gone terribly wrong; They had assaulted an innocent man and invaded the wrong apartment. Moreover, none of the five officers in the kitchen with Hay could positively identify which one “applied” the foot.

“It’s a case about an excessive use of force,” Crown counsel Elliot Behar said during the trial.

That case is over, but now it is about something else. Getting this man and his dignity back and shutting a bunch of useless arrogant sons of b's up. Hamilton Police Chief Glenn De Caire stated after the judge’s comments this week that Hamilton police “are cognizant of both the ruling and the commentary” and “accepts and respects the decision of the court.” The service has already “assessed our practices and procedures for entries during search warrants” and has made changes in the wake of the raid last year.

If De Caire spent more time in training officers in procedural manners instead of taking media training he might have some actual answers. Does the chief not owe it to the citizens of Hamilton and his own department to investigate further the “spectre of a coverup?” Would it not be appropriate to appoint an outside investigator to look into the matter and respond officially for the benefit of both the police force and the community?

"This is a serious matter. Police are trained in observation and recollection, which is why their testimony is given more credence during trials." I love this quote from the Spec, short answer, in the real world this would be the case, but when offers stare directly at a judge and tell them with a straight face they couldn't id their own fellow cops. Pal, don't snow the snowman.

Hay is seeking at least $1.35 million in damages, while his son Say Blut, nephew Pa Nar Noo and daughter Ba Blut are also seeking a combined $1.2 million, according to the statement of claim, which includes allegations not yet proven in court. Hay’s son and nephew were in the apartment when police burst through the door May 4, 2010, and both list “soft tissue injuries” to the chest, neck and spine in the statement of claim.

More than 20 current and former Hamilton police officers are listed as defendants, including members of the tactical squad, Police Chief Glenn De Caire and Detective Constable Ryan Tocher, who was found not guilty of assault causing bodily harm in a criminal proceeding related to the botched raid last week. The Hamilton Police Services Board is also listed as a defendant.

Unfortunately the tax payers will be on the hook for any payout to Hay, and unless De Caire grows a pair and rights this leaky ship and gets rid of the racist, subordinated, stench from his office Hamilton will continue to look unattractive to it's long time residences and anyone wanting to make a new living here. It's time for the blue wall of coverup to be torn down and replaced with a transparent shield of good faith.

Later,
Kenaz

Tides of change hopefully will cleanse the stench off Hamilton Police Services

Hamilton's police services board has taken the unexpected and somewhat surprising step of choosing an external candidate, Toronto police Staff Superintendent Glenn De Caire, to replace retiring police chief Brian Mullan. Some critics are wondering why one of the force's two deputy chiefs weren't promoted, while others say a new face and leadership is a good thing.-from The Hamilton Spectator, November 20,2009

In my opinion there isn't even a debate here the best candidate should fulfill the position ireespective of their current location. I don't think members of the HPS are good enough for a role as chief. They've been shown examples from Mullan that the police can break the law as they see fit. This has resulted in criminals being freed because the police violated constitutional rights. This has also resulted in innocent people losing everything (Michael Dixon) because their constitutional rights were trampled upon by HPS. The HPS have never been unable to deal with street criminals... But as far back as I can remember, they've been absolutely useless in dealing with the criminals in their own police force. Here's to the future, Chief De Caire please do your best to promote justice which is an inherent right given to us by our Constitution, not by the parts your predecessor saw fit to uphold in order to further his own political agenda.

If I may make one suggestion, much in the media has been made of the efforts the Chief has established in the Jane and Finch area of Toronto in trying to curb the gang and drug activity. Hamilton's Bartonville and surrounding area is a 4.3km forgotten area of crack houses, hookers, sleazy junk shops that area politicians and police have ignored, leaving; the few decent property owners and small businesses owners who care about bring decency back to an area that once was the home of some of the fiercest community pride this city has known, to defend for themselves. Please Mr. De Caire take a walking tour of the area and speak to the deli owner's and the working stiff's like myself who are willing too work for minimum wage to keep a modest home over his head and not take the cowards way out and live off our tax dollars. We need more undercover and uniformed beat cops, camera's and more police backed community and business organizations like ones formed on Ottawa and Stinston Streets.

In other positive moves Bernie Morelli is stepping down as chair of the Police Services Board hard on the heels of the board hiring the new chief of police. It seems right to extend that clean slate all the way to the PSB. New chief. New chair. The air hanging over city government already smells sweeter, it isn't ginger and spice but it's sure better than sh**.

Morelli is a passionate police supporter, maybe too so. Many times accusations of conflict of interest have risen because of the "brotherly" relationship between Morelli and Chief Brian Mullan. The PSB is a civilian board that oversees the chief. It sets the budget and the policy. It can also call for internal investigations when there are allegations of police wrongdoing, of which there have been a few during Morelli's iron fisted reign.

The Community Coalition Against Racism, which accused the police of systemic racism, has said Morelli needs to go. Others, citing the fact Morelli's son is a Hamilton cop and his brother was at one time also on the service, have cried conflict of interest and said he needs to go.

Bringing in De Caire a complete outsider is a stroke of genius, I applaud the oracle keepers who showed some insight, while everyone else was counting on passing the torch to another member of the old guard. For better or worse -- it does wipe the slate clean. De Caire has no affiliation with Hamilton. No friends, no enemies. Hopefully the board will see with the same clarity and pass the torch to someone looking to speak up and not sit idle and be dictated to.

Later,
Kenaz