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East Bay | Police State and Prisons

OPD has hired back all 11 fired cops who lied on affidavits
by sick with it
Friday Sep 17th, 2010 5:19 PM
OPD cop "(Burke's) failure to proofread his warrant before submitting it to the court hardly rises to the level of deliberate, intentional and willful reception," Burke's attorneys wrote. Sure, filing affidavits that are incorrect and not "proofread" to seek illegal search warrants is okey-dokey. It's the accident defense all over again, this time no one died, just a bunch of people end up in jail. Ooops.

And what exactly happened to the FBI inquiry related to this? Was the announcement of of FBI involvement just for show?

Little wonder that after OPD's continued 8-year non-compliance with the Negotiated Settlement Agreement that resulted from the infamous “Riders” Class Action law suit, Judge Thelton Henderson on September 16th warned the City of Oakland and its Police Department that he expected 'real change' not 'surface change' and that it must be sustainable.
Oakland cop accused of lying regains job

Henry K. Lee, Chronicle Staff Writer

(09-17) 15:28 PDT OAKLAND -- One of four Oakland police officers fired for allegedly falsifying search warrants has won his job back through arbitration, his attorney said today.

Officer William Burke, an eight-year veteran, was fired by the city last year after officials said that he had lied on affidavits for search warrants in drug cases and lied to internal affairs investigators.

But arbitrator John Wormuth concluded that Burke had followed proper procedures and never intentionally lied to internal affairs.

Terry Bowman, Burke's attorney, said, "Billy Burke was thrilled that the arbitrator recognized that there was no justification for his termination. He feels vindicated and is thrilled to be back at work."

Three other officers, John Kelly, Francisco Martinez and Karla Rush, were also fired by the city last year. A hearing officer recommended last year that seven other officers who had been facing possible firing be allowed to keep their jobs.

Police officials have declined to comment on the matter, saying state law bars police from discussing personnel matters. [See California Police Bill of Rights summary.]

The officers told judges that substances seized from drug suspects had been identified by the police crime lab as narcotics when, in fact, they had not, city officials said. Those false statements were used to persuade judges to issue warrants that police relied on to gather more evidence.

But Burke said he relied on a commonly used search-warrant template and failed to delete a reference in it, making it appear as if he had already received lab results.

"(Burke's) failure to proofread his warrant before submitting it to the court hardly rises to the level of deliberate, intentional and willful reception," Burke's attorneys wrote.

Comments  (Hide Comments)

by La Amargada
Saturday Sep 18th, 2010 5:57 PM
Officers telling judges "that substances seized from drug suspects had been identified by the police crime lab as narcotics when, in fact, they had not" hardly sounds like inadvertence, or a mere failure to proof-read!
by roknich
Saturday Sep 18th, 2010 11:46 PM
Today more than ever, cops are likely to sneer at you and threaten you if you insist on your rights as a citizen.

They certainly know how to play the "rights" card when it protects them, now don't they?

They deserve the same treatment they dish out, but that wouldn't be "justice", at least not the kind we've become used to in Amerika.

We need citizen run police boards. They serve the public: nothing they do warrants a viel of secrecy.