Pubdate: Thu, 30 May 2002
Source: Denver Rocky Mountain News (CO)
Copyright: 2002, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371

OFFICER SUED FOR ALLEGEDLY FALSIFYING EVIDENCE

DENVER- A Colorado Springs police officer whose questionable behavior led 
to a $35,000 lawsuit settlement last summer is being sued for allegedly 
lying in a police report on a suspected drug dealer.

In a lawsuit filed in U.S. District Court last week, Roman Janowiak claims 
Dale Huston violated his civil rights by falsifying evidence as a prelude 
to Janowiak's arrest on suspicion of selling pot.

Janowiak, 27, pleaded guilty to marijuana possession in November 2000. That 
conviction followed a May 25, 2000, arrest by Huston.

Huston reportedly grew suspicious of Janowiak after the officer spotted the 
suspect parked for an excessively long time in a lot.

The officer said he spoke to a third party who claimed Janowiak tried to 
sell the man marijuana. The lawsuit alleges there was no third party.

"The defendant (Huston) completely fabricated the report of there being a 
person who stated (Janowiak) offered to sell marijuana," the lawsuit 
stated. "There was no such person whom the District Attorney's officer was 
able to identify."

Huston stopped Janowiak's car for a traffic violation but Janowiak said 
Huston lied about the violation to execute a stop.

A search of the car turned up some drugs.

Janowiak's claims are similar to accusations in another drug case that 
forced the city to pay $35,000 to a man Huston investigated in 2000.

The city of Colorado Springs reached a compromise settlement with Charles 
H. Gibbs last summer after Gibbs accused Huston of lying on a search 
warrant affidavit that justified a police raid on Gibbs' home.

Colorado Springs police spokesman Lt. Skip Arms said Huston remains on duty 
as a patrolman.

"We will have to let this run its course through the system," Arms said. 
"These are just accusations, and there will be no change in his (Huston's) 
status unless something is proven."

Huston has spent more than 14 years in law enforcement.
- ---
MAP posted-by: Jay Bergstrom