Pubdate: Sun, 11 Apr 2010 Source: Courier-Post (Cherry Hill, NJ) Copyright: 2010 Courier-Post Contact: http://www.courierpostonline.com/ Details: http://www.mapinc.org/media/826 Author: George Mast LAW AND DISORDER: PROBE CASTS DARK CLOUD OVER CITY For nine months last year, Ron Mills was locked in the Camden County Jail. For nine months he held firm to his story that the drugs he was charged with possessing didn't exist. Last month Mills' story was validated when a former Camden police officer admitted in federal court that for more than two years he and four other officers arrested suspects with planted drugs, carried out illegal searches and wrote false arrest reports. Mills' story, which was detailed by former Patrolman Kevin Parry in court, is now being laid out in one of a growing number of lawsuits planned against the city. As of Friday, lawsuits, or notice of future lawsuits, have been filed against the city in 10 cases, according to city attorney Howard McCoach. "We're gong to be looking at each of these and determining how to proceed," he said. McCoach said city officials are discussing the pending lawsuits with Camden's insurance providers. The city is responsible for all payouts up to $300,000 -- anything above that is covered by Meadowbrook Insurance Group. While opinions differ on the extent of the liability Camden faces in the still unfolding police scandal, most agree it's unlikely the city will escape without settlements in some of the cases. And local attorneys say they expect the number of lawsuits filed will increase as more of the 182 people look for vindication after 185 drug charges were recently dismissed in light of an FBI probe into the five Camden officers. In announcing the case dismissals for the first time last month, Camden County Prosecutor Warren Faulk described their extent as "unprecedented in the state of New Jersey." Cherry Hill attorney Michael Pinsky said in his 46 years as an attorney he has "never seen mass dismissals like this." But the corruption in Camden isn't completely unique, as rogue officers from Philadelphia to Los Angeles have caused thousands of cases to be dismissed. In the mid-1990s, a police scandal in Philadelphia's 39th District led to at least eight officers pleading guilty to corruption charges. Hundreds of criminal cases were thrown out by judges and lawsuits against the city tallied at least $4 million in settlements, according to media reports. Around 2000, a similar scandal was exposed within a gang unit at the Los Angeles Police Department. About 100 cases were overturned as part of that investigation and the city was forced to pay tens of millions to victims, according to media reports. "I would be hard pressed to figure out a way they are going to dodge that bullet," said Robert White, one attorney who is planning to sue the city on behalf of his now-cleared client. "The city is not going to be getting away from this scot-free." Guilty plea On March 19, former Camden Patrolman Kevin Parry detailed in U.S. District Court in Camden that between May 2007 and October 2009 he and the four former city officers arrested suspects with planted drugs and threatened others with arrest if they didn't give over information. In other instances, Parry said he and the other officers, who weren't named in court, conducted illegal searches, stole drugs and money during searches and arrests, paid prostitutes for information with drugs, prepared false police reports and lied in court to hide their crimes. Three of the other officers, who an attorney for the Camden police union has identified as Jason Stetser, Antonio Figueroa and Robert Bayard, were suspended along with Parry in November but have not been charged. Authorities have not released the name of a fifth officer apart from the investigation, but Camden Police Chief Scott Thomson has confirmed all of the officers involved are not currently on the force. For some area attorneys, Parry's plea, which detailed a half-dozen specific incidents where he and some of the other officers framed suspects and carried out illegal arrests, is validation their clients were wronged. "Once you have a conviction for corruption it certainly helps to establish the basis of the claim," said David Rudovsky, a law professor at the University of Pennsylvania. While Rudovsky said Parry's plea lends more credibility to any lawsuit that is filed, he said the cases that were specifically named in court appear to be the most foolproof. One of those cases is that of Antwyan Rolax, a Camden man arrested Dec. 27, 2009, in his home by Parry and another officer. Rolax was charged with drug possession and spent 10 months in the Camden County Jail before being sentenced to prison. However, according to court records, Parry didn't have a warrant to search Rolax's home. Now, Rolax's attorney Len Baker is drafting a lawsuit. "There is some substantial civil liability on the part of the city," Baker said. "Antwyan spent 20 months in prison for a crime he didn't commit." In January 2009 when Parry and three of the other officers searched the Camden home Mills was in, the officers said Mills threw away drugs as he ran from the home. However, in court last month, Parry acknowledged neither the discarding of drugs nor the flight actually occurred. Aside from that, the officers didn't have a warrant to search the home. Mills' attorney Ken Aita said the admission gives the lawsuit he is drafting a "ton of credit." And Aita believes the lack of credibility Parry now has lends strength to suits he is planning to file on behalf of two other clients as well. "I think that the city is going to have some major issues here," Aita said of the pending litigation. "They are really going to have to do something for damage control." Aita said he suspects the city will try to argue the blame rests on the officers themselves and can't be leveled up the chain of command or at the department as a whole. But Aita said he doesn't think the tactic will be successful. "You are looking at clear liability on the side of the city," he said. While noting the city's liability will ultimately be decided by the court, Thomson, the city's police chief, said the officers in question "operated on their own accord in direct violation of not only criminal law, but in diametric opposition to departmental procedures." "Once we suspected their afoul activity, we aggressively took the issue head-on," Thomson said. Attorney White said he believes Parry's plea gives all future suits a more credible basis. "It cracks the whole thing open," said White, who is filing a lawsuit on behalf of Paul Gibson. White said Gibson was in the "wrong place at the wrong time" in April 2007 when Stetser arrested him for cocaine possession. The 73 baggies of cocaine Gibson spent seven months in jail for possessing before being sentenced to five years probation were planted, White said. Since Parry has already admitted the officers planted drugs on up to 50 people, attorney Linda Campbell said there is no reason to believe the facts are any different in the case of her client Frank Shaw. Shaw was arrested by Stetser and Parry in the pre-dawn hours on March 27, 2008, according to a lawsuit Campbell filed in federal court last month against the officers and the city. According to the lawsuit, Stetser and Parry claim to have seen Shaw involved in a hand-to-hand drug transaction. However, Campbell alleges in the lawsuit that the drugs were planted and the search the pair did on Shaw's Thurman Street home was illegal. "I don't know how you could say in my case (the officers) were telling the truth but not in any other," she said. Not all a "slam dunk' While there is the potential for litigation in each of the 185 cases that have been dropped, experts say a payout in each instance would be unlikely and not guaranteed. In dismissing the cases, Faulk said his office dismissed all cases "closely associated" with at least one of the five officers. Faulk said the dismissals do not imply evidence was fabricated in all of the cases or that none of the defendants might have in fact been guilty. Rudovsky said this places burden on the attorneys to make allegations their clients were in fact innocent. "Each individual would have to prove (their arrest) was illegal in their case and that it caused them harm," Rudovsky said. "It's not a slam dunk that they could all sue," echoed Moorestown attorney William Buckman. Buckman said guilty pleas entered by some of the defendants could be another obstacle to overcome in filing a civil suit. However, Campbell said she doesn't see the fact that her client, Shaw, pleaded guilty to a reduced number of drug possession charges as a problem. Campbell said defendants often accept plea agreements because they feel there is no way to prove their innocence and they know if they go to trial they are likely to get a stiffer sentence. "People take pleas because they know the jury is probably not going to believe them," she said. "No one is going to believe that officers would deliberately lie." Another factor that could come into play if the cases go to a trial is the defendants' criminal histories, Pinsky said. Jurors may be unwilling to hand out large settlements to a person who has already been convicted of other crimes before, he said. "The question is what would a jury give a person who has a bad criminal record," asked Pinsky. "It's not like you have your next door neighbor up there who was in the Rotary Club." Price tag When it comes to putting a price on the corruption, attorneys here say they aren't exactly sure what to expect. Attorneys also haven't disclosed exactly what they are seeking in damages. Baker said if he were in the shoes of his client, who was jailed for 20 months after his illegal arrest, that even $5,000 for each day he was in prison -- roughly $3 million -- wouldn't be enough to make up for the injustice. Deborah Jacobs, executive director of the American Civil Liberties Union of New Jersey, said it is hard to put a price tag on the cost of placing an innocent person in jail. "It's a tragedy," Jacobs said. "It has got so, so many negatives. One is the time you actually lost. Another is the emotional impact and suffering for the way that time was spent. It's not like (the defendants) were on a desert island -- (they were) in prison." McCoach, the city's attorney, declined to comment on whether the city would try to broker a settlement outside of court. If the payouts are expected to be above $350,000, McCoach said the city's insurance provider, which pays for settlements above that amount, will have a large say in how the matter is handled. Aita said the city could face increased costs if they allow the lawsuits to slowly wind their way through the court system as attorney fees for the complainant are typically included in a judgment. Aita and others said they also expect the number of lawsuits filed against the city to continue to grow. The state's Public Defender's Office is still working to notify some of the people that their cases have been dismissed. Yvonne Smith Segars, the state's head public defender, said her office represented a majority of the defendants and is now tasked with tracking down the transient population. The American Civil Liberties Union of New Jersey is also reaching out into Camden. The civil rights advocacy group is holding a seminar on civil rights at 6 p.m. Thursday at Mount Calvary Missionary Baptist Church on Penn Street. Jacobs said the group would like to talk with people affected by the police scandal to see if they can be of assistance. While there is a state statute for wrongful imprisonment that sets a payout cap of $20,000 for each year of imprisonment or twice the salary of the claimant, Buckman said few attorneys file lawsuits under the statute because of its limitations. Lawsuits filed under other statutes in state and federal court aren't limited by the same cap and are difficult to predict, Buckman said. "The recoveries have been various," he said of similar suits. "It's not as if there has been one set standard." Jacobs said it will be hard for any settlement to truly give justice to an innocent person who was arrested and imprisoned. "I don't think you can underestimate the damage done to somebody by false imprisonment," she said. "It's terrible. Outside of bodily harm, it's one of the worst things that could ever happen to you." - --- MAP posted-by: Jo-D