Pubdate: Tue, 01 May 2012
Source: National Post (Canada)
Copyright: 2012 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Megan O'Toole

NOTES NOT FAKED, OFFICER TELLS COURT

Judge orders jury to acquit police officers on five of 14
counts.

A significant chunk of the Crown's case against five former Toronto
Police drug squad officers fell away Monday as a Superior Court judge
ordered the jury to acquit them on five of 14 counts.

The judge's ruling came on the same day John Schertzer, the former
leader of Team Three of the central field command drug squad, took the
stand to defend himself publicly for the first time.

Along with four of his former colleagues from Team Three - Steven
Correia, Nebojsa Maodus, Joseph Miched and Raymond Pollard - Mr.
Schertzer stands accused of a wide-ranging conspiracy that involved
beating and robbing drug dealers in the late 1990s. The Crown has
charged all five men with conspiring to attempt to obstruct justice by
falsifying police records or giving false testimony, while several are
further charged with theft, extortion and assault.

As the defence case opened Monday, Justice Gladys Pardu instructed the
jury to find the accused not guilty on five counts related to two of
the five investigations that the court began probing in January.

"What then remains of this prosecution?" defence lawyer John Rosen, a
celebrated defender of accused murderers, asked in his opening address
to the jury. Mr. Rosen suggested the case was now reduced to a few
"simple questions" on whether certain incidents actually happened as
the witnesses claimed.

"In the end, [Mr. Schertzer's] evidence will confirm the innocence of
himself and these other four men," Mr. Rosen asserted before calling
his client to the stand.

The counts on which Judge Pardu ordered acquittals involve the cases
of cocaine dealer Larry Vacon, who said police searched his apartment
illegally and stole more than $1,000 in cash, only to backtrack on the
stand; and heroin dealer Kai Sum Yeung, who said police robbed him of
more than $1,500 in cash.

The remaining three cases involve marijuana dealer Christopher
Quigley, who said the drug squad subjected him to a "violent
shakedown"; cocaine dealer Aida Fagundo, who said police assaulted her
and stole $10,000 in cash and a $20,000 pair of diamond earrings; and
Ho Bing Pang, whose residence was allegedly subjected to an illegal
search.

In his remarks to the jury, Mr. Rosen invoked the words of former U.S.
president Richard Nixon that drug abuse was "public enemy No. 1."

"These five men, whom you have been selected to judge, were mere foot
soldiers in the war on drugs," Mr. Rosen said.

He began his examination of Mr. Schertzer with a rapidfire series of
questions, asking his client to state whether he had assaulted or
robbed Mr. Quigley, entered the Pang residence without a warrant,
stole money from Mr. Yeung and Ms. Fagundo, or conspired to fabricate
notes to hide the various offences.

"No sir," Mr. Schertzer, dressed in a crisp suit, answered to each
question in turn.

Mr. Schertzer, 54, retired from the Toronto force and now owner of a
restaurant in downtown Toronto, spent much of the day explaining drug
squad procedures for taking notes and dealing with confidential informants.

He also answered questions about the Fagundo case, which dates back to
the fall of 1997. A lower-level drug dealer, Andy Ioakim, alleges that
police stole drugs and money from his home, then coerced him into
setting up a massive cocaine deal with Ms. Fagundo. Mr. Schertzer told
a different story Monday, saying Mr. Ioakim offered up Ms. Fagundo in
a bid for leniency after officers arrested him for possession.

"He didn' t want to be charged. He didn't want to go to court," Mr.
Schertzer testified, noting all the drugs seized from Mr. Ioakim were
duly reported.

"Did you take any money out of that property?" Mr. Rosen
asked.

"No sir," Mr. Schertzer replied.

His testimony continues Tuesday.
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