Let's talk Court

Today in Court one of the Berry brothers was arguing with a prosecutor... He asked the prosecutor to have the officer subpoenaed, and the prosecutor told him "That is your problem...", to which Mr. Berry promptly replied "Ok, lets have a hearing without your officer to testify..."

Not being involved in the case I just sat back and laughed and thought 'oh the tangled webs that have been woven' in the "new" court subpeona system... I give it six months to a year before it is again OVERHAULED...

In another court conferance room a detective was speaking with a prosecutor and trying to be quiet about a defandant working off the charges, when she demanded loudly what he wanted... Initially he looked shocked, then he said, "If you want to get this guy killed, that is on you"... Again I laughed. She then became angry and began to try and lecture the officer who promptly told her where she could place her law degree... I realized oh crap, no she is mad, and "we" are all screwed. But after getting over an hour and half of OT on a case that could have been easily settled I again smiled... I see long days at court ahead and lots of overtime in my future.

Don't get me wrong, I don't want to be there, but if they want this system, then they pay for this system.

Paul,

Another well written article. You are my favorite roving reporter!!!

TS

Great article..my question is, what's the fop going to do about this blatant contract violation? I received my generic 48 hour notice..."regarding court appearances in 2007"...no dates, case numbers, or anything...how the f**k am I supposed to defend myself against allegations of misconduct without specifics? The irony is I go to court almost every freakin day, and am now losing several hundred dollars a pay because of the subpoena policy.....

When is J-town hiring again?

Paul, Great Article!!! Tom S

Is this the second or third time the "court system " has been revised? Maybe they should get the input of police who go to court, instead of the housecats who haven'nt been to court in the last 20yrs ,if ever.

THE SYSTEM IS FLAWED? DURING INSERVICE LAST MONTH I WAS CALLED 3 TIMES OUT OF A 5 DAY WEEK ON CASES THAT I HAD PUT CONTINUANCES IN ON FOR THE INSERVICE CLASS. HOW DOES THAT LOOK? LOOKS LIKE I DIDN'T GO TO COURT. WHAT ABOUT 4 MONTHS DOWN THE LINE WHEN I GET A NASTY GRAM ASKING WHERE I WAS? OR I LIKE THIS WHAT ABOUT WHEN I GOT BACK FROM INSERVICE AND THERE WAS A SUPEONA WAITING FOR ME THAT HAD EXPIRED? DO THE POWERS TO BE KNOW THIS OR IS IT MY FAULT AS WELL? I AHTE GOING TO COURT BECAUSE THATS WHEN I SHOULD BE SLEEPING, BUT I UNDERSTAND THAT THE JOB ISN'T OVER AT THE ARREST! I CAN'T AFFORD TO MISS COURT ANYWAY...HECK I HAD A KIA RIO REPOED..A KIA RIO...THEY GIVES THOSE AWAY FOR FREE. ANYWAY JUST LIKE THE MANY ARGUMENTS WE'VE HAD WITH THE TRUCKER IT'S ABOUT PRECEPTION...THE TRUCKER SAW SOMEONE SPEED(ALLEGEDLY) NOW ALL COPS SPEED. THE PAPER WRITES WE DON'T GO TO COURT.NOW NO COPS GO TO COURT.WE BEAT EVERYONE, WE ARE CORRUPT,,,BLAH BLAH...IF YOU SPEND YOUR TIME WORRYING ABOUT WHAT PEOPLE THINK YOU WON'T HAVE ANY TIME LEFT. DO THE JOB DO WHAT YOU'RE SUPPOSED TO DO AND DON'T WORRY ABOUT WHEN PEOPLE "LIE ON YOU"

I like the comment about casting a net to see what we can catch. Purse seine fishing was outlawed because it caught to many bottle nosed dolphins porpises. This is just another excuse for them to close the barn door after the horse has gotten out.

The problem has been there for years. If any judge or prosecutor has found some officer getting not showing up for court then a call should have been made. Instead the big thinkers wan't to point their fingers and accuse before getiing the facts. BS I say.

If you think about it a police officer with 3+ years on counts for 2 civilians on a pay scale. So if they can give 300 officers a suspension day each that's like giving 600 civilians a furlough day. Gee I wonder who would want to go and do something like that?

I too was in court yesterday when the prosecutor told Mr. Berry it was his responsibility to subpoena the officer to testify. All I could do was laugh...if this is the path the prosecutors are taking now then this city is even more doomed.

The only positive side to this is the lead investigator in PSU handling this has actually done police work throughout his career. It baffles me though there is a certain sergeant in PSU that has never even made a felony arrest lol

I 'll say this and Im done, this "witch hunt" is another way this administration wants to assert thier authority over thefront line to ensure they keep the morale as low as possible. They constantly brow beat us into being intimidated about making an arrest if force is needed, get "sent to the chiefs office" if our numbers ( stats) are to low, explain why a certain problem on your beat has not been fixed, work below minimums, continue to pay for thier police car (cease and desist), expect us to continue to work overtime w/o majors signing off on it, answer our public service when we're off to talk to a prosecutor about a case they didnt subpeona us on, work in districts that need serious repairs, and now lets worry about what court case you might have missed two years ago and given no specifics.

The system obviously needed updating,but to do a blanket investigation over a list made by the CJ ( who we all know hate us) shows they care little about how the morale is and how much worse its getting. Ive officers with less than 4 years on hating their jobs and counting down to retirement ( long career ahead). Where's the FOP on this? its obviously a violation of the contract not to mention ofc bill of rights. "the right to face their accusors" I guess doesnt apply to officers.

Those who are wrong should be punished but aleast give everyone a chance to defend themselves, its what the justice system was founded on. I hope that the department will on day start backing thier officers and not try to appease everyone because its impossible, there is always going to be someone who hates the police...just look at the CJ.

Does anyone else have problems why trying to use the "Contact" page on here? I have been trying to send Paul an email but I keep getting a note that the "CAPCHA CODE" is incorrect. Thanks for any help.

Very simple rule to follow. The court system is designed for only one thing. Attorneys making money for attorneys! If you try and look into any deeper your wasting your time. Attorneys making money for attorneys! If you remember that you'll be ok. In 2007 I attended court over 170 times. Outside of grand jury and a very rare hearing in circuit court it is a complete waste of time. How about the couier journal or a local news anchor following one of us around in court for about two weeks and they'll see what a complete wash the system is. Unfortunately, everyone knows the system is a joke. Like I said earlier, if you follow the simple rule: Attorneys making money for attorneys you'll be ok. Put on the same shirt, tie, and pants everyday, go down, swipe your id card, go give the prosecutor your phone number and leave, Swipe out, go home, hang up your clothes, and do it again the next date you have a subpeona. Attorneys making money for attorneys!

I understand that the process will take months up to a year for all the crotch sniffers in IA to get things done. Sorry, I guess that was uncalled for. They're not all bad people up there. God knows why anyone would accept a job up there, but I do know a few good folks up there, Too bad they are outnumbered by the D-bags.

Now that I have that off my chest. I got my letter the other day. Went down and signed blah, blah, blah.....

Now the burden of proof is on them. Prove I didn't miss court. I have thought about it and I am pretty sure that in 2007 I went to most of my cases and when I didn't I sent in a continuance. If I couldn't make it at the last minute die to child care issues etc... I would have called in. I am not going to say that though because I am sure they would subpoena the phone records.

The truth is they can't say 100% that I didn't. They can't say the the entry into the court docket wasn't a typo. Hell maybe I was there and instead of POP the clerk hit PNP.

I guess we will all have to stick with the " I sent a continuance in I think story"

A It is probably true. ( For God's sake I am supposed to remember something that happened 2 years ago?I can't remember what I had for breakfast 2 days ago)

I go to court over a 100 times a year. I can rememebr some but not all of the cases and dispositions. Some of them I could not care less about. Does that sound crass?

If I write a guy a ticket for an expired tag I do so because it is a simple "FIX IT" ticket. It won't cost him anything if he gets it fixed before the court date. Plus I feel that I am providign presence and most importantly keeping good old buddy bob white happy because now I have given him a stat and filled my quota. (actually they ask for two tickets, but you will never hear anyone admit to that in the front office becaue aren't quotas illegal uncle bob?)

That is what I mean by I couldn't care less. REAL cases are different. Ones that I am concerned for the victim or the arrestee is such a douchebag I will work my hardest to see him put away.

IA INVESTIGATOR: Did you go to court on whatever date in 2007?

OFFICER: I don't recall. (this answer will suffice to most of their questions.)

IA INVESTIGATOR: Did you send in a continuance?

OFFICER: Well if you don't have phone records of me calling in then I must have. I am pretty diligent about that. It is too bad that the court system doesn't keep records of those.

Hell, I even saw in the paper where the Circuit Court Clerk Mr. Nicholson the guy who's stamp is on all my subpoenas, where he found out that his clerks had stacks of them under desks that never were forwarded. Man I am glad that i do my job. It is too bad that nobody has any copies of my continuance slips.

Are we through here yet? Unlike you I have a real job to get back to rather than trying to investigate somethng that doesn't amount to Jack Squat.

Not to detract but aren't we 25 days pass winning with the Labor Cabinet regarding the cars. Has the Labor Secretary signed off yet?

Paul you are the man! thanks for being a voice of reason for all of us. Too bad more people do not listen.

IF YOU RECEIVED ONE OF THOSE LETTERS, YOU MUST FAX A COPY TO THE LODGE. THEY ARE GOING TO FILE A GRIEVANCE, BUT THE MORE THE MERRIER.

Seriously. Don't just complain about your right's being violated. Get on board. PSU and the front office in their zest to make the news with "HERE IS WHAT WE ARE DOING ABOUT IT" aka knee jerk reaction. found that there were almost 300 felony cases in 2007 dismissed. They sent our letters on all of them. Then they found that 2 thirds of them didn't involve Officers at all. They are still filtering through the info and discovering that there were/are mitigating circumstances like no process being sent out etc... WTF?? Can't they figure out that you do your investigatin before you "make an arrest?"

Paul was there a Velcro sighting today? LONG LIVE VELCRO,VELCRO FOR MAYOR!!

A.O.

Went to court today. On one of those subpoenas that we aren't supposed to get anymore. 1st call on a Ex. Tag/No Ins./ Op susp . Low and behold there was an attorney signed up on it. AMAZING! It is funny how they will subpoena an Officer for a case with an attorney but not for one when Regular Joe is representing himself. Nothing suspicious there I presume.

Top two phrases heard at court: "We're going to need you to stick around" and "How much money do you have in your pocket right now?"

I just have to say if Paul Schweizer ever missed court and a felony was dismissed, there would be a direct indictment filed within a week.

They might also want to check to see if some dismissed cases were taken direct prior to the PC hearing date, thus no need to show in court. District Court is not always aware of this.

Plus, there is no statute of limitations on felonies. So, if a really bad guy did slip through, he/she can always be indicted at a later date.

yes my son was locked up this am 'he called me to come and get him from this bar because he had some beer' mean while his gir frind took his keys and left .she is the one that had the warrent out on him.not one officer or any one else would go get his stolen car what is wrong with or lazy cops. they said he had to fill out complant 'but there was no one ton do it now she has his car and not artisied to drivr

e it' what if she killes some one! and it will be on him because of our leagle department. i seen her take it '