Double Standards: DA’s Edition

In today’s segment of Double Standards, we will examine how the Philadelphia District Attorney’s Office often contributes to the Double Standard phenomenon. When it comes to retaliation and retribution against whistleblowers, the District Attorney’s office is part of the problem.

Assistant District Attorney’s and police officers, much like nurses and police officers, often engage in relationships.  Most of the time, not lasting relationships, but nonetheless, relationships.

Many cops who are always in court, can attest to just how many ADA’s have been “smashed”(sexual relationship) by cops.  This becomes an issue when the cops doing the “smashing” are engaging in corrupt behavior both on the street, and sometimes in court, and the “smashee”, is either handling the case, or gets a “heads-up” of impending trouble for the officer, and the lines get blurred.  Because of this, prosecutors often protect bad cops.  Prosecutors Protect Bad Cops

Cops who are engaged in misconduct on duty, have little to worry about from the ADA’s as a result.  The District Attorney’s Office maintains a list of officers who are not allowed to testify in court because of perjury allegations.  Many of these officers, are not terminated, but are simply, not permitted to testify.  Nicholas Schneider, now a Police Lieutenant, is one such officer.  Former Police Officer Christopher Hulmes, is another.

Ex-Police Officer Hulmes was arrested many years after the District Attorney’s office was well aware that he perjured himself in court.  Hulmes admitted he was a liar in open court, in front of the Judge and the Assistant District Attorney in 2011.  The prosecutor reported the liar, however; Internal Affairs did not sustain the job.  Hulmes continued to testify in court and remained unleashed on the citizens of Philadelphia.Admitted Liar In Open Court

There was no consequence for Hulmes until four years later, after many whistleblowers, after discovering that Internal Affairs refused to take any action, reported him to both the Department of Justice and the Attorney General’s Office. Hulmes was romantically involved with an assistant district attorney.

One brave ADA, A.J. Thomson, who opened a file and discovered the lying cop, was astonished that he was still being called to testify.  When Thomson  reported it to his superiors, one then-Assistant Chief District Attorney,  Jackie McCauley, who was married to a Narcotics Officer, Joseph McCauley, who was once partnered with Chris Hulmes, fell on deaf ears.

According to the now defunct City Paper, “Thomson says that he later insisted that Hulmes be taken off the street, and that( Assistant District Attorney) Flores and Jackie McCauley laughed. Clark’s case was postponed and then reassigned to another prosecutor.”

In July 2007, former ADA Kelly Surrick reported that Hulmes perjured himself on a case they she handled.  Surrick reported to Internal Affairs that Hulmes admitted to her that he lied because he tried to protect a source.  In that case, Hulmes lied about the locations of where a gun was located during an arrest.

The paper went on to state that “Internal Affairs did not sustain the allegations because it was Surrick’s word against Hulmes’ — and other officers backed Hulmes’ account. They returned Hulmes and Officer Mark Bates, who claimed to have discovered the gun in the alley, to the street.”  Officer Bates has not been charged.

In January 2012, Common Pleas Court Judge James Murray, rebuked the District Attorney’s Office when he discovered Hulmes transgresstions.

“You cannot put an officer on the witness stand who is going to say, ‘I lied to an issuing magistrate [who signs off on search warrants],'” “You cannot do that.”, screamed the Judge from the bench.  DA Keeps Calling Liar Cop To Testify

None of the other officers involved were disciplined.  Hulmes was finally charged with perjury and is awaiting trial. Cop Arrested for Perjury Prior to being charged, the Police Department finally, after many years and many reports later, took Hulmes and Officer Patrick Banning off the street.  Banning has not been charged.  Hulmes was charged with perjury and numerous counts of falsification of records and false swearing.  Hulmes Docket Sheet

Thomson was later fired from the District Attorney’s Office.  It seems Narcotics Strike Force Officer Joseph McCauley’s wife, then Assistant Chief Jackie McCauley, didn’t think it was so funny after all.  A spokesperson for the District Attorney’s Office claims Thomson was fired for “substandard” work.  Thomson provided an earlier relatively good evaluation to the City Paper reporter.

Jackie McCauley fought hard to prevent defense attorney Guy Sciolla from having access to Chris Hulmes records.  Sciolla was finally successful and Hulmes was charged with perjury.Lying Cop Charged With Perjury

Thomson left the District Attorney’s Office with his moral compass in tact.  Thomson says he was a victim of the “stop snitching culture.”  Thomson filed a complaint to the State Supreme Court against his former employer.  Former Prosecutor File Complaint Against DA for Continuing to Call Lying Cop

Former-Assistant District Attorney Jackie McCauley probably isn’t laughing anymore.  Rumor has it there is a grand jury investigation into her actions.  Rumor also has it that since she has left the District Attorney’s office, she too, is involved with another ADA, and is no longer with McCauley.   There is a very contentious relationship between the two former spouses because of Jackie McCauley’s new relationship with Assistant District Attorney Lou Tumolo.  Because Tumolo handles Narcotics jobs, there is little wonder why Joseph McCauley is so upset over the relationship.

copkissimagesGwendolyn Cudjik,  Deborah Naish, Elizabeth Kotchian, Kirsten Heine, Jackie McCauley and Jennifer Mitrick are Assistant District Attorney’s who it is well known have relationships (the first two are married) with cops.    Seth Williams did adopt a fraternization policy, but it is common knowledge that Hulmes had more than one Assistant District Attorney.  DAs must disclose Sexual Relationships

No one can legislate the behavior of whores, however; when it impacts the successful prosecution of corrupt cops, it must be addressed.  There has been over 1,000 jobs dismissed because of the recently acquitted six Narcotics cops, and another 500 cases are in jeopardy because of Hulmes.

ADA’s, or “All Day and All Night” as they are often referred to in the Police Department, must be held accountable because of the caustic and corrosive effect it has on the criminal justice system, when they refuse to disclose misconduct that is well known to them.

And worst yet, when they fail to disclose this information to defense attorney’s and continue to call these cops as witnesses.  That is a blatant violation of the Brady rule.Violation of Brady Rule