Double Standards: Inspector Ben Naish

A Police Sergeant puts in for a transfer to Southwest Detectives, where then-Captain Benjamin Naish, was the Commanding Officer.  Because the Sergeant, made a typo in his paperwork, Civil Servant Naish, demanded the Sergeant take a spelling test initiated by Naish.

Maybe Naish doesn’t realize that he is a Civil Servant.  Maybe Naish doesn’t realize the Sergeant is a civil servant.  Since when is a Captain allowed to institute a spelling test on someone there for a transfer, but not to others interviewing for the same position?  Is Naish aware they both have the same employer:  The City of Philadelphia.  Does Naish moonlight as a Central Personnel Human Resource employee?  Naish does seem to know alot about the inner-goings on in city government.  Naish is known to be a gossiper.

By the way, the Sergeant did not get the transfer.  Did he fail the test?  Or was that Naishs’ way of “icing” him.  Naish was accused by Detective Matt Maurizio of “icing” the good citizens of the Northeast when he wanted to extort information from them.  Freedom for information, even if they were innocent.

The Penn Record describes icing as:  “the act of holding people in police custody long after the law allows and/or when the law forbids this circumstance. Maurizio alleged this practice was done for purposes of coercing cooperation with investigations and/or confessions, and the financial waste results from payments to officers for both excess overtime and unnecessary police work.”

Detective Matthew Maurizio, a police detective, filed a lawsuit in 2014. In his complaint, Maurizio states he reported to Ben Naish that people were being held in custody without charges or even probable cause, a violation of their civil rights, in order to force them to cooperate with the police or coerce a confession.  We’ll lay odds no one of the Jewish faith was held illegally, since Naish is an outspoken critic of anti-semitism.  Maybe we can check the data on the demographic who were illegally detained.

An honest cop, Maurizio reported the civil rights violations to Ben Naish.  Naish was none too pleased with him.  Naish, who is married to Assistant District Attorney Deborah Naish, according to Maurizio, decided to do things the PPD way:  get him back.  Retaliate.

Maurizio, reported that after he made the report of misconduct, Naish retaliated against him.  There was an out-of-court settlement.  The question becomes, why wasn’t Naish “iced”?

Naish, who worked in the IMPACT unit and a variety of white-glove assignments within the department (many says Naish never worked a hard day in his life), wasn’t disciplined.  Was the Department of Justice notified that Naish was part of a custom and practice of violating the civil rights of its citizens?  Why wasn’t he demoted?

At least one citizen, Kimyatta Robinson, was paid monetary damages for the harm that Naish and his collusion to deprive her of her civil rights.

Why is there a double standard when, in this instance, you have a Commander who has worked in the IMPACT unit, a unit that handled criminality within the department, makes decisions daily on the detention or release of individuals who may be held illegally, still in decision-making assignment?

This is why many officers do not report misconduct or wrong-doing.  Whistleblowers have a hard time in any organization, but especially in policing.  Naish is still in his ivy tower, while this Detective, according to him, is out of $66,000.00 due to the retaliation he suffered at the hands of Naish.

Naish should join Larry Nodiff or at least be hidden away from the public where he won’t have the opportunity to deprive citizen’s of the civil liberties.  Disciplining Naish will also send a message to others who may engage in retaliating against cops who report the wrongdoing of other cops.  This is definitely corruption.  There wasn’t even a hesitation to hiding Inspector Jerrold Bates,  (Or Master Bates as he is commonly known) after the sex scandal in Internal Affairs.

Especially, since one of the Detective’s complaints was that the practice was also used to produce excessive overtime and unnecessary police work.  This at a time, when the Police Department is under an imperative to reduce its overtime.  And if the financial waste the detective reported to Naish was proven, it should have been reported to the Inspector General’s Office, after Naish put an end to it.  Naish should be disciplined.  At the very least, he should have been transferred from the place where he committed the offense.  There must be a consequence when police officers engage in misconduct.

Better yet, how about giving Naish a test:  a civics test.

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.

Gwendolyn 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

 

 

Double Standards: Lt. Greg Riley

In our new segment:  Double Standards, Lieutenant Greg Riley is the topic.  His promotion nor this job, was released to the media.  But it was news for then Sergeant Nashid Akil when he was promoted to Lieutenant, after being skipped and having to take the test again.  It was newsworthy.  Once Fired Cop to be Promoted

When then Sergeant Greg Riley was assigned to the 23rd District, he was involved in the cover up of a job in which Police Officer Illeana Muniz beat a handcuffed citizen over the head with her police radio during suspect identification.  He’s being called a citizen because he was there to be identified, but he was a prisoner because in the custody of the police and was in the back of a wagon in handcuffs.

The incident began when a vehicle that was stopped because of a suspected drug transaction.  The white male, Robert Weiser,  did not comply with the police order to stop and drove away.  The police shot at the moving vehicle.

A short while later, a white male was stopped and Officer Muniz was called to the scene to identify the male.  Officer Muniz “glocked” the male over the head with her city-issued handheld radio.  Officer Muniz collected the “runner’s tax”.  Several other officers observed the assault and then Sergeant Riley was on location.

Just as in the Walter Scott shooting, in which North Charleston Officer Michael Slager shot the citizen in the back 5 times and claimed he was taken his taser, where the Police Department took his taser and swabbed it for DNAFeds Charge Cop for Murder/DNA testing on Taser, they did the same with Officer Muniz’ police radio.

Officer Slager was charged both by the Department of Justice and the city North Charleston.  After Slager shot Scott in the back, a video was released showing the officer dropping his taser next to his dead body.  Officer Slager shooting Walter Scott in the Back

Internal Affairs tested the radio for DNA since Officer Muniz denied the allegations.  It’s ironic that Riley was unable to do what he’s done for so many years while assigned to the Impact Unit.  That is to report corruption.  His experience in the Impact Unit obviously didn’t pay off because a blind man could have anticipated what would occur at a crime scene.

Then Sergeant Greg Riley, as opposed to taking supervisory action against the officer, he engaged in a series of conduct to engage in a cover up, amounting to obstruction of justice. When questioned by one of the officers on the scene to stop the assault, Riley responded by doing nothing.  Or as the officer testified Riley “looked like a deer caught in the headlights”.  Riley failed to supervise and showed poor leadership skills to the officers who stood there in disbelief.

Riley and Muniz lied to Internal Affairs, however; there were truthful and honest cops, who told the truth about what occurred.  These cops are the unsung heroes here.

One officer testified at the arbitration held for Riley to get promoted back to the rank of Sergeant, that she observed Muniz exiting the wagon at 33rd & Girard Avenue with “something shiny on the radio, which appeared to be blood”.

According to the arbitration transcripts, another officer testified that he heard yelling and and Muniz cursing at the person in the rear of the wagon, and saw Muniz hitting but he couldn’t see what she was hitting the suspect with.  That officer further testified that Riley was standing right next to him and he stated “yo sarge you going to stop this?”  The officer testified Riley had a “deer caught in the headlight” look.  However; Riley said nor took any actions to stop the beating.

A week later, the officer testified, that Riley asked if the officer was involved in a motorcycle gang called the “Wheels of Soul” like a Captain who had recently gotten into trouble because of his affiliation with the group.  The officer stated he was not.

In fact, the Internal Affairs Investigator testified that the Officer was involved in another job the defense bought up, a job in which that officer stood up in court and stated “I think we’ve arrested the wrong man”.

Talk about having balls, and integrity. Oh yeah, but that whistleblower was kicked out of his assignment (5 squad) shortly after the Riley and Muniz incident.

Internal Affairs had to sustain the job because of these truth-tellers and honest, good cops.  Sergeant Riley was demoted and Officer Muniz received 30 days suspension.  However; neither were criminally charged.

The problem with this job is they should have been charged with the appropriate criminal charges.  Officer Muniz should have charged with aggravated assault, official oppression and she could have been charged with constitutional violations as well.  Officer Muniz is no longer a police officer.  Not because of this incident, she received a service connected disability discharge.

As usual, the cover up by then Sergeant Riley was worst than the crime.  A supervisor has a duty to report misconduct and/or corruption.  There’s an entire directive on this matter.  (Directive 114).  Then Sergeant Greg Riley spent many years in the Impact Unit, but was unable to make the most rudimentary decision to stop and address the behavior that right in front of him.

Riley was re-promoted through arbitration.  Riley was then promoted to the rank of Lieutenant, no problem.  As was Lieutenant Javier Rodriguez after falsifying police documents and “defrauding” the City, promoted to Lieutenant, no problem.

Internal Affairs sustain that Riley was liar and failed to supervise Officer Muniz and orchestrated a coverup.  However; Riley was the best thing since sliced cheese at his arbitration hearing according to the several commanders who testified for him.  One of them, instrumental in the Akil Nashid case.  As witnesses at the arbitration for Riley they gushed with praise and pride for a now-police officer who was caught in a web of lies.

At the arbitration hearing, Captain Benjamin Naish testified that Riley was known to him since they were “rookie cops” and that Naish supervised Riley when Riley was promoted to Lieutenant and that Riley “is a man of strong character and very dedicated”.  Naish further testified that Riley is “a truthful person”.   Did we fail to mention that Naish is married to an ADA, Deborah Naish.  This is why Seth Williams needed to have a fraternization policy.

Captain John Gallagher testified that Riley “is a person of integrity with a great moral compass”.  “Great moral compass”.

Honest Greg Riley testified at the arbitration that the reason his two Internal Affairs statements contradicted each other because after a month, he time to “think” about what happened and to “think about the events”.  He also testified that he “pretty much put the events at 33rd and Girard out of his head after May 27”.  There’s that integrity creeping in on his moral compass to which Gallagher alluded.

And Internal Affairs was gracious enough to give Riley another bite at the apple to tell the truth at a rare second interview.

Really?  So a proven liar and obstructor of justice, as Gallagher was Riley’s supervisor and was well aware of the Internal Affairs statements, believed Riley was a person of “integrity with a great moral compass”.  That would laughable if it wasn’t so sad in this instance.

Conversely, Lieutenant Jamil Taylor to Captain and Sergeant Nashid Akil to Lieutenant:  Problem.  Both skipped, one on multiple occasions.  Sergeant Greg Riley to Lieutenant again after his demotion:  No problem.  Interestingly, there is no media coverage of this job, nor media coverage of Riley in the media when he was promoted to Lieutenant.  Why not?

This is a pattern in the Police Department.  When now-deceased Vinnie Testa, discovered Police Officer Magsam was stealing gun parts from the Firearms Identification Unit, he advised the officer to ” make an anonymous telephone call giving the whereabouts of the missing gun parts.  The next morning, a telephone call was received in the unit.”  Testa then held a meeting with the other officers in the unit and told them the incident would remain “in-house”.

Testa’s rationale was that “it would embarrass Officer Magsam’s step-father (Chief Inspector Feeney).  When officers voiced their disagreement with this Testa told them “I am the Lieutenant and this is how it is going to be handled.”  Thankfully, honest and dedicated Police Sergeant Andrew Little adhered to his duty to the department.  Testa also ordered Little to falsify the numbers on a gun backlog to appear the unit performed more cases than it actually did.

This pattern is the problem.  As long as there is a double standard in the department, Police officers and supervisors will engage in these criminal acts feeling confident in their belief they will not be charged criminally.  And in this instance, unbelievably, be assigned back to the  Impact Unit that investigates police corruption within the department.

Yes, Riley was demoted and facing serious discipline and he was transferred back to the Impact Unit.  The very unit that should have pinched Riley.  Once again it should be pointed out, there is no logistics officer.  However; in this case, it seems like a good old fashioned “hook-up”.  No criminal charges, re-promoted to Sergeant, then promoted to Lieutenant without making headlines in the mainstream media.

Certainly Lieutenant Nashid Akil would have liked to enjoy his day without the glare of the cameras and spotlight on his personnel record, which conveniently left out the fact that Akil was skipped multiple times.  Riley didn’t suffer this indignity.  Riley had Commanders testify at his arbitration hearing to counteract compelling evidence against him.

Double standards is a problem.  The Department of Justice needs to be involved to stop these shenanigans.  It has to be more than people sitting in the Districts and Units gossiping about how it’s a shame that Riley got away with this.  But nothing is done to prevent it in the future.

From many accounts, Riley is a nice person.  But in this instance, he covered up a criminal act.  Thereby making him a co-conspirator.