#MeToo Lt. Richard Frank: Demoted

Lieutenant Richard Frank of the 14th District was demoted to the rank of Sergeant after a PBI (Police Board of Inquiry) hearing.  Lt. Frank was supposed to report to the Delaware Valley Intelligence Center (DVIC) after his misdeed, but was quickly re-assigned after the relative of one of his victims happened to be already detailed there.

Sergeant Frank (formerly Lt. Frank) wasn’t able to concentrate on a conversation that a police officer was having with him.  The Sergeant (former Lieutenant) allegedly told the female police officer that he was unable to concentrate because he couldn’t “stop staring” at her “tits”.

Apparently, Frank believes it is still alright to engage in this type of behavior despite the #MeToo movement.  Despite the litany of lawsuits the Philadelphia Police Department has paid in the last couple of years because of the bad behavior of Chief Inspector Carl Holmes.  Despite the fact that there has bee a reckoning in America that has sprung up overnight.  #MeToo movement.

Time honored the “Silence Breakers” which consists of a group of women who bought down Hollywood mogul Harvey Weinstein.  The Philadelphia Police Department had their “Silence Breakers” in Officer Christa Hayburn and Detective Michele Vandegrift.

The sitting Judge in Vandegrift’s lawsuit concluded that there is “a well-settled custom of sexual harassment” pervades the police force.   The City paid out millions because of the misconduct of Holmes.

Click to access 17D0024P.pdf

Chief Inspector Carl Holmes was accused of “digitally penetrating” one officer and assaulting an officer in his police car.  Yet Internal Affairs did not sustain the job even after finding semen in his police car.  Holmes claimed the semen was the result of consensual sex with a civilian police employee in the police car.  Even Holmes back-up story is terrible.  When your back-up story is just as vile as the allegation, that’s a HUGE problem.  Yet IAD failed to sustain the allegation against Holmes.  Then-Commissioner Charles Ramsey wasn’t buying it.  While Ramsey did demote Holmes also, he was re-promoted and is currently a Chief Inspector.

NEWSFLASH:  Cops have had it with the embarrassment of bosses behaving badly.  Women have had it with bosses and co-workers who behave badly, who are habitual line crossers and would don’t know, that they don’t know.  People are fed up with the fear of retaliation, of being harassed, blackballed and fired from a job they love.  Enough of this “blue code of silence” and going along to get along.  It’s not okay to stick your finger into holes where they don’t belong.

Sergeant Richard Frank allegedly has new disciplinary action pending.  The new disciplinary action should result in his termination.  When folks start getting fired for their boundary pushing, lusty conversations and lewd and lascivious behavior, along with the loss of their pension (which is what happens when the misconduct happens in the course of employment),  folks will begin to be act in a professional manner and live up to the standards that are expected when one is a member of law enforcement.

 

Michele  Vandegrift

 

 

 

#Me Too Chief Inspector Carl Holmes

The City of Philadelphia decided to pay $1.25 million to settle a lawsuit by a woman who claimed “a veteran police commander sexually assaulted her when she was an officer in a department in which she said sexual harassment was pervasive.”  (http://www.governing.com/topics/public-justice-safety/tns-philadelphia-police-harassment.html)  Former officer Christa Hayburn alleged that Chief Inspector Carl Holmes forced her into a sex act inside his police car.

Hayburn has recently joined a 20 member unit formed by District Attorney Larry Krasner who will be tasked with making recommendations to the Victim and Witness Services Unit about “empowering witnesses, supporting the victims of crime, and eliminating the trauma felt by crime victims and witnesses.” (Philadelphia DAO).  Former Philadelphia Police Commissioner Sylvester Johnson is also a member of this unit.

Here’s the bio on Hayburn as part of the Unit “Christa Hayburn is a former Philadelphia Police Officer. She wanted to join the CVAC to provide valuable insight to the Committee from a victim’s, a police officer’s, and a sexual violence advocate’s perspective. As a survivor of sexual violence at the hands of a fellow police officer, she knows what it is like to be the victim, what the reporting process looks and feels like, and how traumatizing it all can be. She is married and has three children who are being raised to be advocates for the voiceless. Hayburn resides in the Pine Valley section of the city.”

Still scratching my head why the DA’s office would need another unit to tell their own Victim and Witness Services Unit how to interact with victims of crime.  Funny though, the Police Department has failed to protect future victims from Carl Holmes.

This isn’t the first time at the rodeo for Holmes.  As previously reported, another officer, Michelle Vandegrift made a complaint when she accused Holmes of digitally penetrating her and tasting his finger.

Vandegrift alleged in her complaint that Holmes “wanted to know how wet she was” and that he inserted his finger into her vagina.  The complaint also alleges that he pulled his hand out, tasted his finger, and remarked “it tasted good”.  This allegedly happened in his office while they were both working.  The complaint then goes on to name 24th District officers and Southwest Detectives, both places where Vandegrift worked, who engaged in highly inappropriate, and in some cases, criminal sexual behavior.

The complaint is a salacious and disgusting account of what became a nightmare for Michele Vandegrift.  Read Complaint Here.

As a result of Holmes malfeasance, Vandegrift received $650,000.00 in compensatory damages, $500,000.00 in attorney’s fees, and $100,000.00 in back and front pay.  Additionally, she had to agree to a non-disclosure agreement, and agree not to seek employment within the City Departments of Prisons, Police, Sheriff or Fire Departments.  She signed off on the terms of the agreement on March 13, 2017.  vandergrift-settlement-agreement (1).

Commissioner Ross signed off on the settlement as well.

With Christa Hayburn advocating for victims for the District Attorney’s Office now, this validates her ordeal at the hands of Holmes.  While it can be argued, that since he has been demoted, he was punished.  However; why is he still in a position within the department where he can engage in the same type of behavior again and place other female Police Officers at risk?  He has been described as a serial predator.  The question becomes why isn’t he hidden somewhere within the department which will limit his interactions with female officers.

And no, the School District of Philadelphia was another poor choice where he was once assigned.  It was reported, after questioning the decision to  install him as head of security in the School District of Philadelphia that the brass defended the decision.

“Chief Inspector Carl Holmes, who is on loan from the city’s police department, has been investigated twice by the Internal Affairs Department. Top brass dismissed previous incidents that were brought to light, saying those matters were closed after an investigation.” as reported at the time.  Again, a failure on Internal Affairs part.  The article went on to report that “Chief Holmes is more than qualified to lead this position, and Commissioner Ramsey has the utmost confidence in his ability in working to keep our kids safe. Furthermore, none of those issues involved children in any way, shape, or form,” Lt. John Stanford, a police spokesman, said in an email response.”  (http://www.phillytrib.com/news/carl-holmes-installed-as-chief-of-school-security/article_360c837a-aec0-59cb-af87-f6f72d1c3f6e.html).

The same Commissioner Ramsey who demoted Holmes and refused to promote him.

However; Holmes private actions belie his defenders public statements.  If the Police Department can’t change its ways in the wake of the highly publicized #MeToo movement, combined with the huge payouts of taxpayer funds, there will be more scandals in the future.

It’s fortunate that Christa Hayburn will be there to lend a helping hand.

 

 

 

 

PPD Payout $1.2M for Chief Sexpector Carl Holmes

After fighting a former Philadelphia Police Detective, Michele Vandergrift tooth and nail, the City of Philadelphia settled a Vandergrift-Settlement-Agreement case against the Police Department and Chief Inspector Carl Holmes for $1,250,000.

Holmes has been accused of being a serial sexual predator and a number of women came forward to make complaints.  Vandergrift alleged she was sexually assaulted by Chief Inspector Holmes and experienced a hostile work environment by other officers.

Vandegrift further alleged in the complaint that Holmes “wanted to know how wet she was” and that he inserted his finger into her vagina.  The complaint also alleges that he pulled his hand out, tasted his finger, and remarked “it tasted good”.  This allegedly happened in his office while they were both working.  The complaint then goes on to name 24th District officers and Southwest Detectives, both places where Vandegrift worked, who engaged in highly inappropriate, and in some cases, criminal sexual behavior.

The complaint is a salacious and disgusting account of what became a nightmare for Michele Vandegrift.  Read Complaint Here

Holmes has been accused of misconduct on numerous occasions.  Former Philadelphia Police Commissioner Charles Ramsey demoted him in 2008 after Holmes admitted he had consensual sex in a police vehicle.  The problem in that case was another officer claimed that Holmes attempted to rape her in the car. As a result of the investigation into this complaint, Holmes city car was impounded and forensic evidence found “seminal stains containing spermatozoa”.   The departments’ Internal Affairs Department made no attempt to locate or even name this “civilian” employee, to ensure her safety, or that “consensual” sex even took place.

Another Philadelphia Police Officer, Christina Hayburn, alleged that Holmes sexually assaulted her in 2006.  The suit states that in Holmes chased Hayburn as she was trying to leave a bar, pulled her into his vehicle and “began kissing her “really hard” as he touched her breasts and put his hands on the outside of her pants toward her genitals.”  It should be noted that Carl Holmes is a 6-foot-6, 280-pound former offensive tackle for Temple University.  One can easily see how this imposing figure would have no problem overpowering a woman.  Account of Officer Hayburn’s incident here.

The suit further alleges that during this encounter, Holmes “digitally penetrated her vagina, after which he pulled out his penis and placed Officer Hayburn’s hand on top of it”.  Hayburn stated she said “No”, after he attempted to have intercourse and oral sex, but that Holmes “eventually ejaculated”

Holmes was never charged with a crime, despite the allegations that he “digitally penetrated” one of his victims.  In fact, the case was allegedly never turned over to the District Attorney’s Office for charges by Internal Affairs.

Vandegrift has agreed to resign from the Department as part of the settlement and will not work for other law enforcement agencies in the City.  The City will not provide any negative references for future employers about Vandegrift.

The monetary award according to the settlement will be $750,000 paid directly to Vandegrift in back pay and $500,000 will go to her attorneys.

Chief Inspector Carl Holmes is currently assigned to the Regional Operations Command-North.  A position in which he can still carry on his lecherous behavior upon other officers.  A highly visible position as opposed to a small hole in a corner office where men who behave badly, but taxpayers are stuck with, should be assigned.

This problem is systemic when there is a power structure where perverts are in charge and women are their prey.  As we have seen with the recent resignations of Al Franken (D) of Minnesota, Rep. Trent Franks(R) of Arizona and Rep. John Conyers (D) of Michigan.  Not to mention the avalanche that began with Harvey Weinstein, Head Hollywood Pervert.

Carl Holmes should be held accountable for his actions.  Sex scandals have bought down greater men than Carl Holmes.  This forum has written about many other bad actors within the department which also resulted in payouts.  Those Commanders are currently in positions where they too are allowed to interact with possible future victims.

Policy changes have allegedly occurred as a result of the large payout.

Cristina Hayburn and Michele Vandegrift are silence breakers.  Silence breakers (or whistleblowers) were honored as Person of the Year for Time Magazine.

Pictured Below Time Person of The Year, Michele Vandegrift and Christina Hayburn.

 

 

Racial Hostility in PPD Narcotics; Lawyer Claims

Attorney Brian R. Mildenberg has been retained by the Guardian Civic League to represent a group of black cops who are alleging there is a “racially hostile work environment in the Narcotics Unit”.

In a press conference held at the Guardian Civic League, a civic organization that represents many black officers, alleges they have hired Mildenberg to initiate a legal complaint against what they describe as a divisive and racially hostile culture within the Narcotics Division.  A laundry list of complaints including a Corporal having a confederate flag on his personal vehicle in the parking lot.

Chief Inspector Tony Boyle

Specifically named, is Chief Inspector Anthony Boyle and Inspector Raymond Evers, who they claimed have condoned overtly racist acts and officer misconduct by ignoring them. Specifically named who is aggrieved is Staff Inspector Debra Frazier, who also sued Chief Inspector Blackburn for sexual harassment a few years back.

Inspector Raymond Evers was accused of rape by a Temple student and the DA declined to press charges, not because the DA didn’t believe her, according to reports at the time.  Evers allegedly got shit-faced and acted out in a bar in Avalon and gave the Avalon cops a hard time.  Evers allegedly kept saying “you don’t know who you guys are messing with”.  Evers then got into a fight and came out on the losing side of the drunken bar brawl in Avalon.

According to the Philly magazine Evers have disturbing background.  They reported  “The history dates back to 1991, when a 22-year-old Evers and several other men had a “gang-bang” with a 19-year-old woman on a pool table at the Temple University Alpha Phi Delta frat house.

Afterward, she alleged it was a gang rape, and Evers and one other man, Michael Derita, were arrested and charged. (Both men viewed what happened as consensual.) The prosecutor on the case, Dianne Granlund, believed the woman’s claims but decided not to bring the case to trial. The charges were dropped. Granlund explained why she and her boss, D.A. Lynn Abraham, chose not to proceed: “No, she didn’t lie. She didn’t have enough evidence to give us,” she told reporters at one point.  Below find the transcript from Inspector Ever’s appearance on the Wally Kennedy morning show at the time:

The show’s host, Wally Kennedy, asked: “Did you do anything immoral?”
“I believe we did,” Derita said.
“Yes,” said Evers. “If you go back to the Bible, I guess we ate the apple.”
…
At one point, the TV show’s host, Kennedy, asked: “What kind of man participates in what fraternities call a gang-bang? ”
Evers: “Why don’t we turn the question around? What kind of woman? ”
Kennedy: “No, what kind of man takes part in this kind of thing? ”
Derita: “I would say a man who is using very poor judgment.”
Evers: “It wasn’t a planned thing. It was very spontaneous. And I just want to throw the ball back in your court. What kind of woman? “

Many questioned the fitness of Evers to have any high-profile job in the department.  The accuser of Ever has since committed suicide according to sources.

The ranking supervisors who are responsible for overseeing the unit is accused of encouraging the racial divide through inaction.  The Corporal who proudly flew the confederate flag on his vehicle is allegedly Corporal Gerard Mertz.  The Corporal also reportedly flew one on his desk.

Now in all fairness, Corporal Mertz have been flying that flag for a long time in Narcotics, BEFORE Tony Boyle and Ray Evers got there.  Since Debra Frazier was a Captain and she did nothing about it either.

Other black supervisors, then Lt. Laverne Vann, Sgt. Tony Prince or then Sgt. Anthony Burton also reportedly saw the flag and did nothing either.  Now it’s a problem because Boyle and Evers are there.  It can be easily proven that flag has been proudly waving for years.  Rumor has it that he’s such a confederate flag lover, he wears one under his bike helmet.  And has for years.

The President of the Guardian Civic League is demanding the removal of Boyle and Evers from the Unit.

William Blackburn (retired)

Double Standards: Chief Inspector Carl Holmes

Inspector Carl Holmes, in October 2013, was installed as the Chief of School Security for Philadelphia Public Schools and the Police Athletic League.  This assignment was given to Holmes, despite his long history of sexual misconduct allegations.

At the time of the appointment, the Philadelphia Police Department released a statement stating “Chief Holmes is more than qualified to lead this position, and Commissioner Charles Ramsey has the utmost confidence in his ability in working to keep our kids safe. Furthermore, none of those issues involved children in any way, shape, or form,” Lt. John Stanford, a police spokesman, said in an email response to the Philadelphia Tribune.

Needless to say, parents of children in the Philadelphia public school system were not pleased.  Despite the fact of his history of lawsuits and sexual misconduct allegations, then-Commissioner Charles Ramsey defended his decision by stating “I don’t understand what the issue is, or why anybody is concerned about it.”, according to the Philadelphia Magazine.

So fast forward to 2017.  On January 11, 2017, U.S. District Judge Mark A. Kearney excoriated the police department writing that there is a complicity, that people in authority, as high as the police commissioner ignore when it comes to misconduct.

In the complaint of Philadelphia Police Officer Michele Vandegrift vs. City of Philadelphia, Officer Vandegrift alleges that Chief Inspector Carl Holmes sexually assaulted her in 2007.  And this isn’t the first time at the rodeo for Holmes.

Another police officer, Christina Hayburn, alleged that Holmes sexually assaulted her in 2006.  The suit states that in Holmes chased Hayburn as she was trying to leave a bar, pulled her into his vehicle and “began kissing her “really hard” as he touched her breasts and put his hands on the outside of her pants toward her genitals.”  It should be noted that Carl Holmes is a 6-foot-6, 280-pound former offensive tackle for Temple University.  One can easily see how this imposing figure would have no problem overpowering a woman.  Account of Officer Hayburn’s incident here.

The suit further alleges that during this encounter, Holmes “digitally penetrated her vagina, after which he pulled out his penis and placed Officer Hayburn’s hand on top of it”.  Hayburn stated she said “No”, after he attempted to have intercourse and oral sex, but that Holmes “eventually ejaculated”.

As a result of the investigation into this complaint, Holmes city car was impounded and forensic evidence found “seminal stains containing spermatozoa”.  Holmes denied the allegation and claimed he had sexual relations with a female civilian in the city car twice, which is why there was semen in the car.  The investigators did not ask for the name of the civilian employee, or for her description and Holmes did not provide it.

Holmes has denied any wrong-doing involving Vandegrift.  But he did admit to having sex in his tax-payer funded vehicle with a civilian city employee.  Conveniently, there was no further investigation of that civilian.  Therefore; the police department doesn’t know if that civilian was a victim of a crime, or a willing participant because they only had the side of Holmes.

Vandegrift further alleges in the complaint that Holmes “wanted to know how wet she was” and that he inserted his finger into her vagina.  The complaint also alleges that he pulled his hand out, tasted his finger, and remarked “it tasted good”.  This allegedly happened in his office while they were both working.  The complaint then goes on to name 24th District officers and Southwest Detectives, both places where Vandegrift worked, who engaged in highly inappropriate, and in some cases, criminal sexual behavior.

The complaint is a salacious and disgusting account of what became a nightmare for Michele Vandegrift.  Read Complaint Here

Writing in the opinion in response to a summary judgement motion filed by the City of Philadelphia to dismiss the gender discrimination and retaliation lawsuit, in denying the request, Judge Kearney wrote   “Mrs. Vandegrift adduces facts necessary to create a genuine issue of material fact as to her claims of gender discrimination, hostile work environment, and retaliation under Title VII, the PHRA, and the Philadelphia Fair Practices Ordinance.  Ms. Vandegrift also provides sufficient evidence of a well-settled custom of sexual harassment within the Philadelphia Police Department.”

There is clearly a problem.  Holmes even admitted in a deposition that it is difficult for female police officers on the job and they have to listen to comments about sex on the job.

Curiously, also in a deposition regarding the suit, Chief Inspector Christopher Flacco admitted that he authorized disciplinary action against Vandegrift as a result of something she had written on Facebook, because another officer had been  disciplined for a Facebook message because of her complaint.

And Officer Vandegrift named names in her lawsuit.  There was a litany of allegations against numerous 24th District Officers and Southwest Detective personnel of various ranks.  From Inspector Anthony Washington, to Lieutenant Anthony LaSalle to Detective James Priadka and countless other police personnel who made lewd comments and at least one who “slapped her on the backside.”   The details are lascivious.

In a deposition involving former Philadelphia Police Officer Keisha Johnson against the City involving Staff Inspector Jerrold Bates, (or Master Bates as he is now called), Bates admits to having a orgy with Officer Johnson, another Police Captain, Nicholas Brown and a friend of Officer Johnson.

Bates was Officer Johnson‘s boss at the time.  Bates also admits that he saw pictures of Johnson with another employee, Corporal Gail Newsome Middleton, in which he shared with Captain Brown. In her lawsuit, Johnson alleges “Plaintiff  (Johnson) also sent Bates numerous cell phone pictures of herself, at his request, so he could masturbate when he was home. (Id. at 69:12-75:11.) Bates also talked about having Plaintiff go to a hotel with him, which she refused, and he solicited her to have group sex with Corporal Newsome-Middleton and Sergeant Williams, which also did not occur. (Id. at 75:8-77:4.) See deposition here:  bates-deposition-v-city-doc42-5-bates-depo.  Officer Keisha Johnson Lawsuit here: Keisha Johnson vs. Jerrold Bates, ETAL

There are going to be people in Internal Affairs, as some did in depositions, who will claim to remember how Officer  Keisha Johnson and Corporal Newsome-Middleton, dressed like whores.  If this is factual, once again, the supervisors in Internal Affairs who allowed this behavior to exist is part of the problem.  The problem is systemic and persuasive in policing.

If orgies and menage a trois’ can go on involving the then, Staff Inspector Jerrold Bates, who was in charge of the EEO unit, and his Captain buddy with subordinates, while assigned to Internal Affairs, where does it stop?

This goes beyond the old adage of “boys being boys”.  Alot of this behavior is criminal.  When the victims cannot rely on the head of policing agencies to protect them, what can the citizens, whom they are sworn to protect expect?

One shining star in the Vandegrift lawsuit is Lieutenant Ray Saggesse, who according to Vandegrift, expressed his frustration at not being able to properly investigate misconduct as an Internal Affairs Investigator.  He relayed his frustration that he was even unable to get these jobs to the District Attorney’s Office for review.

Despite years of increasingly pointed warnings and mounting legal challenges, sexual harassment in the Philadelphia Police Department remains an entrenched and serious problem.  Victims of sexual misconduct can expect the same treatment that other whistle blowers can expect:  disciplinary charges, being treated like a pariah, termination and/or being charged with a crime.

According to these documents and numerous police officials who say there is a climate of hostility toward women and it isn’t just in Philadelphia, it is in Chicago, the LAPD, Dallas and can be found in even the smallest police departments.  And this unlawful behavior has got to stop.

Until some of these perpetrators are arrested or at least terminated, there will remain a feeling that female police officers are fair game.  Officer Vandegrift is now a Police Detective.