John Hockenjos, 55, is a New York man accused of trying to run over a Brooklyn officer with his car. The officer claimed that Hockenjos tried to run him over — a claim strikingly familiar to past cases that we have discussed. However, on this occasion, the citizen had this night-vision surveillance tape that showed that the officer lied. The felony charges have now been dropped, but there remains the question of the officer. Citizens are routinely charged criminally for making false claims to police. However, officers are rarely fired, let alone charged, in such cases.
The officer was responding to a call from a neighbor who has a dispute with Hockenjos over a two-foot spread of grass along the driveway. The officer claimed that Hockenjos, 55, entered his driveway at a high rate of speed and that he had to jump out of the way to save his own life. However, the tape shows Hockenjos moving slowly up the driveway stopping well short of the police officer. There is no meaningful movement by the officer and certainly not any jump for his life.
Hockenjos has a clean record, but (based on the officer’s account) spent three days in jail on the felony charge. Notably, however, they did not drop the disorderly conduct charge against his 51-year-old wife, Irena.
The contrast to how these cases are handled is striking. Citizens are charged with false claims while officers appear effectively immune from such charges. This includes New York cases, such as the recent case against a WABC meteorologist. The rare cases that do see charges generally involve civil rights allegations, as here.
The New York criminal code contains the following:
Falsely reporting an incident in the first degree (N.Y. PENAL LAW § 240.60) –No less than 3, nor more than 7 years’ imprisonment; No more than $5,000 fine.
Falsely reporting an incident in the second degree (N.Y. PENAL LAW § 240.55) — No less than 3, nor more than 4 years’ imprisonment; No more than $5,000 fine.
Falsely reporting an incident in the third degree (N.Y. PENAL LAW § 240.50)– No more than 1 year imprisonment; No more than $1,000 fine
“Reporting” is likely to be viewed as an act of a citizen and police officers can claim a generous level of discretion. Yet, this is a case where the officer clearly knew he was lying and bringing a baseless charge.
We have seen a number of cases where citizens are charged with assault for the slightest contact with officers even an air kiss. Previously, we saw how a hug was charged as a felony. We have also seen an officer claim battery when a bubble touched him. Then there is the officer who charged battery when a suspect released gas in his presence. These all pale in comparison to being hit by a flying pillow, of course.
In the absence of a video, such charges generally are difficult for citizens to rebut — another example of why citizens should be able to videotape officers in public.
Source: NY Daily News as first seen on ABA Journal
Jill,
you’re not looking for allies or approval but…..
I have the suspicions that you forward about surveillance and suppression: as well as it obviously is dictated from the top. Look for instance at the dictation (law) forcing coordination etc from federal to local level of policing. There aren’t any free spaces left. Even if you live in Montana!!!!!
The sheer enormity of it all as an idea will keep people in a state of denial akin to that of a cancer diagnosis.
How to get the people to deal with it is beyond me
http://www.addictinginfo.org/2012/03/01/illegal-to-be-gay-in-mississippi-police-shut-down-an-lgbt-march/
are the cops completely rogue?
“I just wonder how long it’s going to be before the average citizen realizes how often this happens and starts simply refusing to convict based on the words of a police officer.” (Rick Horowitz)
From what I am hearing, locally, from defense lawyer friends of mine, that is already happening.
San Diego is going through a cleansing sweep of the LE departments after years of corruption. Seems every week we hear of a new case coming to light. If history serves, that indicates a small fraction of what is really going on and already there are allegations that the reported officers are sacrificial lambs and scapegoats for bigger fish.
If the officer had this guy in jail for 3 days, wouldn’t he have had to file an official report or swear out a complaint on him? If so, wouldn’t there be a perjury possibility based on those documents?
Totally unrelated, but we are talking evidence here —
Am I getting this right — Obama’s original birth certificate may be forged based on the examination of a digitally scanned copy of the original?
One more article, one more step away from trusting those who are supposedly ‘serving and protecting’ us.
There does not have to be a crimnal prosecution against the lying cop (enough of this LEO shit) to obtain justice. Money extracted from the lying cop is justice. Sue the schmuck, his superior, his Chief and his municipality under the civil rights act: 42 U.S.C. Section 1983 and the conpiracy statute Section 1985(3). Sue for actual damages and punitive damages. You can not get punitives against the municipality. Sue for Attorney Fees under Section 1988.
Wouldn’t his wife have a defense of others claim to make? Seems logical if the initial arrest is dropped based on perjured testimony….
What we’re dealing with has been a flaw in the criminal justice system since the beginings of our country. I say this not to excuse it, but to express the range of my disgust. The history of law enforcement in the U.S. and probably elsewhere has been that LEO’s primary job has been to protect the wealthy and protect their property. All other functions are secondary to it.
New officers, no matter what their initial ideals, are inculcated with the truth of their role, as older officers act as their mentors. The new officers are able to quickly see the corruption around them and so become contemptuous of the adulatory propaganda that the media bestows on police work. Their cynicism is added to by the realization that if they violate any internal PD norms, they will be cast to the wind. So it becomes a question of accepting the role of the Cop as defined by their peers and encouraged by the brass, or finding another, less remunerative occupation. Most stay on and in doing so welcome the perquisites of the occupation, which iclude the license to bully others. This of course neglect those who joined the force initially to obtain that bullying perquisite.
Can we blame this officer for doing merely what his mentors and peers have taught him to do? Yes, he deserves punishment for lying and the subsequent depradations the defendants were put through as a result of the lie. However, even if this LEO receives his just desserts, we caot really glory in it, knowing that it is but a drop in the bucket. American justice has always been a matter of propagandized public perceptions versus the tawdry reality. The system must be reformed, but mitigating against that reform is the authoritaria attitude bred into many Americans, coupled with the media propaganda, that assumes the reverse of our judicial standard. Despite Constitution and statutes stating the opposite, in America you are guilty until prove innocent.
BTW, the 2 previously mentioned apps and the camcorder app (you have to be running the camcorder before you hit the “go live” on the broadcast app) are the only three apps on the home screen
You also have to create an account with Ustream before you can use the app — it’s like your own channel.
BTW, my son was on a state court jury which included a former state court magistrate. The magistrate flat out stated that she would not vote guilty solely on the uncorroborated testimony of local law enforcement. She wanted video.
Based on recent videos posted to this site, I have just added a couple of apps to my smart phone. Both are free.
The first is a voice recorder. College kids use it to record classroom talks. Records even when screen is blank.
The other is from Ustream — it allows for simultaneous broadcast of video recordings. No need to worry about protecting the sim card.
A good time to revisit David Drumm’s posting “Bullies with Badges” — an article about the police in East Haven, CT:
http://jonathanturley.org/2012/01/28/bullies-with-badges/
( http://www.nbcconnecticut.com/news/local/Vice-Chair-of-East-Haven-Police-Commission-Charged-With-Threatening-140909233.html )
Injustice Everywhere
The National Police Misconduct Statistics and Reporting Project
http://www.injusticeeverywhere.com/
I just wonder how long it’s going to be before the average citizen realizes how often this happens and starts simply refusing to convict based on the words of a police officer.
There’s now overwhelming evidence that supposed law enforcement is arraying against US citizens. Obviously, everyone in law enforcement is not on board with this and does not conduct themselves in this manner. But way too many do and they get away with it.
RollingStone has reported the wikileaks revelations about private companies and DHS spying on OWS protesters. Cameras are being put up in many cities (Chicago is already fully wired). This absolutely comes from the top. It is ordered there and it has been fixed as part of the “law” by Congress and the president. This is very dangerous. (FYI- Just yesterday a law was passed forbidding protest around political figures. (warisacrime.org)
A society falls into chaos when the rule of law becomes fiat of the powerful instead. A society whose elites engage in all sorts of criminal activity which ruins most people’s lives, naturally fears the people’s right of redress. Instead of acting with justice, they become increasingly repressive and dangerous to our own people.
Many people think this will not harm them because they are team players. They are wrong. As long as you are a willing tool in the oppression of others you will have some safety but you are expendable if necessary. See Russia if you don’t believe me about that!
42 USC 1983?
“Shame that we all can’t be constantly wired for sound and video, concealed of course. Would this lead to greater justice?”Id07
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Greater paranoia I do think.
Perhaps if the senior officers were held to some accountability due to the behaviour of thier officers? at least that seems to be the great game the courts play … always someone else to hide behind…..
The plague of immunity, stemming from the dark ages of “the king can do no wrong” is why this is becoming an epidemic.
I gather it was Hockenjos’ tape. Cant be the neighbor who offered up it to help him. Shame that we all can’t be constantly wired for sound and video, concealed of course. Would this lead to greater justice?
And why are public police activities shielded from recording? Municipal, state or federal? Is the right to speak coupled with a right to record?
I think so. Would JT welcome such a defense case? Being a constitutionalist and all.
Lastly, one more reason to fear a permanent return to America.