Update/New Info On Atlanta No-Knock Raid Killing of 88/92 YO Woman

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roo_ster

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NOTE: I gawked for duplicates in L&P back to before the article was posted.

http://www.ajc.com/metro/content/metro/atlanta/stories/2007/01/10/0111metshoot.html

Report: Lies involved in no-knock warrant

By BILL TORPY
The Atlanta Journal-Constitution
Published on: 01/11/07

An Atlanta police narcotics officer has told federal investigators at least one member of his unit lied about making a drug buy at the home of an elderly woman killed in a subsequent raid, according to a person close to the investigation.

In an affidavit to get a search warrant at the home Nov. 21, narcotics officer Jason R. Smith told a magistrate he and Officer Arthur Tesler had a confidential informant buy $50 worth of crack at 933 Neal St. from a man named "Sam."

But narcotics officer Gregg Junnier, who was wounded in the shootout, has since told federal investigators that did not happen, according to the person close to the investigation. Police got a no-knock warrant after claiming that "Sam" had surveillance cameras outside the Neal Street residence and they needed the element of surprise to capture him and the drugs.


The resident at the home, Kathryn Johnston, who is reported to be either 88 or 92, was startled by the sound of her burglar-bar door being battered in, and she fired her revolver at the officers. She was killed and three officers were wounded by gunfire or shrapnel.

Buddy Parker, a former federal prosecutor, said that officers who lied to the magistrate could face serious charges in addition to making false statements to a judge.

"If that was the case, you have a conspiracy," said Parker. "If you have a warrantless entry, you have no legal investigation. It can be either conscious disregard for the law and all conduct flowing from that is criminal — the entry, the homicide. It's no different from people going in to rob a bank and kill someone in a shooting."

U.S Attorney David Nahmias declined to comment on whether Junnier was cooperating in the investigation.

Rand Csehy, attorney for Junnier, an 18-year police veteran who retired last week, would only say his client has cooperated.

Tesler's attorney, Bill McKenney, would only say, "My guy has told the truth." But the attorney would not say whom Tesler has spoken with or what he said.

Smith's attorney, Ed Garland, did not return phone calls.

All eight officers on the narcotics team were placed on paid leave pending the investigation by federal, state and Fulton County authorities.

Junnier has told investigators the arrest of a suspected small-time dealer named Fabian Sheats that afternoon set the fatal set of circumstances in motion. According to police reports, Sheats, who was arrested for the third time in four months, told police that he had seen a kilogram of cocaine at the Neal Street home earlier that day.

A relative of Sheats said Wednesday he is being held in jail as a government witness,

The narcotics team tried to contact Alex White, who has worked as a confidential informant, to buy drugs at the house but was unable to get him to come quickly, the person told The Atlanta Journal-Constitution. "But they rushed it" and went to the magistrate, telling the judge the story about an informant buying the drugs, said the person close to the investigation.

Alex White came forward to authorities a day after the shooting, saying narcotics officers were trying to tell him to lie and say he bought drugs at the house. White came to light after he jumped out of an Atlanta squad car Nov. 22 and called 911.

On a 911 tape, an insistent and anxious-sounding man identifying himself as White told an operator, "I have two cops chasing me. They're on the dirty side, two undercover officers."


Later, White, who acknowledged having worked as a confidential informant, told WAGA the cops told him "you need to cover our [rear]. . . . It's all on you man. . . . You need to tell them about this Sam dude." According to the WAGA report, the informant said Sam didn't exist and he never went to the house. Speaking Wednesday night at a town hall meeting where dozens of speakers railed against the police action in the Johnston shooting, State Sen. Vincent Fort (D-Atlanta) said he plans to introduce legislation to stiffen the requirements for no-knock warrants.

"I'm outraged," Fort said, "about how things went down on Nov. 21."

Staff writer Jeffry Scott contributed to this article

This will not end well for APD and a certain eight LEOs, I suspect.
 
And then there is this...

http://shorterlink.com/?CVKQRX
Historian 'pinned to ground by US police and beaten for jaywalking'

By Laura Clout
Last Updated: 2:24am GMT 12/01/2007

A distinguished British historian claims he was knocked to the ground by an American policeman before being arrested and spending eight hours in jail — because he crossed the road in the wrong place.

Felipe Fernandez-Armesto surrounded by armed police after 'jaywalking'
Prof Fernandez-Armesto after crossing the street in the wrong place

Felipe Fernandez-Armesto said he had been the victim of "terrible, terrible violence" after he inadvertently committed the offence of "jaywalking" in Atlanta, Georgia, last week and failed to realise the man telling him to stop was an officer.

The slight, bespectacled professor claimed that five burly officers pinned him to the ground after Kevin Leonpacher kicked his legs from under him as he hesitated to show his ID.

He was left "traumatised and disorientated" and with a gashed forehead as he was taken to the local jail and charged with pedestrian failure to obey a police officer and physical obstruction of police.

The academic, professor of global environmental history at Queen Mary College, University of London, and a member of Oxford University's modern history faculty, said he had been subjected to "very humiliating procedures" and even had his box of peppermints confiscated.
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The 56-year-old appeared in court the next day, "tortured" by the fear of getting a criminal record that would wreck his chances of getting a green card allowing him to work in America. But prosecutors dropped the charges.

Atlanta's police chief ordered an inquiry after the mayor raised the incident.

Prof Fernandez-Armesto, who is also a member of the history department at Tufts University, Massachusetts, was in Atlanta for the convention of the American Historical Association. He said he was crossing the road and became aware of a "rather intrusive young man shouting at me telling me that I shouldn't have crossed the road there".

Because he was wearing a "rather louche" bomber jacket that covered his uniform, the professor did not realise he was a policeman.

"I thanked him for his advice and went on," said the professor. When Officer Leonpacher tried to stop him and demanded to see identification, the professor asked to see his, which he "didn't take kindly to". "He said 'I am going to arrest you'," Prof Fernandez-Armesto said. "In the culture I come from this wouldn't mean that the conversation was over.

"Nor would it mean that you were about to be subjected to terrible, terrible violence. This young man kicked my legs from under me, wrenched me round in what I think is a sort of a judo move, pinned me to the ground, wrenched my arms behind my back and handcuffed me.

"Naturally I was bridling at this moment and he called his colleagues to his assistance. I had five burly policemen pinioning me to the ground, pressing my neck with really very severe pain. I'm a mass of contusions and grazes.

"I was traumatised, disorientated, my conference programme was in the gutter and I was begging them to give it back to me and to give me my spectacles back," he said. "I still find it incredible that an ageing, mild-mannered professor of impeccable antecedent, should be the subject of such abominable treatment."

The professor, who has written books on the Americas and global exploration, was handcuffed to another suspected criminal in a "filthy, foetid paddy wagon" to be transported to jail and had his fingerprints and mugshot taken. With his bail set at £720 but with no way to get the cash, Prof Fernandez-Armesto remained incarcerated, until he eventually got out with the help of a professional bail agent.

In court the following day he explained to the judge and charges were dropped.

Officer Leonpacher denied that he overreacted, saying the historian repeatedly refused to co-operate. The 28-year-old told the Atlanta Journal-Constitution: "I used an excessive amount of discretion."

Atlanta's mayor, Shirley Franklin, said: "We want everyone who visits Atlanta to find Atlanta to be friendly and helpful."

The professor said he had no plans to sue, adding: "It was actually a fantastic experience going into that detention centre and spending time with those miserable wretches of the earth. I feel I've learnt more than I would have in important sessions of the Historical Association."

Seems Atlanta police have some problems:
The 28-year-old (officer) told the Atlanta Journal-Constitution: "I used an excessive amount of discretion."
 
This will not end well for APD and a certain eight LEOs, I suspect.

Yeah. They might get suspension with pay for a month or so, then back on patrol.

Seen this too many times to think otherwise. Justice? Ha.
 
Manedwolf:

I am an incurable optimist.

If what the article states is accurate, we (the citizenry) ought to get some scalps.
 
i agree

Fry 'em. Fry every one of 'em if this turns out to be true.


and the important thing is you include the last 7 words. i'm gonna hazard a guess that you and some of your friends have had at least one adversarial encounter with cops. as have i. and yet we seem to be able to retain some perspective and desire to be fair rather than drop into some reactionary "i hate all cops" posture. more peculiar isa that the more rabid ones of that ilk often harbor resentments for the most petty of imagined slights. marvin anderson hauls gravel and much for a company near here and did 20 years wrongfully . hes put that in perspective and is a happy peaceful soul. but you'll find someone who thinks hes perry mason going berserk over a dui because "they never read me my rights man!" never mind he was kneewalking and drove into a tree. or some kid lost a bag of weed makes a lotta noise. its most apparent in the house of many doors. old guys get popped do their time part of the cost of doing buisness.the kids just rant and talk nonsense.
 
Cdaddy...

Actually, in my neck of the woods, we get along great with the cops. Got a couple that drop by the local scooter shop after hours every now and then and mooch a brew or two out of the fridge. They ride, we ride and everyone's toes are unviolated.

Folks are folks wherever you go - just gotta learn how to tell the good from the bad.


Biker
 
Scooter Shop? you mean one of the ones in Boise?

Back on topic, what are they putting in the water in Atlanta?:scrutiny:
 
please be aware

lots(too many) of cops do need a time out and attitude adjustment, it seems. but please do not ignore the source of much of the evil which has overtaken the justice system, and that is the prosecutors. they are the ones who lobby for and construct the framework in which the cops operate. far too often, they are upwardly mobile pseudo-educated graspers whose real life concerns concern their own advancement before all else. your life, my life, and all our concerns are but chips to be played as they parlay the difficulties and tragedies of others into a successful career path for themselves. witness this character in nc and his handling of the duke u. case for starters, but a look at the development of judicial practice over the last 20-30 years and you will observe an accretion of authority in the hands of prosecutors which has allowed them to do as they please with no requirement to actually prove much of anything nor any responsibilty for their errors. behind all this, of course, are the wimpering vindictive masses of the increasingly undereducated public, who will elect anything that promises the quick fix to a real or imagined problem as long as the proposed solution leaves tonight's tv schedule intact.
 
It means Granny died a hero.

She exposed all this. Died in the process, but if she hadn't fired then this madness would have continued.

---------

It is possible for the entire "tone" of a police department to decay. It begins from the top, it infects training programs, it can lead to an entire agency going rogue. The Portland OR PD is among the worst in the nation for it's size.

Individual police agencies develop their own distinct cultures.
 
Just a small irony that the paper writer gives the following as his source.
according to a person close to the investigation.

Kind of like a confidential informant. And yet no one is barking about this informant lying to sensationalize the story.

Anyway, these bad cops deserve whatever they get (and probably more). I'll be severely upset if they get off with just a firing, or worse a reprimand, fine and time off. (assuming they did violate the law in the manner described above, of course)

Oh, and thanks for the update. I was wondering the other day what was going on, but hadn't looked it up yet.
 
I have to wonder about motive.

What incentive did they have to fake the initial evidence in order to conduct the no-knock home invasion?

Was this done at someone elses behest? Or did the police officers involved just get a wild idea that that house would be fun to bust into?

Who might have benefited from the home invasion and likely subsequent home confiscation (under anti drug/freedom civil seizure laws)? How is such property liquidated in Atlanta?

If gentrification is taking place in the neighborhood, could the property be diverted to developer who had paid the cops to get the home seized? Sounds a bit outlandish, but depending on liquidation policy it would just take a few well placed bribes to get a home seized and then handed over to an interested party for far under market value.

I have a hard time believing this was 1) a one time occurance and 2) random.
 
good of you to admit

Sounds a bit outlandish,


i am more imclined to think it was either part of kingdom bildig or some cop was/is ambitous
 
dave_pro2a I have to wonder about motive.

What incentive did they have to fake the initial evidence in order to conduct the no-knock home invasion?

Was this done at someone elses behest? Or did the police officers involved just get a wild idea that that house would be fun to bust into?

Who might have benefited from the home invasion and likely subsequent home confiscation (under anti drug/freedom civil seizure laws)? How is such property liquidated in Atlanta?

You have to remember our government is here to help us...
 
What motive might they have had, if it is true that they lied about the informant buying drugs from granny*? At this point, all is speculation.

According to the free market** fetishists and those who ask cui bono about every squirrelly action, there may be no reasonable explanation. In the real world, human critters do all sorts of crazy stuff. Perhaps yet another "successful" raid would have elevated them in the eyes of their peers. Perhaps they wanted to justify their unit's existence. Perhaps they just wanted to put their gear & training to use in a way similar to those who pay good money to jump out of an airplane.

We may never know, even if the Atlanta Eight go to trial, are convicted and go to the Graybar Hotel.

Anyways, as more information gets out, we need to be both open to the facts (whatever they may be) and vigilant to ensure that if the Atlanta Eight were the BGs, they get BG treatment & not a slap on the wrist.


* Jim March is right. If the Atlanta Eight were in the wrong, Granny is a hero who died taking out Bad Guys.

** On the macro level, I buy the principles of the free market. It has a tendency to break down and explain less & less the more it is applied to any specific individual.
 
Withholding judgement.

I'm not sure who said or did what, I just read the same newspapers as everyone else. If it does turn out that this was a fabricated situation, wouldn't the judge who signed the warrant, the cops who fabricated evidence and the investigator who submitted it to the judge be guilty of premeditated murder? They planned a crime which could reasonably be expected to result in someone getting dead. If not, they would have entered the home without guns. If guilty, I'd vote for capital punishment for those conspiring in the plot.
 
Someone asked...

...about motivation for this raid, this article provides specific answers and a little background. "This happened because we're way understaffed". Surprisingly (or not) one upshot from the botched raid, may be that more resources are allocated to the drug warriors.:uhoh:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
http://www.ajc.com/metro/content/metro/atlanta/stories/2007/01/12/0113metdrug.html

Big score holy grail for drug officers
While minor busts pad narcotics squad's statistics, heat from top for major haul may tempt agents to cut corners.

By BILL TORPY
The Atlanta Journal-Constitution
Published on: 01/13/07

Atlanta narcotics officers cradled their bulletproof shield, battering ram, prying tool and guns as the van rolled to a halt. They anticipated a large haul, one of the biggest in the past three years.

Hours earlier on Nov. 21, police say, a suspected street dealer they arrested told them he had just seen a kilogram of cocaine in a squat brick bungalow on Neal Street. The officers wasted no time. They quickly secured a no-knock warrant from a magistrate, telling her a trusted informant bought $50 worth of crack cocaine at the house from a man named Sam who kept the house under electronic surveillance.

The outcome of that raid is now well-known. The elderly resident, Kathryn Johnston, frightened by her door getting smashed in, fired on the officers, who killed her. There was no cocaine in the house.

Almost immediately, questions emerged about the narcotics cops' story. A longtime informant came forward to say police asked him to lie to cover up what happened, saying he made a buy at the house. Earlier this week, a report surfaced that one of the officers involved in the raid had told federal investigators that a narcotics officer lied to obtain the warrant.

A person close to the investigation said one of the three officers wounded by Johnston, Gregg Junnier, told federal investigators there was no drug buy at the house.

While the truth of what happened that night remains hidden in official investigations, suggestions that the narcotics officers may have cut corners with such horrific results raise tough questions. "Why are they willing to risk their career for this?" asked retired Atlanta police Sgt. Faye Coffield. "What would have happened if they got this bust?"

The officers involved aren't speaking publicly about the incident or the atmosphere in which they work, nor is Police Chief Richard Pennington. But interviews with current and former Atlanta police officers, a review of a departmental critique, a look at last year's search warrants and an analysis of drug tests by the state crime lab show the cauldron in which the officers work — and why the prospect of a one-kilogram bust would have been enticing.

"The desire to show an increased arrest rate probably played a significant role in this, said City Councilman H. Lamar Willis.

'One rock at a time'

Forget the piles of cocaine cops seize on TV shows. Being a narc in Atlanta is a dangerous, often frustrating job of repeatedly busting two-bit dopers who are leaned on to give up others, usually small-timers themselves. The narcotics officers operate in a netherworld of pursuing shadowy criminals known only by street names, and they get approval from judges to raid homes on the word of equally suspect snitches who frequently make buys of $20 or less.

Unlike the nickel-dime busts that occupy most of the officers' time, the kilo of cocaine the officers said they expected to find at Neal Street would have been one of the year's best seizures — literally a thousand-in-one bust.

Over a nearly three-year period, 6,121 drug confiscations sent by Atlanta police to the GBI crime lab tested positive for cocaine. Just six were more than a kilogram, a little more than 2 pounds. On the other hand, more than 4,000, or 64 percent, were less than a gram, which is roughly the weight of a single raisin.

Coffield, a former police union leader, said a joke has circulated for years: "The Atlanta police narcotics unit is solving the cocaine problem one rock at a time."

"All they care about is numbers," said Coffield, expressing a complaint being voiced by current Atlanta officers and city officials. "It's not hard to lock someone up for drugs. The problem is getting people with large amounts."

Indeed, such deficiencies in Atlanta's 30-officer narcotics unit were cited in an audit of the department released in 2004 by the New York-based Linder & Associates, a law enforcement consulting firm. "Although drugs are driving violent crime in Atlanta, the Narcotics Unit has been so understaffed that it has had negligible impact on drug trafficking," the report noted. "Narcotics enforcement historically has prioritized lower-level, street activities, not narcotics distribution."

All about the numbers

In 2005, Pennington said he needed 100 narcotics officers to make a dent in the city's drug and gun problem.

The department has not approached that goal. Before the shooting, there were fewer than 30 narcotics officers, about half of them working the streets in two teams, said Sgt. Scott Kreher, president of the Atlanta local of the International Brotherhood of Police.

Now there are even fewer on the streets. Eight officers on the team involved in the shooting are on paid leave pending an investigation by federal and state authorities. The department is reviewing its policy on executing search warrants in drug cases.

"There is only one [team] left on the street," Kreher said. "That's down from two before Neal Street and down from four [teams] two or three years ago."

"I'm told they are told tips but can't get to them," Kreher said. "It's all about the numbers game. In narcotics, you can't spend weeks and weeks investigating the mid- and higher-level" dealers.

"They're not trying to put the fire out, they're just trying to keep it from spreading."

Angling for the big fish

Atlanta police would not disclose how many detectives are in the narcotics division, but spokesman Officer Joe Cobb said the anti-drug work isn't limited to that unit. He said that making drug cases is a priority for all officers.

"The goal is to get the big fish but it's not that easy," he said. "It's not for lack of effort."

Officers fighting drug dealers are detached to the federally funded "Weed & Seed" and Project Safe Neighborhood units and regular detectives assigned to the zones work drug cases.

In addition, officers are detached to the federal-state-local High Intensity Drug Trafficking Area unit. Jack Killorin, a retired federal agent who runs that metro area drug unit, said Atlanta police usually fill about a quarter of the unit's 80 positions. The unit has the time and resources to work large cases with no geographic boundaries, making busts that are often not credited to APD's stats.

Still, pressure from Atlanta's numbers-driven command staff trickles down to the street cops, said Kreher and other officers who did not want to be identified for fear of punishment.

In 2002, Pennington implemented COBRA, a computer-centered accountability program that quickly tracks crime trends and targets areas for enforcement. In weekly meetings, commanders are grilled by higher-ups when crime numbers increase or arrests decrease.

Officers feel that pressure in their annual reviews, Kreher said. But Cobb said, there is no quota system, formal or informal.

Councilman Willis said several officers have told him they are constantly pressured to make more drug arrests, regardless of size.

"When you base what you do on statistics, the arrests become almost more important than the volume [of drugs] you garner from those arrests," he said.

Volume is the name of the enforcement game, one that is always changing.

"The more places you're knocking in, the more bad guys you're getting at," said former Atlanta police Deputy Chief Lou Arcangeli, who once headed the department's statistics unit and also worked as a narc.

Lack of follow-up

Enforcing the law "is cat and mouse" said Arcangeli. The city's RED DOG unit — for Run Every Drug Dealer Out of Georgia — sweeps dealers off the street, so they go inside and become the narcotics team's prey.

Atlanta police were busy last year, warrant records indicate. They executed more than 400 search warrants looking for drugs. The searches were based on tips from neighbors, police surveillance or criminals trying to gain favor with police by ratting out other dealers.

The work can be frustrating. Arthur Tesler, one of the detectives mentioned in the warrant for Johnston's home, had a two-week run in March when four of his search warrants turned up just 2.2 grams of crack and a business card from a clothing store, records show.

Other times, there's a healthy payoff. On May 8, a "cooperating defendant" told Officer W.B. Munson of the Safe Neighborhoods task force a large amount of marijuana was being stored at a southwest Atlanta home. The search found 1.45 kilos of cocaine, $69,740 in cash and a handgun. An analysis of records from the GBI crime lab indicates Atlanta has been getting some bigger cases — four of the six kilo-plus cocaine hauls in the past three years came in 2006. The Atlanta Journal-Constitution examined the GBI's log of drugs sent to be tested by APD from Jan. 1, 2004 to Nov. 28, 2006.

The widespread drug problem and lack of follow-up takes a toll, the 2004 audit indicates.

"According to the Department survey, 55.1 percent of officers agree that 'it is futile to arrest drug dealers since they end up back on the street the next day,' a slap at the perceived inability of the rest of the criminal justice system to keep arrested criminals off the streets," the report stated.

Making drug cases, like any vice enforcement, is often controversial and "just plain dirty," Arcangeli said. "When you get to court the defense attorneys always attack the character of the officer. You get your character assassinated. It stays with you."

Corners sometimes cut

Defense lawyers, such as Nicole Kaplan, complain narcotics officers sometimes cut corners. She accused Gregg Junnier of doing that in the 2003 arrest of Bobby Mabry, a career criminal, who, according to court papers, had 23 drug arrests.

In that case, Junnier testified he became aware Mabry when a snitch bought $50 of cocaine at his house.

In testimony, Junnier, who estimated he had served 300 warrants in his career, said he wrote the Mabry search warrant using a computer template but accidentally entered the address of a previous bust, though they went to the correct house.

Nonetheless, Mabry was convicted and faces a hefty prison term.

Junnier received a commendation for that bust. He retired from the force last week and, like several comrades, anxiously awaits what the federal investigation will bring.

Computer-assisted reporting specialist Megan Clarke contributed to this article.
 
correct me if i'm wrong

but wasn't one of the cops here involved in another incident involving a personal vehicle accident? might need to be a hero to put that incident to bed and get on with career. things like that happen in many fields
 
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