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State: No cause to charge Portsmouth officers who took guns
PORTSMOUTH — The state Attorney General's office has found insufficient evidence to charge any of the three Portsmouth police officers who admitted taking evidence room guns that had been slated for destruction.
In a ruling released Friday, Attorney General Patrick Lynch's office cited "extraordinarily sloppy evidence handling," in the case in which five guns were removed from a shipment of guns that were headed to a Massachusetts foundry to be melted down last March.
"To declare the misconduct in this case as not criminal is not to endorse, or even tolerate, the actions of the officers," the Attorney General's summary stated.
The three officers, Sgt. Harry Leonard, a 24-year member of the force, Detective Steven Hoetzel, on the force for seven years, and Patrolman John Huppee, a 10-year veteran, each received a one-month suspension without pay. Police Chief Dennis Seale said that that the loss of several thousand dollars in income, along with the blemish on their permanent record and public "humiliation" amounted to stiff internal sanctions. All three have served their suspensions and are back at work at the same ranks as before.
While he did not believe the circumstances warranted larceny charges against the three, "None of this makes me proud. It is a black mark and a sad day for this department," the chief said. But, he added, "It is time to move on."
When the case came to light last March, the chief took heat for his decision not to charge the officers.
"I can understand why some in the community feel as they do," Chief Seale said. "As I said at the time, this was the poorest decision of their careers ... They screwed up." But the chief added that he did not feel, nor now does the Attorney General, that criminal charges are called for.
Larceny, the chief said, is the taking of property belonging to another with the intent to permanently deprive the person of that property.
In this case, he said the officers took guns that they believed were slated to be destroyed. He also pointed to the fact that they voluntarily turned themselves in and possessed impeccable service records.
The Attorney General agreed.
"In order to support a criminal charge in this instance, each crime considered includes, as an element, the necessity to prove the officer acted with the criminal intent to deprive another of their property. Because the officers involved believed the firearms taken were scheduled for imminent destruction, there was insufficient evidence to prove that element."
Guns were to be destroyed
The case might never have come to light had it not been for the circumstances surrounding one of the missing five guns.
That weapon, an Armsport 12-gauge shotgun, had been seized from a drunk driver. When it was later determined that the man was a hunter and that there was no reason to keep his gun, he was told he could retrieve it.
Except that by then it was nowhere to be found.
Believing the gun must inadvertently have been destroyed with the nearly 100 others that had just been "purged" from the evidence room — some dating back 20 years, the chief was about to tell the gun owner that the gun had been destroyed.
But before he could do so, the chief said that Det. Hoetzel came in and admitted that he had seen the gun among the others about to be driven off to the foundry and had asked for permission to take it.
During the subsequent investigation, led by Deputy Chief Lance Hebert, the three officers came forward and revealed that a total of five guns had been taken from boxes of guns that were about to be shipped off for melting. The guns were in open boxes inside the still-open trunk of a patrol car when they were taken.
In addition to the shotgun, these included:
* An M-1 rifle that had been owned by the late Portsmouth detective Alex Laferte. Chief Seale said that after Mr. Laferte's death, that gun was turned in by his father who thought that an officer or the department might want it. He was informed that any guns turned in must be destroyed. But Chief Seale said that Officer Huppee, a gun expert, saw the gun among the others in the boxes, recognized it as having belonged to his late friend, and asked to keep it.
* A .22 caliber rifle of little value, taken by Sgt. Leonard who said he needed a gun to deal with coyotes around his property.
* Two other guns taken by Officer Hoetzel.
Chief Seale said he called in State Police and the Middletown chief to conduct an evidence room audit. That analysis revealed that two other guns were unaccounted for — both seized during a drug raid in Portsmouth. State Police eventually concluded that the two were apparently melted down with the others in that shipment to the LeBaron Foundry in Brockton.
Steps taken
Assistant Attorney General Cindy Soccio conducted the probe for the Attorney General's Office.
The report calls on Portsmouth Police to review and modify evidence handling procedures, particularly with regard to the destruction of firearms. It is understood, the report sates, "that these tasks have been accomplished."
Chief Seale said he took several steps early on, among them:
* Only two detectives, with one emergency backup, now have access to the evidence room. Previously, five people had access.
* Procedures for logging in and disposing of guns (and all evidence) have been tightened.
* The evidence room is monitored by an always-on surveillance camera.
_________________________________________________________
Gun disposal
Policies in place (and since beefed up) at the Portsmouth Police Department are supposed to prevent the sort of disappearances that were revealed last March.
* The vast majority of guns in evidence room storage are turned in by residents who don't want them in the house for various reasons. Only a handful are actual crime evidence. When people turn them in, they are supposed to be told that the guns will (without exception) be destroyed. Guns may not be used by the department or individuals.
* All guns (and other evidence) are logged into the computer upon receipt and upon destruction.
* Guns are taken to a Massachusetts foundry to be melted down. Two officers must be present on such trips.
* Only two detectives (and one other for emergencies) have access to evidence room (new rule).
* 24-hour surveillance camera coverage of evidence room.
_________________________________________________________
Off the deep end
This is not the first, nor the most unusual episode of gun disposal gone wrong by the Portsmouth Police Department. About 25 years ago, a motorist driving across the Mt. Hope Bridge was startled to see an unmarked vehicle stop at center span. The driver got out, went to the rail and began tossing guns over the side. Thinking this looked mighty fishy, the motorist called Bristol Police. After some checking, Bristol Police reported that the gun dumping was done by Portsmouth Police. Portsmouth Police later admitted that they were disposing of guns from their evidence room. This happened long before he was chief, Chief Seale said, and was apparently fairly standard procedure back then. "Obviously it's not a great idea."
http://www.eastbayri.com/story/323786885973265.php
PORTSMOUTH — The state Attorney General's office has found insufficient evidence to charge any of the three Portsmouth police officers who admitted taking evidence room guns that had been slated for destruction.
In a ruling released Friday, Attorney General Patrick Lynch's office cited "extraordinarily sloppy evidence handling," in the case in which five guns were removed from a shipment of guns that were headed to a Massachusetts foundry to be melted down last March.
"To declare the misconduct in this case as not criminal is not to endorse, or even tolerate, the actions of the officers," the Attorney General's summary stated.
The three officers, Sgt. Harry Leonard, a 24-year member of the force, Detective Steven Hoetzel, on the force for seven years, and Patrolman John Huppee, a 10-year veteran, each received a one-month suspension without pay. Police Chief Dennis Seale said that that the loss of several thousand dollars in income, along with the blemish on their permanent record and public "humiliation" amounted to stiff internal sanctions. All three have served their suspensions and are back at work at the same ranks as before.
While he did not believe the circumstances warranted larceny charges against the three, "None of this makes me proud. It is a black mark and a sad day for this department," the chief said. But, he added, "It is time to move on."
When the case came to light last March, the chief took heat for his decision not to charge the officers.
"I can understand why some in the community feel as they do," Chief Seale said. "As I said at the time, this was the poorest decision of their careers ... They screwed up." But the chief added that he did not feel, nor now does the Attorney General, that criminal charges are called for.
Larceny, the chief said, is the taking of property belonging to another with the intent to permanently deprive the person of that property.
In this case, he said the officers took guns that they believed were slated to be destroyed. He also pointed to the fact that they voluntarily turned themselves in and possessed impeccable service records.
The Attorney General agreed.
"In order to support a criminal charge in this instance, each crime considered includes, as an element, the necessity to prove the officer acted with the criminal intent to deprive another of their property. Because the officers involved believed the firearms taken were scheduled for imminent destruction, there was insufficient evidence to prove that element."
Guns were to be destroyed
The case might never have come to light had it not been for the circumstances surrounding one of the missing five guns.
That weapon, an Armsport 12-gauge shotgun, had been seized from a drunk driver. When it was later determined that the man was a hunter and that there was no reason to keep his gun, he was told he could retrieve it.
Except that by then it was nowhere to be found.
Believing the gun must inadvertently have been destroyed with the nearly 100 others that had just been "purged" from the evidence room — some dating back 20 years, the chief was about to tell the gun owner that the gun had been destroyed.
But before he could do so, the chief said that Det. Hoetzel came in and admitted that he had seen the gun among the others about to be driven off to the foundry and had asked for permission to take it.
During the subsequent investigation, led by Deputy Chief Lance Hebert, the three officers came forward and revealed that a total of five guns had been taken from boxes of guns that were about to be shipped off for melting. The guns were in open boxes inside the still-open trunk of a patrol car when they were taken.
In addition to the shotgun, these included:
* An M-1 rifle that had been owned by the late Portsmouth detective Alex Laferte. Chief Seale said that after Mr. Laferte's death, that gun was turned in by his father who thought that an officer or the department might want it. He was informed that any guns turned in must be destroyed. But Chief Seale said that Officer Huppee, a gun expert, saw the gun among the others in the boxes, recognized it as having belonged to his late friend, and asked to keep it.
* A .22 caliber rifle of little value, taken by Sgt. Leonard who said he needed a gun to deal with coyotes around his property.
* Two other guns taken by Officer Hoetzel.
Chief Seale said he called in State Police and the Middletown chief to conduct an evidence room audit. That analysis revealed that two other guns were unaccounted for — both seized during a drug raid in Portsmouth. State Police eventually concluded that the two were apparently melted down with the others in that shipment to the LeBaron Foundry in Brockton.
Steps taken
Assistant Attorney General Cindy Soccio conducted the probe for the Attorney General's Office.
The report calls on Portsmouth Police to review and modify evidence handling procedures, particularly with regard to the destruction of firearms. It is understood, the report sates, "that these tasks have been accomplished."
Chief Seale said he took several steps early on, among them:
* Only two detectives, with one emergency backup, now have access to the evidence room. Previously, five people had access.
* Procedures for logging in and disposing of guns (and all evidence) have been tightened.
* The evidence room is monitored by an always-on surveillance camera.
_________________________________________________________
Gun disposal
Policies in place (and since beefed up) at the Portsmouth Police Department are supposed to prevent the sort of disappearances that were revealed last March.
* The vast majority of guns in evidence room storage are turned in by residents who don't want them in the house for various reasons. Only a handful are actual crime evidence. When people turn them in, they are supposed to be told that the guns will (without exception) be destroyed. Guns may not be used by the department or individuals.
* All guns (and other evidence) are logged into the computer upon receipt and upon destruction.
* Guns are taken to a Massachusetts foundry to be melted down. Two officers must be present on such trips.
* Only two detectives (and one other for emergencies) have access to evidence room (new rule).
* 24-hour surveillance camera coverage of evidence room.
_________________________________________________________
Off the deep end
This is not the first, nor the most unusual episode of gun disposal gone wrong by the Portsmouth Police Department. About 25 years ago, a motorist driving across the Mt. Hope Bridge was startled to see an unmarked vehicle stop at center span. The driver got out, went to the rail and began tossing guns over the side. Thinking this looked mighty fishy, the motorist called Bristol Police. After some checking, Bristol Police reported that the gun dumping was done by Portsmouth Police. Portsmouth Police later admitted that they were disposing of guns from their evidence room. This happened long before he was chief, Chief Seale said, and was apparently fairly standard procedure back then. "Obviously it's not a great idea."
http://www.eastbayri.com/story/323786885973265.php
