Bad Phoenix Cops - The Banned Videos
UPDATE: ALL CHARGES DROPPED AGAINST PATAKY, BARNES!
All charges have been dropped against blogger Jeff Pataky and former Phoenix Police detective David Barnes. Read the story here.
Last year we reported on blogger Jeff Pataky and the seizure of the computer and networking gear he used to produce the website BadPhoenixCops.com.
At the time, we were left scratching our heads over why the police would seize things like cable modems and routers (which, as of this posting, still hasn't been returned) while insisting they weren't trying to shut down Pataky's blog or keep him off the Internet.
Since then the Phoenix Police department has tried to indict Pataky on charges of identity theft, computer fraud, theft of a computer and harassment. None of the charges were successful.
"Co-conspirator" and former Phoenix Police Detective David Barnes was indicted for harassment and perjury in connection with the website. The final charge against Barnes, who was officially fired from his job in March, was dismissed last week.
Pataky was indicted for perjury along with Barnes but Pataky's lawyer, Jess Lorona, expects that charge to be thrown out as well.
"The whole thing is B.S. and they're just harassing [Pataky and Barnes]," Lorona said.
Lorona is representing Pataky in a large federal civil rights lawsuit against the City of Phoenix and the Phoenix Police Department.
The videos (below) were acquired through the discovery process by lawyers for Pataky and Barnes in connection with the lawsuit--and were furnished by the Arizona Attorney General.
After they were originally posted, however, the Phoenix Police Department wrote YouTube a threatening letter and the videos were removed.
The videos were made in a police witness interview room and some of the content is chilling.
Though a Phoenix Police spokesman says the department doesn't have it in for the pair, Detective Mike Polombo is quoted, early on, as saying he wanted "both [Pataky and Barnes] booked [on charges]" for (in Polombo's words) "the sullying of [his] reputation."
"This piece of [excrement]," Mike Polombo is heard saying in the video referring to Barnes, "spoke out directly about me and slandered the crap out of me."
Polombo's wife, and colleague, Phoenix Police Detective Heather Polombo can be heard telling an investigator how Pataky's website caused her "stress and anxiety at work." She told the investigator there were "5 or 6 times" she had to take off work due to her emotional state as well as excuse herself "dozens" of times to go to a nearby conference room and cry over the issue.
Pataky and his lawyer believe the videos were used as the basis for bringing criminal "harassment" claims against Barnes--charges which have since been thrown out.
According to Pataky, on advice of their lawyers, neither he nor Barnes has ever contacted the Polombos directly.
But that hasn't stopped the Phoenix Police Department from continuing to try and find creative ways to shut the website down.
Even though the City of Phoenix is cash-strapped and has been undergoing massive budget cuts in its law enforcement, there appears to be no end of cash to go after the bloggers.
We wrote the mayor and city manager asking how much money had been used, to date, to pursue Pataky and Barnes. We also asked how much money had been spent to defend the City against the lawsuits--and how the City intends to pay the judgment if Pataky and Barnes are successful.
So far there has been no response.
[Ed Note: We have offered to let the two officers involved have their say here. We've also made the same officer to Chief Harris and Mayor Gordon. If they do respond, we'll post it in the text of this article.
One nagging question we have is: we can't figure out why these videos were made in the first place? What was the rationale? What did these detectives hope to accomplish? Did anyone consider the possibility that they would be open to civil discovery or subpoena (as has happened)? It seems like a bad idea to make, in essence, a one-sided deposition without the benefit of a lawyer to say "objection [reason]."
As we said: many things about this situation leave us, and our lawyers, scratching our heads.
We have also had some comments submitted (deleted) that have contained nothing more than name-calling. We try to discourage that here. There are plenty of substantive issues to debate without resorting to pettiness.]
LANGUAGE WARNING - "R" Rated Language in this first video
Interview with Phoenix Police Officer Mike Polombo.
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Unfortunately, it's not just
Unfortunately, it's not just Phoenix. With the "Patriot" Act in place, our national police groups like the FBI have unfettered access to your information - banking, cell phone, email, etc. all for the asking.
If the Feds can wipe their feet on the Bill of Rights, why not the local cops too????
Not Surprising
I am not surprised at all to read this. Cops have way to much power and most of them abuse it from time to time.
I think this is an essential
I think this is an essential information that every blogger should know and refer to in the time of exigencies. The case study narrated herein is worth reading. I've found the post very useful. keep it up. evictionresources.com may be an online scam so be careful!
Many good cops have reached
Many good cops have reached out to us telling us that Joe Yahner was once a good guy but like many, once in the grips of Jack Harris has turned a blind eye to the crimes inflicted on citizens and good cops. Police officers accused of drunken driving. A female officer’s alleged promiscuity and infidelity. A commander whose critics labeled his son a child molester. Thanks.
Does anyone have copies of
Does anyone have copies of the documents or the links to the documents that Polombo gives the investigator during his interview?
Documents Mike Polombo is referring to
We posted them to our Blog. Apparently these were "top secret" too and were not to be shared with the media or public without being redacted.
Here's the link
http://www.scribd.com/doc/27804787/psb07-013
Mike also refers to various interviews we participated in. If you go to our blog and scroll down the right side we have various links to radio shows and news stories.
Baseline Cover Ups Exposed on BadPhoenixCops Blog
I’ve been told that what really put PPD into overdrive against BadPhoenixCops blog were the postings by Phoenix cops about the corruption and cover ups in the high profile (read that national) Baseline serial case, of Mark Goudeau being set up as a suspect and used to close the case. The Polombos were collateral damage as a result, but thanks to them for bringing so much attention to the entire situation of not only the cover ups and lies in the Baseline case, but the bad state of affairs of the Phoenix homicide division. Anyone who can contribute with information on other cover ups, particularly with the Baseline case, should post them to badphoenixcops.com.
Shocking
This is frightening and shocking. Are these cops still employed as detectives? Do they carry guns or have they had their sidearms removed and are they being assigned to desk duty? This officer Mike Polombo made himelf judge and jury, and then goes onto say how he patrols his own neighborhood (a violation of Ops Orders in most Polce Depts.)
Thanks for posting this. It's a real eye opener.
How do you stop it?
How do you stop this kind of thing?
[Ed Note: Good question. We've always operated under the principle that it's dangerous to be a bad public servant/politician. You can get away with it until people start to get serious about doing something.
It's a two-pronged approach. First, inundate the DOJ and federal politicians with mail/faxes (emails don't help). Complain that your US Attorney is allowing all this to happen under his nose.
Second, mount a campaign to get some of your politicians unelected. Your Mayor/council is up for election early next year if memory serves me correctly. Target a few of these guys.
What you do is end up creating "critical mass" and it happens slowly. The key to it is being tenacious, professional (stop the name-calling) and organized. Once changes start, they have a snowball effect. We've seen it happen here several times in the past 10 years. Just hang in there. Keep a low-profile and be relentless. Time is your friend--not theirs.]
Whats that noise?
What is the noise in the background of the videos?
[Ed Note: That's a 60 cycle hum--most likely from lighting or a bad power transformer somewhere nearby the camera or recording equipment. We tried to clean it up as best we could. It's much better now than it was on the original videos. We also stitched the little 5 minute segments together to make contiguous videos.]
Darn! My sound is out!! Is there a transcript?
Crap! My sound is out!!! I can't hear it... I am going to have to go to someone else's computer tomorrow if my sound does not come back!
[Ed Note: No, we didn't transcribe it. You can though :) ]
transcript
I did not mean you specifically. I just asked if there is a transcript. I know it at one time was on that other blog. Sorry.
[Ed Note: Not that we're aware of. Sorry.]
There just going to take them down
The phoenix police will just call video and have them taken down like youtube what would you say?
[Ed Note: Somehow I don't think it will be that easy. We will post any correspondence arising out of something like that. Plus in the highly unlikely event they did succeed, we already have plans "B" through "Z" ready to roll out.
As for what we would say? We'd encourage them not to make a bigger deal out of this than it already is. The issue is not the content, our issue is the censorship and prior restraint. You don't have a successful blog for over 10 years without having a few tricks up your sleeve.]
Good advice for cops
I am a police officer for a small department in New Mexico. My FTO gave me some great advice my first day on the street. He said the easiest thing you will ever do is make a good arrest. The hardest thing you will ever do is defend a bad one because its easy to win on the street and lose in court. With the internet these 2 officers should hope they don't have to try and find a new job and this should be a good lesson for others as to what happens when you believe you are above the law.
[Ed Note: Interesting take on things.]
Thanks and Great Article
Allen:
Great article and thanks for reposting these vids. It’s really a sad day when a cop’s own words and testimony are removed from the Internet when it is obviously a part of public record. I wonder if they think their own words are now a new harassment claim? This just goes to show you how far the Phoenix PD will go to protect their own creeps and the extent of the cover-ups.
Mike Polombo demands prison time for someone slandering him? Please. What an obvious abuse of authority.
BadPhoenixCops
[Ed Note: Keep in mind, we're huge fans of the First Amendment. With all due respect to the Phoenix Police and the Polombos, we'll always try to do right where the Constitution is concerned.
This doesn't mean I'll always agree with what someone says or how they say it--but I'll always fight the good fight to ensure their right to say it!]