Salem Witch Hunt Trials and Errors: Tow Workers Get Towed to Jail for Doing Their Job

[XLFD]

If you are in command of a police unit working an undercover drug enforcement operation, where you park your unmarked cars in a lot where they warn you that violators will be towed, ignore a windshield warning ticket, and then your cars do get towed what do you do?  Do you go down to the tow company lot and go through the usual procedures of paying the fees for violating parking laws to get your vehicle back?

Not if you're Sergeant Andrew Roberts of the Salem (Oregon) Police Department.  Sgt. Roberts believed that flashing his Salem Police Department badge was the only thing he needed to do to get the cars released.  When that didn't work, Roberts, in front of six other law enforcement members of his department and the Keizer Police Department, allegedly informed the tow truck employees who were on the phone with their dispatcher that they would be arrested if the vehicles were not immediately released. 

Before they could even talk with the company owner, Roberts went behind the counter to arrest the two tow company employees without stating any charge, they were handcuffed and placed in back of a patrol car while the gang of police officers ransacked the area for about an hour, and without proper authority took the unmarked cars from the tow yard. 

During this time the company's attorney arrived and was summarily threatened by Sgt. Roberts after telling the attorney he would be placed under arrest if he kept asking questions about the nature of the arrest, such as if the officers presented proper identification, or why he couldn't talk privately with the two men being held.

The two employees were then held in jail for six hours, while the officers involved prodded the county prosecutor to press baseless Obstruction of Government Administration for the next year, where they were quickly acquitted by a jury.  Which brings us to a multi-million dollar lawsuit that the citizens of Oregon will pay for all aspects thereof, simply because of Sergeant Andrew Roberts egomania, and lack of proper temperament and training to do his job correctly. 

<--- SPD Chief Jerry Moore

But we have six other officers with him, and a support structure in the Salem PD that allowed such behavior to go unchecked, which is a prime example of why law enforcement has to be reformed so that the people are not afraid of the police more than they are of the common criminals.  Here is an interesting link from the Salem PD about Gangs,  It leads off with:  "A common definition used to describe a gang is: a group of three or more individuals who engage in criminal activity and identify themselves with a common name or sign (definition taken from the following website:  www.ncjrs.gov - National Criminal Justice Reference Service)."   Does anyone see any gang activity taking place here?

For further information:  This article in the Keizer Times explains what happened in 2012 which led to a false arrest, false imprisonment and malicious prosecution in this case.  But the filing for this $5 million dollar lawsuit didn't happen until last October and the first hearing only happened this last Tuesday without any tangible results.  What follows is the factual basis of this lawsuit, with a link to the full lawsuit thereafter:

"On January 26 , 2012, at least one vehicle was parked in a parking lot on private property at 4743 Lancaster Dr NE, Salem, OR 97305. The lot was clearly marked to indicate that it was private parking and that unauthorized vehicles would be towed. The vehicle(s) that Randy Layne (“Layne”) observed were unauthorized and were not there to patronize one of the businesses.

Layne, a business owner in the building that is served by the parking lot, left a note on the windshield of one vehicle to inform the owner of the vehicle that it was parked in a private lot and that the driver could not park there without permission. Layne later found the note crumpled and on the ground.

 

The next morning, on or about January 27, 2012. Layne observed the same vehicle parked in the lot. Layne approached the driver and informed him that it was private property, and he could not park there. The individual (it was later determined to be one of the Defendants) responded with expletives indicating that they would not be moving their vehicles. Following this exchange, Layne called the trustee of the property at 4743 Lancaster Dr NE, Tom Muller (“Muller”), to inform him that there were unauthorized parked vehicles.

 Upon receiving the call from Layne, Muller telephoned BBW and spoke with Dental and requested to have the unauthorized vehicles towed out of the lot, per the posted signs. 

Kelley and Hall were dispatched by BBW to tow five vehicles from the parking lot. Upon arriving at the address, Kelley and Hall located the five unmarked vehicles parked in the lot without consent of the owner and they did not see any individuals standing near or around the vehicles.  

Kelley photographed the unauthorized vehicles in the lot. Then, Kelley and Hall hooked up two vehicles to their respective trucks and towed the vehicles from the lot to the BBW location at 560 Glen Creek Rd. NW, Salem, Polk County, Oregon.

After approximately three of the five vehicles had been towed to BBW, Roelof and Johnson arrived at BBW.  

Roelof approached Kelley in the tow yard and told Kelley that he and Johnson were there to get some unmarked police cars that had been towed by BBW. Kelley, per BBW policy, moved the conversation into the office. Kelley asked Roelof to provide the license plate or vehicle identification number for the vehicle he wanted to pick up. However, Roelof was not able to provide that information because he did not have proof of ownership for the vehicles. Kelley called BBW dispatch to inquire how to proceed. Dispatch informed Kelley that, per BBW policy and City of Salem Ordinance 102.220, some proof of ownership was required to release the towed vehicles and without that they could not be released.

 Kelley relayed to Roelof that he would be unable to release the vehicles without proof of ownership.

Roelof then requested that he be allowed to retrieve his bag from one of the towed vehicles. Kelley again placed a call to BBW dispatch to confirm this would be permissible and was given permission to release the bag as long as Roelof could verify ownership and would sign for the bag. Kelley asked if there personal identifying information on the bag and Roelof said yes. Kelley escorted Roelof to the vehicle and Roelof retrieved his bag. Kelley made a copy of Roelof’s SPD ID card for release of the bag.

Kelley prepared an invoice for the bag and confirmed it belonged to Roelof by verifying the bag had a tag with Roelof’s name on it. Roelof then took the bag and informed Kelley that his supervisor would be there shortly with “everything needed.” Roelof and Johnson left BBW without further inquiry into return of the towed vehicles.

 Kelley and Hall began to clean up around the yard. As they approached the gate, they noticed what appeared to be approximately five individuals, most were in plainclothes and two were in police uniforms. No one identified themselves as police officers. The officers demanded the vehicles be released as they were part of an ongoing investigation. Kelley and Hall directed them into the office where Hall informed them that, due to BBW policy, they would need proof of ownership and identification before releasing the vehicles. Roberts flashed his badge and informed Hall and Kelley that that was all the identification that was needed to retrieve the vehicles.

 Hall determined that he needed to contact his supervisor, Dental, in order to decide how they should handle the situation. Hall placed a phone call to BBW dispatch. During the call, Hall was placed on hold so that dispatch could contact Dental. Roberts told Hall that they needed to release the vehicles immediately or they would be arrested. Roberts did not provide any identification or proof of ownership. Roberts simply flashed his badge for a couple of seconds. Hall then hung up and called BBW dispatch a second time to advise them of the situation and inform dispatch they were told to either release the vehicles or get arrested.

Rather than waiting for Hall to complete his phone call, Roberts came around behind the counter and placed both Kelley and Hall under arrest. Neither were told the charge for which they were being arrested. Kelley and Hall did not resist the arrest and the two were placed in a patrol car. The officers took Hall and Kelley’s keys and opened the gate to the tow yard where the vehicles were located. The vehicles were found and the officers removed them, without authorization, from the tow yard. Then the officers asked Hall and Kelley if they wanted the gate locked and Kelley replied yes, “that’s how you found it.” The officers re-locked the gates and returned Hall and Kelley’s keys before Ruddell transported Kelley and Hall to the Polk County Jail.

 Before being transported to Polk County Jail, Defendants Kelley and Hall were held, handcuffed, in the back of a police cruiser in the BBW parking lot for approximately one hour. During that time, their attorney arrived, identified himself as the attorney for Kelley and Hall, and attempted to speak with the officer in charge at the scene, later identified as Defendant Roberts, to determine the charges against his clients. The attorney was informed that Kelley and Hall were grown men and could tell him what the charges were.

When their attorney attempted to speak to Kelley and Hall, Roberts instructed him to back away from the vehicle and to not speak with Kelley and Hall. After being told by Roberts not to speak with his clients, the attorney inquired as to whether the officers provided BBW with proper identification to retrieve the vehicles. Roberts told the attorney he did not need to provide him with any information and, instead, told him if he had any other questions, he would be placed under arrest as well.

After approximately six hours in jail, Dental paid bail for both Kelley and Hall and they were released from jail. Dental paid approximately $750 bail for each of his employees. BBW also continued to pay Kelley and Hall their hourly wage while they were in jail. The Polk County District Attorney continued to prosecute the charges of Obstruction of Governmental Administration at the continued insistence of all Defendants. The length of prosecution took place over approximately one year. Dental continued to pay Kelley and Hall their hourly wage for all time spent in meetings with their attorneys and in court proceedings.

 Kelley and Hall each stood trial for one count of Obstructing Governmental Administration and both were quickly acquitted by a jury. As a result of the actions of Defendants described in this complaint, Plaintiffs have sustained economic damages in the form of lost income and profits while Kelley and Hall were in jail and court, as well as fees for court and bail for Kelley and Hall, attorney’s fees, costs, and expenses incurred prior to the filing of this action related to Plaintiffs’ criminal case. Plaintiffs have sustained non-economic damages in the form of emotional distress, pain, suffering, anguish, diminishment of reputation. Plaintiffs request punitive damages for claims that provide for such damages in this Complaint."

http://media.oregonlive.com/pacific-northwest-news/other/towtruckco...

[easymoney]

Hey, we're here to enforce the law, not follow it.

[AQUAMAN]

Dittos easy, it's just that simple. How silly can the charges get too, and what a stupid prosecutor would even bring this to trial? Another prime example of the badge and gun making a human superior and abusive to prove that they alone are exempt from any laws or rules themselves, nice find. Sad issue that haunts us everyday out here nowadays.

[XLFD]

The justice system is becoming a true system composed of three parts that mainly watch their own backs:  the police (be it local, county sheriff, or state police), the public attorney (be it city attorney, county prosecutor, or state attorney general) and the Courts (be it municipal, county, or state appellant courts-- which as of late last year are now trial courts) are so closely connected in so many ways nowadays working to protect the power of each other and impose that tyrannical three-pronged power prod on the citizenry, even if they are innocent of all crimes, and the agencies themselves are as guilty as all hell.

It ties in perfectly with the three part thread dealing with my recent brushes with three state agencies that I just started tonight.

[Dave]

Sort of reminds me of a story from a few months back where a fireman was arrested because he wouldn't move the fire truck from where it was parked at a scene of an accident.

[XLFD]

A dispute involving gendarmes and other professionals over proper parking process where the non-police disputant(s) gets arrested.  Very good Dave for making the connection, you have earned a free link back to that story: 

http://ludingtoncitizen.ning.com/forum/topics/blue-state-versus-red...