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| NEWS > 13 March 2007 |
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Lawsuit: Del. police shocked,
WILMINGTON, Del. - The family of a former Marine who was given multiple electric shocks and then shot to death by police sued Friday, claiming the officers used excessive force and violated the man's constitutional rights.
Police were investigating a motorcycle gang when they encountered Derek J. Hale, 25, housesitting for a fellow member who had been arrested there earlier, according to the lawsuit.
Hale's widow and parents allege that although Hale posed no threat and police had no warrant for his arrest, they shocked him with a Taser gun three times Nov. 6.
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 Article sourced from
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Sun-Sentinel.com - Fort Lauder
13 March 2007
This article appeared in the above title/site.
To view it in its entirity click this link.
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Hollywood Police Department, F
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Hollywood police officer charg
One of the four Hollywood police officers arrested last month on federal corruption and drug charges could soon strike a deal with prosecutors, the officer's attorney stated Monday in court papers.
Attorney Mel Black, who represents Sgt. Jeffry Courtney, filed a motion asking a federal magistrate to postpone a Thursday hearing in Fort Lauderdale where the officers were expected to enter pleas so he could have more time to negotiate with prosecutors.
Calling a two-week delay "in the interest of justice," Black said the extra time would allow him to continue talks that could resolve Courtney's case without a formal indictment. No decision had been made Monday evening, according to court records.
The lead prosecutor, Edward Stamm, is not opposing the request, said Alicia Valle, a spokeswoman for the U.S. Attorney's Office. She declined to comment on the talks. Black could not be reached for comment despite a call to his office and an e-mail.
Courtney, 51; Detective Kevin Companion, 41; Officer Stephen Harrison, 46; and Detective Thomas Simcox, 50, are accused of providing services in exchange for cash to FBI agents posing as mobsters.
The veteran officers were charged in a criminal complaint after a two-year sting dubbed "Operation Tarnished Badge." According to the complaint, the men provided protection for what they thought was an illegal high-stakes poker game and helped the FBI agents who said they were stealing a truckload of cigarettes. In November 2006, they escorted what agents told them were several kilos of heroin headed northeast from Miami Beach to the Broward County line.
According to federal authorities, many of the officers' off-duty assignments for the "mob" were captured on audio or videotape.
In the motion, Black wrote that he has met with prosecutors to evaluate the potential charges against Courtney and to explore "possible resolution of the cases prior to Indictment."
"These meetings and negotiations have taken significant effort, and the parties are hopeful they will be able to jointly evaluate resolution of this case which would save enormous judicial resources if successful," he wrote.
The two-page motion did not indicate the terms of a potential settlement.
Ordinarily, prosecutors have 30 days after an arrest to obtain a formal criminal indictment from a grand jury. Courtney and the other officers, who are out on bail, have agreed to extend the deadline, Black stated.
Simcox has been cooperating with authorities for more than a month, his lawyer, Bruce Udolf, said. Attorneys for Companion and Harrison could not be reached for comment.
Defense attorney Neal Sonnett, who is not involved in the Hollywood case, said lawyers often can obtain better deals for clients before charges are locked in. Prior to indictment, both sides have more "wiggle room," he said.
"When the government brings an indictment, they generally will bring charges on any count they can. It then becomes more difficult to work out a reasonable settlement," he said.
According to the criminal complaint, Courtney was paid $22,000 by FBI agents posing as mobsters. Companion accepted $42,000; Simcox about $16,000; and Harrison, $12,000, the complaint states.
The investigation was shut down prematurely when Courtney and Companion became aware of it, said Police Chief James Scarberry. Federal authorities are looking into the leak.
Scarberry has said he was briefed on the FBI's investigation in January. Believing arrests could be imminent, Scarberry said he informed six members of his command staff, Mayor Mara Giulianti and City Manager Cameron Benson.
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