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Police Problems with the 3 Bikers Case
Police did not overtly lie in this case (except by omission at the trial), but left out significant information, which will make it impossible to pass future employment polygraphs if they are asked about lies of omission on the poly. The incident was on a holiday, and police were rushed and busy. Here are a few of the many problems with the police procedures:
1. The Town policy is to first try to work out problems between neighbors; instead, the police built a case against one neighbor and favored another, while leading pedestrian to believe they were trying to work out the problems between the neighbors.
2. In disparity of force cases, police are supposed to cite both parties, then let the judge see both sides. Three Four Stroke motorcycles vs. a pedestrian are a clear disparity, as is an adult vs. juveniles. Police used improper and biased procedure in not citing both parties. Police have been to bikers family house several times, and are friends with bikers family.
3. The police know that three motorcyles, at over 200 decibels, can cause death even at speeds as slow as 30 mph. In the hands of unlicensed, untrained juveniles racing, there is no question about the danger.
4. Pedestrian expressed many times that he was concerned about the boys safety, that he didn't want to call police on neighbors, that he didn't want the boys to have police records, etc. and none of this made it into the police report.
5. One of the deputies told pedestrian to "tape the boys speeding with your cell phone," but neither of the deputies "remember" this.
6. Pedestrian told deputies of the bikers speeding, yet deputies edited the statement to read "Pedestrian has had trouble with bikers in the past," rather than "THESE" bikers.
7. Police allowed bikers to compare stories for an entire day before taking their written statements, rather than interviewing them separately, then as a group, immediately after the incident. In most jurisdictions, this would result in immediate procedural dismissal.
8. The biker's SISTER was involved in the incident, and all mention of her involvement was covered up.
9. Defense attorney, a former prosecutor for 20 years, said this was the worst police work he had ever seen. In fact, by saying they didn't "remember" telling pedestrian he should videotape bikers with his cell phone, and leaving out significant details about pedestrian's calling wife to protect bikers, and many other statements of concern about bikers, deputy will commit lies of omission on the stand, which will affect his ability to pass a poly in the future. There were no direct lies, but the omissions are exculpatory, especially the facts about biker's sister and the quad part of the incident.
Biker was denied DUE PROCESS throughout the incident, investigation, and trial.
Exact Police Transcript
This is an exact transcript of the police interview of pedestrian, written minutes after they left by pedestrian, and given to defense attorney and prosecutor:
Deputy's X and Y came to the door. Grandma yelled, "(Pedestrian), the police are at the door." I still had my coat and day glow vest on. I invited them in and asked what's up.
Deputy X seemed to be in charge, and deputy Y appeared to be back up. I offered to have them sit down and they declined.
X: Are you (Pedestrian Name)?
P: Yes, I'm P, what's this about?
Deputy X: The (Neighbors Name) told us you swore at and threatened three boys on a trail, did you do that?
P: Three bikers came at me at high speed around a corner and I yelled at them to slow down. I didn't know they were the (Neighbor Name) kids.
Deputy X: They say you called them fucking assholes and threatened to break their necks.
P: NO WAY, I did swear, but said they would break their own necks with their speed. I started by saying slow down. Are they now telling you I didn't say that?
Deputy X: NO, THEY said you told them to slow down.
P: Are you going back to the (Neighbor's Names)? Can you tell them I didn't know these were their kids, and we can resolve this?
Deputy X: Yes, we'll be going back there. So you did swear at them but didn't say you would break their necks?
P: I said slow down assholes, you're going to break your fucking necks. They'd been speeding here all week sir. Am I now a suspect, do I need a lawyer?
Deputy X: Did you hold up your cane and threaten them? We're going to go back there, we're just trying to clear this up.
P: No way! Are you going to talk to the parents? I used to be a police helicopter pilot and am a (Police Dept.) volunteer. I have a lot of medical issues including prostate disease, diabetic neuropathy and need to walk with a cane, I didn't hold it up. Do I need a lawyer here?
Deputy X: You know how this works. I can't advise you on that.
P: Did you ask them about driving at high speed on our street all week?
Deputy X (leaving): I'll be right back (goes to car).
P (to Deputy Y): I can't believe neighbors now call the police on neighbors, this is NOT the town policy. I wasn't raised that way. If our kids, we, had scared an old pedestrian, we'd make THEM apologize, not call the police on the old pedestrian. Are you going back to talk to the (Neighbor Names)? Can you tell them I didn't know these were their kids? Can you let them know these kids were going to kill themselves over that blind hill?
Deputy Y: Yes, we're going back over there after we're done here.
P: In fact, I know I saved their lives. I even called my wife on the hill right after the incident, can you take her statement? I can call her on her cell right now (dialing, busy at first). I was not raised to call the police on my neighbors, this is unreal.
Deputy X (returning): I'm going to cite you for disorderly conduct, can I see your driver's license?
P: What statute is that? What is this about? Do I need a lawyer? I thought you were trying to resolve this with the neighbors?
Deputy X: We can't advise you on that, what is the address here?
P: (gives ID). Can you cite them too for their reckless speed on our street all week?
Deputy Y: No, we would have had to observe that.
P: I really think I saved their lives, they were driving at break neck speeds over the blind hills. I mean, you didn't observe them on the hill either. They nearly killed me and my dog. Their sister also was part of this incident and driving at high speed. What is she saying about this? Other neighbors (Name) have seen her and them speeding, why don't you talk to them, or my wife, cleaning lady and grandma in the next bedroom, they saw all this!
Deputy Y: Why didn't you call us?
P: I didn't know they were the (Neighbor Name) kids and I don't believe in calling the police on neighbors, and I didn't want them to have police records-- so now I'm the criminal? I'm the victim!
Deputy Y: It is important that you do call. A lot of cell phones have video. You could have videotaped them with your cell phone. I'd think about this in the future if you have problems with them.
P: So now we should be recording our own neighbors for the police? Why can't you at least take my witness statements? (Grandma Name) is here and I'm trying to get (Wife Name) on the phone, can they tell you about their speed, we were afraid they would kill us or themselves.
Deputy Y: We would have had to witness that. (Deputy X handed me citation). Had two violations, not one as he said! Please sign this, and make sure you appear at court here. There is now one right here in (Town Name).
P: Am I going to need a lawyer? What is this, some kind of trial now? Is this like a fine for disturbing the peace or something? Is swearing now a CRIME?
Deputy X: We can't advise you on that, I think it is now Judge (Judge Name), right?
Deputy Y: I think so
P: I thought you were going back to the (Neighbor Name) to talk to them about this? Aren't we supposed to work this out as neighbors?
Deputy X: Yes, we're going back there to give them their victims rights forms.
P: Victims? THEY are now the victims? Deputy Y acted like you guys were trying to resolve this between neighbors! (Deputy Y avoided my eyes). I've been trying to get my wife on the cell. She will tell you I called right after this incident while still on the hill to say I was concerned for their lives and for her not to hit them on the blind hill. (reaches wife on phone).
Wife (on phone): The police are in my driveway!
P: Can you tell them I called you and were afraid for these guys lives? (Wife hangs up).
(OFFICERS GET UP TO LEAVE)
P: I'm sorry you guys have to deal with this on New Years eve. You've got DUIs and serious business to do.
Wife: Says she told them (when she met them in the driveway) that P called her immediately after the event while still on the hill and was concerned for the biker's lives. Wife: Deputy Y then told me, yes, P did tell us that, we will include it in our report. (THEY DID NOT). NONE OF THESE STATEMENTS MADE IT INTO THEIR REPORT, AND IN FACT, "PEDESTRIAN" ACCOUNT WAS ONLY A COUPLE SENTENCES COMPARED TO PAGES FOR BIKER'S STATEMENTS, TAKEN SEVERAL DAYS LATER!
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