Wednesday, May 23, 2007

05222007 - Officer Robert Vargas - Lansing PD












Officer found guilty of verbal abuse
Lansing policeman on trial for incidents with ex-girlfriend
Lansing State Journal, MI - 1 hour ago
Kevin Grasha
Published September 11, 2007
http://www.lsj.com/apps/pbcs.dll/article?AID=/20070911/NEWS01/709110326/1001/news

A Lansing police officer has been found guilty of being verbally abusive toward his former girlfriend over the telephone.

But he was found not guilty of a domestic violence charge.

Robert Vargas, 39, was arrested after a May 22 fight at the woman's Blackman Township home.

They had recently broken up, police said. Both charges are misdemeanors. Vargas, who has been on paid administrative leave since the incident, faces up to six months in jail and $1,000 in fines.

A sentencing hearing is scheduled for Oct. 15 in Jackson County District Court.

Vargas' attorney, Fred Blackmond, did not return calls seeking comment. Vargas' telephone number is not listed.The verdict came Friday after a jury trial before Jackson County District Judge R. Darryl Mazur.

A few days after the woman broke off the relationship, Vargas went to her home, yelled at her, and at one point, pinned her to a bed, according to trial testimony. On the stand, Vargas admitted lying to a superior when he at first denied being at the woman's home.

An internal investigation continues, Police Chief Mark Alley said Monday.
He could not say when it would be completed."Discipline could include, but is not limited to, termination of employment," Alley said. "Whether it's a misdemeanor or a felony, we look at the facts surrounding the incident on a case-by-case basis and make a determination from there."

Jackson County Assistant Prosecutor Daniel Schwalm, who handled the case, said the county's elected prosecutor, Henry Zavislak, instructed him not to offer Vargas a plea deal.

"He wanted to make sure (county residents) know we enforce the law equally with everyone, regardless of position," Schwalm said.

Vargas has worked for the department about a decade.

In 2004, Vargas was shot four times when he interrupted a robbery.

After being wounded, he shot and killed one of two men involved in the break-in. It was determined that Vargas' use of deadly force was justified.












Lansing police officer charged with domestic assault
Evening update
Lansing State Journal
Kevin Grasha
Published May 23, 2007
http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=/20070523/NEWS01/705230387

A Lansing police officer, who was arrested Tuesday night on a domestic assault charge, was placed on paid administrative leave today.

Rob Vargas, who has been with the department about a decade, was arrested in Blackman Township in Jackson County.

Vargas could not be reached today for comment.

Lansing Chief Mark Alley said Vargas also will face an internal affairs investigation, "where he could face anything from exoneration to termination.""We do not tolerate criminal misconduct by any member of our agency," Alley said.

In 2004, Vargas was shot four times when he interrupted a robbery at a south Lansing townhouse. After being wounded, he shot and killed one of two men involved in the break-in. Prosecutors determined Vargas' use of deadly force was justified.

The incident was the first time in more than a decade that a Lansing officer was shot in the line of duty.





05222007 - Officer Brandon Robinson - Lowell PD
























Former police officer gets jail time, probation
Published: Friday, April 18, 2008, 11:45 PM
Updated: Friday, April 18, 2008, 11:47 PM
By The Grand Rapids Press
The Grand Rapids Press
http://blog.mlive.com/grpress/2008/04/former_police_officer_gets_jai.html

ALLEGAN -- A former Lowell police officer accused of molesting a 13-year-old boy in 2002 was sentenced to 11 months in jail and five years of probation Friday in Allegan County Circuit Court.

Brandon Clare Robinson, 31, of Wyoming, was sentenced for second-degree child abuse as part of a plea agreement where prosecutors dismissed a sexual assault charge.

Allegations against Robinson surfaced last year when the teen, now 18, divulged to his sister the molestation secret he kept for five years.

The victim alleged Robinson molested him several times over at least a year at Sandy Pines Resort near Hopkins, where Robinson had a trailer.

Robinson, who resigned from the Lowell Police Department in February, had worked full time since 2005 and part time since December 2002.

Before that, he worked as a part-time deputy with the Allegan County Sheriff's Department from April 2000 to May 2002.

He had been on unpaid administrative leave before his resignation.

At Friday's sentencing, the victim talked about the molestation's harmful emotional impact, Allegan County Assistant Prosecutor Doug Ketchum said.

The child abuse conviction keeps Robinson off the state's sex-offender registry, but Ketchum said it should end any career in law enforcement.

"I would think anyone with any kind of felony conviction would not be a likely candidate for that type of job," he said.

Ketchum said it is not uncommon for victims to come forward about sexual assaults years after they occur, particularly when the victim is a child. Sometimes, they are frightened to tell anyone until they get older.












Officer in sex case quits Lowell job
Published: Wednesday, February 20, 2008, 9:33 AM
Updated: Wednesday, February 20, 2008, 9:35 AM
By John Tunison
The Grand Rapids Press
http://blog.mlive.com/grpress/2008/02/officer_in_sex_case_quits_lowe.html




ALLEGAN -- A Lowell police officer accused of molesting a teenage friend six years ago at an Allegan County campground has resigned from the force after pleading guilty to a lesser charge.

Brandon Clare Robinson, 30, was on unpaid administrative leave from the Lowell Police Department since May. He resigned Monday, police said.

He was charged with third-degree criminal sexual conduct after the alleged 2002 molestation surfaced when the teen, now 18, told his sister.

Robinson pleaded guilty Friday to second-degree child abuse, a four-year felony.

Robinson, a full-time Lowell officer since 2005 who worked part time for more than two years before that, was accused of molesting a teen family friend at a trailer Robinson had at Sandy Pines resort near Hopkins.

During a hearing in May, the teen testified he sometimes would spend the night at the trailer and said he was molested several times over months.

Robinson was not employed with Lowell then, but worked as a part-time Allegan County sheriff's deputy from April 2000 to May 2002.

He pleaded guilty to the child-abuse charge just days before his trial was to begin in Allegan County Circuit Court.

"He had to put his family first," said Robinson's attorney, Frank Stanley. "He has a young child at home. He wanted to think about what was in the best interest for his family."

Stanley said the trial may have come down to the teen's word against that of Robinson.

"There was a pretty significant factual dispute about what happened," Stanley said. "This was the best compromise."

Lowell Police Chief Jim Valentine said Robinson came to the Police Department on Monday to submit his resignation. With a felony conviction pending, he knew he could no longer serve, Valentine said.

The allegations against Robinson, described as a capable and respected officer, are still baffling even today, he said.

"It was just a state of total shock and surprise to our entire staff," Valentine said. "He was an outstanding police officer."

The department is close-knit, with seven full-time officers, eight part-time officers and two clerks.

Robinson could receive jail time at his March 14 sentencing, but is not expected to receive prison, his attorney said.












Lowell Police Officer Charged With Molesting 13 Year Old Boy
The Grand River Press
May 25, 2007
http://www.mlive.com/news/grpress/index.ssf?/base/news-36/1180015117327330.xml&coll=6

ALLEGAN, MICHIGAN – A Lowell police officer remains on administrative leave while facing criminal charges for an alleged 2002 sexual assault against a 13-year-old boy.

Brandon Clare Robinson, a full-time officer with Lowell for two years, is accused of molesting the teen in a trailer he had at Sandy Pines resort near Hopkins.

Robinson, 30, of Wyoming, worked as a part-time deputy with the Allegan County Sheriff’s Department from April 2000 to May 2002, then became a part-time officer with Lowell in December 2002 before joining the force full-time, according to officials with the two agencies.

“He has been an outstanding officer,” Lowell Police Chief James Valentine said. “It kind of caught us all by surprise when this came up.”

Robinson earlier this week was ordered to stand trial in Allegan County Circuit Court on two counts of third-degree criminal sexual conduct against a victim 13 to 15 years old.

His attorney, Steven Freeman of Lansing, said Robinson maintains his innocence.

“He denies any sexual involvement with this teen at all, regardless of when,” he said. “And there have been no other complaints by anybody, ever.

“It’s curious to me why he (the alleged victim) wants to come forward five years after something happens. That strikes me as odd,” Freeman said.

Robinson voluntarily came to Valentine in late February to divulge he was being investigated by the state police at the Wayland post. He was placed on paid administrative leave at the time.

Later, when charges were filed, he was placed on unpaid leave pending the outcome of the case.

The alleged victim, now 18, testified at a Tuesday court hearing that Robinson was a family friend who often drove him from Wyoming to Sandy Pines in 2002. The teen often would spend the night at the trailer.

“It started out doing truth-or-dare, then it turned into a sexual thing,” he testified.

He said the molestations happened several times over at least a year, but he did not tell anyone because Robinson told him not to and called it a “secret we have to take to our graves.”

“It didn’t seem right, but he told me it was normal and everyone did it,” the teen testified. “He had been a friend of the family for years. I trusted him.

“I was 13. I didn’t know right from wrong, really,” he said.

The teen said he kept the secret until last November, when he told his sister after a weekend hunting trip involving several people, including Robinson. The teen and Robinson did not get along during the trip, testimony showed.

Robinson is a patrol officer for Lowell Police, working an overlay shift between the normal day and night shifts. He is married, and his wife is pregnant, his attorney said.

Valentine said he will conduct an administrative investigation on Robinson when the court case is finished, so as to avoid any perception of conflict with the state police probe.

“Brandon has just been a very dedicated officer,” he said.

Freeman said the case essentially puts Robinson’s word against the teen’s word.

“To the best of my knowledge, there are no witnesses,” he said.

Robinson did not return a call seeking comment, and the state police detective who investigated the case was unavailable for comment.









Lowell officer charged in sex assault against boy
Thursday, May 24, 2007
By John Tunison
The Grand Rapids Press
http://www.mlive.com/printer/printer.ssf?/base/news-36/1180015117327330.xml&coll=6

ALLEGAN -- A Lowell police officer remains on administrative leave while facing criminal charges for an alleged 2002 sexual assault against a 13-year-old boy.

Brandon Clare Robinson, a full-time officer with Lowell for two years, is accused of molesting the teen in a trailer he had at Sandy Pines resort near Hopkins.

Robinson, 30, of Wyoming, worked as a part-time deputy with the Allegan County Sheriff's Department from April 2000 to May 2002, then became a part-time officer with Lowell in December 2002 before joining the force full-time, according to officials with the two agencies.

"He has been an outstanding officer," Lowell Police Chief James Valentine said. "It kind of caught us all by surprise when this came up."

Robinson earlier this week was ordered to stand trial in Allegan County Circuit Court on two counts of third degree criminal sexual conduct against a victim 13 to 15 years old.

His attorney, Steven Freeman of Lansing, said Robinson maintains his innocence.

"He denies any sexual involvement with this teen at all, regardless of when," he said. "And there have been no other complaints by anybody, ever.

"It's curious to me why he (the alleged victim) wants to come forward five years after something happens. That strikes me as odd," Freeman said.

Robinson voluntarily came to Valentine in late February to divulge he was being investigated by the state police at the Wayland post. He was placed on paid administrative leave at the time.

Later, when charges were filed, he was placed on unpaid leave pending the outcome of the case.

The alleged victim, now 18, testified at a Tuesday court hearing that Robinson was a family friend who often drove him from Wyoming to Sandy Pines in 2002. The teen often would spend the night at the trailer.

"It started out doing truth-or-dare, then it turned into a sexual thing," he testified.

He said the molestations happened several times over at least a year, but he did not tell anyone because Robinson told him not to and called it a "secret we have to take to our graves."

"It didn't seem right, but he told me it was normal and everyone did it," the teen testified. "He had been a friend of the family for years. I trusted him.

"I was 13. I didn't know right from wrong, really," he said.

The teen said he kept the secret until last November, when he told his sister after a weekend hunting trip involving several people, including Robinson. The teen and Robinson did not get along during the trip, testimony showed.

Robinson is a patrol officer for Lowell Police, working an overlay shift between the normal day and night shifts. He is married, and his wife is pregnant, his attorney said.

Valentine said he will conduct an administrative investigation on Robinson when the court case is finished, so as to avoid any perception of conflict with the state police probe.

"Brandon has just been a very dedicated officer," he said.

Freeman said the case essentially puts Robinson's word against the teen's word.

"To the best of my knowledge, there are no witnesses," he said.

Robinson did not return a call seeking comment, and the state police detective who investigated the case was unavailable for comment

Monday, May 14, 2007

05142007 - Deputy Richard Rodden - Livingston County SD

May 14, 2007: Deputy Richard Rodden, Livingston County Sheriff Department




Deputy in Livingston sex inquiry quits

Female prisoners claim county officer fondled them; State Police study possible charges.
Valerie Olander
The Detroit News
May 02, 2008

http://www.detnews.com/apps/pbcs.dll/article?AID=/20080502/METRO04/805020351/1409/METRO

HOWELL --A Livingston County Sheriff's Deputy resigned this week amid accusations he fondled several female inmates and committed a sex act with a woman during transports between the county jail and courthouse, police said Thursday.

The 12-year-road patrol deputy was suspended last Friday when an internal probe "found validity to the complaint" and the case was forwarded to the State Police to determine if charges are warranted, Sheriff Bob Bezotte said Thursday.

"One inmate brought this to our attention. We're not sure how many victims there are at this point," Bezotte said.

The officer's name was not released.

"There is more than one complainant and I don't have all the details yet," said Detective 1st Lt. Gene Kappof the Michigan State Police.

The road patrol deputy had been assigned since October to court transports, an 18-month assignment rotated among deputies. Bezotte said the deputy has never had any disciplinary issues.

A woman sentenced on a drug charge returned from court to the Livingston County Jail on April 25 and told the jail chaplain about a consensual sex act, Bezotte said.

Bezotte declined to comment about whether favors were promised in exchange.

"Not only am I upset about these allegations, but the whole department is embarrassed that this was occurring," Bezotte said.

Detectives from the State Police are working with the Livingston County Prosecutor's Office.

Kapp said he expects the investigation to take several weeks. This is the third Livingston County sheriff's deputy who resigned or was fired for alleged misconduct in the past year.

A trial is pending for former deputy Ryan Vorhies, 28, who was fired after being charged with felony drunken driving causing injury to two people in June and having open beer in the vehicle. He had been at a county legal association golf outing.

Meanwhile, a well-known K-9 deputy, Richard Rodden, also resigned from the Sheriff's Department after being charged with domestic violence in connection with an alleged incident last May at his Fowlerville home while on duty.

The charges were later dropped.

You can reach Valerie Olander at (517) 552-5503 or volander@detnews.com.











Former deputy's charges dropped

By Lisa Roose-Church
DAILY PRESS and ARGUS
Sunday, July 22, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/articleAID=/20070722/NEWS01/707220331/1002

A former Livingston County sheriff's deputy's domestic violence trial came to an abrupt halt Friday after the prosecution learned the alleged victim had a MySpace page that called her credibility into question.

On Kimberly Rodden's Web page is a photograph of handcuffs and the words, "Make them tight. I've been bad." She also wrote, "Innocent until proven guilty" and describes herself as a "spunky, sassy Asian sensation.""I am spoiled and I get what I want," Kim Rodden posted on her Web page while bragging about a Ford F-150 pickup truck that she wanted and testified that her husband purchased for her.

The Web posting details — which came as a surprise to the prosecution — became important after Kim Rodden testified that her husband, former Deputy Richard "Rick" Rodden, handcuffed her during one alleged domestic violence incident before striking her.

"If she's a victim, I'm a Japanese aviator," Plymouth defense attorney Richard Convertino told the court.

Richard Rodden declined the Daily Press & Argus' request for an interview. However, in an emotional moment and choking back tears in court, he thanked the seven-member Livingston County District Court jury for their service.

While Richard Rodden's supporters hugged one another outside of court, his wife's supporters stood stunned as they tried to understand why the charges were dropped. One supporter of Kim Rodden's pointed a finger at Richard Rodden as he left the courtroom and said, "You know you're guilty."

Assistant Prosecutor Dan Rose said the presentation of the Web pages in court "was the first time" his office had seen that evidence. He made a motion to dismiss the charges, which Convertino immediately accepted.

"When you make a decision like this, you weigh the value of the evidence you have, the evidence you don't have, the credibility of the witness, and you make a decision," Prosecutor David Morse said Friday afternoon. "We felt it would be in the best interest of justice to not pursue it."

Richard Rodden — who was accused of striking his wife, handcuffing her and putting a pillow over her face — faces no further charges from the incidents because double jeopardy would be an issue, Morse said. Double jeopardy means a person cannot be tried twice for the same offense.

In the opening day of testimony Thursday, Kim Rodden testified that her husband would lose control. She said he kicked her, handcuffed her and slapped her on the side of the head "four or five times." She also accused him of putting a pillow on her face and trying to suffocate her.

Richard Rodden was charged with domestic violence after arguing with his wife May 14. During that argument, Kim Rodden testified, her husband used pressure point techniques on her to get her to stand up before throwing her on the couch where he "charged" on her after the ringer for a text message sounded.

She said during the argument, her husband took out what she thought was his Taser stun gun and held it down by his side. She said he pointed the gun at his head and told her that he would die for her, but would not kill himself for her.

Police later learned Richard Rodden had pulled his service weapon out, not the Taser gun.

On Friday, Convertino and co-counsel Lenore Ferber spent most of the day attacking Kim Rodden's credibility. He argued to introduce testimony about her alleged aggression in a previous marriage, but District Judge Carol Sue Reader ruled that he could only do that if he could prove the woman had been aggressive toward Richard Rodden during the argument on May 14.No testimony indicated that Kim Rodden had been aggressive toward her husband that day.

Convertino then successfully fought to admit into evidence Kim Rodden's online postings, including a photograph of her sitting in her husband's Trans Am.

After Reader ruled the Web pages were relevant to impeach the complainant's claims of domestic violence, Rose asked for a recess to talk to Kim Rodden and to call his office.

A few minutes later Rose asked to dismiss the case and Reader agreed when Convertino did not object.

Convertino echoed the judge's sentiment to the jury that had they decided the case, they no doubt would have returned a "fair and just verdict."

"This was a fair and just verdict," Convertino said. "I commend Mr. Rose for recognizing the truthfulness of the case and dismissing it."

Richard Rodden, who was deputy of the year in 2003 for the Sheriff's Department, resigned in May after being charged and after an internal investigation that revealed he had violated departmental policies, Sheriff Bob Bezotte previously said.

Asked if Richard Rodden would get his job back, Bezotte declined Friday to comment, saying, "He is no longer an employee of our department. I have no comment."













Prosecutor: Ex-deputy hit wife

Livingston Daily, MI
17 hours ago
By Lisa Roose-Church
DAILY PRESS & ARGUS
Originally published July 20, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070720/NEWS01/707200316/1002

An assistant prosecutor said a well-trained police officer used his training to subdue and physically strike his wife, whom he believed was having an affair, but defense attorneys say the woman's complaints came only after she was served with divorce papers.

Those comments came in opening arguments at the trial of former deputy Richard "Rick" Rodden, who is charged with misdemeanor domestic violence.

The jury trial, which was adjourned early due to a storm that knocked out power to the Judicial Center, continues today in Livingston County District Judge Carol Sue Reader's courtroom.

Testimony Thursday indicated that Rodden had previously tried to suffocate his wife, Kimberly, with a pillow, and handcuffed her before slapping her four or five times in the head during two separate arguments.

Assistant Prosecutor Dan Rose said Rick Rodden's "jealousies and concern boiled over" on May 14 when he physically struck his wife after subduing her using techniques he learned as a police officer.

"It had become an emotional torment for her," Rose said.

Plymouth defense attorney Richard Convertino said the Roddens had an "immature relationship." However, he said, Kimberly Rodden didn't make her first domestic violence complaint, which alleged the pillow and handcuff incidents, with the Sheriff's Department until April — one day after he had her served with divorce papers.

Convertino said the divorce papers came after his client "saw his wife engaged with another man." Convertino acknowledged that Kimberly Rodden indicated she didn't want to get her husband into trouble, but he questioned her motives."She went nuts," Convertino said. "She lost it. She was enraged."

Kimberly Rodden testified that it was her husband who lost control. She said during one argument about whether her husband was cheating, Rick Rodden kicked her, handcuffed her and slapped her upside the head "four or five times." She later said she thought her husband was cheating because he lied to her about talking to another woman.

Kimberly Rodden said her husband told her she was under arrest. She replied, "I'm not a criminal," and he slapped her and called her a derogatory word, Kimberly Rodden testified.

In a separate incident, the former deputy placed a pillow on her face and tried to suffocate her, Kimberly Rodden said. He also used a tracking device on her truck to find out where she was traveling, she added.

"He would completely lose control when he got angry," she said.

Kimberly Rodden said that on May 14 the couple began arguing after Rodden stepped on her cell phone. She bent over to get it and claims her husband used a pressure point technique on her to get her to stand up before throwing her on the couch where he "jumped" on her after the ringer for a text message sounded.

She said during the argument, her husband took out what she thought was his Taser gun and held it down by his side. She said he pointed the gun at his head and told her that he would die for her, but would not kill himself for her.

Police later learned Rick Rodden had pulled his service weapon out, not the Taser gun.

Convertino asked Kimberly Rodden why she told her husband to "go ahead" and shoot himself. She denied that her comment "go ahead" meant to kill himself.

"He saw everything slip away when his wife told him to shoot himself," Convertino told the jury in his opening statement.

Subsequent telephone messages, which Kimberly Rodden taped, from Rick Rodden to his wife were played in court. In those messages, the former deputy demanded to know why she was not answering her phone and used foul language.

In one taped phone conversation that occurred after Rick Rodden learned his wife had called police to report the May 14 incident, Kimberly Rodden asked her husband if he thought what he did to her was the right thing to do.

"No, Kim, I don't think it's right," Rick Rodden replied. "But I don't think it's right you're running around on me."

When Convertino asked Kimberly Rodden why she sounded so "calm and nonchalant" when she called 911, the woman said she was "trying to hold herself together."

A tape of Kimberly Rodden's call to 911 indicated a calm woman who identified herself as "Deputy Rick Rodden's wife." She told the dispatcher that her husband had assaulted her and as she described the assault.








Livingston briefs











Jury set in ex-deputy's domestic violence trial
DetNews.com, MI
Saturday, June 30, 2007
http://www.detnews.com/apps/pbcs.dll/article?AID=/20070630/METRO04/706300306/1015

The jury was selected Friday in the case of a former Livingston Sheriff's deputy charged with domestic violence. Richard Rodden will appear before Judge Carol Sue Reader on July 19 in 53rd District Court. Rodden, a former K-9 officer who has since resigned, was charged with assaulting his wife in Fowlerville on May 14.













Court Docket: Former deputy expected in court today

Livingston Daily, MI
Jun 29, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070629/NEWS01/706290307

A former Livingston County sheriff's deputy is expected in court today for jury selectionon his misdemeanor domestic violence case.

Jury selection is set for 8:30 a.m. for Richard Rodden, who resigned his position in May after being charged with domestic violence.

According to a police report, Rodden's wife accuses him of wrapping his fingertips on her neck and pushing "hard" into her neck while pushing her onto a couch after she grabbed her cell phone, which was underneath Rodden's foot. The woman said Rodden also "charged at me" once her cell phone's text-messaging tone went off because he wanted her phone. She said Rodden eventually backed off and he unholstered his service weapon, which he did not point at her.

Rodden is free on a $5,000 personal bond, with the conditions that he have no contact with his wife and he does not handle firearms. If convicted, he faces up to 93 days in jail.


















Court Docket: No plea deal in former deputy's domestic violence case

Livingston Daily, MI
Jun 12, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070612/NEWS01/706120307/1002

There was no plea deal Monday between the Livingston County prosecutor's office and a former sheriff's deputy accused of misdemeanor domestic violence.

Jury selection remains set for 8:30 a.m. June 29 for Richard Rodden, who resigned his position in May after being charged with domestic violence.

According to a police report, Rodden's wife accuses him of wrapping his fingertips on her neck and pushing "hard" into her neck while pushing her onto a couch after she grabbed her cell phone, which was underneath Rodden's foot.

The woman said Rodden also "charged at me" once her cell phone's text-messaging tone went off because he wanted her phone. She said Rodden eventually backed off and he unholstered his service weapon, which he did not point at her.

Sheriff Bob Bezotte said an internal investigation indicated that Rodden "pulled his weapon on her several times" in recent months. Although the former deputy did not point the weapon at his wife, Bezotte said the implication was enough to warrant Rodden's termination in combination with "other details that emerged from the investigation about (Rodden's) inappropriate conduct."

Rodden is free on a $5,000 personal bond, with the conditions that he have no contact with his wife and he does not handle firearms.

If convicted, Rodden faces up to 93 days in jail.

















LOCAL: No plea deal for ex-deputy

Livingston Daily, MI
Jun 5, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070605/NEWS01/70605010/1002

No plea deal was struck Monday for a former Livingston County Sheriff’s Department deputy in court for a pretrial hearing on charges he physically assaulted his wife during a dispute.

Richard Rodden, who served eight years with the department, was charged with one count of domestic violence for an alleged physical assault on his wife in which he pulled out his service weapon, although he did not point the gun at her. He has since resigned to avoid termination.

Whether Livingston County prosecutor’s office offered a plea deal to Rodden was not disclosed in court.

The domestic violence charge is a misdemeanor punishable to up to 93 days in jail. Jury selection is set for June 29.

According to a police report, Rodden’s wife, Kimberly, alleges he assaulted her as the two argued about her cell phone on May 14. An internal sheriff’s investigation claims Kimberly Rodden alleges she has been the victim of physical and emotional abuse by her husband throughout their marriage.

Rodden was allowed to purchase his canine partner, Logan.

















Sheriff: K-9 officer pulled gun on wife

DetNews.com, MI
Valerie Olander
Tuesday, May 22, 2007
http://www.detnews.com/apps/pbcs.dll/article?AID=/20070522/METRO04/705220353/1015

HOWELL -- A Livingston County Sheriff's deputy who resigned Friday after being charged with assaulting his wife was on duty at the time and pulled out his service revolver, according to an internal investigation into last week's incident.

Richard Rodden, a K-9 officer well-known to schoolchildren for his visits with his German shepherd partner, pleaded not guilty last week to domestic violence, punishable by up to 93 days in jail. He is scheduled to be back in court June 4. A jury trial is tentatively set for June 29.

"He pulled the gun out and had put it down by his side," said Sheriff Bob Bezotte. "He didn't make a threat or point it, but the issue remains that he pulled the weapon out during a domestic violence incident with his wife and that's a huge problem."

The Sheriff's Department review called for Rodden's badge, although negotiations with his union representative allowed him to resign rather than be terminated, Bezotte said.

Rodden, an eight-year veteran of the department, had been an "excellent employee" making numerous arrests with his former canine partner, Jari, and more recently with his dog, Logan. The department has received national recognition for its K-9 program.

"Rick has done a lot for this department, but I strongly disagree with his actions," Bezotte said.

The alleged assault on his wife May 14 was not the first incident in which police were called to his Fowlerville-area home to settle a domestic dispute. She did not require medical attention in either case, police said.

"There was a prior incident being investigated that was referred to us," said 1st Lt. Tom Sands, commander of the Michigan State Police, Brighton Post. "That was ongoing and not investigated out of this post."

The case was handled by a detective in Lansing so not to give an appearance of impropriety, Sands said. State Police in Brighton work closely with Livingston Sheriff's deputies, he said.

Rodden was held in the Ingham County jail overnight before his arraignment in 53rd District Court on May 15.Rodden was released on $5,000 personal bond and ordered by District Judge Carol Sue Reader not to have any contact with his wife and not to handle any firearms.His attorney, Neal Neilsen, declined comment.

Rodden also coordinated the Shop With a Cop program providing needy children with Christmas presents.




















Deputy quits after assault allegations

Livingston Daily Press & Argus
By Lisa Roose-Church
DAILY PRESS and ARGUS
May 20, 2007
http://www.livingstondaily.com/apps/pbcs.dll/article?AID=/20070520/NEWS01/705200331

A Livingston County Sheriff's Department deputy resigned Friday amid allegations he physically assaulted his wife, and pulled out his service weapon during the alleged incident.

Sheriff Bob Bezotte said he was set to terminate Deputy Richard Rodden's employment after an internal investigation into the domestic violence allegations. However, Bezotte accepted the union's request on Rodden's behalf to resign instead, effective immediately. Bezotte declined to give specific details on the internal investigation, but did confirm that Rodden, who was on duty Monday during the alleged assault, pulled out his service weapon while arguing with his wife.

"He pulled his weapon on her several times" in recent months, Bezotte said, noting that the deputy did not directly threaten his wife with the weapon as far as he knows.

However, the implication was enough to warrant Rodden's termination in combination with "other details that emerged from the investigation about (Rodden's) inappropriate conduct," the sheriff said.

Bezotte also confirmed that at least one other domestic violence report had been filed with the Michigan State Police against Rodden, but he did not release details about the allegations.

First Lt. Tom Sands, Brighton post commander, was not available Friday for comment.

Efforts to reach Rodden on Friday were unsuccessful. His attorney, Neal Nielsen, said, "I don't make comments about my client's personal affairs."

Rodden pleaded not guilty Tuesday in Livingston County District Court to one count of domestic violence after a 911 call was made by his wife, Kimberly, from the couple's Fowlerville-area home one day earlier.

He is free on a $5,000 personal bond, with the conditions that he have no contact with his wife and he does not handle firearms.

The pretrial exam is set for June 4, and if there is no plea deal, jury selection is set for June 29. If convicted as charged, Rodden faces up to 93 days in jail.

Police arrested Rodden at his home in the Fowlerville area at about 4:15 p.m. Monday for allegedly physically assaulting his wife after the two argued when he went home for lunch.

Details have not been released, but police said Rodden's wife did not require medical treatment for any physical injuries.

The Michigan State Police, which investigated, referred calls to Livingston County Prosecutor David Morse, who was not available for comment Friday.Rodden, who was a K-9 officer, will be allowed to purchase his partner, Logan, from the Sheriff's Department, Bezotte said, noting that it is difficult to retrain a police dog with another handler.

Rodden's K-9 partnerships have been successful and his work helped move the Sheriff's Department's K-9 program into national recognition, Bezotte said.

Rodden, who has been with the department since August 1999, worked with K-9 Jari from July 2001 to February 2006.

Rodden also coordinated the Sheriff's Department's Shop with a Cop program each Christmas season in which Livingston County children are paired up with members of the law enforcement community to shop for presents at Wal-Mart in Genoa Township.

















LOCAL: Deputy resigns in wake of domestic violence allegation
Livingston Daily, MI - 19 hours ago
May 18, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070518/NEWS01/70518020

Livingston County Sheriff Bob Bezotte announced today that Deputy Richard Rodden has resigned from the Sheriff’s Department, effective immediately.

Rodden was arrested Monday on domestic violence charges.

He will be allowed to purchase his K-9 partner, Logan, from the department.Bezotte said an internal investigation on Rodden had been completed, and Rodden would have been terminated. Instead, Rodden chose to resign.














Deputy accused of domestic violence

By Lisa Roose-Church
DAILY PRESS & ARGUS
May 16, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070516/NEWS01/705160310/1002

The Livingston County Sheriff's Department is reeling from the arrest of Deputy Richard Rodden on Monday on domestic violence charges.

Sheriff Bob Bezotte said Tuesday that Rodden is one of his favorite deputies.

"This is the last officer I thought something like this would happen to," Bezotte said. "He's been a joy to have around."

Rodden is also known throughout the community for his K-9 partnerships with law enforcement dogs.

Rodden was arraigned on one count of domestic violence in Livingston County District Court Tuesday by Judge Carol Sue Reader. Bond was set at $5,000; Rodden was released on his personal recognizance with the stipulation that he have no contact with the victim and does not handle firearms.

Rodden is represented by Brighton attorney Nielsen, who did not return a call for comment by press time.

The pretrial exam in the domestic violence case is set for June 4, and jury selection in the case is set for June 29.

Police arrested Rodden at his home in the Fowlerville area at about 4:15 p.m. Monday. Police allege he physically assaulted his wife after the two argued when he went home for lunch. Details were not released.

Rodden's wife, whom police did not identify, did not require medical treatment for any physical injuries. Rodden is being held in the Ingham County jail to avoid any appearance of impropriety and for his safety.

The Michigan State Police, which investigated, referred calls to Livingston County Prosecutor David Morse, who said he could not comment because he had not yet seen the police report.

"It's unfortunate that this occurred; I wish the best for Rick and his wife and his family, and I feel bad he's going through this situation," Bezotte said. "On the other side, we deal with this, and Rick's dealt with it many times, and we all know this is unacceptable behavior. It's a black eye on law enforcement, certainly a black eye on this department. He'll be held accountable for his actions."

An internal investigation will be conducted and Rodden could face disciplinary action "up to and including termination," Bezotte said."You can't be a police officer and cross the line. The public expects more from us. I hold them (officers) to a higher standard. If you don't have integrity, you have no business being in this job."

Rodden's work with K-9 partnerships has been successful. He and his previous partner, Jari, placed in the top 1 percent at the U.S. Police Canine Association's National Detector Trials in Texas in 2005. They were also one of 35 canine teams working behind the scenes at the Super Bowl game in Detroit.

Rodden has been with the department since August 1999 and worked with Jari (pronounced Yah-dee) from July 2001 to February 2006, when Jari was placed into retirement due to a medical condition. Four days later, the dog was euthanized after an MRI indicated that he suffered from a malady in his spinal cord.

In that time, Jari, who was ranked No. 1 in Region 19 explosive detection, had successfully assisted the ATF with explosive searches as well as successfully located fireworks, handguns used in felonies and one explosive device.

In July 2005, Rodden and Jari also did explosives sweeps at Comerica Park for the Major League Baseball All-Star Game.Rodden's current K-9 partner is Logan, a German shepherd; as well as Kbar, Jari's daughter.

Rodden also coordinates the Sheriff's Department's Shop with a Cop program each Christmas season in which Livingston County children are paired up with members of the law enforcement community to shop for presents at Wal-Mart in Genoa Township.













Livingston County deputy held in domestic violence case
DetNews.com, MI
Valerie Olander
The Detroit News
May 15, 2007
http://www.detnews.com/apps/pbcs.dll/article?AID=/20070515/UPDATE/705150438/1003

A Livingston County Sheriff deputy has been suspended with pay pending an investigation stemming from a domestic violence arrest Monday at his Fowlerville-area home, Sheriff Bob Bezotte said today.

Richard Rodden, a seven-year veteran of the Sheriff's Department, was arrested by Michigan State Police about 4:15 p.m. Monday following an alleged physical assault on his wife. He is expected to be arraigned today, Bezotte said.

"All I know is there was domestic violence incident which rose to the level that he was arrested," Bezotte said.Rodden's wife did not need medical attention, he said.

Michigan State Police are handling the criminal investigation while the Sheriff's Department will be conducting an internal investigation.

The deputy is being held in Ingham County Jail instead of the Livingston Jail, where his co-workers operate the facility.



[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

Thursday, May 3, 2007

05032007 - Officer Romon Johnson - Suspension - Detroit PD



DETROIT POLICE OFFICER ROMON JOHNSON

Original charge: Felonious assault and felony firearm [April 27, 2007]

On May 03, 2007, Officer Romon Johnson was suspended from the Detroit PD for the April 27th domestic violence incident.



SEE ALSO:
Officer Romon Johnson: Felony warrant for bigamy, allegations that Officer Johnson threatened wife; and allegations that Officer Johnson shot at wife:
http://michiganoidv.blogspot.com/2005/01/officer-romon-johnson-detroit-police.html










Tuesday, May 1, 2007

05012007 - Detective Guy Picketts Jr - Calhoun County SD



Also See:
http://michiganoidv.blogspot.com/2004/12/officer-doug-graham-battle-creek-pd.html


An OIDV victim's horror story at the hands of Detective Guy Picketts Jr. [Calhoun SD]

December 16, 2004: Dispatcher Sonte Rounda Everson [Battle Creek PD] was sexually assaulted by her ex-boyfriend, Officer Doug Graham [also of the Battle Creek PD]. However, Sonte was afraid to report the incident, and did not report it for almost a year and only at the urging of her counselor.

September 2005: Dispatcher Everson reported the December assault to Detective Guy Picketts Jr. [Calhoun SD], who failed to properly investigate her complaint.

August 16, 2006: Everson filed a complaint against Detective Picketts for his failure to properly investigate her complaint.

August 22, 2006: Detective Picketts had Everson charged and arrested for filing a false police report [December 16, 2004 assault].

May 2007: At a court hearing, the charges for filing a false police report against Everson were dropped.

May 2007: As Everson was leaving the courthouse from having the charges dropped, Detective Pickett had her re-charged and re-arrested on new charges for filing a false police report.

February 2008: Charges of filing a false police report were once again dismissed against Everson.

August 12, 2012: Everson won a $1,000,000 lawsuit for the retaliation she was subjected to at the hands of Detective Guy Picketts.



"This has been a long ordeal. To survivors of sexual assault and domestic violence, know that you have the right to stand up for your life, no matter who the perpetrator is. Justice will eventually prevail." Sonte Rolina Everson.

           







Linda Everson, Named As "Linda (Sonte) Everson," Aka Sonte v. Calhoun County, et al
http://www.law.com/jsp/decision_friendly.jsp?id=1202489051659
6th Cir.
01-24-2011
Cole, Circuit Judge.
09-2183
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0053n.06
BEFORE: BOGGS, COLE, and CLAY, Circuit Judges.

OPINION

In this 42 U.S.C. § 1983 action for First Amendment retaliation, Defendant-Appellant Gary Picketts appeals on qualified immunity grounds the district court's order granting in part and denying in part his motion to dismiss and alternative motion for summary judgment.*fn1 For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

1. The Police Report & Initial Investigation of Graham In September 2005, Plaintiff-Appellee Linda Everson reported to the Calhoun County Sheriff's Office that, on December 16, 2004, her then-boyfriend Officer Doug Graham of the Battle Creek Police Department forcibly sodomized her during an otherwise-consensual sexual encounter. She stated that she had broken up with Graham and, unsure how to proceed, confided in friends, a counselor, and her physician about the sexual assault before finally deciding to file a police report.

Calhoun County Detective Guy Picketts handled the investigation into Graham's conduct. He interviewed Everson; several of Everson's friends and coworkers in the police department, all of whom confirmed that Everson reported being sexually assaulted by Graham; and Everson's doctor. He also interviewed Graham, who denied that the sodomy occurred and suggested that Everson filed the report out of spite when she found out that he was marrying another woman. Picketts interviewed Everson's friend Sheri Lemonious as well. Although Picketts reported in 2005 that Lemonious said Everson described the sodomy as consensual, Lemonious attested in 2009 that she told Picketts the opposite. Everson alleges that Picketts failed to interview several important witnesses during his investigation.

Picketts submitted a report of his investigation to the Calhoun County Prosecutor's Office, which recused itself on conflict-of-interest grounds. In January 2006, the Branch County prosecutor reviewed Picketts's report and declined to prosecute Graham for sexual assault.

2. Everson's Speech

Upset by the decision not to prosecute, Everson publicly criticized Picketts loudly and repeatedly, accusing him of not doing his job and being "just part of the good ole boy system." She mentioned her complaints to colleagues in law enforcement, at least one of whom relayed her statements to Picketts. Everson also met with Picketts's boss on August 16, 2006, to initiate a formal complaint against Picketts and sent a letter to the Calhoun County prosecutor on August 31, 2006, asking him to take action about her concerns regarding Picketts's investigation of Graham.

3. Picketts's Investigation & Arrest of Everson

Picketts began documenting Everson's comments in a new investigative report-this time against Everson. On August 22, 2006, Picketts interviewed Ethel Fitzpatrick ("Mrs. Fitzpatrick"), Everson's former friend, who stated that Everson had told her that the sexual assault had never occurred. Picketts did not confront Everson about the allegations, and eight days later, he requested an arrest warrant for Everson for the felony of filing a false police report. Everson alleges that Picketts opened the investigation against her before he interviewed Mrs. Fitzpatrick. Everson also alleges that Picketts lied about the first time he met Mrs. Fitzpatrick. Keith Fitzpatrick ("Mr. Fitzpatrick"), Mrs. Fitzpatrick's husband, asserts that at some point Picketts came to their house, told them that he had a personal dispute with Everson, and spoke with Mrs. Fitzpatrick at length and in private. Mr. Fitzpatrick attested that he could not remember whether the in-home meeting took place before or after the August 22, 2006 interview. But he also stated that he had never seen Picketts before the in-home meeting, and both Fitzpatricks were present for the August 22, 2006 interview.

Calhoun County did not recuse itself from the case against Everson, but rather charged her with filing a false police report. After a preliminary hearing, the Michigan district court found probable cause that Everson had committed the crime and bound her over to the circuit court for trial. The circuit court quashed the bind-over and dismissed the case for lack of evidence. Everson was then rearrested on the same charges, and the case was transferred to Kalamazoo County. On February 1, 2008, the Kalamazoo County Prosecutor dismissed all charges against Everson "in the best interests of justice."

B. Procedural History
Everson filed a complaint against Calhoun County, the prosecutor, and Picketts (collectively, "Defendants") under § 1983, alleging that their actions (1) violated her equal protection rights; and (2) constituted illegal retaliation for the lawful exercise of her First Amendment rights. In response, Defendants filed a motion to dismiss and, in the alternative, a motion for summary judgment. After oral argument, the district court issued an order (1) dismissing the equal protection claim; (2) dismissing the retaliation claim against the prosecutor on absolute prosecutorial immunity grounds; (3) denying the motion in all other respects as to Picketts; and (4) denying the motion in all other respects as to Calhoun County without prejudice to renewal of the motion after the close of all discovery. Picketts filed this appeal, alleging that the district court erred in failing to dismiss all claims against him on qualified immunity grounds.

II. DISCUSSION

A. Standard of Review

This court reviews a district court's denial of summary judgment on qualified immunity grounds de novo. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). "We may only review the denial of qualified immunity to the extent that the 'appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law.'" Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008) (quoting Gregory, 444 F.3d at 742). The defendant must "be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Moldowan v. City of Warren, 578 F.3d 351, 370 (6th Cir. 2009).

B. Analysis

In determining whether qualified immunity applies, this court employs a two-step test, considering (1) whether, viewing the allegations in the light most favorable to the injured party, a constitutional right has been violated; and (2) whether that right was clearly established. Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008). We have discretion to undertake the steps in either order. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009).

It is clearly established that "the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a prima facie First Amendment retaliation claim, Everson must establish (1) protected speech; (2) injury as a result of defendant's actions; and (3) causation. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).

Picketts first argues that Everson's allegations do not constitute a prima facie retaliation claim because they fail to establish a lack of probable cause, an element of causation. He is correct that § 1983 claims for retaliatory prosecution and arrest fail as a matter of law if the defendant had probable cause. See Hartman, 547 U.S. at 261-62 (Bivens claim for retaliatory prosecution); Barnes v. Wright, 449 F.3d 709, 720 (6th Cir. 2006) (retaliatory arrest). Probable cause exists when an officer has reasonably trustworthy information sufficient to warrant a prudent person in believing that a suspect has committed a crime. Gardenhire v. Schubert, 205 F.3d 303, 315 (6th Cir. 2000). In determining whether probable cause existed in this case, we examine the totality of the circumstances from the perspective of the arresting officer at the time of the arrest. Parsons v. City of Pontiac, 533 F.3d 492, 501 (6th Cir. 2008). In § 1983 actions, the existence of probable cause is a jury question unless only one reasonable determination is possible. Id. (citing Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002)).

In this case, there are genuine disputes of material fact about whether Picketts intentionally changed Lemonious's statement in his report, spoke privately with Mrs. Fitzpatrick in her home at length before she gave her formal statement, and influenced the content of Mrs. Fitzpatrick's statement. Viewing the facts in the light most favorable to Everson, a reasonable jury could find that, at the time Picketts sought an arrest warrant for Everson, the information he had collected against her was not reasonably trustworthy. Because more than one reasonable determination as to probable cause is possible, it is therefore appropriate to allow the case to proceed to trial.

Picketts's argument that this court should accept the prosecutor's and state court's findings of probable cause as evidence that probable cause existed is inapposite. Because these probable cause determinations were based only on the evidence that Picketts included in his report-which did not describe the circumstances, as alleged by the plaintiff, surrounding Lemonious's and Mrs. Fitzpatrick's statements-we do not find them probative to the issue of whether Picketts had sufficient reasonably trustworthy information at the time of the arrest.

Picketts also contends that the district court's finding that genuine issues of material fact exist was erroneous because it relied on a series of unreasonable adverse inferences and omitted a number of relevant facts. But the "contention that the district court erred in finding a genuine issue of fact for trial is not the type of legal question which we may entertain on an interlocutory basis." Gregory, 444 F.3d at 743. Although this court has recognized an apparent exception "'where the trial court's determination that a fact is subject to reasonable dispute is blatantly and demonstrably false,'" Moldowan, 578 F.3d at 370 (quoting Wysong v. Heath, 260 F. App'x 848, 853 (6th Cir. 2008)) (internal quotation marks omitted), that exception does not apply here. The district court noted the following disputed facts, among others: (1) when Picketts opened his investigation into Everson; (2) whether Lemonious told Picketts that Everson said she had not been raped; and (3) when and how Mrs. Fitzpatrick surfaced as a witness. All of these facts are material to the existence of probable cause. These facts are also genuinely in dispute: each party answers these questions differently, each party's allegations of fact are supported by witness statements, and no objective evidence makes one party's allegations obviously false. Cf. Scott v. Harris, 550 U.S. 372, 380-81 (2007) (finding no genuine dispute of material fact where video evidence blatantly contradicted the plaintiff's allegation that he was driving carefully). Because the district court's finding of genuine issues of material fact was not blatantly and demonstrably false, we lack jurisdiction to undertake further review in this regard.

III. CONCLUSION

For the reasons discussed above, we AFFIRM the judgment of the district court denying Picketts's motion for summary judgment.

Opinion Footnotes

*fn1 Defendant Calhoun County appealed the district court's determination that it was not entitled to sovereign immunity, but withdrew its appeal of this issue at oral argument.