Post News . Share Ideas . Inspire Innovation . Get Informed . Get Involved



Showing posts with label sexual assault by police. Show all posts
Showing posts with label sexual assault by police. Show all posts

Thursday, June 6, 2013

Marcus Jackson Civil Trial on Monday's Schedule


CIVIL COURT:  ANOTHER OPPORTUNITY FOR TRANSPARENCY

Marcus Jackson (NCDOC photo)
While sexual predator and former Charlotte Mecklenburg Police Officer Marcus Ramon Jackson has long been released from his short sentence behind bars, the last known civil suit related to his actions while on the job is still set to come before the Court.  While a jury trial was originally called, documents filed more recently show a bench trial is set for Monday, June 10, 2013 in the U.S. Western District Court of North Carolina before the Honorable Judge Graham Mullen at 10:30 a.m.

Judge Mullen set out at number of specific requirements in the order shown below on May 25th, including a requirement to discuss the possibility of settlement.  However the trial remains on the court schedule as of 6/6/13.  All subpoenas were to be issued immediately and there are orders about how evidence and exhibits are to be prepared and distributed.

Smith & Arnold will be representing two women as consolidated plaintiffs.  Marcus Jackson does not have an attorney of record.

Chief of Police Rodney Monroe will be well-represented on the dime of Charlotte tax funds by two attorneys from Womble Carlyle:  James P. Cooney, III and Marcey Rose Selle, along with Richard Harcourt Fulton representing the City of Charlotte
 
TRANSPARENCY AND ACCOUNTABILITY

Read in this prior post more details about Jackson’s lengthy list of crimes, Monroe’s false statements to the public about his involvement with Internal Affairs about Jackson’s earlier known activity, and restraining orders that had been granted before Jackson was even a police officer.  Monroe admitted Jackson should never have been admitted to be an officer.  The post also talks about millions in settlements and fees paid to attorneys, not to mention the internal attorneys’ fees, employees’ time spent in deposition and preparation for those… it’s lots of money to add to the trauma induced by at least one bad actor with a badge.

Some on Charlotte’s City Council at the time voiced a desire to see Jackson’s personnel file and perform an investigation into how Chief Monroe and Internal Affairs had handled the entire matter, as well as how the hiring process was run.  In the end, they inexplicably voted not to know how this critical part of the city was being run.


DOUBLE JEOPARDY:  DO THE RIGHT THING NOW, JACKSON

Citynewswatch editorial staff would argue the sentence Jackson received was nowhere near long enough for the offenses committed under color of law he committed.  He is now out of jail.  He’s a registered sex offender.  Those are the facts.
He can not be tried again.  He probably does not have any appreciable assets to be held in civil judgment, so if he is making any effort to reform and repent, the decent thing to do would be to get on the stand and TALK.  For the women involved, freely admit to and document everything he did to them specifically.

For the department, there is a long list of things that happened leading to his hiring and retention which shouldn’t have happened.  He knows it.  We know it.  Monroe and others have admitted to some of them (after being caught and forced to) but nobody has the full story.  All the other cases were settled, and so there was no public testimony about his hiring, who may have sponsored him, if he received any special conditions on hiring, why his falsifying reports was permitted, if there were others we don’t know about still, if he did in fact inform anyone about his restraining order before being hired or at any other time, etc… 

It’s past time to finish cleaning house.

It’s going to be very interesting to see who’s on the witness list.  Let’s hope some of the local media cover this trial.




UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRIT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-CV-237

JANADA BRIANNA PUTMON, )
Plaintiff, )
)
v. )                               O R D E R
)
CITY OF CHARLOTTE, et al, )
Defendants. )


THIS MATTER IS BEFORE THE COURT ON ITS OWN MOTION. This case is set for trial on Monday, June 10, 2013, at 10:30 a.m. The parties are hereby directed as follows:
1.         By Monday, May 13, 2013 at 4:00 P.M. the parties are required:
(a) To discuss the possibility of settlement.
(b) To exchange copies of exhibits, number and become acquainted with all exhibits and agree to the extent possible on the authenticity of exhibits.
(c) To file a trial brief and a joint statement of the issues remaining for trial.
(d) To file proposed findings of fact and conclusions of law in all non-jury matters.
2.         You will be expected to comply with the provisions of the pretrial order regarding trial preparation. COUNSEL ARE NOTIFIED THAT FAILURE TO COMPLY WITH DEADLINES WILL RESULT IN SANCTIONS.
3.         All cases are subject to call for trial when reached, regardless of their position on the calendar. As this is a bench trial, no jury will be selected.
4.         Issue any needed subpoenas immediately upon receipt of this Order.
5.         When presenting judgments or orders for the trial judge’s signature, you are required to submit them in Microsoft Word format via CyberClerk. If you are not a registered ECF user, or if are appearing pro-se, you need to show that you have sent copies to opposing counsel and to submit the original and three copies for the use of the Court, plus sufficient copies for all counsel of record in the case. Upon entry of the judgment, the Clerk will at that time serve the filed copies to counsel.
6.         Exhibits: Parties are expected to use presentation technology available in the courtroom to display evidence to the jury. Training on the equipment should be arranged well in advance of trial with the courtroom deputy. See “Courtroom Technology” link on the district website at www.ncwd.uscourts.gov. Counsel shall provide in electronic format any exhibits of documents, photographs, videos, and any other evidence that may be reduced to an electronic file, for the use of Court personnel and the Court’s Jury Evidence Recording System (JERS) during trial. Documents and photographs shall be in .pdf, .jpg, .bmp, .tif, or .gif format; video and audio recordings shall be in .avi, .wmv, .mpg, .mp3, .wma, or .wav format. Each electronic exhibit shall be saved as a separate, independent file, and provided to the Court on a storage device, such as cd, dvd, or flash drive. Exhibit files shall be named consistent with their order and name on the exhibit list. For example:
Exhibit 1 - photograph of....
Exhibit 2(a) - contract
Exhibit 2(b) - video deposition of....
7. If you have or discover a serious objection to trial which you think ought to result in a postponement, please file your motion to continue electronically or in writing if you are not a registered ECF user or if you are appearing pro-se.

IT IS SO ORDERED.

Signed: April 25, 2013


Friday, May 18, 2012

CONVICTED SEXUAL PREDATOR, FORMER POLICE OFFICER TO BE RELEASED SOON


Marcus Jackson, NC Dept. Corrections
FORMER CMPD OFFICER RELEASE EXPECTED SOON.  LAWSUITS STILL NOT SETTLED

Former CMPD Officer Marcus Jackson is scheduled to be released from NC Department of Corrections May 25th, 2012.  Jackson was convicted in connection with charges of pulling over women while armed and in uniform in a Charlotte Mecklenburg Police Department squad car in order to sexually assault at least six different women—one teenage girl—and forcing one woman’s boyfriend to do things to her while Jackson watched.  His full list of charges and convictions is below.  Part of Jackson’s plea agreement requires him to register as a sex offender. 

You can read the stories of exactly what Jackson did in old news reports, including the trauma he caused his victims, the shame he brought to his uniform, and the nearly $700,000 dollars in civil judgment costs the entire series of crimes and bad supervisory decisions cost the city so far.

Jackson will be free on these charges to mix and mingle with visitors and citizens for the DNC 2012 Convention, which must be awkward for Mayor Foxx and the Charlotte City Council.


LAST CIVIL CASE GOING TO TRIAL JANUARY 2013

This week, attorneys for the last two remaining known Jackson victims who filed civil suits announced they have been unable to reach a reasonable settlement with the city.  Trial is expected to be scheduled for January, 2013.


JACKSON’S PRIOR KNOWN DISCIPLINARY PROBLEMS

Jackson’s sentence was shockingly short for the sexually-based crimes committed under color of law (see all charges at the end of the post). 

Chief of Police Rodney Monroe first tried to say he had no idea there was any problem with Jackson and no record of disciplinary action after hiring Jackson.  In January, 2011, Monroe admitted only to knowing of ONE incident of disciplinary action against Jackson.  However, just after that, proof documenting Monroe’s knowledge of TWO incidents of disciplinary action for lying on police reports was exposed.

Chief Monroe stayed on as Police Chief.

More truth that has come out:  Jackson’s background showed a domestic violence order where a judge ordered he shouldn’t be permitted to carry a gun and another documented a 911 call by his then-wife when Jackson broke down the door of her apartment. 


CHIEF MONROE ADMITTED “ERRORS,” BUT NOT NECESSARILY ALL

It’s disheartening that the citizens of Charlotte must keep catching untruths and finding documents to expose the truth, rather than getting information directly, promptly, and ethically from the people that should be delivering it. 

Marcus Jackson’s case is one extremely tragic example of the kind of result that can happen when the checks and balances aren’t set up properly and the emphasis is on clean sweep of appearances rather than clean sweep of the organization, all the way to the top.  It’s disheartening for all the honest officers working and sacrificing for our safety to be yoked with this type of behavior from “leadership,” and to have no support from management to fix it.


PROBLEMS AT THE POLICE ACADEMY CONTINUE

Just after the documents showing Monroe knew about both disciplinary issues were exposed, Monroe did an interview with WCNC’s Sonja Gantt (Feb. 22, 2010) and spoke of his officer’s arrest:

"I was highly offended," Chief Rodney Monroe said about hearing of the arrest of Officer Marcus Jackson… it's so hard when somebody breaks that trust and respect. It's not just about violating a policy or law, it's more about violating that trust," Monroe said.

He also stated:

"We need to get to know the people that we are hiring," he said.

.   .   .
Jackson had been on the force for less than a year. His case led to changes at the training academy. The chief has added staff and ordered a change in how background checks are done.

.   .   .
"A lot of it was being done by the phone. I call up a reference, I call up an employer and get what I get, and some of that needs to have some face-to-face so that you can see people's expressions," Monroe said.

Of course, that wouldn’t have had anything to do with admitting Jackson to CMPD without checking the restraining orders.  We, the public, still don’t know if Jackson passed psychological tests or lie detector tests.  Monroe and the City of Charlotte are still in complete denial about the “missing” documents from Academy of over 500 officers, which include psych tests, lie detectors, finger prints, background checks, medical tests, and other information.  There is no word yet whether any of these records have been located or at what time they were last accessed.

Monroe still hasn’t provided any explanation for why an apparently “clean” recommendation for hiring was presented to the Citizen Review Board when Jackson had a record of restraining orders.  Based on reviewing Board meeting minutes, it seems only a few minutes in many cases are spent for whole meetings to review multiple case files of those to be hired, which doesn’t seem enough time to review, discuss, and consider nominees thoroughly as is needed for important jobs in our Police and Fire Departments.

Of course, Monroe never provided any public explanation for his misstatement about the disciplinary action he was clearly informed of… and City Council has not publicly forced City Manager Curt Walton to explain, either.  Maybe we’ll get answers in January, 2013.


CHIEF MONROE’S RESPONSIBILITY TO INVESTIGATE, REPORT TRUTHFULLY

There is a history in Chief Monroe’s Police Dept. of denying misconduct and trying to cover and minimalize as long as possible until proof is leaked.  Even then, his machine goes into overtime burying proof and it’s likely we wouldn’t know about Jackson unless a conscientious CMPD employee put out the Internal Affairs memos proving Monroe knew about past problems.

CMPD 2011 INTERNAL AFFAIRS REPORT STILL NOT POSTED

Where is the 2011 CMPD Internal Affairs Report?  It’s not posted on the Charmeck.org web site yet and it is nearly June 2012. 

Allegations remain of punitive measures taken by management against some officers that don’t go along with covering up this type of behavior, in order to quash whistleblowing.  Similar claims have been made regarding those who refuse to lower crime statistics artificially before they are fed to the public, among other things.  These allegations range from trumped up disciplinary action to stifling career moves.


Some facts about the internal operations of the CMPD have already come to light in court and under oath.  It appears more are to come.


JACKSON’S DEPARTMENT OF CORRECTIONS CHARGES OF RECORD:
Commitment            Docket#    Offense (Qualifier)                  Offense Date           Type        Sentencing Penalty   Class Code
Initial                                     09262383 sex offse sub parent/custodian (principal)               12/30/2009  felon   class e
Consolidated for judgment       09262381 sexual battery (principal)         12/30/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       09262386 fel restraint of a minor (princ)12/30/2009  felon     class f
Consolidated for judgment       09262387 extortion (principal)  12/30/2009  felon   class f
Consolidated for judgment       09262389 sexual battery (principal)         12/30/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       09262390 fel restraint of a minor (princ)12/30/2009  felon     class f
Consolidated for judgment       09262392 fel restraint of a minor (princ)12/30/2009  felon     class f
Consolidated for judgment       09262393 sexual battery (principal)         12/30/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       10005108 sexual battery (principal)         11/29/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       10005109 sexual battery (principal)         12/28/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       10005110 sexual battery (principal)         12/28/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       10200682 sexual battery (principal)         11/03/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       10200684 sexual battery (principal)         12/29/2009  misd.   Class a1 misdemeanor ss
Consolidated for judgment       10200686 fel restraint of a minor (princ)12/29/2009  felon     class f
Consolidated for judgment       10200688 interfering w/ emergency commu (princ) 12/29/2009 misd. Class a1 misdemeanor ss

Inmate Summary
Arrest #:   01437672                Prisoner Type:         STATE INMATE        
PID #:      0000386022             JID #:       09-041931              
Name:      JACKSON, MARCUS RAMON      Alias:                     
Race/Sex:               B/M         Date of Birth:           1/12/1984             
Height:     511"         Weight:    200         
Address:   CHARLOTTE NC 00000

001          114901
6310A      SEXUAL BATTERY - BY FORCE/AGAINST WILL
05/18/2010 09:00 AM             REL
5000       
SEC          09CR262381            I
002          112402
1150B      SEX OFFENSE - 2ND DEGREE BY FORCE AGAINS
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262383            I
003          102000
1150B      KIDNAPPING
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262386            I
004          211000
1150B      EXTORTION
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262387            I
005          360500
1150B      INDECENT EXPOSURE
12/31/2009 01:00 PM             REL
5000       
VDGJ       09CR262388            B
006          114901
1150B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262389            I
007          103000
1150B      FELONIOUS RESTRAINT
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262390            I
008          103000
1150B      FELONIOUS RESTRAINT
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262392            I
009          114901
1150B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
12/31/2009 01:00 PM             REL
50000     
SEC          09CR262393            I
010          114901
1150B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
01/06/2010 01:00 PM             REL
5000       
SEC          10CR200682            I
011          114901
1150B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
01/06/2010 01:00 PM             REL
5000       
SEC          10CR200684            I
012          103000
1150B      FELONIOUS RESTRAINT
01/06/2010 01:00 PM             REL
50000     
SEC          10CR200686            I
013          536100
1150B      INTERFERE EMERGENCY COMMUNICATION
01/06/2010 01:00 PM             REL
3000       
SEC          10CR200688            I
014          114901
5350B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
12/09/2010 01:00 PM             REL
4500       
SEC          10CR005110            I
015          114901
1150B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
01/28/2010 01:00 PM             REL
4500       
SEC          10CR005109            I
016          114901
1150B      SEXUAL BATTERY - BY FORCE/AGAINST WILL
01/28/2010 01:00 PM             REL
4500       
SEC          10CR005108            I
017          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       10CR005110            I
018          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       10CR005109            I
019          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       10CR005108            I
020          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       10CR200682            I
021          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       10CR200684            I
022          536100     INTERFERE EMERGENCY COMMUNICATION               SENT       
NONE       10CR200688            I
023          103000     FELONIOUS RESTRAINT            SENT       
NONE       10CR200686            I
024          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       09CR262389            I
025          103000     FELONIOUS RESTRAINT            SENT       
NONE       09CR262390            I
026          103000     FELONIOUS RESTRAINT            SENT       
NONE       09CR262392            I
027          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       09CR262393            I
028          112402     SEX OFFENSE - 2ND DEGREE BY FORCE AGAINS        SENT       
NONE       09CR262383            A
029          102000     KIDNAPPING            SENT       
NONE       09CR262386            I
030          211000     EXTORTION             SENT       
NONE       09CR262387            I
031          114901     SEXUAL BATTERY - BY FORCE/AGAINST WILL          SENT       
NONE       09CR262381            I
                                             1099                       HLD-67725              I
                                             CMPDEM                  HLD-66943              I
                                             1099                       HLD-67047              I
               MIN          MAX        
Ref          Case        CSL   CNS  Begin  YY  MM  DD  YY MM  DD  TP  Earn   Cred  0  End           
001          09CR262381           
002          09CR262383           
003          09CR262386           
004          09CR262387           
005          09CR262388           
006          09CR262389           
007          09CR262390           
008          09CR262392           
009          09CR262393           
010          10CR200682           
011          10CR200684           
012          10CR200686           
013          10CR200688           
014          10CR005110           
015          10CR005109           
016          10CR005108           
017          10CR005110           
018          10CR005109           
019          10CR005108           
020          10CR200682           
021          10CR200684           
022          10CR200688           
023          10CR200686           
024          09CR262389           
025          09CR262390           
026          09CR262392           
027          09CR262393           
028          09CR262383            12/9/2010    25  39 STRUCTDOC  344     3/13/2013             
029          09CR262386           
030          09CR262387           
031          09CR262381