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Baltimore police officer falsely accused of rape is reinstated

CommentsComment on this article
Jul 13, 2008 12:00 AM (92 days ago) by Luke Broadwater and Stephen Janis, The Examiner
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Related Topics: BALTIMORE
Baltimore Police Sgt. Robert Smith’s lawsuit accused the department of defamation.
(Kristine Buls/Examiner File)
Baltimore Police Sgt. Robert Smith’s lawsuit accused the department of defamation.

BALTIMORE (Map, News) - A Baltimore police sergeant falsely accused of rape by the department has been formally reinstated as part of a settlement with the city, sources familiar with the case told The Examiner.

Sgt. Robert Smith, a 13-year veteran who was charged administratively with a sex offense that city prosecutors say he could not have committed, is now working for the city’s Warrant Apprehension Task Force, officers said.

Smith’s reinstatement is part of a broader settlement that includes a $200,000 cash payment, a formal apology and the duty assignment of his choice, the sources said.

City Solicitor George Nilson said he could not talk about the agreement. Smith’s attorney, Clarke Ahlers, also said he could not comment.

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In March, Ahlers made public the administrative charges against Smith, which Smith’s attorney said were retaliation for refusing to drop a $1.5 million defamation lawsuit against the city.

The conflict between Smith and the department centered on an application for a search and seizure warrant leaked to the media during an investigation of the Southwest District Flex Squad that alleged Smith was violating drug laws, though no drugs were found in his possession during the search.

Smith sued, claiming he suffered “public ridicule, scorn, dishonor and embarrassment” — and won the right to pursue his defamation case from Maryland’s highest court.

On Feb. 20, Karen Hornig, the former chief legal counsel for the police, wrote Ahlers and offered to allow Smith, who is on administrative duty, to “return to the streets” in exchange for dropping the lawsuit.

After Smith refused, the department charged him administratively Feb. 27 with helping former officer Jemini Jones sexually assault a woman in a station house Dec. 27, 2005. Jones had already been acquitted of the rape charge by a city jury.

Records from the trial and an official duty roster show Smith, a supervisor in the Southwest District Flex Squad, was on vacation during the alleged incident.

Baltimore prosecutors say Smith was “never implicated in any way.”

lbroadwater@baltimoreexaminer.com

sjanis@baltimoreexaminer.com

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Comments from Examiner Readers

6:26 PM MST on Fri., Oct. 3, 2008 re: "Lawyer: Baltimore police officer falsely accused of rape as ‘payback’"

 Rob said:
I am glad to see a person that was falsely accused is getting redeemed. Thank God. www.ThrowNoStone.com

 Vote on this comment: I agree or I disagree

9:57 PM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 johnn said:
now that we know that the baltimore city police department,its legal system,its internal affairs division pratice discrimination aganist black police officers,what is shela dixson going to do about the 17 black police officers that have been suing this department for the last 3 years,is she going to step up to the plate and make things right,or is she going to walk away and egnor the problem

 0 agree | 1 disagree
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9:42 PM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 johnn said:
i would hope that mr smith goes after karen horning,if he doesnt then she got away with discrimination,and she broke some federal laws.i hope he sues her civialy

 Vote on this comment: I agree or I disagree
9:37 PM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 johnn said:
i dont hear karen horning making a apology,or martin omalley making a apology,and you know why,because this is the kind of racist behavor omalley condoned while he was mayor of baltimore city.and robert smith need not aplogize for anything..IId is told to lie,when they want to get you,ask tuffy,or debbie owens,or mary eilerman,or joe smith,or sean malone,or ed norris.you dont know what its like to work for a racist mayor,untill you have worked for martin omalley,who is now your govenor,i dont vote for racist

2 agree | 1 disagree
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1:29 PM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 What the ? said:
They should have never been charged. IAD did such a poor job and now I am more convinced than ever that they are totally inept. How do you charged those officers that weren't even involved? Add to that, and in a week's time, Ofc. Hill was exonerated of a second degree assault charge against one of their own. Someone in Internal Affairs is not playing right and they are going after folks that are innocent. Does anyone have a clue how to implode that office? Whats next, believe that they are credible and doing a great job? They are going to cost this city millions before anything can get done. Good job internal affairs!!! You cops need to be investigated. Or do you all take orders from political pundits without regard to what's right? That's why having a mayor run a department sucks!!!

2 agree | 0 disagree
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10:33 AM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 African American Woman said:
I am glad that these officers got paid. When is somebody going to investigate how much this improper Police behavior is costing the tax payer?

1 agree | 0 disagree
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7:57 AM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 Examiner Reader said:
The Undertaker is a lawyer.

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7:40 AM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 Examiner Reader said:
Undertaker, I find it funny that you do seem to like them and feel they are unprofessional. I will have to take your word for it though, since I have never had any dealings with any of the FLEX squads. Thats probably because I am a law abiding citizen and respect the BCPD when dealing with its officers. Why do you seem to have so much contact with the FLEX squad, what are you doing to be confronted by the police so much?

 Vote on this comment: I agree or I disagree
5:18 AM MST on Thu., Aug. 7, 2008 re: "Police apologize after falsely accusing veteran"

 The Undertaker said:
Vickie Mengel is a true scumbag. He shouldn't be on the force. I have dealt with him several times and always found him very unprofessional. Anyone involved with the SWD Flex Unit should be fired. They were an extremely unprofessional group of rogues.

0 agree | 2 disagree
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7:10 PM MST on Sun., Jul. 13, 2008 re: "Baltimore police officer falsely accused of rape is reinstated"

 Examiner Reader said:
Good I'm glade he got his job back. I hate when departments jump to conclusions before they have all the facts. At least this time it was an Officer that got paid and not some scum bag hood rat that never worked.

 2 agree | 2 disagree
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7:49 AM MST on Thu., Apr. 24, 2008 re: "Positive review counters police’s feud with officer, lawyer says"

 Examiner Reader said:
It never ends does it? Boy do I wish for the days when a police officer was a police officer.

 2 agree | 2 disagree
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12:15 PM MST on Sun., Mar. 30, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Hunch Back said:
What about the police union, this case is a slam dunk, the union (Mr. Blair) should be shoving this one up the Baltimore Police Dept a... This case should not be based on whether the officer is black or white but, what's right and wrong. When people are charged with crimes that they did not commit and the accuser consistently stick by their lies, we have major problems within our criminal justice system. I can't imagine how this officer fills with his reputation being painted as a RAPIST when everybody knows the entire story is a lie. The union shold get off their a.. and shove this right back up city hall's a.......!

 4 agree | 2 disagree
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9:39 PM MST on Sat., Mar. 29, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
John, you are correct. What happens with white officers who commit worse violations is what the BPD calls 'administratively closed'. No investigation, they just put the file away. Some of these files are what was shredded for the Federal case going on right now.

 5 agree | 2 disagree
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9:36 PM MST on Sat., Mar. 29, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
How many whites are in leadership positions within the NAACP. The NAACP tells the rest of the world to be inclusive, but they themselves are racially segregated. Who are the real racists? Actually most of the Board of Directors are white .... or didn't your silly butt know that?

 3 agree | 3 disagree
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10:51 AM MST on Fri., Mar. 28, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
hope he wins his lawsuit, look @ Kevin Clark situation when O'Malley fired him after supporting him for months....keep on taking the cities money, politians in the city & state are all in someones back pocket.

 6 agree | 2 disagree
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10:35 AM MST on Fri., Mar. 28, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
This is retaliation. Look at the chain of events, it doesn't take a dummy to figure this one out.

 4 agree | 2 disagree
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10:33 AM MST on Fri., Mar. 28, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
You know I think it is very cumbersome for this department to keep up with all the things that are going on with in it. They eagerly exposed him of these false allegations but, what about the other devil in the department that has not been exposed that the mayor is sitting on.

 3 agree | 2 disagree
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8:22 AM MST on Fri., Mar. 28, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
If all they have is Neglect of duty the statue of limitations is up. Have they considered that?

 3 agree | 2 disagree
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6:02 AM MST on Fri., Mar. 28, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
Has anyone thought about how these false charges would effect the family of Sergeant Smith? They are hurting as well. Did Hornig consider that when she wrote the lies on Sergeant Smith? I don't think so.

 8 agree | 2 disagree
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5:04 AM MST on Fri., Mar. 28, 2008 re: "Baltimore police dropping sex abuse case against sergeant"

 Examiner Reader said:
First of all...there isn't a black officers union. The Vanguard does not have bargaining rights. They are a social organization no different from the Police Emerald Society. The Vanguard is definately more active and vocal in protecting its group but, they still are not a union.

 2 agree | 2 disagree
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3:51 PM MST on Wed., Mar. 26, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader Wayne L said:
Is there a white police officer's union ? Or could it be illegal to have a white union ?

 2 agree | 3 disagree
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2:34 PM MST on Wed., Mar. 26, 2008 re: "Baltimore black police officers’ union wants lawyer, investigator out"

 Tru Life said:
Can someone please lock 'Crock Cheat'em' in a closet with a grammar book. It sickens me that the large majority of the black establishment in this city are so inarticulate. And the only time I see these people are when they feel that a white is doing a black injustice. Newsflash.....we perform injustices upon each other in this city all day, every day! Where are these clowns then? Stop playing the role of victim and perhaps we, as a people can garner respect in this world.

 3 agree | 4 disagree
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11:01 AM MST on Tue., Mar. 25, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Reader said:
9:18 Depends on whos asking?

 2 agree | 2 disagree
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9:18 AM MST on Tue., Mar. 25, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Ken J. Bower said:
Amazing this is the 21st Century and Bias by Race still exsist??? When will America ever come together as One Nation equal under God for all? Or as the Consitutition says , "All Men are Created Equal" This racial Bias is getting Old! Time for America to Grow-up and move beyond Race as an issue! Time for All Americans to respect each other for the Pride and Glory of this Great Nation! I hope that is Not too much to ask for????

 4 agree | 3 disagree
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10:57 PM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
What does the NAACP letters stand for? Is it some kind of CODE? Please help me I'm new here.

 2 agree | 2 disagree
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7:25 PM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
norris also has become a first-rate interviewer/commentator/radio journalist. kudos, ed. this town needs you.

 4 agree | 4 disagree
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5:05 PM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Reader said:
Smith is stalker like Bush. Charge him with stalking.

 3 agree | 2 disagree
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3:37 PM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
How about George Nilson's comment in the Sun today. He admits that Smith was not there when the rape took place. Okay. Smith wasn't there. Smith could not have done the rape. So DROP the charges and PAY THE MAN.

 5 agree | 3 disagree
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2:23 PM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Reader said:
Commissioner Ed Norris is reinstated, in the media. Crime will never go down unless we have people like Ed in the City!!

 2 agree | 3 disagree
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9:36 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
The only police commissioner that has done a great job was ED NORRIS.There will never be another one like him,so our City is ******.Also this is not a race issue.But lieve it up to the NAACP to call it that.ED NORRIS should be reinststed.

 5 agree | 3 disagree
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7:40 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
How is this fair to the current Commissioner. He did nothing wrong and they are going to take his job away. I don't think so! We actually have a guy in there that is doing a good job. Not as good of a job as Ed Norris but better then the past commissioner's. Why get rid of him for a guy who did nothing for the police before. Forget about the charges he was bad at his job. Let Bealefeld finish his term and have Smith reapply like everyone else.

 2 agree | 3 disagree
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7:13 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
How many whites are in leadership positions within the NAACP. The NAACP tells the rest of the world to be inclusive, but they themselves are racially segregated. Who are the real racists?

 11 agree | 3 disagree
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7:04 AM MST on Mon., Mar. 24, 2008 re: "Councilman probes officer rape charge"

 Examiner Reader said:
hey johnn, with 2 n's.. i believe that you will find a number of blacks in command posts around the country. and, considering that the country is only maybe 15% black, then it is statistically correct to have only about 15% of the higher jobs going to blacks. best man for the job, johnn, if it so happens that it is usually a whit man, then that's because they are usually better educated, and more competent to make better decisions. that, my friend, is just the way it is!

 5 agree | 4 disagree
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6:59 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner Reader said:
give him his job back, of course. publically apologize, for sure. but tell the NAACP to stay the hell out of it. i dont think they fired him for being black.

 3 agree | 4 disagree
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5:27 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 avid reader said:
City hall knows how to mess up someone's life, but they can't help put it back together. What a shame for the Mayor and Police dept.

 5 agree | 3 disagree
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5:11 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused Baltimore police officer should be reinstated"

 Examiner reader said:
Restore this man's job, his reputation and our faith that those responsible for attempting to smear him will be found out and punished accordingly!

 3 agree | 3 disagree
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2:16 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused officer should be reinstated"

 avid reader said:
it should be done today with a big apology.

 8 agree | 2 disagree
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1:11 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused officer should be reinstated"

 Irate Taxpayer said:
Once again as I have stated before its time for sweeping changes in the upper echelons of the BPD. Its sad but the agency would be better served by hiring an outsider such as Charles Ramsey, who would look at the agency objectively, not an insider who sees things through the "rose colored good old by glasses". I have to agree with Doc Cheatham and Kevin Clark on the Sgt. Smith issue. Sgt. Smith deserves to have his status to full duty restored and his day in court without fear of retribution.

 7 agree | 3 disagree
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12:45 AM MST on Mon., Mar. 24, 2008 re: "Councilman probes officer rape charge"

 johnn said:
why is it that there are only white commanders in charge, running the internal affairs office,ill tell you why, so when one of there white buddies gets in trouble this white commander can get him out..the worst thing you as a citizen or a police officer can do is let the internal affairs division know about a problem you are having...they lie,false- a- fy offical doucuments,make false arrests,give false testimony, and will even black mail crimminals,and get them to lie under oath to get a afrcian amercian police officer,,shelia dixson, you should be ashamed,those city council people that walked out of officer robert smiths hearing at city hall, you should be ashamed...you are worst then the worst kind of racists,because you allow discrimination to happen with in your administration and you stand by like cowards and do NOTHING!

 5 agree | 7 disagree
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12:18 AM MST on Mon., Mar. 24, 2008 re: "NAACP: Falsely accused officer should be reinstated"

 johnn said:
shelia dixson you should be ashamed of yourself,you are a black mayor and yet you allow those racist police officers,and legal officials to continue to pratice there discriminating ways..shame on you you are no better then omalley or sean malone

 3 agree | 3 disagree
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8:57 AM MST on Fri., Mar. 21, 2008 re: "Baltimore black police officers’ union wants lawyer, investigator out"

 A giraffe dies said:
Wow! If Baltimore's "finest" will harass and fabricate charges against one of their own, imagine what they would be willing to do to the sheep they have to patrol.

 1 agree | 1 disagree
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12:10 PM MST on Tue., Mar. 18, 2008 re: "Councilman seeks outside probe of charges against officer"

 Examiner Reader said:
I take it the meeting with Horning a few days ago went as those of us who know expected? They are scrambling like roaches when the lights come on. Shame some can not just tell the truth and leave others alone.If you smeared the man's name, you should have cleared the mans name, not try to hide that you screwed him, simple as that.

 2 agree | 2 disagree
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1:57 PM MST on Sat., Mar. 15, 2008 re: "Councilman probes officer rape charge"

 Reader said:
I hear all new officers are coming, clean house all around.

 2 agree | 1 disagree
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12:42 PM MST on Sat., Mar. 15, 2008 re: "Councilman probes officer rape charge"

 Yeah right said:
Throw the liar under the bus. Sue them for everything they have and make an example out of the officer (s) who are corrupt. Including the little drug ring. Stave em

 2 agree | 2 disagree
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12:07 PM MST on Sat., Mar. 15, 2008 re: "Councilman probes officer rape charge"

 Examiner Reader said:
In Baltimore City, the Chief of Legal Affairs throws them under the bus.

 3 agree | 2 disagree
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7:02 PM MST on Fri., Mar. 14, 2008 re: "Lawyer: Baltimore police officer falsely accused of rape as ‘payback’"

 Edward T. said: said:
sounds kind of suspicious to me. In the Army, the sergeant watches out for his troops, Putting them ahead of himself at all times, which means helping them navigate through the bureaucracy's and red tape, to make sure they don't get screwed or taken advantage of. I am no expert on police matters or operations but if the Police dept. is placing sergeants in these kinds of positions, then i now know why they are having so many problems.

 3 agree | 1 disagree
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5:29 PM MST on Fri., Mar. 14, 2008 re: "Councilman probes officer rape charge"

 Bryan said: said:
JML i remember something about that too. 9:51 that does'nt make sence.

 1 agree | 1 disagree
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9:51 AM MST on Fri., Mar. 14, 2008 re: "Councilman to meet with police lawyer"

 Examiner Reader said:
The Sergeant had been ordered by IID to report any misconduct he observed in the SW District, but he was not a member of the Internal Investigation Division.

 1 agree | 1 disagree
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7:49 AM MST on Fri., Mar. 14, 2008 re: "Councilman to meet with police lawyer"

 JML said: said:
but wasnt this sargeant working for the IAD? thats the way we remember it happening when this came out first months ago.

 1 agree | 1 disagree
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4:28 AM MST on Thu., Mar. 13, 2008 re: "Councilman probes officer rape charge"

 Examiner Reader said:
They (IAD / Legal) have drawn up unsubstantiated claims against these Officers. The incompetence of these IAD defectives will exhonerate all the Officers implicated in this bogus scandal. I am happy to see that Councilman Young is backing these Officers. It's about time someone steps up to plate to help these Officers. I wonder if the other Officer's will also file lawsuits. I smell a class action lawsuit coming!!!!

 5 agree | 1 disagree
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