Monday, November 23, 2009

"I guess they figured they're cops, so what the hell is going to happen to them? And you know what? They're right. They've gotten away with it."

All cops should be wired for video and sound every minute they're on duty. The prosecutors were douchebags as well.

"It Opened Our Eyes" - Reason Magazine:
"Steve and Candice Cheolas were charged with controlling a social gathering where alcohol was consumed by minors, a crime that requires both knowledge and acceptance of the minors' consumption. They were also charged with contributing to the delinquency of a minor. Additionally, Candice Cheolas was charged with obstructing a police officer.

"If you look at the depositions, none of the kids said my parents knew there was drinking going on," Nick says. "They said they snuck alcohol in their pants, or were hiding in the bathroom to drink. The police said my parents were drunk and smelled of alcohol. That's just a lie. My parents don't drink in the home, except for maybe a glass of wine with Christmas dinner."

The Cheolases eventually discovered that the police officers who came to their home that night had written two sets of reports, and there were major discrepancies between the two drafts. The second drafts included damning information about the Cheolases that was nowhere to be found in the initial reports. They also discovered the officers were wearing microphones on their uniforms that connected to the dash cam on their patrol cars. The audio recordings captured by those microphones would eventually vindicate the family in court.

"The police reports attributed 28 separate statements to my mother that made her seem drunk, belligerent and confrontational. Of those 28, only one benign statement actually shows up in the audio. Everyone lied after the fact. The police, the paramedics, the parents of the girl who got drunk. The tapes show that," Nick says. The police reports also allege that when officers attempted to enter the home, Candice Cheolas repeatedly screamed at them and blocked their access to the doorway—the reason for the obstruction charge. But the audio tapes show she wasn't even outside when the officers entered the home, and bear no evidence of screaming. All of which is why the prosecution took the unusual step of trying to prevent the police department's own audio tapes from being admitted into evidence.

Why would police produce false reports when they know the entire incident was recorded? "I really don't know," Nick says. "I guess they figured they're cops, so what the hell is going to happen to them? And you know what? They're right. They've gotten away with it."

Candice Cheolas was finally tried in January 2006. The prosecution called 28 witnesses. When the state rested its case, Macomb County District Judge Walter Jakubowski, Jr. ordered a directed verdict in favor of the defendant. Candice Cheolas didn't even need to put on a defense."

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