Dallas Texas Police Arrest And Jail Innocent Woman For Refilling Legal Prescription

May 6, 2012

DALLAS, TEXAS – Anne Lenhart never thought filling a prescription at CVS Pharmacy in Dallas could land her in jail.

The avid yoga practicer raised more $20,000 for Off the Mat, Into the World Global Seva Challenge. OTM is an organization that was founded by Seane Corn, Hali Kouri, and Suzanne Sterling as a way to take the ideas of yoga and translate them into action.

This year OTM was heading to Haiti for a service mission in which they bought and installed lights, worked at Haiti’s tent cities and various other projects.

On their off time, Lenhart and her group headed the Haitian city of Jacmel, a mountainous region with waterfalls and beautiful natural pools.

That’s where the trouble began. Lenhart had waded in the water beneath the waterfall, then climbed up some 30 feet onto a cliff overlooking the water.

“I decided I was ready to come down off the waterfall and it was then that I slipped and I hit an outcropping about 10 feet down and then from there fall another 20 feet into the water,” Lenhart said. The water saved her life but she shattered her kneecap on the way down.

With the help of several men, Lenhart climbed out of the area and after a 3 1/2 hour trip to the nearest hospital in Port-Au-Prince, she underwent reconstructive surgery with no general anesthesia.

A week later she was flown back to the U.S., still in deep pain, and admitted into Baylor Medical Center in Dallas.

“They gave me a pretty high, heavy duty narcotic, Norco, as a painkiller going forward and I had used that up. It had been a month and I had called for my refill,” Lenhart said.

The pharmacy called Lenhart to ask her exactly what time she would be in pick up her prescription. She thought it was odd, but told the pharmacy what time she would be there.

Still on crutches and unable to drive, a friend of Lenhart’s, drove her to a CVS Pharmacy in Oak Cliff.

She wasn’t able to pick up her prescription because a police officer arrived to pick her up.

“He was like ‘we need to go outside,’” she said. “I was on crutches and I had a permanent IV line in my arm. I had a big leg brace. I asked him if it was necessary and he said yes and he rather policingly escorted me out the front door and into the back of a waiting patrol car.”

Lenhart was so stunned, she didn’t think to ask the officer questions. The officer explained to her what was going on.

“He said, ‘Well we believe that you have forged your pain pill prescription and we are calling your doctor now. But I’ve worked with this pharmacist a number of times and he’s never made a mistake,” Lenhart said.

The officer then took her the Dallas County jail, where she remained overnight. After she was released on bond, she was charged with obtaining a controlled substance by fraud, a felony.

“I couldn’t go back to work until HR had received the paperwork that this was a mistake from my attorney,” she said.

Dallas police later dropped the charges after speaking with Lenhart’s doctor. The Dallas Police Department declined to talk to CBS11 about Lenhart’s arrest.

Now she is suing CVS Pharmacy for False Imprisonment, Defamation and more. Her attorney, Jeff Benton, said her arrest could have been prevented had proper procedures been followed.

“Every doctor that prescribes a narcotic had a DEA number that’s unique to them and if that is cross referenced and the correct doctor is contacted then I don’t imagine that this type of thing would happen,” Benton said. “We suspect the wrong doctor was contacted because they didn’t cross reference the DEA number.”

Everyday pharmacies fill millions of prescriptions for controlled substances. Those drugs are monitored by the DEA.

Lenhart’s doctor confirmed in an affidavit that he wrote the prescription for her and that he never received a call from CVS asking to confirm the prescription. Benton thinks the pharmacy may have called the wrong physician.

A representative from CVS Pharmacy said, “We are investigating how this unfortunate incident occurred and we are working to resolve the matter with Ms. Lenhart and her attorney. As this involves pending litigation, we are unable to provide additional comments at this time.”

“I would love to think that they would actually write me a letter that says ‘I am sorry that this happened to you,’” Lenhart said.

But even more than an apology, Lenhart wants to make sure that this never happens to another patient in pain.

“I don’t want somebody else. I don’t want somebody who I love to go there and get arrested,” she said.

Appeared Here


Newton County Georgia Sheriff’s Department Arrested And Jailed Couple For “Loitering” And “Prowling” At Their Newly Purchased Home – After Neighbor Held Them At Gunpoint

April 22, 2012

NEWTON COUNTY, GEORGIA – The Newton County Sheriff’s Office is investigating why a couple was confronted at gunpoint by neighbors and then arrested and forced to spend the night in jail when they tried to move into the home they had just purchased, Channel 2 Action News reported.

The Kalonji family had just closed on a foreclosed home and were told by their real estate agent they should go over to the house and change the locks.

But when Jean Kalonji and his wife, Angelica, started working at the home, an armed man and another person who appeared to be the man’s son allegedly confronted them.

“He say to put the hands up and get out from the house, otherwise he would shoot us,” the husband told Channel 2.

The neighbors didn’t believe the couple when they told them they had bought the home and called the Newton County Sheriff’s Office. The Kalonjis didn’t have the closing papers with them, so deputies arrested them, charged them with loitering and prowling and took them to jail.

Yvette Harris, the couple’s real estate agent, said they never should have been arrested.

“They rightfully own this house,” Harris said.

Kalonji, who grew up in the Congo, said the experience brought back painful memories.

“There, they put me down with the gun to my head, and come here, the same,” he said.

Mark Mitchell, spokesman for the Newton Sheriff’s Office, said authorities are “looking into it, exactly what occurred, why it occurred.”

A person at the neighbors’ house said no one wanted to talk to Channel 2 about the incident.

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Bloody Photo Of Zimmerman 3 Minutes After Shooting Casts Major Doubt On Sanford Florida’s Bogus Case Against Victim Who Killed Druggie In Self Defense

April 20, 2012

SANFORD, FLORIDA – A new photograph obtained exclusively by ABC News showing the bloodied back of George Zimmerman’s head, which was apparently taken three minutes after he shot and killed Trayvon Martin, gives possible credence to his claim that Martin had bashed his head against the concrete as Zimmerman fought for his life.

The revelation comes as his attorney and prosecutors prepare for Zimmerman’s bail hearing today, which could result in his being released from a Florida jail. Zimmerman, 28, is being held on charges of second-degree murder for the Feb. 26 shooting of Martin, 17, which could carry a life sentence if he is convicted.

The exclusive image shows blood trickling down the back of Zimmerman’s head from two cuts. It also shows a possible contusion forming on the crown of his head. The original police report that night notes that the back of Zimmerman’s head was wet, and that he was bleeding from the nose and head.

Zimmerman told police that night that he shot and killed the teenager in self-defense after Martin punched him and pounced on him. Zimmerman told police that Martin then bashed his head into the concrete sidewalk during the altercation that took place in the tidy middle-class development of the Retreat at Twin Lakes in Sanford, Fla.

Zimmerman was treated at the scene by paramedics, then cuffed and driven in a police cruiser to the Sanford police station. He was questioned for hours and later released. In police surveillance video obtained last month by ABC News, Zimmerman’s wounds are not apparent, and there were no bandages on his head.

Zimmerman was not admitted to a hospital or given stitches the night of the incident.

The person who took the photograph of a bloodied Zimmerman, asking not to be identified, told ABC News exclusively that they did not see the scuffle that night, but did hear it. The person recalled seeing Martin’s prostrate body on the wet grass and said the gunpowder burns on Martin’s gray hoodie were clearly visible.

The photographer said that after the shooting, Zimmerman asked the photographer to call his wife. When the photographer asked him what to say, Zimmerman blurted out, “Man, just tell her I shot someone.”

Investigators have seen the photo.

Martin family attorney Benjamin Crump is skeptical.

“How bad could it have been if they didn’t take him to the hospital [and] didn’t stitch him up,” he said in a statement to ABC News in response to the image. “The special prosecutor has seen all the evidence and still believes George Zimmerman murdered Trayvon Martin.”

Zimmerman’s attorney, Mark O’Mara, said his client has spent enough time behind bars.

“He needs to get out. He should not be in jail,” O’Mara said. “I want him out because I need him out. He wants to get out. His family wants it out. It should happen.”

If Zimmerman is released, his attorney said, he has a number of potential safe houses prepared. In the meantime O’Mara says the former altar boy, who has become America’s highest-profile defendant, has been reading the Bible while in protective custody.

In a bail hearing in Florida, the burden of proof to deny bail, even in a second-degree murder trial, is higher than needed to seek a conviction in a trial.

“They would have to prove that the presumption of guilt is great, and that the proof is evident,” O’Mara said.

In the capias — similar to a warrant — filed against Zimmerman last week, Special Prosecutor Angela Corey and her team set bail at “none.”

In order to avoid a reduction in bail to a set monetary sum, Corey’s team would have to prove its case essentially, something legal experts say is unlikely at this point in the legal process.

Zimmerman attorney O’Mara said he doubts the prosecutor will reveal its case before the trial.

Appeared Here


Fags Sue After Being Attacked By Off-Duty Cleveland Ohio Police Officer, Beaten Again A Week Latter By On-Duty SWAT Officers, And Tossed In Jail On Bogus Charges – Without Pants

February 5, 2012

CLEVELAND, OHIO -  Two gay men who say they were punched and pinned to the ground by an off-duty police officer before being called offensive names and jailed without their trousers have sued the city and its police over what they call anti-gay bias.

Steven Ondo and Jonathan Simcox said the off-duty officer, who was a neighbor, complained about a noisy argument on the street and attacked them last April and had them arrested. A week later, they said, they were arrested by SWAT officers and were punched again at their home while lounging in T-shirts and underpants. They said they were denied a chance to get their pants and weren’t provided with any in jail for a day.

The men were charged with assaulting the officer but were acquitted Oct. 20 in a non-jury trial.

Ondo, 22, and Simcox, 25, filed the U.S. District Court lawsuit against the city and its police last month and asked for unspecified damages. They said their goal was to deter biased treatment by police.

During the second arrest, the lawsuit says, the officers repeatedly referred to Ondo and Simcox as “faggots” and said “faggots don’t get to wear pants to jail” when they were transported to the city lockup. Simcox’s brother was at the house and asked if he could get the pants for them, but police refused, although he was allowed to get their shoes, the lawsuit says.

Police usually allow cooperative arrested people to retrieve their clothing.

A top city official said Friday the city wouldn’t discuss details of the litigation.

“The city of Cleveland is aware that the lawsuit has been filed and will appropriately address this legal matter in court,” interim Law Director Barbara Langhenry said in an email.

Ondo and Simcox could not be reached Friday. No phone was listed for Ondo in court records, and a phone number for Simcox provided by his attorney wasn’t accepting calls.

Attorney Dan Chaplin, who represented Ondo in the criminal case, said each man weighs about 120 to 130 pounds and they were tossed around like rag dolls by their 225-pound neighbor.

About a week later, he said, a SWAT team calling them “fags” and “queer” arrested them at their home at about 5:30 a.m. on a warrant accusing them of assaulting a police officer. The team then put them in a police van and drove around for a couple of hours making other arrests, he said.

“They were humiliated and embarrassed. They were shackled to strangers while they were in their underwear and they couldn’t leave,” Chaplin said. “And the other guys that were arrested were allowed to get clothes on.”

At the jail, he said, police mocked them, telling them “fags don’t deserve to wear pants” and asked them questions about their sex lives.

“It was just real old-fashioned gay bashing by the Cleveland police department,” he said.

Cleveland police and the city’s Office of Professional Standards said no complaint had been filed in the case, mayoral spokeswoman Andrea Taylor said.

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With Nothing Better To Do In Hurricane Aftermath, Philadelphia Pennsylvania Police Arrested Men On Bogus Charges For Rafting In Floodwaters

August 29, 2011

PHILADELPHIA, PENNSYLVANIA – Row, row, row your boat, just not down Main Street in Manayunk. That’s the message police are sending after arresting two men who used a raft as an alternate means of transportation down the flooded street Sunday.

CBS 3 reporter Dray Clark caught up with Pete and Pat, best friends and roommates from Manayunk, who paddled their way down the water covered street.

“I thought, Main Street floods a lot, go get a raft and float down,” said Pat, who admitted the idea was his.

“We thought it would be a good time and it turns out it is,” said Pete.

Minutes later, Philadelphia police stopped the men and hauled them away in handcuffs.

When Dray asked why the men were being arrested, he said the officers replied, “for lack of common sense.”

No charges were filed against the boaters.

Appeared Here


Phoenix Arizona Police Officers Tedesco, Mills and Neidenbach Brutally Beat And Used Taser Weapon Against Paralyzed Polio Victim, Lied In Reports And Accused Him Of Assault And Running Away – Wife And Children Threatened And He Was Denied Medical Attention By Maricopa County Jail

June 3, 2011

PHOENIX, ARIZONA – After Tasering, kicking and hitting a man in the head with flashlights while calling him a “wetback,” Phoenix police officers falsely accused him of assaulting them and running away, but the man can’t fight or run at all because he is paralyzed on one side of his body from childhood polio, he says in a civil rights complaint.

Refugio Rodriquez sued the city, Maricopa County, Maricopa County Correctional Health Services and the three Phoenix police officers he says assaulted him in the parking lot of a church.

Rodriquez, whom the officers accused of aggravated assault against a police officer after they Tasered, kicked and hit beat him with police-issued flashlights, says he could not have assaulted the officers or run because the left side of his body is paralyzed from polio.

Rodriquez the three officers – Tedesco, Mills and Neidenbach – approached him outside of a church on May 27, 2010.

They told him “you better not run you (expletive) wetback” and then slammed him onto the concrete driveway “in a manner which obviously exceeded the minimal amount of force necessary to accomplish a lawful purpose and continued to brutally assault plaintiff Refugio in the driveway,” according to the complaint in Maricopa County Court.

After they needlessly Tasered him, they handcuffed him and continued to kick and hit him in the head “with their police-issued long flashlight,” the complaint states.

The officers stopped beating him after his wife, Josephine, and his two children “screamed at and pled with the defendant officers to stop the beating,” according to the complaint. The officers told the wife and kids to “stay across the street or that they would be ‘in trouble.’”

s., says the officers did not let his family see him after they beat him, “to cover up Refugio’s bruises, scrapes and severe swelling of the head.”

The officers told his wife and children “that there was nothing wrong with Refugio and that he was ‘the same as when he left home awhile ago,’” the complaint states.

But at the Maryvale police station, one of his assailants asked him, “‘What’s the matter, you can’t take an ass-whipping?’” Rodriquez says.

Rodriquez says the officers lied in their police report: that they wrote that he “ran from the officers when they first came into contact … which is totally impossible because plaintiff cannot run due to the paralysis on the whole left side of his body since his birth with polio.”

The officers “lied so they could try to cover up more lies” by claiming he had resisted and fought them, and by charging him with aggravated assault on a police officer, according to the complaint.

Rodriquez says he was taken from the Maryvale police precinct to the Maricopa County Fourth Avenue Jail, where the intake nurse told him “he was going to be transported to the nearest hospital emergency room via an ambulance because of the severity of his injuries.”

But a few minutes later the intake nurse told him that “if she sent him to the hospital emergency, she was told she would lose her job.”

After Rodriquez was released on bail, his wife took him to St. Joseph’s Hospital, where the emergency doctor told him that “he could have died because a blood clot near his brain was beginning to develop,” the complaint states.

Rodriquez and his wife seek punitive damages and medical expenses for assault, battery, negligence, and civil rights violations. The complaint does not list the three officers’ first names, but it does include their badge numbers.

The Rodriquezes are represented by Jimmy Borunda

Appeared Here


Businessman Awarded $80,000 After Wrongful Arrest By Lynchburg Virginina Police Officer Ben Currin

March 26, 2011

LYNCHBURG, VIRGINIA – The owner of a Lynchburg bus lot has won his lawsuit against a police officer he says wrongfully arrested him.

A jury has awarded Sam McConville $80,000 after an incident in March of 2008.

McConnville says Officer Ben Currin was sitting in his cruiser in the private bus lot.

He says after being told to leave, the officer spun around, throwing up rocks.

McConnville says he was arrested when he shouted at the officer.

McConnville’s attorney had been seeking $370,000.

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