Sedgwick County Kansas Deputy Sheriff David E. Kendal Arrested And Charged With Sodomy, Unlawful Sexual Relations, Mistreatment Of Prisoners, And Sexual Battery After Gay Sex With Male Prisoners

June 21, 2012

SEDGWICK COUNTY, KANSAS – Sedgwick County sheriff’s detectives arrested a county jail deputy Tuesday as a result of an ongoing criminal investigation of alleged sexual misconduct in the jail.

At a news conference late Tuesday afternoon, Sheriff Robert Hinshaw announced that the deputy, David E. Kendall, 21, has been booked into jail on suspicion of two counts of aggravated criminal sodomy, two counts of unlawful sexual relations, two counts of mistreatment of a confined person and one count of sexual battery.

Previously, two attorneys representing inmates have said that they were investigating allegations that a deputy raped or sodomized two male inmates.

For now, Kendall is being held without bond in the jail medical clinic, to keep him away from the rest of the jail population. Kendall, who has been with the Sheriff’s Office since October 2008, will probably be moved out of the county partly because he is familiar with the jail’s security, Hinshaw said.

The allegations – against someone working for a law enforcement agency – “tarnish all of our badges” and are embarrassing, Hinshaw said.

Later in the news conference, he said he wants the public to have confidence in the Sheriff’s Office, which operates the jail.

“This whole issue is very important to the public,” he said.

Hinshaw, who is seeking re-election, acknowledged that he has heard some say that law enforcement tends to cover up for its own.

“I would respectfully disagree with that,” as far as the Sheriff’s Office is concerned, he said. In the last five years, he said, the office has fired 13 staff members accused of crimes, and that of the 13, nine were charged.

The sheriff said his view of the agency investigating one of its own is “if you’ve got a mess, you clean up your own mess.”

He noted that as part of a survey of sexual misconduct in prisons and jails, the Sheriff’s Office reported 51 incidents. Those involved staff-to-inmate or inmate-to-inmate contact for 2004 through 2011, with the exception of 2006.

Of the 51 incidents, 16 – or about one in three – involved sexual misconduct by staff. Four of the 16 incidents were found to be substantiated, four unsubstantiated and eight unfounded. Of the four substantiated cases involving staff, Hinshaw said, he knew of one in which charges were filed but wasn’t sure of the other cases.

“In a jail,” he said, “there is no such thing as consensual sex between an inmate and a staff member. It is a felony.”

Mark Schoenhofer, one of the attorneys representing the alleged victims, said after Hinshaw’s announcement of the arrest: “We’re happy that the Sheriff’s Office has taken steps on behalf of our clients to see that some justice was done. We’re happy that the arrest was made … and I’m hopeful that the DA’s (District Attorney’s) Office will follow up with charges.”

Schoenhofer said he and another attorney, Kurt Kerns, will be interested in what criminal investigators find and will continue their own investigation; Schoenhofer said they have yet to take any formal action toward possible litigation.

Hinshaw said he couldn’t discuss the evidence so far, but said his detectives are being assisted by the FBI and have conducted “a lot” of interviews of deputies, inmates and former inmates. He emphasized that the investigation is ongoing.

“We’re not anywhere close to being done,” Hinshaw said.

Sheriff’s detectives learned of an initial allegation on June 3 and of an additional allegation on Monday, Hinshaw said. One of the two inmates who is alleged to be a victim has been moved into U.S. marshal’s custody; the other remains at the jail.

Kendall remains on the payroll as the personnel process moves toward a possible firing, Hinshaw said. He said that Kendall’s rights as an employee and his rights as an accused must be upheld.

The criminal case will be presented, most likely in the next two to three days, to the District Attorney’s Office. It will decide what, if any, charges will be filed.

Speaking of the allegations, Hinshaw said, “Unfortunately, things like this do arise, not just here but in agencies across the United States.”

Asked by a reporter whether the Sheriff’s Office had made any changes in procedures as a result of the accusations against the deputy, Hinshaw said, “We already have very good procedures, protocols,” but that the office reviews practices as issues arise.

Asked how the suspected crimes could have occurred without someone knowing, Hinshaw said that although the jail has 200 cameras to monitor parts of the jail, staff members can’t see everything.

“This jail is virtually a small city,” he said. “Just like in any city … things can happen.”

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Prince William County Virginia Jail Officer Ralph Lester Justice Arrested In Scheme To Have Man Jailed And Sexually Assaulted

May 18, 2012

PRINCE WILLIAM COUNTY, VIRGINIA – A Prince William County man’s alleged scheme to pay someone $2,000 to kill his stepson took an additional twist Thursday when police announced that a county jail officer was arrested for trying to help put the stepson in a compromising situation, according to county police and prosecutors.

Ralph Lester Justice, 61, who police said was an officer at the Prince William County Adult Detention Center, was an acquaintance of Michael George Rusinack, 50, who is accused of plotting to kill his 28-year-old stepson, authorities said.

The two were allegedly scheming to have the stepson arrested and put in jail, then put him “in a situation where the victim could be sexually assaulted,” according to a county police statement. The plot never resulted in the arrest of the stepson, police said.

Rusinack was “disenchanted with his stepson for a number of reasons,” Commonwealth’s Attorney Paul B. Ebert said. Police said in a statement that the two were “involved in a continuous domestic related feud.”

County police said they learned of the alleged murder-for-hire plot on May 8 and began an investigation.

In the days that followed, Rusinack offered a “cooperating witness” $2,000 to kill his stepson, and the witness then introduced Rusinack to an undercover police detective, according to court records. Rusinack offered to pay the detective to kill his stepson and, court records say, “gave him instructions on how he wanted it done.”

Rusinack, of the 15000 block of Donald Curtis Drive in Woodbridge, was charged with solicitation to commit capital murder and is being held without bond.

Justice, of the 15900 block of Crest Drive in Woodbridge, was charged with conspiracy to commit forcible sodomy. He is being held on a $3,000 secured bond.

The men are scheduled to appear in court on June 13.

Ebert said that Justice’s alleged plot with Rusinack and the murder-for-hire scheme were not connected. Investigators know of no other law enforcement officers involved in either plot, Ebert said.

Jail officials and a lawyer for Rusinack could not be reached Thursday for comment. It was unclear Thursday whether Justice has a lawyer, and his employment status was unknown.

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New York City Police Officers Richard Kern, Alex Cruz, And Andrew Morales Turn Themselves In After Beating And Sodomizing Man Who Smoked Pot

December 9, 2008

NEW YORK, NEW YORK – Three city cops at the center of a sodomy investigation turned themselves in to the Brooklyn District Attorney’s office early today to face criminal charges. sodomizing

Officers Richard Kern, Alex Cruz and Andrew Morales were ushered into the downtown Brooklyn office by the attorneys around 6 a.m. They each declined to comment.

The three cops are expected to be indicted this morning for assaulting 24-year-old Michael Mineo in a subway station Oct. 15.

A fellow cop accused Kern of inserting his police baton between Mineo’s buttocks as officers tried to arrest and cuff the tatoo shop worker for allegedly smoking marijuana.

Kern’s lawyer John Patten declined to discuss the indictment Monday. Kern, 25, has previously denied he acted improperly.

Mineo originally said it was Cruz, 26, who violated him as he lay face down in the Prospect Park station, held down by two other police officers.

But NYPD transit Officer Kevin Maloney testified before a grand jury that it was Kern who wielded the baton, sources said.

“My client steadfastly maintains his innocence and he observed no misconduct,” Cruz’ lawyer Stuart London said Monday.

Mineo said he felt vindicated by a grand jury’s decision.

“At first a lot of people weren’t believing me, but I left it in God’s hands,” he said Sunday on the Rev. Al Sharpton’s radio show. “I’m pleased with how everything is going.”

Mineo expressed gratitude to the transit cop for breaking the so-called Blue Wall of silence and telling the grand jury what happened.

“I do appreciate him coming forward,” he said. “I’d like to thank him.”

Lawyers for Mineo hailed the indictment and announced they plan to file a federal civil rights suit against the city, the NYPD and the officers involved.

“The man was held down and raped,” lawyer Kevin Mosley said after Mineo spoke.

Lawyer Stephen Jackson said Monday all the cops involved should be charged with “serious felonies.”

“Anything short of jail time will be a miscarriage of justice,” Sharpton said.

Jackson said the grand jury interviewed more than 20 witnesses and examined physical evidence of injuries to Mineo’s rectal area. Sharpton and Mineo’s lawyers blasted the NYPD for rushing to publicly clear the officers after the alleged assault.

Days later, Maloney became the star witness at the grand jury that brought charges against Kern.

“The internal affairs department of the New York City Police Department repeatedly said that … [Mineo’s] charges were groundless,” Sharpton said. “Clearly police cannot police themselves.

Appeared Here


New York City Police Officers Richard Kern, Alex Cruz, And Andrew Morales Turn Themselves In After Beating And Sodomizing Man Who Smoked Pot

December 9, 2008

NEW YORK, NEW YORK – Three city cops at the center of a sodomy investigation turned themselves in to the Brooklyn District Attorney’s office early today to face criminal charges. sodomizing

Officers Richard Kern, Alex Cruz and Andrew Morales were ushered into the downtown Brooklyn office by the attorneys around 6 a.m. They each declined to comment.

The three cops are expected to be indicted this morning for assaulting 24-year-old Michael Mineo in a subway station Oct. 15.

A fellow cop accused Kern of inserting his police baton between Mineo’s buttocks as officers tried to arrest and cuff the tatoo shop worker for allegedly smoking marijuana.

Kern’s lawyer John Patten declined to discuss the indictment Monday. Kern, 25, has previously denied he acted improperly.

Mineo originally said it was Cruz, 26, who violated him as he lay face down in the Prospect Park station, held down by two other police officers.

But NYPD transit Officer Kevin Maloney testified before a grand jury that it was Kern who wielded the baton, sources said.

“My client steadfastly maintains his innocence and he observed no misconduct,” Cruz’ lawyer Stuart London said Monday.

Mineo said he felt vindicated by a grand jury’s decision.

“At first a lot of people weren’t believing me, but I left it in God’s hands,” he said Sunday on the Rev. Al Sharpton’s radio show. “I’m pleased with how everything is going.”

Mineo expressed gratitude to the transit cop for breaking the so-called Blue Wall of silence and telling the grand jury what happened.

“I do appreciate him coming forward,” he said. “I’d like to thank him.”

Lawyers for Mineo hailed the indictment and announced they plan to file a federal civil rights suit against the city, the NYPD and the officers involved.

“The man was held down and raped,” lawyer Kevin Mosley said after Mineo spoke.

Lawyer Stephen Jackson said Monday all the cops involved should be charged with “serious felonies.”

“Anything short of jail time will be a miscarriage of justice,” Sharpton said.

Jackson said the grand jury interviewed more than 20 witnesses and examined physical evidence of injuries to Mineo’s rectal area. Sharpton and Mineo’s lawyers blasted the NYPD for rushing to publicly clear the officers after the alleged assault.

Days later, Maloney became the star witness at the grand jury that brought charges against Kern.

“The internal affairs department of the New York City Police Department repeatedly said that … [Mineo’s] charges were groundless,” Sharpton said. “Clearly police cannot police themselves.

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Three New York City Police Officers Indicted After Beating And Sodomizing Man For Smoking Pot

December 8, 2008

BROOKLYN, NEW YORK – A grand jury has reportedly decided to indict three NYPD officers in connection with the beating and sodomizing of a man with a two-foot baton during an arrest at a Brooklyn subway station.

According to published reports, one of the officers is 25-year-old Richard Kern, who faces an assault charge.

A transit officer reportedly told a grand jury he saw Kern use the baton on 24-year-old Michael Mineo while two other officers held Mineo down.

The alleged assault happened in October, when Mineo was arrested for allegedly smoking marijuana outside the Prospect Park subway station.

Mineo’s lawyers and the Rev. Al Sharpton spoke with reporters. Mineo thanked a lot of people, including a police officer who “broke the blue wall of silence” and didn’t back the police story, instead saying the victim did not make this up. Sharpton said the officer may be the hero of this case.

An NYPD investigation originally found the case did not have any grounds, but now a grand jury has reportedly indicted the officers believed to be involved.

Sharpton said there needs to be some level of police reform — some unbiased “nonpolice” agency should review police, not “police policing themselves.”

Mineo said, “I’m pleased” when asked about news of indictments. His lawyers emphasized this is a marathon and it is only the beginning. There are plans to file a civil lawsuit against the officers involved and the NYPD.

Appeared Here


Three New York City Police Officers Indicted After Beating And Sodomizing Man For Smoking Pot

December 7, 2008

BROOKLYN, NEW YORK – A grand jury has reportedly decided to indict three NYPD officers in connection with the beating and sodomizing of a man with a two-foot baton during an arrest at a Brooklyn subway station.

According to published reports, one of the officers is 25-year-old Richard Kern, who faces an assault charge.

A transit officer reportedly told a grand jury he saw Kern use the baton on 24-year-old Michael Mineo while two other officers held Mineo down.

The alleged assault happened in October, when Mineo was arrested for allegedly smoking marijuana outside the Prospect Park subway station.

Mineo’s lawyers and the Rev. Al Sharpton spoke with reporters. Mineo thanked a lot of people, including a police officer who “broke the blue wall of silence” and didn’t back the police story, instead saying the victim did not make this up. Sharpton said the officer may be the hero of this case.

An NYPD investigation originally found the case did not have any grounds, but now a grand jury has reportedly indicted the officers believed to be involved.

Sharpton said there needs to be some level of police reform — some unbiased “nonpolice” agency should review police, not “police policing themselves.”

Mineo said, “I’m pleased” when asked about news of indictments. His lawyers emphasized this is a marathon and it is only the beginning. There are plans to file a civil lawsuit against the officers involved and the NYPD.

Appeared Here