# Three Baltimore police officers charged in rape case



## Cloud Cover (7 Jan 2006)

"Jemini Jones"?  ... LOL.    Anyway, something seems fishy with this file. Watch and shoot. 

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*Three Baltimore police officers charged in rape case*
BALTIMORE, Maryland (AP) -- Three city police officers have been indicted on rape charges alleging that one officer had sex with a woman at a police station in exchange for her release and that the other two conspired to let it happen, the state's attorney's office said.

Officers Brian Shaffer, 31, Jemini Jones, 28, and Steven Hatley, 27, were indicted Friday on six counts, including first- and second-degree rape, conspiracy to commit rape, assault and misconduct in office.

All three officers are innocent, their attorneys said.

The investigation is continuing, said Margaret Burns, a spokeswoman for the Baltimore state's attorney's office.

The FBI opened a federal civil rights investigation, Barry Maddox, a spokesman for the FBI's Baltimore field office, told The (Baltimore) Sun. He said federal prosecutors could enter the case under a civil rights statute that prohibits abuse by police or others acting under the "color of law."

Burns told The Sun that Jones turned himself in Friday. The other two officers were preparing to do the same, their attorney, Michael Davey, said Saturday. A judge set bail at $100,000 each.

Attorney Warren Brown, representing Jones, said the rape accusation was made up by a 22-year-old woman who was arrested with another woman on December 27, allegedly with marijuana in their possession.

According to police documents obtained by The Sun, Jones asked the woman what she was willing to do to stay out of jail and she agreed to have sex. The second woman, who was 18, was taken outside, according to the documents.

Brown said his client did make an offer but not involving sex. He said the officer offered to let the woman go if she agreed to go into the community to help gather drug-related information.

"There's no DNA," Brown said. "There's no corroboration."

Davey said Shaffer and Hatley "adamantly deny any of the allegations that were made against them."

No charges were filed against the women, Burns said.

The officers were suspended with pay pending the outcome of the investigation.

Copyright 2006 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.


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## Mike Bobbitt (7 Jan 2006)

whiskey601 said:
			
		

> All three officers are innocent, their attorneys said.





			
				whiskey601 said:
			
		

> Burns told The Sun that Jones turned himself in Friday. The other two officers were preparing to do the same, their attorney, Michael Davey, said Saturday.



Fishy is right...!


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## Cloud Cover (7 Jan 2006)

Yeah, I smell a rat with this one, especially with the whole civil rights aspect being so quickly engaged. To me that signals a rush by the complainant towards a large damages award, not a search for truth.


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## Blackhorse7 (9 Jan 2006)

Messy.  Even the slightest hint of something out of the ordinary, and no matter what the findings the Police force will be criticized.  Especially if it turns into a racial issue (officers white, victims black), which it almost certainly will if the outcome is not fully vindicated in the public eye.  And if found guilty, that is a stink that will stick with the officers for the rest of their careers.

If they are guilty, they should fry.  If they are innocent, there lives are irreparably damaged anyway.


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## 3rd Herd (9 Jan 2006)

If guilty send to the general population area. If guilty Baltimore has joined an increasing list of American cities New Orleans( and not the flood response there were problems there long before involving inappropriate conduct of officers), Los Angelas, New York (begining with we all remember Serpico and continuing to this day) to name a few. As to a grab for cash could be after all Did not Rodney King just get tossed in for assult.


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## 48Highlander (9 Jan 2006)

What the....alright, wether they're innocent or not....what I'd like to know is how someone can be charged with rape when even the "victim" admits that she consented to the sex.  If the incident is being reported accurately then these officers should deffinitely be fired and charged for abusing their authority...but how do any of their actions constitute rape?


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## Blackhorse7 (9 Jan 2006)

The problem lays with their being or being perceived to be "persons of authority".

I don't know how it may translate into American law, but in Canada certain types of people or certain situations create figures referred to as persons of authority.  The most simple way I can describe it is in the form of an arrest.  Being a uniformed Police Officer, I am deemed to be a person of authority when dealing with anyone where they feel my presence or actions compel them to do or stop doing something.  That role as a person of authority requires me to complete certain actions.  For instance, giving a subject that is either arrested or detained their Charter rights and Police Caution.

In this case, the subject may have felt compelled to consent due to the projected authority of the Police officers.  If an average person had tried to compel the victim to consent to sex, and a member of the public could reasonably say that said person was not a person of authority (ie: a father, Police officer, Soldier, a boss), then the victim would have a hard time saying that she felt compelled to consent.

I know that sounds as clear as mud, but I've read it twice now, and I don't know if it sounds like it should.  I need another coffee....


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## 48Highlander (10 Jan 2006)

The "persons of authority" clause only applies when the "victim" is under 18.  So, if say an instructer on a BMQ course were to sleep with a candidate under 18, he could be charged with sexual assault, regaurdless of wether or not she consented.  If she's over 18 though, then the instructor could still be charged under military regulations, but I can't see any other laws that would apply.  Certainly not rape.  Feel free to correct me if I'm wrong, but as far as I know, that's the way it works.


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## Blackhorse7 (10 Jan 2006)

I could be wrong too, but the age thing is a grey area.  At least in Criminal Law.  For instance, in an undercover operation a suspect does not know the person he is dealing with is a Police Officer.  There is no perception of the U/C as a person of authority, despite the fact that he is indeed a Police Officer.  A uniformed member however would be considered a person of authority, as he is readily identifiable as a Police Officer.  At least that's my understanding of it.

Having only done uniform work, it's pretty easy for me.  You are a person of authority, and as a result, have to follow certain guidelines and steps.  The BMQ example is good though.  In civvie world, the age of consent is much lower... 14 I think now, but I would have to look it up.

Anyway, regardless of the outcome, I think these officers are boned.


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## zipperhead_cop (17 Jan 2006)

Blackhorse7 said:
			
		

> I could be wrong too, but the age thing is a grey area.  At least in Criminal Law.  For instance, in an undercover operation a suspect does not know the person he is dealing with is a Police Officer.  There is no perception of the U/C as a person of authority, despite the fact that he is indeed a Police Officer.  A uniformed member however would be considered a person of authority, as he is readily identifiable as a Police Officer.  At least that's my understanding of it.
> 
> Having only done uniform work, it's pretty easy for me.  You are a person of authority, and as a result, have to follow certain guidelines and steps.  The BMQ example is good though.  In civvie world, the age of consent is much lower... 14 I think now, but I would have to look it up.
> 
> Anyway, regardless of the outcome, I think these officers are boned.


You bang your subjects in U/C ops?  Man, you guys are a bunch of maniacs.  And they call us Sin City North ;D
I'm going to wait out on this one.  I have to believe that if there was going to be some sort of "indecent proposal" it would have happened on the street, not in the detention unit.  Most big cities have audio and video monitoring of all areas just to guard against these sort of allegations.  
Plus, no armchair decision can be made until we can see photo's of the alledged "victims".  If they are half baked crack whores, then it's bogus.  If they are college chicks that got pinned with some weed in the parking lot outside of a club.....hmmmm....maybe a "Bad Lieutenant" moment occured.


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