Report: Nott struck arrestee in 2013

Investigation found New London officer was justified in use of force, but lied about situation

New London — The officer who appears to have struck a handcuffed man in June 2016 also punched a female arrestee in October 2013, according to documents The Day obtained through a Freedom of Information Act request.

A 2014 internal affairs investigation found Officer Deana Nott was justified in punching the woman, who was imprisoned at police headquarters, because Nott reasonably feared being hit herself. But it also found that Nott lied about the situation in a report and could have taken steps to avoid it altogether.

The information comes as Nott is facing a charge of third-degree assault in relation to the 2016 incident. In that case, a cruiser camera caught Nott apparently striking a handcuffed man in the face. The man, arrested on assault charges, had cursed at and struggled with officers, but was fully inside the vehicle when Nott struck him.

He sustained a minor cut on his lip from the contact.

According to state statute, a person is guilty of third-degree assault, a Class A misdemeanor, if he or she physically injures someone on purpose.

It’s the second time in 10 years Nott has been arrested. In 2008, Waterford police charged her with breach of peace after she slapped a Sunset Ribs patron in the face because he had insulted her. A judge in that case granted Nott accelerated rehabilitation, a diversionary program that lets defendants — usually first-time offenders — clear their records if they stay out of trouble for a given time.

Nott on Feb. 1 pleaded not guilty to her latest charge.

Community support has been strong for the 17-year city cop, who, by her own admission, is equal parts brawny and benevolent.

Nott already served a seven-day suspension following a city police investigation into the 2016 incident. She has since been reporting to work as usual.

Nott is next due in Middletown Superior Court on Thursday.

The October 2013 incident

In a July 2014 memo to former Chief Margaret Ackley, current Chief Peter Reichard summed up his investigation into the way city police treated Jacklyn Morales, 32 at the time, while she was in their custody.

It was Oct. 25, 2013, and Mo-

rales had been charged with third-degree assault for assaulting another woman. She later was convicted in the case.

In his memo, Reichard said video footage first shows Morales lunging toward Officer Melissa Schafranski, who was attempting to search her. Schafranski had to work with another officer to restrain Morales so she could complete the search and take Morales to a holding cell.

Just after 7 p.m. that night, Morales began tearing her T-shirt into long strips. Asked to do so by a supervisor, Nott entered the cell and instructed Morales to put the shirt back on.

Morales, the memo states, threw the shirt at Nott and attempted to stand up from the bench where she had been sitting. Nott then used her left hand to push Morales down and her right hand to strike Morales in the left side of her face.

In a May 2014 interview with Reichard, Nott explained her thought process at the time of the incident.

“Why would she stand up if she wasn’t going to come at me like she just did the two other women she just had a confrontation with?” Nott said. “I didn’t have any room, at the time, to retreat backwards. It’s a small cell. I wasn’t going to let her hit me first if I can see her body coming towards me.”

Court precedent

Reichard noted in his memo that federal court precedent allows an officer to strike first if he or she believes a strike is imminent.

As Nott punched Morales, Morales grabbed Nott’s hair, prompting five other officers to rush into the cell. Reichard said footage shows Officer Todd Lynch placing his foot on Morales’ head and Officer Jeff Nichols repeatedly striking her hip. After about a minute and a half, the officers successfully separate Morales and Nott and exit the cell.

Morales had a swollen lip after the incident but declined medical attention, the memo states.

In his conclusion, Reichard said there was no reason to send any officer into the cell so quickly and, given Morales’ apparently negative disposition toward women, no reason to send Nott in at all.

Reichard also found that Schafranski and Nott lied in their reports about the incident by saying Morales had stepped toward Nott and swung her arms. Reichard said it’s likely the pair colluded in documenting the altercation. He found both in violation of the police manual for inaccurately reporting an incident.

Reichard further noted that Lynch used an un-sanctioned move when he placed his foot on Morales’ head and that Nichols should have elected another method when his hand strikes had no effect. Both told Reichard they wanted to do whatever they could to help Nott.

Despite the fact that several officers used force, Reichard could not find a use of force form related to the incident — another violation of the police manual. He suggested updates to the department’s use of force policy that included administrative investigations into certain use of force incidents and quarterly reviews of all such incidents.

Those updates remain in effect today and, Reichard said in August 2017, are part of why the June 2016 incident came under scrutiny.