The Trentonian (Trenton, NJ)

Lockup death in 2011 was just the start of TPD’s issues

- L.A. Parker Columnist

Numerous city lawsuits have piqued personal interest through several decades as reporter and columnist.

Yet, one underscore­s an accountabi­lity issue regarding law enforcemen­t. One in particular showcases problems with protection­s for police who sidestep their duties and violate public trust.

In December 2011, Kenneth Howard, 55, died while in Trenton police lockup after one police officer and two police aides failed to make regular 30-minute checks on their prisoner.

Nobody looked in on Howard for seven hours and the prisoner with a bad liver which required medication, died.

The Mercer County medical examiner ruled Howard died of chronic liver failure due to cirrhosis of the liver.

Trenton Police Officer Joseph

Schiaretti and two aides, Jose Millan and Richard Reyes, were charged with tampering with public records to make it appear they had performed regular inspection­s on Howard although accusation­s surfaced they had watched National Football League games.

Essentiall­y, charges identified the three police employees as people willing to lie and tamper with evidence in order to save their own skin. Charges were dropped when Howard’s family settled a wrongful death lawsuit instead of dragging the matter out for years.

Howard had been arrested on warrants in 2011 and the city played a typical wait you out game and war of emotional attrition until Howard’s family succumbed in August 2016.

While city officials said a $690,000 settlement represente­d no admission of guilt, Robin Lord, a Howard family attorney, pulled no punches.

“While giving the Howard family nearly three-quarters of a million dollars, the city did not admit any wrongdoing,” said Lord.

“What happened to Mr. Howard was a disgrace. I don’t know how any of the officers can live with themselves, and I don’t know how they’re still employees. I just don’t know how the city of Trenton turned a blind eye to what happened to Mr. Howard. If Mr. Howard was a white surgeon who got picked up for parking tickets, I wonder if the result would have been the same.”

Attorney Cliff Bidlingmai­er also represente­d the family.

If wrong doing had occurred, city officials missed on an opportunit­y to remove three bad apples based on one pertinent fact that police officers must avoid any perception of dishonesty.

A police officer willing to lie about personal performanc­e, prone to self preservati­on and deception under the white hot light of scrutiny, potentiall­y morphs toward being a liability depending on his lying ability.

Police officers who lie or falsify evidence should face terminatio­n as being trustworth­y remains critical to administer­ing justice. Instead, the out-ofcourt agreement lead to the Mercer County Prosecutor dropping charges as Internal Affairs launched an investigat­ion.

By the way, if a bank discovers money missing and suspicions point to a clerk who then lies about where the money went, that employee does not receive a suspension then returns.

The three men were suspended with pay during this act of Internal Affairs subterfuge and many people who have filed a report with that investigat­ive body know the outcome.

Results were shielded from public purview as city

officials alleged the personnel matter demanded privacy. A protective order signed by a Superior Court judge sealed the deal.

South Ward Councilman George Muschal, a retired 40-year police veteran fumed as the city paid up to have Lord shut up as the attorney said she had expert witnesses queued to testify police employees showed negligence and violated department policy on safeguardi­ng prisoners

with medical issues.

“We can’t just keep paying money out day in and day out. If you’re gonna pay out (large sums of money) in lawsuits, somewhere along the line something went wrong,” Muschal told The Trentonian.

“I’m not a policeman anymore, but I’ve always said from Day 1 that if you create a lawsuit with total neglect on your part, you have to be accountabl­e,” he said. “Taxpayers can’t

be held accountabl­e for your mistakes.”

Lord had accumulate­d other issues with the Howard arrest as she contended police were guilty of false arrest and imprisonme­nt.

“We worked steadfast for years to demonstrat­e the horrific civil rights violations committed by the Trenton Police Department upon Kenneth Howard,” Lord said in a report.

One case involved myriad issues being considered

for police reform — accountabi­lity, transparen­cy, public review boards, Internal Affairs ability to investigat­e fairly and the right of public access to performanc­e records of police officers who receive major disciplina­ry actions or terminatio­ns.

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 ?? RICH HUNDLEY III — FOR THE TRENTONIAN ?? Trenton Police staff stand by as protesters gathered outside of police headquarte­rs.
RICH HUNDLEY III — FOR THE TRENTONIAN Trenton Police staff stand by as protesters gathered outside of police headquarte­rs.
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