Innocent Man Spends Four Months in Jail after Rochester, NY Police officers Rob Osipovitch and Ryan Hartley Lie Under Oath

Published On July 27, 2012 | By Davy V. | Articles

By Davy V.

Imagine for a moment, driving in your car, down the street, and coming to a stop sign. Then, as you proceed, you are pulled over by police officers.

When you ask them why they stopped you, they reply that you failed to come to a complete stop.

But you did.

You know you did.

And you know they are lying.

That’s exactly what happened to Rochester, NY resident Jeramie Barideaux in July of 2011, on the corner of Conkey Avenue and Avenue D, after he came to a complete stop.

Rochester, NY Police officers Rob Osipovitch and Ryan Hartley, falsely accused Mr. Barideaux of failing to come to a complete stop in order to have a reason to pull him over.

But thanks to the power of video, Osipovitch and Hartley never stopped to think that City of Rochester traffic cameras were recording the whole incident.

And that the video recorded their lie.

After the illegal stop and search of Mr. Barideaux’s vehicle, the Rochester Police Department claims that the officers found drugs and a weapon.

After spending four months in jail, Monroe County Court Judge Daniel Doyle dismissed all charges against Barideaux.

In his decision to dismiss the charges, Judge Doyle said “it was an unreasonable stop… based on the review of the video, there’s no ambiguity at all that a car being operated by Jeramie Barideaux did come to a complete stop before the police stopped the vehicle.”

On Thursday July 19, 2012 a lawsuit was filed in the Monroe County Clerk’s office.

The lawsuit names the City of Rochester,NY, the Rochester, NY Police Department and officer Rob Osipovitch and officer Ryan Hartley as defendants.

The lawsuit says Rochester Police officers Osipovitch and Hartley “lied in their sworn police reports” and “upon belief, the Defendant police officers committed perjury concerning the stop of Plaintiff’s vehicle in front of a Monroe County Grand Jury.”

This is yet another black eye on the face of the Rochester, NY Police Department and their long history of misconduct and corruption.

A police department which just recently, in a clear act of desperation to buy the trust and respect of the community, launched a billboard campaign with the slogans “We have Your Back” and “On The Same Team.”

The billboards, which were specifically targeted at minorities, featured actual Latino and African-American Rochester Police officers.

Ironically, the Rochester, NY Police Department has a long history of betraying, abusing, harassing, racially profiling and in some cases even killing innocent African-Americans and Latinos.

Recently, the Rochester, NY Police Department came under heavy criticism when 7 RPD officers executed 20 year old Israel “Izzy” Andino, a mentally-ill young man.

And just a couple of weeks ago, Rochester Police Chief James Sheppard along with Rochester Mayor Thomas Richards announced project “Cool Down” in which Sheppard stated that his officers will pull over citizens for not having a bell or a light on their bicycles!

Which is why I am not surprised that Rochester Police officers Rob Osipovitch and Ryan Hartley lied in order to pull over Mr. Barideaux.

This happens in Rochester, NY on a daily basis.

The only difference is that this time, a video camera high up on that intersection, recorded everything.

And now, thanks to the power of video, video recorded on a City of Rochester camera, the City of Rochester will have to pay Mr. Barideaux for each day he spent in jail, as a result of two lying Rochester Police officers.

As for Rochester Police officers Rob Osipovitch and Ryan Hartley? They’re still patrolling Rochester streets.

I wonder how many times they have lied, framed and set up innocent people.

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About The Author

Davy V. is a Cuban-American Filmmaker, Video Producer, Photographer and Freelance Writer, best known for using the power of video and film to expose Police Brutality, Corruption and Misconduct. The son of the late Mario Vara, a community activist who for years fought against Police Brutality and Misconduct in Rochester, New York, Davy V. got his start in Television and Video by tagging along and working camera for his father's cable access television show, "La Voz Del Pueblo" (The Voice of The People). Davy V. later went on to produce and host "KEEP IT ON THE REEL", a cable access TV show with a mix of Hip Hop as well as issues affecting African-Americans and Latinos in Rochester, NY, such as Police Brutality and Misconduct. Some guests on the show included Treach, KayGee and Vinnie of Naughty by Nature, Method Man, Funkdoobiest, Da Youngstas, and the Rottin' Razkals. Davy V. won the U.S. ACM Video Festival Award for his Documentary, "R.P.D. EXPOSED!" about the Rochester, New York Police Department and their long history of misconduct, corruption and unnecessary killings of unarmed innocent citizens. "R.P.D. EXPOSED!" and Davy V.'s follow up, "R.P.D.: Badges of DISHONOR, CORRUPTION and MURDER!" were both screened at the National Hip Hop Political Convention at Rutgers University in Newark, New Jersey. Davy V.'s work has been featured in publications such as THE SOURCE Hip Hop Magazine, URBAN AMERICA Magazine, The Ave. Magazine, Insider Magazine, La Voz Newspaper, Minority Reporter Newspaper, CNY LATINO Newspaper, DOWN Magazine, as well as on television news stations, and programs such as CNN and Inside Edition. In addition to his freelance writing, Davy V. also writes a monthly Op/Ed Column for LA VOZ Magazine and Minority Reporter Newspaper. In June 2012, Davy V. joined Cop Block as a regular contributor.
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  • Maurice Clemmons Devil Slayer

    I thought perjury is a felony. Why aren’t these 2 pigs in jail?

  • Tom

    So what good is it doing to do these stops and searches? They’re eating society from within.

  • pedro

    where is common sense and his idiotic reasoning now,,,

  • Common Sense

    Another drug dealer upset the cops broke the rules to catch him…now he wants a check. “yes your honor I was armed, and carrying drugs, but those big scary cops wronged me! I want money!”

    Perhaps he was on his way to work, or maybe to take his aged grandma to chemo…another doper wins the lottery. Perhaps he’ll OD with his settlement or have it slowly eaten away by all his relatives who suddenly discover how close they are to their long lost cousin.

    Non-story…

  • spirit of 46

    These officers ought to face charges of perjury. And, if it turns out that this person was some sort of dangerous criminal who got off because of the officers’ perjury, then the officers ought to face more time in jail because thanks to their illegal activity a violent criminal is walking around free. Now I have no idea if this guy was a violent criminal or not-this is all in theory.

  • certain

    Yes Common, he is a card carrying scumbag who breaks the law. And how, exactly, is he different from the other card carrying scumbags who broke the law? You know, the ones who committed felony perjury, kidnapping under color of authority, etc, etc, etc? Birds of a freaking feather.

  • certain

    And I’ve figured out that when cops say “drugs”, they mean marijuana. If they find crack, heroin, PCP, or whatever, they call it out by name. But saying a person was found with weed these days is kind of a non-starter, so it’s always “drugs”.

  • certain

    Because, Maurice, unlike you or I, they’re allowed to get away with it because they believed “in good faith” that he didn’t stop. I’m actually surprised the judge threw it out. Most would have said that it was dark, the cops had lights in their eyes, and they believed he didn’t stop. Wouldn’t have mattered if he did or not. He’s lucky or connected.

  • Sick

    Common sense you are a freaking idiot. I truly hope and pray that you or someone in your immediate family is destroyed by a bad cop.

    As for these 2 cops in this story, these two need to be fired and brought up on charges. When there is no accountability then these type of things will continue to happen. If this were to happen to me, you can bet your ass that I’d find a good use for $10,000 ($5000 a piece) of my award money.

  • shawn

    @Common Sense.
    “Another drug dealer upset the cops broke the rules to catch him…now he wants a check. “yes your honor I was armed, and carrying drugs, but those big scary cops wronged me! I want money!””

    ————————————————————–

    I’m as anti drug as anyone could want. If I were in power, it would be death penalty for drug dealers.
    But we have a constitution that limits what pigs can do. The constitution wasn’t designed to make your job easier. It was designed to keep the government and their agents under control. It was designed under the philosophy that the government should fear its citizens, not the other way around. If you can’t work under those limits, quit. We’ll find someone who can and will.

    The drug guy is a better American than either you or those two cops. Why, because those two cops just betrayed the Constitution. They used the Constitution to wipe their asses with, and you are no better when you support what they did. Do you not understand that by violating the limits of the Constitution, you become its enemy? That you are literally a traitor to the Constitution? Does the Constitution even mean anything to you?

    Make no mistake, the druggy’s crime(for which I advocate the death penalty) in no way negates the crime the two cops committed. I hope they are sued personally and their wife and kids get to suffer for daddy’s choices. I hope college savings are gone, wages garnished, ect. I want to see their families impoverished for their choices.

    These pigs should be imprisoned for what they did. Violating the 4th Amendment isn’t a minor offense like jay walking. What they did is worse than drug dealing. Maybe cops need their families treated this way, and then they will understand why the public cares that they are safe from illegal searches and detention.

    Abusing someone’s rights is always ok, until it is you.

  • Artie

    CS: drug dealer? How do you know that if the two cops are proven liars?
    You are simply trying to slander the victim, showing your true colors once again.

  • Bryanne B.

    http://rochesterhomepage.net/fulltext?nxd_id=262647

    “On Friday afternoon, officers arrested two men after finding drugs and a 9mm Berretta semi-auto handgun in their car during a traffic stop on Avenue D. Jeramie Barideaux and Cleveland St. John were arrested on drug and weapons charges.”

  • Hey

    @ non common sense

    We know you like lawless predatory thugs such as officers Rob Osipovitch and Ryan Hartley.

    Gang members as you like to protect their own. ;)

    Everyday there are more and more gang members like you being caught perjuring and being made accountable due to video cameras like these.

    Soon there will be courts ordering entire corrupted police depts put in guardianship where your culture of corruption will end by court enforced accountability and transparency.

    Our comments here drives you nuts, we know. :)

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  • Centurion

    @ common , I really wish I knew who you were and where you lived so I can smack you in the face with a huge pork loin. Your a cop that breaks the law to try to enforce it . Wheres your but pal t , oh yeah on his knees under your trailer table.

  • Army Vet Retired

    Hey Centurion, I can use my old program from the late nineties to ping his or her’s IP and therefore home address, assuming Common doesn’t use a mac. But I am willing to bet my commo buddies still at Bragg can trace him pretty quick. Of course, all of this would violate his constitutional rights to free speech. The point we all try and make is that the Constitution is the law of the land. All other laws may be in place only if the Constitution allows them to be. One day, I will have the misfortune of running into a bad cop. On that day, I will take a stand and most likely die.

  • Common Sense

    Ah yes, I am quite shocked the group supporting the low level drug dealer hasn’t rose up to give him money, or praise, or more sympathy, after all, he was ‘wronged’ – I mean, isn’t he supposed to be able to sling some coke and carry a pistol?

    Perhaps if Davy D posted the police reports, or even the transcripts from a prelim, lets see just what was said in court. It sounds like this poor lamb of god was just a victim, perhaps he was taking the 9mm to his grandmother and the coke to a sick cousin. Another candlelight vigil I would assume is just around the corner.

    Just like in hockey, was the puck in or out? Ref says in, camera says out. This could also be like Diablo, when the camera turns back, all will be quiet.

    Much ado about nothing…

  • Common Sense

    @Centy

    Are you having another ‘spell’ with that PTSD? Feel like no one likes you again? The goverment is out to get no one other then just poor old you?

    You’re always worth a good laugh.

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  • shawn

    @Common

    You aren’t listening to a damn thing anyone says, are you? The pigs ignored the law to do whatever they wanted. That is what cost them this case.
    4th Amendment, 4th Amendment, 4th Amendment. Can you repeat that? The cops ignored it.

    What is it with you? Ignoring the Constitution is OK in your book? Cops should be allowed to ignore the Bill of Rights as long as it gets an arrest?

    What nation do you think you’re in? North Korea? China? Russia?

  • Accountability

    Why are you guys wasting time answering back at the goon robocop gangster?

    Do you really believe he is capable to reasoned with or that he even cares?

    You know he profiles everyone here as Liberals stupid young dope users.

    Let him make a fool of himself by protecting his fellow thugs.

  • Chris Mallory

    Both officers should lose their jobs, spend many years in prison and have their bank accounts and vested pensions turned over to Mr. Barideaux.

  • dougo

    my turn next month.no drugs no guns.just another lying punk ass cop who doesn,t like others chosen look/way.of course 2nd false charge in less than a year by san diego county sheriff.they have d.a. filing false charges last year and dismissed immediatly by judge.now this time I get to expose all their b.s..if I don,t show jail.if cops don,t show nothing.dropped .

  • Common Sense

    I highly doubt these officers will face federal or even local charges. Perhaps their attention was drawn away and, “it appeared the vehicle did not make a complete stop.”

    Perhaps the officers know the driver, and they know his past, one merely has to look up his record to see he is no stranger to the police. Perhaps they believed he was armed and carrying cocaine. And wow, he was!

    Maybe Davy V and he can have a block party with his settlement check, I mean, its your tax money that’s going to pay for the settlement after all.

    I doubt you’ll be able to invite Gary Brockler, he was recently charged with his own drug crime – shocker I know.

  • Support the constitution

    B”H

    This is clear.

    The thing about cops like this is that if they willing to lie to pull a guy over they will be willing to lie about more.

    Cops like this should be treated VERY VERY harshly by the system.

    As they like to say “if you can’t do the time don’t do the crime”

    If they were tailing these guys looking for a reason to pull them over AND THEY DID SOMETHING ILLEGAL it is one thing … but to blatantly lie? under oath?

    That means EVERY case they have ever testified in comes into question.

    Of course we all know the biggest problem is the drug laws that tell people what they can and can not do with their own bodies

    I strongly oppose drug use. It is dumb. They don’t help you to be more successful, etc.

    I strongly oppose drug laws. They are dumb. They don’t work. ALMOST all of the violence that is “drug related” is really DRUG LAW related.

    Anyone wanting to learn more from a conservative expert should youtube MILTON FRIEDMAN drug laws

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  • randomwittyname

    This happened to me a long time ago when I was 20, back before there were cameras posted on every corner. Pulled up to a “T” intersection, waited for the car in the intersection to go and then pulled out. Cop pulled me over said only three wheels came to a stop. I looked at her dumbfounded and said “What kind f@eked up world are you living in that three wheels can come to a stop? What was the fourth wheel doing, levitating in the air spinning around? I think you might want to take a refresher course in physics!!” My wife who was sitting in the pasanger seat just about died laughing. The cop then wrote the ticket for 12 MPH. So three wheels were at a stop at 12 MPH? Was in an episode of Knight Rider and didn’t know it? WTF? Worst part was I paid the damn ticket because I couldn’t get off work to go fight the damn thing. Youth.

  • Joseph Jove

    Whether or not this individual committed a crime is besides the point. The point of this article, for all the pigs that are defending these two criminals (cops), is that you can’t lie under oath in court. If you do, then, you broke the law. Thus, they are also criminals. No worries, your reign of terror will soon come to it’s end. All you useful idiots, including the politicians will all meet justice by the American people. Let the show begin I say, I’ll buy the popcorn.

  • jayjay

    This article and the comments following it seem to miss the BIG BIG picture.

    When you criminalize medicinal substances, you create incentive’s for criminality.

    Put it like this – make the sale of criminalized drugs profitable and people will do it. At the same time, you give a traffic cop an incentive to infringe on the rights of citizens.

    How about this – marijuana was the largest cash crop in the US for more than a hundred years for hemp used in making ropes, textiles and industrial uses. Marijuana was criminalized because of the hemp industry, not the actual drug.

    Opium was also legal in the US for more than a century and only criminalized with the growth of the pharmaceutical industry.

    Right now – the sale of illegally acquired pharmaceutical drugs is the largest illegal drug trade in the US and police can not do a thing about the doctors that prescribe these drugs to abusers and dealers.

    So, how do we maintain harmony between police and citizens, ensure rights are protected and that the police are protecting important laws, while maintaining a lawful culture and reducing the number of people imprisoned in this country (a country that has the highest prisoner ratio per capita)?

    1. Decriminalize marijuana
    2. Death penalty for trafficking heroin, cocaine….
    3. Completely eliminate welfare, but also eliminate income tax
    4. Death penalty for guns associate with drug trafficking

  • shawn

    Perhaps the officers know the driver, and they know his past, one merely has to look up his record to see he is no stranger to the police. Perhaps they believed he was armed and carrying cocaine. And wow, he was!

    ——————————————————

    It doesn’t matter what his record is or what they believed, asshole. civil rights are civil rights, even for criminals. But to you, the Constitution is toilet paper.
    This guy, who is trash, is getting a payday for one reason only. Cops who ignore the Constitution. You don’t like the idea of him having a block party on taxpayer money? Talk to the two cops who broke the law. And since they won’t be punished, they will create another payday for another low life.

    I’m not sure what is worse, trash like you and these two who don’t care about the Constitution, or the cops who’s cars are full of white powder, along with chocolate icing, and dripped jelly.

  • Common Sense

    Poor Shawn, just learning the life isnt’ fair are we? Time to grow up junior..

    ..its odd too, if there were so many people who wanted to decriminalize this and that, then why hasnt’ it happened nationwide? Even those states with medical marijuana are now rethinking their decision. I know Paul finally bowed out so who will be your savior now?

    “You keep saying that word. I do not think it means what you think it means..”

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  • Shawn

    @Common, What the hell are you talking about? I have never advocated decriminalizing drugs of any kind. I do not buy the drugs are a victimless crime, or that’s people would stop using if they were legal.
    I do advocate strict adherence to the Constitutional. Safety bought at the price of our guaranteed liberties is worthless.
    Before someone pipes up about taking liberty to smoke a natural plant, some items have always been called contraband. There is nothing unconstitutional about illegalizing drugs.

    These two cops lied to justify pulling him over. That makes any evidence obtained illegal. There is no doubting that the suspect was scum, but there is no denying he had rights. A piece of scum is now going to profit because the cops ignored his rights.
    Learn to seperate constitutional rights from your opinion of a criminal.

    Where did fairness come into this? What word don’t I understand? And ron paul is a nut

  • AmericanThePoliceState

    Police officers who commit crimes should serve ten times the punishment and violent offenders immedately public execution upon conviction.

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  • Montej

    Cops suck. The only good ones are Reed and Malloy on Adam-12, and sometimes even they have attitude. I had to move from my home town when the casinos came in and with them a bunch of loser cops from Chicago and other places like that. I still have no idea what their problem was, but I wasn’t going to wait around for one of them to shoot me “accidentally”, when they were pointing there guns at me for no reason. What a bunch of crooked demented creeps

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  • Red

    So, they lied about the reason for the stop some people don’t have a problem believing any thing else they said?
    Proven liars. they lied, they are liars. liars with badges. Anything they say is probably a lie so how could we ever trust anything these proven liars ever say? I remember the story about a boy who cried wolf.

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  • annonimous

    This officer Ryan Hertly has a long history from Security Guard at Rochester General hospital (always wanted to be a wanna be)and as to land in the back of a car driven by a woman who suffers now from 2 herniated disk and neck problems, he still patroling our streets and still holding his job representing the citizen? lie under oath and still a good example of our community? I wonder how much more we got to hold from the corruption of the RPD? and my last question…..How much more is going to cost the City of Rochester to pay for the many lawsuits pending because of the actions of police officers like this one’s here? because when it comes to law suit for damages they offer you peanuts!

  • KR

    Why are we ignoring the fact that some clown punk was possibly pulled over with drugs & weapons – Punish them! Clean the dam streets! Pull me over – Im all good, no fears! If they looked suspicious, then too bad! Too much crap happens in this city as it is! So bet you A$$ Im also on-guard for suspicious looking thugs & criminals. If they blend in, lucky them & if they dont look civilized then I too will watch YOU like a hawk baby! Thats the way it is. Criminals & thugs have street laws & so do we! Do whats right & act accordingly OR Im all over it baby. Thieves, punks, bullies are losers & cowards. Thats the reality of it all.

  • davy v

    My name is Davy V. I’m a huge liar who gains publicity from telling lies. In regards to cop bouncers, cops can’t bounce in bars. Just check the law. Regarding this story of cops violating rights of criminals is ridiculous they got another illegal gun of the street. I can’t help but tell half the story what can I say I’m an idiot who wants to be popular. One day I will need cops to help me but hopefully they will ignore me and leave me in the gutter I came from.

  • Film Police

    The idiot cop that wants to act like Davy, fuck off. Your wife is banging your cop buddy, so go take care of that before you attack a man with more fortitude then your dumbass will ever have.

    I hope your kids are run over by a truck in front of your eyes. I want the sound and sight of their heads being squished to forever be in your head so you will always have fucked up images running through that G.E.D. brain of yours.