Rochester, NY Police Chief James Sheppard Refuses to Take Any Disciplinary Action Against officers Rob Osipovitch and Ryan Hartley, Despite their Committing Perjury in Front of a Grand Jury

Published On July 31, 2012 | By Davy V. | Articles

By Davy V.

The video shows the intersection of Conkey Avenue and Avenue D, on Rochester, New York’s eastside.

A few seconds into the video, a four door, light colored sedan is seen coming to a complete stop at the intersection.

Then, the car proceeds as normal.

Almost instantly, a light can be seen shining on the vehicle, then not one but two Rochester, NY Police cruisers, do a u-turn in the intersection, and follow the sedan.

The light that is seen in the video, is Rochester Police shining their spotlight in blinding fashion, in Mr. Jeramie Barideaux’s face, the driver of the sedan.

What would happen next, would land an innocent man, Jeramie Barideaux in jail four months.

Rochester, NY Police officers Rob Osipovitch and Ryan Hartley lied about Mr. Jeramie Barideaux not coming to a complete stop in order to have a reason to pull him over and conduct an illegal stop and search of his vehicle.

They then claimed to have found a weapon and drugs in Mr. Barideaux’s vehicle.

What they failed to realize is that through the power of video, their lies were caught on camera.

It turns out, a City of Rochester video surveillance camera located high above that intersection, recorded Mr. Barideaux coming to a full and complete stop.

Eventually, Monroe County Court Judge Daniel Doyle, after watching the video, dismissed all charges against Mr. Barideaux, stating in his decision “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.”

But not before Jeramie Barideaux had served 4 months incarcerated, away from his family.

And, not before Rochester Police officers Rob Osipovitch and Ryan Hartley, lied and and falisified police reports, and committed perjury by testifying in front of a Monroe County Grand Jury that Mr. Barideaux did not come to a full stop, when as the video proved, he did.

And Rochester’s top cop, Police Chief James Sheppard, has so far refused to in any way shape or form discipline officers Osipovitch and Hartley, despite there being solid evidence that his officers lied and committed perjury.

So I called Rochester Police Chief James Sheppard’s office, and spoke with Mary Ann. I asked for Karen, whom I had spoken to yesterday and who told me that someone would be getting back to me to answer my concerns.

But no one ever did.

Karen, very rudely stated to me “You know, just to let you know, you can speak to anyone else here and they can answer your questions.”

I then tried explaining to Karen that no one had gotten back to me, and I asked her for the number to the RPD’s Public Information officer.

Karen, again in a very rude tone of voice told me “I can’t give you any numbers, all I can do is transfer you.”

I then told Karen that I did not understand why she was being so rude and unprofessional towards me, and I informed her that as part of my job as a writer, I would be quoting her, and documenting our conversation on my blog.

Karen then, in the middle of me talking, transferred me to RPD Sgt. Justin Collins, where I left him a message on his voicemail.

And so, it’s business as usual when it comes to the Rochester, NY Police department, and it’s long history of misconduct, corruption and coverups, and rogue, lying officers.

Officers such as Rob Osipovitch and Ryan Hartley who violated their sworn oaths to uphold the law, and who betrayed the Constitution of the United States of America, by lying, setting up an innocent man, then committed perjury in front of a Grand Jury.

Business as usual with a Police Chief who refuses to take any action against Rochester, NY Police officers Rob Osipovitch and Ryan Hartley, despite there being solid evidence that they lied, and committed perjury, and as a result, an innocent man spent 4 months in jail,

Business as usual, within the Rochester, NY Police department where rude and unprofessional staff hang up the phone on taxpayers.

 

Rochester, NY Police Chief James Sheppard

(585) 428-7033

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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.
  • Mark

    Why doesn’t the victim, Jeramie Barideaux, file a formal written complaint against the cops, with a sworn affidavit along with all supporting evidence with the County District Attorney’s office???

    If the County DA doesn’t do anything, then file a formal written complaint against the cops for perjury and against the County DA for being complicit. (Complicit: adjective – choosing to be involved in an illegal or questionable act, especially with others; having complicity)

    If the State Attorney General doesn’t pursue charges, then file a complaint with the US District Attorney’s office name the cops, County DA and the State Attorney General as accomplices.

    Just my 2 cents…

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  • shawn

    I wonder if the boot lickers, like Common and T would like to explain again why we can trust cops to self police? That we should just wait for and trust their internal investigations to churn out the predictable “We did nothing wrong” responses.
    I swear, a cop could kill a two year old and claim fear for his life, and the rest would back him.

    Clear evidence of perjury, and ignoring the 4th Amendment. But no interest at all by their boss in addressing it. So now a druggy gets free money, which he deserves for the violation of his rights, and the cops responsible will be free to do it again.

    Maybe if the losses came out of police budgets, they’d be a little more concerned with getting sued.

  • Good Job

    Do what Mark said above. GO AFTER THESE COPS. They can’t be trusted.

  • Common Sense

    @Shawn

    Had Davy produced a transcript of the testimony, then you have something to work with. What was exactly said before the grand jury? I don’t know and neither do you. All there really is so far is the wording in a lawsuit. JB has not made a tearful cameo on TV, no blood stained dog to hold up to cameras. Yeah, speaking of that, where did Gary go? Oh, he’s in jail, nevermind.

    Anyway, civil suits are written in a certain light, bias towards who’s paying the attorney to write it. His suit is one of 25000 that will be filed.

    Since more then a year has transpired and Davy had no clue who Jeramie was until now and decided to post a blog and write a letter that no one at Rochester PD will ever read, nothings come up.

    NO complaint from Jeramie B. I wonder why? Is it because he’s pistol packing cocaine dealer (he was then, maybe he’s found the Lord) and he has ‘opted’ to try and get some coin from the city? Perhaps. Have at it, the only one that will get money for certain, is the attorney.

    At his rate, JB will be choking on his own blood before he ever gets a check, dangers of the job sling dope. And then, when he gets it his money, all his friends will know, and I’ll get ripped off. Ah, life in the city.

  • Shawn

    @common

    Unless I’m missing something here, the cops’ testimony for pulling him over was for not stopping. But the video is clear. He stopped. There isn’t a lot of ambiguity in those two bits of information.
    I’ve been in the position of a cop lying to pull me over. You may think that’s nothing, but I do.

    And yes, if this guy is a user, I’m betting he’ll overdose on any lawsuit he wins.

  • Common Sense

    Again, fact is, there is about 80% of this incident that isn’t known. I have read hundreds of decisions and opinions, and most are more then just a few sentences long. In time, the decision will find itself online.

  • Artie

    Taking such great pains to equivocate about these liars and perjurers.

  • shawn

    Common, I’m still trying to understand why you feel there is room for misinformation.

    1. Two cops claim they pulled him over for not stopping, justifying the search.

    2. A camera clearly shows he did stop. And it was a stop that would have made a DMV instructor proud.

    One of the two is lying, and I doubt it is the camera. These are the only two pieces of the story that matter, when dealing with whether they had legal cause to stop the guy.

    Now, I’m not trying to defend a drug user or pusher. But rights are rights, even for scum. You can’t simply ignore them because it isn’t convenient.

  • Common Sense

    Until I see the transcript, it’s open. A typical lawsuit is about 5 pages, all we have been shown is one sentence. What was said in the grand jury? No one knows as of yet so there can be no assumption on perjury, yet. You are free to speculate of course.

    “I saw the vehicle approach the intersection, then my attention was directed to cross traffic and upon seeing the vehicle again, it didn’t not appear to have come to a complete stop…”

    “I stopped the vehicle for disobeying a stop light”

    Only a preponderance of the evidence is necessary for a traffic case. Why was there a search of the car? Was JB wanted? Did he flee? Consent? K-9 hit? Suspended license? Again info we don’t have.

  • SingleSpeed

    Yeah, you uneducated, dirty hippies! Only a PREPONDERANCE of the evidence is necessary for a traffic case. Take that! ;)

  • Shawn

    Um, a preponderance of evidence is all they need to charge someone for any crime. It is the conviction that needs beyond reasonable doubt.

    I’m not sure if your comment on looking away was a speculation or not. But if the cop took his eyes off the car and missed the critical moment, doesn’t he owe the driver the benifit of the doubt? If you miss the critical moment, then you really know nothing and are just guessing. Last I heard, guesses aren’t admittable as evidence. Nor is a guess probable cause.
    I hope to hear more about this case, and hope there is more information that clears the cops. believe it or not, I’d rather see that the cops. got this right, rather than hope they screwed up.

    Remember the phrase I’ve used a lot. “assumption is the mother of all fuckups” – Under Siege.
    This guy may now cash in.

  • Shoot the tyrants

    @common sense. Just wash your mouth out with a .45 and do us all a favor so we don’t have to read your bullshit any longer. You are a pathetic piece of shit. Keep defending your criminal cronies you worthless cocksucker.

  • Jean

    “Preponderance of Evidence” is the standard in a CIVIL trial. “Beyond a reasonable doubt” is the standard for a Criminal trial. Got to keep those separate.

    I DO note, however, the “lattitude” (Wiggle room or Weasel words) used by Common Sense:
    “I saw the vehicle approach the intersection, then my attention was directed to cross traffic and upon seeing the vehicle again, it didn’t not appear to have come to a complete stop…”

    “I stopped the vehicle for disobeying a stop light”

    Yes, it APPEARED to not have done what YOU think it should’ve done, HOW you think it SHOULD have done it, and for the DURATION you think it should have been done, and it didn’t wait around until you got to inspect it closely.

    We knoe you’re mostly troll, but still: SERIOUSLY? Does that not fit the DEFINITION of “Police State”?

    Now, if there was an APB out for that make and color of car, I could understand it – I had that happen to a friend of mine returning to work from lunch. He was pulled over because there was an APB out for a murder suspect driving that make/color/model/year of car. No problems overall, just a quick traffic stop. And there was suspicion in this case to actually force a search of the car, should the officer “deem it necessary”.

    But failing to stop fully at a stop sign or red light? Ever hear of a Jersey Stop? Or try coming to Boston, MA, or Erie, PA, where traffic signals of all sorts are “suggestions”. (And I don’t mean at 3 AM when no one is around, I mean 9 AM on main street in oncoming traffic… These people are CRAZY.)

    From the limited information here:
    – the officers are guilty of intentionally FINDING cause to pull this guy over;
    – Choosing words so they can’t be charged for Perjury; (FOR, not WITH)
    – acting like criminals, and getting away with it.

    To put it in simpler terms: The Social Contract is broken by these actions, and all that little silver (or gold) badge means is, “Insert bullet/knife here.”

    One or two in a city? Bad apples.

    We get a LOT more reports here than a handful of cities, or a few isolated incidents – and then there’s Youtube, the cop bulletin boards / blogs, etc, etc, etc. CopBlock isn’t the first site of this kind, either. And as soon as you know ONE cop is planting evidence, EVERY cop is seen as dirty. Guilt by association. And the ones we KNOW are bad are somehow NOT FIRED or DISCIPLINED, let alone brought to justice.

    Who’s fooling whom, now?

  • Common Sense

    The burden for a traffic case is lower then a criminal case. And depending on state, traffic cases are in fact “civil infraction” – thank for proving me correct.

    And you are thinking if probable cause Shawn.

    Last I checked, the police could not search your car because of a civil infection, so, was there so other cause/suspicion? There is not documents to show what happened, so all this is speculation at this point. In short you have to see, in print, the officer(s) testimony.

    Either way, it’s highly unlikely it will be perjury in any event.

  • Common Sense

    @tyrant

    I must have missed something while I was sodomizing your mother, was it important?

  • shawn

    @Common, I would love to know when and how the burden of proof for a traffic violation was reduced. Nothing in the Constitution said the burden on the government was lessened in a traffic violation. You still need clear evidence, presentable before a judge, who then carries out the punishment if you push it that far. Sounds like someone simply decided to make it easier to collect money.

    Last I heard, a traffic violation was still technically a criminal act with a minor criminal penalty, and the event went on your record. It is no different from any other criminal violation, other than in severity. And some traffic violations are more sever than other crimes.

  • shawn

    Last I checked, the police could not search your car because of a civil infection, so, was there so other cause/suspicion? There is not documents to show what happened, so all this is speculation at this point. In short you have to see, in print, the officer(s) testimony.

    ———————————————————

    He could have just been an idiot who gave them permission. I watched a dumbest criminal video once where the cops pulled a guy over for a minor traffic violation. As always, they asked for permission to search. He said, “Sure”

    They locked him in the back of the patrol car, then opened the trunk of his car. You could hear the guy in the back yelling “Oh, God, Help me! Someone Help me!”

    Inside the trunk was half of the drugs in mexico. His trunk was full.

    The cop asked him, “Why did you say I could search your car?”

    “I thought I’d look guilty if I said no.”

    “Well you sure look innocent now, don’t you.”
    The cop was dumbfounded. If the guy had said no, they’d have probably let him go assuming he was just being hard on his rights.
    ————————————-
    I love that video.

    I don’t know if there was other causes for the search, but the video makes their claim for cause to pull him over suspect. I hope something is missing from the story that justifies their actions. I do not want to see this guy get a wad of cash for them screwing up. But if they did, he should win.

  • toad

    tester

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  • certain

    They got a tip that the guy was carrying dope, and they made up an infraction to have cause to pull him over. Then, whether he gave consent or not, and whether they had PC or not, they searched his car, knowing that they could claim whatever they wanted in the arrest report and nobody would bat an eye. Freaking happens 10,000 times a day, all across America. Difference this time is they got caught lying. However, being cops, they’re allowed to cheat, steal, and even murder. If they don’t get burned for those things, what makes you think a little felony perjury is any bother to them?

  • Chris Mallory

    (lack of) Common Sense: “The burden for a traffic case is lower then a criminal case. And depending on state, traffic cases are in fact “civil infraction” – thank for proving me correct.”

    That will depend on your state laws. In Kentucky, the standard is still “beyond a reasonable doubt” Kentucky law states that all defendants in traffic cases have the right to a jury trial, even seat belt offenses.

    Face it, these cops lied. They should at the very least be out of jobs and any pensions they have. Ideally, 10 years in prison would be better for them.

  • http://aol.com eric

    Sounds as if a civil lawsuit is necessary against the officers and the department to get the response and answers!

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  • Justin

    I live how everyone wants to stick up for JB.
    Anyone ever stop to think about the greater good?????
    Ok so he did stop, great, but the bigger issue is being over looked.
    This guy had an illegal gun and drugs in his car.
    Not exactly a law abiding citizen is he??

    So the cops bent the law a bit, maybe JB was known to them, who cares if he sat in jail for 4 months , he should have served a lot more for the drugs and gun!

    You call the cops corrupt, but hold the drug dealer with a gun up like he should be vindicated or something. You idiots got your world views all ass backwards!!

  • STFU JUSTIN

    @JUSTIN STFU…THEY DIDNT FIND ANYTHING YOU NUT THEY LIED AND SAID THEY FOUND DRUGS AND GUN…DAMN DID YOU READ BEFORE COMMENTING