Rochester, NY Police officers Ryan Hartley and Rob Osipovitch illegally Break into Home and Conduct a “Warrantless” and “Unconstitutional” Search, One Year after the Two Committed Perjury

Published On September 24, 2012 | By Davy V. | Articles

By Davy V.

In July of this year, I wrote about Rochester, NY Police officers Ryan Hartley and Rob Osipovitch lying, falsifying police reports and committing perjury, under oath in front of a Monroe County, NY grand jury where they were testifying about a traffic stop.

That traffic stop, which occurred in July of 2011, involved Rochester resident Jeramie Barideaux.

Barideaux was driving on Rochester’s east side when he came to the intersection of Conkey Avenue and Avenue D.

Coming in the opposite direction was RPD officers Ryan Hartley and Rob Osipovitch.

Hartley and Osipovitch falsely accused 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, a City of Rochester surveillance camera recorded the whole incident, including officer Hartley and Osipovitch’s lies.

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

Rochester, NY Police officers Ryan Hartley and Rob Osipovitch later testified in front of a grand jury and committed by perjury by lying under oath.

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.”

Since then, Rochester, NY Police Chief James Sheppard has refused to take any disciplinary action against officers Hartley or Osipovitch, despite clear evidence that they lied and committed perjury.

Well, here we go again.

Rochester, NY Police officers Ryan Hartley and Rob Osipovitch are back in the spotlight.

And this time, Monroe County, NY Judge Doug Randall issued an order accusing Rochester Police officer Ryan Hartley of not only lying, but also of breaking into a man’s home and conducting a “warrantless” and “unconstitutional” search.

On March 14, 2012, around 8 p.m., Rochester Police officers Ryan Hartley and Rob Osipovitch illegally broke into Christopher Charles McNair’s home on Roxborough Rd. where they claimed to have found drugs and cash.

McNair would later be indicted on charges which included criminal posession of a controlled substance 1st degree; a Class A felony that carries a possible twenty year prison sentence.

However, that charge, and most of the charges in the indictment were dismissed by Judge Randall, who, during a hearing to decide what evidence would be admissibile at trial, several times “called into question” Rochester Police officer Ryan Hartley’s testimony on the witness stand.

Judge Randall’s order, issued on August 9, 2012, lays out RPD officer Ryan Hartley’s as well as other witness testimony, showing that RPD officers obtained a warrant to enter McNair’s home around 11 p.m., but only after McNair was in custody after being pulled over for a traffic violation.

The problem is, that evidence from ADT home alarm records contradict RPD officer Ryan Hartley’s testimony that he and other officers entered the home only after they obtained the warrant.

ADT notified 911 communications center that someone had entered the home around 8 p.m.

Subsequent motion sensors were triggered following that.

Also, two of McNair’s neighbors, who live across the street testified that they saw police officers with flashlights inside McNair’s home around 8 p.m.

RPD officer Ryan Hartley reportedly secured a perimeter around McNair’s home and testified in court that he made entry into the home only after the search warrant was obtained.

Hartley also testified that his interest in McNair’s home was a result of a tip from a “concerned citizen,” who was later identified as a confidential informant.

Judge Randall’s decision reads, “Said informant could not in any way be considered a ‘concerned citizen’ as characterized by officer Hartley.”

At one point, Randall’s decision states, “Officer Hartley’s testimony stating that no on entered the residence at 375 Roxborough Road until he returned with a signed search warrant is sufficiently discredited by the testimony of the confidential informant, Maggie Bell (neighbor), Nakeya Bell (neighbor), Stephen Fischer and the timing of the 911 calls, the motion sensor alarm, the ADT Security alarm notifications, and the CAD (911/police) reports related to what occurred inside the residence at 375 Roxborough Road on March 14, 2012.”

According to Randall’s decision, RPD officer Ryan Hartley and Rob Osipovitch both were involved in drafting the search warrant.

RPD officer Rob Osipovitch was also involved in the warrantless break in and search of McNair’s home.

Judge Randall’s decision comes about a month after RPD officers Hartley and Osipovitch were named in a lawsuit filed by Jeramie Barideaux’s attorney.

And just like the last time Rochester Police officers Ryan Hartley and Rob Osipovitch were found to have lied and committed perjury in front of a grand jury in Barideaux’s case, Rochester, NY Police Chief James Sheppard once again, said he had no comment.

And still, Rochester, NY Police officers Ryan Hartley and Rob Osipovitch, remain on duty, patrolling Rochester’s streets.

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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.
  • Aaron

    At the very least, the chief should consider whether these two can get convictions as a parameter of their continued employment. In all businesses, you want employees who “get after it,” but not to the extent that they destroy the end product.

    Even if it weren’t a rights violation, it would still be a performance problem and the chief should reconsider whether these officers are worth having on the job.

  • Steve H.

    I’m shocked. Leos lying on police reports and in court. What’s this world coming to.

  • Yankee Fan

    These assholes are the poster children for why the constitution is so important. What is important to remember, atleast as far as the police officer minds goes is..as long as the ends justifies the means then who cares how it happened.

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  • Steve H.

    Want to get out of jury duty. Just do what I do, tell the welcoming committee at the courthouse that you can’t believe anything that comes out of leos mouths. They’ll let you go home.

  • Exiled in the USA

    If there wasn’t evidence of the officers’ actions, no one would have ever heard anything about either of these incidents of police misconduct.

    The frightening issue is if the facts as reported are true and the officers are still on duty after such well-publicized incidents, what is the rest of the RPD doing when the cameras are off.

    Welcome to the Age of GESTAPO 911.

  • Common Sense

    He still got popped for cocaine. Cya in a decade doper.

  • shawn

    This is what happens when bad cops aren’t dealt with the first time. They escalate the offense. Next time, someone will probably end up dead. These two obviously care nothing for the Constitution.

    @Common
    I wouldn’t count on that. The cops took a shortcut that makes the evidence worthless. A cop loving friend has always said, cops blow a lot of cases taking shortcuts.

  • DKSuddeth

    two cops lied, on the stand under oath, twice. no discipline by upper ranks and no charges filed by the DA. Why shouldn’t the citizens of rochester start disciplining the cops themselves?

  • Common Sense

    Actually he lost his suppression hearing for the dope in his pocket. He’s a career doper with priors. Maybe he’ll find religion in prison.

    Had he wrote that officer entered to conduct a protective sweep or the like, the evidence (shotgun, dope, money) would not have been suppressed.

    Again, another doper off the street. Good Job Rochester PD!

  • DKSuddeth

    common, do you advocate breaking the law to enforce the law?

  • Yankee Fan

    No matter what, it wasn’t a good job by these thugs. They demonstrated the ends justifies the means brand of law enforcement and thats what the constitution is protecting us against. The government and it’s agents doing whatever they want. Do the job right and there is no problem.

    If they had wrote that what you said Common, it would depend where they found it. Plain view is allowed in as evidence but you can’t create some phony excuse to open safes or desk drawers or any place that a reasonable person would call a search and say its part of a “protective sweep”.

  • zon

    common, your proving yourself completely lawless just like the cops your protecting.

  • zon

    what should happen with this police department is that all convictions obtained by the department should be automatically overturned, all officers fired and then charged with whatever crimes they committed. then the same done to the prosecutors, judges, and all other officials in the court that the officers committed perjury in and all of them prosecuted for whatever crimes they can be prosecuted for, then their replacements will be terrified of being in any way dishonest.

  • Kassius williams

    These two police officers have harassed me for three years rob was responsible for my last incarceration. Pulling me over saying I didn’t signal when I no I did I hope him and his black flunky partner get jail time. They been doing the whole eastside dirty taking money, drugs, and beating people up. I never said nothing cause they always believe a officer. I went to school with Rob he is only a officer for 8 hours police our human just like anybody else. In Rochester they r worst then gangs u can’t trust them. Wanna put us n jail for tryna survives nd they doing more bad then good.