Monroe County, NY District Attorney Sandra Doorley Defends Rochester Police officer Ryan Hartley, Despite Two Judges Deciding he Lied, and Committed Perjury in Two Separate Cases, including an Unlawful Traffic Stop, and a “Warrantless” and “Unconstitutional” Search.

Published On September 29, 2012 | By Davy V. | Articles

By Davy V.

She remained quiet and refused to bring charges against Rochester, NY Police officer Ryan Hartley and Rob Osipovitch when they not only lied, and falsified police reports in relation to a July 2011 traffic stop, but they also committed perjury bt lying to a Monroe County, NY grand jury.

Now, Monroe County, NY District Attorney Sandra Doorley is speaking out, and unbelievably defending RPD officer Ryan Hartley even though Hartley has been found to be a liar by two seperate Monroe County Judges.

In July of 2011, officers Hartley and Osipovitch pulled over Rochester resident Jeramie Barideaux’s car for what they said was Barideaux not coming to a complete stop at an intersection.

A City of Rochester surveillance camera would later prove that both officers lied, as the video shows Jeramie Barideaux’s vehicle come to a full and complete stop at the intersction of Conkey Avenue and Avenue D.

After illegally stopping and searching Barideaux’s vehicle, RPD officers Hartley and Osipovitch claimed they found drugs and a weapon in the car.

On December 19, 2011 Monroe County, NY Court Judge Daniel Doyle dismissed all charges against Barideaux after seeing the video.

But not before RPD officers Hartley and Osipovitch, lied, falsified police reports and affidavits, and commited perjury when they testified in front of a grand jury.

And not before Jeramie Barideaux spent four months incarcerated.

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 completete stop before the police stopped the vehicle.”

Despite clear video evidence that Rochester, NY Police officer Ryan Hartley lied, falsified police reports and then committed perjury in front of a grand jury, Monroe County District Attorney Sandra Doorley refused to bring charges against officer Hartley.

But just over a year after lying and committing perjury, RPD officer Ryan Hartley did it again.

On August 9, 2012 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 criminial 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.

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.

On December 19, 2011, the same day that Judge Doyle dismissed charges against Jeramie Barideaux, Monroe County, NY Public Defender Tim Donaher sent an email to the city of Rochester, alerting city officials to RPD officers Ryan Hartley and Rob Osipovitch.

In Donaher’s email he writes, “I believe that there is reasonable cause to believe that the officers (RPD Ofc. Osipovitch and Ofc. Hartley) falsified their police reports and maybe perjured themselves at GJ.” (Grand Jury)

Donaher’s email continues, “I do not make these accusations lightly, but given the video evidence I cannot reconcile what is contained in the police reports with what the video evidence shows. Either two officers falsely claimed to see something they did not see (and relied instead upon the false report of another officer), or all three officers lied in their reports as to what actually occurred.”

And now, Monroe County, NY District Attorney Sandra Doorley has the nerve to not only defend RPD officer Ryan Hartley, a liar, but Doorley has the nerve to slam Monroe County Court Judge Doug Randall, who did the right thing?

Sandra Doorley should be ashamed of herself.

First, for doing absolutely nothing the first time RPD officer Ryan Hartley lied and committed perjury, something that the average citizen, having committed perjury, would be charged.

And secondly, for having the audacity to actually defend a lying cop, and at the same time criticize an honorable judge who did his job?

I applaud Monroe County Court Judge Doug Randall.

I wish more Judges would do what he did.

Shame on you Sandra Doorley.

Do the job you were elected to do.

Remember?

No one is above the law.

Not even a police officer.

Stop playing politics.

 

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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.
  • John Q Public

    On August 8th of this year, Monroe County Court Judge Douglas Randall issued a decision suppressing evidence from a search conducted at 375 Roxborough Road, in the City of Rochester on March 14, 2012. In his opinion, Judge Randall cites inconsistencies between the testimony of civilian witnesses and Officer Ryan Hartley of the Rochester Police Department, which led the Judge to credit the civilian witness testimony over that of Officer Hartley. Having made this conclusion, the Judge suppressed the evidence obtained during the search of 375 Roxborough Road.

    In the regular course of operations, the District Attorney’s Office reviews suppression decisions issued by the courts of this county to determine what, if any, action on the part of the District Attorney is appropriate and warranted. This process involves a thorough review of the Court’s decision and the record from the proceedings that resulted in suppression. This type of review occurs frequently, as it is not uncommon for judges to make decisions suppressing evidence based on evidence received at a hearing. Judge Randall’s strongly worded August 8th decision suppressing evidence, which called into question Officer Hartley’s credibility, compelled the District Attorney’s Office to conduct an immediate review of this particular case.

    After a thorough review of all transcripts and other evidence received at the suppression hearing, it is the conclusion of the District Attorney’s Office that the sworn testimony offered by Officer Hartley in no way violates the law nor does it warrant any further action on the part of this Office. Issues of witness credibility are raised in hearings and trials every day across New York State and across the nation. In this case, the Judge made a credibility determination and the case moved forward accordingly.

    After independently evaluating the evidence and Judge Randall’s decision, the District Attorney’s Office respectfully disagrees with the conclusion reached which questioned Officer Hartley’s credibility. Inconsistencies often exist between witnesses to the same event – perceptions often differ, yet that does not yield the conclusion that a witness is not credible. It is the opinion of the District Attorney that Officer Hartley’s testimony was in fact an honest and accurate reporting of the events of March 14, 2012 from his perspective. Indeed, after reviewing the transcript of the hearing in its entirety, it is truly regrettable that Officer Hartley’s integrity or honesty was called into question regarding this matter.

    In conclusion, the District Attorney’s Office would like to express its continued confidence in the work performed by the Rochester Police Department and in the integrity of its officers, including Officer Hartley, who serve this community with distinction each day.

  • John Q Public

    Monroe County District Attorney Sandra Doorley on Friday voiced support for a Rochester police officer facing allegations that he lied about how he gathered evidence in drug cases.

    In a prepared statement, Doorley said she “respectfully disagrees” with a decision by County Court Judge Douglas Randall that suppressed evidence in a case and questioned the credibility of Officer Ryan Hartley.

    “After independently evaluating the evidence and Judge Randall’s decision, the District Attorney’s Office respectfully disagrees with the conclusion reached which questioned Officer Hartley’s credibility,” Doorley’s statement read in part. “Inconsistencies often exist between witnesses to the same event — perceptions often differ, yet that does not yield the conclusion that a witness is not credible.”

    The Rochester Police Department removed Hartley and another officer, Rob Osipovitch, from road patrol and placed them on administrative duty pending the outcome of an internal investigation.

    Within hours of the release of Doorley’s statement, Rochester Police Chief James Sheppard called a news conference to thank the district attorney for her input, calling it “an important step” in the department’s review.

    Sheppard rebuffed a call by the president of the police union to forgo an internal investigation in favor of a public airing of the evidence.

    He said following the established internal review process was essential to maintaining the credibility of the department. Sheppard added that he would be open to discussing whether to release the findings to the public at the conclusion of the probe.

    Sheppard said the investigation would be “fast-tracked,” but declined to put a deadline on reaching a conclusion.

    “The integrity of our entire organization is dependent upon our ability to police ourselves,” Sheppard said.

    Hartley’s removal from road patrol stems in part from his testimony in court about his involvement in a home search in March.

    In an unrelated drug case involving Hartley and Osipovitch, a judge ruled that their improper stop of a defendant led to the illegal seizure of drugs in the defendant’s vehicle

  • John Q Public

    Those stories came from the Rochester Democrat and Chronicle, a local newspaper. It just displays the facts without the rhetoric that Davy V posted.

  • Yankee Fan

    Remember John, cops tell us to let the courts settle it..well it was settled. These cops are lying, breaking the law and violating constitutional rights. Thats the facts it seems. Unlawful stop, unlawful entry. These cops are the poster boys for why the constitution is so important.

  • 2minutes

    “Those stories came from the Rochester Democrat and Chronicle, a local newspaper. It just displays the facts without the rhetoric that Davy V posted.”

    Yes, and the facts are still that this officer is a lying P.O.S.; one who is willing to break the law in order to catch the criminals who – wait for it – break the law. Condoning this ranks right up there with hiring terrorists to stop terrorists in the annals of brilliant reasoning by idiots. This cop is a liar, determined by a judge; which is the same process used to convict criminals; cops have no problem with tagging a criminal a lowlife scum once he is convicted by a judge, but seem to have a severe issue with a judge
    calling them on their bullshit. In the criminals case, the judges decision is all they need to label that convict as subhuman for life, but when it a cop that receives a judges sanction, then there must be an error, a cop can’t do anything wrong, he shouldn’t be judged, you don’t have all the facts, it’s an outrage, etc.

    What hypocrisy.

  • Common Sense

    Once again, after doing some searching, more to the story comes out. Of course Davy V would have posted that as well, but since he’s not a journalist nor a reporter, he’s needs not have ethics.

    …and as always, please give Davy V money, he’s poor.

  • dougo

    i seem a common scent.pork on the bar b.

  • http://copblock.org ArmyVetRetired

    IT’s just hilarious when people, like common sense, cite news articles from a local paper to be a good point of reference in a legal case. In other news, OJ was guilty in the media before he was acquitted in criminal court and then found guilty in civil court, where opinion matters. Unfortunately, the individuals arrested where not taking those officers to civil trial. If they were to have done so, the officers would have had to pay up. I know this because the judge called the cops out. Point is, common sense is not a judge, or a lawyer, or even a paralegal. Common probably never got much love as a kid and it has all started to crumble now that he hit his thirties. Davy V, not a law professional either, but as a member of the press, he is entitled to assert opinion with fact out of context, just as the local paper is entitled to do. As a matter of fact, all people in the United States are entitled to an opinion. Sorry for the poke common, I didn’t take my meds this morning.

  • No Common Sense

    “he’s needs not have ethics.” It’s obvious with grammar and spelling like he possesses, he’s another moron child/cop troll. Too many beatings and not enough love. Someday, hopefully soon, his intellect will contribute to the trolls removal from this wonderful world.

  • G. McGowan

    Cops say he didn’t come to a complete stop and video shows he did, cops are either idiots or lying. People and alarm company say they entered house at 8:00 pm and report said 11:00 PM……….LIAR LIAR AND ALL THAT PANTS ON FIRE CRAP, GIVING GOOD COPS A BAD NAME, shame shame.

  • certain

    Most of the John Q Publics of the world are drooling morons who believe everything the paper prints.

  • John Q Public

    Most of the certains of the world are drooling morons who believe everything copblock prints.

  • Amigajoe

    The problem is there were very few ‘facts’ in those stories. It simply says that an internal review was done and: ‘ It is the opinion of the District Attorney that Officer Hartley’s testimony was in fact an honest and accurate reporting of the events of March 14, 2012 **from his perspective.**’. A huge cop-out (so to speak) No explanation of how those findings were reached and certainly not how they account for the discrepancies. Without an explanation that ‘opinion’ is meaningless.
    Humans make mistakes, but the ADT records don’t, so she couldn’t blame civilian witnesses and just says what the officer said wasn’t THE truth, but it was HIS truth. Disgusting.

  • Rowland Buck

    This story is an example of a HUGE problem with the war on drugs. Its just way to easy to plant illegal drugs on people.

  • Common Sense

    Whoa! Grammer cop! Look out!

    ha ha ha, just another clown for the parade…

    Davy is not a ‘member of the press’ – he’s a town begger.

  • Hey

    Monroe County District Attorney Sandra Doorley should be fired for being biased and not able to defend the public’s interests.

  • dougo

    she,s a dirty,rotten,cop sucker.

  • deepelemblues

    Irrefutable evidence shows the cops lied.

    DA says “Well in our opinion they didn’t.”

    Common: See, there’s the real story! An unsupported assertion from the DA that’s directly contradicted by unimpeachable evidence! Why did you leave out that assertion with no evidence behind it that is contradicted by the actual evidence, you’re not telling the whole story! The whole story doesn’t support my position but I will say it does anyway. Fuck you, ‘civilians.’

  • Randy Hudson

    Knowing that the cop lied is not enough. To convict the cop of perjury, it must be proven beyond a reasonable doubt. There’s a wide space in which the judge can find the testimony lacking enough credibility to be presented to the jury, yet the cop could raise doubt as to whether he or she intentionally lied about material facts.

    Yes, the prosecutor seems extremely reluctant to bite the hand that feeds her; the cops have apparently been helping her get convictions she would not otherwise have gotten, by perjuring themselves and by illegally searching for and/or planting evidence. One solution would be for the state and/or the Feds to investigate. In that case, the prosecutor’s refusal to indict the cops means they do not have double-jeopardy protection.

    If the prosecutor knowingly attempted to use perjured testimony, she can and should be disbarred. The judge can also find Contempt of Court in such behavior, and fine or jail her; but that’s very rare.

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