Monday, September 24, 2012

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

By Davy V.
September 24, 2012 7:22 PM ET

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 possession 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.

Link to my original story on RPD officers Ryan Hartley and Rob Osipovitch

Link to video of city of Rochester, NY surveillance cameras proving RPD officers Ryan Hartley and Rob Osipovitch committed perjury in 2011

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