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Post by Site Admin on Sept 13, 2005 5:41:24 GMT -5
Marengo cop on leave amid inquiry[published on Thu, May 26, 2005] By JOSH STOCKINGER jstockinger@nwherald.com MARENGO – A police officer who was cleared of wrongdoing after a five-month state police investigation has been put on paid administrative leave as two internal investigations into separate incidents are conducted. Marengo Police Chief Les Kottke was tight-lipped Wednesday about why Officer Scott Crawford was placed on leave and would not give details of the investigations. "There's no accusation by me that he's done something wrong until these investigations are done and reviewed," Kottke said. "At this time, Scott [Crawford] is an officer in good standing." Crawford, a full-time officer hired in February 2003, has been on leave since April, Kottke said. But this is not the first time he has been the subject of an investigation. The Illinois State Police were called in last year to look into accusations that Crawford had used excessive force in the arrests of two men on charges of disorderly conduct. Departments commonly call in outside agencies to examine such allegations. But no charges were brought against Crawford for the arrests, which took place at a festival in October 2004. The state police presented their findings on an investigation of Crawford to the McHenry County state's attorney's office in March, said Master Sgt. Joe Perez, a state police investigator in Elgin. The state's attorney backed disorderly-conduct charges against the men making the allegations after the case went before a grand jury, Assistant State's Attorney Nichole Owens said. Violations of police department policy and codes of conduct were two examples that Kottke gave for why an officer might take paid leave or become the subject of an internal investigation. Mayor Don Lockhart would not comment Wednesday on the investigations. He said only that the police and fire commission would have the ultimate say on whether Crawford keeps his job, depending on what the investigations reveal. Alderman Jack Genot said he trusted that the department would conduct a fair investigation. "If we've got a problem [with an officer] in our police department, we need to root it out," Genot said. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/May/26/Main/50855.xml
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Post by Site Admin on Sept 13, 2005 5:58:02 GMT -5
Prosecutors want officer's papers closed Publication Northwest Herald By KRISTEN TURNER kturner@nwherald.com WOODSTOCK - McHenry County prosecutors are rebuffing efforts to gather information about an embattled Marengo police officer's past by two brothers who say they were mistreated by the officer. The lawyer for brothers Brian and Michael Gaughan, 22 and 19, have not shown why documents about officer Scott Crawford were relevant to their criminal battery cases, Assistant State's Attorney Nichole Owens wrote in court papers filed Wednesday. Earlier this month, the Gaughans' lawyer, Michael Norris, issued 10 subpoenas to a wide array of police agencies and to two colleges in search of a diverse group of documents. The brothers claim that Crawford roughed them up at a festival in October 2004, but an Illinois State Police investigation cleared Crawford of wrongdoing and led to felony false-reporting charges against the Gaughans. Since the end of that investigation, Crawford's employment history has come into question. He has been placed on unpaid leave from the Marengo Police Department, and he could lose his job. Marengo police said Crawford omitted information on his employment application, initiated an improper high-speed chase, and fostered a hostile work environment. Crawford has worked in Marengo since 2003. He worked for the Waukegan Police Department before that and left the job amid an internal investigation into the beating of a handcuffed man by Crawford. The Marengo and Waukegan Police departments are among the agencies Norris seeks information from. He also seeks information about Crawford's education and job applications to other police departments. Norris also wants information about a high-speed chase in which Crawford was involved, as well as other Marengo police investigations. The Gaughans have said they were contemplating filing a civil-rights lawsuit against Crawford. Brian Gaughan of Marengo is charged with aggravated battery, property damage, trespassing, and resisting a police officer. Kevin Gaughan of DeKalb is charged with aggravated battery and resisting a police officer. They both could be sentenced to up to five years in prison if convicted of the most serious charges. The Gaughans are due in court next Aug. 10. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/July/28/LocalNews/56957.xml
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Post by Site Admin on Sept 13, 2005 5:58:29 GMT -5
Marengo brothers want to check officer’s background By Charles Keeshan Daily Herald Staff Writer Posted Thursday, July 28, 2005
McHenry County prosecutors Wednesday sought to block two brothers charged with assaulting a Marengo police officer from digging into the officer’s past.
Prosecutors asked a judge to quash more than 10 subpoenas filed last week by the attorney for Kevin and Brian Gaughan seeking information ranging from college transcripts and job applications to disciplinary reports for suspended Marengo police officer Scott Crawford.
The Gaughans, Brian, 21, and Kevin, 18, each face aggravated battery charges stemming from a dust-up with Crawford at a village festival last year. The brothers, both Marengo residents, also face felony charges alleging they lied to Illinois State Police detectives investigating the incident.
Both men, as well as several witnesses, claim Crawford was the aggressor in the confrontation that led to the Gaughans’ arrests. They said the officer used excessive force when taking them into custody. They plan a federal civil rights lawsuit against Crawford and the Marengo Police Department.
Their attorney, Michael T. Norris, said Wednesday the items he is seeking through subpoenas will show Crawford has acted violently toward citizens in the past and lied about his work activities.
“It’s always relevant when someone has a propensity for violence,” Norris said. “One’s ability to tell the truth is always relevant as well.”
But Assistant McHenry County State’s Attorney Nichole Owens said the information Norris is seeking is unrelated to the events that led to the Gaughans’ arrests last year.
“The defendants are the Gaughans and I don’t see how Crawford’s college transcripts and the other things they’re looking for are material to this case,” Owens said.
Judge Joseph Condon is scheduled to hear arguments Aug. 10 on the prosecutors’ request to quash the subpoenas.
Although state police investigators initially cleared Crawford of wrongdoing in the Gaughan case, the agency this month ordered a review of how that inquiry was conducted.
Marengo police suspended Crawford, 26, without pay earlier this year for three violations of department policy, including lying on his job application and his involvement in a high-speed chase. Police Chief Les Kottke is expected to take Crawford’s case to the village’s board of police and fire commissioners next week, where the officer could face dismissal.
Since joining the Marengo Police Department, Crawford has been the subject of two complaints for excessive force. He resigned from the Waukegan force in 2003 after being videotaped striking a handcuffed suspect.
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Post by Site Admin on Sept 13, 2005 5:59:20 GMT -5
Marengo cop's hearing could be delayed Publication Northwest Herald Date August 02, 2005 Section(s) Local News Page By JOSH STOCKINGER jstockinger@nwherald.com MARENGO - New evidence that could hinder the police department's case against Officer Scott Crawford might delay a disciplinary hearing set to begin tonight, officials said Monday. Marengo Deputy Police Chief Joe Hallman said the department learned last week of potentially important information about Crawford that has been held by the city's Police and Fire Commission. He said the force would request a short postponement and full disclosure of the commission's file on Crawford at the hearing's opening, set for 6 p.m. today at city hall, 132 E. Prairie St. Hallman would not say what information he wanted specifically but said it could be detrimental to the department's case. He declined to comment further. "I don't know at this point," he said. "I'll have to follow up on anything pertinent or relevant." Crawford faces allegations that he took part in an improper high-speed chase, fostered a hostile work environment, and withheld information on his job application. The officer was hired in February 2003 and has been on unpaid suspension since the department filed the complaints in June. He could be fired. The commission's files, Chairman Victor Zabelka said, generally include documents dealing with "hiring, firing, training or promoting," such as background checks, physical exams, polygraph tests, and psychological evaluations. Zabelka said the commission, by law, could reveal only parts of the file. City attorney Mark Gummerson said the department had access only to Crawford's application and a subsequent personnel file from his time on the force. He said Crawford denied on the application ever having been involved in a federal lawsuit when he had been the subject of a civil-rights lawsuit into allegations of excessive force when he was a police officer in Waukegan. Gummerson said the commission's file might contain new details about Crawford's hiring and whether he tried to disclose the Waukegan lawsuit, which was settled for $30,000. Neither Crawford nor his attorney, Erika Raskopf of the Fraternal Order of Police Labor Council, could be reached for comment Monday. If denied the continuance and disclosure of the file, Gummerson said, the department will proceed only with the complaints regarding the high-speed chase and hostile work environment. Zabelka would not speculate as to whether the commission would grant the requests. The hearing originally was scheduled for June 30 but was postponed when Crawford asked for more time to prepare his case. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/August/02/LocalNews/57397.xml
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Post by Site Admin on Sept 13, 2005 6:00:12 GMT -5
Civil rights suit stems from investigation By Garrett Ordower Daily Herald Staff Writer Posted Tuesday, August 16, 2005
There was only one set of tire tracks on the deserted street in Marengo, and it would soon be covered by the blustery, steady snowfall. Where the tracks stopped sat a car, and in it private investigator Paul Ciolino quizzed 17-year-old Zachary McMackin about his arrest in the town of 8,000 a year ago. A court reporter sat in the passenger’s seat.
Still wearing his pajamas, McMackin described being tackled by officer Scott Crawford and then having two cans of pepper spray emptied into his face.
Then, toward the end of the interview last December, he mentioned a couple of other teenagers who also had stories about Crawford.
“What started as a simple criminal defense case has turned into an unbelievable civil rights case,” Ciolino said at a news conference Tuesday, announcing a multi-million-dollar lawsuit against Crawford, his partner, officer Kelly Given, former Chief Larry Mason and the city of Marengo.
The 79-page suit filed late Monday seeks about $1.5 million in damages for each of the six named plaintiffs, for a total of $9 million. Some of the named plaintiffs are the parents of minors who allege police abuse. It argues both that the officers violated the plaintiffs’ civil rights through excessive force, battery and false arrest, and that the department should never have hired Crawford.
Crawford has repeatedly declined to comment, and could not be reached Tuesday. His Fraternal Order of Police attorney, Erika Raskopf, has said he will be vindicated on the charges brought against him by the Marengo police administration.
Marengo Chief Les Kottke referred comments to city attorney David McArdle, who said the city is waiting to see the outcome of the police commission hearing before making any comment, and that the federal lawsuit would be handled by the city’s insurance company.
Given did not return a call for comment, and Mason could not be reached.
Other accusations
Ciolino and attorney Kevin E. O’Reilly described the 26-year-old Crawford as a man on a rampage against teenagers in the central McHenry County town, and that his department was negligent and reckless in hiring him in February 2003 and keeping him on the police force. According to documents obtained by the Daily Herald, he resigned from the Waukegan Police Department after being videotaped beating a suspect.
Ciolino and attorney Kevin E. O’Reilly described the 26-year-old Crawford as a man on a rampage against teenagers in the central McHenry County town, and that his department was negligent and reckless in hiring him in February 2003 and keeping him on the police force. According to documents obtained by the Daily Herald, he resigned from the Waukegan Police Department after being videotaped beating a suspect.
But his days on the Marengo force could be numbered. On Thursday, the city’s police commission will resume hearing the department’s case that he be fired for three violations unrelated to the allegations in the federal lawsuit. He’s been accused of lying on his application, acting improperly and creating a hostile work environment.
He also was accused of wrongdoing in three previous complaints, including two for excessive force, but was later cleared.
Except for the Gaughan brothers, none of the other four plaintiffs filed a formal complaint with the police department or another agency about the alleged conduct.
Kevin and Brian Gaughan are still facing numerous felony charges from the arrest by Crawford and Given that could lead to jail time. They have a court appearance later this month.
Tight-knit town
In a small town like Marengo, news, gossip and rumors have a way of traveling fast. So when Ciolino started asking witnesses what they saw on the night brothers Brian Gaughan, 22, and Kevin, 18, were arrested for charges including felony aggravated battery and resisting arrest, the accusations piled up faster than that December snow.
The Gaughan brothers had been at the Settlers’ Day carnival on the night of October 8, 2004, when Crawford told Brian he had two seconds to leave because he said he saw a fight escalating. As Brian Gaughan walked away, he mouthed off “One, Two,” to the officer.
The Gaughan brothers were both arrested, with Crawford claiming they assaulted him and Given, and the brothers insisting the were victims of excessive force. The Illinois State Police cleared Crawford of any wrongdoing, though the state police are now taking another look at that investigation.
When Brian Gaughan Sr. became wary of the tone of the state police’s investigation, he hired Ciolino to interview more than 20 witnesses. It soon became clear those witnesses had stories of their own, and knew others who did.
“Everybody knows each other,” Ciolino said of the town.
So Ciolino made his way through Marengo, going from one person to the next, one story to the next.
McMackin described in a sworn statement how in November 2003, he and some friends were drinking, spotted Crawford and decided to run. After a foot chase, he slipped and fell, and Crawford jumped on top of him and handcuffed him.
Then, McMackin said he hit him in the face.
“And then he turned me around after I was handcuffed and put a whole can of pepper spray in my face,” McMackin said in a sworn statement.
At the end of the interview, McMackin mentioned another name, Steven Beisner.
“Make sure you go talk to him,” said McMackin, who plans to soon enlist in the U.S. Navy.
When Ciolino went to talk to Beisner, the boy told a similar story. In June 2003, according to the federal lawsuit, Crawford tried to search him for no reason then slammed his head against the wall, beat him and used pepper spray.
McMackin and Beisner, like the rest of the plaintiff’s, have only minor arrests, traffic tickets and local ordinance violations on their records.
‘I couldn’t breathe’
At the press conference Tuesday, the parents of those named in the lawsuit spoke briefly about their personal experiences, at times almost breaking into tears before television cameras and reporters at O’Reilly’s downtown office.
Nichole Surber’s mother described how her 14-year-old daughter had been drinking at a football game and was approached by Crawford. After giving her sobriety tests, Given told her she was under arrest and the girl tried to run. Soon, Crawford and two other officers put her facedown on the ground and all sat on her back. Given’s police dog bit her, Surber said in a sworn statement, and then she was handcuffed.
“The whole time I was screaming, because I couldn’t breathe and none of them would get up,” Surber said in a sworn statement.
As they went to put her in the car, her mother Melissa Kelley said at the press conference, they kept her shirt lifted up so that all the bystanders could see her nearly half-naked.
Then, they put her facedown in her car, Surber said in a sworn statement, and after she kicked at the window Crawford grabbed her ankles and yanked her out of the car, smacking her face on the side of the car and the ground.
As for his clients, Ciolino said he wants them to be able to move past their arrests and their treatment at the hands of a “rouge cop.” Some, he said, pleaded guilty to lesser charges in order to avoid the hassle and high-cost of the court system.
“There’s not a bag egg amongst them,” he said. “We want to get guilty pleas vacated and get these kids’ lives back.”
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Post by Site Admin on Sept 13, 2005 6:01:06 GMT -5
Marengo, police sued on brutality charges Excessive force, false arrests alleged By Jeff Long Tribune staff reporter Published August 17, 2005
Two brothers charged with several crimes in McHenry County sued the City of Marengo, the former police chief and two police officers in federal court this week alleging police brutality.
Four minors joined the suit, which seeks $66 million in 44 counts that include claims of excessive force and false arrest against Officers Scott Crawford and Kelly Given.
Neither officer nor the former police chief, Larry Mason, could be reached for comment Tuesday.
Crawford was suspended without pay in June, pending a hearing scheduled for Thursday on unrelated disciplinary charges.
"He's a rogue cop who's way out of control," said Kevin O'Reilly, the lawyer who filed the lawsuit Monday in federal court in Chicago on behalf of the six plaintiffs.
Officials said Given remains an officer in good standing.
The brothers' encounter with Crawford began about 9:30 p.m. Oct. 8, when Crawford attempted to cite one of them for trespassing near the police station.
The suit alleges that Crawford used excessive force against Brian Gaughan, 22, of Marengo. Gaughan was standing in the police parking lot when, without provocation, Crawford handcuffed him, raised his arms in a way that caused pain and forced him to fall face-first to the pavement, according to the lawsuit.
Kevin Gaughan, 19, of DeKalb alleges that he was falsely arrested by Given when he tried to help his brother.
The federal lawsuit also alleges that Crawford "willfully and maliciously forced the plaintiff Brian Gaughan's head to make brutal impact with the hallway of the police station."
Brian Gaughan has been charged with damaging government property, which refers to the police station.
"He put a hole in the drywall by using his head," according to the police complaint filed by Crawford in McHenry County Circuit Court.
The brothers also have been charged with making false statements to Illinois State Police, who are investigating their allegations against the Marengo officers.
The Gaughans are scheduled to appear in court on the criminal charges Aug. 31.
Brian Gaughan also is charged with felony aggravated battery against Crawford, who wrote in his police complaint that Gaughan "scratched Scott Crawford's left forearm and right middle finger with his fingernails."
The lawsuit also alleges that on Sept. 24, Crawford and Given deliberately sat on the back of a 16-year-old girl who was suspected of underage drinking and later allowed a police dog to bite her arm.
The suit also alleges that on June 9, 2003, Crawford ordered a 15-year-old boy into an alley and slammed his head against a wall. The suit says the boy pushed Crawford in self-defense and the officer pulled his arms behind his back and pepper-sprayed him repeatedly.
On June 8, 2004, the suit alleges, Crawford twisted the arm of a 15-year-old girl and pushed her head down against the hood of a car.
On Nov. 22, 2003, the suit alleges, Crawford chased, tackled and handcuffed a 15-year-old boy near an elementary school, then sprayed two cans of pepper spray in the boy's face.
The suit also alleges that Marengo officials, including Mason, should have known about allegations of police brutality against Crawford when he worked for the Waukegan Police Department from 2000 to 2002.
Waukegan Police Chief William Biang would not discuss specifics of Crawford's employment.
"At the time of his resignation, he was in good standing with the department," Biang said Tuesday, reading from a prepared statement.
Crawford joined the Marengo Police Department in February 2003.
He is scheduled to appear before the Board of Fire and Police Commissioners on Thursday on allegations of misconduct during a high-speed chase, creating a hostile environment for a fellow officer and failing to disclose pertinent information on his employment application.
Marengo Police Chief Leslie "Les" Kottke declined to comment on the lawsuit.
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Post by Site Admin on Sept 13, 2005 6:01:41 GMT -5
Crawford set to go before police, fire commissioners By JOSH STOCKINGER jstockinger@nwherald.com MARENGO - Embattled police Officer Scott Crawford said Wednesday that he was ready to proceed with a disciplinary hearing tonight that could cost him his job. Crawford, 26, said he was confident that he would be vindicated from accusations lodged by the Marengo Police Department, and that he was prepared to prove his innocence. "I just want to get it over with and move on with my life," Crawford said. Marengo police and fire commissioners tonight are expected to begin a hearing into allegations that Crawford lied on his job application, fostered a "hostile" work environment, and took part in an improper high-speed chase. The police department seeks to have him fired. The hearing originally was scheduled to begin in June, shortly after Crawford was placed on unpaid suspension by the department, but it has been delayed twice. In June, Crawford's attorney asked for more time to prepare a case. Then, in July, the department received a continuance while pursuing personnel documents on Crawford. Neither Marengo police officials nor their attorney, Mark Gummerson, could be reached for comment. Commission Chairman Victor Zabelka said he knew of no reason that the hearing would be delayed again. Crawford's lawyer, Erika Raskopf of the Fraternal Order of Police Labor Council, said Wed-nesday that she and the officer were ready to proceed. "We'd like to get it going," she said. Crawford wants to get the hearing started partly for financial reasons, he said. "Obviously, being on unpaid leave for over two months takes a financial toll on you," he said. Crawford also became the subject of a multimillion-dollar civil-rights lawsuit filed Monday. Six plaintiffs allege that they were beaten or falsely arrested and prosecuted by the officer. The plaintiffs' attorney, Kevin E. O'Reilly, said Tuesday that some complaints against the city for hiring and retaining Crawford could be dropped if the commission fired Crawford. City officials have declined to comment on the lawsuit and O'Reilly's remarks. Crawford's hearing is scheduled for 7 p.m. today at Marengo City Hall, 132 E. Prairie St. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/August/18/LocalNews/58830.xml
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Post by Site Admin on Sept 13, 2005 6:03:38 GMT -5
Officer's case pits his word against accusers' Publication Northwest Herald Date August 19, 2005 Section(s) Columnists Page
MARENGO - A respected adult always obeys the law the same way a sloppily-dressed kid in worn sneakers is a bona fide troublemaker. As much as some want to believe it, this concept holds zero truth. Hogwash. Marengo Officer Scott Crawford wore a shirt and tie to Thursday's disciplinary hearing at city hall. The packed boardroom emptied shortly after the hearing was postponed a third time. Many in the audience came to observe, and some were there to testify. Attorneys were everywhere, and TV cameras were focused on Crawford, who stared ahead. Before leaving, Crawford stood to again declare his innocence. Former Chief Larry Mason attended with his attorney, Glenn Gable, by his side. I asked Mason whether he knew of Crawford's past employment problems before he was hired in Marengo. Gable spoke up to say his client did nothing wrong. Maybe Marengo police brass didn't know that Waukegan paid $30,000 to settle a civil-rights lawsuit against Crawford in 2002. They were aware of Marengo citizens who complained of Crawford using excessive force. Crawford could be on the unemployment line again after the three-member Police and Fire Commission makes its decision, possibly by this month. Deputy Police Chief Joe Hallman accuses Crawford of lying on his job application, taking off on a wild high-speed chase, and being a disruptive employee. Police officials say Crawford should be fired because he violated department policies, unrelated to allegations in a lawsuit. Court documents in a lawsuit, seeking millions of dollars from Crawford, the city, Mason and Officer Kelly Given, portray Crawford as an out-of-control lawman. Youths hanging out and being a nuisance mouth off to a cop. He snaps and lets them know who's boss. It's rare, but it happens. Did Crawford react that way time and again in Marengo? He insisted that the answer is "no." Six Marengo youths tell different stories. So who do you believe? Accept the word of an officer who has sworn to uphold the law or several teenagers? Crawford seems like a nice enough guy. He's married and has been honorably cited in the three years he's worked in Marengo. Then you look at the crowd of young people who sat quietly and watched Thursday night. In the hearing, it's Crawford's word against his bosses, and in the lawsuit, it's Crawford's word against a bunch of teenagers. A handful of teens, some convicted of petty crimes, say a police officer, with a history of crossing the line, broke the law. Who do you believe? More importantly, who will the Police and Fire Commission, and possibly a judge, say is telling the truth? archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/August/19/Columnists/58922.xml
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Post by Site Admin on Sept 13, 2005 6:04:16 GMT -5
Crawford hearing postponed again By JOSH STOCKINGER jstockinger@nwherald.com MARENGO - The disciplinary hearing for Marengo police officer Scott Crawford was delayed again Thursday to give his attorney time to respond to last-minute motions. The hearing was rescheduled for 6 p.m. Aug. 30 at city hall, 132 E. Prairie St. Marengo Police Department attorney Mark Gummerson said he requested in two motions to have the proceedings closed to the public and to have the police and fire commission's lawyer, John Broihier, disqualified as a hearing officer because of a "potential prejudice." Crawford's lawyer, Erika Raskopf of the Fraternal Order of Police Labor Council, said she just learned of Gummerson's requests and needed time to prepare a written response. "I just received them this week," Raskopf told commissioners. Crawford, 26, is set to go before police and fire commissioners for a hearing into allegations that he lied on his job application, took part in an improper high-speed chase, and fostered a "hostile" work environment. The police department wants him fired. The hearing, which originally was scheduled to begin in June, now has been delayed three times. Gummerson said proceedings should be closed because Crawford was witness to ongoing criminal investigations that could be compromised by making the forum public. He would not elaborate on the request to have Broihier dismissed as a hearing officer. "I believe that there is a potential prejudice, but I can't discuss any more of that," he said. Broihier did not make the motions available to the public before leaving the meeting. Crawford sat silently through the hearing but told reporters afterward that he was innocent. "It will be shown in time," he said. "I know that's not the kind of officer I am." Crawford also is the subject of a multimillion-dollar civil-rights lawsuit that accuses him of battery, false arrests, malicious prosecution or excessive force in six arrests. In addition, the suit names the city, Officer Kelly Given and former police chief Larry Mason as defendants. Mason was at the hearing with his lawyer, Glenn Gable, but declined to comment. Gable would say only that he was "confident former chief Mason has done nothing improper." McHenry County Assistant State's Attorney Nichole Owens said she was on hand to observe only and had no comment on her department's interest in the hearing. The state's attorney's office is prosecuting two brothers who were charged with felonies after lodging allegations that Crawford roughed them up last year. The Illinois State Police, which probed the accusations that led to the charges, recently reopened the investigation. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/August/19/LocalNews/58928.xml
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Post by Site Admin on Sept 13, 2005 6:05:03 GMT -5
Secrecy sought in cop case Marengo police attorney also wants new panel head
By Garrett Ordower Daily Herald Staff Writer Posted Friday, August 19, 2005
A lawsuit filed this week accuses police officer Scott Crawford of beating six young people in Marengo, and Thursday night dozens who know them showed up at Marengo’s city hall to hear for themselves unrelated allegations that could cost Crawford his job.
If attorneys for the police department have their way, they won’t hear anything of the sort.
Police department attorney Mark Gummerson made a last-minute motion to keep the police and fire commission proceedings secret and to disqualify the commission’s attorney from overseeing them.
The move came minutes after an attorney for Crawford, 26, and the department failed to reach an agreement that would have avoided a public airing of the department’s case against him.
He stands accused of acting improperly in a chase, fostering a hostile work environment and lying on his job application. Crawford has been suspended since June and on leave since April.ov
This week, the city, its former Police Chief Larry Mason, Crawford and his partner police officer Kelly Given were all named in a multimillion-dollar lawsuit alleging that Crawford brutalized six young people, including brothers Brian Gaughan, 22, and Kevin, 18, in October 2004.
“I’m completely innocent of the allegations brought against me, and it will be shown in time,” Crawford said Thursday night.
But when — or if — that time will come remains to be seen. The hearing was officially postponed until 6 p.m. Aug. 30 so Crawford’s attorney, Erika Raskopf, can respond to the motions filed by the department.
The legal tangle the city and the commission are caught in was complicated this week with the filing of the lawsuit, which alleged federal civil rights violations and the reckless hiring and retention of Crawford.
Crawford resigned from the Waukegan Police Department in 2002 after being videotaped beating a suspect, according to materials obtained by the Daily Herald.
But while the Marengo department alleges Crawford lied on his application about being forced to resign, commission attorney John Broihier recently ruled that personnel documents produced by the commission when it hired Crawford could not be turned over to the department. That ruling is why Gummerson is asking to have him removed as head of the commission, he said.
As to why he wants what is now a public case to be kept private, Gummerson said he doesn’t want to prejudice any criminal investigations where Crawford may be called as a witness.
McHenry County Assistant State’s Attorney Nichole Owens, who is prosecuting the Gaughan brothers on charges they assaulted Crawford, said she wasn’t aware of that request and hadn’t asked Gummerson to make it.
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Post by Site Admin on Sept 13, 2005 6:08:12 GMT -5
State monitors officer hearing Publication Northwest Herald Date August 30, 2005 Section(s) Main Page By JOSH STOCKINGER jstockinger@nwherald.com MARENGO - McHenry County State's Attorney Lou Bianchi has been keeping close tabs on a disciplinary hearing for Marengo police Officer Scott Crawford to possibly determine whether Crawford broke the law. Marengo Police Chief Les Kottke asked him to look into "a specific incident" involving Crawford, Bianchi said. Bianchi would not comment further on the inquiry, but Kottke said he wanted prosecutors' opinion on Crawford's behavior. "It's the normal way of doing business," Kottke said. "You go to them to see if you've got enough evidence to prosecute." Kottke said an internal administrative investigation into Crawford likely would have been halted if the state's attorney had evidence worthy of filing charges. He declined to comment further. Bianchi said his office still would keep a close watch on testimony at the officer's disciplinary hearing tonight. "There's always the possibility that someone would make a comment at this hearing that would implicate Officer Crawford," Bianchi said. "We don't know what's going to be said there." Crawford said Monday that the state's attorney's office had not contacted him. He is slated to go before the city Police and Fire Commission at 6 p.m. at city hall, 132 E. Prairie St. Crawford, 26, maintained his innocence over charges that he lied on his job application, took part in an improper high-speed chase and fostered a "hostile" work environment. The department seeks to have him fired. Whether the hearing will proceed with testimony remains unclear. It has been delayed three times. Earlier this month, attorney Mark Gummerson, who represents the police department, also made a motion to close the proceedings to the public. The commission is expected to rule on the motion at the hearing's start. Representatives from Bianchi's office have sat in the audience each time. "There are no expectations at this point that there's going to be something disclosed that would continue an inquiry by our office," Bianchi said, "but that's why we're asking someone to go there and just monitor it." Kottke and Crawford said they were ready to proceed with the disciplinary hearing. Meanwhile, six plaintiffs have filed a multimillion-dollar federal civil-rights lawsuit against Crawford and his partner, Officer Kelly Given, alleging abuse and false arrest. The lawsuit also names the City of Marengo and former chief Larry Mason as defendants, alleging that department brass recklessly hired and retained Crawford. The suit claims police and fire officials should have known or did know that Crawford was the subject of a separate civil rights lawsuit as an officer in Waukegan. The 2001 suit settled for $30,000 after a videotape showing Crawford hitting a handcuffed man surfaced. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/August/30/Main/59946.xml
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Post by Site Admin on Sept 13, 2005 6:08:49 GMT -5
Prosecutor: Brothers' case not affected Publication Northwest Herald Date September 01, 2005 Section(s) Local News Page By ROB PHILLIPS rphillips@nwherald.com WOODSTOCK - Prosecutors said Scott Crawford's resignation Tuesday from the Marengo Police Department would not weaken their case against two brothers charged in an incident involving Crawford. Brian Gaughan, 22, of Marengo and Kevin Gaughan, 19, of DeKalb face charges of aggravated battery and resisting a police officer, among others, in connection with an arrest made by Crawford at the Marengo Settlers Days festival in October. The brothers say Crawford assaulted them, and they have joined a federal civil-rights lawsuit filed in connection with this and other incidents. The lawsuit seeks millions of dollars in damages from Crawford, his partner, the former police chief, and the city of Marengo. Crawford resigned from the Marengo police force Tuesday amid allegations of misconduct, including failure to disclose information about a previous employer's investigation of accusations that Crawford beat a man while handcuffed. Crawford, 26, resigned from the Marengo force before a disciplinary hearing could take place. McHenry County Assistant State's Attorney Nichole Owens said Wednesday that the allegations made by the Marengo Police Department do not damage Crawford's credibility. "His resignation will not affect our case," Owens said. "We will call him as a witness in this case." Owens also said the state has other witnesses who say that Crawford acted appropriately while arresting the Gaughans. But the Gaughan brothers' attorney, Michael Norris, said the whirlwind of accusations surrounding Crawford and more than 20 witnesses who will affirm that Crawford is to blame will make this a tough case for prosecutors. "It would be very difficult to call [Crawford] as a witness," Norris said. "I look forward to asking him some questions under oath." Crawford said Wednesday that he was unsure whether his resignation would affect his credibility with jurors in the Gaughan case or with prosecutors. "I wouldn't think it would have a negative consequence, " Crawford said. "I don't know, though. I'm not the one who is prosecuting the case. " Prosecutors want to stop Norris' attempt to learn more about the embattled officer's past. They say Norris has not shown why the past is relevant to the criminal cases. Norris has issued almost a dozen subpoenas to many police agencies and to two colleges. A hearing Wednesday was continued until Sept. 27 to discuss whether information gathered in the subpoenas should be disclosed. The brothers claim that Crawford assaulted them at the Marengo festival, but an Illinois State Police investigation cleared Crawford of wrongdoing and led to felony false-reporting charges against Brian and Kevin Gaughan. Marengo police said Crawford omitted information on his employment application, initiated an improper high-speed chase, and fostered a hostile work environment. Crawford had worked in Marengo since 2003. Before that, he worked for the Waukegan Police Department and left amid an investigation into the beating of a handcuffed man by Crawford. "Any time Crawford comes in contact with citizens, they get hurt," Norris said. "When he gets involved, it's always the other guy's fault." archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/September/01/LocalNews/60175.xml
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Post by Site Admin on Sept 13, 2005 6:09:12 GMT -5
Officer’s resignation won’t slow case against Marengo brothers
By Charles Keeshan Daily Herald Staff Writer Posted Thursday, September 01, 2005
McHenry County prosecutors are moving forward with charges against two Marengo brothers accused of assaulting a police officer last year, despite the officer’s abrupt resignation this week amid a flurry of complaints about his on-duty conduct and his chief’s efforts to fire him.
Some of those complaints stemmed from former officer Scott Crawford’s arrest of Brian and Kevin Gaughan during an October 2004 altercation at a city festival. The brothers, and some other witnesses, claim Crawford initiated the confrontation and used excessive force while taking them into custody.
However, Assistant McHenry County State’s Attorney Nichole Owens said Wednesday Crawford’s decision to step down Tuesday does not jeopardize the case against the Gaughans.
“His resignation will not affect our case,” she said. “We will call him as a witness.”
The Gaughans face aggravated battery and resisting arrest charges in connection with a clash with Crawford and a second officer during a village festival last year. The charges allege Brian, 22, scratched Crawford during the incident while Kevin, 19, shoved the officer.
They also face felony charges alleging they lied to state police investigators looking into their claims Crawford abused them during the arrests.
The Gaughans, however, claim Crawford was the aggressor. Last month they joined four teens in filing a federal civil rights lawsuit against the officer and the city of Marengo alleging police misconduct and excessive force.
Their defense attorney, Michael T. Norris, said Wednesday he would be surprised if Crawford ever testifies against his clients.
“If he takes the stand, I can’t imagine his lawyer would not tell him to take the Fifth Amendment,” Norris said. “Realistically, it would be very difficult to call him as a witness because of his credibility, but I would look forward to asking him questions under oath.”
Owens, however, said at least in the Gaughan case Crawford’s credibility is not a problem.
“The case is not based only on (Crawford’s) testimony,” she said. “We plan to call witnesses who will corroborate his version of the events.”
With regard to testifying at any trial and how that would go, Crawford said, “That would be up to the state’s attorney.”
Asked how he would explain his resignation to a jury, Crawford replied, “I resigned.”
The Gaughans, who appeared in court briefly Wednesday morning, are scheduled back before Judge Joseph Condon Sept. 27 for a hearing on whether they can subpoena records detailing Crawford’s educational background and work-related documents from the Waukegan, Rockford and Marengo police departments.
Prosecutors are opposing the subpoenas, saying the information is irrelevant to the events that led to the Gaughans’ arrests.
Crawford’s resignation Tuesday was his second as a police officer. He stepped down from his post in the Waukegan Police Department in 2003 after being videotaped beating a handcuffed suspect.
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Post by Site Admin on Sept 13, 2005 6:11:09 GMT -5
Marengo officer suspended without pay[published on Sat, Jun 18, 2005] By STEVE BROSINSKI sbrosinski@nwherald.com MARENGO – Two months after going on administrative leave, a second-year police officer was suspended without pay this week and could be fired, police said Friday. Marengo Officer Scott Crawford broke department rules by taking part in an improper high-speed chase, fostering a "hostile" work environment, and withholding information on his application, Deputy Police Chief Joe Hallman said Friday. Police Chief Les Kottke was unavailable for comment because he was vacationing in Europe. Crawford could not be reached for comment. The three-member Fire and Police Commission on Thursday put Crawford on an unpaid suspension until a June 30 hearing. Hallman said the department's attorney advised him not to talk about the complaints. Police officials want Crawford fired or suspended, but any harsh discipline would be at the commission's discretion. State law allows the chief to suspend an officer for up to five days. If he were let go, Crawford could appeal the commission's ruling and sue to be rehired. Marengo Mayor Don Lockhart said Crawford would have the opportunity to defend himself against the allegations. "The officer has not been convicted of wrongdoing, and we'll see what the hearing brings," Lockhart said. Crawford, a former Waukegan officer, had been on leave since April pending the outcome of an internal investigation, which followed a separate state police probe. Last year, Crawford was cleared of wrongdoing in a five-month state police investigation. State police looked into complaints from Marengo brothers Brian and Kevin Gaughan that Crawford roughed them up at a festival. "Crawford was cleared in that investigation," McHenry County Assistant State's Attorney Nicole Owens said. The Gaughan brothers were charged with disorderly conduct for allegedly filing false police reports, and Brian Gaughan was charged with felony battery, Owens said. Both men are scheduled to be in court Tuesday for a pretrial hearing. Before he joined the Marengo force, Crawford worked at the Waukegan Police Department from 2000 to 2002. He resigned for personal reasons, Waukegan Police Chief Bill Biang had said. Crawford's absence puts added stress on a department down two full-time personnel. The 16-member agency is functioning well despite being understaffed, Hallman said. "We'll make due," he said. archive.nwherald.com/archive_detail.php?archiveFile=./pubfiles/nwh/archive/2005/June/18/Main/53161.xml
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Post by Site Admin on Sept 13, 2005 6:11:54 GMT -5
Cop Videotaped In Beating Faces More Allegations Five Teens Plan Lawsuit Against Officer, Police DepartmentDave Savini Reporting (CBS) MARENGO Some teens are claiming a suburban cop is abusing the badge -- and they point to a videotape to prove he doesn't protect and serve, he only pounds and punches. A police officer is caught on camera repeatedly hitting a man. It's a CBS 2 exclusive and the tape is surfacing tonight after more alleged victims have come forward. CBS 2 investigative reporter Dave Savini reveals accusations of an out of control cop. An officer is caught on tape striking a handcuffed man in the back of his police car. A neighbor records the blows, which eventually stop when the Waukegan cop, Officer Scott Crawford, realizes he's been spotted. The alleged excessive force victim sued and Officer Crawford resigned during an internal police investigation into his conduct. But the videotape of the 2001 Waukegan case is finally surfacing now. Now that Crawford is a cop again in Marengo, Illinois facing similar allegations. "I couldn't breathe. I thought I was suffocating," Nicole Sherber said. Sherber and brothers Brian and Kevin Gaughn are three of five Marengo teens who plan to file a lawsuit against the Marengo Police Department and Officer Crawford. Kevin Gaughan said, "I was shocked how the cop was acting. I was scared. Yeah, it was definitely out of control.” Brian said, “I had cerebral concussion right here, I had whiplash I had cuts on both my wrists from the handcuffs" The brothers say they were beaten after smarting off to Officer Crawford last year at a state fair when he asked for their ID's. “He gave us our ID's back. He says, ‘you guys have two seconds to walk away and get out of here,’ I said, ‘okay, walking away one, two’ and something snapped and he just runs over to me swearing, 'you mother... ,'" Kevin said. The brothers were charged with aggravated battery to a police officer and so was Nicole Sherber, but in a different case. She says she still has the scars allegedly inflicted by Crawford and a police dog. All, she says, because she was suspected of drinking alcohol at a high school football game and resisting arrest. “He tackled me to the ground, he sat on me, he lifted me up by my handcuffs and ripped me out of the car by my ankles," she said. Paul Ciolino is a private investigator hired by the teenagers' families a year ago. He recently uncovered the videotape. “It's a reign of terror. He's ruined these kids’ lives. A lot of them have been charged with felonies,” he said. Crawford is now facing internal charges -- not for the alleged beatings, but for lying on his Marengo job application about his past. “I can guarantee that there's gonna be a number of lawsuits filed against Crawford and the City of Marengo," Ciolino said. Crawford has been suspended from his Marengo police job. He's also charged with violating policy during a high-speed chase. Crawford's attorney would only say they plan on taking his side of the cases to the police board. The Marengo police chief says he was not in charge when Crawford was hired and he would not comment on how thoroughly his background was checked. The victim on tape received a $30,000 settlement. His name is Jose Gonzalez and his attorney says he has moved back to Mexico. (© MMV, CBS Broadcasting, Inc. All Rights Reserved.) cbs2chicago.com/local/local_story_193223054.html
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