• Officer Caught Aiding Criminals for Cash

    Police Officer who took Bribes from Insurance Fraudster Convicted

    Post 4923

    Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors:

    1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment.
    2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected.
    3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution.

    In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal.

    FACTS

    Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher.

    At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties.

    Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city.

    Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI.

    After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment.

    Law and Analysis - Entrapment Instruction

    In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment.

    Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense.

    The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money.

    The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense.

    Testimony Pertaining to Bribery

    In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money.

    Manifest Weight of the Evidence

    Johnson argued his convictions were against the manifest weight of the evidence.

    The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels.

    CONCLUSION

    The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.

    ZALMA OPINION

    There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Officer Caught Aiding Criminals for Cash Police Officer who took Bribes from Insurance Fraudster Convicted Post 4923 Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors: 1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment. 2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected. 3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution. In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal. FACTS Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher. At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties. Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city. Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI. After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment. Law and Analysis - Entrapment Instruction In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment. Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense. The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money. The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense. Testimony Pertaining to Bribery In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money. Manifest Weight of the Evidence Johnson argued his convictions were against the manifest weight of the evidence. The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels. CONCLUSION The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. ZALMA OPINION There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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  • Copied :: Say what you will about Pierre #Trudeau – and you may say many negative things about a man who deliberately chose to spend the Second World War sitting on the sidelines; who shilled for Red China while it murdered tens of millions of people, who was a life-long apologist for Soviet Communism, who began a relationship with a teenager when he was already an old man, who nearly spent Canada into bankruptcy, who tried to steal the wealth of the West and ruined a generation of Albertans, whose quest for personal glory nearly broke the Canadian federation, and who recklessly fathered a daughter when he was a septuagenarian and therefore left a little girl of nine without a father when he died – but it is beyond dispute that he was at least a very intelligent man.
    It is true that he was also a cold; reckless, and destructive man, but there was definitely something there. Of Justin it may be said that he has managed to inherit all of the flaws of his father – his recklessness; his arrogance, his willingness to apologize to and appease enemies of our civilization, and his almost unique ability to be wrong about every issue of significance. Whether or not he inherited the other qualities of his parents – that is to say whether his personal life is as dissolute and debauched as that of his father – is not currently a matter of public record, but I imagine that it will be soon enough. However, it can be said with certainty that J.Trudeau did not inherit his father’s sole virtue: everything that is already in the public record suggests that Justin Trudeau is a profoundly stupid man whose only qualification to be Prime Minister is that he has a famous name. That he should, at this particular juncture in history, be elected Prime Minister of Canada ought to shame all Canadians.
    What, pray tell, has this man ever accomplished in his entire life? His biography is available for all to read. Young Master Trudeau, so far as I can tell, has never held anything resembling a real job for any length of time. His biography describes him as having been a teacher, but he was still a substitute teacher at least as late as 1999 (he worked at my High School) and he appears to have begun a never-completed graduate degree in 2002. Before that – when he was already in his mid-twenties – he was a ski bum in Whistler. In other words, this Prime Minister appears to have – at the absolute most – had about three years of full-time work experience before seeking to lead the nation. This man never led anything in his entire life. Quite literally he doesn't have the requisite experience on his resume to be hired as the Manager of a Starbucks. Indeed, to be very clear, the last sentence wasn't intended to be at all insulting to anyone who either manages or works for Starbucks – I'm a frequent customer and it is, by all accounts, a very challenging job. But, surely, we can all agree that Prime Minister is a job that requires at least the same level of previous management experience as Starbucks management.
    Consider all that you have achieved in your own life. Most of you, I presume, are from a background rather like myself. That is to say that you are from middle class families and had to earn your way through life. You had to work to pay your way through school. You had to worry about paying the rent, about saving money for a down payment, about how much of a mortgage that you could afford. Most of you have probably worked bad jobs or taken work beneath your education and dignity because you simply needed the money. Some of you probably missed out on having fun – on ski trips to pick one relevant example – either because you could not afford them or because you simply had to work. That, you and I probably both believe, is simply a natural part of life. All of that is quite foreign to Justin Trudeau.
    Now, I am both a conservative and a capitalist. I do not begrudge or resent great wealth and privilege in and of itself. One of the primary aims of my own life is to eventually earn (and manage to keep, in the face of a rapacious state) enough so that the next generation of Yoshidas doesn't have to make compromises when it comes to fundamental life decisions for financial reasons. I think that people have a right to earn as much as they can and to pass that along to their children. But, as the children of privilege get to enjoy certain advantages in life, so do I believe that those to whom much is given have a profound moral responsibility to contribute to the world in some fashion in exchange for all that they have been given in life.
    And what, we ought to inquire, has J.Trudeau done with his life and privileges? His accomplishments such as they are – eternal years as a student; two partially-completed Masters degrees, and perhaps a few years of work experience – are scant when compared with those of the average middle-class Canadian of modest means and background. I could literally walk down the street outside of my home and pick out a hundred random people with more work experience, education, and life experience than J.Trudeau has. When you consider that this man is the child of a multi-millionaire and carries arguably the most famous name in Canada, his below-average record is particularly shameful. This man had every single advantage that it is possible for a young Canadian to have and that is all that he could do with his life?
    In general, I view the idle rich to be more objects of pity than deserving of hatred. That calculation however, changes rather rapidly when they aspire, as J.Trudeau does, to translate that unearned privilege into power over the rest of us. If “Justin Trudeau” were instead “Justin Thompson” it’s pretty safe to assume that he'd be collecting EI and writing a screenplay on a battered laptop at some local coffee shop. The only reason why we are threatened with this man in 24 Sussex is that he carries a famous surname.
    It is the greatest of ironies that so much of the support for this particular man came from the sort of people who spend the rest of their time re-blogging articles on “white privilege.”
    Now, as Canada prepares to join the fight against ISIS and the other Islamic barbarians who threaten our people and way of life, we see that J.Trudeau intends to use his unearned privileges to carry on his father’s tradition of serving as an apologist for and appeaser of all of the enemies of our civilization. In this he is, most regrettably, simply carrying on in the long tradition of a Quebec political establishment whose behaviour in the face of our enemies has long been disgraceful and immoral. Just as the Quebec political establishment took seditious, and at times, almost traitorous positions in the face of the German threat in both World Wars (shameful episodes that are somehow generally hushed-up in the retelling of our history),today J.Trudeau is, as his father once was, on the other side in the great crusade for civilization. It is grating on my nerves to know that Quebec is subsidized by the Canadian government to the tune of $16 billion dollars. If you think rest of our Canadian provinces get any of this largesse, you are mistaken!!
    Justin Trudeau in 24 Sussex – will likely be fatal for the Canadian Federation. How long do you think, in this day and age, will the Western Provinces remain willing to accept the dictates of a Quebec-controlled government hostile to the very basis of its entire economy?
    This child doesn't have the political skills or the experience to navigate such a potentially-perilous situation; for not only is he unfit to lead the nation, but he is also an unworthy successor to his predecessors as Leader of the Liberal Party who, for all of their many faults, were at least men of accomplishment and substance. If you believe in individual merit – if you believe that we should have a country where accomplishments matter more than your name – then we should have rejected this haughty and arrogant child who would presume to rule over us all. Trudeau is a danger ⛔️ to Canada . #TrudeauMustGo.
    Copied :: Say what you will about Pierre #Trudeau – and you may say many negative things about a man who deliberately chose to spend the Second World War sitting on the sidelines; who shilled for Red China while it murdered tens of millions of people, who was a life-long apologist for Soviet Communism, who began a relationship with a teenager when he was already an old man, who nearly spent Canada into bankruptcy, who tried to steal the wealth of the West and ruined a generation of Albertans, whose quest for personal glory nearly broke the Canadian federation, and who recklessly fathered a daughter when he was a septuagenarian and therefore left a little girl of nine without a father when he died – but it is beyond dispute that he was at least a very intelligent man. It is true that he was also a cold; reckless, and destructive man, but there was definitely something there. Of Justin it may be said that he has managed to inherit all of the flaws of his father – his recklessness; his arrogance, his willingness to apologize to and appease enemies of our civilization, and his almost unique ability to be wrong about every issue of significance. Whether or not he inherited the other qualities of his parents – that is to say whether his personal life is as dissolute and debauched as that of his father – is not currently a matter of public record, but I imagine that it will be soon enough. However, it can be said with certainty that J.Trudeau did not inherit his father’s sole virtue: everything that is already in the public record suggests that Justin Trudeau is a profoundly stupid man whose only qualification to be Prime Minister is that he has a famous name. That he should, at this particular juncture in history, be elected Prime Minister of Canada ought to shame all Canadians. What, pray tell, has this man ever accomplished in his entire life? His biography is available for all to read. Young Master Trudeau, so far as I can tell, has never held anything resembling a real job for any length of time. His biography describes him as having been a teacher, but he was still a substitute teacher at least as late as 1999 (he worked at my High School) and he appears to have begun a never-completed graduate degree in 2002. Before that – when he was already in his mid-twenties – he was a ski bum in Whistler. In other words, this Prime Minister appears to have – at the absolute most – had about three years of full-time work experience before seeking to lead the nation. This man never led anything in his entire life. Quite literally he doesn't have the requisite experience on his resume to be hired as the Manager of a Starbucks. Indeed, to be very clear, the last sentence wasn't intended to be at all insulting to anyone who either manages or works for Starbucks – I'm a frequent customer and it is, by all accounts, a very challenging job. But, surely, we can all agree that Prime Minister is a job that requires at least the same level of previous management experience as Starbucks management. Consider all that you have achieved in your own life. Most of you, I presume, are from a background rather like myself. That is to say that you are from middle class families and had to earn your way through life. You had to work to pay your way through school. You had to worry about paying the rent, about saving money for a down payment, about how much of a mortgage that you could afford. Most of you have probably worked bad jobs or taken work beneath your education and dignity because you simply needed the money. Some of you probably missed out on having fun – on ski trips to pick one relevant example – either because you could not afford them or because you simply had to work. That, you and I probably both believe, is simply a natural part of life. All of that is quite foreign to Justin Trudeau. Now, I am both a conservative and a capitalist. I do not begrudge or resent great wealth and privilege in and of itself. One of the primary aims of my own life is to eventually earn (and manage to keep, in the face of a rapacious state) enough so that the next generation of Yoshidas doesn't have to make compromises when it comes to fundamental life decisions for financial reasons. I think that people have a right to earn as much as they can and to pass that along to their children. But, as the children of privilege get to enjoy certain advantages in life, so do I believe that those to whom much is given have a profound moral responsibility to contribute to the world in some fashion in exchange for all that they have been given in life. And what, we ought to inquire, has J.Trudeau done with his life and privileges? His accomplishments such as they are – eternal years as a student; two partially-completed Masters degrees, and perhaps a few years of work experience – are scant when compared with those of the average middle-class Canadian of modest means and background. I could literally walk down the street outside of my home and pick out a hundred random people with more work experience, education, and life experience than J.Trudeau has. When you consider that this man is the child of a multi-millionaire and carries arguably the most famous name in Canada, his below-average record is particularly shameful. This man had every single advantage that it is possible for a young Canadian to have and that is all that he could do with his life? In general, I view the idle rich to be more objects of pity than deserving of hatred. That calculation however, changes rather rapidly when they aspire, as J.Trudeau does, to translate that unearned privilege into power over the rest of us. If “Justin Trudeau” were instead “Justin Thompson” it’s pretty safe to assume that he'd be collecting EI and writing a screenplay on a battered laptop at some local coffee shop. The only reason why we are threatened with this man in 24 Sussex is that he carries a famous surname. It is the greatest of ironies that so much of the support for this particular man came from the sort of people who spend the rest of their time re-blogging articles on “white privilege.” Now, as Canada prepares to join the fight against ISIS and the other Islamic barbarians who threaten our people and way of life, we see that J.Trudeau intends to use his unearned privileges to carry on his father’s tradition of serving as an apologist for and appeaser of all of the enemies of our civilization. In this he is, most regrettably, simply carrying on in the long tradition of a Quebec political establishment whose behaviour in the face of our enemies has long been disgraceful and immoral. Just as the Quebec political establishment took seditious, and at times, almost traitorous positions in the face of the German threat in both World Wars (shameful episodes that are somehow generally hushed-up in the retelling of our history),today J.Trudeau is, as his father once was, on the other side in the great crusade for civilization. It is grating on my nerves to know that Quebec is subsidized by the Canadian government to the tune of $16 billion dollars. If you think rest of our Canadian provinces get any of this largesse, you are mistaken!! Justin Trudeau in 24 Sussex – will likely be fatal for the Canadian Federation. How long do you think, in this day and age, will the Western Provinces remain willing to accept the dictates of a Quebec-controlled government hostile to the very basis of its entire economy? This child doesn't have the political skills or the experience to navigate such a potentially-perilous situation; for not only is he unfit to lead the nation, but he is also an unworthy successor to his predecessors as Leader of the Liberal Party who, for all of their many faults, were at least men of accomplishment and substance. If you believe in individual merit – if you believe that we should have a country where accomplishments matter more than your name – then we should have rejected this haughty and arrogant child who would presume to rule over us all. Trudeau is a danger ⛔️ to Canada 🇨🇦. #TrudeauMustGo.
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