• 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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  • Justice department will not charge judge who ordered Tarrant County defendant stunned

    This is the same POS #Judge. The defendant looks like a piece of work, but "In this day and age, it's quite possible the #Government PLANTED child porn on the guy's computer!

    It's happened to other people, and it's one of their favorites!
    WHO KNOWS! I certainly don't. I'm simply pointing to a pattern of abuse by a scumbag "Black Robed Priest of the #BAR Association!

    We already KNOW that this criminal Judge will RETALIATE against anyone who exposes the corruption of his system! So keep THAT in mind!

    And BTW.... If you hear of me getting busted for "child porn" just be aware that CHILDREN do nothing for me sexually! And I've spent my life trying to protect them! So if the Criminals come breaking down my door.... You'll know it was BS!

    Now if it's snapping & kicking the sh*t out of some corrupt cop.... I may be guilty of that! LOL

    I put NOTHING past our corrupt government at this point!

    “While the trial court’s frustration with an obstreperous defendant is understandable, the judge’s disproportionate response is not. We do not believe that trial judges can use stun belts to enforce decorum,” Justice Yvonne Rodriguez wrote in the court’s opinion. Gallagher ordered a bailiff to stun Morris on the first day of his trial. When Gallagher asked Morris for his plea, Morris declined to answer. “Sir, before I say that, I have the right to make a defense,” Morris responded, according to the appellate court. Morris told the judge he had a pending lawsuit against his attorney. Gallagher became irritated and warned Morris about further “outbursts.” “Mr. Morris, I am giving you one warning,” Gallagher said outside the presence of the jury, according to the appellate court. “You will not make any additional outbursts like that, because two things will happen: No. 1, I will either remove you from the courtroom or I will use the shock belt on you.” Morris answered, “All right, sir.” When Morris continued, Gallagher instructed the bailiff to activate the stun belts around Morris’ legs. Gallagher asked Morris twice more if he was going to follow the rules. When Morris did not provide a plea, Gallagher said to the bailiff, “Hit him,” according to the appellate ruling. The bailiff pressed a button that was to send the electric shock through Morris’ body. Gallagher asked him again if he was going to comply. Morris said that he had a history of mental illness. Gallagher ordered another shock. “Hit him again,” the judge said. When Morris said that he was being “tortured” for seeking a recusal, Gallagher, according to the appellate court, ordered the bailiff to stun the defendant once more: “Would you hit him again?” Gallagher appeared before the commission on Aug. 11 and testified that he ordered Morris stunned because the defendant began moving from behind the defense counsel table into the court well and posed a security threat to other people in the courtroom.

    https://www.star-telegram.com/news/local/crime/article254441453.html
    Justice department will not charge judge who ordered Tarrant County defendant stunned This is the same POS #Judge. The defendant looks like a piece of work, but "In this day and age, it's quite possible the #Government PLANTED child porn on the guy's computer! It's happened to other people, and it's one of their favorites! WHO KNOWS! I certainly don't. I'm simply pointing to a pattern of abuse by a scumbag "Black Robed Priest of the #BAR Association! We already KNOW that this criminal Judge will RETALIATE against anyone who exposes the corruption of his system! So keep THAT in mind! And BTW.... If you hear of me getting busted for "child porn" just be aware that CHILDREN do nothing for me sexually! And I've spent my life trying to protect them! So if the Criminals come breaking down my door.... You'll know it was BS! Now if it's snapping & kicking the sh*t out of some corrupt cop.... I may be guilty of that! LOL I put NOTHING past our corrupt government at this point! “While the trial court’s frustration with an obstreperous defendant is understandable, the judge’s disproportionate response is not. We do not believe that trial judges can use stun belts to enforce decorum,” Justice Yvonne Rodriguez wrote in the court’s opinion. Gallagher ordered a bailiff to stun Morris on the first day of his trial. When Gallagher asked Morris for his plea, Morris declined to answer. “Sir, before I say that, I have the right to make a defense,” Morris responded, according to the appellate court. Morris told the judge he had a pending lawsuit against his attorney. Gallagher became irritated and warned Morris about further “outbursts.” “Mr. Morris, I am giving you one warning,” Gallagher said outside the presence of the jury, according to the appellate court. “You will not make any additional outbursts like that, because two things will happen: No. 1, I will either remove you from the courtroom or I will use the shock belt on you.” Morris answered, “All right, sir.” When Morris continued, Gallagher instructed the bailiff to activate the stun belts around Morris’ legs. Gallagher asked Morris twice more if he was going to follow the rules. When Morris did not provide a plea, Gallagher said to the bailiff, “Hit him,” according to the appellate ruling. The bailiff pressed a button that was to send the electric shock through Morris’ body. Gallagher asked him again if he was going to comply. Morris said that he had a history of mental illness. Gallagher ordered another shock. “Hit him again,” the judge said. When Morris said that he was being “tortured” for seeking a recusal, Gallagher, according to the appellate court, ordered the bailiff to stun the defendant once more: “Would you hit him again?” Gallagher appeared before the commission on Aug. 11 and testified that he ordered Morris stunned because the defendant began moving from behind the defense counsel table into the court well and posed a security threat to other people in the courtroom. https://www.star-telegram.com/news/local/crime/article254441453.html
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  • Trump Remains Undefeated: Epic Fail for Impeachment 2.0
    https://myhive.li/trump-undefeated

    On Saturday, Feb. 13, 2021, the Democrats lost their second attempt at impeaching President Donald Trump for the second time in a year. The vote was once again 53-47 in the U.S. Senate, but this time the majority was switched in favor of the Dems; which was a moot advantage, since the vote fell short of the required two-thirds majority. Not that following rules matters to democrats in the slightest; they arbitrarily did away with the Constitutional provision that the Chief Justice preside over the "trial." Instead, democrats replaced SCOTUS Chief Justice John Roberts with senator Patrick Leahy of Vermont, a liberal Democrat from Vermont. This illegal maneuver is like replacing the judge with a juror, Democrats simply do not care that SCOTUS refused to participate because the whole proceeding was unconstitutional, because President Trump is currently, for the moment, a private citizen -- based on the fact that Democrats blatantly cheated and stole the 2020 election.

    Regardless of all that, Trump's attorneys were successful in completely destroying the House Managers' argument that Trump incited a riot during the Jan. 6th Capitol Building breech. Not that it mattered either, for the Democrats simply voted along party lines regardless of the evidence. They would have impeached Trump anyway if they could. Instead, defense counsel made notice that they would subpoena over 300 witnesses, starting with House Speaker Nancy Pelosi, who herself is ultimately responsible for security of the Capitol Building. She was to be asked what did she know and when did she know it, since nearly an entire nation suspects that the entire incident on Jan. 6th was a "false flag" set up by the Democrats themselves, in order to stop inquiries into the stolen election, and move straight to the certification of the Electoral College.

    Meanwhile, Liberal minds are exploding nationwide, with rabid democratic supporters literally calling for death squads for the supposed "insurrectionists." This plays directly into Donald Trump's hands, who has been sitting on mounds of evidence, not only of Democrat culpability in the Jan' 6th "riot," but also the stolen election; and furthermore the FISAGATE / OBAMAGATE / RUSSIAGATE / UKRAINEGATE scandals which sparked the impetus for impeachment fail v. 1.0 last year. Plus the whole pandemic hoax fiasco treason thing. In the end, trump will be back in his rightful place at the Oval office, probably also entitled to a third term, based upon all the open and notorious treason that the Democrats got caught committing, which will likely cause the entire demise of the Democrat Party. meanwhile, a multitude of memes have emerged overnight, celebrating the turn of events in favor of MAGA. Enjoy!
    Trump Remains Undefeated: Epic Fail for Impeachment 2.0 https://myhive.li/trump-undefeated On Saturday, Feb. 13, 2021, the Democrats lost their second attempt at impeaching President Donald Trump for the second time in a year. The vote was once again 53-47 in the U.S. Senate, but this time the majority was switched in favor of the Dems; which was a moot advantage, since the vote fell short of the required two-thirds majority. Not that following rules matters to democrats in the slightest; they arbitrarily did away with the Constitutional provision that the Chief Justice preside over the "trial." Instead, democrats replaced SCOTUS Chief Justice John Roberts with senator Patrick Leahy of Vermont, a liberal Democrat from Vermont. This illegal maneuver is like replacing the judge with a juror, Democrats simply do not care that SCOTUS refused to participate because the whole proceeding was unconstitutional, because President Trump is currently, for the moment, a private citizen -- based on the fact that Democrats blatantly cheated and stole the 2020 election. Regardless of all that, Trump's attorneys were successful in completely destroying the House Managers' argument that Trump incited a riot during the Jan. 6th Capitol Building breech. Not that it mattered either, for the Democrats simply voted along party lines regardless of the evidence. They would have impeached Trump anyway if they could. Instead, defense counsel made notice that they would subpoena over 300 witnesses, starting with House Speaker Nancy Pelosi, who herself is ultimately responsible for security of the Capitol Building. She was to be asked what did she know and when did she know it, since nearly an entire nation suspects that the entire incident on Jan. 6th was a "false flag" set up by the Democrats themselves, in order to stop inquiries into the stolen election, and move straight to the certification of the Electoral College. Meanwhile, Liberal minds are exploding nationwide, with rabid democratic supporters literally calling for death squads for the supposed "insurrectionists." This plays directly into Donald Trump's hands, who has been sitting on mounds of evidence, not only of Democrat culpability in the Jan' 6th "riot," but also the stolen election; and furthermore the FISAGATE / OBAMAGATE / RUSSIAGATE / UKRAINEGATE scandals which sparked the impetus for impeachment fail v. 1.0 last year. Plus the whole pandemic hoax fiasco treason thing. In the end, trump will be back in his rightful place at the Oval office, probably also entitled to a third term, based upon all the open and notorious treason that the Democrats got caught committing, which will likely cause the entire demise of the Democrat Party. meanwhile, a multitude of memes have emerged overnight, celebrating the turn of events in favor of MAGA. Enjoy!
    MYHIVE.LI
    Trump Remains Undefeated: Epic Fail for Impeachment 2.0 — Hive
    Trump Remains Undefeated: Epic Fail for Impeachment 2.0 [permanent updates Pastebin link]: Places to watch… by dailyeagle
    0 Yorumlar 0 hisse senetleri 2K Views
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