JERK COPS OF THE YEAR

Maryland cops Jeremy Smalley and John Durham, members of an Underage Drinking Task Force, should be put out to pasture ASAP

Every so often, the actions of some police officers bring disrespect and discredit to the entire law enforcement community. What happened in Damascus, Maryland January 4 is an incredible example of cops lying in court to cover their sorry asses. And to top it off, jurors should have been infuriated that officers Jeremy Smalley and John Durham, members of an Underage Drinking Task Force in the Damascus, Maryland area, thought they were so stupid as to believe the two could tell the difference between someone who is 20 and someone who is 21 by observing their drinking habits.

A raid, multiple tasings, two arrests, and a home “ripped apart”: Can you guess the suspected crime?, an article by Radley Balko published in the November 14 issue of The Washington Post, quotes local newspaper editor Brian Karem:

The events in the 9400 block of Damascus road on January 4 came after a pizza delivery driver tipped officers about some “young-looking” people drinking. Jumping to conclusions and using questionable methods, Smalley and Durham then took fellow officers on a thrill ride through a private party, ripping apart a home, tasing an accountant, his son and arresting his wife and other son. In the process they put others at risk – including other officers and civilians . . .

When they were done raiding the home two people had to go to the hospital and many more – according to charging documents – apparently left the scene of the party without being detained.

Last week defense attorneys Rene Sandler, Chris Griffiths and Terrell Roberts challenged the entire raid as a violation of a homeowner’s Fourth Amendment rights. Circuit Court Judge Steve Salant agreed with them and suppressed the evidence gathered in the raid.

He noted the many inconsistencies in statements by officers Smalley and Durham – calling some of them “untrue” and “doubtful”. A 26-year veteran of the police department who attended the Damascus party even contradicted testimony offered by the arresting officers.

Some of this testimony sounded more like bad comedy than serious facts.

Durham and Smalley claimed they could tell a 21-year-old from a 20-year-old who drank too much by sight. How is that possible? Well according to Smalley and Durham, based on their extensive experience busting underage drinkers you can tell because the way a 21-year-old and a 20-year-old acts is “very different,” Durham said. “It’s exaggerated movements,” he told the court. “Hey look at me,” he added as he waved his arms. He also said urinating outdoors is sometimes a giveaway. Loud music and boisterous laughter also adds into the decision process . . .

When police raided the home in Damascus a few weeks after Christmas this year, the raid made local television, radio and newspapers because of the “near riot”, the number of people involved and the fact Smalley and Durham claimed the homeowners tried to beat the police officers and take their guns.

The judge noted that in the subsequent warrant – issued five hours after the raid – the police didn’t mention the alleged assaults. Because of the inconsistencies in the testimony of the two officers, it is questionable such an assault ever even occurred. Indeed the videotape the police tried so hard to get, and which I’ve seen, shows police dragging the homeowner out of his house, handcuffing him and repeatedly tasing him while he offers little to no resistance.

The testimony of Smalley and Durham seems incredulous to say the least. Jerks like them bring into question the credibility of officer courtroom testimony. We cannot deny that some cops will lie on the witness stand, but we hope they represent only a tiny fraction of the law enforcement community. For the multitude of citizens who distrust their police, Smalley and Durham serve to reinforce those negative feelings. These two jerks do not belong in the police service and should be put out to pasture ASAP.