Any pig who invokes his 5th Amendment rights during an internal investigation should be fired.
This really bad because even if the pig admitted committing a crime in an internal pig investigation while his statements could be used to FIRE him but his statements COULD NOT BE USED AGAINST HIM IN A CRIMINAL TRIAL which is what the article below says.
the webmaster
from: http://www.arizonatribune.com/index.php?sty=3598
Wed, April 23, 2003
DPS officer refusing to talk to Mesa police
By Kim Smith, Tribune
An Arizona Department of Public Safety officer who shot his partner and a motorist in February is refusing to speak with Mesa police investigating the incident.
Mesa police detective Tim Gaffney said his department will have to submit its report of the shooting to the Maricopa County Attorney's Office without officer Scott Williams' version of the event.
"Police officers have the same constitutional rights as other citizens in regards to criminal investigations and in this case, one of the officers involved has decided to exercise his right to remain silent," Gaffney said. "In regards to this case, we will base our investigation from the facts we learned from the other officer involved, the suspect, witness statements and physical evidence."
The final report on the incident will be given to the county attorney's office in the "near future," Gaffney said.
According to police, Williams fired his .40-caliber handgun a few minutes into a Feb. 18 traffic stop while trying to arrest James A. Amalfi, a 22-year-old Tempe resident. The bullet struck officer David Mowry in the chest, but it was stopped by his body armor. He suffered only a bruise. The bullet also grazed Amalfi's forehead and he was treated at Scottsdale Healthcare Osborn hospital.
Police have not disclosed if they believe Williams fired accidentally or if he was trying to shoot Amalfi.
The officers were trying to pull over Amalfi for driving a car without a license plate when he drove into an apartment complex near Greenfield Road and U.S. 60 in Mesa. Police said Amalfi rammed one of the officer's cars and struck a palm tree before stopping. The officers approached the car from opposite sides and the shot was fired during a scuffle with Amalfi as he sat inside his vehicle.
No weapons were found in Amalfi's car and he was never charged with a crime.
Amalfi's attorney, William Pearlman, declined to comment Tuesday and Amalfi did not return phone calls.
DPS spokesman Frank Valenzuela said an internal investigation into the incident which will determine if any policies or procedures were violated has been placed on hold until Mesa detectives wrap up their criminal investigation.
While anything said by an officer during a criminal investigation can be used against him during an internal investigation, criminal investigators are forbidden from using information gained during an internal investigation, Valenzuela said. Williams' decision to remain silent is his own, Valenzuela said.
"We do not have a policy that either prohibits or encourages our officers to speak when they are involved in a criminal investigation, but our officers are required to speak with our investigators in any internal investigation. If they do not, punitive action will be taken," Valenzuela said.
DPS understands the public may view an officer's silence as an attempt to hide something, but officials cannot force an officer to give up his constitutional rights, Valenzuela said. "We are concerned about perceptions, but as concerned as we are, it would be inappropriate for us to encourage them to act a certain way when they have certain civil rights," Valenzuela said.
Williams did not return calls seeking comment Tuesday.
Contact Kim Smith by email, or phone (480) 898-6573
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