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Thursday, December 15, 2011

Ocean City Officer's K-9 Story Picked Up By CNN




Tarnished Blue, The Inside Story of The Ocean City Police Depart

CNN PRODUCER NOTE

Idyllic Ocean City Maryland, the island by the sea…Now a town with their police Chief in Peril. Chief Dipino, leader of the Ocean City Police Department may have finally encountered a storm she cannot weather.

Allegations of sexual misconduct by supervisors, inappropriate comments by supervisors about child sexual abuse, police report cover-ups and corrections, inappropriate allocation of police manpower used for personal gain, at least one officer alleged to have curried sexual favors from a victim of domestic violence after he met her when he responded to the call for help.

Serious allegations, not your typical small time, sea side village experience. Officers are coming forward, sharing their stories, affairs on duty, bullying an intimidation by a Lieutenant that refers to himself as a “tyrant” in his email signature.

Even parties amongst cops where an officer dressed as a priest with the cut out of a child attached at the crotch simulating the priest receiving oral sex from a child. All by cops, in the presence of others cops, especially disturbing considering one of their officers is serving time for sex crimes on a child and a second is potentially facing similar charges.

What happened to the Ocean City I used to know?

The Chief and her inner circle have turned a blind eye to these abuses for years. Officers state that they made command staff aware of the situation and no action was taken to address the problem.

The nail in the coffin was the resignation of two officers, one over the inhumane treatment of his k-9 partner, the other resigned based on the deplorable conditions he encountered as a mounted officer. These two officer state they made attempts to correct the situation, to help the animals, but command staff ignored their requests and the animals were forced to suffer. Both officers left the force and now other officer are coming out with their stories.

A local news blog, a major source of information on the eastern shore of MD was the first to break the story. www.sbynews.com, owned by Joe Albero took the information and posted it, from there the story exploded.

So far there are over 200 comments and counting, news media has been contacting the principles of the story. Officers under gag order are posting with three of their ID numbers blacked out; it’s been an amazing three days!

To read the story and see the comments, go to http://sbynews.blogspot.com/2011/12/ocean-city-k-9-officer-resigned-today.html

The comments are very insightful, with great a deal of detail.





Publisher's Notes: It's always nice when a respectable main stream media source picks up one of your stories believing its worthy of even more attention. When I spoke to Earl the very first time I told him this would go main stream and he wouldn't need the local MSM. Many Bloggers believe it only takes one major story, (like this one) that will help you to become the next Drudge Report. While we're enjoying the additional traffic, our main focus is providing traffic locally to deliver business to our local advertisers.





Ladies & Gentlemen, if you're experiencing slow loading today its because of the hundreds of thousands of hits we're receiving. You mention anything referencing animal cruelty and believe me, people will come by the millions and that's exactly what's going to happen today.


New Posts to fall below.

71 comments:

Anonymous said...

Attorney Pete Wimbrow III exposed this tramp years ago, he even wrote an ad in the newspaper telling everyone that she was not fit to be in charge of the OCPD.

Anonymous said...

I bet some heads are rolling right now in Ocean City. You go Joe!!!!

Anonymous said...

Way to go Joe!

Let's see how our "Family Resort" responds now.

Anonymous said...

Congratulations, Joe! That's great!

Anonymous said...

So when the MSM praises you, they are OK, but otherwise they are crap.

Is that it?

Anonymous said...

Everybody is talking about it here in Ocean City. Its all over twitter and facebook too.

JoeAlbero said...

anonymous 2:07, I said "respectable" MSM. CNN is respectable.

Anonymous said...

Knew it was about more then just a dog.

Anonymous said...

holy sh%T

No way concil allows this to continue!

Anonymous said...

Joe, can't you see they are using you! You also may want to check into the legalities of using this departmental photograph of this former officer and the dog.

Anonymous said...

They will blame it all on the recently deposed town manager. All is well.

JoeAlbero said...

anonymous 3:27, ROTFLMAO! What, is the Town of Ocean City going to sue me for using a public photo delivered to me, I think NOT.

Keep in mind people, I am a taxpayer in Worcester County too. Good luck with that threat.

Anonymous said...

This is AWESOME !!!! Hard work truly does pay off! Congratulations Joe!

John Robinson said...

Too bad the story didn't break with you Joe. It broke because the loudmouth cop cried enough to anyone who would listen or give a shit. The dog is old, he needed put down, just like you. The shame of it is, that dog has more brains than you do. Hopefully someone puts a bullet inside your thick skull real soon. Tick Tock mother fucker.

Anonymous said...

I was given a photo of me when I retired. Are you telling me I can't use it any way I like to use it. I think it had to be given to him also at some point, they do that once in a while. Sounds like you are saying that the photo can't be used, but what if my wife or family would like to use it in the newspaper one of these days.

Earl Campbell said...

Mr Robinson-The dog is almost 7 years old, born January 16, 2005, furthermore what does age have to do with it? It shouldnt matter if he is 7 months 7 years or 15 years, he shouldnt of suffered.

Andy Berges said...

Great work Joe! Your blogsite is truly a Godsend for residents in this area.

People thought I was just a disgruntled whiner regarding my uncivil, illegal and inhumane treatment at the Dunes Manor Hotel, but the truth is that O.C. is a corrupt town still living with its old-school prehistoric ways & their "Beat 'Em With A Stick" attitude at their workplaces run by tyrannical (so-called) leaders in upper management...not only at the town's hotels but at the police department as well.

If it wasn't for your informative site which enlightens area residents of important FACTS that the local news station withholds & deprives us all of, CNN would not have reported it and a TON of people would have been naive of the TRUTH.

Beezer said...

I have said it many many times before on this site - STAY OUT OF OCEAN CITY. It is bad news! They -(public officials) - will find anyway they can to fine you, fee you, horrass you, permit you - you name it and they will levy it.

From the State's highest water fees, front property assessment, sewer fees, fixture fees to over-regulation and taxation. It is amazing that Ocean City is truly a run-a-way government. My advice - stay clear of Ocean City, MD.

Anonymous said...

WOW in regards to John Robinson's post...very inappropriate & vulgar!!! Is this the same guy that owns a jewelry store and RIPS OFF customers with the GOLD they bring into his store and he gives them pennies on the dollar!? He should be ashamed of himself!!!

Anonymous said...

good job joe. But honestly, can you people say with a straight face that you would pony up 7 grand for a 7 yr old dog. In this economy! I hope the officers kids education fund doesn't suffer like the dog was. He should of been put down.

Anonymous said...

Anonymous 4:30 pm-- That is the Guy! He is a real piece of work!

Andy Berges said...

I agree Beezer. Ocean City officials thrive on oppressing those who are from "The Other Side Of The Bridge" and who are not "Good Ol' Boys & Girls."
Check out this link to the ASTRONOMICAL wages the O.C. Government earned in 2009:
http://www.oceancitytoday.net/news/2010-03-26/Top_News/OCEAN_CITY_GOVERNMENT_2009_PAYROLL_FROM_50K_AND_UP.html

Now check out the ASTRONOMICAL unemployment rate of O.C.'s county which is the highest in Maryland:
http://www.bls.gov/ro3/mdlaus.htm

It's not a matter of how intelligent you are or "WHAT" you know in order to make ends meet in this town, it's a matter of "WHO" you know! The main thing the O.C. Government is focused on & concerned about is the luring tourist's into spending as much ca$h as possible and assessing & increasing HUGE taxe$ every chance they get to property owners in order to pay their salaries so they can maintain their LAVISH lifestyles.

Earl Campbell said...

Anon 4:30
My kids education fund should have no bearing on my dog suffering. I appreciate your comment, but no dog should be made to suffer! PERIOD!

Earl Campbell said...

Mr Berges, I understand your concern but please dont bash all my brothers in blue. That job is by far the most dangerous in the world. At any time, they can leave their families for their call to duty and not return home! I understand your point, but please dont imply that these guys make to much money. Their is NO AMOUNT OF MONEY IN THIS WORLD, to pay these guys for what they do!

JT said...

I moved away from the OCMD area in part because of this kind of corruption. I didn't know of any sexual misconduct, but anyone who grew up in the area is well aware of the "quota-justice" of seasonal cops (you get arrested and fined because they have a quota to match to keep their jobs), and the just plain corrupt nature of the year-round force.
I hope the entire force, even the good ones, get a close examination on this one. I lived there for 21 years and can count the number of good OCPD cops on one hand.

I have no names to report, but would be happy to share stories of the corruption and horrible practices I witnessed in my time in OCMD. Email me if you're interested.

Anonymous said...

4:30 You are obviously not a pet lover; Friend just spent $8900 for knee/hip surgery on her 9YO; we're looking at $3500 for cataract surgery for our 13YO.

Those who won't wind up in that special place in hell for those that don't love pets understand that, while not all people love dogs, all dogs love people - unconditionally.

Anonymous said...

How in the world does John Robsinson stay in business. He has a very foul mouth and bad attitude. He should really be ashamed of himself. If he does not like this blog site, he should go elsewhere, I don't think anyone here would miss him.

Andy Berges said...

Earl..sorry if you understood but I was not bashing "your brothers in blue", I was referring to certain OC government officials who prefer to wear "blinders" and not deal with several crucial issues in the town that need to be resolved.

I apologize again for the misunderstanding.

Anonymous said...

Good!! Thanks Earl for having big ones. Dr. Phil next please. Damn corrupt tyrants think they can treat anyone like shit. See how the tide changes when the tables are turned.

Anonymous said...

Anon 6:37....Robinson stays in business because he is an unethical and greedy sleazeball who has preyed on poor people many years by shystering them out of their gold for a fraction of what it was worth.
When he is in a grave situation as everyone inevitably will be, he will regret ripping off people in order for him to make a fortune and he will realize all of his precious money is going to be useless when he goes to his grave...what a LOSER!

Earl Campbell said...

Andy, No problem, just wanted to clarify that these guys and officers all over are underpaid for what they do.

On other note, I truly hope your issues have been addressed and wish you a successful New Year!

Anonymous said...

It is not about if you're a dog lover or not. If you think 6000 dollars is too much to spend. This was a service dog/ police dog. So if the town or department does not want to pay for an operation for one of there own, I am left to ask why. I think that if you look at the towns treatment, support and compassion towards people or in this case animal you can find there is a pattern for not helping people that need it. I did a search and found that the town is being sued by some firm for a bunch of ADA violation in town properties (town hall was on the list)
So what these guys are saying to me is when you need something from them don't expect any help! It could be a family with a child disability to a loyal dog. If you are in need if help not look on getting it from this place

Andy Berges said...

I understand what you mean Earl & I appreciate you wishing me success.

I hear what you're saying "JT" and would like to hear more info you may have to share so I'll be e-mailing you in the near future. I've lived in the area for 4+ years now and as I have told many others, many times:
The O.C. area is the most "picturesque" places to live in Maryland, but it's the "ugliest" place to work in Maryland.

Jimmy said...

Well listen to a sage old man...despite the obvious problems in my little town, the despite the very clear indication that a CHANGE in leadership is needed...it will not happen!

The boss will do what she does best, duck and weave, I didn't know, or I thought it was handled, or it was handled (by a slapped on he wrist). The bottom line ladies and gentlemen is our council will NOT do anything ! Post, call, whatever, it won't motivate any call of action. Why...I have no idea, I've lived here to long, we are on "the other side of the bridge" it is just that way.

It WON'T happen...

Maybe they will do a little cursory "investigation" and then it will go away...I know I've lived it, seen it and Im watching it again.

The best thing that will happen is a tweak here or there, maybe better management, less oppression, more leadership involved and higher quality leadership...for awhile, and then it's "status quo" again. Maybe the "tyrannt" will change his moniker to "leader" that would be a step in the right direction!

Dont xpect much, I wish I had better news, that's just the reality folks. Campbell you did an amazing thing, Mr. Alberto, you have been great too. Campbell you fought the good fight, I'm sure nobody ever thought you'd take it to them like his, you have earned my respect and the respect of anyone reading this blog! You are a class act, I'd be proud to call you my friend!

Anonymous said...

@anon 430...Joe specifically said he would not, but he respects Earl for what he did...I could not spend 6 grand on a dog, but would if I could...notice I did not say would not, I said could not...BFFs are forever not matter what...

Beezer said...

Ocean City has never been the same since Mayor Kelly left office. When Ocean City went to a City Manager form of government, at that point it lost all public accountability.

Having worked there virtually everyday for over 13 years - I can tell you first hand that it used to be a good place to live and work. There were some stellar former Ocean City department heads that included Miles Algood, Dick Taylor, Coach George Schoeff, Blaine Smith, Ron Ellis among others. The only decent one left of the older regime is Hal Adkins - and he will not accept the position of City Manager.

And if Jim Mathius were honest and leveled with the pubic - he would tell you the same.

My advice - STAY OUT OF OC!

Earl Campbell said...

Jimmy, I truly appreciate your comment. Your right, they never thought anyone would stand up to them because of fear tactics and concerns over career suicide. But someone had to make a stand. I just happened to be the man to do it. Thank you again for the kind words!

Andy Berges said...

Jimmy...From what I have gathered, Ocean City is RULED via an oligarchy. 2 definitions of oligarchy are:

1) a form of government in which all power is vested in a few persons or in a dominant class or clique; government by the few.

2)a form of government in which most of the political power effectively rests with a small segment of society, typically the people who have the most wealth, military strength, ruthlessness or political influence.

Anonymous said...

For those of you saying whoever will not spend $8000 on their pets doesn't love them, YOU ARE NUTS! Some people, unlike you apparently, just don't have the money to fork over that much for themselves much less a 13 year old pet. I love my animals to death (2 cats and a dog), but if one of them gets hurt in a way that will maim them for life and only a surgery that costs me $10K will save them then they are being put down. They are, after all, just an animal. Oh and before anyone says something snotty like "If you don't have the money then you shouldn't own a pet" just know that my pets are well fed and well taken care of in all regards. Bottom line, I do not believe in spending thousands of dollars to prolong the life of an ANIMAL by another year and a half. No the dog should not have been made to suffer but I can understand NOT wanting to spend $7000 on it. Put it down. The end.

Anonymous said...

I had no idea this was going on in OC. I knew they had some issues, but not to this extent. Wow. I am just flabbergasted. Some of these officers are making a horrible name for the other moral officers who are truly committed to serving the public. What is happening to our society?! What ever happened to self control, self restraint, and personal responsibility? Have these gone by the wayside to make way for chaos? Do we need to re-learn why our society has laws? Ridiculous. Inexcusable.

Anonymous said...

Joe,

I heard you on the Delaware radio station 92.7 this morning... Good stuff...

I would like to add to what you said on the radio show...

If you can have criminal charges brought up on you if you were to hurt, hit, spit, cuss, throw, yell or any of the sort at the police K-9 then at the same time this is considering him a real police officer and therefore the OCPD should have to pay to give the dog the surgery because if he is indeed an officer then the dog should get full health compensation PERIOD....

Anonymous said...

Wow really dude. I guess when all the locker room talk at the academy, at K-9 training you never said a word. I guess you are the true "POPE" of Ocean City. I am truly sorry about your K-9 partner. The fact that you start throwing people under the bus when things did not go your way speaks volumes to your charecter. If you in fact reported these things in "writing" as they happended then I stand corrected you are a hero. That K-9 was purchased as a tool to fight crime. Not to be your family pet. I know all you animal lover are dropping a load about now, but sorry folks the facts are the facts. I have witnessed K-9 officers refuse to put the animal in harms way. Guess what the sad horrific fact is the K-9's are there for just that purpose. If the aphrehension of an armed violent subject can be brought to conclusion with the use of a "patrol" K-9 then that is what you do. We nver put a K-9 life over an officers life. You have lost all persepective when you think that way and need to be out of the unit.

As for you idiots that drop 40k on a dog for lasic eye surgery or k-9 vaneers you are sick and need some real help or you are just f'ing rich beyond belief. I have spent thousands of dollars on my pets. I get normal care and emergencies. I get it. When you start viewing your "pets" or "tools owned by the city" as humans you are lacking in other areas of your life.


Bottom line you dont throw the baby out with the bath water

Anonymous said...

Where have you been 8:25? Don't you know he's the "man" that's going to changes things?
I have had great expericences with the OCPD every time I have ever dealt with them. What an officer does in his off time, is none of my business unless they themselves are breaking some kind of law. As for the supposed "victim" hooking up with a cop, that's is her business and this ex officer has some nerve bringing her into this. What kind of jerk tells an innocent victims business? I think this guy is some kind of anti social loser myself!

Earl Campbell said...

8:25
Thank you for your comment, it shows your true character. Have a Merry Christmas! I hope santa brings you lots of goodies. Hopefully one of them is a heart.

Let me clarify this one more time. I have not stated anything about any other incident. I can not refrain others from saying what they want. But I, Earl Campbell, have not said anything other then my dog shouldnt of had to suffer!

Anonymous said...

Whatever Campbell. Yeah, we know you're the man!
You need a heart and quite possibly a brain! Say what you want but bringing up a civilians business is low life and trashy!

Anonymous said...

In my opinion Anon 10:04 and it's just my opinion-judging from your ignorant and childish remark, it is actually you that is the low life and trashy one. Mr. Campbell was informing us of the truth and it seems as though that Ocean City officials need to wake up and realize that this is the 21st Century, not the Caveman Age days.

Anonymous said...

@4:58. Mr. Campbell. Stop the FOP propaganda! The job is by far NOT the most dangerous in the world. In fact Law enforcement does not even make the top 10 list of dangerous jobs! Do not take my word for it. Look it up. truth. More officers die in car accidents, suicide and fratricide than are killed in hostile actions. You do not where the badge any more so stop the "look up to us, pitiful prima donna BS.

Anonymous said...

"OC officals wake up" just where have you been? They will bury this just like the other trash they hide. The council met yesterday, and has already gone into damage control, and sided with the princess and her lies. NOTHING will happen except a further decline in officer moral and attitude. I wouldn't want to be driving the streets in OC anytime soon, no doubt it will be a free for all. Shame, real shame.

Anonymous said...

For anyone who says just a pet....don get a PET....you don't deserve one....and are probably the worst pet owners on the planet.

Anonymous said...

10:31 in my opinion and my opinion only, your opinion is worthless! Anyone who thinks it is okay for Campbell to drag a perfectly innocent CIVILIAN victim into his BS is as dumb and worthless as he is! Got It! I'm done with you. You are dismissed!

Anonymous said...

Campbell never mentioned a civillian, he talked about his dog.

The civilian victim was victimized by the officer that had zero character and tired to use a bad situation as an opportunity for himself. The victim has never been identified, nor has the cop. In any case, Campbell didn't bring that up.

Anonymous said...

12:49-Campbell encouraged and sanctioned those comments so he owns them no matter who said what. He has put himself in a postion if and when the good the bad and the ugly surface about himself he has no one to blame. If crazies come out of the woodwork and say hurtful things he has no one to blame but himself. It's terrible he has put his own self interests about his children. This is not a person of integrity or honor. This is a self serving leech!

Anonymous said...

12:49

Are you a cop? Obviously you are, you are all very scary, you are all so aggressive and angry. I am afraid that you all make the situation look so much worse. Now you are making threats about how you will attack this good man, animal lover, and father. I am ashamed of you, this is not police officer behavior. You say crazies, that is awful, so cops in Ocean city are crazies that come out of woodwork and hurt! You must be proud of yourself and your chief must be proud of you. Extremely disappointed to say the least I expect more from you police officers.

Earl Campbell said...

10:04
Please enlighten me on what civilian I brought into this? I haven’t said anything except about my dog.
12:34
Please tell me what civilian so I can clear this up?
1:24
This is the leach, Earl, I haven’t encouraged anything. I have begged guys to stop and let me do this! I have called FOP Pres and asked him how I can stop the guys from posting. If your such the honorable person, then call me and lets talk. Otherwise your facts and credibility are worthless!

pi$$ed in oc said...

i dont understand why all these officers are hideing why not spread your name out there if you have nothing to hide. It seems that the ones with the most dirt on thereselfs are bullying these other officers to hide there name. kirkpatric and dipino? are these the bullies you all fear? there little children with a bit of power, shit if your lucky they'll fire you and you can collect unemployement like the rest of america not to mention the lawsuit you'll have before your reinstated probably with an advance in pay grade....
ocpd im embarassed by you, you bring great dishonor to yourselves and the community. dipino your lashing out like the scared little girl you truely are. kirkpatric and the rest of the goones should resign immediatly.
theres nowhere to run, your local, everyone knows where you work, and live, and by all this publicity its just a matter of time until someone pays you a house call.
if there was true justice you'd be locked in the same cell with the people you've put away for commiting the same crimes as yourselves.

Anonymous said...

Don't be so presumptuous as to assume that everyone who speaks against Mr Campbell and his actions are affiliated with the OCPD. The truth as it stands, and whether Mr Campbell or anyone else for that matter chooses to believe is that, public opinion couldn't be less favorable toward Mr Campbell.

Pi$$ed in OC said...

Officer Campbell is amazing, its about time someone stood up againt the ocpd besides everyday citizens who in fear of harassment can do nothing more than file complaints which obviously fall upon dead ears when they reach the top of the chain of command. OCPD, your pathetic. Whats next, beatings of witnesses who step forward agains your regime. Dipino and her Goones obviously act like nothing more than a spoiled children who use tactics such as cyber bullying tactics to enforce there will. Its embarassing for the entire town to see how pathetically the force and its town council are handleing this whole situation. Why arent these "higher ups" temporarily suspended!!! Why arent we hearing aobut a council wide investigation??? Why no statement from the council, because they've been in bed with the ocpd before this whole thing ever started, its the "good ol' boy system", you help me bend the law and I'll help you break it. When is enough going to be enough!?!?!?!?!?!

Anonymous said...

I love how OCPD will work the the dog as an official "POLICE OFFICER" but yet won't give it healthcare like any other "POLICE OFFICER" which is pathetic in my opinion and a bull excuse for them to keep 6,000 in their pockets and this corruption doesnt just extend OC it goes as far as BERLIN as well maybe even salisbury, oh and nice death threat mr. robinson your the asshole who needs a bullet in his head. OCLO ALL DAY

Anonymous said...

OCLO 153 ALL DAY WE TRAPPIN AND YOU CROOKED PIGS CANT STOP IT!!!!! TAKE THE BADGE OFF AND SEE ME ON A MAN TO MAN LEVEL YOU WONT BULLY ME AROUND LIKE YOU ALWAYS DO! BUNCH OF DUDES WITH SMALL WEINERS ABUSING POWER!!!

The only people who have a bad opinion of the guy throwing this into the light, are the ones who are having their business put out. HOW DARE YEWWW GO AGINST YERR BRETHREN IN BLEWW?!?!?

Thats some gang type stuff man...but you want us to snitch on people for the smallest crimes alllll the time. It makes me sick. I hope you all have security outside your houses. REAL TALK 153 DAUG OCLO DRUG GANG TRAPPIN COCAINE BRICKS

Anonymous said...

I have previously been a big supporter of chief Dipino. Unfortunately, with these serious allegations she needs to seriously consider stepping down. A national search should be conducted and a person from outside the department should be appointed the new chief. All current captains and lieutenants who are currently eligible for retirement need to be offered a position as a sergeant or forced to retire. The whole command staff needs to be cleansed because they can not effectively lead under this climate. Sbynews is a legitimate news organization and the citizens are demanding an official response from the police department.

Anonymous said...

lmfao @ this guy preaching about how brave these thugs are. They are the guys who can't develop business or make it in the corporate world, guys who are too proud to dig a ditch, but sociopathic enough to become a "ruler" of the civilians. Aka cops are stupid, brutal thugs who get paid while empowering their narcissitic behavior with their iron fist brutal dictatorship ss style policing. Shouts out to OGRADY,PACCINI, MELENA and CASE, to name a few whom I have personally been physically abused and harrassed by. I would like to be fair and say out of all of the years I spent in Ocean City, Townsend was a very nice guy. If only all police could be like him. Joe, I hope you don't filter out my posts like all of the others I post. Hey, I can say this, if it were not for all of the years of OCPD treating me like crap, I would not be as successful as I am today. Now I make more in a month than 2 or 3 of them make in a year. Thanks for destroying my life so much that I had no choice but to blow up and become rich with no high school diploma.

Anonymous said...

OCPD, is a joke!!!!!

Anonymous said...

Actual words from the judge in the case...long read, here are main points..not good!


http://caselaw.findlaw.com/md-court-of-special-appeals/1211941.html

 Even if DiPino reasonably believed that appellant knew she was engaged in the performance of duty, we remain convinced that DiPino lacked probable cause to secure appellant's arrest.   This is because appellant's act of speaking out, under the circumstances attendant here, did not constitute an act of hindering.

The court found the evidence of hindering insufficient.   It reasoned that, from across the street, the defendant could not have heard the woman agree to engage in an act of prostitution, and thus could not have known that a crime was being committed or that the officer would be making an arrest.   Further, as the officer was able to effect the arrest, the defendant could not have hindered him

Davis did not make a false statement.   Nor did he incite lawless action.   To be sure, this case did not involve national security that was jeopardized by a former governmental employee who had knowledge of sensitive security information.

Moreover, the evidence did not show that anyone besides King and the officers actually heard appellant's comment.   Indeed, the police officers merely speculated that people across the street may have heard Davis's remarks;  DiPino claimed that she saw “dirty looks” from others on the Street, but conceded that her two targets had already left the area, and things in the area were beginning to “wind down.”   Additionally, no evidence was presented to show that appellant actually placed the officers in any danger.   To the contrary, almost two months passed, uneventfully, between the time of the occurrence and appellant's arrest.   During that period, there was no suggestion of harm or threats of harm to DiPino that would have justified her continued belief that Davis put her in “extreme danger.”   While DiPino may have been exposed to a greater risk of danger than she would have been absent appellant's remarks, this does not amount to the “clear and present danger of imminent lawless action” that words must cause in order for one's First Amendment rights to succumb to valid state action.

HOLLANDER, Judge.
Continued below

Anonymous said...

That the officer was arbitrary in pursuing Davis is evident from DiPino's own testimony.   On cross-examination, she testified that her father worked with Davis's girlfriend during the relevant period.   After Davis's arrest, DiPino learned from her father that it was Davis's girlfriend who had revealed DiPino's true identity to Davis.   Yet DiPino never sought charges against the girlfriend for hindering.   Nor did the officer file charges against appellant when he revealed to DiPino, a year earlier, that Sergeant Holtzman was actually a police officer.   DiPino thus seems to have acted “selectively on the basis of the content of the speech.   Such discretion is particularly repugnant given ‘ [t]he eternal temptation ․ to arrest the speaker rather than to correct the conditions about which he complains

Appellant's comment understandably annoyed or angered DiPino.   But we cannot countenance an arrest based on “conduct that annoy[ed]” a police officer. Nor can we sanction an arrest because of an officer's “personal predilections

Based on the facts of this case, we conclude that appellant was arrested in violation of his constitutional rights to free
We have concluded, however, that Davis's arrest was not founded upon probable cause, and that his arrest contravened his rights to free expression

  I am also persuaded, however, that appellant's evidence was insufficient as a matter of law to establish either (1) that the right to “blow the cover” of an undercover officer had been “clearly established” when appellee filed her Application, or (2) that no reasonable law enforcement officer would believe that the information contained in the Application was sufficient to establish probable cause for appellant's arrest.1

HOLLANDER, Judge.

Anonymous said...

This information is very disturbing, the judge has said that that an arrest was made because she was annoyed! This guy lost his freedom, was put in jail because he annoyed her, the judges words. The judge was that Dipino was arbitrary in pursuing Davis, he calls her actions, repugnant said the arrest was made on the basis of her personal bias. Furthermore the judge says that Davis was arrested in violation of his right to free speech and expression. Last he says that no reasonable officer would believe that the information that she wrote in het charging papers was sufficient to establish probable cause!

What happens when she gets annoyed a an officer, I think we have all found out by reading the comments. Tell the truth...apparently the judge didn't think so. I really don't know what else to say, as a previous supporter I to now agree that we have to make a change.

Anonymous said...

Small town = big trouble

Disagree?

Anonymous said...

The best thing to do, the way to show concern is to call the council, the only way is for us to tell them of our displeasure. Comments are great, but calls and voicing our concern about this situation. Call the council, 410-289-8221 is the main number.

Call and don't stop, they need to know we do not support this from our police and the leadership. Demand a change now!

The website list numbers for some council members, since its public info I have included the numbers they list on the town website for contact information.

Brent Ashley
443-614-1376

Doug Cymek
443-235-1504

Mary Knight
443-235-0326

Marget Pillas
443-235-4403

Anonymous said...

Sad, and I don't think OC is alone in this. Nationwide, Protect and Serve has turned into Harass and Fine.

Anonymous said...

OC not alone but until now well hidden. It has been exposed...finally.

Anonymous said...

Its a shame to read a lot of these posts. Heres the reality. If the officers who posted accusations against the OCPD leadership have an issue, substantiate these things with the Mayor. If you dont do that, you should resign and leave our community, because you dont deserve to live here and work for the OCPD. Bottom line is that Ocean City is one of the best communities in the State, with a great Municipal Government to include the Police Department. I have a feeling much of what was claimed by annonymous officers on this blog in response to the K-9 story is not accurate, and that it will not be substantiated. Lets see. And to all the folks who want to bash Ocean City, I suggest you dont come because OC does great and will do even better every year, despite your mouthy and worthless criticisms. Thats what I think.

Anonymous said...

Hey Reserve Officer Saas noboby cares what you think. Go dress up in your purple Barny the Dinosaur costume (your purple sweat pants and jacket) and get a life. You're not important and you get in the way at OCPD...literally!
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