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Saturday, February 20, 2010

[NY] Fired-reinstated-arrested-6-times Officer John Lewis cleared of DUI (with help from his bros). Still facing domestic charges.

...It's the second time [Judge Guido] Loyola has exonerated Lewis. In March 2008, Loyola, in another bench trial, cleared Lewis of harassment related to allegations he had fought with his ex-wife... That leaves one misdemeanor, a criminal mischief charge, related to allegations Lewis trashed his mother's home and fought with his Albany brother, who is an Albany police officer... In the past two years, Lewis has been arrested a half-dozen times on domestic violence and drunken driving charges...

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JUDGE CLEARS COP OF DWI
Lack of evidence cited in acquitting Officer John Lewis of drunken-driving charges
timesunion.com
By Paul Nelson
February 18, 2010
[Excerpts] Citing a lack of evidence, a City Court judge acquitted a jailed city cop of drunken-driving charges on Wednesday, marking the second time in the past two years that John Lewis has been cleared of misdemeanor offenses. "There was no indication that the vehicle was swerving, weaving or being operated in any way by a person that was impaired," said Judge Guido Loyola on Wednesday, recounting the evidence the prosecution presented... He also noted that the surveillance footage from a street camera failed to show clearly who was behind the wheel of a black sport utility vehicle that prosecutors had accused Lewis, 40, of driving when he slammed into a parked car on a city street... A then-rookie cop testified that he took Lewis home before the accident was investigated and a veteran lawman told Loyola he was distracted by witnesses at the scene, allowing Lewis to sneak away and appeal to the less experienced cops to get him out of there. It took police commanders another 90 minutes to get to the home of Lewis' mother to evaluate his condition that night, according to the testimony of various officers during the trial... Asked about trial testimony that officers on the scene turned off a police car video camera and microphones, Tiffany said, "Why would somebody want to turn off their cameras and microphones and what conclusions can you draw from that?" It's the second time Loyola has exonerated Lewis. In March 2008, Loyola, in another bench trial, cleared Lewis of harassment related to allegations he had fought with his ex-wife over custody of their young son. Last month, the district attorney's office dropped contempt charges against Lewis. That leaves one misdemeanor, a criminal mischief charge, related to allegations Lewis trashed his mother's home and fought with his Albany brother, who is an Albany police officer and who intervened. Horan said that will be also be a nonjury trial before Loyola on March 29. Once that case is resolved, felony charges will play out in county court. In the past two years, Lewis has been arrested a half-dozen times on domestic violence and drunken driving charges. An independent hearing officer who presided at an internal affairs disciplinary hearing will soon issue a decision that could result in his firing from the police force. Lewis is currently being held without bail at the Schoharie County Jail after facing a second DWI charge... Lewis, who Horan has said has a drinking problem, also pleaded not guilty to a 10-count indictment accusing him of using a former girlfriend's computer to hack into his ex-wife's e-mail accounts. He has filed a notice of claim contending the city conspired with his ex-wife to get him fired. In December, Lewis suffered a stab wound in Massachusetts, allegedly at the hands of his girlfriend. No charges were filed in that incident... Lewis' troubles with the department date back to 1998... [Full article here]
[police officer involved domestic violence oidv intimate partner violence (IPV) abuse law enforcement public safety new york state alcohol driving under influence while intoxicated steve flamisch, cbs6albany.com repeat hx teflon lethal]

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