Police queries bring sanction in Rehoboth
BY RICK FOSTER SUN CHRONICLE STAFF
Wednesday, August 29, 2007 1:05 AM EDT
REHOBOTH - Two local police officers are being disciplined for allegedly running more than 20 improper vehicle or criminal background checks on a controversial selectman.
Patrolmen James Casey and Bree Krasnianski allegedly submitted queries about Selectman Christopher Morra through the department's Criminal Justice Information System work stations 21 times from April through June 2006, according to an investigation report by Rehoboth Police Lt. Michael Brady.
Two of the alleged queries by Krasnianski were on April 3 - the day before a town election in which Morra defeated Krasnianski's father for a selectman's seat.
Casey and Krasnianski are appealing sanctions handed down last week by Police Chief Norman Miranda. The nature of the punishments, which have not been imposed pending the appeal, is not public record.
Many of the computerized inquiries about Morra - which occurred on April 3 and 5 and June 29 - may have been triggered automatically by a single message seeking access to motor vehicle records, according to information in the report.
Morra, who is facing a recall effort over allegations that he abused his power and violated the open meeting law, initiated the investigation by issuing a complaint to the police department that his confidential records were being discussed by police officers in public.
State and local criminal information and driver's license databases can be searched using a motorist or suspect's name regardless of whether the named person has a criminal record. However casual or "curiosity" checks without a valid law enforcement purpose is prohibited by state regulations, according to Brady's report.
Disseminating information gained through such methods is considered more serious and can result in criminal prosecution.
Brady's report included a recommendation that departmental charges of conduct unbecoming an officer be brought against the two patrolmen.
Casey, when interviewed by Brady, said he had stopped Morra and gave him a verbal warning for speeding in November 2005. At the time, Casey said, he noticed that Morra had a valid Rhode Island driver's license and a Massachusetts plate attached to his car.
However, according to an audit performed by the Criminal History Systems Board Field Services Unit, Casey's computer query was made June 29, 2006 - months later.
Brady's report quoted Casey as saying he ran the check to verify that Morra had obtained a Massachusetts driver's license. Asked why he made an electronic inquiry so long after the original incident, Casey reportedly said he might have seen Morra's car drive by him on June 29, but wasn't sure.
Morra said he continues to hold a Rhode Island driver's license, but is seeking to switch his license to Massachusetts.
The Massachusetts Registry of Motor Vehicle's Web site says Bay State residents must have a valid Massachusetts license to drive in the commonwealth. But Morra, a former Rhode Island resident, said registries in both states have confirmed that his status is legal.
Since Casey had actually stopped Morra for a traffic violation in 2005, and was aware Morra was driving on a Rhode Island license, the subsequent license inquiry was permissable, according to police union lawyer Kenneth Grace in a letter to Brady. Grace did not respond to a request for comment.
Krasnianski, according to Brady's report, said she never transmitted any inquiries about Morra using her data terminal and never stopped him for a traffic violation or had any other contact with him while on duty.
Krasnianski has recently been the subject of a hearing before the selectmen into alleged discrepancies on her resume. Selectmen have not issued a decision on the subject. The hearing has been one of several issues raised in the recall campaign.
Krasnianski and Casey either could not be reached or did not return phone calls from The Sun Chronicle seeking comment.
Brady wrote in his report that a complaint of impermissable access to the Criminal Justice Infirmation System against both officers is "sustained," but that the more serious charge of disseminating information derived from the records checks was deemed "unfounded" because of a lack of evidence.
Brady recommended that both officers should be charged with conduct unbecoming an officer for improper use of electronic criminal history systems and that both officers should receive retraining in proper and improper uses of such systems and information.
Morra said he is outraged by the the officers' alleged conduct and said he plans to present evidence that information from the records searches was disseminated in public.
"It's upsetting," Morra said. "If they would do this to me as a public official, what would they do to any citizen?"
Miranda said that in his judgment the two officers' inquiries were based on curiosity, rather than a valid law enforcement purpose. He added that there appears to be some confusion concerning what constitutes permissible and impermissible requests.
The chief said he plans to schedule mandatory training for all officers in his department with the assistance of the Criminal History Systems Board.
Miranda said the Rehoboth Police Department is and must remain an independent law enforcement agency and that he strives to keep it free of politics.
Politically related activity while on duty is strictly prohibited, Miranda said, "although what officers choose to do or not do on their own time is none of my business."
The chief also said the general public need not fear potential fishing expeditions into their records by officers.
"Absolutely not," Miranda said. "I'm very proud of the people I have here. The number of citizen complaints we receive is very, very minimal. In fact, I would say praise of our officers outweighs negative comments by five-to-one."
Miranda said the officer's first appeal is to the town board of selectmen. If the decision is not overturned, they could apply for arbitration.
Town Clerk Kathleen Conti notified selectmen last week that a recall petition seeking Morra's removal signed by 1,300 local residents had been certified and that the incumbent selectman had not resigned within five days as provided for by the town's legislative recall provision.
Once notified, selectmen have seven working days to schedule a recall election, which must be held no fewer than 60 and no more than 75 days following the notification. However, the next regularly scheduled selectmen's meeting is Sept. 5.
Morra, who would appear on the ballot automatically in the event of a recall, has challenged the validity of the petitions, as well as many of the signatures.
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