Pubdate: Tue, 16 Dec 2008
Source: Niagara Gazette (NY)
Copyright: 2008 Niagara Gazette
Contact:  http://www.niagara-gazette.com
Details: http://www.mapinc.org/media/4174
Author: Rick Pfeiffer
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

OFFICER ARRESTED: WARME REMAINS JAILED

A hearing to determine whether jailed Falls Police Officer Ryan Warme
will be freed on bail was delayed in federal court on Monday when his
lawyer said he needed federal prosecutors to turn over more
information to  him.

U.S. Magistrate Judge Hugh Scott adjoined a detention hearing until
Dec. 30 to allow lawyers on both sides to submit arguments over why
they were or were not entitled to know the names of witnesses against
Warme and the contents of a seized cell phone. In the meantime,
Warme will remain in the custody of U.S. Marshals at the Steuben
County jail.

"There is some additional preparation we need," Warme's defense
attorney Joel Daniels told the judge. "There was a cell phone taken
from Ryan when he was arrested and we believe there may be some
information on calls and text messages contained in that phone that
may be helpful to us in this detention hearing."

Daniels said he had discussed the issue of the cell phone information
with prosecutors, who told him federal investigators were also
looking to examine the  text messages and call records contained on
the phone. The two sides are expected to share that
information.

Where prosecutors and Daniels did not agree was over whether the
prominent Buffalo based defense attorney was entitled to know the
names of women who claim there were sexually assaulted by Warme.

"It bothers our sense of justice that we shouldn't know the names of
our accusers," Daniels said. "We may know who two of these
individuals are, but we're not sure."

Assistant U.S. Attorney Anthony Bruce told Scott the government
doesn't have to reveal the names of Warme's accusers this early in
the case.

"Detention is designed to segregate those who might be a danger to
the public," Bruce said. "I submit Mr. Warme is a danger to witnesses."

Bruce said two woman who have accused Warme of sexually assaulting
them are particularly in fear of him.

"Our witnesses, especially the two who were raped, are in fear of
their lives," Bruce said, "and if he's out on the street that increases."

The prosecutor noted that one woman said Warme told her "that if she
ever told anyone (he had raped her), he  would take her to the 'res' (Indian
Reservation)  and shoot her." Bruce also told the
judge that he would introduce at the detention hearing affidavits
from two new witnesses who would also claim that Warme threatened
them with physical harm.

"He told one witness (if they cooperated with police investigators)
they would have a bridge names after her," Bruce said. "In Niagara
Falls there is a pedestrian bridge named after a young woman
(Jennifer Bolender) who was brutally murdered."

Warme, wearing a denim jacket and a drab green prison uniform, told
Scott he understood the reason for the delay in his hearing. All he
said was, "Yes sir." in  response to a series of questions from Scott
about his understanding of his rights.

He showed no emotion as he entered or left the courtroom and never
acknowledged his mother and father who were sitting in the spectator
gallery.

Warme has pleaded not guilty to a battery of federal charges
including cocaine trafficking, violating the civil rights of two
women and using his police issued a firearm while committing his
crimes. United States Attorney for the Western District of New York
Terrence  Flynn says the charges accuse Warme of "the use of his
firearm in the trafficking of cocaine, both on and off duty" and in
the attacks on the two women.

The civil rights charges carry a possible life in  prison
sentence.

A three year veteran of the force, Warme, 27, has been on paid
administrative leave from the Falls Police Department since Nov. 3.

The investigation of Warme began following citizen complaints made to
Falls Police Narcotics Division detectives. Federal authorities
joined the probe when it became clear that Warme's activities might
be violations of U.S. civil rights laws. Federal law enforcement
authorities have said the investigation is still on-going, with a
federal grand jury continuing to hear testimony and examine evidence
against Warme.

In a complaint filed with Scott, Warme is accused of attacking two
women while on duty. The complaint charges him with violating the
women's civil rights by raping one of them and forcing the other to
commit an act of oral sex and sodomy.

"No one here was forced to do anything," Daniels said. "There was no
element of force in these sexual acts."

Warme is also accused of buying "substantial quantities of cocaine
from a now imprisoned Niagara Falls cocaine dealer." Investigators
charge about five of those purchases were made after Warme drove to
the dealer's apartment "in the marked Niagara Falls Police
Department patrol car to which he was assigned."

Narcotics detectives and DEA investigators charge Warme bought
cocaine two to five times a week in spring 2007 in quantities ranging
from 1/16 to 1/4 ounce, before the drug dealer was arrested. After
the dealer was released on bail, Warme reportedly resumed buying coke
from him, but now, in large larger quantities, three and four times
a week.

"We absolutely deny the drug charges," Daniels said.
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MAP posted-by: Larry Seguin