Pubdate: Fri, 04 Jan 2013
Source: Toronto Star (CN ON)
Copyright: 2013 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Peter Small

TORONTO POLICE CORRUPTION TRIAL: EX-DRUG SQUAD OFFICERS GET 45 DAYS
HOUSE ARREST

After more than a decade and millions of dollars in justice system
costs, five former Toronto drug squad officers have been sentenced to
45 days of house arrest for their role in the city's landmark police
corruption trial.

The conditional sentence imposed Friday was far less than the Crown
had sought: four years in prison for John Schertzer, leader of the
long-disbanded Team 3 of Central Field Command, and three years for
his four former underlings.

Timeline of the police corruption case

Nonetheless, all five defendants have filed notices appealing their
convictions. Toronto Police Association president Mike McCormack said,
however, they have not decided whether to go ahead.

Prosecutor Milan Rupic refused comment when asked if the Crown will
appeal.

Last June, a jury convicted Schertzer, 55; Joseph Miched, 54; Steven
Correia, 45; Ned Maodus, 49; and Raymond Pollard, 48; of attempting to
obstruct justice after an 86-day trial.

They were acquitted of conspiracy, assault, extortion and theft
charges.

Correia - the only defendant still a police officer - and Maodus and
Pollard were also convicted of perjury.

After the sentencing Friday, the Toronto Police Service suspended
Correia without pay. Any disciplinary hearings against him would have
to wait until all appeals are concluded, said spokesperson Mark Pugash.

Ontario Superior Court Justice Gladys Pardu delivered the sentences to
a courtroom of 100 family and observers.

All the convictions relate to a warrantless search of heroin dealer Ho
Bing Pang's Scarborough apartment in February 1998.

"The officers had nothing to gain personally from entering the
apartment without the warrant, save for perhaps shortening their work
day by a couple of hours," the judge said.

But Pardu rejected defence calls for a suspended sentence or
discharge. "The accused all breached the trust confided in them as
police officers."

Peter Brauti, Miched's lawyer, said "nobody is going to be uncorking
champagne tonight," noting that the process has taken a toll on the
officers.

McCormack said he was not happy with the sentences. "I'm disappointed
in it, but we stand by the system."

While they are under house arrest, the defendants will still be able
to leave their homes for employment, medical or court-related purposes.

The judge took the more than 11 years the officers have been under
scrutiny into account. "This process in itself constitutes an enormous
deterrent to any officer tempted to cut corners or lie under oath.
Their lives have been ruined."

The trial presented starkly different pictures of the elite Team 3.
The Crown labeled its members a rogue crew who robbed and beat drug
dealers, then falsified records and lied in court to cover up. The
defence called them "foot soldiers in the war on drugs" who made minor
errors but were never corrupt.

The first formal investigation into the drug squad was conducted by
internal affairs in 1998 after a man complained about a warrantless
search.

The following year, defence lawyers led by Edward Sapiano reported
their clients had been robbed of cash and jewelry.

Reached for comment Friday, Sapiano called the sentences "woefully
inadequate."

"When officers of the state are given a slap on the wrist for perjury
in a criminal prosecution, it sends the wrong message to the public at
large."

Launched by then Toronto police chief Julian Fantino, a special task
force began the massive probe in 2001.

Former RCMP Chief Supt. John Neily, who headed the task force, said
Friday he hoped police forces around the country implement policy and
training reforms based on what was learned in this
investigation.

Neily also praised the Crown and investigators for their "tremendous
tenacity" in the face of major challenges.

"They need to be complimented for that tenacity. It's an ugly
business. Not everybody likes what you do. It's not a business about
making friends."

After a preliminary hearing and protracted battles between Crown and
defence, the case finally came to trial in 2007. But the following
year, a judge stayed the charges over delays.

After the Ontario Court of Appeal reinstated the case in 2009, the
officers finally went on trial in January of last year.
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