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Drug Raid Ruling Upheld
Pubdate: Fri, 25 Aug 2006
Source: Calgary Herald (CN AB)
Copyright: 2006 Calgary Herald
Contact: http://www.canada.com/calgary/calgaryherald/
Details: http://www.mapinc.org/media/66
Author: Suzanne Wilton, Calgary Herald
DRUG RAID RULING UPHELD
Calgary's police chief meted out a "reasonable" punishment to a rookie
constable whose mistakes led to a drug raid on the home of an innocent
family nearly six years ago, the Law Enforcement Review Board has ruled.
In a long-awaited decision, the three-member, quasi-judicial board has
ruled Const. Ian Vernon's actions along with others involved in the
execution of a search warrant on the home of Nancy Killian Constant
and her family in 2000 was not a case of misconduct.
The officers were looking for a marijuana grow op that didn't exist.
The family targeted in the raid has since been fighting for more
serious punishment. They also want those up the chain of command to be
held accountable for their roles in approving the warrant.
Although what happened was "unfortunate," the board said it was
satisfied with Chief Jack Beaton's assessment that Vernon, who
initiated the warrant, deserved only a minor reprimand due his lack of
experience and the questionable advice he received from superiors.
"The chief of police recognized and apologized for the inadequacies of
Const. Vernon's investigation and the deficiencies in supervisory
direction that contributed to those inadequacies," the board said in
its written decision, noting the ruling dealt with the execution of
the warrant and not how it was obtained or approved.
"This observation . . . should not be construed as a suggestion that
misconduct can be 'apologized away.' "
Nevertheless, the board said a thorough review of the incident was
done and there was no need for further investigation by another police
service, or additional penalties relating to the warrant's execution.
"This has been a long and difficult situation for everyone involved,"
Acting Deputy Chief Bill Webb said Thursday. He added the department
was pleased "the matter has now been concluded."
Killian Constant said the decision implied the mistakes were
minor.
"When you have a police force going through a private residence late
in the night with guns drawn -- that's serious," said Killian
Constant, whose four children were asleep in their beds when police
burst open the front door.
Killian Constant, however, said the ruling wasn't a defeat,
particularly because her complaint to the board has led to a second
investigation into the actions of senior officers, including an
inspector who has since been promoted to deputy chief.
The new investigation will examine how the warrant was
obtained.
Police were initially told of the supposed grow op by the family's
landlord, Michael Terrigno, with whom they had a long-standing
dispute. Terrigno later recanted the story, but police pursued a
warrant anyway.
Meantime, the family has also filed a civil suit against the Calgary
Police Service.
The service is fighting the suit, maintaining that "all actions taken
were justifiably appropriate under the circumstances." It denies
Killian Constant's allegations the department or its officers were
negligent.
The claims in the lawsuit have not been proven in court.
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