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The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
Nassau County District Court Judge Suppresses Statements in False Criminal Charges Finding DA's Office Failed to Meet Its Burden
Police Officer Dolores Sharpe is a nineteen-year African-American female veteran of the Nassau County Police Department and currently serves in the Applicant Investigation Unit of the Department. Her work in and for the Nassau County Police Department has been recognized with awards from such organizations as the Grand Council of the Guardians, and her controlled and calm demeanor has allowed her to serve Nassau County and its residents in such units as Community Affairs, teaching in public schools and at senior events; Court Liaison in the District Court; and working dignitary details such as the Presidential Debate of 2012 and the Black Course at Bethpage for the U.S. Open. Officer Sharpe’s police work not only included 10 solid years on patrol, but her work for the United Nations and service in the United States Air Force (military police) have provided her with a top-shelf education in policing.
On Friday, November 29, 2013 Officer Sharpe was falsely accused of violating Penal Law § 205.30, Resisting Arrest; Penal Law § 240.26 (1), Harassment in the Second Degree; and VTL 375(12-a)(b), Sidewings or Side Windows covered with material which is tinted. Ms. Sharpe pleaded not guilty to all charges and maintains her innocence. Officer Sharpe was confronted by another member of the Nassau County Police Department who exhibited an uncontrolled level of aggression, abusive language and vindictive nature [that clearly places the public at risk]. Key to the charges now alleged against Ms. Sharpe is the fact that the complaining officers failed to disclose the improper and violative interaction they had with Ms. Sharpe before their wrongful and contrived “traffic stop.” Officer Charles L. Volpe’s decision to become vulgar, verbally abusive and physically threatening to Officer Sharpe, along with the use of verbal threats and unnecessary physical force by Officer Victor J. Gladitz, who are both out of the Fifth Precinct, mark a series of improper acts against Officer Sharpe that not only violated her rights as a citizen, but violated numerous procedures, rules and regulations, for which each of these officers should be made to answer. Then the misuse of arrest, and the filing of false charges of Resisting Arrest against Officer Sharpe only served to make a bad situation worse. Any claim of resisting arrest against Officer Sharpe is nothing short of ludicrous, and can only be seen as an attempt by the subject officers to cover up their own wrongful and discriminatory acts. Their complete disdain and ongoing verbal abuse of Officer Sharpe is seen as a clear exhibition of racial bias that was evident from Officer Volpe’s opening barrage of curses and insults. She was then abused, manhandled, falsely accused, falsely arrested and mistreated by the police. All of this happened in public and in plain view of many witnesses. On December 2, 2013, Ms. Sharpe, through her attorneys, filed with the Nassau County Police Department, Thomas V. Dale and County Executive Edward Mangano a complaint about her treatment and against the above referenced police officers.
On November 29, 2013, Ms. Sharpe was jailed and falsely charged with Resisting Arrest which is alleged to have taken place on November 28, 2013 at 200 Hempstead Turnpike in West Hempstead. At that time, no other charges were leveled against Ms. Sharpe. Then on January 9, 2014, the Resisting Arrest charge was changed to November 29, 2013 at 188 Hempstead Turnpike and charges were added to include Harassment on November 29, 2013 at 188 Hempstead Turnpike and Tinted Windows on November 29, 2013 at Mayfair Avenue.
On October 20, 2014, Judge Susan Kluewer of the Nassau County District Court, who had previously dismissed the charges relating to Sidewings or Side Windows covered with material which is tinted, granted Ms. Sharpe’s request, following a full hearing to suppress certain statements allegedly made and which the District Attorney wanted to use against her in the upcoming trial. Judge Kluewer wrote:
I must therefore conclude that the People have failed to meet their burden (citations omitted) with respect to the statements “I don’t have to listen to you, I’m a cop,” “you don’t have enough time on the job to be telling me what to do,” and “I am a Nassau County Police Officer and I don’t have to show you anything” and hereby suppress them.
Each of these charges were manufactured in attempt to frustrate Ms. Sharpe’s civil rights and to mask the wrongful actions of Officers Volpe and Gladitz, each of whom have continued these false and malicious charges against Ms. Sharpe. The matter is scheduled to go to trial in January of 2015.
To see the District Court of Nassau County's decision, click here.
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