Shawnee Sentinel,Portsmouth Ohio City,corruption,Mayor ,Martings,City Council discrimination courts violation civil rights 

Chief HornerNovember 18 2008  by Austin Leedom

Rogue cop Chief Charles Horner causes Portsmouth

statewide notoriety and disgrace-

Seven page report on internal investigation into Chief

Horner's abuses and crimes by two highly respected former

federal investigative officers.

Ohio State Bureau of Identification and Investigation

found Police Chief Charles Horner committed no felony

criminal acts they could verify or substantiate.    

However, a former U.S.Marshal and a former FBI

Special Agent, employed by Portsmouth City Solicitor

Mike Jones, found much more.

CLICK HERE FOR PDF COPY OF THE INTERNAL ADMINISTRATIVE INVESTIGATIVE REPORT

Read WSAZ article -- :Link

http://www.wsaz.com/news/headlines/27098824.html

WSAZ.COM WAS FIRST WITH NEWS - about Chief Horner

 

Moe's Forum - Was the first in Portsmouth

area to post news on Ex-Police Chief Charles Horner.

WSAZ Channel 3 and SHAWNEE SENTINEL have

been on the Chief Horner crimes story for five years.

 

By Austin Leedom, Thursday, December 18, 2008

 

1:30 p.m. Thursday, December 18th, 2008 – Municipal Courtroom “B”

 

CIVIL SERVICE BOARD OVERTURNS DISMISSAL OF

POLICE CHIEF CHARLES HORNER .  

 

WILL JIM KALB NOW BE NEXT TO BE

REMOVED FROM OFFICE?

 

Chief Horner is back on the job.  Following the ruling he was embraced and congratulated by several persons who had been sitting with him in the courtroom.  The Chief of the Fire Department, and Police Captains Thoroughman and Ware shook hands with Horner and smiled.

 

Many persons in the room seemed surprised at the verdict of the Civil Service Board who ruled that there was insufficient evidence presented to them to sustain the reasons for firing Charles Horner.

 

I was present at the entire two-day hearing last month and I must agree that the evidence presented against Chief Horner at that meeting was insufficient.  Also, the case was improperly handled.  Live police witnesses were available who could have been called to testify and confirm what the investigators had found and testified to in the hearing.  Sufficient witnesses to back up what the investigator had testified to were not called to testify.   Also the issue of willful insubordination by Horner was nearly totally ignored.

 

The board could not consider second-hand or hearsay testimony.  The Board could only make a decision on documents and proper testimony that was presented. The ruling, in line with the evidence submitted to the board, was proper. 

 

Many citizens who are familiar with the depth of corruption in this city may suspect that the inept handling of the case was  planned and deliberate so that Horner would be able to return to his previous actions of  harassing, intimidating, and wrongfully prosecuting any citizens who dared to speak up against the wrongful actions of the SOGP/Martings Foundation gang that has

controlled this city and the city funds for years through the appointment and election of corruptible city officials.

 

On the other hand most citizens will likely attribute the failure of City Solicitor Jones to sustain the dismissal of Chief Horner to simply be honest inexperience.

 

CHIEF CHARLES HORNER WORKED WITH COUNCIL PRESIDENT JIM KALB TO GET MAYOR GREG BAUER RECALLED IN 2004.  Will Kalb be next to go?

 

Will Horner now take revenge on Mayor Jim Kalb?  Will Horner again team up with a President of Council (David Malone) to remove another Mayor?

 

Mr. Malone intends to be Mayor.  Soon after becoming President of Council last month, Malone, in talking about becoming Mayor, Malone smiled and said, “I’m only a heartbeat away.”

 

At the citizens’ meeting with U. S. Senator Sherrod Brown on Thursday evening at the Plumbers and Pipe Fitters Hall,  David Malone repeated the phrase,  “I’m only a heart-beat away.”  He denied any plans with Horner to take Jim Kalb out of the Mayor’s Office.

 

In 2004 Mayor Greg Bauer was recalled from his office; the secretive team work of Police Chief Charles Horner and City Council President Jim Kalb in revealing the dishonesty in the theft of Two Million Dollars ($2,000,000.00) from the citizens of Portsmouth by Clay Johnson in the fraudulent sale of the Martings building was a big part in the removal of Greg Bauer from the Mayor’s seat.   Kalb, as the President of Council then ascended to the Mayor’s position.   Mayor Bauer had been planning to fire Chief Horner; with Bauer gone Horner was secure in his job.  Greg Bauer was out in the cold; Kalb and Horner were home safe.

 

Will history repeat itself?

 

By Austin Leedom,, Thursday, December 18, 2008

 

 

 

 

 

Nov 29, 2008  by Austin Leedom

Police Chief Charles Horner was recently fired for committing felony crimes.

An appeal by Horner to the Civil Service Commission was heard on Monday, 
 and Tuesday, Nov. 24 and 25,  2008.  The two day hearing was recorded by a court reporter who 
will furnish the Commission with a full transcript and hearing also was fully video recorded by 
Moezine Productions.   Portions of the testimony of  former Police Chief Horner 
may be seen and heard now at  http://www.runboard.com/bmoesnewsforum.f1.t13427  
A ruling on Horner is expected at the Commission's next
meeting at 1:30 p.m. on December 18th at the City Board of Health Building.
(Excellent coverage of Horner's appeal hearing was published by FRANK 
LEWIS and T. WAYNE ALLEN - Read PDT isues of 25 and 26 November 2008)

 

Re: Does anyone think......?????

Horner has long record of False affidavits, False 
Arrests And False Statements – He doesn’t 
deserve retirement money from us. 
He deserves to be in prison
 
Horner not only has lied to Judges to get
Warrants;  he has repeatedly asked  his 
Police Officers to commit perjury.
  
The article below was written by
Austin Leedom on Thursday, May 25, 2007. - -
  Police Chief Charles Horner to face jury trial 
in Common Pleas Court on Tuesday, May 29, 2007 for 
wrongful action against Officer Steven Nagel.
 
In 2003 Patrolman Nagel refused to obey an 
order by Chief Horner to bear false witness 
against New Boston Police Sergeant Matt Powell. 
Nagel was fired. 
 
Only a few weeks ago Chief Horner lost another 
suit charging him with violation of civil rights 
against a young lady.   (Sheriff Marty Donini was
also a losing defendant in this case.)
      This cost the City of Portsmouth $5,000 to 
pay off the deductible amount that the 
insurance company would not pay.
    Will Horner again make a plea for a 
settlement to avoid having to testify 
publicly under oath?  
Full more details on this lawsuit 
Go to http://www.sciotocountycpcourt.org 
Then go to search, type in Charles Horner's 
name and see list of suits he has been involved 
in our Scioto County Courts.   
Charles Horner also was judged as a liar in Federal Court 
By United States Federal Judge Herman J. Weber in 
 a ruling dated August 30, 2001 in another case that

involved giving false information to a local judge to

 

obtain a search warrant.  (the Johnie Ruby Case.)

 

Posted on Sunday, November 23, 2008 by Austin Leedom.

 

 



  Horner continues to play fast and loose with the rules.

Today he attended a lunch meeting with State Fire Marshall Hobbs

 and five other uniformed men. Horner was dressed for work in his

standard Blues Brothers black suit. Horner appeared to be appealing

to Officer Hobbs for assistance in an investigation, to which Hobbs

appeared to agree.
     Inquiry at the offices of the mayor, auditor and police department

revealed that Horner is still on administrative leave. There was some

suggestion in answer to these inquiries that Horner may have applied

for sick leave, aka, Family Medical Leave.
        It is unclear why Horner continues to meet with law enforcement

officials, conduct law enforcement business, and have such an

intense interest in the what the arson investigators are doing.
      Horner has been told to stand down by the city mayor. He is not to

be acting in a law enforcement capacity while he is on administrative

leave pending investigation of allegations against him. Allegations

are thought to include lying to get a warrant, and intimidation of a

public official.
  As usual, Horner is playing fast and loose with the rules.

Wally Leedom August 12 2008

 

Copied from Moe’s Forum Tuesday, August 12, 2008 by Austin Leedom at 2:02 P. M

MORE HARASSMENT OF LEE SCOTT BY CHIEF HORNER

Portsmouth Daily Times (PDT) Reporters RYAN SCOTT OTTNEY

and T.W. ALLEN were witnesses to an oppressive act, a flagrant

violation of constitutional rights, under color of law, against a citizen

of Portsmouth by Chief of Police Charles Horner

(and Mayor James Kalb) on Market Street near Fourth Street. 

 At about 4:00 p.m. a new vehicle that had been operated earlier in

the day by Lee Scott was legally parked on the west side of Market Street. 

Mr. Scott had parked the vehicle earlier in the day and gone to an auction

at the Elks City Hall where he had purchased an automobile.  Mr. Scott

then drove the purchased vehicle to the West Side and was

returned to Market Street by another driver.  According to Lee Scott two

plain-clothes detectives came up to him as he approached the new vehicle

and told him they wanted to search the vehicle; he refused to allow them

to search the vehicle without a search warrant; Lee Scott did not

own this vehicle.

The officers apparently went after a warrant.   The Police Chief

and Fire Chief Bill Raison and other officials, including Mayor Jim Kalb

gathered on the west side of the street while about twelve or more interested

citizens, including residents living on both sides of the street waited on the

east side of  Market Street.  During the wait, Mayor Kalb left.  

 

PDT reporters arrived, took photos, talked with city officials and others,

and left before the vehicle was seized.   At about 6:40 p.m. Detectives

Jim Charles and Lynn Brewer arrived on the scene with a search warrant

and spoke with Attorney Christine Scott and were given the keys to the

vehicle they wanted to search by the owner of the vehicle, John Scott.  

The attorney demanded a copy of the search warrant and Detective

Lt. Lynn Brewer, after a brief hesitation, provided the attorney with a

copy of the search warrant that listed police were to search for illegal

drugs, records of drug sales, weapons, and anything illegal.  

Then, a TST Wrecker operator drove the suspect vehicle onto a rollback wrecker and took it away.

Chief Horner had the warrant and officers to make the search on the scene

with citizens, (many with video cameras) watching the search and seizure

of anything illegal.  The vehicle on the wrecker was carried away shortly

before 8:00 p.m.

By 9:00 p.m. it was reported on Moe’s Forum that the vehicle had been

released from seizure and Mr. Scott was not to be charged any wrecker fee. 

Nothing illegal had been found by Horner’s agents, no charges were to be filed.

It was also reported on Moe’s Forum that the Scott vehicle had been damaged

while in police custody.

 As reporters for the Portsmouth Daily Times Ryan Scott Ottney and

T. W Allen may be well aware of other harassments by Chief Horner

against Lee Scott and his family.  These reporters had been on the scene,

they took photos and incident was closed at 9:00 p.m.,

nothing was published in the Daily Times on Thursday, May 15,  2008. 

Hopefully, the Times will not ignore this important incident. 

Written by Austin Leedom on Friday, May 16, 2008

 

 

 

 

 

 

 

 

 

HORNER, CHARLES

D

SADLER, SHANE

05/02/00

00CIH00073

HORNER, CHARLES

D

NAGEL, STEVEN

10/20/03

03CIC00081

HORNER, CHARLES

D

STOREY, TIMOTHY J

07/15/03

03CIH00170

HORNER, CHARLES

D

CITY OF PORTSMOUTH OHIO

03/18/05

05CIH00128

HORNER, CHARLES

P

BLANKENSHIP, TERESA

04/21/05

05CA003001

HORNER, CHARLES

D

U S BANK N.A

11/29/06

06CIE00308

HORNER, CHARLES

D

SCOTT, EDWARD L

05/19/08

08CIH00236

HORNER, CHARLES H

P

CITY OF PORTSMOUTH

01/05/01

01CIH00003

HORNER, CHARLES H

D

POWELL, MATTHEW (SGT)

05/30/03

03CIH00142

HORNER, CHARLES H

P

KELLER, JEFFREY P

10/10/97

97CIH00187

HORNER, CHARLES H

D

WELTON, JOHN D (SR)

09/24/03

03CIH00226

HORNER, CHARLES H

P

NAGEL, STEVEN E

 

Charles Horner has been relieved  of duty as police chief  and placed on administrative leave pending investigation  after second set of civil/criminal charges of abuse filed against Horner this week.  David Thoroughman,  veteran police Captain, appointed Acting Chief,  according to Mayor Jim Kalb. - 5/23 2008  Posted at 6:10 p.m. by Austin Leedom

 

THERE IS HOPE FOR PORTSMOUTH-Federal aid may be on the way.

http://www.washingtonpost.com/wp-dyn/content/article/2006/12/06/AR2006120601820.html

 

Local newspaper accused of lying to readers.

Portsmouth Police Chief Charles Horner’s attempt to

have man lie for him revealed by Lee Scott. 

 

An article about the Columbia Music Hall written by Portsmouth Daily Times (PDT) Reporter

T. W. Allen appeared in the PDT on pages 1A and 5A on Tuesday, April 22.

Also an article by Reporter Allen concerning the Columbia Music Hall appeared on Page 5A on

Wednesday, April 23, 2008.

 

LEE SCOTT ANSWERS the Portsmouth Daily Times,   The writings below appeared in Moe’s News Forum

on April 22, 23, 2008.

 

PDT's Columbia Story vs Truth



Today I read with anger and resentment the lies told in the PDT about the Columbia.

First, let me assure you that nobody has ever talked to the owners about this story,

not the PDT nor the so-called design and review board.

The city was given the opportunity to accept the Columbia property last Monday.

They did not. The city has one last opportunity to accept it at council on the 28th.

We have offered 70k to assist with her rebuilding.

The PDT said we were demolishing due to the extreme cost to rebuild -----another lie.

We are not rebuilding for the reason of continued harassment from your chief

Chuckie Horner. I will not have my children abused under colour of law falsely again

nor will I continue to fight tickets that even when I win....they are carried to another

judge and re-filed. I am tired of being called and threatened by this maniac and tired

of being threatened by others and have to deal with it myself due to the likes of Horner.

Horner told me I had to lie about his assisting with the Bauer recall and when I

refused the man went berserk and this has happened ever since.

This is the gospel truth.

If you want the Columbia rebuilt...be at Council the 28th. It is SUPPOSE to be on the

docket. There are many grants available to the city to rebuild her awesomely should

they so desire.

Let your Mayor/Councilperson know how you feel about their chief. Corruption is

the weakest link in a chain and when that link is the first one. No integrity/honour  

(By Lee Scott on April 22, 2008)

 

 

Re: PDT's Columbia Story vs Truth


Today’s story told most of the truth. Only difference is, they blamed the city for

continued harassment and as we all know, it is only the rogue chief of police.
Most any policeman will say, "don’t shoot me, I am only the messenger" or

"hey, he is my boss".
They are right and mostly good men who will do the right thing when in court.

Most are like me and would not let him force them to lie (perjury = 5).

Written by Lee (23 April 2008.)

Comments on Moe’s Forum http://www.runboard.com/bmoesnewsforum.f1.t12514

 

By:  Wally Leedom   June 5, 2008

 

 Temporary Police Chief David Thoroughman is named in an investigation concerning the sale of Portsmouth Police Department property. 

The sale of a 2000 Cadillac Escalade, by Thoroughman, appears to be suspicious in nature.

 

  The Cadillac was seized in February 2004 from notorious drug offender, Nin Sang.  Sang has been charged four times and imprisoned twice on drug charges in Scioto County.

 

   A Common Pleas Court Judge order on April 26, 2004 that “The 2000 Cadillac Escalade seized is to be forfeited & the title is to be transferred to the Portsmouth Police Department.”

 

  The Portsmouth Police Department first titled the Cadillac on May 5th 2004. The Cadillac quickly became Portsmouth Police Chief Charles Horner’s personal police car.   They applied for a duplicate title on January 31st 2005.

 

  On June 20th 2005 an auction of City of Portsmouth property was held.  The 2000 Cadillac Escalade was not offered for auction.  Documents pertaining to the auction indicate that the total proceeds of the auction were $22,583.80.  Of this amount the Drug Task Force received $9,750.05. 

The $9,750.05 was placed in city revenue number 225.4650, entitled “Law Enforcement Trust.”  The police department received $968.40. The remaining money was distributed to other city departments.

 

  There was no auction of city property in the year 2006, according to City Auditor Trent Williams.  Again, the Cadillac Escalade was not sold at auction.

 

  The title to the Escalade next changed hands on January 10th 2007.  Captain David Thoroughman, acting as an agent for the City of Portsmouth, signed away the title, Valerie Mae Pinson notarized the signature.    The purchase price for the Cadillac was $6,600.00.  

James H. Rapp II took possession of the title on January 12th 2007.  

 (James Rapp II, the man that bought the Cadillac, is a fourth generation farmer.  He was honored

in 2007 with a banquet at Southern Ohio Growth Partnership Headquarters and given an award for

Farmer Of The Year.  Mike Gampp, Chamber of Commerce Chairman of the Board, made the presentation. 

Mr. Rapp is a third generation recipient of this award.)

 

  A records search completed by employees of the Portsmouth City

Auditors Office failed to turn up any record of the $6,600 that was

paid for the Cadillac.  The money was not turned into the Auditor’s office, according to Auditor Trent Williams.

  

  In contrast to the manner in which the Cadillac was sold, a city

property auction was held in August 2007, just seven months later.

Records from the public auction of city property held on

August 20th 2007 show that the Portsmouth Police Department

offered eleven vehicles for public bidding.. Vehicles and winning bids are: 

 

1996 Dodge                               $350.00

1998 Ford CV                           $550.00

1993 Chevrolet Caprice          $500.00

1992 Chevrolet Corsica          $650.00

1993 Ford Taurus                    $300.00

1999 Pontiac Bonneville       $1,800.00

1998 Ford CV                           $400.00

1999 Ford CV                           $500.00

1999 Ford CV                           $500.00

1999 Ford Taurus                    $650.00

1993 CV                                    $450.00

 

  Municipal Court put two vehicles up for auction, Groundskeeping

also had two, the Health Department one, Streets had three,

Filtration one, Meters two and Sewers put two vehicles to auction.

  2007 City Auction proceeds of $33,538.00 were deposited as follows:

 

Rev No.                                                 Total Received

 

101.4650     General Fund 101                 $14,636.90

231.4650     Streets Fund 231                   $  8523.98

604.4650     Water Works Fund 604        $  3,447.23

621.4650     Water Works Fund 621        $  6,929.89

 

Total                                                           $33,538.00

 

  The proceeds from the sale of the auctioned city and police department

vehicles went into the city treasury.   Records for the 2008 public city

property auction will be available soon in the City Auditors office.

 

  Ohio Revised Code Chapter 721 outlines the legal procedure for the sale of public property.  At all times in property valued above $1,000.00 it advocates the publication of the sale and bidding process for at least two and as much as four weeks.  It further directs that the property be put to public bid.

 

  Captain Thoroughman’s sale of the Chief’s personal police car

and the subsequent lack of accountability with the money,

appears to be suspicious, on the face of it.  www      Wally Leedom 

 

DOuG DEEPE RETURNS:  From the 2003 Archives the ShawneeSentinel

brings you this timely article written by the intrepid InvestigativeReporter Dougeepe

 

CITY OF PORTSMOUTH, POLICE CHIEF CHARLES

HORNER AND OFFICER TODD BRYANT FORCED

TO SETTLE CIVIL LAWSUIT WITH LOCAL COUPLE

FOR ACTIONS IN DRUG TASK FORCE CASE

 

Federal Judge strips Chief Horner and Officer

Bryant of all  immunity and ruled City of Portsmouth

 could be liable under federal law for illegal and

 unconstitutional activities.”

ONCE AGAIN, WHERE WAS TASK FORCE 

ATTORNEY RICK BROWN? Will Horner and Bryant

be prosecuted?   Remember, Chief Horner stated in the

Portsmouth Daily Times on Friday, May 16th 2003 concerning

Sgt. Matt Powell’s attempt to serve felony warrant that,

“I believe that the course of conduct

about to be taken was likely to be illegal or unconstitutional.” 

Was this a slip of the tongue by Chief Horner talking about his

own police activities?  A United States Federal Judge in Cincinnati,

Ohio ruled that Chief Horner, Officer Todd Bryant and the

Scioto County Drug Task Force used illegal and unconstitutional

means in their law enforcement activities.

 

Within the last two weeks, the insurance company for the

City of Portsmouth and the Portsmouth Police Department

settled a federal lawsuit filed by a local couple claiming that

Drug Task Forces Officers, Chief Charles Horner,

(then Lt. Horner), and Officer Todd Bryant, made false

statements against them in an affidavit presented to a

local judge that was used in obtaining search warrants for

the couples business and residence. 

 

On May 17, 2000, Attorney James Banks, of Dublin, Ohio,

filed a federal civil lawsuit on behalf of a West Portsmouth

couple, Johnie and Nina Ruby.  Banks claimed that Lt. Horner

and Officer Bryant used false information against his clients

in obtaining a search warrant for their home and residence,

after Robert Ruby had been arrested for possession of illegal

drugs on November 6, 1998.

The Ruby’s were the former owners of the Bar-B-Q Restaurant

on St. Route 125.

 

The search of the Bar-B-Q Restaurant and residence eventually

led to the arrest of a Robert Ruby not Johnie and Nina Ruby,

the actual owners of the restaurant and residence.

The lawsuit claims that Lt. Horner and Officer Bryant used

anonymous information that was not credible in the affidavit. 

Lt. Horner, Officer Bryant and the City of Portsmouth all

sought immunity from prosecution; claiming they were

immune from civil liabilities because all their actions were

based on “good faith”.

 

United States Federal Judge Herman J. Weber disagreed. 

Judge Weber wrote in a ruling dated August 30, 2001 as follows:

 “The Court finds it significant that none of the information in

the affidavit to have come from a confidential informant whom

the officers have alleged has been a reliable source in the past. 

Most of the information connecting Robert Ruby to the

Bar-B-Q Pit restaurant is provided to the officers by anonymous

callers.  For such information to support a finding of probable

cause the anonymous tips must be very specific in detail and

must be corroborated by subsequent thorough police investigation. 

In the case at bar, the officers, (HORNER AND BRYANT),

did not provide any evidence to the reviewing magistrate or to

this Court that any of their anonymous callers were reliable or

that the police’s independent thorough investigation confirmed

the allegations of these anonymous callers.”  

 

The Sentinel has been informed that no calls were in fact ever

made to the Drug Task Force about this matter.  Horner and

Bryant were unable to produce telephone records, log book

 records or any other information to verify the authenticity of

the anonymous calls.  The calls were never made.  It was all

a big lie by Horner and Bryant and they got caught by a

United States Federal Judge.

This means that Horner and Bryant lied to a local judge in

obtaining the search warrant.  Will these men be charged

criminally after this revelation by a United States Federal Judge?

 

Bank’s claimed in his lawsuit for the Ruby’s that Lt. Horner

and Officer Bryant acted with malice, and other illegal conduct,

therefore, there should be no immunity for either officer. 

Bank’s claimed that malice was proven by the following acts

committed by Lt. Horner and Officer Bryant: (This is just a

few of the illegal acts claimed in the lawsuit.)

 

Horner and Bryant instructed the Ruby’s alarm company

to not contact the Ruby’s about the search of their residence

and business. 

On or about November 6, 1998, Horner, Bryant and other

officers arrived at the Bar-B-Q Restaurant and pried the Ruby’s

safe from the floor, broke into it and destroyed property.

 

No copy of any warrant or inventory of property seized

pursuant to the warrant was left after the search was completed

by either Horner or Bryant.

 

 Horner and Bryant took cash from the premises and other assets.

Horner and Bryant took checkbooks used in the operation of

the Bar-B-Q Restaurant and other items and refused to return

them until after legal counsel forced the return of the property

to the Ruby’s.

 

Judge Weber concluded, “Viewing the evidence in the light

most favorable to the non moving party, the Court finds that

 the parties, (Ruby’s), the Court finds that the parties, (Ruby’s)

 have raised genuine issues of material facts as to whether the

individual officers, (Horner and Bryant), acted with ‘malice,

 in bad faith, or in a wanton or reckless manner’.  In accordance

with the foregoing, defendant’s Todd Bryant and Charles Horner

are not entitled to qualified, absolute or statutory immunity. 

The City of Portsmouth is only entitled to statutory immunity for

state claims, but not for federal claims.  The case will proceed

to trial.”

 

After this ruling, this decision was appealed to the United States

Sixth Circuit Court of Appeals and Horner and Bryant lost and

the Judges decision concerning immunity was upheld. 

The City of Portsmouth’s insurance company began to try to

settle the case after the Appeals Court ruling.  It was settled in

the last few weeks and obviously never intended to be

disclosed to the public. 

IS THIS ANOTHER REASON THE SCIOTO COUNTY

DRUG TASK FORCE DISBANDED???

 

So, where was Scioto County Drug Task Force Attorney Rick

Brown?  Did he review the affidavits filed by Bryant and Horner? 

Is he the one that prepared the affidavit?  Is this another example

of the incompetence of Attorney Rick Brown?

 

Why did the City of Portsmouth settle a case in which

Chief Horner and Officer Bryant were facing paying part

of the damages personally?  Who made the decision to settle

this case, Attorney Rick Brown, Portsmouth Solicitor David

Kuhn, or Mayor Bauer? 

 

Finally, why did Mayor Bauer appoint Chief Horner as acting

Portsmouth City Police Chief, when he was aware that a federal

judge had ruled that Chief Horner acted with malice, in bad faith,

or in a wanton or reckless manner? 

Remember, this is not the first time Chief Horner has violated civil

rights of citizens in Portsmouth and New Boston.  Chief Horner

was the individual that kicked down the front door of a

Harrisonville elderly couple and helped throw them to the floor in the early 1990’s; the elderly man died later.  Chief Horner conducted this raid

during what he termed, “the more intimate and sacred time”, quoted in The Portsmouth Daily Times on  May 16th 2003. 

 

Remember, Horner kicked down the wrong door,

on the wrong house!!!

 
Trent Williams

Abusive, rogue Cop suspected of mis-appropriations of seized property in drug raids and known to commit perjury in filing charges against citizens.

“Law enforcement is granted their powers by we the people.  We do not get our rights from them.” 

Hanson, Buckeye Firearms Association- Page A4, Col 6,Columbus Dispatch, Thursday, May 22, 2008

http://www.huntingtonnews.net/local/080524-rutherford-localportsmouthchief.html  Horner under suspenseion 27May08

http://com2.runboard.com/bccgforum.f1.t995   Horner

"A Comedy of Terrors"  Written on Monday, March 19, 2007 By Dr. Robert Forrey

http://rivervices.blogspot.com/ posted on Sentinel by Austin Leedom

keystonecops
Drug Busters in Action

Back in 1992, the Daily Times ran a story on a botched drug bust at the home of an elderly couple, Mary and Joe Warren, 68 and 73 years old, of 1805 Harrisonville Ave., in Portsmouth. Reporter Jennifer Moorhead did so good a job of reporting telling details that we can relive the experience fifteen years later. Perhaps that’s because the more things change in Portsmouth, the more they stay the same. What happened fifteen years ago, could have happened yesterday or could happen tomorrow. Austin Leedom has done a public service by reproducing that story in the online Shawnee Sentinel.

If Deputy Sheriff Barney Fife, Inspector Clouzot, Inspector Lastrade, and Maxwell Smart had been involved in the botched bust, it could not have been more half-assed.

First of all, the Warrens were not only elderly, they were god-fearing, patriotic Americans living in a small neat house behind a white picket fence. They had just returned from a meeting at their church – there were and still are two churches almost directly across the street. Mrs. Warren was perhaps a little apprehensive when she locked the front door when they came home from church, because earlier that evening, around 8 PM, she had noticed a man in a car across the street looking through binoculars. Who was that in the car? Barney Fife, Inspector Clouzot, or perhaps Sergeant Horner himself?

Mrs. Warren later learned that Horner and others had been staking out the house for several days. Which house? Hers or the real drug house a couple of doors down?

Who knows? I’m not even sure the Emergency Response Team knew. I don’t know if there were miniature American flags flying on the fence in front of the Warrens neat, small house, but there are now. It is not likely flags would have stopped the Emergency Response Team from mistaking the Warrens’ house for a drug house anyway. Horner and his team had already obtained a search warrant for 1721 Harrisonville Ave., but the address of the Warrens’ house is 1805. Those numbers, 1805, are displayed prominently above the mail box, just next to the front door of the Warrens’ house. If Horner and his men had a warrant for 1721 Harrisonville Ave., and the prominently displayed 1805 numbers on the Warrens’ house did not stop them from breaking in the door, it is not likely flags on the fence would have given them pause.

Warrenhouse
Sergeant Horner didn't sleep here

The arthritic Joe Warren, who walked with a cane, was in the bedroom. His wife Mary had come out to get his medication. It was while she was in the living room that she heard someone on the other side of the door shout, “We’re coming in!” Whoever he was, he began breaking the door in. Mary rushed to the phone. She knew she would not have time to call the seven numbers of the police department, never dreaming that it was the police who were breaking in her door. She dialed the operator instead, but before she could complete the call, the three members of the ERT were inside and demanding that she drop the phone. They were in plain clothes, or so it was reported, so she had no way of knowing who they were. The ERT team continued to act as if they were dealing with some low-life drug-dealing couple when what they were doing was frightening to death a couple who had a combined age of 141 years. In an effort to protect his wife from the intruders, Joe Warren came out of the bedroom swinging his cane. One of the men twisted Joe’s arm behind his back and forced him face down on the living room sofa. According to the Daily Times story, Mrs. Warren “begged them not to hurt her husband and kept telling them they had the wrong house.” Finally, it dawned on them. It was the wrong house! Maybe somebody went out and looked at the number 1805 next to the door. Mrs. Warren said the commotion ceased only when “they finally realized they had the wrong house.”

Sergeant Horner was supposed to be in charge of this bust. Where was he? His explanation of the mix-up only adds to the Keystone Cops character of the caper. Apologetically, he later explained to Mrs. Warren how the thing got botched. “They were told to go one house past Little Nick’s,” a small eatery on the other side of the street. The Daily Times reported that “Horner had been part of the stake out, which lasted more than two days, and while doing this he was to the north of the house.” Ah, Horner was to the north of the house. Now, we’re getting somewhere. But when the drug raid took place, “they came from the opposite direction,” Sergeant Horner explained. You see, “They” were at fault. They came from the opposite direction. Who told them to come from the opposite direction? Who told them to go one house past Little Nick’s?

Who gave them such hare-brained directions in the first place? Was it Maxwell Smart, Inspector Clouzot, or was it the guy in the car, the one with the binoculars?

Was it Sergeant Horner?

Obviously worried that the couple would sue the city’s ass off, and that he might lose his job,

Sergeant Horner was practically on his knees. As the Daily Times reporter put it,

“apologies flooded their household.” The old couple almost drowned in Sergeant

Horner’s solicitude. He stayed for at least an hour, sweeping the floor and nailing back

the door frame, as if he were auditioning for a spot on This Old House. He even offered

to stay the night, as if he were a Rent-A-Cop or a live-in-maid. “What would you like

for breakfast, Mrs. Warren? Eggs? Oatmeal? How about breakfast in bed, Joe?”

Where would Sergeant Horner have slept if he did stay over? On the floor?

Or on the couch they had pinned Mr. Warren down on. Imagine Sergeant Horner’s

call to his own house if he did stay over. “Hello, Dear. I won’t be home tonight.

I’ll be staying over at the Warrens. Who are they? Well, we just broke into their house

by mistake. I just thought I’d sleep over to comfort them.” Mrs. Warren politely

declined Sergeant Horner’s kind offer. “No, Sergeant, thank you. It’s been rather a hectic

day and Joe and I would like to hit the hay. It’s way past our bedtime.”

As it was, Mrs. Warren didn’t get to sleep until 3 AM “because she kept hearing the

sound of the glass and men breaking into her home,” to quote the Daily Times.

Would it have comforted Mrs. Warren to know that the man responsible for this

trauma was sleeping out on her couch? I don’t think so. However little sleep Horner may have gotten, he was back in the morning. Mrs. Warren told the Daily Times, he “returned again Thursday morning to ask forgiveness.” The Warrens were good Christians, but they were also human. They explained to the Daily Times that they could forgive, but they could never forget.

Horner told the Daily Times that he took “sole responsibility” for the mix-up, but he took responsibility the way Attorney General Gonzales is taking sole responsibility in Washington for firing those regional attorney generals, by implying it was somebody else’s fault. Yes, mistakes were made, but Sergeant Horner implied it was somebody else who made the mistakes, somebody who couldn’t follow directions. “One house past Little Nick’s!” What could be simpler than that, even if Little Nick’s is on the other side of the street and even if he failed to point out which direction on the other side of Little Nick’s the drug house was. Those were the days before MapQuest, so Sergeant Horner and the Emergency Response Team were operating under the technological limitations of the time. Sure, anyone now can easily print out directions so clear that even present Mayor Kalb would be able to get from the Portsmouth Police Station, or wherever the team started out from, to 1721 Harrisonville Ave. With MapQuest, Sergeant Horner would not have had to use Little Nick’s as a landmark, or to be concerned about which way was north and which south.

MapQuest to the Rescue

mapscan

Sergeant Horner defended himself by saying it was the result of “plain human error.” Plain human error? A cynic might protest, “Nay, nay, Sergeant Horner! This was no plain human error. These were errors worthy of a Shakespeare comedy, like The Comedy of Errors.

If one of the Warrens had died of a heart attack, it would have been a tragedy. As it was, they suffered from post-traumatic stress for a time but they got relief from the crack staff at Scioto Memorial Hospital.

The story, as is true of comedies generally, has a happy ending. I’ve been told that the Warrens got more than just $350 to replace their door, and while Sergeant Horner got a letter of reprimand placed in his file, he went on the become Chief of Police and Mayor Kalb’s brain. There was a trying period before that, however, when it was rumored that Mayor Bauer was about to fire Chief Horner for incompetence, but the Chief blew the whistle on Bauer’s alleged violations of the law in the Marting’s deal and Bauer was history.

With all the high tech equipment and expensive fleet of high powered vehicles acquired by the police department in the wake of 9/11, Chief Horner is focusing on a group of “domestic terrorists,” posing as senior citizens with poor vision and hearing, carrying canes and portable oxygen supplies, and who are resorting to a weapon of mass distraction, the computer, to write blogs that are slandering the upright leaders of the community.

“They are trying to pull a Warren on me,” the Chief is rumored to have said, meaning these alleged senior citizens are trying to act as if they are the victims of his incompetence and crazy ambition, as the Warrens of Harrisonville Ave. were on that December night in 1992.

Chief Horner has already blown the whistle on the one member of the city council who stands in his way, Bob Mollette, aiming to get rid of him as he got rid of Mayor Bauer.

Writing of Shakespeare’s The Comedy of Errors, a critic pointed out that before the comic resolution of the end can occur, “violence and disorder . . . rise to a pitch that is both funny and frightening.” The sound of breaking glass and police breaking into homes. Both funny and frightening. That is something to keep in mind as our local comedy of terrors continues to unfold.

Rogue cop Chief Charles Horner causes Portsmouth state-wide

notoriety and disgrace-

Seven page report on internal investigation into

Chief Horner's  abuses and crimes by two highly

respected former federal investigative officers.

CLICK HERE FOR PDF COPY OF THE INTERNAL ADMINISTRATIVE INVESTIGATIVE REPORT

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