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The police changed the facts and narrative in my report

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Q333

Member
What is the name of your state (only U.S. law)? NY

I work as a babysitter (among other jobs) and have over 30 years experience. I was working through an agency Labor Day weekend and found myself working for a family with "problem children". The second time I was there, one of the children hit me in front of the mother and she acted like this was normal behavior. After the parents left, I told the agency I would not return to this home because the children were dangerous and uncontrollable. About 2 hours in, after numerous things happened, the boy hit me in the face and scratched my eye, grabbed my glasses and tried to break them. I put them in their room, called both parents (who had turned off their phones), left a message for the father to please come home and notified my agency of what happened. 15 minutes later the Mother texted me and asked if everything was OK (not a normal thing, really), and I asked if she heard the message I left. She said no, I told her that the boy had hurt me and that they needed to come home. The Mother sent texts as they were returning which state,"Ok, we'll be there in 15 minutes", etc. A few minutes later a police car (first of 3) came roaring up the driveway. I was standing in the doorway holding an ice pack to my eye. The Sergeant jumped out of the car like a Pit Bull on bath salts, shined a spotlight at me and yelled for me to show him my hands. He then asked where the children were, I took him into their bedroom, he continued to yell at me and told me not to leave. He told me I wasn't injured and that I was faking it. The second officer arrived who was calm and objective and took all of the information. I told her the series of events and showed her my eye. The parents arrived and the mother was screaming that I was mentally unstable, etc. A third officer was stationed to protect me from her.

I was detained for an hour and a half at the house. During this time, my Manager sent texts and we talked by phone; she was crying hysterically that this woman said she was going to sue the agency and was making outrageous allegations against me. I asked the police what was going on and all I was told was that she said I had abandoned the children among other things. Obviously, they all knew upon arrival that this wasn't true. They read the text messages and listened to the voicemail I left. Eventually the Sergeant came out and apologized in front of the other 2 officers, told me I did nothing wrong, said that everything I said checked out and that he would be writing a lengthy report exonerating me of all claims she made (at that point I did not know what they were). The woman continued to call the agency during this time demanding I be fired and continued to do so after she was told to stop by the sergeant. The sergeant eventually talked to my manager and told her that the couple had no grounds to sue. My manager said I needed to get the police report for the owner of the agency.

(The sobriety of this couple was never questioned and should have been). To sum it up, this woman tried to get me arrested and fired for making them come home from a party.

The next day my eye was obviously injured. I was concerned that the Pit Bull hadn't believed me so I went to the police station to have it documented. A different Sargeant came out with the report in hand, asked me "what in the hell kind of **** storm happenned at this house??" and told me he didn't need to document the injury as it was stated in the report. He then proceeded to read me the lengthy report; all of the events were stated with the findings that I didn't do anything. But, it was pretty ugly; the woman apparently stated I beat the children and that an investigation found no marks. The police didn't even ask me if I hit them. The sergeant offered me his sympathies, asked me if my eye was OK and told me I could have a report for my agency as soon as it was ready.

3 weeks went by and I could not get the report. I spoke with the records clerk a few days in and we joked about what the report said but she said it could not be released until it was approved. My agency was asking for it daily. I called the female officer twice and she did not return my calls. Finally, I FOIL requested it because I needed to work. I was sent a redacted version with nothing but my name; the report could have been about anyone. Worst of all, the narrative had been completely changed. Bodily injury - removed, allegations of child abuse -removed. It went from a 1500 word report to 20 words. This report does nothing to protect me or my agency. I called the records clerk and told her I need the first report we had discussed for my agency. She said I could only have the approved copy.

At that point I started making calls. No police agency in the state has jurisdiction over the XXX Police. I was told to contact an elected official. I called the XXX and was given an administrative assistant who didn't want to hear any of it; she said she'd pass along my concerns to the Police Chief. Shortly thereafter,XX calls and leaves me a message that "Were not going to change the report for you and that this is all the information you get." I saved that message. I have contacted the XXX Board, the Mayor and the local paper, all with no response.

I found out who the Sergeant is who read me the report(I couldn't read it because of my eye) and went to talk to him today but he was busy. I will try again tomorrow. Whoever whitewashed that report clearly doesn't know that both of us saw the original version. I can't think of any ethical reason that the report was changed. I did nothing wrong and don't know what to do about this. I never wanted to sue anybody, I just want to work.


Advice please
 
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CdwJava

Senior Member
You may not have received the report at all. You may have received a summary or log entry and NOT a "report." NO police report is going to be only 20 words long. It is also unlikely that a case that may well be under investigation is going to be released through a public records request.

Absent a court order, you cannot force the police to provide you with the full report. Since it involves minors, that is a potential reason to withhold or - at least - redact a significant amount of it. Further, if the matter is still under investigation for one reason or another, it could be considered an investigative file and not subject to release.

Now, you or your agency can obtain legal counsel and see if they can pry the report loose from the police, but, absent an active civil or criminal case to allow for the issuance of a subpoena, you may have to wait until the matter is closed (or in court, for the subpoena) before you or the agency might obtain a copy.
 

Q333

Member
The case is not under any type of investigation.

The childrens name were never in the narrative of the report.

This is not a log entry or field report. it is a regular 2 page report. The first page has everything blacked out but my name. The second page says something like, Received call from parents claiming child abandonment. Found babysitter waiting on porch. Nothing further, no further action. End of narrative

The sergeant who showed me the original report told me I could have of copy of that report. If there was a reason I couldn't have it, he would have told me. The Pit Bull told me that he was going to write a lengthy report clearing me of all charges. I saw the report the next day in which he did just that. There would be no reason to tell me that, do it and then refuse to give me a copy when he knew she said she was coming after me for "beating her children". He apologized for the way he treated me at the scene but now neither officer will return my calls to explain why I couldn't get ANY report.

I have the voicemail from the Chief of Police saying, WE ARE NOT GOING TO CHANGE THE REPORT FOR YOU. If there was some reason I couldn't have the original, he should have said THIS IS THE VERSION YOU GET BECAUSE_____________ and WE REFUSED TO GIVE YOU A REPORT BECAUSE ___________ He either doesn't know of the first version or doesn't know I saw it.

Again, I was INJURED. You're telling me it would be OK for them to remove that from my version? I didn't press charges against a child. They asked me if I wanted to file charges against the Mother for making false statements to them and I said no. Pit Bull knew the Mother talked directly to my manager and I needed proof, to keep my job, that I didn't do whatever she claimed. She's the real problem here, not her kids.

This is not the first time the XXX Police have been accused of corruption, favoritism or abuse of power. We shouldn't have to constantly sue the police to get them to cooperate or be fair. It is the job of the police to protect and serve all.
 
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CdwJava

Senior Member
Then you are free to hire an attorney and seek to sue everyone you can if you believe the report was altered. It should not have been, but, strange things happen.

You do not know that anyone exerted influence in some way on anything. You are ASSUMING this. It would be shameful if they allowed themselves to be influenced in such a way, and hopefully the original officers on the call would step up to say what happened if they are called as witnesses in any court action no matter what any final report might say. I still think it is more likely that you have a summary or some form of log entry than the full report. A full report WOULD have the children's names, and, no, the sergeant may not know the records' release policies for the agency. If I had a nickel for every time one of my officers - or even another sergeant - told a member of the public they can come to the front counter and get a copy of the report, I'd have ... well, a lot of nickels!

So, IF court action comes about with either you being listed as a suspect or a defendant in a civil suit, you can seek a subpoena for any and all reports and can even depose the witnesses (the officers) as to what they saw, what they originally wrote, and what they told you. Until there is some court action, you cannot force them to do much of anything. As of right now, there is nothing more going on. If you are charged with a crime, or sued, or your employer is sued, then you (or your employer) may have greater leverage to seek information. Until then, you are sort of at the mercy of what they want to provide to you.
 

Q333

Member
I just came from the police station where I spoke with the Sergeant who showed me the original report. I would describe him as defensive and the conversation just kept going in circles with him saying that he didn't have anything to do with the report and didn't know it was changed. Finally I got him to admit that:

1. He remembered me and the the details of the first report that he read to me.

2. No, it is not standard to hold ( for 3 weeks) and/or refuse to release a report on a closed investigation (to the accused)

3. Yes, he remembered that I was injured and had no idea why that would be removed from the report

4. That he would admit, when questioned, that we both saw a vastly different version of the report.

5. That Pit Bull would most likely be the one who changed the report and should have returned my calls questioning why he did it.

6. Yes, that was a police report and not a log etc as suggested above.

I stopped short of suggesting corruption but I could see the wheels spinning in his head.

So, if he is willing to tell the truth and not stand behind the Blue Wall of Silence, Pit Bull is going to have to answer to someone about his motivation to change the report.
 
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quincy

Senior Member
Q333, following is a link to a paper written in 2004 for the Criminal Justice Institute, School of Law Enforcement Supervision, on Police Reporting (what a report needs to include, and why). Whether you find this helpful or not is a question mark, but I found it interesting.

http://www.cji.edu/site/assets/files/1921/police_reporting.pdf

One note on your previous posts: It is important to remember that this is a public website. What is written on this site can show up on an internet search. Please do not include in your posts the real names of people or places. This is for your protection as well as theirs. Thanks.
 

Q333

Member
Yes, thanks. I didn't use the names of the Officers involved but understand why the name of the Department was removed.

Oh, I'm sure Pit Bull on Bath Salts knows how to write a police report. He did a great job the first time. Each accusation she made to my boss was listed along with the outcome as unfounded. What he isn't going to be able to explain is while he took that all out along with my injury. He knew my Employer needed to see that.
 

Q333

Member
I don't agree with removing that i stated that these people were millionaires, possibly billionaires. Motive established.
 

CdwJava

Senior Member
Again, no one is going to have to answer for anything if there is no court case. If you are not a defendant in a criminal action or a civil suit, or a plaintiff in a suit, you will have no grounds to compel either testimony or the release of documents.

If someone modified an already submitted report, that's bad. Very bad. I don't know the laws in your state, or the agency involved, but I would hope that the individual members of the agency would have more integrity than that. It is also exceedingly difficult to conceal an incident or re-write a report of an incident that was witnessed by multiple officers because that means there are too many people to try and keep silent. So, it's either as I suggested and not the complete report, or, it is a very weak attempt to modify the report for reasons that escape me.

Reports are not supposed to be a record of what one party or the other wants recorded, only a record of the facts and events captured by the officer. Here is the standard as espoused by my state's Attorney General, and the summary that I use in my Report Writing course:

Police reports are used to record facts into a permanent record, to provide coordination of follow-up activities and investigative leads, and to provide a basis for prosecution. In addition, they are used by the defense for impeachment and provide a source for officer evaluation, statistical data and reference material.

Characteristics of a good report include accuracy, conciseness, completeness, clarity, legibility and objectivity. Words should be accurately spelled and the text should be grammatically correct.

Questions that should be answered in a complete report are: Who, What, When, Where, Why, and How?

Note that they are not expected to be a complete and detailed record of the minutiae of events, only a concise record of events. Since witness statements contained in a report are hearsay, the specific details of the statement are not always necessary nor desired. Superfluous detail can muddle the meaning or mislead the reader (i.e. a prosecutor or reviewer). If a party to a legal action wants the details of the statement, they will have to subpoena the witness to the stand or depose him or her prior to court.

A good report may not include detailed statements, and may only include broad generalizations of a statement rather than details. The details do vary. And whether you agree with their removing your statement that the family was composed of millionaires or billionaires was appropriate or not does not matter. If it was irrelevant to the facts or motive for the incident at hand, then it is superfluous and likely not necessary. But, if you go to court, you can certainly testify to that ... and likely have the statement objected to, but that's another issue.

If you feel you are going to be charged or sued as a result of this incident, you need to consult legal counsel ASAP.
 

Q333

Member
"It is also exceedingly difficult to conceal an incident or re-write a report of an incident that was witnessed by multiple officers because that means there are too many people to try and keep silent."

I agreed if it was an ongoing case or he had reason to believe there would be litigation. He said he told her she had no grounds to sue us. He asked me if I wanted to press charges against her for what she said and did and I said no, I just want to go home and I don't ever want to see these people again. He thinks its a closed case. Pit Bull could not have imagined that this would blow up this way. He knew I couldn't do anything about the incomplete report he approved and released and at least 2 people saw the original. He assumed my injury wasn't serious, but what if it was? YOU CAN'T REMOVE BODILY INJURY FROM A REPORT. The issue here isn't about lawsuits or subpoenas or getting reports, it's about PIT BULL altering reports. I don't want the original report anymore, I want a corrupt cop investigated.


" it is a very weak attempt to modify the report for reasons that escape me." Doesn't escape me at all, it is hugely embarrassing and potentially damaging to the unpopular millionaire company owner (by birth) of, research shows, questionable competence. (They screamed GOOGLE ME! GOOGle ME! I OWN ______________!! when the police refused to arrest me. So I did.)
These people have enough money to pay off the entire department. And, I'll say it again, it would not be the first time this Dept has been investigated for corruption.

The Sergeant I spoke with today confirmed that we saw the original POLICE REPORT and confirmed that the current report is "significantly altered"
 

CdwJava

Senior Member
The other issue might be that if no one is pursuing criminal charges, that someone (for whatever reason - nefarious or otherwise) decided that a lengthy report for a non-crime was a moot point and they had them create a shorter one. That's not proper procedure at least in any state I am aware of, but, if the report had not been approved and filed, it may not be unlawful even if peculiar.

Ultimately, what do you hope to accomplish here? If no one is suing or getting sued, or getting prosecuted, the matter would appear to be over.
 

Q333

Member
The report was already written and in the system the next day, in less than 24 hours. It was done, there was no reason whatsoever to go back and eviscerate it. Its not like the report was wrong from the start, ALL OF IT WAS THERE. Then he sat on it for 3 weeks and wouldn't let me have it when he knew I needed it for my job. Was he waiting for his check to clear/season passes to arrive/bribe to materialize??

How is it over? Someone in a position of authority needs to question his actions and motives. He cannot be allowed to continue doing this. I've reported it to several authorities, stating that another officer saw the original. If they choose not to investigate, then it'll be over. But at least the Police Chief will get a wake up call when the Sergeant I spoke to today tells him what the first report said and confirms that the second report was altered. If you were his Boss don't you think he'd owe you an explanation?
 

quincy

Senior Member
... Was he waiting for his check to clear/season passes to arrive/bribe to materialize??

How is it over? ...
If the type of statements you have been making in this thread are any indication of what you are saying publicly in your relatively-small village, you are probably correct that the matter will NOT be over. You are very likely to be sued for defamation. You will have to hope at that point that you are able to support all that you have said with good evidence of its truth.

Seriously, if you think something needs to be done about an officer you believe altered a police report for some nefarious reason, see an attorney in your area and discuss the matter with him.
 
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CdwJava

Senior Member
The report was already written and in the system the next day, in less than 24 hours. It was done, there was no reason whatsoever to go back and eviscerate it. Its not like the report was wrong from the start, ALL OF IT WAS THERE. Then he sat on it for 3 weeks and wouldn't let me have it when he knew I needed it for my job. Was he waiting for his check to clear/season passes to arrive/bribe to materialize??
It's no easy thing to simply erase and destroy a report. In fact, if THAT happened, it is very likely a crime. I'd be curious to know what their explanation is for this and whether both reports exist in the same file, or, not.

How is it over?
Are you being sued? Are you suing someone? Are you being prosecuted? If none of those events are occurring, then the matter is - from a legal perspective - over. You cannot force the police to look into the issue if they do not want to. You cannot force them to write another report, replace the second one with the first, or do anything at all. You cannot even force them to turn over any documents absent a court order. If you want to force them to turn over a report you will have to speak with an attorney to find out how much it might cost to sue the police department and proceed with a public records' request and hope that the report as you originally believe you saw it still exists or will be turned over to you.

Someone in a position of authority needs to question his actions and motives. He cannot be allowed to continue doing this. I've reported it to several authorities, stating that another officer saw the original. If they choose not to investigate, then it'll be over.
That's a personnel matter. You have to complain to the agency. But, as I mentioned, you cannot force them to do anything.

But at least the Police Chief will get a wake up call when the Sergeant I spoke to today tells him what the first report said and confirms that the second report was altered. If you were his Boss don't you think he'd owe you an explanation?
Out here there would be no such alteration after the first report was written and approved. At least, not if anyone wanted to keep their job. What might motivate someone to change a report over what is, essentially, not a huge matter is befuddling.
 

Q333

Member
If the type of statements you have been making in this thread are any indication of what you are saying publicly in your relatively-small village, you are probably correct that the matter will NOT be over. You are very likely to be sued for defamation. You will have to hope at that point that you are able to support all that you have said with good evidence of its truth.

Seriously, if you think something needs to be done about an officer you believe altered a police report for some nefarious reason, see an attorney in your area and discuss the matter with him.
Obviously, I haven't made that accusation in public. In my complaint I stated that I had proof that the report was changed but don't accuse anyone. Numerous people had access to that report. I'm not running around town blabbing about it. Not everyone on this board posting is a total idiot but thanks. You understand, don't you, that people come to this board for advice and also to vent?


I don't need a lawyer unless sort of legal action begins. He's just going to tell me to call Chief of Police (done) and file a complaint with the DA's office (done).
 
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