The City of Norwalk has been violating the constitutional rights of the and this page is to bring re
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I been patiently waiting for this for quite some time now. The Norwalk Police Department thought they had something and lost! Wait until you see the evidence that I have against the City of Norwalk and NPD. I'm not just addressing the constitutional violations but the malicious intent behind the act! Stay tuned!
The 34-year-old New Jersey man claims police charged him without probable cause and...
Today I filed my Federal Civil Suit against the City of Norwalk. From all the lies and misconduct that has been going on within the ranks of NPD, my intent is to bring as much as I can to light. Follow my story. The time is now!
After almost 4 years and countless push backs from the state I finally got my case dismissed after they realized there was no probable cause for prosecution. Norwalk Police Department and the State of CT violated my constitutional rights and now it's time to seek justice. To all my haters that insulted my intelligence and turned a blind eye to NPD's misconduct, your hard earned money will be invested nicely. To Raul Aldarondo, Edgar Gonzalez (now a criminal) and Jose Silva, I'll be stripping your police immunity in federal court.
I waited patiently, now the time has come. Stay tuned.
🚨BREAKING NEWS 🚨 JUST NEW! This is the same cop that violated my constitutional rights! Just wait more news to come regarding my case!
Finally got my FOI request fulfilled pertaining to my civilian complaint. Here you have the NPD trying to scrap for anything they can hold because they know they are going to get sued and lose!
They literally searched on webster to the define the word "F**k" with the attempt to fulfill the legal definition of obscene. Even with the legal definition of obscene as defined by law as being s*xual in nature to be offensive to someone who hears the language, they went further tried to justified the arrest by quoting the jury instruction on how to convict for the breach of peace.
The jury instruction for obscene as it relates to the Breach of Peace statute is as follows:
"To be obscene, language or gestures must, under contemporary community standards, be so grossly offensive to members of the public who actually overhear the language or who see the gesture, as to amount to a serious annoyance. It must be in a significant way erotic and must appeal to prurient interest in s*x or portray s*x in a patently offensive way."
Can anyone see where the phrase "too fu***ng easy" meets the s*xual nature as defined by law?
More importantly, funny how NPD is leaning towards the probable cause for the arrest and not conviction.
Stay tune for more info.
As promised, here is the response from the NPD Internal Affairs Investigator in regards to my FOI request. I had requested the complete findings report pertaining to my civilian complaint filed. In summary, I sent them a 30 page complaint that not only identified each of my allegations but also the supplemental facts to support my allegations. All i got was a one page letter from the chief telling me how i was wrong. In fact, not only the chief but the IA investigator keep leaning on the court's decision as the ground basis for their decision. They are not being impartial, transparent to the actions of their officers. The IA investigator doesn't even want to be a critic of his colleague by saying" I cannot speak to Lt. Hume’s interpretation but except it’s based on 39 years of law enforcement experience."
There is no transparency with the NPD. They are lying to you and publicized the George Floyd incident as a way to push their agenda.
Know the truth and be true to yourself.
I will be filing my appeal and civil suit to get that report. You, the people need to know how not only NPD but the entire state of Connecticut is unlawfully misinterpreting the Breach of Peace statute.
I will also find a way to get the statistics on how many people had been arrested for Breach of Peace. This will be interesting to see.
Stay tuned.
This is the type of dereliction of duty I am talking about. You have a Norwalk cop sleeping on duty! Luckily, I was able to take the picture without being caught. Just imagine what would of a happened had I been caught. I think I would of been put in another chokehold and slapped with some bogus charge as punishment for doing the right think and holding the Norwalk Police Department accountable for such behavior. What do you think? From the public's perception, you think this is right?
This idea of any perceived threat is justifiable use of force of lethal force is absurd. This is where police reform is needed. The top 4 areas I would address if i held office are the following:
1. Proper announcement of apprehension: this idea that i can directly and forcefully put my hands on you and say you under arrest and not expect human reaction to resist is an unnecessary escalation of force. You should be able to notify of the arrest and allow the individual to submit to the arrest. This goes for the same with notifying the reason for the stop/investigatory detention. I know the caselaw and the reason police dont i.e not giving the subject a heads up of what you know etc. This needs to change.
2. Removing the weighted level of trust invested in sworn position. Decades ago the idea that when you swear on a Bible, the government is putting faith that you will tell the truth. As generations pass, everyone wants a secular form of government. This idea has become obsolete and even if it hasn't with human behavior lying and deceiving is expected behavior. The government and the private citizen should be on the same scale and only with physical and direct eye witness accounts to the event, you should be able to prove or disprove any allegations.
3. Proper documentation of all police encounters to include consensual encounter and investigatory detention. This idea that the police can articulate what they deem as suspicion to conduct an invsstigaroy detention is unrealistic. The current judicial system states that probable suspicion is when articulable facts observed by the officer shows a crime is being committed or afoot. The issue with this is there is no articulation to what crime that may be. You walking around at 3am with a hoody. The police would say that this is suspicious because no one is up at 3am or wearing a hoody etc. This is articulating facts to an unknown crime. We need the who, what, where, and why the police thinks you are either committing or about to commit a crime.
4. Standardize the internal affairs process. This idea of having the same department conduct investigation on their own people is already not being impartial. I personally had seen this first hand and its definitely not strengthening the publics trust. There should be community involvement or special assignments with rotations of other IA investigations conducting investigation on other departments.
Seems a little difficult for the police to do their job? It sound be, it should be really hard for the government to intrude in your privacy and unless they have physical evidence and proper documentation to prove otherwise, we really need reform and we need it now.
I pray with the events we are seeing lately, we will get the reform that is much needed.
Tonight I submitted a FOI request for the internal affairs reports of all the civilian complaints that was submitted against Raul Aldarondo & Jose Silva. Along with those reports I have also submitted a FOI request for the bodycam and any other footage that was part of the IA investigation. NPD policy states such video footage has a retention period of 4 years. There shouldn't be a reason why the public can not view this for transparency. Lets see how many instances of excessive force will we uncover. Stay tuned.
Currently, I filed a motion to dismiss my case based on various constitutional violations.
Almost 2 years later the court refused to acknowledge the material of fact from the bodycam and the police report.
The burden of proof for criminal cases lies on the state and they have the evidence.
Why is this taking this long. When will i get justice?
I had a retire Connecticut cop try to "educate" me on the CT breach of peace law. Take note and be aware of your constitutional rights.
As info for my peers, an arrest means that there was probable cause. Probable case as determined by the justice system only weighs about 70-85% certain that a crime was committed. It is then when you go to trial in order for the state to prove beyond the reasonable doubt that you did in fact commit a crime. Even then, beyond the reasonable doubt increases the probability to about 95% certain you did the crime. That means even afyer you are convicted there is a slight chance you are innocent.
But what happens when the interpretation of the law is wrong? Well you get a guy like myself who had their rights infringed and now has to fight for my right because noone else will.
Hopefully with this page, I can inform my peers on what is right and how to fight for your right to life, liberty and the pursuit of happiness.
“A function of free speech,” under our system of government is to invite dispute.” Speech “may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.”
-Justice William O. Douglas (Terminiello v. Chicago (1949))
For all that read my story and chose to follow my progress, thank you.
I plan to show transparency in how the Norwalk Police Department are corrupt and to expose them for what they are.
My next plan is to file a FOI request to obtain the statistics for everyone that was charged with breach of peace for not just Norwalk but for the entire state of Connecticut and see how many people have been targeted with this overly vague statute.
Stay tuned.
Since I started this page, i had received a few messages both supporting and criticizing my reason for taking pictures of the police. While everyone will have their own opinion, that is the beauty of being here in the United States, we have the freedom to observe, question and even criticize each other and our own government without repercussion. Regardless, whether my observation was right or wrong it wasnt the officers position to figure out why i was photographing them. I declined to give a reason and that i wanted to be left alone but they persisted.
Imagine you on the street and someone kept attempting to talk to you and you asked to be left alone. At what point does that turn into harassment?
You all could of seen the activity leading up to the event but the cops violated policy and had their bodycams powered off while they were engaging with these females in which that adds to the suspicion that i had.
People want to support the police but want to turn a blind eye when misconduct is happening.
In the end, this wasnt about recording but whether my cursing was a crime. As stated in the report, I was arrested for reciting the phrase, "Its too fu***ng easy" twice.
Additionally, i clearly stated i have the freedom to curse in which the cop clearly stated, "No you dont"
Knowing the CT statute and the 1st amendment of the US Constitution, who is right?
In the State on Connecticut, the breach of peace statute has been a go to statute for NPD when they can't find statute to charge you with. They would also tack a 53a-167a interfere with officer/resisting to intimidate you to plea out.
If you feel like you been targeted especially with your words and conduct, please message me.
To be transparent of the allegations, a copy of the NPD Use of Force policy is below. Obtained via FOI request.
Not to mention the entire judicial system is flawed.
Currently CT statute states if you are charged with a misdemeanor AND are not incarcerated, the defendant would need to wait 12 months before filing for a speedy trial. Since CT is a state where unless you explicitly invoke that right, it is implied that with no response that you would waive your right to a speedy trial.
Once that time has passed, you can file for a speedy trial and unless the court can take into account for time exclusions as stated by law the state would have to take you to trial within 30 days after filing the right to speedy trial.
I did what was required by law and the Judge (Kevin Randolph) not only improperly interpreted the law, he infringed on my right to speedy trial by stating the following," Your motion is denied because you are not incarcerated".
Why has it been almost 2 years and i cant get a jury trial?
Original Letter that was sent.
When it became apparent that Senator Duff wasn't going to reply,
I reached out to CT representative Travis Simms.
Til this today, i received no response.
When the Chief wasn't being impartial in his investigation, I reached out to Senator Bob Duff.
Til this today, i received no response.
These two officers have a long list of civilian complaints of excessive force and all have been validated as compliant with policy.
With the evidence and articulation that i brought forth before the public can you see the issue with the NPD?
If my case was clearly excessive how many of these previous investigations was overlooked?
I emailed the entire City of Norwalk common council, Mayor Riling and the Corporation Deputy Council Jeff Sphar with my formally submitted notice of claim on October 24, 2019.
Til this day no one replied.
During my time in the holding cell i was granted one free call and in which i used that time to clearly articulated the account for record. That message was sent to NPD via messenger for proper timestamp for record.
I knew what i was being arrested for which was unlawful.
The Chief's response to my civilian complaint:
Recording of the IA interview in which I clearly articulated the CT Breach of Peace statute along with the caselaw that was ruled by the CT Supreme Court.
IA replies, "I see you did your research". But even then he STILLS says the officer were within policy.
Whether the case law restricts or empowers law enforcement personnel, it is your responsibility as Chief of Police to disseminate it across your department. Failure to do so, is a civil tort liability (vicarious liability) in that involves indirect responsibility for what subordinates do due to negligence in training, supervision, direction and entrustment of law enforcement duties and public trust (42 USC 1983).
I requested medical assistance but no assistance was ever received. According to NPD policy,
Agency policy under 11.0 “Arrests, Detention, Prisoner Processing and Transportation “ Section 11.1 Use of Force, Subsection 11.1.15 “Rendering Medical Aid After Injury” states the following:
“Officer shall assure that prompt medical attention is afforded to all persons who have been affected by the use of lethal or less lethal weapons or who have been injured as a result of the application of physical force as well as any person who have been taken into custody and may be suffering from any injury or illness. The subject shall be transported to the Norwalk Hospital Emergency Room or EMS personnel shall be called to respond. In either case, if treatment is refused, the refusal must be made to the hospital or EMS staff, and the name of the medical personnel who accepted the refusal shall be included in the police report.”
The alleged policy violation occurred on November 17, 2018 during the prisoner processing that was conducted at NPD HQ processing cell, where Officer Aldarondo has asked about any injuries and I stated, that both my knees, my lower back and my neck is hurting. I then stated, “I need EMS to my location”. In which Officer Aldarondo stated, “Absolutely”. But no medical care was ever received.
According to agency policy, Norwalk officers should assure that prompt medical care is taken when lethal, less lethal and/or physical force is being utilized. For the purposes of defining physical force, agency policy clearly states that a chokehold and taking a person to the ground constitutes as physical force.
Why wasnt medical attention ever rendered?
Questioning whether that is a chokehold or not? As defined by NPD policy,
“Chokehold: A method of holding someone by putting your arm around the person’s neck with enough pressure to reduce or prevent either air or blood from passing through the neck of such person. The restriction of one of both may lead to unconsciousness or even death if the hold is maintained.”
See pictures for civilian complaint submitted by me.
How does taking pictures of the police result in an arrest that warrant a chokehold with no resistance?
Bodycam showing the events leading to the unlawful arrest. Keep in mind the law and caselaw:
Connecticut General Statutes 53a-181 – Breach of the peace in the second degree: Class B misdemeanor.
This statutes states: (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person’s property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. For purposes of this section, “public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
The case law that was released for distribution was “Connecticut Supreme Court—State v. Baccala. (2017)”. In that case, the Supreme Court reversed a conviction for a Breach of Peace because the offensive language used by the defendant was not accompanied by conduct that appeared threatening or violent.
This means that going off on someone, dropping F bombs in public, or being completely and utterly offensive (but not threatening) either in a road rage, neighbor dispute, sporting event or at the bar or club is likely not enough to sustain a Breach of Peace Second Degree arrest in Connecticut under CGS 53a-181.
In addition to this finding, the court also determined, that people in authoritative positions of management and control (including the police) are expected to diffuse hostile situations and not provoke it.
CT Insider Article. Read my story.
Bodycam showing the events leading to the unlawful arrest. Keep in mind the law and caselaw:
Connecticut General Statutes 53a-181 – Breach of the peace in the second degree: Class B misdemeanor.
This statutes states: (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person’s property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. For purposes of this section, “public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
The case law that was released for distribution was “Connecticut Supreme Court—State v. Baccala. (2017)”. In that case, the Supreme Court reversed a conviction for a Breach of Peace because the offensive language used by the defendant was not accompanied by conduct that appeared threatening or violent.
This means that going off on someone, dropping F bombs in public, or being completely and utterly offensive (but not threatening) either in a road rage, neighbor dispute, sporting event or at the bar or club is likely not enough to sustain a Breach of Peace Second Degree arrest in Connecticut under CGS 53a-181.
In addition to this finding, the court also determined, that people in authoritative positions of management and control (including the police) are expected to diffuse hostile situations and not provoke it.
The following is the testimony of Alfred Esposito to provide a personal account as to how the event unfolded:
As a prior military service member and federal law enforcement officer with seven years of combined law enforcement experience, I wanted to take a moment to articulate the totality of the circumstances which led to my first, fourth and eighth amendment rights being violated by the Norwalk Police Department.
On Saturday, November 17, 2018 as I was leaving the Tablao Wine Bar & Restaurant from watching the recap game of the Green Bay Packers vs Seattle Seahawks, I observed two Norwalk Police Officers who were later identified as OFC Raul Aldarondo & OFC Jose Silva appeared to be engaged in a personal interaction with two females that were clearly intoxicated. As a former law enforcement officer who recently resigned due to service connected physical disability, I was disappointed to see other law enforcement officers behaving inappropriately, especially during a time where there is a disconnect between the police and the community.
I continued to observe, take a video and photographic account of their activity. Shortly after recording their activity, OFC Silva became aware of me recording him and attempted to hide from the camera. This led OFC Aldarondo to approach me and ask me why I was recording him. I advised OFC Aldarondo that he had no legal grounds of probable suspicion or probable cause to interrogate me, and that he was only conducting a field interview that I was not interested in participating. I clearly articulated my stance. OFC Aldarondo and OFC Silva continued to badger me about why I was recording them. Their badgering unnecessarily escalated the situation.
The officers stated that they were going to arrest me for breaching the peace because I was cursing at them. At the time of the arrest, there was no resistance on my part, but OFC Aldarondo still proceeded with a leg sweep to take me to the ground while OFC Gonzalez proceeded to put in a chokehold and take me down to the ground. Another officer then stated loudly to be easy he is not resisting. This leg sweep injured my knee and the takedown by utilizing a headlock further inured my lower back in which I have service connected disability as a result of my military service. Once I was brought to the police headquarters for processing, I immediately asked to seek medical attention, but my request was ignored. Once I was in the holding cell, I was embarrassed, humiliated and falsely imprisoned by an unlawful arrest.
I put this post together to call out the hypocrisy of Mayor Riling and Norwalk chief of Police Kulawaik. I was unlawfully arrest and was subject to excessive back in November of 218. Almost 2 years later i been seeking justice about how the city and the chief quickly dismiss my allegations but want to publicly take a stand against the same injustice because of a national event.
I was fortunate to be alive to tell my story. I want justice. Please help me get it.
Thank you,
Alfred
https://www.ctinsider.com/news/thehour/article/Video-Army-vet-accuses-Norwalk-cops-of-excessive-14889693.php
An Internal Affairs investigation refuted the claims by Stamford resident Alfred Esposito, who was charged with interfering with an officer and breach of peace.
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