Judge Sends Cop To Jail

by Paul Bass | January 7, 2008 2:42 PM | | Comments (24)

silva.jpgFalconer.jpgCalling letters of support from fellow cops “very troubling,” a federal judge Monday afternoon sentenced ex-city detective Jose Silva (at right in top photo) to three months in jail for his role as an accomplice in the latest cop corruption case. “Life ain’t fair,” said an unhappy Norval Falconer (at left), who spent four weeks in jail after Silva and another detective framed him.

“Police officers are different from other people,” Judge Alan H. Nevas told Silva at the sentencing in U.S. District Court in Bridgeport, explaining why he was rejecting emotional appeals to spare him prison time. “You take an oath… to uphold the law and protect the rights of citizens. You didn’t do that…

“How can members of the community have respect for the law when police officers break the law?” Nevas continued.

“We have to send a message to police officers not only in New Haven, but throughout Connecticut. This kind of conduct and behavior will not be tolerated. If the New Haven police department is dirty and cannot clean up its own act, then somebody ought to do it for them.”

Nevas did spare Silva the full year-long jail term recommended under sentencing guidelines, rejecting a pitch from corruption-fighting federal prosecutor Nora Dannehy. (Click here to read the government’s sentencing memo.)

“Split Second”?

Silva spent 12 years as a New Haven cop. Then he got swept up in the FBI corruption probe of the department for his see-no-evil sidekick role to one of the probe’s main targets, Det. Justen Kasperzyk. Silva pleaded guilty to depriving Norval Falconer of his civil rights. Silva watched Kasperzyk plant drugs in Norval Falconer’s Truman Street apartment and wrote reports that framed Falconer on drug charges.

Kasperzyk also stole $1,000 from another alleged crime scene, according to the government, and gave half to Silva, who kept it. (The government’s summary can be found in this press release.)

Silva and his attorney, former state trooper Eric Daigle (at left in top photo), admitted the detective’s ancillary role. But they sought to downplay that role in making the pitch to Nevas Monday for avoiding jail time.

“I had to make a split-second decision” when he saw Kazperzyk remove drugs elsewhere in the Truman Street house and place them in Falconer’s apartment, Silva said. “Obviously, I made the wrong one, a decision that will haunt me the rest of my life… I have lost all that I have worked hard to achieve in law enforcement.”

“He believed he was distancing himself” from Kazperzyk, defense attorney Daigle argued. “Who was he supposed to go to [to report the misdeed], your honor, Lt. White?” Daigle was referring to the top suspect in the feds’ corruption probe, former narcotics unit chief Billy White.

Nevas wasn’t buying that argument.

“Isn’t there an internal affairs division?” Nevas asked Daigle.

Yes, Daigle responded — but its director “was best friends with Lt. White.”

Nevas still wasn’t buying. Silva “was an experienced police officer,” he said, one who knew “he could have gone to the FBI,” the U.S. Attorney’s Office or the state police.

Prosecutor Dannehy also attacked the argument that Silva had made a “split-second” decision.

“He aided Kasperzyk in moving the drugs,” Dannehy said. “Then at the police department he wrote” a report filled with fake details. “Every paragraph was false. That wasn’t a split-second decision.” Silva subsequently filed another false report for the court, she noted.

Meanwhile, Silva “kept money that he knew Justen Kasperzyk stole during a search,” Dannehy said. “If he cared so much about being a police officer, he had choices… It’s a cop-out to say there’s nothing you can do.”

If something’s “fundamentally wrong with the police department,” as Silva’s defense attorney claimed, then “it’s never going to change if somebody doesn’t come forward to say what’s wrong with it,” Danney argued.

Judge Nevas took further exception to letters he received from New Haven police officers asking that he spare jail time for Silva based on his otherwise clean record and his service to the community. Dozens of cops and family and friends filled five rows of seats in Nevas’s second-floor courtroom Monday.

Nevas called the letters “very troubling.”

“Not one letter talked about the victim here [Norval Falconer]. He spent four weeks in jail. He was forced to plead guilty to get out of jail… knowing he was innocent.”

Even after widespread corruption was exposed in the department last March, and Falconer’s charges were dropped, “he lost his apartment. He lost his job. Not one police officer talked about that,” Nevas complained.

(Silva did apologize to Falconer during his remarks before the judge.)

Nevas did not take exception to tear-filled tributes offered by Silva’s brother and Silva’s wife, Maybilene Silva. She described her husband as “someone of great character with high moral standards.” She said that since her husband’s arrest and departure from the police department, she has taken a daytime job to help pay the bills for the family, which includes three sons. Her husband has taken a graveyard-shift job to help pay the bills, too, and to be home to get the kids to school when she leaves for work.

She implored Nevas to keep her husband out of jail in order to spare the family financial hardship.

In the end, Nevas took a middle position between Dannehy’s call for a full year and the family’s plea to avoid jail. In addition to sentencing Silva to 90 days in federal prison, he ordered one year of supervised release. Silva is to report to an as-yet undetermined federal prison no later than Feb. 8.

“Thank God I’m Alive”

Nevas’s sentence didn’t sit well with Norval Falconer, who traveled to Bridgeport to observe the proceedings. He called the sentence too lenient.

Falconer. who’s 28, said he has had trouble getting his life together since his four-week stint in the Whalley Avenue jail on Kazerpzyk’s and Silva’s trumped-up charges. He said he’d been working as a carpenter before the arrest. Since then he’s been unemployed, he said. He spent time at Columbus House shelter; he now lives in a West Haven rooming house.

“My life’s in jeopardy,” he said outside the courtroom after the sentencing. “I don’t trust nobody now. I’m alive now to give my statement. Normally when this happens to people, they’re dead. Thank God I’m alive to testify.”

Falconer noted that his original sentence included four years probation, compared to Silva’s one. “I’m not satisfied,” he said. “I got more probation than him for something I never did.

“Life ain’t fair, no?”







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Comments

Posted by: disturbed | January 7, 2008 5:04 PM

What an injustice to Falconer. It's so rich for Silva's wife to call her husband a man of high moral character when he participated in this kind of activity. Your husband ruined another man's life, woman! How can you still say he is of high moral character?? I don't begrudge you loving him, but at least acknowledge wrongdoing. This is yet another example of how our system punishes low-ranking individuals of color more harshly than high-ranking white individuals. Falconer's sentence with 4 years probation for drug possession? And the corrupt cop who framed an innocent person gets 3 months in jail? On what messed up scale is that *justice*??

Posted by: darnell | January 7, 2008 5:47 PM

Paul,

Did this guys sentence get overturned?

Posted by: bjfair | January 7, 2008 9:15 PM

No Mr Falconer life isn't fair. You lost control of your life because of a dirty cop and all he has to do is spend 90 days in prison. I'm sure they're looking for a nice cushy place for him to serve that laughable sentence too. I love it when the wives and fellow officers come forth in defense of these criminals and then to top it off the judge (another arm of the government) will hand down a laughable sentence and pretend to be tough on dirty cops. Give me a break. I bet Nevas said it with a straight face too. I wonder how "tough " they plan to be on White and Kazperzyk. Maybe 10 days with 30 days probation. This was not Silva's first criminal act.He was groomed by the best (White, Kazperzyk and others who ran an unchecked criminal enterprise inside the NHPD for years. If only I had a dollar for all the dirty cops who have done the same, been promoted,retired and collecting huge pensions. Think we have all the criminals out of NHPD? Think again. FBI just scraped the tip of the iceberg.

Posted by: Heights resident | January 7, 2008 9:16 PM

Hey Paul just in case you didn't know, but I suspect you do. The judge was out of line when he made that comment. When you write those letters for sentencing you never speak of the "victim", the purpose of the letter is to show your support for the accused.

It's a letter of character, not your opinion on the case, and he knew that, he has done sentencing for years, and I doubt he has ever heard a letter mention the victim.

I would also like to see Mr. Falconers criminal record, he doesn't strike me as someone who has never seen the inside of a cell.

Posted by: dafeder | January 7, 2008 9:49 PM

For this summer's Movies on the Green: "Serpico."

Posted by: Ned | January 8, 2008 7:48 AM

I never quite got it before, but I do now:

Posted by: cedarhillresident [TypeKey Profile Page] | January 8, 2008 8:44 AM

Ok I am going to have to be the devils advocate here.

love me or hate me, I know some are thinking it, but are to PC to put it in writing.

Why did Silva do that? If I remember correctly it was because the cops had some prior knowlege he may be tied into distribution of drugs (I could be wrong that is just what I had read in the news) and could not arrest him because the drugs were found in a common area (not in the apartment) and by law can not be tied into any specific person. Which yes was wrong of them to do and a bit dumb. They could of been less lazy and just monitored him and a bit longer. But I at the least I understand the thinking at the time. They felt they were doing it for the greater good. But breaking the law for the greater good was the wrong way. And I so understand that the cops can not bend the law at all, but I ask you.... how do they stop the dealers when the dealers know all the loop holes and laws? Like storing the drugs in a common area?

And if Falconer is as squeaky clean as he leads us to believe. Then shame on the system. But if he is not then let it go and move on. I do know one thing with his face plastered all over the news if he was up to no good that is not an option anymore at least in New Haven.

Posted by: motheroftwo | January 8, 2008 10:46 AM

Whoa, Whoa, Whoa, CedarHillResident and Heights Resident!!!!

May I ask what gives you the right to assumes that the victim "is not as squeaky clean as he leads us to believe" or "he doesn't strike me as someone who has never seen the inside of a cell." ?

What inside information do you have or where did you read about this man at in this article...please let me know because I must have skipped that paragraph.

Unless you have this man's record in front of you then feel free to form an opinion. But unless YOUR past is squeaky clean OR your closest is "SKELETONLESS". Refrain from the judgement. Regardless of this mans past, present or future, we are dealing with a crime that was committed against him. He has lost what he has worked hard for because of the actions of another. If his 4 years of probation were from his own actions, then I believe he gets what he deserves, but if his sentence has any ties to this craziness and the judicial system is not willing to remedy it then it is just one more proof that this case is sickening.

We were all let down by this corruption but lets not victimize him anymore. He has enough to deal with....let one of your family members wear his shoes and have to loose their job and sleep in a shelter..then the cop that is responsible for it gets a lighter sentence then the victim as see what your comments on NHI would be then!

Posted by: WOOSTERST | January 8, 2008 11:28 AM

90 DAYS IN JAIL FOR WHAT I KNOW IS NOT THE FIRST TIME THEY HAVE SET DEALERS UP I HACE TIES TO ONE OF THE THREE DIRTY COPS"GUESS WHICH ONE? AND HE USE TO TALK ABOUT CRAZY STUFF THEY WOULD DO IN FACT HE BRAGGED ABOUT THE NICE BRACELET HE BOUGHT HIS WIFE.NO WE ALL KNOW WERE THE MONEY CAME FROM.
THESE MEN SHOULD GET LONGER BID'S THEN A "JOE SHMOE"FROM THE STREET THEY TOOK AN OATH TO SERVE THE LAW NOT BREAK IT AND HIDE BEHIND A BADGE.

Posted by: cedarhillresident [TypeKey Profile Page] | January 8, 2008 12:55 PM

motheroftwo

I am not saying that a crime was not committed. It was and the man is doing time. And I did read in a story or I think it was the criminal deposition of Silva that stated that the drugs were put in the home because they were found in a common area.

And I am not saying what was done to this man was right. Nor am I judging him as guilty. But what I was commenting on is the facts that cops in this city have it hard because the bad guys know the laws and there for are able to run there businesses in away that avoids capture. And in a desperate moment a cop made a bad decision. That many will pay for. I am not excusing his actions, but pondering on the fact that what is wrong with the law that puts a good cop in a position to make a bad choose like this.

Posted by: Been Called Worse | January 8, 2008 2:55 PM

Cedar Hill " I am not excusing his actions, but pondering on the fact that what is wrong with the law that puts a good cop in a position to make a bad choose like this."

From the Article: Kasperzyk also stole $1,000 from another alleged crime scene, according to the government, and gave half to Silva, who kept it.

To me, this doesnt sound like a good cop who's "hands were tied by those pesky laws that criminals use as loopholes" what made him lie on reports and "look the other way" was greed.

For Heights Resident - what is it about Mr Falconer that doesnt strike you as him being someone who hasn't seen the inside of a cell? His beard? Or the t-shirt under the collar shirt in the photo?

Wait a gosh darn second. He HAS seen the inside of a jail cell! When he was arrested by Silva for the whole planting drugs/false report/ thing.

Posted by: bjfair | January 8, 2008 3:39 PM

My God wonders ever cease!!!!! Silva is the victim? He's a good person who made a bad choice? What's wrong with a law that puts a good cop in a position to make a bad choice? Why do thousands of good people commit crime? The prisons are full of good people who made bad choices only they are serving years and decades for their "bad choices". 90 days....Nevas might as well let him go free and how nice it is to be sentenced and not have to leave the court going off to prison. I'm still looking at the victim and trying to figure out what clues led you to believe he was not "squeaky clean" Was it that he was Black or that he wasn't wearing a 3 piece suit, a robe or a uniform? I'm happy that he has a thorughbred attorney(Polan) who will make sure that he gets compensated for some of the meaness that was done to him. The photo of Silva shows him leaving court with a smile. I'm sure the vicitm didn't leave the court smiling after being sentenced for something he didn't do. Now I don't have to wonder why there are so many people being released after decades of serving time for crimes they never committed. They probably didn't look squeaky clean either.

Posted by: Heights Resident | January 8, 2008 7:05 PM

Hey BJfair, I happen to be a man of color, so his race has nothing to do with the comment I made. The comment was made because I can't understand how he got singled out by these two cop's, and if you read the registers article on the arrest when officer Silva was arrested you would see that your poor " victim ", has a lengthy criminal record, nice investigating Paul Bass by the way.

I'm not defending what this cop did, mother of2, but I can assure you that I have never broken the law, other then running a stop sign, and I got stopped and given a ticket as I deserved, that cop was kind of rude but they don't wear badges for personality contest. They do a job I wouldn't do or care to do.

And for all who think his sentence was too light, try sitting in a cell for 23 hours a day, just staring at the walls. I have seen drug dealers convicted of a lot worse who just get probation, he was charged with a misdemeanor people not a felony as Lt. White. I say good luck to Mr. Silva and it's sad to see a cop bring shame to such a noble and dangerous profession.

I support cop's and the good work they do, day in and day out and am not afraid to say so.

Posted by: bjfair | January 8, 2008 10:08 PM

Hey Heights resident: The fact that you are a man of color (so is Clarence Thomas) does not change my inquiry in any way.I still want to know why you assumed the young man who had been victimized by the dirty cops looked as though he had seen the inside of a cell. Your comments did not stem from seeing his "lengthy criminal record". You had made your judgment prior to having access to that info. Having that info does not change the fact that he was victimized by 2 dirty cops.The fact that Silva was charged with a misdemeanor speaks volumn about what's wrong with this system of justice.I wonder who he snitched on to get that laughable sentence.By the way I would think it's much easier to sit in a cell for 90 days knowing you are there for committing crime than to sit there for 30 days for something you did not do. Silva took an oath to uphold the law. I don't believe Mr Falconer took that oath. By the way I support officers and the difficult work they do. I prefer to support the honest and honorable who come to work to protect and serve the community. I have no sympathy for those who feel the uniform and badge affords them a license to steal, lie, be abusive and destroy lives simply because they have the power to do so. Crooks like Silva diminish public trust in police work. They are the ones that make the profession dangerous.

Posted by: WOOSTERST | January 9, 2008 12:18 AM

New haven police needs to look again there are still new haven police officers gambling. Tonight in branford they play poker for money every tuesday night starts at 7:30.just tonight they had three of new havens finest thier.i wont say any name's chief just needs to go and walk in the back bar room and we will have three or four more cops fired!!!!!!

Posted by: Chris Gray | January 9, 2008 3:03 AM

I have been waiting, unsuccessfully, for more than half of my life for New Haven to begin to have a professionally run, competent police department.

Judge Nevas has done us no favor, despite his protestation of finding officers' letters of support of former Detective Silva "troubling", with this sentence. He does a disservice not only to the purported victim, but to the citizens of New Haven and, most of all, to the brave, honest cops who did not write to support the perpetrator of this corrupt injustice.

Whether Falconer is or was a criminal or not is beside the point, the $500 pay-off for lying is the crux of the matter.

How much does someone pay to get off for arson? For murder?

Posted by: Heights Resident | January 9, 2008 6:54 PM

Hey BJ, I won't begin to lower myself to your level, in your questioning my race. But understand this, it's easy for people like you to throw people of color in two groups uncle toms ( if that's what you meant in your Clearence Thomas crack ), and the Al Sharptons of this world.

Your comments were racist and insulting, and if you grew up in the hood, as I have ( Church St. South housing projects ), you would have known what I was talking about when the comment was made.

As far as the crooked cops are concern, I agree fully, they should be weeded out, but my major concern is the fact the people are willing to paint all cop's with the same brush, just look at the blogs to see if I'm wrong.

And to address your last comment about making it dangerous for them, how about the gun totting drug dealers. God bless the men and woman of blue.

Posted by: Chris Gray | January 10, 2008 2:45 AM

I have a long and colorful arrest record, an even more extensive record of criticism of the force and a relationship which has included high school friendship and adult Christmas Eves spent with a former Assistant Chief.

There have been, are and, no doubt, will be many decent, brave, and honest members of the force. It remains an unruly, unevenly performing organization and the fault can not be laid on any but the succession of Democratic administrations which allowed it to remain so and the voters who supported them.

No offense to John DeStefano's dad, but every time I saw John's ad mentioning him I was reminded of the DiLeto era and the specter of Penny Serra and the forlorn ads run week after week in the Register by her helpless father, occasionally accompanied by an article pairing her photo with one of his bereft face, came flashing through my mind.

Now, Ed Grant's appeal pairs her photo with a different older man. I pray they got it right that time, but I have no confidence in it.

Posted by: bjfair | January 10, 2008 11:07 AM

Heights, My initial thought was not to respond to your comments but since you said you grew up in the hood I feel a sense of comradery so I will acknowledge your comments. "I will not lower myself to your level", OUCH!!!Thank God I grew up in the hood (and love the hood) so I was able to shake that one off (smile).Obviously you don't know me or you would know of my experiences with NHPD and not because I was a criminal but because I have been outspoken on police brutality and abuse of power by some of the worst officers (like Billy White) who have been criminals for decades. Did you get so caught up in the comment about Clarence that you did not see that I praised " officers who do the difficult work that they do"? BUT.... as I support THEM, I also recognize that SOME officers are just as dangerious as the gun toting drug dealers and maybe more dangerous because of the protective "no snitch" (or blue code of silence) that prevails within police departments. On Tuesday I attended the celebration of promotions of officers within NHPD. I did so because SOME of the best officers in the department FINALLY were given what they should have received years ago because of their dedication and sincere committment to uplifting our community. I am honored to know them and consider them friends. If your concern was that every post was bashing officers or that we "brush them all with the same brush". I didn't see that. I saw people who really had a problem with officers who break the law with impunity and when caught pay such a pitiful price for doing so and by the way I expect the others to get off with a tap on the wrist and a pension. That's what upsets all of us.

Posted by: WOOSTERST | January 10, 2008 11:37 AM

The hood,i would like to inform all that justin"Kasperzyk" street name in the ville when he was a beat cop was "robo cop" because he use to go around and (****) brothers up.people on the street were scared of [hiim] and he was still made a DT!!!!that was a joke to begin with

Posted by: cedarhillresident [TypeKey Profile Page] | January 13, 2008 1:01 PM

been having computer problems...

BJ and Heights

As stated above I was...Being the Devils Advocate...Trying to get a real debate going on this issue. It is a very important one in this city for many reasons. Cops doing bad is not excussable...but my question is... how do they get the bad guy off the street. I relize as pointed out that silva took cash..and that was his reason for what he did...but I thought I read it was because the drug were found in a common area and by law (which dealer know well) any drug found in a common area can not be link to anyone even if the officer knows whos drugs they are....Maybe I misread...but I thought that was why he planted them ... I thought it was what was in the depo...sorry if I read the reports wrong. WELL ANY WHO...
Woosterst...(by the way were I grew up) brought up the "beat down posey" of the days of old and how white was still given a promotion...do we have stat's of that time period??? Do we have record of how crime and dealing drop dramatically during that time peiod of the "beat downs". These bad guys were not put in jail the cops did not jail any of them... they were given the chance to get out of town..My understanding was that the officers involved more or less did a scare tacket to stop dealing in new haven. Please correct me if I am wrong about this...
But in my defense I to have had some bad police expereinces...mostly East Haven ones...and I to think that we need to get the dept clean of all bad cops...but again my question was...what do cops do to get the bad guys?? When the bad guys know how to work the law... when they know as long as they store the drugs in common area the cops can not get them..ect...We scream at them we want the dealers and crimals gone...but the law makes it next to impossablile for that to happen now...Any ideas....
I know the wording of this sounds so distateful I am sorry if I offened anyone. Knowone should be but in jail for things they have not done wrong..and I would be the first to stand with that person...but I am looking at this in a differnt way...the good cops that want to get crime out of this city but the fact that ours laws protect the bad guys as well as the good guys which makes it hard to get the dealers out.

Posted by: THREEFIFTHS | January 13, 2008 11:59 PM

Cedarhill Resident
It Seems That You Have A Double Standard When It Comes To The Law Being Broken, You Want To Lock Up The Bad Guys Who Break The Law But When It Comes To The Ilegal Immigrants Who Break The Laws
Of Immigration You Want To Give Them A Pass!! Second As Dafeder Said In His Post Look What The Crooked Cops Try To Do To Frank Serpico. How Come The So Call Good Cops That Go After The Bad Ones After All They Change In The Same Lock Room.How About The Madison Police Department I Wonder How Many Are Hang Out with The Prostitues And Take Pay Off Money!!Bottom Line All Should Be Lock Up If They Are Breaking The Law!!!

Posted by: WOOSTERST | January 14, 2008 11:48 AM

ceder hill,
i said the justin k was robo cop not white you need to read a little better"he grew up in the ville"no excuse cederhill.also what are the good cops supposed to do??well it would be called INVESTIGATING some thing these dirty cops don't want to waste there time doing> just get a tip raid and if things don't go right plant the drugs and if there is cash then take it for the wife or for playing poker>>>>>

Posted by: cedarhillresident [TypeKey Profile Page] | January 14, 2008 3:56 PM

THREEFIFTHS
Just rattling some cages on this one... You are right, I guess I want it all...more or less. I want the bad guys off the street and away from the kids in my area! But on a real time level...to investigate takes alot of cash and time. Now I am not say planting is the answer...but the only way cops can get a dealer rightfully with out short of having the product in there hands, can take many month of work...
My which is what my concern ( the original one)is. When on officer day after day knows who the dealers are; and time after time arrests them and the whole revolving door thing is happening... Because the law protects them...and the only way to get One person off the street take months and tons of tax payer dollars what are the options.. There must be a way... Maybe I am just a dreamer.

And I want the dirty cops out don't get me wrong, My thoughts were more along the line what would make a "good cop" do wrong just to put a bad guy in jail.

Sorry I am starting to ramble...


And yes my little fraction I still support the ID card and yes I know how that too can be a double standard to some.

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