Prisoner: Corrupt Cops Framed Me, Too
by Melissa Bailey | January 22, 2008 8:11 AM | Permalink | Comments (35)
Two city detectives who helped put him in jail (including Det. Jose Silva, at left in photo) have since been snared in the city’s police corruption probe. Now Solomon Barnes wants a new trial.
Barnes, who’s from New Haven, is currently serving 10 years in jail after being convicted of drug and gun charges. His trial ended last summer in New Haven’s State Superior Court. As Barnes sat in prison in the following months, he heard the news that two of the detectives who testified against him — Silva and Justen Kasperzyk— had both pleaded guilty to civil rights violations for their role in a 2006 narcotics raid. Det. Silva watched Kasperzyk plant drugs in Norval Falconer’s Truman Street apartment and wrote reports that framed him on drug charges. For his role, Silva was sentenced two weeks ago to three months in prison.
Barnes claims he was framed, too. Hoping the recent events would call into question the detectives’ credibility, the prisoner has launched a new appeal. In a petition filed this month in New Haven Superior Court by Attorney John R. Williams, Barnes asked for a new trial in light of the recent events.
Barnes’ conviction was based on the assumption that Kasperzyk and Silva were credible in their claims against him, William writes, but “the newly-discovered evidence establishes that they were utterly without credibility as to their work as narcotics detectives.” Click here to read the petition.
Williams is also appealing Barnes’ conviction in Appellate Court. Click here to read a brief he filed taking issue with Barnes’ arrest and trial.
According to court documents, Silva was a member of a “take-down team” that arrested Barnes in a drug bust at 10 Edgar St. in the Hill area of town on March 7, 2006. Acting on a recently arrested informant’s tip, Silva staked out the corner, awaiting a drug transaction. Barnes came along in a black Honda. The cops boxed him in and checked him for drugs. Silva testified that he saw a bag of crack cocaine fall out of Barnes’ pants when he patted him down. Police, who claim Barnes also had $416 on his person, arrested Barnes for possession with intent to sell.
A couple months later in May, Kasperzyk (pictured) took part in a raid on a Thompson Street home where police believed Barnes lived. Kasperzyk testified in court that cops found two guns, drugs and drug paraphernalia in a bedroom which cops said belonged to Barnes and his girlfriend. They tacked related charges onto his record.
Barnes contested the charges and contends the state failed to prove his guilt.
Will the two detectives’ subsequent guilty pleas be enough to call into question their testimony in this case?
Not necessarily, said New Haven State’s Attorney Michael Dearington, reached Monday. “We don’t automatically assume that anything these guys were involved with is tainted.” Dearington said his office is reviewing old convictions on a case-by-case basis, reexamining issues like whether evidence was corroborated. About seven or eight prisoners have written his office to ask for a review, Dearington said.
Dearington noted Barnes had a long criminal record prior to his 2007 arrests. But he pledged to reexamine the case: “We will retrieve the file and review it in light of the allegations made in the motion for a new trial.”
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Comments
Posted by: cedarhillresident
| January 22, 2008 8:35 AM
We knew Williams was going to be part of this! He is the lawyer of criminals and knows every loop hole there is. (as you can tell, not on my list of going to heaven!)
Posted by: Ken Krayeske | January 22, 2008 8:40 AM
Everyone deserves representation.
Posted by: THREEFIFTHS | January 22, 2008 9:08 AM
Cedarhill Resident
If John Williams Is The Lawyer of Criminals Than
Can You Say The Same Of The Lawyers Who The Crooked Cops Have To Represent Them? How About The Lawyers At Yale Law Clinic Who Represent The Law Breaking Illegal Immigrants Who Are Breaking The Law By Being Here Illegal, Would That Not Make
The Yale Law Clinic The Lawyers Of Criminals.Again
You Are Showing You Double Standard.
Posted by: WOOSTERST | January 22, 2008 10:39 AM
cederhill are you going to heaven..the one above says not to judge people!!!!
Posted by: RedScare | January 22, 2008 12:20 PM
The system only works when we have competent adversaries on both sides. Attorneys like John Williams are a necessary check on our system, particularly where, as here, we have former detectives admitting to planting evidence.
Doesn't a conviction mean much more when it is obtained and tested against a zealous defense? How confident would we be in our system if criminal defendants had to litigate themselves their own cases against seasoned prosecutors with unlimited resources.
We have a constitution folks.
Posted by: cedarhillresident
| January 22, 2008 1:52 PM
my little fraction...you are right it is a double standard..but I can't help the way I feel about the two issues.
WoosterSt I was far from any angel back in the day. But I grew up. And Yes with out a dought I am going to heaven!
And If I knew anyone that was in trouble Williams would be the first lawyer I would suggest. But he in my book did something not nice to my family..he stoled justice from us.
RedScare
I must say your point is well put. As much as I have my problems with the whole thing your post somes it up very nicely.
Posted by: WOOSTERST | January 22, 2008 2:03 PM
what justice was that???
Posted by: bjfair | January 22, 2008 3:57 PM
Too bad ALL criminals don't receive the same justice that Silva and his accomplices received. 90 days is a miniscule price to pay for all the lives these bums may have destroyed with their lies and planting of evidence. No wonder they believe the law does not apply to them; only for them to enforce on others. How can anyone respect the law anymore.
Posted by: Height Resident | January 22, 2008 6:22 PM
Hey BJ Fair, be fair, detective Silva was charged with a misdemeanor ( class A ), not a felony. I would also like to add that Cedarhill is right [about] Att. Williams ...
He defends drug dealers, rapist and killers and has the integrity of those he chooses to represent. It's all about the pay check with him and his ilk ( Pattis,Rick Silverstien ).
But you're right everyone deserves to be represented, and not by students from Yale, but competent attorneys.
I for one, am fed up with all the liberal garbage of coddling criminals. look at the facts, this criminal's home was raided and they took two guns from his house. I'm tired of reading that another child was shot or killed by the hands of these gun totting COWARDS.
Posted by: Curmudgeon | January 23, 2008 8:49 AM
Why was Det. Silva only charged with a misdemeanor? If what he did was not a felony, what is? With petty charges and little punishment, it seems that the system is saying they really do approve of this sort of behavior. Corruption in the police is about a bad as it gets. These detectives should be spending the rest of their sorry lives behind bars.
Posted by: THREEFIFTHS | January 23, 2008 9:20 AM
The Action Of Crooked Silva And Gang Will Cost The Taxpayers Big Money When The Lawsuit Comes. Sliva And Gang Should Be Made To Pay This Out Of The Fat Pension That They Will Be Geting!! And Last Speaking Of Coddling Criminals Look At The Mayor Of Waterbury Michael Jarjura Give Good Old Hot Tub Stealing Lying Convicted Felon John Rowland A Job As A Economic Development Coordinator.Do You Surport That Type Of Coddling
Height Resident And By The Way The Mayor Is Not A Liberal!!!
Posted by: motheroftwo | January 23, 2008 9:37 AM
Is Cedarhillresident the only one that comments on almost every story???? Geesh!!!
Posted by: WOOSTERST | January 23, 2008 10:24 AM
heights, look into the facts it was not his home it was his girlfriends look into the trial she said under oath they were her guns.his latest id was from starr st....the cops rushed on this on to.
Posted by: cedarhillresident
| January 23, 2008 12:39 PM
Height Resident
I agree...
I had a great talk with a good friend that is trying to help the prisoners. He did make some good points about the whole battle being about social reform. And that our judicial system not working. But I stand my ground on how I feel about this.
I am happy the way they voted yesterday I think it is a good start for both sides views. I did watch most of it and was impressed with how senator Williams pleaded for the underlying bill.
motheroftwo Thank for your constructive comment. It really add to the debate.
Woosterst it was the loss of my mother. And yes I will not deny that my opinion may not be based on what is good for the general public because it is personal...but most protesting on the other side are doing it for there own personal reasons. I just ad to the debate because I opion is not the popular one among the readers at this time.
Posted by: Heights Resident | January 23, 2008 7:16 PM
Threefiths, what are you reading? I never mentioned the Mayor in my comment.
Hey Woosterst, you can't be that naive to think for a second that those guns belonged to the girlfriend ( with no criminal record ), and not the felon with the long record of dealing drugs and carrying guns, on second thought maybe you are.
I would like to add that although my comments may not be popular with most who read this online paper, there are different views and one should not be so closed minded to think that everyone follows liberal views like sheep
Posted by: mort | January 23, 2008 7:44 PM
I would hardly characterize Williams as being in any way so virtuoso a criminal defense lawyer that he is keeping many rapists and killers out of jail.
I do want to remind everyone here, that here, and on other blogs, there are too many who persistently adamantly believe that if an officer arrests, the arrestee is guilty. this is so ingrained, people even assert it after a story about cops who pleaded guilty to crimes. it is mindboggling.
Press needs to press dearington more to release the cases he has reviewed. he is in no position to review his own work anyway. yet no story about whether an independent state grand jury should investigate -- really incredible lapse in press coverage, enterprise, duty.
Posted by: cedarhillresident
| January 24, 2008 9:28 AM
mort
I said that he made a good plead for the bill. A bill I feel is needed!
This is not about the arrest it is about getting repeated MURDERS RAPESTS and other "VIOLENT" criminals off the streets! Not petty criminals.
And Hights I don't think woosterst is from there or he would of known what my family's injustice was!
Posted by: THREEFIFTHS | January 24, 2008 9:39 AM
Heights Resident
What Are You Reading, It Seem That You Did Not Read my Post Which I Said That The Mayor Of Waterbury is Not A Liberal. Second You Talked About The Liberal Garbage Of Coddling Criminals, But You Seem To Dodge The Question Of The Mayor Of Waterbury Coddling Of Convicted Felon John Rowland. It Seems To Me That You Like Coddling Crooked Cops And You Not A Liberal!!!!
Posted by: J. Hart | January 24, 2008 9:53 AM
Let's look at this from a different angle. Let the courts decide guilt or innocence - it's rather pointless to debate it here. What we are seeing here is the inevitable consequence of a corruption in the police force. Every man, woman, and child that Kasperzyk and Silva (and Billy White, et. al.) ever busted now have grounds on which to dispute their arrests and plead for a new trial or acquittal. Guilty or innocent, many will have their day in court (again). Think of the cost to the taxpayers of New Haven. Think of the cost to those who will sit in jail a few days or weeks longer while the courts deal with this unnecessary BS.
Please don't misunderstand. I am all but certain that there are innocents sitting in jail because of what these greedy and morally bankrupt ex-cops did. There's an enormous human cost, a social cost, attached to these actions. There are also guilty parties that may walk because the evidence against them was tainted. But putting that aside, I think that it is important to recognize the ongoing cost of police corruption.
Posted by: THREEFIFTHS | January 24, 2008 5:09 PM
Hey Height Resident
Would You Say The Police Scandel In Madison Is A Liberal View Or Crooked Cops?
Posted by: Heights Resident | January 24, 2008 6:46 PM
Threefifths
I must have glanced over your comment, and not read it. I don't know how you could compare the two ( gun totting drug dealer, white collar thief ), but if it makes you feel better, I don't agree with Waterbury's mayor hiring Rowland...but that's politics.
By the way I am far from a coddler of criminals or a liberal. I just don't like to jump on the band wagon, just because it's popular to bash all cop's for the dirt of a few, like you do. Learn to step up and be your own man.
Posted by: James | January 25, 2008 8:40 AM
OK, I've got to ask. I know this has nothing to do with the story or adds to the discussion in any way. But it's been several years now and I've just got to ask. Here goes:
THREEFIFTHS-
What's with capitalizing every word? I can see being one of those people who types in all caps. It's annoying, but I understand how somebody might do that. I can see not using any caps. Again, annoying and poor grammar, but I can see how it would happen. But capitalizing every word? That's a lot of work. You actually have to go out of your way to do that! I'll apologize beforehand if it's the result of some sort of accessibility software, or you're missing fingers or something. But I'm just darn curious!
-Jimmy
Posted by: cedarhillresident
| January 25, 2008 10:30 AM
Ok my little fraction ...not to get off the subject..but I am with James.. I have always wondered that.
Independent minds want to know?
Posted by: Heights Resident | January 25, 2008 4:12 PM
Threefiths
I just read your comment, and as usual you are off the mark. My comments were about the New Haven police department, and not what is going on in Madison ( frankly those cop's should be arrested, there acts were arrogant and diplorable ).
I just said that all police should not be lumped together.Did you that Wayne Gacey ( serial killer ), was a licensed plumber and contractor?, maybe all contractors are serial killers too, idiotic right, think about that.
If you hate cop's so much, just say it and stop hiding behind the liberal tag and come out and say it. by the way James is right, try hitting the cap locks.
I can't say it enough New Haven police have a tough job to do,I wouldn't do the job they do. I for one support there efforts as a resident of New Haven.
Posted by: Edward_H | January 27, 2008 11:26 AM
James & cedarhillresident
I have also been wondering the same thing myself for quite some time. I am glad to see someone finally asked the question. Maybe Threefifths is New Haven's version of e.e. cummings!
Posted by: THREEFIFTHS | January 27, 2008 10:07 PM
Edward_H
But E.E. Cummings got his point across.To Heights
Resident i hate crooked cops in fact if you google
in the new york times date January 23,2008 Imformation scandal shakes up new york police department that story is about how the cops give informants drugs for information, I wonder how many inncent people are locked up because of these crooked cops. where are the good cops at to
come foward and weed these bad cops out heightsresident? I like your statement on john rowland well that politics no he is a crminal and if you are going to give him a job than ever other
crminal should be give a job also, look at your statement on the cops of madsion you said that the madsion cops should be arrested and that my point crooked cops should go to jail!!! To Cedarhill Resident Google In Bruce Cutler he was the lawyer for the mob and john gotti and made big bucks,But I forgot You Have A double standard when it comes to united states criminals locked up but not the illegal immigrants
who are breaking the law and if you check out there crimes it is on the up rise. Last james i hope this post is up to your standard but you should worry more about those who cover up for crooked cops and illegal immigrants than my caps
Because both of them use caps and you know what i mean!!!
Posted by: Heights Resident | January 28, 2008 9:32 AM
Threefiths
READ THE ARTICLE, the detective in question made the arrest of the drug dealer and gave the informant $40.00 dollars and two pieces of the seized crack. There was no innocent parties arrested.
Wow do you even read the articles before you pass them off as a rebuttle????.
And your comment about Roland, made no sense at all, lots of ex-cons have jobs, are you implying that people shouldn't be given a second chance?. He did serve his time....right?, last time I checked he did serve his debt to society correct.
I again say to you, just admit you hate cop's in gereral and you lump them all together. Stop and actually read this comment, before you comment.
Posted by: THREEFIFTHS | January 28, 2008 1:14 PM
Height Resident
You need to read the article and you would see that four police officer are under arrest for this illegal act which is against department policy.Also If you would take the time to read this article you will see that two more officer are under arrest because a internal sting which caught them on tape bragging about this illegal practice!!! it has to make you wonder if these informants have told lies to get these drugs.Have you forgot right here in the new haven police department that some of the officer are being investigated for use of the informant money? I will say this one more time and that is i am against crooked cops who are no different than the crooks That theylock upyou need to look at the movie serpico and you may learn something. P.S. Hey Edward_H I wonder how come you have not said a thing about these crooked cops!! or do you agree with mr. law and order height resident?
Posted by: James | January 28, 2008 3:58 PM
By observing the experiment, I changed the outcome. THREEFIFTHS, please resume your practice of odd capitalization. I didn't mean to imply you should change. Just curious.
As for Rowland deserving a second chance, yes and no. First off, there is a special place in hell for powerful people who abuse that power for personal gain and at the expense of those they are to be protecting. Much like crooked cops. The guy who mugs you on the street is a criminal. Period. The guy who hides behind a badge or a desk while committing criminal acts betrays the trust of all those who count on him.
As for Rowland deserving a second chance, OK, fine. I can;t ride the double-standard bus. I would like to say the guy should take a flying leap, but you're right. He served his laughably short sentence. But think about it this way. Does a conviceted child molestor deserve a second chance? OK, sure. Why not. Does that mean you should hire him as your babysitter? Nope. Bad idea. Rowland should NEVER, EVER again be placed in a position of public trust. And anybody who puts him in such a position is choosing cronyism over the wellbeing of his constituants and should be driven from office at the point of a pitchfork and touch wielding mob.
Posted by: cedarhillresident
| January 29, 2008 8:30 AM
I know, fraction keep typing the way you did it is your "signature". I have learned from your posts, so I do thank you for that. You offer a different view on things and that is very important. I how ever am on that double standards bus when it comes to immigration. Not that it is ok to break the law and boarder jump but the fact that if it was me and I had to feed my "whole family" and that way the only way...yes I would cross the boarder too.
As far as the cops being bad. I have met so many great cops in this city. Have talked to them about crime in my area. And have gotten some honest answers over the years. And I do not condone why a cop would plant something on a "known" dealer that knows the law and is getting away with criminal behavor. But I can see the frustration that would make an other wise good cop do it. The problem is the laws need to change to give cops some control over the lower level dealers that work this city. And that is my only point. I do not at all defend a cop gone bad. And I do not want bad cops in the department because it makes it harder for all the good ones. But I think (standing back and watching the whole thing) that cops have a hard job.
Posted by: Heights Resident | January 30, 2008 6:22 PM
Threefifhs
if you bothered to read, and by read I mean comprehend the article ( NY Post 01/23/08, no innocent parties were arrested, a junkie snitch informant was given $40.00 dollars and (2) pieces of crack. The drug dealing ( parasite ), was arrested. The bad part was that the cop's gave him the siezed drugs and money, which is wrong but the cop's did not profit from the arrest.
When you look at it in it's totality , greater good comes to mind, there's one less drug dealer on the street's of New York, one less parasite.
You also made reference to the movie Serpico, it was a little to Hollywood, don't you think?. The movie kinda of dragged on. For the true facts google the Warren Commision and it's findings, don't use Hollywood to make a point, unless you believe in the Terminator and think Arnold Schwartzinager (sp), is comming to get you.
Hey one last thing, why don't you think anything else was said about the informant money, right in New Haven, because the detective was cleared of any wrong doing....But you wont catch that in the liberal paper. but I bet you won't say, that cop's get targeted also..huh
Posted by: mort | January 30, 2008 9:50 PM
Would you rather see an innocent man go to prison, or a guilty man go free?
"It is better, so the Fourth Amendment teaches us,
that the guilty sometimes go free than
the citizens be subject to easy arrest."
Justice William O. Douglas
Source: Henry v. United States, 1959
Posted by: streever | January 30, 2008 11:45 PM
I tried to follow this, but I can't read 3/5ths...
You do realize that punctuation, capitalization, and most other typographic devices were invented in order to FACILITATE reading?
When you ignore them, it makes what you write an illegible mess.
Posted by: THREEFIFTHS | January 31, 2008 10:01 AM
Heights Resident
Did you read the daily news today and not that right-wing new york post,You need to read today daily news and you will see Queens cop and wife charged with turning 13 year old girl into a hooker!!! How about the good old norwalk police lieutenant arrested on charges he had a sexual relations with teenagers, How about the good old brothel house cops of madison and the list of the john cops are growing!! Are you saying that what happen to frank serpico is hollywood? Also can you tell me what the warren commision has to do with crooked cops when the warren commision is about the assassination of president kennedy!! If you would read like you said you would Find it is the knapp commission that frank serpico gave testimony on police corruption and misconduct and te knapp commission found systemic corruption in the police department.What police department in this country that you or anyone know that gives
out drugs to informants,is this being done here in new haven?By the way if the detective was cleared it would be in this paper.I stand by my statement i hate crooked cops. P.S. Streever and all If you read the beging of heights resident post if you bothered to read It should have been
If you bothered to Caps!!!
Posted by: Edward_H | February 1, 2008 10:08 AM
Threefifths
P.S. Hey Edward_H I wonder how come you have not said a thing about these crooked cops!!
I have nothing unique , entertaining or enlightening to add to this discussion that has not already been said. If someone does not think what these low life cops have done is wrong there is nothing I can write that will change their minds
or do you agree with mr. law and order height resident?
Agree with what? That some cops are bad and should be punished? Who can argue with that?
I would be very interested to read the letters of support from other New Haven Police officers for Jose Silva. Just out of curiosity I wonder how they justify his criminal actions. Why is it so many cops do not realize Silva and other like him make their job harder? Does anyone else here work at a place where you send letters of support when your co-worker purposely breaks the rules and messes up?
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