QUOTE OF THE DAY: "These predilections and abuses were well known among other officers and supervisors within the Kansas City, Kansas, Police Department,” Vratil’s ruling reads. “They knew — and even joked about — Golubski’s practice of arresting black prostitutes, forcing them to have sex (often at the precinct house itself) and then releasing them without pressing charges.”
Allegations against Golubski in the McIntyre lawsuit are supported by sworn claims by others. As one example, retired FBI agent Alan Jennerich said in an affidavit submitted as part of McIntyre’s motion to vacate his homicide conviction that he was assigned to investigate the KCKPD in the late 1980s and early 1990s and learned, among other things, that Golubski extorted sexual favors from black women who felt compelled under the threat of arrest."
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PASSAGE OF THE DAY: "A judge ordered McIntyre in 1995 to serve two consecutive life sentences for the killings of Quinn and Ewing. A key eyewitness in the case came forward a year later to recant her testimony that placed McIntyre at the crime scene. McIntyre’s lawsuit points to a Kansas City, Kansas, drug kingpin as the perpetrator of the Quinn and Ewing killings. Golubski’s actions were alleged by McIntyre to fit into a wider pattern of the detective’s exploitation and sexual extortion of black women in Kansas City, Kansas’ most impoverished neighborhoods and the subsequent manipulation of his victims to provide fabricated evidence to close his police cases. McIntryre alleged, and Vratil incorporated in her ruling, that KCKPD officers knew about Golubski’s behavior and did nothing to stop it. "
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STORY: "Judge’s ruling lets KCK (Kansas City Kansas) police corruption lawsuit by wrongfully convicted man proceed, by Steve Vockrodt, published by The Star on March 04, 2020.
GIST: "A Kansas City, Kansas, man accusing a former high-ranking police officer and others of framing him for a 1994 double-homicide he did not commit can proceed with key claims in his lawsuit against them, a federal judge ruled this week. Lamonte McIntyre, whose murder convictions and 23 years spent in prison were declared by a Wyandotte County district attorney in 2017 as a “manifest injustice” before freeing him from custody, can proceed with a civil lawsuit that makes allegations of corruption by Kansas City, Kansas, Police Department officials. U.S. District Court of Kansas Judge Kathryn Vratil on Tuesday refused the defendants’ request to dismiss many of McIntyre’s claims against the Unified Government of Wyandotte County/Kansas City, Kansas and police officers involved in an investigation that resulted in his wrongful conviction.
McIntyre went free in 2017 after his lawyers presented a case that claimed KCKPD officers manipulated eyewitnesses, prepared police reports with fabricated information and otherwise conducted a poor investigation to pin the murders on a then 17-year-old defendant. McIntyre was awarded $1.5 million in compensation and a certificate of innocence last month for his mistaken conviction.
McIntyre went free in 2017 after his lawyers presented a case that claimed KCKPD officers manipulated eyewitnesses, prepared police reports with fabricated information and otherwise conducted a poor investigation to pin the murders on a then 17-year-old defendant. McIntyre was awarded $1.5 million in compensation and a certificate of innocence last month for his mistaken conviction.
“We are very pleased that the District Court has determined that Lamonte McIntyre and Rosie McIntyre are permitted to proceed with their case against all defendants,” said Cheryl Pilate, an attorney representing McIntyre, in a statement. “Lamonte and Rosie suffered enormously through the 23 years of Lamonte’s wrongful incarceration, and they look forward to presenting their case to a jury.” Vratil’s ruling adopts key claims in the lawsuit against Roger Golubski, a former KCKPD detective whose alleged slipshod investigation was central in obtaining a conviction of McIntyre for the April 15, 1994, killings of Doniel Quinn and Donald Ewing in a parked car in Kansas City, Kansas. Rose McIntyre alleged in a lawsuit that Golubski in the late 1980s demanded she allow him to perform oral sex, lest he cause trouble for her and her then-boyfriend. Rose McIntyre alleges she went to the KCKPD station the following night and was brought to Golubski’s office, where she was again threatened with arrest if he wasn’t allowed to perform oral sex. As the alleged assault took place, Rose McIntyre claimed in the lawsuit, another KCKPD officer opened the door, saw what was going on and left without saying anything and no other officer at the station intervened. Rose McIntyre rejected Golubski’s subsequent advances and claimed that the detective would later frame her son for the 1994 double murder as retaliation. A judge ordered McIntyre in 1995 to serve two consecutive life sentences for the killings of Quinn and Ewing. A key eyewitness in the case came forward a year later to recant her testimony that placed McIntyre at the crime scene. McIntyre’s lawsuit points to a Kansas City, Kansas, drug kingpin as the perpetrator of the Quinn and Ewing killings. Golubski’s actions were alleged by McIntyre to fit into a wider pattern of the detective’s exploitation and sexual extortion of black women in Kansas City, Kansas’ most impoverished neighborhoods and the subsequent manipulation of his victims to provide fabricated evidence to close his police cases. McIntryre alleged, and Vratil incorporated in her ruling, that KCKPD officers knew about Golubski’s behavior and did nothing to stop it.
“These predilections and abuses were well known among other officers and supervisors within the Kansas City, Kansas, Police Department,” Vratil’s ruling reads. “They knew — and even joked about — Golubski’s practice of arresting black prostitutes, forcing them to have sex (often at the precinct house itself) and then releasing them without pressing charges.”
Allegations against Golubski in the McIntyre lawsuit are supported by sworn claims by others. As one example, retired FBI agent Alan Jennerich said in an affidavit submitted as part of McIntyre’s motion to vacate his homicide conviction that he was assigned to investigate the KCKPD in the late 1980s and early 1990s and learned, among other things, that Golubski extorted sexual favors from black women who felt compelled under the threat of arrest.
Morgan Roach, an attorney representing Golubski, declined to comment on Vratil’s ruling. Golubski, in his only known public comments about the McIntyre allegations contained in a 2017 article in The Pitch, denied misconduct. Golubski went to work for the Edwardsville Police Department in 2010 after retiring from the KCKPD, but no longer works in Edwardsville. Vratil, in ruling on a motion to dismiss, takes a plaintiff’s allegations as true for the purpose of deciding whether they’re enough to support a legal claim. Vratil overruled Golubski’s claim that he had qualified immunity, which is to say that as a government official, he can’t be held liable for civil damages unless a plaintiff can show their conduct violated a statutory or constitutional right. Vratil also rejected as frivolous arguments made by other officers named in the lawsuit who said McIntyre had not alleged they acted with malice when they manipulated an eyewitness to identify McIntyre in a police lineup. Vratil did, however, rule the Unified Government could not be held liable for punitive damages in the McIntyre case."
The entire story can be read at:
https://www.kansascity.com/news/local/article240869481.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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