Rogue police exists because humans are not immune from wrongdoing, says Fairfax criminal lawyer

Rogue police (RP) exist. As a Fairfax criminal lawyer, I know that it is a fairy tale to think otherwise. Police are drawn from the general population, and the general population includes people who will seriously break the rules, lie, cheat, steal and cut corners. The criminal justice system over-relies on police being completely honest, accurate, careful, and committed to their oath. So long as the Virginia criminal justice system remains so overgrown, bad apples will repeatedly arise among the ranks of law enforcement officers (LEOs). It is essential for judges, lawmakers and the rest of the population to act accordingly. This also means all the more that Virginia criminal defense lawyers need to take seriously claims by their accused clients that police planted drugs on them, stole their money, and lied about them. Former prosecutors who become criminal defense lawyers need to make sure that if they put police on pedestals as assistant commonwealth’s attorneys, now is the time to no longer elevate them.

Federal appellate judges detail the damaging actions of an RP?

Recently, the federal appellate court in Virginia — far from a liberal court — acknowledged that the lead police officer against Keyon Paylor subsequently got convicted by a jury for going rogue with racketeering, Hobbs Act robbery, and extortion. “Specifically, the jury found that Detective Hersl (1) stole thousands of dollars while arresting [a crime suspect]; (2) planted drugs on [on a suspect] in order to steal money from him and cover up his and the other officers’ misconduct on November 27, 2015; (3) robbed Antonio Santiful on November 28, 2015; and (4) targeted Ronald Hamilton on July 8, 2016, entered his house without a warrant, and stole $20,000.” U.S. v. Paylor, ___ F.3d ___ (4th Cir. 2023). In indicting Hersl, the prosecution presented the grand jury with the testimony of Paylor, who stated under oath: “Daniel Hersl came and the other two officers that was with him, they were searching me. And Sgt. Burns, he was upstairs in my room. He was searching my room, ripping my room apart, taking my drawers and stuff out. And then he must’ve found my money that I had in my drawer. He stepped out to the top of the steps and was looking at me and seeing me looking at him. Then he stepped back. And then he told the officer that went outside – they told him to bring me outside and put handcuffs on me.” Paylor. Paylor also insisted that said group of police planted a handgun near him, which led to Paylor’s conviction for being a felon in possession of a firearm.

Do I get my conviction reversed if I can prove my police officer went rogue?

We hear of police officers and crime lab drug chemists who go rogue, which hopefully will help assure that jurors and judges follow their oaths not to presume any more credibility to a police officer than in a layperson. However, even when armed with the foregoing information about detective Hersl, the federal appellate court granted no further relief to Paylor than to allow him to pursue his habeas corpus proceeding that alleged wrongdoing by Hersl, to include permitting Paylor to pursue discovery / evidence on the matter, from the prosecution.

What should I do if victimized by a RP?

If you are a victim of a rogue police officer, you are doubtful to benefit from confronting them yourself, rather than to obtain the best possible lawyer to pursue your best defense, which includes shining a light on your police officer’s misdeeds. If your potential Virginia criminal lawyer does not treat seriously your honest allegation of RP actions, think twice about hiring that attorney.

Fairfax criminal lawyer Jonathan Katz fully, fearlessly, and effectively stands up to police and prosecutors and stands up for your rights. Call 703-383-1100 for your free in-person confidential meeting with Jon Katz about your court-pending prosecution alleging a violation of the Virginia DUI, felony or misdemeanor laws.