Wednesday, May 18, 2022

Cover Up: City Solicitor Seeks To Seal Depositions Of 2 Top Cops

"I humbly apologize . . ."
By Ralph Cipriano
for BigTrial.net

The city solicitor's office is asking a federal judge to seal in a civil case the videotaped depositions of former Deputy Police Commissioner Dennis Wilson and current Deputy Police Commissioner Christine Coulter.

The request for a seal order is in furtherance of a two-year-old cover up propagated by Mayor Kenney and Police Commissioner Outlaw regarding who made the final decision to drop tear gas on George Floyd protesters in 2020 who were illegally blocking the Vine Street Expressway during rush hour. 

In an April 4th deposition in an ongoing civil case in U.S. District Court, Derrick Jacobs v. City of Philadelphia et al, former deputy police commissioner Wilson revealed that he took a voluntary demotion and $26,000 a-year pay cut over the 2020 decision to drop tear gas on the protesters because "the heat . . . got too much for the city."

At a 2020 press conference, Wilson claimed under duress that the decision to deploy tear gas on the Vine Street Expressway was made by him and him alone. But in his April 4th deposition, Wilson admitted that "Everyone [in the police department] knew that decision was going to be made." 

And everyone, Wilson testified under oath, included Police Commissioner Outlaw, whom Wilson had just talked to on a cell phone "immediately before" the tear gas was deployed. 

During her deposition, Deputy Police Commissioner Coulter was asked some pointed questions about the indictment and arrest of former Staff Inspector Joseph Bologna, who was fired for allegedly hitting a protester in the head with his metal baton. 

And during her deposition, Coulter stated that Bologna did nothing wrong, and he was merely following orders and proper department procedures during the George Floyd riots. Further, Coulter stated that the protester in question had actually interfered with an arrest, and had also stolen Bologna's baton.

But rather than allow the public to hear and see what Wilson and Coulter had to say, the city solicitor's office under Mayor Kenney wants to declare those two depositions confidential, and prohibit former homicide detective Derrick Jacobs from further discussing those depositions with bigtrial.net.

In the Jacobs case, the city solicitor on May 11th filed a motion that "respectfully request this Court to enjoin Plaintiff from disseminating deposition transcripts or discussing or disseminating deposition testimony prior to the Order following the hearing regarding Defendants’ Motion for a Protective Order."

A hearing called on whether the judge should grant the protective order has been canceled twice by the court. The city solicitor's office is now asking Judge Joel Slomsky to grant the protective order without bothering to hold a hearing, where the media could attend and Jacobs could object.

In previous motions to the judge, the city solicitor's office has contended that excerpts from Wilson's deposition testimony previously published on big trial.net were allegedly used to "harass, annoy and/or intimidate" former deputy police commissioner Wilson.

The city solicitor's office has similarly argued that if Coulter's deposition was excerpted on bigtrial.net, it would expose Coulter to"harassment and undue distress."

To which, Big Trial would like to make two points.

A. The city solicitor offered no proof to back up those allegations.

B. During his deposition,Wilson was specifically asked if he was a regular reader of bigtrial.net.

And Wilson replied that he was.

"You do not recall Plaintiff Jacobs and yourself discussing an article that was written in bigtrial.net in your office?" Jacobs asked Wilson.

"I don't recall discussing that. I do read those articles on Twitter," Wilson replied. "I --- I do like those -- those articles so I do read them. I wouldn't dispute that if you said we had a conversation about it. But I don't remember that."

"Have you reviewed any articles in bigtrial.net regarding Plaintiff Jacobs that you disagreed with?" Jacobs asked Wilson.

"Again, I don't specifically remember reading any articles," Wilson replied. "I probably did. But when they come off --- he --- he don't write many. When they come up I read them. They're all about the Philadelphia Police Department."

Got that? 

Wilson wants Big Trial to write more blog posts about the Philadelphia Police Department, not less.

Gee thanks, Mr. Wilson.

Wilson's testimony dovetails with what a previous commanding officer had to say on the witness stand in another ongoing case over Outlaw's firing of former SWAT team member Richard Nicoletti, who was following her orders and using pepper spray on protesters, to clear the Vine Street Expressway.

Last October, Inspector Winton Singletary, the commanding officer of the SWAT team who was at the Vine Street Expressway on June 1, 2020, testified in Philadelphia Common Pleas Court about what happened that day.

On the witness stand, Singletary testified that before the tear gas canisters were launched, he was aware that former deputy Police Commissioner Wilson was in "constant contact" that day with the "on-site incident commanders," whom Singletary identified as Outlaw and Kenney.

Singletary further testified that he heard Wilson say over police radio that he had received final approval to tear gas the protesters, an approval that Singelary said came not only from Outlaw, but also the mayor.

The bottom line is in publishing the Wilson and Coulter depositions, the only people who are going to be harassed and annoyed, or subject to undue distress, are a couple of known liars and cover-up artists -- Mayor Kenney and Police Commissioner Outlaw.

Speaking of Outlaw, the city solicitor's office also wants to prohibit Jacobs from deposing the police commissioner because it would allegedly place "an undue burden" on our top cop known as "MIA" among the troops, as in Missing In Action.

Outlaw, the city solicitor contends, "is not a party to this case" and possesses "no unique information" about it.

"As the head of one of the largest Police Departments in the United States, the Police Commissioner is tasked each day with resolving complex issues that impact the millions of people in who live in and around Philadelphia," the city solicitor wrote on Jan. 26th.

 "To subject her to Plaintiff’s deposition so he can engage in, presumably, a line of questioning and interrogation that would not relate in any manner to the case at hand is unduly burdensome and completely disconnected from any potential issues that may be put forth to a jury should this case reach trial."

"Moreover, in her role, [Outlaw] is afforded special protections to prevent this precise form of harassment and cannot be forced to testify in every case that involves payroll issues within the Philadelphia Police Department."

Wilson's deposition was made in federal court, where former homicide detective Jacobs is suing the city and the Philadelphia D.A.'s office. In the lawsuit, Jacobs charged that the D.A. initiated a grand jury investigation against him after Jacobs exposed what he contended was a corrupt prosecution of former Police Officer Ryan Pownall.

The cop-hating Krasner indicted Pownall for murder, after an internal investigation that Jacobs was involved in cleared Pownall in a white-on-black police shooting. Jacobs, who is black, says he was threatened with arrest and indictment by the D.A.'s office when he wouldn't change his story to accommodate Krasner's new story line that Pownall was a racist murderer. 

Jacobs is contending in his lawsuit that he was the victim of a constructive discharge by the Police Department, a matter handled by Wilson, because Jacobs spoke out on a podcast about corruption in the D.A.'s office. 

On the podcast, Jacobs upset his bosses in the police department by referring to the D.A.'s office under Larry Krasner as a "criminal enterprise." On the podcast, Jacobs also stated that Assistant District Attorney Tracy Tripp, whom Jacobs said threatened him with arrest, constituted a "clear and present danger" to police. 

Jacobs says he was forced to resign because he learned that the department was drawing up charges to fire him for allegedly communicating with the media without authorization, and for allegedly not complying with the police commissioner's orders and/or directives. 

The bottom line here is that Derrick Jacobs is a whistle blower sounding the alarm about a corrupt prosecution in the D.A.'s office.

And this has been the city's official response.

First, the D.A.'s office threatened to indict and arrest him.

Then, the Police Department colluded with the D.A. by forcing Jacobs out of his job.

And when Jacobs filed a federal lawsuit to protest all of that, the city solicitor is now trying to seal his depositions and gag Jacobs from talking to the media. 

All to continue a two year-old cover up to protect Mayor Kenney and Police Commissioner Outlaw, who unjustly fired former SWAT team member Nicoletti and former staff inspector Bologna for following their orders. 

They also demoted former deputy police commissioner Wilson and forced him to take a pay cut, for following their orders.

For shame. 

15 comments

  1. You have got to get these article (and your entire body of work for that matter) out to the masses. May I suggest taking out an ad in the northeast times with a QR code people can scan with phones that takes to article. Not enough people see this stuff!

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    1. This is such a great a idea! Those QR codes are perfect. Put your camera on it..bam…right to the website. DO THIS RALPH! Everyone needs to read this stuff. It needs to reach a bigger audience than just the police community

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  2. This needs to be turned over to a federal court grand jury for indictments against Mayor Kenny, Larry Krasner, Police Commissioner Outlaw and her faithful lackey Coulter whose testimony was in Bologna's favor and that is enough to get criminal charges thrown out with back bay and legal fees paid by the city so he can retire with dignity and go to his family. I wouldn't be surprised to see Coulter turn against her black mistress Outlaw and reclaim her life back!

    We need to restore the rights of Wilson who had pay cut.

    And we need to appoint a new DA to clean the messes caused by Krasner and that would be McSwain or Swain.

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    1. What we need is a state AG who is interested in reducing crime instead of covering for a fellow liberal. Lefty nutjob josh shapiro now running for governor is instead interested in pleasing every filthy rich lowlife in cali, he will let kenney and krasner do as they please. It's progressive to let rioters burn down the businesses of the middle class after all.

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  3. "harassment and undue distress."
    The oligarchs want this to be the Philadelphia Inquirer's sole, exclusive domain.

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  4. "......Outlaw, the city solicitor contends, "is not a party to this case" and possesses "no unique information" about the case....."

    Nice ethics, integrity and professionalism from City Solicitor Diana Cortes. The city's top legal representative recently attended a symposium on D.E.I.......
    city solicitor for the city of Philadelphia and the first Latina to hold that role, joins co-hosts, John Iino and Iveliz Crespo, to discuss her powerful personal story and her priorities as city solicitor, including collaborating on police reform initiatives and championing diversity, equity, and inclusion within the city’s law department. Diana also provides guidance to other government attorneys, emphasizing that championing DE&I in the legal industry is an ethical imperative.

    Ms. Cortes, honestly and genuinely I understand and appreciate the focus on Diversity, Equity and Inclusion but may I suggest and recommend that you return to the most basic principles, the foundation for all who work in public service, and they are I.E. , INTEGRITY AND ETHICS. Also, take along the City's Integrity Award winner from 2015, Daniel Cantu Hertzler, who clearly would benefit from the CEU`s in the principles of ethics and integrity

    Michael Skiendzielewski
    Captain. Retired
    PPD

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    1. As you continue your crusade to uncover the ongoing corruption in the city of Philadelphia Ralph, do not forget the past injustices of others who's stories you have written of. These blatant coverups to protect those who have so willfully injured the citizens of this city through injury/death and financial devastation via taxpayer funded payouts continue through the years. You know of what I am speaking about Ralph. I know there are current stories to expose, but this pattern of protecting those who have used their authority to damage others and the citizens seems to continue to go on unchecked. My personal experiences with these corrupt politicians, high ranking police officials, district attorneys and even judges has been written and spoken of for years with all the necessary documented evidence, yet nothing was ever done and it appears that nothing will ever be done except to continue to coverup for their misdeeds, corruption and crimes. It is unfortunate that even today some will not speak up due to the threats they receive regarding personal attacks on their reputations, professional careers, their families, their livelihoods and even their freedoms as they are threatened with arrest, prosecution and imprisonment. Perhaps someday, all will know the truth, but after years of personal injury to myself, my reputation and the suffering of my own family, I see no real effort to hold those accountable for their continued corruption/crimes.
      Derrick Jacobs is a crusader and a hero to all who have been betrayed by the Larry Krasners, Jim Kenneys and Outlaws of the world. There are many other villains I could go on and identify, such as Rufus Seth Wiiliams, Ed McCann, Jan McDermott, Tracy Tripp, Curtis Douglas and even Chuck Ramsey, but this list could go on and on as they had no issue with using their positions to try and destroy others who did not agree with their institutionalized corruption. Keep up the good work Ralph!

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    2. Williams. McDermott and Ramsey! Absolutely!! How McDermott survived Krasners initial cuts is beyond me!!!

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  5. I know personally about 5000 people who would gladly contribute to a “gofundme” for billboard space, fly-by-signs like down the shore, and/or funds needed to secure the permit for the “grand pulpit” outside city hall in order to get your voice out.

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    1. I say that we start selling "HEY LARRY" tee shirts to fund the billboards and banner planes. The we can call out the three stooges all at once.

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    2. Trashing Larry didn’t work. It actually fueled the liberals to turn out to vote while the good people were too lazy to realize how important it was. Fop needs to just get simple billboards with the murder count. And number of people shot- even survivors… people will wake up. Don’t mention any names. Everyone knows who the pos da is.

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  6. Ralph has been the ONLY real news source in this city for over ten years. The Inquirer and local news channels are a joke and a detriment to this City.

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    1. Because Commissioner Nail Polish and the Ayatollah needed a scapegoat. Chief Wilson needed a cup of GUTS . Wilson didn't have enough GUTS to stand his ground .
      He became a BITCH for Mayor Ayatollah Assahola and Police Commissioner Nail Polish . He also cover for Larry (turn them Loose ANTI FA scum bags ) Krasner .
      He could have been a Hero for Law and Order not Disorder . They wave His DROP CHECK in front of Him. He folded like a Cheap Suit . Thats call Blackmail and that's a Crime .
      Wilson needs to be put in front of FEDERAL Grand Jury . Its time He honors His oath of Office . He will not commit Perjury for Mayor Ayatollah and His Disciples .

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  7. Another angle that Jacobs didn’t mention is the fact that Coulter was on the SRB (shooting review board) that fired the officers who were justified, but because they were fatal incidents, the PPD played the PR game with their careers. WHILE AT THE SAME TIME, clearing EVERY single other police shooting non-fatal armed and EVERY UNARMED. So does the medical result determine justification? Or just more big city politics destroying lives. Coulter is just as bad and any other deputy who was on the shooting review board. Clearing every single unarmed non fatal just proves it.

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    1. I’ll piggy back this since you left him out….Krasner has cleared every single one of those unarmed non fatal shootings as well! Since the defendants survived…wouldn’t make any noise in the news. It’s sad. Because like you said…the medical outcome doesn’t determine the officer’s justification in a split second to make a life or death decision. Shame on supervision for forgetting how plenty of officers have been shot/killed in situations close or identical to the officers being charged were in.

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