STRIP-SEARCHES Review is slated for Warren probe

The mayor supports the law director's decision.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- An independent attorney will review the investigation into allegations that illegal strip-searches were being done by some city police officers, the law director says.
The investigation, however, will be completed by the city police department, said Greg Hicks, law director.
"I think it's best to have the matter reviewed by an independent counsel, but I don't know who we will ask," Hicks said Monday. "I also don't know when the investigation will be done. We are handling the matter very carefully, and it takes time."
Some members of the police department are trying to determine if a few of their own violated the law by performing strip-searches.
Call for outside probe
"I don't think it is right to have the police department handling this investigation," said Tom Conley, a member of the Warren Coalition, an organization consisting of minority leaders. "This should be done by an outside agency."
Conley added that on simple matters, such as when a police officer is involved in a car crash, an outside agency such as the Ohio State Highway Patrol investigates.
"The one internal report already noted that the officers violated state law, and now, by the city police investigating the criminal matter, it's saying to the public, 'I did wrong but I am going to investigate myself,'" Conley said. "I think the community would feel better if the investigation was done by an outside source."
Atty. Ken Myers, who represents two men who filed federal lawsuits stating they were illegally strip-searched by city police, agrees with Conley.
"Normally, an internal affairs department would be considered competent to handle this sort of matter, and it does appear that Lt. Joe Marhulik has done a good job on the internal reports," Myers said. "However, whatever the criminal investigation uncovered, it would still come under criticism. That criticism could easily be avoided if an outside agency does the investigation."
Mayor Hank Angelo, however, supports Hicks' decision.
"I have a lot of confidence in our law director," Angelo said. "He knows this is a very serious matter, and I believe he is trying to do what is best for the city."
Law's provisions
Courts have determined that conducting an illegal strip-search is a first-degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. Performing a strip-search without filling out a report is a fourth-degree misdemeanor, punishable by 30 days in jail and a $250 fine.
Trumbull County prosecutors say strip-searches should be done only in certain cases, and a list of procedures -- including, in many cases, getting a search warrant -- must be followed.
Information from an internal police-department investigation indicates some officers assigned to patrol the Trumbull Metropolitan Housing Authority were routinely conducting strip-searches on suspects taken to the police station.
One officer assigned to the unit told Marhulik, an internal-affairs detective, that Sgt. Robert Massucci ordered him to conduct the searches, but Massucci denies giving such an order.
Massucci has said previously he often asked people he arrested to remove their clothes so he could check for contraband in case they went to jail. Massucci noted that some people try to hide illegal drugs in their private area.
Previous report
In July, The Vindicator reported that patrol Officer Tim Parana acknowledged routinely conducting body-cavity searches and strip-searches on male suspects in minor crimes, according to an internal police investigation.
That internal investigation was started because of a complaint by TMHA resident Dominic Gambone, 25, who lived on South Project Street Southeast when he was arrested in February 2002 on charges of driving under suspension and driving slowly.
Gambone had alleged he was taken to the police station by patrol officers Parana and Robert Trimble and strip-searched in a holding cell.
sinkovich@vindy.com