‘Blue wall of silence’ crumbles
In Janet Hawkins’ resisting arrest case, former officer treated like just another ‘angry’ Black woman
BY JAMES HARPER
DAYTONA TIMES
Janet Hawkins believes there were several factors going against her during her resisting arrest trial last week at the Justice Center in Daytona Beach.
Janet HawkinsShe is Black, female, and she was facing an all-White jury.
Another factor going against her that seemingly should have been in her favor is that she is a former Daytona Beach Police officer.
Unlike what is seen in the movies, the so-called “Blue wall of silence” came tumbling down as one officer after another testified against Hawkins on April 21.
The “Blue wall of Silence” is an unwritten rule among police officers in the United States not to report on another colleague’s errors, misconducts or crimes.
Officers testify
In September 2009, Hawkins was arrested on a felony charge of resisting arrest with violence and misdemeanor charges of resisting arrest without violence and careless driving.
The jury only found her guilty of resisting arrest without violence.
Two of the officers testifying against her were from the neighboring Holly Hill Police Department – Walter Melton and Rommel Scalf. The other officer was Lt. James Newcome from the Daytona Beach Police Department (DBPD).
Hawkins also had officers testifying on her behalf, including retired Sgt. Robert Smiley of DBPD. The officers testifying against her were White while those testifying in her favor were Black.
There are more than 270 police officers with the DBPD, but among spectators in the courtroom, a Daytona Times reporter counted only two DBPD officers who came to support Hawkins.
How it started
Hawkins’ concern for her son on Sept. 22, 2009, was the beginning of her fall from grace.
She was fired Dec. 4, 2009, after almost 15 years with the DBPD.
“The reason they cited was because I was untruthful, professional misconduct, I was arrested and I caused department morale to go down. Even the termination paperwork says ‘No Disciplinary History’ ” Hawkins told the Times this week.
The incident that led to Hawkins’ firing involved her son, Brandall, who was visiting friends at the Holly Point Apartments in Holly Hill on Sept. 22, 2009.
When he arrived at the apartment, a number of his friends, according to testimony, were being harassed and arrested by Holly Hill police officers.
Heeded son’s call
Holly Hill’s Melton was on the scene at the apartment and testified during Hawkins’ trial.
Brandall called his mother who told him to leave the apartment scene. Hawkins testified that she overhead Melton talking to her son before the phone went dead. That worried her so she left her Ormond Beach home to go to the Holly Point Apartments.
Melton said in court that he was told by Brandall that his mom was on her way. The Holly Hill officer also said under cross-examination that Brandall told Melton he didn’t have to tell him sh..”
“I told officers to arrest Brandall Hawkins,’’ said Holly Hill Police Officer Rommel Scalf, who testified that he was asked to assist at Holly Point Apartments by a shift supervisor.
“I didn’t have anything to do with the arrest (of her son),” said Scalf, when asked by the prosecutor during the trial.
Son’s arrest
However, on cross examination by Hawkins’ attorney Gail Graziano, a former Volusia County circuit judge, Scalf changed his testimony and said he did direct officers to arrest Brandall.
“He attempted to incite people. He was talking on the cell phone (to his mother),” Scalf said last week on the witness stand.
But Graziano said to Scalf: “He was exercising his right to free speech.’’
On cross-examination, Scalf admitted he was told that Brandall Hawkins was the son of then officer Janet Hawkins.
Brandall was charged with disorderly conduct, trespassing and obstructing an officer without violence. Last year, a jury found him not guilty on all charges.
Mom followed
After her son’s call, Hawkins went to the Holly Point Apartments to discover that he was not there and that he had been taken to the Holly Hill Police Station.
She drove from 15th Street down Center Street to LPGA Boulevard to get to the Holly Hill station, according to testimony during the trial.
As she was driving, Hawkins said she noticed no lights behind her but she had a hunch a Holly Hill officer was near because as she pulled out of the apartment complex, she noticed a marked police car in the parking lot.
‘Are you serious?’
During cross-examination last week, Scalf said he was following Hawkins with no headlights because she was speeding but said he had no speed detection device in his car. Yet he pulled her over at LPGA and Enterprise Court.
Scalf, who has 17 years experience with Holly Hill, retired on April 1.
He said Hawkins jumped out of a red Ford Explorer and asked: “Are you serious? Are you serious? I can’t believe you are doing this.”
After giving Scalf her license, she headed back to her vehicle and was talking on her cell phone to now retired Sgt. Robert Smiley.
Scalf says he told Hawkins not to walk away from him and asked her to get in her vehicle and follow him to the Holly Hill Police station.
Hawkins said she told him she knew where the station was located and could get their on her own.
“She made the mistake of not obeying Scalf. He throws her down and breaks her cell phone. She is under arrest for not hanging up her cell phone,” Graziano said in court.
Tried to taser
In reference to Hawkins’ identifying herself as a fellow officer, Scalf said: “I gave her the option to follow me to the police station. She wouldn’t listen to me. Just because you say who you are doesn’t mean you are who you say you are.’’
On police radio, Scalf refers to a “hysterical Black female claiming to be Daytona Beach police officer.”
Melton also testified that Hawkins was “angry her son had been arrested.” He was called to the Holly Hill street scene by Scalf and later asked Melton to taser Hawkins.
Hawkins was accused of calling Melton and Scalf “corrupt and rednecks.’’
Graziano told the jury: “Words are not a crime.’’ Graziano also said that when Melton used a taser on Hawkins he did so illegally.
Hawkins’ attorney also got Scalf to admit on the stand that passive or verbal resistance from a suspect doesn’t allow an officer to use a taser.
“The taser was unsuccessful. She had him (Melton) in a wrist lock. I tripped her legs and knocked them both to the ground,” Scalf continued.
Graziano said she learned prior to the trial that Scalf had at least seven complaints for excessive use of force, which the state did not produce as ordered by the judge.
Hawkins will appeal
On the stand, Hawkins denied she resisted arrest.
Hawkins said she knew when Scalf asked her to get back into her vehicle that she had to do so. She stated that when she attempted to do so, she was arrested.
Hawkins said she also recalls Scalf saying, “Your son is a thug and you are a thug.’’
“What good am I to my son if I’m locked up?” Hawkins asked, stating that she has been stopped before by other officers and she knew the routine.
“She had the right to speak loud, cuss, express her opinion to police and not be arrested for it,” Graziano said. “A crime involves conduct, not speech. There is no evidence her speech constituted resistance no matter how offensive speech is to police office.’’
Hawkins said she does plan to fight last week’s misdemeanor resisting arrest verdict.
“I do plan to appeal the verdict I can’t say much more about that. The penalty can be up to a year in jail. As for my job, because it’s a misdemeanor I can fight for the job, but that’s on the back burner,” she added.
http://www.flcourier.com/fldaytona-times/5184-blue-wall-of-silence-crumbles
Would love a reporter to pickup this story, people need to know the truth.
Antidenial, yes she was arrested along with her first husband domestic violence with each other. I did testify to her violence, however the assistant state attorney, just keep saying I was protecting my only son. There is also a 2nd case where she showed up at a bar she & my son went to with her lover, now husband #2, started a fight with my son after drinking for a couple of hours they were drunk & started a fight of course the same assistant state attorney is doing the case & her husband punched my son twice & then my son punched him twice & he went down because he was drunk, he had 25 lbs on my son, but he was drunk. Thank God my son had about 10 friends with him. Yes she has had DCF involvement a couple of times but not this last time because she moved out of my son’s house. When we were at the last hearing she brought her now 3 year old daughter to court they didn’t expect the judge to grant another hearing for the neighbors to testify, she brought the little girl hoping to get more time on my son’s sentence. It backfired on her, while waiting outside the courtroom the little girl called to me & got her face grabbed & turned around, while in the courtroom she pointed to my son & said “dada” her husband took her out of the court.
Oh My God! I would think the fact that she had DCF issues in her past and then brought such a young little girl to a criminal hearing would not go over well. How heartbreaking that she called your son dada after all this time considering her age, and she called out to you. That must of been difficult for you. I am sure it took awhile to get to this point.
Had your son not already been sentenced? How could she add more jail time?
Admin, no he has not been sentenced because of the neighbors coming forward & before the trial the judge instructed all witnesses not to discuss the case amongst themselves, Holly Hill officers discussed the case, I & another independent witness heard them reported DA let them testifiy & tried to turn it around on me. My son is the only father that little girl knew even though he is not her father he always took care of her & she loves him so much she would always go to him rather than her mother. The reason they are trying to add years when he is sentenced is because that child was there when the alledged incident susposedly took place but on her 911 tape the child is talking in a normal voice & the mother putting on an act.
Is he on bail then? It is so sad when children are involved in these matters. The child was on the 911 tape? How long ago was this?
Admin, he is in jail since he had a trial. Yes it is very sad when children are involved at least the older child have their biological father. My son has a withheart of gold took that woman in with 3children
That really says something that the little girl remembered you and called your son dada. I guess they were not counting on that. How did that make your son feel? Just because you are the Mom does not change the fact that she has been arrested over violence and has had DCF issues.
Does your son have a private attorney or is he using a public defender?
Yes, good ol Mark Barker runs Holly Hill and the police department to the detriment of it’s citizens. It is really a good ol boy system with lot’s of complaints of corruption. The morale in Holly Hill PD has been very low for some time, and many leave for greener and saner pastures.
Holly Hill PD is very good at victimizing the victims in Holly Hill. That is terrible what your son is going through. I hope he is granted a new trial.
What was he charged with?
There is for sure a Blue wall of silence in the City of Holly Hill and would not be surprised that some would lie under oath. I have heard many stories of them lying about many incidences.
Many people wont even call Holly Hill PD when they are in trouble because they are afraid of getting poorly treated and re victimized.
Even Judge Will was horrified over Holly Hill’s behavior, that says something! Keep us posted!
Sandy9, thanks for your reply, my son was charrged with domestic battery & false imprisonment he was the one battered after he found out his fiancee was cheating on him with an old boyfriend, she attacked him at 1:30 in the morning, he called me she was flipping out breaking windows , I told my son get out of the house go accross the street & call 911, she screamed at him “You had to call mommy,you had to call mommy.” I said “Rich get out of the house now, he did & called 911, verified by his neighbors who the cops said weren’t there. The 911 dispatcher hangs up on him after he explains what happened,thegirlfriend calls 911 1 minute after he did lays it on real thick says she’s bleeding. I have copies of the 911 tapes. Having been hit by her before I know her temper. She claims she was beat for 30 minutes about the face & arms, I have copies of the pictures the police took my son has a big bruise on his face & she who testifies in court (just got copies today of part of her testimony) she punched the window out with her right fist. Now she punched the window out thru a closed blind. She had cuts to the inside of herr hand, like she grabbed a piece of broken glass & squeezed it after the fact cause you sure don’t punch a window thru a blind with your fist & cut the inside of your hand. Anyway any info y
Hi- Doreen, it is sad that there are women who get away with lying about this sort of thing. No matter how it turns out, maybe by you telling him to call police did stop the violence. God only knows how far she would have gone, considering all the broken glass and was hitting him. At least he is in one piece. I would still do everything you can to get a new trial. Good for you for going to bat for your son. Sometimes perseverance does pay off. Has he already been convicted? It sounds like it if you are seeking a new trial.
Antidenial, my son was convicted the visiting judge who heard the trial has granted a hearing to listen to my son’s neighbor who witnessed some of the events she is in tampa awaiting he daughter’s 2nd brain operation, her daughter had a tumor removed & needs more surgery, we pray for success in this surgery on 4/1/13, I also thank God his neighbors came forward. I will continue to fight for my son I’ve. Always told my kids when you’re right I’m a 100 percent fighting for you if you’re wrong you take your punishment & this time you are right and I will continue to fight to prove you are right. This is a woman who on a 12 hour shift both called her lover, text her lover while working the cardiac unit taking care of patients I have gotten the phone records that show she spent the whole 1e hour shift on the phone gets off work & meets her lover while my son is taking care of her 2 year old the 2 older kids were at their father’s none of these 3 are my son’s. And I ask over & over again what mother would leave her 2 year old child with a man she claims is violent to meet her lover. She sure knows how to plsy the system.
Damn, you are on a roll! You got the phone records of this woman showing her talking to her lover while at work? Good work! She sounds like a dangerous nut. She even hit you too? Then you would be a witness to her violence. Does she have a record? Has social services been involved with her and her kids?
It is great that the neighbors are now coming forward and they have at last granted you a hearing to hear what they have to say.
Sandy9 any info. You think might help pease contact me @ demorros7836@att.net. Thank you, will keep you posted
My son has also had several incidents with the Holly Hill Police even though he is white he has been profiled because he is a convicted felon, a home owner in Holly Hill trying to do the right thing calling for help from the Holly Hill Police which oly led to his arrest & false charges against him.and the Blue Wall of silence covering up mistakes the police made and perjury when testifying. We have another hearing on a motion for a new trial. We only hope we are granted a new trial and the truth comes out and the blue wall of silence once again crumbles.