To the Editor:
Wildwood Police Department, Why doesn’t Lt. Richard Adair use a recorder as required?
On Thur., Sept. 09, 2010, I was traveling south on Atlantic Avenue and stopped at Glenwood Avenue to receive a cell phone call. While talking, I observed two police vehicles in the parking lot across from St. Ann Church. After my conversation was completed, I proceeded south on Atlantic Avenue to my residence on Spencer Avenue.
I became a community activist and forced the resignation of two appointments to the Wildwood Planning and Zoning Board who were serving on the board in violation of state law. Adair was one of those appointments.
Under color of law, I believe I was illegally targeted, stopped, detained, and issued a motor vehicle summons for failure to use my turn signal by Adair of Wildwood Police Department. I am a retired 22-year veteran of the Philadelphia Police Department and a retired Air Force chief of security forces with over 42 years of active duty and Reserve service.
After I was issued my motor vehicle summons, I submitted an Open Public Records Act (OPRA) request for the digital video recording for Adair’s vehicle investigation. None was produced by Adair in violation of departmental policy.
An OPRA request was then submitted for digital video and audio recordings for Patrolman Geoffrey Chiumento who was the backup officer for Adair during my stop. I received seven disks for his tour of duty that day.
I also obtained a copy of WPD report GCNo. 2010-030949 submitted by Adair. He stated in his report that he first observed my vehicle “…in the area of Glenwood and Atlantic avenues as it entered into traffic without using a turn signal.”
It seems he followed me eight blocks to Spencer Avenue and then he reports “…suddenly made an abrupt right turn at Spencer Ave. to head west on Spencer Avenue. The driver did not signal this turn in any manner as required by Title 39.” He noted that there were a number of other vehicles and pedestrians in the immediate area at the time, due to the location and that the city was hosting a very large motorcycle event.
A review of Chiumento’s DVR disputes these facts. The tape is eight minutes and 31 seconds. As the backup officer approached the intersection, it is empty. During that time, two pedestrians and two vehicles are observed traveling west on Spencer Avenue from Atlantic Avenue and one vehicle is observed traveling east on Spencer Avenue toward Atlantic Avenue.
At the conclusion of the stop, on the tape Adair is observed entering into traffic on Spencer Avenue without using his turn signal and proceeded to make an abrupt U-turn without again using any signal. The videotape is clear evidence and in direct conflict with Adair’s written report.
MICHAEL DELLAVELLA
Wildwood
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