Windsor Humanist Society

August 4, 2007

The Thin Blue Line: Suspended drug squad officer faces charges

Filed under: Uncategorized — moderator @ 11:56 am

A disgraced Windsor-born Toronto cop facing an array of corruption, assault and sex assault charges is out on bail.

Ned Maodus leaves court in WindsorOn Friday evening, after a lengthy hearing presided by Justice Richard Gates, 44-yearold Ned Maodus was released from custody for the first time in five months.

“I’ll win,” said Mr. Maodus when asked his opinion of the charges that remain levelled against him in several jurisdictions across the province.

The former member of the Toronto police drug squad would not offer further comment about his time in jail, but acknowledged he will now be living with his 81-year-old mother in her downtown residence.

“Which is where he was residing before all this ‘in custody’ stuff,” said Mr. Maodus’s lawyer Patrick Ducharme.

Mr. Ducharme said he was “very happy” with the outcome of Friday’s bail hearing, and stressed that his client is not a danger to the public. “Absolutely, the public has nothing to fear. This man has been a police officer for 20 years.”

According to Mr. Ducharme, Mr. Maodus has suffered in custody, especially during two months at Maplehurst Correctional Complex where he lived in “deplorable conditions.”

Mr. Ducharme said Mr. Maodus was confined to a cell with “bodily substances on the wall” and was forced to sleep on a mattress only a half-inch thick.

Mr. Ducharme said the Maplehurst cell measured seven feet by seven feet in floor space, and the cramping aggravated Mr. Maodus’s osteoarthritis. “He’s six foot three. He used to weigh 200 pounds. He now weighs 170 pounds. He’s lost 30 pounds in custody.”

Smoking a cigarette as he left the Superior Court of Justice in Windsor, Mr. Maodus would not speak about his jail conditions, but indicated his thin frame — still clad in prison issue clothes.

Mr. Maodus has been held since March 12 when he was arrested for allegedly attacking his then girlfriend. He was acquitted of those charges on July 21 after the woman recanted her story, saying she “felt bad” for not telling the truth.

In March, Mr. Maodus was also acquitted of charges stemming from an alleged road rage incident in 2005, due to the lack of believability in the complainant’s testimony.

Mr. Ducharme said he expects more of the charges against Mr. Maodus will turn out favourably for his client.

According to Mr. Ducharme, at least half of the approximately 40 total charges against Mr. Maodus have already been or will soon be materially affected or dismissed.

“The fact is, he’s facing far fewer charges than he was before,” Mr. Ducharme said.

Mr. Maodus is one of six Toronto police officers who have been charged as a result of an RCMP probe into alleged corruption in the Toronto police drug squad.

But Mr. Ducharme said he believes several of those corruption-related charges will be dismissed or withdrawn after Justice Casey Hill’s ruling last week that drugs and guns allegedly found in Mr. Maodus’s Orangeville home aren’t admissible as evidence due to a “very, very serious breach of (Maodus’s) constitutional rights.”

Mr. Ducharme said there are “stringent conditions” attached to Mr. Maodus’s bail. A total surety of $45,000 was posted for Mr. Maodus’s release.

Along with living in his mother’s home, Mr. Maodus must regularly check in with a police officer when he’s in Toronto for court appearances.

“He’s essentially under house arrest,” Mr. Ducharme said.

Asked how Mr. Maodus was feeling after Friday’s bail hearing, Mr. Ducharme replied: “I’ve never been kissed by a client. He kissed me three times.”
…this post forwarded by a Windsor Humanist, Alexander Hodgins, after an August 4, 2007 article by Dalson Chen in The Windsor Star

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  1. Update – February 1, 2008 from Windsor Star Staff & Canwest News Service

    Judge tosses Maodus corruption charges

    A Windsor man and suspended Toronto police constable was one of six officers to go free Thursday after a judge threw out corruption charges, citing a 10-year delay in bringing their case to trial and sharply rebuking the Crown for what he called “the glacial progress of this prosecution.”

    Ned Maodus, 44, returned from Toronto to his mother’s Windsor home Thursday evening where he is serving a c o nditi o nal sentence after pleading guilty to unrelated assault and weapons charges last August.

    “It came to the proper conclusion today,” said Maodus’s Windsor lawyer Patrick Ducharme, who was anticipating a trial of six to eight months and now has a big hole in his usually busy Windsor law schedule.

    “These guys have been much maligned for six years by the people they worked with.”

    Maodus and five fellow officers were investigated as part of the longest and most expensive police corruption probe in Canadian history, and at a cost of more than $3 million.

    In August Maodus was sentenced to two years less a day after pleading guilty in an Orangeville court to assault causing bodily harm, threatening and pointing a firearm. The same month in Windsor Maodus was acquitted of assault in another unrelated case where his alleged victim, a former girlfriend, recanted her story.

    Last month in Toronto Maodus was convicted of trying to solicit a prostitute who was actually a Toronto police officer. He is to be sentenced in March.

    Maodus and the other officers had been suspended with pay by Toronto police since their 2004 arrests, but police stopped paying Maodus last spring.

    Ducharme said he would discuss Maodus’ future with Toronto police with his client in the coming days.

    He said Maodus is happy the charges have been stayed, but he is unhappy that his late father did not live to see his son’s name cleared in the case.

    Justice Ian Nordheimer, of Ontario Superior Court, stayed a total of 29 charges against the officers, all former members of the Toronto police drug squad.

    “I repeat that no explanation for the glacial progress of this prosecution has been offered,” the judge said, reading his three-hour ruling in court.

    “In the absence of such an explanation, given the amount of time that has passed … I have concluded that the delay in this case is unreasonable and constitutes a violation of each of the (defendants) rights under … the charter.”

    The officers had applied to the judge to throw out the charges, citing the charter’s guarantee of their right to be tried “within a reasonable time.”

    Their trials were set to begin this month, more than four years after they were charged and nearly 10 years after the investigation began into allegations of corruption on the Toronto police Central Field Command drug squad.

    RCMP task force

    Maodus, Staff Sgt. John Schertzer, Const. Steven Correia, Const. Joseph Miched, Const. Raymond Pollard and Const. Richard Benoit were charged after an RCMP-led task force conducted the investigation.

    They were accused of obstruction of justice, attempt to obstruct justice, perjury, assault causing bodily harm, extortion and theft for allegedly falsifying their notes and internal police records, giving false testimony in court and to obtain search warrants and failing to account for evidence seized from crime scenes, such as drugs or money.

    All the allegations involved confidential informants and drug dealers, at least one of whom alleged he was assaulted by the police in an effort to obtain information.

    The officers had earlier been charged with several other counts related to alleged corruption involving a fund to pay police informants, but those charges were also dropped.

    When the judge announced his ruling, at the end of a long, intricately detailed set of legal reasons, the six officers and a small group of their family and friends gave a collective gasp of relief and hugged each other and their lawyers.

    Nordheimer laid the blame for almost all of the delays on the Crown prosecutors in the case, citing their failure to disclose evidence to the defence lawyers for months or even years after the six officers were charged.

    Some of the accused officers are still facing internal charges, but spokesmen for the Toronto police would not say what will happen with those charges.

    Crown prosecutors have 30 days in which to decide whether or not to appeal the ruling.

    Chris Bentley, the Ontario Attorney General, said prosecutors were reviewing the decision and he would not comment on the specifics of the case.

    Dave Wilson, the president of the Toronto police association, said the force must now start thinking about reinstating the accused officers who are still members of the police force.

    In 2003 the officers sued top police officials, including then-chief Julian Fantino, Crown prosecutors and provincial ministers for malicious prosecution.

    The lawsuit is pending.

    Comment by moderator — February 1, 2008 @ 12:07 pm | Reply

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