View Full Version : Cop gets screwed by thought police
About New York
The Officer Who Posted Too Much on MySpace
By JIM DWYER
Published: March 10, 2009
In pictures, Vaughan Ettienne is a champion bodybuilder of surreal musculature. In conversation, he is polite and thoughtful.
And in the looking glass of his computer screen, he becomes a man of fierce, profane views on how to keep law and order. A few weeks ago, he posted a description of his mood on a MySpace account. “Devious,” he wrote.
The next day, a man accused of carrying a loaded gun would go on trial in State Supreme Court in Brooklyn — and in large part, the case rested on the credibility of Vaughan Ettienne, bodybuilder, Internet user and arresting officer.
What seemed like a simple gun possession case became an undeclared war over reality: Was Officer Ettienne a diligent cop who found a gun after chasing an ex-convict weaving through traffic on a stolen motorcycle? Or was his story a “devious” facade in keeping with the ruthless character he revealed on social network Web sites?
“You have your Internet persona, and you have what you actually do on the street,” Officer Ettienne said on Tuesday. “What you say on the Internet is all bravado talk, like what you say in a locker room.”
Except that trash talk in locker rooms almost never winds up preserved on a digital server somewhere, available for subpoena. The man on trial, Gary Waters, claimed that Officer Ettienne and his partner stopped him, beat him and then planted a gun on him to justify breaking three of his ribs.
Suddenly, Officer Ettienne was being held to the words that he wrote in cyberspace.
Besides the “devious” mood setting, the jurors learned that a few weeks before the trial, the officer posted this status on his Facebook page: “Vaughan is watching ‘Training Day’ to brush up on proper police procedure.”
That referred to a 2001 movie starring Denzel Washington as a narcotics detective who pillaged and plundered Los Angeles. “The defense lawyer brings up ‘Training Day’ — like I was trying to emulate Denzel,” Officer Ettienne said. “He ties the defense to the story in the movie. It was a masterful piece of fantasy — but it was one that the jury bought.”
In fact, Mr. Waters, on parole from a burglary conviction when he was arrested, beat the most serious charge, the felony possession of a 9 millimeter Beretta and a bagful of ammunition. He was convicted of resisting arrest, a misdemeanor.
When the case started, the defense was going to focus more on what was in the officer’s body than on his mind. Officer Ettienne had been suspended for using steroids — legally, he says, with a doctor’s prescription. The defense lawyer, Adrian Lesher of the Legal Aid Society, argued last year that steroids might have created irrational rage in Officer Ettienne.
Then Mr. Lesher tracked down comments Officer Ettienne had made on the Internet about video clips of arrests. An officer should not have punched a handcuffed man, Officer Ettienne wrote. “If he wanted to tune him up some, he should have delayed cuffing him.”
He added: “If you were going to hit a cuffed suspect, at least get your money’s worth ’cause now he’s going to get disciplined for” a relatively light punch.
“I’m not going to say it was the best of things to do in retrospect,” Officer Ettienne said. “You want to run your mouth with the best of them. As the lawyer Ron Kuby says, stupidity on the Internet is there for everyone to see for all times in perpetuity. That’s the case for me. There were hundreds of comments I made that were positive.”
Officer Ettienne said he has never been disciplined for brutality.
From the defense side, the mouth-running was a gift outright. “It supported our theory of the case — this guy was motivated to cover up his use of excessive force,” Mr. Lesher said.
The prosecutor, Kevin James, tried to persuade the judge, Joel M. Goldberg, that remarks like the one about “Training Day” had nothing to do with the arrest. “It goes into artistic interpretations to a movie, directorship, actors,” Mr. James said.
“I don’t think it’s enlightening.” The judge replied, “If you want to redirect and the witness says I liked it because of the cinematography, he can say that.”
Officer Ettienne said he is now being careful to mask his identity on the Web and that he has curbed his tongue because of the acquittal. “I feel it’s partially my fault,” he said. “It paints a picture of a person who could be overly aggressive. You put that together, it’s reasonable doubt in anybody’s mind.”
http://www.nytimes.com/2009/03/11/nyregion/11about.html?_r=3
Whether we like it or not that is the reality of he world we currently live in. I know several LEO's and ex LEO's that got in trouble for some shit posted on the web. The average non LEO does'nt want or need to know that we even watched Training Day, let alone joke about it being a training film.
He didn't get in a bind for his thoughts, he got in a bind for his immature actions, ie; posting shit for everybody to see. And the steroid use..........yea, right. As cops we don't believe stupid shit, then we expect the public to.
It sounds like he was a little slow on the uptake of opsec and persec.
A friend of mine was told that if he wanted to contintue to work for St. Louis PD, he had to remove his Myspace account and any internet conversations the he might have on open forums must be kept completely anonymous. My brother was told the same thing when he joined Austin PD. They haven't hit me yet with the Department of Interior, but it is only a matter of time.
A lot of people wonder why many of us don't use our real names around here. A lot of cops can't be open and honest about a lot of our views unless we remain anonymous.
He's not getting screwed, his being held accountable for poor judgement.
Stay off Myspace, Facebook, et al, unless you'd be proud to have what's written there read aloud in court.
Be careful elsewhere, even where there's a perceived anonymity.
LE applicants in most places are now being required to disclose email accounts, social networking pages, forum IDs, and other related info as part of the application and continuing background process. There should be no surprises.
Heavy Metal
03-14-09, 12:32
I have no Facebook account and do not want one.
If I had one, work or hobbies would never be discussed.
Hell, since I went back into our enforcement section, I have to be careful who is sitting nearby when I am at the Arbys or Subway with a co-worker discussing active cases and make sure and redact any names or too specific locations.
Never know when it is a co-worker of the guy I am citing or a legislator friend of his or a lawyer sitting nearby.
it's a two part package.
Don't put anything on the net that you don't want your boss, clients, supporters, or detractors to see, because they will find it.
LEO's are held to higher standard period. it's a blessing and a curse. Lol how many times do LEO's tell people: "jeez that was an incredible display of idiocy; just what in the helll were you thinking?" For any LEO that has a myspace page for facebook page, the same thing could be said.
Sorry but have to extend that idea a bit further. For anyone here that is participating with a quasi-LEO website named "Policelinks", pls be extremely careful. The site is organized and funded by the same person that built Monster.com and also is a fanatical gun control individiual. an LEO linked me to that site and after watching the site for two days, I immediately tried to back out and close my account, put them on my scam list and tried to block all gigo routes. many others are doing the same. So use caution if you are at that site.
ps.........didn't mean to threadjack, and if needed, this post can be deleted.
1859sharps
03-14-09, 14:34
This is a good wake up call. A lot of LEO still do not understand the internet/computers at a level they need to.
If you learn nothing else about the internet/computers, learn this.....once an electronic record gets into to the "wild" odds are it will be around forever. And more importantly...It can and will be found.
Yahoo/Google/Hotmail etc...all free mail services...NOT SECURE. they are not going to fight a court order for your records. Same goes for Facebook, myspace etc.
Another thing to understand (assuming you do not) is services like Facebook/myspace by default are designed to share your life with the WORLD.
I know it might not seem related, but if you really want to see this in action, go over to http://www.groklaw.net/ and read up on the SCO vs IBM case. Even if you do not understand all the geeky aspects of that case, the lesson is how copies of electronic evidence was still available after it was assumed to no longer exist.
How about this one I've been following on a 1911 forum.
http://www.news-journalonline.com/NewsJournalOnline/News/Local/newFLAG02030609.htm
It's a story about how a SWAT officer shot himself in the leg while reholstering his 1911 during a training day.
Initial responses to the story were supportive of the officer..."Accidents happen, etc..."
This prophetic comment was made...
To read some of the responses to the article, you would think that if you are an expert, it could never happen to you.
A dash of ignorance, a measure of arrogance, and a pinch of cockiness = accident waiting to happen. ...before this link to a YouTube video the officer made of himself was posted:
http://www.youtube.com/watch?v=W3y97F_xv1g
After watching the video and developing a less supportive opinion of this officer, I noticed he had his own website listed in the credits (yes his self-made YouTube video had credits) at the end of the vid.
http://www.szaboinc.com/
Now once the YouTube video and this guy's webpage selling knives and "Tactical Gear" (you'll especially love the gloves with the rear view mirror on them so you can "watch your 6") came out, the tenor of the comments suddenly turned from being supportive to ridiculing the guy.
Now, no one on that website knows this cop as far as I know, but just one little thread like that with the videos it now contains was enough to turn the wave of public opinion against this guy. Maybe he's an alright guy but he certainly isn't someone I'd really be wanting on a SWAT team based on the things HE HIMSELF POSTED.
My dad used to tell me, "Don't do something unless you wouldn't care if Jesus himself was standing right next to you while you do it." Now it should be, "Don't do something and post it on the internet unless you really want it to screw up your life!"
I always say don't put anything online you wouldn't want to see on the 6 o clock news.
It is just amazing the things that people put online of themselves.
CarlosDJackal
03-14-09, 19:10
If I were to describe cyberspace in one word, it would be: DISCOVERABLE.
I'd say me stepped all on himself, wearing golf shoes. The intent can be totally fiction, however what is written carries alot of weight. Red.
I'd say he stepped all on himself, wearing golf shoes. The intent can be totally fiction, however what is written carries alot of weight. Red.
Heavy Metal
03-14-09, 19:36
Now once the YouTube video and this guy's webpage selling knives and "Tactical Gear" (you'll especially love the gloves with the rear view mirror on them so you can "watch your 6") came out, the tenor of the comments suddenly turned from being supportive to ridiculing the guy."]Now once the YouTube video and this guy's webpage selling knives and "Tactical Gear" (you'll especially love the gloves with the rear view mirror on them so you can "watch your 6") came out, the tenor of the comments suddenly turned from being supportive to ridiculing the guy.
Yep, those hindsight gloves are something else.
Well those are certainly two guys that really make cops look bad. The first guy for posting stupid stuff on the internet, the second because he is just too full of himself.
ThirdWatcher
03-15-09, 03:28
When I atttended the academy 30+ years ago, we got the talk about discretion. Like it or not, you gotta learn to keep your mouth shut if you're gonna go the distance in LE.
I had several friends who went through the Education program at ASU and we were thoroughly warned against having myspace pages or other social networking pages. One close friend ignored this and was denied a job interview and when he asked for the reason they said it was his myspace profile which had a video of himself and I and a few others at a shooting range, taking tong range shots, shooting skeet, and simulated room clearing. They said that this video did not comply with the image that they wanted the school to convey. He has since then closed his account and found a job. Thank God my name wasn't listed or I might not have found a job. The video only demonstrated good firearm handling practices. We were not being stupid or unsafe so i thing the principal at the school was an ass who was afraid of offending some parents delicate sensibilities.
Everything you say online is the same as saying it in public.
People need to learn to keep their mouths shut. Private employers are FIRING people now because of their political views voiced on sites on the Internet. In right to work states, it's perfectly legal - as long as they are not firing you because of something "protected" you have no recourse.
The guys is being screwed - but no more than anyone else who posts their thoughts online.
Don't do it unless like a previous poster said, you stand behind it and are proud of it.
I feel reasonably safe posting this comment.
How about this one I've been following on a 1911 forum.
http://www.news-journalonline.com/NewsJournalOnline/News/Local/newFLAG02030609.htm
It's a story about how a SWAT officer shot himself in the leg while reholstering his 1911 during a training day.
Initial responses to the story were supportive of the officer..."Accidents happen, etc..."
This prophetic comment was made... ...before this link to a YouTube video the officer made of himself was posted:
http://www.youtube.com/watch?v=W3y97F_xv1g
After watching the video and developing a less supportive opinion of this officer, I noticed he had his own website listed in the credits (yes his self-made YouTube video had credits) at the end of the vid.
http://www.szaboinc.com/
Now once the YouTube video and this guy's webpage selling knives and "Tactical Gear" (you'll especially love the gloves with the rear view mirror on them so you can "watch your 6") came out, the tenor of the comments suddenly turned from being supportive to ridiculing the guy.
Now, no one on that website knows this cop as far as I know, but just one little thread like that with the videos it now contains was enough to turn the wave of public opinion against this guy. Maybe he's an alright guy but he certainly isn't someone I'd really be wanting on a SWAT team based on the things HE HIMSELF POSTED.
My dad used to tell me, "Don't do something unless you wouldn't care if Jesus himself was standing right next to you while you do it." Now it should be, "Don't do something and post it on the internet unless you really want it to screw up your life!"
Just a personal opinion, but I think that this is one of those guys that compromises safety for the sake of showing off. A lot of SWAT guys get into a mindset of maximizing performance at the price of safety. They often get into using steroids, or other performance enhancing drugs and suppliments at the price of their health and safety. I think this guy was trying so hard to outshoot his fellow officers that he pushed himself into getting careless with safety.
Whether we like it or not that is the reality of he world we currently live in. I know several LEO's and ex LEO's that got in trouble for some shit posted on the web. The average non LEO does'nt want or need to know that we even watched Training Day, let alone joke about it being a training film.
He didn't get in a bind for his thoughts, he got in a bind for his immature actions, ie; posting shit for everybody to see. And the steroid use..........yea, right. As cops we don't believe stupid shit, then we expect the public to.
It sounds like he was a little slow on the uptake of opsec and persec.
Agreed. Like everything in life, tools in the tool box make sense for some, not for others. For me, FB, MS, youtube, etc are marketing platforms, allow me to keep in touch with large networks of people, allow me to reach large numbers of people, has lead to new contacts and ops, and is, for better or worse,part of the modern business world. It's not a place to say silly sh&t as if it was your private diary, which may come back to bite you on the a$$.
I have known people denied jobs, lost jobs, and or had things they said on the 'net used against them in a court of law. It feels private because it's you alone typing from the privacy of your own home, but it's the least private thing you could do. A giant billboard on the highway saying what the officer wrote online would get seen by less people potentially, and you can remove the billboard. What's put online exists some place for ALL TIME no matter what you do with your web page/FB/MS or what ever.
Have I said things online some place I probably should not have? No doubt...
During my interview process with the TX DPS they asked me if I had a myspace page, facebook etc.
The Trooper who did my interview said there wasn't anything bad on the pages that would stop me from getting employed but did warn that if I was to be employed keeping information discreet or not posting certain things at all (like others mentioned, hobbies/interests etc) would be to my best interest.
Which I completely understand...I may not 100% agree with it, but it's all about YOUR credibility and in the case as shown goes, it can hurt you.
HAMMERDROP
03-16-09, 23:04
A friend of mine was told that if he wanted to contintue to work for St. Louis PD, he had to remove his Myspace account and any internet conversations the he might have on open forums must be kept completely anonymous. My brother was told the same thing when he joined Austin PD. They haven't hit me yet with the Department of Interior, but it is only a matter of time.
A lot of people wonder why many of us don't use our real names around here. A lot of cops can't be open and honest about a lot of our views unless we remain anonymous.
In addition to St Louis being the Murder capital of the USA, recently Police Chief Joe Moqua (I think thats how his name was spelled he has been outta the news for a while) but he was linked to an impound yard and his dghter was driving the vehicles ! And other allegations in regards to this tow yard, no courts dates that they have not called and told me about inside info.
He did resign admidst shame but I think he was a good Chief of Police crime was dropping.
I know several lifers who work for the StLPD and I never hear them bitch about departmental politics but I dont really want to ask if they got paid yet since payroll is always late for our armed servants (it seems so) go figure they should be paid first and not have to wait on their paycheck. But also they are armed and I dont want to catch a stray round... so I dont ask about departmental politics.
Michael
HAMMERDROP
03-16-09, 23:09
A friend of mine was told that if he wanted to contintue to work for St. Louis PD, he had to remove his Myspace account and any internet conversations the he might have on open forums must be kept completely anonymous. My brother was told the same thing when he joined Austin PD. They haven't hit me yet with the Department of Interior, but it is only a matter of time.
A lot of people wonder why many of us don't use our real names around here. A lot of cops can't be open and honest about a lot of our views unless we remain anonymous.
In addition to St Louis being the Murder capital of the USA, recently Police Chief Joe Moqua (I think thats how his name was spelled he has been outta the news for a while) but he was linked to an impound yard and his daughter was driving the vehicles ! And other allegations in regards to this tow yard, no courts dates that they have not called and told me about inside info.
He did resign admidst shame but I think he was a good Chief of Police crime was dropping.
I know several lifers who work for the StLPD and I never hear them bitch about departmental politics but I dont really want to ask if they got paid yet since payroll is always late for our armed servants (it seems so) go figure they should be paid first and not have to wait on their paycheck. But also they are armed and I dont want to catch a stray round... so I dont ask about departmental politics.
Michael
HolyRoller
03-17-09, 14:25
Sometimes it happens when you don't even know it!
Another officer around here a couple years ago got called into the patrol captain's office and asked WTF are you doing posting pictures of half-nekkid teenage girls draped all over your patrol car on your Myspace page!? "Huh? I don't even HAVE a Myspace!" He didn't. So they began sorting it out and retracing his steps, and looking carefully at the background in the pix. What happened was, on a normal call he parked his car outside the house as always, but it was a setup. While he was inside, said naughty teenage girls ran outside for a photo session. They were mean or thoughtless enough to include his license plate or front callsign plate in some shots.
I have a Myspace page but very little is on it. Facebook is different because only your designated friends can see your entire site. Even then, I'm very careful about what I post, and only one pic of me in uniform, far enough away that you can't identify the department patches.
Lawyer-wise, one time I had a client whose fiancee's ex-wife is a total whackjob, and was dumb enough to post on her Facebook one day that she was about ready to beat up "my husband's girlfriend" and then the next day did just that--jumped and beat the tar out of my client. In front of the whole family. She was smart enough to delete it a couple days later, but not before a mutual friend had printed it out. Let's just say, things didn't go well in court for Psycho-Ex. They stay well away from each other now.
HolyRoller
03-17-09, 14:33
Double post, dangit.
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