Cop On A Limb (Update)

When home health aide Irma Marquez was slammed to the floor during a fight at the La Fonda Restaurant in Yonkers, Police Officer Wayne Simoes claimed that he slipped on a wet floor, and his fellow cops backed him up.  It all fell apart when Marquez’s lawyer released a videotape of the incident.  From LoHud :


Simoes, 39, is accused of violating the rights of Marquez, a 44-year-old home health aide. The incident gained national notoriety when Marquez’s lawyer in a civil lawsuit released a surveillance video that appears to show Simoes body-slamming Marquez to the ground.

Simoes’ defense contends that he slipped on the wet barroom floor and dropped Marquez on his way down to the ground.

Only then did another Yonkers police officer, who had earlier given a perfect impersonation of Sgt. Schultz, come clean:


Andrew Quinn, Simoes’ lawyer, yesterday ripped into [Police Officer John] Liberatore on cross-examination, pointing out that Liberatore told Yonkers police Internal Affairs investigators that he didn’t see the incident.

“You were advised before you spoke with the Internal Affairs officers that you had to tell the truth, weren’t you?” Quinn asked.

“Yes,” Liberatore replied.

But he later said he didn’t want to be the one to point a finger at a fellow officer.

>”I didn’t want to be the one to go out on a limb and say whether what I saw was right or wrong,” he said. The Internal Affairs unit cleared Simoes of wrongdoing. But Yonkers Police Commissioner Edmund Hartnett ordered the investigation reopened after FBI agents arrested Simoes in June.

It’s that simple.  And that complex. 


“It’s your obligation as a Yonkers police officer to report what you saw to your supervisor, correct?” Quinn asked.

“Yes,” Liberatore said.

Indeed it is.  And yet he didn’t.  Not until he had no way out of telling the truth.  So let’s add up the sum of the parts:  Officer Simoes gratuitously throws Irma Marquez to the ground and breaks her jaw.  Officer Libertore denies seeing anything until it’s his butt on the line by virtue of a videotape of the incident, concededly lying to avoid “going out on a limb.”  Imagine, telling the truth means “going out on a limb.”  And cops wonder why we keep saying mean things about them.

Yonkers P.O. John Liberatore was the first witness in the case against Wayne Simoes in the Southern District, White Plains Courthouse.  There are more to follow.  Who would have been the first to go out on a limb had there been no video?

For those who are tired of hearing these negative stories about police officers, and assert that mere mortals like us can never understand the pressures of the brotherhood of self-proclaimed heroes, we need to persist nonetheless.  If we don’t keep this issue on the front burner, and if we don’t let cops know that we’re well aware of the fact that they are shameless liars when it suits them, it won’t end.  We just keep pounding away.

H/T Turk, always on the lookout for curious testimony.


Update:  Karl Mansour at Blue Must Be True has the video of Simoes and Marquez.  I’m not going to spoil it for you.  Go take a look for yourself and see whether Simoes slipped or he’s a lying sack of excrement.   As an aside, note that Karl’s blog is all about keeping cops honest and honorable, and he means it.  There are honest cops out there, and they aren’t happy about how the brothers are behaving.  But will they talk about it?

12 thoughts on “Cop On A Limb (Update)

  1. Deborah

    When I was growing up, we kids Trusted Police Officers and they ‘protected and served’ the public. Today, cops ‘protect their code of silence’ and self serve by Gestapo tactics, planted evidence, suppressed evidence, harassing teens, soliciting sex, falsifying their reports and perjuring themselves contributing to the INjustices broken Justice System in America.

    When will the Justice System take effective steps to ‘clean up’ the corruption and restore its integrity so vital to a FREE society.

  2. Blue Must be True

    Fellow officer says force was excessive – updated on 5-22-09 Code of Silence loud and clear

    On Monday, May 18, 2009, in what is typically a rare admission, Yonkers police officer John Liberatore, testified in U.S. District Court that fellow police officer, Wayne Simoes, used excessive force when he threw a female to the floor of LA Fonda Restaurant, breaking her jaw.

    According to The Journal News (LoHud.com)

    Liberatore said he saw Simoes grab Marquez around the waist, lift her
    into the air and throw her to the ground. Afterward, Liberatore said he
    went to his partner Officer Todd Mendelson and asked him, “What the …
    just happened?”

    Simoes, 39, is accused of violating the rights
    of Marquez, a 44-year-old home health aide, in the incident. The
    incident gained national notoriety when Marquez’s lawyer in a civil
    suit released a surveillance video of the incident that appears to show
    Simoes body-slamming Marquez to the ground.

    Simoes’ defense contends that he slipped on the wet barroom floor and dropped Marquez on his way down to the ground.

    Here is the video so you can see for yourself

  3. Blue Must be True

    Fellow officer says force was excessive – updated on 5-22-09 Code of Silence loud and clear

    On Monday, May 18, 2009, in what is typically a rare admission, Yonkers police officer John Liberatore, testified in U.S. District Court that fellow police officer, Wayne Simoes, used excessive force when he threw a female to the floor of LA Fonda Restaurant, breaking her jaw.

    According to The Journal News (LoHud.com)

    Liberatore said he saw Simoes grab Marquez around the waist, lift her
    into the air and throw her to the ground. Afterward, Liberatore said he
    went to his partner Officer Todd Mendelson and asked him, “What the …
    just happened?”

    Simoes, 39, is accused of violating the rights
    of Marquez, a 44-year-old home health aide, in the incident. The
    incident gained national notoriety when Marquez’s lawyer in a civil
    suit released a surveillance video of the incident that appears to show
    Simoes body-slamming Marquez to the ground.

    Simoes’ defense contends that he slipped on the wet barroom floor and dropped Marquez on his way down to the ground.

    Here is the video so you can see for yourself

  4. Jeff Kramer

    Are things really any different today than when you grew up? 10 years ago there was the Rampart scandal with the LAPD. FBI agent John Connolly protected Whitey Bulger in the 80’s. Frank Serpico was (probably) shot by other NYPD officers in 71. There have always been bad cops and there will continue to be.

    It’s really no different than it’s ever been. But thanks to the internet, our world is a lot smaller and when a cop in say, Seattle does something he shouldn’t, the rest of the world can read about it. The police haven’t changed, but now the rest of us have the ability to read about and spread the word on what they’re doing.

  5. SHG

    Jeff, you’re obviously correct, and I’m sure that Deborah would agree.  You’re similarly correct that the internet has made the world far smaller.  But news about bad things done to other people is disconnected from you; it’s not your top priority.  It’s when it happens to you, and you feel the impact, that it suddenly comes to the front burner. 

    I can’t tell you anything about Deborah in particular, as I don’t know any more about her than appears from her comments, but she has clearly been hurt badly, and it has clearly had an enormous impact on her.  Until people feel the burn, talk of Serpico and Rampart are just historical curiosities.  And mind you, Deborah’s anger isn’t toward cops, but the entire system, including lawyers.  We sometimes forget how we fail people as well, and that’s why I appreciate Deborah’s comments.  This is something we can never forget about what we do, and one of the primary reasons I spend time chiding the Slackoisie about their self-centered worlds.

    The law isn’t about lawyers, and our livelihood, and our having a wonderful life.  It’s about the people who depend on us and our system to protect them from living lives of misery.  We can never forget this.

  6. Blue Must be True

    Fellow officer says force was excessive – updated on 5-22-09 Code of Silence loud and clear

    On Monday, May 18, 2009, in what is typically a rare admission, Yonkers police officer John Liberatore, testified in U.S. District Court that fellow police officer, Wayne Simoes, used excessive force when he threw a female to the floor of LA Fonda Restaurant, breaking her jaw.

    According to The Journal News (LoHud.com)

    Liberatore said he saw Simoes grab Marquez around the waist, lift her
    into the air and throw her to the ground. Afterward, Liberatore said he
    went to his partner Officer Todd Mendelson and asked him, “What the …
    just happened?”

    Simoes, 39, is accused of violating the rights
    of Marquez, a 44-year-old home health aide, in the incident. The
    incident gained national notoriety when Marquez’s lawyer in a civil
    suit released a surveillance video of the incident that appears to show
    Simoes body-slamming Marquez to the ground.

    Simoes’ defense contends that he slipped on the wet barroom floor and dropped Marquez on his way down to the ground.

    Here is the video so you can see for yourself

  7. Jeff Kramer

    Scott, it certainly wasn’t my intention to tell Deborah that she was wrong. Although re-reading my comment I can see how it could come off that way.

    As far as your last comment, I try to remember that with every client I have, that its not about me about about them and at the end of the day, whatever I do is going to have an impact on their lives. I can either make it a positive or negative one.

  8. SHG

    Thanks Jeff.  Sometimes comments get away from us a bit, and don’t reflect what we are really trying to say or how we really feel.  I have no doubt that you fully appreciate the impact we can have on people’s lives.

  9. Simple Justice

    Officer Simoes Never Meant to Hurt Her

    Having followed the trial of Yonkers Police Officer Wayne Simoes in the Southern District of New York, it would be wrong to leave you hanging.

  10. Simple Justice

    Officer Simoes Never Meant to Hurt Her

    Having followed the trial of Yonkers Police Officer Wayne Simoes in the Southern District of New York, it would be wrong to leave you hanging.

  11. Simple Justice

    Officer Simoes Never Meant to Hurt Her (Update)

    Having followed the trial of Yonkers Police Officer Wayne Simoes in the Southern District of New York, it would be wrong to leave you hanging.

  12. JD

    What is it going to take to get the police to police themselves? I’m with you, I don’t even feel safe to the call them anymore.

Comments are closed.