Investigator Richard Wozniak issued Garrity notices, forcing the six officers to answer the necessary questions to determine if any of the five Columbus police officers investigated for police misconduct during the summer protests, according to a press release from the Columbus Department of Public guilty of criminal misconduct is security. Photo credit: Sarah Szilagy | Campus Editor
The independent investigator hired by the City of Columbus to investigate potential wrongdoing by the Columbus police force during the summer protests ordered six officers as witnesses to answer questions about the potential criminal wrongdoing.
Investigator Richard Wozniak issued Garrity notices, forcing the six officers to answer the necessary questions to determine whether any of the five Columbus police officers investigated for police misconduct was guilty of a Columbus Department of Public Safety crime . Under Garrity notices, the officers’ testimony cannot be retained in criminal proceedings against them. If officers fail to cooperate with the orders, they can be charged with insubordinating the department.
“Those who received the orders are only witness officers, not investigators. Information they can provide is essential for the identification of officers who may have committed a crime and for the prosecution of those who may be charged with criminal offenses, ”the press release said.
The release does not name the officers who are forced to answer questions.
The press release said this was necessary because “Wozniak has exhausted all other means to get these officials to work together (just before they were ordered to).”
Wozniak contacted 60 officers who were identified as witnesses to potential wrongdoing, according to the release. By Thursday, 55 declined to participate, 44 through their lawyer.
At the time of writing, only five witnesses have agreed to be interviewed after being guaranteed not to be prosecuted, according to the press release. Other identified witness officers have refused to be interviewed or to provide information about “other officers who appear to have committed illegal acts”.
An internal website was also made available to officers providing anonymous information on the incidents.
The city also hired Kathleen Garber, a special attorney in the prosecution, to prosecute officials who Wozniak believed had committed crimes.
The release said Garber determined that there is likely reason to believe that some Columbus police officers may have committed crimes and there is clear evidence that many officers witnessed the actions.
Lawyers representing the five officers investigated – Police Lt. Lowell Principal, Police Sgts. Caroline Castro and Justin Coleman, along with officers Rufus Goodwin and Shannon Schmid – filed a complaint on Friday alleging subpoenas directly related to the May 29, May 30 and June 1, 2020 incidents during the Protests against Black Lives Matter stood – including pepper sprinkling by lantern staff on June 1st – Was unconstitutional and in violation of federal law and the Ohio Code of Criminal Procedure.
The complaint was voluntarily dismissed on Monday by the officials and their lawyers according to judicial records.
Garber said in a statement Tuesday that she tried to use the investigative subpoena to find out the identities of the officers involved – which is approved in the city code. However, she noted that the law restricts the local court’s legal conduct.
Because of this, Garber said she withdrew the subpoenas on Friday.
In Thursday’s press release, Garber said the investigation was focused on accountability.
“Nobody is above the law. That includes law enforcement. If laws are broken, we will hold those responsible to account,” said Garber. “It is worrying and disappointing that the people who stand in the way of this accountability are fellow officers . “
