The Canton Incident - All Charges Dropped!!!

As it should be. Now Officer Harless needs to be tarred and feathered.

per the ohioccw.org blog, the partner, Diels, admitted on the stand that the criminal charges were "untruthful". now the civil suit(s) can begin and I speculate, how many other cases will be appealed since he admitted under oath that he and Harless fabricated charges/evidence

Very good news. Now we get to see what happens on Dec 1 when Harless goes up for his hearing.

Woohah!!!

Bad law with vague enforcement with the wrong officer. (or perhaps just the right one for the change that needs to happen)

When the barrage of mail started... we were “people who do not live in this community, who do not know our police ... (and) who know nothing about the city of Canton"
http://www.cantonrep.com/carousel/x...antons-reputation-after-police-video-backlash

Now, with the inevitable lawsuit the good people of Canton will have to pay on... Will Council President Allen Schulman Resign, or be ridden out on a rail first?

the fact about the falsified criminal report is part of the evidence that is going to be used to try and get the notification part of the Ohio CHL law rewritten/repealed. as it stands it is ripe for abuse, as was evident in this case. all you have need is some corrupt cop(s) and a non-working dashcam and an innocent citizen is in jail/fined, etc. if it wasn't for the dashcam, Canton's "finest" would have railroaded the guy.

it would be good for the prosecutor to get "Nifong"ed. she was using very dirty tricks that the judge and everyone saw through. she even went to the video playing and turned the volume down during one of the attempts when Bartlett tried to notify. then she went back it turned the volume back up.

the main actor in this fiasco, wasn't even called in as a witness. it was up to his partner to try and lie about the situation.

every case he is involved in from here on out will be suspect if he doesn't lose his job.

according to one of the member of the Ohio CCW group, the court proceedings were recorded. if so, they have him on tape lying on the witness stand and getting caught at it

all you have need is some corrupt cop(s) ...

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Actually, this renders any law fairly uselss, good or bad.

Ahhhh, but what about the disposition of the officer involved, eh?

the disciplinary hearing for Harless is on Dec 1st. who can say the mindset in Canton Oh officialdom right about now, knowing that there most likely will be civil suit(s) filed

Something that should be said...

Kudos to the ohioccw.org people. Both for tirelessly keeping on top of this, spreading the news about this and for both supporting and fundraising for Mr. Bartlett's defense.

I can only pray my local shooter's association would do the same for me or another Oklahoman in a similar predicament.

Job well done Ohio CCW people. Bravo.

The partner, Diels, clearly lied both in his written report and on the stand. The Brady (nothing to do with Sarah) rules need to come into play. They require prosecutors to inform the defense any time they intend to use an LEO with a history of dishonesty as a witness. It usually means that the cop never testifies again, EVER. It can be a career killer.

Regarding the deranged Harless, he's out on medical leave and the police union has stated that his disciplinary hearing was postponed because he was "unable to contribute to his own defense".

The victim in this case, Bartlett, is even better off than he'd have been if the actual notification was addressed. Instead, he has an ADJUDICATED finding of an illegal search, making his 1983 Federal civil rights suit VERY hard to defend against.

There now needs to be a reckoning, and it needs to fall on Harless, Diels and the city of Canton with a crushing weight.

Canton's malicious vendetta against Bartlett was purely retaliatory for his embarrassment of them by posting the dashcam video on the internet. How much money was wasted on this juvenile stunt? The prosecutor, Harless and Diels should be forced to pay the entire cost, including Bartlett's expenses, out of pocket. It was malfeasance in office, pure and simple.

Deanimator said:

Regarding the deranged Harless, he's out on medical leave and the police union has stated that his disciplinary hearing was postponed because he was "unable to contribute to his own defense".

There now needs to be a reckoning, and it needs to fall on Harless, Diels and the city of Canton with a crushing weight.

Canton's malicious vendetta against Bartlett was purely retaliatory for his embarrassment of them by posting the dashcam video on the internet. How much money was wasted on this juvenile stunt? The prosecutor, Harless and Diels should be forced to pay the entire cost, including Bartlett's expenses, out of pocket. It was malfeasance in office, pure and simple.

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The story at http://www.cantonrep.com/news/crime/x549434878/Harless-hearing-postponed-police-union-cites-stress provides a useful review.

You are exactly right about what should happen, but I'm not so optimistic. The gun rights element of this case has been resolved in Bartlett's favor, but from here on out it's all about money. Whether Harless actually does suffer from PTSD, I expect the PD will buy everything he's selling at the December 1st disciplinary hearing. They will want to reduce the city's liability in any civil (or civil rights) cases which may ensue. In a civil case, the city will argue that they can't be held accountable for Harless' behavior if it was due to PTSD. The city needs to have that argument available should Bartlett file a civil case. I'm not saying that argument should win either, but it probably gives Canton the best chance at keeping the most money. So, perversely, they'll go easy on Harless. Crazy.

You are exactly right about what should happen, but I'm not so optimistic. The gun rights element of this case has been resolved in Bartlett's favor, but from here on out it's all about money. Whether Harless actually does suffer from PTSD, I expect the PD will buy everything he's selling at the December 1st disciplinary hearing. They will want to reduce the city's liability in any civil (or civil rights) cases which may ensue. In a civil case, the city will argue that they can't be held accountable for Harless' behavior if it was due to PTSD. The city needs to have that argument available should Bartlett file a civil case. I'm not saying that argument should win either, but it probably gives Canton the best chance at keeping the most money. So, perversely, they'll go easy on Harless. Crazy.

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That's a losing strategy for Canton in at least TWO ways.

1. He was on the payroll, under their supervision. It doesn't matter if he's got PTSD or he's a paranoid schizophrenic. They're cutting him checks and giving him the power of arrest. They OWN him and his on duty behavior. Furthermore, if they claim they didn't KNOW he was a nutjob, how to explain the (at least) two OTHER dashcam videos of him engaging in IDENTICAL behavior? Their "defense" PROVES "failure to supervise" on their part.
2. If they claim that they didn't know he was unhinged, then it's entirely possible that HE has a claim against them for failing to protect HIS welfare while on the job. Their merely watching the OTHER two dashcam videos should have been enough to put him on modified duty and mandatory mental health treatment.

Canton has laid a minefield around themselves on three sides, with the remaining side fronting on a swamp full of quicksand and crocodiles. There's no good way out for Canton.

If I were Bartlett, I would NEVER settle. I would take this to a jury and ram a judgment straight up Canton's fourth point of contact. This wasn't a "mistake" or "poor training". It was PURE malice and dishonesty straight down the line. The LAST thing he should do is accept a settlement with a nondisclosure clause in it. He needs to talk about just who the Canton PD and prosecutor(s) are, and he needs to do it a lot, probably on a speaking tour.

Careers and lives need to be wrecked in response.

Can't say I disagree with a single word you've said here, Dean. The city government and PD acted maliciously and are clearly comprised of elitists who think nothing of rolling over the little people. But when going up against the government, weird things can happen. They should be made to pay; I just don't see it happening.

the disciplinary hearing for Harless is on Dec 1st.

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This is what I want to know. Will the results from the disciplinary hearing open the Canton PD up to a civil suit as well if the results of such hearing are damaging to Harless?

Another comment is I cannot believe this actually went to trial. The prosecutor should have folded their hand once they found out the defendant wasnt going to plea. I read the article about the hearing in the CantonRep and I cant believe how dirty the prosecution was. Also the fact that the judge wouldnt let the entire video be seen by the jury wasnt right IMO either. I am glad the judge threw it out before the defense even had to present their case, but , still the judge was helping the DA stack the deck against them and the judge should have never allowed it to be heard in the first place.

Dirty dirty Canton.

Bruno2 said:

This is what I want to know. Will the results from the disciplinary hearing open the Canton PD up to a civil suit as well if the results of such hearing are damaging to Harless?

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I think Canton PD is vulnerable on civil violations whatever the result of Harless' disciplinary hearing. However, they may conclude that if such a case goes to trial, they will fare batter if Harless' behavior were the result of PTSD. Thus, whether Harless really has PTSD or not, the hearing will act as though he does. Of course, it's curious that nobody discovered this condition before, despite multiple videos showing Harless to be, at the very least, reckless with his authority.

Bruno2 said:

Another comment is I cannot believe this actually went to trial. The prosecutor should have folded their hand once they found out the defendant wasnt going to plea. I read the article about the hearing in the CantonRep and I cant believe how dirty the prosecution was. Also the fact that the judge wouldnt let the entire video be seen by the jury wasnt right IMO either. I am glad the judge threw it out before the defense even had to present their case, but , still the judge was helping the DA stack the deck against them and the judge should have never allowed it to be heard in the first place.

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I agree the jury should have been shown the whole video. After all, Bartlett did experience the whole rant, so his state of mind and resulting behavior must be taken in context of the whole incident. Withholding any of that video from the jury deprives them of that context.

I also agree that this case shouldn't have gone to trial, but dismissing the charge after the prosecution presented their case probably works out better for Bartlett should he press a civil case. If the charge had been tossed before trial, a jury in a civil case may have concluded it was due to public pressure or that the city was just doing it's duty to uphold the law, and then dropped the case when it was apparent that Bartlett's attempts to notify were rebuffed. But when the prosecution can't even convince the judge to proceed after all their evidence is presented in court, it shows their case was not only extraordinarily weak, but also that the city may have been out to get Bartlett for daring to exercise his civil rights.

Gonna be very interesting to see how this plays out.

First thought I had when I saw the title was that the charges on Harless were dropped. I'm glad to see that Bartlett (while he probably was trolling for prostitutes) is now free to go.

First thought I had when I saw the title was that the charges on Harless were dropped. I'm glad to see that Bartlett (while he probably was trolling for prostitutes) is now free to go.

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Harless has no "charges" against him, at least not in the criminal justice system.

He's facing an administrative disciplinary hearing on 12/01. It was postponed previously because, according to the police union, he was "unable to assist in his own defense".

Based on the false and malicious charges pressed to the hilt by the prosecutor, and the utter failure to supervise by the Canton PD, my bet is that Harless will face NO punishment, either administrative or criminal. Clearly they don't believe that he even did ANYTHING wrong, and that's probably what the hearing will find.

If you're going to slap the public in the face, there's no reason to stop at one cheek... especially when you've already kicked them in the groin a couple of times.

I agree the jury should have been shown the whole video. After all, Bartlett did experience the whole rant, so his state of mind and resulting behavior must be taken in context of the whole incident. Withholding any of that video from the jury deprives them of that context.

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Agreed, this is the type of behavior that leads to innocent people cofessing to crimes they didnt do. I know this isnt the case here , but , The behavior that Harless was projecting would indeed make some people become soft spoken or even clam up completely.

But when the prosecution can't even convince the judge to proceed after all their evidence is presented in court, it shows their case was not only extraordinarily weak, but also that the city may have been out to get Bartlett for daring to exercise his civil rights.

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Have to agree as well, This is what carrying a gun legally will get you in Canton, OH. Any other takers? Thats what I thought.

I'm glad to see that Bartlett (while he probably was trolling for prostitutes) is now free to go.

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Everybody and their dog spot jumped all over me for assuming he was indeed looking for love in all the wrong places on another board. However, I didnt imply that he was wrong for packing or that he didnt deserve the same 2A rights as the rest of us do. I seriously thought the "trolling for hookers" issue was going to eat him up in court, but , I guess they never got around to that part before the judge gave them the hook.

Based on the false and malicious charges pressed to the hilt by the prosecutor, and the utter failure to supervise by the Canton PD, my bet is that Harless will face NO punishment, either administrative or criminal. Clearly they don't believe that he even did ANYTHING wrong, and that's probably what the hearing will find.

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I totally agree Temma. Canton PD feels like this guy is scum of the Earth for exercising his 2A rights while being in a shady part of town. They also probably wish they had 10 more just like Harless to help clean the streets up of these CCW people.

Also yes, unfortunately that is usually the outcome of internal affairs investigations like this one. I was totally suprised that Diels backed Harless up in court. I thought for sure he would have distanced himself or rolled over on Harless. Now my opinion is that Diels is just as guilty as Harless or worse he has enabled him.

conspiracy against rights,or depravation of rights....

..Criminal suit is in order,and a constitutional tort civil action under color of law the officer could get as much as 10 years in Leavenworth for fabrication of evidence,if the justice department,and victim pursue charges,i say sentence the bad cop to the max...........

Bruno2 said:

Agreed, this is the type of behavior that leads to innocent people cofessing to crimes they didnt do. I know this isnt the case here , but , The behavior that Harless was projecting would indeed make some people become soft spoken or even clam up completely.

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I cannot help but wonder how many other poor slobs got steamrollered and convicted of bogus charges by Harless?

Even with the entire 2A community and media watching this one the DA and Canton PD attempted what can only be described as disgusting on Mr. Bartlett. Can you imagine how poor John Q. Looks to the judge when presented with fabrications like these criminals pulled?

I'm very pro Law Enforcement. However that is just too much. My disgust is maxed out here.

JohnKSa said:

You probably won't have to wonder long. My guess is that there will be a review of cases he's been involved in.

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I wonder who'll be doing the reviewing, the Canton PD?

I cannot help but wonder how many other poor slobs got steamrollered and convicted of bogus charges by Harless?

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Probably a lot. When something like this happens the DA will try to bully them with charges and then offer a sweet plea deal to them. Most peoples lawyers reccomend taking the plea b/c it is usually a few hundred dollars in fines and maybe 6 mos unsupervised probabtion. Rather than do what is right and make them give you your day in court to be judged by your peers.

I wonder who'll be doing the reviewing, the Canton PD?

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That is usually how it is done Buck. Thats how Las Vegas does it and regardless of how many questionable shoots they have had it always comes back clean with no fault on the cops part.