By Rob Spahr
Atlantic City Press
Linwood police Chief Jim Baker has been accused by two of his officers and the family of an 88-year-old woman of ordering officers to lie that they had offered the woman protection before she was killed by a neighbor in 2009.
On Oct. 8, 2009, 65-year-old Anthony Milano stabbed his elderly downstairs neighbor, Catherine McGowan, to death outside her home in The Villages at Linwood. McGowan’s 60-year-old daughter, Dianne Nehmad, and a good Samaritan who rushed to the defense of the two women also suffered stab wounds in the incident.
Milano, now 66, was found not guilty by reason of insanity by Superior Court Judge Max Baker on Feb. 2 and was sentenced to life plus 45 years for the killing, then was committed to a psychiatric facility.
McGowan had filed an intentional harassment complaint against Milano. She had called police multiple times and reported that Milano was harassing and shouting profanities at her. As a result, attorneys for McGowan’s estate said, she had to move into her daughter’s Egg Harbor Township home. Milano attacked the two as they left McGowan’s home while retrieving her belongings.
In two separate Superior Court lawsuits -- one filed Jan. 25 on behalf of Capt. Douglas Carman and Detective Sgt. John Hamilton, and a second that was amended Friday on behalf of the victim and her family -- Baker is accused of telling officers in his department to stay “on the same page” during a deposition by saying that Baker told the victim and her family members prior to the stabbing that if she had to go the house for any reason to contact the police and get an escort. Baker also claimed to the officers that he sent an e-mail to everyone about this prior to the incident.
But the officers and the victim’s family claim that Baker did not offer this service to the family until after a Tort Claim notice against the city and the department was filed several weeks after the incident.
“Unequivocally, neither the chief nor any police officer ever offered to protect Mrs. McGowan,” said James A. Maggs, of the Brielle-based law firm Maggs & McDermott, which is representing McGowan’s estate and Nehmad in their case. “The plaintiffs have a right to investigate potential claims to see who may be responsible for this death. But police are not allowed to hinder our investigation. And Chief Baker requested his officers to provide false testimony in order to insulate the Police Department and the city of Linwood from any claims, which is extremely troubling.”
Maggs said he amended his clients’ complaint, which initially focused mostly on Milano, the condo association and its ownership, to name Baker, the Police Department and the city, as a result of the suit Carman and Hamilton filed in January.
“These allegations are not being brought by the estate of Mrs. McGowan. These are allegations being brought by police officers from within the Linwood Police Department,” said Maggs, who commended the officers for speaking out. “My clients have already suffered enough due to this tragedy, but now they are being forced to relive all of that mental anguish and suffering as a result of allegations that the chief of police attempted to get his officers to offer false testimony.”
Cherry Hill-based attorney Clifford Van Syoc, who is representing Carman and Hamilton, said his clients filed the complaint against the chief because of the “hostile and retaliatory” work environment he created.
In addition to claiming that Baker instructed officers to lie about offering to protect McGowan, their allegations include:
n Baker has not qualified for his firearm since fall 2005, and Baker unlawfully ordered the department’s firearms instructor to log him in as being qualified anyway. Attorney General guidelines require every officer with a department handgun to qualify twice a year.
n Repeatedly abusing his authority, including attempting to illegally influence ongoing contract negotiations of which he was not a party
n Violating statutory regulations regarding the confidentiality of juvenile offenders by disclosing to a City Council member that a 14-year-old relative of a present government official had been arrested
n Repeatedly and blatantly violating confidentiality requirements during Internal Affairs investigations
n Engaging in an “ongoing campaign of retaliation” that included verbal threats
“You can’t enforce the law if your chief is violating the law,” Van Syoc said.
Baker declined to comment on the claims against him Friday when The Press of Atlantic City contacted him at his home.
“As much as I’d like to talk to you, this is pending litigation and I have to defer my comments to my attorney,” said Baker, who joined the department in 1983 and was promoted to chief in 2006.
Baker’s attorney, Michael Barker, did not return messages that were left for him at his office Friday. City Solicitor James Youngblood also declined to comment due to the pending litigation.
Maggs sent a letter to state Attorney General Paula Dow on Friday, requesting her office to investigate Baker’s alleged actions.
“These allegations, if true, are not only very serious but are potentially criminal,” he said.
Staff Writer Steven Lemongello contributed to this report.
Copyright 2011 ProQuest Information and Learning