Another Boo-Boo

Sergeant charged with misconduct in mistaken detention of woman

July 28, 2005, 11:07 AM EDT

RUTHERFORD, N.J. -- The case of a woman mistakenly grabbed by bounty hunters and taken her from her home as authorities watched has landed a police sergeant in hot water.

Claudia Santana said the two bounty hunters released her outside a police station in Morris County, 30 miles from her home, when they realized they had the wrong person. She said Rutherford police failed to intervene when she was handcuffed and driven away late last month.

Sgt. Nicholas Loizzi was charged with official misconduct and filing false reports. He was arrested Tuesday night after surrendering at headquarters and was released without bail. Loizzi, 42, was suspended without pay.

Loizzi, an 18-year veteran, was tour commander on June 28 and filed a report on the incident. "The information in the report is, in fact, false," police Chief Steven J. Nienstedt told The Record of Bergen County for Thursday's newspapers. He would not elaborate.

The sergeant also gave a false report to internal affairs investigators, the chief said.

The bounty hunters, identified as William Whitaker and Christopher Rue, both of Darby, Pa., work for Mantis Recovery Service in Philadelphia. They were actually seeking Claudia Patricia Rincon, 37, a fugitive since 2003 who is accused of embezzling $69,000 from her employer and wiring the money to her mother in Colombia.

Santana is also 37, and came to the United States from Colombia more than a decade ago with her parents, brother and sister. She married Juan Carlos Santana nine years ago. Pictures of her and Rincon bear little resemblance.

"It's our top priority," Nienstedt said. "We understand the seriousness of this investigation."

_________________
Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)

This is about the worst thing that could have happened, now the Police are going to feel they need to interfere with Recovery / Bail Agents making arrests or risk taking the fall for any mishaps, this is bad for the industry especially in NJ.

It will be interesting to see how the Police in Rutherford, NJ interact with BEA's in the future, I suspect they now have it in for BEA's I would not want to be operating in NJ right about now.

I think we should take up a collection for this Cop to help defray his legal costs and lost wages maybe that would help some with damage control, what do you guys think.

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Chuck

It would depend what the "false" information in the report was. It could have been he was trying to blame the BEA's for the incident and cover his own but, or it could of been he was trying to help the BEAs and the PD. It could also have been he was reporting the truth which involved no fault by either and it being a highly publicized incident, the chief is looking for scapegoats to blame and so decided the truth wasn't what the public wanted.

If it is the last two then yes, a collection would probably help the BEAs in the area out by promoting good will with the street cops. You still won't get any love from the higher ups.

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-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

This thread was initially posted on 7/6/05 entitled "In The News" for past reference. It was big news for the media and soon forgotten after the London Bombings took center stage. In all of the articles written or reproduced it was stated Claudia Santana was released at the Dover P D in Morris county, 30 miles away and left there. In most of the same articles it was stated that her husband followed the agents to the same P D, I guess HE didn't take her home either. Included in Claudia Santana's statements was "All I want is an apology by the police" and "We love America" and "The American Way"..... which now includes "SUE" everyone for everything we can get.
New Jersey State does not recognize "Taylor vs Taintor" as it stands and now with the help of our "Attorney General", carry permits for B E A 's are not issued and are not being Re-issued to existing carriers.
This will definately be another knock in the industry.

it seems the only real hope you have up there is to form some type of alliance and bring a law suit against the state in an attempt to enforce tailor vs taintor.

as far as the news article goes, it appears the facts are being distorted by the media to stir up emotion... makes for good ratings.

_________________
-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

Like I have mentioned in the past, I'm Rutherford's police tower. I have spoken to different officers & detectives about the situation. They have known for some time that I'm also a BEA. I have received mixed responses. A majority were un-aware of how the bail industry works, but their "off the record" concern was why the BEA's didn't check in first.

Rutherford is a very nice quiet town, with very nice people, and police force made up of very good men & women. There was no reason for two cowboys to come in & stir up the place. In MY opinion, if they had checked in (without the illegal firearm, of course), RPD would have been able to see what little intel the BEA's had & [key phrase] made sure the BEA's INVESTIGATED the lead in a PROFESSIONAL manner with absolute RESPECT to the subject in question. I can hold this opinion with great confidence due to years off conducting business & interacting with these fine men & women on a daily basis.

As for as the "falsified reports", I have no details what-so-ever. The entire force is tight-lipped due to the pending litigation.

Jim it seems like there is a lawyer in the woodpile(sue sue sue sue)even pds make the same error every day --grab up the wrong person--i have not seen the pics so i can not comment on the beas judgement --but i tell you i have been there myself only tats or scars set these people apart.in one instance the pd was convinced we had found the guy everything was a perfect match his pics his height his weight eye and hair color even acme scars on his face--- the only difference was a missing tat on his hand.i hope every thing works out the the cops--getting jamed for something this stupid is rediculas even though i think the bea acted incorrectly(they should have brought the skip home and apoligized and explained maybe she would not have gotten a lawyer but at least it shows good faith

at this time rutherford pd will treat most bea like they have the plague so be extra careful in that area until time heals the wounds-this might become the straw that breaks the camels back and forces legislation in the garden state so all bea have facts and figures ready to show your local legislators to win them over to your side--also it might be time to contact both nj newspapers and tv stations to try to show the positive things we do--set up ride alongs give them access or notice of the next big pop etc.if you can get media to at least listen and show some positive about our field it will go a long way with the elected officials

Hadley, once again, you bring up some valid points. I'm on rotation for six towns in this area. They all are very reasonable people. You just ask have to present yourself as a professional & not a yahoo. They can smell an idiot from miles away.
I have seen the picture in question along side Mrs. Santana. It's all over the local papers. It's bordering "maybe", at best. She provided more than enough proof of identity, which also included her mortage papers. I beleive that the agents were too over-zealous & RPD were tossed in too late. The officers may have "dropped the ball", but it could have been prevented.
We should look at this situation for what it is...a real-life lesson in proper procedure. Always double-check your intel, always check-in with local PD, and always be nice/polite until you have to be not nice/polite