Rule 1 |
5 counts
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Violation of any law or ordinance.
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Count 1
Not Guilty
On or about May 6, 2008, at or near 244 East Pershing Road, Chicago, Police
Officer Bernard K. Kelly received a complaint relative to misconduct, in that Terrance Whetstone made allegations to Officer Kelly that Officer Otis Hosley and Officer Timothy Martin had paddled him, and Officer Kelly failed to notify a supervisory member and prepare a written report to the commanding officer containing the information received, observations made, and any action taken, in violation of General Order 08-01-02 (formerly General Order 93-03-02B), thereby engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department.
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Count 2
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police Officer Bernard K. Kelly pushed Marquis Toney against shelves and/or a wall, and/or struck him on the stomach and/or face, and/or kicked him on the buttocks, and/or held him by the arms and/or hands while Officer Otis Hosley and/or Officer Timothy Martin paddled him, thereby engaging in any action or conduct which impedes the Department’s efforts to achieve
its policy and goals or brings discredit upon the Department.
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Count 3
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police Officer Bernard K. Kelly stated to Terrance Whetstone “shut the fuck up,” or words to that
effect, and/or stated that he would “beat” him, or words to that effect, thereby engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department.
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Count 4
Not Guilty
On or about November 5, 2009, during a statement with the Independent Police Review Authority, Police Officer Bernard K. Kelly falsely stated that Assistant Principal
Henry Harden did not give him a handwritten note during a meeting on or about May 6, 2008, or words to that effect, and/or falsely stated he has never seen Officer Otis Hosely and/or Officer Timothy Martin paddle a student, or words to that effect, and/or falsely stated
he did not punch, slap, and/or kick Marquis Toney inside a storage room/closet at Wendell Phillips Academy, or words to that effect, and/or falsely stated he did not tell Terrance Whetstone to “shut the fuck up,” or words to that effect, and/or falsely stated he did not hold
Marquis Toney by the arms and/or hands while Officer Hosely and/or Officer Martin paddled him, or words to that effect, thereby engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department.
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Count 5
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police Officer Bernard K. Kelly witnessed and/or participated in Officer Otis Hosely and/or Officer
Timothy Martin striking Terrance Whetstone, Marquis Toney, Robert Mansheck, and/or Jacque Kindle on or near the buttocks and/or thighs with a paddle, thereby engaging in any action or conduct which impedes the Department’s efforts to achieve its policy and goals or
brings discredit upon the Department.
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Rule 6 |
1 count
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Disobedience of an order or directive, whether written or oral.
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Count 1
Not Guilty
On or about May 6, 2008, at or near 244 East Pershing Road, Chicago, Police Officer Bernard K. Kelly received a complaint relative to misconduct, in that Terrance Whetstone made allegations to Officer Kelly that Officer Otis Hosley and Officer Timothy Martin had
paddled him, and Officer Kelly failed to notify a supervisory member and prepare a written report to the commanding officer containing the information received, observations made, and any action taken, in violation of General Order 08-01-02 (formerly General Order 93-03-02B).
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Rule 8 |
2 counts
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Disrespect to or maltreatment of any person, while on or off duty.
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Count 1
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police Officer Bernard K. Kelly pushed Marquis Toney against shelves and/or a wall, and/or struck
him on the stomach and/or face, and/or kicked him on the buttocks, and/or held him by the arms and/or hands while Officer Otis Hosley and/or Officer Timothy Martin struck him with a paddle, thereby disrespecting or maltreating any person, while on or off duty.
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Count 2
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police Officer Bernard K. Kelly stated to Terrance Whetstone “shut the fuck up,” or words to that
effect, and/or stated that he would “beat” him, or words to that effect, thereby disrespecting or maltreating any person, while on or off duty.
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Rule 9 |
2 counts
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Engaging in any unjustified verbal or physical altercation with any person, while on or off duty.
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Count 1
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police
Officer Bernard K. Kelly pushed Marquis Toney against shelves and/or a wall, and/or struck him on the stomach and/or face, and/or kicked him on the buttocks, and/or held him by the arms and/or hands while Officer Otis Hosley and/or Officer Timothy Martin paddled him,
thereby engaging in any unjustified verbal or physical altercation with any person, while on or off duty.
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Count 2
Not Guilty
On or about May 5, 2008, at or near 244 East Pershing Road, Chicago, Police
Officer Bernard K. Kelly stated to Terrance Whetstone “shut the fuck up,” or words to that effect, and/or stated that he would “beat” him, or words to that effect, thereby engaging in any unjustified verbal or physical altercation with any person, while on or off duty.
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Rule 14 |
1 count
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Making a false report, written or oral.
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Count 1
Not Guilty
On or about November 5, 2009, during a statement with the Independent Police Review Authority, Police Officer Bernard K. Kelly falsely stated that Assistant Principal Henry Harden did not give him a handwritten note during a meeting on or about May 6, 2008, or words to that effect, and/or falsely stated he has never seen Officer Otis Hosely and/or
Officer Timothy Martin paddle a student, or words to that effect, and/or falsely stated he did not punch, slap, and/or kick Marquis Toney inside a storage room/closet at Wendell Phillips Academy, or words to that effect, and/or falsely stated he did not tell Terrance Whetstone to
“shut the fuck up,” or words to that effect, and/or falsely stated he did not hold Marquis Toney by the arms and/or hands while Officer Hosely and/or Officer Martin paddled him, or words to that effect.
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