Judge Acquits Ex-Cop
By Laurie Mason Schroeder, Staff Writer
A standing-room-only crowd of police officers erupted into raucous cheers Thursday morning as a Bucks County judge in Doylestown acquitted former Warminster police Cpl. Michael Allen Schmalz on tampering charges.
Judge Albert Cepparulo banged his gavel and demanded quiet as Schmalz, 50, wept with relief at the defense table. The judge said he tried to look at the case as a jury would and concluded that Schmalz had been treated differently than other officers involved in the same scuffle with a drunken homeless man at headquarters.
“As someone once said, everyone is a genius when viewed through a rear-view mirror,” Cepparulo said. “Everyone has made mistakes. As the defense argued, this was a mistake, no more.”
Schmalz, a 10-year veteran of the Warminster force, lost his job over the July 6 incident involving Shaun Patrick Queeney, 31.
Officials said Schmalz used excessive force, sprayed Queeney with pepper spray even though Queeney was handcuffed. Schmalz then lied about the incident on two reports, claiming Queeney was not yet handcuffed when he was sprayed in the face. Witnesses said Schmalz also embellished his account of the scuffle by stating that Queeney was kicking and spitting on officers.
The incident was captured on video. During the one-day trial leading up to the verdict Thursday, witnesses said the video showed that Schmalz tailored his reports to cover his tracks.
He allegedly told a supervisor that he thought that his back was blocking the video, one witness testified. Schmalz’s defense attorney, Louis Busico, argued that Schmalz was joking when he said that since the officer knew the video camera angle better than he did.
During the investigation, Scarfo told police that Jerri had stopped coming to work in September. He said Jerri first injured his hand playing hockey, but later said he hurt it at the fire. Jerri laughed, according to court records, and said Jerri was willing to come back in if the cameras showed it.
The case was dismissed after Deputy District Attorney Robert James said he respected the verdict but “completely disagreed” with the judge’s findings.
James said Cepparulo’s conclusion that another officer was permitted to change his report after viewing the video was “not supported by testimony.”
“Also, there was no evidence whatsoever that Mr. Queeney kicked and spit on officers. Evidence from the defendant’s own mouth,” James said.
James said the video showed that Queeney was handcuffed and subdued when Schmalz was slapping him and spraying him with pepper spray. He noted that the atmosphere in the courtroom was tense, and the applause from the police officers who showed up to support Schmalz being charged.
Schmalz had been charged with simple assault, official oppression, as well as tampering. The first two counts were dismissed by a district judge, then dismissed again by a second district judge.
Deputy district attorney Robert James said he respected the verdict, but “completely disagreed” with the judge’s findings.
Busico said Cepparulo made the right call. “This is the third time a judge had reviewed the evidence thoroughly and come to the same conclusion: Schmalz was not guilty.”
Busico said Schmalz’s friends in the force were not trying to intimidate anyone by filling the courtroom at each hearing but were simply there to support him.
“Who is going to turn out when an honest cop is on trial? Other honest cops,” Busico said.
Bucks County District Attorney David Heckler called the case “a lesson learned.” He said the tape clearly showed Schmalz kneeling on the prisoner’s head during the incident.
“There was no attempt to regain control. This was purely punishment. This was macho bullying,” he said.
Heckler said the case was about the law and the proper usage, saying Cepparulo made his decision. “There was no way an honest cop would have let this go on, but three times now a judge has ruled that the evidence did not rise to the level of criminal conduct,” he said.
Busico said he did not know if Schmalz would seek a police officer job again. “He was a police officer for 28 years. I hope he can get his job back in light of the acquittal,” Busico said.
Laurie Mason Schroeder can be reached at 215-345-3147; email: lmason@phillyBurbs.com; Twitter: @BucksCourts
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This case highlights Louis Busico’s commitment to defending his clients with integrity and dedication. His successful defense of Michael Schmalz demonstrates the importance of thorough legal representation in ensuring justice is served.
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