LORAIN, OH (WOIO) -
How far did the Lorain Police Department go to track down a critic? And are they now throwing a reporter under the bus to cover their tracks?
"I feel that I am a whistle blower and they are coming after me for opening my mouth up," said Joseph Montelon.
19 Action News told Joseph Montelon's story over a year ago: How police took and searched the former police officer's garbage, busted into his home, guns drawn with a search warrant and seized his computer.
They wanted to know if he was the person writing letters that made fun of the department and it's Chief Cel Rivera.
"It was an embarrassment to them and they had to find out who it was so they came together and tried to manipulate the warrant process in order to get a search warrant," said Terry Gilbert.
But how did they suspect Montelon? In the search warrant affidavit it cites an anonymous tip that Joe was the writer. Chief Rivera earlier said Sheriff's Captain Richard Rescendez told him a reliable confidential source said it was Joe. Attorney Terry Gilbert believes they had only here say and were desperate and judges don't take kindly to being misled.
"It's an abuse of government ethics," said Terry Gilbert.
Now they say former Plain Dealer Reporter Mark Puente is the source. He denies it saying in the paper today "I don't discuss conversations with sources." Mark Puente's current employer asked that he not comment further, before that request he told Reporter Paul Orlousky that he turned over the records, which were public 18 months after his stories about Lorain. He says three editors at the Plain Dealer knew about it and is furious, that wasn't in the article.
Could it be that Captain Rescendez took Puente's simple suspicions about Montelon and presented them to Rivera as fact.
You may recall, back in April the FBI began investigating the controversial raid by the Lorain Police Department on Montelon's home.
In a civil suit, Montelon claimed that he was targeted because Lorain Police Chief Cel Rivera suspected he was the author of newsletters poking fun at the Chief.
Montelon's Wickliffe home was raided by a half dozen Lorain Police officers, a Sheriff's Deputy and others. They burst into his home with guns drawn, handcuffed Montelon in front of his wife and child and searched the home. They seized a computer, office supplies and other items. Montelon's garbage had been pulled from his tree lawn on several previous occasions by Lorain Police.
Montelon had unsuccessfully asked for an investigation for months. It was initiated after a request was made by Congressman Steven Latourette for the Justice Department to look into the matter.
The Justice Department letter obtained by 19 Action News Reporter Paul Orlousky says, "Once we have obtained this additional information, attorneys in the Criminal Section of the Civil Rights Division will review it and determine whether prosecution is warranted." [Read the entire letter HERE]
Chief Rivera has repeatedly refused to discuss this or any other allegation against him or his officers, a call to the office of Lorain Mayor Tony Krasienko remains unanswered.
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