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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Woman sues police over photos

Saturday, October 17, 1998

BY BEN L. KAUFMAN
The Cincinnati Enquirer

A Cincinnati policeman's daughter says fellow officers illegally removed sexually explicit Polaroid photos from her home and showed them around District 4 headquarters.

April James says she learned the photos were missing when her father, Det. Calvin Mathis, called because co-workers had joked about them.

Ms. James was identified in the photos with boyfriend Kevin Terry.

Her allegations generally were substantiated by the Office of Municipal Investigations earlier this year.

This week, they formed the basis of a civil rights suit filed in U.S. District Court by attorneys Philip M. Bluestein and Bryan R. Perkins.

Police arrested Mr. Terry at Ms. James' Walnut Hills residence on Oct. 18, 1997, and searched the home.

Ms. James says officers "secretly seized" the photos with evidence related to Mr. Terry's arrest.

A few days later, she says, Spec. John Horn returned to the house on the pretext of photographing the arrest scene.

Upstairs alone, she says, Spec. Horn put the nude photos under Ms. James' dresser and told Ms. James he'd heard about the pictures and suggested looking under her dresser.

She did and they were there, Ms. James says.

Her suit seeks unspecified damages for illegal search and seizure, deprivation of due process, invasion of privacy and intentional infliction of emotional distress.

Defendants are the city, safety director, police chief, Spec. Horn and others.

Ms. James initially complained to the Office of Municipal Investigations. Investigator Pamela King said Spec. Horn "stated he laid the photos back on the night stand" after looking at them.

Ms. King indicated that Spec. Horn said he was surprised to find them among photos he made at the home. "Specialist Horn said . . . he must have accidentally picked up those photographs."

Spec. Horn said he put the nude photos in his file, Ms. King continued. "Specialist Horn said to his knowledge the photos were not passed around and, as far as he knows, never left his case jacket."

However, Spec. Horn admitted lying to Ms. James when she asked if he knew about the missing photos. Further, Spec. Horn lied to Ms. James about the reason for his second visit to her home.

Ms. King said Officer Mathis heard colleagues boasting about Mr. Terry's arrest and nude photos "when someone told the officers that the woman in the pictures was Officer Mathis' daughter."

Ms. James said she knew many of the officers because she frequently went to police functions with her father.

A reprimand has been placed in Spec. Horn's permanent file, Assistant Safety Director Rodney Prince said.

Deputy City Solicitor Karl Kadon said he had not seen the complaint and could not comment.



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