BY RACHEL MELCER
The Cincinnati Enquirer
A 22-year-old woman says the Cincinnati Police Department is not doing enough to punish an officer who allegedly searched her home without permission, removed sexually explicit snapshots and passed them around District 4 headquarters last year.
Lawyers for April James, the daughter of a District 5 officer, also said during a Saturday news conference that Ms. James feels "ashamed and emotionally distressed" every time she sees an officer.
"She has been violated," said attorney Philip M. Bluestein. "He got a slap on the wrist. She got a slap in the face."
Ms. James is seeking unspecified monetary damages in a lawsuit filed Wednesday against Spec. John Horn, other officers, Chief Michael Snowden, Safety Director Kent Ryan and the city. It claims she was subjected to an unconstitutional search, invasion of privacy and intentional infliction of emotional distress.
The city's Office of Municipal Investigation (OMI) looked into the matter and found that Ms. James signed a consent form allowing the search of her apartment. But the report also concluded Spec. Horn acted improperly and should be disciplined.
Mr. Bluestein said the officer received a written reprimand.
Police officials could not be reached for comment Saturday.
According to Ms. James and the OMI report, the incident began on Oct. 18, 1997, when officers arrived at her Walnut Hills apartment to arrest her then-boyfriend, Kevin Terry.
After arresting Mr. Terry on aggravated robbery charges, Spec. Horn and other officers searched the apartment and found two handguns, ammunition and a small amount of cocaine. Spec. Horn also discovered several sexually explicit Polaroid photos of Ms. James and Mr. Terry.
Ms. James claims Spec. Horn intentionally took the pictures. He told OMI investigators that they accidentally became mixed in with other evidence.
The OMI report said investigators "(do) not believe that the removal of the photographs was an accident nor was it proper."
Days after the search, some officers told Ms. James' father, Officer Calvin Mathis, that the photographs were being passed around District 4 headquarters.
"He is obviously very upset about this, as any father would be," Mr. Bluestein said Saturday.
Spec. Horn returned to Ms. James' apartment on Oct. 21, 1997, claiming that he had to take additional photographs of the apartment for the case against Mr. Terry. While there, he returned the sexually explicit snapshots to Ms. James' bedroom, the OMI report said.
"These are police officers -- people we respect and people we expect to protect us," said Mr. Bluestein, speaking of his client's sense of betrayal. "She feels that when somebody behaves like this, they ought not be a police officer."
He said that more than desiring a cash settlement, Ms. James wants to be vindicated.
If the police department disciplines Spec. Horn more severely and apologizes to Ms. James, she might be willing to settle the lawsuit out of court, according to her attorney.
"Certainly, Ms. James would be willing to consider any settlement offer . . . if they're willing to do the right thing," he said.
