Tag: Josh Connole

FBI Should Come Clean about Josh Connole

On September 12, 2003, Josh Connole was arrested in West Covina, California, and booked on investigation of felony arson and vandalism for his alleged involvement in a fire that destroyed $3.5 million worth of vehicles at a Hummer dealership. His bail was set at $825,000, but just four days later Connole was released.

At that time, police said they were releasing Connole on technical grounds — that they couldn’t present the evidence against Connole to prosecutors in the 48 hours required by California law. West Covina police promised they would file charges against him at a later date.

Well, it’s is now a much later date — more than four months have gone by — and so far police have yet to make their case against Connole. (Perhaps an overhead projector they need to use to present evidence to the prosecutor is still broken?)

On October 1, 2003, Connole filed a notice that he intended to sue West Covina police and the federal government. His lawyer filed a complaint with the Department of Justice.

Connole is also attempting to unseal affidavit the FBI used to arrest him. U.S. District Court Judge Jeffrey W. Johnson is currently considering that request, and the FBI had until January 27 to submit written justification for keeping the affidavit sealed.

Connole also wants property that the FBI and West Covina police seized four months ago returned to him. According to the Los Angeles Times, police still have a computer, several computer disks, a cell phone, a belt, and several pair of paints they confiscated when they searched Connole’s home in conjunction with his arrest.

So far the actions by police and the FBI in this case resemble Keystone Kops. It is unbelievable that they would arrests Connole in such a public spectacle and then just a few days later discover their case was so weak they had to release Connole with vague promise to prosecute him later (and now they’ve even dropped that pretension, merely telling journalists that they have not ruled out Connole as a suspect).

The judge should unseal the affidavit, police and the FBI should be forced to return Connole’s party, and the FBI might want to consider that when it behaves like this it undermines public support for aggressive pursuit of animal rights and environmental terrorists. Locking up innocent third parties isn’t’ exactly likely to strike fear into the hearts of ALF/ELF activists.

Source:

SUV Vandalism Figure Takes Case to the People. Richard Fausset, Los Angeles Times, February 2, 2004.

Judge wants to know why arrest documents sealed. Will Matthew, Pasadena Star-News, January 15, 2004.

Activist Going to Court for Answers. Jia-Rui Chong and Greg Krikorian, Los Angeles Times, December 22, 2003.

Man Arrested, Then Released, In SUV Arson Case

The investigation into an August arson at a Hummer dealership that did more than $1 million in damages took a bizarre turn in September when police arrested a suspect and then released him 4 days later without bringing charges.

Joshua Thomas Connole, 25, was arrested on September 12 on suspicion of being responsible for the Aug. 22 arson at a California automobile dealership that destroyed 20 Hummer H2 vehicles and damaged another 20 Hummer H2s and several Chevrolet Tahoes. Three other area dealerships were also vandalized.

Connole was arrested by West Covina, California, police and booked on investigation of felony arson and vandalism. His bail was set at $825,000.

Police in this case have surveillance video footage of two men and unidentified police sources told The Los Angeles Times that Connole was one of the individuals on that surveillance tape.

But on September 15, police released Connole saying they could not present all of the evidence against him to prosecutors within the 48 hours required by law after his arrest.

Which illustrates an unbelievable level of ineptness on the part of police which perhaps explains why they catch so few of those responsible for animal rights and environmental terrorism. If Connole is clearly one of the persons on the videotape, why not present that evidence to the prosecutor? If it’s not clear that Connole is one of the persons on the videotape and police needed to develop further evidence, why arrest him in the first place?

Although they released him, police also told local news media that Connole was the prime suspect in the case and would likely be charged at a later date. West Covina police Cpl. Rudy Lopez told the Associated Press,

Once we put all the evidence together, we will file at a later date. We still consider him a player in this incident.

Connole has seen the video and says that he is clearly not on it. He told the Associated Press,

How can anyone think that was me? The guy had Nike shoes on. I would never wear Nike shoes.

And as time goes by it appears the case against Connole was significantly weaker than police thought given that they still haven’t pursued charges against him. Connole’s lawyer was outraged in media interviews at the police and FBI’s “smearing” of his client, and the lack of action since his arrest suggests that this anger was more than justifiable.

Sources:

Man arrested in connection with SUV arson released from LA jail. Associated Press, September 15, 2003.

Suspect in fires at SUV dealer freed. San Diego Union-Tribune, September 16, 2003.

Activist denies blame in SUV-lot fire. Associated Press, September 14, 2003.

Man nabbed in fires at Calif. SUV stores. Associated Press, September 13, 2003.