Former Benton Harbor Police Officer Charged with Conspiracy to Violate Civil Rights
| U.S. Attorney’s Office July 17, 2009 |
Friday, July 17, 2009—Grand Rapids, Michigan – Bernard Hall, Jr., age 33, of Benton Harbor, Michigan, has been indicted and arrested in connection with a corruption investigation involving the Benton Harbor Police Department, U.S. Attorney Donald A. Davis announced today. The three count Indictment charges Hall with conspiracy to violate the civil rights of inhabitants of the City of Benton Harbor, making false material declarations before a federal grand jury, and making false material statements to the FBI and the U.S. Attorney’s Office. Hall faces a maximum penalty of 10 years’ imprisonment on count one and a maximum penalty of 5 years’ imprisonment on each of counts 2 and 3, and a maximum fine of $250,000 on each count.
At the time of the offenses alleged in the Indictment, Bernard Hall, Jr. was a sworn police officer of the Benton Harbor Police Department (BHPD), serving as the ranking police officer and supervisor of the Narcotics Unit. As head of the Narcotics Unit, Hall was responsible for the supervision of other police officers assigned to the unit – including former BHPD police officer Andrew Thomas Collins. Collins is currently serving time in federal prison for his felony drug conviction on January 26, 2009. At the time of his conviction, Collins admitted that he abused his position of trust as a BHPD officer, in that on more than one occasion he failed to report and submit to the BHPD all narcotics he seized in the course of his duties and instead retained possession of narcotics for his own use, gain or purpose. Collins also admitted that he reported false and fictitious controlled purchases to the BHPD for the purpose of improperly securing search warrants and to embezzle funds of the BHPD.
Count one of the Indictment alleges that Hall and Collins were involved in a pervasive pattern of police corruption resulting in the violation of the civil rights of inhabitants of the City of Benton Harbor. The Indictment alleges that Hall and Collins falsified search warrant affidavits, obtained search warrants without probable cause, embezzled funds from the Benton Harbor Police Department, filed false police reports, and unlawfully seized and misappropriated individuals’ money and personal property for their own personal use.
Count two of the Indictment alleges that Hall made false material declarations before a federal grand jury that was investigating allegations of corruption within the Benton Harbor Police Department. In particular the indictment alleges that Hall lied when he testified under oath that “I’ve never seen him [Collins] take money from anybody” and “ I’ve never witnessed him [Collins] do anything illegal.”
Count three of the Indictment alleges that Hall made false material statements to the FBI and the U.S. Attorney’s Office, when he claimed he had overseen a controlled purchase of narcotics by a confidential informant on February 20, 2007, at 849 LaVette Street, Benton Harbor, Michigan, when in truth and in fact then well known by him no such controlled purchase was made from this location.
The U.S. Attorney’s Office, the FBI and its law enforcement partners consider allegations of public corruption to be of the highest importance and priority. U.S. Attorney Davis explained that: “ Because the respect and confidence the citizens place in their governmental institutions is dependant upon the honest and faithful services of the governmental employee, my office will aggressively pursue and prosecute governmental employees who violate their solemn oath and duties.” U.S. Attorney Davis further vowed that his office will work diligently with its law enforcement partners to seek out and remedy any wrongful convictions resulting from Hall’s and Collins’ alleged criminal conduct.
The investigation of this matter was conducted by the St. Joseph Office of the FBI with the cooperation of the Michigan State Police, the Berrien County Prosecutor’s Office and the BHPD. This case is being prosecuted by Assistant U.S. Attorney Brian K. Delaney.
The charges in the pending Indictment are only allegations of criminal conduct, and the defendant is presumed innocent unless and until his guilt is established in court by proof beyond a reasonable doubt.
