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At roughly 8 p.m. on Sept. 2, James Takos pedaled his bike through the streets of Oakland, shouting, “Drunk people shouldn’t ride bicycles!” And as if to prove the point, the 59-year-old struck a curb while riding against traffic down South Bouquet Street, flipping over his handlebars, and slamming his head into a stop sign. For nearly a minute, he lay unconscious in the street, bleeding profusely from the back of his head.
And when he came to, his headaches really began.
Takos’ accident landed him in the middle of an unusual dispute between two Pittsburgh police officers: one convinced that Takos needed only medical attention, the other determined to file charges against him. Eight months later, those differences would result in an unusual court hearing, in which the two officers ended up testifying against each other.
“Usually officers will support their brother or sister officers no matter what happens,” says John Burkoff, a law professor at the University of Pittsburgh. “But this is a really unusual story.”
On April 19, Takos stood before District Judge James Hanley Jr. facing three charges stemming from his accident. Among them: two charges of driving under the influence of alcohol.
Riding a bike drunk is, in fact, against the law in Pennsylvania. Under state law, “[e]very person riding a pedalcycle upon a roadway … shall be subject to all of the duties applicable to the driver of a vehicle.”
Still, a charge of cycling while drunk “happens very, very infrequently,” says Duquesne University law professor Bruce Antkowiak.
“It’s really rare,” agrees Scott Bricker, executive director of Bike Pittsburgh, a bicycling advocacy and education group.
Rarer still was the fact that both the prosecution and the defense had police officers testifying on their behalf.
The first officer on the scene Sept. 2 was Charles Bosetti, who was called to the accident by dispatchers. Paramedics, who arrived after receiving a 911 call from a witness, called police for assistance when they were unable to convince Takos to board the ambulance to receive treatment.
Bosetti testified — for the defense — that Takos had done no property damage, and hadn’t hurt anyone other than himself. Accordingly, Bosetti said, he decided to treat the incident as “a medical issue,” rather than filing charges. Worried about a concussion or other injury, Bosetti testified, “I told [Takos] we were not going to arrest him” if he agreed to go to the hospital.
But before Bosetti could convince Takos to climb into the ambulance, officer Lisa Luncinski arrived on the scene.
“It was obvious [Takos] was impaired by alcoholic beverages,” Luncinski testified — for the prosecution. “I could smell him from 20 feet away.”
When Bosetti told her he’d already decided not to press charges, Luncinski said, she approached Sgt. Brian Elledge, who’d also arrived on scene.
“I asked Sgt. Elledge if he was going to let [Bosetti] blow off arrests,” she testified. “Then I got permission to continue the case.”
Eventually, Takos did take an ambulance to the hospital. But four days after the accident, Luncinski obtained a search warrant for Takos’ medical records. Records revealed that his blood alcohol content as measured at the hospital was .193 percent — more than twice the legal limit. And on Sept. 9, Luncinski filed charges against Takos.
After learning of those charges, Bosetti says he went to the district attorney’s office to express his concerns. Chief among them, he told City Paper in an interview, was that the charges might violate Takos’ Miranda rights — the right to be warned that anything a suspect says can be used against him. Bosetti says Takos admitted he’d been drinking only after Bosetti told him he wouldn’t be facing charges.
After speaking with Bosetti, Assistant District Attorney Lawrence Claus informed Takos’ defense attorney, James Wymard, about the conversation. Wymard then subpoenaed Bosetti to testify.
“To go so far as to testify against a brother in arms … is unusual,” says Pittsburgh attorney Jeffrey Pollock, who handles DUI cases. “This is extremely uncharacteristic.”
“To have police officers testifying in an opposite fashion is very unusual,” agrees David Shrager, another local lawyer who does DUI work. “It’s very rare.”
Bosetti’s trip to the DA’s office proved useful to the defense. That’s because Luncinski’s criminal complaint — the document that provides the basis for charges — didn’t mention Bosetti’s presence on the scene, or his objection to filing charges.
In an earlier incident report, Luncinski briefly mentioned Bosetti, noting that Takos had “surrendered his bicycle” to her colleague. But in Luncinski’s criminal complaint, Bosetti doesn’t appear at all.
During the April 19 hearing, Wymard cross-examined Luncinski about the contents of her criminal complaint.
“Did you put in the affidavit that Bosetti showed up?” the defense attorney asked.
“Yes,” she answered.
“Show me.”
As Luncinski began fruitlessly reviewing the complaint, Wymard then said, “You omitted Bosetti showing up, didn’t you? … It was misleading to the court.”
“That’s troubling,” says Beth Pittinger, executive director of the Citizens Police Review Board. “It seems to be a significant omission.”
Luncinski’s report should have noted Bosetti’s presence on the scene, Burkoff says. But “police reports are rarely perfect,” the Pitt law professor adds. “If she left [Bosetti] out intentionally, it is a bigger deal. But we just don’t know that.”
In any case, Burkoff says, there’s no reason Bosetti’s objections should have dissuaded Luncinski from filing charges. “It wouldn’t matter if 100 officers were there and 99 said there should be no charges,” he says. “Any officer has the right to file charges.”
As for there being any Miranda violations involved in the case, Burkoff only says “it’s possible” that a violation occurred.
After about a half-hour of testimony, Judge Hanley made his ruling. While acknowledging that he probably heard enough evidence to sustain the charges, the judge said, “I don’t want to send this case up the street” to be appealed by a higher court. He dismissed the DUI charges, but found Takos guilty of lesser charges of public intoxication and disorderly conduct.
That verdict closes the book on the Takos case. But any bad feelings in the Zone 4 police station, where both Bosetti and Luncinski are based, may be harder to resolve.
As Bosetti testified April 19, Luncinski “thinks I blow off arrests; I believe she railroads people.”
Bosetti is a 22-year veteran of the Pittsburgh Police. A former vice president of the Fraternal Order of Police, he’s often been a lightning rod within the department. In 2002, he penned an op-ed for the Pittsburgh Post-Gazette denouncing both police brass and groups like the American Civil Liberties Union, who had been pushing for police reforms. But in later years, he allied with the CPRBoard, joining with Pittinger to demand an investigation of the 1995 death of motorist Jerry Jackson. Bosetti had accused police administrators of covering up Jackson’s shooting death in the Armstrong Tunnels, at the hands of Housing Authority police officer John Charmo.
Bosetti tells CP that the Takos case touched a nerve with him. Arresting Takos was unnecessary, he says — especially since Takos had no prior criminal record — and Luncinski is a “bounty hunter,” who inflates her earnings with court appearances. Charging Takos was an effort to “cash in on this guy’s misery,” he says.
Police earn overtime pay for testifying against the people they arrest — and few have earned as much as Luncinski, a 14-year veteran of the force often tasked with DUI details. According to city pay records, Luncinski, who makes roughly $60,000 in annual base pay, logged 449 court hours from Feb. 1, 2010, to Feb. 1, 2011, earning a total of $18,192.09 in court premium pay.
In an interview, Luncinski says her arrests are warranted; in 2009, in fact, she was lauded by the Pennsylvania DUI Association for making 90 DUI arrests in one year. By contrast, she says, Bosetti “blows off” legitimate arrests. “According to his court records, nobody commits any crimes,” she says. “I respond to my 911 calls like they’re my family members calling for the police. He does not.”
Comparing the officers’ pay records does reveal a significant difference in premium earnings, of which court pay is a significant part. From January 2007 through October 2010, Luncinski earned $181,854.67 in premium pay. Bosetti made $7,859.99.
But Bosetti says part of being a good officer is using discretion about when charges are necessary. His 2009 job-performance evaluation says he “anticipates and diffuses volatile situations.” His 2010 evaluation states that he “handles his calls in an appropriate manner, and avoids complaints from the public.”
Complaints from Luncinksi, however, don’t seem likely to go away.
“Obviously, there is more to this issue,” Judge Hanley said before banging the gavel. Referring to the two officers before him, he added, “That’s in your house.”
This article appears in May 12-18, 2011.
I am amazed that Bosetti was able to find the Court BLDG for the hearing. In 18 years I have never observed him testify…..he writes alot of articles (and now a book?)so that must make him a law enforcement expert. Lucinski is no catch by far and they should both be embarassed by their actions.
I noticed there was no claim that Mr Takos wasn’t intoxicted or wasn’t driving and that should have been the only issue. Maybe not having been in a vehicle Mr Takos wouldn’t have killed anyone, but he could of gotten killed leaving a sober motorist with his death on his conscience. While there is sometimes discretion in police work I don’t think that there should be with drunk drivers. Officer Luncinski feels strongly about drunk drivers. Officer Luncinski works hard and puts her all in every arrest she makes DUI or otherwise. I’m one of her superviors and I think she is a good catch. She is a very good officer who’s never railroaded anyone.
Sounds like Bosetti was first on the scene and he made the decision not to prosecute in order to ensure this guy got medical attention.
It was wrong for Lucinski to come in after the fact and decide she wanted to file charges on his case, even if she did go to the supervisor on scene. Of COURSE the supervisor is going to say it is okay to file…legally it is, and supervisors always want inflated “stats”.
Bosetti had a plausible and reasonable explanation on why he decided not to file charges in this case. Lucinski makes 90 DUIs in a year…there would be another one right around the corner she could have grabbed for her court OT $$, and that person would be in a motor vehicle and could actually do some serious harm.
She sounds like a greedy pig on a power trip to me…
I have had the honor to personally observe Officer Bosetti and his dedication to the job and serving his community.
On one occasion several years ago, a female was robbed and her purse stolen in the Point Breeze area of the city. The call happened late in the shift probably around 10:30 -10:45. While every officer was out searching for the actor, ignoring the fact they should be on there way home, where was Officer Bossetti to be found, exactly that… oh his way home while his fellow officers were out searching for a violent criminal.
Officer Bosetti has been a poor excuse for a police officer and never wish that anyone in need of help have him show up on their call. Believe it or not, not all dinosaurs are extinct.
This is just one of the many examples of Officer Bosetti work ethic. The only reason he was able to make it this long is because there are police officers like Officer Lucinski to pick the work load.
I am a retired Pittsburgh Police Officer with over 30years working the streets.I know Mr. Takos and Officer Bosetti, I do not know Officer Luncinski but I learned a lot about her in a short period of time. She is what we would call a Bounty Hunter or as they say today on the force a Court Hound. Officer Bosetti received the call and this was his case.A pitt student observed Mr. Takos riding the bike ,fall and struck his head according to the court papers. No property damage , no one hurt but Mr Takos. He was a block from his home and wanted to go home. Officer Bosetti made the right call. Police work is a lot of common sense. This was not a auto crash or dui check point.Mr Takos was drinking, admitted to Officer Bosetti,, after being told he would only go to the hospital.Officer Luncinski from what I heard called the 911 operator from a phone and obtained the witness’s name, a pitt student, that saw him driving the bike becauce with out a witness she has no case,(who failed to appear at several hearings) and had the case continued..( Officer Luncinski makes more money at one hearing then most people make in a day!!!)She based her search warrent on his statment. At the April 19 hearing Attorney Wymard showed she omittted that Officer Bosetti being at the scene. A good Officer does not do that, she knew what she was doing.Officer Luncinski got 4 hearing out of this case!!! She logs a lot of court time just looking at how much money she makes, $18,192.02 in overtime in one year. She is not a Homicide Detective, plainclothes officers in zone 5 making gun arrest , she works a patrol car in a zone. I worked a zone and made my share of dui arrests on motor vehicles.The Dui task force deals strickly with DUI drivers and do a Great job. Any officer today can sit on a stop sigh, redlight,and look for dui’s. A .08 is not alot nowadays,Mr Takos lost 4 days of work, had to pay his attorney, and received the max fine over $800.00 at his last hearing. Officer Luncinski says all her arrest are warranted ,so are the rest of the Police blowing off arrests because i do not hear of many officers making that much money. I am not friends with Officer Bosetti but going to the Da was the right thing to do. I agree with Beth Pittinger of the Citizens Police Review Board!!!!!!!!
Officer Luncinski puts in many extra hours to earn that “excessive” court time. How many other officers will give up their Friday and Saturday night (day off) nights to work a DUI check point? I would like to get feedback about how the MADD members feel about dismissing the importance of DUI arrests – or for that matter, someone whose life has been permanently adjusted by a drunk driver killing or injuring a member of their family. .08 is there for a reason and impairment should not be taken lightly. Officer Luncinski’s “excessive” court time involves other than DUI cases – her diligent police work and testimony have helped put away several long-term sex offenders and violent actors. I would tend to put more credence into remarks regarding Officer Luncinski’s work ethic made by one of her supervisors who should know the real Officer Luncinski – not someone who admiditly doesn’t know her but bases his opinion on his experience as a retired 30-year veteran. There are many lumps on the force, unfortunately. She hasn’t “just worked a patrol car in a zone” her entire career – she has worked in plain clothes and done detective work as well. But what is wrong with “just working a patrol car in a zone” – good officers do that, too. She does that by choice. Many officers have been killed or injured “just working a patrol car in a zone.”
The character of the officers is not the issue in this case. Despite what seems to be a dislike of one another between the two officers, the fact remains that Bosetti’s actions set the case for Takos to be sent for medical treatment without fear of charge on DUI and that Lucinski showed up too late to change the situation. Seems Lucinski still attempted to change the situation/facts. Isolated incident. Attacking character and judgement in this is useless. You would all make terrible lawyers.
I do not know Officer Bosetti well, but I do know Officer Luncinski & how great a job she does getting drunks off the road. I am sure that had Mr. Takos weaved into the road, getting struck by an innocent driver, or had he injured someone on the sidewalk, then the comments would be different. However, I’m sure Officer Bosetti would have still not arrested anyone. If you had to see a young baby being pulled from a DUI wreckage, where the mother still cannot walk after a year in rehab, then people wouldn’t say “well he didn’t hurt anyone but himself”. I am sure the mother involved in the head on crash in the South Side a few months ago, where she was severely injured & lost her 7 year old & unborn child, would tell you the same. If Mr. Takos received no type of punishment, he wouldn’t think twice of doing the same thing again, maybe this time in a car. Maybe now that he had some aggravation of court time & citations, he will think twice about his behavior.
Chuck Bosetti for President: What!?? A purse was stolen!?? BEtter get the whole precint..nay, the whole force, looking for that devious perp!
Officer Lucinski is an example of where the force is headed. It’s sad that someone like Lucinski could even become a police officer. Thanks to Officer Bosetti following procedure and doing what was right, an example can be shown to some of these hot headed new comers on the force how to be human and intelligent not barbaric and crooked.
I’m another old timer who has long covered the issues inherent in the Takos case. By degrees,I know most of the people involved.
Bosetti is a hard head who has never run with the pack. He is literate and principled. Lucinski is bright, savvy and obsessive. Since Bosetti testified for the defense retaliation has come in the form of a smear campaign by Lucinski and friends within the department. The defaming lies and rumors can be dealt with, but it’s hard to unring a bell; and “hot dog” cops tempt fate by throwing stones in a glass house.
In 2000 Lucinski was assigned to a three person wagon crew,the other two officers refused to go along with her tactics and asked to be reassigned. Lucinski claimed that they weren’t aggressive enough either.
It is true that Bosetti is 64 with some age related issues and will retire soon. It’s also true that he doesn’t make many arrests. Like most older officers he defers arrests to others who are eager for court time. It doesn’t matter which cop makes the arrest-as long as mutual consent and due process are observed. Also: CP didn’t distinguish between generic discretion and the legal term, “abuse of discretion.” Lucinski announced on radio that she would “take the arrest (for a medical call)that had been assigned to another cop, before any officer had even arrived on scene to assess.
Re: the affadavit; not telling the DA issuing a warrant or summons that another officer was assigned the call, that “Miranda” was in play because statements had been made and taken is a material omission that another Pittsburgh cop has recently been charged with. Bosetti was defending due process and his pension, not drunks. Did PGH pay millions for a federal decree that can’t stop misconduct?
CP reports that in the past Bosetti has denounced police brass and reform groups. More accurately; he’s denounced the tactics of some brass, some activists and some FOP board members. But he has consistently supported principle.
Ironically, last week Lucinski was showing-off a supportive e-mail she’d received from former Chief McNeilly. It was McNeilly who ordered former Asst.Chief (and current Chief) Nate Harper to investigate only administrative flaws, not any criminality, in the infamous Charmo/Jackson case.
The Takos case shows that reform will not come by federal decree, it will come only when character trumps “business as usual.” Don’t hold your breath.
Officer Bosetti made allegations that back in 2002 the Pittsburgh Police Department Brass covered up the Fatal Shooting of Jerry Jackson in the Armstrong Tunnels in Apr/1995.Well,he was NOT there and I was along with Homicide Commander Ron Freeman, Commander McNeilly/Zone 2,Homicide Det.Terrance Oleary and Numerous other High Ranking Officials of the Pgh Police and Housing Authority P.D. Nobody covered anything up at all!!!!!!!!!!!There were 2 City Officers right behind me in there patrol vehicle inside the tunnel and testified exactly as to what I stated and what they saw with there own Eyes!They even Fired there weapons at the suspects car after it was stopped!
Although the Iniating Pgh Police Officer Charles Conroy that started the Pursuit and was the Reporting Officer that wrote the Police Incident Report the night in question stated in the report that “I” meaning Officer Charles Conroy did see the suspects vehicle turn around and come at Officers Charmos Patrol Vehicle.Then at the Preliminary Hearing Officer Conroy came into the court room with Private Legal Counsel and when called to Testify under Oath He stated that I (Officer Charmo) Told him what to write in the night in question and that he made a mistake saying what he allegly saw happening???? Then He Falsified an Official Police Report and Nothing was done about that???
I told him exactly what happened and Never told him to write anything other then the Truth!I had 40 minutes until the end of my shift and I rendered assistance to the City Officer as he was coming into my Jurisdiction and in the end I Lost My Career, My Pension,Incarcerated 23 hrs/day w/1hr out in the ACJ,went through a Criminal Trial that ended in a Mis-Trial and then was thrown a Plea-Agreement by DA Zappala to Plead to In-Voluntary Manslaughter only a Mis-Demaeanor of the 1st Degree and I would be released in a month as I was already in Jail for over 10 months and the Min Sentence was 11 1/2 mos. So what other choice did I have? It just amazes me how people worry only about there Own Jobs when the times get tough? I was Hung out to dry on a Branch by my lonley self. I had only one person stay by my side during the entire trial and that was my Ex-Girlfriend a Pgh Police Officer Norine Kelly as she came to my aid the night in question and stayed by me. Not one Housing Authority Police Officer was in the Court Room or any City Officers except Officer Kelly! So if you really think that there was a cover up inregards to this matter, then Good Luck. Nobody told Mr.Jackson to steal a car and lead numerous police units on a high speed chase and then began ramming my patrol car on the 10th st. bridge trying to make me loose control and possibly sustain Serious Bodily Injury or Death and then Drive the Car head-on at me.
All he ahd to do was put his foot on the brake pedal and Stop! He would be alive today and back in Jail. But, he chose the Final Outcome as he decided he was NOT going back to jail no matter what, so He signed his own Death Certificate at that moment. I am not proud of what I did and I still have PTSD and nightmares about the incident, and I will probably until the day I die. All I know is that I did what I was Taught and Paid to do and that was to Protect Peoples Lives and now at the age of 57 I lost everything I worked so hard for for nothing!The general census of the public involving this case felt that I had nothing better to do the night in question and that I had Pre-Planned on Killing an Afro-American which is Totally Absurd! I worked in the Public Housing Communities for 14 years and treated the people with respect as a white person.
I was Awarded Numerous Commendations by Black Groups and then the Chief of the Housing Police Harvey Adams Jr. made me what I was by sending me to school to become a Police Fire-Arms Instructor, and a Patrol-Narcotics K-9 Handler as well as an Acting Supervisior when needed!So I spoke my peace and Not that it’s going to do anything for me now, I just want the Public to know the truth! Thank You!
Former City Housing Officer John Paul Charmo
get down James with your bad self