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Up to four agencies are investigating the 2015 pepper spraying of Amber Swink in a seven-point restraint chair by then Montgomery County Sheriffs Office Sgt. Judith Sealey, court documents confirmed.

Now, attorneys defending against Swinks federal civil lawsuit told a judge they would face an impossible decision if Sealey and other Montgomery County Jail leaders give depositions while still facing possible criminal charges.

Since there currently is an ongoing federal investigation as well as a local investigation, county attorneys Anne Jagielski and Joseph Saks wrote in a motion filed in Daytons U.S. District Court, defendants are placed with an impossible decision: to invoke their Fifth Amendment privilege against self-incrimination and waive their opportunity to defend themselves in the civil lawsuit or waive the Fifth Amendment privilege and potentially face criminal charges based on their own testimony.

EARLIER:Dayton police investigating pepper spraying incident

Neither U.S. District Court Judge Walter Rice nor Magistrate Judge Michael Newman have ruled on the defendants motion to stay just the discovery portion of the case, according to the docket.

The motion also shows Montgomery County Sheriff Phil Plummer was subpoenaed to testify in a federal grand jury in Cincinnati in October 2016.

The document also confirmed that jail personnel have been investigated by U.S. Dept. of Justices civil rights division, the U.S. Attorneys Office, the Federal Bureau of Investigation and the Dayton police department.

EARLIER:Sheriffs office sued over Amber Swink incident

Due to the secrecy of criminal investigations, the specifics of any of the pending investigations are unknown, county attorneys wrote, citing Plummers discussions with government officials. It is apparent they are investigating Judith Sealey and the Sheriffs Office as a whole for pending criminal charges.

Sealey, who was promoted to captain early in 2016, was placed on administrative leave in October until the investigations were complete. Sheriffs office representatives declined to comment for this article.

Last month, U.S. Attorney for the Southern District of Ohio Benjamin Glassman wouldnt confirm nor deny a federal investigation into Sealeys actions, but he did say his office coordinates and collaborates with law enforcement agencies to best use resources.

RELATED:Justice in the Jail project: 15 recent lawsuits against area jails

That is, in my opinion, one of the most important roles of the United States Attorneys Office, Glassman said, is that federal government is here to investigate other law enforcement agencies because were not a local player.

The video of Sealey blasting Swink on Nov. 15, 2015 for a second time that night in jail only surfaced when attorney Doug Brannon filed the civil lawsuit. Brannon said he asked the sheriffs office for the video and they couldnt provide it.

The sheriffs office has never been able to locate the video in its computer systems, and Plummer alleged it was stolen property.

RELATED:Sheriff says missing Swink video an isolated incident

It also appears that the Department of Justice is investigating the alleged (destruction) of records relating to said incident, involving, as Plaintiff also alleges in her amended complaint, all of the Sheriff defendants, the motion states.

The documents cites a March 6, 2017, affidavit from Plummer that says the FBI has interviewed jail supervisors and employees regarding electronic services.

Swinks attorney said his client testified in January in a Montgomery County grand jury and that the process is continuing.

At least some evidence has been presented to a grand jury, Brannon said. I dont think the grand jury has reached an opinion or a verdict.

FOLLOW: Mark Gokavi onTwitterandFacebook

Swinks suit names as defendants the Montgomery County Board of Commissioners, Plummer, Sealey, Capt. Chuck Crosby, then-Major Scott Landis and other John and/or Jane Does.

Brannon said no one knows when indictments may come, but that as far as the defendants motion goes: Theyre trying to impede the civil case under the auspices of the criminal investigations.

The scenario of a criminal probe holding up a civil case is similar in some ways to the federal wrongful death lawsuit brought by the family of John Crawford III against Beavercreek police and Walmart.

MORE:Glassman says change in administration wont affect Crawford case

Rice repeatedly has allowed the delay of depositions of Beavercreek police officers Sean Williams and Sgt. David Darkow related to Crawfords Aug. 5, 2014, death at the hands of police, citing the possibility of federal criminal charges. That federal investigation turned 30 months old Friday and has not been resolved.

I do commit that whatever the disposition, Glassman said in February. I will let you know publicly and promptly as soon as we have it.

The Swink lawsuit is one of eight active civil actions filed against jail employees alleging misconduct.

MORE:Crawford cases still unresolved

County attorneys argued that Brannons case is not prejudiced by delaying sheriffs office depositions, but the defense may suffer.

The trier of fact in civil actions can draw a negative inference from a defendant failing to testify in a civil proceeding, as such an inference does not violate the Fifth Amendment or Due Process, the attorneys wrote.

This case has received national media attention, and therefore, the general public is likely interested in the outcome of the litigation. The public has a right to see that justice is served, and a stay in discovery would further ensure the integrity of the litigation.

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Multiple agencies probe jail pepper-spraying, grand juries convene - MyDaytonDailyNews

Roger Stone is insisting the allegations about his connections to Russia are unfounded.

They have no proof of it and it was unnecessary, Stone, who advised Donald TrumpDonald TrumpBreitbart denied congressional press passes: report Conservatism's worst enemy? The Freedom Caucus. The Hill's 12:30 Report MORE's presidential campaign, said during Politico's "Off Message" podcast.

As someone said, the Russians don't play American politics very well. That's true, although I never heard from them.

Stone faces scrutiny for communicating with Guccifer 2.0, the alias of a hacker the U.S. intelligence community believes is associated with the Russian government. Stone has admitted to the contact but called it "completely innocuous."

I was referring to what II mean, through the intermediary, which I see the headlines. No, I didn't admit that. I announced it. I didn't admit it. I announced it. It is not illegal and it was not direct, as I've said a dozen times, Stone said.

I didn't misspeak. This covers the question of communication through an intermediary.

When asked about the attempts of White House aides to distance Stone from Trump, Stone said "perhaps they are cautious because they, of course, don't know how this ends."

He also called White House press secretary Sean Spicer's comments about Paul Manafort playing a limited role in Trump's campaign, despite being its chairman from March to August 2016, an "effort to put their distance, I guess, between them and Paul Manafort."

Stone was asked at the end of the interview if he would refuse to answer any of the committee's questions, citing his Fifth Amendment rights.

"No," he said. "Why would I?"

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Roger Stone on allegations of Russian ties: 'They have no proof' - The Hill

BERLIN Turkish President Tayyip Erdogan, who accuses Chancellor Angela Merkel of using "Nazi methods" against Turks in Germany, is setting back their integration by years, Finance Minister Wolfgang Schaeuble has said.

Berlin is growing increasingly frustrated about Erdogan repeatedly accusing it of applying "Nazi methods" by banning rallies aimed at drumming up support among Turks in Germany for a referendum that would strengthen the power of his presidency.

Turks workers began moving to Germany in the 1960s and the country now has about 3 million people of Turkish background. Some are fully integrated while others live in ethnic communities with less contact with the majority population.

"Erdogan's rhetoric makes me stunned," Schaeuble, a veteran member of Merkel's Christian Democratic (CDU) party, told the Welt am Sonntag weekly newspaper.

"In a short time, it wilfully destroys the integration that has grown over years in Germany. The repair of the damage will take years," he said.

Erdogan said in a speech in Istanbul on Sunday: "You call the president of the Turkish Republic a dictator. When we call them fascists, they get annoyed. When we call them Nazis, they get annoyed."

"You are fascists, you are. Be annoyed as much as you want with Nazi practices. If you draw swastikas on the walls of our mosques and don't hold anyone accountable, you cannot take off this stain," Erdogan said.

Turkish voters living in Germany begin on Monday casting their ballots in the constitutional referendum.

Last Tuesday, organizers said Turkish leaders would hold no further campaign rallies in Germany before the referendum - to be held on April 16 in Turkey - after a Merkel ally said they were not welcome.

On Wednesday, Germany's Frank-Walter Steinmeier used his first speech as president to warn Erdogan that he risked destroying everything his country had achieved in recent years.

Erdogan responded by saying that Europeans would not be able to walk safely on the streets if they kept up their current attitude toward Turkey, his latest salvo in the row over campaigning by Turkish politicians in Europe.

(Additional reporting by Humeyra Pamuk; Writing by Paul Carrel; Editing by Tom Heneghan)

BEIRUT The U.S.-led coalition said on Monday it saw no imminent danger to a major hydroelectric dam that allied Syrian militias are fighting to take from Islamic State, unless the jihadists planned to blow it up.

LONDON British police said on Monday they had found no evidence that Khalid Masood, who killed four people in an attack on Britain's parliament last week, had any association with Islamic State or Al Qaeda, but he was clearly interested in jihad.

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Erdogan setting back integration in Germany by years: Schaeuble | Reuters

Turkish President Recep Tayyip Erdogan has said that Turkey could hold another referendum on whether to continue talks on accession to the EU after the nationwide vote on constitutional reform next month which could give him sweeping new powers.

Right now we are holding a referendum on 16 April, and after that we could choose to do a second one on the [EU] accession talks, and we would abide by whatever our people would say there, Erdogan told reporters in the southern city of Antalya at the weekend.

The suggestion comes amid highly strained relations with several EU member states.

Erdogan accuses Merkel of Nazi practices: Any country that harms a Turk will "face the consequences"

The Presidentis at loggerheads with both Germany and The Netherlands, countries which cancelled planned yes campaign rallies on their soil for dual nationals.

Both Berlin and Amsterdam said the rallies were cancelled due to security concerns, but Mr Erdogan accused them of impeding free speech and using Nazi methods.

Mr Erdogan commented last week that all non-financial ties with the bloc, including the landmark 2015 refugee deal, will be on the table for renegotiating regardless of the outcome of the April vote on extending his executive power.

Turkey has waited at the door [of the EU] for 54 years, he said on Saturday, referring to the 1963 trade deal between Ankara and the then purely economic union.

What? If a yes comes out on 16April, they would not take us into the European Union? Oh, If only they could give this decision! They would make our work easier, he continued.

We will put this [EU-Turkey] business on the table because Turkey is no ones whipping boy.

No EU leader has said that a yes vote which would give Mr Erdogan the power to appoint and dismiss government ministers and possibly stay in office until 2029 will spell the end of Turkeys accession to the bloc.

However, concerns over Turkeys human rights record, as well as the fate of Cyprus, have been contributing factors to the snails pace at which talks have progressed since 2005.

Reuters contributed to this report

Originally posted here:
Recep Tayyip Erdogan: Turkey could end decades-long EU bid because we are 'no one's whipping boy' - The Independent

By Sorwar Alam

ISTANBUL

Daesh and other terrorist groups have caused the greatest havoc for Muslims, President Recep Tayyip Erdogan said Monday.

Speaking at a youth gathering in Istanbul organized by the Turkey Youth Foundation (TUGVA), Erdogan said Muslims had suffered the most harm at the hands of Daesh, the YPG and the Fetullah Terrorist Organization (FETO).

Prominent terrorist groups such as Daesh, YPG and FETO traitors cause the most harm to Muslims, he said.

YPG is the Syrian offshoot of the PKK -- listed as a terror group by Turkey, the EU and the U.S. -- and FETO is accused of orchestrating a military coup attempt in Turkey last year that martyred 249 people.

Erdogan said modern-day "Lawrence of Arabia" figures were still working to destabilize the region.

The Turkish president was making reference to T. E. Lawrence, a British army officer credited with instigating an Arab insurgency against then Ottoman Turkish rule during World War I.

A century ago, there was a Lawrence, speaking Arabic language dressed like locals. Today, the modern Lawrences with cloak and beards are doing the same thing.

He said there were attempts to redraw the borderlines around Turkey over terrorist groups.

The president slammed Europe for adopting an anti-democratic stance against himself and the Turkish government.

We witness that Europe disregards its concepts that were described as supreme principles, Erdogan said, referring to banned rallies in Germany and the Netherlands on the April 16 referendum on constitutional changes.

Erdogan also repeated his criticism of the Swiss government over a rally of members and sympathizers of the PKK terrorist group in the country's capital, Bern.

Later, speaking at another opening ceremony in Istanbul, he said: They made my poster in front of the [Swiss] parliament building that showed a gun pointed at my head and the words Kill Erdogan.

He added that Life is given by god and can only be taken by god.

Some 250 PKK members and supporters took part in a rally in front of the federal parliament building in Bern on Saturday. In the meeting, a banner, which read "Kill Erdogan", pictured him with a gun pointed at his head.

Erdogan said Europe was experiencing "ignorance" reminiscent of pre-Islamic era.

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Daesh, YPG, FETO hurt Muslims most, says Erdogan - Anadolu Agency