Libelous Slander and Truth
Now For Lies, Libel and Slander
The following article appeared in the Miami Herald (owned
by the Washington Post) on December 29, 1980. I received this article by mail on April 18, 1991. It was the first time I was
made aware of the content.
Officer John Mccarthy Jr, who 'couldn't get hired now,' racked up a string
of brutality complaints.
Convicted war criminal became Dade cop
are as rendered in the orginal article)
By PATRICK RIORDAN
Herald Staff Writer
John Joseph McCarthy
Jr. had all the qualifications to become a Metro police officer; a high school diploma, a military background, a desire to
He was also a convicted war criminal. The Army had instructed him to "terminate" the employment of a Vietnamese
informant. He did so with a bullet.
He served two years of his 24-year sentence and bot a pardon from President Richard
Nixon before coming to work in Dade County.
The Public Safety Department was aware of his record when it hired him in
1972. It didn't know he was a certifiable psychopath, with a tendency to become violent under stress, until after he racked
up a string of brutality complaints.
McCarthy "couldn't get hired now" under departmental procedures, Public Safety Director
Bobby Jones said in an interview.
McCarthy, who was allowed to resign quietly in June 1976, has been one of the department's
most embarrassing secrets. He surfaced when a team of Miami Herald reporteers gained access to confidential police files after
a 17-month legal battle.
His case illustrates what has been wrong with police hiring and police discipline until recently.
McCarthy underwent no psychological screening before he got his job. Complaints against McCarthy were brushed aside because,
until the end of his career, fellow officers would not testify against him -- and the system covered up.
He was not fired.
Two pending complaints against him were dropped the day he quit.
He received 11 complaints from citizens and other officers.
Four of them were considered serious enough to warrant a full-dress Internal Review investigaion. None were sustained.
has vanished without a trace. His friends at J.J's Lounge in Southwest Dade, where he used to hang out, got letters from him
from Texas last year. But no one remembered the postmarks.
His ex-wifem, now living in Indiana, hasn't heared from him
-- or received child-support payments -- in four years.
Born in Boston and educated in Maryland, McCarthy dropped out
of college to join the Green Berets. He went to Vietnam and rose through the ranks. By late 1967 he was a captain, working
as a commando "involved in sensative operations."
On Nov. 24, 1967, he had orders to "terminate the employment of certain
locals," including a Vietnamese informant nicknamed "Jimmy," according to records of the U.S Army judge advocate general.
McCarthy told a master sergeant that merely firing Jimmy was risky. "Jimmy know too much," McCarthy said, according to
Jimmy died of a single .22-caliber bullet wound in the neck. He was shot in a car on the road from
Saigon to Hoa Nqouc Tao.
The court-martial was in Longh Binh. McCarthy was found guilty on Jan. 30, 1968. He appealed
The Public Safety Depaartment hired him in 1972 after his pardon came through. He was considered "a normal employment
risk" according to his file.
McCarthy was elected president of his class at the police academy.
In April 1974, he
and his partner answered an emergency call and saved the liffe of a 13-year-old boy bleeding from a bullet wound in the chest.
They were named "Officers of the Month."
The other side
Meanwhile, however, McCarthy was filling our "use-of-force"
reports more often than most police officers.
On Sept. 12, 1975, he was at the intersection of SW 188 Street and 122 Avenue
at 11:30 p.m. He saw Robert Westcott, 17, walking along the street. Westcott tossed away a beer can when he saw the police
McCarthy told him to put his hands on the car and submit to a search. Westcott turned to face McCarthy.
punched him in the chest, grabbed his shoulders and threw him backwards to the ground, Westcott said, then jumped on him and
banged his head against the ground. A fellow officer testified that McCarthy kicked the youth after he was handcuffed and
on the ground.
The incident escalated. Three more youths were arrested for resisting arrest. Another wanted to talk to
the officer. McCarthy hit him with his heavy metal flashlilght, and, in the struggle, McCarthy's gun discharged.
was suspended. While the complaint was under investigation, he became involved in his final brutality incident.
at 1:45 a.m. Feb. 12, 1976. McCarthy and a woman friend who was engaged to marry another man left J'J.'s Lounge and drove
to her home in Southwest Dade. Her fiancee, a prominent obstetrician, was waiting near the house.
The doctor wanted to
talk to his fiancee but she told him to leave. McCarthy intervened.
McCarthy said he only hit
the doctor once. Dr. Ron Wright of the Dade County Medical Examiner's Office said the doctor's injuries -- a broken nose,
broken cheekbone and broken maxillary spine -- were "inconsistent" with McCarthy's story.
More probably, Wright said,
was the doctor's charge that McCarthy knocked him to the pavement and beat him repeatedly while he was on his back.
charges McCarthy filed against the doctor were dropped. Belatedly, the department sent the officer to two clinical psycholologists
Dr. Alan H. Greg said McCarthy was mostly "cool and calculating....The one exception to this might be
extraordinary stress situations where his masculinity or survival were threatened. Under those conditions, he might succumb
to his usually well-defended aggressive hostility and act out his anger in a violent manner."
Dr. Jeffrey J. Elenewski
"We are dealing with a very excitable and aggressive individual who may be overly responsive to environmental pressures.
Although [McCarthy] appears to be expending a great deal of energy in trying to control his behavior, his defenses appear
inadequate to do so. I would predict this man would respond poorly in crisis situations, particularly if physical aggressiveness
On June 10, 1976, McCarthy resigned. The same day, the final two brutality complaints against him were resolved.
"Not sustained," the file says.
In responding to the Miami Herald article, above, I wrote to a prominent attorney in the Miami area with the following
information. The attorney advised that the statute of limitations had run on libel.
There was no discussion on "conspiracy
to libel" which I later learned has to such statutory limits.
Responses to Miami Herald article written on December
29, 1980 written by Richard Riordan, a Herald Staff Writer, who later became the Press Secretary for the Governor of the State
of Florida. Title: "Convicted War Criminal Became Dade Cop"
I was not charged nor convicted of a War Crime. I shot no one.
President Nixon did not pardon me nor was he asked to do so.
Public Safety Department was not aware of my military background when I was hired. This information came to light six weeks
later on the day I was elected class president. On that day my FBI "rap sheet" arrived in Miami, the result of a fingerprint
check at FBI Headquarters. The formal FBI document's first entry was for a conviction of premeditated murder. The final entry
was being incarcerated at Ft. Leavenworth, Kansas for 24 years.
I had been called to the PSD admin office to explain
the FBI Report. I did so by providing the General Orders signed by the Secretary of The Army, Stanley Resor and General William
Westmoreland, then Army Chief of Staff. The order reads that since the command authority had determined that a new trial was
not warranted (newly found evidence and fraud on the court by written recantation of government expert witness) "all rights,
privileges and property removed as a result of the finding and the sentence will be restored." That means I have the Right
to say I have never been arrested, convicted or served time for premeditated murder. The FBI and Department of Justice ignored
this information with near disastrous results.
Riordan's characterization of "certifiable psychopath" must have been
culled from the same garden as his rendering of "convicted war criminal" as I was returned to work after the psychological
examinations. "A tendency to become violent under stress" translates into what I told both psychologists, from the teachings
of the PSD Staff in the Academy. "Use of force may go from the minimum of placing a hand on the arm of the arrestee to the
maximum, depending on the amount of resistance realized." Every cop knows what that entails. "If you punch me in the face,
you can expect the same in return while effecting an arrest." A "string of brutality complaints" translates into FOUR citizen
complaints of excessive force out of over four hundred arrests over a four year period. Four out of four hundred did not want
to go to jail and resisted arrest by varying degrees. None of the complaints of excessive use of force were sustained. This
means that Internal Affairs investigated the allegations and found no reason to use disciplinary action for the force used
in the arrests in question.
During this same time period, the State of Florida passed a law that provided a felony
conviction for any person filing false charges of brutality against a police officer, which had become rampant for those with
My entire class of 70 men and women underwent psychological testing and examination prior to the beginning of the Academy
Training. The same answers given at that exam were given to subsequent testing. The same answers were given to previous exams,
including ink blot interpretations.
After being cleared of all charges of "use of excessive force" I turned in my badge and revolver and said, "I am going
fishing." No one "allowed" me to resign. In fact, they tried to talk me out of it.
My entire class did individually undergo an oral examination for psychological screening before a panel of seasoned police
officers and the staff psychologist. Obviously my answers were acceptable as I started the Police Academy the following week.
am not aware of any officer refusing to testify against me in any matter. I am not aware of any citizen complaint being brushed
aside. There were no complaints pending against me on the day of resignation, June 6, 1976.
Of the eleven citizen complaints against me, Internal Affairs investigated four which were not sustained. Of the remaining
seven, I can recall two: One citizen complained that I had said, "Have a nice day," after she received a traffic citation
for speeding in a residential area. The second was made by a citizen who claimed I had hung up on him after repeated calls
from the citizen who demanded immediate police response to his location for the purpose of reporting information on the location
of stolen property. Repeated attempts to explain the non-availability of a police unit was met with irate belligerence. The
remaining five complaints were so trivial I don't recall them.
My ex-wife had not received child support payments because the divorce settlement, on file in Judge Red Blake's courtroom,
provides for the profit from the sale of our home ($35,000) in lieu of child support.
I was not educated in Maryland nor did I drop out of college.
I appealed and won based upon "newly found evidence and fraud on the court."
I was not pardoned.
I was elected class president on the day the FBI "rap sheet" arrived at PSD Headquarters indicating I should have still
been in Leavenworth. (see Chapter 12, One Man-One Voice, above)
Over a four year period involving over 400 arrests, I initiated twenty five "use of force reports." This translates to
25 out of 400 plus arrested persons who resisted arrest with varying degrees of violence which resulted in varying degrees
of force used to affect the arrest, by the book.
Paragraph Twenty through Twenty Three:
Westcott was arrested at a block party of over 100 youths, most under 18. Westcott had tossed a beer can into the air which
landed on the police patrol car. During the arrest numerous youths interfered with the arrest which quickly turned into a
mêlée. My flashlight was knocked from my hand as I wrestled with three youths. No one sustained an injury from "a heavy metal
flashlight." One of the "youths" was successful in removing my revolver from my holster while I was on the ground fighting
two "youths". I grabbed the barrel of the revolver and a round discharged into the ground beside me while I was struggling
for my life. Other units arrived and assisted in handcuffing the three principals in the interference of the arrest of Westcott.
One "youth" continued to attempt to gain his feet after he was handcuffed and I placed my foot on his back to prevent him
from rising. He was not kicked nor did he sustain any injury. This same "youth" had attempted to relieve me of my revolver.
Paragraph Twenty Four:
I was not suspended over this incident. This was, however, one of the four excessive use of force complaints investigated
by the Internal Affairs office. The complaint was not sustained based on testimony provided by witnesses at the scene. The
State Attorney Janet Reno "nol prossed" the charges against the "youths", without consultation with me.
Paragraph Twenty Five and Twenty Six:
I had finished work at 10:30 p.m. and proceeded to J.J.'s Lounge for a prearranged night-cap with a woman who was not engaged
at the time. After one drink apiece (the bar receipt was confiscated by PSD Investigators) the woman and I proceeded to her
home in her Car. My car was left i n the parking lot at the lounge because the "prominent gynecologist" had been making inquiries
as to my work location by calling all PSD sub-stations and various administrators of PSD and County Judges attempting to find
our where and when I worked. This fits the description of stalking. This information had been reported to my superiors at
my work station. They had recommended I not park my car at the police station parking lot and be cautious when departing or
approaching my car.
Upon arriving at the womans home, she observed he ex-fiancé's car parked in her driveway and she drove
past her residence. The "prominent obstetrician" immediately sped out of the driveway and attempted to overtake us, cutting
in front of the car and forcing us to the side of the road and onto the shoulder. Repeated attempts at this maneuver were
unsuccessful and I recommended the woman return to her home. I did not have a police radio and could not contact the department.
Avoiding colliding with the other vehicle the woman returned to her driveway where she locked her doors and closed the window.
The "doctor" began banging on the glass and shouting. I decided to arrest the "doctor" for aggravated assault with a motor
vehicle and exited the vehicle while identifying myself as the police officer whom he had been attempting to locate and telling
him he was under arrest. He responded by punching me in the solar plexus and the face, knocking me to the ground. This former
Olympic boxer still packed a punch. I got up and hit the good "doctor" one time, knocking him onto the hood of the car. I
then attempted to place his hands behind his back and hold him there while the woman ran inside to call for assistance from
the police department. At this time the "doctor" stomped on my left instep while attempting to break free. Although in extreme
pain I managed to roll the "doctor" off of the car hood and he landed face first onto the driveway asphalt with me on top
of him. His additional injuries were sustained during the fall in this attempt to escape. Within minutes two squad cars arrived
and the good doctor was transported, obviously intoxicated, to jail under arrest.
Paragraph Twenty Seven:
The following morning at 9:00 a.m. my supervisor informed me I was under suspension charged with excessive use of force,
by order of Major Bobby Jones, then commander of the uniform division of PSD. He later became Dade Country Sheriff. The Internal
Affairs investigation began that day and concluded five months later. The report made six trips between Internal Affairs and
the sub-station where I worked. The argument was over verbiage and add-on charges by the IA office which the sub-station refused
to accept. The charge was not sustained.
Paragraph Twenty Nine:
The charges of Assault and Battery and Aggravated Assault with a motor vehicle were "nol-prossed" by Janet Reno. I was
notified when I appeared before a judge at the preliminary hearing in a Dade County Criminal Court. I immediately called the
States Attorney's Office and spoke with Janet Reno that as the victim and the arresting officer in this case I should have
been consulted in this matter of dismissing the charges. Janet Reno informed me that SHE made the decisions on who went to
court and who did not. Ms. Reno was also aware of the reputation of the "prominent obstetrician". Ms. Reno later became third
choice as the US Attorney General and supervised the action in Waco, Texas at the Branch Davidian massacre and the Ruby Ridge
deadly use of force.
Under "extraordinary stress situations" any police officer may be expected to use that force necessary to preclude further
injury to himself and to affect an arrest. That force may be a disabling blow or the use of deadly force depending on the
Paragraph Thirty One:
I always became very excitable and aggressive when someone punches me in the face or kicks me in the groin. Fortunately,
those incidents are extremely rare these days. They don't pay police officers to sustain physical abuse. Unfortunately there
are those people who will refuse to go to jail when arrested and require the use of force to accomplish such action.
The referenced article in the Miami Herald is rampant with lies and character assassination as well as slander and libel.
Although I understand the term "journalistic interpretation" I cannot fathom how such blatant falsehoods can be allowed into
print under the guise of "freedom of the press".
This is a prime example of "yellow journalism".
The Miami Herald
has been notified of the discrepancies in the above article and has not responded.
When I approached Bob Woodward of
the Washington Post in 1984, I was not aware of the Post's ownership of the Herald.
And as if the above article was not enough, the following paragraph made one author allot of money for a book he researched
"from the subway", ignoring all available media print to the contrary and with conspiracy to libel with the publisher to get
this book to market and damn the consequences so they could make a few dollars.
The lawyers who specialize in libel
and slander and conspiracy to do such things want $10,000 up front to take on such a case, even though it appears to be a
'slam dunk' type of legal action.
The author has been notified by persons who are aware of the libel and slander.
One lawyer even suggested the author remove the offending paragraph from further book sales. Alas, the author thought
that would harm his reputation as a reaearcher and writer. Oh, well..... Every time someone Google's the
authors name or the title of his book, they will no doubt come across this small missive of retaliation and reputations by
THE PHOENIX PROGRAM
by Douglas Valentine
William Morrow and Company, Inc.
Phoenix in Flight page 211
for the 'heavy-handedness' cited by Dillard, on November 27, 1967, Fifth Special Forces Captain John McCarthy was sitting
beside his principal agent, Inchin Hai Lam (a Cambodian working for B-57 out of Quang Loi), in the front seat of a car parked
on a street in Tay Ninh. A suspected double agent, Lam was a member of the Khmer Serai, a dissident Cambodian political
party created by the CIA to overthrow Cambodia's Prince Sihanouk. Without warning, McCarthy turned and put a bullet
between Lam's eyes.
McCarthy was tried for Lam's murder, and the ensuing scandal raised questions about the legality
of "terminating with extreme prejudice" suspected double agents. The issue would surface again in regard to Phoenix."
Valentines 'source' for the information in the above paragraphs, was a CIA Agent who was not in Vietnam during the time in
question. Those who have been in the Phoenix Program and read Valentine's book, have noted other sources of Valentine's research
who claimed to be in the Program were not even in the service, much less Phoenix, but that information which was passed on
to Valentine has also been ignored for fear of reputation blowback.
I have never been to the city of Tay Ninh, and
I have certainly never shot anyone between the eyes, yet.
One must wonder what makes a person tick to write whole cloth
lies that could very well cause some right wing thinking 'do-gooder' to take revenge as a result of Valentine's wild fantasy.
Is that not why the libel laws were written? Is there not a hidden agenda here?
This seems like a good place to place a quote from former Congressman John Rhodes, a Republican from Arizona who
became very much involved with my case, in a conversation with my mother in 1969.
"Mrs. McCarthy, I am sad to say
that your son's case is America's Dreyfus Affair".
This quote was long before we knew of the treasonous acts of
the Intelligence Community but soon enough after that the odorous stench of treason was still in the air of Washington, D.C.