October 24, 2004

Plea lets officer get wrist slap

Choice of the charge was an indecency, too

By Dianne Williamson
T&G STAFF

It's a pet peeve of police, the way criminals they've worked hard to arrest end up with a slap on the wrist from the courts.

But when the alleged criminal is also a cop, such incidents are particularly galling. Especially when you consider the case of Worcester Police Sgt. Paul Ohman, who remains on the city payroll and has largely managed to avoid any real consequences of his illegal and appalling behavior.

Sgt. Ohman had initially been accused by a Honey Farms employee of showing her nude photos of himself and then masturbating in a storage room in early 2003. But even though police officials were aware of the accusations, no action was taken until the victim spoke out in this space in March, at which point Sgt. Ohman was placed on administrative leave, also known as paid vacation.

Since that time, another woman came forward with similar accusations, telling police and the district attorney that Sgt. Ohman exposed himself to her and masturbated several times at the Honey Farms on Thomas Street where she worked. At all times, the 35-year-old sergeant was on duty and in uniform.

Earlier this month, the case against Sgt. Ohman was resolved in a manner that has justly outraged one of his victims and raised questions about whether the public has been ill-served, and even snookered.

On Oct. 13, charges against Sgt. Ohman were continued without a finding in Central District Court after he admitted to sufficient facts for guilty findings on two counts of indecent exposure. In layman's terms, Sgt. Ohman acknowledged that yeah, if the case went to trial, a jury would likely find evidence that he did what he's accused of doing, not that he's admitting to it or anything.

As a result, Judge Austin T. Philbin placed the 10-year police veteran on pretrial probation, despite a recommendation from Assistant District Attorney Joseph J. Reilly III that Sgt. Ohman be found guilty and that he resign from the Police Department as a condition of probation. Instead, Judge Philbin left the sergeant's career up to police, and the charges will be dismissed in 18 months if Sgt. Ohman has no further difficulties with the law.

The court action has two crucial and utterly dismaying consequences. It enables a sexual offender to avoid registering as a sexual offender, and it makes it much harder for the city to rid itself of a troubled cop who has no business wearing the uniform.

"This man made me feel dirty, ashamed and humiliated," said Charlene Bailey of Worcester, 28, one of Sgt. Ohman's victims, who decided to come forward and be identified because of her anger with the courts. "He made my life miserable ... He was supposed to protect and serve people, not ruin their lives."

Ms. Bailey said she met Sgt. Ohman in late 1998 when he came to the Honey Farms where she worked. When she went outside to sweep the parking lot, she said Sgt. Ohman called her over to his truck, where he showed her nude photos of himself, exposed his genitals and masturbated.

She said he masturbated on about 10 other occasions over the next few years. She said she was fearful and intimidated, and didn't report him because she didn't think anyone would believe her.

"I shouldn't have let it happen, but it did happen," Ms. Bailey said.

But rather than throw the book at an officer who abused the public trust, Sgt. Ohman was charged by the police-friendly DA with the same offense levied on teenage boys caught urinating in parks. Indecent exposure is a low-level offense that does not require registration as a sex offender - and does not conform to the actions of a defendant accused of repeatedly masturbating in a public place.

Several legal experts agree that a more appropriate charge is open and gross lewdness and lascivious behavior, which pertains to conduct that intends to cause shock and offense. Anyone with more than two convictions of that charge must register as a sex offender.

Not that it matters anyway, since Judge Philbin allowed the defendant, the son of a veteran police lieutenant, to admit to sufficient facts. Only those who plead guilty or are convicted of certain crimes must register as sex offenders.

Asked about the Ohman case Friday, District Attorney John J. Conte issued a statement through his spokeswoman: "Based on all the evidence and information that we had at our disposal, we felt that the charges that were brought were appropriate. We, of course, are not satisfied with the disposition."

Nor should the public be satisfied. Because Sgt. Ohman was not convicted of a crime, he may have a good case to appeal what is sure to be a strong effort by the city to fire him. No police or city officials will discuss the case publicly, saying that it's a personnel matter, but Sgt. Ohman remains on paid vacation and will likely avail himself of the myriad rights available under Civil Service and collective bargaining.

And despite near-universal disgust with the sergeant among the rank and file, the police union may even support him in his efforts to keep his job, perhaps proposing that the officer be assigned to duties that involve no contact with the public. (His lawyer, David L. Cataldo, may have offered a glimpse into a possible future defense when he told the court that his client suffers from a sexual addiction and is under psychiatric care).

Mr. Cataldo did not return a phone call last week.

Wendy Murphy, a lawyer and victims' rights advocate, said Worcester residents should be concerned about the lack of public accountability in the Ohman case.

"When a police officer gets into trouble, it's particularly important that the criminal justice system handle the case appropriately, and that didn't happen here," she said. "Anyone who knows what sexual violence is about would have been loath to characterize that behavior as the same as a man who goes to the bathroom on the side of the road."

Sgt. Ohman's victim - who said she feels sorry for the many good cops who have been tainted by his actions - put it another way. She, too, is under psychiatric care and said she hopes that coming forward will help her heal.

"I was raised to respect cops, and he violated that trust," Ms. Bailey said. "I don't believe he's sick - I believe he got his kicks from it. People should know who the victims are and be able to hear our stories. I feel guilty, but I didn't do anything wrong. He did - and he got away with it."