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<br /> 2. an January 20, 1944, at or about the hour of 6 :45 P.r�I. ���fhile on
<br /> duty you did request one Norma Jean Evans, a feraale, a;ed 15, to get
<br /> into a squad car which you ti^rere driving rrhile. you were cruising tivith
<br /> the City of South Bend, Indiana; that you requested her to get into said
<br /> equad car v�ithout ang suspicion that she had committed any violation
<br /> or was about to coirnnit �.ny violation of the lati�; that you then proceeded
<br /> to drive witY�her out into the outskirts of the Cit� of South Bend,
<br /> Indiana, where you proceeded to have sexual intercourse v�Tith the said
<br /> Vorma Jean Evans, in the back seat of the said squad car, �he being a
<br /> minor, aged 15, a�ainst her will and without her consent and by force.
<br /> 3. an the evening of January 20, 1944, bet�een the hours of 6:00 o �clocl�
<br /> and 6:45 o tclock you tivere present in the horne of John_ Herringer, 1341
<br /> North Prieade Street, South Bend, Indiana, not�vithstandin� you vrere not
<br /> requested to go t,her� in the line of your duty, and that you vrere on
<br /> duty at said time; that on many previous occasions v�hile on'duty and not
<br /> in the line of dut;�, you visited with the said John Herrin�er and his
<br /> wife� in their home.
<br /> 4. Upon inquiry by the Chief of the South Bend City Police Foree, as to
<br /> whether you did take the said Norma Jean Evans in�o your squad car on
<br /> the night of January 20, 1944, you replied in the negative, and further-
<br /> more yo.0 stated that you had never seen her before; that thereafter
<br /> you did state and admit to the Chief that some woman �r�as in yo�r squad
<br /> car on the euening of January 20, 1944, and- signed a nmitten report to
<br /> that ef'fect. • - '
<br /> 5. Your act of taking the said Norma Jean Evans into your squad car
<br /> v�hile on duty and without provocation, -and your act of ta.king other
<br /> girls and people into your squad car vrhile on dut;�, constitutes isr�n.oral
<br /> conduct and .conduct injurious to the publie peace -and welfare, and con-
<br /> stitutes conduct �unbecoming an Officer,• as set forth in Burns Indiana
<br /> Statutes, 1933, Section 48-6105. Such conduct further constitutes
<br /> a violation of rule 8 of the South Bend City Police Depart:nent, adopted
<br /> b� the �oard of Public q"�orl.�s and Safety on the 18th day of September,
<br /> 1939 . Said rule 8 provides that Police E�fficers shall avoid any conduct
<br /> or speech ��vhich is subversive to good conductr or discipline. Said
<br /> conduct further constitutes a violation of rule 12, 1vhich prov3.des
<br /> •that Officers shall not conduct themselves in an i�moral indecent,
<br /> le��vd or disorderly manner, nor in a manner yJhich might be construed
<br /> by an observer as immoral, indecent•, letivd or disorderly, and said rule
<br /> 12 further provides that Police Officer�s shall not be guilty of any
<br /> nisconduct or conduct prejudicial to �ood order and discipline or conduct
<br /> unbecor,ling an Officer and Gentleman.
<br /> 6. Your conduct in taking the said PTcrma Jean Evans out to the outslfl.rts
<br /> of. the City of South Bend, Indiana, and having sexual intercourse with
<br /> her under conditions as above alleged, also constitutes a violation of
<br /> the provisions of Section 48-6105, Burns Indiana Statutes, 1933, as
<br /> above alleged, a violation of rule 8 of the South Bend C3ty Police
<br /> Department, as above• alleged, and aviolation oi rule 12, as above alleged.
<br /> 7. Your act of telline an untruth to the South Bend Ci�ief of Police, as
<br /> above alleged, cons�itutes a violation oi rule 4, of the South Bend Cit�
<br /> Police Department rules; requiring �fficers to speak the truth at all
<br /> times. - � .
<br /> � 8. Your conduct in being in the horne of John Herringer on the night of
<br /> January 20, 1944, and other nights z7hile ,ou ti�rere on dut�, constitutes
<br /> a violation of rule 5 of the said regulations, i�hich provide that officers
<br /> shall not be absent from duty 1�ithout perr.iission.
<br /> 9. Your conduct in permitting and alloi�ing persons to get into your
<br /> squad car and ride �vhile �ou vrere on duty constitutes a violation of �en-
<br /> eral unvrritten laws of the Police Depar�nant, and a violation of a special
<br /> written order posted by the Chief of Police on the 7th day of June, 1943.
<br /> Dated this llth day of February, 1944. - ` �
<br /> Respectfully yours,
<br /> EQARD OF PUt3LIC SVQRKS AND SAFETY
<br /> James F. Conboy, �lerk.
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