E-FILED 2018 MAY 07 4:21 PM CARROLL - CLERK OF DISTRICT COURT

Philip Matthew Stinson, Sr., J.D., Ph.D. 
Criminal Justice Program 
College of Health and Human Services 
Bowling Green State University 
Bowling Green, Ohio 43403‐0147 
419‐372‐0373 
FAX 419‐372‐3415 
EMAIL stinspm@bgsu.edu 

April 30, 2018

Michael A. Giudicessi, Esquire

Susan P. Elgin, Esquire
Leita Walker, Esquire
Faegre Baker Daniels LLP
33rd Floor
801 Grand Avenue
Des Moines, Iowa 50309-8003

Re: Jacob M. Smith v. Jared J. Strong and Herald Publishing Company

Iowa District Court for Carroll County (Case No. CVCV039797)

Dear Counsel:

I write to provide my expert report in the above-captioned matter. My findings and

opinions expressed herein are accurate to a reasonable degree of professional certainty in my
field of expertise. I reserve the right to amend this report and to modify my findings and
opinions, in the event further credible information comes to my attention.

Facts considered in forming opinions. In preparing the report, I reviewed various

materials that you provided to me, including the following documents obtained or produced in
discovery in the above-captioned matter: CITYOFCARROLL 011-403, COS 001-533, DEFS
001-139, ILEA 001-042, Exhibits 3 and 29 from the deposition of Jeremiah Hoyt, criminal
charge documents for Randi Rinehart, photographs and smartphone screenshots from Randi
Rinehart, transcripts from depositions of Jacob Smith, Brad Burke, Jeremiah Hoyt, Gary
Bellinghausen, Michael Pogge-Weaver, and Randi Rinehart, and Exhibits 65, 66, and 86 from
the deposition of Brad Burke. I also reviewed Iowa Code §709.4(b) and §709.15.

The facts can be summarized as follows: Jacob M. Smith (DOB 4/6/91) attended college
for two years, earning an associate’s degree in Police Science from Hawkeye Community
College in December 2013, with a 3.1 cumulative grade point average (GPA). His matriculation
started with poor grades in his first semester when he earned failing grades in two of four classes
(College Preparatory Writing II and Introduction to Criminal Justice). Smith later retook both
classes and achieved passing grades in subsequent semesters. His academic performance
generally improved as he progressed through his matriculation. Following graduation from
Hawkeye Community College, Smith began working as a full-time police officer with the City of

DEFS 330

EXHIBIT 216 App. 1159

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Sumner, Iowa, effective on January 18, 2014. Smith attended the Iowa basic “level 2” law
enforcement academy conducted by Hawkeye Community College in Spring 2014. Training
records from the police academy indicate that Smith successfully completed the police academy
and was certified as a law enforcement officer by the State of Iowa Law Enforcement Academy
on May 9, 2014. Records from the Iowa Law Enforcement Academy indicate that Smith’s
employment with the Sumner Police Department ended on May 4, 2015, and that he was later
employed by the Carroll Police Department as a full-time police officer starting September 14,
2015, until he resigned on July 17, 2017. Smith married Julie Harford in June 2015 and divorced
on September 23, 2016.

Smith’s Employment with the Sumner Police Department

Smith applied on September 23, 2013, for a position as a police officer with the Sumner
Police Department. Smith was administered the Minnesota Multiphasic Personality Inventory
version 2 (MMPI-2) on January 21, 2014, by the Iowa Law Enforcement Academy (three days
after he was already hired by the Sumner Police Department). The MMPI-2 is a standardized,
567-item psychometric personality inventory that is commonly used to screen applicants for
police officer jobs at municipal police departments across the country. The psychological report
interpreting Smith’s MMPI-2 results is unsigned, and it is unclear if the document was computer-
generated based on computer-scoring of Smith’s MMPI-2 results or if the psychological report
was drafted by a psychologist. The cover letter from the Iowa Law Enforcement Academy that
accompanied the MMPI-2 psychological report when it was sent to the Sumner Police
Department indicates that it was from Cyndee Davis “Psychologist 2,” although the letter is
similarly unsigned. The letter states that the MMPI-2 is mandated by the Iowa Law Enforcement
Academy “for pre-employment selection” and “can serve as a useful source of information about
individuals applying for positions in law enforcement requiring stable psychological
adjustment.” The MMPI-2 psychological report for Smith indicates that his results fall in the
“B” classification group as the “individual shows some behavioral or emotional
CHARACTERISTICS OF A MINOR NATURE that may interfere with job performance but
may be remedied with training and/or supervision” [emphasis in original report]. The MMPI-2
psychological report further indicated that Smith’s test results show he “may over-emphasize
masculine traits; tend to be narrow-minded, and perceived as crude or insensitive” and that “he
may have some unconventional beliefs or attitudes that affect the way he gets along with
supervisors.” The report concluded that Smith “has a number of positive personality
characteristics that would fit in well in law enforcement” and that “test results suggest very few
likely employment problems in law enforcement.”

On January 22, 2014, Smith signed a contract agreeing to, among other things, reimburse
the City of Sumner for the costs of attending the police academy at Hawkeye Community
College if he resigned or was terminated prior to four years of employment with the Sumner
Police Department. Smith attended the police academy full-time from March 10, 2014, through
May 9, 2014. He thereafter commenced work as a patrol officer with the Sumner Police
Department.

Smith was disciplined numerous times while working for the Sumner Police Department.
Smith received disciplinary actions on November 5, 2014, and November 14, 2014. Both are

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referenced in a letter from attorney Luke Guthrie to Sumner Mayor Gary Walke dated April 2,
2015.

Smith received another warning, for conduct unbecoming of a police officer, after a
parent complained to Sumner Police Chief Nathan Craun on December 1, 2014, that Smith
exchanged messages with her 16-year-old daughter on Facebook. Smith was also disciplined by
Chief Craun with a written warning on February 5, 2015, for not completing a monthly report on
time, and another written warning on February 11, 2015, for questioning a superior officer when
Smith asked why he was required to attend a meeting in City Hall on his day off from work.

Smith’s numerous disciplinary actions were a topic of discussion at the Sumner City
Council meeting on February 20, 2015. Smith requested that the discussion be held in open
session of the City Council. Members of the City Council voiced concern at the meeting that
Smith had contacted a minor (16-year-old girl) on Facebook while he was on-duty. The Council
voted to move the February 5, 2015, and February 11, 2015, disciplinary memos to a restricted
file, and to keep the December 1, 2014, disciplinary memo in Smith’s personnel file.

Multiple citizens attended another Sumner City Council meeting on March 2, 2015, and
voiced complaints about Smith’s aggressive policing and what they viewed as harassment by
Smith during traffic stops that he made in their view without cause. Several citizens commented
that they were afraid to drive through the town for fear of being stopped or followed by Smith.
One person speculated that businesses in town were losing customers because people steered
clear of Sumner when Smith was on-duty as a police officer. Another person summed the
problem up by noting that “we aren’t Mayberry, but Smith needs to act a little more like Andy
and a little less like Barney.” One councilmember said that he had received 12-15 complaints
from citizens about Smith’s conduct while on-duty as a police officer.

On March 21, 2015, Chief Craun saw a video on Facebook that showed Smith and an
underage male consuming alcoholic beverages at a party. Chief Craun questioned Smith about
the video and determined that Smith lied to him when Smith denied knowledge of the incident.
Smith was suspended with pay from his position as a police officer with the Sumner Police
Department on March 27, 2015, pending further action of the City Council.

The Sumner City Council voted at its meeting on March 30, 2015, to start the pre-
termination process to fire Smith. The City Council held a pre-termination hearing during a
closed session on April 20, 2015. Records from the City of Sumner indicate that Smith’s
employment as a police officer with the Sumner Police Department ended on May 4, 2015, after
the Sumner City Council voted to terminate his employment.

Smith was notified on May 5, 2015, that he would be required to repay the City of
Sumner $17,691 for the costs associated with his police academy training (through monthly
payments of at least $200 per month) pursuant to the agreement that Smith signed when he was
initially hired in January 2014.

The Iowa Law Enforcement Academy received a Change-In-Status of Personnel form

from the Sumner Police Department on May 7, 2015, reporting that Smith had been dismissed

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from the Sumner Police Department effective May 4, 2015, for actions unbecoming a police
officer and that Smith was not eligible for rehire.

On May 12, 2015, Chief Craun sent a letter notifying Smith that he needed to return
property belonging to the police department, including all ammunition, 3 ammo bags, 1 asp, 1
asp holder, 1 badge, 1 belt keeper, 1 duty belt, 1 flashlight ring, 1 Glock 22 pistol, 1 Glock
holster, 1 handcuff case, 1 key holder, 1 mag pouch, all departmental paperwork, all department
policy books, 1 radio, 1 radio holder, 1 TASER, 2 TASER cartridges, 1 TASER holster, 1 under
belt, and all uniforms.

Smith thereafter filed a claim for unemployment compensation and was granted benefits
on May 22, 2015. The City of Sumner appealed, claiming that Smith was not entitled to receive
unemployment compensation. The decision awarding unemployment compensation to Smith
was reversed in a decision by an Administrative Law Judge on July 10, 2015, who held that
Smith was not entitled to receive unemployment compensation benefits because he was
discharged from employment due to job-related misconduct. The administrative law judge
further ordered Smith to repay $2,080 that had already been paid to him as unemployment
compensation. Smith then appealed to the Iowa Employment Appeal Board on July 24, 2015.
The Board affirmed the administrative law judge’s decision in favor of the City of Sumner.

Meanwhile, the City of Sumner filed a replevin action against Smith in the Iowa District
Court for Bremer County seeking the return of certain property that Smith refused or otherwise
failed to return to the Sumner Police Department when his employment was terminated. The
Court granted judgment in favor of the City of Sumner and a writ of replevin was issued to the
sheriff on July 24, 2015, to take possession of an asp, asp holder, belt keepers, duty belt,
flashlight ring, handcuff case, key holder, under belt, and police uniforms valued at
approximately $1,977. All of the property sought in the replevin action were recovered by the
sheriff and returned to the Sumner Police Department, except the handcuff case. Apparently
other city property in the possession of Smith, including his service weapon and badge, were
returned after the replevin action was filed in court but prior to issuance of the writ.

Smith filed a lawsuit against the City of Sumner in Iowa District Court for Bremer
County on June 16, 2016, seeking damages related to causes of action for breach of contract for
termination of employment, back pay for overtime pursuant to the Iowa Wage Payment
Collection Act, and wrongful discharge in violation of public policy for allegedly terminating
Smith’s employment when he demanded to be compensated for overtime worked. The lawsuit
was settled on May 1, 2017, when the parties entered into a settlement agreement and general
release with the City of Sumner paying Smith the sum of $10,000 and waiving any additional
payments by Smith for reimbursement of costs related to Smith’s police academy training. The
City of Sumner denied any liability to Smith.

Smith’s Employment with the Carroll Police Department

The MMPI-2 was again administered to Smith on August 18, 2015, by the Iowa Law
Enforcement Academy as part of the pre-employment screening process by the Carroll Police
Department. The cover letter (to the Carroll Police Department from Psychologist Cyndee

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Davis) and psychological report interpreting the MMPI-2 results are almost identical to the prior
MMPI-2 report, with a resulting classification level again of a “B.” The new report similarly
indicated that Smith “shows some behavioral or emotional CHARACTERISTICS OF A MINOR
NATURE that may interfere with job performance but may be remedied with training and/or
supervision” [emphasis in original report]. Personnel records from the Carroll Police
Department also indicate that Smith earned an overall score of 93% on the National Police
Officer Selection Test (POST), a pre-employment test of Stanard & Associates, Inc.

The pre-employment background investigation conducted by the Carroll Police

Department found that Smith’s prior employer, the Sumner Police Department, initiated a
replevin action against Smith to recover its property. Sgt. Jeremiah Hoyt interviewed Smith on
August 25, 2015, during the hiring process. During that interview, Sgt. Hoyt asked Smith what
he would do if given an order that he disagreed with, and despite having several opportunities,
Smith never confirmed that he would follow the order.

Smith was hired by the Carroll Police Department as a full-time police officer on
September 14, 2015.

During Smith’s field training in October and November 2015, Sgt. Hoyt noted that Smith
exhibited aggressive policing tendencies and frequently had to be reminded of legal boundaries.
In one incident while on patrol with Sgt. Hoyt during field training, Smith improperly operated
the radar gun (presumably obtaining a false reading on a driver’s speed). Smith conducted a
traffic stop, spoke to the driver in a condescending manner, and rebuked the driver for driving
too fast. When Smith returned to the police cruiser, Sgt. Hoyt confronted him about his error in
operation of the radar gun and directed Smith to apologize for his mistake and end the traffic
stop. Instead, Smith approached the motorist, avoided explaining his mistake, and advised the
motorist that he was “letting him off with a verbal warning” and warned the motorist that “in the
future he needed to watch his speed.”

Smith concluded his field training with Sgt. Hoyt on November 19, 2015, but Sgt. Hoyt
sent an email to Chief Brad Burke, Captain Mark Heino, and Sgt. J.J. Schreck advising that
although Smith was being released from field training, Sgt. Hoyt believed that Smith needed
constant monitoring on a weekly or monthly basis, due to a number of potential problems in
Smith’s performance. Sgt. Hoyt’s email addressed Smith’s “arrogant demeanor, questioning of
supervisors, errors in his tickets and reports, frequent false claims of ‘forgetting’ things when
confronted, blame-shifting, lack of detail in reports, apparent discrepancies in his report writing
and subsequent claims of ignorance, and an overall lack of reasonable suspicion and/or probable
cause when investigating crimes or making arrests.”

On November 26, 2015, Sgt. Hoyt reviewed Smith’s performance. His review mentioned
an unauthorized seizure of a firearm carried by a motorist with a concealed weapon permit,
continuing to conduct traffic stops after ending his shift, unlawfully stopping a vehicle for a non-
existent violation, concealing motives in his duties and report writing, and failure to
communicate with other officers. Sgt. Hoyt also reminded Smith to limit his law enforcement
duties to his regularly scheduled shifts.

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On December 4, 2015, Sgt. Hoyt conducted another review of Smith’s performance. The
review mentioned Smith’s tendency to aggressively enforce marijuana laws, potentially resulting
in illegal searches in violation of the Fourth Amendment. Sgt. Hoyt conducted the performance
review after Smith routinely “smelled the odor of marijuana” in what Sgt. Hoyt perceived as “an
abnormally large number of incidents” handled by Smith.

Smith received a letter of counseling on January 25, 2016, from the Carroll Police
Department for failing to appear on time for three court hearings in the previous week, resulting
in the dismissal of criminal charges against the defendant in one case, necessitating entry into a
plea bargain with a defendant in a second case, and leading to the rescheduling of a third case in
which the defendant also failed to appear in court. On May 12, 2016, Smith received a letter of
counseling from the Carroll Police Department warning Smith that missing court dates, showing
up for court appearances late and/or dressed inappropriately, and/or failing to notify witnesses of
court dates would result in harsher discipline.

On March 4, 2016, Sgt. Hoyt received an email from Captain Mark Heino advising him
to speak with Smith in reference to a lack of probable cause in making an arrest relating to a
protective order violation and related aiding-and-abetting charge. The County Attorney agreed
that there was no probable cause for the arrest and the charge was dismissed.

Sgt. Gary Bellinghausen sent an email to Smith on March 9, 2016, in reference to Smith
failing to provide detailed information in his reports and making questionable traffic stops. The
email also questioned Smith’s receiving of anonymous tips and reminded Smith that he needed
to corroborate those tips. Sgt. Hoyt also spoke to Smith about his use of anonymous tips and
advised Smith to identify all confidential tip sources in his reports. Sgt. Hoyt “suspected that
Smith was either making fraudulent claims of receiving anonymous tips or that they were
personal contacts who could not be considered independent and reliable sources.”

On April 18, 2016, Sgt. Hoyt sent an email to all Carroll police officers redistributing a
memo issued prior to Smith’s hiring. Sgt. Hoyt said the memo was redistributed after receiving
complaints from multiple officers saying that Smith was overly aggressive in his marijuana
enforcement and that Smith’s decisions often led to poor arrests or unfruitful search warrants.

On June 21, 2016, Sgt. Hoyt reviewed a video recording of a traffic stop conducted by
Smith after two other police officers complained to him of Smith’s purposeful targeting and
harassment of specific motorists, “his tendency to always be on a ‘power trip,’ his unlawful and
demanding overreach when dealing with citizens, his brash language and rude attitude, his empty
threats to potential offenders, his routine Fourth Amendment violations, and his routine smelling
of marijuana (when other officers do not detect any such odor).”

On July 1, 2016, Sgt. Hoyt sent an email to Chief Brad Burke outlining numerous
complaints against Smith. The complaints included a variety of issues that Sgt. Hoyt had
personally observed, were brought to his attention by other police officers and supervisors within
the Carroll Police Department, or were brought to his attention through informal citizen
complaints. According to Sgt. Hoyt, the issues addressed in his email to Chief Burke included:
rudeness and inability to positively interact with the public; accusatory policing methods;

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retaliatory practices against citizens and co-workers who “disrespect” Smith; threats of arrest or
punishment to confidential informants; concern by other others who avoid going on calls for
service or being associated with Smith and his case work; dishonest speech and behavior;
overconfidence and a tendency by Smith to think more highly of himself than he ought to; a
tendency by Smith to avoid advice from others; insubordinate behavior by Smith and failure to
obey direct orders and/or follow recommendations of his supervisors; failure by Smith to include
honest, factual, proper information on search warrants and arrest warrant applications; numerous
repeated Fourth Amendment violations by Smith; insistence by Smith on interjecting himself in
other officers’ cases; officer safety issues relating to Smith; a general lack of humility and
display of a know-it-all attitude by Smith where he sought to debate with other officers and cite
his knowledge and perspective, despite being a relatively new officer; Smith’s false claims of
smelling marijuana during many incidents and traffic stops; and Smith’s failure to establish
probable cause and/or reasonable suspicion in many incidents and traffic stops or stopping
vehicles for reasons that are not in violation of any law.

The Carroll Police Department received a 9-1-1 call at 12:20 a.m. on July 2, 2016, from a
17-year-old girl, Randi Rinehart, who reported that a suspicious male was attempting to break
into her car at the Walmart parking lot. Smith responded to the call for service and took a report
from Rinehart. Rinehart, who had recently completed her junior year (11th grade) in high school,
had not previously met Smith. Over the course of the next three days, Smith exchanged 74 text
messages with Rinehart from his personally owned smartphone, including 28 text messages
exchanged in a four-hour period while Smith was on-duty working as a police officer on the
evening of July 2, 2016. Smith admitted that the text messages were flirtatious.

On July 18, 2016, Sgt. Hoyt reported that a citizen complaint was filed against Smith by a
female who said that Smith pressured her to provide narcotics information about her boyfriend,
and that her boyfriend then threatened her after Smith divulged information to the boyfriend
indicating that she had been his informant. Sgt. Hoyt determined that there was insufficient
evidence to confirm the allegations in the citizen complaint. Sgt. Hoyt told Smith to not take any
further action in this case, and later learned that Smith complained to several other police officers
about Sgt. Hoyt’s handling of the incident and questioned Sgt. Hoyt’s supervisory decisions.

Smith’s employment performance evaluation of July 28, 2016, indicated that he was
having difficulties performing several aspects of his job as a police officer with the Carroll
Police Department. His rankings were below average (“fair”) in the areas of work habits,
personal efficiency, judgment, dependability, interpersonal skills, and overall evaluation of
performance. Smith’s rankings were “satisfactory” in the areas of job knowledge, initiative, and
job attitude. Specifically, he received rankings of “fair” (2 out of 5 points, on a Likert scale) for
work habits below job requirements in some respects; efficiency below job requirements in some
respects; decisions not entirely adequate to meet demands of job; dependability not fully
satisfactory; interpersonal skills need improvement to be satisfactory; and, does not fully meet
requirements of the job. The same evaluation ranked Smith as “satisfactory” (3 out of 5 points,
on a Likert scale) for knowledge satisfies job requirements; exercises full amount of initiative
required by the job; and, favorable attitude. He received no rankings of “very good” or
“excellent.” The narrative portion of Smith’s evaluation summarized his performance
weaknesses as follows:

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Jake struggles with interpersonal relationships and the PD has received several
complaints about his interactions with the public. The complaints consistently reference
his haughty demeanor, excessive sarcasm, disrespectful tone of voice, and his aggressive
or obtrusive policing methods. Within the department several of Jake’s co-workers have
cited similar issues with him. In addition, the legality of many of Jake’s traffic stops and
arrests have come into question by the public and Jake’s co-workers; and in several cases
have resulted in lost court cases. Jake has also received two letters of counseling for
missing court and/or arriving late or unprepared for court.

(CITYOFCARROLL 101).

Sgt. Hoyt looked up Smith on Facebook on August 26, 2016, and noted that Smith was
“friends with several individuals who had reputations for committing various petty crimes or
often exhibited deviant behavior.” On August 31, 2016, Sgt. Hoyt began to formally investigate
Smith after having heard numerous rumors from citizens in Carroll, including rumors related to
Fourth Amendment violations by Smith, as well as rumors related to Smith’s inappropriate
sexual relations with female minors and unlawful purchasing of alcoholic beverages for minors.
Sgt. Hoyt provided his investigative notes to Chief Burke and Sgt. Bellinghausen.

Smith received a written reprimand from the Carroll Police Department on November 14,
2016, that encompassed three areas of concern. First, Smith was found to have violated
departmental policy by engaging in off-duty behavior that constituted abetting a person in the
commission of a traffic offense when Smith drove a person with a suspended driver’s license to a
location where that person drove off in a motor vehicle. Second, Smith violated departmental
policy through insubordination when he referred to a police sergeant as “acting like an idiot” in
an electronic communication with a member of the public. Third, Smith was warned to cease
close personal relationships with minors. The written reprimand was the result of an internal
investigation into numerous allegations involving Smith, including claims that he purchased
alcoholic beverages for teenagers and that he hosted late-night parties at his home that were
frequented by several male high school students. During the course of the investigation, Smith
was advised of his Garrity rights when he was questioned by Captain Heino on October 18,
2016. That interview ended when Smith invoked his Weingarten rights to have his union
representative present after Captain Heino asked Smith if a male teenager named Jordan O’Toole
had ever spent the night at Smith’s home. The interview was completed a day later when Smith
was accompanied by his union representative.

By January 2017 Smith and Randi Rinehart had engaged in sexual intercourse with each
other on at least one occasion when Rinehart stayed overnight with Smith in his home. Around
that time they acquired a pet dog together, and Rinehart occasionally stayed overnight at Smith’s
house until she moved in with him in February 2017. Both Rinehart and Smith claim that they
refrained from having sexual intercourse again until the occasion of Rinehart’s 18th birthday in
March 2017. During this time period Rinehart told others that she was living with her boyfriend.
Rinehart was still attending high school in a nearby community.

A civil action was filed on March 31, 2017, in the United States District Court for the
Southern District of Iowa by a pro se jail inmate, Dustin Hill. Hill’s complaint was handwritten

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and he articulated separate claims pursuant to 42 U.S.C. §1983 against the Carroll County
Sheriff’s Office claiming that he was denied proper medical treatment after he injured his hand
when he punched a jailhouse wall, and against Smith, claiming that he shocked Hill with a
conductive energy device at the end of a “high speed chase.” Hill alleged that Smith deployed
his TASER on Hill while Hill’s car was still in gear, which Hill said resulted in his car
involuntarily driving in reverse and striking a police cruiser. Hill’s complaint against Smith also
stated that he was aware that Smith was “illegally dating a minor, Randi Rinehart” and that “this
improper relationship has been broadcast via Facebook.” On April 19, 2017, the case was
transferred to the United States District Court for the Northern District of Iowa by order signed
by Judge Rebecca Goodgame Ebinger. The case was dismissed without prejudice on May 10,
2017, by order of Chief Judge Leonard T. Strand for failing to comply with various provisions of
the Federal Rules of Civil Procedure.

On April 22, 2017, Smith conducted a traffic stop and was assisted by Sgt. Hoyt. During
the traffic stop Sgt. Hoyt observed several individuals taking a video of Smith from a distance.
Sgt. Hoyt approached the individuals and they explained to him that they meant no disrespect,
but that they didn’t trust Smith. Several other bystanders also complained to Sgt. Hoyt about
Smith’s activities, and they indicated that they were telling everyone they knew in Carroll to
record all incidents with Smith. One of the bystanders asked Sgt. Hoyt if he knew that Smith
was having a sexual relationship with a 17 year-old girl who buys marijuana and then tells Smith
from whom she purchased the drugs.

During April 2017, Sgt. Hoyt spoke separately with Journee Kajewski and Brooke
Warneka on at least three occasions about Smith according to his notes. They advised that
Brooke Warneka had sexual relations with Smith, and both Warneka and Kajewski had been in
Smith’s home and observed that on occasion Smith had provided alcoholic beverages to minors,
purchased tobacco for minors, shared police department-related information with citizens, and
used insubordinate language when talking about his sergeants. Warneka and Kajewski also
claimed that Smith had started a sexual relationship with Randi Rinehart when Rinehart was 16
years-old, and shared pictures with Sgt. Hoyt from Facebook and Snapchat showing Smith and
Rinehart with alcoholic beverages in their hands, showing public displays of affection, and
generally demonstrating Smith’s ongoing relationship with Rinehart. Warneka and Kajewski
also reported their concerns about Smith to Chief Burke, but he told them that their reports were
not credible.

On May 1, 2017, Sgt. Hoyt responded to call for service from Brooke Warneka about her
vehicle being vandalized by Smith’s girlfriend, Randi Rinehart, and two others (Journee
Kajewski and Chelsea Fishback). Sgt. Hoyt said that Warneka and her mother were concerned
that nothing would be done about the incident since Smith was in a relationship with Rinehart
and now friends with Kajewski. Sgt. Hoyt sent an email to Chief Burke, Sgt. Bellinghausen, and
Detective Klever advising them of the vandalism incident and his findings.

Sgt. Hoyt sent an email to Chief Burke on June 18, 2017, advising him of a complaint
filed against Smith by Ekevia Green. Green had reported to Sgt. Hoyt that Smith was harassing
him by conducting an unlawful arrest and then “un-arrested” him. Sgt. Hoyt viewed a video
recording of the incident and determined that the arrest by Smith was unlawful.

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On June 23, 2017, Chief Burke received a phone call from Jared Strong, a reporter with
the Daily Times Herald. Strong said he was investigating allegations about Smith and his
relationships with teenage girls. Chief Burke soon thereafter commenced his own internal
investigation into the allegations against Smith. Smith was suspended with pay from his position
as a police officer with the Carroll Police Department on July 10, 2017. As part of the internal
affairs investigation, Smith was twice notified of his Garrity rights prior to being questioned by
Sgt. Bellinghausen on July 13, 2017, and July 14, 2017.

Smith resigned from the Carroll Police Department in lieu of termination on July 17,
2017, after an internal investigation into Smith’s relationship with Rinehart determined that he
violated the Standard of Conduct section of the department’s Standard Operating Procedures
which states “employees shall conduct their private and professional lives in such a manner as to
reflect credit on the department and City of Carroll.”

Specifically, the investigation determined that:

 Smith began a relationship with a 17-year-old girl, Randi Rinehart, who

subsequently moved into Smith’s residence while she was enrolled as a high
school student. During that time Smith was sexually active with Rinehart.
 Rinehart became jealous of another sexual relationship Smith was having with a
19-year-old female, and Rinehart pleaded guilty to vandalizing the 19-year-old’s
vehicle.
 Rinehart continued living with Smith after the vandalism incident, even though
Smith was aware she was charged with a felony.
 During a 4th of July party, Smith provided alcohol to a 19-year-old female who
was already intoxicated.
 In a prior written reprimand issued in November 2016, Smith was counseled
regarding the inappropriateness of Smith’s off-duty relationships with minors.

On July 21, 2017, the Iowa Law Enforcement Academy received a Change-In-Status of
Personnel form from the Carroll Police Department reporting that Smith had resigned in lieu of
termination effective July 17, 2017, and that Smith was not eligible for rehire. The Academy
asked for additional information but its file materials failed to show that Chief Burke responded
to the request the Academy made to him.

Statement of expert opinions. Many police departments across the United States utilize
early warning systems as a police management tool and best practice designed to identify
officers whose behavior is problematic, provide intervention to correct poor performance when
appropriate and warranted, weed-out officers whose problem behavior over time justifies
termination, and preserve the integrity and public trust of local law enforcement agencies. Usage
of early warning systems in state and local law enforcement agencies across the country over the
past 20 years has become a standard best practice with the realization that a small percentage of
problem officers are responsible for a disproportionate share of citizen complaints, use-of-force
incidents, and other problematic occurrences.

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Jacob Smith has demonstrated through his behavior while employed as a full-time police
officer with two municipal law enforcement agencies that he is a problem officer. I do not
believe that any professional state or local law enforcement agency would hire Smith as a sworn
officer. The following are examples of Smith’s past behaviors that would typically be included
in a police department’s early warning system to flag problem officers:

1. Smith was disciplined after a parent complained that Smith sent messages to her 16-year-
old daughter on Facebook.
2. Smith was disciplined for failing to submit a required monthly report in a timely fashion.
3. Smith was disciplined for questioning a superior officer about attending a meeting in City
Hall on his day off from work.
4. A city councilmember estimated that he had received 12-15 citizen complaints about
Smith’s performance as a police officer.
5. Smith was terminated from the Sumner Police Department after being seen in a video
posted on Facebook where he was drinking alcoholic beverages with an underage person
at a private party.
6. The police chief determined that, when questioned, Smith had lied to him in denying
knowledge of the drinking incident in the Facebook video.
7. The Sumner Police Department reported to the Iowa Law Enforcement Academy that
Smith had been dismissed for conduct unbecoming a police officer and was not eligible
for rehire.
8. Smith refused and otherwise failed to return property belonging to the Sumner Police
Department after his employment was terminated, including his service weapon, a stun
gun, badge, radio, uniforms, and various gear. The gun and badge were returned by
Smith only after legal action was filed against him in court, and the other equipment was
only recovered when the sheriff executed a writ of replevin seizing the property from
Smith.
9. Nine months after starting work as a police officer with the City of Carroll, Smith
commenced an inappropriate relationship with a 17-year-old girl he met after he
responded to a call for service from the girl complaining of someone attempting to break
into her vehicle parked in a Walmart parking lot. Over the course of the next three days
after meeting the 17-year-old girl, Smith exchanged 74 text messages (including 28 text
messages while he was on-duty working as a police officer the evening after he first met
her in the Walmart parking lot).
10. Smith’s one-year performance evaluation by his sergeant at the Carroll Police
Department indicated that the department had received numerous complaints from
citizens and co-workers about his “haughty demeanor, excessive sarcasm, disrespectful
tone of voice, and his aggressive or obtrusive policing methods.”
11. The same one-year performance evaluation questioned “the legality of many of Jake’s
traffic stops and arrests … [that] have resulted in lost court cases.”
12. Smith was disciplined for being late to court and failing to show up for court appearances
at the required times, and when he did show up, for being dressed inappropriately.
13. Smith was disciplined for allowing a person with a suspended driver’s license to drive off
in an automobile.
14. Smith was disciplined for insubordination after he referred to a police sergeant as an
idiot.

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15. Smith was warned to cease his close personal relationships with minors.
16. An inmate filed a federal civil rights lawsuit asserting on-duty misconduct by Smith and
raised concerns in his complaint that Smith was engaging in an improper sexual
relationship with a minor.
17. Smith resigned in lieu of termination after it was determined that:
a. Smith began an inappropriate, intimate relationship with a 17-year-old girl who
moved into his residence while the girl was still in high school;
b. Smith allowed the girl (who was then 18-years-old and a senior in high school) to
continue living with him after she was charged with a felony for vandalizing the
automobile of a 19-year-old female after finding out that Smith was also having a
sexual relationship with her;
c. Smith lied to the police chief when questioned about the nature and duration of
his sexual relationship with the teenage girl living with him while she was
attending high school; and,
d. Smith provided an alcoholic beverage while off-duty at a party to a different 19-
year-old female who was already intoxicated.
18. On at least three occasions while working as a police officer, Smith was advised of his
Garrity rights when questioned by a supervisor during administrative disciplinary
investigations.
19. The Iowa Law Enforcement Academy was notified by the Carroll Police Department that
Smith had resigned in lieu of termination and was not eligible for rehire.
20. At his deposition in the instant matter, Smith admitted that he started a sexual
relationship with Randi Rinehart when she was a 17-year-old high school student and that
he lied to police officials when he denied it during an internal affairs investigation.

The phenomenon of the “problem officer” was first recognized in the 1970s by policing
scholar Herman Goldstein, who noted that problem officers are well-known to their supervisors,
to the top administrators in their police department, to their fellow police officers, and to the
residents of the areas in which they work. Smith was one such problem officer. His personnel
files are replete with information that demonstrate that Smith’s serial police misconduct was
well-known to his police colleagues, supervisors, police chiefs, and many of the residents in the
communities where he worked as a police officer.

Smith’s actions in exchanging 74 text messages over three days with Randi Rinehart, a
17-year-old girl he met when she called 9-1-1 to report a suspicious person, were excessive,
predatory, and inappropriate behavior for a police officer. Over the course of several weeks or
months, Smith socialized with Rinehart’s high school classmates, apparently won the trust of
Rinehart’s mother, provided gifts to Rinehart and some of her friends, and ultimately prevailed
with his conquest when these grooming activities led to a sexual relationship with Rinehart
whereby she moved into his home and cohabitated with him while she attended her final year of
high school. They engaged in sex at least once prior to Rinehart’s 18th birthday, and regularly
had sexual relations once she turned eighteen.

Smith lied to the police chiefs in both municipal police departments where he worked,
and in his deposition admitted to lying to Chief Burke. His record as a confessed liar would
make it difficult for prosecutors to rely on Smith’s testimony at any criminal trials in the future.

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Prosecutors have an affirmative duty to disclose exculpatory evidence to defense counsel

pursuant to the holding of Brady v. Maryland, 373 U.S. 83 (1963). Prosecutor’s offices maintain
“Brady lists” of officers who have a record of lying, including officers who have a record of
being untruthful in disciplinary investigations. See Giglio v. United States, 405 U.S. 150 (1972)
and United States v. Cummings, 2011 U.S. Dist. LEXIS 43364 (D. Conn. 2011). In the future,
any prosecutors calling Smith as a witness at a criminal trial would have to disclose to defense
counsel Smith’s record as a known liar because a prior record of police misconduct involving a
lack of veracity is relevant to determining his credibility. As such, it would be inappropriate for
Smith to ever work again as a sworn law enforcement officer because he cannot perform one of
the most basic duties of a police officer: credibly testify in court in criminal prosecutions.

The image projected by police officers in conduct while on-duty and off-duty is vital to
the mission of the police and, consequently, police officers must conduct themselves with sound
discretion and good judgment at all times to earn and maintain the public trust. Eilers v. Civil
Service Commission of the City of Burlington, 544 N.W.2d 463, 466 (Ct. App. Iowa 1995). The
public has a reasonable expectation that police officers be “of character, sobriety, judgment, and
discretion.” Millsap v. Cedar Rapids Civil Service Commission, 249 N.W.2d 679, 684 (Iowa
1977). Smith has failed to live up to these standards.

In summary, it is my opinion to a reasonable degree of professional certainty in my field

of expertise that Smith has demonstrated that he is a problem officer with an inability or
unwillingness to adhere to the ethical standards required of police officers. Further, it is my
opinion to a reasonable degree of professional certainty in my field of expertise that Smith’s
misconduct in his two full-time jobs in law enforcement should preclude a professional law
enforcement agency from hiring him as a sworn officer.

Exhibits that will be used to support opinions. None anticipated at this time.

Qualifications. I serve as a tenured associate professor of criminal justice at Bowling

Green State University. My primary research is in the area of police behaviors, including police
corruption, police misconduct, and police crime. I have an earned Ph.D. in Criminology from
Indiana University of Pennsylvania (2009), a master’s degree in Criminal Justice from West
Chester University of Pennsylvania (2005), a law degree from the University of the District of
Columbia (1992), and a bachelor’s degree from George Mason University (1986). I am a
graduate of the New Hampshire Police Academy (1986), and worked in law enforcement as a
sworn police officer with the Dover Police Department in New Hampshire (1986-1988) and as
an emergency communications technician (1982-1986) and an auxiliary police officer (1985-
1986) with the Arlington County Police Department in Virginia. Currently I serve as a
consultant for the National Institute of Justice at the U.S. Department of Justice, and was
previously principal investigator on a research grant awarded by the National Institute of Justice
at the U.S. Department of Justice (NIJ Award No. 2011-IJ-CX-0024).

As part of my academic and scientific research, I maintain a database of police officers

across the United States who have been arrested. Currently the database includes documents and
information on more than 14,000 criminal cases from the years 2005-2018 involving almost
12,000 individual nonfederal sworn law enforcement officers each of whom were arrested or

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charged with one or more crimes. The arrested officers were employed by over 4,200 state,
local, and special law enforcement agencies located in more than 1,675 counties and independent
cities in all 50 states and the District of Columbia. Approximately 1,100 new cases of sworn
officers arrested for criminal conduct are added to the research database annually. I have the
opportunity to review the case files for each of the cases in the database, and such records
typically include news articles as well as, when available, police reports, court records, videos,
and related documents. For the past four years I have studied fatal police shootings and provided
all data for a joint research project with The Washington Post (2015), for which they were
awarded the 2016 Pulitzer Prize for National Reporting. I also provided the data on police
misconduct for a joint research project with The Wall Street Journal (2016) on police officers
who move from one local law enforcement agency to another after being convicted of a crime
and/or losing their job subsequent to arrest. I have also reviewed police reports and video
recordings in dozens of police shooting incidents for the purpose of rendering opinions regarding
the legality of police shootings at the request of various news organizations. Further details of
my qualifications, education, training, and experience are contained in my curriculum vitae.

I have authored the following publications in the past ten years:

Refereed Articles:

Brewer, S. L., Brewer, H. J. & Stinson, P. M. (2017). Fearful and distracted in school: Predicting
bullying among youth. Children and Schools, 39(4), 219-226. doi:10.1093/cs/cdx021

Stinson, P.M., & Brewer, S. L. (2016). Federal civil rights litigation pursuant to 42 U.S.C. §1983
as a correlate of police crime. Criminal Justice Policy Review. doi:10.1177/0887403416664115

Stinson, P. M. (2015). Police crime: The criminal behavior of sworn law enforcement officers.
Sociology Compass, 9(1), 1-13. doi:10.1111/soc4.12234

Stinson, P. M., Brewer, S. L., Mathna, B. E., Liederbach, J., & Englebrecht, C. M. (2014). Police
sexual misconduct: Arrested officers and their victims. Victims & Offenders, 10(2), 117-151.
doi:10.1080/15564886.2014.939798

Stinson, P. M., Liederbach, J., Brewer, S. L., Jr., & Mathna, B. E. (2014). Police sexual
misconduct: A national scale study of arrested officers. Criminal Justice Policy Review, 26(7),
665-690. doi:10.1177/0887403414526231

Stinson, P. M., & Watkins, A. M. (2014). The nature of crime by school resource officers:
Implications for SRO programs. Sage Open, 4(1), 1-10. doi:10.1177/2158244014521821

Stinson, P. M., Liederbach, J., Fallon, L. F., Jr., & Schmalzried, H. (2014). Assessing sheriff’s
office emergency and disaster website communications. Criminal Justice Studies, 27(1), 4-19.
doi:10.1080/1478601X.2013.873202

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Stinson, P. M., Todak, N. E., & Dodge, M. (2013). An exploration of crime by policewomen.
Police Practice and Research: An international journal, 16(1), 79-93.
doi:10.1080/15614263.2013.846222

Stinson, P. M., Liederbach, J., Brewer, S. L., Jr., & Todak, N. E. (2013). Drink, drive, go to jail?
A study of police officers arrested for drunk driving. Journal of Crime and Justice, 37(3), 356-
376. doi:10.1080/0735648X.2013.805158

Stinson, P. M., Liederbach, J., Brewer, S. L., Jr., Schmalzried, H. N., Mathna, B. E., & Long, K.
L. (2013). A study of drug-related police corruption arrests. Policing: An International Journal
of Police Strategies & Management, 36(3), 491-511. doi:10.1108/PIJPSM-06-2012-0051

Stinson, P. M. & Liederbach, J. (2013). Fox in the henhouse: A study of police officers arrested
for crimes associated with domestic and/or family violence. Criminal Justice Policy Review, 24,
601-625. doi:10.1177/0887403412453837

Stinson, P. M., Liederbach, J, & Freiburger, T. L (2012). Off-duty and under arrest: A study of
crimes perpetrated by off-duty police. Criminal Justice Policy Review, 23(2), 139-163.
doi:10.1177/0887403410390510

Stinson, P. M., Reyns, B. W., & Liederbach, J. (2012). Police crime & less-than-lethal coercive
force: A description of the criminal misuse of TASERs. International Journal of Police Science
and Management, 14(1), 1-19. doi:10.1350/ijps.2012.14.1.237

Stinson, P. M., Liederbach, J., & Freiburger, T. L. (2010). Exit strategy: An exploration of late-
stage police crime. Police Quarterly, 13(4), 413-435. doi:10.1177/1098611110384086

Stinson, P. M., Huck, J. L., & Spraitz, J. D. (2010). A content analysis of Criminal Justice Policy
Review, 1986-2008. Criminal Justice Policy Review, 21(2), 239-260.
doi:10.1177/0887403409353165

Stinson, P. M. (2010). Pesach Rubenstein cheats the hangman: A case study of punishment and
the death penalty in the 1870s at Brooklyn's Raymond Street Jail. The Prison Journal, 90(1), 24-
47. doi:10.1177/0032885509357542

Technical Reports:

Stinson, P. M. (2017). Study of sworn nonfederal law enforcement officers arrested in the United
States, 2005-2011. ICPSR35648-v1. Ann Arbor, MI: Inter-university Consortium for Political
and Social Research [distributor]. doi:10.3886/ICPSR35648.v1

Stinson, P. M., Liederbach, J., Lab, S., & Brewer, S. L. (2016). Police integrity lost: A study of
law enforcement officers arrested. [NCJ 249850, Final Technical Report for NIJ Award No.
2011-IJ-CX-0024]. Washington, DC: U.S. Department of Justice, Office of Justice Programs,
National Institute of Justice.

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Stinson, P. M., Calogeras, Z. J., DiChiro, N. L., & Hunter, R. K. (2015). California police sexual
misconduct arrest cases, 2005-2011. Prepared for the California Research Bureau, California
State Library, Sacramento, CA.

Stinson, P. M., Brewer, S. L., & Liederbach, J. (2014). Lorain Police Department: A study to
improve patrol deployment. Ohio Consortium of Crime Science.

Book Chapters:

Stinson, P. M. (forthcoming). Document analysis. In J. C. Barnes & D. R. Forde (Ed.),

Encyclopedia of research methods and statistical techniques in criminology and criminal justice.
Hoboken, NJ: Wiley-Blackwell.

Stinson, P. M. (2017). Police interrogation. In C. Schreck (Ed.), Encyclopedia of Juvenile

Delinquency and Justice. Hoboken, NJ: Wiley-Blackwell. doi:10.1002/9781118524275.ejdj0022

Stinson, P. M., Liederbach, J., Fallon, L. F., Jr., & Schmalzried, H. (2016). Assessing sheriff’s
office emergency and disaster website communications. In H Smith (Ed.), Criminal justice and
public health. New York, NY: Routledge. [article reprint].

Stinson, P. M. (2013). Street-level police corruption. In J. I. Ross (Ed.), Encyclopedia of Street

Crime in America. Thousand Oaks, CA: Sage. doi:10.4135/9781452274461.n136

Stinson, P. M. (2009). Mental health screening as intake triage for juvenile girl offenders. In R.
Gido & L. Dalley (Eds.), Women's Mental Health Issues across the Criminal Justice System.
Upper Saddle River, NJ: Prentice Hall.

Stinson, P. M. (2009). Convict criminology. In H. T. Greene & S. L. Gabbidon (Eds.),

Encyclopedia of Race and Crime. Thousand Oaks, CA: Sage. doi:10.4135/9781412971928.n60

Stinson, P. M. (2009). Mollen Commission. In H. T. Greene & S. L. Gabbidon (Eds.),

Encyclopedia of Race and Crime. Thousand Oaks, CA: Sage. doi:10.4135/9781412971928.n215

Stinson, P. M. (2009). Tennessee v. Garner. In H. T. Greene & S. L. Gabbidon (Eds.),

Encyclopedia of Race and Crime. Thousand Oaks, CA: Sage. doi:10.4135/9781412971928.n326

Stinson, P. M. (2009). Zachariah Walker. In H. T. Greene & S. L. Gabbidon (Eds.),

Encyclopedia of Race and Crime. Thousand Oaks, CA: Sage. doi:10.4135/9781412971928.n359

Non-refereed Articles:

Stinson, P. M. (2017, May 31). Charging a police officer in fatal shooting case is rare, and a
conviction is even rarer. New York Daily News.

Stinson, P. M. (2017, February 10). Crime stats should inform the public: Trump is misusing
them to scare us instead. Washington Post.

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Stinson, P. M. (2016, December 15). Op-Ed: Cops shoot and kill someone about 1,000 times a
year: Few are prosecuted: What can be done? Los Angeles Times.

Stinson, P. M. (2015, December 8). Experts debate: Should shootings by police be treated as a
public health hazard? Stat News.

Stinson, P. M. (2015, September 21). Police shootings: A new problem or business as usual?
Uprooting Criminology

Stinson, P. M. & Liederbach, J. (2013). Research-in-brief: Sex-related police misconduct. Police

Chief, 80(8), 14-15.

Stinson, P. M. & Liederbach, J. (2012). Research-in-brief: Misconduct by experienced police

officers. Police Chief, 79(11), 12.

Stinson, P. M. & Liederbach, J. (2012). Research-in-brief: Officer-involved domestic violence.

Police Chief, 79(9), 14.

Non-refereed Research Briefs:

Stinson, P. M. (2016). The impact of police crime on LGBTQ+ people: Police Integrity Lost
Research Brief One-Sheet, No. 8. Bowling Green, OH: Bowling Green State University.

Stinson, P. M. & Liederbach, J. (2016). Police integrity lost: Introducing a study of law
enforcement officers arrested: Police Integrity Lost Research Brief One-Sheet, No. 7. Bowling
Green, OH: Bowling Green State University.

Stinson, P. M., Liederbach, J., Brewer, S. L., & Todak, N. E. (2013). Officers arrested for drunk
driving: Police Integrity Lost Research Brief One-Sheet, No. 6. Bowling Green, OH: Bowling
Green State University.

Stinson, P. M., Reyns, B. W., & Liederbach, J. (2013). Police criminal misuse of conductive
energy devices: Police Integrity Lost Research Brief One-Sheet, No. 5. Bowling Green, OH:
Bowling Green State University.

Stinson, P. M., & Liederbach, J. (2012). Officer-involved domestic violence: Police Integrity
Lost Research Brief One-Sheet, No. 4. Bowling Green, OH: Bowling Green State University.

Stinson, P. M., Liederbach, J., Brewer, S., Schmalzried, H., Mathna, B. E., & Long, K. (2012).
Police drug corruption: What are the drugs of choice? Police Integrity Lost Research Brief One-
Sheet, No. 3. Bowling Green, OH: Bowling Green State University.

Stinson, P. M., Liederbach, J., & Freiburger, T. L. (2012). Off-duty crime by police officers:
Police Integrity Lost Brief One-Sheet, No. 2. Bowling Green, OH: Bowling Green State
University.

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Stinson, P. M., Liederbach, J., & Freiburger, T. L. (2012). Late-stage police crime: Is it an exit
Strategy? Police Integrity Lost Research Brief One-Sheet, No. 1. Bowling Green, OH: Bowling
Green State University.

Databases:

Stinson, P. M. (2017). The Henry A. Wallace Police Crime Database [Database]. Available at:
https://policecrime.bgsu.edu

Prior expert experience. I have not testified as an expert at trial or by deposition in any
matter during the past four years. Currently I am serving as an expert for the plaintiff in the
matter of Nicholas Montel v. City of Springfield, Massachusetts, et al. (D. Mass. No. 3:16-cv-
30135-MGM) in the United States District Court for the District of Massachusetts – Western
Section. That case involves claims stemming from a police shooting incident.

Statement of compensation paid in this case. My fees are $250 per hour for
professional services rendered (billed at 1/10 hour increments) with a minimum fee of $5,000.
Reasonable expenses are to be reimbursed for personal vehicle mileage and out-of-town travel
per diem at the applicable IRS rates, commercial air travel (coach), lodging, and other out-of-
pocket expenses. All invoices are to be paid upon receipt for professional services rendered and
reimbursement of reasonable expenses. Payment is not dependent upon the findings, not the
outcome of any legal action, or the terms of any settlement of any underlying legal action. To
date I have received payment of $5,000. I have logged 48.7 hours and am currently owed a
balance of $7,175, with payment to me due now.

Very truly yours,

Philip Matthew Stinson, Sr., J.D., Ph.D.

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