FULL TIMELINE: APD Officer Rabb’s Disciplinary History

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By Meghan Simons, Special to The Atlanta Progressive News

 

 

January 16, 2005: Sgt. B.F. Jones began an investigation after Moori Rahman reported an incident involving Officer Rabb when he was off-duty.  The incident was summarized by Sgt. A.L. Lewis:

 

 

“On January 16, 2005, at approximately 0300 hours, I received a telephone call from Communications asking that I call Sergeant Baxter, Zone 3.  Sergeant Baxter advised that off duty Officer Edward L. Rabb was involved in a domestic dispute with victim, Ms. Moorie [sic] Rahman… According to Ms. Rahman, Officer Rabb forced his way into her apartment by pushing her front door open, which may have been unlocked.  Ms. Rahman said that she, along with her twelve year old sister, Christen and a friend, Travaris Jackson, were all sitting in her living room… Officer Rabb told her to come into the bathroom because he wanted to speak to her.  Once inside of the bathroom, Officer Rabb put his foot by the door, preventing her from getting out… Officer Rabb asked her if she was ‘fucking’ his cousin and she responded, no.  That is when Officer Rabb pushed her into the wall twice, causing her to hit her head.  Ms. Rahman stated that she was not injured but felt threatened for her life.”

 

 

Lewis further detailed that Rabb continued to return to the apartment multiple times, banging on the door, and according to Rahman, was “in a rage” trying to get in.  He further wrote, “I also observed approximately fifty to 100 small, round dents on the front door of Ms. Rahman’s apartment, which would be consistent with an Asp baton being used to knock on the door.”  He also noted that Rabb had called into work sick that day and met Ms. Rahman about two months ago on a traffic stop where he had stopped her, Ms. Rahman claimed, “for nothing” and “placed her in handcuffs.”

 

 

January 16, 2005: Officer Rabb was ordered to undergo a Substance Abuse Analysis test based on his statements regarding the domestic incident with Moori Rahman.  He received the memo at 1650 and had two and one half hours to comply.  He appeared for testing at approximately 1730.

 

 

January 16, 2005: Officer Rabb was relieved of duty, and suspended with pay.  He turned in his breast badge, his hat badge, his .40 Tactical Smith and Wesson service weapon, and 34 rounds of ammunition.

 

 

January 19, 2005: Rahman gave a written statement where she detailed how Rabb entered into her apartment uninvited, and demanded to speak to her about something.  She said she was “kind of scared” because “he looked mad,” but agreed to follow him into the restroom.  He blocked the door, preventing her from leaving.  She said he stated, “So you fucking your cousin now?… That nigga in there, you fucking him?” [There is a discrepancy between the statement and the report as to whether he was asking about his cousin or her cousin.]  She repeatedly answered no.  Rahman wrote that she kept telling him “he was scaring me.”  She continued, “But he kept telling me he wasn’t there to scare me.  He pushed me to the wall twice, the second time I hit my head on it but I wasn’t hurt.  I think he just wanted to scare me and that’s what he did while in the bathroom.  He kept telling me to take my pants off but I didn’t because I was scared.  I asked my little sister to bring me the telephone.”  She said she told him to leave after getting the door open.  After he finally left and began beating on the door repeatedly, Rahman thought he was going to kick it in, and wrote that she “had my [her] keys, and my sister and I were gonna jump out the window but we saw him come down the steps,” meaning Rabb had left.  She said it took the police thirty minutes to respond and that “if he was there to kill me I could have been dead in 30 min. that’s to [sic] long.”  She also stated it has been hard for her to sleep since the incident occurred.  She also told investigators that she and Rabb had been in a relationship prior to this incident, but she declined to press criminal charges because she said she was not hurt.

 

 

January 25, 2006: Sgt. Jones interviewed Officer Rabb.  When asked what occurred on the night of January 16, 2006, Rabb said he does not really remember.  He said he went to Officer Martin’s house to watch football and had several drinks in a row, even though he claimed “I am not a drinker.”  He consumed multiple alcoholic beverages to forget what happened to a fellow officer.  He said, “I blanked out and all I remember is sitting on Officer Martin’s couch.  I left Officer Martin’s house around 12:50 AM that Sunday morning.  My girlfriend, Kai Shareef, said that I came home around 2:50 AM.  That morning I recovered a receipt from Krispy Kreme that showed I purchased half dozens [sic] donuts at 1:23 AM.  The donuts were not eaten and I don’t recall going to Krispy Kreme.  I may have gone over to Moori’s house, and did those allegations she stated.”  He further states he was only friends with Rahman.  He claimed to have no contact with her at the time of the interview because he had been ordered not to speak with her by supervisors.  He refused to voluntarily submit to a Computer Voice Stress Analyzer or polygraph test “based on the inaccuracies of the voice stress test and my union representative.”  When asked by Jones if he had anything to add, he said, “I apologize for embarrassing the City and I am glad that nobody was hurt during this incident.”

 

 

January 25, 2005: Christen Mahoney, Rahman’s twelve-year-old sister, gave a sworn written statement to Sgt. Jones regarding the incident at her sister’s apartment.  She wrote, “Mr. Edward Rabb rudely bust in my sister’s home and asked her to follow him to the restroom.  So she did.  He was just telling her things that he was going to do to her.  So she tried to escape, but he kept on.  So she called me in there with her because she was afraid.  The only reason that he didn’t hurt my sister is because I was there, he said to sister [sic].  So we called the police right away.”  She said he did not appear to be drunk and that she did not smell any alcohol on Rabb.

 

 

She also said that Rabb did not talk to her at all during the incident, but “He was just looking at me.  He was smiling at me.”  Afterwards, Rabb came back “three times, but he couldn’t get in. We had chairs behind the door.”

 

 

January 26, 2005: Sgt. Jones interviewed Moori Rahman about the incident involving Officer Rabb at her apartment.  Jones asked when she met Rabb; she said it was during a traffic stop “maybe in October of 2004.”  She said Rabb placed her in handcuffs at one point, but did not arrest her.  Jones asked why Rabb did not write her a citation and she said, “I begged him not to.” She said she freely gave her personal information to Rabb after he did not write her a citation. Jones asked how Rabb was able to enter her home the morning of the incident, and she said she did not know if her door was unlocked, but “he just came in.”  She stated she did not smell any alcohol on Rabb, nor did he appear to be intoxicated, but that “he wasn’t himself.”  She stated she called Rabb later to see if he was okay.  According to Rahman, “He told me he did not remember what happened, but I think he was lying.  I just think he felt kinda bad.”

 

 

January 26, 2005: Officer Byron Martin was interviewed by Sgt. Jones regarding the incident.  He said Officer Rabb “had a drink” during the football game, but he didn’t know what he was drinking.  He denied Rabb seemed intoxicated at his home and when asked, “Did Officer Rabb ‘blank out’ while he was at your home?,” Martin replied, “No.”

 

 

Jones asked, “What was Officer Rabb’s physical condition when he left your home?”  Martin stated, “He was fine; he was sober to the best of my knowledge.”  Martin stated he would voluntarily submit to a voice stress analysis test or polygraph.

 

 

January 28, 2005: The incident report was faxed over to Sgt. Jones from the responding officers to the Rahman incident.  The incident report states alcohol is not related, and forced entry was used in the incident.  The incident report lists Rabb’s speech as normal but his sobriety as “unknown.”  One of the responding officers wrote that Rabb had called Rahman several times that day to say he was coming over and each time she asked him not to come over to her apartment.  Rabb did not leave during the incident until Rahman called 911.  She told investigators she and Rabb had a sexual relationship and that he had been to her apartment multiple times in the past.

 

 

February 15, 2005: Officer Rabb hit the rear of another vehicle on I-75 in stop and go traffic, causing over 900 dollars worth of damage to the patrol car.

 

 

February 18, 2005: Sgt. CJ Middlebrook submitted a memo to Officer Rabb’s file where he indicated Rabb was involved in an accident resulting in the hood and bumper of the patrol car to be pushed in.  “It is my finding that this accident was avoidable and I have recommended appropriate disciplinary action,” he writes.

 

 

March 3, 2005: An investigation was opened into the unsafe operation of Officer Rabb’s patrol car.  While behind the wheel, Rabb allegedly caused a minor accident on I-75.  This was a violation of rule 4.4.04, “Operation of City Vehicles.”

 

 

March 8, 2005: Sgt. Jones added an addendum to Rabb’s interview regarding the incident with Rahman.  Jones asks why Rabb did not issue a citation to an unlicensed driver, and Rabb says it is because she had a child with her who “stayed right around the corner” and that he ordered her to return to the house.  When asked if Rahman gave him her personal information in exchange for not being issued a citation, Rabb said, “No.  She said I was cute and gave it to me after my decision had been made not to issue a citation.”

 

 

March 14, 2005: Sgt. Jones again interviewed Rabb regarding the Rahman incident.  He asked Rabb about his “blanked-out” state at Officer Martin’s house.  Jones asked, “Since you remembered sitting on Officer Martin’s couch and leaving Officer Martin’s home around 12:50 AM, do you remember going to Ms. Rahman’s apartment?  If not, why not?”  Rabb answered, “No, I don’t remember going to her apartment and I don’t remember leaving Officer Martin’s house.  The reason I stated I left Officer Martin’s home around 12:250 AM is because Officer Martin told me later Sunday morning when I called him after I received the voice message from OPS.”

 

 

Rabb continued to blame his inability to remember on his consumption of alcohol.  Jones asked him if he could explain why Rahman and other witnesses did not smell any alcohol on him, and why he did not appear intoxicated, to which Rabb replied, “I don’t know.”  Rabb denied leaving a handwritten note on Rahman’s door.

 

 

March 16, 2005: Officer Rabb submitted to a voice stress analysis test which indicates deception on three of five relevant questions interspersed with control questions, out of a total of fifteen questions.  The questions where deception was indicated were:

 

 

Question #6: “Did you remember assaulting Ms. Rahman by pushing her into the wall?”  Rabb answered “No.”

 

 

Question #10: “Did you leave a handwritten note on Ms. Rahman’s apartment door?”  Rabb answered “No.”

 

 

Question #14: “Prior to the January 16, 2005 incident, were you aware that Ms. Rahman smoked marijuana?”  Rabb answered “No.”

 

 

A second examination was given with the same relevant questions, indicating deception on questions #6 and #14.

 

 

March 23, 2005: Jones added an addendum to Officer Martin’s previous interview.  He asked Martin if Rabb called him the next day to find out what time he left his house and whether he had to tell Rabb what time it was.  Martin replied, “I don’t think it was the next day.  Sergeant Jones, you were the first person that brought this to my attention, and he asked me do I remember what time he left my house.  I said, ‘Man, I don’t know.’  My female friend came to my house around 11:45 PM and Officer Rabb left about a minute after she got there.”  He again stated Rabb did not appear “blanked out.”

 

 

April 8, 2005: The findings from complaint #05-C-0032-MISC were prepared by Sgt. Jones and placed into Rabb’s file.  The findings state that on January 15, 2005 around 9:30 pm, Rabb went to Officer Martin’s home to watch a football game.  Rabb consumed alcohol at Martin’s house “in an attempt to forget what had happened to Officer S. Castro,” an officer severely injured in an automobile accident on his way to a call.  Rabb claimed to have “blanked out” while at Officer Martin’s house, and left around 12:30 AM.  Martin stated that Rabb “did not appear to be intoxicated, nor did Officer Rabb appear to have blanked out.”

 

 

Jones wrote that Rabb broke into Ms. Rahman’s apartment while a male friend and her twelve year-old sister were present.  After following Rabb into the bathroom at his request, Rahman said that he “pushed her twice into the wall” and kept his foot against the door to keep her from leaving.  Rahman’s sister, Christan [sic] Mahoney, corroborated what happened, stating Officer Rabb took her sister into the restroom and “he was telling her sister things he was going to do to her.”  Jones wrote, “Ms. Mahoney stated that Officer Rabb did not hurt her sister because she was there.”  According to Jones, “Officer Rabb stated that he may have gone over to Ms. Rahman’s house and committed the allegation Ms. Rahman stated.”

 

 

Jones further stated, “Prior to this incident, Officer Rabb stated he met Ms. Rahman on a traffic stop and she was driving with a learner’s permit… Officer Rabb allowed an unlicensed driver to drive away from the scene… because she had a small child in the car, and the child’s mother lived around the corner from the traffic stop.  On March 16, 2005, Officer Rabb submitted to a CVSA (Computerized Voice Stress Analysis) examination, and deception was indicated on three of the relevant questions.”

 

 

April 12, 2005: Officer Rabb received an oral admonishment, five day foot patrol assignment, and a driver retraining course as punishment for the accident complaint.  Rabb was unable to begin the foot patrol assignment, however, due to his placement on administrative duty by the Office of Professional Standards [apparently because of the other ongoing investigation].

 

 

May 9, 2005: A memo from Major W. Harris to Lt. M. Hendricks detailed complaint #05-C-0032-MISC, violation of rules 4.1.04 (Conduct) and 4.1.01 (Appropriate Action Required) regarding an incident between Rabb and a female friend.  Rabb was accused of breaking into a female friend’s apartment and pushing her twice into the wall in front of witnesses.

 

 

October 10, 2005: Officer Rabb was suspended for five days over Rahman’s complaint.

 

 

October 17, 2005: The disposition of complaint #05-C-0032-MISC was sustained and Rabb was notified.

 

 

October 17, 2005: Major W. Harris mailed Ms. Moori Rahman a letter to advise her of the disposition of her complaint against Officer Rabb.  “Thank you for taking the time to express your concerns regarding the actions of Officer E. Rabb.  Your allegation of misconduct has been investigated.  The investigation developed sufficient information to prove the allegation stated in your complaint… Therefore, appropriate corrective actions have been taken… My apologies are extended for any inconveniences you might have experienced as a result of this encounter. Thank you for your cooperation in this matter and your continued interest in the Atlanta Police Department,” he wrote.

 

 

May 5, 2006: Officer Rabb did not appear in court to testify in a case, resulting in charges being dropped against Stacey Wade.  Rabb claimed to be sidetracked by a call when he was supposed to be in court.

 

 

May 16, 2006: Officer Rabb signed a memorandum form drafted May 09, 2006, claiming he never received a subpoena.

 

 

May 19, 2006: Investigators stated Rabb never signed for his subpoena, nor notified the court.

 

 

May 20, 2006: Rabb said, “After clearing the call, I had forgot about the subpoena and forgot to notify the court prior to arriving on the call.”  This violated city work rule 4.3.01 – “Conduct and Appearance in Court.”  He admitted the violation.  His testimony that he forgot about the subpoena contradicts his prior testimony that he never received it.

 

 

July 19, 2006: Rabb struck another patrol vehicle when backing out to respond to a call.  The cost to repair his vehicle was $890.26 and the second vehicle was $2,250.53.

 

 

August 13, 2006: Officer Rabb received an oral admonishment for failure to appear in court.

 

 

December 5, 2006: Rabb received an oral admonishment, five days foot patrol, and driver training for his July accident.

 

 

August 13, 2007: Officer Rabb failed to respond to a call regarding a domestic dispute. According to findings later summarized in a memo by Lt. J Cummings in March 2008, Rabb did not respond to the call, and when ordered to return to the call and respond, he returned in his personal vehicle, and gave the caller a false case number.  The complaint was received at 1420 and the incident took place at 1430, according to a preliminary complaint form filed by Sgt. C. Mack.

 

 

August 13, 2007, 1:32 PM: The first call to 911 comes in at 1342.  Dispatch advised, “Boyfriend jumped on caller and is C 8 [sic] now.  Perp – Robert Hawkins/35YO/B M… Last seen on foot.”

 

 

August 13, 2007, 2:29 PM: According to the call transcript, the victim, Antoinette Dorsey, called back to advise no officer had come, and she tried to flag the unit, but that the officer [Rabb] drove off and said, “Whatever.”

 

 

August 14, 2007: The resident at an apartment complex on Martin L. King Drive, Dorsey, was interviewed regarding Officer Rabb’s response, or lack thereof.  She told the APN interviewer, “Yes, my ex-boyfriend and I use [sic] to live together.  He came to my apartment on yesterday, beat me up and left the location prior to police arrival.”  She stated she called the police at “approximately 1:00 PM,” but that the officer did not arrive until “2:00 PM.”  She further stated, “but the officer did not talk to me, he was talking with a lady in the next door unit about something unrelated.  When the officer was leaving, I attempted to flag him down to stop but he said ‘whatever’ and drove off.”  She proceeded to describe Rabb physically for the interviewer.

 

 

She said after the officer drove off, she called 911 a second time and “requested the police to return so I could report the previous incident involving my ex-boyfriend.”  She stated Rabb returned again at 2:30 PM, this time “in a black pickup truck” and “apologized for not stopping the first time.  He stated that he did not see me.”  The interviewer asked Dorsey if the officer gave her any information like his name or what to do if her ex-boyfriend came back.  She replied he did not, but that “he left a report number with me.”  The interviewer asked to see the number, and she provided it. The case number (#072253314) was later determined to be false.  The interviewer asked if this was the number and paper the officer left for her, and she said it was the number, and that “the officer did not have any paper so I provided a piece for him to write on.”

 

 

The interviewer closed by asking if she was afraid her ex would return.  Dorsey replied, “Yes, he said that he was going to keep coming to the apartment and kick in the door if I changed the locks.”

 

 

August 14, 2007: Officer Rabb was interviewed by Sgt. Mack regarding his failure to respond to Dorsey’s call.  He indicated he was dispatched on the call, a “fight call involving a male.”  When asked what time he arrived, he did not provide a specific time, only saying “approximately 5 minutes after receiving the call.”  Mack asked Rabb what his findings were upon arriving to the call.  He replied, “A lady walked out of the apartment as I was pulling up stating that a guy named Cedric had been pulling her door messing with her and her family.  She stated that someone in her house was in a wheelchair and she could no longer handle the none sense [sic].  She walked out of building A.”  Mack asked if Rabb spoke with the caller and he said he did, and asked where Cedric was.  Rabb said, “She said that he left.  I asked her where he hang out at [sic] and her response was here.  I advised her to call back if he returned.”  Rabb said he did not know who he talked with at the scene by name but when he was asked if he could provide a physical description, he said “Yes” without elaboration.

 

 

Mack asked, “When you were leaving the location, did you see or observe a lady attempting to flag you down to report an emergency to you?”  Rabb said he did not.  He stated he left the location about five minutes after arriving.  He said he “rode around the area” and then “pulled in code 12.”  He said he arrived back at the precinct after the watch was called at “1420-1430 hrs.”

 

 

Mack stated, “At approximately 1429 hours on August 13, 2007 I contacted you via radio to advise you that the caller was requesting an officer to return to her apartment because no one responded to her original call.  I gave you a direct order to return to the location and follow up on the caller’s claim.  Did you go back to the location after your supervisor gave you a direct order to do so?”  Rabb replied he did, but he did not know what time he returned.

 

 

Mack asked, “Did an evening shift officer take you back to the location?”  Rabb replied, “Negative.”  Mack asked, “How did you get back to the call?”  Rabb said he was gone from the precinct by the time “you raised me” on the radio and he drove his POV [personal vehicle] “while enroute home” which he did not have clearance from a supervisor to do.  Mack asked if he left with a radio when he arrived on scene in his POV, and Rabb stated he did not, instead contacting radio “by phone.”

 

 

Mack questioned Rabb as to whether or not he completed a report after arriving a second time on the scene.  He said, “No, the lady advised that she just wanted a criminal trespass warning at that [sic] she was not going to prosecute.”  Mack asked Rabb about discrepancies regarding his activity sheet, which had a sign-out time of 1440, but was later altered to read 1430 hours.  Rabb stated it was “a mistake” and that the change was made later.  He was asked again what time he left the precinct, and stated “Approximately 1440 hours, I don’t know.”  When questioned where he went immediately after leaving the precinct, he said, “I was on my way home, I went to the call.”

 

 

Mack asked, “After leaving the precinct, did you contact any city employee to advise that you were not going back to the location because you were already in your personal vehicle and did not have a city vehicle to return?”  Rabb replied, “Yes, but after rethinking about it, I went back to the scene in my POV.”  He told Mack his POV is a black F-150 pickup truck.  Mack asked if Rabb gave the caller a case number, to which he replied, “Yes.”  Rabb stated “No” when asked if he received the case number from dispatch.  He confirmed it was his writing on the torn piece of paper that Dorsey had given to investigators with the false case number.  He stated he gave it to the caller because she “wanted something to give to her apartment manager.”  Mack asked Rabb where he got the case number, and he said, “I got the number from my MDT [mobile data terminal], but I must have wrote it wrong on my note pad.”

 

 

He agreed to take a computer voice stress analysis exam if asked.  When asked if he had anything to add, he said, “Yes.  The second time that I went out there I asked the lady did she see me earlier talking to another lady and she stated yes.  I asked her why didn’t she yell or flag me for my assistance then.  She said the lady that I was speaking with stated that she called 911 also.  I was inside my car when she made that statement to the other female.  She stated that, ‘I guess I will wait for my police officer.’”

 

 

August 18, 2007: Sgt. Mack completed a preliminary complaint form regarding Officer Rabb’s response to a call on August 13, 2007 (OPS #07-I-0504-MISC).  Mack wrote, “Officer Rabb did not appropriately respond to a 911 call when dispatched to… Martin L. King Jr. Dr… It was alleged he did not go to the call because no contact was made with the caller.  When given a direct order by a supervisor to return to the location and meet with the caller, Officer Rabb contacted the dispatcher by telephone to advise that he would not be returning.  He eventually went to the call while off duty, on the way home in his POV.”

 

 

August 25, 2007: Rabb failed to place a gun properly in the Atlanta property unit.

 

 

August 26, 2007: Carmel Tye, the Zone 4 dispatcher, gave her statement to Sgt. Mack.  She said the officer did not give a final disposition of the call, and that Sonja White, a 911 operator, called her to inform her that the officer had not been to that location.  She notified a supervisor, and said she was advised to print out the call, give it to her supervisor, and have her fax it to the Zone 4 precinct.  She was told to re-dispatch the call to evening watch and have her supervisor send a copy of the original call through departmental mail to the precinct.  Mack asked her, “Did you receive a phone call from Officer Rabb shortly after shift change advising you that he would not be returning to the call?”  Tye replied, “Yes, he did tell me that.”  She stated she notified Sgt. Mack and Supervisor Dozier after receiving that call.  She was unaware Rabb ultimately returned to the scene.

 

 

August 27, 2007: Sonja White, the 911 operator on duty, gave her statement to Sgt. Mack.  She stated the female caller had indeed called 911 back to “inquire about the status of the unit” after Rabb did not respond.  She had called her supervisor, Ms. Tye, to advise her of the situation.

 

 

March 5, 2008: Deputy Chief P.N. Andresen wrote Major C.J. Davis to inform him he concurs with the recommendation of a one day suspension for Rabb on OPS 7I0504-MISC (his failure to respond to a call).

 

 

March 27, 2008: An official memo was entered into Rabb’s file regarding complaint #OPS 7I0504-MISC (his failure to respond to the call) from Lt. J. Cummings.  The complaints of violating rules 4.2.37 (unsatisfactory performance) and 4.4.03 (Submitting Reports) were sustained.

 

 

April 23, 2008: A thirty year-old woman called Clayton County police to report she has been raped by Officer Rabb.  She gave her statement to police.  The victim stated she went to Rabb’s apartment to take a shower because the hot water in her apartment was not working.  Rabb had previously called her at 12:33 AM to see if she wanted to come over and watch a movie, but she asked to use the shower instead.  After she showered, she got dressed and left the bathroom, heading towards the front door.  Rabb asked again if she wanted to watch a movie.  She sat down on the edge of the couch because she “didn’t want to seem rude,” but she told him she had to work in the morning, and he said he did too.  She began putting lotion on her feet and he kept grabbing them.  She told him repeatedly to stop.  He began to make advances by rubbing her side and legs.  She told him to stop.  He kept pulling up her shirt and bra, and she pulled them down, but he kept pulling them back up.  She kept telling him no, and that “this isn’t right.” Rabb pulled her onto his lap and told her that she caused his erection and that he had been attracted to her since the first time he met her.  Rabb picked her up and pushed her towards the bedroom, telling her that she caused the erection and now she was going to take care of it.

 

 

She told officers that she told Rabb, “This is not what I want.”  Rabb began to use more force. She continued to tell him to stop and she said he told her that he did not want to hear her whining because that is what he hears all day from people at work.  She said he held her down and pushed her face down into the bed “as if he was trying to arrest her.”  She tried multiple times to get up, but he pushed her down each time.  The victim placed her hands in front of her vagina to try to stop him from penetrating her.  Rabb was able to pin her legs and one arm.  He penetrated her vaginally, and she stated it was very painful and told him to stop.  He then penetrated her anally and alternated between anal and vaginal penetration until he ejaculated onto her stomach.  Afterwards, he got up and told her not to get anything on his bed.

 

 

She said she was in a lot of pain and bleeding.  The investigator wrote that Rabb began to clean up the bathroom “as if he was cleaning up evidence of a crime.”  He gave her a dry washcloth and told her to clean herself up.  She noticed that after she did, there was blood on the washcloth.  She got dressed and told him that she didn’t want that to happen.  He walked her to the door and told her to call him when she got home.  She walked to her home and called a friend who then contacted the police.  She said that she had known Rabb for about two months and that he had invited her over multiple times to “watch movies” but she always refused. Investigators noted the victim was transported to the hospital and a rape kit was done.

 

 

Det. Martin wrote in the preliminary report, “I told [the victim] prior to leaving that no matter what this person does for a living that I would investigate this case fully to the extent of the law and if this person did commit this crime that he would be charged.”  He also spoke with Rabb, who consented to a search of his house.  He wanted to talk to an attorney before allowing Martin to get a buccal [cheek] swab for DNA.

 

 

Martin then interviewed the victim’s ex-boyfriend, Eric Wedlowe, who said he received a call from her after the assault.  She was “hysterical” and kept repeating “I did not want this to happen.”  He said he could not understand her “but he knew something was wrong bad.”  He finally asked if she had been raped based on her repeating “I did not ask for this, they’ll never believe me.”  She told him the person next door did it and had advised detectives she was staying at Wedlowe’s apartment because she was about to move out and get her own apartment.  He confirmed the gas was cut off and therefore she could not take a hot shower at his house.  He said he had advised her to ask the cop next door if she could use his shower because he seemed like a nice guy.  

 

 

Wedlowe called his brother-in-law, who called 911.  She kept insisting no one would believe her because Rabb is a cop.  Wedlowe stated that he even asked Rabb to keep an eye on the victim while he was out of town because she was easily startled by noises.  

 

 

April 23, 2008: APD was notified after Clayton County began investigating Officer Rabb for sexual assault.  

 

 

April 23, 2008: Sgt. J.B. Durant advised Major C.J. Davis that the investigation by Clayton County of Officer Rabb was underway for rape.  Durant also advised Rabb to cooperate with detectives investigating.  Durant delivered a memo to Rabb later that day instructing him that he was suspended with pay effective immediately.  Rabb turned in his badges, service weapon, police ID, magazines, and ammo.  Durant also ordered Rabb not to have any contact with the victim and to submit to drug and alcohol testing.

 

 

April 24, 2008: Det. Martin interviewed the victim again at police headquarters.  He stated the victim appeared very timid and was looking down at the floor.  He told her he needed her to be truthful and honest, stating again that the occupation of the suspect did not matter, but that he would be charged if there were enough evidence for probable cause.  The victim stated she had only known “Ed” for a few weeks, and that she was the type of person who keeps to herself. Martin said the victim spoke very low and seemed very scared.  The first time she met Rabb, he asked for her phone number, which the victim did not find strange, because she trusted him seeing as how he is a police officer.  Rabb called her multiple times and wanted her to come over and watch movies.  She refused each time.  She restated what happened the night before, that she repeatedly told him no, and that he kept saying it was what she needed and she needed to relax.  While telling her story, the victim began crying and told Det. Martin that “God was going to punish her because she did not want it to happen and it happened.”  She had told Rabb that when he called her later that night; and he said all she had to do was pray and she would be forgiven.  He told her that she was acting crazy because no one is perfect.  The victim stated Rabb made her feel like it was all her fault.  The victim said she did not want to go to court because she did not want to go through the details of what happened again.  The victim was also raped by her stepfather from the ages of nine to fourteen and she did not ever want to go to court again.  Det. Martin told her it was important she go to court because Rabb is “in a position to dominate other females,” and that what she was telling them “didn’t sound consensual” even though he is claiming it was.  She stated again that she did not consent to any of what happened.

 

 

Later on in the day, Martin interviewed Rabb with his attorney, Lance Tyler, present.  Martin read Rabb his Miranda rights and he agreed to speak with detectives.  Rabb confirmed he met the victim at the mailbox a few weeks prior.  He stated they exchanged phone numbers and the victim had told him she was single and “you can call me anytime [sic].”  When asked to give his “take” on the victim, Rabb said that he thought she had “self-esteem issues” and that she did not feel comfortable about the way she looked.  Martin asked Rabb about what occurred “from the time he got home, to when the police knocked on his door.”  Rabb stated he called the victim because she left a message.  She asked him to take a shower at his house, which he agreed to, and she said she’d be over in ten to fifteen minutes.

 

 

Rabb said when sat on the couch, she began putting lotion on the feet and he pointed to his lap, at which point she put her feet in his lap.  He said he began rubbing her feet and they began kissing.  He said they walked to the bedroom at his suggestion and her saying “okay.”  He said he pulled her pants down while they were kissing on the bed.  Rabb said they were having consensual vaginal intercourse.  He said that he asked her if it was okay to begin anal intercourse, and that she said it was okay.  After he penetrated her, she said “ow” and so he stopped and asked if she was okay, and she said no.  Rabb claimed he stopped and waited a minute, then asked if it was okay to go back.  She said okay, so they began having vaginal intercourse again.  He said they had sex twice.  Rabb said she told him, “I haven’t did that in a long time” and Rabb asked if she was okay.  She said no that she was hurting a bit.  Rabb stated the victim told him “I’m not having sex anymore [sic]” and that she also said “it’s not usually that long.”  Rabb said she told him sex usually lasts only a couple of minutes.  Rabb said she kept saying that she should not have had sex because of her religion, and he told her to pray about it because nobody’s perfect.  Rabb walked her out shortly after.  He said she was at his apartment for about thirty minutes.  He said he called the victim when she got home, and she was upset and said that she should not have done that.  Rabb said he asked her if she was going to be okay and that she said he did not understand.  He said he told her that she was going to be okay again.

 

 

Rabb stated that they were on the couch for a minute or two before they began kissing.  He added that he had asked the victim if she wanted him to lotion her feet.  He said neither of them initiated the kissing; they just did.  He said the victim never tried to push him away.  He said that while they were kissing, Rabb tried to lift her shirt and she said no.  Martin asked if he wiped the victim off in the bedroom and he said he thought he did or he might have given her a towel.  He told Martin that he did not use a condom.

 

 

Martin asked about the anal sex and said, “Anal sex is a very private part of your body” and asked if Rabb and his girlfriend engaged in anal sex.  Rabb said no.  Martin said, “Being the second time [Rabb’s] met someone, that’s a touchy situation, isn’t it?”  Rabb replied “Yes, sir.”  Martin wrote, “Mr. Rabb would never look me or Lt. Norwood in the eye when he spoke to us answering these questions.”  Rabb denied ever putting the victim’s arm behind her back.  Martin asked if he had rough sex with her, and he said “Well, I picked her up one time we were having sex like that.” Rabb admitted that he took the victim’s pants off.

 

 

Rabb told Martin that he only had one complaint in his file, and some lady stated he pushed her but he was under the influence [apparently referring to the Rahman incident].  Rabb denied drinking the night he allegedly raped the victim.  Martin asked if his intentions were to have sex with her that night when she was coming over.  Rabb said “it just happened.”  Martin pointed out that the victim was very introverted and asked how he got the victim relaxed.  He said that he told her she was not ugly, and her body was not bad.  He said that she sat down on the couch and asked him if he wanted to watch a movie while she was putting lotion on her feet.  He then corrected himself and said he asked if she wanted to watch the movie.  Rabb again reiterated that the sex was consensual, both anal and vaginal.  He told Martin that he “assumed” it was consensual after she told him it hurt but then that he could begin again.

 

 

Rabb again discussed how the victim had low self-esteem in regards to her weight.  Rabb said that when he put his hand up her shirt, she pushed his hand away and said she didn’t want anybody to do that.  Lt. Norwood asked Rabb if the victim “got over” her self-esteem issues regarding Rabb seeing her and he replied “while she was straddling me.”  Martin asked if Rabb told the victim she was acting crazy, and he said that when he called her after she left, he told her what happened was nothing, that she had other things to worry about, and that she just needed to pray about it.  

 

 

Martin asked if the victim was the type of girl he would date and he said that her low self-esteem would drive him crazy and that he would probably go on a couple of dates with her though.  He said he dated girls similar to the victim, but “my girl I have now is smaller than her.”  When Martin asked why Rabb thought the victim was making the sexual claim, Rabb’s attorney cut off the question and said they had thought about that, they didn’t know, and his client was not going to speculate specifically, but that she might have gotten upset because Rabb “wasn’t as apologetic to her problems.”  The attorney stated Rabb was to take a polygraph and if he passed, could take one given by police.

 

 

Martin wrote that he told Rabb that the victim in the case was having severe problems because of the incident and that he found the victim to be “very introverted,” a “tough person to speak with,” and “I was just wondering how [Rabb] got her to relax to consent to these things he’s saying she did.”  Rabb did not answer but did consent to a buccal swab after confirming that he never saw her changing and the door was locked the whole time she was in the shower.  He denied he walked the victim home.  He declined to add anything further.

 

 

Martin stated Rabb’s first issue in this case was that he made first contact with the victim.  The attorney for Rabb asked for the victim’s name.  Martin wrote, “his client knew her name and it was [M], he stated is that her real name and I go yes, and I told Mr. Rabb you probably didn’t know her last name, is that correct, and he stated yes.  I stated she didn’t know your last name, but you all are actually having anal sex together.  I asked Mr. Rabb how many times have you had anal sex in his life and he shook his head and said no.  I stated do you think she is freaky and he stated I wouldn’t say that.  I told Mr. Rabb that I’m kind of lost and [sic] why this person who I believe is introverted into herself goes from that to having anal sex, I do not understand that.  At that time Mr. Tyler interjected and stated that he wasn’t going to have his client analyze why this person is making these accusations.”

 

 

Martin asked if Rabb had anything that showed it was consensual and not a sexual assault. According to Martin, “Rabb could not provide anything.”  Martin told Rabb that he probably had enough to get an arrest warrant but that he was going to wait for the polygraph and warned him to stay away from the victim.  He said he would let Rabb turn himself in should he get a warrant.

 

 

April 25, 2008: Martin re-interviewed Wedlowe, who said that the only reason the victim went to Rabb’s apartment is because he told her that Rabb could be trusted and she would trust a cop.  Wedlowe said the victim has always been very secluded, timid, and shy, and that there was no way she would have consented to anything that happened that night, especially the anal intercourse.

 

 

April 28, 2008: Martin received the polygraph results for Rabb, which show he was truthful. However, the questions asked were not in accordance with what should have been asked. Further, Rabb would not agree to a stipulated polygraph.

 

 

April 29, 2008: Officer Rabb was served a Temporary Protection Order taken out by the victim. Martin also subpoenaed Rabb’s internal OPS file and the victim’s medical records regarding her hospital exam.

 

 

April 30, 2008: At 1030, warrants for Rabb’s arrest were issued and Officer Rabb was arrested for rape and aggravated sodomy.  He was allowed to turn himself in with his attorney to Clayton County Police Department around 1500.  A memo from Inv. G. Lindsey specified there was “no media present” at the time of Rabb’s arrest.  Martin called the victim to tell her that he was about to arrest Rabb and she stated it was what she wanted because “he raped me.”  Martin told the victim he believed her and said he was just checking to make sure it was still what she wanted.

 

 

In the arrest affidavit, Martin noted, “I asked Rabb how is it after a woman say’s [sic] no about his hand up her shirt within several minutes he is [sic] having anal sex with her and he had no response.”  The same day, records were received confirming the victim was sexually assaulted in the past by her stepfather.  The records showed the victim to be very timid and reluctant to discuss what happened, similar to her behavior after Rabb allegedly raped and sodomized her.

 

 

May 2, 2008: Martin spoke with the victim’s mother who said her daughter would definitely trust a police officer, especially because the officer in her rape case when she was young was a source of support for the victim.  She said she brought her daughter up to trust the police and that she is “smart but naïve.”

 

 

May 8, 2008: Attorney Gerald Griggs sent a memo to Sgt. Lewis stating that any termination of Rabb’s employment “may result in lengthy and protracted litigation for wrongful termination” and indicated that Rabb will appeal a suspension without pay.

 

 

May 9, 2008: Major D.A. Williams wrote a memo to Major C.J. Davis of the Office of Professional Standards requesting a “file extension” because “Officer E. Rabb (Red Dog Unit) was arrested by the Clayton County Police Department on an unrelated case and was suspended without pay” as of that day.  Rabb was also informed that as of May 09, his status changed from suspended with pay, to suspended without pay.

 

 

Martin interviewed the police officer that grew close to the victim in her childhood.  Steve Weber worked the investigation in 1993 and confirmed what her mother said in regards to the victim trusting police.  He cautioned that her introverted nature caused problems in prosecution in 1993 due to her reluctance to testify and open up on the stand.  He had no doubt that she was a victim of molestation in 1993.  The reason the case in 1993 fell apart was because of the victim’s inability to take the witness stand and testify fully.

 

 

May 14, 2008: DNA from Rabb was confirmed from swabs from the victim’s anus and vagina.

 

 

May 15, 2008: A preliminary hearing was held for Rabb and Judge Simmons of Magistrate Clayton County court found probable cause on both counts and bound the case over to Superior Court of Clayton County.

 

 

May 16, 2008: A bond hearing was held for Rabb and his bond was set for 80,000 dollars.

 

 

May 17, 2008: Rabb bonded out of jail.

 

 

May 19, 2008: Investigator G. Lindsey from OPS requested Det. Martin produce the video of Rabb’s video for their internal investigation.

 

 

June 9, 2008: Martin wrote his final investigative report stating the case is being closed as an arrest and that he believes Rabb raped and sodomized the victim.

 

 

June 11, 2008: A Clayton County Grand Jury indicted Officer Rabb on several counts relating to the alleged sexual assault: Count I (Aggravated Sodomy), Count II (Sodomy), Count III (Rape), Count IV (Sexual Battery), Count V (Kidnapping), and Count VI (False imprisonment).

 

 

July 23, 2008: Inv. Lindsey stated the District Attorney’s office said Officer Rabb’s trial was set for Sept. 2, 2008.

 

 

March 8, 2009: Rabb was stopped for an improper lane change.  During the stop, he told Officer Gilbert of the Cobb County police department that he had consumed five to six drinks.  Rabb failed field sobriety tests and blows a .169 (more than twice the legal limit). The officer also finds Rabb had urinated on himself to the point that he had soaked the seat of his pants. He is unable to recite the alphabet, proceeding immediately to the letter “Z’ after being given several chances to complete it. He is placed under arrest. He is immediately relieved of duty. Rabb blames the current sexual assault investigation for his arrest.

 

 

May 20, 2009: A notation was placed in Rabb’s file that he was out on suspension without pay, and currently suspended on “unrelated case” #08-I-0278-CRSX [alleged sexual assault]

 

 

August 6, 2009: The State entered a nolle prosequi motion to drop the rape case.  In the motion, the prosecution wrote, “The undersigned explained to the victim from the outset of the case that, because it was a ‘she said, he said’ case, the State would have difficulty proving its allegations. This is especially true given the fact that she went to his apartment at such an unusual time to take a shower.”  

 

 

August 7, 2009: Rabb was placed on suspended with pay status and was to return to administrative duties.

 

 

September 11, 2009: Michael Philpot attempted to retrieve his firearm Officer Rabb was supposed to have placed into evidence August 25, 2007.  Property was unable to locate it and Rabb stated he “believes” he turned it into property but the weapon is unable to be found.

 

 

March 3, 2010: Officer Rabb was placed on probation for twelve months, ordered to complete forty hours of community service and attend either one Mothers Against Drunk Driving impact panel or one Alcoholics Anonymous/Narcotics Anonymous meeting, plus pay a fine of 501 dollars.

 

 

April 27, 2010: Officer Rabb was cleared to return to full duty by OPS.

 

 

April 30, 2010: The complaint against Rabb #09-C-0383-PE for losing the gun was sustained.  He was found to be in violation of rule 4.2.30 (Recovered Property) for misplacing the gun on August 25, 2007.  He stated he did not keep the weapon but does not know what happened to it.  There was no record it was ever turned in.  Lt. N. Klotzer wrote in the investigative summary, “Although the original incident occurred over two years ago, and memories may be fading, the document trail should still exist, if it was ever created.”

 

 

May 4, 2010: Sgt. Roberson summarized findings of the internal investigation into the alleged sexual assault by Officer Rabb (#08-I-0278-CRSX).  Rabb admitted to sex with the victim, but said it was consensual.  The victim (MB) stated she was sexually assaulted by Rabb after she went to his apartment to take a shower at midnight because her hot water heater was broken. She said she told Rabb no, but he still forced her to have sex.  There were no witnesses.  The case against Officer Rabb was Nolle Prosequi on August 06, 2009, and the victim did not object to the case’s dismissal.

 

 

May 6, 2010: Lt. N. Klotzer summarized the findings of the internal investigation into alleged sexual assault by Officer Rabb.  Rabb was off duty and at home on April 23, 2008.  In his statement to the Clayton County Police Department, he admitted to having sex with the victim, but insisted it was consensual. He turned himself in on April 30, 2008 after an arrest warrant was issued for him.  Rabb cooperated with the investigation.  The victim did not cooperate by not attending court at times.  The state said the case was difficult to prosecute to begin with because it was a “he said, she said” case.  Lt. Klotzer stated there was “insufficient evidence to prove or disprove that Officer Rabb’s sexual relation [sic] was consensual or non-consensual.”

 

 

May 24, 2010: Interim Chief George Turner received a memo from Major Moses A. Perdue.  In the memo, Perdue stated the Clayton County Superior Court entered a Nolle Prosequi motion in the alleged sexual assault case involving Officer Rabb because the victim had refused to cooperate and appear in court, meaning the State would have faced difficulty in prosecuting the case.  Accordingly, the investigative finding in the case (#08-I-028-CRSX) found rule violations 4.1.04 (Conduct) and 4.1.05 (Obey the law) not sustained.

 

 

June 24, 2010: Rabb received a written reprimand for losing the gun.

 

 

August 9, 2010: An investigation memo was completed and placed into Rabb’s file in regards to Officer Rabb’s failure to properly respond to a call.  The specific rules violated were 4.2.37 and 4.2.21.

 

 

October 18, 2010: Rabb received a notice of proposed adverse action.  The reasons of the emergency action given in this notice were violations of rule 4.2.37 (Unsatisfactory Performance).  His actions were summarized as follows:

 

 

“On August 13, 2007, you demonstrated unsatisfactory performance when you failed to take appropriate action on the occasion of a situation or incident deserving a public safety employee’s attention.  After being dispatched to a fight call involving a male and female at… Martin Luther King Jr. Dr…. You arrived at or around 2:00pm, while you were on duty in a marked patrol crusier [sic], but you did not speak with the caller, Ms. Antoinette Dorsey.  You spoke with another tenant in the apartment complex.  When you were leaving the apartment complex, Ms. Dorsey attempted to stop you and you stated, ‘Whatever’ and drove off.  Ms. Dorsey called 911 again.  Around 2:30 pm, Sergeant C. Mack informed you that Ms. Dorsey was requesting an officer back to her apartment and he instructed you to return there.  You returned to Ms. Dorsey’s apartment in your personally owned vehicle to handle this assault call, without advising your supervisor and the dispatcher.  As the responding officer, you were responsible for completing an assault report as per APD.SOP.3060 (Reports and Reports Writing) section 4.1.6.  You, by your own admission, stated you did not complete an assault report.  Furthermore, you gave Ms. Dorsey an invalid incident number.”

 

 

The report recommended a suspension of one day without pay for the rule violation.

 

 

October 18, 2010: A written reprimand is placed into Officer Rabb’s file for violating rule 4.2.21 (Submitting Reports) in regards to his failure to respond to the call. The written reprimand

 

read:

 

 

“You responded to a domestic call on August 13, 2007, and an assault was reported to you.  By your own admission, you failed to complete the assault report at the time of the call, a [sic] provided the victim with an invalid incident number.”

 

 

The reprimand states at the bottom, “This letter of reprimand will serve to place you on notice that a future violation of a similar nature will result in more severe disciplinary action.”

 

 

November 17, 2010: The complaint regarding Rabb’s failure to respond to Dorsey’s call was officially closed.

 

 

February 7, 2011: The complaint against Rabb for his DUI was sustained and he was found by Lt. S.A. Steed in violation of 4.1.04 (Conduct) and 4.1.05 (Obey the Law).

 

 

July 19, 2011: Rabb was suspended for 21 days regarding #09I0078CR (his drunk driving arrest)

 

 

August 2, 2011: The disposition of his drunk driving arrest was entered into his file.

 

 

February 7, 2012: Officer Rabb failed to sign for a subpoena or appear in court in the case of Benjamin Allen, resulting in theft cases being dismissed.  The preliminary complaint form lists this as a violation of 4.3.01 (Court and Appearance in Court).  Rabb failed to check the subpoena logbook and was unaware that he was supposed to be in court.

 

 

June 6, 2012: Rabb received a written reprimand for his failure to appear in court.

 

 

(END/2014)

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