Lawyer: 911 Dispatcher Was Found Nude, Had Injuries

CHANNAHON, IL — When women commit suicide, statistics show, they rarely use a gun. It's even more rare for a completely naked woman to end her own life by shooting herself in the head. But last February, Samantha Harer, a 23-year-old emergency dispatcher, was found nude, fatally shot in the side of her head while her estranged boyfriend, Crest Hill Police Officer Phil Flores, was inside her small Channahon apartment, according to newly filed documents in federal court by noted Brooklyn, New York civil rights attorney Jennifer Bonjean.

"Plaintiffs unquestionably have colorable claims in light of Plaintiffs’ discovery that officials from the Town of Channahon, and other law enforcement agencies, concealed highly relevant evidence showing that Samantha’s manner of death was homicide — not suicide," Bonjean's filing argues.

Bonjean, who is licensed to practice law in New York, New Jersey and Illinois, is now serving as the legal representative for Samantha Harer's parents. She said she suspects there were injuries to Harer's body that raise questions about whether Harer was killed by her boyfriend during an attack, on Feb. 13, 2018, which was a Tuesday morning.

The small handgun fired in the shooting belonged to Harer, according to the case reports. Flores maintained that he slept on a couch in Harer's living room while she had slept in her bedroom.

However, Bonjean told Joliet Patch, "There are unexplained injuries that raise questions about what transpired before the shooting and whether there was a struggle of some type."

But were some members of the Channahon Police Department involved a coverup? "There is a strong factual basis to believe so," she said.

Three people at Channahon Police were at the center of the Harer investigation in terms of treating her death as a suicide: Detective Andrew McClellan, Deputy Chief of Police Adam Bogart and Police Chief Shane Casey. They also would have known Harer, a former Channahon Police Department intern, who graduated from the University of St. Francis in Joliet in 2016 with a bachelor's in criminal justice.

Channahon's Police Department has had little practical experience handling suspicious death cases within their jurisdiction, according to data obtained by Joliet Patch. The Office of Will County Coroner Patrick O'Neil listed zero homicides in Channahon during the previous five years: 2013, 2014, 2015, 2016 and 2017.

"The Town of Channahon, along with other investigating entities, acting under color of law attempted to cover-up and/or suppress Flores’ and Crest Hill Police department’s liability in the February 13, 2018 incident in which Samantha Harer was shot in the head," Bonjean's motion in federal court informs the judge.

"Defendant Channahon, and others, accomplished this in part by concealing information from the Plaintiffs and the public at large that: 1) Flores’ hands and clothing were positive for (Gunshot Residue) GSR; 2) Samantha’s hands were negative for GSR; 3) Flores’ clothing was covered with blood spatter despite his immediate denial of being near Samantha when the shots were fired; 4) a neighbor heard Plaintiff scream “let me go” shortly before the shooting; and (5) Plaintiff’s body was found naked and covered with inexplicable injuries," Bonjean's motion claims.

As it stands, Bonjean is now asking a federal judge in Chicago to revive the recently dismissed federal lawsuit that had named Channahon, Crest Hill and Officer Flores as codefendants.

"On information and belief, Flores had a lengthy history of on-duty and off-duty misconduct prior to the death of Samantha Harer," Bonjean's filing states. "Most significantly, Flores was accused in 2016 by his former roommate of raping her while she was asleep in her bed. A report with the Crest Hill police department went nowhere and Flores suffered negligible consequences as a result of this credible complaint. Crest Hill’s failure to terminate in the wake of this serious and credible allegation proximately resulted in an endemic attitude among its officers, including Flores, that they may engage in misconduct against citizens with impunity and without fear of official consequence; they consider themselves 'above the law.'"

Flores joined the Crest Hill Police force in 2012. He has now been on paid leave from Crest Hill since Feb. 13, 2018.

Key Crest Hill officials who have been involved in the decision to keep Flores on paid leave include: Police Chief Ed Clark, Mayor Ray Soliman and City Administrator Heather McGuire.

"Plaintiffs have meritorious claims ... against Crest Hill Police Department and other agencies, including but not limited to the Town of Channahon, for maintaining a de facto policy and practice of covering-up or minimizing officer misconduct and maintaining a 'code of silence' such that officers, including defendant Flores, were emboldened to engage in misconduct against citizens without fear of discipline or prosecution," Bonjean argues. "Relatedly, Plaintiffs have colorable claims against Crest Hill for failing to supervise, discipline, and terminate its officers upon credible evidence of misconduct, including violent criminal conduct.

"Plaintiffs have a colorable state law claim against defendant Flores himself for wrongful death," Bonjean argues.

According to Bonjean's filing, Flores called 911 to report that his girlfriend just shot herself in the head shortly after 8 a.m.

A number of Channahon apartment dwellers later told police they had seen Flores stay at Harer's apartment on multiple occasions in the past; however, they had not seen his black truck in front of Harer's apartment for several weeks prior to the shooting, police reports indicate.

Additional police reports indicated Harer and Flores had broken off their romance over a several day period in December 2017.

On Harer's final day alive, Feb. 13, 2018, "Defendant Flores told the 911 operator that the two had been arguing, that Samantha had asked him to leave, and that he complied with her request. As reported by Flores, after leaving Samantha’s room, he heard her 'gun rack' and that Samantha locked herself in the room just before he heard a gunshot. Defendant Flores claimed that he busted into the bedroom and observed Samantha unconscious with a gunshot wound to her head; her gun laying between her legs," Bonjean's filing states.

That afternoon, Minooka parents Kevin and Heather Harer learned the terrible news. They suspected Flores was involved, court records show. But Channahon Police were not about to cast suspicion upon a fellow local police officer, the court documents indicate.

"The day after Samantha’s death, Channahon police chief Shane Casey and detective Andrew McClellan visited Plaintiffs and told them that they had determined that Samantha had committed suicide," Bonjean wrote in federal court. "In a state of shock over the loss of their only daughter, Plaintiffs were incredulous that the police had already ruled her death a suicide without an investigation. Chief Casey expressed his confidence that Samantha had taken her own life, telling Plaintiffs that Flores was negative for gunshot residue (GSR). Despite Chief Casey’s eagerness to close the case, the Will County Coroner’s office determined that Samantha’s autopsy results were inconclusive and that a determination on the manner of death would require further police investigation."

From that point forward, Kevin and Heather Harer were kept in the dark, court documents note. It was not clear to them whether Channahon Police were in charge of the investigation or somebody from the Will-Grundy County Major Crimes Task Force.

"With the passage of each month, Plaintiffs grew increasingly frustrated by the lack of transparency from officials and decided to consult with legal representation to help them get answers to their questions about their daughter’s death. Plaintiffs were not overly eager to file a lawsuit but were desperate to find someone who could advocate for them," Bonjean argues.

Last October, the parents hired Chicago attorney Scott Kamin, a decision they reportedly now deeply regret. Kamin and a paralegal came to their home Oct. 1.

"During this meeting, Kamin failed to tell Plaintiffs that he had been recently disciplined by the Illinois Attorney Registration and Disciplinary Commission for engaging in dishonest conduct and that he would be commencing a 90-day suspension on October 11, 2018 during which he could take no action with respect to the case or even communicate with Plaintiffs," Bonjean's motion explains.

"On October 10, 2018, Kamin told Plaintiffs that he was 'getting ready to file a lawsuit' and that Plaintiffs needed to send him $3,000. Although confused by the directive, Plaintiffs sent Kamin a check for $3,000, eager to start a process that would allow them to get to the bottom of their daughter’s death. That same day, Kamin filed the lawsuit in this case without affording Plaintiffs the opportunity to review it. Unbeknownst to Plaintiffs, Kamin began a 90-day suspension from the practice of law the following day on October 11, 2018."

From Bonjean's viewpoint, the lawsuit Kamin filed the day before his three-month suspension of his law license was factually inaccurate.

"Kamin rushed to file a sub-standard complaint containing patently frivolous claims and gross factual inaccuracies, inappropriately demanded $3,000 from the Plaintiffs, and then disappeared," Bonjean's motion explains.

Ultimately, Harer's parents got rid of Kamin.

Then came Friday, Dec. 28.

The parents attended an impromptu meeting at the Will County Courthouse, where they were officially told "Samantha’s death was a suicide. The attendees at the meeting reassured Plaintiffs that the forensic evidence showed that the gunshot wound was self-inflicted and that Samantha had GSR on her hands. Still dubious of the suicide finding, Plaintiffs asked when they could receive and inspect their daughter’s belongings. Plaintiffs were told that when the civil case was dismissed, they could retrieve Samantha’s belongings," Bonjean's motion states.

"During this meeting, Plaintiffs were led to believe that their civil case could not proceed because Samantha’s manner of death had been formally ruled a suicide. Accordingly, on January 22, 2019, Plaintiffs did not appear at the hearing (in Chicago) on defendants’ motions to dismiss, believing that the lawsuit would be dismissed anyway as a result of the official finding."

A week later, the Joliet Patch published an investigative article on the case, Bonjean's filing informs the federal court.

"On January 29, 2019, Plaintiffs were devastated to learn that the law enforcement officials who had investigated Samantha’s death flat-out lied to them. John Ferak, a reporter for the Joliet Patch published an article based on documents received through FOIA requests that strongly suggests that Samantha’s manner of death was not suicide but rather homicide.

"For example, Plaintiffs learned that GSR tests on Samantha were negative and that Flores had tested positive for GSR on his right hand, the cuffs of his sleeves, and the front of his sweatshirt, the exact opposite finding that had been previously reported to Plaintiffs. Plaintiffs further learned that Flores had blood spatter on the clothing he was wearing that evening, a fact that was withheld from Plaintiffs and that was wholly inconsistent with his statements to a 911 operator.

"Law enforcement officials also failed to disclose to Plaintiffs that shortly before 911 was called, Samantha’s neighbor heard her yelling 'Let me go.' Law enforcement also withheld information that Samantha’s body was found nude with unexplained injuries to her body.

"Upon learning this information, Plaintiffs acted quickly to retain new counsel," Bonjean noted.

Now, the Brooklyn lawyer wants the federal court to enter an order allowing Harer's parents to vacate the January judgment in favor of the defendants.

On Tuesday night, Bonjean told Joliet Patch, "Just to be clear, the case was not dismissed because there wasn't merit to the claims. It was [dismissed] because they were essentially left without competent counsel; they failed to appear at a hearing, and the court dismissed it working under the assumption that they did not want to pursue the case."

Bonjean told Patch that Samantha Harer's parents wished they never, ever, had to pursue any avenues involving litigation in regard to their daughter's death.

"Frankly, if the department had done a competent, transparent investigation that made sense, they would have no need to bring a lawsuit," Bonjean said. "This isn't about money, it's about justice. But what happened was that they were lied to, they were misled, and they have no remedy to get justice for their daughter except through the courts."

The Bonjean Law Group has been chronicled in dozens of national news media articles on civil rights cases involving police misconduct and wrongful conviction cases.

Now, the Channahon Police Department and the Crest Hill Police Department, both in Will County, have their attention.

Here's information about the three lawyers who make up the firm.

RELATED PATCH COVERAGE:

• Samantha Harer Gunshot Residue Tests Revealed
• Listen To 911 Call Made By Officer Phil Flores
• Channahon Police Choose To Close Samantha Harer Case As Suicide
• College Scholarship For Samantha Harer Has High Goal

Main image of Samantha Harer obtained via Freedom of Information Act