80 Days Later: Still No Arrests in Jessie Lee Williams Case- Black Man Beaten to Death by Mississippi Jailers

April 24, 2006

It's been 80 days since the death of Gulfport inmate Jessie Lee Williams. While authorities say they have proof of those involved in his alleged beating at the Harrison County Jail on February 4th, no arrests have been made. "It's clear that if even if Mr. Williams had even scratched the officer's cheek in an altercation during an attempt, he would have been charged with a felony immediately of simple assault or misdemeanor assault on a law enforcement officer. Had the shoes been reversed, Mr. Williams would be in jail, probably held without bond," said attorney and Gulfport NAACP president Felicia Dunn Burkes. One officer has resigned, another has been terminated, but there's still no word from Sheriff George Payne. The sheriff has said he is under orders from the U.S. Attorney not to speak about the investigation. The Williams Family's attorney Michael Crosby says the sheriff is an elected official and can say something. "What would be wrong with the sheriff coming out and saying, 'I will not tolerate abuse in my jail. I will not tolerate guards and other deputies standing by while someone is beaten to death. I will not tolerate someone being tortured or having a bag put on his head with mace sprayed in there.' Why can't he say, 'My community, I will not let this happen. I will take action. I will fire anyone doing that,'" said Crosby. The Gulfport chapter of the NAACP continues to circulate a petition calling for the removal of Sheriff George Payne from office. [MORE]

Deputy Fired for Role in Beating & Filing False Report
A female jailer named in a wrongful death lawsuit has been fired, and according to the lawsuit, she is accused of participating in an inmate's beating and of filing a false report. Deputy Regina Rhodes' termination was effective April 11. Rhodes is among six corrections officers identified as being in the Harrison County jail booking room Feb. 4 when Jessie Lee Williams, 40, was beaten. Rhodes is the second corrections officer from that group who is no longer employed at the jail. Although Sheriff George H. Payne Jr.said he can't make statements about personnel issues, he stated, "we're just now getting copies of information from the Mississippi Bureau of Investigation and the Justice Department and are being allowed to do our own internal review." Payne's attorney earlier this week said a recent termination and the March 8 resignation of former Deputy Ryan Teel were both associated with the booking room incident. Williams' death was ruled a homicide. The lawsuit for Williams' estate claims Teel "was the principal actor who beat and abused" Williams and that Rhodes helped and encouraged other jailers to participate. According to the lawsuit, Rhodes filed a false report and later tried to withdraw it, but Payne would not let her change her report. The lawsuit also claims negligence in hiring and discipline practices at the jail, and claims Teel and Rhodes were "mentally and psychologically unfit" for their positions. [MORE]

• Pictured above: This picture is a depiction made of the booking room on the night of February 4, 2006, based upon witness statements, in which Jessie Lee Williams, Jr. was hog-tied, shackled (hands to feet), sack on head, blood dripping from the beating, and carried like a human suitcase -soon to be slammed/dropped on his face -two times. [more]

Boot Camp Beating Death of Black Teenager Sets Off Protest & Sit-Ins at Gov. Bush's office

Thirty students staged a sit-in at the office of Florida Gov. Jeb Bush on Wednesday to protest what they called a slow investigation into the death of a teenager at a juvenile boot camp in January. "It's been 105 days since this young man's death and nothing has been done," said Gabriel Pendas, 23, president of the student senate at Florida State University. "We will stay here until something is done." Bush, the younger brother of President Bush, was in Washington to show support for the war in Iraq. The students declined an offer to meet with Lt. Gov. Toni Jennings. Martin Lee Anderson, 14, died hours after arriving at the juvenile detention facility in Panama City, Florida, for stealing his grandmother's car and violating probation. A videotape taken at the camp showed guards punching and kicking the boy, who at times appeared limp. An autopsy by the Bay County medical examiner attributed Anderson's death to internal bleeding from a previously undiagnosed disorder, sickle cell trait. But the autopsy results were heavily criticized and the governor called for an independent investigation into Anderson's death. Anderson's body was exhumed and a second autopsy conducted. Official results have not been released, but a coroner who observed the second autopsy has said the results of the first autopsy were wrong. The protesters want the second autopsy to be made public and for the Republican governor to publicly apologize to Anderson's family. They also want law enforcement officials reprimanded, and all seven guards seen in the video arrested and charged. [MORE] and [MORE] and [MORE]

• Statement from the students [MORE]
  
• Boot camp death spurs Tallahassee rally; Sharpton, Jackson attend [MORE]
  

Head of Florida Law Enforcement Quits after Making Stupid Racial Remarks: Bush Appointee Compared Black leaders to Osama bin Laden and Jesse James.
Guy Tunnell abruptly ended his controversial run as head of Florida's Department of Law Enforcement on Thursday, days after sources said he made off-color remarks comparing black leaders who were to attend a Capitol rally to Osama bin Laden and Jesse James. Tunnell submitted his resignation to Gov. Jeb Bush hours after The Miami Herald requested he comment on whether he likened U.S. Sen. Barack Obama to terrorist leader bin Laden and the Rev. Jesse Jackson to outlaw James during a meeting of Bush's agency heads Tuesday. One person in the room and another source who spoke with an agency head told The Miami Herald about his remarks. Obama and Jackson were invited to a march today to bring attention to the death of 14-year-old Martin Lee Anderson after an altercation with guards at a Panama City boot camp. The FDLE was initially investigating, until a special prosecutor threw it off the case after The Miami Herald reported Tunnell exchanged e-mails with the sheriff who ran the camp. He said he did nothing wrong, but said he apologized for the "appearance of impropriety.'' Bush had only kind words for Tunnell in a written statement Thursday night. Tunnell founded the Panama City boot camp and hired many of the guards later videotaped in Martin's beating. [MORE]

Florida Boot Camps are Exempt from the Review of State Child Abuse Investigators

 
Though a surveillance video played around the country shows guards punching, kneeing and choking Martin Lee Anderson (Pictured above) before he stopped breathing at a Panama City boot camp, Florida child abuse investigators are not looking into whether the boy died from abuse or neglect. That's because both child welfare and juvenile justice administrators are interpreting one sentence in state law as granting Florida's five juvenile boot camps an exemption to requirements that all suspected or alleged child abuse be reported to the Department of Children & Families' abuse hotline. The boot camps are the only programs under contract with the Department of Juvenile Justice that are not required to report suspected abuse to DCF's hotline. They also are the only DJJ programs that are allowed to investigate abuse claims themselves. Chelly Schembera, a retired Florida social service administrator with extensive child welfare, juvenile justice and inspector general experience during 27 years with DCF, said "this is a license to commit police brutality at will,'' she said. Ray J. Thomlison, dean of the Schools of Social Work, Policy and Management at Florida International University, which has trained hundreds of DCF abuse investigators, called the exemption ``extraordinary.'' ''I would not have expected them to be exempt from reporting child abuse. None of the other agencies are,'' he said. ``Obviously, they should be held to the same standards as the rest of the community.'' [MORE]

Force used for minor offenses at Boot Camp
Carol Marbin Miller of The Miami Herald used juvenile justice records and found that force was used against teenage boys in spite of nonviolent behavior at a Florida sheriff's boot camp. "In only eight of the 180 instances documented since January 2003 were the teenagers described as hitting guards, fighting with other youths, threatening to escape or trying to harm themselves." In many of the cases, the guards used the tactics despite written orders by Department of Juvenile Justice chief Anthony Schembri, who in June 2004 banned the use of physical force except in extreme situations. Juvenile justice experts who reviewed the documents at The Miami Herald's request said the treatment of the youths was unjustifiable. [MORE]

Another Day of Outrage; No Justice for Black Man Beaten for No Reason by Milwaukee Police

 
Thousands Protest
NAACP Meet with law enforcement officials
The not guilty verdict in the case of three white former Milwaukee police officers accused of brutally beating an unarmed man has exposed a flawed justice system in that Midwestern city. “The system failed in this case,” said NAACP President & CEO Bruce S. Gordon. “There need to be some fundamental changes in the way citizens are treated in Milwaukee when they are involved in the criminal justice system. It’s not just a case of renegade police officers, but a breakdown of the system from top to bottom.”  NAACP officials, including General Counsel Dennis C. Hayes, outlined specific areas of concern, including the need for timely investigations by the District Attorney when there are charges of police abuse, a system for increasing the diversity of the jury pool and improved police training that instructs officers how to handle cases where officers are accused of breaking the law. Frank Jude Jr. of Appleton, Wisconsin was attacked outside of an off-duty police party in 2004. Witnesses testified that Jude was kicked repeatedly and punched in the head, face, body and groin. He suffered ear injuries, two broken facial bones, choke marks, cuts and bruises, according to court testimony. Jude, who is biracial, testified that racial slurs were hurled at him during the attack. The all-white jury deliberated for more than 25 hours before finding three former Milwaukee police officers not guilty on four of five charges. The jury was deadlocked on a fifth charge. Defense lawyers for the accused police officers succeeded in removing all African Americans & Latinos from the jury pool in the case. After meetings with the NAACP, the Milwaukee District Attorney agreed to immediately investigate future police abuse claims to preserve the evidence in these cases. In this case, Jude was not interviewed by the District Attorney’s office for nearly four months, according to Henry Hamilton, a member of the Milwaukee Branch NAACP Executive Committee. [MORE]

• Pictured above: At least three thousand people protest Milwaukee police beating verdict [MORE] and[Slideshow] and [MORE]
• Juror Vaso Sasic told the Milwaukee Journal Sentinel he thought Jude may have suffered his injuries by fighting the officers and getting thrown to the ground.[MORE]
• Justice takes a beating at hands of Milwaukee police [MORE]
  
• Pay for Cops Involved in Beating Should End [MORE]
• Jude case outrage comes in all colors[MORE]

US Dept. of Justice Civil Rights Probe Opened in Brutal Milwaukee Police Beating Case - Review May Take Months

 
The U.S. Justice Department will join a federal investigation into the beating of a black man after a jury acquitted three white former police officers of most state charges, Attorney General Alberto Gonzales said Friday. U.S. Attorney Steven Biskupic in Milwaukee, Wisconsin, already has said his office is looking into possible federal charges in the case. Gonzales said the Justice Department's civil rights division and Biskupic's office will jointly decide whether to file charges. In week since the former officers' acquittals stunned Milwaukee, black and white residents, including the mayor, have expressed their outrage by attending community meetings and downtown marches. Activists called for federal authorities to intervene. Alderman Joe Davis Sr. said earlier this week that he sent a letter to Gonzales asking for federal indictments in the October 2004 beating of Frank Jude Jr. Davis said Jude was denied his civil rights. An all-white county jury returned not guilty verdicts last Friday on most charges against fired officers Jon Bartlett, 34, Daniel Masarik, 26, and Andrew Spengler, 26. On one charge against Bartlett, the jury reached no verdict and prosecutors say they will retry him. Defense lawyers had argued key witnesses were unreliable because they did not remember correctly, lied or were influenced by pretrial gossip and publicity. Biskupic has said the federal review of the case could take months and possible charges could include obstruction or civil rights violations. [MORE]

• Independent investigation of Milwaukee Police Department urged "We must be active now. This is no time for apathy. I'm sick and tired of an apathetic church and an apathetic Milwaukee," said the Rev. Joseph Jackson, former president of the Milwaukee Innercity Congregations Allied for Hope. "We need to push for justice and accountability." The ministers urged legislators to craft a law that would require the firing of any officer who witnesses another officer commit a crime and does not report it. They also called for an independent investigator to look at claims of police misconduct. [MORE]
• Racist Milwaukee Cop Involved in Brutal Beating of Unarmed Black Man Wants Job Back One of three former police officers acquitted of beating a man will now look at getting his job back, his attorney said. Andrew Spengler, 26, was cleared of the single charge he faced, party to the crime of substantial battery, in the beating of Frank Jude Jr. late Friday. His attorney Michael Hart said he Spengler was fired on allegations of committing substantial battery, and since he was acquitted they should try to get his job back. Spengler, who hosted the party near where Jude was beaten, was also fired on accusations of failing to follow orders. Spengler was among nine officers fired last May by Chief Nan Hegerty. Following the acquittal of Spengler and the two other officers, Jon Bartlett and Daniel Masarik, Hegerty and Mayor Tom Barrett said none of the men would ever work for the police department. In accordance with a state law that applies only to Milwaukee police, Spengler, Masarik and Bartlett have all received full pay and benefits - worth about $64,000 - since they were fired, according to city records. [MORE]

Rick Kissell: The Jude Verdict and the Impact on Fall Elections

Has the Greater Milwaukee Green Party given thought to how the issues raised by the Jude verdict can be addressed through the upcoming fall elections?  Remember, the Clerk of Circuit Courts and the District Attorney are always up in the November of even-numbered years.  They're partisan offices and only require a couple of hundred signatures to get on the county-wide ballot.

Here in Milwaukee, the Republicans never run full slates for all those offices (D.A., County Clerk, County Treasurer, Sheriff, Register of Deeds, and Clerk of Circuit Court), and often don't bother to run any candidates at all for those slots.  (The reverse is true in the counties surrounding Milwaukee.)

When I organized "Alternative Slates" of progressive candidates for the Milwaukee County Courthouse offices in the 80s and 90s, they received up to 15% of the county-wide vote. With the right candidates, this could be an opportunity to really illustrate the complicity of local Democratic officeholders in the racism of our criminal justice system.

In any event, having a local countywide slate would help Green candidates running for higher offices.

Nomination papers for these offices begin circulating June 1 and are due in early July, so the time for thinking about this is now.

Click to read more ...

79 Year Old Black Man Beat Down by Dallas Police - Slammed on his Face

An elderly Paulding County resident claims he was the victim of police brutality at the hands of four Dallas police officers. John Nixon says the officers slammed him to the ground outside his Paulding County home on April 9. He says the officers were investigating reports of shots fired in his neighborhood. Nixon said that he was standing in his front yard when the officers pulled up and surrounded him with their guns drawn.The 79-year old says officers were yelling at him to take a gun from his pocket. Nixon insists he didn't have a gun. He claims the officers then slammed him face first to the ground, leaving him with a lump on his head, two black eyes and an injured arm. Police charged him with obstruction of justice. "I can't understand why they arrested me, because I hadn't done anything," says Nixon. He plans to file a lawsuit against the police department.The NAACP is calling for an independent investigation of the incident and wants the officers involved suspended during the investigation."I pray for them and I told them I forgive them," says Nixon. [MORE]

Irving Police Officer Acquitted in Videotaped Beating of Non-Resisting Latino Man

A 43-year-old illegal immigrant, who was beaten and pepper-sprayed by an Irving police officer during a traffic stop, filed a $1 million civil lawsuit Friday against the former officer. Jose Palomino said he is also seeking an apology from Dan Miller, 50, who was fired after the January 2005 incident. On Thursday, a Dallas County jury acquitted Miller of charges that he used excessive force. Officials said Miller has filed an appeal to get his job back. Miller, and his lawyer were unavailable for comment Friday. Palomino said Friday that his quest for justice outweighs his fear of deportation. He entered Texas from Guanajuato, Mexico, 23 years ago to search for work. Domingo Garcia, a representative for the League Of United Latin American Citizens and a former Dallas mayor pro tem, will represent Palomino, who alleges that he received an “unprovoked beating” by Miller in January that was recorded by a police dashboard camera. Garcia has also asked the FBI to look into the case for possible civil rights violations, he said “He didn’t give me a chance to defend myself, he just attacked me,” Palomino said in Spanish. “I am telling the truth. It is all on the tape.” The lawsuit alleges that Miller assaulted and committed “official oppression” against Palomino. It also alleges that the city was negligent by failing to properly train its officers in physical restraint or to teach them basic Spanish “as most police departments do” to communicate with non-English-speaking people.  On the video, Miller can be heard telling Palomino to “get down” on the ground several times while Palomino stares at him blankly. When Palomino squats down by the side of the road, the officer asks him to “get down all the way,” the video shows. It then shows, Miller spraying Palomino twice with pepper spray directly in the face. Miller then hits Palomino several times in the back and legs with a baton until he is handcuffed, the video shows. Palomino said, “I was being very careful and trying to avoid problems by keeping my hands in sight. I was panicking. I thought I was going to die.” [MORE] and [MORE]

• SEE Video [HERE] 

Protesters press council on Killing of Unarmed Black Teen by Gary Police Officer

 
16 Year Old Vincent Smith Shot in the Back of the Head by Officer  
The three-month anniversary of a police shooting that killed a 16-year-old West Side High School student was marked Tuesday with questions to the City Council from protesters. Najee Ali, executive director of Project Islamic Hope based in Los Angeles, asked city leaders why it was taking so long for an indictment against the officer. He and members of Purdue University Calumet’s Social Justice Club spoke at Tuesday’s council meeting. Vincent Smith was shot Jan. 15 by Patrolman Levi Randolf, who was responding to a call about a break-in. The eight protesters demanded to know Tuesday why Randolph was still being paid by the city and why the council hasn’t pressured the office of Lake County Prosecutor Bernard Carter to deliver a grand jury indictment in the Smith case. Police said Vincent Smith, 16, was shot Jan. 15 while fleeing officers investigating a reported burglary at Smith's cousin's home. Smith was running away from the officers and ignored Randolph’s orders to stop, according to police reports. Randolph said he saw Smith reach into a sweatshirt pocket and believed he was grabbing a gun. Randolph shot Smith in the back of the head before learning Smith was unarmed. A statement from Carter’s office earlier in the day said the prosecutor and the FBI have been conducting parallel investigations, but the local office hadn’t yet received the FBI’s official findings. The statement said a report is expected to be completed in about 60 days. [MORE] and [MORE]

Questions Linger in Harrisburg Police Shooting of Black Man: Officer Thought Cell Phone was a Gun

 
Community Speaks Out about Death of Man Killed by Police [MORE]
The first official account of the Feb. 5 police-related shooting of a Harrisburg man has surfaced in a court document seeking access to the dead man's cell phone records. Cpl. Raymond Lyda told a county detective that he shot Adeleno Al Jamar Oliver-Horton after Oliver-Horton punched him on the head and pulled a black object that Lyda believed was a handgun from his waistband, according to the court filing. That black object apparently was Oliver-Horton's cell phone, which was found at the scene by a forensics team. District Attorney Edward M. Marsico Jr. said his investigation is nearing comple tion, but he plans to discuss the results with Oliver Horton's family and their attorney, Thomas Weber, before making a public announcement. Oliver-Horton's death has caused unrest in the city, as members of the community blame police for shooting an unarmed man and investigators for taking too long to determine what happened. At Third and Emerald streets, near the site of his death, candles, angels and teddy bears line the sidewalk and messages written in black marker on a wall decry "police brutality." About 200 people marched from Third and Emerald to the Capitol April 1, chanting "justice for Al" and expressing frustration about the length of the investigation.

• And Why Would he Pull his Cell Phone Out? The court documents state that Lyda was involved in a "low speed vehicle pursuit" at 3 a.m. on Super Bowl Sunday that ended when Oliver-Horton's car struck a parked vehicle in the 2300 block of North Third Street. Police earlier said Lyda initiated the stop because Oliver-Horton, 26, was driving the wrong way on a one-way street. Lyda's vehicle blocked the driver's door and Oliver-Horton reportedly got out the passenger side and struggled with the officer. "During this struggle, Horton punched Corporal Lyda on the top of his head," Chardo's affidavit says. "Corporal Lyda wrestled Horton to the ground to a position where Horton was on his hands and knees. "Horton then reached to his waist and removed a black object that Corporal Lyda believed was a small handgun," the filing says. "Corporal Lyda, in fear for his life, drew his duty pistol and fired one round killing Horton." Oliver-Horton's aunt Penny J. Gilcrist said she has doubts about the scenario provided by Lyda. "Why would he reach for his cell phone when he knows it's not going to help him?" Gilchrist said. "I mean, it doesn't make sense. It just doesn't make common sense to do something like that." [MORE]

• Pictured above: (Top) Al Jamar and (bottom) an entire wall full of a fallen loved one, Al Jamar, apparently gunned down by the Harrisburg PD. [MORE]
  
• March to protest man's death [MORE] and [MORE]