'If Frank Jude could be beaten half to death, so can you.'

 

• Racist Milwaukee Cops accused in beating plead not guilty
  

Three police officers accused of beating a man they thought had stolen a badge and wallet during an off-duty party pleaded not guilty to felony charges Wednesday after a court commissioner found there was enough evidence for them to stand trial. Frank L. Jude Jr., of Appleton, took the witness stand and for the first time formally faced the men charged with battering him while he lay face down in the street outside the house where off-duty officers were partying during the early morning hours of Oct. 24. Jude, 26, testified he could not identify the men who delivered the blows that left him with a fractured nose and other injuries. All three defendants, Jon Bartlett, Daniel Masarik and Andrew Spengler, are charged with party to substantial battery. Bartlett and Masarik also are charged with party to second-degree recklessly endangering safety. Masarik faces a third count of perjury. The only other witness at the preliminary hearing, Officer Joseph Schabel, testified he saw all three off-duty officers punch or kick Jude after Schabel and his partner responded to the scene. "Officer Bartlett came in and kicked Jude in the face," Schabel said, adding he heard a "popping and cracking" sound. Schabel said he ordered Bartlett to step back. Spengler "punched him twice in the face," and Masarik kicked Jude in the head, the officer testified. Commissioner Barry Phillips found probable cause to support the charges and set a scheduling hearing for early April.  [more]

Officer says he saw cops beat Jude

Jude said he was choked, but he isn't sure with what. Someone cut his pants off, placing a knife on his thigh, "close to his privates," he said. Throughout the attack, he said, the off-duty officers used racial slurs. He said his fingers were yanked back, a knife was placed to his neck, a gun to his head and something was jammed in both ears, making them bleed for days. "It was torture. That is the only way I can explain it," he said. Under questioning by defense attorneys, Jude acknowledged nothing was said at the party that gave him the "bad vibe." The defense attorneys also hammered away at his ability to identify their clients in the beating. "I don't know who did it," Jude said. "Punches and kicks were coming from every direction." Officer had clear view Schabel provided more solid testimony, saying he clearly saw all three officers strike Jude. Schabel, an officer for 4½ years, said he and partner Nicole Martinez were sent to the 2800 block of S. Ellen St., and down the block they encountered Harris, who told them the men were beating Jude. Schabel said he saw what appeared to be a fight and Jude was facedown in the street with his hands underneath him. Spengler told him Jude had stolen his badge, so Schabel began to arrest Jude. Spengler and Bartlett were trying to get Jude's arms out from under him, and Masarik was standing over him, Schabel said. Another half-dozen men were standing close to Jude and others on the sidewalk, he said. Schabel said he took Bartlett's spot on Jude's right side and tried to get his hands out from under him, applying "two focused strikes" to Jude's shoulder. Masarik then kicked Jude in the head, Schabel said. Bartlett grabbed Schabel's pen from his pocket, but Schabel said he didn't see what Bartlett did with it. After the handcuffs were put on Jude and Bartlett kicked him, Spengler punched him twice in the head, Schabel said. Schabel said he ordered Spengler to stop, which he did. Schabel also testified that Bartlett used a knife to cut Jude's coat in half.

Click to read more ...

NAACP complains of bias in Jude, George cases

The Milwaukee branch of the NAACP Monday called upon federal court officials and the Milwaukee County district attorney's office to diversify their leadership ranks following what the organization described as "biases" in two separate cases. The group took exception to what it said was the "lenient" charge against one officer involved in the Frank Jude Jr. beating case, as well as the "light" sentence given to one of the central figures in the kickback scheme involving former state Sen. Gary R. George. It is the perceived racial biases coming out of both offices in those two cases that are of utmost concern, said Jerry Ann Hamilton, president of the local NAACP branch, at a press conference. "We recommend that they diversify the leadership positions within their offices to create an atmosphere accommodating to diverse, open-minded reasoning," she said. The NAACP says the charge filed against Andrew R. Spengler, one of the police officers accused in the October beating of Jude in Bay View, was too lenient. Spengler was charged last month with being a party to the crime of substantial battery and faces up to 3 1/2 years in prison and $10,000 fine. Two other officers, Jon M. Bartlett and Daniel L. Masarik, face more severe charges in connection with the beating. If convicted, Bartlett could serve up to 22 1/2 years in prison., while Masarik faces a maximum of 19 1/2 years. [more]

NO Hiring Criteria for Milwaukee Cops

No one person is held accountable when a bad officer is hired in Milwaukee, because no one person is responsible - or even sees the applicant's entire file. Instead, the patchwork hiring system relies on a point scale designed to purge all subjectivity from the process and keep the city out of court. The Fire and Police Commission, which hires the city's officers, hasn't even attempted to assess whether the new system - borne of 30 years of litigation over racial bias - is effective. The commission didn't orally interview applicants from 1997 through 1999. It didn't begin giving officer candidates psychological tests until 2000, more than two decades after they were adopted by many other departments, according to experts on police hiring. Milwaukee continues to differ from other departments because it doesn't require all applicants to be interviewed by a psychologist, experts say. Not one of the five Milwaukee police officers charged with felonies in the past month received a psychological test and only one was even interviewed by the department before going onto a hiring list. Both procedures are standard for departments across the country and considered essential to weeding out potential problem officers before they join the force. [more]

Houston Police Officer Gunned Down Latino Teen - Then Delayed in Calling Ambulance

A Houston Independent School District police officer delayed several minutes before calling for an ambulance to help a dying 19-year-old he shot on the grounds of an elementary school last October, according to witnesses' accounts and public records obtained by the Houston Chronicle. A fire station was just five blocks away from Lantrip Elementary School, but help did not arrive until 1:47 a.m. — 29 minutes after a medical examiner's report says the officer first surprised Roy Rodriguez while allegedly trying to jimmy a vending machine with a screwdriver. Officer Richard McColister told investigators that he thought Rodriguez had a gun and he shot at him in self-defense. A school district spokesman initially said McColister had not delayed summoning medical help, but later said the officer didn't call right away because Rodriguez had fled and he wasn't even sure his shot had hit him. In a just-released autopsy report, the Harris County Medical Examiner's office said there was a trail of blood from the vending machine to the spot where Rodriguez fell, and soon died. A single bullet had entered on his left-rear side, then passed through his heart and out the front of his chest. Rodriguez also had fresh cuts and bruises on his face, the report says. A screwdriver was found near the vending machine, but no gun or other weapon was found at the scene. The Houston Chronicle requested response times and other details about Rodriguez's death after witnesses and family members complained that it took up to half an hour before an ambulance arrived from the nearby station on Telephone Road. The school district has offered conflicting timelines on the incident also . . ."There's a lot of discrepancies here — things don't add up," said Sylvia Gonzales, of the League of United Latin American Citizens in Houston.  [more]

Prosecutor asks for rare hearing into fatal shooting of Black teen by Delray Police

Saying he wants to put public concern to rest, State Attorney Barry Krischer on Thursday took the unusual step of seeking a public hearing known as a coroner's inquest -- into last month's shooting death of 16-year-old Jerrod Miller by a rookie Delray Beach police officer. It is only the second time in Krischer's 12-year tenure that he has sought such a hearing. The first one was the July 2003 coroner's inquest into the hanging death of Belle Glade resident Feraris Golden.  After a two-day hearing, Circuit Judge Judge Harold Cohen ruled that a depressed Golden took his own life. Krischer said Thursday that -- as with the Golden case -- the community would be best served by a public inquiry into Miller's death. "The benefit of an inquest is that it's not secret. It's open to the public and everyone has an opportunity to participate if they have germane information," he said. Officer Darren Cogoni shot Miller as the teen drove a Cadillac through a courtyard at the Delray Full Service Center during a Feb. 26 school dance. Miller reportedly fled when Cogoni asked for the teen's license, according to witnesses. Records indicate Miller did not have a license. [more] and [more]

• Weekly protests planned over shooting of teen by Delray police [more]
• Same old story in Delray Beach
  
• Delray shooting spawns second task force
  

Shooting prompts NAACP task force
Residents moved by the recent shooting death of a 16-year-old at the hands of police emerged Friday night as members of a new task force for the South Palm Beach County branch of the NAACP. Seeking solutions to the racial tensions between the area's black community and city officials, area residents packed into Pompey Park's community center and established The Delray Beach Task Force. The 27-member task force will work under the direction of the NAACP to address a law enforcement investigation in the death of Jerrod Miller, who was shot dead outside a school dance by a 23-year-old rookie Delray Beach police officer. [more]

In the Wake of Police Killing of Unarmed Black Man - Aurora Police to Enact Deadly Force Board

• Police Caught Lying, Contradicting themselves in Fatal Shooting of Jammal Bonner

The Aurora police department, which shot seven people last year and killed five, is taking steps to examine the use of deadly force. A CBS4 News investigation last week probed the shooting of an unarmed man. The department is setting up an internal review board to examine officer's use of force in future cases. On Dec. 3, 2003, Jammal Bonner, 20, found himself outside the Top Star motel selling crack cocaine to an undercover police officer posing as a hooker. Police were trying to arrest prostitution patrons. A police surveillance camera was rolling and a "street arrest team" was in place, ready to take down suspects. Bonner wasn't interested in sex, though, and the undercover police officer said she lured him up to a motel room. But what exactly happened in that room at the Top Star motel? As four SWAT officers pour into the room, the surveillance tape was turned off. Officers have conflicting accounts. Two of the officers said Bonner was shot while he struggled with police, and was standing up when the shots were fired. Three officers in the room have conflicting accounts, indicating Bonner had been Tasered and was shot in the back while he was on the floor or going down. "He's down, but he's on his knees," one officer said. "But his head is down, basically on the floor." Police say they thought Bonner had a gun. They also say he never showed his hands. It turned out he had no weapon.  Bonner's parents say the time has come for change. "I want some change," Bonnie Bonner, Jamal's mother, said. "I don't want to see this happen to another soul." [more] and [more]

• Excellent Investigative Reporting Piece on the Bonner Police Killing is [here]
  

Louisville Police Officer who Killed Michael Newby to get $60,000 to Stay Off police force

•  Since 1997 at least 10 Black or Latino Men have been Killed by Louisville Police - No Officers have been Convicted [more]

The Louisville Metro Police Department has struck a deal that will ensure former Officer McKenzie Mattingly won't ever be back on the police force. The family of the drug suspect he shot to death says they're shocked and upset by the deal. In January 2004 Mattingly shot 19-year old Michael Newby. Metro Police said the shooting occurred during an undercover drug bust gone bad. Mattingly was later fired but a jury acquitted him on murder charges. He petitioned to get his job back. Now he has apparently struck a deal with the LMPD in which he'll receive about $60,000 in back pay and will stop trying to be reinstated as an officer. Newby's family is upset because they didn't even know the deal was being negotiated. Newby's mother, Angela Bouggess said, "When it came to this thing right here, we didn't have no idea any of this was going on, then bam! Smack in the settlement he's getting $60,000." LMPD chief Robert White said, "From my perspective what's the most important thing is McKenzie Mattingly is not a police officer in our department and that goal was met today." [more]

• Mattingly hopes Newby's survivors will forgive him [more]

Newby's family rejects offer to settle lawsuit against city

Louisville metro government has offered to settle a $5 million wrongful-death lawsuit filed by the family of Michael Newby, the 19-year-old man shot by former police Detective McKenzie Mattingly during an undercover drug deal in January 2004. The civil suit was filed against Mattingly and the metro government last March. Newby's family said last night that the city had offered them $200,000, a figure that city officials confirmed. The family rejected that offer, said spokesman Christopher 2X. Mayor Jerry Abramson said yesterday that both sides have agreed to send the matter to mediation. "We'll see what happens now," 2X said. [more]

More Disrespect from Denver Police - Cop Suspended for Only 30 Days After Killing 63 Year Old, Invalid, Latino Man

Police Chief Gerry Whitman recommended that Ranjan Ford Jr. receive a 30-day suspension for shooting and killing an unarmed invalid last summer. That Monday recommendation is 10 days more than the suspension Whitman recommended for officer James Turney, who fatally shot Paul Childs, a developmentally disabled teen, in July 2003.  "I think a 30-day suspension is an arbitrary and capricious number," said Mike Mosco, president of the Denver Police Protective Association "We stand behind Ranjan and we are going to ensure that his due process rights are protected and enforced." The mother of Lobato's three children, Christina Gomez, said Wednesday she couldn't believe Whitman's suggested discipline. "This is absurd, unbelievable," said Gomez, reached at her home in Sacramento, Calif. "(Ford) should be fired - off the force completely." If it were someone other than a law enforcement officer who fired the fatal shot, he would be in jail and not given a slap on the wrist, she said. "Because (Ford) is a police officer doesn't give them the right to excuse him," she said. "There should be criminal charges against him."  News of the recommendation quickly spread throughout the police department. A fax sent out from District Six asked officers to donate to a fund established to help with Ford's expenses if the recommended suspension goes through. Lobato, 63, was shot July 11 in a west Denver home as he lay in bed watching television, after Ford apparently mistook a soda can in the man's hand for a weapon. [more]

• Civil Suit Pending In December, a grand jury decided not to indict Ford in the shooting, and then-District Attorney Bill Ritter declined to file charges. Ford, a Denver police officer since 2001, is back on the job, but not on patrol duty. The shooting could lead to federal action. Family attorney Kenneth Padilla said Lobato's relatives may file a federal civil rights lawsuit. The Department of Justice also is weighing whether to intervene. [more]

And Even More Disrespect from Denver Police, Cop who Killed 15 Year Old Black Boy gets Job Back

He returned to work Monday, 11 months after receiving one of the stiffest penalties for a fatal police shooting in Denver in connection with the killing of a developmentally disabled teen. Officer James Turney is back on the job and sitting behind a desk. Turney is now working in the police department's technology and support division, police spokesman Sonny Jackson said Tuesday. Turney's 10-month suspension was lifted in January by a civil service commission hearing officer. Although Turney has said he wants to return to patrol, the final decision was up to Police Chief Gerry Whitman, who said last year he would be assigning Turney to an administrative post upon his return. Last April, Manager of Safety Al LaCabe suspended Turney for 10 months without pay. The suspension came almost a year after Turney shot and killed 15-year-old Paul Childs, who wielded a knife. "He shouldn't have a job, period," said Helen Childs, who was reached at her home Tuesday evening. "He should be in jail where he belongs." At the very least, she says, Turney should have been fired for killing her son in July 2003. She said she takes some comfort knowing he's assigned to a desk job. "I'm glad he's not on the streets because he would do it again," Childs said. In January, Civil Service Commission hearing officer John Criswell overturned Turney's 10-month penalty, saying Turney should not have been disciplined for the shooting The city has filed an appeal of the ruling with the Civil Service Commission.[more]