I've reread a Strib article from 4/07/01 relating to
this case. A few things jumped out at me this time in
a second reading that had not occured to me before.
It's frightening how blase one can become.
First: It was a federal suit which is a horse of a
different color. In the last federal case the city was
involved in vis a vis police conduct was a chase in
which an innocent chauffeur was killed by a fleeing
motorists. If I recall correctly the city settled for
way above the $300k limit the state legislature has
set as a ceiling for the city's liability.
Two things about this intrique me: a) is it legal for
there to be a limit on the city's liability? I don't
think anyone wants this question to end up in federal
court for fear the state statute may not be upheld. At
any rate federal law has no ceiling for liability as
far as I know,; and b)I wonder if the city wants to
keep these sort of matters out of federal court
litigation. As an article in USA Today which Michael
Hohmann referred to us the other day, the federal
government Justice Department is investigating a
number of identified cities regarding ongoing
allegations of harassment, brutality, and profiling.
Mpls. was not identified as one but there was also an
ominous note that two, as yet, unnamed cities were
being looked at.
It should be noted that there is a question in the
last paragraph and lots of idle speculation on my
part.
Second: At first reading I recognized one officer's
name. At the second reading I recognized another. I
also realized that the officers involved whom I know
are in the Downtown Command. So what? It means they
were either transferred after the incident or they
chased the kid a long way to Edina. That could add
some frustration to the mix. Or is being tranferred
out of a precinct to another how we "discipline"
officers?
Third: Joan Campbell and Lisa McDonald who voted to
settle voiced the fear the city would not win. Joan
Campbell was quoted as saying "there were some
extenuating circumstances that might make that more
difficult" referring to winning a court case. I should
say!
The paper said an Edina officer filed a report that
the MPD officer made 4 striking motions while the
victim was motionless on the ground. One councilperson
I spoke with said " the Edina cops thought the Mpls
cops were out of control". In a recent meeting Chief
Olson stated the victim 'broke his nose on the golf
course'. It gets better all the time.
Joe Biernat and Barb Johnson voted against the
settlement. Joe's assessment was " the kid has no
permanent injuries". Apparently Joe has never had the
stuffing pounded out of him.
Finally the plaintiff's attorney was going to allege
"the city has a history of tolerance of the use of
excessive force on fleeing suspects." By all means,
the city does not want to air that dirty linen in
public. This had to have been egregious given a
assistant city attorney's comment that police
brutality cases are generally settled out of court for
$15,000. Either that or were just giving money away in
which case I think I'll go out and taunt a cop on the
corner of 5th and Hennepin tonight.
I've been accused of being overly simplistic by
someone on this list who took issue with my
characterization of the murder of Abuka Sanders. I
suppose that will be the case here as well.
To me it is pretty simple. We apprehend criminals, we
arrest them, we read them their rights, we transport
them to jail where they are eventually accorded the
right to see an attorney, go before a judge where
charges are lodged against them and bail is set
whereupon they can make bail and leave jail until they
are to appear in court where they are then confronted
by their accusers and are afforded the opportunity to
defend themselves.
We do not beat people on the sidewalk, we do not throw
out nets that gather people willy-nilly off the street
on the off chance they may be criminals, we do not
prejudge the guilt or innocence of a person and
justify police behavior with the excuse "they were bad
guys anyway", we protect and serve all without regard
to race, creed, gender, perceived innocence or guilt.
Too simplistic. Perhaps. Did Abuka Sanders do all the
things a list member says the police say he did?
Perhaps. But without better documentation it's all
hearsay to me. What I stated was truth, pure and
simple; police reigned down 34 rounds of ammunition on
a bi-polar individual who was probably more confused
and terrified than he could ever be dangerous. Here's
some more info: Abuka Sanders had a lengthy police
recored; 54 offenses, all of them misdemeanors or
petty misdemeanors and almost all from traffic and
parking vilations.
Abuka was a big man. He was not violent and there is
no record to suggest that to be the case.
To read the apologia for the police from one list
member you would think there was no need to convene a
grand jury. For all the good it will do anyway! The
idea that the Hennepin County Sheriff and the Hennepin
County Prosecutor will ever take a critical look at
the MPD is nigh impossible. There is an inherent
conflict of interest in the proposition.
Our police are poorly trained, poorly disciplined and
poorly led. They are not soldiers in a war, they are
peace officers. And people who condone any violation
of due process and civil liberties, be they civilian
or police, under the guise of whatever they believe
justifies them, act antithetically to the spirit of
our Constitution however that may differ from reality,
both present and past.
I believe in the spirit and intention of America as
expressed in the Bill of Rights and amendments. The
idea that our Chief cop here in town keeps a copy of
the constitution handy on or in his desk is a joke.
What does he use it for? A coaster? Politicians who
pander to the fear of the populace appeal to their
baser instincts and they reap the whirlwind they set
in motion while we pay the price.
That's the situation we have now.
Tim Connolly
Ward 7
As to walking a mile in a person's shoes, and
experiencing the fear, the adrenaline these officers
felt, let them come along for a bi-polar ride, let
them be cuffed tight and thrown in the back of a cop
car with no ventilation and extreme claustrophobia;
let them be thrown into a steel room with a single
steel table the only furniture, a camera in the
ceiling, a 4"square window in the door; let them
experience jack booted sadistic hospital attendants
putting them in four point restraints, pulling down
their pants and having two needles jammed in their ass
and for the eight seconds before they go under
experiencing the certainty of their own death.
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