Pubdate: Thu, 17 May 2001 Source: Tulsa World (OK) Copyright: 2001 World Publishing Co. Contact: http://www.tulsaworld.com/ Details: http://www.mapinc.org/media/463 Author: Ziva Branstetter Bookmark: http://www.mapinc.org/racial.htm (Racial Issues) OHP PAYS $75,000 TO SETTLE LAWSUIT The Oklahoma Highway Patrol agreed to pay $75,000 Wednesday to settle a lawsuit filed by a black Army sergeant and his son who were stopped and searched for more than two hours. Public Safety Commissioner Bob Ricks said he agreed to the settlement to avoid a costly trial. He said the troopers involved in the stop had done nothing wrong. U.S. District Judge David Russell had dismissed claims in the case that the OHP engaged in racial profiling. A remaining claim that troopers Branson Perry and Bob Colbert had violated the Fourth Amendment to the Constitution by conducting an illegal search and detention of Rossano Gerald and his then-12-year-old son was set for trial when the settlement occurred. The American Civil Liberties Union and the state chapter of the National Association for the Advancement of Colored People also were plaintiffs in the suit. Though terms of the settlement had been sealed by a federal judge, the settlement was made public Wednesday at the request of the Tulsa World. Gov. Frank Keating said he was pleased that the case had been concluded "with the court dismissing all racial profiling allegations against the DPS and the individual troopers. I am also glad to see the details of the settlement of this case were released to the public, which has the right to know what occurred." Keating also pointed out that the case was settled to avoid a costly trial and that the settlement "is in no way an admission of guilt." Robert McCampbell, an Oklahoma City attorney hired by the Department of Public Safety to defend the suit, asked Russell to open a hearing Wednesday during which the settlement was discussed. McCampbell has been nominated as the new U.S. attorney for the Western District, where the lawsuit was filed. The settlement calls for a payment of $51,250 to Rossano Gerald, the sergeant who was stopped on Aug. 13, 1998. It also calls for a payment of $20,000 into a trust fund for his son, now 15, and $3,750 in fees for Gerald's attorney, John Coyle of Oklahoma City. The boy will have access to the funds when he turns 18 or by court order. The payments will come from an insurance policy purchased by the Department of Public Safety. Ricks said the settlement is not an admission that the patrol violated the rights of Gerald and his son. "It gets down to a dollars-and-cents case. The state would be spending tax money to go to trial." Ricks said the agency had already spent about $150,000 to defend the suit. "I do not agree that the search and detention were unreasonable. There's no finding of wrongdoing. I have substantially reviewed the conduct of the troopers involved and I find nothing wrong with what they did," he said. Gerald, a decorated veteran of Operation Desert Storm, was stopped by the OHP on Interstate 40 near the Arkansas border. The suit claims that Gerald and his son, Gregory, were placed in a hot patrol car while troopers repeatedly searched his Nissan 300 ZX. At one point during the search, a trooper asked Gregory if he had any weapons and conducted a pat search of the boy, the suit claims. It states that Gregory was taken from his father and placed in a patrol car with a barking drug dog inside while troopers questioned him. After a search lasting more than two hours that turned up no evidence of drugs, Gerald was allowed to leave with a warning ticket for failure to signal a lane change. In a deposition in the case, Gerald states that "deep down in my heart, I know Trooper Perry pulled me over because I was a black male. He stared me down, pulled me over, he harassed me, he harassed my son, he threatened me, he took my son away from me." "I think I serve my country well. I never want my son to see racism like this happen," the deposition states. Gerald also states that the traffic stop "has scarred us for life." He said the boy has had nightmares and problems in school that he believes are related to the ordeal. "He wants to become a lawyer so this won't happen again. . . . He said he wanted to make it right. Not only for him, but for the rest of the kids." An order by Russell states that the Geralds failed to prove racially disparate treatment by the OHP, in part because there are no statistics that address how often the OHP stops and searches blacks as compared with whites. Rep. Opio Toure, D-Oklahoma City, said he will ask for an interim study to determine whether law enforcement agencies statewide should be required to collect statistics on the races of those they stop. Toure was a sponsor of the state's new racial profiling law, which took effect last year. Toure said he had originally included data collection in his bill but struck that requirement after opposition from law enforcement. Ricks said on behalf of others in the law enforcement community, he opposed any requirement for data collection when the law was being considered. He said such requirements would be too difficult and expensive for smaller agencies, though the OHP had the ability to comply. - --- MAP posted-by: Josh Sutcliffe