Pubdate: Thu, 20 May 2004
Source: Kansas City Star (MO)
Copyright: 2004 The Kansas City Star
Contact:  http://www.kcstar.com/
Details: http://www.mapinc.org/media/221
Author: David Ashenfelter, Nancy A. Youssef
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

FEDERAL JURY CLEARS 8 DETROIT POLICE OFFICERS

DETROIT - A federal court jury Thursday acquitted eight Detroit police 
officers of violating the constitutional rights of drug dealers, pimps and 
prostitutes.

Jurors said they didn't think prosecutors proved their case beyond a 
reasonable doubt, and relied on questionable witnesses.

"Their witnesses scared the living bejeebers out of me," said one juror, a 
67-year-old Detroit woman. Many witnesses admitted on the stand that they 
were involved in drugs or prostitution.

"They're all criminals. They're hard to believe," said another juror, who 
described herself as a 64-year-old Madison Heights real estate agent. She 
said she doesn't know how Detroit can rid itself of crime without 
aggressive police officers.

The verdicts, which came after a 34-day trial, testimony from more than 100 
witnesses and 19 hours of jury deliberations, set off cheers and applause 
in the packed courtroom at U.S. District Court in Detroit and throughout 
the police force.

The officers were accused of conspiring to violate the constitutional 
rights of criminal suspects by planting evidence, falsifying reports and 
lying in court to justify a series of illegal arrests in 2000-02.

The eight police officers hugged their lawyers. Family members wept. 
Supporters gave each other high-fives and breathed sighs of relief after 
Judge Avern Cohn announced that the jury had found the officers not guilty 
of all 36 counts.

"I hope they reinstate me as fast as they suspended me," Officer Matthew 
Zani, 37, of Detroit said after the verdicts.

Also acquitted were Jeffrey Weiss, 33; Christopher Ruiz, 30; Timothy 
Gilbert, 29; Mark Diaz, 28; Jerrod Willis, 33; Denny Borg, 32, and William 
Melendez, 35.

"Through God and his holy mother, that's how this happened," said Melendez.

His lawyer, David Lee of Detroit, said: "This is a great day for our 
clients and for the Detroit Police Department. ... Every police officer in 
this city now knows they can go out and do their job."

Lee and other defense lawyers had argued that most of the government's 
witnesses were lying to get honest, hard-working officers off the street so 
the witnesses could continue their illicit activities.

The lawyers also said police officers who had pleaded guilty and testified 
against the defendants in exchange for leniency couldn't be believed.

Assistant U.S. Attorneys Michael Bullotta and John Engstrom couldn't be 
reached for comment after the verdicts. U.S. Attorney Jeffrey Collins 
issued a statement saying, "We accept the jury's decision and thank them 
for their time and service to this case. We will continue to investigate 
all allegations of police corruption and will prosecute when the facts 
warrant."

Prosecutors alleged that Melendez, known on the street as Robocop, and Zani 
were ringleaders of a group of 19 officers who violated the rights of 
criminal suspects in more than a dozen incidents. They said the officers 
planted guns and drugs on suspects, broke into their homes without 
warrants, conducted illegal searches and lied about them in court to 
justify their arrests.

Prosecutors said some of the suspects spent time in prison for crimes they 
didn't commit. At least two were released from prison after the officers 
were indicted.

Detroit Police Chief Ella Bully-Cummings said she respected the jury's 
decision: "I think this is how the judicial system works."

The department will now decide whether the officers violated departmental 
policy and should be disciplined. A policy violation requires less proof 
than criminal charges do.

Bully-Cummings said she would do what's best for officers and residents, 
but welcomes the prospect of having more officers on the street.

Also unclear is whether other officers will be tried.

Nineteen were indicted last year. Three pleaded guilty in exchange for 
leniency and testimony against the others. Charges were dropped against 
one. Seven are to be tried later this year.

Courthouse observers said the acquitted officers would have a difficult 
time if they sued the department over the case, because they spent little 
time in custody and will likely receive back pay and return to their jobs.

One lawyer said the drug dealers and others who sued the city for alleged 
police harassment will have a tough time winning, given the officers' 
acquittals.

Another observer said the verdicts might make it harder to win rank and 
file cooperation to adopt changes required by a lawsuit settlement between 
the city and the U.S. Justice Department over civil rights violations.

Ron Scott of the Detroit Coalition Against Police Brutality said he was 
horrified by the verdicts.

Scott said the officers are no better than the U.S. military jailers in the 
prisoner abuse scandal in Iraq.

Marty Bandemer of the Detroit Police Officers Association praised the 
verdicts and said the union will push to have the officers reinstated, will 
defend them if the department tries to discipline them and is considering a 
lawsuit against the Justice Department to recoup the cost of defending the 
eight officers. One defense lawyer estimated the total for the eight 
officers at $500,000 to $1 million.

Legal experts said they weren't surprised by the verdicts.

"It's always a hard case to prove anything beyond a reasonable doubt when 
you don't have videotapes or other smoking-gun physical evidence," said 
David A. Moran, a Wayne State University law professor and appellate 
lawyer. Moran said it's especially difficult to get guilty verdicts "when 
you have to rely on the testimony of people who don't have a good track 
record of telling the truth."

"Citizens are sick of crime and they want active police officers who are 
doing something," said Steve Fishman, who represented Willis.
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