Pubdate: Thu, 12 Oct 2006
Source: Edmonton Journal (CN AB)
Copyright: 2006 The Edmonton Journal
Contact:  http://www.canada.com/edmonton/edmontonjournal/
Details: http://www.mapinc.org/media/134
Author: Chris Purdy,The Edmonton Journal

DRUG RAID DONE 'PERFECTLY': POLICE

Mistakes Made During Deadly Storming Of Gang Apartment, Fatality Inquiry Told

EDMONTON - An Edmonton police lawyer says tactical officers 
"perfectly" executed their search warrant during a 1999 drug raid, 
deflecting any responsibility for the deaths of two young men who 
climbed over the apartment's balcony and fell to the parking lot below.

Leona Tesar told a fatality inquiry Wednesday that Adam Miller, 21, 
of Edmonton and Huu Pham, 15, of Calgary made the ultimate choices 
that led to their deaths.

Evidence presented during the inquiry showed the two fell about the 
same time a police "flash-bang" was detonated near the fourth-floor 
balcony. The device explodes with a loud bang, making a bright flash 
and setting off smoke, and could have caused the men to fall.

Outside court, Allie Miller angrily blamed police for the death of 
her son. "They didn't do a proper job of what they were supposed to 
be doing that day."

Her lawyer, Tom Engel, said he was shocked Tesar made no 
recommendations for police to improve their policies and techniques.

"It's outrageous, arrogant," said Engel. "I mean, how could you say 
these two people were the authors of their own misfortune?

"Obviously it wasn't a perfectly executed warrant. Two innocent people died."

Three years after the inquiry began, lawyers finally gave closing 
statements in the case before provincial court Judge Leo Wenden.

He said he will soon start writing his report but did not say when he 
will finish. His job is not to assign blame but to provide 
recommendations intended to prevent similar tragedies.

Wenden suggested he may recommend officers in the tactical unit get 
more training.

He said the tactical officers did not properly time the raid on the 
east-end apartment on Sept. 24, 1999.

The raid was part of a sweep of homes and businesses associated with 
a city gang that trafficked in cocaine. Although police arrested some 
people in the apartment, Pham and Miller were not suspects.

Const. Michael Allan was supposed to throw a flash-bang from the 
parking lot to distract people in the apartment before other officers 
used a ram to knock open the door.

But when the ramming began first, Pham, Miller and a third man fled 
to the balcony.

They climbed the railing and the flash-bang went off.

"It has me bedevilled," said Wenden. He questioned whether tactical 
officers should spend their downtime with more training exercises 
rather than working general police duties.

"If they are highly trained, do they not become blunted instruments 
if used in traffic or crowd control?" asked Wenden. "What does it do 
to their skills?"

Engel recommended the tactical unit use the tragedy as a possible 
scenario in future training. And he asked that investigations into 
other police-related deaths be made public. No outside police agency 
was called in to investigate this case. In May, during a surprising 
last day of inquiry testimony, a former tactical officer disputed 
Allan's evidence that it was too late to stop his throw of the 
flash-bang once he saw the men climb over the railing.

Allan testified in 2004 that Pham and Miller "let go" of the railing 
after the device went off.

Const. Adam Morrison wrote a letter to the inquiry this year stating 
he had new evidence he was previously unable to talk about because he 
was under stress.

Morrison testified Allan privately told him that he threw the 
flash-bang, it hit the balcony's railing and went off at the same 
time as the men fell.

Morrison said Allan then started walking towards their bodies on the 
ground, intending to "put the boots to them."

Morrison has filed a $900,000 lawsuit against the police force 
claiming he was bullied and harassed by fellow members of the 
tactical unit. The allegations have yet to be proven in court.
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