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News (Media Awareness Project) - US MI: Federal Jury Clears 8 Detroit Police Officers
Title:US MI: Federal Jury Clears 8 Detroit Police Officers
Published On:2004-05-20
Source:Kansas City Star (MO)
Fetched On:2008-01-18 09:29:49
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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