Month: May 2015

DOJ Opens Investigation into Police Suspect Killed by Spinal Injuries

Originally published on April 23, 2015, at NationofChange.org

The Justice Department announced this week that it is opening a criminal investigation into the death of a suspect who died from fatal spinal cord injuries while in police custody. Although Baltimore police officers claim that they did not use force against the suspect, witnesses and cell phone footage reveal officers dragging the suspect as he screamed in pain. The Justice Department has already been conducting a review of the Baltimore Police Department after the city paid nearly $6 million in court judgments and settlements involving over 100 lawsuits alleging police misconduct since 2011.

At 8:39 a.m. on April 12, a Baltimore police officer made eye contact with two individuals standing at a street corner who immediately fled. Officers pursued the individuals and apprehended one of them. According to the police, 25-year-old Freddie Gray surrendered without requiring the use of force as another officer aimed a Taser at Gray but did not deploy it. After restraining him, Officer Garrett Miller allegedly found a switchblade inside Gray’s pants pocket.

Witnesses assert that the arresting officers used excessive force to arrest Gray and refused to give him medical treatment. After watching the officers sitting on Gray’s back while handcuffing him, a bystander named Kiona Mack took out her cellphone and recorded a video of officers dragging Gray into the back of a police van as he screamed in agony.

“They had him in a crab-like position, where his legs were bent back and his arms,” another witness recalled. “He was handcuffed, and at this point, they had knees in his back and his head.”

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DOJ Admits FBI Forensic Examiners Gave False Testimony for Decades

Originally published on April 21, 2015, at NationofChange.org 

In response to a Washington Post investigation, the Department of Justice and FBI have formally admitted that the majority of FBI forensic hair analysts provided flawed testimony and false evidence against criminal defendants for nearly three decades. With the advent of DNA testing, the FBI has discovered that their own forensic examiners gave erroneous testimony in more than 95% of cases that have been reviewed. Due to the fact that FBI analysts provided scientifically invalid testimony for decades, numerous innocent convicts have been exonerated and released from prison.

In 1997, the Justice Department discredited the work of FBI analyst, Special Agent Michael P. Malone, and 13 other analysts, finding that they had made false forensic reports and performed inaccurate tests. Five years later, DNA analysts at the FBI found that the Bureau’s own forensic examiners reported false hair matches over 11% of the time. The 2009 National Academy of Science report on forensic science, Strengthening Forensic Science in the United States: A Path Forward, deemed microscopic hair comparison analysis to be highly unreliable.

In December 2009, Donald E. Gates was released from prison and exonerated after DNA evidence proved that the hair and semen found on the victim’s body did not belong to Gates. FBI Special Agent Michael Malone’s false testimony and flawed hair analysis resulted in Gates’ conviction for a rape and murder that he did not commit. Gates served 28 years in prison for Agent Malone’s incompetence.

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Dash Cam Video Reveals Police Car Running Over Suspect

Originally published on April 16, 2015, at NationofChange.org

Police released dash cam video of an officer using his patrol car to intentionally run over a suspect. Although the suspect’s attorney has accused the officer of using excessive force, Marana Police Chief Terry Rozema defended the officer’s actions and commended him for potentially saving lives. The officer has not been indicted on any criminal charges.

According to the police, Mario Valencia allegedly robbed a 7-Eleven in Tucson while wearing only his underwear and brandishing a metal object at 6:45 a.m. on February 19. Over an hour later, Valencia reportedly broke into the Tucson Baptist Temple and set a fire at the church. After breaking into a home and stealing a car, Valencia drove to a Walmart where he stole a .30-.30 rifle and ammunition.

After abandoning his stolen car and fleeing from Walmart on foot, Valencia encountered Marana police officers in a business park. According to Lt. Tim Brunenkant, an officer ordered Valencia to drop the rifle several times. Instead of complying, Valencia reportedly aimed the rifle at his own head and threatened to commit suicide. Before turning the corner and walking toward a Coca-Cola bottling plant, Valencia allegedly pointed the gun at an officer but did not fire.

Dash cam video from two patrol cars following Valencia shows officers cautiously approaching him. An officer hears Valencia fire a gunshot into the air and reports, “One round just went out into the sky. It’s definitely unlocked now, it’s definitely loaded.”

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