Undue Force Civil wrongs Oct 5

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Informing more than 1 million Maryland readers weekly in print and online SUNDAY Price $2.50 ($3 out of market). Our 177th year, No. 278 October 5, 2014 D baltimoresun.com bridge autos 2 lottery news 5 movie directory a&e 4 horoscopes news 23 obituaries news 24 opinion news 26 puzzles comics section tonight on tv comics section books a&e 3 classified b&j 5 inside MARYLAND EBOLA ALERTS: The patients isolated at Howard University Hospital and Shady Grove Adventist Hospital have been determined not to have Ebola, but public health officials, including those in Maryland, remain vigilant. NEWS PG 2 WORLD CATHOLIC SYNOD OPENS: A global assembly of Roman Catholic bishops starting today is shaping up as a showdown of Pope Francis’ papacy. The synod on the family will be attended by more than 250 people, nearly all of them bishops, and also 13 married couples. NEWS PG 7 SUMMARY OF THE NEWS TODAY’S WEATHER SUNNY 60 HIGH 42 LOW Partly sunny on Monday SPORTS PG 10 H ospitalized with a frac- tured ankle and broken jaw, John Bonkowski reached for his smart- phone to find details about the man who beat him outside a parking garage near the Inner Harbor. He typed “Officer Michael McSpadden” into Google. The results stunned Bonkowski. He found references showing that the longtime Baltimore officer had been accused in three separate civil lawsuits: of kicking and stomping a woman, of breaking a man’s wrist and of beating a man unconscious with a police baton. Settlements in those lawsuits had cost city taxpayers more than $485,000. “It’s really sickening to me,” Bonkowski recalled recently, adding that he couldn’t believe McSpadden was able to stay on the police force for so long. After two surgeries, Bonkowski also sued McSpadden. In a settlement, the city agreed in April to pay Bonkowski $75,000. McSpadden is not the only Baltimore officer who has faced multiple lawsuits, forcing the city to pay hundreds of thou- sands of dollars on court judgments and settlements, a six-month Baltimore Sun investigation has found. The investigation — which has led to an inquiry by the U.S. Department of Justice — revealed that police leaders, city attorneys and other top officials were not keeping track of officers who repeatedly faced lawsuits with allegations of brutality. City lawyers did not understand the full extent of McSpadden’s string of lawsuits until this July — after The Sun started asking questions about the officer. The Law Department was unaware that McSpadden Civil wrongs Baltimore has paid more than $600,000 to settle lawsuits alleging brutality by one police officer, and a handful of others have been sued multiple times. But the city has been slow to adopt the means to identify and track these cases John Bonkowski settled a lawsuit for $75,000 with the city over allegations that he was beaten by a police officer. LLOYD FOX/BALTIMORE SUN The series Second in a series of occasional articles on alleged police brutality cases against the Baltimore City Police Department Inside Federal investigations often lead to charges NEWS PG 4 By Mark Puente | The Baltimore Sun See POLICE, page 20 SUN INVESTIGATES When Orioles catcher Matt Wieters went down for the season with an elbow injury in May, baseball savants were ready to throw dirt on the team’s chances. The three-time All-Star not only played a key position, he was a crucial part of the team leadership. The Orioles front office, led by Dan Duquette, swung into action. They traded for a veteran catcher and gave more playing time to a rookie. The pair handled pitchers well, hit more than a dozen homers combined and helped drive in more runs. Now the Orioles lead the Detroit Tigers 2-0 in the best-of-five American League Division Series, en route to what Baltimore hopes is its first World Series in more than three decades. It’s an unexpected outcome after many predicted the team would finish well behind the Boston Red Sox, Tampa Bay Rays and New York Yankees in the AL East. But to those at the Orioles Warehouse, the team’s success this year has been a carefully calculated outcome, one based on countless moves such as the ones to replace Wieters. Turns out the Orioles in uniform aren’t the only ones who function as a team. Behind the scenes, Duquette’s front office Orioles take team approach in front office, too Club relies on old-school scouts, cutting-edge stats By Jonathan Pitts The Baltimore Sun See FRONT OFFICE, page 22 In deep-blue Maryland, it’s the white Republican running for governor who has a direct message for black voters. GOP nominee Larry Hogan has can- vassed along inner-city streets and spoken to students at a historically black college in Bowie. He says his party has too often overlooked African-American voters — and argues his job-creating economic policies are just what’s needed to address the community’s high jobless rate. “Unemployment has doubled under this administration and we’ve lost 100,000 jobs,” Ho- gan told a mostly black audience at Bowie State last month. “But if you’re young, or you’re black, it’s even worse. And if you’re a young, black male, the unemployment rate is twice as high. There are serious issues out there.” Democrat Anthony G. Brown — whose election would give Maryland its first black governor — often campaigns before Afri- can-American groups, but studiously avoids talking about minority voters. He prefers a broad message of inclusion, saying his policies are designed to make life better for everyone. “Maryland needs a governor who is going to be fighting for families regardless of race, ethnicity, nationality, geography and other sorts of demographics,” Brown said when asked about his message for black voters. “We need someone who is going to fight for all Marylanders.” African-American voters make up about a quarter of the electorate in Maryland, enough to swing a contest. They tend to See MINORITIES, page 22 MARYLAND VOTES Varying messages to black voters In governor’s race, Hogan takes more direct approach while Brown remains broad By Erin Cox The Baltimore Sun Inside Brown, Hogan strongly differ on business climate BUSINESS PG 1 OFFICIAL CAR OF THE BALTIMORE RAVENS $ 2000 CASH BACK FROM TOYOTA * *$2000 CASH BACK FROM TOYOTA AVAILABLE ON NEW 2014.5 CAMRY. CUSTOMERS CAN RECEIVE CASH BACK FROM TOYOTA OR CAN APPLY TO DOWN PAYMENT. LEASE, APR AND CASH BACK OFFERS MAY NOT BE COMBINED. SEE DEALER FOR DETAILS OFFER ENDS 11/3/14. NEW 2014.5 CAMRY & CAMRY HYBRIDS

Transcript of Undue Force Civil wrongs Oct 5

Page 1: Undue Force Civil wrongs Oct 5

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Informing more than 1 million Maryland readers weekly in print and online SUNDAYPrice $2.50 ($3 out of market). Our 177th year, No. 278 October 5, 2014D

baltimoresun.com

bridge autos 2 ● lottery news 5 ● movie directory a&e 4 ● horoscopes news 23 ● obituaries news 24opinion news 26 ● puzzles comics section ● tonight on tv comics section ● books a&e 3 ● classified b&j 5

inside

MARYLAND

EBOLA ALERTS: The patients isolated atHoward University Hospital and Shady GroveAdventist Hospital have been determined not tohave Ebola, but public health officials, includingthose inMaryland, remain vigilant. NEWS PG 2

WORLD

CATHOLIC SYNOD OPENS:Aglobal assemblyof Roman Catholic bishops starting today isshaping up as a showdown of Pope Francis’papacy.Thesynodonthe familywill beattendedby more than 250 people, nearly all of thembishops, and also13married couples. NEWS PG 7

SUMMARYOF THE NEWS

TODAY’S WEATHER

SUNNY

60HIGH

42LOW

Partly sunny on Monday SPORTS PG 10

Hospitalized with a frac-tured ankle and brokenjaw, John Bonkowskireached for his smart-

phone to find details about the man whobeat him outside a parking garage near theInnerHarbor.

He typed “Officer Michael McSpadden”intoGoogle.

The results stunned Bonkowski. Hefound references showing that the longtimeBaltimore officer had been accused in threeseparate civil lawsuits: of kicking andstomping a woman, of breaking a man’swristandofbeatingamanunconsciouswitha police baton. Settlements in those lawsuitshad cost city taxpayersmore than $485,000.

“It’s really sickening to me,” Bonkowskirecalled recently, adding that he couldn’tbelieve McSpadden was able to stay on thepolice force for so long.

After two surgeries, Bonkowski also suedMcSpadden. In a settlement, the city agreedinApril to payBonkowski $75,000.

McSpadden is not the only Baltimoreofficer who has faced multiple lawsuits,forcing the city to pay hundreds of thou-sands of dollars on court judgments andsettlements, a six-month Baltimore Suninvestigation has found.

The investigation — which has led to aninquiry by the U.S. Department of Justice —revealed that police leaders, city attorneysand other top officials were not keepingtrack of officers who repeatedly facedlawsuitswith allegations of brutality.

City lawyers did not understand the fullextent of McSpadden’s string of lawsuitsuntil thisJuly—afterTheSunstartedaskingquestions about the officer. The LawDepartment was unaware that McSpadden

Civil wrongsBaltimore has paid more than $600,000 to settle lawsuits

alleging brutality by one police officer, and a handful of others

have been sued multiple times. But the city has been slow

to adopt the means to identify and track these cases

John Bonkowski settled a lawsuit for $75,000 with the city over allegations that he was beaten by a police officer.LLOYD FOX/BALTIMORE SUN

TheseriesSecond in aseries ofoccasionalarticles onalleged policebrutality casesagainst theBaltimore CityPoliceDepartment

InsideFederalinvestigationsoften lead tochargesNEWS PG 4

ByMark Puente | The Baltimore Sun

See POLICE, page 20

SUN INVESTIGATES

When Orioles catcher Matt Wieterswent down for the season with an elbowinjury inMay, baseball savants were readyto throw dirt on the team’s chances. Thethree-time All-Star not only played a keyposition, he was a crucial part of the team

leadership.The Orioles front office, led by Dan

Duquette, swung into action. They tradedfor a veteran catcher and gave moreplaying time to a rookie. The pair handledpitchers well, hit more than a dozenhomers combined and helped drive inmore runs.

Now the Orioles lead the Detroit Tigers2-0 in the best-of-five American LeagueDivisionSeries, enroute towhatBaltimorehopes is its firstWorld Series inmore thanthreedecades. It’s anunexpectedoutcome

after many predicted the team wouldfinish well behind the Boston Red Sox,TampaBayRays andNewYorkYankees intheALEast.

But to those at the Orioles Warehouse,the team’s success this year has been acarefullycalculatedoutcome,onebasedoncountless moves such as the ones toreplaceWieters.

Turns out the Orioles in uniform aren’tthe only ones who function as a team.Behind the scenes, Duquette’s front office

Orioles take team approach in front office, tooClub relies on old-schoolscouts, cutting-edge statsBy Jonathan PittsThe Baltimore Sun

See FRONT OFFICE, page 22

In deep-blue Maryland, it’s the whiteRepublican running for governorwhohas adirectmessage for black voters.

GOP nominee Larry Hogan has can-vassed along inner-city streets and spokento students at a historically black college inBowie. He says his party has too oftenoverlookedAfrican-American voters— andargues his job-creating economic policiesare just what’s needed to address thecommunity’s high jobless rate.

“Unemploymenthas doubled underthis administrationand we’ve lost100,000 jobs,” Ho-gan told a mostlyblack audience atBowie State lastmonth. “But ifyou’re young, oryou’re black, it’s

even worse. And if you’re a young, blackmale, the unemployment rate is twice ashigh. There are serious issues out there.”

Democrat Anthony G. Brown — whoseelectionwould giveMaryland its first blackgovernor — often campaigns before Afri-can-Americangroups, but studiouslyavoidstalking about minority voters. He prefers abroad message of inclusion, saying hispolicies are designed tomake life better foreveryone.

“Maryland needs a governor who isgoing to be fighting for families regardlessof race, ethnicity,nationality, geographyandother sorts of demographics,” Brown saidwhen asked about his message for blackvoters. “We need someone who is going tofight for allMarylanders.”

African-American voters make up abouta quarter of the electorate in Maryland,enough to swing a contest. They tend toSee MINORITIES, page 22

MARYLAND VOTES

Varyingmessagesto blackvotersIn governor’s race, Hogantakes more direct approachwhile Brown remains broad

By Erin CoxThe Baltimore Sun

InsideBrown, Hoganstrongly differon businessclimateBUSINESS PG 1

OFFICIAL CAR OF THE

BALTIMORE RAVENS

$2000CASH BACKFROM TOYOTA*

$*$2000 CASH BACK FROM TOYOTA AVAILABLE ON NEW 2014.5 CAMRY. CUSTOMERSCAN RECEIVE CASH BACK FROM TOYOTA OR CAN APPLY TO DOWN PAYMENT. LEASE,APR AND CASH BACK OFFERS MAY NOT BE COMBINED. SEE DEALER FOR DETAILSOFFER ENDS 11/3/14.

NEW 2014.5CAMRY & CAMRY HYBRIDS

Page 2: Undue Force Civil wrongs Oct 5

20 THE BALTIMORE SUN | NEWS | SUNDAY, OCTOBER 5, 2014 D SUN INVESTIGATES

was battling more than one lawsuit arising fromincidents in 2012. And City Hall leaders learned aboutMcSpadden’s history just two days before the Board ofEstimates agreed to settle another excessive-forcelawsuit involving him. The total cost to taxpayers forfive lawsuits:more than $624,000.

The investigation,which focusedon settlements andcourt judgments since 2011, also found that multiplecases related to allegations of assault, false arrest andfalse imprisonment have not hindered some officersfrom promotion. In one case, for example, two officerswere sued by a Baltimore man who won $175,000 in ajury trial, but they nowhave a higher rank—aproblemthat police blame in part on civil service rules.

The Baltimore Police Department, like othersaround the nation, has a policy designed to protectpeople under arrest. Part of its general orders state thatofficers are to “ensure the safety of the arrestee” whentaking people into custody. But The Sun’s investigationfound that officers do not always follow policy inreporting the use of force, making it harder for agencyleaders to detect problems.

On Friday, Police Commissioner Anthony W. Battssaid the Department of Justice would conduct a civilrights investigation into the allegations of brutality andmisconduct. He and Mayor Stephanie Rawlings-Blakesaid they requested the probe after the issue washighlighted in The Sun, but added that the problemsarose before they took charge.

City officials, who say some lawsuits against policeare frivolous, add that they are improving the systemsthat track problem officers — especially those who arerepeatedly the subject of lawsuits. And police leaderspledge that officers who have recently sustainedcomplaints of egregious behavior will be bypassedwhenever possible for promotions.

Still, some city practices, including the sparseinformation released about proposed settlements, havelimited the public’s knowledge about police mis-conduct. Insuchsettlementagreements, thecityand itspolice officers do not acknowledge any wrongdoing,and the residentswho sued are prohibited from talkingin public or to the newsmedia about the allegations.

Officials suchasCouncil PresidentBernardC. “Jack”Young and Comptroller Joan Pratt have called forchanges that would increase transparency and providemore information aboutmisconduct to the public.

David A. Harris, a University of Pittsburgh LawSchool professor and expert on police misconduct,questions the leadership of the agency. He said he wassurprised that Baltimore lacked a comprehensivetracking system like those in departments in othermajor cities. “There is no excuse for that in themodernworld,” Harris said. “That speaks to the level ofsupervision there.”

Oneofficer,many lawsuitsMcSpadden joined the force in1993.Within a couple

of years, allegations of brutality arose.In 1995, the young patrolman was accused of

dragging, stomping and kicking a handcuffed womanonRayleighAvenuenearMountCarmelCemetery.Thecourt file in the state archives shows that the woman’slawsuit was settled but doesn’t list an amount. The citycould not find financial records about the settlement.

In 1996, a manager at a heavy equipment companyaccusedMcSpadden of breaking hiswrist after officersconfronted him walking near the BroadwayMarket inFells Point. He was not arrested. A Baltimore juryawarded the man $1 million, but a judge reduced thedamages to $100,000. He appealed, and jurors in asecond trial awardedhim$335,000.

On Thanksgiving eve in 1999, McSpadden and fourother officers accused a 62-year-oldmanof kidnappinghis grandson on East Baltimore Street across fromPatterson Park. The man claimed that one officerclobberedhimintheheadwithasteelhockeypuck,andMcSpadden and the others beat him unconsciouswithbatons. The city settled the case for $152,500.

It is also unclear whether McSpadden was dis-ciplined or received counseling for those incidents.State law shields the personnel files of governmentemployees from the public, and police officialsgenerallywill not talk about individual officers.

The May 2012 incident that led to Bonkowski’sinjuries came after a concert by rapper Yo Gotti atBaltimore Soundstage. The Baltimore shipping clerk,who had been drinking, stopped his car at a gate in theWater Street garage, but he didn’t have the fee.

Hehit the gas.Thegate crumbled.WhileBonkowskiwaited at a red light, two city officers who weremoonlighting at the garage yankedhim from the car.

“Next thing I know, I’m being pummeled, beingbeaten,” Bonkowski recalled in a recent interview thatmirrored statements in his lawsuit. “I just rememberI’m face flat on the ground. I had my hands over myhead. Next thing I know I just pretty much loseconsciousness.”

Bonkowski pleaded guilty to driving under theinfluence and served a year of probation. He said hesued McSpadden and Officer Harvey Martini in thehope theywould be fired.

Incourt filings, theofficersprovidedanotherversionof events, saying Bonkowski crashed into another carand then hit McSpadden. To explain the injuries, theyalso said that Bonkowski had been assaulted by fiveunknown men at a club on East Baltimore Street.McSpadden, who is now 43, said Bonkowski hurthimself by engaging in “horseplay” outside the club.

Baltimore police would not allow its officers to beinterviewed byThe Sun about this case or others.

Annual base salaries for the officers ranged from$62,000 and $89,000.

Bonkowski — whose medical expenses and lostwages totaled nearly $46,000, according to courtrecords — admitted he triggered the incident. But he’sstill. “I ran through a parking pole,” he said. “Thatdoesn’t justify a beat down.”

Datanot trackedSince 2011, city police officers have faced 317 lawsuits

for civil rights and constitutional violations such asfalse imprisonment, assault and false arrest. The Suninvestigation showed that even though thecityhaspaidout $5.7 million on settlements and court judgmentsover that period, it lacked a system tomonitor lawsuitsagainst officers. And in almost every case, the peoplewho received settlements or won court judgmentswere cleared of any criminal charges.

Deputy Commissioner Jerry Rodriguez says thePoliceDepartment started tracking the lawsuits earlierthis year, around the same time The Sun began itsinvestigation. The datawill be combinedwith a systemthat tracksmatters suchas injuries fromarrests, citizencomplaints, use-of-force reports and administrativeinvestigations.

The agency did not enter old lawsuits into the

system, however. So several previous incidents in-volvingMcSpaddenwould not showupon a report.

The city’s LawDepartment has also lacked a systemto identify police officers who show up repeatedly inlawsuits. The city hires law firms for those cases, andCity Solicitor George Nilson says it is difficult to checkthe status of cases once they’re outside thedepartment.

Nilson said he knew the city had a problem in July.The plaintiffs in yet another lawsuit against McSpad-denmade allegations about a harrowing encounter in acity parking garage, one that occurred soon after theBonkowski incident. They also sued the garageoperator, accusing the company of negligence forallowing the officer to keep his secondary security jobat thecity-ownedgarage.Nilson then learnedabout theearlier lawsuits.

Nobody at City Hall knew McSpadden was thesubject of two concurrent lawsuits resulting from theincidents in 2012. The reason, Nilson said, was thatdifferent outside firms handled the cases.

“We kind of learned by mistake,” he said. “That wasthe first time I heard about the McSpadden issue. Wedidn’t possess that info in one place.”

McSpadden declined requests to comment.

Details obscuredOther topofficials—andthepublic—areoften in the

dark about details of alleged brutality, due to the wayproposed settlements are vetted before the cityspending board.

A two-page memo, submitted to the Board ofEstimates before a July meeting, illustrates the issue.According to a summary, Bolaji Obe of Baltimore andAkinola Adesanya of Towson said McSpadden hand-cuffed and assaulted them in theWater Street parkinggarage in June 2012. Obe said McSpadden, who wasmoonlighting inuniform, punchedhim in the face. Theofficer accused Obe of urinating in the garage and saidhe defendedhimself asObe threatenedhim.

The memo also said: “Obe jumped out of his seatwith clenched fists. In response, McSpadden contendsthat he then struck Obe on his left side of his face inorder to defendhimself.”

McSpadden provided detail in charging documents:“Mr. Obe assumed an aggressive stance, clenched hisfist and postured his body as if he was going to attackDet. McSpadden [who] was in fear for his safety andreactedwithout hesitation to prevent any bodily harm.Mr. Obe was quickly subdued by one strike of a closedfist to the left sideofhis face.Mr.Obe fell downandwashandcuffedwithout further incident.”

But the Board of Estimates memo did not includemore serious allegations contained in the lawsuitbrought byObe andAdesanya.

According to that lawsuit, the officer held Obe andAdesanya at knifepoint. McSpadden also demandedthat one of themremove a shirt towipe upurine on thefloor, andpunchedObeinthe facewhenhishandswerehandcuffed behind his back, the documents state.McSpadden wielded “a knife with a blade approxi-mately 4 or 5 inches in length … all the while makingstabbing motions toward them and also threatening to

slash the tires” on their car, the lawsuit says.Asecuritycameravideoobtained fromtheBaltimore

City Parking Authority contradicts McSpadden’s ac-count of a confrontation. On the video, Obe is broughtinto a garage office and sits on a stool. McSpaddenhandcuffs Obe’s hands behind his back, leaves andre-enters the room. Moments later, he moves behindthe still-seatedObe, to a spot out of the camera’s range.

Seconds later,Obe falls off the stool andout thedoor.He ismotionless on the floor of the garage.McSpaddenthen stands over Obe andwipes something off his face.He picksObe up and leans him against awall.

The lack of detail in Board of Estimates memos iscommon when settlements are brought before thepanel,which includes thecomptrollerandCityCouncilpresident. Summaries typically stick to chargingdocuments. If cityofficialshad looked intodetailsof thelawsuit, they would have had a clearer picture of theallegations of violence.

City Council President Young, who also called for aDepartment of Justice inquiry, questioned the trans-parency of Rawlings-Blake’s administration.

“I have a real problem with that,” Young said aboutnot being told about earlier brutality allegations andprior payouts. “They’re not telling us thewhole story.”

He added: “The question I would have asked is,‘Whatarewedoing tobringDetectiveMcSpadden in tofind outwhat is going onwith him?’ ”

Another board member agreed. “The Board ofEstimates should be made aware if it is a reoccurringofficer,” Pratt said. “The Law Department shouldinform the board of this information.”

Police officers often moonlight at bars, clubs andother businesses while in uniform. According to theirunion contract, the city agrees to defend an officer in“litigation arising out of acts within the scope of his orher employment,”which includes second jobs.

Asked why the administration didn’t tell boardmembers about brutality allegations in McSpadden’sfifth lawsuit, Rawlings-Blake told The Sun that “thecomplaint is public” record, noting that a reporterfound it.

She then deferred to deputy city solicitor DavidRalph,who said earlier lawsuitswerenot relevant. “Wedon’tmentionall theextremeallegations.Wetalkaboutthe core facts of the complaint. There’s another side tothe [allegations].”

Nilson said he offered to brief Young aboutMcSpadden a day before the board voted on the latest$62,000 settlement in July but the council presidentnever responded.

Banned frommoonlightingOthers knew about McSpadden — even though city

leaders didn’t.Shirley Merritt, senior facility manager for Central

Parking, told The Sun that the Baltimore City ParkingAuthority had banned McSpadden last year fromworking there while off duty. The garage operator,named as a defendant in the lawsuit brought by ObeandAdesanya, settled for an undisclosed amount.

During a deposition, one of Obe’s attorneys, Richard

Multiple suits for some officers

Former police officer David Reeping says that the city moves too quickly to settle some lawsuits.ALGERINA PERNA/BALTIMORE SUN

POLICE, From page 1

Officers who were suedSome Baltimore police officers have been sued several times in civil cases and the city has paid courtjudgments or settlements. Here is a summary of the cases, based on court records.Detective Michael McSpadden, 43, joined force 19932012: Bolaji Obe and Akinola Adesanya accused McSpadden of beating them in a Water Street parking garage.The city settled the lawsuit in July 2014 for $62,000.2012: After driving under the influence, John Bonkowski accused McSpadden and another officer of breakinghis wrist and ankle. The city settled the lawsuit in April 2014 for $75,000.1999: Lacey Burnette accused McSpadden and other officers of beating him unconscious during a domesticincident. The city settled the case for $152,500.1996: Robert O’Neil Jr. accused McSpadden of breaking his wrist in Fells Point. A jury awarded the man $1million, but a judge reduced it to $100,000. The man appealed; a second jury awarded him $335,000.1995: Mary Forrest accused him of dragging and stomping her while handcuffed. Court records show the casesettled, but the city could not find financial records of the settlement.Detective Daniel Hersl; 44, joined force in 19992010: Charles Faulkner said Hersl broke his jaw and nose. He later received probation before judgment for drugcharges. The man sued Hersl; the city settled the lawsuit last month for $49,000.2008: Taray Jefferson accused Hersl and another officer of breaking her arm when they searched for a drugsuspect. The city settled the case in 2009 for $50,000.2007: Lillian Parker was selling church raffle tickets; Hersl and Detective Calvin Moss accused her of sellingdrugs. She spent two days in jail, but prosecutors dropped the charges. She sued in 2010; the city settled thecase in 2012 for $100,000.Detective Calvin Moss, 46, joined force in 20042013: Marque Marshall jumped from a car and fled from Moss. The officer shot Marshall’s left hand when hetried jumping a fence. Marshall faced several charges, but prosecutors dismissed them. A civil suit is ongoing.2010: Darrel McGraw accused Moss and his partner of beating him before and after being handcuffed. A jury inthe civil case cleared Moss, but a judge found the partner liable for $7,500.2008: Adair Wiley accused Moss and his partners of strip-searching her in public and hitting her on LombardStreet. A jury ruled in favor of the officers in 2012.2007: Lillian Parker sued Moss as well as Hersl, as mentioned above.Patrolman David Reeping, 44, on force 2007-20112010: Jamal Butler accused Reeping of false arrest and false imprisonment, testifying that the officer said hewas being arrested “for being a black smart ass.” A jury awarded Butler $272,790 this year; the verdict is underappeal.2010: Sophia DeShields accused Reeping of pulling her from the back of a car and breaking her wrist. The citysettled the case in February 2014 for $24,000.2009: Frank Snell II and his friend Brian Holmes accused Reeping and two other officers of beating them whilehandcuffed on an East Baltimore Street. The city settled the lawsuit in 2011 for $47,500.

Page 3: Undue Force Civil wrongs Oct 5

21SUNDAY, OCTOBER 5, 2014 | NEWS | THE BALTIMORE SUN

Desser, quizzedMerritt about the incident captured ona garage surveillance video. She told Desser thatofficers simply filledoutapplicationsandwerehiredbythe head of security — a retired police lieutenant. Nobackground checkswere done.

Desser askedMerritt whether she would have likedto know about McSpadden’s earlier lawsuits and citysettlements. “Yes, because I would not have hired thatindividual,” she replied.

McSpadden was questioned in a February 2014deposition, but the court file contained only six of themore than 98 pages of the interview. Based on the sixpages, it’s unclearwhat accountMcSpadden provided.

Merritt said the company was concerned that Obeand Adesanya listed the firm as a defendant in theirlawsuit. She added, “We were told [McSpadden]couldn’twork heremore than a year ago.”

Policeofficials saidFriday thatMcSpaddenhadbeensuspended but could not saywhen that took effect.

Rodriguez said police officials didnot becomeawareof the discrepancy betweenMcSpadden’s police reportand the security cameravideountil after the settlementwasmade.He admitted that he did not know the videoexisted, adding, “We’re vigorously looking into it.”

Fugitive cuffedDaudi Collier’s violent encounter with two other

Baltimore officers came along Mount Street in WestBaltimore six years ago,whenhe fled fromSgt.WilliamColburn andDetective EdgardoHernandez.

Collier ran several blocks before climbing a concretewall. Colburn ordered himdown.

“I jumped downwithmy hands still up,” Collier toldjurors in 2012 as part of his lawsuit. Colburn “hit me inthe facewithhiswalkie-talkie andbustedmynose.Andthat’swhen[Hernandez]came, jumpedonmybackandthey were just stomping me and hitting me with thewalkie-talkie and just doing everything.”

Authorities refused to let him in the jail becauseblood was gushing from his nose. He went to GoodSamaritanHospital for treatment.

At the civil trial, both officers denied hittingCollier.Hernandez testified that Collier “lunged at the door

and pinned me between the car door and door jamb.”Colburn said Collier resisted arrest and got into a briefstrugglewhen being handcuffed.

But the officers and Collier didn’t know thatsomeonewaswatching fromaporch10 feet away.

Dolores Brockington, told jurors thatColburn threwCollier to the ground and handcuffed him behind hisback. “And when he was on the ground, [Colburn] hithim with a walkie-talkie,” she said, adding, “He said,‘This is for making me run after you,’ and then he hithim again.” She said she remained silent asHernandez“stuck his thumb in [Collier’s] eye.”

The jury awarded Collier $175,000. Prosecutorsdismissed criminal charges.

Colburn is nowa lieutenant,Hernandez a sergeant.

Lapses inpolicyThe Collier trial highlighted a weakness in account-

ability within the Police Department: Officers do notalways report injuries to a suspect, as required bypolicy.

At one point, Collier’s lawyer asked Colburn whysuch a report hadn’t been filed, leading to thisexchange:

“Because I was not aware that that was a part of ourgeneral orders until about two years ago,” thethen-15-year officer said.

“And youwere a sergeant at the time?”“Iwas.”Recently, The Sun informed deputy commissioner

Rodriguez and Rodney Hill, the head of the InternalAffairs Division, about that testimony. Rodriguez saidhe was surprised to learn that a longtime supervisordidn’t know the policy for injured suspects.

Rodriguez, who leads the Professional Standardsand Accountability Bureau, pointed to Hill and said,“Take the name down, andwe’ll do an investigation forneglect of duty sincewe just became aware of it.”

But misconduct has not been eliminated within theagency. In recent weeks, a video surfaced of an officerbeating aBaltimoremanonNorthAvenue inJune—anincident that triggered a lawsuit. Once the video wasmade public, city officials suspended the officer.

Hill said rooting out bad officers and bad practicestakes time, comparing the task to steering a battleship.“It’s slow. You can’t really notice it’s turning.”

Police leaders say they have little power to stopofficers from rising in the ranks if they meetrequirements on promotional tests, due to civil servicelaws. “If there are no open complaints, we are verylimited as far aswhatwe can do ...” he said.

Rodriguez said he couldn’t address how the prioradministration scrutinized officers before promotion.

Former Commissioner Frederick H. Bealefeld III,who preceded Batts, said through a spokesman that heput the community first and worked to eliminatemisconduct, but he declined to be interviewed aboutthe issues of discipline.

Inquiries by theDepartment of Justice’s Civil RightsDivision examine whether officers have a history ofdiscrimination or using force beyond standard guide-lines. They typically lead to consent decrees and yearsof court monitoring. Twenty federal probes havestarted in the past six years.

Harris, the police misconduct expert, said youngerofficers learn bad practices when supervisors aren’theld to high standards. “When that becomes the norm,the fewbad apples affect thewhole department.”

Peter Moskos, a former Baltimore officer who is anassistant professor at the John Jay College of CriminalJustice in New York, said many officers do not have astake in the community because they live outside thecity. In 2013, more than 70 percent of Baltimore’sofficers lived outside the city, records show.

He suggested one way to reduce misconductlawsuits: Pay settlements and judgments out of thepolice budget, not the city’s general fund. “That willchange the culture pretty quick,” he said.

Quick to settleOne formerofficer,DavidReeping, said thecity is too

quick tosettle lawsuits thatallegebrutality.Thecityhasspent $71,500 to settle two excessive-force lawsuitsinvolving Reeping, who spent eight months in federalprison in 2012 for accepting a bribe in a towing scandal.

Taxpayerscouldbeonthehookforanother$272,790jury verdict being appealed.

FrankSnell II, aRandallstowndentist, andhis friendBrian Holmes accused Reeping and two other officersof false arrest and assault inMay 2009.

Their lawsuit says Reeping stopped Snell for noreason at East Baltimore and Holliday streets in May2009. Snell said Reeping and two other officers forcedhim to the ground and hit him in the head, ribs andcrotch, and stepped on his handcuffed wrists andforced themetal into his back.Holmes said the officersalso pushedhim to the ground andhandcuffed him.

Neither man was charged with a crime. The citysettled the case for $47,500.

A year after that incident, SophiaDeShields accusedReeping of pulling her from the back of a car andbreaking her wrist under the Jones Falls Expressway.She went to jail for about 12 hours but did not facecharges. Reeping says DeShields fell to the groundbecause she hadhigh heels on, records show.

The city settled the case for $24,000 in February.Amonth later, a jury awarded $272,790 to a Defense

Department analyst who accused Reeping of falsearrest and false imprisonment in 2010. One fact in thiscase is different frommost other lawsuits: Jamal Butlertold jurors that Reeping did not physically assault him.

Butler testified that Reeping told him he was beingarrested “for being a black smart ass”while standing infront of Crazy John’s onEast Baltimore Street in 2010.

Butler spent time in jail, but did not face charges.Still, he testified that the arrest, which has beenexpunged, will remain in his personnel file at thePentagon and could hinder his ability to get jobs withhigher security clearances.

Reeping’s attorney appealed the verdict. JudgeWandaKeyesHeard could rule in the comingweeks.

Reeping, 44, believes his extortion conviction, notedat the trial, swayed jurors. “What other reasonwould itbe?”Reepingsaid inan interview.“Ididn’t layahandonhim. Iwas respectful to him.”

Reeping said that during his four years on the forcehewas an aggressive officerwithmany arrests.He saidit’s no secret on the street that the city quickly paysmoney to settle allegations.

Nilson and Ralph said it can be cheaper to settlecases than fight them in court. “There are bad-doersout therewho try to turn a lawful arrest into awindfallfor them,”Ralph said. “We are aware of that.”

He pointed out that the city pays out less than 1percent of what people seek in lawsuits. Damageawards against a municipality are generally capped at$200,000underMaryland law.

Four lawsuits in10yearsCalvinMosshasbeensuedat least four times inhis10

yearson the force.He targetedhot spots asamemberofthe former Violent Crimes Impact Section, a unitdisbanded in 2012 after residents complained about itsheavy-handed tactics.

“If you want to affect the crime rate, you go wherethe criminals are, and we have plenty of criminalactivity in Baltimore,”Moss told Patch.com in 2010.

The website profiled Moss in 2010 when heparticipated in amixed-martial-arts cage fight.

Lillian Parker, a longtime city cafeteria worker atLeith Walk Elementary School, was distributing raffletickets for a weekend prayer breakfast in May 2007,according toa lawsuit shebrought againstMoss,DanielHersl and unnamed officers.

She went to a friend’s home near Harford Road andDarleyAvenue.Whilewaiting, Parker, then 50, decidedtowalkupthestreet for fast food, andherphonerang infront of 1609 Normal Ave. Parker was asked to waitthere so her friend could pick up the tickets.

Unknown to Parker, a team of officers, includingMoss and Hersl, was watching that address for drugactivity.Hersl askedParkerwhy shewas there.

Sheexplained that shewaswaiting fora friend.Mossordered another officer to arrest Parker, the suit says.

Parkerwas chargedwith six drug offenses and a guncharge, and spent twodays in jail.

In charging documents, police stated that Parkertalked tomen on the porch as they sold drugs and evendirected others to the dealer. As the officers moved in,Parker yelled “police” to alert the dealers, Moss wrote.Police arrested six men and confiscated crack,marijuana, a revolver and $10,540, records show.

Prosecutors dropped the charges against her and thesix men. She sued Moss and Hersl in 2010 for battery,falsearrest and false imprisonment, settling thecase for$100,000 in June 2012. She declined to comment.

Moss, 46,was absolved in twoother lawsuits. In one,a Baltimore woman accused Moss and his partners ofstrip-searching her in public and hitting her onLombardStreet in2008; a civil jury ruled in favorof theofficers in2012.ARandallstownmanaccusedMossand

his partner of beating him before and after beinghandcuffed; a jury clearedMoss, but a judge found thepartner liable for $7,500.

He has also been sued over a January 2013 incidentnear Bel Air Road. According to court documents,Marque Marshall jumped from a car and fled fromMoss. The officer shot Marshall’s left hand when hetried jumping a fence. Marshall’s lawsuit says anotherofficer falsely told Moss that Marshall had a gun.Prosecutorsdismissedcharges, recordsshow.Thatcivilsuit is ongoing.

PatternofmisconductHersl, who has been the focus of other complaints

and lawsuits,made headlines in 2006.During a trial for three East Baltimore men accused

of being drug dealers, a judge ruled that defenseattorneys could tell jurors about dozens of complaintsfiled against officers in the case:Hersl andFrankNellis.

They had a total of 46 complaints. And though onlyone for each had been sustained, the sheer number ofaccusationsmerited judicial notice, the judge said.

“Misconduct, sometimeswhen it’s frequent enough,it indicates a lack of desire to tell the truth,” BaltimoreCircuit Judge JohnPrevas said.

Prosecutors dropped the charges against the three.In August 2007, Taray Jefferson and three of her

friends visited Joy Garden Carry Out Restaurant onHarford Road. Another woman entered, followed byHersl and a sergeant.

The officers pulled the woman outside. As thesergeant searched the trash and floor inside, Herslstood in the doorway, according to a lawsuit Jeffersonfiled.The sergeant told Jefferson, then19 years old, andher friends to get up against thewall. Jefferson pressedforanswers, but thesergeant toldHersl tohandcuffher.

Hersl grabbed her right arm; the sergeant grabbedher left armandpushed it up as high as itwould go, thelawsuit says. She pleaded for them to stop and thenheard a loud pop. She thenhit the floor.

“I told [the sergeant] he was hurting me and [Hersl]had my other arm and he punched me in my arm,”Jefferson said in a deposition.

She sustained a broken arm. Days later, Herslcharged her with resisting arrest, failure to obey anddisorderly conduct. The chargeswere later dropped.

Jefferson sued Hersl and his sergeant in 2008, andsettled for $50,000 in the following year.

InSeptember2010,Hersl saidhespottedasuspecteddrug transaction on North Wolfe Street. As officerspursuedCharles Faulkner, he fled. Another officer saidFaulkner tossed aside five plastic bags with a whitepowder substance. Hersl found Faulkner hiding on aporch, andwhenhe ran again,Hersl tackled him.

In a civil lawsuit, Faulkner saidHersl beat him in theface with his fists and a police radio. The officers thentook him to the hospital, where he was treated for abroken jaw and fractured nose.

He was charged with possession with the intent todistribute. Faulkner, who had been convicted of ahandgun offense in 2010, received probation beforejudgment on the drug charges.

He sued Hersl in August 2013. The city settled thecase lastweek for $49,000.

Police contract protectionsThesecrecysurrounding internaldisciplineofpolice

officers is not unique to Baltimore. Samuel Walker,professor emeritus of criminal justice at the UniversityofNebraskaOmaha, said the public should have accessto disciplinary records, just as sanctions againstdoctors, pharmacists and lawyers are publicized.

“Police officers are public employees,” he said. “Weought to knowwhat happens in these cases.”

Why hasn’t that happened? ‘It’s the political powerof the cops,” Walker said. “They have managed to getthese exceptions.”

The Fraternal Order of Police contract guaranteesthat thecitywill defendofficers against litigation, alongwith paying settlements and court judgments, even ifan incident arises frommoonlighting. In exchange, thecity is entitled to all court records such as depositionswhen it pays a settlement or court judgment. But,according to the contract, if an officer is acquitted, thecity can’t request files held by the attorneys, includingdepositions and photos.

(Taxpayers will not pay damages if a judge or juryfinds that an officer acted with malice — but that hasnever happened, according toNilson.)

Nilson said it’s not realistic to expect officers to paythe damages when they risk their lives, and hequestioned the level of policing that would come ifofficers lost homes orwages over suits.

But he acknowledged that he doesn’t like theguarantee about defending all officers accused ofmisconduct. “We’ve learnedto livewith it,”hesaid. “It’sthe right thing to do.”

Young would like the city to eliminate that clause inthe next contract. “I respect and appreciate the policeofficers, but we cannot protect bad officers who arecosting the citymillions of dollars,” he said.

Fraternal Order of Police President Robert Cherrysaid the city could refuse to pay in cases wheremisconduct claims are sustained. He warned thatofficersmight become fearful of doing theirwork if thecity does not back them.

The Sun requested records on misconduct lawsuitsinApril and asked aboutMcSpadden’s cases in June.

In lightofhismultiple lawsuits,Nilsonrevampedtheprocess to settle misconduct cases, adding multiplelayers of oversight this month. Nilson said that TheSun’s investigation didn’t trigger reforms.

Stafferswill start entering lawsuit information into adatabase, and outside law firms are required to notifythe city about officers’ previous lawsuits. Officersmustdisclose the cases on signed affidavits.

If officers face multiple lawsuits within six months,the same outside firmmust handle the cases.

Under the current proposal, the city pays a flat fee totwo firms — Schlachman Belsky & Weiner earnedabout $506,000 in the last fiscal year, and WhitefordTaylor & Preston received $481,000. Thurman W.Zollicoffer Jr., a former city solicitor and a partner atWhiteford Taylor & Preston, handles some trial work.Herb Weiner, who represents the police union incontract negotiations and discipline matters, managesSchlachman, Belsky&Weiner.

Another set of changes will give the Law Depart-ment’s settlement committee more information on thelawsuits. Memos to the committee will include priorlawsuits and saywhether theofficerswouldmakegoodor bad witnesses — taking into account such issues aswhether an officer has a criminal record.

Nilson vowed to provide more detailed informationto the Board of Estimates. City lawyers will also makeoneof three recommendationsoneachcase: for furthertraining, for counseling from the Legal Department, orfor no action.

If more misconduct occurs, Nilson said the settle-ment committee would bear some responsibility.“We’re on the hook,” he [email protected]/MarkPuente

A surveillance camera captured Detective MichaelMcSpadden grabbing plastic handcuffs at 2:02:31a.m. in the Water Street parking garage. In the topleft corner of the image, Bolaji Obe sits on a stoolwith his hands in front of his stomach.

At 2:04:06, the camera captures Obe with hisarms handcuffed behind his back looking outsideafter McSpadden exited the office.

At 2:05:47, the camera captures Obe lyingmotionless on the floor after falling outside thedoor. Moments later, McSpadden wipessomething off Obe’s face before picking him upand leaning him against the wall.McSpadden wrote in charging documents that hestruck Obe after he “assumed an aggressivestance, clenched his fist and postured his bodylike he was going to attack.” After hitting Obe,McSpadden said “Obe fell down and washandcuffed without further incident.”To watch the video, go to baltimoresun.com

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