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Friday, July 13, 2007

News Former Police Captain: Beating “Not Anything Excessive.”

Posted by Matt Davis on Fri, Jul 13 at 11:14 AM

A former Police Captain has told KGW news [I’d link to them, but they didn’t link to us, despite using our YouTube post as basis for their story, so I won’t] that video of an alleged beating of a man by Sheriff’s Deputies and Portland Police Officers at the Justice Center is “not anything excessive.”

Former Portland Police Captain C.W. Jensen watched the video with kgw. He viewed it as officers making sure an uncooperative, potentially violent suspect does not get loose. “What I see here is not anything excessive, they’re just trying to get him to comply,” said Jensen.
Meanwhile comments on the original post are divided:
The video surely did not match the level of the lawyer’s rhetoric (or the money she is asking for), in my personal opinion.

And as far as me being desensitized, maybe you are over-sensitized. People get punched in the face all the time. That does not make it right, but…

Orf is right, this isn’t even REMOTELY about justice, it’s all about the $$.

I might of had sympathy for Evans had he gone about this in a different way. Now, it’s just obvious he’s just another fat lazy American looking to get rich for nothing.

Legality is the key. Did anyone break the law? More importantly, does the city of Portland have a body capable to seeing to it that these cops’ actions are held under the scrutiny of the law? They are payed to protect and serve and they are to obey the law just like you and I and most others in the city do every day.
What do you think? Was the beating egregious? Or fair? Did the guy do anything to deserve it? Or not? Was he “resisting?”

Incidentally, the answer to these questions is: Yes, it was egregious. No, it wasn’t fair. No, the guy didn’t do anything to deserve it, and of course he wasn’t resisting. Still, make up your own minds…far be it for the media to try to influence public opinion. CoughKGWcoughcough.

Comments

Wow, I'm not a fan of overzealous cops but I just don't see any unnecessary use of force here. And of course the lawyer is going to ask for a high payout, money for the "victim" is money for her.

You call that a "beating"?!? The guy was knocked to the ground and restrained for a brief period of time. Yes, he had some injuries afterward. But that incident hardly qualifies as what most people would consider a BEATING.

why are all the comments supporting the cops here? from the tape, the worst thing the guy does is try to pull his arm away. he ends up covered in blood with a broken nose. the scariest part for me is when it looks like one of the gigantic cops puts his full weight on his knee on the guy's head.

i don't hate cops, but this was clearly excessive, and the pro-brutality comments are really confusing.

btw, are we allowed to refuse to give fingerprints? what are the consequences supposed to be? (when "we" badasses get booked for jaywalking, i mean.)

"pro-brutality"?!? ha! That's awesome, jaywalkin mofo. None of the posts thus far are "pro-brutality" - it just seems a bit insane to:
a. call that incident a "beating"... when I hear "beating," a lot more comes to mind than what that video really shows
b. pay that guy hundreds of thousands of our tax dollars!

You don't have to be "pro-brutality" (or even pro-police) to still want to call bullshit on this lawsuit.

What strikes me every time I view one of these "police abuse of force" videos is the physical demeanor of the officers. Everything in their body language looks aggressive. They look like caged tigers pacing around, just waiting for an excuse to maul somebody. They always look so tightly wound. I know they have a stressful and dangerous job (no one needs bother point that out for me), but it really doesn't suprise me that people having contact with the police nowadays are scared shitless. If you approach someone with the body language of a predator, don't be suprised when they get scared and try to flee. As to what happened in the video, I think it's impossible to judge because we can't hear what is being said by either Evans or the officers. That is until after they drag him away and audible chuckles and guffaws ensue from the sight of puddled blood on the floor. Good times.

Matt, presenting two viewpoints is a far cry from trying to influence public opinion. As this thread shows, your interpretation of that tape is one of many.

There's a longer response over at our blog, linked below.

-Aaron Weiss
Senior Producer
KGW

Just so nobody has to link to their website, this is what Aaron has to say:

Matt Davis at the Mercury takes us to task for trying to "influence public opinion" on the jailhouse fight/beating story. He also whines about us not linking to their YouTube video, which is just not true. There's a link in the middle of our story, and I'll give you another one here.
As for being accused of trying to influence public opinion: Our story during last night's 11 pm newscast presented two interpretations of the video. One was the opinion of the lawyers who sent the pre-lawsuit claim to Multnomah County. The county won't comment on pending litigation, so the other viewpoint came from former police officer (and former KGW reporter) C.W. Jensen. I certainly won't claim that C.W. speaks for everyone in law enforcement, but his perspective as a former officer is relevant to the story.
As Matt notes in today's follow-up, the comments on what the tape shows are far from a consensus. In our newsroom, some people thought the punches were egregious, some people thought it was not that big a deal.
At the risk of taking Matt's bait, the Mercury's original post is the one trying to influence public opinion. It's what you get when you tell a story from only one viewpoint, then tell your readers what to think. I'm not going to pass judgement on this case based on a single camera angle and a letter from a lawyer.
When our story ran last night, we encouraged viewers to make up their own minds, and I'll encourage it again here.What do you see on the tape?>>

Aaron: I won't be called whiny by someone who can't spell "judgment."

And in future if you're going to link to a YouTube post which clearly says (c)The Portland Mercury on it, I'd appreciate a quoted credit: "Courtesy of the Portland Mercury," or "A YouTube posted by the Portland Mercury" in the copy of your written story. An embedded link isn't enough.

I'm also curious to hear your judgment of the tape: do you think it's "nothing to worry about?" In which case, are we as Portlanders prepared to accept the fact that "the cops rough people up sometimes," especially people accused of "sexual assault?" And that we're okay with that?

Four punches, no resistance, blood on the floor, snickering. Come off it—don't think I'll cede you the moral high ground for a second.

Matt,

Where are you getting this "no resistance" nonsense? Its hard to tell from a video like that whether and how much a guy is resisting. To me, it looks like he is. Which, by the way, I don't blame him for since he just got punched in the face a couple times.

To me, the point of this whole imbroglio is that some people fail to understand how dangerous and violent law enforcement activities can be. That is the cost of having laws, somebody has to enforce them and it is not always going to be pretty.

The deputy should be disciplined, but that is all that should come of this. That's just the cost of doing business, so to speak, for a society like ours which actively enforces its criminal laws.

To be fair, Matt, they did clearly credit the Merc on the news yesterday, including a super on the video. I was surprised and noted it to JJ at the time, since most other media outlets seem determined not to give you guys credit, ever.

I didn't see it on the report—since their website crashed four times when I was trying to watch it, but thanks, Lynn. I appreciate it KGW! Now just stick something in the written report and i"ll be happy.

Some guy: I'm getting the "no resistance" thing from the fact that the guy is not resisting. Clearly. In the video. Watched it?

Matt: My apologies for the typo. Sorry to make you whine about that too.

We did credit the Mercury in our broadcast story last night -- I'll ask our web folks to include a more explicit credit in the online version if the three links I included in the blog post aren't enough. The whole point of the new blog we've got going is to link to sources and opinions we normally don't see in our regular online reporting.

As for my opinion of this case, I'm sorry to disappoint, but I won't be sharing it. For better or worse, KGW aims to be balanced and neutral in our reporting. That means setting my opinion aside, even in blog posts.

(I'm happy to have the "can reporting ever be neutral/balanced/unbiased/whatever-you-want-to-call-it" discussion as well, but that's probably worth a whole other thread over at OMI.)

-Aaron

Thanks for crediting us properly Aaron.

Now: If you won't share, I'm assuming you think the guy deserved it.

As for "aiming" to be objective and balanced, they say the road to hell is paved with good intentions!

For anybody who thinks this was a beating, check YouTube for the Rodney King episode. That was a beating! Hell, I've been beat up worse then this guy and I had nobody to sue dammit. (apparently, "White People" is not a valid name for a defendant)

C'mon Matt, seriously, what do you see in that video that we don't? He of course isn't flailing about but was mostly pinned down. He could have easily been resisting against the pressure of the cops holding him.

Logan, you chump. What did he do to warrant being pinned to the ground in the first place?

Ps. sorry I called you a chump. I didn't mean it.

Nothing obvious from the video, I'll give you that. But it's not like one of the cops said, "hey boys, let's take advantage of the poor recording quality and angle of the camera and beat this guy up just for fun". Something must have happened. Cops are notoriously controlled under most circumstances so I figure the guy must have been an ass to warrant a "push down".

Okay Brian Schmautz. Stop calling yourself "logan" and posting on Blogtown.

Just kidding Logan. Just kidding, Brian.

But "cops are notoriously controlled under most circumstances?"

WATCH THE VIDEO! It's not a "push down," it's a SMACKDOWN!

Wow. Are you getting a cut from this guy's ambulance-chasing attorney?

This isn't reporting the news, Matt. It's an attempt to force your personal opinion. Whether it's right or wrong, it is merely that -- an opinion. Maybe you should skip some of the name-calling and defensiveness, and just report a fair story?

Just saying...

I posted the following on KGW's blog but I don't know if it will get through their "moderation" so I'm putting it here, and on my own blog.

*****
What do I see on the tape? I see those with power using it against someone who doesn't have it. I see precious few inalienable rights being upheld or protected.

The myth that "all sides must be represented" is one of the cancers eating away at our representative democracy. It's based on a further myth that all opinions are equally valid.

Does it shock anyone that the opinions of those who have the power are going to be used to justify and validate their use and abuse of their power? It shouldn't be "news" at all, so why waste time on it? Why give the opinion of those in power any more validity or airtime than absolutely necessary? Why seek out a spokesman for the authorities - pardon me, an ex-spokesman in this case - at all? Anyone with any adult awareness at all can predict the opinion of the people who have been given the public trust.

But the idea that our leaders get equal time with the victims of the abuse of power has been promoted by... our leaders and those who benefit from their continued authority.

"Comfort the afflicted and afflict the comfortable" is a better motto for the media, who likewise have been granted a public trust, but have abandoned it in favor of pleasing those in power.

Until the media puts aside the fake balance, gives short shrift to the opinions of the power brokers, fact-checks our governments actions, and begins simply reporting who has the power, for whom is the power being used, against whom is the power being abused, and what recourse is available to those who don't have the power... our nation will continue to become a police state.

Not that I expect someone who has the power, like Mr. Aaron Weiss, to willingly and honestly report these things. Picking and choosing whose opinion gets validity by using up the precious minutes allocated by their corporate masters, while hiding their own opinions in an attempt to foil any accountability by the public, on whose behalf that trust was granted, tells me all I need to know about how KGW values that public trust.

That's an interesting point of view Brian and thanks for sharing. However, nowhere in all of that did you explain exactly how that episode qualifies as a "beat down" or "abuse" which is the core issue here.

And of course there's power being used against somebody else. That's what power is! What would you expect in that situation? A round table discussion over why the suspect should behave himself?

Don't make me listen to Lars. I'll do it I swear.

What makes it a "beat-down" or "abuse"? That's my opinion. I thought that was clear but thanks for allowing me to extend my remarks.

You've got your opinion, I've got mine, the FSOs who did the beating have theirs, the supervisors of the FSOs have theirs, the plaintiff and his lawyers have another one, the Merc staff each have theirs, Mr. Weiss has another one (which he won't share)... Who the fuck cares what anyone's opinion is? Everyone is going to see it differently, based on what they know and their own experiences.

I don't need the media to present a wide range of opinions on matters. I need the media to use the public trust they've been granted to dig out the facts of the matter, the stuff that the government agencies (which supposedly work for us, the public) can't or won't give us.

Who were the people involved in the incident? How often does this happen? What happens afterward? What were the consequences - all the consequences? And if we, the public, don't like it - what recourse do we have to make changes?

If this incident was isolated, then it may not qualify in the minds of the public as "abuse" and maybe no one will take notice. On the other hand, someone (like myself) may see this incident as part of a larger pattern, and wish to make changes.

I've been in the Booking Facility (as an employee) - I know that there are people working there who are compassionate and caring towards the people who are brought in. I also know that there are staff there that are hardened and jaded towards the accused, and there are those who don't much care either way.

Feh. Opinions? Give me a break. People's opinions are news?

What are the facts - all the facts?

Class issue: people are less compassionate toward Evans due to perception of his character or motives. However, that has nothing to do with the legality of the cops' actions, just as King's supposed character flaws had nothing to do with the legality of the (much worse) beating he took. I am incredibly saddened by the state of our society and how compliant people have become and how little we know about law and civil rights. Cival rights are here to protect all of us, especially the ones few care about.

I can remember when they were Peace Officers and not LAW ENFORCMENT, there is a differance. It effects the mind set. When Mr. Evans hit Deputy Hathaway in the nose is a mystery, Mr. Evans has his hands on his hips, Hathaway grabs him, so he Hathaway hit himself. Next I would like someone to show me in the manual on use of a tazzer where it says to aim at the face or point the aming lazor in a persons eye. If my memory is correct Abu Graib was shut down for less and the do gooders are trying to close Gitmo for far less.

i posted this on kgw i still think it applies here. hello I wasn't really sure what to say about the video except thank god I finally got to see it. Knowing him (unfortunately) he is going to wine and try to get all the attention he can. For those of you who think that this was really unprovoked well I will just keep that comment to my self and say that it was much needed his whole fit that night was over that fact he stayed up all night and day on the tenth and the eleventh in what we will just call adult sick f**kers chat. after finally going to bed at what time I cant say (it is public record go look it up)I come over and bring him and Kelley dinner did he get out of bed no he goes back to sleep and what happens next (well again I will say go look it up it is public record) so what do you get to see of that, night this video, not a "man" that threw a fit cuz he did not have dinner so he kicked the crap out of one of his girl friends. Do you see me or my son or the other abused? No brianm you don't you see you see this video where he looks to be just standing there. Brian might I ask why in the hell did you think he was there to clean the floor? So might I add, beyond my pissed of rambling, The people in power are the ones that helped me and every one you don't see in that video. the people in power gave you the right to say the dumb opinion you gave. they even gave me the right to look like an ass for knowing I cant spell and still righting this and might you think about the 11 restraining orders 2 stalking orders and god knows what else you find out after.(and trust me I did) I think to be on the safe side I would have taken him down for disobeying rather than letting him get the upper hand so might I just say up yours as a survivor of his "power"

Evans, who is still in jail, was convicted on charges including assault, a weapons charge, and 15 counts of sexual abuse. by the way brian i think you forgot this part.

Are you kidding me mea911? Ok so I know Portland is known for its libralism and that is great I am libral myself, but there are far too many of you that are bitching about this video just for the sake of bitching about the authoraties. Anyway point being mea911, what are you talking about obviously twisting his arm up? Are you blind or do you see only what you choose to see? It is obvious the officer is trying to get Mr. Evans to put arm forward and he is resisting, all he has to do is put his arm forward, but instead he struggles and creates a situation that was unnessecary. I have seen an original copy of this video and know the man personally. I can tell you, do not cry for this man. He is a stubborn ass who creates his own problems.The reality of what happend here is they asked for his fingerprints and his response to the officers was, "If you want them you're gonna have to take them from me" Which is exactly what the officers did. They weren't out of line in any way whatsoever, They did there job and they did it well. This man is a sick and twisted individual who has slipped through the legal cracks for far too many years, Just remember one thing about this guy, he was quite recently convicted of assault, harassment, and I forget the acutal name of the charge but threatening someones life with a gun... He also has 15 counts of sexual abuse pending, and let it be known the sex abuse charges, are against children! He is a sick man. Also he has 11 restraining orders placed against him and 2 stalking orders. Now yes he has a bad background and bad history, does that give the police the right to treat him badly? No, and they didn't at this point, at booking the officers had no idea he was such a sick f***, all they knew is that they picked this guy up from a house where his girlfriend was cowering in a corner crying and covered in fresh bruises. Stop saying "oh this poor poor guy". Are you seriously gonna beleive that someone who has history of violence is gonna get booked peacefully and without trying to be the bad ass he wants to beleive he is? Of course not... Like I said previously, he got away with so much in his life, why wouldn't he go down with a fight? Especially when he knows that once those fingerprints are taken he could get caught for all the crap he's pulled in his life. C'mon, don't be so naive people. The police did not use excessive force, end of story! booked peacefully and without trying to be the bad ass he wants to beleive he is? Of course not... Like I said previously, he got away with so much in his life, why wouldn't he go down with a fight? Especially when he knows that once those fingerprints are taken he could get caught for all the crap he's pulled in his life. C'mon, don't be so naive people. The police did not use excessive force, end of story!

gee i wonder who that is call me

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