Saturday, April 16, 2016

Edited~The Madison Police Officer who injured Mr. Patel is not convicted, but the Madison Police Chief is? #PatelAlabama

Grandfather visiting Alabama from India stopped by police while walking, left partially paralyzed
What is wrong with this picture?  EYE am not a lawyer or a judge, and EYE don't play one in the Blogosphere, but in the words of Keith Sweat, something just ain't right about this.
A federal judge today held Madison Police Chief Larry Muncey in contempt of court.

He has been placed on paid administrative leave by Madison Mayor Troy Trulock, according to a statement released by the mayor following the hearing.
Muncey was fined $2,500 and ordered to undergo special training. The maximum penalty Muncey could have faced was six months in jail and a $5,000 fine.

Muncey and his attorney, Jerry Barclay, declined to comment after the hearing.
Muncey is the only person to be convicted in the Indian grandfather case, which stemmed from a February 2015 incident when a native of India was slammed to the ground by Madison police officer Eric Parker, who was responding to a suspicious person call.
Let's recap:
Madison police last week roughed up a 57-year-old Indian citizen who was walking on the sidewalk outside his son's home, leaving the older man temporarily paralyzed and hospitalized with fused vertebrae.
"He was just walking on the sidewalk as he does all the time," said his son, Chirag Patel, this morning. "They put him to the ground."
No crime had been committed. Madison Police on Monday issued a statement saying the department had suspended the officer and were investigating the use of force in this case. The police statement wished the man a "speedy recovery."
Judge Madeline Hughes Haikala throws out excessive force case against a police officer because "All Lives Matter"
Per the Ruling: Two juries have communicated as much after lengthy deliberations that produced thoughtful questions and, ultimately, deadlock. The Court has no reason to expect a different result in a subsequent trial given the totality of the evidence that the parties have provided. The Government has had two full and fair chances to obtain a conviction; it will not have another.
So, it's two strikes and you're out for the federal government, but one strike and you're out for the Madison Police chief?
Parker has been tried twice in federal court for violating Sureshbhai Patel's civil rights but neither jury could reach a verdict. He was eventually acquitted of the civil rights charge by U.S. District Judge Madeline Hughes Haikala, who then brought contempt charges against Muncey.
Muncey on Thursday announced he was taking a leave of absence. Now that Muncey has been placed on administrative leave, Major Jim Cooke has been named acting police chief by Trulock.

The contempt ruling from Haikala stems from Muncey's improper communication with witnesses -- all Madison police officers -- during the September 2015 civil rights trial of Officer Eric Parker.
The judge said Muncey was also wrong to assign Sgt. Lamar Anderson to observe courtroom proceedings once Muncey was no longer permitted to be in the courtroom. And Muncey was wrong in ordering officers who testified in the trial to submit reports to him on their testimony within 24 hours of the trial's conclusion, Haikala said.
Somebody help me understand what is happening here.  It seems like the wrong person is being punished.
The take down left Patel, who spoke no English, in need of spinal surgery and launched an international incident. Muncey recommended that Parker, who was charged locally with misdemeanor assault, be fired.

Haikala spoke from the bench for 30 minutes outlining Muncey's transgressions, repeatedly saying that the special prosecutor had proved their case beyond a reasonable doubt.

The judge said that while she understood the difficult position Muncey found himself in in trying to protect the police department's liability in an unusual case, he violated a clear order from the judge.
Muncey "has to trust the process," Haikala said.
With all due respect, EYE am having difficulty trusting the process myself Your Honor, Mam.

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