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Title: A Kansas man was beaten, arrested and convicted. This bodycam footage cleared his name
Source:
Kansas City Star
URL Source: http://www.kansascity.com/news/local/crime/article191200449.html
Published: Dec 22, 2017
Author: Max Londberg
Post Date: 2017-12-23 15:55:54 by Deckard
Keywords: None
Views: 2038
Comments: 35
Arthur Morris was just trying to have a smoke one night outside his Topeka home. He was incredulous when three police officers arrived on his back porch. No, he hadn’t called 911, he told them. No, neither had his neighbors to report him yelling at his partner, Jeanie Becerra, because they hadn’t been yelling at each other. (In fact, the Topeka police officers were there because of a 911 hangup, though they didn’t tell the couple that.) One officer would not be deterred. He grabbed Morris, wrestled him to the ground and later landed 13 blows to his shoulder blades and arm, newly released body camera footage reveals. “I didn’t do nothing wrong,” Morris can be heard yelling. At other junctures, he cries: “I can’t breathe. I have asthma. ... I don’t stretch that far. Please stop. ... I didn’t do nothing wrong guys. You just ... threw me down for trying to light my cigarette.” The footage, released publicly by the city for the first time this month, cleared Morris’ and Becerra’s names in the September 2014 incident. They had been convicted in Topeka municipal court on charges ranging from assaulting an officer, disobeying an officer, disturbing the peace and interfering with law enforcement. The judge vacated the sentences, and Morris was awarded a $40,000 settlement from the city of Topeka. Becerra received $10,000. The video that exonerated them wasn’t released in time to make a difference before their trial. After a judge had found both Morris and Becerra guilty on all counts, Luther Ganieany, a Topeka police legal advisor, raised concerns to the judge that the footage contradicted testimony given by officers. He requested that the judge reconsider the convictions. Officers with the Topeka Police Department knew about the contents of the video in late September 2014, more than a month before the trial, Ganieany wrote in a motion. But the department didn’t make the video available to the prosecution until just one hour before the trial “and made no indication that there was anything inconsistent with the officer’s report on the video,” Ganieany wrote. The officers had no reasonable suspicion to confront Morris at his home, he wrote. The dispatcher had called back after the 911 hangup and the person had said there was no emergency. Additionally, the defense didn’t receive copies of the footage before or during the trial. The City Attorney’s Office considered it a Brady violation — a rule that compels prosecutors to give to the defense any possibly exculpatory evidence. The prosecutor on the case was an intern with the office, Ganieany said. The intern no longer works there. “The office did some internal training on Brady requirements ... following this incident,” he added. Morris, when reached by phone this week, declined to comment. The beating and arrest were reviewed by the Shawnee County District Attorney, but none of the three officers on the scene faced any criminal repercussions, according to Ganieany. Two eventually returned to normal duty. The officer responsible for wrestling Morris to the ground and beating him later resigned from the department. Lawrence-based attorney Max Kautsch said the wrongful arrest and convictions exemplified the importance police body camera footage has in holding officers and departments accountable. “Public access to and awareness of such video is a mechanism to help ensure officers conduct themselves reasonably,” Kautsch said. “Law enforcement agencies should welcome the opportunity to disseminate such video to demonstrate the reasonableness of their officers.” A recent investigation by The Star showed that Kansas has one of the most restrictive laws on police body cameras in the country. Footage is classified as an investigative record and not subject to mandatory disclosure under the Kansas Open Records Act. The Topeka Police Department has been criticized recently by some for not publicly releasing footage of a September police shooting that killed Dominique White. Ganieany and the Lawrence Police Department, which investigated the shooting, cited officer safety and the ongoing investigation as reasons for not releasing the footage. The city of Topeka has paid more than $400,000 in settlements related to police activity since 2010, according to Ganieany. Oftentimes, such settlements include a confidentiality agreement and are not admissions of liability. The city admitted no liability in the Morris and Becerra settlements. “Unacceptable behavior is not tolerated going forward,” interim Police Chief Bill Cochran told the Topeka Capital-Journal, adding, “The expectations of professionalism and operating within guidelines of their duties as a police officer should be done correctly. And that if an individual acts outside of those grounds, that they’ll be dealt with with the appropriate action.” Near the end of the body camera video from the Morris incident, Morris is led away from his home in handcuffs. He asks where they are going. “You’re going with me,” an officer says. “OK. Where am I going?” Morris asks a second time. “Wherever I take you.”
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#1. To: Deckard, the case for anarchy (#0)
In an anarchy these troublemaker goons would have been beaten to a pulp by the neighbors, at no expense to anyone.
Not to mention that cops would only exist in order to protect the rights of individuals, not violate them. Maybe even go back to the days when "To protect and serve" actually meant something. I might take your life and dump your body in a hog pen...just for your political ideals. The rule of law might be the only reason an anarchist asshole like you still breathes. I'm the infidel... Allah warned you about. كافر المسلح
It occurred to me that not that many people with asthma step out on the porch for a cigarette. I'm not sayin' that he was a shitbird because of that apparent contradiction. I'm just sayin'.
Well, it's impossible to make any determination on this incident based on this garbage article... I was just making an observation towards the ideology of "anarchy"... some here at LF preach it.
I'm the infidel... Allah warned you about. كافر المسلح
Who/where are these posters? In the deep dark recesses of your brainless spinal cord?
Wait, what? In an ANARCHY? There's always an "-archy". It takes our kids well over a decade to mature to the point they can survive on their own. "'Archy" of some sort is necessary to get them there. I know that none of us likes to be told what to do, and we distrust government, don't like paying taxes, etc., but in our desire to REDUCE the pressures of government upon us, let's not go mad and pretend we don't need one at all.
You are the KING of the "dumb shit question" awarded. Hondope screams the word "anarchy" as he hangs himself up in his closet with a leather belt... and busts a nut, the closer he comes to death... while dreaming of having no consequences for his anarchist actions... until he hangs a little too long and ends up like David Carradine. I'm the infidel... Allah warned you about. كافر المسلح
Hondopes definition of FREEDOM is being able to do anything he desires, even at the cost of your freedom. Anarchist are the most constitutionally protected people they know. I'm the infidel... Allah warned you about. كافر المسلح
You big government lovers don't like anarchy because it gets the job done without your beloved "tax" thieving D&R party. Who will pay you if the government doesn't steal from the peons?
And yet the only thing detailed in the story is the officer "grabbed Morris, wrestled him to the ground". When did all the other shit happen?
Good point.
What's the difference if I can just kill you without consequences? I don't think you'd like anarchy if I was your neighbor. Peons? The rich are taxed at the highest percentage, snowflake. Take your antifa OWS bullshit, somewhere else, anarchist I'm the infidel... Allah warned you about. كافر المسلح
Anarchy gets the job done? WHERE? WHEN? EVER? Even a beehive or a wolfpack dies without -archy of SOME type.
Can't you enjoy the day off and wish everyone a Merry Christmas as opposed to being the daily curmudgeon that you are?
You steal from the "1% rich" so that you can stuff your face with doughnuts! You 99% New York Bernie Bros are all the same.
Charlotesville. They ran over the antifa aggressors with a car, and lived happily ever after.
Interesting. My sister calls me that. Tomorrow, I will take a one day break... and only post niceness... or I'll stfu. That's the limit to my weakness. I'm the infidel... Allah warned you about. كافر المسلح
So...in the absence of any laws, you would become a psycopathic killer? Nice set of morals ya got there sparky - no wonder you opted to become a cop. Most people in society have a moral compass - that doesn't seem to be the case with you. That's the limit to my weakness. Quite interesting that you equate niceness with weakness. I feel sorry for your family. 2) Most people in society have a moral compass - 1) I'm not the only person living in this republic. I gave an example that anyone could do. Lots of people will do anything that isn't unlawful to do. IOW's, if I could do that (not that I would), ANYONE could. Nice character smear tho. lol 2) You want to rely on "Moral compass" as what is acceptable these days? You must be sleeping under a rock for the last 100 years. We need LAWS. Period. This is Christmas... if you can't be civil on this one day... then don't post to me. I'm the infidel... Allah warned you about. كافر المسلح
Quite interesting that you equate niceness with weakness. Niceness is a weakness, and you know it. Human nature will always take advantage of your kindness... which causes a weakness and exploits your kindness. For today and today only... I will allow you to exploit me or my posts, due to a little Christmas kindness from me. After that... you'll get what sheep deserve. Tough love. lol I'm the infidel... Allah warned you about. كافر المسلح
Ever see the movie, "Road House?" I was once helped by an officer on the side of the road. His niceness didn't seem like weakness to me.
For today and today only... due to a little Christmas kindness Have a nice trip. That officers "niceness" could have got the officer dead. That's a weakness. I'm the infidel... Allah warned you about. كافر المسلح
Well, I don't like Antifa any more than you do, but you're kind of proving my point by going straight to murder as a justification for anarchy. Sure, you get to murder some savagely effeminate little punk protestors. But then Mi-13 rolls in, as a very "-archist" army, and they cut out your beating heart and feed it to your family, because when there is anarchy things do indeed go straight to murder - you got that right - but it doesn't stop with the keyboard commandoes murdering the effeminate snowflakes. It proceeds straight to the most brutal organized army of savages slaughtering their way to command of a new "archy" - with them ruling it. Take away the government and you don't get The Shire, you get the Aztecs. Don't want to govern yourself? That's fine, there are always people who want to govern you, and they'll peel your skin off in the town square to make an example to your fellow anarchists that it's time to get on your knees and hail the new archons. That's the way the world works. The European kings were civilized by religion. But they weren't all that great. I'd just as soon have a little bit of a say. I recognize that having taxes and police forces and standing armies and all sorts of limits are inevitable. The question is: what do I get out of the "-archy", and the answer is a whole hell of a lot more than I would out of a short- lived anarchy followed by the "archy" of the canniibals who took over. You do too. The anarchists of the West get an extra 40 years or so to live in which they can grouse about how much better off they would be if only they could get out from underneath the established order.
I for one think that your curmudgeoniness is your most charming personal quality. LOL
As philosophical posts go, that was a pretty good one.
I would have missed this post if it weren't for TC's comment.
Well, I think the key word is " Could ". I would say it depends on what the " niceness " or " kindness " is, and the circumstances are. Example, true story : Christmas Eve, 1969, approx 2330 hr . On routine patrol, a State Trooper found a car slid into a ditch, driver crawled out, drunk, laying in the ditch, covered in snow. The man was clutching a framed picture of a young soldier, and a telegram. The man begged the Trooper to leave him, and let him die. The picture was his 18 yr old son. The telegram, informing the man and his wife that their son had been killed in a place called Vietnam. The Trooper could easily have taken the man to the County Jail, or left him there. The man lived about a mile from there. Instead, took the keys to the car, locked it. Put the man in the back, took him to his house. The wife was quite surprised and alarmed to see SP uniforms. She thought he was going to kill himself. She was relieved when informed her husband was OK, just drunk. It took two to carry him up the steps, and put him on the couch. She put a blanket on her husband. She was given the photo, and the telegram, and keys, and told her where the car was. The wife was very grateful. She was also given sincere condolences, then left. To my knowledge the Post Commander never knew of this. I suspect he would have approved. Think what you want, but I consider that to have been sincere, heartfelt kindness !!! And in this case, I think it was appropriate !!! The man & his wife had suffered immensely ! If they are still alive, I am sure they feel that pain again every Christmas !! Si vis pacem, para bellum Rebellion to tyrants is obedience to God. Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt "If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)
The Trooper could easily have taken the man to the County Jail, or left him there. The man lived about a mile from there. Instead, took the keys to the car, locked it. Put the man in the back, took him to his house. That could never happen today, unfortunately. In 1969, cops actually upheld their oath to "protect and serve". Generally, I would agree. However, in my AO, there are a few that in this case I believe would have done the same !! Si vis pacem, para bellum Rebellion to tyrants is obedience to God. Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt "If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)
Given the same circumstances, as long as he didn't drive into someone's property (house, yard, tree, fence, mailbox or vehicle)... I'd have not arrested him either. However, due to civil liability, I'd have brought him to the local hospital and turned him over to the shrink on duty. To be examined for suicidal thoughts (a danger to himself or others) and the doctor can release him after he sobers and proves he's not suicidal... thus removing any lawsuit on my part if he should kill himself, while still drunk, after I drop him off at his house... or worse yet, he kills his family in his depressive state mixed with psyc meds and alcohol. The average SHEEP, in its new found WEAKNESS, have proven that being nice doesn't pay off after the guys WIFE sues me because he shot himself infront of the kids. I'll transfer the liability to the doctor... since I'm a MANDATED REPORTER of mental illness and child abuse. I remember when we use to unlock car doors for folk, with a slide bar, out of KINDNESS, to save a motorist the fee of calling a tow truck to do a vehicle unlock... until my department was SUED for damaging a part on the inside of the door. Then it was ... FUCK YOU, break into your car yourself. Your SHEEP PEERS have ruined "kindness" because you've made them LAZY and they don't wanna WORK... so they'll SUE YOU FOR BEING KIND. I'm the infidel... Allah warned you about. كافر المسلح
Not arresting a drunk driver, for drunk driving, isn't exactly "upholding an oath".... turd sifter.
I'm the infidel... Allah warned you about. كافر المسلح
Yeah, well. What you say makes sense. Turned out, I knew some of their neighbors. He ended up OK, except pretty depressed. ( No wonder ). The neighbors that I knew told me that he & his wife were very grateful that he had been taken home, rather than jail. The wife had huge admiration & gratitude for the Trooper. Only physical damage was his car was dented up a bit, and the ditch a bit scraped. Also, turned out the neighbor hood developed a new found respect, and high praise for SP. So, all ended well, except on Christmas Day, he and his wife had to go to the cemetery & pick out a grave. Very very sad situation. As a father myself ( now ) I just cannot fathom the pain he & his wife endured !!
Si vis pacem, para bellum Rebellion to tyrants is obedience to God. Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt "If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)
The judge vacated the sentences, and Morris was awarded a $40,000 settlement from the city of Topeka. Becerra received $10,000.
#2. To: hondo68 (#1)
In an anarchy these troublemaker goons would have been beaten to a pulp by the neighbors, at no expense to anyone.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#3. To: hondo68 (#1)
In an anarchy...
#4. To: GrandIsland (#3)
#5. To: Tooconservative (#4)
#6. To: GrandIsland (#5)
I was just making an observation towards the ideology of "anarchy"... some here at LF preach it.
#7. To: hondo68 (#1)
(Edited)
In an anarchy ...
#8. To: buckeroo (#6)
Who/where are these posters?
#9. To: Vicomte13 (#7)
I know that none of us likes to be told what to do, and we distrust government, don't like paying taxes, etc., but in our desire to REDUCE the pressures of government upon us, let's not go mad and pretend we don't need one at all.
#10. To: GrandIsland, Vicomte13, gov grifters (#9)
#11. To: Deckard (#0)
They had been convicted in Topeka municipal court on charges ranging from assaulting an officer, disobeying an officer, disturbing the peace and interfering with law enforcement.
#12. To: Tooconservative (#4)
It occurred to me that not that many people with asthma step out on the porch for a cigarette.
#13. To: hondo68 (#10)
(Edited)
Who will pay you if the government doesn't steal from the peons?
#14. To: hondo68 (#10)
You big government lovers don't like anarchy because it gets the job done without your beloved "tax" thieving D&R party.
#15. To: GrandIsland (#13)
#16. To: GrandIsland, Bernie Bros, Tax the Rich, Occupy Dunkin Donuts (#13)
The rich are taxed at the highest percentage
#17. To: Vicomte13 (#14)
(Edited)
WHERE? WHEN?
#18. To: buckeroo (#15)
curmudgeon
#19. To: GrandIsland, hondo68 (#13)
I don't think you'd like anarchy if I was your neighbor.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#20. To: GrandIsland (#18)
Tomorrow, I will take a one day break... and only post niceness... or I'll stfu.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#21. To: Deckard (#19)
1) So...in the absence of any laws, you would become a psycopathic killer?
#22. To: Deckard (#20)
#23. To: GrandIsland (#22)
Niceness is a weakness
#24. To: GrandIsland, BongIsland, Deckard (#22)
#25. To: no gnu taxes (#23)
I was once helped by an officer on the side of the road. His niceness didn't seem like weakness to me.
#26. To: hondo68 (#17)
(Edited)
Charlotesville. They ran over the antifa aggressors with a car, and lived happily ever after.
#27. To: GrandIsland, buckeroo (#18)
Tomorrow, I will take a one day break... and only post niceness... or I'll stfu.
#28. To: Vicomte13 (#26)
#29. To: Vicomte13 (#26)
(Edited)
#30. To: GrandIsland (#25)
(Edited)
" That officers "niceness" could have got the officer dead. That's a weakness. "
#31. To: Stoner (#30)
Christmas Eve, 1969, approx 2330 hr . On routine patrol, a State Trooper found a car slid into a ditch, driver crawled out, drunk, laying in the ditch, covered in snow.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#32. To: Deckard (#31)
" That could never happen today, unfortunately. "
#33. To: Stoner (#30)
(Edited)
And in this case, I think it was appropriate !!! The man & his wife had suffered immensely ! If they are still alive, I am sure they feel that pain again every Christmas !!
#34. To: Deckard (#31)
#35. To: GrandIsland (#33)
(Edited)
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