October 11, 2005

Robert Davis, beaten, jailed- sober 25yrs

More shall be revealed............ Outrage over this treatment.

Civil Rights Violations, Human Rights Violations?

Irony- Mr. Robert Davis, is a recovering alcoholic beaten and jailed. Intial reports were he was an intoxicated man (very common in and around Bourbon Street) was resisting arrest, and therefore somehow deserved this bloody beating? Much is being revealed in Louisiana. New Orleans has had a long history of alcohol problems in the community, and discriminatory treatment of those persons. Detox deaths in local jails, taser sudden deaths, and now Mr. Davis is seen living out the alcoholics nightmare too often not discussed, this time on camera. What these officers didn't know, was that Mr. Davis may indeed be a "drunk" but as we know today he is a sober alcoholic in recovery for 25 plus years. Several people have contacted me, in and supporting recovery in our state, they want to rally behind Mr. Davis and support him and the thousands at risk for this treatment, having sustained like treatment, and as the data tells us too often in our jails across the state. Alcohol abuse, is often a direct sign of alcoholism/addiction, an illness more than 22 million Americans face today. Mr. Davis has opened the door for the world to see how the stigma and beliefs about addiction too often "justify" the abusive response and or denial of necessary and appropriate treatment supporting recovery.

New Orleans officers plead not guilty
Justice Department opens civil rights probe after taped beating
NEW ORLEANS, Louisiana (AP) -- Three New Orleans police officers Monday pleaded not guilty to charges of battery in the videotaped beating of a 64-year-old man, as federal officials opened a civil rights investigation into the incident.
Portions of the arrest were captured on videotape by two news organizations. CNN footage showed the man, Robert Davis, lying on a sidewalk with his head and shirt soaked in blood.
Davis, a retired teacher, was treated and released after the incident. He is scheduled to appear in court Tuesday on an array of charges, including public intoxication, battery on a police officer and resisting arrest. (
Watch raw footage of the beating -- 1:26)
His defense attorney, Joseph Bruno, told CNN his client had not "touched a drop" of alcohol Saturday night before the beating.
The three officers charged in the incident -- Lance Schilling, Robert Evangelist and S.M. Smith -- were released on bond after appearing before a judge to make their pleas.
All three have been suspended from duty without pay, and a trial was set for January.
Police Chief Warren Riley vowed to take "decisive action once we gather all the facts."
Davis is black; the three officers involved are white.
The Justice Department said Monday that a civil rights investigation had been opened in the case.
FBI agents will wor
k alongside the New Orleans Police Department's Office of Internal Affairs, said FBI spokesman Stephen Kodak.
Riley, who is black, played down the role of race in the incident.
"There is no evidence to prove this was race-related," said Riley, adding that he does not think there is a problem with race within the department.
The Police Association of New Orleans said the three officers were "upset they were suspended."
"They thought their actions were justified given the circumstances that were at hand," said union spokesman Lt. David Benelli. "They thought there should have been a full investigation before they were basically issued a summons and arraigned."

Caught on tape
In an interview with CNN, Bruno said Davis had returned to New Orleans to check on two pieces of property he owned in the city's flooded 9th Ward.
Davis was in the French Quarter Saturday and had stopped to ask a police officer on horseback about the city's curfew.
According to Bruno, a second officer approached and "apparently said some ugly things to my client. And my client said, 'I think that's unprofessional.'"
Davis then finished his conversation and began walking across the street, Bruno said.
"As he was walking across the street, he was struck from behind, and that's when the altercation began."
An Associated Press photographer captured video of the incident, which took place at 9 p.m. outside a bar in the French Quarter.
The video showed two police officers apparently trying to arrest Davis. Another officer on horseback maneuvered his horse, partially blocking the photographer's view.
But the photographer managed to get more footage, in which the officers appear to punch Davis -- including several blows to the head. His head also appeared to hit a wall.
Later in the video, four men -- two clearly uniformed police -- pushed Davis to the ground, placed him in a headlock and apparently tried to handcuff him. One can be seen hitting Davis two more times.
He said Davis is a reformed addict who has been clean for years.
"[Police] had the opportunity to take blood or do a Breathalyzer if it were a serious allegation," Bruno said. "They chose not to do this."
Bruno said they would likely file a civil suit, but under the "best" scenario his client could "break even" due to the limited nature of punitive damages under Louisiana law.

Producer manhandled
The video also showed the officer who identified himself as S.M. Smith pushing an AP television news producer on the scene and leaning him backward against a car, pointing a finger in his face.
In a profanity-laden tirade, the officer said, "I've been here for six weeks trying to keep myself alive. ... Go home."
A CNN photographer also recorded video from part the incident. Davis could be seen covered in blood, with his arms bound behind his back.
When he tried to turn from his stomach onto his back, officers several times used their feet to prevent him from turning over. He ultimately propped himself against a fire hydrant and appeared to have suffered head wounds. (
Watch video of what Davis looked like after the beating -- 2:27)
Riley emphasized that the incident needs to be investigated before final conclusions are made.
In an interview Monday with CNN, Riley said the three officers used "force that was beyond what was necessary in this incident, based on the video."
But he added, "If the evidence shows that they were following policy and procedure, we will not be taking such punitive-type action."
The incident also put an already stretched police force under further scrutiny.
Since Hurricane Katrina hit August 29, hundreds of officers have walked off the force, others have been accused of looting and some of those who remain lost nearly everything in the storm but continue to work long hours. (
Full story)
The chief added that most of the police force has conducted itself heroically since Katrina and that they will continue to do so -- an assessment that Bruno and his client agreed with.
"[Davis] does not indict the New Orleans police department. He, like the rest of us, are incredibly grateful for the heroic action that most of the officers" have done since Katrina, Bruno said.
At the same time, he said his client doesn't want to return to the city. "It scarred him."
CNN's Alina Cho, Terry Frieden, Rod Griola and Chris Strathmann contributed to this report



Find this article at: http://www.cnn.com/2005/LAW/10/10/taped.beatings

3 Comments:

David said...

The TRUTH doesn't just speak, IT SCREAMS injustice. What I find ironic is that now that the media has dicovered that Mr Davis was NOT drunk as first reports claimed, they are now trying to make a link between this inhumane beating and the troubles experienced by the police department during the storm and the resignation of the former police chief. I am sorry, I just don't see the connection?

4:18 PM  
Hopenetworks.org said...

Emily Metzgar: Concern grows about prison evacuation efforts.
October 12, 2005

State media really hasn't noticed and Louisiana's political establishment doesn't particularly want it highlighted, but there's growing concern about alleged events at Orleans Parish Prison as Hurricane Katrina came ashore. And yet, there's been more attention devoted to the plight of missing, displaced or stranded Louisiana pets than there has been to the plight of prisoners.

Human beings, even incarcerated, deserve more respect.


Late last month, Human Rights Watch accused Orleans Parish Prison corrections officers of abandoning hundreds of prisoners as Katrina hit. According to HRW, in Templeman III, one of the three buildings comprising one of the nation's largest prison complexes, "As of Aug. 29, there were no correctional officers in the building, which held more than 600 inmates. These inmates, including some who were locked in ground-floor cells, were not evacuated until Thursday, Sept. 1, four days after flood waters in the jail had reached chest-level."

Television images of prisoners, clad in orange jumpsuits, shackled at the ankles, and standing in water at the end of a submerged interstate entrance ramp were disturbing. It took news commentators time to digest what they saw. "These men are all in uniform," observed one broadcaster speculating about from where they had come and for what purpose. But the images were no mystery to anyone who drives Louisiana's highways and sees men in the same "uniforms" gathering trash. They were prisoners and there was no telling where they'd been since the storm and flooding.

HRW says, "Some inmates from Templeman III have said they saw bodies floating in the floodwaters as they were evacuated." HRW also notes several corrections officers acknowledged there was no evacuation plan for the prison. Asked about the possible fate of the prisoners, one officer said, "Ain't no tellin' what happened to those people." Indeed. According to the statement from Human Rights Watch, as of late September, there were at least 130 prisoners from Templeman III that still were unaccounted for, despite state Department of Corrections statements that all prisoners were evacuated.

Last week, Florida's St. Petersburg Times reported Orleans Sheriff Marlin Gussman's response to Human Rights Watch's statements about the prison and the treatment of the prisoners: "They're in jail, man. They lie."

They better be lying. All of them, from those held for murder to those detained for public drunkenness on Katrina Eve. But the state's track record on prisoners isn't encouraging. Louisiana has America's highest prisoner incarceration rate without accompanying rates of crime. The indigent defense system has been nationally condemned. The state's death row exoneration rate is the nation's second-highest. The system demonstrably is broken but the state lacks the political will to fix it.

Last month, when Louisiana Corrections Secretary Richard Stalder spoke about evacuated inmates he said "Some have assured me they will never be late on child support payments again." But if Human Rights Watch is right about what happened at Templeman III, some prisoners may not have survived to make those payments at all.

Emily Metzgar is a Shreveport-based freelance writer. Write to her in care of The Times, P.O. Box 30222, Shreveport, LA 71130-0222. E-mail to shreveportopinion@gannett.com.


http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20051012/OPINION0104/510120305/1058/OPINION03

4:54 PM  
Anonymous said...

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7:18 PM  

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