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Two police officers say they arrested a wheelchair-bound
man Jan. 2 in downtown Seattle after collecting crumbs
of crack cocaine from his lap. But in a surveillance
video released of the incident, the officers never examine
or collect anything in the suspect’s lap.
In the 22-minute video, taken by a Walgreen’s
drugstore camera at Third Avenue and Pike Street, Officer
Gregory Neubert pulls off the suspect’s sock cap,
examines it, then bends Troy Patterson flat in his wheelchair
with a hand to his throat. The attempt to force any
drugs out of Patterson’s mouth lasts four minutes
without result — a tactic that, along with the
presence of a handcuffed witness standing three feet
away, is not mentioned in either officer’s incident
report.
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Video is a worth a thousand
words: A recent showing of an arrest caught on video
reveals a different story than the one offered by
Seattle police officers. Here, a photo captures
an unrelated arrest on Capitol Hill. |
The discrepancies between the video and the police
reports put the reliability of Neubert and partner Michael
Tietjen front and center Monday in a King County Superior
Court hearing in which a judge said she sees no reason
not to order the release of internal police investigation
reports on the incident — a move that could raise
doubts in 17 other criminal cases that hinge on the
testimony of the two downtown bicycle officers.
Judge Catherine Shaffer ordered a second hearing for
prosecutors and defense lawyers to continue arguing
the matter this Friday, with no final ruling expected
before then. But the discrepancies, she said, “make
a sufficient showing of materiality” that could
affect the other cases.
Defense attorneys in at least seven cases demanded
the internal reports in late March after receiving letters
from prosecutors informing them that police were investigating
Neubert and Tietjen’s conduct in the arrest. The
investigation stemmed from a Jan. 5 complaint that Patterson
filed with the police department’s Office of Professional
Accountability, claiming that the officers roughed him
up and planted the drugs on him.
In his police report, Officer Neubert notes that he
retrieved a rock of crack from Patterson’s waist
area — an event not captured by the camera, which
Neubert’s body blocks during the chokehold. Neubert
proceeds to search Patterson’s pockets, putting
a wallet and other effects in the hood of Patterson’s
jacket with no indication of when or where he finds
any drugs.
After the search, Neubert gets on his bike and briefly
rides away from the scene. When he returns, he stands
behind Patterson, pokes him between the shoulders, then
digs around in the hood of Patterson’s jacket
for no apparent reason.
After the video’s recovery, King County dropped
the charges against Patterson, a 26-year-old with a
felony record involving firearms and drug possession.
Neubert’s 14 years on the force includes a 2001
internal investigation that cleared him and another
officer in the controversial Central District shooting
death of Aaron Roberts.
In early April, James Bible, president of the Seattle-King
County NAACP, called for a special investigation into
Neubert and Tietjen’s conduct after receiving
reports from African Americans about the officers. One
of them, Claudette Thomas, says she had been trying
to collect similar reports from community members in
2004 when Neubert arrested her son, James Pulliam. Like
Patterson, Pulliam claims Neubert planted the drugs
that put him in prison.
In a press conference April 9, police Chief Gil Kerlikowske
refuted Patterson’s claim, saying that an extensive
internal review showed the officers had done nothing
wrong — except for failing to report that they
had detained a second man at the scene. But that, say
Lisa Daugaard and other public defenders seeking the
internal investigation file, is no small omission. In
failing to identify the other man, Kareem Thomas, she
says the officers denied Patterson’s access to
a vital witness.
Daugaard represents Toby Christian, who was charged
last September with attacking police officers after
a game at Memorial Stadium — an incident that
civilian witnesses recall differently than Tietjen and
his fellow officers. Daugaard argued Monday that Tietjen’s
omissions in the Patterson case could force open a critical
door in Christian’s defense.
City attorney Ted Buck countered, however, that the
defense attorneys are asking the court to “take
a humongous leap into a bottomless cavern” of
reopening cases. If that happens, Buck told Judge Shaffer,
“You’ve thrown not just a monkey wrench
but an entire petrified forest in the wheels”
of justice.
Ramona Brandes, the public defender who represented
Patterson, says that’s something the police will
have to work out. After seeing the video, she says,
she finds it disturbing how little it matches Neubert’s
and Tietjen’s reports.
“The inconsistencies in the police report and
that video are clearly the reason why the prosecutor
dismissed the case, and these are not insignificant
differences,” Brandes says. “I believe it
directly impacts the believability of these officers.”
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