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Informing more than 1 million Maryland readers weekly in print and online SUNDAY
Price $2.50 ($3 out of market). Our 177th year, No. 271 September 28, 2014D
baltimoresun.com
bridge autos 7 ●
lottery news 14 ●
movie directory a&e 4 ●
horoscopes news 27 ●
obituaries news 28
opinion news 30 ●
puzzles comics section ●
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inside
MARYLAND
ARREST IN STABBING: Baltimore police have
arrested Nicholas Brandon Heath, 32, of the
2500 block of Windsor Road in Parkville and
charged him with first-degree murder in the
fatal stabbing of Ottobar employee Tom Malen-
ski, 35, early Friday at the Remington concert
venue. NEWS PG 2
NATION/WORLD
FOLLOW THE MONEY: The Islamic State
funds itself with robberies, extortion, seizure of
assets, ransoms and oil smuggling. The U.S.
Treasury Department has assigned a team to
track down foreign donors, crack down on
smuggling, and identify facilitators who help the
group transfer or hide its wealth. NEWS PG 21
SUMMARY OF THE NEWS
TODAY’S WEATHER
SUNNY
80HIGH
59LOW
Partly sunny on Monday SPORTS PG 11
The city has paid about $5.7 million since 2011 over lawsuits
claiming that police officers brazenly beat up alleged suspects. One
hidden cost: The perception that officers are violent can poison the
relationship between residents and police.
SUN INVESTIGATES
Undue force
OnacoldJanuary afternoon,
Jerriel Lyles parked his car
in front of the P&J Carry
Out on East Monument
Street and darted inside to
buy some food. After paying for a box of
chicken, he noticed a big guy in jeans, a
hooded sweatshirt and a baseball cap.
“What’sup?”themansaidtoLyles.Others,
alsodressedinjeansandhoodies,blockedthe
doortothestreet—makingLylesfearthathe
would be robbed. Instead, the man identified
himself as a police officer, frisked Lyles and
demanded that he sit on the greasy floor.
Lyles objected.
“The officer hit me so hard it felt like his
radio was in his hand,” Lyles testified about
the 2009 incident, after suing Detective
David Greene. “The blow was so heavy. My
eyes swelled up. Blood was dripping down
my nose and out my eye.”
TheBaltimoredetectiveofferedadifferent
version of events in court, saying that Lyles’
injuries might have resulted from poking
himself in the face. He also couldn’t say why
officers stopped Lyles, who was not charged
with any crime.
But jurors didn’t buy the officer’s explana-
tion. They ruled in Lyles’ favor, and the court
ultimately ordered the city to pay him
$200,000, the statutory limit in Maryland for
most lawsuits against a municipality.
ThebeatingLylesreceivedfromBaltimore
police officers — along with the resulting
payout from city funds — is part of a
disturbing pattern, a six-month investigation
by The Baltimore Sun has found.
Over the past four years, more than 100
people have won court judgments or settle-
ments related to allegations of brutality and
civil rights violations. Victims include a
The
series
First in a series
of occasional
articles on
alleged police
brutality cases
against the
Baltimore
City Police
Department.
Inside
Summary of
the largest
settlement
payouts
NEWS PG 23
By Mark Puente | The Baltimore Sun
SALAHUDEEN ABDUL-AZIZ
was awarded $170,000
by a jury in 2011
BARBARA FLOYD received
a $30,000 settlement in 2011
ALVIN CUFFEE
received a $40,000
settlement in 2011
JOHN BONKOWSKI received a
$75,000 settlement in 2014
ASHLEY OVERBEY, along with
Jenean Kelly, received a $63,000
settlement earlier this month
ANTHONY KEYES received
a $50,000 settlement in 2013
See POLICE, page 22
WASHINGTON — In the rare moments
when he speaks candidly about running for
president, Gov. Martin O’Malley uses
phrasessuchas“fundamentallynewer”and
“new way of leadership” to describe his
approach — language intended to highlight
the data-driven management style for
which he is widely recognized.
But it isn’t hard to read another, more
subtle message between the lines: The
young, guitar-slinging governor represents
a more youthful crop of Democrats, while
the presumed front-runner for the nomina-
tion in 2016, Hillary Clinton, might struggle
to do so.
As he winds down his final months in
Annapolis and crisscrosses the country in
anticipation of a full-scale national cam-
paign, O’Malley has delicately tried to draw
contrasts with the former first lady, senator
and secretary of state without appearing
confrontational — or even using her name.
Observers say the soft touch reflects the
treacherous path O’Malley must tread as he
tries to set himself apart from a longtime
ally. O’Malley backed Clinton in the 2008
O’Malley
edges away
from ally
Clinton
Governor tries to stand out
from the Democratic
front-runner on policy, style
By John Fritze
The Baltimore Sun
See O’MALLEY, page 7
While Baltimore County officials were
deciding whether Michael Williams was fit
to continue teaching, he was assigned to a
dusty, windowless room at a Pulaski
Highway warehouse that held old text-
books,surpluscomputersandothermateri-
als. He, along with a dozen or so employees,
sat at a long table reading detective novels
and playing Trivial Pursuit.
Sometimes they would fall asleep until
supervisors, watching from a security
camera, came in to wake them up.
Williams, who had been accused of
touching a girl on the cheek with a
yardstick, was paid his full salary plus
benefits for more than a year to show up at
the warehouse when school was in session.
At his school, Woodlawn Middle, a sub-
stitute was hired to teach his class.
“The county doesn’t move on anything
quickly. They let people sit there and rot,”
said Williams, who denies having touched
the girl. He made $67,000 a year as a
teacher.
Every year, hundreds of school system
As misconduct
cases drag on,
teachers just
wait, with pay
Accusations remove staff
from schools, cost taxpayers
By Liz Bowie
The Baltimore Sun
See TEACHERS, page 7
SUN INVESTIGATES
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15-year-old boy riding a dirt bike, a 26-year-old
pregnant accountant who had witnessed a beating, a
50-year-old woman selling church raffle tickets, a
65-year-old church deacon rolling a cigarette and an
87-year-old grandmother aiding her wounded grand-
son.
Those cases detail a frightful human toll. Officers
have battered dozens of residents who suffered broken
bones — jaws, noses, arms, legs, ankles — head trauma,
organ failure, and even death, coming during question-
able arrests. Some residents were beaten while
handcuffed; others were thrown to the pavement.
And in almost every case, prosecutors or judges
dismissed the charges against the victims — if charges
were filed at all. In an incident that drew headlines
recently, charges against a South Baltimore man were
dropped after a video showed an officer repeatedly
punching him — a beating that led the police
commissioner to say he was “shocked.”
Such beatings, in which the victims
are most often African-Americans, carry
a hefty cost. They can poison relation-
ships between police and the communi-
ty, limiting cooperation in the fight
against crime, the mayor and police
officials say. They also divert money in
the city budget — the $5.7 million in
taxpayer funds paid out since January
2011 would cover the price of a state-of-
the-artreccenterorrenovationsatmore
than 30 playgrounds. And that doesn’t
count the $5.8 million spent by the city
on legal fees to defend these claims
brought against police.
“These officers taint the whole de-
partment when they create these kinds
of issues for the city,” said City Council
President Bernard C. “Jack” Young. “I’m
tired of the lawsuits that cost the city
millions of dollars by some of these
police officers.”
City policies help to shield the scope
and impact of beatings from the public,
eventhoughMayorStephanieRawlings-
Blakeacknowledgesthatpolicebrutality
was one of the main issues broached by residents in
nine recent forums across Baltimore.
The city’s settlement agreements contain a clause
thatprohibitsinjuredresidentsfrommakinganypublic
statement — or talking to the news media — about the
incidents. And when settlements are placed on the
agenda at public meetings involving the mayor and
other top officials, the cases are described using
excerpts from police reports, with allegations of
brutality routinely omitted. State law also helps to
shield the details, by barring city officials from
discussing internal disciplinary actions against the
officers — even when a court has found them at fault.
The Rev. Jamal-Harrison Bryant, a local pastor who
hasrailedagainstpolicebrutality,wassurprisedtohear
that the city has spent millions to settle police
misconduct allegations.
“I am absolutely stunned,” said Bryant, who leads a
Northwest Baltimore mega-church. “I had no idea it
was this bad. I had no idea we had this volume in this
city.”
Among the findings of The Sun’s investigation,
which included a review of thousands of court records
and interviews with victims, along with audio and
video recordings of trials:
Since 2011, the city has been involved in 102 court
judgmentsandsettlementsrelatedtoallegationsofcivil
rightsandconstitutionalviolationssuchasassault,false
arrest and false imprisonment, making payouts that
ranged up to $500,000. (The statutory cap can be
exceeded when there are multiple claims in a lawsuit,
andifthereismalicethecapmaynotapply.)In43ofthe
lawsuits, taxpayers paid $30,000 or more. In such
settlements, the city and the officers involved do not
acknowledge any wrongdoing.
■ Many of the lawsuits stemmed from the now-
disbanded Violent Crimes Impact Section, which used
plainclothes officers to target high-crime areas. Offi-
cers frequently wrote in charging documents that they
feared for their safety and that residents received the
injuries when resisting arrest.
■ Departmentofficialssaidsomeofficerswereexoner-
atedininternalforceinvestigations,eventhoughjurors
and the city awarded thousands of dollars to battered
residents in those incidents.
■ For years, leaders in Baltimore’s Police Department,
the nation’s eighth-largest, didn’t track or monitor the
numberoflawsuitsfiledagainsteachofficer.Asaresult,
city officials were unaware that some officers were the
target of as many as five lawsuits.
The Sun’s findings include only lawsuits that have
beensettledordecidedincourt;dozensofsimilarcases
are still pending. The city has faced 317 lawsuits over
police conduct since 2011 — and recently budgeted an
additional $4.2 million for legal fees, judgments and
lawsuits, a $2.5 million increase from fiscal 2014.
“ThisisnotsomethingItakelightly,”Rawlings-Blake
said. “I’ve worked hard, very hard, to have a dialogue
with the community about how do we build trust and
send the message that law enforcement that acts
outside of the law will not be tolerated.”
Police Commissioner Anthony W. Batts, who took
over in late 2012, has publicly vowed to eliminate
misconduct among the city’s 2,800 officers. Other
police officials say the department has begun to track
such allegations more closely to punish officers in the
wrong.
“I can’t speak to what was done before, but I can
certainly tell you that’s what’s being done now, and we
won’t deviate from that,” said Deputy Commissioner
JerryRodriguez,whojoinedtheagencyinJanuary2013
to lead the new Professional Standards and Account-
ability Bureau.
Rodriguez, who once worked in Internal Affairs at
theLosAngelesPoliceDepartment,saidthemandateis
to provide policing in a professional manner that
doesn’t violate constitutional rights.
“We will not let officers get away with any
wrongdoing,” Rodriguez said. “It will not be tolerated.”
The department would not allow The Sun to
interview officers named in the lawsuits, saying that
would violate department policy. Annual base salaries
for the officers ranged from $61,000 and $67,000.
ButRobertF.Cherry,presidentofthecity’sFraternal
Order of Police lodge, cautioned that some people file
frivolouslawsuitsagainstofficerswhoworktokeepthe
city safe.
“Our officers are not brutal,” he said. “The trial
attorneys and criminal elements want to take ad-
vantage of the courts.”
The grandmother
Eighty-seven-year-old Venus Green heard the
scream while rocking on her porch on Poplar Grove
Street in West Baltimore’s Walbrook neighborhood.
“Grandma, call the ambulance. I been shot,” she
thought she heard her grandson say on that morning in
July 2007. As he lumbered closer, she spotted blood
from a wound in his leg and called 911.
The retired teacher was used to helping others.
Green had moved to Baltimore decades earlier from
South Carolina after working at R.J. Reynolds and
Westinghouse. Once here, she worked at Fort Meade
and earned two degrees at Coppin State University.
The mother of two and grandmother of seven
dedicated her career to teaching special-education
students, but couldn’t sit still in her retirement years.
Shehadtwohobbies:goingtochurchand raisingfoster
kids. Dozens of children funneled through her home.
They,likeherowngrandchildren,calledher “Grandma
Green.”
Paramedics and police responded to the emergency
call, but the white officer became hostile.
“What happened? Who shot you?” Green recalled
the officer saying to her grandson, according to an
11-page letter in which she detailed the incident for her
lawyer. Excerpts from the letter were included in her
lawsuit. “You’re lying. You know you were shot inside
that house. We ain’t going to help you because you are
lying.”
“Mister, he isn’t lying,” replied Green, who had no
criminal record. “He came from down that way
running, calling me to call the ambulance.”
The officer, who is not identified in the lawsuit,
wantedtogointothebasement,butGreendemandeda
warrant. Her grandson kept two dogs downstairs and
shefearedtheywouldattack.Theofficerunhookedthe
lock, but Green latched it.
HeshovedGreenagainstthewall.She
hit the wooden floor.
“Bitch, you ain’t no better than any of
the other old black bitches I have locked
up,” Green recalled the officer saying as
he stood over her. “He pulled me up,
pushed me in the dining room over the
couch, put his knees in my back, twisted
my arms and wrist and put handcuffs on
my hands and threw me face down on
the couch.”
After pulling Green to her feet, the
officer told her she was under arrest.
Green complained of pain.
“My neck and shoulder are hurting,”
Green told him. “Please take these
handcuffs off.”
An African-American officer then
walked into the house, saw her sobbing
andaskedthatthehandcuffsberemoved
since Green wasn’t violent.
The cuffs came off, and Green didn’t
face any charges. But a broken shoulder
tormented her for months.
“I am here because of injuries re-
ceived to my body by a police officer,” Green wrote on
stationery stamped with “wish on a star” at the bottom
of each page. “I am suffering with pain and at night I
can hardly sleep since this incident occurred.”
In June 2010, she sued the officers; an April 2012
settlement required the city to pay her $95,000.
Green died six weeks later of natural causes
The pregnant woman
Many Baltimoreans who reached similar settle-
ments declined to be interviewed about the alleged
police misconduct — with good reason.
Aclauseinthecity’sagreementsprohibitsanypublic
statement about the incident that triggered the lawsuit.
Limitations on “public statements shall include a
prohibitionindiscussinganyfactsorallegations…with
the news media” except to say the lawsuit has been
settled, it states.
Thepenaltyfortalking?Citylawyerscouldsuetoget
back as much as half or more of the settlement.
That amount is negotiated in each case, depending
on the severity of the allegations, said David Ralph,
deputy city solicitor. The amount of money involved is
shielded from the public because the clause might
never be triggered, he said, adding that in “99.9 percent
of the cases it’s never an issue.”
Such “non-disparagement” clauses are common in
legal settlements, he noted. “We don’t want to pay
taxpayers’ money and then have people saying things
that they couldn’t say in court. Some facts are hotly
disputed.”
Insuchsettlements,thecityandtheofficersinvolved
do not acknowledge any wrongdoing.
StarrBrown,anEastBaltimorewomanwhoreached
asettlementagreement,wantedtotalkaboutherarrest
— an encounter with police that left the pregnant
accountant facedown, bleeding and bruised, on the
sidewalk. (Her baby was unhurt.)
But Brown, a Morgan State University graduate, said
the clause prevented her from sharing details, so the
events of Sept.18, 2009, can only be reconstructed from
court transcripts.
Returning home with her young daughter as the sun
In 2007, 87-year-old Venus Green accused a police officer of throwing her to the ground at her West Baltimore home, shown above, and breaking her shoulder. She sued and
reached a $95,000 settlement in 2012.
ALGERINA PERNA/BALTIMORE SUN
Suits against police cost millionsPOLICE, From page 1
22 THE BALTIMORE SUN | NEWS | SUNDAY, SEPTEMBER 28, 2014
SUN INVESTIGATES
“I am here because of injuries
received to my body by a police officer.
I am suffering with pain and at night
I can hardly sleep since this
incident occurred.”
Eighty-seven-year-old Venus Green, writing of a July 2007
encounter with police for which she received a $95,000
settlement from the city
Christensen Threatt
Less
than
$30k
60
50
40
30
20
10
0
63
10 13
6 10
$30k
to
$50k
$50k
to
$100k
$100k
to
$200k
$200k
and
up
Aubrey Knox and Lena Knox reached a
$500,000 settlement in 2012 after
officers arrested them on charges of
kidnapping their grandson in 2007.
Aubrey Knox suffered serious injuries
while beaten in jail.
The estate of Edward Lamont Hunt
won a $375,000 settlement after an
officer fatally shot Hunt during a stop in
2008. A jury acquitted the officer of
involuntary manslaughter in June 2010.
Jamal Butler told a jury that an officer
called him “a black smart ass” and
arrested him in 2010. The officer denied
that and said Butler refused to leave a
downtown street. The jury awarded
Butler $272,790; it is under appeal.
Christopher Sharp and the American
Civil Liberties Union won $250,000 in a
settlement after Sharp said officers
deleted images from his phone showing
them beating a woman in 2010.
Arthur Phillips, a Baltimore City
sheriff’s deputy, said an officer
wrongfully arrested him during a
domestic incident in 2008. A jury
awarded him $600,000, but a judge
reduced it to $236,392.
Dondi Johnson’s family won a $219,057
jury verdict after Johnson died of injuries
sustained while riding unrestrained in a
police van in 2010.
Jerriel Lyles won a court judgment for
$200,000 and a settlement for $24,000
for two separate incidents. He won the
judgment after testifying that an officer
smashed his face with a police radio in
2009. Three weeks after the incident, he
said two other officers made him drop
his pants and underwear as one
searched him for drugs.
The estate of Tyrone Brown reached a
$200,000 settlement after Brown was
fatally shot by an off-duty officer in
2008 outside a nightclub. The officer is
serving a 15-year prison term for
manslaughter.
Jacqueline Allen won a $200,000
settlement after being shot in the
stomach by an officer at the Cherry Hill
light-rail stop in 2008. Allen lost her right
kidney and part of her liver.
Daudi Collier said one officer smashed
his face with a police radio and another
punched him in the eye in 2008. A jury
awarded him $175,000.
Salahudeen Abdul-Aziz testified that
two officers handcuffed him, threw him
on the ground and beat him in 2009. He
suffered a broken nose and severe
swelling around his eye. A jury awarded
him $170,000.
Wesley Williams and Shaney
Pendelton said plainclothes officers
punched, kicked and choked them in
2008 in front of their kids. They reached
a $155,000 settlement.
Darren Brown reached a $150,000
settlement after being wrongfully
accused of attempted murder in 2008.
The then-17-year-old spent six months in
jail.
Starr Brown won a $125,000
settlement after testifying that two
officers threw her to the ground and
beat her in 2009. The accountant and
then-pregnant woman had called police
to report an assault.
Latasha Calvert and Brittney Jones
reached a $110,000 settlement after a
2006 traffic stop. Calvert said she
suffered a fractured elbow and torn
ligaments in her knee. Jones fractured
her finger. Calvert was found guilty of
resisting arrest and received probation
before judgment.
Jennelle Causey and Shakita Causey
said a sergeant performed an illegal strip
search, hit them and planted drugs on
them in 2008. A jury awarded them
$105,000.
Lillian Parker, a school cafeteria worker,
reached a $100,000 settlement for
spending two days in jail after being
arrested in a drug raid in 2007. She was
walking down the street at the time.
Lornell Felder said officers beat his face
and body when he ran from them in
2009. The officers mistakenly thought
he was rolling a marijuana joint. City
Solicitor George Nilson described Felder
as a “citizen with a totally clean record
over many years, a church deacon and a
pillar of his community.” He won a
$100,000 settlement.
Venus Green said an officer threw her to
the ground, breaking her shoulder in
2009. Green, 87, had called police to
report that her grandson had been shot.
The city paid her $95,000.
Donte Harris said an officer patted him
down, unzipped his pants and fondled
his genitals during a loitering stop in
2009. The city paid him $95,000.
Ira Todd won a $90,000 settlement
after he said an officer kicked and
stomped him, breaking his wrist in a
2009 arrest.
John Bonkowski said officers broke his
ankle and jaw after he drove through a
gate at a parking garage in 2012. He
settled the case for $75,000 and
pleaded guilty to driving while
intoxicated.
David Harris said officers falsely
arrested him in 2009 after a robbery
victim identified another man as a
suspect. The city paid him $75,000.
Antwan Bryant said an officer broke his
leg by driving over him with a car in
2008; a jury awarded Bryant’s estate
$75,000. He died in an unrelated
incident.
Milton McLean and Tyrode Gibbs Sr.
said officers kicked and stomped them
in 2009 as Gibbs held his 2-year-old son.
Gibbs suffered fractured ribs and the
child suffered facial cuts. The city paid
them $70,000.
Terrell Perkins said officers beat him
while he was being questioned about a
robbery where he worked in 2007. The
city paid him $67,500.
Ashley Overbey and Jenean Kelly
reached a $63,000 settlement this
month. Overbey said officers pinned her
down and repeatedly hit her in the face
after she reported a robbery in her
apartment in 2012. Kelly said an officer
grabbed her head and banged it into a
police van.
James Clay, a well-known barber, said
officers broke his arm in a traffic stop in
2009. The city paid him $63,000.
Bolaji Obe and Akinola Adesanya said
an officer pulled a knife on them and
threatened to stab them in a parking
garage in 2012. Obe also said the officer
punched him in the face while his hands
were cuffed behind his back. They
settled the case for $62,000 in July.
Jonathan Hunt said officers broke his
leg and collarbone and cracked three
ribs in a 2009 traffic stop. The city paid
him $60,000. He pleaded guilty to
fleeing and eluding police.
Alberto Mojica said officers beat him in
2008 after an off-duty officer shot and
killed a fellow officer outside a nightclub.
He settled the case for $50,000.
Anthony Keyes said officers beat him
when he entered a home to sell a car in
2011. He won a $50,000 settlement.
Ericka Ury, the mother of
then-15-year-old Jyrel Washington, said
plainclothes officers broke her son’s
nose in 2009. Ury settled for $49,500.
Charles Faulkner accused an officer of
punching him in the face and breaking
his jaw with a police radio in 2010. He
settled the case recently for $49,000.
Brian Holmes and Frank Snell II, a
Randallstown dentist, said officers beat
them during a late-night stop on East
Baltimore Street in 2009. The city
settled the case for $47,500.
Rodney Hueston won a $45,000
settlement after he said two officers
broke his arm in a downtown restaurant
in 2009.
Deon Johnson said an officer drove into
him while he was sitting on a dirt bike in
2009. The city paid him $42,500.
Alex Dickson said a beating by officers
left him with a broken nose, fractured
ribs, bruised kidneys and other injuries
when they served a protective order in
2010. He spent four weeks in the
hospital. The city paid him $40,000.
Alvin Cuffee said an officer choked him
with a nightstick as others beat him in
the head outside a nightclub in 2009.
The city paid him $40,000.
Joseph Forrest reached a $35,000
settlement after being jailed without bail
for six months. He was accused of trying
to disarm an officer during a dispute in
which a relative was fatally shot by
police in 2009.
Michael Wright said an officer pulled
him from a car, stomped his head and
broke his wrist in 2009. He settled for
$30,000.
Christensen Threatt said officers
stomped and kicked him during a
domestic incident in 2009. The city paid
him $30,000.
Barbara Floyd won a $30,000
settlement after saying a detective
threw her to the street and ground her
face into the concrete in 2009.
Sources: Charging documents, court
records, interviews and Sun archives
$5.7 million in settlements and judgments paid
Baltimore has paid $5.7 million since January 2011for settlements and court judgments in lawsuits accusing city police officers of false arrests, false imprisonment and excessive
force. Virtually all of the people who won large awards were cleared of criminal charges. In the settlements, the city and officers did not acknowledge any wrongdoing. Here are
summaries of the largest payouts:
Aubrey Knox
Daudi Collier
Latasha Calvert
Donte Harris
Lena Knox
Wesley Williams
Jennelle Causey
David Harris
Jacqueline Allen
Starr Brown
Lillian Parker
Jerriel Lyles
Shaney Pendelton
Shakita Causey
Tyrode Gibbs Sr.
23SUNDAY, SEPTEMBER 28, 2014 | NEWS | THE BALTIMORE SUN
SUN INVESTIGATES
criminal record, testified. “He’s like, ‘You’re getting
arrested. You’re coming with me.’ ”
“Theyslammedmedownonmyface,”Brownadded,
her voice cracking. “The skin was gone on my face. ...
“I was tossed like a rag doll. He had his knee on my
back and neck. She had her knee on my back trying to
put handcuffs on me.”
The officers arrested her for obstruction, disorderly
conduct, resisting arrest and assault. She fought the
charges in District Court in March 2010.
The officers minimized the incident and Brown’s
injuries, telling the judge that her screams drew a
crowd and she refused to go back into her house.
Crisafulli said Brown hit the ground after letting go of
the railing.
“It was like a sling shot,” Crisafulli testified. “The
resistance stopped. We all fell off the porch.”
Brown then kicked and flailed, Crisafulli added,
noting that bystanders told the officers that Brown was
pregnant. Crisafulli said Brown scratched her with
set, Brown was on the front steps of her brick house
when she spotted two girls walking along North
Luzerne Avenue.
Suddenly, a group of about 20 girls came from the
other direction and attacked the two girls.
Brown, who went into her house to avoid the
fighting, watched the beating through a window. Other
neighbors called 911, but by the time officers Karen
Crisafulli and Andrew Galletti arrived, the attackers
had fled.
Brown, who was then 26, could hear the officers
yelling at the victims and came outside to urge the
officers to chase the girls who had fled. An argument
started, and Galletti lunged at her, she later testified in
court.
Shegrabbedtheironrailing,butGallettiwrappedhis
arm around her neck. She said she screamed that she
was pregnant, but Galletti responded, “[We] hear it all
the time.”
“He comes and grabs my arms,” Brown, who had no
fingernails;GallettisaidBrownbithisarmandknuckle.
But the testimony of two witnesses confirmed
Brown’s version of events.
“Mrs. Brown was standing up in her doorway,” said
neighborRubyLee.“Theythrewhertotheground,and
[Galletti] put his knee in her back.”
The judge acquitted Brown of all criminal charges.
She sued in April 2010 and settled the case in March
2011for $125,000.
Violent Crimes Impact
Scandals have plagued Baltimore’s Police Depart-
mentinrecentyears.Sixteenofficerswereconvictedin
akickbackschemewithatowingcompany,andanother
was convicted of selling heroin from the Northwest
District police station’s parking lot.
When Rawlings-Blake hired Batts in 2012, the mayor
talked about Baltimore becoming “the safest big city in
America.” Batts earned a reputation of building
Jenean Kelly Bolaji Obe Charles Faulkner Rodney Hueston
Joseph ForrestAlex Dickson
Terrell Perkins
43renovated
playgrounds
124new police
officers
72resurfaced
basketball courts
Better uses for taxpayer funds
Since 2011, Baltimore City has paid $5,765,065 in settlements and court judg-
ments for cases alleging police misconduct. Here’s what that could buy:
Payout breakdown
Payouts from settlements and court
judgments since 2011:
These booking
photos and those
on the front page
from the Baltimore
Police Department
Jurors awarded Lyles $500,000 for the incident at
the carryout, but the judge reduced it to $200,000 to
comply with a state law that caps damages in suits
against municipalities.
The city also paid Lyles $24,000 to settle a separate
lawsuit related to the street search.
Today, Lyles, who served probation for credit card
theft in1999, is reluctant to talk about the civil trial.
“I’m afraid of the police,” he said. “I want to speak
out, but it could be dangerous. These people are
dangerous. Internal Affairs is not like they say they are.
I complained. They said it was unsustained.”
Rodney Hill, who took over the Internal Affairs
Division in May 2013, confirmed that Lyles’ complaint
was not sustained — meaning investigators could not
prove it was true. Police said Southard left the force in
May 2012, but would not say whether it was related to
Lyles’ case, noting that state law prohibits the
disclosure of personnel matters. Police would not say
whether the other officers were disciplined.
‘We have to fire them’
Civil rights abuses can tarnish a police department’s
image in any city, experts say. Strained relationships
makeitdifficultforofficerstogaintrustonthestreets—
from getting tips to solving crimes to winning taxpayer
support to hire more officers.
“Allofthosethingsareputinjeopardy,”saidDavidA.
community engagement during his 30 years of leading
departments on the West Coast.
ButriddingtheBaltimoreagencyofmisconductmay
not be easy. The agency’s strategic plan, released late
last year, said discipline “has not always been a priority
for the Baltimore Police Department,” and it has been
common “for cases in this department to take as many
as three years to resolve.” A more recent consultant’s
report on the Internal Affairs Division said detectives
lack training and often take shortcuts when in-
vestigating officers suspected of misconduct.
Many complaints have focused on the Violent
Crimes Impact Section, which had more than 260
officers in 2012. City Council members and community
activists said those officers used heavy-handed tactics
and had no accountability.
In addition to the allegations of excessive force,
officersintheunitwereaccusedbyprosecutorsoflying
on a search warrant and working to protect a drug
dealer in order to make arrests. One received six
monthsofhomedetention;theother wenttoprisonfor
eight years for protecting the drug dealer.
Three other members were charged in 2010 with
kidnapping two city teens and leaving one in a Howard
County state park without shoes, socks or his
cellphone. A jury acquitted two officers of assault,
kidnapping and false imprisonment but convicted
them of misconduct.
In September 2012, the unit sparked outrage when a
detective threw Anthony Anderson, 46, to the ground
during a drug arrest. Anderson’s spleen ruptured, and
he died a short time later.
The state medical examiner’s office said the death
was a homicide caused by blunt force trauma. But
Baltimore State’s Attorney Gregg Bernstein declined to
bring charges, ruling that the officers did not use
excessive force and followed police guidelines. The
family filed a federal lawsuit, alleging that three
detectives kicked Anderson for several minutes; the
case is ongoing.
Batts disbanded the Violent Crimes Impact Section
in December 2012 in response to complaints and
created the Special Enforcement Section to address
spikesinseriouscrimes.Theunithasabout130officers.
The name change brought a new direction, Rodri-
guez said. New leaders have been appointed and
officers are wearing uniforms that iden-
tify them as police.
“It’snotjustaphilosophicalandname
change,”hesaid.“Whatisacceptablehas
changed.”
Still, misconduct persists.
This year, other officers have been
accused of killing a dog while off-duty in
February and of an attempted homicide
in April. An officer went to jail in April
for 45 days for beating a drug suspect
who had broken into the officer’s
girlfriend’s home. Another officer was
arrested in June and charged with
slitting a Shar-Pei’s throat while on duty;
he has pleaded not guilty.
After the carryout
The Violent Crimes Impact Section
detectives who testified in Lyles’ lawsuit
— which accused police of hitting him at the P&J Carry
Out in East Baltimore — appeared confident on the
witness stand as Domenic Iamele, Lyles’ attorney,
pressed for answers on the injuries.
Detective Greene told jurors Lyles became hostile in
the carryout and tried walking away. Lyles lifted his
hands up as Greene tried to stop him, the officer said.
“Did Mr. Lyles touch his face?” Iamele asked.
“I don’t know if Mr. Lyles touched his face,” Greene
replied,notingthatheblinkedandcouldhavemissedit.
He suggested Lyles injured himself. “That’s the only
thing that could’ve happened. I don’t know how he
broke the bridge of his nose.”
“You didn’t punch him in the nose?”
“No, sir.”
Sgt. Michael Guzman told jurors he didn’t recall
being in the store or seeing anything suspicious.
Lyles then told jurors about another incident: Three
weeks after his nose was broken, Lt. Christopher
Nyberg and Detective Paul Southard stopped him near
his apartment on Moravia Park Road.
The officers ordered Lyles to drop his pants and
underwear. He did. They told him to squat and cough.
He did — out of fear. Lyles testified that an officer then
searched his genitals for drugs and rammed a gloved
finger in his rectum.
He told jurors the incident wasn’t a “coincidence.”
Hebelievedtheofficerswereretaliatingbecausehehad
complained about his broken nose.
Harris, an expert at the University of Pittsburgh Law
School on police misconduct and accountability.
“People will tend to view [police] as illegitimate. This is
a real problem for police departments.”
Good, solid policing requires mutual respect be-
tween officers and residents, he added.
Rawlings-Blake acknowledged the importance of
that relationship in an interview about the costly
settlements. “It is a sacred covenant that each officer
makes with members of the community, and when it’s
broken, it’s devastating for not just the victim, but it’s
devastating for our ability to move forward as a city.”
She said the relationship between the community
and police has improved since Batts was hired, noting
that residents are providing more tips to Crime
Stoppers and making fewer complaints
about discourteous officers.
But more than a dozen bystanders
who were named in court records or
who testified in court declined to talk to
The Sun about the arrests and alterca-
tions that they witnessed — saying, like
Lyles, that they feared retaliation from
police.
City Councilman Brandon Scott, vice
chairman of the council’s Public Safety
Committee, said police leaders need to
cleanse the force of bad officers.
“We have to expedite the process,”
Scott said. “We have to fire them. We
can’t afford to keep paying these settle-
ments. These folks that are beating
people have to go.”
The Sun’s findings come as the
nation’s attention has been focused on a
white officer’s shooting of an unarmed
black teenager in Ferguson, Mo. — an incident that
triggered days of violent protests. The officer said he
acted in self-defense, but many area residents saw the
shooting as a symptom of racially biased policing.
The shooting triggered a nationwide debate on the
useofforcebypolice,andU.S.AttorneyGeneralEricH.
Holder Jr. announced an investigation of the town’s
police department. Published reports noted that five
current and one former member of the 53-officer
agency faced pending federal lawsuits that claimed
they used excessive force.
Such broad inquiries by the Department of Justice’s
civil rights division examine whether officers have a
history of discrimination or using force beyond
standard guidelines. They typically lead to consent
decrees and years of court monitoring. Twenty federal
probes have started in the past six years, in cities that
include Cleveland, New Orleans and Portland.
Attorney A. Dwight Pettit questions why the
Department of Justice hasn’t opened an investigation
into the Baltimore Police Department.
He has filed scores of lawsuits against officers, and
his office gets dozens of calls each week from people
alleging police abuse. He says he only takes the cases in
which injuries are visible.
“It’s absolutely called for,” Pettit said, noting the long
list of settlements and court judgments involving city
police. “Baltimore City is so much out of control, the
Police Department, in my opinion, warrants federal
intervention and investigation.”
24 THE BALTIMORE SUN | NEWS | SUNDAY, SEPTEMBER 28, 2014
SUN INVESTIGATES
“Baltimore City is so much out
of control, the Police Department,
in my opinion, warrants federal
intervention and investigation.”
Attorney A. Dwight Pettit
Barbara Floyd, above, gazes out her window at the spot on North Montford Avenue where she says a detective ground her face into the concrete in 2009. She reached a $30,000
settlement in 2011. Below, Floyd holds a picture of her forehead injuries that match a hole in the pavement.
ALGERINA PERNA/BALTIMORE SUN PHOTOS
AT BALTIMORESUN.COM
■ View a video of Barbara Floyd and Salahudeen
Abdul-Aziz talking about their encounters with
city police officers
■ View a visualization comparing how the most
expensive settlements and court judgments since
2011 — all $30,000 or more — have been
distributed, by time and by value
Face down on concrete
Five years after an incident that left her injured,
Barbara Floyd still wonders what happened to the
officer she said attacked her.
“I believe in justice,” Floyd said, recounting a
confrontation with undercover officers who were
making a drug sweep in her McElderry Park neigh-
borhood. “That’s what I believe in. I don’t think people
should be treated like animals — even guilty ones. But I
was an innocent one.”
On a Tuesday afternoon in March 2009, Floyd
spottedacrowdofofficersandbystandersupthestreet,
her lawsuit stated. She then heard a detective threaten
to fire a stun gun at her 20-year-old grandson.
Floyd,whowas58atthetimeandwithoutacriminal
record, climbed down the four steps of her gray brick
rowhouse to usher her grandson away from the drug
operation.
After being told to leave, she said she walked home
and leaned on a tree. Someone suddenly wrapped an
arm around her neck and threw her to the ground.
“I was struggling ’cause I didn’t know who it was,”
Floyd recalled in an interview that mirrored her
descriptionsincourtrecords.“Hewastryingtograbmy
arms.Heputhiskneeonmyneck.Heputanotherlegin
the small of my back. He was grinding my face to the
pavement.”
Though she was face down on the
sidewalk, she heard Detective Joseph
Grossman, a member of the Violent
Crimes Impact Section, scream at her to
lie down.
Floyd, who is 4-foot-11 and 107 pounds,
couldn’t breathe with Grossman on her
back. A struggle ensued and Floyd tried
standing, but Grossman kept her down
while handcuffing her.
Her vision faded.
“After that I thought I was gonna die
because I had tunnel vision,” she said in
the interview, fighting back tears. “Every-
thing had gotten dark, dark and black.”
When the altercation ended, Floyd had
gashes on her forehead, face and knees.
Paramedics treated her before she was
taken to jail.
But because her blood pressure topped
200, jailers declined to admit her to the
Central Booking and Intake Facility, according to court
records. Medics rushed her to Mercy Hospital.
After she was released from the hospital, Grossman
charged her with resisting arrest and obstruction.
In charging documents, he gave a different account
of the incident, accusing Floyd of stepping between
officers and her grandson. When officers ordered the
grandson to leave, he refused. Floyd then “adopted a
hostile and aggressive posture” and tried to pull him
away, Grossman wrote. Officers then tried to arrest her,
but she tried breaking away and fell face-first to the
ground. When officers handcuffed Floyd, she scraped
“her forehead on the sidewalk, causing a minor
laceration.”
Floyd soon received a letter from Internal Affairs
stating that Grossman and another officer were being
investigated for misconduct.
Still, Floyd was ashamed to go outside after the
melee.
“My face was a mess,” she recalled, her voice
droppingasshestaredatthestreetfromakitchenchair.
“My hair was gone on that side. I was bruised up. Not
only my face, my arms, my legs. My whole body was
sore.”
She is still upset that officers ignored her questions
that day. “All they do is tell you to shut the hell up.”
Floyd, who reached a $30,000 settlement in 2011,
initially declined to discuss her case when The Sun
contacted her in May. The next day, she changed her
mind and agreed to an interview, even though she fears
retaliation from police and city lawyers for speaking
out, and has moved out of the city.
Hill, the Internal Affairs chief, said her complaint
against Grossman was not sustained. Grossman left the
force in July 2012, but officials declined to say why,
noting the legal restrictions on releasing personnel
records to the public. He joined the Baltimore County
Police Department the same month; that agency would
not make him available for comment.
Complaints and awards
Although the city’s settlements and judgments have
totaled $5.7 million since 2011, a state law may have
saved Baltimore taxpayers millions of dollars. The
Local Government Tort Claims Act caps damages
against local governments at $200,000 per claim.
Taxpayers in other cities aren’t as lucky. Cleveland
and Dallas have paid between $500,000 and more than
$1million to settle individual police misconduct cases.
The Dallas Police Department has paid $6.6 million
in 26 settlements and judgments since 2011; the
Miami-Dade County department paid $1.8 million over
that period in an unspecified number of cases. Both
agencies are similar in size to Baltimore’s.
In addition to the settlements and jury awards,
Baltimore has paid $5.8 million to outside law firms to
defend those lawsuits and others since July 2010.
Accordingtocitypolicy,officialsareboundtodefend
officers as long as they follow departmental guidelines
when using force to make arrests. An agreement
between the city and the police union guarantees that
taxpayers will pay court damages in such cases.
Although police officials declined to release individ-
ual personnel records, they did discuss the issue in
broad terms, saying that from 2012 through July, the
department received 3,048 misconduct complaints
against officers. Of those, officials sustained 1,203
complaints — 39 percent — meaning investigators
could prove the claims were true.
That led to 61 resignations and discipline for more
than 850 officers, measures ranging from written
reprimands to suspensions.
But in some cases that resulted in settlements or
judgments,officerswerenotdisciplinedevenafterthey
were found liable in court.
Cherry, the union president, said it would be unfair
to discipline officers if they were cleared in internal
investigations. He stressed that nobody can predict
how a jury will decide cases.
“The [officers] who get the most complaints are the
ones who are doing their work,” he said. “These may be
some of the best officers.”
Broken nose, facial fracture
Salahudeen Abdul-Aziz was awarded $170,000 in
2011 by a Baltimore jury as compensation for a beating
by police in West Baltimore’s Upton area. But he
remains haunted by the incident and fears the police.
The nightmare began on a warm day in September
2009 as he walked out of a corner store and headed
toward Westwood Street, sipping on a cold soda and
munching on potato chips.
Abdul-Aziz, then 24, was hurrying back to his aunt’s
air-conditioned home. On the way, he joined up with a
neighborhood acquaintance.
Officers Robert Stokes and Marvin Gross spotted
them leave an alley in a well-known drug area,
according to charging documents. As the officers
neared, the man with Abdul-Aziz tossed a glass vial
with white powder.
Abdul-Aziz was questioned, handcuffed and put in
the back of a cruiser as officers quizzed the other man
onthecurb.AsAbdul-Azizwriggledhishands,tryingto
adjust his wristwatch, he was yanked out of the car.
The officers slammed him onto the ground and
started punching him in the face, two witnesses
testified at a 2011 civil trial over police misconduct
allegations. One witness said the officers switched
positions “probably six times” during the beating, as
Gross “hit him five or six times with his fist.”
Abdul-Aziz was helpless. “I was unable to do
anything. I was handcuffed,” he testified.
Hedescribedabrokennoseandfacialfracture,along
with severe swelling and a hemorrhage in his right eye
— injuries that took more than three weeks to heal.
“What was your state of mind that day?” his lawyer
asked.
Abdul-Aziz replied, “I thought I was gonna die that
day.”
Gross’ account of the incident was different. He said
he saw Abdul-Aziz, hands cuffed behind his back,
wigglearoundinthecruiser.GrossthoughtAbdul-Aziz
was hiding drugs, so he pulled him from the car and
told him to open his hands. But Abdul-Aziz tried to
head-butt Gross and run, the officer testified.
The officers said they feared for their safety and
tackled Abdul-Aziz.
Abdul-Aziz tried to get up, but the officers ordered
himtostop.GrossplacedaforearmacrossAbdul-Aziz’s
chest and Stokes pinned his legs to the ground, Gross
said, adding: “He just refused to stay still.”
“What was Mr. Abdul-Aziz doing that was illegal?”
Abdul-Aziz’s lawyer asked.
“He wasn’t doing anything,” Gross replied. “That’s
why I conducted a field interview.”
Stokes told jurors he didn’t hit Abdul-Aziz. “I didn’t
really do anything except hold his legs down,” Stokes
said, adding that he didn’t see Abdul-Aziz do anything
illegal before the stop.
Abdul-Aziz was vindicated by the court system.
After a two-day civil trial in February 2011, jurors
awarded him damages. And a judge dismissed criminal
charges of resisting arrest, assault, drug possession and
disorderly conduct.
Still, Abdul-Aziz, who was found guilty of carrying a
firearm in 2005, is upset that despite his complaint,
police officials said the two officers were cleared by an
internal investigation.
“If I fight on any other job or beat up anybody, I’m
terminated,” Abdul-Aziz, 29, said recently in his
Baltimore home.
“You beat up a citizen for no reason and had no real
probable cause, and you still have your jobs. That’s
crazy. These cops still have jobs.”
Reforms in progress
Police officials say a host of department reforms are
underway to address misconduct.
For example, months after taking over, Batts created
the Professional Standards and Accountability Bureau,
whichoversees training, policies and all internal issues,
and pushed to eliminate a backlog of more than 130
disciplinary cases.
He moved to toughen trial boards, which hear
disciplinary cases after complaints are investigated
internally,bychangingtheirmakeup.Theynowconsist
of two command staff members and a lieutenant
instead of a command staff member, a lieutenant and a
person of the same rank as the accused. As a result, the
rate at which officers are held responsible has jumped
from 57 percent to 88 percent, officials say.
A computer system implemented five months ago
tracks lawsuits filed against officers, Rodriguez said.
The information is combined with another tracking
system in use since 2010. That system tracks matters
such as injuries from arrests, citizen complaints and
use-of-force reports. It is designed to enable police
leaders to intervene with counseling, better su-
pervision, training and, if appropriate, disciplinary
action.
“We’re monitoring them where it was not done
before,” Rodriguez said, adding that “bugs” are being
worked out as the department studies the best national
standards to measure officers. Other police agencies,
including the Maryland State Police, already use the
same system.
Still, the tracking system has shortcomings. For
example, police officials acknowledge that it does not
include lawsuits that concluded before the agency
started tracking them this year.
Samuel Walker, emeritus professor of criminal
justice at the University of Nebraska, isn’t surprised
that Baltimore lacked a system to track lawsuits. “It has
a national reputation of not being a professional and
effective department.”
FormerPoliceCommissionerFrederickH.Bealefeld
III, who retired from the department in 2012, declined
to be interviewed about the issue, but
said through a spokesman that he had
worked to eliminate misconduct and
improve the agency’s relationship with
residents.
“Commissioner Bealefeld was com-
mitted to making Baltimore a safer city
while building a professional, commu-
nity-focused and accountable police
department,” said the spokesman, An-
thony Guglielmi.
Asked about investigations into alle-
gations of police brutality, Baltimore
State’s Attorney Bernstein said his
office has prosecuted 10 officers for
assault and 10 others for less serious
offenses since 2011. In some high-
profile deaths, officers were not prose-
cutedbecausetheyhadonlysecondsto
make decisions, Bernstein said. That’s
very different from cases where offi-
cers are more deliberate and assault
handcuffed suspects, he added.
He said that improved training and recruitment, a
better discipline process, and greater transparency
would enhance the Police Department’s trust with the
community.
“It’s a real issue for us in Baltimore,” Bernstein said.
Young, the City Council president, says many
African-American residents have an uneasy relation-
ship with the police force.
“Every black male or every African-American in this
city are not criminals and shouldn’t be treated as such,”
Young said. “I was stopped myself a couple times, and I
am the president of City Council.”
He wants officers trained to communicate better
with residents.
He’s heard too many complaints about them not
allowing people to talk to defend themselves.
“They violate your civil rights and tell you you can’t
talk,” Young said.
He added: “[Residents] fear the police more than
they fear the drug dealers on the corner.”
Baltimore Sun research librarian Paul McCardell
contributed to this article.
mpuente@baltsun.com
twitter.com/MarkPuente
25SUNDAY, SEPTEMBER 28, 2014 | NEWS | THE BALTIMORE SUN
SUN INVESTIGATES
“You beat up a citizen for no reason
and had no real probable cause, and
you still have your jobs. That’s crazy.
These cops still have jobs.”
Salahudeen Abdul-Aziz won a $170,000 jury verdict as a result
of a 2009 arrest. The charges were later dropped.
Salahudeen Abdul-Aziz still has a scar under his left eye from a 2009 incident in which he accused police of beating
him while handcuffed.
ALGERINA PERNA/BALTIMORE SUN
ABOUT THE SERIES
The Baltimore Sun set out in April to examine
lawsuits against Baltimore police officers that
alleged constitutional and civil rights violations.
Reporter Mark Puente started combing through
hundreds of court cases in which officers were
named as defendants, and sought other records
through Maryland Public Information Act re-
quests.
ThecityofBaltimoredidnotproviderecordsof
the payouts until late May. During the six-month
investigation, The Sun used police reports, court
records and databases to find addresses of
accusers, as well as bystanders who witnessed the
incidents.
Besides watching dozens of hours of trial
recordings, Puente and, at times, a photographer,
visited more than 100 homes and businesses
throughout the region to search for people named
in charging documents and lawsuits.

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Undue Force September 28

  • 1. Informing more than 1 million Maryland readers weekly in print and online SUNDAY Price $2.50 ($3 out of market). Our 177th year, No. 271 September 28, 2014D baltimoresun.com bridge autos 7 ● lottery news 14 ● movie directory a&e 4 ● horoscopes news 27 ● obituaries news 28 opinion news 30 ● puzzles comics section ● tonight on tv comics section ● books a&e 3 ● classified b&j 4 inside MARYLAND ARREST IN STABBING: Baltimore police have arrested Nicholas Brandon Heath, 32, of the 2500 block of Windsor Road in Parkville and charged him with first-degree murder in the fatal stabbing of Ottobar employee Tom Malen- ski, 35, early Friday at the Remington concert venue. NEWS PG 2 NATION/WORLD FOLLOW THE MONEY: The Islamic State funds itself with robberies, extortion, seizure of assets, ransoms and oil smuggling. The U.S. Treasury Department has assigned a team to track down foreign donors, crack down on smuggling, and identify facilitators who help the group transfer or hide its wealth. NEWS PG 21 SUMMARY OF THE NEWS TODAY’S WEATHER SUNNY 80HIGH 59LOW Partly sunny on Monday SPORTS PG 11 The city has paid about $5.7 million since 2011 over lawsuits claiming that police officers brazenly beat up alleged suspects. One hidden cost: The perception that officers are violent can poison the relationship between residents and police. SUN INVESTIGATES Undue force OnacoldJanuary afternoon, Jerriel Lyles parked his car in front of the P&J Carry Out on East Monument Street and darted inside to buy some food. After paying for a box of chicken, he noticed a big guy in jeans, a hooded sweatshirt and a baseball cap. “What’sup?”themansaidtoLyles.Others, alsodressedinjeansandhoodies,blockedthe doortothestreet—makingLylesfearthathe would be robbed. Instead, the man identified himself as a police officer, frisked Lyles and demanded that he sit on the greasy floor. Lyles objected. “The officer hit me so hard it felt like his radio was in his hand,” Lyles testified about the 2009 incident, after suing Detective David Greene. “The blow was so heavy. My eyes swelled up. Blood was dripping down my nose and out my eye.” TheBaltimoredetectiveofferedadifferent version of events in court, saying that Lyles’ injuries might have resulted from poking himself in the face. He also couldn’t say why officers stopped Lyles, who was not charged with any crime. But jurors didn’t buy the officer’s explana- tion. They ruled in Lyles’ favor, and the court ultimately ordered the city to pay him $200,000, the statutory limit in Maryland for most lawsuits against a municipality. ThebeatingLylesreceivedfromBaltimore police officers — along with the resulting payout from city funds — is part of a disturbing pattern, a six-month investigation by The Baltimore Sun has found. Over the past four years, more than 100 people have won court judgments or settle- ments related to allegations of brutality and civil rights violations. Victims include a The series First in a series of occasional articles on alleged police brutality cases against the Baltimore City Police Department. Inside Summary of the largest settlement payouts NEWS PG 23 By Mark Puente | The Baltimore Sun SALAHUDEEN ABDUL-AZIZ was awarded $170,000 by a jury in 2011 BARBARA FLOYD received a $30,000 settlement in 2011 ALVIN CUFFEE received a $40,000 settlement in 2011 JOHN BONKOWSKI received a $75,000 settlement in 2014 ASHLEY OVERBEY, along with Jenean Kelly, received a $63,000 settlement earlier this month ANTHONY KEYES received a $50,000 settlement in 2013 See POLICE, page 22 WASHINGTON — In the rare moments when he speaks candidly about running for president, Gov. Martin O’Malley uses phrasessuchas“fundamentallynewer”and “new way of leadership” to describe his approach — language intended to highlight the data-driven management style for which he is widely recognized. But it isn’t hard to read another, more subtle message between the lines: The young, guitar-slinging governor represents a more youthful crop of Democrats, while the presumed front-runner for the nomina- tion in 2016, Hillary Clinton, might struggle to do so. As he winds down his final months in Annapolis and crisscrosses the country in anticipation of a full-scale national cam- paign, O’Malley has delicately tried to draw contrasts with the former first lady, senator and secretary of state without appearing confrontational — or even using her name. Observers say the soft touch reflects the treacherous path O’Malley must tread as he tries to set himself apart from a longtime ally. O’Malley backed Clinton in the 2008 O’Malley edges away from ally Clinton Governor tries to stand out from the Democratic front-runner on policy, style By John Fritze The Baltimore Sun See O’MALLEY, page 7 While Baltimore County officials were deciding whether Michael Williams was fit to continue teaching, he was assigned to a dusty, windowless room at a Pulaski Highway warehouse that held old text- books,surpluscomputersandothermateri- als. He, along with a dozen or so employees, sat at a long table reading detective novels and playing Trivial Pursuit. Sometimes they would fall asleep until supervisors, watching from a security camera, came in to wake them up. Williams, who had been accused of touching a girl on the cheek with a yardstick, was paid his full salary plus benefits for more than a year to show up at the warehouse when school was in session. At his school, Woodlawn Middle, a sub- stitute was hired to teach his class. “The county doesn’t move on anything quickly. They let people sit there and rot,” said Williams, who denies having touched the girl. He made $67,000 a year as a teacher. Every year, hundreds of school system As misconduct cases drag on, teachers just wait, with pay Accusations remove staff from schools, cost taxpayers By Liz Bowie The Baltimore Sun See TEACHERS, page 7 SUN INVESTIGATES BGE HOME is not the same company as BGE, a regulated utility. Excludes previous purchases. Cannot be used with other discounts or promotions. HVAC #01-7302 Offer Expires 11/21/14. 15-Point Heating System Inspection Originally $99.95 • Now $69.95!SAVE$ 30 1-888-BGE-HOME www.bgehome.com
  • 2. 15-year-old boy riding a dirt bike, a 26-year-old pregnant accountant who had witnessed a beating, a 50-year-old woman selling church raffle tickets, a 65-year-old church deacon rolling a cigarette and an 87-year-old grandmother aiding her wounded grand- son. Those cases detail a frightful human toll. Officers have battered dozens of residents who suffered broken bones — jaws, noses, arms, legs, ankles — head trauma, organ failure, and even death, coming during question- able arrests. Some residents were beaten while handcuffed; others were thrown to the pavement. And in almost every case, prosecutors or judges dismissed the charges against the victims — if charges were filed at all. In an incident that drew headlines recently, charges against a South Baltimore man were dropped after a video showed an officer repeatedly punching him — a beating that led the police commissioner to say he was “shocked.” Such beatings, in which the victims are most often African-Americans, carry a hefty cost. They can poison relation- ships between police and the communi- ty, limiting cooperation in the fight against crime, the mayor and police officials say. They also divert money in the city budget — the $5.7 million in taxpayer funds paid out since January 2011 would cover the price of a state-of- the-artreccenterorrenovationsatmore than 30 playgrounds. And that doesn’t count the $5.8 million spent by the city on legal fees to defend these claims brought against police. “These officers taint the whole de- partment when they create these kinds of issues for the city,” said City Council President Bernard C. “Jack” Young. “I’m tired of the lawsuits that cost the city millions of dollars by some of these police officers.” City policies help to shield the scope and impact of beatings from the public, eventhoughMayorStephanieRawlings- Blakeacknowledgesthatpolicebrutality was one of the main issues broached by residents in nine recent forums across Baltimore. The city’s settlement agreements contain a clause thatprohibitsinjuredresidentsfrommakinganypublic statement — or talking to the news media — about the incidents. And when settlements are placed on the agenda at public meetings involving the mayor and other top officials, the cases are described using excerpts from police reports, with allegations of brutality routinely omitted. State law also helps to shield the details, by barring city officials from discussing internal disciplinary actions against the officers — even when a court has found them at fault. The Rev. Jamal-Harrison Bryant, a local pastor who hasrailedagainstpolicebrutality,wassurprisedtohear that the city has spent millions to settle police misconduct allegations. “I am absolutely stunned,” said Bryant, who leads a Northwest Baltimore mega-church. “I had no idea it was this bad. I had no idea we had this volume in this city.” Among the findings of The Sun’s investigation, which included a review of thousands of court records and interviews with victims, along with audio and video recordings of trials: Since 2011, the city has been involved in 102 court judgmentsandsettlementsrelatedtoallegationsofcivil rightsandconstitutionalviolationssuchasassault,false arrest and false imprisonment, making payouts that ranged up to $500,000. (The statutory cap can be exceeded when there are multiple claims in a lawsuit, andifthereismalicethecapmaynotapply.)In43ofthe lawsuits, taxpayers paid $30,000 or more. In such settlements, the city and the officers involved do not acknowledge any wrongdoing. ■ Many of the lawsuits stemmed from the now- disbanded Violent Crimes Impact Section, which used plainclothes officers to target high-crime areas. Offi- cers frequently wrote in charging documents that they feared for their safety and that residents received the injuries when resisting arrest. ■ Departmentofficialssaidsomeofficerswereexoner- atedininternalforceinvestigations,eventhoughjurors and the city awarded thousands of dollars to battered residents in those incidents. ■ For years, leaders in Baltimore’s Police Department, the nation’s eighth-largest, didn’t track or monitor the numberoflawsuitsfiledagainsteachofficer.Asaresult, city officials were unaware that some officers were the target of as many as five lawsuits. The Sun’s findings include only lawsuits that have beensettledordecidedincourt;dozensofsimilarcases are still pending. The city has faced 317 lawsuits over police conduct since 2011 — and recently budgeted an additional $4.2 million for legal fees, judgments and lawsuits, a $2.5 million increase from fiscal 2014. “ThisisnotsomethingItakelightly,”Rawlings-Blake said. “I’ve worked hard, very hard, to have a dialogue with the community about how do we build trust and send the message that law enforcement that acts outside of the law will not be tolerated.” Police Commissioner Anthony W. Batts, who took over in late 2012, has publicly vowed to eliminate misconduct among the city’s 2,800 officers. Other police officials say the department has begun to track such allegations more closely to punish officers in the wrong. “I can’t speak to what was done before, but I can certainly tell you that’s what’s being done now, and we won’t deviate from that,” said Deputy Commissioner JerryRodriguez,whojoinedtheagencyinJanuary2013 to lead the new Professional Standards and Account- ability Bureau. Rodriguez, who once worked in Internal Affairs at theLosAngelesPoliceDepartment,saidthemandateis to provide policing in a professional manner that doesn’t violate constitutional rights. “We will not let officers get away with any wrongdoing,” Rodriguez said. “It will not be tolerated.” The department would not allow The Sun to interview officers named in the lawsuits, saying that would violate department policy. Annual base salaries for the officers ranged from $61,000 and $67,000. ButRobertF.Cherry,presidentofthecity’sFraternal Order of Police lodge, cautioned that some people file frivolouslawsuitsagainstofficerswhoworktokeepthe city safe. “Our officers are not brutal,” he said. “The trial attorneys and criminal elements want to take ad- vantage of the courts.” The grandmother Eighty-seven-year-old Venus Green heard the scream while rocking on her porch on Poplar Grove Street in West Baltimore’s Walbrook neighborhood. “Grandma, call the ambulance. I been shot,” she thought she heard her grandson say on that morning in July 2007. As he lumbered closer, she spotted blood from a wound in his leg and called 911. The retired teacher was used to helping others. Green had moved to Baltimore decades earlier from South Carolina after working at R.J. Reynolds and Westinghouse. Once here, she worked at Fort Meade and earned two degrees at Coppin State University. The mother of two and grandmother of seven dedicated her career to teaching special-education students, but couldn’t sit still in her retirement years. Shehadtwohobbies:goingtochurchand raisingfoster kids. Dozens of children funneled through her home. They,likeherowngrandchildren,calledher “Grandma Green.” Paramedics and police responded to the emergency call, but the white officer became hostile. “What happened? Who shot you?” Green recalled the officer saying to her grandson, according to an 11-page letter in which she detailed the incident for her lawyer. Excerpts from the letter were included in her lawsuit. “You’re lying. You know you were shot inside that house. We ain’t going to help you because you are lying.” “Mister, he isn’t lying,” replied Green, who had no criminal record. “He came from down that way running, calling me to call the ambulance.” The officer, who is not identified in the lawsuit, wantedtogointothebasement,butGreendemandeda warrant. Her grandson kept two dogs downstairs and shefearedtheywouldattack.Theofficerunhookedthe lock, but Green latched it. HeshovedGreenagainstthewall.She hit the wooden floor. “Bitch, you ain’t no better than any of the other old black bitches I have locked up,” Green recalled the officer saying as he stood over her. “He pulled me up, pushed me in the dining room over the couch, put his knees in my back, twisted my arms and wrist and put handcuffs on my hands and threw me face down on the couch.” After pulling Green to her feet, the officer told her she was under arrest. Green complained of pain. “My neck and shoulder are hurting,” Green told him. “Please take these handcuffs off.” An African-American officer then walked into the house, saw her sobbing andaskedthatthehandcuffsberemoved since Green wasn’t violent. The cuffs came off, and Green didn’t face any charges. But a broken shoulder tormented her for months. “I am here because of injuries re- ceived to my body by a police officer,” Green wrote on stationery stamped with “wish on a star” at the bottom of each page. “I am suffering with pain and at night I can hardly sleep since this incident occurred.” In June 2010, she sued the officers; an April 2012 settlement required the city to pay her $95,000. Green died six weeks later of natural causes The pregnant woman Many Baltimoreans who reached similar settle- ments declined to be interviewed about the alleged police misconduct — with good reason. Aclauseinthecity’sagreementsprohibitsanypublic statement about the incident that triggered the lawsuit. Limitations on “public statements shall include a prohibitionindiscussinganyfactsorallegations…with the news media” except to say the lawsuit has been settled, it states. Thepenaltyfortalking?Citylawyerscouldsuetoget back as much as half or more of the settlement. That amount is negotiated in each case, depending on the severity of the allegations, said David Ralph, deputy city solicitor. The amount of money involved is shielded from the public because the clause might never be triggered, he said, adding that in “99.9 percent of the cases it’s never an issue.” Such “non-disparagement” clauses are common in legal settlements, he noted. “We don’t want to pay taxpayers’ money and then have people saying things that they couldn’t say in court. Some facts are hotly disputed.” Insuchsettlements,thecityandtheofficersinvolved do not acknowledge any wrongdoing. StarrBrown,anEastBaltimorewomanwhoreached asettlementagreement,wantedtotalkaboutherarrest — an encounter with police that left the pregnant accountant facedown, bleeding and bruised, on the sidewalk. (Her baby was unhurt.) But Brown, a Morgan State University graduate, said the clause prevented her from sharing details, so the events of Sept.18, 2009, can only be reconstructed from court transcripts. Returning home with her young daughter as the sun In 2007, 87-year-old Venus Green accused a police officer of throwing her to the ground at her West Baltimore home, shown above, and breaking her shoulder. She sued and reached a $95,000 settlement in 2012. ALGERINA PERNA/BALTIMORE SUN Suits against police cost millionsPOLICE, From page 1 22 THE BALTIMORE SUN | NEWS | SUNDAY, SEPTEMBER 28, 2014 SUN INVESTIGATES “I am here because of injuries received to my body by a police officer. I am suffering with pain and at night I can hardly sleep since this incident occurred.” Eighty-seven-year-old Venus Green, writing of a July 2007 encounter with police for which she received a $95,000 settlement from the city
  • 3. Christensen Threatt Less than $30k 60 50 40 30 20 10 0 63 10 13 6 10 $30k to $50k $50k to $100k $100k to $200k $200k and up Aubrey Knox and Lena Knox reached a $500,000 settlement in 2012 after officers arrested them on charges of kidnapping their grandson in 2007. Aubrey Knox suffered serious injuries while beaten in jail. The estate of Edward Lamont Hunt won a $375,000 settlement after an officer fatally shot Hunt during a stop in 2008. A jury acquitted the officer of involuntary manslaughter in June 2010. Jamal Butler told a jury that an officer called him “a black smart ass” and arrested him in 2010. The officer denied that and said Butler refused to leave a downtown street. The jury awarded Butler $272,790; it is under appeal. Christopher Sharp and the American Civil Liberties Union won $250,000 in a settlement after Sharp said officers deleted images from his phone showing them beating a woman in 2010. Arthur Phillips, a Baltimore City sheriff’s deputy, said an officer wrongfully arrested him during a domestic incident in 2008. A jury awarded him $600,000, but a judge reduced it to $236,392. Dondi Johnson’s family won a $219,057 jury verdict after Johnson died of injuries sustained while riding unrestrained in a police van in 2010. Jerriel Lyles won a court judgment for $200,000 and a settlement for $24,000 for two separate incidents. He won the judgment after testifying that an officer smashed his face with a police radio in 2009. Three weeks after the incident, he said two other officers made him drop his pants and underwear as one searched him for drugs. The estate of Tyrone Brown reached a $200,000 settlement after Brown was fatally shot by an off-duty officer in 2008 outside a nightclub. The officer is serving a 15-year prison term for manslaughter. Jacqueline Allen won a $200,000 settlement after being shot in the stomach by an officer at the Cherry Hill light-rail stop in 2008. Allen lost her right kidney and part of her liver. Daudi Collier said one officer smashed his face with a police radio and another punched him in the eye in 2008. A jury awarded him $175,000. Salahudeen Abdul-Aziz testified that two officers handcuffed him, threw him on the ground and beat him in 2009. He suffered a broken nose and severe swelling around his eye. A jury awarded him $170,000. Wesley Williams and Shaney Pendelton said plainclothes officers punched, kicked and choked them in 2008 in front of their kids. They reached a $155,000 settlement. Darren Brown reached a $150,000 settlement after being wrongfully accused of attempted murder in 2008. The then-17-year-old spent six months in jail. Starr Brown won a $125,000 settlement after testifying that two officers threw her to the ground and beat her in 2009. The accountant and then-pregnant woman had called police to report an assault. Latasha Calvert and Brittney Jones reached a $110,000 settlement after a 2006 traffic stop. Calvert said she suffered a fractured elbow and torn ligaments in her knee. Jones fractured her finger. Calvert was found guilty of resisting arrest and received probation before judgment. Jennelle Causey and Shakita Causey said a sergeant performed an illegal strip search, hit them and planted drugs on them in 2008. A jury awarded them $105,000. Lillian Parker, a school cafeteria worker, reached a $100,000 settlement for spending two days in jail after being arrested in a drug raid in 2007. She was walking down the street at the time. Lornell Felder said officers beat his face and body when he ran from them in 2009. The officers mistakenly thought he was rolling a marijuana joint. City Solicitor George Nilson described Felder as a “citizen with a totally clean record over many years, a church deacon and a pillar of his community.” He won a $100,000 settlement. Venus Green said an officer threw her to the ground, breaking her shoulder in 2009. Green, 87, had called police to report that her grandson had been shot. The city paid her $95,000. Donte Harris said an officer patted him down, unzipped his pants and fondled his genitals during a loitering stop in 2009. The city paid him $95,000. Ira Todd won a $90,000 settlement after he said an officer kicked and stomped him, breaking his wrist in a 2009 arrest. John Bonkowski said officers broke his ankle and jaw after he drove through a gate at a parking garage in 2012. He settled the case for $75,000 and pleaded guilty to driving while intoxicated. David Harris said officers falsely arrested him in 2009 after a robbery victim identified another man as a suspect. The city paid him $75,000. Antwan Bryant said an officer broke his leg by driving over him with a car in 2008; a jury awarded Bryant’s estate $75,000. He died in an unrelated incident. Milton McLean and Tyrode Gibbs Sr. said officers kicked and stomped them in 2009 as Gibbs held his 2-year-old son. Gibbs suffered fractured ribs and the child suffered facial cuts. The city paid them $70,000. Terrell Perkins said officers beat him while he was being questioned about a robbery where he worked in 2007. The city paid him $67,500. Ashley Overbey and Jenean Kelly reached a $63,000 settlement this month. Overbey said officers pinned her down and repeatedly hit her in the face after she reported a robbery in her apartment in 2012. Kelly said an officer grabbed her head and banged it into a police van. James Clay, a well-known barber, said officers broke his arm in a traffic stop in 2009. The city paid him $63,000. Bolaji Obe and Akinola Adesanya said an officer pulled a knife on them and threatened to stab them in a parking garage in 2012. Obe also said the officer punched him in the face while his hands were cuffed behind his back. They settled the case for $62,000 in July. Jonathan Hunt said officers broke his leg and collarbone and cracked three ribs in a 2009 traffic stop. The city paid him $60,000. He pleaded guilty to fleeing and eluding police. Alberto Mojica said officers beat him in 2008 after an off-duty officer shot and killed a fellow officer outside a nightclub. He settled the case for $50,000. Anthony Keyes said officers beat him when he entered a home to sell a car in 2011. He won a $50,000 settlement. Ericka Ury, the mother of then-15-year-old Jyrel Washington, said plainclothes officers broke her son’s nose in 2009. Ury settled for $49,500. Charles Faulkner accused an officer of punching him in the face and breaking his jaw with a police radio in 2010. He settled the case recently for $49,000. Brian Holmes and Frank Snell II, a Randallstown dentist, said officers beat them during a late-night stop on East Baltimore Street in 2009. The city settled the case for $47,500. Rodney Hueston won a $45,000 settlement after he said two officers broke his arm in a downtown restaurant in 2009. Deon Johnson said an officer drove into him while he was sitting on a dirt bike in 2009. The city paid him $42,500. Alex Dickson said a beating by officers left him with a broken nose, fractured ribs, bruised kidneys and other injuries when they served a protective order in 2010. He spent four weeks in the hospital. The city paid him $40,000. Alvin Cuffee said an officer choked him with a nightstick as others beat him in the head outside a nightclub in 2009. The city paid him $40,000. Joseph Forrest reached a $35,000 settlement after being jailed without bail for six months. He was accused of trying to disarm an officer during a dispute in which a relative was fatally shot by police in 2009. Michael Wright said an officer pulled him from a car, stomped his head and broke his wrist in 2009. He settled for $30,000. Christensen Threatt said officers stomped and kicked him during a domestic incident in 2009. The city paid him $30,000. Barbara Floyd won a $30,000 settlement after saying a detective threw her to the street and ground her face into the concrete in 2009. Sources: Charging documents, court records, interviews and Sun archives $5.7 million in settlements and judgments paid Baltimore has paid $5.7 million since January 2011for settlements and court judgments in lawsuits accusing city police officers of false arrests, false imprisonment and excessive force. Virtually all of the people who won large awards were cleared of criminal charges. In the settlements, the city and officers did not acknowledge any wrongdoing. Here are summaries of the largest payouts: Aubrey Knox Daudi Collier Latasha Calvert Donte Harris Lena Knox Wesley Williams Jennelle Causey David Harris Jacqueline Allen Starr Brown Lillian Parker Jerriel Lyles Shaney Pendelton Shakita Causey Tyrode Gibbs Sr. 23SUNDAY, SEPTEMBER 28, 2014 | NEWS | THE BALTIMORE SUN SUN INVESTIGATES criminal record, testified. “He’s like, ‘You’re getting arrested. You’re coming with me.’ ” “Theyslammedmedownonmyface,”Brownadded, her voice cracking. “The skin was gone on my face. ... “I was tossed like a rag doll. He had his knee on my back and neck. She had her knee on my back trying to put handcuffs on me.” The officers arrested her for obstruction, disorderly conduct, resisting arrest and assault. She fought the charges in District Court in March 2010. The officers minimized the incident and Brown’s injuries, telling the judge that her screams drew a crowd and she refused to go back into her house. Crisafulli said Brown hit the ground after letting go of the railing. “It was like a sling shot,” Crisafulli testified. “The resistance stopped. We all fell off the porch.” Brown then kicked and flailed, Crisafulli added, noting that bystanders told the officers that Brown was pregnant. Crisafulli said Brown scratched her with set, Brown was on the front steps of her brick house when she spotted two girls walking along North Luzerne Avenue. Suddenly, a group of about 20 girls came from the other direction and attacked the two girls. Brown, who went into her house to avoid the fighting, watched the beating through a window. Other neighbors called 911, but by the time officers Karen Crisafulli and Andrew Galletti arrived, the attackers had fled. Brown, who was then 26, could hear the officers yelling at the victims and came outside to urge the officers to chase the girls who had fled. An argument started, and Galletti lunged at her, she later testified in court. Shegrabbedtheironrailing,butGallettiwrappedhis arm around her neck. She said she screamed that she was pregnant, but Galletti responded, “[We] hear it all the time.” “He comes and grabs my arms,” Brown, who had no fingernails;GallettisaidBrownbithisarmandknuckle. But the testimony of two witnesses confirmed Brown’s version of events. “Mrs. Brown was standing up in her doorway,” said neighborRubyLee.“Theythrewhertotheground,and [Galletti] put his knee in her back.” The judge acquitted Brown of all criminal charges. She sued in April 2010 and settled the case in March 2011for $125,000. Violent Crimes Impact Scandals have plagued Baltimore’s Police Depart- mentinrecentyears.Sixteenofficerswereconvictedin akickbackschemewithatowingcompany,andanother was convicted of selling heroin from the Northwest District police station’s parking lot. When Rawlings-Blake hired Batts in 2012, the mayor talked about Baltimore becoming “the safest big city in America.” Batts earned a reputation of building Jenean Kelly Bolaji Obe Charles Faulkner Rodney Hueston Joseph ForrestAlex Dickson Terrell Perkins 43renovated playgrounds 124new police officers 72resurfaced basketball courts Better uses for taxpayer funds Since 2011, Baltimore City has paid $5,765,065 in settlements and court judg- ments for cases alleging police misconduct. Here’s what that could buy: Payout breakdown Payouts from settlements and court judgments since 2011: These booking photos and those on the front page from the Baltimore Police Department
  • 4. Jurors awarded Lyles $500,000 for the incident at the carryout, but the judge reduced it to $200,000 to comply with a state law that caps damages in suits against municipalities. The city also paid Lyles $24,000 to settle a separate lawsuit related to the street search. Today, Lyles, who served probation for credit card theft in1999, is reluctant to talk about the civil trial. “I’m afraid of the police,” he said. “I want to speak out, but it could be dangerous. These people are dangerous. Internal Affairs is not like they say they are. I complained. They said it was unsustained.” Rodney Hill, who took over the Internal Affairs Division in May 2013, confirmed that Lyles’ complaint was not sustained — meaning investigators could not prove it was true. Police said Southard left the force in May 2012, but would not say whether it was related to Lyles’ case, noting that state law prohibits the disclosure of personnel matters. Police would not say whether the other officers were disciplined. ‘We have to fire them’ Civil rights abuses can tarnish a police department’s image in any city, experts say. Strained relationships makeitdifficultforofficerstogaintrustonthestreets— from getting tips to solving crimes to winning taxpayer support to hire more officers. “Allofthosethingsareputinjeopardy,”saidDavidA. community engagement during his 30 years of leading departments on the West Coast. ButriddingtheBaltimoreagencyofmisconductmay not be easy. The agency’s strategic plan, released late last year, said discipline “has not always been a priority for the Baltimore Police Department,” and it has been common “for cases in this department to take as many as three years to resolve.” A more recent consultant’s report on the Internal Affairs Division said detectives lack training and often take shortcuts when in- vestigating officers suspected of misconduct. Many complaints have focused on the Violent Crimes Impact Section, which had more than 260 officers in 2012. City Council members and community activists said those officers used heavy-handed tactics and had no accountability. In addition to the allegations of excessive force, officersintheunitwereaccusedbyprosecutorsoflying on a search warrant and working to protect a drug dealer in order to make arrests. One received six monthsofhomedetention;theother wenttoprisonfor eight years for protecting the drug dealer. Three other members were charged in 2010 with kidnapping two city teens and leaving one in a Howard County state park without shoes, socks or his cellphone. A jury acquitted two officers of assault, kidnapping and false imprisonment but convicted them of misconduct. In September 2012, the unit sparked outrage when a detective threw Anthony Anderson, 46, to the ground during a drug arrest. Anderson’s spleen ruptured, and he died a short time later. The state medical examiner’s office said the death was a homicide caused by blunt force trauma. But Baltimore State’s Attorney Gregg Bernstein declined to bring charges, ruling that the officers did not use excessive force and followed police guidelines. The family filed a federal lawsuit, alleging that three detectives kicked Anderson for several minutes; the case is ongoing. Batts disbanded the Violent Crimes Impact Section in December 2012 in response to complaints and created the Special Enforcement Section to address spikesinseriouscrimes.Theunithasabout130officers. The name change brought a new direction, Rodri- guez said. New leaders have been appointed and officers are wearing uniforms that iden- tify them as police. “It’snotjustaphilosophicalandname change,”hesaid.“Whatisacceptablehas changed.” Still, misconduct persists. This year, other officers have been accused of killing a dog while off-duty in February and of an attempted homicide in April. An officer went to jail in April for 45 days for beating a drug suspect who had broken into the officer’s girlfriend’s home. Another officer was arrested in June and charged with slitting a Shar-Pei’s throat while on duty; he has pleaded not guilty. After the carryout The Violent Crimes Impact Section detectives who testified in Lyles’ lawsuit — which accused police of hitting him at the P&J Carry Out in East Baltimore — appeared confident on the witness stand as Domenic Iamele, Lyles’ attorney, pressed for answers on the injuries. Detective Greene told jurors Lyles became hostile in the carryout and tried walking away. Lyles lifted his hands up as Greene tried to stop him, the officer said. “Did Mr. Lyles touch his face?” Iamele asked. “I don’t know if Mr. Lyles touched his face,” Greene replied,notingthatheblinkedandcouldhavemissedit. He suggested Lyles injured himself. “That’s the only thing that could’ve happened. I don’t know how he broke the bridge of his nose.” “You didn’t punch him in the nose?” “No, sir.” Sgt. Michael Guzman told jurors he didn’t recall being in the store or seeing anything suspicious. Lyles then told jurors about another incident: Three weeks after his nose was broken, Lt. Christopher Nyberg and Detective Paul Southard stopped him near his apartment on Moravia Park Road. The officers ordered Lyles to drop his pants and underwear. He did. They told him to squat and cough. He did — out of fear. Lyles testified that an officer then searched his genitals for drugs and rammed a gloved finger in his rectum. He told jurors the incident wasn’t a “coincidence.” Hebelievedtheofficerswereretaliatingbecausehehad complained about his broken nose. Harris, an expert at the University of Pittsburgh Law School on police misconduct and accountability. “People will tend to view [police] as illegitimate. This is a real problem for police departments.” Good, solid policing requires mutual respect be- tween officers and residents, he added. Rawlings-Blake acknowledged the importance of that relationship in an interview about the costly settlements. “It is a sacred covenant that each officer makes with members of the community, and when it’s broken, it’s devastating for not just the victim, but it’s devastating for our ability to move forward as a city.” She said the relationship between the community and police has improved since Batts was hired, noting that residents are providing more tips to Crime Stoppers and making fewer complaints about discourteous officers. But more than a dozen bystanders who were named in court records or who testified in court declined to talk to The Sun about the arrests and alterca- tions that they witnessed — saying, like Lyles, that they feared retaliation from police. City Councilman Brandon Scott, vice chairman of the council’s Public Safety Committee, said police leaders need to cleanse the force of bad officers. “We have to expedite the process,” Scott said. “We have to fire them. We can’t afford to keep paying these settle- ments. These folks that are beating people have to go.” The Sun’s findings come as the nation’s attention has been focused on a white officer’s shooting of an unarmed black teenager in Ferguson, Mo. — an incident that triggered days of violent protests. The officer said he acted in self-defense, but many area residents saw the shooting as a symptom of racially biased policing. The shooting triggered a nationwide debate on the useofforcebypolice,andU.S.AttorneyGeneralEricH. Holder Jr. announced an investigation of the town’s police department. Published reports noted that five current and one former member of the 53-officer agency faced pending federal lawsuits that claimed they used excessive force. Such broad inquiries by the Department of Justice’s civil rights division examine whether officers have a history of discrimination or using force beyond standard guidelines. They typically lead to consent decrees and years of court monitoring. Twenty federal probes have started in the past six years, in cities that include Cleveland, New Orleans and Portland. Attorney A. Dwight Pettit questions why the Department of Justice hasn’t opened an investigation into the Baltimore Police Department. He has filed scores of lawsuits against officers, and his office gets dozens of calls each week from people alleging police abuse. He says he only takes the cases in which injuries are visible. “It’s absolutely called for,” Pettit said, noting the long list of settlements and court judgments involving city police. “Baltimore City is so much out of control, the Police Department, in my opinion, warrants federal intervention and investigation.” 24 THE BALTIMORE SUN | NEWS | SUNDAY, SEPTEMBER 28, 2014 SUN INVESTIGATES “Baltimore City is so much out of control, the Police Department, in my opinion, warrants federal intervention and investigation.” Attorney A. Dwight Pettit Barbara Floyd, above, gazes out her window at the spot on North Montford Avenue where she says a detective ground her face into the concrete in 2009. She reached a $30,000 settlement in 2011. Below, Floyd holds a picture of her forehead injuries that match a hole in the pavement. ALGERINA PERNA/BALTIMORE SUN PHOTOS AT BALTIMORESUN.COM ■ View a video of Barbara Floyd and Salahudeen Abdul-Aziz talking about their encounters with city police officers ■ View a visualization comparing how the most expensive settlements and court judgments since 2011 — all $30,000 or more — have been distributed, by time and by value
  • 5. Face down on concrete Five years after an incident that left her injured, Barbara Floyd still wonders what happened to the officer she said attacked her. “I believe in justice,” Floyd said, recounting a confrontation with undercover officers who were making a drug sweep in her McElderry Park neigh- borhood. “That’s what I believe in. I don’t think people should be treated like animals — even guilty ones. But I was an innocent one.” On a Tuesday afternoon in March 2009, Floyd spottedacrowdofofficersandbystandersupthestreet, her lawsuit stated. She then heard a detective threaten to fire a stun gun at her 20-year-old grandson. Floyd,whowas58atthetimeandwithoutacriminal record, climbed down the four steps of her gray brick rowhouse to usher her grandson away from the drug operation. After being told to leave, she said she walked home and leaned on a tree. Someone suddenly wrapped an arm around her neck and threw her to the ground. “I was struggling ’cause I didn’t know who it was,” Floyd recalled in an interview that mirrored her descriptionsincourtrecords.“Hewastryingtograbmy arms.Heputhiskneeonmyneck.Heputanotherlegin the small of my back. He was grinding my face to the pavement.” Though she was face down on the sidewalk, she heard Detective Joseph Grossman, a member of the Violent Crimes Impact Section, scream at her to lie down. Floyd, who is 4-foot-11 and 107 pounds, couldn’t breathe with Grossman on her back. A struggle ensued and Floyd tried standing, but Grossman kept her down while handcuffing her. Her vision faded. “After that I thought I was gonna die because I had tunnel vision,” she said in the interview, fighting back tears. “Every- thing had gotten dark, dark and black.” When the altercation ended, Floyd had gashes on her forehead, face and knees. Paramedics treated her before she was taken to jail. But because her blood pressure topped 200, jailers declined to admit her to the Central Booking and Intake Facility, according to court records. Medics rushed her to Mercy Hospital. After she was released from the hospital, Grossman charged her with resisting arrest and obstruction. In charging documents, he gave a different account of the incident, accusing Floyd of stepping between officers and her grandson. When officers ordered the grandson to leave, he refused. Floyd then “adopted a hostile and aggressive posture” and tried to pull him away, Grossman wrote. Officers then tried to arrest her, but she tried breaking away and fell face-first to the ground. When officers handcuffed Floyd, she scraped “her forehead on the sidewalk, causing a minor laceration.” Floyd soon received a letter from Internal Affairs stating that Grossman and another officer were being investigated for misconduct. Still, Floyd was ashamed to go outside after the melee. “My face was a mess,” she recalled, her voice droppingasshestaredatthestreetfromakitchenchair. “My hair was gone on that side. I was bruised up. Not only my face, my arms, my legs. My whole body was sore.” She is still upset that officers ignored her questions that day. “All they do is tell you to shut the hell up.” Floyd, who reached a $30,000 settlement in 2011, initially declined to discuss her case when The Sun contacted her in May. The next day, she changed her mind and agreed to an interview, even though she fears retaliation from police and city lawyers for speaking out, and has moved out of the city. Hill, the Internal Affairs chief, said her complaint against Grossman was not sustained. Grossman left the force in July 2012, but officials declined to say why, noting the legal restrictions on releasing personnel records to the public. He joined the Baltimore County Police Department the same month; that agency would not make him available for comment. Complaints and awards Although the city’s settlements and judgments have totaled $5.7 million since 2011, a state law may have saved Baltimore taxpayers millions of dollars. The Local Government Tort Claims Act caps damages against local governments at $200,000 per claim. Taxpayers in other cities aren’t as lucky. Cleveland and Dallas have paid between $500,000 and more than $1million to settle individual police misconduct cases. The Dallas Police Department has paid $6.6 million in 26 settlements and judgments since 2011; the Miami-Dade County department paid $1.8 million over that period in an unspecified number of cases. Both agencies are similar in size to Baltimore’s. In addition to the settlements and jury awards, Baltimore has paid $5.8 million to outside law firms to defend those lawsuits and others since July 2010. Accordingtocitypolicy,officialsareboundtodefend officers as long as they follow departmental guidelines when using force to make arrests. An agreement between the city and the police union guarantees that taxpayers will pay court damages in such cases. Although police officials declined to release individ- ual personnel records, they did discuss the issue in broad terms, saying that from 2012 through July, the department received 3,048 misconduct complaints against officers. Of those, officials sustained 1,203 complaints — 39 percent — meaning investigators could prove the claims were true. That led to 61 resignations and discipline for more than 850 officers, measures ranging from written reprimands to suspensions. But in some cases that resulted in settlements or judgments,officerswerenotdisciplinedevenafterthey were found liable in court. Cherry, the union president, said it would be unfair to discipline officers if they were cleared in internal investigations. He stressed that nobody can predict how a jury will decide cases. “The [officers] who get the most complaints are the ones who are doing their work,” he said. “These may be some of the best officers.” Broken nose, facial fracture Salahudeen Abdul-Aziz was awarded $170,000 in 2011 by a Baltimore jury as compensation for a beating by police in West Baltimore’s Upton area. But he remains haunted by the incident and fears the police. The nightmare began on a warm day in September 2009 as he walked out of a corner store and headed toward Westwood Street, sipping on a cold soda and munching on potato chips. Abdul-Aziz, then 24, was hurrying back to his aunt’s air-conditioned home. On the way, he joined up with a neighborhood acquaintance. Officers Robert Stokes and Marvin Gross spotted them leave an alley in a well-known drug area, according to charging documents. As the officers neared, the man with Abdul-Aziz tossed a glass vial with white powder. Abdul-Aziz was questioned, handcuffed and put in the back of a cruiser as officers quizzed the other man onthecurb.AsAbdul-Azizwriggledhishands,tryingto adjust his wristwatch, he was yanked out of the car. The officers slammed him onto the ground and started punching him in the face, two witnesses testified at a 2011 civil trial over police misconduct allegations. One witness said the officers switched positions “probably six times” during the beating, as Gross “hit him five or six times with his fist.” Abdul-Aziz was helpless. “I was unable to do anything. I was handcuffed,” he testified. Hedescribedabrokennoseandfacialfracture,along with severe swelling and a hemorrhage in his right eye — injuries that took more than three weeks to heal. “What was your state of mind that day?” his lawyer asked. Abdul-Aziz replied, “I thought I was gonna die that day.” Gross’ account of the incident was different. He said he saw Abdul-Aziz, hands cuffed behind his back, wigglearoundinthecruiser.GrossthoughtAbdul-Aziz was hiding drugs, so he pulled him from the car and told him to open his hands. But Abdul-Aziz tried to head-butt Gross and run, the officer testified. The officers said they feared for their safety and tackled Abdul-Aziz. Abdul-Aziz tried to get up, but the officers ordered himtostop.GrossplacedaforearmacrossAbdul-Aziz’s chest and Stokes pinned his legs to the ground, Gross said, adding: “He just refused to stay still.” “What was Mr. Abdul-Aziz doing that was illegal?” Abdul-Aziz’s lawyer asked. “He wasn’t doing anything,” Gross replied. “That’s why I conducted a field interview.” Stokes told jurors he didn’t hit Abdul-Aziz. “I didn’t really do anything except hold his legs down,” Stokes said, adding that he didn’t see Abdul-Aziz do anything illegal before the stop. Abdul-Aziz was vindicated by the court system. After a two-day civil trial in February 2011, jurors awarded him damages. And a judge dismissed criminal charges of resisting arrest, assault, drug possession and disorderly conduct. Still, Abdul-Aziz, who was found guilty of carrying a firearm in 2005, is upset that despite his complaint, police officials said the two officers were cleared by an internal investigation. “If I fight on any other job or beat up anybody, I’m terminated,” Abdul-Aziz, 29, said recently in his Baltimore home. “You beat up a citizen for no reason and had no real probable cause, and you still have your jobs. That’s crazy. These cops still have jobs.” Reforms in progress Police officials say a host of department reforms are underway to address misconduct. For example, months after taking over, Batts created the Professional Standards and Accountability Bureau, whichoversees training, policies and all internal issues, and pushed to eliminate a backlog of more than 130 disciplinary cases. He moved to toughen trial boards, which hear disciplinary cases after complaints are investigated internally,bychangingtheirmakeup.Theynowconsist of two command staff members and a lieutenant instead of a command staff member, a lieutenant and a person of the same rank as the accused. As a result, the rate at which officers are held responsible has jumped from 57 percent to 88 percent, officials say. A computer system implemented five months ago tracks lawsuits filed against officers, Rodriguez said. The information is combined with another tracking system in use since 2010. That system tracks matters such as injuries from arrests, citizen complaints and use-of-force reports. It is designed to enable police leaders to intervene with counseling, better su- pervision, training and, if appropriate, disciplinary action. “We’re monitoring them where it was not done before,” Rodriguez said, adding that “bugs” are being worked out as the department studies the best national standards to measure officers. Other police agencies, including the Maryland State Police, already use the same system. Still, the tracking system has shortcomings. For example, police officials acknowledge that it does not include lawsuits that concluded before the agency started tracking them this year. Samuel Walker, emeritus professor of criminal justice at the University of Nebraska, isn’t surprised that Baltimore lacked a system to track lawsuits. “It has a national reputation of not being a professional and effective department.” FormerPoliceCommissionerFrederickH.Bealefeld III, who retired from the department in 2012, declined to be interviewed about the issue, but said through a spokesman that he had worked to eliminate misconduct and improve the agency’s relationship with residents. “Commissioner Bealefeld was com- mitted to making Baltimore a safer city while building a professional, commu- nity-focused and accountable police department,” said the spokesman, An- thony Guglielmi. Asked about investigations into alle- gations of police brutality, Baltimore State’s Attorney Bernstein said his office has prosecuted 10 officers for assault and 10 others for less serious offenses since 2011. In some high- profile deaths, officers were not prose- cutedbecausetheyhadonlysecondsto make decisions, Bernstein said. That’s very different from cases where offi- cers are more deliberate and assault handcuffed suspects, he added. He said that improved training and recruitment, a better discipline process, and greater transparency would enhance the Police Department’s trust with the community. “It’s a real issue for us in Baltimore,” Bernstein said. Young, the City Council president, says many African-American residents have an uneasy relation- ship with the police force. “Every black male or every African-American in this city are not criminals and shouldn’t be treated as such,” Young said. “I was stopped myself a couple times, and I am the president of City Council.” He wants officers trained to communicate better with residents. He’s heard too many complaints about them not allowing people to talk to defend themselves. “They violate your civil rights and tell you you can’t talk,” Young said. He added: “[Residents] fear the police more than they fear the drug dealers on the corner.” Baltimore Sun research librarian Paul McCardell contributed to this article. mpuente@baltsun.com twitter.com/MarkPuente 25SUNDAY, SEPTEMBER 28, 2014 | NEWS | THE BALTIMORE SUN SUN INVESTIGATES “You beat up a citizen for no reason and had no real probable cause, and you still have your jobs. That’s crazy. These cops still have jobs.” Salahudeen Abdul-Aziz won a $170,000 jury verdict as a result of a 2009 arrest. The charges were later dropped. Salahudeen Abdul-Aziz still has a scar under his left eye from a 2009 incident in which he accused police of beating him while handcuffed. ALGERINA PERNA/BALTIMORE SUN ABOUT THE SERIES The Baltimore Sun set out in April to examine lawsuits against Baltimore police officers that alleged constitutional and civil rights violations. Reporter Mark Puente started combing through hundreds of court cases in which officers were named as defendants, and sought other records through Maryland Public Information Act re- quests. ThecityofBaltimoredidnotproviderecordsof the payouts until late May. During the six-month investigation, The Sun used police reports, court records and databases to find addresses of accusers, as well as bystanders who witnessed the incidents. Besides watching dozens of hours of trial recordings, Puente and, at times, a photographer, visited more than 100 homes and businesses throughout the region to search for people named in charging documents and lawsuits.