In This Issue - Vol 6, No. 1 (Fall, 2005)
From the Chairman
Detroit Trooper Indicted for Manslaughter
Chicago Cop Is Scapegoat for Racism Charges
Stephanie Mohr Case on Hold
Wyatt Henderson Update
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As Grant was resisting arrest, Officer Henderson, using an approved police maneuver, placed his knee on Grant’s back to force him to the ground. In the process, Grant’s chin hit the ground, causing a superficial laceration that required no treatment. As a result of this incident, Grant was charged with drug possession with intent to distribute, carrying a concealed weapon, resisting arrest, and flight to avoid arrest.
An Internal Affairs investigation concluded that the arrest was proper and lawful. However, several months later Grant filed a civil rights action against the Charlotte County Sheriff’s Police claiming that Henderson had hit him with a pistol, a charge that Officer Henderson denies and one not supported by the medical evidence.
Several weeks ago, the United States Court of Appeals for the 11th Circuit granted Officer Henderson a new sentencing hearing because the federal sentencing guidelines used in 2004 are now unconstitutional.
The reasons that LELDF filed an appeal included:
1) The results of a polygraph test of Officer Henderson were excluded in the trial; 2) Other evidence supporting Officer Henderson’s version of the arrest was excluded; 3) Testimony of an expert on proper police procedures during an arrest was not permitted; and 4) Errors were made by the trial judge, including incorrect evidentiary rulings that allowed a witness to give an opinion.
The appeal was also based on a law that excluded police officers from the jury panel.
LELDF is waiting for the judge to set a new sentencing hearing. In the meantime, LELDF is filing a Writ of Certiorari with the Supreme Court to petition the high court to rule on the case.
