From the Chairman

It has been an exciting and productive year for the Law Enforcement Legal Defense Fund. A crowning achievement was the airing of the documentary "The Rodney King Incident: Race and Justice in America" on the Learning Channel in February. The film has been very well received nationwide. You can see a clip of it on our newly constructed Web site, www.leldf.com.

Because of your generous donations, we have made an impact in several important cases. Page three contains the happy news that Todd Sears' case was dismissed, due to the legal counsel we were able to secure for him. Also, Officer Ramiro Pena, whose case we detailed in the last two newsletters, is still waiting for the decision on reinstatement to the Muskegon (Michigan) Police Department after being acquitted of assault. We are hopeful that he will return to the force shortly.

Officer John Futrell of Los Angeles, whose story was on the front page of our last issue, is still awaiting trial. He is the police officer who arrived on the scene after a bank stickup and was put in charge of the bank robber who had been mortally wounded during the attempted holdup. The suspect died a few moments later, and his family sued Futrell for wrongful death. Futrell retired from the force shortly after the incident and received an award for 26 years of distinguished service to the force. Due to this case, however, he found it impossible to find suitable work in Los Angeles and took a one-year assignment to train police forces in Kosovo. We will keep you posted on his case.

Our newest cases, detailed on pages one and two, are both very significant. I am pleased that we have been able to give much-needed financial and legal assistance to Officers Scott Smith and Jeffrey Cooperstein. Their stories are very dramatic, and truly representative of the split-second decisions that police officers must make every day. We are working for a just decision in both cases.

 

   

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The Supreme Court has been very clear on use of force issue. The Court has said that it will look into the severity of the crime and examine if the suspect is actively resisting arrest or trying to evade arrest by fleeing. The Supreme Court in Graham v. Connor has established an "objective reasonableness test": What force would a reasonable officer on the scene have used, taking into account split-second decisions and judgments about the amount of force deemed necessary? The Court very clearly has stated that the motives or intent of the policeman should not be taken into account.

Recently, I gave a speech at the International Association of Police Unions in Boston. My thesis was that the media will often exploit highly charged cases, especially when "use of force" is an issue. Police work is tough and dangerous enough without having to worry that you will be sued by every criminal that you apprehend. If these types of cases continue to become politicized, we are going to have a difficult time in attracting good candidates for police work. I hope that more heroic stories of our brave police officers could be publicized, rather than the ones that put our brave officers in a bad light. 

Again, I appreciate your generosity in supporting our efforts to help defend police officers. If you have any questions or concerns, please feel free to contact me.

    Sincerely,

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