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A Kansas man was beaten, arrested and convicted. This bodycam footage cleared his name
Kansas City Star ^

Posted on 12/23/2017 9:59:51 AM PST by JP1201

The footage, released publicly by the city for the first time this month, cleared Morris’ and Becerra’s names in the September 2014 incident. They had been convicted in Topeka municipal court on charges ranging from assaulting an officer, disobeying an officer, disturbing the peace and interfering with law enforcement.

The judge vacated the sentences, and Morris was awarded a $40,000 settlement from the city of Topeka. Becerra received $10,000.

The video that exonerated them wasn’t released in time to make a difference before their trial.

After a judge had found both Morris and Becerra guilty on all counts, Luther Ganieany, a Topeka police legal advisor, raised concerns to the judge that the footage contradicted testimony given by officers. He requested that the judge reconsider the convictions.

Officers with the Topeka Police Department knew about the contents of the video in late September 2014, more than a month before the trial, Ganieany wrote in a motion.

But the department didn’t make the video available to the prosecution until just one hour before the trial “and made no indication that there was anything inconsistent with the officer’s report on the video,” Ganieany wrote.

(Excerpt) Read more at kansascity.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Kansas
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1 posted on 12/23/2017 9:59:51 AM PST by JP1201
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To: JP1201

Later


2 posted on 12/23/2017 10:02:19 AM PST by gaijin
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To: JP1201
But the department didn’t make the video available to the prosecution until just one hour before the trial
3 posted on 12/23/2017 10:04:24 AM PST by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: JP1201

“Two eventually returned to normal duty.”

“normal duty” for the cop that beat him up should consist of washing pots and pans in a prison kitchen.


4 posted on 12/23/2017 10:05:22 AM PST by LouieFisk
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To: NorthMountain

Thug behavior by the cops.


5 posted on 12/23/2017 10:16:33 AM PST by Delta 21 (Build The Wall !! Jail The Cankle !!)
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To: JP1201

He is white....nothing to see here move along


6 posted on 12/23/2017 10:20:41 AM PST by eartick (Been to the line in the sand and liked it, but ready to go again)
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To: NorthMountain

“But the department didn’t make the video available to the prosecution until just one hour before the trial “

Just like the US Attorney has done in the Bundy Trial in Las Vegas. But in that instance, the judge smelled a rat and called a mistrial. A lot of cops are worthless $hit and need to be purged from their jobs. Unfortunately, the “system” is designed to suppress the truth when necessary to “protect them.” If you really want to see law enforcement’s ugly underbelly, just file a complaint, against a cop like I did. You will be amazed at how they come after you. It’s ALL about protecting their “fellow officers.” In today’s world, you should ALWAYS have a camera handy. Just make sure they can’t confiscate it, because if they can, they will.


7 posted on 12/23/2017 10:20:41 AM PST by vette6387
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To: Delta 21

“Thug behavior by the cops.”

Tonton macoutes. Filthy bottom of the American barrel. Cops are going to wind up having to fight everyone else other than cops. From the FBI on down they have managed to become feared and hated by all.But I maintain that it starts at the top with the politicians who do the hiring, training and give them their marching orders.


8 posted on 12/23/2017 10:32:36 AM PST by Bonemaker
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To: LouieFisk

The officer who punched him resigned shortly afterwards.

The problem I have is this is a clear case of perjury. The settlement was paltry. He probably hired a 3rd rate lawyer or none at all and just took what was offered. Did he have public defender? It seems to me the first thing you would be asking to see was the body cams.

Other than that the guy was a complete slob and would have fared better had he just kept his voice down some and complied.

Anybody laying on the ground with their hands held behind their back would know there is no resistance possible. The police have all the leverage they need. Which means his obesity probably was the cause of the resistance.


9 posted on 12/23/2017 10:35:38 AM PST by Fhios (1987: Where's Waldo -- 2017: Where's Jeff Sessions.)
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To: JP1201
Again, this is half of why every police officer in every police department across the country should be required to wear a body cam. The other half is to protect police officers against false claims of improper behavior or violence. Protect the public from bad cops, protect good cops from false accusations - mandate the use of body cams and turn the video footage over to both prosecutors and defense attorneys immediately.


10 posted on 12/23/2017 10:36:18 AM PST by AnotherUnixGeek
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To: Fhios

“The officer who punched him resigned shortly afterwards.”

Should have been kicked off the PD and charged with assault. One of the rotten apples that cause people to think all cops are bad.


11 posted on 12/23/2017 10:39:17 AM PST by LouieFisk
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To: JP1201

We need a conservative version of the ACLU.


12 posted on 12/23/2017 10:45:17 AM PST by tired&retired (Blessings)
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I understand that there are bad cops. What I really hate is when other cops cover for the bad ones.


13 posted on 12/23/2017 10:52:11 AM PST by Kipp
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To: Bonemaker

IMHO, thug cops are what you get when you have thug prosecutors who don’t care about justice and the presumption of innocence. All they care about is winning cases at any cost. This is not going to change until the people say “enough!”, and I am not holding my breath for that. We have come a long way from ideals such as justice and freedom. Bread and circuses are foremost on just about everyones mind these days. Unfortunately, we have the justice system we deserve.


14 posted on 12/23/2017 10:58:59 AM PST by beef
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To: JP1201

“Morris was awarded a $40,000 settlement from the city of Topeka. Becerra received $10,000”

I would like to see at least one more zero behind each of those numbers.


15 posted on 12/23/2017 11:02:08 AM PST by beef
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To: JP1201
I'm sorry to say, but I believe most police have an "us vs them mentality." Like most government employees, they don't understand that they work for us. I think they see themselves as an above the law brotherhood and they generally cover for one another, even if it means planting/omitting evidence and lying. I would not trust a policeman as far as I can spit. If ever arrested, my lips will be sealed until my attorney arrives.

It's particularly bothersome that in our judicial system, e.g., facing a JP or judge, the word of a policemen is generally taken over the word of the one accused when there's no evidence except the opinion of the cop. Our justice system is skewed to favor prosecutors and cops over the citizen.

16 posted on 12/23/2017 11:07:42 AM PST by JesusIsLord
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To: Fhios
Which means his obesity probably was the cause of the resistance.

Yep. The guy said his arms don't stretch that far back. That is most likely true. The cop is guilty of assault for forcing them back beyond a severe pain threshold. Not everyone is a gymnast gumby doll, particularly when obese. When you're fat, it's hard to tie your shoelaces let alone reach behind your back. Cop (ex-cop) should be sued for every penny he's got, maybe jailed on the perjury charge.

17 posted on 12/23/2017 11:09:23 AM PST by roadcat
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To: JP1201

Sorry for any apologists out there, but I don’t trust cops anymore. Based on a personal experience of being pulled over, being charged, and the cop claiming, on the stand and under oath, what the dashboard cam and his own body cam disputed. The judge threw the charge out but it still cost me thousands in legal fees.


18 posted on 12/23/2017 11:10:28 AM PST by ExpatCanuck
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To: Fhios
Which means his obesity probably was the cause of the resistance.

Absolutely right! I've had rotator cuff surgery a number of years ago and the cops would likely tear the muscles in my shoulders if I were forced to be cuffed with my hands behind my back......

19 posted on 12/23/2017 11:18:06 AM PST by Hot Tabasco (My cat is not fat, she is just big boned........)
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To: JP1201

If anything justifies taking a knee, it’s crap like this.


20 posted on 12/23/2017 11:29:43 AM PST by sparklite2 (I hereby designate the ongoing kerfuffle Diddle-Gate.)
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