PO LARRY NEVERS EXONERATED!!!

[celia]

Great News! I just learned that the Michigan Court of Appeals has overturned the Involuntary Manslaughter conviction of PO Larry Nevers in the death of cocaine addict Malice Green. This happened in 1992 and Nevers was first convicted of 2nd Degree Murder, then retried and convicted or Involuntary Manslaughter. He has spent 5 years in prison (much in solitary confinement), 1 year on the tether, and had 1 more year of probation left. Doctors had testified that Green died of Excited Delirium or a cocaine induced heart attack. Nevers had struck the violently resisting Green with his flashlight when Green grabbed his gun. Green suffered only several scalp cuts - no concussion or fracture - , but died in route to the hospital. The case occured just after the Rodney King acquitals and it quickly became a huge political lynching. I have put many facts and details on the Nevers and Budzyn Website if anyone is interested.

Here is a direct link to the Michigan Court of Appeals Opinion.

T h a l i a

P.S. If anyone has any information about cases involving cocaine Excited Delirium, please email me at [email protected] Thanks.

[ 03-07-2003, 01:21 PM: Message edited by: celia ]

[John Menso]

I followed this trial and saw every bit of testimony that Court TV covered.

My heart went out to these officers when they were convicted for acting in a manner consistent with their training.

The fact they were even charged with crimes, based on the evidence the State presented, made my skin crawl.

IMHO, there is *nothing* that can be done to make these officers whole again.

On the other hand, a few officers, including the supervisor in the Rodney King caper should have been convicted of the charges the State brought against them.

I wince everytime I see the videotape.

I can think of no reason why an unarmed man who was lying face down on the ground should be beaten like a wild animal.

I worked the streets in a violent community for over eight years. I recall very few incidents where I observed a NYC Police Officer strike a person with the full force of his or her night stick.

Have a good day,

John

[KenM]

quote:

---

Originally posted by John Menso:
I recall very few incidents where I observed a NYC Police Officer strike a person with the full force of his or her night stick.

---

If you watch the video, and if you know anything about a side-handle baton or it's use, you will notice there are VERY FEW power strikes in the POS Rodney King video. The majority of the "strikes" are actually administered when Powell (I believe that's his name) is holding the baton by the yawara...... Not the way to hold the weapon if you're going for power.

The fact also remains that if "Can't we all just get along" would have stopped in the 1st place, or if he would have done what he was asked to do in the 2nd place, he would not have gotten his *** kicked in the last place!!!

Sorry for hijacking this thread, but I get ticked every time someone mentions things along this line. I get even angrier because, unlike any other segment of society, it seems to be OK for us to suffer double jeopardy at the hands of the judicial system.

[KenM]

It is good news celia.

I remember watching as the verdict was read. It made me sick to my stomach.

[ateamer]

If you want to know why the officers in the Rodney King incident were not convicted of the state charges, read "Official Negligence", by Lou Cannon. Powell's strikes were weak, having very little force behind them when compared to a proper baton strike. They acted in accordance with LAPD training at the time, which was to strike the suspect until resistance stopped. Read the book and watch the video in its entirety.

As far as NYPD officers not striking with full force, if that is the case, they are doing it wrong. If a suspect uses force to the point where a baton strike is called for, there is no excuse for striking with less than 100% effort. If an officer strikes a suspect with every ounce of power he can muster, and with proper technique, the fight will be over in just a couple strikes.

If you have to hit someone, hit them hard enough to end the fight. Any fight you're in is worth ending NOW. If you don't see the need to strike the suspect full force, then either a baton strike is not justified in the first place, your training is deficient (and this is often the agency's fault) or your ability to perceive danger is lacking. (I mean "you" in a general sense, and am not referring to any particular officer.)

[celia]

As a contrast to the Rodney King case, in the Malice Green case there was no video. Both Larry and EMS witnesses testified that Larry struck Green outside the car, with only "flicks" of the wrist. Other witnesses (Green's addict friends) testified that PO Walter Budzyn had beaten Green viciously inside the car.

Walter Budzyn is still under conviction even though there was NO blood found in the car.

Again, Green had only superficial scalp cuts, no concussion, no fracture. The medical examiner testified that the worse injury (a 3 inch star-like cut on Green's forehead) was NOT caused by a flashlight (chances are Green hit his head when he fell out of the car BEFORE Nevers ever touched him).

[ 03-13-2003, 07:58 PM: Message edited by: celia ]