As published in today’s Times-Picayune.
http://www.nola.com/news/t-p/gill/index.ssf?/base/news-0/1129271520221610.xml
Beware upsetting our high-strung police
Friday, October 14, 2005
James Gill
Cops making a night-time arrest on Bourbon Street will routinely throw in a public intoxication charge which, justified or not, is very hard to beat. Often, of course, it is justified.
You wouldn’t want to bet that anyone hanging around there is stone-cold sober, unless a gang of evangelicals happens to be looking for souls to save.
But any sobersides caught up in the Vieux Carre sweep just has to take his medicine. The presumption is that anyone who falls foul of the police has committed excessive revelry. No blood-alcohol tests are required, and judges rely on what police department spokesman Marlon Defillo terms the arresting officer’s “expertise.”
When three cops are working together, their combined expertise should enable them to spot a drunk at a hundred paces.
It is unlikely, therefore, that the cops who beat up and arrested Robert Davis last weekend could really have thought he was blitzed, if, as he says, no liquor has passed his lips since a bender in 1980.
Davis was booked not only with being drunk but with resisting arrest, battery on a police officer and public intimidation – the standard litany of charges cops reach for when a citizen makes them mad.
The cops, caught by a news cameraman, looked pretty burly, but they must be delicate souls if they really found Davis, a 64-year-old retired elementary schoolteacher, as big a handful as the charge sheet suggests. The video does not give the impression that the cops found Davis intimidating. He was pretty much helpless as they delivered a pummeling. You’d be a sucker to take their word for anything.
Davis pleaded not guilty in court Wednesday and got a January trial date, but the charges will surely be dismissed long before then. It is not easy for the courts to defer to the expertise of cops who lay a drunk charge on a citizen whose temperate intimates vouch for his temperate habits.
It is possible that the cops made a mistake, albeit one that would bring their department’s fallibility to a new level. More likely, though, their real expertise is in lying. Every police department has its share of officers who are happy to fit up citizens with bogus charges, confident that the courts will take their word for it.
We evidently have our share of such officers here, although police union chief David Benelli points out that the camera caught the assault from only one angle and that due process needs to take its course. Fair enough. Those goons are entitled to a presumption of innocence.
Their trial is set a week later than Davis’, but few defendants face such damning evidence as this. The video makes for pretty disgusting viewing, but credit the officers’ lawyer, Frank DeSalvo, with giving us a good laugh nevertheless. They arrested Davis, DeSalvo said, because he was stumbling drunk and they were trying to protect him.
Let us all hope we never need protection from such cops as these. Davis sure wasn’t stumbling after they got through, because they had smashed him to the ground. He seems to have had no idea that the cop repeatedly punching him in the back of the neck was doing it for his own good.
Even if, as DeSalvo contended at a press conference Wednesday, Davis was not the innocent stroller he claims to be, no provocation from an elderly citizen can warrant such a violent reaction. These cops are toast. Once the criminal case is over, Davis will probably have a sure-fire civil claim. But that is by no means the end of the travails the police department has heaped on the city.
Officers allegedly rode around after the storm in Cadillacs removed from a dealership, while some 250 are under investigation for possible desertion.
Two days after the Davis beating, a couple of cops had an ugly run-in with relief workers handing out food in the park on Washington Square. The stress of Katrina has left a lot of us a bit ratty, no doubt, but the Police Department seems to be returning to the days when it was regarded as a public enemy, before it was restored under the Marc Morial administration.
The department has suffered “a massive collapse,” Morial told Agency France Presse, and we “are almost faced with rebuilding” it. Amid all the investigations of corruption in his administration, Morial has been pretty quiet lately, and must have relished the rare opportunity to make us yearn, in one respect at least, for the good old days when he was in charge.
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James Gill is a staff writer. He can be reached at (504) 826-3318 or at jgill@timespicayune.com.