What Happened To Fouad Kaady

Former Sandy officer charged with ID theft, misconduct

noreply@blogger.com (PDX97217) — Sat, 15 Nov 2008 16:08:00 +0000

From the Oregonian, November 13 2008

A former Sandy police officer turned himself in to authorities today after he was charged with identity theft, first-degree official misconduct and misuse of a license.

William Jacob Bergin, 27, surrendered at the Clackamas County Jail after he was indicted by a grand jury. The indictment did not provide details of the accusations against Bergin.

He was released on his own recognizance, pending his Dec. 11 arraignment in Clackamas County Circuit Court.

In a written statement, the Sandy Police Department said, "Whenever someone in the law enforcement community, past or present, is accused of wrongdoing, law enforcement officers are hurt by it. We are saddened and embarrassed by this."

Sandy police declined further comment.

Bergin remains a defendant in a civil lawsuit filed in federal court after Bergin and sheriff's Deputy David Willard shot and killed a naked unarmed Portland man on a rural highway in 2005. The family of Fouad Kaady, 27, has hired high-profile, flamboyant defense attorney Gerry Spence of Wyoming to argue the lawsuit.

The suit names the city of Sandy, Clackamas County and the two officers and seeks monetary damages to be determined at trial for alleged civil rights violations, excessive force, unconstitutional arrest and wrongful death.

Bergin joined the Sandy Police Department in May 2005.

Officer goes on leave; target of investigation

noreply@blogger.com (PDX97217) — Fri, 22 Aug 2008 03:10:00 +0000

A Sandy police officer is on paid leave while investigators review allegations that surfaced from a separate inquiry into a Clackamas County deputy, Sandy Police Chief Harold Skelton said Wednesday.

William Jacob Bergin, 27, who has been with the Sandy department since May 2005, has been on leave since July 25. Skelton would not comment on the allegations.

Deputy Brandon S. Claggett, 37, who was assigned to the Mount Hood area, has been on leave since July 9.

Bergin was arrested last year in Sherwood on suspicion of driving under the influence of intoxicants and entered a diversion program. He was on workers' compensation leave stemming from his involvement in the fatal police shooting of Fouad Kaady in 2005.

William Bergin hits Rock Bottom (More Sordid Details on Killer Cop's Night Out)

noreply@blogger.com (PDX97217) — Sat, 09 Feb 2008 03:38:00 +0000

From Portland IndyMedia, by Cat

Last week, Portland Indymedia ran an article detailing the curious downfall of officer William Bergin, the cop who tortured and shot Fouad Kaady to death. Bergin, it seems, was arrested almost a year ago, after drunkenly menacing his former girlfriend at around 3 in the morning on March 8, 2007. I want to make it clear that this incident was a serious one, especially given Bergin's record as a killer. I would like to know why this man is still working as an officer of the law. More than that, I want to use Bergin's own testimony to point out that there is a culture of violence, cover-up and dishonesty in the Sandy PD that bears looking into, especially if one is interested in justice for the many people who have suffered violence and injustices at the hands of Sandy police officers and been ignored. So this week, I am going to quote liberally from the Sherwood police report describing his arrest and subsequent behavior and statements to the police.

On March 8, 2007, Sherwood police officers Newton and Johnson arrived at the home of Bergin's ex-girlfriend (whose name I will not share) to find Bergin just disappearing into the garage and closing the door behind himself. His ex-girlfriend was still inside the home, and was on the phone with police dispatch, asking if it was safe for her to come out. She said she would meet the officers at her front door. The officers told her to come on out. When she did so, the report notes, "She was crying and her hands were shaking." She did not know why Bergin was there, and said that she was uncomfortable having him there. Officers Newton and Johnson asked if she could let them into the garage so that they could talk to Bergin. Here is an excerpt from the police report:

"When I opened the door to the garage, I noticed a male on his knees picking at the door lock with a screwdriver. Immediately, I saw that his eyes were red, watery, glassy, and his face was flushed. There was also a strong odor of an alcoholic beverage coming from his person. The male, who was identified as William Bergin looked up at Officer Johnson and I and said, 'Oh shit.' When Mr. Bergin tried to stand up he fell forward and I had to take hold of his arm and help him up."

The report goes on to note that Bergin was swaying, his speech was slurred, and he was "having a hard time maintaining his balance." Here is another passage from the very long police report:

"I asked Mr. Bergin how much he had to drink tonight. He told me that he would just leave. He then started to walk out of the garage. As he started to walk out of the garage he lost his balance and started to fall to the left. He reached out his hand and I was able to catch him and keep him from falling to the ground. I helped him walk the rest of the way out of the garage by holding on to his right arm. Once we were outside he stumbled in front of his car and had to grab onto his car to regain his balance."

After this, officers asked Bergin how much he had to drink. He initially said he had had "a few drinks" at Kel's, and (appropriately enough) at Rock Bottom. He admitted to driving from downtown Portland out to his ex-girlfriend's Sherwood home. When the police asked him how long he had been at his girlfriend's house, he initially said 10 or 15 minutes, which matched what his girlfriend had told them. However, as you will see, his story changes as officers begin asking more questions. He was asked whether he had anything to drink after he got to her house. According to the report:

"He paused for a second and said, 'Um, yeah, I had two or three beers in the garage.' I asked him if he was being honest. He said, 'I am a cop, I know what's going on.' I asked him if he could show me where he put the beer cans of the beers [sic] that he just drank. He told me that they are somewhere in the garage and that he had a ton of beer cans in there. I asked him again how long he had been here and drank the beers. He told me that he has been here for about 45 minutes. I explained to him that he just told me that he has been here for 10-15 minutes. He said, 'No, I have been here.' He then asked if he could call a friend to come get him. His speech at this time was very slurred and hard to understand."

It is interesting to note that, as drunk as he was, Bergin was still about as adept as ever at covering up for himself. Because, in the above exchange, it is clear that he understands that the Sherwood officers are asking him whether he had anything to drink after arriving at his girlfriend's house in order to establish that he was driving drunk. "I'm a cop, I know what's going on," he said. And then he told them he had been drinking after he stopped driving, so that he could claim he was sober when he was driving. But he's as transparently bad at his lies while drunk as he is when sober. Because he was apparently unable to produce any empty beer cans. The officer's report continues:

"I told him that I was just doing my job and had to ask him these questions. I then asked him not to lie to me and to be honest with me about drinking. He told me that he is a cop and was sorry. I asked him again if he drank anything since he arrived here. He said, 'No, I have not had anything to drink here.' I asked him why he lied to me. He told me that he was a cop and knew the routine. As we were talking, Mr. Burgin [sic] seem to be having severe mood swings. He would be talking with me one minute and then the next minute he would be crying and mumbling to the point where I had to keep asking him to calm down because I was unable to understand anything he was saying."

Again, Bergin tells the officers that he is a cop and "knew the routine," and he appears to be explaining that this is why he lied. In other words, he knows what kind of evidence can be used against him, so he is carefully trying to tamper with that evidence. He is lying in order to cover up after himself, after doing something that he knows was wrong. This is a very interesting revelation, given the wild discrepancies between Mr. Bergin's story about what happened to Fouad Kaady and the stories of the many witnesses to that shooting. Was he lying to protect himself then, too? I have always believed so, given the overwhelming evidence in that case. But the corporate media just took his word for it all. Will they be able to do so now? Now that he's admitted that he fabricates evidence to protect himself?

But back to the report. Bergin then refuses to take any sobriety tests. Not only does he refuse initial field sobriety tests, but he later admits that he is stalling, in the hope that he might sober up before they are able to detect the amount of alcohol in his system. Again, to quote the report:

"I asked Mr. Burgin [sic] if he would be willing to perform some voluntary field sobriety tests. Mr. Burgin, 'No, I am a cop and I am not doing test.' He then started crying and told me that he is a cop and he shot someone. I informed him that I could imagine he is having a hard time, but I had to do my job."

I do not know what to make of Bergin's statement about shooting "someone." A skeptical part of me is angry that he would try to use the murder of Fouad Kaady to get off the hook like this. It's beyond grotesque that this murderer could attempt to use his victim in such a disgustingly self-serving manner. On the other hand, if he really is suffering as a result of the shooting, then perhaps he does have the kernel of a soul after all. This shooting SHOULD bother him. It should be destroying him. He tortured a bleeding accident victim, and then shot him to death for no reason. Afterward, he lied about the incident, and made the victim out to be some sort of "monster" who deserved the killing. This SHOULD hurt. It's hurt everyone else in the community -- particularly Mr. Kaady's family, I would think -- so he should be feeling this pain with every fiber of his being.

If he really is feeling this, and not merely using the shooting to invoke sympathy and get him off the hook, then perhaps there is hope of some salvation for him after all. It will not come easy, and it will not come soon. It will certainly not come without a lot of work on his part. As a comment below the previous story on this subject suggested, he will need to take responsibility for what he did before he can ever hope for any kind of forgiveness from this community, or from himself. And he will need to get rid of the badge. He is clearly neither capable nor deserving of holding a position of authority -- much less a gun -- over other people. His behavior and his words indicate someone who has a lot of power issues. He should never be in a position to hold power over other people again. But, if he really is suffering, perhaps he is less of a monster than his original behavior would appear, and more of a human being who has done a very bad thing and knows he must atone for it. One would think that this atonement would take some other form than drinking himself into a stupor and terrorizing women, though.....

Returning to the report, Officer Newton asks Bergin numerous times if he will take a sobriety test, and Bergin refuses each time. Officer Newton then attempted to read Bergin the "SFST Revised Admonishment" (in other words, explaining that he needs to take the test or face arrest). Bergin interrupted to remind the officer, yet again, that he's a cop and knows all this stuff, and no, no test. At that point, according to the report, "He then stumbled forward and fell back against his car. I noticed that at this time he appeared to be having a hard time holding his eyes open." Bergin was then placed under arrest at 3:41am."

When they arrived at the police station, Bergin lost his balance as he was stumbling out of the police car. According to Newton, "He had a hard time maintaining his balance and could barely walk." Again, this is a man who just drove himself, in a large, red, SUV (a Chevy blazer), all the way from downtown Portland out to Sherwood.

Once inside the police station, officers attempted to check the level of alcohol in Bergin's system using the sci-fi sounding "Intoxilizer 8000 internal clock." However, Bergin said that he wanted to talk to his lawyer, and that he would take twenty minutes to do so. He was given a telephone and left alone to make his call. And here, things get strange. To quote the report:

"At about 4:20am, Officer Johnson contacted me and asked me if Mr. Burgin was making phone calls. I told him that he was in the holding cell talking with his lawyer. Officer Johnson informed me that [ex girlfriend's name] just ran up to him and that Bill was calling her from the police phone. He told me that she reported that he left her a voice message saying that when he is released he is going to put a bullet in his head. At that time dispatch also called me and informed me that [ex girlfriend's name] called them and reported that her ex-boyfriend was calling repeatedly from 503-625-5522, which is the department's number. Dispatched [sic] informed me that he was threatening to hurt himself."

So Bergin, given the opportunity to call a lawyer, chose to call and harass his former girlfriend instead. He then lies about it. Newton's report goes on:

"I went back into the holding cell and asked Mr. Bergin what he was doing. He told me that he was trying to call a lawyer. I informed him that I knew he was calling his ex-girlfriend. He asked me if I was monitoring his phone calls. I told him that the other Officer was still at his ex-girlfriend's house. He told me that he called her once. I asked him why he would call her when I advised him to only call a lawyer. He told me that he had to talk with her. I asked him why he was threatening to hurt himself. He told me that he did not and said that he was sorry. I told him that this time was given to him to call a lawyer and that what he was doing was inappropriate. He again said he was sorry and asked if he could try two more calls to contact a lawyer. I told him that I would allow him five more minutes to contact a lawyer. A few minutes later he waved me back into the room and said that he was done. He said that he was able to talk with a lawyer and that he would take the breath test."

It is worth noting, again, that Bergin appears to be very comfortable with lying to cover up for himself. It is also important to acknowledge that his threat to "put a bullet in his head" is a classic ploy used by perpetrators of domestic violence. Men who want to control women often threaten to kill themselves in order to manipulate their victims. As a former domestic violence counselor, I can say with some confidence that this is generally regarded as a very dangerous symptom among perpetrators. When a woman takes control over her life by ending a relationship with an abuser, it can be a very dangerous time for her. Abusive males seek to hold power over their victims, and can become very manipulative, and often very enraged, when they see that power slipping away from them. Murder-suicides are more common at this time. (See, for example, link to www.ilrctbay.com.)

Bergin obfuscates some more at the police department, telling officers that he only drank two beers at Kel's and two beers at Rock Bottom, between 9pm and 3am. He continues to stall, trying to sober up before a sobriety test can be performed. Again, quoting from the report:

"I asked him why he lied to me about drinking after he drove to his ex's house. He told me that he was sorry and that he will blame it on nerves. I also asked him if he was on any medications. He told me that he took one 100mg Trazadone and one 10mg Celexa. He also said that he is on Wellbutrin, but did not take any today. I asked him if he was supposed to mix alcohol with the medication. He told me that he could have a few drinks, but not to many [sic]. I asked him when he took his medication. He told me that he took it 6-8 hours ago. I asked him how the medication makes him feel. He told me that the Celexa makes him really light headed. I asked him if he felt the effects of the alcohol tonight. He said, 'Nope.' I asked him if he was being honest with me. He said, 'Yup, I am being honest, I mean come on I have to try you can understand.' I asked him why he lied to me and called his girlfriend. He told me that he called his girlfriend and a union rep. He then said well the more time that goes by the better off I am. He then asked me what I think he was going to blow. I informed him that I felt he had too much to drink. He said, 'O it has been a lot of time, so who knows I could blow under a .08%.' He then said, 'I'm around a .09 or .10 I bet.'"

So again, we can see that Bergin is playing the system, angling around to escape responsibility for the crime he knows he has committed. He admits that he has been stalling for time, and that he thinks he may have stalled long enough to beat the DUI charges. Although he stalled until after 4:30am, however, his ploy did not work. At 4:50am, his blood alcohol content was recorded at .12%. Newton notes, "As the breath test was printing, Mr. Bergin just kept saying "fuck, well good thing for diversion." In other words, still angling to avoid any consequences for his actions.

Finally, according to Newton's report:

"As I was completing the paperwork for Mr. Bergin asked me if I could just take him to Detox [sic]. He said that he has pulled over plenty of drunken cops and has given them a ride home. I informed him that I had to do my job and that Detox was not an option, he was already arrested. He told me that in Sandy it is still the 'good old boy' system and he could just go to Detox or home. I informed him that I had a job to do and it was nothing personal. He told me that he understood and apologized for trying to mess with me. He told me that it was at least worth a shot."

I actually find this to be the most revealing statement in the entire report. It's not that those of us who paid any attention to the abuses going on out in Sandy did not already know that there is a very serious "good old boy" problem going on out there. But to have it spoken aloud, by the biggest old boy himself, that's quite a confession. It blows apart any plausible deniability that the Sandy city government may have claimed.

I take no joy in pointing out this man's obvious personal pathologies. If he were an ordinary private citizen who did not carry a gun and a badge, who had not already tortured and killed an unarmed accident victim for no apparent reason, then I would leave him to his own implosion. But he is not an ordinary private citizen. He is a police officer, with power over the people of Sandy. Power that he is prone to mis-using. He has killed someone, and he got away with it. And then, the corporate media took his word for gospel when he lied and obfuscated about what really happened. They let him define who Fouad Kaady had been. They let him portray his innocent victim as a "monster," as a drug addict, as a freak. These are labels that did not fit Fouad Kaady, but they do fit Mr. Bergin. And where is the corporate media now? Are they so willing to drag a man's name through the mud, so long as he is "just an ordinary guy," and yet so unwilling to tarnish the good name of an officer of the law, no matter how ill-suited that good name may be? Why? Who do they work for?

The problems in Sandy go much deeper than this one man, and the public should know this. As Bergin himself has stated, there is a "good old boy system" in Sandy, that has caused immeasurable suffering for the people of that town. The Fouad Kaady murder has helped to bring this nest of nasties to light, but Mr. Kaady was not their only victim. For years, the people of Sandy have been telling horrific tales of racism, abuse, persecution, and cover-up. And for just as long, they have been ignored. Carlos Rubio and his family were hounded by police until they feared for their very lives. Carlos was falsely arrested, and then disappeared shortly after police threatened him in front of his family. He was later found dead under very mysterious circumstances. Juan Rubio, Carlos's father, who surely had already lost enough at the hands of the Sandy police, was then hounded by officers as well. He was threatened and called racist names, and when he demanded accountability from Chief Harold Skelton, Skelton had him arrested. So Mr. Bergin is not an isolated individual. He is one small bacteria in an oozing petri dish of disease. And it is time for some disinfectant.

I encourage anyone who would like to independently verify the facts in this article to contact the Sherwood police and ask for a copy of the paperwork involved with Case #07240403. You may reach the Sherwood police dept here:

Address: 20495 SW Borchers Dr. Sherwood, OR 97140
Business Hours: M-F 8:00AM - 5:00PM (503)625-5523
After Hours & Holidays: (503)629-0111

You may also wish to call the Sandy PD. The Sandy police are a little more difficult to reach, and a lot more dangerous. So be intrepid, and be careful. This is their contact info:

Business hours: 8am-6pm Monday-Friday, office number 503-668-5566
38970 Proctor Blvd., Sandy, Oregon 97055
FAX 503-668-4093

According to the police report, however, Mr. Bergin can be reached at 503-668-9186. So this might be a more direct line, should anyone care to get a comment from him personally.

If anyone can reach Mr. Skelton, the Sandy police chief, to see how he can justify keeping this disturbed and violent man on the police force, I would be very interested to hear what he has to say. Please feel free to become the media, and post what you find out here. It's going to take a lot of us, working together, to find out what's really going on over in the Sandy police dept, and to shake that old boy system apart.

Sandy officer's DUII arrest surfaces

noreply@blogger.com (PDX97217) — Thu, 07 Feb 2008 03:52:00 +0000

From the Sandy Post

A Sandy police officer was arrested for driving under the influence of intoxicants while off-duty in Sherwood, recent court proceedings revealed.

Sherwood officers took William J. Bergin, 26, into custody early on March 8, 2007, after he showed up to his ex-girlfriend’s house drunk. According to police reports, he then repeatedly lied to officers, refused a breath test and threatened to hurt himself.

The information surfaced several weeks ago, during depositions for the federal lawsuit contesting the fatal police shooting of Fouad Kaady in 2005 – of which Bergin was a part. Kaady family attorney Michelle Burrows’ law office said the information wasn’t entirely important to their case, however, it was used as a test to see if Bergin would lie about what happened.

He didn’t.

At about 3:21 a.m. March 8, 2007, Amy Lynn Seely called Sherwood Police in tears, telling them that her ex-boyfriend, Bergin, had showed up at her house, unwanted, according to police reports. Bergin was off duty at the time, on personal leave.

Seely told authorities that Bergin probably was there to collect some of his items, since he was in the process of moving out of the Bedstraw Terrace home, but she didn’t feel comfortable with him there at such a late hour. She said he had been having emotional problems since the 2005 shooting.

When police arrived at the house, they found Bergin on his knees in the garage, trying to get inside the house by picking the door lock with a screwdriver.

“It was apparent to me that Mr. Bergin was likely intoxicated,” wrote Officer Randy Johnson. “(His) eyes were watery and bloodshot and his movements were slow and lethargic.”

For at least the next hour, Bergin had trouble keeping his balance, and officers caught him several times as he stumbled.

Bergin told the Sherwood officers that he was at the house to get some of his personal belongings and tools.

When Officer Jason Newton asked Bergin how much he had to drink, Bergin replied, “I don’t know, I had a few drinks downtown,” later specifying that he had four drinks at Rock Bottom and Kell’s Pub.

He admitted that after having four drinks in downtown Portland, he drove 18 miles to Sherwood. Then he said he drank two or three more beers in the garage.

He changed his story a couple times, the report stated.

“I asked him why he lied to me,” Officer Jason Newton wrote. “He told me that he was a cop and knew the routine.”

Bergin refused to perform voluntary field sobriety tests, saying, “No, I am a cop; I am not doing (a) test.” He said that as someone who nabs about three DUII drivers a week in Sandy, he knew the drill.

Bergin’s behavior stuck out to Newton.

“As we were talking, Mr. Bergin seemed to be having severe mood swings,” he wrote. “He would be talking with me one minute and then the next minute he would be crying and mumbling to the point where I had to keep asking him to calm down …”

According to the report, Bergin started crying, mentioning that he had shot Kaady.

“I informed him that I could (imagine) that he is having a hard time, but I had to do my job,” Newton wrote.

About an hour and a half after police were dispatched, Bergin agreed to take a breath test, and registered a blood-alcohol content of 0.12 percent, above the legal limit of 0.08.

At the Sherwood Police Department, Bergin asked to call his attorney alone in his holding cell. When given the chance, however, he decided to call Seely instead.

Officer Johnson, still at Seely’s house, was about to clear the scene, when Seely ran up to him.

“She was crying and told me she just got three or four calls coming from Bill,” Johnson said.

After Seely told Bergin their relationship was over, Bergin hung up the phone. He then called two more times, leaving chilling voicemail messages.

On one, Bergin said, “I hope you are happy because I’m dead!” On another he said, “Apparently you don’t care, I love you anyways. I’m done; I lost my job, my career, this is the last straw!”

He ended the message by saying, “I will get access to a gun and as soon as I am released I’m going to put a bullet in my head.”

Bergin later revealed that he was taking the antidepressants Trazodone and Celexa, as well as Wellbutrin.

(Recent studies have revealed that those antidepressants increase the risk of suicidal thinking and behavior.)

As Newton completed Bergin’s paperwork, Bergin asked him if he could just go to Detox. He then told Newton that he “has pulled over plenty of drunken cops, and has given them a ride home,” the report stated.

“He told me that in Sandy it is still the ‘good old boy’ system, and he could just go to Detox or home,” Newton wrote. “I informed him that I had a job to do and that it was nothing personal.”

Sandy Police Chief Harold Skelton denied that claim, stating, “Drunk people will say anything.”

Bruce Mowry, an attorney representing the city, wondered if Bergin was responsible for what he said when he was drunk, and said that it’s important to consider the context of the statements.

Bergin was lodged at the Washington County Jail, and his bail was set at $3,710 – the standard for misdemeanor crimes. He also paid $408 in court fees.

The officer opted to enter a one-year diversion program. Diversion, a program designed for first-time offenders, allows lawbreakers to enter into counseling and/or community service work. At the end of diversion, the case is dismissed.

Bergin’s diversion ends April 9.

Reaction

Chief Skelton found himself in uncharted territory when he was notified of the incident in the middle of the night. Flabbergasted at what he said was one of the department’s worst personnel crises, he consulted others to come up with an appropriate response to Bergin’s actions.

“I checked with other chiefs who have had similar incidents, as well as legal counsel and labor attorneys, and they suggested things to help,” Skelton said. That advice led him to levy a punishment he said was “probably the most harsh any of us have faced in the 30-plus years I’ve been here.”

City officials wouldn’t specify what the punishment entailed, calling it a private personnel matter.

“It was an off-duty incident, but the city responded appropriately,” said Bruce Mowery, an attorney representing the police department in several lawsuits. “It was not ignored; if anyone thinks the city ignored it, they’re sadly mistaken.”

Sandy Mayor Linda Malone would not comment on the incident, due to its connection to the ongoing Kaady case.

Eriks Gabliks, spokesman for the Oregon Department of Public Safety Standards and Training, said that when it comes to disciplinary action for officers arrested for DUII, there is no norm.

“It’s very much handled on an agency-by-agency basis,” Gabliks said. Punishments range from immediate dismissal to reassignment, and everything in between. It all depends on what occurred during the incident and each department’s policies and procedures.

“We understand that officers make mistakes, make poor decisions in their life,” Gabliks said. “And DUII, unfortunately, is one of those for some people.”

He said an officer’s certification is not typically at risk for a first-time DUII offender.

“You’ll never hear us say we stand behind officers that drink and drive,” Gabliks said. “We don’t stand behind inappropriate decisions.”

Burrows, the Kaady attorney, says Bergin’s punishment didn’t go far enough.

“He should be fired,” Burrows said. “If not for the shooting, for the DUII.

“My guess is that after I talked to him, this (the shooting) has completely traumatized him,” Burrows continued. “He told me he has a hard time pulling people over. I don’t think he can function anymore; he shouldn’t be a police officer.”

The city disagrees. They say Bergin has got his life back together, and is a productive, upbeat, rehabilitated member of the department.

“He went to court, and took responsibility for what he did,” he said, noting that Bergin also wrote a letter of apology to the entire department. “He did everything and beyond what the courts asked him to do. Before he came back, he was thoroughly examined, and was 100 percent fit for duty.”

Bergin has reportedly given up alcohol, not touching a drop since his arrest. He recently was given the task of being the field-training officer for new police recruit Lewis Sytsma.

“If I didn’t think he was stable, I would not have given him that responsibility,” Skelton said. Although dealing with a disorder that has left many officers “surly,” Skelton said, Bergin has shown himself to be positive and competent.

City officials believe that the use of this incident in the Kaady case is an attempt to discredit the entire Sandy Police Department.

“Why would someone want to resurrect an off-duty incident that happened about a year ago?” Mowery asked. “It must be a psychological ploy, hoping to somehow upset and destroy Bill Bergin … and take advantage of it somehow.”

Skelton says that while the department takes the incident very seriously, he also understands the level of stress Bergin has dealt with since the September 2005 shooting.

“It’s been real hard for him,” the chief said. “I know a lot of people who have been involved in shootings, and everyone says it changed them.”

Some of those officers, he said, went on and finished their careers, but others – about 80 percent – ended their career in law enforcement within five years of a shooting.

“Bill Bergin is a victim of a tragic scenario that he had limited participation in, with quickly unfolding events, and not a lot of time for reflection,” Mowery said. “Some people may have handled it better than he did, but he got help, and it’s worked well. He’s got his life back together.”

“You know, he’s been going through some hard times,” Mayor Malone said of Bergin. “The chief is responsible for determining whether an officer is fit for duty. He has made that call, and at some point we’ll decide whether that call was the right call.”

Officer William Bergin: Killer, Liar, Perpetrator, Convicted Criminal

noreply@blogger.com (PDX97217) — Sat, 02 Feb 2008 18:34:00 +0000

from Portland IndyMedia
On March 8th, 2007, a year and a half after he gunned down Fouad Kaady in the streets of Sandy, officer William Bergin had another kind of showdown, in another kind of town... A town where police officers are not so quick on the trigger, and not so shy on the truth.

Bergin, a violent and angry man, showed up at the home of his former girlfriend, in the wee hours of the morning, around 3am. He was drunk, he was frightening, and he was despicable. His ex girlfriend was terrified. With a shaking voice, she called the Sherwood police in tears, requesting assistance. When the police arrived at her home, they found the drunk and belligerent Bergin, and arrested him. He was charged with DUI, and taken downtown. So far as I know, despite the presence of intoxicants in his system, and despite his bizarre behavior, no one tasered him, and no one shot him. Apparently, Sherwood is a more enlightened town than Sandy.

According to the police report detailing this disturbing event, Bergin initially refused to take a breath test to determine the alcohol content in his bloodstream. He was belligerent and non-cooperative with the Sherwood police, at one point demanding that they just let him go, just drop him off at detox. He told them that he has done that for other officers in his situation many times. (An interesting revelation, to be sure.) He also made it clear to them that, in Sandy, cops do not treat cops so shabbily, due to the "old boys" network that we've all suspected but never heard from the horses' mouth before. To their credit, the Sherwood officers informed him that, as this is not Sandy, they would be expected to actually do their jobs here.

Mr. Bergin demanded that he be allowed to call his attorney. He was given access to privacy and a telephone to make his one phone call, but he elected not to call an attorney. Instead, he called, of all people, his ex girlfriend. Yes, the very one whose home he was arrested in front of earlier in the night. He left a voice mail, thankfully, so that there is a record of the entire call. He told the woman that he hoped she was happy with herself, and that "I'm done." He said that this incident would mean the end of his career, that he would be fired, and again, "I'm done." (One would have thought so. But that's not how they do things out in Sandy. Not when you're a good ol' boy.) He then told her that, as soon as he gets out of jail, and as soon as he could get a gun in his hand, he intended to "put a bullet in my head."

But he did not lose his job, and he did not kill himself. Instead, Bergin's miraculously bullet-free head can still be seen, these days, propping up his police hat in the streets of Sandy. Because, despite his violent behavior, despite his inability to follow the laws he is supposed to be upholding, and despite Bergin's admission that he readily skirts the law according to who the perpetrator is, chief Harold Skelton thinks he's "the right stuff" for the Sandy PD. It cannot be argued that Skelton did not know about this incident. Because, while they were still holding Bergin in their jail, the Sherwood police department contacted the Sandy police department to let Sandy know that they had one of their "good ol' boys" in their pen. And it was Chief Skelton himself who returned the call. He actually had the nerve to ask for leniency for Bergin. He told them that Bergin was simply "going through a rough patch." He then told them, in order to plead his case, that Bergin had been having severe emotional difficulties ever since... a shooting incident.

In other words, for a year and a half after Bergin brutally tortured and then killed an unarmed, bleeding accident victim, he has been having "emotional problems." And Skelton, the chief of the Sandy police, knew of Bergin's mental health problems all that time. ...and he kept him armed and out on the streets of Sandy anyway.

Bergin's arrest happened just shy of a year ago. The Kaady killing was nearly two and a half years ago. And yet, Bergin has kept his job as a police officer. What can they be thinking out there? Is there nothing that the citizens of Sandy can do to protect themselves from such a violent and unstable man?

As I reported yesterday, domestic violence is an enormous problem among police officers. Sometimes, this epidemic of violence makes the news, as when Tacoma police chief David Brame shot his estranged wife and himself in front of their two small children in 2003. Usually, however, this abuse is shrouded in secrecy. As Bergin's abuse has been, until now.

Police officers who abuse their spouses and partners are an especially dangerous subset of the population, because they have the means to stalk, harass, and oppress their victims more than ordinary citizens. They have access to all the tools of law enforcement to intrude upon their victim's private lives, they have weapons, and they have friends who can help them evade responsibility for their actions. They have first-name relationships with judges, prosecutors, and fellow officers, and are often not held accountable for their abuse. It's been very difficult to get police officers to recognize domestic violence as a criminal matter at all. When the abuse involves a fellow officer, they are even less likely to consider the incident to be a crime, no matter how serious.

It's a very serious breach of the public trust when an officer who has been a perpetrator of domestic violence is allowed to continue to work in a position of authority, carrying a badge and a gun. How are we to expect him to react when he is expected to respond to a domestic violence call? Will he take the crime seriously? Or will he identify with the perpetrator?

It is also a serious breach of the public trust for an officer to treat defendants differently according to who they are, and who they know. Justice itself depends upon all people being treated equally in the eyes of the law. Bergin, in his drunken stupor, let it slip from his mouth that, in Sandy anyway, this is not how things work. One would hope that a revelation such as this one would lead to some house cleaning out there. (It's high time that Chief Skelton, and all his good ol' boys, be swept out of Dodge. If anyone is awake over at the Sandy city hall, one would think that some kind of action would be taken once this information reaches the public.)

But these revelations call into question more than just the character and judgment of officer Bergin or chief Skelton. They also call into question everything that Bergin said in his statement regarding the killing of Fouad Kaady. As damning as his own words were in that statement, it is clear that there is much more to that story than he was willing to tell. It's also pretty clear that, by his own admission, he is not above bending the law to protect fellow officers, and he expects his fellow officers to do the same for him. So the places where officer Bergin's and Deputy Willard's statements regarding the Kaady killing differ from the statements of the many witnesses to that event become even more suspect.

Another Month of Delayed Justice for Fouad Kaady

noreply@blogger.com (Psyche Med) — Fri, 08 Jun 2007 05:47:00 +0000

author: Lew - published on Portland IndyMedia

I think by now, most readers of Indymedia are aware of the circumstances surrounding the death of Fouad Kaady. If not, search out a copy of a very fine video (now on DVD!), "28 Seconds: The Killing of Fouad Kaady." You will be astounded.

If you ever believed that the system of justice works, you will re assess your views. Since another month has passed without justice, I need to publish a reminder. It is all I can do.

A short synopsis here: On September 8, 2005, 27 year old Fouad Kaady was involved in several wrecks, described by police as hit and run incidents. Investigation reveals that he was probably on fire at the time, so he might be forgiven for failure to stop and render aid. He was transporting gasoline in his father's vehicle, in an attempt to bring fuel to his own vehicle which was out of gas. At some point, apparently the gasoline burst into flames.

Fouad was first observed, driving erratically (go figure) , and appeared to be waving his arms wildly. The car appeared to be cloudy inside, possibly from smoke. After striking a couple of vehicles (no injuries), he ran his father's car off of the road, and bailed out, shedding his remaining clothes which were on fire. He was pretty likely in shock, and a great deal of pain (police described him as very badly burned, skin hanging from his body, and bleeding.) He ran into the woods.

Enter the first responders: Fire department and EMTs were first on the scene, which was soon saturated with police. Two intrepid officers (Clackamas County Deputy David Willard, and Sandy Police Officer William Bergin) were first to locate the victim who was (in the officer's words) "seated Indian style alongside the road, rocking back and forth, moaning, and catatonic." The officers both stated that they knew immediately that the naked man was unarmed, but for some reason began shouting unreasonable orders (to lay his burned body on the hot pavement), and when they were not obeyed, began discharging both of their tasers into the victim. When this senseless response to an obviously injured and in shock victim failed to immediately achieve the desired results (results which neither officer could articulate), the victim fled the pain. He jumped up to the top of the police cruiser, which in Oregon is apparently a capital offense. At this time, because neither officer was willing to touch his bloody body, they chose instead, to exterminated him.

This obvious miscarriage of any form of justice was given sanction by the District Attorney, who could not seem to find an indictment to save his career. Then, the Sheriff even went so far as to state that good police guidelines were followed, and no policies were violated.

We disagree. Apparently, we are not alone, as the Gerry Spence (Ruby Ridge, Silkwood, and many other high profile cases) Law Firm has taken the civil case pro bono. See the film, see if you agree. It is available on You Tube at the following links, but the DVD is much easier to watch. Keep watching in your local library or supermarket, for free copies.

the state of mind of kaady's killers

noreply@blogger.com (Psyche Med) — Mon, 28 May 2007 05:39:00 +0000

author: global roaming - published in Portland IndyMedia

Fouad Kaady was killed on September 8 2005, by a Clackamas County Sherriff's deputy named David Willard and Sandy police officer William Bergin, despite being unarmed and seriously injured from burns. He had evidently torn his clothes off to escape the flames of a fire in his motor vehicle.

The basic scenario is so outrageous that it has left many people completely appalled. But one thing that hasn't been talked about much is the state of mind of the cops who killed Kaady.

Fouad Kaady was killed on September 8 2005, by a Clackamas County Sherriff's deputy named David Willard and a City of Sandy police officer named William Bergin, despite being unarmed and seriously injured from burns. He had evidently torn his clothes off to escape the flames of a fire in his motor vehicle.

The basic scenario is so outrageous that it has left many people completely appalled. But one thing that hasn't been talked about much is the state of mind of the cops who killed Kaady.

The officers responded to a series of calls reporting a vehicle fire and a number of ensuing hit-and-run collisions, and reports of an irrational, severely injured burn victim running naked from the scene. (See http://www.sandypost.com/news/story.php?story_id=115654635282841200)

Officers chose to focus on suggestions that the man was "irrational" and -- they surmised -- "on drugs," as a catchall to explain "irrational" behavior, and chose to react by treating Kaady as a "suspect" instead of a citizen in need of urgent assistance.

This initial choice on their part proved disastrous. Even though they observed, by their own admission, that the man was in a "catatonic" state and incapable of following their orders, they proceeded to bark a series of senseless orders at him, including trying to force him to lie on the ground, a totally illogical demand in view of Kaady's burn injuries. When he refused to heed these commands, they immediately escalated to "less lethal" weapons (tasers), and finally, when Kaady attempted to flee, they shot him to death, citing his proximity to an unattended weapon they had left on the hood of their squad car as the reason.

It seems clear that the reports the officers received from witnesses of Kaady's behavior prior to their confrontation with him completely framed their own eventual interactions with him. Over and over again, they cited their fear of coming into physical contact with him, emphasizing that he was "covered in blood." They explicitly described their fear of contracting blood-borne pathogens, which risk they thought was heightened by their assumption that the man "must be a drug user." This fear of coming into physical contact with the man they killed helps explain their rapid escalation to force, and finally lethal force.

When the officers were asked if they could have or should have handled the situation differently or better, they responded "no."

Despite the appalling mistakes committed by the officers, it seems patently unlikely that they were motivated by bloodlust, and wholly believable that they were in fact "afraid," afraid of fantasies concocted in their own imaginations on the strength of partial and partially digested reports from previous eyewitnesses. Out of these reports they concocted a scenario of a "bloody, deranged drug addict," possibly infected with hepatitis or HIV, against whom they had to protect themselves. All of these notions turned out to be totally false.

Based on what we know so far, it would probably be a mistake to paint the officers involved in the killing as being far outside the norm. It is not at all hard to believe that many if not most other officers, faced with the same circumstances, would make the same or similarly appalling errors in judgment. Hence the quick decision by the Grand Jury not to prosecute them. Of course, however, all of this makes the situation MORE APPALLING, not less. Because the odds are that, even were Willard and Bergin cashiered, even prosecuted, the underlying social and cultural assumptions that led the officers to behave as they did would persist unaltered amongst the rest of their colleagues.

Thus, it could be useful for those who know more about the case to explore the ramifications of the state of mind of the officers, their cultural and social backgrounds and assumptions, and how prevalent the same assumptions are amongst their colleagues. Because unless these underlying mental dynamics are challenged and altered, it is inevitable that tragedies like the one that befell Kaady will happen again, if not at the hands of these officers, then by their colleagues.

28 seconds : The Killing of Fouad Kaady Now On Youtube

noreply@blogger.com (Psyche Med) — Sat, 28 Apr 2007 05:44:00 +0000

author: Videoista - published on Portland IndyMedia

28 seconds : The Killing of Fouad Kaady is now online on youtube.

Youtube links 1 through 5. You can also look up more video's under youtube user name "portlandvftr."

part 1 of 5: http://www.youtube.com/watch?v=W8WijDe5BhQ

part 2 of 5: http://www.youtube.com/watch?v=ZVS-Fba0ExU

part 3 of 5: http://www.youtube.com/watch?v=8-JPZOI8hbc

part 4 of 5: http://www.youtube.com/watch?v=i_0zb02wORc

part 5 of 5: http://www.youtube.com/watch?v=BJNNG4o0d1A

In the early afternoon of September 8, 2005, police encountered Fouad Kaady shortly after he was in an accident that left him in shock and bleeding, burned over much of his body. Rather than calling for medical help, the police commanded him to lie on the pavement, even though they could see the burned flesh hanging from his body, and even though they said he appeared to be "in a catatonic state." When he did not comply with their orders, but instead continued to sit on the ground in a daze, they tasered him repeatedly. And then, they shot him to death.

In a report that was typical of the corporate media's response to this killing, Channel 8's ever-mealy-mouthed Kyle Iboshi held up a wad of papers left over from the "investigation" into the death, saying, "you can see how extensive this investigation was." He then commenced to highlight (literally, with a yellow highlighter pen) what he claimed to be the relevant details of the case. Not surprisingly, Iboshi was very selective in what he chose to focus on. He accepted, without question, everything that the PIO had told him to say. He never asked a single question about why two officers might have shot an obviously unarmed man to death. And, he concluded his report by implying that Kaady must have been "on drugs" at the time of the killing, as if that might excuse the officers' behavior.

And so, in a pattern of violence that is repeated almost every day in this country, the police got away with murder. So far, anyway. They did so because they have the power and the authority to carry guns and to use them, and to avoid facing the consequences of their actions. And, they got away with it because the complicit corporate media helped them to weave a story that would lull the public into silence. As in so many incidents like this one, they told a story that was engineered to cause people to blame the victim, and accept the violence. No questions asked.

The truth about what happened to Fouad Kaady is important. It's important to bear witness when a member of our community is cut down like this. It's important to stand up for the person he might have been, rather than accepting the media's portrayal of him as merely some drug-crazed monster who "had it coming." It's important to know just how deep the culture of police violence runs through our cities and towns, and just how fist-in-glove the corporate media has been with the police state. And that's why this video is important. Even if you think you know the story, you're not going to believe this. Over the course of a year and a half, Videoistas painfully and meticulously gathered evidence, combed through records and reports, spoke with witnesses, and pieced together the real story. It's much more disturbing than what you might have seen on KATU, but it's the truth. And the least we can do for a fallen comrade is to take the time to learn the truth about what really happened to him.

Believe it or not, this story is told in the officers' own words. And you won't even believe what you hear.

No, I'm Not Okay

noreply@blogger.com (Psyche Med) — Tue, 24 Apr 2007 06:17:00 +0000

published in Slabtown Chronicle

No-one really knows what happened to Fouad Kaady, 27, a Lebanese-American resident of Gresham, OR before he was shot to death by a Clackamas County Sheriff’s Deputy and a Sandy Police Officer on September 8, 2005. What we do know is that he is dead and the circumstances of his death raise serious questions about how police handle confrontations with injured and angry people.

The Clackamas County Shooting Review Board found that Deputy Dave Willard, one of the officers who fired shots at the naked, bleeding young man, had “acted within existing rules and regulations and according to current training.” If this is true, there should probably be some changes made to current training and existing rules and regulations.

Kaady’s death has become such a polarizing political issue that it is difficult to separate fact from opinion. The Sandy Post, a local paper in the Portland suburb, won an award for its reporting on this case and their website provides the clearest information. From their reporting of the police files released in October, 2005 it is clear that police acted in fear and created as much danger for the community as Kaady did. It is also clear that the officers distorted the facts in their version of the story.

Officers say that they feared the young man, who was bleeding severely from injuries and burns suffered during a car accident, “possessed chemically enhanced strength.” They are trying to imply that Kaady was under the influence of hard narcotics. There is no evidence of this at all. The evidence that might be able to prove the officers’ allegations, a Toxicology report, has not been released.

Most of Kaady’s friends said that he never used drugs, other than tobacco. There is some evidence that he may have been smoking marijuana earlier in the day, but it seems more likely that Kaady was under severe emotional stress, aggravated by a serious head injury and repeated Tasering by the officers.

Why did the officers Taser Kaady, a naked, injured man with a severe head wound and second and third degree burns over much of his body? Because he refused to lie down on his burned skin and they were afraid to touch him because he was covered with blood.

How did 27-year-old Foaud Kaady end up injured and burned and then shot to death by the police? That’s a harder story to tell.

Foaud Kaady was a graduate of Gresham High School and was well known around Gresham and Sandy. He was a painter and always willing to lend a helping hand to his neighbors. He had recently become a licensed real estate agent and was reportedly excited about joining his mother in the real estate business. The day of his death Kaady had planned to pick his mother up at the airport after a trip.

Friends said that Kaady had not been acting like himself for days, or even weeks, before his death, but no-one knew exactly what had happened. Sarah Maness, who knew Kaady for two years, said that he had been depressed and angry for a few weeks. “He’s been pissed at everything,” she told the Sandy Post.

Kaady’s father said that Kaady had recently broken up with his girlfriend. Other family members agree that he was under financial pressure, stressed about his break-up and some other unnamed problem. Other family members argued that he was not depressed and that he was very happy with his life.

Whatever Kaady’s state of mind, his actions on September 8, 2005 were odd. At 6:30am Kaady was spotted driving erratically in the parking lot of Mount Hood Community College. He was doing “donuts” and “burn-outs” in his pickup truck, some people do that for fun and the lot was probably empty at 6:30, but when a campus security officer approached Kaady acted strangely.

Security Officer Jefferson Potts said that as he approached the vehicle, Kaady accelerated the pickup and hopped over a three-foot embankment and onto Stark Street, bottoming out on the pavement. It is unclear how close Potts got to the vehicle, but he reported that it had a “strong smell of marijuana.”

Kaady was next seen at his father’s home wearing a suit. Rashid Kaady said that his son’s behavior was not unusual in any way.

At about 9:45am Kaady stopped at his usual drive through tobacco shop on Stark St. and bought two packs of cigarettes. Rudd McGarity, a clerk at Hilton Haven who had sold tobacco to Kaady before, told the Sandy Post that Kaady was not acting like himself. He over paid for his purchase, with change out of a big jar, and would not let the clerk return the extra change.

McGarity said that Kaady looked “frazzled” and he asked the young man if he was OK. Kaady replied, “No, I’m not okay.” McGarity said that Kaady looked “like he had the worst news of his life and had to go deal with it.”

Early that afternoon Kaady was seen parked in his pickup truck in the lot at Rick’s Custom Fencing on Stark about ten blocks from the tobacco shop. Kaady had run out of gas. Employees at Rick’s said the young man was acting “weird.” He “fooled around” in his truck for about ten minutes and then took off running in nothing but a pair of shorts.

Kaady’s sister said that wearing only shorts was Kaady’s “trademark” and that he ran to his father’s house to get a gas can for his truck. She said he returned to Rick’s in his mother’s car with a can of gas, but found that his pickup had been towed. Here’s where things really get weird.

According to the Sandy Post Kaady’s car was not towed from the lot at Rick’s until Saturday September 10, two days after Kaady was killed. For some reason Kaady drove in his mother’s car toward Sandy, a neighboring community.

Kaady’ sister says that a spark from Kaady’s cigarette ignited the gasoline can as he drove and Kaady crashed his car into two other cars while trying to put out the flames. The Buick LeSabre that Kaady was driving crashed into the vehicle of Tiffany Stanko, forcing her off the road.

Kaady then hit the car of Greg Elwell of Boring. Elwell, believing that the driver of the LeSabre was unconscious tried to slow both vehicles with his brakes, but then the LeSabre pulled away and the driver game him a “thumbs up” sign as he passed. Elwell said that Kaady was driving “completely crazy.”

Kaady’s body was severely burned on his upper torso, face and into his scalp, but the Oregon State Police Arson Investigating Team said there was no evidence that the fire started inside the vehicle. They said they found no evidence of a gas can inside the car.

Finally Kaady crashed the LeSabre into the woods, starting several fires in the dry brush. Read the story of this accident at the Sandy Post, you won’t believe it.

Kaady reportedly fought off would-be rescuers and wandered away from the accident before being confronted by the police on SE 362nd Ave. During the confrontation with the injured and distraught young man, Deputy Willard left a shotgun unattended on the hood of his vehicle. Later he said that he feared that Kaady would go for the shotgun and that’s why he fired three shots into the young man’s chest.

Willard also said that Kaady threatened to kill him and Police Officer William Bergin, who fired five shots at the young man. None of the witnesses on the scene heard death threats, but most agreed that Kaady “went crazy” after being Tasered three times and climbed onto the police car. None of them saw him go for the shotgun or lunge at the officers, as they both claimed at different times.

Witnesses on the scene said that Kaady was “docile” and sitting on the ground when the police arrived. He would not lie down at their command and so they Tasered him. Willard reported that Kaady was “kind of catatonic” when he arrived, but that he was afraid to approach him because of the blood that covered most of his badly burned body.

If this is the way Clackamas County Sheriff’s Deputies are trained to deal with accident victims then we need to rethink that training. Regardless of Kaady’s erratic behavior I wonder how threatening he would have been if he wasn’t walking naked, after losing his shorts in the accident, and if he didn’t look like an Arab.

Kaady’s family has filed a wrongful death suit against Clackamas County and the officers involved. Portland’s flamboyant attorney Gerry Spence is representing the family so there should be a good story to tell there eventually.

Parade of lawsuits targets Sandy Police Department

noreply@blogger.com (Psyche Med) — Fri, 30 Mar 2007 14:54:00 +0000

City claims no wrongdoing on part of officers

published in the The Sandy Post, Mar 28, 2007, Updated Mar 30, 2007
Top row, the plaintiffs: Jerry E. Woodford, Juan Rubio, Britt Woodring, Samuel Contreras. Bottom row, the defendants: Chief Harold Skelton, officers Ernie Roberts, Bill Bergin and Kalen "K.T." Taylor.

The Sandy Police Department and its officers are facing six lawsuits — including five filed in federal court — that accuse officers of excessive force, harassment and violating constitutional rights.

On Monday, March 12, Sandy resident Samuel Contreras joined Firwood’s Juan Rubio, the family of Fouad Kaady, Jerry Woodford and Estacada’s Britt Woodring in filing a lawsuit in federal court claiming wrongdoing by the department. Rubio also has filed a lawsuit in Clackamas County Circuit Court.

Police Chief Harold Skelton said that before the Woodford lawsuit — the first of the six filed — the department hadn’t been sued for about 20 years.

Officer K.T. Taylor is a defendant in the two Rubio cases, the Woodring case and the Woodford case; Officer Bill Bergin is a defendant in the Kaady and Woodring cases; and Officer Ernie Roberts is identified in the Contreras suit. Clackamas County sheriff’s deputies Brandon Claggett and Dave Willard are being sued in the Woodford and Kaady cases, respectively.

Attorney Edward Merrill of Bend, who represents Rubio, Woodring and Contreras, said his clients filed the lawsuits — which concern four different incidents with the Sandy Police Department — not for monetary gain but to protest the actions of the department and to advocate for change.

“All we can do is try to right the wrongs that we’re alleging, and hopefully a by-product of that is that other (incidents) will be prevented,” Merrill said. “At some point in time you can hope somebody is going to take notice and ask if there’s a deeper, underlying problem here, and what can be done to remedy it.”

Added Rubio, “It just goes on, the same old clique. I think the citizens of Sandy should be educated on how the city government is dealing with its problems.”

Salem attorney Bruce Mowery, who represents the city interests through City/County Insurance, says the sextuple-whammy of lawsuits — he’s not involved in the Kaady case — is “probably something orchestrated by the attorney, since he’s the same one (for all of them, save Kaady and Woodford).”

“A lot of it is just contrived,” Skelton echoed. He said Rubio’s attorneys are “shopping for plaintiffs,” checking the county jail roster for Sandy arrests.

Mowery said in each case there’s evidence that any action taken by city officials was “justifiable,” although he said he couldn’t discuss any evidence supporting that statement.

“There’s absolutely no merit to the claims,” he said.

The city also maintains that the officers can’t be sued for any actual or alleged actions under the doctrine of qualified immunity — a legal doctrine established by the U.S. Supreme Court in 1982 (Harlow v. Fitzgerald) that insulates officers “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,” which Sandy says is the case.

Any time the department receives a use-of-force complaint, Skelton said, it reviews the scenario. “Under the circumstances in these cases, I believe (the use of force) was justified. I believe in all these lawsuits we’ll be exonerated.”

He added, “I have total confidence in my officers. We’re always watching, always paying attention to make sure we’re doing things legally.”

Mowery wouldn’t say whether the city wants to settle with the Rubio camp or how he plans to defend the city in court.

“This doesn’t appear to be an unusual pattern,” City Manager Scott Lazenby said. “The idea is that if you throw a bunch of stuff in the hopper you might have some leverage to get your way. There’s no substance as far as we can tell to any of them.”

Lazenby said he was familiar with the episodes related to the lawsuits and has no concerns regarding the behavior of city police officers.

“I know what has gone on in these very incidents,” he said. “Often they involve a situation where there were a number of law enforcement officers, and reports from them make us pretty confident that there’s nothing of substance to these things.”

Lazenby isn’t worried about a trial. “Frankly,” he said, “I don’t think it would go that far.” That belief leads the city’s charge to get the lawsuits thrown out in court. Mowery is working on it, he said.

Mowery wouldn’t comment as to whether the city is looking for a settlement, and Merrill said the only appropriate out-of-court resolution — which would punish and/or terminate officers and institute new training — doesn’t appear likely.

Skelton, fresh from giving a deposition for Rubio’s trials last week, said the individual officers can turn around and sue Merrill’s law firm for harassment and frivolous litigation. He didn’t say whether the officers plan to do that, but said they will have that ability.

Rubio remains confident. “Do you how much they’re going to lose?” he asked. “They don’t want to cut their own throat. The blade is already up against their throat; they’re just hesitating on when to do it.

“I am going to break this town.”

Lawsuit no. 1: Woodford's federal case

Jerry Eureal Woodford, 48, of Sandy filed a federal case against the city of Sandy last June, 2006, alleging that the police brutalized him while he was staying at a hotel in town.

Woodford, who is disabled, said that he wasn’t able to move in bed on June 11, 2004, because he slept about 16 hours and wasn’t able to take his daily dose of necessary medication.

So when people knocked on his door asking him to come out, he yelled that he was disabled and couldn’t get to the door. At that point, he said he took his medication.

About an hour later, after his medication took effect, Woodford grabbed his crutches and before he could open the door, Taylor and Claggett broke through the door, shooting a Taser, which missed.

When asked to show his hands, Woodford complied. Taylor then tackled him, making him hit the edge of the bed and fall to the ground, where he was Tased three times — which made him involuntarily defecate.

Woodford then alleges that Deputy Claggett put his hand on his back and grabbed his hair before he was handcuffed and taken to the Clackamas County Jail, where he remained for three days.

He was charged with resisting arrest — a charge that was later dropped.

Woodford alleges that Taylor and Claggett violated his fourth and fourteenth amendment rights to be free of unreasonable search and seizures and unreasonable force from the government, since the “use of unnecessary force was unreasonable, excessive and disproportionate based on the circumstances.”

A response filed on behalf of the officers maintains that Woodford “refused to open the door and locked it form the inside.” They also said Woodford didn’t answer the hotel room phone when they tried to call it, and eventually, officers had to break down the door.

The officers “had probable cause” to arrest Woodford, the response continues, and that the officers used “no more force than was necessary” to accomplish that.

Once in the hotel room, police say Woodford was found standing, and that he refused to comply with all fof the officers’ commands and physically resisted arrest. The Taser was deployed to “gain control” of the suspect.

Woodford asks for unspecified non-economic damages resulting from the alleged injuries levied by the officers, as well as unspecified punitive damages and attorney’s fees. The officers are seeking reimbursement of legal fees.

Lawsuit no. 2: Kaady federal case

The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last September in federal court.

Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault. He was naked, bleeding and severely burned before the fatal police encounter near Cottrell Grade School, northwest of Sandy.

The 31-page lawsuit claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death, among other accusations. Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”

Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.

“We’re hoping for a fair and just exploration of what happened, and maybe some result that will be a living testament to Fouad Kaady’s life,” said Michelle Burrows one of the Kaady family’s attorneys.

A Clackamas County Grand Jury cleared Bergin and Willard of all wrongdoing last year and an internal investigation by the sheriff’s office and the Sandy Police Department determined that they had fully complied with department policies and procedures. Both officers returned to duty, although Bergin is currently on personal leave.

Sheriff Craig Roberts and Sandy Police Chief Harold Skelton defended the actions of the officers, saying that in unstable situations such as the Kaady case, sometimes split-second decisions must be made to protect law enforcement officers.

The family has hired Wyoming attorney Gerry Spence, who is known for handling high-profile cases such as the landmark 1984 Karen Silkwood case. He represented Brandon Mayfield — the Portland-area man whose fingerprints were erroneously linked to the 2004 Madrid train bombings.

A trial isn’t expected for six months to a year.

Lawsuit no. 3: Rubio's federal case

The Rubio case stems from an incident during the 2005 Sandy Mountain Festival, in which Rubio had approached Chief Harold Skelton — who was riding in the parade as one of its grand marshals — and began yelling at the city’s top cop about the disappearance of his son, and compared the local police to Nazis.

At the time, Rubio’s son, 20-year-old Carlos, was had been missing for a month. The distraught father, upset by his son’s recent encounters with Sandy Police, asserted that local law enforcement had something to do with his son’s disappearance.

“His screaming in the public venue was creating public alarm,” Skelton noted in a previous interview. “In the right circumstances, that kind of thing could have started a riot.”

Rubio said he never threatened the chief, and yelled because Skelton was ignoring him. Had he received any acknowledgement from the chief, Rubio said he would have accepted it and backed off.

Skelton said he called for backup after Rubio approached him three different times, reporting that he and his wife felt threatened. Police then arrested Rubio on charges of menacing (threatening harm) and disorderly conduct/criminal mischief.

When the case finally went to court on Jan. 25, 2006, Clackamas County Circuit Court Judge Steven Maurer threw it out, noting that the facts proved the trial was illegitimate, because Rubio’s encounter with Skelton was just an “upsetting” and “unfair” exercise of his free speech rights. He said the arrest should have never taken place.

“One of attributes of free speech is that it well may be disturbing,” said Maurer in his closing remarks, “you take the good with the bad.”

Although a trial hasn’t been scheduled for the federal case, it is widely expected the trial would begin sometime in 2008 if an out-of-court settlement isn’t reached.

Lawsuit no. 4: Rubio's local case

Rubio also filed a lawsuit against Officer Kalen “K.T.” Taylor in circuit court last summer, accusing Taylor of threatening Rubio during several incidents between 2004 and 2006. He seeks $100,000 for emotional distress.

Taylor declined to comment on the specific allegations made in the pending lawsuit, but speaking generally, he said in a previous interview, “There’s some stuff he’s saying that concerns me. There’s a lot of mistruths.”

Rubio’s first cited encounter was on June 25, 2004, when he responded to a supermarket parking lot where his son, 19-year-old Carlos, was with several Sandy police officers, including Taylor, during a minor traffic stop.

When Rubio arrived to assist his son, the suit claims, Taylor “screamed” at him and Carlos, “referring to them as ‘homies.’ ” Carlos later claimed that Taylor threatened to kill him during that encounter, a claim refuted by Officer Ernie Roberts, who was on the scene.

The second stated encounter with Taylor was on May 27, 2005 – the date Carlos was found guilty of eluding police from an incident the July before.

He said that while at the Clackamas County Courthouse, Taylor “screamed” at him, saying, “I’m warning you, Mr. Rubio, you’re not going to like what’s going to happen to you.”

Rubio said that statement made him “live in constant fear that (Taylor) would carry out his threats against him.” He also says that the experience made him “especially susceptible to severe mental and emotional distress” due to that fear.

The third encounter the lawsuit references was on March 10, 2006, when Rubio encountered Taylor at a grocery store parking lot. He said that Taylor, off-duty at the time, blocked his walking path with his white pickup.

Sandy Police told The Post that Rubio had traveled to Taylor’s house and frightened his wife.

Through the truck’s window, Rubio alleges, Taylor screamed for Rubio to “quit (expletive) with my wife or I’ll (expletive) you up,” and, “I’m gonna get you, you little sucker.”

Rubio says that as a direct result of his encounters with Taylor, Rubio “suffered severe mental and emotional distress, fear, humiliation, embarrassment, anxiety, loss of reputation and inconvenience,” which totals non-economic damages of $100,000.

Taylor said he will be represented by a lawyer provided by the city, and plans to countersue Rubio for unwanted contact, harassment and libelous comments.

“I’ve had a long career as a police officer,” Taylor said. “I think I need to look after my reputation.”

Merrill says he’s trying to have the trial scheduled for June 19.

Lawsuit no. 5: Woodring's federal case

In January, Estacada resident Britt Woodring filed a $3.1 million lawsuit in U.S. District Court, alleging that officers Taylor and Bergin broke the law when they arrested him outside a restaurant in Sandy on Feb. 18, 2006.

After a fight with his wife, Woodring left his Estacada home for the restaurant at 38015 Highway 26.

In his official lawsuit papers, Woodring says he hadn’t had any alcohol before arriving at the restaurant, where he ordered a rum and coke. He said was never engaged in unlawful activity nor was he under the influence of alcohol or illegal drugs that evening at the restaurant, despite witness and police reports alleging otherwise.

According to the police report, bartender Scott Conerly called the police, later telling them that Woodring “was acting strange as if he was on drugs and harassing several customers … just acting weird and being aggressive towards customers.” When police arrived, Bergin said Conerly told him he wanted Woodring removed.

Woodring’s lawsuit states that Conerly was just concerned about Woodring’s ability to drive and noted that he wasn’t causing problems or was engaged in illegal activity.

According to Woodring’s complaint, Taylor and Bergin approached him and directed him to stand by the door, “where Bergin began circling him and then asked him if he was resisting arrest.”

The complaint then alleges that Bergin “suddenly and forcibly” seized Woodring around his neck and upper chest with his police baton and his other arm, “despite the fact that (Woodring) had not yet even been questioned or warned,” nor arrested.

Woodring said that when he grabbed the baton in an attempt to release the pressure on his neck and chest he was tased on the inside of his right arm, and Taylor punched him hard in the face, which made him bleed and gave him a black eye.

He said Taylor inflicted several knee strikes upon him, and Bergin struck him on his right eye with the police baton and tased him again on the back of his left arm. Woodring said he fell to the ground, where he was tased two more times, which left permanent scars upon his chest.

The police report disputes Woodring’s account, noting that when Bergin told Woodring the bartender wanted him to leave the business, the Estacada man backed away from them.

Bergin said he and Taylor grabbed each of Woodring’s arms in an attempt to escort the man out of the restaurant. Woodring then allegedly broke an arm free from Bergin and pushed Taylor with his open hand.

Witness Andres J. Ford, said in his statement to police that the officers “started off nice” with Woodring until the man started pushing them with an open hand.

“It didn’t look avoidable to go hands on,” reflected Jordan Enos, another witness.

Taylor said he then grabbed the back of Woodring’s neck and told him to get on the ground, delivering two knee strikes to his abdomen area. When he didn’t get on the ground, Taylor punched Woodring in the face. At that point, both officers told him to stop struggling, and that he was under arrest.

When Woodring wouldn’t roll on his stomach or give up his arms, Bergin deployed the taser, striking the man four times total.

“We had given Woodring the opportunity to leave the bar and he would not,” Taylor reflected.

The officers took Woodring to the Clackamas County Jail, where he was incarcerated for about eight hours. He was charged with second-degree criminal trespass and resisting arrest, but the charges were dropped after the case was “no-complainted” when Woodring appeared for his arraignment.

Not long after the charges were thrown out, Bergin re-issued the citation at the urging of the Clackamas County District Attorney’s Office because not necessary information was included in the original citation, but about a week before the September 2006 trial, the D.A. dismissed the charges because they learned that the physical struggle occurred before Woodring was placed under arrest.

In all, Woodring alleges that he was “subjected to excessive force, unlawful arrest and malicious prosecution by two Sandy police officers,” which violated his constitutional, civil and state rights.

Woodring seeks a total of $3.1 million against Taylor, Bergin and the city of Sandy, plus attorney’s fees, for non-economic damages and punitive judgments. That amount is divided into four claims: Use of excessive force, unlawful arrest and two claims of malicious prosecution — one for the first charges levied against Woodring, another for Bergin’s reissued citation.

The city’s official response to the complaint — filed last month — states that police had probably cause to arrest or otherwise take Woodring into custody, noting that the officers’ physical contact with him was “legally justified” in order for the officers to perform their duties, enforce the law and preserve order.

Calling the Woodring lawsuit “frivolous,” the city’s response includes a counterclaim against the plaintiff, seeking dismissal of the claims and payment of attorneys’ fees.

Lawsuit no. 6: Contreras' federal case

Electrician Samuel R. Contreras says his arrest for possession of a controlled substance, having a concealed weapon and tampering with a witness was a set up.

Kari Kelly called Sandy police after an argument on May 27, 2006, telling police that Contreras had drugs on his person and needed to be arrested. When police showed up, Roberts searched Contreras, only finding a knife that he used for his electrician work. Contreras walked away without incident.

In his police report, Roberts said that when he discovered the knife, Contreras told him he started carrying it after 9/11.

At first, Roberts said he wasn’t sure the knife qualified as a concealed weapon. After speaking with Clackamas County sheriff’s deputy Marcus Wold and researching concealed weapons law, “I felt the knife Mr. Contreras was carrying did, in fact, qualify as a concealed weapon.”

Later that evening, when Contreras was at a local bar, Roberts showed up, searched him a second time and arrested Contreras.

Later, Roberts searched Contreras a third time — a brief examination, Contreras said — this time finding a matchbook in his trenchcoat pocket, which had a small baggie of methamphetamine inside. Contreras was then charged with possession of a controlled substance, in addition to the concealed weapon charge. He spent two days at the Clackamas County Jail.

A third search isn’t unusual, Skelton said. “Sometimes you have to do a fast pat-down when you’re at a hot scene. You just make sure he doesn’t have any weapons and then you put the guy in the car.” The third, more in-depth search takes place at the police station. And sometimes, Skelton said, officers receive information that prompts them to conduct another search.

The complaint questions the discovery of the third search, since no contraband had been found in the two previous searches.

“The only person in physical contact with Plaintiff at any time after he had been placed in handcuffs following the second search at (the bar) was Defendant Roberts himself…” So, Contreras alleges, the only way the matchbook of meth could have made it into his jacket was by Roberts placing it there during the third search.

“It’s absolutely ridiculous,” Skelton said. “It’s the attorney talking. This is just stupid. We’ve arrested him on many occasions for the possession of drugs.” He noted that Contreras has several warrants for his arrest in California related to possession of narcotics, but said those warrants aren’t executable in Oregon.

Kelly wrote several letters confessing that she framed Contreras after the incident. The compliant states that she said she planted the drugs as part of an informal agreement with Roberts to turn in three criminals to keep her out of trouble for her own illegal drug issues — a deal called “give up three, go free.” When one of those letters — which was notarized — reached Roberts, he allegedly threatened Kelly with arrest for tampering with a witness.

On June 4, Contreras got in another argument with Kelly, after which Kelly went to the Sandy Police Department. She then gave Roberts a recorded statement that she wrote and notarized the letter, but did so under threat of physical harm from Contreras, which he denies.

Officers then arrested Contreras for tampering with a witness, and four days later Contreras was indicted for unlawful possession of methamphetamine, coercion and tampering with a witness. He spent another 88 days in jail.

Contreras alleges that his Constitutional rights were violated during the incidents in that he was detained and searched without reasonable suspicion and was arrested falsely. He also takes issue with the alleged informal “give up three, go free” policy.

Taylor is included in the lawsuit because Contreras said the officer told him he was going to “make a special project” out of him, either by forcing him to leave town or go to jail.

For non-economic and punitive damages, Contreras seeks a total of $21 million plus attorneys fees in three separate claims.

Contreras’ record shows two convictions between 1985 and 2006, giving false information to police and a felon in possession of a firearm. He was charged with several other crimes, including criminal mischief, attempting to elude police and possession of methamphetamine, all of which were dismissed.

“He’s been arrested a bunch of times,” Skelton said of Contreras. “He just likes his drugs.”

Sandy Police need better image

noreply@blogger.com (PDX97217) — Wed, 28 Mar 2007 17:38:00 +0000

from The Sandy Post - editorial
The sextuple whammy of lawsuits against members of the Sandy Police Department make apparent the fact that the city’s law enforcement agency needs to work on its image.

Some locals have accused the department of being harassers, liars, thugs, racist against Hispanics – allegations that peaked in summer 2005 – and even murderers.

We may never know what happened in each of the cases related to the lawsuits that alleged police wrongdoing – those kinds of judgments should and will be left to the courts – but what we do know is that the department has a serious public relations problem in this city.

A big part of that is the fact that the department seems to be all business. The idea of the neighborhood cop is all but gone, and we feel that the Sandy Police Department must do more to become a community player, or it will continue to generate ill feelings, misunderstanding and perhaps more lawsuits.

The police should learn from their public safety colleagues at the Sandy Fire District. Local firefighters are always out in the community, whether it’s showing up at a Good Morning Sandy event for the Chamber of Commerce, lending a hand to help move furniture out of a business, manning information booths at local events or fitting helmets for free on weekends. These people are extremely visible, and are well-loved and respected.

We proudly display our “I (love) Sandy Fire” sticker on our door because that agency goes out of its way to show people it’s a part of this community.

The police, however, don’t put forth such an effort.

We can understand that the police department has fewer people and a growing demand, which could contribute to the employees just being “all business.” But there has to be a conscious decision in the department that it must join the community in more than just a law enforcement capacity.

Chief Harold Skelton needs to make this a priority, and it doesn’t even have to be that difficult. It could be as simple as having reserve (a.k.a. volunteer) police officers reading to children in the schools, in uniform. It could be having them man information booths at the Hometown Holiday Festival.

Of course, it would be ideal to have officers such as K.T. Taylor and Bill Bergin – the two officers specifically targeted in the recent lawsuits – out in the community in a non-enforcement capacity, so people can get to know them and realize they’re more than just the people you run into before getting busted. They need to be indisputably friendly faces in the city.

Officers are often confined to their patrol cars, offices or behind the impersonal walls and Plexiglas at the police station. They don’t get information out to the public in a timely manner (The Post finds that reports are often filed several weeks after incidents occur – and those are the “simple” cases such as DUII and dog-at-large). And they aren’t forthcoming with important information about cases; we tend to get much more information from the Clackamas County Sheriff’s Office – which is based in Oregon City – than we do from our own neighborhood police force.

That’s not the kind of open-door policy necessary to build trust and respect. Instead, it creates an atmosphere of secrecy and elitism, one that easily gives birth to conspiracy theories and shocking allegations.

Skelton needs to make community involvement and “sunshine” operations his primary goal in the department to bring credibility and respect back to the Sandy Police Department. The face of the department has to change from one that’s scowling and half-cloaked to one that smiles and is recognizable. Until the chief makes openness and community involvement (outside policing) a priority, the department will continue to struggle, as it is now.

Six lawsuits allege police misconduct

noreply@blogger.com (Psyche Med) — Sat, 10 Mar 2007 07:19:00 +0000

from the Oregonian

Salem attorney Bruce Mowery, who represents the city in some of the cases through City/County Insurance Services, said the claims --which target city officials, Sandy police officers and Clackamas County sheriff's deputies --have no merit.

All of the lawsuits accuse Sandy and Clackamas County officers of excessive force, harassment and violating defendants' constitutional rights. The suits are all separate claims, though three of the defendants share the same lawyer.

The latest case, filed March 12 in U.S. District Court in Oregon by Sandy resident Samuel Contreras, claims Contreras was set up by police and wrongfully arrested for possession of a controlled substance, having a concealed weapon and tampering with a witness. Contreras had previously been convicted for possession of firearms and charged on multiple occasions with drug possession, Sandy police said.

The other cases are:

* Estacada resident Britt Woodring alleges officers used excessive force in his arrest outside a Sandy restaurant last year.

* Juan Rubio, the father of a man whose remains were found in the woods in 2005, claims that Sandy officers were verbally abusive to him and that city officials neglected his complaints during the search for his son.

* Another Rubio lawsuit against a Sandy officer alleges Rubio was threatened during several incidents between 2004 and 2006.

* A federal lawsuit against Sandy and county officers claims the county, city and police officers violated the civil rights of Fouad Kaady, a Portland man killed after a string of hit-and-run collisions, a car fire and a possible assault. The family filed the suit. A Clackamas County grand jury last year cleared the officers of wrongdoing.

* A lawsuit filed by Sandy resident Jerry Eureal Woodford alleges Sandy police officers unrightfully tackled him and stunned him with a Taser while he was staying at a hotel.

The second Rubio suit is filed in circuit court; the others are filed in federal court.

Attorney Edward Merrill of Bend --who represents Rubio, Woodring and Contreras --said his clients filed the lawsuits not for monetary gain but to protest police department actions. Mowery, who represents Sandy on these cases, said the claims are orchestrated by the Bend attorney.

Police as Brownshirts: The Torture & Execution of Fouad Kaady

noreply@blogger.com (Psyche Med) — Sun, 07 Jan 2007 08:53:00 +0000

from Educate-Yourself

Editor's Note: The use of Taser guns by police departments around this country must come to an end. They are invariably employed by a growing army of inhumane fascist cowards wearing police uniforms who invariably employ Tasers as tools of modern torture to force immediate "compliance" with whatever "orders" they bark out, regardless of how unreasonable or unjustified those 'orders' might be. Again, and again, and again, we hear reports of police behaving with an utter disregard for human suffering and a blatant contempt for the constitutional rights of their victims.

They behave as if the non-uniformed denizens of this country are rabid, wild animals, a separate breed from themselves, whom they can abuse and torture without concern or limit- just as long as they say "sir" in a loud voice while they are beating or tazing that citizen to death. That's the important thing you understand, saying "sir" out loud proves to everyone within hearing distance (especially, the Police Review Board) that you aware of the importance of that citizen's right to walk about in his own country unmolested and that you "respect" him as a citizen (if Kafka isn't spinning in his grave by now, he'll never do a turn).

Two such uniformed cretins responded to a call about an auto accident on September 6, 2005 in Clackamas County, Oregon, and within minutes of arriving at the scene, first abused, then inexplicably Taser tortured, and finally murdered a naked, unarmed 27 year old man who had recently emerged from a burning car wreck with burnt flesh hanging from his limbs and completely covered in blood. He had at no time done anything or said anything that was threatening or provoking to his executioners. What movement he did made was in REACTION to the unbelievable pain he must have been suffering from having two 50,000 volt Taser guns emptied into his burnt body, and his desire to GET AWAY from these two uniformed lunatics. But the two Brownshirts had no intention of letting him go anywhere and they also had no intention of touching his bloody body, so they shot him; not once, but seven times in the chest at point blank range. This murder was ruled to be a "justified response" by the Clackamas County Review Board for the two Nazi officers who were in "fear" that they might be killed by the naked, burnt, and unarmed 27 year old man who was trying to desperately to escape from them.

Fouad's execution took exactly 28 seconds. After shooting him, his executioners immediately called their dispatcher for medical assistance, They said in the video interview that that they concerned about getting Kaady medical "help" after his lifeless, bullet riddled body slide off the rear trunk of the police cruiser onto the warm pavement.

I've posted links below to the five part series on the killing of Fouad Kaady posted at YouTube by a person (or group) called "Portlandvftr"

I wonder if they also remembered to call Fouad "sir' while they were shooting him? ...Ken Adachi

Fouad Kaady’s 29th Birthday

noreply@blogger.com (Psyche Med) — Sat, 06 Jan 2007 06:57:00 +0000

author: Lew Nassa - published in Portland Indymedia

On Monday, Fouad would have been twenty nine years old, and presumably enjoying his new found career as a real estate salesman. He would still be the loving son, brother, friend, and human being that so many here have reported about.

On Monday, Fouad would have been twenty nine years old, and presumably enjoying his new found career as a real estate salesman. He would still be the loving son, brother, friend, and human being that so many here have reported about.

That did not happen. Instead, he was cruelly tortured and murdered by the fascist tools of the corporate state, Officer Bergin (Sandy Police) and Deputy Willard (Clackamas County Sheriff.

On September 6, 2005, Fouad was driving his parent's car, apparently carrying gasoline to his pickup truck, which had run out of gas. It was a hot day, and we think that he was clad only in shorts. At some point in this trip, something went dreadfully wrong. Initial reports indicate that Fouad was involved in a rear end collision with a car being driven by a Ms. Tiffany Stanko. From some witness' accounts, he may have already had a fire inside the vehicle, or it may have combusted when he struck Ms. Stanko's car. At any rate, he did not stop, as he may have been otherwise engaged (people who are on fire sometimes do strange things). Ms Stanko started the law enforcement gang rolling with her cell phone cries for help.

Meantime, Fouad was still careening down the rural highway, and struck a couple more cars, before running off the road and bailing out, tearing what little clothing remained from his body, while fleeing the flaming car, which was a total wreck.
Here, a "coincidental" thing happened: Ms Stanko's uncle, who was working on a survey crew nearby, chased Fouad into the woods with a baseball bat. According to him, he caught up to Fouad, and tried to grab him, but since Fouad's skin was burned and peeling, and he was bloody, he lost his grip as Fouad kicked out at him. Fouad fell to the ground at that point, then rose, and continued to run, through the woods, apparently hysterical with pain.

By this time, there are countless first responders in the area, including an ambulance, a couple of fire rigs, and multiple agency police. Enter our two heros: Willard, who a few moments ago was many miles away, finishing part of his lunch and trying to decide whether to have his power bar or his afternoon prayer, and Bergin, a rookie in Sandy, who was also headed for lunch when he heard the calls for aid. Upon arrival in the area, Willard removed his shotgun from his patrol unit, and took off like Rifleman, through the woods, presumably to bag an elk or something similar.

Unable to see the victim (Fouad IS the victim), he returned to the safety of the street, when Bergin came screaming up in his patrol car. About this time, a witness came by, saying that they saw a badly bleeding naked man, about a quarter mile up the road from where this assembly of first responders were congregated. Of course, Willard leaped into Bergin's car, and they screamed off like Batman and Robin, in hopes of being first to "bag" this helpless victim.

When they arrived, according to both officers, Fouad was "seated, Indian style (cross legged), naked, bleeding, with skin hanging from his body, rocking back and forth, in a catatonic state, and moaning." Seeing that Fouad was unarmed, and obviously injured, Willard said and did the only intelligent thing that he did in the entire encounter, he "transitioned to less lethal force (taser), and put down his shotgun. Of course, he had another brain lapse at this point (shoulda had the power bar), he tossed the loaded shotgun onto the hood of Bergin's car, and both officers draw their electric torture tools, and advance upon the victim (catatonic, seated, naked, bleeding, injured, etc.), yelling in typical "Cops" style (can't you just hear them?) for him to prone himself on the hot pavement. When he did not comply with these ridiculous demands, Bergin began tasering him, and continued until his toy ran out of electricity. Then, because the victim was writhing in pain, and they had no idea what to do with him (obviously, the idea of first aid never occurred to them), Willard similarly discharged his taser until empty.

Fouad, when added pain of the tasers ceased to torture him momentarily, did the only thing anyone would do in such a state, he fled the pain givers, and climbed to the highest refuge that he could find, the top of the patrol cars.

The protectors of the public peace had by this time decided (according to their statements) that there was no way that they could allow Fouad to leave, and yet, that there was also no way that they would allow him to touch them (all that icky blood and skin and stuff), so they had no choice. They shot him seven times, and at some point in this homicidal action, Fouad's young life was terminated.

Because of these fine individual's insensitivity to the agony that the victim was suffering, and their unwarranted fear of blood (first responders?), Fouad's family and friends must now SUFFER through his birthday, rather than celebrate it.

Please take a moment to share their pain, and to consider what has brought us to the state we are now in, where such egregious actions were not even condemned by a grand jury, led by the District Attorney, mentioned above. How will you be treated, if ever you are injured, bleeding, and burned?

A quick search of Indy, using Fouad's name will bring up past entries, for those who have just joined us.

LETTERS TO THE EDITOR Inquest wouldn't help

noreply@blogger.com (Psyche Med) — Fri, 10 Nov 2006 07:49:00 +0000

from the Oregonian

The Oregonian has called for a public inquest into the death of Fouad Kaady (editorial, Nov. 1). A grand jury has already listened carefully to the sworn testimony of 40 witnesses and visited the scene of the shooting. In addition, Clackamas County Sheriff Craig Roberts released the police reports after the grand jury's decision.

I do not believe a public inquest would further the important discussion that is ongoing about officer-involved shootings. Under Oregon statutes, a public inquest may be ordered to determine the "cause and manner of death." In this case, those are well known. Furthermore, a public inquest is a flawed legal process. The statutes do not clearly state whether the rules of evidence apply or who may participate. An inquest can turn into a forum to air grievances or personal opinions.

In the last legislative session, Senate Bill 301 would have required that grand jury proceedings in officer-involved shooting deaths be transcribed and made public. Unfortunately, it didn't pass. It would have provided a better way to inform the public. I encourage our legislators to approve it in the next session.

JOHN S. FOOTE
District Attorney
Clackamas County

Defusing crises dispelling myths

noreply@blogger.com (Psyche Med) — Fri, 10 Nov 2006 07:24:00 +0000

from the Oregonian

Two years ago deputies responding to a call of a resident disturbing the peace shot and killed the woman after she charged them with a knife. The residents, a Clackamas County mental health worker has advised the deputies, are still a little on edge.

The visit is part of the sheriff's office's third semiannual training devoted to teaching officers how to better handle encounters involving people who are mentally ill, who often don't respond well to traditional police commands and techniques and who might act unpredictably at times of crisis.

The sessions begins.

A woman with ice-blue eyes and bangs pinned back with a sparkly clip asks the deputies why they have to carry guns. Guns, she says, petrify her. She's seen what police do with them on TV.

The police officers assure her they use their guns only in true emergencies --not like the actors on TV.

Another resident wants to know whether police stereotype mentally ill people.

"Do you automatically put us in a box?" she asks.

"Do you think mentally ill people have hotter tempers than other people?" asks another.

And another resident chimes in: "Don't you have a code --1151 or something --to refer to us?"

"It's 1234," answers one of the deputies, adding that the categorization is only used so police can better help the person in mental crisis. "The police officer will hear that and start asking questions: 'How are you doing?' 'What do you need?' "

By the end of the exchange, the room appears to have warmed some. The residents appear a little more relaxed, and the police officers, too.

The training --known as Crisis Intervention Training --was held late last month. It is the third since Clackamas County Sheriff Craig Roberts took office in January 2005 and said his office must better equip deputies to deal with the increasing number of calls about people in mental crisis.

Roberts said he recognized the need a few years ago as a detective when he responded to the call near Oregon 212 in the Boring area. Roberts showed up to find a suicidal man who'd doused himself with two cans of gasoline and was holding a cigarette lighter.

"I thought 'This is absurd,' " said Roberts, realizing he didn't have training to draw upon. Roberts was able to talk the man into surrendering but felt he was grasping for what to say or do.

Jail data show that as many as 28 percent of Clackamas County Jail inmates have a diagnosed mental illness. But officials say the true percentage of inmates who have mental illnesses --diagnosed or not --is probably much higher.

Sgt. Nick Watt, who helped developed the crisis intervention course, estimates that 50 percent of the calls he responds to involve someone with mental health issues a suicidal person, a car thief on mind-altering methamphetamine, or a combative person yelling at anyone who passes by.

The dangers of police encounters with mentally ill people have been highlighted recently by high-profile incidents in the Portland area, including the September death in police custody of James P. Chasse Jr., a man police thought was on drugs or drunk but who actually suffered from schizophrenia.

In Clackamas County, there have been several incidents in which police shot and killed people acting irrationally or exhibiting mental problems --including Clint Carey, a 24-year-old Carver man who in 2005 duct-taped a knife to his hand and then charged at deputies; Fouad Kaady, a 27-year-old Gresham man who was reportedly growling, naked and non-compliant to police commands in 2005; and Joyce Staudenmaier, the Chez Ami resident shot in 2004, who had battled schizophrenia for nearly three decades.

Clackamas County's 40-hour class teaches participants about the gamut of mental illnesses and the drugs used to treat them. Participants hear mental health experts' advice on how police should approach and speak to people with mental disorders. They also act out scenarios they might encounter in the field.

Portland, and in more recent years, Washington and Marion counties, also have crisis intervention training. Portland Mayor Tom Potter recently said he wants every patrol officer on the Portland Police force to go through the city's 40-hour course, which during the past 12 years has been voluntary.

And starting in January, the state's police academy will increase classroom instruction on how to interact with mentally ill people from three hours to 12. Students seeking a basic police officer certification also will undergo eight to 10 hours of scenario-based training.

In Clackamas County, 75 members of law enforcement --including about three dozen sheriff's deputies and three dozen officers from police departments including Lake Oswego, Oregon City, Canby and Sandy --have been through the sheriff's training. Roberts said his goal is to train all 91 of his patrol deputies in the next few years. So far, he's about a third of the way there.

Sharing experiences

After a few days of intensive classroom training, the Clackamas County class breaks into small groups to tour apartments and group homes of people with mental illnesses; Portland Adventist's psychiatric ward, where police often bring people who are threatening to harm themselves or others; and the Hooper detox center in Portland, where police drop off people intoxicated by drugs or alcohol.

The visits give officers opportunities to interact with people with mental illnesses and those who treat them.

A Milwaukie group home manager tells visiting officers that it's a good idea to turn off overhead lights and sirens when responding to incidents at her group home. Lights and sirens can stir bad memories.

A woman who suffers from depression tells officers that she doesn't like handcuffs because they make her feel like a criminal. And a man tells officers that a little bit of leeway goes a long way with him --he still remembers the officer who let him keep his chewing tobacco in his mouth as he was driving to jail.

At the Chez Ami Apartments, resident Susan Funk tells the deputies that she's happy to talk to them about her police encounters because she wants them to see what she's like 80 percent of the year.

"You only know me when I'm freaking out, and that's why I come to these (trainings)," says Funk, 40, who was diagnosed 17 years ago with bipolar disorder.

Funk is clear-headed, witty and pointed in her conversation with deputies. She says if they happen to encounter her on a bad day, they should try to treat her with respect. She doesn't respond well to harsh commands or force.

"Try to be nice to me if you can," she said. "Try not to corner me. Because that would make me feel like I want to fight and struggle."

Funk also shares her take on the small number of police encounters that go bad.

"It's not only a failure of police," Funk says. "It's also a failure of family, the community and the mental health staff who have not been able to intervene."

Not just a police issue

Funk's statements about mental health officials, family and friends stepping in before a person with mental illness reaches a state of crisis ring true with Watt, who helped develop the class. Watt, the Clackamas sergeant who helped develop the program, says that clearly many people who need help aren't getting or seeking the help --and police are the ones called at the last minute when mentally ill people act out in troubling ways.

Officers can't force a mentally ill person to seek treatment unless that person is presenting a safety threat. In those cases, police try to find a hospital placement, but Watt says too often beds at Portland-area hospitals are full. Once, Watt says, the only bed he could find for an emotionally disturbed person was in Roseburg, 175 miles south.

What's more, admittance to a hospital for psychiatric help might only be a short-term fix, because psychiatric staff release the person once the immediate threat has passed. Too often, mental health experts say, people refuse additional treatment.

Police and mental health officials attribute the rise in mental health-related calls to a fundamental change in philosophy about how to treat people. People with severe mental illnesses used to be institutionalized, said Jessica Leitner, program manager for the county's behavioral health division.

But closing Dammasch State Hospital in the mid-1990s signaled a change in that philosophy in Oregon: Mental health experts came to believe that people with mental health issues were best placed in smaller community treatment facilities, group homes or their own homes.

Having more people with mental health issues living in the community, however, makes contacts with local police more likely.

Eric Cederholm, who has been diagnosed with chronic depression and post-traumatic stress disorder, was eager to talk to crisis-intervention class participants during their visit to his Milwaukie group home. He wants to offer them support.

While training is good, he said, he wants them to know that they won't always be able to talk a mentally ill person through a crisis.

Cederholm said he was determined to die in June 2005 when he pointed a gun at a Milwaukie Police officer, and the officer shot him in the arm, narrowly missing his chest. He still has the scar.

"I was hell-bent," Cederholm tells the class participants. "Some poor (guy) had to shoot me. I'm sure it ruined his day."

Portland Residents Protest Police Killings

noreply@blogger.com (Psyche Med) — Thu, 26 Oct 2006 16:42:00 +0000

from BreakTheChains.info

Around fifty people gathered at the North Park Blocks in
downtown Portland today to protest police brutality and the recent
death of James Chasse who died in police custody. The event was held
in conjunction with similar events around the country to highlight
police abuses, but was organized autonomously of the national
coalition. Most participants dressed in black to show support for the
families of people killed by police.

People started banging on plastic bucket drums and a parade formed
behind the banner "Cops and Klan go hand in hand." People paraded
through downtown streets chanting against police abuse and the system
that fosters it. Portland police remained mostly out of sight except
for a few plainclothes officers videotaping the crowd.

The parade ended in Pioneer Square where people unrelated to protest
held signs reading "free hugs." Many people accepted the free hugs.
People soon gathered again to talk about police abuse and why they
were there. The names of people killed by the police in the Portland
area were announced over the megaphone. One man spoke in detail about
how his cousin Fouad Kaady was murdered by police. These speeches
attracted more people from the square who were curious what was going
on.

The event ended without incident. Some participants expressed the
need to do more outreach and education to get more people involved in
the future. Others expressed the continued importance of people
standing in solidarity with the families and friends of people
victimized by the police.

Local police fire back on shooting rules

noreply@blogger.com (Psyche Med) — Tue, 10 Oct 2006 06:27:00 +0000

from the Oregonian

Last week I wrote about a former policeman who questioned whether police these days are trained to worry too much about their own welfare.

Several local policemen responded that officers are not paid to get hurt or die. Wrote one: "Bottom line, when people arm themselves with knives or other weapons, and refuse to follow commands given to them by officers, they are likely to be shot before they can take action to harm or kill an officer. That is how it should be."

Jeff Leighty, a 20-year veteran and president of the Oregon State Police Officers' Association, e-mailed that in response to my column he'd canceled his subscription to The Oregonian.

By that logic, we should all vote against police levies simply because we disagree with something cops have done.

The truth is, both sides of the debate about shootings involving officers seem frozen in their own beliefs.

When I wrote, last year, that I understood the difficult spot cops found themselves in during the odd string of events that led to the tragic fatal police shooting of 27-year-old Fouad Kaady in Sandy, I got many angry responses about my blind allegiance to police.

One of the people who disagreed with me about that shooting was Ray O'Driscoll, the former San Francisco Bay Area policeman I wrote about last week.

Many current and former police officers were upset I allowed O'Driscoll, whose 12 years of police work came 30 years ago, to question current police training.

Of course, it makes no difference whether O'Driscoll was ever a cop. His questions are reasonable questions long debated by deadly force experts.

One of the nation's most prominent researchers in police training and accountability, James Fyfe, was serving as deputy commissioner for training of the New York Police Department when he died last year. Earlier in his career, Fyfe put in 16 years of patrol work that earned him seven NYPD citations.

In between his two stints at the NYPD, Fyfe was a professor of criminal justice at three colleges and wrote seven books about police work.

Fyfe was a perpetual critic of police training, saying it over-emphasizes the dangers of police work, which he found to be far safer than everything from bartending to construction. And he found that police guidelines are rarely specific enough about when to use deadly force or what the repercussions will be for misusing it. As a result, Fyfe said police often perceive danger where there is none and fire away.

Fyfe's studies concluded that there is little relationship between the number of people police shoot and how safe the police, or the public, are.

Fyfe believed the way to create more useful police standards is for communities to be outspoken about what they want and what they will not tolerate.

If communities don't force cops to include citizens in the discussion, nothing is likely to change, Fyfe said.

Of the dozens of responses I got from cops last week, only retired Portland policeman Jim Powell seemed interested in discussing the issue.

A 26-year veteran, he was a firearms and defensive tactics instructor and served as one of eight regional training coordinators in Oregon.

He didn't like my column. But after his anger cooled, he wanted to talk.

Powell, like Fyfe, believes police training can always improve. But he believes local police are carefully trained to consider all their other options before they pull the trigger.

He's never favored any type of citizen review committee to look at shootings involving officers. Still, he agrees that police policies must mirror what the community wants.

But public input, he says, "needs to occur on the front end," not during the public outcry after police shoot and kill.

I don't agree with everything Powell said. He doesn't agree with everything I said. But we've agreed to continue the conversation.

It may not lead anywhere at all.

But it beats dropping a subscription or refusing to pay for police.

Ore. case said to raise questions about police training

noreply@blogger.com (Psyche Med) — Wed, 27 Sep 2006 06:14:00 +0000

published in USA Today - blogs

The death of a Tigard, Ore., 18-year-old who was shot by sheriff's deputies has raised questions about "training methods and procedures taught to law enforcement officers throughout Oregon and the nation," The Oregonian reports.

Lukas Glenn was killed Saturday night. According to the Washington County sheriff's department, he was armed with a knife, refused the deputies' orders to drop it and ignored beanbags they fired at him. When he headed toward his house -- where his family was -- the deputies fired their guns.

"It appears to have been very much by the book," Geoffrey Alpert, chairman of the Department of Criminology and Criminal Justice at the University of South Carolina, told the newspaper. "The use of deadly force to save people inside that house seems to have been reasonable."

But, said Jack Levin, director of the Brudnick Center on Violence at Northeastern University, a review board "will have to determine whether the pocket knife ... was a realistic threat."

Oregon State Sen. Avel Gordly, a Democrat, is pushing for legislation to give police in the state more training about when to use deadly force. "Barbers and hairdressers receive more training than our police officers," Gordly told the Oregonian.

Kaady family names city, county in federal lawsuit

noreply@blogger.com (Psyche Med) — Thu, 21 Sep 2006 06:05:00 +0000

Renowned attorney Gerry Spence hired

By Marcus Hathcock

The Sandy Post, Sep 14, 2006, Updated Sep 20, 2006

The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last week in federal court, coinciding with the one-year anniversary of Kaady's death.

Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.

He was naked, bleeding and severely burned during the fatal police encounter near Cottrell Grade School, northwest of Sandy.

The 31-page lawsuit, filed in U.S. District Court on Wednesday, Sept. 6, claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death.

Specifically, the suit accuses the defendants of “unreasonable use of a Taser weapon”, “unreasonable use of deadly force”, “unconstitutional municipal policy” in Clackamas County and in the city of Sandy, “unlawful policy” by the acts of Clackamas County Sheriff Craig Roberts and Sandy Police Chief Harold Skelton, having an “informal custom and policy” that encourages Taser use over physical restraint tactics, and initiating an unconstitutional arrest.

Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”

Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.

“We’re hoping for a fair and just exploration of what happened, and maybe some result that will be a living testament to Fouad Kaady’s life,” said Michelle Burrows one of the Kaady family’s attorneys.

A Clackamas County Grand Jury cleared Bergin and Willard of all wrongdoing last year and an internal investigation by the sheriff’s office and the Sandy Police Department determined that they had fully complied with department policies and procedures. Both officers have returned to duty.

Sheriff Craig Roberts and Sandy Police Chief Harold Skelton defended the actions of the officers, saying that in unstable situations such as the Kaady case, sometimes split-second decisions must be made to protect law enforcement officers.

The family has hired Wyoming attorney Gerry Spence, who is known for handling high-profile cases. He represented Brandon Mayfield – the Portland-area man whose fingerprints were erroneously linked to the 2004 Madrid train bombings.

Spence is most famous for his work in the 1984 Karen Silkwood case, where he successfully argued that Silkwood’s employer – a plutonium production plant – was responsible for exposing her to dangerous levels of radiation. A jury awarded Silkwood’s estate $10.5 million.

He boasts on his Web site that he has never lost a criminal case, and hasn’t lost a civil trial since 1969. Spence will reportedly handle the main arguments in the trial, which isn’t likely to begin for at least a year, said Burrows, the local attorney representing Spence’s firm.

The next step, she said, is to “legally and technically serve the defendants with the paperwork we filed.” The fact-finding, “discovery” process of building the case will begin in the next few months, and a trial will come after that.

“In a perfect world we’d be looking at a trial a year to 18 months from now,” Burrows said.

Skelton and City Manager Scott Lazenby said they have been told by their attorneys not to comment on the pending litigation.

LETTERS TO THE EDITOR - Police shooting: Nonlethal tactics needed

noreply@blogger.com (Psyche Med) — Wed, 20 Sep 2006 06:31:00 +0000

from the Oregonian

We were aghast to learn of the killing this weekend of Tigard-area teen Lukus Glenn by Washington County sheriff's deputies ("Police kill 18-year-old near Tigard," Sept. 17, and "Mom: 9-1-1 call was to help son," Sept. 18).

Something went terribly wrong here. Having raised three children, we know that there are occasions when teens may be out of control and defiant, especially if alcohol is involved. Glenn's parents did exactly the right thing when their son appeared to be out of control and self-destructive: They asked for help.

They expected that their son might have to be arrested for the night, sober up and face the consequences of extreme behavior. The last thing they expected, we're sure, was that law enforcement officers would escalate the situation even further.

If Glenn had been a wild animal cornered in the neighborhood, chances are he would have been tranquilized and transported unconscious back to a friendly habitat. Why couldn't that have happened for Glenn?

We weren't there, and we don't know the exact circumstances as events played out, but we suggest a different type of training for the officers is needed. Defiance is not sufficient reason to take a life.

Bring out the Tasers, stall, negotiate, do something else --anything rather than escalate to final justice so quickly.

Our sympathies go out to the parents who raised a promising young man who just needed a little help and some extra discipline getting through the adolescent growing pains. He deserved a better outcome, and so did they.

DENNIS and CHARLENE DOYLE, Redland

The Oregonian reports another police killing of an apparently disturbed person, this time a teenager armed only with a knife. The families of Fouad Kaady and now Lukus Glenn are reeling from a shoot-first, protect-later policy.

When will our police be trained to disarm first without firing multiple rounds to ensure a kill? Why not train police to shoot at the legs of aggressive and disturbed persons who are not armed with guns?

As reported, Lukus Glenn may have been seeking "suicide by cop," but we should train our police to protect our citizens first. Police should use guns only as a last resort, and even then, first to disable suspects --not to slaughter them in a hail of bullets.

PETER KLAEBE, Lake Oswego

As a resident of Washington County, I am shocked by the insensitivity and utter lack of competence these so-called "peace officers" failed to demonstrate. This cry for help from a depressed, confused teenager was answered with a ruthless barrage of gunfire, resulting in a senseless loss of life.

I may not be a crisis tactician, but I believe this tragedy could have easily been avoided with just the slightest bit of common sense and empathy on the part of the police.

ROBERT O'HEARN, Northwest Portland

Extreme police reactions such as in [the fatal shootings of] Lukus Glenn and Fouad Kaady in Sandy will result in the public's loss of trust and confidence in law enforcement. The people will learn to avoid the police for help and resolve the situation on their own. Results, where people take matters into their own hands, also are troublesome.

Sadly, this is life in the bitter and paranoid America.

BRYAN J. DORR

Officer, Deputy Named in Portland Wrongful-Death Suit

noreply@blogger.com (Psyche Med) — Wed, 13 Sep 2006 06:08:00 +0000

published in KillPolice.com

A well-known attorney takes on a case in which a Portland man was shot seven timesThe family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.

Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff’s Office.

The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.

Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff’s Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.

Kaady’s family and friends bitterly criticized the grand jury’s decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.

“There is no doubt in my mind that this was not a justifiable shooting,” said Portland attorney Michelle Burrows, who also will argue the case with Spence’s son, Kent Spence.

Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.

Spence –who often sports a black felt hat and leather-fringed, buckskin jacket –made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.

Lawyers for the Clackamas County counsel’s office are ready to take on the case.

“We feel sorry for the family, but we believe this is a very defensible case, and we will fight it,” said Ed McGlone, an attorney with the office.

Scott Lazenby, Sandy’s city manager, said city officials have been instructed not to discuss pending litigation.

In the official police report, a detective speculated that Kaady’s bizarre behavior before the shooting may have been caused by “excited delirium,” a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.

People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.

Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.

Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.

The lawsuit claims that both the sheriff’s department and Sandy police have cultures that encourage officers “to taser and/or ’shoot first,’ a pattern of repeated serious violations of the constitutional rights of citizens.”

The suit claims Kaady was not presenting any “objective danger.” It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.

Police named in wrongful-death suit

noreply@blogger.com (Psyche Med) — Sat, 09 Sep 2006 06:33:00 +0000

from the Oregonian

The family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.

Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office.

The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.

Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff's Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.

Kaady's family and friends bitterly criticized the grand jury's decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.

"There is no doubt in my mind that this was not a justifiable shooting," said Portland attorney Michelle Burrows, who also will argue the case with Spence's son, Kent Spence.

Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.

Spence --who often sports a black felt hat and leather-fringed, buckskin jacket --made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.

Lawyers for the Clackamas County counsel's office are ready to take on the case.

"We feel sorry for the family, but we believe this is a very defensible case, and we will fight it," said Ed McGlone, an attorney with the office.

Scott Lazenby, Sandy's city manager, said city officials have been instructed not to discuss pending litigation.

In the official police report, a detective speculated that Kaady's bizarre behavior before the shooting may have been caused by "excited delirium," a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.

People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.

Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.

Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.

The lawsuit claims that both the sheriff's department and Sandy police have cultures that encourage officers "to taser and/or 'shoot first,' a pattern of repeated serious violations of the constitutional rights of citizens."

The suit claims Kaady was not presenting any "objective danger." It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.

"Every holiday, every birthday is hard," said Kaady's sister, Andrea Kaady. "His death was a huge earthquake, and the aftershocks will go on forever."

A memorial service marking the one-year anniversary of Kaady's death will be at 11 a.m. Sunday at the St. George Antiochian Orthodox Christian Church, 2101 N.E. 162nd Ave.

State of the Police State: Fouad Kaady’s Family Fights Back

noreply@blogger.com (Psyche Med) — Fri, 08 Sep 2006 06:12:00 +0000

published in Masterpeace

Fouad Kaady was 27 on September 8, 2005 when a gas can in his vehicle exploded, burning him severely. He crashed his car, tore off his clothes, and staggered down the street dazed and confused. Burned flesh fell from his body as stunned witnesses called 911 to summon medical help.

Minutes later, a Sandy, Oregon police officer and a Clackamas County deputy shot Kaady seven times, though witnesses said he was unarmed, naked, badly burned, disoriented, and had not threatened the police officers or attempted to flee the area. The officers had turned back an ambulance that waited in vain to treat the man’s burns.

Neither officer was disciplined and both are still on patrol.

On Tuesday in the federal district court of Oregon, famed litigator Gerry Spence filed a lawsuit on behalf of Fouad Kaady’s family, one year after the tragic event. Here is the link to an article I wrote on the lawsuit. Here is a PDF of the lawsuit.

Family of Fouad Kaady files federal lawsuit

noreply@blogger.com (Psyche Med) — Thu, 07 Sep 2006 16:36:00 +0000

The Gresham man was shot by Sandy and Clackamas County police a year ago

The Sandy Post, Sep 7, 2006, Updated Sep 8, 2006

The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County this week in federal court, coinciding with the one year anniversary of Kaady's death.

Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.

Police claimed they were threatened by Kaady and maintain that their split-second decision was unfortunate, but justified.

Family members say Kaady, who was badly burned and bleeding at the time of the encounter, was in need of help and was unjustly shot.

Rumors of a lawsuit have circulated since a Clackamas County Grand Jury cleared the two involved officers of all criminal wrongdoing last fall.

In addition to the city and the county, the Kaady family is suing Bergin and Willard individually.

Representatives from the Sandy Police Department, the city of Sandy and Clackamas County would not comment on the case due to the pending litigation.

For background information on the case, read "The Kaady Files" at: www.sandypost.com/news/story.php?story_id=115654635282841200