Ny: Flash-bang! $500m Death Suit

Status
Not open for further replies.

2dogs

Member
Joined
Dec 25, 2002
Messages
1,865
Location
the city
The War on Drugs is bad, the results of the War on Drugs is bad.

It's a shame that this woman died, and ordinarily I'd say that the surviving family members might be due some type of compensation- until Johnnie "The Cockroach" Cochran was hired, now I hope they get nada.

Follow the link- there is a nice ad for the big "Victoria's Secret" sale.

Oh, well.




http://www.nypost.com/news/regionalnews/57963.htm

$500M DEATH SUIT

By ERIC LENKOWITZ and DAN MANGAN
--------------------------------------------------------------------------------

ALBERTA SPRUILL

May 23, 2003 -- The sisters of a Harlem woman who died after police, acting on a bad tip, kicked down her door and set off a stun grenade filed a $500 million lawsuit against the city yesterday.
"This lady died alone with 12 officers in her apartment who shouldn't have been there," said lawyer Johnnie Cochran, who's representing the family of Alberta Spruill, 57.

"She died at the hands of the police by virtue of irresponsible conduct."

Cops raided Spruill's West 143rd Street home last Friday because an informant told them it was being used to stash cocaine and heroin.



Authorities said that when cops realized their mistake, they apologized to Spruill, who told them she had a heart condition and began having trouble breathing.

She went into cardiac arrest on the way to the hospital.

As Cochran announced the suit - which names the city, the NYPD and the cops who executed the raid - he was flanked by Spruill's stoic sisters, Geraldine Wooden and Halice Pinkney.

"This case for them is not about money. It's about changing procedure," said Cochran, a member of the legal Dream Team that got O.J. Simpson acquitted of murder.

"It's about the fact that their sister should not have died in vain. And they see this could happen to any citizen in the New York area if the judges keep granting [no-knock] warrants like this."

Cochran said Spruill, a worker at the city's Department of Citywide Administrative Services, was getting ready to start an ordinary day when the raid went down.

"How would you feel if, at 5:30 in the morning, you have 12 police officers break down your door with a flash grenade?" he asked.

Because of the incident, the use of no-knock warrants and flash grenades has come under scrutiny by civil-rights groups.

The grenades are used to divert a suspect's attention during a raid.

Cops have used them 85 times so far this year, and 150 times last year.

Cochran said he was particularly upset with the origin of the information used to obtain the warrant.

"They relied on an unreliable informant," Cochran said. "He lied. There were no drugs in there. There was no danger in there. Just this lady."

The loquacious lawyer's assistant, Derek Sells, said the cops could easily have found out they had the wrong apartment.

"If the police had just taken half an hour, an hour, even 15 minutes to speak to the super of the building, they could have found out in this case that Mrs. Spruill was the only occupant of the apartment," Sells said.

City Law Department spokeswoman Kate O'Brien Ahlers said the legal papers were being evaluated.

"Obviously, it is a very tragic situation," she said.

When Sells was asked why they set the amount at half a billion dollars, he asked back, "How much is a human life worth - $500 million, $1 billion, $10 billion?

"The family of Alberta Spruill would trade it in a second if they could have their sister, their aunt back for just one more minute, one more hour. So $500 million really is an insult."

One legal expert said the sisters will have a tough, if not impossible, time winning the $500 million they are seeking.

They are "never going to recover $500 million," said Manhattan lawyer Michael Schlesinger, who specializes in civil litigation, adding he believes Spruill's family can win a lot of money at trial.

"What the city should do is settle this case and put it behind them," Schlesinger said.
 
Scaring middle-aged women to death is bad.

No-knock raids with concussion grenades are dangerous. The city, any city, needs to be really careful when they do dangerous things.

Think about it. Cops burst in without knocking, you think it's a goblin and pull a gun, cops respond, and someone may end up dead. You or the cop. Either way it's bad.

They deserve quite a bit of money. If my mom was scared to death, I'd want money too. So would you, I'd suspect. Regardless of the attorney.
 
A somewhat related question

If the DA declines to prosecute a crime, is it possible under US law for someone to start a private (criminal) prosecution for murder? There could be a case for negligent homicide against the police team.

Personally I hope they win but are denied an outsized settlement. I also hope the arrest team leader is tossed from the force and never works in law enforcement again. He made several mistakes inexcusable in a team leader, lack of intel gathering being chief among them.

Note that I'm also no fan of no-cure-no-pay lawyering (illegal here and rightly so) or no-knock warrants without a very good reason. Just a warrant and suspicion isn't good enough, for a no-knock there should be a virtual certainty of the use of force against the officers, based on freshly gathered intelligence and police observation.

Cheers,
ErikM
 
The War on Drugs is bad, the results of the War on Drugs is bad.
I fail to see how drugs had anything to do with the incompetence of the officers responsible, unless they themselves were under the influence.
 
I fail to see how drugs had anything to do with the incompetence of the officers responsible

Cops raided Spruill's West 143rd Street home last Friday because an informant told them it was being used to stash cocaine and heroin.

See the connection? How or why we ever got to the point where a suspected stash of drugs allows this sort of thing is beyond me- I guess it came about because of a perceived danger to LEO's making this kind of raid- so just don't make it. The loss of life (anyone's) is not worth it.

This ain't Grandpa's America.

By the way I was being a bit facetious about Cochran- I really thing he is a complete sleaze bag- but that does not diminish the loss.
 
2dogs,

You're missing my point. The fact that these guys screwed up is completely unrelated to why the warrant was issued. If the warrant was for a non-drug issue, would you feel better about it?
 
If the DA declines to prosecute a crime, is it possible under US law for someone to start a private (criminal) prosecution for murder? There could be a case for negligent homicide against the police team.

The Grand Jury can independently initiate an investigation and issue a bill of indictment.

The state's attorney general can independently initiate an investigation and bring criminal charges.

The U.S. Attorney can bring criminal charges under the United States code on civil rights violations.

The family of the victim can initiate a Tort action for wrongful death or injuries in state or federal court.
 
If the warrant was for a non-drug issue, would you feel better about it?

No.

I get your point, you are right that their screw up was unrelated to the reason for the warrant.

My point is that this idioiocy must stop.
 
Cops raided Spruill's West 143rd Street home last Friday because an informant told them it was being used to stash cocaine and heroin.

Some "informant" says something or other, so a citizen dies? The cops can't even get the right apartment?

The war is over. We lost.
 
I heard this on the radio and they reported that the police handcuffed this 57 year old woman. Busting into the wrong place can happen (not good but it happens). Using a Flash-Bang might be a bit extreme but if I was part of an entry team on a drug bust, I would not consider a Flash-Bang extreme, especailly with the sleaze bags that they bust for drugs. It's a dangerous world out there for these people and they deserve a bit of slack. These guys have a sh-tty job and none of us would know how they feel unless they were in their shoes. Someone has to do this job.

Handcuffing a 57 year old woman was STUPID. What kind of threat could she have been that the police had to handcuff her? It might be SOP for an entry team but when the bust went down and there were no shots fired at the entry team, you think some common sense might have kicked in? Or was the adrenaline so high that they lost their common sense?

I can't point fingers as I would not want the stress of being on such an entry team. But handcuffing her has to be explained.

Johnny Cockroach is an ambulance chaser.

Lately I am thinking that the LEO's are as freaked out as the rest of us from all this terrorist elevated risk stuff and are forced to act in ways that they never had to before. I see it on the streets of N.Y. and I see it at airports. Everyone is a potential threat. This might have nothing to do with a bust that went bad, but I can't believe that the attitude shift on most LEO's attitudes I see after 9/11 is not creeping into traffic stops and other interactions with citizens. Anyone else notice that?

NA26
 
"She died at the hands of the police by virtue of irresponsible conduct."
I agree. Lots of irresponsible conduct going around. Too bad an entry team isn't taken out during one of these no-knock raids that go astray. Wonder if the innocent citizen would be given some slack? What's the score by now: Hotshot no-knockers too many, citizens zero?
 
Guys, let's take one thing into account here- we don't have the all of the information of the raid. Consider the source- biased media and a very biased spokesperson. Has anyone seen the copy of the affidavit or other paperwork related to the case? Take a second and think, that's all. Colorful and descriptive language often turns things into something worse- it has happened before; the end result things being blown out of proportion.
It sounds like EMS was called to check her out and take her to the hospital.
It sounds like NYC may need to learn about surveillence and times when not to bang a residence.
 
Everyone is a potential threat. This might have nothing to do with a bust that went bad, but I can't believe that the attitude shift on most LEO's attitudes I see after 9/11 is not creeping into traffic stops and other interactions with citizens.

I haven't seen much change. About half of officers seem to view you as a criminal they haven't been able to catch...yet. The other half view you as a citizen.
 
NYPD'S NO-KNOCK SEARCHES ARE DOORWAY TO DISASTER

By LEONARD GREENE
--------------------------------------------------------------------------------



May 25, 2003 -- Days after cops ransacked the home of Marie and Robert Rogers and held the Queens couple at gunpoint in a mistaken drug raid last year, their attorney issued a prophetic warning.

"We must do a better job of no-knock search warrants," lawyer Norman Siegel said during an October press conference. "Otherwise, someone might wind up dead as a result of how we implement this procedure."



Today someone is dead. Her name was Alberta Spruill.


Spruill, a 57-year-old church volunteer, suffered a heart attack and died May 16 after flak-jacketed cops broke down her door and lobbed a stun grenade into her small Harlem apartment in a mistaken search for drugs.


Marie Rogers, 62, a retiree from Springfield Gardens, had a similar experience seven months ago, although a stun grenade wasn't used in the raid on her apartment - and she lived to talk about it.


"When I heard about what happened to this woman, I broke down and cried," Rogers said. "You would have thought that I knew her. Then I was angry."


On Oct. 15, Rogers and her husband, Robert, were in their home watching television - "Cops," as it turns out - when police in riot gear plowed through their front door without warning. When Robert, 64, a retired housing cop, heard the noise, he instinctively went for his licensed revolver, dropped to a knee and waited.


"I thought I was going to die," he said. "I thought the people coming into my house were trying to kill me."


Robert is certain he would have been shot if he hadn't tossed his gun aside before the cops came in. As for the drugs and weapons they were looking for, police found nothing. They had the wrong address.


Spruill was laid to rest yesterday, just days after her family's lawyers announced a $500 million lawsuit against the city. Part of the family's case hinges on evidence that the incident was hardly isolated, a fact to which other raid victims like Michael Thompson can attest.


On Oct. 14 - the day before cops ransacked the Rogers home - Thompson was eating breakfast in his home in St. Albans, Queens when he heard a noise like thunder.


Before he could finish his orange juice, Thompson's mahogany front door was in pieces, his French doors inside were broken and guns were being pointed at his chest. After searching his home, and the apartment of an upstairs tenant, the red-faced cops learned their mistake: they had the wrong house, Thompson said.


"They had the whole house surrounded," said the 41-year-old nurse and student. "If I ran or resisted, who knows what the result would have been. It was just a matter of time before there was a tragedy," Like the Rogerses, Thompson is suing the city.


A police spokesman said the department would not comment on the Spruill case or any other cases where lawsuits are pending.






http://www.nypost.com/commentary/76593.htm
 
Guys, let's take one thing into account here- we don't have the all of the information of the raid. Consider the source- biased media and a very biased spokesperson. Has anyone seen the copy of the affidavit or other paperwork related to the case? Take a second and think, that's all. Colorful and descriptive language often turns things into something worse- it has happened before; the end result things being blown out of proportion.




Your optimism is heart warming. And if this was the first, second or third time this had happened, I'd agree. But it isn't. It happens over and over- and is just noted and then forgotten.

The police tell the truth/lies, the press tells the truth/lies- but neither matter to a dead citizen.

Capisca?
 
Status
Not open for further replies.
Back
Top