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About Portland observer. (Portland, Or.) 1970-current | View Entire Issue (May 12, 2004)
51’1 Jîo rtlan h öf)bseruer May 12. 2004 Page A3 Police Held Accountable for Excessive Force 1999 jury verdict called miscarriage of justice (A P)— A federal judge over turned a jury verdict and ruled that six Portland police officers are liable for using excessive force to apprehend a man who crashed through a glass win dow after taking hallucinogenic mushrooms. U .S. M a g istra te Jan ice Stewart, acknowledging that she gave improperjury instructions. declared the 2003 verdict to be a “miscarriage o f justice.” She ordered a new trial in which a different jury will determine the damages awarded to the family o f the victim, Damon Lowery, a white man who died during the encounter. Thejury will also decide if the officers should face further li ability andifthecity bears some responsibility because o f its training policies. “We felt this was a travesty of justice and this ju ry , for what ever reason, got it wrong,” said Erik Heipt, the family’s Seattle- based attorney who asked for the review. Lowery, 29, o f Lynnwood, Dear Deanna! After 7 years of marriage and 3 children, my husband left me for his mistress. 1 have trouble dealing with the fact he’s a doting dad to this woman’s children and he hasn’t contacted his own or paid a dime of child support He’ll quit a job when the child support agency tracks him downjust to keep from paying. Is this common for men and can 1 help enforce child support? —O na Mission Dear Mission: Your husband's a perpetrator mak ing it hard for good absentee dads. He’s not worth 2 cents in Chinese money. He can run, but if you go to www.supportkids.com they’ll take you to the next level in getting the child support and maybe honor him as Dead Beat Dad of the Month. Classic example that any man can be a “baby daddy” but not all men can be fathers. In the long run, your kids will see him as the jerk he is. Dear Deanna: I’m in adistance relationship with a great man who wants to marry next year. My problem is my live-in 16 year old niece who says she's not moving anywhere. I don’t want to make her move but 1 don't want to leave her with family either. We agreed to wait two years until she Wash., was in Portland with a frien d in D ecem b er 1999. Lowery took the drugs and then scuffled with the friend at a wom an’s house. The woman Lowery jumped or fell through a s e c o n d -sto ry w indow and landed on a cement patio. Lowery then cut him self with a piece o f glass and did not officers doused him with pep per spray, according to court papers. Stewart ruled this to be ex cessive force and ordered a trial to decide damages. Stew art, in her 55-page rul ing, said the shots were fired “despite the fact that Lowery had co m m itte d no serio u s crim e, offered no resistance and posed no tangible threat to - Erik Heipt, attorney for the family of a man who died anyone, save perhaps him In a confrontation with Portland police self.” She also said nothing justified em ptying entire cans called 9-1-1. The friend met comply with commands to stay o f pepper spray. police outside and told them on the ground, police said. An Lowery then struggled to his Lowery was on drugs, but un officer shot him four or five feet and ran at an officer. The armed. times with a shotgun that fires police hit him numerous times As police entered the house. lead-filled sacks; three other with metal batons and more We felt this was a travesty of justice and this jury, for whatever reason, got it wrong. Advertise with diversity in wait for graduation. If you decide to stay, don’t be selfish and get mar ried anyway because your man will need his wife with him. Life is short—say I do, pack your bags and keep it moving. R eal People. R eal Advice \ ii advice column known /or its /earless approaeh Io reality luiset! subjects! graduated. Not many men would make this sacrifice. My man has 19 years on his job, so he’s not coming my way. What do I do? -A nony mous; Portland, Ore. Dear Anonymous: Your niece doesn’t pay bills so she can’t regulate anything. If you have custody and need to move, then she has to pack her bags. Her feel ings must be considered but she’ll be on her own soon and you'll be left home empty handed. Since your distance relationship has flourished enough to warrant a marriage, then it should stand the test of time and pepper spray. The officers then hog-tied Lowery, who died af ter being placed on a stretcher. Evidence from the medical examiner showed that Lowery died o f a self-inflicted neck wound, and asphyxiation was ruled out. While the judge decided that police used too much force in the beginning of the encounter, the new jury will be asked to determine if police acted prop erly once Lowery charged at the officer. In her ruling, the judge said she should have in structed jurors that they could find the use of force was exces sive at any point during the inci dent. 1 Call 5()3-288-OO33 Dear Deanna! I work with single guys that party all the time. Now they’re bringing their social life to the job. They smoke marijuana during lunch, drink beer on breaks and laugh all day at women calling on their cell phones. I want to report them to personnel but I’m not sure if I should. —Oscar; New York, NY Dear Oscar: Didn’t your momma tell you to stay out of other people’s business? Don’t be a sissy and tell on them. Instead, be a man and confront them about it and share some wis dom while asking them to stop. After approaching them, if they ignore you, go make the report. If you do it the other way, they’ll deny it, or swear up and down you were doing it too. u 1,1 ^Inrtlaub ©bseruev ads (g’port landob sei ■ver.com M usic M illennium 35th Anniversary Coupon Save 20% off All Regular* Priced CD's, Cassettes & DVD's Í J Íi^ C I • M IL L E N N IU M * Not good on red tag Items • Not good with any other offer • No limit, Expires 5 -3 -0 4 1 --------------------------------------------------------------------------------------------------------------------------- Ask Deanna is written by Deanna M. Write Ask Deanna! Email: askdeannal @yahoo.com or write: Deanna M, P.O. Box 88847. 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