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
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