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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 6, 1953)
Grand Jury Report Criticizes Medford Police Department; Advises Nevr Chief (Editor's noto: Following It tho complete text of tho roport bsued yesterday by the county grand jury, resulting from Its investigation Into cireumilan cm surrounding tho deaih of Camp White Mambor Latter W. Hurlay last July 14.) la tho Circuit Court of tha Slata of Oregon, for Jackson county: BEPORT OF GRAND JURY The following is the report of the Grand Jury for Jackson County, Oregon, for the summer term of the Circuit Court of said County and State, from the third Mondav in July, 1953, through the third Monday in October, 1053. The following named persons appeared on Monday, July 27, 1933, and gave testimony before this Grand Jury in the matter of tha Investigation into the death of one Lester Hurley: Esther Clark. Arthur Klatt. Anne Har nett, Thomas Hall, Dixie Jorgen- sen. Kenneth Williams, very Vanoose. Raymond Seeley, Oil ford Lacev. Loyal Heath, Clatous MeOedie. John Snider, Dr. Ar thur Schulz and Dr. Earl R. Leon ard. The written autopsy report of Dr. Homer H. Harris, director of the Crime Detection Laboratory, Oregon State Police, was pre sented to and considered by the Jury, and at the request of the members of the Grand Jury copy of the Report on the Med ford Police Survey by William P. Beall Jr., was furnished the Jury. Mr. Joseph E. Crawford, foreman, was appointed to study the report, and report its con tents to the other members of this Jury. Independent investiga tion of the Medford Police De partment was made by members of this Jury by questioning mem bers of that department. The Jury also inspected the City Jail. The following is a summary of the facts surrounding the death of Lester Hurley, as found by this Grand Jury: Lester Hurley was a man 62 years of age, a Navy veteran of World War I, a member of the Veterans' Administration Domi ciliary Center at Camp White from December, 1949, until his death, except for several inter vals of two or three months. Hur ley was a tailor by trade and car ried on his trade to some extent at the Center. He was an alco holic to the extent that, he had been arrested bv the Medford City Police 10 times on drunk charges and picked up as a "sleeper" three or four times. On Saturday. July 11. 1953, Hurley was in Medford. He pur chased a pair of canvas crepe soled ioes at a local clothing store, "id also went to the Sew ing Machine Center at 123 West Main St., in Medford. Mr. Hurley was well known to the owners and employees of the latter busi ness, since he had done business with them for about two years. Between 2:30 and 3:00 o'clock p.m., July 11, 1953, Hurley came into the Sewing Machine Center. He talked with Mrs. Edith Clark, an employee, and with Mr. Ar thur Klatt, the owner, relative to some repairs he wanted done on his sewing machine. He left . . . . 1 X an order xor xnreaa, ana wcm out. At about 3:00 or 3:10 p.m. he returned to get a package which he had forgotten. Both Mrs. Clark and Mr. Klatt stated, that although they could smell the odor of alcohol on Mr. Hur ley, he was not intoxicated, and that his mind seemed celar. Mrs. Clark stated that Mr. Hurley was pale and appeared ill. Between 3:15 and 3:30 p.m. Hurley went into the Veterans Club at 42 North Front st. to get something to eat. and on being told that the restaurant was closed, he ieit. witnesses stated that he did not appear in toxicated at that time. The em ployee of the Veterans Club left the club a few minutes after Hur ley, and saw him lying on the sidewalk. . Mr. Hall testified that he was walking west on 6th st. near the intersection of that street with Front St., with his wife and daughter; that he observed Hur ley walking north on Front st. to the south side of the 6th st. crosswalk, where he stopped. Witnesses stated that Mr. Hurley took a hesitating step or two sideways and walked several steps Ubckwards, and fell heavily to the sidewalk near the water fountain which is located on Front st. near the entrance to Barneburg Andrews Furniture Store. Witnesses stated that Hur ley made no effort to break his fall, or to put out his hands to protect himself, but struck his head very hard on the pavement Witness stated that although he was 30 to 50 feet from Mr. Hur ley, he could hear Hurley's head strike the concrete. Mrs. Dixie Jorgensen also witnessed the fall from the northeast corner of the intersection at 6th and Front sts At the request of Mrs. Verna Flowers, a customer of the furni ture store, a call was made to the Medford City Police by Harry Barneburg of the furniture store. Mrs. Flowers stated that she didn't see that Hurley was in jured until she came back out and looked at him. All witnesses questioned, who were present after Mr. Hurley's fall and prior to his removal by the Medford City Police, stated that it was their opinion that Hurley had been seriously hurt, and that they felt that he should have been taken to a hospital. Several witnesses stated that they ex pressed their views to that ef fect to Officer Vanoose after his arrival on the scene. Six wit nesses stated that the blood from Mr. Hurley's head formed a pool approximately 6 inches in diam eter on the sidewalk, and Mr. Robert Asher, the employee of the furniture store who scrubbed the blood from the walk, stated that a 1 inch to 11 a inch clot had formed on the head wound by the time Hurley was removed. All witnesses testified that at no time prior to his removal from the place where he had fallen, did Hurley show any signs of consciousness. Officer Raymond Seeley stated that he received the call from Barneourg about 3:30 p.m., or thereabouts, and that he radioed to Officer Veryl Vanoose to go to the scene. Officer Vanoose testified that coming outside calls revealed upon arriving at the scene, he ex amined Hurley and thought that he was drunk, or perhaps that he might be an epileptic, and that he didn't think the place on Hur ley's head appeared serious. Of ficer Vanoose testified that he recognized the man as a Camp Whiter, and a witness testified that Officer Vanoose radioed that information to Headquar ters. Officer Vanoose stated that the blood spot on the sidewalk was "about the size of a dol lar." The evidence shows that Hurley was loaded into the back seat of the police car and takes to Police Headquarters, where Officers Clifford Lacey, Loyal Heath and Raymond Seeley as sisted Officer Vanoose in carry ing Hurley into the Jail, where he was placed on the floor and his personal effects removed from his clothing. Sergeant Lacy felt Hurley's pulse, and he was placed on a cot in the Jail's "Bull Pen," still unconscious, at ap proximately 3:45 p.m., Saturday, July 11. 1953. Evidence shows that Sunday morning, when the "sleepers" were released. Hurley refused to leave and mumbled that he was sick. Evidence disclosed no other coherent statement made by Hurley after his fall. Chief of Police Clatous McCredie testified that after lunch Sunday he no ticed Hurley in the area outside the "Bull Pen," and asked Of ficer Vanoose who it was. Upon being told, he instructed Officer Vanoose to put the man back in the cell and to call Camp White; that they could not have the man wandering around the hall. Of ficer Vanoose testified that he called Camp White, and after speaking briefly with someone, he was connected with the O.D. He stated that he told the O.D. that Hurley had fallen and hit his head and was pretty sick, and asked that an ambulance be sent for him, but that the Domiciliary refused, and told him to let Hur ley come in on the bus Monday. Officer Vanoose states that he made the call about 1 p.m. Sun day, or thereabouts. Dr. Earl R. Leonard testified that he was O.D. from 8:00 a.m. Sunday until 8:00 a.m. Monday; that a memorandum record is kept of all outside incoming calls, and that he received a call from the Medford City Police at 11:00 a.nf. Sunday; that he was told that Hurley was in jail and that he was drunk. He testified that no mention was made of Hur ley's being hurt or ill. He called Dr. Arthur Schulz, Chief Medical Officer, told him of the call, and was advised to let Hurley come in on Monday if he was drunk. Dr. Leonard says that he called back to the Police Department at 11:05 a.m., and so stated. Hurley was kept in the jail until Monday morning, July 13, 1953. Chief McCredie testified that he called Camp White at about 10:00 a.m. Monday, and asked that an ambulance be sent for Hurley; that he was refused, and that he ordered Officer Vanoose to take Hurley to Camp in the police car. Dr. Arthur Schulz testified that a check of the memoranda records of in T I IM Hi 'it 1; TBiSl I fir? small space j ...afa small price, 1 2 3 4 Improved "Magic Monitor" circuit system gives doorm, steadier picture ovfomorKoffy. 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Although Offi cer Raymond Seeley testified that he booked Hurley as a "sleeper" immediately after he was brought in, Snider testified that Tuesday morning, July 14, 1953, he was informed of Hur ley's condition by Dr. Arthur Schulz; that he wrote the name down on a slip of paper and took it to the jail where he asked Chief McCredie to check the rec ords for Hurley's admission to and discharge from the jail. Sni der testified that McCredie checked the records, Including the "sleeper" book, and reported that there was no record of any one by that name. Snider testi ried that he has since seen Hur ley's name in the "sleeper" book entered under date of July 11, 1953. Hurley was brought to the Veterans Administration Infirm ary at about 10:30 a.m. Monday in a comatose condition. Vete rans Administration officers dressed his head. Three stitches were needed to close the wound in his scalp. A spinal tap ahowed almost pure blood in his spinal cavity, and he died at approxi mately 10:15 a.m. Tuesday, July 14. 1953, without regaining con sciousness. Veterans Administra tion medical officers refused to sign the death certificate, and the matter was reported to the District Attorney's office for in vestigation. The autopsy report of Dr. Ho mer H. Harris states that there were three ramifications of the fracture extending up to three inches from the area of trauma on the head with destruction of brain tissue in the area extend ing approximately V4 inch deep and hemorrhage up to IVi to 2 inches inside the brain. This was listed as the cause of death. Dr. Arthur Schulz testified that he was present at the autopsy; that in his opinion it was not likely that Mr. Hurley could have re covered, considering the extent of his injury, even though he had received immediate medical at tention, but that his failure to receive such attention eliminated whatever slight chance for re covery he may have had. Questioning of the members of the Medford Police Depart ment revealed that no telephone or radio log is kept of either in coming or outgoing calls; that there is no continuous duty log kept which is carried over from shift to shift; that only a few of the personnel have had any training in first aid; that the of ficers are rotated from job to job, including a tour on the desk; that men are hired as of ficers without being . properly screened, without receiving any training, or without previous ex perience and training. Investi gation by this Body Indicates that there is inter-departmental friction, and that some of the officers covet and are after the positions now held by others, including the job of Chief of the Department. CONCLUSIONS 1. Lester . Hurley's injuries, which resulted in his death, were caused by an accidental fall. 2. There is no evidence of any criminal responsibility for Les ter Hurley's death. 3. The Medford City Police were grossly negligent in the manner in which they handled Lester Hurley after his injury. Although it does not appear that such negligence contributed to his death, it is apparent that it did not contribute to his recov ery. 4. That the negligence herein above referred to is the inevi table result of poor organiza tion, complete absence of rou tine police procedures, and lack ot officers training, rather than personal or individual fault of officer personnel. (Beall'a Re port.) 9. That most of the defects in the Medford Police system, which were pointed out by Wil liam P. Beall, Jr. in connection with the Medford Police Survey two years ago, stm exist, and that apparently few of his maj or recommendations for the cor rection of these defects have been followed. . 6. That exisiting City and Po lice Administrative personnel cannot or will not take the steps necessary to the adoption of the Beall recommendation. Beall states: "5. No prisoner should be placed in the City Jail if he is known or suspected of being injured or ilL without first being examined and pro nounced physically fit by a li censed physician." Had this been done the "Hurley incident" could not have occurred. RECOMMENDATIONS 1. The Chief of the Medford City Police Department should be replaced by a man who is properly qualified in all respects to administer the affairs of the department. 2. T h e Police department should be placed under a Civil Service system in order that the employment and discharging of officer personnel shall be on a merit basis, thus providing for a measure of job security in the Department. 3. Because of the departmental political implication mentioned hereinabove, it is strongly rec ommended that the job of Chief of Police be filled from outside the Department and Community. Tanadar, Ausrosl t, 1U3 MEsroRO (oneaom mail Tsusun-irars It is strongly urged and rec ommended that Set William P. Beall, Jr., of the Berkeley, Cal ifornia Police Department, or other officer of like calibre and ability be brought into the de partment for the purpose ot com pletely reorganizing, revamping and modernizing our Police De partment, and that funds be budgeted immediately in an amount sufficient to employ such a person. 4. It is recommended that in terested citizens of this com munity READ the entire report of Sgt. Beall and interest them selves in the proper administra tion of their police department 5. This report should not be construed as a condemnation of all personnel in the Medford City Police Department, and it would be the recommendation of this Body that all present per sonnel who are capable of meet ing the requirements of a re organized ' department be re tained. It is with a deep sense of re sponsibility that this report is Respectfully Submitted this 5th day of August. 1953. J. E. Crawford, Foreman B. H. Boyer Donald L. Harmon Ruth A. Eberiua Tighter Traffic Jams Predicted by Officer Chicago OJ.R) H. G. Kemp er, president of Lumbermens Mutual Casualty Company, ex pects traffic jams to get tighter. He points out that during the past 10 years the number of reg-1 lstered vehicles in the United States increased by 62 per cent while total road mileage In creased only 2 per cent If cars had been spaced evenly over the roads 10 years ago, there would have been 169 yards between each car. Today that distance would be 104 yards, Kemper said, and 10 years from now, 64 yards. Kemper added that vehicles are being driven more today. The average mileage per vehicle has risen to approximately 9,500. miles per year, an increase of 16 per cent over 10 years ago. To tal annual mileage covered by all vehicles has increased 87 per cent during the past 10 years. bers. Lewis A. Birkland Harry E. Blackburn Arthur E. Owen, Mem- GIGANTIC EQUIPMENT SACRAMENTO, CALIF. Sat. Aug 8th (Starts 10 a.m.) CRANES TRACTORS CARRY ALLS TRUCKS AND CARS TRACTOR PARTS OTHER EQUIPMENT ($339,000 Valuation) for derailed oeatpsneat list, bJiom or wire NATIONAL TRACTOR CO. 5331 Stockton Blvd. Sacramento, Calif. Phone: Hiltcrest 6-6479 E CC3FCL Stfw fi RUG i CflRPCT Q) .With our cleaning meth ods, wo insure you a thor ough, sterile job. Bright ens tho colors, and re moves wear-causing grit and sand. 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