Alabama Cop Who Assaulted Indian Grandfather Now Acquitted

[JI7]

Source: the quint

Ab Alabama police officer who had been accused of assaulting an elderly Indian man has been acquitted by a US judge on Thursday. The sentence carried a punishment of 10-years in prison.

Sureshbhai Patel, a 58-year-old grandfather was assaulted by the cop while he was walking on the sidewalk outside his son’s home in the Huntsville city of Madison county, leaving him hospitalised with a fused vertebrae anda paralysed left leg.

This decision comes after the case was declared a mistrial twice, once in September and then in November 2015.

Patel has been partially paralysed after officer Eric Parker assaulted him in February 2015. Officer Parker was caught on video repeatedly beating Patel and slamming him to the ground despite the latter telling him he couldn’t speak English. Patel was stopped by the officer after a neighbour reported a ‘suspicious black man.’

Read more: http://www.thequint.com/hot-wire/2016/01/14/alabama-cop-who-assaulted-indian-grandfather-now-acquitted

[Chakab]

2. "Accused of assaulting." The assault was clearly recorded on a dashcam. There was no justification

for that kind of force. Patel was compliant.

I'd need to know the exact language that the judge charged the jury with before their deliberation to know where to direct my outrage.

In a lot of these cases, the juries are given such narrow parameters to return a conviction that the only real option is to acquit.

That's not to say that there aren't a bunch of idiots who reflexively support the police even when there's evidence of incompetence or flat out malicious behavior.

[SoLeftIAmRight]

3. hey - it's not like they charged Patel for hitting the cops fist...

with his head

it happens

I would call them pigs but pigs are smart and nice

[rpannier]

4. While I don't think the state should be able to prosecute forever

I don't think two mistrials warrants ending this thing

Sadly the judge is a Democratic appointee

[Sunlei]

5. police obviously abuse their 'policy', freedom to use the 'ground slam'

[branford]

6. Here's a couple of more articles that explain the Judge's 92 page decision for acquittal.

In a very small silver lining, the officer was fired and is still facing state assault charges, although the maximum penalty is only 1 year in jail

http://www.al.com/news/index.ssf/2016/01/judge_throws_out_case_against.html

http://www.nbcnews.com/news/asian-america/federal-judge-tosses-civil-rights-case-against-alabama-cop-accused-n496226

[geek tragedy]

9. Condensed version: white cop, dark-skinned victim in Talibama

The first trial ended with a jury split along race and gender. Ten white males pushed to acquit and two black female jurors pushed for guilty.

The second trial saw both sides grew more divisive, as Tuten opined in his opening statements for the defense: "When you come to the U.S. we expect you to follow our laws and speak our language. Mr. Patel bears as much responsibility for this as anyone."

[branford]

10. There's a lot more to the 92 page opinion,

and I don't fault the defense counsel for using everything at his disposal to zealously defend his client. He would be committing legal malpractice if he did not.

All federal civil rights actions against police officers are very difficult to prosecute and win. As the articles explains, the statutory standards are extremely high, and the cases far more than just a federal assault trial.

Given the nature and extent of the evidence in the case and lower legal standards, I hope and expect the District Attorney will be far more successful prosecuting the state criminal charges.

[geek tragedy]

11. The only difference is intent, which is a red herring here.

Unless Alabama has a strict liability standard for assault/battery. Which I'm guessing it doesn't.

Also clear from the judge's opinion that she thinks the cop did nothing wrong and that Patel committed the only crime by walking around without ID.

[Vinca]

12. So Mr. Patel was attacked because he doesn't speak English?

The last time I checked it was legal to walk on a sidewalk. This is really outrageous, but it's only the most recent in a long string of outrageous acquittals.

[Bernardo de La Paz]

13. Laws broken: Walking while dark-skinned. Observed by malicious racist busybody. . nt

[Hortensis]

19. Thanks for the cool-eyed input, Branford.

[LiberalLovinLug]

7. So one wonders where the prosecutor's loyalties lie

If having two attempts at it just couldn't quite make a strong enough case to win. Lets see prosecutors who must work with the police department every day, probably in the same social circles and where a you-scratch-my-back relationship always works best vs. justice for one old injun....hmmm

[branford]

8. The other articles on the matter do not indicate that the Asst. U.S. Attorney

did anything but zealously try prosecute the officer.

As indicated in my earlier post and linked articles, federal civil rights charges against police officers have a high standard to meet and are consequently VERY difficult to prove and win. It is far more than an assault trial in federal court, and the reason why state charges were also filed, and will now be prosecuted.

[Scalded Nun]

14. Have they cooked up the charges yet

for Mr. Patel bleeding on the officer's uniform? I would not put anything past these evil bastards.

[blackspade]

15. The victim was dark skinned. Case closed.

[The Wizard]

16. slave state justice (nt)

[Baitball Blogger]

17. If PoC from other cultures thought they didn't have anything in common with black Americans,

they now have a reason to rethink their position.

[Hortensis]

20. This is hardly their first inkling.

[rladdi]

18. But we know who those Judges are. GOP conversatives, Our courts across the nation

are filled with them. That is why so many Republicans being charged get charges dismissed by the Judge. Our court systems as been hijacked by the GOP.

[xocet]

22. That to which you refer must be the kind of fact-free knowing that is sometimes called ignorance....

Haikala, Madeline Hughes

...

Federal Judicial Service:
Judge, U.S. District Court, Northern District of Alabama
Nominated by Barack Obama on May 9, 2013, to a seat vacated by Inge Prytz Johnson. Confirmed by the Senate on October 14, 2013, and received commission on October 16, 2013.

...

http://www.fjc.gov/servlet/nGetInfo?jid=3493&cid=999&ctype=na&instate=na

[xocet]

21. Well, if his actions comport with departmental policy, then it's all good....

Judge throws out case against police officer charged in takedown of Indian grandfather
By Challen Stephens on January 13, 2016 at 8:26 PM, updated January 14, 2016 at 10:15 AM

...

But the case proved divisive in court. Three Madison police officers testified that Parker acted unreasonably. The officer who pulled up as Patel hit the ground testified he observed no threat: "To me, he appeared to be in his 70s."

But a long list of training officers from Madison testified that Parker did nothing to violate department policy. Former patrol officer Lauren Poniatowski testified that she observed nothing in the video contrary to policy. Tuten asked if officers have to hesitate before using force. "No, sir," said Poniatowski, "hesitation will get an officer killed."

The first trial ended with a jury split along race and gender. Ten white males pushed to acquit and two black female jurors pushed for guilty.

The second trial saw both sides grew more divisive, as Tuten opined in his opening statements for the defense: "When you come to the U.S. we expect you to follow our laws and speak our language. Mr. Patel bears as much responsibility for this as anyone."

...

http://www.al.com/news/index.ssf/2016/01/judge_throws_out_case_against.html

[valerief]

23. If this miscarriage of justice isn't systemic racism, I don't know what it. nt

[reflection]

24. Outrageous.

What in the holy fuck is wrong with our police officers? So quick to escalate. Mandatory steroid testing needed NOW, at every instance such as this.

Shame on Judge Haikala, if it takes more than 2 juries to get a resolution then so be it. She's not blind. She knows what happened to that poor man.