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This page contains a single entry from the blog posted on November 24, 2006 2:36 AM. The previous post in this blog was Happy Thanksgiving. The next post in this blog is A hit of a different kind. Many more can be found on the main index page or by looking through the archives.

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Friday, November 24, 2006

Jumping to a (probable) conclusion

Willamette Week has been claiming control over all the "facts" in the killing of James Chasse Jr. by the Portland police on Sep. 17. And it seems awfully quick to reinforce the official view of Chasse's death, as told by the state medical examiner.

This week the Double Dub even went so far as to publish this:

Did police beat James Chasse Jr. to death?

It's not totally clear, but probably not.

And why is that?

None of the interviews with a half-dozen civilian witnesses details a higher level of violence than the three officers involved described in their statements: several punches and kicks and the application of a Taser (which didn't seem to have much effect).

State Medical Examiner Karen Gunson says the massive injuries to Chasse's chest were not consistent with individual punches and kicks. The injuries are consistent with what most witnesses described: one or more officers landing on top of Chasse.

That gets WW to "probably not" as a fact.

The article does not refer explicitly to the witnesses who filed complaints of police brutality immediately after the killing. As reported by Maxine Bernstein of the O on Sep. 21:

The Rev. Randall Stuart, who is directing the season opener at Artists Repertory Theater, was walking with his friend Constance Doolan, an elementary-school music teacher visiting from Oakland, Calif., when they watched the violent encounter...

The man was yelling, "I won't, I won't. I won't get on my stomach," and kept struggling with the officers, the witnesses said.

At some point, they said, the man tried to bite an officer, and an officer repeatedly kicked the man somewhere in the upper midsection of his body and struck him with his hand.

I think repeated kicks to a downed man's rib cage could break his ribs and puncture his lung. And although that may not square with the state medical examiner's conclusions, if I were a journalist writing about this I don't think I'd accept at face value what I read from the medical examiner. That official, who owes her job and her budget to the police, didn't assuage anyone's suspicions of general bias in this case when she branded Chasse's death an "accident."

I don't know all the details of exactly what happened that awful evening. But unlike Wily Week, I can't get to "probably not death by beating," and I don't see how they can.

A civil lawsuit will determine what caused Chasse's death, if the city doesn't settle the case for big bucks first. Until then, one can certainly say that he was killed by excessive force and inexcusable neglect by an officer with a singular history of violence. Beaten or kicked to death? Maybe, maybe not.

Comments (8)

Why didn't Chasse get the medical treatment that might have saved his life?

The follow up question to this one, that Willamette Week fails to ask, is why didn't the police, who were on the Banfield and like three minutes away from the emergency room, take Chasse there? They pull off the highway, instead, into a residential neighborhood, just happen to come across a guy with a defibrilator, and eventually call for an ambulance when they're unsuccessful at resussitating him.

How Chasse got hurt in the first place is one issue. Bt how he dies while in police custody, without getting appropriate and timely medical attention, is, in my opinion, equally important.

In a media world that thrives on 'breaking news', which prematurely supplants the previous break in news, it's encouraging to see the Oregonian, WW, and other local outlets coming back again and again to the Chasse story. And, I'd miss much of it if you, Jack, weren't still tracking and posting on it. Thanks.

Your two WW links and associated criticism perhaps highlight an incidental WW problem with headlining. Both are under the Ian Demsky byline.

The first is more or less a story summary, which would be informative for those not following the story closely, but provocative for those tending to not have a neutral, wait-and-see, we'll-never-really-know attitude.

The second WW/Demsky headline "Fact Check" is misleading and might better have been titled "The reporter's interpretations and opinions" or "Editorial comment by the reporter".

At this point, the Chasse Affair is beginning to remind me of "All the President's Men". The Watergate breakin was one thing, but "Watergate" was something completely different. What its tenacles told us about people and institutions who were peripherally involved, often after the fact, was enormous.

Begging the questions stemming only from Mr. Chasse's day in history, the other story is how government behaved in the following days and even now, the deafening silence of the rank and file police officers, the arrogance of the union, the stonewalling from EMTS, mental health and hospitals in the name of "confidentiality", and so on and so forth.

Smaller stories have led to big books, if one is inclined to "follow the money" and other clues.

I would proffer an alternative reason for the WW's continued coverage of the Chasse case: they resolutely ignored the story for six weeks (because they had nothing new to add), until it got so big they had to run with "catch-up" coverage, which has been, in parts, very strong. In other parts, like this week, it's smacked hard of filling space on the news pages.

I'm not blaming Demsky, he's probably been put up to this by the publishers so they can enter his coverage for an award in "hard-hitting investigative journalism", which WW prides itself on. But who got the photos of the incident first, and ran them prominently from day one? Who dogged the story for weeks before the WW caved and followed suit?

I gotta agree with my hubby on this one.

Those three minutes -- why did they pull off then, minutes from the hospital?

Picture yourself, your wife in screaming pain delivering your first-born in the backseat, your father clutching his chest and moaning in the throes of a heart attack -- you're minutes from the hospital, but instead of blazing your way -- followed by howevermany cops you might pick up along the way -- you pull off the road (conflicted on how to interpret this? Ask your wife... how would she feel is she was in the backseat, needing to get to the hospital?)

...It makes no sense at all, except if you open the door to the notion that they needed to "clean him up" -- take the handcuffs off, before they presented his him to the EMTs they called to come get him, and escort him those last three minutes, finally, to the hospital...

too late

"How Chasse got hurt in the first place is one issue. Bt how he dies while in police custody, without getting appropriate and timely medical attention, is, in my opinion, equally important." I couldn't agree more. It also seems to me that there is a synergy between the initial beating and the indifference after the fact. The conduct of the officer at the scene who lied about the 14 arrests for crack and so forth is also very telling of a thuggish mentality. The bottom line is that they treated a fellow human being like a piece of garbage that could be stomped on an thrown into the garbage while they yawned and scratched their backsides. It makes you wonder how many other people have beat up like this at 3 a.m. in an alley and we didn't hear about because the people didn't die on a busy street during daylight on a pleasant summer eve.

I also agree with Matt Davis' post. The Willy Week got scooped on this entire story out of the gate beginning with the Mercury reporters photographs and the O's first report of the actual witness accounts to police. WW is just repeating what we already know. It's sort of as if they are saying "So what we really didn't care about that stupid story anyway."

You get the picture when you read that Thumper Humphreys was so busy scraping up a white powder off the sidewalk, hoping against hope that it was some drug that he could pin on Chasse, that he didn't notice that he had seriously injured the guy.

But speaking of pictures, his trip to Starbucks while the man lay on the sidewalk, bleeding from the mouth... I'm sorry, that officer needs a desk job.

The impact of this incident on "community policing" goals is noticeable. The other night at the ballgame a couple of officers stopped to chat with my kids. You can bet I was checking their name tags to see who they were. If it had been Humphreys or Nice or Kaer (who gratuitously shot a man to death recently), the conversation would have been very brief.

And where's Potter? Hiding. Hiding, it is said, his own past. If he can't or won't bust some tail for stuff like this, there's no hope for the bureau. It's really sad. He could have made a real mark in history with this case -- he probably still could -- but it's clear that he won't.

The Medical Examiner K. Gunson quoted by the WW is an employee of the State Police, and such is not an entirely disinterested or objective person in this case.

Among her responsibilities is to conduct a public inquest if there are any reasons to suspect criminal culpability. There was plenty of evidence to suggest criminality here, still Gunson did not feel it necessary to conduct it.

I seriously doubt that the nature of rib cage damage is sufficient for anybody to determine whether it was due to repeated beating/kicking or a heavy object falling on it.The city needs to hire an independent examiner, police personnel pronouncing on criminality in death-in-custody cases is not a particularly sensible arrangement.

The issue whether we have here a criminally negligent manslaughter is still very much open despite WW’s assurances to the contrary.

--

We have two formal adjudications, one by Shrunk another one by Gunson, both of which by people who cannot be trusted for various reasons (historical in the case of DA Schrunk) and the fact of her being employed by the police in the case of Gunson.

The city needs to think outside the old box, few people have much faith in the integrity of the present system. For good reasons. Portland police kills people at outrageous rates, 200 times higher than in Great Britain.

Ya the WW story is disappointing, citing opinions formed from selected facts. Do you have high expectations? Where's your justice system now, huh? We're in the high court of public opinion - and everyone has one.

Or, you can figure for for yourself what happened. All the witness testimony - cops, jailers, fireman, EMTs (who refused to cooperate), case workers, and street corner citizens, all evidence collected by police and presented to the grand jury is online at Mental Health Assocation of Portland

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In Vino Veritas

Falset, Garnacha Rose, Montsant 2006
Castello di Bossi, Chianti Classico 2004
Domaine Chandon, Pinot Noir, La Riviere Sonoma 2006
Brazin, Old Vine Zinfandel, Lodi 2006
B.R. Cohn, Silver Label Cabernet 2006
Casillero del Diablo, Cabernet 2007
Gentil Hugel, Alsace 2006
Mesoneros de Castilla, Ribero del Duero, Rosado 2008
Cor, Momentum 2007
Santa Margherita, Pinot Grigio 2006
Rubico, Lacrima di Morro d'Alba 2007
Gilstrap Brothers, Reserve Merlot 2003
Conundrum 2007
Chandler Reach, 36 Red
Santa Rita, Reserve Cabernet 2005
Marietta, Old Vine Red Lot 47
L'Ecole No. 41, Recess Red 2006
Dom Martinho, Red 2004
Beaulieu, Georges Latour 1994
Caymus, Cabernet 1995
Columbia Winery, Merlot 2005
Bergevin Lane, Columbia Valley Cabernet 2005
Savigny-les-Beaune, Les Lavieres 2003
David Hill, Reserve Merlot, Rogue Valley 2006
Educated Guess, Cabernet 2006
Maquis Lien, Red 2005
Charles Smith, Kung Fu Girl Riesling 2007
David Hill, Farmhouse White
Robert Mondavi Solaire, Cabernet 2005
Castello Monaci, Liante, Salice Salentino 2006
Ricardo Santos, Malbec 2006
Quinta da Espiga, Tinto 2006
Charles Smith, Holy Cow Merlot 2006
Charles Smith, Boom Boom Syrah 2006
Charles Smith, The Honorable Pinot Gris 2007
Santa Rita, Cabernet Reserva 2005
King Estate, Pinot Gris 2007
Gloria, Douro, Tinto 2002
Bogle, Petite Sirah Port, Clarksburg 2005
Cardwell Hill, Pinot Noir 2004
Silkwood, Red Duet Cabernet-Syrah 2004
Portuga, Vinho Branco 2006, 2007
Osborne, Solaz 2004
Santa Rita, Cabernet, Reserva 2005
Penfold's, Koonunga Hill, Shiraz Cabernet 2006
Chateau Ste. Michelle, Cabernet, Indian Wells 2004
Chateau Ste. Michelle, Merlot, Horse Heaven Hills 2004
Hannah Nicole, Red 2004
Penfold's, Koonunga Hill Shiraz Cabernet 2005
Protocolo, Red 2005
Woodbridge, Chardonnay 2006
Portuga, Vinho Branco 2006
Beaulieu, Cabernet, Rutherford 1998
Beaulieu, Cabernet, Rutherford 1996
Kirkland, Roogle Shiraz 2004
Garda, Classico Chiaretto
A to Z, Oregon Pinot Gris 2005
I Giusti & Zanza, Nemorino 2006
Treana, Marsanne-Viognier, Central Coast 2005
Fife, Syrah, "Stanford" 2000
B.R. Cohn, Silver Label Cabernet 2005
Marques de Casa Concha, Cabernet 2005
Santi, Sortesele Pinot Grigio 2006
Al Muvedre, Tinto Joven 2006
Layer Cake, Shiraz 2006
Gritti, Ca' Andrea, Umbria red 2005
Altos de Luzon, Jumilla 2004
Thomas Leithner, Zweigelt 2004
Cain Cuvee NV 3
Chateau Ste. Michelle, Merlot 2003
Meridian, Sauvignon Blanc 2005
Canoe Ridge, Merlot 2003
Paringa, Shiraz 2005
King Estate, Pinot Gris 2005
Canoe Ridge, Merlot 2003
Maculan, Pino & Toi 2005
Kris, Pinot Grigio 2006
Silvan Ridge, Pinot Gris 2006
Fife, Mendocino Syrah, "Stanford" 2000
Castle Rock, Cabernet, Paso Robles 2005
Willakenzie, Pinot Gris 2006
The Show, Cabernet 2005
Essencia Valdemar, Rioja Rose 2006
Chateau Ste. Michelle, Merlot, Horse Heaven Hills 2004
Beaulieu Vineyard. Napa Valley Cabernet 2004
Irony, Cabernet, Napa Valley 2003
Rosenblum, Petite Sirah, Heritage Clones 2005
Fra Guerau, Montsant 2002
Barefoot Chardonnay
Kana, Syrah 2004
Castell Salegg, Chardonnay, Alto Adige 2004
Fetish, The Watcher Shiraz 2004
Gold Note, Fair Play Zinfandel 2005
Chateau Ste. Michelle, Canoe Ridge Estate Cabernet 2003
Ponzi, Pinot Noir 2004
Red Diamond, Merlot 2003
Mateus, Rose
Benton Lane Pinot Noir 2004
Penya Cadiella Vins de Comtat 2003

The Occasional Book

Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 26
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In 2006: 100
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In 2003: 269
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