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Judge declares mistrial in US cop assault on Indian grandfather

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By NewsGram Staff Writer

credit: www.s2.india.com
credit: www.s2.india.com

Washington: A 57-year-old Indian grandfather, who was slammed by an Alabama police officer as he was walking in his son’s neighbourhood that left him partially paralysed, has been served justice as a US judge declared a mistrial in the federal trial.

Eric Parker, the 26-year-old police officer, was charged with violating the civil rights under colour of law of Sureshbhai Patel during an incident on Feb 6, just six days after he had arrived from India to take care of his grandson.

Trying Parker in a Huntsville, Albama federal court, 12-person jury couldn’t reach a verdict in this US cop assault on Patel case, which must be unanimous. A US District Judge Madeline Hughes Haikala declared mistrial, Al.com reported.

Based on the final note the jury sent to Haikala, no jury changed their position since deliberations began anew when an alternate juror was added on Thursday morning. Altogether, the new jury deliberated about 10 hours.

Prosecutor Robert Posey said the US government will try the case against Parker again.

“We plan to re-try the case and so another jury will get a chance to see this evidence and hear the testimony,” Posey said. “We will let them decide.”

The Patel family, through attorney Hank Sherrod, declined to comment on the mistrial in an email to AL.com.

Expecting a re-trial not very far in the future, Posey said federal law mandates the trial begin within 70 days, unless one side asks for a delay and it’s granted by the judge.

“Our team is going to go back and huddle up and review, as you might expect, everything that we’ve done and see if there’s anything we want to change,” Posey said.

“We were able to introduce all of our evidence. The jury got a chance to hear from the defendant. We’ll just look forward to the next time,” he said.

“Obviously some of them saw things our way and some of them didn’t. At the end of the day, we come back and try it again. We’ll see how that goes,” said Parker’s attorney, Robert Tuten.

The case has drawn international attention after video of the take down of Patel went viral.

Alabama Governor Robert Bentley issued an apology to the government of India for the incident. In his apology, the governor described the actions taken by Parker as “excessive force.”

With inputs from IANS

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US court acquits policeman charged with assaulting Indian grandfather

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Washington: To the shock of the Indian American community, a US judge has acquitted an Alabama police officer who slammed a visiting Indian grandfather to the ground while taking a walk outside his son’s home.

Federal Judge Madeline Hughes Haikala threw out the case against Madison Police officer Eric Parker, who faced up to 10 years in prison for using excessive force against 57-year-old Sureshbhai Patel down in February last year, Al.com reported.

Turning down the prosecutors’ plea for a third trial after two mistrials, Haikala late on Wednesday filed a 92-page opinion, saying: “The government has had two full and fair chances to obtain a conviction; it will not have another.”

“The result in this case is by no means satisfying. Hindsight brings clarity to a calamity,” she wrote in the conclusion of her opinion.

“Mr. Patel’s celebrated arrival in this country to begin a new life with his son was interrupted in two tragic minutes.”

“If Mr. Parker or Mr. Patel could take that time back, both would surely do things differently and avoid the events that have forever changed both of their lives.”

“Mr. Patel had-and has-just as much right to be free from excessive force as every citizen of this country. He is welcome here, and it is appropriate to grieve his injury.”

“However, that injury, standing alone, does not provide the basis for a criminal judgment against Mr. Parker under 18 U.S.C. 242.”

A team of three federal prosecutors had twice tried Parker last year for the takedown of Patel on the morning of February 6, 2015. Both trials ended with a deadlocked jury.

On Wednesday, federal prosecutors had filed a motion against acquittal, arguing that a reasonable jury could view the video and listen to testimony and decide Parker intentionally used excessive force in slamming Patel into the ground.

Parker twice testified that he lost his balance and fell. He also testified that Patel repeatedly jerked his hand away from Parker. “It concerned me that he was going for that weapon I presumed he had,” testified Parker.

Patel, who had just arrived from India to help care for his grandson, testified he does not speak English and did not resist.

“I did not try to run away but I did go back a couple of steps to show them my house, my house,” testified Patel through an interpreter at the second trial. “They put their hands on me and I was just standing and did not move.”

On the morning of February 6, a neighbour called police to complain of a “skinny black guy” who is “just kind of walking around close to the garage”.

Police found Patel walking along the sidewalk. But Patel could not answer questions and the confused encounter ended with Patel in an ambulance.

Cheng Tao, the neurosurgeon who operated on Patel at Huntsville Hospital, twice testified that the takedown left Patel unable to walk or grip his hands.

Tao told both juries that he replaced one vertebra in Patel’s neck with a metal cylinder and plate.

Parker still faces a state charge of misdemeanour assault in Limestone County.

The case drew international interest prompting Governor Robert Bentley to issue a letter apologising to Patel and to India. (IANS)

(Picture courtesy: www.gofundme.com)

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Mistrial declared in US cop’s assault on Indian grandfather

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source: yahoo news

Washington: The case against an Alabama police officer charged with slamming an Indian grandfather to the ground last February and severely injuring him, was declared as having gone through a mistrial, a US judge declared for the second time in two months.

US District Judge Madeline Hughes Haikala declared a mistrial Wednesday in the case against Madison Police Officer Eric Parker, 27, for assaulting Sureshbhai Patel after the jury told her that it was deadlocked despite ‘intense discussions’, according to Al.com.

Parker’s first criminal trial at the federal courthouse in Huntsville ended Sep 11 with a jury hung 10-2 in favour of acquittal, leading to the retrial.

The retrial began Oct 26. The new jury spent more than three days deliberating after receiving the case on Friday afternoon. But on Wednesday afternoon it told the judge it had reached an impasse.

Patel who does not speak English, was walking in front of his son’s home on the morning of Feb 6 when a neighbour called police to report a suspicious person.

Parker and another officer stopped Patel. Parker says Patel did not comply with police orders, that he pulled away during a frisk and that he feared Patel could be armed. Parker testified he lost his balance during the takedown.

Patel said he did not understand officers, did not resist and did not pull away. Testifying through a Gujarati translator he told the court that he just stood there, that he did not jerk nor pull his hands away before the takedown.

“I did not try to run away but I did go back a couple of steps to show them my house, my house,” testified Patel on Wednesday. “They put their hands on me and I was just standing and did not move.”

Federal prosecutors argued Patel, 57, is a “small, old man” who does not speak English, had just arrived from India a week earlier and did not pose any threat to the pair of officers who confronted him.

Defence attorney Robert Tuten told the jury that lack of English does not excuse Patel: “When you come to the US we expect you to follow our laws and speak our language.”

He also argued that Patel’s actions led to the takedown, that Patel was not allowed to walk away from police or pull his hand away.

Assistant US Attorney Robert Posey, according to Al.com said Tuten had moved the judge for acquittal after the mistrial. The judge must rule on that before the prosecution can decide whether to bring the case back for a third trial.

Posey said: “I feel strongly about the case. It’s something we’re going to discuss…this is a strong case that needed to be brought. And it would be nice to get a resolution.”

Parker also faces a state charge of misdemeanour assault. That case has been on hold pending the outcome of the federal trial.

(Arun Kumar, IANS)

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All lives matter, trial for assaulting Indian grandfather

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Washington: Assistant US Attorney Robert Posey on Friday “It’s not only police lives that matter, all lives matter,” after he weighed afresh evidence against an Alabama police officer charged for using excessive force on an Indian grandfather.

“The defence says the community must respect police, but the police must earn the respect of the community,” Assistant US Attorney Robert Posey told the jury in a Huntsville, Alabama court Friday in his final arguments.
As
The first trial of former Madison Officer Eric Parker for Feb 6 slamming of Sureshbhai Patel, who had arrived days earlier from India to take care of his grandson, ended last month with a 10-2 in favour of acquittal.

If convicted, Parker faces 10 years in federal prison.

Posey told the jury that in deciding whether the force was excessive they need to look at the severity of the crime in progress, according to local Al.com.

The call from a neighbour about a suspicious person in the neighbourhood, said Posey, alleged only: “Walking, standing, looking. None of these are crimes.”

He also urged the jury to consider immediacy of the threat to the officer. “This officer is saying he had to do this because of his safety,” said Posey, arguing that walking away from officers is not evidence a suspect is armed.

Patel was not armed. “Just doesn’t make sense,” said Posey. Parker, he suggested changed his story after he realised he could not “stand him up and brush him off.”

He said then Parker began to develop a reason for the stop, asking a dispatcher for help identifying crimes in the area for probable cause. Posey said that suggests Parker knew what he did was wrong.

Defence attorney Robert Tuten put the blame on Patel saying “All Mr. Patel had to do was stop.”

He said if Patel had shown officers some identification, they would have written a report and sent him on his way. He said police are obligated to investigate calls from neighbours concerned about someone suspicious in the area.

Patel didn’t speak English and didn’t understand the officers’ questions. But, Tuten said there was no way Parker could know this was a “harmless Indian grandfather walking down Hardiman Place Lane.”

“We all feel sorry for Mr. Patel. We wouldn’t be human if we didn’t,” he said, but he suggested the video shows Patel did not comply with police orders. “The event, this incident, was escalated by what Mr. Patel did. All he had to do was stand there.”

Posey offered final rebuttal to the jury saying it’s true to say there are lives on the line during police encounters, but he added: “It’s not only police lives that matter. All lives matter.”

The new jury deliberated in private for over an over hour late Friday after hearing three days of testimony. It would resume its deliberations Monday after once again watching the video of Parker taking Patel to the ground.

(IANS)