Madison
police officer Eric Parker will face a new jury on Oct. 26, as federal
prosecutors once again try to make their case that Parker used unreasonable
force, according to al.com
The first attempt ended in a mistrial, as the deadlocked
jury could not agree whether Parker acted unlawfully when he slammed down
an Indian citizen on the morning of Feb. 6.
The defense argued that police were responding to a call
about a suspicious man, then the man, Sureshbhai Patel, walked away from
officers. The defense argued Patel then pulled his hand away from Parker and
that he could have had a dangerous weapon in his pockets.
But Patel had just arrived in the United States days earlier to care
for his new grandson. He was taking a morning walk on the street in front of
his engineer son's home. He testified that he does not speak English and that
he did not pull away from officers. Patel was left partly paralyzed, was
hospitalized and had cervical fusion surgery.
Patel's surgeon testified that patients with Patel's injury
were unlikely to regain full motion in the legs or grip strength in the hands.
The case drew international headlines, as the video of the
takedown played repeatedly on news stations across India
and across the United States.
The original trial ended in a 10-2 split in favor of
acquittal, according to jurors. Soon after the judge declared a mistrial on
Sept. 11, Robert Posey, Assistant U.S. Attorney, said that the federal
government would retry the case.
Juror: "I think people go into it with their side,
their set mind."
After a late status conference today, a new trial on the
single count of deprivation of rights under color of law was set for Oct. 26,
according to Peggy Sanford, spokesperson for the U.S. Attorney's Office. A
pretrial hearing is set for Oct. 6.
Meanwhile, Parker still faces state prosecution and a
federal lawsuit.
After the mistrial, Judge Jeanne Anderson in Limestone County again postponed the state case
for misdemeanor assault. Parker was charged by his own department with third
degree assault. The office of the Alabama Attorney General office is handling
the prosecution.
The judge asked both sides to update the court on the
federal trial by Dec. 9 at 9 a.m.
The civil suit is also on hold. Patel on Feb. 12 sued the
City of Madison
and sued Parker in federal court for illegal seizure, unlawful search and
excessive force.
Judge Virginia Emerson Hopkins on Wednesday postponed any
action in the suit until next year. The judge set a deadline of March 30, 2016,
for a joint report on the status of "the multiple criminal proceeding
against Officer Parker."
In the federal trial earlier this month, the prosecution
argued Parker used a leg sweep and force Patel to the ground face first while
holding his hands behind his back. The prosecution argued Parker must have
known the move was bound to lead to injury and was therefore unreasonable and
therefore unconstitutional.
The defense argued that force must be judge from the perspective
of a reasonable officer in the moment. They argued Parker could not know that
Patel was out for a walk and that taking down a suspect who is not compliant is
consistent with training. The defense several times said the incident was
unfortunate, but not criminal.
The jury split 10-2 along race and gender lines earlier this
month.
http://www.al.com/news/huntsville/index.ssf/2015/09/new_trial_set_for_madison_poli.html
