Judge clears way for case against Oakland police to move ahead
By Kelly Rayburn
Oakland Tribune
Posted: 02/24/2010 07:05:16 PM PST
Updated: 02/25/2010 07:43:36 AM PST
OAKLAND — Police misled the family of a 35-year-old man who died in 2000 after he said that he was beaten by officers, a federal judge said in a ruling Tuesday.
U.S. District Court Judge William Alsup wrote that Geraldine Montoya, mother of Jerry Amaro, was discouraged from filing a wrongful-death lawsuit against the city immediately after Amaro's death because of "misleading statements and conduct" by police. The ruling clears the way for a case the family filed in 2009 to move forward after the city wanted it tossed out, arguing the statute of limitations had run its course.
Amaro's family filed suit last year after revelations in January 2009 showed that the FBI was investigating Amaro's death, including the role played by then-Lt. Edward Poulson, who oversaw a drug sting during which, according to the family's lawsuit, Amaro was beaten.
Amaro suffered five broken ribs, a lacerated lung and other injuries. Alsup wrote that Amaro's jailhouse cellmate recalled, "Ray Charles could have saw he was beat up." Amaro died a month after the encounter.
Shortly after her son's death, Montoya "almost filed suit but was dissuaded from doing so by affirmative and misleading statements and conduct by Oakland police," Alsup wrote, adding that it should be up to a jury to determine if authorities concealed information that would have led to a lawsuit within the normal statute of limitations.
The city has 10 days to ask for an appeal. The Police Department and City Attorney John Russo's office declined to comment Wednesday. Jim Chanin, an attorney representing Amaro's family, said, "There is enough evidence to prove that the statutes of limitations should not apply in the case and that we should continue the case until it's over."
Alsup focused on Montoya's statement that police Sgt. Gus Galindo told her on the day Amaro died that the death was "gang-related, and (Amaro) died in the street" because he was "mixed up with a gang and drugs."
Earlier that day, the judge wrote, Galindo's team of homicide investigators had learned that an intake correctional officer had documented that Amaro had complained of rib pain when he was taken into custody. The judge also said the investigators had identified a witness who said she saw police beating someone who matched Amaro's description and had spoken with a doctor who examined Amaro who said Amaro reported being beaten by police.
Galindo's supervisor, Lt. Brian Medeiros, head of the homicide unit, called Galindo a "very honorable, professional and ethical investigator" whom he supports "100 percent." Oakland police union President Sgt. Dom Arotzarena said Galindo has been "an outstanding police officer for his entire career. There would be no reason to suspect him of saying anything untrue."
Galindo did at one point brief then-Chief Richard Word on the homicide investigation, concerned that officers' statements were not adding up, Alsup wrote. Word referred the matter to the Internal Affairs Division, which opened a separate investigation. The Alameda County District Attorney's Office also was briefed on the homicide investigation but never filed charges.
"Jerry Amaro's death was the subject of both a homicide and Internal Affairs investigation involving the very allegations of misconduct (the family) presented to the police," Alsup wrote. "Despite this fact, the only information police provided to the victim's family was the false story that Amaro had been beaten and killed by gang members due to drug involvement."
By Kelly Rayburn
Oakland Tribune
Posted: 02/24/2010 07:05:16 PM PST
Updated: 02/25/2010 07:43:36 AM PST
OAKLAND — Police misled the family of a 35-year-old man who died in 2000 after he said that he was beaten by officers, a federal judge said in a ruling Tuesday.
U.S. District Court Judge William Alsup wrote that Geraldine Montoya, mother of Jerry Amaro, was discouraged from filing a wrongful-death lawsuit against the city immediately after Amaro's death because of "misleading statements and conduct" by police. The ruling clears the way for a case the family filed in 2009 to move forward after the city wanted it tossed out, arguing the statute of limitations had run its course.
Amaro's family filed suit last year after revelations in January 2009 showed that the FBI was investigating Amaro's death, including the role played by then-Lt. Edward Poulson, who oversaw a drug sting during which, according to the family's lawsuit, Amaro was beaten.
Amaro suffered five broken ribs, a lacerated lung and other injuries. Alsup wrote that Amaro's jailhouse cellmate recalled, "Ray Charles could have saw he was beat up." Amaro died a month after the encounter.
Shortly after her son's death, Montoya "almost filed suit but was dissuaded from doing so by affirmative and misleading statements and conduct by Oakland police," Alsup wrote, adding that it should be up to a jury to determine if authorities concealed information that would have led to a lawsuit within the normal statute of limitations.
The city has 10 days to ask for an appeal. The Police Department and City Attorney John Russo's office declined to comment Wednesday. Jim Chanin, an attorney representing Amaro's family, said, "There is enough evidence to prove that the statutes of limitations should not apply in the case and that we should continue the case until it's over."
Alsup focused on Montoya's statement that police Sgt. Gus Galindo told her on the day Amaro died that the death was "gang-related, and (Amaro) died in the street" because he was "mixed up with a gang and drugs."
Earlier that day, the judge wrote, Galindo's team of homicide investigators had learned that an intake correctional officer had documented that Amaro had complained of rib pain when he was taken into custody. The judge also said the investigators had identified a witness who said she saw police beating someone who matched Amaro's description and had spoken with a doctor who examined Amaro who said Amaro reported being beaten by police.
Galindo's supervisor, Lt. Brian Medeiros, head of the homicide unit, called Galindo a "very honorable, professional and ethical investigator" whom he supports "100 percent." Oakland police union President Sgt. Dom Arotzarena said Galindo has been "an outstanding police officer for his entire career. There would be no reason to suspect him of saying anything untrue."
Galindo did at one point brief then-Chief Richard Word on the homicide investigation, concerned that officers' statements were not adding up, Alsup wrote. Word referred the matter to the Internal Affairs Division, which opened a separate investigation. The Alameda County District Attorney's Office also was briefed on the homicide investigation but never filed charges.
"Jerry Amaro's death was the subject of both a homicide and Internal Affairs investigation involving the very allegations of misconduct (the family) presented to the police," Alsup wrote. "Despite this fact, the only information police provided to the victim's family was the false story that Amaro had been beaten and killed by gang members due to drug involvement."
