|
Michigan v. Budzyn
The Prosecution Rests; Defense Expected to Begin Tomorrow
(DETROIT, MICHIGAN - March 2) Prosecutors rested their case today in the retrial
of former police officer Walter Budzyn for the alleged beating death of Malice Green.
Most of the testimony attempted to tie together the state's theory that Budzyn and his
partner Larry Nevers used unnecessary force when they pulled Green's car over on November
5, 1992 and tried to convince him to show them what he had in his clenched fist. (It
was suspected that Green had crack cocaine.) The state called police officers Steven
Miles, Cassandra Pardon Smith, Michael Musial, and Gregory Taylor, all of whom either
were present at the scene of the altercation or investigated the case.
In addition, the rest of the deposition of deceased witness
Robert Knox was read to the court, and he said that Budzyn had beaten
Green over the head with a flashlight. According to Knox, Officer Larry Nevers showed
Knox cocaine that he had allegedly found in Green's car and allegedly offered it to him.
Knox declined Nevers' offer.
|
Police officer, Deborah Robinson, tells jurors
about police restraining techniques.
|
|
|
|
|
Download Realplayer
|
Key testimony came from police officer Deborah Robinson, who told jurors about the
techniques police officers are taught when restraining suspects. Robinson said the
"multiple force trauma" and blows to the head that Green suffered were the equivalent
of the fatal level force techniques that officers are trained to use only during three
situations. According to Robinson, these situations are: (1) when officers are protecting their lives (2) instances where officers are protecting the lives of citizens (3) when the suspected felon is considered dangerous and is trying to escape. In addition, fatal level force must only be used when no other reasonable techniques will work.
Robinson also told the court that flashlights were not to be used by police as weapons
and read aloud the specific guidelines that police must follow when apprehending suspected
felons. The prosecution was trying to use Robinson's testimony to show that Green was
not a dangerous felon, that Budzyn and Nevers did not use proper procedure when they
apprehended him, and that they could have used other, less forceful techniques on Green. In addition, Robinson also testified that officers have an obligation to report the misconduct of their fellow officers.
During cross-examination, Robinson admitted that she did not know personally about Budzyn's specific training or how he was instructed. Defense attorney James Howarth pointed out that Budzyn went through the police academy in 1973; Robinson admitted that the techniques she had described earlier were not being taught at the academy at that time. She also admitted that if an officer believes that a suspect has a rock of cocaine in his hand, the officer must deal with that situation.
Howarth then walked Robinson through Budzyn's version of the events, particularly how he ended up on top of Malice Green in Green's car. Although Robinson would not agree that it would be likely that Budzyn could have fallen backwards into the car, she did admit that it would not be advisable for an officer to voluntarily dive into a strange car.
On redirect examination, Robinson said that a suspect's using drugs and resisting arrest were not valid reasons to use deadly force. She also testified that, although the academy did not teach the arrest techniques at the time Budzyn came through as a recruit, he would have been exposed to the practices through in-service training. During a brief re-cross, Robinson admitted that, although she taught in-service training classes at the academy, she never saw Budzyn in any of the classes.
The state rested with Robinson's testimony. Prosecutors had considered bring a "surprise" witness to the stand against Budzyn (this witness was an inmate of Budzyn who claimed that he allegedly confessed to his role in Green's death). However, the state reportedly did not consider this witness trustworthy and abandoned him as a witness. Budzyn's defense begins tomorrow, with the defendant expected to testify by Wednesday, March 4.
top of page
|
