Tag Archives: Police

Taxpayers Partially on Hook for County’s, Deputy Sheriff’s, and Their Lawyers’ Delay Tactics in Le Case

by Carolyn Bick


Even for a seasoned lawyer like Phil Talmadge, the fine the Ninth Circuit Court of Appeals has leveled against King County, the King County Sheriff’s Office deputy who shot Tommy Le, and — in what Talmadge says is also an unusual move — their lawyers, is a surprisingly hefty one: $56,752.60.

“The federal appellate courts, like Washington State appellate courts … are reluctant to award sanctions for a frivolous appeal. It doesn’t happen commonly,” Talmadge said. “There really [has] to be … a pretty flagrantly frivolous appeal before a court imposes the kind sanctions the Ninth Circuit [Court of Appeals] imposed. … There has to be no legalistic basis for the appeal. And that’s essentially what the Ninth Circuit said.”

The sanctions are one of the latest legal moves in the ongoing civil rights case the Le family and their civil case lawyers have brought against the officer, then-Deputy Cesar Molina — now Deputy Sheriff Cesar Molina — and King County. Talmadge worked as the appeals lawyer with the Le family and their civil case lawyers in a motion for sanctions (a penalty); in this case, the more than $56,000 fine leveled against the defendants and their lawyers. The fine is the total amount of money the court found that the Le family has spent specifically to fight an appeal filed by Molina, King County, and their lawyers just prior to the commencement of their trial, an appeal the plaintiffs argued was a frivolous delay tactic.  

Continue reading Taxpayers Partially on Hook for County’s, Deputy Sheriff’s, and Their Lawyers’ Delay Tactics in Le Case

BREAKING: FBI Agents May Have Intentionally Lied to Stoke Unrest in Summer Protests, BLMSKC Alleges

by Carolyn Bick


Black Lives Matter Seattle – King County has alleged in a press release that agents from the United States Federal Bureau of Investigation are responsible for providing “disinformation to local officials during summer protests to obscure a federal role in stoking unrest.” The organization said this information comes directly from a Washington State lawmaker.

Continue reading BREAKING: FBI Agents May Have Intentionally Lied to Stoke Unrest in Summer Protests, BLMSKC Alleges

Prosecutor’s Office May Face Conflict of Interest in Tommy Le Case

by Carolyn Bick


The only thing that appears to be standing in the way of the Washington State Office of the Attorney General or the United States Department of Justice bringing criminal charges against the King County Sheriff’s Office for its handling of the 2017 shooting death of Tommy Le is a phone call from either King County Prosecutor Dan Satterberg or Gov. Jay Inslee.

But it is a phone call that, as of this writing, will likely not be placed any time soon. 

While the Le family attorneys also object to Inslee’s silence on the matter, this story will examine their contention that there exists a major problem within the King County Prosecutor’s Office (KCPO) — specifically, that the KCPO faces a conflict of interest in its decision to reserve the right to bring criminal charges against the deputy who shot Le — criminal charges that could negatively impact King County, the very client KCPO is defending in the ongoing federal civil rights suit regarding Le’s death.

Continue reading Prosecutor’s Office May Face Conflict of Interest in Tommy Le Case

Proposed Legislation Attempts to Clarify OPA’s, OIG’s Power to Subpoena in Police Misconduct Cases

by Carolyn Bick


The Office of the Mayor and Seattle City Councilmember Lisa Herbold have announced new legislation that is meant to clarify the Office of Police Accountability’s and the Office of Inspector General’s power to subpoena those involved in or who are witness to possible officer misconduct — including officers themselves. 

The proposal clarifies legislation that was previously unclear due to language in both the City’s 2017 Accountability Ordinance and the 2018 Seattle Police Officers Guild (SPOG) contract that appear to counter one another. 

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Older Man Said to Be Veteran Suffering From PTSD Pepper Sprayed, Pulled to Ground by SPD Officer

by Carolyn Bick


An older man whom neighbors say is a veteran with post-traumatic stress disorder is said to be recuperating at home, after a Seattle Police Department officer pepper sprayed and then pulled him to the ground, during a protest in Capitol Hill on the evening of Nov. 27. Posts on Twitter say that the man was trying to speak to the officers about how their actions and use of a loudspeaker were triggering for him.

One of the man’s neighbors, who declined to be identified by name when the Emerald later spoke with him, caught the incident on video, and posted it online shortly after. Though the video is marked as Nov. 29, someone else made the Emerald aware that this actually happened on Nov. 27. The video, which the Emerald has included below, shows the older man interacting with a Seattle Police Department (SPD) officer, who is pushing him backwards. The older man is carrying what appears to be a collapsible cane.

Continue reading Older Man Said to Be Veteran Suffering From PTSD Pepper Sprayed, Pulled to Ground by SPD Officer

Person With No Reported History of Seizures Said to Be on Ventilator, Following Alleged Seizure Upon Arrest

by Carolyn Bick


A young man is on a ventilator at Harborview Medical Center, following his arrest for alleged property damage outside the East Precinct, during a protest in support of voting rights and against systemic racism in Capitol Hill on Nov. 4, 2020. The Emerald briefly touched on the incident in a story published yesterday, but misidentified the person as woman, based on the immediately available information.

The young man has since been identified as 30-year-old Kel Murphy-Duford, according to a Converge Media interview shared in full with the Emerald. In this same interview, Murphy-Duford’s lawyers said that multiple protestors who don’t know each other told them they saw officers “tackle and throw” Murphy-Duford to the ground, and that at least five officers “jumped” on top of Murphy-Duford, as he was lying unconscious on the ground. Bodyworn video released by the Seattle Police Department appears to show Murphy-Duford unresponsive, after the officers arrest him.

Emergency personnel told Murphy-Duford’s husband that he had a seizure and was suffering from “low oxygen” — but Murphy-Duford does not have a history of seizures, said a source who knows the man. It is also unclear whether or not Murphy-Duford was responsive the entire time officers were arresting him.

SPD later revised their SPD Blotter entry about the arrest to claim that Murphy-Duford’s alleged seizure was “potentially related to a substance the subject had ingested prior to police contact,” but his lawyers told the Emerald in an email that “[n]o one has released ANY medical information to [the Force Investigation Team (FIT)] or SPD. Doctors have not indicated at any point that there is any ‘substance’ responsible for our client’s condition.”

Continue reading Person With No Reported History of Seizures Said to Be on Ventilator, Following Alleged Seizure Upon Arrest

If the Officer Had Punched Twice, He Would Likely Have Been Within Policy: OPA Releases New Complaint Findings

by Carolyn Bick


Had the Seattle Police Department officer only punched the demonstrator twice, and for a slightly shorter period of time, the Office of Police Accountability said it may not have found that the officer violated policy when he and another officer — both of whom appear to have been wearing helmets — punched a demonstrator in the course of arresting him on the night of May 29.

This finding was included in one of the case closed summaries into five demonstration-related complaints against Seattle officers released on Oct. 23. In these findings, the Office of Police Accountability (OPA) did not sustain allegations in three complaints and only partially sustained allegations in two complaints against Seattle Police Department (SPD) officers. 

Continue reading If the Officer Had Punched Twice, He Would Likely Have Been Within Policy: OPA Releases New Complaint Findings

No Records Exist of the Review Board Interviews Conducted With the Deputies Involved in Tommy Le’s Shooting

by Carolyn Bick


When they read the OIR Group report commissioned by King County’s Office of Law Enforcement Oversight that looked into how the King County Sheriff’s Office handled the investigation into Tommy Le’s death, the Le family was surprised to read how much appeared to be working in favor of the sheriff’s department and the involved deputies, Tommy Le’s aunt Uyen Le said.

“When we received the report and the findings, it’s very obvious to us — I feel like it’s common sense that a lot of these things should be in place … but they obviously were not. And it just didn’t create a fair and just situation for Tommy. I think everything seemed to be working more in the favor of the sheriff’s department,” Uyen Le told the Emerald in an interview, referencing the report’s recommendations based on its findings.

The findings — compiled into a comprehensive, 42-page-long report that was released in early September — appeared to have a similar effect on at least one King County lawmaker, when report authors Michael Gennaco and Stephen Connolly presented it at the Sept. 2 meeting of the King County Council’s Law and Justice Committee. Upon learning of the findings, Committee Chair and District 2 Councilmember Girmay Zahilay — himself an attorney — said the way in which the King County Sheriff’s Office (KCSO) handled the investigation into Tommy Le’s shooting would appear to be “a clear obstruction of justice.”

Continue reading No Records Exist of the Review Board Interviews Conducted With the Deputies Involved in Tommy Le’s Shooting

KCSO Undersheriff to Recommend Detective Who Posted “All Lives Splatter” Be Fired

by Carolyn Bick


King County Undersheriff Patti Cole-Tindall will be recommending to Sheriff Mitzi Johanknecht that King County Sheriff’s Office Detective Mike Brown be fired, according to an internal email shared with the Emerald.

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Durkan Releases Executive Order Outlining Methods To Begin Transitioning Areas of SPD to Civilian, Community Response

by Carolyn Bick


Seattle Mayor Jenny Durkan has released an Executive Order meant to “create an accountable and transparent timeline to evaluate Seattle Police Department (SPD) functions and identify areas of SPD response that can be transitioned to civilian and community-based responses,” according to a press release from her office on Oct. 1. According to the order, the first public deliverable — a work plan and community engagement timeline — will be available in October, while the last one — a final analysis report that examines several factors, including current SPD practices and functions, as well as community input on community policing — will be available in March 2021.

Continue reading Durkan Releases Executive Order Outlining Methods To Begin Transitioning Areas of SPD to Civilian, Community Response