Excessive force trial against three SM officers gets underway next month
DOWNTOWN LA — A federal judge has ruled that amateur video footage of a May 2002 Santa Monica Police beating can be brightened, slowed down, paused and otherwise enhanced at trial so a jury can better see exactly what took place.
The decision by United States District Judge Audrey B. Collins came eight days after she indicated she would not allow the video footage to be played in slow motion, because it didn’t reflect the pace of the events as experienced by the officers.
“This is not the speed in which it’s happening,” Judge Collins said during a pre-trial hearing last week at the Edward R. Roybal Federal Building and Courthouse in downtown Los Angeles. “That is not real life.”
Judge Collins apparently reversed course after accepting written arguments from attorneys for Jeremy Naidoo, who was struck five times with police-issued nunchaku, a martial arts weapon, after he fled from his car during a traffic stop in Ocean Park.
“The high probative value of the enhanced versions outweighs any possible prejudice to defendants,” Judge Collins wrote in her Feb. 22 decision. “Moreover, the alterations in presentation that the plaintiffs seek do not change the contents of the recording...
“The court is mindful, however, that visual images can leave deep impressions,” Judge Collins continued. “The jury will first view the recording in real time with no brightening or slowing effects, and any enhanced versions will be clearly delineated as such.”
A jury trial in the case is scheduled for March 8. Judge Collins’ decision to allow the video enhancements dealt a blow to attorneys at City Hall, who have sought to keep the video out of trial on the grounds that it doesn’t depict the events preceding the May 31, 2002 beating.
Deputy City Attorney Carol Rohr didn't return calls seeking comment. In earlier interviews and court testimony, she has maintained the officers were reasonable in their use of force, saying Naidoo failed to cooperate with police, acted nervously and bolted from his car before finally being tackled by two officers.
The amateur video was captured by an eyewitness from an upper-level balcony. It shows SMPD Officer Salvador Lucio, a backup officer just arriving on the scene, repeatedly strike Naidoo on the head and shoulders. SMPD Officer Robert Lanam is seen kneeling on Naidoo’s back, pinning his right arm back, while SMPD Officer Michael Bambrick stands above Naidoo.
Lucio hits Naidoo four times rapidly before Bambrick and Lanam appear to restrain Naidoo’s left arm. Seven to eight seconds later, Lucio delivers a fifth blow.
In excessive force cases, what jurors must decide is whether officers used “objective reasonableness” when considering the “totality of the situation,” according to Judge Collins and attorneys on both sides of the civil lawsuit.
Naidoo, 30, claimed the video proves the officers used excessive force because they continued to strike him even after he was restrained. In the footage, Naidoo is heard screaming, “Don’t hit me! Please don’t hit me!” Lucio is heard yelling, “Get your arm back! Get your arm back!”
The nunchaku Lucio used to hit Naidoo was made from two pieces of heavy, polyurethane plastic, connected by a short string of braided nylon, according to Police Chief James T. Butts, Jr., who has declined to discuss the case at the advice of City Attorney Marsha Moutrie.
Moutrie has discussed the case only to say excessive force cases are very rare in Santa Monica.
Naidoo didn’t suffer any debilitating injuries from the strikes, though his lawyers said he was treated for welts and abrasions to his head and shoulders. They also claimed attorneys at City Hall had not made any offers to settle the case, but declined to name a suitable amount.
Two key witnesses are expected to testify against the SMPD at trial. One is Evan Brown, who began shooting the video footage after hearing one officer say, “Yeah, f*ck him up,” according to Naidoo’s lawyers. Another is eyewitness Daniel Weitzel, who called 911 after the incident and insisted on lodging a formal complaint against the three SMPD officers, a transcript of the call shows.
The son of longtime Palisades Bakery owners Sylvia and Vassie Naidoo, Jeremy Naidoo originally faced a third-strike conviction in the criminal courts and 25 years to life behind bars on seven felony charges. After the video surfaced, prosecutors agreed to let Naidoo plead guilty to one misdemeanor charge that would be wiped away after he completed a drug diversion course, lawyers said.
Originally published in the Santa Monica Daily Press print edition on February 26, 2005. Read the original PDF.