Excessive force case comes to speedy resolution
DOWNTOWN LA — It took a federal jury less than one hour to decide Friday that the videotaped Santa Monica police beating of an admittedly drugged-up suspect was justified.
Jeremy Naidoo, 30, ran and was tackled by officers after being pulled over for running a stop sign in Ocean Park in May 2002. Amateur video footage captured the ensuing events, which included two officers restraining Naidoo as a third struck him with police-issued nunchakus, a martial arts weapon.
At issue in the case was when exactly the officers had control of Naidoo, who in the video is seen laying face-down in the middle of the 3000 block of Third Street. Jurors described as “the clinching factor” evidence presented late in the trial that showed Naidoo was not cuffed until after he received a fifth and final blow.
“My take is they did what they had to, within the confines of the law,” said jury foreman David O’Connell, 38, a director of production for NBC. “He ran... It was pretty easy, actually.”
Santa Monica Police Department Officers Salvador Lucio and Michael Bambrick, and former SMPD Officer Michael Lanam, each of whom was sued for their part in the taped incident, thanked jurors outside the courtroom. Lucio said being a policeman was tough, but credited jurors for strengthening his faith in the system.
“They’re all relieved,” said Deputy City Attorney Carol Rohr, who wouldn’t allow the officers to comment on the verdict, saying the case may be appealed. “As their counsel, I would say that it would be difficult for anyone who is doing their job to be accused of police brutality or violence or intentionally hurting someone.”
Earlier on Friday, attorneys for Naidoo had asked the federal jury to find the policemen liable for as much as $850,000 for the early morning May 31, 2002 incident. In the tape, Naidoo can be heard pleading for help as Lucio, a backup officer just arriving on the scene, strikes him with the nunchakus. Lanam can be seen pinning back Naidoo’s right arm, while Bambrick stands behind Naidoo, who suffered only minor injuries.
Naidoo, a slight, balding man who wore a dark blue suit and tie throughout the trial, sat motionless in his chair as United States District Court Judge Audrey B. Collins read the jury’s verdict. He said afterward he was upset, but accepted the decision.
“I have my freedom, which is the best thing I could have,” Naidoo said. “I have my health. It wasn’t really so much about the money. It was about them being wrong.”
Accompanying Naidoo on Friday was his young son Jeremy and his father Vassie, owner of a Santa Monica martial arts studio and long-time proprietor of Palisades Bakery, along with Naidoo’s uncle, brother, and several other relatives.
Lucio’s parents also were present, as were his sister and brother, a junior SMPD officer.
The jury’s decision came after four days of trial in the federal civil suit, including testimony from two eyewitnesses. One was videographer Evan Brown, who flew in from Honduras to take the stand. Brown said he heard an officer say “Yeah, f*ck him up” before the fight began. Also testifying was eyewitness Daniel Weitzel, who was so outraged by the late-night beating that he called 911 and insisted that authorities send out an officer so he could record a statement.
Jurors said they believed both eyewitnesses, but added the beating likely sounded worse than it was. The nun-chakus used to strike Naidoo were made from two pieces of heavy, polyurethane plastic tied together by a short piece of braided nylon. Lucio held the two pieces together when he hit Naidoo, and the impact of the two pieces hitting one another made a loud “whacking” sound.
Rohr throughout the trial, and in her closing arguments Friday, referred to the fact that Naidoo had been smoking crack and cocaine the day and evening before the taped incident. Before he was tackled by officers, Naidoo admitted he threw away a bag containing methampheta-mines, cocaine, marijuana and a Viagra pill.
A list of previous criminal charges Naidoo was convicted of as a youth were kept out of trial, as was a previous excessive force suit against Bambrick, who had been accused of breaking Dr. Lawrence Ring’s thumb and other bones in his hand after stopping him for suspicion of driving under the influence.
City Hall initially sought to keep the video out of trial, arguing it didn’t reflect the “totality of the circumstances” because it didn’t depict the events that preceded the beating.
Judge Collins denied that request, along with Rohr’s attempt to exclude from trial slow-motion copies of the video and the actual nunchakus used to strike Lucio, which she suggested could be substituted with photographs. Rohr also was denied her motion to exclude reporters from pre-trial hearings.
The video footage was kept secret by Naidoo’s lawyers until last summer, when City Hall asked the case be heard in federal court, where the rules governing how evidence is shared are stricter. Meanwhile, seven felony charges initially levied against Naidoo in connection with the May 2002 traffic stop were dropped. Naidoo pleaded guilty to one misdemeanor charge to be dropped after he completed a drug diversion course, according to his lawyers.
After the jury delivered their verdict Friday afternoon, Carmen and Salvador Lucio, Lucio’s parents, said they were proud of their son and were confident all along their son would prevail. Lucio is married and has three young girls of his own.
“He’s putting his life on the line every day,” Salvador Lucio Sr. said. “Every hour of every day.”
Originally published in the Santa Monica Daily Press print edition on March 12, 2005. Read the original PDF.