[Peace-discuss] Re: [Announce] [Peace] Adding Insult to Injury: State’s Attorney Releases Medical Records of “Toto” Kaiyewu

Thu Jun 4 02:25:18 CDT 2009

In the case of the pit bull, the officers probably had to be careful to
disable the dog without causing harm to the person who was being attacked
which really does not have any bearing on the questions that are being
raised here. What I see as a concern here is how investigators are choosing
to frame what happened here to the media. In other words - how public
opinion may end up being distorted as a result of releasing medical records
and reports. I believe that many of us can agree that law enforcement
officials are often put in situations where they have to make decisions very
very quickly in order to maintain public safety and protect each other from
harm. As such, it makes perfect sense that this story is being presented as
one where the officers may have been in danger and acted accordingly. The
basic criticism as I understand it is that the people who investigated this
have a vested interest in developing a conclusion favorable to the officers
and this indicates a need for some reform in how these internal affairs are
handled and managed.

Look at the case of Donnell Clemons and the police officers who were shot
during a confrontation with him. Had Clemons died from his injuries I doubt
any investigation would have questioned how he was approached that evening.
What both the Clemons and the Kaiweyu cases bring up is the need for
independent and objective evaluations to be made when injuries or death
results from these situations. As it is, we get spoon fed information that
essentially states that suspects who suffer from impaired judgment are
dangerous people and therefore subject to elimination without question. It
gets even more contentious when racial profiling and sundown communities are
involved.

Ultimately if we are able to find some way in which an independent
evaluation can be conducted this would actually serve both the interests of
the public and the public servants who have an oath to serve and protect.
This is simply because in a situation like this it's way to easy to convict
all parties involved in the court of public opinion and everyone loses as a
result. Even now we are dealing with law enforcement that is on the defense
and a family of a young man who have to live with the pain of his death and
much of this is due to a broken system that is sorely in need of reform.
Until these changes happen we will continue to see cases like Donnell
Clemons and "Toto" Kaiweyu and that is truly a travesty of justice.

On Wed, Jun 3, 2009 at 10:54 PM, Jenifer Cartwright <jencart13 at yahoo.com>wrote:

> (This story further adds insult to injury -- the highlighting is mine)
> Sooo... how was it that police were able to WOUND a pittbull that was
> actually in the process of attacking, but claim they had no choice but to
> KILL a human being who was brandishing a sharp object??
> Lots more work to be done before this one is put to rest...
>  --Jenifer
>    Victim or Aggressor
> Reported by: *Jenny Gastwirth/ WCIA 3 News*
>
> *Wednesday, Jun 3, 2009 @10:08pm CST*
>
>
> Please Select a Bandwidth *High* | *Med* | *Low*
> CHAMPAIGN--We first reported Tuesday night that a man fought a pit bull and
> mixed breed off a child. It happened outside the Tuscany Ridge Apartments in
> Champaign. Now some witnesses are calling the victim the aggressor. They say
> the dogs were never violent. They believe they were provoked and went into
> defense mode. But the man others call a hero says thank goodness he was
> there.
>
> Randy Grafton's body is covered with what he calls "battle wounds." He got
> seven stitches after getting between a little boy and two big dogs. "I tell
> ya I feel like I was up against one of those professional boxers after going
> through it," he said. But he adds his pain is worth it. It's a small price
> to pay for keeping children safe. "When a dog is off a leash and it's
> chasing a kid, somebody's got to do something to protect that kid." Others
> say this is a case of over-reacting. "The kids they run up and down every
> day past that dog," said Jayme Melchi. "They're out there, they pet it [and]
> the dogs lick them." Melchi says it's a shame police were called in for
> help. They ended up shooting the pit bull without killing him. Animal
> control had to later put him down. The other dog is being quarantined. "I've
> been around pit bulls all my life and I've yet to see one just turn back and
> go crazy for no reason," said Melchi. "I mean honestly it's got to be a
> protect issue or they're feeling threatened."
>
> Grafton says there's a reason states have leash laws and the community is
> lucky he's the only one who got hurt. "If they had gotten a hold of him,
> they would have ripped him apart," he said about the little boy.
>
> Police haven't released the dog owner's name. No word on if any charges
> will be filed. Again the little boy is okay. << Back
>
>
> --- On *Wed, 6/3/09, Brian Dolinar <briandolinar at gmail.com>* wrote:
>
>
> From: Brian Dolinar <briandolinar at gmail.com>
> Subject: [Peace] Adding Insult to Injury: State's Attorney Releases Medical
> Records of "Toto" Kaiyewu
> To: "Court Watch" <announce at communitycourtwatch.org>, stop at iresist.org,
> coalition at iresist.org, "AWARE peace" <peace at lists.chambana.net>
> Date: Wednesday, June 3, 2009, 8:47 PM
>
>
>  On Monday, June 1, 2009, local press received a 320-page report on the
> police killing of "Toto" Kaiyewu which included medical and mental health
> records normally to be kept sealed from the public. Beyond objectively
> analyzing the facts of the case, this was an attempt of Vermilion County
> State's Attorney Randy Brinegar to further discredit Kaiyewu and justify his
> killing by police on April 6.
>
>
>
> At a press conference held last week, Brinegar said he would not release
> the medical records. An audio recording of his comments can be heard here:
>
>
>
>
> http://ucimc.org/content/states-attorney-brinegar-and-vermilion-county-press-conference-05-27-09-regarding-death-tot-0
>
>
>
> I spoke on the phone with Brinegar and questioned him about his change of
> decision. He admitted to earlier promising to not release medical records.
> He said he changed his mind after comments made to the media by Abbey
> Kaiyewu, Toto's mother. Yet he admitted he had not spoken with the Kaiyewu
> family to gain their permission before releasing the medical reports.
>
>
>
> Despite claims by local authorities that this case should not be tried in
> the media, this is precisely what Brinegar has done. These
> documents--released two months after the incident--were given to the media
> before anyone else. The Kaiyewu family or their attorney Jan Susler *still
> have not received the documents*. That Brinegar did not have the courtesy
> to provide this information to the family before the media reveals his
> intentions to sway public opinion in favor of the police account of what
> happened that tragic night.
>
>
>
> Of course, there is a conflict of interest in the Vermilion County State's
> Attorney investigating this case in which the Vermilion County Sheriff's
> Department was involved. Brinegar has a working relationship with the local
> Sheriff's Department, relies on Deputies to testify in cases he is
> prosecuting, and requires their cooperation. Charges against police could
> potentially threaten this otherwise harmonious relationship.
>
>
>
> The narrative constructed by the local authorities about Toto Kaiyewu is of
> a crazed lunatic wielding a machete who the police had no other option but
> to gun down. The release of his medical records is an attempt to further
> cement this account. It has been reiterated by the local media, eager to get
> the scoop in this story, without a critical murmur.
>
>
>
> When I spoke to Brinegar, he promised to also provide the *Public i*,
> newspaper of the Urbana-Champaign Independent Media Center, with the full
> 320-page report.
>
>
>
> The message this sends to the community is clear. This could happen to
> anybody--a friend or a family member--and the police are more quick to protect
> themselves than to provide a clear and forthright explanation.
>
>
>
> Local community groups led by Champaign-Urbana Citizens for Peace and
> Justice are calling for police to release their written policies regarding
> the use of force in this and related incidents.
> BD
> --
> Brian Dolinar, Ph.D.
> 303 W. Locust St.
> Urbana, IL 61801
> briandolinar at gmail.com<http://us.mc449.mail.yahoo.com/mc/compose?to=briandolinar@gmail.com>
>
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>
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