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

[Brian Dolinar]

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
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