A civil-rights lawyer who has requested a federal investigation into the death of a Denver jail inmate said an FBI probe into another case, the alleged police beating of Alexander Landau, should be one step in an expanding review of the Police Department.
Denver Manager of Safety Alex Martinez and Police Chief Robert White have delayed a decision on whether to discipline officers whom Landau accused of beating him until the FBI has completed its criminal investigation into the 2009 incident.
“The fact that they are investigating is evidence that something is very wrong at the Denver Police Department,” said David Lane, whose law firm represents the family of street preacher Marvin Booker. Booker died at the Denver jail after deputies used force to restrain him.
After a formal review of the incident, the city and county of Denver cleared five deputies of wrongdoing and concluded no use-of-force policies were violated.
The whether there is a pattern and practice of police misconduct and civil-rights violations by Denver law enforcement. The criminal investigation into Landau’s case could be the first step toward a larger investigation, Lane said.
“Investigations go places,” he said. “If they identify a pattern of abuse, then they expand their investigation.”
The Police Department’s internal-affairs bureau has completed its investigation into Landau’s allegations. Under normal circumstances, White would make his recommendation and Martinez, who oversees the police, sheriff’s and fire departments, would decide whether to sustain the complaint, which could lead to termination or other punishment, or find that the officers did nothing wrong.
In a joint statement issued Monday, White and Martinez said it is their understanding that the DOJ probe is not a pattern-and-practices investigation:
“Rather it is a criminal investigation into the actions of the individual officers involved in the Landau case.”
Delay criticized
Police union president Nick Rogers said he isn’t surprised that the FBI would look at the Landau case, which has been the focus of media attention.
“I don’t care who looks at it,” he said. “Nothing is going to change the fact that the officers didn’t do anything wrong.”
Landau’s attorney, John Holland, said the further delay of a case that has gone unresolved for more than three years is unwarranted and unnecessary.
“What Denver does to discipline its officers administratively should not depend upon what the federal government decides about bringing a civil rights charge,” Holland said in an e-mail.
Martinez said it is prudent to wait until the FBI completes its review. “I think it would be imprudent of us to make the decision at this time without the benefit of any information the feds may bring or uncover,” he said. “Chief and I want to get this right. Delay vs. accuracy? I’m going for accuracy.”
Martinez said he found out about the federal criminal investigation a few weeks ago.
Landau sued the city in federal court, saying three police officers tried to cover up a January 2009 beating. The city settled that lawsuit for $795,000.
Case was closed
Police Internal Affairs finished an investigation of the case in February 2009, Martinez said. The case was closed, and Independent Monitor Richard Rosenthal signed off on it, a signal that it was thorough and complete. The investigation was reopened after Landau’s civil suit was settled.
Police say Landau reached for one of their guns during a stop for allegedly making an illegal left turn. Officer Ricky Nixon, who was involved in the arrest, told an investigating detective that he saw the bloody imprint of a hand on Officer Tiffany Middleton’s gun after the arrest, according to Landau’s suit.
Middleton cleaned the blood off her weapon, Nixon told the detective, according to Landau’s suit. The suit goes on to say that Middleton never claimed that Landau touched her gun and never reported wiping off the blood evidence.
Two officers at the center of the dispute, Nixon and Randy Murr, have been fired for other incidents. Legal wrangling over those cases continues.
Tom McGhee: 303-954-1671 or tmcghee@denverpost.com
