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Article was taken from American Police Beat

This is a battle we all need to fight

We are writing to you at this time to inform you of a situation that will affect all of us when we are trying to subdue a suspect who is fighting back and resisting arrest. In Cuyahoga County Common Pleas Court, in Cleveland, Ohio, Patrolman Jameel Talley was charged with murder. The officer was tried and convicted of involuntary manslaughter of a shoplifter who resisted arrest and fought with Officer Talley. Jameel is now in jail awaiting sentencing.

The incident took place as follows:

Officer Talley, who works for the Maple Heights Police Department, was working his first day of an off-duty job as a security officer for Dillard's Department Store. Jameel was scheduled to meet and work with another off-duty officer also working for the store. This officer was supposed to supply Jameel with a generic uniform. Our department does not allow officers to work in the Maple Heights Police uniform when working off-duty jobs. Jameel had been granted permission to work this off-duty job from our chief. He was going through a divorce at the time and finances were tight. When the officer scheduled to work with Jameel called in sick, he made the decision to work his scheduled shift even though he was alone, unarmed and without his uniform. He didn't want to leave the store without security. Officer Talley began his shift in the camera room with a civilian female employee watching the CCTV system when he observed a male shoplifting a leather jacket. He asked the employee to identify the man's location in the store. He went to that location and apprehended the suspect. The situation remained under control until Jameel got the suspect back near the interview room.

The man, who was high on crack and heroin, began to resist arrest. He also had an active warrant for his arrest out of another agency. A struggle ensued. During the struggle, the suspect hit his head against a locker and then on the cement floor. There were three people who witnessed the incident and said the struggle lasted approximately five to ten minutes. All three of the witnesses stated the suspect was resisting arrest.

The incriminating part of their statements for the officer came when they stated Jameel picked the suspect up, lifted the suspect over his head and threw him head first to the floor but the testimony of the witnesses were inconsistent as to the manner in which Jameel picked the suspect up and threw him down. The only consistency between the three statements was that actions they attributed to Officer Talley were virtually impossible to do, virtually impossible to do, especially after a lengthy struggle. This incident also occurred in a narrow hallway only five feet wide, again making it virtually impossible for the suspect to be picked up and thrown to the floor. There was also testimony that Jameel was sweating profusely after the incident, adding credence to testimony that there had been a lengthy struggle. In addition, the suspect admitted to officers who responded to the scene that he was resisting arrest. Jameel testified that he never lifted the suspect off the floor. During the struggle the suspect was pushing off of lockers in the hallway, at which time Jameel used that force and spun both of them around and to the floor.

Jameel landed on top of the suspect, when he finally gained control of the situation. The suspect was conscious and coherent during the incident. The only visible injuries to the suspect were a bruise on his forehead and shoulder. The suspect was turned over to the local police department, which ended Officer Talley's contact with the suspect. The officers who responded to the scene requested an ambulance for the suspect.

As part of the evaluation process, the EMS worker asked the suspect how he received his injuries. The suspect said he was fighting with the officer when he fell into some lockers and then to the floor. He made no mention of being thrown to the floor by Jameel.

The suspect was transported to a medical facility, via ambulance. While at the hospital, the suspect refused medical treatment and repeatedly asked if he would be able to post bond. The suspect also asked to be taken back to jail so that he could bond out. The suspect signed himself out of the hospital against medical advice. He then walked, under his own power, from the emergency room. The suspect was then transported, via police cruiser, to the arresting agency's police station. After his return to the jail, the suspect's condition worsened. He was offered medical treatment for a second time, which he again refused. The local police department contacted family members of the suspect to provide them with bond information. The family refused to post his bond and to pick him up. The suspect was later released on a personal bond. Only then did a family member come get him. The suspect died two days later, in the hospital where his in the hospital where his family had taken him for drug rehabilitation.

One of the prosecutors indicated that the lead detective assigned to investigate the case has a connection with the suspect's family. This detective pushed for the murder charges against Officer Talley - a fellow officer working to protect a business in his city.

Jameel is now facing three to ten years in prison for something he never should have been charged with. The unfortunate part of the situation is that because of the divorce, Ja-meel's finances were low and he fell behind in his union dues. When this incident occurred, Jameel was eight months in arrears so he was not in good standing with his FOP Lodge. The bylaws state that he was not eligible to take advantage of the FOP's legal defense fund. The lodge did sponsor a fund-raiser to help defray some of the cost.

As everyone is well aware, a murder trial is very expensive. We are now trying to help Officer Talley's family pay off some of the original trial fees as well as raise money for an appeal. Patrick DeAngelo is the lawyer representing Jameel. Mr. DeAngelo is known for his representation of police officers in our area and fights hard for our rights. This is a battle that we all have to fight. If this conviction stands, it will empower the criminals even more. It will send them the message that it is acceptable for them to fight with the police and blame us for the injuries they receive due to their own actions. Jameel Talley serves the citizens of Cuyahoga County every day. Yet Cuyahoga County Prosecutor William D. Mason's Office is choosing to make an example of Officer Talley.

The tragedy of this ill-conceived decision is that Jameel Talley did nothing wrong, given the circumstances that were initiated and defined by the suspect. And now the suspect's family is suing Jameel, the department store (where the suspect stole from) and the hospital (where the suspect refused treatment) for $100 million. The family has retained an attorney who is nationally known for his previous representation of Dr. Kavorkian in his assisted-suicide cases. Empowered by the conviction, the suspect's family is bringing out the big guns to win this case.

Please help us fight this battle for Jameel and officers everywhere who place their lives and careers in jeopardy every day. We have to stand up for each other, because no one else will. We are asking for all willing officers to donate at least $5 to aid in raising enough money for the legal fees and appeal to get this verdict overturned. Any assistance will be greatly appreciated. Feel free to contact us via email or voice mail with any questions you may have.

Ptl. J. Mocsiran can be reached at [email protected] or 216-587-9650 x7181.
Ptl. S. Ferris can be reached at [email protected] or 216-587-9650 x7179.
Sgt. J. Ehrbar can be reached at [email protected] or 216-587-9650 x7141.

Please send your donation to Ptl. Joseph Mocsiran, 5373 Lee Road, Maple Heights, OH 44137.
Checks should be made payable to: George Murray F.O.P. Lodge Legal Fund.

Thank you in advance for your support.

- Officers Joseph Mocsiran #181 and Susan Ferris #179;
and Sgt. Joseph Ehrbar #141 Maple Heights P.D.

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We don't have to look too far and see we had and still have the same fight going on here in Massachusetts with Kenny Conley. While there are differences in the situations, there are too many similarities to be ignored.

Overzealous prosecutors, lying investigators and spineless brass seem to be commonplace, not only here but across the US.

Always the good guy getting the s#itty end of the stick, not the drugged-out freak trying to steal.
 

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Accidents happen specially when your high on drugs and resisting arrest. The officer could of hit his head and died too during the struggle. :BM: Its not like the officer took out a baton or some other object and hit him over the head :spank:
 

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History repeating itself! A Detroit police detective same scenario happen to him with a drugged out piece of shit last year. The Detective is a waiting sentencing too but it out on appeal. :evil: :evil: :evil:
 
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