John Duval challenges City in Court

Transfered from old site <!--break--> &nbsp;<BR> &nbsp;<BR>(October 31, 2002)The trial begins today for John Duval, who is suing the City of Rochester, NY, for $100 million for false arrest and false imprisonment. Duval was convicted of a murder in 1973. That conviction was overturned in 1999 when it was revealed that the prosecution had withheld evidence. John Duval was then acquitted by a jury trial in 2000. He had &nbsp;<BR>been incarcerated at Attica for 26 years where he performed prison labor for nine cents an hour. &nbsp;<BR> Evidence that had originally convicted him included a confession obtained after 16 hours of brutal beating and threats by four officers as well as coerced testimony from two persons claiming to have witnessed the murder. &nbsp;<BR> Duval was one of the Mahoney Four, who had been brutalized and falsely convicted under the tyranny of Detective Mahoney. Two of the others have been released and the fourth is still incarcerated.The problem of police brutality in the United States has been documented by various international human rights organizations. Human Rights Watch studied police abuse in several U.S. cities and published its findings in &nbsp;<BR>1998 in a report entitled Shielded from Justice: Police Brutality and Accountability in the United States.It concluded: &nbsp;<BR> &nbsp;<BR> Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, severe beatings, fatal chokings, &nbsp;<BR>and rough treatment, persists because overwhelming barriers to &nbsp;<BR>accountability make it possible for officers who commit human rights violations to escape due punishment and often to repeat their offenses. Police or public officials greet each new report of brutality with denials or explain that the act was an aberration, while the administrative and criminal systems that should deter these abuses by holding officers accountable instead virtually guarantee them impunity. &nbsp;<BR> &nbsp;<BR> Police misconduct continues to be a problem in Rochester, although the police have successfully evaded consequences. The Highway Interdiction Team, with credible evidence that it had abused suspects by shoving their heads into toilets and applying vice grips to their testicles, was acquitted &nbsp;<BR>by an all-white suburban jury and the taxpayers paid their legal expenses. The Civilian Review Board found that the 9mm shotgun that killed a suspect during booking had been hidden in the suspects groin and the suspect had somehow committed suicide with that gun. This past summer the community &nbsp;<BR>again coddled the police who fatally shot an unarmed 14-year-old child. As this article is being posted, Police Chief Duffy is scheduled to appear on WXXI's 1370 Connection to advance his public relations mission. &nbsp;<BR> &nbsp;<BR>Written by: Elaine Russell &nbsp;<BR>

<p>Transfered from old site</p> <!--break--><p>  <br /><br />  <br />(October 31, 2002)The trial begins today for John Duval, who is suing the City of Rochester, NY, for $100 million for false arrest and false imprisonment. Duval was convicted of a murder in 1973. That conviction was overturned in 1999 when it was revealed that the prosecution had withheld evidence. John Duval was then acquitted by a jury trial in 2000. He had<br />  <br />been incarcerated at Attica for 26 years where he performed prison labor for nine cents an hour.<br />  <br /> Evidence that had originally convicted him included a confession obtained after 16 hours of brutal beating and threats by four officers as well as coerced testimony from two persons claiming to have witnessed the murder.<br />  <br /> Duval was one of the Mahoney Four, who had been brutalized and falsely convicted under the tyranny of Detective Mahoney. Two of the others have been released and the fourth is still incarcerated.The problem of police brutality in the United States has been documented by various international human rights organizations. Human Rights Watch studied police abuse in several U.S. cities and published its findings in<br />  <br />1998 in a report entitled Shielded from Justice: Police Brutality and Accountability in the United States.It concluded:<br />  <br /><br />  <br /> Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, severe beatings, fatal chokings,<br />  <br />and rough treatment, persists because overwhelming barriers to<br />  <br />accountability make it possible for officers who commit human rights violations to escape due punishment and often to repeat their offenses. Police or public officials greet each new report of brutality with denials or explain that the act was an aberration, while the administrative and criminal systems that should deter these abuses by holding officers accountable instead virtually guarantee them impunity.<br />  <br /><br />  <br /> Police misconduct continues to be a problem in Rochester, although the police have successfully evaded consequences. The Highway Interdiction Team, with credible evidence that it had abused suspects by shoving their heads into toilets and applying vice grips to their testicles, was acquitted<br />  <br />by an all-white suburban jury and the taxpayers paid their legal expenses. The Civilian Review Board found that the 9mm shotgun that killed a suspect during booking had been hidden in the suspects groin and the suspect had somehow committed suicide with that gun. This past summer the community<br />  <br />again coddled the police who fatally shot an unarmed 14-year-old child. As this article is being posted, Police Chief Duffy is scheduled to appear on WXXI's 1370 Connection to advance his public relations mission.<br />  <br /><br />  <br />Written by: Elaine Russell<br />  <br /></p>

John Duval challenges City in Court http://rochester.indymedia.org/node/191

John Duval challenges City in Court http://rochester.indymedia.org/node/191