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KarmaKola

(78 posts)
8. Raw Extracts from Legal Transcripts
Fri Feb 8, 2013, 09:44 PM
Feb 2013

I may provide my comments on these extracts later....see what you can make of them. There is no doubt in my mind that the investigation did not PROVE that Dornan lied, and a very credible conclusion that he told the truth and there was a cover up. Agree 1,000,000 times this does NOT justify murder.

/Testimony of Sergeant Evans/
Sergeant Evans went behind the bushes and
crouched down to help appellant control Gettler's right arm. After about
30 seconds of struggling, Gettler let the officers handcuff him and
said, "Is that what you wanted? Here you go." Sergeant Evans denied
kicking Gettler in the face or the shoulder area.

Sergeant Evans noticed that Gettler had a laceration on his cheek, but
no other injuries. There were no boot marks on Gettler's face or shirt
and no bruising on his face.

/Testimony of Christopher Adrid/
Adrid was working as a bellman at the DoubleTree Hotel on the date of
the incident…
Adrid saw the cut on Gettler's nose but did not see any other injuries.

/Testimony of Ashlye Perez/
Ashlye Perez was working at the DoubleTree as a bellhop on July 28,
2007…
She noticed that Gettler
had a cut on his face, which she thought was from hitting his face on
the bushes.

/Testimony of Sergeant Jackson/
When Sergeant Jackson arrived, he saw appellant, Sergeant Evans,
Sergeant Hernandez, a few other officers, and Gettler in custody inside
the police car….
When he inspected Gettler's injury, he saw blood on
Gettler's face that he thought was from the bushes, but he did not see
any bruising or other indication that Gettler had been kicked.

/Testimony of Richard Gettler/
Richard Gettler testified that his son was schizophrenic with severe
dementia. He explained that his son sometimes was verbal and able to
respond, but other days he was not responsive. Gettler sometimes
wandered from home, but his father usually did not report him as missing
because he knew the police always brought him home.
Gettler's father stated that when the officers brought his son home on
July 28, 2007, he asked Gettler if he had been in a fight because his
face was puffy. Gettler told him that he was kicked at the hotel, so
they drove around until Gettler directed his father to the DoubleTree,
where Gettler pointed to the wall and indicated the incident happened
near there. Gettler told his father he was kicked in the chest twice by
a police officer, but his father decided not to report it because he
assumed it was an accident and Gettler was not hurt.

/Testimony of Christopher Gettler/
The Board brought Gettler in to question him during the administrative
hearing, but his responses generally were incoherent and nonresponsive.
A videotaped interview of Gettler, taken on December 8, 2008, was shown
at the administrative hearing.

/Decision of the Board/
The Board stated that the primary issue in the case was whether Sergeant
Evans actually kicked Gettler or not. After reviewing all the evidence,
the Board stated that it could not find that the kicks occurred.

Although Richard Gettler's testimony supported
appellant's assertion that Sergeant Evans kicked Gettler, the Board
found his testimony not credible because it was inconsistent with his
son's testimony. The Board also noted that Gettler's mental illness
affected his ability to give an accurate account of the incident and
found that Gettler's videotaped statement, alleging one kick, was not
credible.

The Board found there was evidence that appellant had a motive to make a
false complaint, citing Sergeant Evans's testimony that appellant was
going to receive an unsatisfactory probationary rating if he did not
improve his performance and that the kicks were reported the day after
appellant received an evaluation.

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