Police officer found guilty of assault
This is a solid example of the use of photographic or video evidence.
It is something that has interested me a long time now.
It is frequently the case that when complaining about the actions of a public official, policeman etc. that it is difficult to proceed against them as their always seems to be `insufficient evidence’ to justify proceedings or to back up your claims. It is one of the priciple reasons that I began to photograph actions myself.
I have noticed that when a case comes to court, and photography evidence is important, much effort is applied by the opposition to discredit its value. Frequently attempting to demonstrate that a still photograph of an event is not a true representation of the event. It is sometimes suspected that events shortly before and after the photograph was taken may change the way it is viewed.
This is, of course, not so much the case with video photography.
Some tips for video filming actions
Here is the BBC story about the officer caught ‘at it’, on video tape.
http://news.bbc.co.uk/1/hi/england/2268959.stm
A police constable has been found guilty of common assault.
Keith Empsall, who was filmed kicking and punching a man in a street in Wakefield, was convicted at Leeds magistrates’ court.
The 42-year-old officer, who serves with West Yorkshire police, denied using excessive force when arresting Christopher Wilson outside his home in Wakefield in June 2001.
The incident was captured on video by an amateur film maker Mark Goodwin.
The officer – who is in his 24th year of service with West Yorkshire police – assaulted Mr Wilson after he and another officer were called to a disturbance in Clarendon Street.
Leeds magistrates’ court heard how Empsall became annoyed with Mr Wilson, after he prevented him from entering his bedsit, and lashed out in frustration.
District Judge Christopher Darnton found him guilty after a three-day trial and warned he could face a custodial sentence.
He said: “I have concluded that I do not believe the force used was reasonable.”
Mr Goodwin, who is a video enthusiast, told the court he had been recording life in the street.
He said he picked up the camera to film the incident after his girlfriend told him there was a disturbance outside.
The court heard how Empsall and a colleague were called to reports that a car had been smashed up by a man with a baseball bat.
As other officers went inside to search the house, Empsall told the court he was confronted by an “angry, young drunk”.
He said in court that he was afraid of Mr Wilson because of his stance and the way he looked at him.
He said his main concern for the night was to end the shift uninjured and he said he had to “go in there and take control of the arrest”.
He said: “I didn’t know him (Mr Wilson) from Adam.
“I wanted to effect the arrest as best I could, I wanted to go home at the end of the shift to my wife and children without being injured.”
However, in deciding that the force used was unreasonable, the judge said: “There was definitely a kick-out, followed by three distinct blows to the face of a man moving backwards, clearly not demonstrating any signs of fighting back, being handled in an unnecessarily robust way, first by being pushed on to the bonnet of the first vehicle, handcuffed and put into a second vehicle.”
Empsall was granted bail and the case was adjourned for pre-sentence reports until 17 October.
Norman Cooper, from the Police Federation of West Yorkshire, said Empsall was taking legal advice and may consider an appeal.
Video reports from the BBC [Ral Player .RAM]
BBC’s Kim Barnes
BBC’s John Thorne reports
The Guardian covered the story from last July: [25july 2001]
“Student’s video ‘catches police attack'”
http://www.guardian.co.uk/uk_news/story/0,3604,526978,00.html
Just to remind, some of my own links, of interest on the the subject of surveillance.
My Surveillance Pages
Legal assortment Demonstrating some of my uses of a camera for surveillance purposes.
Big Brother Awards
Bearing all this in mind, it is quite amazing how many activist argue and take action again photographers, them not having had sufficient experience to know that we can be useful, in providing evidence in court AGAINST the police. http://tash.gn.apc.org/photo_difficult.htm On several occasion now, I’ve assaulted by so called activists at an action, for taking photo. Later, to be telephoned by other activists, asking for photos and for me to give evidence in court for them. I ask you, what attitude should I have. I get hurt from both sides. Yet it is cases like this one, where this policeman is going to jail, I hope, because of having a descent standard of photo-video evidence, that should bring these difficulties home to people.
We’ll see.
Check out my blog, earlier at:
http://tash_lodge.blogspot.com/2002_08_04_tash_lodge_archive.html#79802563
This is not the first time this has gone off, of course, only a few days latter, after this Wakefield incident, another policeman was cause beating up the citizen, this tim by CCTV cameras in Hasting, Sussex. Then, on the 9th July 2002, a spectacular beating in LA. Of course, a couple of years ealier, the beating of a black motorist, Rodney King, was the trigger for major riots in Los Angeles.
Video shows LA police beating boy
http://news.bbc.co.uk/1/hi/world/americas/2117161.stm
A white Los Angeles police officer has been suspended after being caught on video beating a black teenager during an arrest. The 16-year-old boy, Donovan Jackson, became involved in a scuffle with officers after his father was stopped over a minor motoring offence.
The videotape, which was shot by a tourist at a nearby hotel, shows the handcuffed boy being punched by one of the officers, Jeremy Morse.
It has also been revealed that Officer Morse was named last month in a complaint by Neilson Williams, a 32-year old African-American man, who claims he too was beaten by the officer.
