White Meriden Police Officer Accused of Cracking Skull of Handcuffed, Compliant Latino Man Wants Video Excluded in Trial
/Police Officer Evan Cossette is presently charged with police brutality and obstruction of justice charges following an investigation into a 2010 incident in which he shoved a handcuffed Latino prisoner, Pedro Temich into a jail cell, cracking the his skull on concrete. He then attempted to cover it up. Unbeknoest to Cossette a video tape shows Cossette entering the cell at least six times and moving the unconscious Temich around, twice propping him up against the bench and another time putting him back on the floor so that the man's handcuffs could be removed. [MORE]. The incident wasn't reported to police administrators until six weeks later. [MORE]
Now with the support of his fellow white officers & the police union he is trying to convince a white judge to exclude the video of his crime. He is the son of Police Chief Jeffry Cossette. More on white collective power [HERE]
From [HERE] Police Officer Evan Cossette, accused of excessive force for his treatment of a Latino prisoner in lockup, is trying to prevent prosecutors from using a video of the incident as evidence during his trial, saying the recording was altered to leave out key moments of the confrontation.
A lawyer for Cossette asked a federal judge in New Haven last week to bar the video from evidence. Cossette has pleaded not guilty to charges of brutality and obstruction of justice. Jury selection is set to begin May 7. The trial starts May 28.
The videotape shows Cossette pushing the handcuffed prisoner, Pedro Temich, backward into the jail cell, causing Temich to cut open his head on a concrete bench. The indictment calls it a "firm shove" of the "compliant and handcuffed" Temich, causing him to fall back. Temich was taken to MidState Medical Center in Meriden and required 12 stitches in the back of his head.
Temich, who had been arrested on charges that he fled the scene of an accident, fell onto a concrete bench and lost consciousness. In the video, Cossette is seen repositioning the unconscious prisoner before medics arrive (6 times).
Cossette’s request to exclude the video includes testimony by former Officer Leighton “Buddy” Gibbs, who said in a deposition in Temich’s lawsuit against the city last September that he believed police internal affairs investigators altered the video. Gibbs said Cossette yelled to Temich to sit down several times, and about four to six seconds of the tape are missing.
“Officer Gibbs’ claims are based upon his personal observations that evening as compared to those frames contained with the video,” Cossette’s attorney wrote in pretrial motions. “Officer Cossette would be substantially prejudiced if this jury were allowed to view this videotape that may contain missing frames which bear directly on the amount of force utilized by Officer Cossette that evening.”
Federal prosecutors countered that Gibbs’ testimony is “baseless speculation.” They said they have other evidence proving the veracity of the video and backing up the charges against Cossette. The government plans to call the Police Department’s contracted video technician and dispatchers who viewed the surveillance video as the incident occurred. They are also calling a technician from Mule Security to testify about system maintenance and how videotapes are time-stamped, downloaded and preserved.
The defense is asking that these supporting witnesses not be allowed. It also requests that any other allegations of excessive force against Cossette not be permitted. Cossette is named in at least two other civil cases claiming excessive force.
A government motion filed recently asks that an investigation commissioned by the city not be allowed in evidence. The report on the investigation, written by former prosecutor Thomas Daily, concluded there was no pattern of brutality by Cossette and that the reprimand and four hours of training he received for the Temich incident were sufficient. U.S. attorneys don’t want Daily allowed to testify.
“First the report itself, which includes both Daily’s opinions and summaries of witness statements, is hearsay, and therefore inadmissible,” the motion by the prosecution states. “Notwithstanding the illogical and conflicting nature of the conclusions offered by the Daily Report, they are nevertheless objectionable as determinative of the ultimate questions that the jury must answer.”
The government is also asking that Cossette’s defense avoid referencing the administrative discipline he received in the Temich incident, or arguing that administrative sanction is a sufficient replacement for criminal penalty.
A U.S. District Court judge will hear arguments on the motions Monday. Cossette is on paid administrative leave.
Meanwhile, a union lawyer representing police officers Brian Sullivan and Donald Huston has asked the city to postpone scheduled disciplinary hearings against the two officers until after Cossette’s trial.
Huston and Sullivan sent a 22-page complaint to the city manager alleging widespread misconduct within the department and leniency toward Cossette, whose father is Police Chief Jeffry Cossette. An internal affairs investigation, however, found many of their allegations without merit, leading to possible disciplinary charges against the officers.
The city has hired outside consultant Charles Reynolds, a former police chief, to conduct the hearings scheduled for May 15 for Sullivan and May 17 for Huston.
Kelly Rommel, a staff attorney for AFSCME Council 15, wants the hearings delayed, in part because Sullivan is scheduled to testify in Cossette’s trial.
In an April 22 letter to Detective Lt. Mark Walerysiak, copied to city Personnel Director Caroline Beitman, Rommel also says the city’s hiring of Reynolds represents a conflict of interest. One of Reynolds’ associates, Eric Daigle, represents Evan Cossette in a defamation suit against Sullivan and Huston.
Rommel could not be reached for comment Thursday.
Kendzior said Thursday that he had not seen the letter. Beitman did not return an email seeking comment, and was unavailable by phone.
A, attorney for Huston and Sullivan, Frank Cannatelli, said Wednesday that he is prepared to file an injunction preventing the city from disciplining the officers until after the federal trial and investigation are completed.