The heads of Denver's Police Department have delayed a discipline
decision in the alleged police brutality case of Alexander Landau, so the FBI
can complete its investigation into the 2009 incident.
"We
have been informed by the FBI of an investigation to determine if any civil
rights violations occurred," Chief Robert White and Manager Alex Martinez
said in a joint statement this morning. "It is our understanding this
Department of Justice investigation is not a pattern-and-practices civil
investigation into the Denver Police Department; rather it is a criminal investigation
into the actions of the individual officers involved in the Landau case."
The
police department's internal affairs bureau has completed its investigation into
Landau's allegations, but White will not make a recommendation on discipline to
Martinez until the federal investigation is complete.
Under
normal circumstance, White would make his recommendation and Martinez, who
heads the police, sheriff's and fire departments, would consider whether to
sustain the complaint, which could lead to termination or other punishment, or
find that the officers did nothing wrong.
"Because
we will continue to be careful to reach the right resolution we will not
proceed without the opportunity to consider any additional information resulting
from the DOJ investigation," White and Martinez said in their statement.
Landau's
lawyer, John Holland, said the further delay of a case that has gone unresolved
for more than three years is unwarranted and unnecessary.
"What
Denver does to discipline its officers administratively should not depend upon
what the federal government decides about bringing a civil rights charge,"
Holland said in an email.
In
a telephone interview, Martinez said it is "prudent" to wait until
the FBI completes its review. "I think it would be imprudent of us to make
the decision at this time without the benefit of any information the feds may
bring or uncover. Chief and I want to get this right. Delay vs. accuracy? I'm
going for accuracy."
Martinez
said he found out about the federal criminal investigation a few weeks ago.
Landau
sued the city in federal court, saying three police officers tried to cover up
a beating in January, 2009 that left him scarred and suffering persistent
neurological damage. The officers hit Landau with their fists, flashlights and
a radio, according to the suit. The city settled that suit for $795,000.
Police
Internal Affairs finished an investigation of the case in February of 2009,
Martinez said. The case was closed and Independent Monitor Richard Rosenthal
signed off on it, a signal it was thorough and complete. After Landau's civil
suit was settled, the IA investigation was reopened.
Police
say Landau reached for one of their guns during a stop for allegedly making an
illegal left turn. Officer Ricky Nixon told an investigating detective that he
saw the bloody imprint of a hand on Officer Tiffany Middleton's gun after the
arrest, according to Landau's suit.
Middleton
cleaned the blood off her weapon, Nixon told the detective, according to
Landau's suit. The suit goes on to say that Middleton never claimed that Landau
touched her gun and never reported wiping the blood evidence off.
Two
officers at the center of the dispute, Nixon and Randy Murr, have
been fired for other incidents. Legal wrangling over those cases continues.