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The Empire Strikes Back:
The Case of James Anderson

As one Seattle attorney so aptly noted, a lot of "police contacts are ones that citizens did not seek out." This was the case for James Anderson. He was outside a West Seattle restaurant in 1988 with friends who had been involved in a fight, when he was struck in the face by Officer Rusty Leslie.

The blow broke his jaw. His mouth had to be wired shut, and he was out of work for a month. He had been charged with no crime.
When James Anderson subsequently filed a complaint with Seattle Police, he hoped his case would elicit some concern from the city. In fact, it prompted police to charge him with "obstructing a police officer" six months later.
Anderson fought back to clear his name against charges that he felt were filed maliciously. "If I didn't file a complaint, I would never have been charged with a crime," said Anderson. He was tried three times before he was acquitted, and promptly filed a civil suit against the city for malicious prosecution.
However, after two weeks of testimony - including that of Police Chief Fitzsimons, who described a similar incident in which Officer Leslie "happened to hit someone in the face with a gun [because] it was the only thing he had in his hand" - the jury never considered the civil complaints against Officer Leslie. The jury determined that the plaintiff (Anderson) was never assaulted and that his constitutional rights were not violated.
Both the plaintiff and his attorney questioned the jury about the verdict. "They said that there was conflict in the testimony of the men [who were at the restaurant]," said Attorney Lem Howell. The jury also found that the plaintiff was struck with a flashlight, not a revolver, and that Anderson had moved aggressively toward Leslie. "I don't believe that," said Howell.
Another nail in the coffin was the judge's refusal to allow a memorandum stating that "everyone up the police chain of command agreed that... unnecessary force was used," since that finding was later reversed. In addition, the fact that Anderson had been acquitted of obstructing the officer was not permitted to affect the verdict.
According to Anderson, "one juror said that [he] felt that the officer didn't mean to hit me in the head." He believes that the jury "felt that I must have done something to make the cop hit me...That's like saying, 'They shot the guy because maybe he had a gun.' They wanted to justify the police's actions."
The City of Seattle and Officer Leslie were delighted by the verdict. "What an excellent thing!" exclaimed Sean Sheehan of the Seattle Law Department. Officer Leslie said he felt "confident all along" that the jury would deny Anderson's claim.
In addition to his legal battles, Anderson also pursued his complaint of unnecessary force against Officer Leslie through the Seattle Police Department. Initially, Leslie's supervisors and the Chief of Police recommended a sustained finding, but Leslie's appeal led to a hearing with the Complaint Advisory Board. Translated, this meant James Anderson would have to face a room full of police officers to make his case.
Anderson calls the hearing "a total interrogation and intimidation of me." He cites as example an attorney for the police who put his revolver against Anderson's face in order to make a point. "The officers are supposed to be open-minded, [but] it's too easy for them to relate to this guy. They will relate to something they had done one time that was probably justified."
Anderson's comments echo the sentiments of many citizens' groups, who feel that the system is biased against victims. "You're fighting a losing battle. I would tell [others] not to file a complaint because you will be charged with a crime. The review board should be half citizens and half police. Someone needs to be in there with an open mind." [see previous WFP coverage on SPD related issues]

-Rua Kelly



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Contents on this page were published in the February/March, 1994 edition of the Washington Free Press.
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