Originally published Wednesday, August 31, 2011 at 7:10 PM
SPD changes tune on release of misconduct-probe records
In a major reversal, the Seattle Police Department has dropped a court fight to keep a 72-year-old antiques dealer from examining records of an internal investigation that cleared two officers of using excessive force on him during a confrontation at his business.
Seattle Times staff reporter
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In a major reversal, the Seattle Police Department has dropped a court fight to keep a 72-year-old antique dealer from examining records of an internal investigation that cleared two officers of using excessive force on him during a confrontation at his business.
The decision to release the records comes at a time when the department is conducting a broad review of its public-disclosure policies after a landmark Aug. 18 state Supreme Court ruling in a different case that required greater public access to investigative reports involving police officers.
While the department's action relates only to the case of antique dealer Turner Helton, it could affect the department's longstanding policy of withholding internal-investigation records when officers are cleared of misconduct.
Police spokesman Sean Whitcomb said Wednesday that the department, after consulting with the City Attorney's Office, decided that in Helton's case, it was appropriate to release the records based on "totality of the circumstances," including the Supreme Court ruling.
The U.S. Justice Department is currently investigating allegations that Seattle officers have regularly used excessive force.
Helton sought records relating to a Nov. 3, 2009, incident at his business in the Pacific Galleries Antique Mall in the Sodo District.
Seattle police and Helton offer differing versions of what occurred.
According to one of Helton's attorneys, Patrick Preston, Helton had called his health-insurance company that day to complain about its refusal to pay for a prescription.
Helton made some kind of offhand comment that if he wasn't given the prescription to live, he "might as well die now," Preston said.
After asking to talk to a supervisor and being placed on hold for several minutes, Helton hung up, according to court documents filed by Helton's attorneys in a lawsuit to obtain the internal-investigation records.
The insurer called Seattle police and reported that Helton was suicidal, prompting police to respond to his business, Preston said.
Helton, who was working on his hands and knees with a paintbrush when three officers arrived, was accused of "making phone calls," the court documents say. Helton related that he had called his insurer and referred the officers to paperwork on his desk, which they did not examine, according to the documents.
Without further explanation, one officer ordered Helton to put his hands on a table, then kicked his legs apart and frisked him, the documents say.
When Helton yelled for help to anyone within earshot, the officers forced him against a back wall, held his arms behind his back and bent his thumbs until he thought they would break, according to the documents.
One officer knocked Helton's head repeatedly against the wall, causing him to briefly lose consciousness and suffer abrasions before he was handcuffed, the documents say.
Officers summoned medics and a private ambulance, which took Helton to Harborview Medical Center for medical treatment and a psychiatric evaluation.
After a brief consultation, hospital staff found no reason to detain Helton, and he left the hospital, according to the court records.
Seattle police, in an incident report with Helton's name blacked out, said he was "extremely agitated" when officers arrived. He became enraged and demanded the officers leave when they informed him of the concern that he was going to kill himself, the report said.
Helton didn't respond to "multiple demands for him to calm down" and made "repetitive, quick movements" when told to stay still for safety reasons, the report said. Helton was restrained and put in handcuffs when he physically resisted officers, according to the report.
While being handcuffed, Helton screamed "kill me, kill me!" and began slamming his head in to the wall, the report said.
Police later determined that in the dispute over the prescription matter, Helton reportedly said, "What am I supposed to do, kill myself?" according to the report.
Helton was referred for a mental evaluation because his words and actions indicated he posed a danger to himself, the report said.
Helton wasn't charged with a crime, and he filed a complaint about the officers' conduct with the department.
In a June 2010 letter, the department's Office of Professional Accountability (OPA) informed Helton that it had found no misconduct on the part of two officers whose actions were at issue.
Helton filed a public-records request with the Police Department six days later, seeking detailed records relating to the internal probe.
The next month, the department denied release of most of the file, saying disclosure would violate officers' privacy and hinder effective law enforcement.
The hindering argument stems from the department's longstanding contention that witnesses and complainants won't come forward if such records are made public.
Helton sued to get the records in June, alleging violations of the state Public Records Act. The suit also asked for attorney fees and penalties of up to the statutory maximum of $100 per day for withholding the records.
The Police Department fought the request, but in an Aug. 5 court hearing, a Seattle police captain conceded that releasing certain documents would not harm effective law enforcement, said Mike McKay, a Seattle attorney whose firm is representing Helton.
Before the privacy issue could be argued, the state Supreme Court handed down its Aug. 18 decision, ruling that police could not invoke privacy to block the release of investigative records — even when an officer had been cleared of wrongdoing.
The court said the name of the officer could be redacted, but that the public has a "legitimate interest" in knowing how the allegations were investigated.
The Police Department dropped its opposition and on Tuesday, McKay said, the city provided all the records sought by Helton.
"They're simply doing what they should have done in June of last year," McKay said, adding that Helton will now seek financial penalties and attorney fees.
Steve Miletich: 206-464-3302 or smiletich@seattletimes.com




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