{"article":{"id":102084,"heading":"Second Hung Jury on Inglewood Cop Who Beat Donovan Jackson","author":"Anna Gorman","created":"2004-02-02 05:07:33","modified":"2004-02-03 16:46:46","last_modified":"Tue, 03 Feb 2004 23:46:46","article":"\n

For the second time in six months, jurors deadlocked on whether former

Inglewood Police Officer Jeremy Morse used excessive force when he slammed

a teenager onto a police car during an arrest recorded on videotape and

broadcast worldwide.

The jury reported it was hopelessly divided Friday morning, with six votes

for conviction and six for acquittal. When asked by Los Angeles County

Superior Court Judge William Hollingsworth if there were any possibility of

a unanimous verdict, the foreman said, \"No, your honor. I think there is no

chance whatsoever.\"

Morse stared straight ahead as Hollingsworth declared a mistrial. At

Morse's first trial in July, jurors split 7-5 against the former officer. A

unanimous decision is required for conviction or acquittal.

Jeanne Clarke, a juror in the second trial, said the deliberations were

agonizing.

Jurors viewed the tape more than two dozen times, she said, and disagreed

on whether 16-year-old Donovan Jackson was conscious when Morse threw him

on the car. Clarke said she didn't believe that the force was excessive

because Jackson wasn't seriously hurt, but others disagreed.

\"I don't know that you could find 12 people that agree on this,\" Clarke, a

nurse, said Friday evening. \"We all felt for Jeremy. We all felt for

Donovan. The whole thing was a train wreck.

\"We watched the tape backwards and forwards. We watched it frame by frame.

We all saw the tape and we all saw something different,\" Clarke said.

Los Angeles County Dist. Atty. Steve Cooley, who is seeking reelection in

five weeks, must now decide whether to try Morse a third time. His

spokeswoman said a decision is expected before Friday, Morse's next

scheduled court hearing.

\"Criminal cases brought against police officers are challenges for law

enforcement, the criminal justice system and the community,\" Cooley said in

a written statement. \"It is unfortunate that two juries have not been able

to reach a decision on this case.\"

If convicted, Morse, 26, could be sentenced to three years in prison for

assault under color of authority. His attorney, John Barnett, said he

didn't expect prosecutors to go forward with a third trial.

\"I think it's the end of the road,\" Barnett said outside court Friday. \"I

don't think there will ever be a unanimous verdict in this case.\"

Barnett said it was hard for jurors to agree because even experts disagree

about how much force can legally be used to subdue a suspect.

\"If a guilty verdict was reached in this [case], then no police officer

would be able to exercise his duties,\" Barnett said.

Jackson's aunt, Nancy Goins, said she also didn't believe there would be

another trial. Goins said she expected a hung jury. \"I wasn't really

surprised,\" she said in a phone interview. \"There is not a lot of justice

in cases like this.\"

Though prosecutors have sought third and fourth trials against defendants,

experts say the chances of a conviction diminish over time. Judge

Hollingsworth could also dismiss the charge against Morse after considering

several factors, including the seriousness of the crime, whether

prosecutors have additional evidence and the cost of retrial.

That's what happened in the case of Los Angeles Police Department Officer

Douglas J. Iversen, who was charged in the killing of an unarmed tow-truck

driver. After two juries deadlocked, a judge ruled in 1995 that the

district attorney's office could not prosecute him a third time.

The seven women and five men on the Morse jury deliberated for nearly two

days before announcing Thursday afternoon that they could not agree. The

judge ordered them to try again, but they reported the same result Friday.

Though law enforcement officers were put on alert Friday afternoon,

Inglewood was calm. \"There was absolutely nothing,\" Inglewood Police Lt.

Mike McBride said.

Unlike the first trial last year, when spectators overflowed into the

courthouse hallways, there were empty seats Friday in the courtroom. About

20 people gathered at the courthouse near Los Angeles International

Airport, a few carrying signs that said, \"Hands Across Inglewood. Peace

After The Verdict.\"

\"Whether right or wrong, the jury has spoken,\" said Jose Martinez,

associate director of the Stop the Violence, Increase the Peace Foundation.

\"No matter how we feel about the verdict, this community is resolved not to

resort to any type of violence or destructive behavior.\"

Community activists expressed anger at the deadlock. The case had racial

overtones because Morse is white and Jackson is black.

\"I'm shocked, disappointed and outraged,\" said Najee Ali of Project Islamic

HOPE. \"Once again, the black community did not get a just verdict.\"

Clarke said the jurors' decision was not racially motivated. \"It wasn't

divided along racial lines at all,\" she said. \"We want the community to

know that it was never black and white.\"

She said that she and her fellow jurors all held strong convictions. \"As a

group, we really left there feeling that we had really looked at all the

evidence,\" she said.

Morse's mother, Robin Pettit, said her son's life had been turned upside

down. She said he always dreamed of being a police officer and started

working at the department when he was 18. She said Morse, who was fired

after the incident, had a passion for protecting people and never

understood why he was being prosecuted. \"His dream has been taken away,\"

she said.

Pettit said she was relieved that the jury didn't find her son guilty, but

disappointed that the case had still not ended.

The case drew national attention, including promises to investigate by U.S.

Atty. Gen. John Ashcroft, and prompted protests against police abuse. It

began at an Inglewood gas station on July 6, 2002. Los Angeles County

sheriff's deputies were talking to Jackson's father, Coby Chavis Jr., about

expired registration tags on his car when Jackson came out of the station's

snack shop.

When Jackson failed to follow deputies' orders, one walked the teenager to

a squad car and ordered him to sit down. Jackson refused, which led to a

struggle. Inglewood officers, who had arrived to assist, wrestled Jackson

to the ground and handcuffed him. The videotape shows Morse picking up a

limp Jackson and throwing him onto the trunk of a patrol car, then punching

him in the face.

The second trial lasted four days and included testimony from officers,

experts in the amount of force police may legally use, and Jackson. Morse

did not testify in his own behalf.

Jackson told jurors that he blacked out and didn't remember being slammed

against the police car. Prosecutors argued that Morse was an out-of-control

officer who wanted to hurt Jackson in retaliation for his resistance. Morse

should have stopped using force as soon as Jackson was handcuffed, they said.

Defense attorney Barnett countered that Morse did exactly as he was trained

when he placed the combative suspect against an immobile object. He said

Jackson continued to resist when handcuffed by refusing to stand up and

making himself dead weight in Morse's arms.

In Inglewood Friday afternoon, reaction varied from disinterest to outrage.

\"I'm shocked,\" said James Edwards, a security guard at Inglewood

Marketplace. \"Everybody saw what happened. The tape shows what happened.\"

Wayne Johnson, who lives in Baldwin Hills, said Morse was too aggressive

with Jackson. \"He beat that boy,\" he said. \"I don't care what that boy did

or didn't do prior to the cuffs being put on him.\"

Claire Luckett, minister at God Touches Lives Outreach Ministry in

Inglewood, said police officers have a trying job, but they need to abide

by the law.

\"It was plain as day that something should have been done to the officer,\"

she said, \"maybe anger management.\"

Times staff writers Kevin Pang and Joy Buchanan contributed to this report.

<\/p>\n<\/body><\/html>\n","contact":"","link":"","address":"","phone":"","parent_id":0,"mime_type":"text\/plain","summary":"Copied from the LA Times, about the Jeremy Morse case.","numcomment":5,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2004\/02\/102084.php"},"attachments":[],"comments":[{"id":102097,"heading":"fresca","article":"Maybe it's time to just accept that this guy did nothing wrong and let him have his badge back and carry on.\r\n\r\nPerhaps we should turn our attention to the lil'thug who brought this all on himself to begin with.\r\n\r\n","author":"fresca","parent_id":102084,"mime_type":"text\/plain","created":"2004-02-02 07:24:59","modified":"2004-03-09 22:02:00","fileurl":""},{"id":102106,"heading":"donovan jackson...","article":"He didn't seem to do anything.\r\n\r\nDonovan Jackson was a little bit defiant in moving slowly, but I believe cops know how to deal with that. It doesn't involve punching the handcuffed guy in the face.\r\n\r\nRead this linked guide for cops dealing with people with "oppositional defiant disorder". I skimmed it and didn't find any section that instructs the officers to slam the youth on the car hood to wind them, and then punch them in the face to gain compliance.\r\n\r\nAlso, Donavan Jackson doesn't seem to even fit the rather extreme portrait of ODD presented in the document.\r\n\r\nJeremy Morse saw an opportunity to abuse a kid, and did it. He thought he could take his agressions out on a random victim. I think it's simple as that. (Go out to any big event, and you'll find random jerks getting into fights. Same thing.)","author":"johnk","parent_id":102084,"mime_type":"text\/plain","created":"2004-02-02 11:03:10","modified":"2004-02-02 11:03:10","fileurl":""},{"id":102141,"heading":"No Justice, No Peace!","article":"Where is the protest for this ?\r\n\r\n\r\n\r\n","author":"x","parent_id":102084,"mime_type":"text\/plain","created":"2004-02-02 20:28:37","modified":"2004-02-02 20:28:37","fileurl":""},{"id":102146,"heading":"again... frescais a fuckin idiot.","article":"Somebody should let that cop have his badge back? Why so somebody could kill him?\r\n\r\nJeremy Morse due back in court feb 6 2004 for drug possesion.\r\n\r\nYour really ignorant fresca and should not let your "blind allegance" speak on this issue.\r\n\r\n\r\nThis is not over. If your narrow mind remembers, then you will know that theodore brisenio and stacey koon faced federal charges as well as civil litigation You dipshit. This is just faze one you ignorant puke.\r\n\r\nThe issue of the jury means that people like YOU filled the courtroom as if you think that NO cop CAN DO wrong. People like you are the problem fresca. Your blind allegance to a flag, president and modern day KKK police force shows how truly a fucked up individual you are.\r\n\r\n\r\nVOTE STEVE COOLEY OUT march 2nd.\r\n\r\nhttp:\/\/www.freecrooks.com","author":"nonfresca.","parent_id":102084,"mime_type":"text\/plain","created":"2004-02-02 22:22:22","modified":"2004-02-02 22:22:22","fileurl":""},{"id":102214,"heading":"This will fall off the radar screen","article":"The only reason this might be tried again is because Cooley is running for re-election. And as far as the Federal Courts being willing to prosecute, there is no chance. The kids was not injured and he was taken to court twice in state court so they know they could not win. If you know anything about Federal Prosecutors they wont go after him unless it is much more political or there is significant injuries.","author":"john","parent_id":102084,"mime_type":"text\/plain","created":"2004-02-03 16:46:46","modified":"2004-02-03 16:46:46","fileurl":""}]}