Post by WaTcHeR on Feb 7, 2006 11:54:36 GMT -5
02/06/2006 - A trial begins Tuesday in Rochester for a man accused of having an open container in public and resisting arrest. The man, Keita Kitchen, claims a Rochester Police Officer beat and physically abused him. The arrest happened back in September.
On Monday Kitchen and his lawyer, Van White, released an audiotape of the arrest Kitchen recorded. The recording begins when Officer David Morales meets Kitchen standing outside of a store on Joseph Avenue with an open container of alcohol.
“You get your ass back in the store, or I'll lock up with that bottle. You're not fucking safe,” Officer David Morales said.
Kitchen laughs.
“Next time I see you I'm going to lock you up,” Morales said.
Kitchen laughs.
“You think I'm playing with you bro? Huh?” Morales said.
“Whoa,” Kitchen said.
“You think I'm fucking playing with you?” Morales said.
A third party said, “You can't come up in here.”
“Why not?” Kitchen said.
A third party said, “You can't come up in here.”
A fourth party, said, “What's going on out here?”
“You think I'm playing with you bro? You think he's going to fucking protect your ass?” Morales said. “If I want you bad enough, you think he's going to protect you?”
“Mmm hmm,” Kitchen said.
“You really do. You really do,” Morales said. “You want to prove my point? Huh?”
The recording continues, when Kitchen says he was hit with a police baton.
Officer Morales says, “Get outta here, get out, get the fuck out, get out. Get him out. Out. Come out, come out, come out, come out, come out, come out, come out, come out, down, get on the floor, get on the floor, on the ground, on the ground, on the ground. Put your hands behind your back. Stay back.”
A third party, “This is my store and I don't know...”
“Who cares,” Morales. “I don't care, who you think I am?”
Kitchen says he recorded the arrest because he was getting harassed by police.
Transcripts of a police questioning shows Officer David Morales hit Kitchen more than three times.
When asked if he meant to be derogatory Officer Morales said, “No.”
When asked if Kitchen resisted arrest Morales said, “Yes he did.”
“I think circumstantially by listening to the tape you get the sense that it's not that he is resisting the command of the police, he's defending himself from a person who is assaulting him,” Kitchen’s lawyer, Van White said.
“It's a continuing investigation I don’t know what status is at this point,” Deputy Chief James Sheppard said. “I'm sure that when it has closed we will take the appropriate action if there is need for same.
Kitchen's trial for resisting arrest begins Tuesday. Kitchen has filed legal papers intending to sue the city. His lawyer says it should be the police officer on trial. The mayor's office says it can't comment where there is the possibility of a lawsuit.
On Monday Kitchen and his lawyer, Van White, released an audiotape of the arrest Kitchen recorded. The recording begins when Officer David Morales meets Kitchen standing outside of a store on Joseph Avenue with an open container of alcohol.
“You get your ass back in the store, or I'll lock up with that bottle. You're not fucking safe,” Officer David Morales said.
Kitchen laughs.
“Next time I see you I'm going to lock you up,” Morales said.
Kitchen laughs.
“You think I'm playing with you bro? Huh?” Morales said.
“Whoa,” Kitchen said.
“You think I'm fucking playing with you?” Morales said.
A third party said, “You can't come up in here.”
“Why not?” Kitchen said.
A third party said, “You can't come up in here.”
A fourth party, said, “What's going on out here?”
“You think I'm playing with you bro? You think he's going to fucking protect your ass?” Morales said. “If I want you bad enough, you think he's going to protect you?”
“Mmm hmm,” Kitchen said.
“You really do. You really do,” Morales said. “You want to prove my point? Huh?”
The recording continues, when Kitchen says he was hit with a police baton.
Officer Morales says, “Get outta here, get out, get the fuck out, get out. Get him out. Out. Come out, come out, come out, come out, come out, come out, come out, come out, down, get on the floor, get on the floor, on the ground, on the ground, on the ground. Put your hands behind your back. Stay back.”
A third party, “This is my store and I don't know...”
“Who cares,” Morales. “I don't care, who you think I am?”
Kitchen says he recorded the arrest because he was getting harassed by police.
Transcripts of a police questioning shows Officer David Morales hit Kitchen more than three times.
When asked if he meant to be derogatory Officer Morales said, “No.”
When asked if Kitchen resisted arrest Morales said, “Yes he did.”
“I think circumstantially by listening to the tape you get the sense that it's not that he is resisting the command of the police, he's defending himself from a person who is assaulting him,” Kitchen’s lawyer, Van White said.
“It's a continuing investigation I don’t know what status is at this point,” Deputy Chief James Sheppard said. “I'm sure that when it has closed we will take the appropriate action if there is need for same.
Kitchen's trial for resisting arrest begins Tuesday. Kitchen has filed legal papers intending to sue the city. His lawyer says it should be the police officer on trial. The mayor's office says it can't comment where there is the possibility of a lawsuit.