Archive for April, 2015

Cleveland police officer refuses to testify during trial of fellow officer Michael Brelo (video)

CLEVELAND, Ohio -- The otherwise low-key trial of Cleveland police officer Michael Brelo saw some drama Wednesday, the third day of testimony, when a fellow police officer refused to testify.

Prosecutors got through just a couple basic questions about the identity and work history of Cleveland police officer Michael Demchak beforeDemchak invoked his Fifth Amendment right against self-incrimination on the witness stand.

According to a report from the Bureau of Criminal Investigation, Demchak was one of 13 officers that fired their guns one night in November 2012, when two unarmed suspects were killed. Investigators concluded Demchak fired his gun four times.

Brelo, 31, is on trial for the murder ofTimothy Russell and Malissa Williams, who were shot to death by police in a 1979 Chevy Malibu. Russell, the driver, had evaded police during a 22-minute car chase through Cleveland and East Cleveland on Nov. 29, 2012.

Demchak told the court he invoked his right based on the advice of his attorney and would not testify unless he is granted immunity by the prosecutor's office.

Prosecutors had filed motions before the start of the trial opposing police officers who may invoke the Fifth Amendment. And they were quick to voice their opposition in court as well.

"We don't believe police officers should be granted immunity for testifying," assistant prosecuting attorney Adam Chaloupka told the court. Chaloupka said police officers should trust the Prosecutor's Office to not to charge them for testimony given during the trial.

Cuyahoga County Prosecutor Timothy J. McGinty, who has been present but silent at the proceedings until Wednesday, told the court that as a matter of public policy police officers should be required to testify without being able to demand immunity.

"It won't end with this," McGinty told the court. "I am reluctant to start doing it here and now for fear of the future result."

McGinty also told the court that police officers knew one of their fellow officers did something wrong that night, but refused to come forward with that information to investigators.

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Cleveland police officer refuses to testify during trial of fellow officer Michael Brelo (video)

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