CPD Officer Invokes Fifth Amendment right during Michael Brelo trial
A CPD police officer invoked his Fifth Amendment right during CPD patrol officer Michael Brelo #39;s trial Wednesday. WEWS NewsChannel5 is On Your Side with breaking news weather updates...
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CPD Officer Invokes Fifth Amendment right during Michael Brelo trial - Video
A Clevelandpolice officer refused to testify Wednesday during the trial of a colleague, Officer Michael Brelo, who facestwo counts of manslaughterin a case that involved a wild high-speed chase. Officer Michael Demchak invoked his Fifth Amendment right against self-incrimination on the witness stand after answering just a few basic questions about his identity and work history, citing advice from an attorney to not testify unless granted immunity, Cleveland.comreported.
Cuyahoga County (Ohio) Prosecutor Timothy J. McGinty wasn't pleased with the officer's refusal to answer questions. "We need his testimony in this trial. We're asking for his testimony," McGinty said, asWEWS-TV reported."We're asking for the truth. That is his duty as a police officer."
Brelo, who was indicted on two counts of voluntary manslaughter May 30, 2014, is on trial in connection with the Nov. 29, 2012, deaths ofTimothy Russell and Malissa Williams. Russell, 43, and Williams, 30, both unarmed, led police on a wild car chase that involved more than 100 officers and 60 police cars. Russell and Williams were each struck with more than 20 rounds after police fired nearly 100 shots at the 1979 Chevrolet Malibuin which the pair had been traveling.
Brelo, 31, fired 49 rounds and reportedly jumped on the hood of the car and fired about 15 rounds after the chase had concluded, the Cleveland Plain Dealer reported. Prosecutors argue the action was unjustifiable since the chase was over.
Investigators said Demchak fired his gun four times during the incident and prosecutors filed motions before the trial opposing police officers who might invoke the Fifth Amendment, Cleveland.com reported. McGinty reportedly told the court that police officers knew one of the fellow officers had done something wrong that night but were refusing to come forward.
The judge in the case decided to allow police officers to invoke the Fifth Amendment just as any other citizen would be allowed to do. "You're asking a witness to rely on your word that you won't charge him, but that's just not the standard," said Judge John P. O'Donnell, as Cleveland.com reported.
Prosecutors expressed frustration that Demchak's refusal to testify had set a precedent. "It won't end with this," McGinty told the court, Cleveland.com reported. "I am reluctant to start doing it here and now for fear of the future result."
Two other police officers -- the first to say he saw Brelo on the hood of the car and that officer's partner -- have been granted immunity in the case thus far. Two more police officers are expected to invoke the Fifth Amendment in the trial, Cleveland.com reported.
The trial beganMondayand is expected to last five to seven weeks.In December 2014, following an investigation that began in response to the shooting of Russell and Williams,U.S. Attorney General Eric Holder found that the Cleveland Division of Police engaged in a pattern of excessive use of deadly force.
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Michael Brelo Indicted: Fellow Cleveland Police Officer Refuses To Testify In Manslaughter Trial Over High Speed Chase
CLEVELAND, Ohio -- Cleveland police detective Michael Demchak invoked his Fifth Amendment right against self-incrimination shortly after being called to the witness stand Wednesday to testify in the trial of fellow officer Michael Brelo. A heated argument ensued.
Demchak, who was involved in the 22-minute chase and fired some shots at the car driven by Russell, was granted his right by Cuyahoga County Common Pleas Court Judge John P. O'Donnell.
Prosecutor Timothy McGinty filed a motion saying he wanted to treat any Cleveland police officers that might testify during the trial as hostile witnesses. The motionargues police officers were not fully cooperative with investigators during interviews with the Ohio Attorney General's Bureau of Investigations and with prosecutors' efforts leading up to the trial.
Brelo is the only officer to face criminal charges in the November 2012 chase that ended with 13 officers firing 137 shots into a car fatally shooting unarmed Russell and Williams.
Brelo, who prosecutors have said fired 49 of the shots, waived his right to a jury. O'Donnell will ultimately render a verdict in the case.
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Watch Cleveland police officer take the Fifth in Michael Brelo trial sparking heated debate (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)
The Justice Department has declined to pursue contempt of Congress charges against Lois Lerner for refusing to testify about her role at the IRS in the targeting of conservative groups.
The department announced the decision in a letter Tuesday to House Speaker John Boehner, whose Republican-controlled chamber made the request to prosecute, after holding Lerner in contempt for refusing to testify at committee hearings.
"Once again, the Obama administration has tried to sweep IRS targeting of taxpayers for their political beliefs under the rug, Boehner spokesman Michael Steel told FoxNews.com.
Lerner asserted her Fifth Amendment privilege, which allows people to not testify against themselves, during a May 2013 hearing of the House Committee on Oversight and Government Reform and then again at a March 2014 hearing.
However, House Republicans argued Lerner waived the privilege with an opening statement she made before the committee in the May 2013 appearance. All the chambers Republican members and six Democrats officially voted in May 2014 to hold Lerner in contempt.
Ron Machen Jr., the U.S. attorney for the District of Columbia, said in the seven-page letter that federal prosecutors concluded Lerner did not waive her privilege because she made only general claims of innocence during the opening statement.
Thus, the Fifth Amendment to the Constitution would provide Ms. Lerner with an absolute defense should be prosecuted for her refusal to testify, wrote Machen, who was appointed to the U.S. attorney post by President Obama and left for private practice Wednesday, one day after sending the letter.
He also said he will not refer the case to a grand jury or take any other action to prosecute.
Lerner ran the IRSs exempt organizations unit when Tea Party and other nonprofit groups with conservative names applying for tax-exempt status were targeted for additional auditing from April 2010 to April 2012.
She was placed on administrative leave in May 2013 and retired four months later.
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Feds won't pursue contempt charges against Lerner for not testifying before House - VIDEO: DOJ: No contempt charges ...