Washtenaw County sheriff's deputy goes to trial this week in death ...

Tag : Car Video
Fellow Deputy Eric Kelly and Sgt. Shawn Hoy were indictedseparately for using unreasonable force on Bruce Lee and face triallater this month.
Many of the witnesses and evidence presented in both cases will bethe same. But none has been the focus of more legal wrangling thanthe three-minute long patrol car video recording of theconfrontation.
Despite initial objections from Eberle's attorneys, the video maybe shown in slow motion multiple times during the trial and certainportions can be enhanced, the judge in the case has ruled. Thepatrol car video has been described in detail in court documentsbut has been yet to shown outside the inner circle of attorneys andinvestigators involved in the criminal case and related lawsuits.
Assistant U.S. Attorney Bob Cares said he could not discussspecific evidence in the case and referred The News to legalfilings, which emphasize the importance of the recording indetermining how Clifton Lee's civil rights were violated.
The video, records state, shows Eberle kneeling on Lee's neck withhis full weight and holding Lee's face to ground. He applied pepperspray to Lee's face at least once, causing the Ypsilanti Townshipman to scream and become more physically agitated.
The view is obscured momentarily by other officers who brieflyenter the fray until Lee's body goes limp. Eberle then turns Lee'sbody over, steps over him and kicks Lee's head with his heal,documents state.
Lee, 45, died that night from asphyxiation.
At first glance, it could be damning evidence for a jury, saidProfessor Eve Brensike Primus of the University of Michigan LawSchool.
"Tapes are very powerful to juries because it's live, visualinformation that appeals to their cognitive and emotional senses,"she said. "Watching someone being beaten is a lot more pronouncedand emotionally charged than merely being told about it."
But every little movement can also make a big difference ininterpreting the deputy's actions, she cautioned.
An officer's state-of mind in these situations is too difficult togauge fairly under the law, Brensike Primus said. So defenseattorneys can argue that the level of force used was a reasonableresponse based on their training and experience,
Prosecutors will also have to prove Eberle acted willfully. Inaddition to the video, they plan to introduce expert witnesses onuse of force, forensic pathology and the effects of pepper spray,court records show.
Plymouth-based attorney Rick Convertino, who represents both Eberleand Hoy, did not return messages from The News last week. He willpresent at least five experts on video analysis, forensic pathologyand use of force, as well as character witnesses, according tocourt records.
U.S. District Judge Sean Cox also will allow evidence of Eberle'scommendations and service awards for a limited purpose, despiteprosecutor's objections.
If those are presented during the trial, Cares indicated in courtrecords that he would introduce contrary evidence, including a 2004civil suit filed against Eberle and another deputy for roughing upa 16-year-old Romulus boy suspected of auto theft. The countysettled the suit a year later under undisclosed terms.
Several members of the Lee family plan to attend the trial, saidbrother James Lee.
"We're looking forward to it because it's taken so long to get tothis point," James Lee said. "They took my brother off this planetand it's time to be accountable."
Eberle, on leave since the incident and without pay since the triowere indicted in March, has declined comment through Convertino.
In a letter posted on a Web site dedicated to raising money fortheir defense, both Eberle and Hoy emphatically deny wrongdoing andvow to present a "vigorous and thorough defense."
"Losing our careers and livelihoods has caused us enormousfinancial hardship, emotional distress and untold pain," theywrote. "We know we are in for the battle of our lives."
Records state the federal statute allows the death penalty, butprosecutors will not seek it, meaning Eberle could face up to lifein prison if he is convicted.
The trial is scheduled to last two weeks.
Art Aisner can be reached at aaisner@annarbornews.com or 734-994-6823.