In This Issue: Vol 8, No. 1 (Summer, 2007)

From the Chairman

Texas Sheriff Convicted of Violating
Rights of Illegal Aliens


Zigan and Freeman Acquitted!



Case Updates, Mohr, Bunn

Officer Lawlor Charged With Manslaughter

Queens Detectives Charged

Judge Ordered to Rule in Stephanie Mohr Case

Adam, Stephanie Mohr’s son, and her entire family, hope the writ of mandamas will hasten her release from prison, where
she has been since 2003.

More than two years ago, former Prince George’s County (Maryland) Officer Stephanie Mohr petitioned her trial court judge, Deborah Chasanow, to set aside her conviction and sentence of 10 years imposed in December 2001. Because of the long delay in the judge’s response, a writ of mandamus has been filed by Fred Bennett, Officer Mohr’s attorney, to compel the judge to make a ruling within 60 days.

In September 1995, Officer Mohr released her police dog, Valk, according to regulations, to stop Ricardo Mendez, a suspect in a robbery, from fleeing. Six years later, after one trial with a hung jury (11 to 1 for her acquittal), she was convicted at a second trial of one count of depriving Mendez of his rights under color of law.

Following an unsuccessful appeal, it was decided to petition Judge Chasanow for a new trial based on ineffective assistance of counsel and on the 2004 Supreme Court decision holding that the federal sentencing guidelines were unconstitutional.

A major problem in the trial was her lawyer’s failure to object to the prosecution’s use of untruthful testimony of a witness who called Officer Mohr a racist. In addition, her legal counsel failed to present character witnesses to testify to the truthfulness of her statements, and further failed to object to the use of opinion evidence regarding use of force in her release of her police dog.

We hope the judge will order a new trial, but at a minimum we expect her to grant a new sentencing hearing that should reduce Officer Mohr’s sentence substantially. Justice
has been severely delayed in this case.

Hearings Held in the Raymond Bunn Case

Raymond Bunn with family.

Because of your generous support, LELDF has taken an active role in assisting
with attorney fees and expert witnesses in the case of Raymond Bunn, a seven-year veteran of the Atlanta Police Department. Officer Bunn was indicted in December 2005 by a Fulton County Grand Jury for murder and felony murder (capital offenses in Georgia), aggravated assault with a deadly weapon, and violation of oath.

Hearings on Raymond Bunn’s motion to dismiss the charges based on self-defense and the speedy trial act were held in February and March of this year. Testimony was heard by several experts including Urey Patrick, a former FBI agent and instructor at the FBI Training Facility at Quantico, Virginia.

Patrick examined all the evidence and concluded that Officer Bunn was following regulations and well within his right as an officer to defend him self from deadly force when he fired at the oncoming vehicle. The Georgia Bureau of Investigation and the Atlanta Police Department supported the self-defense motion.

The Bunn legal team also placed into evidence a computerized simulation of the incident that clearly demonstrated he was in imminent danger of being struck by the vehicle — and that he was in deadly physical danger — and therefore was justified in firing at the driver.

Other expert witnesses at the hearing precisely calibrated the actions of Officer Bunn and his partner, Officer Mulkey; the trajectories of the bullets fired; and the speed and direction of the SUV.

The indictment arose from an incident that occurred on July 14, 2002, at a parking lot on Peachtree Road in Atlanta. Officer Bunn fired two shots at a Chevy Tahoe that was trying to run him down. The driver of the vehicle, Corey Ward, was hit once in the head and died instantly. Officers Bunn and Mulkey both believed that their lives were in danger as the Chevy Tahoe bore down on them. Other passengers in the vehicle confirmed that Ward knew that Bunn and Mulkey were police officers.

Regrettably, the family of the deceased has filed a multi-million dollar civil lawsuitagainst Officers Bunn and Mulkey and the Police Department of Atlanta. We expect a trial to be scheduled in the next few months.

 

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