“Law is not justice and a trial is not a scientific inquiry into truth. A trial is the resolution of a dispute.” ~Edison Haines
It was a long week for Isle Mayor Mike DeCoursey last week. He was on trial on felony charges of assaulting a police officer.
The jury said they believed he was defending his wife at the time of the altercation between he and Isanty County Deputy Sean Connolly. They made no mention as to whether or not they believed he actually assaulted Officer Connolly or not. They held firm to the belief it was self defense and a technicality.
Just for fun, let’s compare a similar case.
An incident occurred in Minneapolis outside the Block E Hooters last May. Two men from Cedar Falls, Iowa, Tanner McCormack, 29, and Tyler McCormack, 23, and a couple dozen of their friends were in town for an all-day bachelor party. Tanner McCormack was asked by the Hooters manager to leave because he was drunk, according to the Star Tribune.
That night a Minneapolis police officer, James Lynch, was off duty, but in uniform, working as Block E security. A security video shows Lynch and the McCormack brothers in a fight which ended with Tanner McCormack arrested, the Tribune says.
The defense attorneys said Lynch started the fight because one of the brothers called him fat. So one brother was defending the other brother. Defense attorney argued her client saw an officer out of control and tried to intervene. The defense team also said Lynch was off duty so the brothers could not be guilty of assaulting a police officer. To be a police officer at that moment, Lynch would have had to witness a crime in process and that no crime was committed, according to the defense attorney.
The prosecutors said the McCormack brothers were looking for a fight that evening and any action by Lynch was an attempt to get the brothers away from him. In his closing argument, Assistant Hennepin County Attorney Dan Allard said, “Sometimes things are just what they seem,” asking the jury not to fall for the self-defense claim.
The jurors viewed the video tape over 20 times. They deliberated for over two days and sent many questions back to the court. In the end, they were hung. The jury of six men and six women could not unanimously decide who was right and who was wrong.
Prosecutors intend to retry the case.
The jury for the DeCoursey trial decided within two hours they believed the defense attorney’s closing argument. In that argument he said whether they, the jury, believed DeCoursey punched Connolly or not was not the issue. It was self defense — coming to the aid of his wife and that Connolly was off duty. In the end, that is what the jury believed. DeCoursey was found not guilty of assaulting a police officer or obstructing justice.
The DeCoursey case has many similarities to the McCormack brothers case. There was a lot of drinking going on. Somebody was looking for a fight. Somebody found one. And somebody got hurt. In both cases, it was a police officer.
Both cases involved off duty police officers. Both were wearing uniforms.
This is the kicker for me. Set aside the childish cry of “he hit me first.”
Are we not taught from an early age to respect police officers? Are they not on the streets to protect and to serve? If we cannot trust our police officers — whether on duty or off — to protect us from dudes looking for a fight, who are we going to trust when there is a fight? Who are we going to trust when a child is missing? A parent is in an accident? Our kid’s school is threatened by a maniac?
Would you care if the officers coming to your aid in these situations were on duty or off?
That should be irrelevant. The simple fact is that citizens cannot go around hitting, punching, pushing, spitting or throwing feces at police officers. Period.
Who is responsible for keeping the peace — for keeping order? If officers become afraid to do their job because they may be threatened with a law suit because of their actions while doing their job, who will keep the order then?
“Justice is incidental to law and order.” ~John Edgar Hoover
Where is the justice when the people hired to keep law and order cannot properly do their jobs?
Also during the trial a comment was made that should bother some people. The defense attorney, who was at one time a prosecutor — an Assistant Mille Lacs County Attorney no less — said “All cops lie.” I will blog about that next, because this one is just getting too long.
Stay tuned for more behind the scenes of the DeCoursey trial.
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26 comments:
I don't see how you can even compare these two situations. One has someone calling your drunken brother fat and the other has someone pushing your sober wife around. I commend Mr. DeCoursey for standing up to an out of control punk pushing women around. If you would like to live in a police state maybe you should move to Russia. If there were more people like the DeCoursey's the town of Isle would be a lot better place!!
In the March 5, 2008, issue of the Messenger, the phrase “Today is the day you can change the world,” in Vivian Clark’s column caught my eye. It is an admirable concept that should be embraced by everyone, including Ms. Clark.
In perusing the extended coverage on the internet of Mike DeCoursey, my husband, and the alleged incidents of Isle Days, Ms. Clark posted a “news” story on January 15, 2008 (in print January 16, 2008), pertaining to the Omnibus Hearing held January 11, 2008, to the Messenger’s website.
In this story she states, “Betty said she and Mike started to walk over to where this was taking place and were approached by Audrey Tramm, Deanna’s mother. Betty said Audrey Tramm indicated the direction of the incident as she ‘pointed, and I followed the direction with my gaze.’”
If you log onto the Mille Lacs County Times’ website, you will find a story posted January, 16, 2008, by Dawn Slade. Her story states, “Betty told the court that she went to find Audrey Tramm to see if she knew about Deanna.”
This is one of many errors in Ms. Clark’s “news” coverage of this story. I never testified I was approached by Audrey. I said I approached Audrey. Mike was not with me. I never testified Audrey indicated the direction of the incident to me. I said I did not know why Audrey had raised her arm. I did follow her arm with my gaze. Score one for you, Ms. Clark!
These innuendos and half-truths are all documented by court transcripts. I question what the intent of Ms. Clark’s misinformation could be? Is this her idea of changing the world?
Her follow-up story printed March 12, 2008, continues with more errors, statements taken out of context, and misquotes in most paragraphs. I find it hard to believe we were at the same trial.
She is correct in saying, “There were inconsistencies throughout the trial between witnesses and even in the same witness’s testimony.” For the most part, the inconsistencies were in the testimony of three police officers for the prosecution. There were hundreds of people at the event. They were the only witnesses, out of 17 witnesses who testified, for the prosecution. Bear in mind, how do you find a witness to something that did not happen? Also, two witnesses aside from two other officers did testify to the confrontation. I was one of them, as was Mike. What was the intent of Ms. Clark’s misinformation? Is this her idea of changing the world?
Mike did not see Connolly near me when he stepped in as she states. He testified he saw me flying through the air. Mike is misquoted as saying, “Do what you have to do. You pushed my wife.” Mike actually said, “Do what you have to do, but I should fire you. You pushed my wife.” Mike witnessed Connolly’s actions towards me. This is not the type of behavior Mike, as Mayor, would tolerate from a city employee towards any citizen. Mike testified there are four complaints against the officers’ conduct that evening. In addition, just because he did not specifically deny the alleged assault at that time does not mean it occurred.
I question her innuendo that alcohol was involved. Considering I, along with many other witnesses, testified to being sober, this type of “news” belongs on the Opinion page. Mike did not testify to “consuming ‘courage in a can’ prior to assuming the role of the Cowardly ; he said he drank “a can of courage” prior to the parade while getting make-up put on. What was the intent of Ms. Clark’s misinformation? Is this her idea of changing the world?
Beer was not what started the original fight. A girl being sexually harassed on the dance floor is. She continues her “news” story stating, “Denna Tramm, of Isle, testified that she threw beer in the face of a man who was annoying her sister, Heather, on the dance floor.” No one, including Denna, ever testified to this. In fact, testimony stated it was the man who threw the beer on Denna and Heather.
Ms. Clark’s drama continues when she quotes, “’I ran over and pushed him,’ DeCoursey said.” She has got to be kidding! Mike clearly stated in court he did not push Officer Connolly. What was the intent of Ms. Clark’s misinformation? Is this her idea of changing the world?
The audacity of Ms. Clark when she gives Mr. Curott’s statement that we wanted to thank the jury and omit the intent of the statement is pure negligence. I specifically asked Mr. Curott to thank the jury for their service. I watched prospective jurors spend the better part of a day answering questions with their personal beliefs and experiences or wait patiently for their name to be called only to be released as they were not needed. I watched those chosen take notes during the trial and really listen to the testimonies that were presented to them. I watched the alternate be excused after four days, as the original twelve jurors fully dedicated their time so she was excused. I truly appreciate the sacrifices they made to serve their county.
How many of us find a couple of hours, let alone several days, to serve our communities? For those of us who are self-employed, it can be extremely hard at certain times of the year! I will now think of jury duty as an honor instead of a chore.
Many witnesses testified in Mike’s defense. They, too, performed their civic duty and are a vital part of our justice system. How many people are willing to testify to the truth, or is it easier to hide your head in the sand?
I could go on and on with each instance of inaccuracy in Ms. Clark’s “news” stories. It has already taken up far too much space.
Anoka County residents will pay for the inept investigation by their Sheriff’s Department and the arrogance of their County Attorney’s Office. Both Mike and I offered to take polygraph tests. We submitted a witness list of over 30 people. We tried to resolve this issue prior to charges being filed. It didn’t matter, or they just didn‘t care. These people should be accountable to their taxpayers for their actions or lack thereof.
I will agree, Ms. Clark. You have certainly changed the world! In the process, you have also changed the worlds of other people who did not ask to have their worlds changed by the lies printed under your byline. Shame on you!
Everyone lies, this is true. Is it more acceptable if we lie about a public figure? How about a teacher? They are paid with our hard-earned tax dollars. What about the business owner we see on Main Street? Is it acceptable to lie about him? How about the guy that doesn’t dress or look like we think they should look? Is that okay? In the morning, a lie is still a lie no matter who it is about.
I believe the good people of our area deserve a better newspaper! We should demand truth and fairness without question. A significant amount of testimony was given which is not represented in this story. There are some people who jumped to conclusions based on the “news” stories Ms. Clark wrote. These people still do not know the truth. Ms. Clark, how will you correct this? Can you change this world?
Some people sell their integrity for a good story or a big headline on the front page. Others stand by their integrity until the truth is told. They stand by it no matter what the cost, both financially and personally.
There are countless examples of people coming together to help one another, to be kind to one another, and to support one another in our communities. Each one of us does change the world everyday, mostly for the positive.
Ms. Clark, you are in a position more than most with your printed word. How will this “news” story be perceived five years from now, ten years, or even fifty. When my great-grandchildren want to learn more about their great-grandfather that was Mayor and what he proudly did for his community, what will they learn from your stories? You must ask yourself, “How did I change his world with this story and can I be proud of it?”
Betty DeCoursey
By the way Vivian, I was just wondering why nothing was said about Connolly shoving and throwing to the ground two other girls. One was 19 years old, the other in her mid-40's, like my wife. Do you really condone this kind of treatment to ladies for any reason? I was taught from a young age to respect women. All 3 of these girls were sober. How was the beer involved? Also nothing was said of the gulf war veteran still on active duty who was repeatedly shoved by an officer for merely asking what was going on and why the officers had drawn weapons on the crowd. You also heard that four complaints were filed against Connolly, and I believe Barnes should have a complaint since the trial,and the complaints are being investigated. Are you hounding the investigator to get info about them, like you hounded the county attorneys to get info on me.
Dear Mike, Betty and other readers,
The comments submitted to this blog by Betty DeCoursey were intended to be a letter to the editor. Mr. DeCoursey delivered them by hand to the office yesterday morning, on deadline. He threw a copy on my desk, as well. Mr. DeCoursey refused to speak rationally with Brett, and instead argued about font size and page layout and left the building.
However, our policy clearly states a 600 word maximum on letters to the editor. When Brett phoned the DeCoursey's at home and informed the DeCoursey's of this policy, suggested she edit the letter and even offered to give her 700 words -- 100 words more than everybody else in the world is allowed making a special allowance, um, just because, I guess, She turned it down. "Not interested" she said and she hung up the phone.
Betty, your letter is 1400 words long.
The policy clearly states on page 6 of the Messenger:
- ... limit letters to 600 words. The editor reserves the right to reject in its entirety any letter that exceeds that limit.
- The Messenger reserves the right to reject letters that contain false or misleading information.
- The Messenger reserves the right to edit or reject letters for clarity, length, grammer or libel.
- Mailbag letters are not a forum for specific personal or business disputes. Letters concerning such issues may be used as background for news stories or may be forwarded to appropriate recipients.
The entire policy can be read each week in the paper. Page 6.
If you look back to "My First Blog" posted in Sept, I listed rules for comments to my blog.
Please read them.
This is not the place for personal attacks.
Betty, I will allow your 1400 word post to the blog one time. But you submitted it twice. There are two exact comments from you and two from Mike. They are exactly the same. I will delete one of each. Just as I did the 5 comments that were the same from "Dan" yesterday. One remains.
I have not edited either post - yet - but per the policy mentioned above, I have that right.
I will comment on your comments soon, but honestly, I have some real work to do. Feel free to call me at any time. You know the number.
Ms. Clark, I apologize for the multiple posts. They happened when I was trying to sign up on your site. In no way was my comment meant as personal attack on you and I hope it wasn't taken as such. Also I guess I missed your rules for comments. To clarify, do all comments have to be in total agreement with you and of sunny disposition? If so I'll try to do better next time.
Betty and I would also like to say we did not try to post more than once. Would you like us to take a polygraph test? I think it happens if you type the code word wrong and redo it, it goes on twice. I'm sure we did something wrong; it couldn't be anything other than our fault. Also like Dan we didn't notice the rules. I guess our opinion and facts don't count. Gee, Dan. You sound like a guy with integrity. He sounds like a guy I could have a beer with. Who is Dan anyway?
Dan, Mike and other readers,
Of course you can leave your opinions on this blog. That is what it is for.
And, no, Dan, the comments do not have to be in total or any agreement with me. What fun would the world be if everyone believed in exactly the same thing? You can be as cloudy as you want if it makes you feel better. The sun can't shine everyday. Oh, wait — The sun does come up every day. I guess it is all a matter of perception.
I have left every comment on so far, haven't I.
Mike, if you really want to take a polygraph test, go ahead. They are inadmissible in court, I do believe. The reason? They are unreliable. Some people can fool the tests. Some people can lie so well they believe their own lies and the tests are no good. But if it would make you feel better, go ahead. Are you footing the bill with your personal account?
I just wanted you to know that if the comments turn into mean personal attacks, they will be deleted.
I meant we would take the polygragh test to prove we didn't post twice on purpose. (JOKE!) I could never cheat on one as I'm not lying. I'm alot of things but liar is not one of them. But we do know the truth and facts and background for this charge. If the test could be altered by someone believing their lies, that would work for a cop believing his lies also, wouldn't it! I can't believe the people that investigated this never talked to one citizen witness, including you as a reporter. I know you think I'm guilty and that's your right; I know you don't know me at all and never will. And yes, I have footed the bill to this point for everything. Why? What are you getting at? Should someone else be responsible?
I meant we would take the polygragh test to prove we didn't post twice on purpose. (JOKE!) I could never cheat on one as I'm not lying. I'm alot of things but liar is not one of them. But we do know the truth and facts and background for this charge. If the test could be altered by someone believing their lies, that would work for a cop believing his lies also, wouldn't it! I can't believe the people that investigated this never talked to one citizen witness, including you as a reporter. I know you think I'm guilty and that's your right; I know you don't know me at all and never will. And yes, I have footed the bill to this point for everything. Why? What are you getting at? Should someone else be responsible?
Ms. Clark, You seemed to miss the point of my first post. We have a so called ''officer'' that when a small scuffle breaks out, goes ballistic ,pushing young girls and women around. The mayor comes to their defense and is charged with a crime. After a trial based on this '' officers'' lies the mayor is found not guilty. You said the county attorney admitted he lied. These lies cost the mayor dearly, in time, money, and defamation of his good name. Now here is the kicker for me. You say we should still respect him just because he is an ''officer''. I think this ''officer'' could better serve society by cleaning toilets at the jail. Hope I haven't been too cloudy for you! Have a nice day.
I have to trust the system. If we don't, what do we have as a society? Sometimes the system works and sometimes it doesn't. I am not saying it didn't in this case, so please don't go there. A jury of your peers, Mike, found you not guilty. I trust that. You don't know me well enough to know what I think, Mike. You said so yourself.
Sometimes the system doesn't work. There are real criminals running around out there who might better serve society by staying behind bars. But because of the system, (i.e., lack of witness testimony, or not a high enough criminal history score to keep them in jail, or whatever) they are still running around. I am referring to drug dealers, repeat DWI offenders, rapists, child molesters, domestic abusers, arsonists, gang members and so on. Often times they get picked up, spend a few days in jail and are right back out repeating the cycle while waiting for trial. The Mille Lacs County Court system has its hands full with real criminals. Maybe your attorney was right and your case should never have gone to trial. But it did. You hung in there and stood your ground. The jury found you not guilty. Its over.
Dan, when did I say the county attorney admitted he lied? I do like your sense of humor though. Like I said before, you can chose to live with a sunny disposition or cloudy. It is up to you.
I agree with Lurechi. “Life is too short for drama & petty things. So, laugh insanely, love truly and forgive quickly. “ Author unknown.
Ms. Clark, If, god forbid, my child's school was threatened by a maniac, my parents were in a accident, my child was missing, or some dude was just looking for a fight, I hope these ''officers'' don't show up. They could only make a bad situation worse! ''with authority, abuse of authority soon follows'' author unknown Have a nice easter.
Viv did talk to other citizen witnesses of this event, but none of them were willing to go on record.
Mr. Larson, Why is that? Possibly they fear repercussions from these ''officers''? They seem to be able to bring unwarranted charges against whomever they please. Most citizens cannot afford a lengthy jury trial.
I completely agree with Dan again. Also has the paper thought about thier inacurate reporting and quoting as to why people maybe don't want to talk to them on the record!
Brett said, "Newspapers paraphrase and cut things out all the time. It's not possible to quote everything in its entirety. And reporters include everything and the editor cuts it."
Didn't your mothers ever teach you guys it's not nice to pick on or be mean to girls!!!!!!!!!!!!!
love ya Viv!!!
Javaqueen, Yes my mother did teach me that. Actually, like Hank Williams J.R. said, I really, really, really like girls. But when someone continually trashes my friends I feel the need to speak up in their defense. It was never my intent to be mean.
Mean to women is mean--- regardless of why!!!!
trashing people i guess is a 2 way street and I can understand sticking up for friends-Viv just happens to be mine-
Life is way toooo short and the sun is finally shining -go outside and enjoy !!!!!!!!!!
:)
Javaqueen, So you are saying only women can be mean and say bad things about other people? O.K., I get it.
If you want to look at it that way-Just try to be a little nicer "thumper" from Bambi said it best"if you don't have anything nice to say -don't say anything at all"yes I will quote a cartoon because sometimes we live in a cartoon world........:)
Talk about being mean to girls. What started all this was a 34 yr old 260 pound mean guy shoved my 49 yr old 135 pound wife for no reason. That was after throwing a 19 yr old 110lb girl to the ground knoking the wind out of her and just leaving her lay there. And after grabing a 40 somthing girl by the back of the neck and forcing her to the ground. Never intending any arests just being mean. The gulf war vet that was shoved probably doesn't count he was a guy.
By the way javaqueen Dan and I spend close to 14 hours a day outside!!!! How much time do you spend outside?
Talk about being mean to girls. What started all this was a 34 yr old 260 pound mean guy shoved my 49 yr old 135 pound wife for no reason. That was after throwing a 19 yr old 110lb girl to the ground knoking the wind out of her and just leaving her lay there. And after grabing a 40 somthing girl by the back of the neck and forcing her to the ground. Never intending any arests just being mean. The gulf war vet that was shoved probably doesn't count he was a guy.
By the way javaqueen Dan and I spend close to 14 hours a day outside!!!! How much time do you spend outside?
Talk about being mean to girls. What started all this was a 34 yr old 260 pound mean guy shoved my 49 yr old 135 pound wife for no reason. That was after throwing a 19 yr old 110lb girl to the ground knoking the wind out of her and just leaving her lay there. And after grabing a 40 somthing girl by the back of the neck and forcing her to the ground. Never intending any arests just being mean. The gulf war vet that was shoved probably doesn't count he was a guy.
By the way javaqueen Dan and I spend close to 14 hours a day outside!!!! How much time do you spend outside?
oopss hows it do that?
I don't get paid to work outside it would be great if I did..
-I was referring to being outside and not online blogging :)when I don't work I try to spend alot of time outside-thanks for asking though!!
Mike, I think you might be double clicking when you click the publish your post button. Try just a single click. Maybe that is why your posts are being multiplied. Worth a try anyway.
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