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    Seattle Arrest Questions Cops' Use of Dash Cams

    Two friends who had planned to visit a Seattle sports bar claim they ended up being kicked, arrested at gunpoint and held in jail for several hours by a cop who said he intended to "make stuff up."

    Part of the arrest of Josh Lawson, 23, and Christopher Franklin, 22, on Nov. 16, 2010 is caught on tape by the officer's dashboard camera.

    But key moments of the arrest that should have been captured on video are missing and it was unclear whether the officer intentionally neglected to turn on the dash cam. None of the released footage shows the officer in the moments he made the stop or kicked Lawson.

    The accusations against Richardson are among many that have put a spotlight on the Seattle Police Department and it comes after the release of a Department of Justice report in December that said "serious concerns about practices that could have a disparate impact on minority communities" were raised by its review.

    The recording of the arrest was released after ABC News affiliate KOMO began an investigation into missing police dashboard camera videos.

    The recording of the arrest of Lawson and Franklin -- who were picked up for allegedly assaulting and robbing a man a short time earlier -- shows the suspects being helped from the ground and into the patrol car of Officer Brad Richardson.

    The officer's uniform microphone also records Richardson telling the suspects, "Yeah, I'm going to make stuff up."

    The Seattle Police Department called Richardson's comment "banter" and the officer was exonerated of any wrongdoing after a use of force review was conducted, along with an investigation by the Seattle Police Department's Office of Professional Accountability.

    "Clearly if the officer had made stuff up he would have been in hot water," Sgt. Sean Whitcomb of the Seattle Police Department told ABCNews.com.

    Lawson and Richardson said the dash cam did not record crucial moments of the arrest that they said left them with facial bruises and swelling. They claimed they were manhandled and kicked in the face by Richardson, while the officer maintained that he only kicked Lawson in the chest to make him comply with an order to get on the ground.

    "I don't know who was recording what," Whitcomb told ABCNews.com. "Officers should record, [but] it's not a violation not to."

    Lawson and Franklin, who are African-American, were arrested after a 911 call came in from a few blocks away alleging a man had been the victim of an assult and robbery. The two suspects were described as black males in their late twenties, tall, skinny and wearing jeans.

    Franklin is 5-foot-9. Lawson, who is six feet tall. Instead of jeans, he was wearing white sweat pants.

    "The only thing they had to fit the description was black males," said the pair's attorney, Lizanne Padula. "This was like a meteor dropping down on them."

    When they found out why they were being arrested, the two men became alarmed.

    "It felt like no one was going to believe us," Franklin told ABCNews.com. "We were just going to be another statistic."

    Richardson's written report described a different situation. The officer wrote in the police report that the men continued to approach his car even after he yelled at them to stop.

    "The male wearing the hoodie continued to keep his hands in his hoodie pockets. With the strong possibility both of these males were the assault suspects and they were ignoring commands to stop, I again advised, 'Stop, Police, show me your hands and get on the ground.'"

    According to Richardson, the two men got closer, so he drew his weapon.

    Lawson said they complied with the officer's order.

    "I got on the ground. I sat with my hands up frozen because I had a gun pointed at me," Lawson said. "I had to come back into myself and understand there was a gun on me. I was in shock."

    Richardson said that Lawson stayed in a crouch position, not fully laying on the ground.

    "I used a flat foot, front push kick to the center of the male chest knocking him backwards and flat to the ground," he wrote.

    The robbery victim positively identified the two men, while a witness said she was uncertain. No charges were filed at the victims' request.

    The two men want changes in the Seattle Police Department. They have also filed a complaint for damages, possibly the first step in a lawsuit.

    "We're terrified of hanging out in our own city," Franklin said. "These officers have seen our faces. They know our names. We can't trust people."

    Also Read
     
    • Hellmut  •  Kansas City, Missouri  •  3 mths ago
      The officer shouldn't have control of the dashcam.
      • The Great Magnus 3 mths ago
        thumbs down was from a dunkin donut piggy
      • D. 3 mths ago
        Cop in Los Angeles just murdered another UN-armed man. Naturally, the cops union says that the cop used reasonable force. lol.
      • Gary 3 mths ago
        Here in Colorado they just removed the cameras from the few cars they were trying them in. The Chief of Police said "They don't work." I think that means they show things that conflict with the #$%$ their officers report.
    • Cori S  •  Azusa, California  •  3 mths ago
      With technology now, all police cars and officers should have mics and video. This would eliminate 100% of the issue of cops saying one thing, defendants saying other thing. Common sense would tell you that if the whole situation is caught on tape and recorded, then you have a better chance of conviction. Of course, people will disagree. I'd rather the whole thing be on tape, so there's no question to what happened.
      • Raven 3 mths ago
        I agree and I would like to add....that as a suspect if they had "joked" around and made a statement to the degree this officer did they would be prosecuted to the fullest extent of the law....This officer should be subject to the same laws as the rest of us....There is a time and a place to "joke" around...this was not the time or the place especially with the content of his joke.....
      • Shilo 3 mths ago
        No such thing as 100 percent with a crooked cop.
      • D. 3 mths ago
        TWO dumb as rock cops in New York last year were caught on their own camera scheming to frame a drunk driver for damage to their patrol car that the cops had done themselves. COPS ARE ANIMALS with toy badges.
    • Nemesis  •  3 mths ago
      What's a good reason to NOT use the dashcam? It's there for the protection of EVERYBODY, including the officer.
      • UStel 3 mths ago
        I have one in each car, turns on automatically has its own sim card and once recorded nobody can erase it because the server is probably somewhere in India or Sweden
      • Kat 3 mths ago
        why have a dashcam if the officer c an turn it off? if its there have it record EVERYTHING! you never know when an accident might happen in front of you and the tape will CLEARLY show the red car was at fault!
      • Robbie W 3 mths ago
        Totally agree. If the officer is following their protocol, it only helps their situation.
    • ranger rick  •  3 mths ago
      strange how dash cam's are turned off now and then but on for other part's of the arrest, i think it should remain on and then there would be no doubt, take away the control from the cop on the street with the cam, if he's on duty it's on period, this will help the police more then the criminals for sure!
      • Gman 3 mths ago
        Sure! I want to hear the cop in the bathroom taking a dump. How silly.
      • The Man 3 mths ago
        Gman, I have no problem calling you a #$%$ Only you would think he would take his stationary vehicle dash cam into a restroom. You fail...
      • Veev 3 mths ago
        Leave it on all the time. No off time even when off duty.
    • i-Truth  •  3 mths ago
      All police activities should be videotaped period.

      Your word against the cop's word never wins.
      • battousai 3 mths ago
        True that if the cop is so good they should have notheing to hide
      • iavswn 3 mths ago
        Why, because you know there are racist cops out there?
      • Jim 3 mths ago
        Someone call the wambulance.
    • Eryk  •  Springfield, Vermont  •  3 mths ago
      i think it's disturbing that the officer has control of the dashboard camera if he wants to be abusive he can turn it off and not get in trouble

      thats scary
    • Appreciative  •  3 mths ago
      Why give cops the option of turning the dash cam off or on? If the car is out of the police garage, the cam should be on and the officer shouldn't be able to turn it off. Police have lost so much respect in this country that taping them is the only way to get back the public trust.
    • Jon L  •  3 mths ago
      there is absolutely no reason a dashcam isn't running 24x7, with the ability to record at least one shift. if nothing happens on the shift, is auto resets. if there is an arrest, the dashcam should be downloaded and available period. its 2012 for pete's sake.
    • JobethB  •  Kingfisher, Oklahoma  •  3 mths ago
      Who protects us from the law?
    • r  •  Port Huron, Michigan  •  3 mths ago
      police should not have the option to turn off the cameras they should run all the time
    • David H  •  Washington, District of Columbia  •  3 mths ago
      I'm going to make this real simple, as in any profession there are good cops and bad cops. I refuse to ever let my guard down on an officer ever again. They do cover for each other, had 1st hand experience with blatant cover up. I'm white, grew up middle/upper class in a nice neighborhood and cops in question were white and black. 20 years ago, I fit the general profile of a suspect. A cop pulled beside me while driving, backed off and I was pulled over, dragged out of the car with not so much as a single word, thrown on the hood of the car and a gun cocked to my head. An eyewitness was immediately available and in 10 minutes when the witness came and said this is not the guy, both cops were whisked away and I never saw them again. Backup cops said I was free to go afterward and that's when I was told I fit a suspect. Think it doesn't happen in your area, think again.
    • Ken  •  Rock Hill, South Carolina  •  3 mths ago
      If the dash cams are there, and available, seems it would be policy to ALWAYS use them...if for nothing else than to protect taxpayers money in legal matters....like this. So why is it not? Cops protecting their own......"blue brotherhood".
    • jeff  •  Salem, Oregon  •  3 mths ago
      I can imagine a suspect accusing an officer of trumping up some charges, and a cop saying sarcastically, "yeah, right - I'm just gonna make stuff up" but the accusations and the lack of video is definitely suspect. Police departments should spend less time defending all cops and more time just trying to find out what really happened and weeding out the problem cops.
    • Church Mouse  •  3 mths ago
      I've seen police clearly and obviously lie in court before..... I hate to say it.... But I've seen it happen myself
    • ruperie  •  3 mths ago
      If he had nothing to hide--then the camera would have been on.
    • Brick Tamland  •  Jakarta, Indonesia  •  3 mths ago
      Who's watching the watcher of the watcher?!!?!?
    • Steve  •  3 mths ago
      I hold cops in pretty high regard but I also expect them to be accountable. I am all for requiring the police to record traffic stops, and I am all for citizen efforts to record police performing their duties in public - whether the police like it or not.

      Truth is, good cops have nothing to worry about being on tape.
    • Red  •  Michipicoten, Canada  •  3 mths ago
      As long as cops continue to investigate cops they will continue to get away with what ever they want.
    • Jason  •  Mt Pleasant, Iowa  •  3 mths ago
      Sure is funny when a cop can lie to a potential suspect....but if the suspect lies.....then it's giving false information to a police officer. Not saying it's all right in either case....but things should be fair for both sides. Anytime a cop turns off a camera.....something is automatically wrong and they are trying to conceal something.
    • Joel  •  Caledonia, Wisconsin  •  3 mths ago
      If they robbed a guy wouldn't they have had whatever they took on them?
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