Acquitted cop sues after prosecutor puts him on a list of officers unable to testify in court because of ‘credibility’

In 2015, officer Charles Lynem was involved in two separate cases that brought charges against him. Fox2 reported that the charges included the false report of a felony, failure to uphold the law as a public official, embezzlement, larceny, and embezzlement as a public official over $50.

As is stated in Lynem’s lawsuit, he was found not guilty in both cases by a jury, and retained his job as a police officer for the city of Detroit. 

Last summer, Worthy released the Giglio-Brady list, which includes current and former police officers who she said are unable to testify in court because of previous crimes that may damage their credibility. These offenses include theft, dishonesty, fraud, false statement, bias, and bribery, Fox2 reported.

There are currently 35 officers on this list, and officer Lynem is one of them.

Worthy’s office claims that officials contacted police agencies in order to compile lists of both current and past officers who committed offenses that could bring their credibility into question when testifying in court. 

In order to justify this list, Worthy’s office used the ruling in Giglio vs. The United States (1972), where a court precedent was established in regards to disclosing the credibility of a state’s witness. 

In Giglio vs. The United States:

“Petitioner filed a motion for a new trial on the basis of newly discovered evidence contending that the Government failed to disclose an alleged promise of leniency made to its key witness in return for his testimony.” 

There are some key issues with this list however. In Lynem’s lawsuit, he claims the list does not state whether an individual was actually convicted or acquitted of the charges that were brought against them. Thus, the list automatically incriminates these individuals who otherwise might be innocent as per the court of law. 

Lynem also alleges that the statement made by Worthy’s office that the officers on the list “committed offenses that involve theft, dishonesty, fraud, false statement, bias, and bribery,” is not accurate in his case because he was acquitted of all charges.

The lawsuit claims:

“Worthy was acting outside the scope of her executive authority where she published Giglio-Brady lists including Plaintiff’s name along with the false statements recited herein to the public through press releases and public statements,” 

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Striking back: The city of Detroit is suing Black Lives Matter protesters for “civil conspiracy” in riots

December 23, 2020

DETROIT, MI- Apparently, some cities have had enough of the Black Lives Matter act. The Washington Examiner reports that the city of Detroit is suing Black Lives Matter protesters in response to a group of organizers suing the city.

 

Under the suit filed by the city, they are claiming that those who engaged in protests over this past summer were not acting as a grassroots movement but rather were part of a “civil conspiracy” whereby they attempted to “disturb the peace, engage in disorderly conduct, incite riots, destroy public property, and also resist police orders, in addition to other “illegal acts.”

The lawsuit was filed in September in response to the activists filing their own suit, which alleged that police officers from the Detroit Police Department “repeatedly responded with violence,” according to the Intercept.

In the city’s suit, they accused the protesters of “defaming city police officers,” although defamation is not specifically mentioned in the city’s suit. Fox News said that the city also claimed that activists had participated in the conspiracy, “defamed” the mayor and police and contends that the city should be awarded damages.

In particular, the city of Detroit is alleging that during four protests that occurred in the city earlier this year, injuries to police officers included “cracked vertebrae, lacerations, and concussions,” the report said.

The city believes that due to the repeated violence perpetrated by Black Lives Matter protesters, it should quash claims made by the protest group “Detroit Will Breathe” that the demonstrations were protected under the First Amendment.

In their suit, Detroit Will Breathe alleged that police officers had “repeatedly responded with violence” whenever demonstrators protested.

The lawsuit filed by the city has gotten the attention of self-professed “squad” member, far-left radical congresswoman Rashida Tlaib (D-MI). In a November op-ed published in the Detroit Free Press, Tlaib called the lawsuit filed by Detroit “an unthinkable assault on our constitutional rights.”

After protesters filed their lawsuit, a federal judge on Sept. 4 ordered the police department to stop using batons, shields, rubber bullets and other anti-riot tools and tactics against crowds.

The phenomenal chief of the Detroit PD, James Craig at the time defended his officers, saying police had not used force against any protesters who were indeed remaining peaceful.

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“If someone is resisting arrest, or trying to attack our officers, we will use force that’s both reasonable and necessary to overcome the resistance,” Craig told the Detroit News at the time.

“We don’t want the protesters injured, and we don’t want officers injured, either.”

The Intercept noted that in response to the city’s lawsuit, the radical BLM group in Detroit has reached out to national legal groups and are also appealing to city council members to cut off funding for the city’s lawsuit.

The city’s lawsuit claims that multiple times during the protests, demonstrators were “destroying and defacing public property,” however only provided two examples, one a broken police car window and the other a spray-painted statue.

In response to the suit, Chief Craig, who is named in the suit, referred to the demonstrators as “criminals” and “misguided radicals,” who were there to “incite violence.”

He also accused the protesters of being “coordinated, planned and financed by a Marxist ideology,” and said they were “trying to undermine our government as we know it,” in an interview with Fox & Friends this past September.

The lawsuit filed against the city alleged in one case that a protester was shot in the chest with a rubber bullet, which she claimed pierced her skin. She alleges that it happened after she had been allegedly tear-gassed and beaten with a riot shield, she claimed without provocation.

As a result of the incident, she claims she was subject to panic attacks after the alleged incident, while another female protester claimed she experienced migraines as a result of the incident.

She claimed she was pushed to the pavement and trampled, saying she suffered a head injury. Others claimed injuries including a fractured pelvis, a broken rib and a collapsed lung.

One of the organizers with Detroit Will Breathe claims the lawsuit filed by the city is an attempt to silence the group, saying they want to do it in the courts instead of on the streets.

On the other hand, Chief Craig has the support of Detroit mayor Mike Duggan, who is actually a Democrat. Duggan has referred to Craig’s handling of the protests as “beautiful” and “outstanding.”

In fact, Duggan told WDIV in Detroit that, “Chief Craig has the kind of job approval ratings politicians only wish for. I think he is doing an outstanding job and we haven’t seen any looting or fires every other major city has seen.”

PJ Media noted that the countersuit filed by the city cites videos promoted by Detroit Will Breath produced by Black Lives matter, in which they “show speakers encouraging violence or endorsing violence against police officers, promoting the destruction and defacing of property, and disrupting the lives of Detroit residents.”

The countersuit will bring to the forefront the monetary costs of the violent riots that took place across the country this summer and fall after the May death of George Floyd in Minneapolis police custody.

Ironically, the riots have primarily victimized the minority community in cities from Los Angeles to Chicago to New York. PJ Media noted that of the 26 Americans who have died in riots since May, a majority of them have been black.

The protests have also highlighted the First Amendment and the point at which that amendment’s guarantee of “peaceful assembly” denigrates into violence and how far that protection needs to be extended.

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Author: K. Winters

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