Mental Health Association of Portland

From the Salem Statesman Journal, August 9, 2010

A police training review found a Portland officer’s actions were “inconsistent” with his training when he chased and knocked down a mentally ill man who then died in police custody in 2006, according to internal police documents obtained by The Oregonian.

The review found Officer Chris Humphreys never should have chased James P. Chasse or knocked him to the ground. It said there was no evidence Chasse committed a crime or was a danger to himself or others.

Chasse suffered broken ribs that punctured his lung and led to his death in September 2006.

The documents show Humphreys was never disciplined for those actions, the newspaper reported. The documents had been under court-ordered seal but were released last month after the city council approved a $1.6 million settlement to Chasse’s family.

The new documents for the first time show the bureau’s own Training Division determined Humphreys’ action that day weren’t in line with bureau procedures.

“Although the belief that Mr. Chasse had urinated in public may be reason enough to contact him on the street, initiating the foot pursuit and deploying the knock-down technique, based on the above information, is inconsistent with the Training Division’s Tactical Doctrine,” the training review said.

Tom Steenson, attorney for the Chasse family, said the training review would have been key to their case had it gone to trial.

“How that all got swept under the rug hasn’t been explained,” Steenson said.

Records show the officer’s supervisor dismissed much of the analysis by the Portland Police Bureau’s Training Division.

Then-Transit Division Cmdr. Donna Henderson defended her officers’ actions in her own review. She wrote that Humphreys reasonably believed a crime was committed, citing “indecent exposure,” and thought Chasse was either drunk or on drugs.

Her report “apparently trumped” the training analysis before a Use of Force Review Board evaluating the officer’s actions, city-hired consultants reported.

Humphreys told detectives he believed Chasse had urinated in public, possibly had an outstanding warrant for his arrest, possibly possessed illegal drugs, might have been armed, and ran from police with a look of “sheer terror.”

The Training Division review found those observations did not warrant a foot chase.

Lynnae Berg, then an assistant chief, partly disagreed with the Training Division. She found in her own review that there was probable cause to stop Chasse for urinating in public, but she found the use of the knockdown technique “to be inconsistent with training and out of policy.”

The Use of Force Review Board found the foot pursuit and knockdown of Chasse were within policy.

Humphreys, who is now on disability leave, did not appear before the Use of Force Review Board examining Chasse’s death. He submitted a statement saying he didn’t attend for “the health and welfare of my family.”
He called the case a tragic accident.

“We have all heard the rhetoric — ’a failed mental health system, failed medical response, failed police training.’ Whatever may be, please, I ask only that you look at this situation with an objective eye,” he wrote.

READ – Documents Show Chasse Cops Acted Improperly, Portland Mercury, August 8, 2010

Twenty-two new documents were released to the media on August 8, 2010 from discovery for Chasse v Humphreys et al, settled by the City of Portland for $1.6 million dollars on about July 28. More will be released soon.

The 22 documents are listed below. Each are non-searchable PDF documents.

Portland Police Training Division’s Review of James P. Chasse Jr.’s death in custody, no date

Police training material on Foot Pursuits at the time of Chasse’s death in September 2006, no date

Then-Transit Division Commander Donna Henderson’s analysis of Christopher Humphreys & Kyle Nice’s actions against James Chasse, August 28, 2008

Then-Assistant Chief Lynnae Berg’s recommendation of discipline for Christopher Humphreys, September 15, 2008

Officer Christopher Humphreys’ personal statement to the police Use of Force Review Board, no date

Officer Christopher Humphreys’ discipline letter, February 2, 2010

Sgt. Kyle Nice’s discipline letter, February 2, 2010

Depositions of civilians who witnessed police struggle with James P. Chasse Jr. and take him into custody on Sept. 17, 2006

Elizabeth Anderson – eyewitness
Jesse Barber – eyewitness
Barry Benard – eyewitness
Tony Carter – eyewitness
Constance Doolan – eyewitness
Melissa Gaylord – eyewitness
Mark Ginsberg – eyewitness
Erin Glanz – eyewitness
David Lillegaard – eyewitness
Diane Loghry – eyewitness
Jamie Marquez – eyewitness
Alireza Soltani – eyewitness
Randall Stuart – eyewitness
Mary Jean Wickemeier – eyewitness
Homer Williams – eyewitness

READ – New documents in the James P. Chasse Jr. case, The Oregonian, August 8, 2010
READ – Everything about James Chasse

Opinion editorial from The Oregonian, August 2, 2010

On a heavenly summer evening last week, Portlanders sat in the City Council chambers, trying to reconcile two realities, one bright and one dark — a police horror story and a stellar tale of a police agency’s transformation.

Both are supported by facts. Yet both are also hard to believe. Four years ago, three officers in the Police Bureau’s transit division — two from Portland and one from Multnomah County — chased a 42-year-old man, after glimpsing him, maybe, urinating in public.

They knocked him down and fell on him, kicked him, stunned him with a Taser and hobbled him, then carried him around by his armpits and slung him into a patrol car, despite his injuries. Their brutal takedown of James P. Chasse Jr. or their brutal way of carrying him — and likely the latter, one medical examiner concluded — punctured his lung.

Only two hours after police first encountered the mentally ill musician, he died in police custody en route to a hospital.

Not much about what happened Sept. 17, 2006, squares with the Portland Police Bureau’s current vision of itself. The bureau can tick off a long list of changes it has made, post-Chasse, from altering foot pursuits and medical transport policies to requiring 40 hours of crisis intervention training for 540 officers in the operations branch.

All of this places Portland ahead of many of its peers. The bureau has even gotten ahead of many of the 27 changes a consultant recommended, discussed Wednesday (after the council signed a $1.6 million out-of-court settlement in a lawsuit brought by Chasse’s family).

The consultant’s report highlighted the difficulties of demanding public accountability when other agencies are involved. Shockingly, for instance, Multnomah County refused to permit its deputy to be interviewed in a timely way, helping to drag out the internal affairs investigation into Chasse’s death for months, even years.

And yet, as the report notes, the Police Bureau could have protested this delay. The bureau should have complained to the mayor, council and public. That the bureau didn’t suggests it had its own reasons for preferring delay.

On a positive note, Chasse’s death sparked a new conversation in Portland about mental illness. It was helpful, productive and also, in many ways, a gigantic distraction. As the Mental Health Association’s Jason Renaud noted Wednesday, Chasse didn’t die because he was mentally ill. He wasn’t homeless, suicidal or bereft of services.

No, he died of broad-based blunt-force trauma to the chest. Police pursued him for no real reason. The transit division, an amalgamation of 14 police agencies, was apparently known at the time for rogue behavior and, in particular, for knocking people down.

Certainly, Portland Police Chief Mike Reese said impressive things last week about the profound effect Chasse’s death has had on the bureau. But it will be up to Reese now to follow through. As for the community’s outrage, we hope it doesn’t disappear too quickly. It ought to smolder.

It ought to spark skepticism, scrutiny and a constant demand that the bureau be the stellar agency it insists, circa 2010, it truly is — and wants to be.

From KATU.com, July 29 2010

From KBOO.org, July 29, 2010

On Wednesday, July 28th the City of Portland paid a settlement to the family of James Chasse Jr. in response to his in-custody death at the hands of the three Portland Police officers. The Office of Independent Review gave a report to the Portland City Council outline some issues and suggested changes.

LISTEN –

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From KATU.com, July 29, 2010

While the city’s settlement payment to the family of a man who died in police custody may bring an end to a wrongful-death lawsuit, some said Wednesday the case can’t be resolved with money.

Many people, including city commissioners, said they hope the lessons learned from the death of James Chasse Jr. will be a lesson on how to keep it from happening again.

In 2006 Portland police tackled and arrested Chasse for urinating in public. He appeared to suffer a seizure at the Multnomah County Jail. He died on the way to the hospital.

The coroner later said he died from blunt force trauma. Multnomah County and American Medical Response already settled with the family for about $1.5 million. Portland’s final check is a little more than three quarters of a million dollars.

For Marsha Meyers, who is involved in police reform across the country, the Chasse case should have been settled a long time ago.

“Almost four years is way too long,” she said before the City Council Wednesday morning. “It cost us a lot not only financially, but in respect for our peacekeepers.”

To the Rev. LeRoy Haines, the real payoff comes from admitting police could have done better and changing the way police are trained.

“It will be used to reform all aspects of the Portland Police Bureau and to bring justice and accountability for the citizens of Portland,” he said.

Chasse reportedly suffered from schizophrenia and city commissioners are demanding Portland police be made more aware of mental and emotional issues and more flexible with their response.

“If we mechanically and robotically respond to each incident by training protocol and don’t allow an incident to be modified by our experience and judgment, then more James Chasse cases will occur,” said City Commissioner Randy Leonard.

Portland’s new police chief, Mike Reese, said he has plans in place to make sure what happened to Chasse doesn’t happen again. He says he’s meeting with a number of city and county agencies to make sure everyone is aware of new and improved procedures as they come up.

Chasse’s family didn’t hold back their criticism of the case. In a statement they sent out Wednesday, the family said they’re relieved the case has been closed but a civil lawsuit seems to be the only form of justice in officer-involved deaths.

“We hope that what happened to James will help reform this system and to bring other, further policy changes. We know that many incremental changes have happened over the last few years, and we are grateful for those that relate to what happened to James but there is certainly much more that needs to be done.”

From KOIN.com, July 29, 2010

The Portland City Council unanimously approved the $1.6 million settlement today in the death of James Chasse Jr., a mentally ill man who died in police custody.

“The best way to honor the life and tragic death of Mr. Chasse going forward is to forthrightly acknowledge the fact that we have a crisis in mental health in our community,” said Commissioner Nick Fish.

Mayor Sam Adams—also the police commissioner—was not present for the ordinace vote but called in from home on the settlement that was decided in May.

Chasse died four years ago and Adams stressed via telephone that the subsequent police investigation “took way too long.”

“I’m not clear why the amount of force was used for a 42-year-old schizophrenic man that weighed 145 pounds that was needed to restrain Mr. Chasse,” said Commissioner Randy Leonard.

“This ordinance settles a law suit but it does not settle the matter,” said Fish.

Below is a statement issued today from the family of Chasse:

“We would like to thank all of those who have supported us and the memory of James over the last four years. Many people in the public have continued to express their concern and to help focus the discussion where it has belonged over the last few years. Thank you. We would also like to thank Tom Steenson, Tom Schneiger and the many good people at Steenson, Schumann, Tewksbury, Creighton & Rose for their tireless efforts in seeking justice for James.

This is the only statement we plan on making as a family at this time. We are looking forward, finally, to seeking some personal closure to a gaping, four year-old wound. It has been very difficult to continue dealing with what happened to James as a public matter, and we feel it is very important, finally, to seek some private peace.

It is our understanding that our lawyers may release some factual summaries at a later time, and anyone interested in that may refer to their statements for more detail. We expect their comments to detail many issues, including how some of the issues they discovered in the case tied directly into issues that the City had been repeatedly warned about by the City’s consultants (PARC) and others. They obviously know the facts much better than we do, and it only makes sense for them to detail those facts.

Deciding to settle James’s case against the City was not an easy decision for us. Our lawyers advised us against the City’s final offer. While they were certain that we would prevail and likely be awarded much more in monetary damages at trial, we felt there was little more for us to gain by proceeding through trial. It had become clear that the policy issues we feel are important (and sought to change in the lawsuit) would not be addressed in a trial or through settlement. The previously concealed facts will be made available to the public as part of the settlement. The trial promised to be at least three weeks long. We, James’s family, would have had to, once again, endure the retelling of his violent, painful, and needless death, witnessing dozens of gruesome autopsy photos of James, listening to days of testimony about how and why his bones broke, and enduring false and offensive attacks on James and the mentally ill. As the City has said that it would have been difficult for the City to go through the trial, it would have been a cruel ending to the four years of tormented mourning we’ve experienced over James’s horrible death. Then, even if there had been some cathartic effect of getting the facts out through trial, there could be no real assurance that those facts would be accurately or consistently received by the public. Many of the early, erroneous reports about James (e.g., that he was “homeless,” “urinating,” “violent,” etc.) are still often repeated as truth, even though those errors have been repeatedly corrected by widely available facts. Our lawyers’ research left little doubt that we would prevail at trial, but the pain of proceeding seemed too great for how little there would be to gain. We feel that we have done all that we can through this system.

We are relieved that the case has settled, but it is a very rough form of justice: the truth is that a civil suit seems to be the only form of justice that our local system will allow when police are involved in a killing.

Clearly, the local criminal justice system and the Police Bureau’s internal disciplinary groups, both working hand-in-hand daily with the police themselves, are not currently capable of pursuing the public’s interests with these issues. If our local emergency workers wish to be seen as heroes, it seems they should be held to a higher standard, not to a secret, self-run, and different standard. There is no avenue for real accountability or real justice in the current system, which can obviously lead to abuses of power by those who have the power of life and death over us. We hope that what happened to James will help to reform this system and to bring other, further policy changes. We know that many incremental changes have happened over the last few years, and we are grateful for those that relate to what happened to James, but there is certainly much more that needs to be done.

Finally, those who knew James knew that he was a painfully shy person, more interested in books and comic books about royalty and superheroes than in talking. When he did talk, he often spoke quietly about noble ideals, such as peace, truth, and justice. While those discussions sometimes seemed other-worldly, we now see that his feelings have helped us to find a greater meaning to his life. James was violently and very publicly removed from our lives on September 17, 2006. The lasting tribute of his life demanded that truth and justice come from what happened to him. He has, in the end, brought desperately needed attention to long-ignored and very serious problems. In the process, this shy and gentle soul, born and so firmly grounded in Portland, has become a hero greater than many to whom we usually look as heroes.

We are hopeful that others will join us in remembering James, and will continue to work toward reforms that will ensure that nothing like what happened to him will happen again. These have been very difficult times for us, but we are hopeful that we will finally be able to come to some peace. Thank you again to the many that have supported us and James.

James, may you rest in peace. We love you and we miss you.

From The Oregonian, July 28, 2010

The newly-elected Portland police union president released a statement this afternoon, citing his association’s support for the officers involved in the death-in-custody case of James P. Chasse Jr.

“The officers and supervisors who responded to the incident followed their Portland Police Bureau training according to the policies and procedures at that time. Since then, Bureau policies have changed, attempting to adapt to law enforcement’s changing role in society,” wrote Officer Daryl Turner, president of the Portland Police Association. “The PPA will continue to support Officers Chris Humphreys and Bret Burton, and Sergeant Kyle Nice. We will work to vindicate their names, careers and integrity.”

The statement was released a day after the City Council voted 4 to 0 to pay $1.6 million to settle the Chasse family’s federal wrongful death lawsuit against the city.

The union’s full statement is below:

“Since 2006, the Portland Police Association has seen the death of James Chasse as a tragic accident. His family was devastated and the lives of the officers involved have been changed forever.

We look forward to participating with the community and the City to find innovative and appropriate solutions to better protect and care for our mentally ill citizens.”

READ – Solutions to Chasse tragedy lie outside law enforcement, Portland Police Association press release, July 29, 2010

From KGW.com, July 28, 2010

The Portland City Council made final approval Wednesday of a $1.6 million settlement with the family of James Chasse Jr., who died in police custody in 2006.

Chasse died September 17th of that year after he was tackled by police officers who chased him for allegedly urinating in public. He was also shot with a stun gun.

In addition to the financial settlement, the city will be releasing reports on the case which had not been made public. Chasse family attorney Tom Steenson said release of those reports will go through a brief legal process and should be ready for viewing in mid-August.

The Chasse family issued a statement through Steenson. It reads in part:

READ THE FULL STATEMENT

“We are looking forward, finally, to seeking some personal closure to a gaping, four year-old wound. It has been very difficult to continue dealing with what happened to James as a public matter, and we feel it is very important, finally, to seek some private peace.

The truth is that a civil suit seems to be the only form of justice that our local system will allow when police are involved in a killing. Clearly, the local criminal justice system and the Police Bureau’s internal disciplinary groups, both working hand-in-hand daily with the police themselves, are not currently capable of pursuing the public’s interests with these issues.”

Officers took him first to the Multnomah County jail but a nurse told them Chasse could not be booked in his condition. He died on the way to the hospital.

An autopsy revealed that Chasse suffered 26 rib fractures and a punctured lung. The autopsy concluded the death was caused by blunt force trauma to the chest.

Of the $1.6 million, about $766,000 will be paid immediately by the city and about $276,000 by the city’s insurance company. The balance will be paid out by the insurance company in monthly payments over the next five to seven years to attorneys for the Chasse family.

The family had already settled for $925,000 with Multnomah County for a sheriff’s deputy involved in the death, and a reported $600,000 with an ambulance company.

From The Oregonian, July 29, 2010

Outside consultants shared with the Portland City Council Wednesday night the gaps and unasked questions in the police investigation of James P. Chasse Jr.’s death in custody, hours after the council approved a settlement of $1.6 million, the city’s largest, in a federal suit.

Police Chief Mike Reese apologized for Chasse’s death and said officers must do their jobs in a “more thoughtful and collaborative manner” with outside agencies. He called the three-year delay in the Police Bureau’s internal review “completely unacceptable.”

“We cannot change the outcome of what happened Sept. 17, 2006,” Reese said. “I’m very sorry for this tragic event and for the suffering that it caused.”

The chief said he agreed with the majority of the 27 recommendations offered by the California-based OIR Group and hoped they would help mend the rift between the bureau and the community.

Auditor LaVonne Griffin-Valade ordered that report. It recommended a range of reforms, among them requiring police to conduct face-to-face interviews with civilian witnesses and sending internal affairs investigators out to a scene immediately.

But the attorney who brought the wrongful-death lawsuit against the city for Chasse’s family said the consultants’ report got facts wrong and overlooked the bureau’s systemic failure to hold its officers and supervisors accountable.

Attorney Tom Steenson said the facts of the case were that officers who were involved in Chasse’s death changed their accounts of what occurred during the inquiry. They were not upfront with medical personnel about their use of force, they falsely suggested bread crumbs that Chasse dropped were cocaine when he had no drugs on him, and they lied to witnesses about Chasse’s past.

“There has been a consistent and repeated effort, conscious or otherwise, resulting in a failure to discipline officers,” Steenson said. “As a result, I believe they can act in impunity in the use of excessive force and can lie about it and attempt to cover it up.”

Other community members agreed, saying they were disappointed there’s been no serious accountability for the three officers who confronted Chasse. Officer Chris Humphreys and Sgt. Kyle Nice received two-week unpaid suspensions. Bret Burton, a Multnomah County sheriff’s deputy at the time, was not disciplined and has since been hired by Portland police.

Community members also disputed police suggestions that Chasse’s death marked a failure of the mental health system.

“In almost four years of review, no police officers were held accountable. No indictment, no crime, no personal accountability … ,” said Jason Renaud, a volunteer with the Mental Health Association of Portland who knew Chasse.

“Until you have the powers to act publicly and decisively in response to a critical incident, you cannot give assurance what happened to James Chasse will not happen again,” Renaud said. “What happened to James Chasse was not a failure of the system, of the institution, of the city. It was an unforgivable failure of three individual officers.”

Earlier Wednesday, city commissioners approved the $1.6 million settlement to Chasse’s family by a 4-0 vote. The agreement had been announced in May. Commissioner Dan Saltzman was not present. Mayor Sam Adams, ill at home with strep throat, voted by phone; he also participated by phone in Wednesday evening’s session.

On Sept. 17, 2006, police thought Chasse, 42, who had schizophrenia, might have urinated in the street in the Pearl District and tried to stop him. They chased him and knocked him to the ground, then wrestled with him to arrest him.

Multnomah County jail staff refused to book him because of his medical condition. He died in police custody en route to a hospital.

An autopsy found he died of broad-based blunt-force trauma to the chest. He suffered 26 breaks to 16 ribs, some of which punctured his left lung.

The consultants said the three-year pace of the internal investigation was a “letdown” to the community. They found Multnomah County refused to allow its employees to be interviewed by internal affairs investigators until after they were deposed in the civil suit. Also, AMR ambulance staff refused to speak to homicide detectives until they faced grand jury subpoenas.

The report indicated that command staff steered internal affairs investigators away from looking into allegations that officers at the scene misinformed a witness by falsely claiming Chasse had 14 drug convictions. Also, the inquiry never delved into the apparent lack of supervision of the officers by then-Transit Cmdr. Donna Henderson.

Derald Walker, chief executive officer of Cascadia Behavioral Healthcare, stunned observers when he told the council that Henderson is now on the agency’s board of directors.

“I’m sort of surprised the commander of Transit (then) is now on the board of Cascadia. There’s some irony there,” said Dan Handelman of Portland Copwatch.

Consultants also found investigators failed to question why officers carried Chasse in maximum restraints to a car, which exacerbated his injuries, and kept him there while they did paperwork across the street from jail before booking him.

Chasse’s family released a statement Wednesday, saying their decision to settle the case was not easy. However, they felt there was little to gain by going to trial, even though their lawyers advised them against the city’s final offer.

“We are relieved that the case has settled, but it is a very rough form of justice: the truth is that a civil suit seems to be the only form of justice that our local system will allow when police are involved in a killing,” their statement said.

They ended their statement with a tribute to Chasse, a “painfully shy” man who preferred comic books about superheroes over talking.

“James, may you rest in peace. We love you and miss you.”

From EnzymePDX, July 28th, 2010

The Portland City Council voted 4-0 early Wednesday to approve a $1.6 million settlement in the wrongful death civil suit filed by the estate of a mentally ill man who died while in police custody in 2006 after being arrested in the Pearl District.

The suit in the death of James Chasse Jr., 42, was negotiated in May. Approval of the settlement, the largest in the city’s history, came just hours before a 6 p.m. City Council meeting at which commissioners heard a report from City Auditor LaVonne Griffin-Valade about the Chasse case.

The auditor’s report, prepared by a California consulting group, found serious flaws in police procedures during Chasse’s arrest and during an internal investigation in the three year after the his death.

The auditor’s report is unusual in that it was prepared by the Los Angeles County Office of Internal Review. The OIR is composed of lawyers who ensure that allegations of misconduct against the Los Angeles County Sheriff’s Department are thoroughly investigated. The OIR has examined investigations of five police-involved shootings and in-custody deaths since 2002.

Asked if [Tom] Steenson’s assessment of PPB was accurate, Police Chief Mike Reese replied: “I can’t say. I don’t think so.”

OIR chief attorney Michael Gennaco was asked if cases in which people died in police custody have led to the disciplining of police. “Most cities don’t even investigate these things,” he said. “Many cities have a school of thought that you cannot second-guess the judgment of an officer at moments like this. Portland is a place that doesn’t have that school of thought. It’s remarkable that they don’t.”

[Dan] Saltzman, who was police commissioner during much of the Chasse aftermath, was unavailable for comment Wednesday afternoon, but Shannon Callahan, Saltzman’s police adviser during his tenure as police commissioner said, “We basically got handed the case after Mayor Tom Potter left.”

During that period Saltzman’s office got a good look at how the bureau and the city conducted the investigation. They didn’t like what they saw. Saltzman pushed for harsher punishment for Officers Kyle Nice and Christopher Humphreys and to get systematic changes in place to improve communications between police and EMS workers, but much of the process was frustrated by a gag order placed on the investigation.

“The city attorney placed a blanket gag order over the entire case,” said Callahan. “It was an untenable situation not being able to talk about the case at all. There was disinformation and bad information and information that the public still hasn’t seen. Dan was fighting for transparency the whole time he had the commission.”

[Sam] Adams pulled the police bureau from Saltzman in May, the day after the Chasse settlement was agreed on.

READ – Report to the City of Portland Concerning the In-Custody Death of James Chasse

Statement by the Family of James P. Chasse, Jr. – July 28, 2010

We would like to thank all of those who have supported us and the memory of James over the last four years. Many people in the public have continued to express their concern and to help focus the discussion where it has belonged over the last few years. Thank you. We would also like to thank Tom Steenson, Tom Schneiger and the many good people at Steenson, Schumann, Tewksbury, Creighton & Rose for their tireless efforts in seeking justice for James.

This is the only statement we plan on making as a family at this time. We are looking forward, finally, to seeking some personal closure to a gaping, four year-old wound. It has been very difficult to continue dealing with what happened to James as a public matter, and we feel it is very important, finally, to seek some private peace.

It is our understanding that our lawyers may release some factual summaries at a later time, and anyone interested in that may refer to their statements for more detail. We expect their comments to detail many issues, including how some of the issues they discovered in the case tied directly into issues that the City had been repeatedly warned about by the City’s consultants (PARC) and others. They obviously know the facts much better than we do, and it only makes sense for them to detail those facts.

Deciding to settle James’s case against the City was not an easy decision for us. Our lawyers advised us against the City’s final offer. While they were certain that we would prevail and likely be awarded much more in monetary damages at trial, we felt there was little more for us to gain by proceeding through trial. It had become clear that the policy issues we feel are important (and sought to change in the lawsuit) would not be addressed in a trial or through settlement. The previously concealed facts will be made available to the public as part of the settlement. The trial promised to be at least three weeks long. We, James’s family, would have had to, once again, endure the retelling of his violent, painful, and needless death, witnessing dozens of gruesome autopsy photos of James, listening to days of testimony about how and why his bones broke, and enduring false and offensive attacks on James and the mentally ill. As the City has said that it would have been difficult for the City to go through the trial, it would have been a cruel ending to the four years of tormented mourning we’ve experienced over James’s horrible death. Then, even if there had been some cathartic effect of getting the facts out through trial, there could be no real assurance that those facts would be accurately or consistently received by the public. Many of the early, erroneous reports about James (e.g., that he was “homeless,” “urinating,” “violent,” etc.) are still often repeated as truth, even though those errors have been repeatedly corrected by widely available facts.

Our lawyers’ research left little doubt that we would prevail at trial, but the pain of proceeding seemed too great for how little there would be to gain. We feel that we have done all that we can through this system.

We are relieved that the case has settled, but it is a very rough form of justice: the truth is that a civil suit seems to be the only form of justice that our local system will allow when police are involved in a killing.

Clearly, the local criminal justice system and the Police Bureau’s internal disciplinary groups, both working hand-in-hand daily with the police themselves, are not currently capable of pursuing the public’s interests with these issues. If our local emergency workers wish to be seen as heroes, it seems they should be held to a higher standard, not to a secret, self-run, and different standard. There is no avenue for real accountability or real justice in the current system, which can obviously lead to abuses of power by those who have the power of life and death over us. We hope that what happened to James will help to reform this system and to bring other, further policy changes. We know that many incremental changes have happened over the last few years, and we are grateful for those that relate to what happened to James, but there is certainly much more that needs to be done.

Finally, those who knew James knew that he was a painfully shy person, more interested in books and comic books about royalty and superheroes than in talking. When he did talk, he often spoke quietly about noble ideals, such as peace, truth, and justice. While those discussions sometimes seemed other-worldly, we now see that his feelings have helped us to find a greater meaning to his life. James was violently and very publicly removed from our lives on September 17, 2006. The lasting tribute of his life demanded that truth and justice come from what happened to him. He has, in the end, brought desperately needed attention to long-ignored and very serious problems. In the process, this shy and gentle soul, born and so firmly grounded in Portland, has become a hero greater than many to whom we usually look as heroes.

We are hopeful that others will join us in remembering James, and will continue to work toward reforms that will ensure that nothing like what happened to him will happen again. These have been very difficult times for us, but we are hopeful that we will finally be able to come to some peace. Thank you again to the many that have supported us and James.

James, may you rest in peace. We love you and we miss you.

READ – Statement by the Family of James P. Chasse, Jr. (original PDF)

Testimony presented to the Portland City Council, July 28 in response to the OIR Report to the City
of Portland Concerning the In-Custody Death of James Chasse

From the Mental Health Association of Portland – www.mentalhealthportland.org

+++

In general, the Mental Health Association of Portland supports and appreciates this report on what happened to James Chasse. It’s what we expect from a diligent police commissioner in response to a critical incident.

The OIR report has a tiny, potent argument, designed to defuse criticism surrounding the brutal death of James Chasse.

The argument is this, “it must be recognized that the Portland Police Bureau of 2010 is not the Portland Police Bureau of 2006.”

Nice rhetoric, perhaps meant to illuminate the wound to bureaucracy, but entirely superficial to the interest of justice. The interest of justice remains fixed on September 16, 2006.

In review, police officers were not held accountable. No indictment, no crime, no personal accountability. The mayor, the police commissioner, the police chief were irrelevant, without powers, without the ability to act.

Almost four years and no one has been held accountable for the brutal death of James Chasse. No human being. No person. No person who was directly responsible for his death. No person who tackled him, kicked him, punched him, Tasered him. No person named Kyle Nice. No person named Bret Burton. No person named Christopher Humphreys.

No persons.

Until you have the powers to act publicly and decisively in response to a critical incident – you cannot give assurance what happened to James Chasse will not happen again.

Understand this – James Chasse had a mental illness. That’s why our organization has followed this case for over three years. But Jim did not die from his mental illness. It played no part in his death. To blame him, to blame his illness, to blame the mental health system for his death is intentionally misleading.

What happened to James Chasse was not a failure of the system, of the institution, of the city. It was an unforgivable failure of three individual officers. You’ve tried to shoulder some of this burden, because of a police contract, concern over a civil lawsuit, because of your personal uneasiness with authority, because of the antagonistic relationship between the police and civilian oversight. But it’s not a burden to be shouldered – it’s a stain.

What Humphreys, Burton and Nice did is unforgivable. They will never be trusted as police officers. Their colleagues who work with them are all stained. When you speak to their right to privacy, to a career, when you represent them legally, you are stained.

The task of a politician is to give a human voice to law, to policy and procedure, to speak to the community about the actions of the city. You and your predecessors were ill-advised to be silent. That duration of silence eroded trust and confidence. That seems to be changing – and accepting the recommendations of the Report to the City of Portland Concerning the In-Custody Death of James Chasse is really your first step forward.

The Portland Tribune, July 27, 2010

The City Council approved the largest settlement in a police-related case in Portland history on Wednesday.

The council voted 4-0 to authorize a $1.6 million settlement with the family of James Chasse Jr., the schizophrenic man who died after being injured while he was arrested on Sept. 17, 2006. Commissioner Dan Saltzman was home sick.

Explaining his vote, Adams apologized to the Chasse family for the death and the delay in resolving the case.

“This settlement was years in the making,” Adams said. “It took way too long.”

Chasse died while being transported to a hospital after the Multnomah County Justice Center Jail refused to book him because of his medical condition. The medical examiner concluded that Chasse died as a result of multiple internal injuries, including fractured ribs that punctured one lung.

A Multnomah County grand jury declined to charge anyone involved in the arrest with a crime. A Portland police sergeant and an officer were subsequently suspended for not ensuring that Chasse received proper medical attention. The police union is appealing the suspensions.

The Chasse family filed a wrongful death lawsuit in federal court against the city, Multnomah County and medical personal that responded to the arrest scene in Northwest Portland.

Although the county and ambulance company settled with the family more than a year ago, the city continued fighting the lawsuit until mid-April, when U.S. District Judge Ann Aiken mediated an agreement with the family.

An independent review of the incident commissioned by the city auditor’s office faulted the police bureau on several aspects of its criminal and internal affairs investigations into the incident, including the amount of time it took to conclude them.

The report, by the OIR Group, was scheduled to be presented to the council Wednesday evening. It recommends several policy and procedural changes for future deadly force and in-custody death changes, most of which Police Chief Mike Reese has endorsed.

From KGW.com, July 23, 2010

photo by Jamie Marquez

City Council will hear public testimony on the OIR report on the Portland Police Bureau’s investigation about the death of James Chasse at 6 PM on July 28 in Council Chambers.

An outside consultants report had some sharp criticisms for the way in which Portland police investigated the 2006 death of James Chasse Jr.

The outside report was requested by City Auditor LaVonne Griffin-Valade and prepared by the OIR Group. She released the report Friday.

READ – Report to the City of Portland Concerning the In-Custody Death of James Chasse (PDF)

James Chasse died while in police custody after an encounter with police in Old Town on September 17, 2006. Officers said Chasse appeared to be urinating outdoors and when he tried to get away they tackled him.

Medics were called to the scene and Chasse showed normal vital signs, then officers took him to the Multnomah County Detention Center according to officers.

According to the autopsy report, a nurse at the jail advised officers to take Chasse to the hospital.

Police said he died as they were transporting him there, according to the report. The autopsy revealed that Chasse suffered 26 rib fractures and a punctured lung. The autopsy concluded the death was caused by blunt force trauma to the chest.

“The Internal Affairs Division interviews were thorough and fair,” a report summary said, “but the investigation suffered significant delays because of the length of time Homicide took to complete its investigative book and forward to IAD, staffing shortages at IAD, and Multnomah County’s decision to not let its employees be interviewed by investigators until after they had been deposed in the civil case.”

The report’s criticisms include:

– Internal Affairs investigators did not pay enough attention to jail videotape.

– There was a lack of attention of bureau employees at the scene, which included allegations of inaccurate information about Chasse given to a civilian.

– Failure to interview all of the officers who restrained Chasse and carried him.

– Failure to follow up sufficiently on the delay in taking Chasse to jail while involved officers completed paperwork.

– Failure to try and question jail employees about statements made by the involved officers.

The report did have some praise for the bureau.

“First, it must be recognized that the Portland Police Bureau of 2010 is not the Portland Police Bureau of 2006,” the report said. “As we discuss more fully in our Report, critical systemic reform, much arising out of this incident, has improved the investigative processes, policies, training, and review that we critique.”

“Second, unlike most comparable police agencies, PPB has a long regarded tradition of opening up its vault of articles and personnel to exacting outside review.”

The report said the Portland Police Bureau was “head and shoulders” above other police agencies in opening itself up to outside review, learning from what happened and then implementing suggested changes.

The consultant’s had what it called “key recommendations” for how the Chasse investigation was handled:

– Take the necessary steps to interview involved officers contemporaneously with the incident.

– Conduct face-to-face interviews with civilian witnesses soon after the incident.

– Address the need to have private ambulance personnel cooperate with the in-custody death investigation.

– Document the transport of officers from the scene;

– Add Internal Affairs personnel to the roster of those expected to respond to the scene of the incident.

READ – Chasse review released, Portland Tribune, July 23, 2010
READ – Outside consultants find gaps in Portland police review of James P. Chasse Jr.’s death in custody, the Oregonian, July 23, 2010
READ – Auditor Releases Chasse Report (Updated With Comment From Mayor Sam Adams), Willamette Week, July 23, 2010
READ – City Releases Outside Audit of Chasse Case, Portland Mercury, July 23, 2010
READ – Press release from the Auditor’s office about the release of the OIR report on James Chasse