Mental Health Association of Portland

Oregon's independent and impartial mental health advocate

Chasse Files: Depositions of eyewitnesses in CHASSE v HUMPHREYS

Posted by admin2 on 2nd July 2009

You can now download and read new and important documents from CHASSE v HUMPHREYS, released to the public July 2 2009. These documents are posted here as an independent, impartial and permanent public service.

The attached 76 page document includes

    Page 1-10, Transcript of video deposition of eyewitness Mark J Ginsberg, taken on behalf of the defendants (portion), July 31 2008
    Page 11-18, Transcript of video deposition of eyewitness Erin Glanz, taken on behalf of the defendants (portion), July 16 2008
    Page 10-29, Transcript of video deposition of eyewitness David E Lillegaard, taken on behalf of the defendants (portion), July 17 2008
    Page 30-47, Transcript of video deposition of eyewitness Diane Loghry, taken on behalf of the defendants (portion), July 28 2008
    Page 51-76, Transcript of video deposition of eyewitness Jamie Mica Marquez, taken on behalf of the defendants (portion), August 7 2008

DOWNLOAD (PDF 2.3 MB)

This document was provided by the plaintiff’s attorneys in CHASSE v HUMPHREYS.

We’ll gladly post additional documents from the defense, or evidence which contradicts the documents linked here.

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Chasse Files: Medical accounts for CHASSE v HUMPHREYS

Posted by admin2 on 2nd July 2009

You can now download and read new and important documents from CHASSE v HUMPHREYS, released to the public July 2 2009. These documents are posted here as an independent, impartial and permanent public service.

The attached 44 page document includes

    Page 1-9, Transcript of video deposition of Deputy Philip A Hubert III, taken on behalf of the plaintiffs (portion), January 24 2008
    Page 10, Toxicology report for James P Chasse, September 20 2006
    Page 11-12, Information Report by Patricia Gayman, RN, refusing to admit Chasse to jail, September 17 2006
    Page 13-25, Autopsy report for James P Chasse by Karen Gunson, State Medical Examiner, September 18. 2006
    Page 36-40, Transcript of video deposition of State Medical Examiner Karen Gunson, taken on behalf of the plaintiffs (portions), July 2 2008
    Page 41-43, post-mortum pictures of James P Chasse.
    Page 44, photograph of the scene of the beating, 12th and NW Everett, by Jamie Marquez

DOWNLOAD (PDF 2.3 MB)

This document was provided by the plaintiff’s attorneys in CHASSE v HUMPHREYS.

We’ll gladly post additional documents from the defense, or evidence which contradicts the documents linked here.

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Police Say Cop “Accidentally Fell” on Chasse; Witness Statements Say Otherwise

Posted by admin2 on 26th November 2006


From the Portland Mercury, November 26, 2006

The official police investigative reports into the in-custody death of James Philip Chasse Jr. on September 17 appear to have ignored—or at least heavily re-interpreted—the direct testimony of several independent witnesses.

The police investigation found that Chasse was killed because Officer Christopher Humphreys “accidentally fell” on him, as Sergeant Kyle Nice and Sheriff Deputy Brett Burton ran to catch up. But several witnesses—in separate transcripts of their statements released on November 9, alongside the cops’ official investigation—said the cops “leapt” on or “tackled” Chasse. (The Multnomah County Grand Jury, on October 17, did not find the officers criminally liable for his death.)

The collected documents, which weighed several pounds, were not made available in electronic form, and were only being given out in bundles last week to media that had requested them weeks in advance. The cops defended the eight-week delay between Chasse’s death and the release of the documents, saying they wanted to be fair in releasing the investigation to all media simultaneously. They also said it took a while to ensure all medical information was expunged, as required under federal law.

The witness statements paint a vivid picture of what happened on September 17.

“As soon as the guy was down, he basically leapt, leaped on him,” said witness Justin Soltani of one of the officers, in a phone interview with detectives on September 24. But Detective Jon Rhodes‘ separate investigative report said, “Soltani believed the officer fell on the subject he was chasing, stating, ‘The officer was half twisted on him,’” making no reference to Soltani’s description of the officer who “leapt.”

Another witness told the investigator a similar story. Rhodes’ question was, “Can you tell what the catalyst for him going to the ground is? Was it a push, was it a trip or, or could you tell, did they just all of a sudden kinda all go down?” Diane Loghry said, in a telephone interview with Rhodes on September 21: “He went down because three guys were on top of him.” But Rhodes’ report of Loghry’s testimony waters down the account to “she saw officers take the subject to the ground.”

“I saw them throw him down to the ground,” witness Jamie Marquez told the police on September 24. “It was like a… a football tackle, like you know, a… a nose guard tackling into the quarterback, kinda just throwin’ him to the ground.”

Detective Lynn Courtney‘s write-up of Marquez’s testimony, however, only says he “observed three police officers chasing Chasse and watched them tackle him to the ground at that intersection.”

Witness Randall Stuart told the police on September 21 that “the three men in uniform were able to gain on him enough to leap upon… I think it’s fair to say everybody leapt upon him.” Courtney’s report, once again, tempers the testimony, writing that Stuart saw “the three pursuing officers jump on the individual, causing them all to fall to the ground.”

Another red flag raised in the investigative report is the testimony of another witness, Constance Doolan, which indicates that one of the officers lied to her about Chasse’s historic use of drugs. Doolan says an officer on the scene told her Chasse had “14 former convictions for crack cocaine,” and how he and his colleagues “found a vial of crack cocaine” on Chasse that afternoon.

Chasse had no drugs on him or in his bloodstream, according to the autopsy and police reports. But the investigating officers do not appear to have asked Doolan which officer told her this, or for a description of him to try to ascertain who he was. From the investigation’s transcripts, their only response to her story about an officer’s apparent fabrication was, “Um-hm.”

Chasse’s lawyer, Tom Steenson, says the cops have not “had the common courtesy” yet to send him a copy of the investigation and witness transcripts they have released to the media. He does say, however, that what the transcripts appear to reveal is not surprising.

“If the detectives are summarizing witnesses’ statements in this way, it is consistent with the approach of the city and police bureau so far,” he says. “Consistently, from the moment this matter became public, the police bureau and the city have put out information that is false and not accurate in terms of what witnesses saw.”

“The detective’s summaries are not designed to reinterpret or summarize the witnesses’ statements,” says the Portland Police Bureau’s Public Information Officer Brian Schmautz. “There is no attempt to change, delude, or decrease what is said, nor any intent of subterfuge. If you’re suggesting the detectives are attempting to be sneaky, that is why we have released the transcripts—for the sake of transparency.”

As far as the allegations of lying about Chasse’s drug use are concerned, while it is rare for officers to be fired for use of force, they have been sacked for lying. In May and June of 1999, the bureau fired Officers Kenneth Ellison and Donald Warren, after one denied reversing into a light pole in a parking lot, and the other called in sick when he was not.

“Usually officers don’t get fired for use of force, but for lying, cheating, or stealing,” says Portland Copwatch activist Dan Handelman. Of Doolan’s testimony, he says: “This is just one witness statement, but if it happened, then it’s pretty outrageous.”

“The police have repeatedly attempted to suggest that drugs were involved,” says Steenson, who is still considering the possibility of a civil lawsuit with the Chasse family, “and that somehow, suspicion of drug use would justify what they did.”

“I cannot explain that comment,” says Schmautz. “There is no information that any of these officers had had contact with Chasse, so why would someone say that? Either it is somehow a misinterpretation of what was said, or it is wrong.”

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Files detail Chasse’s final days

Posted by admin2 on 10th November 2006

From The Oregonian, November 10, 2006

When a Project Respond mental health worker and a Portland officer came to check on James P. Chasse Jr. on Sept. 15, Chasse came out of his apartment, spotted the uniformed officer and repeatedly chanted, “Don’t hurt me,” before he ran out of the building.

Project Respond, an agency of mental health professionals who do crisis response and outreach, had gone to Chasse’s Northwest Broadway unit after receiving reports from Chasse’s mental health case manager that he wasn’t eating, and reportedly was urinating and defecating on his carpet.

When Chasse ran from the building, Officer Jason Worthington asked Project Respond worker Ela Howard if he should chase after Chasse.

Howard said no.

But she advised the officer to flag Chasse, a 42-year-old who suffered from schizophrenia, in the police database as one of their clients and to page her agency for assistance if police encountered him again, according to newly released police reports.

Two days later, when other officers spotted Chasse on the street, nothing was flagged in the Portland Police Bureau’s database to call out Project Respond mental health specialists because no system exists to do that, said Sgt. Brian Schmautz, Portland police spokesman.

Police records noted Chasse as possibly mentally ill, yet police say it wouldn’t have made a difference because the officers who confronted him Sept. 17 had no idea who he was until after his arrest.

Chasse died in police custody on Sept. 17. Two Portland officers and a Multnomah County sheriff’s deputy had struggled to arrest Chasse once they saw him shuffling on a street corner and possibly urinating behind a bush. Police said he ran when they approached. They chased him, knocked him to the ground and struggled to handcuff him.

Chasse died from broad-based blunt-force trauma to the chest, an autopsy found. He suffered 26 breaks to 16 ribs, some of which punctured his left lung. A Multnomah County grand jury found no criminal wrongdoing.

On Thursday, seven weeks after Chasse’s death, the Police Bureau released more than 1,000 pages of investigative reports stemming from its criminal investigation of Chasse’s death.

The reports reveal his mother’s and caseworker’s concerns about Chasse’s mental health in the weeks preceding his death; witnesses’ accounts, including a Portland attorney who said Chasse never ran from police; and statements by the Multnomah County jail nurse who said she looked at Chasse through a cell door window for less than 11/2 minutes and thought his five-second seizure could have been faked.

Police declined to release any medical records they obtained on Chasse, but a detective’s report summarizes some of their findings. Chasse had a case manager from Cascadia Behavioral Health Care. From the case manager’s progress reports between Aug. 17 and Sept. 13, there are indications that Chasse was not taking his medication, had quit bathing and was urinating in the hallways of the Helen Swindells Building where he had a second-floor room.

An Aug. 17 Cascadia progress note said it was likely that Chasse would need hospitalization to help him go back on medication and regain the ability to care for his basic needs, Detective Jon Rhodes wrote in his reports. It also said the caseworker would try to avoid an eviction by continuing assessments.

Chasse had at least two contacts with his mother, Linda Gerber, in August and in mid-September. Gerber told the caseworkers that she was concerned her son wasn’t eating and was losing weight and wearing dirty clothing.

Force alarms witnesses

Transcripts of the witnesses’ interviews show there were various accounts of how Chasse was knocked to the ground. But several eyewitnesses expressed concern about excessive force right from the start, one even asking to speak to a supervisor at the scene.

Portland lawyer Mark Ginsberg, who was in his car on Northwest 13th Avenue, stopped at the Everett Street intersection, said he saw two officers walk up to a scruffy-looking man who was standing on the sidewalk. Ginsberg didn’t think Chasse was urinating. When officers approached him, Chasse took a pivot step, and then the officers tackled him. He said he thought one officer did a “flying tackle,” like a football tackle, and landed on top of Chasse as they hit the ground.

“He took maybe one step and then . . . the officers were just on top of him,” Ginsberg said in an Oct. 4 interview with detectives.

Alireza Justin Soltani, a computer consultant who lives in the Pearl District, said he was driving east on Everett Street when he saw Chasse. He said Chasse was standing on the south sidewalk, leaning against a parking meter. When police walked up to Chasse, he started screaming as though he was panic-stricken, Soltani said.

“When you saw him, I definitely thought he was mentally challenged because of the way he was yelling,” Soltani said.

Soltani saw Officer Christopher Humphreys tackle Chasse. “The officer was half-twisted on him,” Soltani said. The police struggled to hold Chasse down.

“The guy was just squirming . . . like a fish out of water, just squirming,” Soltani said.

According to Soltani, Humphreys kept tapping Chasse in the forehead with his forefinger or middle finger –something no other witness recounted.

Employee recalls “chaos”

Jamie Marquez, an employee of Bluehour restaurant at the corner, was on the outdoor patio when he saw Chasse knocked to the ground and heard his high-pitched screams, “No!” as officers ordered him to get on his stomach.

Marquez first described it as a football tackle, “like you know a nose guard tackling into the quarterback.” He said the officers didn’t have Chasse in a bear hug, but just threw Chasse to the ground, and “they went down with him, too.”

He said the officers punched Chasse in the face and kicked him in the back of his head. He said it quickly escalated into “complete chaos” and a “state of disarray.” He said he thought Chasse stopped breathing.

“The cops kinda kicked his body with their foot to try to get him to move,” Marquez said. “He wasn’t moving.”

Marquez watched police handcuff Chasse and tie his feet behind him to his wrists. Marquez ran into the restaurant and grabbed his cell phone to take photos, which he e-mailed to detectives. He said he heard Chasse scream, “No, don’t leave me, don’t leave me,” once a female paramedic stepped away.

“It just kinda made me ill,” Marquez said.

Another witness, Constance Doolan, later complained to detectives because she said an officer at the scene told her that they found crack cocaine on Chasse and that he had 14 prior drug convictions.

There were no drugs in Chasse’s system, and he has no prior criminal record.

American Medical Response paramedics who evaluated Chasse at the scene refused to be interviewed by detectives. Their attorney, Jean Ohman Back, told detectives the company was concerned that AMR interview transcripts would be discoverable in any future civil litigation, the police reports say. They told grand jurors that they found Chasse’s vital signs to be normal, and police drove him to jail.

“We’re not takin’ him”

At the jail, nurse Patricia Gayman said she heard a deputy say, “We don’t think he’s breathing,” over an intercom. She grabbed a pair of gloves and went to the separation cell. The door was closed, and several officers were standing around it. She looked through the cell door window and saw that Chasse was breathing and moving. Then he seemed to have a five-second seizure. “His body stiffened, and then he started to shake,” she said. “Before he even stopped that little seizure, I said, ‘He’s gotta go out, we’re not takin’ him.”

She said she didn’t go inside the cell because Chasse had no restraints on, and the door was closed and she assumed he was violent. She said she defers to officers as to whether they think a person is safe to approach and that she has gone into a separation cell “many times” in the past. There was no discussion as to whether Chasse should be taken by ambulance to a hospital.

As police drove Chasse to Portland Adventist Hospital, they noticed he had slumped against the passenger door. They pulled off Interstate 84 at Northeast 33rd Avenue and dragged Chasse from the car. They tried chest compressions and called an ambulance.

Witness Michael Gentry said he saw the medics working on Chasse. They “kept pumping his chest, kept pumping it, and they just kept trying, and we were just like, dude, he’s getting whiter and whiter.”

Chasse was pronounced dead at Providence Hospital.

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Report details Chasse’s last days before death in police custody

Posted by admin2 on 10th November 2006

From the Associated Press, November 10, 2006

Two days before James Chasse died, a mental health worker asked a Portland police officer to put him in the department’s data base as a patient and to call her agency if he was found.

Medics and police check on a man who later died in police custody.

Two days later, when officers encountered him on the street in Portland’s trendy Pearl district, they had no idea who he was because he ran away, the department’s spokesman, Brian Schmautz, said.

The Portland Police Bureau released a thousand pages of investigative records into the death of the 42-old-man with schizophrenia. Chasse died Sept. 17 in a struggle with officers who thought he was urinating in public. A grand jury has found no criminal wrongdoing, and his family has criticized the handling of the case.

The records recount the visit Officer Jason Worthington and mental health worker Ela Howard of Project Respond visited Chasse’s apartment, answering to reports that he wasn’t eating and was urinating and defecating on his carpet. A detective’s report says that medical records suggest that during the autumn, Chasse was not taking his medication and had quit bathing.

Seeing Worthington, in uniform, Chasse fled and chanted, “Don’t hurt me,” according to the report. The officer asked the mental health worker if he should pursue, the reports say. She said no but asked that Chasse be flagged in the police data base.

A restaurant worker who saw the encounter from a patio said Chasse screamed “No!” as officers ordered him to get on his stomach, the records said.

Jamie Marquez first described it as a football tackle, “like you know a nose guard tackling into the quarterback.” He said the officers didn’t have Chasse in a bear hug, but threw him to the ground, and “they went down with him, too.”

“The cops kinda kicked his body with their foot to try to get him to move,” Marquez said. “He wasn’t moving.”

Chasse was taken to the jail, where he appeared to suffer a seizure, the reports said, and then to a hospital, where he was pronounced dead.

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