Between The Lines - Diane Polan: Mistrial Declared in Assault Case on a Police Officer (Week Ending April 26, 2013)

Award-winning Investigative Journalist Robert Parry (1949-2018)

Award-winning investigative journalist and founder/editor of ConsortiumNews.com, Robert Parry has passed away. His ground-breaking work uncovering Reagan-era dirty wars in Central America and many other illegal and immoral policies conducted by successive administrations and U.S. intelligence agencies, stands as an inspiration to all in journalists working in the public interest.

Robert had been a regular guest on our Between The Lines and Counterpoint radio shows -- and many other progressive outlets across the U.S. over four decades.

His penetrating analysis of U.S. foreign policy and international conflicts will be sorely missed, and not easily replaced. His son Nat Parry writes a tribute to his father: Robert Parry’s Legacy and the Future of Consortiumnews.

Thank you for donating

If you've made a donation and wish to receive thank you gifts for your donation, be sure to send us your mailing address via our Contact form.

See our thank you gifts for your donation.

The Resistance Starts Now!

Between The Lines' coverage and resource compilation of the Resistance Movement

"The man who predicted Trump presidential win now says Trump impeachment could happen," AM Joy with Joy Reid, MSNBC, Jan. 21, 2018
"Sketchy Kazakh money finds its way into Trump dealings," The Rachel Maddow Show, MSNBC, Jan. 15, 2018
"Red flags seen in many Trump real estate deals," The Rachel Maddow Show, MSNBC, Jan. 15, 2018
"Secret Money: How Trump Made Millions Selling Condos To Unknown Buyers," BuzzFeed, Jan. 12, 2018
"The Scandals of Donald Trump: Presidential Edition," The Atlantic, May 15, 2017
"Here's what we know so far about Team Trump's ties to Russian interests," Washington Post's ongoing compilation
"What Comey Was Investigating, Explained," The Moscow Project, Center for American Progress

"Donald Trump's Financial Ties to Russian Oligarchs and Mobsters Detailed In Explosive New Documentary from the Netherlands," Dutch TV documentary, Alternet.org, May 12, 2017
Ongoing compilation of Trump's creeping authoritarianism," MotherJones.com
Full resource list ...

SPECIAL REPORT: "The Resistance - Women's March 2018 - Hartford, Connecticut" Jan. 20, 2018

Selected speeches from the Women's March in Hartford, Connecticut 2018, recorded and produced by Scott Harris

SPECIAL REPORT: "No Fracking Waste in CT!" Jan. 14, 2018

Jen Siskind Jennifer Siskind, local coordinator for Food and Water Watch, describes the campaign to stop fracking waste in Connecticut, which so far has led to fracking waste bans in 34 towns around the state. Interviewed by Richard Hill on Mic Check, WPKN Radio, Bridgeport, CT

SPECIAL REPORT: "Resistance Round Table: The Unraveling Continues..." Jan. 13, 2018

Lindsay Kanaly The panel discusses Trump's long history of racism and the Republican voter suppression juggernaut confronting Democrats leading up to the 2018 elections. Special guest: Lindsay Kanaly, a lead organizer of the Women's Marches planned for Jan. 20, 2018. Panel: Scott Harris, Ruthanne Baumgartner and Richard Hill on Resistance Roundtable, WPKN Radio, Bridgeport, CT.

SPECIAL REPORT: "Capitalism to the ash heap?" Richard Wolff, Jan. 2, 2018

Richard Wolff, Economics professor Richard Wolff declares U.S. capitalism to be beyond repair and suggests the need for a radical alternative. Interviewed by Richard Hill

SPECIAL REPORT: Maryn McKenna, author of "Big Chicken", Dec. 7, 2017

Maryn McKenna, investigative journalist and author of Big Chicken, talks about the widespread use and dangers of antibiotics in commercial poultry, beef and fruit production. Interview by Bill Duesing, Richard Hill and Guy Beardsly on WPKN's Organic Farm Stand.

SPECIAL REPORT: Nina Turner's address, Working Families Party Awards Banquet, Dec. 14, 2017

Nina Turner, president of Our Revolution, talks about the fight ahead for progressives as she receives the Working Families Organization Award for Exceptional Leadership Towards Advancing Progress. The event was held in Meriden, CT. Produced by Richard Hill.

SPECIAL REPORT: Mic Check, Dec. 12, 2017

Working Families Party of CT talks strategy and issues for 2018.
Lindsay Farrell, executive director of the Working Families Party of Connecticut, discusses the state's electoral landscape and lays out the issues and strategies that could lead to progressive victories in 2018. Interviewed by Richard Hill.

SPECIAL REPORT: Resistance Roundtable, Dec. 9, 2017

Disturbing developments in the Trump/Republican Agenda
Focus on the tax bill, destruction of our public lands, North Korea and Trump's private CIA. Panel: Scott Harris, Ruthanne Baumgartner and Richard Hill. Special guest: Jo Macallero of Rise and Resist.

SPECIAL REPORT: On Tyranny - one year later, Nov. 28, 2017

Professor Timothy Snyder, author of the highly acclaimed resistance manual On Tyranny, discusses his book and offers a fresh assessment of the state of our beleaguered republic. Timothy Snyder, history professor at Yale, is introduced by Stanley Heller, administrator of Promoting Enduring Peace, a Connecticut-based organization that sponsored this event at the United Church Parish House in New Haven on Nov. 28. A brief interview with Snyder conducted by WPKN radio producer, Richard Hill, follows his talk.

SPECIAL REPORT: Mic Check, Nov. 12, 2017

Lynne Ide, director of program and policy with the Universal Health Care Foundation of Connecticut, talks about the current state of health care coverage in Connecticut. Interviewed by Richard Hill, WPKN radio producer

SPECIAL REPORT: Resistance Roundtable, Nov. 11, 2017

Focus on the Republican tax plan, the just-released autopsy on the Democratic Party, and Internet censorship by Google, Facebook and Youtube. Including an interview with Hilary Grant, a lead organizer with Action Together Connecticut, who discusses the local results of the recent election, with hosts Richard Hill, Scott Harris and Ruth Baumgartner WPKN producers

SPECIAL REPORT: Rainy Day Radio, Nov. 7, 2017

Two leaders from Redneck Revolt, an anti-racist, anti-capitalist movement, talk about their work organizing with white working class people in Suffolk County, New York. Interviewed by Richard Hill, WPKN radio producer

SPECIAL REPORT: Rainy Day Radio, Nov. 7, 2017

Bruce Gagnon, coordinator for the Global Network Against Weapons and Nuclear Power in Space, describes the extent of -- and motives underlying -- the vast US network of military bases around the globe. Interviewed by Richard Hill, WPKN radio producer

SPECIAL REPORT: Resisting U.S. JeJu Island military base in South Korea, Oct. 24, 2017

Joyakol, South Korean peace activist and singer, discusses the crisis on the Korean peninsula and focuses on the resistance to the U.S. huge military base being constructed on Jeju Island. The event was sponsored by the Greater New Haven Peace Council and this audio was recorded by Richard Hill, WPKN producer.
Joyakol discusses Americans' biggest misconceptions about the conflict between North and South Korea and the U.S., Interview by Richard Hill, WPKN producer.

SPECIAL REPORT: John Allen, Out in New Haven

John Allen, founding director of the New Haven Pride Center, Connecticut, talks about his new LGBTQ television show, Out in New Haven, which presents a range of political and cultural issues to the community. Interviewed by Richard Hill on WPKN's Rainy Day Tuesday, Jan. 2, 2018.

2017 Gandhi Peace Awards

Promoting Enduring Peace presented its Gandhi Peace Award jointly to renowned consumer advocate Ralph Nader and BDS founder Omar Barghouti on April 23, 2017.

Subscribe to our Weekly Summary & receive our FREE Resist Trump window cling

(Car window cling)

Email us with your mailing address at contact@btlonline.org to receive our "Resist Trump/Resist Hate" car window cling!

THANK YOU TO EVERYONE...

who helped make our 25th anniversary with Jeremy Scahill a success!

For those who missed the event, or were there and really wanted to fully absorb its import, here it is in video

Jeremy Scahill keynote speech, part 1 from PROUDEYEMEDIA on Vimeo.

Jeremy Scahill keynote speech, part 2 from PROUDEYEMEDIA on Vimeo.

Between The Lines on Stitcher

Between The Lines Presentation at the Left Forum 2016

"How Do We Build A Mass Movement to Reverse Runaway Inequality?" with Les Leopold, author of "Runaway Inequality: An Activist's Guide to Economic Justice,"May 22, 2016, John Jay College of Criminal Justice, The City University of New York, 860 11th Ave. (Between 58th and 59th), New York City. Between The Lines' Scott Harris and Richard Hill moderated this workshop. Listen to the audio/slideshows and more from this workshop.

Listen to audio of the plenary sessions from the weekend.

JEREMY SCAHILL: Oscar-nominated documentary filmmaker "Dirty Wars"

Listen to the full interview (30:33) with Jeremy Scahill, an award-winning investigative journalist with the Nation Magazine, correspondent for Democracy Now! and author of the bestselling book, "Blackwater: The Rise of the World's Most Powerful Mercenary Army," about America's outsourcing of its military. In an exclusive interview with Counterpoint's Scott Harris on Sept. 16, 2013, Scahill talks about his latest book, "Dirty Wars, The World is a Battlefield," also made into a documentary film under the same title, and was nominated Dec. 5, 2013 for an Academy Award in the Best Documentary Feature category.

Listen to Scott Harris Live on WPKN Radio

Between The Lines' Executive Producer Scott Harris hosts a live, weekly talk show, Counterpoint, from which some of Between The Lines' interviews are excerpted. Listen every Monday evening from 8 to 10 p.m. EDT at www.WPKN.org (Follows the 5-7 minute White Rose Calendar.)

Counterpoint in its entirety is archived after midnight ET Monday nights, and is available for at least a year following broadcast in WPKN Radio's Archives.

You can also listen to full unedited interview segments from Counterpoint, which are generally available some time the day following broadcast.

Subscribe to Counterpoint bulletins via our subscriptions page.

BTL Blog

[an error occurred while processing this directive]

Special Programming

[an error occurred while processing this directive]

Progressive Resources

A compilation of activist and news sites with a progressive point of view

Share this content:

|

Subscribe to BTL

Podcasts: direct or via iTunes

Subscribe to Program Summaries, Interview Transcripts or Counterpoint via email or RSS feed

If you have other questions regarding subscriptions, feeds or podcasts/mp3s go to our Audio Help page.

Between The Lines Blog

Stay connected to BTL

Learn how to support our efforts!

Tweets by @BTLRadioNews

Mistrial in New Haven Police Assault Case Underscores Nation's Ongoing Racial Divide

RealAudio MP3

Posted April 17, 2013

Interview with Diane Polan, defense attorney, conducted by Melinda Tuhus

A very unusual event unfolded in Superior Court in New Haven, Conn., over the past couple of weeks. A man took his case to trial rather than plea bargain the charges against him, and on April 12 a judge declared a mistrial after the jury said they couldn't convict the defendant because the police in the case had also broken the law. Since 98 percent of court cases are settled by plea bargaining, with no trial, the case of Jewu Richardson stands out. The case resulted from a routine traffic stop in 2011, when Richardson, who is African American, fled the scene and led police on a chase across town. He was shot in the chest by one officer and almost killed. Police then charged him with assault on an officer, a charge carrying a penalty of 30 years in prison.

Richardson admits to some motor vehicle violations, but says he was determined to fight the assault and attempted assault charges because he maintains his innocence. With solid community support, he was able to hire a private attorney, Diane Polan, who has decades of experience in police abuse cases. She was able to show that the police officers involved not only violated the city's standing policy of not pursuing individuals in their cruisers unless a serious crime has been committed, they also ignored three commands from a supervisor to end the car chase.

Due to the judge declaring a mistrial, Richardson avoided conviction on any of the 10 charges against him. Between The Lines’ Melinda Tuhus spoke with Diane Polan, Richardson's attorney, who explains why, in her view, a mistrial was even more significant than an acquittal.

DIANE POLAN: Ninety-eight percent of criminal cases are resolved through plea bargains, and very few cases go to trial. I think the reason this case went to trial is that Mr. Richardson was shot in the chest and could have died, and it just didn't sit right with him to plead guilty and accept a jail sentence.

BETWEEN THE LINES: Jewu Richardson told me he felt like the police charged him with assault because they shot him, to cover for having used excessive force.

DIANE POLAN: Well, yes, in my experience, certainly doing plaintiff civil rights litigation, when people are injured by the police, they're almost always charged with assault on a police officer, so that the police can be pro-active and not just be defending an excessive force claim. But to me what was most extraordinary about this case is that two members of the jury who were African American ultimately concluded they could not convict Mr. Richardson of any of the ten charges, even though there was certainly evidence to support some of the motor vehicle charges, because they believed – as they said in a note – that the police broke the law. And the police broke the law by ignoring the written pursuit policy of the New Haven Police Department, and by ignoring their supervisor's direct orders to terminate the pursuit, which he gave three different times. I think that was very significant to at least the two members of the jury who refused to convict. In my view, the police pursuit is what caused everything else to happen. Mr. Richardson did drive away from a motor vehicle stop, and he doesn't deny that he did that, but they weren't supposed to pursue him for a broken headlight. And it's the police pursuit that endangered his life, their lives, and the lives of all the innocent civilians, particularly people living in a densely populated section of New Haven.

BETWEEN THE LINES: There's a concept called jury nullification, and it sounds like that's what happened in this case. Can you explain what that is and when that can be used?

DIANE POLAN: Jury nullification is a term for what happens when juries are unwilling to convict somebody not withstanding some of the evidence. It's not something they're instructed that they're allowed to do, but as people of conscience, they do it sometimes. And in my case, the whole jury didn't do that, but two people who are African American – which I think is very significant to this – said, "We can't convict this guy, because the police broke the law." It's not an argument I made with respect to the minor charges, but I certainly made that argument with respect to the charges of assault on an officer and attempted assault on an officer charge.

BETWEEN THE LINES: You said the fact that the jurors who refused to convict Richardson are African American and that's very significant. How so?

DIANE POLAN: I think this is really a good example of how race really does still matter in this country, and it matters because of the different ways that people in majority white communities and people in majority brown communities experience the police presence in their communities, and it's very different. These jurors were selected after extensive voir dire questioning by both sides; neither of them had a chip on their shoulder; neither of them hated the police; they were both people who indicated through all of their answers that they could be fair, and they were accepted by both the prosecution and the defense. So, there's nothing wrong with these jurors; there's nothing wrong with the selection process. I think what happened is, after hearing all the evidence in the case, and hearing about how the police ignored the supervisor's order to terminate the pursuit; how the police violated their own training in the actions they took at the gas station. These jurors – whose own life experiences are as African American people – they could not convict him. And I think that's very significant, that race still matters.

BETWEEN THE LINES: You've said that this mistrial might be more important than an outright acquittal. Probably not to the defendant, but why do you think so?

DIANE POLAN: Well, I think this is so significant because of what it shows about the different impact of this type of testimony on white and non-white jurors. In my experience as a criminal defense lawyer, black jurors are not soft on crime; quite the opposite. They want criminals out of their community; they are often the victims of crime. This is not about solidarity between black jurors and criminal defendants. This has to do with the way in which the police abuse people of color in their own communities, which those people are aware of. That's what this case is about, and I think that message is so important.

BETWEEN THE LINES: Jewu Richardson goes back to court May 8. What's your guess about whether the state will move to re-try him?

DIANE POLAN: You know, I'm going to talk to the prosecutor either on May 8 or before that, and try to talk to him about why it's not a good use of resources to retry this case. Hopefully, I'll be successful, but I can't promise that.

Find articles detailing the circumstances in this unusual case by visiting the New Haven Independent news site at newhavenindependent.org and Justice for Jewu's website at justiceforjewu.com.