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Malice Green (April 29, 1957 – November 5, 1992) was a resident of Detroit, Michigan who died after being assaulted by Detroit police officers Walter Budzyn and Larry Nevers on November 5, 1992. Both officers were later convicted for Green's death. The official cause of death was ruled to be due to blunt force trauma to his head.
Budzyn and Nevers were patrolling in Detroit in plain clothes in an unmarked vehicle.[1] Green had pulled up to a house known for drug activity.[1] Budzyn asked Green for his driver's license and Green then walked around to the passenger side of the car and sat in the passenger seat of a car with his legs out the doorway.[1] Green looked through the glove compartment, then grabbed something from the car's floor.[1] Budzyn asked Green to let go of the object. Green allegedly failed to relinquish a vial of crack cocaine. After refusing to let go, Nevers struck Green in the head with his flashlight approximately 7 to 14 times[2] during the struggle which, according to the official autopsy, resulted in his death.
After the struggle, Green was transported to a local hospital for treatment for the head injuries sustained in the struggle where he died.
Initial reaction[edit]
The incident occurred only months after the Los Angeles riots of 1992, which protested the acquittal of police officers in the videotaped beating of Rodney King. Unlike in Los Angeles, Detroit PD's Chief Stanley Knox suspended the seven officers present at the scene of the crime within 24 hours of Malice Green's death. Charges for four of the officers soon followed.
Sergeant Freddie Douglas, the only black officer on the scene of Green's murder, was charged with involuntary manslaughter for failing to intervene. Officer Robert Lessnau was charged with assault. Officers Larry Nevers and Walter Budzyn, partners, were charged with 2nd degree murder for Green's death. Known by many in the neighborhood as Starsky and Hutch, they were both highly decorated, with a documented history of excessive force complaints. Larry Nevers was a former member of the STRESS (Stop the Robberies, Enjoy Safe Streets) unit in Detroit, which was disbanded in 1974 after 20 black men were shot by its police over a 3-year period. He was months away from retirement at the time of Green's death.
Prior to jury selection, Detroit Mayor Coleman A. Young stated that Green was 'literally murdered by police'[3] on national television.
Legal proceeding[edit]
Coroner's reports[edit]
The report was done by Dr. Kahlil Jiraki, the most junior coroner in the department. It was alleged by the defense that his report was rushed due to workload and his impending vacation.[citation needed]
The autopsy showed cuts to the scalp as well as subarachnoid hemorrhage and brain contusions. However, there were no skull fractures, no other bone fractures. Green's heart was enlarged and the arteries hardened. Toxicology results ultimately showed that Green had a cocaine level of 0.50 micrograms.
Jiraki concluded that the death was caused by blunt force trauma, which caused swelling of the brain. Jiraki testified in Budzyn and Nevers' trial that the damage was done by 'fourteen blunt force trauma blows to the head.' He stated that his boss, Dr. Bader Cassin, agreed that Green’s drug consumption was as 'insignificant as the color of his eyes' in relation to the cause of death.
However, under cross-examination, Jiraki testified that there was no swelling noted in the report, nor any fractures to the skull. In the trial of Sgt. Douglas, Jiraki reduced the number of blows to seven (which fit with Nevers’ testimony). And, at Nevers' second trial, Dr. Cassin testified that he examined the body the day after Dr. Jiraki made his examination (this second exam was never disclosed to the defense prior to, or during, the first trial) and that drugs played a major part in Green's death.
After the second trial, Jiraki sued the coroner's office, claiming that he was pressured by his superiors to change his findings to state that cocaine contributed to Green's death (which he refused to do) which would have supported the police officer's defense. He was awarded $2.5 million. The coroner's officer later alleged during the civil trial that Jiraki was fired for supposed mental instability and absenteeism.[citation needed]
Dr. Jiraki's testimony was supported by the prosecution's medical expert Dr. Michael Baden. After the trial, Baden allegedly told a pathologist’s conference that he came to his conclusion based on information surrounding the circumstances of Green’s death and the facts in the exam.
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Budzyn and Nevers' defense presented three experts, one of whom stipulated that they identified eleven blunt-force injuries to Green's head. However, they testified that Green’s head injuries were entirely 'superficial' and 'could not have caused his death.' They noted that Green had no fractures, no significant bleeding or bruising of the brain, and no swelling of the brain. It was their opinion that Green died as a result of cocaine and alcohol abuse, combined with his physical struggle with police as he resisted arrest, and the minor head injuries. They stated that these things, in combination, caused a surge of adrenaline which overloaded the electrical circuits in Green’s brain resulting in brain seizure, respiratory failure, cardiac arrest and death.
Trial[edit]
Then-Assistant Wayne County Prosecutors Kym Worthy and Douglas Baker tried the case against Budzyn and Nevers. Judge George W. Crockett III, in Detroit Recorder's Court, presided. The officers were tried together in Detroit after being denied a change of venue. Budzyn and Nevers were allowed separate juries. Both juries were composed of a majority of black citizens (two whites on Nevers' jury, one on Budzyn's), and both juries reached unanimous verdicts.
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The testimony of the responding EMTs was very damaging to Budzyn and Nevers case. All of them testified that Green was covered with blood and was hanging from the driver's side door when they arrived. The EMT's further said that Nevers struck Green in the head with his heavy police flashlight repeatedly, even though Green was not offering any significant resistance. Two of them stated that Nevers told Green to open his hands and hold still, and that, when he did not, Nevers hit him with the flashlight. They described Green as 'dazed' and 'stuporous' during the incident, saying that Green was uttering only a few words like 'wait' while Nevers was striking him. Lee Hardy, one of the responding EMT's, testified during the separate assault trial for Robert Lessnau that he witnessed the former officer kicking Green in the head while he laid prone on the street.[4]
During the trial, movies were provided for the jurors entertainment while they were sequestered, including the film Malcolm X. The film depicts scenes of police brutality being perpetrated by white police officers, including the recent beating of Rodney King. It also contains a voiceover that claims white police officers are the direct descendants of the Ku Klux Klan. Both juries were shown the film on at least two separate occasions during the trial.[5]
Aftermath[edit]
The City of Detroit paid a civil agreement of $5.25 million to Malice Green's family.[citation needed]
Officers Nevers, Budzyn, Robert Lessnau, and Freddie Douglas were charged in the death. Ultimately, charges against Sgt. Douglas were dropped, and Lessnau was acquitted of assault. On August 23, 1993, the jury found Budzyn and Nevers guilty of second degree murder.[6] Two months later, Nevers was sentenced to serve 12 to 25 years in prison and Budzyn was sentenced to serve a lighter sentence of 8 to 18 years in prison.[7]
In 2007, Larry Nevers wrote a self-published book titled Good Cops, Bad Verdict. He died in February 2013.
Appeals[edit]
On July 31, 1997, the Michigan Supreme Court granted a new trial for Walter Budzyn, mostly on the grounds of showing the movie Malcolm X (the movie's opening scenes show video of the Rodney King incident) to sequestered Jury members while they waited to begin deliberating. It was learned that a political appointee of Mayor Young had made it onto the Jury and she was instrumental in showing the movie to jury members. Budzyn was immediately released from prison. He was retried, and on March 19, 1998, he was again found guilty of involuntary manslaughter, and in January 1999 the Michigan Court of Appeals reinstated his four-year prison sentence.[8] He had already served the minimum under the first conviction, and was released.
Larry Nevers' 1997 appeal to the Michigan Supreme Court was denied. However, he was successful on his appeal to a federal court, which overturned the verdict in 1999. It cited the showing of Malcolm X as well as jury members' hearing of preparations in case of riots should the officers be acquitted. This decision was appealed to the U.S. Supreme Court, which let it stand. Nevers was convicted of involuntary manslaughter in May 2000. He was sentenced to 7–15 years in prison. In March 2003 this conviction was overturned by the Michigan Court of Appeals, but in September 2003, the Michigan Supreme Court upheld that conviction.[9] In April 2005, Nevers lost a bid to appeal the conviction in federal court.[9] During this process Nevers was treated for lung cancer, and was released in 2001 to serve the rest of his sentence at home.
Popular culture[edit]
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Outsider musician Wesley Willis' song 'Larry Nevers/Walter Budzyn' is about the trial and aftermath of the beating.
Insane Clown Posse mention Mr. Nevers as someone who is going to receive retribution for his crimes in their song 'Wagon Wagon' from Ringmaster[10]
Underground Resistance dedicated their release Message To The Majors to Mr. Green.[11]
Although not written about the death of Green, US rock band Pearl Jam included a picture of Green in the booklet for their 1993 album, Vs, beside lyrics to the song 'W.M.A.' which alludes to racial profiling among US police.
See also[edit]
References[edit]
^ abcdPeople v. Budzn. 456 Mich. 77 (1997)
^'National News Briefs; Retrial Begins for Officer In 1992 Detroit Beating'. The New York Times. March 28, 2000.
^Newton, Michael (2007). The Encyclopedia of American Law Enforcement. ISBN9781438129846. Retrieved 2011-11-06.
^'Underground Resistance - Message to the Majors'.
External links[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Death_of_Malice_Green&oldid=984981753'
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NEWS RELEASE ONTARIO PROVINCIAL POLICE ********************************* KIRKLAND LAKE - On Dec. 10, 2020, The Ontario Provincial Police (OPP) North East Region Community Street Crime Unit (CSCU) with the assistance of the Kirkland Lake OPP Crime Unit and the North East Region OPP Canine Unit (K9), executed a search warrant at a residence on Kirkland Street in the Town of Kirkland Lake.
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Police seized drugs suspected to be opioids (fentanyl), cocaine and crack cocaine. Police also seized $3,595 in Canadian currency. Total estimated street value of the seizure is approximately $11,000.
As a result two people have been arrested and charged.
Allen PitremontI, age 47 of Kirkland Lake, has been charged with the following: • Possession of a Schedule I Substance for the purpose of trafficking - opioid, contrary to section 5(2) of the Controlled Drugs and Substances Act (CDSA), • Possession of a Schedule I Substance for the purpose of trafficking - cocaine, contrary to section 5(2) of the CDSA, • Possession of a Schedule I Substance for the purpose of trafficking - other drugs, contrary to section 5(2) of the CDSA, and • Possession of property obtained by crime under $5,000, contrary to section 354(1)(a) of the Criminal Code (CC).
Ayub Hassan, age 19 of North York, Ont., has been charged with the following: • Possession of a Schedule I Substance for the purpose of trafficking - opioid, contrary to section 5(2) of the Controlled Drugs and Substances Act (CDSA), • Possession of a Schedule I Substance for the purpose of trafficking - cocaine, contrary to section 5(2) of the CDSA, • Possession of a Schedule I Substance for the purpose of trafficking - other drugs, contrary to section 5(2) of the CDSA, and • Possession of property obtained by crime under $5,000, contrary to section 354(1)(a) of the Criminal Code (CC).
The accused were remanded into custody and are scheduled to appear before the Ontario Court of Justice by video on Dec. 14, 2020.