Mere threats, ex-cop says

Rachael Levy

Friday, April 5, 1996 | 11:59 a.m.

Fired Metro Police Officer Brian Nicholson admitted threatening to sodomize a homeless thief, but explained that the promise was an empty one.

The 26-year-old cop told jurors Thursday that he had hoped to intimidate Andrew Dersch into revealing his identity.

The 39-year-old homeless man had been detained June 11 by Fremont hotel-casino security guards on suspicion he was stealing from customers.

"I told him I would stuff it (the police baton) up his butt, sir," Nicholson told his attorney, Steve Wolfson.

"Did you ever intend, at any moment on that night, to do that? Yes or no?" Wolfson asked.

"No."

Nicholson was expected to return to the witness stand today for cross examination. He is one of three former officers accused of oppression under the color of law, conspiracy and filing false police reports. A battery charge was dropped before the trial began.

Former Officer Robert Phelan, 26, and Sgt. James Campbell, 48, have indicated that they too may take the stand, a potentially risky legal move because their testimony could be used to help convict them.

The jurors were attentive during the 2 1/2 hours Nicholson talked, though few took notes. His memory of the June 11 arrest was peppered with demonstrations, including showing jurors how he put on a latex glove to wipe up blood with a tissue, and how he later removed it with the end of his baton.

Earlier in the trial, casino security guards testified that they believed Nicholson had placed the rubber glove over his baton as part of his threat, something the former cop denied.

Thursday's trial was slow in starting and the first few defense witnesses repeated testimony about police policy and routines.

The plodding rate appeared to irritate District Judge Lee Gates, who criticized the methodical questioning. And when Nicholson lightly joked about how he hoped to never test the success rate of a "bullet-proof" vest, few jurors cracked a smile or chuckled, though many in the audience did.

Nicholson was a police officer for about three years, serving his entire career with Metro. He moved easily into a career in law enforcement, having spent four years as part of an elite Marine Corps squadron stationed at Camp David, the presidential retreat in Maryland.

Nicholson had been part of Metro for about two years before being assigned in November 1994 to a spot on the downtown bicycle patrol.

Working under Campbell, Nicholson and Phelan had been partners for 6 1/2 months before their careers nosedived after the sounds of their alleged manhandling of Dersch were recorded on casino surveillance cameras.

"Are you proud of yourself before this jury?" Wolfson asked Nicholson.

"No," the fired cop replied.

Nicholson said he came to the aid of his partner when he saw Phelan "kinda wrestling" with Dersch in the casino security office. During that struggle, Dersch cut his forehead and began to bleed.

The two officers handcuffed Dersch and placed him on the floor, belly down, Nicholson said. But the convicted petty thief kept trying to roll over on his side and at one point sat up and, according to Nicholson, looked ready to either stand up or kick the cop in the groin.

Nicholson said at that point he pulled out his baton and pressed it into the small of Dersch's back, forcing him back to the floor and in the process accidentally pulled down his sweat pants.

The former officer admitted to swearing during the altercation, but rebutted allegations that he used the derogatory word for a black person, poked Dersch with the baton or stood on the man's knee with all his weight.

"Sir, that's absurd, I never done that," Nicholson said.

Brian Nicholson