Tuesday, April 7, 1998 | 10:21 a.m.
More than four years after three brothers from Chicago were allegedly beaten by Metro Police during New Year's celebration on Fremont Street, the case has been settled out of court.
An offer was made and accepted this morning, during the second day of a civil trial in U.S. District Court. By court order, the amount of the settlement was ordered sealed until after the Metro Fiscal Affairs Committee meets on April 21. After that meeting, the settlement will go back to the court for final approval and the amount may be made public at that time.
A previous offer was denied.
"I think Metro's previous offer was too low and our counter offer was too high," attorney Robert Kossack, representing the brothers, said.
Even though Metro Police can be seen on videotape beating a man with a police baton and another man being tackled by seven officers while other officers dispersed pepper spray into the crowd, the use of force on New Year's 1994 was not excessive, Metro's attorney told a jury during opening statements Monday.
The first day of the federal trial seeking damages for injuries suffered allegedly at the hands of Metro officers began with testimony from an expert witness on the use of force.
The alleged beatings of the men, brothers James, Robert and Walter Bratcher of Chicago, were captured on surveillance videotape.
The jurors were shown a portion of the videotaped events that began at 12:15 a.m. and led to Walter Bratcher being hit with a police baton, Robert Bratcher's head being cut open and James Bratcher suffering bruises.
James Marsh, a former Chicago Police Department tactical training officer, said he reviewed the tapes and concluded, "I saw a pattern of practice where police officers were using excessive force on arrestees in the presence of supervising officers."
Conversely, attorney Brian Whittaker, representing Metro, described the alleged beatings and clubbings as the result of "a crowd becoming more violent."
Seen in the videotape are then-Capt. Richard McKee, described as the officer in command. McKee has since been appointed by the sheriff to a deputy chief position. Also seen is Lt. Larry Spinosa, "a supervising officer on the scene," said Robert Kossack, attorney for the Bratchers.
As part of a plan prepared months in advance, officers began clearing Fremont Street about 30 minutes after midnight, Whittaker said. The plan included having officers videotape the exercise, he said.
The police formed a skirmish line and, using riot gear, cleared the street and sidewalks of 30,000 citizens "in a period of one hour," Kossack said.
Besides Spinosa and McKee, also identified on the videotape are officers James Carroll and William Scott, Sgt. Kent Kirk and former officer Brian Nicholson. Nicholson was identified as a striking officer.
Nicholson was terminated in 1996 after a jury convicted him of a gross misdemeanor confrontation with a coin thief at the Fremont hotel-casino. Nicholson is currently serving a nine-month sentence on house arrest.
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