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November 10, 2009

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Inmate’s family demands outside probe

Tuesday, Jan. 16, 2001 | 11:26 a.m.

The family of the French national who died in the Clark County jail during a struggle with guards met with the French consulate this morning to demand an outside investigation.

"The police investigating themselves is a joke," said Philip Moreau, cousin of Philippe LeMenn, who died Jan. 4 during a struggle with up to five jail guards inside a cell. "It's like the IRS asking you to do your own audit."

LeMenn, 33, was in a cell by himself after being verbally and physically disruptive when he was brought to the jail about 9:15 a.m. on charges of disorderly conduct, annoying a minor and causing a disturbance on school property. LeMenn apparently stripped off his clothing, stuff it in the toilet and began flushing it causing his cell to flood, Metro jail official Capt. Henry Hoogland said.

LeMenn was then handcuffed and taken to another cell that has a video camera in order to watch him more closely after he made several bizarre statements about being Christ and needing to save the children, Hoogland said.

Hoogland said LeMenn started struggling with guards as soon as one handcuff was removed after he was moved into the new cell.

A video camera captured what happened. But the family, who received a copy of the tape from police, along with local American Civil Liberties Union and Metro Police have differing views of what is seen on the tape.

"They are beating him. It was disgusting," said Moreau, who lives in Los Angeles. "They are pounding on him. They are kicking him. There was no reason for any of this."

Gary Peck, executive direction of the Las Vegas ACLU, takes his criticism of what occurred on the tape a step further.

"If the facts are as we believe, then what happened in the jail is certainly criminal," Peck said. "Thus far no explanation (Metro) has given has been creditable."

Lt. Wayne Petersen, of Metro's homicide unit, which is investigating the death, said the officers were trying to regain control of a very combative and large inmate. LeMenn was 6 feet 2 inches tall and weighed about 300 pounds.

"Obviously, Mr. Peck does not have all the facts and circumstances surrounding the incident and his assessment is premature," Petersen said, noting that he saw nothing on the tape to show that there was excessive force.

Peck said the jail has a history of in-custody deaths and previously has done a poor job of handling mentally disturbed inmates. LeMenn was obviously having some type of mental episode, because he continued to make bizarre statements, Peck said.

But for Moreau the issue is not about past problems or complaints the ACLU has made about jail conditions, it is about the death of his cousin.

"His father and brother flew here last week. They are trying to understand how this could happen," Moreau said. "He was a nice man. He was never violent, and he never had any mental problems. We want to know what happened and why this happened to him."

The French Consulate in Los Angeles has notified local and federal authorities about their concern over the death of a French national, said Yo-Jung Chen, a consulate spokesman.

A letter was sent to local and federal elected officials by the consulate proclaiming the French government's outrage over the death of LeMenn, Moreau said.

Police are still waiting on the Clark County coroner to determine a cause of death for LeMenn. Coroner Ron Flud said a cause of death was awaiting test results.

But Peck said he had little faith that the coroner would find anything but a cause of death that would justify the police's explanation of what occurred in the jail cell.

"We are only going to get a whitewash from the coroner and are not going to get the truth from them," Peck said. "Everything about this case stinks."

Flud said his office has always conducted open and honest investigations and all of his findings are open to the family. He often encourages families to hire their own pathologist for a second opinion.

Moreau said they have hired a pathologist and while they are still waiting for the final results, his pathologist noted that LeMenn's head showed signs of trauma.

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