Jury starts deliberations in jail trial

Mail Tribune (Medford, OR — Wayback)

2002-11-15

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Jury starts deliberations in jail trial By DANI DODGE In closing arguments of a federal civil rights trial Tuesday, an attorney contended that Jackson County jail deputies beat an inmate and then tried to cover it up by not taking him to the hospital when he needed care. The delay cost Jeffrey Stuart Anderson his life, attorney Foster Glass said. "How do you get blows like that? Doing it to himself in the (restraint) chair? It just can't happen," said Glass. "We know where they came from, we just don't know which deputy did it." The county's attorney, Robert Cowling, bristled at the suggestion of a beating or a cover-up, contending there was no evidence for either provided during the six-day trial. Cowling said Anderson was an alcoholic who bruised easily and injured himself from thrashing around during alcohol withdrawal. "It's too bad Mr. Anderson had this disease, but in fairness it's the disease that did it to him," Cowling said. The trial to determine if Anderson's civil rights were violated began June 18. Anderson's family is suing for wrongful death. They allege deputies used excessive force against Anderson and then failed to provide proper medical treatment. On Tuesday, the attorneys gave their closing arguments and the jury began to deliberate. After two hours, the eight-person jury went home for the evening without reaching a verdict. They will resume deliberations at 8 this morning. If the jury finds that Anderson's rights were violated, they also will determine what damages to give Anderson's mother and two teenage sons. Anderson turned himself in to the jail April 2, 1996, to serve 15 days for a probation violation. He had been convicted of driving while under the influence of intoxicants and didn't finish the education portion of his sentence. While in jail, Anderson began suffering from severe alcohol withdrawal. He was placed in the jail's restraint chair for 10 hours and 22 minutes. Most of the time he was strapped down with steel handcuffs and shackles rather than the soft restraints provided by the manufacturer. He suffered bruises and cuts on his feet, ankles, thigh, back, wrists, arm, neck, face and head. He also had bleeding inside his brain, which was fatal. After life support was disconnected, Anderson died May 2. Deputies who testified during the trial said they never beat or injured Anderson. They said they placed him in the chair because they were worried he would hurt himself. Cowling also noted that deputies checked on Anderson every 15 minutes while he was in restraint and called in a mental health specialist after three hours. "It will be difficult to conclude the deputies were deliberately indifferent," he said. Doctors for the county testified that Anderson's alcoholism led to liver disease that caused him to bleed easily. Several suggested that Anderson's blood clot in his brain was the result of a spontaneous bleed. But Glass noted that the doctors all agreed that Anderson's clotting ability was better than people who are undergoing chemotherapy, and those people don't bleed spontaneously. "If Jeffrey was a bleeder, why don't we have bruises from the (restraint chair) straps?" Glass asked. He also said that deputies and nurses didn't agree on whose responsibility it was to get Anderson out of the chair. "It's one of those government deals where no one is responsible," Glass said. He said that deputies recorded most of Anderson's injuries only after he was hospitalized. "After the fact it becomes spin that he did it to himself," Glass said. Both attorneys agreed on one thing: This case speaks to a bigger picture. "It's very, very important that our constitutional rights are protected, but it's also important that an institution like the sheriff's office ... be judged fairly based on facts and not unsupported allegations," Cowling said. "These kinds of cases have a lot to say about what kind of institutions we have." Glass agreed. "We need to look at our institutions, and we need to correct them, and if we don't we all deserve what we get." Reach reporter Dani Dodge at 776-4471, or e-mail [email protected]     Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.