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What Happened to James Chasse: 2006-10-01

Friday, October 6, 2006

Potter plans Chasse death follow-up committee

from Portland Tribune

Mayor wants to examine who should care for community's mentally ill

Regardless of what the Multnomah County grand jury decides in the death of James Chasse Jr., Mayor Tom Potter plans to ask the City Council to appoint a committee to study numerous issues related to the in-custody death of the man. Among those issues would be how the police can improve their interactions with mentally ill people and who in the community should be responsible for their care.

“We need to acknowledge that is a much larger issue than just the police,” Potter said.

The mayor said he hopes the committee can look at how other cities are dealing with the mentally ill, calling the lack of adequate treatment a nationwide issue.

“I hope the committee can conduct that kind of survey,” Potter said.

Before he submits the plan to the council, Potter said he also plans to discuss it with other area decision-makers, including Multnomah County Chair-elect Ted Wheeler and State Sen. Avel Gordly, whose son had confrontations with the police in the past.

Potter said statistics show a large number of homeless people in Portland are mentally ill, adding, “The question the community has to ask is, is this a good way to deal with the mentally ill — to let them wander the streets or using the police as last resort?”

Chasse died after a Sept. 17 struggle with police near the intersection of Northwest 13th Avenue and Everett Street. The Oregon State Medical Examiner ruled that he died of “broad-based blunt force trauma to the chest,” including broken ribs that punctured his lungs. Although several witnesses filed complaints with the city accusing the police of using excessive force, the medical examiner ruled the death accidental.

At a Sept. 25 press conference, Chasse’s father said his son had suffered from “an unfortunate mental illness” since his teenager years. He was living in a halfway house near the Pearl District and enjoyed wandering the neighborhood at the time of his death, James Chasse Sr. said.

A grand jury began considering the case on Tuesday. It is scheduled to continue hearing from witnesses until next week. The grand jury will determine whether any laws were broken during the incident.

Although Potter declined to comment on the details of the case, he said Police Chief Rosie Sizer told him the officers who arrested Chasse were under pressure to reduce public drunkenness and other public antisocial activities. The officers had said they suspected Chasse of urinating in a downtown street before they arrested him.

“When I talked to the chief, she said this is sort of an example of what happens when things go beyond what you expect," Potter said. "The fact is, we are trying to clean up the streets. But I want to make sure it is done in a way that still protects people's rights.”

Potter said he was considering expanding the membership of the committee beyond the Portland city limits. He said the mentally ill live throughout the region but gravitate to downtown, in part because of the ease of taking the MAX light rail system to Pioneer Courthouse Square.

Thursday, October 5, 2006

Opossum Society - Crazy Cat Grows Big Feet

from the Portland Mercury

Jim’s band – Opossum Society, Crazy Cat Grows Big Feet – via Randy, 10.5.2006

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Opossum Society - Crazy Cat Grows Big Feet

LETTERS TO THE EDITOR - 10/5/06

from The Oregonian

Chasse death: Rein in thuggish police
I can only visualize myself or any frail person walking down the street and being tackled by three policemen. Imagine the injuries that would create.

Then imagine fighting because you couldn't breathe (lung punctured) and imagine being shouted at to lie on your stomach but begging not to (fractured rib pain). Imagine begging the ambulance people not to leave.

James P. Chasse Jr.'s death was horrible!

I was raised in the 1950s, when my mother read me the book, "The Policeman is Your Friend." I have believed that a policeman is my friend all my life (59 years) --until now. Now I believe that police officers are thugs, legal thugs. Thugs who killed poor Mr. Chasse.

For now, let us all pray we don't stagger with a medical problem on the streets of Portland.

Police Chief Rosie Sizer: You are in charge. Do the right thing. In the memory of Chasse, protect innocent people. Protect me.

KATHLEEN BAUSKA
St. Helens

James P. Chasse Jr. died of massive internal bleeding caused by 16 fractured ribs with 26 individual rib bones that were "broken, splintered or crushed" by two Portland police officers and a Multnomah County sheriff's deputy ("Injury list a long one in struggle with police," Oct. 4).

A few weeks ago, it was another young man who died at the hands of overzealous police. He was shot to death.

What are we citizens supposed to do when we need help and the police respond in such a manner? Where is the training in use of appropriate force?

Both of these situations could have been resolved using rudimentary pin holds and a little martial arts training.

Are the police chief, mayor [and sheriffs] doing their jobs in making training required and available?

TOM KUBISIAK
Southeast Portland

How many autopsy reports will it take? How many reports of 16 crushed and broken ribs, a punctured lung and severe internal bleeding will it take before the blunt-force trauma of enraged public opinion will rein in the out-of-control cowboys of the Portland Police Bureau?

James P. Chasse Jr. died alone, in a police car, on Sept. 17. May his gentle, but mentally ill, soul rest in peace.

GLENN GILLESPIE
Southwest Portland

It seems the Portland police are held to a different standard. How many times over the years have people "accidentally" died while in police custody?

Why is it always termed an accident by the authorities, when if the same circumstances were to occur in the lives of most people, there would be a major investigation and someone would be going to prison?

I guess I just feel like I believe a lot of Portlanders feel: The Portland police seem to be able to do whatever they want, whenever they want; even if it is taking someone's life; and there is never any real explanation to the public, or any type of discipline of the offending officers --unless you call "paid leave" discipline.

Isn't a police officer supposed to be someone we can all respect and look up to, someone to emulate? Not someone to be feared, like a storm trooper.

CLIFFORD DOBSON
Northeast Portland

New witnesses extend review of Chasse case

from The Oregonian, by Maxine Bernstein
A Multnomah County grand jury's review of a 42-year-old man's death in police custody on Sept. 17 is expected to continue into next week, police and prosecutors said Wednesday.

New witnesses have been identified and other witnesses' schedules require their testimony be heard next week, authorities said.

Portland Police Chief Rosie Sizer issued a statement Wednesday asking the public to be patient as they await more details in James P. Chasse Jr.'s death.

"I understand the need for people to hear what occurred in this incident and the heightened emotion in the community," Sizer said. The chief said police will provide a detailed account of what occurred once the grand jury review is done.

"I ask that people be patient until we have the opportunity to provide this briefing and begin what I hope will be a broad-based discussion on not only the specifics of this incident, but also the issues that law enforcement and the community face in dealing with people who suffer from a mental illness."

Norm Frink, a Multnomah County chief deputy district attorney, said the grand jury may be completed by the middle or end of next week. "New witnesses have come to the investigators' attention," Frink said. "It's an evolving process."

The state medical examiner ruled that Chasse died of broad-based blunt force trauma to the chest after a struggle with two Portland officers and a Multnomah County deputy sheriff.

An autopsy released by Chasse's family showed he had 26 breaks in 16 ribs plus multiple bruises, contusions and abrasions to his head, chest and abdomen.

Police said officers thought Chasse was urinating in the street in the Pearl District. Chasse ran and the officers chased him.

Police said an officer pushed Chasse, which caused him to stumble to the ground. But three witnesses have filed excessive-force complaints against the officers, saying they forcefully tackled Chasse and then repeatedly kicked and punched him in the chest and head.

After paramedics examined Chasse, police drove him to jail. There, jail nurses found he needed further medical attention, and police drove him in a patrol car to a hospital. He died en route.

Wednesday, October 4, 2006

Autopsy shows fractured ribs led to Portland man's death

from the Associated Press

A man who died in police custody suffered 16 broken ribs, including some that punctured a lung and caused massive internal bleeding, according to autopsy results released by his family.

James P. Chasse Jr., 42, died Sept. 17 after three officers struggled to arrest him in the Pearl District.

The state medical examiner's report also showed that Chasse suffered multiple bruises, contusions and abrasions to his head, chest and abdomen. Toxicology tests revealed no alcohol or drugs in his system.

According to police, officers spotted Chasse acting oddly as if he either were on drugs or had a mental disorder, and then possibly urinating in the street before they walked up to him. When he ran, they chased him.

Tom Steenson, the family's attorney, released the autopsy report because Chasse's family was disturbed by the extent of the injuries and is continuing its own independent investigation of his death. They highlighted that Chasse, who suffered from schizophrenia, had a slight build. He was 5 foot 9 inches tall and weighed 145 pounds.

In addition, a deputy medical examiner's initial investigative report done the night of Chasse's death indicates that paramedics who first evaluated a handcuffed Chasse on the street said they were not told Chasse may have gone into respiratory arrest. They also said they were unaware officers had used a Taser on Chasse, the report said.

The paramedics said they found Chasse conscious and his vital signs in the normal range, and let the police officers decide whether to transport Chasse to a hospital, Dwayne Bigoni, the deputy medical examiner, wrote in the report.

Police then shackled Chasse's ankles together, tied his feet to his hands in a "hog-tie" and drove him to jail, accusing him of resisting arrest and interfering with police. There, jail nurses determined he needed further medical attention, and police drove Chasse to Portland Adventist Hospital. He died en route.

When Chasse's body arrived for autopsy, his left chest appeared "flattened," the report said.

The state medical examiner, Dr. Karen Gunson, cited blunt-force chest trauma as his cause of death and wrote that the injuries were caused "by another person or a fall."

Gunson ruled the death an accident, but Chasse's family, witnesses and a police watchdog group have questioned her ruling, and at least one state lawmaker has called for a public inquest into Chasse's death.

"Jim had a difficult life, and its end was horribly, horribly unjust," Mark Chasse said when eulogizing his older brother at a private service on Friday.

The family attorney released the full autopsy report on the first day the Multnomah County district attorney's office presented the case to a grand jury for review. The grand jury is expected to hear more testimony Wednesday and make a ruling on whether anyone is criminally liable in Chasse's death.

District Attorney Michael Schrunk said Tuesday the entire grand jury file would be turned over to Chasse's family upon conclusion of the review. But he cautioned that the grand jury's role is only to decide the narrow question of criminal liability.

Autopsy: No Drugs, Alcohol In Man Who Died In Police Custody

from KOIN.com

The family of James Chasse Jr. has released the autopsy report detailing Chasse's physical condition at the time of his death.

Attorneys for the family of the man who died Sept. 17 in police custody call the 21-page autopsy report remarkable. They say it sheds light into the excessive force used by officers.

Initially, reports indicated that Chasse's death may have been the result of illicit drugs, but toxicology tests later confirmed that no drugs or alcohol were found in his body.

The medical examiner's report lists Chasse's injuries, which include multiple broken ribs, which led to a punctured lung and other internal injuries. The official cause of death is accidental blunt-force trauma to the chest.

A grand jury is looking at evidence in the case and considering possible criminal charges for the officers involved.

Witness in Chasse case will testify to grand jury

from KATU.com

The grand jury investigating the death of a Portland man who died while in police custody is not expected to finish until next week.

Portland Police Chief Rosie Sizer issued a statement Wednesday afternoon, saying the Multnomah County district attorney's office informed her about the delay because a witness was unavailable.

Sizer said the Portland Police Bureau will provide an extremely detailed account of the entire incident and she asked the public to be patient.

Meanwhile, a man who says he saw police try to revive Chasse says he feels police acted appropriately.

James Chasse, 42, died last month after he suffered 16 broken ribs, including some that punctured a lung and caused internal bleeding. Details about the injuries were included in a state medical examiner's autopsy report released by his family.

Despite the extent of his injuries, his death has been ruled accidental.

A witness who saw police trying to revive Chasse says officers pulled him from the patrol car and performed vigorous CPR, which he says may account for some of Chasse's chest injuries.

Jon Olson says he was jogging in the area when police pulled over after reportedly discovering Chasse had stopped breathing while en route to a hospital in a patrol car.

Olson says he thought the officer's actions were "above board."

Dan Handelman, a spokesman for a group called CopWatch, called the extent of Chasse's internal injuries "incredibly frightening" and says an incredible amount of force was used.

Jim Jim

from Mary's Great Ideas

James Chasse, Jr., known to many of us as Jim Jim, was beaten to death by police on September 17, as many Portlanders know by now. He was a visible member of the Portland scene or community (or whatever you want to call it) in the 1980s. I didn't know him that well, but he was closer to friends of mine and we went to the same school, hung out in the same crowd, so this is seeming especially strange and awful and infuriating.

I remember Jim Jim as gentle and nutty. Rachel remembers: "crazy or no, he really was a gentle, loving, sweetiepie sort of guy." The Oregonaian quotes Jason Renaud describing him as, "cute and charming and cuddly and quiet and careful and sprinkled with pixie dust." He believed in magic and fairies and stuff like that and once gave me elaborate instructions on a ceremony he wanted me to perform. I think he struck a lot of us, even then, as vulnerable. Linea reminded me of how, when he was hospitalized at Dammasch (a state mental hospital that was closed in 1995), someone wrote, "Free Jim Jim" graffiti -- there was a perception that his hospitalization was a form of imprisonment. Of course, these days, we don't put the mentally ill in hospitals that seem like prisons -- we just put them straight into prison.

Jim Jim was schizophrenic, and his death at the hands of police reminds me that the powerful victimize the most vulnerable (first), and that all of us can be vulnerable at the right time and place. My father was also schizophrenic, and died peacefully on a couch at his parent's home, but I can easily imagine a more tragic end had he encountered the police on the streets in one of his more psychotic states. (It should be said that, from witness accounts, it doesn't appear that Jim Jim was in the midst of a psychotic episode at all. He was tackled by police when he ran away. They were chasing him because they thought he might be peeing in public.)

Police brutality is often perceived as an issue for people of color -- which it most certainly is -- but Jim Jim's death is a reminder to me that there are many ways to become vulnerable and powerless: mental illness, certainly, but also poverty, being drunk, being at the wrong place at the wrong time. I don't want to over-simplify the issue or demonize individuals: maybe the police involved in this case weren't arrogant, steroid-driven jocks who get off on picking on people weaker than themselves. Maybe they were under-trained, frightened and overwhelmed by the problems we ask them to solve without the resources or education to do so and resorted to the only tool they know how to use -- their fists. Either way, it's a tragic and avoidable problem, and Jim Jim died because of it.

Here's some coverage of the story:

A comprehensive index of media coverage by the Mental Health Association of Portland.
Oregonian article on his death - DEAD LINK
Oregonian coverage of the autopsy - DEAD LINK
Portland Cop Watch (that website seems a little out of date, but you can see a statement they issued on the Chasse case here.

Other places where people are commenting on Jim Jim's death:

Comments and memories at PortlandIndyMedia.
Memories from a friend.
Political commentary on police brutality.
Political commentary on police brutality.
Political commentary on the lack of care for the mentally ill.

News Releases: STATEMENT FROM CHIEF ROSANNE SIZER REGARDING THE IN-CUSTODY

from the Portland Police, a press release

News Releases: STATEMENT FROM CHIEF ROSANNE SIZER REGARDING THE IN-CUSTODY

“The District Attorney has informed me that the Grand Jury will not conclude until next week, due to the unavailability of a witness.

“I understand the need for people to hear what occurred in this incident and the heightened emotion in the community. But out of respect for the Grand Jury process, the Police Bureau cannot participate in the release of investigative information to the media and community.

“Following the conclusion of the Grand Jury, the Police Bureau is committed to providing an extremely detailed account of the what led up to the initial contact with Mr. Chasse and the actions of all those involved throughout the entire incident. I ask that people be patient until we have the opportunity to provide this briefing and begin what I hope will be a broad-based discussion on not only the specifics of this incident, but also the issues that law enforcement and the community face in dealing with people who suffer from a mental illness.”

PIO Contact Name: Catherine Kent
Email Address: ckent@portlandpolice.org
Phone Number: 503-823-0830
Pager Number: 503-790-1779

Chasse Update: Grand Jury to Conclude Next Week

from the Portland Mercury

This just in from Police Chief Rosie Sizer:

“The District Attorney has informed me that the Grand Jury will not conclude until next week, due to the unavailability of a witness.

“I understand the need for people to hear what occurred in this incident and the heightened emotion in the community. But out of respect for the Grand Jury process, the Police Bureau cannot participate in the release of investigative information to the media and community.

“Following the conclusion of the Grand Jury, the Police Bureau is committed to providing an extremely detailed account of the what led up to the initial contact with Mr. Chasse and the actions of all those involved throughout the entire incident. I ask that people be patient until we have the opportunity to provide this briefing and begin what I hope will be a broad-based discussion on not only the specifics of this incident, but also the issues that law enforcement and the community face in dealing with people who suffer from a mental illness.

Matt Davis spoke with D.A. Mike Schrunk earlier today—we heard a false rumor that the grand jury had wrapped up this afternoon—who advised us to call back on Monday.

Grand jury hearing testimony on death in police custody

from Associated Press + KGW.com

A Multmonah County Grand Jury weighing the case of a man who died in police custody will not have a decision until next week.

On Tuesday, the family James Chasse Jr. released what their attorneys called the "remarkable" autopsy report of his death.

Jamie Marquez, courtesy the Portland Mercury

Medics and police check on a man who later died in police custody.

Portland Police Chief Rosie Sizer said she was informed by the district attorney's office that no decision is expected until next week because a witness was unavailable.

According to the state medical examiner, Chasse died an accidental death from blunt force trauma to the chest, officials said.

The autopsy documents show that Chasse had multiple broken ribs that caused massive internal injuries and a punctured lung.

Attorney’s for Chasse’s family said that the “report is remarkable for several reasons,” citing that Chasse was in relatively good health and had no alcohol or drugs in his system at the time.

Chasse died on the way to the hospital in a patrol car after being booked into jail by officers on September 17, according to police. Police took Chasse into custody in Northwest Portland after a struggle, officers also tased Chasse and he later began having breathing problems, police said.

Medics were called in and Chasse showed normal vital signs, then officers took him to the Multnomah County Detention Center according to officers.

According to the autopsy report, a nurse at the jail advised officers to take Chasse to the hospital. Police said he died on the way, according to the report.

Dr. Karen Gunson of the medical examiner’s office said that from a medical examiner's point of view, the officers involved did not know Chasse would die based on their actions.

When the jury returns with its finding, the Multnomah County District Attorney's Office will make the announcement.

"Following the conclusion of the Grand Jury, the Police Bureau is committed to providing an extremely detailed account of the what led up to the initial contact with Mr. Chasse and the actions of all those involved throughout the entire incident. I ask that people be patient until we have the opportunity to provide this briefing and begin what I hope will be a broad-based discussion on not only the specifics of this incident, but also the issues that law enforcement and the community face in dealing with people who suffer from a mental illness," Sizer said in a statement Wednesday.

Portland Police are investigating the case and said earlier that they are rigorously examining their “actions, training policies and procedures,” according to a statement by Sizer.

Chasse's family also said they were continuing to investigate, and thanked the public for cooperation they've recieved regarding the case.

IN MY OPINION - POLICE AND THE MENTALLY ILL - Relieving the burden on the justice system

from The Oregonian, by Leslie Ford

We can all agree that the recent death of James Phillip Chasse Jr. is a tragedy. And I share Portland Police Chief Rosie Sizer's view that Multnomah County's mental health system does not have adequate resources to do all that needs to be done. As a result, Sizer is right to say that too much of the burden falls to the police and jails.

Cascadia Behavioral Healthcare's Project Respond, the county's mental health crisis outreach program for the last 13 years, and the Portland Police Bureau work together regularly when officers suspect mental illness is involved in a police call. When police contact Project Respond, its staff is quickly on the scene to work with officers to help deal with the unique challenges these situations pose. Project Respond has trained mental health professionals who can recognize situations that are the result of mental illness and can help de-escalate them without the use of force.

While I don't second-guess any officer's decision, Project Respond was not contacted in the Chasse case. And the results were tragic, not only for Chasse, but for the officers involved and the witnesses who were shocked by the incident.

As a community, we must continue to acknowledge the unique challenges that mental illness pose for law enforcement. What is needed is a commitment to continue training officers to recognize mental illness and to access community resources to effectively deal with these challenges.

Ideally, all police officers would receive the crisis intervention team training that currently is provided to only a portion of the force. This intensive training in recognizing mental illness, in using verbal de-escalation skills and in identifying community resources ensures that officers are equipped to deal most appropriately with individuals with mental illness.

Law enforcement agencies across the country are taking the first steps toward making this a required training. In our state, Cascadia is active with Oregon Partners In Crisis, a group of criminal justice professionals, elected officials, consumers and attorneys in advocating for more crisis intervention team availability as well as programs to divert the mentally ill from our jails.

Police need to be able to recognize mental illness and work more effectively with someone who is experiencing a different reality. Research around crisis intervention team training consistently shows that its techniques lead to fewer arrests needed and less force required when an arrest has to be made.

Through pro-active steps, crisis intervention organizations can help take the burden off an already overtaxed judicial system and treat the mentally ill while successfully integrating them back into the community. Treatment of the mentally ill is considerably more humane, more beneficial to the community and less expensive than the cost to taxpayers each time someone is arrested.

We all need to take some of the responsibility for society's problems. Taking advantage of community-based programs that are successfully treating mental health problems needs to be part of the solution.

Leslie Ford is chief executive officer of Cascadia Behavioral Healthcare.

Injury list a long one in police beating

from The Oregonian, by Maxine Bernstein

James P. Chasse Jr., the 42-year-old man who died Sept. 17 after three officers struggled to arrest him, suffered more than a dozen fractured ribs, some that punctured his left lung and caused massive internal bleeding, according to an autopsy report released by his family's attorney Tuesday.

The state medical examiner's report revealed 16 of Chasse's ribs were fractured; 26 individual rib bones in the front and back of his rib cage were broken, splintered or crushed after his initial encounter with two Portland officers and a Multnomah County sheriff's deputy.

He also suffered multiple bruises, contusions and abrasions to his head, chest and abdomen. Toxicology tests revealed no alcohol or drugs in his system.

Further, a deputy medical examiner's initial investigative report done the night of Chasse's death indicates that American Medical Response ambulance medics who first evaluated a handcuffed Chasse on the street said they were not told Chasse may have gone into respiratory arrest, although police called an ambulance because they believed Chasse was unconscious. The medics also said they were unaware officers had used a Taser on Chasse, the report says.

The ambulance medics said they found Chasse conscious and his vital signs in the normal range, and let the police officers decide whether to transport Chasse to a hospital, Dwayne Bigoni, the deputy medical examiner, wrote in a narrative report.

Police then shackled Chasse's ankles together, tied his feet to his hands in a "hog-tie" and drove him to jail, accusing him of resisting arrest and interfering with police. There, jail nurses determined he needed further medical attention, and police drove Chasse to Portland Adventist Hospital. He died en route.

When Chasse's body arrived for autopsy, his left chest appeared "flattened," the report said.

Call for inquest

The state medical examiner, Dr. Karen Gunson, cited blunt-force chest trauma as his cause of death and wrote that the injuries were caused "by another person or a fall." Gunson ruled the death an accident, but Chasse's family, witnesses and a police watchdog group has questioned her ruling, and at least one state lawmaker has called for a public inquest into Chasse's death.

Tom Steenson, the family's attorney, released the autopsy report because Chasse's family was disturbed by the extent of the injuries and is continuing its own independent investigation of his death. They highlighted that Chasse, who suffered from schizophrenia, had a slight build, was 5 foot 9 inches tall and weighed 145 pounds.

"Jim had a difficult life, and its end was horribly, horribly unjust," Mark Chasse said when eulogizing his older brother at a private service on Friday.

The family attorney released the full autopsy report on the first day the Multnomah County district attorney's office presented the case to a grand jury for review. The grand jury is expected to hear more testimony this morning and make a ruling on whether anyone is criminally liable in Chasse's death.

Copwatch letter

Dan Handelman, who leads Portland Copwatch, wrote a letter to the district attorney this week demanding that his office present an "aggressive and thorough" case to the grand jury.

"Even if the officers did not intend to kill Mr. Chasse, they should have known that their actions could cause his death," Handelman wrote. "It seems reasonable that a jury could indict the officers for criminally negligent homicide."

On Tuesday, District Attorney Michael Schrunk responded to Handelman that the entire grand jury file would be turned over to Chasse's family upon conclusion of the review. But he cautioned that the grand jury's role is only to decide the narrow question of criminal liability.

"The answer to this question is not the same as to the one of whether the death was justified or whether anyone is or is not civilly liable in relation to that death," Schrunk wrote. "It is also not a decision as to whether appropriate procedures or resources are available for the mentally ill in circumstances such as these."

According to police, officers spotted Chasse acting oddly as if he either were on drugs or had a mental disorder, and then possibly urinating in the street before they walked up to him. When he ran, they chased him. Police said one officer pushed Chasse in the back, "which caused him to stumble to the ground."

What witnesses saw

Witnesses, though, said three officers forcefully tackled Chasse to the pavement and landed on top of him, then wrestled with him, repeatedly kicking and punching him in the chest and head.

Police say that Chasse tried to bite one officer, and that one officer pulled out a Taser gun and placed it to Chasse's torso to stun him. Police said the Taser didn't have an effect. Witnesses said it appeared Chasse went unconscious, and an ambulance and firefighter medics were called.

Portland Police Chief Rosie Sizer had no comment on the autopsy Tuesday. The chief and a supervising sergeant from the Detective Division plan to hold a news conference following the grand jury's ruling on the police investigation. She told members of the Chief's Forum on Monday morning that she would not prejudge the officers' actions until the investigation was done. Portland Sgt. Kyle Nice, Officer Christopher Humphreys and Multnomah County Sheriff's Deputy Brett Burton remain on paid leave as the investigation continues.

"We have to wait until the grand jury is done," said Officer Cathe Kent, a police spokeswoman. "The whole point is so the jury hears things firsthand and not backdoors like this."

Jason Sorrick, spokesman for AMR Ambulance, said he could not discuss the ambulance medics' actions in regard to Chasse. "Federal privacy rules are pretty clear," Sorrick said. "We can't discuss anything in regard to patient care."

Why the medics would defer to police on whether to take a person they examine to the hospital, Sorrick declined to answer as well. AMR medics declined to be interviewed by Portland detectives investigating the case and had to be subpoenaed to testify before the grand jury.

Tuesday, October 3, 2006

This Has To Stop

from Furious Nads

I have to come back to the Chasse death already because I need to come back to the officers involved.

In previous instances of officer-involved deaths, much discussion ensued from official corners about training of officers, and various re-examinations of that training inevitably followed. But we need to be clear on something now.

This isn't about training. It's about common sense, and common human decency.

These officers should not need training of any kind whatsoever to have known it might have been a good idea to actually tell the paramedics that James Chasse had been having trouble breathing.

These officers should not need training of any kind whatsoever to have thought that maybe their best and safest bet was to make sure James Chasse got to a hospital. Hell, that would have been the right course of action just from the standpoint of covering their own asses.

These officers should not need training of any kind whatsoever to have understood that no matter the circumstances, once they have someone in custody, their job is to protect and to serve that person, and that means thinking first of their health and well-being, not thinking first of getting that person to booking and moving on with their day.

This isn't about training. It's about being human.

Addendum: Briefly, to return to the apparent failure to inform paramedics of Chasse's observed condition prior to the paramedics' arrival. That alone should qualify this case for at least consideration of criminally negligent homicide, defined by ORS 163.145 as being "when, with criminal negligence, the person causes the death of another person".

ORS 161.085 defines "criminal negligence" as meaning "that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."

Chasse family attorney's statement

from KGW.com

STATEMENT BY ATTORNEY'S FOR JAMES CHASSE'S FAMILY


The family of James Chasse, Jr., believes it is in the public’s best interest at this time to have access to the information contained in the Medical Examiner’s report on Jim’s tragic death and is releasing the report for that reason.

The report is remarkable for several reasons. As set forth in the report: Jim was “of extremely thin build, weighing 145 pounds” and 5'9" tall. He was generally in good health. He had no alcohol or drugs in his system at the time of his death.

The examination revealed no indication of any illicit drug use.

The examination revealed the following external injuries: multiple contusions and abrasions to his head, chest, abdomen, upper extremities, lower extremities, and back. The examination also revealed the following internal injuries, including: right ribs #3 through #8 are fractured in a comminuted fashion [crushed or splintered into numerous pieces], approximately 1- 1/2" right of the sternal edge; left ribs #3 through #8 are fractured in a comminuted fashion, approximately 1- 1/2" left of the sternal edge; the fractures of both right and left ribs perforate the serosa; left ribs #3 through #8 are fractured approximately 6" to 8" left of the sternal edge in the lateral chest wall; there is intense hemorrhage present associated with these fractures; the fractured ribs perforate the serosa and the adjacent muscular structures; posterior left ribs #3 through #12 are fractured approximately 1- 1/2" left of the left side of the spinal column; the inner cortex of the ribs is fractured in two spots and chips away from the bone on ribs #5, #6 and #7; the ribs are fractured in displaced fashion and perforate the overlying serosa, and they penetrate into the left lung for a distance of approximately 1/4"; and there is intense hemorrhage into the soft tissue and musculature of the posterior left chest wall due to the rib fracture. Right posterior ribs #3 through #6 are fractured approximately ½" from the right side of the spinal column.

This means no fewer than 12 ribs were crushed and splintered, both in front and in back, so severely that his lung was punctured and he suffered massive internal hemorrhaging.

The family is continuing to investigate the circumstances of Jim’s tragic death and appreciates the cooperation the public has been providing.

If you have any information regarding what happened to Jim, you are urged to contact either of the following: Tom Steenson, the family’s attorney, @ 503 / 221-1792 or e-mail: gillian@sstcr.com David Halloran, the family’s investigator, @ 503 / 256-4704 or e-mail: dhalloran@runningblue.com

From "accident" to "tragedy"

from Jack Bogadanski's Blog

Today's the day that a Multnomah County grand jury will hear the story of the death of "Jim Jim" Chasse, an unarmed, mentally ill man, at the hands of Portland police on September 17. In theory, criminal charges could be brought against the officers involved in the killing, but let's face it, given the history of how these things go in the Rose City (and we get at least a couple of them every year, it seems), the odds against an indictment are 1,000,000 to 1.

Already the only guy who would be pushing for criminal charges, District Attorney Mike Schrunk, is using words that don't sound very prosecutorial. From yesterday, in LocalNewsDaily.com:
He predicted that 12 to 15 witnesses could be called to testify, adding that his office had invited Chasse family attorney Tom Steenson to submit the names of anyone the family thought should testify.

“It’s a tragedy and we want to present all the facts to the grand jury,” said Schrunk.

Catch that? It's not an "incident," not a "homicide," not an "event." Already it's a "tragedy." You can almost hear the justifications ready to roll out. Just as you could when the medical examiner called the death an "accident," despite the statements of the eyewitnesses who said the police needlessly brutalized Chasse.

I wonder if Schrunk's got another killer cop defender coming in as an expert witness, as he has in the past. I wonder if the original police story of why they chased Chasse down -- "strange behavior" and "possible public urination" -- will morph into something different.

Of course, we'll never hear most of what goes down today. Grand jury proceedings are secret, and although the eywitnesses will get their say, they won't be around when the police and the medical tech who let Chasse die get on the stand. You'll never hear their story in their own words. Defenders of the police in these cases always say, "Don't rush to judgment. Wait until all the facts are known." The problem is that they never are.

Barring the unthinkable -- an indictment -- the only way the officers will have to answer tough questions in public will be if the Chasse family sues the city and the case goes to trial. If the officers were in the wrong, the city will offer the family a big bucks settlement to go away quietly. It would be a great gift to the residents of Portland if they didn't.

We need to watch the mayor like a hawk on this one. Former police chief, commissioner in charge of the bureau -- even if no crime was committed, it appears that some fundamental principles of community policing were disregarded in this case, and he ought to have to answer to the public for that. Reporters Maxine Bernstein of the O and Jim Redden of the Trib can hold his feet to the fire -- if they dare.

Sources Say - Nothing ruins a vacation quite like a cop-involved shooting

from Portland Tribune

Last week, when Mayor Tom Potter blamed his staff for not interrupting his vacation to notify him of the controversial death in custody of James Chasse Jr., it was déjà vu all over again.

In 1992, police accidentally shot and killed 12-year-old Nathan Thomas while Potter was chief of police. Potter was on vacation and did not immediately return to town, claiming he did not learn about the incident for 11 days because his hotel in Mexico had no telephone.

But in 2004, while running for mayor, Potter told a different story to the Willamette Week, admitting the hotel did have a telephone – and blaming his staff for not calling him.

State police link ought to be broken

from the Portland Tribune

The role of a police officer and the job of a medical examiner ought to be independent functions. Yet Oregon’s unusual system of funding the state medical examiner’s office through the state police can blur that distinction.

The need for greater separation became apparent this week when state Medical Examiner Karen Gunson issued a finding that the death of James Chasse Jr. was an accident. The ruling has caused an uproar because the 42-year-old Chasse, who suffered from mental illness, apparently died from injuries inflicted by Portland police officers who were trying to subdue and arrest him.

Some people are questioning whether Gunson can be objective in the case. We aren’t prepared to say that Gunson’s findings were faulty. Nor do we question her credentials, integrity or professionalism.

But public perception is an important issue.

Citizens are wondering whether a medical examiner appointed by the superintendent of state police can truly be independent of police. Indeed, the vast majority of other states have different structures that provide for that independence. The models we prefer would place the state medical examiner’s office under the Oregon Supreme Court or a state health and medical commission.

Such a structure might not change the medical examiner’s rulings one iota, but it would remove any perceived conflict of interest when a medical examiner is called upon to investigate a matter involving a law-enforcement colleague.

Update: District Attorney looks limp on death in custody

from the Portland Mercury

Since originally posting this at 1:30pm, District Attorney Mike Schrunk has responded to suggestions that the stage is set for letting off the officers involved in the Chasse death in custody case, refusing to rule out indictment of the officers involved on criminal charges. Maybe he doesn’t look so limp, after all. This is what he told the Mercury just now:

Christine Mascal has tried death penalty cases and we have a regular assignment of senior deputies qualified to handle the most severe cases. I’ve met Christine on this case numerous times.

If you’re saying describing the incident as a tragedy sets the stage for letting people off, you’re nuts. These things should not happen.

It’s healthy that death in custody cases should go before a grand jury. Does that mean there’ll never be an indictment? No.

Original Post made at 1:30pm:
My prediction (you don’t need to be psychic to work here, but it helps): The cops involved in the death in custody of James Phillip Chasse, Jr. on September 17 are going to escape criminal liability.

District Attorney Mike Schrunk has delegated prosecution of the case to a deputy, Chris Mascal—and while it remains unclear how common it is to delegate high-profile cases in this way, Dan Handelman at Portland’s Copwatch says “it does seem unusual” —as though Schrunk is keen to distance himself from the case’s outcome.

Schrunk is now on record as calling the death “a tragedy”, but as commentators (including Bojack) are pointing out, such language, and now, Schrunk’s delegation, sets the stage for letting off the officers involved, amidst a round of public wailing about a lack of funding for the mentally ill. As Amy reported yesterday, Schrunk’s office is to meet with the Grand Jury today, with 15 witnesses expected to be called and the case expected to close out at the end of the week. Clearing the officers involved in Chasse’s death of criminal liability would still leave room for his family to pursue a civil suit against the officers, should they choose.

Will the officers be found criminally liable for Chasse’s death? Did they kill him? We’ll know, officially, by the end of the week. You can read an email from Schrunk, setting out his position, after the jump.
Thank you for your recent mail. The complete investigation into James Chasse's tragic death will be presented to the Multnomah County Grand Jury. I have spoken with his immediate family's attorney, Tom Steenson, and offered to have him or a representative of his office review the entire investigative file prior to the completion of the grand jury inquiry. I have also invited Mr. Steenson to forward the names of any witnesses or evidence he feels the grand jury should consider. The grand jury will focus on a narrow question: whether any person has criminal liability in Mr. Chasse's death. The answer to this question is not the same as to the one of whether the death was justified or whether anyone is or is not civilly liable in relation to that death. It is also not a decision as to whether appropriate procedures or resources are available for the mentally ill in circumstances such as these. In any event, should you have any further questions or comments please feel free to contact me again.

Very truly yours,

MICHAEL D. SCHRUNK
District Attorney

Autopsy shows fractured ribs led to Portland man's death

from Associated Press + KGW.com

A man who died in police custody suffered 16 broken ribs, including some that punctured a lung and caused massive internal bleeding, according to autopsy results released by his family.

James P. Chasse Jr., 42, died Sept. 17 after three officers struggled to arrest him in the Pearl District.

The state medical examiner's report also showed that Chasse suffered multiple bruises, contusions and abrasions to his head, chest and abdomen. Toxicology tests revealed no alcohol or drugs in his system.

According to police, officers spotted Chasse acting oddly as if he either were on drugs or had a mental disorder, and then possibly urinating in the street before they walked up to him. When he ran, they chased him.

Tom Steenson, the family's attorney, released the autopsy report because Chasse's family was disturbed by the extent of the injuries and is continuing its own independent investigation of his death. They highlighted that Chasse, who suffered from schizophrenia, had a slight build. He was 5 foot 9 inches tall and weighed 145 pounds.

In addition, a deputy medical examiner's initial investigative report done the night of Chasse's death indicates that paramedics who first evaluated a handcuffed Chasse on the street said they were not told Chasse may have gone into respiratory arrest. They also said they were unaware officers had used a Taser on Chasse, the report said.

The paramedics said they found Chasse conscious and his vital signs in the normal range, and let the police officers decide whether to transport Chasse to a hospital, Dwayne Bigoni, the deputy medical examiner, wrote in the report.

Police then shackled Chasse's ankles together, tied his feet to his hands in a "hog-tie" and drove him to jail, accusing him of resisting arrest and interfering with police. There, jail nurses determined he needed further medical attention, and police drove Chasse to Portland Adventist Hospital. He died en route.

When Chasse's body arrived for autopsy, his left chest appeared "flattened," the report said.

The state medical examiner, Dr. Karen Gunson, cited blunt-force chest trauma as his cause of death and wrote that the injuries were caused "by another person or a fall."

Gunson ruled the death an accident, but Chasse's family, witnesses and a police watchdog group have questioned her ruling, and at least one state lawmaker has called for a public inquest into Chasse's death.

"Jim had a difficult life, and its end was horribly, horribly unjust," Mark Chasse said when eulogizing his older brother at a private service on Friday.

The family attorney released the full autopsy report on the first day the Multnomah County district attorney's office presented the case to a grand jury for review. The grand jury is expected to hear more testimony Wednesday and make a ruling on whether anyone is criminally liable in Chasse's death.

District Attorney Michael Schrunk said Tuesday the entire grand jury file would be turned over to Chasse's family upon conclusion of the review. But he cautioned that the grand jury's role is only to decide the narrow question of criminal liability.

Autopsy: No Drugs, Alcohol In Man Who Died In Police Custody

from KOIN.com

The family of James Chasse Jr. has released the autopsy report detailing Chasse's physical condition at the time of his death.

Attorneys for the family of the man who died Sept. 17 in police custody call the 21-page autopsy report remarkable. They say it sheds light into the excessive force used by officers.

Initially, reports indicated that Chasse's death may have been the result of illicit drugs, but toxicology tests later confirmed that no drugs or alcohol were found in his body.

The medical examiner's report lists Chasse's injuries, which include multiple broken ribs, which led to a punctured lung and other internal injuries. The official cause of death is accidental blunt-force trauma to the chest.

A grand jury is looking at evidence in the case and considering possible criminal charges for the officers involved.

Monday, October 2, 2006

James Chasse - a poem

from the Portland Tribune

James Chasse - By Jay Thiemeyer

before
the callous disregard
before
the allegation
before the excess
before the kicks
before they sat on broke chest
before they stopped their car
before the man was even there!
Before the manslaughter
before the frieze of cops assembled
with paramedics who stood
all deciding over
the shackled Chasse
before terrorized curses
of a mad man
Jim-Jim defenseless before
the cops with their flack-jackets
before their badges took offense
before the Grand Jury
and before the prosecutor's skilled
orchestration of events
the man was not yet dead.

before the cops agreed
among themselves to be cops
before a man
before the question even came up
of what cops thought -
god knows what Jim-Jim said
much less what they heard -
or what they might be looking at:
less than nothing for them?
or worse, a target,
practice in the Pearl?
with a captive audience.
a show of force, zero-tolerance
for protected privilege
the Pearl assured they got
what they deserved and paid for.
Before the moment when they
might as well have thought
'a man is just a man'
and who is a brother's keeper?
or that bullying sadism has consequences
paid for by others
than those dead

before all that
whether indeed
'a man is just a man' or
that that is
all you need to know
in a civil society
and recognize the spoil of
thinking: "he was a homeless
blemish on the upscale;
he blasphened the Pearl.
He must have done something
to deserve what he got"
which seems to suffice for some
in their sacred scared gated world.

"Face it Jim-Jim -
though you're dead
perhaps you can hear me -
You got no rights, man
they disappear
for the likes of you.
you gave it up by being you,
even your Right to Life."

a blink and nod will never change
how fear responds with a gun
and a badge
to greater fear
the unknown madness

don't forget that, Jim-Jim
might do you some good some day

Copwatch To Schrunk: Do It Right This Time

With a grand jury scheduled to consider the officer-involved death of James Chasse tomorrow, Portland Copwatch is urging the District Attorney to provide an "aggressive and thorough" presentation. What follows is the full text of the letter Copwatch sent to the D.A.
October 2, 2006

District Attorney Schrunk:

We are writing to you today to urge you to present an aggressive and thorough case before the grand jury convening tomorrow in the case of the police in-custody death of James Chasse Jr.

By the accounts we have read of this case, Mr. Chasse:

* was unarmed
* was not posing a threat of serious bodily injury or death to police or the public
* suffered from mental illness
* died as a result of his inability to breathe caused in part by blunt force trauma to the chest during the struggle with police

Those same accounts indicate that the police officers involved:

* kicked Mr. Chasse in the head (as noted in the Portland Police directive on deadly force, the use of body parts can constitute the use of deadly force)
* Tasered Mr. Chasse repeatedly (an October, 2005 training memorandum warned against multiple uses of the Taser in part because "Repeated, prolonged and/or continuous exposure on the subject to the TASER electrical discharge may cause strong muscle contractions. These muscle contractions, especially if probes are placed across the chest and diaphragm, may impede breathing and respiration.")
* lay Mr. Chasse on his chest and "hog-tied" him despite his difficulty in breathing
* made the determination to take Mr. Chasse to jail rather than the hospital.

All of the above indicates that even if the officers did not intend to kill Mr. Chasse, they should have known that their actions could cause his death. It seems reasonable that a jury could indict the officers for criminally negligent homicide.

Your office has come under great scrutiny over the past few years in other cases which involved unarmed civilians dying at the hands of the police. To our knowledge there has never been an indictment of an on-duty officer for excessive use of force in Portland. In the last high-profile case, of James Jahar Perez, your office accepted paid testimony from a biased "expert" on police shootings to speak of "action-reaction" theories, which probably swayed the outcome of that case.

Attorney General Hardy Myers, when looking at the issue of deaths in police custody in 2005, recommended that transcripts of grand juries in these cases be released publicly. The Oregon Senate passed a bill to allow that transparency to happen, but the bill never made it to the house floor.

We would like to thank you for apparently agreeing with the Police Assessment Resource Center, which has been studying shootings and deaths in custody by the Portland Police, who recommended that deaths in custody be treated with the same procedures as police shootings. We hope it is never a question whether a death in custody should be presented to a grand jury.

Many members of the public are aware that the District Attorney's office has a very close relationship with the police and is thus reluctant to bring charges. It seems to us that an aggressive and thorough presentation of the facts in this case might lead to an indictment and the end of speculation that your office has a serious conflict of interest when considering police shootings and deaths in custody.

Sincerely,

Dan Handelman
Portland Copwatch

I've mentioned it before, but here's a quick refresher on the unethical manner in which the D.A. handled the officer-involved shooting of James Jahar Perez.

Chasse grand jury to meet Tuesday

from Portland Tribune

A Multnomah County grand jury will meet Tuesday to consider bringing criminal charges against the Portland and Multnomah County police officers involved in the death of James Chasse Jr.

Chasse is the mentally ill man who died after being arrested by Portland police near the corner of Northwest 13th Avenue and Northwest Everett Street on Sept. 17. Oregon State Medical Examiner Karen Gunson conducted an autopsy and determined that Chasse died of “blunt force trauma to the chest,” ruling the death “accidental.”

Police admit knocking Chasse down and using a Taser to subdue him during the arrest. Three witnesses have filed complaints with the city alleging the officers used excessive force, including kicking Chasse in the chest and head.

Present at the arrest were Portland police Sgt. Kyle Nice, 39; Portland officer Christopher Humphreys, 31; and Multnomah County Sheriff's Office Deputy Brett Burton, 26.

Multnomah County District Attorney Mike Schrunk said the grand jury could meet for more than one day. He predicted that 12 to 15 witnesses could be called to testify, adding that his office had invited Chasse family attorney Tom Steenson to submit the names of anyone the family thought should testify.

“It’s a tragedy and we want to present all the facts to the grand jury,” said Schrunk.

On Monday morning, the grassroots police oversight group Portland Copwatch sent Schrunk a letter urging his office to make an “aggressive and thorough” presentation to the grand jury. According to the letter, the officers who arrested Chasse may have violated bureau policies on the use of deadly force during the arrest.

“It seems reasonable that a jury could indict the officers for criminally negligent homicide,” Copwatch activist Dan Handelman wrote in the letter.

Schrunk would not comment on the letter but said he has ruled out convening a public inquest on the incident after the grand jury finishes its work.

“A public inquest is helpful when the facts are in dispute, but this happened in front of witnesses,” said Schrunk.

Sunday, October 1, 2006

From the Web Diary of Eva Lake

From Eva Lake's LoveLake

an artist, October 31 2006

Why the art world did not pick up on this story of an artist murdered is something I wonder about. The Mercury Blog, posted by Matt Davis, is the only one to really pick up on the artist that Jim Jim was (along with the first lead story in the O on Jim Jim with a real identity). Is the new guard here so still swept up in how the ‘biennial of 1999 changed everything’ and every biennial thereafter that they cannot see or consider the artist who came before their time or arrival?

What did we see in one drawing after another at the Affair and elsewhere amongst the new guard? ‘Bad drawing’ is almost celebrated and the more juvenile, the better.

I have nothing against this art, but I feel it is my duty to tell you who did it first here in PDX and who, in many ways, did it best: Jim Jim, with his spot-on yet childish scrawls, 'so deeply contrasted with his relatively sophisticated intellect' (Randy Moe’s words at the memorial) scattered throughout the Organ Organism (and I don’t need to tell you how cool fanzines are these days). What has changed here - outside of the fact that he did this in 1978? Is that uninteresting?

Memorial, October 28 2006

Last night the public memorial for Jim Jim was held at the First Congregational United Church of Christ downtown. KT Kincaid organized it. It was one of the most memorable nights of my life. I already know this. I never slept a wink after it, save to have one quick dream.

What was remarkable was the depth and articulance of everyone who came together, in their grief or in their love or in their agenda. Every time that I thought I would go, I had to stay. Every time I thought that perhaps: “This speaker will not have something to say to me” – the speaker did.

The recounts contrasted with family who knew a young man who loved to hike, to a group of friends who knew a young man who loved the Wipers. There was a notable shift when KT Kincaid went to the podium and I have to say, she was an incredible savant in her presentation of what punk was at that time, as a way of giving Jim Jim the right context.

I admired the tenacity of everyone, and those who say they will not give up, of those who say they will continue to love and of those who say they will ‘dog the police’. Those words were a moment, right there, coming from Jason Renaud. And as I came up to him, sort of nameless and full of wordless tears, others came up to me, strangers. It was like a circle of bearing witness.

In my dream red wine was spilled on a floor. I was at first worried about it, would it stain and how would I clean it up. Then I saw that I had two young children to worry over and I saw that they were fine. And that was what mattered. The spilled red wine was something I would figure out.

Vigil, October 25 2006


This coming Friday evening there will be a vigil for Jim Jim. You can find out more details about the vigil and this entire case here.

The opening for Randy Moe’s It’s a Sad Sad Sad Sad World had a bit of this flavor. People I literally had not seen since 1980 came, all friends of Jim Jim. Some came from far away too. The family was there, as well as CopWatch.

From the tenor of phone calls coming at me in the days leading up to the reception, I wasn’t sure what to prepare for. But it all turned out just fine.

The verdict, October 18 2006

The verdict of the grand jury came back and they said that the killing of Jim Jim was ‘accidental’. I still can’t get this processed through my heart. How many broken bones did he suffer? – was it 16? Piercing into his lungs and other organs, all the results of beatings from the police? I could not really read the autopsy report. He bled out in their wagon.

When I first heard of all of this, I thought dear God, I hope he was high, high as hell on something, so that he would not have felt all of that. But Jim Jim, despite what the police said right from the start (- calling him “a drugged out street-person” - I talked to the major eye-witness for the jury, who saw the whole ‘chase’ – if you want to call it that, from start to finish), poor Jim Jim was stone cold sober when he went through all of that. Not even any pharmaceuticals for all of those they wish to silence.

Portrait, October 6 2006

The Portland Mercury took a picture of Randy Moe’s portrait of Jim Jim and slogged it, to be included in the upcoming show at Chambers, which opens the 19th. We are hoping to have some xeroxed copies to look at of The Organism, the magazine he produced back in 1978/79, at the exhibition.