Return to Transcripts main page

American Morning

Elderly Man's Attorney, Police on Alleged Beating

Aired July 30, 2002 - 09:07   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: Many of us were stunned at the videotape that was made of a police beating in Inglewood, California, a few weeks ago. Well, in Nevada there is a shocking claim of police brutality. This time the family of 84-year-old Charles Walker says he was beaten by police in Henderson, Nevada, after his arrest on a traffic violation earlier this month. Walker is now hospitalized with multiple injuries, including a fractured hip and five broken ribs.

Joining us now from Las Vegas, Leo Flangas, the attorney for Charles Walker.

We do want to warn you about some graphic photos that we're going to look at a little bit later on.

And before we get to those, Leo, first of all, we want to find out how Mr. Walker is doing.

LEO FLANGAS, WALKER'S ATTORNEY: Good morning. Mr. Walker is doing much better. We were concerned because -- we were concerned because we thought that he would have to have hip surgery, they would have to put a pin in his hip. The doctors now tell us that he will be able to rehabilitate without doing that, which could have been pretty devastating for an 84-year-old man.

ZAHN: We want to warn people, particularly those that are usually eating breakfast at this time of the morning, what they're about to see. People will find disturbing, but this is what Mr. Walker looked like when he came to the hospital.

Describe to us what happened to him. How did he end up in this condition at the hands of police?

FLANGAS: Well Mr. Walker was driving to the Rainbow Club. It's a casino and restaurant that he goes to three times a day. He's been doing that for the past two decades. He lives in Henderson. He's lived there for the last 50 years. And he was driving there.

He was waiting for a parking space to open up. A police officer pulled up behind him and turned on his lights. Mr. Walker then proceeded to pull into the parking space. The officer told him to sit on the curb. The officer was agitated at this time.

Mr. Walker told him that he was elderly, he was 84 years old and handicapped and he couldn't -- could not get down that low. The officer then decided to pepper spray him, force him to the ground, drag him, handcuff him. And as you know, Mr. Walker suffers now from five broken ribs, a fractured hip, multiple contusions, scrapes, cuts, swelling in both shoulders, asphalt burns from being dragged, and he was in pretty bad shape.

ZAHN: Mr. Flangas, let's come back to the point of the story where there is a great deal of conflict, before the point at which the pepper spray went on Mr. Walker. The police claim that Mr. Walker was violent, that he resisted arrest and that he was not responsive to police requests.

FLANGAS: That's absolutely untrue. Mr. Walker was told to sit on the curb. Mr. Walker told him that he could not sit on the -- on the curb.

You have to realize the condition of Mr. Walker prior to this attack. He is 84 years old. He's disabled. He walks very slow. He actually shuffles when he walks. And he could not get down that low.

This police officer was agitated already because Mr. Walker pulled into the parking spot. And within seven seconds of the officer walking up to Mr. Walker and confronting him, the police officer pepper sprayed him.

ZAHN: So you're saying...

FLANGAS: So there wasn't...

ZAHN: So you're saying the police are lying here?

FLANGAS: I'm saying that Mr. Walker, there was absolutely no reason for this police officer to attack Mr. Walker. Mr. Walker did nothing wrong. There was no valid reason for this police officer to actually pepper spray him and drag and force this person to the ground.

ZAHN: I understand that there is a videotape out there that will show exactly what happened to your client. Do you have it?

FLANGAS: I've viewed the videotape. It's a videotape from afar. It shows the silhouettes. But what it does show -- what it does show does corroborate Mr. Walker's story...

ZAHN: If that's the case,...

FLANGAS: ... of what he said happened.

ZAHN: Yes, if that's the case, why haven't you released it?

FLANGAS: I just received the videotape two days ago, and what I'm trying to do is get the videotape enhanced.

ZAHN: One final question for you, is it true that your client refused help from paramedics at the scene?

FLANGAS: That is not true. What is true -- let me explain to you Mr. Walker's state after this incident. He was disoriented. He was in shock. He did not even realize that there was a fire engine there. The fire department came out. He didn't even realize that paramedic crews were out there or that a fire engine was out there.

Witnesses describe him after the incident, he had blood all over the left side of his face, he had mucous hanging from his nose from the pepper spray. He was disheveled. He was definitely disoriented. I don't think Mr. Walker knew what was happening after that.

ZAHN: We unfortunately got to leave it there this morning. Mr. Flangas, thank you for coming on and explaining what you know about the case.

As we mentioned -- appreciate your time.

As we mentioned, the Henderson, Nevada, Police Department is investigating this incident.

We are joined now by Henderson Police Chief Michael Mayberry who is in Las Vegas this morning.

Good morning, thank you very much for joining us this morning.

MICHAEL MAYBERRY, HENDERSON, NEVADA, POLICE CHIEF: Good morning.

ZAHN: Were you able to hear anything that Mr. Flangas just had to say?

MAYBERRY: I was able to hear some of it, yes.

ZAHN: I know you're very limited as to what you can say about this case, any reaction to his charges?

MAYBERRY: You know I wish I was in a position to debate the things that Mr. Flangas said. But, unfortunately, I'm restricted by policy and by our past practice involving -- when it comes to Internal Affairs investigations. I am actually the final arbiter for the police department and make the recommendation as to disciplinary action, if it's warranted, up to and including termination. So it'd be inappropriate for me to get in an arguing the facts with Mr. Flangas.

I, too, saw those pictures of Mr. Walker. And as soon as I saw them, I don't think there's anyone who could look at those pictures and not be disturbed. And when I saw the pictures, I immediately ordered an Internal Affairs investigation and from my office gave it the highest priority at the Henderson Police Department.

In addition to that, within a day, I contacted our local office of the FBI. And I requested that they come in and do an independent investigation and have an outside agency actually take a close look at the Henderson Police Department and determine what the facts are here because what I need to go by are by -- are the facts. I recognize that those pictures stir emotion in all of us. They do in me as well. But unfortunately, I need to deal with the facts. ZAHN: And as this investigation goes on, you have made the decision to keep the two officers who were on duty during the time of this beating on the payroll and on active duty. Why is that?

MAYBERRY: Well, what we've done is we've kept them on the payroll and on active duty but we've taken them off of the street and put them in a -- in an assignment where they won't have contact with the public until we can get a little further down the road with this investigation.

ZAHN: Chief Mayberry, what help do you think the FBI is going to give to you?

MAYBERRY: Well you know I think that for everyone an outside look by the Federal Bureau of Investigation will give us what most people would believe, including myself, an objective look from the outside as opposed to an -- just us doing an Internal Affairs investigation. I believe that all of our Internal Affairs investigations are done objectively, but I think that certainly there are people who think that police departments in these kind of instances rubber-stamp what goes on. So I think that by calling in the FBI we've pulled out all the stops and in allowing our police department to be looked at and reviewed. And when we find out what the facts are, then we'll know what course of action to take.

ZAHN: Even you this morning, Chief Mayberry, have conceded how disturbing you found these pictures and you know the kind of emotions this stirs in the American public when they see the victim and what he looks like in a -- in a hospital bed, an 84-year-old victim. And you know, once again, we're trying to recognize the constraints you have, rules regarding internal investigations, but is there anything you can say this morning that might shed a little bit of light on what went wrong here?

MAYBERRY: I am not sure, in all honesty, whether or not anything went wrong here. I wish police departments had the ability to pick and choose who we came into contact with and the circumstances under which we come into contact with them. Unfortunately, you know, I don't think any officer wants to be in a situation where he is in a physical confrontation with an 84-year-old person. And, unfortunately, sometimes we're unable to pick and choose those cases. This is an extremely unfortunate incident.

We at the Henderson Police Department are concerned for the -- for the Walker family. And I can assure you that we'll get to the bottom of this, get to the facts and do the right thing.

ZAHN: Are they due an apology -- the Walker family?

MAYBERRY: I don't -- I don't know that they're due an apology. I would imagine that -- you know from my point of view I certainly am sorry when I look at those pictures for what occurred to the Walker's. But whether or not anything was done improperly by my police officers remains to be seen. But I assure you that we will get to the bottom of it. And once we do know all the facts, we will release them. ZAHN: And we will look forward to hearing more from you when you can share more with us about the internal investigation and appreciate your getting up at this early hour of the morning to join us on AMERICAN MORNING.

MAYBERRY: I look forward to doing it again.

ZAHN: Thanks, Chief -- the chief of the Henderson Police Department, Michael Mayberry.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com