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Tony Norman
Raising cain by reinstating Abel
Friday, September 04, 2009

I'm a taxpayer who lives within Pittsburgh's city limits. That means I'm on the line for financial damages if Kaleb Miller wins his lawsuit against the city and police Officer Paul G. Abel Jr. for false imprisonment and excessive force.

Even so, I hope Mr. Miller is afforded some measure of justice, though it is not in my interest to see the city taken to the cleaners because of one officer's bad behavior.

On June 28, 2008, the then-20-year-old Mr. Miller was shot in the right hand as he tried to protect his head and face during a pistol-whipping conducted by Officer Abel. Off-duty at the time, the officer was administering old-school street justice to someone he believed assaulted him minutes earlier.

According to Mr. Miller's lawsuit, Officer Abel had been "yelling unintelligibly and was visibly drunk" during their encounter shortly after 2 a.m. on the South Side.

Officer Abel told Common Pleas Judge Jeffrey Manning during his non-jury trial for aggravated assault, reckless endangerment and driving under the influence that he had four beers and two shots that night.

One of the cops who arrived on the scene after the shooting testified that Officer Abel didn't look drunk to him. I wonder if this is the same standard usually applied to civilians pulled over for suspicion of drunken driving after they've had four beers and two shots?

For his part, Judge Manning limited the scope of the trial to whether Officer Abel pistol-whipped and shot Mr. Miller in good faith. As bad as the incident was, it would have been a whole degree of magnitude worse had the cop been found guilty of acting in a "retaliatory" fashion.

Incredibly, the question of whether Kaleb Miller had done anything to deserve his beat down is beside the point -- police officers have the discretion to "tune up" a suspect whether on or off duty, drunk or not -- as long as they keep the mayhem "official" and not personal.

While agreeing that what Officer Abel did was "inappropriate, imprudent and ill-advised," Judge Manning cleared Officer Abel of all charges. The defendant, who had been suspended without pay for a year, made it clear he wanted his old job back.

Last week, Officer Abel's union managed to get him reinstated over police Chief Nate Harper's vigorous objections. Officer Abel is now gunning for a partial recoup of his back pay.

Thwarted in criminal court, Kaleb Miller has filed suit against the city of Pittsburgh and Officer Abel in U.S. District Court for false imprisonment and excessive force.

It should be noted that the city tried to bounce Officer Abel shortly after he pistol-whipped and shot Mr. Miller last year. Now, Pittsburgh is being sued for damages along with Officer Abel.

There is little doubt that once a jury hears the case, including Officer Abel's history of violence, Mr. Miller will have a better shot at justice.

Still, the deck is stacked against him. Western Pennsylvania remains a place where juries are historically reluctant to rule against cops. We'll see whether this applies even to those accused of pistol-whipping innocent 20-year-olds late at night on the South Side.




And now, a word about the overwhelming majority of "good cops" on the city's payroll. Recently, I witnessed the aftermath of a brazen mugging while waiting for the 68G Downtown.

Within 90 seconds, several cop cars and an ambulance had converged on our spot on Smithfield Street. Five minutes later, several suspects were in custody. It was impressive police work by sober and dedicated professionals. I was proud to see my tax dollars at work that day.




For a long time, my bus route, the 68G, has benefited from the constancy and professionalism of a driver who is among the best this city has ever seen. To the Port Authority, he's badge 9707 out of East Liberty. To us, he's "Right-on-Time Ron."

Ron earned that nickname because he names every stop along the way. He is unfailingly courteous and even tempered even when someone darts in front of the bus on the East Busway. Most of all, he is never, ever late.

Yesterday, Ron told us that as of today, he won't be making the Swisshelm Park Express run anymore. He's been transferred. To say we're going to miss him is an understatement. Sure, our loss is another route's gain, but after such supreme punctuality, we're going to hate being at the mercy of randomness and chaos.

Tony Norman can be reached at tnorman@post-gazette.com or 412-263-1631. More articles by this author
First published on September 4, 2009 at 12:00 am