Justice Department investigating police beating of CAPA student
-
Jordan Miles, swollen and bruised after his arrest in Homewood, in a photo taken by his mother.
Share with others:
The Department of Justice Wednesday confirmed that its civil rights division has opened an investigation into the Jan. 12 arrest and beating of Pittsburgh high school student Jordan Miles.
The announcement means that the criminal probe will likely be focused in Washington, although a Western Pennsylvania grand jury last week issued a subpoena for city records regarding the case.
"I can confirm that the Justice Department Civil Rights Division has opened an investigation into the matter," said department spokesman Alejandro Miyar.
The federal grand jury here subpoenaed interview records for seven people, including five city police officers, as part of a look into complaints of police brutality in Mr. Miles' case.
The subpoena does not, however, seek copies of the testimony of the three officers currently under scrutiny in connection with the case. Federal court precedent precludes a jury from seeking such information under Fifth Amendment protections.
The likelihood that prosecutors are considering a criminal probe into the incident was hinted at in a two-page subpoena delivered March 9 to the city law department.
"Do not include any report of an interview of an officer or employee that has been provided after some form of immunity from prosecution has been extended, to include a promise that the interview will not be used to prosecute the interviewee for a criminal offense," the subpoena's language advises.
None of those whose testimony is sought is thought to be a subject of any criminal investigation.
Under scrutiny in the wake of the incident are Pittsburgh police Officers Michael Saldutte, Richard Ewing and David Sisak. The officers were riding in what police call a "99" car, assigned to aggressively rid problem areas of drugs and guns.
Mr. Miles, an honor student at Pittsburgh's Creative and Performing Arts High School, said the undercover officers attacked him without cause as he walked in his Homewood neighborhood. He was charged with aggravated assault, resisting arrest and defiant trespass, but a magistrate judge later dismissed the case.
Police have said that Mr. Miles was in a darkened space between two houses and appeared to have a heavy object in his coat that they thought was a gun, then attempted to flee and fought with officers. The officers have said the object turned out to be a bottle of Mountain Dew, which Mr. Miles' attorney has denied.
An attorney for one of the three officers under investigation said the three officers took and passed a polygraph test in connection with the case.
Mr. Miles' attorney has also said that his client passed a polygraph test in connection with the case.
Attorney James Wymard, who represents Officer Sisak, said his client would cooperate fully with the grand jury probe.
"If we get notified to appear ... we'll make our statements and we'll defend them ... and the position that they took," he said.
First Published March 18, 2010 12:00 am
