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Original: http://blogs.houstonpress.com/hairballs/2008/12/galveston_false_arrest.php It was a little before 8 at night when the breaker went out at Emily Milburn's home in Galveston. She was busy preparing her children for school the next day, so she asked her 12-year-old daughter, Dymond, to pop outside and turn the switch back on. As Dymond headed toward the breaker, a blue van drove up and three men jumped out rushing toward her. One of them grabbed her saying, "You're a prostitute. You're coming with me." Dymond grabbed onto a tree and started screaming, "Daddy, Daddy, Daddy." One of the men covered her mouth. Two of the men beat her about the face and throat. As it turned out, the three men were plain-clothed Galveston police officers who had been called to the area regarding three white prostitutes soliciting a white man and a black drug dealer. All this is according to a lawsuit filed in Galveston federal court by Milburn against the officers. The lawsuit alleges that the officers thought Dymond, an African-American, was a hooker due to the "tight shorts" she was wearing, despite not fitting the racial description of any of the female suspects. The police went to the wrong house, two blocks away from the area of the reported illegal activity, Milburn's attorney, Anthony Griffin, tells Hair Balls. After the incident, Dymond was hospitalized and suffered black eyes as well as throat and ear drum injuries. Three weeks later, according to the lawsuit, police went to Dymond's school, where she was an honor student, and arrested her for assaulting a public servant. Griffin says the allegations stem from when Dymond fought back against the three men who were trying to take her from her home. The case went to trial, but the judge declared it a mistrial on the first day, says Griffin. The new trial is set for February. "I think we'll be okay," says Griffin. "I don't think a jury will find a 12-year-old girl guilty who's just sitting outside her house. Any 12-year-old attacked by three men and told that she's a prostitute is going to scream and yell for Daddy and hit back and do whatever she can. She's scared to death." Since the incident more than two years ago, Dymond regularly suffers nightmares in which police officers are raping and beating her and cutting off her fingers, according to the lawsuit. Griffin says he expects to enter mediation with the officers in early 2009 to resolve the lawsuit. We've got calls in to the officers' lawyer; we'll let you know if we hear something. Update: This is from the officers' lawyer, William Helfand:
December 18, 2008 -- Reason Online (US)Another "Isolated Incident"By Radley BalkoOriginal: www.reason.com/blog/show/130642.html But not a drug raid. A prostitution raid. It was a little before 8 at night when the breaker went out at Emily Milburn's home in Galveston. She was busy preparing her children for school the next day, so she asked her 12-year-old daughter, Dymond, to pop outside and turn the switch back on. As Dymond headed toward the breaker, a blue van drove up and three men jumped out rushing toward her. One of them grabbed her saying, "You're a prostitute. You're coming with me." Dymond grabbed onto a tree and started screaming, "Daddy, Daddy, Daddy." One of the men covered her mouth. Two of the men beat her about the face and throat. As it turned out, the three men were plain-clothed Galveston police officers who had been called to the area regarding three white prostitutes soliciting a white man and a black drug dealer. All this is according to a lawsuit filed in Galveston federal court by Milburn against the officers. The lawsuit alleges that the officers thought Dymond, an African-American, was a hooker due to the "tight shorts" she was wearing, despite not fitting the racial description of any of the female suspects. The police went to the wrong house, two blocks away from the area of the reported illegal activity... So you'd think that after the police figured out they had the wrong house, they'd apologize, and possibly even compensate the girl and her family. According to the lawsuit, you'd be wrong: After the incident, Dymond was hospitalized and suffered black eyes as well as throat and ear drum injuries. Three weeks later, according to the lawsuit, police went to Dymond's school, where she was an honor student, and arrested her for assaulting a public servant. Griffin says the allegations stem from when Dymond fought back against the three men who were trying to take her from her home. The case went to trial, but the judge declared it a mistrial on the first day, says Griffin. The new trial is set for February. I have a call into the Galveston district attorney and with Dymond Milburn's lawyer. We're going on a press account of one side of a lawsuit, here. So it's possible-and I would hope-that there are some important details missing. Otherwise, a police mistake leads to an innocent 12-year-old getting violently snatched up and roughed up by a group of plainclothes cops jumping out of a van . . . and they charge her for resisting? Also visit our "Prison and Police Abuse" section. |
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