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MARYLAND
EBOLA ALERTS: The patients isolated at
Howard University Hospital and Shady Grove
Adventist Hospital have been determined not to
have Ebola, but public health officials, including
those in Maryland, remain vigilant. NEWS PG 2
WORLD
CATHOLICSYNODOPENS:Aglobalassembly
of Roman Catholic bishops starting today is
shaping up as a showdown of Pope Francis’
papacy.Thesynodonthefamilywillbeattended
by more than 250 people, nearly all of them
bishops, and also13 married couples. NEWS PG 7
SUMMARY
OF THE NEWS
TODAY’S WEATHER
SUNNY
60HIGH
42LOW
Partly sunny on Monday SPORTS PG 10
Hospitalized with a frac-
tured ankle and broken
jaw, John Bonkowski
reached for his smart-
phone to find details about the man who
beat him outside a parking garage near the
Inner Harbor.
He typed “Officer Michael McSpadden”
into Google.
The results stunned Bonkowski. He
found references showing that the longtime
Baltimore officer had been accused in three
separate civil lawsuits: of kicking and
stomping a woman, of breaking a man’s
wristandofbeatingamanunconsciouswith
a police baton. Settlements in those lawsuits
had cost city taxpayers more than $485,000.
“It’s really sickening to me,” Bonkowski
recalled recently, adding that he couldn’t
believe McSpadden was able to stay on the
police force for so long.
After two surgeries, Bonkowski also sued
McSpadden. In a settlement, the city agreed
in April to pay Bonkowski $75,000.
McSpadden is not the only Baltimore
officer who has faced multiple lawsuits,
forcing the city to pay hundreds of thou-
sands of dollars on court judgments and
settlements, a six-month Baltimore Sun
investigation has found.
The investigation — which has led to an
inquiry by the U.S. Department of Justice —
revealed that police leaders, city attorneys
and other top officials were not keeping
track of officers who repeatedly faced
lawsuits with allegations of brutality.
City lawyers did not understand the full
extent of McSpadden’s string of lawsuits
untilthisJuly—afterTheSunstartedasking
questions about the officer. The Law
Department was unaware that McSpadden
Civil wrongs
Baltimore has paid more than $600,000 to settle lawsuits
alleging brutality by one police officer, and a handful of others
have been sued multiple times. But the city has been slow
to adopt the means to identify and track these cases
John Bonkowski settled a lawsuit for $75,000 with the city over allegations that he was beaten by a police officer.
LLOYD FOX/BALTIMORE SUN
The
series
Second in a
series of
occasional
articles on
alleged police
brutality cases
against the
Baltimore City
Police
Department
Inside
Federal
investigations
often lead to
charges
NEWS PG 4
By Mark Puente | The Baltimore Sun
See POLICE, page 20
SUN INVESTIGATES
When Orioles catcher Matt Wieters
went down for the season with an elbow
injury in May, baseball savants were ready
to throw dirt on the team’s chances. The
three-time All-Star not only played a key
position, he was a crucial part of the team
leadership.
The Orioles front office, led by Dan
Duquette, swung into action. They traded
for a veteran catcher and gave more
playing time to a rookie. The pair handled
pitchers well, hit more than a dozen
homers combined and helped drive in
more runs.
Now the Orioles lead the Detroit Tigers
2-0 in the best-of-five American League
DivisionSeries,enroutetowhatBaltimore
hopes is its first World Series in more than
three decades. It’s an unexpected outcome
after many predicted the team would
finish well behind the Boston Red Sox,
Tampa Bay Rays and New York Yankees in
the AL East.
But to those at the Orioles Warehouse,
the team’s success this year has been a
carefullycalculatedoutcome,onebasedon
countless moves such as the ones to
replace Wieters.
Turns out the Orioles in uniform aren’t
the only ones who function as a team.
Behind the scenes, Duquette’s front office
Orioles take team approach in front office, too
Club relies on old-school
scouts, cutting-edge stats
By Jonathan Pitts
The Baltimore Sun
See FRONT OFFICE, page 22
In deep-blue Maryland, it’s the white
Republican running for governor who has a
direct message for black voters.
GOP nominee Larry Hogan has can-
vassed along inner-city streets and spoken
to students at a historically black college in
Bowie. He says his party has too often
overlooked African-American voters — and
argues his job-creating economic policies
are just what’s needed to address the
community’s high jobless rate.
“Unemployment
has doubled under
this administration
and we’ve lost
100,000 jobs,” Ho-
gan told a mostly
black audience at
Bowie State last
month. “But if
you’re young, or
you’re black, it’s
even worse. And if you’re a young, black
male, the unemployment rate is twice as
high. There are serious issues out there.”
Democrat Anthony G. Brown — whose
election would give Maryland its first black
governor — often campaigns before Afri-
can-Americangroups,butstudiouslyavoids
talking about minority voters. He prefers a
broad message of inclusion, saying his
policies are designed to make life better for
everyone.
“Maryland needs a governor who is
going to be fighting for families regardless
ofrace,ethnicity,nationality,geographyand
other sorts of demographics,” Brown said
when asked about his message for black
voters. “We need someone who is going to
fight for all Marylanders.”
African-American voters make up about
a quarter of the electorate in Maryland,
enough to swing a contest. They tend to
See MINORITIES, page 22
MARYLAND VOTES
Varying
messages
to black
voters
In governor’s race, Hogan
takes more direct approach
while Brown remains broad
By Erin Cox
The Baltimore Sun
Inside
Brown, Hogan
strongly differ
on business
climate
BUSINESS PG 1
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NEW 2014.5
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2. 20 THE BALTIMORE SUN | NEWS | SUNDAY, OCTOBER 5, 2014 D
SUN INVESTIGATES
was battling more than one lawsuit arising from
incidents in 2012. And City Hall leaders learned about
McSpadden’s history just two days before the Board of
Estimates agreed to settle another excessive-force
lawsuit involving him. The total cost to taxpayers for
five lawsuits: more than $624,000.
Theinvestigation,whichfocusedonsettlementsand
court judgments since 2011, also found that multiple
cases related to allegations of assault, false arrest and
false imprisonment have not hindered some officers
from promotion. In one case, for example, two officers
were sued by a Baltimore man who won $175,000 in a
jury trial, but they now have a higher rank — a problem
that police blame in part on civil service rules.
The Baltimore Police Department, like others
around the nation, has a policy designed to protect
people under arrest. Part of its general orders state that
officers are to “ensure the safety of the arrestee” when
taking people into custody. But The Sun’s investigation
found that officers do not always follow policy in
reporting the use of force, making it harder for agency
leaders to detect problems.
On Friday, Police Commissioner Anthony W. Batts
said the Department of Justice would conduct a civil
rights investigation into the allegations of brutality and
misconduct. He and Mayor Stephanie Rawlings-Blake
said they requested the probe after the issue was
highlighted in The Sun, but added that the problems
arose before they took charge.
City officials, who say some lawsuits against police
are frivolous, add that they are improving the systems
that track problem officers — especially those who are
repeatedly the subject of lawsuits. And police leaders
pledge that officers who have recently sustained
complaints of egregious behavior will be bypassed
whenever possible for promotions.
Still, some city practices, including the sparse
information released about proposed settlements, have
limited the public’s knowledge about police mis-
conduct.Insuchsettlementagreements,thecityandits
police officers do not acknowledge any wrongdoing,
and the residents who sued are prohibited from talking
in public or to the news media about the allegations.
OfficialssuchasCouncilPresidentBernardC.“Jack”
Young and Comptroller Joan Pratt have called for
changes that would increase transparency and provide
more information about misconduct to the public.
David A. Harris, a University of Pittsburgh Law
School professor and expert on police misconduct,
questions the leadership of the agency. He said he was
surprised that Baltimore lacked a comprehensive
tracking system like those in departments in other
major cities. “There is no excuse for that in the modern
world,” Harris said. “That speaks to the level of
supervision there.”
One officer, many lawsuits
McSpadden joined the force in1993. Within a couple
of years, allegations of brutality arose.
In 1995, the young patrolman was accused of
dragging, stomping and kicking a handcuffed woman
onRayleighAvenuenearMountCarmelCemetery.The
court file in the state archives shows that the woman’s
lawsuit was settled but doesn’t list an amount. The city
could not find financial records about the settlement.
In 1996, a manager at a heavy equipment company
accused McSpadden of breaking his wrist after officers
confronted him walking near the Broadway Market in
Fells Point. He was not arrested. A Baltimore jury
awarded the man $1 million, but a judge reduced the
damages to $100,000. He appealed, and jurors in a
second trial awarded him $335,000.
On Thanksgiving eve in 1999, McSpadden and four
other officers accused a 62-year-old man of kidnapping
his grandson on East Baltimore Street across from
Patterson Park. The man claimed that one officer
clobberedhimintheheadwithasteelhockeypuck,and
McSpadden and the others beat him unconscious with
batons. The city settled the case for $152,500.
It is also unclear whether McSpadden was dis-
ciplined or received counseling for those incidents.
State law shields the personnel files of government
employees from the public, and police officials
generally will not talk about individual officers.
The May 2012 incident that led to Bonkowski’s
injuries came after a concert by rapper Yo Gotti at
Baltimore Soundstage. The Baltimore shipping clerk,
who had been drinking, stopped his car at a gate in the
Water Street garage, but he didn’t have the fee.
Hehitthegas.Thegatecrumbled.WhileBonkowski
waited at a red light, two city officers who were
moonlighting at the garage yanked him from the car.
“Next thing I know, I’m being pummeled, being
beaten,” Bonkowski recalled in a recent interview that
mirrored statements in his lawsuit. “I just remember
I’m face flat on the ground. I had my hands over my
head. Next thing I know I just pretty much lose
consciousness.”
Bonkowski pleaded guilty to driving under the
influence and served a year of probation. He said he
sued McSpadden and Officer Harvey Martini in the
hope they would be fired.
Incourtfilings,theofficersprovidedanotherversion
of events, saying Bonkowski crashed into another car
and then hit McSpadden. To explain the injuries, they
also said that Bonkowski had been assaulted by five
unknown men at a club on East Baltimore Street.
McSpadden, who is now 43, said Bonkowski hurt
himself by engaging in “horseplay” outside the club.
Baltimore police would not allow its officers to be
interviewed by The Sun about this case or others.
Annual base salaries for the officers ranged from
$62,000 and $89,000.
Bonkowski — whose medical expenses and lost
wages totaled nearly $46,000, according to court
records — admitted he triggered the incident. But he’s
still. “I ran through a parking pole,” he said. “That
doesn’t justify a beat down.”
Data not tracked
Since 2011, city police officers have faced 317 lawsuits
for civil rights and constitutional violations such as
false imprisonment, assault and false arrest. The Sun
investigationshowedthateventhoughthecityhaspaid
out $5.7 million on settlements and court judgments
over that period, it lacked a system to monitor lawsuits
against officers. And in almost every case, the people
who received settlements or won court judgments
were cleared of any criminal charges.
Deputy Commissioner Jerry Rodriguez says the
Police Department started tracking the lawsuits earlier
this year, around the same time The Sun began its
investigation. The data will be combined with a system
thattracksmatterssuchasinjuriesfromarrests,citizen
complaints, use-of-force reports and administrative
investigations.
The agency did not enter old lawsuits into the
system, however. So several previous incidents in-
volving McSpadden would not show up on a report.
The city’s Law Department has also lacked a system
to identify police officers who show up repeatedly in
lawsuits. The city hires law firms for those cases, and
City Solicitor George Nilson says it is difficult to check
thestatusofcasesoncethey’reoutsidethedepartment.
Nilson said he knew the city had a problem in July.
The plaintiffs in yet another lawsuit against McSpad-
den made allegations about a harrowing encounter in a
city parking garage, one that occurred soon after the
Bonkowski incident. They also sued the garage
operator, accusing the company of negligence for
allowing the officer to keep his secondary security job
atthecity-ownedgarage.Nilsonthenlearnedaboutthe
earlier lawsuits.
Nobody at City Hall knew McSpadden was the
subject of two concurrent lawsuits resulting from the
incidents in 2012. The reason, Nilson said, was that
different outside firms handled the cases.
“We kind of learned by mistake,” he said. “That was
the first time I heard about the McSpadden issue. We
didn’t possess that info in one place.”
McSpadden declined requests to comment.
Details obscured
Othertopofficials—andthepublic—areofteninthe
dark about details of alleged brutality, due to the way
proposed settlements are vetted before the city
spending board.
A two-page memo, submitted to the Board of
Estimates before a July meeting, illustrates the issue.
According to a summary, Bolaji Obe of Baltimore and
Akinola Adesanya of Towson said McSpadden hand-
cuffed and assaulted them in the Water Street parking
garage in June 2012. Obe said McSpadden, who was
moonlighting in uniform, punched him in the face. The
officer accused Obe of urinating in the garage and said
he defended himself as Obe threatened him.
The memo also said: “Obe jumped out of his seat
with clenched fists. In response, McSpadden contends
that he then struck Obe on his left side of his face in
order to defend himself.”
McSpadden provided detail in charging documents:
“Mr. Obe assumed an aggressive stance, clenched his
fist and postured his body as if he was going to attack
Det. McSpadden [who] was in fear for his safety and
reacted without hesitation to prevent any bodily harm.
Mr. Obe was quickly subdued by one strike of a closed
fisttotheleftsideofhisface.Mr.Obefelldownandwas
handcuffed without further incident.”
But the Board of Estimates memo did not include
more serious allegations contained in the lawsuit
brought by Obe and Adesanya.
According to that lawsuit, the officer held Obe and
Adesanya at knifepoint. McSpadden also demanded
that one of them remove a shirt to wipe up urine on the
floor,andpunchedObeinthefacewhenhishandswere
handcuffed behind his back, the documents state.
McSpadden wielded “a knife with a blade approxi-
mately 4 or 5 inches in length … all the while making
stabbing motions toward them and also threatening to
slash the tires” on their car, the lawsuit says.
AsecuritycameravideoobtainedfromtheBaltimore
City Parking Authority contradicts McSpadden’s ac-
count of a confrontation. On the video, Obe is brought
into a garage office and sits on a stool. McSpadden
handcuffs Obe’s hands behind his back, leaves and
re-enters the room. Moments later, he moves behind
the still-seated Obe, to a spot out of the camera’s range.
Seconds later, Obe falls off the stool and out the door.
He is motionless on the floor of the garage. McSpadden
then stands over Obe and wipes something off his face.
He picks Obe up and leans him against a wall.
The lack of detail in Board of Estimates memos is
common when settlements are brought before the
panel,whichincludesthecomptrollerandCityCouncil
president. Summaries typically stick to charging
documents.Ifcityofficialshadlookedintodetailsofthe
lawsuit, they would have had a clearer picture of the
allegations of violence.
City Council President Young, who also called for a
Department of Justice inquiry, questioned the trans-
parency of Rawlings-Blake’s administration.
“I have a real problem with that,” Young said about
not being told about earlier brutality allegations and
prior payouts. “They’re not telling us the whole story.”
He added: “The question I would have asked is,
‘WhatarewedoingtobringDetectiveMcSpaddeninto
find out what is going on with him?’ ”
Another board member agreed. “The Board of
Estimates should be made aware if it is a reoccurring
officer,” Pratt said. “The Law Department should
inform the board of this information.”
Police officers often moonlight at bars, clubs and
other businesses while in uniform. According to their
union contract, the city agrees to defend an officer in
“litigation arising out of acts within the scope of his or
her employment,” which includes second jobs.
Asked why the administration didn’t tell board
members about brutality allegations in McSpadden’s
fifth lawsuit, Rawlings-Blake told The Sun that “the
complaint is public” record, noting that a reporter
found it.
She then deferred to deputy city solicitor David
Ralph,whosaidearlierlawsuitswerenotrelevant.“We
don’tmentionalltheextremeallegations.Wetalkabout
the core facts of the complaint. There’s another side to
the [allegations].”
Nilson said he offered to brief Young about
McSpadden a day before the board voted on the latest
$62,000 settlement in July but the council president
never responded.
Banned from moonlighting
Others knew about McSpadden — even though city
leaders didn’t.
Shirley Merritt, senior facility manager for Central
Parking, told The Sun that the Baltimore City Parking
Authority had banned McSpadden last year from
working there while off duty. The garage operator,
named as a defendant in the lawsuit brought by Obe
and Adesanya, settled for an undisclosed amount.
During a deposition, one of Obe’s attorneys, Richard
Multiple suits for some officers
Former police officer David Reeping says that the city moves too quickly to settle some lawsuits.
ALGERINA PERNA/BALTIMORE SUN
POLICE, From page 1
Officers who were sued
Some Baltimore police officers have been sued several times in civil cases and the city has paid court
judgments or settlements. Here is a summary of the cases, based on court records.
Detective Michael McSpadden, 43, joined force 1993
2012: Bolaji Obe and Akinola Adesanya accused McSpadden of beating them in a Water Street parking garage.
The city settled the lawsuit in July 2014 for $62,000.
2012: After driving under the influence, John Bonkowski accused McSpadden and another officer of breaking
his wrist and ankle. The city settled the lawsuit in April 2014 for $75,000.
1999: Lacey Burnette accused McSpadden and other officers of beating him unconscious during a domestic
incident. The city settled the case for $152,500.
1996: Robert O’Neil Jr. accused McSpadden of breaking his wrist in Fells Point. A jury awarded the man $1
million, but a judge reduced it to $100,000. The man appealed; a second jury awarded him $335,000.
1995: Mary Forrest accused him of dragging and stomping her while handcuffed. Court records show the case
settled, but the city could not find financial records of the settlement.
Detective Daniel Hersl; 44, joined force in 1999
2010: Charles Faulkner said Hersl broke his jaw and nose. He later received probation before judgment for drug
charges. The man sued Hersl; the city settled the lawsuit last month for $49,000.
2008: Taray Jefferson accused Hersl and another officer of breaking her arm when they searched for a drug
suspect. The city settled the case in 2009 for $50,000.
2007: Lillian Parker was selling church raffle tickets; Hersl and Detective Calvin Moss accused her of selling
drugs. She spent two days in jail, but prosecutors dropped the charges. She sued in 2010; the city settled the
case in 2012 for $100,000.
Detective Calvin Moss, 46, joined force in 2004
2013: Marque Marshall jumped from a car and fled from Moss. The officer shot Marshall’s left hand when he
tried jumping a fence. Marshall faced several charges, but prosecutors dismissed them. A civil suit is ongoing.
2010: Darrel McGraw accused Moss and his partner of beating him before and after being handcuffed. A jury in
the civil case cleared Moss, but a judge found the partner liable for $7,500.
2008: Adair Wiley accused Moss and his partners of strip-searching her in public and hitting her on Lombard
Street. A jury ruled in favor of the officers in 2012.
2007: Lillian Parker sued Moss as well as Hersl, as mentioned above.
Patrolman David Reeping, 44, on force 2007-2011
2010: Jamal Butler accused Reeping of false arrest and false imprisonment, testifying that the officer said he
was being arrested “for being a black smart ass.” A jury awarded Butler $272,790 this year; the verdict is under
appeal.
2010: Sophia DeShields accused Reeping of pulling her from the back of a car and breaking her wrist. The city
settled the case in February 2014 for $24,000.
2009: Frank Snell II and his friend Brian Holmes accused Reeping and two other officers of beating them while
handcuffed on an East Baltimore Street. The city settled the lawsuit in 2011 for $47,500.

3. 21SUNDAY, OCTOBER 5, 2014 | NEWS | THE BALTIMORE SUN
Desser, quizzed Merritt about the incident captured on
a garage surveillance video. She told Desser that
officerssimplyfilledoutapplicationsandwerehiredby
the head of security — a retired police lieutenant. No
background checks were done.
Desser asked Merritt whether she would have liked
to know about McSpadden’s earlier lawsuits and city
settlements. “Yes, because I would not have hired that
individual,” she replied.
McSpadden was questioned in a February 2014
deposition, but the court file contained only six of the
more than 98 pages of the interview. Based on the six
pages, it’s unclear what account McSpadden provided.
Merritt said the company was concerned that Obe
and Adesanya listed the firm as a defendant in their
lawsuit. She added, “We were told [McSpadden]
couldn’t work here more than a year ago.”
PoliceofficialssaidFridaythatMcSpaddenhadbeen
suspended but could not say when that took effect.
Rodriguez said police officials did not become aware
of the discrepancy between McSpadden’s police report
andthesecuritycameravideountilafterthesettlement
was made. He admitted that he did not know the video
existed, adding, “We’re vigorously looking into it.”
Fugitive cuffed
Daudi Collier’s violent encounter with two other
Baltimore officers came along Mount Street in West
Baltimoresixyearsago,whenhefledfrom Sgt.William
Colburn and Detective Edgardo Hernandez.
Collier ran several blocks before climbing a concrete
wall. Colburn ordered him down.
“I jumped down with my hands still up,” Collier told
jurors in 2012 as part of his lawsuit. Colburn “hit me in
thefacewithhiswalkie-talkieandbustedmynose.And
that’swhen[Hernandez]came,jumpedonmybackand
they were just stomping me and hitting me with the
walkie-talkie and just doing everything.”
Authorities refused to let him in the jail because
blood was gushing from his nose. He went to Good
Samaritan Hospital for treatment.
At the civil trial, both officers denied hitting Collier.
Hernandez testified that Collier “lunged at the door
and pinned me between the car door and door jamb.”
Colburn said Collier resisted arrest and got into a brief
struggle when being handcuffed.
But the officers and Collier didn’t know that
someone was watching from a porch10 feet away.
Dolores Brockington, told jurors that Colburn threw
Collier to the ground and handcuffed him behind his
back. “And when he was on the ground, [Colburn] hit
him with a walkie-talkie,” she said, adding, “He said,
‘This is for making me run after you,’ and then he hit
him again.” She said she remained silent as Hernandez
“stuck his thumb in [Collier’s] eye.”
The jury awarded Collier $175,000. Prosecutors
dismissed criminal charges.
Colburn is now a lieutenant, Hernandez a sergeant.
Lapses in policy
The Collier trial highlighted a weakness in account-
ability within the Police Department: Officers do not
always report injuries to a suspect, as required by
policy.
At one point, Collier’s lawyer asked Colburn why
such a report hadn’t been filed, leading to this
exchange:
“Because I was not aware that that was a part of our
general orders until about two years ago,” the
then-15-year officer said.
“And you were a sergeant at the time?”
“I was.”
Recently, The Sun informed deputy commissioner
Rodriguez and Rodney Hill, the head of the Internal
Affairs Division, about that testimony. Rodriguez said
he was surprised to learn that a longtime supervisor
didn’t know the policy for injured suspects.
Rodriguez, who leads the Professional Standards
and Accountability Bureau, pointed to Hill and said,
“Take the name down, and we’ll do an investigation for
neglect of duty since we just became aware of it.”
But misconduct has not been eliminated within the
agency. In recent weeks, a video surfaced of an officer
beatingaBaltimoremanonNorthAvenueinJune—an
incident that triggered a lawsuit. Once the video was
made public, city officials suspended the officer.
Hill said rooting out bad officers and bad practices
takes time, comparing the task to steering a battleship.
“It’s slow. You can’t really notice it’s turning.”
Police leaders say they have little power to stop
officers from rising in the ranks if they meet
requirements on promotional tests, due to civil service
laws. “If there are no open complaints, we are very
limited as far as what we can do ...” he said.
Rodriguez said he couldn’t address how the prior
administration scrutinized officers before promotion.
Former Commissioner Frederick H. Bealefeld III,
who preceded Batts, said through a spokesman that he
put the community first and worked to eliminate
misconduct, but he declined to be interviewed about
the issues of discipline.
Inquiries by the Department of Justice’s Civil Rights
Division examine whether officers have a history of
discrimination or using force beyond standard guide-
lines. They typically lead to consent decrees and years
of court monitoring. Twenty federal probes have
started in the past six years.
Harris, the police misconduct expert, said younger
officers learn bad practices when supervisors aren’t
held to high standards. “When that becomes the norm,
the few bad apples affect the whole department.”
Peter Moskos, a former Baltimore officer who is an
assistant professor at the John Jay College of Criminal
Justice in New York, said many officers do not have a
stake in the community because they live outside the
city. In 2013, more than 70 percent of Baltimore’s
officers lived outside the city, records show.
He suggested one way to reduce misconduct
lawsuits: Pay settlements and judgments out of the
police budget, not the city’s general fund. “That will
change the culture pretty quick,” he said.
Quick to settle
Oneformerofficer,DavidReeping,saidthecityistoo
quicktosettlelawsuitsthatallegebrutality.Thecityhas
spent $71,500 to settle two excessive-force lawsuits
involving Reeping, who spent eight months in federal
prison in 2012 for accepting a bribe in a towing scandal.
Taxpayerscouldbeonthehookforanother$272,790
jury verdict being appealed.
FrankSnellII,aRandallstowndentist,andhisfriend
Brian Holmes accused Reeping and two other officers
of false arrest and assault in May 2009.
Their lawsuit says Reeping stopped Snell for no
reason at East Baltimore and Holliday streets in May
2009. Snell said Reeping and two other officers forced
him to the ground and hit him in the head, ribs and
crotch, and stepped on his handcuffed wrists and
forced the metal into his back. Holmes said the officers
also pushed him to the ground and handcuffed him.
Neither man was charged with a crime. The city
settled the case for $47,500.
A year after that incident, Sophia DeShields accused
Reeping of pulling her from the back of a car and
breaking her wrist under the Jones Falls Expressway.
She went to jail for about 12 hours but did not face
charges. Reeping says DeShields fell to the ground
because she had high heels on, records show.
The city settled the case for $24,000 in February.
A month later, a jury awarded $272,790 to a Defense
Department analyst who accused Reeping of false
arrest and false imprisonment in 2010. One fact in this
case is different from most other lawsuits: Jamal Butler
told jurors that Reeping did not physically assault him.
Butler testified that Reeping told him he was being
arrested “for being a black smart ass” while standing in
front of Crazy John’s on East Baltimore Street in 2010.
Butler spent time in jail, but did not face charges.
Still, he testified that the arrest, which has been
expunged, will remain in his personnel file at the
Pentagon and could hinder his ability to get jobs with
higher security clearances.
Reeping’s attorney appealed the verdict. Judge
Wanda Keyes Heard could rule in the coming weeks.
Reeping, 44, believes his extortion conviction, noted
at the trial, swayed jurors. “What other reason would it
be?”Reepingsaidinaninterview.“Ididn’tlayahandon
him. I was respectful to him.”
Reeping said that during his four years on the force
he was an aggressive officer with many arrests. He said
it’s no secret on the street that the city quickly pays
money to settle allegations.
Nilson and Ralph said it can be cheaper to settle
cases than fight them in court. “There are bad-doers
out there who try to turn a lawful arrest into a windfall
for them,” Ralph said. “We are aware of that.”
He pointed out that the city pays out less than 1
percent of what people seek in lawsuits. Damage
awards against a municipality are generally capped at
$200,000 under Maryland law.
Four lawsuits in10 years
CalvinMosshasbeensuedatleastfourtimesinhis10
yearsontheforce.Hetargetedhotspotsasamemberof
the former Violent Crimes Impact Section, a unit
disbanded in 2012 after residents complained about its
heavy-handed tactics.
“If you want to affect the crime rate, you go where
the criminals are, and we have plenty of criminal
activity in Baltimore,” Moss told Patch.com in 2010.
The website profiled Moss in 2010 when he
participated in a mixed-martial-arts cage fight.
Lillian Parker, a longtime city cafeteria worker at
Leith Walk Elementary School, was distributing raffle
tickets for a weekend prayer breakfast in May 2007,
accordingtoalawsuitshebroughtagainstMoss,Daniel
Hersl and unnamed officers.
She went to a friend’s home near Harford Road and
Darley Avenue. While waiting, Parker, then 50, decided
towalkupthestreetforfastfood,andherphonerangin
front of 1609 Normal Ave. Parker was asked to wait
there so her friend could pick up the tickets.
Unknown to Parker, a team of officers, including
Moss and Hersl, was watching that address for drug
activity. Hersl asked Parker why she was there.
Sheexplainedthatshewaswaitingforafriend.Moss
ordered another officer to arrest Parker, the suit says.
Parker was charged with six drug offenses and a gun
charge, and spent two days in jail.
In charging documents, police stated that Parker
talked to men on the porch as they sold drugs and even
directed others to the dealer. As the officers moved in,
Parker yelled “police” to alert the dealers, Moss wrote.
Police arrested six men and confiscated crack,
marijuana, a revolver and $10,540, records show.
Prosecutors dropped the charges against her and the
six men. She sued Moss and Hersl in 2010 for battery,
falsearrestandfalseimprisonment,settlingthecasefor
$100,000 in June 2012. She declined to comment.
Moss, 46, was absolved in two other lawsuits. In one,
a Baltimore woman accused Moss and his partners of
strip-searching her in public and hitting her on
LombardStreetin2008;aciviljuryruledinfavorofthe
officersin2012.ARandallstownmanaccusedMossand
his partner of beating him before and after being
handcuffed; a jury cleared Moss, but a judge found the
partner liable for $7,500.
He has also been sued over a January 2013 incident
near Bel Air Road. According to court documents,
Marque Marshall jumped from a car and fled from
Moss. The officer shot Marshall’s left hand when he
tried jumping a fence. Marshall’s lawsuit says another
officer falsely told Moss that Marshall had a gun.
Prosecutorsdismissedcharges,recordsshow.Thatcivil
suit is ongoing.
Pattern of misconduct
Hersl, who has been the focus of other complaints
and lawsuits, made headlines in 2006.
During a trial for three East Baltimore men accused
of being drug dealers, a judge ruled that defense
attorneys could tell jurors about dozens of complaints
filedagainstofficersinthecase:HerslandFrankNellis.
They had a total of 46 complaints. And though only
one for each had been sustained, the sheer number of
accusations merited judicial notice, the judge said.
“Misconduct, sometimes when it’s frequent enough,
it indicates a lack of desire to tell the truth,” Baltimore
Circuit Judge John Prevas said.
Prosecutors dropped the charges against the three.
In August 2007, Taray Jefferson and three of her
friends visited Joy Garden Carry Out Restaurant on
Harford Road. Another woman entered, followed by
Hersl and a sergeant.
The officers pulled the woman outside. As the
sergeant searched the trash and floor inside, Hersl
stood in the doorway, according to a lawsuit Jefferson
filed. The sergeant told Jefferson, then19 years old, and
her friends to get up against the wall. Jefferson pressed
foranswers,butthesergeanttoldHersltohandcuffher.
Hersl grabbed her right arm; the sergeant grabbed
her left arm and pushed it up as high as it would go, the
lawsuit says. She pleaded for them to stop and then
heard a loud pop. She then hit the floor.
“I told [the sergeant] he was hurting me and [Hersl]
had my other arm and he punched me in my arm,”
Jefferson said in a deposition.
She sustained a broken arm. Days later, Hersl
charged her with resisting arrest, failure to obey and
disorderly conduct. The charges were later dropped.
Jefferson sued Hersl and his sergeant in 2008, and
settled for $50,000 in the following year.
InSeptember2010,Herslsaidhespottedasuspected
drug transaction on North Wolfe Street. As officers
pursued Charles Faulkner, he fled. Another officer said
Faulkner tossed aside five plastic bags with a white
powder substance. Hersl found Faulkner hiding on a
porch, and when he ran again, Hersl tackled him.
In a civil lawsuit, Faulkner said Hersl beat him in the
face with his fists and a police radio. The officers then
took him to the hospital, where he was treated for a
broken jaw and fractured nose.
He was charged with possession with the intent to
distribute. Faulkner, who had been convicted of a
handgun offense in 2010, received probation before
judgment on the drug charges.
He sued Hersl in August 2013. The city settled the
case last week for $49,000.
Police contract protections
Thesecrecysurroundinginternaldisciplineofpolice
officers is not unique to Baltimore. Samuel Walker,
professor emeritus of criminal justice at the University
of Nebraska Omaha, said the public should have access
to disciplinary records, just as sanctions against
doctors, pharmacists and lawyers are publicized.
“Police officers are public employees,” he said. “We
ought to know what happens in these cases.”
Why hasn’t that happened? ‘It’s the political power
of the cops,” Walker said. “They have managed to get
these exceptions.”
The Fraternal Order of Police contract guarantees
thatthecitywilldefendofficersagainstlitigation,along
with paying settlements and court judgments, even if
an incident arises from moonlighting. In exchange, the
city is entitled to all court records such as depositions
when it pays a settlement or court judgment. But,
according to the contract, if an officer is acquitted, the
city can’t request files held by the attorneys, including
depositions and photos.
(Taxpayers will not pay damages if a judge or jury
finds that an officer acted with malice — but that has
never happened, according to Nilson.)
Nilson said it’s not realistic to expect officers to pay
the damages when they risk their lives, and he
questioned the level of policing that would come if
officers lost homes or wages over suits.
But he acknowledged that he doesn’t like the
guarantee about defending all officers accused of
misconduct.“We’velearnedtolivewithit,”hesaid.“It’s
the right thing to do.”
Young would like the city to eliminate that clause in
the next contract. “I respect and appreciate the police
officers, but we cannot protect bad officers who are
costing the city millions of dollars,” he said.
Fraternal Order of Police President Robert Cherry
said the city could refuse to pay in cases where
misconduct claims are sustained. He warned that
officers might become fearful of doing their work if the
city does not back them.
The Sun requested records on misconduct lawsuits
in April and asked about McSpadden’s cases in June.
Inlightofhismultiplelawsuits,Nilsonrevampedthe
process to settle misconduct cases, adding multiple
layers of oversight this month. Nilson said that The
Sun’s investigation didn’t trigger reforms.
Staffers will start entering lawsuit information into a
database, and outside law firms are required to notify
the city about officers’ previous lawsuits. Officers must
disclose the cases on signed affidavits.
If officers face multiple lawsuits within six months,
the same outside firm must handle the cases.
Under the current proposal, the city pays a flat fee to
two firms — Schlachman Belsky & Weiner earned
about $506,000 in the last fiscal year, and Whiteford
Taylor & Preston received $481,000. Thurman W.
Zollicoffer Jr., a former city solicitor and a partner at
Whiteford Taylor & Preston, handles some trial work.
Herb Weiner, who represents the police union in
contract negotiations and discipline matters, manages
Schlachman, Belsky & Weiner.
Another set of changes will give the Law Depart-
ment’s settlement committee more information on the
lawsuits. Memos to the committee will include prior
lawsuitsandsaywhethertheofficerswouldmakegood
or bad witnesses — taking into account such issues as
whether an officer has a criminal record.
Nilson vowed to provide more detailed information
to the Board of Estimates. City lawyers will also make
oneofthreerecommendationsoneachcase:forfurther
training, for counseling from the Legal Department, or
for no action.
If more misconduct occurs, Nilson said the settle-
ment committee would bear some responsibility.
“We’re on the hook,” he said.
mpuente@baltsun.com
twitter.com/MarkPuente
A surveillance camera captured Detective Michael
McSpadden grabbing plastic handcuffs at 2:02:31
a.m. in the Water Street parking garage. In the top
left corner of the image, Bolaji Obe sits on a stool
with his hands in front of his stomach.
At 2:04:06, the camera captures Obe with his
arms handcuffed behind his back looking outside
after McSpadden exited the office.
At 2:05:47, the camera captures Obe lying
motionless on the floor after falling outside the
door. Moments later, McSpadden wipes
something off Obe’s face before picking him up
and leaning him against the wall.
McSpadden wrote in charging documents that he
struck Obe after he “assumed an aggressive
stance, clenched his fist and postured his body
like he was going to attack.” After hitting Obe,
McSpadden said “Obe fell down and was
handcuffed without further incident.”
To watch the video, go to baltimoresun.com
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