Galveston police brutality trial under way

Brandon Backe was accused of resisting arrest during the 2008 incident. The charges were dropped. Brandon Backe was accused of resisting arrest during the 2008 incident. The charges were dropped. Photo: Dave Rossman, Chronicle Photo: Dave Rossman, Chronicle Image 1 of / 1 Caption Close Galveston police brutality trial under way 1 / 1 Back to Gallery

Five years after more than 30 police officers swarmed into a wedding celebration at a Galveston hotel bar and used Tasers and pepper spray on the guests, officers and those they are accused of beating are squaring off in a Houston federal courtroom.

Twelve men, including former Astros' pitcher Brandon Backe, are asking a jury to find that 15 police officers used excessive force and that city officials knew that police brutality was a persistent problem.

The six men and six women on the jury are being asked to award the men an unspecified amount that would almost certainly come from Galveston taxpayers if the plaintiffs prevail. Defense attorney William Helfand said that the officers lack the financial wherewithal to pay an award.

Millions to be sought

Most of the plaintiffs don't have lasting injuries, but Backe will ask for an award that could run into the million's of dollars. Backe is alleging that a police officer ruined his pitching career by stomping on his shoulder.

Former Galveston Police Chief Charles Wiley, who was chief at the time but has since retired, testified Wednesday on the third day of the trial that he was hired in July 2008 to make drastic changes to a police department plagued by a perception of excessive use of force, lack of discipline and ethical lapses.

Settlement urged

Under questioning by plaintiff's attorney Jim Zucker, Wiley said that a small portion of the force habitually failed to file use-of-force reports required by the department. His testimony came after the father of the bride, Gilbert O'Balle, testified under questioning by plaintiff's attorney Christopher Porter about a video showing him being shocked with a Taser gun fired by a Galveston police officer and another officer dropping on him with a knee.

Helfand tried to pick apart O'Balle's testimony, at one point getting him to admit that he had made a fist that could have been perceived as threatening to the officer. O'Balle said that the still photo from the video showed him making a fist in reaction to the electric shock after he was tasered. He said he had his hands in the air and obeyed the officers.

After the jury was dismissed, U.S. District Judge Keith Ellison urged the two sides to reach a settlement.