Parker fears release of Holley video will hurt case

D.Z. Cofield, left, president of the NAACP Houston Branch, State Rep. Borris Miles and Quanell X say they were shocked by the actions depicted on the videotape. D.Z. Cofield, left, president of the NAACP Houston Branch, State Rep. Borris Miles and Quanell X say they were shocked by the actions depicted on the videotape. Photo: Melissa Phillip, Chronicle Photo: Melissa Phillip, Chronicle Image 1 of / 1 Caption Close Parker fears release of Holley video will hurt case 1 / 1 Back to Gallery

Houston's mayor said Thursday that the release of a video showing several Houston police officers last March allegedly kicking, punching and stomping on a handcuffed teenager could jeopardize the prosecution of four officers in the case.

"We don't want to do anything to jeopardize the prosecution of these police officers," Mayor Annise Parker said Thursday, following a weather news conference at Houston TranStar, the local emergency management center. She said the video's release may cause the trials to be moved out of Harris County.

Parker said she was "shocked and disgusted" when she first viewed the tape last year.

"My feelings haven't changed. This is not acceptable in Houston," she said.

The video was recorded by at least two surveillance cameras March 24 at Uncle Bob's Self-Storage at Cook near Beechnut. The footage shows then 15-year-old Chad Holley being chased by several officers in patrol cars. After hurdling the hood of a patrol car as it hits a chain link fence, Holley lay down on his stomach with his hands up. Officers can be seen descending on him.

The video was released Wednesday to KTRK-TV (Channel 13) by community activist Quanell X. While he was at the television station, a state district judge issued a temporary restraining order prohibiting the release.

Last year, a federal judge granted a request from Harris County District Attorney Pat Lykos to block the release of the footage, saying pretrial publication would likely prevent the four HPD officers from receiving a fair trial on misdemeanor charges of oppression.

Punishment 'unlikely'

Legal experts said any punishment is unlikely against Quanell X because he was not a party to that ruling, said Houston attorney Joe Larsen.

Larsen represents the Houston Chronicle and four local television stations in opposing Lykos' request for a federal protective order barring the release.

At an NAACP press conference Thursday, Quanell X said he had planned to release the video to all media outlets in Houston.

The activist obtained the footage as part of the discovery process in a slander lawsuit lodged against him by an officer involved in the case.

Houston police Chief Charles McClelland suspended eight officers within three days of receiving the tape last year. Three other officers were fired without being charged. Five additional officers received two-day suspensions.

In June, Andrew Blomberg, Phil Bryan, Raad Hassan and Drew Ryser were indicted on misdemeanor official suppression charges and fired. Bryan and Hassan also were charged with violation of the civil rights of a prisoner, also a misdemeanor.

Other community leaders, including State Rep. Borris Miles, D-Houston, and NAACP Houston President D.Z. Cofield, said at Thursday's news conference that they were shocked by the actions depicted on the tape.

"This is about rogue cops abusing our children," Miles said.

The videotape's release also brought condemnation from Houston's courthouse. Lykos issued a statement echoing the mayor's concerns.

"Despite the tape's release, we will continue to do everything possible to ensure that both the state and the defense are given a fair trial," she said.

Independence Heights community activist John Branch said he suspects the tape was withheld to prevent the grand jury from returning harsher charges.

"If that was me beating the hell out of somebody, and they caught me on video doing it, they would probably get me with attempted murder," Branch said.

No felony charge

Felony charges for assault were not available to grand jurors because Holley did not receive "serious bodily injury" under the law.

Other community leaders, including Natasha Johnson, president of the Independence Heights Super Neighborhood Council, said the video was disturbing.

She credited McClelland with suspending the officers, but said she believes other incidents are not being reported. She also said misdemeanor charges did not seem severe enough after viewing the tape.

An attorney for one of the officers, Dick DeGuerin, said the video should not have been released and maintained that his client, Blomberg, is innocent.

Reasonable procedure?

DeGuerin acknowledged that it looks like his client is stomping the 15-year-old's head, but that a closer inspection shows him using his foot to get the teen, who is lying flat on his stomach, to put his left hand down so he can be handcuffed.

He expects two experts on police force to testify that Blomberg used reasonable police procedure.

DeGuerin said he may request a change of venue.

"There's clearly some ugly stuff that happens," DeGuerin said. "We volunteered to go first so we could try our case cleanly."

He said weighing his client's right to a fair trial versus the freedom of speech is difficult.

"It seems to me that the right of the public to know can be postponed a little bit," DeGuerin said. "It's not going to be totally denied, it's just that we need to get a fair trial."

Chronicle reporter Cindy George contributed to this report.

brian.rogers@chron.com

mike.morris@chron.com