Officer's intent key for jury; protesters demand answers

Marchers at the protest. (Brett Coomer / Houston Chronicle) Marchers at the protest. (Brett Coomer / Houston Chronicle) Image 1 of / 14 Caption Close Officer's intent key for jury; protesters demand answers 1 / 14 Back to Gallery

As hundreds converged on Houston's criminal courthouse Thursday demanding answers about a verdict that cleared a former police officer of wrongdoing in the beating of Chad Holley, the jury's reasoning became public for the first time.

The jury believed Blomberg was acting as a "reasonable police officer" and used his foot to "sweep" the teen's arms, not stomp his head, said defense attorney Dick DeGuerin.

Blomberg, 29, was acquitted Wednesday of official oppression after a misdemeanor trial in which he testified he did not stomp the 15-year-old's head during his arrest on March 24, 2010.

DeGuerin said Thursday that the jury told him there was no single deciding factor in their decision, but at least two members of the panel believed Blomberg was sweeping with his foot, not stomping.

"A couple of the jurors said they definitely saw the 'pull back motion' of Andrew's foot" that his client described on the stand, DeGuerin said.

Blomberg said on the stand that he wedged his boot into the crook of the teen's arm to try to get his hands behind his back. Holley can be seen on a security video lying on the ground on his stomach with his hands on his head after falling while fleeing police.

Blomberg, the first officer to reach the teen, is seen raising his foot over Holley's head. An expert for the prosecution said he then stomped the teen's head or neck.

On video for 4 seconds

Blomberg is visible near Holley for about 4 seconds, then is seen running to deal with another suspect as several officers converge on the teen. Jurors, who have declined to speak publicly, spoke to DeGuerin and prosecutors after the trial.

State District Judge Ruben Guerrero has sealed the names of the jurors.

DeGuerin said the jury told him they acquitted because of what they saw and because prosecutors did not prove Blomberg's intentions.

Assistant Harris County District Attorney Clint Greenwood declined to comment on what the jury had told him.

DeGuerin's insight into the jury's process came as black activists and the Houston Police Department criticized the verdict.

"I understand the jury's verdict, I just have to respectfully disagree," Police Chief Charles McClelland said Thursday.

The chief fired Blomberg and six other officers after the allegations came to light. Blomberg, Phil Bryan, Drew Ryser and Raad Hassan, were charged with misdemeanors after being terminated. Holley was later convicted of burglary in the case.

During Thursday's protest at the criminal courthouse, demonstrators blasted prosecutors because the six jurors selected for the misdemeanor trial were white.

The crowd marched around the square between the county's criminal, civil, juvenile and family courthouses chanting "no more all-white juries."

Protesters carried signs calling for an end to racism and hate and for all HPD officers to live inside the city limits. Protesters also targeted the Harris County district attorney and Houston's mayor, chanting "Pat Lykos got to go" and "Annise Parker got to go."

Crowd urged to vote

Police shooting victim Robbie Tolan, one of the speakers at the rally, implored the crowd to show up for jury duty and vote.

"That's the only way you're gonna make a difference," he said.

The former minor league baseball player, who is black, was unarmed when he was seriously wounded by a white Bellaire police sergeant in 2008. A jury acquitted Sgt. Jeffrey Cotton of aggravated assault in 2010.

Lykos on Thursday defended the prosecutors who tried the case and noted that jury pools are created randomly from prospective jurors who say they can be impartial.

"Unfortunately, many people say they have already formed an opinion and disqualify themselves from serving on the jury."

She also noted that Blomberg's defense team struck the two black jurors from the jury pool.

Chronicle reporters James Pinkerton and Cindy George contributed to this report.

brian.rogers@chron.com

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