Ugly Details Emerge at Masel Civil Rights Trial

After watching some trial testimony in Ben Masel's federal civil rights suit against UW-Madison police officer Michael Mansavage yesterday, I'm worried about the hit we Wisconsin taxpayers will take when the jury finds for Masel.

On the night of June 29, 2006, Masel was gathering nominating petition signatures to run for Senator in the Democratic primary against Herb Kohl at a hip-hop concert on the UW-Madison Memorial Union Terrace. Masel had gathered election petitions there before, as have many local politicians.  About 11 pm, two UW-Madison police officers peppersprayed and arrested Masel for trespassing, disordery conduct and resisting arrest. The Wisconsin State Journal reported that

Mayor Dave Cieslewicz, who was at the terrace, said he didn't see Masel disturbing anyone.

"I didn't feel Ben was causing any disruptions," Cieslewicz said. "I certainly didn't feel he was disrupting my evening at all. I didn't see a reason to remove him from the terrace."

Previously unreported details that came out at the trial included the fact that officer Michael Mansavage first missed Masel and instead peppersprayed his partner John McCaughtry, who was holding Masel by the arm at the time. Apparently, once McCaughtry and Mansavage had wrestled Masel into a face-down position on the ground, with McCaughtry's knee on Masel's back, Mansavage then peppersprayed Masel in the face. Mansavage also threatened to use a Taser on Masel for not putting his arm behind his back to be handcuffed fast enough, when the arm was, in fact, trapped under Masel's body.

The officers' descriptions of their actions made them look totally unprofessional, and strengthened Masel's claims. The multiple times both officers had to be taken through deposition statements that disagreed with their trial testimony didn't help either.

Two thoughts:

• The UW and the Wisconsin Attorney General's office should offer a sincere apology and a reasonable settlement to Masel before the jury awards him everything they legally can.

• The UW-Madison police need upgraded training in alternatives to using force and in community policing techniques.

- Barry Orton

Comments

[antpoppa]

If the U.W. Police cannot hold to their mission statement they should be dissolved, and the liquidation of assets should be considered in paying damages to Mr. Masel.

Mission Statement (U.W. POLICE)
We prevent crime and respond to individual and community needs with a well-equipped, trained, professional police agency.
In supporting the University’s academic and research mission, we will continue our efforts to assure safety and security for all people who come in contact with the University of Wisconsin. With a commitment to serve with excellence, we will treat each individual with compassion and respect.
We safeguard and serve all individuals. We uphold the U.S. Constitution and human rights, honoring our history and building toward a positive future. We take pride in who we are and what we do.

[Jon]

Barry, thank you for this valuable information. It's a real community service. Jon

[Ben Masel]

Hung Jury.

[LifelongMadisonian]

It is not without irony that 'COPS' will have been on the air for twenty years in 2009. What have they wrought except for a new generation of police brutality we have not witnessed for 40 yrs. People are so immune to this behavior, it is now an expectation to see overbearing takedowns, wanton use of pepper spray and 'non-lethal' violence such as tasers. Paramilitary uniforms, facemasks and other ways to keep identities secret help foster this 'us v.them' attitude. Those who feel above the law are the least qualified to enforce the law.
As always, we can look to our own retired Chief David Couper for insight and perspective... From his recent article in the Isthmus-

"Sure, police officers need to be crime fighters, but it is not unreasonable to expect that they will also protect our rights, resolve and mediate conflict, and care for us while they enforce the law."

"We have a right to expect police to be respectful and courteous, well informed, honest and sparing in their use of force. This builds the trust police need to function effectively in a democracy such as ours."

http://www.thedailypage.com/isthmus/article.php?article=24832

Lets hope that there are more Police PROFESSIONALS out there who take his words, books and lectures to heart.. And for cryin out loud... Stop watching 'Cops' and start watching your own Cops... Next time it could be your own sister,brother,dad or yes, mom.

[Julie]

With regard to the actions of the officers, one would presumably ask what were the circumstances that prompted UW staff to call for police assistance in the first place? The University system has rules in place for a reason. Based on Mr Masel's history with both the UW Police, as well as other law enforcement agencies, it appears that his primary intent is to "bend the rules" or "push the limit". When police respond & things don't go Mr Masel's way, he cries foul. Therefore, it becomes a bit difficult to take this claim of "Police Brutality" seriously. Stop putting yourself in places that you should not be. If you are asked to leave a property because of the rules and regulations that the staff has a duty to enforce, then go! Perhaps you could direct all this extra energy toward something other than civil suits that take up an already overburdened court system. Quit breaking the law & stop acting like it's the 60's, when it was all "anti-establishment".

The fact is, the UW Police department, is a State Law Enforcement Agency, not "Security Officers". I would venture to guess that Mr Masel's history of resisting & obstructing, along with prior disorderly conduct and resticted use of unions, is what ultimately resulted in the officer's use of pepper spray. Anything other than avoiding that outcome in the future, is just plain idiocy.

[Ex-Madisonian]

Gee, resisting an officer conviction back in 1982, and a lot of arrests that were later tossed out by the prosecuter. Were these officers even out of high school in 1982? Sounds like if they knew the history, maybe they shouldn't have acted like they did.

[Oliver Steinberg]

Yeah, Masel, quit breaking the law with your silly little First Amendment. Haven't you heard that the Constitution is just a god-damn piece of paper? This isn't the '60's---King and Kennedy and all those troublemakers might have put some inflated notions into your noggin, but look what it got them. This is the 21st century now and you are seriously outnumbered by lots and lots of Good Germans, who do what they are told when they are told to and don't ask questions or make any noise about their so-called "rights." You have the right to obey orders and that ought to be enough! And one more thing: get a haircut---I did. As for you, Julie, you've never sued anybody who wronged you, have you? I wonder.

[Frank]

Others have been similarly abused by UWPD at the Wisconsin Union in the past couple of years, but Ben Masel's case is the only one making headlines because he happened to be a U.S. Senate candidate at the time. In addition, Union Director Mark Guthier and several of his staff have actually committed crimes, e.g. obstruction by deliberately providing false information to UWPD. Of course, they did it to protect themselves and to "assist" UWPD, with complete disregard for what is right (and legal). They don't think they'll get convicted because the leaning these days is to give the benefit of the doubt to the state. And unfortunately, they may be right.

Did you see "V for Vendetta"? Great movie. terrible subject.

[Hank]

I guess this is a bit old, but you know the case was settled...the UWPD has not been dissolved nor did Masel win any sort of "victory" or send a message. He settled and has since pleaded guilty to trespass to land. All of this website's bluster and extremism for nothing. I'll take my moderate view of the world and believe in just desserts. The only message sent here that fools sure talk a lot.