Henry Rogue
05-18-2014, 10:38 PM
Law Enforcement Legal Defense Fund
http://www.policedefense.org/blog/
Founder and Chairman
Law Enforcement Legal Defense Fund (LELDF)
We regret to inform our readers that David Henderson Martin, founder and chairman of the Law Enforcement Legal Defense Fund, passed away on March 28, 2014, after a three-year battle with cancer. Despite his struggles with this debilitating disease, he remained active in LELDF until almost the last day of his life.
David Martin founded LELDF in 1994 and built the organization into the most successful legal defense group for police officers in the country. Readers of the LELDF newsletter, With Justice for All, became familiar with Dave through his “From the Chairman” column. Few but the beleaguered officers themselves knew that Dave not only researched and recommended all the cases, but he got actively involved in nearly every one. He attended their trials, provided legal counsel and expert witnesses, advised the officers, consoled family members, and raised money for the defense teams.
The mission of LELDF is to provide legal assistance in court challenges to legitimate law enforcement activity. Over the past 20 years, LELDF has taken on dozens of cases of police officers who have been charged or sued for doing their job. The Board of Directors is committed to continue in this important objective despite the large void that has been created by the loss of our beloved chairman, Dave Martin.
Prior to founding LELDF, Dave Martin was President of the Legal Services Corporation, the government-funded entity that provides legal support to the poor; and the first Director of the Office of Government Ethics under President Ronald Reagan, a position he held for five years (1983-1988). From 1978-1983, he worked in a private law firm, where he handled many cases for the National Rifle Association.
Dave was also Chief Counsel for the Secret Service, serving under President Richard Nixon during the Watergate era, and Presidents Gerald Ford and Jimmy Carter.
How the LELDF Helped Me Save A Good Man From a Lifetime In Prison
In 2006, the year a suspect forced Torrey to use deadly force, officers in his agency were involved in 31 deadly force incidents. Some vocal DeKalb county residents were in an uproar. The District Attorney commissioned a special grand jury to investigate the shootings. None of the officers were able to testify, so the grand jury relied on second- hand accounts. The Grand Jury’s special presentment exonerated everyone except Torrey. The suspect in Torrey’s case suffered two rear-entry wounds and that was enough for them.
After the special presentment, the District Attorney planned to indict Torrey for murder. Torrey needed my help. I knew Torrey had done nothing wrong, but I had just started a new firm. I could not represent him for the kind of fee Torrey could afford and we did not have the resources to hire the experts we would need to mount the defense Torrey deserved.
Torrey told me about LELDF. I looked into the organization and read about the incredible work LELDF had done to help other officers who were in the same predicament. I told Torrey that LELDF was our best hope for getting the resources we needed to protect him from falling victim to an over-zealous, politically motivated prosecution.
We applied to LELDF. I breathed a huge sigh of relief when David Martin called to tell me that LELDF had accepted Torrey’s case. He told me LELDF would back Torrey all the way not just in the criminal case, but in the civil case filed by the suspect’s family. For the first time in months, Torrey felt like he had a chance to save his reputation and, more importantly, his freedom.
LELDF put me in touch with Urey Patrick – one of the top Use of Force experts in the country. Because the shooting occurred at night, under very poor lighting conditions, Torrey (and a fellow officer who shot first but, incredibly, was not indicted), mistook a dark object in the suspect’s hand for a gun. We needed an expert on how the lighting conditions affected both officers’ ability to assess the danger. LELDF covered the expense, including a trip down to Atlanta so that we could go to the scene one night under similar conditions and conduct necessary testing on the lighting conditions Torrey faced when he fired his weapon.
My law partner and I devoted countless hours to Torrey’s case. We were determined to do everything in our power to exonerate him. We were able to do that because LELDF paid our bills. If LELDF hadn’t been there, we would have been broke and Torrey would not have had a lawyer in either his civil or criminal case. It was incredible. We’ve been practicing law in Georgia for 19 years and it was the first time that we had better resources than the State of Georgia.
Three days before trial, the court held a hearing on our motion to suppress all of Torrey’s statements made in the immediate aftermath of the shooting. We argued that the officers who took the statements violated Garrity v. New Jersey because Torrey believed he would be disciplined if he did not give a statement. The law in Georgia was unsettled in this area. The trial judge suppressed Torrey’ statements and that gutted the prosecution’s case.
The State appealed to the Georgia Supreme Court. LELDF was right there to support us as we extensively researched and briefed the issues on appeal. The Supreme Court issued an opinion affirming the trial court’s ruling. The opinion clarified this important area of law. LELDF helped us set a precedent that gives every police officer in Georgia greater protection under Garrity.
A few weeks after the Supreme Court ruled, we got a call from the prosecutor. He told us that the DeKalb County District Attorney’s office would dismiss the charges against Torrey. After two excruciating years, he was finally free from the anxiety and fear of facing the rest of his life in prison. That was the most satisfying day of my career. Later, the civil case was also dismissed.
Stephanie Mohr Released From Prison, Working Again
Posted on January 30, 2012 by admin
We are proud to announce this recent news about Stephanie Mohr. She was released to a half way house last May in Baltimore. After a few months she was released to her parents home in nearby Glen Burnie. Since then she has achieved complete release from supervision and is living with a friend in Chesapeake. These photos were taken shortly after a Welcome Home party sponsored by the Frateernal Order of Police and Firemen’s union. At that event Chairman Martin presented Stephanie with a $10,000 check to get her off to a good start. Stephanie is working for a law firm that does Workmen’s compensation claims for the Police; so she is helping law enforcement once again.
Sgt. James Crowley is Not the One who should Apologize
Posted on September 14, 2010 by admin
If anybody should apologize for the arrest of Harvard Professor Louis Henry Gates, it is President Obama, not the arresting officer.
The facts bear out that experienced Sgt. James Crowley acted totally within the bounds of proper police action. Here’s what occurred. Sgt. Crowley responded to a call from Lucia Whalen reporting that a break-in was in progress in a neighborhood in Cambridge that had experienced several daytime burglaries. In fact the very house where the suspected burglary was taking place had a defective front door due to a forced entry a month earlier. When he arrived at the house rented from Harvard University by Professor Gates, Sgt. Crowley asked Lucia Whalen, the citizen who had reported that two black men were trying to break into the house, to wait outside while he approached the house.
From outside, Sgt. Crowley observed a man inside the foyer of the house, and asked him to step out on the porch so they could talk. The man, later identified as Professor Henry Louis Gates, Jr. replied, “No I will not” and demanded Sgt Crowley’s identity. Sgt. Crowley in full uniform advised Professor Gates, in a reasonable tone, that he was a Cambridge police officer, told him his name, and that he was responding to a report of a burglary in progress. Before Sgt. Crowley could finish, Professor Gates opened the door and, in an agitated tone, yelled “Why? Because I’m black man in America?”
You get the idea. I came across this when i was looking for something in a different thread. I'm not saying cops shouldn't have access to a legal defense, but I thought it note worthy for it's rhetoric.
http://www.policedefense.org/blog/
Founder and Chairman
Law Enforcement Legal Defense Fund (LELDF)
We regret to inform our readers that David Henderson Martin, founder and chairman of the Law Enforcement Legal Defense Fund, passed away on March 28, 2014, after a three-year battle with cancer. Despite his struggles with this debilitating disease, he remained active in LELDF until almost the last day of his life.
David Martin founded LELDF in 1994 and built the organization into the most successful legal defense group for police officers in the country. Readers of the LELDF newsletter, With Justice for All, became familiar with Dave through his “From the Chairman” column. Few but the beleaguered officers themselves knew that Dave not only researched and recommended all the cases, but he got actively involved in nearly every one. He attended their trials, provided legal counsel and expert witnesses, advised the officers, consoled family members, and raised money for the defense teams.
The mission of LELDF is to provide legal assistance in court challenges to legitimate law enforcement activity. Over the past 20 years, LELDF has taken on dozens of cases of police officers who have been charged or sued for doing their job. The Board of Directors is committed to continue in this important objective despite the large void that has been created by the loss of our beloved chairman, Dave Martin.
Prior to founding LELDF, Dave Martin was President of the Legal Services Corporation, the government-funded entity that provides legal support to the poor; and the first Director of the Office of Government Ethics under President Ronald Reagan, a position he held for five years (1983-1988). From 1978-1983, he worked in a private law firm, where he handled many cases for the National Rifle Association.
Dave was also Chief Counsel for the Secret Service, serving under President Richard Nixon during the Watergate era, and Presidents Gerald Ford and Jimmy Carter.
How the LELDF Helped Me Save A Good Man From a Lifetime In Prison
In 2006, the year a suspect forced Torrey to use deadly force, officers in his agency were involved in 31 deadly force incidents. Some vocal DeKalb county residents were in an uproar. The District Attorney commissioned a special grand jury to investigate the shootings. None of the officers were able to testify, so the grand jury relied on second- hand accounts. The Grand Jury’s special presentment exonerated everyone except Torrey. The suspect in Torrey’s case suffered two rear-entry wounds and that was enough for them.
After the special presentment, the District Attorney planned to indict Torrey for murder. Torrey needed my help. I knew Torrey had done nothing wrong, but I had just started a new firm. I could not represent him for the kind of fee Torrey could afford and we did not have the resources to hire the experts we would need to mount the defense Torrey deserved.
Torrey told me about LELDF. I looked into the organization and read about the incredible work LELDF had done to help other officers who were in the same predicament. I told Torrey that LELDF was our best hope for getting the resources we needed to protect him from falling victim to an over-zealous, politically motivated prosecution.
We applied to LELDF. I breathed a huge sigh of relief when David Martin called to tell me that LELDF had accepted Torrey’s case. He told me LELDF would back Torrey all the way not just in the criminal case, but in the civil case filed by the suspect’s family. For the first time in months, Torrey felt like he had a chance to save his reputation and, more importantly, his freedom.
LELDF put me in touch with Urey Patrick – one of the top Use of Force experts in the country. Because the shooting occurred at night, under very poor lighting conditions, Torrey (and a fellow officer who shot first but, incredibly, was not indicted), mistook a dark object in the suspect’s hand for a gun. We needed an expert on how the lighting conditions affected both officers’ ability to assess the danger. LELDF covered the expense, including a trip down to Atlanta so that we could go to the scene one night under similar conditions and conduct necessary testing on the lighting conditions Torrey faced when he fired his weapon.
My law partner and I devoted countless hours to Torrey’s case. We were determined to do everything in our power to exonerate him. We were able to do that because LELDF paid our bills. If LELDF hadn’t been there, we would have been broke and Torrey would not have had a lawyer in either his civil or criminal case. It was incredible. We’ve been practicing law in Georgia for 19 years and it was the first time that we had better resources than the State of Georgia.
Three days before trial, the court held a hearing on our motion to suppress all of Torrey’s statements made in the immediate aftermath of the shooting. We argued that the officers who took the statements violated Garrity v. New Jersey because Torrey believed he would be disciplined if he did not give a statement. The law in Georgia was unsettled in this area. The trial judge suppressed Torrey’ statements and that gutted the prosecution’s case.
The State appealed to the Georgia Supreme Court. LELDF was right there to support us as we extensively researched and briefed the issues on appeal. The Supreme Court issued an opinion affirming the trial court’s ruling. The opinion clarified this important area of law. LELDF helped us set a precedent that gives every police officer in Georgia greater protection under Garrity.
A few weeks after the Supreme Court ruled, we got a call from the prosecutor. He told us that the DeKalb County District Attorney’s office would dismiss the charges against Torrey. After two excruciating years, he was finally free from the anxiety and fear of facing the rest of his life in prison. That was the most satisfying day of my career. Later, the civil case was also dismissed.
Stephanie Mohr Released From Prison, Working Again
Posted on January 30, 2012 by admin
We are proud to announce this recent news about Stephanie Mohr. She was released to a half way house last May in Baltimore. After a few months she was released to her parents home in nearby Glen Burnie. Since then she has achieved complete release from supervision and is living with a friend in Chesapeake. These photos were taken shortly after a Welcome Home party sponsored by the Frateernal Order of Police and Firemen’s union. At that event Chairman Martin presented Stephanie with a $10,000 check to get her off to a good start. Stephanie is working for a law firm that does Workmen’s compensation claims for the Police; so she is helping law enforcement once again.
Sgt. James Crowley is Not the One who should Apologize
Posted on September 14, 2010 by admin
If anybody should apologize for the arrest of Harvard Professor Louis Henry Gates, it is President Obama, not the arresting officer.
The facts bear out that experienced Sgt. James Crowley acted totally within the bounds of proper police action. Here’s what occurred. Sgt. Crowley responded to a call from Lucia Whalen reporting that a break-in was in progress in a neighborhood in Cambridge that had experienced several daytime burglaries. In fact the very house where the suspected burglary was taking place had a defective front door due to a forced entry a month earlier. When he arrived at the house rented from Harvard University by Professor Gates, Sgt. Crowley asked Lucia Whalen, the citizen who had reported that two black men were trying to break into the house, to wait outside while he approached the house.
From outside, Sgt. Crowley observed a man inside the foyer of the house, and asked him to step out on the porch so they could talk. The man, later identified as Professor Henry Louis Gates, Jr. replied, “No I will not” and demanded Sgt Crowley’s identity. Sgt. Crowley in full uniform advised Professor Gates, in a reasonable tone, that he was a Cambridge police officer, told him his name, and that he was responding to a report of a burglary in progress. Before Sgt. Crowley could finish, Professor Gates opened the door and, in an agitated tone, yelled “Why? Because I’m black man in America?”
You get the idea. I came across this when i was looking for something in a different thread. I'm not saying cops shouldn't have access to a legal defense, but I thought it note worthy for it's rhetoric.