A judge will decide whether the Omaha Police Department’s internal investigation into a violent arrest can be used by the man’s defense team.
Robert A. Wagner, 36, is charged with assaulting a police officer at Creighton University Medical Center in May.
Security cameras recorded the officers forcefully take Wagner to the ground. The footage showed one officer kick him repeatedly, and another employed a Taser to subdue him.
Wagner is accused of punching an officer in the head, but that is not seen in the released footage.
Police Chief Alex Hayes recommended that two officers be fired in connection with the incident. They are appealing the dismissals.
Wagner’s lawyer, Glenn Shapiro, said he subpoenaed the information gathered in the internal investigation because there may be additional video footage and confidential officer interviews pertinent to Wagner’s defense.
Douglas County Judge Duane C. Dougherty heard arguments Thursday on the request.
Deputy City Attorney Tom Mumgaard spoke against the request on behalf of police.
Mumgaard argued that investigations by the internal affairs unit are confidential in order to protect the process of self-policing.
“It allows public entities to evaluate their own actions without the fear that it might be used against them,” he said.
Shapiro said that gives the appearance the Police Department has something to hide.
Dougherty did not say when he would rule on the request.
Contact the writer:
402-444-3131, sam.womack@owh.com
Robert A. Wagner, 36, is charged with assaulting a police officer at Creighton University Medical Center in May.
Security cameras recorded the officers forcefully take Wagner down. The footage showed one officer kick him repeatedly, and another employed a Taser to subdue him.
Wagner is accused of punching an officer in the head, but that is not shown in the released footage.
Police Chief Alex Hayes recommended that two officers be fired in connection with the incident. They are appealing the dismissals.
Wagner's lawyer, Glenn Shapiro, said he subpoenaed the information gathered in the internal investigation because there may be additional video footage and confidential officer interviews pertinent to Wagner's defense.
Douglas County Judge Duane C. Dougherty heard arguments Thursday against the request from Deputy City Attorney Tom Mumgaard on behalf of police.
Mumgaard argued that investigations by the internal affairs unit are confidential in order to protect the process of self-policing.
"It allows public entities to evaluate their own actions without the fear that it might be used against them," he said.
Shapiro said that gives the appearance the Police Department has something to hide.
Dougherty did not say when he would rule on the request.
Contact the writer:
402-444-3131, sam.womack@owh.com
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