Juror reacts after Lubbock police officer cleared in civil trial - KCBD NewsChannel 11 Lubbock

10/21/09

Juror reacts after Lubbock police officer cleared in civil trial

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By James Clark | email

LUBBOCK, TX (KCBD) - We have new developments Wednesday night after a Lubbock police officer was cleared of wrongdoing by a civil jury.   Lubbock Police Officer Marsh Blackmore, tased motorist L.J. McCallan during a traffic stop in April of 2006.

The incident was caught on dash cam video. McCallan claimed the officer used excessive force. But Blackmore argued the tasing was reasonable because McCallan was not compliant. Tuesday, the jury sided with Officer Blackmore.
    
NewsChannel 11 now has comments from a jury member who spoke to us by phone late Wednesday evening.  Although we know this juror's name from court records he has asked us not to refer to him by name, but instead as a jury member.

He says, "I think what everybody else was seeing was just the short clip of the video and there was a lot of other evidence that we had that the public doesn't have."

This jury member also says, "It took 5 and a half hours. I can guarantee it was pain staking, going over the evidence and going over it again.  I think the jury did a tremendous job"

And also, "I believe that anyone who looked at the totality of the evidence would come to the same decision."

Below is an extended quote from this jury member.


 

I think what everybody else was seeing was just the short clip of the video and there was a lot of other evidence that we had that the public doesn't have.
 
You might see the clip and think it doesn't look right. But I can reassure you that there was a lot of evidence and testimony.  We went back & forth.  There were a lot of things that when you weighted everything it just came out that the officer didn't cross the line of using excessive force. 
 
I think any other officer would have done the same thing.  There's a whole lot of evidence that the public didn't have.

It took 5 and a half hours. I can guarantee it was pain staking, going over the evidence and going over it again.  I think the jury did a tremendous job.  We had the charge from the judge that we had to consider all the evidence.  That's the thing we had to consider. 

Ya'll who saw the video clip, ya'll just have a little bit of the evidence. 

But I do think the main thing that the people don't realize is that there is more evidence than what was out there.  I believe that anyone who looked at the totality of the evidence would come to the same decision.

2009 KCBD NewsChannel 11. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

10/20/09

McCallan plans to appeal jury's verdict in favor of LPD officer Video included

A week-long trial wrapped up Tuesday after jurors unanimously agreed Officer Marsh Blackmore acted reasonably during a routine traffic stop back in 2006. During that stop L.J. McCallan was tazed and says the jury's verdict will not stop him from continuing to seek justice. NewsChannel 11's Ann Wyatt Little has McCallan's reaction.

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