Breaking News: Kaady Family to Seek Justice Through the Courts

Just to add a personal opinion that the case is probably in pretty good hands. If anyone can win this, it will likely be these people. Gerry Spence has famously fought and won some very tough cases for the underdog. Those who remember Ruby Ridge might remember that it was Spence who won a wrongful death claim against the ATF, FBI, and US Marshalls for the killings of Randy Weaver's wife and son. And just because it thrills me to say so, Randy Weaver and Kevin Harris were aquitted on murder charges after they shot a US Marshall. They had done it in self defense. See? Sometimes, the system burps up some interesting things, doesn't it. Sleep well, Officers.

This is amazing news. Thanks, CatWoman, for your typical incredible writing. Clackamas County & Sandy are two of the most vile police jurisdictions in the country. They harbor the most insane of psychopaths, & give them badges. May Justice win, because the so-called "grand" jury obviously had lobotomies before being sworn in.

has taken the case. Bet Willard & Bergin are dumping a load in their drawers upon seeing Gerry Spence
is who they'll have to face. Even two dumbasses like these two will have surely heard of him? Let us
as a community take heart and say our prayers that JUSTICE will be finally be done.

Gerry Spence... THE Gerry Spence, the cowboy lawyer from Wyoming? That's who's representing the Kaadys? HOLY MOLY ROCKY - I can't believe it! The guy's a legend and one of the most famous defense and wrongful death attorneys around today. I just finished a book about the case of Karen Silkwood - and Spence was on that case, taking it all the way to the Supreme Court (successfully, I might add). If that's who the Kaadys got - the cops gotta be shittin bricks right now.

Please, please keep us posted - especially re: court dates. I wanted to see this trial anyway... if Spence is representing the Kaadys, it'll be even better. This is BIG news. Gerry Spence doesn't take loser cases and he certainly likes the limelight... looks like he might just want to make an example of our local cops.

Cowboy lawyer vs logger cops. Tellya what. If I can't have Alan Shore at my legal table, I would want Gerry Spence, or his son, Kent. This could prove to be very interesting.

Yes, that's the Spence. And yes, I believe there are some bile-y bellies and crappy diapers over at CCSO right now.



...just wait till they see the video. :-)

Congratulations Kaadys and a big thank you to Spence! I am overjoyed to see there is still action on this case. I am thrilled to see that the family has remained strong enough to keep pushing the issue. I don't know that justice will be served, but the act of bringing suit itself is a strike for justice. Thank you everyone who has made this possible.

I'd like to know a bit more about the suit. Is it a civil suit?

I'm no lawyer, but yes it would have to be a civil suit as the state (aka the DA) would have to bring criminal charges, which, as we all know, he (via the grand jury) failed to do.

Contrary to how it's often spun, civil suits are frequently the only way a family like the Kaadys can seek justice. Many would have you believe those who file such suits are money-hungry and just want to make out financially at great cost to taxpayers (see the push in Congress re: "tort reform"). Nothing could be further from the truth. When justice has been subverted at the criminal level - as it has in the Kaady case - civil courts provide the only means for these victims to get their day in court.

Congratulations to the Kaadys for pursuing this and for retaining the services of Gerry Spence. Friday marks a sad, tragic anniversary... but I'm thrilled that Fouad's death won't slide quietly away unavenged.

BTW - Can we expect to see the video soon? Can't wait...

Sorry that the details are so very sketchy, lawyers have a habit of dropping these bombs off at the court house, then going on holiday. Apparently, the local corp rag that shall not be named here picked up on our story and sent someone to the courthouse to do some research. Here is a cap of that article, without credit:
" Famed lawyer Gerry Spence is taking on another civil rights case in Oregon.

This time, the colorful, fringe jacket-wearing storyteller is taking on the city of Sandy and Clackamas County. This week Spence's firm filed a lawsuit in U.S. District Court, claiming cops wrongfully shot and killed Fouad Kaady during a confrontation last fall.

In the Kaady case, the Clackamas County Sheriff's Shooting Review Board found that Deputy David Willard acted appropriately when he and a Sandy police officer fatally shot the 27-year-old Gresham man in a confrontation along a rural road north of Sandy.

Kaady, a suspect in three hit-and-run crashes on the day of his death, was bloody, naked, combative and unfazed by 50,000 volts from a stun gun, when he leapt atop a patrol car and threatened to kill Willard, police said. A Clackamas County grand jury later cleared both officers of wrongdoing.

In the lawsuit filed this week on behalf of Kaady's family, Spence alleged that Kaady's civil rights were violated.

Spence is no stranger to Oregon's courthouses. He's on the legal team representing Brandon Mayfield, the local attorney jailed in connection with the 2004 Madrid train bombing and then cleared. With help from Spence and two Oregon lawyers, Mayfield has mounted a high-profile challenge to the USA Patriot Act.

Spence, a regular legal commentator on cable television, is frequently tapped by the media for his opinions on trials of everyone from Saddam Hussein, the deposed Iraqi leader, to Scott Peterson, the California man accused of murdering his pregnant wife. He's also a prolific writer whose books include "Seven Simple Steps to Personal Freedom," "The Making of a Country Lawyer" and "How to Argue and Win Every Time."

Spence's recent book, "The Smoking Gun," was based on the Oregon case of Sandra Jones, accused of murder. Charges against Jones were dismissed in 1986, only to be reversed by the state Court of Appeals. The trial was moved to Multnomah County, and she was acquitted in 1988."

We will of course continue to keep the real news site posted, as contact can be made with the local attorney who has assisted in the filing.

For the real curious, a quick search of Google News "Kaady" will also bring up the corp news site, if you are disposed to needing "news" confirmation. Remember though, you read it here, first, just like the "news" paper did.

Either of the above slack jawed yokels could have, should have, saved the county a great deal of expense and grief, right from the start. I know the Kaadys, and money is the very last issue on their minds. They have lost a son. No amount of money will ever vindicate their loss. If the Sheriff had been a moral person, and just stepped forward with the truth, that there was a MAJOR fuckup, and that his deputy and the ball less rookie from Sandy were at fault, then apologized profusely, none of this would now be happening. The officers should have at least SOME consequence for murdering a man, but no one expected that they would go to prison, at least not the Kaadys, who until this incident assumed that the cops were moral, and that they worked for the public welfare, and that they were human, and as such capable of mistakes. Now they can see that the only way to effect any change in these assholes is through their pockets.

And it's time to make them pay. I'm so glad the Kaadys got a decent lawyer. We're with you, Kaady family!

"Kaady, a suspect in three hit-and-run crashes on the day of his death, was bloody, naked, combative and unfazed by 50,000 volts from a stun gun, when he leapt atop a patrol car and threatened to kill Willard, police said. A Clackamas County grand jury later cleared both officers of wrongdoing."

This is how the corporate media apologists describe the killing. And this is all most people know. This is why it is so hard to find justice. Because these things are framed by the corporate police state, and they are skillfully spun in a manner that makes people not care. The story is everything, and if they can control the story, then they can control the outcome. That is why it is up to us to reclaim our voices and tell the real stories.

In fact, the story of the killing of Fouad Kaady is very different than the strangely dispassionate words in this blurp would suggest. For those who have forgotten, here is what really happened.

Fouad Kaady was driving down the road when he caught fire. It is the belief of many members of his family that he had been transporting gasoline in his mother's car because his truck had run out of gas. This fact is supported by witnesses who observed that the pickup truck he had been driving had apparently run out of gas in front of a local business earlier in the day, and had been towed away. Kaady was seen heading back toward home, to get his mother's car. Witnesses at the tow yard reported that the truck was out of gas. So it does, indeed, appear likely that he had been transporting gasoline, and as he was a smoker, that is probably what sparked the flames. In any event, however it happened, a fire ignited as he was driving the car. We know this, because the fire touched off several small grass fires along the road he was traveling. In addition, at least one witness reported seeing the windows of his car black with smoke as he drove past.

As he was flailing about trying to put out the fire, his car struck another car (driven by Tiffany Stenko), and then another. Moments later, with the cab of his car filled with smoke and fire, he went off the road and crashed into a small wooded area. I almost feel it too obvious to add that most people would not be able to drive much better than he did, if they were on fire. But the corporate media and the police agencies involved in his killing continue to harp on the alleged "hit and runs" that occurred as he was struggling to put out the flames. Whatever.

When the car finally stopped, Fouad got out in a daze. Witnesses note that he was burned over his entire body from the waste up, and that he was bloody and confused. He apparently suffered injuries in the crash, aside from the burns that were so severe that flesh was literally hanging from his body. He was in shock, as is normal when the body suffers this kind of trauma. And, as is often the case when people are in shock, he was confused and not acting very coherent. This is not because he was some drug-crazed weirdo as the media has repeatedly implied. It is because that is how people react when they are injured.

It is at this point that an interesting side detail emerges. Because almost every account of this event in the corporate media makes reference to a "good samaritan" who supposedly "tried to help," but was "kicked in the chest" by Fouad. This helps to build the scary image of Fouad that the media created, the one the public was expected not to empathize with. But there is a strange smell in this story, if one digs for it. Because the "good samaritan" was hiding something. He disappeared into the woods after Mr.Kaady, and when he came out his hands were covered with blood. It was his story to the police that he was bloody because Fouad kicked at him, and he grabbed Fouad's foot to protect himself. No one else saw what happened. The stench starts rising only later, if one digs a little more than anyone in the mainstream media or the police force did. Because as it happens, this "good samaritan" was one Ronald Poirier. He did not tell anyone at the scene, not even the police, that he is in fact Tiffany Stenko's uncle. Remember, she was the woman whose car was initially struck by Mr. Kaady's car. Hmmm. What are the odds that Mr. Poirier just happened to be around right then, just happened to be available to follow Mr. Kaady into the woods to "help" him like that, just happened to forget to mention to the police his relationship to the woman involved in the initial accident? Hmmmm. And yes, Ms. Stenko had a cell phone, and had contacted at least one member of her family prior to Mr. Poirier's fortuitous appearance. Seems odd that the corporate media would continue to refer to a "good samaritan" without asking any questions about this little detail. Unless their purpose is really just to make people believe that this guy was an iredeemable freak who "had it coming," the way the police want us to believe.

After this, Fouad wandered away from the scene. (This is the "run" in the "hit and run" story.) He wandered off down a dirt road through a nearby nursery, and just kept going. People began calling 911 to report him, as he was obviously not well. Injured, losing blood, confused and in shock, his behavior was indeed odd. As anyone's would be under the circumstances. And yes, he was naked. He had been dressed earlier that day, but something about being on fire can leave one looking disheveled and not as socially acceptable as people who weren't nearly burned to death a few minutes before. Go figure.

After awhile, Fouad came to a nursery, where a man named Robert Montgomery was just closing up the door of his semi truck. Mr. Montgomery saw Fouad weaving up the street toward him, and then saw him just sit down in the road, obviously very badly injured. Another witness, Elaine Thornlimb also saw this, as she had been following Fouad down the street to look after him. When he sat down, she stopped her SUV and watched. Dozens of nursery workers also saw what was happening. Moments later, a police car came careening up the road, and almost drove right past Fouad, as he sat there on the pavement. One of the witnesses waved them back, hoping the the cops were there to help this man. It's a common mistake.

And this is the part that makes me sick to my soul. Because both officers, in their own words, have admitted that they could see how badly injured Fouad was from the moment they drove up. Both admit that he was obviously very badly burned, that he had skin hanging from his body. Both say they knew he was unarmed (where ever would he have hidden any weapon?). They described him, in their own words, as being "catatonic," and "in shock." Both acknowledge that, when they approached him, he was sitting quietly in the road. He was posing no threat to anyone. And yet, rather than calling for medical help and waiting for it to arrive, they savagely attacked this poor man as he sat there more vulnerable than any human should ever be.

According to all witnesses, and even to the officers themselves, they leapt out of the car and assaulted Fouad with tasers. One witness told me that they jumped out like Starskey and Hutch, ran over to him and started barking and hollering orders, and then just started tazing him within seconds. Their story is a little different, though not much. They make it sound like they tried to reason with him for awhile first, but even they admit that he never even got up, never raised a hand, before they started searing his already seared flesh with taser barbs. The facts support the witnesses' stories more than theirs, in that the killing took place within seconds. He never made a threatening move, or even so much as a rude gesture. All he did was sit there, unable to comprehend what they were saying. And 28 seconds after they leapt out of their car, he was dead.

They say that they demanded that he lie face-down on the ground, and when he did not comply, they tased him. This "non-compliance," that is the "combative" part of the story we keep hearing. But even both police officers admit that he did not follow their orders because he was not able to. He was catatonic. He was in shock. He was confused. They admit this. And yet, they continue to claim that tasers were appropriate to use when he did not comply. Unbelievable. Even just the fact that they demanded him to lie face down in the first place is inexcusable in my opinion. Remember, this is a guy whose skin was burned almost to the bone. Didn't these people ever take a first aid class? And if not, they what business do they have answering a call like this in the first place?

They tasered him repeatedly. They never gave him a chance to comply. They demanded that he lie down, and then that he "go over there and lie down." (They were directing him to a yard on the side of the road.) Throughout the tasing, he never tried to hurt them, never resisted in any way other than just not to "go over there and lie down." And how could he have complied anyway, as they never stopped tasing him long enough to allow him to do so. The officers describe him as "convulsing" and reacting to the taser as anyone would. Yet the media story is that he was "unfazed by 50,000 volts from a stun gun." Makes him sound like a real, scary monster, doesn't it. And that's the plan.

A witness told me that he heard Fouad begging the police not to tase him. "Please don't, please don't," he repeated. But they did not stop. After being tased and tased and tased, he finally leapt up and tried to get away from the pain, but the officers followed him and tased him again. On another interesting side note, when they tased him this time, he may actually have been attempted to comply with their demands. Because he was trying to run in the direction of the yard they had just told him to "go over there" to. In any event, when they followed him and hit him again with the taser, he turned and tried to go the other way. Blocked by the police car, he climbed up onto it, still in a daze. That is when they shot him to death.

According to Robert Montgomery, who was standing right there, it was so fast he could not believe what he saw. He said there was "no possible justification" for what they did. And here, again, is an interesting detail for anyone who really cares what happened, which the corporate media obviously did not. Because in their statements, both officers repeat an intriguing mantra. Both claim, repeatedly, that right before they shot him, Fouad screamed, "I'm gonna kill you, I'm gonna kill you." Strangely, both officers repeat this in the same, dull monotone every time they say it. As if memorized from a cue card rather than experienced from real life. And strangely, nine other witnesses who were close enough to see and hear the entire incident did NOT hear Fouad make this threat. No one, other than the officers themselves, heard him threaten their lives. Hmmmm.

Why didn't the corporate media see that? It was right there in the police reports. Why did they report the threat, but not the apparent contradiction of the facts? Why did they tell us what the police claimed, without telling us that this claim was an obvious lie? These are questions we must ask ourselves.

In fact, even if he had screamed out such a threat, it would have been irrelevant. Because he was one, small man. He was naked, and burned, and in shock. He was unarmed. He had no way to hurt them. Both officers outweighed him by a substantial margin. Aside from the guns and the tasers in their hands, Bergin actually had guns stuffed in every available orafice. Shit, he even had a gun in his fat little boot. How are we to believe that they could have "feared for their lives," as they claim? How? It is simply not possible that a reasonable person would have thought it necessary to shoot and kill Mr. Kaady under these circumstances. No, such a threat would not have justified this murder, even if he had made it. But the facts show that he did not even say this. They are lying. And if they are lying, then obviously they know that there is no justification for crime they committed. Why doesn't the corporate media say so?

Oh yeah!! This sounds like an encouraging development. Haven't heard much about Gerry Spence lately. Wonder how his batting average is. He's got a good website...gerryspence.com . Fouad Kaady's very tragic death by what appears likely to have involved incompetence and contempt on the part of officers of the law, may finally get the level of scrutiny neccessary to arrive at justice for this man.

Keep us posted on the details of the case being made for Fouad by Spence's firm.

According to several websites, Spence has a great record:

"He has not lost a jury trial since 1969, and has never lost a criminal case, although he has had several of his more prominent civil verdicts overturned on appeal and lost a 1985 Manslaughter case at trial, later prevailing on appeal."

Thanks for the excellent recap Catwoman. I appreciate your taking the time to relate the facts of the case - again - without the MSM spin. I wanted to puke when I read the O's little blurb today that you so succinctly discredited. I suspect (hope?) more will be coming to IndyMedia to learn about this case, and it's helpful to not have to dig through old archives to get the entire sordid story.

Thursday- Sept. 7, 2006 (364 days since Fouad Kaady was murdered)

REMEMBER THE KAADY KILLING!

When I read and watched on T. V. News of the killing of Fouad Killing on Sept. 8, 2005 I was in shock as to how two cops could turn a medical emergency into homicide so I made a vow to get involved and stop the killings.

I called Oregon State Police and asked the top training officer, Lt. Duithit what action must a witnessing police officer must do when they see a police officer repeatedly beating a person that is restrained? His reply was the witnessing officer must assist in the arrest and report the incident. I said what good would that be if the person received a permanent injury or dies. Not until I said we will start a police oversight board did Lt. Duithit say I will do two things and send you a change in our procedures.

Superintendent, Ron Ruecker of Oregon State Police (O.S.P.) failed to reply to our many letters including after the formation of the oversight board and Freedom of Information Act to see their procedures which took many months, until state legislators gave pressure to Governor Kulongoski forced Supt. Ruecker to send his first letter to us with Code of Conduct procedures that had no specific procedures from minimum to maximum force to be used against an offending police officer. No training nor "Up the Command" reporting required including our oversight board.

Governor Kulongoski has failed to respond to our several letters to him via certified signed receipt and Attorney General Hardy Myers said the governor could take action, as we suggested demote or fire Supt. Ruecker for his pre-meditated breach of his oath of office and violation of the state and federal constitutions of protecting rogue cops not Oregonians.

The following three organizations also recieved from our oversight board the same request on specific procedures etc. and again none of them have replied.
1. On July 4,2006 to Craig Roberts, Sheriff of Clackamas County.
2. On July 4, 2006 to Dale V. Scobert, Chief City of Sandy.
3. On August 9, 2006 to John Minnis-Director of training of Oregon Dept. of Public Safety Standards and Training.

Governor Kulongoski, Attorney General Myers and Supt. Ruecker were formerly notified that federal agencies are now investigating per our request.

When there are absolutely no clear police procedures, training nor accountability to stop police officers from crossing the line to illegal violence, the leaders will be held responsible by the federal government to stop the police code of silence and "testilying" that makes it easy for District Attorneys to get acquittals for out of control cops from Grand Juries.

With the federal lawsuit filed by the Kaady Family on Tuesday Sept. 5, 2006 and one of the 5 best nationaly known attorneys, Gerry Spence this case will be thought of by Americans as "Remember the Kaady Killing!"

For documents quoted above we will e-mail them to anyone, just send request to  js@atlansky.com 24/366. This has been a century old police major problem any assistance anyone may feel to be of more help we welcome with open arms. Thanks in advance for your concern.

Future Success,

Jerry Atlansky

Seems to me that while they killing was being "investigated," even before the "grand" jury pronounced this heinous act to be perfectly o.k., Officer Bergin took his PAID administrative leave time, and put it to good use-he went to Las Vegas to forget his troubles. How is that workin for ya, pal?

ClackCo SO and Sandy PD are f*cked in the butt.
Spence will kick their sorry asses.
They will be FORCED to reign-in their THUG police forces.

How unfortunate the family must endure even more.

I see in the news, Clackamas County promises
a vigorous defense (at our expense).
Can't the Government EVER admit it when they're WRONG??

I watched KATU to see just what would be said about this case, and found the story selections as 'interesting' as the spin. First, the Kaady case was glossed over with the same terms as always...strange behavior, possible hit and run, etc. Then the wide-eyed talking head mentioned the possibility of a "mental condition causing extreme aggression". None of this makes sense to those who have studied the records. Once all of this was aired, there followed a long (for corporate media) presentation of films and demonstrations about how well the police officers are trained to make those split second decisions between life and death. "How they learn when to shoot and when not to shoot." I find it very interesting that this was aired right after the announcment of the Kaady suit. As an aside, during the film, we are told that first thing an officer is supposed to determine when approaching a volatile situation is whether or not the 'suspect' has the ability to injure the officer, himself or anyone else. In Fouad's situation, as CatWoman so clearly pointed out, that criteria was not met. Still the blathering heads rattled on, never mentioning that again. No one asked why, if Fouad was naked, injured, bleeding and in shock, those officers made the choice to shoot him.

Unbelievable, the corporados go to any lengths to whitewash anything questionable the cops ever do. Thanks Catwoman for giving us the scoop on this. Hopefully the great Gerry Spence can help the family and the community recover some dignity and light from this dark, dark tragedy.

I know it's hard, but you keep doing it. Bless you and your sweet fierce heart.

This is all?

This is all the rage that we, as human beings, can muster? There is WAY more support for soccer teams than support for justice against this seemingly senseless killing.

I've seen more support for the Portland Timbers than for Kaady. Who really cares? I know his family does. I cannot even begin to fathom the loss that this brings to them. My wife and daughter were gone for two weeks on vacation... and I cried when I made made the bed over what situations my imagination brought up. My family made it home in one piece.

The Kaady's family lost a son.

And all we're doing is typing away on indymedia. We're Americans. We're desensitized. We keep paying our taxes. We browse the internet for news and get angry at what we see. And we really do nothing.

But how long will this continue? How many of us have to experience this loss before we grow the fuck up and STOP THIS FROM HAPPENING AGAIN?

There have been marches of tens of thousands of people in this city to protest the actions of some phantom president and his decisions that effect lives of people on the other side of the planet, but when it comes to our own hometown... the massive numbers of people are strangely silent.

I am a coward. I will not go to jail for Kaady by acting in ways that my soul advises. I will take with me, however, a permanent distrust of those who "Protect & Serve". I will pass this distrust to my child who, hopefully, will be able to make change.

Fuck The Police.

Yes, that does seem to accurately describe the condition that the assailants, Bergin and his partner, were suffering from...

For lots more information, please see this piece by IMCista Jayson Dunlap:  http://portland.indymedia.org/en/2006/09/345611.shtml

(Nice work, Jayson. Thanks!)

What happened to a burned injured man is sickening. I'm glad the family has retained a great attorney. Let justice be done!

E mail the chief of Sandy police with your words
 hskelton@cityofsandy.com

This morning, three days after the event, KGW picked the "news" up from Associated Press, which no doubt picked it up from this site first, and then printed the following on their web site. The last paragraph says it all. Once again, to spin the reader in the corporate line, they cite some of Spence's cases, but they are cherry picked to include the ones most likely to create backlash in the uneducated reader. Imelda Marcos? WTF?

What they should be focusing on his how much money could have been saved, by merely doing the right, the moral thing. How much could still be saved by not wasting the tax payers' dollars trying to defend this indefensible act.

Here is the "news" according to KGW:

Police named in wrongful-death suit filed by Portland family

09/08/2006

Associated Press

The family of Fouad Kaady, an unarmed Portland man shot to death by police one year ago, has filed a wrongful death lawsuit in U.S. District Court.

The suit, to be argued by high-profile attorney Gerry Spence, names the city of Sandy, Clackamas County and individual officers. It seeks monetary damages in an amount to be determined at trial for excessive force, wrongful death, unconstitutional arrest and civil rights violations.

Kaady, 27, was naked, burned and bleeding when he was shocked with a stun gun and then shot multiple times by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office.

A Clackamas County grand jury, in a decision criticized by Kaady's family and some members of the community, opted against bringing criminal charges against Bergin and Willard.

Kaady had been suspected in three crashes in the hours before his death, the last of which happened on a rural Clackamas County road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help.

In the official police report, a detective said Kaady's bizarre behavior before the shooting may have been caused by "excited delirium," a condition associated with illegal drug use, mental illness or injury, experts say. People with the condition display great strength, are impervious to pain and strip off their clothing because they become extremely warm.

Kaady's family thinks his behavior was caused by the shock of being badly burned when a gasoline can exploded into flames inside his car.

The suit claims officers should have spoken calmly to Kaady, reassuring him that medical help was on the way. "The law enforcement officers instead treated him in a hostile manner, ordering him to lay on the hot pavement on the burned skin that was hanging off his torso, shooting him in the back with the high charges of electric shock from the taser weapons," the lawsuit states.

After being stunned, Kaady started running around, eventually to the top of a patrol car, where he reportedly yelled and growled at officers.

"When it appeared he was going to jump off the car at me, I fired," Willard said, according to a transcript of an interview he gave to investigators last year.

The lawsuit claims the sheriff's department and Sandy police have cultures that encourage officers to use deadly force as a "primary law enforcement tool when faced with a person who may be acting in an unusual way."

Michelle Burrows, a Portland attorney who will argue the case with Spence, said: "There is no doubt in my mind that this was not a justifiable shooting."

Scott Lazenby, Sandy's city manager, said he and other city officials have been instructed not to discuss the case. Lawyers for the Clackamas County counsel's office told The Oregonian newspaper that they are ready to defend. "We feel sorry for the family, but we believe this is a very defensible case, and we will fight it," said Ed McGlone, an attorney with the office.

Spence is a frequent TV commentator known for his buckskin jackets and his courtroom successes, which include victories for former Philippines first lady Imelda Marcos, white supremacist Randy Weaver and the estate of plutonium factory worker Karen Silkwood. He is also representing Brandon Mayfield, the Portland attorney jailed for two weeks in 2004 after his fingerprint was mistakenly linked to bombings in Spain.

hold some rallies outside Portland's corporate media who have aided in hiding the facts of this case with signs that bare the truth, put in in their face, they are as complicit in the coverup as the police

Yes! I think the family should consider suing the PIOs and corporate media propagandists who smeared Fouad's name as well. Seems that they have knowingly and willfully caused a lot of emotional harm to this family.

Imelda Marcos indeed. I like how the AP article LN re-posted above refers to Randy Weaver as a white "supremacist" too. (He was a separatist - big difference.)

And so now they've gone from FK being "combative," "unfazed by 50,000 volts" and "threaten[ing] to kill Willard" to him being "shocked with a stun gun and then shot multiple times."

Hmmmm... Wonder if Cat's scathing rebuttal had anything to do with them tempering their outrageous BS?

Ah, but never fear, they've now pulled that old venerable favorite out of their bag of excuses: "excited delirium." Give me a fucking break.

And naturally, we are informed unquestioningly that "excited delirium" is "a condition associated with illegal drug use, mental illness or injury."

But, we're never informed that "ED" (not to be confused with the obnoxiously over-advertised erectile disfunction "ED"!) is not a medical or psychiatric diagnosis recognized by the AMA, but rather an excuse being exploited and used as a scapegoat for police abuse, originally to explain the higher rate of sudden death during restraint encounters.

"Excited delirium was originally coined by medical researchers to describe the extreme end of a continuum of drug abuse effects such as cocaine-induced excited delirium. [This] "in-custody" death syndrome was first used to describe unexplained deaths when there was no apparent cause other than a police arrest."

But, the cause of FK's death is abundantly "apparent" and anything but "unexplained," was not preceded by or related to the use of restraint, and not associated with drug use (all ED literature refers to cocaine, meth or psychotropic drug use - not pot). SO why are the MSM apologists resurrecting this lame ass shit?

Because it subtly, but oh, so convincingly (NOT!), shifts the blame to the victim. You see, if Fouad had a strange and mysterious "condition" (the fucked up logic goes), shooting him is tragic - but "defensible." I can't wait to hear Spence rip this nonsense to shreds.

Which brings up another point LN addressed above - the cost of this fiasco. I wonder how much the city and county are going to put out for expert witnesses to support their "excited delirium" and "action-reaction" (remember James Jahar Perez?) BS?

Funny they have the friggin nerve to ask us for more money to build a new county jail and hire more armed thugs, but they've got more than enough to throw good money after bad by vainly attempting to fight this. I hope all Clackamas County residents remember this when they vote on the bond proposal.

I was looking for more information on this shocking story and I came across a press release from the Clackamas County Sheriff's Office.
The press release describes the brutal killing by the police as:
"The use of lethal force, with a handgun, was then administered by at least one of the officers present. As a result of this lethal force with a handgun, Kaady died at the scene."
The entire press release can be found here:
http://web4.co.clackamas.or.us/mrm/1241.html

There is also a telephone number at the bottom so you can call the Sherrifs office and tell them how you feel about this slanted and false version of events!

Back in July when a Gresham Cop ran a stop sign and killed an innocent civillian, I wondered if there would be any accountibility. I also wondered if this cop would have to submit to toxicology test. I thought about all of the absolute crap that had been written in the Oregonian a year earlier when Fouad Kaady was murdered by two cowardly cops in Clackamas County. Back during that time I exchanged a number of emails with Stuart Tomlinson of the Oregonian challenging both the inaccuracy of his reporting as well as his blatant attempts towards making Mr. Kaady appear as some kind of drug crazed homicidal maniac, while at the same time making the cops out to be these cops out as the nice professionals who showed up to help and simply ran out of options.
THIS WAS BULLSHIT AND I TOLD STURART SO. He would write back to me and tell me medical therories about something called extreme delerium and cite anything else he could to support the unjust shooting of Fouad Kaady.
So here we are in July and this Gresham cop has killed a citizen in Gresham. I decide to email Sturart at the Oregonian and bring up this subject of accountibility once more. Below you can read the emails. I apologise if this offends anyones sensitivities, but I think it's important to see where this Sturart guy is coming from. I guess my big question is this: Is main-stream media so fucked-up because of guys like Sturart Tomlinson, or does main-stream media demand that their writers fit this mold of being fucked-up supporters of authoritarianism & facism?
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( letter sent to Sturart regarding officer involved traffic fatality.)
>>> "Mike Severin" < tskudas@msn.com> 07/06/06 01:45PM >>>
Hey Stuart;
Long time no talk. Hope all is well with you. I believe last time we communicated it was over the Kaddy shooting, and that we agreed to disagree.
I don't know if you recall but one of my big concerns about the Kaady shooting was that the officers involved had engaged in very questionable behavior that led to the loss of Mr. Kaddy's life, and that despite this they escaped the level of scrutiny and accountability that any other citizen would face in similar circumstances by not being tested for alcohol or drug toxicity.
Well here we are again with this situation where there was the loss of life, questionable circumstances, and a free pass given to law enforcement where any other citizen, public or private would have to show some accountability.
If I remember right , you took the position of defending the police in the Kaddy shooting and even went as far as suggesting that Mr. Kaddy died of some form of
delirium or hysteria, rather than the seven holes the coroner found in his body.
I would like to hear your defense of the police here and what possible reason there could be for being giving the responsibility of deadly force decision making, but being exempted from the common level of accountability that any other citizen would face when and if things go wrong as they obviously did.
Just this one single issue is huge in my eyes. Is this a democracy or a police state?
This is so blatantly corrupt and unfair that all citizens that haven't already been brain-washed by the corporate media and those in power, should be out in the streets demanding an end to this double standard of justice. In my opinion, this should be a huge issue with both the public and the media. Why don't you stick your neck out just a little on this one and help make it the issue it should be. I think it would gain both you and the Oregonian a lot of the respect back that has been diminished in recent years over such cases. Would appreciate your time and feedback on this one.
Mike Severin
Welches OR.
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(STURARTS RESPONSE ) Pretty Shocking if you ask me!!

From:  stubobusa@netscape.net
To:  tskudas@msn.com
Sent: Thursday, July 06, 2006 4:42 PM


These views reflect my personal views and no other entity, public or private.

Jeez, Mike, you still hashing this one out? I never said he died from excited delirium, I said he was in that state when he started smashing his 4,000 pound automobile into three cars on the highway, and then running amok -- naked and grunting -- in neighborhoods close to an elementary school, which was in lockdown, by the way. The cops made some procedural errors -- leaving the shotgun on the hood of the car, duh -- but their first instinct was to help Mr. Kaady. By that time, however, he was too far gone, whether it was drugs or a psychotic break. Even the people, eyewitnesses who said the cops shouldn't have shot him, were scared to death he would hurt them. What were the officers supposed to do? Hold his hand? It's all unfortunate, and sad, and terrible, but if anyone starts running through my neighborhood like this, I hope the cops show up, and stop him, with whatever force is neccesary to protect the public. And the public did account for their behavior. I believe a grand jury cleared them of wrongdoing. Thanks.
--------------------------------------------------------------------------
( I'll leave it up to you, but I think this is absolutely outragious and shows very well what a sick fuck Sturart is. Below is my response.)
--------------------------------------------------------------------------
"Written July, 7, 2006 6:13 AM"
Geez Steve;
You still don't have it right. I have spoken with literally hundreds of folks and the immediate family about this case and regardless of which side they were on concerning the justification of this shooting, almost all of them acknowledged how inaccurate, biased, & fabricated the reporting in the Oregonian was on this incident. It was appalling to read the lies published almost daily about this case in the Oregonian.
At one point your paper even went to the extreme of editing a picture of the many people that showed up at a protest in Oregon City to make it look like only a handful of people showed up. FYI Steve; They don't lock down schools on Saturdays. There is no need for this because they are closed. At no time did a grand jury clear these two cowards of any wrong doing. They were cleared of intentionally breaking the law, We also found out later that they didn't violate any department policies. That was because our CCSO has no policy against shooting severely injured naked people whom clearly are not in possession of any weapons. Mr. Kaddy's first contact with the police came as he was sitting in the street naked & badly burned. When he couldn't role over on his stomach, which was where he was the most badly burned, he was tazered countless times. If that's your idea of professional conduct and offering help you are obviously a very sick man.
That's OK though. I know many people like you that are eager to get in line and blindly support and follow authority. I believe its fear that motivates people like you more than anything. You think if you hide behind the façade of conservative respectability and support the rulers and winners in our society that you will remain safe & protected. I believe that someday you will have to answer for the social injustice you support, and that like the citizens in Germany after WW2, that your claim will be; We didn't know these awful things were happening. We were just following orders and trying to obey authority. I thought I liked you when I first talked with you on the phone six years ago, but must say that you have diminished my respect for you over time.----Fortunately some of the smaller papers like the Gresham Outlook and the Sandy Post really shined & did a great job of covering this tragedy. You know what they say Steve. You can't fool all the people all the time.
M.S.

I hope this civil Case sets precendence in the state of Oregon, A state where murderers with badges recieve paid vacations and families of the Victims are scrutinized and belittled with biased media representation and Secretive Grand Jury injustice. As a victim of the flawed system I can openly say that unless something Is done to prevent corrupt politicians and cowardly police officers from operating with impunity, history will continue to repeat itself. My thoughts and prayers are with the Kaady family on the year anniversary of his Murder.

"The cops made some procedural errors...but their first instinct was to help Mr. Kaady."

Good God. Thanks to Mike for exposing this.

Simply unbelievable that imcistas were able to uncover the truth, with so few resources and no financial incentive to do the hours and hours of digging and research that this story took...while someone getting a fat paycheck to be a "journalist" has no more grip on this story than that. Simply unbelievable.

Then again, Mr. Tomlinson is not getting paid to get the facts straight. He is getting paid to brainwash the populace into submission to the corporate police state. Job well done.

See, this is just one more reason why media from the heart trumps media for money hands down.

I guess the thing I found most upstting and shocking in Stuart's email was his opening line; "Geez, Mike, you still hashing this one out?"

I guess no one has ever told me what the proper length of time might be to remain concerned and outraged, or hurt over the unjust taking of a human life. Evidently for some reason, Sturart feels that the taking of Fouad Kaady's life, merits little concern past a short period of time and that we might all be better off if we just forgot about it.. How ironic that it was Sturart himself that just wrote this weeks Oregonian article announcing that the high powered attorney Jerry Spence would be coming to Portland to argue this case in court on behalf of the Kaady family. I wonder how Sturart feels about one of America's finest attorneys also being willing to continue, "hashing this one out".

My best thought is that at the least, we need to request that the Oregonian have Sturart disqualify himself from any future reporting on this case based on his extreme prejudice, his unprofessional disregard for truth, and his callous disregard for the feelings of the community and those of the Kaady family. We have all suffered a huge loss in Fouad's death and heaping insult upon this loss is inexcusable and unacceptable.
I invite you to contact the Oregonian
Fred Stickel: Publisher
Phone: 503-221-8140 FAX: 503-294-4175
or EMAIL managing editor:  bhammond@news.oregonian.com

Is that Stuart is a fucking moron, but is somehow granted some kind of "legitimacy" by the Oregonian. I, too wrote to Stuart after his brainless article about the phantom syndrom, "excited delerium," which was invented by some head case doctor to explain superman strength attributed to all kinds of things, from drugs, to flight or fight, to Viagra induced hard ons.

I gave up on trying to reason with the moron. His "expert witless," the highly qualified Canadian who is hired because he says he is an expert, also weighed in, but he quickly stated that he saw nothing in this case remotely linked to excited delerium. He merely stated that if the victim was as violent and strong as the wimp assed cops said he was, and if they could find any drugs on or in Fouad (they did not), then ED might be a factor. He did not realize what freakishly cowardly bastards these two cops were, nor that they were FAR more afraid that he might touch them and somehow contaminate them with his peeling skin and blood, than they were that he might touch them. They never showed any concern at all at all, for the welfare of Fouad, for anybody else. They just "knew I couldn't let him leave, and I couldn't allow him to touch me. Seems highly unlikely that any aid for Fouad could result from such paranoia.

As for Stuart, don't dignify his stupditiy with reasoned argument. He is a jackass.

A weird thing to have to say: Fouad Kaady had no criminal background, no history of drug use, no known skeletons in his closet at all. It's important to mention this, not because it matters to me whether he was a druggie or not (he was not), but because it usually matters to the corporate media's portrayal of things. They leap at any hinted suggestion that there might be something about a victim of police violence that could make it all right for the police to do what they did. So, with Vernon allen, they reminded viewers again and again that he was homeless, and that "his last known address was a prison." This does not make Vernon allen's life mean less than if he had not been in those circumstances, but it makes some people think so. They play on that.

It is interesting that they do this. Because that is where we most clearly see the connection between the corporate media and the corporate police state. When Kaady was shot, the first thing the police did was search through everything about him for any little hint that maybe they could pass this off as something they had to do for the best interests of society, even if Kaady had been innocent of any wrongdoing in this case. So they searched for evidence of drug abuse. They found none. They searched for a history of violence or crime. They found none. They even searched for evidence that maybe he had gotten in trouble with the law when he was a minor, even though he was nearly 30 years old at the time of the killing. Again, they found nothing. The corporate media did the same thing. They did not search for all the inconsistencies in the police version of this story that indyistas were able to find. They did not seek out troubles in the officers' past. They did not question the lies that were told by the CCSO. But they, too, looked for some flaw in Fouad Kaady's character that would explain away what was done to him. You see? The role of the police and the corporate media is one and the same.

They found nothing on him. But what if they had? We need to consider this truth every time they tell us about someone that the police kill. Every time they note, as if it were relevant, that someone was on drugs, or poor, or had been in jail before. We need to remember to sift those things out. See what is really relevant, and what is not. Do not let them brand people, and obscure the fact that the police state is violent and out of control. Do not let them take away our neighbors' and our comrades' story by slipping in some stupid, irrelevant fact that is designed to make us not give a damn about them.

I send love and courage to the family, friends and supporters of Mr. Kaady.

After reading many reports both at the time of this horrific killing and now, I believe that it is time for us all to ask ourselves if we are prepared to help another person who may have a medical emergency, thus increasing their chances of survival. Especially in these strange times, it would seem prudent for schools and workplaces to annually sponsor emergency preparedness/first aid classes. If we can increase our first aid knowledge, we will be in a better position to help in such situations.

Just knowing that it is ok to help someone with an emergency; that it is not only ok to get involved but my god, it is proper and necessary. It's ok to jump in and to verbally direct other bystanders to assist/call for medics. Forget uniforms and titles, we are all "authorized" to help each other!

Peace

Let's hear more about "the smoking gun" book.

I know I shouldn't LN, but I can't resist...

So Stuart, if anyone starts running through YOUR neighborhood like this, you "hope the cops show up, and stop him, with whatever force is neccesary to protect the public," huh? And I bet with your big brown nose, the cops come a-runnin with guns blazing when you call, no?

How easy and convenient it must be to imagine that you and yours would be the ones needing protection, rather than the one who needed "to be stopped with whatever force necessary." If your child had become gravely injured (or was mentally ill or otherwise in crisis) and needed medical assistance, would you feel the same? Hardly.

But, no, that would NEVER, EVER happen to YOU, right? How ignorant. How unrealistic. How illogical. Hey Stu, that's why they call 'em ACCIDENTS.

Apparently the Boregonian's fixation and outrage is reserved more for the 100 year old cremated remains of long dead mental patients than they are with living, breathing people. Such compassion and outpouring of angst over "Elda's" ashes, but nothing but fear and loathing for the living. Why else devote an 85-part series of editorials to it? Oh yeah, fishin for Pulitzers might have had something to do with it.

Ironically, the Pulitzer Board gave them the award "for distinguished editorial writing, the test of excellence being clearness of style, moral purpose, sound reasoning, and power to influence public opinion in what the writer conceives to be the right direction."

Admittedly, I didn't read the whole series and so can't judge it based on these merits. (I'm sorry, I mean no disrespect to anyone's beliefs, but you can flush my ashes down the toilet, and I doubt I'd care much at that point in time. So when they started harping on that, I tuned 'em out.) But if they ARE truly capable of moral purpose and sound reasoning, shouldn't a fair and impartial press use those skills to INFORM, rather than INFLUENCE public opinion?

Perhaps that's the definition of the difference between news and editorials. Fair enough. That begs the question though, why are their writers' conception of the "right direction" so often in conflict with what's right? And why aren't they capable of the same sound reasoning in their reporting of the news?

I was honored to share in the memory of Fouad Kaady yesterday at his church with family, friends, and supporters. It was painful to see the anguish of Rachid and his family, but also uplifting to know that so many came to support and console them as we all struggle together to bring justice to this inexcusable act of violence.
I finished my day by starting Gerry Spence's book,"From Freedom to Slavery". I can't imagine anyone defining our current situation with more understanding than Spence does as he descibes the deterioration of freedom and individual rights to the monster that has been created through big government and the corporate state. In the most eloquent letter I have ever read, Spence explains to his close friend why he must represent Randy Weaver regardless of his political or religious beliefs. I wept when I read this letter and understood what Gerry Spence was really defending and how we all must take responsibility for allowing our country to sink to the unspeakable shit-hole level that it is currently at.. Mr. Spence is keenly aware of the part the media has played in the unforgivable crimes our government has come to inflict on us and warns us that we need to turn the tide. I recomend this book to anyone looking to understand just how corrupt our current legal system has become and is trying to understand how to change it through media like we have here.

I just had to thank you for cutting through to the quick. Keep em coming.

Yes Rev.Rawhide Wagontire, The Spence Book from freedon to slavery is the place to start now. I have read couple of chapters in that book and I need to get back to it if anyone know where we are in history and so many important issues it would be Gerry Spence. He said it correctly, eloquently, and gracefully and now that he will be coming to Or. to argue the Kaady's case maybe and maybe more people will know who this legend is and get interested in his books. It will be a great begining and very timely since freedom is becoming a rare commodity. Let us turn the tide. Spence is great lawyer and also a great teacher. Let who have ears listen.

OK, so I started one of Spence's books yesterday too - "The Smoking Gun". And I'll be damned if I didn't stay up all night reading it. [I hate that when I do that. Some books are almost like drugs, I think... the really good ones are so hard to quit.)

Anyway, I highly recommend it. It's about the murder trials of an Oregon mother and her 15-yr-old son, Sandra and Mike Jones, Jr., who Spence represented. I've only been in Oregon about 10 years, so didn't know anything about this case. Maybe you natives remember it? It started in 1985 in Lincoln County. It is friggin unbelievable.

Spence is a great storyteller, and he takes you through this incredibly complex (and contrived) case from discovery and preliminary hearings all the way through appeals. It's a fascinating tale of the real-life workings of the criminal justice system and the judicial process. It's also a devastating indictment of what passed (and still passes) for "justice" in Oregon. Apparently, lawless lawmen are not a new phenomenon in our beautiful state. (Oh yeah... and neither is the one-sided, opportunistic, Oregonian - which plays it's own hideous part in this saga. Go figure.)

After reading just half of this book, I don't if I should be encouraged or not. The actions of the state in this case - the cops and DA - are beyond the pale. It's frightening how much leeway they were given to pursue this poor woman and her child.

But on the other hand, if anybody's up to that battle, it seems Spence is. The guy is brilliant and he does not give up. This case lasted four long years, I believe, with he and his team away from home for months at a time, working pro bono throughout. But without him, Sandy Jones and her son would have been run over. And he didn't let that happen.

Spence is a showman, a salesman, a master strategist - everything a great trial lawyer has to be. So perhaps I've just been charmed by his eloquence. But I don't think so. The man's heart and integrity shine through over and over again.

He's one of the rare breed of talented, successful individuals who doesn't look down upon those who may be less so. He not only feels strongly about equal access to justice, but will fight to ensure it. It's just too bad that 20 years later, we still need someone like Spence in Oregon.

Sandy Jones called Spence her "angel from the mountains." I'm glad that angel is watching out for Fouad's memory, his family and our whole community now.

I would like to see a movie made from The Smoking Gun.

This is a link to Gerry Spences newest book...it is head on against the corporate media s hate mongering. check it out at":  http://www.gerryspence.com/bloodthirsty.html