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Bergin Arraignment reportback

William Bergin appeared for an arraignment in front of Judge Mauer.
The courtroom was filled with supporters of the Kaady family including Juan Rubio. When Bergin got up to appear, his lawyer Des Connell was served by Michelle Burroughs with an order to recuse himself because of a conflict of interest because Connell's daughter formerly represented the Kaady family. After some fireworks between the two Connell said he needed some ethical guidance from the bar, and the Judge agreed to set the arraignment over until January 5th at 1:30.

As soon as it was clear that the proceeding for Bergin was over the courtroom immediately emptied with Bergin running out the back door.

More details forthcoming... 11.Dec.2008 16:23

Indy Court Reporter

Thanks to the fabulous stenographer who put this up so quickly! For those not familiar with all the names, a few more details will be forthcoming. For now here is a name guide:

William Bergin: Murder, rapist, thug. Ex Sandy police officer who killed unarmed accident victim Fouad Kaady. He was being arraigned today, alas not for murder (yet), but for theft, official misconduct, and misuse of a license.

Des Connall: Bergin's attorney, whose daughter formerly represented the Kaady family. (Hot water for him, as the obvious conflict of interest caused quite a ruckus in the courtroom today, and likely will have ramifications for him later.)

Michelle Burroughs: Local attorney for the Kaady family legal team, having a bad hair day today for sure.

Juan Rubio: Citizen of Sandy whose son, Carlos Rubio, was in all likelihood murdered by the Sandy police. Juan is somewhat of a cult hero for having the courage to stand up to the Sandy old boyz, even though he of all people understands just what they are capable of. He once chased Harold Skelton, chief of the Sandy police, down at a local parade, demanding accountability for their crimes. Skelton had Rubio arrested for disorderly conduct, but the judge promptly threw out the charges and excoriated both Skelton and his wife for lying on the stand, and for arresting a man who was merely exercising his First Amendment right to address a public official and demand redress of his grievances.

also there 11.Dec.2008 16:57

readie

What struck me was the fact that so many people from so many different places all came to stand together to watch this event. "We have to stand up", one man said. We have to be there watching. I was impressed that we continue to follow through and pull together to see that justice is done. We will not stop watching. The court room was small and cramped and I was crammed back in a corner. It was a little nerve-wracking to be sitting so close to Bergin and I tried to understand how that man could have been as cruel as he was when he killed Fouad.

As for Kyle Iboshi, how could he of all people show up there? He only asked, "Was Fouad Kaady on drugs" when SO many other questions needed to be asked. I had to wonder if he asked any questions today. Will he ever realize that to be a good journalist, he needs to ask the tough questions? Probably not. Corporate media apparently does not ask those questions.

The next arraignment is set for January 5, 2009 at 1:30. Let us all keep on watching.

More Details 11.Dec.2008 19:57

Indy Court Reporter

Well, it looks like others have already begun filling in the details. That's what I love about indymedia.

All I can add to the story is that Bergin not only bolted through a back door to avoid having to face anyone, he also snuck in through the back door when he arrived. No one even knew he was there until people were allowed in at about quarter after one. Bergin was already inside. This is one of the benefits, I suppose, of being one of the ..."good old boys." (For those who do not remember, Bergin was once arrested as he attempted to break into his ex-girlfriend's home, after having driven himself there drunk as a skunk. In an effort to escape accountability for his crime at that time, he begged the arresting officers to let him go, and told them that cops in Sandy would have let him go, because, as he told the officer, "In Sandy we have a good old boy's club.")

I would like to address one other issue. In a comment under "discussion," someone calling him/herself "friend" makes reference to someone "screaming at a reporter and making a disturbance outside." For the record, I am the person who shouted at Kyle Iboshi out on the corner. And I will do it again, any time that man shows his face anywhere near me. You will just have to get used to that, friend. (Actually, I am one of at least two people who shouted at him.) I make no apologies for that, not to "friend" nor to anyone else. There was no "screaming," by the way. Only a guttural roar.

Just to recap why: Kyle Iboshi "reported" on the murder of Fouad Kaady in the following manner: He held up a packet of papers that came right from the police agency responsible for the killing, and pretended that this was the last word on the matter. And he apparently did not even read it. Not only did he fail to ask any questions about the inconsistencies and obvious, glaring abuses of power in that sheaf of papers, but Iboshi went many steps further. He actually pulled out a yellow highlighter pen, and selectively highlighted anything that might make the victim seem like someone who deserved to be murdered by police. He made much of the fact that Kaady "must be on drugs," even AFTER the toxicology report had come back showing that Kaady had no drugs in his system.

The worst moment of Portland "journalistic" failures, in my opinion, occurred when Iboshi stood outside the courthouse just after Bergin and his partner-in-crime, Dave Willard, were "cleared" by a stacked grand jury for the killing. At that time, Iboshi stood on the very corner where I found him today, looked into the camera, and stated, "Only one question remains tonite: Was Fouad Kaady on drugs?"

He ignored the fact that two police officers had, by their own admission, tasered, tortured, and shot to death an unarmed accident victim. He ignored the fact that, even within the sheaf of papers which he had helpfully highlighted for us, the officers explained that the reason why they had killed Kaady was simply that he was bloody, and might have made them sick with a blood borne pathogen if they had had to actually touch him.

Iboshi ignored the fact that both officers admitted that they knew that Kaady was unarmed, and both admitted that Kaady was in shock and "catatonic" when they began tasering him. Iboshi had all of those facts at hand, when he held up that sheaf of papers. But he chose not to highlight any of that. Indeed, he never even mentioned it. Instead, he highlighted a part of a statement by someone who was not even there at the time of the killing, who speculated that Kaady "might have been on drugs." He did not highlight the witnesses who said that police had no cause to kill him, nor the witness who said that he heard Kaady saying, "Please don't, Please don't," as they tasered him. Instead, he chose to highlight Willard's self-serving statement that Kaady had yelled, "I'm gonna kill you" at officers right before they shot him. (He did not highlight the statements of 9 other people, all of whom said that Kaady did NOT shout this.) Further, Iboshi never asked a single question about how it could possibly have made any difference, even if Kaady HAD shouted that he was "gonna kill you," as officers claimed, since he was defenseless, unarmed and outnumbered by them.

"Reporting" like this puts us all at risk. This kind of "reporting" has only one purpose: To excuse and justify police violence, even against the most innocent and vulnerable among us. The man whom Bergin and Willard murdered was unarmed, badly burned, bloody from head to toe. He was unable to defend himself. He was disoriented, in shock, and unable to comprehend what had just happened to him. But because he was bloody, because they did not want to touch him, two armed police officers tasered him repeatedly and then shot him to death. For Iboshi to attempt to excuse that, to justify that to a public whom he expects to just innocently take his word for it, is inexcusable.

If violence like that can be justified from this police state, then no one is safe. Iboshi is complicit in attempting to build consent for that sort of violence.

Iboshi should know that this is unacceptable. We know what he is doing, and we do not consent.

And that is why I shouted at Kyle Iboshi, and why I cannot apologize to you, friend.

January 5th, you say? 12.Dec.2008 11:33

Copwatcher

Wow! I was asked by an Indy reporter in my household if I was going to this. I was unable to, but it sounds like I missed quite a show! I'll be there next time, for sure.

There have been so many abuses coming from the Sandy police department that it surely must be only a matter of time before someone asks the FBI to investigate things out there. (For whatever good that would do.) William Bergin has been well known for quite some time as someone who feels himself to be above the law. Aside from the notorious murder that he committed, he has been harassing people and skirting the law since the day he put on his uniform. He's well known as the king of selective enforcement. He's also famously corrupt, and it matters to see him finally taken down for at least something. He was tolerated out there simply because that's the way business is done at the Sandy PD.

Thanks! 12.Dec.2008 14:58

mh

I wasn't able to be there either, so I really appreciate all the great reporting by IndyMedia journalists here. You all rock!

Especially in comparison to the lame coverage of this on our local MSM outlets. Check out the article by Trib writer Jim Hart here:  http://www.sandypost.com/news/story.php?story_id=122910044691012000

I had not a clue what was going on from Hart's article... while this report laid it all out pretty clear. Geez.

Thank goodness for IndyMedia!

Who will he get to defend him 13.Dec.2008 16:55

now

William Bergin's attorney erroneously took his case after first representing the Kaady family. Both Des Connall and his daughter, Shannon Connall, are to be subpoenaed to testify in the Kaady trial, which is why the Kaady's legal team demanded that he recuse himself from this.

So my question is, who wants to defend Bergin now? It's not like there aren't plenty of crooked lawyers around, but even so, can you imagine trying to defend this guy? A man who has made so many statements about his own misdeeds, who has admitted to police that he expects deferential treatment because he's a cop? This is a guy who broke into his ex-girlfriend's house in the middle of the night. Who knows what he was planning to do to her. And when he was arrested for that, he repeatedly lied to police officers and then explained that he felt he should be treated differently than us regular people, because he's a cop. I would think any DA worth her or his salt would have a field day with this guy. What lawyer wants to have his pants pulled down defending a guy like that?

This right here is enough ammo to make DAs smile:  http://portland.indymedia.org/en/2008/02/371852.shtml?discuss.