Use of Force Unjustified, Expert Says

A use-of-force expert called by prosecutors testified Monday that former Inglewood Officer Jeremy Morse used unreasonable force when throwing a teenager atop a police car but that his actions didn’t amount to a crime.

Los Angeles Sheriff’s Department Cmdr. Charles Heal was considered a key witness for the district attorney’s office, which is trying to prove that Morse used excessive force to subdue then-16-year-old Donovan Jackson during the videotaped incident last summer. But his testimony proved to be a mixed bag at best.

Prosecutors elicited from Heal some testimony considered essential in finding Morse guilty of assault, including his opinion that slamming Jackson atop the car was unnecessary.

But under cross-examination, Heal conceded that he had based his opinion solely on what he saw on the videotape. Heal said he normally interviews witnesses and reviews reports before coming to conclusions on such cases. In the end, he testified, he would not have pursued criminal charges against Morse.

“If that ... would have been my deputy, he would have got his chain rattled in my office,” Heal said. “Would I have filed [criminal charges] on him? No.”

Outside the courtroom, Heal said prosecutors have gone too far in seeking a felony charge. He said that Morse acted improperly, but that Jackson was not seriously injured and that Morse lost his temper during a confrontation. Morse should have faced discipline, not criminal charges, said Heal.

“I fail to see the elements of the crime,” he said, adding that he empathized with Morse. “I’ve done worse stuff than that.”

Defense attorneys immediately cast Heal’s testimony as a devastating blow to the prosecution’s case. “It’s a head shot delivered by their best witness,” said John Barnett, Morse’s attorney.

But the district attorney’s office downplayed Heal’s opinion on whether Morse’s actions were criminal.

“He still testified that the force was unreasonable and unnecessary, and that’s the bottom line,” said Sandi Gibbons, an agency spokeswoman.

Heal’s comments came on the second day of testimony in the closely watched trial, in which Morse is charged with assault under color of authority, a felony. His former partner, Bijan Darvish, is charged with filing a false police report. Both face potential three-year prison terms.

Heal was called by prosecutors to comment on the widely seen videotape showing Morse hoisting the handcuffed Jackson, throwing him on the trunk of a police car, and then punching him on the side of the face. Prosecutors contend that Jackson was not resisting, and that the blows were therefore unjustified.

Heal, a 28-year veteran who runs the sheriff’s special enforcement bureau, said Morse didn’t have to treat Jackson so roughly, even though handcuffed suspects can pose a danger to police officers.

“We wouldn’t consider that reasonable,” said Heal, after watching the videotape. “No way would we put up with that.”

Heal, who reviews abuse allegations at the Sheriff’s Department, said he typically does his own inquiries before reaching conclusions. In this case, he said, he didn’t have time because he had recently returned from active duty in Iraq. Heal is a Marine.

Heal said his own probe probably would not have changed his opinion, but Barnett got him to concede that reviewing a videotape is not the best way to arrive at a conclusion. Later, in response to Barnett’s query about whether he thought the action was reasonable, Heal said he would not have recommended filing charges in the case. Barnett immediately ended his cross-examination.

Prosecutors did not ask for Heal’s opinion about whether Morse was justified in punching Jackson. Heal said outside court that evidence exists that Jackson grabbed Morse’s groin, which would justify Morse’s response.

Outside the courtroom, Heal said he testified reluctantly, and only after being subpoenaed. Morse’s behavior, he said, was a “training issue” that should have been handled by the Inglewood Police Department.

Looking back on his long career, Heal said he has observed similar incidents and that most never result in felony charges. Heal said in the interview that he once knocked out a handcuffed suspect after he resisted arrest and spit in Heal’s face, a response he later regretted.

Police abuse cases, he said, are rarely clear-cut. Morse, he believes, should not be imprisoned for losing his temper in a highly charged situation, especially because Jackson was not seriously hurt.

“I tell you right now, I am not without sin ....I feel for him. I’ve been there,” said Heal.