Assault trial for deputy starts Monday

A King County sheriff's deputy accused of slugging a handcuffed suspect is set for trial Monday, less than two weeks after another deputy was shown beating a 15-year-old girl in a video from a holding cell camera.

Deputy Don Griffee, 61, is charged with misdemeanor assault. He works in the same precinct as Deputy Paul Schene, who also has been charged with assault and is under investigation by the U.S. Justice Department.

Malika Calhoun, the girl in the video, was arrested Nov. 29 after she and another girl were caught in her friend's parents' car, which had been reported stolen. Now 16, she was slated to appear Wednesday in Juvenile Court on the auto-theft charge, but the hearing was postponed until March 23.

Both Schene and Griffee are on paid administrative leave while charges are pending in their separate cases. They are among three officers from the Burien precinct who have been charged with excessive force since 2006.

In Griffee's case, police were called Aug. 3 by a woman who said Johnny Bradford, 21, threatened her with a gun and tried to break into her Burien apartment. Officers later discovered that the woman falsely accused Bradford because he had spurned her advances, said Assistant Attorney General Justin Ericksen, who is prosecuting the case. She later was arrested for false reporting.

But police first arrested Bradford, taking him to the ground and handcuffing him. While other officers worked to get the full story from witnesses, Griffee placed Bradford, still restrained, into his patrol car for questioning.

"He was just sitting in the back of the car saying, 'I never had a gun, and I don't know what you're talking about,' and he gets popped in the mouth," Ericksen said.

There was no video in Griffee's case, but other officers observed that Bradford was spitting blood and had a serious cut on his lip when he came out of the patrol car. He was treated at Harborview Medical Center for bruises, swelling and a bad cut.

Lawyers are concerned that publicity over the video in Schene's case could taint potential jurors in Griffee's three- to- four-day trial. The video, disclosed to the media last week, shows Schene, 31, as he kicks, shoves and slams Calhoun to the floor after she kicked her shoe at him.

The video circulated national news shows and Web sites around the world, provoking public outrage and hundreds of e-mails to the Sheriff's Office. It was released over the objections of Schene's attorney, who said it would inflame public opinion and affect the officer's right to a fair trial.

Selection is set to begin Monday for the six-member jury in King County District Court. Lawyers expect to ask jurors whether they saw the video and how that might affect their ability to impartially hear the evidence in Griffee's case.

"It is interesting timing, I'll grant you that. I'm sure it's something that will come up during jury selection," Ericksen said.

Griffee's attorney, David Allen, declined to comment on how the video could affect his case. He noted the difference in facts between the two cases.

"Everything indicated that this was the real thing, that this was a (domestic violence) case with a gun and the woman was hysterical on the phone, and they had to take this guy as a suspect," Allen said.

He said he will present evidence that Bradford's injury may have resulted when police lawfully took Bradford to the ground as a suspect. "We have some other theories as to what the punch could have been or what the injury could come from," Allen said.

Witnesses saw Griffee forcefully put his foot on Bradford's neck when he was arrested, Ericksen said.

Griffee faces up to a year in jail if convicted.

Bradford has filed a civil claim against the county, which is why King County prosecutors handed the case to the Attorney General's Office. The Prosecutor's Office represents the county in legal disputes, presenting a conflict of interest.

Griffee and Schene work in Precinct 4, which covers Burien, SeaTac and high-crime areas in White Center and Skyway.

Griffee began working as a deputy 15 years ago after his first career as an engineer.

"It's a job he always wanted to do, and it gave him a chance to serve his community," Allen said.