Oct. 23--Veteran Chicago police Officer Aldo Brown, on trial on brutality charges, struggled Thursday to explain surveillance video that captured him punching and kicking a clerk in a South Side convenience store three years ago.
Under questioning by prosecutors on his second day on the witness stand, Brown testified he had spotted a handgun in Jecque Howard's pocket and feared for his life. But the videotape showed the brawny, 265-pound officer continuing to beat and kick the much smaller Howard for nearly a minute before he took control of the gun.
Federal prosecutors have alleged Brown had no idea at first that Howard had the gun and viciously attacked him without provocation. During the tense cross-examination, Assistant U.S. Attorney Jessica Romero tried repeatedly to pin down Brown on why he took the actions seen on the video -- broken down frame by frame by the prosecutor.
In one shot -- which Brown claimed was seconds after he saw the gun in Howard's back pocket -- Howard could be seen standing in front of Brown and lifting his shirt.
"You see a gun in Mr. Howard's pocket and then you tell him to lift his shirt?" Romero asked.
Brown replied he had to confirm it was a weapon.
"A lot of innocent people get shot and it turns out it's a cellphone or a lighter," Brown testified. "I wanted to be sure."
The officer's testimony came on the third day of his trial at the Dirksen U.S. Courthouse on charges he used excessive force and lied on police reports after he and his partner went to the store in the 7600 block of South Coles Avenue on a tip that drugs were being sold there.
After hearing closing arguments Thursday, the jury deliberated for about 45 minutes before breaking for the day. The panel is scheduled to resume discussions Friday morning.
The trial has centered on 13 minutes of surveillance video that depict the arrest from several angles. There is no audio with the footage, however, leaving the defense some wriggle room to explain why Brown used the force he did.
In his closing remarks, Brown's attorney, Daniel Herbert, urged jurors to look at the full picture of what went on in the store from the officer's perspective, not just what was on the video. He said Brown had every reason to be concerned for his safety, especially considering the store was in a violent neighborhood and known as a drug spot.
"How in the world do (prosecutors) know what Aldo Brown saw?" Herbert said.
Romero told the jury in her closing argument that Brown tried to be the judge and the jury and punish Howard "just because he is a police officer and he thinks he knows better."
"He punched first and asked questions later and that is not the job of the police," Romero said. "This is a situation where you got to see the truth in real time, and it was ugly."
On Wednesday, Brown described a tense situation in the tiny store, testifying he struck Howard only after he spotted the gun in his back pocket and his orders for him to put his hands up went ignored.
After he gave Howard the initial "stun to the face," the two grappled near a cooler door, where Howard started yelling for the others in the store to attack Brown, the officer testified. Howard reached into his pocket and pulled out some bags of marijuana but still claimed he didn't have a gun, Brown said. Then he suddenly stuck out his arm and brushed against Brown's holstered service weapon, Brown said.
"I had reason to believe he was going to try to grab my gun," Brown testified.
The surveillance footage captured Brown cocking his right fist and delivering a blow to Howard's ribs. Brown then dragged Howard toward the back of the aisle. As Howard lay on his back on the floor, Brown hit him a third time in the face with his fist. He then rolled Howard over and handcuffed him. After finding the gun in his back pocket, Brown kicked Howard in the side.
On cross-examination Thursday, prosecutors displayed still photos from the surveillance video that showed Brown never tried to get to the gun in Howard's pocket after he says he saw it. Nearly half a minute later, as he was backed up against the cooler, Howard could be seen reaching into his pocket and handing Brown the drugs.
"So 25 seconds after you hit him, after you had seen a gun, you let him reach into his pocket and hand you something?" Romero asked, prompting Brown to lean into the microphone and scoff.
"I didn't let him do anything," Brown said. "He did it of his own free will."
jmeisner@tribpub.com
