A Message From Bahl, His Daughter, and Man Who Swayed Jury

From Doug:
 
I was found NOT guilty of obstructing legal process with force. The jury didn’t find that I forcibly resisted arrest and it didn’t find that I bit or hit the officer.

Now I am convicted for my speech – - requesting to write instead of lipreading.

I requested that the officer communicate in writing because I do not read lips. I think this is the most troubling part of the decision.
 

From His Daughter:
 
I was able to talk to my father today. And my heart is very heavy. With
all of the interpreting issues and communication problems that happened in
the courtroom for my father’s three day trial, the most important evidence
was overlooked in the eyes of the jury.
After the trial was left up to the
jury to decide, the jury’s initial vote was 4 “not guilty” and 2 “guilty.”
The reason for one man’s verdict of guilty had to do with why my father
pulled his arm away from the police officer when the officer grabbed and
twisted his arm. He felt that this act alone showed that my father was
obstructing the legal process. What he failed to remember; however, was
that my father had a medical problem, his joints had been swollen and he had
been experiencing a lot of pain for several weeks
. The pain factor was not
what the juror remembered from the testimony, and for some reason he
never even thought about the pain being the reason why my father pulled
away
. And the juror, being the jury’s spokesperson, convinced the rest
of the jury in two and a half days of deliberation that my father had
resisted the police officer because of this one act alone.
 
After the verdict was given, and the sentence was made, the juror was
interviewed by my father’s civil lawyer. He stated that he knew there were
communication problems between the interpreters and my dad in the courtroom
for his testimony
, and that it did not affect the way the jury decided the
case. My dad had talked about his joint problems, but in Mr. juror’s
eyes, it wasn’t emphasized enough. He said that if he would’ve realized the
pain factor, he would’ve voted the other way and the case would have been
decided on the first day. He said that every jury member believed my
father’s story, and believed that my father is a good man and wouldn’t
intentionally commit a crime such as this
.
 
It’s not fair, though, that my father has to pay for a crime he didn’t
commit; a crime that the jury now realizes he didn’t commit. It’s not fair
that these police officers get away with lying on the stand, and my father
is punished for his honesty. It’s not fair that these police officers were
allowed to use deadly force on my dad by kicking him in the head
, and
because they won this case, nothing happens to them. They go about their
daily business of pulling people over, making arrests, spraying people in
the face with mace, kicking and abusing innocent people, and even when they
are caught in the act, they lie to cover up their wrongdoing and get away
with it scott free. Meanwhile, my father has had to pay for this crime
twice, first by getting a beat down from the officers, which was needless to
say unwarranted, and second by being convicted as the criminal in this
instance of police brutality.
 
My heart is very heavy, and the tears have yet to stop flowing down my
face. I feel bad that my father is now seen as a criminal in the eyes of
the law; however, the real criminals are those who are the ones who should
be enforcing the law and those who represent the law.
 
If my dad would’ve been a hearing man, pulled over for the same reason, and
the same thing happened to him….the focus of the case might’ve been on the
pain and not the fact that there were all these communication issues. It’s
hard not to wonder what would’ve happened. Would any of this even have
happened if he wasn’t deaf? I guess we will never know.
 
In the end, I am relieved to know that my dad does not have to serve jail
time. His punishment is: a misdemeanor for obstructing justice, one year
unsupervised probation, a fine of $778, and 60 days of stayed jail time with
no time served (which means he doesn’t have to go to jail unless he has
another issue with the police) with four days of custody credit (since he
had already served 4 days in jail).
 
I am still in shock, and I know that many members of the community are as
well. It seems that justice never prevails (for those who live in the
minority culture) and for some reason, I still have hope that in this
situation it will…someday.

Kari Bahl (CODA)

Reprinted with the permission of Bahl.

Commentary:  I boldened certain sentences.  I feel sick to my stomach. Bahl’s head repeatedly kicked?? He was already blinded by the mace and cannot hear nor see…. How can he respond to the officer’s commands?

All these because he removed the officer’s hand hurting his arm and so he can write as he cannot communicate orally?  This is an older man we are talking about, not a young man.  Why weren’t the cops disciplined for kicking an older man’s head repeatedly?   He didn’t have a weapon. Not only was he in pain, he couldn’t lipread.

To add salt on the wound, the interpreters didn’t do a good job, even though they were certified legal interpreters. 

I removed the identity of the juror for anonymity.

What is your opinion now that you have heard from both Bahls? Do you feel the cops’ actions were justified?

My opinion: Overkill on the cops’ part :(

 MZ

P.S. We are working on a petition to object to the treatment of a Deaf man by the police during the traffic stop.  

I apologize for the uneven appearance of the post. It was from the bolding and I couldn’t fix it. : / MZ

P.S.S  A brief article on Bahl’s verdict. The commenters were rough on him.

 http://www.twincities.com/localnews/ci_6922223?nclick_check=1 

Can you please educate the readers and show them that a serious  injustice was done to Bahl? The reporter also thought it was no big deal, even though Bahl’s head was repeatedly kicked.  He thinks the jail treatment was more newsworthy and more important. :X  MZ

35 Responses to “A Message From Bahl, His Daughter, and Man Who Swayed Jury”

  1. Dave Says:

    This is plainly a travesty. The detail that jumps out at me is the fact Bahl was repeatedly kicked in the head–which ought to be grounds for automatic suspension pending an investigation. No excuse for this, Bahl was unarmed and had already been sprayed.

    Doug Bahl–and the Deaf community–deserve better.

  2. Skeptic Says:

    The cops’ reactions appear excessive. Why was the cop holding Bahl’s arm in the first place? The cop felt threatened by his signing?

  3. smiles Says:

    wow– powerful letter by Kari… Thanks Kari! We, the community, will not give up on you. Hang in there Doug and family..

  4. water Says:

    OK! So I was wrong. The lawyer apparently did a good job. I did wonder [does that sound familair and feeble attempt in stating why it was not stated in an earlier post] if jury decision played a big part. Here we see it did, by one person. Then the quality of interpreter. I continue to be shocked with many certified interpreter’s skill, it varies. I do not trust interpreters [true, I have few favorite that i can trust and depend on], yet I rely on them alot via relay. Yes, there are time when I realize itnerpreter did not accurately interpret me, let alone understand what I was saying. Also times when the other party seem to be “off” with my questions. Then I realize, I am not being accurately interpreted.

    I am totally disgusted with the outcome of Doug’s trail.

    I realize there may be civil suit. That is alot of work. STOP being the jury and let the lawyer and Doug figure things out. Stand behind them. Why cant we be like JESSE JACKSON and AL SHARPTON. They do not bash their people accused of crime. They stand behind them and fight.

  5. deafk Says:

    Jaw dropping..wow… attempted to remove cop’s hand because of joint pain! It is so sickening! Please post your petition, I wanna sign it.

    Thanks, deafk

  6. Katherine Says:

    It is frightening to read what actually transpired. I have met some arrogant police officers and they can do whatever they want to do, knowing they’ll get away with it as they system is on them.

    Bahl could, like some other victims, have not lived to re-tell the experience and story about the police officers. I mean the kicking of his head can cause severe damage.

    MZ, I think we ought keep the petition broad, especially those who have had adverse direct experience with the police rather than just limit it to Bahl. We owe it largely to those who died in the hands of the police officers across the United States. Most of them deaf who died are African Americans.

  7. The One and Only Ridor Says:

    The online petition do not work.

    R-

  8. interpreters Says:

    it seems more attention needs to be made on the interpreters here. As it was clearly stated that there were interpreting issues, it should be investigated why with a deaf community as large as it is in that area, why were there interpreting issues? I can probably give you some answers here, but without having the full story here, I will not do so but recommend that this interpreter issue be investigated further because in my opinion its the interpreter issues and communications problems that ultimately led to a wrong decision being made here.

  9. Edward Nugent Says:

    Doug Bahl need to get on vlog and explaine to all deaf people clearly what really happened that night police officer pull him over.

  10. Deaf Pixie Says:

    I am read this article of about Doug Bahl’s mistreated and unfair by the cops knew how to play around with flattered on the jury.Two things that I am not very happy with the court system did not aware of A.D.A .. First place they refused to give him a TTY before went to cell. It is not make sense. His face is painful that I beleive the cops are sleazy!

    My questions The two of cop did fined and changed their mannerism. I don’t really understand the point. Judge failed to recongized of A.D.A. or Court system is loopholes.

    I am full of aches for Doug Bahl’s crime is not commit and alot of disappointed with what world think Deaf is dangerous. That’s Bull***t!

  11. A Deaf Pundit Says:

    Online petitions do work, if you use the right ones. :) Watch for it – it is coming soon within one day or so!

  12. Paul Kiel Says:

    Geez whiz! I did not know that town has more morons screwing the legal system. ADA is a BIG joke and the blue boys need their butts whipped!

    Bahl will get his day back soon!

    Shame on that town!

    I am glad I dont live there, but frankly it is happening everywhere!

    So be careful when you venture out there!

  13. deafk Says:

    Paul,

    do you realize that Minnelopis has a large population of deaf people? How strange! Better watch your back regardlessly!

    deafk

  14. Richard Roehm Says:

    I’m like Al Sharpton.

  15. C Says:

    It does not hurt to have your drivers lic ready. cops pull you over, point to your ear and shake your head and give them the drivers lic. Simple. Most cops do not do anything unless they feel they are threatened and how threatening is doing the above? We all really do not know the whole story about this case, so far as I’ve seen. Reading transcripts of trial would show why juror voted this way. Beatings, of course, are uncalled for regardless of any kind of situation.

  16. michele Says:

    Elizabeth,

    You may want to check in American Civil Liberties Union — their website is http://www.aclu.org – they seem sensitive to disability organizations. They fought a case for a deaf man in 2002 in West Virginia and won the case — here is the website http://www.aclu.org/disability/discrim/10635prs20020618.html. Maybe contact them and see what they have to say about this case.

  17. michele Says:

    Sorry this link didn’t work, type in deaf people and police bruality in search box when you go to http://www.aclu.org and you will see a case about deaf man in West Virginia on the top and click on it.

  18. Deaf Pixie Says:

    Michelle,

    Wow, I read about the West Virginia man who was wrongful in cell because the police refused to written a note and pen. The cop forced his one of son interpreter.
    Agree that I cannot trust Cops at all.

    Interesting about ALCU it did not say if the deaf man won the case?

    Margaret

  19. geez Says:

    C: I agree what you said. But, police could beat you up because of a barrier. Believe it or not.

  20. Ed Says:

    Roehm,

    “I’m like Al Sharpton”. Care to explain that statement? Coming from you, it’s probably mean and uncalled for.

    What happened really angers me. Bahl’s rights got trampled and those damn pigs got away with it.

    But you know what? I believe in Karma.

    Ed

  21. Deaf Socrate's Trail Says:

    I think police might overreacted him when he met first Deaf person for first time. Obviously that police dept might not have kind of training or education about how to cope or deal with Deaf in any kind of situation then Doug Bahl ought not to blame on police for being excessive force on him! His case is very minor but I do not understand why Doug Bahl created a big issue out of it and become too emotional for a little thing! I am not sure what kind of police training by whom or what do Deaf community in that town train them or how well they have good term with police generally or what? I have no idea what kind of Deaf community do in that town?

  22. DeafWoman Says:

    My gosh!! That’s sickening to hear this news and I want to sign petition, too! I can’t imagine being kicked in the head, not being able to hear what was being said, beside being sprayed with pepper spray, they went too far…he was blinded and couldn’t hear either, what a terror Doug must’ve felt throughout the few days he was held in jail! I agree with you MZ that this was OVERkill on the cops side and I can’t believe they got away with it! UnFUCKINGbelievable!!
    I support the Bahls, all the way!! I hope you’ll keep fighting! God be with you all!

  23. uh, oh Says:

    to Deaf Socrate’s Trail ~

    Well, did you see his face? Maced twice? kicked by feet?? I would make a BIG fuss out of it. You know our bodies are not designed to be beaten. Death can occur. Our bodies are what we have! Okay? I would make sure this will not happen again!!

  24. uh, oh Says:

    to Deaf Socrate’s Trail ~

    Also, no communication, no tty for four days! I would be out of my mind for not contacting anyone else if I were at jail!!

  25. uh, oh Says:

    can u imgaine being in jail, not know when you could call or go out?? Nothing! Not even a hint! It is not a minor case.

  26. kbjensen Says:

    This is so sick. I just am afraid for the future generation. What will the society see us bunch of pain in the ass community who whines for their needs? Come on, we are not in the dark age but now we are going back to that.

  27. read wcco artical Says:

    If you go to the wcco web site and read the story it says Bahl grabbed the jacket of the officer make the events happen. Bahl hit and bit the officer THEN he sprayed him.

    I also dug a little deeper and spoke to a friend of a friend who was at the court room. There were witnesses that watched and sided with the Police Officers. So you may thing Bahl is nice and not guilty but sounds to me like it points the other way.

    As fot no TTY sounds like something to complain about there, but in other stories from news sites it sounded like he was offered it and refused, maybe he did this for the $$$$$$$$, sounds fishy to me.

    Sounds like Bahl brought this on himself…….or maybe wanted to bring it on himself!

  28. read wcco artical Says:

    Because I’m sure the civil trial is going to be about changing procedures and not about $$$$$.

  29. uh, oh Says:

    to read wcco artical,

    well, again, those witnesses might be friends of police. be aware of a friend of a friend… you know whenever you whisper in the person’s ear, and person whisper to another person.. then that another person whisper to different person, then that different person come to you and whisper back, and the comment you whisper in came out entirely different! So, I do not buy your story.

    Again, the interpreters at court seems to be set up by the court, so that the court could get away from the serious legal issue. Not only Bahl, but his hearing daughter complained about the interpreters not clear in two ways. sounds fishy to me.

  30. Diane Says:

    Richard Roehm — Huh? explain this more please. I hope you are not hallucinating.

  31. Ken Rose Says:

    Is there a Doug Bahl DEFENSE FUND???

    I’d gladly contribute. I think $778 could be raised OVERNIGHT. If Bahl wants to launch a civil suit, it could be costly.

  32. Juror Says:

    Ms Bahl
    Let me first say that I completely understand your feelings on this entire matter. I cannot begin to fully understand what you and your family have been going through over the past year.

    That being said, I would like to address some of the comments you have made below.

    First, I would appreciate not being referred to as the “juror who swayed the juror”. Although my arguments certainly must have had some influence on the other jurors, there was another that had the same opinions as I from the get go. I volunteered to be the presiding juror because I felt I would do a good job of making sure that everyone had a say and that we focused on what we were asked to rule on, not so that I would have any extra power to influence the ruling.

    As far as “ignoring” or “not remembering” your father’s testimony about his pain, that is not true. His pain was discussed at length, and certainly considered as a reason why he pulled away from the officer’s restraint. However, the testimony that we recalled was that his response for pulling away was to write (thereby attempting to take control of the process). If your father would have responded that he pulled away as a reaction to the severe pain that would have been different. Perhaps that was solely the reason for his pulling away and it was lost in the translation, but I couldn’t in good faith use that possibility in the ruling.

    Although I did learn a lot about ASL from this trial, it was very new to me. It was pretty clear that there were complications in the translation. I discussed various aspects of this with your father’s civil attorney after the trial in order to help future trials involving deaf individuals. Hopefully our discussion will help. If there was some testimony that wasn’t translated accurately, then that is very unfortunate. However, that possibility could not be taken into consideration when ruling in my opinion. As a jury member, we cannot ask questions, request clarification, or suggest anything as far as the translation is concerned. If there was something lost in the translation I believe that would be the responsibility of his council to clear up during the trial.

    Again, I (and I think all of the jurors) sympathize with your father for going through what he went through. What happened outside that care was very unfortunate, but we were not tasked with judging those actions by the officers. What I have heard happened in the jail sounds horrible, but this was unknown to us at that time and I believe should be dealt with separately from your father’s obstruction of legal process charge. My comments on Mischa’s blog have been made because I understand that there are lot of people that care about your father and this situation, and I was hoping to lend insight as to why we ruled the way we did. I am still confident that given the testimony, and the law, that our verdict was correct.

  33. Stanelle Says:

    The cops kicked Mr. Bahl in the head. This whole story kicks me in the gut with shock!! Such injustice!

  34. I can hear….and I’m highly verbal… « Midlife And Treachery Says:

    [...] 22nd, 2007 at 8:42 am (Uncategorized) I have no idea what it’s like to be Deaf and incommunicado in jail for four days…but I know it would scare the **** out of [...]

  35. Shawn Maldon Says:

    Kari,

    Sorry buddy. I will see you soon. I just ran accross this and had to leave a note:

    I AM REMINDED WHY I WANT TO GO TO LAW SCHOOL!

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