Christopher Magan, Pioneer Press, St. Paul, Minn. –
Prosecutors in the felony case against a Minneapolis police officer accused of assaulting a man in an Andover bar say they want the judge to issue a gag order for the benefit of the defendant.
“We want the defendant to have a fair trial based on the evidence heard in the courtroom,” Robert Goodell, assistant prosecutor for Anoka County, said after a brief hearing Thursday, July 19. The courtroom was packed with family, friends and other onlookers.
David Clifford, 47, a Minneapolis police sergeant and SWAT team leader, is charged with first- and third-degree assault. He allegedly punched Brian Vander Lee, 43, who was knocked backward and hit his head on a concrete patio at Tanner’s Station on June 16. The two men had just argued, according to police.
Vander Lee, of Ramsey, was hospitalized and has since undergone three brain surgeries to stop bleeding on the brain and an infection.
Goodell and fellow assistant prosecutor Blair Buccicone requested that Judge Lawrence Johnson grant them access to Clifford’s personnel records from the Minneapolis police where he has worked for nearly 20 years.
Goodell said it was too early to speculate whether prosecutors will try to use surveillance video as evidence in the trial.
Supporters of Clifford and others interested in the case packed the small Anoka County courtroom on the third floor of the courthouse. At one point, bailiffs had to clear the room so other defendants awaiting hearings had a place to sit.
Judge
Johnson decided to hear the case first so spectators could witness the proceedings, but the courtroom had space for only about 50 people. Another 25 had to wait in the hall.
Despite the large number of spectators, no one was willing to comment beyond saying they were there to show support for Clifford, who they believe is innocent.
Vander Lee, a father of four, is no longer hospitalized, but his brother Mike said Tuesday that he faces a long road to recovery.
Clifford’s attorney, Frederick Bruno, has requested that the judge give him access to medical records detailing the treatment of Vander Lee’s injuries, which were so severe that prosecutors Tuesday upgraded the charges against Clifford from third-degree to first-degree assault.
The new charge carries a maximum penalty of 20 years in prison.
Attorneys met in the judge’s chambers before the court hearing to discuss their motions. Dressed in a dark suit, a blue shirt and tie, Clifford was silent during the 15-minute court appearance.
He is due back in court Aug. 23, when the judge is expected to decide the motions for a gag order, personnel files and medical records. Clifford is on paid leave from the Minneapolis Police Department.
The sheriff’s department who preferred assault charges against SGT.Clifford should be commended for doing the right thing, and in a very timely manner.
I come from a family of cops, and can tell you that most cops are good, hardworking honest people, while Some cops are power hungry sickos. No matter what the courts finally decide in this case of an unwarranted brutal attack against an innocent man, the message is clear… this man must MUST be removed from the police department as his sanity is highly suspect at this point.