Counterpoint on the Nevers and Budzyn Case
There is substantial disagreement as to the fairness and objectivity of the CourtTV.com account of this incident that I summarized. Please read the following e-mail exchange between myself and Mrs. Lynne Krueger who seems to be very knowledgeable about this case, and make up your own mind. My comments are in Red
Date: Wed, 03 Jan 2001
From: Lynne Krueger (Justice@Cops.com)
Subject: Re: Misinformation: Gov murders innocent
To: Ron@KeepAndBearArms.com
January 3, 2001
Dear Mr. Dotson,
I can not tell you how my stomach turned when I read your account of the Nevers and Budzyn fiasco on the "keep and bear arms" website. Someone emailed it to me suggesting I contact you and correct the story. Larry Nevers is a man you should be supporting not bashing. He would have supported you.
I am a conservative who believes in the right to keep and bear arms. I am also a Detroiter who has continued to witness the political lynching of Larry Nevers and Walter Budzyn for the last 8 years. I made it my business to get involved and in the years this mess has dragged on I have become more knowledgable about the case than propably anyone other than the officers themselves. I personally attended both recent retrials and watched the first trial on video tape. I have read and reread every transcript and every other piece of paper related to the case many times. At Larry Nevers' recent retrial, because of my knowledge of the case, I was asked by Mr. Nevers' attorney Neil Fink to assist him during the trial, which I did. I offer this information to let you know that I do know the truth about this case. I would ask that you take the time to read your account with my corrections added. There is far more to the tell than this, but it is a start.
‘‘Government Murders Innocent Men, Women and Children*’’
‘‘Detroit, Michigan: On November 5, 1992, Police officers Larry Nevers and Walter Budzyn approached a parked car and asked the occupant, Malice Green, for his drivers license and registration.’’
(The officers had witnessed the car, one matching the description of a car stolen the night before in the same area, with bullet holes in the front side, pull up and park in front of a known crack house. They had watched as a known drug dealer exited the car, turned and looked at them, then fled toward the crack house.)
‘‘As Green reached into the car's glove compartment, he held an object clenched in his hand that Budzyn suspected was crack cocaine. Even though Budzyn did not have a search warrant he asked Green to open his hand.’’
(As Green reached for the glove box a rock of crack cocaine fell from his hand. At that point it became a cocaine arrest and Budzyn grabbed grabbed Green's wrist to prevent him from tossing the rest of the cocaine and ordered him to open his hand.)
‘‘When Green refused, officer Budzyn tried to force Green to open his hand by hitting it with a flashlight, and then began to straddle Green.’’
(The testimony of the street witness varied widely. Budzyn never hit Green. Green began resisting. He kicked Budzyn pulling him in to the car. At that point the several drug addicts/convicted felons on the street alerted Officer Nevers, who was still by his car, and told him to go get his partner.)
‘‘Officer Nevers went to help his partner and began to strike Green on the head with his flashlight. Nevers claimed that he struck Green because he was grabbing for his gun.’’
(Nevers tried to help Budzyn as he struggled with Green, but could not do much from the passenger side of the car. He struck Green's hand only, at that point, and was also able to pry open one finger and retrieve another rock of cocaine. Then, for his own safety, he ordered the addicts to leave, and they did - he knew all these people and had arrested them previously. Nevers then ran around to the other side of the car as Budzyn yelled that Green was "trying to get out the other side". As Nevers reached the driver's door, it came open and Green tumbled mostly out of the car with his head down by the ground. Nevers dropped to his knees and Green grabbed his gun. Nevers ordered Green to let go, then struck Green several times on the head until he released the weapon. At this point Nevers flagged down a passing EMS for help while Budzyn, who was still inside the car, trying to hold Green's legs, radioed for back up. EMS arrived and Nevers struck Green several more times as Green began swinging a shiney metallic object at Nevers' head. After that Nevers' simply tried to hold onto the still resisting Green.)
‘‘Robert Lessnau, a third officer who arrived at the scene, pulled Green out of the car.’’
(Correct. Some 6 other officers arrived and Lessnau immediately saw that Nevers was exhausted and he grabbed Green and pulled him from the car. Other officers cuffed him as he continued to resist.)
‘‘Budzyn and Nevers later testified that they had kicked and punched the 150 pound Green while he was being handcuffed and laid face down in the street before paramedics arrived.’’
(False, Green continued to resist but NO ONE kicked or punched him after he was pulled from the car and he had no injuries that would support that claim. Neither Nevers nor Budzyn touched Green after he was pulled from the car. Budzyn was retrieving the flashlight, etc. he had dropped, and Nevers was leaning against the car trying to catch his breath - Nevers suffers from emphysema, although he did not know it at the time)
‘‘Green did open his hands while he was being arrested S and he didn't have crack. He was holding his car keys and a piece of paper.’’
(Green only opened his hand after he was pulled from the car. The shiney metallic object turned out to be keys. The alleged paper was never retrieved. Green also had a large illegal folding street knife in his pocket. He had repeatedly tried to get at this knife while being handcuffed.)
‘‘A state medical expert testified that Green died because of blunt trauma to the head,’’
(Yes and no, the lowest ranking guy at the Wayne County Morgue (not the state) did this. He had been told it was "white on black police brutality" BEFORE he did the autopsy. He did not wait for toxicology results which later showed both cocaine an alcohol in Green's system. His own boss disagree with him saying, AFTER the trial, that he would not have died but for the cocaine. Three other experts, all far more highly qualified that the coroner, testified that Green died of a cocaine and alcohol induced heart attack, NOT the scalp cuts from Nevers' flashlight. They testified that Green's injury were "superficial and could not have caused his death." There were NO fractures anywhere and NO bleeding in the brain, and NO swelling of the brain. Several other highly qualified medical experts have since examined the autopsy and concluded the same. Green had an enlarged heart from long term cocaine abuse, and his struggle with police combined with the adreneline rush from the cocaine and alcohol he was on, caused a heart attack. Period.)
‘‘and four EMS technicians at the scene saw Nevers strike Green with a flashlight even though the victim did not appear to resist.’’
(EMS testified that Green was passive and not resisting, BUT, on cross examination they ALL admitted that in their first written reports to police right after the incident, they had stated that Green was RESISTING, KICKING, STRUGGLING, etc. They admitted that they were being truthful when they wrote those reports. At Larry Nevers' recent retrial, Judge U. Boykin refused to allow these reports to be admitted into evidence.)
‘‘Prosecutors believe Green was beaten to death by the officers.’’
(Well, I, for one, don't believe that they "believe" that. They know the truth as well as I do, but their goal is to win, and keep Nevers and Budzyn from sueing the city for everything they deserve. They can also score big points with the majority black residents of Detroit in doing so. One prosecutor has already been voted in as judge due to her publicity in this case.)
‘‘When EMS officials tended to Green, his head was covered in blood S his scalp had almost been ripped apart by repeated blows.’’
(Oh please. Of course there was a lot of blood, all the doctors testified that the scalp bleeds more than any other part of the body. You can see a photo of Green's injuries at www.celebritymorgue.com . He had only 6 scalp cuts/bruises caused by a straight cylindrical object consistent with a flashlight. He had several very small cuts, scraps and bruises which could have resulted from his struggling on the pavement while being handcuffed. He had one larger starlike injury (3 ") on his forehead which the coroner testified was NOT caused by a flashlight. I'd assume he hit his forehead when he tumbled out of the car. All the EMS testified that his head was down by the ground and his legs were still in the car.)
‘‘Despite efforts to save him, Green suffered a seizure and died on his way to the hospital.’’
(What efforts? 2 EMS crews stopped. The least qualified crew took Green to the hospital. They did nothing except put a bandage on his forehead until he had a heart attack less than 2 minutes from the hospital at which point they broke EMS rules and pulled over and tried CPR. Whether or not he had a seizure is questionable and insignificant . None of the officers saw this and the EMS techs testimonies conflicted. Seizures can be caused by cocaine so it really doesn't matter.)
‘‘Nevers and Budzyn were both convicted of second degree murder in August 1993. Lessnau, however, was acquitted of assault.’’
(N & B were convicted by virtually all black juries who were shown the film Malcolm X which contains 7 replays of the Rodney King beating, during deliberations.)
‘‘Budzyn was sentenced to 8 to 18 years in prison while Nevers received a 12 to 25-year sentence.’’
(Nevers was given a harsher sentence after the NAACP complained that he had spoken out publically about his railroading by the city of Detroit)
‘‘Both have since been granted new trials, at which Budzyn was convicted of the lesser charge of involuntary manslaughter and sentenced to time served in prison.’’
(Budzyn is appealing.)
‘‘Nevers trial was still pending the last I heard.’’
(Larry Nevers was retried last year infront of another openly biased Judge. He was again charged with 2nd degree murder and that's the charge he attorney defended against. At the last minute, just before deliberations, the judge, at the request of the prosecutor, offered the jury the option of manslaughter and that's what they chose after only 5 hours of deliberations. We were never given the opportunity to defend against that charge. The judge again treated Larry Nevers more harshly than Walter Budzyn by sentencing him to 7-15 years in prison. Larry in now in prison and is appealling his conviction.)
Dear Mr. Dotson, I urge you to look into the details of this case. They are extensive and all point to anti-white racism and a government (mayor, chief of police, judges, etc) railroading of 2 innocent men. Both officers were veterans with NO history of brutality as the papers claim. Larry Nevers had not one single substanciated compliant against him in 24 years of service to the very people who did this to him. I know Larry very well and he is an upstanding, conservative God-fearing man. He hits Malice Green only in self defense and only as hard as he had to to control him. Remember there was no fracture. He was railroaded for polictial purposes by the racist leaders of a racist city.
Here are a few facts:
The (black) Mayor called the officers "murderers" on National TV within hours of the incident before any investigation. The (black) Chief of Police, within hours of the incident, also backed the mayor and related the case to the Rodney King beating at a TV press conference. This same (black) Chief of Police denied N & B a Board of Review and fired them before charges were even brought. He also remove all white officers from the case. The (majority black all liberal) Detroit City Council awarded the family of Malice Green 5.2 million dollars before the trial even began. The (black) asst. prosecutor (Sharon McPhail) who filed charges against N & B, just happened to be running for the office of Mayor. She was a board member of the NAACP in Detroit which led marches against the officers and paid for Green's funeral. A (black) juror who lied her way onto the jury, turned out to be another board member of the Detroit NAACP. She became head juror and passed out McPhail for Mayor literature to other jurors and recruited several new member for the NAACP from the jury. The (black) judge sentenced Larry Nevers to 4 more years than Walter Budzyn after referencing a letter written by the NAACP complaining about Larry speaking in public after his conviction, about the handling of his case. The only white juror on the Budzyn jury went on the radio the day after the convictions saying he had been coerced into changing his not-guilty vote by the other racially motivated jurors. The prosecutor of both neighboring counties have written letters to Governor John Engler stating that they do not believe, based on the evidence, that Nevers and Budzyn should ever have been charged.
I could go on endlessly, but I'll stop here lest I bore you. If you want to know anything else about this case, please contact me. My email is Justice@Cops.com. You may also find a wealth of accurate information about the case at www.larrynevers.com .
Please contact me if you have any questions. I will be happy to provide you with transcript quotes and copies of anything you might want.
Sincerely, Lynne Krueger
Justice@Cops.com
www.larrynevers.com
Date: Wed, 03 Jan 2001
From: Ron@KeepAndBearArms.com
Subject: Re: Misinformation: Gov murders innocent
To: Lynne Krueger (Justice@Cops.com)
Dear Mr. Krueger,
What you were reading wasn't actually "my" account, it was my summary of an account at:
http://www.courttv.com/trials/nevers/032300_ctv.html
I have no way of knowing how accurate that account is, but in the interests of fairness will be happy to include the link you provided (www.larrynevers.com) and your email account of the incident on my webpage if I may have your permission to do so, and will encourage Angel Shamaya, whose site has MUCH wider readership than my own, to do likewise.
I'm not sure what your interest is in this case, other than perhaps seeing justice done in general, but just based on appearances your account doesn't itself seem to be completely without bias to me. For example:
1. "...a known drug dealer exited the car..." How can there be such a thing as a "known" drug dealer? If he is "known" to be a drug dealer, why isn't he in jail?
2. "Green also had a large illegal folding street knife in his pocket" Are you telling me that people aren't even allowed to carry pocket knives anymore??? I've always carried one since I was a child.
3. "Whether or not he had a seizure is questionable and insignificant... Seizures can be caused by cocaine so it really doesn't matter" If you could ask Mr. Green whether it matters, or is insignificant, he might have a different opinion. Are you implying that Mr. Green just "happened" by some great coincidence to have died from a drug overdose, and that the beating he took was irrelevant?
4. Despite your protestations about the qualifications of the coroner, the page you cite below (www.celebritymorgue.com/malice-green/) that contains photos of Mr. Green's injuries (which by the way, look like they penetrate all the way to the skull), says that:
"The city of Detroit tried to get the coroner, Kalil Jiraki, to testify that cocaine was involved in the incident. Jiraki refused, but not without consequences to his job. But he was subsequently awarded $2.5 million in a harrassment, defamation, and wrongful termination suit."
Is that true? If so, doesn't it clearly imply that the District Attorney and other city officials definitely tried to illegally influence the outcome of the trial?
Also, I am not impressed by arguments about crack or other drug use. I believe everyone has the right to put anything they want into their bodies, so long as they don't harm anyone else and that "victimless crimes" are as unconstitutional as are anti-gun laws. The whole incident appears to have been precipitated by the officers intrusion into Mr. Green's personal life. People should have the right to be left alone, unless they are harming others. If indeed the police had reason to believe Mr. Green's car might have been used in the commission of a crime, then they probably had a legal right to investigate him but all too often things like that are simply excuses for harassing people. I once had a friend who told me a story about his being forcibly detained and searched with loaded guns pointed at his head, because his car resembled one used in nearby robbery. Overzealousness in the apprehension of criminals should not be worse than the crimes themselves.
Thank you for your detailed version of the story. I only wish I had a crystal ball with which to discern the truth.
Sincerely,
Ron Dotson
Date: Thu, 04 Jan 2001
From: Lynne Krueger (Justice@Cops.com)
Subject: Nevers and Budzyn
To: Ron@KeepAndBearArms.com
>Dear Mr. Krueger,
(It's Mrs. Krueger, btw :-) )
>What you were reading wasn't actually "my" account, it was my summary of an account at: http://www.courttv.com/trials/nevers/032300_ctv.html I have no way of knowing how accurate that account is, but in the interests of fairness will be happy to include the link you provided (www.larrynevers.com) and your email account of the incident on my webpage if I may have your permission to do so, and will encourage Angel Shamaya, whose site has MUCH wider readership than my own, to do likewise.
Thankyou, you have my permission of course. I welcome any account that is accurate and anyone's scrutiny of my account.
>I'm not sure what your interest is in this case, other than perhaps seeing justice done in general, but just based on appearances your account doesn't itself seem to be completely without bias to me. For example:
>1. "...a known drug dealer exited the car..." How can there be such a thing as a "known" drug dealer? If he is "known" to be a drug dealer, why isn't he in jail?
Larry Nevers worked the night shift on the same streets of that same neighborhood for years. He knew Robert Knox very well and had arrested him repeatedly. Knox was a convicted felon on drug charges and other things (see http://www.larrynevers.com/profiles.htm for a partial list). Knox's friends also testified during the trial that they got their drugs from Knox. Knox was killed in a drug related shooting before the first trial. (Not to mention the fact that I've driven by the "crack house" and it is most obviously a "crack house". If you don't know what a crack house looks like I can go into detail. I suppose I can even supply you with photos, not to mention that I have the police reports of two drug raids on the house. This was not a house you could live in, it was an abandoned building used solely for prostituton and dope dealing. )
>2. "Green also had a large illegal folding street knife in his pocket" Are you telling me that people aren't even allowed to carry pocket knives anymore??? I've always carried one since I was a child.
When I watched the tape of the first trial, the knife was described as a "pocket knife", a "folding knife", and a "swiss army knife" by the prosecutor. When I was studying for the Nevers' retrial, I was surprised to find the knife listed on the records as a "black folding knife with a 4" blade", making the knife over 8" in length once opened. (Anything above a 3" blade in Michigan is illegal, I believe.) When I saw the knife in the courtroom it was anything but a "swiss army knife". It was a large hunting knife type of thing (I'm not a knife expert). It was a knife only, not a screw driver, can opener, etc, etc, combination thing. The next day the newspapers called it a "pen knife"! No, there's nothing wrong with carrying a pocket knife, my sons carry pocket knives. There is something wrong when the prosecutor and the media distort the facts and downplay the purpose of that type of knife and the fact that Green repeatedly tried to get this knife out of his pocket while struggling with the officers during the handcuffing process. What was he trying to do? Peel an apple? EMS as well as police witnesses testified that Green kept trying to get his hands into the pocket with the knife even after he was handcuffed.
>3. "Whether or not he had a seizure is questionable and insignificant... Seizures can be caused by cocaine so it really doesn't matter" If you could ask Mr. Green whether it matters, or is insignificant, he might have a different opinion. Are you implying that Mr. Green just "happened" by some great coincidence to have died from a drug overdose, and that the beating he took was irrelevant?
Yes and no. The injuries Green received from this "beating" (and the struggle) consisted of SCALP CUTS and a few scrapes and bruises. People don't die of scalp cuts. Green did not bleed to death. Dr. Lucy Rorke (Phil. Neoropathologist), Dr. Michandoni (Forensic Pathologist), Dr. Dragovic (Forensic Pathologist), Dr. DiMio (Mayo Clinic Pathologist on 60 Minutes), and Dr. Wetli (Cocaine expert), have all studied the autopsy and preserved tissue, and said that cocaine killed Green, not the head injuries. I can provide you with details on exactly how cocaine kills in a case like this if you'd like. (also see http://www.larrynevers.com/cause.htm ) Briefly, cocaine (in any amount) causes an adrenaline rush. When cocaine is combined with alcohol (as it was in Green's case), this multiplies the effects of the cocaine greatly (up to 24 times), adding more adrenaline to the system. A struggle (Green's kicking and fighting with police) adds more adrenaline. This massive dose of adrenaline, on Green's already enlarged heart with hardened arteries, caused a heart attack. I have tons of info on this including a recent study showing that a person is 24 times more likely to suffer a heart attack within 1 hour of using cocaine. When I said the seizure was irrelevant I simply meant that a seizure would not be proof that Green died from a beating. Seizures can be caused by cocaine and the man was on cocaine.
>4. Despite your protestations about the qualifications of the coroner, the page you cite below (www.celebritymorgue.com/malice-green/) that contains photos of Mr. Green's injuries (which by the way, look like they penetrate all the way to the skull), says that: "The city of Detroit tried to get the coroner, Kalil Jiraki, to testify that cocaine was involved in the incident. Jiraki refused, but not without consequences to his job. But he was subsequently awarded $2.5 million in a harrassment, defamation, and wrongful termination suit." Is that true? If so, doesn't it clearly imply that the District Attorney and other city officials definitely tried to illegally influence the outcome of the trial?
Jiraki's boss Dr. B. Cassin, reexamined the body the day after Jiraki did. He disagree with Jiraki's determination and told him so. When toxicology tests showed cocaine, Cassin tried repeatedly to get Jiraki to change his opinion and at least mention the cocaine. Cassin also mentioned his concerns to the prosecutor. The prosecutor concealed this second autopsy from the defense. It only came to light AFTER the first trial when Dr. Cassin signed an affidavit (I have a copy if you'd like to see it) stating that he could not say for sure that Green would have died had it not been for the cocaine. During the trial Jiraki's testimony went something like this, "Green died from swelling of the brain, but his brain wasn't swollen, but it would have been if he'd have lived longer". Huh? Anyway, Jiraki was fired from his job at the morgue a year or so later for failing to show up for work. He later sued, claiming he was fired because of the Green case. He won. What would you expect from an all Detroit jury? Malice Green is their hero. He's got his own shrine. They've even given him a spot in their own African American Museum. (And before you label me a racist, I dated a man of color for several years, and I can also point you to several REAL black heros involved in the Green case who supported Larry Nevers and have suffered harrassment and loss of their jobs, etc, because of it, including a top homocide officer who also sued the city and won, and the black police union president who lost his job after supporting N & B on 60 minutes, etc.) As far as this lawsuit implying that the District Attorney and other city officials tried to illegally influence the outcome of the trial, I'm sure they did, but the outcome they wanted was a CONVICTION. That's why they concealed Cassin's autopsy and never called him to testify. They also concealed blood spatter evidence of a state expert (Lynn Helton, Mich. State Police) and yet another opinion on the autopsy (by Dr. L. Dragovic) and more. As far as them being involved in Jiraki's firing, only Cassin did that. The "City of Detroit" was named in the lawsuit only because they run the Wayne County Morgue that employs both Cassin and Jiraki. Jiraki is a nut case and his own conflicting and wild stories supports that. (Like the one where he says N & B killed Green to get his girlfriend! ) It is court record that Jiraki was unable to testify at the Budzyn retrial due to "mental illness". (BTW, five other officers involved in the Green case, who were fired like N & B, sued the city also and each won about 1 million dollars apiece.)
>Also, I am not impressed by arguments about crack or other drug use. I believe everyone has the right to put anything they want into their bodies, so long as they don't harm anyone else and that "victimless crimes" are as unconstitutional as are anti-gun laws. The whole incident appears to have been precipitated by the officers intrusion into Mr. Green's personal life. People should have the right to be left alone, unless they are harming others. If indeed the police had reason to believe Mr. Green's car might have been used in the commission of a crime, then they probably had a legal right to investigate him but all too often things like that are simply excuses for harassing people. I once had a friend who told me a story about his being forcibly detained and searched with loaded guns pointed at his head, because his car resembled one used in nearby robbery. Overzealousness in the apprehension of criminals should not be worse than the crimes themselves.
It might surprise you to know that Mr. Nevers himself has long believed that perhaps drugs should be legalized. Nevertheless his job, every day for 24 years, was to risk his life (and I can give you examples of several instances where he was nearly killed while "serving and protecting"), enforceing the laws AS THEY EXIST. Disagreement with the law did not give him the option of ignoring it. Are you telling me that Larry Nevers was justifiably imprisoned because you don't agree with the law he was duty bound to try to enforce? Larry's job was to arrest drug dealers and those in possession of cocaine. That's what he was doing. When Green grabbed his gun it became self defense. The truth is that if Larry had pulled out his gun and shot Green he would not be in prison today, but because he dared strike a black man on the head, he was branded a racist murderer. Was Larry Nevers just an abusive racist cop who got what he deserved? I don't think so. If so, how could he work in that same all black neighborhood for 17 years with only a few minor complaints against him and NONE substanciated? If he were such an abusive racist how could he work for a black police department with a black chief of police under a black mayor of a black city with no problems for 24 years? Even Larry's regular partner was black. In court I watched as black officer after black officer give him their support. I watched a street prostitute tell Larry's attorney she was eager to testify on his behalf. I watched a black court employee hug him and tell him she believed in him. No, the truth is that Larry was well liked by the lawabiding people of the neighborhood. He was even liked by the prostitutes and other petty criminals because they trusted him and knew he would not harrass them or arrest them for minor things. However, a man kicking and fighting his partner, was NOT a minor thing. Had Green cooperated with the officers he would not have been arrested.
>Thank you for your detailed version of the story. I only wish I had a crystal ball with which to discern the truth.
You don't need a crystal ball. All you need to do is look at the facts like I did, not the media version. I did not know Larry Nevers or Walter Budzyn before this incident. I didn't know any police officers and had no special interest in anything related. I investigated the case on my own because it just did not sit right with me. It somehow violated my sense of justice. I obtained the autopsy and several summaries and read every one of the hundreds of newspaper articles on the case. I obtained the letters of support from neighboring county prosecutors Carl Marlinga and Richard Thompson. I eventually got the tapes of the 53 day trial and later the trial transcripts and eventually every piece of paper related to the case, including all the police reports and the officers records, the criminal records of the witnesses, etc, etc. At some point I contacted the Nevers family and offered my help and support. Yes, I suppose I am a bit biased now that I've come to know Larry Nevers and found him to he a good and decent man who has been severely wronged, but I am biased only after forming an independent opinion based on the facts.
BTW, since you are using the Court TV report, you might want to try contacting Beth Karas from Court TV and getting her opinion. She sat through the Budzyn retrial and knows the truth and supported us at the time (although she did not have control over what was printed on their website). You also might want to contact American Renissance magazine which recently did a lengthy article on the case giving us their support. 60 Minutes also did a segment supporting us. Someday I'll have to put together a list of the many others who support us as well. Meanwhile, I welcome any and all questions and will be happy to provide any backup material.
Sincerely and in the interest of justice, Lynne Krueger
