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Foreperson asks for juror to be dismissed in deputy assault trial

by KYLE MOORE / KING 5 News

KING5.com

Posted on January 21, 2010 at 11:22 AM

Updated Thursday, Jan 21 at 5:14 PM

SEATTLE-  The jury foreperson in the assault trial of former King County Deputy Paul Schene asked a judge to remove a juror. Schene is on trial for the Nov. 29, 2008 videotaped beating of 15-year-old Malika Calhoun inside a Sea-Tac jail holding cell.

Just a few short hours after deliberations began, the presiding juror sent a letter to Judge Michael Fox asking that one juror be dismissed because the foreperson felt the juror could not be impartial.

A portion of the letter was read in open court just one day after deliberations began in the 4th degree assault case.  Judge Fox read one sentence which accused one juror of lying on a jury questionnaire and stating in capital letters "she has a 15-year-old daughter." The alleged victim in the case, Calhoun,  was 15 at the time of the videotaped beating.

Both the prosecution and defense asked for the juror to be dismissed. Judge Fox denied the request, saying he felt the letter did not state enough evidence to dismiss a juror. The defense then immediately asked for a mistrial, but Fox denied the request and said the foreperson letter would be part of the record.

 

Schene claims he was following police academy taught techniques when he used a "hair hold" and punched and kicked Calhoun. The former deputy says felt he was in danger after Calhoun kicked a shoe at him striking him in the leg.

The entire incident was caught on videotape. That video led to an internal investigation and Schene's firing.

Under cross examination, Schene admitted to changing his police report and omitting information about the arrest.

Schene could face a year behind bars if convicted of the single charge.     

 

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Comments: Displaying 1 - 15 of 37

getrealppl said on January 22, 2010 at 8:58 PM

I'd be willing to wager that it was her parents "picking and chosing their battles" with her that helped to bring her to this point in the first place. She is an undisciplined brat who has finally gotten a taste of what authority is.

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susan52 said on January 22, 2010 at 12:11 PM

Come on people....he was out the door for crying out loud....he rushed back in and attacked her...why could he just not have let it be? Instead of engaging, he should have been disengaging from the situation....I am not condoning the girls actions or mouthiness, however you have to pick and choose your battles and to go after her like he did was just unacceptable....just what was the lesson in all that?

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truthseeker10 said on January 22, 2010 at 7:09 AM

I don't understand what was going though his mind either, but consider that almost 40 hours of testimony was given (as opposed to a 1 minute or less video) and the jurors are still deliberating. Does that not give you pause to think there is more to this issue than the view presented by the media?

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spokybob said on January 22, 2010 at 6:49 AM

I don't understand why he felt he was still in danger when the girl did not have anymore shoes to kick. And the injury he suffered is when his shin struck the toilet.

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truthseeker10 said on January 22, 2010 at 6:10 AM

maybe some of you are uneducated about the judicial system, so I'll help you out. The entire burden of proof is the duty of the prosecution, who must prove beyond a reasonable doubt that a crime was committed. If there is any reasonable doubt, then a defendant must be acquitted. Now, here is what I find quite shocking: The Jury has heard roughly 5 days of testimony.. opening and closing arguments including videos and they are still deliberating. Are you posters actually arrogant enough to think you can decide guilt or innocence based on less than a minute of video and the input you have from high slanted media? Do you make your own life decisions on such slanted and limited information? Do you not feel the jurors are in a better position to make a more complete and balanced judgment that takes into account ALL the evidence. Obviously the jurors are humanly flawed, but I would think they are in a better position than those of you pontificating from behind your keyboard

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yessir said on January 21, 2010 at 9:17 PM

Tomma... do you need a hug?

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tomma206 said on January 21, 2010 at 9:03 PM

Us taxpayers have always paid for everything, so what? its always been that way.too much talk of us having to pay for something,welcome to seattle.The people that side with the cop are just as bad as the cop and wish they were in that position so they could beat up people that are different than them as well.As usual the cop will get his pension or whatever and walk.Same story different day.Most people do not realize that this behavior by police happens all the time.Tough job? Not really.

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getrealppl said on January 21, 2010 at 8:09 PM

Maybe if this girl had been taught to show respect, both for authority and other people's posessions, she wouldn't have landed herself in jail in the first place. I don't really agree with the extent the officer went to, but I'll bet that'll be the last time she kicks her shoe at an authority figure.

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factoid said on January 21, 2010 at 7:26 PM

Have to wonder why the judge allowed the juror to stay. Could it be a setup for the appeal? I'm just saying that usually judges and cops are on the same side. But I am sure Judge Fox knows what he's doing. As for all you defending Mr. Schene. I was on his side until he punched her twice, hard to explain that. In my opinion Mr. Schene lost his temper and stepped over the line. He should not go to jail, he already lost his job, he and the County will probably get sued, he's been punished enough.

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lmiller658 said on January 21, 2010 at 6:25 PM

If this guy gets off on appeal, I will lose all respect for our legal system

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smithrock said on January 21, 2010 at 6:20 PM

When I was 15 I knew the difference from right snd wrong. They teach ethics in high school. Common sense is also a factor. This teenage female deliberately provoking a jail guard should know better.

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commentor11309 said on January 21, 2010 at 6:12 PM

Thats what kids need these days...... a good old fashion spanking. Kids have no fear these days. If i would have disrespected an authority figure(right or wrong) my parents would have done the same thing he did. If parents wont control their children then let society do it and parent better not complain.

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hightaxes said on January 21, 2010 at 5:59 PM

Man !! You don't act up in jail, regardless of what age you are. You do what you are told, you don't mouth off, you behave. She didn't and she got what was coming to her. There are proper procedures for takedowns that these officers follow. They don't nor does anybody carry firearms in the jail. It's all hand to hand and multiple person strength to end a violent episode. Her kicking off her shoe did not injur the officer but it was a legit assault on his person. She did it intentionally. She wasn't sucker punched, she was struct in the shoulders to get her to release her arms so she could be cuffed. This is not an atmosphere most teens are familiar with. These are not teachers that will take their guff. It's the real world. The same world that if you or I was incarcerated and kicked off a shoe and struct an officer, we would meet punishment. Unless you have been formally trained at a police academy in takedowns and the different methods, you would not understand what went on.

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jimbobjones said on January 21, 2010 at 5:57 PM

Yeah, she hates authority.

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skippypotpiebaby said on January 21, 2010 at 5:37 PM

It is a hate crime.

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rlw943 said on January 21, 2010 at 4:39 PM

He just did what her parents should have done before she turned to a life of crime, These kids today have no respect, discipline or common decency and deserve to be treated according to their actions, she should be sentenced to Basic Training at Fort Knox, KY one of the few School of Hard Knox left in this world. That will get her attention !

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fromthistown said on January 21, 2010 at 4:23 PM

kanajune said on January 21, 2010 at 1:20 PM Go work in a jail and face what law enforcement has to deal with day in, day out. Then come back here an proclaim how innocent 15 yr olds are! Kanajune: I do work in a jail and inmates are frequently instructed to remove their shoes without picking them up. She did what she was told and the deputy assaulted her, then punched her in the head while his cohort held her down. Everyone I work with agrees that deputy was in the wrong. Of course you'll get idiots who believe the girl deserved it, but those folks fail to understand how the justice system works. You get punished for the crime you commit. You dont get to be a punching bag for angry corrections or police staff, because we label you scum. That's not how it works in America. If you want it to work that way, go to Russia.

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susan52 said on January 21, 2010 at 4:18 PM

Shame on him for using his training as a defense! Clearly this deputy was out the door and in the hallway when the shoe was kicked off. To watch him come back into the room and attack this 15 year old girl was unbelievable! Clearly he was out to teach this "teenager" mouthing off to him, a lesson of who was boss. (She obviously pushed some kind of button). It scares me to think of what he would do to a 2 year old throwing a temper tantrum. I think this guy needs some serious anger management training at the very least. And then some supervised community service work with teenagers as I am sure they could learn from each other.

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yessir said on January 21, 2010 at 3:33 PM

I'll start off by saying like many in this blog, I was not in that cell, and sometimes context and duration can't be conveyed by a short video segment. That said, it certainly appears to me, as I suspect it would to most (including his fellow officers) that this officer lost his temper and took this to an inappropriate level. After this trial I wonder what kind of lawsuit will be launched by this girl's mother as they try to reach deep into the pockets of King County (read you and me) for the "physical and emotional trauma" she's suffered. Once we have a verdict... I doubt we'll have heard the end of this one.

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_cynic_ said on January 21, 2010 at 3:29 PM

Noskills- don't worry, she didn't go unpunished. She also has a lengthy (or in comparison to her age) criminal record already. It's been in the news that she's been arrested since this incident. Too bad she didn't learn her lesson already. I agree he overreacted. But, I laugh at all you that think "he needs to be hung" or he should "get what's coming to him" and that he caused irreparable damage. You all know that she sustained NO INJURIES because of this, right? If we give the public the right to assault (even verbally, which yes she did as well as physically) our police officers than we have no order at all anymore. I saw her admit on national TV that she intentionally kicked her shoe at the officer. At what point should he have stopped allowing her to treat him like that?

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titoflip87 said on January 21, 2010 at 2:52 PM

I do agree that a lot of teens or just the younger crowd in general has become extremely disobedient or act out in innappropriate ways, and I do agree that stealing a car and resisting arrest, and kicking a shoe at an authority figure is wrong! and yes, she should NOT get away with what she has done, but neither should the officer. She didn't kick the shoe hard enough to injure him, plus she didn't even attempt to go after him, or really do anything that he needed to be so agressive. Because she's 15, and she wants to act stupid, she belongs behind bars, or juvenile detention, but the way he handled the situation!? Changing the police report, slamming her into the wall, punching her and pulling her up by her hair!? Come on!! If he was in any REAL danger, the other officer would have shown a little more force as well. He wasn't even attempting to hold her down while cuffing her, or holding her down. I think if in more danger, both officers will subdue the suspect.

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noskills said on January 21, 2010 at 2:18 PM

She should get punished for stealing the car and resisting arrest unfortunately the way the deputy acted will allow her to go unpunished.

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posseon1stave said on January 21, 2010 at 2:18 PM

The question here really isn't about how fair a fight it was, or how much he was able to overpower her. The fact that he was bigger, stronger, had a gun, etc is not important. In cases where the police use force they DON'T WANT a fair fight. The police want as much of an advantage as they can get. They want suspects to feel they have no chance to fight back. Police are trained to be bigger, stronger, and have more advantages when issuing physical restraint on a suspect. The important part was if the girl did anything to actually trigger the officer to respond with his physical restraint training. Based on the fact he was fired, I would assume the answer is no.

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yogibear said on January 21, 2010 at 2:04 PM

bigdon I agree. I am sick of brats commiting crimes and really not paying for them. We as tax payers continue to pay for repeat offenders. Maybe if parents and the police could do more do discipline kids, we would see less of them going in to kid jails.

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phearis said on January 21, 2010 at 1:49 PM

People seem to not understand the whole point of this story. It's not about that mouthy snot nosed little punk girl, it's about a juror committed perjury in order to get on the jury for this trial. That juror lied on their questionnaire and broke the law. That juror should, and I hope, will face charges; and, since the judge denied the dismissal, that gives the defense reason for a new trial.

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maronite34 said on January 21, 2010 at 1:29 PM

I still say that if he is convicted, which I hope he will be, that 1 year in jail IS NOT ENOUGH.

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kanajune said on January 21, 2010 at 1:20 PM

Defenseless 15 yr old girl???? I hear she was a mouthy little punk.......look at that "girl" that assaulted the two women in Seattle last fall with her pit bull......I'd say there is a lot of ignorance out there as to just how nasty some of these "young persons" can get. Or, more recently, how about the 2 "girls" mugging women with a crowbar? Our teenagers are getting more and more violent all the time, and if we don't start treating them as adults then it will get worse, I fear. Go work in a jail and face what law enforcement has to deal with day in, day out. Then come back here an proclaim how innocent 15 yr olds are!

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ashleysmommy said on January 21, 2010 at 1:16 PM

bigdon, yes she stole a car...understood...however she was not given proper justice by being beaten by this cop. She kicked her shoe off as hard as I kick my shoes off when I get home. How in anyones world is this ok. He should not get a medal and should go to jail. He even admitted he lied on the police report. Sounds like bigdon is a family member or friend of this cop.

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hawkfan said on January 21, 2010 at 12:54 PM

I watched the video several times, you can plainly see she DID NOT kick the shoe hard, she was removing her shoe with just enough velocity to get it out the door, he says he was hurt by it!!...BS, send him to jail!

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bigdon said on January 21, 2010 at 12:48 PM

That little low-life snot-nosed Punk_AB deserved everything she got. I'd vote for acquittal, reinstatement, and a Gold Medal for Outstanding Service...

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intrestgal said on January 21, 2010 at 12:31 PM

I was appauled when I first say the video footage and now I am even more outraged that if they don't conduct a proper court hearing he could get off with a mistrial. No excuse for his brutal and barbaric behavior at all. I think 4th degree assault is too light for what he did and the manner of the attack. This former officer (thank God he was fired) was twice her size, in better shape and carried a GUN. Throw the book at him and while he is in jail I hope he gets a little "inmate justice" as well for hurting a defensless 15 year old girl. Even the cons hate cops who harm kids.

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graham said on January 21, 2010 at 12:18 PM

send the fuzz to jail for what he did to a 15yr old

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seattleluvmonger said on January 21, 2010 at 12:14 PM

cooler heads should have prevailed....he should have just tagged on felony assault charge...and she would have been in Jail longer....his actions caused irrepiable damage...

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__m96__ said on January 21, 2010 at 11:47 AM

this punk will most likely weasel his way out of this.then he'll be out eating dinner with his family or at store someone will recognize him and do the same thing to him that he did to a 15 year old girl!

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davidadams said on January 21, 2010 at 11:43 AM

Appeal...here we come

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stryker said on January 21, 2010 at 11:39 AM

"The former deputy says felt he was in danger after Calhoun kicked a shoe at him striking him in the leg." What lame excuse. I was afraid this little girl was gonna hurt me. Has the little car thief been prosecuted or absolved now because of this?

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anacortian said on January 21, 2010 at 11:38 AM

I still say he should get the rope! If one police officer cannot subdue a 15 year old female without the brutality he demonstrated on the video, then I say his training was suspect at the least. And what is up with the two sucker punches he delt her while his knee was in her back. WOW ! What a man.

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