The Oregonian report on Genge death fails to resolve videotape questions

July 3, 1999

The appearance in The Oregonian of the article, "Closure of excess-force case angers wife,"by Matt Sabo (7/2/99) is a welcome development in what has begun to appear as a whitewash of a police brutality case in Lincoln County.

• 1) The videotape of the arrest and killing of Thomas Genge was made by a camera on board the patrol vehicle of Lincoln City Policeman Craig Grabenhorst.
• 2) Mr. Genge was in the grip of Officer Frank Harris and was lying flat on the ground on his right side when Officer Grabenhorst delivered the fatal blow, a double knee-drop, to the lower back and ribs of the suspect.
• 3) The autopsy report describes the injury to Mr. Genge's spleen as a 6-inch laceration, along with "pulpification through the entire depth of the (10-inch) spleen."

However,The Oregonian article contains a possibly significant error in that it states the "officers had moved out of camera range, and the videotape did not show the officer dropping onto Genge's back." The Society's question is: Did The Oregonian reporter personally view the videotape?

On the other hand, according to the narrative "ANALYSIS OF INCIDENT * patrol vehicle on-board video recording * " (CASE #99-095042), by Frank F Lamport, Trooper, OSP, page 2, item 15: "Lead officer approached from behind the suspect and body drops onto the suspect; contacting the suspect's lower left side with both of the officer's knees. The suspect immendiately moans in pain." This description by Trooper Lamport appears to have been based on the content of the videotape. On page 3 Trooper Lamport says referring to the "body drop", "The technique appears deliberate. The officer maintains his balance prior to, during and after the movement. His apparent stability is inconsistent with a loss of balance or fall."

These remarks would seem to have been possible only by someone having personally viewed the event itself or the videotape. The Don Quixote Society Website is requesting to review the videotape in hopes of resolving the question of whether the fatal blow was captured on tape by the camera. Presumably the tape is a public document and should be available to the public.

The narrative report of the video by Trooper Doug Brown describes the original officer "pressing his right knee into the suspect's side. There is an audible cracking sound which may or may not be the sound of breaking ribs." again: "It appears the original arresting officer presses his right knee into the side of the suspect's chest in a rebounding motion." Again the remarks appear to be made in response to the speaker observing the video tape.

If the reporter viewed the tape and the knee or "body-drop" was not visible, The Don Q staff would suggest the possibility that the tape might have been edited. If the knee drop does not appear on the tape, then how did the fact that there had been one ever come up? Neither Grabenhorst nor Harris say a word about such a manuever either in their reports or subsequent interviews. OSP Trooper Lamport learned about the"body drop" from somewhere. If not the video tape, then where? There is a high probability that if the knee drop does not appear on the tape, that it has been deliberately edited out.

Below is a list of questions which were submitted to reporter Shaun Hall of the Newport News-Times, and to Matt Sabo of The Oregonian

• 1) Did the Grand Jury see the video tape?
• 2) Has the press access to the video?
• 3) Did the Grand Jury make statements supporting Chief Conley's claims of exoneration? Or, was the Chief's claim based solely on the Grand Jury's failure to indict at that time?
• 4) How much does Officer Grabenhorst weigh?
• 5) What does "Active but not combative resistance," mean as used by Trooper Lamport? Was Genge doing more than " stiffening and keeping his hands in his pockets"? Did the "struggle" involve anything more than Genge refusing to present his wrists for cuffs, forcing his hands downward into his pants pockets, and the officers subsequent efforts to throw him to the ground and pull his hands behind him?

In the interview of Officer Grabenhorst by Det. Molly Cotter on March 14, 1999, on page 18, Grabenhorst states twice that the other officer, Harris, had "good control" over the suspect when they went down to the ground. This could be interpreted as meaning there was no issue at that point of the suspect getting the upper hand, justifying the use of the body drop.

Additional issues have not been dealt with, such as the fact that Mr. Genge told Officer Grabenhorst several times during the initial contact that he had been hospitalized repeatedly for back injuries and had had numerous surgeries. Genge was unable to perform one of the sobriety tests which required heel-to-toe walking because of his damaged back. Officer Grabenhorst's subsequent knee-drop onto Mr. Genge's back appears particularly cruel in the context of his knowledge of Genge's medical history. This cruelty is compounded by the officers' failure to respond to Genge's repeated calls for medical assistance after the knee drop.

While writhing on the ground for over 20 minutes after the fatal blow, Genge is quoted in the police reports as having told the officers at least three times that he was dying. The officers' reports justify their inaction and delay in calling for an ambulance by saying that they have often heard suspects call for medical help as a way to avoid going immediately to jail.

Finally, Officer Grabenhorst records what may have been the last communication anyone had with Mr. Genge when the officer presented the dying man with a citation for DUII as he was being loaded into the ambulance. Contrary to The Oregonian story, the police reports state that Mr. Genge died before arriving at the hospital.

The Don Quixote Society Website will make every effort to pursue this story and resolve the many remaining questions. Stay tuned.