Module III: Defenses and Privileges: The Fifth Amendment Privilege Document Production/Immunity
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Module III: Defenses and Privileges: The Fifth Amendment Privilege & Document Production/Immunity - Video
Michael Brelo trial: Day 3 afternoon session
NEOMG reporter Ida Lieszkovszky talks about Cleveland police officer Michael Demchak invoking the Fifth Amendment during officer Michael Brelo #39;s trial on Wednesday, April 8.
By: cleveland.com
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Michael Brelo trial: Day 3 afternoon session - Video
CPD Officer Invokes Fifth Amendment right during Michael Brelo trial
A CPD police officer invoked his Fifth Amendment right during CPD patrol officer Michael Brelo #39;s trial Wednesday. WEWS NewsChannel5 is On Your Side with breaking news weather updates...
By: WEWS NewsChannel5
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CPD Officer Invokes Fifth Amendment right during Michael Brelo trial - Video
A Clevelandpolice officer refused to testify Wednesday during the trial of a colleague, Officer Michael Brelo, who facestwo counts of manslaughterin a case that involved a wild high-speed chase. Officer Michael Demchak invoked his Fifth Amendment right against self-incrimination on the witness stand after answering just a few basic questions about his identity and work history, citing advice from an attorney to not testify unless granted immunity, Cleveland.comreported.
Cuyahoga County (Ohio) Prosecutor Timothy J. McGinty wasn't pleased with the officer's refusal to answer questions. "We need his testimony in this trial. We're asking for his testimony," McGinty said, asWEWS-TV reported."We're asking for the truth. That is his duty as a police officer."
Brelo, who was indicted on two counts of voluntary manslaughter May 30, 2014, is on trial in connection with the Nov. 29, 2012, deaths ofTimothy Russell and Malissa Williams. Russell, 43, and Williams, 30, both unarmed, led police on a wild car chase that involved more than 100 officers and 60 police cars. Russell and Williams were each struck with more than 20 rounds after police fired nearly 100 shots at the 1979 Chevrolet Malibuin which the pair had been traveling.
Brelo, 31, fired 49 rounds and reportedly jumped on the hood of the car and fired about 15 rounds after the chase had concluded, the Cleveland Plain Dealer reported. Prosecutors argue the action was unjustifiable since the chase was over.
Investigators said Demchak fired his gun four times during the incident and prosecutors filed motions before the trial opposing police officers who might invoke the Fifth Amendment, Cleveland.com reported. McGinty reportedly told the court that police officers knew one of the fellow officers had done something wrong that night but were refusing to come forward.
The judge in the case decided to allow police officers to invoke the Fifth Amendment just as any other citizen would be allowed to do. "You're asking a witness to rely on your word that you won't charge him, but that's just not the standard," said Judge John P. O'Donnell, as Cleveland.com reported.
Prosecutors expressed frustration that Demchak's refusal to testify had set a precedent. "It won't end with this," McGinty told the court, Cleveland.com reported. "I am reluctant to start doing it here and now for fear of the future result."
Two other police officers -- the first to say he saw Brelo on the hood of the car and that officer's partner -- have been granted immunity in the case thus far. Two more police officers are expected to invoke the Fifth Amendment in the trial, Cleveland.com reported.
The trial beganMondayand is expected to last five to seven weeks.In December 2014, following an investigation that began in response to the shooting of Russell and Williams,U.S. Attorney General Eric Holder found that the Cleveland Division of Police engaged in a pattern of excessive use of deadly force.
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Michael Brelo Indicted: Fellow Cleveland Police Officer Refuses To Testify In Manslaughter Trial Over High Speed Chase
CLEVELAND, Ohio -- Cleveland police detective Michael Demchak invoked his Fifth Amendment right against self-incrimination shortly after being called to the witness stand Wednesday to testify in the trial of fellow officer Michael Brelo. A heated argument ensued.
Demchak, who was involved in the 22-minute chase and fired some shots at the car driven by Russell, was granted his right by Cuyahoga County Common Pleas Court Judge John P. O'Donnell.
Prosecutor Timothy McGinty filed a motion saying he wanted to treat any Cleveland police officers that might testify during the trial as hostile witnesses. The motionargues police officers were not fully cooperative with investigators during interviews with the Ohio Attorney General's Bureau of Investigations and with prosecutors' efforts leading up to the trial.
Brelo is the only officer to face criminal charges in the November 2012 chase that ended with 13 officers firing 137 shots into a car fatally shooting unarmed Russell and Williams.
Brelo, who prosecutors have said fired 49 of the shots, waived his right to a jury. O'Donnell will ultimately render a verdict in the case.
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Watch Cleveland police officer take the Fifth in Michael Brelo trial sparking heated debate (video)