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WARREN POLICE Attorney studies police reports

By Peggy Sinkovich

Sunday, July 6, 2003

A national news show has contacted city officials about last week's arrest.
WARREN -- An attorney representing a man who contends he was beaten by police says he has received numerous complaints from the public of police harassment.
"I have received many, many calls in the last day," said Atty. Richard Olivito, who is representing Lyndal Kimble. "Right now I'm going through them all to try and determine exactly what took place. I will find out if there is a pattern here."
If a pattern of police abuse is found, a federal civil rights lawsuit will be filed, Olivito added.
He noted that he believes police used excessive force when they arrested Kimble on Saturday. Kimble, who is wearing a sling, said he suffered shoulder and rib injuries.
Olivito said Wednesday that he is now representing Alphonse Hogen, 27, of Burton Street, who says he was beaten by police May 29.
"I was riding my bike on Milton Street when police officers came up behind me and hit my bike with the car," Hogen said. "I got off my bike and ran into a house."
Hogen had friends that lived in the home, police said.
Hogen said he hid in the basement of the home and when police found him, they beat him. He had pictures showing bruises to his hands. A hospital report from that day shows he was treated for a cervical strain and bruises.
What happened
Police reports say police chased Hogen because he had outstanding warrants for driving under suspension and obstructing official business.
The report also states that when officers attempted to arrest Hogen, he resisted and refused to give officers his hands.
"The suspect continued to clinch his hands around his head and officers were required to strike the suspects hands in an attempt to relinquish his hands from around his head," the report states.
Police Chief John Mandopoulos says he does not believe Kimble or Hogen were victims of police brutality. He said an internal investigation is ongoing regarding Kimble's arrest.
One of Kimble's Kenilworth Avenue S.E. neighbor's videotaped his arrest Saturday.
The tape, which was recorded during the arrest about 12:30 p.m., shows officers Greg Hoso, Michael Stabile and Frank Tempesta struggling with Kimble, 29.
The tape shows one of the officers throwing Kimble on a cruiser and then to the ground.
Kimble also was sprayed with a chemical repellent.
Kimble is black; the arresting officers are white.
The videotape has been shown repeatedly on local and Cleveland news channels. It also may soon be shown on national television.
"I received a call from 'Good Morning America' asking me to go on the show," Mandopoulos said. He said he was told that the show may air today.
"I would have liked to go on, but the city law director advised me not to," the chief said. Law Director Greg Hicks could not be reached.
Kimble is charged with felonious assault, resisting arrest, tampering with evidence and felonious possession of drugs.
He pleaded innocent Monday and was released after posting a $20,000 bond.
Tom Conley, president of the Warren-Trumbull Urban League, said he has contacted the U.S. Department of Justice and is waiting for a response.