Attorneys representing Tulsa against civil lawsuits related to police corruption said the city is emerging better than expected from what was predicted to be a tidal wave of lawsuits.
At least 48 people have been freed from prison or had their cases modified due to alleged falsified search warrants or other civil rights violations by police, and 16 lawsuits for 15 defendants have been filed against the city to date, according to court records.
The federal corruption investigation resulted in charges against six current or former Tulsa police officers and a federal agent, as well as accusations of criminal behavior against five officers who were not charged.
"That fear that it was going to be something really crippling to the city - it has never hit that," said Attorney Guy Fortney, who represents the city. "There just aren't that many cases left that the statute of limitations hasn't already run out on."
Fortney's firm, Brewster & DeAngelis Law Offices, pledged to donate $1.2 million in legal fees to help defend the city as cases were filed - though Fortney said his office has never approached that amount.
The city of Tulsa has paid for expenses involved in the defense, such as expert witnesses and mailings, Fortney said.
Gerald Bender, Litigation Division manager for the city of Tulsa, said the low number of suits filed against the city is due to the quick and aggressive approach Fortney and attorney Clark Brewster used on each lawsuit.
"We determined right up front that we weren't going to spend a dime in settlements," which was a decision Mayor Dewey Bartlett made, Bender said.
Many attorneys who were prepared to file lawsuits have told Bender that the city's defense from Brewster and Fortney made the cases simply "not worth it," Bender said.
"We just continue to be really aggressive in our response," Fortney said.
While 16 lawsuits have been filed, seven are closed in regards to the city - either in a judgment or dismissal, records show.
Nine remain open, and four of those have pending motions to dismiss the city, which Fortney said he is confident will be granted.
Those cases with pending motions to dismiss are filed by Edward Johnson, who served two years of a 10-year sentence; Marvin Barber, who served more than five years of a 17-year sentence; Lindell Pointer, who served about two years of a 14-year sentence; and Thomas Ranes, who served all of his two-year sentence before filing a motion to have his sentence vacated.
Of the nine cases, one case has a pending motion for summary judgment.
The remaining four open cases have survived city- dismissal challenges.
Of those four, one involves allegations that law enforcement officers framed Larry Wayne Barnes Sr. and Larita Annette Barnes in 2007, records show. The Barneses were convicted of selling drugs and sentenced to federal prison.
They were freed in 2009 after an informant in the case said he worked with ATF agent Brandon McFadden and Officer Jeff Henderson to frame them, court records show.
The Barneses served more than a year in prison before being freed due to the police corruption probe.
"I don't think we can say we're in the clear," Bender said. "I think we've established some excellent laws and some excellent decisions. ... I think it looks very good."
Police corruption probe
The federal corruption investigation resulted in charges against six current or former Tulsa police officers and a federal agent, as well as accusations of criminal behavior against five officers who were not charged.
Three Tulsa police officers and the federal agent were convicted.
At least 48 people have been freed from prison or had their cases modified because of civil rights violations or potential problems with their cases stemming from the police corruption.
The law enforcement defendants:
- Jeff Henderson, who was hired by the Tulsa Police Department in 1995, was convicted on two counts of civil rights violations and six counts of perjury. He was acquitted on 45 counts of perjury, civil rights violations, drug conspiracy and witness tampering. Henderson was sentenced to 42 months in prison, which he is serving in South Dakota. Three months were added to that prison time Wednesday for contempt of court.
- Brandon McFadden, hired as an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives in 2002, was sentenced to 21 months in a Texas prison after pleading guilty to drug conspiracy. McFadden cooperated with prosecutors.
- John K. "J.J." Gray, hired by the Tulsa Police Department in 1990, pleaded guilty to stealing money and was sentenced to four months in a Louisiana prison. Gray cooperated with prosecutors.
- Harold R. Wells, hired as a Tulsa police officer in 1975, was convicted on five counts, but a federal judge later dismissed one count. Wells was sentenced to 10 years in federal prison, which he is serving in Minnesota.
- Three police officers - Nick DeBruin, Bruce Bonham and Bill Yelton - were acquitted on civil rights violations in two cases.
Bonham was charged with five counts and DeBruin was charged with six counts related to theft of U.S. funds, civil rights violations, drug possession and possession of firearms. The Tulsa Police Department fired the two for failing to follow policies regarding "conduct unbecoming an officer" and "duty to be truthful and obedient."
Yelton retired about nine months after police announced that an internal investigation was under way.
Jarrel Wade 918-581-8367
jarrel.wade@tulsaworld.com
Original Print Headline: City dodges lawsuit tidal wave
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