Attorney for man who was body-slammed by CPD officer says city withheld smoking-gun document
CHICAGO (CBS) -- A video taken on Thanksgiving Day 2019 went viral, showing a police officer body-slamming a man at 79th Street and Cottage Grove Avenue.
As CBS 2's Charlie De Mar reported exclusively Wednesday night, the man who was body-slammed is suing – and is now accusing the city of withholding key evidence they were legally required to hand over.
"They give us a flash drive with information on it that contains essentially a smoking gun document from the superintendent of police," said attorney Steven Hart.
Hart is suing the city. He represents Bernard Kersh, who was slammed to the pavement in 2019 by Chicago Police Officer Jerald Williams.
Hart said the City of Chicago intentionally withheld a crucial document for three years. Hart said he did not even know the document existed.
Officer Williams is an MMA-trained fighter who is known as Bacon and Eggs in the ring. Hart said Williams used the body slam maneuver because Kersh spit and licked him.
Attorneys for the city have defended Officer Williams.
"In court documents, over and over again, they said that he acted perfectly appropriate," Hart said.
The city has said, "Officer Williams acted reasonably and in accordance with CPD directives when performing the emergency takedown."
"It's only after we called them out that they produced this document," Hart said. "This is really bad behavior."
That so-called smoking gun is a 2021 letter from police Supt. David Brown to the Civilian Office of Police Accountability – or COPA. Hart said the letter contradicts the city attorneys representing Officer Williams.
Brown agreed with COPA's findings: "Officer Jerald Williams (PO Williams) used excessive force…. Given the conduct of the officer, the amount of force used, and the manner in which force was used, CPD believes that the penalty should be more significant than 45 days. The CPD contends that Officers Williams should be suspended for 135 days."
"It would be a stretch to suggest it was mere inadvertence. It couldn't be," Hart said. "It's the central issue in this case. This is a repetitive issue for the city."
A 2016 independent investigation into the city's Law Department recommended dozens of reforms after the department came under fire for its mishandling of evidence in police misconduct cases.
On Friday, a judge will hear the emergency motion in Kersh's case.
The city's Department of Law did not return our request for comment.