Judge Lifts Ban on Firing Officer in Taped Beating

A judge lifted a temporary restraining order against the Inglewood Police Department on Wednesday, clearing the way for Officer Jeremy Morse to be fired for his conduct during a videotaped beating of a handcuffed 16-year-old.

Los Angeles County Superior Court Judge Lois A. Smaltz ruled that the department had not violated Morse’s civil rights during its internal investigation of the July 6 incident. After hearing arguments in a Redondo Beach courtroom, Smaltz denied a request by Morse’s attorney for an injunction that would have prevented any discipline against the officer.

Inglewood Police Chief Ronald Banks recommended Aug. 1 that Morse be fired and gave the officer written notification of the decision. But Judge Jean E. Matusinka blocked the department from further action.

Now Banks plans to move forward with disciplining Morse, who is on paid administrative leave from the department. Morse will have an opportunity to meet with Banks personally, and can request an arbitrator.

The videotape of Morse slamming Donovan Jackson against a police car and punching him in the face brought a nationwide outcry and accusations of police brutality. Three days later, Inglewood Mayor Roosevelt Dorn called for Officer Morse to be fired and prosecuted.

Morse was indicted July 17 by the Los Angeles County Grand Jury on a criminal charge of assault under the color of authority. His partner, Bijan Darvish, was indicted on a charge of filing a false police report.

The Police Department recommended a short suspension for Darvish, but was temporarily blocked from disciplining him as well. A judge will hear arguments today on Darvish and on Antoine Crook, another officer who was at the scene and faces disciplinary action.

Morse’s attorney, Richard Levine, argued Wednesday that the department had violated the police officers’ bill of rights, a state code that spells out protections for officers. Levine alleged that Morse had not been advised of his constitutional rights before he was initially questioned, and had not been allowed to have his preferred attorney present at a later interrogation. Levine also said that Morse had not been provided with all relevant notes, reports and other documents.

Smaltz ruled that, on the basis of the evidence presented, the internal investigation had been proper.

Inglewood Senior Assistant City Atty. Emmerline Foote said later that Smaltz’s decision was good for the city because it allows supervisors to do their jobs. If the judge had ruled in favor of Morse, supervisors would not have been able to question officers about their use of force, she said. “It would have resulted in a really absurd situation,� Foote said. “Sometimes on the scene, you need to know what’s going on.�

Inglewood Police Assn. President Neil Murray said the ruling was disappointing. He said he believes there were violations of the officers’ bill of rights.

“We were hopeful that a judge would see there was a need to issue an injunction to hold off on the discipline,� Murray said, adding that an appeal would be considered. “Obviously that wasn’t the case.�

Murray said that he remained hopeful, but that Wednesday’s decision did not bode well for today’s hearing. “We’re preparing for the worst.�