Updated: 09/04/2009 11:59 PM KSTP.com | Print |  Email
By: Nicole Muehlhausen, Web Producer

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Chief Dolan Responds to Mpls. Police  Brutality Case


Watch Chief Dolan Interview

 Police Brutality Lawsuit

 MPD's Response in Court

 
Read MPD Chief's Statement

 Mpls. Communications Statement

 RAW VIDEO: Alleged MPD Brutality Incident 

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 WATCH: Police Dashboard Video 

 
FBI Agrees to Investigate MPD Brutality Claim

 
Man Accuses Mpls. Police of Brutality 

New video released Thursday shows a man surrendering only to be beaten by Minneapolis Police—the second video of alleged police brutality in a month.

The last video of alleged police misconduct released two weeks ago led Minneapolis Police Chief Tim Dolan to order all of his 800 officers to watch a video in which six officers punched and kicked Derryl Jenkins, 42, during a traffic stop.

In this new video—which is now at the center of a lawsuit and internal affairs investigation—a veteran Minneapolis officer is seen kicking a man suspected of breaking into cars in a downtown parking ramp.

It starts when a car driven by Brian McCarthy rams a squad car trying to block his escape. McCarthy flees but his passenger, Nicholas Kastner, gets out and lays down—apparently giving up after being shot by police.

Officer Sherry Appledorn, a 16-year department veteran, thought her rookie partner was dead, according to people who know her. The video shows Appledorn standing over Kastner. She then begins to stomp on him approximately four times before kicking him about nine times.

Officer Joe Will, with 14 years on the force, sits on Kastner and six seconds later, Appledorn kicks him again.

"That wild movement of [Kastner's] legs is the result of getting shocked with 50,000 volts," said Kastern's attorney Fred Goetz.

Appledorn is seen in the video tasering him twice.

"The tasing, like the kicks, were nothing but torture. Nothing but gratuitous acts of violence," Goetz said.

He says they've filed a federal lawsuit alleging police brutality, excessive force, and a cover-up - especially by Appledorn.

"What happened is just an unjustified, unprovoked, unreasonable police beating," Goetz said.

"The passenger failed to get on the ground. I grabbed him and threw him on the ground face first. [He] started crawling under the squad in an attempt to get away. The suspect refused to place his arms behind his back," Appledorn said in a video statement three days later.

"She deliberately and blatantly lied to justify her unreasonable use of force," said Goetz.

In a statement to 5 EYEWITNESS NEWS Thursday night, Chief Dolan says his department referred this case to the St. Paul City Attorney for possible prosecution.

Both Officers Appledorn and Wills were not charged. Both McCarthy and Kaster have prior criminal theft and damage to property convictions. McCarthy had a warrant out for his arrest for violating his probation at the time of the incident.

Dolan says he takes any allegations of misconduct "extremely seriously" and says as chief, he has raised the bar for expectations around officer conduct and accountability.

The department says the officers cannot comment.


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