Say Brother; In the Matter of Levi Hart; 1120

The. Right. To. Do. It. YOU GET TO

HER. Michael what is it that you think about the way the police department treats all the kids in your neighborhood. Well they are all prejudice or whatnot. They really think about the white people don't give a damn about us. Are you afraid of them not that you do white people different than the blacks. What have you seen them do. I assume. Why. Well one wife would give him a ticket. Should they give him a break but why do they just give ticket right off the back. They do a lot of stuff that's wrong to us when it should be equal rights or whatnot. You know like stuff like come projects and give them much trouble. Black teenagers and stuff like that.

Why do you think certain things happen like leave her case that happened in the summer why do you think you have those kind of confrontations between the police and people young people in the neighborhood. I don't know I don't really know what the problem is but I just really don't care and they don't worry about the black people or anything they just got after others. And I don't think that the police would really do anything because the police force is going to do. They should have done it down in Atlanta. So they they probably do same up here. They would be able to catch him. Let me ask you what you think we can do about bettering their relationships with the teenagers and the police department here in Boston. I don't know. We could have like some workshops for some cops or something to get to know them better. I mean relate more to cops because I mean we really don't know all we think that they're against us maybe we got to really know them. And you know do things with them we get you know better along with them. What do you think about that. I feel that when a white guy is shot we have for just one more reason to shoot I had a dog just arrest him and put him in jail

and that his family should assume the right to shoot me. Why not just leave our heart was a 14 year old black youth he lived in this house in Roxbury with his parents and three brothers and sisters. He was well-liked by his friends and neighbors. Levi was a chapter 766 special needs student at the Woodrow Wilson middle school. His teacher Andrea sors describes him as an academically low functioning student. A mischievous boy who likes to joke around but one with a good sense of humor. It wasn't that he wasn't able to learn it. It's just that he wasn't given the time to learn. Mrs. Hart if I had left my house. A ball sized you know gone over to my sister in Jamaica Plain. And I had spoken to him I said love your way and

not to get laid again knock on uncle. He laughs and he called me. I don't know did he call me from. My sister. All someone one his friend also whatever because like I have a couple of nieces in my mother in law his sister like most all my family is over that way so he could call from one home to call me and tell him the day he had around I mind because you know do what he's supposed to do. And I thought everything was all right. On July 15th 1980 at about 3:30 in the morning three teenage youths Darrius Williams age 14 Jimmy Myers age 16 and leave my heart. Age 14 were pursued in a car chase by officers Robin led bomb and Richard board. They were following a stolen triumph down Beacon Street in Boston going in the wrong direction on a one way street.

Jimmy Meyers was driving the triumph while office solid bomb drove the police car in pursuit of the stolen vehicle. It is at this point where the stories begin to conflict. However the end of life our hearts life came at the end of the car chase and this no one can dispute national headlines declaring cop kills black youth all too often reflect the Levi Hart tragedy in many parts of the country. Say brother has given the social acceptance of such deaths much time and study as well so eloquently put by one of our black children in Boston. If he stole a car then they should arrest him. They didn't have to shoot him in the manner of Levi. There were many questions asked if he was telling the truth. Suffolk County district attorney Newman Flanagan called an inquest to help unfold the story of the fatal shooting of Levi Hart the court's ruling

to uphold a previous decision to keep all the inquest closed created much protest and unrest within the black community and continued pursuit of the truth and answers to better the value of our lives. Say brother require the complete transcript of the four day inquest held at the Roxboro district court by the Honorable Judge Richard Banks because of unresolved contradictions between stories we have dramatized what say brother considers to be three of the most significant testimonies given during the four days in the past held from July 28 through the thirty first nine points and the Roxboro district court. These are partial testimonies given by eyewitness Harke heart Louis Roxboro a youth Daria's Williams and Boston police officer Richard Bork. Because this hearing was closed to the public we will first take you into a simulated courtroom where actors will deliver testimony lifted verbatim from the actual

transcripts as they recall the scene. You will then see a re-enactment. Of the early morning events of July 15. Judge Eubanks addresses the discrepancies in the testimony and points out severe contradictions. Here we listen to all three versions of the eyewitness testimony or witness testimony in some cases as I said was. All over the lot. People saw things that. The physical evidence indicates they couldn't possibly have seen. People. Some people heard more than one shot. Pretty clear that were quite clear that there wasn't more than one shot. One woman said he waited about two blocks away in the apartment nine stories from the ground testified to seeing an officer go over and essentially exit you. Leave hard as the crowd on the

ground. The only problem is if he has an officer coming from the car that contained the black officers who are the backup. Another individual testified to seemingly why he had struck on the head but he testified that Levi had been pursued by one white officer one black. I'm sorry to the white officers. Where is all the evidence is that he was pursued by one white officer originally thereafter by one white officer and to one of those fools here Judge Banks is referring to Harcourt Lewis the night watchman who was on his way to work accompanied by his wife. We will now join assistant district attorney Daniel Milans examination of Harcourt Lewis in progress. As you were walking by that park did you see something while they have a little gate on this side. And then I have one on that side as we approach this gate here. We heard the screeching brazen sirens. So I stop and help my wife there in case this car was going to come towards us. I pushed my wife into that gate there

to safety. But instead of coming towards us it turned left. Now where was that car coming from. It was coming from Kenmore Square on what street on Beacon Street going the right way or the wrong way the wrong way. Did you see what kind of car it was. I didn't see it at all. All I saw well maybe we haven't gotten that part yet. What was it that you saw that made you worry about your wife's safety. Well we thought the car was going to come towards us but instead of turn left I saw that part of it stopped. So I felt that we were probably safe now. So we proceeded cautiously till we got to the corner of Charles gate West. Did you see where that car stopped I guess right in here up in the intersection of Beacon Street and Baystate road. Yes. Was there a police car in pursuit chasing that. Yes that was did the police car stop or did it keep going. No it stopped.

Where did it stop. It stopped in behind in the rear of the automobile. Did you see the other police cars in the area. No not them. Now as you continued to walk towards Charles gate west What did you see. Well we saw a man we thought was a grown up man running. He ran to the corner of the Charles gate West. From where from that automobile he turned around turned to both face and then ran back over to the intersection of Baystate road. So when you say he ran to Charles gate West can you show us the stock. Can you show us the spot that he ran toward. Yes. He ran from here to here. And then he ran back over to here wasn't any reason I know of was somebody chasing him as he ran. There was two police officers. Where did they come from. They came from the vicinity of the cars over there at the intersection.

The man that you saw running Did you see whether he was black or white. Well we could tell because of his profile he had the features of a dog person. Now when he turned and ran across toward the Baystate road side of the intersection. Was anybody still chasing him. There was just two police officers at that point. Did you see other police cars come in. No. What happened when they ran across to the Baystate road side of the intersection. We saw the first police officer reach out and grab him. Then I saw an old man come up and smash him on the head. We saw that evolvable off. Now one time I am sorry you say that again. Yes sir. We saw the first police officer closest to the boy reach out and grab him by the arm which arm. He reached out with his right arm and grabbed him by the left arm. And I saw an overhand next thing I saw something get come over

and something crushed like a club and then we saw our. Gun going off and. We saw the spot. You saw the smoke and we could smell it too when you saw the object hit the young man in the head. I didn't see the object. I only heard it. All right. Did you see which hand was used to do that. I really don't I think it was his left. Did you hear anything when that object. It was like a crush like a bone crushing because at 3:30 or 4:00 in the morning you hear sounds very distinctly and very clearly then you heard a gunshot right off. Yes. How much time between the crash noise and the gunfire. I don't know about that but I think it was a second. It was two very very different and distinct noises. Can you demonstrate for us. Yes I could. It was like a

crash bang. At about that time. Yes. Did you see as you demonstrated you were using both hands. Did you see the gun or did you see the flash light. All I saw was the spark and the smell. Where did you see the spark about here. Where about the level of your belly button did you see any object in the officers had at the same time. No I didn't I I really think I really think I was concentrating more on the boy than I was at the officer. Did you see whether the spark came from the officers left or right hand. Pretty thick. I believe it was his right hand. What then happened to the boy. He went down immediately immediately. What did the officer do. Well he. Stood around talking and then we saw an ambulance come up the one on the right side of the boy.

The next thing I saw was a man get out with a bag and went dove and looked at the boy for a minute or two I guess and then but back inside the Judge Bangs then questions the testimony of various Williams One of the Roxbury youths and only eyewitness from the stolen vehicle. The boy who had been in the back of the car. When it came to a halt. When. Tammy Meyers the operator of the car ran in one direction and leave my heart in the other direction. This boy remained at the car. And he does define that Lieblein ran in that the officer walked. Have some reasonably wise stop. The officer walked up to him and shot him at a distance and say well the medical testimony was that he was shot at not more than six inches. Because there were powder burns. On his neck and the cylinder.

Now when Levi got out of the car can you tell us which way he went towards going towards the brown car. Towards the brown car. Yeah. It wasn't that far. Now when you say he went towards the brown car did. Did he go straight towards the Bronco or did he run around a little before he got there. Straight. Your Honor I think that speaks for itself in the photograph that you have. Now. What did the police officer do from the car that was chasing you. Not the police officer that was chasing JT But the other one. Did he chase after Levi or what did he do. He went towards him. Now when you say he went towards him. Was he walking or was he running. Walk and walk and kind of little fast. Did you see his gun. Yeah I seen his gun. He did pull it out. He did not pull it up. No. Now. I know this may be difficult to remember but. Do you remember which side his gun was on. Was he wearing it on the right or left side.

Which one. The police officer that was going towards Livan. He had it on. If you don't remember say so don't guess just the best that you can remember right now. As he went down towards leave. Did something keep Levi from running away. No. Did some of the police come. See before the car conked out. The cops came and they went a little faster and then they stopped. And then the policeman. The other policeman got out the passenger side and leave. I had one foot on a car and one foot on the ground. To get ready to jump over the parked car and get over the car and start running.

Now when you say one foot on the ground and one foot on the car. Are you talking about the car that you were in or the parked car park car. And this was a little ways down the street. Yeah 20 feet. And. Some of the police come at this time. Did other police cars arrive. There was two cars. Two cars came in. And was this before Levi got shot. Yeah. Now. These two police cars that came down in the area were leave I was running. Excuse me in other words. Did these two police cars come in front of Levi as he was running away. From. And was it at this point that Levi attempted to jump over the car and get to the curb stone. Yeah. Now. How close was the police officer to leave in the park car if you can say at that point three feet. I can't say it exactly in feet you can point to

something in the in the room and indicate how close that is to you with that one. Yeah. Well can you point to something or somebody in the room and say that's the same distance from you as the policeman was from Levi in the morning in question. Can you point to something or are you pointing to the lady that's the clerk. Just me that's demographer can you agree on that distance. Can we agree on five to six feet from five to six. And what did you see happen there. Well the guy the man pulled the policeman. Pulled his gun out and shot Levi. As he tried to jump over the parked car. And what happened to Levi when the policeman shot him. He fell down frontwards was the car facing lever.

It was facing like right from the front of the back of the car. The front of the car when he fell where did he land. Landed in the street. The front or the back. The front that was there a fight between any of the policemen and Levi. Now. Before we shot the policeman who shot him. Ever get close enough to touch him. No. Did he did you ever see the policeman reach out and try to touch him. What did the black policeman do. He was looking at him. Looking at him Levi or the policeman. Both. Did either one of them touch Levi. No not that I know of. Were you inside the car all the time. No. After the shot I slide it up. After he shot him. After the policeman shot him. So up to the moment the policeman shot him were you still in the car. Yeah. As you can see with the first two testimonies there are many contradictions because

Officer Boggs testimony does not contradict that of Doris Williams here until the foot chase begins. We will pick up the re-enactment of Bronx testimony from that point Judge Banks shares his thoughts on why Officer Richard Berg's testimony created many more questions than it answered. He testified in. Great detail. As to. What he believed. Or at least wanted us to believe happened on that occasion. It was a very detailed statement that he gave. Problem is that he described the situation in which suddenly the gun appeared in the boy's hand. He has no idea how it got there. But then suddenly it appeared there pointed about at mid thigh on him if I remember correctly. That he grabbed for the gun with his hand. That. He was trying to wrestle the gun away from the two of them and toward the sky. Then the boy's

hand came across and engaged in is the gun came up somehow it went off. That was his story. And as I said. He if I remember correctly demonstrated it at least twice in great detail what role did you take as you pursued him right behind him all the way. At some point as you were running towards that corner did another police vehicle arrive. Yes. Where did it come from. It came from this area here on Beacon Street. I'm not sure. The main thing I remember is that all of a sudden there was another cruiser there. Where did that cruiser come into. This corner here. Pulled up swerved a little bit toward the left. To block the suspect. Was chasing him towards that same southwest corner. The suspect was running towards. Yes. What did the suspect do when the police cruiser did that he changed directions or ran just about straight across here straight across here you mean toward the Bay State Road side of the intersection. Yes. As he did that what did you do. I continued to follow him.

What did the cruiser that had come on the scene. I don't know. I don't remember seeing the cruiser after that. The cruiser was then behind you as you ran. Yes. I didn't know what was going on with that other cruiser at all. How far did the young man run toward the Bay State side of the street. How far did he run to the other side. Right up to this area here. Did he reach the curb or did something block his way. Nothing blocked his way. Did you reach all the way to the curb. Well I never got on the sidewalk as far as I can remember. What did he do. Pardon me. What did he do. He turned around for some reason. I'm not really sure why at this time. But I got to a point where I was let's say three to five feet from him and he's making these dodgy

movements back and forth. You were facing one another at that point. Yes. As he was dodging back and forth what were you doing trying to figure out a way to grab him. And where were his hands at this point. I really didn't notice. Where were yours let's say like this getting ready to grab him. Did you have a weapon in your hands at this point. No I did not. Did you ever draw your weapon up to this point. No I didn't. Did you have anything else in your head at this point in time. That is right no. At some point. Did you grab him. Yes. How. Well I put up both my arms and grabbed him around this area here the shoulder arms and I told him he was under arrest. What did he do. Somehow he managed to come in towards me all right when you say some how do you know how on his own power as far as I can see you didn't pull him in. I didn't pull him in. No. How long were you holding him by the shoulders before anything else happened. It was a really very long just a few seconds in those few seconds.

What was he doing. Well he managed to get down a little bit. Enter the side of me what was on that side of you. What do you mean. Were you carrying. Were you carrying anything on that side of your body. My firearm is there. What happened to your firearm. You got it taken out of my ulster. Did you see him do that. I didn't actually see him take it out. No. Did you feel it. No I didn't feel it. Now what kind of holster were you wearing. Cademy issue Smith and Wesson. I couldn't hear you. I said Academie issue Smith and Wesson holster. They gave you at the police academy. Yes. Now as you carry your gun did you carry it as it was referred to a cross over a fashion or with the butt facing behind you but facing behind me. So that ordinarily to draw that you would draw it with the left or the right hand. My left hand the butt faced backwards. Yes. You say that somehow the

gun was removed from your holster. Yes. And you don't know how. And then what happened. Well I saw the gun in front of me where right about here. And how was it being held. May we have for the record that level which was described OK how do do you want to describe it about mid guy do it again please. Right about here. I'd say mid-thigh left leg. And what did you do when you saw it down there. I reached up with my hands like this and grabbed his hands just like this. Both of your hands on his one hand. Right. And when you did that what did you attempt to do. Well my attempt was to get the gun away from us and raise it straight up and yeah. Well what did you do in terms of trying to get it up in the air. Well after I grabbed his hands like this I turned the gun away from me and raised it straight up in the air. How high up did you bring it.

I got the gun up to about this level here. That is your chest my chest area and his shoulders in that general vicinity you know what happened when he got the gun up to that level. Well he grabbed it with his other hand both his hands on my right hand. This is his left hand. Now what happened then when he put his left hand on your right hand. Well I attempted to raise it even higher. But what happened when you attended to raise it higher. This is about the time now that the shot has now gone off. I am sorry. Would you repeat that. I said this is the time while I'm attempting to raise it higher after he puts a second hand on me that the shot went off. How was the gun aimed as best you remember at that point when the shot went off. I don't know. Can that gun be fired without pulling a trigger as far as I know. When the gun discharged what happened what do you mean. Well you said the gun fired.

What happened when the gun fired. The suspect started falling to the ground. What did you do. I called for an ambulance. You made that call yourself or did someone else. Yes I did. Where did you make the call from. I was right on my walkie talkie still there at the scene. What else did you do. I called for a patrol supervisor to respond. Did you do anything with regard to the person who was on the ground the suspect. How do you mean. Did you try to give them any aid. I looked at it. To me it appeared dead. I saw blood flooring. That is completely inconsistent with the medical finding that the hard way suffered a fractured skull. And that the fracture of the skull was made by a blunt instrument.

And the doctors specifically included a pistol barrel was being the kind of blunt instrument that could have done it. Since there is no evidence that he struck his head in any other way that could have caused that particular damage. It's only consistent with there being a crushing blow on the skull delivered by a blunt instrument presumably it does. Once you take that as a fact. Then you cannot except the rest of the box. Two autopsies were performed on leave my heart. Dr. George Katsaris medical examiner for Suffolk County performed the first legal autopsy. The Hart family was dissatisfied with the results of that thing and their attorney Henry Owens calm pathologist Dr. Luke George Eski to perform a second examination of the use of body. This was done on July 16th at the Framingham Union Hospital in Framingham Massachusetts

doctor Eski describes his findings. The obvious cause of death as Mr. Allen said alluded to was the fact that he had. Died of a bullet wound. The bullet wound had entered behind the right here and in a downward direction. That. Penetrates through. Left. And gone to the left side of the head. I also did a few other studies to show that there was gunpowder markings on the skin which would imply that had been fired from close range possibly an inch or two. In addition to the bullet hole. What other markings did you find on the body. Well then I found a very interesting groove really an indentation in the right side of the head. And underlying that was a rather massive skull fracture very extensive skull fracture which really came as quite a surprise a surprise to me because as I

said before Mr. Owens had just. Talked about the fact that he had been shot. So finding this massive skull fracture on the right side of the head came as quite a surprise. What do you think of the skull fracture could have come from. Well it was obviously one that would have caused considerable. Impact it must have come with some force. And it was on the side of the head. So my feeling was that he would have had to have been struck. By some object. Is there a possibility that that could have happened when he fell after being shot. No this all came up during the. Inquest and then and then the subsequent grand jury. And I really didn't think so because when one falls you don't get such a skull fracture. Plus when one falls they usually go straight down. And

thereby would have been in the front of the head. And this was very much on the side. So I excluded that possibility. And leave our hearts way down. Is it possible that he could have struck his head on the part of the car or the street in order to increase such a fracture. No I don't think so because the groove on the skin was a very small indentation. And when I initially examined. I thought very much it could have been caused by possibly by even. A gun. And it didn't look like that diffused type of bruise that one would have if it stuck. If it was struck by hubcap. Now. In forensic medicine. Studies tell whether or not the gunshot or the blow to the head. Came first. Well obviously if they come both around the same time it is difficult to tell. There was extensive bleeding.

Of this of the underlying subcutaneous tissue the tissue under the skin near the fracture site. And usually when there's bleeding This implies that one circulation is still functioning. So if I had a postulate which came first I would have said that the skull fracture came first and thereby causing the hemorrhage into the underlying tissue. But you have to appreciate that if they came one right after the other a matter of seconds it would be very difficult to tell. So there was simply no story that that made complete coherent sense. Including words because Barak did not deal with the fractured skull and no story that didn't deal with the fact his film could be entirely true. This is not to say that. I would be certain or anybody could be certain exactly what did happen. But. Given that discrepancy it was a story that couldn't be believed in

its entirety. Is that why you recommended it to the grand jury that was basically on August 6. Judge Bangs filed his inquest report in which he called for further judicial inquiry. What was sought to be done with it was to refer the matter to a jury. Referred to or a jury of 12 of. The peers of the person. And let the jury in their collective wisdom decide whether beyond reasonable doubt have been a crime committed. That's the way it's supposed to work. One week later a Suffolk County grand jury determined that there was not sufficient evidence to return a criminal indictment. Hart family attorney Henry Aman's my position that when one looks at the inquest report when one looks at the testimony of the inquest the conclusion is inescapable never before and I pose this to the scootering.

Mr. Flanagan. Really if ever does a potential defendant testify before a grand jury what we had in this case was a mini trial conducted by the descriptor in his office before the grand jurors with only the DA being present. When I say it was a bad job the evidence in this case clearly indicated that an indictment should have been returned. The question is that the man at number one was not presented properly by the DA's office. But more important number two the DA's office used the grand jury as a sham that the DA's office never intended for that grand jury to return to Bill. The district attorney Newman Flanigan disagreed with that opinion. In an August 20th Boston Globe article he stated quote we presented all the evidence in this case to the grand jury who called and record

witnesses to question them about every fact before they were satisfied and returned their verdict. It is inconceivable to me that Mr. Owens could even think of a possible cover up in this or any case presented to the grand jury by me or anyone in my office. Although the Suffolk County grand jury declined to indict borke on any criminal charges a federal grand jury was convened to determine whether leave our hearts civil rights had been violated. This federal investigation was called for by U.S. Attorney Edward F. Harrington to begin on Wednesday September 24th. After nine weeks out of uniform reacted to the news of a thorough investigation in a September 21st globe interview. I've never been out of work this long. But what can I do. I wanted to die. After the federal grand jury. Maybe it will die unless it goes to the world grand jury and the galaxy grand jury. I have a feeling there is no end to

this. Attorney for the Boston Patrolmen's Association Frank McGhie comments on why this case could not die here. About that both Dr dusky and Dr. Katz both said they found a. Fracture of what 2.5 centimeters in length approximately. I have a look at the autopsy reports lately. But there's no question about that. The only reason that that case that was far as it was was because of the fracture. The unexplained unaccounted for fracture OK. We decided yet where the fracture came from. I haven't the slightest. Idea where it came from. And a state grand jury could never figure out where it came from. And a federal grand jury could never figure out where it came from. On October 16th the 19 member. All right Grand Jury notified the United States magistrate Peter Princie of its decision. They found no probable cause to indict Boston patrolman Richard W. blog

on federal civil rights charges in the shooting death of 14 year old Levi Hart. Blogger was asked during a press conference on his feelings and plans for the future. That's pretty good news for you. How do you feel right now. Excellent. How did you get the news. Well my lawyer friend called up and told me congratulations. No Bill. Where were you at the time. At my home. What are your plans now. Well I figured a few days I go back to work. Were you surprised with the Nobel return. No I'm not. I guess I'm really surprised at the entire process and I guess that the entire process has led to a no bill at the state level and a no bill at the federal level in the process that I'm surprised about. And again. Historically and I've talked about this in the past. The disparate treatment that minority people have received on the criminal side of the court especially we had a situation

factually a white police officer or a black victim allegations being made that the victim was committing a crime and we add all these factors together. I personally did not feel you know I did the parents feel that law enforcement officials were aggressively going to pursue this case. And based upon that and based upon some of the other factors involved investigations et cetera the family did not feel that we were going to have a type of investigation that would bring to light all the facts and circumstances surrounding the death of leave our heart. Leave our hearts mother reacts to the grand jury decision and also they had said that they couldn't. There wasn't enough evidence. They didn't find enough evidence. And I know all the time it was enough evidence there and was when they got downtown. I was going to say and like I had told my kids I said you know don't get your hopes

up I'll just had that funny feeling about it. And I just thought well you know I just don't get to hope. So that's what we fight and guess our prejudiced system. And you're dealing with the sit in. And you can fight to see it in you know you try and you know you you know you're teaching kids to you know respect respect to the city they respect other people but you know as. Hi. Hi can you just tell them right. Tell them to respect the word and respect the law enforcement when they are doing everything they know. It's no hope. It's just I have no state representatives. Graham and Doris Prunty expressed their concern.

However once you go to the grand jury and now we're talking about a very close situation an extremely close situation. When you sit down with the jurors on the grand jury and the person comes before the grand jury. Someone has to talk to them first. In other words someone has to say the person you are about to hear from is a person who is testifying about a case where such and such occurred how that ground work is laid. That sounds like in terms of how they are prepared for the witness has something to do with their findings. Now I'm assuming that it was the district attorney whose role it is to prepare or brief the grand jury to hear the officer's testimony. I will never know what the D.A. said to the grand jury. I will always wonder whether or not comments made. In that

preparation of the grand jury had something to do with how they interpreted what they heard from the witness because I think that. When you set the tone when you give the briefing about what it is we're doing here. Has some effect on how you hear or how you interpret what you hear next. So I wasn't privy to that. None of us were. And so I don't know that I'll ever know what was told the grand jury but I will always wonder if it had some effect on the kinds of questions they asked. Or their interpretation of the answers they received. Sandra Graham I suppose at this time I'm just numb. I guess I guess I prefer presuppose that anyway. I knew there was not going to find him guilty. We knew that he was going to be acquitted because if you indict a cop on murder it opens up Pandora's box. I mean it then says all of the cops who have done this can go before a court and be found

guilty. They're not going to do that. I have never seen it in my lifetime where a cop has been found guilty of brutality or found guilty of murder. Never ever have I ever and I am thirty nine years old and I have never seen. Chairman of the National Black United Front. Reverend Herbert Daughtry speaks to the U.S. judicial system. Juries are simply the manifestation of the racist society. The jury happened to be human beings who come out of the same racist climate and therefore their decisions will be consistent with the prevailing climate. The same thing in Randolph Evans 15 year old in Brooklyn he was the officer of. Tosti came up on him on Thanksgiving evening and simply shot him to death. Just recently Jay pauca. An honor student his father was a 24 year veteran in the police force killed Ricky Borden a few years ago from Staten out of New York 11. Clifford Glover.

I could run it all day long. In each one of these instances the jury brought back the same kind of decision. Therefore you have to conclude that the jury is simply manifesting the racist climate of this very racist society. As you can see the shooting death of leave my heart is not an isolated incident but just one example of this national March 31 issue of Ebony magazine that reads in part such shoot first ask questions later killings of blacks by police are all the more ominous because of the recent Ku Klux Klan resurgence the recent random killings and near killings of blacks under mysterious circumstances in several cities and the nation's conservative led retreat from civil rights implementation. Nevertheless many criminologists contend that police use of deadly force could be minimized or largely eliminated if local prosecutors were not so

reluctant to prosecute the same police they rely on in other cases or if state grand juries or is concerned about crime in the station house as they are about crime in the street. One must ask why black Americans are 45 percent of all victims of police homicides across the United States. Judge Banks offers his opinion on a case like leave like hardcase it seems to me is sort of another thing. What happens is that at night. The few whites who are in the area closed their businesses and go home. The black working black working people go home. And the streets are left to the street people. The street kids and the cops. And between them there's going to be a kind of war. And in that war. The cops certainly do overreact on many

occasions. All. You have to remember however and this is by no means a justification it's just kind of trying to understand what is happening. What you have to realize is that these cops are in very many cases both ignorant and frightened. The fright stemming from their ignorance of the community and the people in the community. Stemming from the stereotypes they grew up with that any kid that they were likely to stop was almost certain to have a knife if not a gun. That if they didn't want their wife to be the widow and their kids Rawson's then they had to anticipate the worst. And over on the other hand is the police. Were believed at least can in a way to make rough arrest. The kid who was stopped on the street was prepared to try to defend himself or at least try to get away. And so you know you just have inherent in the situation. Between those two groups. All. The makings of

something like leaving her kids. Not so from. The street. Do your job. Sometimes you know you're going to. You want to be a good cop. Sometimes you run into. Different things. And. Like I said we're all really human beings. Fear and ignorance within the Boston Police Department are joined by three other factors. Stress and any effectiveness are the first two. The Boston Globe headline the Boston Police Department is among the least effective in the nation. Insensitivity is the fact that this must have been about 7:00 in the morning about four police we had came in they said this is less than nothing. And I jumped up and I went to the door and they said We'd like for you to

come with us. It's been an accident. So I was just automatic you know shook me up because you know as I get in motion in a way so I jumped up and start again drives and my oldest son was here. And he said a whole lot I'd go with you. And I was in it and I didn't think it dawned on me who you know who had been hurt you know. And I know that the rest of my three kids you know and I said oh gosh so. So they asked him Do you have a son named Levi. And I said yes. So just all I said to me so I jumped in because I assumed that he was gone to the city hospital. So all the time that we said I said oh God what then happened. And my only son was calm and I just you know just people wait till we get there that might not be not just you know I was upset I was crying. So the way that they left my house you would have you would have to pass by the sit in LA. So they stopped there.

And I still didn't pay it and I was upset. And yeah it was some guys working. On the road. So I thought maybe they would stop and you know they get a chance to go around because it was the cause. So we stopped it and they cut them all out. And so they said and that's how we want to identify our body. And. Then I just I really felt the on this and what they was sad to me. Calm down don't worry. All he wants to do is to just that it might not be. Levi. So when they measured it they all the time they know that was Levi. I think what I was upset. I think they had took my son down to identify the body because I was able to go and when my son came back I saw that he had been crying.

I saw that he had been crying tears rolling down his eyes. And I know that my son was dead. So then my son just came in he hugged me and he went over and he was calling and trying to get ahold of my sister cause she just like a mother to me my oldest sister. And so when I finally got my stuff together and I just tell them I just want to see my son. And we must of waited for about two hours before I was able to see him. So they finally said OK. And so me and my husband went down there and I had so I saw him when I went there and I looked at him. You know they had him on a table you know stressed out. And I had noticed that he had this big lump on the side of his head and I said to them I said Oh God.

They being my son just like that. So my mom says no. At first I was at the top. I didn't know that he was shot. OK. And I said my son is being bad and so we can back up and I broke down crying again and he was in the waiting area at the same time. All the police there was sand that. Asked me my son were asking. Well have what happen. And they said they had been shot and never told us that they had one of their guys had shot down. And my sister losses what have you been know. Where have you been shot. And they kept going around the issue you know and believe me we're going to get to the bottom of this. No I did not find out that Levi had been shot in the head until he was on her way out the mall and I heard it on the radio that it had what happened that morning that a black youth had been shot in the head.

And that's how we know that Levi had been shot and that attorney Henry Owens describes the Hart family's future plan as you know the the parents have filed a civil suit in the federal district court for deprivation of constitutional rights. That suit has been. Assigned to Judge Nelson or the Federal District Court Judge Nelson has ordered that all pretrial discovery be concluded by March 15th of 1981 assuming we adhere to that schedule. I would anticipate a trial in the summer of 1981 when that trial takes place. It will be the first public disclosure of what happened on the morning in question. But more importantly the evidence that will be presented to a jury at that time will be subject to the rules of evidence and be subject to the either lose that would apply to trying a case before a jury after all has been said and

done. The families are going to be over the loss of life of our heart the impact of the grand jury investigations. We are still left with many unanswered questions. Judge Richard Banks I suppose the. Thing that I'd say that one ought to do is try to. Widen a recurrence of this kind of thing would be found not only internally within the police force. Or perhaps this individual needed more screening. Before he went on the force. Perhaps he needed more training before he went on the street. It's hard to say exactly. What went into his makeup but I can't believe that it was partially an experience. That causes him. I think it's a question of keeping up pressure in those cases not even being forgotten not letting him be pushed on the wrong.

Things. You know. They've got to do what ever they go do just what they. Know. Or. Just. Leave out.

The hard cases not had the final day in court because of this request for interviews with police were denied to say brother next week in part two of this documentary the community's reaction to the case will be explored. And members of the Massachusetts Black Caucus would present strong recommendations for improved relations between the police and the community. Don't miss in the matter of Levi Hart part two next week on same brother