Victim of Alleged Assault by Minn. Officer Is Recovering

June 29, 2012
The 43-year-old was released from the hospital and is home after two brain surgeries. He faces a long and uncertain recovery.

June 29--Brian Vander Lee has almost no hair left and staples circling his head, but he is finally home.

The 43-year-old was released from the hospital earlier this week and is resting at his Ramsey house with his wife and four daughters, according to his attorney, Chris Messerly. After two brain surgeries, the recovery ahead of him is long and uncertain, Messerly said.

"He has a brain injury. He has incisions on his head that are like a big horseshoe shape. He has a long ways to go," Messerly said. "Hopefully he will have a good recovery but whenever you cut in to someone's brain there are risks."

Vander Lee was hospitalized after a Minneapolis police officer allegedly punched him once in the head at about 7 p.m. June 16 while the men were at Tanners Station. Vander Lee reportedly fell and hit his head on the Andover bar's patio and was taken to Mercy Hospital with critical injuries. Sgt. David Clifford -- formerly the executive officer of the Minneapolis police department's SWAT unit -- allegedly fled.

He turned himself the next day and now faces a felony-level charge of third-degree assault. The 47-year-old officer has been placed on paid home assignment and has an open internal affairs investigation pending against him.

He could not be immediately reached for comment Friday, June 29.

Clifford's attorney in the criminal case, Fred Bruno, previously said Vander Lee was drunk and "out of control" before Clifford punched him. Investigators said witnesses

at the bar disputed that claim and that video footage shows Vander Lee sitting and talking on his cell phone before Clifford reportedly walked over and punched him.

Vander Lee's family retained Messerly to represent him in a civil suit against Clifford, which the family is waiting to file until Vander Lee's recovery advances, Messerly said.

The employee from the Star Tribune's advertising department is able to speak slowly but is suffering from short and long term memory loss, Messerly said.

Dr. Mahmoud Nagib, a neurosurgeon and president of Neurosurgical Associates in Minneapolis who is not specifically familiar with Vander Lee's case, said it takes a long time to recover from brain surgery, much less two in a row.

"It can be up to a year, if not more... He could have problems focusing, holding on to a job, concentrating, all -1/8his-3/8 intellectual functions might be effected," Nagib said, adding memory loss and dull persistent headaches are the most common repercussions from brain injuries.

People can make full recoveries though, Nagib said.

Neither Vander Lee nor his wife could be immediately reached for comment Friday.

Messerly said the civil suit could take 18 months to reach trial after it's filed.

Clifford's next court hearing for the criminal proceeding is scheduled July 19.

Sarah Horner can be reached at 651-228-5539. Follow her at twitter.com/hornsarah.

Copyright 2012 - Pioneer Press, St. Paul, Minn.

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