May 24--TRAVERSE CITY -- A federal lawsuit that targets a sheriff's deputy who shot and killed an Interlochen man during a 2007 standoff could hinge on defense efforts to conceal allegations of police errors and lost or missing evidence.
The lawsuit seeks an award of over $3 million for the estate of Craig Carlson and is scheduled to go to trial Sept. 17 in U.S. District Court in Grand Rapids. The Grand Traverse County Board of Commissioners recently rejected a settlement negotiated by its insurance company, meaning taxpayers are on the hook if the county loses at trial.
Grand Traverse sheriff's deputy Charles Jetter shot and killed Craig Carlson on Nov. 10, 2007, after an 11-hour standoff at Carlson's home. County lawyers want to block evidence from trial that could detail how police officials ran the stand-off, as well as allegations that evidence was either mishandled or destroyed a Michigan State Police follow-up probe.
"This complaint is all about police misconduct and a cover-up," said Grant Parsons, who represents Carlson's family. "They want to block evidence that makes up the core of our case. It's a dirty laundry list that no one should be proud of."
Christopher Cooke, the county's attorney, said the county wants to exclude evidence connected to lawsuit defendants that subsequently were dismissed from the case, or actions taken by state police after the incident.
The suit originally named Grand Traverse County, former Sheriff Scott Fewins, and Traverse City Police Sgt. Steve Drzewiecki, who commanded the response team that surrounded Carlson's home. A federal judge dismissed them from the suit in 2011.
"I think it's really important to define the testimony and evidence of what Deputy Jetter did," Cook said. "Allegations against others and other agencies should not be used to color the allegations against Deputy Jetter."
Jetter maintains he fired the fatal shot as Carlson leaned out a window and with his finger on the trigger pointed an assault rifle at surrounding officers.
Parsons disputes Jetter's statement. He said evidence shows Carlson was not leaning out the window nor pointing his weapon at anyone.
The gun's safety was on and his finger was not on the trigger. Blood spatter on Carlson's clothing could show the position of his weapon when he was killed, Parsons contends, but state police discarded the clothes.
Cooke wants any mention of the missing clothes withheld from the jury.
"We didn't have custody or control of that evidence," Cooke said. "It has nothing to do with the actions of Deputy Jetter."
The county also wants to bar any mention of the following: a Freedom of Information Act lawsuit Parsons filed to obtain police reports; evidence that some officers who may appear as witnesses were engaged in illegal actions to cover-up Traverse City Police Officer Joseph Soffredine's drunk driving accident in 2010; and evidence of five hours of missing 911 recordings of radio traffic during the incident.
Cooke also wants to bar testimony by Parsons' expert about standards and procedures used by both the Michigan State Police Emergency Support Team and the National Tactical Officers Association.
"They don't want the Michigan State Police SWAT team to testify because they use scientific methods and are well-trained, not like these local guys," Parsons said.
The question for the jury is whether or not Jetter had a reasonable belief that Carlson was a danger to other officers at the scene, Cooke said. State guidelines are not relevant, would confuse a jury, and be prejudicial, he contends. To allow the case to "blow up" into allegations about other officers' behaviors would be "patently unfair" to Jetter.
"The county is not claiming my evidence is untrustworthy, but focuses on the potential the prejudicial effect the truth will have a on jury," Parsons said. "It may be prejudicial, but it's not unfair or untrue."
Copyright 2012 - The Record-Eagle, Traverse City, Mich.
