Thursday, December 07, 2006

Judge orders court for Pamela Lawton

By: Paradise Gray


Police Officer Eric Tatusko

Photo: Paradise Gray

- Pamela Lawton stood before Municipal Court Magistrate Charles McLaughlin Jr. accompanied by the diverse group of supporters that have been with her from the beginning including: The One HOOD Coalition, B-Pep, The Blackwatch Movement, Disciples of the Village, The League of Young Voters, The Millions More Movement and The Thomas Merton Center. Ms. Lawton bravely retold the emotional story of the events that took place on August 26th 2006 when a routine traffic stop turned into a terrifing crisis as Ms Lawton testified under oath that Officer Eric Tatusko lost control of himself and pointed his weapon at the head of her 7 year old daughter Joshalyn and threatened to "Blow her brains out" if she didn't stop moving around and making noise.

The first thing that I noticed is that there were many more Officers in the courtroom that morning than usual (they certainly got the memo), and they were real agressive, telling people to take their hats off and be "Quite" in the court. Politeness was out of the question as they barked loud orders at people like they were talking to children rather than adults. Officer Eric Tatusko and Lt. Cindy Windsor showed up with at least 5 other officers. The DA only allowed testimony from Officer Eric Tatusko and Lt. Cindy Winsor who in spite of having since August to prepare, didn't seem to have their story straight.

It was great to finally hear Officer Eric Tatusko and Lt Cindy Windsor's side of the story and in my opinion Pamela Lawton came across as a much more credible person than both Eric Tatusko and Lt. Windsor. Who's credibility is already in question after telling Debbie Todd (The New Pittsburgh Courier Writer who broke this story) that she wasn't even on duty the day August 26th when Ms. Todd first started investigating Ms. Lawton's story. A clear lie as Lt.Cindy Windsor's name was all over the original paperwork. Officer Tatusko said that he noticed that Ms. Lawton's stickers were bad as he drove past her as her vehicle was stopped at a red light, he turned around and followed her in traffic for a few blocks without alerting her by turning on his lights or sirens. He said that he thought that she was speeding but he had no instrument to determine her exact speed and that he had a hunch that she was trying to flee. After a few blocks he was able to catch up with her after Ms. Lawton stopped behind a moving van that was blocking traffic. He then said that he turned on his lights and pulled Ms. Lawton over after approximately 50 feet. He said that he got out of his car and could immediately hear Pamela Lawton screaming at him to "Get Over Here" pointing at the street next to her out of her window, he then called in and reported that he had made a traffic stop and made a request for backup. He said that she continued to scream at him and ignored all of his commands to give him her license and registration and kept demanding that he come over to the drivers side window. He said that she identified herself to him as a police officer so he suspected that there was a weapon in her purse and he then unholstered his gun and pointed it at the ground and made a second call requesting for backup. Officer Tatusko said that when backup arrived at least 3 or 4 officers (including him) had their weapon unholstered.

Lt. Cindy Windsor said that she did not notice that any officers had they're weapons out when she arrived, and that she was attempting to calm Ms. Lawton down and asked her to sit down on the back of the moving truck. She admitted that she threatened to send Ms. Lawtons children to CYF if Ms. Lawton didn't calm down. Mr. Williams asked her what made her think that threatening to take away a mothers children would calm her down? Ms. Lawton answered that Lt. Windsor didn't ask her to sit down on the back of the moving van, Lt Windsor grabbed her by the arm and threw her down against the back of the van.

If I were Nate Harper (the new Pittsburgh Police Chief) or the Pittsburgh DA , I would do everything within my power to drop the charges against Pamela Lawton and charge Officer Eric Tatusko for his crime immediately! Ms. Lawton's Attorney Joe Williams did a great job of exposing doubt in Officer Eric Tatusko and Lt. Cindy Windsor's stories. They tentatively answered his questions and paused at great lengths before answering many times. Eric Tatusko stumbled often by answering questions that the DA objected to before the Judge could even respond to the objection.

Joe Williams also did a great job of breaking down the "Disorderly Conduct" charge, he argued that Pamela Lawton did not break the law as defined by Pennsylvania Consolidated Statutes CRIMES AND OFFENSES (TITLE 18) CHAPTER 55.

* § 5503. Disorderly conduct.

a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

1. engages in fighting or threatening, or in violent or tumultuous behavior;
2. makes unreasonable noise;
3. uses obscene language, or makes an obscene gesture; or
4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

The DA charged Pamela Lawton with additional charges of § 1376 (another traffic/vehicle related charge) and offered Attorney Williams the opportunity to delay to prepare. Ms. Lawton suggested to Mr. Williams that she wanted no further delays and wanted to continue on with the proceedings.

Mr. Williams argued that the charges should be dropped as Pamela Lawton had no "intent to cause public inconvenience, annoyance or alarm, nor recklessly created a risk thereof". Her actions were consistant with one of the most primal instincts of a Mother, and "served the legitimate purpose" of defending her children who were put at risk due to the actions of Officer Eric Tatusko who was pointing his weapon at her 7 year old daughter threatening to "Blow her brains out".

** "What is appropriate behavior for a mother with a gun drawn on her child? Is it a contrived response without a legitimate purpose," questioned Williams. "No, it isn't because there was no intent to cause inconvenience, no fighting or threatening or violent behavior. There was no unreasonable noise. There is no basis for a disorderly conduct." - Joe Williams

In response to Officer Tatusko's testimony that he felt that Ms. Lawton was attempting to flee, Mr. Williams questioned Officer Tatusko that if he had not alerted her with lights or sirens and was so far behind her in traffic how could he make that assumption?

Attorney Williams pointed out for the record that Officer Eric Tatusko was driven from the scene and not allowed to drive himself from the scene in the vehicle that he used to stop Pamela Lawton, suggesting that he had lost control of himself and had to be removed from the scene by the other officers. Mr. Williams also noted that Ms. Lawton lept into the arms of the first backup officer to arrive at the scene and felt that she was being saved from Officer Tatusko.

The DA refused to drop the disorderly conduct charges and reminded the Judge (Municipal Court Magistrate Charles McLaughlin Jr) that Officer Tatusko and LT. Windsor are an employee's of the Commonwealth and that means that the evidence presented "must be taken in a light favorable to the Commonwealth". Magistrate McLaughlin approved the DA's request to send the case to trial on Febuary 22nd, 2007.

This is another example of why the police are unable to investgate themselves, with just a few simple questions Mr. Williams was able to show inconsistancies in the officers stories. Mr. Harper the new chief of police is asking the community to cooperate with the police, however we never get the police to cooperate in cases of police brutality - Minister Jasiri X

*References: Pennsylvania Consolidated Statutes CRIMES AND OFFENSES (TITLE 18)

**Lawton hearing held over for trial By Debbie Todd

Additional Info:

The New Pittsburgh Courier
Original Story in The New Pittsburgh Courier

Lawton hearing held over for trial

D27023908755>Citizen Review Board Hears of Pittsburgh Police Misconduct

Pittsburgh Post Gazette:
Woman faces trial for confrontation with police

Woman faces charges after confrontation with police

Mother tells review board about traffic stop, officer pointing gun at child

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