Racism played part in 1996 arrest, witnesses say

By David Rising, Standard-Times staff writer

NEW BEDFORD--Echoing past civil rights complaints against city police, witnesses testified yesterday that officers used racist language and excessive force when arresting a black woman two years ago.

Several defense witnesses testified in 3rd District Court that Officer Michael Jesus used racial slurs as he arrested Shawndre Grace for disturbing the peace on May 11, 1996.
"He had her arms behind her, pushed her down, pulled her back up by the back of her hair, that's when he called her a black (expletive)," testified Kelly Grace, the defendant's sister.
Supporting her testimony were Ms. Grace's colleague, Sandra Machnick, Ms. Machnick's former husband Stephen and Brian Anacleto, who is now Ms. Grace's husband, all of whom witnessed the incident.
 
The testimony came in the second day of the trial of Ms. Grace and Mr. Anacleto, who were both charged with disturbing the peace and resisting arrest in connection with the incident. Ms. Grace faces a further charge of assault and battery on a police officer.
Mr. Machnick was also charged with disturbing the peace that night, but was not on trial yesterday. Mr. Machnick and Mr. Anacleto are white.  Officers had testified Tuesday that it was not the police, but Ms. Grace who had yelled the racial epithets.
 
Police also testified that she asked, "Are you going to kill me like you did Morris Pina?" referring to the black man who died while in a police cell in 1990.
The Pina case -- one of four civil rights suits against the police in the last five years--was settled in 1996, with $550,000 going to the man's sister.   Ms. Grace's group had been at the Veterans of Foreign Wars hall for an event hosted by her employer, the Fairhaven-based Nemasket Group, which works with adults with developmentally disabilities.
 
As the function was winding down, Ms. Grace, her sister, Kelly, Mr. Anacleto, Mr. Machnick and his then-wife Sandra went to another section of the hall to have drinks.
While Shawndre and Kelly Grace were at the bar, witnesses testified that a patron said, "We don't serve your kind here."   Mr. Anacleto then walked over to the bar and asked what was going on.
A bouncer told all three to "get the hell out" and the bartender called police, witnesses testified.
When police arrived, the group, including Mr. and Mrs. Machnick, went outside, where Ms. Grace, Mr. Anacleto and Mr. Machnick were all arrested.

The case against Ms. Grace and Mr. Anacleto was originally dismissed in May 1997 by District Court Judge John A. Markey for lack of prosecution.  However, the case was dismissed without prejudice, allowing police to reinstate the charges, which they did, resulting in this week's trial.
Ms. Grace's original lawyer, Lorraine Rousseau, testified yesterday that she was approached by Assistant District Attorney Matthew Burke, Jr. to try to work out a deal to prevent it from coming to trial.

"Mr. Burke indicated it was out of his hands whether the charges were filed (again) ... and if Ms. Grace would consider signing a waiver of the civil suit, the police might reconsider the charges," Ms. Rousseau testified.  Mr. Burke, who is prosecuting the current case, would not comment while the trial is ongoing.  No civil suit has been filed by Ms. Grace or anyone else in connection with the incident. 

Officer Jesus testified that he had "absolutely not" talked with Ms. Rousseau regarding pressing charges after the initial dismissal, but she testified to the contrary.  Officer Jesus "indicated that he wanted to inform me that the charges had not been re-filed, but that they could be in an instant on his computer at the station," Ms. Rousseau testified.   "I asked him if the reason he was considering re-filing was because of the civil suit in question and he indicated yes. He indicated that he really didn't want to re-file the charges, but that he was worried ... he indicated to me that he had to protect himself because he had a family, had a home and could not afford to be sued by Ms. Grace."
The alleged racial epithets yelled by Ms. Grace were attributed to her in a supplemental police report written by Officer Jesus.

But Donald Brisson, Shawndre Grace's and Mr. Anacleto's current attorney, said he had never received a copy of that report and Ms. Rousseau testified that she had never received the report originally.  Judge Robert Kane ruled yesterday that the omission of evidence was not sufficient to declare a mistrial, but did give Mr. Brisson the option of either another full cross-examination of Officer Jesus or having Officer Jesus and another officer's testimony stricken entirely from the record.

"The testimony was so inflammatory, I cannot believe that (the jury) could disregard it," said attorney Brisson, asking for the cross-examination option.  On that cross-examination, Mr. Brisson asked Officer Jesus exactly when the supplemental report was written and the officer testified that it was done the day of the arrest.  Officer Jesus testified that the supplemental report had not shown up on either the May 11 or May 17 police reports given to Mr. Brisson because of a Police Department computer glitch.  He said the case's primary officer, Antonio Mendes, was working on the report on one computer in the North End Station while he was working on the supplemental report on another computer. Because a line on Page 2 was not checked off "Y," indicating that there was a supplemental report, it never printed with Officer Mendes' report, Officer Jesus testified.
"It still happens today; it happens all the time," Officer Jesus told the jury of five men and one woman.

But Mr. Brisson read back some of Officer Jesus testimony from Tuesday that contradicted yesterday's statement. "You testified (Tuesday) 'I wasn't in the station when Officer Mendes filed his report," Mr. Brisson read from the transcript.  Officer Jesus also testified that he first became aware that a civil suit might be filed against him after hearing of a July 17, 1996, article in The Standard-Times on the incident. He said he did not seek the advice of an attorney.
After Mr. Brisson showed him his testimony from Tuesday, however, Officer Jesus changed his mind.  "I was concerned with regards to there being a possible civil suit, so I saw a lawyer," he told the court.

With the inconsistencies in his testimony on the cross-examination, Judge Kane told the jury that they could choose to disregard any of Officer Jesus testimony given during the trial.
The case continues today at 9 a.m., with Ms. Grace taking the stand in her own defense.