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Pittsburgh police warned against blue flu
Tries to head off reaction to case involving teen
Wednesday, March 10, 2010

A top police official has warned city officers not to take any action on the job in response to a magistrate's decision to drop criminal charges against a Homewood teen who says he was beaten during his arrest in January.

"I have heard some disturbing rumors that some officers are contemplating a work slow down or diminished patrols in response to the recent events revolving around Jordan Miles," Deputy Chief Paul Donaldson wrote in a department-wide e-mail this weekend.

Mr. Miles, 18, has said that Officers Michael Saldutte, Richard Ewing and David Sisak attacked him without cause as he walked on Tioga Street between his mother's and grandmother's homes.

"Any such actions are forbidden and would be detrimental to the involved officers and the entire Bureau," the e-mail said. "There is no correlation between the resolution of the criminal charges in this case and the professional behavior of these individuals. Not every police encounter ends with an arrest and not every arrest results in a conviction. Nor would we want it to."

The e-mail came amid reports that some officers threatened to stop doing proactive police work, such as what Officers Saldutte, Ewing and Sisak were doing Jan. 12, when they arrested Mr. Miles.

The trio were patrolling in what police call a "99 car," assigned to aggressively rid problem areas of drugs and guns. The officers have been suspended with pay since the city's Office of Municipal Investigations began probing Mr. Miles' allegations.

Asked to elaborate on his e-mail, Chief Donaldson responded with another e-mail to the Post-Gazette.

"Our officers' RUMORED reactions were in response to their perception that the criminal justice system failed them when the criminal charges were dismissed, NOT due to any internal investigation, which is still being conducted," Chief Donaldson wrote.

Magisterial District Judge Oscar Petite Jr. relied on the testimony of a witness over the police version of events in dismissing assault and resisting arrest charges last week against Mr. Miles. Officers have raised questions about why Judge Petite held the preliminary hearing on Thursday, which had been continued from Feb. 18.

Magisterial District Judge Jim Motznik was scheduled to hear the case in Municipal Court on Thursday. But because Judge Petite had already begun to hear initial arguments on Feb. 18, the judges switched sessions, Municipal Court administrator Angharad Stock said.

"He had started to hear arguments on the case and wanted to continue for judicial economy," which is "not uncommon," she said. Rather than being assigned to specific cases, she said, 12 magistrates rotate and are assigned to sessions in traffic, arraignment and criminal divisions of city court. Judge Petite was randomly given Mr. Miles' case, she said.

Judge Petite said at the hearing that the evidence presented left him with no other alternative but to dismiss the case against the senior at Pittsburgh's Creative and Performing Arts High School, who was charged with escape and loitering in addition to aggravated assault and resisting arrest.

Judge Petite could not be reached for comment Tuesday. District Attorney Stephen A. Zappala's office has not said whether it will refile charges against Mr. Miles.

"Decisions are made by magistrates, judges and juries that we do not agree with, but must accept," Chief Donaldson wrote to the officers. "This does not give us cause to personally attack those who are tasked with making those decisions. At times like these you should perform in such a way that if people say unflattering or negative things about us, that no one will believe them."

Chief Donaldson declined to comment on the nature of the rumors Tuesday, nor would he confirm that there have been rumors that officers have been urging each other not to volunteer to work extra duty during Saturday's St. Patrick's Day Parade, which draws thousands of revelers Downtown and can end in some arrests. City officials have said more than 135 extra officers will be on duty during and after the parade.

Mayor Luke Ravenstahl's office declined to comment on the e-mail. Fraternal Order of Police President Dan O'Hara did not return calls for comment.

"We are proud of who we are and what we do and actions such as this would tarnish our image," Chief Donaldson's e-mail concluded. "I am certain that these are merely rumors, but felt a need to address it."

Sadie Gurman: sgurman@post-gazette.com or 412-263-1878.
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First published on March 10, 2010 at 12:00 am