Statement from Warren Anthony attorneys

8/10/2019 Statement from Warren Anthony attorneys

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Over the past 48 hours, my co-counsel and I have been harassed, called

names, and threatened by countless people via telephone calls, emails, and

internet messages because of the settlement agreement that was disclosed

this week. We have been called criminals, thugs, crooks, thieves, liars, cheats,

and many other names. The statements made by opposing counsel to themedia have been incomplete and at times inaccurate. Allow me to share the

other side of this story:

In 2008, our client, Anthony Warren, was involved in a high speed chase in

which he committed various illegal acts. One person, a Hoover police officer,

was injured in that chase. Those facts were never disputed by any party

throughout the course of the case or at trial. At the end of the chase, Mr.

Warren was involved in a vehicle rollover in which he was ejected from his

vehicle. At that point, while Mr. Warren lay face down, motionless in the ditch

where he landed, 5 Birmingham police officers descended on him and began

beating, punching, kicking, and otherwise striking him. Each and every officer

admitted on the witness stand at trial that Mr. Warren never actively resisted

arrest after being ejected from the vehicle. Officers testified at trial that he

appeared unconscious. They testified that the only movement he made while

being beaten was his involuntary reaction to being beaten. Despite his lack of

resistance, the officers chose to beat Mr. Warren instead of placing him in

handcuffs or securing the scene. There was testimony at trial that the forceused was so clearly excessive that the video footage of this incident was used

by the Jefferson County Sheriffs Department during training of deputies to

show what not to do in an arrest. Testimony and evidence at trial showed that

several minutes after the chase had ended, after Mr. Warren was handcuffed

and still lying face down in the ditch, one of the officers came back and

stepped on his neck, repeatedly kicked him in the head, and wiped his size 14

boot on his shirt.

For a host of reasons, cases involving the violations of constitutional rights are

inherently very difficult both legally and practically. There are very difficult

burdens of proof, and the officers have several layers of immunity that must

be overcome in order to prevail at trial. In addition, many times you are

representing someone who is guilty of a crime. There are natural biases that

jurors have against awarding money to a person convicted of a crime. That is


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especially true when the person is currently incarcerated for the actions that

led to the events complained of. These cases, however, cannot and should not

be viewed in a vacuum. We hold our freedoms in this country dear and love

to talk about how we are the land of the free. We love to say things like

innocent until proven guilty, right to a trial by jury, and we are a nation oflaws, but if phrases like that are to carry any meaning and be more than mere

words, our rights must be protected vigorously. As a country, we have

recognized the inherent difficulties of these cases, but also the importance of

having people willing to take them on anyway. As a result, the laws are set up

so that, if a constitutional violation is found to exist, the full attorney fees and

expenses incurred in holding the Defendants accountable are due to be paid

by the Defendants.

Over five and a half years, thousands of hours, and a whole lot of resources

were expended in preparing and prosecuting this case. Had a verdict been

entered, significantly more would have been owed in attorney fees. The fact

of the matter is, the City of Birmingham had the opportunity to pay much less

than the final settlement amount years ago, but chose not to on the advice of

its counsel, who were paid more than twice the settlement amount over the

course of the case. Regardless, after a full week of trial, it was clear to all

parties involved that a verdict would be entered in favor of the Plaintiff, and if

a Defense verdict was entered it would have been so against the weight of theevidence, including the Defendants own testimony, that it likely would have

been set aside as a matter of law. That would have meant full attorney fees

and expenses owed, not to mention years more of appeals and

uncertainty. As a result, the parties agreed to engage in settlement

negotiations, and a settlement was ultimately reached. Mr. Warren and his

family were kept informed throughout the process and gave full consent to

the settlement terms, many of which are not able to be disseminated. The

terms were further explained to Mr. Warren and each of the Defendants on

the record by the Judge, and the agreement was finalized to the satisfaction of

all parties. Not only were they in agreement then, but we have since spoken

with the family of our client and they continue to be in agreement in spite of

the media attention.


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We represented Anthony Warren, absolutely. Just as important, though, we

were extremely proud to represent the Constitutional rights of every person in

this great country. We did this knowing that there was a very good chance

that none of us would ever be compensated a dime for any of the hard work

we put into the case because freedom and liberty are not just words to us, butthey are instead actual rights that we are willing to fight for. Because we did

so successfully, we are being demonized instead of thanked. That is

fine. Attorneys have long been the butt of jokes, and I would expect nothing

less from those with little knowledge of the actual terms and

circumstances. Regardless, Mr. Warren and his family know the terms of the

agreement, and they were very pleased with the outcome. We are all

extremely proud to have represented Anthony Warren and the U.S.

Constitution in this case.

++ Jackie Robinsons term ends in April 2015. ++

Attorneys for man in Birmingham police beating case claim

receiving physical threats since settlement, give more details on case

BIRMINGHAM, Alabama -- Lawyers representing a man in a recently

settled police beating case against Birmingham police officers, thisevening said they have unfairly been vilified and even threatened with

physical harm.


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Lawyers Wendy Crew, Cameron L. Hogan and Alyson Hood-Rains

represented Anthony Warren in the civil case against police officers,

which was settled for $460,000.

According to the city of Birmingham, Warren will receive $1,000 from thesettlement, while his attorneys will receive $359,000 in fees and

$100,000 in expenses. Warrens attorneys declinedto elaborate on the

settlement.

Details of the settlement, first reported by AL.com Tuesday, have

received national attention. That attention has also brought trouble for

Warrens attorneys, they said in a written statement to AL.com.

Over the past 48 hours, my co-counsel and I have been harassed, called

names and threatened by countless people via telephone calls, emails,

and internet messages because of the settlement agreement that was

disclosed this week, the lawyers said. We have been called criminals,

thugs, crooks, thieves, liars, cheats, and many other names. The

statements made by opposing counsel to the media have been

incomplete and at times inaccurate.Nevertheless, Warrens attorneys stand by the settlement, sayingthat

Warren agreed with the outcome.

The lawyers said their written statement would be their only comment

about the settlement.

The terms were further explained to Mr. Warren and each of the

defendants on the record by the judge, and the agreement was finalizedto the satisfaction of all parties, lawyers wrote. Not only were they in

agreement then, but we have since spoken with the family of our client

and they continue to be in agreement in spite of the media attention.


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In his lawsuit, Warren claimed the officers used excessive force whenthey hit and kicked him at the end of a high speed chase in 2008. Avideo of the chase and its aftermath was widely publicized and garnerednational attention.

The 20 to 25-minute car chase began when Warren attempted to fleefrom a narcotics officer. He then hit a school bus, a patrol car, and strucka Hoover police officer who attempted to lay tire puncture strips acrossU.S. 31.

Warren was finally arrested when his vehicle flipped over andapprehended by police. He is currently in prison serving a 20-yearsentence.

Crew and her associates said there are more facts to the case that should

be considered by the public. While the citys attorney, Michael Choy,

said the officers followed procedure in their physical contact, Warrens

lawyers tell a different story.

There was testimony at trial that the force used was so clearly excessive

that the video footage of this incident was used by the Jefferson County

Sheriffs Department during training of deputies to show what not to do

in an arrest,Warrens lawyers said.

They went on to cite court testimony that the one officer returned to the

ditch and stepped on Warrens neck and wiped his boot on his shirt.

While Warren committed crimes, his attorneys said that did not dismiss

his constitutional rights, violations of which were the basis of the civil

suit.

As a country, we have recognized the inherent difficulties of these

cases, but also the importance of having people willing to take them on

anyway, they said.


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While Warrens lawyers disagree with the city over several significant

facts in the civil case, they agree with the city that settling the more than

five-year-old case was cheaper than pursing it.

Warrens lawyers said they took thecase to pursue his Constitutionalrights, without any guarantee of payment.

Because we did so successfully, we are being demonized instead of

thanked, they wrote. Regardless, Mr. Warren and his family know the

terms of the agreement, and they were very pleased with the

outcome. We are all extremely proud to have represented Anthony

Warren and the U.S. Constitution in this case.

Statement from Warren Anthony attorneys

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