First convection under the new police accountability law

According to the report by USA Today,  Francine Martinez is the first former Colorado officer to be convicted by a jury for failing to intervene when another officer choked a man and beat him with a gun during an arrest in 2021.

Martinez was fired after an internal investigation found she violated several department policies during the violent arrest of Black Army veteran Kyle Vinson. Vinson’s attorney, Siddhartha Rathod said the verdict in Martinez’s case should send a message to law enforcement “that the era of the blue code of silence is over.”

“And the message should not only be to law enforcement, but it should be to prosecutors across the state of Colorado that these types of claims are important, because this is how we get change in our system,” Rathod said.

Enhance Law Enforcement Integrity

The police accountability law passed in the wake of the 2020 murder of George Floyd. The law is about measures to enhance law enforcement integrity, and, in connection therewith, making an appropriation.

The law creates a new use of force standard by limiting the use of physical force and limiting the use of deadly force when force is authorized. The act prohibits a peace officer from using a chokehold.

The law requires a peace officer to intervene when another officer is using unlawful physical force and requires the intervening officer to file a report regarding the incident. If a peace officer fails to intervene when required, the P.O.S.T. shall decertify the officer.

State Rep. Leslie Herod said the 2020 law she helped craft will lead to a culture shift across the state’s law enforcement agencies.

“I believe that provisions around duty to intervene and duty to report with criminal consequences — which is important, there must be criminal consequences — will really start to weed out and show the face of law enforcement officers that are doing harm in our communities,” she said.

Seek justice against excessive physical force used by police

A police officer who uses excessive physical force is guilty of a criminal offense and other officers who fail to intervene in such offenses are also guilty. If you are a victim of excessive physical force used by police, it is your right to seek justice and compensation for the wrong done to you. Seek legal advice and help from an experienced Criminal Defense Attorney like Joel Silberman to get the justice you deserve.

Discuss your case with attorney Joel Silberman

For years, attorney Joel Silberman served as an assistant prosecutor with the Hudson County prosecutor’s office. During this time, Attorney Joel litigated hundreds of cases and appeared before the Superior Court of New Jersey, Appellate Division, on multiple occasions.

If you have been the victim of excessive physical force by a police officer, the Law Offices of Joel Silberman, LLC, can help you prove your innocence. You need to act fast. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.

Ref:

1. https://www.usatoday.com/story/news/nation/2023/04/30/colorado-officer-convicted-not-intervening-during-violent-arrest/11751769002/
2. https://www.yahoo.com/news/former-colorado-officer-first-convicted-120009006.html
3. https://leg.colorado.gov/bills/sb20-217#:~:text=The%20act%20requires%20a%20peace,shall%20decertify%20the%20officer.
4. https://leg.colorado.gov/sites/default/files/2020a_217_signed.pdf