16 February, 2007

gay Latino accuses Fresno cops of sexual assault

A 30-something Fresno [CA] gay man has filed a lawsuit in federal court against Fresno police chief Jerry Dyer and four unidentified officers who allegedly handcuffed him, bent “him double” and then penetrated his anus with a foreign object—a thumb or finger.

According to the civil complaint, four Fresno police officers showed up at Cain Gonzalez’s home in a Southeast Fresno gated community on November 7, 2005 where they detained and handcuffed him. The officers claimed he had drugs in his possession.

Gonzalez’s attorney, Bruce Nickerson, says the accusation was false and no charges were ever filed against Gonzalez in the incident.

The complaint then alleges that one of the officers “perceived that” Gonzalez “was gay and said: ‘I know where you faggots keep your shit’.” That officer “then and there” shoved a finger into Gonzalez’s anus, searching for drugs. According to Nickerson, “the invasive act ruptured the lining of” Gonzalez’s “rectum causing him excruciating pain.”

When Gonzalez’ mother Soila attempted to come to his aid, Nickerson says the officers ordered her into her house.

Nickerson says Gonzalez then began bleeding “profusely” from his rectum. He said officers later took Gonzalez to a local hospital for treatment.

Nickerson says that the officers made comments to Gonzalez that leads Nickerson to believe Fresno police “have a policy and practice of assaulting gay Hispanic men.”
. . .

In the Gonzalez case, Nickerson says Gonzalez missed a court appearance on an unrelated drug charge in Madera because he was being held in the Fresno County Jail. When he failed to appear, a Madera judge issued a bench warrant for his arrest on November 15th.

When Gonzalez was released without any charges from the Fresno County Jail during the third week in November, he was then arrested on the Madera County warrant and transferred to the Madera county jail where he was initially placed in protective custody because of his sexual orientation.

Nickerson alleges in the lawsuit that four days after arriving at the Madera jail, Gonzalez was moved into the “open prison population and was immediately assaulted by gang members, who slashed his ear and broke his eardrum.” The lawsuit claims Gonzalez was placed in ‘general population’ in order to intimidate him so that he would not file a complaint against Fresno police. The suit names Madera County sheriff John Anderson and the County as defendants.

Gonzalez seeks unspecified damages, a judgment that the practices described in the suit violate the U.S. Constitution and an injunction stopping police from “targeting, harassing and/or arresting” Latinos “who are minding their own business.”

According to Nickerson, Fresno police refuse to identify the four officers who allegedly assaulted and arrested Gonzalez. He said that Fresno police will not release any reports. link

2 Comments:

Anonymous Anonymous said...

the police hold back my sexual assult exam and the police report has been changed and now my papper works been stolen and wold not give me the sexual assult kit there is note and record of it but the fresno police through the sexual assult kit away ,they brogend with a inmate that looking at lots of time that would of wittnessed to the bleeding when i would go to the rest room #2 ,but now she states it was a lie they had this matter before if you look at 1993 and set the othere man to prison for Fresno and all to the most inportant issue in Fresno the police should be the ones to protect and serve us not in violiting our rigths and useing the power of law to intercourse any one.Like a full grow man , let's let the puplic know whos to protect us ???/

3:36 PM  
Anonymous Anonymous said...

For the commants of the remarks of stating rummors must be pd be Anonmmous speak the trurt and give the police report of the matter because if you have the time to post a commant on me protecting yourself ,rememmber as you would say to any one wheres the report so it shows to the people how the fresno police or rong in the actions and taking me to jail 24 day wit no reason no charges and sealing the examanation no one can see a examantion only with my consent ,,we have civil rigths ? and if you look at me crimnal record i have nothing of still of any kind ?

3:46 PM  

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