Three Chicago Police Officers Acquitted in Bar Brawl

By DON BABWIN
Associated Press Writer
CHICAGO (AP) — A judge found three Chicago police officers not guilty Tuesday of attacking two brothers in a tavern brawl caught on surveillance video, good news for a department that has weathered a host of allegations of police misconduct and brutality in recent years.
Officers Paul Powers and Gregory Barnes and Sgt. Jeffery Planey had been charged with aggravated battery. Planey also was charged with official misconduct and obstruction of justice.
After initially showing no emotion when the verdict was read, the officers broke into relieved smiles. As they went to hug family members, they were patted on the back by many of at least 50 police officers who packed the courtroom and applauded when the judge left the bench.
Gainer told the court he reviewed the evidence against the three, including the DVD of the surveillance tape and audio recordings.
"And after doing all that, I have come to the conclusion that the state failed to meet its burden of proof on any of the charges," he said.
Gainer did not elaborate from the bench but in a 30-page ruling made it was clear he did not believe much of the alleged victims’ testimony, starting with their contention that the officers attacked them for no reason.
"This was not an ambush, an unprovoked attack by angry, drunken off-duty police officers," he wrote of the Dec. 15, 2006, incident at the Jefferson Tap & Grille. "The actions of the off-duty officers were in response to the fighting words" of one of the men with the brothers.
Nor did he find credible the testimony of one of the alleged victims, Barry Gilfand, who said he suffered serious injuries. The judge suggested Gilfand sought medical attention days later to strengthen the lawsuit he and the others subsequently filed.
Prosecutors left court without commenting but later issued a statement saying they were disappointed with the verdict.
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