Michael Hogan v. City of Easton, Pennsylvania, et al.

Jury clears Easton police

It finds six officers did not use excessive force in the 2002 shooting and wounding of Michael Hogan.

By Tracy Jordan Of The Morning Call

PHILADELPHIA -- "The six current and former Easton police officers sued in the shooting and wounding of Michael Hogan during an armed standoff froze when the jurors entered the courtroom Friday with their verdict.

As the forewoman read each officer's name, followed by the decision that none had used excessive force, waves of relief followed. The officers patted each other on the back, shook hands, hugged, cried, sighed and smiled.

t was the first major legal victory for Easton police in years. Since 2001, the city and its insurance company have paid out more than $5 million to resolve a half-dozen lawsuits alleging police violated people's civil rights.

''We needed this,'' Police Chief Larry Palmer said after the eight jurors left the courtroom. ''This is like a rocket booster. We needed this for the morale of the men and for the morale of the citizens.''

Palmer pulled out a crumpled red handkerchief and wiped tears from his cheeks as U.S. District Judge Timothy R. Rice thanked the jurors for their service.

In Easton, police supporters greeted the verdict as vindication of a police force that has long been harshly criticized for unprofessionalism and brutality. Mayor Phil Mitman said he literally jumped in the air with a whoop of ''Fantastic!'' when he heard the news.

In the courtroom, Hogan simply kept tapping his right foot on the floor. There was no other movement from the table where he had sat between his attorneys for the entire two-week trial. Hogan's wife, Ann, who also was a plaintiff in the federal lawsuit, sat right behind him.

Hogan's lead attorney, Jordan B. Yeager of Doylestown, said he will appeal. ''Obviously, I recognize that whenever you're suing the police, that you have an uphill fight,'' he said. ''We were optimistic the jury would look beyond the badge.''

Five years ago, officers shot Hogan when he came up from the basement of his South Side home carrying a rifle. In the suit, Hogan claimed he was surrendering, but police said they fired when he pointed the rifle in their direction.

Yeager said Hogan thanked the jurors in the courtroom after the police officers left. A female juror hugged Hogan, which Yeager said indicated the jurors did not believe Hogan posed a threat to the officers during the standoff.

Hogan fired a gunshot into the basement wall and made other threats during the 90 minutes he was in his basement. When he got to the top of the steps, his rifle was unloaded. He never fired a shot toward the officers who fired at him.

One officer, retired Lt. Michael Orchulli, was grazed by a ricocheting bullet and has a lawsuit pending against Hogan in Northampton County Court.

Hogan was shot in the stomach and both hands, and his right ring finger was amputated.

Orchulli and the four other officers who fired shots -- Lt. Scott Casterline, Patrolman Dominick Marraccini, Lt. John Remaley and Sgt. David Beitler -- said they had never shot at anyone before they encountered Hogan on Feb. 25, 2002.

Retired Capt. John Mazzeo also was a defendant. He did not shoot at Hogan but was the officer in charge.

Hogan was drunk, defiant and threatening. He also had a history of anxiety and panic attacks, which Yeager said added to Hogan's agitation when police entered his home in response to his wife's 911 call. She told police her husband was ''freaking out'' and arming himself.

Police officers, who were posted at the front and rear of the house, testified they did not fire until Hogan pointed the gun in their direction.

Yeager argued that was physically impossible, given that a local TV news crew recorded only 11/2 seconds of gunfire.

The tape was of prime interest to the jury. After they got a copy about 11 a.m. Friday, they reached a verdict in less than two hours.

''It just reaffirms my faith in my men and my department,'' Mazzeo said. ''This whole trial has been more stressful than the actual event. This has been unimaginable for them.''"