Chad Holley, 18, right, is transported after being arrested as a suspect in a burglary. Legal experts say the new arrest of Holley, who was allegedly beaten by several Houston police officers during an incident caught on video, could pose problems for prosecutors who are still trying to get convictions in the case.
An 18-year-old who testified in the first trial of several former Houston police officers accused of beating him during a 2010 burglary arrest has been arrested again — on suspicion of burglary.
Less than two months after Chad Holley finished probation in connection with his 2010 arrest and conviction, he was arrested last Wednesday on suspicion of burglarizing a home.
Holley’s lawyer could not be reached for comment Monday.
A spokeswoman for Harris County Dist. Atty. Patricia Lykos declined to comment on how Holley’s new arrest might affect how prosecutors proceed, citing the pending trials.
Last month, a jury acquitted Andrew Blomberg, the first ex-Houston police officer to stand trial on a misdemeanor charge of official oppression in connection with Holley’s initial arrest.
Blomberg’s attorneys had argued that he was trying to secure a potentially armed suspect. Holley, who was 15 at the time of his arrest, testified that he hadn’t been resisting the officers. Black community leaders dismissed the verdict by an all-white jury as unjust and racist.
In video footage of the incident taken from a security camera, Holley could be seen falling to the ground, surrounded by at least five officers, some of whom appeared to be kicking and hitting his head, stomach and legs.
Four officers, including Blomberg, were later fired and indicted on misdemeanor charges in connection with the incident.
Holley, who appeared in court Friday in connection with his latest arrest, has been released on bond.
Attorney Benjamin Hall — who is representing Holley and his family in a federal lawsuit against Blomberg, the other fired officers and the city — told the Associated Press that the new arrest should not be part of the pending trials.
“I’m sure the judge will instruct [jurors] accordingly that the only conduct that is to be viewed is the criminal conduct these police officers did two years ago,” Hall said.
But attorneys for two of the fired officers yet to be tried told the AP they will try to get Holley’s new arrest records admitted into evidence.
“It helps in regard that we’ve been trying to portray him as a person that is not a law-abiding citizen, and he’s simply a dangerous person and continues to act in the same manner,” said Carson Joachim, an attorney for ex-officer Drew Ryser, told the AP.
Those trials have yet to be scheduled.
http://www.latimes.com/news/nation/nationnow/la-na-nn-texas-holley-20120618,0,6782522.story
