Civil Suit Alleges Use Of Force by HUPD Cop

This much is certain: Harvard police officer Robert Kotowski and private citizen Joseph Angier have met before, and it wasn't cordial.

According to a civil lawsuit filed last year in Middlesex County Superior Court, Kotowski beat Angier with a billy club while arresting him in Somerville on April 17, 1991.

Beyond that basic allegations, details of the events that transpired that night are sketchy, and neither of the principals appears to be willing to talk before the case is presented in front of a Middlesex County jury in early March.

Kotowski would not comment on the suit. But University Attorney Allan A. Ryan Jr. says Harvard investigated Angier's complaint and found it groundless.

"In this case the evidence is clear that Officer Kotowski beat nobody and acted professionally," Ryan says.

The case presents a delicate problem for Kotowski, who is president of the Harvard police officers' union. Even as Harvard pays to defend him in court from charges of police brutality, he is likely to be locked in bitter negotiations for a new police contract.

But the case poses a more serious problem for the Harvard Police Department, which is still reeling from last year's charges of racial harassment by its officers, sexist behavior by its chief, influence peddling by its top lieutenant and abuse of authority by the head of its criminal investigations division.

Angier's civil complaint, which seeks an unspecified amount of damages, charges Kotowski with assault, negligence, false imprisonment and false arrest.

Sources say Kotowski and his attorney intend to justify the officer's conduct on the grounds that Angier is a dangerous criminal and was guilty of negligence.

A Billy Club

On April 17, 1991, Kotowski, while on duty for the Harvard police, responded to a call for assistance from the Cambridge police. Cambridge officers were pursuing two suspects who fled Harvard Square after an unarmed robbery there.

Shortly after answering the call Kotowski caught and arrested Angier, who has a previous criminal record, on Nevada Ave. in Somerville.

The plaintiff charges that after taking the plantiff into custody Kotowski threw Angier against the patrol car and beat him with a billy club.

Police sources say Kotowski has maintained that Angier resisted arrest and that force was necessary to subdue him.

The only witness to the alleged beating, Scott A. Evans, is in a Florida jail, according to court documents, and efforts made by The Crimson to contact him were unsuccessful.

After the alleged beating, Kotowski brought Angier to the victim of the unarmed robbery in the Square, according to the complaint. But the robbery victim said Angier was not the assailant.

And several police officers who had been called to the scene were also unable to identify Angier, alleges Angier's attorney, Sanford A. Kowal.

But Angier was not released. Instead, Kotowski alleged that the suspect hadbeaten him, and Angier was charged with assaultand battery on a police officer. He spent fivedays in a Middlesex jail, according to Kowal.

Seven months later, Kotowski, according to thecomplaint and police sources, charged Angier withthe theft of a motor vehicle.

But both of Kotowski's charges--the motorvehicle theft and the assault and batteryallegations--were never prosecuted. Middlesexcourt dismissed both on April 2, 1992.

The plaintiff's complaint charges that Angier'sleft knee was injured in the beating and requiredan operation and hospitalization.

The injury to his left knee, the complaintalleges, has caused "Permanent impairment."

Boston University Professor of PoliticalScience Howard Zinn, a national expert on policebrutality, says the Kotowski case fits the profileof law enforcement beating cases he has studied.

Specifically, Zinn says that Kotowski'sapparent efforts to arrest and press chargesagainst Angier after the alleged beating aresimilar to the actions of many police officersfound guilty of misconduct.

"There is a general procedure that whenpolicemen...have assaulted anyone, theyimmediately accuse [them]," Zinn says.

Zinn calls cases like Kotowski's "verytypical."

"Police brutality is such a common factor ofour society it's never surprising when ithappens," Zinn says. "I am never surprised when Ihear that police have ruffed somebody up or havebeen brutal to somebody...it happens much moreoften then we hear about."

Middlesex Country public defenders have longgrumbled about the treatment of Cambridgecitizens, particularly Black residents, by theHarvard police.

Cambridge attorney and public defender MarkW.Shea says he was recently involved in a case inwhich the Harvard police arrested two Black,college-age men for leaning over the bike racks onQuincy St.

The police department's actions were determinedto be unjustifed and the charges were dropped.

"I found that to be pretty bad conduct on thepart of the police because once you broke it downit seemed that the only indication of thecriminality was the blackness of the individuals,"Shea says.

Since former Boston police area commander PaulE. Johnson became Harvard's chief of police in1983, students--particularly minoritystudents--have accused the Harvard police ofharassment and mistreatment.

There is no record of violent abuse ofstudents, but Black students have gone public withharassment complaints virtually every year sincethen. In 1985, public criticism became so heavythat Johnson was forced to set up a committee toreview Harvard's cops, which was later disbanded.

Beyond the record of harassment complaints, theKotowski case also raises questions about thejurisdiction arrangement that allows Harvardpolice to make arrests in Middlesex County.

Harvard police officers are deputized sheriffsof the county and have the legal authority to makearrests anywhere in Middlesex. But the prosecutionis likely to question whether Harvard's privatepolice force should have such far-reachingjurisdiction.

"Will someone explain to me why Harvard chargedhim with assault and battery?" Kowal asks. "Nofact ever connected [Angier] with Harvard so theywere 'helping out' but they were doing someoneelse's job really."

In contrast, the Cambridge police force doesnot have such broad powers of arrest, according toLt. Det. Frank Pasquarello.; They are notMiddlesex County sheriffs and can only makearrests outside the city limits if the allegedcrime is a felony.

Kowal says Boston College police are notdeputized specifically because college officialsthere fear officers could become involved insituations like Kotowski's.

Police at Boston University, Northeastern andthe Massachusetts Institute of Techonology,however, are all deputized sheriffs in theircounty.

Pasquarello says he has not seen any problemwith Harvard making arrests around the county inthe past.

"When Harvard makes an arrest, they are incharge of it," Pasquarello says.

In its defense, Harvard will likely presentevidence at trial attesting to a good relationshipwith neighboring police departments.

Police brutality trials often turn onthe credibility of the person who was beaten.Witness the Rodney King beating case in LosAngeles.

But the twist in the Kotowski case is that theHarvard officer's credibility is likely to becomethe central issue.

Two months before trial, Kowal has unveiled anew charge--that Kotowski has a history ofexcessive violence.

Specifically, the attorney alleges thatKotowski was involved in an assault and baterycase several years ago.

Last week, asked repeatedly about the validityof the alleged assault charge, Kotowski refused tocomment.

Kowal also says that Kotowski was not able toget a job in a municipal police force because ofhis alleged criminal record.

In an interview Monday, Ryan did not deny thatKotowski has a record of assault.

Kowal says he believes his case is strong. Andby emphasizing Kotowski's past so strongly, theoutcome of the case may be decided by whetherKowal can prove his charge.

"These kinds of things happen in departmentsand [Kotowski] has a record of having been chargedwith a violent crime before coming to thedepartment," Kowal says.

And Zinn says that this is unlikely to be thelast time a complaint about police brutality isfiled and that even Harvard's private force is notimmune.

"It is part of the law-and-order culture," Zinnsays, "and the more jails we have, which we aregoing to have with the Clinton jail buildingprogram, the more brutality we are going to have."CrimsonHaibin B. JiuROBERT KOTOWSKI

Seven months later, Kotowski, according to thecomplaint and police sources, charged Angier withthe theft of a motor vehicle.

But both of Kotowski's charges--the motorvehicle theft and the assault and batteryallegations--were never prosecuted. Middlesexcourt dismissed both on April 2, 1992.

The plaintiff's complaint charges that Angier'sleft knee was injured in the beating and requiredan operation and hospitalization.

The injury to his left knee, the complaintalleges, has caused "Permanent impairment."

Boston University Professor of PoliticalScience Howard Zinn, a national expert on policebrutality, says the Kotowski case fits the profileof law enforcement beating cases he has studied.

Specifically, Zinn says that Kotowski'sapparent efforts to arrest and press chargesagainst Angier after the alleged beating aresimilar to the actions of many police officersfound guilty of misconduct.

"There is a general procedure that whenpolicemen...have assaulted anyone, theyimmediately accuse [them]," Zinn says.

Zinn calls cases like Kotowski's "verytypical."

"Police brutality is such a common factor ofour society it's never surprising when ithappens," Zinn says. "I am never surprised when Ihear that police have ruffed somebody up or havebeen brutal to somebody...it happens much moreoften then we hear about."

Middlesex Country public defenders have longgrumbled about the treatment of Cambridgecitizens, particularly Black residents, by theHarvard police.

Cambridge attorney and public defender MarkW.Shea says he was recently involved in a case inwhich the Harvard police arrested two Black,college-age men for leaning over the bike racks onQuincy St.

The police department's actions were determinedto be unjustifed and the charges were dropped.

"I found that to be pretty bad conduct on thepart of the police because once you broke it downit seemed that the only indication of thecriminality was the blackness of the individuals,"Shea says.

Since former Boston police area commander PaulE. Johnson became Harvard's chief of police in1983, students--particularly minoritystudents--have accused the Harvard police ofharassment and mistreatment.

There is no record of violent abuse ofstudents, but Black students have gone public withharassment complaints virtually every year sincethen. In 1985, public criticism became so heavythat Johnson was forced to set up a committee toreview Harvard's cops, which was later disbanded.

Beyond the record of harassment complaints, theKotowski case also raises questions about thejurisdiction arrangement that allows Harvardpolice to make arrests in Middlesex County.

Harvard police officers are deputized sheriffsof the county and have the legal authority to makearrests anywhere in Middlesex. But the prosecutionis likely to question whether Harvard's privatepolice force should have such far-reachingjurisdiction.

"Will someone explain to me why Harvard chargedhim with assault and battery?" Kowal asks. "Nofact ever connected [Angier] with Harvard so theywere 'helping out' but they were doing someoneelse's job really."

In contrast, the Cambridge police force doesnot have such broad powers of arrest, according toLt. Det. Frank Pasquarello.; They are notMiddlesex County sheriffs and can only makearrests outside the city limits if the allegedcrime is a felony.

Kowal says Boston College police are notdeputized specifically because college officialsthere fear officers could become involved insituations like Kotowski's.

Police at Boston University, Northeastern andthe Massachusetts Institute of Techonology,however, are all deputized sheriffs in theircounty.

Pasquarello says he has not seen any problemwith Harvard making arrests around the county inthe past.

"When Harvard makes an arrest, they are incharge of it," Pasquarello says.

In its defense, Harvard will likely presentevidence at trial attesting to a good relationshipwith neighboring police departments.

Police brutality trials often turn onthe credibility of the person who was beaten.Witness the Rodney King beating case in LosAngeles.

But the twist in the Kotowski case is that theHarvard officer's credibility is likely to becomethe central issue.

Two months before trial, Kowal has unveiled anew charge--that Kotowski has a history ofexcessive violence.

Specifically, the attorney alleges thatKotowski was involved in an assault and baterycase several years ago.

Last week, asked repeatedly about the validityof the alleged assault charge, Kotowski refused tocomment.

Kowal also says that Kotowski was not able toget a job in a municipal police force because ofhis alleged criminal record.

In an interview Monday, Ryan did not deny thatKotowski has a record of assault.

Kowal says he believes his case is strong. Andby emphasizing Kotowski's past so strongly, theoutcome of the case may be decided by whetherKowal can prove his charge.

"These kinds of things happen in departmentsand [Kotowski] has a record of having been chargedwith a violent crime before coming to thedepartment," Kowal says.

And Zinn says that this is unlikely to be thelast time a complaint about police brutality isfiled and that even Harvard's private force is notimmune.

"It is part of the law-and-order culture," Zinnsays, "and the more jails we have, which we aregoing to have with the Clinton jail buildingprogram, the more brutality we are going to have."CrimsonHaibin B. JiuROBERT KOTOWSKI