Over the past 48 hours, my co-counsel and I have been harassed, called

names, and threatened by countless people via telephone calls, emails, and
internet messages because of the settlement agreement that was disclosed
this week. We have been called criminals, thugs, crooks, thieves, liars, cheats,
and many other names. The statements made by opposing counsel to the
media have been incomplete and at times inaccurate. Allow me to share the
other side of this story:

In 2008, our client, Anthony Warren, was involved in a high speed chase in
which he committed various illegal acts. One person, a Hoover police officer,
was injured in that chase. Those facts were never disputed by any party
throughout the course of the case or at trial. At the end of the chase, Mr.
Warren was involved in a vehicle rollover in which he was ejected from his
vehicle. At that point, while Mr. Warren lay face down, motionless in the ditch
where he landed, 5 Birmingham police officers descended on him and began
beating, punching, kicking, and otherwise striking him. Each and every officer
admitted on the witness stand at trial that Mr. Warren never actively resisted
arrest after being ejected from the vehicle. Officers testified at trial that he
appeared unconscious. They testified that the only movement he made while
being beaten was his involuntary reaction to being beaten. Despite his lack of
resistance, the officers chose to beat Mr. Warren instead of placing him in
handcuffs or securing the scene. There was testimony at trial that the force
used was so clearly excessive that the video footage of this incident was used
by the Jefferson County Sheriffs Department during training of deputies to
show what not to do in an arrest. Testimony and evidence at trial showed that
several minutes after the chase had ended, after Mr. Warren was handcuffed
and still lying face down in the ditch, one of the officers came back and
stepped on his neck, repeatedly kicked him in the head, and wiped his size 14
boot on his shirt.

For a host of reasons, cases involving the violations of constitutional rights are
inherently very difficult both legally and practically. There are very difficult
burdens of proof, and the officers have several layers of immunity that must
be overcome in order to prevail at trial. In addition, many times you are
representing someone who is guilty of a crime. There are natural biases that
jurors have against awarding money to a person convicted of a crime. That is
especially true when the person is currently incarcerated for the actions that
led to the events complained of. These cases, however, cannot and should not
be viewed in a vacuum. We hold our freedoms in this country dear and love
to talk about how we are the land of the free. We love to say things like
innocent until proven guilty, right to a trial by jury, and we are a nation of
laws, but if phrases like that are to carry any meaning and be more than mere
words, our rights must be protected vigorously. As a country, we have
recognized the inherent difficulties of these cases, but also the importance of
having people willing to take them on anyway. As a result, the laws are set up
so that, if a constitutional violation is found to exist, the full attorney fees and
expenses incurred in holding the Defendants accountable are due to be paid
by the Defendants.

Over five and a half years, thousands of hours, and a whole lot of resources
were expended in preparing and prosecuting this case. Had a verdict been
entered, significantly more would have been owed in attorney fees. The fact
of the matter is, the City of Birmingham had the opportunity to pay much less
than the final settlement amount years ago, but chose not to on the advice of
its counsel, who were paid more than twice the settlement amount over the
course of the case. Regardless, after a full week of trial, it was clear to all
parties involved that a verdict would be entered in favor of the Plaintiff, and if
a Defense verdict was entered it would have been so against the weight of the
evidence, including the Defendants own testimony, that it likely would have
been set aside as a matter of law. That would have meant full attorney fees
and expenses owed, not to mention years more of appeals and
uncertainty. As a result, the parties agreed to engage in settlement
negotiations, and a settlement was ultimately reached. Mr. Warren and his
family were kept informed throughout the process and gave full consent to
the settlement terms, many of which are not able to be disseminated. The
terms were further explained to Mr. Warren and each of the Defendants on
the record by the Judge, and the agreement was finalized to the satisfaction of
all parties. Not only were they in agreement then, but we have since spoken
with the family of our client and they continue to be in agreement in spite of
the media attention.

We represented Anthony Warren, absolutely. Just as important, though, we
were extremely proud to represent the Constitutional rights of every person in
this great country. We did this knowing that there was a very good chance
that none of us would ever be compensated a dime for any of the hard work
we put into the case because freedom and liberty are not just words to us, but
they are instead actual rights that we are willing to fight for. Because we did
so successfully, we are being demonized instead of thanked. That is
fine. Attorneys have long been the butt of jokes, and I would expect nothing
less from those with little knowledge of the actual terms and
circumstances. Regardless, Mr. Warren and his family know the terms of the
agreement, and they were very pleased with the outcome. We are all
extremely proud to have represented Anthony Warren and the U.S.
Constitution in this case.




++ Jackie Robinsons term ends in April 2015. ++

Attorneys for man in Birmingham police beating case claim
receiving physical threats since settlement, give more details on case

BIRMINGHAM, Alabama -- Lawyers representing a man in a recently
settled police beating case against Birmingham police officers, this
evening said they have unfairly been vilified and even threatened with
physical harm.
Lawyers Wendy Crew, Cameron L. Hogan and Alyson Hood-Rains
represented Anthony Warren in the civil case against police officers,
which was settled for $460,000.
According to the city of Birmingham, Warren will receive $1,000 from the
settlement, while his attorneys will receive $359,000 in fees and
$100,000 in expenses. Warrens attorneys declined to elaborate on the
settlement.
Details of the settlement, first reported by AL.com Tuesday, have
received national attention. That attention has also brought trouble for
Warrens attorneys, they said in a written statement to AL.com.
Over the past 48 hours, my co-counsel and I have been harassed, called
names and threatened by countless people via telephone calls, emails,
and internet messages because of the settlement agreement that was
disclosed this week, the lawyers said. We have been called criminals,
thugs, crooks, thieves, liars, cheats, and many other names. The
statements made by opposing counsel to the media have been
incomplete and at times inaccurate.
Nevertheless, Warrens attorneys stand by the settlement, saying that
Warren agreed with the outcome.
The lawyers said their written statement would be their only comment
about the settlement.
The terms were further explained to Mr. Warren and each of the
defendants on the record by the judge, and the agreement was finalized
to the satisfaction of all parties, lawyers wrote. Not only were they in
agreement then, but we have since spoken with the family of our client
and they continue to be in agreement in spite of the media attention.
In his lawsuit, Warren claimed the officers used excessive force when
they hit and kicked him at the end of a high speed chase in 2008. A
video of the chase and its aftermath was widely publicized and garnered
national attention.
The 20 to 25-minute car chase began when Warren attempted to flee
from a narcotics officer. He then hit a school bus, a patrol car, and struck
a Hoover police officer who attempted to lay tire puncture strips across
U.S. 31.
Warren was finally arrested when his vehicle flipped over and
apprehended by police. He is currently in prison serving a 20-year
sentence.
Crew and her associates said there are more facts to the case that should
be considered by the public. While the citys attorney, Michael Choy,
said the officers followed procedure in their physical contact, Warrens
lawyers tell a different story.
There was testimony at trial that the force used was so clearly excessive
that the video footage of this incident was used by the Jefferson County
Sheriffs Department during training of deputies to show what not to do
in an arrest, Warrens lawyers said.
They went on to cite court testimony that the one officer returned to the
ditch and stepped on Warrens neck and wiped his boot on his shirt.
While Warren committed crimes, his attorneys said that did not dismiss
his constitutional rights, violations of which were the basis of the civil
suit.
As a country, we have recognized the inherent difficulties of these
cases, but also the importance of having people willing to take them on
anyway, they said.
While Warrens lawyers disagree with the city over several significant
facts in the civil case, they agree with the city that settling the more than
five-year-old case was cheaper than pursing it.
Warrens lawyers said they took the case to pursue his Constitutional
rights, without any guarantee of payment.
Because we did so successfully, we are being demonized instead of
thanked, they wrote. Regardless, Mr. Warren and his family know the
terms of the agreement, and they were very pleased with the
outcome. We are all extremely proud to have represented Anthony
Warren and the U.S. Constitution in this case.