Daniel Holtzclaw: Former Oklahoma City Police Officer Guilty Of Rape

Daniel Holtzclaw (center) listens as Oklahoma County assistant district attorney Gayland Gieger (right) speaks during Holtzclaw's sentencing hearing in Oklahoma City, Thursday. Holtzclaw, a former Oklahoma City police officer, was convicted of raping and sexually victimizing several women on his beat. At left is defense attorney Scott Adams.
Daniel Holtzclaw (cen­ter) lis­tens as Oklahoma County assis­tant dis­trict attor­ney Gayland Gieger (right) speaks dur­ing Holtzclaw’s sen­tenc­ing hear­ing in Oklahoma City, Thursday. Holtzclaw, a for­mer Oklahoma City police offi­cer, was con­vict­ed of rap­ing and sex­u­al­ly vic­tim­iz­ing sev­er­al women on his beat. At left is defense attor­ney Scott Adams.

The women were teenagers and grand­moth­ers. Most were liv­ing on the mar­gins. All of them were black. And dur­ing a month-long tri­al that became a sym­bol of police pre­da­tion, they formed a bleak parade of 13 wit­ness­es who accused a for­mer Oklahoma City offi­cer of using his badge to coerce sex acts and rape.

On Thursday, after 45 hours of delib­er­a­tion, a jury con­vict­ed Daniel Holtzclaw, 29, on five counts of rape and 13 oth­er counts of sex­u­al assault, includ­ing six of sex­u­al bat­tery, against eight of the women.

The con­vic­tions includ­ed four for first-degree rape, which car­ries a pos­si­ble sen­tence of life in prison. He will appear in court on 21 January for sentencing.

Holtzclaw was cleared of a fur­ther 18 of the 36 charges he faced, includ­ing rape, sex­u­al bat­tery, bur­glary, inde­cent expo­sure and stalking.

His con­vic­tion is like­ly to be viewed as a key moment of account­abil­i­ty for law enforce­ment offi­cers who abuse their posi­tion: out of the hun­dreds of police offi­cers ter­mi­nat­ed for sex­u­al abuse in recent years, only a small num­ber faced crim­i­nal charges and even few­er were con­vict­ed. And black women are espe­cial­ly liable to be their targets.

Still, the case did not attract the lev­el of atten­tion that activists and media out­lets have paid to oth­er accu­sa­tions of rape or police abuse. Some racial jus­tice activists were frus­trat­ed that the tri­al did not gen­er­ate the same cov­er­age as police-involved shoot­ings that have killed black men. At the start of the tri­al, in ear­ly November, local activists were sur­prised to find the court­room emp­ty of the women’s groups that have sup­port­ed accusers in oth­er rape tri­als. And major net­works car­ried lit­tle to no cov­er­age of the tri­al or its outcome.

Many attrib­uted the low vis­i­bil­i­ty of the case to the pro­file of the vic­tims: vul­ner­a­ble women of col­or with trou­bled his­to­ries. Holtzclaw, police inves­ti­ga­tors found, method­i­cal­ly tar­get­ed black women with crim­i­nal records or a his­to­ry of drug use or sex work. For all but one of his tar­gets, police inves­ti­ga­tors said, the for­mer offi­cer used his posi­tion on the force to run back­ground checks for out­stand­ing war­rants or oth­er means by which to coerce sex.

An advo­cate who watched the tri­al unfold said the alle­ga­tions fit a famil­iar pat­tern. “Officers count on no one believ­ing the vic­tim if she reports,” said Diane Wetendorf, who runs a coun­sel­ing group in Chicago for women who are vic­tims of police abuse. “And [they] know that the word of a woman of col­or is like­ly to be worth even less than the word of a white woman to those who mat­ter in the crim­i­nal jus­tice system.”

Indeed, Holtzclaw’s choice of vic­tims laid the ground­work for an aggres­sive defense. His attor­ney, Scott Adams, aggres­sive­ly ques­tioned his accusers about their mar­i­jua­na use, drink­ing, thefts and sus­pend­ed driver’s licens­es in an attempt to under­mine their credibility.

In court and in pre­tri­al tes­ti­mo­ny, how­ev­er, the 13 accusers told broad­ly con­sis­tent sto­ries about how Holtzclaw iso­lat­ed them, assault­ed them, and ter­ror­ized them into silence.

One woman accused Holtzclaw of dri­ving her to a field, rap­ing her in the back of his squad car, and leav­ing her there. “There was noth­ing that I could do,” she tes­ti­fied. “He was a police offi­cer and I was a woman.”

Another of his vic­tims, a 17-year-old girl, tes­ti­fied that Holtzclaw raped her on her mother’s front porch. She said he threat­ened her with an out­stand­ing war­rantfor tres­pass­ing. “What am I going to do?” she asked. “Call the cops? He was a cop.” The jury con­vict­ed Holtzclaw of every count relat­ed to her assault.

Another woman said the for­mer offi­cer forced her to per­form oral sex while she was under the influ­ence of drugs and hand­cuffed to a hos­pi­tal bed. Holtzclaw, the woman tes­ti­fied, implied that he could have her charges dropped in return. “I didn’t think that no one would believe me,” the woman tes­ti­fied in a pre-tri­al hear­ing. “I feel like all police will work together.”

Holtzclaw’s crimes took place over sev­en months in 2013 and 2014 while he worked the 4pm to 2am patrol.Oklahoma City law enforce­ment arrest­ed Holtzclaw on 18 June 2014. The pre­vi­ous night, he had pulled over a 57-year-old day­care work­er and molest­ing her dur­ing the traf­fic stop. Holtzclaw then ordered her to per­form oral sex, his gun in plain view, she has testified.

The woman made an imme­di­ate report to the Oklahoma City sex crimes divi­sion. Detectives arrest­ed Holtzclaw in the after­noon. Before long, the inves­tiga­tive team con­nect­ed Holtzclaw with oth­er reports of sex­u­al abuse against unnamed offi­cers. GPS evi­dence from his patrol car also linked Holtzclaw to the alleged crimes.

Holtzclaw was fired from the force in January 2015.

The Oklahoma City police depart­ment is pleased with the jury’s deci­sion,” the law enforce­ment agency said in a state­ment on Thursday night. “We are proud of our detec­tives and pros­e­cu­tors for a job well done … [We] firm­ly believe jus­tice was served.”

During the tri­al, Holtzclaw did not con­test that he encoun­tered the women, but he main­tained his inno­cence. He had a ded­i­cat­ed con­tin­gent of online sup­port­ers using the hash­tag #FreeTheClaw. The defense called just one wit­ness, a for­mer girl­friend of Holtzclaw’s who tes­ti­fied he nev­er exhib­it­ed sex­u­al­ly aggres­sive or inap­pro­pri­ate behav­ior around her.

The ver­dict will sur­prise advo­cates who were steel­ing them­selves for an acquittal.

Legal experts not­ed that Holtzclaw’s defense har­nessed pow­er­ful stereo­types about rape vic­tims. His attor­ney not­ed that his accusers wait­ed months to report his crimes and that they were not “per­fect vic­tims” or “per­fect accusers”. The case unfold­ed before an all-white jury. (Court doc­u­ments indi­cate Holtzclaw is Asian or Pacific Islander.)

These cas­es are so dif­fi­cult to pros­e­cute because the defense attor­neys go after the vic­tims’ cred­i­bil­i­ty in court,” said Wetendorf. “In my expe­ri­ence work­ing with vic­tims of police abuse, offi­cers do tar­get vul­ner­a­ble women, par­tic­u­lar­ly drug addicts, alco­holics and prostitutes.

They are con­fi­dent that ‘no one will believe’ these vic­tims. Where women of col­or are avail­able as tar­gets, they are even eas­i­er prey.”

Rachel Anspach, of the African American Policy Forum, con­sid­ered it a a sign of progress that Holtzclaw’s case even went to tri­al. “Historically, we’ve seen the jus­tice sys­tem hasn’t pro­tect­ed black women from sex­u­al assault,” she said.

http://​www​.the​guardian​.com/​u​s​-​n​e​w​s​/​2​0​1​5​/​d​e​c​/​1​1​/​d​a​n​i​e​l​-​h​o​l​t​z​c​l​a​w​-​f​o​r​m​e​r​-​o​k​l​a​h​o​m​a​-​c​i​t​y​-​p​o​l​i​c​e​-​o​f​f​i​c​e​r​-​g​u​i​l​t​y​-​r​ape


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