Date: Tue, 06 Aug 1996 19:46:44 -0700 (PDT) From: Bob Witanek <[b--ta--k] at [igc.apc.org]> To: Recipients of pol-abuse <[pol abuse] at [igc.apc.org]> Subject: WA Illegal Searches? Posted: Michael Novick <[mnovickt t t] at [igc.apc.org]> Suit Alleges Prince Georges County Police Abuses In Probe of Officer's Slaying By Todd Shields Washington Post Staff Writer Thursday, July 25 1996; Page B01 The Washington Post Relatives and acquaintances of Jeffrey C. Gilbert's have filed a lawsuit alleging that Prince George's County police conducted at least three searches without warrants and improperly held at least five people overnight for questioning as they searched for the killer of a fellow officer last year. The lawsuit says handgun-brandishing police twice invaded a home rented by Gilbert's aunt seeking information about the slaying. In between raids, the suit says, officers stopped the house's occupants in the streets and took them to interrogation rooms, where they were handcuffed to walls and held overnight without food, water or a chance to use the bathroom. The suit, alleging that police violated constitutional protections against unreasonable searches and seizures, was filed in late April in Prince George's County Circuit Court. At the request of county attorneys, who said it involved complex federal issues, the case was moved Monday to U.S. District Court in Greenbelt. Gilbert, of Lanham, was arrested and charged with murder on April 28, 1995, two days after Cpl. John J. Novabilski was fatally shot at a Kentland liquor store where he was working off duty. Gilbert was released 39 days later, after law enforcement officers discovered that another man, who committed suicide after a shootout with law enforcement officers, had Novabilski's service revolver and the gun used to kill the officer. Gilbert, who said he was severely beaten during his arrest, has filed a $10 million lawsuit alleging that his constitutional rights were violated by police. Meanwhile, a federal grand jury is looking into whether the arresting officers beat Gilbert. The new lawsuit, filed by lawyer Kenneth E. McPherson on behalf of nine people, accuses police officials and unknown officers of wrongful arrests and other abuses. It seeks more than $20 million in damages. "These people were ripped from their ordinary lives and thrust into something they had no part of, and it was a scary two days for them, " McPherson said. The lawsuit contends that the officers' acts could have occurred only in a police force that tolerated the use of excessive force. County officials would not comment yesterday on the the suit. Jay Creech, an associate county attorney, called the allegations "vague. The lawsuit centers on searches conducted at the home of Gilbert's aunt, Eloise Jones, in the 7200 block of East Forest Road in Landover. According to the lawsuit, police appeared at the Jones residence about 30 minutes after Novabilski was slain several blocks away. The suit gives the following account of what happened next: Two men who lived in the house were standing outside when "approximately six" Prince George's police cars pulled up. The two men were forced to kneel on the lawn with their hands above their heads. Police burst into the house and pointed loaded handguns at the people there, including one man who was taking a bath. Police ordered that man and two other men from within the house to the front lawn, where they also were forced to kneel with their hands in the air. A woman in the house was rousted from her bed at gunpoint and forced to sit on a couch, wearing only the T-shirt and underwear in which she had intended to sleep. Jones, the aunt, was ordered back inside at gunpoint when she went to the front porch to find out what was happening. The next day, April 27, three male residents of the house were stopped while driving or riding in cars, taken to police interrogation rooms and told they would be released only if they provided statements about Novabilski and "Curtis Gilbert," the suit says. Gilbert's middle name is Curtis. The suit says the men were held until the following morning. Another woman was held overnight after being taken into custody while driving in the area, according to the suit. Another man was taken into custody April 28 while walking near the house and also was held overnight, the suit says. Police entered the Jones residence again about 4:30 a.m. April 28, little more than two hours after Gilbert's arrest, the lawsuit says. It says four people in the house, including Jones, were taken to a police station and asked for statements about Gilbert. They were released later that morning, the suit said. Also about 4:30 a.m. April 28, Prince George's police forced their way into a woman's home on Butler Street in Southeast Washington and ransacked the residence, the lawsuit says. Police who took part in some of the actions had tape over their name tags, McPherson said. Copyright 1996 The Washington Post Company Posted in [pol abuse] at [igc.apc.org] To subscribe, send this message: subscribe pol-abuse To this address: [m--r--o] at [igc.apc.org]