The Officer Sprayed A Black Woman With Her Own Garden Hose — Then He Saw Her Badge

Chapter 17

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"I saw that she didn't belong there, Colleen. That's what I saw. I don't know how to see it different, and nobody ever told me I had to."

Colleen nodded slowly, taking the sentence in and setting it somewhere inside herself alongside the other furnishings of her life, to be dealt with in the years to come. "Somebody told you," she said. "Twenty-six somebodies told the bureau. The bureau put it in a box."

The civil suit was filed in September, and it was filed not only in Naomi's name. Diane Okafor, with a team she assembled from two firms and a legal clinic, brought a consolidated action on behalf of eleven of the complainants who wished to proceed, against Holt, against the bureau's supervisory chain in their official capacities, and against the city, alleging a pattern and practice of discriminatory stops, retaliatory escalation, evidence suppression through camera deactivation, and deliberate indifference in the review of citizen complaints. The filing was one hundred and twelve pages. It was, Aaron said, reading it at midnight with his glasses low on his nose, the angriest document he had ever read that contained no adjectives, and Naomi said that was because Diane had learned drafting from the same tradition she had: when the facts are correctly arranged, rhetoric is a form of littering.

At his deposition in October, Holt sat for six hours in a conference room in a building he had once entered to testify as the state's witness, and learned what it was to be on the other side of the arrangement of facts. Diane did not raise her voice. She rarely raised her voice, having discovered early in her career that quiet, in a deposition, is a blade. She walked him through the cruiser audio, sentence by sentence. She had the transcript printed large.

"Officer Holt, who is speaking in this line?"

"I am."

"Read it, please."

"'Something doesn't fit.'"

"What didn't fit?"

"A person I couldn't identify in front of a high-value property."

"The person was the owner."

"I didn't know that yet."

"You were offered the means to know it, were you not? She offered to retrieve her identification from inside the house."

"I couldn't permit her to enter a residence whose ownership was in question."

"Whose question, Officer Holt?"

"Mine."

"Just yours. Officer Price had suggested allowing it, hadn't he?"

"I don't recall."

"The recording recalls it. Let me help you." And so it went, hour by hour, the whole encounter reassembled in a quiet room out of his own words, until they reached the hose, and the seconds, and the question Diane had plainly been saving the way a prosecutor saves the photograph.

"Officer Holt, in your written statement you describe the discharge of the hose as inadvertent, resulting from a transfer of the object. I want to show you a still image from Mrs. Porter's video, timestamped during the discharge. Your hand is on the nozzle. Your arm is extended toward Judge Greer. She is approximately eight feet from you. Her hands are open and empty. Looking at this image, do you wish to amend 'inadvertent'?"

Fenn objected, for the record, to form. The record noted it. Holt looked at the photograph for a long time. In the photograph his own face was visible in three-quarter profile, and it was not the face of a man in danger, or of a man struggling for an object, and somewhere in that conference room, with the court reporter's fingers still and the city's lawyers examining their own hands, Ryan Holt had the first unmediated encounter of his adult life with himself as the citizens of Portland had been describing him for fifteen years. He saw the set jaw. He saw the satisfaction — there was no kinder word available and the deposition had forbidden him kind words anyway — of a man teaching a lesson.

"I held it on her," he said.

"Officer Holt," Fenn said sharply, "I need to confer—"

"I held it on her. That's what the picture shows and that's what happened. I was angry that she was arguing with me. She kept — answering. Correctly. Every time I said something she had an answer, and the answer was right, and I knew I was losing the — I knew how it looked, to the street, and instead of ending it I—" He stopped, and the room let him stop, because rooms like that are used to it. "I wanted her to comply. I wanted her to be what I'd decided she was, somebody who'd fold. And she wouldn't. So I held the hose on her. That's the truth of it and I've written three different accounts of it, and the other two are lies, and I want the record to say that I know that now."

In the hallway afterward, Fenn closed the door, took his client by the elbow, and said, with genuine sorrow, because he had represented this man as well as the man could be represented and had just watched him leave the frame on the table like a coat he no longer intended to wear, "You understand you've ended your career in there."

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The Officer Sprayed A Black Woman With Her Own Garden Hose — Then He Saw Her Badge

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