This is Part 2 of the update on the viral video arrest of Demetrius Kern from Cleveland Heights, Ohio, which I originally covered in July of 2023, along with Mr. Kern’s attorney, Chris Wiest. Mr. Kern had been falsely arrested and charged after he was almost hit by a police cruiser driven by Officer Carly Lewis, whose video deposition was featured in Part 1 of this update. That arrest was primarily at the direction of Officer Lewis’ supervisor, Sgt. Naftali Wolf, whose video deposition is detailed in this video.
Here is the main brief by Mr. Kern’s attorneys that I walked you through in the video, using the video deposition excerpts they actually cited in the brief:
If you want to go further into the weeds, here is the motion for summary judgment filed by Defendant Wolf’s lawyers (to which the above brief is responding in opposition):
As I mentioned in the video, as of this date, the Court has not yet ruled on the pending motions. Which means that the case is just hanging in limbo with nothing happening, until such time as there is a ruling. The ruling will decide whether or not the lawsuit gets dismissed, or whether it proceeds to a jury trial. This is fairly unusual for a delay of this length to occur in federal court – though sometimes does happen).
Remember the cop who moved from California to Idaho, and then slammed a kid on the ground because he wanted to take some pictures of a dirtbike? My video on it went viral – now over 6 million views – and made the TV news in Idaho. And as that was happening, the cop abruptly sort of disappears… Well, now a year and four months later, I have a final update for you. That case went to a jury trial, and the verdict may not be what you expect. And you’re not going to believe where that officer ultimately ended up, and what his new employer had to say about that incident; about my video.
Imagine that a law abiding, completely innocent, Texas oilfield worker is just driving to a worksite and back one day as a part of his job, and his government, who is spying on him from some secret base somewhere, where a spy named Kiki is wondering why he was making the trip in one day, as opposed to two… And so he directs a secretive unit of Texas deputies, who were trained by the highly respected legal scholar, “Dennis,” a former cop who runs Street Cop Training – since banned from training police in his home state of New Jersey – to pull over the innocent oilfield worker, and using the Jedi-mind tricks they learned from Dennis, along with an alert from a drug dog who has never NOT alerted for them, reveal the truth that the innocent oilfield worker is actually a mastermind cartel smuggling kingpin… Except that he isn’t.
After detaining him for an hour and searching every inch of his truck, the deputies let the guy go. But the guy is pissed, and he complains. Internal Affairs said they did nothing wrong. So he calls the Institute for Justice. They investigate and file a lawsuit. They also tell this West Virginia lawyer with a YouTube channel, who is sort of just starting out, about the case, and he does a video on it that goes viral… Which in turn causes Internal Affairs to reopen the case and fire the deputy. And at his termination hearing, the deputy complains that the YouTube video left a lot of stuff out of the video – and that it’s just not fair… That would be crazy, wouldn’t it? Well it all happened, just like that. And more….
My original video:
Raw footage and documents coming soon…
Alek Schott’s Raw Dash Cam:
Deputy Joel Babb’s Raw Bodycam – Part A:
Deputy Babb’s Bodycam Part B:
Deputy Martin Molina’s Raw Bodycam:
Deputy Joe Gereb’s Raw Bodycam:
The Complaint (which has links in a footnote to the raw bodycam and dash cam):
Screenshots from the termination documents used in my video, showing the significance of Street Cop Training on what Deputy Babb ended up doing to Alek Schott, and others:
My 2024 Video on Street Cop Training and Dennis Benigno:
Monongalia County Sheriff’s Deputy Lance Kuretza was indicted by the Feds as a result of this never-before-seen bodycam footage showing him suddenly confronting and arresting an innocent man, who was sleeping in a hotel room. I tried to get the footage over two years ago. Since then, he was acquitted by a federal jury in his criminal prosecution. Now he’s back to work as a deputy. But should he have a badge in light of this footage, showing what really happened that night?
The hatemail that jogged my memory about the incident:
Viral Twitter post about the indictment that first got people talking about it:
The US Attorney’s statement about the incident, from a radio show appearance (IIRC):
Here’s the press release by the DOJ about the indictment of Deputy Kuretza:
Photo taken by the police during arrest processing:
Monongalia County Sheriff’s Quote (recently retired now) about the trial result, commenting that he was “glad” the jurors came to the same conclusion he/his department had:
A media report about the trial, revealing shocking testimony from an EMT an unnamed deputy lied to her about the cause of Mr. Graciano’s injuries:
EMS was eventually called to the department and the jury heard from one of the emergency medical technicians (EMT) who responded to the call.
Camden Boggs, who worked as an EMT with Star City at the time, said a deputy in a black shirt told him Graziano “was drunk downtown starting fights and got beat up.” He could not say whether that deputy was Kuretza.
Boggs said a fight made sense because he initially saw blunt force trauma and at minimum a fracture to the nose or eye and at maximum a traumatic brain injury. He testified that Graziano’s right eye was so swollen, EMTs could not pry it open to evaluate his pupils for brain injuries.
Initially, Boggs said Graziano wanted to go to the hospital, but after being told by an unidentified deputy that by not going to the hospital he could see the magistrate sooner and go home sooner, Graziano then refused to go with the EMTs.
Fourth Circuit caselaw I referred to in the video regarding the 4th Amendment rights of hotel tenants is here. This is based on the US Supreme Court opinion from Stoner v. California.
The RAW footage, showing that not only did I not edit in a misleading way, I substantially censored the footage in order to comply with Youtube’s guidelines. The raw footage is much worse. Here is the full, unedited, footage from Lance Kuretza’s bodycam from January 18, 2018:
The full, unedited, uncensored, footage from Isaac Coe’s bodycam from January 18, 2018:
The full, unedited, uncensored, footage from Lance Kuretza’s bodycam during the arrest processing portion of January 20, 2018:
The full, unedited, uncensored, footage from Sgt. J.D. Alexander’s bodycam from January 20, 2018:
Here’s the full complaint from the civil lawsuit that was settled for $175,000:
Here’s a clip of Deputy Ethan Mongold encouraging Deputy Kuretza to give Mr. Graciano “the solution.”
Here’s the portion of the trial transcript (from above) that features Deputy Ethan Mongold testifying under oath to the jury that he admits that is indeed his voice that can be heard encouraging Kuretza to “give him the solution,” but unfortunately doesn’t remember saying it, and doesn’t remember why he would have said it – and also doesn’t know what “the solution” was.
A little over a year ago I put up a video about the Loveland Police Department officer who was captured on bodycam punching a handcuffed woman, resulting in his being fired just three days later. Well, here’s the update. The officer was prosecuted, and the case went to jury trial a few days ago. Was justice served?
About a year ago I posted footage of Denver Police SWAT raiding the home of a 78 year old grandmother, based solely on a guy claiming that his “Find My iPhone” app showed his stolen truck at her home. Since then, the lawsuit went to trial, and the jury awarded $3.7 Million.
There’s a huge update to the case where my client, Darius Lester, was shot by a SWAT team, while trying to sleep in his home. As explained previously, he had no criminal record and had committed no crime. The West Virginia State Police was executing a search warrant for that residence that was entirely unrelated to Darius. They claimed that Darius confronted them and came at them with a hammer, for which they charged him with a felony. That charge has now been to court….
A civil jury in Wayne County, Michigan just awarded a $9.3 million dollar verdict against a Dearborn police officer after he performed an unconstitutional arrest of a kid on a bicycle. The false arrest and ensuing excessive force during the “rough arrest” was captured on officers’ bodycams.
Video footage has just been released showing misconduct by a notorious former sheriff in Clayton County, Georgia. That footage resulted in his conviction for federal civil rights violations, for which he is about to face sentencing. In other words, here’s yet another rare, but great, example of law enforcement being held accountable for civil rights violations in the best possible way – criminal prosecution.
Victor Hill, the former sheriff of Clayton County, Georgia, was charged with seven counts of willfully depriving detainees at the Clayton County Jail of their constitutional right to be free from unreasonable force by law enforcement officers. Specifically, the grand jury who indicted him alleged that Hill caused the seven victims to be strapped into restraint chairs at the jail without any legitimate nonpunitive governmental purpose and for a period exceeding that justified by any legitimate nonpunitive governmental purpose. The grand jury further alleged that these offenses caused physical pain and resulted in bodily injury to the victims.
The trial is already over. On October 26, 2022, a jury convicted Hill on six of the seven counts. As to each of those six guilty counts, the jury further found that the offense caused physical pain and resulted in bodily injury to 6 different victims.
The reason you’re seeing this now is because some of that footage was just released. The released footage shows the restraint of Robert Arnold, who was booked into the jail on February 25, 2020. He was accused of assaulting two women inside a Forest Park grocery store earlier that month.
“What was you doing in Clayton County that day?” Sheriff Hill asked Arnold.
“It’s a democracy, sir. It’s the United States,” Arnold replied.
“No, it’s not. Not in my county,” responded Sheriff Hill.
When Arnold challenged Sheriff Hill on his right “to a fair and speedy trial,” Hill told sheriff’s office employees to bring him a restraint chair.
“Roll that chair ’round here,” ordered Sheriff Hill. “Roll that chair ’round here.”
According to a 2018 policy approved by Hill, restraint chairs “may be used by security staff to provide safe containment of an inmate exhibiting violent or uncontrollable behavior and to prevent self-injury, injury to others or property damage when other control techniques are not effective.”
Prosecutors also introduced surveillance videos from inside the jail that showed Sheriff Hill’s interactions with Glenn Howell on April 27, 2020. Howell, a landscaper, had a dispute with a Clayton County Sheriff’s Office deputy about payment for work that Howell did on the deputy’s property. Sheriff Hill called Howell to try to intervene and the conversation became heated. When Howell tried to contact Hill again, Hill obtained a warrant for Howell’s arrest on a charge of harassing communications. Howell turned himself in a few days later.
In the surveillance video, Howell is pictured sitting on a bench for several minutes. He appears to follow commands as an intake officer searches him and processes his belongings. At one point, prosecutors pointed out, jail staff left Howell alone in the intake area—something attorneys argued they would not have done if Howell was a threat. Footage shows Sheriff Hill arriving about an hour later and speaking to Howell in the hallway. Less than a minute into the conversation, Howell is placed into a waiting restraint chair.
The sheriff’s office restraint chair policy explains that officers should remove someone from the device “when they have determined that there is no longer a threat to self or others, or the inmate must be transported to another facility.” Multiple witnesses, however, testified that when Sheriff Hill ordered someone into a restraint chair, it was understood that person was not to be released for four hours, the maximum allowed under the policy.
I’ve been asked to do something on the Murdaugh trial. I want to bring you some inside information about what really happened at the Murdaugh trial. So I reached out to my colleague Larry Foreman. You may know him as The DUI Guy+ from Youtube. He covered much of the Johnny Depp trial from inside the courtroom, and also was able to get into the Alex Murdaugh trial in South Carolina. So I figured, who better to hear from than Larry. He was in the courtroom, sitting right next to some of these people, watching the reaction of the jurors, and so on. Like me, he’s a real lawyer with real courtroom experience that you can watch yourself on his channel.
