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Juror in officer's assault trial: Off-camera incident key
posted by: Jeffrey Wolf , Web Producer  
written by: Anastasiya Bolton , Reporter  
created: 9/23/2009 10:15:46 PM
Last updated: 9/23/2009 10:35:58 PM
DENVER - It took jurors just two hours to find Denver Police Officer Michael Cordova not guilty Monday. Now, one of them tells 9NEWS their decision was based largely on the very videotape that got him into trouble in the first place.

The tape of the scuffle between Cordova and John Heaney was taken on Opening Day of the 2008 Colorado Rockies season outside Coors Field. The tape was originally given to 9Wants to Know.

In the video, it appeared that Cordova drove Heaney's face into the ground, breaking two of his teeth, after Heaney was already on the ground with his hands behind his back.

At the time, Heaney was facing assault charges in the incident. When our investigators showed the tape to Denver Police and the Denver District Attorney's office, those charges were dropped and Cordova went on trial instead.

Greg Bittle was one of the jurors who unanimously found Cordova not guilty.

"Almost immediately we took an initial vote and I would say 99 percent it was 'not guilty' all around the room," Bittle said.

Bittle told 9NEWS when he first saw the video of the scuffle, he was shocked.

Then Cordova's defense team played the video in slow motion, and what Bittle saw there changed his mind about the incident.

"Frame by frame, aspect of the video and that was extremely telling because it appears to be just a one up and down motion, but when you see that snippet in slow motion, it is more of a rotating [motion] and with Mr. Heaney's head probably hitting on the side, rather than directly face to asphalt," Bittle said.

Bittle says beyond the tape itself was an incident not captured on camera in which Heaney provoked Cordova.

"Mr. Heaney struck Officer Cordova, and it's debatable if it was an actual punch or if he just slapped him or knocked his hat off," Bittle said. "But even Mr. Heaney acknowledges that he did initially assault or have his hand interact with the officer's face."

In a statement to 9NEWS, Heaney's attorney Lonn Heymann said, "We absolutely respect the jury's verdict, but look forward to the civil rights case where the jury will hear about much more. All of the charges against Mr. Heaney, including assault, were dismissed. Keep in mind that Denver law enforcement prosecuted this case. In the civil rights case the jury will hear Mr. Heaney's perspective."

Denver Police says it is still conducting an internal investigation into the incident. Cordova is in an administrative position at this time and not on the street.

Denver District Attorney Mitch Morrissey released this statement Wednesday: "We believe in our case. We believe that it is our mission to attempt to hold people accountable for what we believe is criminal behavior."



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