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Friday, June 21, 2002

Officer admits lying in Jorg trial


Prosecutor says changed story is internal police matter

By Jane Prendergast and Marie McCain, mmccain@enquirer.com
The Cincinnati Enquirer

        Hamilton County'sprosecutor Thursday would not comment on the possibility of retrying former Cincinnati Police Officer Robert “Blaine” Jorg in light of another officer's admission that he lied during Officer Jorg's trial.

        Officer Victor Spellen's story changed between his testimony before a grand jury and at the involuntary manslaughter trial in October, officials said.

Jorg
Jorg
        Then his story changed again during an interview this year with police internal department investigators, officials said. He admitted to internal investigators that he hadn't told the truth.

        Officer Spellen arrived on the scene of Roger Owensby Jr.'s death in November 2000 after police had subdued Mr. Owensby and placed him in a squad car in a Roselawn parking lot.

        He testified about what Officer Jorg said he'd done to Mr. Owensby. Officer Jorg eventually was acquitted of assault; the jury was unable to reach a verdict on a involuntary manslaughter charge.

        During the trial, Officer Spellen described the way Officer Jorg held Mr. Owensby's head in a loose “head wrap.” But before the grand jury, and in talking with internal investigators, Officer Spellen said the head hold was much tighter.

        The Hamilton County coroner ruled Mr. Owensby died of asphyxiation, possibly by a choke hold or “piling on” by officers.

        After the jury's decisions, Prosecutor Mike Allen declined to retry Officer Jorg, who left Cincinnati police and now works in Pierce Township.

        A spokesman for the prosecutor Thursday would say only that Mr. Allen believes this is an internal police matter.

        Police spokesman Lt. Kurt Byrd continued to say — as he has for at least a month — that the internal investigation in the Owensby death would be released soon.

        Officer Spellen, 34, on the force three years, was sent to desk duty in the telephone crime reporting unit last month after the discrepancy was revealed.

        He cannot face criminal charges because of the police department's Rule 2.26, under which officers who are compelled to talk to internal investigators cannot be prosecuted for anything they say.

        He can, however, face administrative punishment. When Chief Tom Streicher announced last month that Officer Spellen had lost his police powers, he noted that he had “become concerned about an issue of dishonesty.”

        Officer Spellen told the Enquirer last month his reassignment came because of “complications” during the internal investigation, but he would not be more specific.

        Attorney John Helbling, who represents Mr. Owensby's family, said he would not comment about the case until the police department releases its internal report.

        Meanwhile, Officer Jorg has asked for his record to be expunged. A hearing is set for July 23.

        Federal prosecutors also could seek criminal charges under civil rights statutes. But a spokesman for the U.S. Attorney's Office said Thursday the U.S. Department of Justice has not yet asked for that.

       



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