http://law.jrank.org/pages/3568/Malice-Green-Beating-Death-Trials-1993-2000.htmlMalice Green Beating Death Trials: 1993-2000
Defendants: Larry Nevers, Walter Budzyn, Robert Lessnau
Crimes Charged: Nevers and Budzyn: murder; Lessnau: aggravated assault
Chief Defense Lawyers: Carol Stanyar, James Howarth, Michael Batchelor, John Goldpaugh
Chief Prosecutor: Kym Worthy
Judge: Robert W. Crockett Ill
Place: Detroit, Michigan
Dates of Trials: First trial: JuneAugust 1993; Budzyn retrial: April 1998; Nevers retrial: March 2000
Verdict: Nevers and Budzyn: guilty of second-degree murder; Lessnau: not guilty
Sentence: Nevers: 12-25 years imprisonment; Budzyn: 8-18 imprisonment
SIGNIFICANCE: Shortly after the riots in Los Angeles over the Rodney King beating, the nation watched expectantly as three white police officers stood trial for the assault and murder of a black man in Detroit. Unlike what happened in Los Angeles, two of the officers were convicted of murder.
During the evening of November 5, 1992, Malice Wayne Green, a black, unemployed steelworker, stopped his car to drop off a friend at a house in the inner city of Detroit, Michigan. He was observed by two white police officers, Larry Nevers and Walter Budzyn, who were working under cover and who suspected the location was a drug house. They ordered Green to get out of his car. When he refused, they radioed for backup help; then they dragged him out. Noticing that Green kept one fist clenched, the officers ordered him to open it. When he balked, they started beating his fist with their heavy metal flashlights.
While the policemen were beating Green, five additional officers arrived in response to the backup call. By then, it was later alleged, Nevers and Budzyn were hitting Green on the head with their flashlights. One of the five, a white officer named Robert Lessnau, joined in the beating. Another, Sergeant Freddie Douglas, who was the ranking officer at the scene, and who was black, did not participate in the beating; neither did he intervene to stop it.
Malice Green, 34, died that night. The next day, Detroit Police Chief Stanley Knox suspended Nevers, Budzyn, and the five backup officers from the police force without pay. An autopsy a few days later revealed that Green had died of a torn scalp and as many as 12 to 14 blows to the head, and that he had both cocaine and alcohol in his system at the time of his death. On November 16, Wayne County Prosecutor John D. O'Hair charged officers Budzyn and Nevers with second-degree murder. Sergeant Douglas was charged with involuntary manslaughter and willful neglect of duty for failing to stop the beating, and Officer Lessnau was charged with aggravated assault. All four pleaded not guilty. The three other officers were kept on indefinite suspension, but prosecutor O'Hair said he did not have enough evidence to charge them with a crime.
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