By Timothy Cwiek
PGN Writer-at-Large
© 2008 Philadelphia Gay News
As the city’s Police Advisory Commission prepares to subpoena the District Attorney’s Office for records in its possession related to the Nizah Morris case, commission members expressed hope the effort will improve relations between police and the LGBT community.
“This [subpoena] certainly won’t hurt police-community relations,” said William M. Johnson, executive director of the PAC. “And I hope it will continue to build trust between the two groups. Anything that can contribute to a better relationship between the police department and the community is a good thing.”
At press time, Johnson said issuance of the subpoena was expected to take place within the next few days.
Morris was a transgender woman who died shortly after receiving a courtesy ride from Philadelphia police during the early-morning hours of Dec. 22, 2002.
Johnson said the PAC received a letter from the D.A.’s Office on Aug. 8, indicating it won’t cooperate with the subpoena due to investigative exemptions, privacy rights and other grounds.
Johnson emphasized that the PAC in no way wishes to interfere with any ongoing probe of the Morris homicide, nor does it wish to violate anyone’s privacy.
“All we’re looking for is additional information as it relates to what actions the three police officers took in their response to Nizah Morris that morning,” Johnson said. “We’re in no way trying to conduct a criminal investigation into the murder of Nizah Morris. We’re not doing that.”
The three officers involved in the Morris incident are Thomas Berry, Elizabeth DiDonato and Kenneth Novak. They remain on the police force, and were cleared of any criminal wrongdoing in December 2003.
Johnson said the PAC is particularly interested in any information the D.A.’s Office possesses concerning cell-phone conversations the officers had that morning.
“I think any cell-phone records, in particular, will help clear up suspicions or confusion surrounding the actions of police that morning,” he said.
Complicating matters is a claim by police that the entire Morris homicide file — consisting of multiple boxes — has disappeared, Johnson said; the missing homicide file is a key reason for the PAC’s effort to obtain additional records concerning the case.
Johnson also said it may be possible that the D.A.’s Office possesses information about several missing 911 transmissions recorded over police radio during the Morris incident.
Police say the transmissions no longer exist.
“We can at least ask the D.A. for information concerning these additional transmissions,” Johnson said. “I don’t know that the D.A.’s Office possesses that information, but we can at least try.”
Even if the D.A.’s Office follows through on its pledge to fight the subpoena in court, Johnson said he’s optimistic that the PAC will prevail in a legal battle.
“I think there’s a good possibility that we’ll be able to get at least the information that we’re looking for, and to review that in connection with the actions taken by the officers that morning,” Johnson said. “That’s the real focus on what we’re trying to do.”
The PAC also is considering more public hearings on the Morris case, but will not make a final decision until it reviews any additional documents obtained by the subpoena, Johnson added.
Kathleen R. Padilla, a local transgender activist, lauded the PAC for its commitment to the Morris case.
“The disappearance of Nizah Morris’ official homicide file causes deep consternation among so many community members,” Padilla said. “Anything the PAC can do to shine a light on this murky case will only serve to improve relations between the community, police and [the] D.A.’s Office.”
Morris was severely inebriated when police responded to a 911 call, canceled medics and decided to take Morris on a ride from Juniper and Chancellor streets to 15th and Walnut streets, where they purportedly thought she lived.
Minutes later, Morris was discovered by passing motorists lying on her back, unconscious and bleeding, at 16th and Walnut streets, with a fractured skull. She died two day later.
Timothy Cwiek can be reached at (215) 625-8501 ext. 208.
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