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Lawsuit Sparks Debate Between Cops, Gay Community

Officers On Desk Duty Pending Internal Affairs Investigation

POSTED: Wednesday, February 10, 2010
UPDATED: 9:01 am EST February 10,2010

A pending lawsuit by a gay man against the city of Miami Beach and its police department sparked the dialog Tuesday between the police chief and representatives of the city’s gay business enhancement committee.

“Perception is reality,” said Chief Carlos Noriega after the meeting. “There is a feeling in the community that the police department is not being as sensitive to the gay and lesbian community as it should be.”

The chief addressed the group a week after receiving notice from the American Civil Liberties Union that a gay tourist was planning to file a federal civil rights suit against the city and the department.

Harold Strickland, who was visiting Miami Beach from Los Angeles last March, alleges two undercover police officers patrolling Flamingo Park arrested him on trumped up charges, roughed him up and threatened him, while spewing hateful words about homosexuals.

His initial encounter with the officers is recorded as part of a 911 call he made to report officers unnecessarily hurting a man they were arresting for loitering.

“They pushed this guy down on the ground, the one cop did. And then the other cop came up as if he was kicking a football and kicked the guy in the head,” Strickland told the dispatcher. “Now they're coming after me, just so you know."

Before the cell phone connection ends, the officers are heard asking Strickland why he is on the street, where he lives and asking for his identification.

The officers charged Strickland with loitering, a charge which has since been dropped.

Cell phone records show Strickland was speaking to his sister and the 911 dispatcher at the time officers report seeing him lurking around six parked cars and trying to open their doors.

Chief Noriega acknowledged there are discrepancies in the officers’ actions and statements about Strickland’s arrest. The two officers, Elliot Hazzi and Frankly Forte, were put on desk duty during an internal affairs investigation.

In his lawsuit, Strickland alleges his experience is not an isolated incident, but a pattern of action by Miami Beach police.

That allegation surprised Noriega, who regularly does outreach into the city’s minority communities.

“I review every Internal Affairs report,” Noriega said. “I have not seen a disturbing pattern. I have not seen issues or problems. And I think as far as gay and lesbian community is concerned, we do a lot of discrimination training, sensitivity training.”

Robert Rosenwald, who sits on the city committee, recused himself from Tuesday's meeting because he is one of the lawyers representing Strickland in the case pending against the city

“What’s different about the Strickland case is, we have a tape recording proving it and a client willing to come forward and talk about it. Those are two rare circumstances. So make no mistake, this is not an isolated incident,” Rosenwald said.
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