Cristino Hernández Protests

CRISTINO HERNÁNDEZ TIMELINE (narrative by Cynthia Stone based on articles published in the Worcester Telegram & Gazette)

July 6, 1993: Cristino Wilfredo Hernández, 38 years old, of 1 Clarkson Street Worcester, goes into a coma as Police Officers David Reidy and Christopher McIness are arresting and restraining him. In a videotape of the final part of the arrest by a sister, Hernández, already handcuffed and with a bloody welt on his right eye, is flipped onto his stomach, his arms twisted behind his back. Reidy then presses his right knee into the small of his back and his left knee to his upper back and neck. McIness, after calling for a wagon on a portable radio, drops with both knees onto Hernández´s lower back and buttocks, eliciting a groan, and shackles Hernández´s ankles. His feet and legs move for about 15 seconds, then he falls still for the remaining 3 minutes and 10 seconds. The officers remain on Hernández for a total of 4 minutes and 5 seconds. Noelia Chafoya and another sister, Paola Rolón who, along with their mother, Elisa Quintanilla, can be heard shouting at the officers in the videotape, are subsequently arrested for disorderly conduct after two other officers, Robert Lamprey and William Chanis, arrive in the police wagon. Lamprey, concerned that Hernández´s breathing is “very shallow,” calls for an ambulance. Upon arrival, the paramedics determine that Hernández is not breathing and he is in cardiac arrest. Hernández is charged with two counts each of assault and battery on a police officer and assault and battery with a dangerous weapon (shod foot and plastic pipe) and single counts of assault with a dangerous weapon (plastic gun), being a disorderly person and malicious mischief. Neighbors had complained of a man looking into their first floor window and tapping on the screen.

Other information on Hernández: At the time of his death, Cristino Hernández was working at the T & G mailing room in Millbury. He was born in Sonsonate, El Salvador, and raised in Cuisnahuat, a small farming village in the Salvadoran hill country, during the civil war between the military government and the FMLN. He worked hard from the age of 10, mostly in agriculture, and had planted a vegetable garden in the back of his house at 1 Clarkson Street. In 1993 he had lived in Worcester for about seven years. He was the oldest male in a family of eight children, a devoted uncle who liked to play board and card games with his family and watch pickup soccer games in Grove Street park by a team of mostly Salvadorans. While he was trying to learn English from a cassette language tape, he spoke very little English. He had been arrested twice previously, for kidnapping in 1991 and trespassing in 1992, but the charges were dropped. He was diagnosed with bipolar disorder during a court-ordered evaluation at Bridgewater State Hospital in 1992. Although his status should have been reviewed after 30 days, he was kept there for over eight months.
QUOTE from co-worker Oscar Ruyes: “He would only speak when spoken to.”
QUOTE from Gilberto Alvarenga, who grew up with H: “He wasn´t trying to fight the police. He was scared to death of them.”
QUOTE from public defender Margaret Guzmán: “He got lost in the system […] The big problem was that no one lawyer was keeping an eye out for him.”

July 8, 1993: A lawyer for the Hernández family, Héctor E. Piñeiro, informs the press that he has contacted the Office of U.S. Attorney A. John Pappalardo to call for an investigation and that he also intends to contact the state Attorney General´s Office.

July 9, 1993: Police Chief Edward P. Gardella tells the Telegram & Gazette that the department´s investigation has not uncovered any wrongdoing by the arresting officers, who have not been relieved of duty. Gardella also affirms that toxicology tests on Hernández were negative and that he had not regained consciousness, but was in “fair” condition. Family lawyer, Héctor E. Piñeiro, counters that Hernández has “severe brain damage” and “the prognosis remains extremely poor for any meaningful recovery.” The account of events in Officer Reidy´s police report, according to which Hernández resisted arrest, struggled violently and kicked him and Officer McInnes in the groin, differs from accounts by family members. According to sister Paola Rolón and mother Elisa Quintanilla, a police officer forced his way into their home and struck Hernández repeatedly in the head with an object he removed from his belt while Hernández sat in a living room chair. They say the officer and another who accompanied him punched and kicked Hernández after his hands had been handcuffed behind his back and he had been sprayed with a Mace-like substance.

July 13, 1993: In a closed two-hour meeting in the office of City Manager William J. Mulford,

the family of Cristino Hernández presses for a city-initiated, independent investigation

outside the Police Department. Family members and their lawyer, Héctor Piñeiro, meet with

Mulford, Police Chief Gardella, and City Solicitor Gary S. Brackett to tell them their version of

events and show them the videotape. According to Piñeiro, a medical report indicates that

the brain damage suffered by Hernández was the result of oxygen deprivation: “He was

deprived of oxygen for a very significant period of time […] The issues here are, did the police

use excessive force, as the family clearly suggests they did and, secondly, was there a delay

in providing medical attention?”

July 14, 1993: The Worcester Area Rainbow Coalition, Worcester County Clergy and Laity

Concerned and Low Income People United hold a press conference outside Police

Headquarters to address the issue of police brutality. Officers Reidy and McIness are placed

on paid administrative leave pending the results of an investigation by the Police Department´s Internal

Affairs Division.

July 15, 1993: A public meeting is held at Centro las Americas, 11 Sycamore St., to discuss

the Hernández case and call for the formation of an independent citizen review board.

July 16, 1993: Hernández dies at 12:40 p.m. at St Vincent Hospital after being in a coma for

10 days. Community leaders express condolences to Hernández´s family and ask Worcester

residents to maintain calm.

July 17, 1993: Piñeiro calls on District Attorney John J. Conte to drop the charges against

Hernández´s sisters, Noelia Chafoya and Paola Rolón: “Obviously, my clients would be

extremely reluctant to volunteer any information to the district attorney if that information

will be turned around and used against them at the September 9 trial.” Few people

interviewed by the Telegram & Gazette in the Clarkson Street neighborhood say they believe

the police version of Hernández´s death. Most are convinced that he was attacked by the two

officers making the arrest.

July 20, 1993: Over 500 people sign the register book at a wake for Cristino Hernández held

at Centro las Americas. The Community Peace Coalition for Civil and Human Rights, formed in

response to the tragedy, requests the charges be dropped against Hernández´s sisters and

makes five other demands in writing to Police Chief Gardella and City Manager Mulford: 1.

creating a way for citizens to review complaints against the police; 2. establishing a response

team to help on issues such as the Hernández case; 3. the immediate development of plans

for multicultural sensitivity training for police officers; 4. an independent investigation of the

arrest; and 5. suspension of the police officers involved. Coalition members ask a

representative of the U.S. Justice Department to help them get the chief and city manager to

respond to their requests in writing.

July 21, 1993: About 60 people accompany the casket bearing Hernández´s body to St Paul´s Cathedral

for the funeral Mass. The eulogy is delivered by the Rev. Joseph Mahoney, assisted by the Rev. Michael

Bafaro, and Deacon Francisco Escobar. The 175 or so people in attendance include Councilor-at-Large

Konstantina Lukes and District 4 Councilor Janice Nadeau. Cristino Hernández is buried in Hope cemetery.

August 24, 1993: Criminal charges are dropped against Hernández´s sisters, Paola Rolón and

Noelia Chafoya, due to insufficient evidence after a review by District Attorney Conte and

Special Prosecutor Thomas F. McEvilly. According to the sisters, they were arrested after

“demanding medical care” for Hernández.

QUOTE from Piñeiro: “I think the videotape speaks for itself. It clearly shows a tremendous

inconsistency between what you view and what is in the [police] report.”

September 21, 1993: Police Chief Gardella announces a new policy for restraining prisoners

that prohibits police from pinning or placing a lot of weight on a prisoner and cautions

officers to watch for signs that a prisoner is about to lose consciousness or stop breathing.

Officers who find it necessary to use both handcuffs and leg restraints on a person are

required to ensure that the person can breathe freely by placing the subject on his or her side

or in a sitting position.

September 22, 1993: Deputy Medical Examiner Joann Richmond reports that Hernández´s death was

related to how he was restrained by the two officers, resulting in “encephalopathy (swelling of the brain) due

to respiratory compromise during physical restraint.” The D.A.´s Office is investigating whether there was

any criminal wrongdoing by the two arresting officers. The death is also under investigation by the FBI and

the Internal Affairs Division of the Worcester Police Department, although the latter is on hold in

deference to the Conte investigation. Earlier in the week, members of the Justice for

Cristino Hernández Committee said that the local investigations were taking too long and

have called on Attorney General Scott Harshbarger to investigate. Lawrence J. Turner, a

mediator with the Community Relations Service of the U.S. Department of Justice, has

worked with members of the community and city officials to keep the two sides talking.

November 8-13, 1993: Judge Patrick A. Fox holds a four-day inquest (a quasi-judicial

investigatory proceeding during which a judge hears sworn testimony concerning a death in an

effort to determine whether any unlawful act has been committed) into the death of Cristino

Hernández in Clinton District Court, with protestors gathered outside to protest Hernández´s

death and Worcester police officers to provide moral support for Reidy and McIness. While

inquests are closed to the public and media, the judge also imposes a strict gag order,

prohibiting those participating from discussing the proceedings outside the courtroom. In an

impromptu press conference, Police Chief Gardella expresses confidence in the inquest

process. Testimony is taken from six Hernández family members, including Hernández´s

mother, Elisa Quintanilla, brothers Gabino and Melvin Hernández, sisters Noelia Chafoya and

Paola Rolón.

December 23, 1993: District Attorney Conte announces that no charges will be filed against

Officers Reidy and McIness, based on the findings of a 42-page report by District Court Judge

Fox that no criminal act was involved and the officers “acted in good faith.” The report

notes that the arresting officers “used more force than was reasonable or necessary under the

circumstances” and “the lack of oxygen which eventually proved fatal in this instance

occurred because the weight or pressure on Hernández, combined with the positioning of his

arms over his head, precluded him from breathing adequately.” Nevertheless, the report

concludes that the officers did not intend to harm Hernández, blaming his death on “a tragic

error in judgement” compounded by the confusion of the moment and diminished physical

capacity of Reidy. According to Judge Fox, “the actions or omissions of Reidy and McIness do

not, in my view, constitute wanton or reckless conduct under the law.” The two officers will

continue on paid administrative leave until the end of an internal affairs investigation of the

circumstances surrounding the death. Conte did not notify the family before making the

announcement. The family plans to file a civil lawsuit against the two police officers and the

city charging gross negligence and violation of Hernández´s civil rights. The issue of civil

negligence was beyond the scope of his report, according to Judge Fox.

QUOTE by Piñeiro: “This is an affront and a dark chapter in the annals of our court system….

If the conduct of these two officers did not constitute a crime, I would like to know the

meaning of the word ´crime´…. To say that you can go back to the force is shocking and

preposterous. They are a public menace.”

QUOTE by Worcester mayor Jordan Levy: “These two officers have suffered as much as

anyone can imagine. These are two good guys who certainly did not intend for this to

happen. They are exemplary officers.”

December 27, 1993: At a meeting at Centro las Americas, Gordon Davis of the Cristino

Hernández Committee states that “the police used excessive force to kill someone. Excessive

force is sufficient grounds for firing.” In a halting voice, Hernández´s mother, Elisa

Quintanilla, reads from a letter she wrote in Spanish to President Clinton detailing her version

of the arrest of her son and calling for justice. The letter, along with a translation into

English by Isabel Marinus, was sent to Clinton along with a copy of the video recording of the

last minutes of Hernández´s life. In the letter, Quintanilla says, “I don´t want another mother

to go through what I went through” and asks Clinton “to respond to the chief of police in

Worcester because they do not listen to me.” She also says she is still suffering soreness in

her shoulder that was hit when police burst through the door to the family´s apartment.

Quote from Juan A. Gómez, candidate for City Council in the November election: “People

should remember the district attorney is an elected official.”

December 28, 1993: About 30 supporters from the Justice for Cristino Hernández

Committee call for a federal investigation of his death. The committee circulates a petition

and urges people to attend the January 4 City Council meeting to push for the creation of an

independent civilian review board of police activities and punishment of the two arresting

officers.

QUOTE from Francisco Ojeda: “Call city officials and demand justice. Given what happened

in this case, it is impossible for there not to have been something wrong.”

December 31, 1993: According to S. Theodore Merritt, an assistant U.S attorney in Boston,

federal law enforcement officials are continuing their review of the death of Cristino

Hernández to determine if there were criminal violations of his civil rights. The FBI and the

civil rights division of the U.S. Department of Justice in Washington are also involved in the

review.

February 10, 1994: Members of the Justice for Cristino Hernández Committee protest across

from police headquarters at Lincoln Square, calling for the completion of the internal

investigation and for the dismissal of the officers who arrested Hernández.

QUOTE from the Committee: If the chief does not dismiss Reidy and McIness, his action

“cheapens all our lives, especially the lives of people of color.”

In November, the lawyer for the estate of Cristino W. Hernández files a claim with the city for

$11.2 million in damages, charging negligence, wrongful death and violation of civil rights.

Acting City Solicitor David M. Moore says he has six months from the filing to make a decision

as to whether the city would approve the claim.

February 14, 1994: Police Chief Gardella releases a report finding no basis for disciplinary

action against Officers Reidy and McIness, based on an internal police investigation. The

officers are scheduled to return to active duty in a few weeks.

QUOTE from Noelia Chafoya: “It did not surprise me. They have been covering things up from

the beginning…. I have spoken to a lot of people and everyone believes if they get away with

it now, they will get away with it again.” Chafoya says even though her native country, El

Salvador, has a reputation for excessive police force, she never witnessed anything there like

what happened to her brother.

QUOTE from Gwen Davis, member of the International Committee Against Racism: “I´m pretty

angry about it… It smacks of collusion and a cover up from City Hall to the district attorney to

the police station.”

QUOTE from Juan A. Gómez on behalf of concerned community members: “We are

disappointed with the outcome. We feel like the system has betrayed us.”

QUOTE from Santos Navarro, owner of Santy´s Superette: “Maybe when somebody does

something and the law doesn´t do anything, maybe Spanish people will do something.”

March 9, 1994: The Justice for Cristino Hernández Committee meet in Boston with Donald

Stern, a federal attorney and present him with petitions signed by almost 900 people asking

the Justice Department to bring the case to court. According to Gordon Davis, spokesperson

for the group, during the taped conversation between the arresting police officers, McIness

asks Reidy to check on Hernández´s breathing, after which they continue to apply pain

compliance techniques despite his lack of resistance, thereby showing mal intent. The

conversation was not discussed at the inquest and District Attorney Conte would not allow the

committee to bring it up during their talks with him.

April 4, 1994: Mother Elisa Quintanilla and sister Paola Rolón file a civil suit in Worcester

Superior Court seeking damages in connection with Cristino Hernández´s death. Named in the

suit are police officers Reidy, McIness, and Lamprey, Police Chief Gardella, and the city of

Worcester. They also ask the court to stop the Worcester Police Department from using the

arm block hold that Reidy and McIness used on Hernández and seek a declaration that certain

current police practices and procedures are illegal and unconstitutional. According to the

suit, the Worcester Police Department “had a custom and practice of arresting, punishing and

beating Hispanic Americans and members of other racial and ethnic minorities more severely

than other citizens.” The lawyers filing the suit are Héctor E. Piñeiro of Worcester and Jerrold

C. Katz of Boston. Acting City Solicitor David P. Moore says that he has not been served with a

copy of the suit, but he will respond to it.

February 2000: Worcester agrees to pay $400,000 to the family of Cristino W. Hernández.