Andrew Rutherford, Alleged Victim of Police Assault, Asks Judge to Remove SPD Lawyers

Rutherford

A man suing Seattle Police for false arrest and excessive use of force is taking the unusual legal tactic of asking SPD's longtime hired mouthpiece to be removed from the federal case. The Stafford Frey Cooper law firm has represented the department on a contractual basis for 40 years, and many court observers see it as one of the nation's top defenders of cops in trouble, led by veteran attorney Ted Buck.

In the case at hand, Andrew Rutherford, then 21, claims that after he was stopped for drunk driving in September 2007, his face was "smashed" against the pavement by then-Seattle police officer Jason McKissack, who was assisting an off-duty officer, Jon Chinn. Rutherford's case is one of more than a dozen currently active lawsuits filed against the SPD for alleged brutality.

Chin, in his personal vehicle, had followed Rutherford's Jeep with two passengers to West Seattle after seeing the vehicle run a red light at 2 a.m., weave down the street, and commit other infractions along the way. The officer caught up with the Jeep after the three had exited the vehicle and, after identifying himself, he said, ordered them to sit on the ground, awaiting the arrival of backup officers.

As one of the backup cars sped to the scene, Rutherford got up and, Chin says, came running at him. Chin tried to take him down with a neck hold, but needed assistance by the just-arrived McKissack. Rutherford says McKissack put his knee on Rutherford's neck to hold him down and cuff him, causing unnecessary injuries to Rutherford's face and head.

He also told then-P-I columnist Robert Jamieson Jr. that he was "showered with blows." In court papers, however, police cite witness depositions stating Rutherford was not struck by the officers. But a photo does show Rutherford suffered a bloody, bruised, and punctured forehead.

Rutherford says the reason he ran toward Chin was because he thought the fast-moving police car was going to hit him where he sat. But police say Rutherford ran in the direction the car was arriving. The officers were subsequently exonerated by a police internal investigation. McKissack was medically retired from the Seattle Police Department last year due to brain injuries he sustained when assaulted in the line of duty in 2008.

In 2009, Rutherford filed a lawsuit in U.S. District Court accusing McKissack, Chin, and several other officers of abuse. He later dropped the tort claims against the individual officers, but kept their names on the suit as he continued to sue the city for damages. Trial is set for May.

Last month, Rutherford's attorney, Jay Krulewitch, moved to disqualify the city's defense counsel, claiming their representation of both the police officers and the city was a conflict of interest. Citing other federal rulings, Krulewitch maintains that Stafford Frey attorneys Buck and Tobin Dale are conflicted because the city and the officers have taken different positions in the case, which may be advantages to one party but not the other.

But Dale recently told the court that Rutherford's timing was questionable: "The motion reveals it was brought solely to obtain a tactical advantage. He does not wish to try this case against defense counsel in May."

Additionally, Dale says, the city is required by law to support and indemnify the officers if found liable. "There also is no conflict of interest amongst the officers." Their testimony is uniform, he says, and "the officers have agreed in writing to joint representation and have waived their right to complain about it. Consequently, no conflict of interest exists in this case." A ruling is expected soon.

Follow The Daily Weekly on Facebook and Twitter.