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Attorney Says Police Chief Mistaken: Fresno Officers' Lawyer Criticizes Dyer, Defends Clients in Force Case.

Posted on: Friday, 24 February 2006, 12:00 CST

By Pablo Lopez, The Fresno Bee, Calif.

Feb. 24--An attorney for two Fresno police officers accused of using excessive force during an arrest said Thursday that Chief Jerry Dyer made a mistake in giving the officers termination notices.

"These officers did nothing wrong," Fresno lawyer E. Marshall Hodgkins III said of his clients, officer Sean Plymale and Sgt. Michael Manfredi. "Once all of the facts are revealed, they will be recognized as heroes."

Dyer said Thursday that four officers remain on paid leave in connection with the Oct. 10 arrest of Rolando Celdon. The chief declined to identify the officers or say whether they have been given termination notices.

Police reports, however, say Plymale and officers Chris Coleman and Paul Van Dalen punched, kicked and shot Celdon with a Taser and a less-lethal weapon. Plymale's police dog, Tymo, also bit Celdon. Manfredi was the supervising sergeant.

Two months after his arrest, Celdon pleaded no contest in Fresno County Superior Court to felony stalking and misdemeanor battery in connection with an assault on his girlfriend. He was sentenced to 270 days in jail, attendance in a batterer's treatment program and three years of probation.

Dyer began an internal affairs investigation after other officers who watched the arrest of Celdon said the arresting officers did not act appropriately. The District Attorney's Office is conducting its own investigation to determine whether criminal charges should be filed.

Efforts to speak with Coleman and Van Dalen, and their Sacramento-based attorney, were unsuccessful.

Hodgkins said he is befuddled by the termination letters because confidential internal affairs documents exonerate Plymale and Manfredi of using excessive force. Hodgkins said he could not speak for Coleman or Van Dalen.

Though some officers have criticized the arresting officers, Hodgkins said, other officers at the scene found nothing wrong with the officers' actions.

Manfredi and Plymale are highly trained and decorated officers who have been assigned to some of the toughest areas of Fresno, Hodgkins said.

Hodgkins said he believes he is fighting an uphill battle because Mayor Alan Autry supports Dyer's decision to fire the officers and the city has already reached a financial settlement with Celdon.

In addition, Dyer has told reporters that he was proud of the officers who saw Celdon's arrest and reported the incident to their superiors.

Dyer, in response said: "Out of fairness and respect to those individuals subject to this personnel investigation, it is imperative that we reserve judgment or comment until the matter is resolved."

The reporter can be reached at plopez@fresnobee.com or (559) 441-6434.

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Copyright (c) 2006, The Fresno Bee, Calif.

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Source: The Fresno Bee

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