Aug. 21, 2006 – After months of considering evidence, hearing witness statements and dealing with motions filed by both prosecution and defense, the trial of Police officer Earl Rogers came to an end Monday, as Superior Court Judge Brenda Hollar found Rogers guilty on charges of disturbing the peace, aggravated assault and battery, and making a false arrest.
Rogers, charged with assaulting movie usher Gretta George at Market Square East Cinemas last July, will be sentenced on Sept. 22. According to Assistant Attorney General Nolan Paige, the assault charge carries a fine of $500, up to one year in prison or both, while a charge of disturbing the peace carries a fine of not more than $100, one year in prison or both.
Making a false arrest carries a fine of up to $200, up to one year in prison or both.
During Monday's hearing Paige, one of the prosecuting attorneys, prefaced his closing argument by describing Rogers as a "cop who found himself in a mess, and then tried to clean it up by making a false arrest."
Paige supported this claim by recalling statements made at a hearing last Friday by witnesses Teri Golden and attorney Carl Richardson, who said that Rogers pushed George "violently" in the chest after she "asked him politely" not to exit through the entrance door of the building.
At the time, the two witnesses testified that the "push" had enough force to send George "flying" out the doorway and approximately 15 feet across the sidewalk, so that George's hands and head were hanging onto the adjacent roadway.
Richardson said he recalled Rogers as looking like someone "who has been off his meds," as Rogers "violently" pushed George after having been told to exit through another door.
During Monday's hearing, Paige used this statement to support the fact that Rogers' actions almost "caused a riot" at the theater by engaging in "tumultuous and malicious" behavior that could have harmed not only George, but other movie patrons as well.
Hollar seemed to agree with Paige's assessment, even though defense attorney Judith Bourne argued that public opinion about Rogers has been based on "assumptions" and exacerbated by news reports about the trial. She said that many people at the theater on the night of the incident did not actually see what happened, but rather "subconsciously" filled in the details of the incident based on their beliefs.
"The brain subconsciously fills in what you believe happened," Bourne explained. "And the people that night believed that he assaulted her, even though they didn't actually see what happened."
Bourne added that George's medical records show no evidence of injury, or that she was in pain after being pushed onto the sidewalk.
Bourne also argued that the false arrest charge is defective, since an arrest was never made.
Hollar disagreed and said that while George was never "booked," she was told by Rogers at the theater that she was being placed under arrest. "He also placed handcuffs on one of her hands," Hollar said. "And according to the law, if a person is detained, even for a short period of time, then they are under arrest."
While Bourne discredited statements made by Golden and Richardson, Hollar ruled that the two witnesses had no "reason to embellish the truth," since they did not, at the time, have close ties to either George or Rogers.
Because of these reasons, Hollar said she was ruling in favor of George, and would be sentencing Rogers later next month.
George was in tears after the hearing, saying that she was glad the trial was over and she was satisfied that "justice had been done."
Paige and fellow prosecuting attorney Brenda Scales shared George's opinion, and said they were "very satisfied with the verdict."
Bourne and Rogers, however, said they were "very, very disappointed."
No one could disclose whether Rogers will be retaining his position as an officer at the Virgin Islands Police Department.
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