Law enforcement smacked with lawsuit
Former sheriff's office captain says rights violated in investigation
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A former suspect in the Sally Blackwell murder says law enforcement violated his civil rights and he must sue to keep others from suffering the same dilemma.
Attorney Rex Easley Jr. filed a complaint on Tuesday for Michael Buchanek, a former sheriff's office captain under previous sheriff Michael Ratcliff, citing that law enforcement unlawfully issued a search warrant for Buchanek's home and car. Law enforcement said he was one suspect in the Blackwell killing.
Blackwell, a 53-year-old Victoria Child Protective Services worker, was found dead on March 15, 2006. Jeffrey Grimsinger, 25, pleaded guilty to her murder Jan 11.
The complaint additionally faults law enforcement policy, custom and practice for contributing to the unlawful search warrant. Easley said Buchanek is suing the city and county to make sure no one else's civil rights may be violated in the future.
"I intend to prove that the things law enforcement said to support the search warrant are not true," Easley said. "We believe they were reckless in what they did and ruined a man's life."
Easley filed the suit against the city of Victoria, former Chief of Police Richard L. Jones, police detective Sam Eyre, Sheriff T. Michael O'Connor, deputy sheriff Tom Copeland, deputy sheriff Tony Daniel and Fort Bend County deputy sheriff Keith Pikett.
Easley said law enforcement focused on Buchanek, who returned from training Iraqi police before his home was searched in March 2006. The affidavit for the search warrant stated bloodhounds from Fort Bend County Sheriff's Office traced the scent of Blackwell and the surrounding area "directly to the residence of Michael Buchanek."
Easley plans to prove that what officers swore the bloodhounds did was impossible and by countering other sworn statements, plans to prove no probable cause existed.
City attorney David Atmar Smith said that if drug dogs traced a path to Buchanek's home, rightly or wrongly, it still constituted probable cause. Smith said he will be of counsel in this case, but cannot comment further until he learns more details.
Smith also questioned why Buchanek would not have worked to change policies while he was high-ranking in the sheriff's office.
"We'll have to see what the facts show," Smith said.
Buchanek was a "person of interest," Sheriff T. Michael O'Connor said. He said the investigation didn't focus primarily on Buchanek.
O'Connor said he never mentioned Buchanek taking any role in the Blackwell case and that a news reporter named him as part of a question in a press conference.
"There were a number of persons of interest," O'Connor said. "We went through the process of elimination, then focused on the final, which was Mr. Grimsinger."
Although O'Connor was named executor of Buchanek's estate while he was in Iraq, the sheriff said when Buchanek became a person of interest, he maintained "absolute objectivity."
"It was just as important to prove one's innocence as one's guilt," O'Connor said. "That was what we pursued no matter who was on the list, including him."
Easley said he would challenge "reckless statements" made by law enforcement, leading to his client being harassed, seized and evicted from his home and placed under surveillance.
"As American citizens, we rely on the constitution to protect from this type of thing," Easley said.
Tara Bozick is a reporter for the Advocate. Contact her at 361-580-6504 or tbozick@vicad.com, or comment on this story at www.VictoriaAdvocate.com.
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Comments
Grimsinger confessed but wasnt he being raped by ratcliff? Ratcliff is a threat to the children of victoria.How could he get away with what he did? PROBATION!!
August 6, 2009 at 2:20 a.m.The dog scent was a ruse all along. Law enforcement was going on a hunch, a guess, and pure speculation in seeking the search warrant. It was clearly a fishing expedition born of the intense public interest in the Blackwell murder.
August 3, 2009 at 1:03 p.m.what ever happen to this case???? All we hear is about the 'leaking of information' about the 3 city officials. What happen to Buchanek's link to this???? especially when dogs went to his house.
August 3, 2009 at 12:02 p.m.remember all this next election time!
July 12, 2009 at 10:58 a.m.stingaree--
Couple of questions or so for you-
You think Grimsinger didn't do it?
You think Buchanek is due some sort of compensation for being a suspect in a murder case? Is that because he was eventually found to not be so interesting?
I know that he and his attorney believe that his civil rights were violated when his stuff was searched, etc., during the investigation, but wouldn't that be the case for ALL suspects in ALL cases?
If so, then all suspects who are eventually ruled out get to sue law enforcement?
July 12, 2009 at 8:08 a.m.I hope Buchanek gets into the courtroom with his charges. It could open the door into the rest of the Blackwell case. When the sheriff couldn't frame him, they turned their attention to Jeffrey Grimsinger.
July 12, 2009 at 2:20 a.m.I hope this keeps going, until the murderer is found.
This is another example of law enforcement being more concerned with finding someone -- anyone -- rather than finding the RIGHT one to accuse. I do have to wonder, however, how often Buchanek did the same thing when HE was on the other side of an investigation. Those due process requirements are a lot more valuable when it is YOU the cops are targeting. I hope he wins.
May 28, 2009 at 9:47 a.m.