GOOD HOPE STREET MELEE: OFFICER QUESTIONED AT TRIAL ON INJURIES

HILLSBORO -- A defense attorney Wednesday cross examined a police officer who claims a Cape Girardeau man assaulted him, questioning the injuries the officer said he suffered in the attack.

During prosecution questioning on Tuesday at the trial for Kenneth Campbell, Cape Girardeau policeman Rollin Roberts said the defendant and his brother, Greg Campbell, had stomped on him while he was down approximately 30 times with most of the blows landing on his head.

Defense attorney Charles M. Shaw questioned how, if Roberts suffered as many blows as he claimed, Roberts does not appear injured in a videotape of the incident and why a hospital report makes no mention of the injuries.

The attack took place in the early morning hours of June 11 in the 300 block of Good Hope Street, near the Taste Lounge in Cape Girardeau. The incident escalated into a civil disturbance involving 150 people, according to police estimates. Several officers were injured.

Kenneth Campbell, 35, of Cape Girardeau is charged with assault of a law enforcement officer, a felony, and interfering with an arrest, a misdemeanor. The latter charge is for allegedly preventing police from arresting Greg Campbell on a noise ordinance violation.

The trial, which began Tuesday, is being held at the Jefferson County Courthouse on a change of venue.

The second day of testimony began with the prosecution showing a videotape of the last few minutes of the incident. The tape was taken by an unknown onlooker at the scene. Roberts and other officers testified that they noticed the camera at a point in the incident prior to what is captured on tape.

The tape begins with Kenneth Campbell being escorted by Roberts and other officers to a patrol car. Crowd members can be heard shouting obscenities at the officers.

"Why is it when we see you taking him to the car there is no sign of any blood on you; no signs of any trauma whatsoever?" Shaw asked Roberts.

The officer replied "Because I was able to defend myself."

Shaw also asked Roberts why a hospital report from St. Francis Medical Center lists no visible signs of trauma anywhere on his body. Roberts went to the hospital to be treated shortly following the incident.

Roberts said he had not seen the report. Roberts testified he suffered bruises to his face, arms, hands, ribs and buttocks and a cut to his inner lip.

Roberts said the Campbell brothers stomped on him 15 times each, aiming for his head and putting him in fear for his life. Shaw wondered how Roberts, after suffering such a brutal attack, was able to quickly recover and help chase down and subdue Kenneth Campbell.

Cape Girardeau County prosecutors maintain Greg Campbell, for no reason, verbally assaulted and threatened Roberts and finally attacked him. Kenneth Campbell then arrived and joined in the physical assault, they say. The two men eventually stopped the attack. Greg Campbell disappeared into the nearby crowd that had gathered, while Kenneth Campbell fled down an alley where he was apprehended.

The defense claims it was Roberts who attacked Greg Campbell and that Kenneth Campbell merely came to the aid of his brother after being told he was involved in an altercation with police.

Several other Cape Girardeau policemen testified to various aspects of the incident, including witnessing the Campbells assaulting Roberts. None of the officers said they heard any use of racial slurs by police. The Campbells are black. All the officers who responded to the scene are white.

Shaw asked officer Steve Peterson why he had in an earlier deposition said he heard an obscenity-laced racial slur. Peterson said he must have misunderstood the question. He heard an obscenity, but no racial slur, he said.

Testifying for the defense, Greg Campbell gave his version of events, which is starkly different from Roberts'. On May 19, a Boone County jury acquitted Campbell of two felony counts -- assault of a law enforcement officer and resisting arrest -- stemming from the incident.

Campbell said he was crossing the street after leaving the Taste Lounge when Roberts' patrol car rapidly accelerated and nearly ran Campbell down. Roberts denied this, but a defense eyewitness corroborated that part of Campbell's story.

Campbell got into his own vehicle, followed Roberts as he circled around the block and signaled the officer to pull over. Campbell then complained about Roberts' driving. The officer grew angry at being challenged, was verbally abusive with Campbell and eventually sprayed him with Mace while Campbell was still in his vehicle. At no time was he told he was under arrest.

After Campbell exited the vehicle, Roberts struck Campbell in the head with his baton and sprayed him again. Campbell knocked Roberts to the ground with a kick to defend himself and held the officer down with his foot to keep him from attacking. Bleary-eyed from the pepper spray, Campbell heard -- but did not see -- his brother.

Campbell then left the scene and was taken to St. Francis, where he received 13 stitches to a cut just above his left eye. The jury was shown photos of Campbell's injuries, which included numerous bruises to his arms and hands.

Other defense eyewitnesses also testified to seeing police physically strike the Campbell brothers. None said they saw either of the brothers attack police.

The trial is scheduled to run through Friday but could go to the jury this afternoon.

If convicted, Kenneth Campbell faces a maximum penalty of life in prison on the assault count and a year in jail and a $1,000 for interfering with an arrest.

Marc Powers may be contacted in Jefferson City at (573) 635-4608 or by e-mail at mppowers@socket.net.