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"Justice Denied"
Larry Nevers at his 1993 sentencing

Click here for the latest newspaper articles updated November 16, 2006

April 1, 2001

Dear Supporters,

Please pray for Larry Nevers and his family. Larry is suffering from a cold which, thankfully, has not turned into a lung infection  so far. Meanwhile Larry's father-in-law suffered a stroke last week and is currently hospitalized. Larry's wife Nancy is in the process of moving.

Now for our announcements:  First of all, Radio Talk Show Host Mark Scott is virtually the ONLY media person to have supported Larry Nevers and Walter Budzyn from the very beginning back in 1992.  Since WXYT radio changed to an all sports format, Scott is no longer on the air. A very great loss for us all!  Now for the good news. A special event is being held to say "thank you" to Mark for all his support over the years and to help him kick off his NEW INTERNET SHOW. This will be the first time people have heard from Mark since they took him off WXYT.   BE THERE:

Brass Roots presents:

Mark Scott  www.markscottshow.com

Sunday, April 22nd at 2:00pm

At the Laurel Manor, 39000 Schoolcraft, Livonia:  734-462-0770

$10 donation at the door

Call Mike Hoban for more info.
 800-555-GUNS

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There is now a web site concerning fallen Irving (TX) Police Officer Aubrey Hawkins. Police Officer Hawkins was employed by the Irving Police Department, a large suburban outside of Dallas, TX, when he was gunned down by the infamous Texas Seven prison escapees. The web site in his honor is just getting started and can be accessed at:   www.aubreyhawkins.com. We've added this link to our website under "Other Cops" as well as our "What can you do?" page. Please take a look.

******************

I just finished reading "Shattered Badges, Broken Hearts." It is the true account of the murder of Detroit Police Officer Patrick Prohm and is written by Donna Arlene Wudyka, the back up officer who was standing shoulder to shoulder with Prohm when he was shot in the head by the driver of a stolen vehicle they had stopped. Although the shooter was also killed by Donna and her partner, the 2 occupants of the stolen vehicle were never charged in connection with the incident. A large amount of cocaine was found in the vehicle.

Wudyka tells of her terrible experience, then continues on to talk about the emotional trauma she endured afterward, and the disappointing lack of support she received from the Detroit Police Department.

A good book for non-cops who want to know what it is REALLY like to be a cop, and a good book for cops who are under the delusion that their department will always be there when they need them.

The book can be obtained from major booksellers such as www.BarnesandNoble.com or directly from the publisher at www.buybooksontheweb.com .   Donna's website is: http://www.shatteredbadges.bigstep.com/

******************
Here is some recent news on the Danny Faulkner story:

At the recent National Fraternal Order of Police (FOP) conference, the delegation in attendance voted unanimously to begin a boycott of persons, products and companies associated with the supporting of convicted cop killer Mumia Abu-Jamal.

In case you don't know, he was convicted in the 1981 killing of Philadelphia Police Officer Daniel Faulkner under overwhelming evidence. The act was an especially brutal and sadistic murder that still haunts the family, friends and coworkers of Officer Faulkner.

The New York Shields presented Officer Faulkner's family with a Medal of Valor at their 1999 Police Memorial breakfast.

Convict Abu-Jamal has written a book, "Live from Death Row," and attempted to place himself in a celebrity status as a result of his criminal behavior.

Others have supported his pathetic attempt to gain stardom and freedom, all the while spitting in the face of Officer Faulkner, his family and every single law enforcement officer in the United States.

The F. O. P. has announced the formal boycotting of the following:

1. Ben & Jerry's Ice Cream Products (donators to a defense fund for the killer).

2. Actor Paul Newman, and his products (an outspoken supporter of the  killer).

3. Actress Susan Sarandon (supporter of this convicted killer).

4. Filmmakers Spike Lee, Oliver Stone and John Landis (supporters of the killer).

5. Writers Norman Mailer and Joyce Carol Oates (supporters of the killer).

6. Supermodel Naomi Campbell (supporter of the killer).

7. Musicians Sting, David Byrne and Michael Stipe of REM, (supporters of the killer).

8. The Beastie Boys who are performing "free" benefit concerts for the killer's defense fund. One of their "benefit concerts" scheduled for Baltimore, MD had to be canceled when Baltimore police officers refused to work the overtime shifts for security at the concert.

As you may not know, a tape recorded statement made by this heinous convicted killer was played at the graduation commencement ceremony of Evergreen State College in the state of Washington in June 1999.

This resulted in over 800 graduates walking out and another two dozen turning their backs during the killer's three minute diatribe of hate.

The F.O.P.'s position is getting widespread coverage in the media, as well it should.

The members of the New York Shields stand with our fellow brothers across this country in strongly supporting this boycott and honoring the memory of Philadelphia Police Officer Daniel Faulkner.

We urge you to participate in this boycott and request that you pass this e-mail on to your coworkers, partners, family and friends.

We must stand together against this brutal murderer. Please do your part and pass this important message along to your friends.

Call your local grocer and tell them about Ben & Jerry's support of a cop killer.

(The above was contributed by a fellow officer.)

******************

Lastly, we would like to draw your attention to a January 25, 2001 article written in the National Review mentioning Larry Nevers. The article is entitled: "Who would you pardon? An unClintonian approach" and was written by John Derbyshire, NR contributing editor and NRO columnist. Please give it a read and perhaps send John a thank you email: http://www.nationalreview.com/nr_comment/nr_comment012501a.shtml

******************

Once again, thank you all for your continued support

February 27, 2001

Appeal Filed

Larry Nevers' Appeal of his Involuntary Manslaughter conviction has been filed with the Michigan State Court of Appeals. The major appeals issues are as follows:

1.)  The trial court erred by instructing the jurors, over the defendant's objection, as to the cognate lesser included offense of involuntary manslaughter.

2.) The trial court denied defendant his right to present a defense by excluding substantial relevant and material evidence which would have supported defendant's theory of the case.

3.) The defendant was denied his rights to due process and a fair trial as a result of the prosecutor's misconduct.

4.) The Trial court erred in permitting the prosecution to present irrelevant evidence of alleged police misconduct not attributable to defendant and not otherwise admissible.

5.) Defendant is entitled to resentencing where the guidelines were erroneously scored.

Please continue to check our website for futher explantions of the above issues.

January 8, 2001

BOND DENIED

We are sad to announce that Larry Nevers' appeal for bond in front of Federal Judge Avern Cohn has been denied. We have no further information on the reasons at this time.  In our opinion there is something wrong with a system that can not find a way to free an innocent man.

The following is a summary of the oral arguments before Judge Cohn which were presented in the last several months:

He told attorney Fink plainly, that he "would like a better presentation of the Loosery issue". Neil’s brief didn’t cover that issue and so did not provide the backup material needed by Cohn. He mentioned he wanted the "jury form" and information on the discussion of the Involuntary Manslaughter charge during the closing arguments (at first Cohn thought Larry had been convicted of Voluntary Manslaughter. He seemed very surprised to find out it was Involuntary Manslaughter. He sounded as though he thought that was absurd. He specifically said that "there is always the suspicion of compromise when a lesser charge is offered".

He also asked the prosecutor how many times in the past the MSC has revoked a bond that had already been granted by the Court of Appeals. The prosecutor himmed and hawed and said he didn’t know, then he said that he, himself, had gone to the MSC "on a bond issue" several times and had the MSC "rule in his favor 3 times". Cohn insisted that the prosecutor answer his question about bond being revoked AFTER BEING GRANTED by the Appeals Court. The prosecutor’s response was "probably once". Cohn gave the prosecutor 1 week to come up with statistics. When the prosecutor said he didn’t think they had statistics on that, Cohn said, "I know, but you just do your best."

Review of second hearing in front Cohn on December 15th, 2000:

Briefly, both sides were allowed to give Judge Cohn an oral review of their case. Cohn gave the prosecutor 1 week to write out an answer to the question of why they were fighting Larry's bond when they didn't fight Walter Budzyn's (beyond the  Appeal's court level, that is).  The Prosecutor told Cohn it was because Larry had a leadership role in the crime. Cohn's response was, "So you are just doing this to punish him, right? Isn't that what you just said?"

Although there was no opportunity to argue this in front of Cohn, the truth is that the prosecutor's position, at the first trial and also at Walter Budzyn's retrial, was that Walter Budzyn started the altercation and did the majority of the "beating". Of course, at Larry Never's retrial and this hearing, the prosecutor switched up and laid the majority of the blame on Larry Nevers.

On another note:

Please remember Larry Nevers. Although he is only a Level 1 (minimum security) prisoner, he is being held in a Level 5 (maximum security) prison. We have received no satisfactory explanation for this.  We are being told that because of his former occupation as a police officer he must, for his own protection, be kept locked down, in virtually solitary confinement, for some 22 hours every day. He is allowed out of his cement walled cell daily for only three 20 minute meals, a shower, and 1 hour in the "yard". Were he correctly placed in a Level 1 prison or a medical facility, this seclusion would likely not be necessary. It was not necessary when he was housed at the medical facility in Fort Worth, Texas.

Larry Nevers' sentence was excessive by any reasonable standard, now his treatment while serving that sentence is excessively harsh as well. Neither has there been any reasonable explanation for why Larry Nevers has continued to be treated more harshly than Walter Budzyn (who was given a sentence amounting to time served for the same conviction AND was granted bond pending appeal).  Please continue to voice your opinion about this matter to Governor John Engler and to anyone else you can.

You can email Governor Engler by clicking on this link: www.state.mi.us/MIGOV/gov/ContactGovernor.shtm

Pray for justice.

We're planning a Spaghetti Dinner fundraiser for Larry Nevers, November 9th, 2000, 5pm to 9pm, at the Fernhill Country Club. Please plan on attending. We need your support!

Bring a crowd!

Donation: $25.00 per person

October 25, 2000

As the November election approaches we wanted to give you a quick review of the recent judicial rulings related to our case along with our voting recommendations.

Besides handing down an extremely excessive and harsh sentence, trial judge Ulysses Boykin refused to grant Larry Nevers bond pending his appeal, or even a 2 week stay of sentence to arrange for his medical needs. Boykin ordered that Larry be imprisoned immediately after the sentencing.  Boykin is up for election and is running against MARY BETH KELLY. If you live in Wayne County please vote for MARY BETH KELLY for Wayne County Circuit Court Judge, as this will be counted against Ulysses Boykin.

We then took our bond case to the Michigan Court of Appeals and they overturned Boykin and granted Larry bond pending appeal within 2 days after receiving our brief.  These three judges all voted to grant Larry bond pending appeal: Michael J. Talbot, Roman S. Gribbs, and Brian K. Zahra. Please support them whenever possible.

At that point the Wayne County Prosecutor appealed the bond issue to the Michigan Supreme Court. The Michigan Supreme Court, with the exception of Justice Markman who abstained, voted to overturn the Appeals Court's ruling and return Larry to prison. The vote was as follows:

Michael Cavanagh - for Larry's release (not running in this election)
Marilyn Kelly - against
Maura Corrigan - against
Elizabeth Weaver - against
Robert Young - against
Clifford Taylor - against
Stephen Markman - withdrew, did not vote

Larry was returned to prison and the issue is now in front of Federal Appeals Court Judge Averon Cohn.

We recommend that you abstain from voting for any of the current Michigan Supreme Court Judges on the ballot with the exception of Stephen Markman. Vote FOR Stephen Markman.

Voting recommendations:

VOTE FOR MARY BETH KELLY FOR WAYNE COUNTY CIRCUIT COURT (Your vote for Kelly will count against Ulysses Boykin.)

ABSTAIN FROM VOTING FOR ANY OF THE CURRENT MICHIGAN SUPREME COURT JUSTICES WHO ARE RUNNING FOR OFFICE WITH THE EXCEPTION OF STEPHEN MARKMAN.  VOTE FOR STEPHEN MARKMAN

October 6, 2000

Minor Notes:
Due to a logistics problem (no internet at my new house), I have been unable to update the website for the past several weeks. I'm now on-line and hope to have links to coverage of all the latest anti-cop goings on in Detroit added to our site soon. Look for them under the link "Other Cops".

October 5, 2000

Today Federal Judge Avern Cohn heard oral arguments for Larry Nevers' bond appeal. The main emphasis was placed on the fact that unless Larry is granted bond, he will, in all likelihood, serve out his entire sentence before the appeal of his conviction is heard. Other issues concerned Larry's health and the fact that the Michigan Supreme Court's action in overturning Larry's bond was unreasonable and arbitrary. Judge Cohn has made no ruling thus far.

September 12, 2000

A Michigan Supreme Court Justice Speaks

(for these cases and more, go to What really killed Malice Green?)
_____________________________________________________________________-

Cocaine may be factor in arrest death
November 9, 1997 http://www.stat.ncsu.edu/~st511_info/kepler/pepper.html
_____________________________________________________________________-

Autopsy Clears D.C. Police in Death; Medical Examiner Blames Cocaine, Not
Excessive Force
(no link Washington Post article 1999)

COCAINE INDUCED PSYCHOSIS
by: Dr. Cecil Wingo - Forensic Analyst - Police Chief Emeritus
June 16, 1999 http://www.rcmp-learning.org/docs/ecdd1279.htm
_________________________________________________________________

COCAINE CAUSED DEATH OF MAN UNDER ARREST

For more on cocaine related incustody deaths go to What really killed Malice Green?

August 18, 2000

Judge George Crockett III, who presided over the first Nevers and Budzyn trial, and acquiesced to the NAACP by sentencing Larry Nevers to 4 more years in prison than Walter Budzyn, has been accused of beating and sexually assaulting his ex-girlfriend and holding her against her wishes. Will Crockett be fired from his position as judge and pronounced guilty by the Mayor of Detroit within hours as were Nevers and Budzyn? Will Crockett be overcharged, tried by an all white jury (Crockett is black) and a hand selected white judge? We shall see.  Click here for details:

August 17, 2000 -  Woman Accuses Judge
August 18, 2000 - Police question Judge Crockett
August 18, 2000 -  Woman files rape charge against judge

August 17, 2000

Just a brief update. While Larry is still being held in solitary confinement at The Oaks over 22 hours a day, he sends word that he now has stamps, envelopes, and a small black and white tv and a radio to help relieve the boredom. He also writes that recieving mail in the evenings is the "highlight" of his day, so please don't stop writing. Mail for Larry may be sent to: The Larry Nevers Freedom Fund, P.O. Box 458, Royal Oak, MI  48068 or email me with your message at Justice@Cops.com and I will forward it to Larry. Of course donations are always appreciated and are much needed at this time. Many thanks to you all.

P.S. An appeal of Larry's bond issue has been filed with the Federal Court.

July 23, 2000

Larry Nevers is currently being held in solitary confinement at the Oaks Correctional Facility in Eastlake, Michigan. Please send him your encouragement. Email letters to Larry at Justice@Cops.com and I will forward them to him, or write him directly at: The Larry Nevers Freedom Fund, P.O. Box 458, Royal Oak, MI  48068

We would also encourage you to go to the following link to email Governor John Engler about this ongoing travesty: Contact Governor Engler . Please mention the outrageousness of Larry's 7-15 year sentence.

PLUS, please take a look at our Other Cops in the News link for a new travesty in the works in Omahu with Officer Jerad Kruse..

July 18, 2000

July 17, 2000

On May 16, 2000 Larry Nevers was sentenced to 7-15 in prison for involuntary manslaugther in the death of Malice Green. he was released on bond 14 days later by the Michigan Court of Appeals (their ruling is printed below in its entirety). The Wayne County Prosecutors Office appealed this decision to the Michigan Supreme Court and today we received word that the Michigan Supreme Court has sided with the Wayne County Prosecutor and has revoked Larry's bond pending appeal. Larry is to report tomorrow. Please keep Larry in your prayers.

Court of Appeals, State of Michigan
ORDER

People v Larry Nevers
Docket No. 227401
LC No. 93-000667

Michael J. Talbot, Presiding Judge
Roman S. Gribbs,
Brian K. Zahra, Judges

The Court orders that the motion for immediate consideration is GRANTED.

Defendant was convicted by a jury of involuntary manslaughter and sentenced to a term of seven to fifteen years.  Defendant's application for bond pending appeal of his conviction and sentence was denied by the trial judge.  When bail has been denied by a trial judge, this Court gives thoughtful consideration to the trial judge's reasons.   We do not, however, review the trial court's decision for an abuse of discretion; rather, we exercise our own independent discretion when an application for bond is made in our Court.  People v Giacalone, 16 Mich App 352, 355; 167 NW2d 871 (1969).  In reviewing a motion for bond we take into consideration the following factors:

(1)  The likelihood that the defendant will appear when required in response to the order of the Court.  Id.  Defendant has been free on bond for two years and has always appeared when required.  The prosecutor does not suggest that there is any likelihood that defendant will fail to appear in the future.

(2)  The potential of harm to the community in the defendant being at large during the pendency of the appeal.  Id. at 356.  The prosecutor concedes that this is not a concern in this case.

(3)  The substantiality of the grounds of appeal.  The trial court's stated reason for denying bond in this case was the perceived lack of any substantial error. Bond will be denied if this Court is convinced that the appeal is clearly without arguable merit. Id. at 356-357. The issue here, whether the trial court erred by instructing the jury on the cognate offense of involuntary manslaughter over defendant's objection, presents an unusual situation in this Court. Our Supreme Court specifically put bench and bar on notice that it is prepared to consider adopting the federal model regarding lesser offense instructions. People v Perry, 460 Mich 55, 61 n 17; 594 NW2d 477 (1999). This Court, in the exercise of our independent discretion cannot ignore the strong language chosen by our Supreme Court regarding this matter. We also find significant the fact that the prosecutor "urged [our Supreme Court] to abandon [the] current approach in favor of the federal model that does not allow cognate lesser instructions." Id. Although the prosecutor has made some effort to withdraw from that position for purposes of this appeal, we note that, in its brief to the Supreme court in Perry, supra, the prosecutor, in arguing against allowing a trial court to instruct on cognate offenses, stated that "a defendant may commit a charged offense (or be acquitted), and nothing else." We are convinced by the Supreme Court's statement of intent and the prosecutor's clearly stated position on cognate lesser offenses that the appropriateness of the cognate instruction in this case presents substantial grounds for appeal.

(4) The risk to the proper administration of law.  Giaalone at 357.  Bail may be denied when allowing the defendant his liberty would impede the administration of justice.   Id. Neither the trial court nor the prosecutor in this case suggest that there is any obstruction of justice in this case.

The Court orders that the motion for bond pending appeal is GRANTED, and defendant be admitted to bail pending resolution of this appeal or further order of this Court upon the filing of a bond with the clerk of the trial court in the amount of $100,000/10% cash or surety.  The prosecuting attorney is to be notified of the time and place the bond will be filed. The defendant-appellant shall make the promises in writing required by MCR 7.209(F)(2).

(Signed by Michael Talbot)

A true copy entered and certified by Carl L. Gromek, Chief Clerk, on May 26, 2000

State of Michigan Court of Apeals

May 21, 2000

May 16th, Larry Nevers was sentenced to a shocking 7-15 years in prison for Involuntary Manslaughter. This is only one year less than Walter Budzyn received for Second Degree Murder at the first trial !!!   What is wrong with this picture?

Prior to sentencing, defense attorney Neil Fink figured out sentencing guidelines according to the same standards used at Walter Budzyn's retrial. They worked out to a minimum range of between 1 and 5 years and the standard maximum of 15 years. At the same time Prosecutor Douglas Baker, as expected, asked for a stiffer sentence and the higher guidelines of 3-8 years minimum to 15 maximum. Judge Boykin, without hesitation, went with the prosecutor's requested guidelines in their entirety, and sentenced Larry to 7-15 years.

Boykins gave next to no explanation for his sentence only saying that Larry's actions were "excessive".  It is interesting that Boykin did not use the words "grossly negligent" when those words are the ones that define Involuntary Manslaughter.  Hmmm, how does one act "excessively" when defending one's life? There was NO evidence presented at this trial that Larry Nevers did not act in self defense. This proof is required by law for a legal conviction in a case were the defendant claims self defense, but apparently the jurors chose to ignore that part of the jury instructions.

In asking for a stiffer sentence than Budzyn's, Prosecutor Baker told Judge Boykin that Larry Nevers was more culpable than Walter Budzyn in his actions the night Malice Green died. Baker claimed Nevers was the leader of a pair who worked together to beat Green to death. Although Boykin was made clearly aware that Baker had used the opposite argument at Walter Budzyn's sentencing, he paid no attention. At Walter's sentencing, Baker had described Walter as the one who began the assault on Green. He portrayed Walter as "bludgeoning" Green to death. He went so far as to suggest that Green had already been beaten unconscious before Larry Nevers even hit him at all. Well which way is it Mr. Baker? I guess with a cooperative judge you can have it both ways.

Boykin also assessed Nevers extra punitive points for the grief and suffering of the Green family. Walter Budzyn was not assessed these points. The loss of a son would certainly be difficult for any family. Was it greater in this case than in any other Involuntary Manslaughter case? If it was, I'd suggest that the media is to blame and perhaps THEY should be assessed the extra points.  Why was this grief and suffering more acute in the case of Larry Nevers than it was in the case of Walter Budzyn when both officers, at this point, have been found guilty of Involuntary Manslaughter in the same death?

It seems very clear to me that Judge Ulysses Boykin wanted a murder conviction and when he didn't get it he nullified the jury's verdict by handing Larry Nevers a murder sentence. Was this retaliation for the disbandment of the old Detroit Recorder's Court of which Boykin was a judge? Or was this just more of the irrational race hatred that permeated the first trial? Remember folks, there was NEVER any evidence that race played any part in  Green's death.

As if a murder sentence of manslaughter was not vindictive enough, Judge Boykin refused to grant bond pending appeal as Judge Thomas Jackson had done for Walter Budzyn. Despite the literal pleading of Attorney Neil Fink, Boykin even refused a brief 2 week stay of sentence to allow time to make arrangements for Larry Nevers' medical needs.

Larry Nevers is suffering from severe emphysema and is recovering from lung cancer surgery. He has only 31% lung capacity and requires oxygen 14 hours a day, 4 or more breathing machine treatments daily, plus numerous medications. He also suffers reoccurring lung infections which put him on oxygen 24 hours a day and require immediate medical care. Although Boykin had been advised of Nevers' medical needs, he callously shipped Nevers off the Jackson State Penitentiary with nothing. Unbelievable. I thought we were living in a civilized world. I can't imagine this being done to the worse mass murderer. Was Boykin prepared to be charged with murder himself had Nevers died in those first few days without his needed oxygen and medications?  This could only happen to a white cop in Detroit and I find it nauseating.  Remember folks, even if you do not believe in Larry Nevers innocence as I firmly do, this conviction was for INVOLUNTARY manslaughter. NOT MURDER. "Involuntary" means that the act was NOT MALICIOUS, but negligent.

Currently Larry is in solitary confinement at the Oaks Correctional Facility in Manistee, Michigan, and has receive his medical supplies. Please send him a letter of encouragement at the P.O. Box on our website. ( Larry Nevers, P.O. Box 458, Royal Oak, MI   48068)  If you would like to send an e-mail I will be sure he receives your message. Send e-mails to justice@cops.com . If you are able, we would welcome any donation no matter the amount. Send to: The Larry Nevers Freedom Fund, P.O. Box 458, Royal Oak, MI   48068.

An appeal is definitely planned on strong grounds. The foremost issue will be the including of the "lesser included offense".  Larry Nevers was charged with Second Degree Murder by the Wayne County Prosecutor. The entire retrial was focused on that charge. His defense was based on that charge alone. However, just before jury deliberations, Judge Boykin decided to allow the jurors the option of convicting Larry of Involuntary Manslaughter. The defense did not agreed to this, but was overruled by Boykin. You all know the result.  It is my firm opinion that had the jury been offered a still lesser charge, they would have chosen that. They obviously believed there was NO murder, but they may have felt pressured to convicted of something, considering the massive publicity this case has received over the last 8 years. Recent cases such as the Diallo and Volpe cases in New York have not helped either.

Because the Michigan Supreme Court has already publicly indicated that they wish to address the issue of  "lesser included offenses", we feel we have solid grounds for appeal. This is why we feel Boykin was out of line in denying bond to Larry Nevers. We have a number of other strong appeals issues which I hope to detail at a later time.

Special Note: I would like to explain our lack of updates during the Retrial.  There were several reasons that I did not do this.  1.) On the first day of jury selection, Larry Nevers spoke very briefly to the media. The following morning Prosecutor Baker complained to Judge Boykin and requested a gag order. An official order was not issued, but it was made clear that neither side was to speak publicly. 2.) During the first few days of the trial we became aware that the prosecutor was monitoring our website and we felt it best not to give him anything new to monitor. 3.) Near the end of jury selection, Prosecutor Baker used links from our website to newspaper articles to accuse Larry Nevers of racism. Baker told our African American Judge Boykin that Larry Nevers had "his own" website. He asserted that the website was racist and that Larry Nevers was personally responsible for what was on it.  Now the FACT is that Larry Nevers has had little to nothing to do with this website (I'm not even sure he has read it all) and this website is NOT racist. It is pro good cops and is dedicated to accurately detailing the Nevers and Budzyn railroading. I and other supporters are responsible for the majority of writing on the website, and of course most of the website is made up of links and transcripts of documents pertinent to the case. Boykin was not told this and didn't appear to care.

Good night for now and thank you to all our dedicated friends and supporters. I hope to add more details about the recent retrial soon, including a review of the trial itself. It's not over until it is over, so please stick with us if you believe in truth and justice.

L.E.K., Nevers and Budzyn website editor

April 18, 2000

After less than one full day of deliberation, the jurors in Larry Nevers' retrial returned a verdict of "Not Guilty" of second degree murder, but "guilty" of involuntary manslaughter. We are grateful to God for the first portion, but extremely disappointed in the second portion. Sentencing is scheduled for May 16, 2000. Please keep Larry in your prayers.

Job 2:3    "Well, have you noticed my servant Job?" the Lord asked Satan. "He is the finest man in all the earth-- a good man who fears God and turns away from all evil. And he has kept his faith in me despite the fact that you persuaded me to let you harm him without any cause." (TLB)

Job 2:9-10    Then his wife said to him, "Do you still hold fast your integrity? Curse God and die!"    But he said to her, "You speak as one of the foolish women speaks. Shall we indeed accept good from God and not accept adversity?" In all this Job did not sin with his lips. (NAS)

April 1, 2000

Prosecution testimony has been moving quickly. Witnesses have been giving shortened versions of previous testimony. For a good overview of the testimonies of these witnesses please check the Walter Budzyn Trial Review link. The following main witnesses have completed their testimonies: Ralph Fletcher, Dr. Bader Cassin, EMS tech Scott Walsh, EMS tech Lee Hardy.

March 28, 2000

Witness Ralph Fletcher testified today that as he walked toward the door of the abandoned building he was residing in, he glanced back over his shoulder and saw Officer Nevers, on the far side of Green's car, "swing at" Green twice. He admitted that he did not see Nevers actually hit Green.

Dr. Bader Cassin testified that although Green had cuts and bruises on his scalp he had no fractures anywhere. Cassin testified that he believed there were some small signs of brain swelling and surface bleeding, he did not acknowledge any severe deep brain injuries. Cassin readily agreed that he was not certain that Green would have died he not been under the influence of cocaine, which would have increased the stress on Green's already enlarged heart.

March 27, 2000
Opening arguments began today in the retrial of Larry Nevers for Second Degree Murder in the death of Malice Green. Although Prosecutor Baker said that it was not his position that Nevers intended to kill Green, he believed Nevers either had intent to do great bodily harm or acted in a manner which had a high risk of causing death. Defense attorney Neil Fink explained that none of that matter if the defendant acted in self defense or in an effort to protect another. Fink also explain to the jurors what reasonable force maybe used by a police officer in making an arrest.

March 24, 2000
Wow! An accurate newspaper article! Not a single error! I would like to add that the Defense removed a total of 3 jurors, 1 black, for a cause the judge said he "understood", 1 white, and 1 other black. The Prosecutor removed no one. To read the related Detroit News article by David Shepardson click here: New Jury is Selected for Nevers.

Prov 10:9
9    He who walks in integrity walks securely, but he who perverts his ways will be found out.
(NAS)

March 23, 2000
A jury of 16 has been seated for Larry Nevers retrial. Opening arguments will begin Monday, March 27th, with testimony to follow. All 16 jurors will hear all the arguments and evidence. After closing arguments, 4 juror names with drawn at random and those jurors will be considered "alternates" in case any of the remaining 12 are not able to complete their duty.

Isa 61:8
8    "For I, the Lord, love justice."
(TLB)

March 22, 2000
16 Jurors have been seated so far but are still subject to further questioning by Judge Boykin and to possible removal from the panel.

Jer 9:23-24
23    The Lord says: "Let not the wise man bask in his wisdom, nor the mighty man in his might, nor the rich man in his riches.
24    Let them boast in this alone: That they truly know me, and understand that I am the Lord of justice and of righteousness whose love is steadfast; and that I love to be this way.
(TLB)

March 21, 2000
Luke 18:7
7    don't you think that God will surely give justice to his people who plead with him day and night?
(TLB)

March 20, 2000

Testimony has not even begun, yet the media is already showing a strong bias against Larry Nevers. Please visit the COURT TV website for their distorted version of "The Death of Malice Green".   Below  is the email I sent them in response to just a few of the falsehoods in their summary.

Where oh where did you get your website version of "The Death of Malice Green"? Not even the prosecutor made some of the claims you have!

1. There is absolutely no doubt that Green was in felony possession of cocaine. The street witness testified that they thought he had cocaine. One of them wrote in her statement to police that she knew he had cocaine in his hand "because I saw it". Walter Budzyn testified that a rock of cocaine fell from Green's clenched fist as he reached toward the glove box. Officer Nevers also testified that he saw cocaine fall from Green's hand. Budzyn found 4 rocks of cocaine in the car after the scuffle and later an evidence technician found another rock on the dashboard of Green's car. There is NO dispute about this whatsoever.

2. Green's scalp as NOT "almost ripped off". You can see a photo of the injury referred to at www.celebritymorgue.com. The coroner testified that this injury was NOT caused by a flashlight blow.

3. EMS did NOTHING to try to save Green until after he suffered a heart attack enroute to the hospital. At that time they pulled over to the side of the road, against EMS rules, and tried CPR instead of continuing the few short blocks to the hospital as they should have.

3. Green did not "apparently" refuse to open his hand. EVERY SINGLE witness (5 street people, 4 EMS technicians, and several officers) agreed that he refused to open his hand and that he refused to comply with the officers' orders.

4.Only one witness, EMS Tech Lee Hardy, claimed that Green was "kicked and punched" (by Officer Lessnau) after being removed from the car. No one else saw this even though there were 3 other technicians and 5 or more officers there by then. Neither Nevers nor Budzyn touched Green after he was removed from the car.

4.Green opened his hand only after it took 3 officers to handcuff him because of his violent resistance. At that point he had already pitched the cocaine inside the car and had grabbed keys which he attempted to use as a weapon against Officer Nevers. Once handcuffed, Green continued to try to pull a large folding knife out of his pocket until officers were able to search him and remove the knife.

6. Officer Nevers has consistently admitted hitting Green when Green grabbed the butt of his service revolver and refused to release it and when Green began swinging a shinny metallic object at Nevers' head.

7. Three exceptionally qualified medical experts testified that Green died from a cocaine induced heart attack NOT the "superficial" scalp cuts. Green had NO fracture, NO swelling of the brain, NO brain hemorrhage, etc.

How about at least trying to be fair in your reporting of this trial?

Exod 23:2
2    "You shall not follow a multitude in doing evil, nor shall you testify in a dispute so as to turn aside after a multitude in order to pervert {justice;}
(NAS)

March 19, 2000
Prov 24:15
15    O evil man, leave the upright man alone and quit trying to cheat him out of his rights. Don't you know that this good man, though you trip him up seven times, will each time rise again? But one calamity is enough to lay you low.
(TLB)

March 18, 2000
Correction to today's Freep article: The article states that Larry Nevers was released on bond by the Michigan Supreme Court. In Actuality, Larry was released some 6 months after Walter Budzyn by FEDERAL Judge Lawrence Zatkoff. Check the above link for today's Freep article, and for more details on Judge Zatkoff see the link on our home page.

Ps 25:3
3    None of those who have faith in God will ever be disgraced for trusting him. But all who harm the innocent shall be defeated.
(TLB)

March 17, 2000
There was no court today. Jury questioning will resume on Monday. At this time the plan is to hold court Monday through Thursday only, with Fridays off. I would be nice to think the trial will not last too long but there is really no way of knowing at this point.

Prov 30:5
5    Every word of God proves true. He defends all who come to him for protection.
(TLB)

March 16, 2000
29 potential jurors have been selected so far. Judge Boykin has raised the number he is aiming at from 40 to 50.  Many potentials have been dismissed already for one of two reasons: Some are steadfast in their opinion that Larry is guilty, others have stated that Larry "was only doing his job".  Judge Boykin has thus far excused jurors responding either of these two ways. There will be no selections tomorrow.

Ps 37:32-33
32    Evil men spy on the godly, waiting for an excuse to accuse them and then demanding their death.
33    But the Lord will not let these evil men succeed, nor let the godly be condemned when they are brought before the judge.
(TLB)


March 15, 2000
20 Jurors have been selected so far.

Job 34:12-13
12    There is no truer statement than this: God is never wicked or unjust.
13    He alone has authority over the earth and dispenses justice for the world.
(TLB)


March 14, 2000

Seven potential jurors have been selected so far. When 40 have been selected, each side will be allowed to dismiss 12 for "no cause". This will leave a final jury panel of 16 who will hear the case.  Several of those 16 will be considered alternates ready to replace any who might be dismissed for some reason during the trial itself.

Prov 4:16-19
16    for evil men can't sleep until they've done their evil deed for the day. They can't rest unless they cause someone to stumble and fall.
17    They eat and drink wickedness and violence!
18    But the good man walks along in the ever-brightening light of God's favor; the dawn gives way to morning splendor,
19    while the evil man gropes and stumbles in the dark.
(TLB)

March 13, 2000

Things are off to a rather slow start as questioning for the first of three groups of potential jurors began today. Judge Boykin had general questions for all the jurors as a group then counsel for the prosecution and defense began questioning a small number potential jurors individually. No spectators were allowed in the courtroom. At this point a number of jurors have been excused for reasons of hardship, knowledge of the case, and acquaintance with various witness, etc.  Pray for wise jurors. 

Proverbs 2:6-9  - "For the Lord grants wisdom! His every word is a treasure of knowledge and understanding.  He grants good sense to the godly-- his saints. He is their shield, protecting them and guarding their pathway.   He shows how to distinguish right from wrong, how to find the right decision every time."(TLB)

March 12, 2000

Jury questioning begins tomorrow at the Frank Murphy Hall of Justice in Detroit. We've done our homework and are praying for truth and justice this time around.  Prov 21:31 - "The horse is made ready for the day of battle, but victory rests with the LORD." (NIV)

A special thank you for the sponsors of the The Larry Nevers Benefit  held today at the Carleton Hotel Bar  in Carleton, MI.

February 25, 2000

FUNDRAISER FOR LARRY NEVERS
The Wild Pigs M.C. Oakland Chapter
will be holding a fundraiser for Larry Nevers
APRIL 7, 2000
5pm -12am
UFCW Local 876 Hall
876 Horace Brown Drive
Madison Heights, MI
Band  - Comedian - Food   -  Refreshments
DRAWING FOR TELEVISION
(Need not be present to win)
DONATION: $20
proceeds going to the Larry Nevers Freedom Fund
CALL 734-513-7962 FOR TICKETS

January 29, 2000

Larry Nevers new trial date has been changed to March 6, 2000. Please keep us in your prayers as we work to prepare for the trial.

Please check out the following website: The National Police Defense Foundation. The foundation's Executive Director Joe Occhipinti has been one of America's most vocal supporters Larry Nevers and Walter Budzyn. Many thanks Joe.

January 6, 2000

The Latest News is not really very new. Larry Nevers' retrial date is, at this moment, still set for the original date of February 29, 2000.  Judge Thomas Jackson recused himself from the case and Judge Ulysses Boykin will preside. Scarcity of defense funds has caused some problems as has health concerns for both Larry and his attorney Neil Fink. In the press, Malice Green is still being refereed to as an "unemployed steelworker" rather than a "fired steelworker" or a "long time cocaine addict", and we are still being told that his November 5, 1992 altercation with police began as a "traffic stop" rather than an "attempted cocaine arrest". Even the burned out building at 23rd and Warren of which Ralph Fletcher (resident squatter) testified that he charged people to use for doing dope and having sex in, is still being referred to as a "suspected" crack house. Please keep us in your prayers and read the January issue of American Police Beat for another article on this case.

Nevers ordered to trial Feb.29
By David Shepardson
The Detroit News
January 6, 2000

DETROIT -- Former Detroit Police Officer Larry Nevers will stand trial on second-degree murder charges next month in the 1992 death of Malice Green.

Wayne Circuit Judge Ulysses Boykin refused to delay Nevers' Feb. 29 retrial, after his attorney, Neil Fink, had filed a motion to be removed from the case.

Fink said on Tuesday that he had unspecified health problems and disagreed with Nevers over payment for legal services.

"I'm fine. Our disagreements have been worked out, and we're ready to go," said Fink, who added that Nevers' defense would be basically the same as in his first trial seven years ago. But he wouldn't say whether Nevers would take the stand.

Nevers is charged in the Nov. 5, 1992, flashlight-beating death of Green, a 35-year-old unemployed steel worker who died after a traffic stop outside a suspected crack house.

Nevers and partner Walter Budzyn were convicted in 1993 of second-degree murder and served four years in prison before their convictions were overturned by two courts. Budzyn was retried in 1998, convicted of involuntary manslaughter and sentenced to time served.

The Wayne County Prosecutor's Office is appealing the sentence. Budzyn remains free on bond.

The retrial of Nevers may last six weeks.
   

November 17, 1999

Dateline NBC review:   After viewing the Dateline NBC program, I (your friendly website editor) have little to say. The program was a decided disappointment.

In preparation for the show, Dateline interviewed many key figures in the case and we had hoped some of these interviews would air. Virtually none did.   Instead, Dateline chose to conduct their own mini trial, presenting selected tidbits from the taped Budzyn retrial testimony, then asking their viewing audience to vote guilty or not guilty. While Walter Budzyn won the vote, I still view it as a defeat. There is no way anyone should be encouraged to condemn an accused man based on such scant portions of testimony.

The Dateline viewing audience was never told Larry Nevers' side of the story. Instead, they were left with the impression that Larry Nevers was guilty of beating Green to death.  The audience was never told of the strong medical testimony presented at the first trial that cocaine killed Green not the minor scalp injuries.   The audience was never told that Nevers struck Green only in self defense when Green grabbed his gun.

Dateline also failed to accurately recount what happened at the end of closing statements which surely influenced the jury and SHOULD have caused Judge Jackson to declare a mistrial.  According to Dateline, the prosecutor inadvertently displayed the words "failure to act" on a board he showed the jury during closing arguments. Dateline showed the board, then they showed Judge Jackson strongly admonishing the prosecutor for misleading the jurors into thinking they could find Budzyn guilty for "failure to act". The prosecutor claimed it was just an oversight.    The impression given by Dateline was that the jurors saw and heard all of this. They did NOT.

In actuality, it went like this: Just prior to closing arguments, when the jury was not present, Judge Jackson plainly told the prosecutor that he would not allow the jurors to convict Walter for "failure to act". Jackson said that if Walter was to be convicted, it would have to be for something he specifically did, not something he did not do.

At the very next court session the prosecutor placed a large board in front of the jurors.  Among other things, the board contained the words "failure to act" as a justifiable reason to convict. This board was visible to the jurors to peruse during a significant part of Prosecutor Baker's closing argument. However, only the jurors, not the judge and not the defense, could see the board. They had no idea what the jurors were looking at until the very last sentence of Baker's speech when he read the board out loud uttering the words "failure to act".

At that point, both the defense and the judge jumped up in surprise. Judge Jackson immediately dismissed the jurors.

Judge Jackson did indeed strongly admonish the prosecutor and it was clear that he did not buy the story that it was all an accident.  However, he did not do this in front of the jurors and he denied the defense attorney's request for a mistrial saying that he would just instruct the jurors to disregard the statement.

At the following session, Jackson did instruct the jurors, but only in passing. He made no mention of the actions of the prosecutor and did not clearly explain to the jurors that they had been misled by the prosecutor.

Eventually Walter Budzyn was found guilty of involuntary manslaughter. The following day, a juror gave the news media an interview in which he stated, "We just felt that there was a time that he could have done something to stop his partner and didn't". THIS IS FAILURE TO ACT! (Exactly what the jurors were told they could NOT do.)   Dateline made no mention of this juror's words.

November 16, 1999

We have begun to auction a few items on ebay in a fundraising effort for Larry Nevers.  Right now we are only auctioning off a few of our usual items like our cards and t-shirts, but if you have anything more interesting, (like hockey tickets, or a new car) that you'd like to donate, we'll be glad to auction it off for you. Email us at Justice@cops.com.  All proceeds will go to the Larry Nevers Freedom fund.  To bid on an item go to our spot on the ebay website.

Note: Please check back with us for an upcoming review of the Dateline NBC program which aired last night.

November 9, 1999

The Michigan Supreme Court has refused to hear an appeal of a lower court ruling which reinstated Judge Thomas Jackson's original 4 year sentence for Walter Budzyn. Jackson gave Budzyn this sentence knowing that Walter had fulfilled enough of this sentence already to qualify him for parole. Jackson did not intend Walter Budzyn to be returned to prison for any length of time.

Prior to sentencing, Prosecutor Baker stated that he "DID NOT" desire to see Walter Budzyn be returned to prison.  Apparently he lied. Immediately after Jackson pronounced the 4 year sentence, Baker demanded that Walter be returned to prison. Baker insisted that even though Budzyn qualified for immediate parole, he must reenter the prison system and await an official parole board hearing which could take weeks.

What could possibly be motivating the Wayne County Prosecutor's office to insist that a man, whom they know is innocent, and who has already spent almost 4 years in prison, be returned to prison only to be released again in a matter of weeks?  What purpose does this serve?

Judge Thomas Jackson, to his credit, attempted to change Walter Budzyn's sentence to "time served" when he was confronted with the prosecutor's irrational behavior. The prosecutor appealed Jackson's resentencing and won. Walter Budzyn was ordered returned to prison to await an official parole board hearing. 

At the moment, Walter is free, pending appeal of his involuntary manslaughter conviction itself. If he loses the appeal he will have to go back to prison.

One small note about the following Detroit Free Press article:   The caption of the article claims that Walter Budzyn was convicted of "fatally beating Green".  After Walter's conviction, jurors clearly told the press that they did NOT believe testimony that Walter had beaten Green. Rather they stated that they convicted Walter Budzyn for "failure to act". They said they "just believed that there was a time when he could done something to stop his partner but didn't".

This jury was never told that Walter's partner, Larry Nevers, struck Green only in self-defense.  They were never told that Green died from Cocaine Induced Agitated Delirium, not the superficial scalp cuts.   They were, however, clearly told that they could NOT convict Walter Budzyn for FAILURE TO ACT. It was the Wayne County Prosecutor who, against Judge Jackson's express orders, told the jurors that they could convict for "Failure to Act", which is exactly what they did.

Officer to be resentenced for fatally beating Green
November 9, 1999
By Joe Swickard

Former Detroit police officer Walter Budzyn will have to be resentenced for the 1992 beating death of Malice Green, the Michigan Supreme Court ruled by rejecting an appeal............The sentencing furor arose when Wayne County Circuit Judge Thomas Jackson tried to craft a sentence that would, in essence, require Budzyn to serve no more time behind bars. Defense attorneys said that returning Budzyn to prison, merely to have him go through the release process -- which could take weeks or months -- would not serve justice....... (click here for rest of article)

November 7, 1999

Please go to our Other Cops in the News page for an urgent message from Officer.Com regarding the Daniel Faulkner cop-killer case.

November 4, 1999

"A man just naturally can't take the law into his own hands and hang people without hurtin' everybody in the world, 'cause then he's just not breaking one law but all laws. Law is a lot more than words you put in a book, or judges or lawyers or sheriffs you hire to carry it out. It's everything people ever have found out about justice and what's right and wrong. It's the very conscience of humanity. There can't be any such thing as civilization unless people have a conscience, because if people touch God anywhere, where is it except through their conscience? And what is anybody's conscience except a little piece of the conscience of all men that ever lived?" -    Gil Carter (Henry Fonda) reading Donald Martin (Dana Andrews) 's letter in THE OX-BOW INCIDENT, 1943

ATTENTION!!!!, ATTENTION!!!!, ATTENTION!!!!

We have just received word that DATELINE NBC will be airing a segment about the Malice Green case they filmed several months ago. This program will include interviews with Larry Nevers and others. Former local news anchorman Chris Hansen conducted the interviews.  The "Dateline" show is tentatively scheduled to air NOVEMBER 15, 1999.  Please consult your local TV programming guides for time and channel.

October 28, 1999

We've made a few changes to our website lately including adding a Merchandise page where you can get your Christmas cards early as well as note cards, t-shirts, transfers, etc. while supporting us at the same time. We've also expanded our Other Cops in the News page to include current cop-related news items as well as Good, Bad, and Ugly cop stories. Click on What You Can Do for newspaper and other links across the country.  Take a minute to check us out.  Thanks to you all!

And now a quick note on Larry's health:   So far all tests have been negative for spread of the lung cancer that required surgery several months ago.  Larry is doing very well and will not have to undergo chemotherapy or radiation treatments.  He is, however, required to be on oxygen 24 hours a day, and must continue with breathing and oxygen therapy.  We are ever grateful for all your many prayers and concerns, and we thank God for His continued kindness and protection.

October 13, 1999

Yesterday's Detroit News carried an article about the newly conservative leanings of the Michigan Supreme Court. We are interested in the makeup of all our courts because, of course, whoever makes court decisions, determines whether justice will be done or not.   We learned the hard way that Detroit Recorder's Court, the Michigan Court of Appeals, and even the Michigan Supreme Court, at the time our case was handled by them, were all influenced by politics to the point were they were willing to see innocent men convicted of a crime they did not commit and sent to prison.

Since then, many changes have take place in these courts.  Due to the efforts of legislators such as Deborah Wyman and others, Detroit Recorder's Court has been disbanded and replaced by the Wayne County Circuit Court. A turnover has been had in the judges on the Michigan Appeals Court and the now the Michigan Supreme Court. We feel most of these changes have been for the better and we do not wish to see a return to the old politically influenced regime. More needs to be done, but we are heading in the right direction. Remember this when you vote.

Yesterday's article made mention of two cases that are of special interest to police officers and the pro-law and order public. These cases will be reviewed by the new Michigan Supreme Court in its term that began yesterday.

The first case: "A Troy police officer stopped a motorist and said he detected a strong odor of unburned marijuana.  The officer searched the car and found a half-pound of marijuana in the trunk.  A county judge ruled the search illegal, and the appeals court agreed."

The second case: "Two Detroiters riding in a stolen Jeep driven by a 14-year-old during a police chase sued the city when the incident ended with their serious injuries and the driver's death.  The appeals court ordered the case go to trial.  The court has taken the city's appeal."

These are the cases to watch very closely. Another lawsuit involving a police chase is also before the court.

For the complete Detroit News article click on: Ideological battle brews as high court opens term - by David Shepardson, The Detroit News, October, 12 1999

October 5, 1999 - The Patrick Prohm story has been added to our Other Cops in the News page, as told by a witness to his murder.

October 1, 1999 - Mug shots and other photos have finally been added to our Who's Who page. Take a look.

August 25, 1999

Larry Nevers was released from Royal Oak Beaumont Hospital yesterday and is home recuperating.  Test results at this time give no indication that the cancer has spread which is excellent news for which we are extremely grateful.  Larry is still being treated for pain and undergoing various breathing and oxygen therapies.   Larry and Nancy Nevers thank you all for your care and prayers. You are wonderful.

August 21, 1999

After a few very difficult days, word from Larry's family is that he is doing much better and hopefully is on the slow road to recovery. Test results are still not in, but we are hoping for a good report soon.

August 18, 1999

Larry Nevers underwent surgery today for the removal the center lobe of his right lung due to cancer. We do not have complete reports yet on the success of the surgery or the extent of the cancer. Larry is currently resting in the hospital and is being treated for pain. Thank you all for your prayers and please keep it up.

Prov. 15:29 - "The Lord is far from the wicked, but he hears the prayers of the righteous." (TLB)

P.S. If you wish to e-mail us with well-wishes for Larry, we'll be sure he receives them as soon as he is able. Cards and letters may be mailed to the Post Office Box listed on on our home page (and directly below).

August 15, 1999

Now that a new trial date has been officially set for Larry Nevers, (February 29, 2000), we must aggressively begin raising funds to help pay for Larry's defense. Up to this point the DPOA has helped with a minimum hourly fee for one attorney, but the rest is up to us and we are virtually broke. Please HELP. Any expert witness fees will be up to us to pay for. Any co-council will be our responsibility. Any needed investigation, research, or trial preparation costs will be up to us.

MEANWHILE the Wayne County Prosecutor's office will be generously spending Wayne County taxpayers' (maybe yours) money to prosecute and persecute an outstanding police officer whom they KNOW is innocent. To date, the city of Detroit has spent over 13 million dollars on this case! I don't know about you, but I AM APPALLED!   (note: Dollar amount attained from the Detroit Free Press article entitled "A costly rush to judgment" dated July 11, 1997.  Costs of Walter Budzyn's retrial were not included.)

We hope to be holding a series of fundraisers in the upcoming months, but Larry's serious health problems, surgery, and recovery, may make this difficult. Please give as you are able and please forward to us any other fundraising suggestions you might have.

Thanks to you all in advance, you are the best!

Send donations to:

The Larry Nevers Freedom Fund
P.O. Box 458
Royal Oak, MI 48068

Special note: If you are not already on our mailing list, please send, or e-mail us at Justice@cops.com, your name and address so we can send you our "Reasonable Doubt" newsletter. Please send us the names and addresses of anyone else you think would like to receive this newsletter.

Another pretrial hearing was held today with Judge Thomas Jackson, who has been chosen to preside over Larry Nevers' retrial.  Jackson refused a request by Larry's attorney Neil Fink to delay setting a new trial date until after Larry recovers from his upcoming lung surgery. Larry's new trial date has been set for February 29, 2000.   Since no new charges have been filed, we are assuming the former charges of Second Degree Murder still stand.

Regarding Larry's health, a surgery date has been set for August 18, 1999. Keep him in your prayers.

August 1, 1999

 Although no charges have yet been filed against Larry Nevers, it seems that the Wayne County Prosecutor's office is proceeding, as expected, toward a retrial.  Last Thursday,  July 29, 1999, a pre-trial meeting was held wherein Judge George Crockett III (trial judge at Larry's first trial) recused himself from the case.  It appears that Judge Thomas Jackson, who presided over Walter Budzyn's retrial, will preside over Larry's retrial as well.  Who chose Jackson, we don't know, and we are a bit confused over why the judge has been selected before the defendant has been charged, but we assume there is some logical explanation.

We received some good news (and answers to prayer) last week also, when Larry received word that two spots on his lungs tested NEGATIVE for cancer.  A third spot tested positive several weeks ago and surgery is planned for later this month to remove the center lobe of Larry's right lung. Keep praying. 

July 26, 1999

 Last Wednesday’s Detroit News printed an article by David Shepardson revealing that Larry Nevers is suffering from lung cancer and also that the Wayne County Prosecutor's office is making formal plans to recharge and retry Larry for the 1992 death of Malice Green.

4.) The Wayne County Prosecutor was and is well aware of Larry Nevers' outstanding record as a Detroit police officer. The Wayne County Prosecutor knows that Larry Nevers had one of the best records within the Detroit Police Department and had NOT ONE substantiated citizen complaint against him in over 24 years of serving the citizens of Detroit. The Wayne County Prosecutor asked that Larry Nevers' record of over 100 awards and citations NOT be revealed to his jury.

A few of the other unscrupulous actions committed by the Wayne County Prosecutor's office in an effort to railroad Larry Nevers and Walter Budzyn:

To read Wednesday’s Detroit News article go to: http://detnews.com/1999/metro/9907/21/07210096.htm

Here is the address for the Wayne County Prosecutor's office should you wish to write and express your viewpoint on the subject of recharging Larry Nevers:

Wayne County Prosecutor John O'Hair, 1441 St. Antoine, 12th Floor, Detroit, Michigan  48226

June 18, 1999

Prov 18:5 "It is wrong for a judge to favor the wicked and condemn the innocent."(TLB)

The Wayne County Prosecutor's office has told the media that they plan to retry Larry Nevers.  No official trial date has been set at this time.

The following are news articles printed today in the Detroit News and the Detroit Free Press regarding the United States Supreme Court's decision yesterday to uphold Larry Nevers release from prison. Also included below, is an article about retiring judge Dalton Roberson.  Roberson was the chief judge of Detroit Recorder's Court during the first Malice Green trial. It was Roberson who bypassed the usual blind draw process and hand selected Judge George Crockett III to hear the case.  It was also Roberson who refused to declare a mistrial after the showing of the Malcolm X film to the Nevers and Budzyn jurors shortly before they were about to deliberate. Roberson instead deferred the decision to Judge Vera Massey Jones who also refused to declare a mistrial and proceeded to extol the virtues of the film. The showing of this film was one of the major trial errors cited by the Federal Appeals Court in overturning Larry Nevers' conviction. Vera Massey Jones is currently Chief Judge of the newly revised Wayne County Circuit Court. Unless a change of venue is granted, this is the court that will retry Larry Nevers.

Nevers' freedom upheld

Supreme Court backs overturned conviction; prosecutors to try again

June 18, 1999

BY SUZETTE HACKNEY
FREE PRESS STAFF WRITER

http://www.freep.com/news/locway/qnevers18.htm

High court paves way for Nevers trial

By George Hunter / The Detroit News

http://www.detnews.com/1999/metro/9906/18/06180101.htm

Detroit jurist retires as one of Reader's Digest's four worst judges

By Pete Waldmeir / The Detroit News

http://www.detnews.com/1999/metro/9906/18/06180092.htm

June 17, 1999

!!!!!!!!!!!!!!!!!!!!!GOOD NEWS!!!!!!!!!!!!!!!!!!!!

The United States Supreme Court has REFUSED to hear the Wayne County Prosecutor's appeal of Larry Nevers release from prison!

Now for the bad news:  Larry Nevers, although currently a free man, may be recharged and retried by the Wayne County Prosecutor at any time.  Further details will be announced as soon as we know anything.

March 3, 1999

"We conclude that it would not be debatable among reasonable jurists that the Michigan Supreme Court's finding of harmless error is so arbitrary, unsupported and offensive to existing precedent as to be outside the realm of plausible credible outcomes.  Accordingly, we hold that the district court's granting of the writ on this ground is affirmed."  The United States Court of Appeals in the recent opinion upholding Larry Nevers release from prison with a writ of hapeas corpus.

The United States Court of Appeals for the Sixth Circuit has published the entire text of their decision affirming Larry Nevers release from prison by Federal Judge Lawrence Zatkoff.  The complete opinion

Detroit News article dated 3-2-99, Nevers wins his appeal to stay free

Detroit News article dated 3-2-99, For Nevers, good days are few

Free Press article dated 3-2-99, Tossing of Nevers' sentence is upheld

Detroit News article dated 3-3-99, Waldmeir: Nevers renews GOP ties while he waits for case to end - for good

March 1, 1999

THE NEWS WE HOPED FOR !!!!!!!!

Proverbs 18:5 - "It is wrong for a judge to favor the wicked and condemn the innocent."(TLB)

This morning we were informed that Judge Lawrence Zatkoff's decision releasing Larry Nevers from prison late in December of 1997 has been upheld by the United States Federal Court of Appeals.  Yippeeee!!!!  We do not have all the details yet, but it is our understanding that the court agreed with Zatkoff that extraneous influences such as the showing of the Malcolm X film to the Nevers' jury, may have influenced the jurors to find Larry guilty, and thus constituted an unfair trial.  We are told that the court did not agree with Zatkoff in regard to the issue of the pre-trial publicity.   Apparently the court did not feel that the massive negative publicity that preceded the trial (over 150 newspaper articles alone) was sufficient to influence potential jurors.

Although this decision was the best we could hope for at this time, this ordeal is still not over.  The Wayne County Prosecutors Office now has the option of appealing once again to the United States Supreme Court, or they can decide to retry Larry, or they could, of course, decide to drop the entire matter (a just, but unlikely choice considering their past record).

Until we have more news, here is a brief review of the oral arguments that were held last September 25, 1998 which lead to today's decision:

Oral arguments for Wayne County's appeal of Larry Nevers' prison release by Judge Zatkoff were held Friday, September 25, 1998 in Cincinnati. Judges Bright, Norris, and Batchelder presided.

Each side was allowed 15 minutes to argue their case and answer questions from the judges. Assistant Wayne County Prosecutor Olga Agnello went first, arguing the technicalities of whether or not Zatkoff had the legal right to grant a writ of Habeas Corpus in Larry's case.

Among other things, Agnello accused Zatkoff of erring by his omission of the word "minimal" in his 88 page written opinion. Agnello also reiterated the Prosecutor's position that despite the showing of the Malcolm X film, etc., Larry's trial was fair because prosecutors had questioned all jurors prior to the trial and each one had claimed they could be fair.

Larry's attorney Neil Fink began his presentation by citing the specific portion of Zatkoff's brief which did indeed use the word "minimal", then went on to argue that massive community prejudice and improper juror conduct (the viewing of the Malcolm X film, etc.) had resulted in a tainted jury and an unfair trial.

Both sides were equally grilled by the judges. Ms. Agnello was told that the showing of the Malcolm X film was "kind of shocking". Judge Bright told Agnello, "That is about as egregious an outside source as I have ever seen in 30 years on the bench and 20 years as a practitioner!" Agnello protested that the film was merely entertainment.

Mr. Fink was asked to tell the judges how they would be able to justify overturning the opinions of several other judges before them who had stated that there was overwhelming evidence against Larry Nevers, therefore making an unjust trial "harmless error".

While that question properly takes hours to answer, Mr. Fink briefly referred to a few central issues such as the numerous conflicts between the testimonies of the EMS technicians, Larry's claim of self defense, the Michigan Supreme Court's own admission that the case was a credibility contest, and the fact that Larry's jury took even longer to reach their verdict than Walter's, indicating a lack of overwhelming evidence.

January 15, 1999

A special message from Larry Nevers to Law Enforcement Officers:

To the many police officers reading this, I have a special message that you, and only you, will appreciate...

How many times have you testified as a witness in a court of law when either the prosecuting attorney or the defense attorney made this opening statement to the jury:  "Just because this person is a police officer, you are not to believe his testimony ANY MORE or ANY LESS than you would believe the testimony of an average citizen"? 

Now if you are unfortunate enough to face criminal charges, as I did, FOR SIMPLY DOING YOUR JOB, be forewarned. These attorneys will put forth an entirely different argument...First, the presumption of innocence is lost. That presumption may be taken from you by YOUR OWN police department as it was in my case, by firing you, or at the very least, suspending you without pay.

If possible, the prosecution, will use the fact that YOUR department fired you, to further point the finger of guilt in your direction.  The prosecutor, and the judge will then HOLD YOU TO A HIGHER STANDARD when it comes to charges filed and any conviction that may arise from these charges. BE PREPARED TO BE MADE AN EXAMPLE OF!

So, what it comes down to is this: when you are a witness, your word is NO BETTER OR WORSE than that of an average citizen,  but when you are the one accused of a crime, because you are a police officer, YOU WILL BE TREATED MORE HARSHLY than the average citizen. 

Walter Budzyn was improperly charged and convicted by a confused jury who listened to the rhetoric of the prosecutor rather than following the instructions of the judge. Nevertheless, had Walter been an average citizen, with the same background, charged with the same crime, he would most likely have been given a far lesser sentence. Walter could have been sentenced to 1 year in the county jail or even to probation.  But, once again, they made an example of him, giving him 4-15 years.

Ask yourself this question, how many times has the Wayne County Prosecutors Office pursued a serial rapist, a mass murderer, or an arsonist, with such fervor?  It's all about race and political correctness and it has been that way since the beginning.  PLEASE REMEMBER...the Wayne County Prosecutors Office is no friend of police officers! You are nothing more than an expendable necessity to them. 

"Wayne County Prosecutor John D. O'Hair reports that race is used on occasion in local courts: 'It is inappropriate but at times has been effective.' " -  from RACE OVER REASON IN THE JURY BOX, by Daniel Levine, Reader's Digest, June 1996

January 12, 1999

A three judge panel lead by Judge Hilda Gage ruled yesterday that Walter Budzyn's "time served" sentence was illegal.

After jurors at Walter's retrial last year, convicted him of involuntary manslaughter, Judge Thomas Jackson sentenced Walter to 4-15 years, knowing that  he had already fulfilled the minimum requirement  for that sentence and would therefore not have to be returned to prison.  The Wayne County Prosecutor's Office, however, demanded that Walter be returned to prison for several weeks until an official parole board could formally release him.

Upon hearing this unreasonable demand, Jackson accused the Wayne County Prosecutor's office of overkill and then resentenced Walter to the exact number of days he had already served.  It was this resentencing that was vacated yesterday. Judge Jackson's original 4-15 year sentence has now be reinstated and Walter will have to be returned to prison unless Jackson grant's Walter bond pending an appeal to the Michigan Supreme Court.

In a WJR radio interview with Judge Gage this morning, Gage made it clear that she and the other judges on the panel were not ruling on the "merits of Budzyn's being free", but only on "the law as it is and the violation of the separation of powers."  Gage said that once Jackson had imposed the first sentence, he no longer had the authority to change it.

Walter's attorney Carole Stanyar was also interviewed by WJR host David Newman.  Stanyar said she had no dispute with the technicalities of the panel's ruling on the law, but accused the Wayne County Prosecutors office of "vindictiveness" and "pandering to a part of the population that wants another pound of flesh"  from Walter Budzyn.  Stanyar said that although Tim Baughman from the Wayne County Prosecutors office says they're "not looking for Walter to do more jail," Stanyer says, "That's kind of funny because he knows that's what's going to happen". 

"For this case to go on and on and on," said Stanyar, "serves no purpose."

Meanwhile, Walter's manslaughter conviction itself is being appealed.

Links to the related Detroit News and Detroit Free Press articles:

http://www.freep.com/news/locway/qbudz12.htm

http://www.detnews.com/1999/metro/9901/12/01120104.htm

December 18, 1998

Today the Detroit Free Press reported that a panel of federal judges has cleared Judge Lawrence Zatkoff of any wrongdoing in the way he acquired Larry Nevers' federal appeals case.

In 1997, when Zatkoff requested the case from the judge who originally acquired it by the usual BLIND DRAW method, he was met with protests from "In the Hood Research", a local community group who claimed Zatkoff was not following proper procedure and was trying to engineer Nevers' release from prison. The federal court responded to "In the Hood Research" by assigning several judges to review Zatkoff's actions.   When these judges cleared Zatkoff, "In the Hood Research" demanded and received, an investigation by a full panel of federal judges.   It was this full panel who cleared Zatkoff on Wednesday.

We must assume that "In the Hood Research" is made up of individuals that care about fairness and justice. How refreshing to know that there are people like this in our community that keep a watchful eye on our judicial system.

George Crockett III was the first judge to hear the Malice Green case in June of 1993. At this time, three judges made a special request to hear the Malice Green case, Dalphine Curtis, Vera Massey Jones, and George Crockett III.  Consequently, Dalton Roberson, then Chief Judge of the now disbanded Detroit Recorders Court, hand selected Crockett to hear the case. THERE WAS NO BLIND DRAW.

At Walter Budzyn's retrial in 1998, there was NO BLIND DRAW EITHER. In that case, then Chief Judge Vera Massey Jones (yes, the same one who wanted to hear the case herself, and the same one who okayed the showing of the Malcolm X film to both juries at the first trial) hand selected Judge Thomas Jackson to hear the case.

Since "In the Hood Research" did not protest either Crockett's acquisition of the original trial or Jackson's acquisition of the Budzyn retrial, there are some who think that "In the Hood Research" was formed merely out of hatred and contempt for former officer Larry Nevers. But we, as clear thinking individuals, know better. We must assume that In the Hood Research knew nothing about these similar patterns of court conduct. Perhaps they were busy searching for injustice elsewhere.

Link to today's Free Press article

September 5, 1998

If you have not read the four excellent articles recently printed in The Novi News about Larry Nevers and the Malice Green case, they are on our website under "Telling the Truth". Check them out.

August 23, 1998

"You do not have to lie. I'm telling you, you do not have to lie!" - WXYTam radio talk show host Mark Scott, August 21, 1998

August 20, 1998

After the emotional exhaustion of Walter's retrial, we are finally getting our act together.  The website has been updated and we are making plans for a fundraiser for Larry Nevers.  A new edition of our newsletter "Reasonable Doubt" will soon be going to the printer as well.  We want to thank all of you for your continued dedicated support.

The date of our fundraiser is set for September 29th, 1998 at Burton Manor, 27777 Schoolcraft Rd (Jeffries Fwy), Livonia, Michigan, 48150.  Phone: (734) 427-9110.  It will be a Spaghetti Dinner, from 5pm to 10pm, donation $20.00.   Entertainment will be provided by Live Music By Cozy. Further details will be announced as we get closer to the date.  Please encourage every supporter you know to attend. 

Meanwhile, it has come to our attention that a rumor has been circulating within the Detroit police department, that money we have collected thus far is being misspent.   In answer to that rumor we would like you all to know that our books were shown to the DPOA the last time this claim was made, and Don Johnson, then President of the DPOA, did not dispute our expenditures.  While the Detroit Police Officer's Association has thus far paid for modest past attorneys' fees, extra trial expenses such as co-council will remain our responsibility.  We have also spent funds on community polls, advertising, fundraisers, and so forth.  Because of the huge expense of publishing our newsletter, we have been forced to reduce the frequency of its publication from bi-monthly to only once or twice a year.  None of our volunteers are paid for the work they do supporting Larry and Walter.

Our financial situation at present is far from glamorous.  Expenses for Walter's retrial brought our funds to a dangerous low.  With the costs of our upcoming fundraiser and the long delayed publication of "Reasonable Doubt," we will be in the RED.   If anyone has further questions about this matter please contact us.

P.S. A special thank you to everyone who sent birthday wishes to Larry last month!

July 2, 1998

Who is behind the citizens group "In The Hood Research"?   Who are Percy Harris, Hassan Aleem, and Carl Williams, and who are do they really represent?   Which of the 160 signatures on their petition to the Judicial Council of the Sixth Circuit Court of Appeals in Cincinnati, will we recognize?  Who is paying for all this legal work? 

Yesterday, July 1,1998, the Detroit Free Press published a front page article stating that several members of this neighborHOOD group filed a complaint against Federal Judge Lawrence Zatkoff regarding the manner in which he acquired Larry Nevers' request for a writ of Habeas Corpus. (It is because of Zatkoff's courageous refusal to bend to the politics of this case, that Larry was released from prison last December.) An investigation is to be conducted.

Mr. Harris claims that Judge Zatkoff violated court procedure when he requested and was granted the Nevers' case from the judge to whom it had been assigned by blind draw.

If you have been following this case closely, you know that a complaint about this exact matter was already filed by "unnamed" persons, when Zatkoff first received the case. An investigation was made at that time and Zatkoff was cleared of all wrong doing. It was determined that what Zatkoff did was very routine and violated no rules.  (See our update dated November 27, 1997.)

Why is Zatkoff being subjected to a second investigation?

Why is it so easy for these supposedly ordinary citizens to be granted a full scale investigation by a "panel of Federal Judges" in a frivolous matter like this one, when at the same time organizations like the FBI have refused to investigate any of the many serious violations in court rules or any of the obvious prosecutorial misconduct permeating this case from day one?

If you will recall, at the first Nevers and Budzyn trial, three judges made a special request to hear the case. Dalphine Curtis, Vera Massey Jones, and George Crockett III. Dalton Roberson, then Chief Judge of the now disbanded Detroit Recorders Court, hand selected George Crockett to take the case. THERE WAS NO BLIND DRAW. Is Mr. Harris' organization protesting this breach in routine procedure? Where was Mr. Harris when Judge Jackson was hand selected by then Chief Judge Vera Massey Jones (yes, the same one who condoned the showing of the Malcolm X film to both juries at the first trial) to preside over Walter Budzyn's retrial? NO BLIND DRAW THERE EITHER.

Who does "In The Hood Research" really represent?
Let us know if you know who these people are and who is behind them.
Link to the Freep article: Panel to probe how Judge got Nevers' case. July 1, 1998
http://www.freep.com/news/locway/qnevers1.htm

On another subject, mention needs to be made regarding Judge Thomas Jackson who presided over Walter Budzyn's recent retrial. Jackson originally sentenced Walter to 4 to 15 years for involuntary manslaughter, but indicated that Walter had been a model prisoner during the 3 years and 9 months he had already served and was therefore qualified to remain out of prison with "time served" only.

The Prosecution immediately objected, demanding that Walter be returned to prison in order to be released in about a month's time following a routine parole board hearing.

After pondering the issue for a month, Jackson met with attorneys on both sides and then quickly put and end to the prosecutor's shenanigans and resentenced Walter to exactly the time he had already served.

Now the real news is this. Following sharp criticism for his actions, Jackson issued a statement charging Wayne County Prosecutor John O'Hair with playing on the emotions of this case for his own political gain by insisting that Walt be imprisoned merely to be released.

Jackson is the first Detroit court official to publicly acknowledge that this case is being used as a political football at the expense of the defendants. We applaud your courage and integrity in this matter Judge Jackson.

Link to the article about Judge Jackson: Judge Chides Prosecutor
http://www.freep.com/news/locway/qbudz22.htm

May 21, 1998

Yesterday Judge Thomas Jackson met with prosecution and defense attorneys to determine whether Walter Budzyn would have to be returned to prison in order to be officially released.  Walter has fulfilled the requirements of his minimum sentence already (4 years minus the 3 years 9 months and 20 days already served, and taking into account a 20% decrease in his minimum for good behavior), and Judge Jackson had already indicated verbally at Walt's sentencing, that he had not planned on returning Walter to prison. 

Prosecution attorney Douglas Baker argued that proper procedure demands that Walter be returned to prison for a minimum of 30 days before an official parole board hearing could be held to release him.  Defense attorney Carole Stanyar presented evidence of a similar Oakland County case where the defendant was not required to be returned to prison merely to follow a formality, when his time had already been completed.

Judge Jackson ruled that Walter WOULD NOT have to be incarcerated again.   Baker, as we would expect, considering the politics of this case, vowed to appeal Jackson's ruling. (Yes, this is the same Douglas Baker who said, off the record, at Walt's verdict reading, that he was "only going to ask for 'time served' anyway.")

If you wish to read the distorted, and continually biased, pro-prosecution, media version of yesterday's meeting, take the following links: 

The Detroit News 5/21/98:  http://www.detnews.com/1998/metro/9805/21/05210086.htm

The Detroit Free Press 5/21/98:  http://www.freep.com/news/locway/qbudz21.htm

May 1, 1998

Check our new page No Justice, No Police,   for a great editorial written by Jimmy Smith from the Law Enforcement Trainer's Page, www.lawenforcement-trainer.com.   We have also added a page called What You Can Do.   So far there is nothing there, but check back in a few days.

April 27, 1998

Walter Budzyn is currently preparing to turn himself in to serve the remaining few months of his minimum sentence.  A parole board hearing will be had to determine what happens next.  It is my understanding that Walt's previous good behavior in Fort Worth may entitle him to a 20% reduction in his minimum.  In this case the time he has already served may fulfill his minimum sentence requirements.

In my last update I said that Prosecutor Baker had asked for a sentence of 1-5 years.  In checking my notes I find that he asked for a MINIMUM of 1-5 and suggested "somewhere in the middle."  The News reported that Baker had asked for a 7-8 year minimum.  If he did, it was not done orally at the sentencing.

A quick note about Judge Jackson's remarks at the sentencing:  At first I was puzzled as to why Jackson made so much of why Budzyn and Nevers had any contact with Green at all that night, calling it "the most glaring" question about the officers conduct.  After pondering the judge's remarks, it seems obvious to me that in questioning the stop, Jackson was trying to justify the jurors conviction.   He had instructed them NOT to convict for "failure to act" so Jackson's explanation for their verdict was to say that the "action" Budzyn took that was "grossly negligent" was to stop Green in the first place.  Of course we know from one juror's interview with the News, that they did indeed convict for "failure to act," not because they questioned the stop itself. 

For all you law officers out there, Jackson is telling you that you are "grossly negligent" if you pull over a car that matches the description of a stolen one, has bullet holes in the side, stops abruptly in front of a known drug house, and from which flees a known drug dealer.  Take care.

P.S. During the trial, the prosecutor glossed over this subject with almost no comment.  Apparently he did not think he could realistically say it was an inappropriate stop.

Note: Did you know that arrests dropped in Wayne County by 8,000 in 1993 compared to 1992 while reported crimes dropped only 2,000?  Could it be that some officers were afraid to do their jobs after the Nevers and Budzyn railroading?
 

April 17, 1998

Walter Budzyn was sentenced today to a minimum of 4 to a maximum of 15 years in prison for his conviction of involuntary manslaughter in the in-custody death of Malice Green.  Prior to pronouncing the sentence, Judge Jackson gave a long and convincing speech promising fairness and impartiality.  He said he would not bow to extremists on either side, but was governed by the "rules of law and reason, not passion."  Jackson called the juror's verdict "fitting and commendable," but was vague as to what action he felt Budzyn took that could have been construed as "grossly negligent."    Jackson rejected several arguments by Prosecutor Baker as to why Budzyn's sentence should be longer than the "time served" that Baker had originally told the press he would ask for.   Jackson seemed to indicate that there was some question as to the degree of Budzyn's involvement in the incident, and as to how much he was aware of what actually happened to Green.  Jackson spent some time discussing how difficult it was to judge a police officer's spur of the moment decisions retroactively, and then went on the commend the work of police officers who "lay their lives on the line daily."  

It appeared obvious that Jackson accepted, without question, the UNPROVEN allegations made by both the defense and the prosecution, that Green was indeed beaten to death.  This, of course, causes us to wonder what Walt's sentence would have been had it been revealed in court that Larry Nevers acted in self defense, and that Green's head injuries were "only superficial and could not have caused his death" and that Green would not have died had he not been abusing cocaine and alcohol. (Assuming Walt would have convicted at all.)

We are at least thankful that Judge Jackson allowed Walter to remain out of jail temporarily until it could be determined exactly what the requirements are, regarding a person who has already served his minimum or near minimum sentence.

April 12, 1998

Holiday advice:  "Hate evil and love the good; remodel your courts into true halls of justice." - Amos 5:15 LB
More holiday advice:  "Keep far away from falsely charging anyone with evil." - Exodus 23:6 LB
Still more holiday advice:  "Rescue those who are unjustly sentenced to death; don't stand back and let them die.  Don't try to disclaim responsibility by saying you didn't know about it.  For God, who knows all hearts, knows yours, and he knows you knew! And he will reward everyone according to his deeds." - Proverbs 24:11 LB
One last piece of advice:  "The policeman is sent by God to help you.  But if you are doing something wrong, of course you should be afraid, for he will have you punished. He is sent by God for that very purpose.  Obey the laws, then, for two reasons: first, to keep from being punished, and second, just because you know you should." - Romans 13:3,4 LB

April 5, 1998

Walter Budzyn’s sentencing date for his conviction of involuntary manslaughter is set for April 17, 1998 and we are all praying for leniency on the part of Judge Jackson who has handled the case in a fair manner to date. Walter was convicted in 1993 of second degree murder and sentenced to 8-18 years. He had served 4 years before his conviction was overturned by the Michigan Supreme Court in July of 1997.

We are hoping that Judge Jackson will take this into consideration and sentence Walter to time already served or probation, and that Walter will not have to suffer the ordeal of prison again. Walter’s current conviction will be appealed sometime after the sentencing date for several reasons including the erroneous instructions shown to jurors by the prosecution just before deliberations. (see Walter Budzyn Trial Review for further explanation.)

Meanwhile, we are working on updating and revamping our website. Several pages have been added so far, including What Really Killed Malice Green?, and The Media’s Role in the Railroading. We have also chosen our best and worst picks from among the newspaper articles written in regard to Walter’s retrial, so visit Fact and Fiction/Newspaper Links. Much more is planned so keep checking back.

February 10 - March 20

See our Walter Budzyn Trial Review page.

January 29, 1998

Yesterday's Welcome Home Party/fundraiser was a smashing success!  The 1,000 person banquet room at the Fern Hill County Club was filled to capacity and a good time was had by all.  Larry, Walt, Walt's attorney Carol Stanyer, and Senator David Jaye each spoke briefly.  (Please remember to keep giving David Jaye your support at the polls.)  Walt was all smiles and Larry gave out the maximum in hugs and handshakes.   Both Walt and Larry want to thank you once again for all your efforts on their behalf during the last five (long) years.  Pray that justice, although not particularly swift so far, will eventually be sure, perfect and true.  All proceeds from the fundraiser will go to assist in Walter Budzyn defense at his upcoming trial, scheduled to begin February 10, 1998.  The location will be the Frank Murphy Hall of Justice in downtown Detroit.

January 28, 1998

Pre-trial motions for Walter Budzyn's upcoming retrial were heard Monday, January 26, 1998, by Wayne County Circuit Judge Thomas E. Jackson. At the hearing, prosecutors requested that jurors be given the option of convicting Budzyn of involuntary manslaughter. According to the Detroit News, "prosecutors argued that jurors might not be convinced Budzyn struck the fatal blows, but still might consider him guilty of involuntary manslaughter for failing to protect the man he arrested." Jackson refused the request. Budzyn's jurors will only be allowed to consider the charge of second degree murder. Prosecutor Douglas Baker asked Judge Jackson to delay the trial, scheduled to begin February 10th, 1998 while he appeals the ruling, but Jackson refused.

January 1, 1998

THE FOLLOWING ARE QUOTES FROM JUDGE ZATKOFF’S LENGTHY WRITTEN OPINION:

"Needless to say, merely stating that the evidence against the Petitioner (Nevers) was overwhelming does not necessarily make it so." "The Michigan Supreme Court apparently found the testimony of the EMS workers to be 100% accurate and completely true and thus overwhelming evidence of Petitioner’s guilt. However, the only way the Michigan Supreme Court could so find is by ignoring the significant inconsistencies in EMS workers’ testimony, and by completely disregarding the testimony of Petitioner (Nevers)."

December 30, 1997

WELCOME HOME LARRY!!!!

Today U.S District Judge Lawrence Zatkoff ruled that Larry Nevers did not receive a fair trial and ordered his immediate release from the Fort Worth, Texas prison where he has spent the last four years.  Finally some justice has been had for Larry and a victory won for all police officers doing their best to serve and protect.

Judge Zatkoff issued an 88-page written decision reversing Larry's conviction.   Among other things, Zatkoff criticized the showing of the Malcolm X film and trial Judge Crockett's failure to issue a change of venue. Referring to the issue of jury taint, Zatkoff said, "The court cannot imagine a more prejudicial extraneous influence than that of a juror discovering that the city he or she resides in is bracing for a riot -- including activating the National Guard and closing freeways in the event the defendant on whose jury you sit is acquitted."

Check back soon for a more complete update as information becomes available!

Link to CNN News article - 12/30/97

December 19, 1997

Oral arguments were heard today by Federal Judge Lawrence Zatkoff on Larry Nevers' appeal. Only 16 persons were in attendance.

Judge Zatkoff seemed well versed on the case at hand and asked numerous probative questions to both sides. Larry's attorney Neil Fink was asked why defense lawyers did not protest trial judge Crockett's failure to properly instruct the jurors that if a defendant claims they acted in self defense, it is up to the prosecution to prove that he did not. Fink responded by saying that a defendant should not suffer because his attorney forgot to protest a judge's failure to properly instruct, especially after he had already made a request to the judge for this instruction and the judge has agreed to do so.

Prosecution attorney Olga Agnello addressed the issue of "overwhelming evidence" by describing Green as laying limp and motionless across the front seats of his car as Nevers beat him. Judge Zatkoff asked her if she knew that three other witnesses testified at a later trial that Green was still resisting to the point that it took 3 or 4 officers to subdue and hand cuff him. After Agnello explained that she was aware of these witnesses, but did not think they testified at the Green trial, Zatkoff asked her, "Doesn't the prosecution have an obligation to call all the witnesses?"

Zatkoff also asked Agnello if she was aware that the EMS technicians who transported Green were not qualified to treat Green beyond putting a bandage on, and that they stopped on the way to the hospital to "have a meeting."

Judge Zatkoff said he would "in all probability issue a written opinion." He concluded by saying he would not address the bond issue...  He is going to move quickly on this case.

Link to related newspaper article:  Detroit Free Press 12-20-97

November 27, 1997

Page 2B of Thanksgiving Day's (11-27-97)  Detroit Free Press contains an article written by David Ashenfelter entitled "Judge cleared in Nevers case". According to this article, a panel of federal judges has determined that Judge Lawrence Zatkoff did nothing wrong in the way he acquired Larry Nevers' federal appeals case. The case was originally assigned to Judge Bernard Friedman by blind draw, but Zatkoff requested and was given the case because he had handled the civil suits of the other officers involved in the Malice Green incident. When Zatkoff decided to expedite Larry's case and chose of have his own staff handle it rather than the general court staff, "some court employees" complained that Zatkoff was "engineering Nevers' release from prison," and a panel of judges was promptly convened to investigate Zatkoff.

Latest Newspaper articles:

November 16, 2006 Stand By Me
October 23, 2001 Court upholds conviction of Budzyn in Green case
June 19, 2001 Family of police-beating victim still squabbling over settlement
June 19, 2001 Green's kin still fighting over death settlement
May 24, 2001 Former Detroit cop released from prison
January 25, 2001 - National Review - Who would you pardon?
July 18, 2000 - Nevers is off to prison -- again
July 18, 2000 - Detroit News, Nevers ordered back to prison 
March 30, 2000 - Detroit News, Jury's makeup satisfies mother of Malice Green
March 29, 2000 - Detroit News, Drugs key in Green's death, Examiner says
March 28, 2000 - Detroit News, Nevers retrial heats up fast
March 27, 2000 - Detroit News, Ex-officer's retrial begins in 1992 beating death
March 24, 2000 - Detroit News, New jury is selected for Nevers
March 18, 2000 - Free Press, Opinions keep many off Nevers retrial jury
March 14, 2000 - Detroit News, Nevers trial seeks jurors
March 14, 2000 - Free Press, Selection of jurors continues for Nevers' retrial
March 12, 2000 - Detroit News, Nevers Retrial will be different


March 29, 2000
Drugs key in Green's death, examiner says
Cocaine 'had to have played ...role,' he says in Nevers retrial testimony

James Borchuck / The Detroit News Former Detroit Officer Larry Nevers and partner Walter Budzyn were convicted of second-degree murder in 1993 in the beating death of Malice Green. Their convictions were overturned in 1997.

By David Shepardson / The Detroit News

    DETROIT -- The Wayne County medical examiner who oversaw the autopsy of Malice Green said Tuesday that cocaine in the 35-year-old steelworker's system "played a role in his death."
   In a victory for the defense in the second-degree murder retrial of former Detroit Police officer Larry Nevers, Bader Cassin went further than he had in previous testimony, repeatedly saying that cocaine played a role in Green's death.
   "Cocaine should not be ignored as an important part of the case," said Cassin, who is now Washtenaw County's medical examiner. "Cocaine had to have played some kind of role."
   It is the defense's contention that Green's consumption of alcohol and cocaine, which Cassin placed at between one and four hours before the Nov. 5, 1992, curbside confrontation, led him to psychotic, bizarre behavior.
   But Baker elicited testimony from Cassin that lessened the impact of Cassin's testimony.
   Cassin repeated that the cause of death was multiple blunt-force trauma, including at least 11 blows to the head.
   The jury saw 11 pictures of Green's body, many of which Judge Ulysses Boykin described as gruesome. But the judge would not allow the prosecution to show two pictures of Green in a body bag.
   Cassin conceded to Baker that blood-sugar level, blood pressure and thyroid levels could all play a role in Green's death. And there is no evidence, Cassin said, that Green's enlarged heart was a result of cocaine use.
   Baker and Nevers defense attorney Neil Fink sparred over whether Green's behavior could be construed as bizarre, and would fit the profile of a cocaine-induced episode.
   In anger, Baker retorted: "Do you consider it bizarre behavior to beat someone 10 times in the head to get them to open their hands?"
   Fink's responded: "Do you consider it bizarre behavior to defend yourself?"
   Both questions were stricken from the record.
   Following Cassin, one of emergency medical technicians on the scene began testimony.
   Scott Walsh, who is now an Eastpointe firefighter, testified he saw Nevers repeatedly strike Green with a flashlight, while asking him to open his hand and drop a set of car keys.
   Walsh said Green offered no resistance, and "was covered in blood."
   Nevers and partner Walter Budzyn were convicted of second-degree murder in 1993. Their convictions were overturned by separate courts in 1997. Budzyn was retried and convicted in 1998 of involuntary manslaughter and was freed after the judge sentenced him to time served.
   Earlier, Ralph Fletcher, a friend of Green's who was in the car when the confrontation began, cleared up a suggestion that he had been less than truthful.
   Fletcher said about four years ago he was going to work as a housekeeper at a home that has since burned down.
   In the process, he had a piece of identification with that address that police viewed during a Dec. 29, 1999, raid. He maintained he never lived there. No charge has ever been filed against Fletcher in the incident.

March 14, 2000
Nevers trial seeks jurors

By David Shepardson / The Detroit News

DETROIT -- Former Detroit Police Officer Larry Nevers' retrial in the 1992 flashlight beating death of unemployed steelworker Malice Green got off to a slow start Monday, as 22 of the first pool of 75 potential jurors were dismissed.
   Wayne Circuit Judge Ulysses Boykin dismissed 19 for hardship reasons -- among them, Edith Dane, who was dismissed because she said she'd have to close down her auto glass shop in Mevindale.
   Several others were dismissed because of conflicting vacation plans and others because their employers or jobs wouldn't allow them to be sitting in court for at least a month.
   One woman who wasn't dismissed was a MGM Grand casino "casting agent" who said the casino wouldn't pay her if she was on the jury.
   Nevers and his partner, Walter Budzyn were convicted in 1993 of second-degree murder in the racially charged case. Both of the white officers eventually had their convictions overturned in the black motorist's death. In March 1998, jurors found Budzyn guilty of involuntary manslaughter and he was sentenced to time served.
   On Monday, Nevers said he felt "a little weak" following his recovery from lung cancer surgery in August.
   In the early afternoon, the court began questioning potential jurors on their understanding of the case. All but two of the 75 potential jurors said they were familiar with the case.
   Juror No. 67, an elderly white suburbanite, was allowed to remain in the pool over the objections of the prosecution, even after he said he thought the reason Nevers was prosecuted was: "They didn't want Detroit to be burned down again."
   Juror No. 58, a middle-aged white man, said he had an "anti-police bias" and was dismissed. Juror No. 36, a black woman, said she had heard that Nevers "was a little unscrupulous" and "had a tarnished reputation" and she was dismissed.
   Juror No. 44, an Asian-American man, was allowed to stay in the pool, after he said of the incident: "The officers were trying to do their jobs."

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