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PORTLAND – A judge has thrown out statements a Sudanese refugee made to Portland police, but the assault charges against her will stand.
Alice Okot could easily converse in English but she did not understand what was at stake when she agreed to be interviewed by police, Justice Thomas Delahanty II ruled in Cumberland County Superior Court.
Okot was one of three Sudanese refugees accused of biting and punching officers who were trying to subdue a family member.
Prosecutors say the ruling won’t have a big impact on the case against Okot. But it does add a new wrinkle for investigators.
Detectives long have known that they had to provide a translator for people who don’t speak English, but Delahanty’s decision suggests they may have to go further to ensure people understand their rights.
Police Chief Michael Chitwood said he respected the judge’s decision, but said there is a limit to how much his officers can do to span cultural differences with the city’s growing immigrant population.
“Do we have to go to their culture, or do they have to come to our country and learn about our culture?” Chitwood said. He said officers would continue “to evaluate each case on a case-by-case basis and use common sense.”
Okot and her sister Susan both face criminal charges for their parts in a melee that took place in a Hammond Street apartment on June 13, 2001.
Police received a 911 emergency call asking for help for Alice’s brother David Okot who was threatening to jump out of a second-floor window.
When police arrived, David Okot refused to put down a screwdriver he was holding and officers used pepper spray to subdue him.
While the officer struggled with Okot, his two sisters and mother jumped in. Alice Okot is accused of jumping on an officer’s back and hitting him with her fist, although she says she only grabbed him by the arm.
The Okots’ original lawyer, Charles Williams of Lewiston, said that it was a case of excessive force motivated by racism and filed a civil rights suit.
The suit is on hold while Williams is suspended from the bar for a series of ethics violations unrelated to the Okot case.
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