Police violence in Herford: How a traffic stop escalated

Herford/Bielefeld. The charges against Hasan K. (name changed) are resistance to state power and bodily harm. Still images from a video recording of the operation in June 2014 seem to clearly prove this. But Hasan K.’s defender, Detlev Binder, had the strange feeling that the still images didn’t reflect the entire event.

The Herford police will not release the video for a long time. Binder only sees the recording shortly before the trial begins and is shocked by what he sees. The police officer hit Hasan K. several times and attacked him with pepper spray. Instead of the defendant, police officer Sebastian P. (name changed) is now the focus of the proceedings.

In the latest episode of “OstwestFallen”, the true crime podcast from “Neue Westfälische”, Birgitt Gottwald and criminal lawyer Detlev Binder talk about a case that has made waves far beyond the borders of OWL.

Police violence in Herford – the case at a glance:

• During a police check in June 2014, Hasan K. was attacked by police officer Sebastian P.
• Initially, Hasan K. is accused on the basis of still images from a video recording.
• The criminal lawyer Detlev Binder requests the entire video from the police. This will only be sent the evening before the trial begins.
• In the video you can see how Hasan K. is beaten several times by the police officer.
• After the video is played in court, Hasan K. is acquitted and Sebastian P. becomes the focus of the investigators.

Herford police release video late

The Bielefeld public prosecutor’s office brought charges against Hasan K. based on still images that came from a video recording of the incident. Binder noticed that the time stamps on the still images were sometimes several minutes apart. In order to check what happened in the meantime, Binder requested the entire video from the Herford police.

It took until the evening before the trial began for the video to be available. Because it was initially encrypted, Binder was only able to view the video on the morning of the first day of the trial. What he saw shocked him so much that he couldn’t believe his own eyes. “What I saw completely perplexed me,” says Binder. “I showed it to an employee and she said: ‘Someone is being beaten up by a police officer. It’s clear.’”

In the video you can see how police officer Sebastian P. first tries to bring Hasan K. to the ground. K. defends himself, whereupon P. gives him two punches. K. gestures, obviously excited, but does not attack. P. then uses pepper spray against K., runs after him and uses the pepper spray again.

Mild sentence against police officers

Binder and Hasan K. play the entire video in court. The charges against K. are dropped. The public prosecutor’s office is initially on appeal, but this is later withdrawn. Instead of Hasan K., Sebastian P. is now being investigated.

Also read: Police officer attacks driver: public prosecutor’s office investigates

Charges have been brought against the police officer for innocent persons, bodily harm in office and attempted fraud. At first Sebastian P. defended himself offensively – without success. P. is sentenced to a suspended prison sentence of 15 months. Police officers who are sentenced to more than one year in prison must be removed from duty. However, the official is appealing.

In the second trial, a good year after the first conviction, P. made a confession. From Binder’s point of view, this is very much appreciated by the judges. The final verdict, which was pronounced in May 2018, was eleven months probation and 4,200 euros in compensation. There is no further information about internal police disciplinary proceedings. Investigations against other police officers involved in the case, as well as the Bielefeld public prosecutor’s office, did not lead to any convictions.

Also read: Herford police officer in Bielefeld sentenced to eleven months in prison