I represented a Tacoma cop falsely accused of murder. The media failed the public | Opinion

I was one of the attorneys representing Officer Christopher Burbank in the recently completed, high-profile trial of three Tacoma police officers charged in the death of Manuel Ellis.

All three officers were exonerated of the criminal charges filed against them by the Washington State Attorney General’s Office.

I think I speak on behalf of all the defense attorneys when I say it was a privilege to represent these fine officers.

During this case, I intermittently followed the reporting by the media during the trial. Because I was involved in the case, I felt that it would be inappropriate to comment on what I believe to be a false narrative put forth by some, including the Seattle Times, beginning with the podcast it produced in conjunction with KNKX radio.

From the beginning, the coverage characterized this as a killing by the officers.

Specifically, the Seattle Times advertised the podcast as offering, “... new insight into Manny Ellis’ killing by Tacoma Police.”

Through the trial, much of the local media continued to push this agenda. More often than not, the coverage took a position advocated by the Attorney General’s Office, which was that the officers killed Ellis, while leaving out any testimony that supported the opposite view.

This false narrative continued even after the jury returned its verdict completely exonerating each of the officers.

While the Pierce County Medical Examiner classified Mr. Ellis’ death as a “homicide,” that does not mean murder in the context of the courtroom, as all of the doctors acknowledged. The finding simply means that the person did not die from suicide, accident or natural causes. There is no criminal connotation associated with the finding of homicide.

Still, some have suggested local justice failed Ellis.

Let us be clear: Local justice did not fail Manuel Ellis. It is the media that is failing the community by suggesting that this verdict was not fair and just.

It is the media that created an illusion that the officers were guilty of the charges made against them. There wasn’t enough evidence to warrant charges being brought in the first place.

Unlike local editorial board members, I do not believe that criminal charges should arise out of “... community pressure and the murder of [George] Floyd....” As I argued to the jury, everyone, no matter who they are, should agree that politics has no business in the courtroom.

Notwithstanding my empathy for Mr. Ellis and the Ellis family, charges based on community pressure or politics is precisely how innocent people end up in prison.

Some in the local media have even suggested that Pierce County Superior Court Judge Bryan Chushcoff, who presided over the case, was not fair and that he should be investigated. For what?

One publication suggested that Chushcoff mocked the Ellis family. I never once heard Chushcoff offer anything close to a disparaging remark, and I was in the courtroom every day. The statements attributed to the judge were taken out of context.

Chushcoff’s rulings were based on the law and evidence given to him by the attorneys from both sides.

Meanwhile, others have argued that the jury didn’t hear all of the evidence.

That’s the justice system working.

A judge is supposed to exclude evidence that is irrelevant or prejudicial. Both the prosecution and defense sought to have things excluded, and neither of us got everything we wanted.

Chushcoff’s decision to bar evidence related to racial profiling and prior use-of-force investigations was fair. There was no racial profiling, and nothing in the use-of-force investigations that warranted admission in court.

Ultimately, I support freedom of the press. But with that freedom comes responsibility, which was neglected in this case.

It would have been advantageous if the City of Tacoma and its police department had body cams or dash cams in use on March 3, 2020, which is the day of this incident involving Mr. Ellis.

Had there been, I do not believe the media would be able to continue to push its falsehoods — or suggest the jury failed.

That narrative is harming everybody.

Wayne Fricke is an attorney with the Hester Law Group Along with his partner, he represented Christopher Burbank, who was acquitted of criminal charges in the death of Manuel Ellis.

This story was originally published January 12, 2024 at 5:00 AM.