GREENVILLE - A neurosurgeon testified in 2004 that Chris Reed's aneurysm was not related to any blow or blows Reed received to his head when he attempted to repossess a Mercedes from Leflore County Judge Solomon Osborne in 2002.
Dr. Adam Lewis, a board-certified neurosurgeon at the Jackson Neurosurgery Clinic, treated Reed for a brain aneurysm in November and December 2002. Lewis testified in an April 20, 2004, videotaped deposition.
Reed is seeking $30 million for injuries that he claims stem from the incident, in which he said his head struck the pavement twice while he was in handcuffs.
Lewis' deposition was played Monday in federal court.
Under questioning from defense attorney Gary Friedman of Jackson, Lewis said Reed suffered from an "incidental aneurysm, unrelated to the head injury or concussion," that Reed claims happened on the night of Nov. 7, 2002, after repossessing the car from Osborne.
Closing arguments were expected to be completed today. Monday's proceedings marked the second week of testimony in the case in front of U.S. Circuit Judge Allen Pepper Jr. and a jury of seven women and a man.
Monday's proceedings were shorter than originally expected to allow one juror to attend the funeral of a family member. That juror was expected to resume duties this morning.
Early last week, the plaintiffs presented medical testimony supporting their contention that the aneurysm might have been related to the blow or blows Reed received while under the control of the police department.
Friedman is representing Police Officers Curtis Lee, the arresting officer, and Police Chief Henry Harris, who at the time was Lee's shift captain.
In the videotaped deposition, Lewis, who first treated Reed on Nov. 13, 2002, described Reed's aneurysm as a "congenital abnormality," which led to a "weakness in the walls of the artery."
Lewis, who has treated close to 700 aneurysm cases, said Reed's aneurysm "was not bleeding or had not bled" at the time it was discovered.
"The head trauma did not cause the injury," Lewis said.
He said Reed's concussion might ultimately have been "a blessing in disguise."
"We might not have found it if he did not have this incident," Lewis said.
He said Reed's decision to remove the aneurysm was elective surgery and not an emergency. Reed was discharged on Nov. 17, 2002.
Lewis said Reed's claims of insomnia, nightmares and headaches are consistent with the surgery and the post-operative medicine prescribed.
Lewis said he had not treated Reed since December 2002.
Lee also took the stand Monday.
Lee said when he arrived on the scene on Nov. 7, Reed and Osborne were arguing. He arrested Reed only after he refused to move his tow truck out of the street.
Lee testified that when he attempted to remove Reed from the back of his patrol car, Lee stumbled on the curb and both men fell out in the street. Lee said that Reed's head did not hit the curb or pavement. Instead Reed fell on Lee's right leg and upper body, he said.
Under cross-examination from Reed's attorney Lee Abraham, Lee disputed signing a ticket on Reed. However, he did say he helped Reed prepare an incident report.
Defense witnesses Crystal Chisholm and her mother, Janet Spain, testified that both Lee and Reed tumbled over once Lee lost his footing.
Chisholm, under questioning from defense attorney Mark Fijman of Jackson, testified that Reed hit his head once on the curb and almost hit his head a second time before police officers caught him.
Before the jury entered the courtroom Monday, Pepper instructed both sides to refrain from making racial statements in open court.
On Thursday, during cross-examination of Reed, Osborne's attorney, Leonard McClellan of Jackson, asked if Reed was shocked that a "black man was up in your face."
Pepper instructed the jury to disregard any statement made about race. "Race had nothing to do with this case coming here. Expunge it from your minds," Pepper said.
On Friday, Osborne, when he was on the stand, testified that he overheard Reed referring to him with a racial epithet on the night of Nov. 7.
McClellan told Pepper on Monday that Osborne's statement proves motive in the case. Pepper responded, "You are wrong. Show me anything in a pretrial order."
Once Pepper reviewed the pretrial order, he noted a paragraph that alleged Reed had used "profane or racist language."
Yet, Pepper said, Osborne had not filed a federal counterclaim for violation of his civil rights.
Pepper said he was "very angry" that Osborne referred to the alleged racial slur on Friday after he explicitly stated Thursday that race was not a factor in the case.
He said the jury's deliberations might have been irreparably damaged as a result.
Regarding Osborne's remarks on Friday, the judge said, "I can't un-ring the bell."
Pepper said neither side is to make any references regarding race for the remainder of the trial.
Immediately afterward, McClellan moved for a mistrial.
Pepper denied the motion.
