Controversial photo followed police beating, says lawyer

The lawyer for the prisoner who was photographed with a group of Vancouver police officers earlier this monthsays his clienthad been beaten by the officers.

Martin James Weigelt, 40,was arrested by police in Vancouver's Southlands area on Nov. 5.

Police Chief Jamie Graham revealed on Wednesday that five officers are under investigation for posing smiling with an injured Weigelt, who police says has a long criminal record.

Police haven't released the photograph, but they have described it. They say Weigelt looks distressed, and has a cut on his face.

Beating alleged

His lawyer, Phil Rankin, said Weigelt doesn't care that he was photographed with police, but is upset about the alleged beating before being taken to the city jail.

"He was kicked and punched. Atsome point,somebody held what they said was a Taser to the side of his neck and began to threaten him."

Graham defends the force used by officers during the arrest as lawful, necessary and appropriate but said he's concerned thathis officers took Weigelt out of his cell and made him pose for the photograph.

"Standing with a person taken into custody for a questionable photograph is just not right," said the police chief.

When asked if the officers were taking a "trophy" photograph, Graham said he wouldn't categorize it that way. But he did say the suspect was high on the radar for officers who work on the street.

"The fact the person was arrested in possession of housebreaking tools was seen by officers as a good arrest, a meaningful arrest, and I presume that's what led to this photograph."

Graham added that while the officers may have been proud of the arrest, their actions have hurt the department's reputation.

"I cannot think of anything more important than the proper treatment of people in our custody. We owe them an additional level of care, as many are sick, injured or impaired, and thus may not be able to look after themselves," he said.

"Any act or omission designed to humiliate or ridicule a prisoner is wrong."

Two of the officershave been placed on administrative duty. Graham says he's reserving judgment on the three others.