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Bank Exec's Lawyer Disputes LAPD Story

J. Michael Flanagan says his client was not on drugs on the night he was arrested and beaten by LAPD.

It will be at least another 30 days before Los Angeles Police Department officers will be required to tell their side of the increasingly bizarre story of the arrest and beating of Deutsche Banks senior executive Brian Mulligan on May 15, 2012 in Highland Park. 

Mulligan's legal team filed an official abuse claim against both the City of Los Angeles and the LAPD on August 18, alleging that officers arrested the 52-year-old La Cañada man without cause, held him at a Highland Park hotel for several hours, and then mercilessly beat him when he attempted to escape.

The filing of the claim triggered a 45-day waiting period before Mulligan's legal team can file an official suit, which will allow them to subpoena LAPD officers and learn more what happened on that night.

In the meantime, J. Michael Flanagan, Mulligan's attorney, attempted to refute many of the claims made by LAPD officials about his client's behavior on the night of the arrest.

LAPD's account of the evening depicts Mulligan as a desperate individual who was struggling through domestic troubles and exhausted from a 4-days-long trip on hallucinogenic drugs.

In a police report released to CBS Local, officers state that Mulligan told them that he was going through a divorce and that he hadn't slept in four days. The report also states that Mulligan admitted to using marijuana and to ingesting bath salts, a drug with similar effects similar to cocaine or methamphetamine.

Speaking to Patch on Wednesday morning, Flanagan accused LAPD of fabricating their story to justify the force used to arrest Mulligan, which left him with multiple facial fractures and a broken scapula, among other injuries. 

Flanagan said that police claims that they first encountered his client attempting to break into cars at the Jack in the Box restaurant on Eagle Rock Boulevard was false.

"They have no evidence of that," Flanagan said. "There was a call about somebody trying to flag down traffic near the restaurant, but there is no 911 call about somebody trying to break into cars at the Jack in the Box."

Further, Flanagan questioned why officers wouldn't take a sample of his client's blood if he admitted to using marijuana and bath salts.

"Don't you think they would have drawn blood at the time when it was still in his system to ensure that he was on something?" Flanagan asked.

Flanagan also pointed to the statements in the police report stating that Mulligan was calm and cooperative while he took his field sobriety test, which he passed.

After their first encounter with Mulligan, LAPD officials report that officers took him to the Highland Motel to rest.

"I've never heard of anything like that happening before," Flanagan said. "If he was complaining of exhaustion, why didn't they let him call his wife and ask to be picked up?"

Flanagan also suggested that officers fabricated a story about Mulligan admitting that he was going through a divorce to explain why he wasn't allowed to call his wife. 

"Everything was going fine for him at that time," Flangan said. "His marriage was fine, his daughter was at USC and his son was the quarterback for the football team at a private school."

After taking Mulligan to the motel, officers responded to a report of a man causing  a disturbance in the roadway at Lincoln and Eagle Rock Boulevards.

Lt. Andy Neiman told Patch that officers employed "categorical use force" in taking down Mulligan, who was allegedly baring his teeth and presenting his hands like claws.

Flanagan said that report didn't jibe with the police report statement that Mulligan was calm and cooperative with officers during his field sobriety test.

"This is all a set up to justify their behavior," Flanagan said.

LAPD officials declined to further comment on the story, citing that the case was now in litigation.

Mulligan is seeking $50 million in damages and claims he still suffers as a result of the beating, listing ailments from damaged nasal passages to post-traumatic stress, according to the LA Times.

Ajay Singh (Editor) August 29, 2012 at 11:50 PM
There are a lot of puzzling aspects to this tragic story, but one stands out, and I don't see Mulligan's lawyer shedding any light on it: Why did the LAPD officers mistake Mulligan for a car thief—and what was he doing on or around Eagle Rock Boulevard in the first place? This may be something of a trump card that the plaintiffs will disclose in court, but the complete lack of it until now does suggest that there are more holes in this story than J. Michael Flanagan would like to plug.
Utena Tenjou August 30, 2012 at 01:32 AM
J. Michael Flanagan is one hot lawyer. :3
Gil August 30, 2012 at 03:36 PM
It appears LAPD did not go by proper procedure. When in the history of LAPD have they given somebody a ride to a Hotel??? or anywhere thats not police station or a jail. ODD.
sila August 30, 2012 at 04:37 PM
Time to round up witnesses, if he was running up to moving cars, there must have been people in those cars, they might be the only ones who can verify one way or another.
Henk Friezer August 30, 2012 at 09:01 PM
What does one expect his lawyer to say, he sees another way to line his oversized pockets at taxpayers expense. If proven that the police were truly at fault (which I doubt) than hold them accountable not the taxpayers and city coffers! Also I agree with Sila, there must be some citizens out there who witnessed the commotion at that hour, time too step forward! Hopefully they are not biased with a vendetta against police, but have an honest and objective observation.
Henk Friezer August 30, 2012 at 11:29 PM
Agreed. I had never heard of this. only thing I can think of is that suspect said he was staying at hotel, and cops decided to give him a break. But still, strange situation if he was breaking a law.
mark August 31, 2012 at 03:23 AM
I believe in the United States it is the responsibility of the LAPD to explain how they mistook Mulligan for a car thief, and not up to Mulligan's lawyer to explain. I believe the lawyer is actually trying to imply the exact opposite, which is there was no way for them to have made that mistake and that in fact nobody had reported someone breaking into cars. Oh and he bared his teeth and held his fingers up like claws..... Come on, that's what I do to scare my five year old. Would anybody suggest that she should take that as a reasonable excuse to beat me senseless? It's amazing how people are willing to side with the police in any matter and just assume that the other person is guilty/at fault. I mean it's the LAPD for god sake. They don't have a history of treating people justly and acting with restraint.
Adrian Balboa August 31, 2012 at 05:32 AM
strange?
flygirl August 31, 2012 at 07:46 PM
Why not just take him into jail for the night? Why take him to a motel? I do think the LAPD was trying to give him a break and it back fired.
Duff Strong August 31, 2012 at 07:52 PM
Here's more wonderful LAPD action for you guys. http://latimesblogs.latimes.com/lanow/2012/08/video-of-lapd-body-slamming-woman-disturbing-chief-says.html I think it's time we start plastering these faces all over the internet. These fools MUST be held personally accountable. They do this because they've gotten away with it for years! Now cameras are everywhere and they can't hide. And I'm not willing to pay a single cent to defend these bastards.
frank van neutra lautner September 03, 2012 at 03:38 PM
"Why did the LAPD officers mistake Mulligan for a car thief—and what was he doing on or around Eagle Rock Boulevard in the first place?" Last time I checked, Eagle Rock Boulevard is part of a free country and people who are found by LAPD on or around Eagle Rock Boulevard are innocent until proven guilty, meaning, it's up to the police to explain why their reasons to suspect Mulligan was a car thief were valid.
Wendy Thayer September 05, 2012 at 08:39 PM
If you did that to my 5 year old when neither of us know who you are, I would beat you senseless and then to a pulp, in a f-ing heart beat, And then some more, just to be sure. Got brain??
mark September 05, 2012 at 09:26 PM
Ahhh Wendy you are a member of the LAPD then. Huh? Such violence. Do you often going around beating people in front of your five year old?
Wendy Thayer September 05, 2012 at 09:40 PM
If they act like you, absolutely. children need to know they don't have to tolerate perverts and that beating perverts is acceptable. I'm not LAPD, I'm a parent. You'll be begging LAPD to save you. Freak.

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