Dear Editor:

As a police brutality victim'swidow, I am seeking all the possible help to regain justice for my husband's wrongful death by the Kalamazoo County Portage City police in an execution manner with no due processing at all.

Life is hard after my husband was gone. As a single working mother with four children, I can barely survive from the daily routine. That is why I am turning to you, fellow victims of police brutality,and hopefully through your previous similar suffering,may guide me with better/effective ways to fight thebureaucracy and regain justice.

I plead for your help in the following categories:
1. Media help/referral?
2. Legal assistance/referral?
3. Supporting group/referral?
4. Financial support/referral?
5. Helpful web site?
6. Political help/referral?
7. Suggestion or advice?

I would like to have my story posted in the front page of your website. I have my story following this email letter to you.

Gratefully with hope,
Jane Z. Cao, Ph.D.
Address: 7192 Bridlewood Circle, Portage, MI 49024
Phone: (616) 321-0084
Email: janecao8@yahoo.com
Web site: http://cao.swifte.net/

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Petition for expedite complete and thorough independent investigation on the wrongful death of Mr. Xianqing Cao, Resident of 7192 Bridlewood Circle, Portage, Michigan, USA.

Jennifer M. Granholm, Michigan Attorney General
G. Mennen Williams Building, 7th Floor
525 W. Ottawa St
P.O. Box 30212
Lansing, MI 48909
Email: miag@ag.state.mi.us

Dear Attorney General Ms. Granholm:

We are deeply struck and saddened by the loss of life of Mr.Xianqing Cao, not only because he was wrongfully accused, but also because he was gunshot to death by the Kalamazoo County Portage City police on May 2, 2001 in an execution manner with no due processing at all.

We believe you have seen some bias reports based on only police side story without victim's voice heard regarding Mr.Cao's Death (which should be a balance report of both side), still, it takes no expert to see that there were many reasonable doubts remain unanswered when they buried the case.

There are two crucial factors of our justice system. First, everyone is innocent until proven guilty. Second, complete due processing procedure to prevent the innocent from been wrongfully charged. Regretfully, Mr.Xianqing Cao did not have the luxury to be protected under neither one but was shot to death in his own house.

Mr.Xianqing Cao's death was initially triggered by suspicious child abuse, which can be easily clarified if the due processing procedure was fulfilled. Instead, Mr. Cao's home was invaded by strangers with no clear explanation, insufficient communication, no legitimate documentation and no language translation when the suspicious party had language barrier. Are these normal due processing procedure for FIA (Family Independent Agency)? How can FIA treat an innocent civilian so brutally? What is their guideline and procedure?

It is a common sense that police can't break into someone's house without a warrant, and can't shoot any unarmed person. What's the legitimate reason for those police to be above the law to break into Mr.Cao's home without warning and without warrant, violate Mr.Cao's human right, and shoot this unarmed innocent person to death at his own house without "proven guilty"?

Furthermore, let fact speaks for itself:

1. There was NO gunpowder on Mr. Xianqing Cao s hand. Autopsy report did not indicate gunpowder residue found on victim's hand. The gunfire residue form in the police report clearly stated there was only a small amount of blood on victim s hand. These clearly indicated the police statement that claimed the victim shot them was a lie.

2. The policeman who claimed to be shot at by the victim, failed to provide any supporting medical report and refuse to have his wound photographed as documented evidence.

3. The fatal shot through the victim's temples was at contact to close range according to the victim s autopsy report.

4. James J. Gregart, Kalamazoo County Prosecuting Attorney rushed to conclude Mr.Xianqing Cao's death was legitimate justifiable homicide one week before the autopsy report was issued and intentionally ignored this crucial autopsy report? We can't make any better explanation except conclude this is teamwork to bury the case and cover up the guilty party of police brutality.

There are more supporting evidences, police report conflicts, FIA misconduct, and reasonable doubts by Cao's widow Jane Z. Cao ready for you to exam.

Mr.Xianqing Cao is survived by his wife Jane Z. Cao and four children. May he rest in peace and let his family honor their beloved husband/father through an independent investigation to bring back the justice.

Thus, we urge you, Ms.Granholm, Michigan Attorney General, to expedite a complete and thorough independent investigation on the wrongful death of Mr. Xianqing Cao, a 37-years old resident at 7192 Bridlewood Circle, Portage, Michigan, USA.

May God bless us all, for he knows better, there is no comprise for justice and integrity.

Sincerely,

{Your Name}


What Happened on May 2, 2001
Xianqing Cao, an Innocent Chinese was Gunshot to Death
by Police in his Home

Jane Zhen-Yi Cao, Ph.D.

7192 Bridlewood Circle, Portage, MI 49024, USA
Phone: 616-321-0084
E-mail: JaneCao8@cs.com
Web site: http://cao.swifte.net/

On May 2, 2001, Portage Michigan police broke into our home without a warrant. According to the police report, my husband Xianqing Cao was talking on the phone and drinking water from a glass when the police broke our glass door and burst into our house without even ringing the doorbell once.

According to the autopsy report, Xianqing Cao was shot 3 times by the police in our home: "penetrating gunshot wound" to his abdomen next to his navel, "perforating gunshot wound" in the left lower leg, the range of fire was undetermined; the deadly shot was the "perforating gunshot wound to the head", "entrance on right frontal-temporal scalp", exit through the left temple, "range of fire: contact to close range".

According to English news report, Xianqing Cao "shot and wounded an officer who went to his house to investigate allegations that he had sexually assaulted two girls". "Police said Cao, armed with a .22-caliber handgun, shot and wounded Officer Gregory Burke, 29, before Burke and Sgt. Jack Bogema returned fire and killed Cao."

There was only one .22 small handgun that belonged to me and it was locked in my briefcase kept in the basement storage area. Xianqing did not have the key and combination number of my briefcase nor have time to get the gun and load the bullets. How would there be gun fight?!

Xianqing Cao was a Chinese citizen with USA permanent residence. He had very poor English. Four years ago he came to USA and married me.

I am writing my personal experience of May 2, 2001 so you would have some idea of my family's devastating tragedy. And I am calling for you support for complete thorough independent investigation on this case to bring justice to my husband and to guard our civil rights.

May 2 (Wednesday)

1-2 PM A 3rd grade teacher played a video tape of "good touch and bad touch" and asked her students to raise their hands if touched at inappropriate area. Eight years old Elena raised her hand.

Elena has had urinary track infection for 6 years. She often peed in school. If not being taking care of in time, she would scratch to broken skin and the internal infection would occur also. I am a working mother. I have been going to work early in the morning and coming back home late in the afternoon. My husband had been taking care of our children including two babies for four year at home. I asked him to check if Elena wetted pants from school, and put on antibiotic ointment on her if redness was found at her private area so that urinary track and bladder infection could be prevented. At first Xianqing did not want to but I insisted. He accepted to take care of Elena in time.

3:35 PM Elena was brought to the vice-principal's office to meet with agents from FIA (Family Independence Agency). The FIA agents were to confirm the school report. However, the vice-principal was allowed to interview Elena. She brought out an 4-inch toy bear and suggested to Elena to say that her "vagina" was touched. But Elena never said the sexual related word "vagina".

4:15 PM I was at work. Xianqing called me. He said there were three women at our door and Margaret (11 years old) opened the door for them. Xianqing had very poor English and he did not know what they came for. I arrived home in about twenty minutes. The three women never told me their names and identities.

Woman A was sitting in our living room sofa, without introducing herself she said that there were two women talking with my daughter. I asked what they were talking about and she replied that she was just sitting here not knowing anything. Xianqing and I waited in the living room.

Woman B and Woman C brought Margaret back to the house and asked me to talk with them in our back yard. Without introducing themselves, they said to me that they have a report saying that my husband had touched my two daughters inappropriately, it always happened when I was at work, and the last time was about a month ago. I told them that Xianqing was a very loving father and he would never do anything to harm the children; I was never told by my daughters and I never noticed of such thing; my second daughter had a history of urinary track infection and my husband took care of her for her medical need.

I requested to read the "report". They denied me.

I requested to talk with my daughters. They denied me.

I requested them to have an investigation. They denied me.

I requested to send my daughters to the after-school program so my daughters would never be alone with my husband. They denied me.

After May 2, I found out these women's name and identities:

Women A Michelle Kozminski, Portage police dressed in civilian clothes. Women B Nicole Erickson, Kalamazoo County FIA Agent. Women C Heather Hain, Kalamazoo County FIA agent.

5:45 PM Women B made phone call to a referee to remove my children. Then, they said they have the order to immediately remove the children from the house. Woman A said to remove the four children immediately including a 9 months old baby and a two years old child. I protested: I heard the concern was about the two older daughters, why did you want to remove all four children including two babies without any "report" or concern.

I requested to bring the four children myself to live in a hotel until the investigation was completed if they have concern about my husband. They denied me.

Woman A said to me, " I want to be brutal here. Either pack for the children or we go without (packing)."

Xianqing wanted to know what was going on and requested a translator. I said to Women A that this was a matter concerning my husband and he had the rights to know, and please had a translator for him.

Women A used her cell phone to dial and gave the phone to my husband. Xianqing was only allowed to talk a few sentences on the phone before she grabbed away the phone. They started to walk into the house for the children. We followed them.

Woman C went out the house to talk on her cell phone. Woman A stated that she decided not to remove the children before backup police came, she gave 9 month old baby Alexander to Woman B and left the house. Woman B was holding Alexander on the 2nd floor hallway. Xianqing said "no" to Woman B. I requested to give me 1-minute to talk with my husband. I was denied. Women B dropped Alexander to my husband and all the women disappeared from the house in a matter of seconds.

5:58 PM ianqing was on the phone in the kitchen downstairs. I stayed upstairs comforting 4 crying children. Then I went downstairs wanting to make a bottle of formula. I saw Xianqing was talking on the phone. I went upstairs to the children and held Alexander.

6:05 PM After violent striking noises, our glass door was broken. Immediately there were 5-6 gunshots. There was complete silence for a few seconds. Suddenly, Woman A appeared upstairs with a handgun in her hand pointing to my head. At this time, I realized that she was a police. She grabbed away Alexander from my arms and used her other hand dragged me to the downstairs, out of the front door, and to the driveway. The police refused me to see Xianqing and kept me in a police car.

7:00 PM I was brought in the Portage Police Station. I wrote done an instruction note for taking care of our four children and asked the police to pass to the caregiver. Without advising me any right I had under this circumstance, detective Ken Jako taped his interview with me.

I requested to see Xianqing. Jako denied me. I protested: "I am his wife, why can't I see my husband?" Jako replied: "You can't see him." Jako asked me what kind of gun I had and where was the gun. I told Jako: There was only one .22 small handgun belonged to me in our house. On Dec. 19, 1999 at about 2 AM, our bedroom window was shot and my handgun was purchased for self-defense. My gun was locked in my briefcase located in the basement storage area. Jako said to me that he needed to take care of something and left the room for about half an hour.

9:30 PM Jako came back to continue the interrupted interview. He told me Xianqing was under surgery and under serious conditions. I demanded to see Xianqing. Jako denied me again. I protested: Even for a criminal to be executed, his family was allowed to see him one last time. Xianqing was only complained and was innocent, I was his wife, why did you not allow me to see him?! Again, Jako replied that he was under surgery and I was not allowed to see him. Then I was left in the room alone for over one hour. My head was exploding, my heart was aching, and my body was shivering.

9:42 PM According to his death certificate, Xianqing passed away at this time.

11:50 PM Jako told me that my husband passed away. I tried so hard to control my sudden grief and sorrow, then I said I wanted to see Xianqing. Jako ruthlessly denied me. Why could not I see my husband after his death?! Jako told me that I could only see him after his autopsy and after his return to a funeral home. Jako also said that I was not allowed to go back home until noticed.

This night I lived through the most sorrowful, miserable, and lonely night in a motel. I cried my heart out and wept the whole night. I knelt at the bed and kept praying to God. May God take Xianqing in His heavenly world. Xianqing was always a loving father for all of our children. He would never do anything to harm our children but love and care for them. I married him because of his great heart of love, care and kindness. We loved each other so much and I pray to God to let us be husband and wife for eternity in His world.

May 3 (Thursday)

9:00 AM I started searching for my children's information.

1:30 PM I heard there would be a court hearing on my children.

2:30 PM I was at the Kalamazoo County Circuit Court for my children. A court appointed attorney defended for me. The two babies would be returned to me because there was absolutely no reason to take them away from us. Although my husband was dead and the alleged concern of harm from him was no longer applying here, the Referee Scott Ryder insisted that I fell to protect my daughters and they would not be returned to me. I was not allowed to leave Kalamazoo County, and the two babies must be taken care of by FIA approved babysitter when I was at work.

7:00 PM I received Alexander and Annabelle. With unknown reason, Alexander was icy cold with his head buried in his chest. Annabelle suffered so much skin damage due to lack of medication and cream care on her eczema skin.

I was told I could go back to the house. We arrived home. The first floor was covered with broken glass pieces. After Annabelle and Alexander were asleep, I went to the basement for my briefcase in which I locked my gun. But the briefcase was disappeared.

May 4 (Friday)

I reported to police that my briefcase was gone from the house.

At night Xianqing's body was in a funeral home. I was accompanied by our pastor and a brother-in-Christ and saw Xianqing. While observing him after autopsy and touching his cold body, I cried my grieving aching heart out. I asked why my good husband would suffer such brutal gunshot killing and why he would not have a whole body after his death? Our little children would never have a loving father to care and guide them! God, where was the justice?! Where was the civil rights?! Where was the law?!

May 5 (Saturday)

I was told by Officer Johnson that all the personal belongings, house key and car keys of Xianqing was withheld by police.

May 6 (Sunday)

In the early morning, I was about to go to Church. I found our garage door was completely open and the two locks of the door from the garage into the house were unlocked. I reported to police.

May 8 (Tuesday)

Limited licensed psychologist Lem was hired by FIA and interviewed Margaret and Elena. Lem reported that the children missed me very much and I did not know the alleged "inappropriate touching". Elena was saying in tears that it was very important to receive my May 3 letter to them and to know that I love them.

May 9 (Wednesday)

Woman C of FIA filed petition to sue me "neglect, cruelty, criminality, and depravity" and to terminate my parental rights over our four children.

May 14

Kalamazoo County Prosecuting Attorney Gregart concluded that Xianqing's death was "justifiable homicide".

May 19

In the afternoon, it was Xianqing's funeral. This is the first time I saw Margaret and Elena after our separation by police force and my husband's brutal death. They told me that they missed me and baby brother and sister, and they wanted to come back home very badly. Elena repeatedly told me that she wanted to see Xianqing and wanted him to come home.

May 21

The autopsy report on Xianqing was issued.

May 31

I went to the "parental rights" hearing in court. FIA witness Lem, Kalamazoo County assistant prosecuting attorney klein and the children's "attorney" Ankley stated in court that my daughter said I would shoot her, my children had post-trauma syndrome, I would not emotionally support my daughters if I did not admit that my husband "sexually abused" my daughters, and the children should not be returned to me. Referee Ryder repeated these "reasons" and refused to return my daughters to me.

During this month, the FIA case worker, children's foster parents, and the psychologist, etc. were manipulating and brain washing my daughters while not allowing my daughters having communications with me. For example, negative news report on Xianqing was read to my children; they were told that Xianqing was a criminal; they were induced "guilty" feeling towards Xianqing's death; and they were planted distrust ideas on me. After a month, I could only have "supervised" visitation. I was not allowed to mention my husband nor words related to my case. Otherwise my visitation would be immediately terminated.

June 21

Xianqing's father came from China to help me taking care of Alexander and Annabelle. FIA caseworker Trimble wrote a note to inform me that Xianqing's father was not allowed to take care of the babies.

June 29

Another hearing was held on my parental rights case. The children's "attorney" Ankley had not seen my daughters for a whole month but said in court: "The children told me that they did not want to go home". Once again the court refused to return my daughters back to me and perceived that I would not emotionally support my daughters if I did not admit my husband "abused" my daughters.

Every time at my one hour "supervised" visitation, my daughters were telling me that they missed me and wanted to go home. This court just accepted lies and kept separating my daughters and me.

July 13

Under the pressure of Chinese news media and Internet reports, after the strong argument of my attorney and me in court, I brought Margaret and Elena home finally. In this two and a half months painful separation, we were only allowed to have total of thirteen hours of "supervised" visitation. Neglected of her medical care Elena suffered urinary track and bladder infection again, and she suffered terrible allergy symptoms also.

July 16

The Kalamazoo County Circuit Court dismissed the FIA case against me.

I strongly believe that police murdered my husband Xianqing Cao. Sgt. Bogema gunshot Officer Burke but framed this gunshot against Xianqing to cover up their brutal and terrible "excution" of Xianqing. The report of the Kalamazoo County Sheriff's Department is one of the resources of this murder case. I want to quote some of the contents here for public reference:

Officer Gregory Burke: "I then stepped through the opening in the glass into the dining room area. At this time, I was standing approximately four to five feet from the subject. ... ... I was uncertain as to whether or not I had drawn my weapon. ... ... I believe that I fired at the subject, however, am uncertain as to how many rounds I fired."

Women A (Michelle Kozminski): "I heard a succession of gunfire, which I thought was at least six rounds. I summarized that CAO had fully discharged his gun and the pause was giving him time to reload. I was not aware that CAO was no longer a threat ... ... The front door of the house was opened and SGT BOGEMA was there. I entered through the front of the house."

"... ... Officer BURKE had fired 5 rounds."

"... ... Sgt. BOGEMA had fired one round in this incident."

"At this time I requested Officer BURKE remove his clothing so that I could take photographs of his injuries, ... ... He also showed me an area in his chest area where another round had struck, however no marks were visible at this time ... ... I observed an ace type bandage wrapped all around Offer BURKE's upper left leg and requested of him whether that could be removed so I could take pictures of both the directionality and both the entrance and exit wounds. At that time Officer BURKE stated that his leg wasn't hurting right now and he knows that the wound is packed with some type of packing and he really hated to unwrap it and possibly cause himself problems, therefore no photographs were taken of that portion of his leg and it was never unwrapped."

Police kill another Portage man on Thursday, November 29, 2001.




{ Administrator's Note } Why are the police entitled to investigate their own? Maybe the Taliban should try Osama bin Laden!







www.massbrutality.org
November 18, 2001 Updated Dec 1, 2001