Police beat, pepper spray, arrest man in UC Berkeley residence hall

A stain from pepper spray can be seen on the wall of a room in Clark Kerr building 7.
Brenna Alexander/Staff
A stain from pepper spray can be seen on the wall of a room in Clark Kerr building 7.

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Residents of Clark Kerr Campus Building 7 were awoken early on March 9 to the sounds of screams coming from the floor’s bathroom.

Police say the screams came from a man who was reported to be homeless and lodging in the bathroom who inflicted injuries on two officers, forcing them to use pepper spray and batons. But residents said the man was a welcome visitor, and some who saw the altercation say UCPD’s treatment of the man seemed unfair.

According to UCPD Lt. Eric Tejada, officers arrived at the building to investigate reports of a homeless man lodging in the first floor bathroom. When officers made attempts to contact and identify Albert Haedinger in the bathroom, he “reacted violently” and “very quickly it escalated into a full-blown altercation,” Tejada said.

The conflict then spilled over into a dorm room, where one officer pepper sprayed Haedinger and another used his baton on him, according to Tejada.

But according to UC Berkeley freshman John Valencia — whose dorm room was the site of the altercation — the police use of force was unwarranted.

Valencia said Haedinger was sick the night of the altercation and had been making frequent trips to the bathroom when another student noticed him there.

“I saw this guy walk in, (and) he looked like he was in his 40s, had uncombed hair, baggy clothes and had a bottle of Listerine,” said UC Berkeley freshman Derek Tuggle. “I assumed he was a homeless man, so I told my RA, she called the police.”

Valencia said Haedinger ran away from the bathroom and into Valencia’s dorm room to show the police that he was staying there.

Haedinger said although he cooperated with officers, they restrained him, beat him and pepper sprayed him in the face. During the altercation he injured his legs and was taken to a hospital where he received stitches, he said.

Officers arrested Haedinger at 3:47 a.m. on suspicion of battery on a peace officer, obstructing officers in the line of duty and resisting arrest, according to the UCPD crime logs from that day.

Tejada said the use of force was justified.

“We always review a use of force and whether it was appropriate or not,” Tejada said. “A review was done, and it was deemed appropriate.”

Building administrators held a meeting so residents could discuss the event and have their questions answered, according to Marty Takimoto, director of marketing communications for Residential and Student Services Programs.

Valencia’s roommate Travis Dunlop, who watched the altercation between police and Haedinger unfold on the floor of his dorm room, also expressed concern about the police’s use of force.

“I was, at first, scared, but as the situation progressed and officers kept beating him, I felt Albert was being dehumanized,” Dunlop said.

Haedinger’s bail was set at $75,000, and his next court date is set for March 19, according to court documents.

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Archived Comments (29)

  1. I know Albert and he is still trying to find a way to be exonerated from
    this wrongful conviction which is a miscarriage of justice. North
    Carolina does not have expungement  like California. I’ve seen his
    paperwork and all of the times, descriptions and statements contradict
    themselves on the side of the prosecution. He was a paratrooper 3000
    miles away from home railroaded in a state that did not like military
    personnel or people any where outside of those southern states. He did
    not serve 5five years, he served 3years and 8 months a total of 44
    months- and for two counts of armed robbery with a dangerous weapon.
    Anyone who knows anything about sentencing knows he was innocent because
    one count of armed robbery carries at least a seven 7 year sentence.
    The D.A. even told his lawyer and his parents that he knew that Albert
    was innocent he said “he had to go along with the jury.” How many of you
    would think that 3000 miles away that you will have a jury of your
    peers….*

  2. this guy is legit , really just minding his own business, he had a sore throat , decided to rinse with Listerine, it is really that simple, they were simply conducting a class that day and he was a guest of another friend in that dorm , and I apologize for blowing up the last comment, this guy is a good friend of mine and the police went way too far on this one…all will be settled..we will try and post the actual documents or copy of, hopefully soon….please understand that this is a police brutality issue…to those who read this and understand thank you..to the nay sayer’s, I can’t change your mind but I can give you the facts…

  3. Mam1132 says:

    Albert is NOT homeless AND not a drunk!!  I know him.  And he wasn’t there for some Hippie native American thing.  Oh Please, if anything he was there for a native american seminar.  Nothing wrong with that.  This was all a misunderstanding.  Too bad it was at Albert’s expense.

  4. Guest says:

    Are you even allowed to have overnight guests in the dorms without approval from the RA ? Is this a co-ed dorm? Regardless of whether or not he was actually homeless, I think it’s totally inappropriate to have a “guest” who carries themselves in such a way that makes other residents feels uncomfortable or threatened, especially in an environment where there is shared space (i.e. bathroom, common room). I actually find this incredibly inconsiderate of other residents on the floor. I probably would’ve called the police too if I saw some guy who looked like he was homeless staggering into the bathroom at 3:30 in the morning. 

    Wait until you get an apartment or house, then you can invite whoever or whatever you want into your home!

  5. Guest says:

    Are residents allowed to have non-residents staying in their dorm rooms?

  6. FormerGrad says:

    How many of you know UCPD officers? Have actually spoken to them outside of an actual incident? How many of you assume that they used force only because they can, and not because it was warranted?  As one of the most litigated-against Departments in the country (because of know-it-all young adults) UCPD officers are well aware that every time they use force, they will receive death threats.  You really think they wander the streets at night, looking for helpless people to beat?  

    Police are trained to lie? REALLY?  They are trained to avoid saying things that will get spun out of control such as, say, this blog.  Stop getting angry and start educating yourself.  And if and when you see UCPD entering a hostile environment to keep someone from killing themselves or others, make sure you let them know not to use force.  Because we all know that trying to keep people safe isn’t as important as hurting a few feelings. 

  7. Current student says:

    Here’s one fact that the Daily Cal conveniently omitted.  Haedinger was in prison in North Carolina for 4 years for robbery and kidnapping:

    http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=0519054&searchLastName=ha&searchFirstName=a&listurl=pagelistoffendersearchresults&listpage=2

    How nice of John Valencia and Travis Dunlop to invite a dangerous felon to live in their dorm room.  I’m sure all the other residents of Clark Kerr really appreciate that.

  8. Five Oh Shitheads says:

    default setting: POLICE ARE LYING
    video confirmation or the pig’s version is assumed to be bullshit, they are trained to lie to the public, dishonesty is a tool which they employ to various ends every day, your rights get in the way of their police work, so they don’t respect your rights, its that simple.

    http://online.wsj.com/article/SB123319367364627211.html
    Criminal-justice researchers say it’s difficult to quantify how often perjury is being committed. According to a 1992 survey, prosecutors, defense attorneys and judges in Chicago said they thought that, on average, perjury by police occurs 20% of the time in which defendants claim evidence was illegally seized.
    [snip]
    It is an open secret long shared by prosecutors, defense lawyers and judges that perjury is widespread among law enforcement officers,” though it’s difficult to detect in specific cases, said Alex Kozinski, a federal appeals-court judge, in the 1990s. That’s because the exclusionary rule “sets up a great incentive for…police to lie.”

    Testilying:
    http://www.nytimes.com/1994/05/02/opinion/controlling-the-cops-accomplices-to-perjury.html
    http://www.soc.umn.edu/~samaha/cases/slobogin,%20testilying.htm
    http://www.law.ku.edu/faculty/faculty/wilson.shtml
    ‘why cops lie’ written by a former SF Police Commish
    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/03/14/EDKL1IAK11.DTL
    Taking on Testilying: The Prosecutor’s Response to In-Court Police Deception
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1327886
    THE FAILURE TO BREACH THE BLUE WALL OF SILENCE: THE CIRCLING OF THE WAGONS TO PROTECT POLICE PERJURY
    washburnlaw.edu/wlj/39-2/articles/koepke-jennifer.pdf

    Mollen Commission report:
    Today’s corruption is not the corruption of Knapp Commission days. Corruption then was largely a corruption of accommodation, of criminals and police officers giving and taking bribes, buying and selling protection. Corruption was, in its essence, consensual. Today’s corruption is characterized by brutality, theft, abuse of authority and active police criminality.
    http://www.parc.info/client_files/Special%20Reports/4%20-%20Mollen%20Commission%20-%20NYPD.pdf

    Police Accountability: Current Issues and Research Needs
    http://www.ncjrs.gov/pdffiles1/nij/grants/218583.pdf

     

    • Concerned Guest says:

      Witnesses possibly saw the tail end of the encounter and most likely did not see the initial meeting between the officers and this person.  We do not know what sparked the running from the bathroom or what transpired prior to the person reaching the dorm room.  Let’s hear from someone who saw the whole picture and not snippets before we cast judgment on what might appear as being unwarranted or dehumanized.

  9. Arwen says:

       Lt. Tejada is known around Berkeley as liking to have his officers beat up on students, young adults and anyone else they can get away with. He personally orchestrated the fall of Amy De La Torre, a tree sitter in Peoples Park in the fall of 2011 and even had his officers go to the hospital where Amy was taken to harass  and threaten her as she was awaiting medical attention. Amy was seriously injured when the officers under Tejada’s command flashed their flashlights into the eyes of Amy and the other 2 tree sitters  causing Amy to fall. Amy was seriously injured in the fall to the ground.

             Tejada has no respect for anyone and neither do his officers. He should resign and any officers under his command should be fired.

    • Tanker223 says:

      Thats not true.   Please educate yourself about 1. The inherent risks of SITTING IN A TREE regardless of the use of flashlights and 2. The HIPPA laws surrounding the care and treatment of a patient and 3. The roles, responsibilities and scope of practice of a Police Lieutenant.  This is the definition of speculative libel. 

  10. Courtney says:

    Abolish UCPD. Israeli police and Bahranian military recently trained the UC-Berkeley (and Oakland) police. The force is militarized and used to enforce tuition hikes and suppress dissent. The university is shutting out more and more ordinary people — when it should and CAN benefit the entire community.

  11. Gloriacfox says:

    That is horrible to hear and embarrassing on the part of the officers. It is immature to use violence first instead of treating each other humanely. I am sorry UCB does not hold a higher standard in these ways. And sorry to the guest teacher, what a message to send him.

  12. Guest says:

    how do idiots like John Valencia and Travis Dunlop get into a school like Berkeley?

    If this “guest teacher” (i.e., itinerant homeless person) was in the bathroom at 3:30 AM with a bottle of listerine, I guarantee it was because he was getting drunk off it, and not for oral hygiene purposes.

    What kind of morons invite a drunk homeless guy to live in their dorm room?

     

    • Guest Who says:

      how do people who give $25,000 in raises to their lover/subordinate employee remain themselves employed at UC after such wrongdoing is discovered?
      http://www.dailycal.org/2012/03/15/petition-calls-for-firing-of-uc-berkeley-official-who-gave-pay-raises-to-sexual-partner/
      how do frat boys who drunkenly fall from gutter pipes and who consequently sustain head injuries get into Cal?
      http://www.dailycal.org/2012/03/07/blog-traces-recovery-of-uc-berkeley-freshman-andrew-crowley/
      How can Richard Blum remain as a Regent of the UC after he equated the obviously momentous conflict of interest that is investing UC’s endowment money in his own private businesses with a trivial act such as going to the bathroom?
      http://www.sfbg.com/2011/09/27/censorship-or-something-else?page=0,5
      “Nobody has ever told me that we had to ask the UC for an OK before we invested in something,” Blum told The Chronicle. “I wouldn’t be on the Board of Regents if I have to ask for permission to go to the bathroom.”

      The UC is run by arrogant clowns, so you shouldn’t act surprised when you perceive the admissions standards to be somewhat questionable.

    • Molly says:

      I think the real question here is how did YOU get into Berkeley? (Actually, I have no proof that you did, I am just assuming based on the fact that you are reading this article and the way you phrased your first sentence.) He wasn’t a “guest teacher,” that was never the case. He was John’s guest who was staying with him, NOT a homeless man. The police recognize that now, which for some reason this article does not mention. Albert actually is John’s friend, and you are ignorant to assume that someone must be a certain way just based on the way they look.

      • Guest says:

         the article said “guest teacher” when it was first released, and now it has since been deleted

      • Current student says:

         The story has been updated, and some of the details have been deleted. 

        In the version last night, Valencia described Haedinger as a “guest teacher” in some hippie-sounding Native American program.

      • Guest says:

         And the guy had previously served prison time in NC for armed robbery and kidnapping.  Great guy for Valencia and Dunlop to invite to live in their dorm room. 

    •  F**k off twat !!! the dude not homeless i know him, they were just conducting a class and was a guest there….get your f****n story straight !!!

  13. 1234576 says:

    Did it happen just tonight or this morning? his first sentence is confusing.

  14. Prichettt says:

    Abolish the UC police. There is no need for them. They are protecting UC Federal Labrotories and impose their racism and sexism on us. We already have a city department. UCPD is strictly about social control.

  15. nzmrmn says:

    When you carry pepper spray and a baton, everyone you arrest looks like they need a pepper spraying and beating. http://en.wikipedia.org/wiki/Law_of_the_instrument

  16. crusty says:

    When you want to trust the police:DON’T!