This was sent to us by an Alum who was in touch with the parents who had contacted the school for help. The words, viewpoints and research are his, but we thought this account was important for all to read.
They hoped the school would stand up for these kids and their poor treatment, but instead were told that the kids “got what they deserved.” One of these parents was told by a South Bend official that if this had happened to non-students, there would have been a lawsuit and people would have been fired at very high levels in the South Bend government. But because they were students, no one cares and no one wants to mess with Notre Dame.
I know there have been some rumors as to how the police handled the situation, but this is coming directly from a letter sent to the school. I post this here because I’m not sure what to do with the information or if people already have seen it. Here’s part of the letter:
As you know a gathering took place at the residence of several women athletes on Saturday night, September 20, 2008. The gathering was both quiet and contained. There had been no complaints about the gathering from anyone including neighbors. Apparently an Indiana SUDS task force, in conjunction with the South Bend police department, were enroute from one of their pre-determined “target” drinking establishments to another “target”, when one of the members “observed what appeared to be several underage people drinking” inside the house. Based solely on that observation, the task force apparently made a decision to conduct what was a full fledged “raid” on the house in which the gathering was taking place. After surrounding the house with at least 12 police cars and, without a warrant, permission of any other form or justification, members of the police and task force proceeded to violently burst into the residence. Statements taken from the students who leased the premises have made it clear that none of them granted permission for the police to enter their residence.
The assault by the police on the premises was significant and excessive. Several students witnessed the raid from outside the residence. One gave the following account of the police assault on the premises: “At least 12 police cars with dogs swarmed the house. It was like a SWAT raid you might see in a drug movie. I could not believe what I was witnessing!”
The questionable legality and propriety of the “raid” by the police and task force was only compounded by their outrageous and aggressive behavior towards the male and female students once they were inside the premises. The behavior of the assaulting officers, once inside the premises has been corroborated by the separate and consistent accounts provided to us by (the students).
Once in the house, the police:
• Broke bedroom and other doors with crow bars
• Pulled sleeping female students from their beds
• Refused request by one female student to change out of her pajamas or even to put on slippers
• Forced the hands of students behind their backs and handcuffed all of the 37 students they later transported down to the station.
• Made demands that all students take breathalyzer tests (again, without any probable cause)
• Physically roughed up students who refused to take the test without some probable cause.
• Refused to allow one female student to cover her exposed breast while she was handcuffed
• Taunted and jeered at the students, using profanity in the exercise of their authority.
• Cheered when they identified newsworthy and recognizable students
• And more……
Once the handcuffed students were taken to the station, the improper and legally questionable conduct of the police continued. They:
• Demanded breathalyzer tests of those who had previously refused to take such a test on advice of their counsel
• Failed to read any of the students their constitutional Miranda Rights.
• Refused “at least 20 politely worded request to use the restroom” and told the students that they had to “wet your pants.”
Those who followed their instructions were publicly ridiculed and jeered at by the officers present for doing so.
The conduct and actions of the South Bend police were not only improper and outrageous, but they clearly violated the constitutional rights of the students and student athletes involved. Based on this questionable conduct and lack of probable cause it is unlikely that any judge or prosecutor will allow any of this tainted evidence to see the light of day in any legal proceeding. The South Bend police did not hesitate to issue a press release at 3:53 AM that same morning listing the names of all the young men and women who were the victims of their illegal raid. The fact of the release and the timing of this release call into question the motives of the police.