Friday September 28, 2001

OMAHA, Neb. - A federal judge declared a mistrial in a civil case against two police officers accused of using excessive force after the plaintiffs' attorney objected to a joking comment the judge made about Mexicans.

U.S. District Judge Joseph Bataillon ordered a mistrial Monday in the case brought by relatives of Guadalupe Vallesillo Jr. against Omaha Police Officers Alan Reyes and Brian Heath.

A coroner's report said Vallesillo, 20, died of an asthma attack while struggling with the officers in 1997. The family alleges the officers used excessive force and did not give Vallesillo the proper medication.

During jury selection Monday, a juror told Bataillon that her husband had been arrested in Mexico, and had been jailed wearing little or no clothing.

Bataillon responded that people traveling in Mexico should carry extra cash.

He later told the Omaha World-Herald that he was trying to make a joke about some Mexican officials' reputation for taking bribes. But the plaintiffs, who are Mexican-American, complained.

"The message telegraphed to the jury by a person of authority was: It is OK to apply a lesser standard to people of Mexican heritage," Vallesillo family attorney Dorothy A. Walker said.

Bataillon apologized.

"It was inappropriate in the context of this jury trial to say anything that could be disparaging to people of Mexican descent," Bataillon told the newspaper. "I apologize. It just wasn't very smart."

Assistant City Attorney Tom Mumgaard said the remark was innocuous and drew laughs in the courtroom.

A new trial date has not been set.