Fishtown buddy’s story contradicts ex-cop’s testimony

The case of a fired Philadelphia police officer on trial for allegedly beating up a female friend took a strange twist Tuesday when a witness had to be brought to court in handcuffs and a damaging phone message was played for the jury.

James Kanagie, a lifelong friend of defendant Damien Walto, 32, was arrested Monday and brought to court yesterday on a bench warrant signed by trial judge Willis Berry Jr. after he failed to show up on his own.

Kanagie's testimony against his Fishtown buddy got even more interesting when he mentioned that Walto had contacted him by phone to discuss what he would say in court.

When Assistant District Attorney William Inden learned that Kanagie had saved voicemail messages that the defendant left on Kanagie's phone, the prosecutor asked Berry if the jury could hear them.

The judge agreed, over the objections of defense attorney Gerald Stanshine, who argued the voicemail recordings would be prejudicial to his client's right to a fair trial.

In the one recording played for the jury, Walto is heard complaining that he felt ignored because Kanagie had not called him back and he was unable to help him prepare for court.

"I could have told you what to say," Walto is heard saying.

But what could likely prove to be more damaging to Walto - who was fired in 2010 after 3 1/2 years on the police force - was Kanagie's recall of the July 17, 2010 incident at the Tip Top playground in Northern Liberties.

Walto and his friend Diane Janssen got into an argument aftera day spent with a group of friends that ended when she threw a beer at him and he grabbed Janssen then slammed her to the ground, Kanagie said.

This contradicted Walto's testimony Monday that he pushed Janssen, 26, to prevent her from hitting him for a second time with a can of beer and that she stumbled and fell.

"Damien picked her up and slammed her," said Kanagie, who was allowed to leave the witness stand to demonstrate by using Inden as a stand in.

"I saw her in the air. She landed on her head - no hands. Just head," Kanagie said.

Walto also tried to attack Janssen with a broken hockey stick, but Kanagie and another man prevented that, Kanagie said.

Janssen's face was bruised and bloodied.

Kanagie said the argument started because Walto felt it inappropriate for Janssen to give Kanagie her telephone number given that Kanagie was engaged and about to become a father.

Contact Mensah M. Dean at 215-568-8278 or deanm@phillynews.com