Homeless man released from jail

FORT LAUDERDALE, Fla. (WSVN) -- A homeless South Florida man has been released from jail, after police said he attacked some officers.

Gerald McGovern was released from jail Monday, after his attorney appeared in court to give his side of the story. The grainy images on surveillance video proves, Celine Abramschmitt said, McGovern was attacked by two undercover BSO deputies after they spotted him walking in the middle of the street. "He's happy. He's getting released without a bond. He's going to have to call in two or three times a week," Abramschmitt said.

Because McGovern is homeless and has a lengthy criminal record, with no less than 69 arrests, complete with a history of failing to appear in court, getting him out of jail without an address and without money to post bond required a court order. "He's going to be staying with a friend. If he fails to meet the conditions of pretrial release, then there will be a warrant issued for his arrest, and he would be subsequently brought back into custody," Abramschmitt said.

A witness testified last week at a hearing to get McGovern out of jail. However, the deputies in question told a different story. They accused McGovern of becoming unruly and attacking them.

Police arrested the 59-year-old in Dania Beach on Dec. 2 and charged him with resisting arrest and battery on a law enforcement officer.

With a smile, Abramschmitt recounts telling the man at the center of these police brutality allegations against the Broward Sheriff's office he's getting out of jail. "He's happy," she said.

The case against McGovern continues.

(Copyright 2010 by Sunbeam Television Corp. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)