Posts Tagged ‘Excessive Force’

Fox News Megyn Kelly tries to smear cop victim Brown with false statement about autopsy

October 24, 2014

It is really disturbing to me for arrogant hate-mongers like Megyn Kelly to jump to false conclusions based on her layman interpretation of autopsy reports, as she did when she interviewed the Brown family attorney, Mr. Crump on The Kelly File on Fox News a few days ago.

The autopsy of cop shooting victim Michael Brown in Ferguson, Missouri, by Dr. Norfleet, says that he had a wound in his forearm from the back to front. Kelly said (and falsely assumed) based on some statement from another pathologist, Dr. Melinek, that this means he did not have his hands up. This is a false statement. (Note: that the front of the hand is the palm on an anatomic drawing with the arms down at the side of the  body). Also, Dr. Melinek states that she was misquoted in a pathology expert blog here.

Michael Brown could have had his elbow bent and his palm facing his face trying to reflexively protect his face and body from the volley of shots fired at him that seems clearly excessive and perhaps murderous by Officer Wilson.

Every shot is an isolated moment in time.  Each shot does not explain what happened before or after, nor does it explain motivation behind each shot or action.

The autopsy report is also consistent with an innocent person being grabbed by a wildly violent and bullying cop who threatened Brown by pulling out his gun while he had Mr. Brown at his car door, and then Brown with his hand trying to push the gun a way, before getting away from the car.

The witnesses said Brown had his hands up and was 20 feet from the officer’s car when he was hit by a volley of shots, after getting away from the car where the first shot to his hand occurred.

Witnesses said Brown was facing Ofc. Wilson at that point. The two shots to his chest and shot to his upper arm are consistent with that story.

If his right elbow was bent and his palm faced his face then the forearm wound would be “back to front”. It proves nothing about the position of his arms just before being shot by the volley from Ofc. Wilson’s weapon.

The fact that the chest wounds were somewhat  downward and both head wounds were clearly from the top downward means that Brown was either falling down with his head below the level of Ofc. Wilson’s gun or nearly crawling towards Wilson when Brown was shot in the head twice (one bullet at the top of his head downward and one from the forehead down through his face and out his jaw – not straight on backward, but downward).

The pathologist who made statements about the autopsy by Dr. Norfleet, Dr. Judy Melinek, cautioned that her statements were not definitive and that there were many possible explanations for the wound to his hand and arm.

The forearm wound could also have occurred if Brown was running away from Ofc. Wilson and had his arm down at his side, but who runs with their  palms facing forward?  This is unlikely.

The wound to his hand does not prove Brown was trying to grab the gun and shoot Ofc. Wilson.  It could also mean that Ofc. Wilson was trying to shoot unarmed Brown and Brown was trying to save his life by pushing the gun away!

Brown could have had his hands up, but when he started to be shot with the first bullets then turned his palm towards his face as he was falling down on his face.

The autopsy report can only collaborate the reports of witnesses.  I believe a half-dozen witnesses would not all lie about what they saw.

Clearly, the only way Brown could be shot in the very top of his head downward (as a tall man) by an officer, is if  his head was lower than the gun or at the level of the gun, which would have easily occurred as Brown was collapsing from the chest wounds and falling on his face.

Why would the  Ofc. shoot a man twice in the head when he is nearly on the ground after already shooting him five times?  That to me is homicide.

If Brown was committing a crime is not the issue. The degree of force used by Officer Wilson is the issue. Brown was unarmed! Whether Brown was 100 lbs or 300 lbs should also not make too much of a difference if, as the witnesses appear to be saying, Brown was not within arms reach of Wilson, so did not pose an immediate threat to him after he ran away from the police car.

The U.S. Supreme Court ruled in 1985 that it is not legal for an officer to use lethal force against a nondangerous suspect running away in the following case where police shot a 15 yr old in the back of the head and killed him, when he was trying to climb over a fence and flee after attempting a buglary: Tennessee v. Garner, 471 U.S. 1 (1985).

Memphis, Tennessee, 1974. Police are looking for a prowler. They spot an unarmed teenager in the back yard. He tries to get away, climbing over a chain-link fence. A policeman shoots the boy in the back of the head.

“The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead.”  Tennessee v. Garner, 471 U.S. 1 (1985).

Iraq war vet skull cracked by police in Occupy Oakland protest

October 27, 2011

On Tuesday, October 25, 2011, police in Oakland, California, aggressively used “nonlethal” rounds to disperse peaceful protesters from Occupy Oakland. Their violent overreaction seriously injured Iraq war veteran Scott Olsen, leaving him hospitalized with a fractured
skull.

Iraq Veterans Against the War, of which Scott is a member, has asked everyone to share the image below to show support. Click here to share this photo to make sure every American knows about this tragedy.

http://www.moveon.org/r?r=266266&id=32369-17567994-wM376xx&t=2
Click
here to share
We need as many folks as possible to know about this awful incident so that mayors and police departments around the nation think twice about using force to remove Occupy protesters.

IVAW has also called for vigils for Scott tonight at local Occupy sites at 7 p.m. local time. You can find out if the Occupy near you is participating by going to http://www.occupytogether.org/. Or, just head down to your local occupation to stand in solidarity with IVAW and Scott this evening. Thanks for all you do.
–Justin, Wes, Michael, Carrie, and the rest of the team

Police Taser Abuse and Execution of Teenagers – Inadequate Police Education

April 28, 2009

Tasers have become as common as candy with police departments and are claimed to be a safe and harmless way to subdue the unruly. Unfortunately, they have been overused, misused, and appear to be causing more harm than good.  There have been at least five deaths of teenagers this year due to taser.

I believe the laws need to be changed so that tasers are a last resort, used only by the most experienced officer and the guidelines as to when to use them must be re-written to include at least:

1. No use on children; 2. No use on a handicapped person unable to flee unless they are in imminent danger of death by shooting themselves, etc., including people in wheelchairs; 3. No use on a person who is handcuffed or already restrained; 4. No use on a person who is face down on the ground or up against a wall; 5. No repeated use on a person who is smaller than the officer; and perhaps many other guidelines.

Officers need to be trained to back off, so they can better assess the persons mental state and level of understanding and let a person calm down before trying to wrestle with them to get instant compliance if they are cornered in a room and there are clearly no weapons within their reach. The level of force used by police should be ratcheted down a bit and the level of training required of police before they can use a taser or a gun must be greatly increased including training about psychological problems, deafness, and mental retardation or autism.

Others have recently described death by taser as pre-judicial electrocution and execution. I believe they have a point. See:

http://chicagocopwatch.org/2009/04/at-least-five-seventeen-year-olds-suffer-police-pretrial-capital-punishment-by-electrocution-this-year/

More info about Taser abuse: http://www.youtube.com/watch?v=zorL1QfDOi0

There needs to be a commission at the federal level to evaluate the use of tasers, police excessive force, the use of SWAT teams, and the training and education of officers. Our country has gone way too far in becoming a police state with thugs and bullies instead of professional officers enforcing and abusing the laws.

Illinois Corruption Extreme – Quadraplegic Hispanic Man Convicted of Resisting Arrest and Police Battery!!

December 29, 2008

Quadraplegic Convicted of Resisting Arrest and Battery of Chicago Police Officers Sues for Excessive Force

A paralyzed man convicted of resisting arrest and hitting a Chicago police officer in a 2006 incident is suing the city and several of its police officers for violating his civil rights. Daniel Casares, who is a quadriplegic, says that police pulled him from his vehicle and beat him even after he told them that he was paralyzed and could not get out of the car.Casares has been a partial C4 full C7 quadriplegic for a long time. He only has minimal movement in his arms and almost no movement of his  hands, and of course is confined to a wheelchair. Most of his movements are muscle spasms not under his control. Emotions increase the muscle spasms as they did on the date in question. Casares was sitting in the passenger seat of a car in an alley where he had gone with his brother to admire a car. One of his interests is in cars so he is taken to look at interesting cars owned by his friends.

The police were apparently suspecting that drug deals were done in that alley and suspected his brother. They pulled their guns and told everyone to get out of the car. When Casares did not get out, despite everyone yelling he was quadriplegic, Casares claims a female officer got in the driver’s seat, pulled her gun and pushed it at his thigh and said “you’re going to walk now.” This great stress induced a muscle spasm that slapped her in the face. Immediately after that the police dragged him out of the car and beat him. His face was severely contused and swollen. They beat him more harshly because he refused to walk.

Three police officers that testified at Casares’s criminal trial offer a different account. They claim that they never drew their guns during the altercation and accuse Casares of hitting a female cop when she asked him to exit his car.

Cesares was charged with resisting arrest and misdemeanor battery. He was convicted at a bench trial. Judge Brown apparently was impressed with Caseras’ muscles – he is well toned in the arms because of constant involuntary spasms. Caseras told the judge he had only limited movement of his right arm demonstrating that he could move it a little up and down. The judge was so incompetent and outrageously biased that he ignored the fact that Caseras is quadriplegic with mostly muscle spasms and limited movement and the likelihood that Caseras involuntarily slapped the officer in the face and convicted Caseras who was sentenced to probation. To say there is NO reasonable doubt is insane and unfair.

Civil rights organizations and disability rights groups should jump onto this case and aid Caseras. We should also consider racial bias and discrimination against Caseras because he is Hispanic. Judge Brown should be removed from the bench for this outrage. The case should be overturned on appeal and if it is not, then we truly live in a totalitarian police state where police can beat, abuse, harass, and kill people with impunity!

This is a case screaming for the intervention of the U.S. Attorney. To me this is felony violation of civil rights under color of law, excessive force, unlawful arrest, malicious prosecution, and racial discrimination.


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