Idaho Criminal Defense Blog : Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

 Yesterday I wrote about an article in the Idaho Statesman concerning a finding by the Ombudsman that the Boise Police had gone too far when they tased a man - on the "buttocks."  Today the Statesman reports that man has hired a lawyer to file a lawsuit.  As telling - here is what the Murphy had to say:

Murphy concluded that the officer who Tased the man violated the Boise Police Department's use-of-force policy. He said evidence showed the man was shocked once in the back before he was handcuffed, and once in the buttocks after he was cuffed, and threatened with further shocks to the anus and genitalia.

"This clearly was excessive force. It's just not defensible. It's very troubling," Murphy said.

The Ada County Prosecutor has declined to prosecute this case because the conduct was not, in its opinion, illegal.  Or, if it was illegal, the office does not think a jury would convict.  Isn't that what we have juries for?  To make those decisions?  

An average citizen who pulled this crap would be prosecuted - and the smart folks at the Ada County Prosecutor's Office seldom have difficulty in finding a charge.  How about assault, battery, aggravated assault, disturbing the peace - just for starters.  Of course the United States Attorney's Office may still charge someone - one of these unidentified officers who still has his job.  But isn't it a little too cozy to have our lawyers at Ada County make this call since every day they need Boise City Police Officers to testify in the cases they do prosecute?

When I was in the Army there was a new commander who noticed that the NCOs in his new unit had "staffs" or "walking sticks" they carried.  The "sticks" were not standard issue - they served only to remind the troops who had the power.  Shortly the commander announced to the unit in formation:  "On the subject of 'walking sticks,' if you are an NCO who NEEDS one, carry it."  His message was received and the ridiculous practice ended.  

Power does not come at the end of the stick - it comes when the people you lead respect you enough to en-power you.  

Cops do not need Tasers when they have an overweight man on the ground and under the control of two or three uniformed officers.  Using that Taser (stick) was just a reminder of who had the power - not the guy on the ground.

I only wish the Ada County Prosecutor had shown us that it understands who really has the power here - the people's lawyers.  They represent us - you and me - especially when police officers go too far.

By the way - that 18 year veteran officer who ERASED an audio interview of the man on the receiving end of the taser understood who had the power and who might use it to prosecute a fellow officer.  Simply hit "erase" and make that evidence go away.  No crime there either?  Right - no crime.

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 An Idaho Statesman article reports on the findings of the Boise Police Ombudsman that officers used excessive force when they used their Taser on a suspect's "buttocks."  OK - so another poor fool got the Taser and now the Ombudsman wants us all to understand that even he can identify misconduct when he sees it - or hears it.  That would be screaming and pleading and the smell of "ham" frying.  Here's what the Ombudsman reportedly found:

"The suspect said that he was hit three times with a Taser after he was already handcuffed and face-down on the floor. Murphy's investigation found evidence that the suspect was hit twice with the Taser — once in the back before he was handcuffed and once in the buttocks after he was cuffed."

Of course the notion of excessive force usually involves injuries, sometimes deadly injuries. I posted about this before and provided a video of what it looks like to get the Taser treatment.  Check that one out to see what you think about this "non-lethal" force.  

Here's what I cannot figure out - what happened to those cops who could take control of a suspect without Tasing or beating or whining about how tough their job is?  Why do they get all that training on the use of reasonable force, only to pass a personal "tasing" so that they can then deploy the Taser instead of reason or reasonable force. The officers I meet in court seem fit enough to handle almost any drunken fool WITHOUT the use of Tasers, so why go for the simple solution?  

Then again, nobody died.  And give the officers a break on the "inappropriate language" beef.  The constitution does not guarantee civility, it simply outlaws cruelty.  These officers put up with a lot of grief from suspects, and an occasional verbal shot across the bow won't likely ruin anyone who is in that "under arrest" situation.  Of greater concern by far is the notion of young men (mostly) being treated unreasonably when arrested. 

If you have been subjected to excessive force during an arrest - join in here - share your story by commenting on this post.

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 I haven't written lately about the Trial Lawyers College - proud to say I am a graduate - but talking to one of my classmates reminded me of the methods taught there.  Daniel Rodriguez was a classmate, and he and I are headed for trial in a personal injury case in Bakersfield in September. More recently he successfully settled a civil rights case on behalf of the survivors of a man beaten to death in jail. The County decided (WISELY)  to settle the case rather than face a potential $20 - 25 million verdict.  A news story about the settlement details how Daniel's clients received $6 million from the county.

What is so different about the methods taught at Thunderhead Ranch and the Trial Lawyers College?  First - the focus is on the story. Every case is about the story, not the lawyers.  So great trial lawyers have to be great story tellers, and Rodriguez is a master of telling the story.  Second - TLC lawyers use techniques that focus on getting the jury into the scenes of that story.  The method is called Psychodrama - and the staff at TLC are masters in its use at trial.  There is much more about TLC method that is different, but that is for another day.  If you want to learn more go to other posts here under the category Trial Lawyers College, or go to Gerry Spence's website.

I have posted before why most civil rights cases go nowhere - but not always.  Daniel's case is a good example of what a great lawyer can do with a real deprivation of civil rights.  I will update you on in September on the case he and I will try in Bakersfield.  Can't wait to work with him on a truly great case in California.

Wonder if you have a civil rights case that has merit?  Send me a contact sheet or give us a call.

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