Guy was stopped for a minor traffic violation. Officer decided to
arrest him for reasons unknown, even to witnesses, and orders him to
the ground to be cuffed. Driver told officer he can't get on the
ground due to recent back surgery. Wife passenger told the officer
that too. Driver offered to turn around and place his hand behind his
back and allow himself to be cuffed as an alternative. Officer
declined the alternative and tased him to the ground instead. Guy was
twitching from the taser. Officer ordered him to quit moving so so he
could be cuffed. He tased him some more for moving around. This went
on for 15 minutes. I'm not exaggerating. The wife was on the phone
crying to 911 the whole time. I have the 911 recording and can hear
the taser zapping him in the background while she begs 911 to get the
cop to stop. A crowd of witnesses gave statements to defense (cops
refuse them) corroborating the driver's version of events. Troopers
arrive and stop the city cop from tasing him.
We are set for jury trial on misdemeanor resisting. Does any any one
have a quick list of what special discovery I should ask for related
to tasers?
I should add that the assistant prosecutor wanted to dismiss the case,
but his boss would not let him. The judge is upset with the state for
trying an innocent man. So I have a favorable judiciary and a
prosecutor unlikely to resist a motion for special discovery.
P.S. No training manuals existed, according to the local PD.
Tuesday, August 18, 2009
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