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And Senator Kerry cannot say this outloud in public so he will continue to get bashed as a spineless quitter by his own potential supporters.
Action for Andrew Meyer
by mattw
Tue Sep 18, 2007
If they can charge Andrew Meyer, they can certainly charge the police involved. I think everyone - especially Florida residents - should ask Florida AG Bill McCollum to file charges against the officer with the taser. Details on the law and contact info below.
I've written a post which picks out what seems to be the relevant law. There are specific justifications for the use of force provided for law enforcement, and I think given the level of restraint Andrew Meyer was under at the time of the tasering, none of them applied. He was not fleeing. He could not be a threat - they already had cuffs half on him, and if he wasn't on his back, they'd probably easily get the other on. Common sense alone dictates that it takes less than six police to bring one agitated college student into custody.
Fortunately, the law seems to agree with common sense here. Therefore, all we need is for the appropriate party to prosecute the violation.
Enter: Florida State Attorney General Bill McCollum.
web contact and phone/address are available.
I simply said in my comment that I hoped he looked into whether there was, indeed, a violation of the law, and if so, would do the right thing and prosecute.
I hope everyone will take a minute to write, call, or comment, so the FL AG knows that people believe in holding everyone accountable under the law, even those entrusted to uphold it. (Some, including myself, would say especially those entrusted to uphold it; I happen to admire and respect police enormously, and I think that's because we should hold them to a higher standard, and I think the vast majority of them live up to it every day)
Police at UFL are guilty of assault
As we know, police at UFL tasered a nonviolent student who was trying to walk away.
I give you Florida state law:
776.05 Law enforcement officers; use of force in making an arrest.
--A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and:
(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.
I've bolded the most relevant portion. Here's what we need to know:
(1) Police are only acting legally in the use of force if an exemption is permitted by this statute;
(2) The police had no reason to believe that a handcuffed student, on the ground, with 6 police and 1 student, represented any threat whatsoever to them or anyone.
Consequently, those police are not justified in the use of the taser.
If the police declared they intended to arrest him, then they were justified in physically restraining him to cuff him. Once he was cuffed, and outnumbering him 6:1, there is no possible justification for the use of force. So to my reading, the officer using the taser was committing battery, and each other officer holding him down was an accessory to the crime.
The State attorney should immediately file charges against them. The tape alone is sufficient evidence to merit a trial.
Posted by Matt on September 18, 2007 11:1
http://www.afterdowningstreet.org/?q=node/26956
Kerry Fears for Safety of Police Who Tasered Student to Protect Kerry from Inconvenient Questions
Submitted by davidswanson on Wed, 2007-09-19 01:21. Media
http://www.johnkerry.com/blog
In 37 years of public appearances, through wars, protests and highly emotional events, I have never had a dialogue end this way.
I believe I could have handled the situation without interruption, but again I do not know what warnings or other exchanges transpired between the young man and the police prior to his barging to the front of the line and their intervention.
I asked the police to allow me to answer the question and was in the process of answering him when he was taken into custody.
I was not aware that a taser was used until after I left the building. I hope that neither the student nor any of the police were injured.
I regret enormously that a good healthy discussion was interrupted.
Well, what about posting an answer to the young man's question, if you can't stomach a straight apology for allowing the cops to torture him?
OMG
Submitted by CodePink on Wed, 2007-09-19 02:45.
I cannot believe that John Kerry is that dumb. Or does he think we are that dumb? I used to wonder how the German people let Hitler take over in their country. I wonder no more.
practical questions. Is there any defensive clothing against tasering - taser proof vest?
alternatively, is there any possibility of making a devise which might neutralise tasers?
also, are there self defense weapons available and permitted to be carried in the US?
11:11 wrote:That said...the guy deserved to be tasered
WTF???
So, this conversation devolves just like DU? It's about the merits of tasering and not Kerry and the jackboots dispicable actions???
Jesus fucking Christ.
Hugh Manatee Wins wrote:I'm pretty sure FourthBase was being outraged and sarcastic, not supporting the tazering.
Sometimes the tone in our heads doesn't translate through text and this misunderstanding ensues.
FourthBase wrote:Why did he deserve to be tasered? Because the "pigs" are hired to protect high profile figures from crazy violent people.
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