Stun gun makers sue experts over safety criticisms

March 9, 2006
James Randerson, The Guardian

The company that manufactures the stun guns used by police is suing two technical experts who claim that the weapons can kill, in a move which some scientists say is intimidation.

The electric Taser guns, which use a 50,000-volt shock to incapacitate suspects, were adopted by police across the country in 2004.

The weapons are marketed as "non-lethal", but critics disagree. Since 1999 about 120 deaths have been linked to the weapon's use worldwide, but the manufacturer, Taser International, says that in all cases other factors were the cause.

Currently 28 out of 43 police forces in England and Wales and four of eight Scottish forces use the stun guns. Between April 2003 and January this year they have been fired 97 times by English officers.

The company is suing two scientists who have raised safety concerns. "[The company has] a lot of money and they are playing hardball," said forensic engineer Peter Alexander, secretary of the American Academy of Forensic Sciences (AAFS) engineering section. The company denies it is trying to silence legitimate criticism.

Both men facing legal action say they have been putting forward legitimate technical arguments, and that the company is using the courts to extinguish dissent. One of the defendants, Roland Kohr, is a forensic pathologist and medical examiner for Vigo County, Indiana. He performed an autopsy on James Borden, who died after being "Tased" six times while in police custody in November 2003. Dr Kohr concluded that the electric shock had contributed to Mr Borden's death.

Last month, Dr Kohr was due to speak on Tasers at the AAFS annual meeting in Seattle, the premier international meeting for forensic experts, but following legal action by Taser International, his lawyers advised him to pull out.

"In essence I am being sued for giving my opinion," Dr Kohr said. "Draw your own conclusions as to the timing of this. Maybe their whole intent was to prevent me from speaking at this meeting." Thomas Bohan, of MTC Forensics in Maine, said even if Dr Kohr was wrong, his evidence should be heard: "When medical examiners rightly or wrongly make a judgment in a case, they should be able to do that without the threat of legal action."

Taser International is also suing James Ruggieri, a certified professional engineer from Virginia. The action was initiated just before publication of a paper last year in a peer-reviewed journal. This argued that the Taser's power output is higher, and therefore more dangerous, than the company claims. He had also been intending to speak in Seattle, but pulled out.

Rick Smith, CEO of Taser International in Scotsdale, Arizona, said: "We did not sue Dr Kohr because of his medical opinion." He claims both men are part of an organised campaign which is advancing "wildly flagrant and defamatory" claims about stun weapon safety and that Mr Ruggieri does not have the necessary technical expertise to evaluate the device. Dr Kohr denied any knowledge of an organised campaign.

Mr Smith says there is no evidence that Tasers can kill, but added that they are not risk-free. To properly assess the risks, he said, the stun guns should be compared with alternatives such as pepper spray, batons and firearms. The company has documented more than 900 "saves" in which a suspect was subdued safely using a Taser, rather than being shot.

British police use them only as an alternative to firearms, but Angela Wright of Amnesty International said Taser International was lobbying the government to extend this. "It is in their interests to see it used as widely as possible," she said.

One case study presented in Seattle suggested that Tasers can kill healthy subjects. Amy Sheil at the Medical University of South Carolina, Charleston, described the death of a fit, 28-year-old black prisoner who had attacked prison guards with a pencil. The man was "Tased" six times, culminating in a 169-second bout of electricity. "This is a very long duration," she said, concluding that the Taser had stopped his heart.

Mark Kroll, a cardiologist on Taser International's scientific advisory board, rejects Dr Shiel's verdict, claiming a Taser shot is simply not powerful enough. "The safety factors are enormous," he said.

He pointed out that an independent study by the UK police scientific development branch last year concluded that it was unlikely Tasers could influence the electrical functioning of the heart in healthy people.