Attorney calls Taser use ‘sadistic’

January 18, 2012
Katherine Heerbrandt, Gazette.net

A Frederick County sheriff’s deputy acted in a “sadistic” manner four years ago when he hit a 20-year-old man twice with a Taser, the attorney for the man’s family told a federal jury Tuesday.

That man, Jarrel Gray, died soon after, and his family is seeking $145 million in damages in a wrongful death lawsuit that began Tuesday in federal court in Baltimore.

In his opening statement, attorney Gregory Lattimer told the jury that Cpl. Rudy Torres of the Frederick County Sheriff’s Office used excessive force in the events surrounding the death of Gray on Nov. 18, 2007.

Gray’s family is claiming wrongful death, excessive use of force, and battery on the part of the now-retired Torres.

“You will determine if the initial tasing was appropriate and if the second tasking was appropriate under the circumstances, and render a decision based on your answers,” Lattimer told the jury. “We are convinced you will agree that shouldn’t have happened.”

Torres’ attorney, Daniel Karp, outlined a different scenario of how and why Torres used the Taser on Gray, and said the deputy was following procedure when he shot Gray with the stun gun to force him to get on the ground and show his hands.

“We will show that a reasonable and well-trained officer could not appreciate the fact that the use of the Taser might cause serious injury or death,” Karp said.

Torres responded to a dispatcher’s calls about fighting near Gresham Court, on the western side of Frederick, in the early morning hours of Nov. 18, 2007.

While Lattimer characterized the altercation between Gray and a friend as “acting the fool, like young people do,” Karp painted a more serious picture of the fight between two young men that prompted neighbors to call 911.

When Torres responded, he saw three young men on the sidewalk, and a woman in a car. When he demanded they show their hands and get down on the ground, two complied, while Gray turned his back, then turned around with his hands in his pants, both lawyers said in their opening statements.

Karp told the jury that all the men were “verbally resistant.” Torres shot Gray in the chest with the Taser, and he fell to the ground, with his hands pinned under him. When he did not show his hands, Torres delivered the second shot.

“That doesn’t mean he had something in his hands. It may mean he’s stupid or it may mean he’s drunk … but he continued to be a threat to the deputy,” Karp said.

Witnesses for the Gray family will testify that Gray’s hands were by his side, Lattimer said.

Lattimer told the jury that Torres delivered the second shot while Gray was on the ground unconscious, and did nothing to help him. Karp disputed the allegation, and said Torres did “nothing wrong.”

“And even if he did, he did not cause this young man’s death,” Karp said.

Torres allegedly used the Taser a second time on Gray because he would not show the deputy his hands while on the ground after the first shot. The state medical examiner, scheduled to testify later this week, named the cause of death “undetermined” and noted that a Taser had been used.

The medical examiner found nothing abnormal during the autopsy, Karp told the jury, but that Gray’s blood-alcohol level was .23, a level he said is “consistent with binge drinking.”

Maryland state law considers a person with a blood-alcohol level of .08 as too drunk to drive.

“That young man didn’t deserve to die because, at 20 years old, he had too much to drink,” Lattimer said.

The Gray family is seeking $145 million in damages against Frederick County, the Sheriff’s Office and Torres, and amount Lattimer said in an interview was set to “indicate the seriousness of the suit.” The jury can determine a specific award if it finds in favor of the Gray family.

The Sheriff’s Office and Frederick County were split from the original suit, which can be revisited later.

County attorney John Mathias said the reason for splitting the suit is that the liability of Frederick County and the Sheriff’s Office only comes into play if it can be determined Torres did not receive proper training in the use of Tasers. Mathias said the chances of that are “slim.”

Sheriff Chuck Jenkins (R) was in the courtroom, but had to leave when Lattimer told Karp he wanted to put Jenkins on the witness stand during the trial. Attorneys said the trial will likely last this week and perhaps into the next.

A Frederick County grand jury found no criminal wrongdoing in the death of Gray.

Bipolar Man's Death by Taser Needs Jury Trial

One to watch, maybe the U.S. test case on how tasers will be used in the future in the United States of America - no more indiscriminate use!!!!

January 17, 2012
Tim Hull, Courthouse News Service

(CN) - Police may be liable for the death of a man who was shot twice with a Taser by a police officer trying to make him stop directing traffic naked, a federal judge ruled.

Brian Cardall, 32, had a psychotic episode in the car while he and his wife, Anna, were driving near Hurricane, Utah, with their infant daughter in June 2009.

Unable to get Brian back in the car, Anna called the Hurricane City Police Department. Officer Kenneth Thompson and Police Chief Lynn Excell found Brian standing in the road, completely naked and trying to direct traffic, when they arrived at the scene.

Thompson told Brian to get down on the ground 13 times, according to deposition testimony. After Brian failed to comply, Thompson deployed his stun gun twice at Brian without warning. Excell put Brian in handcuffs as officers radioed the paramedics. While waiting for the arrival of paramedics, however, a third officer noticed that Brian had stopped breathing and lacked a pulse. Brian was pronounced dead at the hospital.

Brian's widow, children and parents raised a series of constitutional and state-law claims against Officer Thompson, Chief Excell and the city of Hurricane.

Though the defendants claimed qualified immunity, U.S. District Judge Clark Waddoups ruled said the disputed facts make the case ripe for a jury.

Most significantly, there are "conflicting eyewitness accounts" as to whether the naked, unarmed man posed enough of a threat to the officers to justify the use of the Taser.

While the officers testified that Brian had "charged" Thompson, Anna Cardall and a passing motorist gave a different story, saying that he merely "turned toward the officer" or took "one small step" his way.

"If Brian suddenly charged at Officer Thompson in a violent manner, then he may have posed a threat to the police and there would be considerable justification for the Tasing," Waddoups wrote.

"If, on the other hand, Brian simply turned towards Thompson, or was taking a few steps in various directions as he had been since the officers arrived on the scene, then he was not a threat," the Jan. 11 decision states. "Brian was a considerable distance from the road, and did not verbally threaten the police, himself, or his family. He was naked and clearly unarmed, and outnumbered by the officers on the scene, who significantly outweighed him and were about to be joined by additional backup. If the facts are viewed in the light most favorable to Anna's claim, then Brian did not pose a threat."

"Brian was Tased although he was not guilty of any serious crime or attempting to flee," the judge added. "If all factual disputes are resolved in favor of Anna, Brian was not a threat to the officers who impatiently Tased him when, in his confusion, he was slow to comply with their demands. Tenth Circuit case law, as well as authority from other jurisdictions, explicitly holds that Tasings under similar circumstances violated clearly established Fourth Amendment law."

Immunity does protect the defendants from three claims alleging that officers violated Anna's constitutional rights by holding her illegally and failing to get her husband medical treatment.

Registre family satisfied with Taser decision

September 28, 2011
CJAD FM, Montreal

The family of a Montreal man who died four days after being repeatedly tasered by a police officer is expressing satisfaction that a police ethics committee has cast blame on the officer for his actions.

Thirty eight year old Quilem Registre died in hospital in October 2007, several days after receiving six discharges from a Taser gun fired by a Montreal police officer who had pulled him over for running a stop sign. The officer had deemed Registre very agitated and aggressive.

Now, a police disciplinary committee has reportedly produced an official blame against the office for excessive use of a Taser.

Quilem Registre's sister, Francine, while expressing satisfaction with the ruling, says she'll wait to see what punishment, if any, the officer gets. But Registre expresses doubt that the officer would learn anything from a simple suspension, and hopes to see him fired.

Montreal police officer blamed for the abuse of the Taser

Google auto-translation
This article has been translated from French to English, with a little help from me.  French version follows at the end.

September 28, 2011
Caroline Touzin, La Presse

The Police Ethics Committee reprimand a Montreal police officer for using a stun gun six times in less than a minute against Quilem Register, who died in hospital four days later.

In a decision that has not yet been made ​​public, but La Presse has obtained, the Committee concludes that the officer Yannick Bordeleau has "abused his authority, using a greater force than necessary to accomplish what he was permitted to do."

His colleague Steve Thibert is also blamed for "not having respected the rule of law by not intervening in the abuse of the DAI (stun gun) by the agent Bordeleau."

October 14, 2007, in the Saint-Michel, the two officers wanted to challenge Mr. Registre because he failed to make a stop at the wheel of his car. The 38-year-old driver refused to stop and collided with three parked cars on 23rd Avenue before stopping.

Police then noticed that the driver, still in his car, was intoxicated and agitated. The agent Thibert shouted "Taser! Taser!" to his colleague, who was holding the man, his hand resting on his chest, while the latter gave him a kick.

According to the two officers, Mr. Registre had symptoms of a person suffering from "excited delirium". The officer Bordeleau said that the suggestion of his colleague to use the stun gun was "ideal circumstances", it said in the 27-page decision of the tribunal.

The agent Bordeleau gave a first discharge. "Would not it have been more appropriate for police to get Mr. Registre out of his car and control him immediately? asks the decision's author, Richard W. Iuticone.

Although this control was necessary, the Committee gives the benefit of the doubt to officer Bordeleau as to his decision to deploy the DAI (stun gun) once on Mr Registre. "

The five other discharges were "exaggerated", the Committee concludes, however. From the first shock, Mr. Registre fell to the ground, face down, hands under him. The police did not move. But they knew that the muscle contraction caused by the discharge lasts five seconds. "So, enough time for them, being a few feet from Mr. Registre, to fall on him, grab his arms and handcuff him," says the Committee.

"Officer Bordeleau approached Mr. Registre only after the fifth discharge, simply, during the second, third and fourth shock shouting at Mr. Registre to show him his hands," says the Committee.

The tribunal noted the testimony of a use of force expert from the National Police Academy, Bruno Poulin, who said a person with "excited delirium" cannot understand the orders of a police officer.  The Committee was also "troubled" by the slow reaction of Officer Thibert, who approached Mr. Registre "only during the second shock" and did not physically neutralize him until after the fourth discharge.

At the time of his arrest, Registre was under the influence of alcohol and cocaine. He was taken to hospital. He lost consciousness in the ambulance. His condition rapidly deteriorated to the point where he had to be operated on four times. He died Oct. 18.

At the conclusion of an investigation in August 2008, coroner Catherine Rudel-Tessier concluded that stun gun discharges were not sufficient to cause the death of Mr. Registre, but that they were "possibly involved." He received a total of six discharges for a total of 300 000 volts in less than a minute. He had liver, colon and small bowel necrosis.

Last year, the Registre family filed a $500,000 civil suit against the City of Montreal and the two officers involved. The case is still before the courts.

Le Comité de déontologie policière blâme un policier de Montréal pour avoir utilisé un pistolet électrique six fois en moins d'une minute contre Quilem Registre, mort à l'hôpital quatre jours plus tard.


**********French Version*************

Dans une décision qui n'a pas encore été rendue publique, mais que La Presse a obtenue, le Comité conclut que l'agent Yannick Bordeleau a «abusé de son autorité, en utilisant une force plus grande que celle nécessaire pour accomplir ce qui lui était permis de faire».

Son collègue Steve Thibert est aussi blâmé pour ne pas «avoir respecté l'autorité de la loi en n'intervenant pas lors de l'utilisation abusive du DAI (pistolet électrique) par l'agent Bordeleau».

Le 14 octobre 2007, dans le quartier Saint-Michel, les deux agents ont voulu interpeller M. Registre parce qu'il avait omis de faire un arrêt obligatoire au volant de sa voiture. Le conducteur de 38 ans a refusé de s'arrêter et a heurté trois voitures garées sur la 23e Avenue avant de stopper sa course.

Les policiers ont alors remarqué que le conducteur, toujours dans sa voiture, était intoxiqué et agité. L'agent Thibert a crié «Taser! Taser!» à son collègue, qui retenait l'homme, la main appuyée sur sa poitrine, pendant que ce dernier lui donnait des coups de pied.

Selon les deux agents, M. Registre avait les symptômes d'une personne atteinte de «delirium agité». L'agent Bordeleau a estimé que la suggestion de son collègue de se servir du pistolet électrique était «idéale dans les circonstances», peut-on lire dans la décision de 27 pages du tribunal administratif.

L'agent Bordeleau a donné une première décharge. «N'aurait-il pas été plus convenable pour les policiers de sortir M. Registre de sa voiture et de le contrôler immédiatement? se demande l'auteur de la décision, Me Richard W. Iuticone. Bien que ce moyen de contrôle s'imposait, le Comité donne le bénéfice du doute à l'agent Bordeleau quant à la décision qu'il a prise de déployer le DAI (pistolet électrique) une première fois sur M. Registre.»

Les cinq autres décharges étaient «exagérées», conclut toutefois le Comité. Dès la première décharge, M. Registre est tombé au sol, à plat ventre, les mains sous lui. Les policiers n'ont pas bougé. Or, ils savaient que la contraction musculaire provoquée par la décharge dure cinq secondes. «Donc, assez de temps pour eux, étant à quelques pieds de M. Registre, pour se jeter sur lui, lui saisir les bras et lui passer les menottes», conclut le Comité.

«L'agent Bordeleau s'est approché de M. Registre seulement après la cinquième décharge, se contentant, pendant les deuxième, troisième et quatrième décharges, de crier à M. Registre de lui montrer ses mains», relève le Comité.

Le tribunal souligne à grands traits le témoignage d'un expert en utilisation de la force de l'École nationale de police, Bruno Poulin, selon qui une personne en «delirium agité» ne peut pas comprendre les ordres d'un policier.

Le Comité se dit aussi «troublé» par la lenteur de réaction de l'agent Thibert, qui s'est approché de Registre «seulement pendant la deuxième décharge» et ne l'a neutralisé physiquement qu'après la quatrième décharge.

Au moment de son arrestation, Registre était sous l'influence de l'alcool et de la cocaïne. Comme c'est l'usage, il a été transporté à l'hôpital. Il a perdu connaissance dans l'ambulance. Son état s'est rapidement détérioré, au point où il a dû être opéré quatre fois. Il est mort le 18 octobre.

Au terme de son enquête, en août 2008, la coroner Catherine Rudel-Tessier avait conclu que les décharges de pistolet électrique n'étaient pas suffisantes pour causer la mort de M. Registre, mais qu'elles y avaient «possiblement contribué». Il a reçu en tout six décharges pour un total de 300 000 volts en moins d'une minute. Il avait le foie, le côlon et l'intestin grêle nécrosés.

L'an dernier, la succession de Registre a intenté une poursuite civile contre la Ville de Montréal et les deux policiers en cause. Elle réclame 500 000 $. La cause est toujours devant les tribunaux.

Judge awards $1 million in Brett Elder wrongful death suit against Bay City, police

August 21, 2011
LaNia Coleman, The Bay City Times


BAY CITY — A federal judge in Bay City has approved a $1 million settlement in the wrongful death suit filed by the family of Brett Elder, the Bay City teen who died after Bay City police used a Taser to subdue him.

Eugene Elder Sr. filed the lawsuit against the city and Cpl. James Lyman in December 2009, nine months after his 15-year-old son died at a party on South Catherine.

An autopsy showed the teen died of “alcohol-induced excited delirium” coupled with “application of an electromuscular disruption device.”

Officers were called by party-goers who said the teen attacked a woman, placing her in a headlock.

Bay County Prosecutor Kurt Asbury has said the teen was intoxicated, “highly agitated and combative” and “took a fighting stance” against three officers.

Lyman deployed his Taser, the probes of which struck Brett Elder in the torso, according to reports. Witnesses claimed the teen had his hands cuffed behind his back when the Taser was fired.

Based on the state police investigation, Asbury declined to authorize criminal charges, saying the evidence did not prove any officers committed criminal acts.

Acting on the recommendation of retired Wayne County Circuit Court Judge Pamela Harwood, who served as mediator, U.S. District Judge Thomas L. Ludington signed an order for the disbursement of $1 million to four of the teen’s family members and the family’s attorneys.

The settlement provides $219,554 for Eugene Elder Sr.; $200,000 for Eugene Elder Jr. and Eric Elder, Brett Elder’s brothers; and $1,000 for Nancy Malucci, Brett Elder’s grandmother, court records show.

Another $7,500 is to be paid to attorney Howard Linden for administering Brett Elder’s estate.

The remaining $371,946 goes to Southfield attorneys Geoffrey N. Fieger, James J. Harrington IV and Robert M. Giroux Jr. of Fieger, Fieger, Kenney & Giroux, who represented Eugene Elder, according to court files.

The Bay City Times could not reach the Fieger law firm, Bay City attorney Kenneth G. Galica or city officials.

Eugene Elder Jr. declined to comment and other family members could not be reached.

Prosecutor clears Moberly cop in Taser death

August 13, 2011
Brennan David, Columbia Daily Tribune

A second special investigation has cleared Moberly police officers in the death of a 23-year-old man who was tased three times in August 2008.

Special Prosecutor Milt Harper acted for Randolph County in the county’s investigation into the death of Stanley Harlan. Police said they resorted to using Tasers after Harlan resisted arrest when they stopped him on suspicion of driving while intoxicated.

Harper concluded that Officer J.J. Baird was not criminally negligent. Harper did, however, conclude Baird was civilly negligent based on Moberly’s $2.4 million settlement with the family.

“It should be very clear that he did not do it to harm him and cause death,” Harper said yesterday. “I think he did it out of stupidity, lack of training, etc.”

Darrell Harlan, the victim’s father, said he is disgusted with Harper. “I guess it’s all right to torture people,” he said. “That cop knew how strong the Taser was. He thought it was all right to Taser someone for 31 seconds. Harper is saying it’s fine to torture people.”

Harper’s investigation began soon after special prosecutor and Howard County Prosecuting Attorney Mason Gebhardt in January 2009 concluded Baird was not criminally liable, Harper said. A judge who appointed Gebhardt as special prosecutor later recused himself, resulting in a do-over.

Harper considered the original evidence, the latest scientific testing and testimony from the civil case because some Moberly officers refused to cooperate. At the heart of the matter was the standard for Taser use in 2008 and how that standard has evolved.

In 2009, Taser recommended that chest shots not be used because of possible cardiac issues.

But Baird in this case cannot be held to a standard that did not exist in 2008, Harper said. It was found that Harlan suffered some sort of cardiac condition during his autopsy, making a guilty verdict difficult to obtain for the state.

It was found that Baird applied the Taser three times for intervals of 3, 21, and 3 seconds, Harper said. Harlan’s father disagrees with those times, saying the longest was 10 seconds longer.

“Had he done that today the same way, I would have charged him with a criminal offense,” Harper said. “That would have been criminal negligence because he would have violated a training rule.”

The legal firm that represents Baird and other officers, Brown Carnell Farrow LLC, said it believes its clients acted accordingly to training at that time and criticized Harper for his presumption of civil liability.

“Mr. Harper knows that Moberly’s insurer settled that case without any input from the officers involved,” said a news release from Brown Carnell Farrow. “Mr. Harper also knows that the settlement papers state that no one admits any wrongdoing.”

Harper said he was frustrated with that view, saying, “I hope this demonstrates this officer’s belligerence. I hope his continued belligerence does not cause Moberly another incident in their community.”

Taser, family of Lafayette's Ryan Wilson settle lawsuit over 2006 death

august 4, 2011
John Aguilar, Daily Camera

Nearly five years to the day since Lafayette resident Ryan Wilson[died after being shot with a Taser as he ran from police, his parents have reached an out-of-court settlement with the stun-gun manufacturer.

The long-running legal saga - which was due to go to trial next week in federal court in Denver - came to an end Wednesday when an order terminating the case was entered.

Ryan's parents, Jack and Wendy Wilson, and Arizona-based Taser International agreed to dismiss the case with prejudice, which means the couple is prohibited from suing Taser again in the incident.

Each party agreed to cover its own attorneys' fees and costs.

Jack Wilson, reached by phone Thursday, declined to comment.

Wendy Wilson's attorney, Michael Thomson, said he was not able to divulge the terms of the settlement between both parties. But he said his client intends to appeal a judge's ruling from last year that threw out a suit against the Lafayette police officer - John Harris - who fired the Taser at her son.

The parents claim that Harris didn't warn their son that he was going to use his Taser gun, as department protocols require, and that either he or the department destroyed taped evidence of the event from a video recorder in his police vehicle.

Prosecutors and the police department cleared Harris of any wrongdoing.

"Wendy is still focused on the police officer here and we plan to appeal the decision dismissing the case against the officer," Thomson said.

Lafayette police Cmdr. Gene McCausey declined to comment on the case. He said Harris is still a patrol officer and is starting his ninth year with the force.

It's not clear what role a $10 million verdict against Taser two weeks ago - in which a federal jury in Charlotte, N.C., determined that the company was at fault in the death of a 17-year-old boy who was shocked in the chest by a police officer - played in the decision by the parties to come to a resolution.

Thomson would only say about the North Carolina case: "I knew about it."

Following the Charlotte verdict and another Taser-related death in the city two days later, the Charlotte-Mecklenburg Police Department pulled all its Tasers off the streets for as many as 45 days for testing.

Calls to Taser's press office were not returned Thursday and attorneys for the company could not be reached.

Ryan Wilson, 22, was shot with a Taser gun Aug. 4, 2006, in a field near West South Boulder Road as he ran from police, who were investigating a report of marijuana plants growing in the area.

The Boulder County Coroner's Office ruled that Wilson died of an irregular heartbeat caused by a combination of exertion from running from police, the Taser shock and a heart condition present since birth.

A year after his death, Wilson's family sued both the Lafayette Police Department and Taser.

The now-dismissed case against Taser was a product liability suit that claimed that the company knew its Taser X26 had caused several deaths of people who were in an "exhausted and/or excited state," similar to the condition Wilson was in at the time of his death five years ago.

Federal Jury Awards $10 Million Against TASER International for Teenager's Death

CHARLOTTE, N.C., July 19, 2011 /PRNewswire/ -- Attorneys John Burton and Peter M. Williamson announce that at 2:30 p.m. EDT today, a federal court jury returned a verdict for wrongful death in the amount of $10,000,000.00 against TASER International Inc., for the wrongful death of 17-year-old Darryl Turner, who collapsed and died in a Charlotte, North Carolina supermarket on March 20, 2008, following shocks to the chest from a TASER Model X26 electronic control device.

The jury found that TASER negligently failed to warn that discharging its X26 model ECD into the chest of a subject near the heart poses a substantial risk of cardiac arrest to persons against whom the device is deployed. The plaintiffs are the parents, Devoid Turner and Tammy Lou Fontenot.

The Mecklenburg County medical examiner, Thomas D. Owens, M.D., found no drugs in Turner's system, and reported his heart to be disease free. Accordingly, Dr. Owens attributed death to "agitated state, stress and use of conducted energy device (TASER)."

After the verdict was announced, John Burton, lead counsel for the plaintiffs, explained the importance of the verdict: "TASER has been irresponsible in representing the safety of its products. Hopefully, this verdict will sound the alarm to police officers around the world that firing these weapons into the chests of people should be avoided. No other family should have to endure the tragedy that the Fontenot family has experienced."

The lawsuit is Fontenot v. TASER International, Inc., United States District Court for the Western District of North Carolina, Charlotte Division, Case No. 3:10-CV-125. The jury consisted of five women and three men. United States District Judge Robert Conrad presided.

Plaintiffs' Counsel:

John Burton, Esq.
THE LAW OFFICES OF JOHN BURTON
65 North Raymond Ave, Ste 300
Pasadena, CA 91103
Tel: 626-449-8300/Email: jb@johnburtonlaw.com
Web: http://www.johnburtonlaw.com

Peter M. Williamson, Esq.
WILLIAMSON & KRAUSS
21800 Oxnard Street, Suite 305
Woodland Hills, CA 91367
Tel: 818-226-5700/Email: pmw@wandklaw.com
Web: http://www.wandklaw.com

Charles A. Everage, Esq.
EVERAGE LAW FIRM, PLLC
1800 Camden Road, Ste. 104
Charlotte, NC 28216
Tel: 704-377-9157/ Email: cae@everagelaw.com

John F. Baker, Esq.
MAGANA, CATHCART & McCARTHY
1801 Avenue of the Stars, Suite 600
Los Angeles, CA 90067
Tel: 310-553-6630
Email: ptc@mcmc-law.com
Email: jfb@mcmc-law.com

SOURCE John Burton and Peter M. Williamson

RELATED LINKS
http://www.wandklaw.com
http://www.johnburtonlaw.com

Jury Award for Plaintiff in Turner v. TASER International - Company Intends to Appeal Based on Exclusion of Key Evidence and Other Errors

July 19, 2011, 4:05 p.m. EDT

SCOTTSDALE, AZ, Jul 19, 2011 (MARKETWIRE via COMTEX) -- TASER International, Inc. /quotes/zigman/85741/quotes/nls/tasr TASR +2.40% , a global provider of safety technologies that prevent conflict, protect life, and resolve disputes, today announced that a jury in Charlotte, North Carolina delivered a verdict against TASER International.

The case involved the death of Mr. Darryl Turner. Mr. Turner was a 17-year-old male involved in an altercation with law enforcement at a grocery store on March 20, 2008.

Key facts:

-- A Harvard cardiovascular pathologist, Dr. James Stone, diagnosed Mr.
Turner as having hypertrophic cardiomyopathy (HCM), the leading cause
of sudden cardiac arrest in young adults. Dr. Stone testified as an
expert for the defense and showed autopsy samples supporting his
expert opinion.
-- While most people assume that cardiac arrest only occurs in older
persons, a May 2011 study in the American Journal of Cardiology found
that 25% of all deaths of persons under age 21 are due to cardiac
arrest -- and 39% of those cardiac arrests are due to cardiac problems
(such as the HCM condition present in Mr. Turner).
-- The Court excluded the jury from hearing evidence that Mr. Turner had
three baggies of marijuana in his sock during the incident. TASER
International believes this is critical evidence, as well as the fact
that a screen for marijuana and other key drugs was not performed at
autopsy, or before the lab destroyed Mr. Turner's blood evidence.
Marijuana is known to exacerbate the risk of cardiac arrhythmias in
people with HCM. There was evidence that Mr. Turner's behavior had
drastically changed from earlier in the day when he left the store,
after being confronted with, and admitting to, theft allegations,
prior to his lunch break compared to when he subsequently returned and
a confrontation with store employees and police ensued. These changes
are suggestive of possible drug usage -- and the presence of three
baggies of marijuana in Mr. Turner's sock is particularly key evidence
in light of the failure of the investigation to have tested for
marijuana in his blood or hair samples before they destroyed them.
-- A May 2011 study just released by the United States Department of
Justice found, "current research does not support a substantially
increased risk of cardiac arrhythmia in field situations, even if the
CED (TASER ECD) darts strike the front of the chest." These findings
are consistent with the May 2011 Pasquier, et al. review paper on ECD
related morbidity and mortality, which is consistent with prior
literature, including the 2009 White Paper by the American Medical
Association.
-- The court also excluded jury instructions related to contributory
negligence. Under North Carolina law, if a plaintiff has acted in a
negligent manner that contributed to their damages, even a 1%
contribution, they are barred from recovering damages from a third
party. The Company's legal counsel believe that Mr. Turner's crimes,
including theft, trespassing, drug possession, assault on fellow
employees, resisting arrest and initiation of an apparent assault on a
law enforcement officer constitute negligent behavior that
necessitated the use of force by police. The Company believes this is
an appealable error and will pursue appropriate remedies in the
appellate courts.
-- The verdict amount will be offset by approximately $730,000 in a
settlement (including interest) from the City of Charlotte, as well as
deducting $40,000 in a settlement from worker's compensation so the
net award will be $9,230,000. Approximately $6 million of this award
will be covered by TASER International's insurance if the verdict
stands up through the appeals process.
-- Judgment has not yet been entered. TASER International has moved for
judgment in its favor not withstanding the verdict.

"This was a sad and tragic incident, and our hearts go out to Mr. Turner's family," said Doug Klint, President and General Counsel of TASER International. "We can certainly understand how the jury felt deep compassion for Mr. Turner's family, and how this compassion may have overwhelmed the scientific evidence presented in this case. However, given the important nature of this case and the exclusion of key evidence that occurred, TASER International intends to appeal this verdict."

TASER International has only received one other adverse jury verdict in the 2008 case of Betty Lou Heston v. TASER International, Inc. In that matter, on appeal to the Ninth Circuit Court of Appeals, TASER International prevailed on the majority of legal matters and the final amount awarded to plaintiffs was reduced from more than $7 million to approximately $200,000. While the company believes it has a strong case for appeal in the Turner matter, there are no assurances that the company will again be successful on appeal.

In other legal matters:

-- On July 18, 2011, The United States Court of Appeals for the Sixth
Circuit upheld the summary judgment granted in TASER International's
favor in the matter of Bud Lee, et al v. Metro Govt. of Nashville, et
al. in which the trial court in granting TASER International's motion
for summary judgment found that the electronic control devices were
not defective (in design, manufacturing, or warning) or unreasonably
dangerous.
-- TASER has won judgment or been dismissed in 127 product liability
cases.

About TASER International, Inc.

TASER International, Inc. /quotes/zigman/85741/quotes/nls/tasr TASR +2.40% is a global provider of safety technologies that prevent conflict and protect life. More than 16,200 public safety agencies in 107 countries rely on TASER(R) electronic control devices (ECDs) and AXON on-officer camera systems to help protect and serve. TASER innovations benefit individuals and families too, providing personal protection and accountability while maintaining regard for life. Since 1994, more than 236,000 individuals have relied on TASER technology as a means for effective personal safety. Learn more about TASER International and its solutions at www.TASER.com and www.Evidence.com or by calling (800) 978-2737. Be a part of the TASER community by joining us on Facebook, Twitter and YouTube.

Note to Investors

To review the TASER International Safe Harbor Statement, please visit our Investor Relations Safe Harbor Statement at http://investor.taser.com/phoenix.zhtml?c=129937&p=irol-safeharbor .

For investor relations information please contact Katie Pyra by phone at 480-515-6330 or via email at IR@TASER.com, or Dan Behrendt, Chief Financial Officer of TASER International, Inc., 480-905-2002.

CONTACT:
Steve Tuttle
Vice President of Communications
TASER International, Inc.
(480) 444-4000

Federal Jury Awards $10 Million Against TASER International for Teenager's Death

Federal Jury Awards $10 Million Against TASER International for Teenager's Death

CHARLOTTE, N.C., July 19, 2011 /PRNewswire/ -- Attorneys John Burton and Peter M. Williamson announce that at 2:30 p.m. EDT today, a federal court jury returned a verdict for wrongful death in the amount of $10,000,000.00 against TASER International Inc., for the wrongful death of 17-year-old Darryl Turner, who collapsed and died in a Charlotte, North Carolina supermarket on March 20, 2008, following shocks to the chest from a TASER Model X26 electronic control device.

The jury found that TASER negligently failed to warn that discharging its X26 model ECD into the chest of a subject near the heart poses a substantial risk of cardiac arrest to persons against whom the device is deployed. The plaintiffs are the parents, Devoid Turner and Tammy Lou Fontenot.

The Mecklenburg County medical examiner, Thomas D. Owens, M.D., found no drugs in Turner's system, and reported his heart to be disease free. Accordingly, Dr. Owens attributed death to "agitated state, stress and use of conducted energy device (TASER)."

After the verdict was announced, John Burton, lead counsel for the plaintiffs, explained the importance of the verdict: "TASER has been irresponsible in representing the safety of its products. Hopefully, this verdict will sound the alarm to police officers around the world that firing these weapons into the chests of people should be avoided. No other family should have to endure the tragedy that the Fontenot family has experienced."

The lawsuit is Fontenot v. TASER International, Inc., United States District Court for the Western District of North Carolina, Charlotte Division, Case No. 3:10-CV-125. The jury consisted of five women and three men. United States District Judge Robert Conrad presided.

Plaintiffs' Counsel:

John Burton, Esq.
THE LAW OFFICES OF JOHN BURTON
65 North Raymond Ave, Ste 300
Pasadena, CA 91103
Tel: 626-449-8300/Email: jb@johnburtonlaw.com
Web: http://www.johnburtonlaw.com

Peter M. Williamson, Esq.
WILLIAMSON & KRAUSS
21800 Oxnard Street, Suite 305
Woodland Hills, CA 91367
Tel: 818-226-5700/Email: pmw@wandklaw.com
Web: http://www.wandklaw.com

Charles A. Everage, Esq.
EVERAGE LAW FIRM, PLLC
1800 Camden Road, Ste. 104
Charlotte, NC 28216
Tel: 704-377-9157/ Email: cae@everagelaw.com

John F. Baker, Esq.
MAGANA, CATHCART & McCARTHY
1801 Avenue of the Stars, Suite 600
Los Angeles, CA 90067
Tel: 310-553-6630
Email: ptc@mcmc-law.com
Email: jfb@mcmc-law.com



SOURCE John Burton and Peter M. Williamson

RELATED LINKS
http://www.wandklaw.com
http://www.johnburtonlaw.com

Fatal Lafayette police Taser case goes to federal court

July 18, 2011
John Aguilar, Daily Camera

Ryan Wilson The case of a Lafayette man who died after police used a Taser on him nearly five years ago will go before a jury in federal court next month as part of a lawsuit against the stun-gun maker.

Ryan Wilson, 22, was shot with a Taser gun Aug. 4, 2006, in a field near W. South Boulder Road as he ran from police, who were investigating a report of marijuana plants growing in the area.

The Boulder County Coroner's Office ruled that Wilson died of an irregular heartbeat caused by a combination of exertion from running from police, the Taser shock and a heart condition present since birth.

A year after his death, Wilson's family sued both the Lafayette Police Department and Arizona-based Taser International.

The case against police, which included an accusation that the officer didn't warn Wilson he was going to use his Taser gun as required by department protocols, was dismissed by a judge last year. Wilson's estate has appealed that ruling.

The case against Taser -- a product liability suit -- remains in effect. Wilson's parents claim that the company knew its Taser X26 had caused several deaths of people who were in an "exhausted and/or excited state," similar to the condition of their son that day.

Jury selection in the trial, which is expected to last two weeks, is scheduled to begin Aug. 8.

Jack Wilson, Ryan Wilson's father, said he has been waiting for resolution to his son's death for too long.

"It's disturbing to know that the justice system moves so slowly," he said. "I expected it to take years, but not this long."

He declined to go into detail about his suit against Taser but said he hopes a wider message emerges about the potential hazards of restraining suspects through electric shock.

"I hope the outcome of the case would help in showing that Taser's practice is not everything they say it is," he said.

Taser spokesman Steve Tuttle defended the company's products and record.

"While Taser does not comment on pending litigation involving our equipment, we continue to stand by the independent, peer-reviewed medical studies that have shown that the Taser electric control devices are generally safe and effective," Tuttle said.

More than 16,200 law enforcement agencies use the company's products, he said, and there have been more than 2.5 million successful "field uses" of the stun guns, either involving suspects or law enforcement personnel during training exercises.

Tuttle also said Taser has lost only one product liability case in front of a jury since its founding in 1993.

But Judd Golden, head of the Boulder chapter of the American Civil Liberties Union, said that statistic doesn't take into account all the cases Taser has settled out of court.

Golden said he's aware of instances in Colorado when the company settled before the cases made it to trial.

He said there has been "some progress" in police use of Tasers over the last few years, especially after the company issued a bulletin in 2009 warning that shocking someone in the upper chest could result in a remote chance of cardiac problems.

Golden said more law enforcement agencies need to consider the potential danger of using electric stun guns in their line of work.

"These devices should only be used as an alternative to deadly force and should not be used as a device to control people," he said.

EDITORIAL: Reaffirm policy on Taser use

February 27, 2011
The Town Talk

The Lafayette Parish Coroner's Office has issued its report on the death of Javon Rakestrau, 28, who died in October after being Tasered by a Lafayette Parish sheriff's deputy. The report says Rakestrau died of complications of bronchial asthma, and that the stress of his arrest and the Tasering contributed to the death.

Rakestrau's blood contained a chemical indicating that he had smoked marijuana.

The finding is consistent with coroners' findings in similar cases, although we'd note that cases in which suspects die soon after Tasering seem to dwarf the number of deaths that occur as a result of asthma, cardiac problems or other conditions in arrests that don't involve Tasers. Rakestrau's death is one of at least 15 in Louisiana among suspects subjected to Tasering since 2004.

Lafayette Parish, with less than 5 percent of the state's population, accounts for three of them.

We'd urge local law enforcement agencies to take this opportunity to make sure officers know Tasers are to be used as an alternative to deadly force. The mounting list of deaths after arrests involving Tasers makes their use too risky for any other application, at least until more data can be collected and analyzed.

The Lafayette Parish Sheriff's Office has said the deputy involved in the Rakestrau arrest acted properly and within policy. The deputy performed first aid on Rakestrau until an ambulance arrived.

The video from the deputy's patrol car shows an arrest in a known drug trafficking area.

The deputy places Rakestrau against the hood of the patrol car, apparently to be frisked. Rakestrau reaches into his jacket pocket. He appears to try to throw something on the ground. Was it a weapon?

It doesn't seem to be, although the suspect's body shields it from the deputy. The deputy pulls Rakestrau away from the car, and they end up on the ground and mostly off camera. A few seconds later, they're both on their feet again, and the deputy shocks Rakestrau with the Taser.

If the deputy's use of a Taser was an alternative to the justifiable use of a firearm, then Rakestrau had a chance to live that he wouldn't have had otherwise, even though the suspect didn't act sensibly during the arrest.

The Taser becomes a humanitarian tool.

If the Taser is used for a lesser purpose, it becomes a tool with potentially lethal consequences that neither the law enforcement officer nor the suspect is in a position to predict.

$145M suit in Maryland taser death will go to trial

November 10, 2010
Neal Augenstein, wtop.com

WASHINGTON - Four years after a 20-year-old man died after being shocked twice by a Maryland sheriff's deputy's Taser, a federal appeals court has ruled the family's $145 million lawsuit can go to trial.

WTOP has learned the U.S. Court of Appeals for the Fourth Circuit in Richmond has dismissed an appeal from the Frederick County Sheriff's Office, the Board of County Commissioners and Rudy Torres, the deputy sheriff who administered two shocks to Jarrel Gray while trying to break up a fight in November 2007.

"This case is going to trial," says attorney Ted Williams, who represents Jarrel Gray's parents Jeffrey Gray and Tanya Thomas in the civil wrongful death lawsuit.

"We're appreciative the court noted in its ruling that the defendants manufactured a claim that we'd never made in a lower court," Williams says.

In its appeal, Frederick County officials had argued Torres should have been entitled to qualified immunity because the shockings occurred during his performance of duty.

However, the court ruled the appeal was based on an argument the Gray family had never made in its filings or oral arguments.

"Merely alleging that death resulted from Defendant's use of excessive force is not equivalent to alleging a wrongful death claim," wrote Senior Circuit Judge Bobby Baldock, of the Tenth Circuit, in a concurring opinion.

An autopsy showed Gray's sudden death was caused by a combination of police restraint, including the electric shocks, and alcohol intoxication.

The judge in Frederick County will set a trial date for next year, Williams says.

Court reinstates lawsuit over Mukwonago, Wisconsin Taser death

November 10, 2010
By Bruce Vielmetti of the Journal Sentinel

A federal appeals court on Wednesday ruled the parents of a man who died after being Tasered by police in 2006 can proceed with their lawsuit against the officers and the village and town of Mukwonago.

Nickolos Cyrus, 29, died in July 2006 after officers fired a Taser at him repeatedly when he was trespassing at a home under construction. Cyrus, who suffered from mental illness, was known to officers from previous delusional episodes and had been reported missing.

The Waukesha County medical examiner later ruled that he died from cardiorespiratory failure, partly as the result of the multiple electronic shocks. An inquest jury in Waukesha County concluded the officers used reasonable force.

His family sued, claiming he had been subjected to excessive force. U.S. District Judge Rudolph T. Randa granted summary judgment to the defendants in April 2009, finding that the force used by officers was reasonable.

In an opinion written by Judge Diane Sykes, the 7th U.S. Circuit Court of Appeals reversed Randa and sent the case back for trial. The court ruled that key factual disputes under the Fourth Amendment -- like just how much of a danger Cyrus posed, and how many shocks were administered -- can't be resolved by summary judgment:

The evidence conflicts, most importantly, on how many times Cyrus was Tasered. Czarnecki testified that he deployed his Taser five or six times, and the autopsy report describes marks on Cyrus’s back consistent with roughly six Taser shocks. But the Taser’s internal computer registered twelve trigger pulls, suggesting that more than six shocks may have been used.

Chief Burton supports possible Taser tweaks

November 1, 2010
Brennan David, Columbia Daily Tribune

As policy on Taser use has evolved, Columbia police Chief Ken Burton believes the device itself also has room to improve.

In August, Burton participated in a Police Executive Research Forum event where more than 60 police chiefs from across the country discussed ways to improve Taser use. While PERF’s executive committee has yet to release new recommendations as a result of the meeting, participants discussed mechanical changes that could improve the safety of the device.

The length of time an officer can send an electrical current through a person was discussed, and Burton said he thinks changes should be made to the devices, manufactured by Taser International.

“When people are under the influence, the extended shock has shown to be a problem,” Burton said. “We have asked them to reduce the amount of times a trigger can be pulled so that it automatically shuts off.”

The Taser X26, which is used by 87 of 110 patrol officers in Columbia, requires 50,000 volts to deploy the probes and shoot them as far as 25 feet. Upon impact, 1,200 volts are transferred to the subject, according to Taser International.

When the trigger is pulled, the Taser sends the electrical current through its probes for a five-second cycle. Officers are trained to press and release the trigger, said Officer Jason Baillargeon, a Taser trainer for Columbia police. The officer should be attempting to place handcuffs on the suspect during the cycle, he said. The Taser will continue to deploy an electrical current if the trigger is held.

Burton said he would like the Taser to shut off after the device is used a certain number of times on a suspect, and the PERF executive committee has requested that Taser International examine possible implementation. Burton did not specify a number of times the trigger should be allowed to be pulled.

“In some instances, like when officers are in the heat of the moment, they involuntarily keep the trigger down,” Burton said.

People for a Taser-Free Columbia organizer Mary Hussmann cited studies that showed as much as 80,000 volts can be transferred during a Taser deployment.

“They’ve requested this before,” she said of the potential changes to Taser devices. “Nothing has happened. Nothing will happen.”

Although no deaths have been attributed solely to Tasers, the use of the device in conjunction with health issues has resulted in death. “Normally there is something else involved, like heart problems,” Boone County Sheriff Dwayne Carey said. “A lot of this is the operator. Take the Moberly case, for example. It’s not the Taser itself, it was the operator. But the example can be used the same way for a baton.”

In August 2008, Stanley Harlan, 23, died after being stunned multiple times by Moberly police. The city settled with Harlan’s family without admitting fault, and a special prosecutor determined the officers were not criminally liable.

Columbia voters will decide tomorrow whether Taser use should be permitted in Columbia. If Proposition 2 passes, it will create an ordinance making it illegal for any officer or resident to threaten to use or activate any conducted electrical devices in the city.

Jurors find ex-officer not guilty in Taser case

The verdict does not, however, end the case. The mother of Pikes' 4-year-old son has filed a wrongful death lawsuit in federal court against Nugent and city officials. A malfeasance-in-office charge is also still pending against Nugent.

Defense rests its case in Taser death trial in Winnfield

I couldn't MAKE THIS STUFF UP if I tried!!!

One of today's "expert witnesses" in the manslaughter trail against former Winnfield, Louisiana Police Officer Scott Nugent was Dr. Jeffrey Ho. According to the publication, Mother Jones, Taser International pays Dr. Ho to conduct studies and testify — he got $70,000 during one 12-month stretch (see Mother Jones - Taser's Delirium Defense) - it's a fascinating read. According to sources, Dr. Ho got a ride to the Canadian Braidwood Inquiry, where he admitted he is not a heart specialist, in a Taser jet. Ho also admitted some of his research was co-authored by a former Taser employee who has no medical expertise. Ho is apparently a shareholder in Taser International and some of his research is funded by the company.

According to the news report that follows (see below), the expertise of today's other "expert witness", Dr. Charles Wetli, is sudden death caused by "sickle cell trait". In an article called "Is excited delirium killing coked-up, stun-gunned Miamians?" Dr. Wetli was described as the world's leading expert on excited delirium. Another article said that Wetli is paid to testify as an expert on the "excited delirium" syndrome in "four or five" cases each year, often to defend the police ... Wetli, who said he does not fully understand how excited delirium causes death, said he has cited it "once or twice a year," mostly in police custody deaths. So, in the case of Barron Pikes, it seems Dr. Wetli avoided the very controversial "excited delirium" defense in favour of the "sickle cell trait" defense. WTF??

And then we have the rest of the merry band of Taser-friendlies who have had input into this trial:

Jerry Glas, one of the attorneys defending former Winnfield Police Officer Scott Nugent against manSLAUGHTER, represents Taser International.

"Expert witness" Mark Kroll, Taser shareholder, serves on the corporate board of Taser and has been paid more than $800,000 over the past three years as he has been used as a witness in cases involving Tasers

"Expert witness" Hugh Calkins is a paid consultant for TASER International and sits on one of their Boards.

Taser International is apparently paying for their appearance at the trial.

Renowned New York City medical examiner Michael Baden testified that Pikes, 21, died from cardiac arrest suffered from the repeated Taser shocks. "He was healthy. He was Tasered. He died," Baden testified. "There was no other reason for his death."

*********************************
October 28, 2010
By Bret H. McCormick, The Town Talk

WINNFIELD — Scott Nugent’s defense team called its final two witnesses to the stand today, Oct. 28, and then rested its case as the former Winnfield police officer’s manslaughter trial nears its end.

Defense attorney Jerry Glas called two more experts in his attempt to paint reasonable doubt in the minds of jurors that Nugent’s repeated use of a Taser led to the Jan. 17, 2008, death of Barron “Scooter” Pikes.

Dr. Jeff Ho, an emergency medicine expert who studies the effects of Tasers on the human body, testified that he’d “never heard” the theory proposed by the prosecution’s star witness, forensic pathologist Michael Baden, who testified earlier that the Taser’s electrical current could have traveled through blood vessels to Pikes’ heart and caused cardiac arrest.

Forensic pathologist Charles Wetli, whose specialty is sudden death caused by sickle cell trait, also provided testimony that attempted to discredit Baden.

Wetli concluded that it wasn’t the “eight or nine” Taser drive stuns administered by Nugent that led Pikes’ death, but rather the fact that Pikes suffered from sickle cell trait.

The prosecution and defense will make their closing arguments beginning at 9 a.m. Friday, Oct. 29, in the Winn Parish Courthouse before Nugent’s fate is left in the hands of the jury. If convicted, he would face up to 40 years in prison.

Defense experts begin testimony in Taser death trial in Winnfield

Jerry Glas, one of the attorneys defending former Winnfield Police Officer Scott Nugent against manSLAUGHTER, represents Taser International.

"Expert witness" Mark Kroll, Taser shareholder, serves on the corporate board of Taser and has been paid more than $800,000 over the past three years as he has been used as a witness in cases involving Tasers

"Expert witness" Hugh Calkins is a paid consultant for TASER International and sits on one of their Boards.

Taser International is apparently paying for their appearance at the trial.

Renowned New York City medical examiner Michael Baden testified that Pikes, 21, died from cardiac arrest suffered from the repeated Taser shocks. "He was healthy. He was Tasered. He died," Baden testified. "There was no other reason for his death."


October 28, 2010
Bret H. McCormick, The Town Talk

WINNFIELD -- The defense team in the manslaughter trial of former Winnfield Police Officer Scott Nugent rolled out its first two expert witnesses Wednesday in an attempt to convince the jury that Nugent was not responsible for the death of Barron "Scooter" Pikes.

Nugent, 24, is accused by prosecutors of using a Taser on Pikes, also known as Barron Collins, "eight or nine times," which they say led to Pikes' death following his arrest on an outstanding felony drug warrant on Jan. 17, 2008.

The two expert witnesses -- one who took the stand in the Winn Parish Courthouse and the other who appeared via a videotaped deposition -- attempted to poke holes in the testimony of one of the prosecution's key witnesses.

That witness, renowned New York City medical examiner Michael Baden, testified earlier that Pikes, 21, died from cardiac arrest suffered from the repeated Taser shocks. "He was healthy. He was Tasered. He died," Baden testified. "There was no other reason for his death."

Mark Kroll, a biomedical engineering professor at the University of Minnesota whom the defense submitted as an expert in bioelectricity, and Dr. Hugh Calkins, a cardiology professor at Johns Hopkins University, both disputed Baden's theory.
Kroll and Calkins were the first two defense witnesses called by defense attorney Jerry Glas, a New Orleans attorney who also represents Taser International.

Dressed in a long-sleeve white shirt and black dress pants, Nugent sat stoically between his Pineville attorneys, George Higgins and Phillip Terrell, while Glas presented the defense's case.

Calkins particularly took Baden to task, saying his statement "was not consistent with anyone who has any knowledge of the Taser device." Calkins' deposition was recorded Monday night because he was unable to attend the trial.

The defense's two experts testified that research shows Tasers, particularly the TaserX26 model used by Nugent and the "drive stun" method of using the Taser directly against a suspect's body, cause pain but would not lead to the death of a 6-foot, 250-pound, 21-year-old like Pikes.

"It hurts, but there's zero negative effect on the body," Kroll said.

"That's what the drive stun does," Calkins said. "It doesn't cause arrhythmia. It causes discomfort."

Winn Parish chief prosecutor Steve Crews tried to punch holes in the experts' credibility by showing their close relationships with Taser International, which is paying for their appearance at the Nugent trial.

Both Kroll and Calkins have paid positions on Taser International boards, while Kroll has received nearly $800,000 in compensation over the past three years for his role on the board of directors and as a consultant for Taser.

Those relationships, Crews said, show "bias and prejudice" on the experts' part.
The experts said they haven't hidden their relationships with Taser International, but those relationships give them a unique perspective and knowledge on the effects of the devices.

Crews said Pikes' combination of sickle cell trait, an enlarged heart, high blood pressure from trying to escape arrest and being Tased eight or nine times over a 15-minute span formed a lethal combination that could have led to his death.

Calkins, however, said there is "no evidence" that Tasers can lead to someone's death because the electricity only causes blood pressure to rise "a trivial amount," and the electricity charge is "very superficial. "The Taser ECD (Electronic Control Device) played no role, did not cause or contribute to the death of Mr. Collins (Pikes)," Calkins said.

Judge John Joyce, who earlier in the day seated one of the two alternate jurors because one of the jurors was dismissed "due to unusual circumstances," recessed the trial early Wednesday afternoon as the defense's third witness was not in town yet.
The trial will continue at 9 a.m. today with more defense testimony, and the defense could rest its case as early as this afternoon.

WTF?

What the hell is up with Jerry Glas "who also represents Taser International" and Mark Kroll, who "serves on the corporate board of Taser and has been paid more than $800,000 over the past three years as he has been used as a witness in cases involving Tasers" being front and center at the MAN-SLAUGHTER trial of Former Winnfield Police Officer Scott Nugent????? Jerry Glas, as one of Nugent's attorneys and Mark Kroll as an "expert witness"?????? Mark Kroll, who's been known to say "If one ping-pong ball hit to the head does not kill you, 1,000 probably cannot either"?????

If it looks like a conflict of interest, smells like a conflict of interest, sounds like a conflict of interest, walks, talks and acts like a conflict of interest and GETS PAID like a conflict of interest, then it MUST BE a conflict of interest.

Justice must be seen to be done, to be done.

Bioelectricity expert in Winnfield manslaughter trial says Taser did not cause suspect's death

October 27, 2010
thetowntalk.com

WINNFIELD – The Taser shocks administered to Barron "Scooter" Pikes by police were not the cause of Pikes’ death, a bioelectricity expert testified today, Oct. 27, in a trial in Winnfield.

Former Winnfield Police Officer Scott Nugent, 24, is on trial for manslaughter. He is accused of using a Taser to cause Pikes’ death as Pikes, 21, was being arrested in 2008.

The bioelectricity expert, Mark Kroll of the University of Minnesota, testified for two hours today as the defense began presenting witnesses.

Kroll said the Taser X26 used on Pikes generates 2,000 times less electricity than a defibrillator and that the electric shocks “never came close to the heart” as Pikes was Tasered.

Kroll serves on the corporate board of Taser and has been paid more than $800,000 over the past three years as he has been used as a witness in cases involving Tasers. The prosecution said Kroll is biased.

Concerning a shock by the Taser, Kroll said, “It hurts, but there’s zero negative effect on the body.”

If convicted of manslaughter, Nugent could face up to 40 years in prison.