Letter to the President of the United States

To: President Barack Obama
The White House
1600 Pennsylvania Ave.
Washington, DC, USA 20500

Subject 21st Century Electronic Lynching

Mr. President,

This letter was written to express the protests of concerned Individuals, Civil Rights Organizations and activists who complain that our civil rights have been so eroded that it is now acceptable Police policy to use cruel and unusual punishment on a Citizen without due process of law. We the undersigned Citizens, Citizen Groups and Civil Rights Organizations, protest that the 4th, 8th, and 14th amendments of the constitution are being systematically violated by Police Officers using electronic torture devices on Citizens and non-Citizens.

Representatives of the company that manufacturers electronic torture devices lied to Police Officials when they told them that the devices had been tested and were found to be non-lethal. They bragged instead about the excruciating agony and terror caused by their use. It is impossible for the manufacturer to have tested these electronic torture devices with electrodes shot at different depths under a victims skin, and in all possible places on the human body, and for the extended times experienced in the field, also they could not have tested the devices on victims with various medical, physical and mental conditions. Had this happened there would have been many deaths of the test subjects. Instead, the company in effect used Police Officers as lab assistants and the public as lab rats for their tests, then they harvest Para-Medic and Medical Examiners Reports all for free. They scammed an all too willing law enforcement community with half truths and outright lies. The best estimate that we can find to date indicates that thousands of victims have suffered cruel and unusual punishment and 476 victims were tortured and died after being electrocuted with an electronic torture device in the US and Canada. Medical records prove many victims suffer neurological damages after being electrocuted with an electronic torture device by a Police Officer.

Michael Patrick Jacobs Jr., a bipolar 24-year-old black youth, who needed medical attention was tortured for 54 seconds with 50,000 volt electrodes shot into his neck and chest. He was not a criminal. His 21st Century Electronic Lynching was declared a homicide by the Tarrant County, Tx. Medical Examiner. After his taser torture death the taser manufacturer sent bulletins to all Police departments to direct Officers not to shoot a victim in the chest area to avoid causing cardiac arrest. This was after 12 years of vehemently denying that tasers could be lethal and after 424 prior taser related torture deaths. The inaccuracy of the devices gives Police Officers little control over where they will be shot into the flesh of a victim so each use is playing Russian Roulette with a victims life.

Mr. President, there is no more cruel and unusual punishment than being slowly electrocuted with 50,000 volts of electricity delivered under the skin. Please take the time to count down 54 seconds to understand just how long Michael Jacobs and thousands of others have suffered the agony of electrocution. The Nebraska Supreme Court ruled in 2009 that the 4 seconds of agony suffered by a convicted felon, before death occurred in the electric chair, was cruel and unusual punishment, and unconstitutional. Electrocution has been abandoned as a means of execution. Michael Jacobs who was convicted of nothing, cruelly and senselessly suffered the agony of being electrocuted with over 20 times the voltage (and pain) used in the electric chair, with a 50,000 volt barb shot into his neck and chest, for 13.5 times longer than a convicted criminal had to suffer in the chair before death happened. He suffered 54 seconds of agony before his young healthy heart was caused to fail. He is survived by two Fatherless Children and a grieving Mother and Father who blame themselves for calling for help to medicate their son and got him tased, tortured to death instead. Michael Patrick Jacobs Sr. wishes the Police had shot his son in the leg instead of torturing to him death. He said "at least he would still be alive." Google his name for the full story.

The complete Michael Patrick Jacobs Junior test is readily available to anyone who doubts that being tased for 54 seconds is cruel and unusual punishment and torture. Ft Worth, Texas has a Police Officer that is expert in administering it.

The 9th District Court made the ruling this past September that a taser could only be used when an Officer's life or the life of someone else was in danger. Police Officers train and by instinct do not use a taser in a life threatening situation, they use a lethal weapon just as they trained for and always have. This is backed by FBI records and we agree that a Police Officer is justified in using lethal force in defense of his life or to prevent harm of an innocent life. That said, any time a Government Official intentionally takes a citizen's life that act must be investigated and evaluated as to it's constitutional validity. In the 9th District Court ruling, the Judge declared that the use of electronic torture devices (tasers) causes severe pain and terror. By the very definition, severe pain and terror constitutes cruel and unusual punishment. The United Nations declared that the use of a taser against a victim is "a potentially lethal form of torture".

After the famous case of the Polish immigrant who was tortured to death in a Vancouver, British Columbia airport for failing to comply with police orders, the Canadian government made the ruling that tasers could only be used in life threatening situations. Again Police Officers do not use tasers in life threatening situations. On the news this evening a Police Officer shot a Pit Bull that was attacking him. He didn't use his taser.

The use of water boarding on terrorists was condemned by you, and high ranking members of The Democratic Party, as torture while it was being done on George Bush's watch and water-boarding produces no physical pain and is mild compared to electrocution with 50,000 volts of electricity under the skin. Our troops are sacrificing their lives every day for the avowed purpose of eliminating the use of torture and terror by our enemies while torture and terror is being inflicted on our own Citizens daily by Police Officers, without due process of law. No one is fighting for these tortured, terrorized Citizens. 41 percent of the torture deaths resulting from taser use in 2009 were black men and boys.

Mr. President, an 84 year old Grandmother and 10 year old children have been tortured with a taser by Police. One little 10 year old child was taser tortured in her home by an Arkansas Police officer because she refused to take a shower before bed time. Tear down this wall and end this terrible atrocity. 84 year old Grandmothers should not be made to live in fear and cringe each time they see a Police Officer. Be the President that is remembered in history as the President that ended barbaric torture and terror in the USA. Set the standard for all the world and issue an executive order outlawing the use of torture of any kind and especially electrical torture. Outlaw the possession, manufacture, sale, and/or use of electrical torture devices in the USA by anyone, including Police Officers, our Military and the CIA here and abroad. Return the dignity and respect to this Nation that we once had.

Signed
Kyev Tatum SCLC President
Southern Christian Leadership Conference (SCLC) Texas
sclctarrantcounty@yahoo.com
kyevtatum@yahoo.com

Signed
Hector Carrillo LULAC District Director
League of United Latin American Citizens
hcarrillo29@hotmail.com

Signed
Deryl Muhammad--Representative
Nation of Islam
derylmuhammad@yahoo.com

Signed
Drew X
Chairman New Black Panther Party
drewx2003@yahoo.com

Signed
Tom Franklin
Pastor New Mt. Calvary Baptist Church
The Taser-Torture-Death Memorial Site
frenklinart@aol.com

Signed
Marcus Hardin SCLC Texas
Strategist, Researcher, Historian
mhardin104@aol.com
http://truthnottasers.blogspot.com/

Signed
Friendship Rock Missionary Baptist
A. Scott Harper
asharper35@yahoo.com

Signed
Eddie Griffin (BASG)
eddiegriffin_basg@yahoo.com
http://eddiegriffinbasg.blogspot.com/

Signed
Julie Walker
Prevent Dangerous Harm Inc.
jwalker@preventdangerousharm.com
www.preventdangerousharm.com

Anti-Taser group gathers 1,000 names

April 16, 2010
Columbia Tribune

People for a Taser-Free Columbia have gathered more than 1,000 signatures during the first two weeks of the grass-roots organization’s petition drive.

The group’s goal is to rid Columbia of the threat and use of conducted energy devices by residents and law enforcement officials through a referendum to be placed on the November ballot. Yesterday, volunteer Mary Hussmann said the group has collected an unofficial tally of more than 1,000 signatures since April 1.

The total number of signatures required for the petition will be determined by the official total of voters in the April 6 mayoral election, which has not yet been certified by the Boone County clerk’s office. Volunteers will be required to gather 20 percent of that total, which Hussmann said she estimates will be about 3,700 signatures.

The group is shooting for 4,000 signatures, she said, and hopes the election results will be certified sometime next week. Keep Columbia Safe was required to gather 2,579 signatures to place its downtown camera referendum on the April ballot.

Boone County Clerk Wendy Noren could not be reached for comment.

Bay Area Rapid Transit (BART) cops turn in Tasers for more training

April 15, 2010
By Denis Cuff, Contra Costa Times

BART ordered its police officers Thursday to turn in their Tasers until the entire force can get more training in use of the weapon. The move comes ahead of the murder trial of a former BART police officer who shot an unarmed passenger last year.

Interim police Chief Dash Butler said he ordered a weeks-long time out for the stun guns to allow for more training in Taser policies and procedures.

Butler said he wants to make sure officers are familiar with court rulings that limit use of Tasers to defensive purposes. "It was already planned because of the court rulings," he said.

Butler acknowledged greater urgency for the move following an incident earlier this month in which a BART police officer fired a Taser at someone under circumstances that led to an internal affairs investigation. Butler declined to give details of the incident or comment on a television news report that the officer had fired at a 13-year-old boy fleeing on a bicycle.

The officer missed his target, Butler said. The Taser's use, coupled with the fact that the chief was not informed of the incident until several days later, raised concerns.

He said the training will emphasize BART procedures that officers must wear the Taser holster on their weak side — the side of their nondominant arm.

Previous BART policies allowed officers to wear the Taser holster in different ways, but "there is only one way now," Butler said.

Taser use is an issue in the defense of former BART officer Johannes Mehserle, who is charged in the Jan. 1, 2009, fatal shooting of Oscar Grant III, an unarmed BART passenger.

His defense team says Mehserle thought he was firing his Taser instead of his revolver at Grant.

John Burris, an Oakland attorney representing Grant's family, applauded the decision. "It was wise to take (the Tasers) from officers and retrain them so they understand both the law and the proper use."

Burris said he does not accept Mehserle's defense, but he added that even using a Taser on Grant would have been an "inappropriate use of force."

Otto Zehm grand jury to hear evidence police changed testimony

April 15, 2010
Thomas Clouse, The Spokesman-Review

Feds: Accounts of fatal encounter altered

Allegations of a cover-up by Spokane police officers over their handling of the fatal Otto Zehm confrontation and the department’s 2006 investigation of the case are being presented to a federal grand jury.

In the ongoing obstruction-of-justice probe by the U.S. attorney’s office and the FBI, indications are that some Spokane police officers, including Assistant Chief Jim Nicks and lead detective Terry Ferguson, now acknowledge that the city’s earlier characterizations of the fatal encounter were wrong and that its investigation clearing officers of wrongdoing was incomplete and inaccurate. Federal documents filed this week in U.S. District Court also suggest Spokane police altered witness statements to appear more favorable to the first responding officers.

“The United States … anticipates Det. Ferguson will testify that there were many glaring missteps and omissions during the course of the SPD’s ‘independent investigation,’ ” Assistant U.S. Attorney Tim Durkin wrote in a 74-page filing Tuesday.

The document does not name any officers but indicates that “one or more” of those named in the $2.9 million civil suit are being investigated for potentially obstructing justice. That list includes Nicks, Ferguson, and Officers Steven Braun, Zack Dahle, Erin Raleigh, Dan Torok, Ron Voeller and Jason Uberuaga.

Currently, only Officer Karl Thompson faces felony charges of using excessive force and lying to investigators following the March 18, 2006, confrontation with Zehm, who was struck with a police baton multiple times and jolted with a Taser. The 36-year-old mentally ill janitor, who was mistakenly identified as a crime suspect, stopped breathing while he was hog-tied with a mask on his face. He died two days later.

Police Chief Anne Kirkpatrick, who has issued a departmentwide gag order regarding the Zehm investigation, said she was unaware of the depth of Durkin’s allegations.

“This is the first I have heard of this kind of detail,” Kirkpatrick said. “I don’t know what to say. At this point, they are allegations and that’s why it has to be aired in a court of law for putting facts in context. That’s where issues of truth will hopefully be determined.”

The disclosures indicate that Nicks, who served as interim chief before Kirkpatrick was hired in September 2006, now believes Thompson’s handling of the Zehm confrontation was improper.

That’s substantially different from what Nicks publicly stated for months after the confrontation. He claimed repeatedly that Thompson did nothing wrong and blamed Zehm for lunging at Thompson as he responded to an erroneous report that Zehm had stolen money from a nearby ATM.

Durkin wrote in court documents that Nicks now has told a different story to federal investigators and is expected to testify in the criminal trial, set for June 2, that Thompson used excessive force and that Thompson’s statements to investigators were “materially inaccurate.” Convenience store video also shows that Zehm never lunged at the officer.

In addition, Durkin wrote that Ferguson, who led the investigation into Zehm’s death, has acknowledged that her investigation was “inaccurate” when she wrote to Spokane County prosecutors that she didn’t find “any evidence” of excessive force by Thompson.

The court records also describe how Ferguson and Detective Mark Burbridge either changed or omitted statements by witnesses that indicated that Thompson struck Zehm’s head with a police baton, which would have constituted illegal lethal force.

In one case, the detectives attempted to “discredit” one witness who gave a television interview describing how she saw Thompson strike Zehm in the head with the baton – something Thompson has repeatedly denied.

“They decided, before the interview, that they would try to discredit her,” Durkin wrote of Ferguson and Burbridge. “The Detectives felt that the witness had an anti-law enforcement bias.”

But the detectives proceeded differently with those witnesses “that are felt to be law enforcement friendly,” Durkin wrote. When federal investigators showed the witnesses how detectives summarized their accounts of the confrontation, most said information was left out and that the summaries should be changed to more accurately reflect what they saw.

“The revisions are more incriminating of defendant Officer Thompson’s use of force than is contained in Burbridge’s summaries,” Durkin wrote.

When federal investigators asked Burbridge for the notes from his witness interviews, he told them they had been destroyed.

Federal agents also interviewed Uberuaga, who is a certified defensive tactics instructor and one of the seven officers who responded to the convenience store that night.

Uberuaga gave federal agents two signed or recorded statements that Thompson’s “use of force was unreasonable and excessive.”

Uberuaga wanted to change his statements “upon further reflection and consultation” with Assistant City Attorney Rocky Treppiedi. But Uberuaga is expected to testify that Thompson’s recorded statement describing Zehm as aggressive and threatening with a pop bottle “was inaccurate in comparison to the security store video.”

Testimony before the grand jury will continue next week. Gary Graham, editor of The Spokesman-Review, received a federal subpoena requesting any information identifying a reader who posted two comments on the newspaper’s Web site in March about the Zehm case.

The postings, made under the name “CharlesBillford,” detailed an alleged encounter between Sgt. Torok and his attorney, who was “yelling at (Torok) for lying to the grand jury.” Torok’s attorney, Rob Cossey, did not return a message seeking comment Wednesday.

The newspaper requires only e-mail addresses from readers who leave comments on its Web site. That information, along with the user’s Internet Protocol address, was turned over to federal authorities.

Spokesman-Review attorney Duane Swinton said that the newspaper Web site policy clearly indicates that the company “may have to divulge the IP addresses and other identity information upon receipt of legal process.”

Multiple efforts to reach Thompson’s attorney, Carl Oreskovich, were unsuccessful Wednesday.

Cruel and Deadly Experiments Conducted at Hennepin County Medical Center Likely Violated Law

For Immediate Release:
April 14, 2010

Contact:
Justin Goodman 757-622-7382

Minneapolis -- After learning about inhumane and ineffective Taser experiments that were conducted at Hennepin County Medical Center on methamphetamine-dosed sheep--experiments that were partially funded by Taser International--PETA has fired off a complaint to the U.S. Department of Agriculture (USDA) calling for an immediate investigation into the experiments, which the group believes may have violated federal animal protection laws. A review of USDA records has revealed that Hennepin County Medical Center appears not to be licensed to conduct animal experiments on sheep and other regulated animals, as is required by law, and that the experiments apparently did not undergo proper ethical and scientific review. As a result, the experiments could be in violation of the Animal Welfare Act.

"Sheep don't do drugs and don't resist arrest--and they aren't good stand-ins for humans who do," says Kathy Guillermo, vice president of PETA's Laboratory Investigations Department. "Taser is apparently so dead set on proving that stun guns aren't dangerous, it's willing to subject sheep to deadly and irrelevant experiments that may violate the law to do it."

In the study, 16 sheep were restrained, dosed with methamphetamines and shocked with a Taser device for up to 40 seconds at a time. At the end of the study, the animals were killed. The study's authors include Taser's medical director, Jeffrey Ho, and Donald Dawes, a physician who advises Taser. Both of the men own shares in the company.

PETA, medical experts, and the authors of the new study themselves have noted that the results of animal studies on the cardiac effects of Taser shocks do not translate to humans and have frequently contradicted results from human studies. This is largely due to the fundamental biological differences between species and the fact that there is a vast difference between tasering humans on the street and tasering animals in a laboratory. Superior, human-relevant data on the effects of tasering are collected via post-tasering medical monitoring and tests on human volunteers.

British police shot man with Taser after he suffered epileptic fit in gym

Hostile behavior is not unusual when someone is recovering from a seizure, according to an Epilepsy Foundation report entitled Inappropriate Response to Seizures. "Accordingly, restraint of persons soon after a seizure may exacerbate or precipitate combativeness the opposite of the intended result," according to the report.

See also an ABC News report from November 23, 2006: Arrested for Epilepsy. "The Epilepsy Foundation said that the best thing police or bystanders can do when they see someone undergoing a seizure is to not restrain the person. Rather, they should simply let the seizure pass, watch to make sure the seizure sufferer is not in harm's way, and comfort the person when it ends. Call 911 if the episode lasts more than 5 to 7 minutes, the group advises."

April 13, 2010
Daily Mail

Police watchdogs have launched an investigation after a Taser was used on a man suffering an epileptic fit.

The Independent Police Complaints Commission has launched an investigation after Greater Manchester Police officers allegedly shot the man with a 50,000-volt stun gun after he collapsed in November.

Paramedics were called to the Powerleague gym in Whalley Range, Manchester, after the 40-year-old man suffered from a seizure.

They then asked for police back up after he started biting and punching the ambulance crew.

During the incident one officer discharged a Taser at least once into the man, who was also restrained.

The man, who spent more than two weeks in hospital after the incident, made a complaint via his solicitors, alleging the officers were negligent and had used excessive and unnecessary force.

The matter was then referred by Greater Manchester Police to the IPCC.

The IPCC will carry out an independent investigation into the allegations.

IPCC Commissioner Ms Naseem Malik said: 'This man suffered an epileptic seizure and it is clear paramedics were struggling to treat him due to the violence of that seizure.

'Our investigation will be thorough and examine the appropriateness of the actions taken by the police officers who attended to assist the paramedics.

Superintendent Mike Freeman, of Greater Manchester Police's Professional Standards Branch, said: 'This matter was referred to the Independent Police Complaints Commission by GMP in line with the IPCC's policy that complaints arising from the discharge of tasers are referred to them.

'The role of the IPCC is to determine the method of investigation and in this case it will be independently managed.

'Officers were called to this incident because the 40-year-old man in question was suffering a seizure and posing an immediate threat to the safety of himself and others and had assaulted a number of paramedics.

'As an IPPC investigation is underway it would be inappropriate for us to comment further.'

Taser International tried to intimidate consultants, lawyers say

April 12, 2010
Jeff Lee, Vancouver Sun

Company launched a 'scurrilous attack' to discredit professionals by saying they are guilty of bias and dishonesty, judge told

Taser International was accused Monday of trying to intimidate consultants and lawyers hired by the Thomas Braidwood commission, which looked into how conducted-energy weapons should be used in B.C.

The company launched a "scurrilous attack" on two respected professionals involved in the inquiry, accusing both of bias and one of dishonesty, as part of an aggressive ploy to intimidate anyone who questions the safety and efficacy of Tasers, a B.C. Supreme Court judge was told.

Lawyers for the provincial government and the two men made the accusations in court as they sought to dismiss Taser's application for a judicial review of Braidwood's report into the use of Tasers in B.C.

But the company, whose weapons are widely used by police departments, prisons and security forces around the world, says it is only arguing that it wasn't given fair warning to respond to any adverse findings the Braidwood inquiry might make and that his findings harm its reputation.

In its application, Taser argued the study commission's process was flawed and that scientific and professional studies it provided to the commission were not included when Braidwood issued his final report, Restoring Public Confidence -- Restricting the Use of Conducted Energy Weapons in British Columbia last year.

But Craig Jones, a lawyer for the Attorney-General's Ministry, said Taser is trying to dictate matters simply because it doesn't like Braidwood's findings.

"It continues to dispute that there is a risk, however small, associated with Taser use," he said. "Taser's assertion of harm to its reputation remains without any evidence whatsoever."

Braidwood was appointed by the government in 2008 to conduct two commissions: the first, a study commission, looked only into how Tasers and other conducted-energy weapons are used. The second was a formal hearing of inquiry into the circumstances around the death of Robert Dziekanski at Vancouver International Airport on Oct. 14, 2007 after he was repeatedly shocked by a Taser wielded by an RCMP officer.

Braidwood issued the study commission's findings on June 18, 2009. His report on the inquiry is expected in June or July.

Taser has asked for a number of declarations, including the quashing of several sections of Braidwood's first report where he concluded that conductedenergy weapons, in some circumstances, could cause death or severe injury. It also asked for declarations that Art Vertlieb, the commission's counsel, and Dr. Keith Chambers, a medical consultant, were guilty of "dereliction of duty" that led to a "reasonable apprehension of bias" against Taser. They also alleged that Chambers was guilty of "dereliction of duty to be honest."

Those words angered the lawyers for the two men. They charged that Taser was trying to intimidate the commission as a way of discouraging future witnesses or consultants in cases against the maker of the conducted-energy weapon.

"This is pure intimidation. This is an attempt by a large company that manufactures these weapons to try and silence anybody who would speak out against them by suing them in a manner that cannot possibly succeed," John Hunter, the lawyer for Chambers, told Justice Robert Sewell.

"In my submission, that is an improper purpose and should be subject to being visited with the chastisement of special costs by this court."

Both Hunter and Thomas Berger, who is representing Vertlieb, told the judge Taser's unfounded allegations against their clients -- in which the company offered no evidence -- were so outrageous that he should also award special court costs.

"This case is the very definition of abuse of process," Berger told the judge.

Jones said the two men only provided assistance in collecting or collating documents for Braidwood and made no submissions or findings themselves. As such, the two men didn't do anything wrong, he said.

Taser International is known for aggressively challenging anyone who says its weapons can cause death. It argues its guns, which deliver a high-voltage shock to incapacitate the victims, are a safer alternative to deadly use of force by police.

But in recent years the company has come under scrutiny for a rash of deaths at the hands of officers deploying Tasers, sometimes operated in multiples. Taser worries that having its weapons declared killers would likely damage its sales.

The case, in which Sewell reserved judgment, hangs on different interpretations of whether Braidwood's study commission is subject to judicial review.

Jones argued that the first commission is not subject to the Judicial Review Procedure Act. In a strongly worded argument, he said Taser is seeking to confuse Braidwood's study commission with the second hearing he conducted into the death of Dziekanski.

The differences between those two commissions is substantive, Jones argued, because in the first one Braidwood did not have the power to find fault or to hear submissions under oath. For that reason it isn't subject to judicial review, he said, noting that Braidwood made no findings of fault and did not hear witnesses under oath.

He also noted that just because Braidwood didn't list Taser's documents in the report doesn't mean he didn't consider them. The list was not exhaustive and did not contain every document submitted by everyone, he said.

Taser's lawyer David Neave said the company was denied a right to "procedural fairness" by Braidwood.

"There was a high degree of procedural fairness owed to Taser in the circumstances," he told Sewell. "There's simply no doubt this commission is exclusively focused on my client and the safety and efficacy of the Taser."

He said Taser International president Tom Smith's written offer to provide assistance to the commission went unanswered. Eventually Vertlieb wrote asking for copies of studies and information. Smith made a presentation to Braidwood at a public forum.

But Neave said Braidwood never informed Taser that he might issue findings in the study commission that might adversely affect the company.

"He had a duty to hear what Taser might say about findings he was going to make," Neave said.

Braidwood, Vertlieb and Chambers "were very alive" to the reputational damage that might be done to Taser if adverse findings were made, Neave said.

Braidwood made at least half a dozen references in his report to his belief that conductedenergy weapons could in some cases lead to death or severe injury, and yet the commissioner "gave no notice and no opportunity" to Taser to respond, Neave said.

He said the actions of Vertlieb and Chambers "led the commission into error."

Jones said Taser's arguments are "offensive and abusive" and that if it is successful it would undermine how governments make regulations.

He cited Health Canada's regulations around second-hand smoke. "Could the tobacco companies who disagree with the government about the risks of second-hand smoke really have the right [to dictate government policy] with respect to Health Canada studies?" he asked. If that were so, courts would endlessly deal with applications from companies that disagree with government rules.

He said the Taser also can't cite one case in North America where it has the right to tell governments how to use its weapons. As an example, governments have the right to buy battleships but the manufacturers don't have the right to tell them how to use them, he said.

Taser International challenge should be dismissed, B.C. government argues

April 12, 2010
The Canadian Press/Globe and Mail

The company that manufactures Tasers has no more right to dictate regulations for their use than cigarette makers do over second-hand smoke regulations, says the B.C. government.

But Craig Jones, a lawyer for the province, told a B.C. Supreme Court justice Monday that if the company is successful with its application to quash the findings of a public inquiry, it would be akin to giving Taser International that power.

The province is asking the court to toss Taser's court action against a report prompted by the death of Robert Dziekanski at Vancouver's airport.

The report released last year after the first phase of the inquiry by former judge Thomas Braidwood found that shock weapons pose a risk of serious injury or death.

It set out recommendations for their use and cautioned against multiple stuns. Both the B.C. Solicitor General and the RCMP endorsed the recommendations.

But the Arizona-based weapons manufacturer alleges bias and even dishonesty on the part of some witnesses led to that conclusion.

Mr. Jones told Justice Robert Sewell that under the law, the commissioner was not allowed to make findings of misconduct in that first phase of what is a two-phase inquiry. The first phase looked at Taser use in general by law enforcement agencies in British Columbia, while the second examined Dziekanski October 2007 death specifically.

Because the commissioner did not make any finding of misconduct, the manufacturer has no right to the court action, he said.

“Taser's assertion of harm to its reputation remains without any evidence whatsoever,” Mr. Jones said.

Mr. Jones said the company's main complaint is that it disagrees with the findings.

“It continues to dispute that there is a risk — however small — associated with Taser use,” he said.

Mr. Dziekanski died in October 2007, during a confrontation with RCMP.

Police had been summoned after an agitated Mr. Dziekanski began throwing furniture around, and within seconds of the four officers' arrival, he had been jolted several times with a Taser.

The would-be migrant from Poland died on the floor of the airport.

David Neave, the lawyer for Taser, said the commission findings clearly affect the reputation and commercial interests of Taser. The company had the right to reply before the findings were released but was not given the chance, he said. “There was a high degree of procedural fairness owed to Taser in the circumstances,” Mr. Neave told the court. “There's simply no doubt this commission is exclusively focused on my client and the safety and efficacy of the Taser.”

Taser CEO Rick Smith did testify in front of the commission but the company was given no opportunity to react to the report's findings. “The right to procedural fairness was breached,” Mr. Neave said.

But the province said a successful court challenge by Taser would undermine the regulations the government routinely puts in place on product use, citing Health Canada regulations to limit second-hand smoke in the work place.

“Could the tobacco companies who disagree with the government about the risks of second-hand smoke really have the right of (a stay) with respect to Health Canada studies?” Mr. Jones asked.

He said there would be no end to court applications by manufacturers if that were allowed.

He called Taser's application to have the findings quashed both “offensive and abusive.”

The company's allegation of dishonesty focuses on Dr. Keith Chambers, a physician who helped the commissioner interpret much of the medical information submitted as evidence. Chambers' lawyer, John Hunter, told the court that the company's application is “pure intimidation” and an attempt by Taser to silence to anyone willing to stand up to them.

Taser has a history of aggressive legal action in defending its products and last year boasted that it had won it's 100th dismissal of a liability lawsuit.

The report from the second phase of the inquiry hasn't been released, but is expected to be out by this summer.

British Columbia government wants Taser legal challenge of inquiry results tossed

April 11, 2010
By James Keller, The Canadian Press

VANCOUVER, B.C. — Taser International's fight to quash a public inquiry report that concluded the controversial weapons can kill lands in a Vancouver courtroom on Monday.

The British Columbia government will ask the court to toss the weapon manufacturer's legal challenge of the findings from commissioner Thomas Braidwood's report from the first phase of a public inquiry prompted by the death of Robert Dziekanski at Vancouver's airport.

The 550-page report released last year found that a jolt from a Taser could be fatal, and the weapons' use should be restricted.

Arizona-based Taser, which has a long history of litigation against any suggestion the stun guns are unsafe, responded with a blistering legal challenge alleging bias on the part of Braidwood, the inquiry's lead lawyer and a medical expert involved with the proceedings.

The province has now filed its own equally biting reply, calling Taser's petition "offensive and abusive."

"The only evidence of any bias is that the petitioner (Taser) says the conclusion is wrong," the province said in a document filed with the B.C. court.

"That is, the petitioner believes that the case that the Taser is harmless is so overwhelming that the commissioner's contrary findings themselves give rise 'to a reasonable apprehension of bias.' This is an extraordinary attempt to use judicial review to conduct a collateral attack."

Monday's hearing will deal with the government's motion to dismiss the legal challenge.

The B.C. government ordered a two-part public inquiry after Dziekanski's death in October 2007.

RCMP were summoned after the would-be immigrant became agitated and began throwing furniture in the arrivals area of the airport. He was confronted by four officers and stunned multiple times with a Taser.

The first phase of the inquiry was held in 2008, when Braidwood examined Taser use in general by law enforcement agencies in British Columbia.

While his report from that phase raised concerns about Tasers and recommended changes to how they're used, Braidwood also said they are a necessary tool for police.

The commissioner then undertook months of hearings last year examining Dziekanski's death specifically, and a final report from that phase is expected to be made public by the summer.

Last August, Taser filed a petition with the B.C. Supreme Court asking that Braidwood's first report be thrown out and that he be prevented from using any of his findings - which include that Tasers can kill - in his report into Dziekanski's death.

The petition alleged Braidwood made conclusions that weren't supported by the evidence, and that Taser was denied the right to fully participate.

"Was the process by which that conclusion was reached a fair one? We say it was not," Taser's lawyer, David Neave, said in an interview.

"The company is concerned that the principles of fairness were not followed."

The B.C. government contends Taser had no legal right to participate, but was nonetheless given "extraordinary" involvement as a courtesy.

Furthermore, the province argues Braidwood's report can't be subject to judicial review because the first phase of the inquiry was a "study commission" the role of which was to make policy recommendations to the government, not to determine facts or assign blame.

"Taser was afforded every opportunity to make submissions to the study commission," the province's said in a court filings for the pending case.

"What Taser cannot do is control the way the submissions are weighted and assessed."

It's not clear how much difference the case will make to how the weapons are used in Canada, regardless of whether the report's conclusions are thrown out or allowed to stand.

The RCMP has already significantly restricted its policies on how the weapons should be used, and the B.C. government has adopted all of Braidwood's recommendations.

But Taser has a long history of aggressively defending its weapons in court.

Last year, the company sent out a news release boasting it had successfully won its 100th dismissal of a liability lawsuit, however, the company cannot claim a perfect legal record. In 2008 a California jury ruled the weapon was at least partially responsible for the death of a man who died in police custody.

The company is quick to contact media organizations about stories on deaths that may be linked to use of their weapons, and when a state medical examiner in Ohio ruled that three men's deaths were in part caused by the effects of Tasers, the company sued.

Taser eventually won, and in May 2008 a judge ordered the medical examiner to delete any references in the autopsy findings that suggested the stun guns were to blame.

Oregon man dies after he is tasered multiple times

Daniel Joseph Barga, 24, Cornelius, Oregon

Oregon Group Gathers Signatures for Taser Restrictions

April 10, 2010
By Stacia Kalinoski, kezi.com

EUGENE, Ore.--Outrage over E-P-D's use of taser guns has spurred one man to try and change the policy.

Randy Prince wants a city ordinance that classifies tasers as deadly weapons. He brought the idea before the public at the Saturday Market, recruiting others to help him gather signatures. He's hoping to find enough names to put the proposal on the November ballot.

Though no one has died from being stunned by EPD, Prince says it has happened elsewhere, and therefore says it makes sense to place it under the same restrictions as a firearm.

He wants to limit taser use to the very serious cases, and says an ordinance will help decrease potential abuse of the weapon by officers.

"We think by carrying this petition that it's not enough to advise the police chief through some city council committees.

We want the principal established that people shouldn't be killed over lesser offenses, and the problem is, is that the taser does kill," he said.

Prince needs more than 12,000 registered Eugene voters in the next three months to get this on the November ballot.

Saturday, he recruited nearly 20 others to help him, and he plans to hit the campus area hard the next few weeks to gather signatures.

Prince said this measure could also regulate civilian use. While not putting a ban on tasers, he said new rules could change how residents use tasers for self defense.

Poland's commissioner for civil-rights protection dies in crash of Poland's presidential plane

We extend our sincerest condolences to the people of Poland - we are very sorry for your loss.

One victim of the crash of Poland`s presidential plane was, according to the Associate Press, Dr. Janusz Kochanowski, Poland`s top civil-rights watchdog who, at the Braidwood Inquiry, said a crucial e-mail dissected at the inquiry suggested the death of Polish immigrant Robert Dziekanski was “deliberate, intentional and planned in advance.”

Dr. Kochanowski was awaiting the final Braidwood report before determining whether opportunities existed to launch a Polish-based prosecution of the officers involved in Mr. Dziekanski`s death at the Vancouver airport.

While Poland`s Ambassador in Canada, Mr. Piotr Ogrodzinski, said that was not necessarily his government`s position, he noted that Dr. Kochanowski was an “independent agent in our system” with the latitude to do what he wants for the protection of civil rights “where they are in jeopardy.”

The taser as FOREPLAY

According to Taser International, tasers SAVE LIVES every day!

Last night in New Orleans: Man Tasered, then Fatally Shot - NOPD said when officers entered the room they gave orders to Harris to disarm himself but he refused to comply and came towards them. Officers said they then employed their Tasers on Harris, but he did not flinch. A third officer opened fire with his service weapon, hitting the man in the chest and leg. Man Tasered, then Fatally Shot

Yesterday in Orlando: Deputy Shoots, Kills Homeless Man - The deputy fired his Taser at King, but missed ... Once [the deputy] reached the suspect, he pulled out the knife on the officer leaving him no option but to shoot him. Deputy Shoots, Kills Homeless Man

Colorado deputy suspended for using Taser on students

One week WITH PAY???

Here's your precedent, Sheriff Holte: "3 fired, 2 resign after Florida prisons shock kids - May 15, 2009 - By JESSICA GRESKO, Associated Press - MIAMI (AP) — Demonstrations at three Florida prisons where more than 40 children were shocked with stun guns have led to the dismissal of three employees and the resignation of two others, the Department of Corrections said ..."

April 9, 2010
By The Associated Press

LEADVILLE — A Lake County sheriff’s deputy who attended a job fair has been suspended for using a stun gun on 30 high school students who said they wanted to know what it felt like.

Sheriff Ed Holte says Deputy John Ortega has been suspended for one week with pay for Thursday’s demonstration. Ortega has been a deputy since August 2008.

Tasers administer a nonlethal electric shock and is used by law enforcement to help subdue suspects.

Officials say Ortega some students suffered burns of varying degrees when the Taser was applied to their legs. At least one student was treated at a hospital.

Authorities are considering whether to file criminal charges.

Taser backer persists

April 9, 2010
By Edward Russo, The Register-Guard

Eugene attorney Jeff Salisbury understands why some residents want to curtail police use of Tasers. The electric stun guns are “powerful and painful,” he said.

But Salisbury, who played an influential role in Eugene’s decision to equip the city’s police with Tasers, disagrees with a possible ballot proposal to restrict the weapons’ use by officers.

Proponents are organizing a petition drive to ask Eugene voters to pass an ordinance classifying Tasers as deadly weapons, the same as firearms.

The signature-gathering drive for the petition could start Saturday in downtown. Proponents will need to gather 12,062 signatures of Eugene voters by July 15 to place the proposal on the Nov. 2 ballot.

Since Eugene police began carrying Tasers two years ago, officers frequently have used the stun guns, which have replaced pepper spray as the weapon of choice by officers when confronting resistant people. If successful, the ballot measure could prompt police to curb or even eliminate their Taser use.

Salisbury said the ballot measure doesn’t make sense.

“Tasers are not lethal; they are a non-lethal alternative to deadly force,” he said. The ordinance “would stand truth and logic on its head.”

Salisbury’s role in Eugene’s Taser debate came about through tragic circumstances.

His 19-year old, Ryan, had struggled with bipolar disorder for more than a year and had attempted suicide before the early morning of Nov. 14, 2006, when he suffered a psychotic break and lost control.

Jeff and Denise Salisbury had called police for help while they were barricaded inside a bedroom at their south hills home with their two younger sons and another child.

After police arrived, Ryan Salisbury walked toward officers with a kitchen knife in his hand, ignoring their orders to stop. He wasn’t halted by several hits from beanbag rounds. An officer then shot him five times as his parents watched from a bedroom window.

Afterward, Jeff and Denise Salisbury and others urged the police department to equip officers with Tasers so they would have an alternative to shooting someone in similar life-and-death situations.

The police department agreed. Since 40 officers started carrying them in 2008, the stun guns have been used mostly without controversy to subdue and control people that officers believe could injure other people, officers or themselves.

But two high-profile incidents involving the same officer focused public attention on the weapons and prompted the likely petition drive by south Eugene resident Randy Prince.

The proposed ordinance would allow police to use Tasers only in situations where firearms, or deadly force, would be justified.

A police officer, therefore, could use a Taser when dealing with a mentally troubled person who posed a deadly threat, as Ryan Salisbury did, Prince said.

“A Tasering would have been much more effective and could have been used in that situation, where a team of officers was dispatched to deal with a mentally ill, knife-wielding subject,” he said.

But people have died in other cities after being stunned by Tasers, Prince said, so it’s reasonable to put the weapons under the same deadly force rules as firearms.

Under Eugene Police Department rules, officers use Tasers to get people to comply with officers’ orders, Prince said. That creates the chance for officers to abuse the weapons and use them on people who shouldn’t be shocked, he said.

But Salisbury said the classification of Tasers as deadly weapons would hamstring police.

He’s concerned that police officials would take Tasers away from officers if the weapons had to be operated like firearms, eliminating them as an option.

On the other hand, if police are allowed to keep Tasers but only are permitted to use them in life-and-death situations, officers “may opt for the gun instead of the Taser since both are classified as deadly,” Salisbury said. “So why not use the gun anyway?”

“Having the Taser keep its non-lethal status will make it easier and more clear to the officers that they should try to use it before resorting to their .45 (caliber pistol), a truly lethal weapon,” he said.

Salisbury does, however, favor changing how the city disciplines officers who violate the department’s Taser rules. Under department policy, the police chief decides if an officer has violated the rules, and the chief imposes discipline.

Instead of the petition drive to restrict the use of Tasers, Salisbury said, concerned citizens should ask city officials to institute “clear and well-defined sanctions” for officers who violate Taser guidelines. And instead of the police chief handling discipline, the task should be given to a “quasi-independent authority comprised of police and nonpolice representatives,” Salisbury said.

Officer Suspended After Shocking Handcuffed Man, Taser Malfunction

Thursday, April 8, 2010

COLUMBUS, Ohio — A Columbus Division of Police officer was in trouble on Thursday, accused of shocking a handcuffed man with a Taser.

An investigation revealed that the Taser malfunctioned and the shock lasted about four times longer than it should have, 10TV's Maureen Kocot reported.

In May of 2008, police officers responded to a call from witnesses complaining about an intoxicated man who was yelling and threatening to kill himself with a knife.

Police handcuffed the man and put him in the back of a cruiser, but surveillance video from inside the cruiser shows he continued to be uncooperative and belligerent, Kocot reported.

Officers repeatedly ordered the man to stop banging his head on the window and kicking the door.

The officer warned the prisoner if he continued, he will be shocked with a Taser, but the man continued to kick the door and yell, demanding to talk to the officer's captain.

The man was shocked with a Taser, but the blast lasted 22 seconds. It was supposed to last about five seconds, Kocot reported.

The officer told investigators the Taser was flashing random numbers, an indication the weapon was rebooting.

Experts said if a Taser is deployed when it starts to reboot, it keeps sparking or shocking, Kocot reported.

"We have not had any repeat type of incident out of it since," said Columbus Police Sgt. Brian Bruce. "It's just a one time thing."

Investigators discovered a faulty gasket caused the Taser to reboot. Since the incident, police replaced the gaskets in 315 Tasers, and said the malfunction remains an isolated incident, Kocot reported.

The division has trained officers on how to recognize if a Taser malfunctions and what to do if it happens again.

The officer involved in the incident received a 30-day suspension for Tasing a handcuffed prisoner, but he is appealing that decision.

Deputy uses Taser on 30 students, apparently at their request

April 9, 2010
By Mike McPhee, The Denver Post

A Lake County sheriff's deputy used a Taser on about 30 high school students Thursday morning during a career fair on the playground of Lake County High School in Leadville.

The Taser — a nonlethal weapon that administers an electric shock — was applied to the students' legs, and some suffered burns of varying degrees. At least one student was treated for burns at the St. Vincent General Hospital emergency room in Leadville.

The hospital refused to comment on the number of students treated or the severity of the injuries.

Deputy John Ortega, who has been with the department since August 2008, was immediately suspended for one week without pay, Sheriff Ed Holte said.

District Attorney Mark Hurlbert dispatched investigators to the school to determine whether criminal charges should be filed.

School principal Cathy Beck said the students were offered the chance to be Tasered.

"We (the administration) had no idea this was going on," Beck said. "This is very unfortunate. I'm sorry the sheriff's office thought that it was appropriate. We don't think it was appropriate."

The school, which has about 300 students in grades 9-12, sent a letter home with each student asking parents to check their children and report if any had been Tasered, and to seek treatment if they had.

Beck said she has the names of 30 students who were Tasered. "I'm hoping it's not more," she said. "I'm not sure where we're going with this. We're leaving it up to the district attorney's office."

Holte said students asked Ortega whether he would use the Taser on them, but he declined. But then the students told Ortega they were willing to sign release forms and Ortega "foolishly agreed," Holte said. The video on Ortega's Taser showed 19 students being stunned.

Holte said Ortega used a "drive-stun technique" on the students.

Tasers normally fire two small darts attached to thin wires anchored to the gun. As the darts penetrate the skin, a powerful electric shock is emitted. Holte said the drive-stun technique eliminates the wires and projectiles, allowing the gun to operate like a stun gun. When the gun is touched to a person's skin, a painful shock is felt, he said.

"It gives a pain reflex for about a second. People can move after being shocked," Holte said. "Once you feel it, you certainly don't want it to happen again."

He added that the drive-stun technique is typically used at close range to subdue a suspect.

Both principal Beck and town spokeswoman Betty Benson said they were unaware of any release forms signed by the students. Benson said nothing of the sort was turned over to DA's investigators.

Leadville Mayor Bud Elliott, who has been at odds with Holte over how emergency services should be handled in the mountain and mining community, said, "This is just another incident that shows our sheriff doesn't have the necessary leadership or management skills to run the department."

"This behavior jeopardizes the safety and welfare of the community," Elliott said.

Niagara police association OK with possible plan for Taser cams

April 7, 2010
RAHUL GUPTA, ST. CATHARINE'S STANDARD

The head of the Niagara police association says his membership is willing to adjust to proposed legislation requiring the recording of Taser useage if it means more officers get to carry the electro-shock weapons.

Paul Di Simoni of the Niagara Region Police Association said he hopes the plan under consideration by the provincial government would mean greater access to Tasers for frontline officers in the region.

Currently, only experienced officers can use the weapons.

"I hope legislators get on the same page as the association and implement standard use of Tasers," said Di Simoni from the NRPA's office in Welland.

"It's a better, less lethal option for officers to employ."

Under the plan, any Ontario police officer who fires a Taser in the course of duty would automatically activate a small camera, or Taser cam, that can be attached to the base of the weapon's handle.

Up to 90 minutes of tamper-proof footage could then be downloaded and used as evidence.

"Is there value to documenting Taser use? I suppose," he said.

"It's a relatively new technology."

While Di Simoni said he supported the province's recently introduced training and usage guidelines for Tasers, he worried a camera would only capture one aspect of an altercation between police and a suspect.

"It's a snapshot in time," he said. "One has to look at the totality of events."

Di Simoni said he was concerned that footage obtained from a Taser Cam would lead to premature censure of Niagara police officers.

"Officers may fall into a situation where they're being criticized without all background information," he said. "The camera captures only the deployment of the Taser and nothing else."

While Taser Cams aren't used in Niagara, Ottawa police have employed them since last year, said an officer who has provided extensive training in the use of the weapons.

Sergeant Mark Barclay of the Ottawa Police Service said all 32 members of the Tactical Unit are currently using the cameras.

Barclay said the response to Taser Cams among officers with the unit has been largely positive, although there have been instances when the camera's lens has been accidentally obscured by officers used to handling guns.

"We're trained to use a two-handed grip when it comes to firearms," said Barclay from Ottawa police headquarters. "So some officers go back to what they know in moments of extreme stress, which can block the lens."

Another problem with the Taser Cams, according to Barclay, is the fixed position of the device.

"To sometimes get a good camera shot, you've got to point the Taser right at the person, which isn't always possible," he said.

Barclay said the camera's video output can often be shaky or blurry, depending on the circumstances, although a microphone can still capture available sounds.

"It's better than nothing."

Ministry of Community Safety and Correctional Services spokesman Anthony Brown said any decision to legislate Taser Cams would be made in consultation with provincial law enforcement agencies.

Niagara Regional Police declined to comment on the issue of Taser Cams.

Taser International announced Tuesday that 2,680 Taser Cams were shipped for use in law enforcement in 2010.

Taser National Memorial in memory of Michael Jacobs Jr., Fort Worth, Texas

Thank you to Marcus Hardin of Fort Worth, Texas for the awesome photos and the following guestbook message:

We have built a National Memorial in Ft Worth Texas for the 473 victims who were tortured and died after being electrocuted with a taser. They are each represented by 473 white crosses laid out in military burial style. The main sign says Taser / Torture / Death / NATIONAL MEMORIAL / All races and Religions.

A name list is on the back of the main sign. This Memorial was built by 73 year old Pastor Tom Franklin who said "I just couldn't sit by while people were being tortured with the cruel and unusual punishment of having 50,000 volt wires shot one half inch under the skin. He also said "maybe I can't prove that a taser killed all of the people represented here but I can prove beyond a shadow of a doubt that they were tortured. He said "I can't imagine a more cruel and unusual punishment than having a taser barb in the neck and chest and being electrocuted for fifty four screaming agonizing seconds."

That is what happened to Michael Patrick Jacobs Junior here in Ft Worth, Tx. and is what gave Reverend Franklin the idea to construct the memorial for all taser victims in Michael Jacobs's name.

Two California officers indicted by a grand jury for tasering handcuffed inmates

April 6, 2010
By JOHN ASBURY, The Press-Enterprise

Two Desert Hot Springs police officers were federally indicted today on charges that they used a Taser on inmates who were handcuffed.

Desert Hot Springs Sgt. Anthony Sclafani, 40, and former Officer David Raymond Henderson, 51, are scheduled to appear in Los Angeles federal court after being indicted by a grand jury, according to the U.S. attorney's office following an FBI investigation

Sclafani is charged with two counts of deprivation of rights under the color of law on charges that he used a x26 Taser to stun suspects twice in February 2005.

In one case, a man was stunned while handcuffed, court documents allege.

In a second incident, a woman was doused with pepper spray and Tasered after being taken into custody, according to court documents.

Henderson is charged with using a Taser on a handcuffed suspect in 2004.

Each charge carries a sentence of up to 10 years in federal prison.

Letter to the editor - RCMP actions bring shame upon Canada

A letter to the editor in today's Kingston Whig-Standard:

So, the RCMP has reached a settlement with the mother of Robert Dziekanski, who was fatally assaulted with a Taser in the Vancouver airport for not responding to the commands shouted at him, in a language he didn't understand, during a volatile situation. Both sides have expressed themselves as being satisfied with the financially unspecified settlement, which also included an apology. I am glad that she has finally received some acknowledgement of their horrifying failure in judgment, which took her son from her.


But I am not satisfied, nor should any Canadian citizen be satisfied. Before this is a closed book, I would like the RCMP to apologize to me and to every other Canadian citizen for this terrible act.

As our national police force, and the very symbol of Canada the world over (think back to the opening and closing ceremonies for the Olympics) they have brought shame upon our nation.

Their actions were so far from reasonable or useful or appropriate that it is hard to imagine how they could have made it worse. I am ashamed of them, and embarrassed that this is something that others in the world might find representative of our country. That is not my Canada. The only way that the RCMP could possibly recover my respect is to own up, talk about what they did wrong, and how they are going to improve things for future encounters, and apologize to the Canadian people.

When we do something wrong to our neighbours, whether on purpose or accidentally, it behooves us to apologize, to try to make amends, to let the other person(s) know that we regret what we did, and that we intend to do better next time. That is what the Canadian people need from the RCMP.

EDITORIAL: Public should know full extent of Dziekanski payout

April 6, 2010
Vancouver Sun

Zofia Cisowski suffered a terrible loss when her son, Robert Dziekanski, was Tasered by RCMP officers at the Vancouver airport in 2007.

Her grief was compounded by suggestions from the RCMP and lawyers representing individual officers that her son was responsible for his own death.

Fortunately, the incident was filmed by a witness. The public release of that now famous video set an entirely different context for the story that emerged in the following weeks and created irresistible pressure to call a public inquiry into his death.

What we have learned so far is that Dziekanski should not have died at the airport that night. He was misunderstood and mistreated.

Part of the fallout from all of this is new guidelines for the use of Tasers and the recent commitment from the RCMP to no longer investigate itself in the case of serious injuries or deaths of suspects.

These changes should lead to better policing in Canada, but will not bring back Cisowski's son or compensate her -- as much as anyone can be compensated for losing a son -- for her loss.

The people most responsible for Dziekanski's death worked for us. They serve the public and they are paid by taxpayers.

So it is fair and just that taxpayers will pay the cost of the settlement announced last week in Cisowski's suit against the RCMP, the four officers involved, the Canada Border Services Agency and the Vancouver Airport Authority. Our agents were responsible for her grief so we are ultimately responsible for the financial consequences of their actions.

We are glad to see that a settlement was reached without the need for a costly trial, which could have increased the costs to taxpayers and dragged out the ordeal for Cisowski.

Unfortunately, one of the terms of the out-of-court settlement is now an infringement to the right of taxpayers to know how their money is being spent and an impediment to our ability to hold our officials accountable for their actions.

All we have been told about the settlement is that it includes $20,000 to start a scholarship in Dziekanski's name at Thompson Rivers University in Kamloops and a commitment from the RCMP to participate in independent research on Tasers.

Confidentiality provisions are often part of out-of-court settlements. Companies being sued may be concerned about admitting liability or encouraging subsequent lawsuits. Plaintiffs agree to keep the terms confidential because of the compensating benefit of not having to face the risks and costs of a trial.

There may be similar concerns when the defendant in a lawsuit is a public corporation, a government agency or a municipal, provincial or federal government. But when the defendant in a lawsuit represents the public, we have a stake in both sides of the dispute.

We have to be concerned not just with winning but with ensuring that our fellow citizens are being treated fairly.

So we need to know what the settlement includes, in part so we can see how much our agents have cost us with their behaviour, but also so we can satisfy ourselves that the settlement is just.

In this case, news reports suggest that Cisowski asked for the confidentiality clause.

We naturally sympathize with her desire for privacy given all that she has been through. However, she chose to sue in a judicial process that is inherently public.

So the public interest is best served by airing all of the issues raised, including the financial terms of the settlement.

Indiana: 2 Officers Without Pay After Boy Hit With Taser

April 5, 2010
The Indy Channel

Two Martinsville police officers accused of using a stun gun on a 10-year-old boy have now been suspended without pay.

Capt. William Jennings and Officer Darren Johnson had been on administrative leave following last week's incident at a home day care.

Martinsville Police Chief Jon Davis said Jennings slapped the 94-pound boy in the face and that Johnson used a handheld stun gun to shock the boy on the upper arm.

Officials said that Jennings, a 36-year veteran of the force, left the slapping incident out of his police report but that Johnson, who has been with the department for three years, included both the slapping information and the stun gun incident in his report.

Mayor Phil Dekkard told 6News' Ericka Flye on Monday that there is sufficient evidence to show that the officers violated department policy.

A closed-door meeting will be held on Wednesday to discuss further discipline, which could include dismissal, suspension or a demotion of rank, Dekkard said.

Both officers have been disciplined in the past for other incidents.

Taser cams? Ontario hasn't ruled out outfitting stun guns with video cameras

April 5, 2010
By Romina Maurino, Canadian Press

TORONTO — Tasers with cameras attached to them that produce video evidence when the controversial weapons are used on people is an option Ontario is considering, the provincial government says.

While Community Safety Minister Rick Bartolucci hasn't committed to the move, he said he hasn't ruled it out as part of ongoing discussions about how to best use Tasers.

"No decision has been made, but there is some dialogue with regards to that particular device being attached to the weapon," said Bartolucci, who last week promised tighter rules and standard training for Taser use.

"We're looking at it."

The RCMP is already testing two kinds of cameras that record Taser firings, in Kelowna, B.C., and Moncton, N.B., while Ottawa police have also tested the cameras.

Larry Molyneaux, president of the Police Association of Ontario, said he sees little use for the cameras currently on the market because they provide a limited view of an incident.

"The difficulty is that it only shows you the immediate threat - it doesn't show you what leads up to that, it doesn't show you what occurs after," Molyneaux said.

"You really don't get the whole picture, because a lot of it has to do with what leads up to the incident."

Emile Therien, past president of the Canada Safety Council, said any consideration of the cameras is a small step - and one likely brought on by public pressure after the death of Robert Dziekanski in 2007. Dziekanski died after he was Tasered by four Mounties at Vancouver International Airport in a confrontation that was recorded by a bystander.

That video contradicted some of the statements made by the officers and led to several inquiries, including a two-part probe by retired judge Thomas Braidwood. His final report is due in a few weeks.

Last week, Dziekanski's mother received an apology from the RCMP, as well as a financial settlement.

Therien said he doubts Braidwood will recommend cameras, adding that what's really needed is a national standard.

"What it comes down to is well-trained people, (and) limiting the use of Tasers to those who are well trained," said Therien.

The RCMP, he added, has to make sure there are Canada-wide standards and controls in place, and that they are being followed - especially given the fact that one in 20 of the devices have been acknowledged to fail.

"It's the only electrical product sold in the western world that doesn't have a standard," Therien said.

NDP justice critic Peter Kormos called the incorporation of video cameras into Tasers "naive to the point of being silly."

"This is Star Wars sort of stuff - we all know the quality of the image that you get," Kormos said.

"All this does is underscore the fact that the science around Tasers is far from complete, far from thorough."

Civil liberties groups have also questioned what will happen to the video and audio after they are recorded, and said there should be protocols to ensure the digital recordings cannot be tampered with and are readily made available to police watchdogs.

While the devices would provide more evidence in cases where a person dies after being Tasered, Therien added, the cameras would also amount to an intrusion into a police officer's workplace.

They could make police hesitant to use the weapons - even in situations when they are clearly the better choice.

Of the cameras being tested by the RCMP one is called Taser Cam and is attached to the stun gun. The other, called VIDMIC, attaches to the officer's belt radio. The results from those trials will be analyzed to determine whether one or both of the devices are used more widely by the RCMP.

Both federal and provincial governments have been working on national standards for Taser use, but Ontario moved ahead with its own plan last week.

Ontario has promised tighter rules around the use of stun guns by police, including against pregnant women and children, and promised to amend provincial guidelines to include rules about deployment of the guns as well as standardized training for all users and instructors.

Bartolucci has also said training in Ontario wouldn't be provided by Taser International.

"There are particular needs when it comes to the training, we think that that training should be Ontario-centered, it shouldn't be centered on one particular manufacturer's weapon," he said.

Indiana Police Chief: Use Of Taser On 10-Year-Old Boy Was Unnecessary

April 2, 2010
The Crime Report

Martinsville, In., Police Chief Jon Davis believes two of his officers could have subdued an unruly 10-year-old boy without slapping him and using a department-issued Taser on him, reports the Indianapolis Star. “The officer is quite a bit bigger,” said Davis, who noted the boy weighs 94 pounds. “There are always alternatives to really anything you do.”

Two officers were called to Tender Teddies — a home-based day care — on Tuesday to help control the boy. There is no state law regarding minimum age for being subjected to a stun gun, but that the Taser manufacturer recommends a person weigh at least 60 pounds.

Montreal asks for public's input on Taser use

April 3, 2010
ALANA COATES, The Gazette

The city of Montreal is to hold a public consultation on the use of Tasers by police officers.

Residents and representatives of organizations are urged to express their opinions on the issue at one of two sessions April 27 at city hall.

Last year, city council mandated the city's public security committee to analyze the pros and cons of Tasers, which use an electrical charge to disable targets. The consultations come as part of this inquiry, headed by Verdun borough mayor Claude Trudel.

The committee is to submit a report and recommendations to city council, which can then decide to pass it to Quebec Public Security Minister Jacques Dupuis, city spokesperson Darren Becker said.

Taser use is already highly restricted in Montreal, Becker noted.

"There are only 16 Tasers for police officers in Montreal, and they can be used only in very specific circumstances to apprehend a suspect," he said.

Taser use came under scrutiny in Montreal after the death in 2007 of Quilem Registre, who died two days after being tasered six times by police as they tried to arrest him.

The consultations are set for 1 p.m. and 7 p.m. April 27 at city hall. People who wish sign up in advance to speak can call 514-872-3770.

Commentaries can also be sent to commissions@ville.montreal.qc.ca

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Excited-Delirium blog said...

The problem with seeking input from the general public is that most are apathetic, oblivious, or ignorant. And the law enforcement community are often naive, misled, or even worse... ...fully paid-up members of The Church of Taser.

The problems with tasers are extremely well documented.

1) Tasers are far too often overused, misused and abused.

Solution - gain control of the taser training. The OEM training is defective. It is misleading. It is propaganda. Next add Use of Force training. Highlight that lawful force is a damn noun.

2) Tasers can kill. Directly. Even healthy adults.

Solution - restrict tasers to only those cases where the subject is already, actively, being violent. Not just the old "an aggressive stance" bull sh_t.

3) The manufacturer denies the risk of death and encourages overuse.

Sue them. Sue and sue and sue. Deceptive and misleading advertising that leads to death is pretty serious.

The problems are well documented. The solutions follow logically. It's not something that needs anything more than information and honesty.

EDITORIAL: The Taser as a last resort

April 3, 2010
Calgary Herald

In addition to offering an apology Thursday for the 2007 Tasering death of Robert Dziekanski, the RCMP came out with changes to its Taser-use policy. It took the deaths of at least 20 Canadians including Dziekanski, as well as two federal reports, for the RCMP to finally bring in more stringent rules for Taser use.

Promoted as a less lethal alternative to the gun when introduced in 2003, Tasers were quick to be deployed. In June 2008, Paul Kennedy, the head of the RCMP watchdog agency, criticized the RCMP for failing to manage the use of Tasers and allowing their use to increase, echoing sentiments expressed by a House of Commons committee.

The policy announced Thursday restricts the use of Tasers to incidents of officer or public safety. That this even had to be spelled out in policy is an admission that the RCMP too freely used the device to subdue people. Within 30 seconds of an agitated and unarmed Dziekanski being confronted by four officers at the Vancouver airport, he was Tasered five times and was dead within minutes, of cardiac arrest.

Patti Gillman, whose brother, Robert Bagnell, died in 2004 after being Tasered twice by police in Vancouver, likens the use of Tasers to Russian roulette, saying police have no idea what the outcome of their use may be.

The public wants police officers to be safe and respects the pressures and quick decisions they face. But forgotten seems to be the use of pepper spray, negotiation or the physical ability of four Mounties to subdue a bewildered and upset Polish immigrant who spoke no English.

Factbox: Taser policy timeline

April 1, 2010
Kirsten Smith, Canwest News Service

Robert Dziekanski's death in 2007 prompted an international outcry, and raised questions about the use of Tasers by Canadian law-enforcement officers.

These are some of the changes to Taser policy that have been made across the country since his death.

- June 2008

The Commission for Public Complaints Against the RCMP recommends tighter controls on the use of Taser.

A Parliamentary committee recommends that the RCMP restrict the circumstances in which Tasers are used, that the high-voltage devices be used less and that multiple firings also be restricted.

- July 2008

The Saskatchewan Police Commission reverses an earlier decision and no longer supports the idea that all police be equipped with a Taser.

Nova Scotia acts on recommendations from a ministerial review and restricts the circumstances in which Tasers can be used to cases of aggressive resistance or threats to a police officer.

- February 2009

The Canadian Police Association and Canadian Association of Chiefs of Police both recommend that all police officers be issued Tasers.

The RCMP tighten the guidelines on Taser use, now requiring that an immediate threat to an officer or the public exist before the weapon is deployed. Changes to training focus on multiple use of the device and the impact on acutely agitated individuals.

- July 2009

Alberta enacts new guidelines that require ongoing testing of the devices, and a use-of-force reporting system.

- July 2009

British Columbia issues new guidelines in response to the Braidwood inquiry's Phase 1 report. Police should only use the Taser when bodily harm is threatened, when lesser force has proved ineffective or during the enforcement of a federal criminal law.

- October 2009

Taser International sends a directive recommending the Taser not be aimed directly at the chest.

- March 2010

Ontario announces new guidelines for all police in the province beginning in a few months. Police should refrain from Tasering the elderly and should not aim for the head, throat or genitals, the guidelines say.

RCMP tarnished by Dziekanski case: expert

April 2, 2010
CBC

It's going to take more than money and an apology to redeem the RCMP's image following the Robert Dziekanski case, some critics say.

The announcement of a financial settlement and a formal apology from the RCMP was welcomed Thursday by Sofia Cisowski, the mother of Dziekanski, the Polish immigrant who died at Vancouver airport in 2007 after being confronted by four officers and stunned several times with a Taser.

"I really seriously doubt the majority … are convinced that this in any way compensates for what happened in the Dziekanski matter," Rob Gordon, a criminologist at Simon Fraser University, told CBC News.

The officers repeatedly used a Taser to subdue 40-year-old Dziekanski and then pinned him down for several minutes just before he died. A months-long judicial inquiry headed by Justice Robert Braidwood focused on questions of excessive use of force in dealing with Dziekanski. Braidwood's findings have not yet been made public.

"If they had [apologized] within weeks of the event — and I think there was ample opportunity for them to do that — it would have carried much more weight," said Gordon.

"Instead, they've dragged the Dziekanski family and indeed the province through 2½ years of investigation and inquiry before they finally fess up."

Potential for taxpayer resentment
The financial cost for the settlement to Dziekanski's mother, the Braidwood Inquiry, which looked into the officers' conduct, and lawyers' fees for all parties involved is enormous, said civil rights advocate David Eby. But the public relations cost to the RCMP and all policing agencies is also a real public concern.

"There's no way really for police officers to be back in the same position they were … before this story broke," said Eby, executive director of the B.C. Civil Liberties Association.

"I think the RCMP has learned some lessons following … the death of Mr. Dziekanski, but unfortunately they're very expensive lessons, especially in terms of public confidence."

A spokeswoman for another watchdog group said there's also lingering resentment when the justice system leaves the public at large on the financial hook.

"We, as taxpayers, need to know eventually how much we're paying for essentially what's a police coverup," said Maureen Bader of the Canadian Taxpayers Federation. "Otherwise, what incentive is there for this not to happen again?"

EDITORIAL: RCMP apology falls short

April 2, 2010
Edmonton Journal

RCMP Deputy Commissioner Gary Bass offered an apology Thursday to Zofia Cisowski, the mother of Robert Dziekanski.

"On behalf of the RCMP, I want to apologize for our role in the tragic death of your son. Your son arrived from Poland eager to begin a new life here in Canada. We are deeply sorry he did not have that opportunity."

Considering the ramifications of this dark chapter in contemporary Canadian history, it should have been Commissioner William Elliot who made that statement. You have to wonder what pressing matters impelled the leader of the force to download public responsibility to an underling for one of the blackest marks ever chalked up against our national police force. But then, Canadians have become used to being disappointed in an institution that has suffered numerous setbacks in recent years at its own hands.

The apology should have been extended to all Canadians, especially those who have doggedly fought to reveal the truth. Paul Pritchard, who digitally captured Dziekanski and the police on his video camera deserves a special vote of thanks for sterling and indispensable citizen involvement.

On a recent visit to Edmonton, Elliot opined that the Mounties' "transformation strategy" is working. Let's hope whatever that might actually mean includes never again repeating the sorry events of the Dziekanski affair, which has left a man dead and a nation embarrassed internationally. Throughout the 2½ years since the 40-year-old immigrant lost his life after being Tasered five times by RCMP officers, those who have questioned the force have been systematically tarred as little short of unpatriotic. Now we know who was right and who was wrong. In addition to the RCMP mea culpa, letters of apology were also tendered by the B.C. solicitor general and the Canada Border Services Agency, organizations that also bear a degree of responsibility for their respective actions and stonewalling activities.

In tandem with the apology was a civil financial settlement tendered to Ms. Cisowski by the federal government -- which means taxpayers have paid materially for this nonsense. Bass said Thursday that he hopes the apology and money "marks the beginning of the healing process for Mrs. Cisowski, the RCMP and the public. It is critically important that the public has confidence in the police if they are to be able to work collaboratively to ensure public safety. We hope that the steps announced today will work toward this goal."

That's a wish that all of us might share. For her part, Cisowski was nothing short of gracious in her appearance at the same Richmond, B.C., news conference. "There was not a single day I did not cry and analyze what could have been done to avoid this tragedy," she said before losing it to her emotions. The RCMP will contribute $20,000 for a scholarship in Dziekanski's name at Thompson Rivers University in Kamloops -- "my son's legacy," she calls it, adding it will be part of her healing process.

Canadians can take some comfort in affirming that, in the end, the system delivered a measure of justice, if over a long, rocky and less than edifying process. Lives cannot be returned, however, and the true measure of the awful Dziekanski affair will be whether lessons -- from Taser use to personal accountability and professionalism -- will be learned. For many of us, the horrific 11 hours spent by Robert Dziekanski in the Vancouver airport will remain an indelible stain on the good name of Canada for years to come. A man and his family were badly let down, and we won't forget easily, nor should we.

Two years and wads of cash later, the RCMP finally gets it

April 2, 2010
Ian Mulgrew, Vancouver Sun

Zofia Cisowski dabbed away tears, her voice cracked and, with a few heartfelt words, she accepted the RCMP's second mea culpa for its role in the death of her son, Robert Dziekanski.

It was the first good news the Mounties have received since 2007 when images of the 40-year-old Polish immigrant's death agonies flashed around the globe, sparking international outrage.

"This is a more personal apology and makes me feel better," she said, adding that the last two-and-a-half years have been an interminable nightmare.

"I think I will sleep better from today. I have to look forward. I'm not angry now that it's over and I feel much better today."

The undisclosed cash settlement, which may total millions, forestalled a civil suit against the force and others.

"I need to take care of myself," Cisowski told a packed media conference Thursday, Mountie Deputy Commissioner Gary Bass sitting sombrely at her side. "I have to close this chapter [of my life.]"

Moments earlier, the top RCMP officer in the province had turned to her in front of a battery of media cameras and said, "Your son arrived from Poland eager to begin a new life here in Canada. We are deeply sorry he did not have that opportunity."

Disoriented after a lengthy flight and frustrated from 10 hours of fruitlessly trying to find his waiting mother, Dziekanski was Tasered five times by four RCMP officers on Oct. 14, 2007.

He died writhing on the floor of the Vancouver airport's international arrivals area.

B.C. Solicitor-General Kash Heed and the Canada Border Services Agency also provided letters expressing their regret.

Cisowski's lawyer Walter Kosteckyj doubted there would have been a settlement without the incendiary video recording that gave lie to the version of events provided by the officers. He said the amount was secret to protect his client's privacy.

In her brief statement, Cisowski said the joint media conference represented an important step toward restoring public confidence and faith in the national law-enforcement agency.

"It has been two-and-a-half years since my son died at Vancouver airport," she said in halting English. "There was not a single day that I did not cry and analyse what could be done to avoid this tragedy."

Her health collapsed, she said, and she battled insomnia: "I had so much stress, disappointment, now I'd like to take care of me."

The force had apologized before -- RCMP Deputy Commissioner Bill Sweeney offered an initial apology last May at a Senate committee hearing in Ottawa. He said the force was "very sorry" but stopped short of admitting the officers made a mistake dealing with Dziekanski.

At the time, Cisowski was unmoved.

Since then, the public inquiry conducted by former justice Thomas Braidwood, whose final report is to be delivered May 31, has established the four officers mishandled the distraught Dziekanski and sought to cover up their misconduct.

Testimony at the inquiry triggered widespread criticism of the force and its response to the tragedy.

The RCMP sought a deal on the civil suit before Braidwood's final report is delivered unquestionably because he may make findings of wrongdoing. Such conclusions would have given Cisowski a slam-dunk win in the litigation.

Nevertheless, the compensation she has received clearly acted as balm for her wounds since she no longer wants to see the officers criminally charged.

"That doesn't help me at all," she said, adding that she would, however, like to see the four Mounties suffer job consequences.

The force refuses to discuss what will happen; Bass said it will respond when Braidwood's report is released.

The RCMP has made many changes since Dziekanski's death and has supported calls for an independent police watchdog to investigate cases of in-custody deaths or other serious officer-involved incidents.

"We hope that the actions we've taken to date, along with the civil suit settlement announced today, mark the beginning of the healing process for Mrs. Cisowski, the RCMP and the public," Bass said.

"While none of our organization's changes, apologies and civil settlement can bring Robert back, it is our sincere hope that what we've learned from his death will help prevent future tragedies from occurring."

For once, it sounded like the Horsemen get it -- even if it did take two-and-a-half years and a pile of taxpayers' cash.

BC Civil liberties association pans plan to eliminate some coroner's inquestsCivil liberties association pans plan to eliminate some coroner's inques

April 2, 2010
Vancouver Sun

A plan to eliminate mandatory coroner's inquests for some in-custody and police-involved deaths was criticized by the British Columbia Civil Liberties Association Wednesday.

A press release by the association said mandatory inquests ensure some accountability by the police and are especially important given that "public confidence is at a low because of Mr. Dzekanski's death and other high-profile cases."

Robert Dziekanski died in October, 2007 after being hit by a Taser repeatedly by RCMP at the Vancouver airport.

The BCCLA sent a letter to B.C. Solicitor-General Kash Heed, asking that he withdraw the proposed amendment to the Coroners Act that would eliminate the requirement for some in-custody and police-involved inquests. "Government should make inquests full, fair and open proceedings, not shut them down before they get underway," said BCCLA president Robert Holmes in a press release.

The BCCLA would prefer government make changes to the Coroners Act, such as requiring B.C.'s chief coroner to be a medical professional.

RCMP apologizes for death of Robert Dziekanski in Taser incident

April 1, 2010
CHAD SKELTON, Vancouver Sun

The head of the B.C. RCMP apologized today to Zofia Cisowski, the mother of Polish immigrant Robert Dziekanski, part of an out-of-court settlement of Cisowski's lawsuit against the force.

"Ms. Cisowski, on behalf of the RCMP I want to apologize for our role in the tragic death of your son, Robert Dziekanski," Deputy Commissioner Gary Bass said at a packed news conference this morning.

"Your son arrived from Poland eager to begin a new life here in Canada. We are deeply sorry he did not get that opportunity."

Cisowski accepted Bass' apology at the news conference, held near the airport, and noted she has also received apologies from the Canada Border Services Agency and B.C. Solicitor General Kash Heed.

"I believe the settlement and the apologies ... will help begin the healing process and clear the path towards my future," she said. "We all have to make sure that what happened to my son Robert cannot be repeated."

Dziekanski, 40, died on Oct. 14, 2007, after being Tasered five times by four RCMP officers responding to a 911 call at the airport.

His death prompted a public inquiry and a nationwide debate around the controversial stun gun.

The amount of the settlement is subject to a non-disclosure agreement and was not released today.

However Cisowski said it includes a $20,000 donation from the force to start up a scholarship in Dziekanski's name at Thompson Rivers University in Kamloops.

Bass said the settlement also commits the RCMP to participating in independent research on the effects of Tasers.

Taser critics have complained that much of the existing research on the impact of Tasers has been conducted by Taser International, the company that sells the weapons.

"We want to see more independent testing in Canada," said Bass.

Asked by reporters if the RCMP's apology means the force accepts blame for Dziekanski's death, Bass said no.

"It's an acknowledgement that the RCMP, along with many other people, had a part to play in the sequence of events that went on for many hours that night," he said.

Bass said the RCMP has taken a number of steps since Dziekanski's death to reduce the risk of such an event occurring again. Those measures include:

- Restricting the use of Tasers to incidents involving a threat to officer or public safety.

- Requiring RCMP officers to be certified annually on the Taser.

- Enhanced reporting for all uses of force, including the Taser.

- Increased emphasis within the RCMP on the risks posed by Tasers.

Bass said the RCMP has also adopted new policies to ensure that, wherever possible, in-custody deaths are investigated by an outside agency and not the RCMP itself.

Cisowski filed a lawsuit last October for damages against the RCMP, the four officers involved, the Canada Border Services Agency and the Vancouver Airport Authority.

The lawsuit sought damages for psychological injury, the loss of her son, Dziekanski, and her inability to work since the incident. The suit also sought punitive damages.

Cisowski's lawyer Walter Kosteckyj said the settlement with the RCMP brings the entire lawsuit to a close.

"The case has been settled in full," he said. "The case is at an end against all the parties."

Cisowski said the settlement puts her mind at ease.

"I have to close this chapter," she said. "I think I will sleep better."

Dziekanski, who was immigrating to Canada to live with his mother, became frustrated after a 20-hour flight from Poland, then spent about 11 hours in the international arrivals area of the airport. He was unable to contact his mother, who was waiting for him in another area.

--------------------------------------------------------------------------------

B.C. - Deputy Commissioner Gary Bass Issues Statement
File # 2010-04-01 2010-04-01 10:00 PDT
The following statement was issued by Deputy Commissioner Gary Bass at a news conference held on April 01, 2010.

--------------------------------------------------------------------------------

I am pleased to be here this morning to participate in this press conference with Mrs. Cisowski and to talk about this important issue.

Mrs. Cisowski, on behalf of the RCMP, I want to apologize for our role in the tragic death of your son, Mr. Robert Dziekanski, at the Vancouver International Airport on October 14, 2007. Your son arrived from Poland eager to begin a new life here in Canada. We are deeply sorry he did not have that opportunity.

The RCMP has learned much from this tragic incident and since it happened, numerous changes have been made to strengthen our policies, practices, training, and reporting requirements in relation to the use of Conducted Energy Weapons (CEWs) - which are commonly known as tasers.
These changes include:

•restricting the use of CEWs to incidents involving threats to officer or public safety,

•the requirement that RCMP officers be re-certified annually on the use of CEWS,

•enhanced reporting on all use of force by members of the RCMP including the deployment of CEWs, and

•an increased emphasis on the risks associated with CEWs.

I have assured Mrs. Cisowski that the RCMP encourages and will continue to cooperate with independent research being done on the effects of the CEW’s use on the human body.

I have also assured her that the RCMP is committed to independent testing of the RCMP’s Conducted Energy Weapons.

Another important change has occurred within this organization since Mr. Dziekanski’s death. We have introduced a new RCMP policy around independent investigation which states that where ever possible, an external independent agency will conduct investigations into any RCMP in-custody deaths and allegations that are serious or sensitive in nature to ensure impartiality and thoroughness. In addition, it is our hope that BC will soon establish its own regime responsible for these independent investigations, oversight and review of police actions.

We believe that the changes we’ve made to our policies and training are positive steps in strengthening our ability to ensure public safety while providing effective policing.

We hope that the actions we’ve taken to date, along with the civil suit settlement announced today marks the beginning of the healing process for Mrs. Cisowski, the RCMP and the public. It is critically important that the public has confidence in the police if they are to be able to work collaboratively to ensure public safety. We hope that the steps announced today will work towards this goal.

While none of our organization’s changes, apologies and civil settlement can bring Robert back - it is our sincere hope that what we’ve learned from his death will help prevent future tragedies from occurring.

I know that many of you will have a number of questions for the RCMP today and I will do my best to answer those questions. However, because we are still awaiting Justice Braidwood's final report, there are a number of matters that I will not be in a position to address today. We look forward to that final report as it will inform our ongoing review of our policies and practices. I anticipate further changes will be made.


Gary D. Bass, O.O.M.
Deputy Commissioner – Pacific Region &
Commanding Officer, “E” Division

RCMP to apologize to Robert Dziekanski's family

April 1, 2010
CBC

The RCMP intends to offer a formal apology and a financial settlement to compensate the mother of Robert Dziekanski, a Polish man who died at the Vancouver airport after RCMP officers used a Taser to subdue him.

The CBC has learned that Gary Bass, the RCMP deputy commissioner for the Pacific region, is scheduled to appear at a news conference Thursday morning, where he will offer the RCMP's apology to Zofia Cisowski, Dziekanski's mother.

Dziekanski died in October 2007, after four RCMP officers used a Taser on him at Vancouver International Airport.

It's not clear how Thursday's apology will differ from the first apology offered by RCMP deputy commissioner Bill Sweeney in May 2009 at a Senate committee hearing in Ottawa.

The RCMP's second-in-command said the force was "very sorry" for the death of Robert Dziekanski, but he stopped short of admitting the Mounties made a mistake.

Cisowski is expected to be at the conference when Bass makes his apology. The details of the financial settlement are being kept confidential.

In October 2009, Cisowski filed a lawsuit against the federal and provincial government, four RCMP officers and the Vancouver International Airport for the loss of her son. Sources have told CBC News it's expected that Cisowski will now drop the suit.