Monday, August 10, 2009

Lady Liberty Carries a Taser!

The incomparable Digby:
Tasers are routinely used by police to torture innocent people who have not broken any law and whose only crime is being disrespectful toward their authority or failing to understand their "orders." There is ample evidence that police often take no more than 30 seconds to talk to citizens before employing the taser, they use them while people are already handcuffed and thus present no danger, and are used often against the mentally ill and handicapped. It is becoming a barbaric tool of authoritarian, social control.
And it's happening with nary a peep of protest.
It was the third incident, however, that should get civil libertarians' serious attention. It featured an Idaho man on a bicycle who happened to ride past a police stop in progress on the side of the road. He had nothing to do with the stop, but was pulled over by the police and told to produce his ID. He said, correctly, that he had no legal obligation to produce ID and the police insisted he must. The situation escalated and he demanded that they call a supervisor to the scene when the police said they were going to arrest him. He ended up being tasered seven times -- you can hear him moaning in pain on the tape at the end. (In an especially creepy moment, the police try to confiscate the tape of the incident.)

Now, many people will say that he should have just showed his ID, that it's stupid to confront police, that like Henry Louis Gates you get what you deserve if you mouth off to the cops. And on a pragmatic level this is certainly true (although I would reiterate what I wrote here about a free people not being required to view the police in the same way they view a criminal street gang, which is to say in fear.) But the fact remains that there is no law against riding a bicycle without ID, and there is no law against mouthing off to the police. Certainly, there can be no rationale behind using a weapon designed to replace deadly force seven times against someone under these circumstances.

These are just three incidents that happened last week. There's nothing special about them. They happen every day. Even this horrific scene, which is so shockingly authoritarian (excuse the pun) that it makes you feel sick, is not unusual:

A former Southern Virginia University and Brigham Young University adjunct professor of political philosophy and jurisprudence, Dr. Lowery entered the Utah Third District courtroom alone on November 22, 2004, to make oral argument before Judge Anthony Quinn. Two Salt Lake County Deputy Sheriffs sat at the back of the courtroom, one on each side of the door. Other deputies were in the foyer of the courtroom. No members of the public were present.

Dr. Lowery suffered from major depression, bipolar disorder, paranoia disorder, delusional disorder, and psychotic disorder. Judge Quinn granted one of Dr. Lowery's motions made under the Americans with Disabilities Act, Title II, which allowed for reasonable modifications of court rules, policies, or practices in order to accommodate Dr. Lowery's multiple mental disabilities.

Near the end of his oral argument, the traumatic content of the argument moved Dr. Lowery into moderate mania, and he characterized a previous crabbed ruling by Quinn as "bullshit."

Impatient for the speech to end, Judge Quinn took that as an opportunity to order the bailiffs to take the professor into custody and cool him off.

The plaintiff's state of agitation was caused by his mental disabilities. The deputy sheriffs' approach only caused the situation to escalate. As five or more Salt Lake County deputy sheriffs/bailiffs seized Lowery from behind, he shouted, "I am cooled off; I deserve to be heard. I deserve to be heard, your Honor, and you are violating my access to due process at this very moment. I am not violent and --"

Judge Quinn interrupted him with ordering the bailiffs to take Dr. Lowery to a holding cell. A split second later -- unclear whether following the judge's orders or acting on his own accord, a bailiff sent 50,000 volts of incapacitating electricity into the lower back of the unsuspecting professor. As the courtroom video shows, nothing in Dr. Lowery's behavior suggests that the bailiffs had any reasonable motive to believe they or the judge were in physical danger.

Yet the taser gun fired more than once.

The repeated electric shocks blew Dr. Lowery over the podium, and he landed face down on the floor, with two bailiffs on his back. The electric blasts caused Dr. Lowery's bowels to empty twice. He screamed, "Help me!" while he complied with a bailiff's order to stay on his belly, neither capable nor willing to offer resistance. Then, suddenly, he went unconscious.

Remembering they were still on camera, the bailiffs shouted at Dr. Lowery to not resist again (though his resistance was only instinctive) and threatened him with more electrocution. When they realized that he could no longer hear them, they dragged the man across the floor, put him in a chair, and massaged his heart. One bailiff called for paramedics. [...]

Since no one but the victim and the abusers were in the courtroom, this crime remained unknown to the public until recently.

(Read on if you can stomach it.)

Here's the Youtube of the event. You can see for yourself if there was justification for the reaction of the judge or the police.

Representatives of the government torture innocent citizens into unconsciousness, on camera, in United States courtrooms with tasers. They use them on prisoners and on motorists and on political protesters and bicycle riders, on mentally ill and handicapped people and on children And it's happening with nary a peep of protest.