WTF - Drug War Gone Mad

[Lewkowski]

http://www.kob.com/article/stories/S...0#.UnmRd3DOmmr

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This 4 On Your Side investigation looks into the actions of police officers and doctors in Southern New Mexico.
A review of medical records, police reports and a federal lawsuit show deputies with the Hidalgo County Sheriff's Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center made some questionable decisions.
The incident began January 2, 2013 after David Eckert finished shopping at the Wal-Mart in Deming. According to a federal lawsuit, Eckert didn't make a complete stop at a stop sign coming out of the parking lot and was immediately stopped by law enforcement.
Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.
The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."
But physicians at the Gila Regional Medical Center in Silver City agreed to perform the procedure and a few hours later, Eckert was admitted.
What Happened
While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert's medical records, which he released to KOB, and details in the lawsuit show the following happened:
1. Eckert's abdominal area was x-rayed; no narcotics were found.
2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.
3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.
4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.
7. Doctors then x-rayed Eckert again; no narcotics were found.
8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.
Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.
"If the officers in Hidalgo County and the City of Deming are seeking warrants for anal cavity searches based on how they're standing and the warrant allows doctors at the Gila Hospital of Horrors to go in and do enemas and colonoscopies without consent, then anyone can be seized and that's why the public needs to know about this," Kennedy said.
Search Warrant Concerns
There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.
In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.
"This is like something out of a science fiction film, anal probing by government officials and public employees," Kennedy said.
No Comment
KOB reached out to the attorneys representing the defendants in the lawsuit and all declined to comment on the situation. The attorneys said it's their personal policy not comment on pending litigation.
4 On Your Side Investigative Reporter Chris Ramirez cornered Deming Police Chief Brandon Gigante.
"As the police chief what reassurances could you give people when they come through your town that they won't be violated or abused by your police officers?" Ramirez asked Chief Gigante.
"We follow the law in every aspect and we follow policies and protocols that we have in place," Chief Gigante replied.
"Do you think those officers in this particular case did that?" Ramirez asked.
Gigante didn't answer, instead he referred Ramirez to his attorney.
The Lawsuit
David Eckert is suing The City of Deming and Deming Police Officers Bobby Orosco, Robert Chavez and Officer Hernandez.
Eckert is also suing Hidalgo County Hidalgo County Deputies David Arredondo, Robert Rodriguez and Patrick Green.
Eckert is also suing Deputy District Attorney Daniel Dougherty and the Gila Regional Medical Center including Robert Wilcox, M.D and Okay Odocha, M.D.

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/boggle

I sure hope there are some heads that roll over this. What the fuck. :/

[LittleFuzzy]

They reamed him, and now he's going to return the favor. Good luck to him.

[Flixy]

Aside from the fact that it's crazy that based on just that, he was suspected, but why not stop after the X ray. Unless this story is far from the truth, good luck to him.

[Veldan Rath]

And thus the tax payers will be reamed as well.

Can we just end the drug war now?

[Aimless]

The best part is that the hospital apparently billed him for it and threatened to take him to collections. This is the problem with fee-for-service models I can see it before me... "We still haven't been able to find any drugs, but we can't be sure, medically speaking."

[Loki]

Pretty sure this is grounds for all the doctors in question losing their licenses...

[Lewkowski]

Pretty sure this is grounds for all the doctors in question losing their licenses...

It should be. Doctors are never required to perform medical procedures by the police. Which means that responsibility for doing something unlawful rests squarely on their shoulders as well.

[LittleFuzzy]

Aside from the fact that it's crazy that based on just that, he was suspected, but why not stop after the X ray. Unless this story is far from the truth, good luck to him.

That this all proceeded from a "routine" traffic stop strongly suggests to me that Eckert was already a suspect and they were just looking for justifications. That or it started as a personal vendetta against the guy. And that's why they didn't let the clean x-ray stop them, they "knew" he was a mule and that meant the x-ray simply hadn't been able to pick the material up.

[Loki]

I think the real question is not why the police officers were assholes, but rather why the doctors kept on doing one unnecessary medical procedure after another.

[GGT]

Eckert's attorney, Shannon Kennedy, said in an interview with KOB that after law enforcement asked him to step out of the vehicle, he appeared to be clenching his buttocks. Law enforcement thought that was probable cause to suspect that Eckert was hiding narcotics in his anal cavity. While officers detained Eckert, they secured a search warrant from a judge that allowed for an anal cavity search.

Let's begin at the beginning. FFS, that's the most absurd thing I've heard for police profiling, stop-and-search, let alone getting a judge's approval to expand the search to body cavities.

[Lewkowski]

Let's begin at the beginning. FFS, that's the most absurd thing I've heard for police profiling, stop-and-search, let alone getting a judge's approval to expand the search to body cavities.

This wouldn't be nearly as awful if they had stopped after the first X-Ray.

[RandBlade]

Pretty sure this is grounds for all the doctors in question losing their licenses...

It says its 1am, Police come in during the night waving a warrant and they're following instructions set by the judge and the Police. Its not like they did it without a warrant. They're doctors (and possibly junior ones on the night shift) not lawyers. Should they have done it? No. But I think the fault lies more on the hyperaggressive law enforcement than the doctors executing a poorly written search warrant.

[Lewkowski]

It says its 1am, Police come in during the night waving a warrant and they're following instructions set by the judge and the Police. Its not like they did it without a warrant. They're doctors (and possibly junior ones on the night shift) not lawyers. Should they have done it? No. But I think the fault lies more on the hyperaggressive law enforcement than the doctors executing a poorly written search warrant.

The police (at least here) can't force a doctor to perform any medical procedure. The first physician refused to do so. The police can arrest you for crimes, they can search you and they can ask you to get out of your home or vehicle - but they can't MAKE you do work. That would be slavery.

[RandBlade]

Even with a warrant? Seen on American law dramas repeatedly doctors refusing a Police request unless/until they have a warrant.

Doctors have a duty to following the law and if they're thinking they're executing a warrant as ordered by a Judge and the Police I don't think they should lose their licence over it.

[Lewkowski]

Even with a warrant? Seen on American law dramas repeatedly doctors refusing a Police request unless/until they have a warrant.

Doctors have a duty to following the law and if they're thinking they're executing a warrant as ordered by a Judge and the Police I don't think they should lose their licence over it.

A warrant doesn't give the right for the police to conscript someone. There is no law that FORCES a doctor to perform a procedure. That being the case if the doctor CHOOSES to do the procedure then they are just as culpable.

[LittleFuzzy]

It says its 1am, Police come in during the night waving a warrant and they're following instructions set by the judge and the Police. Its not like they did it without a warrant. They're doctors (and possibly junior ones on the night shift) not lawyers. Should they have done it? No. But I think the fault lies more on the hyperaggressive law enforcement than the doctors executing a poorly written search warrant.

Well, actually they did do it without a warrant. A warrant from another county's court is just a piece of paper. And Lewk is right. A warrant can take the place of requiring consent* but it cannot compel that level of cooperation. That would require a much more specific court order, with a lot more process behind it. And even then, it can't actually compel you, you just run the risk of being held in contempt of court for not complying, which is frankly a highly unlikely scenario, the judge would just direct the person seeking such service to find someone more willing.

*And then, it really only does so for non-invasive procedures considering the guy hadn't even been arraigned. You want to engage in invasive procedures on someone without their consent, you need to either justify it on life-saving grounds or have been granted custody. And if Eckerts had had any kind of legal representation, even a public defender, everything after the x-ray would have failed at a probable cause hearing.

[Aimless]

http://www.kob.com/article/stories/S...0#.UntPC-Kpq_L

It's a story that has left the entire country wondering about the state of law enforcement in New Mexico.

4 On Your Side revealed how David Eckert rolled through a stop sign in Deming.

A K-9 named Leo alerted that it sniffed drugs on Eckert's driver's seat.

And, for the next 14 hours, those police officers, and doctors at the Gila Regional Medical Center performed eight medical procedures including x-rays, rectal finger exams, enemas, and finally a colonoscopy.

According to a federal lawsuit, officers Bobby Orosco and Robert Chavez were two of the officers involved, and they never found drugs inside Eckert.

Our investigation reveals another chapter. Another man, another minor traffic violation, another incident with Leo the K-9 and another example of the violation of a man's body.

Police reports state deputies stopped Timothy Young because he turned without putting his blinker on.

Again, Leo the K-9 alerts on Young's seat.

Young is taken to the Gila Regional Medical Center in Silver City, and just like Eckert, he's subjected to medical procedures including x-rays of his stomach and an anal exam.

Again, police found nothing, and again the procedures were done without consent, and in a county not covered by the search warrant.

We've learned more about that drug dog, Leo, that seems to get it wrong pretty often. He might be getting it wrong because he's not even certified in New Mexico.

If you take a look at the dog's certification, the dog did get trained. But his certification to be a drug dog expired in April 2011. K-9s need yearly re-certification courses, and Leo is falling behind.

"We have done public requests to find anything that would show this dog has been trained, we have evidence that this dog has had false alerts in the past," Eckert's attorney Shannon Kennedy said.

The doctors from the Gila Regional Medical Center have been turned over to the state licensing board. It's possible they could lose the ability to practice medicine.

And the police officers will be answering to a law enforcement board.

http://www.abqjournal.com/295191/new...lonoscopy.html

According to the court document and Kennedy, Chavez apparently thought Eckert was standing in an erect posture, keeping his legs together, as if he were “clenching his buttocks.” A narcotics sniffing dog was brought to the scene and alerted to the driver’s seat of Eckert’s car.

Chavez was told by officer Orosco and deputy Arredondo that Eckert was known in Hidalgo County “to insert” drugs into his body, according to the suit, which adds that the information is false.

Eckert had been stopped in Hidalgo County the previous September for a cracked windshield. Drugs were suspected but not found and Eckert was not charged, the lawsuit says.

Though he was not under arrest during the January incident, Eckert was placed in handcuffs and taken to the Deming Police Department.

Meanwhile, officers obtained a warrant to search Eckert’s car and his body, including his anal cavity.

When transferred to the emergency room at Mimbres Memorial Hospital, the doctor refused to conduct the cavity search on ethical principles, so officers drove Eckert to Gila Regional Medical Center in another county, according to the suit.

The federal lawsuit, originally filed in August, asks for nonspecified actual and compensatory damages, punitive damages, “injunctive relief” to protect Eckert and his family from “ongoing harassment and intimidation of defendants,” and attorney fees and litigation expenses.

Kennedy said attorneys representing the defendants have already responded to the complaint “and did not dispute any of the facts.” Consequently, “we filed a motion for summary judgment in just the last couple of days.”

[Loki]

It seems to me that quite a few felonies were committed by the police and the doctors here. I don't understand why there's no criminal investigation going on...

[Veldan Rath]

This may need to be a case for the Feds, but the State AG should take a look first.

[GGT]

A warrant doesn't give the right for the police to conscript someone. There is no law that FORCES a doctor to perform a procedure. That being the case if the doctor CHOOSES to do the procedure then they are just as culpable.

But doctors aren't the only ones "authorized" to conduct body cavity searches.

[Veldan Rath]

Well for X-rays and enemas they needed medical professionals...but still not sure what your point is.

[LittleFuzzy]

And GGT's claim notwithstanding, the people with the most protection from lawsuits alleging unprofessional conduct/improper practice wrt that sort of examination would STILL be the the people with at least a nursing degree.

[Ominous Gamer]

$1.6 million settlement
http://www.cnn.com/2014/01/16/justic...html?hpt=hp_t2

[Loki]

Still a shame that no heads rolled because of this.

[Aimless]

Can't someone else still prosecute on their behalf? Or do these constitute purely civil offenses?

[Veldan Rath]

Could be a fed case...violation of civil liberties (Rodney Kingish?)

[LittleFuzzy]

Can't someone else still prosecute on their behalf? Or do these constitute purely civil offenses?

They're civil offenses. From a US legal perspective, what was violated (besides Eckert himself) were his due process rights. That's a constitutional offense, not a criminal offense, and there isn't any "at fault" or punitive measures when it comes to that, just stop orders. It leaves the government entities involved open to civil claims because they don't have any lawful cover at that point but that's not the same type of thing really. Even if there is a case for federal intervention, the form it would take pretty much has no punitive aspects, I think it would end with requiring rules, regulations, or more local laws being rewritten to make it more clear that this isn't allowed and keep it from happening again.

[Loki]

It seems like grounds for revoking medical licences...

[LittleFuzzy]

Well, that would be entirely up to the independent working of the ethics committee for the state medical board. Those workings are also not judicial legal proceedings. And really, these days they're there more to protect the doctors more than they are there to protect any involuntary patients. Any hearing convened would, at most, give a mild reprimand for not consulting the hospital lawyer when faced with a warrant (assuming they didn't in the first place) and would otherwise dismiss the matter as regrettable but understandable in light of the fact that doctors are not lawyers and cannot be expected to recognize minor/obscure points of law like implied time limits or breaches of jurisdiction.

[Lewkowski]

I'm less concerned about the medical folks and more concerned about the police.