pulling evidence out of the guilty

[Havock]

http://www.cnn.com/2006/LAW/12/21/te....ap/index.html

PORT ARTHUR, Texas (AP) -- In the middle of Joshua Bush's forehead, two inches above his eyes, lies the evidence that prosecutors say could send the teenager to prison for attempted murder: a 9 mm bullet, lodged just under the skin.

Prosecutors say it will prove that Bush, 17, tried to kill the owner of a used-car lot after a robbery in July. And they have obtained a search warrant to extract the slug.

But Bush and his lawyer are fighting the removal, in a legal and medical oddity that raises questions about patient privacy and how far the government can go to solve crimes without running afoul of the constitutional protection against unreasonable searches and seizures.

"It's unfortunate this arguably important piece of evidence is in a place where it can't be easily retrieved," said Seth Chandler, a professor at the University of Houston Law Center. "You have to balance our desire to convict the guilty against the government not poking around our bodies on a supposition."

Investigators say that Bush was part of a group of gang members who broke into a used car lot and tried to steal vehicles. According to police, Bush tried to shoot businessman Alan Olive, and when Olive returned fire, a bullet struck the teenager and burrowed into the soft, fatty tissue of his forehead.

Prosecutor Ramon Rodriguez said gang members who took part in the robbery identified Bush as one of those involved. When he was questioned about a week later, Bush admitted taking part in the robbery but not the shooting, police said.

"The officers noticed the guy looks like hell. One of his eyes is black and he has a big old knot on his forehead," Rodriguez said. "He tells police he got hurt playing basketball."

A few days later, Bush went to the hospital and told doctors he had been hit by a stray bullet as he sat on a couch in an apartment.

"Officers started putting events together," Rodriguez said.

A judge took the unusual step of issuing a search warrant to retrieve the bullet from Bush's head in October.

But a Beaumont doctor determined that small pieces of bone were growing around the slug, and he did not have the proper tools in the emergency room to do it. The doctor said that removal would require surgery under general anesthesia and that no operating rooms were available.

Police then obtained a second search warrant and scheduled the operation for last week at the University of Texas Medical Branch hospital in Galveston. It was postponed again, however, after the hospital decided not to participate for reasons it would not discuss.

Prosecutors said they continue to look for a doctor or hospital willing to remove the bullet.

All sides agree that removing the bullet would not be life-threatening. But Bush's family and attorney say it would be a violation of the teenager's civil rights and set a dangerous precedent.

"When the medical profession divorces itself from its own responsibility and makes itself an arm of the state, it's a dangerous path," said Rife Kimler, Bush's lawyer.

The used car lot owner, Olive, told police that after officers had left the scene following the robbery and he began cleaning up, a man appeared in a nearby alley and threatened to kill him if he helped authorities in their investigation. The man fired at Olive and a shootout followed.

"I just can't believe I missed him at that distance," Olive, a competitive pistol shooter, said in court papers. Olive told authorities he never saw the man's face in the dark alley.

Bush is in jail on charges related to the robbery, but not the shooting.

Tammie Bush, the teen's mother, disputed allegations her son is a gang member.

"We know he's not a criminal," she said. "He's a good kid."

Dr. Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania, predicted Bush's rights as a patient will trump the state's desire to get the bullet, and said authorities might have a hard time finding someone willing to extract the slug.

"It truly is a moral quandary," Caplan said. "Doctors are caught between wanting to help solve crimes and their responsibility to patients' rights to refuse a procedure."


I think that this could be a good discussion topic here. After reading the article 2 things realy stick out to me. #1 this kids mom says that he isnt a criminal or a gang member. How do you explain his being shot in the head then? I don't know very many "good kids" who rob people. #2 , if the bullet in his head had done it's job everyone would be howling for the blood of the used car sales man even though he was just robbed at gun point.

[Dreamer128]

"We know he's not a criminal," she said. "He's a good kid."

What a worthless parent.. I wonder how many signals she has ignored.

[Bithron]

Wouldn't a bullet in your forehead with all those veins, give you blood poisoning?

[wellard]

I fail to see why they need the bullet to convict him. There is enough evidence already for 10 years behind bars. Let the loser keep his bullet as a lifelong reminder as to what a loser he is.

[robertthebard]

Yeah, and don't let any of the prison doctors remove it either, so that he has to carry it around forever. He'll end up right back in prison, as I don't think he'll be able to get very many jobs with a bullet obviously stuck in his head.

[Iron Greasel]

Set him free. If he reoffends, he can be caught again. If he doesn't, the punishment has worked.

[Felix The Assassin]

But..he was "struck by a stray bullet while sitting on a couch in an apartment". ROFLMAO.

The prosecutors need the bullet. One, to match the groves to the lands in the car dealers gun. If they don't match???
Two, to clear the car dealer of any false charges that somebody might have been hit by a stray bullet, but has yet to report it, or the authorities have yet to have knowledge of.

All-in-all. My CCW is a .357 magnum, with store bought 158Gr. JHP magnum loads, that will not be stopped by a little fatty tissue and hardened bone!

Another factual shooting where the 9mm failed to stop the assailant. Review the horrendously famous FBI shootout in Miami, FL 1986.

[ 12-31-2006, 10:38 AM: Message edited by: Felix The Assassin ]

[PurpleXVI]

The "innocent have nothing to fear" should hold some sort of power in the legal system.

I mean, a company does not resist the law going through it's records if they have nothing to fear. This kid has no reason to resist them getting out the bullet if he has nothing to fear. You do not keep the police from searching your house if you have nothing to fear.

If nothing else, resisting a search in any way should count as evidence that you have something to hide when attempting to prove your guilt, that's simple logic.

Mind you, the police should still go through proper channels to get their permits, they should not just be allowed to barge in anywhere.

[Timber Loftis]

Originally posted by PurpleXVI: The "innocent have nothing to fear" should hold some sort of power in the legal system.

Utter horsecrap. No one has to prove their innocence, there is a PRESUMPTION.