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Just Another Day At Walmart, "...concussion, lacerations and bruises." LINK

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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-02-09 12:23 PM
Original message
Just Another Day At Walmart, "...concussion, lacerations and bruises." LINK
A 15 yr old black girl is accused of shoplifting $39 worth of merchandise from a Walmart in Iowa. Granted this is only one account of the incident, but if it is even remotely accurate there is something significantly wrong with both Walmart's policies and the Davenport Police Department behavior in this case --not to mention the Assistant District Attorney making an offer to allow the family to view the videotape only if they agree to go to court without a lawyer.


http://www.huffingtonpost.com/al-norman/another-wal-mart-shoplift_b_376228.html

"The girls complied with the order to enter the room, but when James followed, he was pushed out of the way and the door was shut in his face. James says he could hear the men yelling at the girls. One asked, "Why don't you people respect us?" James then called 911. Two Davenport police officers arrived. They didn't identify themselves to James nor did they ask for his version of the incident. They took their place in front of the door.

Within seconds of the officers' arrival, the door to the room opened, and Destiny ran out toward her brother. Destiny had not been told to stay in the room, nor was she being physically restrained. She never reached her brother's side. One of the officers applied an arm bar that put Destiny face down on the floor of Wal-Mart. The officer then dropped his knee into the middle of her back. As her forehead hit the floor, Destiny was lifted up by the back of her shirt and spun around so that her forehead hit the wall. Her face was then manually turned by the officer and pressed into the wall. The officer turned Destiny around so that she was facing him and pressed down on her shoulders until she was sitting on the floor.

As Destiny hit the floor James took a step forward and said, "That is my sister." The second officer told James to step back, and he stepped back. But when Destiny's forehead hit the wall, James stepped forward again and asked, "Why are you doing that to my sister?" The second officer then put James' hands behind his back. James says he knew in that instant that this was an entirely new game and he said nothing else.

James was taken to jail and charged with two misdemeanors: disorderly conduct and interfering with an official act. Destiny was put in a squad car. One officer reportedly took out his stun gun and said to Destiny, "I swear to God I will taze you if you resist." The stun gun was held twelve inches from Destiny's head a little above her ear. Upon arriving at the squad car Destiny had her face forced into the trunk of the car. She was then handcuffed and read her Miranda rights. A short while later, Destiny was released from the squad car to her second oldest brother. She was given a ticket for shoplifting. Destiny was taken to the hospital. She had a concussion, lacerations and bruises. Her hospital bill totaled $3,000."

MORE


Then later this gem was revealed:

"This week, 4 months after this harrowing incident, the Crawford family has still not seen either the police tapes from this incident, or the Wal-Mart surveillance tapes. James and his family asked Wal-Mart for a copy of the tape. They were told by Wal-Mart that the Davenport Police Department had the tape. The tape eventually showed up in the City Attorney's office. After two months of having the tape and preparing his case, the City Attorney offered to let James see the tape if he would go to trial without a lawyer."
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-02-09 12:37 PM
Response to Original message
1. Courts have always been clear about the release of potentially exculpatory evidence...
...Only the defendant and his(her) counsel can determine what is and is not exculpatory evidence, NOT the prosecution.

Release of the videotape seems integral to the defendant's defense.

Of course if they manage to avoid turning over the videotape to the defendant and her counsel, we all can expect more of the same behavior in the future. No consequences for misconduct today usually results in the same misconduct being repeated in the future.
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-02-09 02:39 PM
Response to Original message
2. OP posted 2 hrs ago and has only 38 page views? What's going on? n/t
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