Posted on 12/21/2006 1:03:41 PM PST by SmithL
Port Arthur, Texas -- 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 borrowed 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."
(Excerpt) Read more at sfgate.com ...
Mr. Olive should've been carrying a .45 ;-)
Huh?
AMEN to that!
Also, they should just keep the kid in jail for the robbery until he begs them to remove the bullet, then they just retrieve it and take it to the grand jury for an attempted murder charge.
Yeah, but the gov't shouldn't be able to force someone to submit to surgery. I'd like to see the kid rot in jail if he's guilty, but this would seem like a violation of the 5th amendment, of sorts.
As seen on TV...Fat Head.
All the inmates would call him "Bullethead" or "Bullethead Bush"
Hollow point flattened upon impact, but failed to penetrate his skull perhaps? Odd story indeed.
It seems from the article that the fact that a bullet is indeed lodged in Bush's forehead has not yet been established, which means that the title of this article is a bit misleading.
"soft fatty tissue of his forehead"
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!
I don't see the warrant as unreasonable.
In this case probably not but I sure don't want to give the govt. a precident to perform surgery on suspects in order to obtain suspected evidence. Give them that power, and it can only lead to a very bad and dark place eventually. Sometimes it's better to let a case go than set up future generations for who knows what horrors politicians will visit upon them.
Once the formerly private citizen has entered the system, privacy, such as it is or was, is over.
Let him keep the bullet in his head.
But I see no need to give him antibiotics if it gets infected.
That point was passed long ago. Everybody who ever got a driver's license or went to public school or walked on a public right of way or got a job working for a corporation or voted or anything else other than being born at home and staying on the property forever is public.
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