Posted on 11/05/2013 5:28:49 AM PST by ican'tbelieveit
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.
Ha!
While not agreeing with all your comments, you do make some good points. See this from the ABQ Journal:
Pimps, johns and prostitutes may soon face more than just an arrest when caught by Albuquerque police.
An ordinance approved by city councilors late Monday would allow officers to seize any motor vehicle used in a prostitution crime. It was sponsored jointly by councilors Roxanna Meyers and Ken Sanchez.
“This is a citywide problem,” Meyers said, pointing out sting operations conducted throughout Albuquerque.
http://www.abqjournal.com/294605/news/abq-news/abq-council-approves-going-after-johns-cars.htm
And this from Saint Louis: St. Louis Man Arrested for Video Taping at Public Train Station
The document at the link below appears to be the complaint filed by the victim’s lawyer ...
http://www.scribd.com/doc/181730326/Traffic-Complaint-pdf
CedarDave,
Prostitution in ABQ is, well, everywhere but Central is of course almost embarrassing.
BUT, once again the State is confiscating items of value and benefiting from said items. This seems likes taxing beer and cigarettes.
Is this the answer to ABQ prostitution problem? No! This is putting a kids Sesame Street band-aid on a cut to the juggler.
Until and unless the problem of illegals are ended drugs and prostitution will continue. Mexican drugs and the smuggling of illegals is propagated by free and easy access to rent controlled apartments, free healthcare, free education. So ABQ burns and the city council wants to confiscate cars. Whatever.
What else could be do? Couldn’t shoot ‘em. He’d get in trouble for that.
I bet he comes to a full stop next time.
Cedar Dave
This is an excerpt from the lawsuit: DAVID ECKERT, Plaintiff, v.
CV THE CITY OF DEMING, DEMING POLICE OFFICERS BOBBY OROSCO, ROBERT CHAVEZ, and OFFICER HERNANDEZ; HILDAGO COUNTY; HILDAGO COUNTY SHERIFF OFFICERS DAVID ARREDONDO, ROBERT RODRIGUEZ, and PATRICK GREEN; DEPUTY DISTRICT ATTORNEY DANIEL DOUGHERTY, GILA REGIONAL MEDICAL CENTER, ROBERT WILCOX, M.D., and, OKAY H. ODOCHA, M.D.
“203. The municipal Defendants have trained their officers and have implemented a policy of transforming ordinary traffic stops into invasive searches and seizures, flouting constitutional requirements related to private property and liberty interests.”
The attorney is correct in this case, but all over this country “routine” traffic stops are transformed into mockeries of the 4th amendment.
This is why Police and cities must be opposed, even at the risk of letting prostitution run rampant.
“I would report there so called physicians to the stare and have their licenses. Exposing a patient to a potentially dangerous procedure without consent is beyond the pale”
This is a great idea. With losing their license for that reason on their record, the next place they will be practicing medicine will be in Laos.
What is your point? Would like me to search for good stories about police officers and the send them you? Maybe you will like that.
“Rules say you must come to a complete stop and signal your turning intention when exiting from private proerty onto a municaipla thoroughfare.
I’ve paid a ticket for not stopping while backing out of my driveway in a cul-de-sac.”
This may differ state-by-state. In Georgia (at one time), if the owner of a private property allows the police to police his/her lot to perform their duties, they also have the right to enforce municipal rules.
“Lordsburg man probably dissed the cops. Had he treated officers with respect, probably would not have happened”
I am dissing your statement. I have no respect for it at all. What are you going to do about it?
Just out of curiosity, what do you believe should be the penalty for the degree of malice or stupidity that would lead one sincerely to believe something untrue, when that erroneous belief leads to such egregious violations of one of their superiors' civil rights?
When "belief" leads to things like this, then belief should come with consequences, and big ones. The penalty for such misuse of their faculties when the stakes are so high should be severe indeed.
Your ass clinched when you got your Osamacare bill? What are you, some kind of racist? Homophobe? [/lib]
Has any judge ruled on the 4th Amendment implications of such an “arrangement”?
His reply should be that if (1) he never receives even one more bill from them and if (2) they do bill the department, there is some remote chance, however small, that they won’t be named personally in the ensuing slam-dunk lawsuit.
“Has any judge ruled on the 4th Amendment implications of such an “arrangement”?”
I don’t know-it might have to do with whether or not your private lot connects to a public road (which, if you think about it almost any paved area does).
In fact, whatever they seize should go to their political opponents in town with dollar-for-dollar matching out of their own budget also to the opponents. If they REALLY REALLY think something deserves seizure under those rules, then it's probably legit.
"Your Honor"!
We need a “like” button here.
These are the things making freepers not feel good about cops lately.
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