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.
Follow up thread with new info and another victim who was subjected to the same type of traffic stop, same dog, same hospital, same intrusive anal exams!
http://www.freerepublic.com/focus/f-news/3088002/posts
See followup thread link at #161. The doctors at the hospital may lose their license to practice medicine.
and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
By the way, this includes everyone involved. See 18 USC 241:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States... and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
In a just society, these bastards would fry. Won't happen, though. Not under Holder's DoJ. Vic is white, so he has no civil rights.
I hope they go to jail for life or get the chair...
Perhaps even an old injury...if a cop wanted to cause trouble for me I’m sure they could pin everything from baloney like this to “drunk” on me when the reality is I have a janky hip that needs a minute to move properly after I’ve been sitting for a while.
I could see some jerkwad cop who just wanted an excuse to hassle someone finding a bit of stiff movement or a limp as PERFECT justification...
Lucifer is running things in the Hidalgo County Sheriff’s Office.
It makes one wonder if the deputies (as well as the sheriff) are a cog in the Homosexual Agenda for America.
If you're as thin-skinned as Barack Obama and as violent as Ritchie Incognito you have no business being a police officer.
Our police departments need more Andy Taylors, fewer Barney Fifes, and no Rambos; and absolutely NO no scatological, butt raping perverts of any kind.
I don’t.
Sorry. Just seeing how many bootlickers would bite. I thought it was more obvious from my earlier post.
Zed, there is a fly in the web
I have noticed fewer of those types being willing to express themselves lately. The law and order conservative seems to be going away!
Unless the perps have skin in the game...nothing will every change.
You dissed me. What am I going to do about it? Nothing.
However, if I was a police officer, I’m afraid I’d have to arrest you, and take you in for an xray, enema and a colonoscopy! ;). BAOHIP
Can you send me a link to this?? (I’m digging and can’t find it.)
This is the SECOND time they did this.
Please tell me you forgot your sarcasm tag.
We are a country that is founded on the premise, “Innocent until *proven* guilty”.
The problem is that we have a power imbalance. The police used to uphold the mandate ‘to protect and to serve’. Now it seems that they’re out to get you.
Until about five years ago, I loved and trusted cops. I thought of every officer as my personal hero.
Then I moved to TX and I met good guys and bad guys, all wearing the uniform. At one point, the bad guys would be weeded out by their own. Now they protect one another, even when there is wrongdoing. The two women in TX who were strip-searched on the side of the road... who went to jail? This man will sue and he will win, but these cops will still be on the beat. (They did it to another guy a year ago. They’ll do it again.)
Police are not behaving with honor. They are not holding one another to the code.
It used to be that the average, law-abiding citizen really had nothing to fear. Now, we’re all threatened. All the time.
The cops have to get their houses in order. STOP protecting the bad apples. STOP seeing the average citizen as a liar and a criminal and see them as people.
Hell, that’s what you’re asking of us, right here, right now. See the cops as human beings.
But that is NOT how they see and treat us.
I think the perps should have skin in the game too. I just do NOT think the people who hired them should get a pass.
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