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Palm Beach, FL Chief
William B. Berger -
TASER Use & Abuse
The following is the memo issued by
Palm Bay Police Chief William Berger
to police officers
regarding the agency's Taser policy:
(Comments are within the text of the directive
in yellow.)
(Kirwan:) Chief Berger,
I am writing to you because it appears that you and your department are confused about the nature and levels of the performance of your jobs, as police officers in the country, today. War or no war; citizens of the USA are entitled to be treated as "innocent" until proven guilty - and not the other way around. The burden of proof for the facts of any situation is upon the courts to prove those facts regarding guilt, beyond a reasonable doubt. You and your officers have confused your role in the System, with that of Vigilantes with too much power in your hands and too few thoughts in your heads.
TO: All Department Personnel
FROM: William Berger, Chief of Police
DATE: June 10, 2005
RE: Temporary Taser Policy Amendment
Recently we took into custody a seventeen-year-old male
juvenile for a violent criminal act against his family. In the
process of making the arrest,
our officers justifiably deployed a single TASER cartridge,
the probes of which
struck the subject in the upper chest and upper abdomen.
(Kirwan:) If there were several officers involved in this arrest, why not just
physically subdue the suspect, handcuff him, and take him to the
station where he could be charged with a potential crime or released?The subject stands about 6'03 and weighs approximately
140 pounds; an extremely thin build.
(Kirwan:) All the more reason for NOT tasering the suspect.
He was handcuffed without any further
incident and transported to the station for booking.
About an hour and a half after the arrest the subject
began complaining of chest discomfort and was immediately
transported to the emergency room.
The emergency room doctor determined
the subject suffered a collapsed lung and
suggested a possible cause as being a
combination of the subject's body build
and the TASER use.
The emergency room doctor stated he believes
the TASER probe may, and I stress may,
have punctured the chest cavity allowing
air to enter and causing the lung to collapse.
I am convinced that the TASER is probably the best non-lethal
defensive weapon in police work today. It has proven invaluable in protecting
officers, the public and offenders. It has reduced injuries, overall is safer
for everyone involved and is clearly a
reasonable force option. While it is my
intention to work vigorously
to keep the TASER, at times we will encounter circumstances that
dictate that we proceed with some caution
or take some special measures.
(Kirwan:) Here it seems is the crux of your problems - your department seems to be fixated on weaponry, as though all those you encounter in your job (that of protecting the public) has to involve the use of weapons.
Protecting the PUBLIC is your job, protecting your officers is secondary. When you hit a "suspect" with 50,000 volts you have already decided that this person is guilty and therefore in need of violent force to be subdued. That is excessive force by any definition - except perhaps for the regulations governing prisoners being detained by the military in far-flung locations around the planet. You, Chief Berger are NOT in Iraq, or Gitmo, or Afghanistan - you're in a town in Florida, USA.
http://globalresearch.ca/articles/DAV505A.html
Our laws were designed with a desire "to protect the innocent." This new System has exactly the opposite purpose in mind - arrest anyone that looks suspicious, and to hell with the damage done to the individual or to the society! (As we did in Iraq - so it is here).
Unfortunately you and your department are not the only police department in the US who believe that what you are doing is "protecting" something, but certainly not the innocent. The optimal example for your actions was created for you by the Department of HOMELAND SECURITY when they made war upon the citizens and visitors to Miami, Florida on the occasion of the FTAA protests:
http://www.indymedia.org.uk/en/2003/11/281370.html
The people you are interacting with are usually citizens of the United States, and whether or not that is the case - you are NOT authorized to torture or abuse those you are charged with simply arresting. Your function may be the first line of defense for the society, but it is also the first step that is taken by anyone accused of a crime. You and your department seem to have forgotten the difference between those who are ACCUSED of a crime and those who have been found guilty. In any case where officers are called, people have a right to expect to live to refute any charges that may be brought. Cops need the good faith cooperation of the people "they SERVE." When that trust has been too frequently shattered, by trigger-happy, overly enthusiastic people in uniform: that result paints a target on every officer in the offending in this land.
I have consulted with representatives from the treating
physicians, police experts, our own TASER instructors,
TASER, Inc. and others.
We are working diligently to determine
exactly what caused the above situation.
There is a good possibility that
the TASER was NOT the cause
of the subject's medical condition.
However, effective immediately,
I am temporarily and until further notice directing officers
to AVOID frontal chest shots or "center mass"
on extremely thin or small structured subjects.
Therefore, the target areas should not be, whenever possible,
the chest or upper torso, where the new longer
probe
may inadvertently pierce the chest cavity.
When these conditions are present and when possible,
TASER deployments should be directed
to a subject's back of the torso
or the extremities,
particularly the upper leg.
This is the preferred target area
on extremely thin or small structured subjects.
Staff and I will keep you updated
as we progress on the issue and
work rapidly to find answers.
Chief William B. Berger
(Kirwan:) What needs to happen is that your department needs to read carefully the Constitution of the United States, and discover what their real role in this country truly is. Whoever created your TASER policy needs to be terminated, and you in all good conscience should resign. It is difficult enough, trying to live under an Outlaw administration without having to deal with the added burden of dimwitted police officers that too often worship their weaponry, instead of giving any thought to why they are at a "crime scene" in the first place.
Since the town of Palm Bay's slogan is "A Perfect Place to Grow" you might want to think about how the actions of you, and the officers of your department will impact that phrase, once the world knows how you choose to treat people under your "authority."
Sincerely,
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